HomeMy Public PortalAbout19850814 - Agenda Packet - Board of Directors (BOD) - 85-21 Meeting 85-21
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
A G E N D A
Wednesday 375 Distel Circle, D-1
August 14 , 1985 Los Altos, California
* (7 : 00) CLOSED SESSION (Litigation Matters)
(8: 00) ROLL CALL
APPROVAL OF MINUTES (July 10 and 24 , 1985)
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
NEW BUSINESS WITH ACTION REQUESTED
(8: 15) 1. Proposed Class Property Acquisition to Rancho San Antonio
Open Space Preserve -- C. Britton
Resolution Authorizing Acceptance of Purchase Agreement,
Authorizing Officer to Execute Certificate of Acceptance
of Grant to District, and Authorizing General Manager to
Execute Any and All Other Documents Necessary to Closing
of the Transaction (Rancho San Antonio Open Space Preserve -
C1oss Property)
SPECIAL ORDERS OF THE DAY
(8: 25) 2. Award for District 's Docent Program -- H. Grench
OLD BUSINESS WITH ACTION REQUESTED
(8: 30) 3. Tentative Policy Decisions Regarding Use of Eminent Domain,
Implementation of Brown Act Amendments , Acquisition of Land
Outside District Boundaries and Annexation -- T. Henshaw
(9: 30) 4. Final Adoption of the Revised Use and Management Plan for
Thornewood Open Space Preserve -- D. Woods
(9: 35) 5. Final Adoption of the Use and Management Plan for Purisima
Creek Redwoods Open Space Preserve -- D. Woods
(9: 40) 6. Report on Legal Status of Long Ridge Road -- S. Norton
(9: 50) 7 . Proposed Amendments to Long Ridge Open Space Preserve Use
and Management Plan - Trail Alignment and Signing -- D. Woods
* (Public portion of meeting expected to begin at 8 :00 P.M.)
Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 85-21
NEW BUSINESS WITH ACTION REQUESTED
(10: 00) 8. Roberti-Z 'berg Urban Open Space and Recreational Program
Grant for Fiscal Year 1985-1986 -- C. Britton
Resolution Approving the Application for Grant Funds Under
the Roberti-Zlberg Urban Open Space and Recreation Program
(Additions to Coal Creek Open Space Preserve and La Honda
Creek Open Space Preserve Acquisition Project)
(10: 15) 9. Revised Legislative Program for 1985-1986 -- H. Grench
(10: 25) 10. Program Evaluation for 1984-1985 Fiscal Year -- H. Grench
NEW BUSINESS WITH NO ACTION REQUESTED
(10: 55) 11. Confirmation of Scheduling of Special Meeting for
August 15 -- H. Grench
(11: 00) INFORMATIONAL REPORTS
CLAIMS
CLOSED SESSION (Land Negotiation and 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. Conciseness is appreciated. We
request that you complete the forms provided so that
your name and address can be accurateZy incZuded in the
minutes.
Meeting 85-17
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965.4717
REGULAR MEETING
BOARD OF DIRECTORS
JULY 10 , 1985
MINUTES
I . SPECIAL ORDER OF THE DAY
President Teena Henshaw called the meeting to order at 7 :30 P.M. The
Pledge of Allegiance to the Flag was led by Girl Scouts Shannon Mit-
chell , Nicole Smith, Julie Engle, and Kimberly Brown, members of Palo
Alto Troop #2 .
II . ROLL CALL
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, and
Edward Shelley.
Members Absent: Nanette Hanko, Harry Turner, and Richard Bishop.
Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean
Fiddes , James Boland, Del Woods , Michael Foster, and Doris Smith.
D. Hansen, at the request of President Henshaw, gave a brief report on
the current fire situation. He noted District Rangers assisted in sup-
pressing the Los Altos Hills fire, the fire at Sanborn County Park, and
have been standing by to assist with the Lexington Reservoir fire. He
said that approximately 300 acres of District land had burned in the
Lexington Reservoir fire in the Mount Thayer and Mt. Umunhum areas.
Because of the severe fire danger, D. Hansen said all District Preserves
had been closed to the public on Tuesday morning and would be reopened
possibly Thursday morning . He noted that on July 3 , seventeen fires
were deliberately set along Skyline Boulevard and in Stevens Canyon.
III . APPROVAL OF MINUTES
A) June 12 , 1985
Motion: D. Wendin moved to continue approval of the minutes of
June 12 , 1985 to the next meeting of the Board so that R.
Bishop could be present to confirm the accuracy of his
statement on Page 4 , Paragraph 4 . E. Shelley seconded the
motion. The motion passed 4 to 0 .
B) June 26 , 1985
D. Wendin stated that the motion to approve the minutes
of May 22 , 1985 passed 5 to 0 , not 6 to 0 .
K. Duffy said that Page 3 , Paragraph 4 should read "K.
Duffy said that whether or not to use eminent domain on
the subdivision would be a matter of judgement. "
D. Wendin said the proposition on Page 6 should be correc-
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
Meeting 85-17 Page Two
ted to state : "Would the District forego the power of
eminent domain until a subdivision application is filed
for a major subdivision?"
Motion: E. Shelley moved the adoption of the minutes of July 26,
1985 as amended. D. Wendin seconded the motion. The
motion passed 4 to 0 .
IV. ADOPTION OF' AGENDA
The Board concurred with T. Henshaw' s recommendation that the order of
the agenda be changed so that items two through four of Old Business
with Action Requested be considered before Written and Oral Communica-
tions since these items had been continued from the June 26 meeting.
H. Grench noted that the Brooks agenda item included the adoption of a
resolution. The amended agenda was adopted by Board consensus.
V. OLD BUSINESS WITH ACTION REQUESTED
1 . Brooks Trail Addition to Fremont Older Open Space Preserve (Report
R-85-33 dated June 20 , 1985) - C. Britton reviewed the staff report
and the terms of the proposed agreement with Silver Dove Associates.
D. Wendin asked for clarification of Item 4 concerning the trail
easement being open immediately to the public and not waiting until
Santa Clara County agrees to a future trail connection over County
property. C . Britton stated that the easement could be utilized as
a public trail , but that staff was recommending the District not
share in the maintenance of the trail at this time. He noted the
trail would deadend until it is connected to the County Park. Dis-
cussion centered on whether or not the trail should be a stub trail
or closed to the public until the County agrees to a trail connection,
Motion: D. Wendin moved the adoption of Resolution 85-34 , a Resol-
ution of the Board of Directors of the Midpeninsula Regional
Open Space District, Authorizing Acceptance of Agreement,
Authorizing Officer to Execute Certificate of Acceptance of
Grant to District, and Authorizing General Manager to Exe-
cute Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Fremont Older Open Space Pre-
serve - Lands of Silver Dove Associates) . K. Duffy seconded
the motion. The motion passed 4 to 0 .
Motion: D. Wendin moved that the real property interests be named
as an addition to the Fremont Older Open Space Preserve and
that these interests be dedicated. T. Henshaw seconded the
motion. The motion passed 4 to 0 .
Staff was directed by Director Wendin to return with an informational
report or agenda item addressing the issue of public access, or lack
thereof, to the trail easement across the rear of the Silver Dove
Associates property.
2 . Consideration of Letter from City of Palo Alto Encouraging Opposition
to AB 2198 (Memorandum M-85-101 , of June 20 , 1985 , and M-85-105 , of
July 2 , 1985) - H. Grench reviewed the current status of Assembly
Bill 2198 , noting the bill had been put on inactive file status by
the author. lie stated that if the Board agrees to the recommendation
as proposed, it would be given a "C" priority which would mean that
the District' s lobbyist would be informed and letters would be
Meeting 85-17 Page Three
written, at appropriate times , to the relevant Assembly committees
and District representatives . It was noted that in memorandum
M-85-101 the introductory paragraph incorrectly used the word
"approve" rather than "oppose" .
Motion: D. Wendin moved that the Board direct the General Manager
to prepare a draft letter in opposition to AB 2198 for the
President to be sent by staff to the District's representa-
tives and the appropriate committees and designating a "C"
priority. E. Shelley seconded the motion. The motion
passed 4 to 0 .
3 . Fremont Older Open Space Preserve - Termination of Communication
Lease (Memorandum M-85-102 , dated June 20, 1985) - C. Britton re-
viewed staff ' s memorandum and noted that demolition of the building
on the site would cost approximately $1000; since this project's
cost was not included in the current budget, the building ' s demoli-
tion would not occur during the 1985-1986 fiscal year.
Motion: E. Shelley moved to authorize the President of the Board
to sign the Termination of Lease agreement on behalf of
the District. K. Duffy seconded the motion. The motion
passed 4 to 0 .
VI . WRITTEN COMMUNICATIONS
D. Smith stated that the Board had received the following written commun- I
ications:
1) letters regarding development of Russian Ridge from: Jeff Bergman,
of Woodside; Sandy Hope and Jeff Scott, of Woodside; Muriel J. King,
of San Jose; Alan Sweger, of Sunnyvale; and Susan Bryan, of Palo
Alto;
2) letters pertaining to land acquisition policies and eminent domain
from: Thomas Godien, of Redwood City; Robert A. Piety, of Los Gatos;
David C. Bomberger, of Belmont; George Norton, of Palo Alto; and
Janet Schwind, President, South Skyline Association;
3) letter from Walter S. Ferenz , Half Moon Bay, regarding Purisima
Creek Redwoods Open Space Preserve Use and Management Plan;
4) letter from Jim McCann, of the Loma Prieta Chapter of Sierra Club,
commending the District on its accomplishments:
5) letter from Donald W. McMurchie, Administrator of California Special
Districts Association, inviting the District to become a member of
Program CSDA;
6) letter from Dick Bullis, La Honda, regarding Quinta Ranch; and
7) a letter, submitted to the Board at its June 26 meeting by Portola
Park Heights Property Owners Association regarding use of the
Portola Heights access road.
T. Henshaw stated that the Board would be considering the letter from
the Portola Park Heights Property Owners Association under Item 7 of
the agenda.
VII . ORAL COMMUNICATIONS
Beez Jones, 16891 Stevens Canyon Road, Cupertino, questioned the sub-
scription rates quoted in the last issue of Openspace. J. Fiddes said
Meeting 85-17 Page Four
rates printed were incorrect and new minute and agenda subscribers have
been advised of the correct rates .
Jim Warren, 345 Swett Road, Woodside, asked the Board to consider clos-
ing the less accessible Preserves until the fire season is over. He
requested that the major Skyline Area community associations be placed
on the mailing list, without charge, for Board packet materials , noting
this would be an appropriate good neighbor action. T. Henshaw said this
request would be considered under the "Good Neighbor" program item which
the Board would consider at a future date . R. Fisse expressed support for
Mr. Warren' s second request, and B. Jones suggested the full packet also
be mailed to the Santa Clara and San Mateo Board of Supervisors.
D. Hansen responded to Mr. Warren 's request to closing of the Preserves
during the fire season noting that most of the Preserve users are very
responsible and become additional eyes and ears for the District.
VIII. OLD BUSINESS WITH ACTION REQUESTED (continued)
Interim Solution of Long Ridge Road Use Conflicts (Report R-85-37 , dated '
July 5 , 1985) - D. Hansen reviewed the report which included an interim
solution and a proposed timetable to resolve issues associated with the
road. T. Henshaw said she agrees with the long term solution as stated
in the report, but expressed her concerns regarding the use of cautionary
signing. D. Hansen stated staff was proposing to place cautionary signs
at the beginning of the road and at crucial points along the road.
Several Portola Heights residents, including Bill Sorich, Candace Stone,
and Charles Touchatt, expressed their views pertaining to proposed solu-
tions presented in the staff report. B. Sorich discussed alternate
trail routes . C. Stone said that if the Board made a decision to rea-
lign the trail , the map notation should state "Trail Under Construction, ",
omitting the word "realignment" as noted on the map. She stated that a
legal question had been raised concerning a private road being turned
into a public road, and she said the trail should be closed until the
legal question had been addressed. She said she would like to see signs
posted saying the trail is closed to the public, and also that the per-
manent signs be established by the July 24 Board meeting. She asked the
Board to establish a deadline of December 31 , 1985 for relocating trails
to resolve the road problems .
C. Touchatt stated that liability insurance for area residents increased
significantly and he believes that the public use of the road as a trail
had had some effect on the insurance rates. He asked that the District
reconsider its policy not to allow area residents to put their own lock
on the Jikoji gate.
D. Hansen gave background information on rights over the road and said
that two years ago when the subject of road rights was considered it
was established that there were no legal easements .
William Obermayer said he felt it was illegal for the District to turn
the road into a public trail and requested a response to the letter the
Portola Park Heights Property Owners Association had sent several mcnths
ago regarding the District ' s insurance coverage.
Motion: D. Wendin moved that the proposed interim solution and
tim.c!L-ablu to t1he Long Ridge Roafl prc)_II)Iem as containc(i
the report be approved with the change that the wording
for the cautionary sign be on the agenda for the July 24
meeting , that the cautionary sign date be changed to Au-
Meeting 85-17 Page Five
gust 3 , and that the wording for the map be changed to
"trail to be realigned" . E. Shelley seconded the motion.
D. Wendin added to the motion, with the approval. of the
second, that since this is an emergency item the Board
waive the necessity for a second reading . The motion
passed 4 to 0 .
IX. OLD BUSINESS WITH NO ACTION REQUESTED
Further Report of Committee to Study District Policies Regarding Use of
Eminent Domain, Procedures Pursuant to Brown Act Amendments , Acquisi-
tion of Lands Outside District Boundaries , and Annexation (memorandum
m-85-108 , dated July 3 . 1985) - D . Wendin , on behalf of the Eminent
Domain Policy Committee, reviewed the two proposed versions for the
eminent domain and Brown Act implementation policies . He said the com-
mittee had attempted to deal with the word "central" in the preamble
and had changed it to "necessary" and for consistency purposes the
Committee had used the word "property" rather than "parcels" . He said
the Committee had not had time to come to grips with the Brown Act, but
had worked on rewording to clarify the issues .
T. Henshaw stated that it was the consensus of the Board not to take
final action on any of the proposed policies until all seven members of
the Board are present.
D. Wendin reviewed the draft proposals for Land Acquisition Policies and
noted that Version 1 was intended to be the more conservative of the
two, noting it is only liberal in the sense that it includes a trigger
mechanism before eminent domain can be used and allows acquisition of
trails by eminent domain only if the property would otherwise be sub-
ject to eminent domain. He said that the key policy statement in Ver-
sion 1 is stated on Page 1 , paragraph 4 : "Eminent domain shall not be
used to acquire all or any part of an improved property that is not sus-
ceptible to further subdivision. "
In presenting Version 2 of Land Acquisition Policies, D. Wendin said the
attempt was to build in the concept of the long-term owned parcel and
the lots split. The only difference between version 1 and 2 is the con-
cept of the exemption of lots split and single lots that have been held
for a period of time and not for speculation. He noted that the Commit-
tee reached the conclusion that Board members were reluctant to give up
the power of eminent domain regarding property held for speculation;
but, the Committee recognized that the Board might want to maintain the
standard of a holding period on lots split.
K. Duffy suggested that thought be given to situations where the Dis-
trict could be involved in negotiations or discussions with a property
owner and subsequently applied for a grant only to have the owner change
his mind.
Several members of the audience, including Charles Touchatt, of Redwood
City, William Obermayer of La Honda , Gordon Jennings of Woodside, and
Cherry Langrock, of Woodside, addressed the Board. Referring to Ver-
sion 1, C. Touchatt asked for clarification of the phrase "not suscep-
tible to further subdivision. " D. Wendin replied that the trigger
mechanism would be applied only if an application were filed for sub-
division. Mr. Jennings asked about family compounds where illegal sub-
divisions could be made by quit claim deed. Mrs. Langrock asked if a
parcel of property large enough to be divided between children as an
inheritance could be a trigger for the use of eminent domain. D. Wen-
Meeting 85-17 Page Six
din stated that it would. Robert Fisse questioned whether land with a
campground or a motorcycle parked on it would be considered unimproved.
Several members of the audience requested that terminology, including
area, District lands , and preserves , be clarified.
D. Wendin noted that no substantial changes were made to the proposed
Brown Act policies , but that terms were defined and language made more
consistent. He said that one discussion by the Committee pertained to
how to present an option of total withdrawal from the list. He said
the Committee had discussed two options : 1) withdraw the list; 2) have
the list but decide what the list is to be. He added that the language
was made more precise in paragraphs 2 , 3 and 4 of the proposed imple-
mentation policies for the Brown Act.
T. Henshaw proposed that the Board discuss its reaction to the remaining
three proposed policies at the next Regular Meeting and the Board mem-
bers concurred with her proposal .
X. NEW BUSINESS WITH ACTION REQUESTED
1 . Thornewood Open Space Preserve Use and Management Plan Review
(Report R-85-36 , dated July 5, 1985) - D. Hansen introduced the re-
port, noting that Thornewood is an unemphasized site and, as such,
is presented on a semi-annual basis. D. Woods showed slides of the
Preserve, some of which showed the extensive work which has been
done on the exterior of the house. He noted that the interior re-
storation work has been substantially completed. Tom Gano, the
leaseholder of the Thornewood house, gave a review of the restora-
tion work he is doing on the buildings . He noted that it was neces-
sary to move to Category 2 building projects before completing all
the Category 1 projects in order to replace the foundation on a
collapsing building. He said that the parking lot is a major con-
cern to him and proposed the creation of another entrance to the
property 30-50 feet east of the existing gate. He said this alter-
nate gate would preserve the integrity of the present gate and pro-
vide security to the lease area. Mr. Gano proposed permits be
issued for the use of the parking area to control the small parking
area available. He said they would also like to review the text of
any signs to be used and the placement of those signs on the lease-
hold area. D. Woods advised that a permit system had been proposed
in the Use and Management Plan under consideration at this meeting.
Following Board discussion on the merits of T. Gano's proposals, D.
Hansen said staff would like to evaluate the suggestions in order to
bring back proposals for the second reading.
Staff was directed to return the Use and Management Plan for its
second reading once the Grandview and Espinosa Road maintenance
agreement was completed, unless there were extensive delays in
completing the agreement.
Motion: D. Wendin moved the tentative adoption of the Revised Use
and Management Plan recommendations as contained in the
report. E. Shelley seconded the motion. The motion was
passed 4 to 0.
2 . Request to Aid Funding of Radar Gun for Skyline Boulevard Traffic
Control (Memorandum M-85-109 , dated July 5 , 1985) - D. Hansen re-
viewed the memorandum, noting the District was concerned about the
Meeting 85-17
Page Seven
safety of visitors to the area. fie said Nat Sherrill was the South
Skyline representative on the matter.
Motion: K. Duffy moved that the District contribute a maximum of
$1000 to acquire a radar gun for the California Highway
Patrol, in conjunction with other Skyline Boulevard groups
and individuals to aid in bettering public safety along
the Skyline Boulevard corridor provided the South Skyline
Association requests contributions from Santa Clara and
San Mateo Counties, the Kings Mountain Association, and
other Skyline Boulevard groups. The motion was seconded
by D. Wendin. The motion passed 4 to 0 .
3. Schedule of Special Meeting for July .15 (Memorandum M-85-107,
dated-July 2 , 1985) - H. Grench noted that two land acquisition items
are forthcoming and one is ready for Board action w
five votes of the Board to approve the agreement. which will require I
Motion: E. 'Shelley moved to set a Special Meeting of the Board for
Monday, July 15 to consider potential land acquisition, with,
closed session to follow. D. Wendin seconded the motion.
The motion passed 4 to 0 .
XI . INFORMATIONAL REPORTS
H. Grench said he has been working with Paul Scannell of San Mateo County
to set up a meeting with the Board of Supervisors of San Mateo County
and Board members . At this time it would appear that the meeting would
occur at the District office sometime in September.
D. Hansen announced that during the time the Board had been in session ,
two fires had been set in Stevens Canyon and had been extinguished by
the Stevens Creek Volunteer Fire Department as by District ran-
gers .
XII . CLAIMS
Motion: D. Wendin moved that the Board approve the Revised Claims 85-13
of July 10 , 1985 . E. Shelley seconded the motion. The motion
passed 4 to 0 .
XIII. CLOSSD SESSION
H. Grench stated that no litigation matters would be discussed during
the Closed Session. The Board adjourned to Closed Session at 10 : 42 P.M.
T. Henshaw reconvened the meeting briefly to appoint K. Duffy Secretary
Pro-Tempore. The meeting was adjourned at Closed Session at 10: 43 P.M.
XIV. ADJOURNMENT
The Board reconvened to adjourn at 12 : 30 A.M. , Thursday, July 11 , 1985.
Doris Smith
Secretary
MUMS N10. 85-13
M1 D111 EN INSLI- Meeting 85-17
Date: July 10, 198"
01"I"N SPACE: I)IS Cq,
REVISE D
C L A
Namc-,
Description
8475 444.31 A T & T Information Systems Telephone Equipment Rental
8476 12- 50 Mona C. Bechard
Reimbursement--Professional Membe rshir,8477 369.90 James Boland
Reimbursement--Special Park District
Forum
8478 7,325.00 Louis Bordi Road Repair, Site Maintenance, and
Consultation Service
8479 250.64 California Water Service Company Water Service--Rancho San Antonio
8480 213.00 Communications Research Company Communications Equipment Maintenance
8481 8.47 Pete Ellis Dodge
District Vehicle Service
8482 4,760.00 Fairview Construction, Inc. Grading and Road Repair
8483 125.00 First American Title Ins. Co. Title Services
8484 22.00 Federal Express
Special Delivery Services
8485 160.56 Foster Brothers Security SYstems,Inc. Key Duplication
8486 2,484.54 General, Electric Company Portable Radios and Accessories
8487 5.00 Graphicstat, Inc. Artwork Enlargement
8488 48.33 Herbert Grench
Reimbursement--Meal Conferences
8489 100-00 Hodnick Design •
849.0 105.77 The Hub Schneider's Consulting Services
8491 5,403.25 Keller and Daseking, Architects Ranger Uniform Expense
Hassler Site Renovation
� 8492 255.23 Kelly Services, Inc. Temporary office Help
8493 2,424. 75 M and M Builders Supply, Inc. Field Supplies
I18494 151 .76 McCauley Tool & Supply
Field Supplies
8495 24.00 Munday & Collins, Inc.
Overhead Projector Rental
8496 141.11 National Mailing Services Open space Distribution
18497 51.39
1 Joyce Nicholas Private Vehicle Expense
18498 30. 11 Noble Ford Tractor, Inc .
Tractor. Repairs
8499 675.46 Pacific Bell
Utilities
18500 20.40 Pacific Gas & Electric Company Utilities
� 8501 2,271.00
i Dennis Plank Construction
� Deck & Carport Cons truction-13130 Skyli
8502 6,476.80 Plant Insulation Company
Hassler Asbestos Removal
I8503 20.24 Precision Engravers, Inc. Ranger Nameplates
Ii8505 101.08 San Francisco Water Department Water Service for Hassler
8506 1.301 .54 'Shell oil Company
Fuel for District Vehicles
8507 23.10 Doris Smith
Private Vehicle Expense
18508 1,269.62 2M Associates
Skyline Ridge Master Plan
CLAIMS No. 85-' 13-
Meef ing 85-17
Narne Date:.July 10, 1985
1DescrXPtx0rt
8509 282.92 Uno Graphics
Fremont Older, Picchetti and
8510 59.86 Sandy Voorhees Saratoga Cap Brochures
8511 45.40 Private Vehicle Expense
Warren, Gorham & Lamont , Inc. Subscription Renewal
8512 71.47 West Coast Shoe Company Ranger Uniform Expense
8513 71.24 Western Fire Equipment
Field Supplies
8514 391 .20 Xerox Corporation
May Maintenance/Service Agreement
8515 6,657.90 Brauer Grading
Grading and Road Repair
8516 20.00 John Escobar Reimbursement--Fuel
8517 110.00 Owner Builder Workshop Fees - R. McKibbin
8518 853.11 Peninsula Oil Company Fuel for District Vehicles
A .UU --n-tPlabatia
All-
.-:Glzra-County-
8520 50.00 South Peninsula Veterinary Emergency Services for Bobcat
Emergency Clinic
8521 1,000.00 Sempervirens Fund
Contract Services with T.I.V.C.
8522 1,200.00 A Tool Shed Equipment Rental
8523 2,755.25 Case Power & Equipment Equipment Rental
8524 32.08 Jean Fiddes
8525 500.00 Foss and Associates Private vehicle Expense
Personnel Consulting Fee--June
8526 685.00 Real Estate Register Microfisch
8527 47.56 Lea Brown Private Vehicle Expense
8528 47,597.87 Sorgdraoer Trucking Hassler Site Renovation
8529 52.94 Petty cash
Private Vehicle Expense' , Heal Confereni
and Film processing
Meeting 85-19
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OF DIRECTORS
JULY 24 , 1985
MINUTES
I . ROLL CALL
President Teena Henshaw called the meeting to order at 7:39 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, and
Edward Shelley. Richard Bishop arrived at 7 : 42 P.M.
Members Absent: Nonette Hanko and Harry Turner.
Personnel Present: Herbert Grench, Craig Britton , David Hansen,
-
j-eanFiddes , James Boland, Del Woods , Mary Gundert, and Cecilia Cyrier.
II . APPROVAL OF MINUTES (July 15 , 1985)
Motion: K. Duffy moved that the Board approve the minutes of July 15,
1985. E. Shelley seconded the motion. The minutes were
approved 4 to 0.
III . WRITTEN COMMUNICATIONS
C. Cyrier stated the Board had received the following communications:
1. Letters from Omar A. Serang of Cupertino , John and Joyce Todd of
Palo Alto, and Sherry Kritzer of Woodside regarding the proposed
development on land adjacent to Russian Ridge Open Space Preserve;
2. a letter from William Holz of Half Moon Bay asked that con-
sideration be given to allow dogs on leash on the Purisima Creek
Redwoods Open Space Preserve; and
3. a letter from Candace Stone , William Obermayer and Jamis MacNiven
representing the Portola Park Heights Property Owner's Association
addressing the question of signing by the District on their access
road to Skyline Boulevard , their concerns about the road, and
presenting a four-point proposal for the Board to consider before
making any long-term decisions on the road.
T. Henshaw referred the letter from William Holz to the Dog Committee
and stated the letter from the Portola Park Heights Property Owner' s
Association would be addressed during Item Two on the Agenda - Wording
Approval for Cautionary Signing for Long Ridge Open Space Preserve.
IV. ADOPTION OF AGENDA
H. Grench requested the addition on the agenda of a Special Order of
the Day. T. Henshaw stated the agenda was adopted by Board consensus
with the addition of a Special Order of the Day.
R. Bishop was appointed Secretary Pro-Tempore for the meeting.
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy.Nanette G.Hanko.Tepria Hpn_%haw RinhardR Rush— rfiwarA r. Qh.ij.. W . T— r%:-1
Meeting 85-19 Page 2
V. ORAL COMMUNICATIONS
Tom Kavanaugh , 1726 Spring Street , Mountain View requested the Board
direct staff to respond to Dorothy Lyddon' s letter to the editor that
appeared in the San Jose Mercury. He stated the salary for the new
General Manager of the East Bay Regional District was $75 ,000 and
relayed statistics about this District.
Nadine Trewin, 91 Secluded Avenue, Redwood City stated her intent
to mount a campaign to assure that the District and also County
officials would allow dogs on leash in all parks, excluding picnic
areas and very delicate areas.
Harry Haeussler, 1094 Highland Circle, Los Altos asked for current
status of the closure of preserves due to fires. D. Hansen stated
that all of the preserves had been open for over a week and would
remain open until further fire danger.
William Obermayer of Portola Park Heights said Ano Nuevo State Park' s
maps clearly outline property boundaries and trails , noting District
maps could be done in a similar manner. He also inquired how the
District ' s lobbyist had saved some of the District ' s funding and
expressed his opposition to the District having a lobbyist.
Jim Warren, 345 Swett Road , Woodside , in reference to the Darling
property acquisition of a week ago, asked why Bob Goldthwaite owner
of the immediately adjacent parcel had not received notification of
the hearing. C. Britton responded that notification to contiguous
property owners follows the close of escrow so they can participate
in final use and management planning if they so wish.
Jim Warren, referring to a letter to C. Britton in which he had
requested copies of certain District correspondence, questioned what
files S. Norton has that belong to the District that do not involve
active litigation. S. Norton responded he was not aware of any.
Tom Kavanaugh said that letters addressed to property owners under
threat of condemnation or given to property owners for IRS purposes
should also be retained in District files .
VI . SPECIAL ORDERS OF THE DAY
H. Grench introduced Cindy Quarton of Peninsula open Space Trust and
she presented a plaque to the District to acknowledge POST 's partici-
pation in partial funding for Monte Bello Open Space Preserve. She
also indicated that POST had recently committed $16 , 600 to assist in
development of Purisima Creek Redwoods Open Space Preserve.
VII . OLD BUSINESS WITH ACTION REQUESTED
A. Further Discussion of Policies i_Regarding _ Procedures Pursuant to
Brown Act Amendments , Acquisition of Land Outside District
Boundaries and Annexation (Memo ranffuffi`MZJT -=_d_a__t_e_ff_`Ju1_Vl 5 , 1985)
Brown Act
D. Wendin stated that his position had not changed and that the
list is necessary to protect the public and effective operation
Meeting 85-19 Page 3
of the District. He said the Board needed to begin with the
current list noting any single family owner of improved property
could request to have their name removed from the list.
E. Shelley said he too favored maintaining the list and that the
value of the list would not be diminished by removing names of
owners of improved property.
R. Bishop said he favored eliminating the list and announcing
at each meeting those properties to be discussed in Closed Session.
He said that the property owner should receive a letter indicating
that such a discussion is to be held, and that he believed the
problem would be eliminated if an effective policy on eminent
domain is adopted. He said he would not make a final decision on
this item until the eminent domain policy was determined.
K. Duffy said that if the list is not available the Board is locked
out of their responsibility as elected public officials. She said
a reasonable list should be retained.
T. Henshaw said she would not make a decision on the Brown Act
implementation until the eminent domain policy is known. She
indicated she favored the retention of a reasonable list.
E. Shelley added that a fairly broad list was needed because as
discussion of one piece of property is occurring, the Board
invariably questions its value and/or relationship to other
properties.
Harry Haeussler stated he felt the words "prior to" in the Brown
Act meant notification immediately prior to a Closed Session.
Candace Stone , President of the Portola Park Heights Homeowner 's
Association, stated that notification should be made before a
meeting and that, with the power of eminent domain, the District
has enough resources and that the Board does not need to meet
in Closed Session .
William Obermayer stated that the list needed to be tied with
the Master Plan and that the District should perhaps work on land
acquisition in one area at a time .
Jim Warren stated he supported a reasonable list and that if a
list is to be retained, it should contain all relevant information.
Charles Touchatt stated that if the initial list had been reason-
able, people would not have been so concerned .
Tom Kavanaugh said he wanted to be notified if the Board was
going to discuss his property in Closed Session, and added the
public should be informed if land outside the District was going
to be purchased.
C. Britton stated staff had anticipated refining the initial
list and was awaiting direction from the Board.
Meeting 85-19 Page 4
Jim Warren said that if District supplied parcel numbers he could
supply corresponding names and addresses to assist the District.
Sphere of Influence
D. Wendin stated that the Committee had at first recommended
that any significant extension of the sphere of influence be
approved by voters of the entire District, but had later proposed
the alternate consideration that any extension, significant or
otherwise, would have to be approved by LAFCO having jurisdiction.
R. Bishop said he felt that there would be too much expense and
administrative handling involved if extensions were to be approved
by voters of the District , and that, after further consideration,
he felt that LAFCO procedures provided adequate notice for
interested people. He said he favored the present Committee
recommendation.
E. Shelley proposed the following wording for the recommendation:
"District shall limit its acquisition through purchase to lands
wholly within the District ' s boundary and sphere of influence. "
R. Bishop stated that the sphere of influence was established by
request. from LAFCO to create an ultimate boundary of the District
and that the sphere of influence may never again be extended.
Tom Kavanaugh said that the District should not purchase any more
property in Santa Cruz County until that County agrees to make
payments to the District , and that he felt any acquisitions - out-
side the District ' s original boundary violated the original intent
of the District.
William Obermayer said that land should be bought only within the
District boundary unless the Board has consent of all constituents
to buy land outside the District .
Annexation
D. Wendin said that the stated policy was presently in effect.
D. Wendin said he felt a Committee meeting was needed to discuss
the contract concept and that transition provisions will need
to be discussed.
The Board concurred that the Committee would not be able to meet
before the next Regular Meeting and that they were prepared to
take an initial vote on the eminent domain, implementation of
Brown Act amendments , acquisition of land outside the District
boundaries and annexation of land policies at the August 14
Regular Meeting.
B. Wording__A roval for Cautionary Signing for Long Ridge Ogen Si�ace
Preserve (Memorandum M-85-114 dateq_4ul_y 19 , 1985 and Memorandum
M-85-115 dated Jul; -24 , 1-985)
D. Hansen summarized the two reports and used the wall map to
delineate the road.
Meeting 85-19 Page 5
S. Norton used the map to show that the Portola Heights Road is
entirely on District-owned land. He said the question is simply
what rights does the District have over its own property and
said the answer is that the District shall not unreasonably inter-
fere with the easement owners use of the road. He indicated that
this would include District patrol vehicles , Board and staff mem-
bers, and the right of the District to allow public vehicular use
of the road, as well as equestrian and hiker use.
William Obermayer questioned why the District put a trail along
a road that leads to private property.
Charles Touchatt stated the safety issue of use of the road by
hikers and equestrians needed to be addressed.
Bill Sorich, 22330 Skyline Boulevard, La Honda, said that the
trail along the road encourages trespass and that use of the road
should be closed or supervised.
Candace Stone said she had talked with a lawyer and that Civil
Code Section 1009 states one cannot use a private road for public
purposes; she noted that since the District, as a public agency,
owns the road it does make a difference. She asked that hikers
be asked to go around rather than across the road.
Sandra Touchatt asked the Board to consider a buffer zone to
protect private residents.
D. Wendin stated that he was proposing that the road remain closed
to hikers until a new trail alignment is completed in the fall .
K. Duffy said that she was in favor of closing the road until the
trail realignment was complete; however, she was not instructing
staff to reroute the entire trail since portions of it were not
dangerous.
Jody Storaasli , 22400 Skyline Boulevard, La Honda, said that the
trail closure signs that were installed were more obvious than
boundary signs and encouraged that boundary and private property
signs be more obvious .
Motion: D. Wendin moved that the Board instruct staff that the
Portola Heights Road remain closed to hikers until a
new trail alignment is completed in the fall . K. Duffy
seconded the motion. The motion passed on a vote of 5 to 0.
VIII . NEW BUSINESS WITH ACTION REQUESTED
A. Use and Management Plan Review for the Purisima Creek Redwoods Open
Space Preserve (Report R- 85-40
D. Hansen reviewed the report indicating that the District had
applied for and received a California Park and Recreation Facilities
Act of 1984 grant to assist in the development of the Preserve.
D. Woods , using both wall maps and slides , explained in detail the
development of the three parking areas , the trail system and the
backpack camp.
Meeting 85- 19 Page 6
D. Woods indicated that the following additions would be made
to the report prior to the second reading of the Use and Manage-
ment Plan:
E. Natural Resources and Agricultural Management
Existing Use and Management Plan
5. The two abandoned vehicles on the property (one located
on the north ridge trail and the second along the con-
necting trail between the north trail and Harkins Fire
Trail) should be removed. Cost is estimated at $500
with funding to be included in fiscal year 1985-1986
budget preparation.
New Use and Management Recommendations
2. Staff will research the dumping problem along Tunitas
Creek Road. Solutions , including constructing a berm
alongside the road, will be investigated.
D. Woods said that the development project was categorically
exempt under CEQA guidelines , but this exemption would be reviewed
at the time of construction of the parking areas.
J. Warren stated that attendance of staff at the recent Kings
Mountain Association meeting helped lessen fears and encouraged
cooperation. He said concerns addressed were protection of
District property, adequate patrol for the site, provision of water
on the site, and dumping in the area of Tunitas Creek Road.
Marjorie Vallerga, 950 Purissima Road, Kings Mountain, said they
are neighbors of the Preserve and complimented the District' s staff
and Rangers.
Motion: D. Wendin moved that the Board tentatively adopt the
Use and Management Plan as presented in the report for
the Purisima Creek Redwoods Open Space Preserve and
asked staff to return with additions at the second read-
ing at the August 14 Regular Meeting. K. Duffy seconded
the motion. The motion passed on a vote of 5 to 0.
B. Proposed Addition to Sierra Azul Open Space Preserve, Mt. Umunhum
Area (Lands of Oden) (Report R_-85119 dated July 18 , 1985)
C. Britton , referring to the wall map, indicated that the 69 acre
parcel under consideration for acquisition is located east of
Highway 17 within unincorporated Santa Clara County and that the
purchase price is $172 , 500 payable in cash at close of escrow.
D. Hansen presented a series of slides including ones showing
the various roads on the property as they branch from the paved
Loma Almaden Road. He reported that the southern branch is used
by adjacent property owners who have easement rights through the
property and that the road is entered through a locked gate.
Meeting 85-19 Page 7
Rick Estrada, Treasurer of the Sierra Azul Landowner Association,
indicated the following concerns in relation to potential use and
in of the property: Loma Almaden Road is a private road
not designated for public use; the Association installed and
maintains the gate to stop destructive activities that had been
occurring in the area; the Association will not put up with public
parking on the private property and, as an Association, will do
whatevor is needed for enforcement of this principle; and some of
the roads described as trails in the report are easements for the
telephone company.
Tom Kavanaugh questioned whether the public would be able to use
the property and asked if the City of San Jose had been asked to
participate in this purchase. H. Grench stated that there had
been an exploratory meeting at the staff level with a represen-
tative of the City of San Jose to review the City' s Horizon
2000 Plan.
T. Henshaw asked how members of the public would access the area
and where would they park. D. Hansen responded that there were
questions on the public rights on the road and as in similar
situations, the District has indicated that access to the property
is to be gained by permission from adjacent private property owners.
Harry Haeussler said the District should not buy property outside
its boundaries and that access questions should be resolved before
purchases are made.
Motion: K. Duffy moved that the Board adopt Resolution 85-36 ,
a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space Preserve Authorizing Acceptance of
Purchase Agreement, Authorizing Officer to Execute Cer-
tificate of Acceptance of Grant to District, and Author-
izing General Manager to Execute Any and All Other
Documents Necessary to Closing of the Transaction (Sierra
Azul Open Space Preserve - Oden Property) . E. Shelley
seconded the motion.
Discussion: Tom Kavanaugh said he felt the Board was
misusing bond money voted upon earlier in the year since
he felt the land was being bought for speculation purposes.
Charles Touchatt said his concern in the purchase of the
land was the fact that the District did not have clear
access to the land or a place for a parking area that
will not be on private property.
T. Henshaw indicated she was going to vote against the
acquisition because of the uncertainty of road access
to the property. E. Shelley stated the acquisition
could be viable even if the District never has public
access on the road; noting its usefulness could be a
loop-trail up Kennedy Trail to the top of Mt. Umunhum
and back.
The motion passed on a vote of 4 to 1 with T. Henshaw
voting against the motion.
Meeting 85-19 Page 8
Motion: D. Wendin moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations contained
in the report, including naming the property as an
addition to the Sierra Azul Open Space Preserve, Mt.
Umunhum. Area, and indicate its intention to withhold the
property from dedication. E. Shelley seconded the motion.
The motion passed on a vote of 4 to 1 .
C. Road Maintenance on Upper Crazy Pete ' s Road - Coal Creek Open Space
Preserve (Report R-85-41 date_J_J_u-1_y-1_9 ,
D. Hansen summarized the report and indicated that staff has been
working with the Wexlers and Lynda Rose over the past few year's
on a verbal road agreement. He said that differences existed on
the level of improvement needed for the road.
David Wexler reviewed the chronology of the meetings with staff
on a possible solution of adequate road maintenance. He discussed
his frustrations in working with the staff and said that since no
solution seemed forthcoming after almost three years of meetings,
he felt compelled to address the Board.
K. Duffy asked for clarification of the request that the District
share one-third of the cost of road maintenance and asked if the
standards for major surfacing of the road had been agreed upon
at this time.
H. Grench answered that the one-third formula was only for the
interim solution because of the additional wear and tear on the
road because of the hauling that had occurred. D. Hansen said
that the road maintenance policies clearly indicate the level to
which roads are to be improved.
Motion: D. Wendin moved that staff be authorized to spend up
to a total of $2000 including the $500 budgeted to pay
one-third of the District ' s share of road maintenance
and that it not be contingent upon securing a long-term
road agreement. E. Shelley seconded the motion.
Discussion: E. Shelley said this was a one-time solution
for a special case and was not meant to set a District
precedent.
The motion passed on a vote of 5 to 0.
D. Scheduling of Special Meeting (Memorandum M-85-113 dated July 19 , 1985�
H. Grench reviewed the memorandum indicating a Special Meeting
was needed before the August 14 Regular Meeting for a land
acquisition item. He indicated that August 8 appeared to be the
date at which six Board members could be present.
Motion: D. Wendin moved that the Board schedule a Special Meeting
for 7 : 30 P.M. , Thursday, August 8 at the District office
to consider a land acquisition matter and any other
items that might be placed on the published agenda.
E. Shelley seconded the motion. The motion passed on a
vote of 5 to 0.
Meeting 85-19 Page 9
IX. INFORMATIONAL REPORTS
H. Grench shared with the Board Doni Hubbard ' s new book New Trail
Adventures for California Horsemen.
H. Grench requested a tentative reading on the suggested date of
Wednesday, September 18 for a joint meeting with the San Mateo County
Board of Supervisors, beginning at 7 : 00 P.M. in the Board 's chambers.
He asked President Henshaw to meet with Jackie Speier to discuss
agenda and finalize date , place and time.
D. Hansen,using a wall map, clarified the Brooks trail easement
location and provided an explanation of the agreement.
D. Hansen showed slides of the Lexington Reservoir fire. J. Boland
said he would be attending a meeting of the Santa Clara County Office
of Emergency Services to explore options for reimbursement of monies
spent in suppressing the fire and restoring damaged areas.
X. REVISED CLAIMS
J. Fiddes noted a claim for $172 , 500 payable to Founders Title Company
needed to be added to the Claims List for the Oden acquisition.
Motion: R. Bishop moved the approval of Revised Claims 85-15 , of
July 24 , 1985 , including $172 ,500 for the Oden acquisition.
E. Shelley seconded the motion. The motion passed on a vote
of 5 to 0.
XI . CLOSED SESSION
S. Norton announced that litigation matters to be discussed during
Closed Session fell under Subdivisions b-1 and b-2 of Government Code
Section 54956 . 9. The Board adjourned to Closed Session at 11: 30 P.M.
XII . ADJOURNMENT
The Board reconvened to adjourn at 12 : 35 A.M. , Thursday, July 25 , 1985.
Cecilia A. Cyrier
Secretary
CLAIMS No. 85-15
Mceting 85-19
MIDPEi%,1NSL1LA 1ZFC;1ONNAL OPEN SPACE DISTRICT Date: July 24, 1985
C 1, A I REVISED
r Amount Name
--- Description
8531 53.50 Allen Equipment Company Equipment Rental
8532 686.93 Ervin Alves Union Oil Jobber Fuel for District Vehicles
8533 510.60 Big Creek Lumber Company Field Supplies
8534 3,235.68 Birnie Lumber and Fence Company Field Supplies
8535 92-50 Louis Bordi and 'Son Trail Repairs
8536 641 .25 California Business Systems Machine Maintenance
8537 138-77 California Water Service Water Service
8538 250.00 Carmen, Weaver & Associates, Inc. Architectural Services
8539 1 , 182.83 Case Power and Equipment Equipment Rental
,8540 68.95 Crest Copies Map and Packet Xeroxing
18541 300-00 Susan Cretekos Patrol Services for July
'8542 3,500.00 Deloitte Haskins & Sells Partial Payment for Audit
8543 43,332.79 Flinn, Gray & Herterich Insurance Coverage for 1985/1986
8544 131 -35 Herbert Grench Reimbursement--Out of Town Meeting
8545 217.28 Hubbard & Johnson Field Supplies
8546 32.01 Emma Johnson Reimbursement--office Equipment
3547 1 , 191 .82 Lawrence Tire Service, Inc. Tires for District Vehicles
6548 520.00 Los Altos Garbage Dumpster Rental
S549 51 .00 Meister Publishing Company Reference Books
�550 210.42 Midas Muffler Shops Repairs on District Vehicle
�551 450.55 Minton's Lumber & Supply Field Supplies
1552 42. 16 Monta Vista Garden Center Field Supplies
3553 5,000.00 City of Mountain View District share of Coastal Conservancy
Public Access Joint Grant Project ,
�554 9. 10 Norney's of Mountain View Office Supplies
�555 373.44 On-Line Business Systems, Inc. Computer Services for June
1556 504-54 Orchard Supply Hardware Field Supplies
1557 211 .86 Pacific Gas and Electric Utilities
558 109-78 Pacific Hardware & Steel Company Field Supplies
'559 22.26 City of Palo Alto Utilities Utilities
'560 124.71 Postal Instant Press Duplicating
561 30-00 Sequoia Analytical Laboratory Water Test
.562 4,401 .47 Scribner Graphic Press, Inc. Brochure Printing, Ovpenspace Summer
Edition, and Office Supplies
563 22.01 Sears, Roebuck and Company Field Supplies
_ LLx|MS No. |S
Meeting: 85-19
Date: July 24, 1985
REVISED
Name
Description
�
� 0564 2,325,00 E. R. Sheehan Trail Repairs and Construction
� 8565 60.00 Lou Silva Repair and Install Rental Stove
8566 1 ,572.99 Signs of the Times ~ Trail Signs
8567 16.00 Skyline County Water District Water Service
8568 68.56 _3 & W Equipment Company Equipment Repair
8569 37.50 ATmu] Shed, Inc. Equipment Rental
8570 128.48 Tmwill , Inc. Aerial Photos
8571 473.47 Rich Voss Materials and Trucking Field Supplies and Delivery
8572 162.57 Del Woods Private Vehicle Expense
8573 39.05 ZZZ Sanitation Company Sanitation Services
8574 101 .SO Robert McQuillan Repair Service
8575 186~16 Petty Cash Meal Conferences, Drafting Supplies,
Field Supplies and Private Vehicle
Expense
8576 172,500.00 Founders Title Company Purchase of 0den Property �
(ADDED DURING BOARD MEETING)
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^
WRITTEN COMMUNICATION
Meeting 85-21
Aug. 14, 1985
PENINSULA OPEN SPACE TRUST 3000 SAND HILL ROAD
MENLO PARK,CALIFORNIA 94025
(415)854.7696
July 24, 1985
BOARD OF TRUSTEES
Robert Augsburger
Sheldon Bremer
Pat Compton To: The Midpeninsula Regional Open Space District Board of Directors
David L. Fletcher Herb Grench, David Hansen, Del Woods
Vince S.Garrod
Christy Holloway
Melvin B.Lane From: Christy Holloway
David W Mitchell
F Ward Paine Peninsula Open Space Trust Board of Directors
Rosemary Young
ADVISORY COUNCIL Re: Skyline Ridge Master Plan Implementation
Marilyn Alberding
Eleanor Boushey
Robert V. Brown
William H.Clark This memo is an attempt to clarify the issues raised at the 7/9/85
Dorothy Comstock
Sue Crane Skyline Ridge Advisory Task Force meeting. It includes a list of assump-
Laurence Dawson tions which POST understood were operational for this project and recom-
Herbert J.Dengler
Phyllis Draper menclations made by POST's Board as a result of the discussion of these
Clarence J. Ferrari,Jr, points at their 7/16/85 Board meeting.
Thomas W Ford
John Freidenrich
Clarence Heller ISSUES:
Mrs.William R. Hewlett
Robert W Hockey
Lois Crozier Hogle The issues center on the clarification of the role of MROSD and
Ellie Huggins
Mrs, Dennis B. King POST the implementation of the Skyline Ridge Master Plan.
Robert C. Kirkwood
Robert W McIntyre
Anthony P Meier 1 . What is the District's commitment to the development
Greg Melchor and maintenance of the Preserve? Does the 1985-1986
Gordon E. Moore
Mrs.Albert J. Moorman budget allocation reflect this commitment or do you see
Alan Nichols increased allocations over a period of years?
George S. Nolte
Paul O.Reimer
Craig S.Ritchey 2. How can POST continue to participate in the development
Barbara Doyle Roupe
William F Scandling of the Preserve?
Fritz Snideman
Geraldine F Steinberg
William D.Walsh 3. How can a cooperative working relationship between our
Susan S.Ware organizations benefit MROSD, POST, and the public?
ASSUMPTIONS:
As presented to H. Grench, H. Turner, D. Wendin, R. Young,
R. Augsburger, C. Holloway at a meeting on 5/29/84. No agreement was
reached, but because of their logic, the following have remained opera-
tional from POST's perspective:
| � � �������----- -- -- -- -- — �- --
July 24' 1885
PageTvvo --
�
1 . KAROSD would assume responsibility for:
A. Infrastructure development
B. Preserve management
C. Preserve maintenance (land and facilities)
� 2. POST would assume responsibility for:
�
|
A. Fundraising for initial planning (/Nasberp|an) for the
Preserve
|
B. Fundraising for recreational improvements
' C. Cooperating with other organizations tmbuild interest
�
in the Preserve and fundraising for special use facilities
' and buildings
�
| 3. Both POST and N\ROSD have great deal to gain from the
/ cooperative development of Skyline Ridge.
` A. As the District's onnosternphasized site" this project
�. is responsive tnthe public's desire for access and
use of publicly owned open space lands.
B. Skyline represents an opportunity to have focal
project to build support for POST and MROSD, and
to demonstrate the strength of our public/private
effwrts .
� RECOMMENDATIONS:
� In light of these assumptions, the POST Board of Directors would like
tom�k� th� fo||owin� r��onnnn�ndadons.�
�
| l . That agreement to the validity of the above assumptions be
reached between the POST and MR(3SD Boards of Directors.
|
2. That the KAROSD 1985-1986 budget be revised to include funds
� necessary to do all of the planning and engineering for the
Preserve. This vvpu|d also provide the benefit mfaccurate
cost estimates for both grant applications and fundraising.
3. lFhatK8ROSD allocate funds to hire a part-time person to
coordinate and manage public involvement in the develop-
ment oythePresmrve
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July 24' 1985
Page Three --
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4. In l985-10OG POST should assume responsibility for raising
funds for:
� A. Master Plan information displays and a simple
�� brochure to direct the public's use of the Preserve. �
� B. The design and construction of a possible Alpine �
�
Lake observation site. �
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| G. POST will continue to use its Advisory Task Force, Advisory �
| Board and membership todevelop interest for public partici-
pation in: trail building, equestrian facilities, environmental �
/ education and reforestation. �
�
' There is a strong rationale for this approach. With all of the basic �
' planning work done and demonstration of private sector support and volunteer �
| involvement on site, m very convincing proposal can be written for substantial �
funding for the Preserve from the 1986-1987Prop. 18funds. �
�
In addition, development ofthe infrastructure would allow encourage-
ment of public use on the site. This use vvi|| help determine the proper focus
� for fundraising and volunteer involvement over the short and long term.
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WRImmEN COMMUNICATION
:eting 85-21
rug. 14 , 1985
4135 Alpine Road
(Santa Clara County)
Portola Valley CA 94025
July 23 , 1985
Board of Directors
Midpeninsula Regional Open Space District
375 Distel Circle, suite D-1
Lus Al Los, CA 94022
Dear Board Members:
I am writing to express my opinion on priorities of the Midpeninsula
Regional Open Space District. The preservation of open space is cer-
tainly one of the most important things we can do to ensure that this
area retains the attractive qualities that are, paradoxically,
threatened by the influx of people seeking those very attractions.
It is clearly important also to develop and to maintain the open
space that we already have in a way that permits its use and enjoy-
ment by as many as possible, consistent with preservation of its
character.
Given our limited resources and the still-expanding population and
business of this area, I feel that the first priority should be the acquisi-
tion and preservation of open space, with most development and mainte-
nance deferred until later if necessary. In fact, the acquisition
of open space is so important that the right of eminent domain should
be invoked in key instances when all other approaches have been ex-
hausted without solution. I believe that this is indeed the
orientation of the Board of Directors; I am happy to see such a poli-
cy, which will, over the long term, yield the greatest benefit for
all of us in this area.
Very truly yours,
George Henry
WRITTEN COMT TCATION
Meeting -21
Aug. 14 , 1985 /24 I S
A
P2
i
Y
Lawrence B. Haniklaraf
9 a:alpine �d
,Star� z 'BoXl19
La Honda Cq ggozo
WRITTEN COMMUNICA_ _JN
Meeting 85-21
Aug. 14 , 1985 AUG g 1965
Mr, Annie F. Mach
6% Lytton Awme
10229
Paiu Alto. CA 94301
August 4, 1985
To the _�irectors of MffiPID: hRpSy
I want to thank you for all your good
work and also urge you to keep the neces-
sary power of eminent domain. That means,
it seems to me, restricting the power by
not condemning owner-occupied buildings,
nor lots that are not subdivisible. This
should satisfy any reasonable critic. I
am also concerned about the planned d eve 1-
opmenmt on Russian Ridge { I dont have to
tell you how ill conceived and dangerpous
that is}. If at all feasableA your ob-
taining the property on Russian Ridge
would be by far the best solution.
I
Thanking you for your attention,
Sincerely, Q
(member of the Committee for Green
Foothills)-
1
WRITTEN COMMUNICATICN
Meeting 85-21
August 14, 1985
Portola Park Heights Property Owner's Association
22400 Skyiine Bouievard #16
La Honda , California 94020
August 13, 1985
Board of Directors
MidPeninsula Regional Open Space District
175 biste! Circle, Suite D-
.. os Altos, California 94022
Dear Bo arc of Directors:
We have received and reviewed the proposed Amendments to Lonq
Ridge Open Space Preserve Use ana tanaqement Pian-Trail hiiqnmenn
and Signinj pre. enved by Deil Woods for your approval at the
August 14 , 1985 Board Keening . Our Association would like to
submit a counter proposal with an alternate trail relocation plan
which would allow the public to use District Property without
having to cross Qr hike on any part of the private vehicular road
which has seen used by this communioy since 1971 . We are aware
than the Diszrict does own the underlying fee to the road in
question but our Asmociation and others who have contributed to
the maintenance and construction of that road since 1971 , also
have ownorship to the road, being the improvements upon the
eaaemenm . We have also attempted many times to en7oin, remove, or
prohibit public use of thiz road . Public use of that road in any
manner we restrict and interiere with our easements on that
road .
We would like to bring to your attention one ocher matter of grave
concern to our Association . he temporary signs which were
installed to inform the public that the trails crossing the road
were closed, have faded and are unreadable. We are requesting
that new signs be installed and that these new signs are
contructed of material which will not wash away with the first
rains .
The Association would also like the District 's proposal for
Community Boundaries soon so that we can have time to review it.
if possible we are requesting this proposal by September 1985 .
in conclusion, we hope that the Board wiii accept our proposed
trail realignment which prohibits any public use of the road in
question. We feel that our alternative scriution aliows both the
public and our community to live side by side to enjoy these lands
without restriction of personai rights.
Sincerely ,
Porto la ParA heights Property Owner's Association
cr
CUi-IB I NED US
OAD & T RA I L)
• TERNATE SEGMENT A
N- REEKSIDE TRAIL r�
lr EXISTING PARKING
YI
VEHICLES ONLY \
ALTERNATE SEGMENT B
EXISTING OLD ROAD
COMBINE SE
(ROAD & TRAIL)
ALTERNATE
SEGMENT C >
700 - 1000' / EXISTING TRAIL ry p
NEW TRAIL
tHICLES ONLY t4*
ALTERN TE SEGMENT D r
EXISTIN OLD P,OAD/TRAIL =_-�'
6
Board of Directors
MidPeninsula Regional Open Space District WRITUN CONMLINICATION
375 Distel Circle, Suite D-1 Meeting 85-21
Los Altos, California 94022 August 14, 1985
Dear Members of the Board, August 14, 1985
I have reviewed the HidPeninsula Regional Open Space
District ' s report titled Use and Management Plan Review for the
Purisima Creek Redwoods Open Spade Preserve, July 24 , 1985 . I be-
lieve the Plan put forth in this report is well thought out and
presents a reasonable compromise between the recreation needs of
Purisima Creek Redwoods Open Space Preserve ( PCROSP) users and
the requirement of effecting minimal environmental impact due to
user activities. There is a singular component of the Plan to
which I am in total opposition ; the establishment of a compground
within the Preserve. This concern is the subject of this communi-
cation.
I have intimate familiarity with the Purisima Creek
watershed having both lived within its boundary and being a fre-
quent visitor to the PCROSP. As with most of the terrain within
the Santa Cruz Mountains this watershed has suffered significant
damage to the ecosystem contained within due to the suppresion of
fire and deleterious logging practices impacted over decades of
time. Indeed, the Purisima Creek watershed is unique owing to the
pervasive existence of logging remains ; haul roads , slash upon
ridge tops and hillslopes , debri clogged stream channels and ad-
jacent banks and stunted second growth of invasive and extant
species of tree. Ignoring the obvious impacts to former long term
stability of the watershed ecosystem the aforementioned condi-
tions present an enormous fuel load to any potential fires.
The MPROSD is proposing a backpack campground to accomodate
up to two dozen people with provisional equipage of an emergency
water supply. The inferrence from this portion of the Use and
Management Plan Review is that any incidence of uncontrolled fire
can/will be contained within the confines of the established
campground and its emergency water supply. How much better I
would think this component of the MPROSD plan were I ignorant of
human behavior ! The MPROSD has no ability to determine what set
of responses any person, or group of people, will effect under
circumstance of uncontrolled fire. How often have detailed
response plans faultered or failed in the face of the actual
disaster said plans were derived for? Envision a uncontrolled
fire propagated from the planned backpack campground given cir-
cumstances that the quantity of the emergency water supply and/or
the ability of persons present is not able to contain the fire .
What are the potential consequences of such a scenario? Should
such an event occur the logisitics of containing a fire within
the Purisima Creek watershed would be horrific. This particular
watershed is very thickly forested due to fire suppresion and ha-
phazard regeneration of both commercial and weed species of trees
as a result of logging projects. There is a single road down the
main stream valley Purisma Creek road and no roads within tri-
butaries. There exists no system of lateral fire breaks and but
two secondary roads both on the northern half of the Preserve ;
the road on the north slope of Whitmore Gulch and the Harkins
fire road. It is my considered opinion that any fire not immedi-
ately adjacent to an existing road and not responded to in an ex-
tremely short time period will contain the potential of burning
t7o -tYe--F-i d-g—e _C6`p_a_t _S_1Fjl_f_ne___FJ_ou�d'V_a_rd__ S-fi-o-u-n- a 5k__ -rice urn 0
the . 1900 foot contour west of Sklyine Boulevard and between the
RCROSP northern parking and southern boundary t Huddart
County Park then the entire concentration of reb-dences upon
Kings Mountain north of the intersection of Kings Mountain Road
and Skyline Boulevard will be in immediate jeopardy of destruc-
tion by fire.
To reiterate and reinforce the logic behind my conviction
that the MPROSD will be exhibiting ignorance and imprudence in
approval of a plan to site a backpack campground within the
PCROSP I offer the follwing comments :
The proposed backpack campground will offer an incentive for
self-justified ' illegal camping and fire building within the
Purisima Creek watershed from those who a) have camped in the
campground , have knowledge of the watersheds offerings and cannot
or will not procure campground permits , or b) flaunt restrictive
ordinance and camp wherever they may choose . Because of my fami-
liarity with this watershed I have no doubts that many people
could find seclusion and remain undetected within the Purisima
Creek watershed if they so chose .
** Backpack campground usage will occur during the warm , dry por-
tion of the year when the following conditions exist producint
the greatest threat from fires :
-lowered humidity of trees , forest litter and atmosphere
greatest temperature difference between the watershed mass , Pa-
cific Ocean to the west and the San Francisco Bay to the east ,
resulting in strong down canyon winds in the morning and up
canyon winds in the afternoon and evening; either wind conditions
will foster the spread of fire through % crowning ' and wind born
ember transport
-low volumne flows of springs and creeks which may serve as po-
tential sources for emergency water supply and/or fire fighting
-greatest user frequency within the PCROSP owing to weather amen-
able to outdoor activities ; this in itself will increase the po-
tential for ' non- backpacker ' origin fires
-possibility of fire within the PCROSP coincident with other ma-
jor fires within the region and/or State resulting in less than
optimal equiptment and person power to fight fire
** Complete lack of fire trail/break system within the PCROSP
thus in the event of a fire and the need to produce fire breaks
the resulting damage from hastily bulldozed fire breaks will be
long term and ecologically significant .
** The obvious concern and threat to the large concentration of
people who live immediately adjacent to the PCROSP at its eastern
boundary.
In conclusion I believe to pursue the backpack campground
further is to establish a clear path to disaster. The conse-
quences of an uncontrolled fire within the PCROSP will be long-
term both to the watershed and the relationship of the MPROSD and
its neighbors within its service area boundary. I do not believe
there exists no MPROSD lands ill suited for the enclusion of a
backpack campground. However I do believe the potential for un-
controlled fire , and the concomitant damage , is great enought
within the PCROSP to preclude establishment of said campground . I
sincerly hope the Board of Directors of the MPROSD will decide
against phis porflonof the Ilseand anaeent—Pj--a-—n -—for PC ROS P as
- the potential cost of uncontrolled fire is simply not worth the
benefit to a relatively 11 number of Preserve use
If you should desire to discuss further this mawter please
contact me at your convenience. Sincerely u Y rs ,
S a k �Robert..' tk�+
P. O. Box 620502
Woodside , California 94062
4o
WRITTEN COMMUNICATION
Meeting 85-21
Aug. 14, 1985 RICHARD BLUM
P.O- sox 4W z0 d 6
WOODSIDE, CALIFORNIA 94062
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i
WRITTEN COMMUNICATION
ting 85-21
4ust 14 , 1985
Jim Warren
(415)851-7075 345 Swett Road, Woodside, CA 94062
85 Aug 12
from: Jay Thorwaldson and Jim Warren
to: Directors, Midpcninsula Regional Open Space District
re: a proposed eminent domain ordinance
Greetings,
As we approach the conclusion of this issue, both of us wish to express our sincere
appreciation for the time, effort and care that the Directors — and numercous concerned citizens
— have expended, seeking a fair and equitable solution.
At the beginning of this process, many of the issues and their ramifications were not clear
— to anyone, Directors or public. As is often the case, the initial proposals for solution were
incomplete, and the modifications of those initial approaches produced drafts that, we believe,
most readers find perhaps less-than-optimal.
This is proposed as a clean and simple set of policy statements that both of us feel arc a
fair and reasonable — and usable — ordinance. It is our impression that they reflect the
apparent intent of some — perhaps most — of the Board, namely:
I. Consider and/or permit the use eminent domain only
[1] with agreement of the owner(s),
[2] in the context of formal initiation of a subdivision, or
[3] for acquisition of an essential, limited-width trail, distant from any developed areas of
property belonging to an unwilling seller.
II. With a minimum of expense and hazard, provide reasonable assurance that the ordinance
will endure beyond this time of widespread concern and activism.
Alternatives and ancillary observations are in smaller type and would not be part of the ordinance.
Ordinance Defining Conditions for Exercise of Eminent Domain
Definitions: The following definitions shall apply to this ordinance:
"Parcel" shall refer to any area of real property defined as a "parcel" by the County Assessor
and assigned a single parcel number by that County Assessor.
"Property" shall refer to any Parcel, and shall also refer to any two or more Parcels that are
contiguous and under the same ownership.
"Owner" shall refer to a person, and also all persons or organizations owning a single
Property.
"Division" shall refer to any voluntary act by an Owner requesting that a Planning
Department or Planning Commission of a city, town or county pursue formal consideration of
the subdivision of the Owner's Property into Parcels other than those that comprise the Property
as of June 1, 1985. "Division" shall also refer to a division of Ownership of Property composed
of multiple Parcels.
"MROSD" shall refer to the Midpcninsula Regional Open Space District of the San Francisco
Peninsula in California.
DEBATE? Select some other "parcel definition date" than June 1, 1985.
The staff and the Directors of the MROSD shall not consider, recommend nor exercise the
MROSD's powers of eminent domain, except under one or more of the conditions enumerated
hereafter:
written r uest or
v n voluntarily submits ae
1. Friendly Condemnation: The Owner of a Property olu to yq
consent for the MROSD to apply eminent domain to the Owners Property.
I.I. Multiple Owners: In the case of the Owner being composed of more than one person or
written request or consent must be executed by more than two-thirds of the
such t
organization, s q
m rize th
e Owner.
parties that co p
DEBATE? Select some portion other than two-thirds.
Notes: Two-thirds is the same proportion required for Board action to condemn —it would seem fair to allow a comparable
super-majority for multiple-owners. The proposed two-thirds keeps a small-minority owner from blockading a large-majority
P J Y
PS
a e 1
preference to sell, but at the same time places the District clearly on record that it will not be a party to a disagreement between
more-or-less equally divided owners, e.g. a husband and wife.
2. Subdivision: An Owner voluntarily initiates a Division of the Owner's Property.
Note: By the definition, this will not necessarily result in an actual subdivision.
2.1. Acceptable Subdivisions: If an Owner wishes to initiate a Division of the Owner's
Property, but wishes to avoid risk of eminent domain proceedings by the MROSD based on that
subdivision, the Owner may petition the Board of Directors of the MROSD, requesting that the
protection against eminent domain acquisition granted by this ordinance to the original Property
be extended to the the Parcels proposed to be created under the desired Division. The Board of
Directors, at its absolute discretion and by majority vote, may extend that protection to the
proposed new Parcels. Once extended to such new Parcels by Board action, that protection
cannot be later withdrawn, and this Section 2 may not thcraftcr be used as justification to
exercise eminent domain against the Owner's new Parcels.
This would allow the Board to grant "safety" to owners on a case-by-case basis— most notably for the oft-mentioned case of
parents desiring to subdivide a homestead for distribution to their children.
3. Required Trails: The MROSD Board of Directors wish to acquire full title to a portion of an
Owner's Property, hereinafter referred to as a "Required Trail," but only under the following
conditions and findings, with each finding adopted by at least two-thirds of the MROSD Board
of Directors:
The MROSD Board finds that it is of major public value to connect two or more publicly-
owned park or open space Properties.
The MROSD Board finds that no such connection can be made by purchases from voluntary
sellers, even if the length of the connection was three times the length of the proposed Required
Trail.
The Owner's Property exceeds fifty (50) acres.
The Required Trail may be no more than fifty feet (50') wide.
All parts of the Required Trail must be at least one thousand feet (1,000') from all
buildings, accessory structures, wells, storage tanks, and similar permanent improvements that are
located on the Owner's Property.
The Required Trail must take the a path as close to the perimeter of the Owner's Property
as possible, or such other path as may be mutually acceptable to the Owner and the MROSD.
Within three months of a written request from the former Owner of the Required Trail, the
MROSD will install, at MROSD expense, "No Trespassing" signs along both sides of the Required
Trail adequate to effectively discourage MROSD visitors from leaving the Required Trail area
and entering adjacent private property.
The Owner shall be permitted to designate any additional portions of the Owner's Property,
contiguous to the Required Trail, that must also be acquired by the District when it acquires the
Required Trail.
The Owner shall be given an casement over the entirety of the Required Trail, for ingress,
egress and utilities.
DEBATE? Select some minimum size other than 50 acres. Select some width other than 50 feet. Select some minimum
distance other than 1,000 feet.
Notes: Other previously mentioned minimum sizes have included 20 acres, 25 acres, 40 acres and 100 acres. 50 feet is more
than enough width for any reasonable riding or hiking trail. 1000 feet is about 350 paces, and would provide at least nominal
protection from trespass for windmills,stables,barns,etc.. It would provide at least minimal protection for rural homeowners against
public intrusion on their homes. It is a rather minimal distance to seperate rural residents from a Board-demanded, essential public
recreational route.
It is the intent of the Directors of the MROSD that no consideration be given to the
modification or voiding of this Ordinance without ample notice being given to all likely-
interested parties, and ample opportunity being given for participation by all interested parties
in any such considerations and discussions, from their outset. Therefore:
MROSD staff shall not discuss the modification or voiding of this Ordinance without first
receiving explicit instructions, by resolution of the MROSD Board of Directors, to do so.
The MROSD Board of Directors shall not discuss such a resolution, nor discuss the
modification or voiding of this Ordinance without first sending written notice to the then-
current Owners of the 695 areas of real property specified in the MROSD's Master Plan Map
Overlay associated with the MROSD owners' list dated February 13, 1985.
Said notice shall be considered sent when it is mailed by Certified, First Class U.S. Mail to
the owners of at least 90% of the aforementioned 695 areas of real property, using the owners
names and addresses as listed by, the Santa Clara County and San Mateo County Assessors in
Assessor lists predating the mailing date by no more than 120 days. Said notice shall be
Pe 2
postmarked between 60 and 90 days prior to the first open or closed meeting of the MROSD
Board of Directors in which modification or voiding of this Ordinance is to be discussed, or in
which the Directors are to consider a resolution requesting that staff examine possible
modification or voiding.
Said notice shall include a prominent notice that the Directors or staff may be examining
possible modification or voiding of this Ordinance, a complete statement of this Ordinance, a
reasonably complete statement of the issues prompting the original passing of this Ordinance,
and a statement of the then-current justification for considering its modification or voiding.
Discussion of the possibility of discussing such a resolution/modification/voiding shall not
be considered discussion of the resolution, modifications or voiding.
On the issue of eminent domain being triggered by a building permit:
This is fraught with problems. It makes the MROSD a planning agency, rather than an open
space agency. They are related, but different. It penalizes those who have purchased their land
to build on it as their home — presuming they are "guilty" of being developers, until they can
prove innocence over time. It requires resource-consuming monitoring of building permits of all
pertinent city, town and county jurisdictions. It requires addressing issues of permits for: new
homes, permanent mobile homes (permitted by the State as homes, versus prefabricated homes),
legalizing existant homes, major new additions, demolition and rebuilding, adding 2nd units and
farm housing, barns, other accessory structures that require permits, wells, conversion of
accessory structures for habitation, roads and bridges requiring permits, wells, water tanks, water
lines, power meter changes, etc. It also includes issues of permits sought by other parties holding
easements on parcels — e.g. PG&E, road easements, etc. — permits over which a property owner
may have no control.
Most existant rural homeowners — sooner or later — will seek a building permit for
something or other. As such, use of just any building permit as justification for exercise of
eminent domain will be almost universally unacceptable to your neighbors.
To attempt to specify which building permits will be allowed vs. which may trigger
eminent domain, will be — at a minimum — consumptive and contorted.
Under any circumstance, it probably concerns jar less.than 400 new homes built without
subdivision for something in excess of 100,000 acres, including yhour bayside areas of interest at least at any time within the next half century. (see attachment)
The clock hands race. Nuf sed. Again, we thank you for your attention to these
suggestions, and thank you for your extensive, contientious efforts on these matters. We do
appreciate it.
Wdem n, c el
Ji arren
Jay Thorwaldson, 321-4121x2665
page 3
How A Bill Becomes LaNy
1"
AS IN f RODUCEU AS AMENDED IN AS AMENDED 0#4
COMMITTEE SECOND REAG4NG
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AS ENACTED AS FUNDED BY JOINT AS IMPLEMENTED BY
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AS REPORTED BY THE AS UNDERSTOOD BY WHAT WAS ACTUALLY
MEDIA THE PUBLIC NEEDED
Rep-rented from Taal Talk, Jurw 1984
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261. Gu,,,Ioon i/1 59, Maen,n 6V1. Keith +6•'6e1 � 603. !Izarek 101, Gutic /O� 263. Fo■ler �"7 763. Pvch Lhelll 16/. SkLm er 605. F►rr / 000. IIIIIL,gal@f 6U7. New luau 6U/. Ur rere
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ONE Ott TZ.1,6 Cs ) �' �jlJyt�,O� rv1�iy0U7 s�
-t y 3 Divl S/off NtG dLS' lr�l!k E Ly ------
9/14/85
Phone communication from:
Jean Rusmore
36 Verenda Way
Menlo Park
Supports the 'District' s plan for Purisima Creek Redwoods Preserve
and hopes the District can implement all the proposed trails on
the plan, as well as establishing a backpack camp next year.
B. L. Lewis
20205 Skyline Boulevard
Woodside, CA 94062
(415) 851-7145
Mr. Lewis called to express his views to the Board regarding use and
eminent domain and the purchase of the Russian Ridge property. He said
it is his opinion that the District should retain its rights of eminent
domain, except for older homes , to prevent subdivision. He also stated
that the District should purchase the Russian Ridge property not only
for the scenic value, but to protect the surrounding water resources
from further being diminished by additional residences . He said his
water pressure had been reduced by 3/4 by the seven houses which were
built in the area . He said that the springs from Russian Ridge are the
head waters for scenic Mindago Creek at San Gregorio. The geologist he
hired said Russian Ridge is the water source for the entire area.
August 14 , 1985
ds
Wanda Alexander
15879 Ravine Road
Los Gatos
Phoncd8/13/85 to say she thinks District should maintain its
current policies concerning eminent domain and land acquisition.
R-85-43
(Meeting 85-21
August 14 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
August 6 , 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: Proposed Closs Property Acquisition to Rancho San Antonio
Open Space Preserve
Introduction: The Midpeninsula Regional Open Space District has been
offered the opportunity to purchase a 2 . 25 acre home site adjacent to
the Rancho San Antonio Open Space Preserve. The site is part of a prom-
inent ridgeline overlooking the Rogue Valley area of the Preserve. if
acquired, the property would become an addition to the Rancho San Antonio
Open Space Preserve.
A. Description
1 . Size, Location and Boundaries
The 2 . 25 acre parcel is located at the end of Ravensbury Avenue
in the Town of Los Altos Hills . The Rancho San Antonio Open
Space Preserve adjoins the property to the south and east, while
private property is located to the west. The home site lying
directly west of the subject property is also owned by the Closs
family and is proposed as a gift to Peninsula Open Space Trust
(POST) . Directly north of the proposed gift parcel is another
small parcel which was given to POST by the Closs family in June
1980 .
2 . Topography, Geology and Natural Landscape
The site is on a small ridgetop overlooking Rogue Valley and the
upper Permanente Creek watershed. Permanente Creek is located
approximately fifty feet south of the subject property. A level
knoll in the center of the property yields to very steep side
slopes extending north, south and east. The site is generally
covered in oak woodland forest with dense shrub growth covering
the north and east facing slopes . Grassland and some chaparral
plants are located on the drier south facing slopes.
B. Planning Considerations
The site is within the Town of Los Altos Hills and is developable
with a density of one single family home.
The property received a moderate rating on the District' s Master
Plan map, a composite rating indicating the suitability of the land
for open space.
R-85-43 Page Two
A conservation easement covers the lower elevations of the property
and includes those lands lying south and east of the existing roadway
which adjoin the Rancho San Antonio Preserve. The current owners, in
addition to making a gift of the adjoining site to POST, are selling
the property to the District at an advantageous price and would like
to see the land preserved as an open space greenbelt precluding any
development (see attached letter) .
C. Current Use and Development
The site is currently undeveloped with the exception of a sixty foot
vehicle roadway. The road enters the northern point of the property
from Ravensbury Avenue and follows the perimeter of the property in a
clockwise direction, exiting in the southwest corner. The sixty foot
roadway is a public utility and equestrian-pedestrian path easement,
in addition to providing vehicular access . It terminates at High
Meadow Stables on the Rancho San Antonio Open Space Preserve. The
District currently has easement rights on this road.
A driveway branches from the access road and follows the western bound-
ary of the property to the knoll top. This drive is currently blocked
to vehicle traffic at its junction with the access road. The intended
use of this driveway was to serve as access to the two building sites
on the ridge.
D. Potential Use and Development
The property is highly visible from the trails within the Permanente
Creek watershed of Rancho San Antonio Open Space Preserve. The acqui-
sition of this property would preserve the ridgetop views and eliminate
the potential for vehicular access to a residential structure over the
perimeter road. In addition, greater flexibility in planning and pro-
tection of the Preserve 's entry area at Ravensbury Avenue would be
afforded.
E. Interim Use and Management Recommendations
1 . The site should be managed as a natural area.
2. Preserve boundary plaques should be installed at appropriate
points.
3 . Staff will look at the feasibility of gating the dirt road into
High Meadow Stables at Ravensbury in cooperation with leasehol-
ders, easement holders, and property owners who have rights on
the road. This gating would be done to eliminate illegal vehicle
entry to the Preserve which is currently a problem.
F. Name
The property should become an addition to the Rancho San Antonio Open
Space Preserve and be known by that name.
G. Dedication
The site should be dedicated as public open space.
H. Terms
The total purchase price provided for in the attached Purchase Agree-
ment is $160 ,000 for the 2. 25 acre parcel . Of this total , $32,000
R-85-43 Page Three
would be paid in cash at the close of escrow with the balance of
$128 ,000 to be financed over a 10-year period at 8% interest.
Funds required to close escrow would come from the New Land Commitments
budget category and specifically from the proceeds of the District's
1985 note issue.
Recommendation: I recommend that you adopt the accompanying Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Exe-
cute Certificate of Acceptance of Grant to District, and Authorizing General
Manager to Execute Any and All Other Documents Necessary to Closing of the
Transaction (Rancho San Antonio Open Space Preserve - Closs Property) .
I further recommend that you tentatively adopt the Interim Use and Manage-
ment Plan recommendations contained in this report, including naming the
property as an addition to the Rancho San Antonio Open Space Preserve and
indicate your intention to dedicate the property as open space.
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i
RESOLUTION NO. 85-37
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE
OF ACCEPTANCE OF GRANT TO DISTRICT, AND
AUTHORIZING GENERAL MANAGER TO EXECUTE ANY
AND ALL OTHER DOCUMENTS NECESSARY TO CLOSING
OF THE TRANSACTION (RANCHO SAN ANTONIO OPEN
SPACE PRESERVE - CLOSS PROPERTY)
The Board of Directors of the Midpeninsula Regional Open
Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept the offer contained
in that certain Purchase Agreement between Bill T. Closs, et ux
and the Midpeninsula Regional Open Space District dated July 9 ,
1985 , a copy of which is attached hereto and by reference made a
part thereof, and authorizes the President or appropriate officers
to execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors or
other appropriate officer is authorized to execute a Certificate
of Acceptance to any deed (s) granting title to said property.
Section Three. The General Manager of the District shall
cause to be given appropriate notice of acceptance to the seller.
The General Manager further is authorized to execute any and all
other documents in escrow necessary or appropriate to the closing
of the transaction.
Section Four. The General Manager of the District is
authorized to expend up to $1 ,000 to cover the cost of title insur-
ance, escrow fees , and other miscellaneous costs related to this
transaction.
Section Five. The sum of $32 ,000 is hereby ordered to
be withdrawn from the Midpeninsula Regional Open Space District 1985
Promissory Note Fund for this purchase.
i
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into by and between Bill T. Closs
and Virginia R. Closs , husband and wife, hereinafter called "SELLER"
and the Midpeninsula Regional Open Space District, hereinafter called
"DISTRICT. "
1. PURCHASED PROPERTY
SELLER agrees to sell to DISTRICT, and DISTRICT agrees to purchase
from SELLER, SELLER' S real property located within the Town of
Los Altos Hills , County of Santa Clara, containing 2. 246 acres
more or less , and commonly referred to as Santa Clara County Asses-
sor' s Parcel Number 351-08-023 , being more particularly described
in the Preliminary Title Report No. 551213 , dated June 11 , 1985 ,
from First American Title Guaranty Company, attached hereto as
Exhibit "I" and incorporated herein by this reference. Said prop-
erty to be conveyed together with any easements, rights of way,
or rights of use which may be appurtenant or attributable to the
aforesaid lands, and any and all improvements and/or fixtures
attached or affixed thereto .
2. PURCHASE PRICE AND MANNER OF PAYMENT
The total purchase price for the aforesaid purchased property is
and shall be the sum of One Hundred Sixty Thousand and No/100
Dollars ($160 , 000. 00) , payable as follows:
A. A down payment of Thirty-Two Thousand and No/100 Dollars
($32 ,000. 00) shall be paid in cash at the close of escrow, and
B. A secured Promissory Note in the principal amount of one
Hundred Twenty-Eight Thousand and No/100 Dollars ($128 ,000 . 00) ,
to be delivered to SELLER at the close of escrow. Said Note
to bear tax-free interest at the rate of eight percent (8%)
per annum and to be payable in ten (10) equal annual
installments of principal in the amount of Twelve Thousand
Eight Hundred and No/100 Dollars ($12 ,800. 00) , plus accrued
interest , with the first such payment to be made on or before
the anniversary date of close of escrow. Said Note to provide
that principal and accrued interest may be prepaid at any
time by DISTRICT without penalty or premium. Said Note to be
secured by a First Deed of Trust with Assignment of Rents on
the purchased property as described in said Preliminary Title
Report (Exhibit "I" ) . The Note and Deed of Trust are to pro-
vide that all principal amounts together with any unpaid
interest are to be fully due and payable in the event of sale
or lease of the Subject Property by DISTRICT (acceleration
clause) .
Purchase Agreement - Closs Page Two
3. TITLE AND POSSESSION
Title and possession of the subject property shall be conveyed
to DISTRICT at the close of escrow by Grant Deed, free and clear
of all liens, encumbrances , judgments , easements , taxes, assess-
ments, Deeds of Trust, mortgages, covenants , restrictions , rights
and conditions of record except:
A. Taxes for the fiscal year in which escrow closes shall be
handled in the manner rovided b Section 4986 of the
Revenue and Taxation Code of the State of California.
B. Title exceptions numbered 1 , 2 , 3 , 4 , and 5 as shown in said
Preliminary Title Report labeled Exhibit "I" .
C. The Deed of Trust as referenced in Paragraph 2B hereinabove.
D. Any other title exceptions as acceptable to DISTRICT.
4. COSTS
SELLER shall pay all escrow, recording, and customary title insur-
ance charges and fees incurred in this transaction. SELLER shall
be responsible for, and pay all costs of any reconveyance of Deed
of Trust, full release of mortgage, payment of liens, discharge
OIL judgments, or any other charges, costs, or fees incurred in
order to deliver marketable title to DISTRICT.
5. MIMISSIONS
DISTRICT shall not have any obligation to pay any real estate
agent' s commission or other related costs or fees in connection
with this transaction.
6. LEASES OR OCCUPANCY OF PREMISES
SELLER warrants that there exist no oral or written leases or
rental agreements affecting all or any portion of the subject
property, nor are any persons occupying the property. SELLER
further warrants and agrees to hold DISTRICT free and harmless
and to reimburse DISTRICT for any and all costs for legal ser-
vices , occasioned by reason of any such lease, rental agreement,
or occupancy of the property being acquired by DISTRICT, including
but not limited to claims for relocation benefits and/or payments
pursuant to California Government Code Section 7260 et seq.
SELLER understands and agrees that the provisions of thispara-
graph shall survive the close of escrow and the recordation of
any Grant Deed (s) .
Purchase Agreement - Closs Page Three
7. WAIVER OF STATUTORY COMPENSATION
SELLER understands that they may be entitled to receive the fair
market value of the Property under the Federal Uniform Relocation
Assistance and Real Property Acquisition Act of 1970 (Public Law
91-646) and California Government Code Section 7267 , et seq.
SELLER acknowledges that they are familiar with the applicable
Federal and California law. SELLER hereby waives all existing
and future rights they may have to receive the fair market value
of the Property under any applicable Federal or California law.
8. ACCEPTANCE AND TERMS OF ESCROW
Provided that SELLER executes and delivers this Agreement on or
before July 12 , 1985 , DISTRICT shall have until August 16 , 1985
to accept and execute this Agreement, and during said period
this instrument shall constitute an irrevocable offer by SELLER
to sell and convey the aforesaid real property to DISTRICT for
the consideration and under the terms and conditions herein set
forth. As consideration for the tender of this offer, DISTRICT
has paid and SELLER acknowledges receipt of the sum of Ten and
No/100 Dollars ($10 . 00) .
On condition that this Agreement is accepted and executed by
DISTRICT, as above provided , this transaction shall close through
an escrow to be conducted by First American Title Guananty Company,
329 S. San Antonio Road, Los Altos , CA 94022 , or other such escrow
holder as may be designated by DISTRICT. Time being of the essence
this escrow shall close on or before thirty (30) days following
the date this Agreement is accepted and executed by DISTRICT.
9. ACCRUAL
The provisions hereof shall accrue to the benefit of and bind
the respective heirs , devisees, assigns or succssors in interest
of the parties hereto.
Purchase Agreement - Closs Page Four
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
.APPROVED AS TO FORM:
Bill T. Closs
Stanley Norton, District Counsel Virginia R. Closs
ACCEPTED FOR RECOMMENDATION: Date:
L. Craig Britton, SR/WA
Land Acquisition Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
� � 9
First American Title Guaranty Company
\� (/ ❑CAMPBELL ❑CUPERTINO ®LOS ALTOS ❑PALO ALTO
2020 SOUTH BASCOM AVE. 10370 SOUTH DEANZA BLVD. 329 SO.SAN ANTONIO RD,0 8 550 HAMILTON AVE.
CAMPBELL,CA 95008 CUPERTINO,CA M14 LOS ALTOS,CA 94022 PALO ALTO,CA 94301
(408)377.2992 (408)252.7000 (415)941.3320 (415)328.5050
Subject to a minimum
charge required by Section
12404 of the Insurance ❑BLOSSOM HILL-SAN DOSE ❑SAN DOSE ❑ SANTA CLARA
Code. 499 BLOSSOM HILL RD. 675 NORTH FIRST ST. 275 SARATOGA AVE.0 106
SAN JOSE,CA 95123 SAN JOSE,CA 95112 SANTA CLARA,CA 95050
(408)227-5111 (408)286.6353 (408)249.9811
Mid Peninsual TITLE OFFICER: Mary Wilson
375 Distel Circle #Dl Escrow Officer: Margaret Riegert
Los Altos, CA Your No.: None shown
Attention: Craig Burton Our Order No.: 551213
Property Address: None shown
Form of Policy Coverage Requested:
_ € q
In response to the above referenced application for a policy of title insurance, this Company hereby reports that it is prepared to issue, or
cause to be issued.as of the date hereof.a Policy of Title Insurance in the form specified above,describing the land and the estate or interest
therein hereinafter set forth,insuring against loss which may he sustained by reason of any defect,lien or encumbrance not shown or referred
to as an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said policy form.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are attached. Copies of the Policy forms
should be read.They are available from the office which issued this report.
This report(and any supplements or amendments thereto)is issued solely for the purpose of facilitating the issuance of a policy of title insur-
ance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of policy of title insurance,a Binder or
Commitment should be requested.
Dated as of June 11, 1985 at 7:30 a.m. �.
M
TITLE OPERATIONS MANAGER
Title to said estate or interest at the date hereof is vested in:
I
BILL T. CLOSS and VIRGINIA R. CLOSS,
his wife in joint tenancy
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
At the date hereof exceptions to coverage in addition tot he printed exceptions and exclusions contained in said policy form would be as follows:
I
SEE NEXT PACE
EX H 161 T" -r
Page t of F
FORM 4288-201 (REV. 12/83) ��'�
C r No. 551213
Page 2
1. Taxes for the fiscal year 1985-86, a lien not yet due or payable.
2. The lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing
with Section 75 of the California Revenue and Taxation Code.
3. Limitation, covenants, conditions, restrictions, reservations, exceptions
or terms, but deleting restrictions, if any, based on race, color, religion
or national origin, contained in the instrument recorded December 31, 1941
in Book 1071, Page 532 of Official Records.
4. A non-exclusive easement for ingress and egress, as granted by H. S. Watson,
also known as Howard S. Watson, to Neary Rock Quarry, Inc., a corporation, by
Deed dated October 5, 1956 and recorded October 16, 1956, in Book 3633 of Official
Records, at page 411, over a strip of land 60 feet wide, as shown on the recorded
Map hereinafter referred to.
5. Recitals as contained in the Deed from H. S. Watson, also known as Howard S.
Watson to Neary Rock Quarry, Inc., a corporation, dated October 5, 1956, recorded
October 16, 1956, in Book 3633 of Official Records, page 411, as follows:
It is expressly agreed between the Grantor and Grantee that the easement granted
herein shall never be used by the Grantee, its heirs or assigns, for the purposes
of hauling and/or transporting red rock and/or gravel from the Crocker and Winship
property nor from property adjacent thereto." (Affects the 60 foot right of way
as shown on the recorded Map hereinafter referred to.)
6. Public utilities easements and driveway easements as shown on the recorded
Map of Tract 3287, filed in Book 184, Page 56 of Official Records.
7. Easement as follows as shown on the filed map
For Equestrian/Pedestrian Path
Affects . a 60 foot strip
8. Easement as follows as shown on the filed map
For Conservation
Affects . a portion of said lands
9. Any and all unrecorded leases which may be disclosed by an inspection of the
premises.
EXHIBIT
Page 2 0r 8
0• No. 551204
Po, 3
NOTES:
A) According to the public records, there have been no deeds conveying the
herein described property recorded within six months prior to the date
hereof except as follows: NONE
B) Both installments of taxes for the fiscal year 1984-85 have been paid
in full.
lst installment : $70.12
2nd installment : $70.12
Assessors No. : 351-08-023
Code Area : 14-022
EXHIBIT
page 3 of
i
Oi...:r No. 551204
Page 4
LEGAL DESCRIPTION:
Real situated in the City of the Town of Los Altos Hills, County of
property
Santa Clara, State of California, described as follows:
PARCEL ONE:
Parcel 2 Parcel Map filed June 26, 1980 in Book 465 of Maps, Page 50, Santa Clara
County Records.
PARCEL VO:
A non-exclusive easement for ingress and egress as shown on the filed map recorded
September 11, 1963 in Book 184 of Maps, page 56, and described as follows:
BEGINNING at a 3/4 inch pipe in the South line of Lot 2 in Section 8, T.7S, R.
2W. M.D.B. & M. , distant thereon N. 89° 30' W. 39.47 feet from a 3/4 inch pipe at the
Northeasterly corner of that certain 9/16 acre tract of land conveyed by George
Sheldon Perham et. al, to H. S. Watson and C. M. Watson as recorded on March 21, 1951
under Recorder's File No. 706208, Records of Santa Clara County, California, and
running thence parallel with and 30 feet southwesterly at right angles from the
easterly line of said 9.16 acre tract of land, S. 40° 02' E. 118.91 feet;
thence S. 36° 26' E. 99.63 feet;
thence S. 6° 59' E. 149.44 feet;
thence S. 18° 30' W. 94.87 feet;
thence on a curve to the right, with a radius of 25.00 feet, through a central
angle of 103° 30' for a distance of 45.16 feet;
thence N. 58° 00' W. 190.92 feet;
thence S. 35° 20' 17. 119.24 feet;
thence N. 80° 21' 1.1. 173.29 feet;
thence No. 59° 14'14. 175.11 feet;
thence N. 79° 38' V. 125.87 feet;
thence 14. 68° 16' W. 160.75 feet;
thence N. 82° 07' W. 132.13 feet;
thence N. 55° 28' W. 47.23 feet;
thence on a curve to the left, with a radius of 120.00 feet, through a central
angle of 38° 37' , for a distance of 80.89 feet;
thence S. 85° 55' W. 77.59 feet;
thence on a curve to the right with a radius of 150.00 feet, through a central
angle of 42° 33' for a distance of 111.39 feet;
thence N. 51° 32' W. 106.18 feet;
thence N. 69° 54' 1-1. 121.47 feet;
thence S. 60° 42' 1d. 25.88 feet;
thence on 'a curve to the left, with a radius of 50.00 feet through a central angle
of 72° 48' for a distance of 63.53 feet;
thence S. 12° 06' E. 97.13 feet;
thence on a curve to the right, with a radius of 30.00 feet through a central angle
of 67° 02' for a distance of 35.10 feet;
thence S. 54° 56' W. 120.16 feet;
thence on a curve to the right, with a radius of 50.00 feet, through a central
angle of 55° 40' for a distance of 48.58 feet; EXHIBIT I
thence N. 69° 24' W. 72.90 feet;
thence N. 89° 02' W. 289.08 feet; PB�� '4" t �
thence N. 66° 42' W. 105.55 feet and
thence 14. 89° 42' W. 72.13 feet to the line between Sections? and 8, T. 7S. R. 211. i
0 No. 551213
F 5
M.D.B. & M. , said last mentioned point being S. 0° 54' id. 30.05 feet from the one
quarter section corner in the line between said Sections 7 and 8, and being a
part of Section 8, T. 7S. R. 2W. M.D.B. & M. , Santa Clara County, California
Excepting therefrom that portion lying in the bounds of Parcel 1 shown herein
above.
PARCEL THREE:
A Right of Way for ingress and Egress over that certain trian^ular piece of land
as granted in the deed to H.S. Watson et ux, recorded ?March 29, 1951 in Book
2181, page 313 of Official Records and shown on the filed map, described herein,
as follows:
BEGINNING at the point of intersection of the south line of Lot 2 of Section 8,
T. 75. , R. 2 W. , M.D. B & M, with the southwesterly line of that certain 40 foot
right of way as conveyed by A. J. Price and Carol M. Price to California Pacific
Title Insurance Company, by deed dated August 31, 1937 and recorded September 8,
2 Records of Santa Clara
d at page 45 e
f Official Records, County,
1937 in Volume 839 0 , p g ,
California, said point of beginning being distant N. 89° 30' W. , 2.88 feet from a
3/4 inch pipe at the Northeasterly corner of that certain 9.16 acre tract of land
conveyed by George Sheldon Perham et ux to H. S. Watson e t ux as recorded in
Volume 2176 of Official Records, at page 325; and running
thence from said point of beginning along the southwesterly line of said 40 foot
right of way, N. 38° 57' W. , 100.00 feet;
thence running S. 24° 45' E. , 85.37 feet to a point in the south line of said
Lot 2 of Section 8:
thence along said south line of Lot 2, S. 89° 30' E. , 27.12 feet to the place
of beginning, being a portion of said Lot 2 of Section 8, T. 7 S. , R. 2 W. , M.D.B.
& M. , Santa Clara County, California.
PARCEL FOUR:
An easement as reserved in the deed to California Pacific Title & Trust Company
recorded September 8, 1937 in Book 839, page 452 of Official Records, and
described as follows:
A strip of land, 40 feet in width, lying 20 feet on each side of the following
described center line:
Beginning at the southerly termination of the center line of Ravensbury Avenue
as the same is shown upon that certain Map entitled "Map Los Altos Country Club
Properties, Loyola, Santa Clara County, California" which Map was filed for
record in the office of the Recorder of the County of Santa Clara, State of
California, on January 21, 1924 in Volume "R" of Maps, at page 50, run
thence from said point of beginning south 39° 37' East 282 feet, more or
less, to the south line of lot 2, in section 8, township 7 south, range 2
west, M.D.M.
EXHIBIT
Page ,S of $
LIST OFPRINTS -XCEPTIONS AND EXCLUSION y Policy Type)
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- 1973
SCHEDULE B
This policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reason of the following
Part I
1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records
Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the
public records
2 Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons
in possession thereof.
3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records
4 Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public
records
5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof. (c) water rights,claims or title to water.
6 Any right,
title,interest,estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A,or in abutting streets,roads,avenues,
alleys,
lanes,ways Or waterways'but nothing in this paragraph shall modify or limit the extent to which The ordinary right of an abutting owner for access to a physically
open street or highway is insured by this policy.
7. Any law,ordinance or governmental regulation (including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use or
enjoyment of the land, or regulating the character,dimensions, or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions,or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation,
8 Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records,
9 Defects,liens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed or agreed to by the insured claimant;(W not shown by the public records and
not otherwise excluded from coverage but known to the insured claimant either at Date of Policy Or at The date such claimant acquired an estate or interest insured by this
policy or acQ wred the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured
hereunder,(c)
resu,Tin g in no loss or damage to the insured claimant, (d)attaching or created subsequent to Date of Policy;or(e)resulting in loss or damage which would
not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge
2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970(AMENDED 10.17-70 and 10-17-84)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1 (a) Governmental police power.
(b) Any law,ordinance or governmental regulation relating to environmental protection-
(c) Any taw, ordinance or governmental regulation(including but not limited to building and zoning ordmanceO restricting or regulating or prohibiting the occupancy,use
or enjoyment of the land,or regulating The character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,
Id) The effect of any violation of the matters excluded under (a), (b)or (c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been
recorded at Date of Policy in those records in which under state statutes deeds,mortgages,lis pendens,liens or other T,Tle encumbrances must be recorded In order To
7 pa 1"i,�co,strucl,,e notice To Purchasers of the land for value and—Thout knowledge,provided,however,that—thout hm,!at,on,such records shall not be construed
cu de records in any of The off-ces of federal,state or local environmental protection,zoning,building,health or public safety authorities
2 Rights of em,n3nt domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3 Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed 0, agreed to by the insured cla,mani,(b)not known to the Company and not
shown by public the public records but known to the insured claimant either at Date of Policy or at The date such claimant acquired an estate or interest by this policy and not
disclosed,n writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the
insured claimant,(d) attaching or created subsequent to Date of Policy,or (e) resulting in loss or damage which cold not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
NOTE: The 10-17-84 amendments of exclusions 1 and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy",endorsement
number FA-27.1
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY- 1979
EXCLUSIONS
In addition to the Exceptions in Schedule B,you are not insured against loss,costs,attorneys fees and expenses resulting from
I Governmental ponce power, and the existence Or violation of any law or government regulation. This includes building and zoning ordinances and also laws and
regulations Concerning
• land use • land division
• Improvements on the land • environmental protection
This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks
2 The right to take the land by condemning it,unless a notice of taking appears in the public records on the Policy Date
3 Title Risks
• that are created,allowed,or agreed to by you
• that are known to you,but not to us,on the Policy Date-unless they appeared in the public records
0 that result in no loss To you
* that first affect your title after the Policy Date-this does not limit the labor and material hen coverage in Item 8 of Covered Title Risks
4 Failure to pay value for your title
5 Lack of a right • to any land outside the area specifically described and referred to in Item 3 of Schedule A,or
• in streets,alleys,or waterways that touch your land
This exclusion does not limit the access coverage in Item 5 of Covered Title Risks
SCHEDULE B-EXCEPTIONS
In addition to the Exclusions,you are not insured against loss,costs,attorneys'fees,and expenses resulting from
I. Any rights,interests or claims of parties in possession of the land not shown by the public records
2 Any easements or liens not shown by the public records.
This exception does not limit the lien coverage in Item 8 of Covered Title Risks
3. Any facts about the land which a correct survey would disclose and which are not shown by the public records
This exception does not limit the forced removal coverage in Item 12 of Covered Title Risks,
4, Any water rights,claims or title to water on or under the land, EXHIBIT
Continued on Next Page Page (6 of
FORM 4288-1 IREV,3/85) ..
4. AV 'CAN LAND TITLE ASSOCIATION LOAN POLIO'- 1970
WITH A.L.T.A. L 4SEMENT FORM 1 COVERAGE (AMENDED A 10 and 10-17-84)
SCHEDULE OF EXCLUSIONS FROM COVERAGE
Governmental
police
0''c'p 0',`
:b� Any l 'a in r. ordinance or governmental regulation relating to environmental protection
c Any a. dance or governmental regulation(including but nor limited to building and zoning ordinances)resivicnrig or regulating or prohibiting The,occupancy,use
or enjoy-of",nor the i'In d,or regulating the character,dimensions or location of any improvement now 0,hereafter erected on the land,or prohibiting a separation in
ownership
Or a change
1,"1 inti the d1rin"sions or area of the land or any parcel of which the land is or was a part
(d) The effect of any violation of the matters excluded under (a), (b)or (c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been
recorded at
Date
of Policy in those, records in which under state statutes deeds,mortgages,Its pendens,liens w other title encumbrances must be recorded in order to
co
nstrue onst,uc rive nonce to purchasers of the land for value and without knowledge,provided,however,that without limitation,such records shall not be construed
to-dude records in any of the offices of federal,slate o,local environmental protection,zoning,bu,ld,ng,health Or Public safety authorities
2 Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy.
3, Defects,liens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed of agreed to by the insured claimant,(b)not known to the Company and not
hostrinbrit the public records but known to the insured claimant either,ai Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or
acquire d he insured mortgage and not disclosed in writing by the insured claimant to the Company prior To the date such insured claimant became an insured hereunder,fc)
resulting in no loss or damage�o the insured clamant; in
T, to)attaching or created subsequent to Date of Policy (except to the extent insurance is afforded hereasloany
statutory
latu t cry hen f or I abor of material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of
Policy')
4 1-1,finforct of the lien of the insured morligarg,because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with
applicable"doing business' laws of the state in yjvhicin the land is situated
NOTE: The 10 17 84 amendments of iffirclus,ons I and 2 above will be incorporated into The policy by attachment of an"Endorsement Amending Policy",endorsement
number FA 27 1
5. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY FORM B- 1970(AMENDED 10-17.70 and 10-17-84)
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS FROM COVERAGE
1 la) Governmental police power.
�(b) Any law,ordinance or governmental regulation relating to environmental protection
cf Any law,ordinance or governmental regulation(including but not limited to building and zoning ordinances)restricting or regulating or prohibiting the occupancy,use
or a'I oviritin of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in
ownership of a change in the dimensions or area of the land or any parcel of which the land is or was a part,
fdi The effect of
any sit o i arron of the matters excluded under la), (W of (c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been
recorded at Date of Policy in those records in which under state statutes deeds,mortgages.Its pendens,liens or other title encumbrances must be recorded in order to
impart constructive notice to purchasers of the land for value and without knowledge;provided,however,that without limitation,such records shall not be construed
-dud
e c de records in any of the offices of federal,state or local environmental protection,zoning,building,health or public safety authorities
2. Rights of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy,
3. Defects, lift encumbrances,adverse claims,or Other matters(a)created,suffered,assumed or agreed to by the insured claimant:(b)not known to the Company and not
shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not
disclosed in w1ii,ng by the insured claimant to The Company prior to the date such insured claimant became an insured hereunder,(c)resulting in no loss or damage to the
insured claimant. tcl}attaching or created subsequent to Dale of Policy,or or) resulting in loss or damage which would not have been sustained if the insured claimant had
paid value for the estate or interest insured by this policy.
NOTE: The 10.17.84 amendments of exclusions I and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy'',endorsement
number FA 27 1
SCHEDULE B
This policy does not insure against loss or damage by reason of the matters shown in parts one and two following
Part One
I Taxes
or assessments which are riot shown as existing liens by the records of any Taxing authority that levies taxes or assessments on real property or by the public
records
2. Any facts,rights, interests,or claims which are not shown by The public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof
3 Easements,cta,ms of easement or encumbrances which are not shown by The public records
4. Discrepancies, conflicts in boundary lines, shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by
public records
5 Uncudented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water.
6. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records,
6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY- 1970
WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70 and 10-17.84)
WITH REGIONAL EXCEPTIONS
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy
I (at Governmental police power.
b) Any law,ordinance or governmental regulation flit to environmental protection
c) Any
law,ordinance or governmental regulation{including but not limited to building and zoning ordinances!restricting or regulating or prohibiting The occupancy,use
or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in
ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part
(d) The effect of any violation of the matters excluded under la), to)or 1c)above,unless notice of a defect,lien or encumbrance resulting from a violation has been
recorded at
Date of Policy in those records in which under state statutes deeds,mortgages,Its pendens,liens or other Title encumbrances must be recorded in order to
impart constructive notice to purchasers of the land for value and without knowledge,provided,however,that without limitation,such records shall not be construed
to inc de records in any of the offices of federal,state or local environmental protection,zoning,building,health or Public safety authorities
2 R,gh.s of eminent domain unless notice of the exercise of such rights appears in the public records at Date of Policy,
3 Defects,hens,encumbrances,adverse claims,or other matters (a)created,suffered,assumed or agreed to by the insured claimant,(b)not known to the Company and not
show,by the
public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy of
ui acqred the in sued mortgage and nor disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder,(c)
resulting in no
loss or damage to the insured claimant;to)attaching or created subsequent to Date of Policy lexcept to the extent insurance is afforded herein as to any
statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of
Policy-1
4 Unenforcert of the hen of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with
applicable"doing business"laws of the state in which the land is situated-
NOTE. The 10 17-84 amendments of exclusions I and 2 above will be incorporated into the policy by attachment of an"Endorsement Amending Policy".endorsement
number FA�27 I
SCHEDULE B
This Policy does not insure against loss or damage by reason of the matters shown in parts one and two following
Part One
1. Taxes or assessments which are not shown as existing hens by the records of any taxing authority that levies taxes or assessments on real property or by the public records
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of
persons in possession thereof.
I Easements,claims of easement or encumbrances which are not shown by the public records
4. Discrepancies,conflicts in boundary lines,shortage in area,enchroachments,or any other facts which a correct survey would disclose,and wh, bl,c
records
5 Unpatented mining claims,reservations or exceptions in patents or in Acts authorizing the issuance thereof.water rights,claims or title to water,
& Any lien,or right to a lien,for services,labor of material theretofore or hereafter furnished,imposed by law and not shown by the public records Page 7 of
FORM 42882(REV 3/85)
1
Yet,Yet, 4 J A r ^�� l EIASIS OF SEARING{
1
� �111Aw:tyKN't371sd1A►IMper�t�rtMlr�rn:e>I
•�KJ!' rIM O.M{ ML tof Y,of flan e•ftfcs,*;I 7X40 417 Atl7"n vied
_ ��� •• �� raAhAeuf.✓aaneyfA-AiVAy.
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f ' AVENUE , arc
14AL11"60
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m
Ap
/ • ........._• Jp'otrv�M.v ..............irsa / ., .. PARCEL Z -- i a F
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PARCEL 1 w Aa
's` j 4.1051 Ac
1k `I�� 1� 1 r T •...
y•* na„ _—_rY p'�l ' rt11000'� M �t�r rpttKA �A t r
NOTICE
'•....�p F r0Y .. 41. f
♦ r o +e , I NC. UKOR R Rr MY U NOT 10 A fY O7 LAND 0y
• T � K OU[D w000 ANT WR
v y �a'ra ft W M OfNG TNAII
1 1 . rsl►�.{ a QN[A1l WATO a ME FOAML a►"tu OF AS A AR
INTEREST.
I"
IMSr A71{NIfM iRIL OpI►AM►Af1YYp NO UA{IUiI'l0O
,Op IO f R 'M M UAW OMKM MM O4MNrj MOON.
• Warp p ' � P NOTES AND LEGEND PARCEL MAP
t•/dovru saldnfv4"o-, CONSISTING OF TWO(2)SHEFS
'• j.•!F *s4 , { md?uoAcvc'ir/A1i Ce/Yfry/buadory*1jl*, tAw;noKyAL7nys. BEING ALL OF LOTS2 AND 3,AS SHOWN ON THAT CERTAIN'TRACT
t•j ! r •Meohf-"'AAt AW t//fr/Afn 0..JU7(Ar/K ofNA♦J V JV asiu ooMrrrfnvY! NO 32157'RECORDED IN BOOK 184 OF MAPS,AT PAGE 56,SANTA CLAW
a f,,(a*i Y/40"dr•4r COUNTY RECC205 AND LYING WITr11N THE
,� oy • /�f/ ��.rw�f�t �►�u„��7� TOWN OF LOS ALTOS HILLS,CALIF.
NOWACK AND ASSOCIATES,INC.
�—� CIVIL ENGINEERS-SURVIYORS
127 SECOND STREET
LCS ALTOS,CALIFORNIA,94022
SrEET 2 7 2 Vf!Tf
JUL 10 1985
distributors for
adidase
BILL T. CLOSS, President
July 8, 1965
Mid-Peninsual Regional
Open Space District
Attention: Board Members
375 Distel Circle - Suite D
Los Altos, California
Gentlemen:
In as much as the parcel of land being sold to you by Bill T.
and Virginia R. Closs is being sold at below market value and
since Bill T. and Virginia R. Closs will give the adjacent parcel
of land to the Mid-Peninsula Regional Open Space District Trust -
P.O.S.T. , we would like to see this area remain an OPEN SPACE/GREEN-
BELT. The benefit to the District, is the ownership of the road to
access this property.
Hopefully, in your future plans for utilization of these two parcels,
you will find it in your good judgement to respect the wishes of
the Closs Family.
Very truly yours,
'X -
Bill T. and Virginia R. Closs
MAILING ADDRESS: P.O. Box 299, Santa Clara, CA 95052
MAIN OFFICE: 3011 N. First Street, San Jose, CA 95134, Cable: Clossco San Jose(408)946-4333,Telex 910-338-0523
DENVER OFFICE: Merchandise Mart, Room 3391, 451 E. 58th Ave., Denver, CO 82016(303) 297-8456
NORTHWEST OFFICE: Seattle Trade Center, 2601 Elliott Avenue, Room 1325, Seattle, WA 98121 (206)625-9737
SOUTHERN CALIFORNIA OFFICES: 12*821 Western Avenue, Suite K-L-N, Garden Grove, CA 92641 (714) 537-2090(213)430-3819
L.A. Merchandise Mart, 110 E. 9th Street, Suite C-1339, Los Angeles, CA 90079(213)489-1147
M-85-119
(Meeting 85-21
August 14 , 1985)
oe
0 Oftmk
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE 0-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
MEMORANDUM
August 8, 1985
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Award for District' s Docent Program
Announcement: I am very pleased to announce that a major national
award was recently presented for the Docent Program of the Mid-
peninsula Regional Open Space District. The Friends of Parks
and Recreation Award for the Docent Program was given by the
National Association of County Park and Recreation Officials (an
affiliate of the National Association of Counties) . The awards
ceremony was held on July 14, 1985 in conjunction with the
National Association of Counties Annual conference. David Nichols ,
San Mateo County Manager, who was attending the conference ,
graciously agreed to attend the presentation, and he accepted the
award on behalf of the District.
Doug Erskine, who became a District docent in 1976 and has remained
active in the program ever since , will be present at your August 14
meeting to accept the award in behalf of all the docents. The
attached article from the Summer 1985 issue of Openspace recognized
Doug for his years of service and for being a very special volunteer.
Discussion: The Award statement reads in part as follows:
The Friends of Parks and Recreation Award is
given to a Zay individual, or a public or private
organization, responding in an unusual manner
in making a major contribution to benefit park
and recreational programs or facility development
in the United States .
The volunteer docent program, inaugurated in the
spring of 1976, was begun so that the Monte Bello
Open Space Preserve could be opened to the public
in a controlled way, and to educate the public
about the natural wonders of the Land and the value
of open space preservation. A roster of 60 to 70
volunteer docents conduct regularly scheduled and
publicized hikes, as well as special group hikes on
many of the District 's 23 preserves. Approximately
2500 people enjoyed docent-Led activities Last year
and about 1700 hours were donated by docents.
More detailed information on the Program is attached.
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-85-119 Page two
Conclusion: I feel very proud of the contributions the District' s
docents have made year after year toward educating the public
about the natural features of the land and helping site visitors
to have more enjoyment as a result. Joyce Nicholas and her
predecessor Volunteer Coordinators are to be commended for
coordinating an exceptional program which has now received
national recognition. In 1984 the Docent Program received a
Volunteer Citation Award from District IV of the California
Parks and Recreation Society.
I � �
I
Excerpt from Openspace
Summer 1985
DOUG ERSKINE: The District's First
Ten-Year Docent
A familiar sight on Open Space trails California. He immersed himself in
is Doug Erskine, wearing his vest the study of the subject, and has
with all the pockets. A sandwich fits been an active California Native
in one pocket, an orange in another. Plant Society member, serving as
His hand lens is tucked in a small, the local chapter's president.
handy place, and his copy of John Except on Tuesdays, when he
Thomas' Flora of the Santa Cruz volunteers for Recording for the
Mountains of California is always Blind, Doug has led countless inter- v r
accessible in the big back pocket. pretive hikes on several of the trails
When the District's docent pro- of the Preserves. He has done his
gram was organized by Ellie share of pointing out San Andreas '
Huggins in 1976, Doug was a mem- Fault features at Los Trancos, but
ber of the first small group of the sharing of information about the
docents. He is the only one of that native trees, shrubs and wildflowers
group still active in the program. is his specialty. For several years he
This year marks the tenth year Doug made almost weekly visits to the
Erskine has volunteered as a District Waterwheel Creek Trail area of 's
docent. Monte Bello Open Space Preserve
An attorney for 20 years for one of and helped prepare the plant inven
the oil companies, Doug and his wife tory of Black Mountain. In the class-
Leila and three children lived 8 years room using his slides, and in they
in Saudi Arabia. After his retirement field, he has helped teach 8 or 9 %
Y ' y
here, he and Leila attended a Cal- classes of new docent trainees.
ifornia Native Plant Society event; Doug is a very special volunteer.
this was the beginning of Doug's He holds the distinction of being the
interest in the native plants of District's first Ten Year Docent. Photo by Carolyn Caddes
THE DOCENT PROGRAM OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MROSD How, What, W y
The Midpeninsula Regional Open Space District (MROSD) is an independent,
special-purpose district created in 1972 by the voters of northwestern
Santa Clara County for the purpose of acquiring and preserving open space
lands in the foothills, mountains and baylands, outside the urbanized
area. A large part of southeastern San Mateo County was annexed to the
District in an election in June, 1976 .
The MROSD is empowered, acting through its Board of Directors, to spend
its funds to acquire land through purchase or gift, for open space, park
and recreational purposes.
The District is also empowered to create and maintain recreational facil-
ities in order to maximize the effectiveness of its open space preservation
efforts; however, it has been the District's policy to allocate the vast
majority of its funds during the first years of its existence to the acqui-
sition of open space, rather than to the development and maintenance of
facilities and recreation programs. Therefore, the need for volunteers to
supply certain essential services was recognized.
A volunteer program was begun in 1975 to encourage citizen involvement in
projects of the District and to encourage educational and recreational use
of the land. During the first year, volunteers were recruited for jobs
ranging from clipping newspapers to clean-up on a few District properties.
The Docent Program
The volunteer docent program was inaugurated in the spring of 1976. Ten
volunteers signed up to take 50 hours of training in order to interpret
the n,-ltural and cultural history of One of the District 's most significant
properties, the Monte Bello Open Space Preserve. The program was begun so
that the District could open this site to the public in a controlled way
(a parking problem and high potential for fire existed) and to educate the
public about the natural wonders of the land as well as the value of open
space preservation.
Since then there has been annual recruitment and training of new docents
so that a roster of 60 to 70 docents is maintained. Although most of the
docents are new to the field of natural
history interpretation, many have
had formal training in geology or biology. Some are active members of
the California Native Plant Society, Sierra Club and the local Audubon
Society chapter. Included among the docents are school teachers, an urban
planner, scientific illustrators and a Nature Conservancy staff member.
Page Two
The docents conduct regularly scheduled and publicized hikes on many of
the District 's 23 preserves in addition to special hikes requested by
groups of 5 or more people .
Hike themes are developed on geology, wildlife, wildflowers, uses of
native plants and human history of the preserves in addition to the ecol-
ogy of grassland , chaparral and oak woodlands . Weekly hikes on the San
Andreas Fault Trail attract many visitors, including travelers from
abroad, and field trips for school classes are also regularly conducted
by docents on this trail . Other popular docent-led activities include
spring wildflower walks, all day hikes and discovery hikes planned to
introduce the area ' s residents to newly acquired preserves or newly
developed trails. Future docent-led tours will focus on redwood ecology
and life in a salt marsh when access and trails are developed on pre-
serves having these natural communities.
Docents give house and garden tours of a restored historical property
located on Fremont Older Open Space Preserve. A turn-of-the-century fam-
ily winery located on one of the preserves is being restored, and docents
are preparing to lead tours there. Docents give speaking and slide presen-
tations, staff informational booths for the District, occasionally help
with District office tasks , and work on construction and maintenance of
trails. They help train new docents and prepare training materials.
Approximately 2500 people enjoyed docent-led activities last year and
about 1700 hours were donated by docents .
Everyone and anyone may join or request a docent-led activity: individuals,
families, clubs, youth groups, senior groups , school classes, groups -of
people with special needs.
Any member of the public may have the opportunity to hike, tour, photograph,
study or picnic with the guidance of a District docent.
People may be introduced to trails and public recreational lands new to
them. Those who are reluctant to hike by themselves or explore new terrain
on their own often are eager to join a docent-led group.
Natural wonders and historical events are explained, and the increased
awareness and knowledge gained by hike participants enhances their recrea-
tional experiences on the preserves.
Desirable features of the docent program include its availability the year
around to all citizens without fee and its flexibility: hikes and tours are
tailored for each group' s needs .
The agency - MROSD - is benefited in many ways by the docent program. Do-
cents aid in the use and management of the open space lands. Their pre-
sence on the preserves augments the Ranger staff on patrol . They encourage
full enjoyment and careful use of the land and promote the need for open
space. They inform the public about the District and in many cases are the
only link between members of the public and the District. MROSD docents
are good and valuable friends of the District.
M-85-120
Ap (Meeting 85-21
der August 14 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 8 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Tentative Policy Decisions Regarding Use of Eminent Domain,
Implementation of Brown Act Amendments , Acquisition of Land
Outside District Boundaries and Annexation
Discussion: At your July 24 meeting (refer to memorandum M-85-112 of
July 15 , 1985) , you discussed and received additional public input on
the draft policies regarding procedures pursuant to the Brown Act
amendments , acquisition of land outside District boundaries and annexa-
tion. In addition, the members of the Board present indicated they
would be prepared to make initial policy decisions and tentatively
adopt some subsets of the policies at the August 14 Regular Meeting.
The attached draft policies , dated June 30 , 1985 , are the ones you
have been most recently considering and were initially distributed for
the July 10 meeting (see memorandum M-85-108 of July 3 , 1985) .
Director Wendin, who served on the Eminent Domain Committee during
Director Hanko' s absence, has recommended that the following statement
be considered by the Board as a footnote to the proposed acquisition
and sphere of influence policy in light of the fact that the District' s
sphere of influence outside District boundaries has not yet been
included in the Master Plan document.
Transition Provision:
Properties within the District ' s sphere of influence
outside the District' s boundaries shall be treated
as being in the planning areas designated in the
District' s Master Plan. This provision shall remain
in effect until the District' s Master Plan has been
amended to include or exclude such properties from
such planning areas.
Conclusion: As discussed earlier, on August 14 you would make some
initial policy decisions and tentatively adopt some portions of the
policies regarding the use of eminent domain, implementation of Brown
Act amendments, acquisition of land outside District boundaries and
annexation. If appropriate, you could direct staff or request the
Eminent Domain Committee to prepare a revised draft of the policies for
your consideration, based on any action that you take on August 14 .
I recommend that you adopt the process (including the role of staff)
and timing that will be followed in tentatively adopting, reviewing,
and finally adopting the four policies.
LAND ACQUISITION POLICIES
Version I
(Anq unirripro,"ed lot, with trigger'
trail only if -Subject to erninent do m ain)
It is the desire of the District to acquire open space from willing sellers
within the planning areas designated in the District's Mastert'Plan. Et-ninent dot-nain r-o5q tie ►usedonlY it" those instances where all
reasonable attempts at voluntary negotiations fail and the property p ertU in
question is necessary to the open space proilrarn of the District; and
where there are no feasible current or prospective alternate acquisitons
th6t would achieve the District's objectives.
In neqotiatii--ins or discussions with landowners, the Dis-tict staff shall not
threalen eminent domain but will explain relevant law and District policy
if the subject is raised b the landowner. The Board shall approve a
brochure %'-vhich shall explain this policy, include information on the use of
arbitration, open space easernents and contracts, and life estates, for
example, and %-vill encourage eminent domain exerription contracts-'F-ee
attached) and private open space preservation.
In establishing routes for trails, the District shall plan in consultation
with and respect the privacy of developed communities.
EMINENT DOMAIN
Eminent domain shall not be used to acquire all or any part of an
improved property that is riot Susceptible to further subdivision.
In addition the use of eminent dornain shall not be considered except
under the following conditions:
1. there is a request or consent by those owning more than 501% of
the fee interest in the property;
2. the property is unimproved and a subdivision application is
fileO (O—rWO-s pending as of May 1 , 1985) or a division of
ownership is made, or an application for a building_permit is
filed;
3, the property is improved and a subdivision application is
filedMFW-6s pending as of May 1 . 1985) or a division of
ownership is made, but only the unimproved portion of the
property may L e acquired_, provided that:
a. the improvements and surroundinq lands of no less than minimum
lot size under the existing zoning district shall be exempt, and
b. the owner shall be entitled to retain such easements as are needed
for reasonable access and use of the property.
4. in a property. that is susceptible to subdivision or is
unimproved, i portion is required to connect two or more publicly
owned parr or open space parcels, subject to legal requirements
and the follo-Neving conditions:
Land Acquisition Policies 1 Graft - 30 June 65
a. the District Bo,, d finds it necessary to provide a trail connection
between the parcels, and
b. the District has been unable b!4 volunt-dr14 means to acquire land to
connect the parcels viith a safe and usei�fl trail, including
significantly longer and less convenient trail routes. and
C. 'the land for the i--onneclinq trail shall not ordinarily exceed 100 feet
in width, and shall be as fa- r from any existing residence and as
Close to the property line a-S- practicable, and
d. the crwiler shall have the opportunit!4 to deli grate any additional
portions of hiss"her land which rnw y be inclu6d by the District in the
acqui si Lion, and
e. tile o,,,,,ner shall be entitled to retain an easement over the land
acquired by the District, where necessary, for access to the land
retained by the owner.
Policies pursant to restraint of eminent domain shall be adopted by
ordinance, legally noticed and freely publicized in a manner designed to
reach the attention of all_pr
operty owners within the District's
planning areas_
Definitions:
a. improvement --- legal or legally non-conforming
residences, excluding trailers, mobile homes, and
temporary structures.
b. improved --- containing at least one improvement-
C. pLopgrtg --- an assessors parcel
Land Acquisition Policies 2 Draft - 30 June 85
LAftQ ACQUSITION POLICIES
Version 2
(Cf-I a-r-ole `N.Iercsion 1 : exempt lot splits and single lots,
both irl-10t fO1_ SpeCUIdtiOt_1., but use Objective standard)
It is the desire Of the Distict to acquire open space from %,tillinq sellers
within the planning areas designated in the District's Master
Plan. Eminent domain t*na used only in those instances where all
reasonable attempts at voLltllciary negotiations fail and the property in
question is necessary to the Open space proqrarn of the District- and
where there are no feasible current or pros-pecAive -alternate acquisitons
that %vould )chi eta e the District's objectives.
In negotiations Or discu z:'sions- with landowners, the Distict staff shall not
threaten eminent domainbut %,iill explain relevant lavi and District policy
if the subject is raised by the landowner. The Board shall approve a
brochure w' hich shall explFain this PO]ic'4, include information on the use of
arbitration, open space easernents and contracts, and life estates, for
example,
and encourage eminent domain exemption contracts- see
attached) and pri,,iate open space preservation.
In establishing routes for trails, the District shall plan in consultation
viith and respect the privacy of developed communities.
EHINENT D01`1AIN
Eminent domain shall not be used to acquire all or any Part Of an
improved property that is not susceptible to further subdivision.
In addition, the use of eminent domain shall not be considered except
under the follo,Aing conditions:
1. there is a request or consent by those owning more than 50% of
the fee interest in the property;
2. the property is unimproved and a subdivision application is
filedTdF_W6s pending as of May 1 . 1985) or -6--division of
ownership is made, or an application for a building-permit is
file i'i"i][jid that unimprovedproperties shall he exempt
from eminent domain if:
a. not susceptible to subdivision, and not held for speculation
ropert" held btu members of the same family for more
I
than five years is deemed not to be held for speculation);
or
b. susceptible to subdivision, and the division is into only
two properties and is not done for speculation (during anu
ten year p �r 6u
period, one division into two of a property held
members of the some family for more than five years is
deemed not to be done for speculation.;
3. except as provided below at the end of this section, the
property is im -roved and a subdivision application is filed (or
was pending as of Mau 1 . 1985) or a division of ownership is
Land -Poli ci es- 3 Draft - 30 June 65
made, but only the unimproved 7 _Loved portion of the property may be
acquired, provi -ed
the improvements rind -surroundinq lands of no less than rninir-nUrn
lot siteP-
- under the �;Isting Toning district shall b
eexerript, and
b. the owner sTiall be entitled to retain such easements as are needed
for reasonable access and use of the property,
The improv
ed property shall be exempt from eminent domain
if the—diVision is into only two properties and is not done for
speculation. During any ton y ear period. one division into two
of a_p -MhP property held by members of the some family for more,
than five years is deemed not to be done for speculation_
4. in a property whichis susceptible to subdivision or, if not
susceptible, is unimproved but not held for speculation as
provided in paragraph 2 above) -.q-p portion is required to connect.
two or more publicly Q tion
gbvicl owned park or open spa
ce parcels, subject
to legal requirernents and the follcoA,ing condition.
a. the District Board finds it necessary to provide a trail connection
between the parcels, and
b. the District has been unable by voluntary means to acquire land to
connect the parcels with a saf� and useful trail, including
significantly longer and less convenient trail routes, and
c. the. land for the connecting trail s-hall not ordinarily exceed 100 feet
in width, and shall be as far from any existing residence and as
close to the property line as practicable, and
d. the owner shall have the opportunity to desiqnate at-114 additional
portions, of his/her land which maybe included by th6 District in the
acquisition., and
e. the owner shall be entitled to retain an easement over the land
acquired by the District, where necessary, for access to the land
retained by the owner.
Policies pursant to restraint of eminent domain shall be adopted by
ordinance, legallynoticed and freelypublicized in a manner designed to
reach the afte6tion of all_property owners within the District's
planning areas.
Definitions:
a. improvement --- legal or--legally non-conforming
residences, excluding trailers, mobile homes, and
temporary structures.
b. improved --- containing at least one improvement-
c. property --- one or more contiguous assessor's parcels
under common own rship
Land Acquisition Policies 4 Draft - 30 June 65
LN ACT IMPLEMENTATION
I . OPTION ONE.
Withdraw. the current list-
OPTION TWO:
Continue to maintain a list of properties which the District's
negotiator is authorized to discuss with the Board in closed
session but (chose among the following)L
a. include onIq properties for which those owning more than
50'%0 of the fee interest request to remain on the list.-
b- delete properties for which those owning more than 50% of
the fee interest request to be removed-from the list if the
property is:
an improved property
an improved property not susceptible to subdivision
a property not susceptible to subdivision
anU_pEop.!jrtU
2. For those properties not on the list which are to be discussed
at a closed session:
a. list the properties and o% 'mers' names on the published agenda for
the rneetinq's Closed Session if known at the time the agenda
is distributed,
b. orally announce at the beqinniniq of the public meetinq any
p_Eoperties to be disctj'ssed 'which were not included in the
a enga, following the District's Rules of Procedure as to
asdition of items to the Agenda,
c. include in the minutes the names and identification of any
pLop_grtU_publj shed in or added to the agenda,
d. if the landowners) is not already aware that his/her
pLoqerty will be discussed in closed session,_,eiritter, notice
shall-be qiven to the owner(sTof recprd, which shall be mailed at
least 5 d'al4s Prior to The rneeting at* which the propertq is to tie
discussed, or, if approved b .the Board followin6 the
District's Rules of Procedure as to addition of items to the
Agenda, such notice shall he given as soon as practicable
before *or of-ter the meeting.
3. This polio ti shall be publicized in a manner to he determined by the
Board afterlhe policy is adopted.
4. The Board shall cause an explanatory letter to be written to all
landovmers or tenants whom the District has good reason to believe
were offended by the initial list published by the District-
Land Acqui-S.ition Policies- - Other 1 Draft - 30 June 85
D e f i n i t i ci n
a. reqUe.S-t --- the District will make reqUeSt forms available to any
I andowner.
b. property --- one or more continguous assessors parcels
under common ownership
ACQUISITION AND SPHERE OF INFLUENCE BOUNDARY
The District shall limit its acquisition to lands %:%,holly or partially within
the Dist'rict's boundarp and sphere of influence. Any significant extension
C,
of the sphere of influence shall be approved by the LAFCOhaving
jurisdiction and the voters of the entire District.
ALTERNATE:
The District shall limit its acqUi-SitiOt-) to lands wholly within the
District's boundari-I and sphere of influence. Any-extension of the sphere
of influence shall lie approved by the LAFCO having-jurisdiction.
ANNEXATIONS
All annexations shall be according to State law and LAFCO procedures.
Such annexations shall be approved by property owners of land to be
annexed. The District t-naq consider annexation of lands owned biiq the
District or in which the District owns a legal interest; and wilt consider
annexation of properties or land area initiated by LAFCO or by petition.
Land Acquisition Policies - Other 1 Draft - 70 June 65
M-85-118
(Meeting 85-21
August 14, 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 5 , 1985
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Woods, Open Space Planner;
M. Gundert, Associate Open Space Planner
SUBJECT: Final Adoption of the Revised Use and Management Plan
for Thornewood Open Space Preserve
Introduction: The revised Use and Management Plan for Thornewood
Open Space Preserve was presented to you and tentatively adopted
at your July 10 1985 meeting (see report R-85-36 dated July 5 ,
1985) . Two items that were discussed at the meeting warrant
further discussion, as follows:
Discussion : At the suggestion of the leaseholder and at the
request of the Board, staff investigated the possibility of
relocating the entrance driveway and the proposed parking area
approximately 75 feet easterly of the existing driveway. Construction
of this proposed parking area would require 1) an encroachment
permit from CalTrans, and 2) a grading and tree removal permit from
the City of Woodside. Unlike the initial proposal of widening
the shoulder of the existing driveway, the newly suggested location
would involve substantial grading and tree removal. The City' s
ordinances require permits for grading in excess of 100 cubic yards
and cutting trees with diameters greater than 12 inches.
Based on this information, staff feels that the initial proposal
in the Use and Management Plan is the appropriate solution in the
short term for providing parking for 3-4 vehicles , with the
condition that permits be required. The easterly site, though,
will be investigated for a more permanent area but is not being
recommended at this time.
Final adoption of the Use and Management Plan was to be deferred
until the road agreement with the Grandview and Espinosa Road
residents could be finalized, with the understanding that such an
agreement could be concluded in a timely manner. While the agree-
ment is progressing with the District ' s Legal Counsel currently
reviewing the first draft, staff feels the Use and. Management
Plan should return to you for final adoption at this time. The
road agreement would be presented to you for approval at a later date.
Recommendation: I recommend that you adopt the revised Use and Manage-
ment Plan for Thornewood Open Space Preserve in report R-85-36 , with
the understanding that staff will return to you at the time a
suitable road agreement is completed.
M-85-117
(Meeting 85-21
low August 14 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 6 , 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 Use and Management Plan for Purisima
Creek Redwoods Open Space Preserve
Discussion: At your meeting of July 24 , 1985 the Purisima Creek Redwoods
Open Space Preserve Use and Management Plan was presented to you (see
report R-85-40 , dated July 18 , 1985) . At the meeting the plan was amended
to include the following:
E. Natural Resources and Agricultural Management
Existing Use and Management Plan
5 . The two abandoned vehicles on the property (one located on the
north ridge trail and the second along the connecting trail be-
tween the north trail and Harkins Fire Trail) should be removed.
Cost is estimated at $500 with funding to be included in fiscal
year 1985-1986 budget.
New Use and Management Recommendations
2 . Staff will research the dumping problem along Tunitas Creek
Road. Solutions , including constructing a berm alongside the
road, will be investigated.
In addition, a comment was made concerning a problem with tres-
pass on a trail believed to lead off the Preserve in the northerly
direction. If the trail originates on the Preserve it will be
appropriately signed to indicate boundaries and private property.
The plan was tentatively adopted at the meeting, deferring final adoption
to your August 14 meeting to allow for public comment. To date staff has
received one telephone communication expressing concern over the proposed
backpack camp and the potential fire danger it may pose. The precautions
and management procedures outlined in the Use and Management Plan were
conveyed to the interested party.
Recommendation: I recommend that you adopt the Use and Management Plan
as contained in report R-85-40 and as amended herein.
M-85-121
b, (Meeting 85-21
.►�`k August 14 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 8, 1985
To: Board of Directors
From: Stan Norton, Legal Counsel
Subject: Legal Status of Long Ridge Road
Inquiries have been made in recent months
as to the status of Long Ridge Road and the rights and
li.abilities ,of the various parties involved. An oral
report was made at an earlier board meeting, and this
will formalize that report.
Long Ridge Road leaves Skyline Boulevard in
a generally southerly direction and is entirely
situated on District-owned land for approximately one
mile (the "District segment" ) . Near the westerly
boundary of the District's land the road forks into
two branches. The. "southerly" branch continues on
District land and returns to Skyline Boulevard near
the Jokoji (formerly Pacific School) property. The
"westerly" branch leaves District property and generally
serves a number of private parcels in the Portola Park
Heights area. At this point the District has posted a
"private property - no trespassing" sign.
Many of the private properties in the Portola
Park Heights area have a recorded easement over the
"District segment" for access to Skyline Boulevard.
(There is also a road maintenance agreement under which
the private parties and the District share financially
in the upkeep of the road. )
The questions that have been raised have to do
with the use of the "District segment" as a public trail
and with the District' s duty to provide a certificate of
liability insurance naming the Portola Park Heights group
as an additional insured.
In the law of easements the land "burdened" by
the easement is called the "servient" tenement (the
District land) . The land having the right to use the
I
Long Ridge Road - 2
easement is called the "dominant" tenement (the Portola
Park Heights parcels) . As applies to the present situation
the law is well established.
"Every incident of ownership not inconsistent
with the easement and the enjoyment of the same, is reserved
to the g I rantor. 11 3 Witkin Summary of California Law,
Eighth Ed. ;
2051, Real Property Sec. 352. "Under (this
principle) the easement holder must exercise his right so
as not to impose any unnecessary burden on the servient
tenement, and the owner of the servient tenement may make
any use of the property which does not unduly interfere
with the easement. " (Citations) Id, Sec. 353.
"The owner of the servient tenement ha (s) the
right to make any use of the land 'that does not interfere
unreasonably with the easement. ' " Pasadena v. California
Michigan, etc. , Co,- , 17 Cal. 2d 576, 579, 110 P. 2d 983, 985.
Accord: City of Los Angeles v. Ingersoll-Rand Co. (1976)
57 Cal.Ap-p. 3d889, 129 Cal.Rptr. 485, 488.
Thus the District, both as fee owner of the
servient tenement and as a governmental authority empowered
to regulate the use of its lands, may use and allow the
public to use the road in any way "that does not interfere
unreasonably with the easement. "
As to the question of insurance, there appears
to be no special relationahip between the parties that
would justify the District in providing this additional
protection. The District' s insurance broker strongly
recommends against it, in part-because such practice might
well adversely affect the District' s presently favorable
premium structure. It is assumed that all parties concerned
carry adequate insurance to cover their respective potential
liabilities. That this is true in the case of the District
is evidenced by the attached letter of N. Ralph McIntyre
dated July 24 , 1985.
fG &H 1AML5 P' O'BRIFN
FLINN, GRAY N. R."SKIII"McINTYRE
& HERTERICH f DWARD A MILIJR, Ilk,
314 LYTTON AVENUE CHARLES FLINNLYLE GRAY CPCU
I)ALO ALTO, CA 94301 FRANK HERTLRICII
J415) 328-7300 EMPLOYEE BENEFITS DIVISION
JOHN C.O'KELFL,CLU
July 24, 1985
Mr. Stan Norton, Esq.
407 -Sherman Avenue
Palo Alto, CA 94306
RE: PORTOLA HEIGHTS ROAD
Dear Stan:
The Midpeninsula Regional Open Space District maintains a Comprehensive
General Liability policy with primary limits of $ 1,000,000. This policy
has been prepared to defend and indemnify the district in the event suit
is brought against the district.
If, for example, the district holds title to a road or a trail and/or
has primary responsibility to maintain the road or trail, the districts
policy will defend and indemnify the district if suit is brought by an
insured party. This could well be the case if an individual is injured
on Portola Heights Road while a user of District Open Space.
I hope this information is helpful to you. Please call if you have fur-
ther quest'
y
r y yo/ yo rs,
N. Ralp McIntyre
N /j
RM/jw
A (kA M(l t7l'^tii U A 171"�!)i Pl?'101N I HOPI RAI 1 1) 1%1,t1JANC I 10,0KI R MN(A 1926
M-85-122
(Meeting 85-21
August 14 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 8, 1985
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Woods, Open Space Planner
SUBJECT: Proposed Amendments to Long Ridge Open Space Preserve
Use and Management Plan - Trail Alignment and Signing
Introduction: At your meeting of July 10, 1985 you approved an
interim solution and timetable to the Long Ridge Road problem
(see report R-85-37 dated July 5 , 1985) . The timetable called
for your preliminary approval of a permanent solution to the
road and trail conflicts by August 14 , 1985 with a second hearing
on the item to be scheduled on August 28 , 1985. Following this,
at your July 24 , 1985 meeting you reviewed an item concerning
cautionary signing on the Long Ridge Road (see memorandum
M-85-115 dated July 24 , 1985) . You decided at that time to leave
the "road closed" signs in place until the permanent solution is
implemented and to have staff return with recommendations for
permanent signing, also at the August 14 meeting.
Our goal in the following proposal is twofold:
(1) Continue to make all portions of the Preserve visually
and physically accessible, as appropriate, to the public.
(2) Sharply reduce (compared to the original conditions) the
chances of use conflicts between vehicles on one hand and
hikers , equestrians , and bicyclists on the other.
Discussion:
Trails : The attached trails map shows a number of alternative
trail segments which could be utilized to eliminate the vehicle-
trail user conflicts along the sections of Long Ridge Road.
1. Alternate Segment A would be a newly constructed trail which
would generally follow the creek, originating near the
existing main access trail leading from the Grizzly Flat
Parking Area and extending northwesterly across the Long
Ridge Road. Only construction of the first portion of this
trail connecting to the road is being recommended at this
time to provide a short loop from the parking area, down
along the creek, and back to Skyline Boulevard.
2 . Alternate Segment B is an old roadbed which is moderately
steep and in good condition, requiring only a small amount
of tree and brush removal. This trail would connect the
creekside trail to the Long Ridge Road near the top of
M-85-122 Page two
the ridge at the junction of the driveway leading to the
District-owned rental residence (formerly the Bean house) .
From here trail users could cross to the westerly side of
the road and enjoy a prominent and attractively wooded
knoll or travel southerly on the edge of the road, where
there are views of Devils Canyon, to the junction of Diablo
Road. This section of Long Ridge Road would require some
brushing to improve the line of sight and to make the
shoulder more usable.
3. Alternate Segment C would be a newly constructed trail
which would be located on the westerly side of Long Ridge
Road and would pass through an attractive wooded area
avoiding a steeper section of the road. Although the line
of sight and steepness of the road here is considered
marginally adequate for combined use, the new trail is
being recommended because it would significantly enhance
the trail experience.
4. Alternate Segment D would utilize an existing old roadbed
and trail which passes over two knolls and connects to
the junction of the southerly branch of Long Ridge Road
which leads back to Skyline Boulevard via Jikoji. This
road-trail is in good condition and will require only a
minimal amount of brushing.
Signs: The permanent signing being recommended includes two
signs which would be installed back to back at each location
where a trail joins or crosses the Long Ridge Road. As the
trail user comes upon a portion of the road which is not
within the trail system, the sign facing the user would read:
TRAIL USERS
The road ahead is closed to public hiking,
equestrian and bicycle use. Please use
adjoining off-road trails.
Trail l►-
If the trail user reaches a portion of the road which is
intended for combined use, the sign the user would face would read:
TRAIL USERS
The road ahead is open for combined resident
vehicular and public and neighborhood trail
use. Please stay to side of the road.
M-85-122 Page three
In addition, as discussed earlier, staff would like to post a
15 MPH speed limit along the road to help minimize further
use conflicts. The attached map and signing proposal have
been presented to the neighbors. Two meetings with the
neighbors have been postponed, and it is likely that further
discussion and possibly a field inspection may be necessary.
We are, though, recommending that Alternate Segments A through D
and the signing language be tentatively adopted. Changes
could be made in the staff recommendations for the second
reading of these Use and Management Plan amendments, depending
upon the outcome of possible further discussion and field trip.
Construction of these trails would occur in the fall with the
assistance of the neighbors who have volunteered to work on
the project and the Trails Information and Volunteer Center.
Signing would be installed at the same time.
Recommendation: I recommend that you tentatively adopt an
amendment to the Long Ridge Open Space Preserve Use and Management
Plan to include changes in the trail system as reflected on the
attached map, Segments A through D, and the proposed trail-road
and speed limit signs to be placed along Long Ridge Road.
1 COMBINED ' -
f—
� (ROAD & TR,
ALTERNATE SEGMENT A
NEW CREEKS I DE TRAIL
VEHICLES ONLY
V ALTERNATE SEGMENT B \
EXISTING OLD ROAD
COMBINED USE
(ROAD & TRAIL)
ALTERNATE
SEGMENT C
700 - 1000 EXISTING TRAIL
NEW TRAIL
ow
VEHICLES ONLY \ ALTERNATE SEGMENT D
• EXISTING OLD ROAD/TRAIL -
R-85-44
(Meeting 85-21
August 14 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
August 2 , 1985
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods ,
Open Space Planner
SUBJECT: Roberti-Zlberg Urban Open Space and Recreation Program
Grant for Fiscal Year 1985-1986
Introduction: Senate Bill 174 , the Roberti-Z 'berg Urban Open Space
and Recreation Program, was adopted in 1976 to provide funds for
the acquisition and development of recreational facilities . In
the past, the District has used these grant funds to assist in the
acquisition of the Rancho San Antonio Open Space Preserve, Edgewood
County Park, Hassler Health Home property, and Los Gatos Creek
Park project.
Discussion: For fiscal year 1985-1986 the California Park and
Recreational Facilities Act of 1984 , approved by the voters in
June 1984 , provides $45,000 ,000 for this program as direct allo-
cations to local agencies. This year the final $22 , 500 ,000 is
being appropriated statewide, with the corresponding District
allocation being $193 ,825 . The grant conditions include a require-
ment for the District to provide 25% matching funds , making the
total project cost approximately $258 ,000 . The matching funds can
be in the form of a gift. I am recommending submittal of an appli-
cation for acquisition of two parcels for the sum of $265, 000 .
The parcels are currently owned by Peninsula Open Space Trust and
would become additions to the Coal Creek Open Space Preserve and
La Honda Creek Open Space Preserve. In February 1985, the District
applied to the Land and Water Conservation Fund program for the
acquisition of these two parcels which was subsequently unsuccessful
in securing the grant funds (see report R-85-42 , dated February 7 ,
1985) .
The proposed project involves the acquisition of two parcels , both
of which would be purchased on a bargain basis with grant funds.
Both properties are highly desirable acquisitions for the District.
1) Addition to the Coal Creek Open Space Preserve (for map, see
Exhibit A)
The Coal Creek parcel is approximately 10 acres in size and
contains a 2160 foot high grassy knoll which will become the
center of Coal Creek Open Space Preserve. The knoll overlooks
R-85-44 Page two
the rest of the Preserve, affords fine views in all directions,
including the Santa Clara Valley below, and would be a scenic
destination easily accessible from Skyline Boulevard. The knoll
lies about 200 feet below a Caltrans vista point parking area on
Skyline Boulevard. Just north of the vista point is the terminus
of a road connecting Skyline Boulevard and Alpine Road. This
road will provide an easy access route to the knoll from the
Skyline vista point or Alpine Road for hikers, equestrians,
and ranger patrol vehicles. The road continues across Skyline
Boulevard through Russian Ridge Open Space Preserve.
The knoll would become part of a major trail route paralleling
Skyline Boulevard and connecting the District's Monte Bello,
Los Trancos , and Skyline Ridge Preserves with Coal Creek and
Russian Ridge Open Space Preserves.
2) Addition to the La Honda Creek Open Space Preserve (for map,
see Exhibit B)
La Honda Creek Open Space Preserve is a 255 acre preserve located
within unincorporated San Mateo County about 500 feet west of
La Honda Road. There is currently a pending 69 acre acquisition
(Darling property) which , upon close of escrow, will bring the
total acreage to 324 acres . Until this most recent addition
is complete , access is restricted to a 50 foot easement, the
Norgaard easement, from La Honda Road adjacent to a private
residence. It is impassable due to its steepness and hazardous
creek crossing. The Darling acquisition will increase potential
access although the old logging road is in need of a lot of
brushing and repair before it can be used by the public.
The proposed 5.10 acre addition adjoins La Honda Road to the
east and La Honda Open Space Preserve to the west, and will
enhance public access to the Preserve. Approximately 2. 2
miles south of the intersection of La Honda Road and Skyline
Boulevard, it would provide trail access from La Honda Road to
the Preserve. There is a 3-5 car pullout next to the trailhead
on La Honda Road which could provide parking for Preserve visitors .
The trail descends steeply through mixed evergreen and redwood
forest to the Preserve boundary at La Honda Creek. There is a
dilapidated cabin on the property which would need to be
demolished when the property is acquired.
California Environmental Quality Act (CEQA) Compliance
Staff has determined that both acquisitions qualify for a Categorical
Exemption. See attached Notes of Exemption which were included in the
previous grant application for the Land and Water Conservation Fund
program. Both acquisitions are essentially the same projects as
discussed last February.
Recommendation: I recommend that you adopt the attached Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Approving the Application for Grant Funds Under the Roberti-
Zlberg Urban Open Space and Recreation Program (Additions to Coal
Creek Open Space Preserve and La Honda Creek Open Space Preserve
Acquisition Project) .
i
RESOLUTION NO. 85-41
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE APPLICATION FOR GRANT FUNDS
UNDER THE ROBERTI-Z 'BERG URBAN OPEN SPACE
AND RECREATION PROGRAM (ADDITIONS TO COAL
CREEK OPEN SPACE PRESERVE AND LA HONDA CREEK
OPEN SPACE PRESERVE ACQUISITION PROJECT)
WHEREAS the legislature of the State of California has
enacted the Roberti-Z 'berg Open Urban O Space and Recreation Program,
P
which provides funds to certain political subdivisions of the
State of California for acquiring lands and for developing
facilities to meet urban recreation needs; and
WHEREAS, the State Department of Parks and Recreation
has been delegated the responsibility for the administration
of the program, setting up necessary procedures governing appli-
cation by local agencies under the program; and
WHEREAS, said procedures established by the State
Department of Parks and Recreation require the applicant to
certify by resolution the approval of applications prior to
submission of said applications to the State; and
WHEREAS, said applications contain a certification
that the applicant will comply with all federal, state, and
local environmental , public health, relocation, affirmative
action, and clearinghouse requirements and all other appropriate
codes, laws, and regulations prior to the expenditure of the
grant funds; and
WHEREAS, the project (s) applied for under this program
must be of a high priority and satisfy the most urgent park and
recreation needs with emphasis on unmet needs in the most heavily
populated areas;
NOW, THEREFORE, BE IT RESOLVED that the Board of
Directors of the Mid peninsula Regional
ional Open Space District hereb •
1. Approves the filing of an application for fiscal
year 1985-1986 Block Grant funding in the amount
of $193,825 for the Additions to Coal Creek Open
Space Preserve and La Honda Creek Open Space
Preserve Acquisition Project under the Roberti-
Z 'berg Urban Open Space and Recreation Program; and
2 . Certifies that said agency understands the
general provisions of the agreement; and
3. Certifies that said agency has or will have
sufficient funds to operate and maintain the
project (s) funded under this program; and
4 . Certifies that said agency has or will have
available prior to commencement of any work
on the project(s) included in this application
matching money from a non-state source; and
5 . Certifies that the project (s) included in this
application conform to the recreation element of
the applicable city or county general plan; and
6 . Appoints the General Manager or, as assigned by
the General Manager, the Assistant General Manager
as agent of the Midpeninsula Regional Open Space
District to conduct all negotiations, execute and
submit all documents including but not limited to
applications, agreements, amendments, payment
requests, and so on which may be necessary for
the completion of the aforementioned project (s) ; and
7. Appoints Stanley R. Norton as legal counsel for
said agency with authorization to sign the
certification on page 1 of the application.
PI-85-116
(Meeting 85-21
August 14, 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
July 24, 1985
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Revised Legislative Program for 1985-1986
Introduction: At your meeting of February 13, 1985 you adopted
the District' s Initial Legislative Program for the 1985-1986
session of the California State Legislature (see Memorandum
M-85-14 and the Legislative Committee' s Report R-85-08 , both
dated February 5, 1985) . In response to a recruest from the
City of Palo Alto, on July 10, 1985 you added an item, namely,
opposition to AB 2198 (see Memorandum M-85-101 dated June 20,
1985) . The present report gives both the status of the existing
program and recommended additions.
Discussion: Items 1 through 10 of the accompanying table sum-
marize the status of the current Legislative Program. The most
important bill to the District thus far has been AB 13, now
operative law (see item 1 in the table) . This bill, which was
primarily aimed at heading off new Property tax overrides to
fund pension plans, essentially continued existing property
tax allocations formula for various units of local government.
It was almost identical to SB 149 by Senator Marks on which the
District also worked; the Senator dropped his bill eventually
and became co-author of AB 13.
Although items 2 and 3 as originally conceived are probably
long-term in nature, two imnortant bills of similar import,
SB 805 and SB 806 attached '-(items 11 and 12) , have been moving
through the Legislature. The bill of Particular importance to
the District is SB 806 , the proposed $iOO million Community
Parklands Act of 1986 , which would provide about $970, 000 in
funding to the District. We were instrumental in having this
bill amended so that the sharing of funds between counties and
regional park or open space districts is on an automatic pro
rata population formula basis. Some earlier bond acts relied
upon a majority vote of city councils and Park district boards
(1 vote for each agency) in each county to establish a distri-
bution formula which also had to receive the board of supervisors '
approval. This led to considerable political wrangling, and
worked to the detriment of many districts, including the Mid-
Peninsula Regional Open Space District.
M-85-116 Page two
The District-sponsored AB 2253 (items 4 and 5 combined) authored
by Assembly Member Sher, has been moving smoothly through the
legislative process. It passed the Assembly Local Government
Committee (10-0 on May 14) , the Assembly Public Investments,
Finance and Bonded Indebtedness Committee (11-0 on June 10) ,
the Assembly floor (79-0 on June 25) , the Senate Natural Resources
and Wildlife Committee (unanimous, July 10) and the Senate floor
(by consent) . It received only minor amendments in the process
(see attached copy) . The bill has gone to the Governor for
consideration. I represented the District at the hearings
as a witness for Mr. Sher. Ralph Heim of California Advocates
has played a very active role in the District' s Legislative
Program through conversations with legislators and staff on
key bills as the legislation has progressed.
Items 11 through 15 are proposed additions to the Legislative
Program. We were requested at the eleventh hour to oppose
AB 1456 (item 13) authored by Assembly Member Clute, and I
responded (see attached memorandum from Don Dimitratos and
my responses) . Although the financial effect should be rela-
tively small , it would be unfortunate if some of the proceeds
from the recent State bond issue for parks were allowed to be
used by citrus fruit fairs, especially in light of the great
number of worthy traditional parks development applications
that have had to be turned down due to lack of funds.
The District has supported "Bottle Bills" in the past, but these
have failed. Last year the Board supported SB 1470 by Senator
McCorquodale. This year Assembly Member Margolin is carrying
a "Bottle Bill" AB 2020 (item 14) , which is worthy of District
support. It is very similar to SB 1470 except that it exempts
cans but includes liquor and wine bottles (besides beer and
soft beverage bottles) . Attached are copies of a newspaper
clipping and the bill. I am informed that the bill stands
very little chance of success; note that it' s now in the
inactive file.
During the Board' s and Committee' s discussions of Brown Act
change implementation policies over the last few months, there
was support expressed for going back to the Legislature for
amendments to the recent changes in the Brown Act that have
led the District to adopting a listing of properties that
conceivably might be discussed in Closed Session. One approach
that was discussed with Senator Keene' s staff at the time
SB 2216 was being adopted was to allow discussions without
specific notice of particular parcels if the site were within
a designated planning area. There may be alternative approaches.
After you complete your consideration of policies to implement
the Brown Act changes, this item should be considered for re-
ferral to the Legislative Committee for discussion and sub-
sequent recommendation to the full Board.
M-85-116 Page three
One important area in which the District has not been directly
involved so far this session is public liability legislation.
Various bills are being sponsored by the California Parks and
Recreation Society (CPRS) , the League of California Cities,
the East Bay Regional Park District (EBRPD) and others. This
District could become involved later if necessary. The attached
CPRS Legislative Update summarizes the liability bills and
other legislation in which CPRS has an interest.
In your past Legislative Programs you have included opposition
to bills such as SB 834 in 1984 that would have relinquished
public rights in wetlands. These were barely defeated. This
year a similar bill never really got going, as the attached
letter from Jerry Meral, Executive Director of the Planning
and Conservation League, indicates.
Recommendation: I recommend that you adopt additions 11 through 15
to the District' s Legislative Program for 1985-1986.
PROPOSED REVISED LEGISLATIVE_ PROGRAM FOR 19,q9-,q6 ST-.qSTnT,.1
Bill Prime Lead support/oppose/
N N,o. Sponsor Author No Position Priority Summary Status
AD 13 Roos S A Protection of District' s current Signed by Governor
share of property tax
MROSD S A Funding for proposed Bear Creek Red Property not yet
woods State Park if property be- available
comes available at reasonable cost
MROSD S A Funding for trail corridor con- Exploratory dis-
nections, in fee or easements, cussions on ooten-
from MROSD lands to State parks tial legislation
An 2253 MROSD Sher S B Clarification and strengthening
of dedication rules to assure
that trail and open space ease-
ments can be protected by dedi- Passed Assembly
cation - P.R.C. 5540
and Senate; to
Governor
A3 2253 MROSD Sher S B Modernization of repayment
schedule for district debt and
sales requirements to allow, for
example, equal payments of prin-
cipal plus interest rather than
just prinic-pal - P. R. C. 5544 . 1
and 5544 . 2
SB 360 EBRPD Lockyer S B Housekeeping changes to bring In Assembly Ways and
rules regarding filling of board
Means Committee
vacancies into conformity with
Elections Code-P .R.C. 5536 (c)
AB 1563-EBRPD Bates S C Changing audit publication date In Senate Natural
from not later than 90 to not Resources . and Wild-
later than 120 days after end of life Committee
fiscal year-P.R.C. 5554
Housekeeping changes regarding
AD 355 EBRPD Klehs S C In Assembly Local
disposition of district records -
Government Committee
P . R.C. 5557. 1
tem Bill Prime Lead Support/Oppose/ Priority Summary Status
o. No. Sponsor Author No Position
;�B 601 EBRPD R. Campbell NP Allowance of up to $100 compen- Signed by Governor
sation for board member atten-
dance at committee meetings and
field trips, but maintaining $100
daily and $500 monthly maximum
for all meetings -P.R. C. 5536(b)
710 AB 2193 Schools Fclando 0 C Severe limitation of appli- On Assembly floor
cation of Naylor bill requiring
offer of some below-market sale
of surplus school property to
public agencies
--- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
S3 605 Presley S B Wildlife and Natural Areas In Senate Appro-
Conservation Act of 1986 to priations Com-
authorize $85, 000 , 000 State bond mittee
issue for use by Wildlife
Con-
servation Board
2 806 Presley S A Cormunity Parklands Act of 1986 in Senate Appro-
to authorize $100 , 000 , 000 state P-riaticns COMM-
bond issue for local acouisition mittee
and development grants
3 11,2R 1,136 Fairs Clute 0 C Make citrus fruit fairs eligible On Senate floor
for 1984 Park and Recreation
Bond Act funds
14* AE 2020 Margolin S C Require deposit on beverage
In inactive file
bottles
MROSD Modification of Brown Act to allow
Closed Session discussions of
properties within master plan
Z'
-
planning area, possibly withcut a
list or parcel-specific notice
Reco=-,ended addition to Legislative Program
";*Referral to Legislative Committee to he considered
AMENDED IN SENATE JUNE 4, 1985
AMENDED IN SENATE APRIL 16, 1985
AMENDED IN SENATE APRIL 8, 1985
SENATE BILL No. 805
k Introduced by Senator Presley
March 5, 1985
An act to add Seetien la&5 Sections 1355 and 1356 to, and to
add Chapter 8 (commencing with Section 2700) to-Division
3 of, the Fish and Game Code, relating to the financing of a
wildlife, and natural areas enhancement program by .
providing the funds necessary therefor through the issuance
�^ and sale of bonds of the state, by providing for the handling
and disposition of the funds, and by providing for the
submission of the measure to a vote of the people.
LEGISLATIVE COUNSEL'S DIGEST
SB 805, as amended, Presley. Wildlife and natural areas
conservation: bond issue.
Existing law states that it is the policy of the state to
encourage the protection, conservation, and perpetuation of
wildlife resources and significant natural areas under the
jurisdiction and influence of the state.The policy also includes
specified objectives.
This bill would enact the Wildlife and Natural Areas
Conservation Act of 1986, which, if adopted, would authorize
the issuance, pursuant to the State General Obligation Bond
Law, of bonds in the amount of $85,000,000. The funds
generated from the bond sale would be available' for
appropriation to the Wildlife Conservation Board for the
eenseryati acquisition, enhancement, restoration, end or
protection of lands supporting unique, fragile, &44 or,
endangered idle plants; animals, or natural communities,
j ,.
SB 805 —2— —3— SB 805
as defined, and natural areas etftd for other wildlife habitat, as 1 acquisition,from one or more sources other than the Fish
specified. The bill would provide for submission of the bond 2 and Came Preservation Fund
act to the voters at the June 3, 1986, Pir-eet Pr-iffiar-y FAeetkm 3 SEC. 3. Chapter 8 (commencing with Section 2700)
direct primary election. 4 is added to Division 3 of the Fish and Game Code,to read:
Vote: %. Appropriation: no. Fiscal committee: yes. 5
State-mandated local program: no. 6 CHAPTER 8. WILDLIFE AND NATURAL AREAS
7 CONSERVATION ACT OF 1986
The people of the State of California do enact as follows: 8
9 Article 1. General Provisions
1 SECTION 1. Section 1355 is added to the Fish and 0
2 Game Code, to read: 1 2700. This chapter shall be known and may be cited
3 1355. (a) For the purpose of administering Chapter 8 2 as the Wildlife and Natural Areas Conservation Act of
4 (commencing with Section 2700) of Division 3, the board 3 1986.
5 and the department shall augment its existing staff, 4 2701. (a) The fundamental requirement for healthy,
6 whenever possible, by contracting for those services 5 vigorous populations of fish and wildlife is habitat.
7 necessary for the administration of that chapter. Any 6 Without adequate habitat, efforts to conserve and
8 contract shall, however, be entered into only pursuant to 7 manage fish and wildlife resources will have limited
9 Sections 19130 and 19132 of the Government Code and 8 success. Further, California contains the greatest
10 shall be only for the minimum period necessary for 9 diversity of wildlife and plant species of virtually any
11 completion of the particular project or projects for which o state in the nation. gueh tt This rich natural heritage
12 the contract was entered into. 1 enables Californians to enjoy a great variety of
13 (b) Due to the limited duration of the program 2 recreational, aesthetic, ecological, and other uses and
14 authorized by Chapter 8 (commencing with Section 3 benefits of these biological resources. The public interest
15 2700) of Division 3, in the event some services cannot be 4 is served only by ensuring that these resources are
16 provided by contract, any personnel directly hired by the 5 preserved, protected, and propagated for this and future
17 board for the administration of that chapter shall be 6 generations.
18 deefned et tee empleyee.hired, to the extent permitted 7 (b) Many of California's wildlife speeies,, fish, and
19 by Article 2 (commending with Section 19080) of 8 plant species and biological communities are found
20 Chapter 6 of Part 2 of Division 5 of Title 2 of the 9 nowhere else on earth. Without adequate protection and
21 Government Code, as limited-term appointments. 0 management rare native species and communities could
22 SEC. 2. Section 1356 is added to the Fish and Came 1 easily become extinct. In such an event, the benefits they
23 Code, to read: 2 provide to the people of California, whether presently
24 1356., No funds available for appropriation under 3 realized or which remain to be discovered, will be lost
25 subdivision (a) or - (c) of Section 2720 may be 4 forever, and California will be significantly poorer as a
26- encumbered for the acquisition of any land unless funds 5 result.
27 which the departin en t has identified ed as necessary for the 6 (c) The people of California have vested in the
28 operation and maintenance of the land have been made 7 Department of Fish and Game the principal
29 available, or can reasonably be expected to be made 8 responsibility for protecting, - conserving, and
30 ' available not-later Ethan the fiscal year immediately 9 perpetuating native fish, plants, and wildlife, including
d the 0 endangered species and game animals, for their
31 following the year in which the board h
as authorize
I
SB 805 —4— —5— SB 805
1 aesthetic, instrinsic, ecological, educational, and 1
2 economic values.To help accomplish this goal,the people 2 Article 2. Habitat Conservation Program
3 of California have further established a significant natural 3
4 areas program and a natural diversity data base in the 4 2720. Money deposited in the fund shall be available
5 Department of Fish and Game, which is charged with 5 for appropriation by the Legislature to the Wildlife
6 maintaining and perpetuating California's most 6 Conservation Board, for expenditure pursuant to the
7 significant natural areas for present and future 7 Wildlife Conservation Law of 1947, for the following
8 generations. To ensure the perpetuation of areas i g pur-.pes programs:
9 containing uncommon elements of natural diversity and 9 (a) Seventy-five million dollars ($75,000,000) for the
10 to ensure the continued abundance of habitat for more 10 preservation of highly rare examples of the state's natural
11 common species, especially examples of those which are 11 diversity through the acquisition, enhancement,
12 presently threatened with destruction, the purchase of 12 restoration, or protection, or a combination thereof, of
13 land is often necessary. 13 lands supporting California's unique, fragile, threatened,
14 (d) Accordingly, the purpose of this chapter is to 14 or endangered plants, animals, and natural communities.
15 provide the Wildlife - Conservation Board and the 15 (b) Five million dollars ($5,000,000) for the
16 Department of Fish and Game the financial means to 16 acquisition, enhancement, restoration, or protection, or a
.17 correct the most severe deficiencies.in wildlife habitat 17 combination thereof, of critical habitat areas of for fish,
18 and in the statewide system of areas designated for the 18 game mammals, and game birds, including, but not
19 preservation of California's natural diversity through a 19 limited to, the following types:
20 program of acquisition, enhancement, aiid de�elepme 20 (1) Winter deer ranges.
21 restoration, and protection of areas that are most in need 21 (2) Wild trout or steelhead nursery and spawning
22 of proper.conservation. 1 22 areas.
23 2702. As used in this chapter, the following terms 23 (3) Significant routes of migration for wildlife.
24 have the following meanings: 24 (4) Breeding,nesting, and forage areas for sage grouse
25 (a) "Acquisition"means the acquisition of any interest 25 and other upland game birds.
26 in real property. : 26 (c) Five million dollars ($5 000 000) for the
27 (b) "Fund" means the Wildlife and Natural Areas 27 acquisition, enhancement, restoration,
q � or r protection,
coon or
p ,
28 Conservation Fund. 28 any combination thereof, of lands providing habitat for
29 c "Highly rare" means a worldwide rarity-in.in which
O g Y Y 29 threatened, endangered, or full prot
ected
g Y p ectespecies, such
30 any species or natural community occurs in 50 or fewer 30 as the bald eagle, San Joaquin kit fox, desert tortoise,
31 locations, irrespective of whether the species or any 31 bighorn sheep, and peregrine falcon
32 species in the community is listed as threatened or 32 2721. Funds available pursuant to subdivision (a) of
33 endangered or was previously listed as rare. ' 33 Section 2720 shall be expended to acquire, enhance,
34 (d) "Natural community" means a , distinct, 34 restore, or protect lands in California on which any of the
35 identifiable, and reoccurring association of plants and 135 following aturally exists:
36 animals that are ecologically interrelated. 36 (a) ,A unique species or natural community, whose
37 , (e) "Species" means the fundamental biological unit 37 existence at a single location in California is the only .
38 of plant . and animal classification that . comprises a . 38 known occurrence in the world of that particular species
a 39 subdivision of a„genus, but for, the purposes of this 139 or natural community.' ,
40 chapter, species also includes the unit of a subspecies. 40 (b) A species that is so rare that it occurs inA only five.
.. u
f
SB 805 —6— —7— SB 805
1 20 or fewer locations in the world, at least one of which 1 2724. (a) In choosing among two or more parcels of
2 is in California. 2 land to be acquired, enhanced, restored, or protected
3 (c) A natural community that is so rare that it occurs ' 3 with funds available pursuant to subdivision (b) or (c) of
4 in only €0 50 or fewer locations in the world, at least one `, 4 Section 2720, preference shall be given to acquiring,
5 of which is in California. 5 enhancing, restoring, or protecting the parcel that will
6 (d) A richly diversified assemblage of fetw three or 6 result in the least cost to the department for operating
7 more highly rare species or natural communities, or any 7 and maintaining the land.
8 combination thereof, of which at least one of the species 8 (b) Funds available pursuant to subdivisions (b) and
9 or natural communities is found only 1n 20 or fewer 9 (c) er of Section 2720 may be encumbered only for lands
10 locations in the world. ! 10 which constitute habitat that is subject to destruction,
11 2722. (a) Whenever the application of the criteria 11 drastic modification, or significant curtailment of habitat
12 specified in Section 2721 results in the identification of 12 values.
13 two or more parcels of land that are essentially 13 2725. No funds available pursuant to this chapter shall
14 indistinguishable as to their quality, preference shall be 14 be encumbered for any-lands that, due to their degraded
15 given to the parcel on which exists the species that is 15 character, will. not sustain plants or wildlife or will not
16 more threatened or more endangered. 1 16 afford protection to a natural community on a long-term
17 (b) Whenever the application of the criteria specified 17 basis.
18 in Section 2721 results in the identification of two or more 18 2726. With respect to any lands which may be
19 parcels of land that are essentially indistinguishable as to 19 acquired, enhanced, restored, or protected with funds
20 their quality and the degree of threat to, or 20 under this chapter and which could also be eligible for
21 endangerment of, the species. existing on them, 21 funds under Chapter 7 (commencing with Section 2600),
22 preference shall be given to the parcel on which exists 22 funds under this chapter shall not be encumbered for
23 the best example of the species. As used in this 23 those lands until it is determined by the board that funds
24 subdivision, "best example" means the parcel of land and 24 are not likely to be available for those lands under
25 the wildlife inhabiting it which, in considering all factors , 25 Chapter 7.
26 present, represents the better condition, higher quality, .t 26 2727. No funds available for appropriation under this
27 easier defensibility, greater likelihood of long-term i 27 chapter may be encumbered for any purpose described
28 viability, and the lesser costs to be incurred by the 28 in Section 1353.
29 department in operating and maintaining the parcel. 29 2728. An annual amount,not to exceed three hundred
30 2723. Of the total amount available pursuant to 30 fifty thousand dollars ($350,000) may be appropriated
31 subdivision (a) of Section 2720,not more than five million 31 from the fund in the 1986-87 through 1996-97 fiscal years,
32 dollars ($5,000,000) may be encumbered for any single 32 in a particular amount to be determined in each annual
33 acquisition project. In enacting this limitation, the 33 appropriation, to the Wildlife Conservation Board for
34 , Legislature recognizes that there are a number of , 34 expenditure for costs incurred by the board and the
35 important projects meeting the criteria of this chapter 35 department in administering this chapter, including, but
36 but whose acquisition cost would most likely exceed this 36 not limited to, preacquisition studies, planning,
37 limitation. Therefore, in these instances any acquisition 37 appraisals, surveys, and closing costs. The board and the
38 cost in excess of this limitation sly may be met by a 1 38 department shall augment, as needed, any amount thus
39 donation by the owner, donations of funds from private 39 appropriated with any funds appropriated to it from any
40 sources, or other funds from nonstate sources. 40 other source.
SB 805 —8—. j —9—' SB 805
1 Article 3. Fiscal Provisions 1 2744. For purposes of carrying out this article, the
2 2 Director of Finance may, pursuant to appropriate
3 2740. Bonds in the total amount of eighty-five million 3 authority in each annual Budget Act, authorize the
4 dollars ($85,000,000), or so much thereof as is necessary, 4 withdrawal from the General Fund of amounts not to
5 may be issued and sold to provide a fund to be used for 5 exceed the amount of the unsold bonds which have been
6 carrying out the purposes expressed in this chapter and 6 authorized to be sold for the purpose of carrying out this
7 to be used to reimburse the General Obligation Bond 7 chapter. Any amounts withdrawn shall be deposited in
8 Expense Revolving Fund pursuant to Section 16724.5 of 8 the fund.
9 the Government Code. The bonds shall, when sold, be ! 9 Any money made available under this section shall be
10 and constitute a valid and binding obligation of the State 10 returned to the General Fund from money received from
11 of California, and the full faith and credit of the State of 11 the sale of bonds for the purpose of carrying out this
12 California is herebypledged for the punctual payment of 12 chapter.
Pg e e P PY P
13 both principal of, and interest on, the bonds as the 13 2745. All proposed appropriations for the habitat
14 principal and interest become due and payable. 14 conservation program shall be included in s seetien an
15 2741. There shall be collected each year, and in the 1 15 item in the Budget Bill for the 1987-88 fiscal year, and
16 same manner and at the same time as other state revenue 16 each succeeding fiscal year, for consideration by the
17 is collected, in addition to the ordinary revenues of the 17 Legislature and shall bear the caption " Wildlife and
18 state, a sum required to pay the principal of, and interest 18 Natural Areas Conservation Program." The seetien shag
19 on, the bonds maturing each year, and it is hereby made 1 19 eentain sepfwate items setting item shall set forth the
20 the duty of all officers charged by law with any duty in 20 total amount proposed to be appropriated in that fiscal
21 regard to the collection of the revenue to do and perform 21 year for each of the purpeses programs authorized by
22 each and every act which is necessary to collect that i 22 subdivisions (a), (b), and (c) of Section 2720. A list of
23 additional sum. ' 23 acquisition projects for which the appr-aisal has appraisals
24 2742. There is hereby appropriated from the General 24 have been completed by October 1 of each year and a list
25 Fund in the State Treasury, for the purpose of this 25 of enhancement of dement, restoration, or
26 chapter, an amount that will equal the total of the � 26 protection projects for which all preparatory work has
27 following: 27 been completed by October 1 of each year sufficient for
28 (a) The sum annually necessary to pay the principal of, I 28 those projects to be submitted to the board in the next
29 and interest on, bonds issued and sold pursuant to this 29 fiscal year shall be published ift the C et:=s Budget€ef
30 chapter, as the principal and interest become due and i 30 the Bse4 yeff ift whieh the apprepriiati fef these
31 payable. 31 prejeets is to be made. made available by October 15 of
32 (b) The sum necessary to carry out Section 2744, 32 each year to the Joint Legislative Budget Committee for
33 which sum is appropriated without regard to fiscal years. 33 review. From time to time,the board shall make available
34 2743. The proceeds of bonds issued and sold pursuant 34 to the Joint Legislative Budget Committee supplemental
' 35 .to this chapter shall be deposited in the Wildlife and 35 lists of.projects for which an appropriation has been made
36 Natural Areas Conservation :Fund, which is "hereby 36 in the current or succeeding fiscal year. -a
37 created. The money in the fund may be expended only ! 37 All appropriations are subject to all limitations enacted
38 for the purposes specified in this chapter and only 38 in the Budget Act and to all fiscal procedures prescribed
39 pursuant to appropriation by the Legislature in the 39 by law with respect' to the expenditure of state funds,
40 manner prescribed in this chapter. 40' unless expressly exempted from those laws by a.statute
SB 805 =- 10-- — 11— SB 805
1 enacted by the Legislature. The seet-ien item in the 1 1 the programs by Section 2720, for any project eligible
2 Budget Act shall contain proposed appropriations only I 2 under Section 2720 that the Legislature deems to be of
3 for the pfegfftffi eleiii i-ts affd elasses e€ pfeieets 3 the highest priority.
4 programs contemplated by this chapter, and no funds 4 2750. The Legislature hereby finds and declares that,
5 derived from the bonds authorized by this chapter may 5 inasmuch as the proceeds from the sale of bonds
6 be expended pursuant to an appropriation not contained 6 authorized by this chapter are not "proceeds of taxes" as
7 in that seetien item of the Budget Act. 7 that term is used in Article XIII B of the California
8 2746. The bonds authorized by this chapter shall be 8 Constitution, the disbursement of these proceeds is not
9 prepared, executed, issued, sold, paid, and redeemed as 9 subject to the limitations imposed by that article.
10 provided in the State General Obligation Bond Law 10 2751. If any provision of this chapter or the
11 (Chapter 4 (commencing with Section 16720) of Part 3 of 11 application thereof to any person or circumstances is held
12 Division 4 of Title 2 of the Government Code), and all of 12 invalid, such invalidity shall not affect other provisions or
13 the provisions of that law apply to the bonds and to this 13 applications of the chapter which can be given effect
14 chapter and are hereby incorporated in this chapter as ' 14 without the invalid provision or application, and to this
15 though set forth in full in this chapter. 15 end, the provisions of this chapter are severable.
16 2747.. Solely for the purpose of authorizing the 16 EG. 3-
17 issuance and sale, pursuant to the State General I 17 SEC. 4. (a) Except as otherwise provided in this act,
18 Obligation Bond Law (Chapter 4 (commencing with 18 all provisions of law relating to the submission of
19 Section 16720) of Part 3 of Division 4 of Title 2 of the 19 measures and bond acts proposed by the Legislature
20 Government Code), of the bonds authorized by this 20 apply to the measure submitted pursuant to this act.
21 chapter, the Wildlife Habitat Conservation Program ! 21 (b) Section 2 3 of this act shall be submitted to the
22 Finance Committee is hereby created. 22 voters at the June 3, 1986, Direct Primary Election
23 The committee consists of the Controller, the Director 23 pursuant to provisions of the Elections Code governing ,
g .
24 of Finance, and the Treasurer. For purposes of this 24 the submission of statewide measures to the voters at a
25 chapter, this committee is the committee as that term ' . 25 statewide election.
26 is used in the State General Obligation Bond Law, and 26 Ste. 4-.
27 the Treasurer shall serve as chairperson of the 27 SEC. 5. Notwithstanding any other provision of law,
28 committee. 28 all ballots of the election shall have printed thereon, and
29 2748. All money deposited in the fund which, is 29 in a square thereof. the words "Wildlife Habitat and
30 derived from premium and accrued interest on bonds 30 Natural Areas Conservation Act of.1986," and in the same
31 sold shall be reserved in the fund and shall be available 31 square under those words, the following in 8-point type:
32 for transfer to the General Fund as a credit to 32 "This act provides for a bond issue of eighty-five million
33 expenditures for bond interest. 33 dollars ($85,000,000) to provide funds for the
34 2749. Commencing with the Budget Bill for the 34 conservation, enhancement, restoration, and protection
. 35 1997-98 fiscal year, the balance remaining in the fund ° 35 of unique, fragile, and endangered wildlife and natural
36 may be appropriated by the Legislature for expenditure, 36 areas and other wildlife habitat throughout California."
37 ; without regard to the maximum amounts allocated to 37 Opposite the square, there shall be left spaces in which
38 : eaeh elemext of the pregraffi; fef a*y of all elefnents e€ 38 the voters may place a cross in the manner required by
39,' the pregi-am speed ie £eetien 272% of a" ek% ef 39 law to indicate whether they vote for or against the act.
40 elasses e€prejeets within geese lets that the each of 40 Where the voting in the election is done by means of
SB 805 -- 12--
1 voting machines used pursuant to law in the manner that
2 carries out the intent of this section, the use of the voting
3 machines and the expression of the voters' choice by
4 means thereof are in compliance with this section.
5 &K& b: Seetiens 4- aftd 2
6 SEC, 6. Sections 1, 2, and 3 of this act shall become
7 operative July 1, 1986, if the people, at the June 3, 1986,
8 Direct Primary Election, adopt the Wildlife and Natural
9 Areas Conservation Act of 1986, as set forth in Section 2
10 3 of this act. However, only the funds available for
11 appropriation for the purposes set forth in Section 2728 of
12 the Fish and Came Code may be appropriated prior to
13 the 1987-88 fiscal year.
{ i
6
I
O
i
"
1
AMENDED IN SENATE APRIL 16, 1985
AMENDED IN SENATE APRIL 8, 1985
SENATE BILL No. 806
�,.. Introduced by Senator Presley
(Coauthor: Assembly Member Costa)
March 5, 1985
An act to add Chapter 3.7 (commencing with Section 5700)
to Division 5 of the Public Resources Code, relating to
financing of a program of acquiring, developing, improving,
r restoring r property for ark beach rehabilitating, o esto real o e o
g, �' g P P Y P >
recreational, and historical resources preservation purposes
through. the issuance and sale of bonds of the State of
California and by providing for the handling and disposition
of those funds.
LEGISLATIVE COUNSEL'S DIGEST
SB 806, as amended, Presley. Community Parklands
Program: bond issue.
Under existing law, there ' are local assistance grant
programs established for park, beach, recreational, and
historical resources preservation purposes.
This bill would enact the Community Parklands Act of 1986,
which, if adopted, would authorize for those purposes, as
specified, the issuance, pursuant to the State General
Obligation Bond Law,of bonds in the amount of$100,000,000.
The bill would provide for submission of the bond act to the
voters at the June 3, 1986, Direct Primary Election and, upon
approval of the voters, would become operative on July 1,
1986.
Voter % Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
SB 806 —2— —3— SB SW
The people of the State of California do enact as follows. 1 Article 2. Community Parklands Program
2
1 SECTION 1.. Chapter 3.7 (commencing with Section 3 5710. A4 (a) The proceeds of bonds issued and sold
2 5700) is added to Division 5 of the Public Resources Code, 4 pursuant to this chapter shall be deposited in the
3 to read: 5 Community Parklands Fund, which is hereby created.
4 6 (b) All money deposited in the fund shall be available
5 CHAPTER 3.7. COMMUNITY PARKLANDS ACT OF 1986 7 for appropriation in the manner set forth in Section 5735
6 8 in an amount not to exceed one hundred million dollars
7 Article 1. General Provisions 9 ($100,000,000) for grants to counties, cities, and districts
8 10 for the acquisition, development, rehabilitation, or
9 5700. This chapter shall be known and may be cited 11 restoration of real property for park, beach, recreational,
10 as the Community
o uru Parklands Act of 1986.
' n purposes.
tY 12 or historical resources preservation pure
11 5701. The Legislature hereby finds and declares as 13 5711. The (a) All proposed appropriations for the
12 follows: 14 program shall be included in a section in the Budget Bill
13 (a) It is the responsibility of the state to encourage, 15 for the 1987-M fiscal year and each succeeding fiscal year
14 and assist in the provision of,mare adeqtmte better parks 16 for consideration by the Legislature and shall bear the
15 and enhanced recreational opportunitigs for all citizens 17 caption "Community Parklands Program."
16 of California. 18 (b) Commencing with the Budget Bill for the 1990-91
17 (b) Community, neighborhood, and regional parks, 19 fiscal year, any grant funds which were not accepted by
18 beaches, recreational areas, recreational trails, and other 20 a fecipient or were not encumbered by the recipient
19 recreational facilities, and the preservation of historic 21 within the three-year period specified in Section 5721-
20 sites and structures contribute significantly to a healthy 22 shall be available for appropriaton for one or more
21 physical and moral environment and also contribute to 23 projects of the type specified in Section 5712 that the
22 the economic betterment of the state. 24 Legislature deems to be of the highest priority statewide.
23 (c) Many older parks and recreational facilities have 25 (c) All appropriations are subject to all limitations
24 deteriorated to the point where the original investment 26 enacted in the Budget Act and to all fiscal procedures
25 in them may become lost,and prompt action is necessary 27 prescribed bylaw with respect to the expenditure ofstate w"
26 to restore them to usefulness. 28 funds unless expressly exempted from those laws by a
27 (d) Accordingly,it is in the public interest for the state 29 statute enacted by the Legislature. The section in the
28 to assist counties, cities, and districts in providing these 30 . Budget Act shall contain proposed appropriations only
29 facilities for the use and enjoyment of citizens they serve. 31 for the program contemplated by this chapter, and no M
30 5702. As used in this chapter, the following terms 32 funds derived from the bonds authorized by this chapter
31 have the following meanings: 33 ' may be expended pursuant to an appropriation not
32 (a) "District" means any , district authorized by 34 contained in that section of the Budget Act.
33 statute, and whose primary purpose is, to operate and 35 5712. The grant funds authorized for the program
. 34. manage parks or recreational areas or facilities, or any a,36 may be expended by the recipient for any of the
35 combination thereof, except a school district. 37 , following purposes or any combination thereof
36 (b) "Fund" means the Community Parklands Fund. 38 (a) The rehabilitation,improvement, or restoration of
d 37 (c) "Program" means the Community Parklands 39 F deteriorated roads, utilities, and other structures and
38 Program established by this chapter. 40 facilities within existing parks and recreational areas.
SB 806 —4— " —5— SB 806
1 (b) Neighborhood, community, and regional parks. 1 regional park, open-space, or park and open-space
2 (c) Beaches and public accessways to beaches. 2 districts. Each city's and each such district's allocation
3 (d) Historical sites and structures. 3 shall be in the same ratio as the city's or district's
4 (e) Recreational areas and facilities. 4 population is to the combined total of the state's
5 (f) Hiking, bicycling, and equestrian trails. 5 population that is included in incorporated areas and in
6 (g) Development rights and scenic easements in 6 unincorporated areas within districts, except that each
7 connection with any acquisition made for,any purpose 7 city or district shall be entitled to a minimum allocation
8 specified in subdivisions (b) to (f), inclusive, so long as 8 of twenty thousand dollars ($20,000). In any instance in
9 the right or easement directly enhances the enjoyment or 9 which the boundary of a city overlaps the boundary of a
10 usefulness of the acquisition. 10 district, the population in the area of overlapping
11 11 jurisdictions shall be attributed to each jurisdiction in
12 Article 3. Administration 12 proportion to the extent to which each operates and
13 . 13 manages parks and recreational areas and facilities for
14 5720. (a) The grant funds authorized for the 14 that population. In any instance in which the boundary of
15 program shall be allocated to counties,cities,and districts 15 a city overlaps the boundary of a district, and in the area
16 on the basis of their populations, as determined by the 16 of overlap the city does not operate and manage parks
17 Department of Parks and Recreation in cooperation with 17 and recreational areas and facilities, all grant funds shall
18 the Department of Finance on the basis of the most 18 be allocated to the district.
19 recent verifiable census data and such other population 19 * eetx3t-y end re e} �; ; or
20 data as the Departme .(.nt of Parks and Recreation may 20 papk and s digtfiet whose bear-d e€d 9 is
21 require to be furnished by any county, city, or district. 21 fiet a beard e€ eed eaeh eity,end eta d iet
22 (b) Forty percent of the total funds available for 22 (2) Each city and other district whose boundaries
23 grants shall be allocated to counties and regional park, 23 overlap, shall develop a specific plan-for allocating the
24 open-space, or park and open-space districts formed 24 grant funds in accordance with the formula specified in;
25 pursuant to Chapter 3 (commencing with Section 5500). subdivisien aparagraph 1 . If, b
26 Each coup 's allocation shall be in the same ratio as the n ( ) y
26 October 1 1986 the plan has not been agreed to b the
h' t
27 county's population is to the state's total population, 27 affected jurisdictions and submitted to the Department
28 except that each county shall be entitled to a minimum 28 of Parks and Recreation, the Director of Parks and
29 allocation of one hundred thousand dollars ($100,000). In 29 Recreation shall determine the allocation of the grant
30 any county that embraces all or part of the territory of a 30 funds among the affected jurisdictions.
31 regional park, open-space, or park and open-space 31 5721. (a) Individual applications for grants shall be tX
32 district whose board of directors is not the county board 32 submitted to the department for approval as to
33 of supervisors,the amount allocated to the county shall be 33 conformity with the requirements of this chapter. The
34 apportioned between the county and the regional district ° 34 application shall be accompanied by certification from
35 in proportion to the population of the county that is 35 the planning agency of the applicant that the project for
36 included within the territory of the regional district and 36 , which the grant is applied is consistent with the park and J
r 37 the population of the county that is outside the territory 37 recreation element of the applicable city or county's ;
i.o 38 of the regional.district. 38 general plan or the district's park and recreation plan and
39 (c) i (1) Sixty percent of the total funds available for =#39 -will satisfy a high:priority need. In order to utilize
40 grants shall be allocated to cities and districts, other than 40 available' 'grant funds as effectively as possible, .
k °
r.
i
SB 806 —6-- =7— SB 806
1 overlapping or adjoining jurisdictions are encouraged to 1 applicant. No grant funds may be expended for any
2 combine projects and submit a joint application. 2 purpose that is not directly related to the operation and
3 (b) The minimum amount that the applicant may 3 management of parks and. recreational areas and
4 request for any individual project is twenty thousand 4 facilities.
5 dollars ($20,000). i 5 5723. (a) No grant funds authorized by this chapter
6 (c) Every application shall comply with the California 11 6 shall be disbursed until the applicant agrees that any
7 Environmental Quality Act (Division 13 (commencing 7 property acquired or developed with those funds shall be
8 with Section 21000)). 8 used by the applicant only for the purpose for which the
9 (d) Grants that are wholly or partially for the 9 funds were requested and that no other use of the
10 acquisition of real property shall be made on the basis of 10 property shall be permitted except by specific act of the
11 75 percent state funds and 25 percent local matching 11 ,Legislature.
12 funds or property donated to be part of the project. The 12' (b) No funds shall be disbursed unless the applicant
13 grant recipient shall certify to the department that there 13 agrees to maintain and operate the property to be
14 is available, or will become available prior to the 14 acquired or developed for a period commensurate with
15 commencement of any work on the project, matching 15 the type of project and the proportion of state funds and
16 funds or property in the required amount from a nonstate 16 .local matching funds or property allocated to the capital
17 source. Certification of the source and amount or value 17 costs of the project.
18 shall be set forth in the application. 18 5724. Any grant made pursuant to this chapter may
19 (e) The director shall annually forward a statement of '19 be audited at any time by the department.
20 the total amount to be appropriated in each fiscal year for 20 5725. Of the total funds available for appropriation
21 projects approved for grants to the Director of Finance 21 pursuant to this chapter, an amount, not to exceed one
22 for inclusion in the Budget Bill. The amount of grant 22 hundred thousand dollars' ($100,000), may be
23 funds to be allocated to each eligible jurisdiction shall be E 23 appropriated for state administrative costs directly
in t e Governor's Budget for the fiscal year in 24 incurred in connection with this chapter.
24 publishedb g y , P
25 which the appropriation ro riation for those grants is to be made 25
26 and, as soon as possible thereafter, a list of projects for 26 Article 4. Fiscal Provisions
27 which grants have been approved shall be made available 27
28 by the department. 28 5730. Bonds in the total amount of one hundred
29 (f) Grant funds shall be encumbered by the recipient 29 million dollars ($100,000,000), or so much thereof as is
30 within three years of the date the appropriation became 30 necessary,may be issued and sold to provide a fund to be
31 effective, regardless of the date when the project was 31 used for carrying out.the purposes expressed in this
32 approved by the department pursuant to this section. 32 chapter and' to be used to reimburse the Generalq
33 5722. Grant funds may be expended for development, 33 Obligation Bond Expense Revolving Fund pursuant to
34 rehabilitation, or.restoration only on lands owned by, or 34 Section 16724.5 of the Government Code. The bonds
35 subject to a lease or other long-term interest held by, the 35 shall, when sold, be and, constitute a valid and binding
36 applicant.If the lands are not owned by the applicant,the 36 obligation of the State of California, and the full faith and '.
37 applicant shall first demonstrate to the satisfaction of the 37 .credit of the State of California is hereby pledged for the
38 director that the development, rehabilitation, or 38 punctual payment of both principal of, and interest on,
39 restoration will provide benefits commensurate with the .39 the bonds as the principal and interest become due and
40 type and duration of interest in land held by the 40:' payable.!: :. . a
k
SB 806 —8—
—9— SB 806
1 5731. There shall be collected each year and in the 1 for the fiseal year and eaeh sueeeedding fiseal year
2 same manner and at the same time as other state revenue 2 for eensifle Lien by Irrru" Iegis�e aid � bey the
3 is collected, in addition to the ordinary revenues of the 3 eaption " emmunity PeAdaii4s
4 state, a sum in an amount required to pay the principal 4 -(* Gemmeneing with the Budget$414 fer the 493AP
5 , of, and interest on, the bonds maturing each year, and it 5 figea4 year, any grafA ftmds' 'h were net aeeepted by
6 is the duty of all officers charged by law with any duty in 6 a recipient or were net e „um-b ...,,a by the reeipient
7 regard to the collection of the revenue to do and perform 7 within the tbreehyear period spy eiBed in Section 5724
8 each and every act which shall be necessary to collect 8 shall be available for appropr°. en for one or more
9 that additional sum. 9 P�� rnee6ng the eriterta See on that the
10 5732. There is hereby appropriated from the General 10 Cegislature deems to be of the bighest priority statewide-
11 Fund,for the purpose of this chapter,an amount that will 11 je} All cpprepriatiXens are subjeet to all limitation-
12 equal the total of the following: 12 enaeted in the Budget Aet arid to ell f6eal
13 (a) The sum annually necessary to pay the principal of, 13 presefibed by law with respeet to the e*pendi4tire of state
14 and interest on, bonds issued and sold pursuant to this 14 ftm& unless empressly ,., Nfrom these laws by a
T �^ aw
15 chapter, as principal and interest become due and # 15 statute enaeted by the __g _-'- The seet-ien' in the
16 payable. 16 Budget Act eheA eentain proposed appropiations only
17 (b) The sum which is necessary to carry out the 17 for the program eentemplated by this ehapter; and no
18 provisions of Section 5733, appropriated without 18 ftmds derived from the bonds a erized by this ehapter
19 regard to fiscal years. 19 may be e*pended ptffant to an appropriation net
20 Vag, The preeeeds of bonds issued end sold pursuant 20 eentained in that seetien of the Budget Aet.
21 to this ehapter shad be depe4" in the sty 21
22 PaAdands Rutd, whieh is hereby ereated. The money in 22 5734. The bonds authorized by this chapter shall be
the 23 prepared, executed, issued, sold, paid, and redeemed as
23 the ftH3d be�` expended
.and to 24 provided in the State General Obligation Bond Law
24 � this P
� p��sua�tt
ehapter .
s;�eetfied �
25 1% by the Legislature in. the �ner E 25 (Chapter 4 (commencing with Section 16720) of Part 3 of
26 prese—bed in this ehapter. G 26 Division 4 of Title 2 of the Government Code), and all of
27 VtW. 27 the provisions of that law apply to the bonds and to the
28 5733. For the purposes of carrying out this article,'the 28 chapter and are hereby incorporated in this chapter as
29 Director of Finance may, pursuant to appropriate 29 though set forth in full in this,chapter.
30 authority in each annual Budget Act, authorize the 30 57&7-.
31 withdrawal from the General Fund of an amount or 31 5735. Solely for the purpose of authorizing the
32 amounts not to exceed the amount of the unsold bonds 32 issuance and sale, pursuant to the State General
33 which have been authorized to be sold for the purpose of 33 Obligation Bond Law, of the bonds authorized by this
34 carrying out this chapter. Any amounts withdrawn shall 34 chapter, the Community Parklands Program Finance
35 be deposited in the fund. Any moneys made available ' 35 Committee is hereby created. The committee consists of
36 under this section shall be returned to the General Fund 36 the Controller, the Director of Finance, and the
37. from moneys received from the sale of bonds for the 37 Treasurer. For purposes of this chapter, the Community
Y °38 purpose of carrying out this chapter. 38 Parklands Program Finance Committee is "the
-39 : -(a* All proposed appropr ns fei= the 39 committee" as that term is used in the State General
40 program shad be inelttded in&seetien in the 13-wdget$i}} 40 Obligation Bond. Law, and the Treasurer shall serve as
t
SB 8W _10— — 11— SB 806
i
1 chairperson of the committee. 1 to provide funds for acquiring, developing, improving,
2 5qQ& 2 rehabilitating, or restoring urgently needed local and
3 5736. All money deposited in the fund which is 3 regional parks, beaches, recreational areas and facilities,
4 derived from premium and accrued interest on bonds 4 and historical resources."Opposite the square,there shall
5 sold shall be reserved in the fund and shall be available 5 be left spaces in which the voters may place a cross in the
6 for transfer to the General Fund as a credit to 6 manner required by law to indicate whether they vote
7 expenditures for bond interest. ' 7 for or against the act.
8 5739 8 Where the voting in the election is done by means of
9 5737. The Legislature hereby finds and declares that, 9 voting machines used pursuant to law in the manner that
10 inasmuch as the proceeds from the sale of bonds 10 carries out the intent of this section, the use of the voting
11 authorized by this chapter are not "proceeds of taxes" as 11 machines and the expression of the voters' choice by
12 that term is used in Article XIII B of the California 12 means thereof are in compliance with this section.
13 Constitution, the disbursement of these proceeds is not
14 subject to the limitations imposed by that article.
15 5740.-
16 5738. If any provision of this chapter or the
17 application thereof to any person or circumstance is held
18 invalid, that invalidity shall not affect other provisions or
19 applications of the chapter which can be given effect t
20 without the invalid provision or application, and to this
21 end, the provisions of this chapter are severable.
22 SEC.2. Section 1 of this act shall become operative on
23 July 1, 1986, if the voters, at the. June. 3, 1986, Direct
24 Primary Election,adopt the Community Parklands Act of
25 1986, as set forth in Section 1 of this act;except that only
26 the funds available - for appropriation for state
27 administrative costs pursuant to Section 5725 of the O
28 Public Resources Code may be appropriated prior to the
29 1987-88 fiscal year. ,
30 SEC. 3. Section 1 of this act shall be submitted to the
31 voters at the June 3, 1986, Direct Primary Election in
32 accordance with provisions of the Government Code and
33 the Elections Code governing submission of statewide
34 measures to the voters at a statewide election.
35 SEC. 4. Notwithstanding any other provision of law,
36 all ballots of the election shall have printed thereon and
37 in-a' square thereof, the words "Community Parklands
` . 38 Act of 1986," and in the same square under those words, g
39 the following in eight-point type: "This act provides for
40 a bond issue of one hundred million dollars ($100,000,000)
w cl s j A t -v
AMENDED IN ASSEMBLY JUNE 17, 1985
CALIFORNIA LEGISLATURE-1985-86 REGULAR SESSION
ASSEMBLY BILL No. 2253
Introduced by Assembly Member Sher
March 8, 1985
An act to amend Sections 5540, 5544.1, and 5544.2 of the
Public Resources Code, relating to regional'park, park and
open-space, and open-space districts.
LEGISLATIVE COUNSEL'S DIGEST
AB 2253, as amended, Sher. Regional park, park and
!` open-space, and open-space districts.
(1) Under existing law, a regional park, park and
open-space, or open-space district is authorized to take and
hold use enjoy, and lease or dispose of real and personal
JY P
property of every kind for district purposes. A district is
prohibited, with exceptions, from conveying any interest in
any real property actually dedicated and used for park or
open-space purposes, or both, without the consent of a
majority of the voters at a special election.
This bill would authorize the district board of directors to
dedicate an easement or other interest in real property for
park or open-space by the adoption of a resolution er-metien,
and would prohibit the conveyance of any interest so
dedicated as provided above.
(2) Under existing law, a district is authorized to incur
indebtedness for revenue-producing purposes of the district
or to acquire lands and facilities. All indebtedness of a district
is required to be repaid in approximately equal annual
installments over specified periods of time. j
This bill would delete the requirement that indebtedness of
�'` a district be repaid in approximately equal annual
AB 2253 —2— —3— AB 2253
installments and would authorize the indebtedness to be sold , 1 is amended to read:
at not less than 95% of the principal amount in the manner 2 5544.1. Notwithstanding any other provisions of this
determined by the district board of directors at a discount 3 article, the board may borrow money by the issuance of
which equals the underwriter's spread, as specified. 4 promissory notes or other evidences of indebtedness in
Vote: majority. Appropriation: no. Fiscal committee: no. 5 an amount, or of a value, not exceeding, in the aggregate
State-mandated local program: no. 6 at any one time, the greater of 5 percent of the total of
7 the district's general fund and development fund budgets
The people of the State of California do enact as follows. ' 8 for the year in which the loan is made, or the sum of five
9 hundred thousand dollars ($500,000), to be used for any
1 SECTION 1. Section 5540 of the Public Resources 10 revenue-producing purpose for which the district may
2 Code is amended to read: 11 expend funds.
3 5540. A district may take by grant, appropriation, 12 A district shall not exercise the borrowing authority
4 purchase, gift, devise, condemnation, or lease, and may 13 conferred by this section if the district,at any time during
5 hold, use, enjoy, and lease or dispose of real and personal 14 the previous two years, has not met the loan repayment
6 property of every kind, and rights in real and personal 15 requirements of this section and the repayment
7 property, within or without the district, necessary to the 16 provisions set forth in the promissory note or other
8 full exercise of its powers. 17 evidence of indebtedness issued for a loan entered into
9 Lands subject to the grant of an open-space easement 18 pursuant to this section.A district shall not expend,in any
10 executed and accepted b the district in 19 one ear, an amount of money in excess of what it
accordance
P Y ce with Y � Y Y
11 this article are enforceably restricted within the meaning 20 collects in property taxes, state and federal subventions,
12 of Section 8 of Article XIII of the California Constitution. + 21 grants, loans, fees, gifts, bequests, or income from other
13 An easement or other interest in real property rQay be 22 sources.
14 dedicated for park or open-space purposes, or both, by 23 Indebtedness incurred pursuant to this section shall be
15 the adoption of a resolution of tfte4eft by the board of 24 repaid during a period not to exceed five years from June
16 directors,and any interest so dedicated may be conveyed 25 30th of the fiscal year in which it is incurred and shall bear
17 only as provided in this section. 26 interest at a rate not exceeding 10 percent per annum, or
18 A district may not validly convey any interest in any 27 the rate allowed under Section 53531 of the Government
19 real property actually dedicated and used for park or 28 Code, if higher, payable annually or semiannually or in
20 open-space, or both, purposes without the consent of a 29 part annually and in part semiannually.
21 majority of the voters of the district voting at a special 30 Each indebtedness incurred under this section shall be
22 election called by the board and held for that purpose. 31 authorized by a resolution of the board unanimously
23 Consent need not first be obtained for a lease of any real 32 adopted, shall be evidenced by a promissory note or
24 property for a period not exceeding 25 years;and consent 33 contract signed by the president of the board and
25 need not first be obtained for a conveyance of any real 34 attested by the secretary or treasurer, and shall be sold at
26 property if the Legislature, by concurrent resolution, 35 not less than 95 percent of the principal amount in the
27 authorizes a conveyance after a resolution of intention 36 manner determined by the board at a discount which
28 has been adopted by at least a two-thirds vote of the 37 equals the underwriter's spread. The board shall
29 board of directors of the district, specifically describing 38 determine that the discount reflects an underwriter's
30 the property to be conveyed. 1 39 spread which is both reasonable and customary under the
31 SEC. 2. Section 5544.1 of the Public Resources Code 40 prevailing market conditions. One of the two signatures '
4
AB 2253 —4— —5— AB 2253
1 may be by facsimile reproduction. 1 president of the board and attested by the secretary or
2 The indebtedness authorized to be incurred by this 2 treasurer, and shall be sold at not less than 95 percent of
3 section shall be in addition to, and the provisions of this 3 the principal amount in the manner determined by the
4 section shall not apply to, any bonded indebtedness 4 board at a discount which equals the underwriter's
5 authorized by vote of the electors. 5 spread. The board shall determine that the discount
6 Nothing in this section limits or restricts the authority 6 reflects an underwriters spread which is both reasonable
7 of the district to issue promissory notes or deeds of trust 7 and customary under the prevailing market conditions.
8 in the acquisition of real property or the exercise of its 8 One of the two signatures may be by facsimile
9 right of eminent domain subject to the limitations in 9 reproduction. At the time of making the general tax levy
10 Section 5568. 10 after incurring each indebtedness and annually
11 Nothing in this section limits the authority of the 11 thereafter until the indebtedness is paid or until there is
12 district to borrow pursuant to Section 5544.3. 12 a sum in the treasury set apart for that purpose sufficient
13 SEC. 3. Section 5544.2 of the Public Resources Code 13 to meet all payments of principal and interest on the
14 is amended to read: 14 indebtedness as they become due, a portion of the taxes
15 5544.2. (a) A district may acquire all necessary and 15 levied and collected pursuant to Section 50077 of the
16 proper lands and facilities, or any portion thereof, by 16 Government Code, if any, and pursuant to Sections 5545
17 means of a plan to borrow money or by purchase on 17 and 5545.5 shall be levied and collected and set aside
18 contract. 18 sufficient to pay the interest on the indebtedness and the
19 (b) The amount of indebtedness to be incurred shall 19 part of the principal that will become due before the
20 not exceed an amount equal to the anticipated tax 20 proceeds of a tax levied at the next general tax levy will
21 income for the next four-year period derived pursuant to 21 be available.
22 Section 5545 or the anticipated tax income for the next 22 (c) The indebtedness authorized to be incurred by
23 10-year period derived pursuant to Section 50077 of the 23 this section shall be in addition to, and the provisions of
24 Government Code, or both; or, with respect to the East 24 thib section shall not apply to, any bonded indebtedness
25 Bay Regional Park District only, the anticipated tax 25 authorized by vote of the electors.
26 income for the next two-year period derived pursuant to
27 Sections 5545 and 5545.5 or the anticipated tax income for
28 the next 10-year period derived pursuant to Section 50077
i 29 of the Government Code, or both. All indebtedness
30 which is incurred on or after July 1, 1982, pursuant to this
31 section shall be repaid during a period not to exceed 10
32 years from the date on which it is incurred and shall bear
33 interest at a rate not exceeding 10 percent per annum, or
34 the rate allowed pursuant to Section 53531 of the O
35 Government Code, if higher, payable annually or
36 semiannually or in part annually and in part
37 semiannually. Each indebtedness shall be authorized by
38 a resolution adopted by the affirmative votes of at least _ 1
39 two-thirds of the members of the district board, shall be
40 evidenced by a promissory note or contract signed by the
E
JUL 5
M E M 0 R A N D U M
OFFICE OF
MARIN COUNTY PARKS AND RECREATION DEPARTMENT
ro : CSAC, County Parks & Recreation Directors Assoc. DATE Jul__ 12, 1985
F R OM : Don Dimitratos, Legislative Committee Representative
SUBJECT: CPRS Legislative Report
Attached, please find the latest update of the CPRS Legislative Report.
The CPRS Legislative Committee has requested that the Coun-t-y-P' 's, & Recreation
Directors get our local Boards of Supervisors to oppose' AB 1456�, Clute, which
would make citrus fruit fairs and county fairs eligibie-ffr—qira-nts-under the
1984 Park and Recreation Bond Act.
The Bond Act was passed by the people to support parks and recreation facilities
with no mention of fairs. Senator Sam Farr, the author of the Bond'Act, said -
he did not intend to finance fairgrounds with Bond Act funds. However, counties
which have county fairs can apply under the present regulations if the project
is for year-round recreational uses.
In my opinion, we have enough competition among us now for these funds. If
the fairs are also eligible, it would damage our successful Bond Act process.
I would like to urge you to send letters to your Senator, as this bill is going
through the Senate now.
DD:hl '
Attachment
�A Al
11R
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4117
July 16 , 1985
Honorable Alfred. Alquist, Senator
California State Legislature
State Capitol
Sacramento, CA 95814
Dear Senator Alquist:
Assembly Bill 1456 by Assemblyman Clute is in its third reading
on the Senate Floor. This bill would make citrus fruit fairs
and county fairs eligible for grants under the 1984 •Park and
Recreation Bond Act. As an active participant in the Bond Act
measure, I know that the voters were told that the proceeds %,ould
go to cities , counties, and districts which have traditionally
? provided park, beach, recreation and historic preservation services.
There is so much competition for the limited funds among worthy
projects that their distribution should not be further diluted
by allowing citrus fairs , etc. to qualify.
i
I respectfully request that you vote against AB 1456 .
Sincerely yours,
/,/;
Herbert Grench
General Manager
IIG:ej
cc: MROSD Board of Directors
Senator Farr
R. Heim, California Advocates , Inc.
TAIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D 1,LOS ALTOS,CALIFORNIA 94022
(415)9,35-4717
July 16 , 1985
Honorable Rebecca Morgan, Senator .
California State Legislature
State Capitol
Sacramento, CA 95814
Dear Senator Morgan:
Assembly Bill 1456 by Assemblyman Clute is in its third reading
on the Senate Floor. This bill would make citrus fruit fairs and
county fairs eligible for grants under the 1984 Park and Recrea-
tion Bond Act. As an active participant in the Bond Act measure,
I know that the voters were told that the proceeds would go to
cities , counties , and districts which have traditionally provided
park, beach, recreation and historic preservation services. There
is so much competition for the limited funds among worthy projects
that their distribution should not be further diluted by allowing
citrus fairs, etc. to qualify.
I respectfully request that you vote against AD 1456.
Sincerely yours,
Herbert Grench
General Manager
HG:ej
cc: MROSD Board of Directors
Senator Farr
R. Heim, California Advocates , Inc.
E:
A:�ott
e Bi 11 fight -Re turn
An anticipated Assembly floor fight this month,on a 7-5 vote in the Assem- /
in AB 2020, this year's "Bottle Bill," bl Natural Resources Committee.(Seed l in June.
y
• require that beer and soft drink
Hakes it imperative that you contact 5/17/85 Legislative Agenda for more bottles be refillable b 1 1 87 thus
our Assembly Member and. urge sup- detail.) The closeness of the vote indi- T.�' '` Y 1 / >
'.ort• cater the tough fight ahead. And,oppo- , 4 ensuring lowest costs to consumers and
�, ,�;• greater energy savings.
Californians, weary of broken glass nents remain out in force, seeking to �rr • allow retailers to refuse broken
n the beach,along the roadsides,and in convince legislators to oppose this bill. °„� x 07 `" oken or
heir yards and fields, overwhelmingly AB 2020 WOULD: ( . - soiled containers.
r • allow automatic"reverse vendors''
upport enactment of a beverage con- • require a 5c deposit on all beverage " a' to facilitate returns.
Liner deposit law. Yet for 20 years, the containers except aluminum cans. In- „„- •
o o- eluding wine and liquor containers the r. < lead to dramatically increased re-
everage industries and other
pp g q -~ i d cycling rates. Currently, California re-
ents have successfully stymied passage deposit requirement parallels the Iowa
f a deposit law, or"bottle bill." deposit 'only
Exempting aluminum cans cycles 6%of its glass bottles,and 1%of
Until now. For the first time, the bill is done only by one state — Delaware +, ' .�, its plastic bottles. Passage of AB 2020
as passed a legislative committee —which will reconsider including them _ Continued on page 12
12 Loma Prietan/July-August 1985
Continued from front page
ation; California Farm Bureau; League
would result in 90+%recycling ot'glass of California, Cities; Parent-Teacher
bottles, and 80+% recycling of plastic 'Association (PTA); Teamsters Union;
' bottles. United Food and Commercial Workers;
THEBOTTLEBILL WOULDSAVE State Park Rangers Association; Cali-
YOU$$$$$: fornia Association of Four-Wheel Drive -
• Right now,California spends$100 Clubs; California Resource Recovery
million annually in litter clean-up, and Association(includes recycling groups),
$125 million annually in processing cans League of Women Voters; California
and bottles in trash. Enactment of.the Public Interest Research Group; Sierra
bottle bill would reduce these costs . Club;Planning and Conservation League;
dramatically—Maine reduced its litter Californians Against Waste; and other
costs by 58%, Vermont by 31%, after public-interest groups.
enacting bottle bills. WHAT YOU CAN DO: Everyone,
• Soft drinks are 40% cheaper, and contact your state Assembly Member
beer 20%cheaper,in"refillables"than in NOW and urge an "AYE"vote on AB
"throwaways." 2020 when it comes up for a floor vote.
STRANGE BEDFELLOWS: Sup- . Legislators read in the papers that 80%
porters of AB 2020 include such diverse of all Californians support the "Bottle
groups a�c- 'California Medical Associa- Bill"—but most MUSThear from con-
_ . .,
_— inn- Ca!ifbr�ia IJ Ith Officers Associ- stituents to be"`-ue b 'eve, �—
AMENDED IN ASSEMBLY MAY 21, 1985
,•-� CALIFORNIA LEGISLATURE-19£33--S6 REGULAR SESSION
ASSEMBLY BILL No. 2020
Introduced by Assembly Member Margolin
(Principal coauthor: Senator Morgan)
March 8, 1985
An act to add Division 12.1 (commencing with Section
14500) to the Public Resources Code, relating to beverage
containers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2020, as amended, Margolin. Beverage containers:
refund value.
Existing law does not establish a refund value for beverage
containers.
This bill would enact the Beverage Container Reuse and
'-` Recycling Act, which would, with specified exceptions,
establish, and require the payment of, a refund value of not
less than 50 for beverage containers,as defined,used for beer,
wine, and other malt or alcoholic beverages, carbonated '"
mineral and soda waters, and similar carbonated soft drinks
sold or offered for sale in this state on and after June 1, 1986.
The bill would prohibit dealers,as defined,from refusing to
a the refund value on specified empty beverage containers py e p py �
M
and from refusing to accept the containers from consumers,
as defined. The bill would prohibit distributors, as defined,
from refusing to pay the refund value on empty beverage
containers and from refusing to accept the containers from
dealers and redemption centers, as defined. The bill would
require a distributor to pay 11/20 to the dealer or redemption
center for each container which the distributor accepts.
The bill would require a manufacturer, as defined, to
i
ram.
AB 2020 ,
— — .
emboss or permanently affix the rc-fund value upon beverage 1 (e) Several states have significantly reduced the costs
containers sold or offered for sale by the manufacturer on and 2 associated with disposable beverage containers by "�:
after June 1, 1986, in this state, and would also require a 3 requiring that beverage containers carry a refund value
manufacturer to make available by January 1, 1987, for 4 as an incentive for their return.
purchase, by its distributors, each brand, and each size or 5 (f) Refund values on beverage containers sold in
similar size of packaged beverages, it produces and sells in 6 California would significantly increase reuse and J
refillable beverage bottles, as defined. 7 recycling of these containers.
With specified exceptions, the bill would prohibit the g (g) Refund values on beverage containers sold in
adoption or enforcement of ordin�r�ces, resolutions, rules, or g California would result in greater overall employment
regulations of a city, county, or other public agency relating 10 while conserving expensive energy and material
to matters covered by the bill. 11 resources.
Vote: majority. Appropriation: no. Fiscal committee: no. 12 (h) Refund values on beverage containers sold in
State-mandated local program: no. 13 California would result in immediate and dramatic
14 reductions in litter.
The people of the Mate of California do enact as follows: 15 (i) Refund values on beverage containers sold in
16 California would encourage the use of low-cost refillable
1 SECTION 1. Division 12.1 (commencing with Section 17 containers and would be anti-inflationary.
2 14500) is added to the Public Resources Code, to read: 18 0) Refund values on beverage containers sold in
3 19 California would impose few, if any, administrative
4 DIVISION 12.1. BEVERAGE; CONTAINER REUSE 20 burdens because of their self-enforcing nature. r
5 AND RECYCLING 21 (k) Overall, costs to local and state governments
6 22 would be reduced under a system of refund values, due
7 CHAPTER 1. GENERAL PROVISIONS 23 to reduction in litter and solid waste expenditures.
8 24 14502. Unless the context otherwise requires, the
9 14500. i his division shall be known and may be cited 25 definitions in this chapter govern the construction of this ,
10 as the Beverage Container Reuse and Recycling Act. 26 division-.
11 14501. The Legislature finds and declares as follows: 27 14503. "Beverage" means beer, urine, and other malt
12 (a) Littered beverage containers impose a high and 28 or alcoholic beverages, carbonated mineral and soda
13 unnecessary financial and environmental burden on the 29 waters, and similar carbonated soft drinks in liquid form
14 people of California. 30 and intended for human consumption.
15 (b) Littered beverage containers constitute an 31 14504. "Beverage container" means the individual,
16 aesthetic blight,public nuisance, and safety hazard to the 32 separate bottle, eon; jar, carton, or other receptacle, �,`
17 people of California. 33 however denominated, in which a beverage is sold, and tt
18 (e) The disposal of beverage containers after a single 34 which is constructed of 1;n�,gl-ass,glass or plastic,or any
19 use represents a significant, costly, and unnecessary 35 combination of these materials. "Beverage container" `
20 waste of important energy and material resources. 36 does not include ems either of the following.
21 (d) The increasing use of disposable beverage 37 (a) Cups and other similar open or loosely sealed j
22 containers imposes enormous and unjustified costs on 38 receptacles that are filled at the premises of the seller and
23 local governments for municipal solid waste handling and 39 intende,' primarily for use on the pre--ises of the seller,
24 litter control. 40 (b) Aluminum cans. .
a
—5—
-
A��' `�°`�� —4— AB 2020
1 14506. "Glass beverage container" means a beverage 1 14516 "Manufacturer" means any person who
2 container consisting primarily of glass. 2 bottles, cans, or otherwise fills beverage containers for
3 14507. "Plastic beverage container" means a 3 sale to distributors or dealers.
4 beverage container consisting primarily of plastic. 4 -145�:
5 �568- = 1e1 beee e ter=' s 13eere 5 14517. "Refillable beverage container" means a
6 eentainer een-s s p afil-y of erte e- mefe metes. 5 container which v,,ould ordinarily be returned to the
7 44589- 7 manufacturer to be refilled and resold.
8 14508. "Beverage bottle"means a beverage container 54-4549- k"' a
9 consisting primarily of either glass or plastic. 9 14518. "Nonrefillable beverage container" means a
10 4A&iQ-. D container which would not ordinarily be returned to the
11 14509. "Consumer" means every person who 1 manufacturer to be refilled and resold.
12 purchases a beverage in a beverage container for use or 2 4-4528- "
13 consumption, and every person not a distributor who 3 14519. "Place of business of the dealer" means the t
14 lawfully comes into possession of a beverage container, 4 location at which a dealer sells, or offers for sale, � V'
� k
15 whether or not filled with a �B,�verage, including, but not 5 beverages in beverage containers to consumers. "Place of g
16 limited to, lodging, eating, or drinking establishments. 3 business of the dealer" does not mean the location of a
17 4.4544-. T vending machine which dispenses beverages in beverage by
18 14510. "Dealer"means every person in this state who 3 containers.
19 engages in the sale of beverages in beverage containers ) 44524- u
20 to a consumer, excepting a person who sells beverages ) 14520. "Redemption center" means an operation
21 through a vending machine to the extent of those t which accepts from consumers, and pays a refund value
22 beverages actually sold through the machine. ? for, beverage containers.
23 4.4&1-2 3 4 4a2-2-
24 14511. "Distributor" means every person who E 14521. "Use or consumption" includes the exercise of
25 engages in the sale of beverages in beverage containers i any right or power over a beverage incidental to the t
26 to a dealer in this state, including any manufacturer who i ownership thereof, other than the sale, or the keeping or A
27 engages in these sales. ' retention, of a beverage for purposes of sale.
28 445446 3 4 4a25- The p, e isfe of Oit j 4t—sr e=e
29 14515. "Empty beverage container" means a i 14522. This division is a matter of statewide interest `
30 beverage container which is all of the following: f and concern and tf-e is applicable uniformly throughout
31 (a) Has the seal or closure installed by the the state, and it is the intent of the Legislature, in
32 manufacturer broken or removed. S enacting this division, to occupy the whole field of
33 (b) Does not contain foreign materials other than the 4 regulation of refund value of beverage containers as rV
34 residue of the beverage originally packaged in the E provided in this division. Therefore, no city or county, or
35 beverage container by the manufacturer. ! other public agency, may adopt or enforce zany
36 (c) Either bears the refund value embossing required ► ordinance, resolution, regulation, or rule relating to the
37 pursuant to Section 14531, or is a glass refillable beverage refund value of beverage containers, unless expressly
38 container. authorized by this division.
39 !d) if made of glass or plan--:-, is unb-o..ken.
40
ei; °1
AB 2020 __ _._. —7— AB 2020
1 CHAPTER 2. REFUND VALUE 1 and brand sold by the distributor. The distributor shall
2 2 not refuse to pay to the dealer the refund value of the
3 14530. (a) Except as provided in subdivision (b), 3 beverage container established pursuant to Section
4 every beverage container sold or offered for sale on and 4 14530. A distributor shall also pay one and one-half cents
5 after June 1, 1986, in this state shall have a refund value 5 ($0.015) to t�j D deafer for each empty beverage container
6 established by the distributer of not less than five cents 6 which the distributor accepts.
7 ($0.05). 7 14534. A redemption center may be established by
8 (b) Subdivision (a) does not apply to any container 8 any person, subject to appropriate state laws and local
9 which is sold and delivered to a railroad, sleeping car, or 9 ordinances, at which location the kinds, sizes, and brands
10 steamship company, or common carrier operating 10 of beverage containers accepted for refund shall be y
11 vessels, as defined in Section 238 of the Public Utilities 11 clearly pasted. :$
12 Code, operating under .> certificate of public 12 14535. Except as provided by Section 14539, a
13 distributor shall not .refuse to accept from any
13 convenience and necessity, or an air common carrier, for ' .
14 use and consumption on trains, vessels, or airplanes. 14 redemption center, other than a dealer, at the location of
15 14531. On and after June 1, 1986, a manufacturer shall 15 the center, a quantity in excess of 2,000 beverage
r of the kinds sizes and brands sold by the
16 clearly16 containers , ,
indic
ate on ever beverage
y age container sold or
17 off r 17 distributor,
e ed for sale by the manufacturer in this state the
18 refund value of the container established pursuant18 The distributor shall not refuse to pay to the
to
19 Section 14530 by either embossing19 redemption center an amount equal to the refund value
20 container or, if the ontainer is a lass refillable ge
g
beverage 20 of the beverage container established pursuant to Section
21 container,by either embossing the beverage container or 21 14530• A distributor shall also pay one and one-half cents
22 the seal or closure of then "�everage container, or by 22 ($0.015) to the redemption center for each empty
23 securely affixing a clear and ?prominent stamp, label, or 23 beverage container which the distributor accct)ts.
24 other device to the beverage container. 24 14536. A distributor shall not be required to pa} a NIN
25 14532. (a) Except as provided by Section 14539, a 25 manufacturer a deposit on a nonrefillable bevL-rage
26 dealer shall not refuse to accept from any consumer, at 026 container.
27 the place of business of the dealer or at a parking facility 27 14537. A distributor shall not Purchase frou, a
28 specifically provided by the dealer for its customers an 28 manufacturer, and shall not offer for Sale, a bevcr:t�;e in
29 empty beverage container which is of the same kind,size, 29 a nonrefillable beverage bottle % wil a beverage of the
30 and brand sold by the dealer. The dealer shall not refuse 30 same brand and type is a\,ailable from t1w uiantifacturcr
31 to pay to the consumer the refund value of the beverage ! 31 in a refillable beverage bottle of tlu: s:�ri�c sire,or asimilar
32 container. 32 size within five ounces.
33 (b) A dealer may issue refunds for empty beverage 33 14533. � A manufacturer shall r ak—e available by t
34 containers mechanical) b means of an device 34 January 1, 1987, for f)urc lease by all its distributors each
Y Y y ce which 33 brand, and each size or a similar size v%'ithin fly,e ounces,
35 accepts certain containers and issues a cash refund or
36 redeemable credit slip of not less than the refund value 36 of packaged bcyerages it f)r0dIIC •s :111c1 sells irr refillable
37 beverage bottles.
37 of the containers. 38 +b+ tl tryst tqttiy t .tttttttttfttet-ttr-e
38 14533. Except as provided by Section 14539 a ,
39 distributor shall not refuse to accept from any dealer any 39 "4 ltf-t",sn fttrtltt t `til �-ut-t c-tttit�ly
a0 6Attttl-t ` 4 tl'te tWir"n0til ;�tttt4 �A-:ttt-
40 empty beverage container which is of the same kind,size,
a
jai
une/July 1985, Page 5
California Park and Recreation Society
U.
S
t s -
Pat O'Brien a Legislative Chair
AK 200 Support AB 1762. Oppose
McAlister:Liability Bradley:California Coastal Commission: abolition.
•(5/3015 am)Hearing 7/9 • Pending Assembly Natural Resources Committee.
Measure would provide that an owner who has an interest in real property Measure would abolish the California Coastal Commission and require each
shall not be liable for any injury that occurs upon that property during the local governmental entity wholly or partly within the Coastal Zone to comply
course of or after the commission of any specified felonies committed by the with the Coastal Resources Planning and Management Policies.
injured person.
All 1978 Support
AB 230 Support Naylor:Schools:waivers of laws.
McAlister: Liability • (5/29/5 am) Pending Senate Committee Assignment
•(5/16/5am)Referred to Interim Study---DEAD Measure would eliminate current procedure which has allowed some school
Measure would provide that in an action for damages for personal injury, districts to obtain a waiver from first offering surplus property to other public
property damage,or wrongful death,if the plaintiff has sustained an indivisi- entities.
ble injury as the result of the negligence or wrongful conduct of two or more AB 0 Support
202
other persons,and also as a result of the intoxication of the injured person,a AB 202 Beverage containers: refund value.
defendant whose comparative fault in causing the injury is less than the com-
partitive fault of the injured person• is onlyliable for that •(5,21/5 am)Pending Assembly Floor.
portion of the
damages attributable to that defendant's comparative fault. ;Measure would impose mandatory deposit rnr glass or plastic beverage con- I
tainers.
4 AB 300 Support AB 2083 Oppose
Harris: Liability Allen:Subdivisions: park or recreational facilities.
• Pending Senate Floor. • Pending Assembly Local Government Committee.
Measure would provide that an owner of real property shall not be liable for Measure would give a subdivider a credit in•)ieu fees for the value of a clay
any injury that occurs upon that property during the course of or after the commission of any specified felonies. care facility constructed within the development.
A13 2198 Oppose
AB 952 Oppose Felando:Schools:surplus property.
Tucker: Health Occupations Council • 030/5 am)Pending Assembly Floor-inactive File
•(6/4/5 am)Hearing 6/19 Measure would repeal provisions requiring school districts to first offer
Measure would create the Health Occupations Council in the Office of surplus property to other specified public entities to sale.
Statewide Health Planning&Development to provide a review process for
licensure of health care professionals. AB 2325 Oppose
Stirling:School facilities:master plans:state fumling:developer
AB 1194 Oppose/Amend fees-
Ferguson:Subdivision Map Act: in-lieu fees. '(4/16/5 am)Pending Assembly Education Committee.
w Measure would establish a specified schedule for developer fees which
Measure ould
Pending ould drastically
Local Government Committee. would preempt all local procedures and requirements relating to developer
astically after the method by which calculations of land fees.
dedication or in-leiu fees in connection with subdivisions map applications are
calculated; would prohibit cities, counties, and other local public agencies. All 2340 Oppose
when arriving at the amount of its in-lieu fee requirement, from including Agnos•Public agencies:surplus property.
parkland acreages which they do not own, in their formula. Amendment . (:1/25/b am)Pending Assembly Education Committee.
discussions progressing. Measure would revise existing
priorities prescribed for the sale of surplus
school property by requiring such property first be offered for development of
AB 1240 Support low and moderate income housing.Author will not pursue approval of this
Konnyu:Zoning. measure during 1985 and is currently attempting to develop amendments
•Pending Assembly Local Government Committee. which may eliminate our concerns.
Measure would enact legislation declaration regarding the interest of
local governments in preserving residential neighborhoods. AB 2527 Oppose
McClintock:Surplus state&local government property.
AB 1456 Oppose •(5/l/5 am) Pending Assembly Government Efficiency&Cost Control Com-
Clute:Fairs:California Park&Recreation Facilities Act of 19&1. mittee.
Hearing 719.185,Senate Natural Resources& Wildlife Committee. Measure would require that first priority of surplus state land be given to
Measure would specify District Agricultural Associations,Citrus Fruit low or moderate income housing or enterprise zone purposes or program area
Fairs and County Fairs to be eligible for grants under the 1984 Park& purposes pursuant to specified programs;second priority be given to eligible
Recreation Bond Act. school districts;and third priority be given to park and recreation purposes.
Joseph Ternes-Robert Houston 9 CPRS Legislative Advocates .-
•°� =r ,.�. ..
Leisure Litres, Page 6
`�� ..�+.r iyva+��' a���ai���� A��.t+u+���T�• •�'�,�'�"`.,�t4.i+�.s�s��a5a:�+vdC3�s �ii���S�?�F.a��a��,��s�,��r��ir
Legislative Status Report (Continued from page 5) truinder"parcels;and otherwise change various standards and procedures for
the approval of subdivision map-:.
All 2538 Oppose SB 805 Support
Ferguson: Local agency fees. Presley:Wildlife and natural areas conservation:bond issue.
•(4/22/5 am)Pending Assembly Local Govemment Committee. • (6/1/5)un)Hearing 7/1 Senate Appropriations
IN-lea-ure would limit fees to be imposed by local i ow.ernments to amounts Measure would,if approved by the voters,enact the Wildlife and Natural �
actually incurred to furnish the governmental-,crier rather than the•amount Areas Conservation Act of 1986 authorizing issuance of bends in the amount
reasonably required to provide the service. of 585,000,000,for the acquisition,enhancement,restoration,and protection
Of unique,fragile,and endangered wildlife and natural areas and otherwildlife
S13 75 Support habitat, as specified. All bills proposing new general obligation bond issues
Foram Joint oral several liability continue to be"held"on the suspense file in their respective houses,leader-
•(4/15/5 am)Pending Assembly Judiciary Committee. ship remains undecided as to when these proposals will be up for vote.
Measure would provide that in an action for personal injury, property
damage or death where an indivisible injury v:as caused by 2 or more persons. SB 806 Support
the damages shall be equitably apportioned.Allocation of damages would not Presley:Community I'arkland5 Program: bond issue.
apply to intentional injuries as specified. •(4/16/5 am)Pending Senate Appropriations"Suspense"File.
Measure would,if appmved by the voters,authorize bonds in the amount of
SB 303 Support S10(),000.000, for the• rehabilitation, improvement, or restoration of
Roberti: Extended clay-care services. cletcrionted roads•utilities,and other strictures and facilities within existing
•(4/29/5 am)Hearing 7/1,Senate Appropriations parks and recreational areas:neighborhood,community,and regional parks.
Measure sets extended day care programs in State Department of Educa- beach and public accessways to beaches; historical sites and structures:
tion. Superintendent to adopt rules,regulations and set standards.Requires recreational areas and facilities; hiking,bicycling,and equestrian trails.All
Superintendent to enter into contractural agreements with public and private bills proposing new general obligation bond issues continue to be"held"on
agencies for delivery of services;requires funding plan:reimbursement rates; the suspense file in their respective houses,leadership remains undecided as
fees schedule. Superintendent sets qualifications for eligible agencies. to when these proposals will be up for vote.
S50,000,000 appropriation for program participation apportionments. SB 1165 Oppose
Marks:California Environmental Protection Program.
SB 373 Watch • (614/5 am)Pending Assembly Committee Assignment,
McCorquodale:Subdivisions:park dedication. Measure would make substantial changes in existing eligible projects
•(3/26/5 am)Pending Assembly Ways R Means Committee. funded by the California Environmental License Plate Fund,including delc
Measure would extend eligibility for "planned developments" credit to tion of purchasing parklands,coastal accessways,and the enhancement of
community apartment projects, condominium projects, and stock
cooperatives;to receive a credit against land to be dedicated or fees to be paid resources.
for value of private open space within the development. SB 1371 Support
Keene:Liability.
SB 433 Support • Pending Senate Judiciary Committee.
Bergeson: Public liability. Measure would provide that an owner of real property,including a public
•(5/6/5 am) Pending Senate Judiciary Committee. entity,shall not be liable for an injury upon that property during the course
Measure would provide that public property shall be considered to exist in a of or after the commission of any specified felonies,or any attempt to com-
natural condition and unimproved state notwithstanding the performance of mil any of those felonies.
public service-,related to the property,or the presence of improvements so
long as the primary cause of the condition that caused the injury or damage SB 1443 Support
was a natural force. Rosenthal: Public liability.
SB 639 Support • Pending Senate Judiciary Committee.
pp Would provide that in actions against a public entity or employee for
Carpenter: Liability:public entities. damages caused by land failure,the public entity/employee would only be
Pending Senate Judiciary Committee. severely liable for noneconomic damages.
Measure would provide in an action for px•rsonal injury.property damage or
wrongful death where an injury was caused by 2 or more persons,the total SB 1454 Oppose
damages would be equitably apportioned and the public entity/employee tort-
B. Greene Local agencies fees.
feasor would be liable only for damages allocated to it. •(5/15/5 am)Pending Senate Local Government Committee.
SB 6<16 Support/amend
Measure would limit park in-lieu fee dedications to the estimated
�
Mello:Arts education: Local Arts Education
reasonable cost of providing the service.
Hearing�:;,.-. As.embly Education Committee. SC:1 27 Watch
L%leasure would establish the Local Arts Education Partnership Program Seymour:Taxation.
with the objective of developing a locally based approach to arts education inp . Pending Senate Revenue.0 Taxation Committee.
provement by using existing community arts resources to strengthen basic Measure is "companion measure" to SB 730 (above). authorizing
arts skills in the state's public schools. measure to become a ballot proposition.
SB 6-18 Support
Mello: Local arts and Aging Program. „..
• Held in Committees,Senate Appropriations Committee— Dead.
Measure would establish the Local arts for the Aging Program to provide `
funds for g per-
sons. grants to local agencies to make use of the artistic talent of older _ •.:�`;-»;,'�;��^.
xj _
SB 730 Watch
YY r r
a:
Seymour:Taxation
(4/2-1/5 am)Pending Senate Revenue cC Taxation Committee. )
Measure would permit public entities to impose special taxes if approved by w c
G e1 NATIONAL
f
a majority of voters rather than by two-third>of the voters. '�J RECREATION
AND
SB 756 Watch r s
L.Greene:Subdivisions. PARKS`"�
- -
MONTH"
•(6/13/o am)Pending Assembly Committee t\ssrgrnment
Measure would exempt lot line adjustments; prevent the County of"re—
JUN 11 198S
JERRY FERAL
Dear friend of California wetlands:
As you probably know, the bill by Senator Jim Nielsen (SB 834) to
give away thousands of acres of valuable wetlands habitat in the Delta
and the Central Valley was defeated in 1984. Early this year the bill
came back with new authors, including powerful. Assemblymen Costa and
Bane. We viewed the bill as a greater threat than ever because of the
seniority and influence of these legislators. The Planning and
Conservation League quickly began working with a wide variety of
organizations to stop this devastating bill, which would have
restricted public access to some of our most important wetlands and
threatened valuable wildlife habitat throughout the Central Valley.
I 'm glad to report to you that once again we have been successful
in defeating this threat to our Central Valley wetlands environment.
This time the bill was withdrawn by the title industry when the
industry saw the array of forces aligned against it. The title
industry also seems to realize (for the first time) that there are
other alternatives to the bill, such as the Kapiloff land bank program
that was approved by the legislature some years ago. But the industry
could be back later this year, or at any time in the future.
Which brings us to the enclosed message from former State Senator
Peter Behr. The experience with the wetlands bill reinforces the need
in the state capitol for an environmental lobbying organization that
has staying power and a proven track record. That organization is the
Planning and Conservation League. Senator Behr's letter explains the
challenges facing PCL, and why we are considered one of the most
effective lobbying groups in California. We are supported entirely by
membership dues and contributions, which makes it possible to work on
important bills like these.
We appreciate your continued interest in preserving the wetlands
of California, and public access to these lands. We hope you will
become a member of PCL, and help us protect these and other valuable
and irreplaceable resources.
Sincerely,
)O)t�
Jerry Meral
Executive Director
M-85-124
(Meeting 85-21
August 14, 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 9, 1985
TO: Board of Directors
FROM: H. Grench, General Manager
CONTRIBUTORS: C. Britton, Land Acquisition manager; D. Hansen,
Land Manager; and J. Fiddes, Administrative
Services Manager
SUBJECT: Program Evaluation for 1984-1985 Fiscal Year
Discussion: The material for the second program evaluation session
for the 1 84-1985 fiscal year is attached. For each of the District' s
programs and subprograms , staff has summarized- progress on the key
projects and activities for the full 1984-1985 fiscal year. In
addition, the adopted objectives and key projects and activities
for 1985-1986 have been listed, and proposed changes to any key
projects and activities have been typed in italics. Staff will
discuss the reasons for the proposed changes at your August 14
meeting.
The following sections highlight the activities for each of the
programs for the second half of the 1984-1985 fiscal year. You
reviewed progress for the first half of the year at your second
Regular Meeting in January (see report R-85-3 of January 11, 1985) .
A. Open Space Acquisition Program
During the second half of the 1984-1985 fiscal year, the District
acquired 308 acres, including 68 acres of easement title, for a
total purchase price of $568 ,000 , an average of $1, 846 per acre.
These transactions included the Nolte addition to Russian Ridge
Open Space Preserve and the Guenther-Lohr easements at Skyline
Ridge Open Space Preserve. The District also received a gift of
a trail easement through Peninsula Open Space Trust that completed
the Windy Hill Open Space Preserve loop trail system. The Brooks
trail easement at Fremont Older Open Space Preserve helped to solve
an illegal grading problem and provided a future connection to
Stevens Creek County Park.
The Open Space Acquisition Program staff provided the basic mapping
material and information for completion of the listing of property
owners to comply with the Brown Act amendments. Also, the perma-
nent office space search was continued, focusing on the Imperial
Savings site as an interim location and the surplus City of Mountain
View site at the southwest corner of Bailey and Latham Streets as
a permanent location.
M-85-124 r Page two .
B. Open Space Management Program
The Planning, Design and Development Subprogram continued in its
major role of use and management Plan development and review in the
second half of the fiscal year. Plans reviewed during the period
included Los Trancos and Windy Hill Open Space Preserves. Six
other preserve reviews which were to have been completed were re-
scheduled to the current fiscal year due to either other work
priorities , awaiting the completion of public workshops for the
Purisima, Rancho San Antonio, Sierrz Azul and Thornewood Open Space
Preserves , or the completion of the Hassler buildings demolition.
Pre-acquisition plans were also prepared for the District' s four
acquisitions during the second half of the fiscal year. Two Land
and Water Conservation Fund grant applications were prepared for
the acquisition of an addition to the Coal Creek Open Space Preserve
and for the Purisima. Creek Redwoods Open Space Preserve Public
Access project. The latter was subsequently funded through another
grant program.
A large amount of planning and administrative time was spent in
aiding the completion of the Master Plan for the Skyline Ridge Open
Space Preserve, in overseeing the demolition of the former Hassler
Health Home buildings, and in assisting in the preparation of
materials for the Brown Act compliance and District boundary
annexations . Open Space Management staff also worked on the review
of the experimental dog program, the special Board tour with the
San Mateo County Board of Supervisors, development of trail standards,
illegal grading mitigation at the Fremont Older Open Space Preserve,
and preliminary parking area design for the Sierra Azul Open Space
Preserve.
A stable study was completed at Rancho San Antonio Open Space Preserve
and planning staff aided the field staff on the Rancho San Antonio
water system upgrading project. Special efforts were made by
planning and Open Space Management administrative staff to attend
area meetings with neighbors on matters of concern on the Long Ridge,
Rancho San Antonio, Purisima Creek Redwoods , and Thornewood Open
Space Preserves. This subprogram also completed all C.E.Q.A. matters
on District projects requiring compliance. Planning staff members
continued to serve as the District 's liaison with the Midpeninsula
Trails Council, the Santa Clara County Trails and Pathways Committee,
and the Trails Information and Volunteer Center.
The Operations, Maintenance, and Development Subprogram continued
in its major role of providing responsible stewardship of District
lands during the second half of the fiscal year. Approved and
funded Use and Management recommendations on both acquired lands
and new acquisitions progressed well and implementation continued
to be on target. The Ranger Aide program and increased volunteer
support helped to keep implementation on schedule. Field staff
monitored the District ' s experimental dog program and, aided by
the planning staff, completed the Rancho San Antonio water system.
The plan for the redeployment of field staff was implemented with the
addition of the District' s eleventh and twelfth rangers, and this
redeployment has proved to be both cost and time effective. Docent
tours accommodated 500 people on several District sites including
Edgewood County Park, Windy Hill, Monte Bello, Fremont Older, Rancho
San Antonio and Los Trancos Open Space Preserves .
M-85-124 Page three
C . Public Communications and Governmental Liaison Program
This Program' s activities diminished during the second half of the
fiscal year because of the departure of the Public Communications
Coordinator at the end of March . Staff has begun the interview
process for filling the position, which was expanded to full-time,
and the Administrative Services Manager has been filling in as
Public Communications Coordinator. The District received a significant
amount of press during the last six months of the fiscal year due
to the Brown Act listing of property owners , settlement of the
Hassler lawsuit, special features about District sites and recre-
ational opportunities, and general District news , including docent-
led hikes and activities .
The year' s third issue of Openspace was produced and a tour of the
Skyline area was planned for the Board's Special Meeting with the
San Mateo County Board of Supervisors.
D. General Management and Program Support
A significant amount of staff time within the General Management and
Program Support section was devoted, as in past years, to the
coordination and preparation of the Action, P14n, budget, and salary
survey. The new Accounting Specialist did an admirable job in
getting the books in shape after joining the District staff in
January, and the Controller continued to make various cash flow
forecasts and invest temporarily idle District funds . He also
oversaw the issuance of the $4 million promissory note issue.
The Administrative Study was completed by the District' s Personnel
Consultant, and portions of the study were implemented prior to
the close of the fiscal year. Work progressed on the Personnel
Policies and Procedures Manual which has now been reviewed by
management and supervisory personnel. The variety of activities
undertaken in this section during the spring and early summer
impacted the filling of the Public Communications Coordinator
position.
Recommendation : I recommend you accept the program evaluation for
the 1984-1985 fiscal year and adopt the proposed changes in the
1985-1986 Action Plan.
Page four
OPEN SPACE ACQUISITION PROGRAM
Negotiations Subprogram
1984-1985 Objective
The objective of the Negotiations Subprogram is to provide for the
acquisition of all real property rights necessary to secure a
recreational greenbelt in the foothills and baylands, utilizing
the major portion of the District's income.
1984-1985 Key Projects and Activities
1. Eliminate the Previous Land Commitments backlog by completing the
acquisition of the Novitiate, Hybl , and Mt. Umunhum properties.
PROGRESS: The Novitiate and Hybl acquisitions were completed.
The District has extended its offer to purchase the Almaden Air
Force Station (Mt. Umunhum) on four occasions. The Regional
branch of the General Services Administration has approved the
transaction and it is currently under consideration in
Washington, D.C.
2. Convert the budgeted funds in the New Land Commitments budget
category into strategic open space lands at desirable prices
(fair market value or less) including, where possible, private
financing with favorable terms.
PROGRESS: Thirteen ownerships consisting of 20 assessor' s
parcels were acquired during the 1984-1985 fiscal year. These
acquisitions totaled 840 acres (including 162 acres of easement
title) . The total cost of the land was approximately $5 ,000 , 000
with $4 ,000,000 in cash and $1 ,000 , 000 financed privately at
rates averaging 8 . 5% .
3 . Work with Peninsula Open Space Trust to complete at least one
acquisition project, within the District ' s Sphere of Influence,
that significantly furthers the District' s overall open space goals.
PROGRESS: The World College West parcel was transferred from Teninsula
Open Space Trust to the State Lands Commission. The District has
now leased the property from the State Lands Commission for 49 years
at no cost for public access, recreation and open space purposes.
The final easement for the Windy Hill Open Space Preserve trail
was received as a gift through the efforts of Peninsula Open Space
Trust. The Guenther/Lohr transaction was completed adjacent to
Skyline Ridge Open Space Preserve, and a gift of the -one-acre
former Pacific Gas and Electric parcel was transferred to the
District as a matching gift for the San Mateo County Baylands
Reserve grant.
1985-1986 .Obj.ective
The objective of the Negotiations Subprogram is to provide for the
acquisition of all real property rights necessary to secure a
recreational greenbelt in the foothills and baylands, utilitzing the
major portion of the District ' s income.
Page five
1985-1986 Key Projects and Activities
_3 ects�
1. Eliminate the Previous Land Commitments backlog by completing
the acquisition of the Mt. Umunhum property.
2. Convert the budgeted funds in the New Land Commitments budget
category into strategic open space lands at desirable prices
(fair market value or less) including, where possible, private
financing with favorable terms .
3. Work with Peninsula Open Space Trust to complete at least one
acquisition project within the District 's Sphere of influence
that significantly furthers the District' s overall open space
goals. *
May be subject to change based on Policy discussions currently
in progress.
Page six
OPEN SPACE ACQUISITION PROGRAM
Special Projects Subprogram
1984-1985 Objective
The objective of the Special Projects Subprogram is to establish and
maintain a broad base for the acquisition program by coordinating
District efforts with private and other public agencies , to develop
additional acquisition revenue sources , and to provide the critical
information necessary to a successful acquisition program.
1984-1985 Key Projects and Activities
1. Eliminate the Novitiate joint project backlog (see Negotiations
Subprogram) and keep abreast of grants available to the District.
Submit at least one Land and Water Conservation Fund grant request,
at least one Coastal Conservancy grant request, at least one 1984
State Parks Bond Act grant request, and at least one Roberti-Zlberg
grant request, if programs are funded.
PROGRESS: The Novitiate project was completed, and the grant
projects associated therewith were closed. A new Roberti-Z 'berg
project was initiated for the Novitiate project and completed.
The District's one remaining Land and Water Conservation Fund
acquisition project, which is for the San Mateo County Baylands, was
partially completed with the receipt of the PG&E parcel gift
from Peninsula Open Space Trust and the acquisition of the 82
acre Westbay Community Associates property. The District received
a new State Bond Act grant for the development of the Purisima
Creek Redwoods Open Space Preserve. A Land and Water Conservation
Fund grant request for acquistion of an addition to Coal Creek
Open Space Preserve was unsuccessful . No new Coastal Conservancy
grant was 'requested due to the nature of the program.
2. Seek and encourage agencies and groups to undertake sole or joint
acquisition projects which will preserve additional open space.
Initiate at least one joint project with Santa Clara County.
PROGRESS: The major project of encouraging the County of Santa
Clara to acquire the Baldwin Wallace property south of Mt. Umunhum
failed to be funded despite the efforts of Peninsula Open Space
Trust and the District. The County of San Mateo indicated its
interest in turning over a small County parcel in conjunction
with the District ' s development of Purisima 'Creek Redwoods Open
Space Preserve.
3. Analyze, in conjunction with Open Space Management Program, par-
ticular geographic areas of the District, such as the San Mateo
County baylands, to develop acquisition recommendations and
project costs.
PROGRESS: Effort this year concentrated on the development of
the Brown Act property owners list District-wide, rather than
the analysis of any specific areas. No specific progress was
made on the analysis of the San Mateo Baylands area.
Page seven
1995-1986 Objective
The objective of the Special Projects Subprogram is to establish and
maintain a broad base for the acquisition program by coordinating
District efforts with private and other public agencies , to develop
additional acquisition revenue sources , and to provide the critical
information necessary to a successful acquisition program.
1985-1986 Key Projects and Activities
1. Complete the San Mateo County Baylands Reserve federal Land and
Water Conservation Fund grant and keep abreast of other grants
available to the District. Submit at least one Land and Water
Conservation Fund grant request and at least one 1984 State
Parks Bond Act grant request.
2 . Seek and encourage agencies and groups to undertake sole or joint
acquisition projects which will preserve additional open space
such as the San Mateo County section of the Bayfront Trail.
3. Analyze, in conjunction with Open Space .Management Program, par-
ticular geographic areas of the District, such as the San Mateo
County baylands north of Dumbarton bridge, to develop acquisition
recommendations and project costs.
Page eight
OPEN SPACE ACQUISITION PROGRAM
Enterprise Activities Subprogram
1984-1985 Objective
The objective of the Enterprise Subprogram is to manage all the
District revenue producing activities in such a way as to maximize
income from Enterprise accounts consistent with Open Space Management
policies and to explore new compatible activities.
1984-1985 Key Projects and Activities
1. Administer all leases and rental accounts , updating rental rates
and other lease conditions as opportunities arise, to maximize
income consistent with Open Space Management policies.
PROGRESS: Between July 1 , 1984 and June 30, 1985 , revenue from
residential, agricultural , and communications leases was approxi-
mately $211 , 000 , a 24% increase 'over ` 198`3-1984 . The updating
of rental rates and renegotiation of communications leases played
a significant role in this revenue increase. A rental survey
was completed and all enterprise residential accounts were analyzed
to be at/or near fair market value, after a general increase of
approximately 4 . 50 on most leases. The increase on some specific
leases was slightly higher. The rental values of Ranger residences
were also increased on the same basis.
2 . Carry out maintenance and improvements to rental houses to keep
buildings and grounds in a safe, sanitary and attractive condition
and to increase net rental income.
PROGRESS: ' All rental units are maintained on a continuous basis.
Most work is the result of keeping pace with wear and tear, such
as plumbing and roof repair, appliance replacement and electric
work. one of the houses at Saratoga Gap Open Space Preserve
involved a complete update of the bathroom. The required carport
and deck construction at Purisima Creek Redwoods Open Space
Preserve Ranger residence has been completed. In conjunction with
Open Space Management, road repair costs were shared to maintain
access routes to rental units. The total cost of repairs for all
enterprise accounts was approximately $21 ,000.
3. Prepare cost-benefit studies on a case by case basis as major
repair and rental decisions arise.
PROGRESS : A cost-benefit analysis was completed on the three
residences at Saratoga Gap Open Space Preserve and a decision was
made to continue renting them for approximately three to five years.
Page nine
1985-1986 ._Objective
The objective of the Enterprise Subprogram is to manage all the
District ' s revenue producing activities in such a way as to maximize
income from Enterprise accounts consistent with Open Space Management
policies and to explore new compatible activities.
1985-1986 Key Projects and Activities
1. Administer all leases and rental accounts, updating rental rates
and other lease conditions as opportunities arise, to maximize
income consistent with Open Space Management policies.
2 . Carry out maintenance and improvements to rental houses to keep
buildings and grounds in a safe, sanitary, and attractive condi-
tion and to increase net rental income.
3. Prepare cost-benefit studies on a case by case basis as major
repair (or improvement) and rental decisions arise.
4. Provide for interim caretaker-leasehold -income for former Almaden
Air Force Station at Mt. Umunhum when acquired.'
Page ten
OPEN SPACE MANAGEMENT PROGRAM
Planning, Design. and Development Sub2rogram
1984-1985 _Objective
The objective of the Planning , Design and Development Subprogram is to
provide short term and long range acquisition planning and the formula-
tion and review of Use and Management Plans , as well as overseeing the
physical implementation of capital improvements such as site development
and resource management, master and other special plans .
1984-1985 _Key Projects and Activities
1 . Develop, review, and coordinate the implementation of Board approved
Use and Management Plans in accordance with Relative Site Emphasis
Policies , including commencement of planning studies for the site
renovation of Mt. Umunhum. Area of the Sierra Azul Open Space Preserve,
and designing public use facilities for the Hassler site.
PROGRESS: Eight Use and Management Plans were reviewed by the Board
during fiscal year 1984-1985 and a new Reldtive Site Emphasis Plan and
Review Schedule was presented to the Board in December. Use and Man-
agement recommendations and acquisition reports were prepared for the
District 's thirteen acquisitions during the year. The Use and Manage-
ment reviews were basically completed on schedule during the first half
of the year, but were about three months behind schedule due to other
priorities and circumstances during the second half of the year. Since
the Mt. Umunhum site has not been acquired, planning studies for site
renovation have not begun. Planning studies for the design of public
use facilities for the Hassler site have been delayed awaiting comple-
tion of the site renovation contract and public workshops for the
planning project are now scheduled for late 1985 . Other minor planning
studies were carried out on public access needs at La Honda Creek, El
Sereno, and Sierra Azul Open Space Preserves .
2. Continue the liaison efforts of multi-jurisdictional projects, speci-
fically the planning and implementation of the Bayfront Trail and the
Kennedy Road parking area.
PROGRESS: Planning with San Mateo County and the Cities of East Palo
Alto, Mountain View, and Sunnyvale, and CalTrans continued on the Bay-
front Trail . Efforts were made and accomplished to identify imple-
mentation and management responsibilities in the San Mateo County
Baylands section, and initial steps were taken for submittal of a Pub-
lic Access Grant from the State Coastal Conservancy. The bridge con-
nectina Mountain View' s Shoreline Park with the District' s Stevens
Creek-Shoreline Nature Study Area was completed.
Work was started on the Kennedy Road public access facility. Prelimi-
nary plans were completed and presented to the Town of Los Gatos Site and
Design Review Committee. The Purisima Creek Redwoods Public Access
Grant project has proceeded with planning, facility implementation,
management and/or funding support committed from Peninsula Open Space
Trust, the County of San Mateo Parks Department, State of California
Page eleven
Department of Parks and Recreation, the Trails Information and Volun-
teer Center, and the Whole Access Project.
3 . Evaluate Open Space Management planning and field staffing needs in
light of increased acreage and of District land holdings, and make
recommendations , as required, to the Board for implementation through
the regular budget process .
PROGRESS : Evaluation of the planning and field staffing needs was
started during 1984-1985 and should be completed by the fall of 1985.
A revised Open Space Management budget, including possible staffing
changes , is to be considered before the end of 1985 once the recom-
mendations of the staffing study have been presented.
4 . Complete coordination of the master planning for the Skyline Ridge
Open Space Preserve and commence implementation under Board direction
of the first portion of the master plan, in cooperation with Penin-
sula Open Space Trust.
PROGRESS: Coordination of the Skyline Ridge Open Space Preserve
master planning was completed and the master plan was adopted by the
Board. Discussions on funding sources and 'priorities of the Phase
One improvements of the master plan were discussed with Peninsula
Open Space Trust and partial funding for this work was included in
the 1985-1986 Open Space Management budget.
5. Refine policies for use of District lands and facilities by neighbor-
hood and other non-profit groups .
PROGRESS: New policies were drafted for special uses of District
lands . This project has been delayed, however, due to other more
crucial work priorities. The refined policies are expected to be
presented for Board consideration and approval in September 1985 .
1985-1986 Objective
The objective of the Planning , Design and Development Subprogram is to
provide short term and long range acquisition planning and the formulation
and review of Use and Management Plans, as well as overseeing the physical
implementation of capital improvements such as site development and re-
source management, master and other special plans.
1985-1986 Key Projects and Activities
1 . Develop, review, and coordinate the implementation of Board approved
Use and Management Plans in accordance with Relative Site Emphasis
Policies, including commencement of planning studies for the site reno-
vation of the Mt. Umunhum Area of the Sierra Azul Open Space Preserve,
and-design planning of public use facilities for the Hassler site, and
development of public access facilities at the Purisima Creek Redwoods open Space
Preserve and Kennedy Road Area of the Sierra Azul Open Space Preserve.
2. Continue the liaison efforts of multi-jurisdictional projects, specifi-
cally the planning and implementation of the Bayfront Trail and the
Purisima Creek Redwoods Open Space Preserve.
Page twelve
3 . Commence or continue implementation of the Master Plan for the Sky-
line Ridge Open Space Preserve in cooperation with Peninsula Open
Space Trust.
4 . Implement the plan for staffing changes for Open Space Management as
approved by the Board of Directors .
5 . Update District Master Plan and include full Sphere of Influence.*
6 . Complete policies for Board review and adoption and a general plan of
action for Natural Resource Categorization and Management Planning of
District preserves. This will provide, with the aid of identified
outside funding sources , for the preparation of site specific plans
and decisions, including prescribed burning, grazing and other agri-
cultural uses , control of exotic and invasive plant species, and con-
trolled dog and other recreational uses.
7 . CompletLe t;ze formulation of trail use policies for Board approval and staff guide-
lines for Use and Management planning.
May be subject to change based on policy discussions currently in
progress .
Page thirteen
OPEN SPACE MANAGEMENT PROGRAM
Operations , Maintenance and Volunteer Subprogram
1984-1985 Objective
The objective of the Operations , Maintenance and Volunteer Subprogram to
provide responsible stewardship of District lands by furnishing those
public safety, maintenance, and resource protection services necessary for
the effective management of these lands . An emphasis of this subprogram
is to increase public education regarding natural features and awareness
regarding proper use of these lands, as well as to maximize the volunteer
support to aid in the physical implementation of capital improvements.
1984-1985 _Key Projects and Activities
1 . Review current field staff positions and complete implementation of
revised deployment and scheduling program for District field staff,
including opening a Ranger satellite yard at Skyline Ridge Open Space
Preserve , as approved.
PROGRESS : Field staff positions were reviewed, positions were bud-
geted, and the revised deployment and scheduling program for District
field staff was implemented during the fiscal year. This included
the opening of a satellite Ranger yard at the Skyline Ridge Open
Space Preserve, the hiring of two new Rangers, and the splitting of
the Ranger force into Skyline and Foothills patrol groups and a crew
based out of the Rancho San Antonio Open Space Preserve. This revi-
sion has proved cost effective and has aided immensely in the opera-
tion of this subprogram.
2 . Complete evaluation of the District' s experimental dog program and
extend program under Board direction if warranted.
PROGRESS : The experimental dog program wasreviewed by staff and at
two Board Dog Committee meetings and was recommended for continuance
by the Board for another full year with the following conditions :
1) number of dog sites would increase from 3 to 4 with the addition
of a portion of the Long Ridge Open Space Preserve; 2) improved data
collection methods should be considered and utilized to gauge the
impacts on the preserves for this program, and 3) Fremont Older Open
Space Preserve would be excluded from the program in one year if
problems persist at that site. Consideration of all these items, as
well as the possibility of making the program permanent, will be dis-
cussed by the Dog Committee and Board in the late spring of 1986 .
3 . Implement one new site development project with Peninsula Open Space
Trust utilizing volunteer support. Increase volunteer support by 30%
by utilizing the Trails Information and Volunteer Center, the Califor-
nia Conservation Corps, and Peninsula Open Space Trust for site develop-
ment and maintenance.
PROGRESS: The Peninsula Open Space Trust committed to aid the District
for 10% ($16 ,600) of the Purisima Creek Redwoods Public Access Pro-
ject, the majority of which was funded by a State grant. Volunteer
Page fourteen
support increased by over 40% this year with over 200 worker hours
committed on two separate Skyline Trail Days and 60 hours worked on
the Fall Clean Up Day organized by the Trails Information and Volun-
teer Center. Three "Trail Buster" days at Rancho San Antonio Open
Space Preserve were organized by District staff and resulted in 268
hours volunteered. Forty-five hours of volunteer activity at Long
Ridge Open Space Preserve were sponsored by Santa Cruz Mountain
Trail Association. Additional volunteer support other than docent
hours has included work by the San Mateo County Juvenile work crews,
the California Conservation Corps, and several individuals aiding
with trail maintenance, planning, and resource analyses on other sites .
4 . Conduct a docent interpretive program, using Los Trancos Open Space
Preserve, Rancho San Antonio Open Space Preserve, and Monte Bello Open
Space Preserve., with outreach programs on Purisima Creek Redwoods Open
Space Preserve, Long Ridge Open Space Preserve, Windy Hill Open Space
Preserve, and others as guided by Relative Site Emphasis Policies.
Continue to conduct spring wildflower walks at Edgewood.
PROGRESS: The docent interpretive program continues to be guided by
increasing needs and the Relative Site Emphasis Policies . The Dis-
trict continues to maintain a group of a'proximately 60 active docents;
p
however, a larger than usual docent training class of 18 individuals
graduated this year, and it appears the docent pool will increase over
the next few years . The docent program received both regional and
national awards for their work in this fiscal year. Regularly sched-
uled tours and programs accommodated over 2000 people, and the docents
were involved in recruiting for "Trail Busters" days at Rancho San
Antonio Open Space Preserve, and in spring wildflower walks at Edge-
wood Park and other District sites. Tours were conducted at the Pic-
chetti winery and the Fremont Older house. other docent activities
included giving administrative support at the office, assisting with a
survey at Rancho San Antonio and staffing District displays.
5. Provide for security of buildings on Mt. Umunhum, and Hassler. Complete
structure demolition or renovation and security, under Board direction,
of the buildings on Rancho San Antonio, Hassler, Coal Creek, Russian
Ridge, Long Ridge, and Windy Hill Open Space Preserves.
PROGRESS: Security was provided for the buildings at the Hassler site
until demolition commenced. All Board approved demolition projects
were completed at Hassler, Rancho San Antonio, Coal Creek ,Russian
Ridge, Long Ridge, and Windy Hill Open Space Preserves. Some of these
projects had been awaiting finalization for over two years, and the
work consumed a significant amount of Open Space Management field and
office staff time during the fiscal year. Since Mt. Umunhum has not
yet been acquired, building security was not provided.
1985-1986 Objective
The objective of the Operations, Maintenance and Volunteer Subprogram is
to provide responsible stewardship of District lands by furnishing those
public safety, maintenance, and resource protection services necessary for
the effective management of these lands. An emphasis of this subprogram is
Page fifteen
to increase public education regarding natural features and awareness re-
garding proper use of these lands , as well as to maximize the volunteer
support to aid in the physical implementation of capital improvements.
1985-1986 Key Projects and Improvements
1 . Provide for security of buildings on Mt. Umunhum and complete struc-
ture demolition or renovation, under Board direction, of the buildings
on Hassler , Mt. Umunhum, and Rancho San Antonio Open Space Preserves.
2 . Implement at least one new site development project with Peninsula
Open Space Trust utilizing volunteer support. Increase volunteer sup-
port by 30% by utilizing the Trails Information and Volunteer Center,
the California Conservation Corps , and Peninsula Open Space Trust for
site development and maintenance.
3 . Conduct a docent interpretive program, using Los Trancos Open Space Pre-
serve, Rancho San Antonio Open Space Preserve, and Monte Bello Open
Space Preserve, with outreach programs on other Preserves as guided by
Relative Site Emphasis Policies . Continue to conduct spring wildflower
walks at Edgewood.
4 . Evaluate success of written field policies, new field staff deployment
program, and field staff position changes and present any further pro-
posed changes to the Board in spring , 1986 .
5. Conclude the Experimental Dog Program on four sites using improved
methods of data collection for evaluation and decide on which sites,
if any, the program should continue on a more permanent basis .
Page sixteen
PUBLIC COMMUNICATIONS AND GOVERNMENTAL LIAISON PROGRAM
Public Participation and Education Subprogram
1984-1985 Objective
The objective of the Public Participation and Education Subprogram
is to generate greater public awareness, involvement, and support
of the District through a continuing campaign to inform and educate
the constituency about the District ' s sites, programs, and goals.
1984-1985 Key Projects and Activities
1. Continue to print and distribute the Openspace newsletter and/or
other District publications in line with the consensus of the
Board which followed the publications workshop.
PROGRESS: Three issues of Openspace were printed and dis-
tributed. 0 enspace 's mailing list now numbers approximately
5300 . About 200 contributions were received in response to
the newsletter's fundraising appeal during the fiscal year
and totalled approximately $2000. Most gifts received are
in the $5 and $10 range. A "pruning" experiment to cull the
mailing list of recipients who were not interested in receiving
it was initiated, but no cost-effective and accurate method
has yet been found. During the year, copies of the newsletters
and the all-site brochure were sent to all the libraries ,
city halls, park and recreation departments , and Chambers
of Commerce in the District for people to pick up.
2 . Continue efforts to encourage District constituents to make
use of District sites in accordance with Relative Site Emphasis
Policies and to be involved in the planning for their development.
PROGRESS : Press releases were issued throughout the year to
announce regularly scheduled docent walks as well as special
events including the annual Fremont older Tour, which was
again a "sellout" this year. Special emphasis was placed on
informing the public about the Skyline Ridge Master Plan process,
and special news releases, flyers , newspaper articles and
features , a site tour, and meeting notices in Openspace were
used to generate public interest in the process.
3 . Expand the program of public presentations and displays with new
materials , participants, and methods such as the use of video
taping.
PROGRESS: The new display was completed and was displayed in
several public buildings including Sunnyvale, Redwood City,
and Los Altos libraries. Members of the Board and staff used
various District slideshows during presentations to groups,,
and staff worked with Peninsula Conservation Center to present
a series of noontime slide show talks to businesses and industries.
Page seventeen
1985-1986 _..Objective
The objective of the Public Participation and Education Subprogram
is to generate greater public awareness involvement, and support A, i
of the District through a continuing campaign to inform and educate
the constituency about the District' s sites, programs, and goals.
1985-1986 Key Projects and Activities
1. Schedule one or two special events to encourage site use and
to publicize District. Possibilities include photo contest,
orienteering, birding, geology day, etc. Consider also a big
picnic with all the groups involved with the District.
2 . Based on demographic data from GRC Survey and other information,
target low awareness areas for special publicity about MROSD.
3. Continue to print and distribute the Openspace newsletter and/or
other District publications in line with" the consensus of the
Board which followed the publications workshop.
4. Expand program of public presentations and displays with new
materials and participants, with emphasis on noontime presen-
tations to business and industry (if these prove successful
in 1984-1985) .
5. If feasible , try a pilot program of placing permanent MROSD
"handout stations" in selected libraries or other public
buildings in each county.
6 . Develop a "Good Neighbor" information and communication program
in accordance with Board directives.' '
Page eighteen
PUBLIC COMMUNICATIONS AND GOVERNMENTAL LIAISON PROGRAM
Public and Private Liaison Subprogram
1984-1985 Objective
The objective of the Public and Private Liaison Subprogram is to
inform other public agencies and private organizations about the
District and to secure legislation to protect the District' s
funding and otherwise aid in the accomplishment of the District's
goals.
1984-1985 Key Projects and Activities
1. Accomplish priority items for fiscal year in District' s Legisla-
tive Program utilizing services of Legislative Consultant.
PROGRESS : Seven of the eight first and second priority items
were accomplished for the 1983-1984 legi$.lative session.
All four of the first and second priority items for the new
1985-1986 legislative session that are in bill form have
either been enacted or are well on their way. The other two
priority items are long term in nature .
2 . Conduct another bus tour of District lands for public officials.
PROGRESS : A joint meeting with the San Mateo County Board of
Supervisors was held on May 21 to tour the Skyline area.
Planning for a follow-up session with the Supervisors is
currently underway.
3. Hold joint meeting of MROSD Board with Santa Clara County
Parks and Recreation Commission.
PROGRESS : The meeting was held on November 8, 1984 .
1985-198.6 Objective
The objective of the Public and Private Liaison Subprogram is to
inform other public agencies and private organizations about the
District and to secure legislation to protect the District' s
funding and otherwise aid in the accomplishment of the District's
goals .
1985-1986 Key Projects and Activities
1. Accomplish priority items for fiscal year in District' s Legisla-
tive Program utilizing services of Legislative Consultant.
2 . If interest continues , conduct another bus tour of District
lands for public officials and key staff.
3 . Hold a joint meeting with San Mateo County Parks and Recreation
Commission.
Page nineteen
4 . Schedule Board members to make presentations sometime during
the year to each city and county council, board and commission
in their wards that wishes a presentation.
5 . Send annual progress report to government officials throughout
District.
Page twenty
PUBLIC COMMUNICATIOINS, AND GOVERNMENTAL LIAISON PROGRAM
Media Subprogram
1984-1985. objective
The objective of the Media Subprogram is to inform the public as
fully as possible about the District' s purposes and activities
through news stories , features , and public service announcements
in the press, and on radio and television.
1984-198.5 Key Projects and Activities
1. Conduct a bus tour of District lands for representatives of
the media.
PROGRESS : The bus tour was not held due to the departure of
the Public Communications Coordinator and staff time priorities
for other projects. It is anticipatpd that the new Coordinator
will conduct informal tours of District lands for interested
media representatives.
2 . Create and maintain an up-to-date set of fact sheets on various
aspects of the District' s activities for distribution to media
people and others.
PROGRESS : This project was started, but not completed. It is
one of the 1985-1986 key projects for this Subprogram.
3 . Produce and distribute a series of public service announcements
through Viacom for airing on public access cable and commercial
television4
PROGRESS : Three public service announcements were produced
through the ARLO Program at Stanford, but will not be dis-
tributed for airing. This activity has been included as one
of this Subprogram' s key undertakings for the 1985-1986 fiscal
year.
1985-1986 Objective
The objective of the Media Subprogram is to inform the public as
fully as possible about the District' s purposes and activities
through news stories , features, and public service announcements
in the press , and on radio and television.
1985-1986 Key Projects and Activities
1. Create and maintain an up-to-date set of fact sheets on various
aspects of the District's activities for distribution to media
people and others.
2 . Complete production and distribution of series of public service
announcements for airing on public access cable and commercial
television.
Page twenty-one
GENERAL MANAGEMENT AND PROGRAMSUPPORT
1984-1985 Objective
The objective of the General Management and Program Support is to
provide overall coordination, direction, and administrative base
for all District activities so as to maximize the accomplishment
of the Board's policies and directives.
1984-1985 _Key Projects and Activities
1. Complete, at Board and staff level, all necessary planning
to ensure the District' s move to different facilities by
November 1, 1985.
PROGRESS : Although a new location for the District's office
was not selected by June 30, significant staff time was spent
in conducting site surveys, working with representatives to
obtain a lease for Board consideration, meeting with City of
Mountain View staff to discuss the Bailey-Latham permanent
location, and meeting with office design consultants. It is
anticipated that an agenda item will be placed before you
imminently for approval of an office lease, and staff will
continue to investigate the possibility of a lease extension
from the current landlord to allow time to make necessary
improvements at the new location. This project has gone
slowly and is reaching a critical stage.
2 . Provide required functions for the election of District
directors in Wards 3, 4 and 7.
PROGRESS: This activity was completed during the fall and
winter, 1984.
3. Complete personnel needs, structure, salary, and benefit
studies and begin implementation, as authorized, of staffing
changes in accordance with a plan to be developed.
PROGRESS: The Administrative Study was completed by the
District's Personnel Consultant and appropriate staff, and the
study implementation was approved by you in June 1985. First
phase implementation of the plan was in place prior to the
close of the fiscal year. The annual salary survey was com-
pleted as part of the 1985-1986 budget preparation process.
An in-depth benefit study was not completed, but the Admini-
strative Services Manager and Personnel Consultant are planning
to complete the study during the late summer or early fall.
4 . If marketing conditions are favorable, market a new note issue
for the acquisition of land.
PROGRESS: During the early part of 1985 , you approved the
issuance of a $4, 000,000 promissory note issue.
Page twenty-two
5 . Provide necessary interpretation, coordination, direction, and
administrative base, including on-going review and updating of
personnel-related matters for District' s staff and programs,
in order to carry out Board policies, Action Plan, and specific
actions according to written and unwritten Board priorities.
PROGRESS : Based on all District programs and the complexity
of many of the projects, especially in Open Space Management,
overall progress for the year was good.
6 . Continue to promote an atmosphere conducive to generating a
creative team effort, including at least one staff workshop
retreat.
PROGRESS : The management staff held a workshop during the first
half of the fiscal year, and various types of staff meetings in
the District 's programs continued to be held on a regular basis
throughout the year. Various types of staff social events
were also held.
1985-1986 Objective
The objective of the General Management Program Support is to provide
overall coordination, direction, and administrative base for all
District activities so as to maximize the accomplishment of the Board' s
policies and directives.
1985-1986 Key Projects and Activities
1. Complete , at Board and staff level , all necessary planning and
moving activities to ensure the District's relocation to
different facilities by November 1, 1985 , unless current dead-
line is extended.
2 . If necessary and if marketing conditions are favorable, market
a new note issue for the acquisition of land.
3. Provide necessary interpretation, coordination, direction, and
administrative base, including on-going review and updating of
personnel-related matters for District' s staff and programs,
in order to carry out Board policies, Action Plan, and specific
actions according to written and unwritten Board priorities.
4. Continue to promote an atmosphere conducive to generating a
creative team effort, including at least one staff workshop
retreat.
5. Complete implementation of microcomputer system.
M-85-123
(Meeting 85-21
August 14 , 1985)
0
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
August 9 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Confirmation of Scheduling of Special Meeting
for August 15
Introduction: At your meeting of July 24 , 1985 you scheduled
a Special Meeting for August 8 to consider a land acquisition
matter. A notice announcing the Special Meeting was distributed.
The Special Meeting was subsequently cancelled because the
contract was not yet completed. Accordingly, a cancellation
notice was sent out.
Discussion: When informed by staff that the contract should
be completed in time for a meeting on August 15 and pursuant
to your Rules of Procedure, the President scheduled a Special
Meeting for Thursday, August 15 at 7 : 30 P.M. to consider the
land acquisition matter. Notice of the new meeting was included
in the cancellation notice. Since staff was not able to reach
all Board members prior to the notice distribution, we need to
confirm that at least five Directors will be available August 15.
1
2V
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: 11. Grench, General Manager
SUBJECT: F.Y.I .
DATE: August 14 , 1985
Xxx 62o(',66
Janet �chwind
k�South Lyline Assn
S 11
Dear Rand Schwind:
We write because of the importance of current policy issues being
considered by MROSD, 'and because, as members of SEA, we are concerned
with the image, representations , and emerging policy of the SEA.
We appreciate the dedication and effort of you and others most
active in SSA. We would like you to be advised of our own views .
with respect to MROSD and eminent domain we contend that MROSD must
be able to continue to exert such powers . The very concept of
open space- its preservation- implies the power to acquire and
protect lands , today Russian Ridge is a current example of the
pressing need for the exercise of such authority. We are aware
that many SEA has appeared to presume the opposition of its members
to the acquisition power, you must understand that not all of us
take that position .
Some sector of the membership understandably oppose only that exercise
of eminent domain directed at non subdividable properties with owner
occupied homes thereon . That position reflects the inevitable conflict
of the home owner with any agency which, on the pub behalf of a larger
public or government branch, requires those lands . It is almost
always a tragic anti conflict where the majority dispossess a minority,
albeit with market value compensation. There will be cases where
MROSD will, for the sake of the future good, be obliged to make such
acquisitions . Indeed there are some egregiously outstandingly ugly
and incompatible structures within the MROSD boundaries which should
be acquired. When, however, a property is neither to be subdivided
nor is obtrusive, one imagines that acquisition is will need not be
considered . All properties would become an exception should MROSD
ever move to the concept which guided the Golden Gate National PJZxvxeZb&
Recreation Area where all lands were purchased, but those in
ranching or other compatible uses were allowed to continue xx occupied
by former owners who were/are disallowed from attmningnshxambumax
new building or uses . We would ourselves see this as one way
of saving all of the west of Skyline area in San Mateo, Santa Clara
and Santa Cruz Counties .
We recognize that our position here is likely a minority one within
SEA. Yet fairly to represent the range of opinion within SEA the
board must know, and accurately describe to others, what the range
and distribution of membership opinion is . It cannot fairly adopt
any one position as representative of an homogeneity which does not
exist among members, nor dare the board become the captive of a
vociferous minority even if some of that minority mpy energetically
seek to control the position of the board. Now, in point of fact, I
do not know what are majority and minority views in SEA and could
not unless there were a continuing polling or survey procedure under
way.
2
Since the last survey of the membership was conducted several
years ago, with a response (return) rate unknown to me, and indeed
with results that were not, to my Knowledge,distributed (although
I recall Mr Fisse had promised to atake such a report in the Newsletter)
I cannot imagine how the Board itself now is able t�) assess the
full range and nuance of opinion within the SEA membership. Perhaps
that knowledge is less important that is the function of SSA as
a forum for reasoned examination of the major policy issues , with
the Board assuring that rough cost/*'benefit analytic considerations
are put forward, along with proposals for optional courses and
compromise in matters of conflict within the SSA, or in those
policy matters facing MROSD itself.
In conclusion, we would affirm our appreciation of your own
great, and indeed noble, efforts over these many SSA years . We
confirm our own support for MROLD , Including its prudent
exercise of eminent domain under conditions of necessity (I have
read of its actions where such necessity appears difficult indeed
to defend) and, currently and critically, for Russian Ridge. We
do ask that the -'-'SA Board qualify such policy positions as it
may take following deliberations by indicating that these may or
may not be majority views, and that, as is essential to the very
concept of democracy, the views of a minority- when those statistics
are established- also be acknowledged and respected. As a focal
point, and forum, for tire xxx examination of issues and the
proposal of acceptable compromise, SSA will continue to have
an important political function, although , one hopes , riot one that
will entirely dominate its community service activities .
Thank you for considering our views .
Sincerely
Richard and Eva Blum
Volcano Ranch, Shingle Mill
kkyliaxw Ranch, Skyline and
Eighway
i
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
T0: Board of
Directors
FROM: H. Grench, General Manager
SUBJECT: F.Y.I .
DATE:Aucjust 14, 1985
1
i
Meeting 85-18
'Ally
00;11-1�'
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
SPECIAL MEETING
Monday BOARD OF DIRECTORS 375 Distel Circle, D-1
July 15 , 1985 Los Altos, California
A G E N D A
(7 :30) ROLL CALL
APPROVAL OF MINUTES (June 12 , 1985)
ORAL COMMUNICATIONS
NEW BUSINESS WITH ACTION REQUESTED
(7:45) 1 . Proposed Darling Property Addition to La Honda Creek Open Space
Preserve -- C. Britton
Resolution Authorizing Acceptance of Agreement to Purchase Real
Property, Authorizing Officer to Execute Certificate of Acceptance
of Grant to District, and Authorizing General Manager to Execute
Any and All Other Documents Necessary to Closing of the Transaction
(La Honda Creek Open Space Preserve - Darling Property)
(8 :05) CLAIMS
CLOSED SESSION (Land Negotiation Matters)
ADJOURNMENT
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
SACRAwENTO^DDRESS
mate Capitol
Sacramento,California 95814
-' —'- -mw
o/vTn/C,opr/us
Son Carlos City ww
Second Floor
"mElmw*ee,
San Carlos.=^�w,^ �NLum
� om)o^1�5" =�w��ffamis
� ROBERT W. NAYLOR
� ^�wmLYM^�TVmGINmmr,01mTRI*r
�
July lO, 1885
MS. NODette HdnkO, Director
Midp8Dinsula Regional Open Space District
375 Distel Circle, Suite 3-I
Los Altos, CA 94022
Dear N0nette:
Thank you for the July I letter and
memorandum on proposed MRO5D policies. Your keeping
me abreast of developments is deeply appreciated.
/ I am pleased that the District is continuing
to work with its neighbors to formulate mutually
acceptable policies.
Please keep in touch and always feel free
to call upon me'
Sincerely,
ROB W. NAYLOR
� RWN:df
�
�
*
Meeting 85-18
4,
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SUMMARY OF JULY 10, 1985 SPECIAL BOARD MEETING
Proposed Darling Property Addition to La Honda Crock Open Space Preserve
The Board adopted Resolution 85-35 approving the acquisition ofthis
69 acre parcel located west of La Ronda Road and north of the District's
contiguous La Honda Creek Open Space Preserve for a purchase price of
$176,300. In addition, the Board tentatively adopted the Interim Use
and Management Plan contained in the staff report, named the property
as an addition to the La Honda Creek Open Space Preserve, and indicated
its intention to withhold the property from dedication.
Jean If. Fiddes
District Clerk
I
°David �P- JOri" /f/.-1b. ~}'
721 ENSIGN WAY
PALO ALTO, CALIFORNIA 94303
61-7
D1 p_
�Ci-I- D Lam¢ c 4-L i
CLAIM No. 85-14
M eting 85-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: July IS, 1985
C L A I M S
Amount Name Description
8530 35,300.00 Ticor Title Insurance Company Purchase of Darling Property
�7
7'70)L
42 1 wGCS
, , -
�4),-5
°L
CLAIMS No. 85-14
Meeting 85-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date' July 15, 1985
C L A I M S
Amount Name Description
8530 35,300.00 Ticor Title Insurance Company Purchase of Darling Property
EDWARD NELSON irc.
A LAW CORPORATIONI
August 5 , 1985 415 323-6636
POST OFFICE 6Oi 705
►ALO ALTO.CA 04302
L. Craig Britton
Land Acquisition Manager
Mid Peninsula Regional Open Space District
375 Distel Circle, Suite D 1
Los Altos, CA 94022
Re: District Access to Grandview Drive and Espinoza Road
Dear Mr. Britton:
I have your letter dated July 30, 1985.
You state that a "legal analysis was formally delivered to
the Portola Hills Home owner ' s Group (yourself included) . . . . "
First, as far as I know there never has been, and there is
not now, such an organization and I certainly do not belong
to any such organization.
Secondly, I do not know whether you fully accepted the fact j
which I tried to convey to you about two years now, but, if
the District persists in following the course of conduct out-
lined by you, Sir, I feel that an action against the District
for inverse condemnation appears to be appropriate. I feel
that I, certainly, have been jacked about by you for at least
two years . You first created a Portola Hills Homeowner ' s
Group and then placed me within that group. I had previously
told you and I am telling you now that there is no such group.
Thirdly, you still refuse to accept the fact that the District
bought a property without first investigating the title, access,
and historic basis. If you were the land acquisition man,
then I would suggest that you clean this matter up as quickly
as possible! I am now speaking as a tax payer.
I just now learned that the Portola Park Heights Property
Owner' s Association (an organization in the La Honda area )
is having some problems with you also. They also claim that
you have been abusing their private road.
Very ruly yours,
dward son
EN/cl
cc: Portola Park Heights Property Owner ' s Assn.
Ms. Barbara Seitle
San Mateo County Board of Supervisors
Honorable Rebecca Morgan
Honorable Robert Naylor
Mid-Peninsula Regional Open District Board of Directors
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
August 1 , 1985
To the Editor
San Jose Mercury News
750 Ridder Park Drive
San Jose, CA 95131
SUBJECT: July 10 , 1985 letter from Dorothy Lyddon in response to
your July 1 editorial
Dear Editor:
Mrs. Dorothy S. Lyddon, owner of the Seven Springs Ranch which adjoins
the Fremont Older Open Space Preserve , has always felt the need to "op-
pose" the Midpeninsula Regional Open Space District. Her letter, pub-
lished by the Mercury News on July 10 in response to your July 1
editorial, clearly shows the hand of this self-proclaimed "ardent environ-
mentalist. " This is the very landowner who recently pushed for a massive
subdivision of her Seven Springs Ranch, and succeeded in convincing the
City of Cupertino to change their General Plan to restrict any public
trail access to the park and open space lands through this subdivision.
The late Mr. Lyddon was a willing seller when he sold a portion of Seven
Springs Ranch to the District in the mid-seventies. The Lyddons knew at
the time that the land would be managed in a natural state and not as a
working ranch as it had been when they owned the land. Mrs. Lyddon, per-
haps for this reason, has always claimed to be opposed to the sale to the
District.
The flood damage done to Seven Springs Ranch in the severe winters of
1981 and '82 was not caused by mismanagement of District lands but rather
by extreme rainfall and runoff and the restrictive culverting and over-
engineering of a natural creek on the Lyddon property. The damage would
have occurred no matter who owned the adjacent land. The engineering
reports Mrs. Lyddon refers to in her letter were adhered to by the District
and the removal of the culverts and construction of silt basins and brush
rakes on adjacent District lands was , in fact, inspected and approved by
Mrs. Lyddon's engineer.
Mrs. Lyddon's negative letter refers to District lands sitting idle. We
think your July 24th article by Tom Philp goes a long way to contradict
Mrs. Lyddon's claims of current District policy and budget emphasis. The
thousands of people who use District lands every year are a testimonial to
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
Editor, San Jose Mer( y News
August 1 , 1985
Page Two
the "value in use" of open space. Mrs. Lyddon appears to be the one who
is "sitting idle" in her Seven Springs Ranch. If she took a walk on
District lands on almost any weekend, she could observe first hand the
immense public use and satisfaction these lands provide.
We are always interested in working as a good neighbor with Mrs. Lyddon.
However, letters such as hers go a long way toward working in the opposite
direction.
Very truly yours ,
Teena Henshaw, President
Board of Directors
Kay Duffy, Area Representative
Board of Directors
cc : Dorothy Lyddon
ko
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-11,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
July 30, 1985
Edward Nelson
P.O. Box 705
Palo Alto, California 94302
Subject: District Access to Grandview Drive and Espinoza Road
Dear Mr. Nelson:
In reference to your letter of July 10, 1985 and your previous
correspondence of April 22 , 1985 relative to the November 29 ,
1983 memorandum prepared by the District legal intern (and
sanctified by District Counsel) , we have not completed the
process of readdressing our legal inquiry into the specific
questions you raised. Generally, we feel that our initial
analysis correctly summarized the legal position relative to
the District ' s access rights on Grandview Drive and Espinoza
Road.
Since March of 1984 , when our initial legal analysis was for-
mally delivered to the Portola Hills Homeowners Group (yourself
included) , the District has been working toward a mutually
acceptable resolution to the neighbors ' concerns in combination
with District 's need to regularly patrol and maintain the
District' s property. As a result of our neighborhood meeting
of April 25 , 1985 (which you apparently declined to attend) ,
we feel we have achieved an agreeable compromise with the other
property owners. We can now turn our attention to your specific
questions, as you feel your situation relative to these roads
is unique. I anticipate that we will have completed this
process in approximately 30 days and will forward any additional
conclusions at that time.
Si ere #
L /raig,, rl n , /WA
L d Acquisition Manager
LCB:cac
cc: Ms. Barbara Seitle
San Mateo County Board of Supervisors
Honorable Rebecca Morgan
Honorable Robert Naylor
MROSD Board of Directors
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nanette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin III
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
July 24 , 1985
Honorable James McClure, Chairman
Energy and Natural Resources Committee
United States Senate
Room SD-360
Dirksen Office Building
Washington, DC 20510
Dear Senator McClure:
I understand that your Committee is presently considering
1986 funding of the Land and Water Conservation Fund. On
behalf of the Midpeninsula Regional Open Space District, I
respectfully urge funding of $125 million for state and
local projects . Even in these tight budgetary times, it
is crucial that this program be continued, even at the low
level being discussed, in order to try to meet the necessary
recreational needs of the people of this country.
Sincerely yours,
ff
Herbert Grench
General Manager
HG:ej
cc:A/MROSD Board of Directors
Representative Jamie Whitten, Chair
House Appropriations Committee
Senator P. Wilson
Sen. A. Cranston
Representative T. Lantos
Representative E. Zschau
Representative N. Mineta
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
CLAIMS No, 85-16 �
�
Me-e tzz»g 85-20
MIDP1-_'.N_TNSULA REGIONAL OPEN SPACE DISTRICT Date: August 14, 198,
4.
- Amount Name Description
8577 454-39 A T & T Information Systems Telephone Equipment
8579 57-03 Paker Graphics, Inc. Artwork Enlargement
8580 114-50 Baron Welding & Iron Works Field Supplies
8581 3, 115-00 Louis Bordi Rancho San Antonio Water Project
8582 900.00 California Advocates, Inc. Legislative Consultant Fee for July
8583 310.96 California Water Service Company Water Service
8584 217-98 James X Chamberlin Contractor Water Pump Repairs
8585 28-55 Clark's Auto Parts Field Supplies
8586 213-00 Communications Research Company Radio Maintenance
8587 27.32 Patrick Congdon Reimbursement--Field Supplies
8588 941 .69 Creegan 6 D/Angelo Engineering Services--Novitiate Fence
� 8589 27.45 Crest Copies, . Inc. Hap B)ua) ines
8598 318.25 Alice Cummings Reimbursement--Conference Fee and
Private Vehicle Expense
8591 5,808.00 Dana Real Property Analysis Appraisal Services
i8592 89,88 The Dark Room Photo Reproduction
� 8593 237,90 Discount Office Supply Office Supplies
�
� 8594 6.35 Pete Ellis Dodge Parts for District Vehicle
� 8595 47.68 El Monte Stationers Office Supplies
8596 5%.4] John Escobar Reimbursement--Office Equipment
8597 32,332.00 First American Title Company Preliminary TI1le Report and Closs
Acquis.ltion
8598 43.00 Jean Fi66es Reimbursement- O Postage
� s aga Due
8599 500.0101 Foss & Associates Professional Services for July
86O0 38, 17 Herbert Crench Reimbursement--Meal Conference
8601 5J. lO Mary �un6�rt Private Vehicle Expense
8602 195.05 Harbinger Communications Computer Services
8603 235.20 ' ' Honeywell Protection Services Alarm Service
8604 124.08 Hubbard & Johnson Field Supplies
8605 29.96 Image Technology Mylar Base Map
8606 450.80 Mory Johnson Building Inspection
8607 2, 108,55 Keller and Daseking, Architects Hassler Site Renovation
�8608 10.50 Lawrence Tire Service, Inc. District Vehicle Tire Repair
8689 545,00 Los Altos Garbage 0umpster Rental
�
�
CLAIMS NO. 85rl6
Meeting 85-20
Amount Name Description
8610 11 .00 Geyer McAllister Publications, Inc. Subscription
8611 878.27 Minton's Lumber & Supply Field Supplies
8612 364.22 Mobil Oil Credit Corporation Fuel for District Vehicles
8613 178-58 Monta Vista Garden Center Field Supplies
8614 110.00 National Recreation and Park
Association Membership Dues--Herbert Grench
8615 33- 10 Stanley R. Norton June Expenses
8616 1 , 109.25 Olsten of Palo Alto Temporary Office Help
8617 825- 12 Pacific Bell Telephone Service
8618 243.62 Pacific Gas & Electric Company Utilities
861g 15.00 City of Palo Alto City Council Agenda
8620 65-97 Peninsula Blueprint Drafting Supplies and Bluelines
8621 1 , 128.81 Peninsula Oil Company Fuel for District Vehicles
8622 457-95 The Perfect Shirt Sign Company Signs
8623 649.64 Pine Cone Lumber Co. , Inc. Field Supplies
8624 36.92 Prentice-Hall , Inc. Reference Book
8625 165.00 Fred Pryor Seminars Seminar--James Boland
8626 11 .28 Rancho Hardware Field Supplies
8627 324-83 Redwood Trade Bindery Brochure Folding
8628 101 .08 San Francisco Water Department Water Service
8629 350.00 E. R. Sheehan Trail Repairs
8630 275.63 She] } 0| l Company District Vehicle Repairs and Fuel
8891 52.50 S & | Technical Services Modifications to Radios
8632 35^959.57 SorJrager Trucking Hassler Site Renovation
8633 17.97 S & W Equipment Company Equipment Repair Parts
8634 26.74 David Topley Reimbursement--Uniform Expense
8635 147~]] Union Oil Company Fuel for District Vehicles
8636 48O.0U+ U. S. Postmaster Postage for Meter
8637 400.OU U. S. Postmaster Postage for Meter
8638 49.O0 Sandy Voorhees Private Vehicle Expense
8639 25,65 Ellis Wallace Reimbursement--Office Supplies
864O 142.04 Western Fire Equipment Company Field Equipment �
8641 100.00 Del Woods
Reimbursement--Cootechnical Analysis �
�
Expense
8642 758.61 Xerox CoporaLion Maintenance and Sup' lies �
�
�
� Issued as an emergency check on August 8, 1985
�
| ----- �
�
CLAIMS D��. 85-16
Mss�t' 85-21
MZDPE0ZlVSOLA REGIONAL OPEN SPACE DISTRICT DaLte: August 14, 198
REVISED
Amount Name Description
8577 454-39 A T & T Information Systems Telephone Equipment
8579 57-03 Paker Graphics, Inc. Artwork Enlargement
858o 114-50 Baron Welding & Iron Works Field Supplies
8581 3,115-00 Louis Bordi Rancho San Antonio Water Project
8582 900.00 California Advocates, Inc. Legislative Consultant Fee for July
8583 310.96 California Water Service Company Water Service
8584 217-98 James X Chamberlin Contractor Water Pump Repairs
8585 28.55 Clark's Auto Parts Field Supplies
8586 213-00 Communications Research Company Radio Maintenance
8587 27.22 Patrick Congdon Reimbursement--Field Supplies
8589 27.45 Crest Copies, . -Inc. Map Bluelines,
8590 318.25 Alice Cummings Reimbursement--Conference Fee and
8rzol Private Vehicle Expense
5;000-00 Dana Real Property Analysis Appraisal Services
8(_ 89.*88 The Dark Room Photo Reproduction
8593 237-90 Discount Office Supply Office Supplies
8594 6.35 Pete Ellis Dodge Parts for District Vehicle
8595 47.68 El Monte Stationers Office Supplies
8596 52.43 John Escobar Reimbursement--office Equipment
8597 32,332.00 First American Title Company Preliminary Title Report and Closs
Acquisition
8599 500.00 Foss & Associates Professional Services for July
8602 195-05 Harbinger Communications Computer Services
8603 235.20 -Honeywell Protection Services Alarm Service
� 86O4 124.0 Hubbard & Johnson Field Supplies
� 86O5 29.46 Image Technology Mylar Base Map
8806 458.00 Mory Johnson Building Inspection
8607 2, 108.55 Keller and DasekYng, Architects Hassler Site Renovation �
�8k 10.50 Lawrence Tire Service, Inc. District Vehicle Tire Repair
8609 545.00 Los Altos Garbage Dumpster Rental
�
/
Amount
Name
CLAIMS NO. 85-16
Meeting 85-21
August 14, 1985
REVISED
Description
8611
8612
8613
8614
8615
8616
8617
8618
8619
8620
8621
8622
8623
8624
8625
8c: ,
82
7
8628
8629
8630
8631
8632
8633
8634
8635
8636
$637
8638
8639
8640
8641
11.00
878.27
364.22
178.58
110.00
33.10
1,109.25
825.12
243.62
15.00
65.97
1,128.81
457.95
649.64
36.92
165.00
11.28
324.83
101.08
350.00
275.63
52.50
35,959.57
17.97
26.74
147.33
400.00'=
400.00
49.00
25.65
142.04
100.00
86/0 758.61
86 203.15
Geyer McAllister Publications, Inc.
Minton's Lumber & Supply
Mobil Oil Credit Corporation
Monta Vista Garden Center
National Recreation and Park
Association
Stanley R. Norton
Olsten of Palo Alto
Pacific Bell
Pacific Gas & Electric Company
City of Palo Alto
Peninsula Blueprint
Peninsula Oil Company
The Perfect Shirt Sign Company
Pine Cone Lumber Co., Inc.
Prentice -Hall, Inc.
Fred Pryor Seminars
Rancho Hardware
Redwood Trade Bindery
San Francisco Water Department
E. R. Sheehan
Shell Oil Company
S & 1 Technical Services
Sordrager Trucking
S & W Equipment Company
David Topley
Union Oil Company
U. S. Postmaster
U. S. Postmaster
Sandy Voorhees
Ellis Wallace
Western Fire Equipment Company
Del Woods
Xerox Coporation
Petty Cash
Issued
Subscription
Field Supplies
Fuel for District Vehicles
Field Supplies
Membership Dues --Herbert Grench
June Expenses
Temporary Office Help
Telephone Service
Utilities
City Council Agenda
Drafting Supplies and Bluelines
Fuel for District Vehicles
Signs
Field Supplies
Reference Book
Seminar --James Boland
Field Supplies
Brochure Folding
Water Service
Trail Repairs
District Vehicle Repairs and Fuel
Modifications to Radios
Hassler Site Renovation
Equipment Repair Parts
Reimbursement --Uniform Expense
Fuel for District Vehicles
Postage for Meter
Postage for Meter
Private Vehicle Expense
Reimbursement --Office Supplies
Field Equipment
Reimbursement--Geotechnical Analysis
Expense
Maintenance and Supplies
Field Supplies, Meal Conferences,
Express Mail, Drafting and Office
Supplies, and Private Vehicle Expense
as an emergency check on August 8, 1985