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HomeMy Public PortalAbout19850508 - Agendas Packet - Board of Directors (BOD) - 85-12 7 Meeting 8 5-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING Wednesday BOARD OF DIRECTORS 375 Distel Circle, D-1 May 8 , 1985 A G E N D A Los Altos, California (7 : 30) ROLL CALL APPROVAL OF MINUTES (April 17 , 1985) WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7: 45) 1 . Final Adoption of the Interim Use and Management Plan for the Nolte Addition to the Russian Ridge Open Space Preserve -- D. Hansen (7 : 50) 2. Request for Referral to Legislative Committee--Brown Act: Closed Session/Personnel Exception -- N. Hanko OLD BUSINESS WITH NO ACTION REQUESTED (7 : 55) 3 . Discussion of Various Operating Procedures -- H. Grench NEW BUSINESS WITH ACTION REQUESTED (8 : 25) 4 . Appointment of Peace officer -- D. Hansen (8 : 30) 5. Scheduling of May 21 Special Meeting -- H. Grench (8 : 35) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation & Litigation Matters) ADJOURNMENT TO ADDRESS THE BOARD: When an item you're concerned with appears on the agenda, please address the Board at that time. otherwise, you may address the Board under OraZ Communications. When recognized, please begin by stating your name and address. I Conciseness greciated We request thatun qomp4ete .the forms provided so that your name and"OAPPress can be accurate y incZ e in t e minutes. ANNOUNCEMENT OF FUTURE COMMITTEE MEETINGS--OPEN TO THE PUBLIC The Budget Committee Committee wiZZ meet at 4:30 P.M. at the District office on the foZZowing dates: May 7, May 14, May 21, and May 28. The purpose of the meetings is to discuss preparation of the budget for the 1985-1986 fiscaZ year. The meetings are subject to cancellation or rescheduling. Contact the District office to confirm date and time. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin 85-09 Ile MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 SPECIAL MEETING BOARD OF DIRECTORS April 17 , 1985 WORKSHOP MINUTES The following corrections were made to the Workshop Minutes of March 30 , 1985: Page 1: H. Turner - Said he was repelled by the coercive aspects of eminent domain and that alternate methods for land acquisition should be explored. Said that he would be willing to consider foreswearing use of eminent domain and that the District should not remove people from the land on which they are living. Page 2: Artemas Ginzton - Discussed her opposition to use of eminent domain. Said Stevens Creek connection involved willing owners who were willing to grant trail easements, not eminent domain. Page 2: William Obermayer - Said he didn't think there should be any condem- nation at all but if Board felt it was necessary to have specific piece of land there should be a unanimous vote of Board of Directors i and Board of Supervisors in area where property is located. Page 4: David Leeson - Discussed the value of a person' s property, noting value was not only measured in dollars. Said people in the Mt. Umunhum area were concerned about the District' s actions. Dis- cussed use and safety of District lands , said unsupervised use of lands is dangerous to neighbors because of issues such as fires. Said meetings were essential to building trust and that eminent domain should not be used. Policy Regarding Use of Power of Eminent Domain Bob Brown - Commended MROSD on its use of eminent domain in the past. Hopes that instead of saying "never" to use the power of eminent domain, that MROSD would say "hardly ever use it again. " MROSD must be respon- sible to all taxpayers in the District and therefore should pursue and complete the task before them. Janet Schwind - Representing the South Skyline Association, stated that MROSD' s eminent domain policy should be "interest in land shall be pur- chased exclusively from willing sellers. " She stated MROSD has developed a coercive approach and that more cooperative methods of preserving natural areas have not been explored simply because it is easier to use the force of law. Need to develop working relationship with Counties, other agencies and private property owners . it William Obermayer - Asked what MROSD' s task at hand was and whether there was a limit in the District ' s land acquisition program. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Page Two 8 5­0�P - Alan Hoskings - Asked if MROSD can acquire property outside District bound- aries by use of eminent domain. He said that the County had created inverse condemnation situations by downzonings and building moratoriums. S. Norton - Said the District can acquire property outside District' s boundaries by use of eminent domain. Robert Fisse - Stated he personally felt that policy regarding condemnation should be: "District shall buy only from willing seller's that are within the District' s boundaries and that the threat of condemnation shall never be used in negotiations. " lie said his position is based on fact that voters believed , at the time of the District' s formation, that the District had finite boundaries . Charles Touchatt .- Said that establishing policy was good, but asked how the public could be assured that new policy would be carried over and remain in effect over future years. H. Turner - Said that he, N. Hanko, and R. Bishop would be working on pre- paring a policy regarding the use of eminent domain and that members of the public should feel free to contact any members of the Committee to submit ideas. E. Shelley - In response to Mr. Touchatt' s question of how the public is to be assured that any policy would remain in effect, E. Shelley said that that is the most difficult item. He said that his own feeling was that any Board would have to rely on policy and hopefully precedent and that, if a Board establishes limits on use of condemnation and holds to them, such action would be the best assurance available. He did not believe there is any way that the current Board can legally bind future Boards under the law. N. Hanko - Indicated she had asked District Counsel to investigate legal means of binding future Boards. R. Bishop - Said he didn't believe that the current Board could adopt policy to bind future Boards. He said he believed that the current Board had been adhering to established policy, that policies are quite durable, and that there would be a moral commitment on future Boards not to change the policy. K. Duffy - Said it is her belief that widespread distribution of the eminent domain policy by Board, staff and landowners is the best way to assure adherence to the policy. David Leeson - Said that the binding element of the policy is admirable but not reassuring. He suggested that the District grant an easement to landowners saying eminent domain would never be used. He said such a binding contract would assure property owners . He asked for clarifica- tion of partial condemnation for a right-of-way over private property. R. Bishop - Said he felt there are some cases where District would want to retain its power of condemnation over a portion of a person' s property and that he did not favor a policy that would prohibit all partial con- demnations. He noted that every case is different and needed to be judged on its own merit. E. Shelley - Stated he felt that by retaining a policy that would allow par- tial condemnations would give the Board more leeway in being more restric- tive on use of overall condemnation. He said that at the moment he is not in favor of adopting a policy of never using eminent domain for partial condemnation. 85-09 Page Three Richard Bullis - Said that the Board is beginning to show sensitivity by holding workshops and referred to the letters from N. Hanko and H. Turner. He said he has never received any straight forward decisions regarding Quinta Ranch and that in his development of Russian Ridge Ranch he wants to work toward and share his plan of dedicating 81% of the remaining land for open space. Hans Morawitz - Expressed his appreciation for actions by MROSD and said he hopes MROSD will continue to use eminent domain when necessary to protect the interests of "flat landers" since they wish to see lands remain open space and available for public use. Bill Sorich - Reported that he had received a map in the mail recently that showed his land in green; he said he was not a speculator and wanted to live and let live. C. Britton stated that map being discussed was sent to William Obermayer and referred to a road maintenance agreement only. Paul Storaasli - As a Portola Heights resident, he said he is part of a com- munity that feels threatened. He said he is in process of developing his lands and believes his plans support District' s ideas of open space. He asked for a specific definition of undeveloped property and said he cannot support a policy of eminent domain, noting acquisitions should be from willing sellers within District boundaries. Allan Cox - A Skylonda resident for over 25 years, he indicated that the quality of his life has been enhanced by the work of MROSD. He said he hopes that eminent domain continues to be used for the greatest good and believes that in 50 years , if population records are an indication, that there will be very few green islands in the area. Judy Storaasli - Said she felt further consideration needs to be given to defining developed/undeveloped property and that her goals for their property complement the District' s goals. R. Bishop - In response to question regarding limits in the amount of land to be acquired, R. Bishop said that as land prices go up there will be less money to spend on acquisition and as more lands are acquired more money will have to be spent on management of these lands. He said that within the next 10 years MROSD will have to be very selective in acquisition and that the District always prefers to deal with willing sellers. E. Shelley - Stated, responding to the question regarding private property either held in open space or developed in a manner consistent with goals of MROSD, that one problem is a change in the long-term use of that property. He said one approach is an open space easement given in perpetuity. H. Turner - Said there is need for creative thinking to make eminent domain policies binding on future Boards. Lynn Penek-Holden - Asked if there was harm or a problem if a private owner did not plan to develop their land and wished to leave it as private open space. She asked if it is necessary for the District to have trails over all open property. Sandra Touchatt - Asked if MROSD has a master plan for hiking trails and if any consideration had been given to communities that are already built. Page Four 85-09 N. Hanko - Said she would take into consideration areas with established communities. R. Bishop - Said that the District 's Master Plan shows land as it relates to open space. E. Shelley - Said that the District' s Master Plan does not show trails. Candace Stone - Stated that since there seemed to be so much protest and since there were other agencies acquiring land in area (such as State Parks and Save-the-Redwoods League) , trails should circumvent the Portola Heights area. Jeannette Bullis - Said she is very much in favor of what MROSD is doing, adding that there is room for residential areas in the Skyline area too. Ms. MacPhearson - Said she has worked hard to build home in the Portola Heights area and is concerned with what she will be able to give to her children. Bob Piety - Said he didn't think anyone at meeting was against open space, rather they were against the use of eminent domain since it might shatter someone' s dream. He said that since MROSD has acquired most of its 18 , 000+ acres without the use of eminent domain, the District shouldn't have to use it in the future. Carol Norton - Said that she appreciates what MROSD is doing, that only land she owns on Skyline is MROSD land, and that she wants MROSD to continue to purchase land. She said eminent domain is a tool that needs to be kept and used where and when necessary. E. Shelley - Said that individuals in the Skyline area are aware that there is no permanence in zoning restrictions , adding that zoning describes only what is presently the highest and best use of land. He said he felt it is no protection for long term use of open space and was an unfair way to protect open space. R. Bishop - Said that the District 's Master Plan does not have specific parcels identified and that it rates land by desirability and quality for open space. E. Shelley - Said that MROSD relies on schematic plans from the two Counties for trails and pathway plans . H. Turner - Described the thrust of the District 's acquisition program and said that further acquisitions will be limited by financial constraints. He said it has been shown that approximately two-thirds of the land that MROSD will ever acquire has already been acquired and that MROSD is shifting from an aggressive land acquisition policy to more emphasis on land management. Tom Kavanaugh - Said that Board has no control over staff ' s use of eminent domain to threaten landowners. He related his personal dealing with staff regarding giving some land to the District . He said staff had requested they contribute $50 , 000 . Said that the Board was not going to do anything to work cooperatively with landowners , adding that if they did, the District 's lobbyist in Sacramento would protect them. 8, 5-09 Page Five C. Britton - Responded by saying that the balance of Mr. Kavanaugh' s prop- erty was to be developed, the dedication area consisted of I to 5 acres of wetlands that had accumulated a lot of trash and that staff felt if MROSD was to take over the area that $50,000 would endow the additional maintenance costs. Bob McKim - Asked the Board about fair market value, noting it was when a willing seller is paid the price the seller and buyer agree upon. He asked how long fair market values could be maintained as truly fair as the District acquires more land. Jean Rusmore - Said how appreciative she is for thousands of acres pur- chased by MROSD for open space and that she felt land values have been enhanced for property near MROSD lands . Charles Touchatt - Said he was very much in favor of open space, but ques- tioned how much more open space is needed. Robert Fisse - Responding to H. Turner' s statement that further acquisitions will be limited, said that he felt the District had been expanding its acquisition periods over the years. Richard Bullis - Said that MROSD runs on a capitalistic system, and ques- tioned if it is wrong to make a profit on one' s land. Imraan Aziz Said he was from Canada, that everything in this area seems to be becoming urbanized, and that open space is important so people Ik have a place to go for enjoyment. N. Hanko - Responding to Mr. Fisse' s comment regarding land acquisition said that there is no adopted policy stating the District would only acquire land during its first ten years of existence. She said that when the District was formed there was aninformal agreement with the Board of Supervisors of Santa Clara County that only 5% of the District' s fund would be used for development initially so that it was clear to everyone that MROSD was in the open space acquisition business. K. Duffy - Said that she applauded private open space and that, in some ways, it was a means whereby MROSD could save money. She said people could work with POST or the Trust for Public Land as well. She said the capitalistic system does not guarantee that the investments you make work out, and that after MROSD purchases land, the fair market value of surrounding lands probably does increase. She said the law of eminent domain can resolve, through the use of a third party, situations where there may be a willing seller asking an "unwilling" price. E. Shelley - Said he believes that governmental agency purchases cannot be used for establishment of fair market value. In response to Mr. Fisse' s question of acquisition and development policy over the District's first 10 years , he said that over the last 5 years the land management budget has gone up more rapidly than the entire budget itself. He said MROSD has been developing its lands and it will continue to do so. Paul Storaasli - Said that certain landowners had gone through various eminent domain issues with Castle Rock and Golden Gate National Recrea- tion Area, and that now the MROSD was threatening them and that land- owners are uncomfortable with this threat around them. Page Six 85-09 N. Hanko - In response to a question from Sandra Touchatt, said she would take into consideration established communities in policy relating to planning areas. Directors Bishop and Turner also agreed on this con- sideration. Bob Piety - Said he appreciated open space, adding that private open space should not be threatened with eminent domain. Diana Piety - Said she enjoys open space land, but MROSD has an adverse effect on people in Skyline area. David Leeson - Said that he wants to determine future course of his land, but threat of eminent domain from MROSD tells him he cannot have his land. He said the objectives of MROSD are admirable and that he believes they can be attained by patience and willingness to work with people and without using power of eminent domain. Richard Bullis - Discussed use of comparable sales between owners and MROSD and how they are used in eminent domain process . Betsy Crowder - Said that all governmental agencies have the power of eminent domain and that MROSD is a much more responsive agency than larger agencies in area. Procedures in Implementing Amendments to Brown Act Regarding Closed Session Discussions of Property Negotiations S. Norton - Gave a summary of the 1984 legislation pertaining to the Brown Act. (1) if public agency wishes to discuss acquisition in Closed Session, has to announce in public session name of property owner and location of property, (2) MROSD did map of sphere of influence and indicated those properties it thought it might some time wish to dis- cuss in Closed Session, (3) MROSD did not aspire to acquire all listed properties (this is what has caused concern to land owners) . K. Duffy - Said that small parcels indicated by asterisk, not named or listed, would have to be announced in public session if to be dis- cussed in Closed Session. George Ducker - Said he had lived in vicinity of area of parcels 84 and 83 on Master Plan overlay for 31 years and since this is a developed community of 18 homes, he was requesting that a property line be drawn around these parcels and that they be excluded from MROSD list. R. Bishop - Said he thought the suggestion was very good and that it would be considered. List was not put together to threaten people and list should be modified or done away with completely. Must address how we can carry out function of meeting with staff for land acquisition. We do control our staff by having meetings in Closed Session to give them direction. H. Turner - Said he also would give thought and consideration to Mr. Ducker ' s request. He said he believes MROSD acts in good faith both in the spirit and the letter of the law. We did not forsee fear that arose, and we would have acted differently if we had forseen fear. The task before Board now is to eliminate that fear. 85-09 Page Seven E. Shelley - Said policy of excluding areas makes sense but first must work out policy for use of eminent domain. K. Duffy - Fear of eminent domain is basic fear, consideration of eminent domain is an exemption to Brown Act. First task is to establish policy on use of eminent domain to allay fears that have arisen. Sandra Touchatt - Said Board was completely out of line in putting names of Portola Heights land owners on list; the value of their land has been devalued. Beez Jones - Asked for clarification of how particular acquisition becomes an eminent domain case. S. Norton - Explained in detail the legalistic aspect of the eminent domain process. K. Duffy - Explained that without list and without Board having discussed possible acquisition with staff, staff would be discussing possible acquisition and if they found themselves at an impasse and considered the property of great importance to the plan, they would come to the Board in Closed Session and recommend that the Board consider using the eminent domain process to obtain the property. Janet Schwind - Representing South Skyline Association asked that list be withdrawn, adding, however, that staff must not stop communicating with Board about potential acquisitions. She said the Association asks that the District: "l) honor the public' s right to know, 2) allow Directors ' input on potential acquisition, 3) protect the seller's right to privacy when desired, 4) not jeopardize the property rights of the 'whole' to protect the few. " She said that if MROSD firmly adopted the "willing sellers only" policy, the list would be almost innocuous, recommended the Open Meeting Laws pamphlet be read, and asked how many owners wish their privacy in land negotiations be honored. C. Britton - Said that approximately 50% of property owners who want to sell property to MROSD do not want their name announced while negotia- tions are being conducted. Charles Touchatt - Said that there must be a reasonable list of property owners with whom MROSD are negotiating or with whom they anticipate negotiating and that it was absurd to put everyones name on list and consider that as complying with the Brown Act. He said the Brown Act states "timely" notice is required. Tom Kavanaugh - Requested that at the next meeting a copy of the Brown Act be available for everyone. He said that the listing of property owners was poorly done, an insult to public, and that names were incorrect. He said that names should be clarified and parcel numbers should be included. He said agendas should list the names of property owners to be discussed in Closed Session, as well as litigation cases and lawsuits. He requested that MROSD help pass legislation that anyone violating the Brown Act would be penalized. S. Norton - Said the law currently states that if anyone knowingly violates the Brown Act they are subject to a misdemeanor. Page Eight 85-09 Candace Stone - Asked why there was a need to discuss acquisition of land in private since it will eventually be presented at a public meeting. E. Shelley - Said there are two ways to handle acquisition: one is for the staff to act on its own and then bring proposed acquisitions to Board at public meeting or a far better way is for Board to have discussions with staff in Closed Session. He said many land owners do not wish their intent to sell to MROSD to be made public until negotiations are completed. David Leeson - Stated that the District should do what the Brown Act says. He said since the list exists, it can never be taken away or reversed. He said that since MROSD is a public agency using public money, it must announce a seller' s name publicly, that the District should endeavor to find out what other public agencies do, and that MROSD should not accommodate people who want to negotiate privately. Hildegard Johnson - Said that since MROSD had become such a powerful agency it was time for public to sit in on Closed Sessions. She said she did not trust any of the Board members. S. Norton - Said that State law does not allow members of the public to sit in on a Closed Session of a public agency. William Obermayer - Said that his name could never be removed from the list since the list exists, that the only things that need be discussed in Closed Session are price and terms; and that the public has the right to know what is being discussed. He said MROSD should send an apology to everyone on the list, and that since MROSD has no Master Plan, no one knows what lands the District plans to acquire. Richard Bullis - Recommended that MROSD send letters to everyone on list in order to comply with the Brown Act and that Board seek an independent body (e.g. , District Attorney of Santa Clara and/or San Mateo County) to write how MROSD should implement the Brown Act. H. Turner - Said it was in public interest to meet in Closed Session to instruct negotiators on land acquisition matters. He presented two possible solutions on instructing negotiators: 1) create a land acqui- sition committee of 2 or 3 Board members , meet in private to discuss and then present in public to full Board for final decision; and 2) allow staff to negotiate, buy an option for minimal amount of money and then present the matter to the full Board. N. Hanko - Said that, as a member of Legislative Committee, she would like this Committee to deal with the problem and effect changes in the Brown Act. She said the listing of property owners should be withdrawn and staff should work on other methods of implementing the Brown Act. She said she likes H. Turner's idea of buying options. C. Britton - Said he would contact other agencies to inquire how they are complying with the Brown Act. E. Shelley - Said that, at the moment, he proposes that the listing of property owners should remain, but reasonable and workable ways to reduce the size of the listing should be found. He said he felt a clear policy on use of eminent domain is best way to reduce the impact of the listing. 85-09 Page Nine K. Duffy - Said she agreed to accept the current listing because she felt that a limiting list would really be threatening. She said that she believes some rural community areas could be removed from list, that the Board is not using the list to hide behind; and that negotiations are complex and the Board does give direction to staff in Closed Session. Tom Williams - Said he felt that the listing used to comply with the Brown Act has been a disaster. David Leeson - Feels that list does not meet requirements of Brown Act and said people on list should be notified and given the opportunity to have their names removed. He said he would like his name removed from listing unless MROSD intends to negotiate with him. Paul Storaasli - Asked, if one's name is not currently on list, could a person have the option of asking to have their name put on the list some time in the future. K. Duffy - Said that, as list exists now and if nothing were changed, there would be an opportunity to update or add to listing or remove name from listing as the Board felt appropriate. She said she believes that things will change. E. Shelley - Said he disagreed with the suggestion of announcing what land negotiations are to be discussed at each public meeting because some individuals do not want their discussions public knowledge until the negotiations are completed. H. Turner - Said that he had another option to add to his ideas regarding the Brown Act: withdraw the listing and announce prior to each Closed Session the names of those acquisitions going to be discussed. He said this could be risky process (pay higher prices , some people would not want to deal with MROSD under these conditions, and possible third party competition) . He suggested this latter process be tried for a year and then evaluated. Written Comments Received During Meeting Richard T. Mork - "The first time I heard the words 'green-belting' was almost twenty years ago in Germany outside Hanover when I questioned how it was possible to have so much open space in close proximity to a dense urban area. I thought then how wonderful it would be if such a concept were possible in the U.S.A.--especially in my home, the S.F. Bay area. Since then, through MROSD, that concept has begun to become a reality. I strongly support the work and policies of MROSD, and urge their continua- tion. I hope the Board will continue an aggressive policy of land acquisi- tion for the benefit of all the people of the greater Bay area and their children, and their grandchildren; and, for the Board not to succumb to the special interest pressures of individual land owners trying to block the green-belting process for short term interest or gains. " The Board scheduled a third public workshop for Saturday, May 4 beginning at 9: 00 A. M. at a location as near as possible to the location of the April 17 Workshop. Jean H. Fiddes , District Clerk Cecilia A. Cyrier, Secretary CLAIMS No. 85-09 Meeting 85-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: May 8, 1985 REVISED cLAlrzs Amount Name Description 8249 240.00 A-1 Septic Tank Service, Inc. Septic Tank Maintenance 8250 413.36 A T & T Information Systems Telephone Equipment Rental 8251 160.00 Blanning & Baker Associates, Inc. Subscription 8252 35.79 L. Craig Britton Reimbursement--Meal Conference :8253 900.00 California Advocates, Inc. Legislative Consultant Fee for April 8254 -13.11 California Native Plant Society Book on Endangered Plants '8255 4a M. 100.00 California Park & Recreation Conference Registration for Society Legialative Conference Herbert trench 8256 34.35 Clark's Auto Parts, Inc. Parts for District Vehicles 8257 130.47 Alice Cummings Reimbursement--1 lap Overlay and Private Vehicle Expense ,8258 277.40 Discount Office Supply Office Supplies I 8259 300.00 John Escobar Reimbursement—Educational Assistance 8260 501.00 Pete Ellis Dodge District Vehicle Repair 8261 117.74 Harbinger Conmunications Computer Charges for March 8262 235.20 Honeywell Protection Services Alarm Service 8263 555.90 The Hub Ranger Uniform Expense 8264 127.12 IBM Corporation Office Supplies 8265 12.50 Jobs Available Subscription 8266 260.00 Los Altos Garbage Company Dumpster Rental 8267 60.85 Nbbil Oil Corporation Fuel for District Vehicles B263 94.24 National Mailing Services Fees for Spring Newsletter 8269 125.10 Pacific Gas & Electric Utilities B270 261.18 Pacific Hardware & Steel Co. Field Supplies B271 1,011.09 Pacific Bell Telephone Service B272 8.56 City of Palo Alto Utilities Utilities 3273 800.00 Department of Parks & Recreation Training Class for Lisa Varney 3274 17.55 Rancho Hardware Field Supplies 3275 101.10 Recreational Equipment, Inc. Ranger Uniform Expense 3276 101.08 San Francisco Water Department Hassler Water Service 3277 45.45 Schuerman Home Service Water Heater Repairs 3278 246.15 Shell Oil Company Fuel and Repairs for District Vehicles 3279 90.95 Transcontinental Sales Co. Ranger Uniform Expense 1.11AE"Ib 1140. OD-UV Meeting 85-12 Date: May 8, 1985 REVISED �r a�iount Name Description 8280 800.00 U. S. Postmaster Postage for Meter 8281 39.98 Lisa Varney Private Vehicle Expense 8282 94.71 Sandy Voorhees Private Vehicle Expense 8283 468.07 Xerox Corporation March Maintenance Agreement 8284 150.00 ZZZ Sanitation Equipment Rental 8285 42.68 James Boland Film Processing and Field Supplies 8286 9,047.09 State Co>rpensation Insurance Fund Quarterly Premium 8287 99,000.00'�,- Sordrager Trucking Company Site Restoration--Hassler Health Hoax: $288 109.28 Petty Cash Meal Conferences, Office Supplies, and Xeroxing Supplies *Issued as an emer enc check on P 6 1 g Y 985 Y , I �II If I GEORGE DUEKER, ARCHITECT BOX 401 STAR RT. 2 LA HONDA. CALIFORNIA 94020 WRITTEN COMMUNICATION 851 - 2693 Meeting 85-12 May 8 , 1985 April 24, 1985 Board of Directors and Staff of The Midpeninsula Regional Openspace District 375 Distel Circle, Suite D-1 Loos Altos, CA 94022 Be hereby informed and notified that the parcel shown on your "Master Plan map overlay" dated February 13, 1985 and designated "84" thereon and also included on the list entitled "Property Owners on Master Plan Overlay" dated February 13, 1985, as "84 Dueker", is in fact property owned by George R. and Sarah C. Dueker. Said property is further identified as San Mateo County Assessor's Parcel No. 080-120-1100, consisting of 14.825 acres with a permanent residence and a guest house. The latter are owned and occupied by the owner as family residence. We have owned and developed this property since 1954, a period of 31 years. Neither the entire parcel, nor any part of it is for sale now, nor will it be in the foreseeable future at any price. Any long or short range plans which may include the use of the Dueker property by MPOSD should be revised, altered or abandoned as unfeasable and the property excluded in whole from any such consideration by the staff and the board of Directors. We do not want nor have any intentions to provide public easements or public access to any part or across any portion of our property for any reason. Therefore please remove our name and property from your list, and route any trails around our property in your initial planning stages. The MFOSD currently abuts two sides of our property and while we welcome the District as neighbors we originally purchased the property as our own open space and wildlife estate. We intend to protect it from intrusion, confiscation or forced sale. Sincerely, t—" - '&- 1z, George7w. Dueker Sarah C. Dueker MRASD 46 I � ►5G Isa 164 1 t(*4 t� r 57 t541 18Z 10 d 58 16a t r 57 t 69 lei taI G4 ,a 69 ?4 k z7 l80 13 1 t I 0 bl 68 �04 l( -12 Z4 93 0 145 8f bl Ia2 ►a3 MRoSD M i7i�D M A.P jg r=Ea�H MaF,T tZ Pip•► N»F'a�.c¢uir 57 e4 q 4 to2 zoo TO q7 5OW-D C7,f-- D i 2MC.TC ee iS�,J D S PP t` of 206 O -�)SPACE DisTo4c�T toy I N T Ft t gES7 t tyTME5 T5 OF Wof-pb 4t4 D "i rt e PR0F1eRT`( Otvly �/a> :TEp I PPC�Rr ritA[ tgc.EL-S 84 �►-�� �E i-i'1�1�Eb 'ux =T+-t�t2 W IT H PW-ce4..-S DMS iG Ki4 TED S 7 At,4 AS Fe Z i�X, 5 12Q A-1,ATD tDe�.rrrFtCp AS "SM�L� Pc %�i ";11ND Trtr�T , Tray 5tf►e�.� cc�,r�� �T� c t�= t-to�►eI, rsE,TC- ��► -M�iF' �i�r~r +dam PITT i3�t K f ig 139 1 g OF -W t+j C { �c .Ta1►� i-►v�G� ��N� ��Fi+ ��� 14(� 144 17^Pe 85 tK485 j G�-iwc iZ. �Z�� ��.►�a Sn.e,c�+-t �=. �'G kE>r. � GEORGE DUEKER BOX 401 STAR HT 2 ` 4 LA HOhDA,CAL. c� T �%�t T 94020 No late March letter as refe -aced was attached to Mr. Bulli: letter of April 28. This u, :ed letter was received at the District office on March 12, 1985 but was not publicly dis- tributed at Mr. Bullis ' request per a telephone conversation with C. Britton. Quinta Ranch Star Route 2, Box 310 La Honda, Calif. 94020 Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle Los Altos, Calif. 94022 Attention: Craig Britton Dear Board Members: j I would like to acknowledge that Quinta Ranch is for sale to the M.R.O.S.D. Quinta would be a fabulous addition to the Skyline Preserve with its strategic position, beauty, forests and trails. I would accept $400,000 cash and $400,000 in a note secured by a deed of trust at 8% tax free interest with $50,000 principal paid at the end of the first through eighth years. As a further condition I would reserve an assignable lease back of six acres covering my improvements plus water system as a "family compound" for the balance of my life or 30 years, which- ever is longer at one hundred dollars per year. A second proposal would be the sale of 50 acres for $350,000 cash and $350,000 deferred per the above terms. These terms and offer will expire May 1st, 1985 and the offer is non- exclusive. I would consider giving an exclusive option for one of the above "deals" for $5,000 per month up to 12 months, or $60,000 to be applied to purchase. I would expect my selling price to increase progressively until the expiration of the Williamson Act contract on Quinta Ranch. At that time I would sub- divide my land into four or more parcels and would vigorously defend my right to do so. Quinta is not in the boundaries of M.R.O.S.D. and condemnation would be difficult. This paragraph is included not as a threat but to make clear our future options. I would appreciate on early clear reply Gtating M.R.O.S.D. 's position re the acquisition of Quinta Ranch at this time or in the future. Such an answer would clear the air and greatly relieve any uncertainties in my mind regarding my land and my future. Very truly yours, Richard-S. Bullis RSB:jb WRITTEN COMMUNICA# ON A Meeting 85-12 May 8 , 1985 Quinta Ranch Star Route 2, Box 310 La Honda, Calif. 94020 April 28, 1985 Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, Calif. 94022 Dear Board Members: I wish all negotiations with M.R.O.S.D. re Quinta Ranch henceforth be "public." It seems that someone who is willing to negotiate in good faith, i.e. , a "willing seller," is put on the "back burner" as a low priority acquisition. It is this type of negotiation that you publicly espouse. Please acknowledge my letter of late March (copy attached). On another subject, I will be unavailable until May 22 to accompany j Clevenger on reappraisal of Russian Ridge Ranch. He has made no effort j to contact me at any time. Thank you for the cooperation received from your staff by Arthur Bliss in determining the access to Peters ' lower parcel. Very truly yours, Richard S. Bullis RSB:jb cc: Colin Peters, Esq. cc: David Byers, Esq. i IJ _ _ r gar: CrrIC FS. PETERS,PETERS & EL1. INGSON s PROFESSIONAL CORPORA-ON 525 UNIVERSITY AVENUE COLIN PETERS SUITE I5015 STEPHEN M. PETERS PALO ALTO, CALI/pMMIA 0430I PATRICIA E ELLINGSON 1I151 3&8-6'"0 April 10, 1985 L. Craig Britton Land Acquisition Manager p Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos , California 94022 Dear Mr . Britton : Re your letter of April 8, I very definitely want Mr . Bullis to t accompany Mr . Clevenger on his reappraisal . On the grazing lease, I am sorry I forgot to comment on that earlier . I have no objection to Mr . Mason grazing the upper parcel and Mr . True the lower piece if we pin down the terms and include an accounting of rent due, past and present . I have received no rent from anyone for a considerable period of time, and I would like to clear that up before making any new arrangement . Very truly yours, Colin Peters CP : Jj cc : Richard Bullis w/enclosure David Byers w/enclosure r r`f1e1 r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)%54717 April 8 , 1985 Colin Peters, Attorney at Law Peters, Peters & Ellingson 525 University Avenue, Suite 1505 D Palo Alto , California 94301 p li Re: Russian Ridge, Lands of Peters Dear Mr. Peters : In reference to your letter of April 4 , 1985 , I was not aware of your request to Mr. Clevenger instructing him to have Mr. Bullis II attend the inspection of your property until Mr. Bullis announced that fact at the District Public Workshop on Saturday , March 30 , 1985. I discussed this matter with Mr. Clevenger and he didn 't realize that there was any obligation on his part to extend the inspection invitation to any one other than the owner. Please excuse the mix-up. By copy of this letter, I am requesting that Mr. Clevenger update g r to his appraisal of January 1985 to include the residential density reflected in the approved conceptual plan on file with the County of San Mateo Planning Department. I am also asking that Mr. Clevenger tour the property with you or Mr. Bullis or anyone else i y you choose to represent you in this matter. It is my understanding (and I have not been able to obtain a copy of the plan) that the County has conceptually approved a total of 22 residential sites clustered on the westerly side of Russian Ridge so that the "integrity" of the ridge is not compromised. As to the section of your letter dealing with condemnation, I was very clear at our meeting that only the Board of Directo rs make that decision. I personally feel that the Russian Ridge property is one of the most important open space parcels in the District and I also made that clear at our meeting. One area of discussion to which you did not respond was your desire as to the current grazing operation on the lands owned by yourself and the District. You were planning to get back to me if it was acceptable for Mr. Mason to continue grazing the upper parcel and for Mr. True to continue to graze the lower areas ; you would be compensated for a pro-rata share of the grazing income. Hobert A Grench General Manager Board of Directors Katherine Duffy,Nonette G Hanko,Teens Henshaw,Richard S Bishop,Edward G Shelley,Harry A Turner.Danrei G Wendrn LAW OFFICES OF McCRACKEN, ANTONE Bc BYERs THE BELMONT SHORES BUILDING 1301 SHOREWAY ROAD, SUITE 201 MICHAEL D. MCCRACKEN* BELMONT,CALIFORNIA 94002-4106 AREA CODE 415 GREGORY J. ANTONE" 591-5525 DAVID J. BYERS •A PROFESSIONAL CORPORATION January 17 , 1985 Mr. Floyd D. Clevenger Clevenger Realty Appraisal Company 2363 Pruneridge Avenue Santa Clara, California 95050 Re: San Mateo County APN 080-330-140 and 080-330-040 Dear Floyd: I have received a letter sent by you to Mr. Colin Peters dated January 7 , 1985 regarding an ap- praisal of the above described parcels . This office represents Mr. Richard Bullis who possesses an option on the property. / / Please deal with Mr. Bullis in your efforts to `/ ti/ obtain the appraisal. Very truly yours , McCRACKEN, ANTONE & BYERS J DAVID J. BYERS DJB:gsb CC: Mr. Richard Bullis Colin Peters , Esq. I - REALTY APPRAISAL COMPANY FLOYD D CLEVENGER. M.A 1 . S R PA.. A.S A 2363 PRUNERIDGE AVENUE RICHARD B WITTMAN SANTA CLARA. CALIFORNIA 95050 LAWRENCE E WILLS. A.S.A., S.R.PA. DAVID L SNIVELY TELEPHONE (408) 241-2787 MARSHA L DENIS January 14, 1985 Mr, and Mrs. Colin Peters 1505 Palo Alto Office Center 525 University Avenue Palo Alto, CA 94301 Ref: San Mateo County Assessor No. 080-330-140 & 080-330-040 Dear Mr. and Mrs. Peters : Midpeninsula Regional Open Space District has retained this office to complete an appraisal of the above referenced property off of Skyline Boulevard in San Mateo County. We have been told that there is an option to purchase this property. This letter is for the purpose of requesting a copy of the option agreement. We would appreciate a full and complete copy of the option aqreement. Res fully, C V NG R, R Y APPRAISAL COMPANY loy D. Cleve n er .V 7' awrence E. Wills LW:ng cc: Richard Bullis L. Craig Britton I i I PI Elm,PETER`; cY: U.1.1 L FwpICSSGNr.. CUF<<..t CC.. N [ETE PE SUITE 150` E7EPHtE , M PETERS PALO ALTO,CALIFORNIA 04301 o01 ntC IA C E L—NGSON Illil MG-0770 January 10, 1965 Floyd D. Clevenger O 0 Clevenger Realty Appraisal Company 2363 Pruneridge Avenue Santa Clara , California 95050 Re : San Mateo County Assessor No. 080-330-140, 080-330-040 and 080-340-030 Dear Floyd : Thank you for your letter of January 7 in the subject file . I an, sure Craig Britton has told you to appraise only the Skylinc Marcel and to defer appraising the lower niece next to Nglte tr, await the outcome of the first appraisal . This property is under option to Richard Bullis, so I an sure yc't. will be in touch with him. This letter can constitute my writter, authority that he can stand in by place so far as inspectin(, rl.( prol-c-i-ty is concerned . Very truly yours, Cclin Peters C1' : jj cc: Richard Bullis / WRITTEN COMMUNIC� V Meeting 85-12 MARIQUITA WEST, M.D. May 8, 1985 P.O. Box 634 Los Gatos, California 95031 (408) 354-4234 lc) $S S Am. c � JL� C)p.a,,,, i WRIr-rTEN COMMUNI=CN Meeting 85-12 May 8, 1985 I urge you to acquire the property being threatened by development in Russian Ridge J. L. BRENNER 13 PHILLIPS RD. APR 2 4 IJ85 PALO ALTO, CALIFORNIA ;0NE 415 326 2970 ZIP 9430 Meeting 85-06 DRAFT ##1. DRAFT AGENDA ITEMS Meeting Date: March 27 Category Time Title Name on Lead Report Status (min.) Agenda Responsibility PUBLIC Draft Master Plan for HEARING 120 Skyline Ridge O.S.P . David David t w� WRITTEN COMMUNICATION Meeting 85-12 May 8, 1985 RICHARD BLUM P.0. BOX 4M 620066 WOODSIDE,CALIFORNIA 94062 Board of Directors Mid Peninsula Regional Open Space District 375 Distel Circle, Suite Dl Los Altos, 94022 Ladies and Gentlemen : I write in the hopes that this letter will join many others written to oersuade the District to purchase the Russian Ridge property now being threatened with subdivision development. I need not tell you that such development would mar the Skyline permanently with suburban-like housing, would set a precedent for further destructive profit-greedy projects, and would constitute an aesthetic and environmental insult of the first order. I know that the District has been under attack for its occasional use of eminent domain proceedings . My own view is that you have been unduly harassed, and that such criticism should not lead to any failure now on your part to acquire the Russian Ridge property which is so surely and severly threatened, and where protective response is so assuredly part of your mandate and function . I would like to eppress my confidence in your policy and performance, and to encourage you most strongly to act on Russian Ridge. Do note that InHmxmyB my wife and I are Skyline residents. From the top of our Langley Hill we see the Ridge, and would hate to see it ruined Sincerely « ►+ tii + M�' ���� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-i,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 May 2 , 1985 Ms. Cathy Lazarus Local Agency Formation Commission County of Santa Clara 70 West Hedding San Jose, California 95110 Subject: Annexation Proposal -- Midpeninsula Preserve 1985 Dear Ms. Lazarus: In reference to our letter of April 25 , 1985 and your tele- phone discussion with Craig Britton, of the District staff, please find enclosed the amended legal description and map for the subject annexation. Although the District has requested an indefinite continuance of this matter, I under- stand it is your opinion that LAFCO may still choose to proceed. Since this is a possibility, I wanted to make sure that you had the amended legal description and map in your possession so that the areas of private ownership can be excluded from any such annexation. Sincerely, Herbert Grench General Manager HG: cac Enclosures cc: MROSD Board of Directors W. Davis, San Mateo County LAFCO Herbert A.Grench,General Manager Board of Directors Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin r "EXHIBIT A-2" Annexation to Midpeninsula Regional Open Space District Name of Annexation Midpeninsula Preserves 1985 - Skyline Ridge (South) Date: January 24, 1985 Revised: 5/85 DESCRIPTION All that certain real property situated in the State of California, County of San Mateo described as follows: Beginning at the Northwest corner of Section 27, Township 7 South, Range 3 West, M.D.B. and M. which corner is the common corner to Sections 21, 22, 27 and 28; thence proceeding from said common corner along the Northerly line of said Section 27 S 88' 14' 07" E 2521.23 feet, more or less, to the Northeast corner of the Northwest 14 of said Section 27 as said corner is shown on that certain Parcel Map entitled "Parcel Map, being a resubdivision of Parcel "B" shown on the Map recorded in Volume 18 of Parcel Maps, at Page 3, San Mateo County, State of California," filed for record October 1, 1974, in Book 26 of Maps at Page 14, Records of San Mateo County; thence proceeding along the Easterly line of said Northwest 14 of Section 27 S 40 18' 00" E 2557.13 feet more or less to the center point of said Section 27 as said center point is shown on said Parcel Map recorded on October 1, 1974; thence from said center point S 88' 31' 24" W 2452.77 feet more or less to the Northeast corner of the Southeast ;4 of said Section 27; thence S 10 32' 47" W 2723.96 feet more or less along the Easterly boundary of said Section 27 to the center line of the living running stream of Afton Water; thence West by Northerly following the meanderings of the low water channel of said Afton Water descending the center of ripples, pools, rapids, cascades and waterfalls constituting said stream to the Westerly boundary of Parcel "C" as said parcel is shown on that certain Parcel `lap filed for record on April 13, 1973, in Book 20 of Parcel Maps, at Page 26, Records of San Mateo County; thence proceeding along the Easterly boundary of said Parcel "C", N 4* 18' 00" E 684 feet more or less to the Southeasterly corner of Parcel Two (2) as shown on that certain Parcel Map filed October 1, 1974 in Book 26, Parcel Maps of San Mateo County, Page 14; thence along the Southwesterly line of that parcel described in Recorder's Serial Number 84059149, Official Records of San Mateo County N 51* 311 07" W 3064.87 feet to a point in the Westerly boundary of said Section 27; thence along said Westerly boundary of Section 27 N 4' 59 ' 23" E 1385.77 feet more or less to the Point of Beginning. i Skyline Ridge Open Space Preserve P.O.B. V 21122 S 88014 ' 07" E •mom••rmr�s •vwwwr� • • �� • �� •��� • 22 23 `� 27 27 26 2521`w . 23 ' C\' r N 080-390-060 74 . 34 acres ° CC)Ln ~ rn N Ico M.R.O.S.D. o 080-390-110 10 Boundary as d 5 . 83 acres _ (Not Included) established November 2, 1976 100 S1 080-390-120 n • 53 . 57 acres O � Iw S 88031 ' 24" W 080-390-130 06g•8 2452 . 77 ' cn J+1 °080-400-020 w • N � 95 . 75 acres (20PM26) \ 7A Afton Water • N Skyline Page Psill Road Blvci I1-s r'/r_-ancos Skyline� Ponte Plel'_o Ridc,e O.S.P. Exhibit B-2 O.S.P. PROPOSED ANNEXATION / Santa Clara Pnnexation f 0=11nty To: Midpeninsula Regional Open Parcels Space District Loma Ridge Sar-atcxta-Gap Entitled: Midpeninsula Preserves O.S.P. 1985 - Skyline Ridge (South) O.S.P. ' Date: 01/18/85 San P�E.teo Co. B M. Gundert Scale: 1"=500' Revised: 3/85 ; 5/85 ' Santa Cruz Co. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 N 0 T I C E Members of the Board of Directors of the Midpeninsula Regional Open Space District will be meeting informally in less than quorum groups with representatives of the Portola Heights Homeowners Association and the South Skyline Association to discuss topics of mutual interest. The first informal meeting will be on Sunday, May 5, 1985 beginning at 10: 00 A.M. The group will meet at the gated entrance to the Long Ridge Open Space Preserve on Skyline Boulevard, Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin M-85-80 (Meeting 85-12 ITEM FOR EMERGENCY CONSIDERATIO k May 8, 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 8, 1985 TO: Board of Di rectors FROM: H. Grench, General Manager SUBJECT: Follow-Up for May 4 Workshop Discussion: At your May 4 workshop, President Henshaw stated that this item should be added to your agenda in order to make appropriate follow-up assignments based on input received at Saturday ' s workshop. Since this item does not appear on your printed agenda, you need to add it to your agenda as an emergency item prior to considering the matter. Recommendation: According to your discussion so far, you would charge the current Board Committee, composed of Directors Hanko, Bishop, and Turner, with whatever follow-up you would like them to undertake on the topics of acquisition of land outside the District boundaries and annexation. The Committee has already received assign- ments concerning the use of eminent domain and a tentative assignment on implementation of the Brown Act. i n M-85-79 (Meeting 85-12 May 8, 1985) Nit MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 May 2 , 1985 To : Board of Directors From : Nonette Hanko Subject : Brown Act; closed session/ personnel exception Dear Colleagues : Upon studying the new ( Dec. 1984 ) State of California Publication Open Meeting Laws regarding the Brown Act requirements for local agencies; I wish to raise a serious question as to the Board's current procedure for determining the amount of salary increases for Board appointed officers in closed session. I have attached what I believe to be the relevant pages from Open Meeting Laws for your attention. It appears to me that prior to 1983 , the best advise on this subject was the attorney general's opinion 283 ( 1978 ) ," that it was proper under personnel exception to discuss in private the salary of the manager of a special district and the discussion could include his work history and his suitability for his position , ( page 17 attached to this report ) . However, in 1983 , in San Diegosv.` City Council ( 146 Cal. App. 3d 947 ) " the court concluded that a closed session was appropriate for the purpose of reviewing an appointee's job performance and making the threshold decision of whether any salary increase should be granted. However all discussions concerning the amount of any salary increase should be held in public session"( page 16) The court specifically rejected the argument that the terms employmene or 'performance as used in section 54957 should be interpreted to include salary level determinations. The court stated, Salaries and other terms of compen- sation constitute municipal budgetary matters of substantial public interest warranting open discussion and eventual electoral public rati- fication " . The decision goes on to a variety of other factors for open meeting discussion including " relative compensation of similar positions elsewhere , both inside and outside of the jurisdiction' " 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 J (Brown Act; c' -ed-session/ personnel ""4, exception ) page 2 In the introduction of Open Meetinq Laws ( page 1 ) , it is noted that " Attorney General opinions , unlike appellate court decisions, are advisory only and do not constitute thr law of the state"; so I would personally conclude that the 1983 San Diego Union v. City Council decision would take precedence. I believe such salary increase dis- cussions would affect each of the Board appointed officers, ( general manager, legal counsel, and controller ) . As a member of the legislative committee, I wish to request that the Board refer this matter to the Legislative Committee for full review with our legal counsel, and with instructions to return with whatever procedural policies the committee believes appropriate for Board consideration. Nonette F . Permissible closed sessions Authority for closed sessions must be found in the explicit terms of the Act or inferred from some other n co fiden ti alit Y provision in the law. (61 Ops . Cal . Atty. Gen . 220 ( 1978 ) . ) The Act itself contains several purposes for which a legislative body may meet in private or in closed session. Additionally , the courts and this office have held several other situations to fall within the closed session exception to the open meeting requirements of the Act. Prior to or after holding any closed session, the legislative body of the local agency shall state the general reason or reasons for the session. The legislative body may also cite the legal authority under which the closed session is held. The scope of the closed session shall be limited to matters covered by the legislative body ' s statement of reasons . The legislative body is neither authorized nor required to include in its statement of reasons information which could constitute an invasion of privacy or otherwise unnecessarily divulge particular facts concerning the closed session. ( Section 54957 . 7 . ) 1 . Expressly authorized closed sessions a . Personnel exception The Act provides in Section 54957 for closed sessions to consider the appointment, employment, performance, or dismissal of a "public employee" as defined by the Act or to hear complaints and charges against such "public employee . " This exception is commonly known as the "personnel exception. " An employee may request and require a public hearing where the purpose of the closed session is to discuss specific charges or complaints against him or her. A general discussion of an employee ' s job performance may, however, be held in closed session irrespective of the employee ' s desires . (61 Ops . Cal . Atty . Gen . 283 ( 1978 ) . ) We have held that "public employee" as defined by the Act does not include anyone elected or appointed to an elective office ; that the definition contemplates only "nonelective officers" insofar as it may include officers . ( 59 Ops . Cal . Atty. Gen. 266 ( 1976 ) . ) Moreover, mayors , chairpersons of boards of supervisors , and other presiding officers , although receiving separate appointments to their presiding offices, are not employees within the meaning of Section 54957 . Therefore , complaints against such presiding -14- _I officers may not be discussed in a closed session . ( 61 Ops . Cal . Atty . Gen . 10 ( 1978 ) . ) In Rowen v. Santa Clara Unified School District ( 1981 ) 1 Ca1 . App . 3d 231 , the court held that discussions regarding the qualifications of an independent contractor to sell surplus land for the district should have been conducted in public. The personnel exception set forth in Section 54957 is specifically applicable to the hiring of employees , but the court refused to apply it to independent contractors in this case. Since special services contracts are not subject to the bid process , the court commented that the need for public consideration of the independent contractor' s qualifications was especially important. The legislative body must report at the public meeting during which the closed session is held or at its next subsequent public meeting any action taken during its closed session , and the roll call vote thereon , to appoint, employ , or dismiss an employee . ( Section 54957 . 1 . ) This reporting requirement applies to all legislative bodies irrespective of whether they are otherwise required to act by roll call vote . ( 59 Ops . Cal . Atty. Gen . 619 ( 1976 ) . ) However, the requirement has been construed to apply only to actions to "appoint, " "employ , " or "dismiss . " Accordingly, an action to establish the compensation of a hospital administrator need not be reported at the next subsequent public meeting of the legislative body . ( 63 Ops . Cal . Atty . Gen . 215 ( 1980) . ) The personnel exception is probably the most widely used permitted closed session device . This office has opined that the primary purpose of the exception is to avoid undue publicity and embarrassment to the affected employee and that an ancillary purpose of the exception is to encourage the free discussion of personnel matters by the legislative body . ( 63 Ops .Cal . Atty . Gen . 215 ( 1980) ; 61 Ops . Cal . Atty . Gen. 283 ( 1978 ) ; 59 Ops . Cal . Atty . Gen . 532 ( 1976 ) . ) Examples of its application may be helpful to demonstrate that in addition to actual hiring and firing , it has a legitimate int ermediate e scope . co e . i . In Cozzolino v . City of Fontana ( 1955) 136 Cal . App . 2d �606-, the court upheld a closed hearing to consider the propriety of a past firing by the chief of police , and to ratify such action . - 15- In Letsch v. Northern San Diego Count Hosp. Dist. (-1966 ? 246 Ca I . App . 2d 673 , t e court held that a hospital board could meet in closed session to discuss the qualifications of a radiologist, who was apparently an independent contractor, prior to terminating the radiologist' s contract. iii . In Lucas v. Board of Trustees ( 1970) 18 Cal . App . 3d 990, a decision not to rehire the di tri c s t superintendent of a high school district was held to be properly made in closed session . Also, in 59 Ops . Cal . Atty.Gen . 532 ( 1976) , this office upheld the use of a closed session by a school district governing board to discuss and evaluate the performance of its superintendent. iv. In San Diego Union v. City Council ( 1983) 146 Cal . App. 3d 947 , the court considered whether the city council could meet in closed session to consider the job performances and salary levels of certain appointed officials. The court concluded that a closed session was appropriate for the purpose of reviewing an appointee ' s job performance and making the threshold decision of whether any salary increase should be granted. However, all discussions concerning the amount of any salary increase should be held in public session . The court specifically rejected the argument that the terms "employment" or "performance" as used in Section 54957 should be interpreted to include salary level determinations . The court stated, "Salaries and other terms of compensation constitute municipal budgetary matters of substantial public interest warranting open discussion and eventual electoral public ratification . " ( San Diego Union v. City Council , supra , at page 955 . ) The court stated that although an individual ' s job performance could be considered in closed session , there were a variety of other factors that must be considered in determining the appropriate salary level , e. g. , availability of funds ; other funding priorities ; relative compensation of similar positions elsewhere , both inside and outside of the jurisdiction . -16- This opinion calls into question the opinions discussed below , which appear to have taken a broader construction of the employment" and "performance" exceptions . In 61 Ops . Cal . Atty . Gen . 283 ( 1978 ) and in several letter opinions of this office , it was held that the personnel exception could be used to discuss the salaries of individual employees as opposed to discussing salary scales in general . Thus , in I . L . 66-184, we took the view that it was proper under the personnel exception to discuss in private the salary of the manager of a special district, and the discussions could include his work history and his suitability for his position. In I . L . 68-117 , we held , however, that it was not permissible for a school board to hold a closed session to consider the salaries of all the teachers of the school district, since there were no individual qualifications to be discussed. Similarly , in Santa Clara Federation of Teachers V. Gove`rnijnjg Board ( 1981 ) 116 Cal -T-pp . 3d 831 , the court held that the board ' s consideration of a hearing officer' s decision on teacher layoffs must be held in public. The holding of a closed session by a county board of supervisors for the purpose of discussing salaries of specific employees , although permissible under the Act, may , however, be prohibited by Section 25307 , which provides , inter al i a , that all meetings of the board pertaining to salaries of county employees shall be open and public. ( 61 Ops .Cal . Atty .Gen . 282 ( 1978) . ) V . In 63 Ops. Cal . Atty . Gen . 153 ( 1980) , this office . held that abstract discussions concerning the creation of a new administrative position and the workload of existing positions are inappropriate for a closed session . However, if the workload discussions involve the performance of specific employees , a closed session may be proper. vi . In 65 Ops . Cal .Atty . Gen . 412 ( 1982) , we concluded that a county retirement board could review in closed session the medical records of a county employee seeking a disability retirement. - 17- perfor umance, or dismissal of a public employee or to hear ch eP complaints or charges brought a g ainst su employee 0Y ee b another person or employee unless such employee requests a public hearing . The legislative body also may exclude from any such public or closed meeting , duringthe ami ex exa mination n of a witness , any or all other witnesses in the matter being investigated by the legislative body . For the purpose of this section, the term "employee" shall not include any person elected to office , or appointed to an office by the legislative body of a local agency ; provided , i however, that nonelective positions of city manager , county administrator, city attorney , county counsel , or a department head or other similar administrative officer of a local agency shall be considered employee positions ; and provided, further that nonelective positions of general manager, chief engineer, legal counsel , ° district secretary, auditor, assessor , treasurer, or tax collector of any governmental district supplying services within limited boundaries shall be deemed employee positions . Nothing in this chapter shall be construed to prevent any board , commission , committee, or other body organized and operated by any private organization as defined in Section 54952 from holding closed sessions to consider (a ) matters affecting the national security, or (b ) the appointment, employment, evaluation of performance , or dismissal of an employee or to hear complaints or charges brought against such employee by another person or employee unless such employee requests a public hearing . Such body also may exclude from any such public or closed meeting , during the examination of a witness , any or all other witnesses in the matter being investigated by the legislative body. 54957 . 1 . Report of employment determinations The legislative body of any local agency shall publicly report at the public meeting during which the closed session is held or at its next public meeting any action taken , and any roll call vote thereon , to appoint, employ, or dismiss a public employee arising out of any closed session of the legislative body . § 54957 .2 . Minutes of closed session ( a ) The legislative body of a local agency may, by ordinance or resolution , designate a clerk or other officer or employee of the local agency who shall then attend each closed session of the legislative body and keep and enter in a minute book a record of topics discussed and decisions made at the meeting . The minute book made pursuant to this section is not a public record subject to inspection pursuant to the California Public Records Act ( Chapter 3 . 5 -40- its legal counsel , based on existing facts and circumstances , there is a significant exposure to litigation against the local agency ; or ( 2 ) Based on existing facts and circumstances , the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph ( 1 ) of this subdivision . ( c) Based on existing facts and circumstances , the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation . Prior to holding a closed session pursuant to this section , the legislative body of the local agency shall state publicly to which subdivision it is pursuant. If the session is closed pursuant to subdivision (a ) , the body shall state the title of or otherwise specifically identify the litigation to be discussed , unless, the body states that to do so would jeopardize the agency ' s ability to effectuate service of process upon one or more unserved parties , or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage . The legal counsel of the legislative body of the local agency shall prepare and submit to the body a memorandum stating the specific reasons and legal authority for the closed session . If the closed session is pursuant to subdivision (a ) , the memorandum shall include the title of the litigation . If the closed session is pursuant to subdivision ( b ) or ( c ) , the memorandum shall include the existing facts and circumstances on which it is based. The legal counsel shall submit the memorandum to the body prior to the closed session if feasible , and in any case no later than one week after the closed session . The memorandum shall be exempt from disclosure pursuant to Section 6254 . 1 . For purposes of this section , "litigation" includes any adjudicatory proceeding , including eminent domain , before a court, administrative body exercising its adjudicatory authority , hearing officer, or arbitrator. § 54957 . Closed sessions Nothing contained in this chapter shall be construed to prevent the legislative body of a local agency from holding closed sessions with the Attorney General , district attorney , sheriff, or chief of police , or their respective deputies , on matters posing a threat to the security of public buildings or a threat to the public ' s right to access to public services or public facilties , or from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of -39- M-85-74 (Meeting 85-12 May 8 , 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 2 , 1985 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Interim Use and Management Plan for the Nolte Addition to the Russian Ridge Open Space Preserve Introduction: At your March 13 , 1985 meeting you approved the acquisition of the Nolte property addition to the Russian Ridge Open Space Preserve (see attached report R-85-20 , dated March 5 , 1985) . You also tentatively adopted the use and management recommendations outlined in the report and indicated your intention to dedicate the property as public open space. In accordance with the adopted Land Acquisition Public Notification Pro- cedures (see memorandum M-83-106 , dated August 31 , 1983) , final adoption of the interim use and management plan was deferred until after close of escrow to allow for public comment. Escrow on the 160 acre Nolte property closed April 9 , 1985 . Since the initial hearing, staff has received no further public comment on the acquisition. Recommendation: I recommend that you adopt the Interim Use and Manage- ment Plan for the Nolte property addition , including the naming, as contained in report R-85-20 and dedicate the property as public open space. I R-85-20 (Meeting 85-05 March 13 , 1985) fvIlDPENIN'SULA REGIONAL OPEN SPACE DISTRICT REPORT March 5, 1985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND. PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; A. Cummings, Environmental Analyst SUBJECT: Proposed Nolte Property Addition to Russian Ridge Open Space Preserve Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to purchase 160 acres of land adjacent to the western boundary of Russian Ridge Open Space Preserve, within unincor- porated San Mateo County. The property, an expansive grassy ridge, is contiguous to the existing lands of the Russian Ridge Open Space Preserve, connects by trail with Skyline Boulevard, and offers visitors a scenic destination point and picnic spot. A. Description of the Site 1. Size, Location and Boundaries This 160 acre property, a full quarter section, lies between Russian Ridge Open Space Preserve and Mindego Hill in unincorpor- ated San Mateo County (see map attached) . It is bordered by Russian Ridge Open Space Preserve to the north and east and by private property to the south, west, and northwest. Mindego Hill, a prominent summit, lies directly to the west. 2. Topography, Geology and Natural Landscape The property with its wide grassy ridge forms a level saddle between two knolls, offering easy hiking with extensive views in all directions. The grassland along the ridgecrest is being grazed by cattle from the neighboring Mindego ranch. Dominant plants are short annual grasses and forbs . The upper section of the north side of the ridge was recently cleared to open up a larger area to grazing. Piles of dead brush and bare soil still remain, and reseeding remains to be completed. The north side of the ridge is steep and heavily vegetated with foothill woodland near the top, grading to mixed evergreen forest lower down. Oaks , madrone, and California bay are common foot- hill woodland species, with Douglas fir becoming more frequent in the mixed evergreen forest below. The south side of the ridge R­8 5--20 Page two is also steep, having mixed evergreen forest in the canyons and chaparral on the open slopes . Elevations range from 1280 feet to 1800 feet, a 520 foot difference. A tributary flows from the south side of the ridge into Alpine Creek, while the north slope drains into Mindego Creek. Both Alpine and Mindego Creeks are tributaries in the San Gregorio Creek drainage system, which drains to the Pacific Ocean. The ridge is underlain with shale and volcanic rock. Both Mindego and Langley Hills are remnants of ancient volcanoes, formed below the sea. The volcanic rock erupted in pieces rather than as a continuous lava flow. The pieces were weathered and eroded into heavy clay soils which are very susceptible to landsliding. The steep side slopes are rated as having the highest suscepti- bility to landsliding and consist of landslide and possible landslide deposits (Land Slide Susceptibility in San Mateo CountCA1978) . Althouy, gh the crest is given a moderate rating, it could be undermined by the failure of the side slopes. B. Planning Considerations The property is located within unincorporated San Mateo County, and is proposed for annexation to the District (see the agenda item under memorandum M-85-37 , dated March 4 , 1985) . It is within San Mateo County' s Resource Management District, and acquisition for public open space purposes is in accordance with the San Mateo County General Plan. A density analysis indicated that the maximum allowable residential density on the property as six units, although it is County policy to discourage structures on a ridgeline, which is the only suitable building area on this site. C. Current Use and._Development A dirt road follows the ridgeline through the property, providing access from Alpine Road to the ranch to the west. Since this road crosses private property it could be used as a patrol road, but may not be possible as a public access at this time. A branch of the road leads down to ruins of an old barn at the southeast corner of the property. The property is subject to a grazing lease which encompasses other adjacent property. Currently the site is being grazed by a herd of 20 Brahman cattle, including bulls, cows, and calves, owned by the adjacent rancher. He intends to breed the bulls with ordinary heifers to produce half Brahman hybrids . The property has been heavily grazed the last 4 or 5 years , yet the rancher feels the grass cover is improving. He cleared the brush from the north side of the ridge as part of his lease agreement and intends to finish clearing, discing and seeding the cleared area, but has not yet completed the job. The only structure on the property is a small holding pen midway across the ridge. A fence and a cattle crossing across the road mark the western boundary. Page three D. Potential Use and Management The property will be a valuable addition to the existing Russian Ridge Open Space Preserve trail system. An old Jeep trail beginning oppo- site the Vista Point parking area on Skyline Boulevard winds around the southwest side of Borel Hill, and traverses the head of a heavily wooded canyon and several meadows, joining the ridgeline road near the southeast corner of the Preserve. Visitors could follow this road a short distance west through the Preserve to enter the property. Its open grassy character and panoramic views would make it a fine visitor destination and picnic spot. Russian Ridge Open Space Preserve is a key part of the planned Skyline Scenic and Recreational Trail Corridor, destined to become a major recreational route linking public lands in three counties. This parcel , positioned along a ridge leading west from the Preserve, could play an important role in any future trail link to Pescadero Creek County Park. Other potential trail connections include: 1. A Russian Ridge Open Space Preserve loop trail descending the north side of the ridge into the headwaters of Mindego Creek, rejoining the Jeep road near the northern boundary of the Preserve. 2. A connection to Skyline Ridge Open Space Preserve via the patrol road and a short portion of Alpine Road. (This may require , obtaining further rights on the entry road. ) E. Interim Use and Management Recommendations 1. The site will be managed as part of Russian Ridge Open Space Preserve and will be open to hikers and equestrians. 2. Preserve boundary signs will be installed at the western boundary of the property . Cost is estimated at $50 . 3. The brush piles will be burned this winter if possible, and the cleared area disced and seeded with grass. Cost is estimated at $200 . 4 . Grazing should be continued on the property at the present time. The old grazing lease has expired, and a short-term agreement will be negotiated if possible. Staff is working with the San Mateo County Soil Conservation District to prepare a grazing plan for Russian Ridge. This property will now be incorporated into the plan. Upon completion of the plan, the recommended changes will be incorporated into a long-term grazing lease decision. 5. Any hazardous remnants of the old barn in the southeast corner of the property will be removed and the site restored to a natural area. F. Dedication The property should be dedicated as public open space. R-3 5-220 Page four G. Naming The property should become an addition to the Russian Ridge Open Space Preserve. H. Terms The total Purchase price stipulated in the attached Purchase Agreement will be $450 ,000 ($2800 per acre) payable in cash at the close of escrow. This amount is in accordance with the appraised value of the property. Funds for this Purchase would come from the New Land Commitments budget category and would be the first expenditure from the proceeds of the District' s 1985 note issue. Reco,=_endation: I recommend you adopt the accompanying Resolution of the Board of Directo rs of the Midpeninsula. Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Offmi- cer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Russian Ridge Open Space Pre- serve - Nolte Property) . I further recommend you tentatively adopt the interim use and management plan recommendations contained in this report, including the naming, and that you indicate your intention to dedicate the property as public open space. 1 � . . . s l 1 � ' •• •.• � - ••�� "• II h,.,i,slrrn�1S41r11.•iJ\i1yr711�.I'/':] .'� •�.!� V .-1 rim: � @\. ,1 `� a 9po.i ..,AL CREEK OPEN SPACE PRESERVE 1� Lr, - - ��'' //./ !�':-.'� �' ��'oo �.,, , ••.`��.'.,..� RUSSIAIA RIDGE OPEN SPACE PRESERVE S I r •,'', ;';; ( ./ _raq�N' ;' ' /� '` ~ •�+�'.`\';, z y SCALE 1" = 2000' WRTH I q `5 �� `i`'. �. \ -.. !.ter•.�O .-jr\'�� .:'��.1 �1�" s" ���� '� �_ J �, �,�� ---�••.1 •// }�.. C��r, ,. •it � �R1=--- rid . S \ "f-�'� A�; -� _N I + %•v Z'�,C• \1 V�� `r' -"' ��'+Y�., ~ �_ ��\1 � 4��\ "\ 11{�+ Mc MetvlUei. r\ ZZ 1J// 1) (=L.. •'� �•� "'` �%r� `{�.,� _��` 1S` �.,�, , ..4 y.`` r"'n�-�,rev;\•.` I t�l � V ( � , !. / \ '•.8 _1 :*j� � '� _ Coal Creek Open S pace Preserve l if`• `�� _ram` �1m o1 o�t ) 7 ,'oil rt `a ,`I frj �r,o t \•?:� - -Alpine Fcad - _ Los Tiancos r f7a�) ` `1aCltlt,y / max'! /sue"\I� l�:r� \t~ re» ;:ol`, o 1 ����_ , . i Open Space Preserve gip` r !✓��� � ! t° `loll ^, �\ \4\\ \} J-`�.�. _ _ -� -`-; _ --`-` (•� _-- _.k /� .-n v '" �1. � f Sil 1 �f ; � •` � ��\1 \.�� -��`�`�, y� �`i``.�" �ffa t r ,f �V `=i�JS �_ CalTrans 7 ., —Vista Point; �� �� `•;•�--;' t;/'r--� , ?•t ; �i- �\o \„ ''�I •�1L 1r L � ri I� ','�/ ;ter_ l/ _ �}� i S/`�\ \` \•��•• -�'F f/��/.�j �J--f \�(q��_ �•�� �O \. '_-��li��''/\ -/% ,:�1 l .^•'f�f! :�-• �(J 4 ��r '>C17�� �23�!\� •`�,t t f .'.`' v ,Y,' ' ` ' '''`? p.� (', i `�` ` �, •`L% } ^`\ _� 11 i! ���`�.- ! `;\ orel HiTM\\.1Ad ram\ -J-�. �=--: .L •- '\ n/_� ./! n` , \ v � !�it o. 71. -s .i ./ Bello .._�ol�-= �� \`.','=..' r�� ) 7�`.i-�' -, : !� �' '��� Open Space Preserve }_ t t R3issian .` � I`i l f i , ,^ +-\ S ce Preserve AV i is o i1,_ ..:ii•w:v: 1 "tf f.`�J r. r��s a,. 1: I��' 14.1 r - t s I,O e 1 (ice _ t / ::•: r •o nii �,. � r t L o N a�- i a- 4 ., It � f , a t N 1 s � r• IN 1 PROPOSED ADDITION~ ;��`t;•l - '` i `-,')�/`� <<< V ZZ Skyline R•f�� i '��, - •• ((� ` o,l Space PreSeYVe ';'��� �), � %-- �^��I/--- `a• !�`,- ,%�►�l l' _lam. "-!'\�_�� 1 �,'t"'I' �• \ \ 1 '� I /� I ���-/'J/�//�,✓-�'- i lip I I�T �i'�K0 \r�_•� Open Space •�r�.. : o l Q� , r, �_� �.,i r /'J, r /r~- J' ✓\�� J� `�; ''a \��l t` 1Y;.i/ ���i� r`- r;`-t�2 -- _, > !"• :)) '\����� i' OL%• ,`1�'�---� � 1��� )�� '•=�� _�'JJf:(mot-'3 i•'�\.�l �_ `) <� Y. ,�_'\,_ 4 ,, !\il.` `�\a�1 rr�lb` 'i li-�J�`� ���f 'l,� ��C .� ,200/(IyyIC�O�~•�`�f����`� `, it \. ) - �_- I.\� �/�J'�-'� o�`'` �\� I r-.`,�.`'��\V //'/ .J'r/I } ••.� 11 N'�1l �1 ����,�`) f:i ��1����' l' , I HIM �--- � R-85-1 1 (Meeting 85-03 oeFeb. 13 , 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT February 7 , 1985 TO: Board of Directors FROM: H. Grench, General Manager PREPARATION AND RESPONSIBILITY: C. Britton, Land Acquisition Manager SUBJECT: Transfer of Development Rights for a Portion of Long Ridge Open Space Preserve to Jikoji Introduction: At your meeting of August 11 , 1982 , you adopted Resolution 82-34 approving and accepting a land exchange with Bodhi (see report R-82-33 , dated August 4 , 1982) . At your following meeting of August 25 , 1982 , you approved specific wording for a Restriction Agreement which governed the future use of the Bodhi site , including the acceptable level of development (see memorandum M-82-86 , dated August 16 , 1982) . The entire process anticipated further involvement by the District in guiding and assisting with the improvement of the Bodhi property. Discussion: As anticipated, Bodhi formed a new non-profit entity, Jikoji to develop and operate the site in accordance with the District J P P criteria. The Jikoji group has done an excellent job in adhering to not only the letter of the agreement, but also the spirit of the level of cooperation required. The site is now cleaned up and ready for the implementation of the retreat facility plans. During the use permit d process, the County of Santa Cruz required that the development e nsit y of all the former lands of Bodhi (approximately 35 acres , of which 22 acres were considered developable by the County) be dedicated to the Jikoji facility. The use of these density rights by Jikoji is consistent with the original agreements and recorded restrictions , as it would implement the exact project contemplated by the parties. The original transaction involved a payment by the District of $75, 000 plus the transfer of the lake to Bodhi. The District was able to eliminate the potential liability problem of the lake while requiring strict use guidelines with a reversionary right. Additionally, Bodhi assisted with the purchase of the adjacent Mazenko property by trading other lands that Bodhi owned on a pass-through transaction. The net result was a very favorable outcome for the District, which easily compensates the District for the belated release of these development density rights. Recommendation: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Officer to Execute a Deed Conveying Development f Density Rights to Jikoji and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Trans- action (Long Ridge Open Space Preserve) i i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING OFFICER TO EXECUTE A DEED CONVEYING DEVELOPMENT DENSITY RIGHTS TO JIKOJI AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve that certain Deed conveying certain development density rights to Jikoji , a California non-profit corporation, which is attached hereto and made a part hereof by this reference, and authorizes the President or other appropriate officer to execute said Deed on behalf of the District. Section Two. The General Manager of the District shall cause to be given appropriate notice of approval to Jikoji . 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 Three. The General Manager of the District is authorized to expend up to $100 to cover miscellaneous costs related to this transaction, if required. Section Four. The Board of Directors finds that the granting and releasing of these development density rights is consistent with that certain Agreement to Exchange Interests in Real Property dated August 11 , 1984 (Board Resolution 82-34 and 82-37) and is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Long Ridge Open Space Preserve. I "YaY .......•..—. - , - -:' ;-. �� -.: !�7 --:--�: -.. Ito la I's Hall ��� v e" RIDGE SKYLI, I PRESERVE 4 "tog -;PARKING SKYLINE COUNTY PARK few_, RI tl�13 I I KO% K. LVIIU RIDGE 11 PRESERVE + \V �SARATOGA GAP 7 PRESERVE SEMPERVIRENS OSD EAS T)! PORT LA STATE P�RK -0 Site Map IC W, LONG RIDGE OPEN SPACE PRESERVE Scale 1" 2000' North 2� 11111111111111111111 LANDS ACQU t RED FROM BODH I (35 AC.) LANDS OF J I KOJ I (13.5 ACC u i � A SKYLINE BLVD. _ r \ r _ \ _ � O � a• � LJ I _ s �n I _ _ IV _ o — _ l— L_ _ Site 14ap Scale 1 " = 250 ' North r■nrrrr����r�� nr rrrrr�t■r■rrnrrrrrrrrrriirrr■�■iin■■■■rr��r■r���-�1_E,�_��,�_��_�.,�.- r]-?���9�rJT�' WHEN RECORDED MAIL TO: JIKOJI , A Non-Profit Corporation 12100 Skyline Boulevard Los Gatos, CA 95030 GRANT OF DENSITY RIGHTS WHEREAS , the Midpeninsula Regional Open Space District, a public district (hereinafter District) entered into that cer- tain "Agreement to Exchange Interests in Real Property" dated August 11, 1982 (hereinafter Agreement) with Bodhi , a California non-profit corporation (hereinafter Bodhi) , and WHEREAS, in accordance said Agreement, Bodhi perfected title with restrictions to the real property described in Exhibit "A" as attached and incorporated herein by this refer- ence (hereinafter Subject Property) , and WHEREAS , Bodhi subsequently transferred all its right, title and interest in and to the Subject Property to Jikoji , a California non-profit corporation (hereinafter Jikoji) by deed dated October 22, 1982 , and WHEREAS , on August 8 , 1984 , Jikoji obtained Development Permit Number 79-1111-PD from the County of Santa Cruz to operate a conference and retreat center on the Subject Property in accord- ance with the Agreement, and WHEREAS , said Development Permit requires that District transfer development density rights to a minimum of twenty-two acres of developable land of the property acquired under the Agreement from Bodhi as described in Exhibit "B" as attached hereto and incorporated herein by this reference, and WHEREAS, the development density rights transfer is con- sistent with said Agreement; and District finds that such transfer is in accordance with the Basic Policy of the District and is not detrimental to the open space character of the Long Ridge Open Space Preserve. NOW THEREFORE, for valuable consideration which is hereby acknowledged, the Midpeninsula Regional Open Space District, a public district, does hereby transfer and convey to Jikoji, a California non-profit corporation, development density rights to twenty-two developable acres as the same exist within the approxi- mately thirty-five acres of land as described in Exhibit "B" herein. Said development density rights are and shall be appur- tenant to the Lands of Jikoji as described in Exhibit "A" herein, pursuant to Santa Cruz County Development Permit Number 79-1111-PD, dated August 8 , 1984. Excepting and reserving onto District, the unilateral right to substitute other of its lands within Santa Cruz County, subject to County approval , for the development density rights granted herein, in the event District, or its successors or assigns, desires to develop the lands described in said Exhibit "B" wherein an application for development to the County of Santa Cruz may be required. JIKOJI, a California MIDPENINSULA REGIONAL OPEN Non-Profit Corporation: SPACE DISTRICT, a Public District: By: By: President, Board of Directors By: Date: ATTEST: By: District Clerk Date: EXHIBIT "A" Description SITUATE in the County of Santa Cruz, State of California, and described as follows: PARCEL 1 Being a portion of the Southwest 1/4 of Section 36, Township 7 South, Range 3 West, Mount Diablo Base and Meridian, said portion being described as follows: COMMENCING at a concrete monument with a bronze disc marked "T. 7 S. , 35/36, 2/1 T. 8 S. County of Santa Cruz, County Surveyor", said monument denotes the Southwest corner of said Section 36; thence along the west line of said Section North 0' 24' 44" East 724.94 feet; thence leaving last said line North 550 55' 00" East 291.23 feet to a 3/4" iron pipe monument tagged "LS 4840" and being the True Point of Beginning of the herein described parcel; thence from said true point of beginning, South 50 25' 57" East 249.24 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence South 39* 32' 46" East 111.59 feet to a 3/4" iron pipe monument tagged "LS 4840" marking a point on the northerly line of a 60 foot wide easement described in the Deed from Long Ridge Ranch, a Corporation to Pacific Education Foundation, a California Corporation recorded December 31, 1964 in Book 1667 of Official Records at Page 128, Records of Santa Cruz County, California; thence easterly along last said line, along the arc of a curve to the right tangent to a line bearing North 760 13, 08" East having a radius of 150.00 feet, a central angle of 33' 41' 56", an arc length of 88.22 feet; thence South 700 041 56" East 218.00 feet to a point at the beginning of a tangent curve to the left; thence easterly along the arc of last said curve, having a radius of 110.00 feet; a central angle of 30' 15' 00", an arc length of 58.08 feet; thence North 790 40' 04" East 13.00 feet to a point at the beginning of a tangent curve to the right; thence southeasterly along last said curve, having a radius of 130.00 feet, a central angle of 83' 18' 00", an arc length of 189.00 feet; thence South 170 01' 56" East 45.00 feet to a point at the beginning of a tangent curve to the left; thence southeasterly along last said curve, having a radius of 30.00 feet, a central angle of 590 38' 00", an arc length of 31.22 feet; thence South 76* 39' 56" East 5.00 feet to a point at the beginning of a tangent curve to the right; thence southeasterly along last said curve, having a radius of 170.00 feet, a central angle of 30' 28' 00", an arc length of 90.40 feet; thence South 46" 11' 56" East 75.32 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence continuing along the westerly line of said easement as it now runs northerly North 17' 27' 56" West 297.56 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence leaving the westerly line of said 60 foot wide easement North 17' 35' 49" East 227.99 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence North 10' 09' 47" West 171.98 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence North 62' 03' 03" West 256.28 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence North 53' 03' 26" West 185.91 feet to a point on the northwesterly line of the lands described in the Corpor- ation Grant Deed from Pacific High School, a California Non-Profit Corpor- ation to BODHI, a California Non-Profit Corporation recorded June 15, 1979 in Book 3070 of Official Records at Page 53, Records of Santa Cruz County, California; thence along last said line South 55' 55' 00" West 423.77 feet to the point of beginning. EXHIBIT "A" Page Two PARCEL 2 Being a portion of the Southwest 1/4 of Section 36, Township 7 South, Range 3 West, Mount Diablo Base and Meridian, said portion being described as follows: COMMENCING at a concrete monument with a bronze disc marked "T. 7 S. , 35/36, 2/1, T. 8 S. County of Santa Cruz, County Surveyor"; said monument denotes the Southwest corner of said Section 36; thence along the West line of said Section North 0' 24' 44" East 724.94 feet; thence leaving last said line North 55' 55' 00" East 291.23 feet to a 3/4" iron pipe monument tagged "LS 4840" and being the True Point of Beginning of the herein described parcel; thence from said true point of beginning, North 15' 48' 47" West 615.92 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence North 36' 02' 56" East 127.69 feet to a 3/4' iron pipe monument tagged "LS 4840"; thence South 72' 34' 51" East 216.35 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence South 38' 25' 39" East 221.34 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence South 12' 03' 45" East 176.96 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence South 53* 03' 26" East 78.45 feet to a point on the northwesterly line of the lands described in the Corporation Grant Deed from Pacific High School, a California Non-Profit Corporation to BODHI, a California Non-Profit Corporation recorded June 15, 1979 in Book 3070 of Official Records at Page 53, Records of Santa Cruz County, California; thence along last said line South 55' 55' 00" West 423.77 feet to the point of beginning. EXHIBIT "B" Description SITUATE in the County of Santa Cruz, State of California, and described as follows: Being a portion of the Southwest 1/4 of Section 36, Township 7 South, Range 3 West, and a portion of Section 1, Township 8 South, Range 3 West, Mount Diablo Meridian, said portion being described as follows: BEGINNING at a concrete monument with a bronze disc marked "T. 7 S. , 35/36, 2/1, T. 8 S. County of Santa Cruz, County Surveyor", said monument denotes the Southwest corner of said Section 36; thence along the West line of said Section North 0' 24" 44" East 724.94 feet; thence leaving last said line North 550 551 00" East 817.69 feet to a point on the westerly line of Skyline Boulevard (known as State Highway No. 55) ; thence southerly along last said line, along the arc of a curve to the left tan- gent to a line bearing South 370 07' 41" East having a radius of 450.00 feet, a central angle of 55' 32' 19", an arc length of 436.20 feet; thence North 870 20' 00" East 99.26 feet to a point at the beginning of a tangent curve to the right; thence southeasterly along the arc of last said curve, having a radius of 350.00 feet, a central angle of 29' 04' 42", an arc length of 177.63 feet to a point on the easterly line of the West 1/2 of the Southwest 1/4 of the above mentioned Section 36; thence southerly along last said line South 0' 16' 48" West 979.66 feet to the southeast corner of last said parcel, said point being also a point on the southerly line of said Section 36; thence continuing along the last mentioned course South 0' 16' 48" West 633.78 feet to a point on the southerly line of Township 7 according to Lightfoot survey in 1918 as delineated upon the Record of Survey recorded February 14, 1957 in Book 32, Page 50 of Maps, Santa Cruz County Records; thence along last mentioned line North 64' 14' 10" West 1471.71 feet to the point of beginning. EXCEPTING THEREFROM an undivided 1/2 interest in and to all mineral, oil, petroleum, gas and other hydrocarbon substances and rights into, in, on, under, and about said real property; 1/4 being reserved in the Deed from Marcella Jane Tucker, Guardian of the person and estate of Jessie M. Fatjo, an incompetent person, recorded December 31, 1964 in Volume 1667, Page 117, Official Records of Santa Cruz County and 1/4 being reserved in the Deed from Marcella J. Tucker, also known as Marcella Jane Tucker recorded December 31, 1964 in Volume 1667, Page 122, Official Records of Santa Cruz County. ALSO EXCEPTING THEREFROM any portion that may lie outside of the exterior boundaries of Santa Cruz County. EXHIBIT "B" Page Two ALSO EXCEPTING THEREFROM the following described parcel of land: Being a portion of the Southwest 1/4 of Section 36, Township 7 South. Range 3 West, Mount Diablo Base and Meridian, said portion being described as follows: COMMENCING at a concrete monument with a bronze disc marked "T. 7 S. , 35/36, 2/1 T. 8 S. County of Santa Cruz, County Surveyor", said monument denotes the Southwest corner of said Section 36; thence along the west line of said Section North 0' 24' 44" East 724.94 feet; thence leaving last said line North 550 551 0011 East 291.23 feet to a 3/4" iron pipe monument tagged "LS 4840" and being the True Point of Beginning of the herein described parcel; thence from said true point of beginning, South 5' 25' 57" East 249.24 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence South 39' 32' 46" East 111.59 feet to a 3/4" iron pipe monument tagged "LS 4840" marking a point on the northerly line of a 60 foot wide easement described in the Deed from Long Ridge Ranch, a Corporation to Pacific Education Foundation, a California Corporation recorded December 31, 1964 in Book 1667 of Official Records at Page 128, Records of Santa Cruz County, California, thence easterly along last said line, along the arc of a curve to the right tangent to a line bearing North 760 131 08" East having a radius of 150.00 feet, a central angle of 33* 41' 56", an arc length of 88.22 feet; thence South 700 04' 56" East 218.00 feet to a point at the beginning of a tangent curve to the left; thence easterly along the arc of last said curve, having a radius of 110.00 feet; a central. angle of 300 15' 00", an arc length of 58.08 feet; thence North 79' 40' 04" East 13.00 feet to a point at the beginning of a tangent curve to the right; thence southeasterly along last said curve, having a radius of 130.00 feet, a central angle of 83* 18' 00", an arc length of 189.00 feet; thence South 17' 01' 56" East 45.00 feet to a point at the beginning of a tangent curve to the left; thence southeasterly along last said curve, having a radius of 30.00 feet, a central angle of 59* 38' 00", an arc length of 31.22 feet; thence South 76' 39' 56" East 5.00 feet to a point at the beginning of a tangent curve to the right; thence southeasterly along last said curve, having a radius of 170.00 feet, a central angle of 30' 28' 00", an arc length of 90.40 feet; thence South 46* 11' 56" East 75.32 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence continuing along the westerly line of said easement as it now runs northerly North 17* 27' 56" West 297.56 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence leaving the westerly line of said 60 foot wide easement North 17' 35' 49" East 227.99 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence North 10' 09' 47" West 171.98 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence North 62' 03' 03" West 256.28 feet to a 3/4" iron pipe monument tagged "LS 4840"; thence North 53' 03' 26" West 185.91 feet to a point on the northwesterly line of the lands described in the Corpor- ation Grant Deed from Pacific High School, a California Non-Profit Corpor- ation to BODHI, a California Non-Profit Corporation recorded June 15, 1979 in Book 3070 of Official Records at Page 53, Records of Santa Cruz County, California; thence along last said line South 55' 55' 00" West 423.77 feet to the point of beginning. M-85-72 (Meeting 85-11 , May 8 , 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 2, 1985 TO: Board of Directors FROM: H. Grench, General Manager PREPARED BY: J. Fiddes , Administrative Assistant SUBJECT: Discussion of various Operating Procedures Discussion: During Informational Reports at your April 24 Regular Meeting, Director Wendin requested an item be placed on the May 8 agenda concerning the distribution of written communications address- ed to the Board and the use of District stationery by members of the Board to express personal opinions . President Henshaw requested that the Board also address whether there should be a certain hour after which the Board would not discuss Closed Session items . Director Wendin also quoted Section 1 . 43 from the Rules of Procedure that states in part "Any member of the Board may place such written communication on the agenda for consideration by the Board" . A ques- tion was raised as to whether the Board could, at the same meeting, receive a written communication and then place it on the agenda for action. Section 1 . 43 also addresses the distribution of written communications addressed to the Board of Directors from members of the public. It does not address the distribution of a written communication from an individual member of the Board. Recommendation: I recommend that you discuss , but take no final action, on the various items noted above . Based on your discussion, staff could return at a future meeting with proposed amendments to your Rules of Procedure for your consideration. M-85-78 AA� (Meeting 85-12 May 8 , 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 1 , 1985 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Boland, Operations Supervisor SUBJECT: Appointment of Peace Officer Introduction: At your meeting of January 14 , 1976 , you accepted the recommendation that District rangers be appointed as limited status peace officers as outlined under Section 830.3 (1) of the Penal Code of the State of California (see report R-76-2 , dated January 7 , 1976) . In 1979 , the "limited status" designation which appears in 830 . 3 (1) was deleted, and a new section, 830. 31 (b) , became the new "appointing" section under the California Penal Code. This section was forwarded to you in February of this year when Ranger Ellis Wallace received his appointment (see memorandum M-85-20 , dated February 7 , 1985) . Kerry Carlson, the District's newest Ranger, has completed the necessary courses required under the Penal Code. This course completion and the passage of the attached resolution will qual- ify him as a peace officer. Recommendation: I recommend that you adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer, which will appoint Kerry Carlson as a peace officer pursuant to Section 830 .31 (b) of the Penal Code of the State of California. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows : 1 . The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space Dis- trict pursuant to Section 830 .31 (b) of the Penal Code of the State of California and under Sections 5558 and 5561 of the Public Resources Code of the State of California, to enforce the Regulatory Ordinance for Use of Midpeninsula Regional Open Space District lands and any applicable federal , state and local laws : Kerry Carlson M-85-73 '4%1AA (Meeting 85-11 law 0F May 8 , 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM May 2, 1985 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Scheduling2 Special Meeting o a S f May 1 P g Discussion: As previously discussed (see Memorandum M-85-57 of April 4 , 1985) , you are scheduled to tour District lands with members of the San Mateo County Board of Supervisors on Tuesday, May 21. Recommendation: I recommend that you schedule a Special Meeting at 2 : 00 P.M. on Tuesday, May 21 , 1985 to convene at the CalTrans parking lo t at the 'unction of St i 8 III p g � ate Highway 4 (Woodside Road) and Interstate 280 for the purpose of a field trip to tour Dis- trict land with the San Mateo County Board of Supervisors . I i { s1 V V MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: May 8, 1985 Prog;aM - Subprogram 84-85 84-85 85-86 85-86 Pro 5 ec t G 9 ? 84-85 Projected Actual Proposed Propo. ea Bud et Expenses Expenses Budget Contin. Notes & Cost Basis of Budgeted bunts 451 TRAINING & SEMINARS .. 452 MAINTENANCE & REPAIR,/ - EQUIPMEN'I' 01 Field 02 Office - - - - - - - - - -- - - - - - -- 3 Shop/Yard - - - - - - - - - - -- - - -- - - - - -- 04 Fire - - - - -- - - - - - - - -- - - - -- - -- 05 Radio 99 Miscellaneous - - - - - - - - - -- - - -- - -- - - - !iA am pw M4 aw w" W— i.11 M Vi► i..q — w. w. pr w. wv. ... w► w w ..� wY►w ww � i..,. w . 22400 Skyline Blvd Box 21 La Honda. Calif . 94020 April 29th 1985 Executive Officer Local Agency Formation Comission 70 West Hedding Street, East Wing San Jose, Ca. 95110 Dear Cathy Lasarus, At the MROSD board meeting of April 24th, their annexation, which is agendized for Santa Clara Co. LAFCO' s May 8th meeting, was added to the evenings agenda as an emergency item. This was due to their recieving the attached letter signed by residents and land owners in the area to be annexed. The board voted to ammend the annexation to exclude these parcels. They also voted to continue the matter of annexing until a more favorable time. Has MROSO requested you to take any action regarding this annexation? Can the item be removed from the agenda? Is it going to be on your May 8th agenda, in light of the turn of events? Is it possible for the commission- to go ahead and annex these lands? Will MROSD' s request be honored? Will it be necessary for a represenative to be present for the request to ? necessary for the residents to personally be honored . Is it Y protest at the meeting for their wishes to be respected? Please advise me as to what your proceedure will be. Sincerely, Carol Doose cc: Commissioners Santa Clara LAFCO San Mateo LAFCO Board of Directors MROSD Jim Warren, PCA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: May 3, 1985 EDMUND G. BROWN JR. �"i •` - -✓ �;`r vL RY OF STA T[ 4�ffi=tP''f;`tite gecretar '-"of State SACRAMENTO CERTIFICATE OF FILING I, EDMUND G. BRO117N JR., Secretary of State of the State of California hereby certify: That on the 30th day of it ove.'sber, 1972 in accordance with Section 56452 of the Government Code, there was filed in tl-iis office a Certificate of Completion on behalf of MID-P II!4SU.LA REGIONAL PARK DISTRICT (Satta Ciara County) 0 That said Certificate of Completion was executed by Chaz?es A. Quinn, Chai—man, DJard of Supervisors That said Certificate of Completion referred to FORMATION of �v U District dated November 21, 1972. m A O 4J � < i wo s ^1 IN WITNESS jFHEREOF, I execute w t*,�''' � �` this certificate and affix the Great 0 Seal of the State of California this 4 0 Ln 30th day of November, 1972. EMNIUN-D G. BROWIq JR. ri k u�i c0A Secretary of State C O s '� � � �.:—ter.-c�C�s y'`---•��-=-r✓ r By UDeDuty secretary of state U BOARD OF SUPERVISORS James P. FOX, District Attorney ANNA G. ESHOO TOM NOLAN WILLIAM J. SCHUMACHER K.JACQUELINE SPEIER JOHN M.WARD ROBERT BISHOP CHIEF CRIMINAL DEPUTY F. '�►• COUNTY OF SAN M.,&-,,i E0 cHIEF CIVIL OMAS DEPUTYSEY III COUNTY GOVERNMENT CENTER • REDWOOD CITY CALIFORNIA 94063 (415)363-4666 April 16, 1985 Stanley R. Norton, Esq. Attorney at Law 407 Sherman Avenue Palo Alto, CA 94306 Re: Hassler Health Home Demolition Permit Dear Stan: This is to confirm that the demolition permit which was issued to the Mid-Peninsula Open Space District on December 7, 1983, remains in full force and effect. The County takes the position that the permit period was tolled during the time that the Court Order staying demolition of the Hassler Health Home was in effect. Be advised that the permit is normally in effect for one year from the date of issuance. Please contact me if you have any questions. Very truly yours, JAMES P. FOX, DISTRICT ATTORNEY BY: MICHAEL P. MURPHY, Deputy MPM: jmm cc : Michael D. McCracken, Esq. CLAIMS No. 85-09 Meeting 85-12 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: May 8, 1985 REVISED C L A I M S # Amount Name Description 8249 240.00 A-1 Septic Tank Service, Inc. Septic Tank Maintenance 8250 413.36 A T & T Information Systems Telephone Equipment Rental 8251 160.00 Blanning & Baker Associates, Inc. Subscription 8252 35.79 L. Craig Britton Reimbursement--Meal Conference 8253 900.00 California Advocates, Inc. Legislative Consultant 'Fee for April 18254 13.11 California Native Plant Society Book on Endangered Plants 8255 California Park & Recreation Conference Registration for Society Legislative Conference Herbert Grench 8256 34.35 Clark's Auto Parts, Inc. Parts for District Vehicles 8257 130.47 Alice Cuanings Reimbursement--11ap Overlay and Private Vehicle Expense 8258 277.40 Discount Office Supply Office Supplies . 8259 300.00 John Escobar Reimbursement--Educational Assistance 8260 501.00 Pete Ellis Dodge District Vehicle Repair 8261 117.74 Harbinger Comnmications Computer Charges for March 8262 235.20 Honeywell Protection Services Alarm, Service 263 555.90 The Hub Ranger Uniform Expense 8264 127.12 IBM Corporation Office Supplies 8265 12.50 Jobs Available Subscription 266 260.00 Los Altos Garbage Company Duapster Rental 267 60.85 Mobil Oil Corporation Fuel for District Vehicles 263 94.24 National Mailing Services Fees for Spring Newsletter 269 125.10 Pacific Gas & Electric Utilities 8270 261.18 Pacific Hardware & Steel Co. Field Supplies 8271 1,011.09 Pacific Bell Telephone Service B272 8.56 City of Palo Alto Utilities Utilities B273 800.00 Department of Parks & Recreation Training Class for Lisa Varney B274 17.55 Rancho Hardware Field Supplies 5275 101.10 Recreational Equipment, Inc. Ranger Uniform Expense 3276 101.08 San Francisco Water Department Hassler Water Service '277 45.45 Schuerman Home Service Water Heater Repairs 3278 246.15 Shell Oil Company Fuel and Repairs for District Vehicles 3279 90.95 Transcontinental Sales Co. Ranger Uniform Expense Lvcf — Meeting 85-12 Date: May 8, 1985 REVISED �r Amount Name Description 8280 800.00 U. S. Postmaster Postage for Meter 8281 39.98 Lisa Varney Private Vehicle Expense 8282 94.71 Sandy Voorhees Private Vehicle Expense 8283 468.07 Xerox Corporation March Maintenance Agreement 8284 150.00 ZZZ Sanitation Equipment Rental 8285 42.68 James Boland Film Processing and Field Supplies 8286 9,047.09 State Compensation Insurance Fund Quarterly Premium 8287 99,000.00'' Sordrager Trucking Company Site Restoration--Hassler Health Hom 8288 109.28 Petty Cash Meal Conferences, Office Supplies, and Xeroxing Supplies *Issued as an emergency check on May 6, 1985 CLAIMS No. 85-09 Meeting 85-12 MIDPENINSULA R1GI0NAL OPEN SPACE DISTRICT Date: May 8, 1985 C L A I M S # Amount Name Description 8249 240.00 A-1 Septic Tank Service, Inc. Septic Tank Maintenance 8250 413.36 A T & T Information Systems Telephone Equipment Rental 8251 160.00 Blanning & Baker Associates, Inc. Subscription 8252 35.79 L. Craig Britton Reimbursement—Meal Conference 8253 900.00 California Advocates, Inc. Legislative Consultant Fee for April �8254 13.11 California Native Plant Society Book on Endangered Plants l�8255 100.00 California Park & Recreation Conference Registration for Society Legislative Conference Nonette Hanko and Herbert Grench 8256 34.35 Clark's Auto Parts, Inc. Parts for District Vehicles ,8257 130.47 Alice Cummings Reimbursement—lia-p Overlay and Private Vehicle Expense 258 277.40 Discount Office Supply Office Supplies - b259 300.00 John Escobar Reimbursement—Educational Assistance 8260 501.00 Pete Ellis Dodge District Vehicle Repair B261 117.74 Harbinger Communications Computer Charges for March �262 235.20 Honeywell Protection Services Alarm Service 263 555.90 The Hub Ranger Uniform Expense 264 127.12 IBM Corporation Office Supplies ! 265 12.50 Jobs Available Subscription 5266 260.00 Los Altos Garbage Company DLmpster Rental 3267 60.85 Mobil Oil Corporation Fuel for District Vehicles �268 94.24 National Mailing Services Fees for Spring Newsletter M9 125.10 Pacific Gas & Electric Utilities 5270 261.18 Pacific Hardware & Steel Co. Field Supplies Q71 1,011.09 Pacific Bell Telephone Service 3272 8.56 City of Palo Alto Utilities Utilities �273 800.00 Department of Parks & Recreation Training Class for Lisa Varney 1274 17.55 Rancho Hardware Field Supplies 1275 101.10 Recreational Equipment, Inc. Ranger Uniform Expense 1276 101.08 San Francisco Water Department Hassler Water Service 1277 45.45 Schuern-an Home Service Water Heater Repairs �W8 246.15 Shell Oil Company Fuel and Repairs for District Vehicles 1279 90.95 Transcontinental Sales Co. Ranger Uniform Expense Meeting —12 Date: 1985 Ariount Name btb s cr 8280 800.00 U. S. Postmaster Postage for Ivhter 8281 39.98 Lisa Varney Private Vehicle Exi >e 8282 94.71 Sandy Voorhees Private Vehicle Expe 8283 468.07 Xerox Corporation March Maintenance Agro(,, e 8284 150.00 ZZZ Sanitation EquipgTrent Rental 8285 42.68 James Boland Film Processing and Fier' 8286 90047.09 State Compensation Insurance Rmd Quarterly Premium