HomeMy Public PortalAbout19901212 - Agendas Packet - Board of Directors (BOD) - 90-30 Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 90-30
REGULAR MEETING
BOARD OF DIRECTORS
December 12, 1990
MINUTES
I . ROLL CALL
President Nonette Hanko called the meeting to order at 7: 35 P.M.
Members Present: Katherine Duffy, Nonette Hanko, Richard Bishop,
Robert McKibbin, Teena Henshaw, Ginny Babbitt, and Betsy Crowder.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Jean Fiddes, John Escobar, and Emma Johnson.
II . APPROVAL OF MINUTES
November 14, 1990
Motion: R. Bishop moved that the Board approve the minutes of
November 14, 1990. B. Crowder seconded the motion.
The motion passed 7 to 0.
November 28, 1990
N. Hanko noted that the bottom of page one was missing the words
"this time. " .
Motion: R. Bishop moved that the Board approve the minutes of
November 28 , 1990 as amended. B. Crowder seconded the
motion. The motion passed 7 to 0.
III. WRITTEN COMMUNICATION
E. Johnson stated that the Board had received a written
communication dated December 4 from State Assemblyman Byron Sher
congratulating the District on receiving the California
Department of Parks and Recreation' s 1990 "Take Pride in
California" Award. She stated that no response was necessary.
IV. ORAL COMMUNICATIONS
There were no oral communications.
V. ADOPTION OF AGENDA
N. Hanko stated that the agenda was adopted by Board consensus .
VI. BOARD BUSINESS
A. Proposed Additionof the Nicholas Property to the Cathedral
Oaks Area of Sierra Azul Open Space Preserve (Report-R-90-
145 dated November 27 , 1990)
C. Britton reported that the 40-acre proposed acquisition is
Meeting 90-30 2
southeast and north of the Cathedral Oaks Area of Sierra
Azul Open Space Preserve and could serve as a future trail
connection to that area. He said that the purchase price of
$160, 000 is payable at close of escrow.
D. Hansen' s slide presentation showed the site and the
location of Calvillo Road which terminates on the property.
He said the site would offer potential trail connections
from the Cathedral Oaks area to Mt. Thayer and Mt. Umunhum.
He added that staff recommends installation of private
property and preserve boundary signs, and that the site be
designated a conservation management unit.
Motion: K. Duffy moved that the Board adopt Resolution 90-
64 , a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District
Authorizing Officer to Execute Certificate of
Acceptance of Grant to District, and Authorizing
General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of
the Transaction (Sierra Azul Open Space Preserve
Lands of Nicholas) . T. Henshaw seconded the
motion. The motion passed 7 to 0.
Motion: K. Duffy moved that the Board tentatively adopt
the Preliminary Use and Management Plan
recommendations, including naming the property as
an addition to the Cathedral Oaks Area of Sierra
Azul Open Space Preserve, and indicate its
intention to withhold the property from dedication
as public open space at this time. T. Henshaw
seconded the motion. The motion passed 7 to 0.
B. Authorization to Fill Ranger Position (Report R-90-120 dated
December 6, 1990)
D. Hansen said that the Board had approved funding for an
additional ranger position in the 1990-1991 budget. He said
staff is now recommending that the position be filled with
one of the qualified candidates available. He added that,
due to a ranger resignation, that position will be filled
prior to the additional ranger position.
B. Crowder stated that a greater ranger presence is needed
and proposed that bicycles for rangers would be helpful . D.
Hansen responded that staff has considered that as well as a
volunteer patrol program.
General discussion followed on future plans for the program
such as another 5-year plan. D. Hansen said that this is
the last year of the previous five-year plan and that he had
given his recommendations to the General Manager for the
"Strategic Plan for the 90 ' s. "
Motion: R. McKibbin moved that the Board authorize staff
to fill the additional ranger position funded in
the 1990-1991 budget. T. Henshaw seconded the
motion. The motion passed 7 to 0.
Meeting 90-30 3
C. Proposed Process for Completion of District ' s Coordinated
Graphic Design Program (Report R-90-149 dated December 3,
1990)
H. Grench introduced the report in the absence of M. Hale.
He said that a new graphic design had been adopted for
printed materials and that the Board had asked for staff
recommendations for a process to facilitate completion of a
graphic design program for District vehicles , signs and
shoulder patches .
Discussion centered on the need for a professional designer
to avoid design mistakes of the past and the role staff
would have in the procedure. H. Grench said that M. Hale
had talked with designers who would be considered in the
process. K. Duffy stated that specifications should not be
too complicated, that the professionals should look at the
whole logo package. G. Babbitt stated her concern about
getting a professional to do the work since the process will
be lengthy. H. Grench said that M. Hale had said that the
specifications are the most critical part of the process and
II
that she had talked with designers who would enter into the
process .
R. McKibbin and N. Hanko said that staff should be involved
in the process with at least some feedback sometime in the
process, since they wear the patch and have to identify with
it. R. McKibbin suggested that Board members advise staff
as to why they didn' t like the earlier new design that was
proposed.
H. Grench responded that the Board' s ideas about the
problems of the earlier design should surface in the
discussion of specifications and that staff ' s involvement
will be sought . He clarified that a consultant might be
used to see the process through in behalf of the District
but that this would not be the graphic designer who actually
will do the design work.
B. Crowder suggested that the consultant should attend the
Board workshop. G. Babbit stated her agreement with the
concept of a workshop, and T. Henshaw added that it is
important that the consultant hear the discussion at the
workshop.
The Board concurred to amend the five-point plan to include
staff feedback at some level .
Motion: R. Bishop moved that the Board adopt the proposed
five-point plan contained in the report with the
additional provision that at some point in the
process staff have an opportunity to review and
comment on the proposed design. R. McKibbin
seconded the motion.
Discussion: B. Crowder stated her opinion that it
will not be necessary to follow the exact
Meeting 90-30 4
procedure as outlined in the report and would like
to see some flexibility. R. Bishop agreed that it
could be adjusted during the process .
K. Duffy suggested that staff review and feedback
be scheduled between steps four and five. T.
Henshaw and R. McKibbin stated their agreement.
The motion passed 7 to 0.
D. Continuation of 1990-1991 Mid-Year Program Evaluation
(Report R-90-146 dated November 29, 1990)
N. Hanko stated that this item was continued from the
Board' s previous meeting.
G. Babbitt asked what renovations have taken place at
Picchetti Ranch Area and where plans stand for Windy Hill
Open Space Preserve.
D. Hansen responded that the District has just finished
utilizing the first grant funds for the project at Picchetti
Ranch which principally focused on the winery building and
that work on adjacent buildings is continuing under a county
grant. He said the District is nearly ready to start work
under a second grant of $190, 000 focusing on the barn and
other structures . He noted that progress has been slowed by
the county permit process that ensures work is being done
according to code. He said the Picchetti Winery Restoration
Review Committee should meet to determine progress and get
an outline of what anticipated completion schedules are. He
said that the tenant has fulfilled the public requirements
such as restrooms and parking areas, but that the District
should get an amended agreement with Mr. Stortz that focuses
on the timetable.
D. Hansen, responding to the question on Windy Hill Open
Space Preserve, said staff has submitted preliminary
information and has the full submittal going to the Planning
Department and the Town Council . He said the process is
taking longer than expected, but staff intends to continue
with plans and specifications this coming year as well as
volunteer trail work and start contruction the following
year, which is approximately a year behind schedule.
D. Hansen said the plans and specifications are complete for
the Grant House and staff is waiting for the building permit
from the City of Mountain View.
In response to a question regarding the Strategic Plan for
the 90 ' s, H. Grench said that the plan should be presented
to the Board in January.
Motion: R. McKibbin moved that the Board accept the
program evaluation contained in the staff report
for the first six months of the 1990-1991 fiscal
year. T. Henshaw seconded the motion. The motion
passed 7 to 0.
Meeting 90-30 5
E. Final Adoption of the Preliminary Use and Management Plan
for the Pong Property Addition to Cathedral Oaks Area of
Sierra Azul Open Space Preserve (Report R-90-148 dated
December 3, 1990)
Motion: R. McKibbin moved that the Board adopt the
Preliminary Use and Management Plan for the Pong
property addition to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve, including the
naming, as contained in the staff report, and 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 7 to 0 .
F. Appointment of Directors to Wards 1 , 2, 5, and 6 (Report R-
90-150 dated December 5, 1990)
Motion: K. Duffy moved that the Board adopt Resolution 90-
65, a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District
Appointing Katherine (Kay) Duffy, Robert (Bob)
McKibbin, Nanette G. Hanko, and Elizabeth (Betsy)
Crowder to the office of Director for Ward 1 , 2,
5, and 6 Respectively. R. McKibbin seconded the
motion. The motion passed 7 to 0.
VII . INFORMATIONAL REPORT
D. Hansen reported that a volunteer project to cut old Christmas
trees was held on December 8 at Skyline Ridge Open Space
Preserve. He said 150 trees were given to the Salvation Army.
He added that the Thornewood tour on December 16 was fully booked
with 150 people.
R. McKibbin noted that he attended an Eagle Scout ceremony and
that Eric Johnson attained the rank of Eagle Scout in nine years,
one of the 2% that receive that designation.
C. Britton reported that the District has been trying, without
success, to get state funding for purchase of the Cathedral Oaks
property from Peninsula Open Space Trust. He said that the Youth
Science Institute (YSI) , which had been interested in renovation
of the building is no longer interested because of the earthquake
damage, and that Peninsula Open Space Trust would like to proceed
with the removal of the improvements . He asked if there were any
objections to this proposal by the Board. Board members did not
voice any objection.
J. Escobar reported that he attended a Trail Advocacy Committee
meeting of the Trails Center and presented the District ' s trail
closure report and that everyone there was in full agreement and
encouraged closing trails in winter to prevent damage.
C. Britton, reporting on the District ' s new office building, said
that tenants have occupied space that won' t be needed by the
District and that staff has received thirteen proposals from
architects for design of the District space. He said final
Meeting 90-30 6
selection of an architect will be considered by the Office Space
Committee. He added that he anticipates a Board item on
architect selection in January.
VIII. CLAIMS
Motion: R. Bishop moved that the Board approve Revised Claims
90-22, dated December 12, 1990. T. Henshaw seconded
the motion. The motion passed 7 to 0.
Ix. CLOSED SESSION
H. Grench announced that labor negotiations would be discussed in
Closed Session. The Board recessed to Closed Session at 9:05
P.M.
X. ADJOURNMENT
The meeting was adjourned at 11 :05 P.M.
Emma Johnson
Recording Secretary
CORRECTIONS TO MINUTES OF DECEMBER 12 19
90 i
December 12, 1990
D. Hansen stated that Section D, paragraph 5, page 4 of the minutes
should read "D. Hansen said the plans and specifications are
complete for the Grant House and staff is waiting for the building
permit from the Santa Clara County Planning Department. "
Motion: R. Bishop moved that the Board accept the minutes of
December 12 as corrected. B. Crowder seconded the motion.
The motion passed 6 to 0.
I
i
II
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 90-30
REGULAR MEETING
BOARD OF DIRECTORS
A G E N D A
7 : 30 P.M. 201 San Antonio Circle
Wednesday Building C - Suite 135
December 12 , 1990 Mountain View, Calif .
(7 : 30) * ROLL CALL
APPROVAL OF MINUTES (November 14 and November 28 , 1990)
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS -- Public**
ADOPTION OF AGENDA
BOARD BUSINESS
(7 : 45) 1 . Proposed Addition of the Nicholas Property to the
Cathedral Oaks Area of Sierra Azul Open Space
Preserve -- C. Britton
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 (Cathedral Oaks Area of Sierra
Azul Open Space Preserve - Lands of Nicholas)
(7 : 55) 2. Authorization to Fill Ranger Position -- D. Hansen
(8 :00) 3 . Proposed Process for Completion of District ' s
Coordinated Graphic Design Program -- M. Hale
(8 :30) 4 . Continuation of 1990-1991 Mid-Year Program
Evaluation Discussion -- H. Grench
(9:00) *** 5. Final Adoption of the Preliminary Use and
Management Plan for the Pong Property Addition to
Cathedral Oaks Area of Sierra Azul Open Space
Preserve -- D. Hansen
6. Appointment of Directors to Wards 1, 2 , 5, and 6
- J. Fiddes
Resolution Appointing Katherine (Kay) Duffy,
Robert (Bob) McKibbin, Nonette G. Hanko, and
Elizabeth (Betsy) Crowder to the Office of
Director for Ward 1 , 2, 5 and 6 Respectively
(9:05) INFORMATIONAL REPORTS -- Directors and Staff
CLAIMS
CLOSED SESSION (Litigation, Land Negotiations , Labor
Negotiations , and Personnel 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.
Denotes Express Item
NOTICE OF PUBLIC MEETINGS
There will be a Special Meeting of the Board of Directors on Thursday,
December 13, 1990 beginning at 7:00 P.M. The purpose of the meeting is for
the Board to hold a closed session to discuss personnel matters.
The second Regular Meeting of the Board of Directors for the month of December
has been rescheduled to Wednesday, December 19, 1990.
iOpen Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 90-28
REGULAR MEETING
BOARD OF DIRECTORS
NOVEMBER 14 , 1990
MINUTES I
I . ROLL CALL
President Nonette Hanko called the meeting to order at 7 : 40
P .M.
Members Present: Betsy Crowder, Nonette Hanko, Robert
McKibbin, Richard Bishop, Ginny Babbitt, and Teena Henshaw.
Member Absent: Katherine Duffy.
Personnel Present: Herbert Grench, Craig Britton, David
Hansen, Jean Fiddes , Mary Hale , John Escobar , Mary Gundert,
Stanley Norton, and Joan Combs .
II . APPROVAL OF MINUTES
September 23 , 1990
Motion: R. Bishop moved that the Board approve the minutes
- of September 23 . R. McKibbin seconded the motion.
The motion passed 6 to 0 .
October 23 1990
Motion: R. Bishop moved that the Board approve the minutes
of October 23 . R. McKibbin seconded the motion.
The motion passed 6 to 0 .
October 24 1990
I
Motion: R. Bishop moved that the Board approve the minutes
of October 24 . R. McKibbin seconded the motion.
The motion passed 5 to 0 , with T. Henshaw
abstaining because she was absent was from the
meeting.
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 . Phone: (415) 949-5500 ° FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shellev
Meeting 90-28 Page two
October 29, 1990
Motion: R. Bishop moved that the Board approve the minutes
of October 29 . R. McKibbin seconded the motion.
The motion passed 6 to 0 .
III. WRITTEN COMMUNICATIONS
J. Combs stated that the following written communications
had been received:
a letter, dated October 27 , 1990, from Keith and Luella
McFarland, 13361 La Paloma Road, Los Altos Hills, and
signed by several others, regarding parking facilities
at the southeastern end of Monte Bello Open Space
Preserve;
2) a letter dated October 22, 1990, from Antonio Rossman,
representing Western States Endurance Run, commenting
on the District' s proposed trail use policies;
3) a letter, dated September 25, 1990 , from Cornell
Scanlan, 844 Santa Paula Avenue, Sunnyvale, regarding
trail use policies.
J. Combs stated that draft responses prepared by staff
were attached to the letters .
N. Hanko stated that approval of the draft responses to Mr.
Rossman and Mr. Scanlan would be deferred until the agenda
item on the final adoption of Trail Use Policies was
considered. Discussion centered on possible sites for a
parking area providing access to the southeast area of Monte
Bello Open Space Preserve. D. Hansen said that staff was
negotiating with property owners in the vicinity for an
appropriate parking site. N. Hanko said that the Board
would like to pursue a parking area in that vicinity. H.
Grench said that discussion of parking on Montebello Road
could be placed on a future agenda and taken out of the
regular use and management review process for Monte Bello
Open Space Preserve, if the Board wished. R. Bishop said
that the subject should be agendized to discuss potential
problems. N. Hanko requested that the item be placed on an
agenda prior to budget preparation and stated the consensus
that the draft response was approved for mailing.
IV. ORAL COMMUNICATIONS
There were no oral communications.
V. ADOPTION OF AGENDA
N. Hanko stated that the agenda was adopted by Board
consensus.
Meeting 90-28 Page three
VI. BOARD BUSINESS
A. Final Adoption of Trail Use Policies (Report R-90-136
dated November 4, 1990)
B. Crowder stated that she thought the staff responses
to Mr. Rossman and Mr. Scanlan were excellent. R.
Bishop noted that the Trail Use Policies had been
thoroughly discussed at the last meeting and that he
favored adoption of the policies.
Motion: R. Bishop moved that the Board adopt the
Trail Use Policies as amended at the October
24, 1990 meeting and contained in the staff
report. T. Henshaw seconded the motion. The
motion passed 6 to 0.
N. Hanko stated that the draft responses to Mr. Rossman
and Mr. Scanlan were acceptable by Board consensus.
N. Hanko suggested that the minutes of the October 24
meeting containing discussion of trail use policies be
sent to former Director Edward Shelley.
B. Cooperative Agreement with East Palo Altofor Ownership
and Management of the Ravenswood Drill Line from
Southern Pacific Transportation Company (Report R-90-
122 dated November 5, 1990)
C. Britton stated that under the agreement, the City of
East Palo Alto would acquire rights to the Ravenswood
Drill track easement extending to the south for local
purposes and the District would acquire the rights to
the north for a projected portion of the Bayfront
Trail. He said that the District would have no
objections to the city using the District ' s portion as
a roadway, as long as no wetlands are affected by the
roadway.
Motion: R. McKibbin moved that the Board adopt
Resolution 90-57 , a Resolution of the Board
of Directors of the Midpeninsula Regional
Open Space District Approving and Authorizing
Execution of an Agreement for Ownership and
Management of Real Property, and Authorizing
General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing
of the Transaction (Ravenswood Open Space
Preserve, Lands of Southern Pacific
Transportation Company) . B. Crowder seconded
the motion. The motion passed 6 to 0.
Meeting 90-28 Page four
C. East Palo Alto Redevelopment Agency Tax Increment
Sharing Agreement (Report R-90-111 dated November 5,
1990)
H. Grench stated that he had been negotiating with the
East Palo Alto Redevelopment Agency on a pass-through
agreement in order to obtain as much as possible of the
tax increment from the redevelopment area. He said
that as a result of negotiations , the District will
receive a 2% annual increase in property tax revenue
from the project area for the next two years, and 65%
of the District ' s share of the increment generated
under the propect thereafter.
Motion: B. Crowder moved that the Board adopt
Resolution 90-58, a Resolution of the Board
of Directors of the Midpeninsula Regional
Open Space District Approving Agreement with
the Redevelopment Agency of the City of East
Palo Alto Covering Tax Increment from
Ravenswood Industrial Development Project and
Authorizing Execution Thereof. R. McKibbin
seconded the motion. The motion passed 6 to
0 .
R. Bishop commended H. Grench for negotiating an
advantageous agreement.
D. Proposed Annexation to the District of McDonald
Property Addition to La Honda Creek Open Space Preserve
(Report R-90-132 dated November 2, 1990)
H. Grench said that 1, 100 acres are being recommended
for annexation. He noted that approximately 340 acres
of the property are within the District ' s political
boundary and sphere of influence, and approximately 422
acres are within the sphere of influence but outside
the boundary. He stated that 338 acres are both
outside the sphere and District boundary, adding that
they had been inadvertently omitted from the proposed
sphere of influence at the time the Local Agency
Formation Commission was considering adoption of the
sphere of influence boundaries . He said that the
intention at the time was to have entire properties
either inside or outside the recommended sphere.
Motion: R. McKibbin moved that the Board adopt
Resolution 90-59, a Resolution of the Board
of Directors of the Midpeninsula Regional
Open Space District Requesting Initiation of
Annexation Procedures by the Santa Clara
County Local Agency Formation Commission
(Midpeninsula Preserves 1990 - La Honda
Creek. ) B. Crowder seconded the motion.
Meeting 90-28 Page five
Motion to Amend: R. Bishop moved that the Board
authorize staff to enlarge the District ' s
sphere of influence if the Local Agency
Formation Commission requests it. R.
McKibbin seconded the motion to amend.
The motion to amend passed 6 to 0.
The motion passed 6 to 0.
E. Request for Authorization to Solicit Dump Truck Bids
(Report R-90-188 dated October 10, 1990)
D. Hansen stated that $12, 000 was available from the
Salaries and Benefits account of the budget , but that
approximately $33, 000 would probably be needed from the
New Land Commitments budget category.
Motion: N. Hanko moved that the Board authorize staff
to solicit competitive bids for one full size
dump truck for an amount not to exceed
$45, 000 from funds available in the Salaries
and Benefits account of the 1990-1991 Open
Space Management Budget and, if needed, from
the New Land Commitments budget categories .
T. Henshaw seconded the motion. The motion
passed 6 to 0.
F. Appointment to Committee Vacancies (Report R-90-134
dated November 8, 1990)
N. Hanko stated that G. Babbitt had agreed to serve on
the Office Space and Legislative committees.
Motion: R. Bishop moved that the Board confirm the
President' s appointment of Director Babbitt
to the vacancies on the Office Space and
Legislative committees . R. McKibbin seconded
the motion. The motion passed 6 to 0.
G. Final Adoption of the Preliminary Use and Management
Plan for the Schmidt Property Addition to the Mt.
Umunhum Area of Sierra Azul Open Space Preserve (Report
R-90-133 dated November 2, 1990)
Motion: R. McKibbin moved that the Board adopt the
Preliminary Use and Management Plan for the
Schmidt property addition to the Mt. Umunhum
Area of Sierra Azul Open Space Preserve,
including the naming, as contained in the
Meeting 90-28 Page six
II
staff report, and 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.
H. Final Adoption of the Preliminary Use and Management
Plan for the Mayr Property Addition to the Cathedral
Oaks Area of Sierra Azul open Space Preserve (Report R-
90-129 dated November 5, 1990)
Motion: T. Henshaw moved that the Board adopt the
Preliminary Use and Management Plan for the
Mayr property addition to the Cathedral Oaks
Area of Sierra Azul Open Space Preserve,
including the naming, as contained in the
staff report, 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 6 to
0.
I. Rescheduling of December 26, 1990 Regular Board Meeting
(Report R-90-135 dated November 8, 1990)
N. Hanko proposed that the December 26 meeting be
rescheduled to December 19, with Board members
providing a potluck dinner at 5: 30 P.M. for staff
before the 7 : 30 Board meeting. She said staff could
meet Director Babbitt and also have some of the 1990
International Open Space Conference presentations.
Motion: N. Hanko moved that the Board reschedule its
regular meeting of December 26, 1990 to
Wednesday, December 19, 1990. T. Henshaw
seconded the motion. The motion passed 6 to
0.
H. Grench noted that the November 28 long closed
session referred to in the staff report may not be
necessary, but recommended that the Board authorize the
President to schedule a meeting at 6 :00 P.M. on
November 28 , if necessary. N. Hanko noted that the
Budget Committee, rather than the full Board, as
indicated on the agenda, was scheduled to meet at 12:00
noon on November 28 .
Motion: R. Bishop moved that the Board authorize the
President to schedule a November 28 regular
meeting for 6 P.M. if necessary. B. Crowder
seconded the motion. The motion passed 6 to
0.
Meeting 90-28 Page seven
VIII . INFORMATIONAL REPORTS
H. Grench stated that Sonoma County' s voters had approved a
new open space and agricultural preservation district, to be
funded by a one-quarter cent sales tax.
D. Hansen reported on the progress of the Master Plan,
stating that staff had drafted a letter to Spangle &
Associates giving them one month to complete the project.
H. Grench reported on the November 13 meeting of the 1990
Open Space Conference Advisory Committee, at which the
committee discussed using the $5,000 grant from the San
Francisco Foundation to further open space preservation in
the Bay Area. In response to a question from T. Henshaw, H.
Grench said that the final evaluation of the conference
would be presented to the Board in the future.
D. Hansen reported that he attended the Santa Clara County
Parks and Recreation Commission hearing on the trail
dedication policies draft and had testified for the
District.
J. Escobar reported that Teresa Wolowic has resigned as a
District ranger to take a position as firefighter with the
City and County of San Francisco. He also reported that
three open space technicians have been hired. He noted that
Docent Coordinator Joyce Nicholas will be retiring at the
end of the year, and that District docent Donna Gallagher
will fill the position temporarily for six months .
J. Escobar reported on two bicycle accidents at Monte Bello
and Fremont Older Open Space Preserves, and a hiking
accident at Windmill Pasture Area of Rancho San Antonio Open
Space Preserve.
VIII.CLAIMS
Motion: R. Bishop moved that the Board approve the Revised
Claims 90-20 . R. McKibbin seconded the motion.
The motion passed 6 to 0.
IX. CLOSED SESSION
S . Norton announced that a portion of Closed Session would
deal with potential litigation under Government Code Section
54956, subdivision 9C. C. Britton stated that a land
negotiation matter would be discussed: Santa Clara County
Assessor ' s Parcel Number 562-07-014, owned by Robert W.
Barlow. Jean Fiddes stated that labor negotiation matters
would be discussed. The Board recessed to Closed Session at
9:08 P.M.
X. ADJOURNMENT
The Board reconvened to adjourn the meeting at 10: 30 P.M.
Joan Combs
Secretary
................
t
Claims No. 90-20
Mmeeting 90-28
Date: Nov. 14, 1990
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ra"ISa. )
# Amount Name Description
i -l ---- ------ --- ----- ------- ------ -----------------------------------------------
-------- -----
4966 330,00 Los-Altos-
Medical-
----
Clinic Pre-Employ, Fhysi cal s
4967 119.61 Marin Simply Company Field Supplies
4968 525.15 Michael t��r-Closkey Open Space Conference E` aense
4969 29.82 McWhorter Is Office Supplies
4970 723.71 Minton's Lumber & Simply Field Sapnlies
4971 925.00 Mobil Radio Resources Radio Service
4972 16.73 Monta Vista Garden Field Stmpiies
4973 318.00 National Parks and Conservation Oren Space Conference Ezemense
Association
4974 218.00 The Nature Conservancy Open Space Conference Eripense
4975 232.63 Orchard Supply Hardware Field Suzpalies
4976 53,584.99 Orrick, Herrington & Sutcliffe Legal Services arm Expenses
4977 11110.56 Pacific Bell Telephone Service
4978 1,050.80 Pacific Gas & Electric C.rmrany Utilities
4979 21.80 City of Palo Alto Utilities Utilities
4980 54.96 Loro Paterson Reimru s;nent--Field Sumlies
4981 1,594.58 Peninsula Oil Company Fuel
4982 318.00 Clay Peters Open Space Conference En-pense
4983 94.99 Pine Cone Lixmber Company Field Suoniles
151.49 PIP Printing Photocopying
4984 285.29 Fort-O-Let Sanitation Services
4985 8.62 Precision Engravers, Inc, Name Tag
4986 85.00 Rabbit Copiers Photocop;.:ing
4987 107.24 Rancho Hardware Field Stmplies
4988 145.00 Janna S. Rankin Open Spare Conference dense
4989 14.14 Regal Dodge, Inc. Vehicle Repair
4990 3,100.00 Renfro Roofing Company Roof Repairs
4991 3,185.72 Rhos Ridge Associates Road Improvements
4992 631.35 Rich's Tire Service Tires
4993 362.00 Robertson, Alex-ander, . Luther, Legal Services
E:sselstein,Shiells & Wright
4994 408.83 Roy's Repair Service Vehicle Repairs
4995 114.40 William Ryan Company Tank
4996 1,030.00 San Jose M3ercury News Advertisement
4997 105.00 San Mateo County Building Permit
4998 700.00 San Mateo County Building Permit
4999 946.22 Santa Clara County Sheriff's Patrol Services
Department
5000 2,680.00 Eugene Sheehan Consulting Services and Equipment Rental
5001 698.20 John Shelton, Inc. Culverts
5002 154.58 Signs of the Times Signs
5003 99.00 Skillxa th, Inc. Seminar Registration--C.Bruins
5004 61.55 Skyline County Water Department Water Service
5005 3.5.56 Smith Equipment Company Egaipment Part
5006 30.01 Standard Brands Paints Company Faint
5007 129.56 Summit Uhiform;s Uniform Emense
5008 85.00 Telesystens Telephone Repair
Emergency check issued on October 26, 1990.
i
Claims No. 90-20
Meeting 90-28
Date: Nov. 14, 1990
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REVISED
# AmountName Descrintion
----------------------------------------------------------------------------------------------------
4925 805.29 Ace Fire Emiip ment & Service Service Fire Extinguishers
4926 220.81 Albright Seed Company Seed Mix
4927 1,288.61 Alves Petroleum, Inc. Fuel
4928 120.00 ASPA Region X Conference Conference Registration--C.Bruins
4929 118.00 AT&T Telephone Repair
4930 214.57 Bay Area Air Quality Managenent Tank. Permit Fee
District
4931 188.62 Judith Bechtel Reimbursement--Utilities
4932 1,705.26 Belmont Computer Products rrnnuter
4933 8,137.82 R.C. Benson & Sons, Inc. Picchetti Restoration Project
4934 12.00 Best Imuressions Resource Document
4935 2,559.53 Frank Bevans Photography Conference Photograp!W
4936 2,509.65 Birnie Lumber and Fence Company Redwood Split Rail
4937 162.04 Diane Blac1a-ian Reimbursement--Seminar Registration
and Resource Document
4938 74.75 Ruth Blanchard Private Vehicle Ex-Dense
4939 , 4,995.00 Louis Bondi General Engineering Road Grading
4939 137.72 Cabela's Inc. Uniform Emense
4940 1,030.00 State of California--Employment Unemployment Insurance
Develoranent Department
4941 100.00 California Park & Recreation Membership D-es
Society Inc.
4942 125.00 State of California--Department Right-of-Trey Lease
Of Transportation
4943 289.55 California Water Service Company Water Service
4944 13,448.30 Calprrm, Inc. Office Building Improvements
4945 8.56 Central Stationers Office Supplies
4946 58.99 Goastside Gas Service Tank Rental
4947 329.G0 , ,anications Research Company MAintenance Agreement
00.00 Capt. Denny . C'onstantine Bat Analysis
III 4948 1 Y Ys
4949 587.07 Crest Copies, Inc. Photocopying and Bluelines
4950 468.41 Ai ice 0-umnings Reimbursement--Conference Expense
and Private Vehicle Emense
4951 28.16 DeHart's Printing Services Photocopying
4952 7,968.48 Design Concepts Design and Production Fbrk
4953 1,567.65 Garcia WWll and Pump Company Well Repairs and Pump Installed
4954 28.05 Gold Coast Couriers Delivery Service
4955 250.23 Herbert Grench Reimbursement--Out-of-Town Meeting
Expenses and Subscription
4956 150.00 Greg Grimm Reimbursement--Plumbing Expense
4957 13.47 Grossman's Field Supplies
4958 159.56 Mary GAuidert Reimbbursement--Permit Fees and Private
Vehicle Emense
4959 700.00 J and J Water Trucks Water Delivery
4960 257.40 A. Durs Koenig Open Space Conference Expense
4961 344.12 Konica Business Systems Maintenance Agreement
4962 338.00 Judith M. LaBelle Chen Space Conference dense
4963 70.00 Landscape Architecture Subscription
4964 32.99 Claude A. Look Open Space Conference Emense
4965 691.30 Los Altos Garbage C.ampany Dumpster Rental
Claims No. 90-20
Meeting 90-28
Date: Nov. 14, 190
MIDPENIW, JLA RE(3IONAL OPEN SPACE DIS.rLRI REVISED
# AM01-in't- Name Description
----------------------------------------------------------------------------------------------------
50og 268.74 The Travel Place Conference Expense--L. McGuire
5010 35.00 Tribune Media Services Subscription
5011 50.32 Martha Ture Open Spare Conference Expense
5012 856.71 Unocal Fuel
5013 156.70 US Rentals Equipment Rental
5014 100.53 Utility Truck Bodies, Inc. Vehicle Locks
5015 61.67 Vallen Safety Supply
Company Safety Supplies
5016 255.00 Valley Title Company Preliminary Title Report
5017 411.68 Value Business Products Office Shirolies
5018 69.09 Western Elections Election Forms
5019 90.00 Whole Access Workshop Registration—A.Colerran
5020 183.11 John Wiley & Sons Res m- irce Dr-wimen't
5021 1705.04 Wolf Computers Laser Printer
5022 518.66 The Workingman's Emporium Uniform Expense
5023 351.92 Petty Cash Film and Developing, Field and Office
Supplies, Local Meeting Expense,
Equipment Rental and Conference Expense
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 90-29
REGULAR MEETING
BOARD OF DIRECTORS
November 28 , 1990
MINUTES
Z . ROLL CALL
President Nonette Hanko called the meeting to order at 7: 30 P.M.
Members Present: Ginny Babbitt, Richard Bishop, Betsy Crowder, Kay
Duffy, Nonette Hanko, Teena Henshaw, and Robert McKibbin.
Personnel Present : Herbert Grench, Craig Britton, David Hansen,
Jean Fiddes , Mary Hale, John Escobar, Maryly Dole, and Deborah
Morvay-Zucker.
WRITTEN COMMUNICATIONS
Deborah Morvay-Zucker stated that the Board had received a letter
dated November 18 , 1990 from Marilyn Chaplin regarding an accident
she had on Long Ridge Open Space Preserve involving equestrians and
cyclists. She said that a draft response was attached for the
written communication. N. Hanko stated that the draft response was
approved by Board consensus .
III . ADOPTION OF AGENDA
C. Britton introduced a new District employee, Maryly Dole, Open
Space Acquisition Secretary.
N. Hanko stated that the agenda was adopted by Board consensus .
IV. BOARD BUSINESS
A. Legislative Program Final Report for 1989-1990 Session (Report
R-90-128 dated November 1.3 , 1990) H. Grench introduced Ralph
Heim, the District ' s legislative counsel , who briefed the Board
on the recently concluded legislative session. Mr. Heim also
noted that the certain requirements for notification of public
meetings have been suspended. The Board accepted the final
report. N. Hanko noted that T. Henshaw and not K. Duffy should
be included as a committee member who attended the May 8 , 1990
meeting mentioned in the report .
B. Proposed Addition of Carilli Property to the Cathedral Oaks Area
of Sierra Azul Open Space Preserve (Report R-90-137 dated
November 14 , 1990) C. Britton stated that the 70-acre property
purchase price of $185, 000 includes $120 , 000 cash payment and a
7-year note for the balance of $65, 000 . D. Hansen stated that
the property would �be included in patrol routes and that staff
recommended that the property be withheld from dedication at
Meeting 90-29 Page 2
Motion: R. Bishop moved that the Board adopt Resolution 90-60 ,
a Resolution of the Board of Directors of the
Midpeninsula 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 Carilli) . T. Henshaw seconded the motion. The
motion passed 7 to 0 .
Motion: R. Bishop moved that the Board tentatively adopt the
Preliminary Use and Management Plan, including naming
the property as an addition to the Cathedral Oaks Area
of Sierra Azul Open Space Preserve, and indicate its
intention to withhold the property from dedication as
public open space at this time. T. Henshaw seconded
the motion. The motion passed 7 to 0 .
C. Proposed Addition of Barlow Property to the Mt . Umunhum Area of
Sierra Azul Open Space Preserve (Report R-90-139 dated November
15, 1990) C. Britton stated that the District would, upon its
acceptance, exercise its previously negotiated Right of First
Refusal to acquire the 40-acre property. He also stated that
the purchase price was $272 , 000 . D. Hansen stated that the
acquisition would offer potential short-term and long-term
routes for continuation of the Bay Area Ridge Trail and that the
residence to be rented in the interim might eventually be used
as a hikers ' hut . He noted that a portion of Barlow Road passed
through the property.
Motion: R. Bishop moved that the Board adopt Resolution 90-61 ,
a Resolution of the Board of Directors of the
Midpeninsula 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 (Mt . Umunhum Area of Sierra Azul Open
Space Preserve, Lands of Barlow) . B. Crowder seconded
the motion. The motion passed 7 to 0.
Motion: R. Bishop moved that the Board tentatively adopt the
Preliminary Use and Management Plan, including naming
the property as an addition to the Mt. Umunhum Area of
Sierra Azul Open Space Preserve, and indicate its
intention to withhold the property from dedication as
public open space at this time. B. Crowder seconded
the motion. The motion passed 7 to 0.
Meeting 90-29 Page 3
D. Proposed Addition of Peninsula Open Space Trust Property to
Saratoga Gap Open Space Preserve (Report R-90-140 dated November
14 , ' 1990) C . Britton stated that the property is located in the
Heather Heights subdivision, one-quarter mile east of the
Highway 9 - Highway 35 (Skyline Boulevard) intersection. He
added that he received a letter from Craig Juntenen, 24605
Heather Heights , Saratoga, stating he , together with Chuck
Mahan, opposed any type of development that surround their
parcels on Heather Heights Road. D. Hansen commented that the
agreement included a road maintenance agreement at an annual
cost to the District of $600.
Motion: K. Duffy moved that the Board adopt Resolution 90-62, a
Resolution of the Board of Directors of the Midpenin-
sula 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 (Saratoga Gap Open Space
Preserve - Lands of Peninsula Open Space Trust) R.
McKibbin seconded the motion. The motion passed 7 to
0 .
Motion: K. Duffy moved that the Board tentatively adopt the
Preliminary Use and Management Plan, including naming
the property as an addition to Saratoga Gap 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.
E. Agreement with Peninsula Open Space Trust to Construct Alpine
Lake Nature Education Center at Skyline Ridge Open Space
Preserve (Report R-90-144 dated November 21 , 1990) D. Hansen
explained that District expenditure for improvements was
estimated to be $23 , 500 . He added that there was a change in
item 2 of the agreement to name the building "David C . Daniels '
Nature Center, " and that item 5 had been changed to read "The
parties hereto may modify, extend or terminate this agreement
upon mutual written consent . "
Motion: N. Hanko moved that the Board execute the agreement
with Peninsula Open Space Trust to enter and construct
the Alpine Lake nature education center at Skyline
Ridge Open Space Preserve. R. McKibbin seconded the
motion. The motion passed 7 to 0 .
Meeting 90-29 Page 4
li
Motion: N. Hanko moved that the Board approve, if necessary,
the transfer of $23 , 500 from the New Land Commitment
budget account to the 1990-1991 Open Space Management
Structures and Improvements account to be used as the
District ' s contribution toward construction of the
building. R. McKibbin seconded the motion. The motion
passed 7 to 0 .
F. Proposed Seasonal and Interim Trail Closures to Bicycle and
Equestrian Use (Report R-90-138 dated November 15, 1990) D.
Hansen commented that the recommendations were basically the
same as last year ' s recommendations with the additions of Rancho
San Antonio Open Space Preserve Black Mountain trails and
Skyline Ridge Open Space Preserve Horseshoe Lake area trails .
Jobst Brandt, 351 Middlefield Road, Palo Alto, expressed his
concern with the lack of drainage and water checks on the Alpine
Road. N. Hanko expressed the Board ' s interest in the
maintenance of the road and the potential of the maintenance
work needed as a volunteer project. J. Escobar indicated that
there has been a verbal agreement between the District and the
County of San Mateo to keep them informed of its condition for
patrol purposes .
G. 1990-1991 Mid-Year Program Evaluation (Report R-90-131 dated
November 14 1990) C . Britton, D. Hansen, M. Hale, and J.
Fiddes highlighted portions of their respective sections of the
staff report . G. Babbitt stated that she felt the material
needed to be discussed in more depth, particularly reasons
projects had not been completed and projected completion dates .
Motion: T. Henshaw moved to continue the Board' s discussion of
the program evaluation material to a regular meeting in
December. R. McKibbin seconded the motion. The motion
passed 7 to 0 .
H. Proposed Transfer of Private Water Line Easement - Purisima
Creek Redwoods Open Space Preserve - Lan
ds of Fisher (Report
ort R-
90-143 dated November 19 1990) C . Britton explained that the
easement is for a. domestic water line in an existing right of
way on 400 feet of dedicated land.
Motion: K. Duffy moved that the Board adopt Resolution 90-63 , a
Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Authorizing
Acceptance of Agreement for Transfer of Interest in
Real Property, Authorizing Officer to Execute a Deed
for the Real Property Interest Being Released, and
Authorizing General Manager to Execute Any and All
j Other Documents Necessary or Appropriate to Closing of
the Transaction (Purisima Creek Redwoods Open Space
i
Meeting 90-29 Page 5
Preserve - Lands of Fisher) . R. McKibbin seconded the
motion. The motion passed 7 to 0 .
I
I . Proposed Policy Revision Regarding Closed Session Discussion of
Property Negotiations (Report R-90-143 dated November 19 , 1990)
H. Grench stated that the revised policy called for announcement
in public session of property to be discussed in closed session
by county and assessor ' s parcel number and the listed property
owner, together with the name of the party with whom the
District would be negotiating. He also said that the District
would continue to provide new owners of property that may be
considered for acquisition with information about the District
in accordance with the policy.
Motion: N. Hanko moved that the Board adopt the Revised Policy
Regarding Sections of the Brown Act Relating to Closed
Session Discussions of Property Negotiations . R.
Bishop seconded the motion. The motion passed 7 to 0.
J. Final Adoption of the comprehensive Use and Management Plan for
Fremont Older Open Space Preserve (Report R-90-141)
Motion: R. McKibbin moved that the Board adopt the Revised
Comprehensive Use and Management Plan for Fremont Older
Open Space Preserve as contained in report R-90-130 and
amended in report R-90-141 . T. Henshaw seconded the
motion. The motion passed 7 to 0 .
V. INFORMATIONAL REPORTS
H. Grench informed the Board that the District received a $500
donation from Jean Lichtenstein of San Carlos . She made the
donation in memory of her late husband, Michael Lichtenstein.
H. Grench also announced that he was invited to be a panelist at a
li symposium on "Open Space Districts in California" on January 18 ,
1991 in Santa Barbara County, adding that a similar symposium will
be held in Sacramento County. He announced the upcoming Thornewood
tour on Sunday, December 16 . Additionally, he stated that proposals
for design of the District headquarters at 330 Distel Circle were
III being received and reviewed the process that would be used to select
an architect .
D. Hansen announced that the District was the recipient of a "Take
Pride in California" Award for its docent and volunteer programs .
He stated that the District was one of 37 recipients and was
eligible for a national award.
J. Escobar reported on three recent accidents on District preserves .
He stated that one was the equestrian-cyclist accident discussed
I
i
Meeting 90-29 Page 6
earlier during written communications and the other two were solo
bicycle accidents .
VI. CLAIMS
Motion: R. Bishop moved that the Board approve Revised Claims 90-21
dated November 28 , 1990. T. Henshaw seconded the motion.
The motion passed 7 to 0 .
VII . CLOSED SESSION
The Board recessed to Closed Session on personnel matters at 10:45
P.M.
VIII . ADJOURNMENT
The meeting was adjourned at 11 :38 P.M.
Deborah Morvay-Zucker
Secretary
Claims No. 90-211
_meeting 9C-�
Date: Nov. 28, 1990
REVISED
MIDPENENSULA REGIONAL OPTENT SPACE DI`-IRIC-1
# Amount Name Description
---------------------------------------------------------------------------------------------------
I,18,t4 .59 '111bright Seed Comp .aM,7 5024 A _ Custom se,�- Mix
5025 95.00 the American Cons-tilting Group Registration Fee--D. T I Iopley
5026 9,773.98 Blicimnan Turk-us Consulting Services
5027 39.63 Carleen Drains Reiintursemnt-Off ice Sullies
5028 551.32 Dick Bnfnn, Inc. tJhiiform sense
5029 11615.00 California Parks, & Recreation Registration Fee-114ary Hia-Le
Society, Inc..
5030 150.00 C.P.R.S.Dis-It--rict IV Christmas Lruncheon
5031 167.92 California Water Service Crm rraiTy Water Service
7
5032 157.11 Clark's AWo Parts/Machine Snpn
Vehicle Parts
5033 121.52 Sheryl Marioni Cochran Private Vehicle Exrense
5034 197.90 Patrick Congdon i7Zeim"ourse,-,P-nt--r-,o-ii-L;-*erp-nce Exrjenses
5035 60.05 Conney, Safety Products Safety Su m-. lies
L
5036 267.64 Alice Curmnings Re.am',-;Lirsenp-n"-*--'.'L,-Lln, and Processing
5037 29.79 Di"I'tmers Gxmmet, Meats L,6(.-a'L Mle-e-ting &Tense
5038 13.50 East Palo Alto Water District Water Service
5039
American Title land Purchase-Carilli
185,000.00 First Title
Guarantee Corrmany
5040 195.00 David. B. Fisber Leg'-XIL Set-vices
5041 32.55 Goodco Press, Inc. Printing
5042 775.91 Greenbelt Alliance 199,0 Oren Srace Conference Expense
5043 97.05 Greg g Grimm Rp-imhl7Lirsf-=T-,enl--Pli-irrLnin-g B-mense
5044 921,84 Habitat Restoration Group Consulting Services
504.5 395.61 Farbinger Crnmnications, Malling List ;;aid Crmpiter Charges
-
5046 110.07 Hengeho-ld Motor Inc. Equir-meni, Rent-al-L
5047 5219.89 The home Depot, Inc. Shop and Field Tools
5048 176.50 Honp--yv;--Il Protection Services Burglar Alarm Maintenance
5049 178.00 Michael C. Houck 1990 Onen Srrm-ce Conference & ense
J
50,90 600.00 ill-lp Geologists & Engineers Consulting Services
5051 4210.00 J. Thomas jalzabcy Consulting Services
5052 210.00 Thiorms L. Karnofel ExpensesA -L
5053 34.00 M-at"Chew Ken T-jaining, Co,,:,.rse
5054 294.00 Keye Product--ivity, Center Registration Fee-D.Satygn-linetti,
G.GriTmu, and J. 117-scr;bar
505.5 596.00 Meyers, Nave, Riltack & W-st Legal Services
A
50515 56.7-t Nomej'-s of Mountain View Office Sizmlies
5057 35.15 Northern Energy Pronane Gas
5058 395.46 Office Chfb
Office SLtpplies
5059 253.61 Pacific Pell Telertione Service
5060 734.90 Pacific Gas and Electric Cm- rarry Utilities
5061 1,441.42 Peninsula Oil CA--,mpany Flue i
5062 380,000.00 Peninsula Oven -,rare -LrkL'-,-t Land Purchase--POST
5063 599.40 Peninsula Times -Tribime Advertisement
5064 43.48 Precision Eng gravers, Inc. Name Badge,-s
506.5 45.00 Price Club rbershin Fee
5066 195.83 Vicki Reeder 1990 Owen S*oace Conference Ex-,-xense
5067 475.00 Renfro Roofing Ccmpjany Roof Repairs
5068 1,182.94
2 Roy I s Repair Service Vehicle Repairs
5069 30.00 Safety Storage Inc. Field Equipment
5070 36.00 David &%xiguinet,;Ci En-)ense
Claims No. 90-21
Meeting, 90-29
Date: Nov. 28, 1990
F-EY ISED
MIDPENTNITSULA REGIONAL OPEN SPACE DISTRTC`T
n Amount Name DescriUtion
---------------------------------------------------------------------------------------------------
5071 250.00 Santa Clara CmurtY Permit Al-plication
5072 10i0.74 Santa Clara Cortnty Sheriff's Patrol Services
Den,artment
5073 400.00 Eugene R. Sheehan Ex:Tuti-ouent Rental
5074 210.92 She11 Oil CCrrnany F4Ie1
5075 1,716.25 Snyder Lumber Co,-u ny Picnic Tables
5076 85.59 �:���it Uniforms Uniform E:tense
5077 2,230.06 San Mateo Coun y Tax Collector Property Taxes
5078 2,000.53 Santa CrT4/-- Cmn ty Tax Collector Property Taxes
5079 272,000.00 Valley Title Corman; Lar' Purchase—Barlow
5080 185.00 stern=Allied Service Comany Maintenance Service
5081 250.00 Del Wmds Private Vehicle Exrerlse
5082 392.00 WordPerfect Corporation Corr uter Sof toare
5083 851.91 The Workingman's Emporitmrt Uniform Exz?ense
5084 1,981.63 Yard-bird Equira lent Coi3?any Field Err,-,.li_nuent am- Repairs
5085 120.12 Yer ba Buena N u`Sei y Plants
5085 308.59 Petty Cash Office a-L-d Fief Supplies, Uniform
Expense, Open Space Conference E:xpp s�
Film and Develo-ping, Local Meeting
Expense, Permits aryl Private Vehicle
Exraense
G:f � t��
CAPITOL OFFICE - �� rI' COMMITTEESv
STATE CAPITOL
CHAIRMAN
P.O.BOX 942849
SACRAMENTO.CA 94249.0001 NATURAL RESOURCES
(916)445-7632 MEMBER
DISTRICT OFFICE lyY+rY ■ � ENVIRONMENTAL SAFETY&
785 CASTRO STREET �V ` TOXIC MATERIALS
SUITE C �y GOVERNMENTAL EFFICIENCY&
MOUNTAIN5)961-603 FINANCE&INSURANCE
94041 � � �j � � � CEON
(4
ADMINISTRATIVE ASSISTANT , JOINT COMMITTEES
BETSY BLAIS SHOTWELL
ARTS
BYRON D. SHER PRISON
RT�o OPERATIONS
-ASSEMBLYMAN,TWENTY-FIRST DISTRICT ENERGY REGULATION&
THE ENVIRONMENT
RESPONSE ACTION PROPOSED BY STAFF
December 4 , 1990 Board President Acknowledge/Respond
Director Acknowledge/Respond
The Midpeninsula Regional Staff Acknowledge/Respond
Open Space District Old Mill Office Center Draft Response Attached
Bldg. C Suite 135 Staff to be Directed to Prepare Draft
Response for Board Consideration per
201 San Antonio Circle Board Directive(s)
hlt. View, CA 94040 - No Response Necessary
Dear Friends,
Please accept my heartiest congratulations on your receipt of the
California Department of Parks and Recreation 1990 " Take Pride
in California" award .
As Chair of the Assembly Natural Resources Committee, I applaud
your efforts to preserve and protect the special natural resources
of the Bay Area.
Again, my congratulations.
Sincerely,
Byr n D. Sher
Assemblymember
21st District
BDS :gp
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-145
(Meeting 90-30
December 1-2 , 1990)
REPORT
November 27 , 1990
TO: Board of Directors
FROM: C . Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager;
S . Marioni Cochran, Associate
Open Space Planner; C . Bruins ,
Administrative Assistant
SUBJECT: Proposed Addition of the Nicholas Property to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve
Recommended Actions :
i . 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 (Sierra Azul Open Space Preserve - Lands of
Nicholas) .
2 . Tentatively adopt the Preliminary Use and Management Plan
recommendations contained in this report , including naming
the property as an addition to the Cathedral Oaks Area of
Sierra Azul 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 40-acre parcel located
along a tributary of Hooker Gulch southeast of Lexington
Reservoir . Portions of the Cathedral Oaks Area of Sierra Azul
Open Space Preserve lie northwest and south of the property. A
future trail connecting these two areas could potentially cross
the property. Calvillo Road, an overgrown dirt road originating
along Weaver Road to the north, terminates near the center of the
property. Acquisition of this property would help protect the
scenic and wildlife value of the Hooker Gulch watershed.
R-90-145 Page 2
1 . P_Kop --rty Identification
Property owner: J. Gregory Nicholas
Size : 40 acres
2 . Location and Boundaries (see attached map)
Regional setting: Southeast of Lexington Reservoir , in
Hooker Gulch in unincorporated Santa Clara County
Road access : Soda Springs Road to Weaver Road to Calvillo
Road
Boundaries : Surrounded on all sides by private property
Nearby public lands : Lexington Reservoir County Park lies
to the west; portions of the Cathedral Oaks Area of Sierra
Azu! Open Space Preserve lie northwest and south of the
property.
Nearby landmarks : Lexington Reservoir to the northwest and
Mt. Thayer to the east
3 . Tpp�gKA by and�iy5krojq-qY
Elevation range: 1 , 480 feet near southwest property corner
to 2 , 080 feet near the eastern boundary
Slope steepness : Gentle to moderately steep slopes north of
the creek; steeper slopes south of the creek
Slope exposure: Primarily west-facing slopes with some
south and southeast-facing slopes
Watershed: A tributary of Hooker Gulch crosses the
property; Hooker Gulch flows into Los Gatos Creek which
flows into Lexington Reservoir.
4 . Geolo and. soils
Seismology: San Andreas Fault approximately one mile
southwest
Soil classification: Highly erodible Los Gatos-Maymen type
R-90-145 Page
5. Flora and Fauna
Plantcommunities : Riparian and chaparral , portions of the
property are recovering from the 1985 Lexington Hills fire
Dominant flora: Manzanita, scrub oak, chamise , baccharis ,
toyon, bay madrone, live oak, Douglas fir along the creek
Common fauna: Blacktailed deer, brush rabbit , coyote ,
bobcat and other mammals , birds and reptiles typically found
in chaparral and riparian plant communities
6 . Visual ,Q_uajjties
Viewshed: Forms a portion of the scenic backdrop above Los
Gatos Creek in the Hooker Gulch watershed
Vistas : Southwest into Hooker Gulch and Los Gatos Creek
Canyon
7 . Existing _Improvements
Calvillo Road, an overgrown dirt road, enters the property
along the western boundary. The road deadends before
reaching the creek . This road originates along Weaver Road
approximately one-half mile northwest of the property.
There are no structures on the property.
8 . Existing Usk
The property is currently unoccupied.
9 . Planning C_qq_pjidera t ions
Political boundaries : Unincorporated Santa Clara County,
within District boundaries
Zoning: Hillside (requiring a 20 to 160 acre minimum lot
size)
Master Plan rating: Low ranking for suitability as open
II
space
Use and Management Plan review: The Interim Use and
Management Plan for the Cathedral Oaks Area of Sierra Azu!
Open Space Preserve will be reviewed within a three year
period.
R-90-145 Page 4
Regional plans : The Santa Clara County' s Trails and
Pathways Plan identified a proposed trail corridor along
Soda Springs Road connecting Lexington Reservoir with the
Sierra Azul ridgelzne .
10 . Potential Use—and Managgement
A future trail connecting the portion of the Cathedral Oaks
Area lying north of hendrys Creek and the area above Wrights
Station could potentially cross the property. This trail
could follow Calvillo Road through the property and
northwest to Weaver Road. It could then follow Weaver Road,
providing public access north to Soda Springs Road.
11 . Public Safety Review
Staff inspected the site and found no existing or potential
public safety hazards .
12 . Preliminary Use and Management Recommendations
Signs : install private property and preserve boundary signs
where appropriate.
Roads : Maintain Calvillo Road for patrol
Site Emphasis designation: Conservation Management Unit
(CMU)
13 . Name
The property should be named as an addition to the Cathedral
Oaks area of Sierra Azul Open Space Preserve .
14 . 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.
15 . Terms
In accordance with the terms of the attached Purchase
.Agreement, the full purchase price of $160 , 000 is payable in
cash at close of escrow. This 40-acre parcel constitutes
one legal building site and as such, the price being paid is
considered fair and reasonable . The property is currently
listed for sale at an asking price of $175, 000 .
R-90-145 Page 5
16. Funding
The full explanation of this funding summary is contained in
report R-90-137 dated March 5, 1990 .
The District ' s 1990-1991 fiscal year budget includes $15 . 4
million for new open space acquisitions ; $15. 2 million in
cash outlay and $0 . 2 million in notes.
The following is a current summary of cash expenditures for
open space acquisition for the 1990-1991 fiscal year:
Land Acquisition Funds for this Fiscal Year (Cash) $ 15, 200 , 000
Purchase escrows closed ($ 7 , 766 , 500)
Previously Approved Acquisitions (not closed) ($ 1 , 072 , 000)
The Nicholas Property Acquisition Recommended ($ 160 , 000)
for approval on this Agenda
Remaining Cash Balance for Future Acquisitions this
Fiscal Year $ 6 , 201,.�PQ
---------------------------
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PURCHASE AGREEMENT
This Agreement is made and entered into by and between J. Gregory
Nicholas, 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 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 Joe Beatty Real Estate on September
13, 1990, 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 midpeninsula 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 forty (40) acres, more
or less, and commonly referred to as Santa Clara County Assessor' s
Parcel No. 558-31-13 . Said property being 'furtherdescribed in the
Legal Description attached to Preliminary Title Report number AL-
173207 dated September 17, 1990 from Continental Lawyers Title
Company, a copy of said preliminary 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
Purchase Agreement - Nicholas Page 2
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 Sixty Thousand and No/100
Dollars ($160, 000 . 00) , payable in cash at the Closing (as further
defined herein . )
3 . Escrow. Promptly upon execution of this Agreement, in
accordance with Section 11 herein, an escrow shall be opened at
Continental Lawyers Title Company, 4991 Cherry Avenue, Suite A, San
Jose, CA 95118, phone number (408) 448-2500, or other title company
acceptable to District and Seller (hereinafter "Escrow Holder")
through which the purchase and sale of the Property shall be
consummated. 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 be on or before January 4, 1991, provided, however, that the
parties may, by 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 terms 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.
Purchase Agreement Nicholas Page 3
(ii) District 's check payable to Escrow Holder in the amount
of One Hundred Sixty Thousand and No/100 Dollars ($160, 000 . 00)
(e) 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 Santa Clara 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.
(f) Seller shall cause Continental Lawyers Title 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 ($160, 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
instruments 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 .
Purchase Agreement - Nicholas Page 4
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, claims for relocation benefits and/or
payments pursuant to California Government Code Section 7260 et sea.
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 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 Bindina 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 bound or any articles, bylaws or corporate
resolutions of Seller .
Purchase Agreement - Nicholas Page 5
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 j
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.
8 . Hazardous Substances . "Hazardous substance" as used herein
means and includes polychlorinated biphenyls (PCB ' s) , 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
substance 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) 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 Comi)ensatio_n_ . 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
Purchase Agreement - Nicholas Page 6
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 .
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 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 .
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 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 performance 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.
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
Purchase Agreement - Nicholas Page 7
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.
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, telefax communication 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 : J. Gregory Nicholas
c/o Joe Beatty Real Estate- (Gary Beck)
7172 Anjou Creek Circle
San Jose, CA 95120
(4 08) 2 68-4 0 62
FAX: (408) 927-0225
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
Fax: (415-949-5679)
Copy To: Stanley R. Norton, Esq.
407 Sherman Avenue
Palo Alto, CA 94306
(415) 324-1366
Fax: (415-327-9151)
If sent by telegraph, telefax communication or cable, a conformed
copy of such telegraphic/telefaxed communication 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
addressee ' 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
Purchase Agreement - Nicholas
Page 8
contained in this Agreement shall excuse either art fromgiving
party
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 vo
id or n u enforceable by or as a result of a
determination of an court of
Y competent jurisdiction, the decision
� o 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 i r v p o sions 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 .
10 .09 Entire Aar em _nt- . 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, conversations, 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
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 .
Purchase Agreement - Nicholas
Page 9
10 . 12 Assi nment . 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.
10 . 13 Further Docume ts and Acts . Each of -the parties hereto
agrees to execute and deliver such furt
her 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 Su-c!C�!::::'!1::LDYS and As iq
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. 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 .
10 . 16 Like Kind Exchange District understands that Seller
intends to effect a like kind exchange (including the possibility of
a simultaneous or a delayed "Starker" exchange) , pursuant to Section
1031 of the Internal Revenue Code, of the Property for other Property
to be designated by Seller . District agrees to cooperate with Seller
to effect such exchange by performing all acts necessary therefor,
excluding, without limitation, taking title to the exchange property;
provided, however, that District shall not be obligated to incur any
additional expense in connection with the performance of its
obligations under this Section 10 . 16.
10 . 17 -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.
10 - 18 Pronoun Refere ces . 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 .
Purchase Agreement - Nicholas Page 10
11 . Acceptance . Provided that this Agreement is signed by Seller
and returned to District on or before November 16, 1990 District
shall have until midnight December 12, 1990 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 the 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
herein.
Purchase Agreement - Nicholas Page 11
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.
MIDPENINSULA REGIONAL OPEN SPACE SELLER
DISTRICT
APPROVED AS TO FORM: vU. Gre,4orV Nicholas
-/ Date : A /j j -o
Stanley Nort n, "District ounse1
ACCEPT R RECOMMENDATION:
L. Cr ritton,
Land Acquisition Manager
APPROVED AND ACCEPTED ;
President, Board of Directors
ATTEST:
District Clerk
Date:
CONTINENTAL LAWYERS TITLE COMPANY
A WHOLLY OWNED SUBSIDIARY OF
LAWYERS TITLE INSURANCE CORPORATION
I
4991 CHERRY AVENUE, STE A.
SAN JOSE, CA 95118
(408) 448-2500
GARY BECK ESCROW OFFICER PHYLLIS QUIST
7172 ANJOU CREEK CIRCLE TITLE OFFICER AIMEE R . HARRISON
SAN JOSE, CA 95120 BUYERS NAME
ATTN : PROPERTY ADDRESS
YOUR NO .
DATED AS OF SEPTEMBER 17, 1990 AT 7: 30 A.M. OUR NO . AL173207
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE
INSURANCE,
CONTINENTAL LAWYERS TITLE COMPANY, A CALIFORNIA CORPORATION
HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED AS OF
THE DATE HEREOF, A LAWYERS TITLE INSURANCE CORPORATION POLICY OR POLICIES
OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN
I
HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY
REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN
EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE
PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS .
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR
POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF THE POLICY FORMS
SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS
REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS 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 COMMIT-
MENT SHOULD BE REQUESTED.
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS :
1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1988 [ XI
2. AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY (10-21-87) [ ]
3. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY [ ]
(6-1-87)
4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-21-87) [ ]
TITLE OFFICER, AIMEE R . HARRISON
SCHEDULE A
PAGE 2
ORDER NO . AL173207
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS :
A FEE
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN :
J . GREGORY NICHOLAS
I
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SANTA CLARA, UNINCORPORATED AREA AND IS DESCRIBED AS FOLLOWS :
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11 IN TOWNSHIP 9
SOUTH RANGE
A GE 1 WEST, MOUNT DIABLO BASE AND MERIDIAN .
APN : 558-31-013
i
ARB : 558-31-003
}
i
I
I
I
I
I
SCHEDULE B
PAGE 3
ORDER NO . AL173207
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEP-
TIONS AND. EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS
REPORT WOULD BE AS FOLLOWS :
A. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE
LEVIED FOR THE FISCAL YEAR 1990 - 1991 WHICH ARE A LIEN NOT YET DUE
AND PAYABLE .
B . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PRO-
VISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75 ) OF THE REVENUE
AND TAXATION CODE OF THE STATE OF CALIFORNIA.
1. LACK OF A RIGHT OF ACCESS TO AND FROM THE LAND.
2. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE AMOUNT SHOWN BELOW,
AND ANY OTHER OBLIGATIONS SECURED THEREBY :
AMOUNT : $55,000.00
DATED : JUNE 101 1985
TRUSTOR : SLAVIC IMPORT BROKERS, A CALIFORNIA CORPORATION
TRUSTEE : SANTA CLARA COUNTY TITLE COMPANY, A CALIFORNIA
CORPORATION Y
BENEFICIARY : WILLIAM CALVILLO AND LUCY F . CALVILLO, HIS WIFE,
AS JOINT TENANTS
RECORDED : JULY 5, 19851 BOOK J392, OFFICIAL RECORDS
PAGE 158
SERIES NO . : 8458624
LOAN NO . : NONE SHOWN
TYPE LOAN : NONE SHOWN
ADDRESS : 1307 ALABAMA STREET, SAN FRANCISCO, CA
THE EFFECT OF A FULL RECONVEYANCE RECORDED AUGUST 81 1990 IN BOOK
L443, OFFICIAL RECORDS, PAGE 1045. SAID RECONVEYANCE HAS BEEN EXE-
CUTED BY THE BENEFICIARIES .
3. MATTERS WHICH MAY BE DISCLOSED BY AN INSPECTION OR BY A SURVEY OF
SAID LAND THAT IS SATISFACTORY TO THIS COMPANY, OR BY INQUIRY OF THE
PARTIES IN POSSESSION THEREOF .
4. ANY RIGHTS OF THE PARTIES ,IN POSSESSION OF SAID LAND, BASED ON AN
UNRECORDED AGREEMENT, CONTRACT OR LEASE, AS DISCLOSED BY INSPECTION
AND INVESTIGATION.
THIS COMPANY WILL REQUIRE THAT A FULL COPY OF ANY UNRECORDED
AGREEMENT, CONTRACT OR LEASE BE SUBMITTED TO US, TOGETHER WITH ALL
SUPPLEMENTS, ASSIGNMENTS AND AMENDMENTS, BEFORE ISSUING ANY POLICY OF
TITLE INSURANCE .
5 . ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART
CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN
INSPECTION OF THE SURFACE OF SAID LAND .
6. WATER RIGHTS, CLAIMS OR TITLE TO WATER .
. .
SCHEDULE B PAGE /�
CONTINUED ' '
` ORDER NO . AL173707
_
� NOTE NO . 1 : THERE ARE NO CONVEYANCES AFFECTING SAID LAND, RECORDED WITHIN
(
TWO .2) YEARS OF THE . DATE OF THIS REPORT.
`
/ �
�
| NOTE NO . : THE CHARGE FOR A POLICY OF TITLE INSURANCE, WHEN ISSUED
THROUGH fuI3 TITLE ORDER, WILL BE BASED ON THE BASIC (NOT -SHORT-TERM) TITLE
� INSURANCE RATE ` '
-
NOTE NO . 3 : GRANT DEEDS DESCRIBING SAID LAND WILL BE SUBJECT TO A �10^D0
FEE FOR SURVEY MONUMENT PRESERVATION FUND AT TIME OF RECORDING` ' -- --
NOTE NO. 4: ON OR AFTER JULY 1 ^ 1985^ THE COUNTY RECORDER ' S OFFICE ILL
^ -
CHARGE, IN ADDITION TO THE REGULAR RECORDING CHARGES AN EXTRA �- - O' /
�u_.V \
RECORDING FEE, UNLESS A DOCUMENT EVIDENCING A CHANGE OF OWNERSHIP IS ACCOM-
PANIED BY A it PRELIMINARY CHANGE OF OWNERSHIP REPORT. " IN LIEU OF SAID
REPORT, SIGNED BY THE TRANSFEREE, THE RECORDER WILL NOT CHARGE AN EXTRA FEE �
IF THE DOCUMENT IS ACCOMPANIED BY AN AFFIDAVIT SIGNED BY THE TRAN,SFEREE �
' THAT THE TRANSFEREE IS IN FACT NOT A RESIDENT OF CALIFORNIA. OUR TITLE �
. BILLING WILL BE ADJUSTED TO INCLUDE SUCH ADDITIONAL FEES WHEN APPLICABLE .
�
.� �
�
NOTE NO . 5 : PURSUANT TO THE TAX REFORM ACT OF 1 �A�^ AN ESCROW AGENT MUST �
REPORT TO THE INTERNAL REVENUE SERVICE THE GROSS ~~ PROCEEDS~~�LE3 PRO ( SALE PRI-
CE) FOR EACH REAL ESTATE TRANSFER HANDLED. `
FAILURE TO PROVIDE A CORRECT TAX I .D . NUMBER (3OI� IAL SECURITY NUMBER ) WILL
DELAY CLOSING, AND MAY REQUIRE 70% (OF SALES PRICE ) FEDERAL INCOME TAX
WITHHOLDING.
NOTE NO . 6 : THE COMPANY MAY MAKE OTHER REQUIREMENTS OR EXCEPTIONS UPON ITS
REVIEW OF THE PROPOSED DOCUMENTS CREATING THE ESTATE OR INTEREST TO BE
INSURED OR OTHERWISE ASCERTAINING DETAILS OF THE TRANSACTION .
NOTE NO . 7: THIS COMPANY WILL REQUIRE THAT AN OWNERS DECLARATION BE
COMPLETED AND EXECUTED BY ALL RECORD OWNERS OF SAID LAND BEFORE ISSUING ANY
POLICY OF TITLE INSURANCE . PLEASE CONTACT THIS COMPANY PRIOR TO CLOSING
FOR THE PROPER FORM TO BE COMPLETED.
NOTE NO. Q : FOR INFORMATION PURPOSES, ATTENTION IS DIRECTED TO THE FACT
� THAT THE PROPERTY DOES NOT APPEAR TO ABUT A PUBLIC ROAD OR HIGHWAY NOR TO
� BE SERVED BY ANY RIGHT OF NAY OR EASEMENT OVER ADJOINING OR ADJACENT PRO-
PERTY TO ANY SUCH PUBLIC ROAD OR HIGHWAY. �
�
NOTE NO . 9 : PROPERTY TAXES FOR THE PRORATION PURPOSES THEAMOUNTS ARE : FISCAL YEAR SHOWN BELOW ARE PAID ` FOR
� FISCAL YEAR 1 �A� - 1q
� �~°^ ^^
� 90
8T INSTALLMENT : $ O~bR
2ND INSTALLMENT : $590.48
LAND: $111 ^426,00
IMPROVEMENTS : NONE SHOWN
H/O EXEMPTION : NONE SHOWN �
CODE AREA: 80008
ASSESSMENT NO , : ��R-�1 -01 �
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D.T. 0/26/90
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This map is furnished without liability
as to the accuracy, and its sole purpuse
is for the convecience of !ocation of
Me property in question.
CONTINENTAL LAWYERS TITLE
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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-120
(Meeting 90-30
December 12 , 1990)
REPORT
December 6 , 1990
TO: Board of Directors
FROM: C . Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager;
J. Escobar , Operations
Supervisor
SUBJECT: Authorization to Fill Ranger Position
Recommended Action: Authorize staff to fill the additional
ranger position funded in the 1990-1991 budget .
Introduction: At your March 28 , 1990 meeting, you adopted the
budget for fiscal year 1990-1991 (see report R-90-48 dated March
19 , 1990 , and attached pages 6 and 7 from the March 28 , 1990
minutes ) . You approved funding for an additional ranger position
and requested that staff return within three months with a
recommendation on whether to fill the position if a qualified
candidate was available . The conference demands on staff , as
well as the filling of other positions within the operations
program, have resulted in a delay in returning to you. Following
the recent resignation of ranger Theresa Wolowic , an additional
review of potential candidates was needed before staff could
return with a recommendation.
Discussion: The impact to the 1990-1991 budget , because of the
delay in filling this position, should not exceed $5 , 000 . You
recently authorized the transfer of salaries and benefits funds
for partial offset on the dump truck purchase . In addition, you
will recall that funding for a full ranger position was pared
from the 1990-1991 budget as an offset to previous budget years
underspending. In any case , funds are available for this
position for the anticipated final three months in fiscal year
1990-1991 . This additional position will , however , increase
staffing costs for succeeding years ' budgets .
During preparation of the 1990-1991 fiscal year budget , staff
placed this additional ranger position on the list of high
priority contingency items . The recommendation at that time was
based on several factors that have not changed significantly over
the past six months . Those factors and other additional reasons
for hiring the ranger now are as follows :
R-90-120 Page 2
1 . Impact of the Equi ment Mechanic-Operator
It was anticipated that by hiring an equipment mechanic-operator
additional ranger time would be available for patrol duties .
Since the hiring of the equipment mechanic-operator in late July,
operation of heavy equipment by rangers has decreased, which has
resulted in an increase of available patrol hours. However,
rangers continue to rotate into crew assignments to learn and
improve their maintenance skills . The mechanic position has
helped free up more open space technician time for maintenance
projects than ranger patrol time.
2 . Visitor CoMpliance with Use Regulations
The field staff reports significant increases in violations
related to trail use closures and after hours use. Substantial
bicycle use is evident on a number of closed trails . Field staff
members receive numerous complaints from visitors regarding the
level of compliance with trail closures . A greater ranger
presence is needed on sites to monitor trails and control after-
hours use.
3 . Visitor Improvements
Management of visitor improvements now complete at Skyline Ridge,
Russian Ridge, Thornewood, and Ravenswood Open Space Preserves
places greater demands on the ranger staff . Visitor contacts at
Skyline Ridge have increased, particularly those associated with
vehicle use of the parking lots and use of the whole access
trails . It is anticipated that installation of the floating
piers in both reservoirs and the opening of the nature center
will also increase the demand for patrol in the area. The
Skyline Ridge Master Plan recommends the equivalent of three
rangers to manage the preserve once the improvements are
completed. Improvements at Thornewood and Ravenswood Open Space
Preserves have not yet generated a substantial increase in
patrol . However, problems associated with opening and closing
the gates in both of these areas is still unresolved and
solutions will have some impact on field staff levels.
4 . Continuing Active Acquisition uisition Program
.. _
District lands south of Highway 17 have increased by 5, 000 acres
over the last five years, and now exceed 8 , 000 acres . Ranger
presence in the area typically does not exceed 25 hours per week.
The sheriff patrol only focuses on the Hicks Road-Mt. Umunhum
Road area. On weekends , if one ranger is out sick or on
vacation, the Sierra Azul area receives very little patrol .
R-90-120 Page 3
Other acquisitions , such as the McDonald Ranch, continue to
expand patrol beat areas. This takes patrol time away from more
established and well-used preserves .
5. Increased Bicycle Accidents and Other Trail Related Incidents
Rangers have responded to three times the number of bicycle
accidents on District land this year than last year. New
guidelines for reporting and investigating accidents are much
more time consuming. Follow up reports are routinely taking
rangers away from patrol duties as the District requires more
information from victims and witnesses .
6 . S_�ervjs�ing_Rangers as Patrol Rangers
Although the supervising ranger position was initially designed
to remain in the patrol schedule, other duties regularly preempt
patrol time . Patrol time lost by supervising rangers to other
responsibilities closely approximate one ranger position. Work
logs show that currently eighty percent of the patrol supervising
rangers ' time is now needed to complete administrative and
personnel related duties .
7 . Timing of Ranger Hiring
Rangers hired now can be fully trained for the busy spring
season. Ranger law enforcement academy training begins in late
February. The additional ranger could attend the academy with
other rangers recently hired. Attending the academy with a ranger
from the same organization creates an opportunity for positive
interaction. The academy encourages the rangers to take the
opportunity to learn how to work together by teaming up whenever
possible.
The filling of the additional ranger position funded in the 1990-
1991 budget will contribute to alleviating some of the
deficiencies outlined in this report . Following the completion
of the District ' s "Strategic Plan for the 1990 ' s" , the operations
program will need to address long-term patrol ranger and other
field staffing needs in the form of a new five-year staffing
plan. For your information, a current field staff organizational
chart is attached. The filling of the second ranger position
will bring the number of rangers, excluding senior rangers and
supervising rangers , to eleven.
R-90-120 Page 4
Crew
Senior Ranger G
Technician b
rD
n
C
Technician �' c
m o
Technician
I rt
(Seasonal) n
--Equipment (D
Mechanic- 0
0
Operator n
a.
n N.
Rotating Ranger £ w
(from pat ro n
0
n
H
Senior Ranger d
Ranger ,ti .d y
m rD y
Technician Ranger c w z
(Vacant) �' ��, O
� °v 8 z
a
Technician
b >
ov (D %.0 y
ri C O H
�• z
.. CO y
Technician ftj Ranger °o 0 r
(Seasonal)
n
Technician �
Ranger t) y
(Seasonal) o
r
( Proposed
Ranger Position
' rt
c�
0
0
Senior Ranger
� N•
G G
Ranger n
Technician °
Ranger
r•
Technician
Ranger
Technician Ranger (D
n
Ranger
x
N•
�o
Meeting 90-08 Page six
in-conditions , volunteer accident, and
fidelity bond insurance coverage bid
totalling $129 , 468 from Flinn, Gray &
Herterich based-on the quotations shown on
Exhibit A from CIGNA, American
Surplus , Insurance Company of North America
(INA) , and Chubb for the period of April 1 ,
1990 through March 31 , 1991 . R. McKibbin
seconded the Motion. The motion passed 5 to
0 .
E. Adoption -of Budget for Fiscal Year 1990-1991 (Report R-
90-48 dated March 19 , 1990)
H. Grench said that the major item to be considered
was whether Open Space Management ' s "wish list" items
could be incorporated within the Open Space Management
budget guidelines . He said that based on the motion
passed at the March 14 Board meeting, staff had
reviewed the budget and the budget guidelines to
determine if an additional ranger Position and items on
the project equipment priority list could be added into
the budget. He said that combined guidelines 6 and 7
would be exceeded by the inclusion of additional items .
H. Grench said that a distinction should be made
between including an additional ranger Position in the
budget and authorizing the filling of that Position.
Discussion centered on the desirability of budgeting
for a second ranger Position.
N. Hanko said that the budget guidelines should reflect
actual expenditure and that the Budget Committee might
consider recommending amendment of the guidelines . R.
Bishop suggested that the Board budget sufficient funds
to provide for an additional ranger Position and that
staff return to the Board in three months when the
first budgeted ranger Position is filled and request
filling the second ranger Position if needed.
R. McKibbin said that field staff was facing a heavy
workload in the 1990-1991 fiscal year and under Policy
6 of the budget guidelines , many "wish list" items
could be budgeted for at this time. He said that he
recommended funding all items on the list.
Motion: R. Bishop moved that the Board budget funds
for an additional ranger Position ($26, 700)
and request staff to return to the Board in
three months with a recommendation of whether
to fill the Position. K. Duffy seconded the
motion.
Motion to Amend: B. Crowder moved that the Board
Meeting 90-08 Page seven
include funding for the ranger yard
improvements over a two-year
period. There was no second to the
Motion to Amend.
Discussion: K. Duffy said that she would
support the original motion,but felt that the
budgeted field staff additions were
sufficient, and that the budget should be
left as recommended. The motion passed 5 to
0.
Motion: R. Bishop moved that the question of items on
the "wish list" be referred to the Budget
Committee to make recommendations concerning
funding. R. McKibbin seconded the motion.
The motion passed 5 to 0 .
Motion: R. Bishop moved that the Board adopt
Resolution 90-16, a Resolution of the Board
of Directors of the Midpeninsula 'Regional
Open Space District Adopting the Budget for
Fiscal Year 1990-1991 as amended and direct
staff to incorporate into the 1990-1991
Action Plan any staffing resource changes or
additional Action Plan items resulting from
discussion and approval of the 1990-1991
fiscal year budget. B . Crowder seconded the
motion. The motion passed 5 to 0 .
F. Adoption of the Action Plan for the Implementation of
the Basic Policy of the Midpeninsula Regional Open
Space District for 1990-1991 Fiscal Year (Report R-90-
42 dated March 19 , 1990)
Motion: N. Hanko moved that the Board adopt the
revised Action Plan for the Implementation of
the Basic Policy of the Midpeninsula Regional
Open Space District for the 1990-1991 Fiscal
year as amended. R. Bishop seconded the
motion. The motion passed 5 to 0 .
G. Annual Claims List for Fiscal Year 1990-1991 (Report R-
90-43 dated March 19, 1990)
Motion: B. Crowder moved that the Board approved the
annual claims list, including debt service
payments , for the 1990-1991 fiscal year. R.
McKibbin seconded the motion. The motion
passed 5 to 0.
H. Final Adoption of the Preliminary Use and Management
Plan for the Schwabacher and Rosenberg Property
Addition to Monte Bello Oven Space Preserve (Report R-
90-39 dated March - 20, 1990)
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-149
(Meeting 90-30
December 12, 1990)
REPORT
December 3, 1990
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: M. Hale, Public Communications
Coordinator
SUBJECT: Proposed Process for Completion of District ' s
Coordinated Graphic Design Program
Recommended Action: Adopt the five-point plan described in this
report to complete the District ' s coordinated graphic design
program.
Introduction: At your May 24, 1990 meeting, you requested staff
to return with recommendations for a process to facilitate
completion of the District's graphic design program for
implementation on District vehicles, on District preserve signs ,
on the shoulder patches of District field staff uniforms , etc .
It was agreed that these recommendations would be presented to
the Board after the 1990 International Open Space Conference ,
Because of the subjective nature of this project, staff would
like the Board' s direction after a review of the five
recommendations made in this report.
Reasons for embarking into a coordinated design program in the
first place for all District printed and non-printed uses can be
summarized as follows:
1. Members of the District' s field staff felt that the original
logo design, which resembled a marijuana leaf to some
people, on their trucks, badges and shoulder patches , led to
derogatory remarks and undermined the respect they felt was
necessary to inform the public and enforce District
regulations .
2 . The original design did not convey "open space" and the
District ' s role in its preservation to the general public, a
concept that the District was working hard to explain and
promote.
R-90-30 Page two
3 . In spite of 16 years of use, apparently only a tiny
percentage of the general public connected the logo with the
District.
4. There were technical difficulties in clear reproduction and
representation of the logo.
Discussion: Described below is a five-point plan proposed to
complete the District ' s design program for implementation on
recognition pins, District vehicles , District signs, uniform
patches , and other specialized needs for District identification.
1. Staff will present design concept specifications for Board
approval to be sure that there is Board consensus as to its
objectives for logo development and to approve the procedure
by which design concepts will be solicited.
Suggested is a workshop or other special Board meeting
during fiscal year 1991-1992 to allow preparation time
for materials to be provided before the meeting. A
single-agenda meeting will facilitate discussion on
this complex and subjective project.
Prior to the meeting, you will receive a packet of
materials , including technical specifications , cost
estimates , photos of current design uses by the
District, proposed payment structure for design
concepts , research data, and options for the
development of the logo.
Since we are now implementing Board-approved design for
District printed materials , it is our plan to request
all designers bidding on this project to develop a logo
concept using elements of the design now being used on
all our printed materials . Particular attention would
be focused on a design suitable for use on the shoulder
patches for field staff uniforms , District vehicle
decals, recognition pins, and District signs . The
specifications would also invite designers to submit
proposals based on new concepts .
2. A request for design concept proposals (RFP) will be
prepared, based on Board-approved specifications .
The RFP would be very detailed, including exactly what
is expected of the designer, quality standards, fees
and payments, deadline for submission of proposals ,
what phase of the work the designer would be expected
to do, statements concerning ownership of designs at
various stages of development, provision for subletting
of work to contractors for implementation, fees for
supervision of implementation, photos of current design
use on all District sites and in printed materials ,
etc. Board decisions made during the meeting outlined
R-90-30 Page three
in item No. 1 above would be the source of most
provisions of the RFP.
3. Staff will review all design concept proposals to ascertain
that they meet the specifications .
4 . Those design concept proposals meeting the specifications
will be presented to the Board to determine which design
should be approved for further development.
5. Staff will negotiate a contract with the designer whose
concept is approved by the Board. The contract will be
submitted for Board approval before implementation begins .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-146
(Meeting 90-30
December 12 , 1990)
REPORT
November 29, 1990
TO: Board of Directors
FROM: C . Britton, Assistant General Manager
SUBJECT: Continuation of 1990-1991 Mid-Fear Program Evaluation
Discussion
At your November 28 regular meeting, you voted to continue your
discussion of the 1990-1991 mid-year program evaluation material
(see report R-90-131 dated November 14 , 1990) .
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 . Phone: (415) 949-5500 ® FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
2
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-148
(Meeting 90-30
December 12 , 1990)
REPORT
December 3 , 1990
TO: Board of Directors
FROM: C . Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager
SUBJECT: Final Adoption of the Preliminary Use and Management
Plan for the Pang Property addition to Cathedral Oaks
Area of Sierra Azul Open Space Preserve .
Recommended Actions :
1 . Adopt the Preliminary Use and Management Plan for the Pang
property addition to the Cathedral Oaks Area of Sierra Azul
Open Space Preserve , including the naming, as contained in
report R-90-96 .
2 . Indicate your intention to withhold the property from
dedication as public open space at this time .
Discussion: At your August 22 , 1990 meeting, you approved the
acquisition of the 25-acre Pong property addition to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve (see
report R-90-96 dated August 8 , 1990) . You also tentatively
adopted the Preliminary Use and Management Plan for the addition,
including naming the property as an addition to the Cathedral
Oaks Area of Sierra Azul Open Space Preserve , and indicated your
intention to withhold the property 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 property closed on
November 28 , 1990 . Staff has received no further public comment .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-90-150
(Meeting 90-30
December 12, 1990)
REPORT
December 5, 1990
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
PREPARED BY: J. Fiddes, District Clerk
SUBJECT: Appointment of Directors to Wards 1, 2, 5, and 6
Recommendation: Adopt the attached Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District
Appointing Katherine (Kay) Duffy, Robert (Bob) McKibbin, Nonette G.
Hanko, and Elizabeth (Betsy) Crowder to the Office of Director for
Ward 1, 2, 5, and 6 Respectively.
Discussion: The official results of the November 6, 1990 election
have been received from the registrar of voters in Santa Clara and
San Mateo Counties and are as follows:
Votes Cast
Ward 1 Katherine (Kay) Duffy 20, 183
Ward 2 Robert (Bob) McKibbin 17 , 424
Ward 5 Nonette G. Hanko
(Santa Clara County) 15, 215
(San Mateo County) 911
Ward 6 Elizabeth (Betsy) Crowder 14 , 147
All candidates were unopposed on the November 6 ballot.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPOINTING KATHERINE (KAY) DUFFY, ROBERT (BOB)
MCKIBBIN, NONETTE G. HANKO, AND ELIZABETH
(BETSY) CROWDER TO THE OFFICE OF DIRECTOR FOR
WARD 1, 2, 5 AND 6 RESPECTIVELY
WHEREAS, Katherine (Kay) Duffy, Robert (Bob) McKibbin, Nonette
G. Hanko, and Elizabeth (Betsy) Crowder were unopposed candidates
nominated to the elective office of Director at the Midpeninsula
Regional Open Space District for Ward 1, 2 , 5, and 6 respectively;
and
WHEREAS, votes cast at the General Election held on November
6, 1990 for these candidates are as follows:
Katherine (Kay) Duffy Ward 1 20,183 Votes Cast
Robert (Bob) McKibbin Ward 2 17, 424 Votes Cast
Nonette G. Hanko Ward 5 16, 126 Votes Cast
Elizabeth (Betsy) Crowder Ward 6 14, 147 Votes Cast
NOW, THEREFORE, the Board of Directors of the Midpeninsula
Regional Open Space District does accept the election results
included herein and does declare duly elected Katherine (Kay) Duffy
to the office of Director for Ward 1; Robert (Bob) McKibbin to the
office of Director for Ward 2; Nonette G. Hanko to the office of
Director for Ward 5; and Elizabeth (Betsy) Crowder to the office of
Director for Ward 6 at the Midpeninsula Regional Open Space
District and they shall take office effective January 7 , 1991 .
f
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
DATE: December 12, 1990
SUBJECT: F. Y. I .
often growth inducing and lead to a diminished quality. I think
that it would be better to have some restrictions on the use of
the power, as was done in the Santa Clara County Open Space
Authority legislation, than to have it banned altogether.
Funding: A bond measure to raise an initial chunk of acquisition
money along with an ongoing parcel tax is an excellent idea,
although the bond measure presumably requires a two-thirds vote .
The board of directors of a regional park and open space
district, such as ours , formed pursuant to Public Resources Code
Section 5500 et seg. has limited borrowing authority without a
vote by the public, but with debt to be repaid using regular
revenue (no additional tax) . Land owner financed purchases have
the additional advantage of offering a tax-free interest
incentive. This tool has been the primary reason our District
has been able to acquire some 33, 000 acres of open space before
the land has been lost to development or become too expensive to
buy. We have used public and private note issues and installment
purchases pursuant to the authority granted. Such limited
borrowing power should be made available to the authority whether
or not
a bond measure is proposed.
Operations : The first paragraph on page 31 says that "the
authority should be mandated to make maximum use of the
management and maintenance capabilities of existing agencies
through service contract arrangements. " The word "mandated"
sounds too strong to me; "encouraged" seems better. The
management and maintenance philosophy of the authority may turn
out to be different than that of the other agencies, or costs may
be higher through contractual arrangements . We do have
cooperative patrol arrangements with both Santa Clara and San
Mateo County parks departments but only in cases of mutual
benefit.
Sincerely,
Herbert Grench
General Manager
HG:dmz
Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
November 28 , 1990
Walter Kieser, Program Manager
Economic and Planning Systems , Inc.
717 K Street - Suite 501
Sacramento, CA 95814
Dear Walter:
I appreciated receiving Mr. Abbott ' s memo with the draft report
of the IOSC and being
invited to comment. I think it
is
an
excellent report and feel ratified
g to have bee
n even a small
part of its making because of my service on a panel the
Commission convened. I shall focus my comments on the fallowing
four areas : gover
nance of
the
proposed authority,
t y
, use of eminent
domain, funding, and operations. These matters must have been
well debated by the Commission, which understands far better than
I the conditions that must be met to gain wide public support in
Sacramento County. Nonetheless , I ' ll offer some ideas based upon
our own experience.
1 . Governance: The Midpeninsula Regional Open Space District
has a seven-member Board of Directors elected by wards of equal
population
latio n within
th
e Dis
trict and accountable to the voters .
The East Bay Regional Park District and the Monterey Peninsula
Regional 'Bay
District are similarly governed. Since they do not
serve on city councils or boards of supervisors , my Board members
are able to devote their full attention to
n o e space
ce matter
s
rs
P
without being sidetracked by important competing demands. This
structure has been particularly important during these formative
years when a host of Pofl cY and operations
ratio ns issues have
had to be
resolved.
2 . Eminent domain: An agency' s power of eminent domain can have
important tax advantages to a potential seller of property if the
P Y
owner sells under threat of condemnation and may make the
difference in willingness to sell or lead to a lower selling
Price
• Also
, an owne
r ma
y be quit
e wil
ling to sell his property
but feels he will get a better price {which is a debatable point}
if the formal condemnation mechanism is used.
Finally, as the authority acquires land there will inevitably be
those key parcels that should be acquired to connect or round out
open space areas, or where the threat of imminent development
would be of severe impact on natural resources or existing public
investment. My own belief is that the enhancement to the quality
of life that open space provides is at least as important a use
of eminent domain as its use for roads and utilities , which are
I
often growth inducing and lead to a diminished quality. I think
that it would be better to have some restrictions on the use of
the power, as was done in the Santa Clara County Open Space
Authority legislation, than to have it banned altogether.
Funding: A bond measure to raise an initial chunk of acquisition
money along with an ongoing parcel tax is an excellent idea,
although the bond measure presumably requires a two-thirds vote .
The board of directors of a regional park and open space
district, such as ours , formed pursuant to Public Resources Code
Section 5500 et seg. has limited borrowing authority without a
vote by the public, but with debt to be repaid using regular
revenue (no additional tax) . Land owner financed purchases have
the additional advantage of offering a tax-free interest
incentive. This tool has been the primary reason our District
has been able to acquire some 33, 000 acres of open spate before
the land has been lost to development or become too expensive to
buy. We have used public and private note issues and installment
purchases pursuant to the authority granted. Such limited
borrowing power should be made available to the authority whether
or not a bond measure is proposed.
Operations : The first paragraph on page 31 says that "the
authority should be mandated to make maximum use of the
management and maintenance capabilities of existing agencies
through service contract arrangements . " The word "mandated"
sounds too strong to me; "encouraged" seems better . The
management and maintenance philosophy of the authority may turn
out to .be different than that of the other agencies , or costs may
be higher through contractual arrangements . We do have
cooperative patrol arrangements with both Santa Clara and San
Mateo County parks departments but only in cases of mutual
benefit.
Sincerely,
-6�
Herbert Grench
General Manager
HG.dmz
R!!atlttttrt!!!!t!lRRRkR**t!lttttt!!!sxlttttttt!ltRRRRRRRRRRRRRR*R!*R!lRRtttRltttttt '
The a�ramenee, Page L Novembero2L, 1 1990 Page of
RRRRRR!!lRRRRkRRkRkRkkkRRRlRlRRRRRkRRRRRRlRRRRRRRkRRRRkRRRRRRRRRRRRkkRlRRR!!!R!t
p" funded by a"county wide parcel tax
en-space stuay which would be included as part of a
legislative proposal submitted to vot.
y 4 general
and"an Open Space Bond Act,a
urges new agency general-obligation-bond requiring
two.thirds voter approval.`_
to p jrch fise Ian(�: The parcel tax would be no more
(,� W. than$24 per household..;.;. . ,
s B}'Richard Abrams _ Perhaps the most unusual twist in
Bee Staff Writer thft r report deals with one of its major
recommendations. 'T'hG,authority
It's a large,bureaucratic-sounding;governmental nipn• should have the ,full range of power
iker for the preservation of something as pristine andun needed to acquire'and hold open-
cluttered as
nature:the Interim Open Space Commission, space land; however, the IOSC does
. -
, , s
or IOSC. not recommend thee-authori have
The commission,appointed by the Sacramento County the power of eminent domainn
Board of Supervisors,recently recommended'creation of Gene Andal,director of the Sacra
another governmental organization: a regional Open
Space Authority. "''� � = ��-' ;- � mento County Parks and JZecreation
AnAuthority.
attempt to protect Sacramento County's dwindling Department,whose-staff assisted the
P t o Space dwindling
IOSC, said the decision against emi-
o n lands from development,the Open pa , Authority
would have the power to acquire, transfer and manage Went domain was partially in re-
open lands — and would have a governing board of elect- sponse to farmers'concerns.
ed officials and appointed citizens representing specific 'The agricultural community was
interest groups, i ' ' very concerned ilbout the right of
But none of this can be accomplished without the ap condemnation,"Andal said. "They
proval of the Board of Supervisors, which created the felt that the authority should deal
Approval could happen as earl as mid- with willing sellers and land-
January, A t that la d
IOSC in 198 aPPe Y g
PP
January, or the concept could be snagged to debate for owners should not feel intimidated or
months - threatened in•any.'way in 'terms of
The IOSC reported after a year of meetings and studies r-Stavin iherr roe ~t. g p .,p rty takes from
that -farmers and ranchers adjacent to subdivisions.are � thern.".
increasingly hind
ered in farming and ranching practices ! is
by the pro-ximit to housing developments' and that
P y. g P a] said some of the lands
land-use regulation, "by itself,-has proven inadequate to ; under consid'ration.are.psarshland,
preserve agriculture." : wetland or oakgmvgs owned by de-
The IOSC recommended "To maintain the regiion's :velopers and rot udder2tineat of resi-
current diversity of plant and animal species,open-space dential developmenL z ,-,.
land must be acquired and managed as green belts,buff- __ - �71 • "
er zones and conservation preserves.'This would be su- 'The next step will be a meeting of
pervised by the Open Space Authority. k the oommissro+n art Dec'13th then
The IOSC report suggested that the authority could be ; the presentation to the Board of Su-
pervisors in mid-January,' Andal
said. "We don't real iy.know what
kind of reaction we're going to get
from the board." w_. ....�...,._.....__
y
t
The Sacraments Ato, Page Novemh. , 1990 page of
-* The Board of Supervisors should
Tax
�� h� mmediate action to preserve
prime farmland, valuable natural re-
sources and wildlife areas and critical
o,,.areas as permanent open space.
Supervisors should ado t a ener-
nbuy
'�) P gto °~" al lan with a stron orientation tou+ard
P g
preserving Pe Pa
reservin open space land.
own Spa% • A regional Open Space Authority
ought to be created to facilitate the
acquisition, transfer and management
f LAWRENCE C. IRBY By of open space lands in the Sacramento '
SA.'MMENTO WON STAFF WRtTER '.region.
A county advisory commission is 0 The. authority ought to (receive
Proposes a $24-per-parcel tax plus gen-
eral obligation bond to prevent devel- funding . primarily from two
opment of open space near Sacramento. sources: a countywide, ma#ori-
Farms would be exempt from the ty-approved parcel 'tax sub- He would oppose an attempt
tax plan. However, single-family resi- mitted 'to the voters and an . tQ- dip Into the county s budget
dential, apartments, commercial and Open Space Bond Act — a gen- to fund open space.
industrial properties would be taxed. eral obligation bond requiring But the supervisor things it
The proposal by the Interim Open two-thirds voter approval. would b6 ideal if voters are will.
Space Commission, a body appointed • A non-profit Land Trust ing to tax themselves for it.
by the Board of Supervisors, won't go should be created to facilitate "I support it if the public
unchallenged. the timely and economical pur- supports it, I support the os.
"We will fight that tax," said anti- chase of open space land.- The ophy of buying land now to
taz crusader Ted Costa of People's .Land Trust is needed to offer serve it for future generations.
Advocate Inc. "They will have formida- creative financial incentives It's very expensive," said Mr.
ble opposition. Ill form a committee and act efficiently in a compet- Str
and oppose this because a property tax itive market. . ,_
is an unfair tax. It's an end run around The Board of Supervisors Read my lippss'" said board
Pe Chairman Grantland Johnson.
Proposition 13. backs the purchase and preser- Supervisor Ill& Collin said a
"They have plenty of open space vation of open space. But it proposed prop, should
without this. wobbles a bit on the tax issue. not be ted to buying open
"Taxpayers in this state and in this o. Read m
pa. Read my lips N y
country are already overburdened way hips," said Supervisor Sandra space, but combined with cuttu--
pay," Mr. Costa R. Smoley, igniting laughter ral needs to bring together "the
beyond their means to whole community,"she said.
toldHe The
then ounty_take money uty clerks of the board.her secretaries and dep "We're growing at an alarm-'
from its pension plan to finance open "I like the preservation of Ing rate,"said Mrs. Collin, "and"
space. as we grow, we're going to neat`
"This county is putting.people on open space, but I would hesitate these areas so we don't feel soi
stress disabilities, tax-free pensions and on any kind of parcel tax that crowded in on each other."
who pays for it? The taxpayers pay for wasn't voted on," said Supervi- Sbe does not believe the coca '
it. We don't need new taxe$," said Mr. sor'Smoley, mission's call for the preserve
Costa. i = 'Supervisor Toby Johnson an tion of open spaces is a no--
Bob Shattuck of the Building.Indus- Elk Grove farmer whose spra. growth Issue.
w ' 5th District includes such "You can des'
. try Association of Superior California � areas and have really g�1
rural areas as Slo
said the BIA does not have an%official ughhouse and growth and at
Portions of the Sacramento-San the same time have o
stance on the proposal. Po pen space.-
But Mr.Shattuck told The Union, he. Joaquin Delta, believes open So, I don't think it's a no-growth
believes the building industry can sup- space-preservation "is essential �Issue,"Supervisor Collin said. -
port the acquisition and preservation of for future generations."
He noted, however, that mostoP open — particularly if taxpayers
vote for iL bond propositions, Including one
r
r
for arks we
re re
"In no way, shape or form is this a parks, rejected b the
Pe j Y •
threat to growth,"said Mr. Shattuck. states voters on Nov. 6.
I have no objection"They're not going the whole ection to'going.y to buy j g
g a Y to a vote and le e
damn county. We have to have some ,. letting the people
decide whe
ther or not the w o space" in the community. To the ,, ant
degree we need to do that, broad-based ;; it,"Mr, Johnson said, y _
I
sources of financing for it is the proper t s a hard sell (to voters),
wai to go. said Supervisor Jim Streng, who
' 'We'd certainly support it going to also supports the call for a $24-
'- the voters,"Mr.Shattuck said. per-parcel,tax to pay off general
The commission's call for a $24 per obligation bonds to preserve
parcel tax is one of the five following ; open.space
recommendations that could reach the
Board of Supervisors:_._: :._:. w.
Sacramento County
Interim Open Space Commission
Jay Abbott,Chair
Gerald Schuartz, MEMORANDUM
Vice Chair
John Baranek
Keith Bray
Sandra Goode-Riedel Date. November 13,19%
Michael Gunby
Beth Ikemire To: Interested Parties
Philip Lord
Warren Quann From Jay Abbott,Chair
Jay Schneider
Sherron Scripa Subject: Public Review Draft—IOSC Recommendations
10 Smith
Mark Stopher
Arthur White
Stanley Van Vleck The enclosed draft report describes the Interim Open Space Commission's
recommendations to the Board of Supervisors regarding the preservation and
Alternates:Lori Anderson maintenance of open space in Sacramento County.
Thomas Barandas
William Geyer It is being sent to you for your review. We welcome your input and encourage
Sally Hearne you to submit your comments IN WRITING to:
Steve Niles
Kim Nystrom Economic and Planning Systems,Inc.
Gene Robinson 717 K Street,Suite 501
Dave Painter Sacramento,CA 95814
Peter Struflinegger ((916)444-2360.
The deadline for comments is MONDAY,DECEMBER 3,1990,AT 5 P.M.
All remarks received will be submitted to the Board along with the final report.
This report is also available for public review at all Sacramento Public Libraries.
Administrative Consultant. Economic and Planning Systems,717 K St.,Suite 501,(916)444-2360
County Administrative Agency;- Dept.of Parks&Recreation,(916)366-2061
Open Space
December 10, 1990
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Ms. Leode Franklin, Director
Department of Planning and Development
County Government Center, East Wing
70 West Hedding Street
San Jose, California 95110
Dear Ms. Franklin,
Over the past 12 years, Midpeninsula Regional Open Space District and the City
of Mountain View have jointly sponsored an environmental education program at
the Rancho San Antonio Open Space Preserve near Los Altos. Recently, the
District and City have undertaken a joint project to save the original homestead
cabin which is located adjacent to a group of buildings leased by the City. A
permit application with plans and specifications was submitted to the County
Planning Department in July. The application was deferred by your staff when
it was discovered there is no record of a conditional use permit for these
buildings.
The District acquired Rancho San Antonio in 1976 and entered into a
cooperative agreement with the City of Mountain View in 1978. Since that time
the City has operated a facility in the interior of the preserve known as Deer
Hollow Farm. The City's program has served thousands of school children and
adults in Santa Clara County. Deer Hollow Farm is comprised of a number of
historical farm buildings of the original Grant Ranch, which are used both for
operations and interpretation. On a number of occasions the City has taken out
building permits to rehabilitate some of these structures.
The District and City wish to comply with County regulations. However, since
there are no proposed changes to the existing program, a conditional use permit
application will be completely ex post facto. Given these unusual circumstances,
with educational programs in progress and a historic structure close to collapse,
we would like to expedite the process as quickly as possible. We would like to
request a meeting with appropriate county staff representatives to discuss how
we can resolve this matter in a timely fashion.
We would appreciate any assistance you can offer.
Si erely,
$Daid Wm. Hansen, Land Manager,
M'idpeninsula Regional Open Space District
Paula Bettencourt, Director of Recreation,
City of Mountain View
e
cc: Angelo Frosolone, Mayor of Mountain View
Supervisor D. McKenna, County of Santa Clara
Director R. McKibbin, MROSD
H. Grench, General Manager, MROSD
D. Shaeffer, City of Mountain View Recreation Dept.
For immediate L,;tease Monday,July 23, 1990
Contact: John B. Dewitt, Executive Director
Save"the-Redwoods League
114 SANSOME STREET,ROOM 605,SAN FRANCISCO,CALIFORNIA 94104
U) YE E RS I* TELEPHONE(415) 362-2352
AR
,sis-issu p
cr"E lik Old-Growth Redwoods Added to Purisima Creek Preserve
OFFICERS
BRUCE S.H(IWARD,President
R.A.1..MENZIES', Vice President
RicHARDM.LFONARD,uChair ;n,,rrues The Save-the-Redwoods League and the Midpeninsula Regional Open
WILLIAM P.WENTWOR'ru,7r,a'ur,
JOHN ll.DEW11 ,Secretary and Space District have purchased 34 acres for addition to the Purisima
E.xecutice Director
Creek Redwoods Open Space Preserve in San Mateo County, California.
ROBERT W.JASPERS(IN,General Counsel
COUNCIL
COWARD NDERTLEYALLi;N The property is in the upper watershed of Soda Creek and contains a
C.ARL A.ANDE,RNON
liIRS.Gun eoRn C.BAutx,(-K
GE(nix E BRCMSFR,JR. number of large old-growth Redwoods on a steep mountainside above
DYKE BROWN
MRS.RI(=[i UIR B(r,:c
A LIEN L the creek. It lies close to the existing Soda Creek trail. A proposed
.C.FnCKEF.RtNC
N"RM N iN CERtISTEN extension of that trail will provide a new loop trail for hikers who
RonERT E.CONNICK
WILt.IAM A.CROrr wish to view these magnificent trees. The parcel also contains many
CLIARLES F.DAIA
ANA
PETE DANGF.RMOND young Redwoods, mixed evergreen forests, and.coastal chaparral on
MRS.CHARLES DENNY n
'MRS.FRANCIS P.FARQUIIAR the higher slopes.
MILTON M.PRINCKE
ERic R.GERSTUNC.
BEN C.GERVACK,JR.
-MRS.A. GI LIGANGILLETT[! Purisima Redwoods Open Space Preserve lies on the western slope of
JAMES P.G,1.1.1(�AN
RICEIARD N.GOI.DMAN
MRS.WILLIAM G<,ODAN the Santa Cruz Mountains east of Half Moon Bay, California, just one
GILHLRTM.GRONVE.NOR
E R L PnWANS N `R"IIH hour's drive south of San Francisco. Its 2500 acres contain more than
EARL P.�HANNON i
JAR !. .HASKi 13 miles of developed trails, including a "whole access" trail for
CARYI P. iumis1
WILI.IAM KH()nI:S H[RVEY,1R.
BARRY�11 1X R;WAY visitors using baby strollers, wheelchairs, or walkers. The Redwoods
»PAt 1.fit3L�iOWAR." Of Purisima Creek, Whittemore Gulch. and Soda Gulch, along with those
WILLIAM K.EN'11,III ',...
»Rt(.i,ARn M. l.i'.ONAIID of Muir Woods National Monument in Marin County, are the closest
WILLIAMJ. LIBHY .I
NORMAN B. LIVFRMORF JR.
MILS,DoNAI1)11, MCLAU6HIIN stands of native Redwoods to San Francisco. It is remarkable that
•1, N' L.MEN•"N these Redwood giants survived logging over the last century. Like the
LAVt'REN(.Ii C.MI'.RRIA N,JR. '.
SA M B.MERNt"MAN,JR. '..
GEOR( N tIIA
RonER r NE HAUS rest of the Preserve, the new addition is dedicated as a natural area
L's
ROIE.R C.INDUFFN,JR. for public open space, for the use and enjoyment of the public forever.
ROHER`P ORNDIfF'P
•RICiIARn C.0TTFR '..
MRS.NATIIANIFL A.Owim;N
OLIVVR P.PFARs,IN
C.EOR(cES.PEYT(>N,JR. The Save-the-Redwoods League is a non-profit national conservation
GEOR(:E P.PU'INAM
G.JAMES ROU JMR ou Sii organization with 50,000 members which acquires Coast Redwood and
�i.
STANLI:Y E.Sori.P.
MRS.LESG'r LEE SEitRRv Giant Sequoia forest land for protection in public parks. Since 1918,
CHA RLF.S t..WAGNER
• NM P.W,;NTW"RT"
Miss N League members have donated more than $65 million to help
J.Miss ANGY 1'.Vt�rsr(tN
»Directors W rrTW FR
purchase 260,000 acres of Redwood lands which are now protected in
OBJECTS the 32 California Redwood State Parks and Redwood National Park and
i. To rescue oSe from destruction Sequoia National Park.
represent-
ative areas of our primeval forests. J q
2. To co-operate with the California State
Park Commission,the National Park Service,
and other agencies,in establishing Redwood
parks and other parks and reservations.
3. Topurcbase Redwood groves by private
subscripption.
4. To foster and encourage a better and
ore n I u g nderstandin of the value of
m c era
the primeval Redwond nr Sequoia and other
forests of America as naLurai objects of ex-
traordinary interest to present and future
generations.
5. To support reforestation and conserva-
tion of our forest areas.
t� This is recycled paper
�P sTAT� ASSEMBLY U 0 1990
.Ln
W CALIFORNIA
ar LEGISLATURE
Jackie Speier
Assemblywoman, Nineteenth District
Representing San Francisco November 3 0 1990
and San Mateo Counties t
CAPITOL OFFICE
STATE CAPITOL Mr. Herbert Grench
PO BOX 942849
SACRAMENTO General Manager
CALIFORNIA 95249.0001 Mid-Peninsula Regional Open Space District
916/445-8020
201 Sa4 Antonio Circle, Suite C-135
DISTRICT OFFICE Mount n View, California 94040
220 SOUTH SPRUCE AVENUE,SUITE 101
SOUTH SAN FRANCISCO Dear Gr
CALIFORNIA 94080
415/871-1100
ASSEMBLY I am writing to express my appreciation and
MAJORITY WHIP gratitude for your good wishes upon my
re-election to the State Assembly. Your support
COMMITTEES means a great deal to me .
RULES
WAYS&MEANS My job as a member of the State Assembly is one
that I take very seriously. I am honored to
JUDICIARY serve the people of the 19th Assembly District
ENVIRONMENTAL SAFETY and our state .
AND TOXIC MATERIALS
HEALTH Your vote of confidence is heartening and I will
SUB-COMMITTEE ON HEALTH PERSONNEL continue workinghard to serve in a conscientious
SUB-COMMITTEE
CHAIR, and responsible manner.
SELECT COMMITTEE ON SMALL BUSINESS
SELECT COMMITTEE ON OIL SPILL Again thank you and I look forward to working
PREVENTION AND RESPONSE with you in the future .
PREPAREDNESS
All the best,
JAC IE SPEIER
t e Assemblywoman
f
Not printed at public expense.
/D#890062
i
II
nL
plc xr..n�• x f 3
C4ngmssman -Cam Campb t1
12tb D3 nritt
Catifornia
December 5, 1990
Mr. He
rbert Grench
General Manager
Midpeninsula Regional
Open Space District
201 San Antonio Circle, Suite C-135
Mountain View, CA 94040
Dear fir. Grench,
Thank you very much for your kind
congratulatory letter on my re-election. I am
indeed honored to serve the 12th Congressional I
District of Northern California, as well as our
Nation, in Washington and look forward to the next
session.
Sincerely,
TOM-
;949 —
Tom Campbell
II
r
r
+4
{
Paib for bg iht Gamma ft to ilt-tka 'zam campw
I
or
THE NATIONAL COUNCIL YMCAs OF THE GAMBIA
Kanifing South
P.O.Box 421.
Banjul,
Telex 2262 Fisco GV The Gambia.
Telegram YMCA Banjul, Tel: 92647
Herbert Grench
Midpeninsula Regional
Open Space District
201 San Antonio Circle
Suite C- 135
Mountain View C. A. 94040
U. S. A.
28th November 1990 .
Dear Herbert
Greetings and best wishes from The Gambia . I am writing
to acknowledge with thanks receipt of your letter dated
October 20th 1990 . 1 am indeed very sorry for not acknowledg-
ing your letter earlier the reason being that I was not in
The Gambia for almost 6 weeks after the Open Space Conference .
My participation at the conference was indeed a very re-
warding experience . I have learnt a lot from the Program
content and also from speaking to fellow participants . I
returned home with a lot of ideas and have infact atarted
discussion with some interested collugues the formation of
a Greenbelt Association . I also have plans for more involve-
ment of our YMCA on enviromental Programs .
I do hope there will be opportunity for more Gambian
participation at feature Open Space Conferences .
Regards and personal best wishes .
Sincerely yours
<� 7l 7
JAMES F. P. qOMiEZ
cc : JUDITH KUNOFSKY
PROGRAME COORDINATOR
WTk N
TrfOE���� YOUNG MEWS CHRIMAN ASSOCIA*nON
sTAT� DEC 4
ASSEMBLY wo
CALIFORNIA
LEGISLATURE
Jackie Speier
Assemblywoman,Nineteenth District
Representing San Francisco November 3 0 1990
and San Mateo Counties
CAPITOL OFFICE
STATE CAPITOL Mr. Herbert Grench
PO BOX 942949
SACRAMENTO g
General Manager
TO
CALIFORNIA95249-OMI Mid-Peninsula Regional Open Space District
416/4t5-8020
201 Sa Antonia Circle, Suite C-135
DISTRICT OFFICE Mount n View, California 94040
220 SOUTH SPRUCE AVENUE,SUITE 101
SOUTH SAN FRANCISCO Dear Gar .nc.i---
CALIFORNIA 94080
415J871-4100
ASSEMBLY I am writing to express my appreciation and
MAJORITY WHIP gratitude for your good wishes upon my
re-election to the State Assembly. Your support
COMMITTEES means a great deal to me.
RULES
WAYS&MEANS My job as a member of the State Assembly is one
that I take very seriously. I am honored to
JUDICIARY serve the people of the 19th Assembly District
ENVIRONMENTAL SAFETY and our state.
AND TOXIC MATERIALS
HEALTH Your vote of confidence is heartening and I will
CHAIR,SUB-COMMITTEE ON HEALTH PERSONNEL continue working hard to serve in a conscientious
CHAIR, and responsible manner.
SELECT COMMITTEE ON SMALL BUSINESS
SELECT COMMITTEE ON OIL SPILL Again thank you and I look forward to working
PREVENTION AND RESPONSE with you in the future.
PREPAREDNESS
All the best,
dJ C IE SPEIER
t e Assemblywoman
i
Not printed at public expense.
ID#890062
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Vngmoomanµ Tom team bed
12th 0s'tna
Califoada
December 5, 1990
Mr. Herbert Grench
General Manager
Midpeninsula Regional
Open Space District
201 San Antonio Circle, Suite C-135
Mountain View, CA 94040
Dear Mr. Grench,
Thank you very much for your kind
congratulatory letter on my re-election. I am
indeed honored to serve the 12th Congressional
District of Northern California, as well as our
Nation, in Washington and look forward to the next
session.
Sincerely,
Tom Campbell
t
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Claims No. 90-22
Meeting 90-30
Date: Dec. 12, 1990
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Nam Description
---------------------------------------------------------------------------------------------------
5087 139.43 Ameron Fire Equipment
5088 1,274.01 Alves Petroleum, Inc. Fuel
5089 118.00 A T & T Phone Repair
5090 138.69 Cabela I s Uniform Expense
5091 194.70 California Conservation Corps Plants
5092 195.00 Catapult Training Class Registration--D.Woods
5093 30.30 Central Stationers Office Supplies
5094 240.59 Composite Artts Printing
5095 269.70 Conservatree Office Supplies
5096 160,000.00 Continental Lawyers Title Company Land Purchase--Nicholas
5097 107.78 DeLuxe Business Form Office plies
5098 290.82 Design Concepts Materials for CPRS Conference
5099 52.00 Maryly Dole Reimbursement--Notary Expense
5100 13.00 Federal Express Corporation Express it
5101 600.00 Firepro Systems Fire Sprinkler Design--Distel Circle
5102 741.60 Flinn,Gray & Herterich Insurance
5103 249.95 Foster Bros.Security Systems, Inc. Locks and Keys
5104 36.73 Graphistat, Inc. maps
5105 57.53 David Hansen Reimbursement--Dut-of-Tows Meeting
Expense
15106 2,259.98 Hertz Equipment Rental Equipment Rental
5107 47.22 Emma Johnson Private Vehicle Expense
5108 291.90 Matthew Ken Reimbursement--Field Supplies
5109 635.40 Konica Business Machines Maintenance Agreement
5110 19.34 Los Altos Garbage Company ster Rental
5111 21.81 MK*Jhorter I s Office Supplies
5112 500.00 John Miller Public Relations Consulting Services
5113 1,221.97 Pacific Bell Telephone Service
5114 897.83 Pacific Gas & Electric Company Utilities
5115 60.00 Park, Rangers Association Membership Fee
5116 20.36 Picmbo Construction Company Pipe Bedding
5117 173.73 PIP Printing Photocopying
5118 151.62 Pitney Bowes Inc. Postage Meter
5119 400.00 Tcwn of Portola Valley C.U.P. Application
5120 300.00 Postage by Phone postage
5121 835.60 Prime Learning International Training Class Registration--A.Bryce,
D.Zucker, K.Hart,A.Cummings & J.Combs
5122 150.00 Robertson, Alexander, Luther, Legal Services
Esselstein, Shiells & Wright
5123 1,576.67 Roy's Repair Service Vehicle Repairs
5124 150.00 to Clara County Gas and Diesel Tank Permit
5125 50.00 Santa Clara County Fire Marshal Permit
5126 344.08 Santa Clam County Sheriff's Patrol Services
Depar
5127 54.90 Skyline Countment
ty Water District Water Service.
5128 26.90 Spencer & Associates Alpine Pond Nature Drawing Revisions
5129 207.65 Tejima and Associates, Inc.. Geotecbnical Design Review
5130 226.21 David Topley Reimbursement--Educational Assistance
*Emergency check issued on Nmmmber 30, 1990.
i
Claims No. 90-22
Meeting 90-30
Date. Dec. 12, 1990
REVISED
MILDPENINSTR A REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
----------------------------------------------------------------------------------------------------
51.31 166.96 Unocal Fuel
5132 92.66 Value Business Products Office Supplies
5133 28.81 WAC Corporation Aerial Photographs
5134 426.92 Del Pbods Private Vehicle Expense
5135 188.22 Ward Products Office Supplies
5136 170.00 The 'kbrkingman's Emporium Uniform E-Kpense
5137 205,326.35 Pacific Coast Federal Lang Bank Land Bank Payment
5138 275.69 Petty Cash Local Meeting Expense, Vehicle Parts,
Resource Document, Office Supplies,
Maps and Private Vehicle Expense