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19850911 - Agendas Packet - Board of Directors (BOD) - 85-24
v p Meeting 85-24 AAW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 REGULAR MEETING BOARD OF DIRECTORS Wednesday 375 Distel Circle, D-1 September 11, 1985 Los Altos, California 7:30 P.M. AGENDA (7:30)* ROLL CALL APPROVAL OF MINUTES (August 14, 1985; Continued Meeting of August 14, 1985; and Special Meeting of August 15, 1985) WRITTEN COMMUNICATIONS ADOPTION OF AGENDA ORAL COMMUNICATIONS OLD BUSINESS WITH ACTION REQUESTED (7:45) 1. Adoption of Amendments to Long Ridge Open Space Preserve Use and Management Plan Regarding Trail Alignment and Signing -- D. Hansen (8:00) 2. Final Adoption of the Interim Use and Management Plan for the Darling Acquisition to the La Honda Creek Open Space Preserve -- D. Hansen (8:05) 3. Final Adoption of Interim Use and Management Plan for State Lands Commission Lease Addition to the San Mateo County Baylands Reserve -- D. Hansen NEW BUSINESS WITH ACTION REQUESTED (8:10) 4. Letter to Duveneck Family in Recognition of the Contributions of Frank Duveneck to This District -- T. Henshaw (8:15) 5. Response to Request by Santa Clara Valley Water District for District Contribution to Proposed Reseeding Project on Sierra Azul Open Space Preserve -- D. Hansen (8:25) 6. Willingness by Midpeninsula Regional. Open Space District to Acc•eDt Management of the Leslie Dike South of the Dumbarton. Bridge -- D. Hansen (8:45) 7. Scheduling of Special Meeting With San Mateo County Board of Supervisors and Discussion of Agenda Items -- T. Henshaw (9:00) 8. Approval of Monte Bello Open Space Preserve Communications Sublease by Gill Industries -- C. Britton Resolution Approving the Ground Communications Sublease Between Gill Industries and Westinghouse Broadcast and Cable Company, Inc. , KPIX and Authorizing General Manager to Approve and Execute This and Future Lease Revisions, Amendments and Subleases of a Minor Nature as Determined by the General Manager (Monte Bello Open Space Preserve - Black Mountain) (9:05) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ANNOUNCEMENT OF FUTURE COMMITTEE MEETINGS--OPEN TO THE PUBLIC The Legislative Committee will meet at the District office at 7 :00 P.M. Wednesday, September 11, 1985. .....� The Eminent Domain Policy Committee is planning to meet at the District office at 7:30 P.M. on Tuesday, September 10 or Thursday, September 12, 1985. A second meeting is tentatively planned for September 16 at 7:30 P.M. Please contact the District office at (415) 965-4717 to confirm dates of the meetings. NOTE : The first meeting has definitely been scheduled for Thursday, September 12 at 7 :30 P.M. *Times are estimated. Agenda is subject to changes of order. Jean ff. Fiddes District Clerk i i 1 Meeting 85-21 V MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE DA,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS AUGUST 14 , 1985 MINUTES I . ROLL CALL President Teena Henshaw called the meeting to order at 7 :10 P.M. Members Present : Katherine Duffy , Nonette Hanko, Teena Henshaw, and Edward Shelley. Richard Bishop arrived at 7 :13 P .M. , Daniel Wendin arrived at 7 :20 P.M. , and Harry Turner arrived at 7 :34 P.M. Personnel Present During the Meeting : Herbert Grenchl Craig Britton, Jean Fida-es , Stanley Norton , James Boland, Del Woods , Joyce Nicholas, Mary Gundert, and Enema Johnson. II . CLOSED SESSION The Board recessed to Closed Session to discuss litigation matters falling under subdivisions (b) (11 ) and (b) (2) of Government Code Section 54956.9. The Board- reconvened to Public Session at 8 :00 P.M. T. Hensha%,; stated with the Board ' s concurrence that the proposed Closs acquisition and the Special Order of the Day would be the first agenda items to be considered . --here was no objection. III . NEI! BUSINESS WITH ACTION REQUESTED A. Proposed Closs Property Acquisition to Rancho San Antonio Open Space Preserve (Report R-85-21 dated August 6 , 1985) C. Britton stated the District has been offered the opportunity to buy a 2 . 5 acre parcel adjacent to Rancho San Antonio Open Space Preserve for $160 ,000 , and that an adjoining site is being donated to Peninsula Open Space Trust. He added that the sellers had re- quested the land not be built upon and that it remain open space. D. Woods stated that interim use and management plans included boundary signing and investigation of the feasibility of gating the dirt road into High Meadow Stables to restrict illegal vehicle entry into the Preserve. Mr. and Mrs. Closs , who were present at the meeting, expressed their satisfaction with the proposed use of the property. Motion: D. Wendin moved that the Board adopt Resolution 85-37 , a 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) . Herbert A.Grench,General Manager Board of Directors Katherine Duffy.Nonelte G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 85-21 Page two K. Duffy seconded the motion. The motion passed 7 to 0 . Motion : D. Wendin moved that the Board tentatively adopt the interim Use and Management Plan recommendations con- tained in staff report, name the property as an addition to the Rancho San Antonio Open Space Preserve , and indicate its intention to dedicate the property as open space . H. Turner seconded the motion. The motion passed 7 to 0 . IV. SPECIAL ORDER OF THE DAY A. Award for District ' s Docent Program (Memorandum M-85-119 dated August 8 , 1985) H. Grench reported that the Friends of Parks and Recreation Award for the District' s Docent Program had been awarded by the National Association of County Park and Recreation Officials and noted this was the first national award received by the District. President T. Henshaw accepted the award in behalf of the Board and presented it to ten-year docent Doug Erskine and Docent Program Coordinator Joyce Nicholas. V. APPROVAL OF MINUTES A. July 10 , 1985 Motion : E. Shelley moved the approval of the minutes of July 10 , 1985 . D. 1%endin seconded the motion. Discussion : D. 1,�endin requested that the minutes actually indicate that Assembly Bill 2198 referred to at the bottom of Page 2 concerned the disposition of surplus school properties . The motion passed 4 to 0 , with R. Bishop, H. Turner, and N . Hanko abstaining because they were absent from the July 10 meeting. B. July 24 , 1985 Motion : D. Wendin moved the approval of the minutes of July 24 , 1985 . R. Bishop seconded the motion. Discussion: D. Wendin noted that the vote on the motion at the top of Page 8 should be 5 to 0 , and T. Henshaw con- firmed that she did not vote against the motion. S. Norton requested his name be added to the list of personnel present at the meeting . William Obermeyer, 22400 Skyline Boulevard, Box 16 , La La Honda, stated the minutes did not reflect D. Wendin' s statement regarding sections of the Long Ridge Road being dangerous. D. Wendin stated he was satisfied with the sense of the minutes as presented. E. Shelley suggested the minutes be tabled to give D. Wendin an opportunity to listen to the meeting tapes to determine if he felt additions should be made to the minutes . Meeting 8 5-21 Page three Motion to Table : E . Shelley moved that the minutes of July 24 be tabled until D. Wendin had an opportunity to review tapes of the meeting and that they be presented for approval at the next meeting at which D. Wendin is present. T. Henshaw seconded the motion. Discussion : D. Wendin noted his opposition to the motion, stating he felt Mr. Obermeyer was trying to have the minutes reflect statements that were supportive of Mr. Obermeyer's position regarding the Long Ridge Road. D. Wendin said he was not willing to listen to the meeting tape, explained that the minutes were not verbatim minutes and said they should reflect the Board's action at the meeting, ' not one Board member' s opinion. R. Bishop noted that unless there is a challenge to the accuracy of the minutes as presented, they should remain as presented. The vote to table the minutes failed to pass by a vote of 5 to 2 . Ayes : E. Shelley and T. Henshaw. Noes : K . Duffy, D. Wendin , N . Hankol R. Bishop and H . Turner. Mr. Obermeyer said the Portola Park Heights Homeowners ' Association was unclear whether the Long Ridge Road is private or public due to the District ' s response and S . Norton replied that his legal opinion was included in the meeting ' s packet material. Mr. Obermeyer requested that the minutes reflect that Mr. Touchatt had challenged the statement that hikers were not inter erring with the Homeowners ' easement rights . Mr . Touc'natt subsequently agreed that the statement attributed to him on page five of the minutes was acceptable to him. The motion to approve the minutes passed 5 to 0 with H. Turner and N. Flanko abstaining because they had been absent at the July 24 meeting. VI . WRITTEN COMMUNICATIONS E. Johnson stated the Board had received written communications from the following : 1) George Henry of Portola Valley regarding District acquisition priorities ; 2) Peninsula Open Space Trust regarding the Skyline Ridge Master Plan implementation; 3) Candace Stone of the Portola Park Heights Homeowners ' Association regarding the Portola Heights Road ; 4) Robert Zatkin of Woodside expressing opposition to a backpack camp at Purisima Creek Redwoods Open Space Preserve; 5) Richard and Eva Blum of Woodside regarding eminent domain and development on Russian Ridge; and 6) Lawrence Hankland of La Honda concerning development on Russian Ridge . Meeting 85-21 Page four Phone calls were received from the following: 1) Annie Ur�ach of Palo Alto concerning development on Russian Ridge and eminent domain; 2) B.L. Lewis of Woodside regarding eminent domain policies and development on Russian Ridge; 3) Wanda Alexander concerning eminent domain; and 4) Jean Rusmore of Menlo Park concerning trails and backpack camp at Purisima Creek Redwoods Open Space Preserve. Jay Thorwaldson and Jim Warren presented a letter to the Board regarding a proposed eminent domain ordinance. T. Henshaw noted the letters pertaining to agenda items would be con- sidered during the appropriate agenda item. She referred the other letters and phone messages to staff. N . Hanko recuested a clarification regarding the disposition of the letter from thePeninsula Open Space Trust. T . Henshaw replied that she, K. Du--"--Fy and R. Bishop had met with POST representatives . She said that the Board had discussed the matter at the previous Board meeting and that she would brief N. Hanko. VII. ADOPTION OF AGENDA T. Henshaw stated the amended agenda was adopted by Board consensus . VIII . ORAL COMU41UNII CATIONS R. Fisse of the South Skyline Association asked why the Brown Act listing of property owners and related map were not posted on the wall. H. Grench responded that there is no District policy to display the material permanently , but that the items are available to the public for review upon request. Candace Stone requested that communications and information for the Portola Park Heights Hoi-:eownersl Association be sent to her as soon as possible and asked staff to call her so she could pick up such items at the District office . General discussion followed regarding the mailing of meeting packets and problems associated with mail delivery. T. Henshaw requested the subject be included in a future agenda item concerning various Dis- trict procedures . IX. OLD BUSINESS WITH ACTION REQUESTED A. Tentative Policy Decisions Regarding Use of Eminent Domain, Imple- mentation of Brown Act Amendments , Acquisition of Land Outside District Boundaries and Annexation (Memorandum M-85-120 dated August 8 , 1995) D. Wendin suggested that the concept of a contract should be dis- cussed prior to review and discussion of the draft policies . Discussion centered on whether there should be a contract in addi- tion to or instead of a trigger and whether the concept of a con- tract is appropriate . R. Bishop agreed with D. Wendin that the contract concept should be discussed. He said the Eminent Domain Policy Committee needed Meeting 85-21 Page five guidance from the Board on this matter. E. Shelley said he would rather the District not have contracts with landowners and questioned the enforceability of such an instrument. S . Norton concluded that the draft contract he had presented, in his view, would likely be upheld in a court of law if the term of the contract was not unreasonably long. N . Hanko noted the Committee had not discussed the concept of a contract in depth and said there was nothing in writing to review and discuss. She added she favored a contract similar to the Williamson Act contract which would address private open space. D. Wendin said that, according to the draft policies , the only parcels that would be excluded from eminent domain were those that were occupied single family lots . He added that other parcels without the trigger would still be subject to eminent domain, and parcels that have a holding period may or may not be subject to eminent domain. He said he favored having a unilateral contract with anyone but added it needs to be limited in order to be enforce- able. He said he no longer favors a trigger concept. R. Bishop said the District shoud proceed with caution in deciding with whom to enter into contracts and that they should be limited to single family dwellings on lots that do not have subdividable land. H . Turner stated his opinion that contracts would be appropriate for the private open space concept , but may present a possible disadvantage if used on undeveloped properties because of possible limitation of public access. He said he was interested in the con- tract being used as a substitute for a trigger. E. Shelley stated he would not be opposed to a limited category for the contract, such as those parcels effectively not excluded by other policies. Motion: D. Wendin moved that the discussion of Land Acquisition Policies include discussion of the concept of contracts as one means of implementing the policy. R. Bishop seconded the motion. The motion passed on the following vote : Ayes : K. Duffy, D. Wendin, R. Bishop, T. Henshaw, H. Turner , and E. Shelley. Noes : N. Hanko. Discussion: K. Duffy stated she does not object to using the contract for areas where eminent domain would not be used, but said she did not understand its use for a broad spectrum since it may affect trail acqui- sition and have other ramifications . R. Bishop asked for guidance to the Committee on duration of a contract and suggested the Committee consider a period of 25 years . D. Wendin said that contracts could be renewable if the Board did not withdraw the contract. Janet Schwind, 11825 Skyline Boulevard, Los Gatos , stated her opinion that many property owners would favor having a contract. Meeting 85-21 Page six Jim Warren, 345 Swett Road, Woodside , noted contracts are not needed _4 _` policies with reasonable restraints are adopted. Charles Touchatt, P.O. Box 254 , Redwood City, said he favors con- tracts and that the District should honor the Williamson Act since it restricts what can be done with the land. Motion : N. Hanko moved that Version 1 of the Land Acquisition Policies be considered, that paragraphs 1 , 2 , and 3 be discussed, and that the Board tentatively adopt Version 1 , paragraphs 1 , 2 and 3 . T. Henshaw seconded the motion. Discussion : K. Duffy noted paragraph 2 mentioned eminent domain contracts and the Board had not agreed on the type of contract that might be used. R. Fisse asked if the planning area was greater than the District boundaries . D. Wendin explained there is transi- tion language that covers the fact that the planning areas have not been extended to include the sphere of influence and until they are, the sphere of influence areas will be considered to be within the planning area. He added that the first paragraph states the desire of the District to acquire open space from willing sellers within the planning areas designated in the Master Plan, but that does not preclude acquisition outside planning areas. E. Shelley said the temporary definition of planning area until the :Master Plan is rewritten is the existing planning area plus the remainder of the sphere of influence. D. Wendin stated it was the intent to make it clear that eminent domain could be considered only in the planning areas and not in the gray areas . N. Hanko requested confirmation that "within the planning areas designated in the District ' s Master Plan" could include or exclude areas that the Board may decide would not be part of the planning area because they are developed communities. Thomas Kavanaugh , 1726 Spring Street, Mountain View, asked that paragraph two be changed so that an informational brochure on relevant law and District policy on eminent domain be given to all landowners with whom the District negotiates . Motion to Amend : D. Wendin moved to amend the motion to change paragraph 1 of the preamble to include the transition language from the staff report and to add language that clarifies that eminent domain is used only in planning areas defined in the Master Plan. R. Bishop seconded the motion. The motion to amend passed 7 to 0 . The motion to tentatively adopt Paragraphs 1, 2 , and 3 of Version 1 passed 7 to 0 . Meeting 85-21 Page seven Motion : D. Wendin moved tentative adoption of the balance of Version 1 with the deletion of trigger language to make unimproved property subject to eminent domain , with the specific deletion in condition two of everything after the word unimproved and the deletion in condition three of "and a subdivision application is filed (or was pending as of May 1, 1985) or a division of ownership is made , " , substituting the phrase "and is susceptible to subdivision, " , continuing with "but only the unimproved portion of the property may be acquired, provided that: " . T. Henshaw seconded the motion. Discussion: H. Turner remarked that the value of keeping the trigger in condition three was that it eliminated an ambiguity and that he would like to keep the trigger in condition three. R. Bishop stated he favored the first paragraph under the "Eminent Domain" heading that stated "eminent domain shall not be used to acquire all or any part of an improved property that is not suscep- tible to "further subdivision" because it protects home- owners. E. Shelley said a clear definition of the word "improved" is needed. T. Henshaw stated the Board's consen.3US that the Committee should work on a definition. W. Oberrn.eLL,,er noted that nearly every parcel is suscep- tible to subdivision. E. Shelley suggested adding "into two more legal building sites" to the condition under consideration. The Board members decided to vote on the ;uggestion at a later time. There were no Board or public objections to the second paragraph under "Eminent Domain" which states : "In addi- tion, the use of eminent domain shall not be considered except under the following conditions : " . After discussion, the Board agreed that "more than 50V was agreeable for the first condition listed for the use of eminent domain; i .e. , "there is a request or consent by those owning more than 50% of the fee interest in the property" . N. Hanko stated she would like to have eminent domain used only when agressive action has taken place, when a landowner does not want to keep land in open space, and stated she wanted the wording in the secondcondition to remain unchanged and the trigger retained. 11. Turner and E. Shelley agreed with D. Wendin' s state- ment that if the District waits for a trigger mechanism to use eminent domain, it would be too late. D. Wendin said that to have a trigger mechanism that is not properly defined when it is used is wrong and added that those who want to enter into a contract for private open space may do so. Meeting 85-21 Page eight' Linda Elkind, 2040 Tasso Street, Palo Alto, urged that the Board regain the use of eminent domain except in cases of individual homeowners and that the Board be cautious concerning trail access. The Board recessed at 10 : 25 P.M. and the meeting reconvened at 10 : 35 P.M. R. Bishop spoke in favor of retaining the trigger and said it was too difficult to make a contract substi- tute for a trigger. D. Wendin stated that the contract has a trigger built into the language. H. Turner spoke against retention of the trigger language. D. Wendin noted no differentiation had been made regarding large and small parcels and proposed keeping the trigger for unimproved parcels that are not susceptible to sub- division but removing the trigger language for larger parcels . Motion to Amend: D. Wendin moved to amend the motion to include a section 2a which would apply to unimproved parcels sus- ceptible to subdivision having no trigger, and a section 2b which would apply to unimproved properties not suscep- tible to subdivision and having a trigger . H. Turner seconded the motion to amend. Discussion: T. Henshaw stated that the motion to be voted upon is to approve in concept condition 2 as divided. D. Wendin noted the-re is the question of what to do with unimproved but not subdividable lots and that there is public pressure to exempt them permanently. He suggested removing those small lots from present consideration. N. Hanko asked that his proposal be put in writing so that everyone could consider it. T. Henshaw stated the Board ' s consensus that the proposal should go to the Committee and a separate Board meeting be devoted to the matter. The motion to amend passed on the following vote : Ayes : D. Wendin, K. Duffy , H . Turner, and E. Shelley. Noes : T . Henshaw, R. Bishop, and N. Hanko. Motion : D. Wendin moved to delete any reference to unimproved properties not susceptible to subdivision and return the matter to the Committee. E. Shelley seconded the motion. The motion passed on the following vote : Ayes : D. Wendin, K. Duffy, H. Turner, E. Shelley, T. Henshaw, and R. Bishop. Noes : N. Hanko. D. Wendin summarized the motion remaining on the floor as follows : two changes were made in the initial paragraph (transition language and planning area language) ; clarification of the word "subdivision" at the end of the first paragraph following "EMINENT DOMAIN" (by consensus) ; Meeting 85-21 Page nine insertion of a semi-colon after the word "unimproved" in condition 2 and deletion of consideration of properties not susceptible to subdivision; condition 3 to read: "The property is improved and is susceptible to subdivision, but only the unimproved portion of the property may be acquired. " N. Hanko stated she had strong thoughts on condition 3 and asked that it not be considered and that she be given the opportunity to present her ideas in writing. Motion : N. Hanko moved that Number 3 be continued. D. Wendin seconded the motion. The motion passed on the following vote : Ayes : D. Wendin, K. Duffy , H. Turner, N. Hanko, T. Henshaw, and R. Bishop. Noes : E. Shelley. Motion: D. Wendin moved to table the motion and requested that a straw vote be taken on subdividable , unimproved properties. R. Bishop seconded the motion. Discussion: T . Henshaw recommended the question be returned to the Committee and not be presented until a full Board is present and that it be the single item of business on the agenda. The motion passed 7 to 0 . T. Henshaw appointed D. Wendin to replace R. Bishop on the Committee during his absence . Straw Vote : Proposition : There should be a trigger mechanism for unimproved property susceptible to subdivision with the trigger being of the kind found in condition 2 . E . Shelley seconded the proposal . Ayes : K . Duffy , N. Hanko and R. Bishop. Noes : H. Turner , E. Shelley, and D. Wendin Abstain : T. Henshaw. Due to the lateness of the hour, T. Henshaw requested that the agenda items concerning Long Ridge Road be continued , and asked if they could be held over until the next regular Board meeting. C. Touchatt said staff had not met with the neighbors regarding trail alignments and said that the neighbors wished to meet with staff before the item was considered by the Board. H. Grench suggested that a field trip-site workshop be held prior to the item being presented at the August 28 meeting. C. Touchatt requested that Sandy Touchatt' s letter of April 24 be addressed at the August 28 meeting. W. Obermeyer stated he has had complaints from homeowners about horses blocking the easement on private land as well as District lands and said that the signs intalled by the District need to be replaced. Motion: R. Bishop moved that the Board continue agenda items 4 , 5, 6 , 7 , 9 and 10 to the next regular Board meeting and that the present meeting be continued to resume at the conclusion of the Special Meeting of August 14 to consider item 8 on the agenda. H. Turner seconded the motion. The motion passed 7 to 0 . Meeting 85-21 Page ten X. NEW BUSINESu. WITH NO ACTION REQUESTED A. Confi.rma--ion of Scheduling of Special meeting for August 15 (Memoran- dum M-83-123 dated August 9 , 1985) H. Grench asked for confirmation that at least five Board members would be present for the August 15 Special Meeting. Only H. Turner stated he would be unable to attend. XI . CLAIMS Motion: H. Turner moved the adoption of the Revised Claims 85-16 . R. Bishop seconded the motion. The motion passed 7 to 0 . XII. CLOSED SESSION H . Grench stated no litigation matters would be discussed during Closed Session. The Board recessed to Closed Session on land negotiation matters at 11 :50 P.M. XIII . ADJOURNMENT The Board reconvened to adjourn the meeting at 11 :55 P.M. Emma Johnson Secretary CLAIMS No. 85-16 Meeting 85-21 REGIONAL OPEN SPACE DISTRICT Date: August 14, 19 C L REVISED Amount Name Description 8577 454.39 A T & T Information Systems Telephone Equipment 8578 12.00 AmeriGas . Tank Rental �8579 57-03 Baker 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 18587 27.22 Patrick Congdon Reimbursement--Field Supplies :8588 941 .63 Creegan & D'Angelo 8589 27.45 Crest Copies , . Inc. Engineering Services--Novitiate Fence Map Bluelines 8590 318.25 Alice Cummings Reimbursement--Conference Fee and Private Vehicle Expens�. '8(1 5;000.-00 Dana Real Property Ar2i,,,Sis Appraisal Services B___ 89.88. The Dark Room Photo Reproduction 85333 237-90 Discount O`Fice Supply Office Supplies 85D4 6.35 Pete Ellis Docg Parts for District Vehicle 8595 47.68 El Monte Stationers Office Supplies 8536 52.43 John Escobar Reimbursement--office Equipment 8597 32,332.00 First American Title Company Preliminary Title Report and Closs, Acquisition B598 43-00 Jean Fiddes Reimbursement--.2Penspace Postage Due 8599 500.00 Foss & Associates Professional Services for July 8600 38- 17 Herbert Grench Reimbursement--Meal Conference ' 5601 53- 10 Mary Gundert Private Vehicle Expense 3602 195-05 Harbinger Communications Computer Services 3603 235.20 -Honeywell Protection Services Alarm Service 3604 124.08 Hubbard & Johnson Field Supplies 3605 29.96 Image Technology Mylar Base Map 3606 450.00 Mory Johnson Building Inspection 36,07 2, 108.55 Keller and Dascking, Architects Hassler Site Renovation 3 10-50 Lawrence Tire Service, Inc. District Vehicle Tire Repair 1609 5115.00 Los Altos Garbage Dumpster Rental iLAIMS NO. 85-7--]G- Meeting . 85-21 August 14, 1985 Amount Name Description Description 11 .00 S.yer McAllister Publications, Inc. Subscription 8611 878.27 �`inton's Lumber & Supply Field Supplies 8612 364.22 ;'obit Oil Credit Corporation Fuel for District Vehicles '8613 178-58 Xonta 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 8619 15.00 City of Palo Alto City Council Agenda 3620 65.97 Peninsula Blueprint Drafting Supplies and Bluelines 8621 1 , 128.81 Peninsula Oil Company Fuel for District Vehicles 3622 457.95 The Perfect Shirt Sign Company Signs .)623 649.64 Pine Cone Luber Co. , Inc. Field Supplies 3624 36.92 Reference Book 35625 165.00 Fred Pryor Se7,7nars Seminar--James Boland 2 11 .28 Rancho Hardware Field Supplies 027 324.6� R ed,..iood Tra�e I Brochure Folding 43623 101 .08 San FranciscD ',,,'titer Department Water Service 29 350.00 E. R. Sheehan e Trail Repairs 630 275.63 Shell Oil Co--any District Vehicle Repairs and Fuel 631 52.50 S & I Technical Services Modifications to Radios 032 35,959.57 Sordrager Trucking Hassler Site Renovation .�633 17.97 S & W Equipment Company Equipment Repair Parts 634 26-74 David Topley Reimbursement--Uniform Expense 147-33 Union Oil Company Fuel for District Vehicles �636 400.0o* U. S. Postmaster Postage for Meter 3637 400.00 U. S. Postmaster Postage for Meter �638 49.00 Sandy Voorhees Private Vehicle Expense 63639 25.65 Ellis Wallace Reimbursement--office Supplies 0 142.04 Western Fire Equipment Company Field Equipment I t641 100.00 Del Woods Reimbursement--Geotechnical Analysis 758.61 Xerox Coporation Expense Maintenance and Supplies .r61,J 203- 15 Petty Cash Field Supplies, Meal Conferences, Express Mail , Drafting and Office Supplies, and Private Vehicle Expense Issued as an emergency check on August 8, 1985 A Meeting 85-22 IMMIX MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 SPECIAL MEETING BOARD OF DIRECTORS AUGUST 15 , 1985 MINUTES I . ROLL CALL President Teena Henshaw called the meeting to order at 7:40 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Nonette Hanko, Daniel Wendin, and Richard Bishop. Member Absent: Harry Turner. Personnel Present: Herbert Grench, Craig Britton, Del Woods, Jim Boland, Jean Fiddes, Alice Cummings, Michael Foster, John Escobar, Cecilia Cyrier, and Joan Combs. II . ORAL COMMUNICATIONS There were no oral communications. III . NEW BUSINESS WITH ACTION REQUESTED A. Proposed Acquisition of El Corte de Madera Creek Open Space Preserve (Lands of Hoskinq) (Report R-85-42 of August 13, 1985) H. Grench introduced Alan Hosking and his assistant, Bill Dooley. He said that the proposed acquisition was the largest in the District' s history in -C terms of acreage and cost and that there were major financial implications. He reported that according to Michael Foster, the District' s Controller, this single transaction could take approximately one-third of the District' s land acquisition funds over the next twenty years and that staff had looked particularly carefully at projected cash flow and potential Open Space Management growth in light of the proposed acquisition. He noted that another aspect about this particular acquisition was the implications in terms of Open Space Management and said that this was the first time the Board was being asked to make concurrently a commitment for additional open Space Management funding as part of an acquisition. H. Grench said he was recommending the entire acquisition, including the option parcels, because the opportunity for acquiring such a large amount of open space should not be passed up, and added that he felt the transaction was very beneficial to the District because of the opportunity to re-evaluate the District' s options in four years. He said that he would not have recommended the initial 595 acre area at $3. 675 million without the rest of the package. D. Woods pointed out the prospective acquisition on a wall map, noting that Parcels A and B were under consideration for acquisition at the present time. He said the entire property was zoned TPZ (Timber Production Zone) , and a timber management plan is on file with the County of San Mateo. He discussed potential trail routes and parking areas. A. Cummings showed slides of the property. Herbert A.Grench,General Manager Board of Directors:Katherine Dully,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 85-22 Page two J. Boland reviewed the interim use and management recommendations for the property. He said that the new preserve would require a significant amount of patrol, an estimated 25 to 30 hours of Ranger time per week. He noted that $38, 000 had been identified as potential Open Space Management funding needs associated with this potential acquisition, including an additional Ranger, and a patrol vehicle. N. Hanko asked if the picnic table in Parcel A could be retained and restored if the broken parts were repaired or removed. D. Woods said a portion of the table was hazardous, adding that the hazardous portion could be removed and the rest of the table retained until further study had been made. D. Wendin said he supported retaining the table, if possible. Jim Warren, 345 Swett Road, Woodside, said the picnic table had some local historical value and suggested the table be retained until further study. T. Henshaw stated the concurrence of the Board that the non-hazardous portions of the picnic table should be retained for the present. C. Britton discussed the terms of the acquisition in detail, noting that a Purchase agreement and an option agreement were included. He said the Master Purchase Agreement covered the acquisition of Parcels A and B (595 acres) , excluding the 3. 8 acre lot which would be retained by Theresa Hosking. He said the purchase price would be approximately $3, 675, 000 and described the framework of the Master Purchase Agreement using a wall chart to illustrate the components of the Agreement. N. Hanko, referring to item vii under Master Purchase Agreement in the staff report, noted that the Master Agreement stated "Ranger/caretaker" rather than "Ranger" as stated on page 14 of the staff report. C. Britton said "Ranger/Caretaker" had been used consistently in the Agreement. N. Hanko said that she wished it to be noted that "Ranger/Caretaker" should appear in the report as well as the Agreement. C. Britton stated that the phrase "Ranger/Caretaker" had been used to allow for the option of having either a District Ranger or a caretaker hired by the District living in the residence being provided in the barn structure. E. Shelley asked if there were any existing timber rights on Parcels A and B. C. Britton said that the entire property was encumbered with timber rights, and deeds of trust held by Big Creek Lumber Company for security of the timber projects. He said that as part of the purchase agreement, the property will be delivered free and clear of all liens of the Big Creek Lumber Company. He said that the lumber company would continue to harvest timber on Parcels 1 and 2, noting that Big Creek Lumber Company owns title to 4, million board feet. He stated that there would be no logging truck activity over the two parcels being proposed for immediate acquisition. C. Britton discussed the Option Agreement, which would cover a four year period. He said that although option payments would be made on the anniversary date of close of escrow, the District would be required to notify Mr. Hosking on or before March 1 of each year of its intentions in order to allow Mr. Hosking Meeting 85-22 Page three to sell timber in the event the District did not extend the option. C. Britton reviewed the payment schedule to extend the option, which called for a total payment over the four year period of $1, 050, 000. He said that at any point in that period of time , the District could acquire Parcel 1 for $5,626 ,000 with 20% down and the balance paid over a ten year period at 8%. He said that if the District exercised the option for Parcel 1, the District would be deeded Parcel 2 , with six years in which to decide whether to acquire Parcel 2. He said that if the District exercised the option on Parcel 1 and declined Parcel 2, it would be deeded back to Mr. Hosking, who would be allowed to build fifty units on Parcel 2. In response to a question from N. Hanko regarding how the District would monitor the amount of board feet of timber cut, C. Britton said that the agreement provides that the District can hire a forester to work with Big Creek Lumber Company and added that there is already a timber harvest plan on file with San Mateo County that dictates the areas of future timber harvest. He said that Big Creek Lumber Company holds exclusive timber rights to the property. N. Hanko said she was concerned about guaranteeing the preser- vation of first growth redwoods on the site, and Mr. Hosking said that the first growth redwoods are outside the designated logging area. C. Britton introduced Jim Curlett and Lorraine Clasquin, who provided legal advice and services to the District during negotiations for the property. He also introduced Mr. Hosking's attorney, David Lively. R. Bishop noted that the acquisition would consume a substantial portion of the District' s finances over a 20 year period and could limit the District' s ability to acquire other important parcels, and asked if an analysis had been made to determine if other money would be available for acquiring desirable property. C. Britton said that a financial analysis had been made and a su-im-nary was included as an appendix for the Board report. He said a key element of the analysis was that the District had acquired an average of 1400 acres per year, and during the next five years, the cash analysis shows the purchase would not severely impact the District' s acquisition program. N. Hanko, referring to Exhibit D to the Master Agreement, noted language missing at the end of paragraph (ii) , which refers to improvements on the Life Estate Parcel. C. Britton said the missing line should read: "scale, height and bulk of such buildings" . N. Hanko noted a typographical error in which "parcel" was spelled "parcela" in Exhibit F of the Master Agreement. She also requested the correction of "Ranger" to "Ranger/Caretaker" in the Option Agreement to assure consistency with the Master Agreement. J. Warren asked if the options relative to Parcels 1 and 2 gave the District patrol rights to those parcels, noting extensive intrusion of motorcycles on these parcels. C. Britton said the Pacific International Trails Society (PITS) had a month to month lease on the property which would be discontinued upon acquisition by the District. Meeting 85-22 Page four C. Britton stated that the Board was being asked to consider a third resolution for adoption. He said the resolution provided specific authorization for the issuance of up to $2, 527, 500 of District notes for the acquisition of the property. Moticn: N. Hanko moved that the Board adopt Resolution 85-38, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Master Agreement for Purchase of Interests in 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 (El Corte de Madera Creek Open Space Preserve - Hosking Property) . R. Bishop seconded the motion. Discussion: E. Shelley said that he felt the Board did not take this purchase lightly and that he was convinced that the acquisition would not over-burden the District. K. Duffy said she was very much in favor of the acquisition. The motion passed 6 to 0. Motion: N. Hanko moved that the Board adopt Resolution 85-39, a Resolution of the Board of Directors of the Midpeninsula, Regional Open Space District Authorizing Acceptance of Option Agreement, Authorizing Officer to Exercise Option Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Hosking Property) . R. Bishop seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board adopt Resolution 85-40, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Providing for the Issuance and Delivery of Up to $2, 527 , 000 Principal Amount of "Midpeninsula Regional Open Space District 1985 Install- ment Promissory Notes (Hosking Ranch Acquisition) " . R. Bishop seconded the motion. The motion passed 6 to 0. H. Grench stated that he felt it was important for the Board to make a commitment regarding the transfer of funds, as necessary, from Open Space Acquisition to Open Space Management at this time regarding the need for an additional Ranger and patrol vehicle. He said that the specific authorization for an additional Ranger position and additional truck, as necessary, would be requested from the Board at a later meeting. Motion: N. Hanko moved that the Board adopt the Interim Use and Management recommendations contained in the staff report,indicated its intention to dedicate the property as open space, and unofficially name the 'property El Corte de Madera Open Space Preserve. R. Bishop seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board authorize the General Manager to transfer, as needed, from the Open Space Acquisition New Land Commitments budget category to the Open Space Management' s budget for fiscal year 1985-1986 up to $38 , 000 for funding needs identified in the report. R. Bishop seconded the motion. The motion passed 6 to 0. Meeting 85-22 Page five IV. CLAIMS Motion : E. Shelley moved that the Board approve Claims 85-17 of August 15, 1985. K. Duffy seconded the motion. The notion passed 6 to 0. V. CLOSED SESSION T. Henshaw stated no Closed Session would be held as part of the Special Meeting. VI . ADJOURNMENT The meeting adjourned at 9: 30 P.M. Joan Combs Secretary CLAIMS Nb. 85-17 Meeting -35-22 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date:August 15, 1985 C L A I M S Amount Name Description 8643 1,147,500.00* First American Title Insurance Company Land Acquisition-- • Hosking Property 8644 333,500.00** First American Title Insurance Company Land Acquisition-- Hosking Property * Subject to change when amount of interest payment for delay of close of escrow is known. ** Only required if District is unable to renegotiate T .. the Aural Notes. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 CONTINUED REGULAR MEETING FROM AUGUST 14 BOARD OF DIRECTORS AUGUST 15 , 1985 MINUTES I . ROLL CALL President Teena Henshaw reconvened the Continued Regular Meeting of August 14 , 1985 at 9 : 40 P .M. , August 15 , 1985. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Nonette Hanko, Daniel Wendin, and Richard Bishop. Member Absent: Harry Turner Personnel Present: Herbert Grench, Craig Britton, Del Woods, Jean Fiddes , Alice Cummings , Stanley Norton, and Joan Combs. II . INFORMATIONAL REPORTS T. Henshaw, with the Board' s concurrence, stated that the addition of Infcrmational Reports would be made to the agenda at this point in the meeting. She announced a public workshop to discuss trails on Long Ridge Open Space Preserve on Wednesday, August 21 at 6 : 00 P.M. III . NEW BUSINESS WITH ACTION REQUESTED A. Roberti-Z 'berg Urban Open Space and Recreational Program Grant for Fiscal Year 1985-1986 D. Woods described the proposed additions to the Coal Creek and La Honda Creek Open Space Preserves and showed the proposed acquisitions on the wall map. He said the proposed acquisition to Coal Creek Open Space Preserve could serve as a key point in the Skyline Corridor Trail , He said the La Honda Creek Open Space Preserve parcel was located approximately two miles south of La Honda Road and has two roadside pullout areas that could accommodate approximately two to five vehicles . D. Woods showed slides of the proposed additions. C. Britton said that Roberti-Z 'berg funds will come from proceeds of the 1984 State bond act for parks. He noted that previous bond acts had funded several other District projects. C. Britton said the District's share of the $22,500 ,000 to be allocated in fiscal year 1985-1986 would be $193 ,825 and would require 250 of the project cost to be "funded" by the District. He said the estimated value of the two parcels is approximately $265 ,000. He said the District would buy the parcels at the bargain price of $193 ,000 , and the District share would be the gift portion; therefore there would be no net cost to the District. Herbert A.Grench,Guneral Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Motion: D. Wendin moved that the Board adopt Resolution 95-41 ' a 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 Hondo Creek Open Space Preserve Acquisition Project) . E. Shelley seconded the motion. The motion passed 6 - 0 . IV. CLOSED SESSION H. Grench stated that no litigation matters would be discussed during Closed Session. The Board recessed to continued Closed Session on land negotiation matters at 10 :05 P.M. V. ADJOURNMENT The Board reconvened to adjourn at 10: 40 P.M. IF Joan Combs Secretary WRITTEN C[ qNICATZO0 ' Meetiz^ ,5-24 | Sept. ll, 1985 ' 2021 Arbor Ave Belmont, Ca 9400% � � August 30' 1985 | � � MROSD Board of Directors � 375 O1otel Cirole, Suite D-\ Los Hltos, CH 94027 | | SUBJECT: Eminent Domain Dear Board Members, I attended the public meeting that you held on August 14 to discuss the District's policy with respect to eminent domain. This was the second meeting on the topic that I have attended. The discussion uas interesting but clearly confirmed a feeling developed earlier as a rather fresh observer that the Board has a public relations problem. It is two fold. There are a large number of people who support the Distriot , its objectives, and the bulk of its activities. They stay home, however , i assuming that all is well , and have no real concept that the district and its Board needs their input and support. On the other hand, there are a � number of landowners in the planning area who clearly feel threatened by | | district activities. They are uncertain of your intentions. I have to ! � assume that you are not really interested ,n the holdings of most of them, � and that if a Master Plan clearly showing this were adopted' and if you could find a way to meet the requirements of the Brown Act without simply listing all properties, many would lose intmrest , and you could go back to | | the business of preserving open space in the planning area. There also appears to be a problem in landowner relations with your staff. Some of i the problem clearly comes from an overall animosity to the district � engendered by uncertainty, but you clearly have to speed responses to � | letters, and give no one excuse to complain about niased meetings and / conferences. As I stated in my letter to the Board on August 14. I think that solving ' the public relations problem will make it unnecessary to place substantive ' � and unilateral limits on the use of eminent domain' It is my belief that / the first three paragraphs of the several draft land acquisition policies i discussed on August 14' taken together with a clear Master Plan, are a sufficient eminent domain policy. I have suggested below an alternate draft for them that I think includes some of the issues raised during the diocu551oo. It is the pyLigy of the District to promote private stewardship � of open space in its planning area. It is the desire of the � District to acquire open space from willing sellers gJj]Idn tbe i � olAni1kng 4Ietaq der.4�[�d��i 10 j±V� [b��I���i,�i Mastgc pl�n' It is therefore the pq11qy of the district to use eminent domain only ! in those instances where all reasonable attempts at negotiations / for private stewardship or voluntary acquisition fail and the � property in question is plceplaLy to the open space program of � the District; and where therm are no feasible current or prospective alternate acquisitions that would achieve the District's objectives. I The hard •f the •pen Space District will prepare a brochure explaining its policies and include in the brochure information on the use of arbitration, open space easements and contracts, life estates, and eminent domain exemption contracts as a means of achieving district objectives. In negotiations or discussions with landowners, the District staff shall not threaten eminent domain but will provide landowners a copy of this brochure. In establishing routes for trails, the District shall respect the privacy of developed properties and communities and plan in consultation with the landowners. The policy clearly shows thaf eminent domain is only an act of necessity. The concept of an eminent domain exemption contract is particularly attractive here, because as a contract: between two parties, it does not involve the district in the unilateral act of giving away its right to use eminent domain. The unilateral act is dangerous, because it may not be possible to reverse. It sets a precedent which in these times of a developer oriented legislature could be fixed for ever. In all probability, many of the hundreds of small land owners in the area will see so little threat to them as individuals that you would not be swamped with applications for eminent domain exemption contracts. The fact that dealing with the remaining paragraphs in just one version -took the rest of the night , and that after the Board has already spent months discussingthe issues should be a clear indication that going g 9 further than the first three paragraphs is dangerous. Life is complicated, and a set of rules, no matter, how carefully crafted, is no substitute for the legislative responsibility that you accepted by becoming Board members. I think that you would be especially wary of these paragraphs if you recall the discussions surrounding the concept of a "trigger" . I think that there are coherent and believable arguements that a "trigger•" will cause mass action that could swamp your budget ( somewhat like fish schooling ) . I also heard a reasonable arguement that the reverse could be true. How much better to avoid the difficulty by solving the root problem. If you use the rules instead of good sense, public hearings, and good will , you will miss opportunities and perhaps unduly raise the cost of land acquisition to the tax payers who support you. Thank you for your concern and the hours you spend doing such a good job. I hope my thoughts can help you do it more easily. Sincerely, i David C. Bomberger R Director of the Greenbelt Congress I �. ITTEN COMMUNICATION Meeting 85-24 Sept. 11, 1985 August 28, 1985 22500 Skyline Boulevard La Honda, CA 94020 Board of Directors Mid-Peninsula Regional Open Space District Palo Alto, CA Dear Directors, I have been a resident of the Portola Heights area for 12 years. I have noticed an alarming incidence of pedestrians on the roads this year . I seems that this dramatic increase in pedestrians is due to the publication of a map by you that showed these roads as "trails" . On a recent evening when I was returning home from work , there was a large group of pedestrians obstructing the road. Included in this group was a person dressed similarly to your Rangers. Due to the intense hazard of this pedestrian traffic on the roads that are designed for vehicular traffic, I was forced to stop and then slowly pull through the group. In addition to interference with my easement, the practice of recommending that people walk on an inappropriate and inadequate road will result in injury and death among those who follow your recommendation . I request that you act to remove the interference with my easement that you have created and eliminate the hazard you have created for the public who follow your recommendations. Please remove the pedestrian traffic from my easement by removing these roads from your trail maps and making permanent signs indicating that the road is for motor vehicles only . I hope you act on my recommendation before the current present danger , that you have created, results in injury or death on your land. Best egards, to Stone �i/� WRITTEN COMMUNICATION Meeting 85-24 Sept. 11 , 1985 August 26, 1985 Vr. Ver'hert Grench, General Manager "idneninsula Regional Open Space District 375 Distel Circle, Suite D-1. Los Altos, Ca. , g4022 Res Fire protection Dear Mr. Grench and members of the Board: Tn view of the recent fire in the Mt. Umunhum area, and on behalf of the Mt. Umunbum Property Owners Association, N/E. Division, of which .you are a member, we are expressing our joint concern regarding the lack of adequate fire protection and fire preventative measures in our area. We would welcome ,your suggestions and co-operation in regards to: (1) Developing additional trails which would provide better accessfor fire equipment as well as serve as afire break, and, (2) Developing water storeage areas and facilities, and, (3) the pos*i.bility of forming our own volunteer fire protection agency with some fire fighting equiment suitable for the area. Since you intend to provide public access to ,your lands, we naturally as adjoining property owners, feel some concern for our safety. T have !tsme personal suggestions regarding location of trails and development of water storeage facilities and will be glad to discuss them with you at your convenience. Since. v, U AJIL P Bert Par ow, Chairmen, Yt. Umunhum Property Owners Association, N/E Division P 0 Pox 1107 Los Gatos, Ca 95031 WRITTEN COMMUNICATIONS Meeting 85-24 Sept. 11, 1985 LEAdERShiPSUNNyVAtE August 29, 1985 BOARD OF TRUSTEES Chairperson: Lynn Briody, Herbert Grench, General Manager City Councilmember MID-PENINSULA OPEN SPACE DISTRICT Trustees: Stephen C.Allario,President 375 Distel Circle #D-1 Sunnyvale Hardware Los Altos, CA 94022 Robert Chadwick,Director, Government Relations Signetics Corporation Dear Mr. Grench: Gayle Cornelison,Director California Theatre Center Rev.Francis X.Cottrell We want you, your board, and members to know about an St.Martin's Church Jack Freeman,Executive VP exciting, new program that is just being launched in Lockheed Missiles Sunnyvale. LEADERSHIP SUNNYVALE is an intensive public &Space Company,Inc. Ron Gonzales,City affairs/leadership development program for people who want Councilmember to learn more about the challenges facing the community of Janet Gundrum,Executive Director,Sunnyvale Sunnyvale, who want to become more effective in their par- Community B.Hooper, ticipation in civic affairs, and who want to influence Lawrence B.Hooper,M.D. Physician&Surgeon decision—making. J.Fred Kerr,Board Member Fremont Union High School District Candidates selected for the program must be 18 years or Tom Legan,County older and have a stake in Sunnyvale as a community, either Supervisor District 3 Regis McKenna,Chairman as a resident or representative of a Sunnyvale-based business Regis McKenna Inc. or organization. They must also have a demonstrated potential Jack McLaughlin,Superintendent Sunnyvale School District for leadership as revealed by their civic involvement in the Alex N.Melendez,President business, government, educational or non-profit arenas. The Filipino American Chamber of Commerce select group of 25 participants will generally reflect the pro- Peter L.Pavlina,President file of the community. Pavlina Development Co. Lawrence E.Stone,Co-founder 1MA Financial Corporation The first year's program will begin in late October of this BOARD OF DIRECTORS year and conclude in June of 1986. There will be nine full- Officers: daysessions 9-6 weekdays) and four evening sessions. The President: Van Freidin � y � g Sexton&Freidin Insurance program will be held at various locations in Sunnyvale and VP/Curriculum:Dr.Murray Leavitt tuition is $200/participant. Limited financial aid will be DeAnza College available. Every applicant in final consideration will be VP/Finance: Cherie Miller Advanced Micro Devices �interviewed by a Selection Team and application deadline is nced VP/Promotion: Carmen Stone September 20, 1985. Community Volunteer VP/Selection: Katherine Strehl Lockheed Missiles We invite members of your organization to apply for LEADERSHIP Directors:ira Company,Inc. SUNNYVALE, and enclose some material for you to share with Erica Austin potential candidates. Please feel free to call upon our Sunnyvale School District Lace Lisa Lacey Program ram Director, Ann Hines, 736-4971, for more information, City of Sunnyvale application forms, or to set up an appointment for us to Philip Ong,O.D. Doctor of Optometry meet with your group. Al Reynolds,Sunnyvale Chamber of Commerce Sam Schiavo Sincerely, The Paint Pot n David Vossbrink National Semiconductor q p A , Nancy N.Walker �'� Community Volunteer PROGRAM DIRECTOR Carmen Stone, Vice President Lynn Briody, C airperson Ann Hines Board of Directors Board of Trustees I 499 SOUTH MURPHY AVENUE • SUNNYVALE,CALIFORNIA 94086 • TELEPHONE (408)736-4971 Curriculum Selection Process Leadership Sunnyvale is an eight-month GROWTH & ECONOMIC DEVELOPMENT Applicants must have a stake in Sunny- intensive public affairs and leadership 0 How Sunnyvale has grown & where develop- vale,eitherasa resident or representative development program. It does not advo- ment is taking us of a Sunnyvale-based business or organi- cate particular programs or solutions. It N Forecasting the local economy zation. seeks instead to present the views of a wide spectrum of experts in the selected Candidacy is open to all individuals areas of discussion. Sessions start in late ENVIRONMENTAL MANAGEMENT eighteen years and older regardless of October with nine full-day seminars (9 0 Key issues facing Sunnyvale race, creed, sex, philosophy, disability or a.m. - 6 p.m. weekdays) and four evening 0 The toxic waste issue in Santa Clara Valley employment status. programs. Through face-to-face discus- Every applicant in final consideration is sions and workshops with policy-makers CULTURAL ARTS &ACTIVITIES personally interviewed by members of and experts on community issues, par- Selection Committee. ticipants develop an in-depth understand- 0 Relevance of the arts to society ing of the inter-relationships and com- 0 State of the arts in Sunnyvale plexities of community issues and solu- N Community services&recreational opportuni- N TUITION: $200 payable within one tions. Sessions held at a variety of Sunny- ties week of acceptance. Financial aid vale locations cover: 0 Sunnyvale's expanding senior citizen popula- available. tion WHAT IS THIS THING CALLED SUNNYVALE? EDUCATION 0 ATTENDANCE:In orderfor Leadership • Our history, demographics, community, and E The variety in school curriculums today Sunnyvale to accomplish its stated business character 0 The challenge of setting educational priorities goals, the full participation of each • City-wide tour 0 Political and fiscal issues facing our school individual is essential. If you cannot districts make a full commitment,it is not in your LOCAL & REGIONAL GOVERNMENT 0 Special programs meeting special needs best interest to apply at this time. • How the City runs and who the officials are E Business and community partnerships with our schools E APPLICATION DEADLINE: • How the City selects its priorities Friday,September 20, 1985, 5:00 pm. • What happens when goals conflict CRIMINAL JUSTICE • How Sunnyvale fits into county, state, and 0 Sunnyvale's dual system of police and fire national policy-making protection N Union issues N TO OBTAIN AN APPLICATION: THE DYNAMICS OF LEADERSHIP N Overview of the judicial system Phone 736-4971 • Communication skills N Community support organizations or stop by the office • Media relations Leadership Sunnyvale • Group dynamics PUBLIC PRESENTATION OF GROUP PROJECT 499 South Murphy Avenue • Decision-making N Participants cooperatively address a com- Sunnyvale, CA 94086 • Meeting effectiveness munity issue and present their findings LEADERSHIP SUNNYVALE taps leadership potential. Leadership Sun- nyvale develops the understanding and skills needed to become more effectively LlEAdERShiPSUNNyVAtlE involved, to influence decision-making, C 0 7 Z QD M and to lead others in the tough issues Zo � challenging communities today. C 0 rM f r X M . z V, 0C >M r-v 0 z< M> M z C 0 M ca background Preparing Leadership Sunnyvale is based on Lo cal fifteen years of successful community AV% 0 a leadership development programs across uttizens the country.The program is supported by the Chamber of Commerce, the City of TO Sunnyvale, local business and industry, Sunnyvale schools, and the non-profit Shape community. i MWW a ne Sunnyvale -'rogram Goals f • To identify and develop leaders com- Tomorrow mitted to Sunnyvale's well-being and vitality. • To broaden participants' awareness of complex community issues. • To expand participants'leadership skills. • To create opportunities for cooperative Sessions start in efforts addressing community issues. October., 1985 • To generate an informed and motivated network of community leaders. WRITTEN COD24JNICATION Joseph M. Gughemetti Meeting 85-24 Sept. 11, 1985 A Professional Corporation 2929 Campus 1)riue, Suite 430 Sim Mateo, CA 94403 (415) 574-5132 September 10, 1985 Board of Directors Midpeninsula Regional Open Space District 375 Distel Circle, Suite Dl Los Altos, CA 94022 Re: Portola Heights Road Dear Directors: This communication is submitted on behalf of my client, the Portola Park Heights Property Owners Association ("Association") , and in reference to recent discussion and actions concerning the MROSD ' s use and threatened use of the Portola Heights Road. I will not attempt in this letter to burden lay members of this Board with extensive legal jargon, but rather place the Board on notice as to the respective rights of my client, and the recent actions and threatened actions by the MROSD which are incompatible with those rights. EASEMENT VIOLATION First, when the MROSD acquired ownership interest in the land surrounding and underlying parts of Portola Heights Road, it assumed the position of a participating owner, with similar rights and obligations to the individual owners of the Association with respect to that road. That easement road was created as reciprocal easements for the purpose of providing access to the residential-subdivision uses of the area. In that context, the MROSD stands in no different position than that of the prior individual landowners from which it acquired title: with a joint partic pating obligation of maintenance and concomitant response ility to take no act which causes an unreasonable and excessive burden on the easement. Recently, the MROSD designated part of the Portola Heights Road as a public hiking trail. That designation is in total violation of the easements-covenants reflecting the use of that road for it places an unreasonable and incompatible burden on the road (public use) wholly unrelated to the intended and limited uses. The linkage of any recreational trail systems to the Portola Heights Road and/or the invitation of the public to use that road constitutes a violation of the easements rights inherited by the MROSD. That violation is grounds for extinguishment of all easement rights held by the MROSD. Civil Code 811 ; Fletcher v. Stapleton (1932) 123 C.A. 133, 136; Strother v. Pacific Gas & Electric Co. (1949) 94 C.A. 2d 525. INSURANCE PROTECTION Second, since the Park District has already encouraged public participation in the area adjoining the Portola Heights Road, and by that road, linkage to individual ownership parcel in the Association, it has an obligation to co-insure both the Portola Park Heights Property Owners Association and the individual owners for liability insurance. This will place the MROSD on notice that failure to provide that insurance, will constitute in and of itself a negligent and unreasonable act by the Board of Directors , and should any litigation be initiated against the Association or its individual members by virtue of public injuries or claims caused in part or whole through the MROSD' s invited public use of the area, that the Portola Park Heights Property Owners Association would most naturally look to the MROSD for indemnity and responsibility. SCHOOL ROAD: PRIVATE ADVERSE POSSESSION Third, it has come to my attention that during the last 2-3 years, the MROSD has at various times interrupted my client (and their members) legal access through School Road. This is to inform the District that the Association and its individual member landowners acquired, through adverse possession, rights of access through School Road on the basis of 20 years of uninterrupted adverse use of that road prior to the acquisition of the underlying property by the MROSD. Civil Code 1007. Under the circumstances, my client is entitled to full legal access across that road, with joint private participatory rights to any locked gates. Any further installation of exclusive locks, or denial of access, will constitute a violation of my client' s private prescriptive rights. CONCLUSION When the MROSD acquired interest in lands adjoining the Association, it became a successor to a series of covenants for easements through Portola Heights Road. That ownership necessitates a good neighbor policy, in which the MROSD will not initiate acts that create unreasonable burdens to the private easement rights of my client. As long as Portola Heights Road remains a private, rather than publicly dedicated and maintained road, the public has no right to access. Should that use be further encouraged by the MROSD, then it jeopardizes the extinguishment of all of its rights to that road, and in the process, subjects itself to 2 liability and the relief provisions of the covenants on file. Sincerely, 17V- I P . gJGf Jos M hemetti JMG/rk 3 WRITTEN COMMUNICATION Meeting 85-24 Sept. 11 , 1985 September 5, 1985 4102 Sutherland Drive Palo Alto, CA 94303 Board of Directors Mid—Peninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Dear Folks, I strongly support your efforts to acquire land and to preserve open space in the area. I have used and enjoyed many of the existing preserves. From stories seen in the newspaper, I understand your budget priorities are changing from land acquisition to management of existing open space preserves. This policy is wrong. All funds should continue to be used for additional open space purchases. At the current rate of growth of Santa Clara County, undeveloped land will be available for only a few more years; improvements to existing MPROSD lands can wait until there is nothing else to spend your funds on. The most important priority should be continued land acquisition. Again, I do support your efforts and hope you will reconsider your current policy of reduced land purchases. Sincerely, James R. Y!rchenco WRITTEN COMMUNICATION Meeting 85-24 Sept. 11, 1985 LAW OFFICES OF MICHAEL B. ALLEN A PROFESSIONAL CORPORATION MICHAEL B.ALLEN 330 PRIMROSE,SUITE 400 AREA CODE(415) BURLINGAME,CALIFORNIA 94010 37S-0200 LINDA Z.CHESTER September 6 , 1985 Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 Re: Timely Notice of Meetings Dear Members of the Board : Our client, Woodside Mountain Homeowners Association, has requested that we lodge a formal protest on its behalf. Your Wednesday, August 28, 1985 Agenda included action on pro- posed additions to Coal Creek and La Honda Creek Open Space Preserves. The La Honda Creek Open Space Preserve is of great interest to the Woodside Mountain Homeowners Association and its members would have attended the meeting had they been aware of it. However, our client did not receive the Agenda for this meeting in the mail until Thursday, August 29, 1985. The post- mark date is unclear but it appears the Agenda may have been mailed the same day as the meeting. We are hereby requesting that the Board investigate the proce- dures now in effect to notify interested parties of its meetings and that appropriate action be taken to insure that timely notice is given. If further action is required on the part of our client to initiate your investigation, please contact our office so that we may so notify our client. In any event, we would appreciate a formal response to this letter within the next thirty (30) days regarding what steps you plan to take or have taken to insure timely notice of your meetings to all interested parties. Midpeninsula Regional Open Space District September 6 , 1985 Page 2 Thank you for your anticipated prompt action in this matter. Ver truly yours, N A Z. 3ESTVER LZC/dk cc: Woodside Mountain Homeowners Association SEVEN SPRINGS RANCH POST OFFICE BOX 687 WRITI'E�1 COMMUNICATION CUPERTINO, CALIFORNIA 95015 Meeting 85-24 Sept, 11, 1985 J7 i C2� i i 6TOS6 V3 'ouzlzadno L89 xog 'o *d gourH sbuzidS uanaS t1opPXZ Aq;ojou 8L£6-£Z9(£0£} ZVV9-Z0Z09 opiDloto:) '18,nu0(I i9moy g1noS 50Zt a11nS 10911S 141Lt 009 ZZ0Zj1:)100SSV ,910U19A0E) u191S2M Western Governors' Association & Western 6ovemors' The Trust for Public Land Association invite you to a workshop on TRUST F O R PUBLIC CREATIVE ACQUISITION OF PARKLAND LAN D sm October 16-18, 1985 Denver, Colorado WHO SHOULD ATTEND: Professionals and citizens' groups involved in the policy decisions and process of acquiring land for parks, wilderness areas, refuges, and open spaces for the public. Space is limited to 175 to accommodate the small group sessions for case studies. Please return the registration farm at your earliest convenience. Hotel reservations should be made directly with The Westin Hotel (303) 572-9100. SPONSORS: The Western Governors' Association represents the governors of the sixteen western states and three Pacific territories. It provides a vehicle for analyzing emerging public policy issues for the exchange of information and for advocacy of regional interests. WGA is an independent non-profit organization, headquartered in Denver. The Trust for Public Land is a national, nonprofit organization dedicated to land conservation. Headquartered in San Francisco, it has six regional offices throughout the U.S. WESTERN GOVERNORS' ASSOCIATION 600 17th Street Suite 1205 South Tower Denver, Colorado 80202-5442 y Y. a CD Q W CREATIVE ACQUISITION OF PARKLAND ro a y N" `° Strategies for Financing Open Space ' s CD CD �, - :, D CAI The traditional pipeline for open space funding has broken. < g CDx As a result, crises have arisen which call for new resources and new o 0 techniques. Where can we turn? This workshop will look at some > > ° m O alternatives and provide a laboratory for developing new possibilities. 1 O np Cn W CDa CD CD Locating Interim Financing 2:00 p.m. Concurrent Sessions W � cD n Wednesday, October 16 The use of bonds,loans,grants,and other financing o sources to"buy time'for land acquisition Fundraising and Private Support m c cl) 3 m 9.00 a.m. Welcome: •Robert Swanson,Chairman, Del E.Webb Corp., •Sydney Macy, Director,Colorado Field Office, CDCD Zr m = � •Martin J. Rosen, President,Trust for Public Land Phoenix,Arizona and Chairman, Arizona The Nature Conservancy :3 o m m Parklands Foundation •Peter Stein, Vice President, Director of Urban o 0 o N y 9:15 a.m. Address:"Crisis in Open Space Preservation" •Martin J.Rosen,President,The Trust for Public Land Land Program,The Trust for Public Land j CZ Cn�6 o •The Honorable Richard D. Lamm,Governor of - Cn Colorado Dealing with Corporate Landowners rvv O 6969 •Phillip Wallin, Vice President, The Trust for r-� 4 Cn b 10 00 a.m. Successful Responses Public Land o 0 o Little Cottonwood Canyon,Utah Thursday, October 17 Session of Choice ,� Perspectives on how a combination of agencies The most popular of the previous sessions will be 0 ~ '9:00 a.m. Address: CD �" CD and the use of revenue anticipation bonds saved offered again at this time. Salt Lake City's watershed and scenic treasure •William K. Reilly, President, The Conservation �`< CD CD Foundation(invited)Fion ii o � 3 •The Honorable Scott M. Matheson,former ) 3:30 p.m. A Walk on the Greenway CD mGovernor of Utah Small groups will be led on a walk along Denver's f;) 10:00 a.m. Concurrent Sessions m- p •Lisa McGimsey,Vice President,The Trust for Platte River Greenway(4 blocks from the Westin p n < Public Land Hotel}for an on-site view of the possibilities for CD W o (D Techniques and Resources high-visibility open space projects. < o Slide Rock Arizona The keys to using tax benefits in lieu of dollars to a' o `< acquire land at a savings � Bold action by the Parklands Foundation obtained �q g O o a key recreation area in Oak Creek Canyon for •Kathleen Blaha, Project Manager,The Trust for 0 y m� � the State of Arizona Public Land coo o •Robert Swanson, Chairman, Arizona Parklands •Phillip Wallin,Vice President,The Trust for October 18 o @ o 0. Foundation Public Land Friday. Q o y 12:00 m. Lunch Possibilities for Community Land Trusts 9:00 a.m. Exploring Creative Acquisition Opportunities CD N H p Protection of land for the public through local Workshop leaders will conduct small group ses-CD j o O Address:"Federal Realities and Private Support" community land trusts sions featuring participants' own case studies 0 o Z •The Honorable Bruce F Vento,Chairman,National •Ralph Grossi, President, American Farmland will apply the various techniques, resources a w w Parks and Recreation Subcommittee of the Trust(invited) new approaches to concrete and timely situa- cn sv" W m D House Interior and Insular Affairs Committee •Jennie Gerard,Vice President, Director of Land tons. Participants will have the opportunity to r4 n o Trust Program, The Trust for Public Land attend three sessions, each highlighting one of N o � ':00 p.m, Concurrent Sessions CD the following topics: CD w Easements and Reserved Interests •Financing o� W m ? Partial Development Sharing ownership interests as a means to •Exchanges cooperative land protection •Use o Tax Benefits cD v 0 The effect of compromise-providing low-cost public p Sc - oo O Craig Pr Manager, The Trust for N i Development C a Lee ProjectNegotiated Deve o me t w" � o N n open space through negotiated development projects g � i � p m m N p= • Marty Zeller,Vice President,Colorado Open Lands Public Land • Partial Interests tv �" Co O 0 • Peter Stein, Vice President, Director of Urban m < _ Land Program,The Trust for Public Land 12:00 p.m. Lunch 12:00 p.m. Lunch eD O 1 •Steve Thompson, Project Manager, The Trust co o (D a) for Public Land Address: "Creating Momentum for Open Address: o n Space Acquisition" •The Honorable Malcolm Wallop, Chairman, _ ai The Honorable r 8 itt Governor of Arizona Subcommittee n Public n n Reserved O e Bruce Babbitt,G Subco tee o u c Lands and ese ed V n Ex han s. P n i land Pitfalls b o Lad c e ote t o �_ C O-+ Land exchanges can solve the funding inade Water of the Senate on Energy and Natural � aD Resources Committee invited � .. quacies, but may bring new sets of problems C ee 0 M W •Bruce Bugby, President,American Public Land 14 Adjourn Co 5 .m. @ O Exchange Co. p .. o cn •Lisa McGimsey,, Vice President, The Trust for Public Land Awl ��a�� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 9 , 1985 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Marin County Open Space District -- A review and Analysis of the District's First Ten Years Attached are the most relevant sections from this very interesting report. If you would like to see the entire publication, please contact the MROSD office. MARIN COUNTY OPEN SPACE DISTRICT A Review and Analysis of the District's First Ten Years d + �• Q � a q V•. a W d d b Q ky: n fl 4 •1•. Sp ////// i �• Prepared for the Marin County Open Space District by the District Staff with the assistance of other County Departments Adopted August 20, 1985 MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS June 1983 Bob Roumiguiere, President Al Aramburu, Vice President Harold C. Brown, Jr. Gary 6iacomini Robert Stockwell OPEN SPACE DISTRICT GENERAL MANAGER 1973 TO 1933 Pierre Joske Don Dimitratos, Present General Manager .. y MARIN COUNTY OPEN SPACE DISTRICT A Review and Analysis of the District's First Ten Years TABLE OF CONTENTS Summary. . . . . . . . . . . . . . . . . . . . . . 1 Recommendations. . . . . . . . . . . . . . . . . . 3 Introduction . . . . . . . . . . . . . . . . . . . 5 4� Marin Countywide Plan Goals. . . . . . . . . . . . 5 Land Acquisition . . . . . . . . . . . . $ Land Acquisition Costs . . . . . . . . . . . . . . 10 Open Space Land Management . . . . . . . . . . . . 13 District Financial Resources . . . . . . . . . . . 15 District Operations. . . . . . . . . . . . . . . . 17 Credits. . . . . . . . . . . . . . . . . . . . . 20 Appendix A. Policies, Open Space Preservation Program. A-1 B. Open Space Land Management Policies. . . . B-1 C. Preservation Summary . . . . . . . . . . . C--1 D. District "Shopping Lists". . . . . . . . . D-1 E. Economic Impact on Taxpayers . . . . . . . E-1 2 ` _ � � � ,*111,11 ��� Land Acquisi � i -_n Of the 27,220 acres targeted for preservation by acquisition in the Marin Countywide Plan , a total of 11 ,791 acres, or 4311 have been preserved through � the efforts of many organizations, agencies and individuals, including the District. 833 acres lying outside the targeted area have also been preserved. � Overall , 12`624 acres have been preserved from 1973-1983 (This does not include Federal and State purchases from 1978 to 1983, for which figures are not avail- � able) . � � � The Open Space District contributed funding and staff time to three major pro- jects of Statewide significance during its first five years. These projects � are San Pablo Bay State Wildlife Area, China Camp State Park, and Rancho Olompali State Park � . � � The Open Space District currently (1984) holds title solely or jointly to 5,225 � acres and has contributed to the purchase of 7,486 acres to date. Land Acquisition Costs � The Open Space District contributed $6,249,339 for purchase of open space lands | between 1973 and 1983. Most District purchases have been curried out jointly with other organizations, � i .e. County Service Areas, the Cities, the State. Only 28% of District land acquisition costs have involved sole acquisitions by the District. 1 i - | � The average per acre acquisition cost in 1973-78 was $1 ,534. This figure rose to $3,043 for 1978-83. � � 12, 145 acres were purchased for open space between 1973-78 by a variety of organizations and agencies. 479 known acres were purchased between 1978-83. Other purchases were no doubt made in this last 5-year period by other local � � State, and Federal organizations for which figures are not available. ' � � The ratio of District funding to local/State funding for land acquisitions rose � from 46/54 in 1973-79 to 89/11 in 197O-83 � . 286 acres have been acquired by the District "free of charge" between � 1973-1983. Of this total ` 121 acres were gifts. 165 acres were dedications � (related to land division or other development) . � � Land acquisition costs involve much more than direct costs paid for property. � Also derived from District acquisition monies are expenses for real estate � � appraisals, title work, legal descriptions and deed review, etc. These are "hidden costs" of acquisition that may not he recognized as such � � . Open Space Land Mana-3--ment � � � The average per acre cost of managing District managed open space rose from � ¢10/acre in 1973-74, to $11 .57/acre in 1977-78, and $19.95/acre in 1982-83. � � 1 � � � � . . The scope of land management responsibilities borne by the District have in- creased over its ten year span to now include fuel reduction mowing and prun- .ing , erosion control , protection road grading and pruning , undesirable species removal , trail construction and repair , gate and barrier construction, patrol of properties ' drainage maintenance and repair , and boundary surveys and marking. District Financial Resources 1. The largest single source of District funds is local property taxes. (85-90% of total revenues in an average year) 2. Unlike County departments which are funded from general County revenues, the District does not openly compete with other functtons in the County - budget process and District funds accumulate year-to-year until used. ^ � � 3. District revenues have been drastically reduced from levels received in '~ � the first 5 years because of Proposition 13. Annual District revenues � have yet to equal revenues received annually during 1975-78. 4. Prior to the passage_of' Proposition 13, the District received a tax in- come of 10 cents per $100 assessed valuation. As of 1983, this figure is $.0412 per $100 assessed valuation. 5. State and Federal monies provide only a miniscule portion of the District 's annual funding. 6. District use of grants has to date been very limited, except for recent Federal grants for storm damage repair. 7. The District has not, to date` made use of the provision in State law enabling it to secure loans for the purchase of property. District Operations � The total cost of all District operating costs, including administration , land � management, and planning has increased from 7.81" of total revenues in 1974-78, to 35.9% in 1978-83. This latter percentage includes increased land management � costs for 1981-82 and 1982-83 for major storm repair. � Excluding storm repair costs total District operating costs {or 1982-83 were � $334 ,323 or 32% of total revenues for that year. � The number of District field and office staff has fluctuated over the � District 's ten-year life. Field personnel reflect increased land management � responsibilities for increased acreage and , therefore, are currently at the _- highest level to date. Administration and planning personnel are near the low- est staffing levels ever employed by the District. As District staff has been kept to a minimum in the post Proposition 13 era to allow maximum availability of funds for acquisition, the District has come to increasingly rely on extra-hire and contractual arrangements to meet field and planning needs. 2 — . . RECOMMENDATIONS With the reduction of the District 's annual revenues due to the passage of � Proposition 13 in June 1978, and the increase in land and operating costs since � the District 's formation, the ability of the Open Space District to aggressively pursue major open space acquisition has been seriously eroded. Of � the total 7 `436 acres for which the District has contributed acquisition money, � � only 6. 4� of this acreage was acquired between 1978 and 1983, � � � � The last 5-year period has brought serious reduction in the ability of all � government agencies working in Marin, including the Open Space District, to � contribute to the open space preservation effort. Also affected by Proposition � 13 is the ability of any park or open space organization to properly maintain ~ and manage the property which it has acquired. ~ � With full recognition of the District 's accomplishments and limitations from 1973 to 78 and 1978 to 83, District staff , Commissioners, and Board of Directors should look closely at ways to improve the District 's ability to � accomplish the purposes for which it was established. � 1. The District should examine its land management policies and practices � and come to a consEl�us decision regarding acceptable and desired levels of management/maintenance. Increased land management costs mean less � money available for acquisition , but poor land management does not bene- fit the public or the District. ^ 2. The District should examine its total management and operations costs and � monitor any expansion within total revenues. Substantial increases in management and operating costs should occur only when necessitated by im- provements in acquisition capability or determined desirable land manage- ment levels. An integral part of this is monitoring the expansion of land management services, such as brush clearance, that adjacent neigh- borhoods can come to expect as a District service. To avoid being over- run by management costs, the District should be cautious about expansion of services. 3. The District should carefully guard its financial resources to see that � District monies intended for open space acquisition and management are � not diverted for additional responsibilities peripheral to the District 's � intended purpose. � 4. Given that the District received the services of County Departments in � exchange for the County receiving interest on District funds, the ~ District should: � a. look closely at services received; ~' � b. examine if any services might more appropriately be provided by the private sector; and C. investigate the possibility that direct payments to Departments for specific services received constitutes a double payment. (Public Works Department particularly for Real Estate, survey, and engineer- ing services. 3 � ` 5. The District should examine its appropriate role in open space preserva- tion as �art of a wider effort involving the Cities, CSDs, the State, etc. As other organizations/agencies may have to allocate limited monies between roadways and open space while open space monies are intended for one purpose only, the District is becoming increasingly relied upon to � � carry the weight of total County open space preservation and management. � The District should be wary of any movement to have it carry the weight � � of this responsibility without substantial financial support from bene- � fitted local communities and jurisdictions. In the same line of thought, � State monies should be aggressively sought for any projects of State- wide significance. 6. The District should hold firm to its adopted criteria for District - financial involvement only in lands of Countywide significance. The ^ District should not succumb to investing acquisition monies in lands of only Local significance for the reason that other funds are not avail- able. 7. The District should actively pursue other possible sources of funding such as Buck Fund grants, Environmental License Plate Funds, and others. The capability of �c_ 'uiring loans should be kept fresh in mind for use on important major acquisitions that would not otherwise be possible. 8. Relationships with organizations such as the Marin Park and Open Space Foundation and The Trust For Public Lands should be encouraged for en- abling acquisition of lands that might otherwise not be possible. 9. The District should consider the hiring of outside professional services to aggressively solicit donations of lands, money or other assets and to pursue a wide range of additional funding (foundation grants, endowment � funds, etc. ) . This function also might be appropriately filled by orga- nizations such as the Marin Park and Open Space Foundation, if the � � Foundation is willing to take on an active role. � � 10. The District should monitor and maintain active involvement with local � � development projects that may yield open space dedications and maintain � high visibility to persons who may donate or give time, money or property to the District. The Marin Park and Open Space Foundation is an appro- priate vehicle for transfer of assets to the District with concomitant � tax benefits to the donor. � � 11. The District should support legislation which limits the liability of � public agencies and organizations for damages or injuries resulting from � the natural condition of any property. Trends toward increasing liabi- lity for the conditions of nature could mean skyrocketing management ` costs and a crippling of the District 's ability to purchase land and - manage it as a natural amenity for public enjoyment. 4 � � , _ INTRODUCTICN The Marin County Open Space District was created on November 7, 1972 by a vote of the people of Merin County for the purpose of acquiring and managing open � space for public enjoyment. The District Board of Directors adopted policies for the Open Space Preservation Program (Appendix A) in February 1973. A key � policy states: "All of the District 's resources will he dedicated to the Open Space � Preservation. With minimum necessary funding allocated to open space management , all remaining property tax derived revenues shall be di- � rected to land and easement acquisition and costs incidental thereto. " � ^ ' A review of the District 's first five years of operation concluded that the � Open Space District, in cooperation with local communities, the State of � � California Parks Department , and the Federal Government, had been successful in preserving 11 ,651 acres, or 42.8% of the 27,220 acres in the City-Centered � Corridor targeted for acquisition in the Countywide Plan; in addition, 494 � acres lying within the city-centered corridor but not targeted in the Countywide Plan had been preserved, bringing the total number of acres � preserved to 12, 145. � The purpose of this report is to review and evaluate the District 's � | achievements and performance during its second five years, and in comparing this to the District 's first five years, highlight questions pertinent to the ^ District 's immediate future. � � MARIN COUNTYWIDE PLAN GOALS � � | The Marin Countywide Plan ` adopted by the Marin County Board of Supervisors on � October 30, 1973 and amended in April 1982, serves as the principal open space � � plan followed by the District. The Environmental Quality portion of the plan � divides Marin into three corridors (Map 1> : the eastern City-Centered Corridor , � � the Inland Rural Corridor , and the Coastal Recreation Corridor. Because � development pressures are strongest in the City-Centered Corridor, this has � � been the focus of the District 's open space preservation activities to date. � � � Within the City-Centered Corridor, the Plan outlines open space areas by � � category (Figure 1) and targets a total 28,470 acres of community separators � � and water edge lowlands for preservation through purchase or other means. � � 27,220 acres of this total is specifically targeted for acquisition. � � � � ~^ � � � � . � 5 � � � � � � | i 1 l 1 ' l ) 1 ~ \ ) I / COASTAL mod) G R_ATIoN INLAND j CO+iR 170R / RURAL 1 CORRIDOR .e.. 1 \ CITY \ CENTERED \ / CORRIDOR \ iiwwv 1 MARIN COWTYW!ot PLAN 1 CORRJDOR5 ����ENVIRONN:IJTA:. t a Map 1 6 � . � � OPEN SPACE AREAS IN THE CITY-CENTERED CORRIDOR Communitv _S=_:arators Acres 1 . Wolfbacif. Ridge to Tennessee Valley 820 3. Tiburon Peninsula Ridge 1740 5. Rim of Corte Madera Creek Watershed 1750 6. Southern Heights Ridge (minimal easements only) 7. San Pedro Peninsula Hills 1860 8. San Rafael /Sleepy Hollow Divide 3890 9. Civic Center 1310 10. Big Rock Ridge 1)400 11. Hills East of 101 near St. Vincent 's School 1070 114. Bahia and Black Point Knolls and Ridges 970 Subtotal : 21 ,770 acres Water EdQe Lowlands 14. Richardson Bay 330 15. East Side of Tiburon Peninsula 80 19. San Pablo BayfrontE , Las Gallinas Creek to Novato Creel, 1850 '40. Novato Creek to Black Point 790 21 . Petaluma River 950 Subtotal : 5,450 acres PRESERVATION BY OTHER MEANS: Stream and Creek Reserves 22. Mill Valley Area Creeks 90 ' � 23. _Corte Madera Creek 12" 24. Las Gallinas Creek 110 � 25. Miller Creek, 101 Big Rock 50 26. Arroyo San Jose 20 27 Novato and Warne Creeks, r ree s 70_' Subtotal : 480 acres Safetv Zones - | 28. Gooss Field 770 acres } � | � FlGURE 1 � � � � 7 � � � � � � _ LAND ACQUISITION - July l , 1973 to June, 1983 Of the 27,22O acres targeted for preservation by acquisition in the Countywide Plan, a total of 11 ,791 . 4 acres, or 43. 3%, have been preserved through various means as of June 1983. In addition , 493.99 acres lying in the City-Centered Corridor but not targeted in the plan, and 339.06 acres lying outside of the City-Centered Corridor have been preserved, bringing the total number of acres preserved to 12,624. 45 (Figure 2) . This total does not include purchases from 1978 to I963, for which summary figures were not available. NUMBER OF ACRES PRESERVED Purchased by Acres Preserved to OSD, Gifts 121.04 OSD, Tax Sales 220.00 Local , State, Federal Funds 5025.00 129145,01 acres to OSD, Gifts 6.32 OSD, Joint Purchases 6.24 Local , State, Federal Funds 12,624. 45 total acres *Total Figures Not Available ~ � / FlGURE 2 This accomplishment has involved the efforts of a great many organizations and agencies in addition to the Open Space District. Some of these participants are: the Federal Government, the State of California, County Service Areas, Community Service Districts, the cities, the Audubon Society, the Marin Conservation League, The Nature Conservancy, the Trust for Public Land, the Marin Municipal Water District, the North Marin Water District , and a host of ~ private organizations and individuals. Open space parcels for which the Open Space District contributed funding are shown on Map 2 and are listed in Appendix C. Of the total 7,486 acres in which the District has been directly involved through acquisition monies, 93.6% of this acreage was acquired between 1973 and 1978. Only 6.4% of this acreage was acquired between 1978 and 1983. 8 oln.v�Lu Kr.MRDELL+4 .m euu=d. •-• I Oi 19tI41A A.X o,&C,K DEER 19LAND DAYS dG ROCK R Mle, !L 19lA LD IpIAN TREE %6e L MT%LUMA I C3L�. KIVeR d4RcrxR'x>IG.. VALLEY INDIAN VALLPY`t K ►tOYS SANTA EAN PAN4O VENenA EAYFRO47 rs / vA utSq�I 9ANTA MARGARITA HAUR'CL IWACV 15LA�r ihlC'C4%R SLWY LAS GALL�NAz HOLWW V tAN FCDftA CRre, [q6CAC)F-' �'`�} DNI� CANYON ;,rrl 4tiN Pco« ra+wsuw plLIS 5AN RAFAOL CALTMoRe Cu+YFRorlr GANYOr1 mrl"I �i• CORM MAveKA DUTP Dr1{r-CAMfill 6AYr-ROKr SUMMIT JJ NOItTHWDGG ALTD BOWL KIDfTea.bOJC TA?ui.Pvs VAUZ j RI 7CD5Q BAY MAKIN COUNTY CH�+esrraarAlur OPEN 5?ACE DISTRICT HAK5H r RKw3�soM Pn�eGRVEZD PA�C�LS CCNTR!Bl:T lONS TITLE INT�RE5T (FULL CP, PAK;IAL) WORTH OFT-tW 5rAC,- pIsTRICr M I L e Map 2 - 9 - ' | ^ � During its first five years of operation, the Open Space District played an active role` through funding and staff time, in three major open space projects of Statewide significance. � . � 1. San Pablo Bay State Wildlife Area (13,000 acres) , created by close cooperation between the District and State agencies at no cost to the District or County. (Acreage figures not included in open � space totals) 2. China Camp (1512 acres) , purchased in its entirety by the State. � (Acreage figures included in open space totals) 3. Rancho Olompali (700 acres) , a joint purchase with 5011 matching funds by the State. (Acreage figures included in open space totals. ~ � , Appendix C lists the open space lands preserved by the District to date. The ' purchase prices paid by the District and other agencies are included in this list. Appendix C also provides a comparison between targeted acquisition goals from the Marin Countywide Plan and actual acquisitions achieved. LAND ACQUISITION COSTS � � The purchase prices paid for the preserved acreage are outlined in Figure 3 � � (based upon available figures) : PURCHASE PRICES FOR PRESERVED ACRES Time Period Purchased By: Price Paid � � | � � to 060, Gift to the District 79,758to OSD, Gift to the District 20,000 � Local , State, Federal Funds 7,806,350June 30, 1983 OSD, Joint Purchases (total ) 445,000 Local , State, Federal Funds *Figures not Available � � ~ F { GURE 3 � Overall , the District spent $6,249^339 from the time of its form tion to June 1983- for direct costs of land acquisition. Fifteen acquisition projects accom- plished solely by the District involved $1 ,754,647 or 28% of all District � acquisition monies spent. In the same time period the District worked jointly � with others on thirty other projects with direct acquisition costs to the � District of $4,494,692 (72% of total acquisition monies spent) . � � lO � � � � � � � � � � The average costs peT acre of the lands for which purchase prices are available are outlined in Figure 4. COST PER ACRE TO PURCHASE (Purchased Acres Only) July I - June 30 Acres Total Cost Average Cost/Acre *Of the 330.62 acres purchased during 1978-1983, 319.85 acres were purchased in 1978 for $280,000, at an average cost of $2,564 per acre; in 1979, 2.0 acres were purchased for $65,000, at an average cost of $32,500 per acre; in 1982, 8.77 acres were purchased for $121 ,000, at an average cost of-$13,915 per acre. � � � � ' - ' - F [ GURE 4 Of the acreage acquired by the District through joint purchases, the following funds were utilized+ MATCHING FUNDS, JOINT PURCHASES July I - June 30 District Funds Local & State Funds Matching X (includes local ' � | Overall— i | L ~, F l G U R E 5 11 � � ` _ Some lands have been acquired at no cost to the public. From 1972 to 1983, 286^93 acres were acquired by the District as gifts (given at any time, usually as a whole parcel ) or dedications (given as a result of the d.evelopment pro- cess) . Thesa acreages can be broken out as follows: LANDS *1 - RECEIVED AT NO COST *2 - GIFTS & DEDICATIONS *3 Date of Receipt Acreage Gift/Dedication ~ 32.56 Dedication *1 Includes some tidal lots *2 Does not include indirect costs - such as real estate work *3 TOTAL GIFTS: 121 .04 acres TOTAL DEDIC`ATIONS: 165.85 acres - - - � � � � � � � � FIGURE 6 � � � " COSTS � � � Costs secondary but essential to land acquisitions involve expenses incurred^ in ` � project formulation, title search, appraisals, negotiations, escrow prepara- tion, title and closing fees, and overall project monitoring. These costs are not included in any of the above per acre acquisition costs; these costs vary .' from project-to-project and year-to-year. $30,000/year is not an unrealistic figure for the present cost of ongoing real estate staff time. Property title searches, appraisals, closing and title fees are additional costs for every project that are paid from the District 's acquisition fund. Gifts and dedications, although directly "free" , may involve fairly significant hidden costs, such as staff time for site visits, review of legal descriptions and deeds, resolution of boundary determinations, etc. 12 ` � � � � � OPEN SPACE MANAGEMENT The direct costs of managing the District 's open space property are shown below � in Figure 7. Included in these figures are all labor , vehicles, equipment , supplies` and services involved in patrol , maintenance, and minor construction. The costs of District administration and planning are not included in these figures. July I - June 30 Number of Acres Managed Average Cost/Acre 1973-1974 (not available) $10.00 COST OF MANAGING OPEN SPACE PROPERTY ' - � - - | F I G U R E 7 In addition to reflecting general inflationary increases, these costs are reflective of an increasing variety of land management tasks such as the fol- lowing: 1. Natural resource projects , such as erosion control and undesirable � i - species removal . / �. Fuel reduction mowing ` pruning and burning for increased fire pro- � tection. � 3. Protection road grading and pruning in addition to and in coordina- tion with County Fire Department. 4. An ongoing commitment to trail construction and repair. 5. Continued construction of barriers and gates and installation of signs (at about the same pace as the first 5 years) . ~ 6. A slight increase in the frequency of patrol of District properties. 7. Increased drainage maintenance and repair as a result of the major storms of 1982-83. � 8. Posting of District property boundaries, which is actually an � integral part of any land acquisition but which is often delayed � and becomes a "management" expense. Properties managed by the Open Space District in 1983 total 5,775 acres encom- passing 11 major properties. These properties are indicated on Map 3. 13 � . �1 rT..MRCELL SAN6�EZ INDIAN ion 9LPR fM HI1.13 191.AND TREE ► INo, IGNK: VALLEY`• YALtEY A� 1tUY5 SANrA R SAN PALL' VCNErI � TERRA UNfa4— MAi? SLEEPY I, L w MAL'RLL' DNIDe. *% �_w ' RjTA 5AN S% 4... 15LAN CA — RAFACL !W mcgo CAN-ON t NDr4r MT AALTIMCRG CANYONv VLrrHEVALEq 5ur+Mrr ALTO CAMINO nowt. ALTO MARIN COUNTY ! I ' RD50 MAY OPEN SPACE DISTRICT PRESERVED FI,��C>✓L5: ef� MANAGeD by OPEN C7PACE DISTRICT we rrH MILL 3 Map 3 14 _ DISTRICT RE3OUR.CES The District received its funding from a variety of sources , the largest con- tributor being local property taxes (85%-90% of total revenues in an average year) Other sources include portions of State taxes, some Federal monies, grazing leases, and occasional grants. Figure 8 indicates sources of District revenue for 191-8-1983. OPEN SPACE DISTRICT REVENUE 1978-83 Local Taxes Total and Other State Federal Agricultu- Year Revenue Local Monies Monies Monies ral Leases Rent Grants (107,605 Storm Damage (1 ,392 Storm Damage *Exact figure not available because some agricultural revenues were put in miscellaneous revenues, not a sub-object account. - � � � � FlGURE B Property Taxes and Other Local Monies � � � � � The primary financial resource of the Open Space District is from property � taxes. During the first five years of its existence, the District received a � tax income of lO cents per $100 assessed valuation. Since the passage of Pro- position 13 by the California voters in June 1978, this tax rate has been re- duced. As of 1983, the District receives 4. 12 cents per $100 assessed � valuation. At this rate, the District received $907,232 from property taxes � during fiscal year 1982-83, � � For the purpose of this report "property taxes and other local monies" do not include rental or agricultural leases, which are broken out separately. � 15 State Monies State monies -received by the District include share of HOPTR and BITR taxes, taxes on dozumented vessels, and other minor State aid. Overall , State Funding assistance is small . Federal Monies Federal monies received by the District include in lieu Federal taxes, other Federal aid, and storm damage repair funds through the Federal Emergency Management Act, except for irregular as-needed storm damage funds. Federal funding assistance is very small . Agricultural Leases Agricultural leases (now totally grazing leases) contribute a very small figure to District revenues. Some properties acquired and/or managed by the District were grazed before the District acquired interest and continue to be grazed today for fire hazard reduction purposes. Rentals One old residence building on District property is currently rented on a month- ly basis to the District 's Senior Ranger. Grants As of fiscal year 1982-83, the District has only received grants for storm damage/flooding from the San Francisco Foundation. The amount of this grant was relatively small in light of total revenues. With a couple of acquisition projects now underway that are supported by grants, it is expected that District usage of grants in the next 5-year period, 1983-88, will increase. Loans California Open Space Legislation, Public Resources Code 5544.2 states that the District has the ability to secure loans for the purchase of land and facilities in total amounts up to its anticipated tax income for the next four year period. The District has not used this option for supplementing its income as of 1982-83. As of the beginning of the 1983-84 fiscal year, the District is entering into a loan agreement with the San Francisco Foundation for an acquisition on the Northridge. Figures for the next 5-year period, 1983-88, will reflect this loan activity. IMPACT OF PROPOSITION 13 The passage of Proposition 13 in June 1978 had a strong negative impact on District revenues that resulted in staff cutbacks and curtailment of an aggres- sive land acquisition program. Figure 9 indicates the impact of this action. In effect, District revenues were cut by 36% from 1977-78 to 1978-79 fiscal years, and the District 's income has not yet been re-established at the level the District experienced in 1975-76. 16 IMPACT OF PROPOSITION 13 ON REVENUE Year Total Revenue 1973-74 Unavailable 1974-75 3 651 ,395 1975-76 1 ,115,374 1976-77 1 ,243,051 1977-78 1 ,487,872 Proposition 13 1978-79 946,346 1979-80 607,725 1980-81 839,202 1981-32 1 ,020,908 1982-83 1 ,054,586 F I G U R E 9 This drastic drop, combined With escalating land costs, has resulted in a severe cutback in the District 's ability to purchase open space land. DISTRICT OPERATIONS The District 's total operating costs include District administration, planning , and open space land management. Figure 10 summarizes the cost of District operations as compared to total revenues. OPEN SPACE DISTRICT MANAGEMENT & MAINTENANCE COSTS July 1 - June 30 Total Revenue M & 0 Costs Percent 1974 - 1978 $4,497,692 $ 351 , 121 7.8% 1978 - 1983 $4,468,767 $1 ,606,204* 35.9%* Overall $9,966,459 $1 ,957,325 21.8% *Operating Costs for years 1981-82 and 1962-33 were exceptionally high due to repairs necessitated by two record-setting winters. FIGURE 10 17 _. In fiscal year 1992-83, the District 's . total operating costs, including $150,000 spent on storm damages, were $484,323 or 46% of total revenue for that year. If the storm damage costs are excluded, total operating costs were $334,323 or 32% of the total revenues of 1982-83. Staffing Over the lifespen of the District to date, staff levels have fluctuated , and reflected changing revenue situations. Prior to the passage of Proposition 13, the General Manager, the Park Superintendent, the Chief Park and Open Space Planner , the Open Space Planner , and the Assistant Park Planner assisted District planning and administration. This staff has since been reduced to the General Manager (also responsible for the County Parks, Marin Center, and County Fair) , the Park Superintendent (with Park, Marin Center,and County Fair ` duties) , and the Open Space Planner. Field personnel have increased, however, ~ to accomplish increased land management responsibilities. Field staff changes are listed below. � OPEN SPACE DISTRICT STAFFING - FIELD PERSONNEL .50 Landscape Maintenance Crew 1983 1.00 Supervising Ranger 2.00 Ranger .SO Ranger Aide 4.00 Person Summer Crew F I G U R E 11 Increased land management responsibilities in the last 5 years have also neces- sitated increased expenditure for vehicles and management equipment such as chain saws, a chipper , trimmers, etc. ` District staff and volunteers now receive improved training for their work, including training in first aid and ordinance enforcement. The Volunteer Mounted Patrol involves basic staff supervision and some administrative ,^ support. While land acquisition planning is less extensive now than in 1973-78 due to reduced available acquisition monies, increased land management responsibili- ties now require substantial administrative staff time. Greater coordination is now done by District staff with other agencies such as fire departments, police departments, Humane Society, Fish & Game Department, the Water Districts, etc. for better overall land management. 18 � . ~ ' Further information about Open Space District plans, policies, land management and operations is available from+ District Administration Office Marin County Civic Center , Room 335 San Rafael , Ca. 94903 - (415)499-6387 ^ Field Office (415)49916405 ~ � � | � � � � � � � � � � � � � , 19 � � ` _ CREDlTS Thank you to information available in: Marin County Ooen Space District , A Review and Analysis of the District 's First Five Years � Don Dimitratos, General Manager -_ '- � Frances M. Brigmann, Open Space Planner � Judy Canham, Research Assistant, Coro Foundation Intern � Tom Harrison , Research Assistant � � � Ron Stephens, Park Superintendent � � 8ethia Stone` Graphics Assistant Lynne Kirley, Senior Accounting Assistant Helen LaHaye, Secretary ~ .` 20 A P P E N D I C E S APPENDIX A - Marin County Open Space District Open Space Preservation Policies APPENDIX 3 - Marin County Open Space District Open Space Management Policies APPENDIX C - Marin County Open Space District Preservation Summary APPENDIX D - Marin County Open Space District Shopping Lists APPENDIX E - Economic Impact on Taxpayers of Open Space District Taxation 41 21 MARIN COUNTY OPEN SPACE DISTRICT P 0 L I C I E S OPEN SPACE PRESERVATION PROGRAM Board f Directors a o D re tors I Adopted February 13, 1973 Amended February 11 , 1975 Amended October 10, 1978 Amended May 10, 1983 r= A-1 A P P E N D I X A MARIN COUNTY OPEN SPACE DISTRICT P 0 L I C I E S OPEN SPACE PRESERVATION PROGRAM (Revised April 1988) I. PURPOSE To provide the financial means and leadership which are needed to identify and secure critical open space areas throughout Marin County, it is the District's intention to operate in accordance with the following policy guidelines. II. DEFINITION OF OPEN SPACE An area of natural landscape essentially undeveloped such as ridges, streams, natural shorelines, scenic buffer areas, and agricultural lands. POWERS AND GENERAL POLICIES The District's powers shall be as enumerated in Article 3, Division 5, Section 5500 et seq. of the California Public Resources Code, and the following: A. The Marin County Parks and Cultural Commission shall be the advisory body to the District's Board of Directors. B. Land areas preserved by the District must conform to the definition in Section No. II . above. C. All of the District's resources will be directed to Open Space Preservation. With minimum necessary funding allocated to open space management, all re- maining property tax derived revenues shall be directed to land and ease- ment acquisition and costs incidental thereto. Any additional revenues forthcoming to the District shall be applied to land and easement acquisi- tion. This policy shall be subject to review at the Board of Directors discretion, until the District' s preservation goals have been achieved. D. Recreation developments on District land shall be restricted to those which are compatible with the primary function of open space areas, which is the preservation of natural amenities. E. The District will seek agreements with local jurisdictions for their pro- vision of maintenance and operation of preserved open space areas. These agreements shall provide for acceptable and uniform levels of maintenance. The District will maintain and operate areas where no such agreement can be reached. F. Development, operation, and maintenance of compatible recreation facilities on District lands must be financed by means other than the District's tax rate. A-2 MARIN COUNTY OPEN SPACE DISTRICT OPEN SPACE PRES-71IRVATION PROGRAM - POLICIES G. The District will encourage and promote cooperation and participation in the open space preservation effort by local agencies, organizations and individuals as well as other County departments. H. Preservation projects suggested by local jurisdictions and organizations must include a workable project definition and be submitted sufficiently in advance to be considered for any particular fiscal year. I. Emergency and opportunity purchases will be considered as appropriate during the fiscal year. J. Condemnation will not be used in this program except to protect the District's interest and investment. It may be more necessary in the future to employ condemnation to these ends. K. Where local contributions are offered, adequate agreements must be provided to insure the District of the proper disposition of relevant questions, including but not limited to: 1 . Scope of the project. 2. Types and amounts of contributions. 3. Permitted uses. 4. Maintenance, operation and policing. IV. CRITERIA A. Public Open Space 1 . Fee acquisition projects should be identified in the Environmental Quality Element (Map 2) of the Marin Countywide Plan or other adopted general or specific plan. 2. Projects should have the general support of the local jurisdictions within their sphere of influence. 3. Acquisition of lands should be undertaken only for projects of Districtwide significance. B. Agricultural Lands 1 . Agricultural land parcels under consideration for fee purchase should be identified as agricultural open space or water edge lowlands in agricultural use on map 2 of the Marin Countywide Plan. Opportunity purchases of bayland agricultural parcels will also be considered. 2 A-3 MARIN COUNTY OPEN SPACE DISTRICT OPEN SPACE PRESERVATION PROGRAM - POLICIES 2. The Open Space District will work closely with involved individuals, organizations, and agencies to ensure that title and management questions are fully resolved before disbursement of funds. The Open Space District will consider holding title to such lands (combined with leaseback arrangements etc. ) as is judged appropriate and necessary. 3. Agricultural land parcels under consideration for less than fee purchase should be identified as agricultural open space or water edge lowlands in agricultural use on Map 2 of the Countywide Plan or identified within an Agricultural Element of the Countywide Plan (should one be developed and adopted). Opportunity purchases involv- ing significant bayland agricultural parcels will also be considered. 4. Trail access policies as embodied in the Countywide Plan and County- wide Trails Plan shouldbe pursued to the degree such access is com- patible with appropriate agricultural practices. 5. Lands under immediate threat of development or irreversible damage will be given a high priority. 6. The existing and potential economic value of the property for agri- culture will have significance. 7. Owner/lessee management practices and their effect on land and water quality will be conisdered. Waste management and erosion control will be particularly important. 8. The visual or ecological importance of the properties will have significance. 9. Lands which are contiguous and which will extend their usefulness to existing preserved open space areas are significant. 10. Attractive purchase considerations and conditions will be significant. 11 . High priority will be given to support expressed by an Agricultural Element of the Countywide Plan (should one be developed and adopted) for a particular property or area preservation effort. V. PRESERVATION TECHNIQUES A. Gifts and dedications. B. Scenic and open space contracts. C. Land use regulations which allow reasonable land use by the owners while preserving aesthetic and ecological values. 3 A-4 MARIN COUNTY CPEN SPACE DISTRICT OPEN SPACE PRESERVATION PROGRAM - POLICIES D. Less than fee purchase (easements, development rights, etc. ) E. Fee purchase. F. Other creative or new implementation techniques as they are developed. VI. PRIORITY SELECTION Generally speaking, the District's prime focus will be the County' s eastern corridor. The following will be used as guidelines for determining project priority: A. Areas under immediate threat of development or irreversible damage will be given high priority. B. The visual or ecological importance of the area in the County will - have significance. C. In projects involving agricultural land, the existing and potential economic value of the property for agriculture will be considered. D. Local contributions in cash, land areas, or land use regulations will be considered but are not essential . E. Projects which are contiguous and which will extend their usefulness to existing open space preserved areas are important. F. Attractive purchase considerations and conditions will be significant. G. Adoption of the Environmental Quality Element of the Countywide Plan by the jurisdiction involved will be significant, but not mandatory. VII. FUNDING A. The District's share of property taxes constitutes the basic local source of Countywide open space preservation funds. B. The District's borrowing and bonding capabilities shall be used where appropriate and authorized by law. C. Funds will be allocated yearly from available funds to approved projects. The District tax income should be as determined by the Board of Directors. D. Private contributions of land and funds will be actively encouraged. E. Federal (and State where available) matching funds will be aggressively solicited. 4 A-5 MARIN COUNTY OPEN SPACE DISTRICT OPEN SPACE PRESERVATION PROGRAM - POLICIES F. Local funds and contributions will be actively encouraged and used wherever available. G. County Service Areas may be formed where necessary to insure equitable local fiscal participation. H. To the extent that funds are available, the Open Space District will contribute up to a maximum of 50% of the funds necessary for the pre- servation by local jurisdictions of open space lands. This contribution shall be limited to those parcels of land which have countywide signifi- cance as delineated in the Environmental Quality Element of the County- wide Plan. VIII . HOLDING OF PROPERTY INTERESTS In joint acquisition pf-0jects involving other jurisdictions, districts, CSAs, organizations, or agencies, the District will demand ownership by fee title or employ reversionary clauses, tenants in common arrangements, or other legal means appropriate to particular projects to ensure that District pro- perty interests are secure. As determined by Article 3, Division 5, Section 5540 of the Public Resources Code, property interests held by the District cannot be conveyed outright without the consent of the majority of voters of the District (subject to certain exceptions). hl 4-22-83 5 A-6 MARIN COUNTY OPEN SPACE DISTRICT OPEN SPACE MANAGEMENT POLICIES Adopted by the District Board of Directors June 11 , 1974 Amended June 10, 1975 Amended December 9, 1975 Amended May 17, 1977 B-1 A P P E N D I X B MARIN COUNTY OPEN SPACE DISTRICT OPEN SPACE MANAGEMENT POLICIES 1 . PURPOSE The intent of the following Statements of Policy is to provide guidelines and general open space land management goals for the operation, maintenance and management of open space areas as they come under the jurisdiction of the District or the County of Marin. These policies are to be used in conjunction with the general policies adopted by the District, February 13, 1973. Where County Service Areas have purchased open space witH local funding, these policies may be used, amended as needed, to reflect specific conditions of the area and desires of the local residents. Where joint funding of open space areas is contemplated, the management policies should be modified , if necessary, and made a part of the agreement. 2. DEFINITION OF OPEN SPACE An area of natural landscape essentially undeveloped, such as ridges, streams, hillsides, canyons, natural shorelines, marshes and scenic buffer areas owned, controlled or leased by the Marin County Open Space District or the County of Marin for open space purposes. 3. USE POLICY Allowable uses of the open space areas shall be restricted to those uses having no impact or a minimal impact on the natural environment. The use of existing fire roads for horseback riding and hiking is considered a primary use of the open space areas. Pedestrian and equestrian access to these areas should be provided wherever possible and reasonable; however, it is considered desirable to have several minor access points to open space areas as opposed to a few larger concentrated or developed trail-head facilities. The intent is to serve the people in the adjacent communities, but not attract large numbers of visi- tors by automobile from other areas to utilize the open space. a. The following are considered desirable uses for the open space areas and should be encouraged where compatible: 1) Pedestrian access on fire trails and hiking trails. 2) Equestrian access on fire trails and other designated trails. 3) Canoeing and non-motorized boating. 4) Study of the natural environment, including interpretation as well as scientific study. 5) Photography, painting, sketching, and other day use recreation endeavors that are compatible with the basic policy of maintaining the environment in its natural state. B-2 I _ OPEN SPACE MANAGEMENT POLIC ,cS b. The following uses are considered incompatible and are prohibited activities within th'a open space areas: 1) The use of motorized vehicles, except when authorized for emergency and management purposes. 2) Hunting. 3) Collection of any plants, animals or minerals from the natural environment, except where authorized as an integral part of the land management program or for scientific study. 4) Commercial exploitation of natural resources, including minerals, timber, flora and fauna. 5) Littering or dumping of any kind. 6) Non-recreational or non-educational uses, such as the construction of ut"sl !ties or roads for purposes other than those set forth by these policy guidelines. Exceptions should only be granted where no feasible alternative exists and where the general public benefit outweighs the anticipated encroachment or degradation of the open space area. Excep- tions are also subject to environmental assessment and public hearings. LF. MAINTENANCE AND OPERATION It is the District policy to retain all open space areas open to the public for their use, enjoyment, education, and personal enrichment within the guidelines and rules established herein and elsewhere by the District. a. The District will seek to coordinate the use of its lands with ocher public and quasi-public lands that are contiguous to or are accessible by trails, such as: 1) County Parks and Preserves _ 2) Special District Open Space Areas 3) Water District Lands 4) City Parks and Open Space Areas 5) State Parks and Reserves 6) National Parks, Recreation Areas, Seashores and Monuments 7) Schools 8) Quasi-public lands owned by organizations, such as the Audubon Society, Nature Conservancy, Marin Conservation League, Trust for Public Land, Boy Scouts of America and others. . 2 B-3 OPEN SPACE MANAGEM7�►1T POLL S b. The Distract and County Open Space lands will be patrolled and maintained by personnel employed by the County of Marin Parks and Recreation Department under the culdance and direction of the Open Space District. Emphasis will be placed on the recreational and educational potential of the open space areas. C. Law enforcement shall be provided by the jurisdictions in which a reas 'are located. The special problems of law enforcement in these undeveloped areas will be discussed with the appropriate agencies and solutions tailored to each area. d. When a city or other special district desires to maintain and patrol District- owned open spaces within their boundaries, the District may consider the lease of the lands in question provided that all District policies for opera- tion and management are made a condition of the lease agreement. e. Organized group use of the open space lands is by permit only. Schools and other qualified organizations who utilize the areas on a regular basis may apply for an annual use'perml t. f. The District may engage in landscape restoration and enhancement programs where the natural landscape has been altered or degraded through misuse. Such programs may include restrictions on public access. 5. FIRE HAZARD CONTROL POLICY The threat of fire within open space areas and adjacent residential areas during the dry summer months is significant. It shall be the District's policy to reduce the threat of fire by utilizing the following land management techniques as they may apply to any specific area. The District will comply with local codes and ordinances pertaining to fire hazards, and further reduce the threat of fire by employing the following: a. Open fires, barbecues and lighting of any combustible material is prohibited. b. Smoking is allowed only from November through April. C. The County and local Fire Departments will continue to maintain the fire roads and trails as they have in the past. The frequency of grading_ and methods of maintenance of these roads will be determined by mutual agreement of the respective Fire Department and the Open Space District Management personnel . District personnel shall assist in the maintenance of the roads, in providing fuel breaks, in signing critical areas and in providing water storage tanks in appropriate locations for fire protection. d. Public access by motorized vehicle will be excluded. e. Perennial grasses and other fire resistant plant materials may be introduced in high hazard areas on a limited basis. 3 B-4 f The stability of plant cofm.unities in selected areas will be monitored, particularly the grassland areas, to determine if brush, weeds or other heavy fuel rnaterials are encroaching. If the plant community is found to be unstable and the fire hazard increasing because of biological succession, the District will carry out a detailed study to determine the most desirable and effective means to correct the potential problem. The District recog- nizes that any corrective measures, biological or physical , will have to be tailored to each area, taking many variables into consideration. g. The district shall reserve the right to close certain open space areas to the public during periods of extreme fire hazard conditions. These closures will be declared by the respective Fire District Chiefs when atmospheric' and and vegetative conditions require it. Such closures will be made on a daily basis, except in certain areas mutually agreed upon by Fire District and Open Space personnel for long-term closure. Closure will be publicized through the press, radio,.T.V. and any other appropriate means. h. Limited grazing may be used to reduce fire hazard conditions on a selective and controlled basis. i . Property owners living-adjacent to open space areas will be granted permission to assist in the protection of open space and their own properties by S211JM grass, thinning trees and shrubs and removing trash and deadwood on open space lands adjacent to their Dronerties in accordance with District and local Fire Fire District brushing specifications. These specifications will be made available to the public by SDeCial mailings and at the District office. WNANCIAL RESP-gNSIBILITIES a. The Marin County Open Space District will assume maintenance and management responsibilities for all open space lands which are of Countywide signifi- cance when the District has contributed towards the purchase. b. All lands maintained by the Open Space District will be maintained in accordance with approved Open Space Land Management Policies. c. Where joint acquisition occurs and portions of the land are retained for local use under local control', financial management and maintenance responsibilities must be borne by the local agency. d. The District may also maintain locally acquired lands of Countywide significance, but only when the local jurisdiction-- 11) first agrees in writing to the application to the Open Space District Management Policies, and 2) provides District approved fencing, gates, sighing and 'other basic- improvements if needed. e. The District may maintain land of local open space significance only if-- 1) such lands are located adjacent to properties already administered by the Open Space District; and 4 B-5 v 2) the local jurisdiction agrees to the application of District Land Mana-ement, Policies; and 3) the r—aintenance and management costs for these lands are borne by the local jurisdiction. 5 B-6 M-85-140 (Meeting 85-24 Sept. 11, 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 9 , 1985 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Resolution Congratulating the Bay Conservation and Development Commission on the Occasion of its Twentieth Anniversary Discussion: As the attached clippings indicate, the San Francisco Bay Conservation and Development Commission (BCDC) will be 20 years old on September 17 . 1 had the pleasure of representing the District at a reception in honor of BCDC sponsored by Save San Francisco Bay Association. At the reception Mel Lane, the Commission' s first Chairman, and other speakers stressed that because of continuing development pressures , the public' s work is not done in showing support for the preservation and wise use of the Bay. Since the Basic Policy of the Midpeninsula Regional Open Space District states that "The District will promote cooperation with and encourage governmental agencies, private organizations , and individuals to preserve open space" , it would be fitting for you to adopt a resolution of congratulations for presentation to the Commission. Recommendation: I recommend that you adopt the attached Resolu- tion Congratulating the San Francisco Bay Conservation and Development Commission on the Occasion of its Twentieth Anniver- sary, and that a Board member, if available, be appointed to present a suitable copy to the Commission, preferably at the September 19 meeting of BCDC at 1 :00 P.M. , Room 1194 of the State Building , 455 Golden Gate Avenue , San Francisco. Party to honor 3 tate Agency ,,,,�� 3 210 Years of Bay Conservation More than 100 miles of San Ronald Reagan. tions without issuing formal orders �' ` ( �1 Francisco Bay's shoreline are Under the chairmanship of or going to court. Saving the Bay open for public use today — compared with four miles in Melvin Lane, publisher of Sunset The agency also approved $97 c 965. Magazine, the commission moved million of water-related shoreland WHEN THE BAY Conservation and Devel- quickly and with surprisingly little developments last year. These are opment Commission was created two decades The water is purer, and gar- opposition into delicate areas. And expected to increase the size of the ago, Sail Francisco Bay was a natural resource bage dumps that were rising behind it has remained relatively free of bay by 12 acres and provide 12 addi- being diminished at the alarming rate of 2300 the shoreline 20,years ago are gone, criticism. tional acres of shoreland access for acres a rear. The bay had been regarded, fo; replaced in many cases by parks, "We are very pleased that a re. the public. more than a century, chiefly as an obstacle to beaches and marinas. cent independent survey found that For the past eight years, the be filled for development. These and other accomplish- Bay Area opinion leaders rank the BCDC has had the added responsi- BCDC, created by the McAteer-Petris Act, ments will be celebrated at a party commission highest among public bility of safeguarding the 100- changed all that. And it is a tribute to the on Thursday marking the 20th anni- agencies involved in land-use plan- square-mile Suisun Marsh in Solano versary of the Bay Conservation ning," said Steven A. McAdam, as- County, the largest remaining wet- effectiveness of this valuable agency that the and Development Commission, the sistant executive director. land near San Francisco Bay. The area of open waterway is today actually grow- nation's first coastal management marsh provides habitats for many ing because of requirements the commission agency. Among the major accomplish- rare and endangered species of places upon developers. ments since the BCDC was founded birds, including the Aleutian Cana- The agency began during a are the creation of the 22,000-acre da goose, bald eagle, peregrine fal- While the commission has put an end to the time of crisis.The filling of the bay San Francispo Bay National Wild- con, California black rail and the random and reckless bay fill practices of the was speeding up in the mid-1960s, life Refuge at the southern end of California yellow-billed cuckoo. past, it has allowed maritime related develop with developers and local govern- the bay, China Camp State Park in ment.Perhaps its most important achievement, ments filling in an average of 2300 Marin County,the Point Pinole Re- Naturalists estimate that at acres a year.Massive new fills were gional Shoreline in the East Bay and least a million birds a year visit San from the point of view of most Bay Area citi on the drawing boards, including a half a dozen other large shoreline Francisco Bay and the Suisun zees, is the dramatic increase in bay shoreline huge development in the shallow parks. Marsh.The birds,many of them de- public access. When the commission took up its waters off Berkeley and a new free- pendent on wildlife habitats around work, only four miles of shoreline were avail- way in the bay in San Mateo County. In the BCDC's most recent an- the bay for nourishment while on able for ready public access. Today, there arc nual report, chairman Robert R. the Pacific flyway from the Arctic 100 miles of shoreline access enjoyed by mil- With strong support from their Tufts said the commission has con- Circle to South America, represent lions upon millions of visitors annually. That constituents, the late state Senator tinued its task of "assuring a bal- at least 145 species. magnificent bay was out of reach not too long J.Eugene McAteer of San Francisco ante of conservation and develop- and o. BCDC has made this public trust available and Oakland Assemblyman Nicho- nient around the bay." Thursday's birthday party will g P las Petris (now a state senator) be held from 5 to 7 p.m. on Pier 35 for public use and enjoyment.We congratulate pushed through a bill creating the It issued nine cease-and-desist on The Embarcadero under the aus- BCDC for its splendid public service. BCDC. The commission, which be- orders last year and undertook 41 pices of the Save San Francisco Bay gan under the administration of formal investigations. But in more Association.The BCDC will not offi. Governor Pat Brown as a temporary than 75 percent of the cases, Tufts cially be 20 years old until Septem- agency, became a permanent body added, the commission was able to ber 17,the anniversary of the sign- four years later under Governor halt illegal bay fill and other viola- ing of the McAteer-Petris bill. RESOLUTION NO. 85-47 -SOT UTION OF THE BOARD OF DIRECTORS OF THE -17 DPENLINSULA REGIONAL OPEN SPACE DISTRICT CONGRATULATING THE SAN FRANCISCO BAY CONSER- VATION AND DEVELOPMENT COMMISSION ON THE OCCASION OF ITS TWENTIETH ANNIVERSARY WHEREAS , the San Francisco Bay Conservation and Development Commission has with great diligence and success over the last twenty years adopted and implemented the San Francisco Bay Plan for conservation, public recreational use, and water-related development; and WHEREAS , the Midpeninsula. Regional Open Space District has been actively involved in the preservation and public use of open space along the shoreline of San Francisco Bay in Santa Clara and San Mateo Counties through the acquisition of land and water areas and the development of trails and access both directly and in concert with other public agencies ; NOW, THEREFORE , be it resolved that the Board of Directors of the Midpeninsula Regional Open Space District gives its heartiest congratulations to the San Francisco Bay Conserva- tion and Development Commission on the occasion of its Twentieth Anniversary . M-85-137 ee v,:r Dow MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 6, 1985 TO: B f Board o Directors FROM: H. Grench General Manager SUBJECT: Proposed Santa Clara County Open Space Task Force As the attached clipping indicates, the Santa Clara County Board of Supervisors is considering Supervisor McKenna's proposal to form an Open Space Task Force. Note that an MROSD representative is proposed. We should be hearing more about that soon. f �.�-,...-.-... •�.-�-_-. -r...��.� �•--1.,,...,J-....�.._-'ti.-_. ---_-..-.�_ _ ..--_ -—.r-r-+..�_v-�.r.v-.^.s..-..tee...+�-.t-rr .r.i-r�...v.r.r....*r�-r'.-r,.s+.-.•+.-:..r. .-.� .. ._.w....,.«...�v.r-.`y+r.r... l 4-TIMES TRIBUNE , 9,_ © Thursday, September 5, 1985—A-3 � r.4 11 Won n d a M &T:h g% U, loc W-N K, e amp i-I e Tom 2-13% n e- I d 0 By Mario Dianda credibility of this task force is how amendment would constitute a con- es : s Tribune staff Supervisors to consider task force on open space', farms well it is," McKenna flictofinterest. manta Clara County supervisors said. The Times Tribune reported in Tuesday will consider forming a McKenna said she decided 'to January that Legan is rock prod- Cheriel Jensen,an associate county goal of the task force will be to considered by the task force are call for a comprehensive study be- ucts manager for Kaiser Cement committee to study ways of preser- planner. save as much open space land as public purchase of land through cause "ore of the first issues I had Corp., which owns 3,260 acres in vino the county's remaining open She said that among 11 Bay Area the Cupertino hills. spaces. g Y possible. benefit assessment districts, the to vote on was whether to increase p counties, Santa Clara County ranks The study should take a year, transfer of development rights and density in the hillsides." Under state law, public officials 'The broad-based task force,if es seventh in the ratio of open space McKenna said, and count plan- limited development in exchange are prohibited from discussing or tablished as proposed by Supervi- Y p g She was on the losing end of a 3 2 actin on issues that can financial- to population. ners probably will hire a consultant for dedication fees. g : sor Dianne McKenna, would try to A majority of the supervisors to work with the task force. "I'm trying to get as broad-based vote last year involving a general ly benefit them or their employers. determine the best use for 821,000 said in separate interviews that The task force's charge would be a representation from around the plan amendment proposal by Su- In a subsequent investigation, -'acres of open space, hillsides, they generally support McKenna's to "identify all possible preserva- county as possible,"McKenna said, pervisor Tom Legan that could the state Fair Political Practices farmland and parks within the have led to the doubling of resi- Commission ruled that even though proposal. tion techniques, alternatives and noting that representatives of real G county. McKenna said that although her revenue options," according to a estate and agriculture would serve dences in hillside areas. Kaiser does not currently plan to Such land accounts for 9.3 per- "preservation task force" would resolution that McKenna will pres- on the committee along with en- That proposal has since been develop homes, the value of its cent of the total acreage in the not rule out further development, ent to the supervisors. vironmentallsts. dropped because a state agency heavily developed county, said she wants everyone to know the Among the alternatives to be "The strength, I think, of the concluded that Legan's vote on the Please see SPACE,A-4 Kaiser." appoint a foothills resident and Su The l lth member would be one Farm Bureau member. may achieve the same goals he-liad Legan therefore should not vote sanne Nilson would appoint a south of the.supervisors. In addition. Legan said he hopes set. %S"" P A C E on any amendment, the commis- county resident. voting that she already followed the task force will place as much Board Chairman Diridon isa- sion decided. McKenna said two other mem- some of her colleagues'recommen• emphasis on reaching an "equita- greed. Continued from A-5 McKenna said her proposal is bers would include representatives dations in determining the group's ble" solution for hillside property more comprehensive than Legan's of the county Planning Commission membership, McKenna said, "I'm owners as on preserving open "There's no relationship'be. property theoretically could in- I)OCilUse it would examine farm- and the Parks and Recreation fairly confident that the composi- space. tween the two proposals," said crease by $2.9 million if Legmi's land and parks as well as hillsides. Commission who currently serve tion with these changes is going to "I think that's the one thing that Diridon, who voted with McKenna amendment had been approved. Five of the task force members on a greenbelt task force. be approved by the board." got lost in the emotional aspect of in opposing Legan's original pro. For that reason, and because would be appointed by individual The Nest County Chapter of the Legan said he supports 141cKen- my proposal," Legan said, adding posal. there are only 742 parcels of hill- supervisors, McKenna said. League of Women Voters, the Mid- na's proposals, but will suggest that his proposal would have ak "I think Dianne's attempt is truly side land more than 40 acres large She said she probably would ap- peninsula Regional Open Space some technical changes. For exam- lowed landowners to dedicate open to try and preserve open-space that would be affected by the point a preservation expert, Legan District and the agricultural indus- ple, Legan said, agriculture is too space in exchange for building land," Diridon said. --1 amendment, the commission ruled would appoint a real estate expert, try each would appoint a represen- general a field from which to select houses in clusters. Lofgren and Wilson, who sup- that Legan's proposal µ-ould ',cave Rod Diridon would appoint an en- tative to the group, McKenna a representative,so lie will recom- With some minor revisions, ported Legan's original proposal. "a material financial effect upon vironmentalist, Zoe Lofgren would added. mend the appointment of a county Legan said, McKenna's proposal unavailable for comment. R-85-38 (Meeting 85-18 July 15 , 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT July 11 , 1985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; Mary Gundert, Associate Open Space Planner SUBJECT: Proposed Darling Property Addition to La Honda Creek Open Space Preserve Introduction: The Mid peninsula Regional Open Space District has been offered the opportunity to purchase 69 acres of land located west of La Honda Road (Highway 84) and north of the District' s contiguous La Honda Creek Open Space Preserve (see attached map) . The land is owned by Ned P. Darling of Portland, Oregon. If acquired , this property would become an addition to the La Honda Creek Open Space Preserve. A. Description of the Site 1. Size, Location and Boundaries Sixty-nine acres in size, the property is located on La Honda Road (Highway 84) , approximately 0. 75 mile south of Sky Londa (the in of Skyline Boulevard and La Honda Road) . La Honda Road forms the eastern boundary of the property, while the La Honda Creek Preserve forms the southern boundary. Private property adjoins to the north and west. The District's Windy Hill Open Space Preserve is located approximately one mile to the east. 2. Topography, Geology, and Natural Landscape Two creeks are located on the property; La Honda Creek parallels La Honda Road approximately 500 feet west of the road, and an unnamed tributary cuts across the southwest corner of the property to join La Honda Creek along the property ' s southern boundary. The land located east of La Honda Creek is comprised of steep westerly facing slopes , while that property located east of the creek is comprised of steep southeast facing slopes. Elevations range from 1240 feet along La Honda Creek to 1920 feet in the northwest corner of the property. Vegetation on the site is primarily dense second growth redwood and Douglas fir forest mixed with hardwood forests of oak and madrone. The disturbed areas of the property on old roadbeds and slides have been revegetated with Scotch broom and coyote bush. R-85-38 Page Two B. Planning Considerations The property is located within San Mateo County's Timberland Preserve Zone, designed by the State to protect commercially productive timber- land for commercial logging purposes. No timber management plan has been prepared for the property. The property is rated low to moderate on the District's Master Plan map, a composite rating of open space values. C. Current Use and Development Access to the property is via La Honda Road. Several roadside pullouts are located on La Honda Road along the northern boundary of the prop- erty. It is estimated the pullouts would accommodate approximately ten cars if fully utilized. A dirt roadway enters the property in the northeast corner from one of the pullouts. The roadway is currently overgrown with Scotch broom and coyote bush and has several significant landslides which have eaten away at the road bed. The roadway. generally parallels La 'Honda Creek and La Honda Road, and, as it nears the southern boundary of the property, crosses La Honda Creek on a nearly collapsed redwood timber bridge. The road continues in a northerly direction after crossing the creek, but again it is overgrown and impassable. Additional trails on the west side of La Honda Creek have yet to be explored, although it is known that some trail sections are open on the westerly edge of the property which connect the adjacent District and private lands. There are no structures on the property other than the bridge. CalTrans holds a slope and drainage easement adjacent to La Honda Road, and several culverts and retaining wall structures are located within the easement. Wildlife and scenic values of the property are high. D. Potential Use and Management Like the La Honda Creek Open Space Preserve, this property, while magnificent wooded land, is somewhat limited in its current access potential due to the collapsed bridge across La Honda Creek. However, once a creek crossing is re-established the site could be connected via trails with the La Honda Creek Open Space Preserve to the south. Several CalTrans pullouts adjacent to the current access road to the site could accommodate up to approximately ten cars. In addition, a level area located immediately inside the property next to the access road could possibly be expanded to serve as additional parking and a staging area for the La Honda Creek Open Space Preserve. E. Interim Use and Management Recommendations 1. The site will be managed as a wildland area with limited public access. 2. Staff will research the potential for parking on the level area in the northeast corner of the site, including consideration of potential impacts on neighboring private property. Site maps to be distributed to the public will not show any parking areas. 3. Preserve boundary plaques will be placed on the site where appropriate. 4 . Staff will research alternate creek crossing points and other potential public access routes. R-65-38 Page Three F. Dedication I recommend the site be withheld from dedication at this time. The adjacent La Honda Creek Open Space Preserve is currently undedicated until such time as the District's acquisition possibilities and the pattern of private development of currently undeveloped land in the area become better established. G. Name I recommend the property become an addition to La Honda Creek Open Space Preserve and be known by that name. H. Terms The total purchase price for the 69 acre Darling property, as stipu- lated in the attached Agreement to Purchase Real Property, would be $176,300 ($2 ,555 per acre) . The Agreement further provides for a down payment of $35 , 300 (30%) in cash, with the balance of $141 , 000 payable over 10 years at 7% interest. This indebtedness is subordi- nate to the District ' s 1982 and 1985 note issues because of the limit on additional parity debt placed upon the District by the terms of these note issues. 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 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) . I further recommend that you tentatively adopt the Interim Use and Manage- ment Plan recommendations contained in this report, name the property an addition to the La Honda Creek Open Space Preserve, and indicate your intention to withhold the property from dedication. ••r i. 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M-85-136 (Meeting 85-24 , September 11, 1985) or } � a.k ; MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 6 , 1985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION : D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Adoption of Amendments to Long Ridge Open Space Preserve Use and Management Plan Regarding Trail Alignment and Signing Introduction: At your August 28 , 1985 meeting, you considered a proposed amendment to the Long Ridge Open Space Preserve Use and Management Plan - Trail Realignment and Signing (see memorandum M-85-182 , dated August 22 , 1985) . The memorandum, accompanied by a map, identified seven major ele- ments of a trail realignment plan that would avoid use of the Long Ridge Road as a trail. Discussion: At the August 28 meeting, discussion centered around timing of implementation of the trail realignment and any interim trail uses of the road. An eighth item was added to the trail realignment plan as follows and was tentatively adopted with the other seven elements. 8) Staff will investigate the feasibility of implementing the section of trail as soon as possible between points 'A ' and 'B' on the map prior to the adop- tion of the amendment to the Use and Management Plan. Staff met with the District 's trail contractor on August 29 to discuss the feasibility of constructing an additional trail as identified in No. 8 above . The meeting was attended by three local residents and a local trail organi- zation representative. A feasible trail alignment was established that could be installed through both volunteer and contractor efforts . The neighbors and trail organizations have volunteered to aid in brush clearing and other trail work both prior to and during trail construction. Cost of this addi- tional trail section is estimated at $1350 - $1800. The original section identified as 'B - C ' on the map could be constructed at the same time at an estimated cost of $1800 - $2250 . This section is over rugged terrain and not suitable for volunteer participation. Both of the above trails will be constructed at the end of September when the trail con- tractor returns to the Bay Area. Prior to that, 2 to 3 brush clearing work- days will be organized to coordinate volunteer efforts . Volunteers from the neighborhood and various trail organizations will be invited to participate with District ranger staff supervising the operation. A third section of trail, the old skid road, could also utilize volunteers to clear downed trees to aid in the opening of the entire proposed trail length. Signing: Signing of the parking area at Grizzly Flat and signs warning of trespassing and hazardous cliffs adjacent to the Devil 's Canyon area of the Preserve were requested by a neighbor at the August 28 meeting. Staff feels M-85-136 Page 2 the Grizzly Flat parking area is sufficiently delineated as a parking area as it exists and is currently indicated as such on maps of Long Ridge which are given to the public. The District currently signs the trails leading into Devil 's Canyon as 'Private property ahead, please do not trespass , , at the District boundary. Special warning signs identifying the canyon as a hazardous cliff area including no trespassing can be installed at the trail- head leading into Devil 's Canyon. This signing will be coordinated with the other signing on the site. The staff report prepared for your August 14 meeting and considered August 28 recommended posting of a 15 mph speed limit on the road across District lands. Although the trail is to be entirely off-road, this is still part of the recommendation in order to help avoid hazardous situations with those people , including visitors of our Portola Park Heights neighbors , who do not use the trail in spite of the signing directing people to the trail and away from the road. Recommendation: I recommend that you adopt the amendment to the Long Ridge Open Space Preserve Use and Management Plan as contained in memorandum M-85-182 and as revised herein. M-85-133 (Meeting 85-24 , September 11, 1985) low MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 5 , 1985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of the Interim Use and Management Plan for the Darling Acquisition to the La Honda Creek Open Space Preserve Introduction: At your July 15 , 1985 meeting you approved the acquisition of the Darling property addition to the La Honda Creek Open Space Preserve (see attached report R-85-38 , dated July 11 , 1985) . You also tentatively adopted the Use and Management recommendations contained in the report and indicated your intention to withhold the property from dedication at this time. In accordance with the adopted Land Acquisition Public Notification Pro- cedures (see memorandum M-83-106 , dated August 31 , 1983) , final adoption of the Interim Use and Management Plan was deferred until after close of escrow to allow for notice to the neighbors and the general public so as to elicit comment. Escrow on the 69 acre Darling property closed Au- gust 16 . To this date , and since the initial hearing, staff has received no further public comment on the acquisition. A special effort was made to notify not only contiguous neighbors but also those along the La Honda Creek and road boundary of the Preserve of this final Interim Use and Management Plan adoption. Recommendations : I recommend that you adopt the Interim Use and Manage- ment Plan for the Darling property addition to the La Honda Creek Open Space Preserve, including the naming, as contained in report R-85-38 and that you withhold the property from dedication as public open space . M-85-135 (Meeting 85-24 , September 11, 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 3 , 1985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Associate Open Space Planner SUBJECT: Final Adoption of Interim Use and Management Plan for State Lands Commission Lease Addition to the San Mateo County Baylands Reserve Discussion: At your March 13 , 1985 meeting you approved the 49 year lease of 99 acres of bay surface , tidal lands , marsh, and an adja- cent levee from the State Lands Commission (see attached memorandum M-85-34 , dated February 22 , 1985) . The property is located in unin- corporated San Mateo County immediately south of the Dumbarton Bridge. In accordance with the adopted Land Acquisition Public Notification Procedures (see memorandum M-83-106 , dated August 31, 1983) , final adoption of the Interim Use and Management Plan was deferred until after close of the transaction to allow for public comment. The lease was recorded on August 2 . Since the initial hearing staff has received no further public comment on the acquisition. Recommendation: I recommend that you adopt the Interim Use and Man- agement Plan for the State Lands Commission lease addition to San Mateo County Baylands Reserve, including the naming, as contained in memorandum M-85-34 and dedicate the District 's interest in the prop- erty as public open space. M-85-34 (Meeting 85-04 Feb. 27, 1985) NIIDPENINSLJLA REGIONAL OPEN SPACE DISTRICT MEMORANDUM February 22 , i985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager* D. Hansen, Land. Manager; D. Woods, Open Space Planner; M. Gundert, Associate Open Space Planner SUBJECT: District Lease of Portion of San Mateo County Baylands Reserve from State Lands Commission Introduction: The Midpeninsula Regional Open Space District has been offered the opportunity to lease approximately 99 acres of bay surface, tidelands, marshlands, and an adjacent levee immediately south of the Dumbarton Bridge for 49 years from the State Lands Commission. A. Description of Site: The two parcels to be leased are located within unincorporated' San Mateo County . Zhe westernmost parcel is approximately 3 acres in size, and the eastern parcel is approximately 96 acres. The property is adjacent to the Dumbarton bridge parking area constructed by CalTrans and a portion of the San Mateo County Baylands Reserve (see attached map) . A levee forms the western boundary of the property, exten- ding southerly from the parking area approximately one-half mile. Easterly from the levee, a marsh area vegetated with pickleweed yields to the tidal mudflats and submerged bayland which forms the eastern boundary of the property. To the north of the property is the District ' s San Mateo County Baylands Reserve and additional submerged lands of the State Land Commission. Salt ponds owned by Leslie Salt are located west of the levee, and the Hetch-Hetchy aquaduct forms the southern boundary to the property. B. Current Use and Development: The existing levee running north-south on the property was covered with bay mud spoils by CaIT-rans from its recent Dumbarton Bridge project approximately one year ago. Previous to this time the levee was driveable, and trespassing regularly occurred. Now the levee is impassable to vehicles. While the spoils are drying and consolidating, occasional hikers, bird- watchers, and sometimes hunters walk the levee from the Dumbarton frontage road. Several paved parking spaces are now available on the approaches to the Dumbarton Bridge, and the levee offers a tempting opportunity to get out into baylands . No structures are present on site other than a fill pipe and a pump on the inboard side of the levee serving the Leslie salt pond to the west. C. Potential Use and Management: The site offers a marvelous opportunity to experience t e ay an s y walking the levee. With saltmarsh and tide- lands to the east and brackish salt ponds to the west, a variety and abun- dance of birdlife can be viewed close at hand. The levee eventually could serve as the starting or ending point to loop trails on other District, County, and city baylands to the south and become an adjunct trail to the major bayfront trail . The levee should be surfaced with a compacted base- rock once the mudspoils have hardened in approximately two years to allow easier passage to foot traffic. M-83- 34t Page two Magnificent vi-_,is of the adjacent bridges , baylands , and south bay hills are evident from the site . District rangers would have to initiate occasional pa-:_rols to ensure that the lease requirements are fulfilled, but with the -Dotential assistance of the federal Fish and Wildlife Service, State Depart-rme-nt of Fish and Game; and perhaps CalTrans , District patrols could be kept to a minimum. Due to the still fragmented and undeveloped. nature c-= the site at the current time , District rangers patrol the San Mateo County Baylands Reserve on the average of two hours per month. With the addition of the lease area , coverage time should increase to four hours per month, or the average of one hourly site visit every two weeks . With the fencing and signing installed and assistance from other agencies , it would appear more than adequate for this site. Eventually in conjunction with management of further additional baylands in the area, ranger trips should increase to a weekly basis. Costs for managing the site should not outweigh the public benefits for use of the site once the amenities have been installed. D. Interim Use and Management Recommendations 1) The site -will be open to the public and managed as a natural area under all lease requirements. 2) A District gate; stile, and fencing will be installed at the northern end of the levee to prevent illegal vehicle entry. The approximate cost is 51600 . 3) Regulatory signs should be installed at either end of the levee. All signing and fencing is required to be approved by the State Department of Fish and Game before installation. Costs would be approximately $75 . 4) The federal Fish and tildl_ife Service , State Department of Fish and Gam(., and California Department of Transportation will be consulted to ascertain what assistance they can provide in helping the District rangers in managing the site and in aiding in improving the levee surface. E. Name : The site should be named as an addition to the San Mateo County Baylands Reserve. F. Dedication: The District ' s interest in this property (the 49 year lease) should be dedicated as public open space. G. Terms: With District assistance , this parcel was purchased by Peninsula Open Space Trust. from World College West (who received a gift of the property from the previous owner) . The Trust sold it to the State Lands Commission under the Commission ' s mitigation program to return lands to State sovereign title. As a part of the sale to State Lands , the State Lands Commission approved a plan to lease the entire property to the District at no cost for a period of 49 years. This provision was nego- tiated because: 1) the levee on the property is an integral part of the proposed Bayfront Trail , 2) the bay margin area of the property contains a vital tidal marsh and, 3) it would be assured that the State Lands Commission would not lease the area to third parties for uses , such as hunting and mineral extraction, incompatible with the proposed public recreation and open space uses of the District. Some of the provisions of the lease include: 1) There would be no cost to the District unless the District derives a profit from the property. ri-851 3 4 Page three 2) Any planned District improvements would have to be reviewed by the Sz �lte Department of Fish and Game . 3) Minerals could still be extracted by the State , but there would be no surface entrv. 4) The District may terminate the lease at any time for any reason by giving 60 days written notice. Recommendation: I recommend that you adopt the accompanying Resolution Authorizing Acceptance of Lease , Authorizing Officer to Execute Lease on Behalf of District, and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (San Mateo County Baylands Reserve - Lands of the State of California, State Lands Commission) . I further recommend that you tentatively adopt the use and management recom- mendations contained in this report, including naming the property an addition to the San Mateo County Baylands Reserve , and indicate your intention to dedicate the leasehold interest in the property as public open space. Ur,+.nbr,dqL Y,r• °.'A 20 G sr,dgc S 'J WATEO COUNTY P,r - ."Dumbarton g A N FIt R N • •� BAYLANDS RESERVE Cable area Point = Dumbarton 1 PROPOSED LEASE AREA Point Ht�d / 1 (APPROX. 99 ACRES) R S �t PGt� •t������ta �� ;M 5 S-Lr IL� \` II r. \ ' EVAPOw:'„R5 n rI fTf- 1 /f-1 Radio \GO SPj'J MATEO COUNTY BAYLANDS RESERVE f' ea r n.rarin ! MUD � •� � +' �- Lanclinr� r'ir� —_�. ;Rat•enacrw�3 ,.` I. Y-•. � h .. L �3C� C. Oaks Q Park Sub. I. nnLat1 Cen:±r /East P—I(i _ALlto=o 4 =!Fire St3 VALO ALTO S,nd Point I ` +��• 1 .\e•n+wartl •h GatirlU•rl,a '�. •, PA_ �\ �•EIIr;h R.l+ Try Sch --- _ `..c O ALTO • .. MUNICIPAL AIRPORT ✓��� i. �� R y q of 1 \S BM�7� O < Yacht ch <ro ?•9.rLARa o =` ��,rl it t - RM 2 �. T atk `�,' - -�'r � : r��# ��, , •:; SAN hATEO COUNTY BAYLANDS P.ESE_RVF vs ^L,'�' .� :f_a�£_ j:1, .•er:a5--�__ f I SCALE 1't = 2000' NORTi- - �I.� • f t M-85-132 AA_ (Meeting 85-24 law Sept. 11 , 1985) or MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 5, 1985 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Letter to Duveneck Family in Recognition of the Contributions of Frank Duveneck to This District Discussion: Frank Duveneck died on September 2 at the age of 98 (see attached clippings) . His personal achievements and service to the community are legend. As a specific contribu- tion to this District, he and Josephine, with the support of their family, donated the 430 acre Windmill Pasture Area of the Rancho San Antonio Open Space Preserve to the District in 1978 . Since then he made arrangements for preservation of Hidden Villa Ranch through The Trust for Hidden Villa which in turn has been working with the District toward that end. Undoubtedly, even more important than those specific contribu- tions , the aid and encouragement he gave in so many forms to individuals and groups over his 50 years at Hidden Villa helped provide the base of public awareness and support essential to the creation and continuance of the District. Recommendation: A letter from the President to the Duveneck family on behalf of the Board would be appropriate at this time. In addition to an earlier family service , a memorial service is planned for September 21 at Hidden Villa. H0. ,, .Jen Della Ra� ,h ®viner .i z ` xx ga %: Fra.lk Duveneck dies at 98 -h z � . F '` r'ON f 3, By Carl Lakey q r to r pist, rancher, mechanical engineer Times Tribune staff and physics professor. Someone Frank Duveneck once said that even went so far as to call him the 6 ' > "Johnny Appleseed of Love." if he wanted something, he rade i m To thousands of elementary t it—often with his own hands. tea ' school children Duveneck was theS Duveneck, who had known his man who, with his wife Josephine, time was coming for several set up an interracial summer camp �5h weeks, (lied Monday at the Hidden' at his Hidden Villa Ranch. £ r a Villa Ranch. He was 98. To black shipyard workers in the The ranch in Los Altos Hilts is 1930s and Japanese Americans ;� `� c3 ,. where his work—the fruit of both during World War II, Duveneck his hands and his sense of compas- was the man who made them wel- 4 sion—will live on for years in the come at his ranch at a time when minds of environmentalists, peace tolerance was not the rule in the activists, children and minorities country. throughout the Bay Area and be- But to Duveneck himself,he was yond. a man who simply had the freedom Duveneck was a man with many to act on what he wanted to do. (Frank Duveneck titles: humanitarian, philanthro "INly wife and I just knew what "Johnny Appleseed of Love." we ought to do,"he once said."And I In addition to his own accom- we did it." plishments, Duveneck, a graduate Duveneck will be remembered of Harvard University and a for- for sharing the land that he owned, mer physics professor at Stanford either by giving it away or inviting f University, has been important to the community to Hidden Villa. other organizations. He worked for After purchasing 2,000 wooded the Democratic Party and his Hid- acres at Hidden Villa in 1930, the den Villa Ranch spawned many Duvenecks started the first youth other clubs, including the Sierra hostel on the Pacific Coast in 1937. Club's Loma Prieta chapter. In 1945 they started ed the interracial � In 1977 he dona ted 430 acres of summer camp, which now attracts ; land to the Midpeninsula Regional about 16,000 students a year. Thou- Open Space District. He also start- sands more people just visit the ed the Hidden Villa Environmental ranch,which is on Moody Road. Project, which acquaints school- L'ndi his illness, Duveneck,a na- children with nature. live of Massachusetts, was very "I never owned the land," he much involved with the operation once said. ..... I simply held it and of Hidden Villa. Throughout the took care of it." years, his skills as an agricultural I And that he did. Life has always engineer, his understanding of con- been abundant at Hidden Villa, servation and his hospitality and whether it is in the faces of smiling goodness all were reflected in Hid- children, Duveneck's garden of den Villa. rare plants or the livestock that Duveneck gave his wife much of graze and are kept for children. the credit for their life work to- With his death, Duveneck's land — except for 40 acres around his gether. Josephine, a Palo Alto home at Hidden Villa — will be- councilwoman in the 1920s, was come property of a trust fund, once dubbed the "first lady of which was set up to preserve Hid- causes." Duveneck called his wife, den Villa. who died in 1978,"the spark plug." .i "The people around here realty But rank Duveneck also crest I enjoyed talking to him and Near- ed his own sparks. And his accom- { ing the stories of the past 50 years," plishments have not gone unrecog- I said Ann Warren Smith, the execu- nized. tive director of Hidden Villa. "He i In 1982, Duveneck School in was the one who made it all hap- Palo Alto — formerly Green pen." Gables School — was named after According to Duveneck's daugh- him. In the past few years, he has ter, Liz Dana of Los Altos Hills, been honored by a host of orga- family memorial services are nizations, including a realty board, planned. The family prefers me- for his humanitarian works. I morial donations to The Trust for Hidden Villa, 26870 Moody Road, Los Altos Hills 94022. In addition to Dana, Duveneck is survived by three children,Francis Duveneck, Bernard Duveneck and Hope Williams, all of Monterey; 11 grandchildren and 17 great-grand- children. Hidden Frank Duveneek, humamtartan of Continued from Page 1A neck Sr., was a well-known por- "When I went away to school I traveling and working in other Lewis, now called Fort Lewis, in servicemen and was pleased at and wildlife programs, group hikes trait painter who met his wife learned a lot about life and peo- states before asking her. Washington and Josephine tagged any interaction with Germans, and farm tours. while teaching art in Europe. ple," he told tite Los Altos Town In the interim, he took a job as along with the kids. When he particularly with children. During World War II, Duveneck Less than two years after Duve- Crier in 1981. "Where I grew up an engineering apprentice with shipped out, the rest of his family Upon returning to the United protested the uprooting and reloca- neck was born, his parents moved everybody loved one another. It Westinghouse Co. in Pittsburgh, moved back to California and set- States, Duveneck bought the 1,000- tion of Japanese Americans into to Paris so his mother could study came as a surprise to get out into and lived in a tiny room with his tied in Palo Alto. acre Hidden Villa Ranch in 1923 internment camps and helped painting. But she died unexpect- the world and discover everybody prized possession, a Steinway A non-commissioned officer in for about $25 per acre. The family those families held at Tanforan, a edly and the elder Duveneck,after didn't like everybody else.I think it grand piano. A couple of years of the Signal Corps, Duveneck did used it as a summer home. The San ?Mateo way station. He and his a brief stab at single parenthood, was good for me." travel with his aging father and a communications work in the com- Duvenecks eventually added more ` wife, Josephine, who died in 1978, sailed with his baby son to the He excelled in mathematics and new job in Lowell, Mass., eventu- bat zones of France. Ile felt land that included the Adobe Creek offered refugees from Europe and United States. Young Frank was science at Middlesex boarding ally brought him closer to Joseph- strongly that President Woodrow watershed and at one point,Hidden 'he camps a home at the ranch turned over to his maternal grand- school in Concord, Mass., and in ine. Wilson's 14 points should be Villa encompassed 2,500 acres. In .tit they could get started on their parents, Boston Brahmins who 1909, earned a master's degree in They married in 1913 and,draw- defended but admitted he was not 1978, Duveneck gave 430 acres to own. introduced Duveneck to their com- mechanical engineering front Ilar- ing from his inheritance, took an satisfied when armistice came in the Miclpeninsula Regional Open "Minorities is a horrible word, it fortable, social lifestyle. vard. extended, yearlong honeymoon to 1918. Space District and later donated utx� iaixi �iai a��c�ale, L a:et;i�c k "1 tlr*, ,3 s ;. ,t ?7„ i s".l li'r� o�, :mfl tho P it E i..t_ "It was the same old idea, get more land to Los altos MU, ns p 1 1 iitere, l;u��',s�`,k �.��c in a,, once said, interview in June: "I lived in a led as easy a Iiie as I had, it was up 'el'vriii 6ti,r 1 bic;>C�Aii,tiie tl.e irilu, ..,r.:.i �tr.,� Et;. i; i1it;1 ;, .•. . .. Duveneck and his wife extended luxurious sort of place, lots of to them to do something," he said couple was living in Cincinnati. down," Duveneck said when lie Asked how public use of prop- an open invitation for visitors to paintings and beautiful furniture." this year. "My problem has always Duveneck made a personal vow was 98. "Wilson felt that he had to erty evolved, Duveneck told the come to the working ranch: to help The maternal side of his family been that I belonged to a privi- not to work for any company bend his ideals to get a peace. We Los Altos Tou,n Crier: "it was out, watch animals give birth and belonged to a long line of promi- leged group." involved in the manufacture of were delighted to get home but we really very simple.,We didn't lock learn to garden. nent New England importers and In his last year of graduate war materials. Instead, he did felt that the sacrifices we made the door." IT, was horn on Dec. 18, 1836, in textile magnates. Duveneck was school he met Josephine Whitney, experimental work on textile were largely for nothing. i�iorerice, i�aly, into a hui;ie ei. iv raised it iti l;irEc>ry. "These are the thoughts of an He ran the Stanley Steamer coed b a cliquish melange of y whisked off to California to siiare :°pit r a I}ittcr cold � itttcr ill t,lu --�:terar." Y 9 g ter and her husband, who spent musicians, artists and writers who winters in Boston and springs in an his dream. Despite his admission 1917, the couple and their two chil- After the armistice was signed, oral years, anu ta:_canie socialized with his mother, Bos- 18th century country estate in the that upon meeting Josephine at an dren moved to Carmel. By then, Duveneck was sent to Germany as research associate in the Stanford ton-bred Elizabeth Boott. His Ger- rural area of Massachusetts known elite Boston debutante ball he the United States was involved in part of the Army of Occupation. University physics lab, where lie man emigrant father,Frank Duve- as the Vale. knew she would become his wife, the war and Duveneck enlisted in He taught mathematics and elec- was involved in experimental work = It was in that privileged setting, Duveneck spent several years the Army. He was sent to Camp trical engineering to American on a large X-ray tube. Duveneck said, that he realized The Duvenecks started Loma what he was born to do — help Prieta Chapter of the Sierra Club those who were less fortunate. in 1933, and in 1937 established a .r T _ youth hostel on the ranch. In 1945. Duveneck never succumbed to the _ snobbery afforded his class. He Duveneck is survived by four was most comfortable at the coun- try children, Elizabeth Darla of Los house, raising pigeons and Altos Hills, Francis Duveneck and playing violins fashioned from rub- hope Williams of Monterey and ber bands. His fascination with Bernard Duveneck of San Luis nature, especially trees and flow- Obispo; 11 grandchildren; and 17 ers, grew from his experience at great-grandchildren. i the country estate, where his rela- tives raised specimen plants. A private, family memorial ser- The optimism of that idyllic vice is planned. Tlie family pre=fern environment stayed with him but that memorial gifts go to the Trust 1& never blinded Duveneck to the for Hidden Villa, .a non-profit much less hopeful and less harmo- organization that runs the pro- nious world around H grams at Hidden Villa. � f _.__ .. . •-ate �h�.ti `� `'{ ��. y - 1k Frank Duveriecke, t 1�1 11i '1�111 dies By Mcgan McCaslin " F Y �,. •p 1 Mcrcuy News Staff Writer Peninsula humanitarian Frank B. Duveneck, who a r shared his ranch in Los Altos Hills with the poor and p the privileged for more than 50 years, died Monday. He was 98. 41 He died at his home after a short illness. r �s As the owner of Hidden Villa ranch,Duveneck used his own good fortune as a springboard to help others. �, RWM. ,• f White hair, madras shirts and a casual hospitality were the trademarks of a man known for his humility, fair-mindedness and pluck. Despite a severe hearing y { problem and dependence on a walker in his last years, i Duveneck would occasionally stroll around the ranch to relish the fruits of his efforts. The ranch %las the site of the country's first youth hostel, the birthplace of Loma Prieta Chapter of the f ' M•; ' Sierra Club, and has been used, since 1933, as a .." summer camp for children and a site for conservation "'"" Mercury New,Library Back of Section, Col. 1 Frank B. Duveneck P i i i i I F i i } M-85-138 (Meeting 85-24 Sentember 11, 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 4 , 1985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Boland, Operations Supervisor SUBJECT: Resnonse to Request by Santa Clara Valley Water District for District Contribution to Reseeding Project on Sierra Azul Open Space Preserve Background: The Lexington fire, which began on July 7, 1985, con- sumed approximately 13, 800 acres of land before it was extinguished one week later. Of the total acreage burned, approximately 240 acres were District property. Prior to vour receipt of Santa Clara Valley Water District Chair- person Donohue' s letter dated August 23, 1985 (see copy attached) , staff had initiated several actions to determine the District' s role in the oost-fire restoration process and to see if federal emergency aid and other funding sources were available to aid in site cleanup. Staff attended the following meetings and took these actions: 1) On July 29 staff attended the "applicants ' briefing" given jointly by the Federal Emergency Management Agency (FEMA) and the California Office of Emergency Services (OES) . An initial Damage Survey Report was filed at that time by staff. 2 On August 12 representatives from FEMA and OES made an on- site inspection of the damage to District lands which re- sulted from both the fire and also the firebreaks cut by the California Department of Forestry (CDF) (copy of report attached) . 3) At the request of the State Disaster Office, staff submitted on August 8 a description of potential erosion problems and a brief mitigation elan for their review. 4) On August 13 staff met with Mr. Rav Gimer of FEMA to com- plete a "final" Damage Survey Report which indicated that reseeding of the District' s acreage should be done by the Soil Conservation Service or the California Department of Forestry, but it was made clear that because no District structures or other facilities were damaged and that no District staff worked overtime in suppressing the fire, the District would not be eligible for any federal or State emergency funding support. M-85-138 Page two Concurrent with research efforts by District staff, separate re- seeding plans for all areas burned were proposed by both the California Department of Forestry and the Soil Conservation District in cooperation with the Santa Clara Valley Water District (see Water District memorandum dated August 5, 1985 which was attached to Mr. Donohue' s letter) . Staff has also made numerous phone contacts with staff representatives of CDF, the Soil Conservation Service, the Santa Clara Valley Water District, and private resource planning and management firms in an effort to determine the most helpful avenue to protecting and re- storing District lands. Discussion: Staff' s overall plan has been, and continues to be, minimal or no reseeding of chapparal areas burned, but extensive erosion control and reseeding of those areas such as new fire breaks damaged by the bulldozers and firefighters in attempting to quell the blaze. Staff has analyzed that approximately 51 acres of District land were severely graded and damaged as firebreaks, 20 acres of which were on the easterly side of Mt. Umunhum and not in the Lexington Reservoir or Lake Elsman watersheds. These areas should be reseeded and mulched with straw, and waterbars and other erosion control methods should be incorporated as well. An additional 100 acres of burned District land should be reseeded by the CDF aerial reseeding program. This would be mainly directed to those areas of deeper soils and less chaparral, although aerial seeding makes these areas harder to determine and some hand seeding may be required. The straw mulching of the 51 acres should be carried out under the Water District program with volunteers and the entire 150 acre reseeding done by CDF. The seeding plan proposed by the Santa Clara Valley Water District calls for a mixture of 21 pounds of "Blando" brome and "Hykon" rose clover, and one and one-half tons of straw mulch per acre. This blend and ratio would cost the District $10, 425 as is stated in the Water District letter for the 150 acres and is referred to by the Soil Conservation District as the "homeowner mix" due to the clover content and the high fire retardant and soil retention value. The cost is very high considering that only 150 acres would be reseeded. Most private property owners in the burn area are receiving this work free of charge. This ground reseeding and straw mulch dispersal program will be carried out mainly by volunteers and other county work programs. The reseeding method to be utilized by CDF was described by the Soil Conservation District to be more of a "minimal effort, yet still responsible" . CDF will be reseeding up to one million acres of scorched land in California by their method over the next several months. The full 240 acres burned would be reseeded by "fly broadcasting" annual rye grass at a ratio of 9 pounds minimum per acre and would cost $8 to $12 per acre, which includes both seed and airdrop costs. Using the high of $12 per acre, the total cost for aerial seeding 150 acres would be approximately $1800. Funding for this reseeding program is being provided by the Santa Clara Valley Water District (25%) , the Soil Conservation Service (50%) , and C.D.F. (25%) . The CDF has completed all their ground restoration and erosion control work in regrading certain firebreak M-85-138 Page three areas, but most of the District lands were not included in this work, and District staff, volunteers, or contractors will have to complete these tasks. The County and Water District will be absorbing the main financial burden for the reseeding program and have urged the District to contribute what we can. District funding to aid the project could be utilized from the Site Preparation expense account in the Open Space Management budget without jeopardizing other projects. Recommendation: I recommend that you authorize staff to enter into an agreement with the Santa Clara Valley Water District as the clearinghouse for the Lexington Fire Damage Assistance program to pay $5625 to aid the restoration of District lands with the assistance of the California Department of Forestry, the Soil Conservation Service, and others by straw mulching of 51 acres and aerial re- seeding of 150 District acres near Mt. Umunhum that were burned or bulldozed in the recent Lexington fire. DISTRICT BOARD OF DIRECTORS Santa Clara Valley Water District JOE PANDIT-DISTRICT 1 PATRICK T.FERRARO-DISTRICT 2 ROBERT W.GROSS-DISTRICT 3 JOE DONOHUE,CHAIRMAN-DISTRICT 4 JAMES J.LENI HAN-DISTRICT 5 AUDREY H.FISHER,VICE CHAIRMAN-AT LARGE 5750 ALMADEN EXPRESSWAY SIG SANCHEZ-AT LARGE SAN JOSE, CALIFORNIA 95118 TELEPHONE (408) 265-2600 SUSAN A.PINO CLERK OF THE BOARD (408)265-2600 August 23, 1985 Ernestine Henshaw, Chairperson Mid-Peninsula Regional Open Space District Los Altos, CA 94022 Dear Ms. Henshaw: As discussed with Mr. Woods and Mr. Boland of your staff, the Soil Conservation Service (Tom Carlsen, District Conservationist, Santa Clara County) has identified the 240 acres owned by the Mid-Peninsula Regional Open Space District, Assessors Parcels #562-09-24 and #562-09-45, as requiring supplemental seeding. The Soil Conservation Service is recommending that the 240 acres, which was seriously damaged due to the heavy burn and fire fighting efforts, be treated with an increased seeding effort of 21 pounds per acre of "Blando" Brome and "Hykon" Rose Clover, and straw mulch. The cost of materials for this level of effort is $32.00 per acre for the seed mixture and $75.00 per acre for straw (1-1/2 tons per acre). The estimated cost of materials to be used along the firebreaks and the ridge line of these two parcels is as follows: ($32.00/acre seed mixture) x (150 acres) = $ 4,800.00 ($75.00/acre straw mulch) x (75 acres) = $ 5 625.00 Total Expenditure = $10,425.00 The District would like to invite the Mid-Peninsula Regional Open Space District to contribute $10,000.00 towards the supplemental reseeding program. This amount would be added to the $114,000.00 contributed to date by the Santa Clara Valley Water District, Santa Clara County Board of Supervisors, Santa Cruz County Board of Supervisors, Soquel Creek Water District, and the San Jose Water Company. It appears that this fund will be inadequate to furnish all of the materials required to reseed the 4,000 acres which the Soil Conservation Service has identified for supplemental seeding. So your contribution would be especially beneficial to all of us with a vested interest. AN AFFIRMATIVE ACTION EMPLOYER Ernestine Henshaw 2 August 23, 1985 Please note that any funds not expended would be returned as appropriate. Thank you in advance for your continued cooperation. Si"rell y Joe Donohue, Chairperson Board of Directors cc: Mr. David Hansen Mid-Peninsula Regional Open Space District Evergreen Resource Conservation District Loma Prieta Resource Conservation District Mr. Dave Billingsley -Loma Prieta Homeowners Association Santa Cruz Resource Conservation District ` 1'q Form Approved OMB No. 3067-0027 FEDERAL EMERGENCY MANAGEMENT AGENCY 3. DECLARATION NO. DAMAGE SURVEY REPORT SS T S FEMA -739 © � DISASTER RESPONSE AND RECOVERY 4. INSPECT ON DAT _ (See instructions on reverse) 8. f 2 8 S 1. TO=# REGION FEDERAL EMERGENCY MANAGEMENT AGENCY 5. WORK A COMPL SHED BY XONTRACT 2. APPLICANT(State Agency,County,City,etc.) 1 PA NO. ❑ FORCE ACCOUNT F ttk -Zn- I IL6PFN10� 55- 91Ode 7. W RK CATEGORY("X"Applicable Box) PI�GL� IS 1 DSR NO. 1::*1 NA L. 6. PERCENTAGE OF WORK EMERGENCY ❑ AXB I 94252 COMPLETED TO DATE ❑ PERMANENT ❑ C ❑ D ❑ E ❑ F ❑ G ❑H ❑ 8. DAMAGED FACILITIES(Locati npVentificationanddescription 8A. FACILITY IN OR AFFECTS /�PPL-I C-M KIL 15 CANS 3OO { G2G5 �U�Zt�1 t=D FLOOD PLAIN OR WET LANDS 1 N LEX LN G-4 TON T3(-}". ❑ YES I NO 9. DESCRIPTION OF DAMAGE r ` DF-NW06.0 Soli,.. SU3J EGT To -F_2-031aN --Du1R-4NG -P,,91N �f 5 EA5oN. 10. SCOPE OF PROPOSED WORK 51E EDINIG1 OF Cizi t c Gfi k- AR.�AS. 30o l�crzc.5. P..AC(Nn,, OF WATER AT SEkEC.TrD kjCY,-aTi0N5 Tz3 Co6v7- t ER.o5►aN oN T He r1R-C 5UPPRj-=551aN C2,EWS 11. ESTIMATED COST OF PROPOSED WORK QUANTITY UNIT MATERIAL AND/OR DESCRIPTION UNIT PRICE COST(dollars) (a) (b) — (c) (d) (e) ��D 1 N afz' 1DON E. GC W SF r- V 19 1-10 ki P . (OF �T'rZ WATF-R- 1ES ARS - E.FF-2 o TTI G lMEllT 1 ZOc 1Cz3_ �c(Ylo�G_ `o �aCD C;) O e .E-m A o 12. EXISTING INSURANCE(Type) I AMOUNT N O Nl F I $ �r� TOTAL W# $ 13. REC ND ION FEDERAL INSP CTOR (Signature,Agency,date) b ELIGIBLE ATTACHMENTS _ s r' E .AA.A. 00 - U S ❑YES❑NO 14. UR E IN REPORT BY S ATE INSPECTOR (Signature,Agency,date) o CONCUR ATTACHMENTS _ _ _ �tL -------- -- _ C�___� �❑YES❑ NO 15. CONCURRENCE IN REPORT BY LOCAL REPRESENTATIVE (Signature,Agency,date) CONCUR ATTACHMENTS ©YES❑NO 16. FEDERAL REVIEW(Signature,Agenc ,date !I FEMA REVIEW(Initials and date) I FEMA Form 90-52,JAN 81(Formerly HUD Form 484) DAMAGE SURVEY CONT'',,UATION SFiE=T Applicant vI�j_3zlL�" Date Sheet 8 l� g� M1D- � IN,-SvLQ G--totV '_M SPAGy FEMA A. NO. work Co tegory: Emergency Per_aneRl Su 739'D OSS^ !O D OA ®B ❑C ❑D ❑E FjF OG []H DI OSR NO.5- PP• 2�0. 94-Z Z Sketches -and/or N7arrative O J 3 o � I I ► IJArF�R. 13�tr� (�N>;2G`f 1�►551PATotz> € �o>Z 'E2y�oGF D�yE2stotil II i I � I 2L to 0.x T H" zo CA, IL 24. ij -V.'00" Or- ERR : X1 1 \ - . j"- L . " j 5, ZZ NZ Mt Umunl Lz-i 1� IN OWN Private NE-3-- 3su t /V r !v% wo e ol: •FO -7er Clifford Fam—ner Bar 1-78 acres) (120 acr A ;-- -- ------0; PL H I ZN R 6. I r-:CSD you.%-taxy- ..re- R Y-eZ, r. (L[ i 1• i Y N A[I} A A A Ar A[rJAwY Ya}�a}A e7'}r1 Obi 11�7 � JNu}� . p.7�p]�O_�1 r • p•7 Y 11 A i A N /l Cr AAA Yea 9 71tl aY r a'J tl p a f •�•-[ i • R i D[.aaq s i y�eA Aat�e�X I1 '� '•��• \��'\.` ~ `� r��` _ � '- ,, ��Ci_ ✓ ��y, •D •�� -•mil/N_y•J. wv II • _ 03 lz arr -.', r--;��'-.-�'---�__�J;• -�� _ tom.,•il - _J.`"`i- � - ..�,:,��,`�•_ rr� _�(n�/ "M i.j�.� .p •(_iR725(on "s. .�� �_�. __'\ `�•i --`ti /.r` '- .. .r. . -• _ � ``I�r���`/-, `_`1 ^ti- �� 1 _�. ♦ J •f1'S a.', l 1e r,p .'•:i"1' r- _ /' � �i'`1' j � .- 733_:i c� :(�•, \�� �-�:��..� e [.^\_/` •>;L 1 C, '/� :1',�;`1 /� �' �� ice..-.�1'-. �'``__.� I- �'1 t l _- /' } r•`"`�l)�'�%��\`1n\j�\,� i / � •i• _ {{-. NZ 1 Open Space Kennedy Road _ :✓,-, ;),r /)�; , �,1 �,�� !i ���' './` ,♦-i;7�f :if" Easement Area _ •� ,, �. ,i " �� :Lb4I '� '/'; Pt//r� �'� �\'♦: � `�-.�• j••' .. 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PI � ��.�%-••..1[I:.LGrOY RIS 'CUwJ.:•:i(•` 1_E � ,� .� nttN ',,,/ `.. rr.arrwAfC 4•Cw Ifc Arta - _ 1. - j, .�:> �r r,{I,,, ^/.• , C 92 SAN Vj SAN MATED 1jtlltt t /` FRANCISCO f BELMONT State Wildlife / Refuge BAY MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CRYSTAL SPRINGS RESERVOIR SAN CARLOS 101 e+ry, SAN MATEO EDGEwoo BAYLANDS REDWOOD CITY % San Francisco Edgod F< EAST ewo Watershed Lands park 'p, FqPALO ALTO•--� --___--- l l �o ATHERTON WHITTEMOflE Pilo o GULCH etc 1�0� PALO ALTO Uaylands Hudd rt ors gP JPr P Y�MENLO ° Shore me '4goPARK F o Par tSTEVENS CREEK WOODSIDE yn NATURE STUDY AREA 7 CREEK i0. SFgq, -J w Sunny,prgOSePark Z Wundertich (1 �-� Park 9 MOUNTAIN _ PORTOLA `r�� VIEW $qr VALLEY �Yo ORNEWOO O ALTOS HILLS sYr ' r a LOS INOY HILL ALTOS i F r.wosD Re Foothills Dnav ` Park +'Oy,` SUNNI'VALE� A/ OOY Po. 280 85 A COAL \• FOOTHILLS { OUVENECK ANCHO N o XAEEN: �. [ WINOMIL NTONIO MT.MELYILLE AREA \ _ PASTURE . - 5T P K sr, tZLOS GRIST c TRANCO Y REY ncho San z UPERTINO RUSSIAM RIDGE MONTE BELLO Antonio Park Sam McDonald „ ' PAGE MILL RD. may Park AREA �' o Y y c MOgTE W SKYLINE .. c0 < -RCISPECT - uvE 8 RIDGE Skyline Park + PICCHET _ a RANCH FREMONTt �� San Mateo GAAATO > Ftevens-Cree OLDER Memorial Park Pescadero Creek �' GA Park Park LONE GAP y 0a RID JE co z Portola —__ tkss HGS Pp SARATOGA Park — JCOS MOAN Vasona Lake WAY Park _ Castle Rock Villa Montalvo e Park Arboretum o Sanbkrn �,EL SERENO y" a o-F ,t RO ---------_—__--- LOS GATOS a KENNEOY y A AREA BRIGGS t l CREEK > KILN ERE Big Basin RESERVOI A J Park - & 2F MAN2ANI AI MT UMUNHUM NORTH a \ AREA SCALE IN MILES 17 THAY R A 1 0 1 2 3 4 5 �- a Cbro\kAeg Wdw DWd(� memorandum FC 14 (10-02.84) TO.: Dan Kriege FROM: Jim Cooper, Mike Hamer SUBJECT: Lexington Watershed Erosion Control - DATE: August 5, 1985 Fire Damage Assistance Program OBJECTIVE: To minimize erosion and landslides in the burn area which will affect life and property and to minimize siltation of Lexington and Ellsman Reservoirs. There will be four types of programs the District will work with in order to reduce damage to property. A. Private Property Assistance Program The Santa Clara Valley Water District will act as a clearinghouse to provide information on what work/funding will be provided by each agency. How needed work will be identified, evaluated, authorized, and funded will be as indicated below. Step 1. Property owner contacts District clearinghouse. a) program explained b) property owner referred to appropriate agency (this will be the S.C.S. in most cases) Step 2. S.C.S. meets with property owner and conducts on-site evaluation. Step 3. S.C.S. develops a conservation plan. Step 4. District furnishes materials required (seed, mulch, etc. as identified by S.C.S. in the conservation plan) Step 5. Property owner takes delivery of materials. Step 6. Property owner and/or labor assistance group installs. Step 7. S.C.S. inspects project. There is about 1000 acres of the burn area which has been identified as needing special help. These are the extremely steep erosive slopes and the fire break trails. Special seed mixes and erosion control methods are contemplated for these areas. It is recommended that the District and County fund and/or cost share the seed and materials required. It is anticipated that the County could also provide the extensive labor required to seed the areas through County work programs. Dan Kriege -2- August 5, 1985 B. Aerial Seeding Program This program provides for quick seeding of the majority of the burn area using aerial application methods. C.D.F. administers the program and provides 25% of the funding, S.C.S. contributes 50% of the funding, and the District is the necessary local sponsor and will contribute the remaining 25% of the funding, hopefully in cooperation with San Jose Water Company. C. Aerial Photography and Geology Study Program The County and District will fund the cost of obtaining stereo photography, ortho negatives, and 1 . to 500 ortho maps and to conduct a geology study of the soils to evaluate landslide potential. D. Emergency Watershed Silt Entrapment The Santa Clara Valley Water District will sponsor, and/or co- sponsor with San Jose Water Works, major silt entrapment projects and apply for funding through the Soil Conservation Service emergency watershed protection program. Step 1. S.C.S.-District conduct watershed damage assessment survey. Step 2. Potential site located. Step 3. District and/or S.J.W.W. sponsors request for aid under emergency watershed protection program. Step 4. S.C.S. office in Davis reviews request. Step 5. Project is approved or denied by S.C.S. Step 6. If approved,District and/or S.C.S. designs project. Step 7. Project is constructed. Note that the District and S.C.S. have constructed many emergency watershed protection projects in the past and have developed a good working relation- ship. We assume that S.C.S. will be able to very rapidly approve or deny funding for these projects in order to allow time for construction. An estimate of District funding required for these programs is as follows: Program A. Private Property Assistance Program - $50,000. (Santa Clara County will also contribute an additional $50,000) Program B. Aerial Seeding Proaram - $25,000 maximum. (The District will attempt to obtain contributions from San Jose Water Company . 4 Dan Kriege -3- August 5, 1985 r" Program C. Aerial Photography and Geology Study Program - $20,000. (The District and County will share this cost up to $20,000 each) Program D. Emergency Watershed Silt Entrapment. (A full evaluation of the extent of this program has not been made at this time; therefore, an estimate of the funding requirements has not been made. The District's cost could be $40,000 to $60,000) Program Support Funds - $30,000. F (District labor to support the above programs in operating the clearinghouse, acquisition and distribution of materials, and supporting Federally and State funded programs) Total District funds to be committed at this time would be about $125,000. (S.J.W.W. and Santa Clara County may contribute in some of these areas and thereby decrease the District's portion.) Personnel requirements to implement the programs are listed below. Program Co-ordinator - Jim Cooper District Clearinghouse - Mike Hamer, Teddy Morse Acquisition/Purchasing - Don Mumm, warehouseman/maintenance worker Engineering Support - Jeff Micko, Jenny Scanlon Surveying Support - Gary Faler Inspection - (project dependent) )nior Civil Engineer rations Division I it M-85-139 (Meeting 85-24 Sept. 11 , 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 6 , 1985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Open Space Planner; M. Gundert, Associate Open Space Planner SUBJECT : Willingness by Midpeninsula Regional Open Space District to Accept the Management of the Leslie Dike South of the Dumbarton Bridge Introduction: As a mitigation element in an application to the Bay Conservation and Development Commission (BCDC) by the Leslie Salt Company to repair and expand the company 's wharf in Redwood City, the District has been offered the opportunity, through the Peninsula Open Space Trust, to manage and provide public access on a 1400 lineal foot section of dike southerly of the western end of the Dumbarton Bridge (see attached map) . Title to this section would be transferred to the District if we are willing to assume the management responsibilities . The section of Leslie levee adjoins a section which the District currently manages and would not substantially increase our responsibilities in this area. BCDC originally indicated that public access should occur imme- diately following the transaction but are now willing to show some flexibility in delaying this requirement due to the dredging requirements of Leslie Salt and the drying period of the spoils , which preclude any immediate access on these levees. Time is also needed in clarifying Leslie ' s role in aiding the regrading of the levee trail and other main- tenance requirements . Discussion: Open Space Management completed a thorough analysis of manage- ment concerns and costs related to the District ' s assuming stewardship of the levee. In doing this , staff has 1) toured the U.S. Fish and Wildlife Services (USFW) levees at Alviso where the USFW Service has maintenance agreements with Leslie Salt, and 2) met with Ben Krabbi , a USFW employee directly involved in the levee management. Generally, the relationship between USFW and Leslie Salt in regard to the levee maintenance program is very positive. There is apparently a good line of communication, including frequent meetings to avoid potential problems . It is Leslie 's practice to provide a maintenance schedule to USFW each year which clearly defines when, where , and how the work will be occurring. As we know, Leslie periodically dredges their ponds and stacks the mud on the levees. Under normal conditions , this is done every ten years and makes the levees unsafe for recreational use for the two years following the dredging. The reason for dredging is to raise the levees which are continually sinking and spreading into the ponds . The reason "normal conditions" are mentioned is that not all levees sink at the same rate or dry out in the same length of time. Therefore, some are closed more M-85-139 Page two frequently and for longer or shorter periods of time. In other words , a levee having coarser material , which evidently is characteristic of the subject levee , may :Stay relatively stable for ten years , whereas other levees with softer material , like those near Alviso, may require more frequent dredging. The drying time is also dependent on the material and the weather patterns . If the levees have coarser material and the win- ters that follow the dredging are light, the drying rate will be optimum, which is approximately two years . When the levees are drying, they present a liability problem because they tend to dry extremely rough on the surface and remain wet and soft underneath. Until a trail is blazed or graded smooth , it is quite easy to twist or even break an ankle. In addition, in the first season after dredging, the dry surface can be misleading, and visitors could easily sink waist high in sludge (based on personal staff experience! ) . USFW and Leslie Salt have conducted an experimental project whereby they attempted to place dredging on only half of the trail in an effort to keep the other half open to the public. Unfortunately, this approach failed as the mud tends to spread out over the entire levee, making it impassable. USFW closes the affected levees by signing and rerouting trail users to alternative levees . They do not fence and gate the closed areas because they feel the roughness of the trail and the signs adequately discourage the visitors. In their case, they are fortunate to have , in most cases , parallel alternative routes which enable visitors to still have a satis- factory experience. Our case is somewhat different in that during closure of the subject levee, past use patterns would be difficult to change because there are no alternative routes nearby. This means , at the time of closure , we would be faced with constructing a substantial fence and gate to show we are responsibly protecting the public from a known hazard. We venture to guess that if this route becomes as popular as it should, we will have a maintenance problem on the fence the first few months following closure. After the levee trails have dried, Leslie Salt, at their cost, will grade the levee surface smooth and maintain it until the next dredging. Their ongoing maintenance usually involves periodic field inspections and repair to intake gates and levee banks. occasionally, the levee banks which are subject to wave action erode away in places, forming bays which have to be filled in with rip-rap. Normally, Leslie does not provide any surface material, and, as a result, the levees can become heavily rutted from their vehicle use in the winter time. They are receptive to applying gravel surfaces at the time they do the grading if 1) the owning agency will fund the additional work and 2) the levee is suitable for this application. The latter refers to the fact that they do not allow the use of gravel on quickly submerging levees because there is the tendency for it to form an underground acquifer, thereby permitting leakage from the ponds . USFW has been successful in improving some levee surfaces by helping to fund the Leslie maintenance program. The only other maintenance attention the trail may require is occasional mowing along the edges. It normally takes a few years after the dredging for vegetation to establish. The vehicle and trail use will keep vege- tation off the center of the levee, but it may be desirable to trim the edges if unwanted weedy .species get established. M-85-139 Page three There are two additional management concerns that are more specifically related to this levee. The first is the potential for inviting public trespass onto lands of the City and County of San Francisco and other lands of Leslie Salt. To prevent this , it would require construction of a fence and gate at the terminus of the public trail. The second con- cern is a bit more difficult to resolve as it relates to the conflicts that exist between hunting/shooting club and trail use. The adjacent property to the south houses a gun club which undoubtedly directs its fire towards unoccupied areas of the Bay. There is a possibility that its present location dictates that line of fire , since other directions are occupied by our ex-salt pond, subdivison and transportation corridors . It may be necessary to reach an agreement with the club prior to opening of the trail . In respect to the issue of patrol , we would expect that the popularity of this area in combination with the fishing pier would require a significant presence either by District and/or USFW staff. It is suggested that the levee itself be patrolled at least once a day on weekdays and up to three times a day on weekends and holidays when it is open. Cost estimates : Initial fencing and gating at $1500 Initial Cost the south end Initial fending and gating at 1500 Once Every Ten Years the north end (not required until dredged) Gravel surfacing - contri- 2000 Once Every Five Years bution to Leslie Salt (approximately every 5 years) Signs - private property, 1000 Initial Cost regulations and interpretation Ongoing maintenance of signs , 1000 Annually fences , gates , and vegetation $7000 The sum of $1500 was budgeted in the structures and improvements account of the Open Space Management budget to complete gating, fencing, and signing of the northernmost section of the levee adjacent to the westerly end of the Dumbarton Bridge. Staff will work with Leslie Salt to ascertain the timing of levee grading, funding for other public access and control elements outlined above and with the USFW to dovetail patrol of the levee and with any patrol they may be planning for the Dumbarton fishing pier, or to see if they are willing routinely to patrol the entire area for the District. Recommendation: I recommend that you review and discuss the management implications outlined in this report and authorize the General Manager to indicate your willingness to the Peninsula Open Space Trust, Leslie Salt Company, and BCDC to accept management of the Leslie Salt portion of the levee as outlined in this report. We would return to you for approval of specific Use and Management Plan recommendations at the time of formal title acceptance by the District. y- 71•�I_ililll..�ill1111111 ii1111111_'ill 111 llllllllllllllllitll lllll•Ir/ �'54��j/ \- - � � • 11•1 l r \\\ SECTION OF LEVEE CURRENTLY \\\ M/^J:AGED BY DISTRICT Q o / Substa;> ';�';% �: y '� ;�`�- Salt ;r•: : % SECTION OF LEVEE PROPOSED �slif FOR MANAGEMENT BY DISTRICT salt MANAGEMENT IT " f 'fad•i.t EVAPORATORS 00 Leslie A' � 1111 t_I�t 11� j, Salt \\ �j/ / City & Co. of San Francisco 1 a fit: & Co. ofcan Francis N. («.:may;.. State of �, / / // �i \\ ( % J" ;XIn California j f ` b i j _.1ty s Co. i San Fraxisc I .. PL•'dp•.ninslQa Tonal f —��� _ - �•r/ \\ Open Space District # ;s State ., r 1 i r.: { ` •• ••� Cal iforr._a i F {'r, 4a \ \ - ` Proposed hike Trail p\\ f •: r 5!r I {r lucky y� \ t. Acres 00 I-CHY i __ CITY ari +do• •' �\\ t '•. 1Q y1 ' . r �, totkon• Green a 'Kava ug w e @ , : X �':•� :� �:• C City of ;4�•• '.� k k •� k �a;.., , 773 ast 0!1::::::;:: : ::;:: ....-..: .`. �T C" ^-•y—,•.., .. ..... ... ..... PROPOSED DEVELOPPIEN`T' -' Proposed Recreational CF THE BAYFRONT TRAIL �, Scale 1" = 8 0 0 ' North, ____Trail Rout __" M-85-134 (Meeting 85-24 Sept. 11, 1985) oe MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 5 , 1985 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Scheduling of Special Meeting With San Mateo County Board of Supervisors and Discussion of Agenda Items Introduction: On May 21, 1985 you hosted a joint meeting with the San Mateo County Board of Supervisors (see memorandum M-85-73 of may 2 , 1985) for a tour of District lands in San Mateo County and informal discussions. No action was taken, but there was informal discussion about a follow-up meeting. The Supervisors , through Chairperson Spier, have since invited you to participate in a second meeting at 7 :30 P.M. on Septem- ber 18 , 1985 in Room 101 of the County Government Center (a date that had previously been checked out with you as being available) . I have met with David Christy, the County Parks Director, to discuss potential agenda topics , and President Henshaw and Director Turner subsequently met with Ms . Spier. The attached suggested agenda is a result of those meetings . President Henshaw passed on a number of ideas to me that arose from her meeting. For example, *Round table format with Boards mixed *MROSD presentation short May include slides of latest MROSD acquisitions in San Mateo County MROSD fact sheet would be helpful Questions , answers and dialog mainly between Boards with staff as information resource Use of easel for recording brainstorming session 'Meeting over by 10 P.M. 'Board of Supervisors usual format for public input *The Board of Supervisors has invited the County Parks and Recreation and Planning Commissions to attend the meeting. Recommendation: I recommend that you schedule a Special Meeting with the San Mateo County Board of Supervisors at 7 : 30 P.M. on September 18 , 1985 in Room 101 , San Mateo County Government Center. I further recommend that you adopt the Suggested Agenda, modified as you desire, and authorize President Henshaw, with the help of staff, to transmit it as your Suggested Agenda to Chairperson Spier and the San Mateo County Board of Supervisors . M-85-134 Page two SUGGESTED AGENDA TITLE : Ccoperative Opportunities Between Midpeninsula Regional Open Space District and San Mateo County I. Introductions II. District ' s Program and Activities A. Presentation by District (T. Henshaw and H. Grench) B. Boards ' Questions, Answers and Dialog Between Boards III. Specific Cooperative Possibilities to be Suggested by District (H. Grench) A. District management of the portion of Huddart Park west of Skyline and adjacent to Purisima Creek Open Space Preserve B. District patrol of Skyline corridor portion of Huddart Park east of Skyline C. County help with patrol of Hassler IV. Other Specific Possibilities to be Suggested by County (D. Christy) V. General Brainstorming on Other Cooperative Possibilities (Boards) VI. Public Comment R-85-49 (Meeting 85-24 N6 OF September 11 , 1925) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT September 5 , 1985 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton , Land Acquisition Manager SUBJECT: Approval of Monte Bello Open Space Preserve Communications Sublease by Gill Industries Introduction: Under the terms of the current antenna lease with the District, Gill Industries has approached the District with an additional sublease proposal. The previous sublease proposal was approved on February 13 , 1985 (see report R-85-07 of February 4 , 1985) . In accord- ance with the "Policies for Black Mountain Communications Facilities" adopted at your December 8 , 1982 meeting (see memorandum M-82-27 dated November 19, 1982) , changes in existing facilities are to be considered on a case by case basis . Discussion: If approved by the Board, the sublessee (Westinghouse Broad- cast and Cable Company, Inc. , KPIX) would install two new microwave antennae on the existing Gill Industries tower which would replace two existing antennae of approximately the same size. No new satellite dishes would be added to the site, nor would any new supporting structures be installed. Open Space Management staff feels that the replacement antennae would not be an additional visual intrusion to the site. This sublease request appears reasonable both in light of its minimal intrusion on the Preserve and its financial return to the District. Under the terms of the sublease (called the "Lease Agreement") and the Consent to Sublease, both attached, all terms and conditions of the sub- lease are subject to those of the Master Lease between the District and Gill Industries. In the event that any of the terms and conditions of the sublease conflict with the provisions of the Master Lease, the Master Lease will prevail. The Consent to Sublease further stipulates that, for the privilege of being permitted to sublease, Gill Industries will be charged additional rent in the amount of 25% of the rent set forth in the Lease Agreement (Sublease) . The initial rent would be 25% of the $450 per month rent which would mean an increase in rent to the District of $112. 50 per month. This amount would be subject to the same annual increase as the Master Lease (a minimum of 7% per year) . The Master Lease was originally approved by you on May 11 , 1983 (see memorandum M-83-50 dated May 4 , 1983) and was for an initial term of five years with four, five-year options. R-85-49 Page 2 Future Approval Process: This sublease is considered to be of minor consequence to the Preserve and represents little or no visual intrusion on the surrounding lands of the District. The current policy does not allow for staff flexibility in approving minor lease alterations when proposed amendments or subleases to existing communication leases are contemplated. In order to keep future agendas clear of such minor matters , I am of the opinion that staff should be given additional authority, particularly in reference to the Black Mountain communication facilities . Included in the attached Resolution is an additional section which would allow the General Manager to approve and execute revisions , amendments, and subleases to existing leases when determined by staff to be of little or no consequence to surrounding District open space land holdings. Recommendations: I recommend that you adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Ground Communications Sublease Between Gill Industries and Westinghouse Broadcast and Cable Company, Inc. , KPIX and Authorizing the General Manager to Approve and Execute This and Future Lease Revisions, Amendments and Subleases of a Minor Nature as Determined by the General Manager (Monte Bello Open Space Preserve - Black Mountain) . RESOLUTION NO. 85-46 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE GROUND COMMUNICATIONS SUBLEASE BETWEEN GILL INDUSTRIES AND WESTINGHOUSE BROADCAST AND CABLE COMPANY, INC. , KPIX AND AUTHORIZING THE GENERAL MANAGER TO APPROVE AND EXECUTE THIS AND FUTURE LEASE REVISIONS, AMENDMENTS AND SUBLEASES OF A MINOR NATURE AS DETERMINED BY THE GENERAL MANAGER (MONTE BELLO OPEN SPACE PRESERVE - BLACK MOUNTAIN) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The District may, under the provisions of Section 5540 and 5563 of the Public Resources Code, lease property owned by the District for a period of up to twenty-five (25) years , and the Board of Directors reaffirms that the premises to be subleased for Communication Facilities are temporarily unnecessary for park and open space purposes and considers that a sublease of such premises for Communication Facilities is in the public interest, on the terms hereinafter set forth. Section Two. The Board of Directors of the Midpeninsula Regional Open Space District does hereby confer authority upon the General Manager of the District to approve the Sublease between Gill Industries (as Master Tenant) and Westinghouse Broadcast and Cable Company, Inc. , KPIX (as Sublessee) as memorialized in the Lease Agree- ment (Sublease) and Consent to Sublease, copies of which are attached hereto and by reference made a part hereof, and does hereby authorize the General Manager, or his designee, to execute said Consent to Sub- lease on behalf of the District. Section Three. The General Manager of the District, or his designee, shall have the authority on all future occasions, unless such authority is withdrawn by future action of the Board, to approve and execute all such minor lease revisions, amendments , and subleases for all Black Mountain communication leases . * * * * * * * * * * * * * * * CONSENT TO SUBLEASE THIS CONSENT TO SUBLEASE is made and entered into this llth day of September, 1985 , by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District") , and GILL INDUSTRIES, INC. , a Delaware corporation (hereinafter called "Tenant") . RECITALS WHEREAS, District and Tenant have previously entered into a Ground Lease for Communication Structures dated May 11 , 1983 (hereinafter referred to as "Master Lease") , concerning certain premises situated in the City of Palo Alto, County of Santa Clara, State of California (hereinafter referred to as "The Premises") ; and WHEREAS, Tenant, pursuant to Paragraph 16 of said Master Lease, wishes to sublet a portion of The Premises to Westinghouse Broadcast and Cable Company, Inc. , KPIX, a subsidiary of Group W (hereinafter called "Subtenant" ) ; and WHEREAS, Tenant has entered into a separate Lease Agreement (hereinafter called "Sublease") , as attached hereto as Exhibit "A" and by this reference made a part hereof , with Subtenant which is subject to the provisions of the Master Lease and is contingent upon District approval; and WHEREAS, Tenant covenants and pledges that alterations of The Premises as a result of the Sublease will be minor and unintrusive to the surrounding open space (see Exhibit "B" as attached hereto and made a part hereof) ; and WHEREAS, Tenant has agreed to pay additional monthly rent to District in consideration of District 's approval of said Sublease. NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for other good and valuable consideration, the parties hereto mutually agree and covenant as follows : 1. Additional Rent. Over and above the Fixed Minimum Rent set forth in Paragraph 3 of the Master Lease, Tenant will pay to District additional rent in an amount equal to twenty-five percent (25%) of the rents payable to Tenant under Paragraph 5 of the Sublease. For the month of September 1985, this amount shall be $71 .25 . Except for the month of September 1985, said additional rent will be due and payable on the first of each month in advance. Consent to Sublease, Gill Industries, Inc. Page 2 The preceding paragraph is intended to provide rent in addition to the Fixed Minimum Rent as set out in Paragraph 3 of the Master Lease and is not intended to amend Paragraph 3. (The Westinghouse Broad- case and Cable Company, Inc. , KPIX, a subsidiary of Group W sublease shall be a separate additional sublease to the previously existing agree- ment between Tenant and Home Box Office. ) 2 . Term. It is understood and agreed that the Sublease shall be coter- minous with the initial five-year period of the existing Master Lease which expires on March 31, 1988 . Future options granted to Subtenant will be reviewed and approved by District in accordance with Paragraphs 16 and 22 of the Master Lease. 3 . Waiver of Claims and Indemnification and Insurance. The requirements of Subtenant in Paragraph 23 and 24 of the Sublease shall also accrue to District. Subtenant shall name District as an additional insured under its general liability insurance policy and Tenant shall provide District with written evidence of said coverage on or before September 30 , 1985 . 4 . Priority of Master Lease. In the event that any of the terms and conditions of the Sub- lease conflict with the terms and conditions of the Master Lease, the provisions of the Master Lease shall prevail in all cases without excep- tion. Additional modifications and amendments of the Master Lease may be made through written agreement only when executed by the parties hereto. Except as hereby amended and modified, all other terms and condi- tions of the Master Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Consent to Sublease as of the date first above written. MIDPENINSULA REGIONAL OPEN SPACE TENANT: GILL INDUSTRIES , DISTRICT a Delaware Corporation APPROVED AND ACCEPTED: By Title General Manager Date ATTEST: By District Clerk Title Date Date LEASE AGREEMENT THIS AGREEMENT dated by and between GILL INDUSTRIES, 234 Gish Road, San Jose, CaliTo—rnia 95112 (hereinafter referred to as "GILL"), and WESTINGHOUSE BROADCAST AND CABLE COMPANY, INC., KPIX, 855 Battery Street, San Francisco, CA 94111, a subsidiary of Group W (hereinafter referred to as "WESTINGHOUSE"), is entered into with reference to the following facts: A. GILL provides cable television service in San Jose, Campbell and portions of the unincorporated part of Santa Clara County, California, by means of a cable television system. B. GILL owns a communications tower 75 feet in height (hereinafter referred to as the "Tower") and a radio equipment building (the "Building"), both of which are located near the peak of Black Mountain near San Jose, California, specifically with coordinates of the Tower being 370 191 0111 N. and 122* 0814711 W. C. The aforementioned GILL facilities are situated on land leased by GILL from the Midpeninsula Regional Open Space District (hereinafter referred to as the "District") in accordance with that certain agreement entitled, "Ground Lease for Communications Structures" dated May U, 1983 (hereinafter referred to as "Master Lease"), which is attached to this Lease Agreement marked Attachment "All and incorporated herein by reference. D. KPIX, a television station owned by WESTINGHOUSE, has need for microwave communications between Loma Prieta Mountain and San Francisco. E. WESTINGHOUSE desires to improve the performance of its communications by placing certain radio equipment at or within GILL's facilities, and GILL is willing to permit such use of its facilities, all in accordance with the terms, conditions and provisions set forth below. NOW, THEREFORE, in consideration of the premises and the mutual promises set forth below, and for other good and valuable consideration, the parties hereto agree as follows: GILL leases to WESTINGHOUSE and WESTINGHOUSE leases from GILL portions of the building and the Tower described hereinabove (hereinafter referred to as "leased premises") for the uses and on the terms and conditions set forth hereinafter. THE BUILDING 1. GILL leases to WESTINGHOUSE unrestricted non-exclusive access to the Building together with use of a thirty-two (32) cubic foot area therein having the following dimensions: two (2). foot by two (2) foot floor area with a height of eight (8) feet to accommodate a standard rack for equipment. Any and all use or uses of the space together with access thereto shall be subject to the terms, conditions and provisions contained in Attachment A regarding use or uses of the building and access thereto which are applicable to GILL. EXHIBIT 8585/S2/D1 Page 1 of—) 2. WESTINGHOUSE may install properly licensed radio equipment in the building, within the leased space, subject to the following conditions: A. The equipment installed shall be limited to that necessary to establish one (1) video and audio link between Loma Prieta and San Francisco, namely, a 13 GHz receiver, a 2 GHz transmitter and associated equipment. B. WESTINGHOUSE shall immediately discontinue the use of any radio or other equipment or combinations of radio or other equipment installed by WESTINGHOUSE which causes interference with the operations of GILL's or other occupant's reception and transmission equipment upon WESTINGHOUSE receiving notification by GILL of such interference and said equipment shall not be reactivated until such interference has been eliminated. C. WESTINGHOUSE may connect radio equipment either to commercial power exclusively or to that line which is backed up by GILL's emergency power generator. In the latter case, however, the total load connected shall be less than one (1) kilowatt. D. All installation and maintenance of equipment must be done in a neat and workmanlike manner and left in a condition such that no safety hazard is present to GILL, its agents or employees, or to any other person. THE TOWER 3. GILL leases to WESTINGHOUSE space on the Tower for mounting one (1) eight (8) foot antenna, directed at Loma Prieta and one (1) eight (8) foot antenna, directed at San Francisco. GILL will remove two (2) similar sized antennas so that the WESTINGHOUSE antennas may be installed in their place resulting in no change in the total number of installed antennas. 4. WESTINGHOUSE may install such antennas as required on the Tower subject to the following conditions: A. WESTINGHOUSE will comply with all of the terms, conditions, and provisions applicable to GILL regarding the Tower contained in Attachment A, including the requirement of approval from the District prior to the installation of any additional antennas. B. The antennas added by WESTINGHOUSE must cause no interference, either mechanically or electrically, with the presently existing antennas or the radio or other equipment of GILL, Home Box Office, Inc., Communication Systems and Electronics Company, or other occupants located within the building. C. All installation and maintenance of antennas must be done in a neat and workmanlike manner and left in a condition such that EXHIBIT A 8585/S2/Dl -2- page 2- of, no safety hazard is present to GILL, its agents or employees, or to any other person. RENT AND FEES 5. In consideration for the lease of space in GILL's building, on GILL's Tower and for the use of other improvements to and upon the premises leased by GILL pursuant to Attachment A, WESTINGHOUSE shall pay to GILL a monthly rental of Four Hundred Fifty Dollars ($450.00). Rent shall increase by seven percent (7%) over the preceding period on July 1 of each year. 6. All rents are payable to GILL INDUSTRIES at 234 Gish Road, San Jose, California 95112, or at such other place as GILL may specify. 7. WESTINGHOUSE shall separately file the required forms with the appropriate public agencies reporting personal property for taxation purposes and shall deliver copies of said forms to GILL for its records. Said forms filed by WESTINGHOUSE shall include all personal property owned by WESTINGHOUSE and located within or upon the leased premises. TERM 8. The term of this Lease Agreement shall commence as of July 1, 1985, and shall expire on March 31, 1988, unless terminated sooner or extended in accordance with the provisions contained in this Lease Agreement. The parties hereto acknowledge that this is not only a lease of a portion of a building, Tower and minimal personal property and equipment as set forth hereinabove, but is also a sublease of a portion of the Master Lease referred to herein as Attachment A and is controlled by Paragraph 16 of said Master Lease entitled, "Assignment and Subletting." In the event the underlying "Master Lease for Communications Structures" between GILL and the District (Attachment A) should terminate or otherwise cease to remain in effect, for any reason, then this Lease Agreement shall, at that time, become null and void. GENERAL PROVISIONS 9. USE. The leased premises may be used for purposes of installing, operating and maintaining the equipment and improvements set forth in Paragraphs 2 and 4 of this Lease Agreement for the transmission and reception of electromagnetic and other communications signals and for all lawful uses incidental thereto and for no other purpose without GILL's prior written consent. WESTINGHOUSE shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any statute, ordinance, rule, regulation or other statement of lawful governmental authority now in force or which may hereinafter be promulgated (collectively "regulations"), and shall at its own expense abide by and comply with any and all such regulations regulating the use of the leased improvements or premises. 10. COMPLIANCE WITH MASTER LEASE COVENANTS AND CONDITIONS. WESTINGHOUSE agrees to comply with all of the covenants contained in said Master Lease insofar as they pertain to the use of the leased premises by GILL as the tenant, namely, the following paragraphs of said Master Lease: 85 S2 85 / 1D1 -3 Page I t 9 1. Lease of Premises. 213. Term. 8. Use. 9. Access to Premises. 10. Maintenance and Repair. 1L Alterations. 12. Liens. 14. Waiver of Claims and Indemnification. 16. Assignment and Subletting. 17. Default. 18. Entry by District. 19. . Waiver. 20. Surrender of Premises. 21. Holding Over. 23. Notices. 24. Attorney's Fees. 25. GeneraL Some of the above paragraphs of the Master Lease have been modified by the terms of this Lease Agreement. In the event those modifications conflict with any of the above paragraphs of the Master Lease, the modifications as they appear in this Lease Agreement shall prevail. If the modifications are not in conflict with the above paragraphs of the Master Lease but rather add to, expand or restate the conditions or burdens imposed upon WESTINGHOUSE, both the paragraphs of the Master Lease and the modifications contained herein shall be applicable to WESTINGHOUSE. As long as WESTINGHOUSE is not in default of any provision of this Lease Agreement, GILL shall be obligated to perform all its obligations under the Master Lease, and during the term of this Lease Agreement WESTINGHOUSE shall have quiet enjoyment of the premises. 1L WAIVER OF CLAIMS AND INDEMNIFICATION. A. WESTINGHOUSE waives all claims against GILL for loss of business or for damage to property, including the improvements and any additions or alterations thereto and any equipment or machinery therein, or injury or death to persons occurring in, on, or about the premises, the improvements, or the license area EXHIBIT A 8585/S2/D1 -4- 4/ of (as defined in the Master Lease), from any cause arising at any time, except as may be caused by the negligence or wilful conduct of GILL. WESTINGHOUSE hereby indemnifies GILL and holds GILL exempt and harmless from and against any damage to property or injury or death to persons arising from the use by WESTINGHOUSE of the premises and improvements, or the license area, or from the failure of WESTINGHOUSE to keep the premises, the improvements, or the license area in good and safe condition as herein provided. GILL shall not be liable to WESTINGHOUSE for any damage, injury, or death arising out of the act or negligence of any owner, occupant, or user of any property adjacent to or in the vicinity of the leased premises and not leased by GILL from the District. WESTINGHOUSE shall pay for all damage to the leased premises and surrounding areas caused by its agents, licensees, invitees and contractors. B. In the event the District prematurely terminates the underlying Master Lease between District and GILL pursuant to Paragraph 2B thereof, WESTINGHOUSE waives any and all claims against GILL which it may at that time have or which may develop in the future for any loss of business, revenue or profit resulting from the premature termination of this Lease Agreement. 12. INSURANCE. A. WESTINGHOUSE, at its sole expense, shall obtain and keep in full force and effect during the term of this Lease Agreement a general liability insurance policy with an insurance company satisfactory to GILL, protecting GILL and WESTINGHOUSE against any and all liability arising from WESTINGHOUSE's use of the leased premises, the improvements, or the license area, or from any occurrence in, on, about, or related to the leased premises,;the improvements, or the license area with a single combined property damage and personal injury limit of One Million Dollars ($1,000,000.00). All such public liability insurance shall insure performance by WESTINGHOUSE of the indemnity provisions of Paragraph 11A hereof, and the policy shall contain a cross-liability endorsement. WESTINGHOUSE agrees to furnish a certificate of such insurance to GILL naming GILL as an additional insured on or prior to the commencement date, and again upon any renewal or modification of such insurance. The limits of said insurance shall in no event be deemed to limit the liability of WESTINGHOUSE hereunder. B. GILL shall have no obligation to insure against loss to WESTINGHOUSE's leasehold improvements, fixtures, machinery, equipment, or other personal property in or about the premises occurring from any cause whatsoever, and WESTINGHOUSE shall have no interest in the proceeds of any insurance carried by GILL. 13. ASSIGNMENT AND SUBLETTING. WESTINGHOUSE shall not assign this Lease Agreement or sublet the premises, or any interest therein. 14. DEFAULT. A. The occurrence of any of the following shall constitute a default by WESTINGHOUSE: (1) Failure to pay rent when due, provided the failure continues for more than ten (10) days after notice has been given to WESTINGHOUSE by GILL. 8585/S2/DI -5- EXHIBIT A S- of rase (2) Abandonment and vacation of the premises. (Failure to occupy and operate the premises for thirty (30) consecu- tive days shall be deemed an abandonment and vacation.) (3) Failure to perform any other provision of this Lease Agreement if the failure to perform if not cured within thirty (30) days after notice has been given to WESTINGHOUSE by GILL. If the default cannot reasonably be cured within thirty (30) days, WESTINGHOUSE shall not be in default of the lease if WESTINGHOUSE commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. B. Notices under this paragraph shall specify the alleged default and the applicable lease provisions and shall demand that WESTINGHOUSE perform the provisions of this Lease Agreement or pay the rent that is in arrears, as the case may be, within the applicable period of time, or quit the premises. No such notice shall be deemed a forfeiture or a termination of this Lease Agreement unless GILL so elects in the notice. C. GILL shall have the following remedies if WESTINGHOUSE commits a default. These remedies are not exclusive; they are cumulative in addition to any remedies now or later allowed by law. (1) GILL can continue this Lease Agreement in full force and effect, and the lease will continue in effect as long as GILL does not terminate WESTINGHOUSE's right to possession, and GILL shall have the right to collect rent when due. During the period WESTINGHOUSE is in default, GILL can enter the premises and relet them, or any part of them, to third parties for WESTINGHOUSE's account. WESTINGHOUSE shall be liable immediately to GILL for all costs GILL incurs in reletting the premises. Relettina can be for a period shorter or longer than the remaining term of this Lease Agreement. WESTINGHOUSE shall pay to GILL the rent due under this Lease Agreement on the dates the rent is due, less the rent GILL receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease Agreement unless GILL notifies WESTINGHOUSE that GILL elects to terminate this Lease Agreement. (2) GILL can terminate WESTINGHOUSE's right to possession of the premises at any time. No act by GILL other than giving notice to WESTINGHOUSE shall terminate this Lease Agreement. Acts of maintenance, efforts to relet the premises, or the appointment of a receiver on GILL's initiative to protect GILL's interest under this Lease Agreement shall not constitute a termination of WESTINGHOUSE's right to possession. On termination, GILL has the right to recover from WESTINGHOUSE: EXHIBIT A 8585/S2/Dl -6- Pase of (a) The worth, at the time of the award of the unpaid rent that had been earned at the time of termina- tion of this Lease Agreement; (b) The worth, at the time of the award of the amount by which the unpaid rent that would have been earned after the date of termination of this Lease Agreement until the time of award exceeds the amount of the loss of rent that WESTINGHOUSE proves could have been reasonably avoided; (c) The worth, at the time of the award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of the loss of rent that WESTINGHOUSE proves could have been reasonably avoided; and (d) Any other amount, and court costs, necessary to compensate GILL for all detriment proximately caused by WESTINGHOUSE's default. "The worth, at the time of the award," as used in (a) and (b) of this paragraph is to be computed by allowing interest at the rate of ten percent (10%) per annum. "The worth, at the time of the award," as referred to in (c) of this paragraph, is to be computed by discounting the amount at the diseount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (l%). (3) GILL, at any time after WESTINGHOUSE commits a default, may cure the default at WESTINGHOUSE's cost. If GILL at any time, by reason of WESTINGHOUSE's default, pays any sum or does any act that requires the payment of any sum, the sum paid by GILL shall be due immediately from WESTINGHOUSE to GILL at the time the sum is paid, and if paid at a later date shall bear interest at the rate of ten percent (10%) per annum from the date the sum is paid by GILL until GILL is reimbursed by WESTINGHOUSE. The sum, together with interest on it, shall be additional rent. (4) Rent not paid when due shall bear interest at the rate of ten percent (10%) per annum from the date due until paid. 15. WAIVER. The waiver by GILL of any breach of any term, covenant or condition herein-contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by GILL shall not be deemed to be a waiver of any preceding breach by WESTINGHOUSE of any term, covenant or condition of this Lease Agreement, other than the failure of WESTINGHOUSE to pay the particular rent so accepted. 16. SURRENDER OF PREMISES. EXHIBIT A 8585/S2/Dl -7- P3,9c '70f A. On expiration or within ten (10) days after termination of the term, WESTINGHOUSE shall surrender to GILL the premises and all WESTINGHOUSE's improvements and alterations and improvements in good condition, ordinary wear and tear excluded, except for alterations that WESTINGHOUSE has the right to remove or is obligated to remove under the provisions of this Lease Agreement. WESTINGHOUSE shall remove all of its radio equipment, antennas and all other personal property from the leased premises within the above-stated time. B. GILL can elect to retain or dispose of in any manner any alterations or WESTINGHOUSE's personal property that WESTINGHOUSE does not remove from the premises on expiration or termination of the term as allowed or required by this Lease Agreement by giving at least ten (10) days' notice to WESTINGHOUSE. Title to any such alterations or WESTINGHOUSE's personal property that GILL elects to retain or dispose of on expiration of the ten-day period shall vest in GILL. WESTINGHOUSE waives all claims against GILL for any damage to WESTINGHOUSE resulting from GILL's retention or disposition of any such alterations or WESTINGHOUSE's personal property. WESTINGHOUSE shall be liable to GILL for GILL's costs for storing, removing, and disposing of any alterations or WESTINGHOUSE's personal property. C. If WESTINGHOUSE fails to surrender the premises to GILL on expiration or ten (10) days after termination of the term as required by this paragraph, WESTINGHOUSE shall hold GILL harmless from all damages resulting from WESTINGHOUSE's failure to surrender the premises, including, without limitation, claims made by a succeeding tenant resulting from WESTINGHOUSE's failure to surrender the premises. 17. HOLDING OVER. Any holding over after the expiration of the term of this Lease Agreement, with the consent of GILL, shall be construed to be a month to month tenancy terminable on thirty (30) days notice given at any time by either party. All provisions of this Lease Agreement except those pertaining to term and option to extend shall apply to the month-to-month tenancy. 18. NOTICES. All notices, statements, demands, requests, approvals, or consents (collectively "notices") given hereunder by either party to the other shall be made in witing and shall be served personally or by first class mail, certified or return receipt requested, postage prepaid, and addressed to the parties as follows: GILL: GILL INDUSTRIES 234 Gish Road San Jose, CA 95112 WESTINGHOUSE: WESTINGHOUSE BROADCAST AND CABLE COMPANY, INC. KPIX 855 Battery Street San Francisco, CA 94111 or to such other address as either party may have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three (3) days after the date posted. EXHIBIT A - of I 8585/S2/DI -8- 19. ATTORNEY'S FEES. If any action at law or in equity shall be brought to recover any rent under this Lease Agreement, or for or on account of any breach of or to enforce or interpret any of the provisions of this Lease Agreement, or for the recovery of the possession of the premises, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees, the amount of which shall be fixed by the court and shall be made a part of any judgment rendered. 20. GENERAL. (a) This Lease Agreement contains all of the terms, covenants'and conditions agreed to by GILL and WESTINGHOUSE, and this Lease Agreement may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Lease Agreement or their respective successors in interest. (b) The covenants and conditions hereof shall inure to the benefit of and bind the heirs, successors, executors, administrators, sublessees, and assigns of the parties. (c) Whenever consent or approval of either party is required, that party shall not unreasonably withhold such consent or approval (d) If either party is a corporation, that party shall deliver to the other party on execution of this Lease Agreement a certified copy of a resolution of its board of directors authorizing the execution of this Lease Agreement and naming the officers that are authorized to execute this Lease Agreement on behalf of the corporation. a (e) Rent and all other sums payable under this Lease Agreement must be paid in lawful money of the United States of America. (f) All attachments to this Lease Agreement are incorporated herein by reference. (g) All provisions, whether eonvenants or conditions, on the part of WESTINGHOUSE shall be deemed to be both covenants and conditions. (h) The definitions contained in this Lease Agreement shall be used to interpret this Lease Agreement. (i) Whenever required by the context of this Lease Agreement, the singular shall include the plural. 0) The unenforeeability, invalidity, or illegality of any provision shall not rendere the other provisions unenforceable, invalid or illegal. (k) All persons who have signed this Lease Agreement shall be jointly and severally liable hereunder. (1) When the context of this Lease Agreement requires, the mascu- line gender includes the feminine, a corporation, or a partnership, and the singular number includes the plural. (m) The captions of this Lease Agreement are for convenience only and are not a part of this Lease Agreement and do not in any way limit or amplify the terms and provisions of this Lease Agreement. 8585/S2/Dl -9- EXHIBIT �..a `Pf /Low (n) This Lease Agreement shall be governed and construed in accordance with the laws of the State of California. (o) Time is of the essence as to all of the provisions of this Lease Agreement as to which time of performance is a factor. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the date first above written. GILL INDUSTRIES, INC., WESTINGHOUSE BROADCAST AND a Delaware corporation CABLE COMPANY, INC., a corporation By By . Title Title By By TitleTitle EXHIBIT A 8585/S2/Dl -10- Paje le) of STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) On this day of _, 1985, before me, the undersigned Notary Public, personally appeared f personally known to me proved to me on the basis of satisfactory evidence, to be the persons) who executed the within instrument as and or on behalf of GILL INDUSTRIES, a Delaware corporation, and acknowledged to me that GILL INDUSTRIES, a Delaware corporation, executed it. WITNESS my hand and official seal. Notary Public, State of California STATE OF CALIFORNIA ) ss. COUNTY OF _, ) On this day of 1985, before me, the undersigned Notary Public, personally appeared personally known to me proved to me on the basis of satisfactory evidence, to be the person(swho executed the within instrument as and or on behalf of WESTINGHOUSE BROADCAST AND CABLE COMPANY, INC., a corporation, and acknowledged to me that WESTINGHOUSE BROADCAST AND CABLE COMPANY, INC., a corporation, executed it. WITNESS my hand and official seal. Notary Public, State of California EXHIBIT A 8585/S2/D1 -11- Page of— I r BEING REPLACED BY TWO 8 FOOT ANTFINNAS OF SAP E DESIGN . BLACK I'110y:77AII7 SITE 8 ' Prodelin I 10 ' Andre,,.., I � 214-700 P10-122B ( Dual-Polarization Dual Polarization 6 ' Prodelin 6 ' Pro elin 213-700 213-740 Veri al Dual-P larization F I ( CD N 1-i r i N V I EXHIBIT � Page I of� I .1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: Sept. 6, 1985 — ' -- ------`~- | ~~~~^~ ~^`"^""~L= .~EProposed Darling Property Addition to La Ponda Crelk Open Space Preserve �"�v,=� "�r� SPACE DIST�ICT _ 69 acre parcel loc ated of La Honda oad and nbrth of the District's contiguous La Honda Creek pen Space Preserve for ,;a purchase price of $176,300. In addition, t e Board tentatively adopted the Interim Use It and Management Plan con ined in the staff report, named the property as an addition t thjellonda Creek Open Space Preserve, and indicated Jean H. Fiddcs District Clerk [ ' ' ' ` � � ^ � � � � � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 September 3 , 1985 Mr. Joe Donohue, Chairperson Board of Directors Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Dear Mr. Donohue : The Board of Directors of the Midpeninsula Regional Open Space District reviewed your letter of August 23 , 1985 under Written Communications at their August 28, 1985 Regular Meeting. The Board directed staff to place your request for a District contribution of $10 ,000 towards the reseeding of the District's 240 acres of land damaged in the Los Gatos fire on a future agenda for their consideration. We will inform you of the date and time this matter is to be con- sidered by the Board. Sincerely, Herbert Grench General Manager HG:ej , `cc: MROSD Board of Directors 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 We..=,c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 September 3, 1985 Mrs, Sandra Touchatt Portola Park Heights Property Owners Association P.O. Box 254 Redwood City, CA 94064 Dear Sandy : As you are aware , I was instructed by the Board last Wednesday night to respond formally to your April 24 letter regarding the use and governance of the Long Ridge Road and your re- quests regarding the issuance of a certificate of acceptance and the naming of the Portola Park Heights Property Owners Association as additional insureds on the District ' s insur- ance policies . The Board accepted as the District ' s position Mr. Norton ' s memorandum of August 8, 1985 detailing the legal status of the Long Ridge Road. As stated in the memorandum, "the District , both as a 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 "' . By accepting Mr. Norton ' s report on this matter, the District is also declining to issue you a Certificate of Insurance or add Portola Heights residents as additional insureds on the District ' s insurance policies since Mr. Norton feels there appears to be no special relation- ship between the parties that would justify the District in providing this additional protection. As Mr. Norton mentioned during the meeting, he is willing to discuss the question further with any qualified member of the Bar whom the Association or some of its members wishes to place in touch with him. Sincerely, Teena Henshaw President Board of Directors TH: jc Board of Directors 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 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 August 28, 1985 Mr. Verlyn Clausen Sempervirens Fund P.O. Box 1141 Los Altos, CA 94022 Dear Mr. Clausen: Congratulations on your appointment as Executive Director of Sempervirens Fund! We look forward to our contacts with you as the Open Space District and Sempervirens continue our cooperative efforts in the future. Sincerely, t. Herbert Grench General Manager HG: jc cc: MROSD Board of Directors 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 a 3 r.sz I z VERLYN CLAUSEN New Sempervirens chief Greening of the State Sempervirens,the coastal cous- in of the Sierra redwoods,has a new Sempervirens directors' table are champion: former Peat Marwick three other newcomers: Harry planning consultant and Lutheran Hind, 70, chairman of Barnes-Hind minister Verlyn Clausen. Clausen, Inc.; Geza C}yorey, 52, manager of 51, is executive director of Semper- business analysis for GE in San Jose; virens Fund,the Los Altos land con- and Isabel Sewell, 64, owner of servancy that has acquired and do- Lithotype Co. in South City. nated more than 4000 acres of red,,voods lands to Big Basin and Castle flock state parks in the Santa Cruz mountains. The most recent acquisition,completed last month:a 100-acre picnic area formerly owned by Hanson Concrete Prod• ucts of Milpitas. Tony Look, 67, who helped or. ganize Sempervirens Fund and has been its mainstay for the past 17 years, said he'll work directly on acquisitions, now that Clausen, ex. pastor of Cupertino's Bethe Church, will be ministering to th day-today f$1.4 million a yea needs of the fund's 12,000 members Joining Clausen at the 14-plac DI-85-131 (Meeting 85-24 September 11, 1985) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 4, 1985 TO: Board of Directors FROM: 11. Grench, General Manager SUBJECT: Introduction of New Executive Director of Sempervirens Fund I recently sent you a copy of my letter of congratulations to Mr. Clausen. Tony Look will introduce Mr. Clausen to you at a forthcoming meeting. Tony can also discuss his emphasis as Vice President and Director of Land Affairs on working with the District and with State and county Darks in the Santa Cruz Mountains. To: Members of the committee: Here is an alternative to the "Eminent Domain " section of version 2 down through section 2. I'd like to discuss it at the next Committee meeting and I solicit comments from anyone on this alternative. Harry Turner August 17, 1985 Categories of property types: I. Developed and occupied -subdividable - Category A -not subdividable - Category B 11. Undeveloped -subdividable -Category C -not SUbdividable- Category D Proposed Alternative: EMINENT DOMRIN (Exclusion of category B and policy for category fi): Eminent domain shall inu , ijc -.-- 'LiD acquire all or any part of improved property that is not dividable into two or more legal building sites. (N.B. This excludes trail easements.) (Exclusion of category M: Eminent domain shall not be used to acquire all or any part of an unimproved property that is not dividable into two or more legal building sites. In addition, the use of eminent domain shall not be considered except under the following conditions: 1. There is a request or consent by those Owning more than 50% of the fee interest in the property. 2. (Policy for Category Q: The property is unimproved and a subdivision application is filed (or was pending as; of May 1 , 1985) or a division of ownership is made, or an application for a building permit is filed; provided that unimproved properties shall he exempt from consideration of eminent domain if the division is into only two properties and is not done for speculation (during any ten year period, one division into two of a property held by members of the some family for more than five years is deemed not to be done for speculation); end oft propa3ed aj"erija**- L a MIDPENINSULA► REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: Sept. 11, 1985 Meeting 85-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUMMARY OF JUIA 10, 1985 SPECIAL BOARD MEETING— Proposed Darling Property Addition to La Honda Creek Open Space Preserve The Board adopted Resolution 85-35 approving the acquisition of this 69 acre parcel located west of La Honda Road and north of the District's contiguous La 11onda 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 11. Fiddes District Clerk 07 . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 10, 1985 TO: All Staff FROM: D. Hansen, Land Manager SUBJECTS: Hassler and Los Gatos Creek Park Openings The two abovementioned Preserves remain closed at this time. I know that there have been a considerable number of inquiries as to when they will be open. At the pre- sent time, the schedule is as follows: 1) 1LkSSLER - Sor-drager has completed contract work, but two underground tanks remain to be removed and the site reseeded. The current timetable is to complete this work by mid to late October, at which time the site will be open for those who can hike to the property from adjoining properties and limited outside parking spots. An information sheet will be forthcoming on how to gain access to the site at that time. Long range planning for site access and facf-lit-fes will commence around the end of this calendar year. 2) LOS GATOS CREEK PARK - We are still awaiting the results of County survey work to complete the fencing project between the Park and Novitiate. The current timetable is also mid to late October before the site is officially opened. Access will be from the Alma Bridge Road/Lexington Dam side, and long range planning for the site will commence with the Town of Los Gatos and others early next year. STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Govemor SAN FRANCISCO BAY CONSERV,QTION AND DEVELOPMENT COMMISSION 30 VAN NESS AVENUE SAN FRANCISCO, CALIFORNIA 94102.6080 PHONE: (415) 557.3686 September 10, 1985 Mr. Craig Britton Midpeninsula Regional Open Space District 375 Distel Circle, Suite D-1 Los Altos, CA 94022 SUBJECT: Possible Midpeninsula Regional Open Space District Acquisition of Leslie Salt Co. Bayfront Levee Southeast from the Dumbarton Bridge for Public Access, "CDC Permit No. 8-85 Dear Mr. Britton: The BCDC staff is pleased that the Midpeninsula Regional Open Space District Board of Directors will consider at its September 11, 1985, meeting the possible acquisition and management for public access of a Bayfront levee presently owned by the Leslie Salt Company, southeast of the Dumbarton Bridge. Given the District's strong track record in providing and maintaining public open space on the Peninsula, the District's operation of the levee for public access would be highly desirable. As you know, the Commission required Leslie to open and maintain the levee for public access as a condition of approval of BCDC Permit No. 8-85, issued on August 27, 1985, for the rehabilitation and expansion of Leslie's Redwood City shipping pier. A copy of the permit is attached for reference. At the time Leslie's application was considered by the Commission, Leslie Salt Co. told the Commission that the responsibilities for providing and maintaining the levee for public access use would ultimately be transferred to an appropriate public agency such as MPROSD. "pecial Condition 11-B-5 of the permit allows such a transfer of responsibilities. Leslie Salt Company, undoubtedly anticipates assigning the portions of the permit that address the establishment and maintenance of the public access on the levee to MPROSD. Acceptance of the assignment by the District would transfer the access responsibilities to the District, obligating the District to comply with the public access conditions in the permit. These conditions can be summarized as follows: 1 . Opening of Levee for Public Access Use. The entire approximately 1 ,400 foot length of the portion of the levee currently controlled by Leslie must be kmade available to the public for use free of charge, every day between sunrise and sunset, for passive ram- ; .I Mr. Craig Britton September 10, 1985 Page 2 recreational pursuits such as walking, viewing, and picnicking (See Special Conditions 11-B-1 and 11-B-6). The levee may be closed to the public during periods of levee maintenance. Recognizing that the preferred method of levee repair is to place dredge spoils on the levee, the permit allows the levee to be closed for periods of up to two years, to allow time for the dredge spoils to dry out. We understand that the levee was recently repaired in this manner. Therefore, the levee would not have to be opened initially until either (1 ) the spoils have dried and are graded or (2) within two years of the spoil being placed whichever is earlier; 2. Levee Path Maintenance. The levee must be maintained for easy pedestrian use by (1 ) grading the levee top after the dredge spoils placed for levee maintenance have dried, (2) eliminating ruts and potholes that may develop, and (3) mowing any groundcover that is allowed to take hold on the levee. No other improvements are required (See Special Condition 11-B-3) ; and 3. Closure Plan. Thirty days prior to closure of the levee For maintenance, the Commission must be notified of the closure and a closure plan must be submitted for approval. The plan should address how long the levee will likely be closed and how the levee will eventually be prepared for reopening (See Special Condition 11-B-4) . As noted above, we understand that recent levee maintenance will preclude opening the levee for sometime. If the District decides to accept the transfer for public access responsibilities, the BCDC staff would expect to receive a closure plan from the District within a reasonable period, addressing the current closure of the levee. You may notice that the permit requires that the permittees create a property right for the Dublic to use the levee by an appropriate legal instrument (See Special Condition 11-B-2). We would expect that the instrument by which Leslie Salt Co. dedicates the levee would satisfy this requirement. You may also notice that Special Condition 11-B-6 of the permit allows the Darty responsible for providing the access on the levee to impose reasonable rules and restrictions on public use of the levee provided that the rules are first approved by BCDC. Mr. Craig Britton September 10, 1985 Page 3 Special Condition 11-B-5, which addresses the transfer of the access responsibilities, requires that the transfer be approved first by BCDC. We understand that the Peninsula Open Space Trust will act as an intermediary between Leslie and the District. Our staff counsel has the following suggestion for the most appropriate way to handle this requirement. Because the Peninsula Open Space Trust will be accepting title to the property from Leslie first, POST should accept a partial assignment of the permit from Leslie. Then, the District should accept a partial assignment of the permit from POST when it acquires title to the property. We have a standard form which can be used for this purpose and when each entity prepares to take title to the property we will discuss the exact procedures to be followed with each entity's staff. Accepting the assignment obligates the accepting party each pary to comply with the permit requirements summarized above. If you have any questions, please don't hesitate to call me. Sincerely, ,2 ROBERT S. MERRILL Permit Analyst RSM/cz cc: Peninsula Open Space Trust, Attn: Robert Augsburger Leslie Salt Co., Attn: Ray Thingaard CLAIMS No. 85-19 Meeting 85-24 MTDPENINSULA REGIONAL OPEN SPACE DISTRICT Date=September 1 1 ,198,' C L A I M S # Amount Name Description 8694 522.97 Ervin Alves Union Oil Jobber Fuel for District Vehicles 8695 454.39 AT&T Information Systems Telephone Equipment 8696 101 .44 AmeriGas Safety Equipment 8697 1 ,532.63 Brauer Grading Road Repairs 8698 50.00 State of California,State Treasurer Note Investigation 8699 1 ,500.88 Case Power and Equipment Equipment Rental 8700 84.25 Discount Office Supply Office Supplies 8701 95.00 Registrar, Dun & Bradstreet, Inc. Seminar--Jean Fiddes 8702 68.72 Pete Ellis Dodge Repairs on District Vehicle 8703 23.37 John Escobar Reimbursement--Office Supplies 8704 400.00 First American Title Guaranty Co. Preliminary Title Report 8705 250.00 First American Title Insurance Co. Preliminary Title Report 8706 16,450.87* First American Title Insurance Co. Interest Obligation--Hosking Purchase , 8707 112. 19 Jean Fiddes Reimbursement--Conference Registration and Private Vehicle Expense 8708 64.05 Herbert Grench Reimbursement--Meal Conference 18709 102.00 Honeywell Protection Services Alarm Service 8710 135.60 Hubbard and Johnson Field Supplies 8711 542. 11 David and Me!-Ling Jameson Security Deposit and Pro-Rated Rent Refunded 8712 143.28 Mobil Oil Credit Corporation Fuel for District Vehicles 8713 48.69 Monta Vista Garden Center Field Supplies 8714 342.35 Monta Vista Hardware Stove for Rental Unit 8715 45.00 National Recreation and Park Association Annual Subscription 8716 47.75 Noble Ford Tractor, Inc. Part for Tractor Trailer 8717 699.55 Pacific Bell Telephone Service 8718 27. 10 Pacific Gas and Electric Company Utilities 8719 1 ,031 .06 Peninsula Oil Company Fuel for District Vehicles 8720 45.00 Dennis Plank Enterprise Structure Repair 8721 34.03 Rancho Hardware Field Supplies 8722 101 .08 San Francisco Water Department Hassler Water Service 8723 17.56 Sears, Roebuck and Company Equipment Part 8724 1 ,386.23 Shell Oil Company Fuel and Repairs for District Vehicles 18725 48.00 The Times Subscription I8726 37.50 Times Tribune Subscription Amount Name Description 8727 800.00 U. S. Postmaster Postage for Meter 8728 135. 10 Sandy Voorhees Private Vehicle Expense 8729 44.63 Zip-Penn, Inc. Equipment Parts 8730 500.00 Foss & Associates Personnel Consulting Fee--August 8731 170.00 Department of General Services Santa Clara County Radio Communication Services--July 8732 4,728.24 Keller & Daseking, Architects Hassler Site Renovation 8733 42,084. 16 G. Sordrager Trucking Hassler Site Renovation - Issued as an emergency check on September 4, 1985 - — - ' ---- CIJQIMS 110, 85-19 Meting 85-24 }1ID?� Z�Sl/�� ���Z����L OPEN SPACEDZSgyBZ(��� l����Septem6er ll , }98� L Z REVISED � C �iD@S � Amount Description 8694 522.97 Ervin Alves Union Oil Jobber Fuel for District Vehicles 8695 454-39 AT&T Information Systems Telephone Equipment li8697 1 ,532.6'j Brauer Grading I Road Repairs 18698 50.00 State of California,State Treasurer Note Investigation , 8699 1 ,500.88 Case Power and Equipment Equipment Rental � 8700 84.25 Discount Office Supply Office Supplies � 8701 95.00 Registrar, Dun & Bradstreet, Inc. Seminar--Jean Fiddes 8702 68-72 Pete Ellis Dodge Repairs on District Vehicle 8703 23-37 John Escobar Reimbursement--Office Supplies 8704 400.00 First American Title Guaranty Co. Preliminary Title Report '! 8705 250-00 First American Title Insurance Co. Preliminary Title Report 1�8-,,o6 16,450-87-," First American Title Insurance Co. Interest Obligation--Hosking Purchase and Private Vehicle Expense Honey%,.,ell Protection Services Alarm Service 135.60 Hubbard and Johnson Field Supplies 8711 542. 11 David and Me! -Ling Jameson Security Deposit and Pro-Rated Rent Refunded 8712 143.28 Mobil Oil Credit Corporation Fuel for District Vehicles 8713 48.69 Monta Vista Garden Center Field Supplies 8714 342-35 Monta Vista Hardware Stove for Rental Unit 8715 45-00 National Recreation and Park Association Annual Subscription 8716 47-75 Noble Ford Tractor, Inc. Part for Tractor Trailer 8717 699-55 Pacific Bell Telephone Service 8718 27, 10 Pacific Gas and Electric Company Utilities 8719 1 ,031 .06 _ . Peninsula Oil Company Fuel for District Vehicles 8720 45.00 Dennis Plank Enterprise Structure Repair 8721 34.03 Rancho Hardware Field Supplies 8722 101 .08 San Francisco Water Department Hassler Water Service 8723 17,56 Sears, Roebuck and Company Equipment Part � 1 ,386.23 She] ] Oil Company Fuel and Repairs for District Vehicles �725 48,O0 The Timms Subscription 726 37.50 Timms Tribune Subscription � --- - - REVISED Description � � U GOO.or) U. S. Post-,ester Postage for Meter � 8728 135. 10 Sandy Voorhees Private Vehicle Expense � � 8729 44,63 Zip-Penn, Inc. Equipment Parts � � �7�0 5OO,OO Foss C Associates Personnel Consulting Fee--August � � 8731 170,00 Department of General Services � Santa Clara County Radio Communication Services--July � � 8732 44, .2 Kellar & Daseking, Architects Hassler Site Renovation � 8733 ���'��� ' �- G. 6or6rager Trucking Hassler Site Renovation 8734 136.98 Petty Cash Office Supplies, Subscriptions, Meal Conferences and Private Vehicle Expense � Issued as an emergency check on September 4, 1985 � ' - i / � �