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HomeMy Public PortalAbout19911218 - Agendas Packet - Board of Directors (BOD) - 91-38 Open Space x 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 ----------- (ENNEDYTF 8 77 91=1 m S , Z INGTON RES I SPACE EASEMENT PARK e. is Sv PROPO ED ACQUISITION CHEW PROPERTY 41 \A .1N 5, ony KENNEDY LIMEKILN AREA WON, 7 400-1. ratoga mw, A, ftflu, J�rj( PLEASANT Los&os v 3 PAR Off. 1P.ESE.VE,• LLT—PE AN '5 ID PROPOSED ADDITION� IACF VADAL ESEAVE RES. CAPE WATER L;A I NtUHAL OAKS AREA UI— REC AREA ((\\ \_ :�..•' SIERRA AZUL OPEN SPACE PRESERVE • RD t Estates Holy Coy El till, DECEMBER 1991 1 I'll 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 �Z COAL OPEN t PACE PAESE A erma mO OPEN SPACE BELLO I P nente (PEN rPARCEL #1 SPACE . E,,VE 6 3 L PARCEL "S75� LONGa 0P EN m C�EEX SPACE PRECC= cftfR CO PK 06—, 1, '01, SlqATOGA 'coum"PARX PA BORN WATEO Co. S; A 77 Kw m Rm HIG U 7 RI, SANTA CLARA COUNTY. PROPOSED ANNEXATIO UPPER STEVENS CREEK 4- 45 IN f LONG RIDGE PARCEL. OPEN SPACE PRESERVE L 7 _T al PARCEL B/ PARCELG '0 ANNE)CATION IN PROGRESS PORTOLA STATE PARK Ilk _X rar g x i-i Ran 7 le 0- Z A. EXHI&T B-i ■ 00 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¢ a,EKG— AF BE E-0 c s ' •p & �FA � S P Pf Pi00E • - �Sl'-VOL Q° °4 Portola : ApEEoi : :g- LoS` SOy Loada valley ` A , , ., `a Altos .� EL ...LOS , �� 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 1 i • »:.� lam; .i ��y COUNTY PARK ! Ib �.; rt""1+ •,I l � ,`�r^�' '',�4h ''�ti�, a 1`"t �;,. `4J i,vr�,�ur r} I 1�.�,I;�IIII�'1,. r � F. e t ;!� ylj', �� `. ,✓4 K h.:.,w yl .'„„ r �t I� ! I� ��'� ah�ti��;; 1 ,` ( ll Ii� ,•��,`, y � �1�ti ���I �� !I iµuli�r law 7�, ! I - � � '�; li�, ; �,, ;;d I� I -�'"'I '',rlt�, II� �,I,II, �r� gill I I � • 1 � v ,I I t I �i• I 14{I I It� Ifvhl , I i I iI,N, � .�...�r. ly,"`,l Inl ��•fl§iPt � ` �Iv'll�k � r In'1 ntl,,,l I;i�� r��J I II������ i, �{ ,.�t _� �•�7 �:�y��x'?�� '.�i1hl'IP t;�N,l':hl;..�� .!.fit �.' t O�1 II ` I I, I, ,n� i I !fl. �I� 'il!, ,,1''d I �,...."� �/• +''� Oy >- APPROX.LOCATION OF TRAIL CORRIDOR I , . II OPOSED ACQUI ITIQN IT. UMUNHUM � ��� ;� ::�` ROAD: `-� � ��I •a: � e _ \, - ;tits f '�`951ERRA AZUL OPEN SPACE PRESERVE �- _ s 4 fi � K` `f... ��,�, !lt✓ '' .,:;'f.. I � Fif e ® 1 a•k�- 21 � PROPOSED ACQUISITION JAMISON , ,{j .. '' ''• II!;, y..`.;:. II (904 Acres) ^-••,, � i .- . ,_ N f SITE MAP` V PROPOSED JACQUES RIDGE CORRIDOR ACQUISITION - s ; (ADDITION TO MT. UMUNHUM AREA OF ,mil SIERRAN AZUL OPEN SPACE PRESERVE) 1��;\ i� t \ 11�t- t.•,����W,�„ „�� � ���� . (u rS o � / SCale:1'=20D-'-0' North :.: � 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 �PN!AUI 4,uaaann noA pua • • • 4uaWUOJInua s,aaad Aas aye }o ain4n} aye 9ulwJ040P 04 ssaDoid a aaam away} }i 4DgA& 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