HomeMy Public PortalAbout19830810 - Agenda Packet - Board of Directors (BOD) - 83-19 Meeting 83-19
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
REGULAR MEETING
BOARD OF DIRECTORS
Wednesday 375 Distel Circle, D-1
August 10, 1983 Los Altos, California
A G E N D A
(7 : 30) ROLL CALL
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
OLD BUSINESS WITH ACTION REQUESTED
(7 : 45) 1. Land Acquisition Public Notification Procedures -- C. Britton
(8 : 05) 2. Proposed Acquisition of Federal Surplus Property at Mt. Umunhum
and Mt. Thayer (Former Almaden Air Force Station) -- C. Britton
Resolution Authorizing Officer to Execute the Offer to Purchase
Real Estate and Acceptance Agreement Authorizing Officer to
Execute Certificate of Acceptance of Grant to District and
Authorizing General Manager or the Assistant General Manager
to Cause to Give Appropriate Notice to Offeree and Authorizing
General Manager to Execute Any and All Other Documents Necessary
or Appropriate to the Closing of the Transaction (Almaden Air
Force Station--Mt. Umunhum and Mt. Thayer)
(8 : 35) 3. Final Adoption of Saratoga Gap Open Space Preserve Use and Manage-
ment Plan -- D. Hansen
NEW BUSINESS WITH ACTION REQUESTED
(8 :40) 4. Request to Complete Fire Protection System - Hassler Health Home
Property -- D. Hansen
(8 : 50) 5. Request by Local Fire Departments to Utilize Hassler Buildings
for Training Exercises -- D. Hansen
(9 : 20) 6. Long Ridge Open Space Preserve Use and Management Plan -- D. Hansen
(9 : 40) 7. Monte Bello Open Space Preserve - Black Mountain (Ground Communi-
cations Lease with Federal Aviation Administration--FAA) --
W. Tannenbaum
Resolution Approving the Ground Communications Lease With Federal
Aviation Administration (Monte Bello Open Space Preserve--Black
Mountain)
(9 :50) INFORMATIONAL REPORTS
CLAIMS
CLOSED SESSION (Land Negotiations and Litigation)
ADJOURNMENT
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
July 28, 1983
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: San Mateo County Bayfront Park Acquisition Grant
I am pleased to announce that the State has approved a $100,000
federal Land and Water Conservation Fund grant for the District.
The funds will be used for acquisition of lands along San Fran-
cisco Bay in the area southeasterly of Dumbarton Bridge to help
complete the South Bayfront Trail Corridor. We appreciate the
support of Menlo Park, East Palo Alto, San Mateo County, the
Ravenswood Recreation and Park District, and others who lent
their support to the grant application.
cc: Menlo Park City Council
East Palo Alto City Council
San Mateo County Board of Supervisors
Ravenswood Recreation and Park District
WRITTEN Cor,-rTNICATION
Meeting 8:
August 10, -J83
HARRY H. HAFussLER, JR.
1094 HIGHLANDS CIRCLE
LOS ALTOS, CALIFORNIA 94022
August 9, 1983
Board of Directors
Midpeninsula Regional open Space District
375 Distel Circle, Suite D-1
Los Altos, CA 94022
The ceremonies marking the opening of Windy Hill
trails were well done. I am sure that those who
worked so hard on the trails and the obtaining of
the land appreciated the recognition given them.
Of particular interest to me were some of the remarks
made by Director Harry Turner. These were to the effect
that the first decade of the district the efforts were
to purchase open space, and that now in the next decade
would see a shift in emphasis to developing these
lands for more use by the public.
This shift in emphasis I wholeheartedly applaud.
The sooner the better. as I heard others comment at
the time.
Sincerely,
Harry]H. Haeusslert Jr.
r,,UG 933
Department of Environmental Services
BOARD OF SUPERVISORS
Agricultural Commissioner/Sealer, Weights & Measures • Building Inspection ANNA G. ESHOO
Cooperative Extension • Environmental Management Fire Protection ARLEN GREGOR'O
Housing&Community Development • Housing Authority Parks& Recreation WILLIAM J. SCHU`.1ACHER
• Planning • Redevelopment K. JACQUELINE SPEIER
JOHN M.WARD
#' COUNTY TY OF Si�319 M���0 DAUL M. KOENIG
IRECIOR
COUNTY GOVERNMENT CENTER REDWOOD CITY CALIFORNIA 94063 (415) 363-4000, Ext. 1388
I
WRITTEN COMMUNICATION
Meeting 83-19 F
August 10, 1983
August 4, 1983 {
i
Mr. Craig Britton
Land Acquisition Manager
Mid-Peninsula Cpen Space District
375 Distel
Los Altos, CA g=022
Dear Craig:
This 3s to ccn=irm our telephone call of Wednesday, August 3 , 1983.
1 have learned from several members of the Board of Supervisors, as well
as from a member of my staff, that you are contemplating allowing the
Redwood City Fire District to engage in a practice burn on several wood
structures at the Hassler site.
This is to advise you that any demolition by practice burn or any other
means , will require a demolition permit from San Mateo County prior to
the activity taking place.
If you have any questions regarding this matter please do not hesitate
to call me at 363-400, extension 1388.
Sincerely,
l �
Paul M. Koenig, Director
Environmental Management
PMK:ub
cc: Members - Board of Supervisors
WRITTEN COMMUNICATION
Meeting 83-19 y�
August 10, 1983 ;� :X A.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
HASSLER MEETING NOTICE
Wednesday 375 Distel Circle, D-1
July 27, 1983 Los Altos, California
7 : 30 P.M. (415) 965-4717
On July 27 the Board of Directors of the Midpeninsula Regional Open Space
District will be considering a proposal from the San Mateo County Arts
Council to retain several of the buildings on the former Hassler Health
Home property for an arts center.
Your written opinions prior to the meeting or your comments at the meeting
on using the buildings for this purpose are welcomed.
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Paul San Filipo
' PO Box 244
San Carlos, CA 94070
Herbert A.Grench.Genera!Manager Board of Directors:Katherine Duffy.Barbara Green.Nonette G.Hank ndin
OPEN SPACEFOR
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Paul San Filipo
P.O. Box 244
San Carlos, CA 9=070
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M-83-88
(Meeting 83-19
&4** August 10 , 1983
0 MW
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 1, 1983
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
SUBJECT: Land Acquisition Public Notification Procedures
Discussion: At your meeting of June 22 , 1983 , you postponed
discussion of this item to a future Board meeting. A copy of
the previously distributed June 15 staff report is attached for
your consideration.
Recommendation: As stated in memorandum M-83-72, I do not
recommend any change in the current Public Notification Policies
for land acquisition for the reasons included in that memorandum.
r
M-83-72
.f L (Meeting 83-16
June 22 , 1983)
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
June 15, 1983
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
SUBJECT: Land Acquisition Public Notification Procedures
Background: At your meeting of May 11, 1983 in connection with discussion
related to the acquisition of the former Fernandez property, Director
Turner requested the President place an item on a future agenda to dis-
cuss public notification procedures. Director Turner's specific request
was to address the notification of owners of contiguous land to property
being considered for acquisition by the District. The section of your
Public Notification Policies , adopted August 26 , 1981, relating to land
acquisition notification is attached for reference. In addition, a June
2 , 1983 letter from Harry Haeussler is attached.
Discussion: At the time you adopted the current Public Notification
Policies, the question of notification of adjacent property owners in the
case of an acquisition was discussed, but a motion made by Director Hanko
to include an Item (f) of the Land Acquisition section to state "Notifi-
cation of owners of contiguous property" died for lack of a second.
As in the past, staff does not recommend any change in public notification
procedures for land acquisitions. By nature, transactions to purchase
land can be considered fragile and vulnerable until the point the seller
and the buyer, in this case the District, have consummated a transaction.
At the time agenda notices are mailed the Friday prior to a Wednesday
meeting, staff, although they are recommending an acquisition for your
approval, may not have been able to secure final executed agreements from
the seller. A case in point is the purchase of the former Skyline Ranch
property where fully executed documents for this very complicated trans-
action were secured just prior to the meeting at which you considered. the
transaction.
in addition, staff feels that a seller' s rights must be protected even
though the land is being sold to. a public agency. If a person were selling
his land to another private individual, it would be the seller's choice
to inform his neighbors of the possible change in ownership. Because two
involved--land and money--the District
potentially volatile i r invo e
sues are P Y Y
could face possible controversy if adjacent property owners were notified
at the District's discretion, rather than the seller' s discretion, of a
potential District acquisition. Examples of cases where potential land
deals were complicated b outside parties who were made aware of an acqui-
sition Y P q
sition include the Washington Realty deal and the purchase of the former
Wilkins property. Even the loss of one such acquisition could create a
gap in our green belt and trails goals , and possibly lease an undesirable
inholding.
M-83-72 Page Two
Staff feels strongly that a delineation must be made between notifying
adjacent property owners of a proposed acquisition versus notification
of adjacent property owners for land use planning matters. Your current
policies call for owners of contiguous property who have requested
notification regarding a particular site to be notified of upcoming land
use planning agenda items. In addition, , all interim use and management
plans included in acquisition reports have two public meeting readings
in order to allow for public input.
Recommendation: I do not recommend any change in the current Public
Notification Policies for land acquisitions for the reasons included in
this report.
If however, a majority of the Board feels some type of notification of
adjacent property owners is absolutely necessary, I recommend the Board
include the following statement in the Land Acquisition section:
f) Agenda Notice* - mailed to homeowner occupants of
improved, adjacent property as long as signed options
have been secured from the seller of the property.***
The single asterisk refers to the notation regarding mailing currently
in the policy and the three astericks would refer to the following
statement:
The General Manager shall have authority to withhold
the mailing of agenda notifications to homeowner
occupants of improved, adjacent property who do not
subscribe to agendas if it is determined the notifi-
cation would be detrimental to the acquisition project.
m..'" k
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Public Notification Policies
. Adopted By
Board of Directors
August 26, 1981
1. Land Acquisition
a) Notification of owner or representative (method as deemed appro-
priate by staff for particular negotiation) .
b) Agenda Notice* - mailed to press, and persons and organizations**
that subscribe to agendas ($5 per year 1981) .,
c) In some cases, press releases are also sent in advance of meeting,
as deemed appropriate by staff (or ordered by Board) .
d) Posting of notice on District office door prior to meeting.
e) Notification* to Clerk of a city, or county if no city, within
whose jurisdiction the land is located.
*Notice: Mailing by 5:30 P.M. five days in advance of a meeting
(Friday before a Wednesday meeting) , but shorter notice for a
Special Meeting is allowed as provided by law and the District' s
Rules of Procedure. The Board shall note in 'the minutes of the
Special Meeting the reason shorter notice was required.
**Staff to contact known neighborhood associations annually to ad-
vise that they can subscribe to District' s agendas for an estab-
lished fee.
NOTE: The provision for the giving of notice under these procedures
shall be directory only, and the failure to give such notice in
any particular instance shall not affect the validity of action
taken.
WRITTEN COMMUNICP'"ION '-„�
Meeting 83-14
June 8, 1983
Harry H. Haeussler, Jr.
109,E Highland Circle
Los Altos, Calif. 94022
June 2, 1983
Board of Directors
Midpeninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los Altos, CA 94022
At the Board of Directors meeting on Trlay 11, 1983,
during a discussion on acqusition of a property, a
side discussion on "public notification" oceured.
During this "side discussion" Director Duffy made
comments to the effect that when property is sold by'
one indieual to another indivual, there is no notifi-
cation to neighbors, so why should MROSD notify neigh-
bors . of a possible purchase.
There is a differences
1. Where an indivual sells to another indivual,. partner-
ship or corporation, there will be no change in use of
the property without public hearings on the matter before
a public agency. .-
2. Where an indivual sells to MROSD there will be a change
in use of the property - from whatever it currently is to
public recreation. This is a change in useage, and should
be subject to public hearings just as any other change
in useage.
This letter is written for the record, and it is requested
that this letter be submitted for consideration at the
next meeting where Public Notification Policies are dis-
cussed for possible change.
14
Harry Haeussler, Jr.
93-87
eting 83-19
august 10, 1983)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 4 , 1983
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; W. Tannenbaum,
Real Property Representative; A. Watt,
Environmental Analyst
SUBJECT: Proposed Acquisition of Federal Surplus Property at
Mt. Umunhum and Mt. Thayer (Former Almaden Air Force Station)
Introduction: On January 26, 1983, you adopted Resolution 83-2
authorizing the commencement of negotiations for the purchase of the
surplus federal real property formerly called the Almaden Air Force
Station located atop Mt. Umunhum and Mt. Thayer (see memorandum
M-82-12,dated January 22, 1982, report R-82-8, dated January 22
1982, and report R-83-4, dated January 20, 1983) . Since that date
staff has worked with the Disposal Branch of the General Services
Administration (GSA) , Region 9, in order to arrive at mutually
agreeable terms for a negotiated purchase of this surplus property
from the Government. We have also engaged W. S. Chandler Associates
in Washington, D.C. to assist us with GSA and Property Review Board
matters. (The District unsuccessfully applied for a free transfer of the property.)
Report R-82-6 (attached) contained the basic discussions of the
Description of the Site, Current Use and Development, Planning
Considerations, and Potential Use and Management. This report will
focus on the offer to Purchase, changes occurring since that report,
and present interim use and management recommendations.
Discussion: Attached for your review is the "Offer to Purchase Real
Estate and Acceptance" . You will note that the format of the docu-
ment is substantially different from the normal form used by the
District on its Purchase Agreements. The "Offer" is organized
according to the GSA' s requirements . The purchase price has been
discussed with the appropriate agency representatives and we have
reason to believe that the offer will be acceptable. However, a
formal "Notice of Acceptance" must be sent by the GSA to the District
before the purchase can be finalized.
The proposed acquisition would add 48 . 03 acres of fee land plus 53
acres of perpetual road easements and leasehold interests to a
contiguous 745 acre District holding. In addition the road ease-
ments would supply a mostly paved access route to the summits of
Mts. Umunhum and Thayer, thus providing the potential of public
access to the previously inaccessible Mt. Umunhum Area.
M-83-87 Page two
Planning Considerations
Santa Clara County has redesignated Mts. Umunhum and Thayer as
"Other Public Open Lands" rather than "Major Public Facility" ,
in order to make the zoning consistent with the General Plan now
that the Air Force Station has been abandoned. This means if
public use is not possible, the low density residential zoning
prevailing in surrounding private mountain lands shall be initiated
for the property (i.e. , "HS" , limiting potential lot sizes from 20 to
160 acres depending upon a slope density formula) .
Preliminary discussions with County planners indicate this new zoning
would be compatible with low intensity recreational use in the family
housing area. Open space use of the property is in conformity with
the General Plan designation.
Potential Use and Management
The District states on its application to acquire the site that its
general intent is to return the property to a more natural state
compatible with surrounding open space preserves by demolition of
unuseable buildings followed by recontouring and revegetation.
The site could become a trailhead for the extensive network of trails
in the area and would be opened to day use by hikers, equestrians,
and picnickers. A parking area, small visitor center, picnic area.,
and scenic overlook could be established on one of the summits.
Demolition and removal of structures on the ridgeline would restore
the scenic backdrop from the Santa Clara Valley and make the area
more attractive for low-intensity recreational use compatible with
this remote site. Some suggestions for potential uses are outlined
in the "Potential Use and Management" section of attached report R-82-8.
In general, the development of the site, which includes 57 buildings
is so extensive that a Master Plan is needed to guide District use
of this property. Staff proposes to contact planning firms as soon
as possible for proposals on developing a Master Plan. The Plan
would generally consider such subjects as: Access, Uses, Salvagd
Demolition Restoratiori / Development, etc.
A more detailed list of topics that might be included under these
headings is attached as well as a proposed timetable. It is ex-
pected that the development of a Master Plan and completion of the
necessary demolition might take as long as two years from the date
of District acquisition.
Interim Use and Management Recommendations
1 . An RFP for development of a Master Plan should be written to
solicit proposals from planning firms to determine future use
and management of the site. A firm would then be hired to
prepare the Master Plan as soon as the property was acquired.
Since the estimated costs are in excess of $5000, staff would
be returning to you for final approval.
2 . Staff will pursue the possibility of hiring the present caretaker
to oversee the property and maintain the roads. The amount of $35,000 is
included in the Resolution before you for this purpose. This
would include the hiring of a night guard as well to live on site
and assist the caretaker in security and maintenance for the
first year.
3. Preserve boundary and trail signs should be installed where
appropriate. "Area closed" signs should be posted around the
buildings during this interim period. Estimated costs are $300 .
M-83-87 Page three
4 . The upper two gates should remain locked on the main access road
during the interim period of Master Plan development. The feasi-
bility of adding a lower gate on the access road should be re-
searched in order to lessen access by vandals driving to the site.
Staff should work with adjacent property owners on joint road
maintenance and security. Estimated costs for road maintenance
and new gating are $5000.
5. Other existing roads should be maintained for patrol purposes
including the road down Austrian Gulch to maintain the water
system. Estimated costs are $1000.
6. The site should be open to hikers and equestrians who can gain
access up the main road and / or through adjacent private property.
An interim trail route should be developed and signed so visitors
can pass through the property well away from the buildings.
Estimated costs are $200.
7 . The inspection of the family housing area and other buildings by
interested compatible groups should be pursued during the interim
period.
The caretaker costs will be covered through the acquisition process.
Funds for signing can be covered in the current Land Management budget.
Staff will return with recommendations on the road maintenance and
master planning costs at the time of actual acquisition.
Dedication
The property should be withheld from dedication at this time to allow
for the potential transfer of development rights, or the possible
lease of portions of the site for communication facilities or other
uses. The purchase contract precludes selling any of the property
for the first three years after acquisition without returning the
profits to the federal government.
Naming
The site should be named as an addition to the Manzanita Ridge
Open Space Preserve.
Terms
The basis of the offer is a purchase price of $260, 000. Ten percent
(10%) of this amount ($26, 000) would be paid to the Government as an
earnest money deposit which would secure the offer for 120 days after
the GSA has received the "Offer" from the District. It should be noted
that this deposit may, at the Government ' s option, be retained as
liquidated damages if the District elects not to purchase the property
before the end of the 120-day period, but would be refunded if the
transaction is not ratified in Washington.
To accept the District' s Offer to Purchase, the Government would
execute a formal "Acceptance of the United States Government" .
Receipt of this document by the District constitutes a "Notice of
Acceptance" to the District from the Government. Thereafter this
remaining ninety percent (90%) of the total purchase price ($234, 000)
would be paid in cash upon the close of escrow (if such an escrow is
required by the District) which must occur within 30 days of the
District' s receipt of the Government' s "Notice of Acceptance" .
M-83-87 Paae four
Recommendation: I recommend that you adopt the attached Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Authorizing Officer to Execute the Offer to Purchase Real
` Estate and Acceptance Agreement Authorizing Officer to Execute
Certificate of Acceptance of Grant to District and Authorizing
General Manager or the Assistant General Manager to Cause to Give
Appropriate Notice to Offeree and Authorizing General Manager to
Execute Any and All Other Documents Necessary or Appropriate to
the Closing of the Transaction (Almaden Air Force Station -
Mt. Umunhum and Mt. Thayer) .
I also recommend that you tentatively adopt the interim use and
management plan discussed herein, indicate your intention to
withhold this property from dedication., and name the property
as an addition to the Manzanita Ridge Open Space Preserve.
III
I
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING OFFICER TO EXECUTE THE OFFER TO
PURCHASE REAL ESTATE AND ACCEPTANCE AGREE-
MENT AUTHORIZING OFFICER TO EXECUTE CERTIFICATE
OF ACCEPTANCE OF GRANT TO DISTRICT AND
AUTHORIZING GENERAL MANAGER OR THE ASSISTANT
GENERAL MANAGER TO CAUSE TO GIVE APPROPRIATE
NOTICE TO OFFEREE AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS
NECESSARY OR APPROPRIATE TO THE CLOSING OF
THE TRANSACTION (ALMADEN AIR FORCE STATION--
MT. UMUNHUM AND MT. THAYER)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby approve an offer to purchase
real property from the United States of America as contained in the
Offer to Purchase Real Estate and Acceptance agreement, a copy of which
is attached hereto and by reference made a part hereof, and authorizes
the President and appropriate officers to execute said Offer to Purchase
Real Estate and Acceptance agreement on behalf of the District.
Section Two. The President of the Board of Directors or
other aPP P ro iate officer is authorized to execute a Certificate of
Acceptance to any deed (s) granting title to said property.
Section Three. The General Manager or the Assistant General
Manager of the District shall cause to be given appropriate notice to
offeree and forward said Offer to Purchase Real Estate and Acceptance
agreement to the General Services Administration. The General Manager
or Assistant General Manager further is authorized to execute any and
all other documents necessary or appropriate to the transaction.
Section Four. The General Manager of the District is
authorized to expend up to $40,000 to cover the cost of title insurance,
escrow fees, initial care-taking contract and miscellaneous costs
related to this transaction.
i
Section Five. The sum of $260 ,000 is hereby ordered to be
withdrawn from the Midpeninsula Regional Open Space District 1982
Negotiable Promissory Notes Acquisition Fund for this purchase.
R-82-8
(Meeting 82-2
ot
ALI January 27, 1982)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
January 22, 1982
TO: D. Hansen, Land Manager
I
FROM: A. Watt, Environmental Analyst/Writer
SUBJECT: Report on Proposed Acquisition of Surplus Federal
Property on Mt. Umunhum and Mt. Thayer
I
Introduction: The Almaden Air Force Station and Ground Air
Transmitter sites atop Mts. Umunhum and Thayer. were. recently
declared surplus federal property. They are currently available
for disposal pursuant to the provisions of the Federal Property
and Administrative Services Act of 1949 (40 U.S.G. 271 et. seq. )
Disposal may be made to public agencies for public uses, including
park and recreation purposes, at public benefit allowances of
up to 100 percent.
Over the last few years, the District has acquired about 1600
acres of land south of Highway 17 as it has been available, in-
cluding a parcel which almost surrounds the summit of Mt. Umunhum
and another parcel adjacent to the summit of Mt. Thayer, with
the intention of creating in the long term a large wilderness
area close to urban population areas. Because of the well-graded
paved access road and central elevated location, this site
would be an excellent access point and potential .hub for a hiking
and equestrian trail system in the area.
The Santa Clara County Trails Plan recognizes this fact. A
superb vista point and developed picnicking area could eventually
be built there, and study may uncover recreational use potential
for some of the existing structures. There are lovely sweeping
County an
d Monterey Bay over the
views of south Santa Clara Co y Y Y
Sierra Azul from this 3500 foot
peak.
A. Description of the Site
II
1. Size, Location, and Boundaries
The site is identified as Family Housing Area and Main
located
Installation, Almaden Air Force Station, It is 1 o
in an unincorporated area of Santa Clara County within
the Sphere of Influence of the Town of Los Gatos.
i Housing
included: the Family 0
Two separat
e areas ar
e Y g
m U u
, and the
Area and Main Installation atop Umunhum,
Ground Air Transmitter Receiver (GATR) site one mile
R-82-8 Page two
3
to the east on the summit of Mt. Thayer (see attached map) .
Both summits are highly visible from the Santa Clara
{ Valley. The mountain tops are connected by a road
passing through private property. The Manzanita Ridge
Open Space Preserve abuts both areas . The former 142
acre Dieterich Trust property surrounds the Main In-
stallation, while the GATR site is bordered on the
south by the 186 acre former Fairweather property.
The Main Installation, comprising the radar site (31.78
acres) and Ground Air Transmitter Receiver site (11.94
acres) totals 43.72 acres fee land plus the road ease-
ments and leasehold interests . These areas are improved
with 45 buildings typical
ancillary recreational facilities. The largest building,
of a military radar site an �
a five story radar tower, dominates the summit. The
total square footage of all of the buildings is 72,274.
ill
The Family Housing Area consists of 4 .3 acres of fee
land, improved with 12 buildings, 8 of which are housing
structures containing a total of 27 living units with
nits are in excellent read
housing u ,
These ha Y
carports. g
to use condition. If sold (or rented) , housing unit
proceeds would have to be remitted to the Department
of Defense. Both the housing area and the main installation
have related sidewalks, roads , parking, utility systems ,
and some personal property items such as refrigerators
II' and stoves.
2. Topography, Geology and Soils
The highest peaks in the District result from massive
folding of
the earth s surface an the north
east side
of the San Andreas Rift. These folds have been eroded
into three distinct entities - Monte Bello Ridge, Monte
Serena Ridge, and the ridge leading up to Mt. Umunhum.
'4 This region of the Santa Cruz Mountains, known as the
Sierra Azul, is a part of one of the largest undeveloped
areas within District confines. The summits of Mts.
Umunhum and Thayer, at 3486 feet and 3483 feet, respec-
tively, the highest elevations of
tivel would represent g
P
i Y o
t 360District lands . The property offers ama nifscen
view, which on a clear day, can range all the way from
Monterey Bay and the Pacific Ocean to the Sierra Nevada,
The watershed slopes easterly to Guadalupe Creek,
northerly to Rincon Creek, and southerly and westerly
to Lake Elsman via Hooker Gulch and Austrian Gulch.,
Some 3000 acres of watershed lands in the Los Gatos
Creek area, managed by the San Jose Water Works Company,
lie in close proximity to the southwest, The Los Gatos
and Maymen soil type is found on the 50% to 75% slopes.
The ridge top location is underlain by some of the most
stable bedrock in Santa Clara County.
R-82-8
Page three
3. Vegetation and Wildlife
The site itself has been so heavily developed that little
original vegetation remains. However, it lies in the
midst of a near wilderness that has had little disturbance
other than the cutting of occasional trails and roads .
The surrounding ridges are covered with a chamise and
manzanita chaparral community, interspersed with Digger
and Knobcone pines. The lower slopes contain pockets
of bay trees and madrone in moist gullies. These
habitats are attractive to mountain lion, bobcat, fox,
coyote, feral pig, deer, rabbit, raccoon, rattlesnake,
and numerous species of birds.
B. Current Use and Development
The area is no longer in use as a radar facility and is
currently occupied by caretakers who live in the Family
Housing Area. The GATR site has been temporarily leased
to two private parties for communications purposes, and
currently contains communications and weather equipment.
The site has been improved with 57 buildings as described
in Section Al, but most of the contents of the buildings
have been removed. Environmental Health services inspected
the sewage disposal system in November, 1981, and concluded
that the present disposal system is adequate to serve a
population of 225 persons. A water system serving the
site has been established by pumping water from natural
springs at the head of Austrian Gulch.
Road Access
Mt. Umunhum is located approximately 14 miles south of the
City of San Jose. The most direct access from downtown
San Jose to the site is through the New Almaden area, south
on Almaden Road one mile, west on Hicks Road for one and
one-half miles , then southwest five miles up Mt. Umunhum
Road, a paved, private two-lane road. Driving time is
about half an hour from either downtown Los Gatos or down-
town San Jose. Mt. Umunhum Road from Hicks Road to the
summit has been resurfaced approximately every seven years
by the Air Force. The road is presently in excellent
condition, and the last resurfacing was completed two
years ago. However, the road is not currently within the
County maintained road system, and will be maintained by
the Station caretaker until disposal of the property is
completed. Maintenance will then become the responsibility
of the new owner, short of ah accepted road dedication by
the County or a road maintenance agreement with the adjoining
owners.
There are three gates on the road: at the Hicks Road junction,
on the ridge about a mile from the station, and at the
entrance to the station. The two upper gates are currently
locked. A dirt road, Loma Ridge Road, joins the Mt. Umunhum
Road on the ridge , and runs south towards Loma Prieta,
R-82-8 Page four
providing access to several private homes. Ownership of
the property includes perpetual easements upon the Mt.
Umunhum road.
Mt. Umunhum Road passes through the center of the Main
Installation and branches up to the radar site and down
to the Family Housing Area. A third branch leaves the
west side of the property and connects with the sewage
disposal ponds below the housing area and with the station's
pump house and water supply in Austrian Gulch. This road
is graveled and passable by ordinary vehicles as far down
_~ - as the pump house. San Jose Water Works has granted ease-
ments on this road. A trail continues on down through
Austrian Gulch to Lake Elsman, where it joins the road
from Wright' s Station (along the Los Gatos Creek Corridor) .
At the western boundary of the station, the main Mt. Umunhum
road crosses private property and continues on up to the
summit of Mt. Thayer, passing through Manzanita Ridge Open
Space Preserve (former Fairweather property) , en route.
There are restrictive easements on this section (terminating
in 1985) . It will be necessary to renew these easements .
Alternate access is possible via Soda Springs Road, which
approaches the property from Lexington Reservoir and joins
Mt. Umunhum Road at Mt. Thayer. Clearly, ownership of
the GATR area would improve our ability to negotiate
long term access to the Fairweather property, and secure
legal access from Soda Springs Road. Ownership. of the
GATR area on Mt. Thayer would thus insure access to this
portion of the preserve as well as provide a convenient
parking area at a major trail intersection.
C. Planning Considerations
Mt
previ
ously designated
nt land use ma r
The Santa Clara County P P Y
Umunhum as a major public facility" in order to accomodate the
l�. y
Federal Government's Air Force facility. However, it was not
r development in
General Plan to allow ma p
the intention of the Ge major
scenic and ecologically fragile mountain areas such as this.
Protection of areas of natural diversity and beauty is one of
the goals of the Santa Clara County General Plan. For example,
Policy 3 in the Scenic Resource section states, "No road or
major facility requiring large scale clearance of vegetation,
such as telecommunications equipment, should be located in areas
where it would create visible scars on the landscape, and all
cleared areas should be replanted to control erosion. " Policy 1
in the Wildlife Habitat section suggests that "Areas rich in
wildlife or of a fragile ecological nature shall receive special
attention for preservation as open space. " Additionally, dense
urban development, such as that in the Family Housing Area, is
permitted only in urban service areas , which do not encompass
Mt. Umunhum. The Land Use Plan states that "Mountainous lands
unplanned or unsuited for city development shall be preserved
in an open condition with uses which support and enhance a rural
character—Development shall be limited to avoid augmented need for
public services and facilities. "
R-8 2-8 Page five
According to a County planner, neither the Air Force structures
on the ridgeline or in the housing area would be allowed under
the current plan. For these reasons, the acquisition of this pro-
perty by the District for open space use would be in conformity
with the Santa Clara County General Plan.
D. Relationship to Existing and Proposed Trails
In April 1974 , the Board of Directors pf the Midpeninsula. Regional
Open Space District established the Trails Task Force, a citizen's
advisory committee that was asked to submit a proposal for a
District-wide regional trails system. The proposal described
general corridors of significance to District residents where
it seemed feasible to develop hiking and riding trails. Their
recommendations, which included three trails in the Umunhum area,
were later incorporated into the County Trails and Pathways Master
Plan, and were influential in the District's decision to acquire
property in the area.
The Trails and Pathways Master Plan for Santa Clara County, dated
May, 1978, shows a trail system in a series of loops connecting
Lexington Reservoir with Mt. Umunhum, Mt. Thayer, and Mt. El
Sombroso. This trail system combines jeep and service roads
with existing older road alignments. The system is relatively
intact and is currently used year round by equestridns from the
Almaden and Summit Road areas. The recent County regional parks ,
trails and scenic highways map of October, 1981 shows this same
trail system as proposed major trail corridors.
Several major trails cross the GATR site on Mt. Thayer (see
attached map) , making it an especially critical area for park
and open space purposes. It could provide a central parking
area serving trail loops of varying length and difficulty.
The Priest Rock Trail comes up Limekiln Canyon through District
lands and follows the ridge to El Sombroso Mountain. From
El Sombroso one can descend northeast to the Guadalupe/Almaden
area, or one can follow the crest southward to Mt. Thayer on
the Moonmelon Trail.
The Soda Springs Road Trail starts at Lexington Reservoit, climbs
the hills above Soda Springs Canyon, and eventually approaches
Mt. Thayer from the west, where it connects with the Mt. Umunhum
Road at the Mount Thayer GATR site.
The Germantown Trail follows the graveled road and trail from mt.
Umunhum down Austrian Gulch to Lake Elsman and Wrights Station
on Los Gatos Creek. An alternate route to Wrights Station leaves
the Mt. Umunhum Road southeast of Mt. Thayer, and descends a
ridge through the Manzanita Ridge Open Space Preserve (former
Fairweather property) . At lower elevation the trail branches,
offering a choice of four routes to Wrights Station.
T R-82-8 Page six
A related trail begins at the Main Mt. Umunhum Installation,
near the water tanks. It ascends a ridge into the Manzanita
Ridge Open Space Preserve (former Dieterich property) , and
follows g . P the ridge south par
alleling the Mt. Umunhum Road. This
1 has especially fine views to the east south and west.
i trail p y ,
Leaving the Mt. Umunhum Road before it begins its descent, one
can follow the dirt Loma Ridge Road south along the ridge to
Loma Prieta (3791 feet) , connect with Summit Road, and continue
south to Mt. Madonna County Park.
Thus, using this trail system, one could hike or ride all the
way from Lexington Reservoir to Mt. Madonna , following the
-crest of the Sierra Azul range.
Present Use of Trails in the Area
This area is relatively unknown to County residents at present,
due to the restricted passage on Mt. Umunhum Road, the presence
of the Air Force Facilities on the summits of Umunhum and Thayer,
and Water District prohibiting signs in the Lake Elsman area.
However, those who know the area attest to its beauty where trails
pass through a diversity of habitats, from cool, shaded canyons to
rugged summit rock outcrops. The routes along the ridges with
their sweeping panoramic views are especially attractive. The
region is also rich in historical lore from the mining days. The
Trails and Pathways subcommittee members are very enthusiastic
about this entire area and its potential for camping or hostels .
.A- letter dated December_ 17 , . 1981, to the "Santa Clara County
Planning Commission, makes specific recommendations about trail
routes, pointing out that the trails already exist and are ready
to be used.
Some roads are now utilized by horsemen's groups from the
Almaden and Summit Road areas. The 20 mile loop route from
Wright' s up- Austrian Gulch, across Thayer and back to Wright 's
via Manzanita Ridge Open Space Preserve is popular with endurance
riders. This route is largely on a south-facing slope, with
well drained soil which dries out quickly after rains, and so
is useable most of the year.
Hikers also use these trails for hikes of varied length, from an
afternoon's walk to a several day backpack trip. There is a Boy
Scout campsite at Germantown. The presence of three excellent
year round springs insures a continual water supply. Approach
trails are steep and rugged, but hikes originating from a parking
area on Mt. Umunhum or Thayer would be more readily accessible.
R-82-8 Page seven
C
E. Potential Use and Management
The developed area is so extensive that if acquisition were
completed, staff proposes to have a study made of potential
uses for some of the buildings, as well as a detailed investi-
gation of demolition methods and costs. It might be possible
to auction building materials and fixtures, or perhaps sell
some of the small buildings intact rather than demolishing
them. Several of the buildings have already been removed
by the California Conservation Corps, and their assistance
would also be sought.
The summits of Umunhum and Thayer, representing the second
and third highest points in the Santa Cruz Mountains, are
highly visible scenic backdrops. Restoration and protection
of this scenic ridgetop should be considered a high priority
use of the property.
The GATR site on Mt. Thayer needs the least amount of work
to make it usable for District purposes. The Comm. Trans/
Receiver Station could be demolished, or alternately used as
an interpretive center providing displays and information
for self-guided tours describing trail loops and significant
ecological features of the area. The parking lot could be
reduced in size, and converted to a summit picnic area and
trailhead. Existing poles and communications structures
could be removed, and picnic facilities and water could
be installed. The area could then be replanted with native
trees, such as Digger and Knobcone pines, to create shade
and wind shelter around the picnic tables, and to soften
the barren industrial look of the area.
The upper area of the Main Installation on the summit of
Mt. Umunhum would also be suitable for use as a summit
scenic overlook and parking area. It offers the finest
views and even has a small observation tower. However,
this area contains substantial industrial-type buildings ,
such as the- five story radar tower, which appear to be
unsuitable for recreation purposes, yet would be costly
to demolish.
The Cantonment Area would be a good location for a visitor
center. Its central protected location near the intersection
of the access road and the Thayer and Umunhum summit roads
make it a natural central point for receiving and directing
visitors to other parts of the site. It also provides
access to the ridge trail through the Manzanita Ridge
Open Space Preserve (former Dieterich property) .
R-82-8 Page eight
The Family Housing Area with its associated buildings
represents the most attractive portion of the site to
lease to a group for more intensive use. Some uses which
could be compatible with the adjacent open space include :
1. Environmental Study Center for educational/environmental
study programs, such as:
_ - _- a. chaparral studies - location in center of a magnifi-
cent undisturbed chaparral community makes this
site ideal for this use.
b. geological studies - nearby area is rich in quick-
silver mines;
c _alternative energy source studies - wind-powered
generators, solar collectors;
d. astronomy studies - isolated high location ideal
amateur star observation site.
2. School Science Camp - suitable for year round use by
school groups to study the above subjects .
3. Universitv Research Center - vegetation and wildlife,
energy and weather studies.
4 . Training Program Site - park ranger training, management
supervision courses.
5. Conference Center - retreat, business seminars, "think tank" .
F. Use and Management Recommendations
1. The upper two gates should remain locked during the
interim period of staff study of demolition and potential
building use.
2. The present caretakers should be hired to oversee the
property and maintain the roads.
3. Preserve boundary and trail signs should be installed
where appropriate.
4 . The existing roads should be maintained by the caretakers
for patrol purposes, including the road down Austrian
Gulch to the water supply.
5. The site should be open to hikers and equestrians who can
gain access from adjacent private property and the Mt.
Umunhum road.
j `-."'�`- f��'- _ ,` i �'� . • �I S z rr: MAP (USGS) f
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OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE
1. Subject Property.
The Midpeninsula Regional Open Space District, a public district created
under and by virtue of the laws of the State of California (Public Resources
Code commencing with Section 5500, et. seq.) and duly authorized to
transact business and exercise its power pursuant to law ("Purchaser") ,
hereby offers to purchase from the United States of America, acting
by and through the Administrator of General Services ("Seller") , the
surplus property formerly known as Almaden Air Force Station, County
of Santa Clara, State of California (GSA Control No. 9 D-CA-1122-A/B) ,
consisting of 43.02 fee acres and 51.92 acres in lesser interests, more
or less, with all i=provements thereon, on an "as is, where is" basis,
al? as more particularly described in the attached Exhibit A. This
document, with £xb-ibits A-D, shall be referred to hereinafter as the
"Offer to Purchase."
2. Terms of Purchase and Sale.
2.1 Purchase Price. The total price of the property is TWO HUNDRED
SIXTY THOUSAND DOLLARS ($260,000) payable as follows:
2.1.1. TWENTY-SIX THOUSAND DOLLARS ($26,000) remitted as an
earnest money deposit in the form of a certified check,
cashier's check, postal money order, or irrevocable
letter of credit acceptable to Seller.
2.1.2. TWO HUNDRED THIRTY-FOUR DOLLARS ($234,000) upon closing
pursuant to subsection 2.4.
2.2 Title Document. Upon closing, conveyance of the Seller's interest
shall be made by Quitclaim Deed, providing the following:
2.2.1. The title of the property will be conveyed subject to all
easements, liens, conditions, restrictions, licenses, and
claims existing or of record on the date of Purchaser's execution
of the Offer to Purchase.
2.2.2. Purchaser may inspect such title documents or other title
papers, maps, or plats, as are in Seller's custody covering
the property, but Seller will not be obligated to furnish
any later title report, title insurance, or to pay any title
expense, escrow fee, or other charge pertaining to this transaction.
2.2.3. From the date of receipt of this Offer to Purchase, Seller
shall not create; nor permit to be created, any lien, encumbrance,
restrictions, or easement, against theproperty of any type
or kind, except as may be approved by Purchaser.
2.3 Acceptance. This Offer to Purchase shall be firm and continuing
for a period of One Hundred Twenty (120) days from the date of its
receipt by Seller in accordance with paragraph 3 of GSA Form 2041
(Exhibit B). To accept the Offer to Purchase, Seller shall execute
section 5 of this document entitled "Acceptance of the United States
Government", and return one original of the executed contract to
the Purchaser. Receipt by Purchaser of the executed contract shall
constitute "Notice of Acceptance".
2.3.1. -If this offer is withdrawn by Purchaser before expiration
.of the One Hundred Twenty (120) day period or such longer
period as may be mutually agreed upon during which it remains
a continuing offer, and prior to notice of Acceptance, the
earnest money deposited by Purchaser may, at Seller's option,
be retai. ed by Seller as liquidated damages, in which event
Purchaser shall be relieved of all further liability to Seller.
2.3.2. If Seller does not accept this Offer to Purchase within One
Hundred Twenty (120) days of receipt by Seller, or such longer
period as may be mutually agreed upon, the earnest money
deposit shall be promptly returned to Purchaser without interest
and with—t further liability on the part of either party
to the otaer.
2.4 Closing. Within a reasonable time and not later than thirty (30)
days from the Purchaser's receipt of the Notice of Acceptance, closing
of the transaction contemplated hereby shall either (1) be held
in the Office of Regional Counsel, General Services Administration,
San Francisco, California, with delivery by Purchaser of the balance
of purchase price, TWO HUNDRED THIRTY-FOUR THOUSAND DOLLARS ($234,000)
and delivery of executed title documents to Purchaser by Seller
to constitute closing, or (2) delivery of the above sums and documents
by the respective parties shall be made to an escrow firm selected
by Purchaser, and acceptable to Seller, with all expenses for said
escrow to be paid by Purchaser.
3. Conditions.
3. 1 GSA Form 2041, "General Terms Applicable to Negotiated Sales", is
incorporated into this Offer to Purchase (Exhibit B). However,
terms and conditions set forth within the body of this Offer to
Purchase take precedence and control over similar or conflicting
provisions of GSA Form 2041.
3.2 As provided in 41 C.F.R. subsection 101-47.307-2(b), the non-discrimination
covenant (Exhibit C) provided in that section shall be incorporated
in the language of the Deed.
3.3 If this Offer to Purchase is accepted and: W Seller fails for
anv reason to perform its obligations as set forth herein; or (ii)
title to the property does not transfer and vest in the Purchaser
for reasons outside the Purchaser's control, Seller shall promptly
refund to the Purchaser all amountspaid by Purchaser without interest,
whereupon Seller shall have no further liability to Purchaser.
3.4 Excess Profits Clause. The Excess Profits Clause (Exhibit D) is
incorporated into this Offer to Purchase and shall be incorporated
in the Deed.
3.5 Resolution. There shall be attached to the Offer to Purchase a
resolution that will show the official character and the acquisition
authority of the Purchaser, and the approval for funding for the
amount of the purchase price. Each resolution shall be duly certified
under the corporate seal of the Purchaser to be a true copy.
3.6 Inspection. The Purchaser is urged, invited, and warned to inspect
the property physically as to condition, description, quality, quantity,
and exact location prior to submitting an offer. In no case will
failure to inspect constitute grounds for a claim or for withdrawal
of the Offer to Purchase after its acceptance.
4. Authority to Purchase.
Attached is a certified copy of the resolution of the Midpeninsula Regional
Open Space District authorizing purchase of the property under the terms
of this Offer to Purchase.
Midpeninsula Regional Open
Space District
Date:
CERTIFICATION OF AUTHORIZATION OF PURCHASER
I, , certify that I am the
of the Midpeninsula Regional Open Space District, the
political subdivision named as Purchaser herein; that
signed for the Purchaser; that said Offer to Purchase was duly signed for
and on behalf of said Purchaser by authority of its governing body an is
within the scope of its powers.
GENERAL TERMS APPLICABLE TO NEGOTIATED SALES
(Surplus Real Property)
1. CONDITION OF PROPERTY. The property is offered "As tract created by such acceptance, the deposit. tui vthcr with
Is" and "%%1wr.r L," without represrntatu)n. warranty. or guar- any payments subsequently made on account may bo fortevte•d
.env as to quantity, quality, character, condition, size, or at the option of the Government, in which event the offeror
kind, or that the sane, is in condition or fit to be used for the shall be relieved from further liability. or without foriviting
purpose for which intended, and no claim for any allowance or the said deposit ar,l payments. the Government may avail it-
deduction upon such grounds will be considered, self of any legal or equitable rights which it may have under
the offer or contract.
2. EARNEST MONEY DEPOSIT. The offer must be accom-
p.oued by .in earnest money deposit in such an amount and in S. OTHER TERMS APPLICABLE TO A SALE.
such form its may be required by the Government. Upon ac-
ceptonce of the offer, the deposit shall be applied toward pay- a. As of the date of assumption of possession,of the pro-
nient of the offeror's obligation to the Government. In the perty. or the date of conveyance. whichever occurs first.
uvvsit the offer Is rejected. the deposit will be returned, with- the offeror shall assume responsibility for care andhacalling
out interest, as promptly as possible after rejection of the and all risks of loss or damage to the property and h.tve all
offer. obligations and liabilities of ownership.
3. CONTINUING OFFER. The offer shall be deemed to be a b. Any title evidence which may be desired f)v the offeror
fivio and cotitInuingoffer from the date of receipt until accepted will be procured by him at his sole cost and expense. The
toll rejeeied by the Government. provided. however. that after Government will, however, cooperate with the offeror or
90 days have elapsed from the date of receipt. the offeror not his authorized agent in this connection, and will permtt ex-
havinC received notice of rejection may consider his offer aminationand inspectionof suchdeeds. abstracts, aifid.ivit-
rejected. aad if the Government desires to accept the offer of title. judgments in condemnation proceedings. or ntht•r
Auer such 90-day period. the consent of the offeror thereto documents relating to the title of the premises the y)I*0jW3'ty
shall be obtained.- involved, as it may have available. It is understood that
the Government will not be obligated to pay for any expense
4. NOTICE OF ACCEPTANCE OR REJECTION. Notice by incurred in connection with title matters or survey of the
the Government of acceptance or resection of the offer shall property.
be deemed to have been sufficiently given when telegraphed or
mailed to the offeror or his duly authorized representative at c. Upon assumption of possession of the property,or con-
the address indicated in the offer. veyanceof the property, whichever occurs first, the offeror
shall assume responsibility for all general and special real
5. CONTRACT. These General Terms Applicable to Nego- and personal property taxes which may have been or may be
tiated Sales. the offer, and the acceptance thereof, shall con- assessedonthe property, and sums paid, or due to be paid,
stitute an agreement between the offeror and the Government. bytheGovernment in lieuof taxes ,)ursuant to statutory au-
Such agreement shall constitute the whole contract to be suc- thority shall be prorated.
ceeded only by the formal instruments of transfer, unless
modified in writing and signed by both parties. No oralstate- d. In the event An offer to purchase for case is accepted �
ments or rer,resentations made by, or for. or on behali of and possession of the property is assumed by the oileror
either party shall be a part of such contract. Nor shall the prior to the date of conveyance, the offeror shall procure
contract, or any interest therein, be transferred or assigned and maintain insurance at his expense, effective for the—
by the offeror without consent of the Government, and any period from the date of assumption of possession to date of
assignment transaction without such consent shall be void. conveyance, forthebenefit of the Government in soon kinds
and amounts as may be required ¢y the Government, with
6. RESCISSION. companies acceptable to the Government.
e. Conveyance of the property will be accomplished by a
Government may be transmitted to the Attorne a of quitclaim deed or deed without warranty and where appro-
the United States for his advice ether the sale priate a bill of sale, in conformity with local law and
would tend �tocreate or n a situation inconsistent practice.
with the anti he acceptance of the offer by the
Govern rescinded by the Government. in case t.__ta—tha--eu.eat tho offer. to plar-rhase is-atade
terms, financial data, ref erencesand such other inform on
asmaybe requested by the GovernZindedby
niptly
b. An explanatory statement of the circumstances of the furnished by the offeror and the fs shall
proposed disposal will be submitted to the appropriate be applicable.
committees of the Congress because of its negotiated
character and the offer probably will not be accepted by the (1) The Government's accepta topur-
Government until after the proposed disposal has bees.con- chase on Credit terns may be rovern-
sidered by such committees. However, In any event, the ment, in the event of an advc ze finding by the Govern-
Government may rescind its acceptance at any time during ment as to the offeror's f ncial responsibility, with-
the 90-day period following .such acceptance, if it is out liability on the par -O the Government other than to
reasonably determined by the Government that such action= return the earnest ney deposit without interest.
is justified in the light of the circumstances then prevailing. (2) Theofferor 11procure and maintain insurance at
hisexpense ing the term credit is extended effective
C. Any recission, pursuant to n orb, above, will be with as of ih date of assumption of possession of the pro-
perty th
turn the earnest money deposit without interest. e date of conveyance, whichever occurs first,
out liability on the part of the Government other than to re- for he benefit of the Government in such kinds and
7. REVOCATION OF OFFER AND DEFAULT. In the event (3) Contemporaneously with the delivery to the offeror
of revocation of the offer prior to acceptance, or in the event of documents conveying the property purchased, he
of any default by the offeror in the performance of the con- shall execute and deliver to the Government:
GENERAL SERVICES ADMINISTRATION GSA rna 2041 Iei.. I.711
Exhibit
W) A bond nr —ta, in 10CM 2nd S'Lbct�Rr,- 62110� The efferer shall on inuhtall* azz
factory to the Gove g 5 obligation later than 90 days after acceptance of tne offer. or ch
lhsbaLaaceag the and longer period as may be agreed upon in writing. ider to
the Government the balance of the pure price (if a
(b) A purchase money mortgage, vendor's lien and cash sale), or (if a credit sale) the o. r shall pay the
mortgage, or deed of trust, in conformity with the balance of the down payment, and s execute and deliver
acceptance e the offer. or ch
d n I writing_ -der to
p c 0 1
u� n
o t.he p e (if a
f ,pure
price
y the
sale) the f r s 11
and execute and
r, I x c
ty is 10- totheGovernment the instrume described in f(3). above.
practice of the State in which the proper it U s c
cated; the document in any case, however, to be In and furnish evidence of ' rance coverage. Upon such
formand substance satisfactory to the Government, tender Zing made b ' e offeror, the Government shall
deliver
0 or
he of or the instrument. or instruments. of
and in any event to include: deliver to t
conveyance. any event, if possession was assumed by
I t
the offe prior to the date of conveyance, the offeror
I. A restrictionagAinst sale. lease (unless the I
I a I
I Y. on to
property was offered without leasing restric- 8 has y. in addition to the purchase money due. an
tions), or other disposition of the mortgaged th. pgo,iQgg n(
property or any part thereof without prior written h. The offeror shall pay all taxes imposed on this trans-
consent of the Government,• action and shall obtain at his own expense and affix to all
F-equivernent Wr PregAsiens G! instruments of conveyance and security documents such
coverage satisfactory to the Government as revenue and documentary stamps as may be required by
types of risks, amounts, and insurers; Federal and local law. -All instruments of conveyance And
security documents shall be placed on record in the man-
III. A provision that the principal 0 igation ner prescribed by local recording statutes at the offeror's
may be prepaid in full, or in part, any in- expense.
stallment due date, without penalty* 9. OFFICIALS NOT BE BENEFIT. No member of or delegate
iv. A provision that partial manta made in to the Congress, or resident commissioner, shall be admitted
advance of the regular sch ule of payments to any share or part of the contract of sale or to any benefit
shall be applied against the rincipal obligation that may arise therefrom. but this provision shall not be con-
in inverse order of motor
strued to extend to the contract of sale it made with a cor-
poration for its general benefit.
v. Agreement on th part of the mortgagor to allowance ofreasons e attorneys'fees and costs 10. COVENANT AGAINST CONTINGENT FEES. The offeror
nme e v
to the r n the event of foreclosure, warrants that he has not employed or retained any person or
, Go
and to Tdefici cy judgment (where not pro- agency to solicit or secure this contract upon any agreement
hibited by S e law) after foreclosure sale or or understanding for a commission, percentage, brokerage,
exercise of wer of sale in the mortgage;and or contingent fee. Breach of this warranty shall give the
Government the right to annul the contract without liability or
in its discretion to recover trom the otieror the amount of
vi. A equirement to provide financial data such commission, percentage. brokerage. or contingent fee
duri the period of the mortgage as may be re- in addition to the consideration herewith set forth. This war-
qu led by the Government. ranty shall not apply to commissions payable by the offeror
upon the contract secured or made through bona fide estab-
lished commercial agencies maintained bythe offeror for the
(4) terest shall be computed at the rate prescribed purpose of doing business. -Bona fide established commercial
in Zheoffer. Accrued interest shall be paid with each agencies" has been construed to include licensed real estate
brokers engaged in the business generally.
incioal installment.
2
C4A F oA 3U1 Otty. i.711 (SAW
465A-WASN OC 71-6740
r n
EXHIBIT C
41C.F.R. Section 101.47-307.2.(b)
NON-DISCRIMINATION COVENANT
The
Grantee covenants for itself, its heirs, successors, and assigns and
every successor in interest to the property hereby conveyed, or any part
thereof, that the said Grantee and such heirs, successors, and assigns shall
not discriminate upon the basis of race, color, religion, or national origin
in the use, occupancy, sale, or lease of the property, or in their employment
practices conducted thereon. This covenant shall not apply, however, to
the lease or rental of a room or rooms within a family dwelling unit; nor
shall it apply with respect to religion to premises used primarily for religious
purposes. The United States of America shall be deemed a beneficiary of
this covenant without regard to whether it remains the owner of any land
or interest therein in the locality of the property hereby conveyed and
shall have the sole right to enforce this covenant in any court of competent
jurisdiction.
Exhibit C
EXH I B I T' D
EXCESS PROFITS CLAUSE
With respect to the real property described, if at any time within a three-
year period from the date of transfer of title by the Seller, the Purchaser
shall sell or enter into agreement to sell (hereinafter referred to as a
"disposition") in one transaction or series of transactions, it is agreed
that all proceeds received or to be received from such disposition (whether
received during the three-year period or thereafter) in excess of the
Purchaser's costs will be remitted to the Seller.
For purposes of this agreement, the Purchaser's costs shall include, but not
be limited to, expenditures made or incurred by Purchaser on or with respect
to the subject property, or which benefit the subject property, for the
following:
(1) land acquisition
(2) property maintenance and insurance
(3) financing
(4) marketing and promotion
(5) project administration
(6) physical development, including road construction, storm and
sanitary sewer construction, other public facilities or utility
construction, building rehabilitation and demolition, land-
scaping, grading and other site or public improvements, and
(7) planning, design and engineering services; •provided, however,
that the Purchaser' s costs will not include expenditures to the
extent the same are defrayed by Federal Government grants.
In the event that there shall be a disposition within such a three-year period
that consists of less than all of the subject property, in determining whether
the proceeds received at any time from such disposition are in excess of the
Purchaser's costs appropriately allocable to the property which is the subject
disposition, the total Purchaser's costs incurred prior to the receipt of
such proceeds shall , as may be appropriate and -equitable, either be: (a)
specifically allocated between the property which is the subject of the dis-
position and the remainder of the subject property held by the Purchaser, or
M multiplied by a fraction of the numerator of which is the area of the
property which is the subject of the disposition and the denominator of which
is the net developable area of the subject property, and the result allocated
to the property which is the subject of the disposition.
Exhibit D
MT. UMUNHUM PROPOSED MASTER PLAN
OUTLINE OF POSSIBLE TOPICS TO BE COVERED
A. Uses
Determine potential permissible uses of site.
Assess suitability of buildings for proposed uses.
Contact potential users and determine interest in leases or other use.
Identify buildings to be retained.
Determine optimal antenna sites - in terms of low public impact.
List potential antenna site leases.
B. Salvage/Demolition
Assess salvage potential of unnecessary structures by a specialist
experienced in conducting salvage operations.
Determine approximate salvage value of premises and fixtures.
Recommend general salvage plan if the approach has merit.
Analyze alternative methods of demolition, such as a wrecking ball
or dynamite. Also investigate more creative methods , such as allowing
a movie company to demolish buildings for a movie.
Evaluate merits of haul and offsite disposal versus on site (burial)
disposal of debris. Identify on and off site candidate locations for
disposal. Relate alternatives to environmental impacts and a
recontouring/revegetation plan.
Determine utility constraints to demolitioh/disposal, including all
water, gas and electric lines.
Ascertain all government permits required for demolition/haul out,
restoration and use.
Outline mitigation measures applicable to demolition, debris disposal,
site clearing, site preparation, and grading.
Minimize erosion due to these activities--the extent of this depends
on the need for an EIR or Negative Declaration.
C* Restoration/Development
Design recontouring/revegetation plan for site. Include decisions on
removal or retention of existing on-site exotic vegetation.
Prepare trail plan for site, including connections with adjacent
open space preserves.
Plan visitor facilities , including parking and picnicking sites,
water supplies, rest rooms , future interpretive center
Determine potential sources of funding for restoration and development
of site.
D. Access
Research frequency of impassable conditions (snow, slides, etc. )
and frequency and cost of road repair.
Investigate possible arrangements for maintenance of five (5) mile
Mt. Umunhum Road.
Detail ownership and responsibilities.
Meet with owners to discuss formation of assessment district or road
maintenance agreement.
Study and estimate cost of improvements needed to bring road up to
County road standards.
Report on condition of Lake Elsman (water supply) road and its
maintenance needs and costs.
Investigate access via road from Soda Springs.
YAP
1 .......
SEWAGE SPRAT FIELD
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'•�'.••"•;.,"' .' ••' •��� '. y - MINIMUM EXISTING PERMANENT
- -•• .'[•
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-'�..•'• i• ,` ,104A . . ,—� •�! ST ORAGE.HEAT WG EUEI ROADS AND PARKING I-.1
-•,r �� Arp STORAGE.MOGAS `'J
[ O' •'Dl '. ��- A M 21 vECLE FUELING lTAl10M [ -- EXISTING TO BE A.NDONEO M
JBI FLAG GOLF' W
»! CARPORT F--I
WESD! FIRE HOSE MOUSE SOUNDARMS% E•y
:02 RAG_'+-"•AFR•PS TA 510-5I' FAMILY MOUSING EXISTING PRW[RTf LINE W
/r--- — .• �20l -- -P-F► EK STING FENCE H
Ir .27 ,y •; 10! HE.�PiD A00 WATER PUMP STATION
.., ; - t0A HE,-A
E.PAINT.DOPE H
I ,'.>tl••, ,�r.•- E RD OS. Pn TECTIVE SHEITFR 001 WATER STORAGE TANK NATUR1l PLATYR[!
1R •_• ''!+ „ E. r70 - ACC [02 DAM -!'S•--. INDEX CONTOUR
I SOSA 1 SASB ,' !2 22l,` _.R+ b5 WIID IFEASUIIINO S[T AOT "tell PUMP STATION
600A DAM Q EXISTING TREE COVER W
I, •�� .->'f _ _-MM /•� b5 RADAR TOWERMPS IA
[..-_.� ._. 23A .___.._- r b0 DE WAREHOUSE
600E DAM
,,'�'•• �Np 1 �-' :12 ILFCTRK POWER STATOR
- I1A STORASC.MINT R DOPE 700 COMM TRANS/RECEIVER
• 23! •- �f f. 71. STOII AGE,HEATING FUEL OIL
2 II! Of(FIRE)STORAGE
DOPE
TRtATM[SET:` ` ••f fI 1 1.7A/S STORAGE.DIEXL 712 SEWAGE SEPTIC TANK '
• 713 'HATER STORAGE TASK
4 ',b, I e d[SIL FUEL
hRl►STATOR 702 i1RL EO VDMEN7 $TORAG[
�. .12 STATION SurN.uRT 564A WOE STORAGE TAM[
"A I" CR'IL ENG64
IN•i30 FINF HC., IIOVSE 61015 WATER STORAGE TANK
•• -Sit
r -[ Aa IA! X"Of Sr TAN.
• r*MIlr,MOUSINo,.. v rrn LATER►[9FP STATOR
/ '•. R a7 '., -. ,•[ , t0! BOO
- '-- - ' t0s FIRE WAR Hour
•'::'' we .. - J t07 KADOUMtERS.SOVAd[DR
'•i.•'•• III AUTO MAINTENANCE SHOP
-c`-Y r 212 NCJ OP[N MESS
.,. `.- J•�, 213 DISPENSARY
6yX !.• 11 215 FINE-05E.0USE
� tI/ SOWLIIG ALLEY
.y 223 LOS WARE-OUSE
lyt-•• ~ 226� FIRE MCst WA.SE 230 COMMISSARY
23t FIRE NOSE HOUSE • r•w MVr••L br•I�ro IPGArt
LAY N•M \ 233 CMAKL RFV 1'iTE DESCRIPTID, -TIAL
!3• FINE NDlE•bVX
yiAN . • ►LAN REVISA04S
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0 REEREATION SERVICES 57-RAGE DEPARTMENT OF — AIR FORCE
275 SWIMMING POOL w..n r a�....•..r..••r... .-•..—,-.
-1 216 BATH HOUSE �.r AEROSPACE DEFENSE COMMAND
•`
F q
q� .� •4 fll� /SON SDOA SEWAGE OXIDATION POND
•}` FU F�Pr�•.•1• 3009 SEWAGE OXIDATION POND COMPREHENSIVE PLAN
300C SEWAGE TREATVLNT ALDG BASE PLAN
' • 300D SEWAGE CHLORINATION TAN.
AIMADEN AmIORCE STATION
300[ XWAGE P,nIP sruXNN -
NNPn. •001 303 _TORAGE,INSECTICIDE CAI'XOR41A
310 St WAGE X►TIC TAN[ [cLL1 •e.[I IAW u 1.Po
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601M ASGP/DFE,I• •.It[T W r
1 ,
Tentative Timetable
Property
Conveyed to Year Year Year
Present District 1 2 3
Phase I
1 . Master Plan
a. Prepare request for proposal -
b. Solicit proposals Elio
-
select consultant
C. SalvagEJ / Demo plan
d. Use plan
e. Restoratiori / Development Plan
2 . Road access study / signing
3 . Permit applications (demolition)
4 . Grant applications (restoration)
Phase II
1 . Salvage
2 . Demolition
3 . Debris removal & recontouring
4 . Revegetation (seasonal)
Phase III
1 . Picnic ared / Visitor center
a. Planning
b. Grant application
C . Construction
2 . Sign and improve trails
3 . Implement use agreements
4 . Open site to public (hikers and
equestrians until road access completed. )
M-83-90
(Meeting 83-19
August 10, 1983)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 1, 1983
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert,
Associate Open Space Planner
SUBJECT: Final Adoption of Saratoga Gap Open Space Preserve
Use and Management Plan
Discussion: At your meeting of July 27,E 1983 you tentatively
adopted the Saratoga Gap use and management plan (see report
R-83-31, dated July 19 1983) . In addition, you indicated your
intention to dedicate the 80 acre former Gunetti-Larrus parcel.
Final adoption of the use and management plan and dedication of
the former Gunetti-Larrus parcel were delayed until your August 10
meeting to allow for public comment.
To date, staff has received no public comment.
Recommendation: I recommend you adopt the use and management
plan for Saratoga Gap Open Space Preserve and dedicate the
former Gunetti-Larrus parcel as contained in report R-83-31 .
M-83-92
(Meeting 83-19
August 10, 1983)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 5, 1983
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
PREPARED BY: D. Hansen, Land Manager
SUBJECT: Request to Complete Fire Protection System - Hassler Health Home
Property
Background: When MROSD acquired the former Hassler Health Home site from
the City and County of San Francisco, a $40, 000 contract to repair and re-
charge the fire hydrant and water distribution system was under way for
fire protection purposes. Two phases of the three-phased contract to
comply with requirements of the California Department of Forestry had been
completed by J.X.C. Electric, and only the $12,950 third phase to isolate
the hydrants from the building water system and prepare them for actual
use remained to be completed. Staff is now requesting that this third
phase be modified and completed before demolition commences so that ade-
quate water supply will be available for fire protection of the site
during and after demolition.
Discussion: While the primary reason for the requirement to upgrade the
fire protection system had been to protect the buildings and site from
the high fire danger prevalent while vandalism was rampant, the nature
of the site with dense chapparal vegetation, adjacent residential de-
velopment and steep canyon walls makes wildfire prevention an overriding
concern for the District even with the former hospital buildings removed.
The revised Phase III project would entail eliminating the above-ground
transformers and rewiring (underground) the electrical system and iso-
lating pp water the upper t tank by the freeway overlook from the system
so that it can be removed from the site by the demolition contractor.
In addition pumps will be removed at the second tank and a P
loo of
P P
hydrants approximately 300 ' apart will be upgraded along the middle
ridge of the property (see plan attached) . This system will also aid
in dust control and fire protection during the actual demolition process
as well as aid the local fire departments with their training programs
on site if approved by you. The long term potential for water availa-
bility for any recreational development in the future is also insured.
The funds for this project would come from the Land Acquisition Site
Preparation budget category.
Recommendation: I recommend that you authorize staff to contract for
a revised Phase III of the fire protection plan on the former Hassler
Health Home property for a sum not to exceed $15 ,000, and that you re-
quest that staff pursue any agreements with the City and County of San
Francisco to help implement the system where adjacent City land or
facilities are involved.
HASSLER FIRE PROTECTION SYSTEM
CalTrars
Overlook /
Property •��• Upper Tank
Line (to be removed)
ow
North t
(No Scale) •'
OLower Tank
❑ (to remain)
80,000 gallon capacity
/ n hours fire fighting potential ;}*
Roa •
•
oo •
Buildings ............ Water lines to be cut
r 14ater lines and
WIND �♦ • hydrants to remain
�`` •
0 Power Source
I
o Pr le
•
Prcperty Line
r r r r r r r r r r r r■■-S_r_,_ill LL Ili 0 r r 1 11 IN a a A K
83-91
Meeting 83-19
vh, August 10, 1983)
141,61
161M 0 45M
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 4, 1983
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; A. Watt,
Environmental Analyst
SUBJECT: Request by Local Fire Departments to Utilize
Hassler Buildings for Training Exercises
Background: The Redwood City Fire Department has requested, in
conjunction with several local fire departments permission to
utilize some of the former Hassler Health Home buildings for
training exercises in exchange for the partial demolition of the
structures so utilized. The other departments involved include the
California Division of Forestry, which has primary fire protection
jurisdiction over the property.
Discussion: The buildings or building areas in which the fire
departments are interested are marked on the attached plan. Of
primary interest are the two nurses ' dormitories at the eastern end
of the complex. These buildings have many small rooms on 2� floors
which offer entry and fire suppression training similar to many
common apartment or commercial buildings in the area. The doctor ' s
residence and duplex offer the opportunity for earthquake training.
The wooden garage has warehouse type space for fire suppression
training for an industrial situation and the elevators in the main
building complex offer rescue and suppression training opportunities
as well. Mr. Al Becketti, the training officer for the Redwood City
Fire Department, is in charge of organizing the operation and has
been made aware of the intent to demolish the buildings before the
end of the calendar year.
Safety and Other Precautions
The California Division of Forestry is proposing that some of the
grass and brush surrounding the buildings be removed to a depth of
at least 30 feet to prevent any chance of a wildfire starting.
Major trees and shrubs will remain, but the other material would
be removed to aid demolition in any case. C.D.F. will be working
on a plan for protection of the balance of the site with our Ranger
staff before any practice burning has commenced. We have also
insisted that no major flame be generated which creates sparks
that might touch off fires elsewhere on the site.
Staff has asked that the Fire Department inform the local neighborhood
associations and publicize well in advance of the days when burning
will occur. All CEQA and permit requirements will be handled by the
M-83-91 Page two
Redwood City Fire Department as well.
Finally, the fire departments will be doing a certain level of cleanup
and preparation of the buildings themselves, to assure their own
safety and to guarantee that no training fire gets out of control.
This includes having water and fire hoses on hand, cleaning up much
of the broken glass and other debris, boarding up some of the windows,
removing all salvageable materials requested by the District, and
trenching and ventilating the roofs as an added precaution.
CEQA and Other Requirements
The main negative impacts associated with the operation would be
smoke and the potential for starting a wildfire. There are two
hazardous substances present in some of the buildings: asbestos
and PCBs. These will be removed through the regular demolition
process before any burning takes place. The presence of the fire
fighters and the necessary safety precautions make a wildfire un-
likely and will be their responsibility and liability. The clearing
of vegetation around the buildings as suggested by CDF would also
be necessary for the District' s demolition process and is not intended
to harm major trees or shrubs.
The proposed burn training will help accomplish the proposed building
demolition and the demolition architect will be informed in detail
of the fire department 's project. The project will not result in a
significant increase in environmental impacts. A Negative Declaration
is therefore sufficient for project compliance with CEQA.
Water is available on site and staff is currently working with the
former contractor on a proposal to upgrade the existing tanks and
hydrants for final protection both short and long term.
Recommendation: I recommend that you approve use of the Hassler
building site for training exercises by the local fire departments
between the months of September and November for a period of 15
days after all safety precautions have been met as required by
MROSD and CDF, that CEQA and other requirements are met, that the
neighbors have been informed that asbestos, PCBs and other hazardous
materials are removed before burning that a release is signed
absolving the District of any liability for the project, and that
the program will not interfere in any way with the ongoing demolition
project which is the overriding concern for completion by the
District at this time.
B�,tcv�rr�6: o -
__--.-
Li
MIN
CRIA Meet
13
3.
w
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00.
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-
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y - i
-
R-83-34
(Meeting 83-19
August 10, 1983)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
August 4 , 1983
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods ,
Open Space Planner; M. Gundert,
Associate Open Space Planner
SUBJECT: Long Ridge Open Space Preserve Use and Management Plan
Introduction: The use and management plan for Long Ridge Open Space
was last presented to you on October 28 , 1981 (see report R-83-45,
dated October 22, 1981) . According to the Relative Site Emphasis
Review Schedule adopted at your January 12, 1983 meeting (see memo-
randum M-83-7 , dated January 3, 1983) , the Long Ridge Open Space
Preserve, which is not highly emphasized, would generally be reviewed
every two years . The next anticipated review for the Long Ridge Open
Space Preserve would be in 1985.
I. Site Description and Use
The Preserve is 525 acres in size, of which 457 acres are dedicated
open space and 68 acres (the former Bean and Bridgeman properties)
remain undedicated. Since the last review there have been two
additions to the Preserve: the former Rongey property (see report
R-82-29, dated July 22, 1982) , and the former Bodhi/Mazenko
property (see report R-82-33, dated August 4 , 1982) . Both acqui-
sitions were approved at your August 11, 1982 meeting.
The Preserve is bounded by Skyline Boulevard and Skyline County
Park to the north and private property on the remaining sides .
Skyline Ridge Open Space Preserve is approximately one-quarter
mile to the north while Saratoga Gap Open Space Preserve is
located roughly one mile to the south.
Long Ridge Open Space Preserve continues to have an assortment
of problems mainly due to its close proximity to Devil ' s Canyon.
While most of the problems occurring at Devil ' s Canyon (overnight
camping, litter, fires, and teenage drinking) are not located
on District property, most Devil ' s Canyon visitors gain access
to the area through the Long Ridge Preserve (usually at night)
and occasionally are found to be camping on District land. Ranger
staff has reported illegal uses to be down this summer over
previous summers. Major legal uses occurring on the Preserve
include hiking, horseback riding and picnicking.
3--3 4 page two
Planning Considerations
Long Ridge Open Space Preserve is located primarily within un-
incorporated San Mateo County with the exception of approximately
70 acres of land located in unincorporated Santa Cruz County. The
land is zoned Resource Management in San Mateo County and Special
Use (residential) in Santa Cruz County, both of which are in con-
formity with the District' s open space uses of the '.1and.
The pole structure on the former Bodhi parcel is located within
unincorporated Santa Cruz County; thus any decisions reached on
disposition of the structure must comply with Santa Cruz County
permit requirements.
Use and Management Recommendations
The following discussion and status comments focus on the existing
use and management plan (report R-81-45) , the two acquisition
reports (reports R-82-29 and R-82-33) , and use and management
recommendations for the next two years.
A. Access and Circulation
Access to the Preserve is from Skyline Boulevard, with limited
parking available at the Grizzley Flat parking area which
serves Skyline County Park on the east side of Skyline Boule-
vard. In addition there are various roadside turnouts
adjacent to the Preserve across from the Grizzley Flat parking and
also near the former Bodhi/Mazenko property which are available.
The turnouts near the former Bridgeman property are currently
signed "No Parking" at the request of local residents, the San
Mateo County Sheriff' s Department, and the San Mateo County
Board of Supervisors. The area was so signed in an attempt
to curtail undesirable roadside parking at night and illegal
activities in the Devil ' s Canyon area.
The California Division of Forestry has, in the past, main-
tained the main entry road and Ward Road for emergency access.
This summer CDF plans on improving an existing road on the
adjacent property to the south to improve access to Ward
Road. Even though they will be abandoning the main entry road
they agree to continue grading the alignment through the
District' s property for a period of several years.
A meeting was held in early June, 1983 between local resi-
dents and District staff. Discussion centered around road
maintenance, use of the ridge road through the Preserve as
a primary access route and/or emergency escape route, and
installation of a new electric gate at the northernmost
entrance to the Preserve. The electric gate which is
being funded by some of the residents is scheduled for in-
stallation this summer. A major slide has occurred on the
surfaced road on the former Bean property and is currently
being repaired. The District will be responsible for a share
of the repairs as included in the recorded road agreement that
was inherited with the purchase of the property.
Existing Use and Management Plan
1. A trails plan should be prepared for the Long Ridge Open
Space Preserve area to assess feasible trail routes for
future development.
R-83-34 page three
Status : Preliminary plans reflect public interest in
having a loop trail system which descends from the
Grizzley Flat parking area, climbs up to Long Rigde fire trail
and returns to Skyline via the main entry gate or the
south of the Portola Heights entrance to the north.
Further planning and development will most likely not occur
for a few years in an effort to comply with the District' s
Relative Site Emphasis plan.
2. Repairs on the road through the former Bridgeman property
will be conducted as necessary and in accordance with the
road agreement with the local residents .
Status : Repairs of a major slide are being performed in
addition to annual maintenance. The District' s share is
estimated at $3, 000 , with funding included in FY 1983-84
budget.
B. Signing
Existing Use and Management Plan
1. Districtregulatory signs should be placed at visitor entry
points.
Status: Wildland signs for the visitor entry points along
Skyline Boulevard (main gate abandoned road, opposite the
Grizzley Flat parking area and trail leading to Devil's Canyon) are
in stock and installation is scheduled for late August. A
District vehicle sign will be placed near the main gate.
2 . Preserve boundary signs should be placed at appropriate
points on the former Rongey and Bodhi properties.
Status : Boundary plaques have been installed on the for-
mer Rongey and Bodhi properties. In addition, Preserve
boundary signs were installed on roads leading to Portola
Heights, Devil ' s Canyon, and Slate Creek at the request
of the local residents.
3. District staff should meet with local residents and repre-
sentatives of the San Mateo County Sheriff ' s Office and
Transportation Department in an effort to change the
existing no parking situation along Skyline Boulevard.
Status: Since most of the illegal activities associated
with Devil ' s Canyon (i.e. , overnight camping, fires, parties)
occur at night, District staff has reached a partial
solution with the San Mateo , County Transportation Depart-
ment to replace the "No Parking at Any Time" signs with
signs which restrict parking from dusk to dawn only.
Parking for approximately 15-20 cars would then be made
available to Preserve visitors during daylight hours.
Staff will be contacting CalTrans to follow up on this
project.
C. Brochure
Since Long Ridge Open Space Preserve has only a moderate rating
on the Relative Site Emphasis Plan, there has been no official
brochure designed for the site. However, an 831" x 11" xeroxed
map is available upon request from the District office.
R-83-34 page four
D. Structures
A large structure built on treated poles is located on the
former Bodhi property. The building was originally constructed
but never completed for use in the Pacific School complex.
There is no electricity or plumbing in the building and the
subfloor and deck are in various stages of decay, requiring
for the most part total replacement to meet building and
safety codes. Interior walls on the structure are non-
existent and, in essence, the structure is merely a shell.
Costs associated with bringing it up to code are prohibitive,
exceeding its worth to the District as a potential Ranger
residence, rental unit or
for recreational use.
Disposition of the structure is an important consideration
at this time, since members of Jikoji have reported use of
the structure by teenagers as a party spot, and the condition
of the subfloor makes this a hazardous situation. You agreed
at your July 6, 1983 meeting (see report titled "Disposition
of Str,uctures'l , dated June 30, 1983) that staff not actively
solicit further public input for uses of this structure.
Existing Use and Management Plan
1. A gate and hiking/equestrian stile will be installed along the
main vehicle access road on the former Bodhi property beyond
the branch leading to Jikoji.
Status: The gate and stile have not been installed, because
the main entry gate is being kept closed most of the time and
vehicular use associated with Jikoji has not created a problem.
The gate and stile. will be installed if problems arise.
2 . A hiking / equestrian stile will be installed at the northern
trail (abandoned road) located along Skyline Boulevard.
Status: Cost is estimated at $250 and was included
in FY 83 / 84 . The project will be completed in Fall
1983.
3 . Two pipe gates should be installed at the Preserve boundaries.
One gate should be located on Ward Road at the southeastern
Preserve boundary, and the second gate should be installed on
the Preserve 's western boundary along the Long Ridge fire
trail. Unauthorized vehicular traffic entering the Preserve
from these two points has been a management problem in the
past. Area residents would be notified prior to installation.
Status: Purchase of the former Bodhi property included
gated access at Skyline Boulevard. For the most part,
the gate is locked and vehicle intruders to the Preserve are
blocked. However, in the event unauthorized vehicle traffic
becomes a problem in the future, the gates on Ward Road and
the Long Ridge fire trail may be installed.
4 . The abandoned vehicle should be removed from the former Smith
III
property.
Status: The vehicle is scheduled for removal in Fall 1983 .
Cost is estimated at $200 and was included in FY 83/84 budget.
R-83-34 Page five
5 . Staff should prepare a study of the possibility of a long term
lease, trade or sale of the house area on the former Bean property.
Status: Staff has pursued the possibility of leasing the house
area on the former Bean property on a long term basis; however,
many problems remain unresolved. Staff will continue to re-
search the options and to rent the structure through the
Enterprise subprogram in the interim.
6 . The pumphouse should remain on the former Rongey property,
but the water tank and building materials should be removed
by the former owner.
Status: The water tank and building materials were removed
from the property shortly after acquisition.
7 . The Dole structure will be secured until a determination can
be made regarding its disposition.
Status: Given the current condition of the pole structure and
the Prohibitive costs associated with bringing the structure
up to code, it is recommended that the structure be removed
as soon as possible. Staff has had an offer and will explore
the possibility of contracting for the removal of the structure
in exchange for salvageable materials.
New Use and Management Recommendations
1 . A hiking / equestrian stile will be installed opposite the
Grizzley Flat parking area. Cost is estimated at $250 and
was included in FY 83 / 84 budget.
E. Natural Resources and Agricultural Management
Existing Use and Management Plan
1 . The trails resulting from unauthorized vehicle entry into
the Preserve interior should be reseeded and restored. The
trails are located at the southern end of the Preserve leading
to the tops of several knolls overlooking the coast.
Status: The trails were reseeded and telephone pole barriers
temporarily installed to prohibit further off-road vehicle
access to the knolls.
2 . Land Management staff will review the landscape plan to be
prepared by Jikoji, intended to screen the building compound
from Skyline Boulevard.
Status: The Jikoji landscape plan has not yet been prepared.
3. Litter cleanup in the vicinity of the former Bridgeman property
is being coordinated with volunteers.
Status: Several percolation pits which were being used as
garbage dumps were filled in and the trash hauled out. In
addition, a volunteer is continuing to collect trash and
litter on and near the former Bridgeman parcel on an on-going
basis.
New Use and Management Recommendations
1 . Discing of the periphery of the grassland areas should be
performed annually to lessen the fire hazard. Cost is
estimated at $200 and was included in FY 83 / 84 budget.
R-83-34 Page six
F. Visitor and Site Protection
District Rangers patrol the site on a regular basis. Most use
problems are associated with the Devil ' s Canyon area; the
remainder of the Preserve has few use problems.
G. Dedication
The Preserve includes 457 acres of dedicated open space while 68
acres remain undedicated. The former Bean property should remain
undedicated to allow for possible long term lease, sale, or ex-
change of the house and immediate site. There is no longer any
reason to withhold the former Bridgeman property from dedication
as there is no area of the property that could be subdivided to
allow development. Experience, field review, and planning con-
siderations dictate that the entire Bridgeman parcel become
dedicated open space.
Recommendation: I recommend you tentatively adopt the use and
management plan for Long Ridge Open Space Preserve as contained in
this report , including the dedication of the former Bridgeman property.
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M-83-89
AA. (Meeting 83-19
Nblor August 10 , 1983)
Aw 0 41M i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 2 , 1983
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY: W. Tannenbaum, Real Property Representative
SUBJECT: Monte Bello Open Space Preserve -- Black Mountain (Ground
Communications Lease With Federal Aviation Administration--FAA)
Introduction: At your December 8 , 1982 meeting you adopted the "Policies
for the Black Mountain Communication Facilities" (see memorandum M-82-27 ,
dated November 19, 1982) . In accordance with those policies , staff has
completed negotiations with the Federal Aviation Administration (FAA) for
the continued lease of ground area for their communication facilities
(see attached) . This lease is patterned after the previously approved
leases for Ford Aerospace and Gill Cable. However, there are several
modifications which have been made due primarily to Federal government
requirements and restrictions specific to the FAA. Essentially, the two-
fold purpose of the FAA lease remains the same: to protect the quality
of the open space environment in the Monte Bello Open Space Preserve while
ensuring a competitive rate of return to the District.
Terms: Rent for this lease was calculated using information collected
during the initial study and through interviews with knowledgeable experts
in the area (e.g. , Watson Communications , County of San Mateo and the East
Bay Regional Park District) . Rent for this facility has been assessed at
$350. 00 per month for an annual rate of $4200. 00 (a 200% increase over the
previous rent) . This Fixed Minimum Rent will be automatically increased
by seven percent (7%) each year (Paragraph 3) . Other terms include:
1. Due to government restrictions , rent has been traditionally paid
in arrears annually. While the "arrears condition" is not flexible, this
agreement provides that the District will receive its rent monthly (rather
than annually) in arrears.
2. The normal District insurance clause has been replaced with a
provision stating that the FAA will act as self-insurer for all purposes
of public liability and District indemnification in accordance with the
policy of the Comptroller General. This is in line with the Federal govern-
ment' s guidelines for insurance coverage and is acceptable to the District.
3. The District has required that the tenant adhere to "Regulations
for Use of Midpeninsula Regional Open Space District Land, " and Item No. 3
of the Basic Policy. Both of these references were included as Exhibit C
of the lease.
Recommendation: I recommend that you adopt the accompanying Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Approving the Ground Communications Lease with Federal Aviation Administra-
tion (Monte Bello Open Space Preserve - Black Mountain) .
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE GROUND COMMUNICATIONS LEASE
WITH FEDERAL AVIATION ADMINISTRATION (MONTE
BELLO OPEN SPACE PRESERVE - BLACK MOUNTAIN)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows:
Section One. The District may, under the provisions of
Sections 5540 and 5563 of the Public Resources Code, lease property
owned by the District for a period of up to twenty-five (25) years ,
and the Board of Directors finds that the premises to be leased for
Communication Facilities is temporarily unnecessary for park and open
space purposes and considers that a lease of such premises for Com-
munication Facilities is in the public interest, on the terms herein-
after set forth.
Section Two. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby approve the Lease between
the Federal Aviation Administration and the Midpeninsula Regional Open
Space District, a copy of which Lease is attached hereto and by refer-
ence made a part hereof, and does hereby authorize the President and
appropriate officers to execute said Lease on behalf of the District.
Section Three. The General Manager or the Assistant General
Manager of the District shall cause to be given appropriate notice of
acceptance to Lessee. The General Manager or the Assistant General
Manager further is authorized to execute any and all other documents
necessary or appropriate to the closing of the transaction.
�
^ � _
DTFA08-83L-I0374
Mountain View DCAG
' GROUND LEASE
FOR COMMUNICATIONS STRUCTURES
THIS LEASE is 0dd2 and entered into as of this day of
, lg , by and between MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a -�-
ubldistriCt (hereinafter called "District" and the
United States of America (hereinafter called "Tenant"). �
� RECITALS
�
A. District is the owner of that certain real property con-
sisting Of approximately 0.59 acres more or less of land located
in the County of Santa Clara, State of California, as more particu-
larly described in Exhibit "A" attached hereto and incorporated
herein by this reference (the "premises").
B. Tenant desires to lease the premises from District, and in �
conjunction therewith Tenant has placed thereupon communications
structures and offsite utilities consisting Of antennas and antenna
� support structures, building housing telecommunications equipment,
associated improvements, all as more particularly described in the �
"aS built" plans and specifications attached hereto as Exhibit "8"
and incorporated herein by this reference (the "Improvements") .
NOW, THEREFORE, in consideration Of the mutual covenants and
conditions hereinafter set forth, the parties agree as follows: �
�
I. Lease of Premises. District hereby leases the premises to
Tenant, and Tenant hereby leases the premises from District, for the
term, at the rental , and upon the other covenants and conditions
contained herein.
2. Term.
/d\ The term Of this Lease shall commence as Of July I,
1983 (the "Commencement Date"), and the lease renewed each October l
for one /I\ year unless the Tenant gives the Lessor thirty 30) days
written notice that it will not exercise its option before this lease
or any renewal thereof expires; PROVIDED that no renewal shall extend
this lease beyond the 30th day of September 1988, unless sooner ter-
minated in accordance with the provisions hereof, or unless extended
pursuant to any right to further extend the Lease term expressly granted
herein; and PROVIDED FURTHER, that adequate appropriations are available
from year to year for the payment of rentals.
/b\ Tenant acknowledges that California Public Resources
Code Section 5563 provides in part that: "When land Or property is
temporarily unnecessary for park or open space purposes, it may be
� leased for other purposes for a term not exceeding 25 years with an
express provision in the lease that Should the board by ordinance
determine to use the lands for park, open space, Or Other district
purposes, the lease shall thereby be terminated." Accordingly,
notwithstanding anything to the contrary herein contained, District
shall be entitled to terminate this Lease at any time during the
term hereof pursuant to said Section 5563° provided only that District
delivers to Tenant written notice of such termination at least six (6)
months prior to the date on which such termination shall become �
effective.
� 3. Fixed Minimum Rent. �
/a\ Subject to adjustment as Set forth in Paragraph 3/b\, �
Tenant shall pay to District as rent for the premises e ual monthly
installments of Three Hundred Fifty and N0/I00 Dollars /$35O.00\ in
arrears On the last day of each month of the term hereof ("Fixed
Minimum Rent"). All rent payable by Tenant under this Lease shall
be payable without notice Or demand, and without any deduction,
� offset Or abatement, in lawful money of the United States Of America
to District at the address stated herein or to such Other persons or
at such other places as District may from time to time designate in
writing.
(b) The amount of Fixed Minimum Rent payable by Tenant
to District hereunder shall automatically increase by seven percent
(7%) beginning October 1, 1984 and each October 1 thereafter during
each renewal term of this Lease (each such date herein called a
"Rental Adjustment Date"). District shall give Tenant written notice
each year illustrating the new Fixed Minimum Rent as adjusted.
4. Use.
(a) Tenant has placed upon the leased premises communica-
tions structures consisting of antennas and antenna support structures,
telecommunications equipment building and associated improvements,
all as more particularly described in the "as built" plans attached
hereto as Exhibit "B". The leased premises may be used for purposes
of operating and maintaining the Improvements for transmission and
reception of electromagnetic and other communications signals, and
for all lawful uses incidental thereto, and for no other purpose
without District's prior written consent.
(b) Tenant shall not use the premises or permit anything to
be done in or about the premises which will in any way conflict with
any statute, ordinance, rule, regulation, or other statement of lawful
governmental authority now in force or which may hereafter be promul-
gated (collectively "regulations") , and shall at its own expense abide
by and comply with any and all such regulations regarding use of the
Improvements. Such regulations shall be deemed to include District's
policy and regulations attached hereto as Exhibit "C" and made a part
hereof.
(c) District reserves the right to enter on the premises
and to use the same (except for the Improvements) in any manner District
shall desire, including without limitation for purposes of construct-
ing, installing, operating, maintaining, repairing, replacing, alter-
ing and moving pipelines, conduits, culverts, ducts, fences, power and
communication poles and lines, and roads, or for grazing purposes.
District further reserves the right to grant easements over, across,
under or upon the premises, or for ingress and egress thereto, or for
any other purposes, provided that any work or easement shall not result
in any unreasonable interference with the conduct of Tenant's business
on the premises or the security thereof.
5. Access to Premises.
(a) District hereby grants permission to Tenant and Tenant's
authorized agents, employees and contractors to use a segment of that
certain road providing access to the premises, which segment is
situated on land owned by District and is more particularly shown
outlined in red on Exhibit "D" attached hereto and incorporated herein
by this reference (the "Access Area"). The permission granted pursuant
to this paragraph shall terminate automatically without notice and
without need for further documentation upon the expiration or sooner
termination of the Lease term.
(b) The Access Area shall be used by Tenant, if at all ,
only for purposes of obtaining ingress to and egress from the premises
in order to operate, maintain, repair, alter or inspect the Improve-
ments from time to time, and for no other purposes whatsoever. Tenant
shall exercise its access rights pursuant to the permission granted
herein only in such manner as will minimize erosion or other damage
to the Access Area, and shall refrain from using the same to the extent
reasonably practicable when weather conditions shall render the Access
Area subject to greater than normal erosion or other damage. Tenant
shall not permit trucks and/or other machinery or equipment weighing
in excess of ten (10) tons to use the Access Area.
(c) Tenant shall , at Tenant's sole cost and expense, repair
all damage to the Access Area, as well as all damage to improvements
within or adjacent to the Access Area designed to protect the surface
of the Access Area such as water drains, berms, or culverts, caused
by use of the Access Area by Tenant or its agents, employees, or
contractors. Tenant shall be liable for any damage to the Access
Area and its immediate surroundings arising from its use thereof, or
its repair or failure to repair the same as hereinabove required.
-2-
6. Maintenance and Repair. Tenant acknowledges that it has
inspected the premises, and Tenant accepts the premises "as is" in
the condition existing as of the Commencement Date. Tenant shall ,
at Tenant's expense, maintain the premises and the Improvements in
good, safe and sanitary condition, order and repair, and shall keep
the premises free from trash and other debris. Tenant shall promptly
remove from the premises any vehicles, machinery, equipment or other
items which Tenant from time to time no longer uses in the conduct
of its business or operations on the premises.
7. Alterations.
(a) Tenant shall not make or permit to be made any altera-
tions, additions or improvements to or of the premises or the Improve-
ments without prior written consent of District, which consent shall
not unreasonably be withheld. The requirement for such consent shall
not, however, apply to changes in or additions to frequencies operated
by Tenant in accordance with federal requirements and applicable
regulations or to changes made to the interior of the equipment building.
(b) District shall be entitled to review and accept or
reject the design of all exterior alterations which Tenant may desire
to make to the premises. Prior to commencing construction or installa-
tion of any alteration the design of which District determines is
acceptable, Tenant shall deliver to District detailed plans and speci-
fications for such construction or installation and obtain District's
consent thereto, which consent shall not unreasonably be withheld.
The requirement for such consent shall not, however, apply to repair
or replacement work necessitated by emergency situations.
(c) All construction or installation work performed by
Tenant or caused to be performed by the Tenant in, on or about the
premises shall comply in all respects to all applicable statutes,
ordinances, building codes, rules and regulations, including but not
limited to fire, safety, and construction standards of lawful govern-
mental authority, and shall furthermore comply with District's open
space use and management guidelines then in effect.
(d) Any consent given by District pursuant to this Paragraph
7 shall not constitute implied consent to any subsequent alteration
upon or to the premises or the Improvements, but shall apply only
to those items or matters for which consent was expressly requested.
(e) The Tenant shall notify District at least thirty (30)
days in advance of any construction on the premises, and District
shall be entitled to post on the premises notices of non-responsibility
in favor of District, prior to commencement of any such construction.
8. Legal Remedies.
If, in the event the premises have been abandoned by the Tenant
in excess of 90 days, or if, in the opinion of the Lessor, the Tenant
fails to observe or perform any provision of this lease to be observed
or performed by Tenant, the Lessor shall have the right to initiate
legal proceedings against the tenant in a court of law to terminate this
lease and/or recover all compensation due, the amount of which shall be
fixed by the court and shall be made a part of any judgment rendered.
9. Prompt Payment Provision. Notwithstanding any other provi
-
sions of this Lease, unless paid within fifteen (15) days following the
due date, all amounts due to the District shall bear interest at the
rate determined by the Secretary of the Treasury pursuant to Public
Law 92-41, 8r Stat. 97.
10. Utilities.
(a) Tenant shall enter into separate contracts with the
appropriate utility companies for any and all services and utilities
supplied to the premises.
-3-
� ..
.
/b\ All electric lines or other utility conduits owned by
the Tenant and located On the premises shall , within three /3\ years
from the commencement date of this Lease, be installed underground
at d depth of at least the minimum depth required by applicable
statutes, ordinances, rules, regulations, codes or Other statements
Of lawful governmental authority. After installation thereof, Tenant
Shall restore any land altered by such installation to the same condi-
tion existing prior to such installation at its SOl8 cost and expense.
�
Il. Hold Harmless. Tenant Shall indemnify and save harmless
District for and against all claims for compensatory and money damages
� for injury or loss of property Or personal injury Or death caused by
� the negligent or wrongful act or omission of any employee of Tenant
� while acting within the scope of this office, or employment under cir-
cumstances where Tenant, if a private person, would be liable in
accordance with the law of the place where the act or omission occurred.
District shall not be liable to Tenant for any damage, injury or death
arising out of the act Of negligence Of any owner, occupant, or user
of any property adjacent to or in the vicinity of the premises and not
owned by the District. Tenant shall pay for all damage to the premises
and Surrounding areas caused by its invitees, licensees, agents, and
contractors. The foregoing indemnity shall not extend to claims based �
upon acts Or omissions of Tenant's employees for which Tenant would not
be liable under the Federal Tort Claims Act of 1945 /28 USC 2671 etseq.\
as now or hereafter amended. The District Shall furnish Tenant with
reaS0ndble notice of any claim made against Tenant.
12. Insurance. District shall have no obligation to insure
against loss to Tenant's leasehold improvements, fixtures, machinery, �
equipment, or other pGr5VDdl property in or about the premises occurring
� from any cause whatsoever, and Tenant shall have no interest in the
� proceeds of any insurance carried by District. In accordance with the
Comptroller General 's Decision, 19/798 I9401 , Tenant consents to act �
as self-insurer for all purposes of public liability and District indem-
nification as pursuant to Paragraph ll hereinabove.
13. Assignment d Subletting. Tenant shall not assign this
� Lease or sublet the premises, or any interest therein, without the
prior written consent of District, which consent may be withheld by
District for any reason whatsoever. A consent by District to one
assignment or subletting shall not be deemed to be a consent to any
subsequent assignment or subletting. An assignment or subletting
without the prior written consent Of District, or any assignment or
Subletting by operation by law, shall be void and shall , at the option �
� Of District, terminate this Lease. Tenant shall not, during the term
of this Lease, encumber its interest in the premises by mortgage or
deed Of trust or Other security instrument, or otherwise use the
premises as security for any indebtedness of Tenant.
14. Entry by District. In addition to such rights to use the
� premises as are reserved by District in Paragraph 4/o\ , District Shall ,
at any and all reasonable times and upon prior agreement with the
Tenant, have the right to enter onto the premises to inspect the same,
to exhibit the premises to prospective purchasers without abatement of
rent payable by the Tenant hereunder. Tenant hereby waives any claims
for damages for any lV53 of occupancy or quiet enjoyment of the prem-
ises occasioned thereby.
15. Waiver. The waiver by District of any breach Of any term,
covenant, or conditionherein contained shall not be deemed to be a �
waiver of such term, covenant, Or condition or any subsequent breach
Of the same or any other term, CUVeDaOt* or condition herein contained.
The subsequent acceptance of rent hereunder by District Shall not be
deemed to be a waiver of any preceding breach by Tenant of any term,
covenant or condition of this Lease, other than the failure of Tenant
to pay the particular rent s0 accepted.
-4-
/
�
� .
. `
10. Surrender of Premises.
(0) At the expiration or sooner termination Of the Lease
term and upon written request by District (to be made DV later than
ten /lO\ days after the date of such expiration or SOOOer termination) ,
Tenant shall , at Tenant's sole cost and expense, demolish the Improve-
ments and remove the debris resulting therefrom as well as any and all
equipment, vehicles, machinery Or other devices remaining on or about
the premises. Tenant shall be entitled, without obtaining District's
prior consent, to remove all furniture and trade fixtures not affixed
� to either the premises or the Improvements at the expiration or sooner
�
termination of the Lease term, provided any damage occasioned thereby
� is promptly repaired by Tenant at Tenant's sole cost and expense
. Upon
(unless District expressly waives the need for such repairs).� ` ^
demolition and/or r200vd� hv Tenant of such I�prVv�0�D�9, furniture,
�
. -' �
trade fixtures, vehicles, machinery and other devices on the premises, �
Tenant shall at its sole expense restore the premises to as good condi-
tion as that existing at the time Of Tenant's initial entry upon the
� premises under this Lease or any preceding Lease to the reasonable �
satisfaction of District. (Ordinary wear and tear, damage by natural �
elements and by circumstances over which Tenant has no control are
excepted.) If Tenant shall fail to so demolish and remove the items
listed above, and thereafter to restore the land affected thereby, all
within ninety 90 days after the end of the Lease term, or within �
such additional time as may be mutually agreed upon, District shall be
entitled to perform such work at Tenant's expense. The obligations
of Tenant and rights of District set forth in this Paragraph I4(a)
shall survive the termination of this Lease. �
�
� (b) Tenant hereby specifically waives any rights to, and
releases District from any and all claims for relocation benefits �
and/or relocation payments to which Tenant might otherwise be entitled
pursuant to California Government Code Section 7260 et se . , and any
similar or successor statutes. Tenant shall hold Di�trict harmless
� from and indemnify District against any and all liability, cost, and
expense suffered or incurred by District and arising in connection
with any such right or claim.
17. Holding Over. Any holding over after the expiration of the
term, with the consent of District, shall be construed to be a tenancy
from month to month On the same terms and conditions specified herein
3o far as applicable.
18. Option Extend Term.
/al District h8rBh« grants to Tenant an Ooti0O to extend
the term of this Lease for an additional period of five [5) years
upon expiration of the initial five-year term Of this Lease, and
three /3\ additional options each to extend the term of this Lease
for One additional period Of five /5\ years upon expiration of the
immediately preceding five /5 year period, 3U that the maximum term
of this Lease, including the initial five years of this Lease, shall
be a total Of twenty-five /25\ years. Each of said four 4\ options
to extend the term for an additional five-year period shall be exer-
cised by Tenant, if at all , by Tenant/5 delivery Of notice of exercise
Of Such option to District at least three (3) months, but not more
than six d\ months, prior to expiration of the Lease term (as ex-
tended, if at all , from time to time). Each of said five-year exten-
sion periods shall be on all the provisions contained in this Lease,
except for the rent, which shall be adjusted as provided in Paragraph
| 18/b\ below. Tenant Shall not be entitled to exercise any of the options
to extend following the first option to extend unless each and all Of the
preceding options to extend have been properly exercised in accordance with
the provisions of this Paragraph I8(a). In the event the term of this
Lease shall for any reason expire or terminate, all options to extend
�
. .
� which have not then been exercised shall be deemed to terminate upon
Such expiration Or sooner termination, and shall thereafter be of no
further force or effect. The options to extend granted by District
to Tenant pursuant to this Paragraph 18/d\ are personal to Tenant and
shall not be exercised by or assigned, voluntarily or involuntarily,
to anyone other than Tenant. Any assignment of one or more of said
options to extend without District's prior written consent shall be
void. After Tenant's exercise of any one or more of said options to
extend, all references in this Lease to the term shall be considered
to mean the term as extended, and all references to expiration or
termination Of the term Of this Lease shall be considered to mean the
�
expiration or termination Of the term as extended. �
�
� (b\ Upon 8x8��i3� b« Tenant 0f any 8f ��8 four (4\ 0ntinO3 �
� ` . . ` ' . �
to extend the Lease term for a period of five (5) years granted �
pursuant to Paragraph IO(a) above, the parties shall have thirty (30)
� days after District receives the option notice exercising said option �
�
during which to agree upon the amount of Fixed Minimum Rent to be �
� payable upon commencement of the extended term referred to in said �
notice (which Fixed Minimum Rent shall continue to be subject to �
annual adjustment pursuant to Paragraph 3(b) above). If the parties
agree upon the amount of Fixed Minimum Rent for the first year of �
said extended term, they shall immediately thereafter execute an �
amendment to this Lease stating the amount thereof. If the parties
are unable for any reason to agree upon the amount Of Fixed Minimum �
�
Rent within said thirty (30) day period, the amount of said Fixed
Minimum Rent shall be established by an independent, professional real
� estate appraiser using national accepted appraisal techniques to estab-
lish a Fair Rental Value. The tenant shall sVlicfte bids for a nar-
rative FRV appraisal From a minimum of three /3\ such appraisers and
� Shall furnish the names, professional qualifications and bid amounts
to the Lessor. From this list, the Lessor shall select, or furnish its
own listing to the Tenant for its selection, an appraiser to determine
a FRV which shall become the Fixed Minimum Rent for the first year Of
said extended term. The costs of such appraisal shall be born equally
� by the parties.
19. Notices. All notices, Statements, demands, requests, approvals,
� or consents Tc0llectivelv "notices") given hereunder by either party
to the other shall be made in writing and shall be served personally or
� by first class mail , certified or return receipt requested, postage pre-
paid, and addressed to the parties as follows:
DISTRICT:
Midp8niDSUla Regional Open Space District
375 DiSt8l Circle, Suite D-I
Los Altos, CA 94022
TENANT:
United 3t8tg5 Department Of Transportation
Federal Aviation Administration
� P.O. Box 92007
�
Worlduav Postal Center
L05 Angeles, CA 90009
� or to such other address as either party may have furnished to the
other as a place for the service of notice. Any notice So served by
mail shall be deemed to have been delivered three (3/� days after the
� ^
/ date posted.
�
� -d- �
�
�
�
20. District warrants that no person or selling agency has been
employed or retained to solicit or secure this Lease upon an agreement
or understanding for a commission, brokerage, percentage or contingent
fee, except bona fide employees or bona fide established commercial
or selling agencies maintained by District for the purpose of securing
business. For breach or violation of this warranty, Tenant shall have
the right to annul this Lease without liability, or in its discretion
to deduct from amounts otherwise due under this Lease or other con-
sideration, the full amount of such commission, brokerage, percentage
or contingent fee.
21. Attorney's Fees. If any action at law or in equity shall be
brought to recover any rent under this Lease, or for or on account of
any breach of or to enforce or interpret any of the provisions of this
Lease, or for the recovery of the possession of the premises, the
prevailing party shall be entitled to recover from the other party
reasonable attorneys' fees, the amount of which shall be fixed by the
court and shall be made a part of any judgment rendered.
22. General .
(a) This Lease contains all of the terms, covenants, and
conditions agreed to by District and Tenant, and this Lease may not
be modified orally or in any manner other than by an agreement in
writing signed by all of the parties to this Lease or their respective
successors in interest.
(b) The covenants and conditions hereof, subject to the pro-
visions as to subletting and assignment, shall inure to the benefit of
and bind the heirs, successors, executors, administrators, sublessees,
and assigns of the parties.
(c) The captions of this Lease are for convenience only and
are not a part of this Lease and do not in any way limit or amplify
the terms and provisions of this Lease.
(d) This Lease shall be governed and construed in accordance
with the laws of the State of California to the extent not inconsistent
with Federal Law.
(e) Time is of the essence as to all of the provisions of
this Lease as to which time of performance is a factor.
(f) No member of Congress or Resident Commissioner shall be
admitted to any share or part of this Lease, or to any benefit to
arise therefrom.
IN WITNESS WHEREOF, the parties hereto have executed this Lease
as of the date first above written.
-7-
MIDPENINSULA REGIONAL OPEN SPACE TENANT:
DISTRICT FEDERAL AVIATION ADMINISTRATION
RECOMMENDED FOR APPROVAL: By 142
Tit Cc,,+,^ac+i n)
Date O i'w r
JUL 13 19M
WilliaLmS 71777 n baum
Real Property Representative
APPROVED AND ACCEPTED: By
Title
Date
President, Board of Directors
Date
ATTEST:
Clerk of the Board of Directors
Date
EXHIBIT A
Legal Description of FAA Lease Area on Black Mountain
(Monte Bello Open Space Preserve)
Township A parcel of land 160 feet square located in Section 13 7
South, Range 3 West, in the County of Santa Clara, State of Cali-
fornia more fully described as follows:
From the southwest corner of said Section 13 proceed North 53°
09 ' 16" East for 1,289.5 feet, more or less to the US Corps of
Engineers Triangulation Station "Black Mountain. " Thence North
671 11 ' 52" East for 211. 7 feet more or less to the true point
of beginning; thence North 771 04 ' 39" East for 160 feet; thence
South 120 55 ' 21" East for 160 feet; thence South 770 04 ' 39" West
for 160 feet; thence North 120 55 ' 21" West for 160 feet to the
true point of beginning.
All bearings are true and the parcel contains 0 . 59 acres, more or
less.
EXHIBIT
EXHIBIT B
NOTE: EXHIBIT B is a site survey blueprint.
A copy of this document is available in the
District office for review.
EXHIBIT
Page Hof
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Page two !! �
REGULATIONS FOR USE OF V ..9
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS SECTION 107. HEADINGS AND DIVISIONS. headings and divisions are
or convenience only and shall not be considered M.
in the interpretation of this Ordinance and shall
not in any way affect the conduct or activities r k
(Adopted by Ordinance No. 75-1, covered by other sections of this Ordinance.
April 9, 1975) m = '
(Amended by Ordinance No. 77-1, CHAPTER II - REGULATIONS = �
Ja.^.nnry 26, 1977)
CHAPTER I - DEFINITIONS SECTION 200. GENLRAls REGULATIONS. District lands shall be open '
�my and accessible to all persons except as may be pro-
vided by resolution, regulation, or rule of the Board
S, ON 100. TITLE. The rules and regulations contained herein or by individual site use and management plans adopted
szsaall be known as "Regulations for Use of Mid- by the Board.
peninsula Regional Park District Lands" and may be
referred to as such or as "land regulations." 200.1 The Board may by resolution, regulation or rule
provide for a system of permits and the issuance
SECTION 101. PURPOSE. In order to provide responsible steward- thereof. It may by such system require permits for
ship for District lands, to establish orderly use the use of certain lands, the exemption of certain
and to maintain natural and quiet environment for lands or classifications of permits therefrom, a !
persons on the lands, these regulations are adopted. system of fees, and the establishment of other policies
They are established pursuant to the Basic Policy in connection with the administration of a permit
of the Board of Directors of the Midpeninsula Reg- system.
ional Park District,* adopted March 27, 1974, that
"The District will follow a land management policy 200.2 Any person entering upon District lands shall abide
that provides proper care of open space land, al by the rules and regulations of the District, the
lowing public access appropriate to the nature of regulations or provisions of any sign or posted
the land and consistent with ecological values." notice, the Conditions of any permit, the lawful
order or other instruction of any District ranger
'SECTION 102. DEFINITIONS. Unless the context otherwise requires, or police officer appointed by the Board, the laws
the definitions hereinafter set forth shall govern of the State of California, and all applicable
the construction of these regulations. county and/or municipal ordinances.
SE( N 103. DISTRICT, DISTRICT LANDS DEFINED. "District" means 200.3 The provisions of this Ordinance shall not apply
the Midpeninsula Regionul-Yark District, and includes to employees of the District or to its lessees or
all lands and waters owned, controlled, or managed their employees engaged in and acting within the
by the Midpeninsula Regional Park District, which scope of their authorized duties and lessee act•ivi-
shall hereinafter he referred to as "District lands".
ties. However, District employees and lessees and s
their employees shall abide by the laws of the state
SECTION 104. PERSON DEFINED. "Person" means any natural person, of California and all applicable county and/or muni-
Firm, corporation, club, municipality, district or cipal ordinances.
public agency, and all associations or combinations l
of persons whenever acting for themselves or by any SECTION 201. SPECIAL REGULATIONS. Special regulations enacted
agent, servant, or employee. for an area or a subject do not preclude the appli-
cation of general regulations unless expressly so
('SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise ex- indicated.
pressly prpvi*slecl herein,"permit" or "permission"
means permission, granted by the General Manager of
the Midpeninsula Regional Park District or an auth- CHAPTER III - GENERAL RULES
orized representative. .:
SECTION 106. BOARD DEFINED. "Board" moans the Board of Directors SECTION 300. AUTHORITY. All sections of this Ordinance are
of�i-he Midpeninssula Regional Park District. _ e<9opt�pursuant to Sections 5541, 5550, and 5559
of the Public Resources Code of the State of Cslif-
6111 Kirch. 19,11, Uro mulm Wvi vNm(nKl lcs "M61punli muln 1(v(1101int (101 S:lInCO ornia, and apply to all District lands. A title,
where used, does not limit the language of a section.
U1r�Erirt",
i
Page three pagr. four V
SECTION 301. VIOLATIONS OF ORDINANCE A MISDEAMEANOR OR INFRACTION. (c) The term juvenile as used herein shall be con- O
Any violation of this Ordinance or of any rule or years.
to mean any person under the age of 1$
regulation adopted by the District is, in the dis-
cretion of the prosecutor or the court, a misdemeanor SECTION 401. SWIMMING.
m
or infraction. Any judge of a justice court within
the District or any municipal court which may be 401.1 General. No person shall swim, wade, or engage i
established within the District, shall have juris- any other water-contact activity in any water are
diction of all prosecutions under this article for of the District except in those areas so designate
violations of any ordinances, rules or regulations
adopted by the Board of Directors of any regional . 401.2 Definition. As used in this section, "water-contact
park district. (Public Resources Code, Section 5560) . act�ivirty''means any activity in which the body of
a person comes into physical contact with water,
ION 302. SEVERABILITY. If any chapter, section, subsection, including but not limited to swimming, wading, aqua-
- paragraph, subparagraph, sentence, or clause of this planing, paddle boarding, skin diving and water ski-
Ordinance is for any reason held to be invalid or ing. it does not include boating or fishing.
unconstitutional, such invalidity or unconstitution-
ality shall not affect the validity or constitution- 401.3 Definition. As used in this section, "water areas {
ality of the remaining portions of this Ordinance; of the District" include, but are not limited to,
and the Board of Directors declares that this Ordin- all natural and artificial swimming pools, reser-
ance, and each chapter, section, subsection, pars- voirs, lakes, streams and flood control channels. x
graph, sentence, and clause thereof would have been
adopted irrespective of such possible finding of SECTION 402. DROWNING; FALSE REPORTS. No person shall report, or
invalidity or unconstitutionality and, to that end, cause to be reported, or in any other manner com- ','
the provisions of this Ordinance are hereby declared municate to any lifeguard employed by the District,
to be severable. or any other employee of the District, or law en-
forcemeat officer, an account of a drowning, which
SECTION 303. AMENDMENT OR REPEAL. where a section herein or
such person knows to be false.
rule or regu! nt on adopted pursuant thereto is
amended or repealed, acts and commissions prior SECTION 403. FIREARMS AND DANGEROUS WEAPONS.
thereto may be prosectued as though such section,
rule or regulation had not been so amended or re- 403.1 Restriction. Except as provided in subsection 403.2
pealed. of this Section, no person shall have in his/her
possession on District lands, and no person shall
fire or dishcarge, or cause to be fired or discharged,
CttAPTER IV - PARK USES GENERAL across, in, or into any portion of District lands
any gun or firearm, spear, bow and arrow, cross bow,
sling shot, air or gas weapon, or any other dangerous
SECTION 400. CAMPING. weapon.
400.1 No person shall maintain a camp on District lands, 403.2 Exception. The provisions of subsection 403.1 of
except a camp may be maintained in designated areas this Section shall not apply to any of the following
if a valid permit therefor has been obtained from cases:
the District.
(a) The possession of unloaded firearms or dangerous
400.2 Na person who is a juvenile shall camp on any Dis- weapons on public roads solely for the purpose
tri.ct lands except as follows: of transporting such firearms or dangerous
weapons through District lands.
(a) A juvenile who is accompanied by a parent or
guardian. (b) The possession of firearms or other dangerous
weapons at a place of residence or business
(b) A juvenile who is a part of a group permitted located on District lands by a person in lawful
to occupy District lands and who is supervised possession of the residence or business.
by at least one adult responsible for each
ten juveniles or portion of ten thereof.
a
•
Page five Page six
4 Throw, release, or discharge missiles, rockets, or SECTION 404. FIRES. No person shall build, light, or maintain 409. similar projectiles.
any open or outdoor fire at any place on District p (..
lands, without a fire permit, except in areas or ...
facilities provided and designated for this purpose. 409.5 11ang-glide or parachute. TO
Upon a finding of extreme fire hazard by the General `
Manager or an authorized representative, no person 409.6 Engage in any activity or operate any device re
shall smoke, or build fires, in areas other than lessly or negligently so as to endanger the lif fo
those designated by said officer. limb or property of any person. tai 06
SECTION 405. INDECENT EXPOSURE. Exposing oneself with the intent SECTION 410. ALCOHOLIC BEVERAGES.
of directing public attention to one's private parts for purposes of sexual arousal, gratification, or Only beer and wine shall be possessed or consumedt
affront is prohibited. (Penal Code, Section 314) . other alcoholic beverages are prohibited 'on District
lands.
SL-_iON 406. METAL DETECTORS. No person shall use a metal detector SECTION 411. REMOVAL OF SIGNS. No person shall remove any sigrf
or similar device on District lands, except as pro- duly erected or posted on District lands.
vided in Section 806.
SECTION 407. OBSTRUCTIONS. No person shall continue to engage CHAPTER V - PARK USES: AQUATICS, BOATING
in any course of conduct on any District lands after
he or she is advised by a Ranger or other District
employee or agent having authority to regulate or SECTION 500. BOATING. No person shall place a boat, kayak, rub-
manage the area, that such conduct unreasonably and Le-r raYt or other vessel of any description in the
unnecessarily impairs or limits the lawful use and water of reservoirs, lakes, streams or other bodies
enjoyment of such facility or area by other persons, of water owned, managed, or controlled by the Dist-
or impairs the ability of any District employee or rict except as expressly allowed by permit or rule
agent to perform his or her authorized duties and or regulation of the District.
activities, because such conduct is causing a mater-
ial, physical obstruction to (i) the normal lawful SECTION 501. LITTERING WATERS. 'It shall be unlawful for any per-
movement of other persons in or through the area, son to 1 ttl tear oror cause to be littered, or dump or
or (i.i) to normal access of other persons to any cause to be dumped, any wastematter into any bay,
District facility or area. lagoon, channel, river, creek, slough, canal, lake
or reservoir, or other stream or body of water, or
SECTION 408. ASSEMBLY. It shall be unlawful for any person or upon a bank, beach, or shore within 150 feet of
group to conduct a group meeting, rally, or similar the high water mark of any such water. (Penal Code
gathering on District lands without first obtaining Section 374 (a)) .
a permit for the use of the specific area or facility
involved. No such permit shall be granted if it is
found that the time, place and/or size of the meeting, C11APTER VI - PARK USES: RInINC, ItIKING TRAILS
rally, etc. will disrupt or unreasonably interfere "- ""'"��`—�~�� ��"_ .•.
with the normal uao, operation or management of t.ho
site or facility or have an adverse impact on the SECTION_600. GENERAL. No person shall ride, drive, lead, or
ecological characteristics thereof. keep saddle horse, pony, mule or other such animal
at any area designated by the Board as so restricted.
SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. Except in areas
sp�ficaT1` des gnatcd and set aside from time to SECTION 601. SADDLE ANIMALS. No person shall ride!, drive, lead,
time by the Board forsuch activities, no person shall ar��1iisiy coddle or pack animal in a reckless or
engage in any of the following activities on District negligent: manner .so an to endanger the life, limb
lands: or property of any porson or animal. No person shall
allow his or her saddle or pack animal to stand un-
409.1 Use or possess fireworks of any kind. attended or insecurely tied.
409.2 Drive, chip, or in any other manner play or practice SECTION 602. CATES. Any
per
son ea
golf, or hit golf balls, " -5ame -after passing through itpening a .l•�tcs shall close the
409.3 01)crate self'-propolied model airplanes, boats, auto-
moh.il.os, or other model cr.art or .any kind or ►tesvrip-
H on. ,
Page seven rate night
CHAPTER VII - PARK USES: COMMERCIAL/REVENUE
:ECTION 603. TRESPASSF5. The following acts, among others -- ' �""'" O
are dcclared to be unlawful by Section 692 of the
renal Code of California. SECTION 700. SOLICITING. No person shall solicit, sell, hawkt
otherwise peddle any goods, wares, merchandise, m
603.1 Willfully opening, tearing down, s otherwise liquids, edibles for human consumption on DistriIE
destroying any fence on the enclose
d land of another, land except by concession or written permission
or opening any gate, bar or fence of another and granted by the Board. W
willfully leaving it open without the written per 96
-
mission of the owner, or maliciously tearing down, SECTION 701. GRAZING. No person shall permit cattle, sheep,
mutiliating or destroying any sign, signboard, or - - goats, or any animal to graze on any District lands
other notice forbidding shooting on private property. except with written permission of the hoard.
603.2 Entering any lands, whether unenclosed or enclosed SP.'c"VION 102. HARVESTING. No person shall plant, cultivate, or
by fence, for the purpose of injuring any property harvest any agricultural crops on District lands
or property rights or with the intention of inter- except with written permission of the Board.
fering with, obstructing, or injuring any lawful
business or occupation carried on by the owner of SECTION 703. COMMERCIAL FILMING. No person shall operate a
such land, his/her agent or by the person in lawful still or motion picture, video or other camera for
possession. commercial purposes on District lands except pur-
suant to a permit authorizing such activity. This
603.3 Entering any lands under cultivation or enclosed section shall not apply to the commercial operation
by fence, belonging to, or occupied by, another, or of cameras as part of the bona fide reporting of
entering upon uncultivated or unenclosed lands where news. e
signs forbidding trespass are displayed at intervals
not less than three to the mile along all exterior
boundaries and at all roads and trails entering such CHAPTER VIII - PARK FEATURES: PROTECTION
lands without the written permission of the owner — -- -- - --- __..
of such land, his/her agent or of the person in
lawful possession, and SECTION 800. HUNTING AND Flsumc.
(a) Refusing or failing to leave such lands imme- 800.1 General. No person shall hunt, molest, disturb,
diately upon being requested by the owner of Injure., trap, take, net, poison or harm any kind
such land, his/her agent or by the person in of animal, whether living or dead, or remove, de-
lawtul posse^sion to leave such land, or stroy or in any manner dintur.h the natural habitat
of any animal.
(b) Tearing clown, mutilating, or destroying any
sign, signboard, or notice forbidding trespass 800.2 Fishing. No person shall take, net, molest, di.s-
or' huntinq on such lands, or furl)-, injure, poison or harm any fish without a
permit expressly authortzinci such activity.
(c) Removinq, i.njur.inq, unlocking, or. tampering SECTION $01. ANIMALS.
with nny lock or any gate on or leading into .
such lands, or 801.1 D�oy s and Cats Prohibited. Because it is the Dis-
(d) Wscltarq.inq any firearm, Or trict s policy Co avoids disruption or disturbance
of wildlife. on District lands, no dog, cat, or.
(c) Rnfnsing or Caili.ny to leave land, real proper- similar animal, even if leashed, shall be permitted
ty, or structures belonging to or lawfully on District lands, except for seeing-eye dogs for
occupied by another and not open to the general the blind in areas designated by the Board.
public, upon being requested to lcavf.l by the
owner, his/her agent, or the person in lawful 801.,2 Horses and Livestock, A person may ride. or use. a
onsanssion thereof. tiid io horse,jiuiiy, mule! or similar animal only on
i portions of District lands designated in site: use
and manngcmcnl: plans adopted by the hoard. Pursuant
4n a inane, i.icesnsv or other entAttemvnt of us;e yr,inted
by the► lloard, n pornnn may knop or rninf, coUln, lsarnnh,
sheep or other livestock on de;sitinat.ed Dli;Lrict lati(bi.
i
i
� 11
�J
Page nine Page tc
use (b) Waste matter means discarded, used, or le i granted by the Board, a person may keep or
raise cattle, horses, sheep or other livestock on over substance including, but not limitedoo,
designated District lands. a lighted or noniighted cigarette, cigar,"-
match or any flaming or glowing material,Mr 41
_ any garbage, trash, refuse, paper, contai r,c
SECTION 802. ABANDONED ANIMALS. No person shall abandon a dog, packaging or construction material, carcaX Nd
cat, fish, fowl, or other animal on District lands. of a dead animal, any nauseous or offensive
SECTION 803. PLANTS. No person shall damage, injure, collect, matter of any kind, or any object likely to
or remove an plant or tree or injure any person or create a traffic hazard.
Y p portion thereof,
whether living or dead, including but not limited 900.12 Littering or Dumping. No person shall litter or
to flowers, mushrooms, bushes, vines, grass, turf,
cones and dead wood located on Distrct lands. (See cause to be ITIL-ered any District lands, or dump
also Penal Code, Section 384a) . or cause to be dumped any waste matter in or upon
any District lands. It shall be unlawful to place,
SECTI_ON_804. GEOLOGICAL FEATURES. No person shall damage, in- deposit, or dump, or cause to be placed, deposited
jure, collect or remove earth, rocks, sand, gravel, or dumped, any rocks or dirt in or upon any District
fossils, minerals, features of caves, or any article lands without a permit authorizing such activity.
or artifact of geological interest or value located SECTION 901. . PARKING: PROHIBITED AREAS.
on District lands.
SECTION 805. ARC11COLOGICAL FE•._ATURES. No person shall damage, No person shall park a motor vehicle, except an
injure, collect or remove an object of authorized emergency vehicle or when in compliance
j , y j rest or
to- with the directions of a peace officer, ranger or
logical, archeological or historical interest Se District employee, in any of the following places:
valve located on District lands. ('E'enal Code Sec-
tion 622-�) .
(a) In areas where prohibited by "NO PARKING" signs.
SECTION 806. SPECIAL PERMISSION. Special permission (Section (b) 'On any fire trail.
103) may be granted to remove, treat, disturb, or (c) On any equestrian or hiking trail.
otherwise affect plants or animals or geological, (d) In such a place or manner as would block or
historical, archeological, or paleontological obstruct any gate, entrance, or exit.
materials for research, interpretative, educational (e) In such a place or manner as to take up more
or operational purposes. than one marked parking space in any author-
ized parking area.
S.- ON 807. DEFACEMENT OF PROPER'ry. Wo person shall without (f) In such a place or manner as to block or ob-
a permit cut,7carve, paint, mark, paste, or fanten struct the free flow of traffic.
on any tree, fence, wail, building, monument, or. (q) Within 15 feet of a fire hydrant.
other property on District lands, any bill, adver (h) Adjacent to any curb painted real.
tisement, directional or informational signs, or (i) Any District lands after sundown except pur-
inscription whatsoever. suant to a valid permit.
C11APTrR IX - DISTRICT LANDS OPERAT?ONS: GENERAL SECTION 902, OPERATION OF MOTOR Vr11ICLES: OFF-ROAD VEHICLES.
902.1 General. No motor vehicle may be operated on Dis=
SECTION 900. LITTERING (Prnal Code Section 374�. tr(c't' Innds except on established paved roads that
_ ---- -- ----- -~ are not cloned to the public. Motor vehicle in-
900.1 Definitions: lA ttori.ng; Wants Matter. Glades, but in not limited to, motorcycles, off-
road vehicles, "dirt bikes", and similar vehicles.
(a) Littering means the willful or negligent throw- 902.2 Exce tions
ing, dropping, placing, depositing, or sweep-
ing, or causing any such act, of any waste mat- (a) This section shall not apply to authorized
ter on District lands in other than appropriate emergency vehicles.
storage containers or areas designated for
such purposes.
Page eleven NAJ
11 ag a two 4
to
(b) This section shall not apply to areas, roads, prohibited persons within such area at the e
trails, or paths which may from time to time p
be sr.l aside and posted by the Board for tho it is so declared shall leave the same with
use et specifically designated vehicles. any appreciable delay, and in so doing shal whey
and abide by all instructions of the superviLrLnV
SECTION 903. SPEED LIMITS. No person shall drive a vehicle on District employee. at
Di—stri.ct lands at a speed greater than is reason- SECTION 906. DECLARATION OF NOISE POLICY. It is hereby Nci%ed
sable or. prudent, having clue regard for traffic on, to be the policy of the Dist.riet to prohibit un-
and the surface and width of, the road, and in no
event at a speed which endangers the safety of per- necessary, excessive, and annoying noises from all
sons, property, or wildlife, provi.ded,� however, sources subject re its jurisdiction. he certain
that in no event shall a vehicle be driven at a levels, noises are detrimental to the health and
speed greater than the pasted speed limit for welfare of District land users, and it i in the
public interest to
to systematically minimize
e such
that area.
noises.
SECTION 904. ABANDONED VEHICLES.
904.1 72 hours. No person shall permit a vehicle to be
parked or left standing within the District for
72 consecutive hours or more except in camping
areas pursuant to a valid permit.
904.2 Removal. Any vehicle parked or left standing in
violation of this Section may be removed as provided
in the vehicle Code of the State of California.
904.3 Abandonment. Whenever. a District ranger has rea-
sonabfc gzounds to believe that a vehicle has been
abandoned on District lands, the vehicle may be
removed as authorized by Vehicle Code Section 22702.
SECTION 905. PRO11TBITEO AREA. To insure the safety and health
to avoid interference in development,
construction, and management, or to provide for
the security, safeguarding, and preservation of
District lands and facilities, the General Manager
or an authorized reprencnt•ative may Crom time to
time upon such finding declare an area closed,
prohibited, or limited to further entry, and specify
the period therefor. If the order is to close an
area, the order may include such reasonable classes
of: persons who may enter therein in the conduct of
such proper activities or official duties as the
General. Manager or an authorized representative may
prescribe. if: the order is to limit the number of
persons in an area, no pp.raoll shall enter the area
unless spccifi.cally authorized by the General Manager
or an authorized representative.
When by order a prohibited or limited area has been
so declared, no person so prohibited shall during
the effective period therefor enter therein, and all
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 4 , 1983
A copy of the lease with attached exhibits is available
for review at the Midpeninsula Regional Open Space District
office, 375 Distel Circle, Suite D-1, Los Altos, California.
iI
Your Information
eferred to at your meeting
of August 10, 1983
by Barbara Weisner
August 1, 1983
Board of Supervisors of San Mateo County
Y
Dear Sir/Madam:
I am a doc-cral candidate in Architectural History at the Univer-
sity of California, Santa Barbara. I have worked at the National Regi-
ster in liashingtcn, D.C., acted as an architectural history consultant
for various Environmental Impact Reports, and coordinated the City of
Santa Barbara's Architectural and Historical Survey. I mention my
credentials because I believe that the former Hassler Health home com-
plex is eligible for the National Register and thus protected by the
various state and federal regulations that such a status implies.
This conc?.si is based on the following considerations:
1) The f=--er Hassler Health Home is one of the few survi-
Td--.b Spari_sb alo-J al Revival complexes in the region.
2) The b- rigs are basically intact and have suffered
lit 1e mo,�Td_cation or alteration since their construction.
3) The str=tares display the architecture, craftsman-
ship, and care for. details that made the Spanish Colonial
Revival California's foremost architectural style of the
2Oth century.
The Hassler complex, therefore, should be further investigated
as to its architectural and historical significance as required by
federal law whenever federal funds are involved in a project and before
any illegal steps such as demolition can be considered.
Thank you.
Sincerely,
Christopher I1: Nelson
Department of History
University of California
Santa Barbara CA
931o6
II
YM
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 3, 1983
TO: Board and Staff
FROM: D— Hansen, Land Manager, and C. Britton, Land Acquisition
Manager
i
SUBJECT: Property Acquisition: Addition to Manzanita Ridge -
160 acres
The District has acquired Ertell Property
(name of property
as of July 27, 1983
(date)
A map of the property is attached for your reference.
NOTE:
t , / _ •
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' Exhibit A - Site Map
Al
MANZIrNITA RIDGE
OPEN SPACE PRESERVE
lor; �r e I 1 1� CA
North I �` � .14, jri f
�. 1 = 2000 ��,<��``M �``�`�- ;;• n':'�--� �'� . .K
�yi' r^.\�`�- �---i"''`.L.^��.:.-r.+,,;,o✓�.�ry> 11��'�.��T7r- _���•\''"�'�YJ� �1i, �- /:.1;�1f�Z8t�ii _`l``-�^--`/'_• .
Claims 83-15
Meet' 83-19
Augu O, 1983
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
# Amount Name Description
i15273 $ 31.13 L.Craig Britton Local Meal Conference
' 274 900.00 California Advocates, Inc. Legislative Consultant Fee-July
,5275 8. 75 California Peace Officers' 1983 Legal Update Manual
Training Foundation
5276 178.00 CA Lumber Inspection Service Inspection of Redwood Deck-Skyline
Rental Unit
5277 1, 750.00 Metro Real Estate Research Appraisal Services
5278 42. 75 James Boland Reimbursement for Ranger Uniform
Purchases
5279 213.00 Communications Research Radio Maintenance Service
5280 300.00 Susan Cretekos Patrol Services-July
5281 47. 93 The Dark Room Photo Processing
282 150.00 The Jack Dymond Co. Electrical Outlet Installation
5283 35.00 Federal Licensing License RenewalFee-F.C.C.
284 95.00 First American Title Preliminary Title Report
Guaranty Co.'
285 26 ,000.00 First Interstate Bank Land Acquisition-Mt. Umunhum
5286 16.00 First Interstate Bank Note Paying Agent
5287 7.12 Forestry Suppliers , Inc. Miscellaneous Field Equipment
5288 400.00 Foss and Associates Personnel Consulting Fees-July
5289 23.29 The Frog Pond Local Meal Conference
5290 27. 78 Herbert Grench Local Meal Conference
5291 63.20 Mary Gundert Private Vehicle Expense
5292 896.56 HAI Computer Services , Inc. Computer Services for June and
Modifications for General Ledger
Report
5293 174.02 Hipp Welding Inc. Steel Straps for Signs
5294 70.47 Honda Peninsula Maintenance for District Equipment
5295 124.17 Hubbard and Johnson Miscellaneous Shop and Field
Supplies
5296 22.04 I.B.M. I.B.M. Element
'5297 55.51 Island Press Dept. Library Acquisition
Claims 83-15 August 10, 1983
zng 83-19 Page 2
Amount 0Name Ms Description
5298 $ 852.27 Interior Technology Office Furniture-Desk and
Storage Cabinets
5299 ' 929.00 JIKOJI Property Tax Refund
5300 677.21 McCormick & Baxter. Cresoting Service Poles
5301 22. 31 Robert McKibbin Co. Reimbursement for Uniform Expenses )
5302 122.32 Mobil 0il Co. Gas for District Vehicles -
5303 165.00 NRPA Computer Conference-H. Grench
'i5304 15.00 City of Palo Alto City Council Agendas
'5305 40.50, Stanley R. Norton Phone,Copying and Meal Conference
Expenses
5306 105.00 Owner Builder Senter Electrical Class-J.. Escobar
5307 39.95- PG and'E Utilities
I�5308 1,019.90 Pacific Telephone. ' Telephone Service
I15309 4.65 Palo Alto Utilities Utilities
I5310 544.95. Pine Cone Lumber Co. Lumber and Supply Bolts for Signs
Windy Hill Open Space Preserve
I'5311 29.92 S & W Equipment Co. Shop Supplies
5312 2,000.00 -San Mateo County Arts Council - Refund of Deposit for Engineering
Study
5313 845.49 Scarborough Lumber and Supply Lumbev. fo<r Bridge-Windy Hill Opei
Space Preserve
15314 118. 75 Scribner Graphic Press Inc. Printing for Deeds and Certificai
of Acceptance
315 2 ,030. 89 Shell Oil Co. Gas and Repair for District Vehi
316 41.20 Pat Starrett Private Vehicle Expense
5317 500.00 U.-S. Postmaster Postage for Meter
5318 1 ,583. 75 Utility Body Co. Ranger Truck Repairs
5319 95.00 Western Exterminator Co. Termite Inspection
5320 533. 76 Xerox Installment Payment and Supplies
5321 *250.00 U.S. Postmaster Postage for Meter
'Emergency Check-8-3-83
Claims 83-15
At83-19
Augu10, 1983
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
III Amount Name Description
5273 $ 31.13 L.Craig Britton Local Meal Conference
5274 900.00 California Advocates, Inc. Legislative Consultant Fee-July
5275 8. 75 California Peace Officers' 1983 Legal Update Manual
Training Foundation
5276 178.00 CA Lumber Inspection Service Inspection of Redwood Deck-Skyline '
Rental Unit
5277 1,750.00 Metro Real Estate Research Appraisal Services
5278 42. 75 James Boland Reimbursement for Ranger Uniform
Purchases
5279 213.00 Communications Research Radio Maintenance Service
5280 300.00 Susan Crezekos Patrol Services-July
5281 47. 93 The Dark Room Photo Processing
5282 150. 00 The Jack Dymond Co. Electrical Outlet Installation
5283 35. 00 Federal Licensing License Renewal Fee-F.C.C.
5284 95.00 First American Title Preliminary Title Report
Guaranty Co.'
15285 26 , 000.00 First Interstate Bank Land Acquisition-Mt. Umunhum
'5286 16.00 First Interstate Bank Note Paying Agent
',5287 7. 12 Forestry Suppliers, Inc. Miscellaneous Field Equipment
15288 400.00 Foss and Associates Personnel Consulting Fees-July
5289 23.29 The Frog Pond Local Meal Conference
15290 27. 78 Herbert Grench Local Meal Conference
5291 63. 20 Mary Gundert Private Vehicle Expense
5292 896.56 HAI Computer Services , Inc. Computer Services for June and
Modifications for General Ledger
Report
5293 174.02 Hipp Welding Inc. Steel Straps for Signs
5294 70.47 Honda Peninsula Maintenance for District Equipment
5295 124. 17 Hubbard and Johnson Miscellaneous Shop and Field
Supplies
5296 22.04 I.B.M. I.B.M. Element
5297 55.51 Island Press Dept. Library Acquisition
Cl Is 83-15 August 10,1983
M 'ng 83-19 Page 2 .
Amount Name Re ed Description
5298 $ 852.27 Interior Technology Office Furniture-Desk and
Storage Cabinets
5299 929.00 JIKOJI Property Tax Refund
5300 677.21 McCormick & Baxter Cresoting Service Poles
5301 22. 31 Robert McKibbin Co' Reimbursement for Uniform Expenses
5302 122.32 Mobil Oil Co. Gas for District Vehicles -
5303 165.00 NRPA Computer Conference-H. Grench
5304 15.00 City of Palo Alto City Council Agendas
5305 40.50. Stanley R. Norton Phone,Copying and Meal Conference
Expenses
5306 105.00 Owner Builder Senter Electrical Class-J.. Escobar
5307 39.95* PG and'E Utilities
'5308 1,019. 90 Pacific Telephone. Telephone Service
5309 4.65 Palo Alto Utilities Utilities
5310 544.95 Pine Cone Lumber Co. Lumber and Supply Bolts for Signs
Windy Hill Open Space Preserve
311 29.92 S .& W Equipment Co. Shop Supplies
5312 21*0OO.O0 San Mateo County Arts Council - Refund of Deposit for Engineering
Study
5313 845.49 Scarborough Lumber and Supply Lumber for Bridge-Windy Hill Open
Space Preserve
,5314 118. 75 Scribner Graphic Press Inc. Printing for Deeds and Certificate
of Acceptance
5315 2 ,030. 89 Shell Oil Co. Gas and Repair for District Vehicle
531:6 41.20 Pat Starrett Private Vehicle Expense
5317 500.00 U.-S. Postmaster Postage for Meter
5318 1 ,583. 75 Utility Body Co. Ranger Truck Repairs
5319 95.00 Western Exterminator Co. Termite Inspection
'5320 533. 76 Xerox Installment Payment and Supplies
I�321 *250.00 U.S. Postmaster Postage for Meter
5322 152.65 Petty Cash Private Vehicle Expense,Postage,
Office Supplies ,Drafting Supplies ,
Film,Copies of Records from San
Mateo,Subscription,and Heal
Conferences -
*Emergency Check-8-3-83