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HomeMy Public PortalAbout19890426 - Agendas Packet - Board of Directors (BOD) - 89-10 Meeting 89-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS 7 : 30 P .M. * 201 San Antonio Circle Wednesday Suite C-135 April 26 , 1989 A G E N D A Mountain View, CA (7 : 30) * ROLL CALL APPROVAL OF MINUTES (April 12, 1989) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA (7 : 45) PUBLIC HEARING 1 . Annexation of Former Stanford University Property Portion of Russian Ridge Open Space Preserve -- H. Grench Resolution Annexing Certain Property to the Midpeninsula Regional Open Space District (Midpeninsula Preserves 1989 Russian Ridge) BOARD BUSINESS (7 : 50) 1 . Final Adoption of the Preliminary Use and Management Plan for the Redwood Park Tax-Deeded Property Addition to Purisima Creek Redwoods Open Space Preserve -- D. Hansen (7 : 55) 2 . Final Adoption of the Preliminary Use and Management Plan for the Garza Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve -- D. Hansen (8 :00) 3 . Proposed San Mateo County Planning Commission Policy Regarding Additional Campsites in the County -- H. Grench (8 : 20) 4 . Proposed Addition of Wong Property to El Sereno Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve , Lands of Wong et al . ) Herbert Grench,General Manager Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop (8 : 30) 5. Proposed Addition of Fletcher Property to La Honda Creek Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve, Lands of Fletcher et al . ) (8: 40) 6. Proposed Acquisition of Quitclaim Deed to Ravenswood Spur from Southern Pacific Transportation Company -- C. Britton Resolution Authorizing Execution of Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Ravenswood Open Space Preserve - Southern Pacific Transportation Company) (8 : 55) 7 . Action Plan Program Evaluation for 1988-1989 Fiscal Year H. Grench (9:25) 8 * Legislative Program Status Report -- H. Grench Resolution Supporting Creation of the American Heritage Trust Act (HR 876) (9 :45) 9 . Roberti-Z 'berg-Harris Urban Open Space and Recreation Program Grant for Fiscal Year 1989-1990 -- C. Britton Resolution Approving the Application for Grant Funds under the Roberti- 'berg-Harris Urban Open Space and Recreation Program (Additions to District Open Space Preserves) C. Britton (9: 50) INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Land Negotiation and Litigation Matters) ADJOURNMENT *NOTE: Times are estimated, and items may appear earlier or later than listed. Agenda is subject to change of order. ------------- **TO ADDRESS THE BOARD: When an item you 're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication, which the Board appreciates. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. We request that you fill out the form provided so that your name and address can be accurately included in the minutes. USE AND MANAGEMENT PLAN REVIEWS The Comprehensive Use and Management Plan Review for Kennedy Road Area of the Sierra Azul Open Space Preserve and the Interim Use and Management Plan for the Limekiln Canyon Area of Sierra Azul Open Space Preserve are tentatively scheduled for consideration at the meeting of May 10. Please send your written comments , ideas and concerns to David Hansen, Land Manager, by April 28 so that they can be considered in drafting the staff report. You may call the District office on May 8 to 10 to confirm that the item is on the agenda. NOTICE OF PUBLIC MEETINGS There will be a public workshop to present draft trail use policies and guidelines on May 18 , 1989 beginning at 7:30 P.M. at the Los Altos Youth Center, One N. San Antonio Road, Los Altos. Meeting 89-09 AA. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS APRIL 12, 1989 MINUTES I . ROLL CALL President Gerry Andeen called the meeting to order at 7 : 32 P.M. Members Present: Gerry Andeen, Richard Bishop, Katherine Duffy, Robert McKibbin, and Teena Henshaw. Edward Shelley arrived at 7 :34 P.M. Member Absent: Nonette Hanko. Personnel Present: Herbert Grench, David Hansen, Mary Hale, Del Woods , James Boland, Mary Gundert, and Joan Combs . II. APPROVAL OF MINUTES March 28 , 1989 Motion: T. Henshaw moved that the Board approve the minutes of March 28 , 1989. K. Duffy seconded the motion. The motion passed 5 to 0 . III. WRITTEN COMMUNICATIONS J. Combs stated that the Board had received a letter, dated March 23, 1989 from Eunice Butera, 8 Robert Place, Millbrae, expressing concern over trail conflicts on the preserves. G. Andeen stated the Board' s consensus to mail the proposed response to Ms. Butera. IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA G. Andeen stated that the agenda was adopted by Board consensus . Herbert Grench,General Manager;Board of Directors.,Katherine Duffy,Robert McKbbin,Teena Henshaw,Edward Shelley,Nonefte Hanko,Gerry Andean,Richard Bishop Meeting 89-09 Pave two VI . BOARD BUSINESS A. Final Adoption of the Preliminary Use and Management Plan for the Alsberge Property Addition to Mt. Umunhum Area of Sierra Azu! Open Space Preserve (Report R-89-65 dated April 5 , 1989) D. Hansen said that escrow had closed on March 31 , and no further public comment had been received. He said that site cleanup, cabin demolition, and barn rental will now be undertaken. Motion: K. Duffy moved that the Board adopt the Preliminary Use and Management Plan for the property, including the naming, as contained in the staff report. T. Henshaw seconded the motion. The motion passed 6 to 0. Motion: K. Duffy moved that the Board indicate its intention to withhold the property from dedication as public open space at this time . T. Henshaw seconded the motion. The motion passed 6 to 0. B. Authorization to Enter Into Agreement with County of San Mateo for Underpass Encroachment on Alpine Road (Report R-89-66 dated April 5 , 1989) D. Hansen said that the grading permit was contingent upon the fulfillment of a list of conditions , including requiring the District to execute an agreement with the County to address the District ' s maintenance responsibility and liability for the undercrossing. He said that the District ' s Legal Counsel had reviewed the agreement. Motion: T. Henshaw moved that the Board authorize the President to enter into the agreement with the County of San Mateo for the underpass encroachment on Alpine Road. R. Bishop seconded the motion. The motion passed 6 to 0. C. Endorsement of the Bay Trail Plan for the San Francisco Bay Area (Report R-89-64 dated April 5, 1989) D. Hansen said that staff had met with Susan Phillips, the Bay Trail Plan Project Manager for the Association of Bay Area Governments (ABAG) , and had expressed three concerns with the draft Bay Trail Plan and draft Environmental Impact Report. He said that staff had requested that some consideration be given to emphasizing the alignment of the new flood control levee; that Stevens Creek Shoreline Nature Study Area and Ravenswoods Open Space Preserve be designated as recreational areas, with wildlife habitat listed as a secondary use; and that the alignment of the new trails to be constructed at Ravenswood Open Space Preserve be Meeting 89-09 Page three clarified. He said that these concerns were being taken into consideration and would be responded to in the final Environmental Impact Report. K. Duffy said that she felt concern about designating the District ' s lands as recreational rather than wildlife habitat. D. Woods said that such designation appears to offer more options regarding trail alignments and would not really affect wildlife habitat. He added that the Bay Trail Plan has basic policies protecting wildlife habitat that override these designations. Motion: R. Bishop moved that the Board adopt Resolution 89-25, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the Bay Trail Plan for the San Francisco Bay Area. R. McKibbin seconded the motion. The motion passed 6 to 0 . D. Progress Report on Formulation of Trail Use Policies and Guidelines in Preparation for the May 18 Public Workshop (Report R-89-67 dated April 5, 1989) D. Hansen reported that staff had been working with consultant Jane Saltman for the past six months to draft trail use policies and guidelines . D. Woods discussed trail use profiles , categories of trail users, public safety issues , and existing trail conditions on the open space preserves. He said that a public workshop will be held May 18 . In response to a question from R Bishop, D. Woods said that draft policies and guidelines will probably not be available for public review before the May 18 meeting, but will go to the Board for a full public hearing following the workshop. R. Bishop requested a copy of the draft policies and guidelines if they became available before the workshop. D. Hansen said that the May 18 workshop was intended to be a continuing part of the information gathering process. D. Woods gave a slide presentation of trail uses , conditions, and conflicts. He said that a safe experience for all trail users was the primary consideration in the formulation of trail use guidelines. J. Boland showed a videotape of a Channel 11 newscast aired earlier this month showing trail use at Fremont Older Open Space Preserve. Jane Saltman reviewed the information she has gathered from other public agencies, which are also experiencing Meeting 89-09 Page four problems with trail conflicts . She said that the District is looking at trail use by all user groups rather than focusing on a single group, as many agencies are doing. She listed three objectives of trail use policies : 1) to provide an opportunity for open space appreciation and exercise with maximum user safety and minimal environmental impact; 2) to provide optimum conditions for the observation and interpretation of open space resources; and 3) to provide maximum protection of environmentally significant and sensitive areas while allowing access . G. Andeen suggested a fourth objective should be to develop responsible trail users . D. Woods said that a group of broad trail use policies would be formulated, then narrower guidelines added to aid in planning. He said that education, site improvements, and regulation enforcement were the key elements in making the program work. E. Shelley said that he was concerned that liability and safety factors might outweigh the basic purpose of providing trails for all users . R. Bishop said that he concurred with E. Shelley that decisions concerning trail use should not be based solely on safety and liability factors , but that the experience of visitors to wilderness areas must also be considered as one of the criteria when deciding on trail use. T. Henshaw complimented staff efforts and the process being used to develop trail use policies . D. Woods said that a Review Committee meeting would be held May 3, and a West Bay Trails Council meeting on May 15. He said that recommendations on trail use would be addressed when use and management plans were presented, as many issues were unique to a particular site. He said that staff was leaning in the direction of providing a variety of trail uses on each preserve. E. Shelley said that the density of use on a particular trail or preserve was a critical consideration. D. Woods said that staff is developing a checklist to be used before removing a certain use from a particular trail. K. Duffy said that allowing dogs was one trail use, and also suggested that educational programs for people who receive citations might be investigated. D. Woods introduced Jean Rusmore, Frances Spangle, Gibson Anderson, and Hildegarde MacKay, who represent various trail user groups and are assisting in the Meeting 89-09 Page five formulation of District trail use guidelines . R. McKibbin said that he agreed with E. Shelley not to make liability concerns an overriding issue, and agreed with T. Henshaw concerning the process staff is following to formulate trail use guidelines . He expressed the Board' s appreciation to all the volunteers who have contributed to that process . VII . INFORMATIONAL REPORTS H. Grench reported that the CPRS Annual Legislative Conference would be held in Sacramento May 9- and 10, and suggested that the Board authorize expenses for any members who wished to attend. Motion: E. Shelley moved that the Board authorize expenses for any member who wished to attend the conference. K. Duffy seconded the motion. The motion passed 6 to 0 . H. Grench said that the Friday evening informal gathering would be held at the Not So Annual Regional Park and Open Space District Conference in Marin, and said it offered an opportunity for participants to talk to people from other districts . He suggested authorizing Friday night lodging and Saturday breakfast for those attending the gathering. Motion: R. Bishop moved that members who wished to attend the conference be reimbursed for Friday night lodging and Saturday breakfast. T. Henshaw seconded the motion. The motion passed 6 to 0 . H. Grench said that the Budget Committee report, which was approved at the last meeting, had been in error concerning the Legal Counsel ' s compensation. He said the figure should have been $64 , 000, not $60, 000. R. Bishop said that the current minutes should state that the intent of the motion at the previous meeting was that Legal Counsel ' s salary remain at $64, 000 . R. McKibbin and T. Henshaw, members of the Budget Committee, agreed that was the intent. G. Andeen stated the Board' s consensus that this was the intent. H. Grench reported that the Russian Ridge annexation of the former Stanford property had been unanimously approved by Santa Clara County Local Agency Formation Commission (LAFCO) on April 12. D. Hansen said that design approval for the Skyline Ridge Open Space Preserve Land and Water Conservation Fund grant trail project had been received from the State. He said that the District has not yet heard if the Proposition 70 trails grant for Russian Ridge Open Space Preserve has been approved. Meeting 89-09 Page six E. Shelley said that he and C. Britton had attended the meeting of the Mountain View City Council , because the sale of the surplus property in which the District is interest was on the agenda for Council consideration. He said that the item had been postponed until April 18 . R. Bishop said that he was leading a Sierra Club hike on April 22, and invited interested Board members, staff , and public to attend. VIII CLAIMS Motion: T. Henshaw moved that the Board approve the Revised Claims 89-07 . R. Bishop seconded the motion. The motion passed 6 to 0 . IX. CLOSED SESSION There was no Closed Session. X. ADJOURNMENT The meeting was adjourned at 9:35 P.M. Joan Combs Secretary i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 REGULAR51 ftftTING BOARD OF DIRECTORS April 26 , 1989 MINUTES T_ . ROLL CALL President Gerry Andeen called the meeting to order at 7 : 30 P.M. Members Present: Katherine Duffy, Robert McKibbin, Teena Hinshaw, ?Nonette Hanko, Gerry Andeen, and Richard Bishop. E. Shelley arrived at 7 : 34 P .M. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, Mary Hale, Stanley Norton, and Cecilia Cyrier. �_ . APPROVAL OF MINUTES April 12 , 1989 Motion: T. Henshaw moved that the Board approve the minutes of the meeting of April 12 , 1989 . K. Duffy seconded the motion. The motion passed 5 to 0 with N. Hanko abstaining from the vote because she did not attend the meeting. E. Shelley was not present for the vote . ___ . WRITTEN COMMUNICATIONS C . Cyrier stated that the Board had received the following written co=..unications: 1 . a letter, dated April 13 , 1989 , from John Kennedy of Hopkins & Carley, a Law Corporation, 150 Almaden Boulevard, San Jose , representing Dr. Kang piing Ho, requesting the restoration of fencing and posting of signs on St. Joseph ' s Hill Open Space Preserve; 2 . a letter , dated April 4 , 1989 , from Dan and Diane Chambers , P .O. Box 967 , Saratoga, requesting permission to obtain electrical power from a PG&E pole located on District land and requesting that District land being used by a private individual be cleaned up; 3 . a letter, dated April 6 , 1989 , from Paul M. Valle-Riestra of the Law Offices of Robert J. Logan, 152 North Third Street, San Jose , on behalf of their client, Loren McQueen, requesting improved security on Mt. Umunhum Road; and I 4 . a letter, dated April 12 , 1989, from Hermia Janes , 4195 George Avenue , San Mateo, reporting on the injuries she sustained when hit by a mountain bicyclist while hiking on District land. He— Gencn.General Manager.Board of Directors:Katherine Duffy,Robert McKibbin Teena Henshaw Edward Shell%Nonette Hanko&Gerry Andeen Rich rd%shop Herbert Grench,General Manager,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,aicharc�Bishop Meeting 89-10 Page two C. Cyrier said that a draft response was attached to each letter. 2-Sr . Dan Chambers addressed the Board regarding the request in his letter, noting that the power pole was within feet of his property and that the power could not be put underground. Discussion focused on the illegal placement of the pole by P .G.& E. on District land, the outright granting of an easement being construed as a misuse of public funds , and possible ways to solve the situation. G. Andean stated that the Board wanted staff to pursue ways to resolve the natter, including a possible trade or lease of District land, the possibility of relocating the power pole, and the possibility of granting a utility easement over District property. E. Shelley requested that the Board discuss the Chambers ' property in Closed Session under land negotiations to give instructions to staff on negotiations . G . Andean stated that the draft responses to the four letters were approved by Board consensus . TV. 0-'z;.L COMMUNICATIONS There were no oral communications . V. ;.D0iITION OF AGENDA G. �ndeen stated that the agenda was adopted by Board consensus . ';I . PUBLIC HE-'-:RING Annexation of Former Stanford University Property Portion of Russian Ridge Open Space Preserve (Report R-89-69 __of April 13 , 1989) G. Andean declared the Public Hearing open at 8 : 05 P.M. H. Grench reviewed the staff report noting that both San Mateo County and Santa Clara County Local Agency Formation Commis- sions had approved the annexation. There were no comments or questions from members of the public. Motion: E. Shelley moved that the Public Hearing be closed. N. Hanko seconded the motion. The motion passed 7 to 0 . G. Andean closed the Public Hearing at 8 : 08 P .N. Motion: N. Hanko moved that the Board adopt Resolution 89-26, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Annexing Certain Property to the Midpen4nsula Regional Open Space District (Midpeninsula Preserves 1989 - Russian Ridge) . E. Shelley seconded the motion. The motion passed 7 to 0 . Meeting 89-10 Page three VIZ . BOARD BUSINESS A. Final Adoption of the Preliminary Use and Management Plan for the Redwood Park Tax-Deeded Property Addition to Purisima Creek Redwoods_Open _.Space Preserve (Report R-89-71 of April 17 , 1989) D. Hansen stated that escrow closed on the ten tax-deeded parcels on April 6 and that staff had received no further public comment. He said that staff was working with San Mateo County staff on the transfer of the County ' s Redwood Park tax- deeded parcels to the District. I-lotion: K. Duffy moved that the Board adopt the Preliminary Use and Management Plan for the Redwood Park tax- deeded property addition to Purisima Creek Redwoods Open Space Preserve , including the naming, as contained in report R-88-130 . R. McKibbin seconded the notion. The notion passed 7 to 0 . Motion: K. Duffy moved that the Board indicate its intention to withhold the property from dedication as public open space at this time. R. McKibbin seconded the motion. The motion passed 7 to 0. B . Fine'; Adoption of the Preliminary Use and Management Plan for the Garza Property Addition to Mt . Umunhum Area of Sierra Azul Open Space Preserve (Report R-89-70 of April 17 , 1989) D . Hansen said that escrow had closed on the 40-acre property addition to Sierra Azul Open Space Preserve on April 15 and that staff had received no further oublic comment . Moll-.-'t :;n: T. Henshaw moved that the Board adopt the Preliminary Use and Management Plan for the Garza property addition to Ht . Umunhum Area of Sierra Azul Open Space Preserve, including the naming, as contained in report R-89-40 . K. Duffy seconded the motion. The motion passed 7 to 0 . Mot-on: T. Henshaw moved that the Board indicate its intention to withhold the property from dedication as public open space at this time. K. Duffy seconded the motion. The motion passed 7 to 0 . C . Proposed San Mateo County Planning Commission Policy Regarding Additional Campsites in the Coupt_y_ (Report R-89-77 of April 20 , 1989 ) H. Grenc'h reviewed the staff report and discussion centered on types or permits needed from the County for development projects on District lands , the impact the proposed policy could have on the District, and the District ' s role in providing appropriate camping facilities . With the Board ' s concurrence, G. Andeen requested that R. Bishop and the General Meeting 89-10 Page four Manager attend a Planning Commission meeting to relay the Board' s concerns and reactions to the proposed policy and to discuss the District' s purpose and goals . D. Proposed Addition of Wong Property to El Sereno Open Space Preserve (Report R-89-74 of April 18 , 1939) C. Britton said that this 10-acre parcel could provide a link in a future trail system connecting Sanborn Sky'-line County Park with El Sereno Open Space Preserve . He noted that terms of the purchase agreement call for an all cash full purchase price of $110 , 000 payable at close of escrow. He explained the reasons that $10 , 000 of the purchase price was for a real estate commission. D. Hansen showed slides of the property and reviewed the use and management recommendations . Motion: E. Shelley moved that the Board adopt Resolution 89- 27 , 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 or Appropriate to Closing of the Transaction (El Sereno Open Space Preserve , Lands of Wong et al . ) . R. McKibbin seconded the motion. The motion passed 7 to 0 . Motion: E. Shelley moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report , including naming the property as an addition to El Sereno Open Space Preserve, and indicate its intention to withhold the property from dedication as public open space at this time. R. McKibbin seconded the motion. The motion passed 7 to 0 . G. Andeen stated this was the first time that the property had been discussed by the Board since it is under 20 acres in size . The Board recessed for a break at 8 : 45 P .M. and reconvened at 8 : 50 P.M. Proposed Addition of Fletcher Propertyto La Honda Creek Open Space Preserve (Report R-89-75 of April 19 , 1989) C . Britton said that this one-acre inholding is surrounded on three sides by La Honda Creek open Space Preserve and that the terms of the purchase agreement call for an all cash purchase of '$155 , 000 payable at close of escrow. He noted that the house on the property will continue to be rented by the Enterprise Subprogram until final determination of public use is made of the area. * rfeeti,ng 89-10 Page five D. Hansen noted that the property fronts' on La Honda Road and not on Skyline Boulevard as stated in the staff report. He reviewed the use and management recommendations for the property- Motion: E. Shelley moved that the Board adopt Resolution 89- 28 , 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 or Appropriate to Closing of the Transaction (La Honda Creek Open . Space Preserve , Lands of Fletc:ier et al . ) . N. Hanko seconded the motion. Discussion: G. Andeen said that he did not support the acquisition, noting that the property has a low rating on the plaster Plan, that the parcel is not needed as an entrance to the preserve, that develop- ment plans are incomplete , and that he would prefer the a-mount of the purchase price be spent on trail development. E . Shelley and R. McKibbin spoke in favor of the acquisition, noting that inholdings needed to be purchased whenever possible and that the creekside needed to be preserved. The motion passed 6 to 1 with G. Andeen voting against the motion for reasons stated above. Motion: E. Shelley moved that the Board tentatively adopt the Preliminary Use and management Plan recommendations contained in the staff report, including naming the property as an addition to La Honda Creek Open Space Preserve , and indicate its intention to withhold the property from dedication as public open space at this time . N. Hanko seconded the notion. The motion passed 6 to 1 . G. Andeen voted against the motion for reasons stated above . G. Andeen stated this was the first tine that the property had been discussed by the Board since it is under 20 acres .in size. :. Proposed Acquisition of Quitclaim to Ravenswood Spur From Southern Pacific Transportation Company (Report R-89-76 dated April 20 , 1989) C. Britton showed the location of the abandoned single track railway line and reviewed the processes that needed to be cormpleted before an agreement could be negotiated with Southern Pacific to acquire trail rights on the easement . He said that under the terms of this acquisition the District would acquire an easement over and be responsible for the northe rn n half of p r the 1 . 2 miles of the abandoned Ravenswood spur. The City of East Palo Alta has agreed to accept the responsibility of the Meeting 89-10 Page six portion of the right of way extending southerly from the east end of Purdue (Pomona) Avenue to Pulgas Avenue. C. Britton said that the cost of the quitclaim to be paid by the District will be $1918 . D. Hansen reviewed the use and management recommendations and showed slides . Motion: N. Hanko moved that the Board adopt Resolution 89 -29, a Resolution of the Board of Directors of the Mid- peninsula Regional Open Space District Authorizing Execution of Agreement, Authorizing Officer to .Execute Certificate of Acceptanc e of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Ravenswood Open Space Preserve - Southern Pacific Transportation Company) . R. Bishop seconded the motion. The motion passed 7 to 0 . Motion: N. Hanko moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report which relate only to the portion of the easement being acquired by the District, including naming the easement as an addi- tion to Ravenswood Open Space Preserve, and indicate its intention to withhold the District portion of the easement from dedication at this time . ?. Bishop seconded the motion. The motion passed 7 to 0 . G. Action Plan Program Evaluation for 1988-1989 Fiscal Year (Report R-89-72 dated April 19 , 1989) H. Grench stated that the Action Plan program evaluation was for the nine-month 1988-1989 fiscal year and that program leaders would summarize some of the highlights of the year. C. Britton reported that all specified projects under Proposition 70 were completed except for the $935, 000 allocated for connections between District preserves and Castle Rock and Portola State Parks . D. Hansen noted that the plans and specifications for Skyline Ridge Open Space Preserve improvements were completed and all permits were obtained from the County, that construction on Picchetti is underway, and that all -improvements were completed on Purisima Creek Open Space Preserve . He said that the Volunteer Coordinator had initiated several successful projects and that two Senior Ranger positions were filled. T. Henshaw requested a summary update on the Volunteer Program and what staff was doing in establishing the program. M. Hale reported that the first of the new trail brochures would be available for the special dedication event at Purisima Creek Redwoods Open Space Preserve on Saturday, May 13 , that the visitor ' s guide text has been reviewed by staff and Meeting 89-10 Page seven revisions will be made before presentation to the Board, and that the art work for the new District seal , ranger patch, and recognition pin is being reviewed by staff . J. Fiddes stated the main activities for General Management and Program Support centered on the change in the District' s fiscal year, overseeing budget preparation, and completing the revised salary survey for General Manager appointees . Motion: E. Shelley moved that the Board accept the program evaluation for the 1988-1989 fiscal year. R. Bishop seconded the motion. The motion passed 7 to 0. H. - Legislative Program Status Report (Report R-89-68 of April 18 , 1989) H. Grench reviewed the five additions to the legislative program and their recommended priorities and .summarized the reasons for supporting creation of the American Heritage Trust Act. He said that the third addition relating to SCA 1 , authored by Senator Garamendi , could be dropped and put, in the watch carefully category since Senator Garamendi had dropped the portion of the bill that would impact the District. K. Duffy recommended that the second addition relating to the Board ' s borrowing power be given an "A" rather than a "B" priority. Discussion centered on the item relating to clarification of the District ' s interpretation of the Brown Act . R. Bishop said .that he would like the Board to authorize that the General Manager proceed with the legislative clarification and opinion without having to return to the Board for further direction . T. Henshaw stated that she would like the General Manager to report back to the Board after he has learned more in Sacramento. Motion: N. Hanko moved that the Board adopt the additions to the legislative program as presented in the staff report with an amendment to change the priority from "B" to "A" on item 2 and to watch or otherwise drop item 3 . K. Duffy seconded the motion. The motion passed 6 to 0 . T. Henshaw voted against the motion for her reason stated above in regard to item 5 . Motion: N. Hanko moved that the Board adopt Resolution 89- 30, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Creation of the American Heritage Trust Act (HR 876) . K. Duffy seconded the motion. The motion passed 7 to 0 . T. Henshaw said that, following her recent Visit with Ralph Heim in Sacramento, she would like the Legislative Committee to discuss ways that the District as an agency and the members of Meeting 89-10 Page eight the Board could increase the District ' s relationship with area representatives and make them aware of the District ' s needs . She suggested one or two planned activities during the year that would increase the Board' s availability with the legislators . Motion: T. Henshaw moved that the Board request the Legis- lative Committee to investigate mechanisms to create increased District contacts on a regular basis with state legislators and local officials and to report back to the Board with recommendations . R. McKibbin seconded the motion. The motion passed 7 to 0 . Roberti-; -Z ' berg-Harris Urban Open Space and Recreation Program I-- Grant for Fiscal Year 1989-1990 (Report R-89-73 of April 18 , 1989) C . Britton stated that the District would be eligible to receive $131 , 964 from Proposition 70 , the California Wildlife, Coastal and Parkland Conservation Act of 1938 , and $49 , 487 from Proposition 99 , the Tobacco Tax and Health Protect-ion Act of 1988 , if approved by the legislature . He said that the District is required to provide one-third in matching funds , giving total project costs of $188 , 520 for Proposition 70 and $70 , 696 for Propositiofi 99 . Motion : E. Shelley moved that the Board adopt Resolution 89- 31 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds Under the Roberti.- Z 'berg-Harris Urban Open Space and Recreation Program (Additions to District Open Space Preserves) . R. Bishop seconded the motion. The notion passed 7 to 0. ';70RMATI0 ,'_kL REPORTS Shelley said that he and C. Britton had attended the JA.pril 18 View City Council meeting because the sale of the surplus property at the corner of Shoreline Boulevard and Latham in which District is interested was on the agenda for consideration. He said that there were not four votes for the project (only five of t'- e. seven Council members were in attendance) and that he would ::--ntinue to pursue the matter with city staff . Bishop reported that he and Alice Cummings had addressed the San los Planning Commission regarding the environmental impact report the Benedetti property. He said that the Commission voted _:nanimously to send the report back for further review. -, I iansen reported receiving Proposition 70 grant funds in the .. ._,�nt of $10 , 000 for trails on Russian Ridge Open Space Preserve ng $194 , 000 for continued historic restoration at Picchetti . He cl� ' d that a Trails Clinic , organized by Senior Ranger Dennis Meeting 89-10 Page nine 7 Danielson, was held on Friday, April 21 and the 55 attendees were 22 different agencies . He reported that five different proj- ects on District land were part of the Saturday, April 22 Trails Days . H. Grench reported that he had attended the Coastal Conservancy meeting the previous week to support the Conservancy' s funding approval of Peninsula Open Space Trust ' s Cowell Ranch project . He said that a letter from the Town of Los Gatos requesting additional financial assistance for the environmental impact report and road study concerning St. Joseph' s Hill Open Space Preserve was included ;n Board meeting materials . He reminded the Board of the Not-So- .mnnual Park and Open Space Regional Conference on April 28-30 . IX. C L I M S I'otion: R. Bishop moved that the Board approve Revised Claims 89- 08 . T. Henshaw seconded the motion. The motion passed 7 to 0 . Ci.40SED SESSION S . Norton announced that there were no litigation matters to be discussed in Closed Session. The Board recessed at 10 : 15 P .M. to ;Zlosed Session on land acquisition matters , including giving _nstructions to the Board ' s negotiator on the Chambers ' property in Steven ' s Canyon. 1 -OURITMENT meeting was adjourned at 10 : 41 P .M. Cecilia A. Cyrier Secretary meeting 89-10 MIDPENINr REGIONAL OPEN SPACE DI CT Date: Apr.26, 1989 I M S REVISED _.ount Name Description 2-,'C9 Allied Towing Towing 2510 21.30 AmeriGas Tank Feental 2611 2 1-,,7.7 0 Annex Printing Job Armouncerneent Brochures 2612 131.96 Bailey's Western Division Field Supplies 2613 41.73 James Boland Reimbursement--Uniform Expense 2 91 1,4- 10.00 State of California Resource Doct.-atient 29,15 30;.00 State of California--D24V Sales Tax for Trailer 20616 223.911 State of California--EED Unemployment Insurance 2517 22.38 Conservatree Paper Company Office Supplies 2 6 12) 1,1_1 6.10 Villiam Cotton and Associates Goeotec'nnical Consulting Fees 2:5 19 _ .rjo Council on Educational Management Seminar Registration—D. Danielson and G. Gur-irrin 2 6 2 0 The Darkroom Film Develoi-ament- 2-2_ 4 1.65 Dillingham Associates Consulting Services 2;_522 I.9 5 John Escobar Re--ix,-blirse-nent--coiiference Expenses 2;, Jean Fiddes ReirL)bu-rse-L-t-i---nt---Coi--iference Expenses 2:5 �:5.5 0 First American Title Guarantee Title Insurance Company 2 2 5 0 First American Title Insurance Property Purchase--Fletcher Cciapa_ny 2 2� 73.00 First American Title Insurance Reconveyance Fe--s Cc,-,.pany s Foss and Associate Special- Project Fe_ SalarySurvey 2 2 Gr-aphistat, Inc. Art Enlargement 2 -2,? 1.1-any Gundert Reimbursarren� -Peso,_,rce Document and 'Private Vehicle Expense 20_---2 34.2.0 Jobs Available Job A ve-tisamen-,* 2 K_ =0 KeL_tch-All Company Dog Catcher Pole 2 _-,2 1�bbil Oil Company Fuel 2 c;3 -. r :: .19 Pon N61son Trucking Truck Pepairs 2 F_ 4 Z_L.=o Noble Ford Tractor, Inc. Tractor Equipment 2CE--=- 5..22 N.ornev's of Mountain View Office Supplies 2636 C2 Northern Energy Propare Gas LGJ -7 Pacific Bell Telephone Service 2F3= 21 .CO Pacific Sanitation Sanitation ServIces '0 ng 2 6 0 Ja_.�, Paulin Tree Specialists Tree Trin-,,u an A PIP Brochure Print-ina Pitney Bo-.,,:es, Inc. Postace I-leter Meeting 89-10 TTVISED Date: April 26, 1989 A`.o-'---t Name Description 26-4-2 5013.010 Price Club Field*Supplies 2:-: Pure 1,7ater Stores Water Filter 39 Regal Dodge, Inc. Vehicle Repairs 193.50 San Francisco Newspaper Agency Job Advertisement 2-5 6 San Jose Mercury News Job Advertise--rent 26-7 r"L.P,- Shell Oil Company Fuel and Repairs 26,43 7,=4 2 01.01 0 E.R. Sheehan Equipment Rental and Consulting Fees 2 S`=*33 1:54.91 Signs of the Times Signs 266v65.=A Smith Equipment, Inc. Equipuent Parts 2.61 75.00 Tier Title Insurance Reconveyance Fees 2652 210.53 Tomlinson, Ziski,morosoli & Maser Legal Services 2 E 5--- 76.68 The Tribune Job Advertisement z66= 13.Y-3 United States Geological Survey Maps 2 236.25 Valley Title Company Preliminary Title Report 2616 2-13?.95 Vanier Graphics Corporation Office Supplies 2 11 C D 0,.C 0 Valley Title Company Property Purchase-1-brig 2:-73--- -1;5 1. 7 Dal t'."ocyds -Reimbursement--Slide Reproduction and Private Vehicle Expense 2!:E ;%o-nd Products Computer Supplies 2;E Xerox Corporation Maintenance Agreement 2 1 Jo'--n Ko-xaleski Reilrburspi,-ent----: duca-uional Assistance S=_a_rs, Roebuck and Company Furnace—Ranger Residence 37- Pezty Cash Postage, Photo Reproduction, Fuel, Vehicle Repairs, Field and Office Supplies, Telephone E)Tense,Film, Meeting and P=ivate Vehicle Expense �s )N PRO?OSED BY STAFF 3oard ?r, at Acknowledge/Respond THEDirector Acknowledge/Respond Staz'! Acknowledge/Respond WRITTEN COMMUNICATIONS LAWDraft Response Attached Meeting 8 9-1 0 Staff to be Directed to ?repare Draft April 26 , 1989 OFFICES Res-:)-ase for Board Consideration per i--Nu Board Directive(s) kir Ct-her ROBERT LDGAN April 6, 1989 Midpeninsula Regional open Space District Attn: Board of Directors Old Mill Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Dear Board Members: On behalf of our client, Loren McQueen, we hereby request action by the Board to improve security on Mount Umunhum Road. Law enforcement on Mount Umunhum Road has been a continuing problem. Mr. McQueen has repeatedly observed cars speeding in the area. Most recently a drunk driver intentionally smashed his car through a gate on Mount Umunhum Road and drove into a gate on Loma Prieta Road. Total damage to the gates was approximately $13, 000. A copy of the police report is attached. The continued illegal activity in the area poses a threat to public safety and the District's property. Clearly, District rangers cannot adequately patrol the road. The only solution to this problem is to reinstitute the Sheriff's patrol on Mount Umunhum Road. Thank you for your consideration. We would appreciate a response to our request. Sincerely yours, Paul M. Valle-Riestra 152 PMV/k1 NORTH Enclosure THIRD cc: McQueen STREET SUITE 201 SAN JOSS CALIFORNIA 95112 408 287 2156 I .r WRITTEN COMMUNICATIONS w Meeting 89-10 - April 26 , 1989 des► `».wti°C MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 April 27, 1989 Paul M. Valle-Riestra The Law Offices of Robert J. Logan 152 North Third Street, Suite 201 San Jose, CA 95112 Subject: Sierra Azul Open Space Preserve, Security and Enforcement Dear Mr, Valle-Riestra: The District' s Board of Directors reviewed your April 6, 1989 letter at its regular meeting last night. We think you will agree that the vandalism and security situation in the Mt. Umunhum area has improved dramatically since the District became a major landowner. Improvement in these conditions is corroborated by reports from other neighbors, the Sheriff ' s Department, Preserve visitors as p well as by our awn rangers and our Mt. Umunhum caretaker. Your letter unfairly focuses on a single incident involving a drunk driver on Mt. Umunhum and Loma Prieta Roads. Even then, our investigation reveals that this incident was a result of a neighboring landowner leaving the lower gate unlocked for a visiting friend. Also, we strongly disagree with your statement that "Clearly, District rangers cannot adequately patrol the road. " Some of the security measures instigated and paid for by the District include: 1) routine patrol by District ranger staff, 2) guard rail fencing installed along Mt. Umunhum Road at Bald Mountain and also adjacent to the former Oden property, 3) installation of preserve and private property signs as necessary on the boundaries of all District lands in the area to accommodate enforcement of District ordinances, 4) initial utilization of supplemental Sheriff ' s patrol in the Hicks Road and Mt. Umunhum area, I fa.orf-, ^—,—h (; —11 A,f>n.—A—M n/nrre..p--se.o .inm maf,. n7 K,t Li,s(ihhin'roan,W-1-- c.a--A Paul M. Valle-Riestra April 27, 1989 Page 2 5) the installation of a resident caretaker at the site of the former Almaden Air Force Base, 6) replacement of the fragile security gate across Mt. Umunhum Road at Bald Mountain with a District standard double swinging pipe gate. Additionally, your client will be pleased to hear that the Santa Clara County Executive Office recently has advised us that a new supplemental patrol contract will be finalized this spring and quite possibly within the next few weeks. Any assistance that your client might provide to assure that this contract is approved would be appreciated. We think it is important to realize that the District is not solely responsible for control of unlawful activity in this area and that the original Sheriff ' s patrol contract was instituted as a gesture of good faith. We feel that if the Sheriff ' s patrol has been inadequate, it was inadequate before the District acquired any land in the area. Since better enforcement and s_eyc.urity is of interest to all landowners in the area, we feel that the neighbors should consider contributing to the cost of additional patrol services. This is particularly true since the Sheriff would be increasing patrol of the area on the District ' s behalf, but the additional presence will benefit everyone. if your client would care to contribute to this effort, cash donations to the District are tax-deductible. You can be assured that the District will continue to work cooperatively with the neighbors in resolving any significant public safety problems in the Mt. Umunhum area. Sincerely, Gerry B. Andeen President, Board of Directors GBA:LCB:cac cc: MROSD Board of Directors I 7 � � 1005 Timothy Drive Afib 0 San Jose,California 95133 SANTA CLARA COUNTY SHERIFF ooc� (4W)299-3417 CODE FELONY REPORT/BEAT NO. INCIDENT REPORT IMIL89 —3 Q-1 TYPE OF INCIDENT LOCATION OF OCCURRENCE CITY CROSS STREET :s , ! -r. L o t VICTIM S NAME (LAST RST MIDDLE ASSAULT VICTIM DOB /� SSN f Copies Made 2 !/ HT/WT RESIDENCE ADDRESS: CITY RES. PHONE: CONTACT 0600 - � To 1700 BUSINESS NAME: SUN—. Y BUS, PHONE: CONTACT 0�00 TO 1700 I ►t O �CS-00 _ REPORTED BY (LAST, FIRST.MIDDLEI DOB SSN RES. PHONE CONTACT 0600 TO 17Do RESIDENCE ADDRESS CITY BUS. PHONE: CON TA CT 0600 r TO 1700 BUSINESS NAME BUS. ADDRESS CITY OA Y,'DAT /TIME OCCURRED REPORTED TO DATE/TIME REPORTED ASSOC IR NO 11 AGENCY S'9- 3- r -r .?/ - O SUS ECT/A�-I (LAST, FIRST,MIDDLE) boo SSN D•L NO. BOOKED CITED G,aLio T I-5- Syr- csvos- 1/ (-1 N. ADDRESS USED CITY SEX RACE hT'wT HAIR/EYES MARKS/SCARS/TATTOOS�3- L s , M S/C " r _ SUSPECT/ARRESTEE •2 (LAST, FIRST.MIDDLE) DOJ SSN 'L NO. BOOKED CITED ND. ADDRESS USED: CITY SEX RACE HT'wT IMAIR/EYLS MARKS/SCARS/TAT T005 . .. �.- .�Y• �. LIC/STATE DISPOSITION OF VEHICLE SUSPECT VEHICLE (YR,MAKE,MOL STYLE, COLOR) C c F T Lj S USP CT VENIC E R/O (LAST, IRST MIDDLE ADDRESS CITY DISPOSITION ORDERED BY-.flf . 7 PERSON ATTACKED (RACE-SEX-AGE-OCCUPATION) - NOT NAME OF VICTIM IVICTIMS ACTIVITY PRIOR TO/OR DURING OFFENSE PROPERTY ATTACKED (DESCRIBE CHARACTERISTICS OF PREMISES AND AREA WHERE OFFENSE OCCURRED, EVIDENCE NO OF H LD ITEMS HOW ATTACKED (DESCRIBE BRIEFLY HOW OFFENSE WAS COMMITTEDI LATENT PRINTS MEANS 6F ATTACK,DESCRIBE IEAPON INSTRUMENT,EQUIP TRICK.DEVICE OR FORCE USED, _ PHOTOS TAKEN OBJECT Of A ACK (TYPE OF PROPERTY TAKEN OR OTHER REASON FOR OFFENSE) M/� OOJ/NCIC INFO SENT W , I l' TRAOEMARK/PECULIARITY OTHER DISTINCTIVE ACTION OF SUSPEC TSI ATTACHMENTS I -AoI FT WHAT DID SUSPECT SAY)(NOTE PECULIARITIES, - D A REFERRAL 11 : I IF YES fLACE LIST BELOW PARTICIPATING LAW ENFORCEMENT OFFICERS: AN X IN BOX 1.WAS THERE A WITNESS TO THE CRIME [[�� n LECI 1 1 2 WAS A SUSPECT ARRESTED W. e 3 CAN/IS A SUSPECT NAMED nn /, A CAN A SUSPECT BE LOCATED ] CAN A SUSPECT BE DESCRIBED Or] 6, CAN A SUSPECT BE IDENTIFIED elk e() 7 CAN THE SUSPECT VEHICLE BE )DEN IFIED n IFL. B WAS THERE A MAJOR INJURY OR SEX CIV . 9 IS THE STOLEN PROPERTY TRACEA BL R INVO A C �• 0 10 15 THERE A SIGNIFICANT MO PRESENT V 11 IS THERE SIGNIFICANT PHYSICAL EVID NCE PRESENT 12,HAS TECHNICIAN BEEN INVOLVED/REQUESTED 13 IS THERE ANY OTHER REASON TO BELIEVE THAT THE CRIME MAY BE SOLVED 193-B RE / v 3/87 OVER ❑ DICTATION 740 08-6 OFFICER'S NAME DATE -BADGE m PAGE OF_ SUBMITTED REPORT/BEAT ADDITIONALLIST BELOW WITNESSES, DETAILS OF CRIMEUNCLUDING f MARKS1, DESCRII:;ION AND VALUES OF PROPERTY: s ' er. • �. i Q4-r,, • •o !, Avir 0 , -O i • •• � • C r . [ • . i • L • l • 22V- 2;72 •A. I . ► • r • • r ,:v I o -Rmuf EL p•t • .. • s ._ . . r aAjlNHJAjLj • • ` g[. i •Kt `F1 L r .._ t . c .c r r • U itt .4ND LocAmat,.:. L • =IJ FQ^14, : • . ! _ c " f' r • QAk . •I... !� • _ . . 200 [ b, :ram ta • A.s h. . r r• CO- . a• r. M COUNTY REPORTSUPPLEMENTARY : ' 6 oz t„ r • . . [ r -7-6 olow-rAc-r Goallo f . . • r t.• • i7-0Qii4& -7,-Wr 0-44 ZJAII& C L • • ! 3 to JZ t. 20AP, M XTIOMEP • r, . a QA 64t6 CclGAt?Q CALC !, • • 1 • :L 1 • .. . . mkicAj CAur .. . • rwolm- C)Af •i ! OFF OF t . :- ..• WWr .. • albe i /• •� .. ! ArKEb r i s • • f .J • lrrt & ►c__ 1 . ► r r • / / 40,17 1 tj : / . . Y . ! lI / a... is • Acrioac, [ / / ILIE �...: •. l .. L OFFICER*S NAME ice: BADGE a PAGE OF DATE SUBMITTED -'q 17 CRIME --f-5 V, C-ZK02t, fc- REPORT/BEAT NO, • A b V • . ,prQX ICU • • r i .. • AiJb I i k.. Y. 7-1,9-91 IM&pcx `. ) Ioy, In. •r •wn . ♦ • i>xovc f s 1lc., t ! ! sc .. . •a y E7vi1 • • fAlkirL: c L • l 1r• :: 7-6 r . : • r IOE:- Gowrc • • . f • Ap-pA-r;oAJL R I .iCLb c WRITTEN COMMUNICATIONS Meeting 89-10 April 26 , 1989 HORKINS CARLEY A LAW CORPORATION RESPONSE ACTION PROPOSED JOHN F.HOPKINS ELLEN RAIM — STAFF FRANCIS M.SMALL,JR. ROBERT V.HAWN FIFTEENTH FLOOR — Board President Acknowledge/Respond THOMAS S.JORDAN,JR. TRUDY ALTERMAN SHERWOOD M.SULLIVAN BRIAN C.FINERTY 150 ALMADENBoULEVARr) — Director�Acknow, LIONEL M.ALLAN CATHERINE NEENAN KOGURA edge/Respond GARTH E.PICKETT WILLIAM S.KLEIN SAN JOSE,CALIFORNIA 95113-2089 — Staff Acknowledge/Respond DUNHAM B.SHERER JEFFREY E.ESSNER (408)286-9800 STEPHEN J.AOTTMEIER SCOTT L.GOODSELL _X Draft Response Attached JOY MICHAELSON KATRINA J.CHURCH WAYLAND M.BRILL HURT H.TAYLOR Staff to be Directed to Prepare Draft T HOMAS M.COLLINS,JR. KURT J.LIPANOVICH Response for Board Consideration per NELSON 0.CRANDALL L SA LAMPROS Board Directive(s) KATHERINE T.TALLMAN SUZANNE1 S.GRAEBER LINDA H ENDRIX M-PHARLIN MICHAEL G.LONG Other ARTHUR V.PLANK BETSY J.OLSON April 13, 1989 -------------- RICHARD O.M-DONALD PATRICK E.ADAIR PAUL L.LION= JOHN T.KENNEDY ROSS G.ADLER SCOTT W.MEGGS BERNARD J.VOGEL,X TERESA D.HAMILTON E::] WILLIAM L.MYERS JENNIFER M.TAGGART JANET STONE HERMAN SPECIAL COUNSEL ROBERT D.WENZEL Board of Directors Midpeninsula Regional open Space District Old Mill Office Center, Bldg. C, Ste. 135 201 San Antonio Circle Mt. View, Ca 94040 Re: Proposed Access Road to California Western University Cross St. Joseph's Hill Open Space Preserve Dear Members of the Board: As you are aware, this firm represents Dr. Kang Ming Ho, successor in interest to the Sisters of Charity of the Blessed Virgin Mary (BVM) and thereby a party to an easement agreement entered into with the District's predecessor in interest, the California Province of the Society of Jesus (CPSJ) . Pursuant to the terms of the 1984 Settlement Agreement, between CPSJ, the Midpeninsula Regional Open Space District (MROSD) , and the Town of Los Gatos, MROSD is required at its sole expense to construct and maintain "a six-foot high chain link fence topped with three (3) strands of barbed wire approximately six (6) inches apart and angled away from the OPEN SPACE EASEMENT CONVEYANCE. " Furthermore, MROSD is required to place suitable notices at various places along the fence informing the public that public access on the private property adjacent to the open space preserve is prohibited. With this letter, Dr. Kang Ming Ho is requesting that you comply with your obligations set forth in the 1984 Settlement Agreement by restoring the fence along 'Dr. Hols parking lot at the top of Foster Road which has been substantially destroyed by hikers entering your open space preserve. We are further requesting that you post signs on your side of the fence stating "Private Property-No Trespassing" to keep hikers from crossing Dr. 3027H-21 s Board of Directors April 13 , 1989 Page -2- Ho' s private property. We request that these actions be taken within twenty (20) days from your receipt of this letter in order to protect Dr. Ho' s property rights. Thank you for your prompt attention to this matter. Very truly yours, HOPKINS & CARLEY A Law Corporation John T. Kenned JTK:tah cc: Mrs. Angela Shen Charles Bedolla John Stewart 3027H-22 WRITTEN COMMUNICATIONS b Meeting 89-10 ! ,I„ April 26 , 1989 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 April 27, 1989 John T. Kennedy Hopkins & Carley Fifteenth Floor 150 Almaden Boulevard San Jose, CA 95113-2089 Subject: Fencing at St. Joseph' s Hill Open Space Preserve Dear Mr. Kennedy: ' _. Y The District' s Board of Directors considered your April 13, 1989 letter concerning maintaining fencing at our St. Joseph ' s Hill Open Space Preserve. k District staff reviewed the terms and conditions of the 1984 settlement agreement between the California Provence of the Society of Jesus (Jesuits) , the Midpeninsula Regional Open Space District, and the Town of Los Gatos , and specifically regarding the fencing requirements in that agreement. The Board concurs with the staff interpretation as follows: 1) District ranger staff have patrolled and maintained the approximately 1/2 mile of fencing between the St. Joseph's Hill Preserve and the Jesuits property strictly according to the agreement. However, District rangers have no control or responsibility over public entering the preserve from the Jesuits or Blessed Virgin Mary (BVM) properties . Passage of those persons entering from locations other than legitimate preserve entries is the responsibility of those adjacent property owners. -- -' 2) While notices have been placed along the fencelines stating that adjacent lands are private property - no trespassing - these signs are often vandalized or removed. We will continue to sign and maintain the fenceline according to the agreement. 3) Your reference to Dr. Ho's parking lot implies that it is already built. This is not the case. The agreement specifically states "in the event BVM, its successors or assigns, constructs a parking lot as permitted by the EXCLUSIVE PARKING LOT EASEMENT, . . . . . the BVM or its successors, or assigns, at its sole expense, shall cause 2 said fence to be relocated on the northerly boundary line of said parking lot forthwith upon commencement of such parking lot construction. " That fenceline currently exists and is maintained by the District on the property line with Jesuits .. The fenceline currently is on the northerly line of the proposed parking lot. 4) Dr. Ho' s "private" property to the east of St. Joseph's Hill Preserve is delineated by a fence and gate constructed and maintained by the District . This fence is NOT the same fence described in the 1984 settlement agreement. The District feels that maintenance or construction of that easterly fenceline, a portion of which will be removed in the event the access road and parking lot are constructed, is not the exclusive responsibility of the District. District staff have worked in good faith with Sister Gemma and the caretaker in the past on building and maintaining that gate and fenceline. I would suggest that your client or representative contact David .amen, District Land Manager, to discuss resolution of this :Natter. Sincerely, Gerry B . Andeen, President Board of Directors GBy/DWH:ds cc : Board of Directors Stanley Norton, District Counsel MROSD, TOWN, CPSJ Page 4 5. Fencing. Forthwith upon close of escrow, MROSD, at its sole expense, shall cause to be constructed and thereafter continue to maintain a six-foot high chain link fence topped with three (3) strands of barbed wire approximately six (6) inches apart and angled away from the Open Space Easement Conveyance in accordance with the map entitled "Fencing Plan - Los Gatos Creek Park" (hereinafter "Fencing Plan") attached hereto as Exhibit "E" and incorporated herein by this reference. Said Fencing Plan incor- porates the mitigation provisions of the California Environmental Quality Act (hereinafter "CEQA") requirements as determined by MROSD. Said fence shall be constructed entirely on the Fee Convey- ance along and generally within ten (10) feet of the entire portion of the boundary line between the Fee Conveyance and the Open Space Easement Conveyance as set forth in Paragraph 2 hereinabove in accordance with said Fencing Plan. However, in the event BVM, its successors or assigns , constructs a narking lot as permitted by the EXCLUSIVE PARKING LOT EASEMENT on the north side of the NONEXCLUSIVE EASEMENT FOR ROADWAY PURPOSES (hereinafter BVM Road) both as heretofore granted by CPSJ to BVP2 by agreement dated April 20, 1981 and memoralized by MEMORANDUM OF AGREEMENT and GRANT OF EASEMENT both recorded on April 21 , 1981, then BVM or its successors or assigns at its sole ex shall cause said fence to be expense , relocated on the northerly boundary line of said parking lot forth- with upon commencement of such parking lot construction. On or before October 15 , 1984, MROSD shall provide CPSJ with full assurance acceptable to CPSJ that MROSD can forth- with upon close of escrow commence and thereafter complete con- struction of said six-foot high fence topped with three (3) strands of barbed wire along the entirety of said boundary line as shown MROSD, TOWN, CPSJ Page 5 on said Fencing Plan. If by October 15 , 1984 , said full assurance cannot be provided to the satisfaction of CPSJ and if CPSJ is unwilling to agree in writing to any modifications of such fence deemed necessary to satisfy any mitigation measures claimed to be required by CEQA, then CPSJ shall in its sole discretion have the right to terminate this Agreement. CPSJ, at its sole expense may construct and maintain up to four (4) vehicular locked gates in said fence in accordance with Paragraph 6 herein and CPSJ may construct and maintain any number of pedestrian access locked gates at any time and at any locations in said fence, for the sole use of CPSJ and its Permittees for uses compatible with said open space easement. MROSD may enter upon the property of CPSJ adjacent to said fence for the limited purpose of construction or repair and maintenance of said fence upon giving reasonable written notice to CPSJ. MROSD shall place suitable notices of a type mutually agreeable with MROSD and CPSJ at various places along the fence to be constructed in accordance with the Fencing Plan-, informing the public that public access onto cpSils remaining property is prohibited. MROSD shall use reasonable efforts consistent with normal patrol to preclude entry by the public onto CPSJ' s remaining property from the Fee Conveyance unless such entry is permitted by written agreement of CPSJ. cpSi may also place suitable, notices on its remaining property and on said fence (as approved by MROSD, which approval shall not be unreasonably withheld) stating that entry by the public thereon is prohibited without the written permission of CPSJ. LOB, 6ATO� 4 WGA"r C-^ o LA TYPICAII FE-NGING DI, AIL (-No 6CA UNIVGP-.(T'r 10' MAX. F� 0 4reAr,D4 "— T ra" - DARaGD WIRL — 1 , TE-A4101,1*111C.' — YT. hGLTIp.J UNG 1 TOP; BOTTOM. bALYANIILD =Vx, CHAJ O" 11 6AU6CPIPE UNG PO4r- I%e' O-D &WUW I..GVE.L \ DCLrt. PA"A&F II 6. ,PALL WLFFE PP-ALTII.Al. UI.IG P01,T II II 11 4Er Iu cD, 11 A11 PALM DIr-T" I 11 W DL�JAIG ail FENCE PLAN J p� � L_ — = 1, N7 RTH PT.L /w�� II 'ir-GT10N A'A, �iCGTI OA1 6 6 0 hAGslD HU1GT k OVITIATL WINUG1 �ny Y L ZO'FROt't LOAD Ct QfJ AI PAVED MOAD 40' K.O.w. DIKr ra'Ar. Ty PILAL OF Pr'D'TO rT'G- ❑ TYPICAL OF PT'"G"TO P1""D' aa 1 � U P 11i� Ol EMCRbCJK.( , rIR.0 AGGe44 &ATE hEGT'ION G-C, IE.4TIMATGD AX- TION LP.IE �\ L hEG71JN UNL �1pTE� \\ L FC.WLC SPGGIFIGATIONS: ISALVA F. LLJ wLO CkAUUC. A. ADOVG &ROUND NEWT. 7.4-(TOTAL ++F- b" ) I\ A\ \ LNAtN UO', II bAUPG \ U\\ THPLL hTRAWD4 DA_DDO.() I JKZ- lye' W.. TLuI.ION WILL -TOP' rro- — "i LJNL tI4 PT APAGG uOT Tb GXGELC 'C,- z wo ro r z4e O.D. 4Gr w coucRCTE LING rO4T 1•ie-O D. .7A`SE.7 INTO DIK.T =TN OF FEAILE-APPCO%. 7p00'2 (Pi.'A'70 PT'D) _ PT'D- / TYrl&AL br.ADG OF T'A-TO FT--5 2.DC1R_ PiJ.4Abf1-1 A'{4 �rEC,T10U UNE ❑ ❑ ❑ f Q ❑ 0 ^ — —�( 1 _ _ p.-T�,F+o�PGD OPGUIub IZ' W1DG AT ppiTOH, ID' L,MDG AT TOP 1 Q �/ - (� Et OP'GJJIIJb 14 aL14FCAr= NIT4 I- :JGLDED PIM, DOLAC TO cur HOLt wlrH HueE. F'JJGL'JUG ! U_UC PA,"A&Cs, TO nG GAMOL.IF0..A6GD wITH GrrY OF LO4 GAT,.` . I / O / GXF.TINC NATIVE VG&GTATION AS MUCH AS P?4415,x j NOVITIATE r>AF+�" i RaJIX'L 4 WWF-eC M-A4,TIGAI- A 6- 4MGL wlt.L DG L-FT brr W- .N �� I LLIAIN UNti ! GeODUD t.L G:-. 1 I i�.1N&LG hTT-"JD DARL[D WJPG {JLL- 86 FA4T VW" TO BOrfon TtNAION WJRL. 0 DCLR- PA44A&V, ❑ ❑ PR.OrO'.!A FENLC.LINE c Ajulub FROM Pr-A TO PT."D- Page _�of, _ wrrARLD B-(' MF.0.4.D. OFE.0 4PA64 MAMA(sLY4J.lT 4TArF I GHEGCID: .s - TTEN COMMUNICATIONS Meeting 89-10 April 26 , 1989 California Niatiue Plant Studies Dan and Diane Chambers P.O. BoH 967, Saratoga, Californlia-.95071 RZS?CNSZ ACTION PR0?0SED BY STAFF Bcard ?resident Acknowledge/Respond Director- —Acknowledge/Respond April 4, 1988 Staff Aefnowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Midpeninsula Regional Open Space District Res-,o�se for Board Consideration per Bcard Board of Directors Other D4"ective(s) Old Mill Office Center, Building C-135 201 San Antonio Circle Mountain View, CA. 94040 Dear Sirs, We purchased a parcel of land last year in Stevens Creek Canyon. Our parcel is approximately one-half acre and is adjacent to a one acre parcel that is owned by MROSD. The lot was purchased by us for the purpose of raising California Native Plants. We have obtained the proper permits from the County Building Department. We would like to have a shop set up for spring planting this year. ,After having our lot surveyed and requesting power from P.G. & E., we have found that the nearest power pole is located on MROSD property, approximately five feet from our property line. We had a lady from your office (Mary Gunther) come up to our property to see the location of the pole and get a right-of-way from MROSP to have our power hooked up. We then talked with Craig Britton who indicated that MROSD was not interested in giving us this right-of-way. I indicated that under the circumstances, this would not be detrimental to open space considering where we are located. The power pole that we would like power from has only been in place for two years and is providing power to another house. This residence, according to County Records, does not have a final inspection, but It does have people living in it. There are also power lines running up Charcoal Road that cross the width of your property and service two other houses at the end of Charcoal Road. The power continues up the hill to three other residences, one of which is rented by a MROSD employee. w �► page 2 We would like to make a formal request for power at this time, and ask that the person or persons responsible for making this decision look into this matter personally, and physically look at the location and i circumstances surrounding this matter. If the power pole that was placed two years ago must be removed, we would request that we could run overhead lines from a pole on Charcoal Road that has been in existence for approximately 40 years. i We have included three letters supporting our endeavor. These are the same three letters that we sent to the County when we obtained our permit. We would like to have an answer to our request as soon as possible, because we have germinated seedlings ready for planting into larger pots. We need the power for our water pump and security system. We would also like to request that the area of MROSD land that is presently being used by our neighbors (David Villasenor, 17450 Stevens Canyon Road, 867-5585') be cleaned up, as it is presently being used by them as a driveway, and is piled with debris. It makes your land and our land look bad. There is also damage to the creek bank and erosion under the culvert and our access road. This has been caused by a plywood and visqueen dam built approximately 12 feet down stream from our driveway and located on Midpeninsula's property. If there is a way that we could caretake this lot for MROSD with a minimum of responsibility and no liability, we could see that it doesn't continue to be abused. We feel that this would be in our best interest as well as yours. Sincerely yours, Dan Chambers Diane Chambers California Native Plant Studies enc. California Natipe Plant Studies Dan and Diane Chambers P.O. BoH 967, Saratoga, California 95071 To Santa Clara County Planning Dept . We have seen a need for the preservation of our wildlife heritage in the form of our native plants. Our plans are to grow California native plants in containers on a parcel of land in Stevens Creek Canyon. This area is a good location to provide the right climate for a variety of species. With the recent environmental happenings in California, more extensive use of native plants can be a benefit. Several species have a resistance to fire, and many species have drought tolerance. We plan to donate a variety of the plants that we grow to clubs, schools and organizations, so that more people become aware of the importance of native plants. Sincerely, Dan & Diane Chambers DeAnza College 21250 Stevens Creek Blvd. Cupertino, CA 95014 Douglas T. Cheeseman Jr. Environmental Study Area Arboreteum 24 October 1988 Santa Clara Planning Dept. 70 W. Hedding St. San Jose, Ca. 95110 Dear Planning Dept. Members, Dan Chambers would like to grow native plants to make them available to local nursuries and to Arboreteums, such as we have at De Anza College. Dan has some land in Stevens Creek Canyon which he would like to use to grow natives that require shade such as annuals and perennials from conifer, redwood, and oak-woodland communities. I know that Dan will provide a real service to local nursuries and botanical gardens. There is a real need for people such as Dan Chambers to grow native species. We use the Environmental Study Area Arboreteum at De Anza College for educating the young people in our communilty where native plants grow in abundance. The use of native plants should be encouraged more in the communities because most are very drought tolerant. They require much less watering in the dry season. Unfortunately there are not enough growers of native plants to supply the local nursuries on a large scale. We should encourage anyone interested in growing native plants to sell commercially as Dan Chambers would like to do. I hope that you are able to give Dan Chambers permission to grow natives in containers so that they may be transplanted. I have seen the site that Dan Chambers hopes to use and it will be perfect for growing shade tolerant species of natives. 5 ryly rs, D,. uglas T. h eesema Jr. ' Professor of Biology Director of the Environmental Study Area Foothill DeAnza Community College Distncl • Carman s Nursery i 16201 Mozart Avenue G LOS GATOS, CALIF. 95030 Telephone (408) 356-0119 October 25 , 1988 Mr. & Mrs. Dan Chambers P.O. Box 967 Saratoga, Calif. 95071 Dear Diane and Dan, In reply to your inquiry about growing drought tolerant material, I would suggest that you start with the following species. Most of these are California native plants. Acer truncatum Arbutus menziesii Calocedrus decurrens I Carpenteria californica Fremontadendron Heteromeles arbutifolia Mimulus Prunus illicifolia Quercus agrifolia Quercus coccinea Quercus lobata Quercus suber Romneya coulteri Sequoia gigantea Umbellularia californica Most of these can be started by seed so an elaborate propagating structure will not be necessary. An animal and weatherproof storage building would protect seed and supplies . This would also provide a work area during the winter weather. With the propagation experience that Diane has had, the production of most of these plants should present no particular problems. Best wishes, E ward S. Carman for the unusual EC: ejc 9L I r RITTEN COMMUNICATIONS eeting 89-10 -A�,� U21004. April 26 , 1989 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER.BUILDING C.SUITE 135 201 SAN ANTONIO CIRCLE.MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 April 27, 1989 Dan and Dianne Chambers California Native Plant Studies P.O. Box 967 Saratoga, CA 95071 Dear Mr. and Mrs. Chambers: At its regular meeting last night, the District' s Board of Directors discussed your April 4, 1989 letter concerning access to District land for electrical power to service your adjacent property . You have requested permission to hook u to a power o t P p p pole located on District land adjacent to your property. Unfortunately, PG&E apparently placed that pole there without easement rights approximately two years ago.o.pp y y g As a result, we are in the process of asking them to remove that pole from District property. We r would suggest that you utilize the relocated pole or any other legitimate power source available nearby. If that involves utilizing existing recorded easements over District property, we would not object to your proposal. Because the land is dedicated by the District as open space, it is not possible for us to grant utility or other easements over this land. Did the county require roof of existing utility easements when granting our P g Y g g Y permit? The one-acre wooded District property in question �. n is maintained P P Y 4 exclusively as natural open space except for the passage of a portion of Charcoal Road which crosses the northeast portion of the parcel. We appreciate your informing us of the possible uses and abuses of our land by your neighbor, Mr. Villasenor. Our ranger staff will follow-up on abating those concerns if it is warranted. - -- I Her`..ert GrenCh.General PAanacer.Foard o4;Directors:Katherine buHv.Robert McKihhin To...4ench. u...Urt r­e..f— Rich—A Ri.h., I When these abovementioned concerns are resolved, we would _ certainly consider the possibility of your assistance in helping caretake the adjacent District parcel. I€ you have additional requests or concerns on this matter, I suggest you contact David Hansen, District Land Manager, at the above telephone number. Sincerely, Gerry B Andeen, President Board of Directors GBA/DWHtds cc: Board of Directors D. Villasenor it x M �¢,:Via- .• - _.-•,ter-: _ ._, e �r C '� �,, y1�f• r• ..rJ.,� fM f '. � �, -. - ,. - - .•;;.+.MIIb... -. tee. 1: N' ♦ {... • _ " L / r • 1 - - a �+ r• G t 1 +s y - • t 4 Z 3 Y.. �4 - y� ,t s , ff �is •_+•♦�• N C 4 - f y -7 t 'v ♦ _ _ • Y , _ Y. • ., �• �! ,1,,� '' \ {�) (try �`"o OFFICE OF COUNTY ASSESSOR - SANTA 4LARA COUNTY, CALIFORNIA TWP7s - R2 I u . PAGE 11+ 51 � � S.W. :/11 of the N. E. 1/4 , S EC. 31 FL 1984 IN X•1529620 R.O. S /4I//_T r• 2a9060 17 PSI? 27 tk Al % 26, e oo n 20 I - 200e fVE.V,S' �-N� Io1v IS IICX C o T rli"�. ."o.o �v'L11�` PC S� _J_.f •^vr�i ✓i p 1C / .�L� /J / �/ L n Orb { TI'� '�Z•Ap��,.• I 1.14 ESMT LINE NE O 27 ' 76��Ac R -� I vz i ' 28.9 AC. - REf \ a PCL. A eP��:� ftp '� \ l /j - � _•..,,,� -- �� �'•�" i r i PCL. A .� ! P I `' II 1 �`•�q:� 'a !.7? AC.NET ° • J i 00 fin / ° 740.08 • .. 0 r ryb, �d x,• �J T K ' PCL. B 24 • = u� ,fib/ 9J • o j� Rff 1.78 AC NET tat r c/ 45 SOP!0 1' (?95 4�s 35s•7� �� --_ r. S.c lint --- R.O.S. 224-M-?5 E' X.1529700 P.M. 510 - M - 1 r• 28 7 74o 1 1. - � - - • - • z . ai 3l 44L e '2 T($) NAP 2601 WRITTEN COMMUI- 'ATIONS PROKSED BY STAFF Acknowledge/Respond Meeting 8 9-1 0 Acknowledge/Respond April 26 , 1989 e/Pespond 4195 George Avenue #4 ttached San Mateo California 94403 — state to te Uirected to Prepare Draft Mare4t 12 , 1989 Res?cmse for Board Coasideration per Board Directive(s) Other her Dear Sirs : I want to inform you that I was injured while hiking on Open Space Lands on April 2 , 1989. I had been hiking with a friend on the Los Trancos Preserve and crossed Page Mill Road to hike down Canyon Trail . it was a cool and cloudy afternoon and we were enjoying early wildflowers . We were walking slowly down Canyon Trail . I heard a noise behind me . I remember thinking "Mountain bike" and "Get out of the way ! " I have been overtaken by bikers travelling alone and in large groups . I have had jump out of their path before . I know they often travel very fast and they are unable to stop on downhill slopes . Suddenly I was hit in the back and felt myself being thrown into the ditch along the trail . I remember seeing rocks and blackberry bushes . Then I must have closed my eyes . I next remember my friend calling my name and a terrible pain in my left arm. When I was able to move , my friend assisted me in walking back to Page Mill Road. I was taken immediately to Kaiser Hospital in Redwood City covered with mud and blood . X-rays revealed that my arm and collarbone were not broken, and that I had a minor dislocation of my left shoulder and a badly sprained left wrist . Lacerations on my face , hands , and arms were cleaned and treated . The headaches and pains in my back and chest continued for three days . I returned to work on a part-time basis a few days after the accident but my arm and wrist are still swollen and painful . My left arm is still in a sling. My excellent employee sick leave and medical insurance have minimized my financial losses and I am able to work on a restricted basis at my job. I cannot drive a car . I am unable to do normal "household work. " I have been told by my doctor that I may resume normal activities within a few weeks . My friends tell me that I am lucky the injuries were not worse but to be struck by a man riding a mountain bike while walking on a quiet trail is a very traumatic and painful experience. If you have questions about my experience, you may call me or refer to the report I made to James Boland . I would like to be notified of any hearing at which mountain biking on Mid peninsula Regional Open Space District lands is discussed . Very truly yours, _:' #KRITTEN COMMUNICATIONS Meeting 89-10 , - April 26 , 1989 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C.SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 April 27 , 1989 Hernia James 4195 George Avenue, No. 4 San Mateo, CA 94403 Dear Ms . James : The District ' s Board of Directors reviewed your April 12 , 1989 letter at its Regular Meeting last night. We were alarmed to hear that you were injured by a mountain bicyclist on Canyon Trail. The District is very concerned about the safety of visitors on District preserves and is actively promoting responsible trail use . It is unfortunate that your hike was spoiled by a careless cyclist. The District is developing comprehensive policies that will address all types of trail use. A public workshop on the draft trail use policies is scheduled for May 18 at 7 : 30 P.M. The meeting will be held at the Los Altos Youth Center, One North San Antonio Road, Los Altos . We welcome your participation and wish you a speedy recovery. Sincerely, � �Q Gerry B . Andeen, President, Board of Directors GBA/CB:ds cc : Board of DirectorsaW I R-89-77 (Meeting 89-10 A, April 26 , 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 20 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods , Principal Open Space Planner; C. Bruins, Administrative Assistant SUBJECT: Proposed San Mateo County Planning Commission Policy Regarding Additional Campsites in the County Recommended Action: Request postponement of policy consideration until a meeting can be held with both the San Mateo County Parks and Recreation Commission and the Planning Commission to discuss camping needs , ways they might be met, and role of each agency. Discussion: On March 8 , 1989, the San Mateo Planning Commission reviewed the District ' s applications for architectural review and grading permit for the Skyline Ridge Development Project. During the meeting, there was considerable discussion about increasing camping facilities on District and other park lands . The Commission asked county planning staff to draft a policy that provides for increased campsites in the county. The policy proposed by county staff states that for future park and open space projects , permit applicants would be asked to consider providing camping facilities as part of the proposed project. Such projects would be reviewed by the San Mateo County Parks and Recreation Commission, as well as the Planning Commission. A copy of the county April 12 staff report, including a draft policy, is attached. The discussion at the Planning Commission meeting was triggered by recent events at Cascade Ranch on the San Mateo County coast. The Cascade Ranch controversy centered on a private developer ' s proposal for a camping facility on the property and the need for public camping spaces near the newly acquired state park property. D. Hansen explained that the District ' s basic policy is to limit development on District lands and to encourage more intensive recreation facilities , such as campgrounds , on nearby state and county parks . He told the commissioners that construction R-89-77 Page Two of a walk-in group camp at Skyline Ridge Open Space Preserve is proposed for the next phase of development and that nearby campgrounds, including the District ' s Black Mountain backpack camp and the campground at Portola State Park, were often empty except during the summer months . Some commissioners felt very strongly that the District should provide many more campgrounds on our preserves, including the possibility of those run by private concessionaires. It seemed that the kind of camping envisioned by the commissioners was car or trailer camping. This type of activity is normally found at state or county parks , and not hike-in sites such as our Black Mountain camp. Only San Mateo County' s Memorial Park currently provides family camping. Group camps are available at Huddart and Sam McDonald Parks. No new sites have been developed over the last few years . One site at Pescadero Park is proposed in the most recent Five-Year County Parks Plan. In addition to the proposed policy, relevant material from the 1977 San Mateo County Attitude Survey - Recreation Needs study and from the 1987 state study on Public Opinions and Attitudes on Outdoor Recreation in California is attached and available at the District office. Although these reports show that camping facilities are needed, a more principal need appears to be providing natural, undeveloped open space lands for public enjoyment. The Planning Commission, at our request, postponed their hearing on the draft policy from April 11 until their May 10 meeting to allow you adequate time to review and comment on the matter. The District ' s Basic Policy, Open Space Use and Management Planning Process and Site Emphasis Policy guide the level of development for all of our preserves. The Basic Policy states that the primary purpose of the District is to preserve open space with traditional development of park and recreation areas remaining within the province of the cities and counties. In regards to land management, the Basic Policy goes on to state it is clear that the more funds expended in development of facilities and supervision of public access , the less will be available for acquisition. Initial development will be primarily for low-intensity recreation, such as hiking, riding, grass picnicking, photography, and nature study. The policy also encourages arrangements with other governmental agencies whereby the other agencies will provide some or all development of facilities and supervision of public access . The Open Space Use and Management Planning Process provides the basis for making specific land use decisions on each preserve. It outlines the various elements of a preserve' s Use and Management Plan, describing the existing conditions and typical land uses. In respect to public access facilities, it lists such things as parking, roads, trails , signing, water systems, and restrooms. The Planning Process also addresses developing master plans for a few select sites which lend themselves to higher levels of recreational development and use, or have particularly complex planning issues to be resolved. In these cases, such as has occurred with the formulation of the Skyline Ridge Open Space Preserve Master Plan, the plan involves a more extensive site analysis , a higher level of public involvement, and explores a wider range of recreational development and R-89-77 Page Three land uses. These plans are designed to be implemented over a long period of time, usually providing the more basic elements of access, such as parking and trails, in the first phase of development. The Policy and Plan for the Relative Emphasis of Use, Development and Publicity of District Sites provides for a system of developing preserves for public recreation. The Policy and Plan organizes all of the preserves in a site emphasis spectrum which guides the staff and Board in making decisions regarding such things as the development of recreational facilities. This systematic approach is used because it is neither desirable nor feasible to emphasize each preserve highly. It is important to weigh such factors as carrying capacity, accessibility, budget limitations, and the needs of operations and maintenance to provide high quality stewardship in determining the scope of each preserve' s use and management plan. Additionally, in the Guidelines for Site Development which part of the Policy and Plan for Relative Site Emphasis, the upper and lower limits of recreational development are outlined. It states that this level of development shall be consistent with existing District land use policies whereby there is particular concern for site protection and for uses which are compatible with the resource. These uses usually are relatively passive in nature and include hiking, equestrian use, grass picnicking, photography, nature study, educational use, and agriculture. Higher levels of use are not provided because open space lands are protected as part of our natural heritage and, as such, do not lend themselves to intensive recreational development which is provided by state, county, and city parks. This more intensive development obviously includes camping. In summary, it is important to recognize the District' s mission is one that has been carefully designed to complement existing agencies and organizations involved in park and open space preservation and management. Each of these agencies and organizations, including the federal, state , regional, cities , and conservation organizations have their own policies and plans that together make their mission slightly unique. Those entities with which the County of San Mateo interface are all assisting in meeting the goals and needs of the community in different ways. The District has taken great steps in meeting one of the highest recreational needs in the county by providing undeveloped open space lands for public enjoyment. It is apparent that each agency and organization should not be expected to fulfill all types of recreational needs of the county and should not be directed to do so. This type of direction would only interfere with each agency's individual missions. Instead, it seems more advantageous to encourage the County to work with each agency in trying to achieve the best regional park and open space system while recognizing and respecting their individual missions. -------------------- Item 4 COUNTY OF SAN MATEO PLANNING AND DEVELOPMENT DIVISION Date: April 12, 1989 To: Planning Commission Fran: Planning Staff Subject: Consideration of a policy regarding the provision of overnight camping facilities PPIOPOSAL Require that staff discuss with applicants for park and open space projects the need to provide overnight camping spaces in those projects. PE<v0',1MEND"r;TION 7^at the Planning Commission review and dis-cuss the proposed policy, atfopt it, and direct staff to implement it. '-CKGROUND ~:-: your meeting of March 8, 1989, your Commission reviewed a project -Ircposed by the Midpeninsula Regional Open Space District. That project 4n,"olyed i- -'�he District' s Skyline Ridge Open Space Preserve, and included rUJIMber of improvements which provided daytime access -to the Preserve 1,�,,r the public. Examples of these improvements are a nature center, 7 , parking for both cars and horse trailers, and hiking trails. The t'4strict did not, however, include any overnight camping facilities in its request at this time, but did indicate that some camping spaces are to be included in a future development phase. In discussing this project, your Commission recalled the need expressed -by_-the-- p.ub-lic for camping spaces at the Cascade Ranch. In addition, V-' felt L. L` -here was a need for camping facilities in areas of the County cu other than the coastside. You directed staff (4-0) to return with a policy which would require applicants for park and open space projects to consider including camping facilities in those projects. GENERAL PLAN DIRECTION Policy 6.47 of the Park and Recreation Element of the General Plan is as follows: Role of the Midpeninsula Regional Open Space District encourage the Midpeninsula Regional Open Space District to acquire, protect, and make available for public use open space lands in rural areas and open space of regional significance in urban areas in coopera- tion with .San Mateo County. This policy calls upon Midpeninsula to open their lands to public use but does not require camping facilities to be placed on those lands. Staff, therefore, believes that your Commission could request Midpeninsula to consider building campgrounds but could not require the District to do so. Your Commission should also consider the advice of the Parks and Recreation Commission in this matter. The Parks Commission is appointed by the Board of Supervisors to oversee the operation of the County-owned park facilities and to address the park and recreation needs of County residents. The General Plan indicates that it is the Parks Commission that has primary responsibili-ty. for implementing most of the park and recreation policies in the Plan. The proposed policy below therefore specifies a- role for the Parks and Recreation Commission in reviewing projects for campground suitability. SUGGESTED POLICY To implement your direction, staff recommends that your Commission adopt the following policy: Before bringing appropriate park an& open space projects to the Planning Commission for decision, Planning staff shall discuss with the applicants for such projects the ability of the applicant to provide overnight camping facilities in the proposed project. In addition, Planning staff shall refer such proposals to the County Parks and Recreation Commission for that Commission' s review, comment and advice. Recommendations of the Parks and Recreation Commission and the results of staff discussions with the applicants shall be included in the staff report to the Planning C 0 mi M i s s i 0 n. -2- r ..... ,.. �--n _ _ _ _ •.tee,:y.+.r.r'�r�r-x. .�.`.. -. �L r0 9 sa •` - PARKS AND rr �lATEO co. `k � ` ATTITUDE SURVEY RECREATION NEEDS PARKS & REC ELEMEPIT OF GENERAL RECREATION TION PLAN, 1977w fl I-1 �'1 r �Y ?z 4aa"f `,' '+•r f- ELEMENT. � �±)fy+ "�','�;�,'K",�'."'�...:�i�tA�� �., :c �����s'a�d•g��k�c���.12'$L'ti"1Ld1� f� � - } U SURVEY, RECREATION NEEDS , t .3 ' Approved by r,- Parks and Recreation Commission Planning Commission , � Y�.. May 26; 1977 } r � k r T , N e � , w �•^f ;V.:. 1 .'.R #y SAN DEPARTMENT -MATEO COUNTY - ` OF. ENVIRONMENTAL MANAGEMENT . PLANNING DIVISION. y r 5 GENERAL CONCLUSIONS The following tables show that the residents of San Mateo County tend to be in agreement in their attitudes toward parks and recreation. Listed below are some important facts which have been extracted from the Tables. The Tables are preceded by the questions asked in the Survey. o A majority of respondents enjoy activities such as going to the beach, visiting natural open space areas, picnicking and swimming. (Table 1) o The activities which have the highest average yearly participation rates are swimming, playing tennis, and playing group games. (Table 2) o More than 50 percent of the respondents feel that enough facilities are provided for their recreational needs. (Table 3) o When respondents were asked if there were enough facilities for the activities in which they participated, the highest percentage said that there were not enough natural open space and overnight camping a c i l i t i e s. (Tab 1 e 3) "`�-i--- ------ o If enough nearby facilities were available, the activities which would have the highest yearly participation rates would be playing _golf, swimming, and playing tennis. (Table 4) o Ninety-one percent of the respondents have visited a public park or historical site located in San Mateo County. (Table 5) o When asked why they had never visited a public park in San Mateo County, a little more than 25 percent of the respondents replied that they were too busy and did not have time. (Table 6) o Of the respondents who have visited County operated parks, the greatest number have been to Coyote Point. (Table 7) o Respondents averaged 10 visits to County operated parks and historical sites over the past 12 months. (Table 8) o Approximately 17 percent of the respondents who have visited San Mateo County operated parks and historical sites had not done so in the last 12 months. (Table 8) o The highest percentage of respondents (29.2 percent) who had never visited a County operated park or historical site had not done so because they were new to the area. (Table 9) o When a�sketLh -Co-unty fund�shQ_ be spent, nearly_ half of the respondents t_a�j get r i or i y on__proy i ding,a fd i t�_ana 1 facilities an p, ing-exis,ti gffad._LLt.iestb.aA_on_acquirin -nev arklands, j able 10) . Nowevec.,.when-as.keo,,_sj.M l.a -que.st.ions,w_i t-hput any half reference_ o_financialconcerns, one half of the respondents expressed_._d ....r,,. .... 'w �M - 4 - s a desire for more parks for active recreation while two thirds wanted more natural open sace�arkl� ands. Tables 11 and 12� o More than 75 percent of the respondents think parks are located close enough to adequately serve their recreation needs. (Table 11) . However, over half of the respondents want more facilities for active types of recreation. (Table 11) o An overwhelm* p..gndents (94.8 percent) said that the y,r .about..tla n1c-,value-and bed t e ounty s park- lands.„ (Table 11) _ o Almost half of the resDondents 8. 1 percent) said that there s ould ar--4 ban areas on ' li B"aysd"e of ilie—County. Table 12) E I 3 S t fi di N {1 9� _ 5 �, TABLE 3 TABLE 4 Q.3 - Of the recreational activities In Q.4 - Assuming that adequate nearby facilities were which you participate, which are available, please give me your best estimate those for which not enough of how many times you would participate In any facilities are available? of the following? AVERAGE PAR- MEDIAN TICIPATION RATE PARTICIPATION TOTAL TIMES/YEAR) RATE BASE TOTAL SAMPLE 917 100.0% GOING TO NATURAL OPEN SPACE 143 PLAYING GOLF 106 58 AREAS 15.6% OVERNIGHT CAMPING 136 SWIMMING 83 52 14.8% SWIMMING 109 PLAYING TENNIS 83 -- 11.9% PLAYING TENNIS 101 DRIVING OFF-ROAD VEHICLES 55 42 ►1.0% PICNICKING 100 GROUP ACTIVITY GAMES 54 38 10.9% GOING TO NATURE EXHIBITS 99 GOING TO THE BEACH 40 24 AND MATURE TRAILS 10.8E HIKING 91 HIKING 37 20 9.9% FISHING 82 GOING TO NATURAL OPEN SPACE 8.9% AREAS 33 20 HORSEBACK RIDING 64 FISHING 31 13 7.0% DRIVING OFF-ROAD VEHICLES 63 BOATING ON THE OCEAN 25 6 6.9% r GOING TO THE BEACH 63 HORSEBACK RIDING 24 12 6.9% GROUP ACTIVITY GAMES 62 PICNICKING 22 12 6.8% BOATING ON THE BAY 48 BOATING ON THE BAY 22 12 5.2% PLAYING GOLF 46 GOING TO NATURE EXHIBITS 5.0% AND NATURE TRAILS 18 12 BOATING ON THE OCEAN 21 OVERNIGHT CAMPING 16 10 2.3% NONE OF THE ABOVE 471 51.4% _ 7 _ 1 �j « 9' TABLE 14 ' Q.3 - Of the recreational activities In which you participate, which are those for which not enough facilities are available? jE Q.4 - Assuming that adequate nearby facilities were available, please give me your best estimate of how many times you would participate to any of the following activities? ----------GEOGRAPHIC AREA----------• HOUSEHOLD SIZE MID- SOUTH NORTH BAY- SAY- COAST 5 OR TOTAL COUNTY SIDE SIDE SIDE 1-2 3-4 MORE i BASE TOTAL SAMPLE 917 349 263 275 30 424 340 148 100.0E 100.0E 100.0E 100.0E 100.0E 100.0E 100.0E 100.0% GOING TO NATURAL OPEN 143 42 39 60 2 54 65 24 SPACE AREAS 15.6E 12.0E 14.8E 21.8E 6.7E 12.7E 19.1E 16.2E (33)°` (30) (28) (40) (12) OVERNIGHT CAMPING 136 63 36 31 6 40 63 33 14.8E 18:1% 13.7E 11.3E 20.0E 9.4% 18.5E 22.3E (16) (16) (15) (16) (6) SWIMMING 109 33 36 36 4 29 56 23 11.91 9.5E 13.7E 13.1E 13.3E 6.8E 16.5E IS•SE (83) (90) (109) (56) (31) PLAYING TENNIS 101 32 28 37 4 35 50 i6 11.0E 9.2% 10.6E 13.5% 13.3E 8.3E 14.7E 10.8E (83) (71) (127) (63) (68) ( `' PICNICKING 100 38 21 38 3 35 43 22 10.9E 10.9E 8.0E 13.8E 10.0E 8.3E 12.6E 14.9E k' (22) (18) (29) (20) (43) GOING TO NATURE EXHIBITS 99 33 22 41 3 31 43 25 AND NATURE TRAILS 10.8E 9.5% 8.4E 14.9E 10.0% 7.3E 12.6% 16.9E (18) (21) (24) (14) (13) HIKING 91 28 23 36 4 34 41 16 9.9% 8.0E 8.7E 13.1% 13.3E 8.0E 12.1E 10.8E (37) (32) (33) (40) (55) FISHING 82 26 17 39 25 34 23 8.9E 7.4E 6.5E 14.2E 5.9% 10.0E 15.5E (31) (45) (33) (20) HORSEBACK RIDING 64 19 18 26 1 19 29 16 7.0E 5.4E 6.8E 9.5E 3.3E 4.5E 8.5E 10.8% (24) (22) (i7) (29) (24) DRIVING OFF-ROAD 63 17 23 22 1 15 32 16 VEHICLES 6.9% 4.9E 8.7E 8.0E 3.3E 3.5E 9.4E 10.8E (55) (73) (50) (45) (52) GOING TO THE BEACH 63 18 22 20 3 24 24 15 6.9E 5.2E 8.4E 7.3E 10.0E 5.7% 7•IE 10.1E (4D) (30) (56) (28) (74) GROUP ACTIVITY GAMES 62 25 10 25 2 22 28 12 6.8E 7.2E 3.8E 9.1E 6.7E 5.2E 8.2E 8.1E (54) (77) (41) (35) (81) BOATING ON THE BAY 48 11 15 22 15 18 15 r 5.2E 3.2E 5.7E 8.0E 3.5E 5.3% 10.1E (22) (19) (43) 0 0) PLAYING GOLF 46 7 16 20 3 23 17 6 5.0E 2.0E 6.1E 7.3E 10.0E 5.4E 5.0E 4.1E (106) (126) (109) (105) (55) BOATING ON THE OCEAN 21 6 6 8 1 5 8 8 2.3E 1.7E 2.3E 2.9E 3.3E 1.2E 2.4E 5.4E (25) (18) (60) (5) (10) NONE OF THE ABOVE 471 197 137 127 10 250 154 63 51.4E 56.4E 52.1E 46.2E 33.3E 59.0E 45.3E 42.6E * The figures in parentheses refer to the average number of times anticipated participation " In this activity would take place given nearby facilities. I * I d 7 � N - 14 - a fi { &yy d PUBLIC OPINIONS AND ATTITUDES ON OUTDOOR RECREATION IN CALIFORNIA - 1987 September 1987 y George Deukmejian Gordon K. Van Vleck Governor of California Secretary for Resources i Henry R. Agonia Director Department of Parks and Recreation State of California - The Resources Agency Department of Parks and Recreation P. 0. Box 942896 Sacramento, CA 94296-0001 An Element of the California Recreation Plan 0, Y i I . EXECUTIVE SUMMARY Because of a lack of current information for planning and decision making, the California Parks and Recreation Department commissioned a study to determine the opinion of the California public with respect to various outdoor recreation matters. Specifically, this study identifies public attitudes, opinions and values with respect to outdoor recreation in California and the demand for and current participation in 38 selected types of outdoor activities. In the course of the study, 2, 142 California households were interviewed at random by telephone. These interviews lasted roughly 15 minutes . In addition, these households were asked to complete a mail questionnaire which addressed subjects that could not be considered by a telephone survey. The two mailings of this questionnaire resulted in 971 completed mail interviews . Major findings of the study include but are not limited to the following: 0 The majority of Californians consider themselves outdoor persons (56. 8%) • Roughly two-thirds of Californians consider public park and recreation areas important or very important to their life-styles 0 Roughly 63 percent of Californians are satisfied with the public parks and outdoor recreation opportunities available to them W + Y Highly developed parks and recreation areas are visited the most often ; however, nature-oriented parks or re- serves are the preferred type of outdoor recreation areas • In terms of general attitude, Californians strongly agree (76%) that protection of the natural environment is important for outdoor recreation, closely followed by preservation of natural areas for use by future generations (75%) • Californians participate in a wide range of outdoor activities with varying degrees of avidity ; such as walking (77%) , driving for pleasure (76%) , and visiting museums, zoos, historic sites and aboretums (72%) • Conservatively, Californians spent a billion participa- tion days in outdoor recreation in 1986 0 Based on latent (unmet) demand and public support, Californians believe that eight outdoor recreation ac- tivities should have top priority for the expenditure of public funds: walking, bicycling, camping in devel- oped sites with tent or vehicle, birdwatching/general nature study/visiting natural areas, picnicking in de- veloped sites, beach activities, outdoor cultural events, and visiting museums/zoos/historic sites e Californians tend to support funding park and recrea- tion areas through "sin" taxes and increased fees for special facilities while opposing increases in general forms of taxation i a Increased entrance or user fees found its strongest }; support (68%) when the money is used only at the park t{ where it was collected e In light of tight budgets, almost three-fourths of Californians believed spending should be increased for the protection and management of natural and cultural resources. Increasing the protection of scenery and the natural environment was strongly supported by three-fourths of the respondents s In terms of equity, Californians believe that higher priority by park and recreation agencies should be given to areas where existing facilities are most heavily used e Californians tend to support the concept of using un- paid private citizens as park volunteers (85%) . Of those individuals who had not volunteered, almost 64 percent indicated they would consider volunteering iv 0 The majority of respondents indicated that it was appropriate for private firms to provide services in public parks'; however , almost three-fourths (72%) did not believe private firms should be allowed to under- take the total operation and management of a public park or recreation area 0 When park and recreation issues are involved, Califor- nians are undeniably more similar than different ; regardless of income, education, geographic location or gender, Californians tend to be much more alike in their opinions/attitudes and outdoor activities than different 0 In terms of their desire for additional recreation opportunities and their support for government funding of appropriate facilities, Californians - when examined in a wide range of socio-economic categories - appear to be more alike, than different in their views. Further information on any aspect of this study may be obtained from: Manager Statewide Planning Section California Department of Parks and Recreation 1416 9th Street Sacramento, CA 95814 Table 16 ATTITUDES TOWARD CHANGES TO PARK AND RECREATION SERVICES Strongly Strongly Disapprove Approve Category 1 2 3 4 5 a. Increasing the protection of 2.1% 2.6% 5.7% 14.6% 75.0% scenery and the natural environment b. Providing more recreation facilities .6 2.4 10.4 15.0 71.6 and better access for disabled persons c. Increasing the protection of areas of 2.0 2.1 12.0 15.8 68.2 ,' historical or archeological importance d. Providing stronger enforcement of 2.6 3.6 12.8 14.6 66.5 laws and regulations which deal with public use- and behavior in parks and recreation areas e. Providing more programs for senior 2.6 3.8 13.1 20.1 60.4 citizens in parks t f. Developing more riding and hiking 3.3 3.5 12.9 23.6 56.7 trails where no vehicles are allowed 4" g. Developing more children's playgrounds 4.6 3.7 15.4 20.2 56.1 h. Providing more open space in 3.4 2.9 16.0 22.7 55.0 urban areas i. Providing more educational programs 4.5 4.2 17.3 20.5 53.4 and services in park areas 41 j. Developing more local community parks 5.1 3.7 17.5 23.1 50.6 k. Developing more bicycle paths 5.9 6.1 19.8 18.3 49.9 1. Providing more picnic areas 3.4 4.0 19.8 23.1 49.7 m. An increase in the number of 12.1 7.0 14.5 19.4 47.0 wilderness areas where no vehicles or developments are allowed n. Providing more public transportation 8.7 6.6 18.0 19.4 46.9 . to parks and recreation areas o. Construction of more rimitive ca 7.5 9.5 17.7 20.8 44.5 grounds with picnic tables, cold water, pit toilets, etc. E 38 Table 16 (continued) Strongly Strongly Disapprove Approve Category 1 2 3 4 5 p. Providing more active sports facil- 6.7 9.0 25.2 15.6 43.6 ities, such as baseball diamonds, tennis courts, etc. q. Construction of more developed 7.9 7.7 25.8 15.4 43.2 ° campgrounds with flush toilets, hot showers, etc. r. Providing more organized recreation 5.0 8.2 25.0 18.7 43.1 programs in parks s. Providing more full hookup campsites 16.8 12.4 20.4 16.3 34.0 with water and electricity connec- tions for recreational vehicles t. Developing more marinas 13.4 14.2 27.1 17.5 27.7 u. Increasing public access to 23.3 14.1 25.2 12.3 25.0 primitive or backcountry areas v. Developing more centers pertaining 12.2 14.1 34.4 14.3 24.9 to horsemanship w. Provide more places for the legal 45.5 16.4 14.8 7.2 16.2 use of off-road vehicles such as motorcycles x. Providing more hotels, motels, res- 43.9 20.5 13.5 7.3 14.8 taurants, gas stations within public park and recreation areas Source: CIC Research, Inc., 1987. 39 f Table 12 NEEDS ASSESSMENT Activity Priority OPEN AREAS AND UNDEVELOPED PARKS 01 Walking (excluding trail hiking) 1 02 Bicycling 1 i 03 Jogging and running g t 04 Driving for pleasure 4 BACKCOUNTRY AND NATURAL AREA ACTIVITIES 05 Horseback riding 8 06 Hunting 9 07 Camping in developed sites with tent or vehicle 1 08 Camping in primitive areas and backpacking 2 09 Trail hiking and mountain climbing 4 10 Birdwatching, general nature study, visiting natural areas 1 DEVELOPED RECREATION AREAS AND FACILITIES 11 Use of open turf areas for casual and unstruc- tured activities like games, sitting sunning 2 ` 12 Use of play equipment, tot-lots 7 13 Picnicking in developed sites 1 14 Softball and baseball g 15 Basketball g 0 16 Football g 17 Soccer g 18 Golf g 19 Tennis 9 20 Swimming (in pools ) 4 21 Target shooting, including pistol and skeet g WATER-ORIENTED ACTIVITIES 22 Beach activities, including sunning and games 1 23 Swimming in lakes, rivers, and the ocean (not in pools) 4 24 Surfing 9 25 Sailboating and windsurfing g 26 Kayaking, rowboating, canoeing and rafting 9 27 Power boating g 28 Water skiing g 29 Fishing - saltwater g 30 Fishing - freshwater 3 WINTER ACTIVITIES 31 Downhill (alpine ) skiing g 32 Cross-country skiing g 33 Other winter sports activities - ' sledding, snow play, ice skating g x� 29 r tF E Table 12 (continued) Activity Priority OFF-HIGHWAY VEHICLE RECREATION 34 Motorcycles, dirt bikes, ATV's, dune buggies 9 35 4-wheel drive vehicles 9 CULTURAL AND SPECTATOR ACTIVITIES 36 Attending sports or athletic events, professional or amateur 8 37 Attending outdoor cultural events, like concerts, theater , etc. 1 es arboretums 1 i 38 Visiting museums, zoos, historic sites, arbor Source: CIC Research, Inc . , 1987. Classification Scheme Public Support Unmet Demand High Moderate Low 1 3 6 High Moderate 2 4 8 Low 5 7 9 41 30 1 � I 4 Table 15 t SPENDING CHANGES °LL 1 ` Increased Remain Decreased Category Spending the Same Spending Protection and management of the park 's natural and cultural resources 71. 6 26.9 1. 5 r Modernizing and improving E existing facilities 57. 8 35. 0 6. 4 Maintenance of existing facilities 54. 6 43.5 1. 9 Providing educational and ,p activity programs for visitors 47.9 43. 5 8. 6 Buying additional land for park purposes 45. 5% 41.7% 12. 8% .� Building ildin new facilities 42.0 45.0 13. 0 a Source : CIC Research, Inc. , 1987. ' 1 i I' 1 I i I ' 37 Table 10 LATENT DEMAND ti High/ Index Moderate/ Activity Number Low OPEN AREAS AND UNDEVELOPED PARKS O1 Walking (excluding trail hiking) 15. 11 high 02 Bicycling 11. 62 high 03 Jogging and running 3.75 low 04 Driving for pleasure 8. 13 moderate BACKCOUNTRY AND NATURAL AREA ACTIVITIES 05 Horseback riding _r 7. 98 moderate 06 Hunting 3. 30 low 07 Camping in developed sites it with tent or vehicle 18. 37 high 08 Camping in primitive areas and backpacking 8. 50 moderate 09 Trail hiking and mountain climbing 8. 40 moderate 10 Birdwatching, general nature study, visiting natural areas 10 . 21 high DEVELOPED RECREATION AREAS AND FACILITIES 11 Use of open turf areas for casual and unstructured activities like games, sitting sunning 8. 50 moderate 12 Use of play equipment, tot-lots 4.91 low 13 Picnicking in developed sites 11. 46 high 14 Softball and baseball 2. 13 low 15 Basketball 2. 94 low 16 Football .44 low 17 Soccer 1. 54 low 18 Golf 4.00 low 19 Tennis 2. 64 low 20 Swimming (in pools) 6. 93 moderate 21 Target shooting, including pistol and skeet 3. 23 low s WATER-ORIENTED ACTIVITIES 22 Beach activities, including sunning and games 10 . 07 high 23 Swimming in lakes, rivers, and the ocean (not in pools ) 9. 40 moderate 24 Surfing . 39 low 25 Sailboating and windsurfing 3.03 low 26 Kayaking, rowboating, canoeing and rafting 2. 48 low 27 Power boating 2. 16 low , 28 Water skiing 3.03 low 41 29 Fishing - saltwater 3. 44 low 1 30 Fishing - freshwater 10 . 10 high 24 Table 10 (continued) f High/ Index Moderate/ Activity Number Low WINTER ACTIVITIES 31 Downhill (alpine ) skiing 3.40 low 32 Cross-country skiing 1. 76 low 33 Other winter sports activities - sledding, snow play, ice skating 1. 44 low OFF-HIGHWAY VEHICLE RECREATION 34 Motorcycles, dirt bikes, ATV's, dune buggies 3. 30 low 35 4-wheel drive vehicles 2. 04 low CULTURAL AND SPECTATOR ACTIVITIES 36 Attending sports or athletic events, professional or amateur 6. 69 moderate 37 Attending outdoor cultural events, like concerts, theater, etc . 12 . 68 high 38 Visiting museums, zoos, historic sites, arboretums 16. 12 high 1 Source: CIC Research, Inc . , 1987. 25 r Table 11 PUBLIC SUPPORT High/ Index Moderate/ Activity Number Low OPE14 AREAS AND UNDEVELOPED PARKS 01 Walking (excluding trail hiking) 15. 54 high 02 Bicycling 11. 11 high 03 Jogging and running 4. 70 low 04 Driving for pleasure 5. 22 moderate BACKCOUNTRY AND NATURAL AREA ACTIVITIES 05 Horseback riding 2. 70 low 06 Hunting 3. 35 low 07 Camping in developed sites with tent or vehicle 25. 50 high 08 Camping in primitive 13.02 high 9 areas and backpacking ar 09 Trail hiking and mountain climbing 8. 84 moderate 10 Birdwatching, general nature study, visiting natural areas 10. 97 high DEVELOPED RECREATION AREAS AND FACILITIES 11 Use of open turf areas for casual and unstructured activities like games, sitting sunning 12. 60 high 12 Use of play equipment, tot-lots 9. 42 moderate 13 Picnicking in developed sites 14. 22 high 14 Softball and baseball 1. 60 low 15 Basketball 1. 77 low , 16 Football . 42 low 17 Soccer 1. 36 low 18 Golf 2. 91 low 19 Tennis 1. 28 low 20 Swimming (in pools) 6. 71 moderate 21 Target shooting, including pistol and skeet 2. 53 low WATER-ORIENTED ACTIVITIES 22 Beach activities, including sunning and games 11. 28 high 23 Swimming in lakes, rivers, and the ocean (not in pools) 9. 24 moderate 24 Surfing . 22 low 25 Sg ailboatin and windsurfing .52 low 26 Kayaking, rowboating, canoeing and rafting 1. 11 low 27 Power boating 1. 43 low 28 Water skiing .91 low 29 Fishing - saltwater 2. 86 low 30 Fishing - freshwater 8. 53 moderate - I 26 Table 11 (continued) High/ Index Moderate/ Activity Number Low WINTER ACTIVITIES 31 Downhill (alpine) skiing 1.09 low 32 Cross-country skiing . 77 low 33 Other winter sports activities - sledding, snow play, ice skating 1. 39 low OFF-HIGHWAY VEHICLE RECREATION 34 Motorcycles, dirt bikes, ATVs, dune buggies 3. 10 low 35 4-wheel drive vehicles 1. 84 low CULTURAL AND SPECTATOR ACTIVITIES 36 Attending sports or athletic events, professional or amateur 3. 47 low 37 Attending outdoor cultural events, like concerts, theater, etc . 11 . 36 high 38 Visiting museums, Zoos, historic sites, arboretums 16. 63 high i Source: CIC Research, Inc . , 1987. I 27 R-89-69 (Meeting 89-10 April 26 , 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 13 , 1989 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Annexation of Former Stanford University Property Portion of Russian Ridge Open Space Preserve Recommended Action: Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Annexing Certain Property to the Midpeninsula Regional Open Space District (Midpeninsula Preserves 1989 - Russian Ridge) Discussion: On January 25, 1989 you initiated annexation procedures for the 145 acre parcel acquired by the District from Stanford University et al . (see attached report R-89-13 dated January 10 , 1989) . The proposed annexation was referred by the Santa Clara County Local Agency Formation Commission (LAFCO) to the San Mateo County LAFCO for review and comment. On February 15, 1989 San Mateo County LAFCO recommended approval on a 4 to 0 vote. On April 12 Santa Clara County LAFCO approved the proposal unanimously and sent the matter back to you as the conducting authority, authorizing you to proceed without notice and hearing. Nonetheless , the matter is being placed on the agenda notice as a public hearing. f i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ANNEXING CERTAIN PROPERTY TO THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MIDPENINSULA PRESERVES 1989 - RUSSIAN RIDGE) WHEREAS, the Midpeninsula Regional Open Space District filed with the Local Agency Formation Commission, County of Santa Clara, its Resolution No. 89-17 requesting initiation of annexation procedures of District property, listed as San Mateo County Assessor ' s Parcel No. 80-281-010 as shown on Exhibit "A" affixed hereto, to the Midpeninsula Regional Open Space District; and WHEREAS , at the time and in the form and manner provided by law the Local Agency Formation Commission of said County has made its determination, by its Resolution No. 89-08 , dated April 12, 1989 , that said annexation is proper and that proceedings may be conducted by the Board of said District without notice and k hearing, or election, or both; and r , WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District nonetheless held a Public Hearing noticed in advance in its publicly distributed agenda; and i WHEREAS, all of said property is owned by the Midpeninsula Regional Open Space District, and the Board of Directors of the Midpeninsula Regional Open Space District consents to the annexation; and WHEREAS , the Board of Directors has found that it is in the best interests of both the District and the land that said annexation should occur; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District that the property described on Exhibits "A" and "B" attached hereto and made a part hereof is hereby annexed to and made a part of the Midpeninsula Regional Open Space District. EXHIBIT A *, T7Sp R3W/ r•�j,,a r; •�tp�;I", Yp y�J RIDGE soU..EARY CENTERLINr s� C.S .P• ALP I NE RD. 7-7-76 .2D7 ft ��12 -- y \ ` --- a G .. ................................ ... �U y R=S. 22-52 RcS. 76-16 ON, 7-7-76 J n�14 80-281-010 � RSKYLTNE ID"� = ;f O.S .P. P. J a r .L. So LIr1 KW 1/4 SEC 21 -M ROAD BOUT; : y 's 5 �,2 zip LOC: T I ON' HAP 1;1 i"!OR T H _ SCALE 1" _ APPROX. 1000' .j \i}r!o`� P~7a• �•�'+'?`."' 7_trJ �,', "1.1-Sf+' "L1, ..�_. r...� a.a- err -.��'� f's IGs •��:f�L, -'ie.,,�. �t � � A:•os __ Y!Vim•~ 1 "".t. �, i �� � +: � PROPOSED ANNEXATION yM E s_ . __, ZT PROPERTY f.N,,M% .,:s�Mr-, _ TO. MlDPL,'\ T\ -UUk REGl0Wr1L OPE' •S 1?ta:.n, •,.. �. SPACE DISTRICT Syr;.'E iC•ya.J•--__ ,� Y.CI Mt:1++! ' ._! _ C.lE�! ENTITLED: NSIDNINSULA ILI r,+vo -- l \y' .EIFN PnESE2 n.S 19�3 - RUJSIAN RIDG7 DATE: z 5, 19 8 9 '- --- EXHIBIT B Proposed Annexation L*Ii-peninsula- Preserves 1989 Russian Rid e, DESCRIPTIL-ON T':'T CEP,-- 7�1 REAL PROPERTY situated in the County of Scan Mateo, State of Cali-ornia, described as follows : B:D g a portion of the llorth,,,iest ',*Ij of Section 21, Township 7 South, Range 3 alount Diablo Base and Meridian, more particularl.v described as at the Southwesterly corner of said 11 W i!, of Section 21 (said P-04 -- Of Beginning also being a point in the boundary of Nidpeninsula D- D-1 Open S'--pace District adopted Noveraber 10 , 1952 , bY Resolution No. 82-:-: -7 .', , and running thence Northerly along the I'lesterly boundary of said lin- (-and District boundary) to the Northwesterly corner of said ,- �'-- on 21 (s-aid point also being a point in the of said District on July 7 , 1976 by Resolution 71,41o. 76-16) ; thence Easterly said D4s-r4ct boundary and the Northerly lino of sa' d Section 21 to ::�-terline of :%Ipine Road; thence Southerly along S, 4 aid centerline and C1:11-.- --� — 'Ion- said District boundary to the Southerly line of saicl Ij 11 3 4 on 21 ; thence, leavip-g- said DI strict ha r iii "jay a ni ri,.nn. g --d Sout:he-rly line to the Point oi. Beglliin"-ng . d� — t � R-89 13 (Meeting 89-02 January 25, 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT January 10, 1989 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Proposed Annexation of Former Stanford University Property Addition to Russian Ridge Open Space Preserve Recommended Action: Adopt the attached Resolution of the Board of Directors of the Mid- peninsula. Regional Open Space District Requesting Initiation of Annexation Procedures by the Santa Clara County Local Agency Formation Commission (Midpeninsula Preserves 1989 - Russian Ridge) . Introduction: On September 14 , 1988 escrow closed on the 145 acre Stanford University et al . property addition to Russian Ridge Open Space Preserve (see report R-88-86 dated July 19 , 1988) . This property is within the District ' s sphere of influence and is contiguous to but just outside the District ' s boundary. As for similarly situated acquisitions , the property should be annexed to the District. Discussion_: As in the previous cases , annexation to the District would obviate potential challenge to the enforceability of District ordi- nances on the basis of the land being outside District boundaries. Annexation would also place District-owned land within District boundaries , as would normally be expected in the long term. The Santa Clara Count Local Agency Formation Commission LAFCO will Y g Y (LAFCO) first forward the application to San Mateo County LAFCO for review and comment . Then, if Santa Clara County LAFCO approves the annexation, the matter will be returned to you for a hearing and final decision. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENIK- SULA REGIONAL OPEN SPACE DISTRICT REQUESTING INITIATION OF ANNEXATION PROCEDURES BY THE SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION (MIDPENINSULA PRESERVES 1989 - RUSSIAN RIDGE) WHEREAS, the Midpeninsula Regional Open Space District has acquired a parcel of property contiguous to District boundaries listed as San Mateo County Assessor' s Parcel No. 80-281-010 , as shown on Exhibit A affixed hereto, and WHEREAS , this land along with other District lands , is acquired, operated, and controlled by the District for public use, enjoyment, and benefit, and WHEREAS, on January 25, 1989 the Board of Directors of the Midpenin- sula Regional Open Space District considered this matter at a publicly noticed meeting at which the public had an opportunity to speak, NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Mid.p-eninsula Regional Open Space District does request initiation of annexation proceedings by the Santa Clara County Local Agency Formation Co7.-ission of the land shown on Exhibit A. BE IT FINALLY RESOLVED that the General Manager is authorized to su�mit the application to the Santa Clara County Local Agency Formation Co.--.-ission and is designated as the District ' s representative in the annexation proceedings. $r r' r EXHIBIT MIDPENINSULA REGIONAL OPEN SPACE DISTP,ICT`% ` >> Loti t ancos °O PROPOSED ANNEXATION: RUSSIAN RIDGE OPEN SPACE PRESERVE - 1989 G �/ r. /a •��•'j PROPOSED AREA OF ANNEXATION MROSD LANDS vz��0 \\ ........ MPOSD BOUNDARY 1 S /" SPHERE OF INFLUENCE SCALE 1"=2000' NORTH y J 1� COAL CREEK �.��ac��. � f ,�j =x�;• x' J ���11`, r�r OPEN SPACE PRESERVE /�"-� •. F\ �` �1 �1. y Tracks i _ � 1. � �1. 1 ...� >ty II r •1�—��.i-�� (' .. .. :.:,. xgg: w.s5c...�• LOS TRANCOS ; OPEN SPACE PRESERVE { a• IyT MONTE BELLO OPEN SPACE PRESERVE r RUSSIAN RIDGE . : OPEN SPACE PRESERVE 1 . - w ego E x E; t - F D SKYLINE RIDGE OPEN SPACEPRESERVE y ►wcw l IV E 4 r s PROPOSED ANNEXATION i'7 �..'�.� - `` - „-\ - r� lrl •�,1 � f i--� —�*.!��1�-.i8bp�..,� J t s� r>'�y w�o�e,�e,'s.:y�;'�; �i��,'�,�.i f` 11 R-89-71 (Meeting 89-10 April 26, 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 17, 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert, Open Space Planner; C. Bruins, Administrative Assistant SUBJECT: Final Adoption of the Preliminary Use and Management Plan for the Redwood Park Tax-Deeded Property Addition to Purisima Creek Redwoods Open Space Preserve Recommended Actions: 1. Adopt the Preliminary Use and Management Plan for the Redwood Park tax-deeded property addition to Purisima Creek Redwoods Open Space Preserve, including the naming, as contained in report R-88-130. 2. Indicate your intention to withhold the property from dedication as public open space at this time. Discussion: At your November 9 , 1988 meeting, you approved the acquisition of the 0. 89-acre Redwood Park tax-deeded property addition to Purisima Creek Redwoods Open Space Preserve (see attached report R-88-130 dated November 2, 1988) . You also tentatively adopted the Preliminary Use and Management Plan for the addition, including naming the property as an addition to the Purisima Creek Redwoods Open Space Preserve, and indicated your intention to withhold the land from dedication as public open space at this time. In accordance with your adopted Land Acquisition Notification Procedures, final adoption of the Preliminary Use and Management Plan was deferred until after close of escrow to allow further time for public comment. Escrow on the tax-deeded property closed on April 6, 1989. Staff has received no further public comment. R-88-130 'Alr (Meeting 88-24 ��� November 9, 19 8 8) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT November 2, 1988 TO: Board of Directors PROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; W. Goggin, Real Property Representative; M. Gundert, Open Space Planner SUBJECT: Proposed Addition of Tax Defaulted Property to Purisima Creek Redwoods Open Space Preserve Recommendation: I recommend that you: 1 . adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of Agreement to Purchase Tax Defaulted Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Purisima Creek Redwoods Open Space Preserve, Tax Defaulted 'Property, San Mateo County) ; 2 . tentati-.7e_ adopt the Preliminary Use and Management Plan recommen- dations contained in this report; 3. tentatively name the property as an addition to Purisima Creek Redwoods Open Space Preserve; and 4 , indicate your intention to withhold the property from dedication at this ti ne. Introduction The old Redwood Park subdivision lies on the west side of Skyline Boulevard north of Purisima Creek Redwoods Open Space Preserve and near the northwest corner of San Mateo County' s Huddart Park. The entire tract contains about 50 acres and is divided into a large number of small lots and streets. It is essentially an unimproved "paper" subdivision. Over the years, San Mateo County has acquired title to about two-thirds of the lots via tax delinquency; Peninsula Omen Space Trust owns thirteen lots through gifts . The San Mateo County k and Recreation Comm ission on has approved d y a county staff proposal to transfer ownership of the county existing parcels to the District. An exchange of letters on this subject between the county parks director and me is attached. Consideration of the proposal by the San 2•Iateo County Board of Supervisors is pending. R-83-130 Page two Recently, the County Assessor' s Office notified District staff that sixteen additional lots comprising ten ownerships were tax delinquent and available for sale to the District. The lots, which are scattered throughout the tract, contain a total area of 0 .89 acre. The property is significant because it forms a portion of a much larger area that is desirable open space land adjacent to the existing preserve. District ownership will forestall future attempts to develop or resubdivide the property_ 1. Property Identification Property owner: State of California, subject to right of redemption by assessed owners . Size: 0.89 acre The following is a general description of the Redwood Park subdivision since exact location of the lots to be acquired is uncertain *,without a detailed survey. 2 . Location and Boundaries (see attached map) Regional setting: Located in the Kings Mountain area of the Santa Cruz Mountains ?oad access : Skyline Boulevard and Ridge Road Boundaries : The subject parcels are scattered throughout the subdivision that adjoins Purisima Creek Redwoods Open Space Preserve to the south and west, Skyline Boulevard to the east, and private property to the north and east Nearby public lands: Purisima Creek Redwoods Open Space Preserve adjoins the subdivision to the south and west, Huddart County Park located east of Skyline Boulevard Nearby landmarks : Kings Mountain Fire Station located on the east side of Skyline Boulevard 3 . Topography and Hydrology Prominent topographic features : Subdivision straddles a steep creek canyon Elevation range : Ranges from 1200 feet to approximately 1800 feet Slope steepness : Steep to very steep slopes Slope exposure : Primarily south-facing slopes Watershed: Unnamed annual stream flows westward through subdivision, draining into Purisima Creek Page three 4. Geology and Soils Soil classification: Hugo-Butano-Josephine association, 30% to 70% slopes 5. Flora and Fauna i Plant Communities : Mixed forest at higher elevations , yielding to redwood forest in canyon Dominant flora: Tanbark oak, madrone and Douglas fir in drier areas; redwoods in deeper part of canyon Common fauna: Deer, numerous rodents, and birds 6. Visual Qualities Viewshed: Portion of the subdivision forms backdrop to Soda Gulch Trail 7 . Fxistincr Improvements j The sixteen lots proposed for acquisition at this time are undeveloped; vehicular access is also undeveloped. The developed portion of the subdivision is clustered around Skyline Boulevard_ 3 . Existing Use I All parcels are undeveloped and inaccessible. Planner Considerations Political boundaries : Unincorporated San Mateo County Zoning: Residential (R1-6) for one lot and RH (Resource Management) for the remaining lots `aster Plan rating: Medium ranking for suitability as open space Use and Management Plan review: Anticipate review in January 1089 10 . Potential Use and Management I.s previously mentioned, various agencies , including San Mateo County and Peninsula Open Space Trust, have acquired approximately two- thirds of the lots comprising the 50-acre Redwood Park subdivision, Pending approval by the San Mateo County Board of Supervisors and acceptance by you, the lots held by the County will be transferred to District ownership. At that time, a more extensive study of potential use will be performed. The acquisition under consideration will enable the District to forestall future subdivision or development of the area. R-H-130 Page four 11 . Preliminary Use and Management Recommendations Signs : Install boundary plaques if deemed necessary Site Emphasis designation: Conservation Management Unit {C14U} ; no public access at this time 12 . Name The property should be named as an addition to Purisima Creek Redwoods Open Space Preserve. 13. Dedication I recommend that you withhold the property from dedication at this time. This would allow for a trade of development rights or sale of a portion or all of the property if the District is not successful in acquiring other necessary land in the area . 14 . Terms The parcels have been offered for sale to the District by the County of San 11ateo pursuant to the provision of the Revenue and Taxation Code thaw permits the direct sale of tax-defaulted property to a public agency. The purchase price payable by the District is $2 , 010, which represents 25% of the County Assessor ' s estimate of full cash value . The County is required to advertise the transaction, and tax delinquent owners have the right to redeem their properties before the agreement to purchase becomes effective; the probability of redemption is slight . Following approval by the San Hateo County Board of Supervisors and the State Controller, the District will pay the purchase price and advertising costs , estimated to be an additional $150, and acquire title via a Tax Collector ' s Deed. 15. Fundina A full explanation of this funding summary is contained in report R-88-8o da ted Jul 9 y 1 1988 .8 . The $5.689 million in cash budgeted for this fiscal year is expected to be spent as follows: Previously Approved Acquisitions this Fiscal Year $2 , 254 , 364 (Including the Bean property addition to the Sierra Azul Open Space Preserve considered previously on this agenda) Tax-defaulted Property Acquisition Recommended 2, 010 for Approval on this Agenda Remaining Cash Balance for Future Acquisitions this 3 , 432, 626 Fiscal Year Total $5, 689 , 000 1 t . I ' o E� 0 �•\y \4\ 9 — s t} I PARTY 90 i - -i�-, ED`400D PARK SUBDIVISIC J 3 yr c^ 'NIL,LC�' ir- -W. -----x ��- WK DEVELOPED 'S►' >? ' U. ,P,;� ! I �..,.., 7 AREA HUDDART PARK " Al act i11i--�� !lZA —'AVE •\ -. �T -------------- S� FJRISi)iA RD•• 7 1 8 til PURISIMA CREEK REDWOODS/ OPEN SPACE PRESERVE \\ 1 cat R°� _ j mCree •' r N - 1 PROPOSED ADDITION TO THE LOTS PROPOSED FOR ACQUISITION PURISINA CREEK RED140ODS OPEN SPACE PRESERVE R-89-70 (Meeting 89-10 April 26 , 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 17 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; S . Marioni, Associate Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Final Adoption of the Preliminary Use and Management Plan for the Garza Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve Recommended Actions : 1. Adopt the Preliminary Use and Management Plan for the Garza property addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, including the naming, as contained in report R-89-40. 2. Indicate your intention to withhold the property from dedication as public open space at this time. Discussion: At your March 8 , 1989 meeting, you approved the acquisition of the 40-acre Garza property addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (see attached report R-89-40 dated February 28 , 1989) . You also tentatively adopted the Preliminary Use and Management Plan for the addition, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, and indicated your intention to withhold the land from dedication as public open space at this time. In accordance with your adopted Land Acquisition Notification Procedures, final adoption of the Preliminary Use and Management Plan was deferred until after close of escrow to allow further time for public comment. Escrow on the Garza property closed on April 15, 1989. Staff has received no further public comment. R-89-40 N (Meeting 89-06 March 8, 1989) ib MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT February 28 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; A. Cummings, Environmental Analyst; S. Marioni, Associate Open Space Planner; C. Bruins, Administrative Assistant SUBJECT:, Proposed Addition of Garza Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve Recommended Actions 1 . Adopt the accompanying Resolution of the Board of Directors of the Mi.dpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve, Lands of Garza et al . ) . 2 . Tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 3. Indicate your intention to withhold the property from dedication at this time . Introduction I This unimproved 40-acre parcel is located on a prominent ridge southeast l of Guadalupe Creek. The property is bounded on the north, east, and south by District lands and on the west by private property. Barlow Road passes through the southwest corner of the property. Acquisition of the parcel will help the District to develop trail connections in this area. I 1 . Property Identification Property owner: Audelio Garza and Santo and Esperanza Sanchez Size: 40 acres R-89-40 Page two 2 . Location and Boundaries (see attached map) Regional setting: Northeast side of Mt. Umunhum, unincorporated Santa Clara County Road access : Hicks Road to Mt. Umunhum Road. Approximately four miles up Mt . Umunhum Road, turn right onto Barlow Road, a privately owned and maintained dirt road behind a locked gate . The property is approximately one-third of a mile northwest on Barlow. Road. Boundaries: Bounded by District lands on three sides , private property to the west Nearby public lands: Surrounded on three sides by the Mt. Umunhum Area of Sierra Azul Open Space Preserve; the Carss private property to the west is currently proposed for acquisition by the District; Santa Clara CountYs Almaden Quicksilver Park is two miles northeast of the property. Nearby landmarks: Mt. Umunhum, located approximately one-half mile west and 1 , 400 feet above the property 3 . Topography and Hydrology Prominent topographic features : Property is on a prominent ridge east of Guadalupe Creek Elevation range: 1, 680 feet in the northeast corner to 2 , 220 feet in the southwest corner Slope steepness : Relatively level along the spine of the ridge, steep above the Guadalupe Creek tributary Slope exposure: Northeast facing slopes Watershed: Guadalupe Creek drainage; a tributary to Guadalupe Creek flows diagonally through the property from the southwest to the northeast corner 4. Geology and Soils Seismology: San Andreas Fault located approximately three and one- half miles southwest in Los Gatos Creek Canyon Soil classification: Highly erodible Los Gatos-Maymen soils Soil stability: No active landslides noted 5 . Flora and Fauna Plant Communities: Primarily chaparral along the ridgetops ; mixed evergreen forest in the deeper part of the drainages d P.-89-40 Page three Dominant flora: Manzanita, toyon, yerba santa, baccharis, poison oak, madrone, and canyon oak Common fauna: Deer, bobcat, and feral pig 6 . Visual Qualities Viewshed: Contributes to scenic backdrop of Sierra Azul ridge below Mt. Umunhum Vistas : lit. Umunhum to the west, El Sombroso to the northwest, Guadalupe and Rincon Creek watersheds to the north, and Almaden Valley to the east 7 . Existing Improvements Barlow Road passes through the southwest corner of the property. Otherwise, the property is unimproved. 8. Existing Use Unimproved parcel 9 . Planning Considerations Political boundaries : Unincorporated Santa Clara County, outside District boundaries but within District ' s sphere of influence Zoning: Hillside (requires a 20 to 160 acre minimum lot size , depending on slope) Master Plan rating: Not rated, similar areas nearby rated medium to low for composite open space resource value Use and Management Plan review: Mt. Umunhum Area of Sierra Azul Open Space Preserve Use and Management review scheduled for April 1989 Regional plans : Woods Road has been identified by the Bay Area Ridge Trail Council as part of the corridor connecting the Mt . Umunhum Area to Almaden Quicksilver County Park. Barlow Road connects with Woods Road. 10. Potential Use and Management Barlow Road could become part of a trail route connecting Mt. Umunhum Road with Woods Road. Together, the two roads could provide a rugged, five mile loop trip. Longer trips would eventually be possible by continuing along Woods Road to El Sombroso to connect with trails from the north and south. These loop routes will not be possible unless further District acquisitions occur in the area. R-89- 40 Page four 11 . Prelimiq_�!_r Use and Management Recommendations Signs : Install private property signs and boundary plaques Road: Maintain for patrol 12 . Name The property should be named as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 13. Dedication I recommend that you withhold the property from dedication as public open space at this time. This would allow for a trade of development rights or sale of a portion or all of the property if the District is not successful in acquiring other necessary land in the area. 1.4 . Terms This 40-acre property comprises one legal residential site under the requirements of the current zoning designation. Accordingly, the attached purchase agreement reflects a net cash price of $90 , 000 to be paid at close of escrow. This amount is considered fair and reasonable , given current real estate market activity in this area. 15. Funding A full explanation of this funding summary is contained in report R-88-86 dated July 19 , 1988 . The $5 . 689 million in cash budgeted for this fiscal year is expected to be spent as follows: Previously Approved Acquisitions this Fiscal Year $3, 551, 464 Garza et al . Property Acquisition Recommended for Approval on this Agenda (not including the Carss acquisition scheduled later on this agenda) 90, 000 Remaining Cash Balance for Future Acquisitions this Fiscal Year 2, 047 , 536 Total $5, 689, 000 The District ' s new fiscal year will start on April 1, 1989, a change from the past July 1 date . This means that some of the $2 . 0 million remaining will be rebudgeted in the new year. The targeted $8 million in Proposition 70 net receipts for this fiscal year would be for the following projects (based upon 98 . 5% reimbursement after state overhead charges) : 1 R-89-40 Page five 1 Teague Hill Open Space Preserve $6, 402, 500 Previously Approved Acquisitions this Fiscal Year 1, 327, 376 Garza et al. Property Acquisition Recommended for Approval on this Agenda (not including the Carss acquisition scheduled later on this agenda) 88, 650 Remaining Balance for Future Acquisitions to be Designated this Fiscal Year 181, 474 Total $8, 000, 000 1 1 i 3 i i g� 1 i 1 1 3 i i i Sierra A- ' Open Space Preso- -te l 9� ......X Mt. Umutii ium ,area flrg7D -;: ',t'' - .1,i:,�'�" y-'.:...�'ti•r;j:( HANDS OF MI©PENINSULA REGIONAL E '. 'jOPEN SPACE DISTRICT E'rt )LDS R ,�_ . :' ll/ •� l}✓�_ k l�� � (�U � t, w ter-.J ��'��M �� 4itj � , � ' 11\10 PUBLIC ACCESS F: ' %� �t ,� '' 3 i,r-•*� �, s t 4 BEYOND THIS POINT ALMADEN ,�. I 5G6 l;: ks S l COUNTY PARK Woo PROPERTY io(> HICKS ROAD � �' y •_ � �,..."'f � t t "*1. _�i%\/p �,/}�,,,�'•�. t� ��1��,�./^':>l�(to (��, � � (�.: � z� ------------ _ J tl'-. .-....1�>\tat t�l �'•�- l 7�8.$ J".-I `�.. • - J� —Y�� , ts+ '-.f�4"r`"�•'�4 J`fi����Ec,,�: 'G � ..' �-� � -"f .'� a. ^-r ,,t � r'�-. C'- / /�/�J' `%Jr S � 'r- _i ern �� 1�,,•• :. :: �""'^} �.EV'%. ' mil'\"�.` THIS ROAD KNOWN AS f _ y�-)f ,'• r-MT. UMUNHUM RD. AN );' LOMA ALMADEN RD. 11 ♦ `- 2 `-. : .� f.{ ;,(�� /!1 ` '�•, kl�; ,j L ��,�1 ` ;n�` � � �,,. �. 1 i` �'\�\ ��` vita X.: �\ _. '^—�` -•,� �,� � ;�/� t� Z,o�- ';� ,.��'�r "• � 't ,7T7 '� ;{ ,� ';,�,j .` ,I PULLOUT � , �� � � _ — � ti /"\ '1 �� .,:r,. �f, „ , s:�..� � ,.)1 PROPOSED 1�'"'` `\���;• � �r:^ PROPOSED t ACQUISITION; T x, ; PRIVATE ' `fGr� ACQU I S I T I ON 'r'` _` ;Ir',J' .` 'CGARZA� �� PROPERTY �f CLOSED ;BARLO'rJ ��J _ .x �,� '� - �,, to � ; a ,� �:�,. ysp✓.'-.,u..,h��' _ ,j r n. \ .,�` _✓% , t GATES: NO CARS BEYOND ,.,� � � ,�.� k :, Y.,.'}� � 's f n 7,' ` 4GATES. PARK ALONG ROAD DO NOT BLOCK GATES j _` S. c\ i`•: {t{ rZ. � )3 (y1fnFt ? UNLESS OTHERWISE MARKED LANDS ADJACENT I' TO ROADS ARE PRIVATE PROPERTY. DO NOT TRESPASS � n�� = `:GATE �ti � /� . � ,. ;c-� �F<•..�-.��� � - ....�, ,_ � k � /� ,�i"• �;J 3.s} :.r^ ' '{i i�\(C 1('� � -\�\\ h: �•---,,� tt^ `(.t !�,t - .Ds'-�cJ��.—`.-�.._,,,�•�... �...:��nf��' t: y Legend MIDPENINSULA REGIONAL AUTO ENTRY OPEN SPACE DISTRICT Sierra Azul U. HIKING ENTRY Mt. Umunhum Area BICYCLING ENTRY This 2,840-acre Preserve marks the southern extent of the Open Space District. The radar tower of the former Almaden Air Force Station is centrally located within the Preserve high atop the 3,486 EQUESTRIAN ENTRY foot summit of Mt. Umunhum for which this Preserve is named. The terrain is generally steep with chaparral being the prominent plant community with dense stands of bay trees occupying most of the ravines. 19 PARKING Preparation of a Master Plan for the site will explore the rec- reational potential of the Preserve. In the meantime, access is somewhat difficult and portions of the Preserve are closed, so we encourage visitors to contact the District office to obtain informa- 1 i ROAD tion before traveling to the site. I Ile Special access conditions are in effect, and your visit will be ITRAIL made more enjoyable if you call the District office (415) 949-5500 before you leave home. Trails may be under con- struction or trail signs may not yet have been installed;park- ing may not be available close by;easement crossings,and/or PATH other conditions may prevail. " X NO PUBLIC ACCESS 04 1.8`ky ■ CR1U CONSERVATION MANAGEMENT LY �9 3.3 ' � "VI f 1.5 UNIT: NO PUBLIC ACCESS 1 1 ? 9 _ REFERENCE POINT/ ' 8 2 ,. LANDMARK us , GroddhN. p 'I """ ==`b. t DISTANCE N"Jum �f p, REFERENCE MARKS UST aht-uth F7A RESTROOMS L n Creeks I 4-7 Owl POTABLE WATER fJJ Lt.LIN,, -` \�= 2' , t BACKPACK CAMPGROUND ° OFT Lard T;ily � p�.t W.A'.n! I 1'9 r L..1�♦ �f-1//% RANGER RESIDENCE j { i I RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE, LANDS OF GARZA ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Audelio Garza et al, and the Midpeninsul:a Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District . Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the ,seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1, 000 to cover the cost of title insurance , escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $90 , 000 from the proceeds of the next long term District note issue. R-89-74 dA. (Meeting 89-10 of April 26, 1989) JAM 0 Owc MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 18 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; S . Marioni, Associate Open Space Planner; C. Bruins, Administrative Assistant SUBJECT: Proposed Addition of Wong Property to El Sereno Open Space Preserve Recommended Actions: 1 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Sereno Open Space Preserve, Lands of Wong et al . ) . 2 . Tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report, including naming the property as an addition to El Sereno Open Space Preserve . 3 . Indicate your intention to withhold the property from dedication as public open space at this time. Introduction The proposed acquisition consists of a 10-acre parcel of land located in the hillsides above Lyndon Canyon Creek southwest of Monte Sereno. The property lies adjacent to El Sereno Open Space Preserve and is characterized by steep chaparral-covered slopes . A rock outcropping surrounded by scrub oak and bay trees is located on the upper portion of the property. Two unimproved roads beginning at Bohlman Road offer patrol rights and possible limited public access to the site . The lower road also provides access to neighboring properties to the south and west. These neighboring properties have recently been developed with large homes. Acquisition of this property would ensure preservation of a valuable scenic resource. This property could also provide a link in a future trail system connecting Sanborn Skyline County Park with El Sereno Open Space Preserve. ---------- R-89-74 Page two 1 . Property Identification Property owners: Franklin K. Wong, Raymond H. and Edna W. Lee Size: 10 acres 2. Location and Boundaries (see attached map) Regional setting: Unincorporated Santa Clara County, west of Highway 17 and southwest of the Town of Monte Sereno Road access: Bohlman Road Boundaries: District land borders the property to the east and on portions of the northern side. Private parcels border the property on the remaining sides. Nearby public lands : El Sereno Open Space Preserve adjoins the property on two sides. Sanborn Skyline County Park is located approximately one-quarter mile south. 3. Topography and Hydrology Elevation range: 2, 040 feet near the northeast corner to 2, 480 feet near the southwest corner Slope steepness: Steep slopes averaging 50% to 65% Slope exposure: Southwest-facing Watershed: Lyndon Canyon Creek 4 . Geology and Soils Seismology: San Andreas Rift Zone is located in Lyndon Canyon approximately one-third mile south Soil classification: Maymen-Los Gatos-Gaviota association Soil stability: Highly erodible 5. Flora and Fauna Plant Communities : Chaparral Dominant flora: Ceanothus, scrub oak, chamise, and bay Common fauna: Deer, brush rabbit, coyote, and rattlesnakes 6. Visual Qualities Viewshed: Contributes to the scenic backdrop of the Lyndon Canyon Creek watershed FI Vistas: Views extend southwest into Lyndon Canyon - ----------------- - R-89-74 Page three 7 . Existing Improvements Two unimproved dirt roads pass through the site and serve as access roads to residences on adjacent properties to the south and west. There is also an overgrown road located in the northeast corner of the property. This road begins at Bohlman Road on an adjacent privately owned parcel and runs north-south through the property. it ends at a small building pad that overlooks Lyndon Canyon below. There are no structures on the property. 8 . Existing Use There are no structures on the property. Neighboring land owners gain access to their properties by passing through the site on unimproved roads. 9. Planning Considerations Political boundaries : Within District boundaries and the Town of Monte Sereno sphere of influence; in unincorporated Santa Clara County Zoning: Hillside Master Plan rating: Low rating for composite open space resource value Use and Management Plan review: Anticipate review in November, 1990 Regional plans: The Santa Clara County Regional Parks, Trails and Scenic Highways Plan identifies a proposed trail corridor in Lyndon Canyon approximately one-third mile south of• the property. The proposed corridor passes through portions of Sanborn Skyline County Park. 10. Potential Use and Management The property could provide a portion of a future trail route connecting the Lake Ranch area of Sanborn Skyline County Park with El Sereno Open Space Preserve. 11. Preliminary Use and Management Recommendations Signs: Install boundary plaques Roads: Maintain for patrol 12. Name This property should be named as an addition to El Sereno Open Space Preserve. R-89-74 Page four 13. Dedication It is recommended that you withhold the property from dedication as public open space at this time. This would allow for a trade of development rights or sale of a portion or all of the property if the District is not successful in acquiring other necessary land in the area. 14. Terms The full purchase price, payable in cash at the closing of escrow, is $110, 000 ($100, 000 for the property plus a $10, 000 real estate commission) . Although this property was listed for $200 , 000, real estate sales activity in the area indicates that the price the District is paying is fair and reasonable given the current market and the fact that this parcel is a separate, legal site capable of independent development. This acquisition will not be submitted for reimbursement under Proposition 70, as the funds for specified projects have been committed and the per capita funds will not be available until after July 1, 1989. 15. Funding The 1989-1990 fiscal year budget includes $6.0 million for new open space land purchases of which $500, 000 is estimated to come from the issuance of notes. The following is a current summary of cash expenditures for open space acquisition for the 1989-1990 fiscal year: Land Acquisition Funds for this Fiscal Year (Cash) $5, 500, 000 Previously Approved Acquisitions -0- The Wong et al. Acquisition Recommended for Approval on this Agenda (Not including the Fletcher acquisition scheduled later on this agenda) 110, 000) Remaining Cash Balance for Future Acquisitions this Fiscal Year $5, 390, 000 Y Y i� i 10 RON Ll%1"M�Mlw z. Flo ` n 1.9 MIN ''aYa `�@d��I�IL�� � tom. �• �— �° ,, : ; - . � 07-- WS AM 4ST. JOSEPH'S HILL O.S. . 9 � {- 'a�r� ' 'M'"�� lea• '�"`°' �„a' �:'Z�.(f�.. �,� "'ow._ � ,-+-'`^.�.-•; �i" �g;�.\','` � �ib'.' S�.J:-'°gip', .i3' OUNTY PARK .�a RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE, LANDS OF WONG ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional open Space District does hereby accept the offer contained in that certain Purchase Agreement between Franklin K. Wong et al. and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1 ,000 to cover the cost of title insurance, escrow fees , and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $110 , 000 from the proceeds of the next long term District note issue. PURCHASE AGREEMENT This Agreement is made and entered into by and between FRANKLIN K. WONG, a single man and RAYMOND H. LEE and EDNA W. LEE, husband and wife, herein- after called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Dean McClead Real Estate Sales on August 26, 19S3 , thereby offering said real property for sale to the general public; and WHEREAS , District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the rid=eninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately ten (10) acres, more or less, and cornmonly referred to as Santa Clara County Assessor ' s Parcel No. 517-17- 040 . Said property being further described as the NW X of the SE % of the SW %, Section 24, T. 8 S. , R. 2 W. , M.D.B.& M. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ( "Purchase Price") for the Property shall be One Hundred Thousand and No/100 Dollars ($100 , 000.00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . Purchase Agreement - Wong et al . Page 2 3 . Escrow. Promptly upon execution of this Agreement, in accord- ance with Section 11 herein, an escrow shall be opened at Valley Title Company, 300 South First Street, San Jose, CA 95113, phone number (408) 292-7150 , or other title company acceptable to District (hereinafter "Escrow Holder" ) through which the purchase and sale of the Property shall be consunanated . A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties , but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein, provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall on or before May 31 , 1989 , provided, however, that the parties may , w . written agreement , extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the office of the County Recorder of Santa Clara County. (b) Seller and District shall , during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the ter:-.,s of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District ' s check payable to Escrow Holder in the amount of One Hundred Thousand and No/100 Dollars ($100, 000 .00) . (e) District shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees . All other costs or expenses not otherwise provided for in this agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4980' of the Revenue and Taxation Code of the State of California. Purchase Agreement - Wong et al. Page 3 (f) Seller shall cause Valley Title Company (Escrow No. 201378) , or other title company acceptable to District, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $100, 000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, and (ii) such additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall , upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall, when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and , attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder' s check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies , documents or other things of value deposited in the escrow to the party depositing the same. 4 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss, damage or expense, including costs for legal services , occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, Purchase Agreement - Wong et al . Page 4 claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deeds) . 6 . Seller ' s Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be III bound or any articles, bylaws or corporate resolutions of Seller. 6 . 03 Good Title . Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof , and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller ' s execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. It is agreed by the parties that in the event of a breach of this provision by Seller the amount of damage sustained by District would be impracticable or extremely difficult to ascertain, and in such event Seller shall pay to District as liquidated damages the sum of $1, 000.00 per incident, which amount shall be withheld from escrow by District. Purchase Agreement - Wong et al . Page 5 S . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs) , benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal , state or local law. (a) Seller warrants and represents that: (i) During Seller ' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous sub- stance on the Property. (ii) Seller has no knowledge of the presence on the Property of any P hazardous substance, whenever or however laced or stored. (b} Within 5 days. aft er the approval of this Agreement by District' s Board of Directors in accordance with Section 11 herein, but prior to Closing, Seller shall remove or cause to be removed all contain- erized hazardous substances from the Property and conduct a cleanup of all other hazardous substances in a manner provided by law. Should Seller fail to do so, District may withhold $1, 000 . 00 from escrow with which to complete such removal and/or cleanup, after which the balance of the withheld amount, if any, shall be paid by District to Seller . (c) If hazardous substances are subsequently found to exist on I the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller ' s ownership and operation of the Property. 9. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100- 17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256, and California Government Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections . 10. Miscellaneous Provisions . 10 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . Purchase Agreement - Wong et al. Page 6 10 . 02 Attorneys ' Fees . If either party hereto incurs any expense , including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final Judgment. In the event :,f a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 10 .03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may : ( i ) extend the time for the performance of any of the obligations of the ot*-er party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance sf- any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party far any such amendment , extension or waiver must be in writing. 10 . 04 Rights Cumulative. Each and all of the various rights , powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights , powers. and remedies which the parties may have at law or in equity in the event of the breach of any of the ter-is of this Agreement. The exercise or partial exercise of any right , power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10 .05 Notices . All notices , consents , waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : Seller: Franklin K. Wong Raymond H. and Edna W. Lee c/o Dean McClead Real Estate Sales P.O. Box 1405 Los Gatos , CA 95031 (408) 354-6477 Purchase Agreement Wong et al. Page 7 District: Midpeninsula. Regional Open *Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable, a conformed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee . Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressees ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time . Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 10 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties , the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve , to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 10 . 07 Counterparts . This Agreement may be executed in separate counterparts, each of which shall be deemed as an original , and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 10 . 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by- conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as , a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. Purchase Agreement - Wong et al . Page 8 10 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior correspondence , conversa- tions , negotiations, agreements or understandings relating to the same subject matter. 10 . 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element . 10 . 11 Survival of Covenants . All covenants of District or Seder which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs , successors and permitted assigns . 10 . 12 Assi�cnment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this :agreement to any third party without the prior written approval of c.�s- e other party. Y• 10 . 13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement . 10 . 14 Binding on Successors and Assigns . This Agreement and all of its terms , conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 10 . 15 Broker ' s Commission. In addition to the amount payable under Section 2 hereinabove, District shall pay a real estate agent' s colUni.ssion in the amount of Ten Thousand and No/100 Dollars ($10, 000 . 00) to Dean McClead Real Estate Sales, P.O. Box 1405, Los Gatos, CA 95031. No other such commission is due or payable by District and the parties agree to and do hereby indemnify and hold the other party harmless from and against any and all costs, liabilities, losses , damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise , claiming through, under or by reason of the conduct of Seller in connection with this transaction. 10 . 16 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. Purchase Agreement Wong et al . Page 9 10 . 17 Pronoun References. In this Agreement, if it be appropriate , the use of the singular shall include the plural , and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 11 . Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before April 14 , 1989 District shall have until midnight April 26 , 1989 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and Seller ackno,,.Iedges receipt of the sum of Ten Dollars ($10 .00) . Provided that '.-his kgresnent is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein . Purchase Agreement - Wong et al . Page 10 I iN ;;T_^NEESS WHEREOF, the parties hereto have caused this Agreement to be execuzed by their duly authorized officers to be effective as of the date j of fi-n-al execution by District in accordance with the terms hereof. MIDPE'.=NSULA REOIO21AL OPE?. SPACE SELLER DISTRICT AP�p RO':_^O A..c _TO FORM: Franklin R. Wong Date : Staff y+Kort n, 'District Counsel ACG-PT_D FOR RECOMMENDATIO:1: Raymond H. Lee Date : L. Craig Brittcn, SR/WA f Lard rcquisiticn tanager nPFPO':'�D AND ACCEPTED: Edna W. Lee Date: President, Board of Directors ATTEST: District Clerk Date: R-89-75 AA. (Meeting 89-10 ML I of April 26, 1989) qV41 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 19 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C . Britton, Land Acquisition Manager; D. Hansen, Land Manager; M. Gundert , Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Proposed Addition of Fletcher Property to La Honda Creek Open Space Preserve Recommended Actions: 1. Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement , Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve, Lands of Fletcher et al . ) . 2 . Tentatively adopt the Preliminary Use and Management Plan recommen- dations contained in this report, including naming the property as an addition to La Honda Creek Open Space Preserve . 3 . Indicate your intention to withhold the property from dedication as public open space at this time. Introduction The proposed acquisition consists of a one-acre parcel of land fronting on Skyline Boulevard. The property is surrounded on the three remaining sides by La Honda Creek Open Space Preserve , and it is developed with a wood-frame house. 1 . Property Identification Property owners : Kenneth L. and Mary A. Fletcher and Susan L. Adams Size: One acre 2 . Location and Boundaries (see attached map) Regional setting: Unincorporated San Mateo County, two miles south of Sky Londa J I R-89-75 Page two Road access: La Honda Road (State Highway 84) Boundaries: Bounded by La Honda Creek to the west and La Honda Road to the east; La Honda Creek Open Space Preserve surrounds the parcel to the north, south, and west Nearby public lands: Parcel adjoins La Honda Creek Open Space Preserve; Windy Hill Open Space Preserve is located 0 . 8 miles east Nearby landmarks: La Honda Road (Highway 84) immediately to the east 3. Topography and Hydrology Prominent topographic features: Steep west-facing slopes of La Honda Creek Canyon Elevation range: 960 feet to 1,160 feet Slope steepness: 50% to 60% Slope exposure: West facing Watershed: Within La Honda Creek watershed 4. Geology and Soils Soil classification: Hugo-Butano-Josephine association Soil stability: Located in area of high landslide susceptibility 5. Flora and Fauna Plant Communities: Primarily redwood forest Dominant flora: Redwoods, Douglas fir, and some madrone Common fauna: Deer, raccoons, skunks, opossum, and small rodents 6. Visual Qualities Viewshed: Contributes to rural nature of State Highway 84; roof of house is barely visible from La Honda Road Vistas: La Honda Creek Canyon to the west 7 . Existing Improvements There is a wood-frame house of approximately 1, 600 square feet on the property. The two-story house is divided into two living units. Roadside parking is available along La Honda Road for about three vehicles. A single-lane dirt road, known as the Sequoia Drive extension, bisects the parcel between La Honda Creek and La Honda Road. R-89-75 Page three 8 . Existing Use The house is currently rented to two separate parties. 9. Planning Considerations Political boundaries: Unincorporated San Mateo County Zoning: Residential Master Plan rating: Low ranking for composite open space resource value Use and Management Plan review: Anticipate review in 1990 Regional plans: Within trail corridor proposed for the Bay Area Ridge Trail 10. Potential Use and Management With the exception of Sequoia Drive extension, there are no existing trails on the property. The connection between La Honda Road and La Honda Creek Open Space Preserve creates the potential for future connections to La Honda Creek Open Space Preserve. Acquisition of this inholding parcel will provide for better trail development and creek corridor protection in this area. Parking facilities on the adjacent former Sheffield property will be developed in the future. The house will continue to be rented until a final determination of public use is made for this area. 11 . Preliminary Use and Management Recommendations Signs: Install boundary plaques as needed Road: Maintain for patrol 12. Name The property should be named as an addition to La Honda Creek Open Space Preserve. 13. Dedication It is recommended that you indicate your intention to withhold this property from dedication as public open space at this time. Surrounding lands are currently undedicated. This will allow flexibility in planning public access facilities in the future, including the disposal of unneeded lands. R-89-75 Page four 14 . Terms The full cash price for this property is $155, 000. This price is to be compared with a 1986 appraisal of the property indicating a market value of $168 ,000. The purchase agreement provides for various District sponsored inspections to identify possible structural problems in the house. If any major problems are found, the contract allows for renewed negotiations for possible sharing of the cost of repairs. Generally, however, because of the age of the improvements and the low price for the property, minor problems will be ignored. The house is currently separated into two units with a total rent of $1, 000 per month. The house will continue to be rented until a final decision is made on disposition of the structure. This acquisition will not be submitted for reimbursement under Proposition 70 grant funding. 15. Funding The 1989-1990 fiscal year budget includes $6, 000, 000 for new land purchases of which $500,000 is estimated to come from the issuance of notes. The following is a current summary of cash expenditures for land acquisition for this fiscal year: Land Acquisition Funds for this Fiscal Year (Cash) $5, 500 , 000 Previously Approved Acquisitions (including the acquisition considered earlier on this agenda) 110, 000) The Fletcher et al . Acquisition Recommended for Approval on this Agenda 155, 000) Remaining Cash Balance for Future Acquisitions this Fiscal Year $5, 235, 000 Written Permit uired For Vehicle Access ppQQ , MIDPENINSULA IONAI OPEN SPACE DISTRICT `,. N� . La Honda Creek open Space Prebirve r;,{.,Y ,:•'.}}:.:Y}:.3. }::':i:v�::':9::G:.:� .. :;. �� ��;.:..� ::;: f:. � A 4 ;�//(: QlY{:::C;:I XX i t. .' :Ys'k .:.:..:3........... 1 .. ,... :: ... c;.?R:.A,., .�:• ..;..';f{a:;:•i ••`♦':.F•{{c•;:•}i:Y:. 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'`:.:: ...... r`w♦: v.vny;•.; .. ...... .......r.:..... ......... .. ..... .... .... ... .......... .. .... end �..'.:.`..:'.'�':i::.::::}:^;:;..•F:;..,F::F::FF:rr:FFf}.F:::}},':..: .: .....::•• ............. ......... .... ��. �.}::.��� .'. ''.':����"::�::� �� _1 ...•.vs "-:::' '- :..'-w.v':•. ,}..'-}..::::�:�.:::':::Y':F:F:�F{i':: -}: ''r'.:}:�:}::S i:'i::::ii::ii}'-:i::i::f':.-.::.ii:::..:..... :i::i::i::i:`:i.:i♦.�::i::Y.��.... '�''':... '.". :i` i• y �. kk tk .t♦ r� r — r�_ ,'.-`....--.: RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE, LANDS OF FLETCHER ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One . The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Kenneth L. Fletcher et al . and the Midpeninsula Regional Open Space a' District , a copy of which is attached hereto and by reference jade a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District . Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three . The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1, 000 to cover the cost of title insurance , escrow fees , and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $155, 000 from the proceeds of the next long term District note issue . * * * * * * * * * * * i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE, LANDS OF FLETCHER ET AL. ) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Kenneth L. j Fletcher et al. and the Midpeninsula Regional Open Space District , a copy of which is attached hereto and by reference made a part hereof , and authorizes the President or appropriate officers to execute the Agreement on behalf of the District . Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees_, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $155, 000 from the proceeds of the next long term District note issue. * * * * * * * * * * * I PURCHASE AGREEMENT This Agreement is made and entered into by and between KENNETH L. FLETCHER and M-'%IRY A. FLETCHER, husband and wife and SUSAN L. ADAMS , an unmarried woman, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of San Mateo, and being more particularly described within the body of this Agreement; and WHEREAS , District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS , District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midp en4�.nsula area; and WHEREAS , Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale . Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately one (1 . 00) acre, more or less, and commonly referred to as San Mateo County Assessor' s Parcel No. 078-100- 030. Said property being further described in the legal description attached to Preliminary Title Report Number 347531 , dated March 13, 1989, from First American Title Insurance Company; said title report attached hereto as Exhibit "A" and incorporated herein by this reference . Said property to be conveyed together with any easements', rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands , and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Purchase Price. The total purchase price ( "Purchase Price") for the Property shall be One Hundred Fifty-Five Thousand and No/100 Dollars ( $155 , 000. 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . F :,-rchase Agreement - Fletcher et al. Page 2 3 . Escrow. Promptly upon execution of this Agreement , in accord- ance with Section 15 herein, an escrow shall be opened at First American .- -le Insurance Company, 555 Marshall Street, Redwood City, CA 94064 , p'- 1ne number (415) 367-9050 , or other title company acceptable to District and Seller (hereinafter "Escrow Holder" ) through which the purchase and s=-7-e of the Property shall be consummated. A fully executed copy of this kgreenent shall be deposited with Escrow Holder to serve as escrow ---structions to -Escrow Holder; provided that the parties shall execute s,_,zh additional supplementary or customary escrow instructions as Escrow iislder may reasonably require. This Agreement may be amended or s,.:pplernented by explicit additional escrow instructions signed by the part-ies , but the printed portion of such escrow instructions shall not s---p-ersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this '--reement, the documents and monies to be deposited into the escrow as ._g 1--rein provided , with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof be on or before May 31 , 1989 , provided, however, that the parties by written agreement , extend the time for Closing. The term _:�Sfng" as used herein shall be deemed to be the date when Escrow Holder the Grant Deed (as defined below) to be recorded in the office of ounty Recorder of San Mateo County. (b) Seller and District shall , during the escrow period, e-x_cute any and all documents and perform any and all acts reasonably nez-essary or appropriate to consummate the purchase and sale pursuant to r-he terms of this Agreement. (c) Any and all rents shall be prorated as of the Closing and --- ler shall deliver to District, through the escrow agent, original s4 -ned copies of the current rental and/or lease agreements , if any, together with any and all security and other deposits. All rents collected by Seller after the Closing shall be paid by Seller to District. (d) Seller shall deposit into the escrow on or before the __v&,Lng an executed and recordable Grant Deed covering the Property. (e) District shall deposit into the escrow, on or before the C'_csing: (i) The required Certificate of Acceptance for the Grant Dened, duly executed by District and to be dated as of the Closing. (ii) District ' s check payable to Escrow Holder in the anent of One Hundred Fifty-Five Thousand and No/100 Dollars (S-1551000 . 00) . Purchase Agreement - Fletcher et al. Page 3 (f) Seller shall pay for the escrow fees , the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees . All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in San Mateo County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. (g) District shall cause First American Title Insurance Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $155, 000 . 00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes ; (ii) reported title exceptions 4 , 5, 6 , and 8 ; and (iii) such additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty ( 20) days to remove such exceptions) and then Escrow Holder and Seller shall , upon District ' s direction, return to the parties depositing the same , all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (h) Escrow Holder shall, when all required funds and instru- ments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of San Mateo County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder' s check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (f) ) , and to District or Seller , as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies , documents or other things of value deposited in the escrow to the party depositing the same. 4 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is cancelled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly IIII reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. Purchase Agreement - Fletcher et al. Page 4 5. Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property except the current tenants; Cindy Allen, Trisha Bahrs and Bernie Synowski . Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss , damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et se . Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed s) . 6 . Seller ' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this -1greement is fully executed and as of the date of Closing: 6 . 01 Authority. Seller has the full right , power and authority to enter into this Agreement and to perform the transactions contemplated hereunder . 6 . 02 Valid and RindincT Aareements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles , bylaws or corporate resolutions of Seller. 6 .03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder , free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof , and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Integrity of Property. Except as otherwise provided herein or by express written permission granted by District , Seller shall not, between the time of Seller ' s execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees , shrubs , brush or other vegetation, and damaging or demolition of improvements or structures on the Property. Purchase Agreement - Fletcher et al. Page 5 It is agreed by the parties that in the event of a breach of this provision by Seller the amount of damage sustained by District would be impracticable or extremely difficult to ascertain, and in such event Seller shall pay to District as liquidated damages the sum of $5, 000.00 per incident, which amount shall be withheld from escrow by District. 8 . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs) , benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal , state or local law. (a) Seller warrants and represents that: M During Seller' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous sub- stance on the Property. (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (b) Within 10 days after the approval of this Agreement by District ' s Board of Directors in accordance with Section 15 herein, but prior to Closing, Seller shall remove or cause to be removed all contain- erized hazardous substances from the Property and conduct a cleanup of all or-her hazardous substances in a manner provided by law. Should Seller fail to do so, District may withhold $5, 000. 00 from escrow with which to c=plete such removal and/or cleanup, after which the balance of the withheld amount, if any, shall be paid by District to Seller . (c) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller' s ownership and operation of the Property. 9 . Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes , 246-256, and California Government Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections . Purchase Agreement - Fletcher et al. Page 6 10 . Miscellaneous Realty Items Acquired. It is understood and agreed by and between the parties hereto that the payment specified in Section 2 hereinabove includes , but is not limited to, payment for: a 1600 square-foot wood frame home, carpeting, window coverings , built-in appliances , air heating system, septic system, T.V. antenna, two water heaters and all other improvements permanently attached or affixed to the boil-ding' s systems , or to the property which are being acquired by District as a part of this transaction. -1 � . Pre I mises in Good Order and Repair. Since the Property is ..L - improved with a house, trails , driveways and appurtenant living systems , Se,11,ar agrees to leave the entire premises in good order and repair and disclose all defects to District upon transfer of title. 12 . Risk of Loss . Any risk of loss to the Property for any reason whatsoever shall be borne by Seller until title to said Property has been conveyed to District by recorded Deed. 13 . Inspections and Disclosures . Because the Property has improvements which are a part of the real property that the District is acquiring in this transaction, the District has the option of obtaining the fallowing disclosures and inspection reports : (a) Structural and Pest Control Inspection. District at its expense may have the structure (s) inspected and obtain a report from a licensed structural pest control operator. (b) Roof Inspection . District, at its expense may order a roof inspection from a licensed general or roofing contractor. (c) Seller' s Disclosures . Seller agrees to provide District a standard "Property Disclosure Statement" revealing any defects in the Property known to Seller, but unknown to District. 13 . 01 Timing and Approval of Reports . All of said disclosures and inspection reports as above mentioned shall be commenced within five (5) days following execution of this Agreement by Seller pursuant to Section 15 hereinbelow. Each of said reports shall be deemed to have been accepted and approved by District unless written notice to the contrary is delivered to Seller within five (5) days of receipt of each sep.arate report by District . Such notice shall include specific items listed in said report which may remain disapproved. Within five (5) days following receipt by Seller of any written notice by District of such disapproved report, Seller may (a) elect to pay the cost of all work recommended or required by such report or the specific items identified in the District notice; or (b) elect to pay none or only a portion of the cost of such work. Written notice of such election shall be delivered to District in accordance with the notice provisions of this Agreement . Purchase Agreement - Fletcher et al. Page 7 13 .02 Termination of Agreement. In the event Seller shall not have agreed to pay for the cost of any or all work recommended or required in any reports so disapproved by District, and absent written agreement between the parties as to the proportionate share of cost of such work, District may elect to pay the balance of the cost of such work, or terminate all rights and obligations of District under this Agreement. Written notice of such election shall be delivered to Seller within five (5) days following receipt of Seller' s notice. In the event this Agreement is so terminated, the provisions of Section 4 herein shall be applicable. 14 . Miscellaneous Provisions. 14 .01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 14 .02 Attornevs ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 14 . 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto mayM extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 14 . 04 Rights Cumulative. Each and all of the various rights , powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. Purchase Agreement - Fletcher et al. Page 8 14 . 05 Notices . All notices , consents, waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : Seller: Lynda L. Rose 4045 Sherry Court Pleasanton, CA 94566 (415) 484-3795 District : Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 If sent by telegraph or cable , a conformed copy of such telegraphic or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressees ' s registry or certification receipt or at the expiration of the third Ord) business day after the date of mailing, whichever is earlier in time . Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 14 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties , the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic , business and other purposes of the void or unenforceable provisions . Purchase Agreement - Fletcher et al . Page 9 14 . 07 Counterparts . This Agreement may be executed in separate Counterparts, each of which shall be deemed as an original ,n and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 14 .08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as , a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 14 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior correspondence, conversa- tions , negotiations , agreements or understandings relating to the same subject matter. 14 . 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element . 14 . 11 Survival of Covenants . All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 14 . 12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 14 .13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 14 . 14 Binding on Successors and Assigns . This Agreement and all of its terms , conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 14 . 15 Captions . Captions are ,provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement , nor as evidence of the intention of the parties hereto. Purchase Agreement - Fletcher et al . Page 10 14 . 16 Pronoun References . In this Agreement, if it be appropriate , the use of the singular shall include the plural , and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 14 . 17 Broker ' s Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims , causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise , claiming through, under or by reason of the conduct of Seller in connection with this transaction. 15 . Acceptance . Provided that this Agreement is signed by Seller and returned to District on or before April 14 , 1989 District shall have until midnight -'%pril 27 , 1989 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and Seller acknowledges receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District , this transaction shall close as soon as practicable in accordance with the terms and conditions set forth li herein . Purchase kgre=.-.ent Fletcher et al. Page 11 1';7 'N.'IT'NESS ;,I--_E'?7-OF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final es.ecution by District in accordance with the terms hereof. c'jj,7S­L.A - 70"A-L OPET SPACE SELLER DIS-_RICT ;-.=_ =. '.'P(j'VED 4�S T .-FO 1. RML Kenneth L. Fletcher Date: Stanley Nor";cn D-; strict Counsel 'arvFletcher -3 D c_ D E D Susan L. Adams Date: President, Board of Directors District Clerk Date : i Order No. 347531 PRELIMINARY REPORT FIRST AMERICAN TITLE INSURANCE COMPANY 555 Marshall Street Redwood City, CA 94064 ( 415) 367-9050 MID PENINSULA OPEN SPACE DISTRICT Attn: Sandi Voohrees 201 San Antonio Circle Bldg. C-135 Mountain View, CA 94040 C'?stomer' s Reference: 140 La Honda Road Wooside, CA Form of Policy y Coverage Requested: ALTA LOAN POLICY - 1987 q a^3 ALTA OWNERS POLICY - 1987 WITH REGIONAL EXCEPTIONS In resrionse to the above refarenced application for a policy of title insurance, this Comrany hereby reports that it is prepared to issue, or cause to b- issued, as of the date hereof, a Policy or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encu entrance not shown or referred to as an Excertion below or not exclud=_d from covBraga p•irsua_nt to the printed Schedules, Conditions and Sti^ulations of said Policy forms . T'1e printed Excpr+tions and Exclusions from the coverage ,of said Policy or Policies are set forth in Exhibit A attached . Copies of the Policy forms should be read. they are available from the Office which issued this ra-Dort . This retort ( and any surilements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a Policy of title insurance, a Binder or Commitment should, be requested . Dated as of March 13, 1989 at 7 :30 a. m. JAMES NORPIS ESCROW~OFFICER Title of said. estate or interest at the date hereof is vested in: KEN NETH L. FLETCHER and MARY A. FLETCHER, his wifa, as joint tenants, as to an undivided 4/5th interest ; and SUSAN L . ADAMS, an unmarried woman, as to an undivided 1/5th interest Page 1 ! ►H 113 1T 4 i __ r • Order No. 347531 The estate or interest in the land hereinafter described or referred to covered by this Report is : A FEE The land referred to in this Report is situated in the State of California, County of San Mateo, and is described as follows: Lot 83 in Block 94, as shown on that certain mat entitled "LA HONDA VISTA, A SUBDIVISION OF A PORTION OF SECTION 35, T6S R4K, M.D .M. , SAN MATEO COUNTY CALIFORNIA", filed in the office of the County Recorder of San Mateo County, State of California, on November 12, 1927 in Hook 16 of Maps at page 45 and 46 . EXCEPTING THEREFROM that portion conveyed to the County of San Mateo for road purposes, by Deed dated October 17, 1933 and recorded December 9, 1933 in Book 606 of Official Records at page 343 (File No. 34283-C) , Records of San Mateo County, California. A.P. No. : 078-100-030 JPN 078 010 100 03 A At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 . General and Special Taxes for the fiscal year 1989-90, now a lien, amount not yet -ascertainable. 2 . Second Installment General and Special Taxes for the fiscal year 1988-1989, in the amount of $617 .67. Corse Area : 066-016 A.P. No. : 078-100-030 3. The Lien of Supplemental Taxes assessed pursuant to Chapter 3. 5, Commencing with Section 75 of the California Revenue and Taxation Code. 4 . EASEMENT for drainage within any creek or stream traversing the herein described property, together with the rights of the Dublic in and to the waters and the use of such creeks or streams, to the high water mark . 5. EASEMENT for any existing public or private roads, including, but not limited to, Sequoia Drive. Page 2 EtaHt Ell IT 4 ilz Q Order No. 347531 6. RESERVATION contained in Deed: From : Jessie K . Smith and Norwood B. Smith, her husband, R.O. Bolman and Sylvia Bolman, his wife and J.R. Andrus and J.K. Andrus, his wife To: Helen Hughes Dated: May 27, 1929 Recorded: Juno 7, 1929 Document N�j . : 3669 3-B Book/Reel 420 of Official Records at page/image 137, Records of San Mateo County, California. Reserves an easement along :the road frontage of said property for the laying of poles, wires and pipes above or beneath said lands. Affects Lot 83 . 7. DEED OF TRUST to secure an indebtedness in the original amount of $33, 200.00 and any other amounts and/or obligations secured thereby, Trustor: Kenneth L. Fletcher & Mary A. Fletcher, his wife & Susan L . Adams, an unmarried woman Trustee: Gramercy Mortgage Corporation, a California coreoration Beneficiary: Horestead Savings and Loan Association, a corporation a a 97 Dated: March rh 20, 1 8 Recorded: March 27, 1978 Document No. : 46020-AM Book/Real 7729 of Official Records at page/image 1124, Records of San Mateo County, California . Beneficiary' s Address - Not shown Loan No. - 'Not shown 8. NOTICE OF MERGER rursuant to Government Code Section 66451 . 19 which . states, in part, that the described property constitutes 1 lot( s) and may not be further separated or divided. Executed by: David C. Hale, Planning Director County of San Mateo Dated: March 19, 1985 Recorded: April 17, 1985 Document No . : 85036519 of Official Records of San Mateo County, California . THIS REPORT is preparatory to the issuance of an ALTA Policy of Title Insurance . We have no knowl?3ge of any fact which would preclude the issuance of said ALTA Policy with Indorsements 100 and 116 attached. There is located on said land a single family dwelling known as 140 La Honda Road, Woodside, California. Page 3 EXHIBIT Pa On Of Order No. 347531 There have been no deeds recorded within the last two years prior to the date of this report, affecting the herein described property. NOTE: This report is subject to a cancellation charge as required by Sections 12404, et seq. , of -the Insurance Code of the State of California and Rule No. 2 of Department of Insurance Bulletin No . Ns . 35 E. ORDEP DATE: March 16, 1989 S .T.R. DATE : None BF/jgr/'nrrar Page 4 A i 3 f i I ♦ / I ' ^FPROX. LOB.\ �-20' ROAD , KNOWN AS SEQUOIA DR. . BAST 402 .42 ' \APPROX LOf. \ ROAD C 5.53 ?� i` RE£r. �� \ B"1 E �EaSe' 412.76 N\ EXCEPT.` ,\PaROX LOC S.4S'SO'E. - CREEK O ^ ROAD (c.4.3. �" EASE (�+ t �� WEST 0 1 O 1k o ter � IMY / 1 \ PLAT O"r: PORT10N5 OF LOTS 83 AND 84 LA HONDA V15TA SCALD: 1 INCH = 100 FEET OUR NO. �57 MAP W- 70 , NOTE: THIS IS NOT A SUtVEY OF THE LAND, BUT IS COMPILED FROM DATA SHOWN BY THE ►UDLIC RECORDS GC j SAN MATEO COUNTY TITLE DIVISION - FIRST AMERICAN TITLE INSURANCE COMPAM1&Y�%'r q 3 REDWOOD CITY, CALIFORNIA 1 w n� R-89-76 (Meeting 89-10 April 26, 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 20 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; W. Goggin, Real Property Representative; SUBJECT: Proposed Acquisition of Quitclaim to Ravenswood Spur from Southern Pacific Transportation Company Recommended Actions: 1 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution of Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Ravenswood Open Space Preserve - Southern Pacific Transportation Company) . 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report which relate only to the portion of the easement being acquired by the District, including naming the easement as an addition to Ravenswood Open Space Preserve. 3 . Indicate your intention to withhold the District portion of the easement from dedication at this time. Introduction For many years , Southern Pacific Railroad Company (now Southern Pacific Transportation Company) maintained a single track railway line, known as the Ravenswood Drill , in what is now the City of East Palo Alto. The line is located within a twenty foot wide easement extending southerly from Southern Pacific ' s main line track to Pulgas Avenue, a distance of approximately 1 . 2 miles . Following a long period of disuse, Southern Pacific commenced abandonment proceedings with the Interstate Commerce Commission, which were initially completed in 1987 . Southern Pacific is now willing to re-open the proceedings so that the District can acquire trail rights on the easement. Possession of these rights would permit the District or another public agency to establish a recreational trail within this existing corridor. R-89-76 Page two The City of East Palo Alto has agreed to accept the responsibility of the portion of the right of way extending southerly from the east end of Purdue (Pomona) Avenue to Pulgas Avenue (see attached letter) . The District would retain rights to the northerly portion of the right of way because of its proximity to the District' s Ravenswood Open Space Preserve. 1 . Property Identification Easement owner: Southern Pacific Transportation Company Size: 20 feet by 1.2 miles (2. 9 acres) . The District would be receiving approximately 0.6 miles (1 . 45 acres) and the City of East Palo Alto would receive the remaining 0 .6 miles (1.45 acres) . 2. Location and Boundaries (see attached map) Regional setting: A strip of land bordering residential, industrial, and vacant properties near shoreline and marsh lands of San Francisco Bay Road access : Via public streets of East Palo Alto including Pulgas Avenue, Bay Road, Fordham Street, Romona Avenue and Santa Clara Avenue Boundaries : A twenty foot wide strip of land easterly-southerly from Southern Pacific main line track near Dumbarton Bridge southerly to Pulgas Avenue; privately owned properties in East Palo Alto adjoin the strip laterally Nearby public lands: The Bay Trail and its proposed extension, and the District ' s Ravenswood Open Space Preserve are located approxi- mately one half mile east of the Ravenswood Drill . 3. Topography The corridor is essentially level and slightly above sea level elevation. 4 . Existing Improvements The easement is improved with a single standard gauge railroad track and assorted drainage structures. For most of its length, the westerly boundary is approximately defined by six-foot-high board fencing belonging to adjacent residential properties. The portion lying south of Bay Road is intermittently fenced on both sides with chain link and/or wire fencing. 5. Existing Use The easement has not been used for railroad purposes for the last several years. There is little evidence of recent maintenance. All of the trackage remains in place. At some locations , the strip is partially covered with brush growth. The easy access to the property has resulted in the accumulation of trash and debris in some places . fl R-89-76 Page three 6 . Planning Considerations Political boundaries : The easement lies within the City of East Palo Alto and District boundaries Zoning: Passes through residentially and industrially zoned areas Master Plan rating: Not rated for open space resource value Use and Management Plan review: Comprehensive Use and Management Plan review in October, 1989 Regional plans: The easement lies within a potential route corridor for the Bay Trail 7 . Potential Use and Management The easement could provide a link in the Bay Trail and with a more localized trail system. In the event a bayfront trail (including a bicycle trail) is constructed in this area, it is highly probable that the County of San Mateo would take over the operation and maintenance. 8 . Preliminary Use and Management Recommendations Maintenance: Identify and correct any hazards that may exist on the section of the easement being acquired by the District. Remove debris, perhaps through a volunteer project. Signing: Defer signing on the section of the easement being acquired by the District until review of the Comprehensive Use and Management Plan in October, 1989 . Track Removal : Defer track removal decision on the section of the easement being acquired by the Distrtict until Use and Management Plan review. 9. Name Name the portion of the easement acquired by the District as an addition to the Ravenswood Open Space Preserve. 10. Dedication It is recommended that the easement be withheld from dedication pending incorporation into the Comprehensive Use and Management Plan. 11. Terms The National Trails System Act provides that the Interstate Commerce Commission (ICC) may issue a "Notice of Interim Trail Use" in a requested railroad abandonment. This notice preserves the railroad right of way for possible required future transportation purposes, R-89-76 Page four while permitting its use for trail purposes until such future transportation needs are identified. This procedure is known as rail banking. " However, in the case of the Ravenswood Drill abandonment, neither the ICC nor Southern Pacific would consent to the application of the Act, and the initial abandonment process took place in July, 1987 . The District, joined by San Mateo County, filed a Petition for Review in the U. S. Court of Appeals , District of Columbia Circuit. This action held the abandonment in suspense. Subsequent negotiations with Southern Pacific produced an agreement under which Southern Pacific will re-open the abandonment proceedings with the Interstate Commerce Commission. Staff is reasonably confident that the ICC will then apply the rail banking provision of the Trails System Act. At this point, the District will dismiss its petition, and Southern Pacific will quitclaim its interest in the easement to the District. The cost of the Quitclaim Deed to be paid by the District will be $1918 . This represents the estimated salvage value of the trackage. Upon its acceptance of the quitclaim, the District will assume responsibility for the easement and hold Southern Pacific harmless against any subsequent liability. It is expected that actual payment and delivery of the quitclaim deed will take place within 90 days after District execution of the agreement. During this time, District staff will complete negotiations with the City of East Palo Alto so that a simultaneous closing will occur. The District will assume responsibility for only the easement section north of Purdue (Pomona) Avenue, and the City of East Palo Alto will assume responsibility for the remaining southerly portion of the easement. The District will not receive title to or manage any portion of the easement lying southerly of Purdue (Pomona) Avenue. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF AGREEMENT, AUTHOR- IZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RAVENSWOOD OPEN SPACE PRESERVE - SOUTHERN PACIFIC TRANSPORTATION COMPANY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One . The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Agreement between Southern Pacific Transportation Company and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Southern Pacific Transportation Company. The General Manager further is authorized to execute any and all other documents in escrow or otherwise necessary or appropriate to the closing of the transaction. Section Four . The General Manager of the District is authorized to expend up to $1000 to cover the cost of legal fees, title insurance, escrow fees, survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and. hereby authorized that the District ' s General Fund will be reimbursed in the amount of $1 , 918 from the proceeds of the next long term District note issue. I i i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE.MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 March 27 , 1989 Stanley H. Hall, City Manager City of East Palo Alto 2415 University Avenue Eas-4- Palo Alto, Ca 94303 Re : " Ravenswood Drill" Railroad Right of Way Southern Pacific Dear Mr. Hall : Don Fleming of your staff has indicated that the City desires to a--::,iire recreational trail use of the now abandoned "Ravenswood Dr-;".11" Railroad right of way. Walt--er Goggin of the Open Space District staff has secured an agreement with Southern Pacific transportation Company under whi--h the District would acquire Southern Pacific ' s rights to this area as shown on the attached map; also included in the transaction would be the right to use the Right of Way for trail purposes pursuant to the National Trails System Act ("Rails to Trails" ) , 16 U.S .C. 1247 (d) . The District has pursued this acquisition because it appears to offer a unique opportunity of preserving this right of way as a public trail . On the other hand, actual construction and operation of this trail within a developed, incorporated, heavily urbanized area is not an appropriate activity for this District. Considering the opportunity, it would be possible for the District' s Board of Directors to complete the Southern Pacific agreement only upon the condition that the City would accept the right of way for actual trail construction and operation in the future . Assuming that the City is interested, we would need agreement from the City for acceptance of the portion of the right of way extending southerly from the east end of the Purdue (Pomona) Avenue to Pulgas Avenue as shown in red on the map. The City' s responsibilities with respect to this trail would be essentially r-erz�er*Grench,General Manager Board of Directors.,Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop t Stanley H. Hall I-larch 27 , 1989 Page 2 identical to those established in the May 17 , 1988 Agreement among the City, the District, San Mateo County and the California Conservancy regarding the "Baylands Trail Project" . Of course, a formal agreement would have to be approved by both boards prior to actual purchase of the Railroad Property Rights . If you are in agreement and assured that the City would accept this Right of Way, please sign and return the enclosed copy of this letter by April 7 , 1989 , so that we can place this on the agenda for the District Board of Directors meeting of April 26 , 1989 . If you have any questions or comments , please don' t hesitate to contact either Walter Goggin or me at the District office. Sir , ely, N CYaig Britton . Land Acquisition Manager The foregoing terms and conditions are acceptable. /StanleY HV Hall Date I i —ter 1 MIDPENINSULA AONAL OPEN SPACE DISTRICT eu . `6 T i ,.,,�,®am Ravenswood Open Space Preserve 4 ~�-- - -- - -- -- _ ...._._ -.::c_. - .. ... .. .- .. .. .. -.. ._ .:_..:.......... ..... .. ..:............. ......... : :... .....:::: a-:,••:.. \ <)-_ :. :. .\ -. :....... wj may: :y:1!v;:n <'!s:` Il };ate ♦ v„ C r y r :..r .. ! r - k ... f...•. _. : ...,.:J:�:: -..--. r _ ..:..::::. :: :.::::- L ::.. :.:.:: :::: :::. ,.._, , SVyt� 5'_;:r. .,..:::'.:..:'-}>;;:!;:'.;;.:;:<:4ii;iii:!' , �:a....,..._:i'ii°:i+:';isi =:.._. .?:;:" ::: 'vy� ..:.:.:::...... r ,t� ......♦_..:,\ti4 !t+: '. T'dr31N1 C .j, :a. ;3',�,i: .:::n.: .,_ 2 J .:n .n:::::.. :: :-: -:::.:: :%' — r f f T�{ j ,--�.L_ �tv G_y...' - ? L_ y. S.j{<t- .. .: fJ } i%S}•i: t „Wr ......_. ...::.: ....... ... ,., ,..: ., ...... :.4.. f :::::: a-.:,,.:. S. ,,.. /i #r1„'RD LLfTi�7R{,�'{!'CY "•:::;:'.`""',,'.s �rd;k 'i. .. ..:. '.. :: '..:::'':`:r> yam,. i A Z > S . T .....:::: - : ii :.; ..:,..:_ fi \b ', ;,.:. xrsf RisdE9 Lti l \ `\ 2 1 0 . P . J < '`• 1 3 : >%`? r� .t _ . 1 _. ........ �..; 4 ._._ , .,,.;.; ..::...:... z� -__ k ry R >T _� J - SPY d" I.!' Sf�CJ YY _. p�: ti ♦ q .. .- X� A k .::.♦ ...... .. . 1 4. n> RAVENSWOOD OPEN fY. -_- - `w rd / SPACE PRESERVE :.. '.F��f { : i L Z. I{ i 3 :. .. : ...: - MROSD ace 4 r 6rsr PORTION .: / `x. . Y ..:- A� : / l L f —- srFrC1' `'`.SALT rr ' J \ ' r>v s / ` EvA 'O S --� �', � lento POtA a y r ,?ti n iiS J ... }: , ? .� :i}:::::: .:-...,- ...,n,. :.... :.- -...: .-:..::..:: ..i:.. .... ;> ,.: ✓ ✓.. \. :::.::; ';r x ., a?e! : . . A,.C'J I S-T ION .'.g s�sr4xxi .;\.> , <. } .Z;an�Y y iv QQ : _ : ,.';.':- i jar\5r _ ,:•,,>' ,:.:.; ♦,; ':""'::.:::: _. :.., 9. ;sue+.: .ar': "./-�4' •,xi!;, :` :- :..4:.;.;;. �. ¢• .,.,. J. s s.: ._.{ Q r .� A- n .s.9 y. .. .... .. ;. _. .ems .._ ...-.J.f' ..... ..... .... ...... ....r". :::•. >: - ,,.. ...,.., }}�pt3 f .... ,ln. .. :f 1•.. hn. ter...i r`::;:; !.,.#% ..:.>Y.•.:.;..:.. .. {,,�y,,4„�C�,�. r J `t....9 f rr. tY: Fes':�,y-5,,,.L / :: -:.:. :,,,,,,�y�f'•'�' : .-: -' - J� <J'r , •{ s ;' 7 baa EAST PALO ALTO::: r >::> J f " : ;; .: -� r `�:: Y : \ ^:�,i:\.fit -",�- PORTION w r '� J 1 �< 4 <4Y ZS Y-:. -• _,_ t44� -w ,�++ b'/"K' {\T Ir.♦� C J\, r / r f \ 7 :.'-._.. .-'�': -A, A -..L .-I' — — : -: ....! ... .....X7�yOs'�yze: :.-. }-/,':i !_."t'�, � •\?:�.,:: n•9.•>.\•.'-:.}:4.. i:Jq`)ti ._ }x :. 3i - .s a: _ .:Y:`::.:: :.:: .. ... .. - - �,r ' = .iZ..: "K 1k is i .1 !'�:ry !<C.i—: i -/ f\ 1. .. -.. 1 .. (-.# �H: b Y+ _> r ♦ r .7k'�rrr�e: {yd P P JJ ..= _'ems,. �� <zic .b q " ��.;�� ��? t,�s,fi:iil- .t*�.'V -M. . / y `i _ +l 'ie s 3£ .. >� c J- S2 t3C1 pC7 f t xw.c�wage i C t�iti—, ey+ PALO B YLAN J s "I"rx < . O A 11c r �.. 3 a - X _ I i I i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF AGREEMENT, AUTHOR- IZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RAVENSWOOD OPEN SPACE PRESERVE - SOUTHERN PACIFIC TRANSPORTATION COMPANY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows : Section One . The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Agreement between Southern Pacific Transportation Company and the Midpeninsula Regional Open Space f'istrict, a copy of which is attached hereto and by reference rr.ade a part hereof , and authorizes the President or appropriate of`icers to execute the Agreement on behalf of the District . Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three . The General Manager of the District shall cause to be given appropriate notice of acceptance to ,Southern Pacific Transportation Company. The General Manager further is authorized to execute any and all other documents in escrow or otherwise necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1000 to cover the cost of legal fees, title insurance , escrow fees , survey, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District ' s General Fund will be reimbursed in the amount of $1 , 918 from the proceeds of the next long term District note issue . i I j i I I I -- j AGREEMENT THIS AGREEMENT is made and entered into by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, hereinafter called "Company, " and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Company and its predecessors have owned and operated a single track railroad spur line and associated facilities located in the City of East Palo Alto, County of San Mateo, State of California, as indicated in red on the drawing labeled Exhibit "A" attached hereto and made a part hereof , and commonly known as the "Ravenswood Drill; " and WHEREAS, Company has previously secured the approval of the Interstate Commerce Commission for the abandonment of the Ravenswood Drill pursuant to Decision of the .Interstate Commerce Commission served July 22 , 1987 in Southern Pacific Transportation Company -- _Exemption -- Abandonment of Service in San Mateo County, California -- Docket No. AB-12 (Sub-No. 118X) ; and 4 8 WHEREAS, in said Decision the Interstate Commerce Commission declined to apply the provisions of section 8 (d) of the National Trails System Act, 16 U. S . C . 1247 (d) to the abandonment; and WHEREAS , District, and San Mateo County (California) on September 17 , 1987 filed a Petition for Review of the Interstate Commerce Commission Decision with the United States Court of Appeals for the District of Columbia seeking the application of the National Trails System Act to the abandonment; and WHEREAS , Company and District agree the Ravenswood Drill is a right-of- way of regional significance for interim recreation and long term rail banking purposes . NOW, THEREFORE, it is mutually understood and agreed as follows : 1 . Company promptly upon execution hereof by the parties will move to re-open the proceedings of the Interstate Commerce Commission pursuant to 49 CFR 1152 . 29G (Vol . 52 of the Federal Register dated December 10, 1987 ) and any other applicable authority for the purpose of securing the Commission' s application of the provisions of section 8 (d) of the National Trails System Act, 16 U.S .C. 1247 (d) to the abandonment of the Ravenswood Drill . ICI Agreement Southern Pacific Transportation Company Page 2 2. Following the Interstate Commerce Commission' s application of the provisions of the National Trails System Act to the abandonment, the parties hereto agree as follows : a. District shall obtain the dismissal of the Petition for Review. b. Company shall convey to District all of its right, title and interest in and to the Ravenswood Drill track facilities and the real property on which they are located by executing and delivering to District a Quitclaim Deed in a form acceptable to District. C . In consideration of the rights conveyed by the Quitclaim Deed, District shall pay to Company the sum of One Thousand Nine Hundred and Eighteen and No/100 Dollars ($1918 . 00) in cash upon receipt of the executed Quitclaim Deed. 3 . Upon its acceptance and recordation of the Quitclaim Deed ( "Closing" ) , District shall assume sole responsibility for the Ravenswood Drill track facilities and real property rights . District agrees to indemnify and hold harmless Company from and against any and all loss, liability, expense , claims , costs , suits and damages that may arise subsequent to the date of closing. 4 . District and Company shall use their best efforts to expedite the closing of the transaction with the goal of closing within six months of the date hereof . Should the closing not occur within one year of the date hereof , then each party may terminate this Agreement upon written notice to the other with each party bearing its own costs and having no clair, against the other by this Agreement. i i I i Agreement - Southern Pacific Transportation Company Page 3 I i I i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof_ MIDPE'NINSULA REGIONAL OPEN SPACE SOUTHERN PACIFIC TRANSPORTATION DISTRICT COMPANY APPROVED AS TO FORM: By: its Date: Sta__ ey Nor on, District Counsel ACCER ED FOR RECOMMENDATION: By: its Date: L= Craig Britton;,SR/WA/ j Land Acquisition Manager I G AP-PROVED AND ACCEPTED: President, Board of Directors r.- r S T � _ District Clerk Date: I • RAVE 1d{0D M.. -j0'- Z To Jct les Av e `� "`4 C j / Goo "ic s. b V 1p�)Jr� � 5 V- 107 20) A J { ti 400 0 40CI 800 24 _ SC ALE FEET z oA�D J u 4 Zo 2t .. t U A u v -`a `„.ei�•�r 6 c o '+0 k vo A c Page { ®f �...�Ii....n r J R-89-72 WL N& I (Meeting 89-10 0 Of April 26, 1989) 3WW amw MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 20, 1989 TO: Board of Directors FROM: H. Grench, General Manager CONTRIBUTORS : J. Fiddes, Administrative Services Manager; C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; and M. Hale , Public Communications Coordinator SUBJECT: Action Plan Program Evaluation for 1988-1989 Fiscal Year Recommended Action: Accept the program evaluation for the 1988-1989 fiscal year. Discussion: The material for the second Action Plan program evaluation session for the 1988-1989 fiscal year is attached. For each of the District ' s programs and subprograms, staff has summarized progress for key projects and activities for the nine-month 1988-1989 fiscal year. The following paragraphs highlight each of the program' s activities during the last five months of the 1988-1989 fiscal year. You reviewed progress for the first four months at your November 30 meeting (see report R-88-142 dated November 18 , 1989) . A. Open Space Acquisition Program The District acquired 925 acres of land during the last five months of the 1988-1989 fiscal year. These transactions included the Aine and DeRijke property additions to Foothills Open Space Preserve; the Laurie , Young, Fontana, Brennan, Alsberge, and McClellan property additions to the Sierra Azul Open Space Preserve; and the Peninsula Open Space Trust (Scott) acquisition that was acquired on a cooperative basis with the Town of Los Gatos . Approximately 1 , 740 acres of land were pur- chased during 1988-1989; 53% of the acreage was acquired during the last five months of the fiscal year. The District has now committed $8 , 865, 000 for specified projects funded under Prop- osition 70 . Only the $985, 000 allocated for connections be- tween District preserves and Castle Rock and Portola State Parks remains in the specified projects category. R-89-72 Page two B. Open Space Management Program The Planning, Design, and Development Subprogram' s emphasis for the past five months has been budget preparation, implementa- tion of public access improvements at Pulgas Ridge Open Space Preserve, acquisition planning, interagency trails planning, and preparation of policies and guidelines for resource manage- ment and trail use. Staff focused on planning and design projects for access facilities at Skyline Ridge, Ravenswood, Pulgas Ridge, Thornewood, and Windy Hill Open Space Preserves . Plans and specifications for Rancho San Antonio' s water system and restroom facilities were completed. Comprehensive acqui- sition planning was done for El Serena Open Space Preserve, and thirteen land use reports were completed for specific lands to be acquired by the District. Work continued on the resource management plan and the trail use policies . Two Use and Management Plans were reviewed, and a meeting was held with Blackberry Hill Road neighbors of the Sierra Azul Open Space Preserve. Plans from other public and private entities requiring staff attention included the Youth Science Institute 's proposal for an environmental farm; San Mateo County' s and East Palo Alto ' s bayfront plans; the District Master Plan update; Big Creek's timber harvest plan; the Vidovitch and Benedetti development proposals; and the San Francisco Bay and Ridge Trail proposals. The Operations, Maintenance, and Volunteer Subprogram' s emphasis for the past five months included budget preparation, incorporation of new sites, principally in the Sierra Azul area, into the patrol and maintenance schedules, implementation of approved and funded site improvement projects, implementa- tion of a field safety program, and the filling of the new Senior Rangers positions. The field staff expanded its patrol of Windy Hill , La Honda Creek, Long Ridge, Purisima Creek, and St. Joseph's Hill Open Space Preserves. Demolition and site clean-up and construction projects were completed at Pulgas Ridge and Sierra Azul Open Space Preserves. Work started on the Black Mountain Trail rerouting, and staff continued to monitor the Jones Trail on St. Joseph's Hill Open Space Preserve. Volunteer events included oak tree planting at Rancho San Antonio Open Space Preserve and trail projects at Monte Bello, Los Trancos, and Purisima Creek Redwoods Open Space Preserves. District docents led approximately 525 people on various hikes and outings, including a tour of the Thornewood house. There were special docent-led hikes at El Sereno Open Space Preserve and several spring weekday excursions at Russian Ridge and Long Ridge Open Space Preserves. R-89-72 Page three C. Communications Program Production work continued on the new-design series of trail brochures, with the one for Purisima Creek Redwoods Open Space Preserve being the first to be printed. The printing is being completed in time for the May 13 event to dedicate the pre- serve. Draft text and a mockup of the Visitor's Guide has been reviewed by staff. The text and design are being revised be- fore presentation to the Board. Artwork for the new District seal, ranger patch, and recognition pin was completed and is undergoing staff review. The Board approved the quarterly schedule of alternating issues of Open Space and a newsletter. The first publication in this new program will be the annual report issue of Open Space, to be published in June 1989. Preparation continued for the May 13 event at Purisima Creek, to be hosted by the District, the San Mateo County Board of Supervisors, the San Mateo County Parks and Recreation Commission, and the Bay Area Ridge Trail Council. Staff also focused on budget preparation activities for the 1988-1989 fiscal year. D. General Management and Program Support The primary activity in terms of time for the General Management and Program Support section was coordinating and overseeing the 1989-1990 budget preparation. The first of the Budget Com- mittee ' s six meetings was held in late January. The budget itself was presented for Board review at the March 8 meeting. In addition, staff and the District' s personnel consultant completed a revised salary survey for General Manager ap- pointees ' positions . The 1989-1990 Action Plan was initially presented to you for consideration in November and December. You adopted the final version of the plan at your March 2 meeting. R-89-72 Page four OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations and Special Projects B. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of strategic open space within the District planning areas . General Program Emphasis for 1988-1989 The program' s emphasis will be to complete, as soon as possible, the acquisition (at fair market value or less) of all open space lands funded for the District under the 1988 State Park Bond Act Initiative. PROGRESS: The District received a $6, 402, 500 reimbursement for acquisition of the Teague Hill Open Space Preserve. The Board approved an additional $2,462, 500 of acquisitions as additions to the Sierra Azul Open Space Preserve that will complete the $8 , 865, 000 in specified projects grant funding. Only the $985, 000 allocated for connections between District preserves and Castle Rock and Portola State Parks remains in the specified projects category. The District applied for the $968 , 000 for per capita grants under Proposition 70 which can be spent after July 1, 1989. sl ------------- - ------------------- R-89-72 Page five 1988-1989 Negotiations and Special Projects Subprogram Objective The objective of the Negotiations and Special Projects Subprogram is to provide for the acquisition of all real property rights necessary to secure a recreational greenbelt in the foothills and baylands, utilizing the major portion of the District' s income. Key Projects and Activities 1. Eliminate the Previous Land Commitments backlog by completing the acquisition of the Stanford et al. property. PROGRESS: The Stanford parcel was acquired. 2. Convert the budgeted funds in the New Land Commitments budget category into open space lands at desirable prices (fair market value or less) , balancing the desirability of the potential acquisition with the availability of limited funds, including, where possible, private financing with favorable terms. PROGRESS: Twenty-one parcels totaling 1, 741 acres were acquired for $6, 396, 116 or an average of $3,674 per acre. These purchases included $2, 348 , 677 in short-term, private financing at 5% interest in anticipation of receipt of Proposition 70 funds and $380,750 in long-term owner financing at rates varying from 6% to 7%. The major projects included completion of the new Teague Hill Open Space Preserve acquisition and settlement of the long-standing dispute over the "Deer-Meadow" area near Page Mill Road in Palo Alto. 3. Complete the Ravenswood Open Space Preserve federal Land and Water Conservation Fund grant and the District ' s trail right-of-way acquisition for San Mateo County Coastal Conservancy grant. Keep abreast of other grants available to the District, applying where feasible. PROGRESS: The Land and Water Conservation Fund grant project was not completed. One of the four parcels required for the Coastal Conservancy grant has been acquired, but clean-up of the arsenic contamination on the other parcels by responsible parties has delayed the project's completion. A total of $8, 865, 000 of the $9, 850, 000 in specified grants under Proposition 70 was spent, and the District submitted the per capita grant in the amount of $968 , 000 for funding after July 1, 1989. 4. Work with Peninsula Open Space Trust to complete at least one acquisition project that significantly furthers the District ' s overall open space goals. PROGRESS: The District acquired the 100-acre Thomas parcel from Peninsula Open Space Trust (POST) as part of the land exchange transaction for the former Bullis property ranch area. POST gave R-89-72 Page six the District a 0. 39 acre of land, and the property became an addition to La Honda Creek Open Space Preserve. POST also acquired the Cathedral Oaks property from Yehudi Menuhin at a bargain price of $325, 000 for future sale to the District or another public agency. The District and the Town of Los Gatos split the purchase price of the POST (former Scott) property in the Sierra Azul Open Space Preserve. 5. Seek and encourage agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space such as a joint project with the Town of Los Gatos. PROGRESS: The Town of Los Gatos adopted a three-year open space acquisition program as a part of their 1988-1989 budget process . This program makes up to $100, 000 available per year for appropriate District-sponsored acquisitions. The first project approved was the cooperative purchase of the POST (Scott) property. The Schwabacher property exchange was approved, and after close of escrow, the District will attempt to negotiate an agreement with County of Santa Clara for the Stevens Canyon trail project. A purchase contract with Santa Clara County for the Moody Gulch project was approved. The transfer of the Redwood Park subdivision lands from the County of San Mateo was initiated, and the District acquired 21 lots by tax deed in this area. ---------- R-89-72 Page seven 1988-1989 Enterprise Activities Subprogram Objective The objective of the Enterprise Subprogram is to manage all the District ' s revenue producing activities in such a way as to maximize income from enterprise accounts consistent with Open Space Management policies and to explore new compatible activities . Key Projects and Activities 1 . Administer all leases and rental accounts , updating rental rates and other lease conditions as opportunities arise, to maximize income SII consistent with Open Space Management policies . PROGRESS: A new lease was negotiated for the house on Skyline Ridge ti Open Space Preserve, and the Black Mountain communications lease with Stanford University was renegotiated. A lease-exchange agreement was negotiated for the District ' s assumption of the Skyline Ridge Open Space Preserve water system for the Woodward Christmas tree farm lease. A new lease is being negotiated on the Christmas tree farm to "buy-back" the areas needed for the new public parking areas at Skyline Ridge Open Space Preserve. An evaluation and review of all enterprise rental units is in progress with adjustments to be made by July 1, 1989 . 2. Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. PROGRESS: Repairs were made on residences on the Purisima Creek Redwoods, Skyline Ridge, and Monte Bello Open Space Preserves. A new water pump was installed and the septic system was overhauled at the Skyline Ridge Open Space Preserve residence. In conjunction with Open Space Management, the on-going repairs to the water system on Skyline Ridge Open Space Preserve are being done. Roads were maintained on Saratoga Gap, Skyline Ridge, Rancho San Antonio, Fremont Older, Long Ridge, and Monte Bello Open Space Preserves . Major pruning work was done around the Long Ridge Open Space Preserve residence. 3. Prepare cost/benefit studies on a case by case basis as major repair (or improvement) and rental decisions arise. PROGRESS: After analysis , the Perretta house on the Sierra Azul Open Space Preserve was demolished, and the house on the Russian Ridge Open Space Preserve was studied. A proposal from Youth Sciences Institute for a residence is being studied. The conversion 4 of the upper house at Rancho San Antonio Open Space Preserve into a duplex is in progress. The barn structure at El Corte de Madera Creek Open Space Preserve will be reroofed. R-89-72 Page eight OPEN SPACE MANAGEMENT PROGRAM Subprograms A. Planning, Design, and Development B. Operations, Maintenance, and Volunteer To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management policy that provides proper care of open space lands, allowing public access appropriate to the nature of the land and consistent with ecological values. General Program Emphasis for 1988-1989 The 1988-1989 emphasis of the Planning, Design and Development Subprogram year will be on commencing implementation of the Resource Management Policies and the Trail Use Standards. Implementation of existing grant development projects is also of highest priority. The focus of the Operations, Maintenance, and Volunteer Subprogram will be to operate under the adopted the field operations procedures and to concentrate on increasing site resource protection, public use education, and patrol on District sites . The intent of the entire program is to refrain from initiating further major capital improvement projects until the implementation of projects currently under consideration is well in hand. PROGRESS: Staff and an outside planner have made significant progress on the trail use guidelines . The guidelines will be presented to the Board for consideration and adoption in June, 1989. The Resource Management Policies were drafted, and the Russian Ridge Open Space Preserve plan is being completed as a sample preserve to illustrate the guidelines. Both the guidelines and sample plan will be presented to the Board for review and adoption in August, 1989. Significant progress was made on all grant development projects. The Purisima Creek Redwoods improvements were completed. The plans and specifications for the Skyline Ridge, Russian Ridge, and Picchetti Ranch Area improvements were completed, and all appropriate permits obtained. Site resource protection, public use education, patrol, and volunteer project increased on District sites because of additional field positions recommended in the Open Space --—---------R-89-72 Page nine Management five-year staffing plan. Two Senior Ranger positions and the Volunteer Coordinator position were filled. Field operations procedures were drafted and are being reviewed. No additional major capital improvement projects were started, and the Proposition 18 grant-funded projects are now in hand. Smaller projects, such as the Thornewood and Pulgas Ridge public access improvements that were previously deferred, have been the focus of both additional planning and implementation during the fiscal year. The Black Mountain trail realignment work, as stipulated in the agreement with the Trust for Hidden Villa, has started. Land and Water Conservation Grant funds were approved for further trail construction at the Skyline Ridge Open Space Preserve, as were the plans for this project. Proposition 70 grant fund applications for historic preservation projects at Rancho San Antonio Open Space Preserve and the Picchetti Ranch Area and trail improvements at Russian Ridge Open Space Preserve were submitted. In addition, a 1989 Land and Water Conservation Fund grant proposal was submitted to complete improvements at Pulgas Ridge Open Space Preserve. R-89-72 Page ten 1988-1989 Planning, Design, and Development Subprogram Objective Provide short-term and long-range acquisition planning and the formulation and review of Use and Management Plans, as well as overseeing the physical implementation of capital improvements for public access and the interpretation, and for resource management, master and other special plans. Key Objectives and Activities 1. Implement Board approved major public access improvements including parking areas, access roads, and trails, and lake improvements at Skyline Ridge Preserve; and parking areas and access facilities at Russian Ridge and Windy Hill Open Space Preserves. Complete grant funded improvements including Picchetti Ranch Area building restoration and trails and a brochure at Purisima Creek Redwoods Open Space Preserve. PROGRESS: Significant progress has been made on all major public access projects. All improvements were completed at the Purisima Creek Redwoods Open Space Preserve including trails, parking lots, toilets, and signing. The preserve' s brochure will be completed in time for the May 13 event. Plans and specifications for the Picchetti Ranch Area' s grant project have been approved. Plans and specifications for all the Proposition 18 and Land and Water Conservation Fund grant projects at Skyline Ridge and Russian Ridge Open Space Preserves have been completed, including approval by the state and permits by San Mateo County. These plans include the Alpine Road tunnel that received special funding from the state. Plans and specifications for the Windy Hill Preserve improvements will be completed during the first quarter of the 1989-1990 fiscal year. 2. Implement Board adopted District-wide trail use guidelines by applying them to site specific Use and Management Plans. PROGRESS: The policies and guidelines will be presented to the Board for consideration and adoption in June, 1989. The research phase of the planning process is completed, and it included exhaustive interviews and information gathering from local trail users and park agency personnel throughout the western United States. 3 . Formulate a minimum of one and a maximum of three site specific Resource Management Plans following Board adopted policies and as incorporated in the Relative Site Emphasis guidelines. R-89-72 Page eleven PROGRESS: Resource management policies and guidelines were drafted and are being applied to a specific plan for the Russian Ridge Open Space Preserve. The policies, guidelines, and the Russian Ridge plan will be presented to you for consideration and adoption in August, 1989. 4. Continue multi-jurisdictional planning projects for the Bayfront and Ridge Trails and the Ravenswood Preserve Master Plan. Cooperate with San Mateo County on the completion of access improvements at the Ravenswood Open Space Preserve. PROGRESS: The Bay and Ridge Trails corridor alignment plans were completed with considerable input from District staff and Board members. Three sections of the Ridge Trail were dedicated on District preserves. Planning with San Mateo County, East Palo Alto, and other cities continues in conjunction with long-range access and enhancement plans for the Ravenswood Preserve. District staff is working with San Mateo County staff in completing access improvements at the preserve. This access improvement project includes review and approval of plans and specifications and negotiating appropriate levee trail easements. R-89-72 Page twelve 1988-1989 Operations, Maintenance, and Volunteer Subprograms Objective Provide responsible stewardship of all District lands by furnishing those public safety, maintenance, and resource protection services necessary and appropriate for effective management of District lands. Key Projects and Activities 1. Implement changes approved in adopted Open Space Management staffing study including additional Open Space Technicians, Mechanic/Equipment Operator, and Senior Patrol Ranger positions . ti PROGRESS: An additional Open Space Technician position and the two Senior Patrol Ranger positions were filled. A job specification for the Mechanic/Equipment Operator position will be presented to the Board for consideration in July, 1989. 2. Complete renovation of structures at Rancho San Antonio Open Space Preserve including the upper and lower residences, the Grant house, and the site water system. PROGRESS: The conversion of the upper residence will be completed by June, 1989. Plans for the lower residence will be completed by February, 1990. The Grant house was reinforced, and a Proposition 70 proposal was prepared to try to get funding for the structure's renovation. A mini- master plan was prepared for the ranger yard to determine overall needs of the ranger program at Rancho San Antonio. Staff completed a public restrooms feasibility study at Deer Hollow Farm. The study's recommendations will be included in the Comprehensive Use and Management Plan for Rancho San Antonio that is scheduled for presentation to the Board in July, 1989. 3. Implement initial changes in field operations as outlined in the adopted Field Operations Guidelines. PROGRESS: Field operations guidelines were drafted and will be presented to the Board for consideration and adoption in July, 1989. Any initial changes in operating procedures would then be implemented. 4. Under the direction of the Volunteer Coordinator, with assistance from the Docent Coordinator, develop and initiate a comprehensive plan for District volunteer services. PROGRESS: The Volunteer Coordinator was hired in August, 1988. It is anticipated that a volunteer services plan. will be completed by December, 1989. - -------------- R-89-72 Page thirteen ti COMMUNICATIONS PROGRAM Subprograms A. Public Affairs and Education B. Organizational Relations C. Media Relations To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage public communications and involvement in District activities. General Program Emphasis for 1988-1989 In order to expand general public awareness of the District and to increase public involvement in specific District activities, the Communications Action Plan for 1988-1989 will emphasize the completion of projects begun in fiscal year 1986-1987 , primarily those related to printed communications. PROGRESS: The District ' s new graphic design is being implemented in a series of trail brochures, which will include new topographic maps. The brochure for Purisima Creek Redwoods Open Space Preserve will be printed and available for the Preserve' s May 13 public event. Draft text and a mockup of the proposed Visitor's Guide were completed, and following staff review, are undergoing substantial revision. Artwork for the District seal and ranger patch was completed, and it is being reviewed by staff before presentation ti to the Board. R-89-72 Page fourteen 1988-1989 Public Affairs and Education Subprogram Objective The objective of the Public Affairs and Education Subprogram is to generate greater public awareness, involvement, and support of the District through a continuing campaign to inform and educate the constituency about the District ' s sites, program, and goals . Key Projects and Activities 1 . Write, print, and distribute new Visitor ' s Guide as replacement for the all-site brochure, if the preliminary mockup received Board approval . PROGRESS: Draft text and layout were completed, and following staff review, are undergoing revision before presentation to the Board. 2. Continue, as approved, further phases of proposal for new comprehensive graphic identity and printed image program for the District, if first phase received Board approval . ti PROGRESS: Color mockups of the new District seal , ranger patch, and recognition pin were completed and are being reviewed by staff before presentation to the Board. 3 . Determine whether to publish a periodic newsletter and implement, as approved. PROGRESS: The Board approved a quarterly publication schedule of alternating issues of Open Space and a newsletter. The first publication in this new series will be the annual report issue of Open Space, to be mailed in June 1989. 4. Print Land Acquisition Policy brochure, if not produced in fiscal year 1987-1988 . PROGRESS: The brochure was printed and mailed in September, 1988. 5. Conduct public event at Purisima Creek Redwoods Open Space Preserve. PROGRESS: The public event will be Saturday, May 13, 1989. It will be co-hosted by the District, the San Mateo County Board of Supervisors, the San Mateo County Parks and Recreation Commission, and the Bay Area Ridge Trail Council. R-89-72 Page fifteen 1988-1989 Organizational Relations Subprogram Objective The objective of the Organizational Relations Subprogram is to inform other public agencies and private organizations about the District and to secure legislation to protect the District ' s funding and otherwise aid in the accomplishment of the District ' s goal . Key Projects and Activities 1 . Accomplish or make significant progress on priority items in District ' s Legislative Program. PROGRESS: All five "A" priority items were accomplished; two of four "B" priority matters were successfully carried out, and the other two are longer term; another two "B" priority items were assigned to Legal Counsel for drafting; and Proposition 70, Proposition 99, and Santa Clara county measure B, all of which the Board supported, were passed by the voters. A Legislative Program for the new session was adopted and implementing legislation has been introduced. 2. Produce 1987-1988 Annual Report. PROGRESS: The 1987-1988 Annual Report was included as a special section of the Fall 1988-Winter 1989 issue of Open Space, mailed in November 1988 . 3. Hold a joint meeting with the San Mateo County Parks and Recreation Commission. PROGRESS; Initial planning for a joint meeting was discussed. However, a mutually agreeable date before the end of the nine-month fiscal year was not found. The Commission will be co-hosting the May 13 Purisima Creek Redwoods Open Space Preserve event. R-89-72 Page sixteen 1988-1989 Media Relations Subprogram Objective The objective of the Media Relations Subprogram is to inform the public as fully as possible about the District' s purposes and activities through news stories, features, and public service announcements in the press, and on radio and television. Key Projects and Activities 1. Write and produce news releases covering Board meetings , special meetings, District policies, docent walks and volunteer activities for the public in accordance with the District's policy statement regarding open information and cooperation. PROGRESS: Releases are sent after every Board meeting, in addition to special releases for docent walks and hikes, specific volunteer projects, and others as soon as the information becomes available. 2. Publicize availability of District sites at a level consis- tent with the Board' s Policy for Relative Emphasis of District Sites. PROGRESS: In response to media inquiries, the emphasis is placed on the preserves having the facilities capable of accommodating larger numbers of visitors, including Monte Bello (Page Mill and Picchetti Ranch Areas) ; Los Trancos; Windy Hill; Purisima Creek Redwoods. Development plans for Windy Hill, Skyline Ridge, and Ravenswoods Open Space Preserves have attracted the greatest local media interest. 3. Publicize new Volunteer Coordinator' s program activities. PROGRESS: This new program has been publicized through the emphasis on recruitment releases for specific volunteer activities, such as California Trail Days and other trail- building and restoration projects . General promotion was carried in inserts mailed with Open Space. Material is being gathered for a special brochure to be used on an ongoing basis in response to inquiries about volunteer projects. The primary communication, however, is a news- letter produced by the Volunteer Coordinator several times a year and mailed to individuals who have expressed an interest in volunteer projects. ---- - - - - - - - R-89-72 Page seventeen GENERAL MANAGEMENT AND PROGRAM SUPPORT To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Emphasis for 1988-1989 In light of the District' s overall future transition from an acquisition to an open space management agency, General Management and Program Support will focus on initiating long-term planning and analysis of potential staff structures and of space, equipment, and organization needs. PROGRESS: The long-term planning and analysis process has begun. R-89-72 Page eighteen 1988-1989 General Management and Program Support Objective The objective of the General Management and Program Support is to provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board' s policies and directives . Key Prot cts and Activities 1. Provide necessary interpretation, coordination, direction, and administrative base in order to carry out Board policies, Action Plan, and specific actions according to written and unwritten Board priorities. PROGRESS: Substantial progress on specific Action Plan projects and activities has been made in all programs, and staff carried out various Board policies. Significant staff time was spent on preparing for and implementing changes required to meet the new April 1 fiscal year starting date. 2 . Administer District' s personnel functions with assistance of consultants, as necessary, and initiate long-term planning for the District' s future overall organization structure and staffing requirements. PROGRESS: Long-term planning for future overall organization structure and staffing has been initiated. 3. Provide required functions for the election of District Directors in Wards 2, 3, 4, and 7, and familiarize any new Director with the District ' s activities. PROGRESS: Completed. R-89-68 (Meeting 89-10 April 26 , 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 18 , 1989 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Legislative Program Status Report Recommended Actions : 1 . Adopt additions to legislative program as proposed herein. 2. Adopt Resolution Supporting Creation of the American Heritage Trust Act (HR 876) . 3 * Request the Legislative Committee to investigate mechanisms to create increased District contacts on a regular basis with state legislators and local officials and to report back to the Board with recommendations . Introduction: On December 14 , 1988 you adopted the District ' s initial legislative program for the 1989-1990 legislative session (see report R-88-154 dated December 6 , 1988) . Your Legislative Committee, consisting of Directors Bishop, Duffy, and Shelley, met on April 5, 1989 to review progress on the program and to consider items which might be added now or in the future. Discussion: Attachment A is a summary status report on the initial legislative program. Attachments B, C and D, E, and the resolution relate to items 1, 8 , 9, and 12 respectively in Attachment A. The committee also considered the following five items to be added to the legislative program: 1. Support for SB 140 (Attachment F) , authored by Senator Kopp, exempting local governments from paying sales tax for purchases greater than $1000 . 1 recommend a "C" priority. See attachment F. 2 . Opposition to ACA 8 , authored by Assembly Member Floyd, which would eliminate the Board' s borrowing power as we have been using it. See pages 2 and 3 of Attachment G. Since I am informed that this bill does not stand much chance of passage, I recommend only a "B" priority at this time. ----- - - - - - 3. Opposition to SCA 1, authored by Senator Garamendi, which would remove the exemption from the Gann expenditure limits of the District and other agencies that levied a tax rate of not more than 12 1/2 cents per $100 of assessed valuation in fiscal year 1977-1978 . See pages 3 and 10 of Attachment H. I recommend an "A" priority. 4. Neutral position on SB 1223 (Attachment I) , authored by Senator Petris, which would allow directors of the East Bay Regional Park District to receive compensation for up to ten meetings per month rather than five. 5. Clarification of the Brown Act as it relates to the way properties to be discussed in closed session are publicly announced. I recommend a "C" priority. Other items discussed by the committee were a proposed California Wildlife Protection Act of 1990, a potential initiative for an alcohol tax, and the 1989 legislative platform of the California Park and Recreation Society (CPRS) . I am a member of the CPRS Legislative Committee and chair of its historic preservation subcommittee. Director Renshaw has suggested that we investigate mechanisms to create increased Board member contacts on a regular basis with state legis- lators and local officials. These contacts could be very helpful to the Districts ' legislative program and in fostering closer cooperation with local governmental bodies. This would be an appropriate topic for the Legislative Committee to consider and return to you with recom- mendations . ATTACHMENT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1989-1990 Initial Legislative Program Status Report - April 5, 1989 Seek equitable distribution of park and open space funds generated by Proposition 99 (S/A) Comment: Proposition 99, the Tobacco Tax Initiative, specified that 5% of the annual proceeds would go toward environmental protection. Of the estimated $30 million allocation, $5 million each would be for wildlife, waterfowl, and fisheries habitat protection and $15 million for local and state parks . The legislature will decide the specific ways these amounts may be spent. Status: The Governor' s proposed budget allocates $7 . 5 million of Proposition 99 funds for the Roberti-Z 'berg-Harris program. Assembly Member Costa in his AB 1961 allocates funds instead to the State Department of Parks and Recreation for matching grants to cities , counties and districts on the basis of 70% state and 30% local money. Mr. Costa' s AB 1899 also deals with Proposition 99 allocations . 2. Support state funding of Roberti-Z 'berg-Harris Urban Park, Recreation and Open Space Program (S/A) Comment: Although this is a popular program, state budget priorities have left it underfunded or unfunded some years. Some of the proceeds from Proposition 99 could be allocated to this program on a continuing basis. Status : The Governor ' s proposed budget allocates $7 . 5 million of Proposition 99 funds for the Roberti-Z'berg-Harris program. No commitment has been made as yet that the allocation would continue. 3. Support 1990 state bond issue for parks and open space and an equitable distribution of funds (S/A) Comment: Assembly Member Costa and Senator Presley are probable authors of a bond act bill, which would be the first such bond act proposed by the legislature since the 1986 parks bond act. Status : Mr. Costa has introduced AB 145 for a 1990 bond act, and Senator McQuarquodale has expressed his intent to author a similar bill. 4 . Seek state budget allocation for a select District project (S/A) Comment: A project of particular significance would be chosen, as was done for the whole access tunnel project. Status : No project has been chosen as yet. Page two 5. Seek funding for proposed Bear Creek Redwoods State Park if property becomes available at reasonable cost (SIB) Comment: This is a carryover item. Status.: The property is not yet available at reasonable cost. 6. Support a state endowment fund for parks and open space (SIB) Comment: The fund would be modeled after the National Heritage Trust that is being considered by Congress. A large endowment would be established, and the earned interest would be used in a continuing fashion for state and local parks and open space. Status : The California Park and Recreation Society is pursuing this idea. 7 . Require a redevelopment agency, when it shares a portion of the tax increment with one entity levying taxes within the redevelopment area, to share with other entities levying taxes within the redevelopment area an equal percentage of taxes that would have been lost by each entity. (SIB) Comment: This is a carryover item. The counties have been largely unsuccessful in obtaining redevelopment tax-increment-financing reform. Status: Some new bill regarding redevelopment law might be tailored to include reform measures. 8 . Withholding Potential Density Credits From Dedication. Amend the District' s enabling legislation to state explicitly that density credits may be withheld from dedication, or perhaps used even if not explicitly withheld. (SIB) Comment: This item was adopted by the Board in February, 1988 and assigned by the Board to Legal Counsel for drafting. Status: Assembly Member Cortese has introduced AB 2301 for the District. 9. Seek legislation to extend time for audit completion from 90 to 120 days after end of fiscal year (SIB) Comment: It is difficult for the auditor to complete the audit within the current 90 day limit. Status : Senator Alquist has introduced this legislation, SB 1596, for the District. The East Bay Regional District is sponsoring an identical bill in the Assembly, and the legislative advocates of our two agencies are coordinating efforts . 10. Support legislation to create funding source for removal of abandoned vehicles (SIC) Page three Comment: In the last session there were several bills , none of which passed, to create a funding source. Disposal of abandoned vehicles is a real problem for the state, counties, and cities. The District could also benefit if funds covered removal from District lands. Status: Review of new bills is in progress to determine if there are any on this subject. 11. Support formation of south Santa Clara County open space agency (S/C) Comment: It is not known at this time what direction the effort will take, but the 2020 Task Force implementation committee and citizens groups are discussing the matter. Status : Senator Mello has reintroduced legislation. SB 1422, like his SB 2581 which was vetoed last year. 12. Support the federal American Heritage Trust (S/B) Comment: A large endowment trust would be set up, and the earned interest would be used to fund federal, state, and local park, recreation, and open space projects, probably in place of the Land and Water Conservation Fund, which has been underfunded in recent years . Bills to establish the trust did reasonably well in the last session of Congress but did not pass before adjournment. Legislation is being reintroduced in the new session with strong bipartisan support. Status: Legislation, HR 876, authored by Congressman Morris Udall , is being actively supported by the National Recreation and Parks Associ- ation. The District is active in the effort. S = Support A = Top priority B = Middle priority C = Lowest priority Initial Legislative Program Adopted by Board of Directors December 14 , 1988 a.i�xmu'. ,_,xatiux, u,w.Mwx.t.:r.x+«ruse.:.wu.Y-.W.wmw.mew.cid..:aYwawmitr»d+.Hak>•..an+naro-.. ,.:oc,uwa:�.m .ww..*w..,w.. �11TION- S EP Pj ATTACHMENT B YES ON PROPOSITION 99 CALIFORKA ENVIRONMENTAL CONSEQUENCES OF THE TOBACCO TAX t - INITIATIVE Proposition 99 would raise the tobacco tax by Amer#can Academy arPediatrsts $.25 per package of cigarettes, and by comparable American Cancer Society amounts for other tobacco products. Most of the Caa c.rnia Division funding would go into teaching children not to use Am:rican Hean Association tobacco, health benefits for those unable to Ar.,erica°Lung A&wrrita anon at Cafitarnia purchase health care, and research into diseases B%x Cross related to tobacco use. of California Asm'c'�;°r Proposition 99 is expected to generate more \on-5;>toicc^s Rights '. Caiiforn;aA-ti-ociationof than $600 million per year in new revenue. Five School Health Educators percent of these funds would go towards California Assxanon for Medical t_ah°ratory Technology environmental protection. Specifically, these California Dantai Association funds would be used as follows Calif°rnia A3-�ociatian of Hospitals and H-aith Systems California Association of Annual Amount PuNic Haspitais California MeeicatAssociation Wildlife Habitat Protection $5 million Californnta tiursec.Association California Prcfessional Fircfieh*ers California Pul-hc Health Waterfowl Habitat Protection $5 million A?socra ton Ca2ifurnaScanon cards n,sx:ation Fisheries Habitat Protection $5 million Cahrorria Sr+ ietY of Pcr.cJontisrs Local and State Parks $15 million Ca'.iforn.a State Fireman'; Asir anon Clif°rnia Thoracic Society The specific park language reads "Programs to Campa:gn California enhance state and local park and recreation Health Officers Association resources. " of California The Planning and Conservation L:agueofCa[ifomia These funds will be allocated by the Legislature Sack tiichoil on an annual basis. They cannot be switched to Campaign Director other purposes. Funds unused in one year carry over to the next and are not reverted. The funds can be used for either capital outlay or operations and maintenance programs. The Departments of Fish and Game and Parks and Recreation will recommend expenditure plans to the Legislature as part of the budget, and the final decision will be made through the budget process. We urge al Park and Recreation r 1 n n to g endorse Proposition 99 , and to publicize their endorsements. Planning and Conservation League Member, Coalition for a Health California State Headquarters Bay Area Office Northern California Office 585S Wilshire Blvd.,Suite 400 105 Astrid Drive 1029 K Street Mall,Suite.144 Los Angeles,California 9W36-0926 Pleasant Hill,California 94523 Sacramento,California 95814 (213)937-6»64 (415)935-0493 (916)448-0500 I i ATTACHMENT C CALIFORNIA LEGISLATURE-I989-90 REGULAR SESSION - I , ASSEMBLY BILL No. 2301 I Introduced by Assembly Member Cortese March 10, 1989 An act to add Section 5540.3 to the Public Resources Code, relating to districts. LEGISLATIVE COUNSEL'S DIGEST AB 2301, as introduced, Cortese. Regional park, regional park and open-space, and regional open-space districts: development density credits. Existing law authorizes regional park, regional park and open-space, and regional open-space districts to hold, use, enjoy, lease, or dispose of real and personal property of every kind, and.rights in real and personal property, for district purposes. This bill would provide that a district may hold, use, or transfer development density credits, as defined, in the same manner as a private landowner. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows: i i 1 SECTION 1. Section 5540.3 is added to the Public 2 Resources Code, to read: 3 5540.3. The acquisition or dedication Of land by a i 4 district shall not cause the loss or abandonment of any , 5 development density credits obtained by the district 6 upon acquisition. Development density credits may be 7 held,used,or transferred by a district in the same manner 1 8 as a private landowner. As used in this section, 9 "development density credit" mean a credit equivalent 99 60 t Jj A a AB 2301 —2— r I to the number of units that could be constructed under ' , 2 the zoning applicable to the property at the time of its 3 acquisition by the district. t " i M n I!� w �a { � m 99 60 r ATTACHMENT D I dd new section 5540.3 to Public Resources Code: v5- Retention of density credits 4 acquisition or dedication of land by a district shall not cause the loss or abandonment of any development density credits obtained by the district upon acquisition. Such density credits may be held, used or transferred by a district as in the case of a private landowner. As used herein, development density credit means a credit equivalent to tl_ niUmber of units that could be constructed under the zoning applicable I to he property at the time of its acquisition by the District. ,"TIi anation: There may be an opportunity for cooperation with a ne_c,;__boring landowner to allow the housing density of the land area, but not :ha land itself, to be used to increase the allowable density on the i r.e;G -bGring parcel, without detriment to the District's land, in exchange fc- Nast or some of the neighbor's undeveloped land. If and when �- -_-= - of de:--ioprnent credits is allowed between non--contiguous � pre---ties by local ordinance, the District land may also be a valuable j fi :a-�cial asset in this regard. i Pu:-'<_-_ Resources Code Section 5540 states in part that: A district may not validly convey any interest in any real property actually dedicated and used for park or open-space, or both, purposes without the consent of a majority of the voters of the District voting at a special election called by the board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years; and consent need not first be obtained for a conveyance of any real property if the Legislature, by concurrent resolution, authorizes a conveyance after a resolution of intention has been adopted by at least a two-thirds vote of the board of directors of the district, specifically describing the property to be conveyed. i Tl.- Board of Directors of the ;rSidpeninsula Regional Open Space District dvur�ates land for public open space purposes by resolution. This ne:,.- section :.-oitld make it explicit that even though the District's lan-; itself is dedicated and cannot be used for other than park and open s ace purposes, the potential development density credit is not lost in the g ATTACHMENT E SENATE BILL No 1596 3 Introduced by Senator Alquist t ` , March 10, 1989 , M An act to amend Section 5554 of the Public Resources Code, ' `t relating to regional park, regional park and open space, and regional open-space districts. LEGISLATIVE COUNSEL'S DIGEST SB 1596, as introduced, Alquist. Regional park, regional park and open space, and regional open-space districts. Existing law requires the board of directors of a regional park, regional park and open space, or regional open-space district to cause an audit to be rendered of the financial * condition of the district within 90 days after its first meeting following the end of its fiscal year. This bill would extend the time for that audit to 120 days after the first meeting. { Tote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows. I SECTION 1. Section 5554 of the Public Resources 2 Code is amended to read: 3 5554. The board, at or before its first meeting 4 following the end of its fiscal year, shall cause to be 5 rendered fie not later than 99 120 days after the first 6 meeting following the end of its fiscal year and to be published at least once, in a newspaper of general 8 circulation printed and published in the district, a 9 verified certified public accountant's or verified public 10 accountant's audit of the financial condition of the 1 11 district, showing particularly the receipts and 12 disbursements and balance of assets and liabilities for the 1 99 64 , 40 SB 1596 —2-- 1 last preceding year. i f , 1 ; a a 99 70 ATTACHMENT F rvct SENATE BILL No. V14O Introduced by Senators Kopp, Ayala, Craven, Leroy W I Greene, Montoya, Morgan, Rogers, and Stirling January 5, 1989 , A-n act to amend Sections 6007.5 and 6384 of, and to add Section 6376 to, the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. j LEGISLATIVE COUNSEL'S DIGEST SR 140, as introduced, Kopp. Sales and use taxes: exemptions: local governments. The existing California Sales and Use Tax Law imposes a stage sales or use tax on the sale or use of tangible personal propert.- in the state, unless the sale or use is exempted from j i rd bill would exempt from the tar the gross receipts from the sale, and the storage, use, or other consumption of tangible personal property purchased or leased by any city, count-, city and county, community college district, school district, county superintendent of schools, or special district, as defined,in this state,if the purchase or lease exceeds $1,000 and is made with a purchase order. This bill would include property purchased or leased by the State of California within the exemption. The existing Sales and Use Tax Law includes within the defnlition of"retail sale" sales of property to a contractor for use in the performance of contracts with the United States for the construction of improvements on or to real property. It also provides that sales tax applies to the gross receipts from sales to contractors purchasing such property either as the agen s of the United States or for their own account and ` . �x subsequent resale to the United States for use in the 4 performance of contracts with the United States for the ' . const:uction of improvements on or to real property, 99 50 SB 140 2. ---3 ---- SB 140 The }gill W(M)d n'Aw those ixrr�vi,,iOm 4.1g111i i Por purposes of this section, `special district"rradJnns a contracts with a overn11lentill entity. whir"l, Af= xld l 2 legally constituted governmental entity established for- defined to irrc are tllc United 5tatca, or any city cOtxrrt , city 3 the purpose of.,carrying: on specific activities with and county, comrntinity college district, sc ill(A)l d0 r tc°t* 4 definitely defined boundaries. county superintendent of schools, or sEreciaxl district 10 MI'd ►}, 5 SEC. 2. Section 6376 is added to the Revenue and California. This bill would include the 8tatt. Ol` (�%11►tt�rfsi,, �� 6 Taxation Code, to read: within the definition of a governmental entity. 7 6376. There are exempted from the taxes imposed by Counties and cities are authorized to iml�os local sales ;rrrcl 8 this part the gross receipts from the sale of, and the use taxes in conformity with state sales and use taxes, storage, use, or other consumption in this state of any Exemptions from state sales and use taxes enacted by the 10 tangible personal property purchased or leased by the Legislature are automatically incorporated into the local 11 State of California, any city, ,county, city and county, taxes. " " 12 community , college °district; school district, county Section'2230 of the Revenue and Taxation Code provides 13 superintendent of schools, or special district, if the that the state will reimburse counties and cities for revenue 14 purchase or lease exceeds one thousand dollars ($1,000) losses caused by the enactment of sales and use tax 15 and is made with a purchase order. For purposes of this exemptions. 16 section, "special district" means a legally constituted This bill would provide that no appropriation is made and 17 governmental entity established for the purpose of the state shall not reimburse local agencies for sales and use 18 carrying on specific activities with definitely defined tax revenues lost by them pursuant to this bill 19 boundaries: This bill would take effect immediately as a tax levy, but it 20 This exemption does not apply to lessors of mobile would become operative on the first day of the first calendar ' 21 transportation equipment, as defined in Section 6203, quarter commencing more than 90 days after the effective 22 who lease that mobile transportation equipment to a date. ', 23 governmental entity subject to this section. Vote: majority. Appropriation: no. Fiscal'committee: yes. z 24 SEC. 3. Section 6384 of the Revenue and Taxation State-mandated local program: yes. 25 Code is amended to read: i 26 6384. Notwithstanding any other provision of law, the The people of the State of California do enact as follows: 27 tax imposed under this part shall apply to the gross 28 receipts from the sale of any tangible personal property 1 SECTION 1. Section 6007.5 of the Revenue and 29 to contractors purchasing st eh that property either as the 2 Taxation Code is amended to read: 30 agents of the United States a governmental entity or for 3 6007.5. A sale of tangible personal property to a 31 their own account and subsequent resale to t e, United 4 contractor or subcontractor for use in the performance of 32 States a governmental entity for use in the performance 5 contracts with the United States,, the State of California 33 of contracts with the United States a governmental entity 6 or any city, county, city and county, community college 34 for the construction of improvements on or to real 7 district, school district, county superintendent of schools, 35 property in this Stoe state. For purposes of this section, 8 or special district in this state for the construction of 36 "governmental entity" means the United States, the 9 improvements on or to real property in this State state is 37 State of California or any city, county, city and county, 10 a retail sale. The gross receipts from such a sale or the 38 community college district, school district, county 11 sales price of property so sold shall be included in the 39 superintendent of schools, or special district located in 12 measure of the taxes imposed by this part. 40 California. For purposes of this section, "special district" , SB 140 —4— 1 .means a legal/Y constituted governmental entity -� 2 established for the purpose of carrying on specific -> 3 activities with definitely defined boundaries. 4 SEC.4. Notwithstanding Section 2230 of the Revenue 5 and Taxation Code, no appropriation is made by this act 6 and the state shall not reimburse any local agency for any 7 sales and use tax revenues lost by it under this act. . 8 SEC. 5. This act provides for a tax levy within the 9 meaning of Article IV of the Constitution and shall go into 10 immediate effect. However, the provisions of this act 11 shall become operative on the first day of the first 12 calendar quarter commencing more than 90 days after 13 the effective date of this act. O I k � I 0. I F 99 120 i II } ATTACHMENT G dr � � ��3�( �'� ��-r+�...� �-�-►-mac. �rz a� a:�.l��cc�3��� � :� .r • 1"_ CALiFOR1V A MISLA TIiRE(I CULAR SESSION Sav - I Assembly Constitutional Amendment No. 8 �► Introduced by Assembly Member Floyd Ic �- I?L'Cein}?er 16, 1988 Assembly Constitutional Amendment No. 8—A resolution to propose to the people of the State of California an ,�► amendment to the Constitution of the State,by amending the `y heading of, by amending and renumbering Section 6 of, by • repealing and adding Sections 1 and 3 of, and by repealing Sections 2, 4, 5, 5.5, 7, 8, 9, 10, 11, and 12 of, Article XIII B thereof, and by amending Section 8 of, and repealing Section 8.5 of-,Article XVI thereof,relating to expenditure limitations. LEGISLATIVE COUNSEL'S DIGEST JACA' 8, as introduced, Floyd. Expenditure limitations: V balanced budgets: state-mandated local'programs. �. (1) Article XIII B of the California Constitution'generally �. prohibits the annual appropriations subject'to limitation, as defined, ',of•any governmental entity from exceeding its annual appropriations limit,as specified. Certain provisions of Article XIII B require that all revenues received by ar_v entity � b of government in excess of its annual appropriations limit be returned by a revision of -tax' rates or fee schedules, as j specified,except for a portion of excess revenues of the state :.� which are required under Article XVI to be transferred and allocated by the Controller to school districts and community . college districts, under a prescribed formula, over and above j ��.. the amount required under Article XVI to be applied for a minimum level of state support for school districts and community college districts. Certain other provisions- of Article XIII B require the Legislature to establish a prudent j f state reserve ftind for the purpose of receiving and disbursing � these excess state revenues. Other provisions of Article XIII B ' 4 99 40 ACA 8 ACA" 8 : generally require the state to provide a subvention of funds any purpose exceeding in any year the income and revenue'. to reimburse local governmental entities for the costs of any provided for the year without. the approval of the voters. . new ,program or,increased level of service imposed on the This measure would require state and local governments to loyal governmental entities by either,the Legislature or;any 'adopt balanced budgetsi" w 'whereby estimated> •� totai,� * state agency. ', �� ; �,. ; , ,;t ,expenditures of each entity of government for any fis`calyeare This measure would repeal the provisions of Article XIII"B° 'do not exceed its estimated total revenues for that fiscal ear. imposing expenditure limitations on governmental entities, Vote: /. . Appropriation:!) no. ,, Fiscal committee:` "'y6 .r= requiring the establishment of a prudent state reserve fund, ,State-mandated local,program 1no C � ` l•' '` and providing for the allocation of a portion of excess t : .; ,' :° <, .+,° ,_ 'T,; °}it ' revenues of, the state to,, school ,districts and community i 1 Y Resolved by the Assernbly; the Senate concurring,.'That' i college districts. However; this measure would retain the '1 2 the Legislature of;the.State of California at its,198940 existing requirement that the state;provide a subvention of 3 ' Regular Session ; commencing , on the fifth,y day of"� l funds to local governmental entities fear:state-mandated costs 4; December 1988,-tevo-thirds`of the members elected to` ' under,the circumstances described above' ,,_,,, ,: ; ;%3 5 each of the two houseslof the Legislature voting tl erefor f . . {2) ,Article XVI 9ahe:California Constitution requires the 6 hereby proposes to the people of the State of California" state, Commencing with the 198$-89 Fiscall year, to provide a 7 that the Constitution of the State be amended gas follows: ` minimum level of funding for school districts and community ( 8 First—That the+heading of Article XIII B thereof pis';' college districts equal to the larger of 2 amounts determined 9 amended to read: in accordance with prescribed formulas. That article also ' 10 requires additional state funding for school districts and. ill PARTICLE,XIII B community college districts to be provided from a portion of E 12 the excess revenues of the state in accordance with prescribed 13 seNEa%WFY?ff sPE?ems aK r`1l3", formulas. 14 This measure would revise the formulas for determining 15 . x,BALANCED BUDGETS . the minimum level of,state funding for school districts and? 16 Second--That Section a'`I of Article XIII B thereof:is community college districts to eliminate the application of; 117 repealed. .Article XIII I3 expenditure limitations to those_formulas. This? j 18' SEG. 4- =£,e to ` �mial 9�b�e4 t&" measure; would also delete the required additional state i 19 Rmita6m e€the state and of eat Ieea1 funding of school districts,and coiYirnunity, college districts 20 mt e eeed tlie. a el bens 1iflt& of sneh entity"Of ' from a portion of the excess,revenues of the state. :., 21. ge-i,ernme the year as ex #he' v' (3�,• The existing CaliforniaConstitution does not require_ 22 !eeet of °ad, exee t ete state, and local governments to adopt balanced budgets; 23 provided in 91is A+Sele: However,,, the,,,California Constitution., does prohibit the `24 : Third--That Section s 1,As added to Article F XIII 11�" Legislature from creating any debts or liabilities which singly,.; 25 thereof, to read:'t }A «, •°: .� .r r!,k : +., t.. , or,in,the aggregate,with any previous debts ,or liabilities,:, '26 SEC. 1. State loeal t governments shall' adopt .i exceed;;$300,000 unless the statute, is submitted to, and 27 budgets that are ,balanced so .that the estimated total' approved by, the voters, as specified. Other provisions of the:' 28 expenditures of each entity of government for any-fiscal California, Constitution prohibit any county, city,. board of ? 29 year do not exceed its(estimated total revenues,four- that • 1 education, or school district, among other entities, ,from : ` 30 fiscal year, incurring,any indebtedness or liability in any manner or for... 31 Fourth—That Section2 of Article XIII B thereoU is`' i. : ACA 8 ....4_.. ...-5=— ACA"'8. I repoaled. 1lit a the fellow g the year-, ttre . 2 SEGFION 2: _y es it* Emee s f� tttatien. 2 tzt " y to preyet4 tm aggfegitte 3' rill�enues reeei�ed by the state itt emeess of 014 3 appfopriat it, i to emefg1e—ey 4iometuit,whiehisapprepriat by#toOaWifteemphamee,, 4 Sixth—That SeQU6w3 s added to Article XIII B thereof, 5 this A rtiele, whieh wettld etlterwise be required; 5 to read: 6,! pursuant W subdi-visien�4,of this Seetiett,to be returned 6 SEC. 3. "Local"gove°rnment," as used in this=article, 7 ba tistet3 of# t er fee selteflules witltltt the tte�ct 7 means any city, county,+city and county, school'districC, 8 twoUrn7uVauettt. Bsea} years; AwA be trattsCerred and 8 special district, authority;or other political subdivision of , 9 elleeated puarsuant to Seetion 84 of Attiele XA4 up to the 19 or within the iQ et ter permuted that _et. .-, 10 , Seventh--That S ctioiz 4 of Article XIII B thereof is N 11 0)� Emeept as p ift subdiiisietft- : of ;this; 11 repealed. ,4ttit�� jul 12:,Seetien,PeNettues reeeYe4 by atly, ettttty of it 1 12 &F�& 4- The 4 eta c 13 w,i# e#eess 4that ametrft.whieh is by sueh 13 ttew et=e3ktsting ettti�y of by this Artiele ffwy 14 in eeffiplimiee t13is.�Art�tirle the 14 be a nt l;.,t �,a WA the eleeters of sut-h entity, 15,,,ye# Oheg he tettrrtted :6y,e.rev4sion of ttt rates;er fee y 15 subjeet to &nd in,T with eett tittttional,eft4 16 sehedules within the ae* twe au4sequent frsesl, yeftis.- 16 sttttttter' vatitle, Tfte duration of ,stteh 17 :. Fifth--That Section 3;, of Article.XHI B thereof is 17 ehange shall be as deteer ed by< said eleeters, but shall t 18_ repealed. ,�< ti, �< ,,.. 18 i-ft tie event emeeed€ear years frem the mest reeent Yet-6- - 19 EYE& 3: The. �iaus hmit,fer aaty Bsea} 19 of saW eleeters ete4ittg er eenti sueh`edge. � 20 : pu ttntt #e See: shQ he adjusted as Bows., ° 20 Eighth—That Section, 5 of Article XIII B thereof isL 21 . -{-a-} In the eyeet th&t the finatteial resp nsibility of'. i 21 .repealed. , ¢���,:� . � � . , • .,. ;�. 22 .. r...,. .a ice;Male et= ptti=t;.: 22 SF�- 5 Eater r`eht , 4,gayerttt tt °estAhsh . 23 whetherby atute A`;e",itteeVpottttett or ethet=wise;fin 23 stteh eat3ttngerrey; er 't3eJ; trpltttesee; 24 ens entity of gevf: rttteiA to another,theft*far the year iff 24 --eti--eme•n 4, sit3lting farad;trust;of Siff tilar funds as 4 shall.; 25 . whieh sueh"n gfer beeetnes e4feetive the appr-O�Lrl)lxtattens, k 25 deetft reasettable and preper. Cents butiens to any sueh 26 ltttrit of the trattfiferee.entity shall be inereaeed by sueh. ' 26 fund; to the e3ttent?giat yttelt eentributtens ate decked-- 27 ,., €ase�rt hle as said ext shad , � 27- f the �aeeeds e f�'ta*es;`s pa w of is' 28 agree the ape Botts St it of the entity 2$ Abele n��sr ae ions stt� to Rmitatkm i* 29 seems the sttrne �trt-w 29 the year of een� i Neil h 30 -. Ift the eat that the � e � of 30 ,..ep of -fer atitheri to 31 pr�=idin se�iees is tf tsf . pd,°m4tele of in ptt�fry r 31 expeti} sueh w hdr�; �,�tw I" I 32 , an entity of to a priyete entity, et= the , 32 tttpeng sueh f mds; 4tf& for purposes of flits At 666,. . , 33 f rreetal .,seufee , ,the :prevision > of sem,iees is'. i 33, eet3st4ttt-e appt-epriatt subjeet to li ikttien.�,, i v,_�l .34 :'rAmi.r -Pa to whele er ift part; fret other reN-enues e€ ! 34 Ninth—That Section•a:5.5 of Article XIII B thereof. is 35, apt eta of gevermnettt-, to regulatory lieenses,;user 35 repealed. 36; Oharges or user fees;tit fat=the year-of etieh tramfer the 36 SFGT-ION :`�t:det'3t r , State Tom=. -,.Tie 37., preprtattei�s htrtit of sueh entityof ge-vet�tent shall'be . 137 T=p_s?atu_a shall esta�iksh a prudent state reset�e ftad� � 38 ee h 3�: ; ; ant tt as it s1tF.�l deem`reasonable ary.„ �38 snort and �� , 39 the event of aft the apprepriat 39 �- �rithdrtwals fr-ern-the fttt3d shad be 40 l3 t may, be emeeeded pre,,ided that the epprepriatien .} 40 %+Wb,et.to the previsiefts.of Seetieff 5 of this Artiele= ' � m ACA: 8, _.._.G.�, r ._..7 .�. 4ACA 8 a a 1 th--Tha . 'e of leaf t6+e" attd the of stye s .�� rTen t�Section 6 f� Article 1 � III � �l o tce X thereof f 'I3 t e eo is 2,, amended and renumbered to read ? 2 to eta er than sctbvetttions v tat e'ptt��xtt to ,, } 3 Y.,_ , s... , 3 gee4eft 6 of this. ele} ecbyiv a trffnnde efrtx ; 4,, -SEC 2. Whenever the Legislature or any state agency 1 4 {e} ";�'"eeeeds efl i taxes'-, shall inelede, bttt be 5, mandates anew program or higher level of service on any 5 .restYieted to; all 4 enees attd the preeeeis't6Iaft 6.,local,government, the state shall provide a subvention of ? 6 e� of et t;?ftetn { } lieottses;xeeer T.,funds to reimburse st eh the local, government. for the " 7 ehatges, an4 ttsesb; to t-ke:e�t�t #1 st�t��pi s $, cpsts.of stteh the program or increased level of service, 8 exeeed the Bests easet3 borne by stteh tet3tit�}>Wit` 9 vexcept that- the:Legislature may, but need not, provide, 9 , p �the egn ien;ptt8 stet;a sez ree;'a ° 10;; such a, subvention of funds for the following.mandates: 40 hest-men of`tageeesVk Meet to ate' level° 11. f-(a) Legislative• mandates requested by the local 11 ge;ret•-gent; _,.reds of tam' shall k d_64 12 r,.agency affected, �; , = s , , .���,x 3 �;�� _ 1�12 su"Ven, 4em the state,etheis than' st ant i 13 (b)a. Legislation defining, a new,,crime or changing°an' '13 to Seetiott 6 of this�krtiele,and;v4t-h fespeet te'the stye;'' 14 existing definition of a crime A 44 pfeeeedls of takes shell exeltide stteh stzb�et}tiotts;�����, F Legislative mandates enacted prior,to January 1 15 { - -Loeb g ht 964 meatt afty eit3, ee"MYT, 16..419,75, ,.or ;,executive-..,,,orders; or.+regulations initially,46 et distriet,epeeial met; 17 ; implementing,;legislation:=:enacted prior-I'to, January 1' J7 er'et� peh6ee&94bdiYi9ion of et withitt tke Stitte; s 4 1 V r'"v 91 5 f 4 s �. ' s cgs y 3 a ys-� 5;J8 je� of hying ehag feem the Get2sumei_AT'i4 k 19 leventh--That Section 7�.of Article'-XIII B thereof is' 19 'Ind thei��ee States,as by the W�ted 20.,.xepealdd. : ; , t :.�.'20 States I ,,n r of Leber, er sueeesser ages ef,the� 21 & 7:. Nethitig itt this Ar4iele shag be eenstrued to' 21 13ei" States Ge 3ettt; Saw aXw led; 22,t pait the:ability of the state ee of any leeal ge-vernmen+ _22 .ptwpeseq of Seetien 4-, the ehange in eest of living Ytth r et its ebhgie fRtrs erpeet to emisttpg er fntttt e`. 23 the �pteee rg }earrshall i tte a tt eaeeed tk?e 23 ,:Wme __eltatxge+ 24 ,,.blinded� C3 HE3ti4g: r;. t x } it. �t�, r,� 24 i* C�rahfe pep,, eapita .Fl%;e. TW3 . ineeme! 25 Twelfth—That Section 8 of ArticleXIII B "thereof is" 25 'eft ;��' �i �� '1� ' x���"'� '► ��'� 4 .� e r, 26.-,'repealed..,. �„ �_�, s� ; . a. 26 -(- } - °of e T of , 27 t, : 8- Ars; 4sed iff , this: Artiele::!and emeept, as', 27 thafr a sehoel d striet,�shah be determitted b�, a.shed"` - 'bed the-,,beg ,281.at � ise p�videdse Bin+ prese 29 "� t �`elns sub eetto lip tie- of the that stieh , `gg �'�'-., ,�: _shall be�e�ise�;as tteeessa�y;to t~efleet tl-e`�4 30- sal n+eatt a" autherizatien to expend doing a fisea} 30 per edie eeft sus�.eendueted by the United, tState.4;= 31 'yeff the preeeeeds ef taxes lev,ied .by .et for the state;, 31 I epc ent of (;oW�eree, et sue et•agettey of, the _. 32. ei`elttqiye of stag snbt,etttietts fet the ttse aed epera4e4 32 . it-ed States eye =C-he 1-7pulatieft of ate selteel � 33 of leeel, geverttmem -(other theat subventiot s Made'' 33 distriet sltaR ,be:'sueh seheel disWeVs amterage, dEtil ° 34., ptns t; to Seetiee. 6 of +A9.;�� and 34, wee as d$# by a tttet�rad �t�" :.: 35 a��lusiv,e e€ 3�ttnds of taxes, benef pa},tnents 4rem. 35 �M ; r;� ��s `.f _ r` r r 3 t 'p , 36 ietirenent;; per pleym ;ttt t 36 �g+ "Debt mean fegnired to pad the eest of interest attd, 38.,H• .{44 " te:'= - :of an ems'{'38 , ineludiftg the ftinding of emy reserye'er 4414h � 39;4 'opal ge��erttt t ,:atr .:attthoi4oati to ' 39 fund feftuited bt eontteetiott , ott it ebted a 40' expert dttrin ft foeal fit' the preeeeds e€taxes 1e d `.40, e to er, as ef January 4;' 4W er efftiti 44 t 9 x 1 bled irxlel ess tkerc after a ever a� li 1 S jG +�rtiele Afall be eflec-time c e.-Ve9E75 . r � 2 lay by a of eleett of the isstt entity "ti" 2 with� first d fis � orin e ay of the eal fohg i+9 ' � 3 OR' el :tien'tfer stgek; �� :.,; . . 3 Fifteenth--That Section 1Lof Article XIII B thereof is �} 1�1:faw- *of eaek repealed }. 1 ; }.• �. • 4 ., i s a teaekf „,y ,w.sl be E 'ate 5 Ste; 4-I : may` rlatie e + shy beced 6° . �kiek fetal r al lie i t, tiet� 6 to or removed. r sub to hfrAtatien. 7, ' taet eaeeed u�See ties+artd Seetifm a; 7 to a»y eet rrt of, g hey ;that the•` f'rxt=of eaeh entity of 8ttrisdietiett a at�ryy appeal theefrer;thepprepriatiet3s '9;.<ge�e� u�rt fot�� ��9 shall be the tetal of the � � steal} �e �� If, �` 10 r ' si a of seek erttit�fer that 10 ,el ruse e€ pk se r x e e is fer a ranee 1 t 1 lid e the t8tsP1 X of this 12 r°.lees} ge e r etits;. 'e� federal i sly be 12 Miele t skate remm" ter fry feree 13 deemed to a beets derived f the preeeeds of 13 t e 14' :tat: ', �� ' °' 14 Sixteenth That Section 12 of Article XIII B thereof is ii ;1 i C, 15 , {-t} + as: etkc +ise . �d: iw Seetiee 15 repealed . '; R t•.,;x 3 ^ 4,. , y4 iatiees 't 16 4 : r • hmitat ' +shah sub eet o • ' e " of16 a 17 eaek enter 17;4eeed ''=l ,,b s er °irtdebt+ tress fu ti+` :9f . � et�t shall ,; et.,.�. s e t 'i4 tyest)`fttttds of the 18 , of*revere, fir the at3d 18 n `^ 19 Ta�eee Predeets Su�� ere4eed bye te, 19 a sfate;Or ef�'af eel 4 1:� in-ereeetmts a+ �baeee 20,rbps:er i say�gs aft leantf:a 20 =Ft and of : 21 the �p limit of �� ;. ..t � •f5r d. _ , d t 22�_ Thirteenth--That=Section 4 of+Article XIII-B thereof i 22 Seetiet} 3 as a result of t� atre.. 23 being depesited fr-em-the,Cigarette t ' '. Vd 11 V1ZS . �repealed� -���-r�i e�;�� }� ���� �.���� � ������ ��.���,; � ��. 24 , SSG; 9 24 and Tebaeee( wets &try erea by the 'x 25 eaek e~a a€ +bn t skarlI44CA inelede, 25 = Aet of 058-Debte.` ,, s ; ,, , .r ,; 26 Seventeenth,-That Section 8 of Article XVI thereof is 27 } e ire purpeses of 27 amended'to read: ^; , 28 SEG 28 e lying vAtl} t�aedates of the eeurts'er khe �-�' 29 ki � hetxt ' d eretier�;' require atr ; 29 SEC.. 8. -Sef � Vie } 30 , fey ad kitier�al set�iee. "whieh unsrveidably 30 (a) From all state revenues there shall first:be set apart 31 ' ,tom the pfeyi4it of existi� tore � 31 the rnefties moneys;to be applied by the state for support IWeeW�ri�. ��V y d1stiethieh 32 of the public, school ,system and public institutions ,of 32 . a ; of ; arty '33. eked eft jartt�ary ; 4'x•4 $; and whiehi dQ eet as of th�-, 33 higher education.ti, '34 4 +9W4 8 fiseal deaf eft ad viderem tam oft preperty� 34 {b) Commencing with the 1988-89 fiscal ;.year,, the 35 t.ems' �a of eett of assessed value; et the 35 tiietiies moneys to be applied by the state for the support f 36 of school districts and community college district shall be, 364 any s�� ditriet° tket3 eistirrg er 37 not less than,the.greater.of the following amount;, . ; 37 xne -r a` ete a€ le' ereated 38 :futu#ed b ; tkat the t=eeeedst e€�-° 38 {1) The_Amount,.which, as a percentage .of,tlte State:''Y - 39 =Fourteenth--That Section-,10 of'Article XIII B thereof 39 General Fund, revenues whiek may be apprepriat 40, isE repealed. ,, €i .tip;.b s ri. ; 40 pu�t to�ie}e IXII-I-B, equals the percentage of sttek t " I— State-General,-,Fend revenues -''appropriated for school � 1 ft* to aildi to the *wOet+ � to be applied 2 ,,districts and community college districts;respectively, in 2 the st ape t eF d and eeni ate ee lep es 3 pursuant to mien g-b};the till"IMI,eha4 dig eaeh 4 f.;, (2)'=The: amount. required z to `ensure' that the total 4 fiseal yeas tpamf and alleeate all, re-�-erxues'a,+e! Ne �i�gallocations to .�school���'districts-�andh,-coinmunity,,college 5 w , ef See tiett A of Artiele,,X111 6,,�districts.-from the State-Genexal�Fund,proceeds of taxes 6 *P to a RA**iotum,ref,-few'peftetA J4 of ete T �-apptzapriate .'per to i4e, lB,and,,allocated 7o a�� xt u d'p t 1 teeSeetien 8{ of ;� ele; x 8,,_-Iocat:,proceeds,�,of taxes 'shall,hot bi= less, than-the total 8_Ae that Pattie ; Ithe 4 e;Seheel F e#-ed�`£ 9 �-:amount from>these sources in the prior year;adjusted for' 9 -elementary,and high feel purpeses,and W that pew'` 10� increases in enrollment, and,adjusted,for changes`in the`' ' 10 of the ,Ftate,ti'$Ohhf)'Ai' d, �estriE sae nity�'!.' 11 ale a etie �a tee =i 11 r'cost�of�living �p ant to the p ens ef,��ele B , 12 z . t (c} -The.preNisiene of sebd�4s-1 1. Subdivision �(b) of 12,, a r-e � �.t+ w4,distriets tmd eeffifatAtit),;eelleg 13 ,this Seetien may be suspended Jor,­one-year!,by 3:the`' 13 distt-iets Wo enactment of an urgency statute pursuant to Section 8 of 14, , : +1+.,W" reffteet.te,fidnds alle� te'thet pow of i'.` 15'' Article IV, provided that,-no urgency;,statute,enacted { 15. the S�� st feted fe .elo ee y and }' < . 16r��der>pursuant to this subdivisiomxriay,"be=madeapart of M. el petrpesettifte ..transfer 17,-z or included,within any bill Enacted pursuant to Section 12 17., per:aant to t144,see,tie3t shah be required at any tie that 18 the e€i a��eSuperint"er .ef ie"t 191,,+ji,f-.(d) rFor-:purposes of this.section."LaJi,,, �� � .�:�> ��"�.�t � �� 19 h�u�i�r t „Aet��ne a �<e nt�'l ' 20 20sx t(1) >:..Proceeds of taxes�,includes;but ls�`not restricted'', a ��"p `, +dent o o3feeed tie 2hr-fto ali,,tax,-revenues,-and -the�proceeds,',to�-an, entity of���� � 21; amp eapet�d��e 'studettt of the ten states with 2Z- government from iregulatory,licenses;,user°charges, and 22 highest anneal,e*pettdittt per studefft � eler�et 23-f userlfees to the extent those proceeds~exceed the,costs - 23 aed ems;: that a ex a elan sire eEp s a }s 24ti:r..easonably� borne � by "the er�tzty °in providing- the y. � 24. less than the ayer4ge etas site of the ten st tes.with the 25 regulation,~product;>or service,,-and the'�investmentof tax "� 25 egt �fe�+,eetrtay_ sells: '. k. + {2} W" respeet to funds a$eea to that pe tien of `s`' 26-)revenues. With' respect.;to Yany�klecal�government, y,as , 26 ted 27 ,defined in Section 3 of Article XIII B, proceeds of taxes"} " 27 the She £eheel restricted fef eenffi eellege 28A include.subventions-:received from the,pstate,-other than ` � .28, perp �;����` a� &hee� of f�seds'.ptrrs t te' 29,r1 pursuant to Section'2 ofArticle•XIIIB and,,with respect, 29 this seeiiett , aRa 6e fequ at . 30,':-to,the state;proceeds of taxes excludes those subventions: 30, Direeter e€ Rtimiee tend the Chaneeller of Gemmunity`'t 31 ff.: f u(2) ``Cost,of living"means the Consumer Price Indexi;L' 31 Gelk%es tually: d f #ki t' ett ent anneaL g; 32 ;.for .the .United States; as reported by.the,United States,',' 32 e pe it es peg;$tedent fer e8 mnit�- 33,�-Departrnent of Labor,' or any-successor-agency 'of the'­, 33 state ettW er ekeee4 the wage at}nnal expenditure per 'L, } ' 34 student of_the1 �r ,states with the , I 34,�,�;tlnited States government: However, for purposes of th1sA`� ��'g g g preceding-{ 35 ndit-uses,per.9 dent for eo r� eo 35 section the.chan change.in cost bflivin ':from the recedin n l ' 36 44ear shall in no event exceed the change in California per 36 -Fb� �', } to 'the previsiens e€ Miele �TB;it`, 37.,i; capita personal income rfrom lhat�preceding yeari;,, >f ,� ; 37 4mds.' aweate pprati4m ,,te this, seetien,:, 4wR,i ,r0� o t t38 t :3&�n Eighteenth- That Section 8.5 oftArticlt XVI thereof is I > repealed. =:,e. swi, i ,r x. .. , ;:pis � • $" d , 5 39 app op fat en 1 is established in Miele X�°s -be�t.' 39 8:� > , ilec�at to State Seheol Fl x $r "¢ 40 ie� 4 a sneh tie` �' � x S ' r ACA 8 — 12-- 1 prier year. 2 je} From any funds tfttnslerieel to the State Seheel 3 F purstia �to paragraph of this Seetion, y 4 Gentreller shall eaeh year alioeate to eaeh seheel distrietF 5 an4 eeffitnottity eehege diet ori eqtuJ affieunt per 6,- eoreHment ift seheel fhstriets frem the amount ift that T wee, of the State Sehoal �Fttnd rest-t 8 ' elementary �a high seheel doses F ate ," .. 1�' at7At@i 3 ,.n�.(.LL..�t State H k 31331 ef�e C 9ht3�IjMph �9 :�that I3@ltion.e the State+ Seh��I striete fee 11, eeffimunit imposes: t. �r 12 } fill•re�e mes slleea#ed Ott sttaet to ' '13 ' e€this g etien,tegether,%4th apt ametxit equal to the total w• x > x` ..: 14 ameent of reventtes alleeated pt�rst'taet to stt isie�jer- 15 e # seetieft�A prier. mow;as`adjusted if �ed 16 ' Sew 8(b) (2) of Ar 4ele XVI; shall he e*peeded 17,.€ew, the _purpeses, e€ ,iftstruetional ment atid 18:. as regti�l +` f 19 �e* Aity seheel distfie maititaitting an eleferitary e 20" seeendary, seheel sly eeyelep arid eattse to he prepared 21 a anal atlit aeeotttttitg sttek�s a shall aeet t 22 a,it Sehoe Cara f6r eaeh sehool. , - 22 ,. ■ X �} .. f P , ri ♦ + to m 4 a f - + ATTACHMENT H i Q � 1 AMENDED IN SENATE MARCH 27, 1989 Senate Constitutional Amendment No. 1 Introduced by Senator Garamendi "4, December 5, 1988 ; Senate Constitutional Amendment No. 1--A resolution to propose to the people of the State of California an. amendment to the Constitution of the State, by amending stt4 iee 1 e} of Seetion S See6aft 'I' e€ Agile X 14$ aft4 b�, add4ttg Seetien -18 to A rt ele X -X the reef-, Section 1, subdivision (b) of Section 2,.subdivision (e) of Section 3, and Sections 4, 8, and 9 of, and by adding Section 10.5 to, Article XIII B thereof, relating to appropriations limitations. LEGISLATIVE COUNSEL'S DIGEST SC A 1, as amended, Garamendi. Appropriations limit. (1) Existing provisions of Article XIII B of the California Constitution prohibit the annual appropriations subject to limitation, as defined, of any gavernme l entity of government from exceeding its annual appropriations limit and provide for annual adjustments in that limit based on changes in the cost of living and population, calculated in a specified manner. This measure would provide for annual adjustments to the aFF opriations limits for the state and entities of local government, other than school districts, based on the change in the cost of living plus the change in economic growth, and _-- the change in population, calculated in a specific manner. - (2) fisting provisions of Article XIII B of the California 4 A Constitution provide that all revenues received by an entity =Fl of government, except the state, in excess of the amount : which is appropriated by that entity*in compliance with Article XIII B during a fiscal year must be returned by that sa sa 1 C A 1 ---.2--- ......3 ;— SCA 1 entity`by a revision of lax rates or &- c schedules within the This measure would delete the Four yOdr limitation and next two subsequent fiscal years. A prescribed arnount of they provide, instead, that the duration ofthe appropriations lirnit revenues received by the state in excess of the amount which so established or changed will be'approved by the electors as is appropriated by the state in compliance with Articles XIII B specifically described in the ballot measure. during a fiscal year is required to be transferred and allocated (5) Existing Provisions of Article �,VIII B of the California to the State School Fund, nand any remaining amount ofexcelss A Caon.stitution define the term `population"for purposes of the revenues must be returned by the state by a revision of tax annual adjustment in the appropriations lirnit of an entity of rates or fee schedules within the next two subsequent fiscal government. years. This measure would revise the definition of `population" This measure would provide that revenues so received by for purposes of the annual adjustment in the appropriations an entity of government, other than the state, during any two limit of the state. consecutive fiscal years must be returned by the entity by as This measure would also permit a city or special district to revision of tax rates or fee schedules within the next two choose to use'the change in population within its jurisdiction subsequent Bscaal years, or within the county in which it is located. A special district This measure would provide, with regard to the state, that located in two ormore c6unties would be permitted to choose after the transfer and aallocation to the State School Fund, any to use the change in population in the county in which it has rem n.rng amount of excess revenues received during any a majority of its assessed value. two consecutive fiscal years must be returned by the state by This measure would also define the term "change in a revision of tax mites or fee schedules within the next two economic growth"for purposes of the annual adjustment in subsequent fiscal years. the appropriations limits of the state and an entity of local . ' (3) Existing provisions of Article MID of the California government, other than'.a school district. Constitution provide that the appropriations limit of an entity (6) Existing provisions of Article XIII B of the California of government 'may "be exceeded in the event of an Constitution exclude from the appropriations limit, erraergency,' but the appropriations limits in the follacving appropriationsa£anyspeeial district which existed on January three years must be reduced accordingly to prevent an 1 1978 and which did not as of the 1977--78 fiscal year levy an aggregate increase ` in appropriations resulting from the ad valorem tax on property in,excess of12% cents per 100 of emergency. assessed value; or the appropriations of any special district This measure would provide that if the emergency is one then existing or thereafter created by a vote of the people, declared by the Governor as a result of a natural disaster which is totally funded by other than the proceeds of taxes. appropriations to a disaster emergency account, approved by This measure would exclude from the appropriations limit a two-thirds vote of the legislative body of an affected entity the appropriations 'of any speciaal district which is totally of government, for expenditures relating to that natural funded by other, than the proceeds of taxes. disaster ,,would; not, constitute, appropriations ,subject to ; This measure would also exclude from the appropriations limitatr'ori limit appropriations for the costs of conducting elections to, (4) Existing provisions of Article XIII B of the California establish or change the appropriations limit, appropriations Constitution provide that the appropriations limit of an entity for all capital outlay projects in excess ofpprvpriaatioras for call ofgovernment may be established or changed by the electors capital, outlay :projects, as defined, in the base year, and I of the entity. The duration ofany change is determined by the appropriations of revenue derived.from state taxes on motor electors, but.maiy not exceed four years from the most recent vehicle,fuels at a rate,of more than $0.09 per gallon or that vote of the electors,creating or continuing the change. ` portion of any other state taxes sul?iect (-o the provisions of i ..,.. CA 1 t 4 ; t-,r( ide t as a li t of t sifll- � -eil Yt ef-14y ` Articke VI.�C of than C kalii`orlli a C"t,nstattrtaoxz arbo <� tl �.r a.: c,. ill l e x i :, f afill�c�t rail ataztzata yy l 111�51. o y1�y�y�y,ol L +g:y @�(t� ��rt .yl hill. ti,(At •llie dait���{�g�i��y���{/ ✓ sift This, measure would also require that fox- fiscal years Vote: Appr-opriation: no. Fiscal colunlittee: yes• beginning on or rafter july1, 1990, the appropriations limit of State-mandated local program: no. each entity of government would be the,appropriations limit r. . for the 19b't-$7 fiscal year ,adjusted for the,chaanges xn�ade by Resolved by the Sezxate, the Asscnabl eoncazrring, That, this measure.' 8 This measure make ' 2 the Legislature of the State of California at its 1 8 -c3() ( ) z1 e would also make technical, 3 Regular Session commencing on the fifth day of nonsubstaintive changes: 4 December 1988, two-thirds of the members elected to (9) This measure would take effect on July I next following 5 each of the two houses of the Legislature voting therefor, the date on which it is approved by the electors. 6 hereby proposes to,the people of the State of Califon east 4 lid '` the ` of the ` 7 that the Constitution of the State be amended as follo , front the preeediftg yetw ift the{ewiar Prtee ht 8 . . n S of Artiele Ufti"&ft , der"by 4ke United&tfftes PeP'WJfteft+of { �a-l3or'e-� oa' 'ta 9 t'zrst=-Tl�iat �.�ection .X of Article .�rfll.8 tlxc�reof' :is ` i perse i me for Gmifor�: 10 amended to read. a T tefsor�e a �r 11 SEC. 1:' (a) The total annual appropriations subject °f l r of t 12 to limitation of the state and of each local government, Ggifarffift Pei. n fts, 13 other than a school district, shall not .exceed the 14 appropriations limit of waeh the entity of government for su�sor i tey-, the fit#"� of a seal year �the . ' 4� � • � � �- �` . 15 the prior year adjusted for e�es the change in the cost This tie Wet" oleirt" if of living plus the change Sri econoraaic growth,and the f e� enit 17 change in population, except as otherwise providedhinAfttloft in tit-Y of 18 -this ,article. a . pig prejeets ffiade oft or lg (b} The total annual appropriations subject to the effeetive dame of 20 limitation of a school district shall note exceed the �modes f motel. tees ors mar � 21 appropriations limit of the school district for the pr` fttels 22 , yeartadjusted for the change in the cost of living and motor vehieles tt� 4reetd f � � ' ' s� ' 23 change in population, except as otherwise provided in e �e PuNte 24 this article: s purposes- A B of �he 25 Second--That subdivision (b), of Section 2 of Article ttttieff feqeires.the lie 26 XI11 B thereof is amended to read: 11`ee e r . tf � � a See 27 (b) Except 'as provided in subdivision (a) of this t is 1 front t to u 2$ section, revenues received by `an entity of d demonu 29 `government in excess of 4t4 the amount which is fflotOf vehiele gels at a ' of mor-e giaft 9� per 30 appropriated by sueh the entity in compliance,with this " ?; H`ol<whtc+ftre feA a� 31 , article during the fised any two consecutive rc�ttes defi-i-ed front fifty. -3 __ in fee 32 fiscal Years shall be returned by a revision of tax rates or oft of eafttffiemig veltieles to be s 33 fee schedules within the next two subsequent years. purpose Ai the ant t of ff e 34 Third---That subdivision (c) of Section 3 of Article to liwafttteft, t to B- -,. n.,... weaW SCA 1 — 6-- —7-- SCA I 1 X111 B thereof.is amended to reild.- 1 to expend during a fiscal year Lhe proceeds of taxes levied ( ) In the event of an erartdr•gt:racy, the ,-, by or for th. t cutity Ear 7d the proceeds oi'stale subventions a�ain�����_:��t� �� .� 3 appropriations limit may be exceeded provided thaat the- 3 to that entity (tither than subventions made pursuant to appropriations limits in the following three 4 Section 6 A ) exclusive of refunds of taxes;. 5 years are reduced accordingly to prevent an aggregate; 5 (c) "Proceeds of taxes shall include, but not be 6 increase in appropriations resulting from the en-tergency. 6 restricted to, all tax revenues and the proceeds to an 7- If tlio emergency is out, declared by the Governor as ra � 7 entity of government, froxa (1) regulatory licenscs, 8 result of-'it natural disaster, alaproPriations aapprovcd b),as 8 user charges, and user fees to the extent that sueh those J' two-thirds vote of the legislaative body of all affected 9 proceeds exceed the costs reasonably borne by that 10 entity of`�rovernnaent to a disaster emergency account for 10 entity in providing the regulation, product, or service, 11 expenditures relating to that natural disaster sh, 11 not I1 and.-( - (2) the investment of tax revenues. With respect 12 constitute a appropriations subject to lknitat�on. 12 to any local government, "proceeds of taxes sha 13 , Fourth—That,Section 4 of Article XIII B thereof is 13 include subventions received from the state, other than 14 amended to reaad: 14 pursuant to Section 6 of , and, with respect to 15 SEC. 4. The appropriations limit imposed on any 15 the state, proceeds of taxes shall exclude ftbeh those 16 new or• existing entity of government by this A le 16 subventions 17 article may be established or changed by the electors of 17 (d) "Local government" * means any city, 18 sueh the entity, subject to ' and in,-conformity with, 18 county, city and:county, school district, special district, 19 constitutional and statutory voting requirements. The 19 authority, or tither .political subdivision of or within the 20 duration of aiiy s the appropriations limit so- 20 state;. 21 established or changed shall be as re- ed approved 21 (e) =CAA "Change in the cost of living„ 22 by said the electors; l shftR ift ne e!ver4 e-m d 22 means the change in the Consumer Price Index for the 23 t Peeen-t e of ' eleetc !a ti 23 United States from the preceding fiscal year, as reported . 24 sawehafige as specifically described in the 24 by the United States Department of Labor, or successor 25 baalJot measure. 25 egeney of the Used matesment; , 26 Fifth—That,'.Section 8 of Article X11I B thereof is 26 h . —, thet department. However,: for purposes .of, � 27y d amende to read 27 Section 1, the change in the cost of living 'from th fill.! 7 \ SEC. 8. As used in this e article and except as 28 preceding fiscal year shall in no event exceed the c,hangt. 29 otherwise expressly,provided.herein: 29 in California per.capita personal income.from said that 30 (a) Appropriations subject to limitation of the state 30 . preceding fiscal year 31 shy ,r� means any authorization to expend during a 31 , (f) tit e }=' "G'hange m population"af any entity 32 fiscal year the proceeds of taxes levied by or for the state, 32 of government, other than the state or a school district, 33 exclusive of state,subventions for the use.and'operation 33 shall be determined by.a method prescribed by the 34 'of, local government (other , than, subventions made 34 : Legislature, d e 35 pursuant to Section 6 of ° ale) and further 35 '. d; as _fteeess , to re eenstis 36 exclusive of refunds of taxes, benefit payments from 36' eel &ftte9 Depffi4ffteff+ of 37 retirement, unemployment insurance,, and disability 37 �, 6ir waeeessep ` of 38 insurance funds 38 The of ftny 39 (b) "Appropriations subject to limitation" of an entity 39 "Change in population"ofa school district shall be 40 of local government ;�means any authorization 40 the change n the: school district's average daily f Aa �tn r is I attoa" ' ' � �. �. Ti ' t ' C s �", "t it 1 cltaz°ac.c lrra�xa tltt;�lax•�'�`�ydrr3��fts���at' ar�jctr, aa.� t,��;�t�°t��a?its�<� � 1 t$��a� i=:�caai ��e�ar. � �»• lYa��caa► veaar 1, 7 -�7.�, state s ai�v�:��tac:gas I by as :ra tlaocl prescribed cl by tlAe �cb slaatcaz 2 to local &fovc�a•a•n coats, exc:ll,asivca of federal �.Y ants, 3 "` hatrag�c� in population of" floe state tt,tll I;c' 3 zaa°cz deemed to haavt. been derived from the procc,ecls Of 4 deterrrained by combining (1) the change in t.ho staly;, 4 state tares. �, population tnrtltrplied by the percenta e°of the states 5 (i) Except as otherwise provided in Section �, i; 6 budget in the prior fiscal year that is spent for other than 6 "appropriations subject to limitation"slw&do not include 7 'educational purposes for kindergarten and grades one to 7 local , agency' loan.; funds or indebtedness funds, r authorizations to invest funds of the "8 12,' inclusive; ar7d (2)' the change in the'totral'st4atewide 8 investment (or autho a ) 9 average dailT 'attendance in kindergarten n 9 state,, or of an entity of local government in accounts at na d g grades Y�' �'' des one g 10 to 12, inclusive, multiplied by the`percentage of the 10 banks or savings and , loan associations or in liquid Y 11 state's budget in the prior fiscal year,that is spent fox- 11 securities. '12 ' educational purposes for kindergarten and 4grades one to 12 6) "Change in economic growth" for the state for 13 '12,'inclusive.; 13 year is the difference between the change in the cost . 14 "A city or special district may choose to use the change 14 living, as determined in subdivision (e), and the change 15 in population Within itsJurisdictlon or within the county 15 in California per capita personal income from the 16 in which it is located. For a special district located in two 16 preceding• fiscal year. In no event the change in 17 or more counties, ay choose fo use 17 economic growth be less than zero. the speckil district m 18 the change in population in the county in which it has a 1.8 "Change in economic growth" for an entity of local 19 majority of its assessed value; 19 government; other than a school district, shall be either 20 "'` Any determination of population pursuant 'to this 20 (1) the difference between the change in the cosi of 21 'subdivision, other than that measured by average daily 21 living- and the change in California per capita perso►xai 22 attendance. shall be revised as nee 4 income lr•om .=the receding fiscal year, or (2) the necessary, to reflect tlxe 22 p 23 periodic ' census` conducted by the United States 23 p ercentage change in the local assessmont roll from the 24 .Department of'Commerce,,or successor departrne' nt. 24 preceding liscal year` for the jurisdiction due to the " �� construction. Each 25 � nonresidential new coast u Deb nonre t service" � a F (g)` ce nxeans appropriations . � 25 addition of local 26 s economic required to 'pay the cost of interest and, redemption 2�i entity of local government shall select act it 27 charges, including the funding of any reserve or sinking 27 growth factor each year by a recorded vote of the entit, ' 28 fund required in connection therewith on indebtedness 28 governing body. 29 existing or,legally authorized as of January 1, 1979, or on 29 Math--That :Section 9, of Article XIIIB thereof is 30 bonded indebtedness thereafter approved according to 30 amended to read: 31 law bya vote of the electors of the issuing entity voting 31 SEC. 9. "Appropriations subject to limitation" or 32 ''in an election for stteh that purpose. 32 each entity of government shad do not include 33 (h) The "appropriations limit" of each entity of 33 appropriations for any of the following purposes: 34 government'for each fiscal year be is that amount 34 (a) Dek Appropriations for debt service, 35 which + the total annual appropriations subject to 35 (b) Appropriations required 36 limitation may not.exceed under,See-tieff Sections I and 36 to comply with mandates of the courts or the 37 gcreti&ft 3` However, the 37 federal government which, without discretion, require 38 "appropriations limit" of each entity of government for 38 an: expenditure for additional services or , which 39 fiscal year : 1978-=79 be is the total of the 39 unavoidably make the -. on of existing 40 appropriations subject to limitation of ftteh the entity for 40 services more costly. S+L A --- 10-- clk 1 1 (c) Appropriations of any st,)ecial district- -which 1 Ga4443 "itt pef ea O 11te tta 1)ttb aahe J by 2 existed on fattutt 1-, attJ avliieh did . . tt�i f+ the 2 14te UftiWflr 3 I year lei tt�t vem tax eftt 3 : k' of -re d - r foot~ Of a 4 exeess .o£ ��i t;e�s per � of e; the 4 the .- r 5 Frppre t s of f�fty Vee at then e t of 5 to Pf the 6 a , of the p le; ieh is totally 6 { .. tt*the e&A of hvi s A of f of Ieot g 7 funded �y other than the proceeds of taxes. , 7 p �P lie 8 (d) Appropriations for the costs ' of conductingf t oivi 1r� dot Iittoy • 9 elections to establish or change the appropriations limit 9 lea staff P � ' t 1 10 pursuant to Section 4. 10 to el ; € soy ff 11 .:.(e) Appropriations for all capital outlaay projects in 11 a )L of t' 12 excess of appropriations for all capital outlay projects in12 inn ' the `A eve 13 the base year. For the purposes of this subdivision, capital 13 't of ai 14 outlay;.; project; means the acquisition of hand and 14 e 15 improvements (including construction) with,a taselial E16 15 'geetieit 9,of I 1 ;_,of 15 or more: years.. Capital outlay project shall not 16 17 include the acquisition of land and improvements 17 to ft", , 18 (including construction), of a kind that, if acquired by 18 3 " �' �" f the interest on the bonds.would not be 19 19 bond proceeds,. ' i" 20 eligible for a federal income tax exemption. 20 of 21 (1) Appropriations ,of revenue derived from that 21 ' a ' er , 22 portion, of the taxes imposed by the State on motor 22 ftft /. h , ? 23 t chicle fuels at a rate ofrnore than nine cents ( 0.09) per, 23 24.;,gallon or that portion of any other taxes imposed by the 24 e• e e 25 State.subject to the provisions,of Article XI"X above the 25 � 26, rates in,;elfect on anuar 1 1989. 26 - } t� e off` J y , 27$., Seventh That Section 10.5.is added to Article XIII B 27 28 . thereof, to read. 28 `t tin 29 SEC. ,10.5 i F©r fiscal years beginning on or afta?r July 2 e234i oss ; ea= er 30 1;;,1990, the appropriations limit of each entity of 30 tt ie 31 government,shall,be the appropriations limit for the 31' .14 e " fv of tie ,.peeple, `32 19S6-87fiscal year adjusted for the changes made by the 32� by ffkft&On' 33 , measure adding this section. 33 -{�} � � �'� 31 Ea hth--That, the amendment of the Constitution , 34 or ttfter effeetive dftte of E; Aiti 35..,made by this.measure shall take' effect on July 1 next 35 � � � � � " 36 following the date on which this measure is approved by 36 thef eef-, te . �' 37 ,the, electors. 37 38 �e 38 -9 far the PwTose a efY 39 to Artit4e te ift the t e =' oef 39 . 40 the appreptiatieffi hfftit el±the s metres the elm 1ft � 40 • sa 3M 1 cssz �,n i i Olt tiw!oe velliele Raols to tt vtttt�Of more thttff ti "jam clhm 5 14-te effeeWve doe f ty�y(��{��y yft V+ VlJ{..+�i V/.#.34i fee f0fqj, 11 1 8 AAiele X114 B;+he Vprop44j*n-q jjmq of�he gW of tt,4 9 etfti�y®f laetAgt3'1�P3`ti Hr AEI net be }, J IO Of �� they� 6 �iiippuV"t7 gpeeified y,y�ag ffse-i fees- t • • ATTACHMENT T SENATE BILL No. 1223 Introduced by Senator Petris tif4i I March 9, 1989 r. e An act to amend Section 5536 of the Public Resources Code, relating to regional park, park and open-space, and open-space districts. LEGISLATNE COUNSEL'S DIGEST 1 SB 1223, as introduced, Petris. East Bay Regional Park District. Under existing law, members of the board of directors of a j regional park, park and open-space, or open-space district may be authorized by the board to receive not more than$100 per day for meetings, but no board member may receive more than $500 per month. This bill would allow board members of the East Bay Regional Park District to be authorized by the board to receive compensation for not more than 10 meetings in any calendar month with a maximum compensation of not more than $100 per day. Vote: majority_ . Appropriation: no. Fiscal committee: no. State-mandated local no. program: The people of the State of California do enact as follows: 1 SECTION 1. Section 5536 of the Public Resources ~ 2 Code is amended to read: 3 5536. (a) The board shall establish rules for its 4 proceedings. ; 5 (b) The board may provide, by ordinance or 6 resolution, that each of its members may receive an � 7 amount not to exceed one hundred dollars ($100) per day 8 for each attendance at a meeting of the board. For J. 9 purposes of this section, a meeting of the board includes, A 99 60 F f F t: I SB 12-'3 2 1 but is not limited to, closed sessions of the board, board j 2 held trips, district public hearings, or meetings of a * 3 committee of the board. The maximum compensation 41 , 4 allowable to a board member on any given day shall be ��, , . one hundred dollars 100 . Board members sha ll not . 6 receive any other compensation for meetings, and no 7 beard member shall receive more than five hundred 8 dollars 8500 compensation under this section in an one { } P Y 0 calendar month, except that board members of the East 10 Ba,,Regional Park District may receive compensation for 11 not more than 10 meetings in any one calendar month. A 12 board member may elect to waive the per diem. In Y.3 add Lion, the board may provide, by ordinance or 14 resolution, that each of its members not otherwise 15 eligible for an employer-paid or partially employer-paid 16 group medical or group dental plan, or both, may 1.7 participate in any of those plans available to permanent PS employees of the district on the same terms available to 10 h,Dse district employees or on terms and conditions as the 20 board may determine. A board member who elects to 21 participate in any plan may also elect to have the 22 premium for the plan charged against his or her per diem and may further elect to waive the balance of the per 24 diem. 25 c) All vacancies on the board shall be filled in 26 accordance with the requirements of Section 1780 of the 27 Government Code, except that, in the case of vacancies 28 caused by the creation of new wards or subdistricts, the 29 directors shall, prior to the vacancies being filled, ;30 c�xetermine by lot, for the purpose of fixing the terms of 31 the first directors to be elected to the wards or 32 subdistricts, which ward or subdistrict shall have a 33 four-vear term and which ward or subdistrict shall have f -� 34 a two-year term. The persons who fill the vacancies 35 caused by the establishment of new wards or subdistricts 36 shall hold office until the next general election and until T 37 their successors are elected and qualified for the terms 3S previously determined by lot. O 99 80 I RESOLUTION NO. RESOLUTION AT THE BOARD OF DIRECTORS OF THE MIDP N SUL O E IN A REGIONAL OPEN SPACE DISTR ICT SUPPORTING CREATION OF THE AMERICAN HERITAGE TRUST ACT (HR 876) WHEREAS, the Land and Water Conservation Fund, estab- lished in 1964, has funded more than 30, 000 projects in every state, five territories and the District of Columbia; and WHEREAS, the President 's Commission on Americans Out- doors recommended the creation of a dedicated trust recognizing the need for a strong outdoor commitment from the nation' s capitol to safeguard the environment, to expand recreational opportunities on' federal lands and to protect and improve the federal estate; and WHEREAS, -the American Heritage Trust Act (HR 876) would ensure return to the original Land & Water Conservation Fund monetary commitments by creating. a self-perpetuating $1 billion trust; and WHEREAS , this Land & Water Conservation Fund Program has been tremendously successful in providing critically needed �..oney for recreation planning, acquisition and development; and WHEREAS, demand for capital investment in recreation conservation and historic preservation are greater than ever and delaying action means the permanent loss of irreplaceable resources and increased costs in the future; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby support HR 876 and does urge Congressional enactment of this legislation in 1989 . • R-89-73 (Meeting 89-10 April 26, 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT April 18 , 1989 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager SUBJECT: Roberti-Z 'berg-Harris Urban Open Space and Recreation Program Grant for Fiscal Year 1989-1990 Recommended Action: Adopt the accompanying resolution Approving the Application for Grant Funds under the Roberti-Z 'berg-Harris Urban Open Space and Recreation Program (Additions to District Open Space Preserves) . Introduction: Senate Bill 174, the Roberti-Z 'berg-Harris Urban Open Space and Recreation Program, was adopted in 1976 to provide funds for the acquisition and development of recreational facilities . The District has used these grant funds to assist in the acquisition of the Edgewood County Park, and Rancho San Antonio, St. Joseph' s Hill, Pulgas Ridge, Coal Creek, and La Honda Creek Open Space Preserves . Discussion: For fiscal year 1989-1990, the California Wildlife, Coastal and Parkland Conservation Act of 1988 (Proposition 70) allocated $20 million for this program statewide. The Governor' s proposed budget also allocates $7 . 5 million from the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) on a statewide basis for this program. The District is eligible to receive $131 , 964 from Proposition 70 and, if approved by the legislature , $49, 487 from Proposition 99. The terms of this program include the requirement that the District provide one-third in matching funds , giving total project costs of $188 , 520 and $70, 696 respectively. The matching funds can be in the form of a gift. Block grant applications may be submitted beginning May 1 , 1989. Funding for approved projects would be included in the July 1 , 1989 state budget. In order for the District to receive its entire allocation this coming year, the acquisition project should be submitted as soon as possible after the filing opening date. I recommend that a project identifying all possible additions to existing open space preserves be submitted in order to utilize the grant funds in the most efficient manner, as well as to take advantage of purchase opportunities that are expected to materialize at one or more of the District preserves over the next year. This would be the same kind of project that was approved by you on December 14 , 1988 (see report R-88-147 dated December 1 , 1988) for the District ' s per capita grant under Proposition 70. Since two separate funding sources are involved, two separate applications are necessary. However, only one resolution and one project description with accompanying application documentation are required. A copy of the assurances referenced in the resolution for the grant is attached. ASSURANCES The applicant hereby gives assurances and certifies with respect to the grant that: It possesses legal authority to apply for the grant, and to finance, acquire, and construct the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant ' s governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official represen- tative of the applicant to act in connection with the application and to provide such additional information as may be required. Applicant will give the State' s authorized representative access to and the right to examine all records, books, papers, or document related to the grant. Applicant will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved and that the project will be pursued to completion with reasonable diligence. Applicant will not dispose of or encumber its title or other interests in the site and facilities without permission from the State Legislature. Applicant will comply where applicable with provisions of the California Environmental Quality Act and any other State, and/or local laws, rules and/or regulations . RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z ' BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM (ADDITIONS TO DISTRICT OPEN SPACE PRESERVES) WHEREAS, the legislature of the State of California has enacted the Roberti-Z 'berg-Harris Urban Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of Cali- fornia for acquiring and for developing facilities to meet' urban recrea- tion needs; and WHEREAS , the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and WHEREAS , said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the State; and WHEREAS , said applications contain a certification that the applicant will comply with all federal , state, and local environmental , public health, relocation, affirmative action, and clearinghouse require- ments and all other appropriate codes , laws, and regulations prior to the expenditure of the grant funds; and WHEREAS , the project (s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily populated areas; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of application (s) for fiscal year 1989-1990 Block Grant funding in the amount of $131 , 964 from the California Wildlife, Coastal and Parkland Conservation Act of 1988 (Proposition 70) and $49, 487 from the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) for Additions to District Open Space Preserves under the Roberti-Z 'berg-Harris Urban Open Space and Recreation Program; and 2 . Certifies that said agency understands the general provisions of the agreement; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project (s) funded under this program; and 4. Certifies that said agency has or will have available prior to commencement of any work on the project (s) included in this application, the required match; and 5. Certifies that the project (s) included in thisapplication conform to the recreation element of any applicable city or county general plan; and 6 . Appoints the General Manager, or as assigned by the General Manager, the Assistant General Manager as agent of the Midpeninsula Regional Open Space District to conduct all negotiations , execute and submit all documents including, but not limited to applications , agreements , amendments, payment requests and so on, that may be necessary for the completion of the aforementioned project (s) ; and 7 . Appoints Stanley R. Norton as legal counsel for said agency with authorization to sign the certification on page I of the application. PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on 19 at a regular meeting thereof , by the following vote: AYES : NOES : ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary, Board of Directors President, Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. District Clerk RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI- Z 'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM (ADDITIONS TO DISTRICT OPEN SPACE PRESERVES) WHEREAS, the legislature of the State of California has enacted the Roberti-Z 'berg-Harris Urban Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of Cali- fornia for acquiring and for developing facilities to meet urban recrea- tion needs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of ► Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the State; and WHEREAS , said applications contain a certification that the applicant will comply with all federal , state, and local environmental, public health, relocation, affirmative action, and clearinghouse require- ments and all other appropriate codes , laws, and regulations prior to the expenditure of the grant funds; and WHEREAS , the project (s) applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily populated areas ; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1 . Approves the filing of application (s) for fiscal year 1989-1990 Block Grant funding in the amount of $131 , 964 from the California Wildlife, Coastal and Parkland Conservation Act of 1988 (Proposition 70) and $49, 487 from the Tobacco Tax and Health Protection Act of 1988 (Proposition 99) for Additions to District Open Space Preserves under the Roberti-Z 'berg-Harris Urban Open Space and Recreation Program; and 2. Certifies that said agency understands the general provisions of the agreement; and .. ,:,.17,:.. , I 3. Certifies that said agency has or will have sufficient funds to operate p and maintain the project (s) funded under this program; i and I 4 . Certifies that said agency has or will have available prior to commencement of any work on the project (s) included in this application, the required match; and 5. Certifies that the project (s) included in this application conform to the recreation element of any applicable city or county general plan; and 1 6. Appoints the General. Manager, or as assigned by the General Managers the Assistant General Manager as agent of the Midpeninsula Regional Open Space District to conduct all negotiations, execute and submit all documents including, but not limited to applications , agreements, amendments, payment requests and so on, that may be necessary for the completion of the aforementioned project s) ; and 7. Appoints Stanley R. Norton as legal counsel for said agency with authorization to sign the certification on page 1 of the application. I PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on 19 at a regular meeting thereof , by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: Secretary, Board of Directors President, Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above date. District Clerk I i I'I MIDFENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench General Manager SUBJECT: F.Y.T. DATE: April 26, 1989 Honorable Don Edwards Page two We also are indebted to you for your leadership in obtaining approval of the expansion of the South San Francisco Bay National Wildlife Refuge. Sincerely, Herbert Grench General Manager HG:mja cc: MROSD Board of Directors Al MIDPENINSUIA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 April 17 , 1989 Honorable Don Edwards 2307 Rayburn Office Building Washington, D. C. 20510 Dear CongressmanEdwards I am writing to thank you for co-sponsorship of H.R. 876 , authored by Congressman Morris Udall. This bill , if enacted, would create a permanent trust account to fund federal, state, and local park acquisition and development. Interest earned from the trust fund would fund the Land and Water Conservation Fund (LWCF) and Historic Preservation Fund. Although the LWCF was an extremely successful program, it has suffered in the past few year as being of low priority, particularly in the recent administration' s eyes. Parks and open space are of critical importance for present and future generations of Americans , and an ongoing, stable federal program is necessary to meet the nation' s needs. The Midpeninsula Regional Open Space District, which is located in San Mateo and Santa Clara Counties, has benefited greatly from the LWCF. For example, the program provided 50% of the funds to purchase Pulgas Ridge Open Space Preserve in San Carlos and Edgewood County Park (a joint District and county project) in Redwood City. We greatly appreciate your co-sponsorship of H.R. 876, which would create the American Heritage Trust and continue permanently the partnership between the federal, state, and local agencies which has benefited Americans so much in the past and is sorely needed for the future. Herbert Grertch,General Manager Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeem Richard Bishop 0 • MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 April 17 , 1989 Honorable Tom Campbell 1730 Lon worth Office Building g ild ng Washington, D. C. 20510 Dear Congressman Campbell: I am writing to request your co-sponsorship of H.R. 876, authored by Congressman Morris Udall. This bill, if enacted, would create a permanent trust account to fund federal, state, and local park acquisition and development. Interest earned from the trust fund would fund the Land and Water Conservation Fund (LWCF) and Historic Preservation Fund. Although the LWCF was an extremely successful program, it has suffered in the past few year as being of low priority, particularly in the recent administration' s eyes . Parks and open space are of critical importance for present and future generations of Americans, and an ongoing, stable federal program is necessary to meet the nation' s needs . The Midpeninsula Regional Open Space District, which is located in San Mateo and Santa Clara Counties, has benefited greatly from the LWCF. For example, the program provided 50% of the funds to purchase Pulgas Ridge Open Space Preserve in San Carlos and Edgewood County Park (a joint District and county project) in Redwood City. We strongly urge you to sign on to H.R. 876, which would create the American Heritage Trust and continue permanently the partnership between the federal, state, and local agencies which has benefited Americans so much in the past and is sorely needed for the future. Sincerely, Herbert Grench General Manager HG:mja cc: MROSD Board of Directors Herbert Grench,General Manager,Board of Directors:Katherine Duffy,Robert McKlbbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop I I I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 April 17 , 1989 Honorable Norman Mineta 2350 Rayburn Office Building Washington, D. C. 20510 Dear Congressman Mineta: I am writing to request your co-sponsorship of H.R. 876 authored by Congressman Morris Udall . This bill , if enacted, would create a permanent trust account to fund federal, state, and local park acquisition and development. Interest earned from the trust fund would fund the Land and Water Conservation Fund (LWCF) and Historic Preservation Fund. Although the LWCF was an extremely successful program, it has suffered in the past few year as being of low priority, particularly in the recent administration' s eyes . Parks and open space are of critical importance for present and future generations of Americans , and an ongoing, stable federal program is necessary to meet the nation' s needs. The Midpeninsula Regional Open Space District, which is located in San Mateo and Santa Clara Counties, has benefited greatly from the LWCF. For example, the program provided 50% of the funds to purchase Pulgas Ridge Open Space Preserve in San Carlos and Edgewood County Park (a joint District and county project) in Redwood City. We strongly urge you to sign on to H.R. 876 , which would create the American Heritage Trust and continue permanently the partnership between the federal, state, and local agencies which has benefited Americans so much in the past and is sorely needed for the future . Sincerely, / Herbert Grench General Manager HG:mja cc : MROSD Board of Directors Herbert Grench,General Manager,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop �� — _ _ SIERRACLUB Santa Cruz Regional Group P. 0. Box 604. Santa Cruz, CA 95061 by Ansel_ earns in This Is the American Earth April 15, 1989 i -Mr. Herb Grench, General Manager .1idpeninsula Regional Open Space District Mill Office Center Bldg. C Suite 135 Old , g 201 San Antonio Circle Mountain View, CA 94040 Dear Mr. Grench: I I"m sorry we didn' t have more time to talk during the Peters Creek rescue operation today, but I just wanted to let you r.now how much we appreciated the timely, skillful, and friendly nanner in which all individuals involved handled their respec- tive duties. Although this was fortunately a relatively minor accident, we were all impressed with the professional and efficient conduct of the entire rescue team. I I A group of 29 people were on a regular hike sponsored by the k Santa Cruz Regional Group of the Ventana Chapter of the Sierra Club. A copy of the trip description is enclosed. The trail descends sharply just before it drops down to meet Peters Creek. It was at this point, that one of our members , Gertrud Henderson, slipped and broke her right ankle. (Fortunately it was - a simple racture that was treated with a walking cast at the Scotts Valley Medical Clinic. ) I One of our leaders, Tom McCarthy, hiked up to Skyline Boulevard and got a ride to the CDF Station. From that point on the teamwork started and everything moved quickly and smoothly. The accident occurred about 12 :45 pm and within an hour Gertrud safely transported u to the highway. had been comfortably and y p p T ad possible b the combined efforts of the This was all made p y i following rescuers: from MROSD Kerry Carlson Dennis Danielson i and Phil Hearin; from CDF, Hary Williams and Jim Rust; and from South Skyline Volunteers, Patrick Congdon, Vicki Demartini, and George Johnson. To all of them our deepest thanks and appreci- ation. i After Gertrud was moved from one of your trucks to my car, I drove her down to the Scotts Valley Medical Clinic where she was examined and X-rayed around 3 : 30 pm. Later on, she called me from her home to tell me she was O.K. and how much she j appreciated the wonderful and friendly help she received from everyone after the accident. Cordiall , Kirk Smith, Hike leader HIKE:HICKCiRY.pAKy I;t]DXE I S2tUrd:ry,-APa7=15 k- Our roue yvili `�` t trgen us- through some Gauntry high in the San- to Crux mount'F - mm its Ion& slop- mg rid-.� Hickory Oa Ridge offers .,Impressive panoramic_views .of,.rollin the redwood forests of Big `' and the b1ae.Radfic We will y� at 11 Preserve and.follow�. _ �. .:_a�1Y le•,-ei tray for about a m�Ic-before = .o nm W-61 sry Oak Ridgy a e- 'er-enjoy- thed� and eq*msive scene : 1 d _dowrr— pit - Creek S for- ail gaGap via ;. -�� am�i t.`xurr�urn to " o ` th trax�to cx�mp�etc this macerate=' ` `_ Bzin titer,lunch and shoes Su dri good.* driver reunburs� is$2 m - at:ag- eet at Ccfunty '' '.Genter ems. Tom =1+'IcCarthy, i" - 5-2�26 and Kirk Smiti 425-8599 I A_ KIRKHAM SMITH tIa ANTHONY STREET � I SA.N ,k CRUZ. CALIF. 95060 '.. i i i i I I i STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN,Govemor DEPARTMENT OF PARKS AND RECREATION P.O.BOX 942896 r SACRAMENTO 94296-0001 (916) 445-2358 APR 1 7 1989 Mr. Herb Grench Midpeninsula Regional Open Space 201 San Antonio Circle, #135 Mountain View, CA 94040 Dear Mr. Grench: Picchetti Ranch $192,000 619.0-HP-88-43-001 Congratulations! Your project, as listed above, has been recommended to the Legislature for funding in the amount indicated under the History and ArcheologyGrant Program for the California Wildlife Coastal and Park Land > a 9 Conservation Act of 1988. Ii In most cases , applicants will receive less than the funds requested in order that as many projects as possible could be funded. We received 292 applications totaling $130 million in requests . Of these, 33 projects are recommended for $11 million being distributed in the 1989 budget, Legislative approval of the budget is made by June 30. If the recommendations are approved, funds will be available for your project after July 1, 1989. At that time, the Office of Historic Preservation will send you an Acceptance of Allocation form. If you have any questions, please call the Office of Historic Preservation at (916) 445-8006. Thank you for your commitment to preserving this important part of our state's heritage. Sincerely, e ry R ni a Dir to 1 D-6233H I I t } TRAILS CLINIC Park Rangers Association of California Eti' 'T TRAIL CONSTRUCTION,MAINTENANCE AND 4 STANDARDS DATE April 21, 1989, Friday, 9:00 a.m. - 5:00 p.m. E PLACE KINGS MOUNTAIN FIRE STATION 13889 Skyline Blvd., Woodside on Hiway 35, 6 miles south of Hiway 92 i E PROGRAM Introduction to Bay Area Ridge Trail-Dennis Danielson � 1 Trail Center-Trail Information and Volunteers for the San Francisco Peninsula-Madeleine von Laue Trail Construction Standards and Layout - f Gene Sheehan, Trail Consultant and Contractor Discussion and Comments-Group LUNCH BREAK Brown Bag, no nearby services Car Pooling for approxiamtely 30 miles: Tour of selected local park and open space preserve trails Demonstration of trail building machine Demonstration of specialized trail construction tools s COST $15.00 PRAC/CSPRA Members 1 $25.00 Non-members e For further information contact Dennis Danielson, (415)851-1493, 13130 Skyline Blvd., Woodside 94062 -------------------------- - - ---------------------------------------- PRAC TRAILS CLINIC, APRIL 21, 1989 NAME PHONE 1 ADDRESS ZIP AGENCY E $15 MEMBER $25 NON-MEMBER i Make checks payable to PRAC - DEADLINE APRIL 10 I Mail this form with payment to: PRAC, P.O. BOX 28366, x SACRAMENTO, CA 95828-0366 ti STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN,Governor DEPARTMENT OF PARKS AND RECREATION P.O.BOX 942896 SACRAMENTO 94296-0001 April 17, 1989 Mr. Herbert Grench General Manager Midpeninsula Reg. Open Space Dist. 201 San Antonio Cir., Suite 135 Mountain View, CA 94040 Dear Mr. Grench: 1988 Park Bond Act - Trails Grant Program Projects Recommended/Not Recommended for Funding The Department has evaluated the proposals submitted under the Trails Grant Program and has forwarded its recommendations for funding, through the Department of Finance, for consideration by the Legislature. Many excellent proposals were received. Unfortunately, because of limited dollars, we were only able to recommend a few for funding. We received 139 proposals totalling over $22 million. Director Henry Agonia has recommended to the Legislature the funding of 32 projects for the amount available this year of $2,462,500. Proposals from your agency and the grant amounts being recommended for funding are: Russian Ridge Trail - $10,000 Proposals that could not be recommended for funding because of a lack of available funds are: None These recommendations are now being reviewed by the Legislature through the budget process. Funding for approved grants will be available July 1, 1989. At that time, an agreement will be forwarded to you for signature together with information on the ensuing procedures. This is the first year of a two-year Trails Program. Next year, there will be $2,462,500 available. The deadline for applications is September 15, 1989. Sincerely, 1-7�1 Ills foss T. Henry, Chief Planning and Local Assistance Division I I b 10e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y. I. DATE : April 26 , 1989 I I I I I i� April 20, 1989 TOWN of LOS GATOS Herb Grench Director Mid-Peninsula Regional Open Space District Old Mill Office Center 201 San Antonio Circle Building C, Suite 135 Mountain View, California 94040 Subject: Supplemental Environmental Impact Report (EIR) on Guadalupe College Dear Mr. Grench: On April 17, 1989 the Town Council approved a supplemental appropriation to the budget that will advance the expenses for the preliminary engineering and supplemental EIR for Guadalupe College. This was required to keep the project moving forward towards approval. The Council was given information that required a supplemental EIR whether or not an alternative road was selected. Therefore, in the interest of time, and the desire for an alternative road design, the Council approved advancing the money for the supplemental EIR. The Council also made it clear, however, that the money would be reimbursed by the current or any future applicant as a condition of approval. The total cost of the preliminary engineering (preliminary road design) and the environmental analysis is a maximum cost of $126,000. The Town Council respectfully requests that Mid-Peninsula share 50% of this advance until the Town is reimbursed by the applicant. As soon as the reimbursement is received from the applicant, the Town will then reimburse Mid-Peninsula. The Council asks that you seriously consider funding 50% of this $126,000 or $63,000. The Citizens for St. Joseph's Hill recently presented to the Town another check for $1,000, the credit of $500 could be applied to your contribution, which would reduce your share to $62,500. The Town Council appreciates your ongoing support for this project and hopes that you will assist in the review to determine if an alternative road is the preferred environmental choice. Sincerely, .: DEBORAH SWARTFAGER Town Manager DS:pm cc•• Town Council Lee Bowman, Planning Director MG01 A:\letters\grench CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949 • LOS GATOS, CALIFORNIA 95031 John Claudy 10377 Amistad Court Cupertino, CA 95014 (408) 257-9470 April 19, 1989 Herbert A. Grench General Manager Midpeninsula Regional Open Space District Old Mill Office Center, Building C-135 201 San Antonio Circle Mt. View, CA 94040 Dear Mr. Grench: I am writing you about two topics: (1) the current situation in the Picchetti Preserve, and (2) the ongoing process to formulate trail use policies and guidelines for District lands. To provide a context for my comments you should know that my wife and I are equestrians and our primary horse related activity is recreational trail riding. We keep our horses at Brookside Stables which is located on Montebello Road adjacent to the Picchetti Preserve. Because it is so close to the stable, we ride on the Picchetti Preserve an average of at least twice a week when the trails aren't overly muddy. However, most weekends we trailer to more distant locations and over the past year we have also ridden on the following District lands: Fremont Older, Long Ridge, Monte Bello Ridge, Russian Ridge, Saratoga Gap, Skyline Ridge, and Windy Hill. Thus I think we qualify as active users of District lands. With respect to the Picchetti Preserve: when is the "temporary" bypass road constructed by the county going to be removed? When the bypass was constructed last Fall it was my understanding that it was to be removed and the land returned to its natural state as soon as the main road was repaired. The road repairs were completed several months ago and so far there has been no activity related to removing the bypass. I was not able to attend the April 12 meeting at which the progress report on the formulation of trail use policies and guidelines was presented. However, the next day I went to the District office and picked up a copy of the report. While reading that report I was disappointed to learn that a copy of the draft policies and guidelines will not be available for public comment and discussion until the workshop on May 18. As a member of the Cupertino Planning Commission for the past eleven years, I have learned that one of the most effective ways for eliciting useful and thoughtful comments at a public hearing is to provide draft copies of the materials to the public in advance of the meeting. When the public has no advance information on the content of what is to be discussed, many of the public comments at hearings are comments on issues that aren't relevant or questions that would have been answered if the materials had been read in advance. I sincerely hope that you will reconsider and make the draft policies and guidelines available to interested citizens in advance of the workshop, especially since the timeline indicates that the workshop will be the only opportunity for public comment. As an equestrian, my primary concern when I am trail riding is the bicycle. This concern relates primarily to the issue of safety for both bicyclists and equestrians. I fully appreciate that the demand for off-road bicycle riding areas has increased dramatically in the past few years. Along with hikers, joggers and equestrians, bicyclists pay taxes and have a justifiable expectation that their recreational wants be met. The District has a responsibility to attempt to meet these wants in a manner that does not significantly impact the safety or rights of other users of District lands. Allowing off-road bicycle use of some of the steep, narrow, twisting trails that exist on District lands does not meet this responsibility. As I indicated above, during the Spring, Summer, and Fall my wife and I go trail riding on our horses almost every weekend. We used to do quite a bit of riding in the Fremont Older Preserve and in Lower Stevens Creek park since these are near where we keep our horses. However, at least in part because of problems with off-road bicycles, we seldom ride there any more. The problem isn't bicycles in and of themselves, but rather the way they are ridden by some bicycle riders. Many off-road bicycle riders like to go fast downhill. That is one of the reasons they go to the effort of riding uphill to start with. (Page 9 of the April 5 report indicates that speed is one of the bicyclist preferences. I also understand that in Marin County rangers have started to carry portable radar guns on the trails so they can clock and cite speeding bicyclists. ) Unfortunately, on many trails a bicyclists speeding downhill is incompatible with hikers, joggers, and equestrians. To a horse, even a calm and trailwise horse, the sight of a bicycle coming full speed downhill around a curve toward it, brakes squealing, tires skidding, and jackets or shirts flapping, can be too much. It is several times worse for the horse when it is not one but several bicycles, especially with kids shouting. This sort of thing has happened to us a number of times, and on two occasions we were involved in potentially serious problems when we were riding in the Fremont Older Preserve. On one occasion a horse threw its rider and tried to run away. On the other occasion two horses took off at a run downhill with their riders still aboard. Luckily there were no serious consequences from either event, both of which occurred on a wide trail where there was sufficient room for the horse to maneuver. On another occasion a rider we often ride with was almost forced off of the Table Mountain trail in Upper Stevens Creek park by a bicycle coming downhill on the trail -- a trail where bicycles were not permitted. Because of the steepness of the terrain in that area, had she been forced off the trail there is a very good possibility that both she and the horse would have been seriously injured or worse. I know there have been other incidents, but I don't have first hand knowledge of them. Please don't get the idea that I am condemning all off-road bicycle riders. This is not the case. At least 90 percent of the bicycle riders we have encountered have been very courteous and understanding. They pull to the side of the trail and wait until we go past, or slow down and proceed carefully on wide trails. The problem lies with the five to ten percent of the off-road bicycle riders who ignore courtesy, common sense, and posted regulations. However, given the large number of off-road riders, even five percent constitutes a large number of individuals in real terms. Given this large number of individuals who can and do cause problems, it just doesn't make sense to establish a set of policies and guidelines that makes it easier for problems to occur. I strongly urge you not to open the narrow trails to off- road bicycles. The situation is bad enough on the existing fireroads which at least allow some room for maneuvering and avoidance. In many locations on the narrow trails going over the edge will be the only way to avoid a collision. This isn't an acceptable alternative. Frankly, from an entirely selfish point of view I would prefer that bicycles not be allowed on the fireroads either, but I also realize that some form of compromise is necessary. An even better alternative would be the creation of parallel or alternate trails for bicycles only, but given limited resources that is a long term alternative at best. In addition to prohibiting off-road bicycles on the narrow trails, greater efforts should be made to educate both bicyclists and equestrians on the "rules-of-the-trail" and to have District rangers patrol the trails and fireroads. The greatest problem is bicycle speeds and brake and tire noise on the downhill sections. Seldom if ever is there a problem when a horse encounters a bicycle coming uphill at a slow to moderate speed on a fireroad. Speed limits should be established and riders who violate those limits, or who ride bicycles on trails that are posted for no bicycles, should be cited. The same should apply to equestrians who ride their horses on trails that are posted for no horses. While it would require multi-agency cooperation on a state- or region-wide scale, the most effective approach to getting the off-road bicycle problem under control would seem to be some form of licensing of bicycles for off-road use. I am not thinking of anything overly elaborate or complex. For example, any person who wanted to ride his bicycle off-road on public lands (state parks, country parks, open space district lands, national forests, etc) would be required to register the bicycle and pass a short test regarding "rules-of-the-trail. " After passing the test the bicyclist would be issued two metal license plates, approximately 2 by 6 inches in size, with unique numbers on them. These plates would then be attached to the front and back frame of the bicycle. Such a plan would, I believe, have several advantages: • The registration and examination process would provide an opportunity to educate bicycle riders. • The registration and examination process would insure that any person legally riding a bicycle on public lands would have demonstrated a knowledge of the "rules-of-the-trail. " • Rangers patrolling public lands could tell at a glance, with some degree of probability, whether bicyclists they encountered were there legally. Riders without license plates could then be stopped and reminded that a license is required. • Hikers, joggers and equestrians who encounter bicycles on no-bicycle trails, or who encounter bicyclists riding in a reckless manner could record the license numbers and report them to a ranger. All in all I think this could help reduce the growing off- road bicycle problem without overly infringing on the rights of bicyclists. Actually, I have no particular problem with implementing a similar registration program for equestrians. However, attaching a license plate to a horse might be a bit of a problem. Thank you for your consideration of the points I have raised in this letter and of my concerns. I urge you to think carefully about the safety aspects of the proposed trail use policies and guidelines. I would appreciate you providing copies of this letter to the members of the District Board of Directors and to the staff members who are drafting the proposed policies and procedures. Your incerely, John G. Clau6`dy Member, Cupertino Planning Commission and Los Altos Hills Trail Club 0,;1 MIX MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 April 24, 1989 John Claudy 10377 Amistad Court Cupertino, CA 95014 Dear Mr. Claudy: I am responding to your letter of April 19 regarding your concerns with unfinished work at Picchetti Ranch area and with the District ' s proposed trail use policies and guidelines. Thank you for thoughts principally on the mountain bike issue. These opinions and experiences will be passed on to the planners formulating the trailuse guidelines. In answer to your other questions, first, the Monte Bello "bypass" road is slated for removal and renovation as soon as the threat of heavy rain is past. Plans are completed. The county is contracting to implement the work, and District staff has had substantial input. The site work should be completed in June of this year with seeding to occur in early fall . Your question regarding the availability of the new trail policies is an interesting one. Our planners do not want to release the guidelines prematurely while still in the act of gathering information and general public input. The public workshop, which will be held on May 18, is not the last opportunity for public comments . At this workshop staff will present the background information and draft policies and then listen to public responses . Following that, the refined policies will be presented to the Board at a minimum of two further public hearings before they are formally adopted. The refined policies will be available to the public before the June Board meeting. I would encourage you to attend this May 18 meeting to present your views and we will also pass your letter on to our Board of Directors as you suggest. Sincerely, II -7 Herbert Grench General Manager HG:ma/ds cc: Board of Directors General Manager,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop �i 40 ij G f'- 44 LETS �::, •� 4 "} '' r t � _ �J : . � � �1 �' how N f .E�" ' o r� 11 0 G • '. - 0 i-1� - �-•!_�/ _ Qom. �` 4 POOR on ® `0 S OF Some view mountain bicyclists as a new breed of nature ]over, while others think they're outlaws. Which side you come doain on may � depend on how much dust you've eaten. 50 MAY/JUKE 1989 v c- <3 G Ir tip Ck G aYJOoo K s♦xrn By Dennis Ceello n armed ranger crouches in ambush where the When the two-wheelers began 4r6lhng onto the trails en t narrow hiking path intersects a paved road. His masse almost ten years ago, they stirred up a storm of prey, first spotted by a park-district helicopter controversy that has yet to settle. Quiet trails that had known patrol, sprints unwittingly around the last only boots and hooves were for the first rime imprinted with bend and directly into the trap—where a the tire tracks of all-terrain bicycles (ATBs), whose wide stern glare, a lecture,and a S230 fine await him. knobby tires,heavy-duty 15-speed gearing,and stout frames Another poacher or marijuana grower caught red-handed give riders speed and mountain-goat maneuverability on on public land?No:a bicyclist out for an early-morning ride steep and narrow tracks. The bikes proved tremendously on a trail where cycling is prohibited. This is an area in the popular: More than 5 million have been sold since mass- East Bay Regional Park District (EBRPD), which includes produced models hit the stores in the early 1980s. about 12,000 acres of nearly contiguous parkland bordering Many hikers and equestrians eyed the new kids on the Oakland, California. It's an "urban wilderness" for hikers, block with disdain for invading their backcountry. On a less joggers,equestrians,and,more recently,mountain bicyclists. philosophical level,the slower-paced trail users feared getting SIERRA • 51 II I� FFP plastered against a tree as a bike careened around a blind curve public lands are considering similar regulations;and the total on a narrow trail,or passed without warning at high speed on acreage of public land open to bicycles is shrinking as more a straightaway. When these problems were added to the areas in the country are designated as wilderness. damage that wheeled traffic can cause to a natural setting, Cyclists claim that the trails prone to soil damage don't It mountain biking's opponents dug in their Vibram soles. appeal to them. "What kills me is that mountain bikes don't Their intensity was matched only by that of certain vocal work in soft soils anyway,"says Steve Howe,editor of Utah's riders—holy rollers who demanded unlimited access to all Sports Guide magazine. "Don't worry about the occasional public lands, including designated wilderness areas. Their mountain biker who wanders a hundred yards off the road claim: Bicycles cause less trail damage than horses, which before he realizes it's just not the way to go. If you're really j are ubiquitous in many backcountry areas. Motorists had worried about soil damage, get livestock off:" itold cyclists for generations that bicycles don't belong on Rachel McDonald, supervisor of 2,300-acre Tilden Re- roads; now hikers seemed to be saying that they don't be- gional Park (one of the largest in the EBRPD system), says, i long off them. however, that environmental and social disturbances due to ; ' But after a decade the theme of coexistence is being sug- mountain bikes are undeniable. "Problems come about when j gested by cooler heads in both camps. Some mountain-bike riders are on trails where they don't belong," she says. organizations are cooperating with land managers to ease the "They're interesting trails, narrow and steep and fun to ride, impact on trails. Conservation organizations, especially the but the damage is obvious: ruts, which channel the water. Sierra Club,have tempered their opposition to the bikes. And on fire roads where biking is legal we sometimes get 4s If you hike, you may perceive bicycling on public lands as very fast riding,which is dangerous because none of the roads half-permitted;if you ride,you may see it as half-prohibited. are straight." Mountain bikes are banned from trails in all national and As for horses, which have had access to these parks for most state parks and monuments, and they're partially or years, McDonald finds little comparison. "Something I see completely forbidden in an increasing number of city,county, all over our bike and other trails, and one thing equestrians and regional parks. They are allowed on the majority of almost never do,"she says, "is make new trails. Beyond the national-forest and Bureau of Land Management roads and ruts and switchback crosscuts, the problem is new trails. `It's y trails,except those in wilderness and primitive areas and on a faster to the parking lot this way,'they say, and off they go." few specially marked trails. Of the 100,000 trail miles in When bicyclists first started modifying street cycles for use national forests, approximately 68,000 are open to bicycles. on the trails and fire roads of Northern California's Mt. A noncyclist might wonder why riders are upset, given Tamalpais nearly 15 years ago, part of the thrill was the cat- their legal access to the preponderance ofnonwildemess land. and-mouse game riders played with the state-park and water- Some mountain bikers respond that theirs is a continuing district rangers there. Today bikes are prohibited from foot- battle against overblown charges of damage to the environ- paths and the area has a 15-mile-per-hour speed limit(5 miles ment and danger to hikers. They contend that studies show per hour on blind curves and when passing walkers), a minimal erosion and human conflict when bicycles are al- volunteer bicycle patrol, and radar-toting rangers. Across lowed on trails. Yet the Sierra Club, perhaps mountain bicy- San Francisco Bay in Berkeley, members of one cycling club cling's most vocal opponent, continues to lobby for stiff teach trail etiquette to fellow riders and work with park regulations. The result is that an increasing number of non- administrators to minimize trail conflicts. 'I federal parks near urban areas are banning ATBs; federal Yet the sport's renegade image is hard to shake. In the same city another, slightly less public group educates its riders about the "best" times to ride on prohibited trails without i getting caught(in the early morning when fog obscures the helicopter patrol's view, and on the crew's day off). Bicycle lize itad manufacturers have capitalized n p o a sport once described in _ t:g Rolling Stone as an excuse"to get pig filthy and act rude"with - ads that peddle products with appeals to machismo ngrt7jally reserved for beer, truck, and motorcycle campaigns. "There are definitely two sides to this," says Steve Fiala, Along the White Rim trails coordinator for the EBRPD. "There's a large contingent Trail,a jeep road of very nice,responsible bikers. They tend to belong to clubs and are concerned that their recreational activity not be elimi- in Canyonlands nated from the park system. They have a specific trail eti- National Park, quette, they self-patrol, they distribute brochures on trail ' cyclists have gouged riding. Unfortunately, it takes one renegade to create a nega- tive impression of the sport." furrows on their way Mountain-bike proponents are quick to portray them- to the canyon rim. selves as principally safe, sane, courteous, and environmen- tally conscious—with perhaps a few adolescent spoilsports i thrown in. i 52 MAr/JUxe 1989 of k3 ^u .;k•° � rti� � �'e i= �'�tiL..d "Let's face it,"says Chris R"is, direc- tor of the National Off-Road Bicycle q '' ~�' ,• t Association (NORBA). "Some moon- twin hikers fail to follow switchbacks. We're not going to deny this or other types of banzai riding. What we're F i ing to do is get the word out that this is wrong, and why it's wrong. Most of r y our members pull off the trails for hikers and get off their bikes for horses. But there are some who don't. Let's not penalize all because of few" "I sympathize with people who have difficulties with kamikaze riders," says John Groo of Rim Tours, a bicycle-tour . t� outfitter in Moab, Utah. `At least more and more writers for mountain-bike �- _ s "` lr; ; magazines are discussing this problem s+Z ,j of idiot riders and their cost to us all. I i . think most riders have been educated. They pick up the need to ride correctly, environmentally, from other riders. A f x'f _ I V 1 park ranger just the other day told me the situation has definitely improved. They're getting more bikes than ever K and having less trouble." t '� •��"k V. .C+SS..S.S fi In an attempt to spread the word to new riders, NORBA provides posters and stickers to bike shops that describe , ' y �y r = i its 11-point code of etiquette. The code 1 ,' N z' calls for safe riding as well as respect for trail-use designations. The organization hopes that retailers will attach the small stickers to the frames of every bike they � �� sell. One major mountain-bike retailer, � �' -:� .�'�''sf�r'-�,, REI, Inc., displays "hang tags" on its : WIN mountain bicycles, encouraging riders to ride"only on trails officially approved for mountain-bike use. As might be expected, only moun- 4 .,�. - tain-bike organizations support the idea of leaving regulation up to cyclists'nas- cent self-discipline.The most innovative °? regulations have been put in lace g P P by land managers in large parks near urban areas (such as Tilden and Tamalpais) ' «-here conflicts between hikers and bikers are common. In when its board of directors included all-terrain bikes in its 1 Tilden, bikes are allowed on paved and unpaved roads. "If strict off-road-vehicle policy along with motorcycles and one of our trucks can drive it, it's a fire road and bikes are dune buggies. The policy immediately came under fire from welcome,"says Park Supervisor McDonald. "If it can't,it's a outside and within the Club(17 percent of the CIub's nearly narrow-gauge trail and bikes are prohibited."The policy is in 500,000 members own ATBs, according to a 1988 survey). In ; effect on all 60,000 acres of parkland in the district, although 1988 the Club separated its bicycle and motorized-vehicle l individual parks may enforce stricter controls where trail policies but still maintained that bicycles should be prohibited conditions warrant it.Each Tilden trail is posted with the trail from designated wilderness, and allowed on other public name and the type of travel allowed on it. Many also sport lands only after thorough analysis and public review signs showing who gives way to whom (bikers yield to `Bicycles are vehicles.There's no getting away from that," hikers;all yield to horses). says Sally Reid, a Club director and the organization's vice- The Sierra Club staked out a hard-line position in 1985 president for conservation. "Trails must be analyzed by land 1 SIERRA • 53 CLAIMS No. 89-08 Meeting 89-10 MIDPENINSL_ REGIONAL OPEN SPACE DIS'-L-.-CT Date: Apr.26, 1989 C L A I M, S 7r Amount Name Description 20609 50.00 Allied Towing Towing 2610 21.30 AmeriGas Tank Rental 2611 307.70 Annex Printing Job Announcement Brochures 2612 131.96 Bailey's Western Division Field Supplies 2613 41.73 James Boland Reimbursement--Uniform Expense 2614 10.00 State of California Resource Document 2615 309.00 State of California--DW Sales Tax for Trailer 2616 223.91 State of California--EED Unemployment Insurance 2617 298.38 Conservatree Paper Company Office Supplies 2618 9,146.10 William Cotton and Associates Geotechnical Consulting Fees 2619 270.00 Council on Educational Management Seminar Registration--D. Danielson and G. Grim 2620 74.90 The Darkroom Film DevelOFinentt 2621 4,691.65 Dillingham Associates Consulting Services 20622 261.95 John Escobar Reimbursement--Conference Expenses 2621 637.18 Jean Fiddes Reimbursement--Conference Expenses 2624 805.50 First American Title Guarantee Title Insurance Company 2625 ._.=5,000.00 First American Title Insurance Property Purchase--Fletcher Company 2626 75.00 First American Title Insurance Reconveyance Fees Company 2627 -1 ,815.00 Foss and Associates Special Project Fee---Salary Survey 2628 75.38 Graphistat, Inc. Art Enlargement 2629 109.71 Mazy Gundert Reimbursement--Resource Document and Private Vehicle Expense Mzo 34.20 Jobs Available Job Advertisement 1 26311 63.50 Ketch-All Company Dog Catcher Pole 2632 38.64 Mobil Oil Company Fuel 2633 11-763.19 Pon Nelson Trucking Truck Repairs 2634 243.40 Noble Ford Tractor, Inc. Tractor Equipment 2635 5.22 Norney's of Mountain View Office Supplies 2636 33.02 Northern Energy Propane Gas 2637 90.74 Pacific Bell Telephone Service 2638 200.00 Pacific Sanitation Sanitation Services 2639 1,000.00 Jack Paulin Tree Specialists Tree Trimming 1 2640 192.94 PIP Brochure Printing 2641 164.00 Pitney Bowes, Inc. Postage Meter r claims fb. 89-08 fleeting 89-10 Date: April 26, 1989 Y Amount Name Description 2642 500.00 Price Club Field Supplies 2643 53:45 Pure Water Stores Water Filter . 2644 553.39 Regal Dodge, Inc. Vehicle Repairs 2645 193.50 San Francisco Newspaper Agency Job Advertisement 2646 99.30 San Jose Mercury News Job Advertisement 2647 404.83 Shell Oil Company Fuel and Repairs 2648 7,420.00 E.R. Sheehan Equipment Rental and Consulting Fees, 2649 454.91 Signs of the Times Signs 2650 65.54 Smith Equipment, Inc. Equipment Parts 2651 75.00 Ticor Title Insurance Reconveyance Fees 2652 210.53 Tomlinson, Ziski,Rbrosoli & Maser Legal Services 2653 76.63 The Tribune Job Advertisement 2654 13.00 United States Geological Survey Maps 2655 236.25 Valley Title Company Preliminary Title Report 2656 288.95 Vanier Graphics Corporation Office Supplies 2657 110,000.00 Valley Title Company Property Purchase—Wong 658 16-.77 Del woods .Reimbursement--Slide Reproduction and Private Vehicle Expense 2639 120.37 Ward Products Computer Supplies 266C 663.34 Xerox Corporation Maintenance Agreement i i CLAIMS No. 89-08 Meeting 89-10 MIDPENINSuuA REGIONAL OPEN SPACE DIS,r(ICT Date: Apr.26, 1989 C REVISED Amount ' Name Description 2609 50.00 Allied Towing Towing 2610 21.30 AmeriGas Tank Rental 2611 307.70 Annex Printing Job Announcement Brochures 2612 131.96 Bailey's Western Division Field Supplies 2613 41.73 James Boland Reimbursement--Uniform Expense 2614 10.00 State of California Resource Document 2615 309.00 State of California--DMV Sales Tax for Trailer 2616 223.91 State of California—EED Unemployment Insurance 2617 298.38 Conservatree Paper Company Office Supplies 2618 9,446.10 William Cotton and Associates Geotechnical Consulting Fees 2619 270.00 Council on Educational Management Seminar Registration—D. Danielson and G. Grinm 20620 74.90 The.Darkroom Film Development 2621 4,691.65 Dillingham Associates Consulting Services 20622 261.95 John Escobar Reimbursement--Conference Expenses 2623; '037.18 Jean Fiddes Reimbursement--Conference Expenses 20624 805.50 First American Title Guarantee Title Insurance Company 2625 155,000.00 First American Title Insurance Property Purchase--Fletcher Company 2626 75.00 First American Title Insurance Reconveyance Fees Company 2627 , 1,815.00 Foss and Associates Special Project Fee--Salary Survey 2628 75.38 Graphistat, Inc. Art Enlargement 2629 109.71 Mary Gundert Reimbursement--Resource Document . and Private Vehicle Expense 2630 34.20 Jobs Available Job Advertisement 2631 63.50 Ketch-All Company Dog Catcher Pole 2632 38.64 Mobil Oil Company Fuel 2633 1,368.19 Ron Nelson Trucking Truck Repairs 2634 243.40 1,,,bble Ford Tractor, Inc. Tractor Equipment 2633 5.*22 Norney's of Mountain View Office Supplies 20636 33.02 Northern Energy Propane Gas 2637 90.74 Pacific Bell Telephone Service 2638 200.00 Pacific Sanitation Sanitation Services 2639 1,000.00 Jack Paulin Tree Specialists Tree Trimming 2640 192.94 PIP Brochure Printing 2641 164.00 Pitney Bowes, Inc. Postage I-leter Meeting 89-10 'EVISED Date: April 26, 1989 Amount Name Description 2642 500.00 Price Club Field Supplies 2643 53.45 Pure Water Stores Water Filter . 206�m4 553.39 Regal Dodge, Inc. Vehicle Repairs 26,25 193.50 San Francisco Newspaper Agency Job Advertisement 2646 99.30 San Jose Mercury News Job Advertisement 2647 404.83 Shell Oil Company Fuel and Repairs 2643 7,420.00 E.R. Sheehan Equiprmnt Rental and Consulting Fees 2649 ' 4.54.91 Signs of the Times Signs 26:50 65.54 Smith Equipment, Inc. Equipment Parts 2651 75.00 Ticor Title Insurance Reconveyance Fees 2652 210.53 Tomlinson, Ziski,Morosoli & Maser Legal Services HK 76.68 The Tribune Job Advertisement 26-7-1- 13.00 United States Geological Survey maps 26515 236.25 Valley Title Company Preliminary Title Report 2055 288.95 Vanier Graphics Corporation Office Supplies 2657 110,000.00 Valley Title Company Property Purchase--I%bng 24,58 161.77 Del 1%bods Reimbursement--Slide Reproduction and Private Vehicle Expense 2659 120.37 1vbrd Products Computer Supplies 20660 669.34 Xerox Corporation Maintenance Agreement 2661 149.63 John Kowaleski Reimbursement--Educational Assistance 2662 501.87 Sears, Roebuck and Company Furnace--Ranger Residence 2663 371.04 Petty Cash Postage, Photo Reproduction, Fuel, Vehicle Repairs, Field and office Supplies, Telephone Expense,Film, Meeting and Private Vehicle Expense