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HomeMy Public PortalAbout19831207 - Agenda Packet - Board of Directors (BOD) - 83-29 Meeting 83-29 (The December 28, Z983 Regular Meeting was rescheduled by the Board to this date. ) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 REGULAR MEETING BOARDF DIRECTORS Wednesday A G E N D A 375 Distel Circle, D-1 December 7, 1983 Los Altos, California *(7:00) ROLL CALL CLOSED SESSION (Land Negotiations and Litigation Matters) *(7:30) APPROVAL OF MINUTES (November 22, 1983) WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7:45) 1 . Hassler Restoration Plans -- D. Wendin (8:30) 2. Dedication and Naming of Easements Acquired From The Trust for Hidden Villa -- C. Britton NEW BUSINESS WITH ACTION REQUESTED (8:35) 3. Skyline Ridge Open Space Preserve Use and Management Plan -- D. Hansen (9:20) 4. Proposed Addition to Long Ridge Open Space Preserve - Chesebrough Property -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appro- priate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Chesebrough--San Mateo County) . Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appro- priate to Closing of the Transaction (Long Ridge Open Space Preserve--Lands of Chesebrough--Santa Cruz County) . Resolution Authorizing Acceptance of an Agreement for Purchase and Sale of Real Property, Authorizing Officer to Execute Grant Deed for Interest in Property Being Released, Authorizing Officer to Execute Certificate of Acceptance of Conservation Easement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Long Ridge Open Space Preserve--Sempervirens Fund). (9:35) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiations and Litigation Matters) ADJOURNMENT *PLEASE NOTE THAT THE PUBLIC PORTION OF THE MEETING IS EXPECTED TO BEGIN AT 7:30 P.M. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 83-28 �. 0 , MIDPENINSUL,A REGIONAL OPEN SPACE DISTRICT 375 DISTIL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)9654717 SPECIAL MEETING BOARD OF DIRECTORS NOVEMBER 22, 198 MINUTES I. ROLL CALL President Daniel Wendin called the meeting to order at 7 : 05 P.M. in Room 298 of the San Carlos City Hall, 666 Elm Street, San Carlos. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Marry Turner, and Richard Bishop. Nonette Hanko arrived at 7: 12 P.M. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Stanley Norton, Jean Fiddes, Charlotte MacDonald, and James Boland. II. CLOSED SESSION The Board recessed to closed session on land negotiation and litigation matters. The Board reconvened for the Public Meeting in the San Carlos City Council. Chambers at 7 : 35 P.M. :III. APPROVAL OF MINUTES A) November 2 , 1983 J. Fiddes stated the minutes being considered for approval were incorrectly dated and were the minutes for the October 26, 1983 Regular Meeting. Motion: N. Hanko moved the approval of the minutes as corrected. K. Duffy seconded the motion. The motion passed unanimously. IV. WRITTEN COMMUNICATIONS J. Fiddes stated the Board received written communications from the following individuals or groups favoring the preservation of the Hassler buildings and the San Mateo Arts Council ' s proposal for an arts and nature center: 1. Susan Trubow, Peninsula Serigraphers, San Mateo; 2. Nicholas Isaacs, Corresponding Secretary, Music Teachers ' Associ- ation of California, Palo Alto Branch; 3. Marguerite L. King, Los Altos; 4 . Frederick Wells, Supervisor of Performing Arts, City of Palo Alto; 5. Thera Rabinowitch, Palo Alto; 6. Joseph E. Judge, Past President, Brittan Heights Condominium Association, San Carlos; 7 . Roberta Wood, Sunset Drive, San Carlos; 8 . Tannisse E. Brown, Palo Alto; 9 . Marcia Szabo, Cupertino; 10. T. Jack Foster, Foster Enterprises, Ltd.,, Foster City; 11 . Sandra Goodwin, Atherton; 12. Sheila V. Sardi, Mountain View; 13 . Dana Marie Bunnett, Coordinator, San Mateo County Very Special Arts Festival; 14 . Joseph Saitta, Palo Alto; Hem=^A G er,,r Ger erar.Manager Board of Directors:Katherine Duffy,Barbara Green.Nonette G Hanko.Richard S.Bishop.Edward G.Shelley,Harry A.Turner.Daniel G VWtnd:n Meeting 83-28 Page two 15. Eleanor and Cy Jobson, Brittan Avenue, San Carlos; and 16. Irving Klein, The California Music Center, Inc. , Morgan Hill . She said Mr. and Mrs. Joseph Rick, Leslie Drive, San Carlos had expressed their opposition to retention of the buildings via a telephone call. She stated the Board had also received a letter from Suzanne Brillhart, Sandra Blackburn, and Debbie Powell of Fremont requesting that Canyon Trail be reevaluated, that markings be posted at unclear points, and that they be reimbursed $20. 00, the amount they paid a person to drive them back to their car after becoming lost on Canyon Trail; a letter from Thomasene Dutton, Los Altos, regarding the upper house at Rancho San Antonio and stating it is her hope that possible future use of the house will not enhance the over-use problems the preserve may soon face; and an invitation from Phyllis Cangemi to attend the Whole Access Project' s Training Program for Administrators and Policy Makers on January 12, 1984. V. ADOPTION OF AGENDA The agenda was adopted as presented by Board consensus. V1 . ORAL COMMUNICATIONS There were no oral communications. VII . PUBLIC HEARING Status of the Hassler Site Restoration Plans After reviewing the procedure that would be followed, D. Wendin declared the Public Hearing open at 7 :46 P.M. Walt Worthge, President- of the San I'Mateo Arts Council, expressed thanks to the Board for placing the matter on the agenda, to various public offi- cials, including Congressmen Zschau and Lantos , . and Assemblyman Naylor, the San Mateo County Board of Supervisors, and the San Carlos City Council for supporting the Council 's proposal, and to other agencies and individuals who had given support to the Arts Council 's project. He said the Council wanted to preserve a major asset in San Mateo County that could be used for many generations to come, and noted he hoped the Council 's presentation tonight could relieve some of the frustrations, anxieties, and misunderstandings that some people, particularly the Brittan Heir-thts residents, had about the project. Barbara Wiesner showed the Council 's slide presentation, A Creative Center for Arts and Nature. Ruth Waters discussed materials she had distributed to the Board, in- cluding the Adamson and Associates report that included rehabilitation and operating costs estimates. She outlined the manaaement structure of the arts center and said projected annual operating costs would include salaries, maintenance, and utility costs, which the Council hoped would be balanced by projected revenues . She noted restoration costs, based on information from Adamson and Associates, were staggering from the point of view of fundraising and that the Council was looking at what had to be done in terms of restoration, as opposed to what could be done, as well as how volunteer efforts could be utilized to reduce costs. She stated that Option F-- (the two houses, the first three tiers of buildings, and the garage) , rather than costing $1 . 5 million, could be accomplished for $496 , 000 if volunteer help were used for much of the work. Meeting 83-28 Page three Nancy Jalonen, Executive Director of the San Mateo Arts Council, dis- cussed funding for the project. She noted efforts had been . directed to major donors, and to date the following pledges had been received . $25,000 from David and Lucille Packard, either through their foundation or as individuals, and $10,000 from, Dr. Stanley Hanfiing, who had also offered to raise '$150, 000 in the next six to twelve months, and $2700 in small contributions. She said the Council had obtained a line of credit or loan from the Bank of America for the amount of $115,000 that was guaranteed by one of the ifunders. She said some potential pledgers are waiting to see the actions and decisions taken by the District's Board. She noted there was also the potential for a successful grassroots fundraising effort. Arlen Gregorio, Chairman of the San Mateo County Board of Supervisors, noted Supervisors Ward and Eschoo had wanted to attend the meeting, but could not, due to previous commitments. He said the Board of Supervisors had been touched by the Arts Council 's hope and vision through their infectious enthusiasm and discussed the seed money that had been given the Council to pursue further the project. He noted the third element of the seed money contract was for the Arts Council to demonstrate that there was community financial support for the project, stating the Council was to raise $200, 000 by December 1 . He stated that if the $200, 000 were raised, there would still be a great deal of fundraising to do. He noted there were some legitimate concerns, including potential loss of grant funds, the assessment district, and on-going costs, but noted these concerns added to the challenge of ful- filling the miracle of what the Arts Council says it can achieve. Bill Schumacher, - San Mateo County Supervisor, stated the Supervisors were unanimous in wanting to see something positive arise from this situation. He noted the Supervisors had rejected the City and County of San Francisco's request to upzone the Hassler property and had contributed $100, 000 toward the acquisition of the property. He said the Supervisors felt they had a partnership with the District, adding they also had a commitment to arts and the San Mateo Arts Council which receives funding from the County. He said the Supervisors did not want to be adversaries of the District and that the Arts Council and the District should work towards compromise in the matter. Victor Stoltz, a member of the San Carlos City Council, discussed the City's position and read from a letter, resulting from a June 13, 1983 Council meetina. , regarding the Arts Council 's proposal, which included the statement " . . .the Center would be such a tremendous asset to the region that we feel the Arts Council should be given an opportunity to provide the solutions that meet with your Board's approval . . . " . Speaking as a mer=er of the Arts Council Advisory Committee, he spoke in favor of the Council ' s proposal and discussed the benefits of the proposal, noting the District collects tax funds from San Mateo County residents, that irittan Heights residents would continue to have the open space and recreation for which they assessed themselves; that surrounding cities and their artists would have the benefit of the buildings made available to them at a low cost; the property could have maximum use; and the value of the property would be increased because of the existence of the buildings. Meeting 83-28 Page four Bill Steele, San Carlos City Council member, urged the Board to find a way to meet the obstacles inherent in this proposal since, if it were to come to pass, a cultural center would be a great asset to the area. He noted the Council, referring to the June 13 meeting, felt the final decision was the District's . Noting that although he did not consider the Center a violation of open space, he said. hefelt the members of the assessment district had a lecitimate concern. Joan Williams, Administrative Assistant for Congressman Ed Zschau, expressed Congressman Zschauls strong support to preserve the buildings for an Arts Center, his feelings that this was a rare opportunity to match the arts and nature, and that he hoped it could be worked out. Bob Newmark, representing the San Mateo County Historical Resources Advisory Board, urged the Board to preserve the Hassler buildings, noting the buildings were not old and provided a history of how tubercu- losis had been treated. He said the Board felt the Arts Council 's plans were very possible. He said he was a member of the Sierra Club and personally did not find the buildings to stand out as an obtrusive mass . H. Grench reviewed portions of the staff report (memorandum M-83-134 of November 16 , 1983) and discussed the main reasons the Board had voted 5 to 2 on July 27 , 1983 to proceed with the removal of the Hassler buildings and proceed with the restoration of the site to its natural condition. He said the main reasons given to proceed with the removal of the buildings included the absence of proof that the texts Council could raise necessary funds; potential traffic problems; the fact that limited District funds are raised for and should be spent on open space, not cultural facilities; the District is not in the business of being a landlord and having the ultimate responsibility for such intensive activities as proposed by the Arts Council; that the neighbors of the site had been promised and expected the buildings to be removed and the site restored to its natural condition as part of the movement to raise $300, 000 through assessments; and that the District could most probably have had the undeveloped portions of the site protected and trails provided at no cost at all if the District had been willing to go along with development or redevelopment of the site ' s building area. He noted that the Board minority either took exception to the reasons stated or felt they could be overcome, felt that the buildings were attractive and should be utilized for public purposes, and thought that a fine marriage of the arts and open space would result. . He clarified that the demolition bid to remove the buildings and restore the site to its natural condition was $236 , 000 . He noted that the Dis- trict could lose up to $1.1 million in federal grant funds if the Arts Council ' s project were to proceed, and stated that if the area of the buildings were to be carved out of the area to be funded by the grant, the remainder of the property would have to have a value of $2. 2 million in order for the District to receive $1. 1 million in grant funds. Ile said the area containing the buildings was the heart of the property and potentially the most important area for open space uses and said arts center uses were incompatible with quiet open space uses of the site. C. Britton explained the process involved in determining the value of the property, noting the District had an approved appraisal for the property on file with the State in the amount of $2. 5 million. He said that if only two or three tiers of the building area were carved out of the grant, the District could lose $200, 000 in grant -funds since the value of the remaining property would only be $1 . 8 million. He reviewed Pgetinq 83-28 Pacre five slope density and geological maps of the site and various development scenarios for the property noting that the existing footprint of where the buildings are currently located is the area where any development would occur, and if the buildings were retained, most of the developable areas would be wiped out, thus decreasing the fair market value of the property. He stated he thought it would cost the District about $20,000 to figure out the carve out area and get necessary appraisals and that the grant funds available after the carve out of the entire building area would be a loss of approximately $600,000 in grant funds. D. Hansen reviewed the proposed open space uses for the property, noting the heart of the property is where the buildings are currently located and that the buildings were a visual intrusion on the site and not a part of nature. He stated that the building area could be an open meadow through which hiking and walking trails would pass. Noting that the area provided the best views of the Bay, he said people could use the meadow to enjoy the views, fly kites, have picnics, .and paint paintings. He stated that the District would be going backwards if a lot of traffic were introduced on the site and that he felt the Arts Council' s proposal was an intrusion on open space values. Craig J. Mathias, a member of the Brittan Heights Condominium Associ- ation's Board of 'Directors and Chief Financial Officer, speaking in behalf of the Association's Board of Directors, stated the Brittan Heights homeowners had seen fit to tax themselves in the interest of the envirorLment to preserve the vanishing open space in the area; that their contribution had helped to make the Hassler acquisition a reality; and that theyhad no special interest group in mind when they taxed themselves. He questioned where the Arts Councilwas between the years 1978 and 1982 when the assessment district worked to preserve the land and why the Council felt they had a claim to the property. He stated the residents of Brittan Heights wanted the property to be open space and said the Board of Directors of the Brittan Heights Condo-minium Association would not allow Hassler to be used for any special interest purpose. He urged the District's Board to reaffirm its stand. Edward French, President, Palomar Property Owners Association, said the Association favored the preservation of the Hassler buildings, noting they were a valuable asset for community use. Clarisse Eber, 3341 Brittan Avenue, #2, San Carlos, speaking as an employee of the University of California, noted she had been assessed for open space and recreation purposes and spoke in favor of preservina the buildings for an Arts Center. She stated the medical history of the buildings was essential to relating the history of tuberculosis treatment, discussed the medical history of the buildings, and expressed the support of other individuals to preserve the buildings . She dis- cussed the ramps as a valuable asset for use of the site bythe physically disabled, and use of the barns by 4-H members. Dana Bunnett, Coordinator, San Mateo County Special Arts Festival Comamittee, expressed her support for the Arts Council 's proposal, noting how disabled artists would benefit from the preservation of the buildings and the -,ossible use of a large room for an on-going day program in the arts for emotionally and physically disabled. She said the proposal would allow art to become accessible. Seeting 83-28 Page six John N. Thomas , 3295 La Mesa Drive, #8, San Carlos, expressed his opposition to the Arts Council 's proposal, noting members of the assess- ment district assessed themselves $600 each for open space. he stated no other group had come forward to help purchase the property. He said that if the Arts Council "won" , he would ao to court to get the assessment district's money back, as well as challenge the Board of Supervisors ' authority to use $25, 000 of taxpayers ' money for the project. George Kirk, Assistant Chief of the Palomar Park Volunteer Fire Depart- ment, noted his group had trained at the Hassler site since 1972 and will continue to provide fire protection when called to the site. He said the Department favored utilization of the buildings in some con- structive way and expressed his support for the Arts Council 's project. Elia Van '_uyl, 4017 Middlefield Road, Palo Alto, a member of the Advisory Coz.mittee to preserve the Hassler facility, but speaking as a District constituent, expressed his support for the Arts Council ' s proposal. He noted the disabled, elderly, youth, and children could use the site and it would help meet the needs of the District's con- stituents. He said the only people opposing the Arts Council 's project were members of the assessment district and urged the Board to keep in mind the needs of all its constituents. Karl Schmidt, a teacher at Foothill College and a choir director in Los Altos, discussed the buildings ' inspirational value and noted the buildings could provide retreat access for schools, community groups, and churches and thus, be an asset to the community. Richard Hill , a member of the Board of Directors of the Brittan Heights Homeowners ' Association and the group that had helped form the assess- ment district, expressed his opposition to the Arts Council 's proposal, noting the members of the assessment district had put their money where their mouths were to help acquire the property. Ile said he felt be- trayed, noting residents had assessed themselves for open space, not noise or concerts. Lou E. Howard, a past president of the Brittan Heights Condominium Associ- ation, spoke against the Arts Council 's proposal . He discussed some of the history to save the Hassler site prior to the District's involve- ment, noting the State Department of Corrections had found the buildings unsuitable for a prison since they were not built to earthquake standards, said ha assumed that since the buildings were not suitable for a prison., they were not suitable for an arts center, and noted that in 197E the City of San Carlos said it could not participate in the acquisition of the Hassler property due to the constraints of Proposition 13 . Mr. Howard stated that the members of the assessment district had been told the Hassler property would be open space with no comrcercial ventures on the property, and said the Arts Council now wanted to share in the action, noting the Council wanted to usurp the Hassler project and had no right at this late date to capitalize on the assessment district's effort and money . Jim Goesser, 222 Frances Lane, San Carlos, stated the buildings were a valuable San Mateo County resource and should be preserved. He dis- cussed the amount of support for the project coming from San Mateo public officials and said he felt the project was worthwhile. Ellis Rother, 903 Sunset Drive, San Carlos, a former mayor of the City of San. Carlos , stated he was also speaking for Joseph Judge. Ile said Hassler had been saved from development and preserved for open space and said the Arts Council P F project does not violate open space uses and makes valuable buildings available for public use. He expressed Meeting 83-28 Page seven his support for the proposal . He said groups had not come forward earlier and made proposals for use of the property since it had been owned by the City and County of San Francisco. Wayne Swan, 240 Kellogg Avenue, Palo Alto, spoke in favor of the Arts Council 's proposal, said there is a super abundance of open space already in the area, the heart of the Hassler property where the -buildings are is only 7% of the total acreage and is already developed, and people are losing open space, noting the sale of school sites for urban development. He said the Board had a great resource and opportunity and should adapt the structures to more creative use. Edgar Gihnan, 3350 La Mesa Drive, #4 , San Carlos, expressed his opposition to the Arts Council 's proposal , noting traffic problems are being gen- erated on Crestview Drive. He discussed noise that would result from the proposal and said nothing would be the same if the arts center were developed. He said he had been promised and paid for open space and that is what he wanted. Fred Endicott, 3336 Brittan Avenue, #14, San Carlos, stated several thousand volunteer hours over a two year period had gone into the formation of the assessment district. He said the effort that had been put into the formation had been done with the understanding the land would be kept as open space. He said the philosophy and purpose of the Open Space District was not to create intensive use of the land. He questioned the use of the buildings such as the dormitories, the amount of noise that would result from an arts center, the impact on wildlife which is abundant in the area now. He said it was not the District's purpose to support- the arts and that he did not support the Arts Council 's proposal. David Harris, 4204 George Avenue, #3, San Mateo, expressed support for the Arts Council 's proposal, noting he felt part of the heritage of the area was on the blocks. He cited the loss of the Mills Estate and the Sixteen Mile House in San Mateo County. He stated grass roots advocates of the Council ' s proposal would assess themselves to support the proposal which could benefit the entire County. Ross A. Frazier, 3368 La Mesa Drive, San Carlos, stated that seven years ago only Brittan Heights residents were interested in saving the Hassler property from development. He said the Arts Council was a Johnny-come- lately who wanted to be now a part of the assessment district ' s action to preserve the property as open space. He noted it was understood by members of the assessment district that the buildings would be torn down and the land restored to its natural condition and said that if the buildings area was carved out, no open space would be left and what was left would be dominated by the buildings. Jim Federer, 4008 Haines Avenue, San Jose, stated he was representing Parents Helping Parents and United Cerebral Palsy, noted he was speaking as a parent of disabled children, and said disabled people needed open space where they could interact with other individuals . He said the Hassler buildings were a unique asset to the disabled community, that he was not advocating use of the buildings by any one group, and that the buildings should not be demolished. Bob Lanzone, 2325 Eaton, San Carlos, stated he owned a unit in Brittan Heights and voted for the assessment district. He expressed his support for the Arts Council ' s proposal , noting noise and traffic problems could be controlled . He said the Arts Council ' s proposal would benefit the entire community, that the Hassler buildings existed when people bought units in the Brittan Heights .deve lopment, that if Meeting 83-28 Page e1qnt the area were pristin pen space, it would be p_ ate open space for only Brittan Heights residents, and that the Council 's proposal was of outstanding cultural value. Pat Keller, Keller and Daseking, Architects, Menlo Park, an architect employed by the District for the Hassler project, discussed the con- -struction estimates prepared by Adamson and Associates, noting various items were not included, such as insulation costs, Titli� 24 energy requirements, underground utilities, and the use of the boiler. He said actual square footage costs would be much higher than quoted in the report. He also discussed California and San Mateo County building codes for use by the handicapped and noticed the ramps do not comply with current codes and discussed the slopes in the buLlding area. Mr. Keller said the buildings do not meet seismic requirements and were no better than the buildings in Coalinga. Jerry O'Donnell, 3355 Brittan Avenue, ITr4, San Carlos, expressed his opposition to the Council 's proposal, noting the site would be re- stricted to a few, rather than open to everyone. He said open space was not walking by studios reading plaques, viewing named wings, and paying user fees . Cliff Nelson, 416 Pearl Avenue, San Carlos, expressed support for the Council 's project, noting the San Carlos City Council amd the San Mateo Board of Supervisors also supported the project. He said he hoped the buildings would not be destroyed because of their architectural and historical significance. Elliott Klein, 140 Beulah Street, San Francisco, a member of the Arts Council ' s staff, suggested that, if Brittan Heights .residents had been led to believe the buildings would be removed, their assess- ments be returned and they be given the freedom of choice of supporting the Hassler acquisition. Robert Dehner, 165 Leslie Drive, San Carlos, a member of the assessment district, stated he strongly opposed the Council 's proposal as it violates the concept of open space and constitutes the arts Council 's private use of public land. He urged the Board to get on with making the land open to the public. Jack Sutorius, 2030 Waverley Street, Palo Alto, compared the Arts Council ' s proposal to the dream of forming the District, stated he felt the proposal was wholly in concert with open space policies and objectives, hoped the Board could find conciliation nor the many needs and conflicting interests expressed during the meeting, and said the Board now had an opportunity similar to what a small group had in 1970 when the idea of the District was created. Bob Fissel Star Route 2 , La Honda, stated the Board should consider the amount of volunteer effort involved with the Arts Council 's proposal and look at the proposal from a proactive role. He said the money Z collected from the assessment district may have to he refunded, that the Board should put up a matching grant for the Arts Council , and urged the Board to be more concerned with uses of the landi, rather than acquiring more land at this time. Pamela Mengers, 216 Oak Avenue, Redwood City, discussed the role of art and the artist in society, stated she felt the arts in general should be supported by society, noted the benefits that would result with artists working together in the Hassler buildings , rather than being isolated, and expressed her support for the Arts Council ' s proposal . George Duggar, a member of the Arts Council ' s Board of Directors , focused his remarks on Mr. Keller ' s remarks regarding the buildings ' Meetinq 83-28 Page nine rar^ps, noting Mr. Peter Margin from the Center for the Independence of the Disabled had stated the buildings on the whole lend themselves easily to meeting standards of accessibility for physically disabled. Nancy Jalonen stated most of the opinions held on the issue had been expressed, that the problems that the issue has raised have been raised by people and people can solve problems, that the problems can be solved by people of good will working on them, that the project had provided joy, inspiration, excitement, and the possibility to do some- thing significant for society, and that the decision is now up to the Board. D. Wendin closed the Public Hearing at 10: 30 P.M. Victor Stoltz stated the demolition of the buildings was not mentioned in the petition that was circulated to form the assessment district. Sylvia Ferguson, 707 Continental Circle, Mountain View, stated she identified strongly with the Arts Council and that the lack of opposition to the project coming from the other wards should be taken into con- sideration by individual directors. She discussed the amount of money the City of San Francisco had spent to protect the buildings. N. Hanko questioned whether anything had been done in the Arts Council 's fundraising efforts that would tie the Council to a particular alter- native with respect to the size of the project. She noted she was interested in this information because of the possible loss of grant funding from the Land and Water Conservation Fund because of the larger number of buildings mentioned in some of the alternatives. Ruth waters said that Paul Koenig, Environmental Planning Manager for San Mateo County, had stated the potential loss of grant money due to a carve out is anon-existent issue and that he had said Congressmen Lantos ' and Zschau's offices had told him that if there was any loss of grant funds, they would do everything within their power to see that it would only be a few dollars. In response to Director Hanko's question regarding which number of tiers appealed most to the donors, Mrs . Waters said that potential donors see potential for the entire building site and cannot understand why the Arts Council would want to sacrifice any ,of the buildings. She said she recognized there had to be a meeting of the District's intent and money before coming to any resolution. She stated that Governor Deukmejian's office was looking for a suitable place for a State- sponsored music master class and representatives would tour the Hassler property to evaluate the potential. Barbara Wiesner stated most of the donors see the project as a whole site. She stated she could not speak for the Packard family, but said Dr. Hanfling viewed the project as a total site vision. She said the Board should realize that the pledges were based on the Board's decision and vision. She said donors did not understand reducing the project by two tiers and that the upper two tiers would serve community organizations who wanted to spend a day in the wilderness. She stated use of the dormitories was part of a vision that was in progress and not in the final stage. In response to a question from D. Wendin regarding costs concerning boilers, underground utilities, and sewers, Ruth Waters stated all utilities were currently underground and a contractor had checked the boilers . She discussed seismic bracings, the energy coefficients of the buildings, and whether a sprinkler system would have to be added where it did not now exist. Meetinq 83-28 Page ten I R. Bishop asked what the Council considered as fundraising goals for completing Phase I of the rehabilitation, specifically the work that would have to be done by professionals to do basic restoration, with Phase II to be done by artists themselves to improve the working space. In response, Ruth Waters stated she considered Phase I to be restoration of the basic utilities, rehabilitation of the two houses and the first three tiers, and approximately $200,000 would be needed. She said work would proceed in phases and fundraising efforts would be on-going. N. Hanko explained the reasons she did and does continue to support the Arts Council proposal. Referring to the nine items addressed in the staff report, she stated the potential loss of federal funds would be overcome; the Arts Council had shown they can raise the money the Board of Supervisors had requested; the District, by agreement, should control traffic uses and compatible uses on the site; limited District funds should not be used for demolition and the $236,000 would be better spent as a contribution to the restoration of the buildings; the buildings allowed for use by the elderly, handicapped, youth, a large constituency of artists and those who enjoy the arts; there is an existing environment of trees and shrubs on the site for which the District should be concerned; the District should not accept the responsibility for the restoration and that San Mateo County is better suited for this task; she is not convinced that a majority of the assessment district members would be unwilling to support the proposal if the District were to ensure positive uses and have District controls over abusive uses; and the proposal was a public use. She said the District had the opportunity to cooperate with San Mateo County on a project in which environmental education would be a partner of the arts, and added inspiration and creativity deserve environmental protection. H. Turner requested that an item be placed on the Decerruber 7 agenda to reconsider proceeding with the demolition. He noted he had initially been concerned with how to do the Arts Council proposal , not whether to do it, but added the costs and risks to the District could be over- whelming. He said that under the stipulation of the grant, the District could not use the $236,000 for restoration; that it was still undetermined whether $600 ,000 of grant funds would be lost; that the assessment district had been formed with the understanding the buildings would be removed and the District's credibility was at stake; that the project itself was not a mainline District mission and meets the County's objectives; that San Mateo County should take over the project, including the costs and risks, and that there were significant costs associated with further delays and increased costs if the San Mateo Arts Council could complete the project. R. Bishop discussed the need for the District to use its money to acquire and manage open space. He noted the Hassler acquisition had cost the District more than expected and the federal grant and con- tribution from the assessment district had helped significantly to purchase the property. He cited the loss of grant funds, the need to keep the faith with the assessment district members who had been told the site would be restored to open space, save one or two of the smaller buildings that could be used as Ranger residences, the increased costs to the District if the Arts Council is not successful in over- coming obstacles, and the expiring bid from the demolition contractor. He stated he did not favor delaying making a decision and said the Board should tonight reaffirm its decision- , which he favored, to remove the buildings . He noted the demolition costs could be raised by a substantial amount if the bid expires. meetinq 83-28 Page eleven E. Shelley stated th-,, although he had heard a, -.Ltional public and political support for the project tonight, he had not seen a significant change in the problems that had led him to reject the proposal the very first time it came before the Board. D. Wendin noted that, while the Arts Council clearly understood the District controlled the scope of the project as a landlord, theycere out selling the maximum scope of the project, pointing out the slide show discussed a large variety of uses and opening access from the vista point on Interstate 280. He said an incredibly large amount of public use was being created, but the District was not the solution, adding the project was in the wrong place. He said he was troubled by the assessment district, the loss of grant funds, noting Mr. Koenig had told him $200,000 could be lost, and the question of sewer rights. He said the District had already contributed $2 million to this project and $236,000 should not be spent on the Arts Council 's project. He stated the Board's Liaison Committee had been discussing with reDre- senta-11-ives from the San Mateo Board of Supervisors what it would mean for the County to take over this project, and said Supervisor Gregorio had made a tentative commitment to place this item on their December 6 aaenda. He stated he felt the Board would not allow the project to go forward without such a commitment from the County and urged the Arts Council to get such a commitment from the County. K. Duffy stated she had supported the Arts Council 's Proposal, expressed her concern that members of the assessment district felt they could dictate exactly what types of open space activities would occur on the site, and said, because of the enormous risks to the District, it was important to try to get the County to assume the financial risks involved with the project. D. Wendin asked for Board consensus that the Liaison Committee continue to work with County representatives on getting the County to assume the risk of the project. There was no objection to this assignment expressed by any member of the Board. D. Wendin clarified that there are enor-nious risks involved and even though the County may indicate a willingness to assume some or all of the risks, members of the public should not construe the Board' s direction to the Committee as a commitment to undo the vote that had been made to remove the buildings . T. Henshaw stated that unless factors were to change, she would support the majority of the Board in the decision to remove the buildings . Motion: H. Turner moved the Board place as an agenda item for action at its December 7 meeting reconsideration of the Board's urior decision to demolish the Hassler buildings. N. Hanko seconded the motion. Discussion: R. Bishop stated he would vote against the motion since he did not feel the Board of Supervisors could come to any meaningful decision in such a short period of time and that the District was placing itself in Jeopardy by not accepting the contractor's bid by December 5. ALES : D. Wendin, N. Hanko, K. Duffy, T. Henshaw, E. Shelley, and H. Turner NOES : R. Bishop VIII . 31.-SINESS WITH ACTION REQUESTED A. nand- of The Trust for Hidden Villa (Formerly Hidden Villa, Inc. ) - Acc,uisition of Open Space Easements C. Britton reviewed report R-84-46 of November 17 , 1983 regarding the. second easement that could be acquired from Hidden Villa which included the 50 acre ranch area and a 348 acre wilderness area. He said the cost INeetim 83-28 Paqe twelve of the easement pure e was $265,426 .20 and ex} ined an apparent dis- crepancy of 48 acres was discovered during recent negotiations, noting that staff had accepted Hidden Villa' s acreage estimates for the purposes of this transaction and that staff would return to the Board for approval of any recommended compromise. Motion: K. Duffy moved the approval of Resolution 83-49 ' a Resolution of the Board of Directors- of the Midpeninsula Regional open Space District Authorizing officer to Execute Certificate of Acceptance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Lands of The Trust for Hidden Villa) . T. Henshaw seconded the motion. The motion passed unanimously, with N. Hanko not present for the vote. B. Rancho Lower House Roof Repair Bids D. Hansen reviewed memorandum M-83-155- of November 12 , 1983 regarding bids to re--oof the lower residence and garage at Rancho San Antonio Open Space Preserve. He noted that Guy's Roofing did not have the lowest responsible bid since the company' s bid did not include the required fire- proof layer of sheet rock for a shake roof and declined to furnish a bid for a fiberglass composition roof. He said staff was recommending the approval of the $9,472 bid from Roofing Services Company as the lowest responsible bid for the project. Motion: D. Wendin moved the Board authorize staff to award the contract to Roofing Services Company for an amount not to exceed $9 , 472 for reroofing the lower residence and garage at the Rancho San Antonio Open Space Preserve. E. Shelley seconded the motion. The motion passed unanimously. IX. INFORMATIONAL REPORTS _. H. Grench stated the legal research being done on the use of Grandview Drive and Espinosa Road had not been completed and should be furnished in December, at which time the staff 'would arrange a meeting with the homeowners involved. K. Duffy questioned staff about the Written Communication from the indivi- duals who had become lost on Canyon Trail. J. Boland stated staff had contacted the individuals involved and said a sign would be reinstalled at the trail junction in question. The Board requested a letter of apology be sent the hikers. D. Hansen reminded the Board members of the December 3 invitation from the Stortzes to tour Picchetti. Staff was requested to consult with S. Norton on whether notification was required for the event. T. Henshaw stated she had attended the November 18 Ranger meeting. X. CT I.1,1S LA D. Wendin moved the approval of the Revised Claims 83-22 of November 22 , 1983 . K. Duffy seconded the motion. The motion passed unanimously. XI. CLOSED SESSION The Board-did not hold a Closed Session during this part of the meeting. XII . ADL]TOUPN?%1ENT The public meeting was adjourned at 11:45 P.M. Jean H. Fiddes District Clerk Claims 83-22 ?Meet- , 83-28 P:ove _r 22, 1983 Revised 141DPENLINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S Fr_ouat Name Description 5810 $ 12.CO =_erigas Oxygen/Acetylene Refill All 42-19 Ban roft-vTnitney Co. Resource Documents 5812 5.33 :'_thew Bender & Co. Resource Documents 5813 28.34 L. Craig Britton Local Meal Conference 5814 160_77 C_ Safety and Supply Co. Rain Gear for Rangers '5815 21.14 C.=:d°n Rentals Miscellaneous Supplies 5816 104.56 Ci Water Service Co. Water Service-Rancho San Antonio Open Space Preserve 5817 213.00 Co=mications Research Co. Radio Service $818 85.74 The Dark Room Photo Processing $819 200.00 First American Title Preliminary Title Report insurance Co. 45820 43. 79 The Frog Pond" Local Meal Conferences '821 43.15 Graphicstat Artwork Enlargement y92? 364.00 Herbert Grench Travel Expense-NRPA Computer Conference 1823 35 .04 Lucia Ham✓ar Reimbursement for Rental Repair Work $824 76.53 Harbinger Communications Computer Services-Onensvace Mailing List 5825 217. 78 ::oneywell Protection Services Burglar Alarm-Ramer Office - , 826 528. 00 --teller & Daseking, Architects Architectural Services-Hassler 827 ?25 . 05 Los Altos Garbage Dumpster Service-Ranger Office 5828 2 ,077. OS ::illiam P. :11urphy, County Tax Property Taxes-Long Ridge Propert Collector 5829 73:). 05 ::able Ford Tractor, Inc. Accessories end Repair for Ford Tractor MO 7013. 35 On-Line Business Systems, Inc. Computer Services-Aug. and Sept. 5831 255 .04 Orchard Supply Hardware Miscellaneous Field, Shop and Plumbing Supplies 5832 125 . 35 jG and E Utilities �833 �?5 . 55 Sete Ellis Dodge District Vehicle Repair �834 8 , 3 Pinklerton' s , Inc. Guard Service-Hassler I�835 15 3 -recision Engravers , Inc. Namebadges for Rangers I A=,Ont Is ,: Description 58.36 $ 56.07 S & W Equipment Co. Equipment Reoair 837 1 6L. 33 Scribner Graphic Press Inc. Printing-Rearint of 5000 All-Site Brochures j838 239 .24 John S. Shelton, Inc. Construction, Materials-Rancho San Antonio Open Space Preserve 5839 09.60 Del Woods Private Vehicle Expense . 5840 305 . 30 US Rentals Backhoe Rental 1',841 15. 60 ::mion Oil Co. Gas for District Vehicles 5842 200.71 Xerox Corporation Final Installment Payment 5843 2 ,500.00 Kurt-- L. Reitman & Associates Appraisal Services 5844 265 ,425.20 The Trust for Hidden Villa Open Space Easement Purchase 5845 1-85.24 Patty Cash Postage,zis cell aneous Office Suppli.es,Priza4e Vehicle Expens Copies,Lock. Repai:•rs and Keys, Shop Supplies ,Computer Seminar, Local 'teal Conferences , and Addit=_oral Petty Cash Fund of $50.00 at the Ranger Yard. Testimony for the Public iearing to the Mid-Peninsula Opp.. Space District on Tuesday, Nov. 22, 1983. FOR HASSLER HEALTH HOME PRESERVATION TO: President Daniel Wendin My name is Clarisse Eber, and I live at 3341 Brittan Ave. #2, San Carlos, in one of the Brittan Heights Condominiums, overlooking the brilliant green mountains that surround the red-tiled rooftops of the Hassler Health Home. The color contrast is very pleasing to the eye, and that is the reason I chose that location. I am most interested in medical history because I, have worked at the University of California, San Francisco Medical Center for 26 years. I urge you to preserve the Hassler Health Home, and I plead for its life, so to speak, for all the reasons previously stated by the San Mateo County Arts Council. But in addition, I wish to state that the medical history of the build- ings is vital to the younger generation and to those that follow to show how tuber- culosis patients lived and were treated before the discovery of antibiotics in 1944. Mr. Leo Walsh, formerly a non-medical hospital administrator at Hassler from 1960-1972, has given us some historical documentation in the form of scrapbooks and newspaper clippings. He is a resident of Redwood City and deeply regrets that a prior commitment prevents his attendance here tonight. He wants us to emphasize that we must remember that tuberculosis patients gave up a major portion of their lives to live in isolation, fighting for a chance to survive. At that time, it was most important that fresh air, good nutrition and good nursing care with the added occupational therapy, namely, the arts and passive recreation be provided. My concern is that we preserve history - not destroy it. Dr. Gert Brieger, pres- ently the Chair of the Medical History Department at the University of California San Francisco, strongly supports our position and will check with his ten doctural candidates to see if one of them can take on this subject for his/her thesis or dissertation. Dr. Francis Curry, formerly the Deputy Director of the Hassler Health Home, has given us invaluable leads to locate former nurses and employees who had devoted- ly given of their time to care for the TB patients. We have a fascinating obituary of Dr. Hassler, including his picture, in which it not only states that he was the Director of the Hassler Health Home, but that he played a very important role in preventing the spread of bubonic plague in the 1906 earthquake and fire in San Francisco. Dr. Curry has agreed to supervise the establishment of rooms in which to place historic plaques depicting what took place in the sanitarium. What more can we ask for? Incidentally, Dr. Curry is writing a history on San Francisco Department of Public Health. Another outstanding feature of the buildings are the ramps. Today, the entire United States government is cognizant of the needs of physically handicapped people. My own deceased husband had been,in a wheelchair in the sixties before legislation was established to aid the physically handicapped to lead as normal a life as pos- sible. Today, it is exorbitant to redesign buildings for wheelchair access. But we have ramps in structurally sound buildings. It would be criminal to destroy them. Barbara Wiesner described the architecture. May I please ask you to refer to Dr. Robert Cartier's report of March, 1978, an,- evaluation provided to the Mid-Peninsula Open Space District. This style of architecture is not commonly built in Northern California today. We have two volunteers, Mark Still, a member of the Board of Directors of the San Mateo County Historical Society and Don Neumark, a member of the San Mateo Historic Resources Advisory Board. Hassler Health Home P. 2 The slide show showed that these buildings are most adaptable to the surround- ings if we preserve this heritage. Just think of the potential for horticulture and landscape architecture students in the local colleges and universities. Blind people would be able to have a nature walk similar to the one in Golden Gate Park, in San Francisco. There is also a need for space for members of the 4 H Club who will be losing their land on Eaton Avenue, in San Carlos, to private developers. The Hassler Health Home has barns in good condition, ideally suited for their projects, and the barns and buildings should not at the mercy of the wrecking ball. The important point is that by preserving the buildings, we will be protecting the property, the 293 acres, because the area will be less subject to vandalism! We must use the buildings for enhancement, enrichment and education for the entire community, for the Bay Area Region, not just for a few home owners. Of course, we were assessed for $300,000.00, but that was for the purpose of OPEN SPACE AND RECREATION and to prevent private realtors and a women's prison from buying the land. We must preserve and protect, not just for open space, not just the pristine state advocated by those who wish demolition of the buildings. In my opinion, the demoli- tion advocates have not truly stated their fears, except to say they wish to have open space - no rock concerts - no overnight living quarters. The San Mateo County Arts Council has NEVER advocated rock concerts (that would destroy the serenity we wish to preserve.) The living quarters are in the three existing buildings for the director, the maintenance engineer and the park ranger, in lieu of salaries. Artists are not hippies; they are creative, hard work- ing people who wish to have a place for self-expression and to offer their talents to the community. Twin Pines Arts Center, in Belmont is an excellent example. Please preserve the Hassler Health Home so that we, in San Mateo County, will be proud of our cultural and educational endeavors. There is an advisory board who will super- vise and control the activities to retain the magnificence and tranquility of the land. The Hassler Health Home mut be preserved. Thank you for the opportunity to speak. I will mail this testimony and the attachments to the Board for your records. Nov. 22, 1983. P.S. Today, Dean Sandra Weiss, Mental Health & Community Nursing, of the UCSF School of Nub endorsed the above proposal, too. She wants the historical data to show the instructors who teach nursing history. Vice Chancellor Seymour Farber, who is the Emeritus Professor of Public Programs and Continuing Education, was formerly the "chest" physician, the medical director of the TB Ward at San Francisco General, and in his own words, "Some of my most happy years were those spent caring for the patients at the Hassler Health Home." He has promised to give us as much information as we need regarding that important phase of medical history. '�• CITY OF SAN CARD �Vi art Ion. .cdC G I1) 1-113 &a vd Cdy lua�u� _ P.O.BOX 700 SAN CARLOS,CALIF.94070 (415) 591-7111 June 1, 1983. SPECIAL NOTICE HASSLER HEALTH HOME ASSESSMENT DISTRICT NOTICE is given that agreement for the sale of the Hassler Health Home property has been reached: This means that the Hassler Health Home property will �e acquired for open .space purposes and the work of removin the structures on it will soon commence. On May 23, 1983, the City Council of the City of San Carlos adopted resolutions allowing the assessment district financing to be completed. If your assessment has already been paid, take no further action. If you have not paid your assessment, and wish to do so, full payment may be paid prior to June 30. 1983, without incurring any prepayment penalty. Mail or deliver payment to: City Treasurer, City of San Carlos, 1347 Laurel Street, P.O. Box 700, San Carlos, CA 94070. Unless otherwise indicated below, your assessment is $600.00. When making payment, please show on your remittance the assessment number and parcel number which is shown below. You are not required to pay your assessment at this time. If you do not pay your assessment at this time, it will become part of the assessment bonds to be issued. Interest on the bonds, and the interest you will pay will be 5.5% per annum. Bonds will be paid over a period of ten, years. Your assessment payments to cover bond redemptions will be as follows: Principal payments of $60 will be due October 15 each year; Interest payments, at 5.5% per annum on the unpaid principal balance. will be due on October 15 and April 15 each year. Penalties at 22 per month will accrue on delinquent payments. You will receive a billing from the City Treasurer for the annual principal and semi-annual interest payments. After the bonds are issued, you may still clear your property of the assessment at any time. To do this, you must pay (1) the outstanding principal; (2) interest to the next due date; (3) any penalties accrued and unpaid; and (4) a prepayment penalty of 5% on the unmatured principal. If you have any questions about your assessment, contact: City Treasurer, 1347 Laurel Street, San Carlos. Telephone No: (415) 591-7111 during the hours of 9:00 A.M. to 4:00 P.M. weekdays. II CARLOS . � G r H. Hons, Jr. reasurer ASSESSMENT NO: ��V l l 0- 100- 02 6 (W�1 PARCEL N0: ih �. NOTICE OF IMPROVEMEN City of San Carlos Hassler Health Home Assessment District NOTICE IS HEREBY GIVEN that the City Council of the City of San Carlos, California, did on the 13th day of August, 1979, in proceedings under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code, adopt its resolution of intention, Resolution No. 1979-87, declaring its intention to order the acquisition of certain real property and improvements within an assessment district designated the Hassler Health Home Assessment District within the City of San Carlos, and ordering the Engineer of Work to prepare a report as required by said Municipal Improvement Act of 1913. A brief description of the proposed acquisition and improvements is as follows: Participation in the acquisition and improvement of the recreational park area commonly known as the Hassler Health Home Property adjacent to the City of San Carlos for Public park and open space purposes. NOTICE IS FURTHER GIVEN that said Engineer of Work has prepared and filed a report covering the aforementioned acquisition and improvements and that said report was presented to the City Council at a regular meeting of said City Council held on the 13th day of August, 1979, and that said City Council considered and passed on said report. NOTICE IS FURTHER GIVEN that the 24th day of September, 1979, at the hour of 8:00 o'clock p. m. , in the Council Chambers in the City Hall, 666 Elm Street, San Carlos, California, are the day, hour and place for the hearing on said resolution of intention and on said report, when and where any and all persons having any objections or protests to the proposed improvement, the extent of the assessment district, or to the proposed assessment may appear before said City Council and show cause why said acquisition should not be -carried out in accordance with said resolution of intention and said report. Any person interested may file a protest or objection as provided in said Municipal Improvement Act of 1913. All protests must be in writing, describe the property owned by the signer, and be filed with the City Clerk of said City not later than the hour set for hearing. The total cost of the proposed improvements as shown in said report, including incidental expenses, is $343, 800. 00. Reference is hereby made to said resolution of intention and said report on file with said City Clerk in the office of said City Clerk for a description of the property and improvements to be acquired and of the assessment district, and for further particulars. Inquiries regarding the protest proceedings may be directed to the City Clerk, telephone number (415) 593-8011 or the Engineer of Work, Edwin Smith, telephone number (415) 366-9595. The amount to be assessed against the property which you appear to own is set forth below. Dated: August 31, 1979 at SADIE CONBOY City Clerk, City of San Carlos ��CAL KEEP HASSLER HEALTH HOME OPEN SPACE Public Hearing: Wednesday, September 27./-'5 7:30p.m. San Carlos High School Melendy Drive, San Carlos The Midpeninsula Open Space District (MPOSD) is holding a public hearing to determine if the residents of San Carlos want the MPOSD to purchase the 293 acre Hassler Estate (The . property and pink building bordering on the condominiums). The MPOSD -to which you pay 100 per #100. tax override (regardless of Prop 13) can purchase the property by itself. It merely wants to know if ,you want it tol. The probable alternative is the current owner will sell the property to a developer for low density housing. Do you want to keep the Hassler Estate as open space? If yes, come - bring your neighbors and friends - and tell the MPOSD to buy Hassler with your money. History: Owner: City of San Franciso (who want to sell). 1974 : San Carlos Electorate passes tax override to raise half the Hassler purchase price if another funding source can be found. Jan -1977 : State of California announoes desire to place wiomens prison on Hassler. March - 1977 500 turn out for public hearing. 8900 signatures presented to City of San Carlos to ask their acquisition of property. May - 1977 : MPOSD offers to jointly purchase Hassler with "San Carlos. July -1977 : Dept. of Correction removes Hassler from current list of sites. Aug.. -19?7 : San Carlos Cit Council notifies MPOSD and San Franciso - -no interest in Hassler. Aug. -1978 : MPOSD having received somo federal funds tries to. set joint hearing with San Carlos - San Carlos City Council says no. September 2 1 8 . p 7. 97 MPOSD holds public hearing at High School to ascertain r g s local interest in the property. ?? THE OUTCOME ?? BE THERE ON WEDNESDAY, SEPTEMBER 27 AT 7:30P,m• IF YOU WANT OPEN SPACE. Board of Directors Brittan Heights Homeowners Association R-76-29 MIDPENINSULA REGIONAL PARK DISTRICT r ? ys bested br. REPORT Iw•a S A(+as October 12, 19976 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Tour of Hassler Health Home Property Introduction: The following is background information on to Hassler Health Home property which the Board of Directors will be touring at its October 31, 1976 Special Meeting. Location: The Hassler Health Home property, consisting of about 293 acres , is located along the north side of Edgewood Road and east of Interstate 280, within the Sphere of Influ- ence of the City of San Carlos but unincorporated. The site is bordered on the west by the City and County of San Francis- co watershed lands; on the north by a privately-owned 80 acre parcel; on the east by San Carlos residential developments; and on the south by lands owned by either San Mateo County or the City and County of San Francisco (See attached map) . Site Description: The major portion of the site is undeveloped, iitth a broadleaf forest vegetation. The most predominant physi- calacross the cen- ter feature is a ,�ridgetop extending diagonally f e dee e r cany ons have Some o th ter portion of the site P Y coniferous vegetation, such as Douglas fir and redwood. The ridgetops and south-facing slopes have brush and chaparral. There are several buildings which comprise the Hassler Health Home located on the major ridge. Access to the area is via Hassler Road, which connects with Edgewood Drive off of Edge- wood Road. Waterpipes from the Hetch Hetchy Reservoir extend through the northern portion of the property. The San Fran- cisco Water Department owns a sixty-foot right-of-way through the property for the pipeline easements. Historical Information: In 1924 , the City of San Francisco purchased the property from the Allis Chalmers Manufacturing Company for $27,500. Money to purchase the property and to build a tuberculosis sanitarium was allocated from the City and County of San Francisco General Fund by the Board of Supervisors. Page two The first four _ards of the sanitarium were built in 1926 , and opened in 1927. The sanitarium was named after William Charles Hassler, an influential San Francisco physician who had been a leader in the movement to eradicate the bubonic- plague-carrying rats which infested San Francisco following the 1906 earthquake. Hassler served as Chief Sanitary Engi- neer and Public Health Officer for the City of -San Francisco during the early 1900 's and the tubercular sanitarium was built under his guidance. Additional wings and satellite buildings were built in 1939- 40 to expand the health facility, but throughout the 19601s . the need for a tuberculosis sanitarium declined. The proper- ty was then declared to be in excess to the needs of the Department of Public Health. Current Status of Property: The Hassler property has not yet . been declared a surplu s si rte by the City and County of San Francisco, presumably in order to give the City of San Carlos the opportunity to raise funds or find assistance to purchase the property, which is included in the 1972 San Mateo County Park and Open Space Plan gs a regional Park or oeen space site but is not included in the County 10-year acquisition pro- gram. San. Carlos voters have approved a $1, 000,000 tax over-, ride toward purchase if another source for the additional funds needed can be found. Although it was anticipated that San Mateo County would provide the needed additional funding, the County declined to do so. The City of San Catlos applied for Land and Water Conservation Funds in 1975 to assist in the acquisition of the site, bud was unsuccessful. An application for 1976 Land and Water Conservation Funds has recently been submitted. The City of San Carlos proposes to keep the Hassler site in as natural a condition as possible` allowing- such uses as defined camping and picnic areas, and trails. Conclusion: It appears that this site will rank high in open space values as determined in the current Master Plan study— Its proximity to urban development would also put it in strong position for MRPD involvement. The tour of this property will help to put it in perspective with other potential acquisitions of the District. HG:pl •. l a -�,.)�f• �;�y`�;19>I; N ,\�z. '` , • t• . •I i -, t 'f %�• 1 't.r��'y�\" YT'Y V�p'^�� • 1.- `••tip w` y`� � /���� JI - ,YI / ) � l` ` i''• �"�/ ♦ f - ��� SPAN �I�A �•- \ r'" �� � � Z`�s •fir.• . High k/r• ~s.. �" i911'6r/feai AcrWO �i�� v ♦ k '._ �-`� l ' -fir T vh{ R� •fit . sc ► sew, • \ •• � 1. , •1 sj �t 1 r.7 Y•� '.' 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'`t. - f'� w,• ♦ ��� t � yss `pp11RT`�\ i' �:);: \, r �! v --� .' / \ �� J • `�, • ri9`'�'• • . �V,O@ 9 9 = City Hall, San Carlos, California June 1.1, 1979. The City Council of the City of San Carlos held an Executive Session at 7:15 P.M. for the purpose of discussing Labor Relations and the regular adjourned meeting of the City Council of the City of San Carlos was called to order at 8:10 o'clock P.M. , the above date by Mayor John Buchanan. The Pledge of Allegiance was repeated. ROLL CALL COUNCILMEMBERS PRESENT: Patricia F. Bennie Charles E. Calderhead (late arrival 8:35 P.M.) Gayton De Rosa William M. Steele John G. Buchanan ALSO PRESENT: City Attorney Anthony Lagorio Assistant City Administrator/Finance Director Warren Shafer City Engineer George Cook Planning Director Malcolm Byce Lt. Robert Paresa City Clerk Sadie M. Conboy ITEM #3 PROCLAMATIONS: 1) Mayor Buchanan announced he had presented a Proclamation on June 5, 1979, to Dennis Houghton for earning an Eagle Scout Award. 2) Mayor Buchanan announced he had accepted the gift of a living memorial for the late Ray De Nardo and that Burton Park had been selected as the site for either a tree or bush. ITEM #4 CONSENT CALENDAR: Councilman Steele requested Consent Calendar Item #3 be removed until later in the agenda. Mayor Buchanan requested Item #1 be removed. Councilman De Rosa moved approval of the Consent Calendar with the exception of Items 1 and 3 as follows: 2. Adopted RESOLUTION NO. 1979-52 A RESOLUTION OF THE CITY OF SAN CARLOS ACCEPTING THE SLURRY SEAL - Fall, 1978, Project No. 3-3-81 and authorized Clerk to Record Notice of Completion. 4. Adopted RESOLUTION NO. 1979-53 A RESOLUTION OF THE CITY OF SAN CARLOS APPROVING AND ACCEPTING AGREEMENT for Banking Services - Crocker Bank with authorization for Mayor and Clerk to execute the document. 5. Granted authorization for the Police Department to call for bids re modification of communications radio equip- ment (consoles) . 6. Adopted RESOLUTION NO. 1979-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING AND ACCEPTING AGREEMENT WITH THE COUNTY OF SAN MATEO (Building Inspection Services) with authorization for City Administrator and City Clerk to execute the document. 7. Set July 9, 1979, for hearing Appeal filed by Board of Directors, Brittan Heights Condominium Association to the decision of the Planning Commission to adopt a Negative Declaration for an E.I.R. on the proposal for the Brittan Heights Shopping Center submitted by Dividend Development Corporation. i j I too 8. Denied the following Claims with referral to Insurance Adjuster: 1. Jean Chestnut, 577 Laurel in an undetermined dollar amount (alleged personal injuries suffered in fall) . 2. Ruby Klunis, 178 San Carlos Avenue, Redwood City, in the amount of $7,000, (alleged personal injuries suffered in fall) . 9. Set July 9, 1979, for hearing Appeal filed by Thomas Peet, 54 Wessex Way, to the decision of the Planning Commission approving Grading Permit and Tentative Map for Matthews Terrace Subdivision. 10. Adopted RESOLUTION NO. 1979-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING WARRANT LIST EXPENDITURES (June 11, 1979) in the amount of $302,940.52. Motion seconded b Councilman Steele carrying b the following vote: Ayes Y a Y g Y g Y and in favor: Councilmembers: De Rosa; Steele, Bennie, and Buchanan. Absent: Councilman Calderhead. Referring to Consent Calendar Item #1, Mayor Buchanan requested a correction and addition to minutes of May 29, 1979, under Item #7-New Business COUNCIL ACTION regarding verification of signatures for Hassler Health Home property the following should be added: "That the City Engineer be requested to confirm and certify the Assessment District description; that the City Attorney be requested to prepare, in conjunction with City Council, a Resolution allowing the City to remove its own property from the Assessment District." Referring to Consent Calendar Item #3, Resolution re Approving and accepting Encroachment Permit request of E & B Construction for access over existing easement and authorizing Mayor and Clerk to execute the document, Councilman Steele observed he did not think this belonged on the Consent Calendar; that it should be an agenda item for full discussion. Council concurred that Item #3 should be scheduled as an agenda item at the next meeting under UNFINISHED BUSINESS. So ordered. Councilman Steele moved approval of Consent Calendar Item #1 with correction as noted, seconded by Councilman De Rosa, carrying unanimously. ITEM #5 PUBLIC HEARINGS: (a) Public Hearing for the purpose of hearing and considering a request filed by William and Sara White, 3 Sara Lane, for the abandonment of a Public Utilities Easement located along Sara Lane. COUNCIL ACTION: Councilman De Rosa moved acceptance of the Affidavit of Publication, seconded by Councilwoman Bennie and carried unanimously. City Engineer Cook reported there was no objection by the City to the abandonment of the Public Utilities Easement and that all Public Utilities had written to the City advising they saw no future requirements to use the easement and had no objection to its abandonment. Responding to Council query, City Engineer Cook confirmed no other property was involved in the easement. Mayor Buchanan suggested striking from the Resolution the words in the second sentence ". . .vacation of this. . ." as they appeared to be unnecessary. City Attorney Lagorio confirmed this would be done. i As there was no-one present wishing to speak, Councilman Steele moved to close the Public Hearing, seconded by Councilman De Rosa and carried unanimously. Councilman De Rosa moved adoption of RESOLUTION NO. 1979-56 A RESOLUTION ORDERING THE VACATION OF A 5-FOOT PUBLIC UTILITIES EASEMENT WITHIN PARCEL 5, WHITE ACRES SUBDIVISION (along Sara Lane) , seconded by Councilman Steele, carrying by the following vote: Ayes and in favor: Councilmembers: De Rosa, Steele, Bennie, and Buchanan. Absent: Councilman Calderhead. Staff was requested to forward copies of RESOLUTION NO. 1979-56 to P.G. & E. , Pacific Telephone and California Water Service Company with attached map of subject area. 101 ITEM #6 UNFINISHED BUSINESS: (a) Resolution re Proposed Assessment District - Hassler Health Home. COUNCIL ACTION: Mr. Joe Hughes, Assessment District Counsel, presented Resolution of Intention (authorizing acceptance of Petition filed with Clerk if determined that sufficient number of property owners have signed it and instructing Engineer to proceed to determine what assessment would be levied against each parcel of property based on the benefit to that parcel from the proposed acquisition). Councilman Steele moved adoption of RESOLUTION NO. 1979-57 RESOLUTION OF INTENTION RE HASSLER HEALTH HONE ASSESSMENT DISTRICT,Cec son ed ty Councilman De Rosa and carrying by I ,s: the following vote: Ayes and in favor: / 9M osa, Calderhead and Buchanan. Noes and opposed: Councilwoman Bennie. Hearing to be set at a later date. See Exhibit A. There was a ten minute recess. Upon the meeting being reconvened, ITEM #6 UNFINISHED BUSINESS was the next order of business: (b) Resolution re Accepting and approving Encroachment Permit ,with the City of Belmont to erect a traffic barrier on Chestnut Street in the City of San Carlos at Sunnyslope Avenue in the City of Belmont with authorization for Mayor and City Clerk to execute the document. COUNCIL ACTION: Councilman De Rosa moved adoption of RESOLUTION NO. 1979-58 A RESOLUTION APPROVING AND ACCEPTING AGREEMENT WITH THE CITY OF BELMONT (to erect a traffic barrier on Chestnut at Sunnyslope) , with authorization for Mayor and City Clerk to execute the document, seconded by Councilman Calderhead, carrying by the following vote: Ayes and in favor: Councilmembers: De Rosa, Calderhead, Steele, and Buchanan. Noes and opposed: Councilwoman Bennie. ITEM #6 UNFINISHED BUSINESS: W Council discussion re Revision of the FY 1978-79 Budget. (Continued from previous meeting) . COUNCIL ACTION: Councilman De Rosa moved acceptance of the city Administrator's recommendation in connection with the revision of the FY 1978-79 budget as outlined in memo dated May 24, 1979, with the proviso that when discussion is held on the 1979-80 budget, discussion will be held as to where these funds are to be placed, seconded by Councilwoman Bennie, carrying unanimously. ITEM #6 UNFINISHED BUSINESS: (d) Report re limiting newspaper racks on sidewalk. (Continued from previous meeting) . Lt. Paresa reported that Chief McGuigan had met with seven newspaper distributors who had volunteered to replace some of the racks with modular racks which would reduce the number of racks but would permit the same number of newspapers. Chief McGuigan recommended the distributors be allowed to demonstrate their cooperation. COUNCIL ACTION: Council concurred that the Police Chief is to allow the distributors to demonstrate their cooperation in limiting the number of newspaper racks on the sidewalk. So ordered. ITEM #6 UNFINISHED BUSINESS: (e) Resolution re Approval of final cost re San Mateo County Joint Powers Liability Program. 102 COUNCIL ACTION: Councilman Calderhead moved adoption of RESOLUTION NO. 1979-59 AUTHORIZING THE CITY OF SAN CARLOS' PARTICIPATION IN A JPA AGREEMENT OF SAN MATEO CITIES FOR LIABILITY/ RISK MANAGEMENT (in an amount not to exceed $41,500.00) , seconded by Councilman Steele, carrying by the following vote: Ayes and in favor: Councilmembers: Calderhead, Steele, Bennie, De Rosa and Buchanan. ITEM #7 NEW BUSINESS: (a) Council discussion re Request to modify Ordinance #308 - Minors prohibited from Operating Amusement Devices. Lt. Paresa informed Council a request had been received from the California Music Merchants Association to amend the Ordinance restricting operation of amusement devices by persons under the age of 18 years; the Ordinance also prohibits owners having machines on their premises from allowing persons under 18 years to operate them. Lt. Paresa noted the Police Department does not favor any amendments although Chief McGuigan has indicated an amendment could be considered whereby persons under the age of 18 years and accompanied by a parent or guardian could be permitted to play. A similar amendment was considered in 1974 but the problems of younger children using the machines and loitering resulted in no changes being made. Mr. Jim Ham, 222 Rockridge Road, addressed the Council commenting as a parent of two children, he supported an amendment to the Ordinance citing the fact the establishments in San Carlos could be adequately controlled and offer a wholesome environment. He commented he was in the vending machine business consisting mostly of cigarette machines and juke boxes; that preventing children from spending their money did not teach money management. Mr. Ham inquired if the Ordinance was difficult to control adding that bordering Cities allow minors to play and that youngsters enjoy the electronic games with out any harm to their well being. Ms. Mary Gardner, 2696 Eaton, addressed the Council commenting that her family had owned and operated the San Carlos Bowling Center for 30 years and they had never had any problems relating to pinball machines or amusement games, also that High School students are not permitted on the premises during lunch time or school time. Mrs. Gardner noted that parents have asked her why the children cannot use the machines as they do in other Cities while the parents are bowling and she urged Council to drop the 18 year age limit completely, adding that in 1974 they were informed by Police Department there would be enforcement of the Ordinance and at that time they withdrew all of the pinball machines from the Bowling Center, further, that after 10:00 P.M. no-one under 18 years is allowed on the premises unless accompanied by their parents. COUNCIL ACTION: After Lt. Paresa's response to their queries, Council concurred that it was demonstrated that San Carlos parents do not support the use of coin-operated machines, so the request to amend Ordinance No. 308 - Minors prohibited from operating Amusement Devices, was denied. ITEM #7 NEW BUSINESS: (b) Election of officers for South County Fire Protection Authority Board Off Agenda Item: Upon the City Attorney giving his legal approval, Councilwoman Bennie moved adoption of RESOLUTION NO. 1979-60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING RESOLUTION NO. 1979-51 RESOLUTION AUTHORIZING THE EXECUTION OF JOINT POWERS AGREEMENT - SOUTH COUNTY FIRE PROTECTION AUTHORITY (Amending Section 6.3. . . "The proportion thereof shall be borne equally between each of the Agencies unless otherwise agreed upon by them on or before August 15 of each year. . .") , seconded by Councilman Calderhead, carrying by the following vote: Ayes and in favor: Councilmembers: Bennie, Calderhead, De Rosa, Steele, and Buchanan. COUNCIL ACTION: 1 nominated Councilman De Rosa o serve o the Sou o Steele n mate C n t n South County Fir Councilman e Y Protection Authority Board for a term of one (1) year; that Mayor Buchanan serve on the South County Fire Protection Authority Board for a term of two (2) years, seconded by Councilwoman Bennie. Unanimous vote cast for Councilmen De Rosa and Buchanan to serve on the South County Fire Protection Authority Board. ITEM #7 NEW BUSINESS: (c) Council discussion re providing Janitorial Services for City Hall and Library. COUNCIL ACTION: Councilman Steele moved to authorize Staff to proceed to implement in-house Janitorial Services and to notify the Janitorial Contractor of the termination of his services. Council to receive a more detailed report as to the number of employees (part time) , etc. , further the in-house janitorial program not to exceed $25, 164.00. So ordered ITEM #7 NEW BUSINESS: (d) Set date and time for Budget Session. COUNCIL ACTION: Council set Saturday, July 14, 1979, 8:30 A.M. for the first Budget Study Session, to be held in Council Chambers. ITEM #7 NEW BUSINESS: Off Agenda Items: 1. Councilman Calderhead reported concern about City Park next to Burton Park Ball diamond on Woodland with the young people causing some problems due to lack of supervision. He requested this item be transmitted to the Parks and Recreation Commission for their study and recommendations to Council for resolution of the problem. Staff to communicate this to the Commission with the Police Department invited to attend that meeting. 2. Mayor Buchanan requested Council's feeling in connection with San Mateo County Development Association membership fee in the amount of $250. Council concurred in that it did not receive any benefit from the Association to warrant the payment of a $250 Membership fee. 3_ Council tentatively set Saturday, June 30, 1979, as a date to interview candidates for the vacancy in the Planning Commission. Interviews to commence at 9:00 A.M. and scheduled at 10-minute intervals in Room 201. ITEM Jk7 NEW BUSINESS: (e) Community Forum. There were no speakers under Community Forum. ITEM Yk8 ADJOURNMENT: There being no further business on hand, the meeting adjourned at 11:27 o'clock P.M. to Monday, June 25, 1979, at 8:00 o'clock P.M. , in the Council Chambers, City Hall. Respectfully submitted, Clerk 105 li EXCERPT FROM COUNCIL MINUTES, JUNE 11, 1979. EXHIBIT "A" ITEM #6 - UNFINISHED BUSINESS: (a) Resolution re Proposed Assessment District - Hassler Health Home. Assistacit .City Administrator .Schafer briefly related direction given to Staff regarding Resolution of Intention which has been prepared by the Assessment District Counsel. Mr. Joe Hughes, Assessment District Counsel addressed the Council explaining the nature oT the Resolution ot Intent; t at it oes not take any action but accepts petitions and instructs the Engineer to proceed to determine what assessment would be levied against each parcel of property based on the benefit to that parcel from the proposed acquisition and also determines that if a successful hearing is conducted, the property owners have a right to appear to contest any individual assessments or the necessity of the improvement itself. Mr. Hughes referred to the procedures which could be followed and noted that Attachment A covering description of the Hassler property and Exhibit B, map of the proposed Assessment District, would be included in the Resolution. Councilman Steele inquired if adoption of the Resolution will start the proceedings with Mr. Hughes confirming it would and that it would direct the City Engineer to proceed t- look at the acquisition and the property to be assessed and to determine what the benefit is to each parcel of the acquisition. City Engineer Cook presented preliminary calculations advising the confirmed signatures were checked and by assessed value of the�area within the boundary of the proposed district, the signatures represented 70.8% which is slightly in eXcess of $10 million; that by area, which does not include City property, it is 75%, further indicating that both the signatures and area pass the 60%. Mayor Buchanan inquired if a separate Resolution was required to include or drop the City property out of the Assessment District, with Mr. Hughes informing Council that language has been included in the Resolution of Intention to determine all City property will be excluded from the Assessment District. Councilman Calderhead inquired if there was a cost figure or is it open to negotiation with the owners of the land, with Mr. Hughes responding the Open Space District is to purchase the land if it has a dollar amount contribution of $300,000 from the City and it is anticipated the approximate cost of the property will be $2.2 million with a 50% Federal Grant; further advising that the individual household assessment would be approximately $75.00 a year and the ownership would be in the Park District, who, he understood, would be responsible for maintenance and patrolling. Mayor Buchanan inquired if there was anything in the Resolution of Intent that binds San Carlos to the maintenance and patrolling of the property and Mr. Hughes advised there was not. Responding to further Council queries, Mr. Hughes commented he understood the $75.00 assessment would be for the purchase price; further if the City property is excluded the City still has control of the proceedings. Councilman Calderhead inquired if there would be any restrictions on the Park use by the Assessment District with Mr. Hughes commenting he would not advise any such restrictions that the acquisition was for the entire general public and the district cannot keep people out of the area. Mr. Hughes further cited the fact that a 30-day notice is required for the hearing and an Engineer's Report is required to be on file, noting this Report is not yet prepared, although the necessary information is available, further explaining the Engineer's Report may support the fact that there may be some dissenting property owners who will be assessed. Responding to a query from Councilman De Rosa, City Engineer Cook advised there were 560 parcels involved, that 70% had signed the petition, leaving approximately 160 property owners who did not sign. Mayor Buchanan observed that all the parcels, for some reason or another were not contacted. Mr. Dick Bishop, Mid Peninsula Open Space District addressed the Council commenting the District has been interested for a long time in acquiring the Hassler property, however, due to Proposition 13 financial problems, it was felt that in acquiring property where the amount involved is substantial and of special interest to some City that there should be local assistance. The people who live on the hills "verlooking Hassler obviously have a greater interest in acquiring the property than residents on `he flat lands. Mr. Bishop pointed out that a Public Meeting was held in September 1978 at which time it was the Open Space District's policy not to proceed in acquiring Hassler, even after the grant was received, until the funds were matched by the City. lab Subsequent to that Public Meeting, when it was found there was interest in an Assessment District, the Board passed a Resolution making a 5'y/o interest rate on Open Space District notes available to the Assessment District. The importance of the Resolution is that the Board unanimously agreed to give assistance to the Assessment District and although there was no formal vote on it, it appears implicit in the action that if the Assessment District contributed $300,000 towards the purchase of Hassler, then the Open Space District would move ahead and make an effort to buy the property. Responding to a point raised by Councilman Calderhead, Mr. Bishop commented the legal status of the Assessment District is simply contributing money to help purchase Hassler because of the benefit property owners see in having the land remain as open space. The District fully expects to take over the responsibility for the management and patrolling of the Hassler property; regarding legal liability, it is considered there will not be any legal liability on the City of San Carlos or on the people in the Assessment District, further, the property would be open to everyone. He alluded to the fact that a contract or sales agreement has not yet been reached with the City of San Francisco and it� depends on whether the $300,000 is received from the Assessment District. Responding to various inquiries from Council Mr. Bishop responded the grant had been pending for six months and it would be desirable to either accept or not accept it, however, as long as progress is being made, the Federal Grant people will wait and the adoption of the Resolution by the City would indicate progress. He commented if the Resolution is adopted, that the remaining steps be taken as quickly as possible so that there may be the Final Hearing and reiterated that it appears the assessment will be approximately $75.00 annually for ten years for each homeowner and condominium owner. Mayor Buchanan inquired if, as a result of the protest hearing, there would be the power to modify the agreement in any way with Mr. Bishop advising the Council would have the power. Mr. Fred Endicott addressed the Council giving details of the petition advising they had been unable to contact 15% of the owners, but out of those contacted, 90% had signed in favor of the Assessment District including large landowners or developers and it appears the property owners are overwhelmingly in favor of the assessment. Referring to the 107/o who did not sign the petition, Mr. Endicott commented these property owners would find the value of their property enhanced far more than the $75.00 Assessment; noting it was of particular importance after Proposition 13 that the City of San Carlos has zero financial participation in the acquisition of Hassler. He pointed out SamTrans goes to the edge of the property providing easy access for everyone and concluded by urging the Council to adopt the Resolution. Mayor Buchanan commended Mr. Endicott for his efforts. Ms. Nancy Kies, 3328 La Mesa, addressed the Council commenting she was a real estate broker and emphasized the desirability of the homes and condominiums was tied in to the open space of the Hassler property. Mr. D. Wolff, 3337 Brittan, #8, addressed the Council commenting he had helped gather signatures and emphasized the high rate of signatures in favor of the assessment; that $75 a year is a small price to pay for the potential PropertZ value increase and that many owners who had not signed were out of town, absentee landlordsilanI Tifficult to contact, also concurring in the City property being excluded from the Assessment District. Mr. Bob Carlson, 109 4#jends, Chairman of the San Carlos/Belmont Sierra Club group, addressed the Council/commenting they unanimously approved the latest plan to acquire Hassler property for open space and urged Council to adopt the Resolution. Mr. D. Hartnet, 3334 Brittan, addressed the Council f rst commenting there were 100 houses in the District, not 24 as earlier mentioned, and that the group wishing to form the Assessment District were not a "no growth" group but a cross section of the community. He further commented on the sound accoustics of the valley and cited the fact that if there was development in the valley, there would be severe noise pollution, concluding that the $75.00 annual investment would enhance the property values. Mr. Jim Goeser, 222 Frances Lane, addressed the Council commenting the property is a Regional Park and people on the Peninsula have been paying taxes to the Open Space District for four years; that the District has pledged to do something for this section of the County and if the Hassler property is turned down, all the people in the southern part of the County will be let down. He observed that the alternative use of the land is development with 1% property tax of the assessed value and the homes built would never pay for the services they require. Mr. William De Witt, Redwood City, addressed the Council commenting on the far- sightedness of the San Carlos citizens in forming an Assessment District; that he �I 107 was interested in the taxes paid to the Open Space District and urged the Council to adopt the proposed Resolution. Mr. Hughes commented the acquisition has been discussed in terms of open space noting. Mere are buildinR that s=on the ropert4 a ited the t that incTuded in the vrovosal is they the liklihood will be taken down or they could be brought uv to Code: that this is a matter which should be discussed at the hearing. City Engineer Cook clarified his earlier comment regarding 24 single family residences in the proposed Assessment District noting this was the munber which had not signed the petition; that he had found an additional six houses making a total of 30. He reiterated there are 565 parcels in the area and 173 did not sign, making it approximately 70% who had signed. Councilwoman Bennie commented she was not in favor of the Hassler purchase; that the federal money is not "free" as we all are paying for it; also, that in these times of priorities, to purchase the Edgewood and Hassler properties, practically side by side, is a questionable value. She expressed concern on whether there are hidden costs to the City and County and the loss in revenue when the property comes off the tax rolls, adding there is an alternative use of the property other than development, which would be more valuable. Councilman De Rosa, referring to non-signers, inquired if the 30 single family homes are in one area or dotted throughout the proposed Assessment District,with City Engineer Cook responding they were all scattered. Councilman De Rosa expressed concern at forcing the Assessment District on people who do not wish to participate although he recognized the enthusiasm of the group preparing the petition who also deserve consideration, however, it seemed difficult, to him for 60% of the people to determine what the other 40% must do, although he recognized more than 60% had signed the petition. He agreed that the arguments presented for the Assessment District were valid but that he would like to see an overwhelming majority, possible 90%. Councilman Steele pointed out this kind of opposition could be expected at the hearing with Councilman De Rosa commenting once the proceedings have started with the adoption of the Resolution, it becomes difficult to void the opposition at the hearing. Councilman Steele further commented on the difficulty of contacting everyone, pointing out that of those contacted,90% were in favor of the Assessment District. Councilman Steele moved adoption of RESOLUTION NO. 1979-57 RESOLUTION OF INTENTION RE HASSLER HEALTH HOME ASSESSMENT DISTRICT. On the question, Councilman Calderhead inquired if the Resolution sets a hearing for the opposition and at the conclusion of the hearing, does the Council still have an option to go or not go with the Assessment District, with Mr. Hughes informing Council it does not even set a hearing, it simply directs the Engineer to prepare a report and when it is filed there will be a hearing within 30 days and the Council must determine at the conclusion of the hearing that if there is to be an Assessment District, then there is benefit of the land and that the assessed value of the land will be increased by as much as the assessment against the land. Councilman Calderhead inquired who makes the determination whether there is a benefit with Mr. Hughes advising it is the City Council. Councilman Calderhead inquired if the City was responsible for any costs and Mayor Buchanan explained the District is responsible for the maintenance. Councilman Calderhead inquired about fire and police protection and was advised there was no cost other than the mutual aid agreements which are currently in effect. Councilman De Rosa seconded the motion. Responding to Councilman Calderhead, Mr. Bishop reiterated that the Open Space District intends to take over the complete management of responsibility for the property; that fire and police protection has already'been discussed with the County and the County Fire and Sheriff's Departments will continue to provide the fire and police protection that presently exists; that the same Mutual Aid agreement will continue, confirming the Open Space District will be responsible for paying the entire cost of managing the property, further, that the Assessment District will pay for its own legal and engineering costs in setting up the Assessment District and the City does not have any costs beyond the time expended by Staff. as Mayor Buchanan observed the issue/long-time and unusual andhe encouraged Council to ligpt the Resolution as it appears to be the only opportunity of seeing the full answer to/problem. He agreed with a 60:40 split, adding that a lead must be taken by the "Yes" votes who have demonstrated positively there is a reasonable majority. Voting on the motion as follows: Ayes and in favor: Councilmembers: Steele, De Rosa, Calderhead, and Buchanan. Noes and opposed: Councilwoman Bennie. End of excerpt to Minutes of June 11, 1979. 159 City Hall, San Carlos, California. September 24, 1979. The Council met in Executive Session at 7:30 P.M. for the purpose of discussing litigation. The regular meeting of the City Council of the City of San Carlos was called to order at 8:07 P.M., the above date by Mayor John G. Buchanan. The Pledge of Allegiance was repeated. I ROLL CALL COUNCILMEMBERS PRESENT: Patricia F. Bennie Charles E. Calderhead Gayton De Rosa William M. Steele John G. Buchanan i ALSO PRESENT: City Attorney Anthony Lagorio City Administrator C. R. Allen Assistant City Administrator/Finance Director Warren Shafer City Engineer George Cook Planning Consultant Neal Martin Police Chief Owen McGuigan City Clerk Sadie M. Conboy ITEM #3 PROCLAMATION: Proclaiming Sunday, October 7, 1979, as FIREFIGHTERS' MEMORIAL SUNDAY. COUNCIL ACTION: Mayor Buchanan read a letter from Congressman Bill Royer in which he enclosed a copy of the President's Proclamation which appeared in the Federal Register. - Mayor Buchanan read President Carter's Proclamation designating October 7, 1979, as "FIREFIGHTERS MEMORIAL SUNDAY, 1979", presenting a copy of the Proclamation to Acting Chief Schmidt. Acting Chief Schmidt, on behalf of the South County Fire Authority, accepted the Proclamation. I - ' ITEM #4 CONSENT CALENDAR: Mayor Buchanan announced the addition of Item #12 to the Consent Calendar: "Setting October 9, 1979, 8:00 P.M., as date and time for hearing request of Dividend Industries to amend Plan of Development to change off-street parking for commercial buildings from one (1) space per one hundred sq. ft. (100 sq. ft.) of gross floor area of retail uses to one (1) space per two hundred sq. ft. (200 sq. ft.) of gross floor area for retail uses." Councilman De Rosa requested Items #2, 3, 4 and 5 removed for discussion. City Engineer Cook requested Item #8 removed for separate discussion. COUNCIL ACTION: Councilman Steele moved approval of the Consent Calendar Items Nos. 1, 6, 7, 9, 10, 11 and 12 as follows: 1. Approved Minutes of meeting of September 11, 1979. 6. Adopted RESOLUTION NO. 1979-105 RESOLUTION APPROVING AND ACCEPTING AGREEMENT WITH ROBERT H. AND JANET M. PAUL (Encroachment Permit - 27 Swart Lane), with authorization for Mayor and Clerk to execute the Agreement. 7. Adopted RESOLUTION NO. 1979-106 RESOLUTION APPROVING AND ACCEPTING AGREEMENT WITH ANNA R. MARSHALL (Encroachment Permit - 1701 Industrial Road) with authorization for Mayor and Clerk to execute the Agreement. 9. Denied claim filed by J. Don Mincey, 1036 Rosewood, for alleged sewer line backup damage in the amount of $363.00 with referral to Insurance Adjuster. 10. Set Monday, October 22, 1979, 8:00 P.M. as date and time for Show Cause Hearing for possible revocation of Use Permit for Trans Pak, Inc., 1069 Center Street. I 160 11. Adopted RESOLUTION NO. 1979-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS APPROVING WARRANT LIST EXPENDITURES, in the amount of $231,054.69 (September 24, 1979.) 12. Set October 9, 1979, 8:00 P.M. as date and time for hearing request of Dividend Industries to amend Plan of Development to change off-street parking for commercial buildings from one (1) space per one hundred sq. ft. of gross floor area for retail uses to one(1) space per two hundred sq. ft. of gross floor area for retail uses. Motion seconded by Councilman' Calderhead, carrying by the following vote: Ayes and in favor: Councilmembers: Steele, Calderhead, Bennie, De Rosa and Buchanan. In connection with Consent Calendar Item #2 - Approval of Policy Statement re the use of Stop Signs - Councilman De Rosa commented he felt the standards for the erection of Stop signs were too rigid, that the policy needs to be more flexible and he would vote "No." COUNCIL ACTION: Councilman Calderhead moved approval of Consent Calendar Item #2, Approval of Policy Statement with regard to use of Stop Signs, seconded by Councilwoman Bennie. Motion carried with Councilman De Rosa voting "No." With regard to Consent Calendar Item #3 - Civil Service recommendation - Salary Ranges for Assistant Civil Engineer and Engineering Technician, Councilman De Rosa commented he objected to the unscientific approach to coming up with the salaries for these two positions; that it appeared, with the material handed to Council, that the Commission just took the Job titles and struck a medium with what other Cities were paying without regard to the specific duties, so he could not vote "Yes" on this matter. Assistant City Administrator/Finance Director Shafer informed Council that the Civil Service Commission first approved the Job Descriptions before any Salary Survey was done and with that information, Staff surveyed the surrounding communities to find what the comparable position was to the Job Descriptions and based on that information, a recommendation was made. COUNCIL ACTION: Councilman Calderhead moved approval of Consent Calendar #3 the adoption of RESOLUTION NO. 1979-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CARLOS AMENDING RESOLUTION NO. 1979-39 (The Salary Resolution) AND ADDING ASSISTANT CIVIL ENGINEER AND ENGINEERING TECHNICIAN, seconded by Councilwoman Bennie and carrying by the following :vote Ayes and in favor: Councilmembers: Calderhead, Bennie, Steele Y and Buchanan. Noes and opposed: Councilman De Rosa. In connection with Consent Calendar Item #4 - Ratifying and adopting a Memorandum of Understanding between the City of San Carlos and San Carlos Police Officers, Councilman De Rosa requested clarification of Paragraph #3 of the Memorandum of Understanding, specifically the reference to the minimum of two hours pay and three hours pay. Assistant City Administrator/Finance Director Shafer explained the difference was that in the two hour pay, the Officer was scheduled for duty and immediately after his shift ends, or before it begins, he has to go to Court, but the three hour pay applies to the Officer who is called back to work during off duty days for Court appearances. COUNCIL ACTION: i Councilman De Rosa moved approval of Consent Calendar Item #4 the adoption of RESOLUTION NO. 1979-104 RESOLUTION RATIFYING AND CONFIRMING MEMORANDUM OF AGREEMENT REGARDING SALARIES AND RELATED BENEFITS BETWEEN CITY ADMINISTRATION AND SAN CARLOS POLICE DEPARTMENT (Police Officers.) Motion carried unanimously. Regarding Consent Calendar Item #5 - Authorization to go to bid on photocopy machines, Councilman De Rosa took exception to the sentence "These items were budgeted in a prior year and the moneyhas been reserved", commenting these items were not in the budget for the current year; that this item was rejected by Council because of the problem the 'buy' vs. 'lease' analysis was improperly presented; that without any background information, he felt this item should be removed from the Calendar. Assistant City Administrator/Finance Director Shafer explained the money was put forth from Revenue Sharing funds last year; that he is requesting authorization to go to bid to determine whether 'lease' or 'purchase' is the best way to go. 161 COUNCIL ACTION: Council instructed Staff to get the vendors to respond to a functional or technical specification and then ask for bids. Consent Calendar Item #5 taken off Calendar until there is a comparison of 'Lease' vs. 'buy.' In connection with Consent Calendar Item #8 - Approving and accepting Subdivision Improvement Agreement with Robert A. Gall, Los Vientos Way, City Engineer Cook informed Council the Parcel Map also involves a dedication of the right-of-way for Los. Vientos Way and he requested Council amend the Resolution to include the acceptance of the right-of-way and the easements involved with this map; further explaining the owner is requesting a 2-year period for completing the improvement instead of the standard 365 days period. COUNCIL ACTION: Councilman Calderhead moved approval of Consent Calendar Item #8 with the adoption of RESOLUTION NO. 1979-107 RESOLUTION APPROVING SUBDIVISION IMPROVEMENT AGREEMENT RE LANDS OF ROBERT GALL SUBDIVISION AND AUTHORIZING EXECUTION THEREOF, with the amendment to the Subdivision Agreement . . .All of said work and improvements shall be completed within two (2) years from and after the date of this agreement.. ." and further, that the Resolution accept possible dedications of Easements, seconded by Councilman Steele, carrying by the following vote: Ayes and in favor: Councilmembers: Calderhead, Steele, Bennie, De Rosa and Buchanan. OFF-AGENDA ITEM: Mayor Buchanan introduced Mr.Neal Martin, Planning Consultant, welcoming Mr. Martin to the City Staff. ITEM #5 PUBLIC HEARINGS: (a) A public hearing for the purpose of hearing protests to the proposed acquisition, the extent of the Assessment District or to the proposed assessment for the proposed Hassler Health Home Assessment District. I COUNCIL ACTION: Councilman Calderhead moved to accept the Affidavit of Publication for filing, seconded by Councilman Steele, carrying unanimously. Mr. Edwin Smith, Engineer of Work for the proposed Assessment District, presented a Summary of the Engineer's Report under the Municipal Act of 1913 including a description of the acquisition to be made which is a participation in the purchase of the Hassler Health Home property; the financing amounting to approximately $300,000, which is about 14'/0 of the funds necessary to purchase the property, with the balance monies coming from a Federal Grant and by funds of the MidPeninsula Regional Open Space District. He alluded to the incidental expenses for the Assessment District which consist of the preparation of the Assessment, the legal fees, printing and advertizing Bond handling and t`�? 'City administration of the project amounting to some $43,000. He outlined the proposed area involved in the proposed Assessment District and the cost of each unit as $600 per unit with the exception that the commercial property is assessed at about half of what would be charged if it were fully developed as residential property, explaining that the Assessments can be paid off in full or extended over a 10 year period with interest. Mr. Smith answered several questions with regard to the technical aspects of the proposed Assessment District. Mr. Robert J. Hill, Bond Counsel for the Assessment Proceedings detailed the financing, explaining the reference to Division 12 of the Streets and Highways Code that spells out the Law that is applicable to conducting this type of proceedings; the payment of the Assessments; the sale of the bonds for any amount that is not paid within the 30 days with interest amortized over the 10-year period; that the bonds will not be sold until there is a binding purchase agreement for the property and the payments of the principal and interest will not start until the year following the sale of the bonds; that the interest rate is 5k%. Mr. Hill answered questions posed by the audience with regards to the interest rate, the payoff if the property is sold, the property being permanently dedicated as open space when it is acquired, the question on why the half assessment on commercial property, the sources of funding and other related matters. Mayor Buchanan read the following protest letters: 1. Peggy Nunes, 3312 Brittan Avenue, #9. 2. Dorothy Tarantino, 3312 Brittan Avenue, #3. 3. Tom J. Faltinow, Elfriede Faltinow and Lorraine Faltinow, 3457 La Mesa Drive. 4. Sylvia P. Caplan, 3294 La Mesa, #3 5. John Y. C. Lee and Allison S. S. Lee, 3565 La Mesa Drive. 6. Marianne Grosserhode, 3315 La Mesa Drive. - 7. Edith Kohlmann, 3290 La Mesa Drive, #2 8. Edward F. Stokan and Stephanie A. Stokan, 3257 La Mesa Drive. 162 Clerk reported no further letters of protest were received. Protestors: Bernard Gutow, 3263 La Mesa, addressed the Council voicing his protest, pointing out he was not in agreement with the methods taken to establish the Assessment District; that he felt there was a vested interest being preserved and voiced his concern as to the boundaries being laid out to define the special assessment district. Alfred Leidy, 3239 La Mesa, addressed the Council in support of the previous .protestor; that he supports open space and will pay the $600, but believes the Open Space District was arbitrarily established and left out those homes which are pockets of resistance and probably should be reconsidered. Proponents: Dave Wolff, 3337 Brittan, addressed the Council outlining the procedure followed in obtaining additional signatures for the proposed Assessment District, which had been requested by Councilman De Rosa at a previous meeting, and the time and effort F spent in verification of signatures. He presented Clerk with a list of new signatures for the petition showing an overwhelming support for the acquisition and displayed transparencies summarizing the 'yes' and 'no' signatures on the 569 addresses in the proposed Assessment District, including six City-owned lots not assessed and two access lots not to be assessed, leaving a total of 561 lots to be assessed, alluding to the fact that they have 90% of those owners in favor of the project. Dick Oliver, representing the commercial properties in the proposed District, addressed the Council explaining his support of the acquisition in that as a developer, he felt he did have a responsibility to the home buyers and to the present residents. Mary E. Brill, 3327 Brittan, #3, addressed the Council pointing out she was one of the people who went out and collected signatures for the Petition; that she cares about the open space and the value of her property and urged a favorable vote by Council on this matter. Celia Hartnett, 3443 Brittan, addressed the Council reading a letter from Nancy Kies, Broker Associates i I who could not be in gttendancej"ich she urcypd Citv Mcil U enn-Mpr frf, gignificant financ I bglaefit to nropertv owner-s -if Hassler is pggsegved. Letter was filed with Clerk. Morey Sussman, 3336 Brittan, #7, addressed the Council citing the fact he also collected signatures on the Petition; that he, personally, feels the acquisition of the property and keeping it in open space will make his life more pleasant as well as being of much benefit to the citizens of San Carlos. He wished to go on record t that he would be willing to pay half of the assessment for the property owner who wrote that she was on a fixed income and could not afford the assessment, and urgently requested the Council to vote 'Yes' on this measure. Bryan Baarts, Eaton Avenue, addressed the Council pointing out that the City residents are paying part of the share through the MidPeninsula Open Space District taxation; that actually, everyone benefits from a Park like Hassler, more particularly, such an accessible one, urging Council to support the proposed Assessment District. Elly Hess, 2411 Graceland, addressed Council citing the fact that she is interested in Environmental Education for children and has taken children on field trips, but with busing not available any more, she felt it would be delightful to take the children walking in the pristine valley of Hassler. She urged Council's support for the project. Fred Endicott. 3336 Brittan, #14, addressed Council outlining the tremendous effort put forth in support of the proposed Assessment District to preserve Hassler, citing the fact that all the money needed for the purchase is available, if the Council will permit the formation of the.-District, and further outlined the benefit to the community if the property is purchased and urged Council to proceed with the establishment of the Assessment District. Richard Bishop, 1797 Elizabeth, Member of the Board of Directors of the Mid-Peninsula Regional OEen Space District representing the area including 522 UElosl Redwood City and part of Woodside. cited the fact that if the project is completed, L the Open Space District will assume sole responsibility for the management and maintenance of the property. As to the concerns voiced in connection with Police and Fire protection, Mr. Bishop read a letter addressed to Mr. Herbert Grench, General Manager of the District, from Supervisor Edward J. Bacciocco, Jr., which outlined that both the Sheriff and the California Department of Forestry will continue to provide police and fire support should the MidPeninsula Open Space District acquire the property. Letter was presented to the Clerk to be made a part of the Record. He outlined, in detail, the source of funding: $1 million in Federal Grant money, $300,000 paid by the Assessment District, with $700,000 being paid by the Open Space District; that the general taxpayers are also participating to a substantial extent. Mr. Bishop answered other questions in connection with the amount of money raised by taxes from the general taxpayers, the low interest rate on the bonds and other related matters. Edwin Kahn, 3325 Brittan, #9, addressed the Council pointing out the magnificent view of the western hills and stating he would hate to see any scar on that view. He urged Council to vote in favor of the proposition. Robert Black, 585 Dartmouth, addressed Council pointing out he has been associated in the past with working toward obtaining,Hassler as open space, working on the 7(,% tax rate, which was not utilized by Council. He felt it was very important to consider those people who would not be able to afford the $600 assessment; that four people had indicated in their protest letters that this assessment was too much for them to pay and he went on Record to help share in the amount of $600; suggesting the City start a fund for those who have formally protested, due to financial hardship. Mr. Hill, Bond Counsel, advised Council that the proponents should adminster such a fund. The City should not become involved. Randolph Jenks, 2848 Tramanto, Chairman of the local Sierra Group, pointed out it is the feeling of the Sierra group that this proposed Assessment District is a good and wise thing to do for the people today and for future generations in keeping the environment we have and also to consider the complete public support for such a project, urging Council to adopt the project. Jim Goeser$ 222 Frances Lane, spoke on the issue brought up by some of the protestors that the Assessment District boundaries had been gerrymandered in such a way that there would be a large 'yes' vote, alluding to.the fact that the District includes all those houses which would get the greatest benefit from being in the District; that houses that did not get a view of the,District were not included. Carol Gutow, 3263 La Mesa, commented she feels that those people who do have a view of the Hassler property are being penalized and asked to bear the whole burden of support for everybody in San Carlos. Mr. Hill, Bond Counsel, formally requested that the Engineer's Report, as the complete document, be included as a part of the record of Public Hearing on file with the City Clerk; in addition, the letters that were read, should be made a part of the Record of the Public Hearing (letter from Nancy Kies and Supervisor Bacciocco.) -COUNCIL ACTION: Councilman Steele moved to include the letters from Nancy Kies and Supervisor Bacciocco and the Engineer's Report as part of this public hearing record, seconded by Councilman De Rosa, carrying unanimously. Councilman Calderhead moved to close the Public Hearing, seconded by Councilwoman Bennie, carrying unanimously. Council heard responses to its inquiries in connection with certain sections of the Agreement of Understanding with the MidPeninsula Regional Open Space District, more particularly, the District's scheduled hearings on acquiring the Hassler property, the start of negotiations with the City of San Francisco, the exception with regard to the exchange of 10 acres for 'like contiguous' property for open space purposes and the purpose of the 25-year lease under control of the Open Space District Board. Mr. Hill, Bond Counsel, requested the approval of the Agreement be continued for two weeks to allow him an opportunity to peruse same; that he has no intention,of delivering the bonds for the purchase of the property until the District has completed their hearings and there is a binding purchase agreement with the City and County of San Francisco which can be funded by the $300,000 Assessment District, the Grant monies and the additional amount paid by the Open Space District. COUNCIL ACTION: Councilman Steele moved adoption of RESOLUTION NO. 1979-109 A RESOLUTION OVERRULING PROTESTS re Hassler Health Home Assessment District, seconded by Councilman Calderhead carrying by the following vote: Ayes and in favor: Councilmembers: Steele, Calderhead, Bennie, De Rosa, Steele and Buchanan. Councilman Steele moved adoption of RESOLUTION NO. 1979-110 A RESOLUTION ADOPTING ENGINEER'S REPORT, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK AND ACQUISITIONS, DIRECTING RECORDING AND FILING OF ASSESSMENT, ASSESSMENT DIAGRAM AND NOTICE OF ASSESSMENT, APPOINTING COLLECTION OFFICER, AND PROVIDING FOR NOTICE TO PAY ASSESSMENTS, seconded by Councilman De Rosa, carrying by the following vote: Ayes and in favor: Councilmembers: Steele, De Rosa, Bennie, Calderhead and Buchanan. Mayor Buchanan called for a 5-minute recess. Meeting reconvened at 11:15 P.M. 164 ITEM #5 PUBLIC HEARINGS: (b) Resolution - Approving and accepting Agreement of Understanding with MidPeninsula Regional Open Space District re Acquisition of Hassler Health Home property, with authorization for Mayor and Clerk to execute the Document. COUNCIL ACTION: With Council concurrence, the approval of the Agreement was continued for two weeks. ITEM #6 UNFINISHED BUSINESS: (a) Resolution re Approving and accepting proposal from Mr. Don McLean and Dr. Nuener in connection with representation at PUC meetings California Water Service Company's proposed Rate Increase. COUNCIL ACTION: Councilman Steele moved adoption of RESOLUTION NO. 1979-111 Approving and accepting proposal "A" from Mr. Don McLean and Dr. Nuener in connection with representatation at PUG Hearings and the City Administrator authorized to contact Mr. McLean and have a presentation to the Council, as soon as possible, with the potential that Council may increase its agreement with Mr. McLean and Dr. Nuener, seconded by Councilman Calderhead, carrying by the following vote: Ayes and in favor: Councilmembers: Steele Calderhead, Bennie, De Rosa and Buchanan. At this time, Councilman Steele moved to waive the automatic adjournment hour of 11:30 P.M. seconded by Councilman De Rosa. Voting in favor: Councilmembers: Steele, De Rosa, Bennie and Buchanan. Noes and opposed: Councilman Calderhead. ITEM #6 UNFINISHED BUSINESS: (b) Staff recommendation re Interim action on Program for Rat Control. City Administrator Allen made an oral presentation recommending the City cease charging for the Rat Bait and making the Rat Bait available at the Fire Stations for the citizens; 2) With the help of the Public Information Officer of San Mateo County and the Cable TV operators within San Mateo County, spot announcements could be developed to be shown as part of the public interest effort to get public support on a County-wide basis to help solve the problem. Mr. Kovenlenko reported San Carlos is the only City charging for the Bait and outlined the policy in which anyone working in any City in the County could go to any Fire Station and pick up the bait. COUNCIL ACTION: Council concurred in authorizing no charge for the Rat Bait; Bait to be distributed from the Fire Stations and Clerk's office with no questions asked as to their residency; the possibility of the Boy Scouts and Girls Scouts project to go out into the City with information on how to use the bait, etc. Mayor to follow up on the Scouts education and information program in the City. City Administrator to follow up on contacting the Utility Companies. ITEM #7 NEW BUSINESS: (a) Council discussion re adding additional sewer connections in the Devonshire Sanitation District. Council heard a presentation by the City Engineer regarding the problem existing within the Devonshire County Sanitation District in which the District has already permitted seven new connections thereby exhausting their allowance of Grant funded sewer capacity; that any more connections within the District will have to be allocated to the extra capacity purchased directly by the City, recommending a deposit of $650 for the L connection fee based upon the latest cost data available for the new Plant; that the County has adopted a policy of informing anyone inquiring about a new connection in the District, that the connection will not be allowed without the City's permission. COUNCIL ACTION: Councilwoman Bennie moved Council accept Mr. Cantwell's proposal Items #1 through #4 as a method of allocating additional sewer connections with Staff instructed to set up some planning policy with regard to requests for such connections, seconded by Councilman De Rosa,- carrying unanimously. Council granted approval to Meissner & Steiner Development for one (1) sewer connection for 141 Lynton (APN 049-093-080.) 165 ITEM #7 NEW BUSINESS: j (b) Community Forum. There were no speakers under Community Forum. ITEM #8 ADJOURNMENT: There being no further business on hand, the meeting adjourned at 12:15 A.M. to Tuesday, October 9, 1979, due to Columbus Day Holiday. Respectfully submitted, Clerk I i City and County of San F#Acisco: Office of City Attorney G**r9*Agnost, WRITTEN COMMUNICATION City Attorney Meeting 83-29 Dec. 7, 1983 December 5 , 1983 HAND DELIVERED The Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle , Suite D-1 Los Altos , California 94022 RE: Hassler Health Home Dear Members of the Board: It has recently come to the attention of this office that the Midpeninsula Regional Open Space District is considering a proposal to use the Hassler Home Property as a center for the arts , including use of the existing buildings for artist studios. The City and County of San Francisco reminds you that Midpeninsula purchased the property in question from San Francisco in a negotiated settlement of litigation. That settlement is memorialized in a written Settlement Agreement , which was executed by the President of Midpeninsula 's Board of Directors pursuant to Resolution 83-20 of the Board on May 11 , 1983. Paragraph 8 of the Settlement Agreement provides as follows : ( 1 ) Midpeninsula will use the Hassler property exclusively for public park , open space , and/or public recreational purposes; ( 2) Midpeninsula will not lease the Hassler property for any purpose for which Midpeninsula 's power of eminent domain could not be exercised; and ( 3) Midpeninsula will pay all profit on resale of the property within 10 years to San Francisco. The foregoing conditions of San Francisco 's sale of the property to Midpeninsula illustrate San Francisco 's concern that Hassler be maintained as open space , and that Midpeninsula be prevented from acquiring the property in eminent domain only to resell the property, or portions thereof, to a developer at a profit. A use of the Hassler site as an artists ' community would be for other than public park , open space , and/or public recreational purposes , and would constitute a clear violation of the Settlement Agreement. In addition , a lease of the property to artists for use as studios would be a use for which Midpeninsula may not exercise the power of eminent domain, and would also violate the Agreement. (415) $584315 Room 206 City Hall San Francisco 94102 The Board of Directors 2 December 5 , 1983 Midpeninsula Regional Open Space District The City and County of San Francisco would view with grave concern any attempt by Midpeninsula to use Hassler for any purpose not permitted by the terms of the Settlement Agreement. Should it be required , San Francisco would not hesitate to take appropriate legal action to enforce the Settlement Agreement between the parties. We would be pleased to discuss this matter further with you or your counsel at your request. Very truly yours , GEORGE AGNOST City Attorney ANDREW W. SCHWARTZ Deputy City Attorney 3803d/t cc : The Board of Supervisors of San Mateo County i I I WRITTEN COMMUNICATION Meeting 83-29 416 Pearl Avenue Dec. 7, 1983 San Carlos , CA 94070 December 1, 1983 Dear Mr. Wendin, I am writing concerning the preservation of the Hassler Health Home complex. First, let me state that I have been a firm supporter of the policy of the Midpeninsula Regional Open Space District in the past. I attended the meeting on Novem- ber 22 in San Carlos and have found several things about the stand of the committee that deeply troubles me. First, I feel the Open Space committee made a mistake in accepting private money from the Brittan Heights Association and thereby letting it be the "tail that is now wagging the i dog." Secondly, and far more distressing, is the board's appa- rent lack of any response to a wide range of people in the com- munity who wish the Hassler complex to be saved for a wide variety of reasons. Unless the structures can be saved, I am beginning to strongly question the further need of an organization, sup- ported by the taxpayers , which has embarked on a road that a great many of the taxpayers have disapproved. Perhaps the Open Space board no longer has a part to play in the San Mateo County affairs if it can no longer respond to the citizens who pay the bills. It would be truly tragic for you to win this battle, and then lose the war. I, as a resident and taxpayer, seriously do not know if I could continue to support the Open Space district. It seems to me your mandate is ended if you must buy land with buildings of value and potential use, which are also of historical and architectural importance , and then des- troy them to get "Open Space. " It makes me very sad to be losing faith in an organization that until now I have so admired and supported. Tf_ the Hassler_ complex is destroyed, I fear its ghost will rise up to haunt you. Sincerely, Pat Nel on PS. I enclose a copy of a San Mateo Times editorial of Decem- ber 2 which I hope will help you in your reconsideration of youregrlier tentative decision to destroy these historic buildings of architectural importance. I PRNelson:n:12/l/83 W'R' -N COMMUNICATION ing 83-29 8 FINGER AVE. APT 5 Dec. 7, 1983 REDWOOD CITY, CALIF. NOVEMBER 30, 1983 BOARD OF DIRECTORS, MID-PENINSULA REGIONAL OPEN SPACE DISTRICT 373 DISTEL CIRCLE Los ALTOS, CALIF. 94022 DEAR BOARD MEMBERS, I AS A RESIDENT AND TAXPAYER OF BOTH SAN MATEO AND i i SANTA CLARA COUNTIES FOR OVER FORTY YEARS, I AM WRITING TO YOU TODAY TO INTREAT YOU TO PRESERVE THE BEAUTIFUL BUILDINGS ON THE HASSLER HEALTH HOME SITE. THIS ENTIRE COMPLEX HAS GREAT POTENTIAL, IN MY VIEW, FOR MANY USES BY THE ENTIRE POPULATION OF OUR TWO COUNTIES, AND SHOULD ai NOT BE DESTROYED! ONE EXAMPLE IS THE HANDICAPPED, WHO NOW COMPRISE ALMOST 200% OF OUR STATE S POPULATION, AND WHO COULD EASILY USE ALL OF THE HASSLER BUILDINGS. THIS IS TRUE BE-CAUSE THE BUILDINGS ORIGINALLY ACCOMMODATED BOTH WHEELCHAIR AND AMBULATORY TUBERCULOSIS PATIENTS. THESE ARE THE SAME NEEDS THAT OUR HANDICAPPED NEIGHBORS ARE LOOKING FOR,AND CAN PUT TO GOOD USE IN THEIR CRAFT i WORK, MEETINGS AND FOR SOCIAL GATHERINGS: THE SITE ALSO LENDS ITSELF TO OUTDOOR ACTIVITIES BY HANDICAPPED PERSONS? SUCH AS PICNICS, WALKS, NATURE OBSERVATION, ETC. IN MY HUMBLE OPINION, THE HASSLER HEALTH HOME COMPLEX "FILLS THE BILL", AS FAR AS THE REQUIREMENTS FOR HANDICAPPED ACCESSIBILITY IS. CONCERNED! PAGE MEMBERS OF THE BOARD, I AM CONFIDENT THAT THE PROBLEM OF POSSIBLE LOSS OF FUNDING CAN BE RESOLVED, AND THE SITE PRESERVED AT THE SAME TIME. WHY, FOR EXAMPLE, CANNOT THE BOARD PURCHASE TEN ACRES OF OPEN LAND IN THE AREA, AND SUBSTITUTE THAT TEN ACRES FOR THE SO-CALLED "CARVE-OUT" OF THE ACREAGE TAKEN UP BY THE HASSLER HOME? THIS WOULD j SATISFY THE REQUIREMENTS OF YOUR GRANT, AND AT THE SAME TIME SAVE YOU THE COST OF DEMOLISHING THE BUILDINGS! OTHER PROBLEMS AND OBJECTIONS CAN BE OVERCOME, I AM SURE, IF A SPIRIT OF CO-OPERATION AND COMPROMISE IS PRESENT DURING YOUR DELIBERATIONS ON THIS SUBJECT. WE ALL WILL BE WATCHING WITH GREAT INTEREST HOW YOU DECIDE. FOR ! THE SAKE OF FUTURE GFNERATIONSIAS WELL AS OUR OWN, MAY GOD GUIDE YOU IN YOUR DECISIONS. SINCERELY, EDWARD F. BR ER I I i I i i WRITTEN COMMUNICATION Rige,Anderson &Turnbull,Inc, Meeting 83-29 Dec. 1, 1113 30 November 1983 Mid-Peninsula Regional Open Space District 375 Distel Circle, Suite D1 Los Altos, CA 94022 Gentlemen: It is our understanding that some consideration is being given to the preservation and possible use of the Hassler Sanitorium structures for cultural purposes. As specialists in assessing the potential of older structures and preparing plans for their possible retention we would be most interested in assisting you in looking at the probability of their re-use potential should you consider doing so. Sincerely, Charles Hall Page Enclosure 364 Busli Street•San Francisco,California 94104-(415) 362-5154 GJRITTEN COMMUNICATION Meeting 83-29 , •± Dec. 7, 1983 1065 Drake Ct. San Carlos , Ca. , 94070 November 29 , 1983 Midpeninsula Regional Open Space District 375 Distel Cr. , D-1 Los Altos , Ca. 94022 Dear Board Members : We wish to express our opposition to the conversion of the Hassler site buildings to an Art Center. We believe that such a use is incompatible with the con- cept of open space . Our area needs open space that can be used by everyone , and we should not provide a private site for special interest groups . We feel that the heavy use of this site by people and automobiles would disturb the wildlife on the site , and would mean parking lots , traffic , and noise--things not compatible with open space. This land was purchased by the Open Space District to prevent the development of sub-divisions , but wouldn' t many of the same problems be present with the development of an Art Center--lighting, police protection, sewers , streets? Very truly yours , Bob and Dorothy Young DAVID HARRIS ASSOCIATES WRITTEN COMMUNICATION Meeting 83-29 Dec. 7, 1983 November 26, 1983 MPROSD 375 Distel Circle , Suite D-1 Los Altos , California 94022 Dear Sirs , I was privilege to have had the opportunity to speak at the San Carlos hearing on the 22nd of November concerning the Hassler Health Home. Nevertheless , I still feel the need to react in writing to the ideas and attitudes express at that time. I was particularly distnrbadeby the seeming lack of responsiveness to the majority clear interest in preserving the Hassler Health Home on the part of some members of your board. It seemed that no amount of facts , evidence , persuasive argument could change their thinking. It would seem to me that the long-term interests of the larger community and its needs would and should prevail over a very few. Those generations that come after us will certainly praise the preservation rather than the destruction of our resources. The legitimate concerns of the Regional boardwere , I believe , addressed and answered by experts in their .fields. The remaining problems could be overcome given a change. It should be understood and recognized that blood , sweat , tears and determination also translates into dollars. It could be a project that would pull a large segment of the county together and, ultimately, in turn, justify to many citizens and elected officials the large monetary contribution that is made to the open space alstrict each year. Giving something back to the community back to the community doesn't hurt anyone. There comes a time in the course of events when wisdom and courage is required. The great accomplishment in science , art , technology have come about by people willing to take a chance on an idea or a person. Contrary to some , I feel the time is truely here and now. The average citizen would also like to participate with his money and energies. I fervently hope you have the good wisdomeand vision that peeservation of this asset would mean to the vast majority. Sir�c a ly D4vi.d Harris 1221 RAISTON AVENUE • BELMONT, CALIFORNIA 94002 • (415) 349-3464 WRITTEN COMMUNICATION Meeting 83-29 Dec. 7, 1983 November 21 , 1983 22 Antique Forest Lane Belmont, CA 94002 Board of Trustees Midpeninsula Regional Open Space District 375 Distel Circle Suite D-1 Los Altos , CA Dear Board Members: I understand that the Midpeninsula Regional Open Space District is considering a proposal by the San Mateo County Arts Council for restor- ation of the former Hassler Health Home buildings as a regional art center. Since the Twin Pines Art Center was founded and developed here in Belmont by Ruth Waters during my tenure as City Manager, perhaps my experience with Twin Pines will be of interest to you. The buildings now known as Twin Pines Art Center were originally Rebec Hall , the main patient wards for a psychiatric hospital which closed in 1972; the property was subsequently purchased by the City of Belmont for a park. Following closure, the buildings were stripped for salvage, and from 1972 through 1976 constant trespassing and vandalism turned them into a shambles of broken glass and debris. In the fall of 1976, Mrs . Waters presented her plan for an art center modelled after the Torpedo Factory Art Center in Alexandria, Virginia, to the Director of Parks and Recreation, City Council members , and myself. Considering the merits of the plan and Mrs. Waters ' professional qualifications in both art and business , the City Council approved the project in March 1977, by which time all of the potential studio rooms were already committed to prospective tenants. By July 1977 the buildings had been painted inside and out by the artists and repaired sufficiently to permit public access . Since then, the artists have continued to maintain and improve the buildings (no services are provided by the City) . Our experience with Ruth Waters and the Twin Pines Art Center, which we understand to be in many ways a prototype for the Hassler project, has been eminently satisfactory. Both communication and cooperation have been excellent, and there have been no administrative or managerial difficulties . Since Mrs . Waters acts as leasing agent for the City 's property as well as facility director, the involvement of City staff is limited to a minor book- keeping function. I can think of no-one more qualified to direct this project and to represent the best interests of the fine arts community while serving the larger constituency of the mid-peninsula . *Sincerel ( neChaine es P. l WRITTEN uuMMUNICATION Meeting 83-29 Dec. 7, 1983 December 3, 1983 Tr'idpeninsula Regional Open Space District Loard of Directors 375 Distel Circle, D-1 Los Altos, CA 94022 Dear Gentlepersons: On most of my walks recently on the trails of Rancho San Antonio I have become uncomfortably aware of many, many joggers . When I am alone or with an adult it is not im- possible to step out of the way of the polite, reasonable runners (who are numerous) . My concern istwhen I am with children or a group and the unseeing speedster, unable to swerve or break stride, seemingly unaware of our presence, comes barreling down the trail, that the runner may cause me to lose a member of the group in the creekbed , or the poison oak, or the blackberry along the trail. In the best interests of the multi-use nature of the Ranch, I would like to suggest that some limitations be placed on which trails may be used by the joggers especially on the weekends. Pt. Reyes restricts horses to certain trails on weekends ; we restrict them on the b.onte Bello Preserve in places . Could we not do the same with the joggers at rancho and direct them to that fine, wide PGL road which goes up and down hill more than adequately for a good workout? Sincerely, Lily Estrada, Docent NROSD cc Vrs . Rettencourtt Nit. View Parks and Rec. WRITTEN COMMUNICATION Meeting 83-29 Loi, Iluhvcrd;t Pippcnul Dec. 7 1983 1(150 (reshictt Orbe Apurliucnf 309 111uunluin Vicw/, CA 94040 3 A) A-two 6,/-ff/3 /1?-.l��.L,�c,,�-u..�-L� i��`^r``..f ��``" 5-��-t-' �/z�L�vr�'`D �f o k-�•• �.✓'�.�/�" �e� 5 • A may. /' .�Ot�l.t' " I„ '/ ,V'C.. .�4,•.'�:.`"„�•� /y�'ti`...Q� L J — � P rcity and County of Son .sncisco: Office of City Attorney 'yam George Agnost, WRITTEN COMMUNICATION City Attorney Meeting 83-29 Dec. 7, 1983 December 5 , 1983 HAND DE LIVERED Mr . Arlen Gregorio . Chairman , San Mateo County Hoard of Supervisors 401 Marshall Street Redwood City, California 94063 RE: Hassler Health Home Dear Mr. Gregorio: a It has recently come to the attention of this office that the San Mateo County Board of Supervisors is considering a proposal to seek use of the Hassler Home Property as an artists, community. As you may know , the Hassler property was formerly owned by the City and County of San Francisco. The Midpeninsula Regional Open Space District purchased the Hassler property from San Francisco in a negotiated settlement of litigation. That settlement is memorialized in a written Settlement Agreement which provides that Midpeninsula will use the Hassler property ' exclusively for public park , open space , and/or public recreational purposes. The proposed use of the Hassler buildings and rounds g g as a facility for artist studios would constitute a clear violation of the Settlement Agreement , and San Francisco is prepared to initiate legal action to enforce its rights thereunder. Enclosed herewith is a copy of a letter which we are delivering to Midpeninsula today to indicate San Francisco 's concern. Moreover , San Francisco would also view any attempt by San Mateo County to interfere with the aforesaid Settlement Agreement as an t 5 t. l (41 S) SSS-331 S Room 206 City Hall Son Frondsco 94102 I Mr. Arlen Gregorio 2 , December 5 , 1983 actionable interference with contract. We urge you to respect the terms of the Agreement under which San Francisco agreed to sell the Hassler property to Midpeninsula. Please feel free to contact this office if you have any questions. Very truly yours , GEORGE AGNOST Comity Attorney ANDREW W. SCHWARTZ Deputy City Attorney AWS/t cc: Midpeninsula Regional Open Space District 3803d Meeting 83-29 | 33351 Brittan Avenue, Apt 3 San Carlos CA 94070 � / ) Mid-Peninsula Regional Open Space District | / 375 DisteI Circle, Suite D-1 Los Altos, California 94022 Gentlemen: It is impossible for me to attend your meeting this week but I � should like to present my views on the use of the Hassler buildings by the artists proposing to establish an art colony at � ! the expense of those who have voluntarily taxed themselves to help provide and maintain open space for the use of all taxpayers ' and residents of California. . When the residents of the Brittan Heights area voluntarily agreed ' | to tax themselves there was no mention of anyone using the ! property for their personal gain. I AM FIRMLY AGAINST THE } ARTISTS BEING ALLOWED TO ESTABLISH BUSINESS ENTERPRISES ON THE PROPERTY IN QUESTION. If they are allowed to do so, then there is nothing to prevent the commercialization of all open space | preserves in the state, or possibly in the country. \ PLEASE DO NOT ALLOW THIS PROPOSAL TO BE IMPLEMENTED. Very truly yours, i / Mrs. Annamae Paul ^ � ` CITY OF SAN CARLO: WRITTEN COMMUNICATION Meeting 83-29 Dec. 7, 1983 �2 i1 alter fCleKrX C�CcyYL�l2fiL�6CFl2 Tcicpnonc (415) 593-801 1 December 5, 1983 Chairman Daniel Wendin Midpenninsula Regional Open Space District 375 Distel Circle, Suite Dl Los Altos , California 94022 Dear Chairman Wendin, At its most recent meeting, the San Carlos History, Arts and Science Commission voted unanimously to support the efforts of the San Mateo County Art Council to save the Hassler Health Home for development of an Art Complex. Our Commission feels that with such limited space left in San Mateo County, the "dream for an arts and nature center" at the Hassler complex should be the overriding factor in the Midpenninsula Regional Open Space District and Board of Supervisors decision to maintain the buildings for the Art Center Complex. We urge you to vote in favor of the Art Complex. Sincerely, Lr�Wt/t� � • R BERT G . LA STR Chairman San Carlos History, Arts , and Science Commission cc : San Mateo Board of Supervisors San Mateo County Arts Council M-83-136 (Meeting 83-29 Dec 7, 1983) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM November 28, 1983 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Hassler Restoration Plans Introduction: At your meeting of November 22, 1983 in San Carlos you heard presentations by the Arts Council , public officials, staff (see memorandum M-83-134 dated November 16) , representatives of groups, and the public regarding the proposal by the San Mateo County Arts Council . Discussion: You decided that you would not consider taking any action that night. You voted to place on your December 7 agenda the issue of reconsidera- tion of your July 27 decision to remove all of the buildings and restore the site to a natural condition. Without making any commitment that your Board would change its mind, you authorized your Hassler-San Mateo County Liaison Committee to meet with the County Supervisors' committee to ascertain to what extent, if any, the County would be willing to assume the costs and responsi- bility for the project. Recommendation: As stated in my November 16 memorandum, I recommend that no change be made in your Board's previous decision, in which case staff will continue to proceed as expeditiously as possible to implement that decision. f 1. Terms of Phase I a. Lease - 120 days (January 1 - April 30) $1.00 . b. Security - split costs. C. Liability - County Lessee/MROSD Lessor . d. Arts Council additional 500k total 700k. Arts Council Foundation established. M,,.ID r1 Roso 5V.a..-- e. County responsibility for defense of assessment district. f. No party initiates action on grant modification. g. County pays demolition costs over 236k - option of going to bid. Ly h. Demolition MROSD - time limit negotiated. 4c— i . No renovation during 120 days. j . Success of fund raising should be mutually agreed by County and MROSD. 2. Terms of Phase II (Assumption fund raising goal achieved) a. Long term leaser 25 years renewable. - b. County County and MROSD determine scope of project compatible -��� t°"'s with open space use and financial feasibility. Arts �'�''�� Council will cooperate but not participate in the d e c i s i o n. c--—\-� Q d-czb— spa�1,• c. o� 4 E C. County and MROSD have equal financial responsibility for any roject ovex aand above Arts Co ncil' $$ >bligat' 1n. C.ov •, e..p..e c9 Qs Sic-i�4 e` p,..�.,e.,,�.}..`\ c . d. Renovation may being with mutual agreement with County and MROSD. e. Grant modification obtained. f. Assessment district resolved. g. Arts Council assumes security of building to minimum standards as agreed by both agencies. h6 Now j• b'2-3f�K o...a:�o.b\Q gcr- ea._�cc-\ e�.�......o�:�'.o -. <\oa�o.�t� 1. Terms of Phase I a. Lease - 120 days (January 1 - April 30) $1.00. b. Security .- split costs. c. Liability - County Lessee/MROSD Lessor. d. Arts Council additional 500k total 700k. Arts Council Foundation established. e,"b r1 Rc�so aka--+. e. County responsibility for defense of assessment district. f. No party initiates action on grant modification. g. County pays demolition costs over 236k - option of going to bid. h. Demolition MROSD - time limit negotiated. kx- ""Jk Co. c.;1 .■�..r.. .4•o,.aaQ•\ @x%ess*..l. i. No renovation during 120 days. j . Success of fund raising should be mutually agreed by County and MROSD. 2. Terms of Phase II (Assumption fund raising goal achieved) a. Long term leaser 25 years renewable. - b. County and MROSD determine scope of project compatible with open space use and financial feasibility. Arts Council will cooperate but not participate in the decision. cam , <>-� ­V � ��� � UN- - c. County and MROSD have equal financial responsibility for any project ove nd above Arts Council' pbligattgn. C�ov +y e-avet9Qs 5� ' (+�a1K@ ,�..e,.�.�..4.. —, d. Renovation may being with mutual agreement with County and MROSD. e. Grant modification obtained. f. Assessment district resolved. g. Arts Council assumes security of building to minimum standards as agreed by both agencies. h, NNW �• b't..3 6 K, o...,a:\obi¢. gso-- �r c:.r�c c.� c�r2....ro\:�.:-o••• `�a a\o�t�,. I Claims 83-23 Feting 83-29 ,ecember 7, 1983 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT C L A I M S '# Amount Name Description 5846 $ 500.00 Boone Cooke & Associates Water System Study-Rancho San Antonio Oven Space Preserve 5847 54.56 H.S . Crocker Co. , Inc. Office Supplies 5848 1 ,600. 00 Deloitte Haskins and Sells Final Payment for 1982-83 audit 5849 210.00 First American Title Guaranty Co Title Insurance Premium 5850 146. 75 Herbert Grench Meal Conference 5851 4,413. 70 Keogh, Marer and Flicker Legal Fees 5852 37.50 Peninsula Times Tribune Subscription 5853 55.00 Pat Starrett Private Vehicle Expense 5854 500.00 U.S. Postmaster Postage for Peter ' S855 49.52 Alice Watt Private Vehicle Expense 5856 28.50 David Topley First Aid Training ;5857 29 . 71- David Camp Reimbursement for Shop Supplies 5858 2 ,050.00 Portola Park Heights Property Road Repair Costs-Long Ridge Association Open Space Preserve 5859 76, 750.00 Redding Title Co. Purchase of Chesebrough Property- Santa Cruz 5860 47,500.00 Ticor Title Insurance Purchase of Cheseb rough Property- San Mateo M-83-137 (Meeting 83-29 Dec, 7, 1983) 11 dew MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM December 1 , 1983 TO: Board of Directors FROM: L. Craig Britton, Assistant General Manager SUBJECT: Dedication and Naming of Easements Acquired From The Trust for Hidden Villa Discussion: At your November 22 Special Meeting, you adopted Resolution 83-49, authorizing the purchase of open space easements for the 50 acre Ranch Area and an additional 348 acre Wilderness Area from The Trust for Hidden Villa (see report R-83-46 of November 17, 1983) . The second part of the recommendation in that staff report requested you dedicate and name these easements, but inadvertently this action was not taken at your November 22 meeting. Recommendation: I recommend you dedicate the Ranch Area and Wilderness Area easements as public open space and name them as an addition to the Rancho San Antonio S Open ace Preserve--Duveneck Windmill Pasture Area. P P R-83-48 (Meeting 83-29 Vk of December 7 , 1983) ,qq,lbo M KC MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 28 , 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: Skyline Ridge Open Space Preserve Use and Management Plan Introduction: The following is the initial use and management plan for Skyline Ridge Open Space Preserve. Interim use and management recommendations contained in the original acquisition report were approved by you at your January 27 , 1982 and February 10 , 1982 meetings (see report R-82-6 , dated January 21 , 1982, and memorandum M-82-18 , dated January 29 , 1982) . In addition, interim recommendations were included in the former Incerpi property acquisition report pre- sented to you at your June 22, 1983 meeting (see report R-83-29 , dated June 16 , 1983) . The interim use and management recommendations contained in those two acquisition reports have been incorporated into this plan. Because this preserve is at the top of the Plan for Relative Site Emphasis of District Sites, the next full use and management review will be in November 1984 . I . Site Description and Use The site is comprised of 888 .5 contiguous acres of land located along Skyline Boulevard and Alpine Road. Centrally located along the Skyline corridor, the Preserve is bounded by Skyline Boulevard to the north and east, Alpine Road to the north and west, and private property to the south (see attached map) . Open space use of the site is primarily from hikers and equestrians traveling on the existing road network through the Preserve. Several special hikes were held on the site in conjunction with the District's tenth anniversary celebration, and a trail ride was organized by the Mid-peninsula Trails Council . Problems on the site tend to revolve around the three reservoirs on the property, and fishing and swimming occurs in the reservoirs, especially in the spring and summer months . All three reservoirs are posted "No Swimming" . At the time of purchase, several lease agreements were formulated with the former owners regarding use privileges for several areas of the Preserve for a two year period. In accordance with the agreements, the A-frame house and one bedroom cottage on the Preserve remained rented while the former ranch manager continued to live in the main ranch house. In addition, the former owners R-83-48 Page two retained use privileges for six horses in the stables and grazing area and recreational use of the northwestern reservoir. The lease of these areas terminates on January 1 , 1984 with provisions for the former ranch manager to move to the A-frame house for an additional three year period and for the former owners to con- tinue to lease the stables and grazing area for four horses on a year to year basis. In addition, the family compound area at the northwestern corner of the property continues under the original 50 year lease to the former owners. II . Planning Considerations The Preserve is located within unincorporated Santa Clara and San Mateo Counties, with a small portion within the city limits of Palo Alto. Portions of the property are zoned open space, agricultural, resource management, and timberland preserve. The area along Skyline Boulevard is subject to regulations relating to land use within the Skyline Scenic Corridor. The District is proposing that a comprehensive master plan be prepared for the Preserve. Peninsula Open Space Trust (POST) has expressed an interest in this study and has offered to provide funds which have been secured through private grant programs . III. Use and Management Plan The following use and management recommendations include the interim plans contained in the acquisition reports and new recommendations proposed for the year to come. A. Access and Circulation Existing Use and Management Plan 1 . The entrance to the site from Skyline Boulevard is presently open, allowing vehicular entry. A pipe gate should be constructed at the entrance restricting vehicular access to patrol vehicles and residents. Fencing adjacent to the gate should follow District standards of split rail style to identify the site as District-owned. Cost is estimated at $1000 and the project should be completed in the summer of 1982 . Status : The entrance to the site has been gated and split rail fencing installed. The gate has remained open since its installation. However, due to the increasing popularity of the site and high visibility along Skyline Boulevard, the gate will now be kept closed and locked to prevent illegal vehicle encroachments . 2 . A pipe gate should be installed on the road entering from Alpine Road at the northern boundary of the 20 acre retained parcel . Cost is estimated at $850 and the project should be completed in the summer of 1982 . Status: Materials are in stock and installation is scheduled for December, 1983 . 3 . The site would be open to equestrians and hikers. Hiking/equestrian stiles would be installed at the Skyline Boulevard and Alpine Road intersection and along Skyline Boulevard adjacent to the Christmas tree lease area. Cost is estimated at $600 and the project should be completed in the summer of 1982 . R-83-48 Page three Status: The site has remained open to hikers and equestrians; however, the stiles have not been installed. Materials for the stiles are available and will be installed in December, 1983 . Until the stiles are constructed, access to the site is through the main entrance along Skyline Boulevard with parking available at the intersection of Alpine and Skyline Boulevard. 4 . The roads should be maintained for emergency and patrol access. Status: The roads have been maintained by the former ranch manager residing in the main house. Annual road mainte- nance, anticipated at $750 , should be included in FY 84-85 budget preparation. 5. Perimeter fencing and gate along Skyline Boulevard should be maintained to restrict off-road vehicle access . Status: The fencing is maintained to prohibit off-road vehi cle access to the Preserve. B. Signing Existing Use and Management Plan 1 . The three reservoirs should be posted with "No Swimming" signs . Status : The three reservoirs are posted "No Swimming" and the ordinance enforced by the Rangers . 2 . Preserve boundary signs should be placed at appropriate points . Status: District boundary plaques have been installed near all access points . New Use and Management Recommendations 1 . Preserve boundary signs, wildland signs, and temporary trail signs should be installed on the site to aid in circulation. Cost is estimated at $280 with funding included in the FY 83-84 budget. C. Brochure There is no brochure for the site; however, a map of the site is available from the District office. D. Structures and Improvements Over the past two years, the former owners have leased the ranch area and pond and the former ranch manager has resided in the main ranch house under the provisions of the Purchase Agreement. This lease is scheduled to terminate January 1 , 1984 , at which time the A-frame house was to be leased to the former ranch manager for an additional three years. The ranch manager has informed the District he intends to move off the property in April 1984 and wishes to sublet the A-frame house in accordance with the lease provisions. Under that agreement, the District has the right to acquire his remaining leasehold interest by making a lump sum payment. Existing Use and Management Plan 1 . A study should be initiated to determine the potential use of the ranch complex buildings . R-83-48 Page four Status: While several student and staff projects have analyzed the ranch area, the concept of the use study has been broadened to provide a comprehensive master plan for the entire Skyline Ridge Preserve. Peninsula Open Space Trust will provide funding for this study up to an amount of $50 ,000. These funds are to be provided to POST by grants secured from foundations such as the Packard Foundation and San Francisco Foundation. A consulting firm will be retained by the District to prepare the master plan. It is planned that a "Request for Proposals" to conduct this study will be distributed by December 15, 1983, and accordingly the final master plan should be completed by November 1984 . Staff will return to the Board for final approval of the "Request for Proposals" at your meeting of December 14 , 19e3 , and again in February 1984, for authorization to execute the proposed contract. The "Request for Proposals" is attached (see Appendix B) and is to be considered part of this use and management plan. 2. The structures in the ranch area will be leased to the former owners for a period of two years. Following this period, the A-frame will be leased to the former ranch manager for an additional three years and the stable would continue to be leased to the former owner on a year to year basis. Status : Since the former ranch manager intends to move off site in April, the District should exercise its buy-out rights in the lease agreement for all interests in the A-frame house. It is anticipated that a buy-out agreement will be presented to you for consideration at your December 14 , 1983 meeting. Starting in January 1984, the stable and grazing area will be leased on a year to year basis . 3 . The newly acquired residence located to the southeast should be rented as soon as possible to provide a presence on the site until long term disposition can be considered. Status: The house was rented in October on an interim basis until long-term disposition is considered in the proposed master plan for the site. The location and size of this structure could lend itself well as a potential youth hostel . New Use and Management Recommendations 1 . Since the former ranch manager does not wish to move from the main house until April 1984 , he will be allowed to rent the house and a portion of the garage. In exchange for rent, he will be performing various clean up and maintenance projects on the Preserve. The conditions of this hold-over tenancy would be included in the buy- out agreement intended for presentation at your December 14 meeting. 2 . The boathouse adjacent to the reservoir at the intersection of Alpine Road and Skyline Boulevard should be removed due to its current condition. The residents within the family compound on the site will continue to have use of R-83-48 Page five the reservoir and boathouse area until January 1 , 1984, at which time the boathouse will most likely be removed. The project could be coordinated with the California Conservation Corps and other projects in the Skyline area. 3 . Within the year, the small cottage located in the ranch complex should be phased out as a rental unit and become an interim Ranaer field office until the master plan for the site is complete. The cabin would be used as an office and for storage of maintenance and field supplies, fire suppression materials, and rescue equipment. 4 . All other structures in the ranch area will be secure until completion of the master plan. E. Natural Resource and Agricultural Management Approximately 100 acres of land is leased as a Christmas tree farm fronting on Skyline Boulevard. A fire charred approxi- mately 10 acres of the leased tree farm area on the site in October, 1983 . The fire occurred on one of the upper hilltops within the leasehold area, an area scheduled to be phased out of Christmas tree production in three years . The California Department of Forestry, City of Palo Alto, and District Rangers responded to the fire. Several student and volunteer research projects have taken place on the site since acquisition of the property. The projects have included extensive resource inventories and site mapping. The 19 acre chestnut tree area on the southeast portion of the Preserve was leased for one year to an interested party in June 1983 . The dam on the lower reservoir eroded away during the winter of 1982-83, and there are no immediate plans for rebuilding at this time. Existing Use and Management Plan 1 . Resolve the use conflicts with an adjoining property owner, specifically including discontinuation of horse grazing on District property. Status: The horses belonging to the adjacent landowner were removed from the southeast corner of the Preserve in April 1982 . No further grazing has occurred in the area since removal of the animals . Stall will continue to work with the landowner to resolve minor encroachment and signing problems . 2 . The 24 acre crazing area was leased to the former owners for a period of two years. Status: The grazing area lease terminates January 1, 1984 . At that time the grazing area will be leased for use of a maximum of four horses on a year to year basis in accordance with the terms of the original purchase agreement. New Use and Management Recommendation 1 . The gates and fenceline adjacent to the Christmas tree farm are in need of repair. District staff should work with the lessee to secure the gates and maintain the fenceline sur- rounding the tree farm. R-83-48 Page six F. Visitor and Site Protection District Ranger staff continues to patrol the site regularly. In addition, the ranch residents and the Christmas tree farm lessee provide a presence on the site and aid in alerting District Rangers of problems. G. Dedication The site is dedicated public open space. Recommendation: I recommend you tentatively adopt the use and management plan for the Skyline Ridge Open Space Preserve as contained in this report, including the attached "Request for Proposals" , for the master planning of the Preserve. The use and management plan will return to you for final approval at your meeting of January 11, 1984 . However, because of time restraints in making the "Request for Proposals" available to consulting firms, it will be returned to you for final approval at your December 14, 1984 meeting. ' -•SrS;:<i -v .v ti •��- -- -s- L+r. Ini{y,�ti�...."S-.••�x:��••�•�_.. L. � '�••: :i+.•. Yef. '�>:_�r.� }� •' �1•�;�:,�;71 7:Ly {{•}L?J f' •� g4{ 4? •~, Y :•�• ::w•/. + •�i♦y♦•• yt__ + ' "��•� � II *V _ r � ^+�• �/�--�"I _.r?gyp', . �!_/�. r _ __r �,` '> �>i t+•.' RUSSIA"? RIDGE OPEN SPACE PRE E, . , 4& � ry OPETT- SPACE PRESER16;fi SK -A r a Ranch 44 JHou site of Fire =,u�3 � . ..y .._ _• .,��. .. �. '� `'ate` _- - _ •�'✓' \J.ti-•5i ,ChestnutV. �� •— - r ��. r_ Orchard14. jam!j ..•-� f) -:01 - - aM � f _ F'.A —. — _ `ter - -..6� _.. .�-...�-_!�_..:.i.... „-1_�_.j'.j ` � C y'• +� J I - '�'{ . 1•�• ` •�"` �'S.�r,'f` , ' APPENDIX A �° = SITE MAP USGS) .-,; tom _ � k r � _ + $ Vie a° \ s SKYLINE RIDGE to: _. . �; E g�. alto: t OPEN SPACE PRESERVE `• Hills s f unn c vale 'ti `•w :».:F=`. �, >•'> o Farm ly Compound f 1 t; s �' • L'��I• � (20 acres) Rand Area suo P.ajnente �. f -; (16 acres) 1 Christmas Tree Lease -•r... - � �a•rsr�ve , pail a?� Area 23 acres) yc1L�[�• ,;"OJT:a"- '\ (..' "�'�' (- 'c "I'll, S�R,ns, _- Grazing Area (24 acres) - s.sw.s MN; Scale 1" = 2000 ' North rf.. •r. - v.. DRAFT Appendix IBI Request for Proposal Project Title: Master Plan for Skyline Ridge Open Space Preserve Project Description: The Midpeninsula Regional Open Space District wishes to employ a consultant to prepare a master plan for the Skyline Ridge Open Space Preserve. The intent is to plan compre- hensively for long term open space and recreational use of this undeveloped site. Emphasis will be placed on maximizing public recreational use, the preservation of natural features, and creation of a phased development and management plan. A consultant will be retained by the Midpeninsula Regional Open Space District (hereafter referred to as District) and will work under the direction of the District's Land Manager, or other persons so designated by the General Manager. The funding for this_ project has been raised by the Peninsula Open Space Trust (hereafter referred to as POST) , which has obtained grants from a number of foundations for the project. It is anticipated that this project will be awarded and a contract signed to proceed in early February 1984, with work to be concluded and approved by POST and the District Board of Directors in November 1964 . Consultant Qualifications This invitation is being sent to those landscape architectural, architectural, or planning firms known to be qualified to perform the described project. Primary consideration will be given to those small and medium sized firms which can demonstrate successful past experience in similar design and management projects related to public park and open space properties. The applicant firm shall be licensed in the State of California and its subconsultants shall likewise be licensed to practice their particular speciality. Invitations are going to qualified firms throughout the Bay Area, but firms within the District may be given priority consideration. The District is an equal opportunity employer and will require the consultant to provide evidence of past and ongoing efforts to assure that no discrimination is made in the employment of persons because of sex, race, color, religion or the national original of such person, and of past and ongoing efforts to involve minority business enter- prises in the performance of its services. Proposal Requirements The consultant' s proposal shall be presented in two parts, consisting of 1) personnel and firm qualifications, and a conceptual project approach and work program, and 2) a fee schedule. Each is to be submitted in separate envelopes and clearly identified as stated above. The proposals can include any information that you feel might aid the selection committee in ascertaining your qualifications . In addition to basic information, consultants should present specific written and/or graphic information relating to their approach to satisfy the requirements of this project. Appendix 'BI Page two DRAFT The applicant's submittal must include the name of the principal who would be in charge of the project and would be the District's contact throughout the project. All subconsultants with pertinent qualifi- cations should also be identified. Proposals shall be submitted to the midpeninsula Regional Open Space District, to the attention of Mr. David Hansen, Land Manager, and shall be postmarked no later than January 15, 1984 . Scope of Consultant Services 1) Consultant will complete an analysis of existing natural and cultural resources and improvements. This should include but not be limited to: 'Assessment of community's recreational needs through public hearings, *California Environmental Quality Act site assessment and fulfillment *Meeting with appropriate permit granting agencies and municipalities, 'Surveys of natural and man-made features, leases, easements, and utilities in a written and pictorial form. An initial detailed study has been prepared by a biologist and is available for review at the District office. 2) The consultant will hold public hearings in the course of the planning process . The number of hearings will be determined by the amount of public interest and will include a minimum of one hearing to solicit input for potential site use and a second to review and respond to a draft master plan. 3) Various meetings between the consultant and District will be held as necessary and will include POST when appropriate. Presentations should be made of both conceptual and final master plans to the appropriate governing bodies. 4) The master plan should address long-term (50 year) planning for the enhancement of the natural environment and consideration of the developed features of the site. It should propose future uses and improvements which would be consistent with general District goals and policies, but not necessarily limited to existing site use and improvement policies . The master plan should show alternative creative ways of utlizing the site. Scenarios could include more intensely developed open space facilities than the District currently manages so long as they do not con- flict with the District's concept of open space. For example, future uses which would be compatible could be an equestrian facility, campgrounds, youth hostel, interpretive center, etc. Uses which are legitimate recreation uses but which would not be compatible, however, would be such things as an off-road vehicle site, shooting range, bandstand, conference center, multi-purpose ballfields, etc. The plan should address potential impacts on adjacent park and open space preserves, private neighbors, and the Skyline Scenic Corridor in general . 5) The master plan shall include design concepts and complete site plans through drawings, text, maps, and other support materials showing all the major components of the proposed plan and esti- mated costs of construction. Significant changes in design of existing structures and any proposed new structures will require sketch plans and cost analysis. A detailed phasing plan for development and implementation of the master plan shall also be required, including a financial implementation plan. Appendix 'B' Page three DRAFT 6) The master plan shall include comprehensive management and operation plans which may extend beyond the current District' s management program to include a variety of forms of management by other agencies or private groups. Consideration should be given to potential impacts the use plan may have on the District's current management program and include a realistic feasibility study for augmenting this management program. 7) Consultant's final report must be received and acted upon by the District's Board of Directors by November 28 , 1984 . A detailed timetable of how and when the work will be accomplished should be provided by the proposer. Selection Procedure 1) A selection committee consisting of representatives of the District's Board of Directors and staff, POST, and possibly local city or county park and recreation departments will evaluate the proposals. 2) Proposals will be evaluated according to the specificity, clarity and comprehensiveness of the project plan and its responsiveness to the described scope of work to be performed. 3) Proposals will be evaluated in two parts . The background material, approach and work plan will be examined independently of fee schedule in an effort to more objectively select the most qualified consultant. 4) Primary consideration will be given to the demonstrated competence and prior experience of the consultant and the ability of the consultant to bring adequate staff and facilities into the project to ensure successful completion of the project. 5) The selection committee will invite three finalists to be interviewed, allowing approximately 30 minutes for presentation and questions . 6) The District' s Board of Directors will act upon the recommendations made by the selection committee and authorize the General Manager to enter into contract with the selected consultant. 7) POST and its grantors must approve of the consultant selected by the District, the specific work program, and line item budget. District Background and Policies The Midpeninsula Regional Open Space District is an independent, special district created in 1972 by the voters of northwestern Santa Clara County and joined by southern San Mateo County in 1976 . The purpose of the District is to acquire the preserve open space lands in the foothills and baylands. The boundaries of the District generally extend from San Carlos to Los Gatos, and from the San Francisco Bay to Skyline Ridge. The land is preserved for a variety of reasons, including protection of flora and fauna, agricultural production, preserving areas of scenic beauty and the scenic backdrop, shaping urban growth, ensuring public safety, environmental education, and recreation. Appendix 'B' Page four DRAFT The District follows a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values. As land is acquired, the District works to make it accessible to the public . Initial recreational development is primarily low intensity recreation such as hiking, riding, and nature study. The ultimate development is envisioned as that which maximizes recreational opportunities while insuring protection of important natural values of open space. This will preclude such facilities as large ball fields, golf courses or tennis complexes. The District seeks arrangements with other governmental agencies or private groups whereby they provide some or all development and supervision of recreational facilities. The District currently has 23 preserves totally approximately 14,500 acres . Of these, 8 have public staging areas with trail systems; the remaining 15 are considered undeveloped. Site Information - Skyline Ridge Open Space Preserve The 890 acre Preserve is an integral part of a vast amount of public open space along the Skyline Scenic Corridor. It is located at the intersection of Alpine Road and Skyline Boulevard, which is a center point within the District' s Skyline holdings. The site potentially offers access to over 6600 acres and eight different preserves. The natural features of the Preserve are those common to the Santa Cruz Mountain region. The terrain is gentle to steep, and vegetation types range from oak woodland to Douglas fir forest. There are a number of improvements on the Preserve, including 1) a network of roads and trails, 2) a developed water system and reservoirs, 3) an operating Christmas tree farm, and 4) various ranch and residential structures . Portions of the Preserve are currently leased and, because some of these leases are long-term, require special planning considerations. Attachments: A) A master plan for the Skyline Ridge Open Space Preserve by POST B) Basic policies of the Midpeninsula Regional Open Space District C) A U.S.G.S. site map D) The MROSD all site brochure Note: Attachments B, C and D to be attached to R.F.P. Attachment "A" A MASTER PLAN FOR THE SKYLINE RIDGE OPEN SPACE PRESERVE (by Peninsula Open Space Trust) The Skyline Ridge Open Space Preserve lies at the center of a most successful local effort to preserve a wilderness environment adjacent to an urban area. This 888-acre preserve was acquired early in 1982 by a public agency, the Midpeninsula Regional Open Space District (the District) . Located at the intersection of Skyline, Alpine and Page Mill Roads and in the center of 7,000 acres of public land, Skyline Ridge Preserve is the logical focal point for recreational use. The challenge lies in developing recreational opportunities which best meet the needs of two million nearby residents and yet still afford a wilderness experience for the visitor. THE PROPERTY Skyline Ridge Open Space Preserve is located primarily within unincorporated San Mateo County, with a small portion being within Santa Clara County. (See map attached) . The land itself is unique. From Highway 35 it rises sharply to a 2,500 foot peak, one of the highest in the Santa Cruz Mountains. From that point, there are unsurpassed views of the publicly owned wilderness areas to the east and to the west, and of the ranchlands and vast forested ridges which sweep down to the Pacific Ocean. Three man-made lakes are found on the property--an unusual water feature in this part of mountainous California. However, the site may be best known for its Christmas tree farm which is visited annually by thousands of Peninsula families as their source for a personally-cut tree. The property is primarily undeveloped land with two exceptions. First, a cluster of four houses and accessory structures is located in the western portion accessible from Alpine Road and is retained as is under a 50 year lease to the former property owner. Another area has a ranch style house, stable, garage, small rental cabin, tennis court, and several auxiliary buildings, including a floating dock and a boathouse on the shore of a reservoir. This general area is envisioned as the site for the more intensive building oriented uses proposed in a master plan. POTENTIAL DEVELOPMENT Because of the enormous opportunities available at Skyline Ridge Preserve, the District's Board of Directors has it listed as the top priority development project. Its central location and diversity of landscape make the area suitable for campsites, picnic areas and multi-use trails. As a midpoint in District lands, Skyline Ridge could be used as the key place for a ranger station and corporation yard for equipment and supplies. Portions of the Christmas tree -2- farm will provide educational opportunities for study as the eventual-l-y revert back to a more natural state. And mo.;t important . the location provides the opportunity to tneet many of the conitnuni.ty 's recreation needs. Possible facilities include a modest retreat tenter for community groups and businesses; stables, a riding ring for equestrians, and a natural history center for tide Santa Cruz Mountains. Although current District policy would preclude some of these uses, the opportunity exists to lease portions of its property to private organizations such as POST, the Environmental Volunteers, and American Youth Hostel, among others. These organizations could assist with development through fundraising and later by managing the facilities. Development of the Preserve will require a unique and detailed master plan. Certain portions of the property, still under lease from the previous owners for varying terms, will necessitate a plan with a phased approach to development. In addition, the planner will need to consider the community's long-term needs. An experienced land use planner should be hired immediately to develop the site plan so that implementation can begin as the first lease expire. Parameters for the master plan will be set such as time, costs, District requirements, tie-in with other agencies and legal restraints, location and t g public input, g groups. The planning-organization would be jointly selected by the District` and POST. POST will have input throughout the planning process with joint approval of the final site plan. PUBLIC/PRIVATE PARTNERSHIP Over the years, the District and the Peninsula Open Space Trust (POST) have demonstrated what the current Federal administration refers to as a public/private partnership. As a not-for-profit public benefit organization, POST has recently turned its efforts to the District's need for help with recreational development on public open space preserves. Projects have included a $10,000 contribution to build a parking lot on Montebello Open Space Preserve and most recently POST was successful in raising $20,000 more than the $50,000 campaign goal to build a trail on the District's Windy Hill Preserve. Over 100 people also volunteered to help with the trail building. Several factors have contributed to POST's decision to seek a grant for the Skyline Ridge Preserve Master Plan: 1. POST's goal of opening preserves to meet the communities' recreational needs; 2. Based on the enthusiastic response to the Windy Hill Trail campaign, the potential of community involvement and identity with District sites and of POST raising funds for recreational development. -3- 3. Limited District staff resources and time to prepare the complex plan this project and site will require; 4. The elimination of Land and Water Conservation Fund monies traditionally used by the District for development projects; 5. The opportunity to potentially open Skyline Ridge to uses beyond the District's current policy of limited passive recreation. The District will send out requests for proposals to planning firms fo r a plan that will outline a phased approach to developing the Preserve and will meet the community's recreational needs. In addition, the information in the report will provide the basis for determining the means of financing Skyline Ridge's development. It is anticipated that development will be financed through a combination of private funding, public funding and fund-raising carried out in the community. The master plan will be the key document for planning financing, fund-raising, and the facilities to be developed. It will also determine the feasibility of leasing portions of the Preserve to private agencies for management, either on a concession or not-for-profit basis. Skyline Ridge Open Space Preserve can become a hub of activity for recreation which will make 7,000 acres of open space and wilderness readily accessible to 2 million urban resident living a short distance away. SAN MATED 92 SAN^•1'��^-. FRANCISCO BELMONT Mtride IMII)PENINSULA REGIONAL OPEN SPACE DISTRICT y,1 BAY CAYSUL Sww�1S �a AE$ERVG'R SAN p�w� CARLOS eT tUt �rX SAN MATED BAYIANOS ...rrr '* E } REDWOOD EAST Gr'r / ' , _ 1 f- y r t San ffdrk75CG EJQewDod Y PALO ALTO-��/ �.�---_� •�.` VralerV*d Lands Park \'? �+ ATHERTON c G �-+'•, h'+.. "'�_-� WHITTEMORE •` r Palo 0 GULCH ram^ f`PALO ALTO aylan05 \ Mud rt s P +„MENLO ShoIne PARK 1 P •STEVENS CREEK WOODSIDE •b3 NATURE STUDY AREA Sunny• Park Tf �^ IF dGosAb; J i mvideriich Park �� MOUNTAIN i PORTOL�1 ky` � \ VIEW VALLEY + . 44ro ORNEw00 i Los s+ ALTOS HILLS Pc LOS INDY HILL n ALTOS v � Foothills f+ SUN AL.E Park ` Dv Po 280 a5 i COAL FOOTHILLS OUVENECK ANCHO N ° EK. WINOMIL NTON10 MT.MELYILLE AREA lOS \' PASTURE _ s Ir K CAFS TRANCO A" Rancho San I I MONTE BELLO Park RUSSUN RIDGE Antonio Pd y � 1 Sam McDonald PAGE MILL R& Park AREA ('I �Tf `SKTUNE -q ` T RIDGE Skyline PICCHE I Park RANCH FREMONT ki ts" Q OLDER & evens Cr g be San Mateo ARATOGA �! k Memorial Park Park Creek GAP Park Pescad r RIDGE yf q � $ARATOGA I Porfola Park s COS NOAH Vasona take WAY Par: Castle Rock Villa MOnWIv0 y Park Aroorelum p Sa nborn 1♦El ERENO wG ---------------- LOSGATOS� KENNEGY . 1fVV41A AREA BRIGGS CREEK LIMEK?L% `E;wG CANYON ® AfSERV Big E1asn park MAN2ANITA RIDGE MT. -1[.YHUN NORTH LiEA MT. TAATER SCALE IN MILES 17 AREA 1 0 1 2 3 4 5 R-83-47 (Meeting 83-29 December 7, 1983) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 30, 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: Proposed Addition to Long Ridge Open Space Preserve (Chesebrough Property) Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase fee title to 80 acres of land within unincorporated San Mateo County, south of and adjacent to the Long Ridge Open Space Preserve (see attached map - Parcel A) . At the same time, an additional 182 acre parcel located within unincorporated Santa Cruz County adjacent to the Long Ridge Preserve and the aforementioned 80 acre parcel is proposed for acquisition by the District and Sempervirens Fund (see Parcel B on attached map) . Sempervirens Fund would hold fee title, while the District would receive a conservation easement over this entire parcel , including provisions for public access, trail construction, fencing, and signing where appropriate. The site is comprised of a series of grassy knolls affording 360 degree views of Monte Bello Ridge to the east and Butano Ridge to the west. Rock outcroppings and lone oak trees at the tops of the knolls along the trail route provide picturesque picnic spots for hikers . A. Description of the Site 1 . Size, Location and Boundaries The two parcels are located adjacent to each other and directly south of Long Ridge Open Space Preserve. The parcels straddle the San Mateo-Santa Cruz County line and the Dis- trict's Sphere of Influence boundary. Parcel A, the western- most of the two parcels, is located within unincorporated San Mateo County and is within the District 's Sphere of Influence. Parcel B is located within unincorporated Santa Cruz County, just outside both the District's boundary and Sphere of Influence. However, Parcel B does border the District's boundary (Skyline Boulevard) to the east and the District's Sphere of Influence boundary to the west. In following sections the two parcels will be discussed as a whole unless otherwise identified. R-83-47 Page two The property is bounded by Skyline Boulevard to the east, the District's Long Ridge Open Space Preserve to the north, and private property on the remaining sides . Skyline County Park is located directly across Skyline Boulevard to the east, and Saratoga Gap Open Space Preserve is located approximately 1000 feet to the southeast. In addition, Portola State Park is located . 75 miles to the west. 2 . Topography, Geology and Natural Landscape The property is comprised of a series of grass covered knolls extending from Skyline Boulevard to the western boundary of the site. South of the grass covered knolls is a series of canyons with steep side slopes . Vegetation in the canyons and south facing slopes is characteristic of vegetation in the area--oak, bay, and fir trees . Geologically, the site is characterized by sandstone parent material with an occasional rock outcropping on the knoll tops and hillsides. Elevations on the site range from 2693 feet at the highest knoll top located in the northeastern corner of the site to approximately 1720 feet in the southwestern corner of the site. Two creeks that are the headwaters to Oil Creek are located in the southern areas of the site. B. Planning Considerations Parcel A, located within unincorporated San Mateo County, is zoned timberland preserve (TPZ) , a zone designed to protect commercially viable timberland. There is no developed timber plan for the site. Parcel B, located within unincorporated Santa Cruz County, is zoned UBS 100. This designation means "unclassified building site" with a minimum lot size of 10 acres; however, actual lot size is dependent upon terrain, slope, and accessibility. Both parcels are adjacent to but outside the District boundary, and therefore, no designation was assigned on the District' s Master Plan. C. Current Use and Development The site is undeveloped with the exception of a dirt road which winds through the grassland area in the northern half of the site. The road is gated at Skyline Boulevard several hundred feet north of the Charcoal Road-Skyline Boulevard intersection. The road runs into Ward Road to the west where it is also gated. There are no structures on the property except for a grouping of cattle pens in the northeast corner. A well is located in approximately the same area and, except for a six inch round opening which creates no public hazard, is secured. The property is grazed by cattle owned by an adjacent land owner. The grassland appears on initial inspection to be heavily grazed, with the owner providing supplemental feed for the cattle on the site. The number of cattle grazing on the site has recently been reduced. R-83-47 Page three D. Potential Use and Development Parking for approximately six cars could be accommodated at a roadside Pullout located several hundred feet north of the dirt road entrance to the site from Skyline Boulevard. Additional parking is available at the CalTrans parking area located at the intersection of Highways 9 and 35, one mile to the south and at the Grizzley Flat parking area approximately two miles north along Skyline Boulevard. The dirt road on the property ties in well with existing and potential public trails in the area. The entrance to Charcoal Road from Skyline Boulevard at Skyline County Park is several hundred feet south of the gated entrance to the subject property. Charcoal Road is an integral connection in the 7 .6 mile Saratoga Gap to Page Mill Road trail, thereby enabling visitors to gain access to the subject property from the Saratoga Gap area or the Page Mill Road area preserves (Monte Bello and Los Trancos Open Space Preserves) . The property acquisition also aids the future route of the planned major north-south Skyline trail . The potential for a long loop trail is also possible upon com- pletion of two smaller connections . The connecting trail between the Grizzley Flat parking area and Canyon Trail (Monte Bello Open Space Preserve) and a short trail connection between the southern- most road on the Lona Ridge Preserve and the road on the subject property would, upon completion, enable visitors to hike a 6-7 mile loop trail . Beginning at the Grizzley Flat parking area, the trail would follow the proposed connection across Skyline County Park to Canyon Trail. Once across Stevens Creek and Table Mountain, Charcoal Road would bring visitors to the subject property. Following the road on the subject property across the grassy ridge for a distance of . 75 miles , a connecting trail several hundred feet in length would link the trail to the road which runs the length of Long Ridge Preserve, thus taking visitors back to the Grizzley Flat parking area. E. Interim Use and Management Recommendations 1. The existing road will be maintained for patrol purposes. Ili 2. Preserve boundary plaques and wildland signs will be placed at visitor entry points and where appropriate. The cost will be approximately $35 . 3. The existing gate on Skyline Boulevard will be replaced with a District pipe gate and hiking stile. The cost will be about $1000 . 4 . The property will remain open to public use, and District ordinances and District Ranger enforcement of the ordinances will apply to Parcel B. 5. Staff will seek to continue the grazing agreement with the adjacent neighbor on at least an interim basis. The site will be incorporated into the grazing plan currently being formulated with the help of the Soil Conservation Service. F. Name I recommend the property become an addition to the Long Ridge Open Space Preserve and be known by that name. R-83-47 Page four G. Dedication I recommend the 80 acre parcel (fee title) be dedicated as public open space. I further recommend the 182 acre conservation ease- ment also be dedicated. H. Terms The parcels proposed for acquisition are covered by two separate purchase agreements, as attached: Parcel A The eighty (80) acres within San Mateo County would be acquired in fee by the District at a total price of $190, 000 ($2,375 per acre) . The contract Provides for a 25% down payment of $47 ,500 with the balance of $142,500 payable over five (5) years at 7% interest. Parcel B The one hundred eighty-two (182') acres within Santa Cruz County would be acquired in fee by the District at a total price of $430,000 ($2 ,363 per acre) . The contract provides for a 25% down payment of $107,500 with the balance of $322 ,500 payable over five (5) years at 7% interest. Concurrently with close of escrow, Sempervirens Fund would pay the District $123,000 ($675 per acre) for bare legal title to Parcel B. This figure is based on a 25% down payment of $30,750, with the balance of $92,250 over five (5) years at 7% interest. The attached Agreement of Purchase and Sale of Real Property details the conditions of this resale of Parcel B. Since this parcel lies outside the District's boundaries and Sphere of Influence, it is more appropriate that Sempervirens Fund hold fee title to the property in anticipation of future transfer to the State of California as a part of the Skyline to the Sea Trail and side connection to Portola State Park or to the District, as appropriate. The Agreement provides that the District would have a recorded conservation easement over the entire parcel and the responsibility for management of the property for the foreseeable future. The purchase price for Parcels A and B is in accordance with the District's appraised value. The payment by Sempervirens Fund for bare legal title to Parcel B is based upon the value of the open space easements acquired by the District from Hidden Villa (the most recent transaction required a payment of $665 per acre) . The amount of cash from the District required to close escrow is $124 ,250 and would come from the New Land Commitments budget category. Recommendation: I recommend that you adopt the following Resolutions : (1) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Chesebrough--San Mateo County) . (2) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant R-83-47 Page five to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve--Lands of Chesebrough-- Santa Cruz County) . (3) Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of an Agreement for Purchase and Sale of Real Property, Authorizing officer to Execute Grant Deed for Interest in Property Being Released, Authorizing Officer to Execute Certificate of Acceptance of Con- servation Easement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Long Ridge Open Space Preserve--Sempervirens Fund) . I also recommend that you tentatively approve the interim use and management recommendations contained in this report and name the property an addition to the Long Ridge Open Space Preserve. It is further recommended that you indicate your intention to dedicate Parcel A (fee title) as public open space, and dedicate conservation easement title to Parcel B. - -.x..'a /r!•. - :•1• l�:•�..:JS•j' :Jr:I.1::• �9'�J •Z. '♦.. •.S ......_...:•};.}::�:�.a.... .j' - P •at `)' �' r.! • •rah ;rar-..:• r Les - =a R i J tes � 1•� �l 1• Imo` f 9 v a s t :. �O e EL I ' 4 rau = SKYLINE••RIDGE �=:` /i' _ - Pr�tScRVE __ �.�-7�1 i�,V'/� �`�^'♦ :C y �'•i i•ceaw� # l i �.t:' lw��:,�T:: -:.isr _• ...\. '.��/ 1 t P+v'rt,:! fi 3 6pC1ltA J� �`�!, .- - l� - ra X:.~ ��`'G�OC��--•�� /��'�^.•� 1 _ � 'a eo.r� �. f'ft V,' r J 31 •:;_ �� --ter= � � `� ': ,,:2,'• i [ .=•.. _ °g 2�� _ _~.'S� /�� 2"J..- _ - ':�::;':'•• ":''~.�.•::4wa+a !� ' '�''' fri�reN � � y y:. . l i ` p u�227 / �,� - ��,�, a'•:s:.;:::r':3 .s•_. :� t .-`�,'�.�. war+::` . 1 :'(.. - - PARK _ICING AREA;--'*17 -�r ZN ..y er :,• a _ r •r� - ` •f J � � .1 __ •� i' •'tip-.'- •'i 4 .J - '.tr v: -�•i- - "'�' •�, •i• :::=:?'.-'''fs�ti•i--i:•i:•-�1:'.'•::.;y_::---rs.•:�i.:i- .,; '�.•.f. . .. -- �; s +� DISTRICT :.';'...BOUNDARY X. ,•.. .r.:'.•e..+. _ _ �. �•;ij:. 'i;=t:: ::.:=its'.:. IL •l i' y 41- �`iti:• - i.•;. - -_���--� :,: :��:-�: :••:::: � _ SKYLINE•COUNTY- P R Te - 7' V r - r a - 'S' v 1'r ':a t _ .. 3 •I KOJ I O: 3 47- y i fLy 1 -�- LO G��RID•.E PRESERVE b I V -w�•� a� 1 - _ =`% •tit:.'•:: '... . .. PARCEL A - �• .�::':-::': =a`�' '" `_ % - i- .:::: ::... _ . .. .�: :s'•::::: SARATOGA�GA* (80 ACRES 1, .•r - ::1':`:::.: ti = =':$v _''' i J .• 1;,. \, FEE TITLE _ PRESERVE va`'b `'r pOd .w•••• • • •. . . •►. . . "„`lfi:.••:r::•' _•r_•, - -_.: - 'G4 ^ram— t = �azar�.,'�-. ._ '� -..••• ••..... ... .. w -�:�a�. :%.••:.:•..-.::c_•7•:::�•• •oar -J% ✓`�� `,' _• '� as •3, r _tax PARCEL B :r (182 ACRES) i .p •._ E P02T0�, CC�iS_ERVATION EASEr ra ogarsr+Rsrt SPHERE OF INFLUENCE BOUNDARY 4 � 300f�g- ,`�• ,/9- _ - r.���V r t —� Site Map LONG RIDGE OPEN SPACE PRESERVE .::..�: ,_:ram _ y'� `• (_'�� ts r �._ � - -::': :/ Scale 1" = 2000' North i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE P4 D N PtSUL A REGIONAL OPEN SPACE DISTRICT I PE I AUTHORIZING C A CEPTANCE OF PURCHASE AGREEMENT, , AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE--LANDS OF CHESEBROUGH-- SAN MATEO COUNTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows. Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Paul M. Chesebrough et ux. , and the Midpeninsula Regional Open Space District, dated November 14, 1983, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or _ other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5 ,000 to cover the cost of title insur- ance, escrow fees , and other miscellaneous costs related to this transaction. Section Five. The sum of $190 ,000. 00 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1982 Negotiable Promissory Notes Acquisition Fund for this purchase. r. PURCHASE AGREEMENT THIS AGREEMENT is made and entered into by and between the undersigned individuals, hereinafter called "SELLER" and the Midpeninsula Regional Open Space District, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER'S real property located within an unincorporated area of the County of San Mateo, State of California, consisting of 80 acres, more or less, and commonly referred to as San Mateo County Assessor's parcel number 085-160-050, being more particularly described as follows: The East 1/2 of the Northeast 1/4; of Section 2 , Township 8 South, Range 3 West, Mount Diablo Base and Meridian. TOGETHER with any easements, rights of way, or rights of use which may be appurtenant or attributable to the afore- said lands, and any and all improvements and/or fixtures attached or affixed thereto. 2. PURCHASE PRICE AND MANNER OF PAYMENT The total purchase price shall be One Hundred Ninety Thousand and No/100 Dollars ($190 ,000 . 00) payable in the following manner: a District shall a the sum of Forty-Seven Thousand pay Y Five Hundred and No/100 Dollars ($47,500. 00) in cash (upon close of escrow as hereinafter provided) to be disbursed as follows: i) To Paul M. and Nessie Chesebrough: Three Thousand Eight Hundred Thirty and No/100 Dollars ($3,830. 00) . ii) To Elaine Chesebrough: 'Twenty-One Thousand Eight Hundred Thirty-Five and No/100 Dollars ($21,835. 00) . iii) To Meryl Chesebrough: Twenty-One Thousand Eight Hundred Thirty-Five and No/100 Dollars ($21,835. 00) . z Chesebrough Agreement Page Two b) The balance of said total purchase price of One Hundred Forty-Two Thousand Five Hundred and No/100 Dollars ($142 ,500. 00) shall be in the form of three promissory notes all secu red b a First Deed of Trust recorded d against the subject property, payable as follows: i) Eleven Thousand Four Hundred Ninety-Two and No/100 Dollars ($11,492 . 00) shall be evidenced by a promissory note payable to Paul M. and Nessie Chesebrough, as community property, which shall be paid in five annual principal installments of Two Thousand Two Hundred Ninety-Eight and 40/100 Dollars ($2 ,298. 40) , or more, together with accrued, tax- free interest, at the rate of seven percent (7%) per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full. ii) Sixty-Five Thousand Five Hundred Four and No/100 Dollars ($65,504. 00) shall be evidenced by a promissory note payable to Elaine Chesebrough, as separate property, which shall be paid in five annual principal installments of Thirteen Thousand One Hundred and 80/100 Dollars ($13 ,100. 80) , or more, together with accrued, tax-free interest, at the rate of seven percent (7%) per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full. iii) Sixty-Five Thousand Five Hundred Four and No/100_ Dollars ($65 ,504. 00) shall be evidenced by a promissory note payable to Meryl Chesebrough, as separate property, which shall be paid in five annual principal installments of Thirteen Thousand d 80 100 Dollars ($13 100. 80) or n Hundred an , ,One l more, together with accrued, tax-free interest, at the rate of seven percent (7%) per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full. 3 . TITLE AND POSSESSION Title and possession of the subject property shall be con- veyed to DISTRICT at the close of escrow by Grant Deed, free and .clear of all liens , encumbrances , judgments, ease- ments, taxes, assessments, covenants, restrictions, rights ' ions of recor d excep t: and Condit __ ,r :✓r �� �� � Chesebrough Agreement Page Three a r the fiscal year in which this escrow closes Taxes �o �. y shall be cleared and paid for in the :Wanner required by Section 4986 of the Revenue and Taxation Code. b) A land conservation agreement by and between Paul M. Chesebrough and the County of San Mateo, dated March 7, 1966 and recorded June 24, 1966 in Book 5180 official records, Page 400 , Instrument Vo. 76420-Z . 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this trans- action. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens , discharge of judgments , or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. COMMISSIONS DISTRICT shall not have any obligation to pay any real estate agent ' s commission or other related costs or fees in connectign with this transaction. 6. ACCEPTANCE AND TERMS OF ESCROW DISTRICT shall have thirty (30) days , following the date of execution by the last individual SELLER hereunder, to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the aforesaid real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As consideration for the tender of this offer, DISTRICT has paid and SELLER acknowledges receipt of the sun of Ten and No/100 Dollars ($10. 00) . On condition that this Agreement is accepted and executed by DISTRICT, as above provided, this transaction shall close through an escrow to be conducted by Title Insurance and Trust Company, 333 Marshall St reet, Redwood dwood City, California 94063 (Escrow No. 467328-RWC) , or other such escrow holder as may be designated by DISTRICT. Time being of the essence this escrow shall close on or before December 31 , 1983, or later upon written agreement of the parties hereto. 7. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs , devisees, assigns or successors in interest of the parties hereto. i .,. rr, G(.��� Chesebrough Agreement Page Four MIDPENINSULA REGIONAL OPEN SPACE SELLER: DISTRICT: APPROVED AS TO FORM: Paul M. Chesebrough Stanley Norton, District Counsel Nessie Chesebrough ACCEPTED FOR RECOMMENDATION: Date: L. Craig Britton, SR WTk Land Acquisition Manager Elaine Chesebrough APPROVED AND ACCEPTED: Date: President, Board of Directors Meryl Chesebrough Date: ATTEST: District Clerk Date: ��f.t.,�,.�4A 1 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE REGIONAL OPEN SPACE MTDPENILiSULA REGI DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE--LANDS OF CHESEBROUGH-- SANTA CRUZ COUNTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Paul M. Chesebrough et ux. , and the Midpeninsula Regional Open Space District, dated November 14, 1983, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a certificate of acceptance to any deed (s) granting title to said property. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all crow necessary or appropriate to the closing of documents in es e other o yg the transaction. Section Four. The General Manager of the District is authorized to expend up to $5 ,000 to cover the cost of title insur- ance, escrow fees, and other miscellaneous costs related to this transaction. I� Section Five. The sum of $430,000. 00 is hereby ordered to be withdrawn from the Midpeninsula Regional Open Space District 1982 Negotiable Promissory Notes Acquisition Fund for this purchase. PURCHASE AGREEMENT THIS AGREEMENT is rude and entered into by and between the undersigned individuals, hereinafter called "SELLER" and the Midpeninsula Regional Open Space District, hereinafter called "DISTRICT. " 1. PURCHASED PROPERTY SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase from SELLER, SELLER'S real property located within an unincorporated area of the County of Santa Cruz, State of California, consisting of 182 acres, more or less, and commonly referred to as Santa Cruz County Assessor' s parcel number 88-021-07, being more particularly described as follows: All that portion of Lots 1, 2 , 3 and 4 and the South 1/2 of the Northeast 1/4, and the South 1/2 of the Northwest 1/4 of Section 1, Township 8 South, Range 3 West, Mount Diablo Base and Meridan lying Southerly and Westerly of the Southerly and Westerly line of State Highway 55-A, known as Skyline Boulevard. Excepting therefrom the lands conveyed by Paul M. Chesebrough, et ux, to Marcella Jane Tucker by Deed recorded December 31, 1964 in Book 1667, Page 69, official records of Santa Cruz County. TOGE`.:HER. with any easements, rights of way, or rights of use which may be appurtenant or attributable to the afore- said lands , and any and all improvements and/or fixtures attached or affixed thereto. 2. PURCHASE PRICE AND KANTNEI? OF PAY_4&\-T The total purchase price shall be Four Hundred Thirty Thousand and No/100 Dollars ($430,000. 00) payable in the following manner: a) District shall pay the sum of One Hundred Seven Thousand rive Hundred and No/100 Dollars ($107,500. 00) in cash (upon close of escrow as hereinafter provided) to be disbursed as follows : ,Jll� V"I Chesebrough Agreement Page Two i) To Paul M. and Nessie Chesebrough: Eight Thousand Six Hundred Seventy and No/106 Dollars ($8,670.00) . ii) To Elaine Chesebrough: Forty-Nine Thousand Four Hundred Fifteen and No/100 Dollars ($49,415.00) . iii) To Meryl Chesebrough: Forty-Nine Thousand Four Hundred Fifteen and No/100 Dollars ($49,415.00) . b) , The balance of said total purchase price of Three Hundred Twenty-Two Thousand Five Hundred and No/100 Dollars ($322,500.00) shall be in the form of unsecured notes as follows: i) Twenty-Six Thousand Eight and No/100 Dollars ($26 ,008.00) shall be evidenced by a promissory note payable to Paul 14. and Nessie Chesebrough, as community property, which shall be paid in five annual principal installments of Five Thou- sand Two Hundred One and 60/100 Dollars ($5 ,201.60) , or more, together with accrued, tax-free interest, at the rate of seven percent (7%) per annum on the unpaid balance, and con- tinuing, until said principal and accrued interest are paid in full. ii) one Hundred Forty-Eight Thousand Two Hundred Forty- Six and No/100 Dollars ($148,246. 00) shall be evidenced by a promissory note payable to Elaine Chesebrough, as separate property, which shall be paid in five annual principal installments of Twenty-Nine Thousand Six Hundred Forty-Nine and 20/100 Dollars ($29,649.20) , or more, together with accrued, tax-free interest, at the rate of seven percent (7%) per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full. iii) One Hundred Forty-Eight Thousand Two Hundred Forty- Six and No/100 Dollars ($148,246.00) shall be evidenced by a promissory note payable to Meryl Chesebrough, as separate property, which shall be paid in five annual principal installments of Twenty-Nine Thousand Six Hundred Forty-Nine and 20/100 Dollars ($29,649.20) , or more, together with accrued, tax-free interest, at the rate of seven percent (7%) per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full. �' I --_ Chesebrough Property Page Three 3. TITLE AND POSSESSION Title and possession of the subject property shall be con- veyed to DISTRICT at the close of escrow by Grant Deed, free and clear of all liens, encumbrances, judgments,ents ease- ments, taxes, assessments, covenants, restrictions, rights and conditions of record except: Taxes for the fiscal year in which this escrow closes shall be cleared and paid for in the manner required by Section 4986 of the Revenue and Taxation Code. 4. COSTS DISTRICT shall pay all escrow, recording, and customary title insurance charges and fees incurred in this trans- action. SELLER shall be responsible for, and pay all costs of any reconveyance of Deed of Trust, full release of mortgage, payment of liens, discharge of judgments, or any other charges, costs, or fees incurred in order to deliver marketable title to DISTRICT. 5. COMMISSIONS DISTRICT shall not have any obligation to pay any real estate agent's commission or other related costs or fees in connection with this transaction. 6 . ACCEPTANCE AND TERMS OF ESCROW DISTRICT shall have thirty. (30) days, following the date of execution by the last individual SELLER hereunder, to accent and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by SELLER to sell and convey the aforesaid real property to DISTRICT for the consideration and under the terms and conditions herein set forth. As consideration for the tender of this offer, DISTRICT has paid and SELLER acknowledges receipt of the su-m of Ten and No/100 Dollars ($10. 00) . On condition that this Agreement is accepted and executed by DISTRICT, as above provided, this transaction shall close through an escrow to be conducted b Redding Title g Y g Company, 223 River Street, Suite E, Santa Cruz, California 95060 (Escrow No. 400741-TPK) , or other such escrow holder m• as may be designated by DISTRICT. Time being of the or before essence this escrow shall close on e December 31 1983, or later upon written agreement of the parties hereto. 7. ACCRUAL The provisions hereof shall accrue to the benefit of and bind the respective heirs , devisees, assigns or successors in interest of the parties hereto. Chesebrough Agreement Page Four MIDPENINSULA REGIONAL OPEN SPACE SELLER: DISTRICT: APPROVED AS TO FORM: Paul M. Chesebrough Stanley Norton, District Counsel Nessie Chesebrough ACCEPTED FOR RECOMMENDATION: Date: L. Craig Britton, SR IVIA Land Acquisition Manager Elaine Chesebrough APPROVED AND ACCEPTED: Date: President, Board of Directors Meryl Chesebroug Date: ATTEST: District Clerk Date: __ _ _ � � �I I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AN AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE GRANT DEED FOR INTEREST IN PROPERTY BEING RELEASED, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF CONSERVATION EASEMENT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPRO- PRIATE TO CLOSING THE TRANSACTIO14 (LONG RIDGE OPEN SPACE PRESERVE--SEMPERVIRENS FUND) r I The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in the attached Agreement for Purchase and Sale of Real Property between Sempervirens Fund and the Midpeninsula Regional Open Space r ' District, dated December 2 , 1983, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropri- ate officer is authorized to execute a certificate of acceptance of the Conservation Easement being acquired by District. Section Three. The President of the Board or other appro- priate officer is authorized to execute the Deed granting to Sempervirens Fund the property being conveyed by the District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance to Sempervirens Fund.. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Five. The General Manager of the District is authorized to expend up to $2 ,000 to cover the cost of title insurance, escrow fees , a e miscellaneous and other mis llaneous costs related to this transaction. _ F 'x h and o� Directors finds that fee title Section Si The Bo a. to this property has not been dedicated and the granting and releasing of this property is in accordance with the Basic Policy of the District and is not detrimental to the open space character of the Long Ridge Ooen Space Preserve. I AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT, made and entered into this day of 1983 , by and between the KIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district, hereinafter referred to as "DISTRICT" and SEMPERVIRENS FUND, a non-profit corporation, organized under the laws of the State of California, hereinafter referred to as "SEMPERVIRENS. " W I T N E S S E T H T•:�?EREAS, SEMPERVIRENS was organized as a non-profit, public benefit corporation to solicit, receive and hold gifts, legacies , ?Avises and conveyances of real and personal property, and raise funds for the purchase of real and personal property for public nark, recreation, conservation and open space purposes, primarily within the counties of San Mateo and Santa Cruz , and i.'HEREAS, the property, assets , profits and net income of SaMPER.VIRENS are irrevocably dedicated to said purposes and no mart of the profits or net income of SEMPERVIRENS shall ever inure to the benefit of any director, officer, or member thereof or to the bene- fit of any individual, and Irk _ r WHEREAS, DISTRICT was organized as a public agency under the Public Resources Code of the State of California, to wit: Article 3, Division 5 , Chapter 3 , Section 5500 et seq. "Regional Park, Park and Open Space and Open Space Districts" to acquire and manage public open space and recreation lands primarily within portions of the counties of San Mateo and Santa Clara, and WHEREAS, DISTRICT is entering into an agreement to purchase certain real property (hereinafter "Subject Property" or "Property") in an unincorporated area of Santa Cruz County owned by Paul M. Chesebrouah et ux. thereinafter "Seller") , a copy of which Purchase Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference, and WHEREAS, the purchase of said Property is of mutual benefit to the parties hereto and to the public in that said acquisition as implemented by this Agreement has natural beauty and scenic, open space and recreational value which will be protected in per- petuity, and Aareement for Purchase and Sale of Real Property Page Two I-MEREAS, the purpose of this Aareement is to provide for funding to purchase said Property for open space and recreation purposes , to establish the initial and final vesting of the Sub- ject Property and designate the responsibility for the management, patrol and maintenance of said Property. NCW THEREFORE, subject to DISTRICT'S prior acquisition of the Subject Property, it is mutually agreed -as follows: 1. PROPERTY DISTRICT agrees to sell to SEMPERVIREINOS, and SEMPERVIRENS agrees to purchase from DISTRICT that certain 182 acre parcel of land located in an unincorporated area of the County of Santa Cruz, State of California, commonly known as Santa Cruz County Assessor's Parcel Number 088-021-07 as more particularly described in the Purchase Agreement attached hereto as said Exhibit "A. " 2. PURCHASE PRICE AND TERMS The total purchase price for the Subject Property shall be the amount of One Hundred Twenty-Three Thousand and No/100 Dollars ($123 ,000 . 00) , payable to DISTRICT in the following manner: a) Thirty Thousand Seven Hundred Fifty and No/100 Dollars ($30 ,750. 00) shall be paid to DISTRICT in cash at the close of escrow; b) The balance of Ninety-Two Thousand Two Hundred Fifty and No/100 Dollars ($92 ,250.00) shall be in the form of an unsecured note payable to DISTRICT in five annual installments of Eighteen Thousand Four Hundred Fifty and No/100 Dollars ($18,450. 00) , or more, together with accrued interest at the rate of seven percent (7%) per annum on the unpaid balance, and continuing until said principal and accrued interest are paid in full. 3. CLOSE OF ESCROW AND COSTS It is agreed by the parties hereto that escrow shall close concurrently and in accordance with Paragraph 3 of said Purchase Agreement through an account with Redding Title Company, 223 River Street, Suite E, Santa Cruz , California 94060 , Escrow Number 400741-TPK, or other such escrow holder as may be designated by the parties hereto. Said escrow to close on or before December 31, 1983. Agreement for Purchase and Sale of Real Property Page Three It is further agreed that all normal escrow fees and title insurance costs , if required as a part of this transaction, shall be paid and satisfied by DISTRICT. 4. TITLE DISTRICT s sh all ac uire fee title to the Subject a S ect Property 7 Pe in accordance with said Purchase Agreement, and concur- rently DISTRICT shall convey fee title to the Subject Property to SEMPERVIRENS, subject to existing easements , encumbrances and other clouds on the title as accept- able to the parties hereto. DISTRICT, in conveying fee title to SEMPERVIRENS, shall retain a Conservation and Open Space Easement (hereinafter "Easement") upon, over and across the Subject Property. Said Easement as re- tained by DISTRICT shall be in the form labeled Exhibit "B" as attached hereto and incorporated herein by this reference. DISTRICT shall have the option under this Agreement to repurchase the Property for the sum of Five Thousand and No/100 Dollars ($5 ,000.00) plus an amount equal to all reasonable and necessary expenses incurred by SEMPERVIRENS by reason of ownership. (All such expenses must be submitted to DISTRICT for approval in advance of payment by SEMPERVIRENS, which approval shall not be unreasonably withheld by DISTRICT. In the event DISTRICT shall deny the approval of any such expenses , SEMPERVIRL-IS, may at its option, demand that DISTRICT accelerate its option to repurchase the Subject Property and thereafter DISTRICT shall have the entire responsibility for said Property in accordance with this Agreement. ) In the event DISTRICT exercises the option to repurchase, 5EMPERVIRENS shall retain a public trail easement across said Property in a general east-west direction intended to serve eventually as a portion of a connection between the Skyline to the Sea Trail through Big Basin and Portola State Parks and Sanborn County Park (Santa Clara County) . This option may be exercised only by DISTRICT during the period from January 1, 1989 through December 31 , 1993 and shall lapse thereafter. The exercise of this option by DISTRICT and the conveyance by SEMPERVIRENS shall not extinguish SEMPERVIRENS remaining obligation, if any, with respect to the promissory note executed pursuant to Paragraph 1 of this Agreement. At the time of conveyance of fee title to DISTRICT as provided herein, DISTRICT shall dedicate the fee title interest in and to said Subject Property in the manner provided in Paragraph 5 hereinbelow and this Agreement shall ter- minate and be of no further force and effect. Agreement for Purchase and Sale of Real Property Page Four 5. DEDICATION Upon acquisition of the Property by the parties hereto, the DISTRICT shall officially dedicate its interests or rights in and to said Property pursuant to Sec. 5540 of the Public Resources Code of the State of California. 6. HOLD HARMLESS It is agreed that DISTRICT shall defend, hold harmless and indemnify SEMPERVIRENS, its officers , agents and/or employees from any and all claims for injuries to per- sons or damage to Property which arise out of the pro- visions of this Agreement and which result from negli- gent acts and/or omissions of DISTRICT and its officers , agents and/or employees. It is further agreed that SEMPERVIRENS shall defend, hold harmless and indemnify DISTRICT, its officers, agents, and/or employees from any and all claims for injuries to persons or damage to Property which arise out of the provisions of this Agreement and which result from negligent acts and/or omissions of SEMPERVIRENS and its officers, agents and/or employees. In the event of the concurrent negligence of DISTRICT, its officers, agents and/or employees and of SEMPERVIRENS, its officers , agents , and/or employees then the liability for any and all claims for injuries or damage shall be apportioned according to the "California Theory of Com- parative Negligence" as presently in effect or as may hereafter be modified. 7 . MANAGEMENT Subject to review by SEVIPERVIRENS , DISTRICT shall be responsible for all management, operation, patrol, maintenance and site protection (including fencing, gates, signing and road maintenance) of the Subject Property as long as said Property is used and devel- oped in accordance with the Conservation and Open Space Easement as described in said Exhibit "B," pro- vided, however, that in the event fee title to said Property is transferred to DISTRICT in accordance with Paragraph 4 herein, DISTRICT shall be responsible for all management, operation, patrol and maintenace with- out regard to use and development. Agreement for Purchase and Sale of Real Property Page Five 8. ORDINANCES As long as said Property is developed and used in accordance with Exhibit "B" and this Agreement is in full force and effect in accordance with Paragraph 4 herein, DISTRICT ordinances shall apply and be enforced by DISTRICT. 9. PUBLICITY SEMPERVIRENS and DISTRICT shall share equal recognition on all open space, nark or public facility signs, bro- chures and all other public information about the site so long as this Agreement for Purchase and Sale of Real Property is in full force and effect in accordance with Paragraph 4 herein. 10. AMENDMENTS This Agreement for Purchase and Sale of Real Property may be a.-nended in writing at any time by mutual consent of the parties hereto. 11. SURVIVAL OF COVENANTS All covenants of DISTRICT or SEMPERVIRENS which are expressly intended hereunder to be performed in whole or in part after the close of escrow and recordation of the Grant Deed, and all representations and war- ranties by either party to the other, shall survive the close of escrow and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs , successors and permitted assigns. 12. BINDING ON SUCCESSORS The provisions hereof shall inure to the benefit of and bind the successors and assigns of the parties hereto. SEMPERVIRENS FUND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BY: BY: Press ent, Board of Directors President, Board of Directors DATE: DATE: By: ATTEST: Vice President, District Clerk Board of Directors DATE: CONSERVATION AND OPEN SPACE EASEMENT Recitals ;-Z-H EREAS, 1. The undersigned, SEMPERVIRENS FUND, a California non-- profit corporation, hereinafter called "GRANTOR," is the owner of the fee simple estate in and to that certain real property hereinafter called the "Subject Property," situated in the County of Santa- Cruz, State of California, more particularly described in Schedule "A" attached hereto and incorporated herein by this reference. 2. I:: is the desire of GRANTOR to grant to MIDPENINSULA REGION.'ML OPEN SPACE DISTRICT, a public district, hereinafter came; "DISTRICT', " a conservation and open space easement on, Upon, over, across and under said Subject Property pursuant to Chapte, 6. 5 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the Government Code. 3. GRP?N^sOR and DISTRICT recognize the scenic, aesthetic and special character of the region in which their respective properties are located, and have the common purpose of con- serving the natural' values of their respective properties by the conveyances of an open space easement on, over, and across the Subject Property which shall conserve and protect the animal, fish, bird and plant population and prevent the use or develop- ment of that property for any purpose or in any manner which world conflict with the maintenance of the- Subject Property in its natural, scenic, open and wooded condition. 20.7 THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby grants to the DISTRICT an open space easement, urn, over and across the Subject Property in perpetuity on the following terms and conditions: 1 . RESERVATION OF USE BY GRANTOR GRANTOR R reserves the right to use the Subject Property in . q any manner consistent with the stated purposes , terms , conditions , restrictions and covenants of this easement and with existing zoning and other laws , rules and regulations of the State of California and the County of Santa Cruz , or the agency having Jurisdiction, as such laws , rules and regulations may hereafter from time to time be amended . "+ r ..... ...... Conservation and .,pen Space Easement Page Two GRANTOR further specifically reserves the right to do the following, such right in no way to be considered as a limitation of the general reservation of right described in the preceding parac-raph: (a) Build fences and gates of a rustic nature and erect signs as necessary to maintain security of the property; (b) Construct and maintain trails for hieing and riding within the easement area, including both internal trails and connecting trails with adjacent DISTRICT land, such latter trails to be planned under mutual agreement with DISTRICT regarding location; (c) Remove diseased and/or dead plants and trees and remove such timber as may be required for fire prevention, or public health and.. safety (including a program of controlled burning) ; (d) Plant native species of plants; (e) Use motorized equipment for building the above referenced fences, gates and trails and to maintain and service the property; (f) Engage in scientific research and/or gathering of specimens of nature in such a way as to not jeopardize the natural and scenic character of the property; and (g) Engage in compatible agricultural uses including cattle grazing, as determined by DISTRICT. 2 . LIMITATIONS ON USE BY GRANTOR G?.A\TOR covenants and agrees for itself and its successors an assigns, except where contrary to the above described rights spec =ically retained, GRANTOR shall not do any o the fo?lowing: (a) Erect , construct, place or maintain or authorize the erection, construction, placement or main- tenance of any improvement, building or struc- ture or any other thing whatsoever on the Subject Property other than such improvements, buildings, structures, or other things existing on said property at the time of the granting of this easement unless approval is first obtained from the DISTRICT for erection of such improvement, building, or structure. EX H1131T Page A af� Conservation and Open Space Easement Page Three (b) Use or authorize the use of the Subject Property for any purpose except as open space and for the continued current use of the property for educa- tion and recreation, including but not limited to hiking, riding, picnicking, and other related activities. (c) Use or authorize others to use the Subject Property or any portion thereof as a parking lot, de storage area or dumpsite or otherwise deposit � or authorize to be deposited on said Subject Property or any portion thereof temporarily or otherwise anything whatsoever which is not indigenous or natural to said Subject Property. (d) Cover or cause the Subject Property to be covered in whole or in part with any asphalt, stone, or concrete or other material which does not con- stitute natural cover for the land, and shall not otherwise disturb the natural cover for the land. (e) Fish, trap, hunt, capture, kill or destroy or authorize the fishing, trapping, hunting, capturing or destruction of fish or aquatic life of the Subject Property except in conjunction with scientific research and/or for health or safety purposes. (f) Hunt or trap or authorize the hunting or trapping of animal life on the Subject Property. Pursuant thereto, GRANTOR, its successors or assigns, shall not trap, kill, capture or destroy or authorize the trapping, killing, capturing or destruction of animal life on the Subject Property except under prior written permission of the County of Santa Cruz for health and safety purposes only. (q) Divide or subdivide the Subject Property or otherwise convey (other than under threat of condemnation) a portion of such property less than the whole to one or more parties or convey said Subject Property to two or more parties each of whom acquire title to less than the whole of the Subject Property. As used herein "party" means and includes the person, corpora- tion, partnership, or other legal entity capable of holding title to real property. (h) Cut, uproot or remove or authorize the cutting, uprooting or removal of timber or trees or other natural growth found or located on said Subject Property except as may be required for fire prevention, elimination of diseased growth, or construction and maintenance of foot trails. EXHILAi Page__` __ off_ Conservation and Open Space Easement Page Four (i) Excavate or grade or authorize any excavation or grading to be done or place or authorize to be placed any sand, soil, rock, gravel or material whatsoever on Subject Property except for con- struction and maintenance of trails. (j) Operate or authorize the operation on the Subject Property of any motor bike, trail bike, ,- o cart or oche_ rotor driven or rotor powered g vehicles except those motor vehicles reasonably necessary for the use of GRAAYTO:? for the accomplishment of the purposes for which the Subject Property is used pursuant to the terms and conditions, restrictions and covenants set forth herein for the Subject Property. (k) Place any advertising signs of any 'Sind or nature on the Subject Property except for identification and directional purposes con- sistent with the use of the Subject Property as further provided herein. (1) Plant vegetation on the Subject Property except for approved soil management, erosion control, reforestation and landscape screening; all vegetation so planted shall be native California vegetation indigenous to the area. (m) Excavate or change the topography of the Subject Property except as allowed and approved in accordance with the terms and conditions hereof. (n) Allow the use of firearms or dangerous weapons on the Subject Property by the public. (o) Authorize the use of fireworks or _pyrotechnics on the subject property. (p) Play or perform or allow the playing, or per- formance of loud and disturbing a-molified music. (q) Build, light or maintain, or authorize others to build, light or maintain any open_ or outdoor fire. (r) Mine, extract, sever or remove, or permit or . cause to be mined, extracted, severed or removed any natural resource found or located on, above, or under the Subject Property in a manner that would jeopardize or alter the natural scenic character of the property, or to otherwise engage in any activity on the Subject Property which will or may destroy the n a'_u=al and scenic characteristics of the Subject Property. EXHiBi' ' j& Page of Conservation and open Space Easement Page Five 3. LIMITATIONS ON USE BY DISTRICT The DISTRICT shall have the right to enter upon the Property at anytime to perform those tasks reasonably necessary for neriodic inspection of the Property and to carry out DISTRICT'S ma.-agement, operation, patrol, maintenance and site protection (including fencing, gating, signing and road maintenance) , and enforcement of DISTRICT ordinances in accordance with the provisions of that certain Agreement for Purchase and Sale of Real Property between the parties hereto, dated December 7 , 1983. 4. PUBLIC TRAIL GRA�=R hereby conveys to DISTRICT a nonexclusive easement for public pedestrian and equestrian access, where necessary (as such access may be determined by DISTRICT from time to time) , and for vehicular access solely for DISTRICT by its officers, agents, and e=---;Ioyees and invitees for patrol and maintenance and agricul tural our-poses (it being understood that DISTRICT shall have no right to restrict GRANTOR'S own use of said easement for pedes- trian a--d equestrian access or for vehicular access by GRANTOR for patrol and program related purposes),. 5. _=NFOP_,CE_XENT GR-A-NT-OR grants to DISTRICT, the right, but not the obligation, to enter upon the Subject Property for the purpose of removing any building, structure, improvement or other thing whatsoever con- structed, erected, placed,. stored, deposited or maintained on the Subject Property .contrary to the stated purposes of this easement or to any term, condition, restriction or covenant of this easement or to prevent or prohibit any activity which is contrary to the stated purposes, terms , conditions, restrictions or covenants of this easement which will or may destroy the natural and scenic characteristics of the Subject Property, subject however to thirty (30) days written notice to GRANTOR by DISTRICT before commencement of anv action on the part of DISTRICT under this paragraph. The stated purposes, terms , conditions , restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 6 . MUTUAL INDEMNITY Each party shall indemnify and hold harmless the other from an-i and all claims arising out of activities conducted by or under auspices of the indemnifying party. 7 . CONDEMNATION In the event that any portion of the Subject Property is sought to be condemned for public use, this easement and each and e%,er%, term, condition, restriction and covenant contained herein S*- =11 terminate as of the time of the filing of the complaint in cz)—d--7-nation. The GRANTOR shall be entitled to such compensation EXHIBIT Page S- of Conservation and Open Space Easement Page Six for the taking as it would have been entitled to, had the Subject Property not been burdened by this easement; provided, however, 4- each and every stated term, condition, restriction and covenant of this easement shall be observed by GRANTOR, ,its successors or assicros, during the pendency of such action and provided further twat in the event such action is abandoned prior to the recordation of a Final Judgement in Condemnation relative to any such property or portion thereof and not actually acquired for a public use, the Subject Property shall, at the time of such abandonment, or at the t i_e it is determined that such property shall not be taken for ;:' lic :_e, once again be subject to this easement and to each and e er-. stated purpose, term, condition, restriction and covenant of this ease ent; provided, however, that if the Subject Property is soPh� to be acquired, appropriated, or condemned for a use incom- patible :pith this open space easement as defined herein, by any ot=v.r public or quasi-public entity, the presumptions contained in v­�tion 121-0.680 of the Code of Civil Procedure and Section 5542. 5 of the Public Resources Code may be asserted by DISTRICT to protect its i^terest in the Subject Property, and preserve the open space character thereof.. 3 . ENFORCEABLE RESTRICTION easement and each and every term, condition, restriction anf co7enant contained herein constitutes an enforceable restriction r avant.. to the provisions of Section 8 of Article XIII of the California Constitution and Chapter 6.6 (commencing with Section 51070) of Part 1 Division 1, Title 5 of the Government Code and shall bind GRANTOR and its successors and assigns and each and all of them and is intended to run with the land. :INSULA REGIONAL OPEN SEMPERVIRENS FUND, a SPACE DISTRICT, a public California non-profit District: Corporation: B_ By President , Board of Directors President, Board of Directors Date Date By Vice President, Board of Directors Date _c,t Clerk SCHEDULE A CONSERVATION AND OPEN SPACE EASEMENT s Situate in the County of Santa Cruz , State of California and Described as Follows : All that portion of Lots 1, 2 , 3 and 4 and the South 1/2 of the I'iortheast 1/4 , and the South 1/2 of the Northwest 1/4 of Section 1, Township 8 South, Range 3 West, lit. Diablo Base and Mleridan wing Southerly and Westerly of the Southerly and Westerly line of State Highway 55-A, known as Skyline Boulevard. Excepting therefrom the lands conveyed by Paul M. Chesebrough et ux, to Marcella Jane Tucker by Deed recorded December 31, 1964 in Book 1667, Page 69, Official Records of Santa Cruz County. APN 88-021-07 EXHIBIT Ad- Page --L of N oe"... : 8 ; MIDPENI:NSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton Assistant General Manager SUBJECT: F.Y. I. DATED: 12/2/83 M-83-137 V (Meeting 83-29 Dec. 7, 1983) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM December 7, 1983 TO: Board of Directors FROM: L. Craig Britton, Assistant General Manager SUBJECT: Dedication and Naming of Easements Acquired From The Trust for Hidden Villa Discussion: At your November 22 Special Meeting, you adopted Resolution 83-49, authorizing the purchase of open space easements for the/50 acre Ranch Area and an additional 348 acre Wilderness Area from The Trust for Hidden Villa (see report R-83-46 of November 17, 1983). Th�' second part of the recommendation in that staff report requested you dddicate and name these easements, but inadvertently this action was not ta, en at your November 22 meeting. Recommendation: I recommend you dedicate the Ranch Arep and Wilderness Area easements as public open space and name them as a addition to the Rancho San Antonio Open Space Preserve--Duveneck Windm ll Pasture Area. t n '"".' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 OISTEL CIRCLE,SUITE 0-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 November 29, 1983 Mr, Arlen Sreyorio, Chairperson Board of Sucervisors County of Can Mateo 590 ::a.,;i l tan Redwood City, CA 94063 Dear Arlen: Following our Board meeting of Tuesday, November 22, I have continued working with our Co=ittee to try to explain what we mean by having San Mateo County responsible for the entire Arts Council project. It is not possible to give you a single answer. Instead, it depends on one's perspective of the role, if any, that '4idpeninsula Regional Open Space District should play in such a project. The proposed project is clearly outside the normal scope of our activities and benefits the entire County, not just the portion within the District. While there is probably more than one way to approach this, and ideally the County would reimburse all of our costs to date, I think that the following will generally cover the range of our thinking. r At a -inimum, the MROSD and the County would split the cast of acquisition (detailed on Attachment A) after applying the grant and assessment district Y r-� would be sole] responsible for dealing d thereafter r h Count wou p. o�_e s, but the ea to the y Y g G a effective December 6 1.,$3 risks, a ective and r s ,with .h� Arts Council and for all costs , (such as the grant and refunding the assessment district contribution). The ind=-r,ities we would require are summarized in Attachment B, including the way we would propose handling of the assessment district refunds. The `' 10SO would transfer the entire property to the County in fee subject to the ease:-ents outlined in Attachment C. The District would accept the property buoy ,J4-h the buildings removed and the site restored at any time within five dears , with the District contributing $236,000 towards the demolition and res tn-r$-ion. rrl _r, I have tried to take a reading of how our various Board members feel abc. _ this subject but I think that I can only be sure of majority support for =ne =_Dcroach outlined, because it, like the Edgewood project, is something we woult gave done from the beginning. �__ - = >e _ :+a-a. r g_y � ':•s.ors Katner;ne D MY.Barbara Green,Nonette G Hanko.Richard S B,snoo.E04v1,G Shetlay,HarryA Tu-er.aan.e1 G r � Mr. Arlen Gregorio November 29, 1983 Page Two It is clear to me that the majority of our Board wants to decide this issue once and for all at our meeting on December 7. There is little support for further delay. We ask that the County make the best possible proposal prior to our meting, and then, as we have all been saying, it is up to us to decide. Sincerely, Daniel G. Wendin, President Board of Directors cc: MROSD Board of Directors ., H A S S L E R i Attachment A FINANCIAL CONSIDERATIONS Expenses (excluding staff time): Cost of property $3,528,767 Out-of-pocket acquisition costs (appraisals, engineering, legal escrow services, etc. ) 128,243 Total acquisition costs $3,657,010 Site protection contractual services through 11/83 42,129 Site restoration engineering, asbestos & PCB removal, etc. 65,823 Total holding costs through 11/83 $ 107,952 GRAND TOTAL COSTS THROUGH 11/83 $3,76�4,962 Reimbursements Land and Suter Conservation Fund Grant** $1 ,100,000 Hassler Benefit Assessment District 300,000 County contribution 100,000 Total Reimbursements $1 ,500,000 Net Total Costs through 11/83 $2,264,962 COSTS OF COUNTY PARTICIPATION A. Whole project becomes a County project from the beginning: County's initial cost*: $3,764,962 County receives income from federal grant and Assessment Dist. 1 ,500,000 County's Net Cost $2,264,962 B. Project becomes a joint project from the beginning--modeled after Edgewood: Total acquisition costs $3,657,010 Less grants & Assessment District 1 ,500,000 Net Acquisition Cost $2,264,962 District contribution (50%) 1,132,481 Net County acquisition cost* $1 ,132,481 Plus holding costs 107,952 Total County Net Costs $1 ,240,433_ *Includes $100,000 refund from MROSD **Does not include $9000 loss of interest due to delay in receiving grant. HASSLER Attachment B CONDITIONS OF TRANSFER County of San Mateo will indemnify and protect Midpeninsula Regional Open Space District ("District") against the following risks: 1) Loss of some or all of Federal and/or State grant funds. 2) Reimbursement to District of all costs associated with necessary or appropriate refunds to members of Hassler assessment district (City of San Carlos) and any other costs incurred by District arising out of the assessment district, including legal fees. 3) Reimbursement of all costs and loss arising out of legal action or threat thereof by Sorgdrager (District's low-bid demolition contractor) , including legal fees. 4) Reimbursement of costs incurred by District as a result of District's inability to adhere to its time schedule and other provisions of District's agreements with City and County of San Francisco. 5) Reimbursement of site safekeeping costs and increased demolition costs incurred after December 5, 1983 in event agreement with County is not reached. HASSLER Attachment C Midpeninsula Regional Open Space District Easement Restrictions and Covenants 1 . Typical conservation/open space easement in favor of Midpeninsula Regional Open Space District over the 273 acres surrounding the building area, allowing only low-intensity public recreational use and development. 2. Midpeninsula Regional Open Space District to have site, design, development and use and management review and approval over all low-intensity public recreational facilities proposed by County and within the 273 acre area. (County to develop area for low-intensity public recreational use within five years of transfer. 3. Uses on 20 acre building area limited to public park, recreation, open space, cultural and historical restoration purposes unless other uses expressly approved by Midpeninsula Regional Open Space District in writing. 4. Midpeninsula Regional Open Space District to have reversionary right in the event Arts Council proposal fails for any reason. In the event of rever- sion, entire property to be returned to Midpeninsula Regional Open Space District with buildings removed and site restored to natural contours. MROSD to pay County $236,000 (current demo bid) if such an event occurs prior to the lapse of 5 years from the date of transfer. 5. Entire site to remain open for public use and enjoyment (except during time of restoration, when building area to be closed because of public health and safety concerns). 6. As a part of building restoration, road access to be improved and maintained, not only for cultural and historical restoration purposes, but also for public access and parking for all site users. 7. Midpeninsula Regional Open Space District to share equally in all publicity, signing and brochures for site use, facilities and development. SAN MATED COUNTY AQTeS ,COUNCIL AD HOC COMMITTEE FOR A CREATIVE CENTER FOR THE ARTS AND NATURE November 28,1983 TO: Board of Supervisors San Mateo County Directors, Midpeninsula Regional (sent individually to Open Space District home addresses) FROM: Barbara Wiesner Public Relations/Funding Enclosed are copies of letters of support for the pro- posed Creative Center on the Hassler Home property. Enc is: Twin Pines Park 1219 Balaton Avenue____ Belmont.�Califgrnia ��C"�'„ .l�� i FOOTHILL COLLEGE October 27 , 1983 San Mateo County Arts Council 1219 Ralston Avenue Belmont , CA 94002 Attention : Barbara Wiesner Dear Sirs : At the invitation of my colleaque , Mr. Karl Schmidt , I visited and toured the Hassler Homes ite recently . I was struck immedi - ately with the many possibilities and potential these buildings presented in ;Hite of their disrepair and vandaiization . I was reminded that the buildings dnLI the facilities would be and could be most adaptable to many fine arts activities and events . The many large rooms , plenty of natural light and window space , ample and convenient utilities , large open outdoor spaces pro- tected and surrounded by the main buildings , etc . are such that one could believe that the structure was originally intended for such art activities . The dormitory facilities and the small rooms ad open rooms lend themselves to the potential for a retreat-like ret to large , treat-like arts facility that would be most ideal and unique . There is room, in my estimation , to carry on several types of activities at one time . For instance , it could serve as a retreat center for large musical performance groups , both instrumental and vocal . It could house as well , drama and dance groups . Also there is plenty of space to provide overnight facilities for such organizations . At the same time , it could be a retreat center for individual artists of all kinds , ie • Paintersculpto composers , writers , poets , etc . who would be in residences to the Academy in Rome . Italy where the Prix de Rome recipients spend a year of concentrated work and study . All of this of course , does not take into account the ideal setting both in terms of it ' s availability to large metropolitan and cultural areas , and because of its natural serenity and beauty . I hope that the efforts of the Council and the many volunteers who have a vision for this facility will be able to who are responsible for the ultimate fate of these buildings thatE this could become a center for the arts that would be many of the famous international centers . the envy of � facilities would serve In addition , these the arts communities of the Bay Area and Northern California in a mLinner that is inconceivable and impossible at the present time . Sincer '1y Will ou Jb'hn Mortdrotha ' (I i v i c i n n .,F C: ... .. November 19, 1983 Barbara Wiesner Hassler Project c/o San Mateo County Arts Council 1219 Ralston Ave. Belmont. California 94002 Gentlemen3 r I wish to urge you to preserve rather than demolish the Hassler Home buildings for cul- tural use in such an increasingly rare en- vironment which inspires and nurtures creativity, which would make an invaluable contribution to this most exciting arm in which to live. Very sincerely yours, He Cassiman 924A Mountain View Ave. Mountain View, Calif. 94040 it fi t 7777 777 r ) 9 k williem k. )anningi-ivparintandant of ochoolt No er 22, 1983 Ms. Jackie Speier, Supervisor San Mateo County Board of Supervisors County Government Center Redwood City, CA 94063 Dear Jackie: Again--thank you for your support to our program of cleaning out hazardous chemicals from our schools. Again--thank you for the picture and your gracious words. What I'm writing about tonight is the Hassler property. I'm strongly in support of the Board's position that those magnificient--albeit decrepit-- buildings be restored and used by the people who have bought them--those of us who live within the Mid-Peninsula Open Space District. I made my feelings known to the MPOS District Board at their July meeting through a brief letter and my personal statement. The replacement costs of those buildings is immeasurable. Their ultimate use--unknown. We cannot let them be demolished. Unfortunately few residents have had the opportunity to walk through that property. Signs tell us not to trespass, so few of us have had the advantage of seeing firsthand what is at stake. It is sad to see the disrepair, the vandalism, the destruction that has occurred there. But close inspection reveals a sturdiness not to be found in modern structure. Those grounds abound with exotic plants--not so many that are native to the area. They require some care, and they should be cultivated because they contrast the native with the imported species. The horticultural treasures are important as are the architectural, a great place for junior garden enthusiasts. The animal enclosures, pens and buildings could provide youth with 4-H and other animal husbandry opportunities. I envision a time in the future when the citizens of the area will be very grateful to this Board for preserving this place as a center for learning, a center for culture, a center for the healthy development of our citizens of all ages. To tear it down and degtroy the potential there would be criminal. I have spent the day with a group of enthusiastic and involved teachers in an environmental education workshop at Coyote Point Museum. They were grateful for Coyote Point Museum and what that facility holds forth for all of us. The question arose "What will happen to the Hassler property?" Clearly, they wish it to be kept for future generations to use. What uses will be made of it? We cannot decide that at this time. I would 333 MAIn STREET-REDWOOD CITY,CA 94063•(413)363-5400 like our options kept open till we see what is needed, what is possible and what is affordable. Again, thank you for your concern over this matter. i Sincerely yours, Walter Smithey, Coordinator Math; Science and Environmental/ Energy Education WS/kw cc Ruth Waters F I ,_j0LI_ Canada Road, Woodside, CA 94062 (415) 364-8300 g OFFICERS 14 November 1983 A.CRAWFORD000LEY President WILLIAM W.CROWELL Vice President MRS.CHARLES B.KUHN Barbara Wiesner Vice President Twin Pines Park JACQUES M.LITTLEFIELD Secretary/Treasurer 1219 Ralston Avenue HADLEY OSBORN Belmont, CA 94002 Executive Director BOARD OF TRUSTEES Dear Barbara ADOLPHUS ANDREWS,JR. Regarding security at Filoli, while we have an MRSSTC.MAI ARBUCKLE, S . electronic system in the main house we ref ERNEST C.ARBUOKLE,SR. Y r Y MRS.WILLIAM W.BUDGE primarily upon resident staff. This 654 acre GEORGEA.DITZ,►R. estate has 21 structures and our perimeter fenc- MRS.MILO S.GATES EDWARD M.GRIFFITH ing is incomplete and inadequate. Thus before WILLIAM L.LOWE resident staff was in place there were repeated MRS. REN E V. MacBRIDE ETCALF instances of theft and vandalism. Even a firmly MRS.LAWRENCE V.METCALF MRS.W.BURLEIGH PATTEE affixed sun dial in the center of the gardens MRS.PHILIPM.RER7SON EDWIN A.SEIPP,JR• r was taken. However, now that several of us live MRS.CHARLES SPALDING on the property (myself, the Garden Superintendent, MRS.ROBERT J.STEWART the Maintenance Superintendent, both assistants MRS.E.E.TREFETHEN,JR. P REVETT B.WALLACE one senior gardener and one retired gardener) , we GORDON M.WESER have had no serious problems. Casual trespassing still occurs, but we are much more likely to notice NATIONAL ADVISORY BOARD them and have them leave the property. The crime DR.►.E.WALLACE STERLING prevention department of the San Mateo County Sheriff ' s Chairman office definitely agrees about the value of resident MRS.I.H.BARNES staff. MRS.PETER BING MRS.HENRY S.BOWLES MRS.DOUGLAS CARVER The value extends well beyond security, however. LLAHCH HICKERAIN Duringlast Sunday's unusually heavy downpour, I was ALLEN L.CHICKERING Y Y Y p MRS.ERASTUS CORNING 11 able to check out the house (two of the windows had MRS.ROBERTGREEN ).LOWELL GROVES PP P leaked and I mopped u � the water before damage was bf dOWELL i S.WELLINGTON S.HENDERSON done) , and 0 other reside nt staff) , cleaned culverts MRS.HENRY C.ISAACSON,SR. MRS.ELSAUPPMANKNOLL and a couple of blocked drains. Should a pipe break WARREN M.LEMMON or an electrical fire start, the presence and prompt GEOLDREDM LIVERMORE THIAS actions of responsible staff can prevent severe pro- DR.MILDRED MATHIAS da mage,ama a which is f o course why people Y r e en JOHN R.MAY P Y g y p p gage MRS.PETER McBEAN housesitters. MRS.W.W.MEIN,JR. STUARTG.MOLDAW Finally, residents are responsible for the routine upkeep MIL IA WREDESALKIND and sightliness of their living areas and in addition MRS.WILLIAM WREDEN g g JOHN YEON they accomplish a great deal of work on the property that otherwise would not get done. Should you have any property of the National Trust questions, please be in touch. for Historic Preservation administered by Filoli Center STerel r, Hadley Os bo n Executive D rector i t l0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 December 1 , 1983 Board of Supervisors County of San Mateo 590 Hamilton Redwood City, CA 94063 Dear Chairman Gregorio and Members Of the Board: Attached for your information are draft minutes from our Board's November 22 Public Hearing in San Carlos regarding the Hassler property. Sincerely yours, Herbert Grench " General Manager HG:ej Enc. cc: MROSD Board of Directors Herbert A Grench,General Manager Board of Directors.Katherine Duffy,Barbara Green.Nanette G Hanko.Richard S Bishop.Ecwarc G Shel'ay,Harry A.Turner.Daniel G Wendin » Novo Enterprises 160 Seale P. to Telephone " Incorporated Avenue Ca._ .4301 •(415)3327-302$ .v ti 20 July, 1983' . Nonette Hanko Midpeains0a Regional Open Space District _- -• 375 Distel Circle .! Los Altos, California 94022 'ti t �,• •- ; ��,, o ,• w a`, ". ,+'I ., .. +Y.i� .. - s •may ` �f• ', •.�_... 41 Dear.V4 s s Hanko ` ' • ' s� r:- I was —requested by Rrth Waters of the Twin Pines Art Center to look over _ the Haszt'ler propel and evaluate the feasibility of using it for artists studios and limited public use. I am a licensed general contractor with experience in rehab-1iitation and remodeling. of commercial,and residential structures. I toured the property with Ruth Waters and Barbara Weisner and, quickly noted several things: 1: The property is being vandalized, evidently on a continuing basis,. and much of the equipment and fixtures, especially electrical, are being destroyed or stolen. Although much of the equipment is old'it is adequate for the uses envisioned. However, the age of •„•iy T the equipment -means' that if it is damaged it will most likely have to be'replaced as parts are probably no longer available. . On the heavy electrical switcbghar and copper cable this will be : ,quite expensive. Z. If some of the buildings are to be demolished, this should be done only after the buildings that remain are renovated, as parts from the demolished buildings can be used to repair the. others. ` . 3.. The buildings themselves could be made useable for a fraction of their replacement cost. The structures are sound, the roofs, _ walls, foundations, and walks are all in quite good condition. non-}mass public use the buildings are more than up to code. In my personal •view as a general contractor .and also aecnber of the . I su Sierra. Club and the Wilderness Society pport the goals of the Open 1 Space District in helping to preserve land for recreation and environ- mental uses. In this vein I think that the Open Space District has a priceless asset in the Hassler buildings. I use the word "priceless" in almost its literal sense as given the state of the economy, both public and private, likely, to prevail for the foreseeable future, it will be Impossible to ever replace these buildings. Given the needs of an ex- panding population for varied forms of recreation and cultural activities, the Hassler'buildings represent an extremely cost effective means to meet those needs. The buildings themselves occupy a very small portion of the total property and should not pose any problem to, or be incom- patible with, the mandate of the Open Space District. Sincerely yours, go 000C . . - • . . Thomas W. Novotny . Vice President, Construction Division TWN:p?s cc: Ruth Waters - Barbara Weisner ti 2390 fit. Middlefield Rd #8 Mt. View, CA 94043 December 3, 1983 San Mateo County Arts Council 1219 Ralston Avenue Belmont, CA 94002 Attentions Barbara Wiesner Gentlemen: After seeing a number of slides of the beautiful complex of buildings of the Hassler property, set in the natural surroundings of the foothills, I thought what a splendid idea it would be to have available to art organizations in this area a unique facility such as this. The possibilities these buildings present is exciting to think about. Rehearsal space is greatly needed for visiting and local performing arts groups, as well as working studios for individual artists. Apparently there would be space here for seminars and workshops for both arts and nature groups. Also, I understand it has overnight facilities, and could easily be developed into a retreat center for writers, poets and artists of all kinds. The site and setting is unique and beautiful for a facility of this kind. I believe it would be a boon to all those working in the arts and the environment groups in our area if plans could be worked out for these existing buildings to become a great center for the arts. I believe it could pay for itself in the variety and scope of its uses as well as being a feather in our peninsula hat to have an art center of this caliber. Sincerely yours, (Mrs.) Robin Heckscher (Member of the arts) December 3, 1984 Mr. Herbert Grench Midpeninsula Regional Open Space District 373 Distel Circle Los Altos, California 94022 Dear Mr. Grench: We would like to again express our wishes that you keep Hassler as open space, without buildings. This was the understanding when we formed a Special Assessment District (for which we are now paying) and we expect the buildings to be demolished. As defined by Mr. Les McCargo (Department of Parks and Recreation, State of California) in his letter of 7/27/83 to you, open space is for "public outdoor recreation for the active participation of all". The Arts Council activities certainly do no fall in this category. Nearly everyone is aKK - work in another fie. pt, reason for taxpayers V. long-term funding to -4,4 dl& Nk I We urge MPROSD t( Imhof— on December 7. WF. Sincerely, VUDPENIINSULA REGIO[�AL OPEN SPACE DISTRICT TO: Board of Directors (Mr. and Mrs. R. Gra FROM: H. Grench, General Manager SUBJECT: F.Y.I . 3331 Britan Avenue i San Carlos, Californi DATED: 12/7/83 KELLER AND DASEKING, ARCHITECTS WALTER L. KELLER, A. I.A. WILLIAM H. DASEKING, A.I.A. File No. 8321 Document No. 00001063 December 2 , 1983 David Wm. Hansen, Land Manager MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 Distel Circle, Suite D-1 Los Altos , CA 94022 RE: SITE RESTORATION - FORMER HASSLER HEALTH HOME FACILITY Dear Dave, In accordance with your request, I have reviewed the Cost Plan for the construction work to establish a Creative Arts Center at the above project, prepared by Adamson Associates , dated November 18, 1983 , This is a preliminary cost estimate , as stated in Adamson' s letter , as a firm building program has not been established. Drawings and specifications have not been prepared and this makes it extremely difficult for anyone to prepare an accurate detailed cost estimate. The mechanical and electrical estimates were prepared by JXC Elec- tric. The estimates for the single family and the duplex residence were prepared by General Contractors and not Adamson Associates . Adamson Associates is a very knowledgeable and reputable con- struction cost planning firm. I recommend them highly. However , important items are excluded from the estimate which have to be considered in any rehabilitation/remodeling project. Thus , the total construction cost would be increased. If ownership is retained by Midpeninsula Regional Open Space Dis- trict or San Mateo County, these buildings are public structures . Therefore, they must meet all legal requirements relative to public bidding and construction. Adequate construction documents (drawings and specifications) must be prepared by a licensed architect and consulting engineers . These documents must be submitted for bidding to licensed General Contractors . Bonds must be obtained and a appro- piate legal agreement must be prepared and executed. The informal manner of construction proposed by the Arts Council representatives does not meet any of these requirements . FK11E [D] 825 OAK GROVE AVENUE - MENLO PARK, CALIFORNIA 94025 TELEPHONE (415) 322-5366 David Wm. Hansen -2- December 2 , 1983 In my opinion, the following items are necessary and must be taken under consideration: 1. Site Work : The underground utility piping (gas , water , sewer and heating) have been existance 45 years and will undoubtably present a number of problems . Our consulting engineer , in an educated guess, believes that a great number of the pipe will have to be replaced . The water pumps will have to be replaced . All water piping will have to be flushed out and pressure tested . 2 . Structural: There are many unknowns ; however , by the very nature of the buildings being long and narrow with few interior partitions and a great many windows , means there are structural inadequacies based on current code requirements . There is very little information as to the important details for construction; such as the type of sheathing or bow it was nailed . This is important to the seismic resistance of the structures . By observation, the amount of shear walls , if they can be classified as such , are inadequate . The roof and floor diaphrams are not likely to meet current structural requirements . 3 . Energy: Thermal insulation and double-glazing of the windows were not included in the estimate. The statement was made that "there are so many windows , thus it would be a waste of money to pump insulation into the walls" . This approach does not answer the problem, the State Building Code , Title 24 , requires certain energy conservation standards . The building envelope would have to be designed to meet the component packages for this Climate Zone. This means a certain amount of insulation must be installed in the ceilings and walls and that there is an allowable maximum glazing area; or , as an alternate, the building envelope must be so designed to be equalivalent to these standards . The Hassler Buildings have an excessive number of windows and no thermal insulation in the walls and ceiling. 4 . Fire Protection/Sprinkler System: A fire sprinkler system may be needed. This will depend somewhat on the interior designed proposed and the subdivision of the building. 5 . Handicapped Requirements : The Uniform Building Code and Title 24 State Building Code provide for certain minimum standards . In particular , at Hassler , the entrance ramps do not meet the code requirements . The maximum slope of a ramp permitted is 1 ft. rise of 12 ft. of horizontal run. Intermediate landings must be provided at intervals of 30 ft. of horizontal run. The toilet room layout and access to these facilities do not comply to the code. They would have to be remodeled accordingly. David Wm. Hansen -3- December. 2 , 1983 6 . Plumbing: It is very doubtful that plumbing fixtures and fit- tings would be usable. Undoubtably, new fixtures and fittings would be required and must of the piping would have to be replaced. 7 . Heating: The two boilers are of uncertain age , it now appears after a preliminary investigation that these boilers are not the original; thus it is difficult to guess their age . An educated guess would be that the original boilers were replaced after 25 years and these boilers are approximately 20 to 25 years old. Regardless , the boilers would have to have a hydrostatic test to determine water tightness . This still does not assure the boilers are usable. Only when they are fired up and put into services can it be determined if they will function without leaks in the system. All of the steam supply piping in the buildings , storage tanks and boilers must be insulated. The original insulation was asbestos material and has been removed. The boiler controls will have to be replaced as they do not meet current code and safety standards . The adequacy and safety of the boilers must be demonstrated to an insurance company that regularily issues boiler insurance. 8. Electrical : New transformers will be needed as the original contained PCB and have now been removed. All new lighting fixtures , switches and convenience outlets would have to be replaced. In summary, the Adamson Associates estimate, although very thorough in it' s limited scope and considering the amount of information to base the estimate on, is incomplete. A reasonable guess , would be that the estimate should be doubled. Thus Option A, instead of being $26 .00 per sq. ft. , should be at least $52 .00 per sq. ft. The 1.5 million total cost would increase to 3.0 million. The other Options would increase accordingly. Should you have any questions or coments , please call . Sincerely, WALTER L. KELLER, AIA WLK/smk 'Th e, dim SAN MATEO TIMES AND DAILY NEWS LEADER THE ADVANCE STAR J. HART CLINTON Edrtor aped I'mblierAer %'IrXJI R. WllRon John H. Russell Thomas A.Powell Bernard M. Hour .1luneyisy Eddor News E,'deeor Cer Edilor Y Editorial Editor em,t, ,h* A w, M,nt��nOfmn,rh,Tirrnu prtr14 the intoner l nnI xryi,q :rpr.i u,M�/opa.y MuJr..g�M�rnn„ih.Tl.�pr oy....n+...in not'W"Mme,Mew'.;l TAr drub,' C.Ir.-8nr M+Mao Friday,Dec.2, 1993 Convert Hassler buildingsto other , ,., use if possible, � When the Midpeninsula Regional Open Space District Purchased from the city and county of San Francisco the former ;Hassler Health Home complex for use as an Open Space a Pe Pa area.it 'Obtained more than a dozen buildings located on the 293 acres in the ,,bills off Highway 280 and Edgewood Road near San Carlos. Now the district board faces this question:What shall we do with rho buildings?Shall we call out the bulldozers and demolish the structures?Or should we cooperate with the San Mateo County Arts Council and possibly permit the council to convert some or all of the building;Wr use as an arts and nature center? We think that buildings capable of renovation and conversion to some constructive use should not be arbitrarily demolished--merely 10 ckar the land for open space. Ope4 space district General Manager Herbert Grench has raised a number of considerations,reported in The Times Nov.25,which he kels are persuasive reasons to demolish the buildingsa the site comppletely:He contends,for example,that th rea clear containing the buildings"is the very heart of the property and potentially the most important area for open space use." He also sees some potential incompatibility of"arts center uses with quiet open space uses of the site." Despite such objections,we think it would be a mistake for the district to rush into a decision for demolition of the old tuberculosis sanitarium structures. Nancy Jalonen,executive director of the Arts Council,is now canvassing community support for realizing the coutIO's long-standing goal of establishing an arts and nature center on the site. This requires time. Meanwhile,we h pe the district board will put the brakes on and reconsider its earlier tentative decision for demolition. After weighing all faciors involved in ultimate use of the .ire,we bQPe it will afrec to cooperate with the Arts Council. i� DRAFT AGENDA ITEMS Meeting Date: Dec. 14, 1983 //IIA FT r3 me on Lead Report Category = i Ti_*?e Tit a geida A�soo-risibility Status (min-) Final Ad tion Costanoan Way OBWAR � l lfl & E1 Se no 0 S P. U & M Plan David v d t 3 S Site phasis Dist David L S Skyl ne Ridge & M Plan David i 2nd eading ! 2 S Fi al Adoptio of Sierr Azul David Us & Managerr, nt Plan t 14B41AR C QA Guides in s ''� asolution Dav? . Addition to R ncho ! NBWAR SF' 20 Cr ig Cra g/David Resolution ; t f 3 i i 4 t ' { V .1s M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 Nove-Tber 30, 1983 Suzanne Brillhart Sandra Blackburn Debbie Powell 47599 Zunic Drive Fremont, CA 94035 Dear. 'its. Brillhart, Ms. Blackburn, and Ms. Powell: In behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I want to thank you for your letter of November 8 regarding becoming lost on Canyon Trail. The members of the Board received a copy of your letter and expressed their regret that your hike on Novem- ber 5 was anything less than pleasant. Once the weather permits, a new sign will be installed at the junction in the trail where you became lost. I under- stand that a member of our Ranger staff has already contacted you about the sign. Thank you again for taking the time to inform the Board about the problems you encountered on C nyon Trail. Sin rely, I f L. Craig Bri on Assi�'` ant General Manager LCB: ej cc: MROSD Board of Directors Herber[A Grencri Gene a,Manager Board of Directors:Katherine Duffy,Barbara Green.Nonefte G.Hanko,Richard S.Bishop.Edward G.Shelley,Harry A.Tumer.Dan,el G A*nd ^laims 83-23 eeting 83-29 December 7, 1983 l MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I C L A I M S # Amount Name Descrij2tion 5846 $ 500.00 Boone Cooke & Associates Water System Study-Rancho San Antonio Oven Space Preserve 5847 54.56 H.S. Crocker Co. , Inc. Office Supplies 5848 1,600.00 Deloitte Haskins and Sells Final Payment for 1982-83 Audit 5849 210.00 First American Title Guaranty C6-T tle Insurance Premium 5850 146. 75 Herbert Grench Meal Conference 5851 4,418. 70 Keogh, Marer and Flicker Legal Fees 5852 37.50 Peninsula Times Tribune Subscription 5853 55.00 Pat Starrett Private Vehicle Expense 5854 500.00 U.S. Postmaster Postage for Meter 5$55 49.52 Alice Watt Private Vehicle Expense 15856 28.50 David Topley First Aid Training 5C 29. 71,: David-:.Gamp Reimbursement for Shop Supplies 5858 20050.00 Portola Park Heights Property Road Repair Costs-Long Ridge Association Open Space Preserve 5859 76, 750.00 Redding Title Co. Purchase of Cheseb:�ough Property- Santa Cruz 5860 47,500.00 Ticor Title Insurance Purchase of Cheseb rough Property- San Mateo i