HomeMy Public PortalAbout19911218 - Agendas Packet - Board of Directors (BOD) - 91-38 Open Space
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
leeting 91-38
RESCHEDULED 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 18, 1991 Mountain View, Calif.
(7:30)* ROLL CALL
SPECIAL ORDER OF THE DAY - Resolution Honoring
Karen Nilsson
(7:35) WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS -- Public**
ADOPTION OF AGENDA
BOARD BUSINESS
(7:50) 1. Legislative Status Report - H. Grench
(8:50) 2. Resolution of Appreciation to Senator Bergeson
Resolution of Appreciation to Senator Marian Bergeson for
Introducing District Sponsored Measures in Senate Bill 767
(8:55) 3. Annual Review of Relative Site Emphasis Plan and Schedule
for Use and Management Plan Reviews - D. Woods
(9:25) 4. Proposed Addition of Chew Property to the Cathedral Oaks
Area of Sierra Azul Open Space Preserve - C. Britton
Resolution Authorizing Acceptance of Purchase Agreement,
Authorizing Officer to Execute Certificate of Acceptance of
Grant to District, and Authorizing General Manager or
Assistant General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (Sierra Azul Open Space Preserve - Lands of
Chew)
(9:35) 5. Proposed Annexation to the District of Lands Adjacent to
Skyline Ridge Open Space Preserve and Long Ridge Open Space
Preserve - C. Britton
Resolution Requesting Initiation of Annexation Procedures by
the Santa Clara County Local Agency Formation Commission
(Midpeninsula Preserves 1991 - Skyline Area)
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:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
(9:40) 6. Habitat Conservation Fund Application for the Jacques Ridge
Corridor Acquisition Project - C. Britton
Resolution Approving the Application for Grant Funds for the
Local Agency Grant Program - Fiscal Year 1992-1993 Under the
Habitat Conservation Fund Program of the California Wildlife
Protection Act of 1990 for the Jacques Ridge Corridor
Acquisition Project
(9:45) 7. Appointment of 20th Anniversary Committee - N. Hanko
(9:50)*** 8. Solicitation of Bids for Picchetti Ranch Barn Restoration
Project - N. Hanko
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 MEETING
The Finance Committee will meet Thursday, December 19, 1991 at
the District office beginning at 12:00 noon. The purpose of the
meeting is to discuss additional funding mechanisms for the
District.
(Meeting 91-38
December 18, 1991)
KAREN BRAUCHT NILSSON
August 13, 1936---December 7, 1991
Born in Oakland and raised in Merced,California,Karen graduated +*"
from Stanford University in 1958 with a degree in history. She later
obtained a Masters degree in Education from Syracuse University and
taught high school history in Rome,New York. Karen was active in the
League of Women Voters of San Mateo County and at various times was "
an officer of several conservation groups including the Peninsula Conservation
Center and the League to Save Lake Tahoe. She served on the board of TheatreWorks,
the largest performing arts organization in the south bay,and was a past co-manager of the
Ladera Recreation District.
Karen founded the Environmental Volunteers,an environmental education organization
which organizes field trips for area grade-school students to baylands and foothills
sites. She was its executive director for several years. Karen also played a
leading role in the successful drive to expand the Midpenisula Regional
Open Space District to include parts of San Mateo County. She
was co-executive director of the Trust for Hidden Villa,a
2,000-acre environmental education preserve in
Los Altos Hills,from 1980 to 1983. ' • x � «�+i,�ltf�.
tx
In 1979,Karen and her husband,Nils,now a professor of computer science at Stanford,founded the Tioga
Publishing Company to publish computer science texts. Under Karen's direction,it later shifted its `\
emphasis to focus on California and the West----itshistory,environment,and preservation. Several of ,
Karen's books have won regional and national awards.
Karen enjoyed backpacking,swimming,skiing,and travel with family and friends. She seemed to have a
special ability for introducing people with just the right talent to people with just the right need. She is
lovingly remembered by her mother, Bernice Braucht of Merced,her husband,Nils,their daughter Kristen,
a PhD student at Scripps Institution of Oceanography,their son Lars,an architect,of San Francisco,and her
many,many friends.
Open Space
2
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-137
(Meeting 91-38
December 18 , 1991)
REPORT
November 25, 1991
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Legislative Status Report
Recommended Action:
Accept the attached Legislative Status Report.
Discussion: The District ' s legislative advocate in Sacramento, Ralph Heim,
is scheduled to give you a status report from his perspective at your
December 18 meeting. My status report on the District ' s legislative
program for the 1991-1992 session is attached. The priorities are those
originally adopted. Please be aware that the state ' s budget shortfall will
make it very difficult to get special projects funded this coming year.
101 San Antonio Circle,Suite C-111 • Mountain View,California 94040 . Phone:14111949-1100 • 1AX:14111949-1619
General Manager:Herbert Grench Board of Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
STATUS REPORT OF NOVEMBER 25, 1991
INITIAL LEGISLATIVE PROGRAM FOR 1991-1992
Adopted April 10, 1991
I . State Budget Augmentation Projects
A. Saratoga Gap Acquisition Project : The project consists of the
purchase of a 116 acre parcel of land owned by Sempervirens Fund IIII
at the intersection of Skyline Boulevard (Highway 35) and Big
Basin Way (Highway 9) in Santa Cruz County. The price would be
$600 , 000 , of which 50% would be paid out of District funds and
the other $300, 000 out of state funds. The land would provide a
major visitor information site for Castle Rock, Big Basin,
Portola and other state parks , county parks, and District Skyline
preserves. The project, in Senator Mello' s and Assembly Member
Vasconcello' s districts , is a project with statewide
significance. A likely source of funds would be the tobacco-tax
resources allocation.
Priority: A
Status : Project was not funded in 1991 . Should try again in
1992 with a special bill; an author is needed.
B. Pulgas Ridge Open Space Preserve Public Access Improvements :
Last year we requested $90, 000 toward a $115, 000 project and
would again this year. The project is in Senator Morgan' s and
Assembly Member Lempert ' s districts.
Priority: B
Status : Project was not funded in 1991 . A legislator is needed
to author a bill in 1992. This should be moved to an
"A" priority.
State Measures
A. 1992 Parks Bond Act: Assuming the language of this proposed
legislation is adequate, the District should strongly support it.
Senate Bill 387 (McCorquodale) , AB 72 (Cortese) , and others have
been introduced for resource bond acts.
Priority: A
Status: A single bill will probably emerge with at least some
local funding.
Initial Legislative Program for 1991-1992 -- Status Page 2
B. Bear Creek Redwoods State Park: A study by the State Department
of Parks and Recreation concluded this year that the site was not
appropriate for a state park (a change in position) but would be
suitable for a District preserve or county park. Every effort
should be made to have this multi-million-dollar project listed
in the bond act. Assembly Member Cortese, the author of one
current bond act bill , obtained approval for the study funds last
year, and Senator Alquist was an early strong supporter of the
project, making it possible that the project could be listed.
Priority: A
C . State Constitutional Amendment on Local General Obligation Bond
Measures: The District would benefit if the State Constitution
were amended to authorize local general obligation bond measures
for parks and open space to be approved by a simple majority vote
of the electorate. Senator Morgan has introduced State
Constitutional Amendment 11 and Senator Hill has introduced SCA
18 , either of which would accomplish this , if passed.
Priority: A
Status: Both bills are still alive; however, a recent Field
Research survey indicated that public acceptance of
such a measure would be low at this time.
D. 1992 State Ballot Initiative: The Planning and Conservation
League was making legislative and initiative efforts to place a
major Proposition 70 type of measure on the 1992 -state ballot for
protection of native forests. An initiative would name the
District as recipient of funds for various projects .
Priority: A
Status : This project is on hold, pending the local bond measure
constitutional amendment being placed on the ballot
instead.
E. Coastal Conservancy: Legislation is under consideration to allow
the Coastal Conservancy to operate somewhat inland of the coastal
zone. There is significant open space and potential trail
corridor land between District lands in San Mateo County and the
coast. Follow-up funding will be needed, but the enabling
legislation is a first step.
Priority: B
Status: Senate Bill 627 (Thompson) is such a vehicle.
Initial Legislative Program for 1991-1992 Status Page 3
III . District Powers
A. Expansion of Funding Mechanisms for General Purposes :
Significant additional sources of revenue to complete the
midpeninsula greenbelt and provide public access to it are
needed. Necessary funds could be obtained if the District were
empowered to levy a general tax, such as a parcel excise tax (in
addition to the District ' s share of the property tax) , by action
of the Board of Directors or by a simple majority vote of the
electorate.
Priority: A
Status: Legislative authority was amended into SB 164 (the
South Santa Clara County Open Space Authority bill) ,
but later deleted. Since the governor vetoed SB 164,
prospects are poor at this time for successfully
pursuing new legislation.
B. Trade of Rights in Dedicated Land: A Joint Resolution would be
introduced pursuant to Public Resources Code Section 5540
provided agreement is reached to exchange a parcel of dedicated
land, while retaining an open space easement, for an open space
easement over a piece of nearby private land.
Priority: A
C . Density Credits: The District needs assurance that when land is
acquired for open space the District does not lose any
development density credits . Assembly Member Cortese has
reintroduced last year' s bill which passed the Assembly and the
Senate Local Government Committee but did not get voted upon in
the Senate. This year' s bill , AB 1836 , is like last year ' s
AB 2301 .
Priority: B
Status: The bill was amended in the Senate to an unacceptable
form. Attempts will be made to reach agreement with
the realtors association on mutually acceptable
language or to pursue the District ' s version as it was
introduced.
D. Check Signatories : Public Resources Code Section 5552 requires
two signatures on each district check and warrant, whereas only
one is really useful .
Priority: B
Status: The District ' s amendments to Section 5552 were included
in SB 767 (Bergeson) which was signed by the governor.
Initial Legislative Program for 1991-1992 Status Page 4
IV, Miscellaneous
A. Property Tax Assessment and Collection Fees : The District
supports repeal of last year' s legislation that approved passing
on Santa Clara and San Mateo Counties ' costs of collecting and
administering property tax assessments to the District.
Priority: A
Status: No repeal legislation has been enacted yet , but
discussions will continue to be held in the
legislature.
B. South Santa Clara County Open Space Authority: Passage of SB 164
(Mello) would have created the South Santa Clara County Open
Space Authority and allowed an election on funding. A simple
majority vote would have been required to levy a parcel excise
tax.
Priority: B
Status: The bill was vetoed. The 2020 Task Force
Implementation Committee or citizen groups will have to
decide where to go from here.
C. Elimination of Property Tax Exchange Resolution: The District
should sponsor legislation that would do away with a property tax
exchange resolution for District annexations where the District
waives tax income for the new area.
Priority: B
Status : This legislation can be dropped since in recent
annexations involving only District owned land San
Mateo County has not felt it necessary to adopt such a
resolution.
D. Waiver of Prepayment Penalties: The District supports an
amendment to the Code of Civil Procedure to specify that
prepayment penalties ordinarily paid to lienholders are waived
when property is acquired by an agency simply having the power of
eminent domain, as opposed to using it. A "housekeeping" bill
would be the vehicle.
Priority: B
Status : This item raised some questions by the banking industry
and was not included in a 1991 housekeeping bill .
Discussions will continue to explore the concerns and
to see if they can be ameliorated.
Initial Legislative Program for 1991-1992 Status Page 5
E. Lease of Land from Caltrans: The District supports an amendment
to the Streets and Highways Code to include districts among
agencies that are eligible for $1 a year leases.
Priority: B
Status: The District 's amendments to the code were included in
SB 767 (Bergeson) which was signed by the governor.
F. Redevelopment Reform: It is most desirable that the larger issue
of local government finance be addressed in such a way that
districts can share the benefits of redevelopment projects.
Priority: B
Status: "Hope springs eternal . "
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-150
(Meeting 91-38
December 18 , 1991)
REPORT
December 13, 1991
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Resolution of Appreciation to Senator Bergeson
Recommended Action:
Adopt the Resolution of Appreciation to Senator Marian Bergeson for
Introducing District Sponsored Measures in Senate Bill 767 .
Discussion: Senator Marian Bergeson included two District
sponsored sections in SB 767 , the Local Government Omnibus Act of
1991 , a "housekeeping" bill signed by the governor that contained
various non-controversial items affecting counties , cities, and
special districts.
The first reduced the check signatory requirement from two to one
person for regional park and open space districts. We felt that
the second signature added no real fiscal control but was an
administrative nuisance.
The second allowed Caltrans to lease excess right-of-way to
districts for $1 per year, as had been the case for cities and
counties. Caltrans had taken the position that they did not have
that authority when the District leased a section of excess right- "!
of-way along La Honda Road adjacent to the former Sheffield
property and was required to pay a higher rate.
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:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
RESOLUTION NO.
Resolution of Appreciation to Senator Marian
Bergeson for Introducing District Sponsored
Measures in Senate Bill 767
WHEREAS , the Midpeninsula Regional Open Space District felt
that the public ' s interests would be served by amendments to state
law pertaining to check signatory requirements and to leases of
Caltrans excess right-of-way; and
WHEREAS , Senator Marian Bergeson graciously agreed to include
these matters in Senate Bill 767 , the Local Government Omnibus Act
of 1991; and
WHEREAS , Senator Bergeson has previously supported and
authored other District sponsored legislation;
NOW, THEREFORE, be it resolved that the Board of Directors of
the Midpeninsula Regional Open Space District does express its deep
appreciation to Senator Bergeson for her efforts in the District ' s
behalf .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-148
(Meeting 91-38
(December 18 , 1991)
REPORT
December 9 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C . Britton, Acting Land
Manager; D. Woods , Principal
Planner; C . Bruins ,
Administrative Assistant
SUBJECT: Annual Review of the Relative Site Emphasis Plan and
Schedule for Use and Management Plan Reviews
Recommended Action: Tentatively adopt the Relative Site Emphasis
Plan and Use and Management Plan Target Review Schedule as
contained in this report .
Introduction: You last adopted the Relative Site Emphasis Plan
and Use and Management Plan Target Review Schedule at your March
13 , 1991 meeting (see report R-91-31 dated March 6 , 1991) . The
Relative Site Emphasis Plan is scheduled for review near the end
of each calendar year to coincide with Action Plan and budget
preparation .
Discussion: The proposed annual Relative Site Emphasis Plan has
been revised to include new land acquisitions , current Use and
Management Plans , and changes in short and long-term priorities
for site use and development .
The Relative Site Emphasis Plan includes a preliminary five-year
schedule for implementing major capital improvement projects
(refer to Chart A) . The intent is to review proposed major
projects for the coming year in context with the overall list of
outstanding projects that may be considered over a five-year
period.
The left portion of Chart A shows District sites listed in
relative order, emphasizing long-term plans for use and
development . Under each site , a list of adopted and potential
major capital improvements has been included. On this chart ,
projects are considered major capital improvements if their
estimated costs are $10 , 000 or more. All trail projects are
incorporated into this list .
The center portion of the chart represents the Preliminary Five-
Year Capital Improvement Plan. The estimated cost of a project
201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679
General manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
R-91-148 Page 2
is shown on the schedule. These costs are revised and updated
when engineering and design work is completed. The projects
proposed for the next fiscal year are in the vertically shaded
column labeled 1992. These are the specific projects being
considered at this time. If adopted, they will be incorporated
into the preparation of the upcoming budget.
The schedule for the remaining projects shown over the following
four years will be annually reviewed and updated to reflect the
availability of grants , changes in staffing levels, and the scope
of various projects. Unless the implementation of the five-year
program is tied to availability of grants , it will have a severe
impact on the District 's ability to acquire lands to complete the
greenbelt. over five years, net capital improvement costs for
projects without approved grants total over three million
dollars , the equivalent of roughly 1 , 200 acres of land. Clearly,
substantial grants for these projects must be sought or
additional funding must be obtained from other sources for
acquisition as well as development . Currently, grants for large
amounts are scarce .
The Preliminary Five-Year Capital Improvement Plan is based on
reasonable expectations of what can be planned and implemented by
existing staff . Many projects we expected to complete during the
past fiscal year have been delayed and extended due to the lower
than normal level of planning staff attention and the unusual
amount of staff time focused on reorganization and organizational
improvements at the District . The revised plan for the upcoming
year continues to take into consideration major planning projects
that are non-specific to sites, such as staff time devoted to
work on trail use guidelines and resource management policy
implementation.
In fiscal year 1992-1993 , it is estimated that $792 , 500 of
budgeted funds will be required to fulfill this plan.
Subtracting $194 , 300 of available grant and other outside funds ,
District costs total $598 , 200 . The proposed Open Space
Management Budget Guidelines state capital improvements exceeding
$25, 000 are to be considered independently of the budget
guidelines. This plan shows projects outside the budget
guidelines are estimated to total
al $664 , 500 . These projects
include unusually large expenditures associated with
infrastructure, including major improvements to the Rancho San
Antonio ranger yard, realignment of the patrol road at La Honda
Creek, restoration of the Corte Madera dump, dam repairs at
Skyline Ridge, trails at Skyline Ridge and Pulgas Ridge , pond
restoration at Ravenswood, and historic preservation at Picchetti
Ranch.
A column has been included in Chart A to present the status of
R-91-148 Page 3
projects in the current year (refer to "Status 1991" ) . The
outlined box indicates that the project is underway and a
significant amount of work has been completed this year. The
solid box indicates that the project was completed during the
current fiscal year.
The relative order of emphasis has not changed this year.
Use and Management Plan Review Schedule
The Use and Management Plan Target Review Schedule reflects a
five-year cycle. The schedule over the past year has been
extended through the coming year to allow for adjustments in
staffing levels and attention to be given to reorganization and
organizational improvement plans.
In general , the Target Use and Management Plan Review Schedule
attempts to balance the work load over the five-year period.
Consideration is given to spacing out plans with major issues
that are expected to require additional lead time for
preparation. Also, where possible, the schedule shows
alternating plan reviews between preserves in the Skyline area
and Foothills area. This relates to the geographic
responsibilities of the planners; the planning areas for each
planner correspond to the division of the field staff .
CHART B-RELATIVE ORDER OF SITES TARGET USE AND MANAGMENT REVIEW SCHEDULE DATE:12/11/91
Relative Order of Sites Last Five Year Use and Management Plan Target Review Schedule
Review 1992 1993 1994 1995 1996
I st 2nd 3rd 4th 1 st 2nd 3rd 4th 1 st 2nd 3rd 4th 1 st 2nd 3rd 4th I st 2nd 3rd 4th
Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr Qtr
1. Skyline Ridge 07/87 ............ ............. ............... ................�I .................
...... ... ...... .... ...... ......... .....
4C*
.......... ..... .......... ....... .. ................. .................
................. ................. .....
................. .............
... . .................
2- Monte Bello 1 PJ89
........... .......... .. .......
............ ....I......... .. ................. —............. ................. ..
I—... ............... ........
& Rancho San Antonio 04/90 .
........ . .............. ......... ...—. .......... ...... ................
................. .............. ................. .................
—.............. ....... ...... ................ ..............
4. Purlsima Crook 02189 ......
................ ............. .. ................. ................. .................
5. Windy Hill
11/88 ........ ..... ......
..............
........... . ... ...... ......... .. ..... ...........
.......... ......... ................. ................. .................
........ ................. ....... ......... .............. .. .................
St.Joseph's Hill 09/87
............ ....... ...... ..............
... ............... ...I............. ...... .......... ........... ....I
..... ...... .............. ................. ...... ........
................. ................. ............... ................ ..........
..... ....... ........ ....... .......... ... ......
7. Ravenswood 04/90
. ...........
& El Corte de Madera 09/89
................. ........ ..... ................. ............. ........
9. Picchettl Ranch Area 01/88 ............
.................. ..... .......... ..,............ .........—..... ........ ........
............... ....—.......... —.—............ ---........... ......
..........
................ .............. .• ................. ................
1 a Saratoga Gap 03/89 ................. .................
.................. .... ............ —.............. .............. ...............
..... ..........
................. .....—......... ............ ..........
............... ................. ...... .......
11. Los Trancos 07/87 ........— —......
........... ......I.......... .............. ............... .................
.................. ................. .............. .. ................. .................
.................. ............... . ................. ................. .........
—.............. ....... ...... ................ —.............
12- Long Ridge 07/90 ................. ................. ..... ........... ................. .................
........ ...................................*.............................. .*..............................*...................*...................*....,.. .......*...............................I..........*...,....,....,......... —...........................
...............
.....
....
.
13. Pulgas Ridge 08/87 ....
........ . .... . ..... ......... . ................. .................
..... ................. ................. .............. .............
......... .... ............ ............... .................
................. .............. .............................
14. Russian Ridge 02J87 ........ .............. ................. ................
.....I....... ............... ...........I... �I............... ....... .........
............. ..... ....... ...... ...... . ................. ...............
15. La Honda Creek 03/98 ........ ..... .....
...... ................. ................. ................ ....... ......
16. Teague Hill .................. ...........
.......... ....... .... ........ ... ................. .....
................. ........... .. .......... ...... .................
.......... ....... .. ................. ..... ........
17. Fremont Older 11/90
.......... ............. ......... .. ................. ......
............... .............. .. ......... .. ................. .............
18. Kennedy Road Area 07/89 ::it:................
................. ........... ....: ................. .................................................................. ...................................
..........
.................
Sierra Azul
...... .............. . ......... .... ..................
19. Windmill Pasture Area 04/90 ............... ............... ..... ......... ........................ ............ ....... ........ .................
Rancho San Antonio
20. Stevens Creek Shoreline 05/90 ....... ...... .... .. ................. ....
................. ..................... ................. ...
.. ................. ................. .........
. ................. ... . .. —...... ......... .. ... ..---
21. Coal Crook 10/87 —.............. ............... . ............. . .......I.........
............... ................. ............. ............
.... .............. .. ................. ..............
....... . .................
..... ........... .......
.............. ...
22- El Sereno 11/87 ...... ...... .... ............
........... ..............— ................
........... ........ ................. ................. ................
............. ......... .........
23. Foothills 02(90 ............... ................. ................. ...........
.......... ................. ................. ....I............
.......... ................. ............... .......
...........— ...............I. ......;k.............. ................. .....
24. Thomewood 11187 .......... ................. ......
......... ................. ...............
.................
25. Mt Umunhum Area 07/89 ............ ........... .... .............
.................
Sierra Awl
................. .............. .. .......
........ ............. ... .....
................. .............
26. Cathedral Oaks
........ ................. ......... ................. ............
................. .......... ...... ......... .. ................. ...............
Sierra Azul
C1 Interim Use and Management Plan Review IN Comprehensive Use and Management Plan Review
CHART A-PLAN FOR RELATIVE EMPHASIS OF DISTRICT SITES (Revised 12/11/91)
Relative Order of Sites U&M Status Preliminary Fire Year Capital Improvement Plan Outside
and Major Improvements Adopted 1991 1992 1993 1994 1995 1996 Funding Explanation and Notes
1. Skyline Ridge
* Ranger Yard Expansion No ❑ :::5000:::�!5:: 250000 CS 7500 PS 75000 CS Extended 1 year;linking to RSA plan
Gasoline Tanks No ■
Restrooms Yes ■
Nature Center/Exterior Yes ■
* Nature Center/Interior No ❑ >25M:::RS Possible Coordinate and develop design concept
gG)Q4: 8 Obtaining grant prior to construction
Observation Piers Yes ■
* Restoration/Dam No ❑ 50000 CS Potentially phased; State regulated
Well and Water System Yes ❑
* :1'tali id:l:)1b i?;(ltAfCfij:.:;:;:;`. Yes ❑ :*::b65 &::CS:: 26000 Extended 1 year;penult came too late
:lliilts: ass:1 tall:: Yes 15000 Possible
:Finrsoe: 'rs(t::::: ::- Yes ■
: IplraaratN: Yes ■
* :imEjer :Cn3ek...........
Tall:::::::::::::::: No 25000 Possible Anticipated high priority In U&M plan
2 Monte Bello
South Ridge Parking No ❑ 10000 PS 30000 CS Possible
South Ridge Restroom No 15000
:G4Id +llh :TCaN Yes 35000
Yes ❑ ;:::;1:gtXpp;::::: Extended 1 year;limited LM resources
L7lse the :::::::::::>: Yes ::15000
........................... ..............
......................... .............
tihitio(e:Acess ta:Vlste:::: Yes 10000
3. Rancho San Antonio
Farm Bridge Yes ■
Entry Bridge (Co/MROSD) No 50000
Grant House/Exterior Yes ■
* Grant House Anterior No ❑ Possible Seeking grant for City to administer
* Ranger Yard/Annex Yes ❑ :: ::: $:: 10000 PS 100000 CS Extended 1 year;contractual problems
Gas Tanks Yes ■
* Shop Building No ❑ :< 20000 CS Unanticipated seismic strengthening
Restrooms Yes ❑
:lrtri:Bypass: ;ra(G::::::::::: Yes ■
* .+....e: l........... ::::... Yes 15000 Expenditure not previously scheduled
4. Purisima Creek
Lower Restroom Yes
Expand Lower Parking Yes 15000 PS 35000 CS
:Whole Access: ralt Yes 25000
Relative Order of Sites U&M Status Preliminary Five Year Capital Improvement Plan Outside
and Major Improvements Adopted 1991 1992 1993 1994 19% 1996 Funding Explanation and Notes
S Windy Hill
* Portola Parking Lot Yes ❑ 18000D CS Possible Adjusted cost based on specific plan
* Underground Utilities Yes ❑ 200000 CS Adjusted cost based on specific plan
Upper/Lower Restrooms Yes ❑ 15000
* Sausal Dam Restoration No Unanticipated hazardous condition
..............
* :t;or'te:Kr4ad*&d7(,A::::::::::: Yes ❑ ::1(�b tl::: Extended 1 year;limited LM resources
..............
* 3aiisatratFnd:Fioarf : : Yes ❑ 58000 Possible Expanded to Include whole access
* itAeadovYTCali ::::::: Yes 10000 Possible Extended 1 year;combine with Bozzo
:SoiofAdievetTraii Yes 40000 Possible
6. St.Joseph's Hill
Restoration/Off-trail Yes 10000
:Trail:ia:Hifriap::::::::::::::::::::::::::: Yes 10000
7. Ravenswood
* Restoration/Pond No ❑ :.: , 50000 CS Possible Adjusted cost based on proposal;
grant required to proceed
* :T{a11 to:Palo 11t0.... >:: Yes 75M PS 75000 Possible Extended 1 year;pending reclamation
B. El Corte Madera
* Skyline Parking Lot No 15000 PS 150000 CS Possible Expenditure not previously scheduled
* Parking Lot Restroom No 15000 Expenditure not previously scheduled
Clean-up/Dump Area Yes 10000
9. Picchettl Ranch Area
Restoration/Winery Yes ■
* Restoration/Bam Yes 1000D0 Construction carry over In FY 92-93
..............
Tfall:above P.onii: Yes 15000
:TFaila&is oslghy ::.. Yes 10000
1 a Saratoga Gap
11. Los Trancos
1 a Long Ridge
Demolition/Bar Y Yes ■
Demolition/Panighetti Yes ■
Grizzly Flat Parking No 10000 PS 35000 CS
fcaal to:Skyi(cie:::::::::::::::::: Yes ❑
* ::f3ko R}ipa'ss:Vail 10000 Anticipated reintroduced project
Relative Order of Sites U&M Status Preliminary Five Year Capital improvement Plan Outside
and Major Improvements Adopted 1991 1992 1993 1994 1995 1996 Funding Explanation and Notes
1 a Pulgas Ridge
* Demolition/Sewage Plant Yes ❑ :::ADD`f?5,:; Possible Accelerated due to safety concerns
Edmonds Parking Lot Yes 25000 CS Possible
Resource Mgmt Plan No 20000
* Cordt�eras:Tcall:(tWCF :::::::: Yes ::57C b::Cs 28300 Cost adjusted for public bid process
Yes 20000 Possible Expenditure not previously scheduled
* :Ecfrrtoids:T{sllh : Yes 10000 Possible
14, Russian Ridge
VtSt# R. Yes El :t:pt?4Q:::'`:::;: 10000
X. Yes El48000 24000 Accelerated to complete grants
* :tvafurs:Tralt:(t?c :::,,•,,,, Yes El26000 12000 Accelerated to complete grants
1 S La Honda Creek
MacDonald Parking Lot No 20000 PS Possible
* Reailgn Weeks Road Yes ❑ ::_:4bi70fS:< 20WO Extended 1 year; delayed for permits
* :DST{a�I:fo:PQ :::::::::::::::::::: Yes Possible Deferred; combine with parking lot
Yes Possible Deferred; combine with parking lot
16. Teague Hill
17. Fremont Older
Parking Lot Expansion Yes 2500;:;P.S:; 1 am CS
Restroom Yes 15000
Yes 5000 PS 15000 Possible Expenditure not previously scheduled
18. Kennedy Road Area
Parking Lot Yes : 3000 PS 25000 CS
Restroom Yes 15000
19. Windmill Pasture Area
No 15000 Possible Expenditure not previously scheduled
2a Stevens Creek Shoreline
21. Coal Creek
* :kltsfa Pofi�#3ra :.:.:.:.:.:.:.:.. Yes 10000 Extended 3 years; grants accelerated
Yes 10000 Extended 3 years: grants accelerated
Relative Order of Sites U&M Status Preliminary Five Year Capital Improvement Plan Outside
and Major Improvements Adopted 1991 1992 1993 1994 1995 1996 Funding Explanation and Notes
22 El Sereno
:Shetdori: rak:::::::::::::::::::::::::: No ❑
2a Foothills
:1~oothills:Peck: e ;:;':':: ;:;'.:.: No ❑ Possible
24. Thomewood
:jJppsF:By{ ass:Tral(::::';:::::::::: Yes 15000
2S Mt Umunhum Area
* 50000 PS Extended 1 year;toxic clean-up slow
Master Plan Yes
* Demolition/Alr Base No 500000 Extended 1 year;toxic clean-up slow
26. Cathedral Oaks Area
TOTAL ANTICIPATED BUDGET AMOUNT : l.9'2.5Cfd:`::;: 944000 453500 342500 825000 3357500
O EXISTING GRANT FUNDS :14ckS:::::: 24000 12000 230300
ANTICIPATED DISTRICT EXPENDITURE ;:;a98f0:.:.:.:`..: 920000 441500 342500 825000 3127200
* Changed Since Last Review
PS Plans and Specifications, Engineering
CS Consultant Supervision Required
❑ Work in Progress
■ Project Completed
i
Lefthand Column =Trail Projects
Vertical Shading = Proposed Fiscal Year 1992-1993 Projects
Open apace j
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-145
Meeting 91-38
December 18 , 1991
AGENDA ITEM
Proposed Addition of Chew Property to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve
GENERAL MANAGER' S RECOMMENDATIONS
1. Adopt the attached resolution authorizing purchase of property
owned by Chew.
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.
DESCRIPTION (see attached map)
This 16.16-acre property is located east of Lexington Reservoir on the
north-facing slopes of Soda Springs Canyon. The Kennedy Limekiln Area
of Sierra Azul Open Space Preserve adjoins the property on its eastern
side. To the south lies the pending Borelli acquisition parcel, and
to the west and north private property. The property is within fifty
feet of the Cathedral Oaks Area of Sierra Azul Open Space Preserve.
Access to the property is via Wood Road, which branches north from
Soda Springs Road about one and a half miles east of Lexington
Reservoir. Wood Road runs east through the former Mayr property, now
part of the Cathedral Oaks Area of Sierra Azul Open Space Preserve.
It then becomes Old Wood Road, which continues east through a private
parcel before entering the subject property. The road winds its way
along the southern property line and down the steep hillside to Soda
Springs Canyon creek. A small abandoned cabin sits aside the road
near the southern boundary. Empty barrels and miscellaneous debris
are scattered nearby. The proposed acquisition includes a road
easement through the adjacent Harmon property.
Steep unstable slopes dominate the property. Several rock slides and
ground fractures along the road prevent vehicle access through the
property. These occurrances could have been caused by the 1989 Loma
Prieta Earthquake. A steep, prominent ravine marks the western
property line. Soda Springs Canyon creek runs along the northern
boundary. Mixed evergreen forest is the primary plant community on
the property. No unusual plants or animals are known to be present on
the site.
201 San Antonio Circle,Suite C-111 • Mountain View,California 94040 . 11one:14111949-1100 ° FAX:14111949-1619
General Manager:HerbertGrench Board of Directors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
R-91-145 Page 2
USE AND MANAGEMENT PLAN
Planning Considerations
Santa Clara County' s Trails and Pathway' s Plan identifies a trail
corridor north of Soda Springs Canyon, connecting Lexington Reservoir
with Priest Rock, El Sombroso, and Mt. Umunhum. Old Wood Road could
become part of a future trail route connecting Soda Springs Road with
a proposed trail up Soda Springs Canyon. This would eventually link
with Priest Rock Trail and the P.G.&E. Trail to El Sombroso.
The property is located in unincorporated Santa Clara County and is
within District boundaries. Zoning for the property is Hillside (HS) ,
which requires a 20 to 160-acre minimum lot size, depending on slope.
The District's Master Plan rating of the property for suitability as
open space is low.
The Use and Management Plan review for the Cathedral Oaks Area is
anticipated in August, 1993.
Preliminary Use and Management Plan Recommendations
Dedication: Withhold the property from dedication to allow for the
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.
Name: Name the property as an addition to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve.
Signs: Install private property signs, area closed and preserve
boundary signs where appropriate.
Roads: Clear the portion of road leading to the cabin so a demolition
contractor can easily get to the cabin site.
Cleanup: Remove cabin and other debris after road is opened.
Site Emphasis Designation: Conservation Management Unit (CMU)
Public Safety Review: Staff has inspected the site and determined
that it should be posted a closed area until the cabin is removed.
R-91-145 Page 3
TERMS AND FUNDING
The purchase price is $75,000 , payable in cash at close of escrow.
The purchase price is fair and reasonable based upon current real
estate market conditions.
FISCAL YEAR 1991-92 CASH EXPENDITURES FOR OPEN SPACE ACQUISITION
Funds for this fiscal year - cash I $10,000, 000.00 0
Approved acquisitions (escrow closed) I 3, 181, 000.00
Approved acquisitions (escrow not closed) 845, 000.00
, Recommended Chew property acquisition 75, 000.00
Remaining cash balance for this fiscal year 1 $ 5, 899 ,000.00
Prepared by:
Craig Britton, Land Acquisition Manager
Sheryl Marioni Cochran, Associate Open Space Planner
Contact person(s) :
Listed above
-----------
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PROPO ED ACQUISITION
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DECEMBER 1991 1
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Scale: 1 2000' - Ott North PAr,
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND
AUTHORIZING GENERAL MANAGER OR ASSISTANT
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING
OF THE TRANSACTION (SIERRA AZUL OPEN SPACE
PRESERVE - LANDS OF CHEW)
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
Section- - One' The Board of Directors of the Midpenin-
sula Regional Open Space District does hereby accept the offer
contained in that certain Purchase Agreement between Mong Kwock
Chew and Mong Lon Chew and the Midpeninsula Regional Open Space
District, a copy of which is attached hereto and by reference
made a part hereof, and authorizes the President or appropriate
officers to execute the Agreement on behalf of the District.
Section Two. The President of the Board of Directors
or other appropriate officer is authorized to execute a Certifi-
cate of Acceptance on behalf of the District.
Section Three. The General Manager or Assistant
General Manager of the District shall cause to be given
appropriate notice of acceptance to the seller. The General
Manager or Assistant General Manager further is authorized to
execute any and all other documents in escrow necessary or
appropriate to the closing of the transaction.
Section Four. The General Manager of the District is
authorized to expend up to $5,000.00 to cover the cost of title
insurance, escrow fees, and other miscellaneous costs related to
this transaction.
Section Five. It is intended and hereby authorized
that the District' s General Fund will be reimbursed in the amount
of $75, 000 from the proceeds of the next long term District note
issue.
PURCHASE AGREEMENT
This Agreement is made and entered into by and between Mong Kwock
Chew and Naomi Elizabeth Chew as Co-Trustees of the Chew 1973 Family
Trust, as to an undivided one half interest, and Mong Lon Chew, a
single woman, as to an undivided one half interest, as tenants in
common, 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 November
14, 1991, 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 sixteen and sixteen one
hundredths (16 . 16) acres, more or less, and commonly referred to as
Santa Clara County Assessor 's Parcel No. 558-29-018 . Said property
being further described in the Legal Description attached to
Preliminary Title Report number AL-190610 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
I
4
Purchase Agreement - Chew Page 2
i
way, or rights of use which may be appurtenant or attributable to the
aforesaid lands, and any and all improvements attached or affixed
thereto. All of said real property and appurtenances hereinafter
called the "Subject Property" or the "Property. "
r
2 . Purchase Price. The total purchase price ("Purchase Price")
for the Property shall be Seventy Five Thousand and No/100 Dollars
($75, 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 i pp y to said escrow:
G
(a) The time provided for in the escrow for the close thereof
shall be on or before January 3, 1992, 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 .
r �
(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 :
Purchase Agreement - Chew Page 3
(i) The required Certificate of Acceptance for the Grant
Deed, duly executed by District and to be dated as of the Closing.
(ii) District ' s check payable to Escrow Holder in the amount
of Sixty Five Thousand and No/100 Dollars ($75, 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 ($75, 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 table to District . In the event District disapproves of any
addi
tional title P
1 exceptions
ions and Seller is unable to remove any
h time set forth for the
before the District disapproved exceptions b �
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 theretof
ore delivered to Escrow
the purchase of
w and consummate
h escro a
o lose theP
Holder or; ii t C
I�. 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 Sel:lerw.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
Purchase Agreement - Chew Page 4
things of value deposited in the escrow to the party depositing the
same .
4 . Rights and Liabilities of the Parties in the Event of
Termination . In the event this Agreement is terminated and escrow is
cancelled for any reason, all parties shall be excused from any
further obligations hereunder, except as otherwise provided herein .
Upon any such termination of escrow, all parties hereto shall be
jointly and severally liable to Escrow Holder for payment of its
title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such
termination of escrow) , and each party expressly reserves any other
rights and remedies which it may have against any other party by
reason of a wrongful termination or failure to close escrow.
5 . Leases or Occupancy !Qf. Pgem3 se-, 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 . S 11 ' s Representations and Warranties . For the of
purpose
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 fu
lly execut
ed and as of the
date of Cl
osing:
.
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. BindinctAcrreements . 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 - Chew 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
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 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 Compensation . Seller and District
understand and agree that Seller may be entitled to receive the fair
Purchase Agreement - Chew
Page 6
market value of the Property described in Exhibit "A", as Provided
for by the Federal Uniform Relocation Assistance and Real Pro erty
Acquisition Act of 1970 (Public Law 91-646) the Uniform a ty
Act Amendments of 1987 (Public Law 100-17 Relocation
) , Title IV of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Statutes, 246-256) , and California Government Code Sec
tion 267, and
following. Seller hereby waives any and all existing and/or 7future
rights Seller may have to the fair market value of said P e
appraisals, etc . , as provided for b Property,
corresponding California Y said Federal Law and an
Gov
ernment Y
en t
Cod
e Sections .
10. IiSCellanAn„c n vl innc
10 . 01 .Choi r_P p f a w The internal
II
California, regardless of any choice of laws of the State of
j the validity of this Agreement, the
interpretation constructioncoflis, shall
of the rights and duties of the parties , govern
is terms and the
I �
10 .02 Bnevs ' FPPe expense, If either party hereto incurs any
including reasonable attorneys ' fees, in connection with
action or proceeding instituted by reason of any default or alleged
ny
default of the other party hereunder, the partyaction or proceeding shall be entitled to recoverrfromling the othin erch
party reasonable expenses and attorneys ' fees in the amount
determined by the Court, whether or not such action
o
goes to final judgment . In the event of a settlement orpfinalding
judgment in which neither party is awarded all of the relief prayed
for, the prevailing party as determined b entitled to recover from the other Y the Court shall be
attorneys ' fees . Party reasonable expenses and
10 .03 AmPndm n and Wa; yer. The parties hereto may by mutual
written agreement amend this Agreement in any respect . An
hereto may; M extend the time for the Y party
obligations of the other performance of any of the
rcies in
epresentations and warranties made}byathe other ive any nparty acontain
this Agreement or in any documents delivered ursu ed in
waive compliance by the other P ant hereto; (iii}
panycontained in this Agreement or the yperformancefofhanyovena obligations of
the other party; or (iv) waive the fulfillment of any condition
is precedent to the performance by such that
its
obligations under this Agreement . Any agreementfonnthefpart of an
party for any such amendment, extension or waiver must be in writin
g.
10 . 04 RiahtS 'm"gat "'o Each and all of the various rights,
Powers and remedies of the parties shall be considered to be
Purchase Agreement - Chew Page 7
cumulative with and in addition to any other rights, powers and
remedies which the parties may have at law or in equity in the event
of the breach of any of the terms of this Agreement . The exercise or
partial exercise of any right, power or remedy shall neither
constitute the exclusive election thereof nor the waiver of any other
right, power or remedy available to such party.
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: Seller: Mang Kwock Chew and Naomi Elizabeth Chew
as Co-Trustees of the Chew 1973 Family Trust, as
to an undivided one half interest, and Mong Lon
Chew, a single woman, as to an undivided one half
interest, as tenants in common
c/o Joe Beatty Real Estate- (Gary Beck)
7172 Anjou Creek Circle
San Jose, CA 95120
(408) 268-4062
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
Purchase Agreement Chew Page 8
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
contained in this Agreement shall excuse either party from giving
oral notice to the other when prompt notification is appropriate, but
any oral notice given shall not satisfy the requirement of written
notice as provided in this Section.
10 .06 Severability . If any of the provisions of this Agreement
are held to be void or unenforceable by or as a result of a
determination of any court of competent jurisdiction, the decision of
which is binding upon the part,ies,,__the-parties agree that such
determination shall not result in the -nullity or unenforceability of
the remaining portions of this Agreement . The parties further agree
to replace such void or unenforceable provisions which will achieve,
to the extent possible, the economic, business and other purposes of
the void or unenforceable provisions .
10 .07 Counterpagts . 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 Agreement . This Agreement is intended by the
parties to be the final expression of their agreement; it embodies
the entire agreement and understanding between the-parties hereto; it
constitutes a complete and exclusive statement of the terms and
conditions thereof, and it supersedes any and all prior
correspondence, 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 .
Purchase Agreement - Chew Page 9
10 . 11 Survival of Covenants . All covenants of District or I
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
ar parties hereto and their respective heirs, successors and permitted
assigns .
10 . 12 Assignment . Except as expressly permitted herein, neither
party to this Agreement may assign its rights or obligations under
this Agreement to any third party without the prior written approval
of the other party.
10 . 13 Further Documents and Acts . Each of the parties hereto
agrees to execute and deliver such further documents and perform such
other acts as may be reasonably necessary or appropriate to
consummate and carry into effect the transactions described and
contemplated under this Agreement .
10 . 14 Binding Qn Successors and Assigns. This Agreement and all
of its terms, conditions and covenants are intended to be fully
effective and binding, to the extent permitted by law, on the
successors and permitted assigns of the parties hereto .
10 . 15 Broker 's Commission. 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 Exchancg,, 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.
Purchase' Agreement Chew Page 10
10 . 17 Captions . Captions are provided',herein for convenience
only and they form no part ofthis 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 References . In this Agreement, if it be
appropriate, the use of the singular shall include the plural, and
the plural shall include the singular, and the use of any gender
shall include all other genders as appropriate .
11 . Acceptance. Provided that this Agreement is signed by Seller
and returned to District on or before December 11, 1991 District
shall have until midnight December 18, 1991 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.
I
Purchase Agreement - Chew 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: Mong Kwock Chew as Co-
Trustee of the Chew 1973
Family Trust
Date :
Stanley Norton, District Counsel SELLER
I
ACCEPTED FOR RECOMMENDATION:
Mong Lon Chew
L. Craig Britton, SR/WA
Land Acquisition Manager Date :
I
APPROVED AND PT
SELLER
President, Board of Directors Naomi Elizabeth Chew as Co- j
Trustee of the Chew 1973 j
Family Trust
Date :
ATTEST:
I
District Clerk
Date:
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-147
(Meeting 91-38
December 18 , 1991)
REPORT
December10 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: C. Britton, Land Acquisition Manager
SUBJECT: Proposed Annexation to the District of Lands Adjacent to Skyline
Ridge Open Space Preserve and Long Ridge Open Space Preserve
Recommended_ Action: Adopt the attached 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 1991 - Skyline Area) .
Discussion: On December 13, 1991 escrow closed on the Slate Creek
additions to Long Ridge Open Space Preserve (see report R-91-131 dated
November 7 , 1991) . Of these four parcels, three parcels totaling 114.42
acres, lie outside the District boundaries, but within the District ' s
sphere of influence.
As in the previous cases , annexation of these parcels to the District
would obviate potential challenge to the enforceability of District
ordinances on the basis of the land being outside District boundaries.
Annexation would also place District-owned land within District
boundaries , as would normally be expected in the long-term.
In addition, there are 229.49 acres of District fee-owned land that are
part of Skyline Ridge Open Space Preserve. This acreage was deleted from
a 1985 annexation request because you were holding public workshops on
annexation policies (see memorandum M-85-13 dated January 16 , 1985) .
Because of the close proximity of these parcels to the Slate Creek
property proposed for annexation, it is timely to resubmit the District
proposal for annexation of these additional parcels. There are four
privately-held parcels in this same area whose owners have previously
objected to annexation. These parcels are not included in the request, in
accordance with your policies regarding annexation adopted February 11 ,
1987 .
According to commission policy, the Santa Clara County Local Agency
Formation Commission (LAFCO) will first forward the application to San
Mateo County LAFCO for review and comment. Then, if Santa Clara County
LAFCO approves the annexation, the matter will be returned to you for a
hearing and final decision.
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:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
RESOLUTION NO.
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 1991 - SKYLINE AREA)
WHEREAS , the Midpeninsula Regional Open Space District has
acquired property contiguous to District boundaries in San Mateo
County as shown on Exhibits "A" , "B" , and "C" affixed hereto, and
WHEREAS, the land along with other District lands, is acquired,
operated, and controlled by the District for public use,
enjoyment, and benefit, and
WHEREAS, on December 18 , 1991 the Board of Directors of the
Midpeninsula Regional Open Space District considered this matter
at a publicly noticed meeting at which the public had an
opportunity to speak,
NOW THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does request initiation
of annexation proceedings by the Santa Clara County Local Agency
Formation Commission of the land shown on Exhibits "A" and "B" .
BE IT FINALLY RESOLVED that the General Manager is authorized to
submit the application to the Santa Clara County Local Agency
Formation Commission and is designated as the District's
representative in the annexation proceedings.
"EXHIBIT A-l"
Annexation to: Midpeninsula Regional Open Space District
Name of annexation: Midpeninsula Preserves 1991 - Skyline Area (South)
Date: December 18, 1991
DESCRIPTION
All that certain land located in the County of San Mateo, State of
California, being more particularly described as follows:
Beginning at the point of intersection of Sections 34 and 35 of
Township 7 South, and Sections 2 and 3 of Township 8 South, Range 3
West, Mount Diablo Base and Meridian and thence commencing West along
the boundary line common to said Townships 7 South and 8 South and
along the Northerly boundary of the following described parcels :
(1) That certain parcel described in the Deed to Midpeninsula
Regional Open Space District recorded December 17 , 1991,
Recorder's Serial Number official records of
San Mateo County. ("Parcel A")
(2) That certain parcel described in the Deed to Midpeninsula
Regional Open Space District recorded December 17 , 1991,
Recorder' s Serial Number official records of
San Mateo County. ("Parcel B")
To the Northwesterly corner of said Parcel "B" , thence along the
Westerly line of said Parcel "B" to the Southwesterly corner thereof,
thence along the Southerly boundary of said Parcel "B" . said Parcel
"A" and the Southerly boundary of that certain Parcel described in the
Deed to Midpeninsula Regional Open Space District recorded on December
13, 1991, Recorder' s Serial Number . official records of
San Mateo County (Parcel "C") , to the boundary of the Midpeninsula
Regional Open Space District as established by Certificate of
Completion filed for record on November 23, 1987, Recorder' s Serial
Number 87177481, official records of San Mateo County, thence along
said District boundary line in a Northerly direction to the Northeast
corner of said Parcel "C" , also being said common boundary between
said Townships 7 South and 8 South, thence Westerly along said common
boundary to the Point of Beginning.
"EXHIBIT A-2"
Annexation to: Midpeninsula Regional Open Space District
Name of annexation: Midpeninsula Preserves 1991 - Skyline Area (North)
Date: December 18, 1991
DESCRIPTION
All that certain real property situated in the State of California,
County of San Mateo described as follows:
Beginning at the Northwest corner of Section 27 , Township 7 South,
Range 3 West, M.D.B. and M. which corner is the common corner to
Sections 21, 22, 27 and 28;
thence proceeding from said common corner along the Northerly
line of said Section 27 S 880 14 ' 07" E 2521 .23 feet, more or less, to
the Northeast corner of the Northwest X of said Section 27 as said
corner is shown on that certain Parcel Map entitled "Parcel Map, being
a resubdivision of Parcel "B" shown on the Map recorded in Volume 18
of Parcel Maps, at Page 3, San Mateo County, State of California, "
filed for record October 1, 1974, in Book 26 of Maps at Page 14 ,
Records of San Mateo County;
thence proceeding along the Easterly line of said Northwest X of
Section 27 S 40 18 ' 00" E 2557.13 feet more or less to the center
point of said Section 27 as said center point is shown on said Parcel
Map recorded on October 1, 1974;
thence from said center point S 880 31 ' 24" W 2452.77 feet more
or less to the Northeast corner of the Southeast X of said Section 27;
thence S 10 32 ' 47" W 2723.96 feet more or less along the
Easterly boundary of said Section 27 to the center line of the living
running stream of Afton Water;
thence West by Northerly following the meanderings of the low
water channel of said Afton Water descending the center of ripples,
pools, rapids, cascades and waterfalls constituting said stream to the
Westerly boundary of Parcel "C" as said parcel is shown on that
certain parcel Map filed for record on April 13, 1973, in Book 20 of
Parcel Maps, at Page 26, Records of San Mateo County;
thence proceeding along the Easterly boundary of said Parcel "C" ,
N 40 18 ' 0011 E 684 feet more or less to the Southeasterly corner of
Parcel Two (2) as shown on that certain Parcel Map filed October 1,
1974 in Book 26, Parcel Maps of San Mateo County, Page 14; thence
along the Southwesterly line of that parcel described in Recorder's
Serial Number 84059149, Official Records of San Mateo County N 510 31 ,
07" W 3064. 87 feet to a point in the Westerly boundary of said Section
27; thence along said Westerly boundary of Section 27 N 40 59' 23" E
1385.77 feet more or less to the Point of Beginning.
MONTE
PEN SPACE eAiS Svc
—SPACE
br%TLINL RIDGE
OPEN SPACE PRESERVE
IISTA P
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erma
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SANTA CLARA COUNTY.
PROPOSED ANNEXATIO UPPER STEVENS CREEK
4- 45
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LONG RIDGE
PARCEL.
OPEN SPACE PRESERVE
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7
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PROPOSED ANNEXATION-MIDPENINSULA REGIONAL OPEN SPACE DISTRICT mm
MIDPENINSULA PRESERVES 1991-SKYLINE AREA co
PROPOSED AREA OF ANNEXATIONrw
MROSD LANDS
MROSD BOUNDARY f'.
N
SPHERE OF INFLUENCE
OTHER PUBLIC LANDS 'R
SCALE l'=2000'-0' NORTH
• I ).S.D. BOUNDARY
AS ESTABLISHED ON
NOVEMBER 2 1976.
POINT OF BEGINNING
34A 35 ElfT. 7S
- e3 _
085-080-130
08 5-160-090 085-160-100
MROSD MROSD-== MROSD
(34.42 Acres) ; (40 Acres) (40 Acres)
PARCEL B _ PARCEL A =PARCEL C I
IM.R.O.S.D. BOUNDARY AS ESTABLISHED
BY CERTIFICATE OF COMPLETION FILED
• FOR RECORD ON NOVEMBER 2a 1987,
IRECORDER'S SERIAL NUMBER 871 T7481,
OFFICIAL RECORDS OF SAN MATEO COUNTY,
G6 i
Jam. }• ~eiOL rR(S[ME '� = °o
PoAola r ror s¢ 1 Los
Altos
sly L0— ~ Va�Leyb •Q s�El. 'E. '
LosLEGEND
= srr pO s Altos cuv
� � •{ 3 � Hills�� '°E PARCEL A:DEED TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
GCS 7 RECORDED DECEMBER 1 a 1 M,RECORDER'S SERIAL
,,,_ 3 "0: ,,.ys NUMBER ,OFFICIAL RECORDS OF
. ft• 4-_\. s `}l SAN MATEO COUNTY.
M.R.O.S.D.
_ BOUNDARY �„ PARCEL B:DEED TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
° RECORDED DECEMBER 1al 9W,RECORDER'S SERIAL
+a
NUMBER OFFICIAL RECORDS OF
� YONT f
' La Honda ' y s Perm. SAN MATED COUNTY.
Ip iMCe _ 'ef" srr[e PARCEL C:DEED TO MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
'yME Rr.r
RECORDED DECEMBER 1 a 19W,RECORDER'S SERIAL
19 NUMBER ,OFFICIAL RECORDS OF
"6'sre}sas
LONG RIDDE O.£N _ +r SAN MATEO COUNTY.
ATOGA
X 44 R� iFe 1
STATE
ANNEXATION PARCMC
ELS .
Exhibit B -2
PROPOSED ANNEXATION
To: Mldpenlnsula Regional Open Space District
Entitled: Mldpenlnsula Preserves
1991 - Skyline Area
December 1991
By: J. Lew Scale: I" =1 DOD'-O'
1
•
Point
of
Beginning
2 22 S 88 14' 07' E 22 23
28 27 • • . . � . ...Fe • • •
2521.23' _ — 27 26
w
N 080-390-060
oy LO MROSD =_ == :o
LO CO
(74.34,Acres) _ :Z0
100' PARCEL D ;w M.R.O.S.D.
• ••••- _ N BOUNDARY AS ESTABLISHED
... .?. ..................... (NOT INCLUDED)
080-390-120 PARCEL F ON NOVEMBER 2, 1976
MROSD _
SSA�,3r" (53.57 Acres) •r,
0
080-390-110 — �, -- S_88 31....W .
MROSD = 24527T
(5.83 Acres)
PARCEL E
080-400-020
MROSD 4
•v
(95.75 Acres) ---_=
PARCEL G — N r
N,- 0�,_ _- •
C WIINDE.EACF , , �qO¢
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AF BE E-0 c s ' •p & �FA
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fir! 3•` s� Altos a@cur.
1 j11,Hills,. GSA
M.R.O.S.D.
• 'Kf ; BOUNDARY �*
7 OAEE \PAMK CNES£PVF...&.ik.WMIDN.LL I
2 k4�:, I/S'IJ /AERne AKA,
E'y_ EOE�SH OS� OPEN EMOE PAfS<N14P11ESFH14
COAL N P 6�'-� --------
SPACE vEl 1 --
mAN NmcE `. 1. MONTE- ,
_-a Honda PEN SPACE BELL--t ' Perma
• OPEN
:•C I PRESfNVE t/NF KDG i SPACE
�! +EP-iAG_ .EN SPACE
f GWVF P .FSEPYF PRESERVE
nO L 'ENE yco P, , - -f - , EXHIBIT B - 3
—Aft _i�nE?FEp 4 1. l T Q.. '
PROPOSED ANNEXATION
` � •___.�.- J- e L R�o(R OPENORr
NN N :�WS°" S
Pfsu ��aK •e•: CEPR ERPf To: Midpeninsula Regional Open Space District
AEXATIO ` � ��°°• � `oKfN SPACE �9E,
V .01 `J KArSEKVEEL w, Entitled: Midpeninsula Preserves
PARCELSATOGA
COUNTY PARKS •: . 1991 - Skyline Area
i
�oA$FLf ROCK,
IfTjTE PARK �_-
pry'ti (YNO}EY.E.I.d..f�% EL Date: December 1991
Scale: 1• 10000E
=AIATEO�--_ Co. - -1- C` �M E By: J. Law =
I
{
I
1
"]�T C"
I
Antiexation to: Midpeninsula B@Mgo g Open Space District i
Name of annexation: nA2@o=da Preserves 1991 - Skyline Area j
Date: December 18, 1991
FY 1991-92
Wibi.t B Fee 1lowww is Assessed
Imp Label Ower Paroel ND. Acres Open Space Preserve Fbsaer Ower Value
A MROSD 085-1WIDO 44 WV Ridge Lalndre $ 148,959 '
B MROSD 085-160-M 40 WV Ridge hiionog 4,594
II
1
C MROSD 085-080-130 34.42 Long Ridge Peninsula Open
Space 'Trust 103,801*
D MROSD 080-390-060 74.34 Skyline Ricer Quinn 91,344
B MROSD 080-390-011 5.83 Skyline Ridge Quinn 7,164
F MROSD 080-390-120 53.57 Skyline Ridge 65,810
G HROSD 080-400-020 95.75 Skyline Ridge Peninsula Open
Space Trust
Urcm Daniell) 6,008
7btal
Acres 343.91
*Ewaption granted
i
I
i
II
Open space
--------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-151
(Meeting 91-38
December 18 , 1991)
REPORT
December 12, 1991
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: A. Cummings, Environmental
Analyst
SUBJECT: Habitat Conservation Fund Application for the Jacques
Ridge Corridor Acquisition Project
Recommended Action: Adopt the attached Resolution of the Board
of Directors of the Midpeninsula Regional Open Space District
Approving the Application for Habitat Conservation Funds for the
Jacques Ridge Corridor Acquisition Project
Introduction
The California Wildlife Protection Act of 1990 (Mountain Lion
Initiative) established the Habitat Conservation Fund (HCF) . The
HCF, in turn, provides $2 million annually from July 1, 1990 to
July 1, 2020 to the California Department of Parks and Recreation
for the Local Agency Grants Program. The Local Agency Grants
Program provides 50% matching grants to local agencies so they
may acquire, restore, or enhance wildlife habitat, or make
available trails and programs that bring urban residents into
park and wildlife areas.
The funds are available for projects in six categories. Four of
the six categories will be funded each year on a rotational
basis. The first four categories listed below are eligible for
funding in fiscal year 1992/1993. Categories 3,4, 5, and 6 will
be funded for fiscal year 1993/1994. The application deadline
for this first funding cycle is December 20, 1991 . The six
eligible project categories are:
1. Deer/lion habitat including oak woodlands
2. Habitat for rare, endangered, threatened or fully
protected species
3. Wetland Habitat
4. Riparian Habitat
5 Habitat for spawning and rearing of Anadromous Salmonids
and Trout
6. Trails/programs
The funds will be divided equally between the project categories.
Normally each category would be allocated $500, 000. However,
this year a total of $4 million is available, resulting in an
allocation of $1 million for each category. The project must
start within three years of the date the grant funds are
appropriated in the state budget.
R-91-151 Page 2
All agencies that manage lands acquired with Habitat Conservation
Funds shall prepare, with full public participation, a management
plan for lands that have been acquired. The plan shall
reasonably reduce possible conflicts with neighboring land use
and land owners, including agriculturalists. The plan shall
comply with the Environmental Quality Act.
Project Description
The Midpeninsula Regional Open Space District proposes to apply
to the Habitat Conservation Fund Program for a $1 million grant
to help acquire approximately 904 acres of land located on both
sides of Hicks Road in the Jacques Ridge area of unincorporated
Santa Clara County. The property is currently threatened with
development. The land forms a wide corridor connecting the
6,005-acre Mt. Umunhum area of Sierra Azul Open Space Preserve
with the 3,751-acre Almaden Quicksilver County Park, creating a
10,660-acre block of natural open space.
The property is outstanding deer and mountain lion habitat. it
supports an unusual diversity of undisturbed plant communities
including oak woodland, bay forest, grassland, serpentine
chaparral , and riparian forest. Much of the land is steep,
impenetrable, and without roads. Deer and other wildlife are
abundant. Numerous game trails cross the property connecting
with the wildlands on either side. About 30 mountain lion
sightings have been reported in the vicinity in the past 6 years,
including a female with two cubs this past spring.
Jacques Ridge runs northwest-southeast through the center of the
property, with Los Capitancillos Creek to the east and Jacques
Gulch Creek to the west. Rincon and Guadalupe Creeks , both all-
year creeks draining the Mt. Umunhum area, flow into Jacques
Gulch Creek. A small population of rainbow trout inhabit the
headwaters of these creeks. There is a well-developed riparian
corridor in Jacques Gulch, thick with sycamore, alder, oak, bay,
and willow. The creek parallels Hicks Road to the southern tip
of the property, where it turns and flows into Almaden Reservoir.
The top of Jacques Ridge is relatively level, covered with widely
spaced old oaks interspersed with meadows. Parts of the property
are underlain with serpentine, a rare rock in California, often
associated with rare plants and animals. Several species of rare
plants have been found on serpentine in neighboring Almaden
Quicksilver County Park, and on private property to the
northwest; it is likely some of them are also present on the
property. The federally endangered Bay Checkerspot butterfly may
also be present on the property.
The fact that the property adjoins two parks also makes it ideal
for a trail connection between them. The trail would become part
of the regional San Francisco Bay Area Trail system. Plans for
the Ridge Trail show it passing through the property, connecting
the Coyote Creek Park Chain with the Sierra Azul Range. The
R-91-151 Page 3
proximity to Hicks Road offers the potential for creating a major
staging area and trailhead on the property for access to the
thousands of acres of surrounding public lands. Santa Clara
County supports the project and would assist the District in
acquiring and managing the land. Acquisition would prevent
degradation of the lands exceptional wildlife and recreational
value. Building houses here would severely impact a large block
of wilderness.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
NIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY
GRANT PROGRAM - FISCAL YEAR 1992-1993 UNDER THE
HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA
WILDLIFE PROTECTION ACT OF 1990 FOR THE JACQUES RIDGE
CORRIDOR ACQUISITION PROJECT
WHEREAS, the people of the State of California have enacted the
California Wildlife Protection Act of 1990, which provides funds to the State
of California for grants to local agencies to acquire and/or develop
facilities for public recreational and fish and wildlife habitat protection
purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility for the administration of a portion of the program within
the State, setting up necessary procedures governing application by local
agencies under the program; and
WHEREAS, said procedures established by the State Department of Parks
and Recreation require the applicant to certify by resolution the approval of
application(s) before submission of said application(s) to the State; and
WHEREAS, said applicant will enter into an agreement with the State of
California for acquisition or development of the project(s) :
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby:
1. Approves the filing of an application for the Habitat Conservation Fund
Grant Program under the California Wildlife Protection Act of 1990 State
grant assistance for the above project; and
2. Certifies that said applicant understands the assurances and
certification in the application form; and
3. Certifies that said applicant has or will have available prior to
commencement of any work on the project included in this application,
the required match; and will have sufficient funds to operate and
maintain the project; and
4. Appoints the General Manager as agent of the District to conduct all
negotiations, execute and submit all documents, including, but not
limited to applications, agreements, amendments, payment requests and so
on, which may be necessary for the completion of the aforementioned
project.
v s.
0
tL
<, - RINCON
CREEK'
ALMADEN QUICKSILVER t1
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Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-149
(Meeting 91-38
December 18 , 1991)
REPORT
December 12 , 1991
TO: Board of Directors
FROM: C . Britton, Assistant General Manager
SUBJECT: Appointment of 20th Anniversary Committee
Recommended Action:
Approve the president ' s appointments to the 20th Anniversary Committee.
Discussion: At your December 11 meeting, you approved the appointment of a
20th Anniversary Committee to commence working immediately with staff and
referred the 20th anniversary in the Public Communications Committee report
to this new committee. President Hanko stated that she would appoint the
20th Anniversary Committee at your December 18 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:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
i
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-146
(Meeting 91-38
December 18 , 1991)
REPORT
December 10 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY & PREPARATION: C. Britton, Acting Land Manager;
C. Bruins , Administrative Assistant
SUBJECT: Solicitation of Bids for Picchetti Ranch Barn
Restoration Project
Recommended Action: Authorize staff to solicit competitive bids
from independent contractors for the Picchetti Ranch barn
restoration project.
Discussion: In November , 1988 , you approved a grant application
for the restoration project at Picchetti Ranch (see report R-88-
139 dated November 10 , 1988) . The District was awarded a
$192, 000 grant from the state History and Archaeology Grants
Program in July, 1989. Funding was provided by the California
Wildlife, Coastal, and Park Land Conservation Act of 198$
(Proposition 70) . The grant will be used to restore the barn
across from the winery building at Picchetti Ranch. The historic
character of the barn will be retained, and existing materials
will be used when possible.
This project is part of a larger historic preservation effort at
Picchetti Ranch. Restoration of the winery building is now
complete. The fermentation building restoration is still in
progress. Other structures scheduled for restoration include the
homestead house, main house roof , blacksmith shop, stable, and
garage. These projects are the responsibility of the current
lessees, Ronald and Rolayne Stortz.
Plans and specifications for the barn restoration have been
prepared, and staff anticipates soliciting bids in January, 1992.
Staff will return to you with bid results and a recommendation
for an award of contract.
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:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
DATE: December 18, 1991
SUBJECT: F. Y. I .
(ap!su! s1iO4aQJ
iSZ kanuor 6uiuui6a9 ploay pasinoX alow
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• • • 4uaWUOJInua s,aaad
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9ulwJ040P 04 ssaDoid
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116 New Montgomery,Suite 640
San Francisco,CA 94105
(415) 543-4291
(408) 983-0539
+ • + • + r + r 1 992is the action year for regional and state-
+ + + + wide growth management. Governor Wilson has
made it a top priority. Republican and Democratic
legislators have already drafted a variety of bills that
• • could radically transform the way we manage
California's growth and protect our environment.
IP
Yet Bay Area conservationists have barely begun to
• organize to make ourselves an influential part of this
process. As a result,we may find ourselves locked out
• • of some crucial sessions that determine the final form
of regional or state growth managment systems. And
•
that could spell tragedy for our efforts to protect
wetlands,ridgelands,prime farmlands,and to encour-
age more compact,environmentally sustainable devel-
opment in our cities.
To make sure this scenario doesn't become
reality, Greenbelt Alliance is sponsoring a
rr rr ► r
r + r special day-longseminar for conservation-
ists from all nine Bay Area counties to
r r r + r bring everyone up-to-speed on what's
happening in Sacramento and how we
r r can get organized to ensure that any
r + r ++ new growth management system
works for the environment, not
against it.
This is designed to be a working seminar, in which
we'll begin to develop, through intensive workshops
and strategy sessions, an environmental agenda for
growth management and an action network to ensure
• ' our voices are heard — and respected in Sacra-
mento.
Space is limited, so please get your registration form
today,by calling Greenbelt Alliance at 415/543-4291
or 408/983-0539.
P E F OR 0 P E\ S P A C E
Open Space
a
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
M-91-09
(Meeting 91-38
December 18 , 1991)
MEMORANDUM
December 18 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Updated Dedication Status Summary
Attached is a lands table updated from the version you considered
at your December 11 , 1991 meeting (see Report R-91-138 dated
November 26 , 1991) . The update includes the change of status of
the three newly dedicated parcels and an additional ten acres
that was missing from the La Honda Creek Open Space Preserve
total . The District now has 34 , 285 acres of land rights !
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:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Richard Bishop
File: Run Date: Table 1. DEDICATION STATUS SUMMARY^
LANDS11 15-Dec-91
Acres Acres Acres Acres Acres Acres Acres Acres Acres
Acres Acres Acres Fee Easement Easement Easement Easement Fee, Ease- Fee, Ease- Fee, Ease- Fee, Ease-
Fee Fee Fee Dedicated i 6 Lease 3 Lease d Lease 3 Lease ment d Lease Pent 6 Lease ment E Lease ment 6 Lease
Preserve Area Dedicated- Undedicated Intended Undedicated Dedicated Undedicated Intended Ded. S Unded. Dedicated Undedicated Intended Ded. 3 Unded.
Briggs Creek 0 1 0 1 0 y 0 0 0 0 1 0 1
Coal Creek 386 107 107 493 0 0 0 0 386 107 107 493
Edgewood County Park 0 0 0 0 468 0 0 468 468 0 0 468
El Cate de Madera Creek 2788 0 0 2788 0 0 0 0 2788 0 0 2788
El Sereno 985___ 98 0 1083 0 0 0 0 985 98 0 1083
Foothills 201 10 0 211 0 0 0 0 201 i0 0 211
Fremont Older 735 0 0 735 0 4 0 4 735 4 0 739
La Honda Creek 47 1995 558 2042 0 0 0 0 47 1995 558 2042
Lang Ridge 802 220 206 1022 182 13 0 195 984 233 206 1217
Los Trancos 274 0 0 274 0 0 0 0 274 0 0 274
Monte Bello "Monte Bello Road' __ _0 _ 101 61 101 - ----0 25 25 25 0 126 86 126
Monte Bello Page Mill Road 2624 8 8 2632 0 0 0 0 2624 8 8 2632
Monte Bello Picchetti Ranch 308 0 0 308 0 0 0 0 308 0 0 308
Monte Bello (All) (2932) (109)- (69) (3041) (0) (25) (25) (25) (2932) (134) (94) (3066)
Pulgas Ridge 293 0 0 293 0 0 0 0 293 0 0 293
Purisima Creek Redwoods 2543 80 77 2623 0 10 0 10 2543 90 77 2633
Rancho San Antonio - "Rancho San Antonio" -- 892 80 0 972 0 - - 0 0 0 892 80 0 972
Rancho San Antonio Windmill Pasture 880 20 0 900 1464 0 0 1464 2344 20 0 2364
Rancho San Antonio (All) (1772) (100) (0) (1872) (1464) (0) (0) (1464) (3236) (100) (0) (3336)
Ravenswood 274 - 0 0 274 98 0 0 98 372 0 0 372
Russian Ridge "Sorel Hill" 1455 0 0 1455 0 0 0 0 1455 0 0 1455
Russian Ridge Mt. Melville 44 49 0 93 0 0 0 0 44 49 0 93
Russian Ridge (All) (1499) - -.._. (49) (0) (1548) (0) (0) _ (0) (0) (1499) (49) (0) (1548)
Saratoga Gap 492 206 0 698 2 0 0 2 494 206 0 700
Sierra Azul Cathedral Oaks 163 1026 23 1189 0 9 0 9 163 1035 23 1198
Sierra Azul - Kennedy Limekiln 2112 - 139 0 2251 68 5 5 73 2180 144 5 2324
Sierra Azul Mt. Umunhum 142 5843 52 5985 0 20 0 20 142 5863 52 6005
Sierra Azul "Summit Road' 0 0 0 0 0 20 0 20 0 20 0 20
Sierra Azul__ ___.._ .(All) __(2417).__._..___(7OO8)_ (75) ___ (9425) t68) (54) (5) _ (122)_ _ t2485) (7062) (80) (9547)
Skyline Ridge 1119 54 0 1173 81 0 0 81 1200 54 0 1254
Stevens Creek-Shoreline 54 0 0 54 1 0 0 1 55 0 0 55
St. Joseph's Hill --170 3 3 173 94 0 0 94 264 3 3 267
Teague Hill 0 624 0 624 0 0 0 0 0 624 0 624
Thornewood 87 40 0 127 5 10 0 15 92 50 0 142
Windy Hill 1129. _. __... 2- 0 1131 0 _ 1 0 1 1129 3 0 1132
All 20999 10706 1095 31705 2463 117 30 2580 23462 10823 1125 34285
^Includes only those interests acquired (title or lease recorded or unrecorded lease fully executed) an or before: 15-Dec-91
Page 1
i
Claims No. 91-23
Meeting 91-38
Date: Dec. 18, 1991
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
---------------------------------e-------------------------------------_---_------------------------
1709 128.38 Matthew Bender & Company Resource Materials
1710 950.00 Lou Bordi General Engineering Grading
1711 241.79 California Water Service Company Water Service
1712 94.02 Clark's Auto Parts/Machine Shop Vehicle Parts
1713 9.36 Mountain View Garden Center Base Rock
1714 101.54 California Chamber of Commerce Resource Documents
1715 26,073.09 Collishaw Construction, Inc. Bridge Project
1716 75,000.00 Continental Land Title Company Land Purchase--Chew
1717 23.17 Crest Copies, Inc. Map Duplication
1718 84.59 EMED Company Inc. Signs
1719 2,613.00 Flinn, Gray & Herterich Additional Insurance--Distel
1721 472.24 Hertz Equipment Rental Equipment Rental
1722 113.50 JCP Engineers & Geologists, Inc. Inspection Services
1723 1,288.18 Jeda Publications Brochure Printing
+II 1724 281.26 Los Altos Garbage Company Dumpster Rental
j 1725 350.00 NRPA Training Registration---D.Topley
1726 160.27 Noble Ford Tractor, Inc. Equipment Parts
1727 291 .76 Office Club Office Supplies
1728 1,112.57 Orchard Supply Hardware Field Supplies
f 1729 14.55 Pacific Bell Telephone Service
1730 351.32 Page & Turnbull, Inc. Architectural Services
1731 41.09 Peninsula Blueprint, Inc. Bluelines
1732 22.93 Pitney Bowes Credit Corporation Equipment Tax
1733 125.03 Pitney Bowes Corporation Postage Meter
1734 709.60 Rich's Tire Service Tires
1735 947.43 Roy's Repair Service Vehicle Repairs
1736 103.00 Jane Saltman Consulting Services
1737 1,529.92 San Jose Mercury New Advertisement
1738 860.00 Santa Clara County LAFCO Annexation Fees
1739 814.24 Santa Clara County Sheriff's Patrol Services
Department
1740 52.57 Sears Equipment Part
1741 1,584.00 Signet Testing Lab Testing Services
1742 54'.18 Skyline County Water District Water Service
1743 452.54 Smith Equipment Equipment
1744 4,573.69 The Steinberg Group Professional Services
1745 1,156.64 TRW Property Data Products Assessor's Records
1746 222.60 Valley Safety Supply Company Field Supplies
1747 3,950.00 Van der Steen Engineering Grading
1748 54.02 Valley Tool& Manufacturing Field Supplies
Company, Inc.
1749 31.49 WearGuard Uniform Expense
1750 190.00 Western Allied Service Company Furnace Repair
1751 580.00 Whitmore, Johnson & Bolanos Legal Services
1752 139.48 Yardbird Equipment Sales Uniform Expense
1753 505.74 Com Systems Telephone Service
1754 270.08 Petty Cash Local and Out-of-Town Meeting Expenses,
Field and Office Supplies and Film
Opera Space
j
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-37
REGULAR MEETING
BOARD OF DIRECTORS
December ll 1991
MINUTES
I . ROLL CALL
President Nonette Hanko called the meeting to order at 7 : 35
P.M.
Members Present: Nonette Hanko, Robert McKibbin, Betsy
Crowder, Ginny Babbitt, and Richard Bishop. Katherine Duffy
arrived at 7 :46 P.M.
Member Absent: Teena Henshaw.
Personnel Present: Herbert Grench, Craig Britton, Mary
Hale, Jean Fiddes , John Escobar, Alice Cummings , Stanley
Norton, and Joan Combs.
II . APPROVAL OF MINUTES
November 13 1991
Motion: G. Babbitt moved that the Board approve the
minutes of November 13, 1991 . R. McKibbin
seconded the motion.
Discussion: In response to a question from B.
Crowder concerning discussion of Action Plan items
as noted on page 5, paragraph 6 of the minutes , N.
Hanko said that discussion of the items could be
placed on a future agenda in January. R. McKibbin
stated that the Board needs an opportunity to
discuss Action Plan items before the Budget
Committee meets.
The motion passed 5 to 0.
November 20 1991
Motion: R. Bishop moved that the Board approve the minutes
of November 20, 1991 . G. Babbitt seconded the
motion. The motion passed 5 to 0.
201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 . Phone:(415)949-5500 ° FAX:(415)949-5679
General Manager:Herbert Grench Board ol Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Meeting 91-37 Page two
III . WRITTEN COMMUNICATIONS
J. Combs stated that the Board had received the following
written communications :
1) a letter from Chris Santeramo, 1382 Page, #2 , San
Francisco, urging the Board to consider purchasing
Devil ' s Canyon;
2) two letters , dated November 20 , 1991 , from H.
Haeussler, urging clearer trail signing on District
preserves and suggesting a publication date be added to
the Sharing the Trails brochure, and a third letter,
dated November 30 , 1991 , urging the District not to
proceed with the formation of an assessment district.
J. Combs stated that responses to the first two letters
were drafted for Board approval . C. Britton noted that
in the draft response to Mr. Haeussler ' s letter, the
words "Many of" should be inserted at the beginning of
the next to last sentence in paragraph 12, and the word
"most" should replace "all" in the first sentence of
paragraph 2. H. Hanko, with the Board' s concurrence ,
approved sending the replies .
N. Hanko stated that she had received a letter from the
Central California District Council of Carpenters . C .
Britton suggested that this item be considered under
Oral Communications .
IV. ORAL COMMUNICATIONS
Mel Sakata, 365 Woodview Drive, Morgan Hill , said that he
represented the Central California District Council of
Carpenters and reviewed the letter he had sent to the
District concerning rejection of the low bid by E. W.
Thorpe , Inc. and contract award to Roma Construction
Corporation for the District' s new office building. Mr.
Sakata said that the Council challenged the responsibility
of Roma Construction Corporation as a contractor and
requested that the contract be awarded to E. W. Thorpe, Inc.
S . Norton said that the Board had determined a material
deficiency in the Thorpe bid and had approved in writing the
next highest bid. C . Britton reviewed the bid opening
process , and said that a subcontractor list had not been
included in the Thorpe bid, to which other contractors
present had objected.
Mr. Sakata said that the California Public Contract Code
requires public agencies to award contracts to the lowest
Ii
Meeting 91-37 Page three
bidder, and said that rejection of the Thorpe bid was an
error on the District ' s part. He said that the Code does
not require the rejection of an original bid because of a
partial subcontractor list.
S . Norton stated that there is no requirement for the Board
to reconsider its decision and award the contract to E. W.
Thorpe, Inc. and that there had been no violation of the
law.
Mr. Sakata said that the Council is prepared to file legal
action against the District. C . Britton stated that the
matter should be discussed in Closed Session because of the
possibility of legal action by the Council .
Motion: R. Bishop moved that the letter from the District
Council of Carpenters be referred to staff for
consideration and response . M. Hanko seconded the
motion. The motion passed 6 to 0 .
Gibson Anderson, 19571 Farwell Avenue , Saratoga, said that
he represented the Committee for Open Space Access , which is
interested in raising funds and providing volunteer labor to
provide an alternate access trail to El Sereno Open Space
Preserve.
V. ADOPTION OF AGENDA
H. Grench suggested postponing discussion of the first
agenda item in case T. Henshaw was able to attend a later
portion of the meeting. N. Hanko stated the Board' s
concurrence to discussion of items 2 through 7 before
discussing item 1 .
VI. BOARD BUSINESS
A. Land and Water Conservation Fund Application for the
Windy Hill Public Access Project {Report R-91-11 dated
December 4, 1991)
A. Cummings reviewed the public access project, noting
that the project had a total cost of $260 , 000, half of
which will be reimbursed upon completion. She said
that undergrounding of utilities , required by the Town
of Portola Valley, was projected to cost $200 , 000 , and
was not included as part of the grant project .
Meeting 91-37 Page four
Motion: B. Crowder moved that the Board adopt
Resolution 91-46 , a Resolution of the Board
of Directors of the Midpeninsula Regional
Open Space District Approving the Application
For Land and Water Conservation Funds for the
Windy Hill Public Access Project. R.
McKibbin seconded the motion. The motion
passed 6 to 0.
B. Resubmittal of Land and Water Conservation Fund
Application for the Saratoga Summit Gateway Acquisition
Project (Report R-91-142 dated December4, 1991)
A. Cummings reviewed this acquisition project, which
would provide a site for a "Saratoga Summit Gateway"
visitor center. C. Britton noted that the land is
owned by Sempervirens Fund.
Motion: R. McKibbin moved that the Board adopt
Resolution 91-47 , a Resolution of the Board
of Directors of the Midpeninsula Regional
Open Space District Approving the Application
for Land and Water Conservation Funds for the
Saratoga Summit Gateway Acquisition Project.
B. Crowder seconded the motion. The motion
passed 6 to 0.
N. Hanko suggested consideration of the remaining
agenda items before the Public Communications Committee
report item, in case T. Henshaw was able to attend the
later portion of the meeting. The Board concurred in
this change to the agenda.
C. A2proval of Administrative Analyst Job Classification,
Job Specification,_ Salary Range, _TjjLjng of
Position (Report R-91-143 dated December 5 1991)
Motion: K. Duffy moved that the Board approve the
creation of an Administrative Analyst job
classification, approve the job specification
for the full-time position and assign it a
salary range of Step Number 235 to 260 with a
corresponding monthly salary of $2924 to
$3750 , and authorize staff to fill the
position as soon as possible. B. Crowder
seconded the motion. The motion passed 6 to
0.
J
Meeting 91-37 Page five
D. Dedication Status of District Lands (Report R-91-138
dated November 26, 1991)
Motion: K. Duffy moved that the Board adopt
Resolution 91-48 , a Resolution of the Board
of Directors of the Midpeninsula Regional
Open Space District Dedicating Interests in
Certain District Lands for Public Open Space
Purposes. R. McKibbin seconded the motion.
The motion passed 6 to 0.
E. Final Adoption of the Preliminary Use and Management
Plan for the Jones et al . Property Addition to La Honda
Creek Open Space Preserve {Report R-91-140 dated
November 26, 1991)
Motion: K. Duffy moved that the Board adopt the
Preliminary Use and Management Plan for the
Jones et al . property addition to La Honda
Creek Open Space Preserve, including the
naming, as contained in report R-91-116 , and
indicate its intention to dedicate the
property as public open space. R. McKibbin
seconded the motion. The motion passed 6 to
0.
F. Final Adoption of the Preliminary Use and Management
Plan for the Gazzano and Wooster Property Additions to
Purisima Creek Redwoods Open Space Preserve (Report R-j
91-139 dated November_25_, 1991)
Motion: K. Duffy moved that the Board adopt the
Preliminary Use and Management Plan for the
Gazzano and Wooster property additions to
Purisima Creek Redwoods Open Space Preserve,
including the naming, as contained in report
R-91-128 , indicate its intention to withhold
the Gazzano property from dedication as
public open space at this time, and indicate
its intention to dedicate the Wooster
property as public open space . R. McKibbin
seconded the motion. The motion passed 6 to
0.
Meeting 91-37 Page six
G. Public Communications Committee Report (Report R-91-144
dated December 5, 1991)
N. Hanko reviewed the two recommended actions in the
report, and said that the first recommended action
should be expanded to say: the full recommendations of
this Committee be tentatively adopted by the Board and
submitted to staff , to return with a schedule for
implementation. She said it was hoped that the
calendar could be prepared by staff for the second
meeting in January. She noted that the second
recommended action concerned appointment of a 20th
Anniversary Committee and consultant .
N. Hanko stated that each committee member would
present two sections of the committee report.
G. Babbitt presented the committee' s recommendations
for Public Communications: Direction for the 90 ' s .
She noted the items with the highest need for action:
increasing public awareness , more aggressive approach
by Public Communications , improving preserve maps, and
creating a multi-year strategy to promote a District
funding measure. K. Duffy suggested that item "a"
should be more District-specific; R. Bishop suggested
adding the words "and the open space district" .
R. McKibbin said that it might be difficult for staff
to include this item in the requested calendar , and
said that he would like staff to work on items ' c ' and
'd' as top priorities . K. Duffy said that item 'c ' ,
concerning a multi-year funding strategy, might not
belong in Public Communications, whose role was
promoting a funding measure , not creating strategy. R.
Bishop said that it was proper to put this item in the
Public Communications program, because of its support.
R. McKibbin suggested changing the wording to read,
"Assist in creating and implementing a multi-year
strategy to promote a District funding measure. "
B. Crowder reviewed the Public Outreach: Define and
Discuss section, noting that many additional
suggestions had been made by staff and public .
Discussion centered on public events . K. Duffy noted
that the recommendation to stage public events was
general and not specific, and asked if staff should
recommend the number of events to be held. N. Hanko
said that staff needs to suggest how to implement this
recommendation. H. Grench noted that several public
events have been held, including St. Joseph' s Hill Open
Meeeting 91-37 Page seven
Space Preserve and Purisima Creek Redwoods Open Space
Preserve events . He said that the recommendation
implied that no public events have been held.
R. McKibbin suggested that a regular yearly event would
generate publicity. M. Hale requested the Board to
give staff direction concerning focus . She said that
voters could be targeted with urban events, rather than
events held on preserves. Discussion centered on the
audience the District wishes to contact.
N. Hanko reviewed item 3 , Informational Programs :
Docents , Volunteers , Staff and Board. She said that
expansion of the docent and volunteer programs was
recommended. She said that the committee considered
the Adopt-A-Trail and Adopt-A-Preserve programs
important, and that these recommendations should be
further discussed. She noted strong support for a
variety of slide shows , and also for ranger appearances
during docent-led hikes. She said that the committee
recommended an increase in local official and press
contacts by Board members . G. Babbitt said that staff
would need time to assess these recommendations .
K. Duffy said that the Board needs to prioritize and
set goals .
Discussion centered on the desirability of increasing
the docent and volunteer programs . R. Bishop said that
he favored increasing the programs, and noted that an
increase would involve additional staffing.
G. Babbitt reviewed the committee ' s recommendations
concerning the 20th Anniversary. She said that, in the
interest of time, the committee recommended that an
anniversary committee be appointed immediately, and
that the committee be a Board committee with advisors 16
and subcommittees .
H. Grench noted that there was $20 , 000 in the budget
for 20th Anniversary projects through March 1992 .
Discussion centered on the hiring of a consultant for
ti
the 20th Anniversary. R. Bishop stated that he thought
the appointment of a consultant was premature. He said
that the Board and staff should decide on the type of
events wanted, then contract with a consultant for
specific events . Discussion centered on who would hire
the consultant and for whom the consultant would work.
R. McKibbin suggested adding "to work with staff" to
Meeting 91-37 Page eight
recommendation ' a. ' G. Babbitt suggested restating
recommendation 'b' to ,read "Consider appointing a
consultant to work with staff . "
Discussion centered on the makeup of the committee. M.
Hale requested that at least one member of the new
committee be a member of the Finance Committee because
of the tie-in with the anticipated capital campaign.
B. Crowder reviewed item 5, District Publications ,
stating that the committee favored more economical
means of distribution, i .e. , newsprint. R. Bishop felt
that it was not necessary to increase the frequency of
newsletters . He said that he was also opposed to the
use of newsprint as inappropriate for District
publications . He suggested deleting the word "more" in
item 'b' . He said that the Board needed to review the
impact on staff of increasing the frequency of
publications.
R. McKibbin suggested deferring any recommended actions
until staff reports back to the Board. N. Hanko said
that she felt tentative adoption of the recommendations
was important before staff commented.
Motion: K. Duffy moved that the recommendations in
the committee report be submitted to staff
for comment and evaluation and returned to
the Board. R. Bishop seconded the motion.
Discussion: N. Hanko said that the Board
needs to clarify its directions to staff . G.
Babbitt said that the broad picture needed to
be defined before consideration of detailed
suggestions . K. Duffy said that the Board
can decide which suggestions should be
implemented when it has decided on
priorities . The motion passed 6 to 0 .
Motion: R. McKibbin moved that recommended action 2
be changed to read: Begin by hiring a
consultant and commence work with staff
immediately.
Discussion: K. Duffy suggested omitting the
second sentence of the recommended action.
The Board concurred with the suggestion. K.
Duffy seconded the motion. The motion passed
6 to 0.
K. Duffy suggested that appointing of the 20th Anniversary
Committee be an agenda item for the December 18 meeting.
i
t
Meeting 91-37 Page nine
VII. INFORMATIONAL REPORTS
K. Duffy said that she had attended a meeting of the Santa
Clara County Board of Supervisors concerning the County
Trails Plan, and said that consideration of this item had
been deferred to January 28 , 1992.
B. Crowder reported that the Woodside Town Council had
approved the creation of an assessment district to help
acquire Teague Hill .
N. Hanko requested that a Resolution of Appreciation be
placed on the December 18 agenda for Karen Nillson, who died
December 7 .
N. Hanko stated that it was time for the President of the
Board to appoint the District representative to Peninsula
Open Space Trust, and recommended that Vince Garrod be
reappointed. The Board concurred in Mr. Garrod' s
reappointment.
H. Grench showed a framed Resolution of Cooperation signed
by the various agency representatives who participated in
the Big Sail of the scow schooner Alma.
H. Grench noted that an organizational improvement
suggestion that had emerged from the staff committee
involved streamlining the format of Board reports , and said
that the new format would be applied to an acquisition
report in the December 18 packet .
H. Grench reported on the 2020 Implementation Committee
meeting he attended.
C. Britton reported that the cabin on the Ringo property had
burned.
J. Escobar reported that a bike injury had occurred December
1 on Fremont Older Open Space Preserve.
Meeting 91-37 Page ten
VIII. CLAIMS
Motion: R. Bishop moved that the Board approve Revised
Claims 91-22. R. McKibbin seconded the motion. In
response to a question from N. Hanko regarding
claim number 1653 to Design Concepts , J. Fiddes
said it covered several different projects,
including coordinated logo design, preparation of
materials , and brochure printing. The motion
passed 6 to 0.
IX. CLOSED SESSION
C. Britton stated that litigation matters to be discussed
fell under Government Code Section 54956 . 9 (a) , MROSD vs .
Ringo. He said that land negotiations to be discussed
concerned San Mateo County parcel numbers 076-350-150 and
076-350-240 , owned by Corte Madera Associates , with Ryland
Kelly being the representative.
The Board recessed to Closed Session at 10: 33 P.M.
X. ADJOURNMENT
The meeting adjourned at 10: 27 P.M.
Joan Combs
Secretary
1
Claims No. 91-22
Meeting 91-37
- Date: Dec. 11 , 1991
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
----------------------------------------------------------------------------------------------------
1636 283.11 Acme & Sons Sanitation Sanitation Services
1637 15.50 Allen Equipment Company, Inc. Equipment Repair
1638 1,909.72 Alves Petroleum Fuel
1639 61.24 American Welding Supply Field Supplies
1640 352.06 * Ameron Field Supplies
1641 102.80 AT&T Maintenance Agreement
1642 124.05 Ginny Babbitt Reimbursement--Staff Recognition Event
Expenses
1643 18.94 Bay Muffler Vehicle Part
1644 258.72 Big Creek Posts j
1645 462.29 Birnie Lumber and Fence Company Split Rails
1646 821.00 State of California Dam Fee
Department of Water Resources
1647 274.74 Com Systems Telephone Service
1648 100.00 Coastside Proflame Propane Fuel
1649 17.00 Country Almanac Subscription
1650 30.00 County Park and Recreation Membership Dues
Directors Association
1651 306.28 Coordinated Resources Inc. Office Furnishings
1652 929.87 The Darkroom Film Developing and Enlargements
' 2,889.71 Design Concepts Consulting Services
1b.,4 360.00 Dillingham Associates Consulting Services
1655 39.43 Dittmer's Gourmet Meats Local Meeting Expense
1656 83.73 Kay Duffy Reimbursement--Staff Recognition Event
Expenses
1657 41.39 EMED Company Inc. Signs
1658 1,112.34 Empire Tractor & Equipment Company Equipment Rental
1659 66.63 John Escobar Reimbursement--Local Meeting Expense
1660 23.00 Federal Express Express Mail
1661 816.00 David B. Fisher Legal Services
1662 1,348.00 Flinn, Gray & Herterich Insurance
1663 1 ,324.40 Foster Bros. Security Services Padlocks and Keys
1664 68.81 Goodco Press Printing
1665 95.98 Mary Gundert Private Vehicle Expense
1666 32.00 Heritage Arts Subscription
1667 2, 164.95 Honda Peninsula Field Equipment
1668 187.00 Honeywell Protection Services Burglar Alarm
1669 1,419.42 Interstate Traffic Control Signs
1670 4708.00 J & J Water Trucks Water Delivery
1671 625.00 J. Thomas Jakaby Construction Administration Services
1672 288.00 JCP Engineers & Geologists, Inc. Inspection and Consulting Services
1673 16.12 Joy of Nature Resource Document
1674 577.73 Konica Business Machines Maintenance Agreement
1675 200.00 Lopez Gardening Service Gardening Service--Distel
1676 200.00 Magana's Building Maintenance Janitorial Services--Distel
7 ' 719.97 Minton's Lumber Company Field Supplies
l. _.a 50.00 Municipal Management Assistants Advertisement
of Northern California
1679 2,653.30 National Mailing Services Mailing Services
* Emergency check issued on November 26, 1991.
i
Claims No. 91-22
Meeting 91-37
Date: Dec. 11 , 1991
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
---------------------------------------------------------------------------------------------------
1680 25.46 Noble Ford Tractor, Inc. Equipment Part
1681 36.00 Norney's of Mountain View Office Supplies
� 1682 370.63 Palo Alto Printing Manufacture of Die
1683 1,187.41 Pacific Bell Telephone Serice
11684 1,374.67 ** Pacific Gas & Electric Company Utilities
11685 340.08 Pacific Gas & Electric Company Utilities
11686 17.09 Peninsula Blueprint Inc. Blueprint Markers
1687 11.35 Rancho Hardware Field Supplies
1688 1395.00 George M. Robinson Company Installation of Sprinkler System
1689 978.42 Roy's Repair Service Vehicle Repairs
1690 41.94 Heather Saenger Reimbursement--Field Supplies
1691 48.00 David Sanguinetti Private Vehicle Expense
1692 44.55 S & W Equipment Company Equipment Repairs
'' 1693 3,200.00 Sandis and Associates, Inc. Topographical Survey
1694 36.00 Sequoia Analytical Water Test
1695 15.32 Shell Oil Company Fuel
1696 1,918.00 ** Southern Pacific Transportation Land Purchase
Company
1697 19.42 Summit Uniforms Uniform Expense
1698 45.77 Sunrise Build "N" Grow Field Supplies
1699 800.00 Systems for Public Safety Pre-employment Background Check
? � 20,863.50 Tou Bar Equipment Rental & Sales Demolition Services
Company
1701 68.32 University Art Center Drafting Supplies
1702 44.04 Unocal Fuel
1703 76.91 WMI Services: Port-O-Let Sanitation Services
1704 363.17 Word Products Office Supplies
1705 100.08 The Workingman's Emporium Uniform Expense
1706 50.00 American Society for Public Job Announcement Mailing Labels
Administration
1707 2,000.00 Postage by Phone Postage
1708 191.76 Petty Cash Office and Field Supplies, Film, Local
Meeting Expense, Docent and Volunteer
Expense and Equipment Parts
**Emergency checks issued on December 4, 1991 .
I
III II