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HomeMy Public PortalAbout19931117 - Agendas Packet - Board of Directors (BOD) - 93-22 r Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-22 RESCHEDULED REGULAR MEETING BOARD OF DIRECTORS AGENDA j 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California November 17, 1993 (7:30) * ROLL CALL ** ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF THE DAY Resolution Supporting the Friends of the Stevens Creek Trail ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder *** APPROVAL OF MINUTES October 27, 1993 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) (7:45) PUBLIC HEARING Proposed Annexation to the District of Lands Adjacent to Russian Ridge Open Space Preserve -- C. Britton i Resolution Requesting Initiation of Annexation Procedures by the Santa Clara County Local Agency Formation Commission (Midpeninsula Preserves 1993 - Russian Ridge) BOARD BUSINESS (7:50) 1. Proposed Additions of Moeller Property and Evatt Property to the Kennedy Limekiln 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 Acting General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Moeller) Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Open Space . . . for room to breathe 20th Anniversary w 1972-1"2 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 - FAX: 415-691-0485 ED General Manager Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,-reena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i Authorizing Acting General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Evatt) (8:00) 2. District Contribution to Peninsula Open Space Trust Toward Acquisition of the Former Phleger Property -- C. Britton Resolution Approving a Secured Loan to Peninsula Open Space Trust to be Forgiven Upon Sale of the First Phase of the Purchase of the Former Phleger Property by the Federal Government as an Addition to the Golden Gate National Recreation Area and Commending Peninsula Open Space Trust and Its Partners and Supporters for Their Incredible Success (8:10) 3. Property Tax Allocation From Proposed East Palo Alto Gateway/101 Corridor Redevelopment Project -- C. Britton Resolution Approving Fiscal Agreement Between the Redevelopment Agency of the City of East Palo Alto and the Midpeninsula Regional Open Space District (8:15) 4. Exchange of Easements with Pacific Gas and Electric Company at Rancho San Antonio Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of the Quitclaim of Interests in Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing Officer to Execute Deed Releasing Easement Rights, and Authorizing Acting General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Rancho San Antonio Open Space Preserve - Exchange of Easements with Pacific Gas and Electric Company) *** 5. Permit to Enter Thornewood Property for Emergency Repairs to State Route 84 -- C. Britton *** 6. Annual Seasonal Trail Closures Information Report -- J. Escobar *** 7. Authorization to Solicit Bids for a Transport Trailer -- J. Escobar *** 8. Resolution Urging San Francisco Water Department to Expand Public Participation in Watershed Planning -- R. Anderson Resolution Urging the San Francisco Water Department to Allow More Direct Community Involvement in Preparation of Watershed Management Plans *** 9. Land and Water Conservation Fund Reapplication for the Windy Hill Access Project -- R. Anderson Resolution Approving the Application for Land and Water Conservation Funds for the Windy Hill Open Space Preserve Public Access Project *** 10. Environmental Enhancement and Mitigation Program Reapplication: Sierra Azul Open Space Preserve Staging Area Project -- R. Anderson I Resolution Approving the Application for Environmental Enhancement and Mitigation Program Funds Under Section 164.56 of the Streets and Highways Code for the Sierra Azul Open Space Preserve Trailhead Acquisition Project (8:20) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION (Litigation, Land 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: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. Please fill out the speaker's form so your name and address can be accurately included in the minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion unless a Board member removes an item from the consent calendar for s;parate discussion. A member of the public mjU request under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC MEETINGS The Gift Policy Committee will meet on Wednesday, November 17, 1993 beginning at 6:00 P.M. at the District office. The purpose of the meeting will be to discuss Founders' recognition. There will be a Special Meeting of the Board on Wednesday, December 1, 1993 beginning at 6:00 P.M. at the District office. The purpose of the meeting is to hold a study session on the role of Board members and officers. The Board will also meet in closed session on personnel matters. The 20th Anniversary Committee will meet on Wednesday, December 8, 1993 beginning at 6:30 P.M. at the District office. The purpose of the meeting will be to wrap-up the 20th Anniversary events. r Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I Meeting 93-23 SPECIAL MEETING BOARD OF DIRECTORS AGENDA 6:00 P.M. 330 Distel Circle Wednesday Los Altos, CA December 1, 1993 (6:00) ROLL CALL BOARD BUSINESS 1. Study Session on Role of Board Members and Officers - B. Crowder (6:45) CLOSED SESSION (Personnel Matters) ADJOURNMENT I Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION OF THE BOARD OF.DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING THE FRIENDS OF THE STEVENS CREEK TRAIL I WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District recognizes that the Bay Area is a special place to live, providing a unique quality of life; and WHEREAS, the Board recognizes that the midpeninsula is an exceptional place because of the balance between urban areas and diverse, valuable open space in the region; and h t WHEREAS, the Stevens Creek is an important regional asset, a natural creek that flows from the Santa Cruz Mountains to the San Francisco Bay, through the cities of Cupertino, Los Altos, Sunnyvale, Mountain View and other parts of Santa Clara County, linking hundreds of acres of open space and providing a home to hosts of native plants and wildlife; and WHEREAS, the development of the Stevens Creek Trail will provide an unbroken pathway from the Bay Trail to the Bay Area Ridge Trail, will provide an alternative transportation corridor for people living in the urban area around the creek, will provide community access to hundreds of acres of currentlyavailable open space and will provide additional habitat to the native wildlife currently living P P PY g along the creek corridor; and WHEREAS, the Friends of the Stevens Creek Trail, a non-profit community group, is dedicated to raising community awareness and support for the development of a trail along the Stevens Creek; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby supports the Stevens Creek Trail project and the Friends of the Stevens Creek Trail efforts to complete the trail. Adopted by the Board of Directors, November 17, 1993 Open Space P MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-21 REGULAR MEETING BOARD OF DIRECTORS October 27, 1993 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 5:45 P.M. Members Present: Ginny Babbitt, Betsy Crowder, Wim de Wit, Nonette Hanko, Teena Henshaw, Robert McKibbin, and Pete Siemens. Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, John Escobar, and Malcolm Smith. II. CLOSED SESSION The Board met in closed session to discuss personnel matters. The Board reconvened in public session at 7:30 P.M. Additional Personnel Present: ` Stanley Norton, Carleen Bruins, Joan Young, Craig Beckman, Michael Newburn, and Deborah Zucker. III. ORAL COMMUNICATIONS There were no oral communications. IV. ADOPTION OF AGENDA B. Crowder st ated tha t the agenda da wa s adopted b Board cons ensus. V. ADOPTIO N OF CONS ENT CALEN DAR Motion: , P. Siemens moved that the Board adopt the consent calendar, including minutes of October 13,, 1993 Regular Meeting; ad option of Resolution 93 34, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715, Service Employees International Union, AFL-CIO/CLC• approval of the Notice of Completion and Acceptance of Work P p k on the Picchetti Ranch Blacksmith Shop Restoration Project; adoption of Resolution 93-35, a Resolution of the Board of Directors of the Midpeninsula Re gional nal n Space District Approving the Application for Grant Funds Under the Santa Clara County Historical Project Funding Program for the Following Project: Grant House Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Meeting 93-21 Page 2 I Historic Restoration Completion; reschedule of November 10 Regular Meeting to Wednesday, November 17, and cancellation of November 24 Regular Meeting; and approval of revised claims 93-18. G. Babbitt seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Introduction of Trail Patrol Volunteers (Report R-93-110) C. Bruins presented an update of the new Volunteer Trail Patrol program. J. Young thanked rangers C. Beckman and M. Newburn for serving as liaisons for the program and introduced the volunteer patrol members who had already begun patrols on foot, bicycle, and horseback. The Board welcomed the volunteers and thanked them for being the District's first volunteer trail patrol. B. Finance Committee Recommendation on Alternative Funding Mechanisms (Report R 93 113) R. McKibbin reviewed the committee's recommendation to postpone proceeding with a funding measure. Board members discussed the potential funding options to be conside red in the future. R. McKibbin recommended that the Board dissolve the Finance Committee and include its work in a single Legislative and Finance Committee. Motion G. Babbitt moved that the Board postpone proceeding with a funding measure or other alternative funding mechanism until after November 1994. N. Hanko seconded the motion. The motion passed 7 to 0. C. Committee Consolidation (Report R-93-111) C. Britton stated that the management team reviewed Director Siemens' suggestions for consolidating Board committees and discussed alternative suggestions proposed by the management team. The Board discussion focused on the suggestions contained in the report; an additional recommendation made by Harry Hauessler, 1094 Highland Circle, Los Altos, that the proposed Budget and Administration Committee be named the Administration and Budget Committee; T. Henshaw's suggestion that the Acquisition and Enterprise Committee review future acquisitions; that the level of Board involvement in use and management plans be limited to policy review; and cautioned that the Board should carefully consider how with this new committee format would function. Motion: T. Henshaw moved that the item be tabled to a future meeting when there would be sufficient time for further discussion. R. McKibbin seconded the motion. The motion passed 7 to 0. Meeting 93-21 Page 3 VII. INFORMATIONAL REPORTS C. Britton presented the excellent grant application prepared by resource planner A. Cummings for Devil's Canyon. He reported on the close Y P of escrow for the former Pantano property on October 8, and for the former Bartels property on September 30; the petition progress for the Ca1PAW initiative; and assessment district legislation signed by Governor Wilson for San Diego and Sacramento Counties. He said that he would be meeting with General Manager Pat O'Brien of East Bay Regional Park District concerning cooperative legislative efforts. He stated that a bill was passed by the legislature permitting counties to pay taxing agencies within their jurisdictions delinquent property taxes, thereby retaining the penalties and interest when the payments were redeemed, and that both San Mateo and Santa Clara Counties had passed legislation to take advantage of this law. T. Henshaw requested that a legislative committee meeting be h. g g scheduled with Ralph Heim the District's lobbyist. P , In response to questions asked by the Board at the meeting of October 13, C. Britton reported that because of the refinance of certificates of participation, there was no money owed on the office building and therefore no interest being paid. He said that rents collected for the the excess office space were about $3,200 per month, and that utility, gardening, and maintenance costs of the building were about $3,400 per month. He also stated that the residences at the former Smith Bean and Landr e ro ertie s were all rented. C. Britton also reported on the Land Trust Alliance conference he attended in Montana. R. Anderson reported that the Metropoli tan Transit Commissio n's s in terpretation re tation of re creati n al trails for the In termodal Sc enic Transpo rtation Enha ncement Ac t (ISTEA ) gran t exclude d the District from being awarded a grant. He said that he was participating in the Destination Cities Task Force that focuses on obtaining ISTEA funds for historic preservation. W. de Wit reported on the fees, restrictions, and insurance requirements for entry to San Francisco watershed lands. J. Escobar reported an staff attendance at the National Recreation and Parks Association Conference in San Jose. He also reported on two accidents and added that a patrol volunteer was first on the scene of one of the accidents. B. Crowder reported on the South Skyline Association Chili Cookoff and exhibited one of the three aprons bearing the District logo that were made by Bunny Congdon, who participated in the cookoff with Skyline area field staff and donated the aprons to the District. Meeting 93-21 Page 4 C. Britton announced that the litigation matter to be discussed in Closed Session fell under, Government Code Section 54956.9 (b)(2) (significant exposure to litigation); and that negotiations to be discussed were Santa Clara County assessor's parcel number 558-33-002, owner Carol Evatt, negotiated with Gary Beck; Santa Clara County assessor's parcel number 558-33-00 owner Gustav Moeller, negotiated with Gary Beck• and the Phleger property acquisition, negotiated with Peninsula Open Space Trust Executive Director, Audrey Rust. The Board recessed to Closed Session on litigation, land acquisition, and personnel matters at 8:42 P.M. Ix. ADJOURNMENT li The meeting was adjourned at 10:15 P.M. Deborah Zucker Secretary a Cl No. 93-18 Mee-4 93-21 Date: Oct. 27, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------- ------------------------------------- ---- -------------- 4924 735.87 Ace Fire Equipment Service Company -Fire Extinguisher Service 4925 100.00 Acme & Sons Sanitation, Inc. Sanitation Services 4926 449.51 Arne Sign & Decal C Inc. Vehicle Logos Company, �' 4927 225.00 Aaron's Septic Tank Service Sanitation Services 4928 90.98 Artech Laminating Drafting Supplies 4929 90.00 Craig Beckman Reimbursement--Conference Registration 4930 48.00 * Belmont Computer Products Equipment Repair 4931 6,988.45 George Bianchi Construction, Inc. Picchetti Blacksmith Shop Restoration 4932 250.00 Deputy Robert Bosworth Driver Training Class 4933 137.18 Brian Kangas Foulk Feasibility Study 4934 1,078.00 Department of California Dam Fees Department of Water Resources 4935 165.66 California Water Service Company Water Service 4936 1,790.00 Cannis Consulting Engineers Engineering Services--Weeks Road 4937 171.25 Cascade Fire Equipment Company Field Equipment 4938 269.70 Clark's Auto Parts/Machine Shop Vehicle Parts 4939 100.00 Coastside Proflame Propane Fuel 4940 741.09 Communications Research Radio Equipment 4941 3,733.25 William Cotton & Associates Consulting Services--Alpine Dam 4942 132.07 Crest Copies, Inc. Bluelines and Photocopying 4943 168.89 Dorfman-Pacific Company, Inc. Uniform Expense 4944 5,341.50 Earth Systems Consultants Consulting Services--Weeks Road 4945 53.97 Egghead Software Computer Software 4946 538.36 Environmental Systems Research Computer Software Institute 4947 410.00 John Escobar Reimbursement--Conference Registration 4948 231.33 Farrelle Communications Radio Equipment 4949 612.15 Fast Signs Signs 4950 77.94 Film to Frame Photographs 4951 149.90 Foster Bros. Security Systems,Inc. Door Locks 4952 61.18 G & K Services Shop Towels 4953 2,329.00 ** Gateway 2000 Office Equipment 4954 75.85 Goodco Press Printing 4955 119.07 Sharon Hall Photography Photographs 4956 360.75 Honeywell, yw , Inc. Burglar Alarm Maintenance Agreement 4957 g 5 3 -_117.50 Huett'i & Schronm III � Inc. Construction M g , Management Services Ranci Field Office 4958 1,659.47 Jeda Publications, Inc. Brochures 4959 158.60 Lanier Worldwide, Inc. Office Supplies 4960 469.88 Los Altos Garbage Company Dumpster Rental 4961 163.50 Kenneth Miller Reimbursment--Tuition 4962 88.44 Moffett Supply Company anv Office Building Supplies 4963 337.74 Monogram Sanitation Sanitation Supplies 4964 25.00 Motorola Antenna Site Rent 4965 4,984.09 Murray & Murray Legal Services 4966 86.00 Stanley Norton August Expenses 4967 413.04 Office Depot Office Supplies * Urgent check issued on October 21, 1993. **Urgent check issued on October 20, 1993. Claim 93-18 Meeting 93-21 ` Date: Oct. 27, 1993 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ------------------------------------------------------------------------------------------------- 4968 100.00 Bev Ortiz Honorarium 4969 862.47 Orchard Supply Hardware Field Supplies 4970 980.47 Pacific Bell Telephone Service 4 971 55.61 Page & Turnbull Architectural Services 4972 70.36 Peninsula Blueprint Color Photocopying 4973 323.44 PIP Printing Printing 4974 18.04 Pitney Bowes Postage Meter Rental 4975 28.86 Precision Engravers, Inc. Brass Namebadges 4976 1,648.64 Quick Silver Printing Printing 4977 1,017.55 Reed & Graham Asphalt 4978 354.50 Roy's Repair Service Vehicle Maintenance and Repairs 4979 34,470.00 Sevan Construction Inc. Construction--Rancho Fie ld Office 4980 37.09 Smith Equipment Company Equipment Part 4981 3,570.00 United Soil Engineering, Inc. Soil Testing and Inspection 4982 136.01 University Art Center Drafting Supplies 4983 270.0 0 Valley Title Company Preliminary Title Report 4984 59.75 Value Business Products Office Supplies 4985 5,126.75 Whitmore, Johnson & Bolanos Personnel Consulting Services 4986 94.23 WMI Services: Port-o-let Sanitation Services 4987 48.58 Yardbird Equipment Sales Field Supplies 4988 92.50 Pacific Gas & Electric Company Electrical Hookup 4989 450.00 Sevan Construction, Inc. Septic Fees for Rancho Field Office 4990 134.88 State Board of Equalization Fuel Tax 4991 660.55 Petty Cash Film and Developing, Photographs, Loca and Out-of-Town Meeting Expenses, Conference Expenses, Field and Offic: Supplies, Docent and Volunteer Expen: and Private Vehicle Expense Open Space 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Steve Okonek 2021 Touraine Lane Half Moon Bay, CA 94019 Dear Mr. Okonek: Thank you for your October 20, 1993 letter regarding your experiences at Purisima Creek Redwoods Open Space Preserve. The District's Board of Directors reviewed your comments at our Regular Meeting last night. We are pleased that you took the time to write us. It is unfortunate that your otherwise inspiring visits to the preserve have been affected because of litter left behind by others. Years ago, after much consideration, the District decided not to proyide garbage cans on open space preserves. We believe that preserve visitors should carry out whatever they bring in. This system is working well in most areas. In the past, sites provided with garbage cans have become dumps for rural neighborhood household trash. Although garbage cans are useful, they are a nuisance when thrown into canyons, turned upside down, or set on fire. Unfortunately, the Higgins-Purisima staging area is a popular place for unauthorized nighttime parties. To help alleviate the problem, our ranger staff will patrol and clean the area more frequently. We will also inform local state park rangers, who assist us with patrol of the area. We appreciate your efforts to remove litter at the Higgins-Purisima entrance to the preserve. If more people were as considerate as you and your wife, there wouldn't be a litter problem. We hope you will continue to enjoy your visits to Purisima Creek Redwoods. Sincerely, Betsy Crowder, President Board of Directors BC/CRB/kh cc: Board of Directors David Sanguinetti, Area Superintendent Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 Genera!Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit RESPONSE ACTION PROPOSED BY STAFF Board Presi Acknowledge/Respond 4 '' ! Director Acknowledge/Respond OCT 1 993 Staff Acknowledge/Respond Draft Response Attached Steve Okonek Staff to be Directed to Prepare Draft 2021 Touraine Lane Response for Board Consideration per Half Moon Bay,Ca. 94019 Board Directive(s) No Response Necessary October 20, 1993 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, Ca. 94022-1404 Members: The last few weeks my wife and I have encountered annoying piles of cans and bottles near the Higgins Purisima ent+ance to the Purisima Creek Redwoods Open Space Preserve near Half Moon Bay, as well as a few bottles on the first mile of the trail. While we picked up as much as we could and took it home to recycle, it seemed that some of this might be remedied if there was a trash can or two there. I have occasionally hiked through the Preserve over the last decade and always enjoyed it. However, this past summer I found myself walking and later photographing virtually every other day there as part of a long recovery from a liver transplant. I've begun to appreciate the place even more as a treasure of beauty and serenity, and perhaps optimistically hope this enhancement might help maintain its special appeal. I congratulate you on your work in opening preserves such as these. Sind rely, Open Space s R-93-119 Meeting 93-22 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 17, 1993 AGENDA ITEM Proposed Annexation to the District of Lands Adjacent to Russiadge Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution requesting initiation of annexation by the Santa Clara County Local Agency Formation Commission. DISCUSSION On September 22, 1993 you approved the acquisition of a portion of the Norton property as an addition to Russian Ridge Open Space Preserve (see report R-93-105). Although escrow has not yet closed for this acquisition, a provision in the Purchase Agreement allowed the District to commence annexation procedures for the portions of the Norton property lying outside the District's formal boundaries. Approximately 21 acres of the 47-acre Norton property currently lie outside the District's formal boundaries. In addition, the District has been discussing trail development plans and open space preservation ideas with Donald and Elizabeth Aitken, owners of the adjoining 48.55-acre property south of the Norton property. Upon discussing this annexation proposal and explaining that an annexation to the District would not effect their property taxes or the development potential of their property in any way, the Aitkens agreed to join in this annexation request. The District's main interest in including this property in the annexation is the possibility of working with the Aitkens in the future to permanently preserve the open space features of their land if District funding is available. As in the previous cases, annexation of these parcels to the District, if acquired, 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, and allow for the cancellation of future property taxes. All of the lands proposed for annexation fall within the District's sphere of influence. 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, assuming Santa Clara County LAFCO approves the annexation, the matter will be returned to you for a hearing and final decision. The entire process is expected to take several months. Prepared by: L. Craig Britton, Acting General Manager Contact person: Same as above Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Hens haw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit RESOLUTION 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 (1VIIDPENINSULA PRESERVES 1993 - RUSSIAN RIDGE) WHEREAS, the Midpeninsula Regional Open Space District has acquired or has obtained the consent of the owners for annexation of property known as San Mateo County Assessor's Parcel Numbers 078-210-050, 078-210-130, 078-210-140, as described in Exhibit "A" and as shown in Exhibit "B" affixed hereto, and WHEREAS, these parcels are within the sphere of influence of the Midpeninsula Regional Open Space District duly adopted by the Local Agency Formation Commission, and WHEREAS, on November 17, 1993 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 hereby request initiation of annexation proceedings by the Santa Clara County Local Agency Formation Commission of the land described in said Exhibit A and shown on said Exhibit B. BE IT FURTHER RESOLVED that the Acting g 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 these annexation proceedings. * * * * * * * * * * * * * * * * * * Exhibit A PROPOSED ANNEXATION To: Midpeninsula Regional Open Space District Entitled: Midpeninsula Preserves 1993 - Russian Ridge All that certain real property situate in the County of San Mateo, State of California, being a portion of Section 8, Township 7 South, Range 3 West, Mount Diablo Base & Meridian, more particularly described as follows: j BEGINNING at the section corner common to Sections 7, 8, 17 and 18, Township 7 South, Range 3 West, Mount Diablo Base & Meridian; and running east along the south line of said Section 8, said line is also a boundary of the Midpeninsula Regional Open Space District as established by annexation on November 10, 1982, Resolution 82-52, a distance of 2600.50 feet, more or less, to the intersection thereof with the boundary of the Midpeninsula Regional Open Space District as established by annexation on June 7, 1976, Resolution 76-16; thence following said line northwesterly to the intersection thereof with the boundary of the Midpeninsula Regional Open Space District as established by annexation on July 11, 1990, Resolution 90-32; thence followingsaid line southwesterly and then northwesterly to the west line of said Section 8; thence following the east line of said Section 8 south for a distance of 1500 feet, more or less, to the point of beginning. • Midpeninsula Regional Open Space District Boundary as established by annexation on July 11 , 1990, Resolution 90-32.� Midpeninsula Regional Open Space District Boundary as established by annexation on June 7, 1976, • Resolution 76-16. 078-210-130 : Norton Q� 121.19 Ac ) , 0 078-210 140 Aitken 3z06 LO (44 Ac.) /i �e e e 7 8 1 8 R\17 + 078-210-050 2600.50' Point of Beginning Aitken LEGEND (4.55 Ac.) ANNEXATIOI PARCELS Midpeninsula Regional Open Space District Boundary- as established by annexation on November 10, 1982, Resolution 82-52 , 1 . t rOrt01�7 ' (��yuotrol sf 1 ' Il037 Alloys s+r, ANNEXATION I tilOs 'l 5 P. RCELS--Itoor- so l N,LLS fp0,wy, +1 t Oar ` .+f fl+1• It',01f�JM " I � IMJ � uK`'f•fKfrUll.s.<w1., O Y12i ` / ,KN�wi< ` A•w6i0 ui Midp- CO.IM O[I 6-- O.fY YKlMNM, AIRf.4AM 11100E ! ,f ` ' f � _ 1fON71r •, i Exhibit B la Ilooda lorrn 3,/cf .uuo-1_: ramu onn PROPOSED ANNEXATION MAP '�1 � y""-- ^fIIC r �� IwevO.f� MSSfM(-', f To: Midpeninsula Regional Open Space District Entitled: Midpeninsula Preserves IESCADd10 Cltrfk - 1 1993 - Russian Ridge f'w. June 1993 Scale: 1" — Approx. 50"9 ,�•, SfA,f;f S, •CLf fl[IIOC'S 'fA 1 LOCATION MAP Open Space R-93-120 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-22 November 17, 1993 AGENDA ITEM Proposed Additions of Moeller Property and Evatt Property to the Ke .Limekiln Area of Po Y Sierra Azul Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the Moell r property. 2. Adopt the attached resolution authorizing purchase of the Evatt property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the properties as additions to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the properties from dedication as public open space at this time. DESCRIPTION (see attached man) The 98.34-acre Moeller property and 36-acre Evatt property are contiguous parcels located approximately two miles east of Lexington Reservoir Recreation Area. They are generally surrounded by District lands that form the Kennedy Limekiln Area of the Sierra Azul Open Space Preserve. There are panoramic views from this portion of the preserve, and the area comprises a major part of the scenic backdrop to Lexington Reservoir and Highway 17. The properties provide an important segment of the Ridge Trail that will someday connect Lexington Reservoir Recreation Area to Almaden Quicksilver County Park. This trail segment also provides a connection to Kennedy Road and is part of a loop trail that traverses Soda Springs Canyon. The topography of the area is characterized by extremely steep slopes on the north and south side of Limekiln Creek, which bisects the properties. There is a prominent, spinelike ridge that parallels the southern boundaries of the parcels. The ridge extends east from Lexington Reservoir to a higher ridgeline that connects Kennedy Road to Mt. Umunhum. The upper slopes are largely comprised of chaparral and are dominated by coyote bush, chamise, and scrub oak. The canyon forms a dense riparian corridor that includes California bay and canyon live oak. The properties are accessed by the Priest Rock Trail located on the ridge near the southern boundary. The trail has been historically used by hikers, equestrians, and bicyclists who are passing through the properties to reach existing trails on other portions of the Sierra Azul Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonet(e Hanko,Betsy Crowder,Wim de Wit R-93-120 Page 2 Open Space Preserve. The trail serves as a major vehicular patrol route connecting Kennedy Road to Alma Bridge Road. The trail and patrol route pass through one remaining private parcel located adjacent and east of the Evatt parcel. USE AND MANAGEMENT PLAN Planning Considerations The properties are in the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160 acre minimum lot size dependent on the average steepness of the property. County trail plans identify a proposed trail corridor along the Priest Rock Trail. The Bay Area Ridge Trail plan identifies this trail as a segment of the Ridge Trail. The Ridge Trail will connect Lexington Reservoir Recreation Area to Almaden Quicksilver County Park. The parcels are rated in the District's Open Space Master Plan as having moderate to high composite open space values and are important in terms of potential outdoor recreation, wildlife habitat, and scenic backdrop. Preliminary Use and Management Plan Recommendations Dedication: Indicate your intention to withhold dedication of the properties at this time. Name: Name the properties as additions to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Signs: Install private property and preserve boundary signs where appropriate. Brochure: Update the site map to include the properties and existing trail. Roads: Maintain the Priest Rock Trail to meet vehicular patrol standards. Public Safety Review: Staff has inspected the properties and determined there are no public safety hazards. TERMS Both parcels are legal, single, rural residential building sites; however, the Evatt property has significantly more useable land on a proportionate basis along the ridge top. On this basis, the purchase price is $65,000 ($1,800 per acre) for the 36-acre Evatt property, and $157,000 ($1,600 per acre) for the 98.34-acre Moeller property. Both acquisitions are considered to be fair and reasonable considering past real estate sales activity in the area. Prepared by: Del Woods, Senior Open Space Planner Contact Person: L. Craig Britton, Acting General Manager NHDPENINSULA REGIONAL OPEN SPACE DISTRICT St. Joseph's Hill Open Space Preserve Sierra Azul Open Space Preserve WI rf), vp ...... ---- I MR &wb JONES �ERS & BIKERS: WALN UINL T, Ali ON TRAIL SEGMENT DEFINED BY A -E I PC"FREI kv, A;1 MEW MAIN r- k rip POWN Nj f do Im LEXINGTON RESERVOIR VIA COUNTY PARK 5-0 "N K I PI TRAIL NO PUBLIC ACCESS is x ON, jgi C M.U. CONSERVATION PUBLIC MANAGEMENT UNITM\ PI (CURRENTLY NO ACCESS) NOTE: TRAIL DISTANCE A IN MILES W A WIN fill 4*� ; i Resolution Page 2 Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$157,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the N idpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. RESOLUTION 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 ACTING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MOELLER) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Susan Nihen, Executor of the Estate of Gustave Moeller Jr., and Marion L. Moeller 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 Certificate of Acceptance on behalf of the District. Section Three. The Acting General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The Acting 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 Acting General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Resolution Page 2 Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$65,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the N idpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term which basis or otherwise set aside to the costs of this open space land acquisition ro'ect w c PaY Pe Pproject are to be aid or reimbursed out of proceeds of indebtedness to be issued b District. The P P Y Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. RESOLUTION 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 ACTING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF EVATT) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Carroll C. Evatt 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 Certificate of Acceptance on behalf of the District. Section Three. The Acting General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The Acting 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 Acting General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. II Purchase Agreement - Moeller Page '2 attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property . " 2 . Purchase Price . The total purchase price ("Purchase Price") for the Property shall be One Hundred Fifty Seven Thousand and No/100 Dollars ($157, 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 Gateway Title Company, 201 Saratoga Avenue, Los Gatos, CA 95030, phone number (408) 399-7733, or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require . This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein . Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before December 3, 1993, provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement . (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: PURCHASE AGREEMENT This Agreement is made and entered into by and between SUSAN NIHEN, EXECUTOR OF THE ESTATE OF GUSTAVE MOELLER JR. and MARION L. MOELLER 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 P � P 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 June 1, 1993, 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 ro ert P P Y 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 ninety eight and thirty four one hundredths (98 .34) acres, more or less, and commonly referred to as Santa Clara County Assessors Parcel Number 558-33-001 . Said property being further described in the Legal Description attached to Preliminary Title Report number 7360201 dated May 10, 1993 from Gateway Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference . Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements ,II Purchase Agreement - Moeller Page 4 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 I termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5 . Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including I costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et sea. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the datethis t s Agreement is fully executed and as of the date of Closing: i 6 .01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder . 6 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6 . 03 Good Title . Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the I i Purchase Agreement - Moeller 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 One Hundred Fifty Seven Thousand and No/100 Dollars ($157, 000 . 00) . (e) Seller shall a for the escrow fees the CLTA Standard P ,Y Policy of Title Insurance, if required by District, and all recording costs and fees . All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California . (f) Seller shall cause Gateway Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of 7 15 000 .00 for h Pr showing ($ , ) o the Property s o n title to the P Y g Property vested in fee simple in District, subject only to: (i) current real property taxes; and (ii) such additional title exceptions as may be approved in writing by District prior to the closing as determined by District in its sole and absolute discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder ' s check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same . 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 Purchase Agreement - Moeller Page 6 appraisals, etc . , as provided for by said Federal Law and any corresponding California Government Code Sections . 10 . Miscellaneous Provisions . 10 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 10 . 02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment . In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to- recover from the other party reasonable expenses and attorneys ' fees . 10 .03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect . Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 10 .04 Rights Cumulative . Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. Purchase Agreement - Moeller Page 5 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 warrants and represents that : M During Seller' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous 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 and of which Seller had knowledge . 9 . Waiver of Statutory Compensation . Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) , and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, Purchase Agreement - Moeller Page 8 communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time . Any party may change its address for such communications by giving notice thereof to the other parties in conformity with this Section . Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 10 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 10 . 07 Counterparts . This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument . 10 . 08 Waiver . No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement . 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. Purchase Agreement - Moeller Page 7 10 .05 Notices . whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto) , each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if: (i) deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid; or (ii) delivered by Federal Express or other private messenger, courier or other delivery service; or (iii) sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows : Seller: Susan Nihen, Executor of the Estate of Gustave Moeller Jr .and Marion L. Moeller c/o Joe Beatty Real Estate- (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (4 08) 2 68-4 0 62 FAX: (408) 927-0225 Copy To: Clifford Chernick 770 Menlo Ave . , Suite 101 Menlo Park, Ca 94025 (415) 327-5570 Fax: (415) 327-0619 District : Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: L. Craig Britton, Acting General Manager (415) 691-1200 Fax: (415) 691-0485 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Fax : (415) 327-9151 If sent by telegraph, cable, telecopy or other facsimile transmission, a conformed copy of such notice shall be sent by mail (in the manner provided above) to the addressee . Service of any such Purchase Agreement - Moeller Page 10 11 . Acceptance . Provided that this Agreement is signed by Seller and returned to District on or before August 13, 1993 District shall have until midnight October 27, 1993 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and seller acknowledges the receipt of the sum of Ten Dollars ($10 . 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein . Purchase Agreement - Moeller Page 9 10 . 10 Time of Essence . Time is of the essence of each provision of this Agreement in which time is an element . 10 . 11 Survival of Covenants . All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 10 . 12 Assianment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 10 . 13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement . 10 . 14 Binding on Successors and Assians . 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 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 10 . 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate . Preliminary Report Escrow Number: 736-7360201-721 Your Reference No. : Escrow officer: Pat Theiss Policy(ies) contemplated: California Land Title Association Standard Coverage Policy -------------------- MR. GARY BECK 7172 'ANJOU CREEK CIRCLE Property Address SAN JOSE, CA 95120 SODA SPRINGS, ATTN: GARY BECK UNINCORPORATED AREA Dated MAY 10, 1993 at 7:30 A.M. SCHEDULE A The estate or interest in the land described or referred to in this schedule covered by this report is: A FEE Title to the said estate or interest at the date hereof is vested in: THE HEIRS AND DEVISEES OF GUSTAVE MOELLER JR. SUBJECT TO THE ADMINISTRATION OF HIS ESTATE AND MARION L. MOELLER. The land referred to in this report is situated in the City of Unincorporated Area,described as follows; County of Santa Clara, State of California, and is DESCRIPTION CONTAINED IN "EXHIBIT All attached hereto and made a part hereof. -- -------------------------------------------------------------- -------- - --- - - Preliminary Report - Schedule A Gateway Title Company - 201 Saratoga Avenue Los Gatos, CA 95030 Santa Clara County * 408-339-7733 EXHIBIT Page I of T Purchase Agreement - Moeller Page 14 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. MZDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVAD AS TO FOR .� 7 SusanlNihen, Executor of the .r- Estate of Gustave Moeller Jr Stanley Norton, District Counsel Date : J'f/2-Z2,3 FOR APPROVAL: Marion L . Moeller by Susan Nihen, Her Attorney in Fact L. Crai Brit , Date : el Acting General Manager APPROVED AND ACCEPTED : President, Board of Directors ATTEST: District Clerk Date: SCHEDULE B Preliminary Report GATEWAY TITLE COMPANY Escrow Number: 736-7360201-721 Your Reference No. : At the date hereof Exceptions to coverage in addition to the printed iexceptions and exclusions contained in said policy form would be as follows: i 1. "THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A STATEMENT OF IDENTITY FROM ALL PRINCIPALS TO THE CONTEMPLATED TRANSACTION AND THAT THE SAME BE FURNISHED AT LEAST THREE DAYS PRIOR TO CLOSE. " 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3 .5, REVENUE AND TAXATION .CODE, SECTIONS 75 ET SEQ. OF THE STATE OF CALIFORNIA. 3 . GENERAL AND SPECIAL COUNTY TAXES FOR FISCAL YEAR 1993-94, A LIEN NOT YET DUE OR PAYABLE. 4 . "NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY(S) , THIS COMPANY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE LACK OF ACCESS TO AND FROM „THE HEREIN DESCRIBED REAL PRO PERTY" . . 5. AN EASEMENT FOR THE FREE AND NATURAL FLOW OF WATER OVER AND THROUGH SO MUCH OF SAID PROPERTY THAT LIES WITHIN ANY AND ALL MAN MADE OR NATURAL DRAINAGE COURSES, AS IT EXISTS AS OF THE DATE HEREOF. 6. ANY RIGHT FOR A WAGON ROAD AS DISCLOSED BY THE LEGAL DESCRIPTION ON THE DEED TO GUSTAVE MOELLER JR. AND MARION MOELLER RECORDED MARCH 25, 1958 IN BOOK 4037 PAGE 247, OF OFFICIAL RECORDS, AND NUMEROUS OTHER INSTRUMENTS OF RECORD. THE EXAC T LOCATIO N IS NO T DESCRIBED OF RECORD. 7. ANY MATTERS WHICH WOULD BE DISCLOSED BY PHYSICAL INS PECTION. N -------- ----- ---- Preliminary Report - Schedule B PAGE 1 Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 EXHIBIT Page Preliminary Report GATEWAY TITLE COMPANY Escrow Number: 736-7360201-721 Your Reference No. : EXHIBIT A BEING A TRACT OF LAND 24.62 1/2 CHAINS IN WIDTH AND EXTENDING 'ALONG THE WEST SIDE OF SECTION 35, TOWNSHIP 8 SOUTH, RANGE 1 WEST, M.D.B. & M. AND COMPRISING 98.5/160 OF THE ENTIRE NORTHWEST 1/4 OF SECTION 35 AFORESAID. BEGINNING AT THE NORTHWEST CORNER OF SECTION 35 OF AFORESAID TOWNSHIP AND RUNNING THENCE SOUTH 89 DEG. 15' EAST 24.62 1/2 CHAINS ALONG THE NORTH LINE OF SECTION 35 AFORESAID; THENCE SOUTH 39 .87 1/4 CHAINS, WHENCE AN IRON BAR ON THE SUMMIT OF THE RIDGE WHERE THE LINE CROSSES THE OLD WAGON ROAD BEARS NORTH 8.81 CHAINS; THENCE WEST 24 .62 1/2 CHAINS ALONG THE LINE BETWEEN THE NORTHWEST 1/4 OF SECTION 35 AND THE SOUTHWEST 1/4 OF SECTION 35 AFORESAID TO THE WEST 1/4 CORNER OF SAID SECTION 35 WHERE A 21X2' REDWOOD STAKE WHERE THE LINE CROSSES THE WAGON ROAD BEARS NORTH 6.49 CHAINS; THENCE NORTH 40 CHAINS ALONG THE WEST LINE OF SECTION 35 AFORESAID. MAGNETIC VARIATION OF ALL CORNERS IS 161X45' EAST. ----------------------------------- ------------------ ------ ----------------- - - Preliminary Report - Schedule A Gateway Title Company - 201 Saratoga Avenue Los Gatos, CA 95030 EXHIBIT - A Santa Clara County * 408-399-7733 page Of � Ts•frs 558 g 3 3 L Twv�! F ' C l I I i n' E O %.B)►L 2k w A4 160 K L MIDPENINSULA REGICNAL OPEN SPACE DISTRICT LID - � aT icok \� x 34\ 35 \ '—' 35 Sr. ��' / AAA A AI ww A Preliminary Report GATEWAY TITLE COMPANY Escrow Number: 736-7360201-721 Your Reference No. : N O T E S A N D R E Q U I R E M E N T S NOTE: NO CONVEYANCES OF THE HEREIN DESCRIBED PROPERTY WAS RECORDED DURING THE 2 YEAR PERIOD PRECEDING THE DATE OF THIS REPORT. TAX INFORMATIONAL NOTE: COUNTY TAXES FOR FISCAL YEAR 1992-93, HAVE BEEN PAID AS FOLLOWS: BILL/AP NO. : 558-33-001 CODE: 80-060 1ST INSTALLMENT: $195.50 2ND INSTALLMENT: $195.05 HOMEOWNERS EXEMPTION: --NONE-- NOTE: THE COUNTY OF SANTA CLARA IMPOSES AN ADDITIONAL MONUMENT PRESERVATION FEE OF $10.00 FOR RECORDING A DEED WITH A LEGAL DESCRIPTION OTHER THAN AN ENTIRE LOT SHOWN ON A RECORDED FINAL MAP. LAST INSURED TRANSACTION: NO SHORT TERM ARB: 558-33-001 APN: 558-33-001 COMPARED BY: . . . . . . i ------------ -------- ------------------------ ------------------- - -- --- - --- -- - - - Preliminary Report - Schedule B PAGE 2 Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 EXHIBIT Page Purchase Agreement - Evatt Page 2 real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Purchase Price . The total purchase price ("Purchase Price") for the Property shall be Sixty Five Thousand and No/100 Dollars ($65, 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 Gateway Title Company, 201 Saratoga Avenue, Los Gatos, CA 95030, phone number (408) 399-7733, or other title company acceptable to District and Seller (hereinafter. "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require_ This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein . Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before December 3, 1993, provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement . (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. i PURCHASE AGREEMENT This Agreement is made and entered into by and between CARROLL C. EVATT, 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 August 2, 1993, 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 thirty six (36) acres, more or less, and commonly referred to as Santa Clara County Assessors Parcel Number 558-33-002 . Said property being further described in the Legal Description attached to Preliminary Title Report number 7360216 dated May 17, 1993 from Gateway Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference . Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of, said Purchase Agreement - Evatt Page 4 termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5 . Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not. limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seg. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . Seller' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 . 01 power,Authority. Seller has the full right, and authority S' g P Y to enter into this Agreement and to perform the transactions contemplated hereunder. 6 .02 Valid and Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller . 6 . 03 Good Title . Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . Purchase Agreement - Evatt Page 3 (ii) District ' s check payable to Escrow Holder in the amount of Sixty Five Thousand and No/100 Dollars ($65, 00.0 . 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 Gateway 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 ($65, 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 approved in writing by District prior to the closing as determined by District in its sole and absolute discretion . (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder ' s check for the full purchase price of the Subject Property (less Seller' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same 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 Purchase Agreement - Evatt Page 6 10 . Miscellaneous Provisions . 10 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties . 10 . 02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment . In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 10 . 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect . Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement . Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 10 . 04 Riahts Cumulative . Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement . The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10 . 05 Notices . Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto) , each such communication shall be in writing and shall be deemed to have been validly served, given or Purchase Agreement - Evatt Page 5 7 . Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller 's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property, 8 . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCB ' s) , benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal, state or local law. (a) Seller warrants and represents that : W 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 and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256) , and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc . , as provided for by said Federal Law and any corresponding California Government Code Sections . Purchase Agreement - Evatt Page 8 10 . 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of- a ., determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement . The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 10 . 07 Counter-parts . 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 . 10 . 11 Survival of Covenants . All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 10 . 12 Assignment . Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. Purchase Agreement - Evatt Page 7 delivered at the time stated below if: (i) deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid; or (ii) delivered by Federal Express or other private messenger, courier or other delivery service; or (iii) sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows : Seller : Carroll C . Evatt c/o Joe Beatty Real Estate- (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (4 08) 2 68-4 0 62 FAX: (408) 927-0225 District : Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn : L. Craig Britton, Acting General Manager (415) 691-1200 Fax: (415) 691-0485 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 Fax: (415) 327-9151 If sent by telegraph, cable, telecopy or other facsimile transmission, a conformed copy of such notice shall 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 indicated by the addressee ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time . Any party may change its address for such communications by giving notice thereof to the other parties in conformity with this Section. Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. Purchase Agreement - Evatt Page 10 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: Carroll C . Evatt Stanl Norton, District Counsel Date : 'nQ F n L.77'i7 Btton, Acting General Manager APPROVED AND ACCEPTED : President, Board of Directors ATTEST: District Clerk Date: i Purchase Agreement - Evatt Page 9 10 . 1 Fu rther h r m n h urt e Documents a 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 Bindina on Successors and Assigns . This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by- law, on the successors and permitted assigns of the parties hereto. 10 . 15 Brokers 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 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 10 . 17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate . 11 . Acceptance . Provided that this Agreement is signed by Seller and returned to District on or before August 24, 1993 District shall have until midnight October 27, 1993 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. Preliminary Report GATEWAY TITLE COMPANY Escrow Number: 736-7360216-721 Your Reference No. : i EXHIBIT A j BEING A TRACT OF LAND 9 .25 CHAINS IN WIDTH AND EXTENDING NORTHERLY AND SOUTHERLY ACROSS THE NORTHWEST ONE OF SECTION THIRTY-FIVE (35) TOWNSHIP EIGHT (8) SOUTH, RANGE ONE (1) • WEST, MOUNT DIABLO BASE AND MERIDIAN AND COMPRISING 37/160 OF THE ENTIRE NORTHWEST ONE-QUARTER OF SECTION THIRTY-FIVE (35) AFORESAID; i BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION THRITY-FIVE (35) WHENCE THE NORTH ONE-QUARTER CORNER OF SECTION THIRTY-FIVE (35) AFORESAID BEARS SOUTH 89 DEGREES 15' EAST 6.12 1 2 CHAIN S,NS AND RUNNING THENCE SOUTH 39 .85 CHAINS, WHICH AN IRON BAR ON THE SUMMIT OF THE RIDGE AT THE OLD WAGON ROAD BEARS NORTH 11.62 CHAINS; WHENCE WEST 9 .25 CHAINS, WHENCE AN IRON BAR ON THE SUMMIT OF THE RIDGE WHERE THE LINE CROSSES THE OLD WAGON ROAD BEARS NORTH 8.81 CHAINS THENCE NORTH 39 .87 1/4 CHAINS TO THE NORTH LINE OF SECTION THIRTY-FIVE (35) AFORESAID; THENCE SOUTH 89 DEGREES 15' EAST 9 .25 CHAINS ALONG THE NORTH LINE OF SECTION THIRTY-FIVE (35) AFORESAID TO THE PLACE OF BEGINNING. � I I I -- -- - --------- ----� -- -- -------- ----- -- - Preliminary Report - Schedule A Gateway Title Company - 201 Saratoga Avenue EXHIBIT A4 Los Gatos, CA 95030 Santa Clara County * 408-399-7733 �8 9e �Qf Preliminary Report Escrow Number: 736-7360216-721 Your Reference No. : Escrow officer: Pat Theiss Policy(ies) contemplated: California Land Title Association Standard Coverage Policy --- - ------------- -- - MR. GARY BECK Property Address: 7172 ANJOU CREEK CIRCLE SAN JOSE, CA 95120 SODA SPRINGS, UNINCORPORATED AREA ATTN: GARY BECK Dated MAY 17, 1993 at 7:30 A.M. SCHEDULE A The estate or interest in the land described or referred to in this schedule covered by this report is: A FEE Title to the said estate or interest at the date hereof is vested in: CARROLL C. EVATT The land referred to in this report is situated in the City of Unincorporated Area, County of Santa Clara, State of California, and is described as follows: DESCRIPTION CONTAINED IN "EXHIBIT All attached hereto and made a part hereof. - --- --- ---------- ------- ------------------------ ------------- ----- - -- - -- - - - - - - Preliminary Report - Schedule A Gateway Title Company - 201 Saratoga Avenue Los Gatos, CA 95030 EXHIBIT Santa Clara County * 408-399-7733 page of.�:��. Preliminary Report GATEWAY TITLE COMPAItY Escrow Number: 736-7360216-721 Your Reference No. : N O T E S A N D R E Q U I R E M E N T S TAX INFORMATIONAL NOTE: COUNTY TAXES FOR FISCAL YEAR 1992-93, HAVE BEEN PAID AS FOLLOWS: BILL/AP NO. : 558-33-002 CODE: 80-060 1ST INSTALLMENT: $374 .29 2ND INSTALLMENT: $374 .29 HOMEOWNERS EXEMPTION: --NONE-- SUPPLEMENTAL TAX INFORMATIONAL NOTE: SUPPLEMENTAL COUNTY TAXES FOR FISCAL YEAR 1992-93, HAVE BEEN PAID AS FOLLOWS: BILL/AP NO. : 558-33-002-91 CODE: 80-060 1ST INSTALLMENT: $98.26 2ND INSTALLMENT: $98.26 NOTE: I NO CONVEYANCES OF THE HEREIN DESCRIBED PROPERTY WAS RECORDED DURING THE 2 YEAR PER IOD PRECEDING THE DATE OF THIS REPORT. NOTE: THE COUNTY OF SANTA CLARA IMPOSES AN ADDITIONAL MONUMENT PRESERVATION FEE OF $10.00 FOR RECORDING A DEED WITH A LEGAL DESCRIPTION OTHER THAN AN ENTIRE LOT SHOWN ON A RECORDED FINAL MAP. LAST INSURED TRANSACTION: NO SHORT TERM ARB: 558-33-002 APN: 558-33-002 COMPARED BY: . . . . . . -- - -- ----- - - -- - -- ----------------------------------------- - -- -- - - - - - - - -- - - - - - - Preliminary Report - Schedule B PAGE 2 EXHIBIT Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 page Df �.e SCHEDULE B Preliminary Report GATEWAY TITLE COMPANY Escrow Number: 736-7360216-721 Your Reference No. : At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: 1 . ;THE REQUIREMENT THAT THIS COMPANY BE FURNISHED A STATEMENT OF IDENTITY FROM ALL PRINCIPALS TO THE CONTEMPLATED TRANSACTION AND THAT THE SAME BE FURNISHED AT LEAST THREE DAYS PRIOR TO CLOSE. " 2 . THE LIEN OF SUPPLEMENTAL TAXES, IF ANY ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3 .5 REVENUE NU AND TAXATION O CODE SECTIONS O S 75 ET SEQ. OF THE STATE OF CALIFORNIA. 3 . GENERAL AND SPECIAL COUNTY TAXES FOR FISCAL YEAR 1993-1994, A LIEN NOT YET DUE OR PAYABLE. 4 . "NOTWITHSTANDING THE INSURING CLAUSES OF THE POLICY(S) , THIS COMPANY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE LACK OF ACCESS TO AND FROM THE HEREIN DESCRIBED REAL PROPERTY" . 5 . RIGHT OF THE PUBLIC OVER ANY EXISTING ROADS. 6. AN EASEMENT FOR THE FREE AND NATURAL FLOW OF WATER OVER AND THROUGH SO MUCH OF SAID PROPERTY THAT LIES WITHIN ANY AND ALL NATURAL AND MAN MADE DRAINAGE COURSES, AS IT EXISTS AS OF THE DATE HEREOF. 7. ANY EASEMENTS NOT DISCLOSED BY THOSE PUBLIC RECORDS WHICH IMPART CONSTRUCTIVE NOTICE AND WHICH ARE NOT VISIBLE AND APPARENT FROM AN INSPECTION OF THE SURFACE OF SAID LAND. WATER RIGHTS, CLAIMS OR TITLE TO WATER. 8. THE COMMUNITY INTEREST OF THE SPOUSE OF CARROLL C. EVATT IF MARRIED THEIR CURRENT MARITAL STATUS NOT BEING DISCLOSED OF RECORD. - - --- - - ---- - -- -------------------- - ------ --- --- -- -- - -- - --- -- - - - - --- - - - - - - - - - - - Preliminary Report - Schedule B PAGE 1 Gateway Title Company - 201 Saratoga Avenue EXHIBIT Santa Clara County * 408-399-7733 Page of IL r is-jy� oil; Q b , Two as • aIw F F F Cfl Lu Dal i 0 I 34 K loomR 24.70 K 160 K / gI i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a ��s o 14\ l5 '.0 K i Preliminary Report GATEWAY TITLE COMPANY Escrow Number: 736-7360216-721 Your Reference No. : N O T E S A N D R E Q U I R E M E N T S --------------- --- --- - -- ----- - - - - Preliminary Report - Schedule B PAGE 3 EXHIBIT Gateway Title Company - 201 Saratoga Avenue Santa Clara County * 408-399-7733 Page Of Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-126 Meeting 93-22 November 17, 1993 i AGENDA ITEM District Contribution to Peninsula Open Space Trust Toward Acquisition of the Former Phleger Property ACTING GENERAL MANAGER'S RECOMME146ATION Adopt the attached Resolution authorizing an advance of $3,000,000 to Peninsula Open Space Trust toward the District commitment of $6,000,000 as a part of the purchase price of the former Phleger property which is being acquired by the Federal government as an addition to the Golden Gate National Recreation Area. BACKGROUND When the District first annexed a portion of San Mateo County in June 1976, the 1,200-acre Phleger property was identified as the highest priority property for preservation. It was considered the "keystone" open space area linking the 23,000-acre San Francisco watershed lands with Huddart County Park. Because this property was owned by the prominent Herman Phleger family, it was suggested that the acquisition would be an ideal project for a proposed non-profit land trust. Peninsula Open Space Trust (POST) was incorporated in early 1977. In researching their files, POST found a February 1977 letter from the District describing the proposed Phleger project and suggesting possible methods for approaching the acquisition. At that time, it was hoped POST could eventually negotiate a gift, bargain sale, or an outright purchase and raise funds for a portion or all of the cost, thereby reducing or even eliminating a District contribution to the acquisition. POST independently determined that preservation of the Phleger property was a top priority and initiated a series of low-key discussions with the owners which culminated in June 1990 with the property being offered to POST at the appraised value of$28 million. In December 1990, POST entered into an agreement to acquire the property at a bargain price of $25 million with eight months to raise the $14.5 million down payment. The funds for the down payment came from POST's entire revolving land acquisition fund of $5 million, a Save the Redwoods League contribution of $2.5 million, fund raising in the amount of $3 million, and sale of the estate house for $4 million. POST has since spent an additional $.75 million for master planning the site, contracting for surveys of the property, and other out-of-pocket costs associated with raising the purchase funds and managing the property. The property is adjacent to the San Francisco Crystal Springs Watershed lands, which is entirely within the boundaries of the Golden Gate National Recreation Area (GGNRA). The Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager.Herbert Grench Board o(Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i R-93-126 Page 2 GGNRA currently manages the wildlife refuge easement encompassing the entire 23,000- acres. The Phleger property also includes over a mile of frontage on State Highway 35 (Skyline Boulevard), a state scenic highway, has the potential for a significant portion of the Bay Area Ridge Trail, and contains a prominent ridge and associated fire break trail that could become a part of the future City to the Sea Trail, ultimately connecting the Redwood i with Pacific For h reasons, h sheerprominencef h C ty area t the ac c Coast. o these easo s, and the s ee o the property as a major element of the scenic backdrop to the San Francisco peninsula, POST sought a federal appropriation to acquire this property as an addition to the GGNRA. In June 1992, by congressional action, the Golden Gate National Recreation Area boundaries were expanded to include the former Phleger property. Most recently, funding legislation for $5.25 million was appropriated as the first half of the remaining purchase price. It is hoped that the final $5.25 million will be appropriated next year. As a part of the original purchase contract, the Phleger family agreed to forgo interest on the g Y g $10.5 million purchase price balance until December 1993, a present value savings of over $2 million. However, beginning December 7, 1993, POST will be required to pay interest on the remaining principal balance to the family at the rate of 8% per annum ($70,000 per month), until the property can be sold as an addition to the Golden Gate National Recreation Area, or the property can be refinanced in some manner pending federal acquisition. DISCUSSION At your meeting of October 23, 1991 (see report R-91-124 dated October 13, 1991) you adopted a resolution supporting the Town of Woodside's Measure "G". This was an advisor vote to raise $2.5 million in the form of an assessment district, enabling the Town of Woodside to acquire development rights over two surplus parcels of District land adjacent to the Teague Hill Open Space Preserve. These two areas, totalling 70-acres, were a part of the former Willen Corporation 625-acre property that had been declared surplus by the District at the time of purchase in 1988. By acquiring the development rights over these surplus parcels, Woodside could have assisted the District with its need to recapture some of the $7.5 million paid for the Willen Corporation property, while preserving an additional 70- acres of open space land adjacent to the developed area of the Town. The main reason for your support of this measure was to eliminate the need to sell these parcels, while still helping to obtain the funds necessary to meet the District's commitment to the Phleger acquisition project. Your adopted resolution also included a section formally committing the District to a pledge of $6 million toward the Phleger acquisition. At that time, it was anticipated the District would meet the commitment by selling the development rights on the surplus parcels to the Town of Woodside for $2.5 million (which was appraised at $3.5 million); plus $3.5 million of District general funds. If Measure G failed, which it did by only 24 votes, the District expected to meet the Phleger pledge by selling the surplus parcels for as much as $4 million and utilizing $2 million or more of general fund revenues to make up the difference. i R-93-126 Page 3 Because of the poor economic conditions in the country and particularly in the State of California, real estate values have softened, and it is currently estimated that the surplus sites would sell for no more than $3 million; therefore, the District would have to use at least $3 million in general fund revenues to honor this pledge. In any event, selling the surplus parcels is currently a necessity in order to honor the District's entire commitment to POST for this top priority open space acquisition project. Peninsula Open Space Trust has now approached the District to make a first installment payment of$3 million toward the full $6 million pledge. Their need is of emergency proportions, because of the pending $70,000 per month interest cost they face beginning next month. Paying this first half of the District's pledge this year is an excellent financial arrangement, because it allows the District an additional year to sell the surplus parcels in order to raise the pledge balance. This also meshes with the federal funding appropriation for the completion of the project. However, it is important that the District be assured that the first portion of the property is actually acquired as an addition to the Golden Gate National Recreation Area at the time of the District payment. This first acquisition process by the Federal government will take several months, yet POST needs the District funds now in order to circumvent the colossal interest payments which begin in December. As a result of negotiations with POST and as approved by District legal counsel, the proposal before you is to "lend" POST $3 million at 5% interest for one year beginning December 3, 1993, with the 544-acre portion of the former Phleger property (see attached map) offered as security for the loan under a recorded Deed of Trust. At such time as the Federal government acquires this area as the first portion of their transaction, the District will forgive the loan and any accrued interest, by reconveying the Deed of Trust as a part of the close of escrow between POST and the Federal government. The reconveyance would be returned to you for formal approval as the date of closure nears. The second $3 million half of the District's pledge would be paid when the Federal government acquires the balance of the property totaling 684-acres, hopefully after the sale of the Teague Hill surplus parcels. The overall transaction exceeds the District's greatest expectations for the outcome of this critical acquisition project. Of the actual appraised value of $24 million ($28 million less the $4 million for the sale of the estate home), the District is contributing only $6 million, or 25% of the value of the property. The entire project is an outstanding example of a regional cooperative effort involving the District, the Federal government, Peninsula Open Space Trust, Save the Redwoods League, and the many citizens of the area who have contributed endless time, energy and especially funds toward this successful public/private venture that is now within reach. Peninsula Open Space Trust, its Board of Directors, advisory council, and Audrey Rust and her staff are to be commended for their incredible effort and success. Prepared by: L. Craig Britton, Acting General Manager Contact person: Same as above Proposed POST Property Addition to Glen Gate National Recrez )n Area vvt FILOLI CENTER SAN FRAN ... WATERSHED LANDS .: l ` ''"' PRIVATE PROPERTY :; 7 ,e, LANDS OF PENINSULA OPEN SPACE TRUST (POST) POST 544 AC. �l) .27 AC:— ,� HUDDACIT PARK 207 AC. .. ...........ot : Ii V7 5 . ci Y, T ..:filw0a ............. PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE G5' zr TEAGUE HILL OPEN SPACE PRESERVE `Tu.�Mtn kwpte S�h ALI OR I WATER S % S EL CORTE DE MADERA OPEN SPACE PRESERVE "Nov 1993 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A SECURED LOAN TO PENINSULA OPEN SPACE TRUST TO BE FORGIVEN UPON SALE OF THE FIRST PHASE OF THE PURCHASE OF THE FORMER PHLEGER PROPERTY BY THE FEDERAL GOVERNMENT AS AN ADDITION TO THE GOLDEN GATE NATIONAL RECREATION AREA AND COMMENDING PENINSULA OPEN SPACE TRUST AND ITS PARTNERS AND SUPPORTERS FOR THEIR INCREDIBLE SUCCESS WHEREAS, Peninsula Open Space Trust has acquired the former 1,200-acre Phleger property, with an appraised value of over $28,000,000 dollars; and WHEREAS, Peninsula Open Space Trust has assembled and nearly completed the highly imaginative regional cooperative effort to raise the funds necessary to resell the former Phleger property to the Federal government as an addition to the Golden Gate National Recreation Area for a mere $10,500,000; and WHEREAS, Peninsula Open Space Trust's partners included the Midpeninsula Regional Open Space District and Save the Redwoods League as well as the thousands of individuals who contributed tireless time, effort, and most importantly, financial support toward the success of this project; and WHEREAS, the District has pledged $6,000,000 toward this imaginative and seemingly impossible project and is willing to advance the first $3,000,000 (one-half of its pledge) in anticipation of the close of escrow with the Federal government for the first phase of their purchase transaction to permanently preserve this property as an addition to the Golden Gate National Recreation Area. NOW THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section One. The Board of Directors for the Midpeninsula Regional Open Space District does hereby approve and authorize an advance "loan" of$3,000,000 for one year at 5% simple interest to Peninsula Open Space Trust; to be secured by the 544-acre portion of the former Phleger property in the form of a recorded Deed of Trust, which is the same area to be purchased by the Federal Government in the first phase of the acquisition project. Resolution No. Page 2 Section Two. The Board of Directors for the Midpeninsula Regional Open Space District further approves and authorizes the "forgiving" of this loan upon sale of said 544-acre portion of the Phleger property to the Federal government as an addition to the Golden Gate National Recreation Area, which forgiveness shall be in the form of a full reconveyance of said Deed of Trust at the time of close of escrow of such sale. Section Three. The Acting General Manager of the District shall cause to be given appropriate notice of approval of the secured advance of funds to Peninsula Open Space Trust. The Acting General Manager further is authorized to prepare, and with the advice of legal counsel, execute any and all other documents necessary or appropriate to the closing of the transaction. Section Four. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of $3,000,000 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be, reserved or allocated on a long- term basis, or otherwise set aside to pay the costs of this open space land acquisition project, which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Section Five. The Board of Directors of the Midpeninsula Regional Open Space District does hereby heartily commend and congratulate Peninsula Open Space Trust, its Board of Directors, advisory council, and hard working staff for their tireless efforts in guiding the colossal "Phleger project" from an idea to a success. Section Six. The Board of Directors of the Midpeninsula Regional Open Space District does also commend and congratulate all of the citizens of the San Francisco peninsula who tirelessly contributed time, effort and, especially, financial support to help make this highly creative and nearly unattainable idea a reality for the benefit of current and future generations of area residents. Open Space ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-127 Meeting 93-22 November 17, 1993 AGENDA ITEM Property Tax Allocation from Proposed East Palo Alto lGateway/101 orridor Redevelopment Project ACTING GENERAL MANAGER'S RECOMMENDA Adopt the attached resolution approving the fiscal agreement between the Redevelopment Agency of the City of East Palo Alto and the District. DISCUSSION Since 1989, the City of East Palo Alto and its Redevelopment Agency have been focusing on a redevelopment project for the southwesterly portion of East Palo Alto to the east of Highway 101. The East Palo Alto Gateway/101 Corridor Redevelopment Plan has been proposed to provide needed financial resources to facilitate the redevelopment of approximately 146 acres located at a primary entrance point to the city, southeast of its key arterial, University Avenue. The redevelopment of this area is viewed as critical to the future economic and social health of the East Palo Alto community. The project area is generally bounded by Highway 101 and East Bayshore Road on the south; Pulgas Avenue on the east; Donohoe and Bell Streets on the north; and University and Capitol Avenues on the west (see attached map). The project area includes a mixture of residential, commercial, institutional, and agricultural land uses. An unused school site, formerly Ravenswood High School, occupies about 20% of the project area. The plan proposes to redevelop this school site as a commercial shopping center to retain sales dollars and capture the city's fair share of the region's sales dollars. It is anticipated that it will take several years to meet the goals and objectives for successful development of the project area. The City Council of the City of East Palo Alto and the Redevelopment Agency of the City of East Palo Alto will be holding a joint public hearing to consider the adoption of the proposed adoption of the Redevelopment Plan for the Gateway/101 Corridor Redevelopment Project on November 29, 1993. Pursuant to current California community redevelopment law, the District, as one of the "affected taxing entities" has participated on the project's fiscal review committee to examine the fiscal effects of the proposed redevelopment project upon the affected taxing entities. The proposed fiscal agreement between the Redevelopment Agency of the City of East Palo Alto and the District is based on AB 1290, the Community Redevelopment Law Reform Act of 1993 that will take effect on January 1, 1994. The provisions of AB 1290 are numerous Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 Genera!Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit R-93-127 Page two and touch almost every major area of the Community Redevelopment Law. In particular, AB 1290 eliminates the fiscal review committee process and negotiated pass-through payments to affected taxing entities and replaces them with a statutory schedule of mitigation payments. AB 1290 requires statutory pass-throughs to all taxing entities. The statutory pass-through formula establishes three overlapping tiers of payments to affected taxing entities, as follows: (1) During each year the agency receives tax increment, an agency will be required to pay the affected taxing agencies 20% of the gross tax increment. (2) In addition to the payment above, beginning in the 11th fiscal year that the agency receives tax increment and continuing so long as the agency receives tax increment, the agency will be required to pay the affected taxing agencies 16.8% of the gross tax increment generated by increases in the project area assessed value occurring after the 10th fiscal year in which the agency receives tax increment. (3) In addition to the payments described in (1) and (2), beginning in the 31st fiscal year that the agency receives tax increment and continuing so long as the agency receives tax increment, the agency will be required to pay the affected taxing agencies 11.2% of the gross tax increment generated b increases in the project area assessed g g Y P J value occurring after the 30th fiscal year in which the agency receives tax increment. The District's percent share of the projects area's tax revenue is 1.19% or approximately $2,000 for fiscal year 1992-1993. Based on the AB 1290 formula over the 40 years of the project, the District's pass-through allocation, in future dollars, is projected at $840,988. Copies of documents related to the East Palo Alto Gateway/101 Corridor Redevelopment Project, including the Preliminary Report, Final Environmental Impact Report, and Report to Council, are available at the District office for public inspection. Prepared by: Jean H. Fiddes, Administrative Services Manager Contact person: L. Craig Britton, Acting General Manager I i slip an I=swam =; ILA rii�ll: on no Is on Sm _ In .• �► __ on api 1 ` ?30} 0}OD}? a 0784 0736 0840??0}}0?????? 0("?!?"???0(?"??10(???1! (t??????}00}??!?}??80 88?t0 0("0(")00)??(0 0(??!??????Di???1! {(??!??}00}l0 0( R S I i RESOLD,ION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING FISCAL AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF EAST PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, the Midpeninsula Regional Open Space District is a taxing agency with territory located within the Project Area for the East Palo Alto Gateway/101 Corridor Redevelopment Project; and WHEREAS, the Redevelopment Agency of the City of East Palo Alto is in the process of preparing and presenting to the City Council of the City of East Palo Alto for adoption the Redevelopment Plan for the Gateway/101 Corridor Redevelopment Project Area; NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Midpeninsula Regional Open Space District does hereby elect to approve the attached Fiscal Agreement Between the Redevelopment Agency of the City of East Palo Alto and the j Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, for the East Palo Alto Gateway/101 Corridor Redevelopment Project and authorizes the President or appropriate officer to execute the agreement. FISCAL AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF EAST PALO ALTO, AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT This Fiscal Agreement (the "Agreement") by and between the Redevelopment Agency of the City of East Palo Alto (the "Agency") , and Midpeninsula Regional Open Space District, (the "District") is executed as of the day of 1993 , with reference to the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in Article 1 of this Agreement. The parties intend to refer to those definitions in connection with the use thereof in this Agreement. B. The Agency is in the process of preparing and presenting to the City Council of the City for adoption the Redevelopment Plan for the Gateway/101 Corridor Redevelopment Project Area. C. Pursuant to (1) Section 16 of Article XVI of the constitution of the State of California, (2) Health and Safety Section 32670 'et sea. , and (3) the Plan, the Agency is entitled to receive Tax Increment Revenue to pay the principal of and interest on loans of, monies advanced to, or indebtedness incurred by, the Agency to finance, in whole or in part, redevelopment in accordance with the Plan. D. The District is a taxing agency with territory located within the Project Area and has concerns over the potential negative impact of the Plan on its financial situation. E. A fiscal review committee was convened for the Plan pursuant to Health and Safety Code Section 33353 and meetings were held that were attended by the District and other affected taxing entities. F. The fiscal review committee determined, and the Agency has found that, but for the fiscal mitigation measures set forth in this Agreement, the Project undertaken pursuant to the Plan would create a financial burden or detriment on the District as defined in Health and Safety Code Section 33012 . G. In consideration of this Agreement determining the obligations of the Agency with respect to the Project and the Plan, the District is foregoing the right to contest the adoption of the Plan. -1- NOW, THEREFORE, the Parties agree as follows: ARTICLE 1 DEFI NITIONS The followingge neral definitions shal l govern this g Agreement: 1. 1 "Agency" means the Redevelopment Agency of the City of East Palo Alto. 1. 2 "Plan" means the Redevelopment Plan for the Gateway/101 Corridor Project which has been prepared by the Agency and presented to the City Council of the City for adoption. 1. 3 "City" means the City of East Palo Alto, California. 1. 4 "City Council" means the City Council of the City of East Palo Alto, California. 1. 5 "Community Redevelopment 'Law" mans the California Community Redevelopment Law (Health and Safety Code Section 33000 et sea. ) . 1. 6 "District" means Midpeninsula Regional Open Space District. 1. 7 "District Share" means the proportionate percentage share of Tax Increment Revenue that the District would have received as property taxes from the Project Area at the time of the effective date of this Agreement if there were no provision in the Plan for the division of taxes pursuant to Health and Safety Code Section 33670 et sea. 1. 8 "First Adjusted Base Year" means the tenth (10th) Fiscal Year in which the Agency receives Tax Increment Revenue. 1. 9 "Fiscal Year" means the time period commencing with July 1 and ending with June 30 of the following calendar year. 1. 10 "Net Tax Increment Revenue" means Tax Increment Revenue less an obligations of the he Agency to set aside e funds for o g Y low and � mode income rate n ome hous ing, g, pursuant to the Community Redevelopment Law. -2- 1. 11 "Project" means the program of redevelopment to be undertaken by the Agency in the Project Area pursuant to the provisions of the Plan and the Community Redevelopment Law. 1. 12 "Project Area" means the Gateway/101 Corridor Project Area of the Plan. 1. 13 "Second Adjusted Base Year" means the thirtieth (30th) Fiscal Year in which the Agency receives Tax Increment Revenue. 1. 14 "Tax Increment Revenue" means those taxes allocated to and received by the Agency pursuant to Health and Safety Code Section 33670 et seq, from increases in assessed valuation of the property in the Project Area above the valuation shown on the assessed valuation roll last equalized prior to the date of adoption of the City ordinance adopting the Plan. ARTICLE 2 PAYMENTS TO DISTRICT Section 2 . 1 Payments to the District. (a) Beginning with the first Fiscal Year in which the Agency receives Tax Increment Revenue and continuing through the last Fiscal Year in which the Agency receives Tax Increment Revenue, the Agency shall pay to the District an amount equal to twenty-five percent (250) of the District Share of the Net Tax Increment Revenue. (b) Beginning with the eleventh (11th) Fiscal Year in which the Agency receives Tax Increment Revenue and continuing through the last Fiscal Year in which the Agency receives Tax Increment Revenues, the Agency shall pay to the District, in addition to the amounts set forth in subsection (a) above, an amount equal to twenty-one percent (21%) of the District Share of a portion of the Net Tax Increment Revenue, which portion shall be the portion by which the Net Tax Increment Revenue for the Fiscal Year in which payment is to be made pursuant to this subsection (b) exceeds the Net Tax Increment Revenue in the First Adjusted Base Year. (c) Beginning with the thirty-first (31st) Fiscal Year in which the Agency receives Tax Increment Revenue and continuing through the last Fiscal Year in which the Agency receives Tax Increment Revenue, the Agency shall pay to the District, in addition to the amounts set forth .in subsection (a) and (b) above, an amount equal to fourteen percent (140) of the District Share of a portion of the Net Tax Increment Revenue, which SSIOC6.PSO 10/26/93 -3- portion shall be the portion by which the Net Tax Increment Revenue for the Fiscal Year in which payment is to be made pursuant to this subsection (c) exceeds the Net Tax Increment Revenue for the Second Adjusted Base Year. 2 . 2 Time of Payment. The Agency shall make the payments required pursuant to Sections 2 . 1 for a given Fiscal Year within thirty (30) days of receipt by the Agency of the last installment of Tax Increment Revenue for such Fiscal Year. Each payment made by the Agency shall be accompanied by a statement setting forth in reasonable detail the basis on which the determination' of the amount of payment has been made. 2 . 3 Limitation on Payments. Notwithstanding any other provision of this Agreement, no payments shall be made to any Taxing Agency, if (a) the receipt of the payment would cause any Taxing Agency to exceed its expenditure limitations under Article XIII B of the California Constitution; or (b) the payment would be contrary to the provisions of Health and Safety Code Section 33401 or violate any other provisions of law. Any excess amounts under this section 2 . 3 shall be retained by the Agency for distribution, in the Agency's sole discretion, for the purposes of paying indebtedness incurred by the Agency in carrying out the Plan. 2 . 4 Priority of Agency' s Obligations. (a) The following capitalized terms shall have the following meanings unless the context otherwise requires : i) The term "Long-Term Indebtedness" means any indebtedness with a maturity ir; excess of three years issued by the Agency for the purpose of financing or refinancing the Project which is in whole or in part payable from or secured by a pledge of Tax Increment Revenue from the Project Area. ii) The term "Refunding Indebtedness" means any indebtedness issued (whether as a separate issue or as part of an issue) by the Agency for the purpose of refunding or defeasing previously issued Long-Term Indebtedness, provided that the maximum annual debt service on such Refunding Indebtedness does not exceed the maximum annual debt service on the Long-Term Indebtedness refunded or defeased; and provided, further, that the principal amount of Refunding Indebtedness may exceed the principal amount of the Long-Term Indebtedness it refunds or defeases. SSIOC6.PSO 10/26/93 -4- (b) The District hereby agrees to subordinate its rights to receive Tax Increment Revenue payments under the Agreement, as follows: As to any Long-Term Indebtedness issued after the date of this Agreement, the District hereby consent to the subordination of its rights to receive payments under the Agreement, provided that the Agency shall demonstrate to the reasonable satisfaction of the District that the aggregate of the Tax Increment Revenues to be subordinated are used in the cash- flow for the proposed Long-Term Indebtedness only for additional security in the form of debt service coverage, and that such revenues will be adequate, over the term of the proposed Long- Term Indebtedness, to pay 100% of the actual debt service on the proposed Long-Term Indebtedness and any other Long-Term Indebtedness or Refunding Indebtedness then outstanding and to pay the Agency's obligations under the Agreement, and any other obligations of the Agency, whether statutory or contractual, which are or would be superior to the Agency's obligations undei- the Agreement. The Agency shall make such demonstration in the form of a written financial report to the District including debt service schedules and revenue forecasts. Within 30 days after delivery of such report, the District agrees to execute and deliver to the Agency a written consent to the subordination. In no event shall any provision of this Agreement be construed to require the consent of the District to the issuance by the Agency of Long-Term Indebtedness or Refunding Indebtedness. (c) In the event that the payments to the District pursuant to the Agreement are reduced below the amount otherwise payable to it thereunder pursuant to this Agreement, then such reduction shall be treated as an advance by the District and shall be repaid by the Agency as promptly as possible and with interest at a rate equivalent to the Local Agency Investment Fund rate then being paid, provided that such repayment shall remain subordinate to any then outstanding Long-Term Indebtedness or Refunding Indebtedness. The Agency shall use all Tax Increment Revenue available to it after payment of debt-service on such outstanding Long-Term Indebtedness and Refunding Indebtedness to repay such advances and accrued interest. 2 . 5 Section 33676 Election Superseded. District acknowledges that this Agreement supersedes any purported right to election under Health and Safety Code Section 33676 with respect to the Plan or predecessor redevelopment plans. The District shall not make any election pursuant to Health and Safety Code Section 33676, and this Agreement supersedes any election previously made or purported to be made by the District pursuant to Health and Safety Code Section 33676. Any such 551OC6.PSO 10/26/93 -5- election or purported election shall be null and void. The District shall take any action required by the County Auditor- Controller or other responsible County official required to rescind any such prior election and to notify the County Auditor- Controller or other responsible County official that the District has elected not to receive any amounts pursuant to Health and Safety code Section 33676 . The District shall received no payment of Tax Increment Revenue other than as provided in this Agreement. 2 . 6 Indebtedness of the Agency. The payments to be made pursuant to this Article 2 shall constitute an indebtedness of the Agency incurred in carrying out the Project and a pledge of Tax Increment Revenue from the Project to repay such indebtedness under the provisions of Article XVI, Section 16 of the Constitution of the State of California and under the Community Redevelopment Law. ARTICLE 3 GENERAL PROVISIONS 3 . 1 Elimination of Financial Burden; No Contest of Plan. The District acknowledges and agrees that the payments to be made and the actions to be undertaken by the Agency pursuant to this Agreement will effectively eliminate any financial burden or detriment that would otherwise be caused by the adoption of the Plan and implementation of the Project. In consideration of such payments and actions, the District agrees to forgo any right or remedy the District may have in law or equity to contest the preparation, adoption, or validity of the Plan (including, without limitation, any right or remedy pursuant to the California Environmental Quality Act) and the implementation of the Project contemplated to be undertaken pursuant to the Plan. The District further declares its support for the efforts of the Agency and the City in connection with the preparation, adoption and implementation of the Plan. 3 . 2 Notices. All notices, statements, or other communications made pursuant to this Agreement to another Party shall be in writing, and shall be sufficiently given and served upon the party if sent by United States registered mail, return receipt requested, postage prepaid, and addressed as follows: SSIOC6.PSO 10/26/93 -6- Agency: Redevelopment Agency of the City of East Palo Alto 2415 University Avenue East Palo Alto, CA 94303 Attn: Executive Director District Midpeninsula Regional open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager Any Party may change its address for notice purposes by written notice to the other party prepared and delivered in accordance with the provisions of this Section 3 . 2 . 3 . 3 No Third Party Beneficiaries. No person or entity other than the District, the Agency, and their permitted successors and assigns, shall have any right of action under this Agreement. 3 .4 Litigation Regarding Agreement. In the event litigation is initiated attacking the validity of this Agreement, each Party shall in good faith defend and seek to uphold the Agreement. 3 . 5 Term of Agreement. This Agreement shall take effect as of the date of adoption of the City ordinance adopting the Plan and shall terminate upon the earliest to occur of: (a) the entry of final judgement by a court of competent jurisdiction invalidating the Plan, the adoption of the Plan or any proceedings in connection therewith (including without limitation California Environmental Quality Act issues) ; (b) certification by the County Registrar of Voters of a "no" vote in a referendum election on the Plan or repeal of the ordinance adopting the Plan by the City council upon receipt of a referendum petition; or (c) expiration or termination of the Plan and completion of all obligations of the parties under this Agreement incurred during the term of the Plan. Following termination, neither of the Parties shall have any further rights or obligations under this Agreement. The District acknowledges and agrees that, following satisfaction of all obligations of the Agency under the Plan, the City and the Agency may cause expiration of the Plan prior to the currently contemplated date for such expiration. -7- 3 . 6 State Law. This Agreement, and the rights and obligations of the Parties hereto, shall be construed and enforced in accordance with the laws of the State of California. 3 . 7 Attorneys ' Fees. In any action which a Party brings to enforce its rights hereunder, the unsuccessful Party shall pay all costs incurred by the prevailing Party, including reasonable attorneys ' fees. 3 . 8 Entire Agreement. This Agreement constitutes the entire and integrated agreement of the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by written instrument executed by each of the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. DISTRICT: AGENCY: I Midpeninsula Regional open Redevelopment Agency of the Space District City of East Palo Alto By: By: Its: Executive Director APPROVED AS TO FORM: By: Agency Counsel 8- Open Space R-93-122 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-22 November 17, 1993 AGENDA ITEM Exchange of Easements with Pacific Gas and Electric Company a aric o San Antonio n g P Y � Space Preserve ACTING GENERAL MANAGER'S RECOMME �QN Adopt the attached resolution authorizing an exchange of easements with Pacific Gas and Electric Company to eliminate overhead lines. DISCUSSION At your meeting of September 8, 1993, you approved a license agreement with Smart SMR to accommodate a communications site at the California Water Service tank site near Mora Drive (see report R-93-97). The advantage to the District was that Smart SMR was going to underground electric and telephone lines, not only to their facility, but also to the upper ranger duplex at Rancho San Antonio Open Space Preserve. The removal of the overhead lines in this location greatly improved the aesthetics of the preserve and more than mitigated the visual intrusion of the low-key cellular facility at the water tank site. After beginning construction, Smart SMR realized that the single service electrical lines could not be undergrounded without undergrounding the entire 12 thousand volt electrical trunk line that is the source of power for the Rancho field office. The undergrounding of this entire line requires PG&E assistance, a formal easement for maintenance, and a much more involved and expensive construction process. When this transaction was originally negotiated, it was hoped that the entire service would be undergrounded; however, it was too expensive to justify in exchange for District accommodation of the communication facility proposed by Smart SMR. PG&E is now insisting on this extra work. Because of the ongoing maintenance obligation, PG&E requires a formal easement from the District. After construction, PG&E will quitclaim the unneeded overhead easement. Since most of the new service will be along the existing service road, staff supports the entire concept. All of the land affected by this proposed exchange of easement rights is dedicated as public open space. As a result, under the District's enabling legislation, a unanimous vote of the Board is required. Prepared by: L. Craig Britton, Acting General Manager Contact person: Same as above Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonetle Hanko,Betsy Crowder,Wim de Wit MIDPSNINSULA REGIONAL OPEN SPACE DISTRICT Rancho San Antonio Open Space Preserve RHUS-RIDGE ' S`` ` l� 7 '� `'`- ��rn ,� "�`- =1�`. ,t• 5�, `� �4 .�• Fz Z ROAD �� �s/ ��r Mora Preserve r rs ' ,• Boundary Water Tank r„ BICYCLES ALLOWED ONLY ON ROAD INTO'" x' Existing 'Q � %� r,a DEER HOLLOW FARM OR ON BIKE TRAILS Existing Pole Lin y,Ranger Residence IN, RANCHO SAN ANTONIO COUNTY PARK s L :"S- ''�- Quiteclaim of �: . �L i. `C)� � t� w 'Existing Overhead e� a4 `l l Power Line Proposed..—Easement for New 0.3 3 Underground {� i.a - __� r Power line r Existing v Pole Line !-Existing Road . I \ \f./ \ • '. + Scale: Schematic • `'-�,l/� �� • � :� , 7 S� RANCHO SAN ANTONIOI COUNTY PARK f� �s;0.51 ::r l -67 07 02 ROGUE VALLEY,'-;. . " 'fir�� �...., _ � • , �n N,'`/1 '.-' MEADOW RIDGE 0.3 `• �- 10auSEER HOLLOW =� 0.3 �0.3 "�—i�_ FARM RANGER OFFICE_ ` SITE MAP: . -.EXCHANGE OF EA NOTE: EASEMENTS WITH PACIFIC GAS & ELECTRIC COMPANY rs -- TRAIL DISTANCE rr" /JI//,' C�✓� •' �/ ' IN MILES Nov 1993. .. ��� - �� Cer f aip _ 'u IV AE f, .S '.t`=• ',� ,+Ar'K a, aZ s,Y -� � � \// g��l -•�..1 It ��� �.��/1 (s RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE QUITCLAIM OF INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AUTHORIZING OFFICER TO EXECUTE DEED RELEASING EASEMENT RIGHTS, AND AUTHORIZING ACTING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (RANCHO SAN ANTONIO OPEN SPACE PRESERVE - EXCHANGE OF EASEMENTS WITH PACIFIC GAS AND ELECTRIC COMPANY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Easement Deed releasing to Pacific Gas and Electric Company certain underground rights, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Deed on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute certificate of acceptance to the Quitclaim Deed relinquishing the overhead utility easement being received by the District from Pacific Gas and Electric Company. Section Three. The Acting General Manager of the District shall cause to be given appropriate notice of acceptance to Pacific Gas and Electric Company. The Acting General Manager further is authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Four. The Board of Directors finds that the granting and releasing of the interests in District property is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Rancho San Antonio Open Space Preserve. 623111A(REV.1-90) AFTER RECORDING,RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Land Department 111 Almaden Blvd., Rm. 502 San Jose, California 95115-0005 Location: City/Uninc Recording Fee Document Transfer Tax $ NONE Computed on Full Value of Property Conveyed, or Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale. Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) 4000-0518 MIDPENINSULA REGIONAL OPEN SPACE DWRICT EASEMENT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public body of the State of California, who acquired title as MIDPENINSULA REGIONAL PARK DISTRICT, a public body of the State of California, hereinafter called first party, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, and PACIFIC BELL, a California corporation hereinafter collectively called second party, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified together with a right of way therefor, within a strip or parcel of land or along a route as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands situate in the county of Santa Clara, State of California, described as follows: (APN 331-18-06) The parcel of land described and designated PARCEL ONE under and by virtue of the Final Order of Condemnation dated June 12, 1975 and recorded in Book B459 of Official Records at page 304, Santa Clara County Records . Said facilities shall consist of: Such poles, aerial wires, cables, electrical conductors with associated crossarms, braces, transformers, anchors, guy wires and cables; and such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as second party deems necessary; all to be located within the strip of land of the uniform width of 10 feet, the center line of which is delineated by the heavy dashed line as shown upon the print of second party' s Drawing No. SJB-1981 attached hereto and made a part hereof. �P.G&EOPY.1�4 Cop C Second party, follow.g consultation with first arty, shall also have the reasonable right from time to time to trim and to cut down and clear away or otherwise control any and all trees and brush now or hereafter on said strip of land or along said route, as hereinbefore set forth, and shall have the further right from time to time to trim and to cut down and clear away any trees on either side of said strip of land or along said route, as hereinbefore set forth, which now or hereafter in the opinion of second party may be a hazard to the facilities installed hereunder by reason of the danger of falling thereon, provided, however, that all trees which second party is hereby authorized to cut and remove, if valuable for timber or wood, shall continue to be the property of first party, but all branches and brush shall be burned or removed by second party. First party shall not erect or construct any building or other structure or drill or operate any well under or within 5 feet of the center line of second party's electrical conductors or within said strip of land. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. The legal description for this utility distribution easement was prepared by Pacific Gas and Electric Company under Section 8730 (c) of the Business and Professions Code. Dated 19-. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, By President Board of Directors Attest: District Clerk Mission Trail Region, De Anza Division, SD 41E89581, WO 517582D, MAP G12-11 & 12, F.B. 151-36, DRWG. SJB-1981, E1/2 OF SE1/4 OF SEC. 8, T.7S., R.2W. , M.D.B.&M. (JBO 621-7564) :bm 10/93 i o I F0.JW10.Ka?)V AS Af➢VIA6 1 \ � PIRCEL 1 A 1hri treawar? e , E1/2 OF SE1/4 OF SEC.B 275-P11-15 P/RCEL 2 0 ,�� ,r/s --� T.7S.,R.2W.,M.0.B.I M. L------------ 275-PV-15 (S81003' W 61. 25' l ��� 1 MIDPENINSULA REGIONAL I `� F0. 3/4"IP. 2 PARK DISTRICT, / 3 a public body of the Slate cm t1 I 4 5 of California, m 6 PARCEL ONE T I E: S28°23' E 601."T--------- ----- --- 7 8 B 459 0.R.304 CENTER LINE OF 10. ,ram g I a 57R1P.OH.ELECTRIC 'n� �� 9 N COURSE TABLE c�J 10cm r-------—————————————— ` el��r W 1- S23 44. 5' E 585' +/- 13 I x I 12 ,., 14 2- N18° 0 05, 5' E 83. 0' a _ O , I 15 CENTER LINE 05 10 3 S66 09. 5E 199. 2 �' , 4- S50002. 5' E 45. 3' is 51R1P OHEECTRIC I 5- N21055' E 21. 0' 11' EXIST. PRIVATE RD. 6— S 5 0 2 6. 5' E 2 9. 2' 7— S36046' E 24. 4' I O S14ily 8- S5100 5 E 142. 3 �� ����J✓ YCY 1 9- S 3 50 5 E 69. 8 1 mir P e/n 4 r ®a' 1 1 IHE PORt/OH f0 BE ��� �� I 10-S25 28' E 52. 8' L f0 F, I W,11-S D 9°5 9. 5' E 9 5. 0' 1 G-12-11 S 12 12-SG4o22' E 22. 3' I 13-S32 52 E 17. 2 14-S 16°18' W 18. 3' I s, 41 E83561 1 I RPM.331-18 15-S24053' E 121. 4' ��r�� FB.151-36 16-S35°13. 5' W 196' +/- EXIST. POLE LINE ro�s�c ¢®�' L-------------------- �O --J `fd� MISSION TRAIL REGION Zo MICROFILMED C .- DISTRIBUTION Co error AUTHORIZATION NT W05175820 UG. E. TO SERVE WATER CO. I'� REFERENCE °"Ds. AND MIDPEN BE RNZA INSULA OPEN ° ;" flNTfl RRR = RT °� RC SPACE DISTRICT LOS ALTOS HILL rR N aaT aaa 1 OF 1 aaAaccn 1 IaA°e 211 FEET a°Rtt °Escenrta pL ,,° r SCALES: aR. a PACIFIC GAS AND ELECTRIC COMPANY aARRIRR aRraAcwwK I o.AAlle.lRr• It stRRM tears a F; a TABLE OF CHANGES DATE Ir-:s-q SAN FRIMISCO. COLIFORNIR J B—1 9 8 1 CFAATIRETERS 1N7Es Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-125 Meeting 93-22 November 17, 1993 AGENDA ITEM Permit to Enter Thornewood Property for Emergency Repairs to tate oute 84 ACTING GENERAL MANAGER'S RECOMMENDATION Authorize the Acting General Manager to execute the attached Permit to Enter with CalTrans for emergency repairs to State Route 84. DISCUSSION On May 23, 1979 you authorized the General Manager to execute a Permit to Enter for construction of a retaining wall on State Route 84 (La Honda Road), southeast of the hairpin turn adjacent to the Thornewood property (see memo M-79-87 dated May 18, 1979). Although this project was originally designed to permanently repair a chronic landslide, the problem has continued to expand, necessitating a new project to extend the retaining wall. Because the road right of way is only sixty feet wide (including all cuts and fills), it will be necessary for the construction equipment to encroach on District land. It should be noted that none of the permanent structures would be located outside the existing right of way. Although the actual area of encroachment on District property will be an area of only approximately 5,000 square feet, CalTrans needs permission to enter upon District property to complete the construction. As outlined in the permit, CalTrans assumes all liability and agrees to exercise care during the construction period, including reseeding any disturbed areas and seeking District written permission prior to removing any tree over six inches in diameter. Prepared by: L. Craig Britton, Acting General Manager Contact person: Same as above Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board o(Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Thornewood Open Space Preserve *00 360 i 1 r WUNDERLICH COUNTY :: :;::: . :.. M S� .. +►: .}.....:.. .::..:: ; 0_EN . ACE -EAS ME , PUBLIC ACCESS •�' ' "` t p p �. 4 Fjj / 73 L: {{ 40 r h • i v. %y� EgY r4:•.xy• .::Y. . ...:.:..:. ;i - .:• ..-. -:is ':.. ::� .:}::..: .,...':.:. ....' .: � ::::!;:�:i2::`' ..L t?� Right of PICNIC AREA: , Entry �. ' PICNICKING BY PERMIT ONLY ....EA . t}?v ..N FF r r Y .u{ vi. h _ ..ry 1 _ of. M r�y�. tt • l •:Mf' :.. ::. .. ... ... ....... .... ...:.. �.. 1 ' ,... ::.. 'r .f 1 :.v.` F •v 'F >� 993..:.........: f ..• ;: ::NOTE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT , 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 Please note our new address and phone numbers. Thornewood Legend Thomew Open Space Preserve is a 142acre former estate which was given to the Si rra Club Foundation in Edna Thorne's will. The property was later given to District. The Thornewood house,surrounded by 3.5 acres of ® AUTO ENTRY landscaping and breathtaking view of the valley,is an example of the gracious estate life of the 1 Os. The house and grounds are being restored by a private party, however, \inrmation. year tours of the house are offered by District HIKING ENTRY docents. The touoccur during the fall. Call the District office at(415) 691-1200 for motion. Access to the pthrough a brick gate on the south side of La Honda Road (Highway iles above its intersection with Portola Road in BICYCLING ENTRY Woodside. A naay winds through the woods for 0.3 miles before reaching the park parking area holds 12 vehicles and is located on the west side of the driveway.\A 3/4 mile trail (one-way)begins at the parking ® EQUESTRIAN ENTRY area and terminates at Schilling\ ake. The Visitor's Guide.a District p lication available free of charge,describes all the open space preserves. Topog phic maps of individual preserves are also PARKING available from the District Please c4\write or visit us: Midpeninsula Regional 19 Open Space District;330 Distel Circle;i os Altos,CA 94022; (415)691-1200. ROAD TRAIL • PATH \` X NO PUBLIC ACCESS Woodside ' +�� .3 C� CONSERVATION MANAGEMENT s "'� - a „� 1.5 UNIT: NO PUBLIC ACCESS ¢ \ 11.5 REF ENCE POINT/ n.E.v n. - 9 rs•r•roar - . •io»000• cr h wuNDEnucJi ' 6E 2'7 rn...rouc�.r �f""eylar'GAMe LAN K r•er 5.3 ►AIVt i•a•ro�• xr.• 4� •a -. a.•..I JIc - Mgrrinro, AU _ (PW Ladera 3.2 $ � e " ut. t, DISTANCE Sk;,io.Iu • p '''�\ a\ REFERENCE KS hilty ` �•`" ` o YzllEy RESTROOMS .00r 0 oos POTABLE WATER / TW 1( v Woods i a;/ r � SPACE MESE•vE \ '� BACKPACK CAMPGROUND i / /Y rtM � '• I /�rKU _ _ reuwrq RANGER RESIDENCE J PERMIT TO ENTE " Date: November 18, 1993 4-SM-84 16.4 E.A. 193941 State of California Department of Transportation Post Office Box 23440 Oakland, CA 94623-0440 Permission i hereb ranted to the State of California Department of Transportation, s p Yg hereinafter referred to as STATE, to enter upon lands of Midpeninsula Regional Open Space District, hereinafter referred to as DISTRICT, as outlined on the map attached hereto and by this reference made a part hereof, for the purpose of constructing a new retaining wall. It is understood and agreed that no tree greater than six inches in diameter will be damaged or removed from DISTRICT property by STATE without prior DISTRICT written permission. And further, STATE shall reseed any graded areas of DISTRICT property by hydromulch, seed fabric or other acceptable method. The rights and privileges hereby granted to STATE, may at the option of STATE, be exercised by any authorized agent or contractor of STATE, but only between the dates of November 18, 1993 and February 28, 1994, at which time this Permit to Enter shall automatically terminate, absent further written agreement between the parties hereto. By acceptance of this Permit to Enter, it is expressly understood and agreed by and between the parties that STATE agrees to indemnify, defend, and save the undersigned DISTRICT harmless against any and all loss, damage, and/or liability which may be suffered or incurred by DISTRICT and against any and all claims, demands, and causes of action that may be brought against DISTRICT caused by, or arising out of, or in any way connected with the use and/or occupancy of said lands of DISTRICT by STATE, its agents, contractors or assigns. STATE further agrees to assume full responsibility for any and all damages caused by STATE'S operation under this Permit and STATE shall, at its option, either repair or pay for such damages. Sincerely, MIDPENINSULA REGIONAL OPEN SPACE DISTRIC BY RECOM ENDED FO PROVAL: L. CkA-16 BRITTON, _ Acting General Manager ACCEPTED: GAR A. ARDONA STATE OF CALIFORNIA Rig Way Agent DEPARTME T OFT NSPORTATION e By ROBERT E. BAXTER, Chief W DO ief . . Project Development Operations Je7 R/W Acquisition rvices MESA A 82+ 63. 88 PGC At; a�r+ax., •vr.,� End A 81 +52. 40 PCC 12'` Beg i n Sawcut �'.•,, ��, \ ? � �` 'vement Conform ' �� �40 R�':onstr -T.r uct 50' 1 . 31, ' + 40. 00 64. 59 BC II l A Retaining WaI 1 n ' + � �' ��. �G 1� 1025. 1 5 N I11� � l emc e 5�' BGR g - . 00 4 � 1 1 Pavement Con orm �� Df Cut / = j +79 �� I FG ! 17 ESA 6 . Bf FD 101 3. 86 A 80+78. 4 1 PCC; FG 1+58 Ot4. 96 +39 75' MBG F G ' 034. 46 R / / +34. 93 . / Begin RetaIni— object Marker" See Structure 9 I j Plans s LAI DUT • Scale: . i .z5o / by / / C) 1 1 52510.1 ��0.. r r QrAul �oOl 105,Ci.0�8 0 I DH'1000 1S_2J8 l . IossJ.rz� 1obl�,�tiao / 6• �1',.J zo.00'- I / r o000.��-a` n / \ loy76.37.5' / `Q�.�g. .6�� 1002Y. 1sy 23 \ 16 - W .163.30' ---t- sz.aJ' ®� �� 1v \\ / / i C 0 V q'vi O 219.3 0' ,3 4"w 9 $� rs �g Vi \ x u 1' z� o e ; M. 5 -lot 49 j/ •N P P O z2 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-124 Meeting 93-22 November 17, 1993 AGENDA ITEM Annual Seasonal Trail Closures Information Report ACTING GENERAL MANAGER'S RE MME ATI Review and comment n e t o the attached proposed trail closures. No formal Board action is required. DISCUSSION At your August 24, 1988 meeting, you asked to be informed ahead of any action that may be taken regarding the closing of any trail to bicycle or equestrian use. Attached is the November e 8, 1993 memorandum and chart from John Escobar to me, outlining this year's trail closure recommendations. These recommendations have been forwarded to the Trail Center for review. Staff will report to you any comments received from the Trail Center. Since the only added closures this year are newly constructed trails, staff does not anticipate significant comment. If we receive any comments following your meeting, staff will provide informational reports at subsequent meetings. I intend to approve staff recommendations on trail closures, contingent upon your comments and any public input at your November 17 meeting. Prepared by: John Escobar, Operations Manager Del Woods, Senior Planner Contact person: John Escobar, Operations Manager Open Space . . . for room to breathe 20th Anniversary 1972-1992 p p Y 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Hen shaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit for a minimum of one year. As a forests, mountain vista points, docent-in-training, you will learn creekside trails, and historic sites. fascinating facts about botany, geology, local history, Native You may visit the District American I r I cu to a history, creepy preserves free of charge every critters," and more. day of the year. [and allenge yourself, explore new l� ces, and meet new people. FOR MORE INFORMATION n Dke a personal commitment w. Join volunteers of all ages For more information about any P � �1 backgrounds; become an of our volunteer opportunities or en Space Volunteer. open space preserves, please call, `— write, or visit us: THE OPEN SPACE DISTRICT Midpeninsula Regional Open Space District Midpeninsula Regional Open 330 Distel Circle Space District is an independent Los Altos CA 94022 special district established by (415) 691-1200. voters in 1972. The primary mission of the District is to preserve a greenbelt of open space adjacent to the urban areas of the midpeninsula region. The District acquires and manages a diversity of land, including wetlands, redwood MEMORANDUM November $ 1993 TO: Craig Britton, Acting General Manager FROM: John Escobar, Operations Manager SUBJECT: Recommendation for Interim and Seasonal Trail Closures to Bicycle and Equestrian Use Each year you report to the Board on the trails you propose to close to equestrian and bicycle use during wet conditions (approximately six months). Closures are designated as seasonal and interim seasonal closures, and are based on concerns for trail safety and resource damage during extremely wet conditions. In the past, interim closures have identified trails closed because of trail safety concerns pending the adoption of the trail use guidelines. Newly constructed trails with unconsolidated trail treads are placed in the seasonal closure category for the first winter season. Although the Board has adopted Trail Use Policies and Guidelines, the permanent status of trails now in the interim closure category will not be determined until trail use guidelines are actually applied to specific trails through the use and management planning process. As in past years, I recommend that these trails remain closed to bicycle and equestrian use. Past closures and new closure recommendations are outlined on the attached chart. An asterisk identifies the new closures. 1 PROPOSED SEASONAL AND INTERIM TRAIL CLOSURES TO BICYCLISTS AND EQUESTRIANS i (See definition of"Seasonal" and "Interim" below.) Preserve Trail Bic,, cats Equestrians Concerns 1) Skyline Ridge Horseshoe Lake area Interim Interim Constructed to a four-foot average width. Permanent status pending U&M review process. Alternate routes trails available. Ridge Trail south of Horseshoe Interim Interim Constructed to a four-foot average width. Permanent status pending U&M review process. Alternate routes Alpine Pond to round lot Interim Interim available. Tree Farm to Long Ridge Open Open 2) Rancho San Antonio Black Mountain Trails a) New Alignment Interim Open Constructed to a four-foot average width with occasional pullouts. Very steep grades remain on PG&E road sections of trail. Permanent status pending U&M review process. c) Farm Bypass/Coyote Trail Interim Open Open to equestrian use in the spring of 1992, subject to adequate compaction over winter. Permanent status pending U&M review process. 3) Long Ridge Peters Creek Trail Seasonal Seasonal Very popular with mountain bicyclists. Tread can get very muddy during wet conditions. Staff anticipates closures during and immediately following heavy rainfall. 4) Purisima Creek Whittemore Gulch Seasonal Seasonal Narrow, winding, seasonally wet trail, highly susceptible to damage. Trail tread restoration planned for fall. Seasonal closure may be extended to insure full compaction of repaired sections. Alternate route available. Soda Gulch Trail Interim Interim Narrow, winding, seasonally wet trail with poor line of sight and some very steep side slopes. Majority of trail offers no room for passing. Permanent status pending U&M review process. Alternate route available. 5) Pulgas Ridge Geraci Trail Interim Interim Constructed to a three-foot average width. Permanent status pending U&M review process. 6) Monte Bello Skid Road Trail to Canyon Seasonal Seasonal Very popular with mountain bicyclists and equestrians. The shaded canyon environment can prevent the tread Trail from drying through the winter season. Staff anticipates closures during and immediately following heavy Permit lot to Skid Road Trail Seasonal Seasonal rainfall. Alternate routes available. Bella Vista Trail* Seasonal Seasonal New construction. Unstable trail tread highly susceptible to erosion. Constructed to average five-foot width. Alternate route available. 7) Russian Ridge Ridge Trail - south of Open Open Seasonal closure removed after first year following construction. CalTrans vista point New construction*north end Interim Interim New construction. Unstable trail tread highly susceptible to erosion. Constructed to average five-foot width. of preserve Permanent status pending U&M review process. Alternate route available. *New closures SEASONAL CLOSURE: Closed during extremely wet conditions and/or when new construction presents serious concern over trail safety and potential resource damage, usually between the months of November and April. INTERIM CLOSURE: Closed temporarily due to trail safety concerns. Permanent status is pending the application of Board-adopted trail use guidelines in the use and management review process. Open Space 11111101 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-123 Meeting 93-22 November 17, 1993 AGENDA ITEM Authorization to Solicit Bids for a Transport Trailer ACTING GENERAL MANAGER'S RECOMMENDATIO Authorize staff to advertise for bids to purchase a high capacity transport trailer. DISCUSSION At your August 25, 1993 meeting, you approved budget adjustments for the 1993-1994 fiscal year, which included $16,000 for a high capacity transport trailer (see report R-93-95). Open Space Management's five-year capital equipment schedule included the purchase of a high capacity trailer and a heavy duty industrial tractor in fiscal year 1992-1993. Because of budget uncertainties created by the state's financial crisis, the transport trailer was withdrawn from the budget. The industrial tractor remained in the budget and was purchased in December of 1992. The high capacity trailer will be used to transport the industrial tractor. The trailer will also be used to transport rental equipment such as backhoes and bulldozers. This will enable staff to rent heavy equipment for as long as a month, and eliminate the extra cost of transporting the equipment to different work sites. Prepared by: David Topley, Support Services Supervisor John Escobar, Operations Manager Contact person: David Topley, Support Services Supervisor Open Space . . . for room to breathe - 20th Anniversary - 1972-1992 330 Distel Circle - Los Altos, California 94022-1404 - Phone: 415-691-1200 - FAX: 415-691-0485 General Manager:Herbert trench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-115 Meeting 93-22 November 17, 1993 AGENDA ITEM Resolution Urging San Francisco Water Department to Expand Pub c Participation in Watershed Planning ACTIN GENERAL MANAGER'S RE MMENDATIO Adopt the attached resolution urging more formal participation opportunities for local agencies and organizations in the watershed planning process. DISCUSSION The San Francisco Water Department formally initiated a process in early 1993 to prepare master plans for its San Francisco Peninsula and Alameda County Watershed lands. The Bay Area Ridge Trail Council sent the attached letter dated October 4, 1993 to the District asking that such a resolution be adopted. District staff has been, and will be, attending the current "general" public workshops, and has had one input interview with the Water Department staff and consultants at the beginning of the process. Staff would welcome more opportunities for input and specific discussion of issues and opportunities as part of the process. Prepared by: Randy Anderson, Planning Manager Contact person: Same as above Open Space . . . for room to breathe 20th Anniversary • 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 S General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Hen shaw,Ginn Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT URGING THE SAN FRANCISCO WATER DEPARTMENT TO ALLOW MORE DIRECT COMMUNITY INVOLVEMENT IN PREPARATION OF WATERSHED MANAGEMENT PLANS WHEREAS, the San Francisco Water Department has undertaken the preparation of watershed management plans for the City and County of San Francisco's watershed lands in Alameda and San Mateo Counties to provide a comprehensive set of watershed management policies and procedures that address all watershed land use activities; and WHEREAS, these lands are significant regional water supply resources for San Francisco and other Bay Area communities and constitute equally important open space, natural habitat and recreational assets; and WHEREAS, the Recreation and Open Space Element of the San Francisco Master Plan recognizes the significance of the San Francisco Watershed lands and calls for all- inclusive public participation in the development of the watershed plans through a "broadly- based P P g Y based task force;" and WHEREAS, directly involving the public through such community advisors will create watershed management plans tha t respect water qualitygowls, respond to other possible uses of watershed lands, and foster a public awareness of the complex issues involved in protecting water quality, conserving the environment, and providing recreational opportunities; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Urges the San Francisco Water DepartmentY to include community advisors either on the existing technical committees or on new community advisory committees for each management ement plan during the preparation of the two watershed managementplans; and 2. Urges that these community advisors be selected to represent affected land g Y P management agencies, local communities, counties, appropriate public districts, outdoor user groups, environmental organizations, lease-holders, and other community organizations with a legitimate interest in the use and conservation of watershed lands. V�0 � 0 BAY AREA RIDGE TRAIL C O U N C I L October 4, 1993 31 1 CALIFORNIA STREET, SUITE 300 SAN FRANCISCO, CALIFORNIA 94104 Mr. Craig Brittan Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Mr. Brittan: The Bay Area Ridge Trail Council invites your organization to join our appeal for more direct community involvement in thepreparation of the two watershed management plans for the City and o Y g P Y � County of San Francisco's watershed lands in Alameda and San Mateo counties. These lands are i significant regional resources that supply high quality, safe drinking water to San Francisco and other Bay Area communities. As importantly, they contribute to the Bay Area's open space, natural habitat, and recreational assets. The primary goal of the San Francisco Water Department's watershed management planning process now underway is to "maintain and improve water quality to protect public health and safety." The purpose is to provide a comprehensive set of watershed management policies and procedures that address all watershed land use activities. The Recreation and Open Space Element of the San Francisco Master Plan recognizes the significance of the San Francisco Watershed lands and calls for all-inclusive public participation in the development of the watershed plans through a "broadly-based task force." (The relevant text from the City and County of San Francisco Master Plan is attached.) Such a task force encourages a free exchange of ideas, fair consideration of all viewpoints, mutual fact-finding, and consensus-building among Water Department staff, interest groups, and affected land management agencies. Currently, the public involvement program spanning the 18-month period to prepare the draft watershed management plans includes three sets of public workshops; interviews with key public agencies and citizen organizations; a telephone survey of 500 - 600 water customers within the service area; and a bi- annual newsletter. The first set of public workshops were completed in March 1993, the second set will be held in November, and the last has not been scheduled. Only technical committees will provide advice throughout the planning process, one composed of key water department staff, and the other with five advisors experienced in watershed management in other locations. We urge your organization to adopt a resolution asking the San Francisco Water Department to include community advisors either on the existing technical committees or on new community advisory w watershed management plans. committees for each management plan during the preparation of the two ate g p These community advisors should represent affected land management agencies, local communities and counties, outdoor user groups, environmental organizations, lease-holders, and other community organizations with a legitimate interest in the use and conservation of watershed lands. Directly involving the public through such community advisors will create watershed management plans that respect water quality goals and respond to other uses of watershed lands. Most importantly, it will foster a public awareness of the complex issues involved in protecting water quality, conserving the environment, and providing recreational opportunities. PHONE (415) 391-0697 FAX (4 15) 391-2649 P,Imd——j ekd Papa Bay Area Ridge Trail Council October 4. 1993 page 2 A list of the key decision-makers to whom your resolution should be directed is attached. For additional information contact Margaret Marshall, South Bay Coordinator, at 415-368-7385 or Peter Bluhon, East Bay Coordinator, at 510-848-3804. Thank you in advance for supporting more direct community involvement in the preparation of the City and County of San Francisco watershed management plans for Alameda and San Mateo counties. Sincerely, ee4 4'k" Ron Brown Mark vanotl Barbara Rice Co-Chair Co-Chair Executive Director San Francisco Watershed Gap Committee Bay Area Ridge Trail Council Encl. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-118 Meeting 93-22 November 17, 1993 AGENDA ITEM Land and Water Conservation Fund Reapplication for the Windy 1 Pu lic,Access Project ACTING GENERAL MANAGER'S RE OMMENDATION Adopt the attached Resolution authorizing submittal of the application for Land and Water Conservation Funds for the Windy Hill Open Space Preserve public access project. DISCUSSION Land and Water Conservation Fund The Land and Water Conservation Fund (LWCF) is a federal grant program administered in California by the State Department of Parks and Recreation. The fund assists agencies in acquiring and developing parks for public recreation purposes in a competitive program guided by specific criteria. Applications are due on December 1, 1993. Over the years, the amount of funds available through this program has been significantly reduced, increasing the competitiveness of the program. This year, $400,000 is available for projects in northern California. Only projects reflecting the highest priorities identified in the program's criteria have been funded. The top priority activities include walking, picnicking, bicycling, nature study, and bird watching. Acquisition projects, except for priority wetlands, are rated lower than development projects. Combined acquisition and development projects are not eligible for funding. Support facilities, such as parking areas, restrooms, and undergrounding of utilities are given 50% of the priority rating of the activity they support. However, support facilities essential for public access to natural resource areas are given full credit. The LWCF program requires a 50% matching contribution. If LWCF funding is granted, the District would be expected to fund the entire project amount, 50% of which will be reimbursed when the project is complete. Previous Submittals The District submitted two projects, Windy Hill and Saratoga Gateway, for consideration in both the 1991-1992 and 1992-1993 LWCF grant programs. Neither of the projects has yet been funded. Last year, only $450,000 was available for local grants in northern California. Seven Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX:415-691-0485 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit i R-93-118 Page 2 of the lower cost, higher scoring projects were funded out of a total of 24 applications. District projects were penalized because Saratoga Gateway was an acquisition and the Windy Hill parking lot was considered a support facility. Resubmittal Process Staff believes the Windy Hill project stands a better chance of funding in this grant round. Although the parking lot is a "support facility," it is essential for public access to a natural resource area and, thus, should receive full credit. Also, plans are complete and the project is ready to go. To resubmit this project for funding under the 1993-1994 program, you must approve a new resolution for fiscal year 1993-1994. Windy Hill Public Access Project Description The project involves development of a 50-car parking area and a wheelchair-accessible foot trail to a wildlife observation platform overlooking picturesque Sausal Pond. It also involves upgrading an existing patrol road and constructing a foot trail connecting Sausal Pond to the 1,113-acre preserve's 12-mile trail system. This project has a total cost of$260,000, excluding $200,000 for undergrounding utilities. The amount requested is$130,000. The undergrounding of utilities, required by the Town of Portola Valley as a condition for this project and estimated to cost $200,000, was not included as part of the District's matching funds. Since underground utilities are not essential for public access to the preserve, including the undergrounding in the proposal would result in a significantly lower project score. You approved the 1991-1992 LWCF application for this project at your meeting of December 1 _ 1 1991. Please refer to r R- 1 7 report 9 3 for a complete description of the project. P P Prepared by: Alice Cummings, Resource esource Planner g Contact Person: L. Craig Britton, Acting General Manager p0 ,Proposed New Portola Road Entrance Wheelchair Accessible Trail -Existing Entrance Y Restroom— 90 Proposed Parking Area Observation Platform Sausal Pondl Existinq Patrol Road Upgrade to All Proposed Foot Trail Weather Surface To Skyline Spring Ridge Trail j1 Boulevard Y m r Hamm,s G,ulch � o � 3 E��PO \� Alpine /Willowbrook Entrance ITEM 813. SITE PLAN SCALE: 1"= APPROX.800'-0" NOV 1993 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: November 17, 1993 SUBJECT: FYI Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-93-03 MEMORANDUM November 8, 1993 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Mid-Year Financial Review CONTROLLER'S REPORT Attached are unaudited financial statements for the six months ended September 30, 1993. Exhibit A contains the District's September 30 balance sheet compared to our audited position on March 31. Our cash balance is up by $5.3 million due to the issuance of the 1993 Certificates of Participation and the very low level of land acquisition expenditures. These land purchases, which totaled only $862,000, are listed in Exhibit F. It should be noted that $5.6 million of this cash balance are reserve funds to secure outstanding public notes and, therefore, not available to fund District expenditures. The District's level of bonded indebtedness is now about 90% of our statutory debt ceiling. The District no longer has the excess debt capacity to support an aggressive land acquisition program. Exhibit B shows our six month revenues compared to the same period a year ago and to the twelve month budget. Tax revenue during the April-June period was under budget by $195,000 (5%) due to higher than expected March receipts from Santa Clara County. The 1993-94 assessed valuation report from .San Mateo County indicates July-March revenue from that county should meet budget expectations. Initial 1993-94 receipts from Santa Clara County are consistent with our conservative estimates. It is likely that overall tax revenue will be 1 to 2% below the annual budget. Exhibits C, D, and E review six month operational and development spending against the n budget D and compared to the htime-phased six mo th b n h d C versus the twelve mot budget g ( ), g P same period last year (E). The District spent 46% of its total twelve month administrative, operations, and development budget during the first six months. This is above the level at this time last year (41%) but consistent with the level of the prior three years (45%, 48%, 46%). By prograin, six month spending versus twelve month budget was Administration 54%, Public Affairs 37%, Operations 50%, Acquisition 44%, and Planning 39%. As usual, the most underspent category is Structures and Improvements. This includes the final payment, $101,500, on the improvements to our Distel Circle offices. We no longer M-93-03 Page 2 expect to make this payment this fiscal year. Of the balance, Planning indicates that approximately 90% of the budgeted funding is committed and should be expended by the end of the fiscal year. Six months spending was $542,100 (19%) below the time-phased program budgets, similar to Pe g our performance last year and in most prior years. A majority of the variance is in the Structures and Improvements category. As in most prior years, a majority of these payments will be made in the second half. As shown in Exhibit E, administration, operational, and development spending was up 6% over last year's spending rate. Salaries were up only 2%, largely due to the lack of a full- time (permanent) general manager. Overall, the financial results of the first six months indicate revenues and expenditures are consistent with the District's long-term financial plans. Prepared by: Marie McGough, Accounting Specialist Michael Foster, Controller Contact person: Michael Foster EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Balance Sheets March 31 and September 30, 1993 (Thousands) September 30, 1993 March 31, 1993 (Una~ OAXM Cash and EqU nts $13,833.5 $8,529.7 Receivables 1,581.6 4,263.8 Pre se$ 17.6 17.6 at cost 132,596.6 131,5W.4 Equlpmerd 1,158.1 1,111.1 Structures and Improvements 5,464.2 5,212,4 TOTAL ASSETS $154,651.6 $150,734.0 i i AccountsPay $340.4 $144.8 Accrued Lk"Iffin 186.4 352.9 Deferred Revenue 750.8 750.8 Trust Fund-City of M enIo Park 172.4 150.0 Land Contract Debt 1,843.5 1,911.3 6fl 221.4 52,866.4 Putt Now able , TOTAL LIABILITIES $63,514.9 $56,176.2 TOTAL EQUITY _ $91,136.7 $94,557.8 I I ' i EXHIBIT B i MK)PEMNSLJLA REGIONAL OPEN SPACE DISTRICT Sbc Month Remus Versus Prior Year(UnaudlteM (Thousands) Sbc Months Ended September 30 1993 1992 t Property Taxes 4,713.4 4,549.15 Tans Subventions 111.5 121.1 Interest lfxxxm 214.4 442.7 Grant Income 18.i M0 Rental kxxmw 200.0 191.1 Firm 1.9 1.1 Other 13.4 73.3 TOTAL RECEIPTS $5,272.7 $5,376.8 Sbc Month Reimwwe Versus Twelve Month Budget Twelve Month Sic Month % Budget Recelpfle Recelved Property Taxes $9,8W.0 $4,713.4 49 Talc Subventions 385.0 111.5 29 Interest Income 430.0 214.4 50 Grant kumme 239.0 18.1 8 Enterprise 450.0 200.0 44 Other 100.0 15.3 15 TOTALS $11,288.0 $5,272.7 47 li EXHIBIT C � I MIDPEMNBULA WOVAL OPEN SPACE DISTRACT Sbt Month Operating Expenses v.Twelve Month Budget April-September, 1993 (Thousands) Twelve Month Sbt Month % Budget Spending Spent Salaries $2,164.7 $1,030.6 48 Beneft 54&4 281.3 48 Se on Aarsomient 112.9 112.9 100 Subtolal $2,821.0 $1,41&8 50 Election Experm 2.0 0.0 0 Other Contract Services 386.1 180.5 47 Vehicle Expense 160.0 8&5 52 Contred Sft Maintermum Exp. 179.0 61.7 34 135.E 59.2 44 Structures&fit 752.0 249.5 33 Prinling&Duplicating 19.6 7.6 39 Rwft$Loam 10.0 4.8 48 Training&Conferences 51.1 1&4 32 Equipment&Vehicles 101.0 48.3 48 Insurance 102.5 112.5 110 II Udiftles 77.2 40.5 52 Site Pre on 67.0 9.0 13 Com 130.0 27.2 21 Otim i Non-Land 133.0 51.5 30 TOTAL. 4 AND) 5,129.3 2,388.0 46 Debt Service 5,559.0 1,331.5 24 Land Option Fees 200.0 90.0 40 Land Bank Payments 200.0 0.0 0 Land Acquired 8,766.0 862.0 13 Building impmvemenis 101.5 2.3 2 TOTAL $17,955.8 $4,641.8 28 I I I� EXHISR D M OPENiN8ULA FIEGIONAL OPEN SPACE Di CT Six Month Operating Expenses v. nm944vassd Budget jApril-Septemkw 1993 fbou Budget Actual Vauiance I sat $1,084.9 $1,039.6 25.3 Beneffis 272.1 281.3 10.8 Separation Agreement 112.9 112.9 0.0 Election Expense 1.0 0.0 1.0 Olher Contract Services 22&2 180.5 45.7 Vehicle Expense 99.7 83.5 16.2 Contract Sft Maintenance nce Exp. 77.4 61.7 15.7 Acquisition Qnc.LegaQ 70.4 59.2 11.2 Structures&Improvements 545.9 249.5 298.4 Printing&Duplicating 9.8 7.8 2.2 Rwft& 5.3 4.8 0.5 Training&Corft 22.9 16.4 &5 Equipment&Vehicles 54.0 48.3 5.7 Insurance 102.5 112.5 (10.0) i 39.1 40.5 (1.4) Site Preparation 62.0 9.0 53.0 Common ns sB�Pr� 72.0 27.2 44.8 Other Non-Lend 70.0 51.5 18.5 TOTAL 0ION-LAND) $2,908.1 $2,3W.0 54ZI DEBT`SERVICE Principal $67.8 $e7.8 0.0 i 1,336.6 1,2133.7 74.9 i Toted Ptincipi ai&interest $1,408.4 $1,331.5 74.9 I I i 1t 4 I f i i EKKIBIT E MK)PEMNSULA REGIONAL OPEN SPACE DlS7ITVCT 8bc Meth OWMng Expenses FY1 1992-93 f housands) Ir Six Months Ended tuber 30 1993 1992 %Incnease i�1,039.6 $1,022.3 2 Boneft 261.3 224.8 t6 Separation Aw"ment 112.9 0.0 100 Election E)penso 0.0 1.2 -100 OttW Contact SWA008 180.5 128.1 41 VshkAe Expenoe 83.5 102.0 -18 Contrad Sao MainWmwo Exp. 61.7 73.3 -16 Acqu se Qnc.L9gaQ 59.2 101.1 -41 structures&tmpn menu 249.5 204.6 22 PdfMV&Duplicating 7.6 8.7 -13 pmft 84 Looses 4.8 49.8 -90 Training&Conferences 18.4 t8.6 -12 Equipmett&Vet 46.3 30.7 57 Insurance 112.5 08.9 27 Lhillues 40.5 29.1 39 She Preparation 9.0 17.2 -48 Commun rm ) 27.2 90.3 -70 Gther Non-Land 51.5 38.6 33 TOTAL(hNC A AND) $2.308.0 M229.3 6 Ckot*SWVICO $1,331.5 2,095.4 -36 Land Opdon Fees 80.0 0.0 100 Land Acquired 862.0 2,146.7 -60 Building Improvements 2.3 211.0 -99 i TOTAL 104.841.8 ",OW-4 -30.5 T II' ' i {I EXHIBIT F MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lund Acquired April i to Seplernber 30, 1993 SELLER DATE PRESERVE CASH PRICE Santa Clara County 05/12 El Sereno 366,000 POST/QI er (Exchange) 05125 Rancho San Antonio 0 Vylon ment 07p22 El Sereno 1,000 POST 07/30 Rancho San Antonio 140,000 Pantano 08124 La Honda 30,000 Bartels 09/30 Sierra Azul 325,000 ,000 i I f f f Californians for Parks & NTildfife 1994 November 1993 TO: Ca1PAW 194 Team - FROM: Ca1PAW HQ WE D=ID =T I�I =N A 8=G WAY 725 943 SicYriatur*at E S Congrats to all of us. If this first phase of CalPAW '94 is any indication, Ca1PAW is going Lo � be overwhelmingly successful. Nothing like overshooting your goal by 100,000 (100,943 to be exact!) signatures to make a statement about the popularity of your cause and the dedication �)f your volunteers. So drink your champagne and rest on your laurels for a few days. We not only deserve it but we need it because the next phase of the campaign is about to begin. WHAT NOW? Between now and the end of the year, we need to gather our endorsements and raise the rest of the $2 million that we need for the campaign. The good news is we are at least three-quarters of the way there with commitments. So we only need to focus on raising another $500,000! MORE GOOD NEWS The other good news is that while we have been gathering signatures, CaIPAW HQ has also been }m.,v u;`h i'e endorsF::. ientss. Alr arly we h vc Arnerica3- Farmland p.;st. A erican 1-and Conservancy, Archaeological Conservancy, National Audubon Society, Defenders of Wildlife, Mexican American Legal Defense Educational Fund, The Nature Conservancy, Trust for Public Land, California Association of Area Agencies on Aging, CA Association of Local Conservation Corps, California Native Plant Society, Oaks Foundation, California Parks and Recreation Society, CA Preservation Foundation, Save Our Streams Council, California State Park Rangers Association, CalTrout, California Waterfowl Association, Congress of California Seniors, Endangered Habitats League, Friends of California Parks', Friends of the River, League of Women Voters, Mountain Lion Foundation, National Association for the Advancement of Colored People, Planning and Conservation League, Save the Redwoods League, Siena Club, Society for California Archeology AND two pages worth of local groups. The California League of Cities has voted to endorse once we officially qualify in December. (9164444726 E.YT 83 926 J Street.Suite 6L Ssrran mm California 95814 FAX(916)441-1i89 Pad for by C"f.". er Nrw.r uVikYii.I99s C.N wmo.a Mao 03,00 I TELL US YOU LOVE US What we need now is your group's endorsement. You may fill out the enclosed form and feel free to photocopy it so that other groups may endorse. Even better, send us a letter on your letterhead saying that your group endorses CalPAW '94 and include a sentence that tells why. By the way, it wastes your valuable Ca1PAW '94 dollars fbr us to have to keep bugging you for this. Please make this our last reminder. If in doubt. fill one out. Duplication does not hurt. It will be good karma when you go to ask other groups for their endorsement! MAKE IT A CROWD Now 'begins the process for gadherirg endorsements from other groups (neighborhood associations, civic groups, individual elected officials, leading business people, and others that would be appropriate in your community.) We have quite a bit of materials to help you gain those endorsements and are willing to create more on request. For example, we have an entire white paper on the economic benefits of components of Ca1PAW '94; we have breakdowns by constituencies; and explanations about how CalPAW '94 works. Call Tim for assistance at 916/444-8726 ext. 83. Or send materials you have seen or developed. The most difficult part of most endorsements is simply figuring out what procedure you have to follow to get the endorsement. Once you have it'figured out and are underway, please be sure to let us know what is going on. We can then pass that information on to help others seeking endorsements. And so the snowball goes. Co the endorsement 'm' or complementary si filar $ PY forms attached for these groups to use. One reminder: Don't ask for a formal endorsement vote until you know what the outcome will be. W also coordinat ing endorsements o f city councils and county supervisors. We would like e are g ry ry Pam' to work with you on that and ask that you give us a call first. Some of these are already in and at 916/444-8726 ext. 88. m underway. Call John to coordinate so a are un y The final item in the endorsement category: Sally Smith is coordinating newspaper endorsements. Obviously, these require the most comprehensive and detailed overview of the �a mpaign as well as 6,e most orga uze d solicitations. Before proceeding on such an 1 444- 726 ext. 6 or Sall endorsement lease call Lynn at 9 6/ 8 y at 510/658-8284 to coordinate. P Y PEOPLE ARE TALKING For regular news events and articles, please keep the public up to date on the status of your project and the value it has to the community. Make sure that local newspapers and broadcast stations have regular opportunities to report the threats to your projects that can be lessened by the passage of CaIPAW '94. DON'T FORGET YOUR OWN NEWSLETTERS. Make sure CalPAW updates appear in each issue. If you aren't sure of the latest news, call us Send us copies of ev ing,: 926 J Street, #/ 612, Sacramento, CA 95814. PENNIES FROM HEAVEN I Now, let's talk about Lynn's favorite subject: money. We're doing well. Obviously we had enough to get through the signature gathering phase and we have quite a bit more raised or committed. If everyone out there helps out, we'll raise the additional $500,000 by our deadline of December 31 with little effort. The first and easiest way to help with money, if you are behind in your pledges to Ca1PAW '94, is to catch up. Or if your budget can stand an additional donation to CaIPAW '94, make one. If you could make one later, let us know so we can plan for the most efficient use of that money. If your group got a late start on signatures, maybe you could make up the shortfall with a donation. Just as signatures gathered one at a time add up, so do dollars. Every donation helps. It you want to do a mailing or fundraiser to help raise money, please call Lynn before you begin. The new IRS and FPPC laws are easy to comply with when you know what they are. If you haven't read the IRS booklet and FPPC guidelines we sent you, do so. You'll still need to call us but it will save on the long distance phone time. If you know of homeowners or neighborhood associations who could be faced with rampant development in their heretofore peaceful neighborhoods, let us know. If you know of those who own land near one of the projects, let us know. Let us know who cares and we'll be happy to write the letters and make the phone calls. MORE TO COME In closing, many of you are asking what the direct voter contact part of the campaign will be like. We will be polling in January while assessing our endorsements and cash flow to make that determination. You may rest assured, however, that after the first of the year we will all be very, very busy! Because on Election Day and every day for the rest of our lives, we want to look out on what we have saved and be very, very pleased. f . �-y c,� i REAL) TH= S 3 READ 9P14= S i CalPAW is a campaign and has laws yo%4 must abide by that are different from those of every day non-profit, activities. You all know about reporting in-kind contributions by now. We need your next report of in-kind contributions. for the period of September 30 to November 17. We d that information faxed to us Novemberby We did not make up that deadline. It's the law. ..T U S'T L)© =T S While complying with FPPC rules does a great deal to keep us from losing CalPAW -- and from losing the special places we care about, it does little to actually help pAja CalPAW 194 . Therefore we want to get the reports done with as little time and effort as possible and use our resources to do activities that help us win. (Failure to report in a timely manner will result in our telling your Mother (earth) that you are wasting CalPAW's money! ) The next deadline after this one will be January 14 for the period of November 18-December 31. (New Year's resolutions will have an 87% greater chance of success for those who comply early. ) MS6 V9 owawejoeg anV 449 SZLS jaide4o opojjag3ow 'qnlo eiiatS ajoow u4or S4£0£6#at S:Y 1P19S6 vo tivatume5'zi9 ai!nS'3=s f 9Z6 ' anYc uop 190t; r-A imoo pue Sumueid 447 Jo L.�afom V .� V66 At Vd7t v� 5O()8T 0ou13C) 10,000 CITIZEN VOLUNTEERS SUBMIT RECORD 720.000 SIGNATURES FOR PARK BOND INITIATIVE Sacramento -Driven by their love of California, 10,000 volunteers have collected and submitted a record 720,000 petition signatures to qualify the Californians for Parks and Wildlife bond initiative (CalPAW 194) . This historic number of volunteer signatures, nearly twice the number required to qualify an initiative, virtually assures CalPAW 194 will appear on the June 1994 ballot. Responding to the Governor's Department of Finance needs analysis for state parks and resources for the next ten years, and the failure of the Legislature to respond to this need, over 600 local and community groups cooperated in drafting CalPAW 194 . It authorizes the sale of nearly two billion dollars in General Obligation bonds to fund hundreds of park and wildlife protection and development projects across California into the next century. Ca1PAW'94 will make funds available to state, county and local agencies for acquisition and development of safe parks, wildlife habitats and corridors, recreational facilities, at-risk youth programs, agricultural land, open space, wetlands, rivers, lakes, fisheries, urban creeks, and the state's remaining forests and redwoods. Since 1928 state parks have been funded almost exclusively i through ballot bond measures and t has been half a decade since the last successful park bond measure--Proposition 70, also presented to the voters by initiative--garnered 65 percent of the vote. Continued population pressures mean that for California's unique natural assets, time is running out. State agencies point out that previous bond funds already have run out. CalPAW 194 will also protect important historic and cultural values. it will provide funds to improve the Chinese-American Museur the California State Indian Museum, the Museum of Latino History, the African American Museum as well as to secure unique and irreplaceable archaeological and historic sites. The Archaeological Conservancy, the N.A.A.C.P. , the California Preserv ation Foundation and the Mexican American Legal Defense Fund are just a few of the organizations supporting CalPAW 194 and its objective of natural preservation and truly safe parks. The diversity of support for Ca1PAW 194 parallels the remarkable natural diversity of California itself. Organizations as varied as Resource Conservation District s, loc al conservation corps, Congress of California Seniors, community park districts, Trust, the Leag ue of Women Voters ranchers r , Farmland the American and developers are just a few members of the team promoting the benefits of CalPAW 194 to the state's economy. I 1994 is the right time. Land is now more available and less expensive. • The cost of bonds are at a 25-year low. Unlike much of the state's spending, land remains a capital as well as a natural asset for Cdlifornia 'citizens and also tends to appreciate in value over time. ` • In many cases, a state park is 'the economic hub of rural areas. • Quality of life is critical for this state's economic recovery. Study after study Shows that open space and parks are key to area values. • Population pressures continue to mount, pushing California toward fifty million, and much of our wildlife toward extinction. in contras t to the state I� � s annual budgeting process, CalPAW '4 94 will provide an orderly, predictable funding source and allow for rational planning into the next century. California's state park system, the envy of the world, was launched with bonds sold during the Great Depression, again when land and bond costs were at historic lows. That investment even during i di fficult tim es,mes provides the foundation for California's one recession-proof industry: tourism. CalPAW 194 , supporters and drafters include The Nature Conservancy, Audubon Society, Sierra Club, California Native Plant Society, California Waterfowl Association, California Academy of Sciences, American Farmland Trust the Los Angel es Philharmonic , Ducks Unlimited, Friends of the River, Trust for Public Land, League of Women voters and hundreds of organizations whose memberships run into the millions, and no doubt will grow as the election approaches. <note> The Planning and Conservation League, which is managing the CalPAW 194 campaign, has had four successes of four attempts to qualify and pass statewide initiatives. PCL is the only coalition to qualify a true statewide citizens' initiative with all efforts being conducted by citizen volunteers. Californians for Parks & Nfildli fe 1994 Californians for Parks and Wildlife 1994 A Project of the Planning and Conservation League -' 926 J Street, Suite 612 1.. Sacramento, California 95814 I.D. # 930345 Timothy L. Dunbar Statewide Campaign Coordinator 916/444-8726 ext. 83 9161448-1789 Fax Dear CALPAW '94: Our Organization endorses Californians for Parks and Wildlife 1994. You have our permission to use our name as an endorser in any publicity about the measure. Date Organization Print Name Signature Organization Address City State Zipcode Phone Number Fax Number )16»'T-'6 F-KT 33 926 J Street,Suite 6L SaaMnea a Ca forme 95814 F.kK (916)44-ti89 wr fr y GYAmUMM-ftI.... +Wiii 19"Gar.ft ID n.imps SA?�PS.B >RF.SC�TTI�O�t RESOLUTION TO SUPPORT- CALIFORNIANS FOR PARRS AND WILDLIFE BOND ACT OF 1994 WHEREAS, the verri�»er�t: Agency's Nape; City, :Cautzt y, ';:Di sari c :jGcr ti7 finds that providing park and recreation services is of vital environmental, social and economic interest to the citizens of our community; and WHEREAS, a coalition of community and conservation groups, business and labor, historic preservation and other organizations have undertaken a volunteer, community based effort to place a park, recreation and wildlife General Obligation Bond Act on the June, 1994 ballot; and WHEREAS, the bond act will provide needed facilities for the enhancement of our community, including urban forestry, park and recreation facilities, historic preservation, and a wide variety of other programs; and WHEREAS, CALPAW 194 includes funding for at-risk youth facilities, in order to reduce crime, drug activity, and gang violence in our community; and WHEREAS, theGeveriizAgercy's Y�. .: c? y ..::: la ]: will receive an estimated $ ptlr# for development of park and recreation facilities if CALPAW 194 is approved by the voters; and WHEREAS, the following specific projects benefiting our community are included in CALPAW 194: [List 4roeCt5;7 ; and WMrv.VS, thousands c.f --*obs w .'.i be created ,pith passage of this bond; NOW, THEREFORE BE IT RESOLVED that theC;Vet►4'Y1E < A E3t3G '' g y 5 I�4,0 C y#..CoL5...ru ] endorses the CALPAW '94 initiative, and also endorses the specific proposition that contains the measure as it will appear on the June 1994 ballot. PASSED AND ADOPTED thisDatej, 1993 by the following vote of the ounty Government<;Agency's; name• .City,.. C ,. : istrictj . C. s No. 93-19 Meeting 93-22 Date: Nov. 17, 1993 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ---------------------------------------------------------------------------------------------------------------------------------------------------------- 5083 2,322.20 Valley Oil Company Fuel for District Vehicles 5084 66.03 Value Business Products Office Supplies 5085 171.14 WMI Services: Port-o-let Sanitation Services 5086 45.47 Westcoast Rebar Company Rebar 5087 5,053.49 Whitmore, Johnson& Bolanos Legal Fees--Personnel 5088 1,981.00 Windward Construction Co. Inc. Telephone Circuit and Exhaust Fan 5089 164.81 Workingman's Emporium Field Uniform Supplies 5090 48.93 Joan Young Reimbursement--Volunteer Uniforms 5091 5,551.42 Hertz Equipment Rental Equipment Rental 5092 4,655.45 Two R.M.'s Sales and Service Field Equipment 5093 9,355.50 Tomlinson, et al Legal Services--Hosking 5094 281.42 Petty Cash Local and Out-of-Town Meeting Expense, Field, Office and Drafting Supplies, Film and Developing and Private Vehicle Expense *Urgent check issued on November 2, 1993 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-22 RESCHEDULED REGULAR MEETING BOARD OF DIRECTORS AGENDA 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California November 17, 1993 (7:30) * ROLL CALL ** ORAL COMMU` C TIONS -- Public t SPECIAL ORDER OF THE DAY Resolution`Suppo 'n the Friends of'the Stevens Creek Trail ADOPTION OF A *** ADOPTION OF CONSENT CALENDAR -- B. Cr wder *** APPROVAL OF :MINUTES' October 27, 1993 (Conse to Item) *** WRITTEN COMMUNICATIONS (Consent Item)/1 (7:45) PUBLIC HEARING t Proposed Annexation to the District of Lands Adjacent;. ' ussian Ridge Open Space Preserve -= C. Britton { Resolution Requesting Initiation of Annexation Pro edur s by the anta Clara County Local Agency Formation Commission (Midpeninsrula Pr serves 19 3 - Russian Ridge) BOARD BUSINESS (7:50) 1. Proposed Additions of Moeller Property and Evatt,''roperty to the Kennedy Limekiln Area of Sierra` Azul Open Space Preserve -- C,/Britton Resolution Authorizing Acceptance of Purphas `Agreeinent, Authorizing Officer to Execute Certificate of Accep f e f Grantj'o District, and Authorizing Acting General Manager to ecute Any and All Other Documents Necessary or Appropriate to Closing ofo=the Transaction (Sierra Azul Open Space Preserve - Lands of Moeller) Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of� rant to District, and Open Space . . . for room to breathe • , 20th Anniversary o 1972-19.92 330 Distel Circle • Los Alte- `'alifornia 94022-1404 • Phone:415-691 - '00 • FAX: 415-691-0485 e General Manager:Herbert Grench Board, tors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginn Nonette Hanko,Betsy Crowder,Wim de Wit RESOLUTION NO. 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 OPEN SPACE PRESERVE PUBLIC ACCESS PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; and WHEREAS, the proposed Windy Hill Open Space Preserve Public Access Project is consistent with the Statewide Comprehensive Recreation Resources plan: California Outdoor Recreation Plan - 1988; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has matching funds from the following source: property tax, and can finance 100 percent of the project, half of which will be reimbursed; and 3. Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 4. Appoints the Acting General Manager as agent of the District to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, agreements, amendments, billing statements, and so on, which may be necessary for the completion of the aforementioned project. Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-117 Meeting 93-22 November 17, 1993 AGENDA ITEM Environmental Enhancement and Mitigation Program Reapplication: Sierra Azul Open Space Preserve Staging Area Project ACTING GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution authorizing the Reapplication for the nvironmental Enhancement and Mitigation Program. DISCUSSION I. Environmental Enhancement and Mitigation Program The Environmental Enhancement and Mitigation Program provides grants to local, state, and federal agencies and nonprofits to mitigate the environmental impact of modified or new public transportation facilities. The program was established by the enactment of the Transportation Blueprint Legislation of 1989. It states that the Legislature intends to allocate $10,000,000 annually to this program for the 10-year period from fiscal year 1991-1992 to fiscal year 2000-2001. The Resources Agency prescribes criteria to evaluate grant proposals, and recommends proposals to the California Transportation Commission. The Commission annually awards grants to fund proposals from the Resources Agency's list. Applications for the 1994-1995 fiscal year are due on November 19, 1993. In April, the Resources Agency will send the list of recommended projects to the Transportation Commission. In July, the Commission will approve projects to be funded. Grants are normally limited to a maximum of $500,000 each. Applicants must apply under one of the following categories of eligible projects: A. Highway Landscape and Urban Forestry (projects designed to offset vehicular emissions of carbon dioxide through the planting of trees and other suitable plants) B. Resource Lands (acquisition, restoration or enhancement of resource lands to mitigate the loss of resource lands lying in or near the right-of-way) C. Roadside Recreational (acquisition and or development of roadside recreational opportunities, including roadside rests, scenic overlooks, trails, trailheads, sno-parks and parks) Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 10 General Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Hens haw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit Projects must be related to the environmental impact of public transportation facilities included in an adopted state or local transportation program and provide additional mitigation to that required by the related project. II. Discussion Last November, the District submitted a request for $500,000 to Caltrans' Environmental Enhancement and Mitigation Program for the Sierra Azul Staging Area Project in the Roadside Recreational Category. The project was not funded. Follow-up discussions with grant administrators indicate the project would have scored higher in the Resource Lands category. We propose to resubmit the project in the Resource Lands category, emphasizing the outstanding resource values of the Sierra Azul area. Although the application category and project narrative will change, the actual project and amount requested will remain the same as before. Sierra Azul Staging, Area Project Description The District is requesting $500,000 from the Environmental Enhancement and Mitigation Program. Funds will be used to help acquire four key properties totalling 209 acres, and construct trails and parking areas to connect Sierra Azul Open Space Preserve with Santa Clara County's Lexington Reservoir County Park. Two trailhead staging areas would be developed; one in Limekiln Canyon and one in Soda Springs Canyon. The project also includes construction of associated pedestrian and bicycle trails and a ranger residence. The District would contribute $784,940 in matching funds and in-kind services. The project will help mitigate the impact of the proposed new interchange on Highway 17 at Bear Creek Road. The overpass and frontage road will utilize several acres of county park land and oak and riparian habitat and make it easier for the public to enter the Lexington Reservoir area. However, there are very limited recreational facilities to accommodate this additional influx of visitors. The staging area project is of regional significance for both recreation and resource protection. The proposed staging areas and connecting trails will open the west side of the vast Sierra Azul Open Space Preserve to regional public recreational use. The project will provide important new trail opportunities, including a key link in the Bay Area Ridge Trail. Provision of an on-site ranger residence will help the District manage the increased public use and protect the environmental values of the area. The proposed acquisitions will help preserve a continuous wildlife corridor in prime deer and mountain lion country and will directly protect some beautiful and sensitive riparian habitats in Limekiln and Soda Springs Canyons. Prepared by: Alice Cummings, Resource Planner Contact Person: Craig Britton, Acting General Manager RON 610 01 Praym Vr No • • Jy j \ �� � / �` •.\c' '�F.ma 's E, �,{ _ �t'y14•,",," 'Y"�I'�'r�,%Y sa n r.y,4.h,. 10 -'tt+NO Max MAR • / .�� �►/• i_' Ilk, %-7 WN MONS- fit _✓ C'.'a m` 3'., •„mac's`t�� �: � All �l �,. PWMA p i -, • • • . . RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FUNDS UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE SIERRA AZUL OPEN SPACE PRESERVE TRAILHEAD ACQUISITION PROJECT WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state, and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of the application for Environmental Enhancement and Mitigation Program for grant assistance; and 2. Certifies that said applicant will make adequate provisions for operation and maintenance of the project; and 3. Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 4. Appoints the acting general manager as agent of the District to conduct all negotiations, execute and submit all documents including but not limited to applications, agreements, amendments, billing statements, and so on, which may be necessary for the completion of the aforementioned project. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: November 12, 1993 SUBJECT: FYI as/ 93 Nov oz r993 aA144 - j TL OJJ aCG g L e 'OA � , s cam, CA , s�3o 1 NOV 021993 Dear Sirs , 29 Oct . 93 I was at Russian Ridge last week, and was disturbed to see a bull dozer has been cutting a new trail on the North-West Side . Will you please tell these people to be careful nD to move any rocks? I have been told there are about 32 of the Ancient people buried undir rock cairns in the Russian Ridge area. In particu- lar,will you please make sure -they do not disturb the "Serpent Line"-a rock wall , built by the Ancients , about 1/2 mile long, at the North West ridge . In particular , please tell them not to disturb the "head" rock at the north end , which symbolizes the serpent clan. I 've been collecting material for a book on sacred sites in the area, and visit Russian Ridge often. For the first time in 7 years , I saw a diamond back rattlesnake there, last Saturday(see enclosed. ) Yours Truly, Yin M. Greene- ETry'A%k-- San 134W4 Cltli4 �0066 07, X. ' 7 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 9, 1993 Mr. Vaughn M. Greene 548 Elm Ave. San Bruno, CA 94066 Subject: Protection of Rock Wall and Cairns, Russian Ridge Open Space Preserve Dear Mr. Greene: Thank you for your letter of October 29th. We are aware of the rock wall and cairns you describe. We consider these features to be cultural resources and have directed the trail contractor to route the trail away from them to avoid direct impact or impact from users. Please let me know if you have any other comments or questions. Sincerely, Randy Anderson Planning Manager RA/dz cc: Board of Directors Open Space . . . for room to breathe 0 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 (9 General Manager:Herbert Grench loam/o/Directors:Peta Siemens,Robert Mt Kibbin,Teena Renshaw,Ginny Babbitt,Nonette h-lanko,Betsy Crowder,Wim de Wit Open Space November 10, 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Senator-elect Tom Campbell 101 First Street, #549 Los Altos, CA 94022 Dear Senator-elect Campbell: Congratulations on your recent election to the state senate. Your positive track record on environmental issues is well known to the Midpeninsula Regional Open Space District, and we look forward to working with you as mutual issues arise. I have enclosed some general information about the District, and would be happy to offer you an informational briefing on our activities at your convenience. I'd like to bring you up-to-date on a critical issue of which you should be aware. You may be able to give the District some assistance in urging the federal government to j expeditiously proceed with the clean-up of toxic materials at the former Almaden Air Force station on Mount Umunhum. This area is the central part of the Midpeninsula Regional Open Space District's Sierra Azul Open Space Preserve. The District purchased the abandoned Air Force site in 1986. After the Air Force vacated, there remained the issue of responsibility for toxic clean-up of the site before the area could be readied for public access and use. In December 1991, the site was determined to be eligible for the federal Defense Environmental Restoration Program. I Funding for the first phase of the clean-up became available in early 1992 and the U.S. Army Corps of Engineers requested appropriate entry permits to begin the work. Shortly after the permits were granted, the funding was withdrawn and diverted to another project, and all work ceased. Since then, there has been no further action by the Corps towards the clean-up of this site. Beginning this clean-up work as soon as possible is absolutely necessary if the District is ever going to be able to open this area to public recreational use and enjoyment. Since the Mount Umunhum site is within your area of interest, your urging of the Army Corps of Engineers may help in getting this project underway. I would also like to offer you a tour of the site so that you may see the problem first-hand and better understand,the dire need for action on the part of the Corps of Engineers. If you are able to assist the District in this matter, please send a letter requesting the Corps of Engineers' prompt attention to the toxic clean-up to: Brigadier General Milton Hunter U.S. Army Corps of Engineers 650 Sansome Street San Francisco, CA 94111 330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 • -FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nanette Hanko,Betsy Crowder,Wim de Wit f i November 10, 1993 Senator-elect Tom Campbell Page -2- Attached is a sample letter that you may wish to use as a guideline in preparing your letter. In addition, we would appreciate it if you would copy your letter to the individuals noted on the attachment, as well as to the Open Space District office. Again, congratulations on your election, and thank you for any assistance you can provide in requesting that the Almaden Air Force Station clean-up project receive funding and begin without delay, allowing the District to proceed with long-term planning for public enjoyment of the area. Please contact me with any questions, and to arrange for an informational briefing or a site tour at your convenience, if you wish. Since 1 L. Craig Britton Acting General Manager I CB/mcs Attachments I cc: Board of Directors, Mid enin 1 p su a Regional Open Space Distract Santa Clara County Grand Jury Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 10, 1993 Congressman Norman Mineta 2221 Rayburn Office Building Washington DC 20515 Dear Congressman Mineta: As you know, we have been attempting to persuade the federal government to expeditiously proceed with the clean-up of toxic materials at the former Almaden Air Force station on Mount Umunhum, part of the Midpeninsula Regional Open Space District's Sierra Azul Open Space Preserve. We discussed this issue when we met on May 8, 1993. As a brief reminder, the District purchased the abandoned Air Force site in 1986. After the Air Force vacated, there remained the issue of responsibility for toxic clean-up of the site before the area could be readied for public access and use. In December 1991, the site was determined to be eligible for the federal Defense Environmental Restoration Program. Funding for the first ip xasg of the clean-up became available in early 1992 and the Army Corps of Engineers requested appropriate entry permits to begin the work. Shortly after the permits were granted, the funding was withdrawn and diverted to another project, and all work ceased. Since then, there has been no further action by the Corps towards the clean-up of this site. I'd like to reiterate to you that beginning this clean-up work as soon as possible is absolutely necessary if the District is ever going to be able to open this area to public recreational use and enjoyment. Your urging of the Army Corps of Engineers may help in getting this project underway. I would also like to offer you and/or your staff a tour of the site so that you may see the problem first-hand and better understand the dire need for action on the part of the Corps of Engineers. The San Francisco Bay Area regional commander of the U.S. Army Corps of Engineers is Brigadier General Milton Hunter, who can be written to at 650 Sansome Street San Francisco, CA 94111. The national commander is General Arthur Williams, 20 Massachusetts Avenue SW, Washington, DC 20211. 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 . FAX:415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I I November 10, 1993 Congressman Norman Mineta Page -2- Thank you for any assistance you may be able to provide in requesting that the Almaden Air Force Station clean-up project receive funding and begin without delay, so that the District may proceed with long-term planning for public enjoyment of the area. Please contact me with any questions, and to arrange for a site tour at your convenience, if you wish. Sincerely, L. Craig Britton Acting General Manager CB/mcs Attachments cc: Board of Directors, Midpeninsula Regional Open Space District Santa Clara County Grand Jury Open space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 10, 1993 (Letter sent to.Senator Barbara Boxer and Senator Dianne Feinstein) Dear (Senator's names): I am writing to ask for your assistance in urging the federal government to expeditiously proceed with the clean-up of toxic materials at the former Almaden Air Force station on Mount Umunhum. This area is the central part of the Midpeninsula Regional Open Space District's Sierra Azul Open Space Preserve. The District purchased the abandoned Air Force site in 1986. After the Air Force vacated, there remained the issue of responsibility for toxic clean-up of the site before the area could be readied for public access and use. In, December 1991, the site was determined to be eligible for the federal Defense Environmental Restoration Program. Funding for the first phase of the clean-up became available in early 1992 and the Army Corps of Engineers requested appropriate entry permits to begin the work. Shortly after the permits were granted, the funding was withdrawn and diverted to another project, and all work ceased. Since then, there has been no further action by the Corps towards the clean-up of this site. Beginning this clean-up work as soon as possible is absolutely necessary if the District is ever going to be able to open this area to public recreational use and enjoyment. Your urging of the Army Corps of Engineers may help in getting this project underway. I would also like to offer you and/or your staff a tour of the site so that you may see the problem first-hand and ' better understand the dire need for action on the part of the Corps of Engineers. The San Francisco Bay Area regional commander of the U.S. Army Corps of Engineers is Brigadier General Milton Hunter, who can be written to at 650 Sansome Street San Francisco, CA 94111. The national commander is General Arthur Williams, 20 Massachusetts Avenue SW, Washington, DC 20211. t 330 Distel Circle Los Altos, California 94022-1404 + Phone:415-691-1200 FAX: 415-691-0485 6tJ Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit November 10, 1993 (Senator's name) Page -2- Thank you for any assistance you may be able to provide in requesting that the Almaden Air Force Station clean-up project receive funding and begin without delay, so that the District may proceed with long-term planning for public enjoyment of the area. Please contact me with any questions, and to arrange for a site tour at your convenience, if you wish. Sincerely, L. Craig Britton Acting General Manager CB/mcs Attachments cc: Board of Directors, Midpeninsula Regional Open Space District Santa Clara County Grand Jury Open Space 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 10, 1993 (letters to legislators) Dear (Legislator name): I am writing to ask for your assistance in urging the federal government to expeditiously proceed with the clean-up of toxic materials at the former Almaden Air Force station on Mount Umunhum. This area is the central part of the Midpeninsula Regional Open Space District's Sierra Azul Open Space Preserve. The District purchased the abandoned Air Force site in 1986. After the Air Force vacated, there remained the issue of responsibility for toxic clean-up of the site before the area could be readied for public access and use. In December 1991, the site was determined to be eligible for the federal Defense Environmental Restoration Program. Funding for the first phase of the clean-up became available in early 1992 and the U.S. Army Corps of Engineers requested appropriate entry permits to begin the work. Shortly after the permits were granted, the funding was withdrawn and diverted to another project, and all work ceased. Since then, there has been no further action by the Corps towards the clean-up of this site. Beginning this clean-up work as soon as possible is absolutely necessary if the District is ever going to be able to open this area to public recreational use and enjoyment. Since the Mount Umunhum site is within your area of interest, your urging of the Army Corps of Engineers may help in getting this project underway. I would also like to offer you a tour of the site so that you may see the problem first-hand and better understand the dire need for action on the part of the Corps of Engineers. If you are able to assist the District in this matter, please send a letter requesting the Corps of Engineers' prompt attention to the toxic clean-up to: Brigadier General Milton Hunter U.S. Army Corps of Engineers 650 Sansome Street San Francisco, CA 94111 Attached is a sample letter that you may wish to use as a guideline in preparing your letter. In addition, we would appreciate it if you would copy your letter to the individuals noted on the attachment, as well as to the Open Space District office. 330 Distel Circle * Los Altos, California 94022-1404 • Phone: 415-691-1200 . FAX:415-691-0485 ®, Board of Directors:Pete Siemens,Robert McKibbin, reena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit November 10, 1993 (Legislator name) Page -2- Thank you for your assistance in requesting that the Almaden Air Force Station clean-up project receive funding and begin without delay, so that the District may proceed with long-term planning for public enjoyment of the area. Please contact me with any questions, and to arrange for a site tour at your convenience, if you wish. Sincerely, L. Craig Britton Acting General Manager CB/mcs Attachments cc: Board of Directors, Midpeninsula Regional Open Space District Santa Clara County Grand Jury This letter mailed to: Supervisor Honda Congressman Edwards Assemblyman Areias Assemblyman Quackenbush Senator Mello Mayor Benjamin (Los Gatos) Vice Mayor Attaway (Los Gatos) Mayor Tucker (Saratoga) Mayor Bamford (Monte Sereno) Senator-elect Campbell Marshall Burak (San Jose State University) i S A M P L E L E T T E R O F S U P P O R T November 10, 1993 Brigadier General Milton Hunter U.S. Army Corps of Engineers 650 Sansome Street San Francisco, CA 94111 Dear Brigadier General Hunter: I am writing to urge your prompt attention to and action on the issue of toxic clean-up at the former Almaden Air Force Station near the Town of Los Gatos, California. The Midpeninsula Regional Open Space District purchased the surplus site on Mount Umunhum in 1986. After the Air Force vacated, there remained the issue of responsibility for clean-up of the toxics on the site before the area could be readied for public access and recreational enjoyment. In December 1991, the site was determined eligible for the federal Defense Environmental Restoration Program: Funding for the first phase of the clean-up became available in early 1992 and the Army Corps of Engineers requested appropriate entry permits to begin the work. Shortly after the permits were granted, the funding was withdrawn and diverted to another project, and all work ceased. Since then, there has been no further action by the Corps towards the clean-up of this site. I would like to strongly express the need for prompt action on this issue. The Open Space District is making long-term plans for its entire 9,000-acre Sierra Azul Open Space Preserve, which includes the former Air Force station, and is being hindered by the toxics issue. The hundreds of thousands of people who live in the area as well as the millions P o s m the e south bay and midpeninsula region, deserve a resolution to this issue in a timely manner. Thank you for your prompt attention to this matter. Sincerely, Pleas e co r py you letter to the followingindividuals as well as to the Open Space p p e District. General Arthur Williams Congressman Norman Mineta U.S. Army Corps of Engineers 2221 Rayburn House Office Building 20 Massachusetts Avenue SW Washington, DC 20515 Washington, DC 20211 Sena tor Barbara Boxer Senator Dianne Feinstein i 1700 Montgomery Street, #240 1700 Montgomery Street, #305 San Francisco, CA 94111 San Francisco, CA 94111 OCT-29—'93 FRI 10:41 ID: PCL SACRAMENTO TEL NO:916 4" 9726 14499 P02 I Cal ff Orniam for Parks & WildWe 1994 Ct7N MC is FOR.IMMIMLA►'I'E_RMSASE Lyon Sadler Planning and Conservation League October 28,1993 (916)444-8726 x 6 Jerry Meral Planning and Conservation League (916)4444ffM x.5 KM PARK BOND lb=&n ��tN10 G'�TT.ZF1w V�L�,fil S IJ13A+Lt"T RECGIRI?72t1.000 St+,l�AtATt�tES Sacrannento--Driven by their love of California, 10,000 volunteers have collected and submitted a record 720,000 petition signatures to qualify the Californians for Parks and Wildlife baud initiative (CalPAW `94). This historic number of volunteer signatures, nearly twice the number required to qualify an initiative, virtually assures Ca1PAW 194 will appear on the June 1994 ballot_ Responding to the Governor's Department of Finance needs analysis for state parks and resources for the next ten years,and the failure of the Legislature to respond to this need, over 600 local and community groups cooperated in drafting C.aWAW '94. It authorizes the sale of.nearly two billion dollars in Gerberal Obligation bonds to fund hundreds of park and wildlife protection and development projects across California into the next century. CalP'AW 94 will make funds available to state, county and local agencies for acquisition and development of safe parks, wildlife habitats and corridors, recreational facilities, at-risk youth program, agricultural land, open space, wetlands, rivers,lakes, fisheries, urban creeks, and the state's remaining forests and redwoods. Since 1928 state parks have been funded almost exclusively through ballot bond measures and it has been half a decade since the last successful park band measure--Proposition 70, also presented to the voters by initiative— garnered 65 percent of the vote. Continued population pressures mean. that {41 ..6 �?,i StxrD�t,$uu6a ocrda I�t E'�►Y(9t6Nti&t 759 OCT-29-'93 FRI 10:42 ID: PCL SACRRYF-NTO TEL NO:916 444 9726 #499 P03 for California's unique natural assets, time is running out. State agencies Point out that Previous bond fiandr, already have run out. CaIPAW94 will also protect important historic and cultural values. It will Provide funds to improve the ChineseAnterican Museum, the California State Indian Museum, the Museum of Tatino History, the African American Museum as well as to secure unique and irreplaceable archaeological and historic sites. The Archaeological Conservancy, the N.A.A-C-P. , the California Preservation Foundation and the Mexican American Legal Defense Fund are just a few of the organizations supporting CaIPAW '94 and its objective of natural preservation and truly safe parks. The diversity of support for CAPAW '94 parallels the remarkable natural diversity of California itself. Organizations as varied as Resource Conservation Districts,local, conservation corps, Congress of California Seniors, community park districts, the American Farmland Trust, the League of Women.Voters, ranchers and developers are just a few members of the team promoting the benefits of CalPAW '94 to the state's economy. 1994 is the right time. Land is now more available and less expensive. The cost of bonds an at a 25-year low. Unlike much of the states spending, land remains a capital as well as a natural asset for California citizens and also tends to appreciate in value over time. Ert many cases, a state park is the economic hub of rural areas. a Quality of life is critical for this state's economic recovery. Study after study shows that open space and parks are key to area values. 0 Population pressures continue to mount, pushing California toward fifty million, and much of our wildlife toward extinction. 0 In contrast to the state's annual budgeting proms,CaIFAW '94 will provide an orderly,predictable funding source and allow for rational phutning into the next century. OCT-29-193 FRI 10:43 ID: PCL SACRAMENTO TEL NO:916 444 9726 14499 PO4 California's state park system, the envy of the world, was launched with bonds sold during the Great Depression, again when land and bond costs were at historic lows. That investment,even during difficult times, provides the foundation for California's one recession-proof industry: tourism CalPAW '94 supporters and drafters include The Nature Conservancy, Audubon Society, Sierra Club, California Native Plant Society, California Waterfowl Association, California Academy of Sciences, American Farmland Trust, the Los Angeles Philharmonic Ducks Unlimited, Friends of the River, Trust for Public Land, League of Women Voters and hundreds of organizations whose memberships run into the millions, and no doubt will grow as the election approaches. The Planning and Conservation League, which is managing the CalPAW '94 campaign,has had four successes of four attempts to qualify and pass statewide initiatives. PCL is the only coalition to qualify a true statewide citizens' initiative with all efforts being conducted by citizen volunteers. WASHINGTON OFFICE COMMITTEE ON SCIENCE, 1� SPACE,AND TECHNOLOGY 1505 LONGWORTH BUILDING `\ y SUBCOMMITTEES WASHINGTON,DC 205 1 5-05 1 4 v (202)225-8104 Anna �• goo TECHNOLOGY,ND AVIATION NMENT A SPACE DISTRICT OFFICE 14tb Miotrict, California SCIENCE 698 EMERSON STREET PALO ALTO,CA 94301 Congregg of the �niteb *tateg COMMITTEE ON MERCHANT (415)323-2984 MARINE AND FISHERIES (408)245-2339 SUBCOMMITTEES: jbouge of Repregentatibeg ENVIRONMENT AND NATURAL RESOURCES Nazbington, 31 C 20515-0514 OCEANOGRAPHY AND THE OUTER CONTINENTAL SHELF NORTHERN CALIFORNIA REGIONAL WHIP November 4, 1993 Mr. L. Craig Britton, Acting General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Mr. Britton: Thank you for your efforts to protect the 179-acre Acronico Property. I believe this would be an important addition to open space in our community. Enclosed is a copy of my letter to the California Department of Parks and Recreation in support of the $320,000 matching grant you requested from the Habitat Conservation Program. Should you have any questions or require additional information, please contact Mr. Tom Tunny in my district office. Sincerely, Ann Eshoo mber of Congress AGE:tpt Enclosure THIS STATIONERY PRINTED ON PAPER MADE OF RECYCLED FIBERS Ot The Value 01 Open Spaces by Elizabeth Brabec,Land Ethics N here is nothing so important to the American Dream as a home of one's o Town and open land around it as far as the eye can see. At y least this is what the myth tells us. e-� However,there is a tension in this myth, municipal budgets for the acquisition a tension between the needs of develop- of parkland and natural areas;and ment and the desire for open land. Within • � the world of business and development, the acquisition,development and pro- the of greenways through a com- open land is seen as an unused and wasted resource-a resource that will only reach its munity. full potential if shaped and guided by the hand of man. But as our communities be- The Benefits Of come more and more developed, as traffic ev increases and as open lands disappear,we Preserved Open Space eL begin to wonder whether open land does not indeed have a value in and of itself. Across the country,when we have asked The following chapter cites a growing People where they would like to live,work, W g g shop and play, they invariably select com- body of evidence that land and resource munities or neighborhoods that have an �v conservation are both economically and so- abundance of trees, open spaces, and un- tY cially beneficial for the community. On the cluttered pedestrian ways. These prefer- one hand, sprawling residential develop- ences translate into clear economic terms:if ev ments which consume open space actually a co `FJ cost a community more than the taxes theycommunity is going to attract long-term residents and long-term businesses, that generate. Thus the more people that move community must be concerned about its into large-lot homes in a community, the appearance, physical character, livability poorer the municipality gets. On the flip and "feel". side,public opensP ace increases property values and adds to an area's economy Communities not only have to be con- Q omy by Y makingcerned about th it more attractive to new residents e number,type and density Y and businesses. o developments,but also about what effect This chapter will also provide you with those developments will have on their townscape, the surrounding rural land- the tools for advocating on behalf of open scape and the resulting sense of place of the w space preservation in a variety of situa- community. This defines the two sides to tions. The most common community is- the issue: one,the beneficial effects or pos- sues which involve a discussion of the itive economic benefits of open space in a w . H value of open space are: community,and two,the negative effects or requirements for clustering develop- costs to a community of sprawling develop- ment on site"and retaining a certain ment and loss of open space. Thee costs to percentage of open space; a community again divide into two types, V • requirements for parkland set-asides the costs to the community as a whole,and the costs to the municipal government, within Planned Unit Developments (PUDs)and subdivision developments; often termed"fiscal impacts". I The Fiscal Impacts The importance of the image of a ment in the quality of life that spread out and there are more miles community is supported by a num- brought rapid economic growth and of roads to cover,than when houses ber of national studies. For exam- a multi-billion dollar tourism indus- are grouped together. ple,in the"Economic Value of Qual- try to the region. In a study of the fiscal impacts ity of Life," Thomas Power (1980) Quality of life has a tangible eco- of major land uses in Culpeper states that enhancing the economics nomic value that can be "cashed in" County,Virginia,it was found and amenities of a community are on. In the relatively depressed econ- that"for every dollar of reve- integral to economic development, omy of Colorado,Boulder stands as nue collected from residential and that amenities and develop- a pillar of success. Denis Nock, land,$1.25 is spent on county ment can go hand in hand. Accord- President of the Chamber of Com- services;for every dollar col- ing to an annual survey of chief ex- merce, attributes Boulder's success lected from industrial/commer- ecutive officers conducted by Cush- to its quality of life - its trees, open cial land,19 cents is spent on man and Wakefield in 1989,quality space and livability. He states that services;similarly,for every of life for employees was the third businesses move to Boulder rather dollar collected from farm/for- most important factor in locating a than locate elsewhere in the region, est/open space, 19 cents is business. In addition to the empiri- and pay the higher taxes and land spent on services." Farm/for- cal studies, it is widely recognized costs,to take advantage of the amen- est/open space generates reve- among political and business lead- ities in Boulder. nues of$1.9 million and expen- ers that amenities play an important ditures of$350,000. Even with role in the economy of a region. Ac- the deferral for use-value taxa- cording to a recent report of the Fiscal Impact tion,farm/forest/open space Governors'Committee on the Envi- land provides a net tax benefit ronment (1988), the governors of Analysis (or How to the county. (Vance and Lar- five New England states officially Much Does Sprawl son 1988) recognized open space as a key ele- Cost the Tax a er?) In a study of development in p y DuPage County,Illinois,it was Fiscal impact analysis is a found that new growth,both method of determining the costs of residential and non-residential, providing public services to a mu- resulted in higher taxes. While nicipality. most citizens and planners feel that non-residential develop- A number of studies have been ment will improve the tax base, done to determine the effects of var- when looking at the long-term ious types of development on a and regional impacts,non-resi- municipality's cost outlays. These dential development had more studies have shown that the net than three times the impact on public costs resulting from low-den- raising taxes of residential de- sity or "sprawl" development are velopment. The study showed higher than those resulting from that commercial and industrial higher density or"cluster"develop- development placed burdens ments for the same number of on public infrastructure and dwelling units. Put in simple terms, services that were not being it costs more to send out school paid for by the increased value Boulder has relied on its trees,open space buses, man emergency vehicles, of the land. (Bergman,1991) and liveability to attract and keepbusiness. fund road repair, and accomplish garbage pick-up when homes are Quick facts ` l t _ v: > x xti /rwa�:.��^'. �'`-c^ r rY �zS: � }} ."'. x;c 4�.�i ,,.c-� '] ci' .�'F _S W.-�.- ., ,�'�`��4 ci' '�rr` '�-ice•^Arm -�rJ'��y'.., rys Y v r-.�. rr• ^ss + � For every dollar of revenue collected from restdenttal land,$1 25 is spent on county services' t -� .r..ssc"�� �"�x� .�� �r. �.�::e T - s�x"sc h`^+y� r^ i .a �tra•z„ �,�. . 1Ve pomublic costs re app�rox rnately�thre*e ames�hagher($2 0�per�d ell ng)where the density was one unit 'per fye:acresthan:where-the densaty_was 4 S:unats peracre ($700 per dwelhng) 'x Page 2 On the Value of Open Spaces Scenic America Technical Bulletin Vol.1,No.2 Of Development • In its study of Loudoun County,Virginia,the American The Economic Farmland Trust found that net Value of Open public costs were approxi- mate) three times higher YSpace � ($2,200 per dwelling)where the density was one unit per five The economic impact of preserv- acres,than where the density ing open space has a variety of fac- was 4.5 units per acre ($700 per ets. The following section will ad- dwelling). dress benefits to the community as a • The Costs of Sprazvl,a study com- whole, benefits to the individual landowners and benefits to devel- missioned by the Council on Environmental Quality,the De- opers. partment of Housing and Urban Development and the Value to the Community71 Environmental Protection As long ago as the 1850's,Freder- Agency,found that"better plan- ick Law Olmsted argued for the eco- ning"and higher density result nomic benefits of creating a major The greenbelt in Boulder increased the ag- in lower economic,environmen- open space in New York City. hoodate property h value for one neighbor- tal,natural resource,and, to Olmsted had to justify the economic some extent,personal and so- validity of purchasing and setting ing land, it is in the public's best cial costs for a given number of aside the vast tract of land that be- economic interest to preserve open dwelling units. . . . increased came Central Park. space. density is less expensive in To justify the expense of the Park, Since Olmsted's time, numerous terms of total costs and even Olmsted began tracking the value of other studies have been conducted more so in terms of that portion real estate adjacent to the park while to demonstrate similar effects else- theof total costs typically ally borney it was still under construction. He where. For example: Research Corporation, Estate compared "the higher tax revenues Researchers evaluating the im- received from this adjacent property pacts of a greenbelt on neigh- • A recent review and evaluation to the interest the city was paying borhood property values in of the literature conducted by for the cost of the land and its im- Boulder,Colorado,found that the Urban Land Institute con- provement. When it was only half cluded that"development the aggregate property value p complete, Central Park began to spread out at low densities in- generate revenue. Olmsted docu- for one neighborhood increased creases the costs of public facili- mented a $55,880 net return in an- $5.4 million with proximity to ties." (Frank, 1989)The book nual tax from the park in 1864."(Fox, the greenbelt. Resulting in looks at the range of costs in- 1990) $500,000 of additional annual duced by sprawling develop- property tax,the increase in ment and suggests that houses The analysis of tax returns done property tax alone could re- built in such sprawl may cost by Olmsted point to a compelling cover the initial costs of the$1.5 from 40 to 400 percent more to reason for communities to preserve million purchase price in just open space. Since one of a three years. (Correll,Lillydahl service than comparable homes municipality's prime sources of and Singell,1978)in more compactly designed funds is the real estate property tax, • subdivisions. and because protected open space On the west coast,the Secretary of the California Resources increases the value of the surround- Increased density is less expensive in terms of total costs and even more so in terms of that portion of total costs typically borne by the government _ Development spread out at low densities increases the costs of public facilities In Boulder, Colorado, the aggregate property value for one neighborhood increased $S 4 million" with proximity to the greenbelt Y-+` � h Scenic America Technical Bulletin Vol.1,No.2 On the Value of Open Spaces Page 3 Ite Value of Agency anticipated that$100 boating. The ponds added an Among the reported findings are million would be returned to estimated$227,000 to surround- the following facts: local economies each year from in property value. The lower • Y � r r Y Analysis of property sales in an initial park bond investment figure here results from the the vicinity of 1,294-acre Pen- of$330 million. The returns smaller acreage of this area,and nypack Park in Philadelphia were to be in the form of in- from the fact that the lakes area shows that nearby real estate d value f properties and recreational facili with virtu- crease o p op sfacility has a higher value than proper- stimulated business.(National ally no urban beautification ties located elsewhere in the Park Service,1990) qualities. city.At 40 feet distance,the • In a study of Lake Merritt in park accounted for 33% of the Oakland,Lake Murray in San Benefits to Landowners land value,at 1,000 feet 9% and Diego and La Mesa and the and Developers at 2,500 feet 4.2% A net in- Santee Lakes in Santee,Califor- Building off Olmsted's ex eri- crease of$3,391,000 in real es- nia,it was found that urban g p tate value was directly attrib- water parks had a marked ef- ence in Central Park,there is a grow- uted to the park. Each acre of fect on surrounding property ing body of evidence to show that parkland generated about values. (Darling,1973) Lake property values actually tend to in- $2,600 in location rents,or in- Merritt is an extensively devel- crease as a result of the provision of creased value in the surround- oped urban water park located open space within and around de- ing property. (Hammer,Cough- in the center of Oakland,Cali- velopments. Protected open space lin and Horn, 1974) in towns of all sizes benefits real forma. The park contains the lake and a 3.18-mile green belt. estate development because it in- There is often a decrease in the g creases the value and marketability value of property in proximity Using a property value model, to heavily used,active recre- the park added an estimated of adjacent property. This can be an to he arks. A stud of five $41 million in value to the sur- important factor both in sluggish P Y markets and in terms of long-term parks in Columbus,Ohio, rounding property. found the properties adjacent resale value and appreciation. P P J Lake Murray is a reserve reser- to the active park which faced voir for the central and eastern heavily-used recreational facili- parts of San Diego. The park The open space system. is not ties rather than scenery,sold has a four-mile shore line but a frill not an "amenity," not a for an average of 7% ($1,150) has only limited recreational less than properties a block something=to be-added-on-by use. The area is largely single away. But the same study-and-by. housing, trans- family residential. A property Like' found that properties facing value model again showed an portation, education, and eco- passive parks sold for 7 to 23% increase to surrounding prop- nomic-development,: like air, more than a block away. (Weic- erty. Value attributed to the water-and,light, it is a funda- ker and Zerbst, 1973) lake is over $1 million, with an mental building block of mod- A study of property values sur- additional $426,000 added to ern urban life, a physical, so- rounding four parks in Worces property value due to the view. cial, economic, and human ne- ter,Massachusetts,found an in- The Santee Lakes are five small cessity, day in, day out, year crease in property value with ponds located in a lower-mid- after year. proximity to the park,unless dle income single housing area. New York City open space Task Force,1987 the properties were next to ac- The ponds have been developed tive recreation facilities. for recreational use and include Houses within 20 feet of a park areas for swimming,fishing and were worth approximately ximatel Y Quick Facts � �xx • • • d ., `z.*'— s''�l` �$` .ji:. .c", i-^ i `a"mow. i v-a ...z 3 A nefincrease of$"91,000 to real estate=vae lu ,was darectly.attributed to Pennypack Park mPhtladelphta In Dayton, OH,proximity to an arboretum added5% to tli veraYge selling prices of homesiand proxtmtty to the park*and river added Page 4 On the Value of Open Spaces Scenic America Technical Bulletin Vol.1,No.2 lvreser-ved Open Land S2,675 more than a similar similar homes in subdivisions It has often been politically diffi- house 2,000 feet away from the without open space: The clus- cult to enact open space preserva- park. For active recreation ter subdivision was distin- tion regulations. For this reason, parks,property values in- guished by smaller lots(one- many communities have gone to creased one block away from quarter acre), two ponds,a ten- large lot zoning to preserve open the park.Overall,219 acres of nis court,a baseball diamond,a space. The result of these measures park generated$349,195 of eco- playing field/village common has led to increased sprawl and a nomic benefit.(More,Stevens and a nature trail with approxi- loss of economic or amenity advan- and Allen, 1982) mately 36 acres of open space. tages which preserved open space • In Davton,Ohio, proximity to The conventional subdivision provides. an arboretum added 5% to the offered little more than larger lots (one-half acre),and a small average selling prices of homes l Greenbelt Zoning and proximity to the park and amount of open space. (Lacy and Arendt, One class of zoning techniques river added 7.35%. (Kimmel, which preserve large areas of pri- 1985) vately-held open space are urban • House prices declined by an av- The Economics OiL land containment programs. These erage of$4.20 for each foot of and programs rely on the zoning of an distance away from a greenbeltClustering, urban growth core, and surround- in Boulder,Colorado,and the ppen Space ing greenbelt. The greenbelt zon- values of homes adjacent to the greenbelt were 32% higher than Provisions those for similar residences 3,000 feet away. (Correll, When examining Lillydahl and Singell, 1978) the economic impacts • In a study of land zoned as an of the wide variety of urban greenbelt in Salem,Ore- open space preserva- gon,urban land adjoining farm- tion techniques avail- land zoned exclusively for agri- able,all of the forego- culture was worth$1,200 more ing economic impacts per acre than similar land 1,000 -those to the commu- feet away from the greenbelt. nits, to the taxpayer, (Nelson,1986) and to the landowner «� • In Seattle,homes near the 12- - must be taken into account. A variety of mile Burke Gilman trail sell for mechanisms exist for 6% more than other houses of the preservation of like size,according to a survey open space,from zon- ing to non-zoning of local realtors. (Seattle Office of Planning, 1987) � g techniques, all of • In a research project conducted which have different by the Center for Rural Massa- results on the land, chusetts,it was found that and which have dif- homes in a cluster subdivision ferent economic re- appreciated 12.7 percent faster sults. over 21 years,compared with Proximity to urban parks increases property values. Hoarse prices declined by an average of$4.20 for each foot of distance away from a greenbelt in Boulder, Colorado. In Salem, Oregon, urban land adjoining farmland zoned exclusively for agriculture was worth $1,200 more per acre than similar land 1,000 feet away from the greenbelt. Homes in a cluster subdivision appreciated 12.7 percent faster over 21 years, compared with similar homes in subdivisions without open space. .Scenic.America Technical Bulletin Vol. 1.No.2 On the Value of Open Spaces Page 5 i The Economics of the greenbelt will have a manent ways to prevent develop- lower value compared to ment, but are expensive and often land within the urban do not preserve contiguous tracts. growth boundary. These Acquisition programs, particu- lower land prices make it larly at the local level are often financially feasible to viewed as frivolous. However, farm, thus encouraging even without considering the re- farming within the green- lated benefits of open space, it is belt. Thirdly, there will be often cheaper for a community to an area within the green- acquire open space than to have it belt, adjoining the urban developed. A simple example of boundary,that is unattrac- this economic reasoning comes } tive for farming due to the from Closter, New Jersey, where proximity of urban devel- eighty acres of open space were ac- opment. quired in the town. (Little, 1968) If There are many com- the property had been developed munities in which a green- according to zoning, 160 homes belt zoning solution to could have been built. To service Greenbelt zoning is used to preserve open space adja- open space and agricul- these homes would have required cent to urban areas. It can also be used to preserve tural land preservation is $144,000 in education costs for the farmland where farming concerns are accounted for in politically infeasible. This children of the 160 families,and an- the designation of greenbelt land and in development is particularly true in areas nual costs for police,garbage collec- restrictions. where development pres- tion and other services would have ing, alternately called agricultural sure is high,and it is clear cost an additional$12,000. Tax rev- land preservation zones, have two that the zoning restrictions will re- enues,on the other hand,were only goals: to eliminate development duce the value of land. In these $100,000 per year, creating an an- pressure from the greenbelt, and to areas,there are two types of zoning nual shortfall of$56,000. Based on prevent speculation on the green- solutions and one non-zoning solu- an acquisition cost of$500,000, the belt land. (Nelson,1986) tion available: transfer of develop- annual tax deficit would equal the ment rights,cluster ordinances,and purchase price in ten years. (Little, Where, on the one hand, a resi- purchase programs. 1968) dential property may enjoy a pre- mium in value due to its proximity This is not to say that all housing to a greenbelt or open space area, P y Purchase Programs This should be prevented ' the proximity of farms to developed Purchase programs for open in a community, nor that all vacant urban areas is seen as a negative space preservation range from pur- land should be bought and retained value, since urban development chase of the entire land (fee simple as open space. The analysis does causes a variety of nuisances to the acquisition) to purchase of rights in say, however, that in some in- farmer. the land, either a scenic, historic, stances, while open space acquisi- Thus,greenbelt zoning has three conservation or access easement,or tion timesnresult in a smaller tax inay raise taxes, it crease ten results. First, since the greenbelt is the development rights to the land. an amenity,it will increase the value Purchase of development rights than that required by allowing the of the adjacent urban land. Second, programs such as those in Massa- land to develop. For example, in since greenbelt land cannot be de- chusetts and Maryland are often Floyd Harbor, New York, planners veloped, agricultural land within used at the state or local level to estimated that acquisition would in- preserve farmland. These are per- crease taxes by 18 percent,while de- Quick Facts Even without considering the related benefits of open space, tt,rs often cheaper fora community to acquire open space than to"have it developed :In Floyd Harbor,New York,planners;estimated that acquisition would increase taxes by-1 8 percent, while ,..` development would increase taxes by`51 percent }>+� Y -r; � ,x �,, Y n the Value o en Spaces Scenic America Technical Page 6 0 Oec ical Bulletin Vol.8 f P t 1 No.2 Open Space Regulation velopment would increase taxes by Cluster Ordinances 51 percent. (Little, 1968) Cluster ordinances are useful in Transfer of areas where development pressures Development Rights are high, but where the staff and fiscal requirements of a TDR pro- Transfer of development rights gram cannot be met. Cluster ordi- (TDR) programs are another nances rely on the underlying zon- method that a community can use to ing density to determine develop- preserve open space. TDR pro- ment units, and require that a spe- grams function with the designation cific percentage of open space,usu- of "sending" and "receiving" zones ally 50 to 80 percent,be set aside in within a community. Thus the a contiguous tract. This open space sending zone would be the areas may be held publicly or privately, identified for open space and re- but carries a deed restriction prohib- source protection,and the receiving iting further development. zone the designated growth area. When considering cluster ordi- Many communities have nances,most communities have dif- adopted TDR systems for the pres- ficulty in determining what cluster ervation of farmland and other open densities to require,and what types space. In order to be successful,the of incentives are necessary to make program must be designed to enable clustering financially feasible. Cluster ordinances generally require that the developer to realize enough Achievable cluster densities, with the allowed density per acre be sited in profit from the purchase and trans- no increase in total allowable den- such a way as to preserve significant open fer of the development. This in- sity,must be based on three factors: space. cludes a streamlined municipal pro- the cost savings of physical develop- cess for transferring the rights,den- ment,sewage treatment options and roads and utilities. Assuming soil sity incentives for the developer, local market forces. For example, conditions for which there is no re- and assuring the availability of mu- with respect to local market forces, quired change from on-site septic nicipal services for the development in Howard County, Maryland, it systems to a central sewage treat- in the receiving area. was found that the local housing ment facility, at densities of one The value of a development right market would value one-acre house dwelling per five-acres, approxi- rests on a number of variables. It lots with adjacent open space mately $3,500 in site development rests on the type and location of the equally with a typical 3 to 5 acre costs could be saved for each in- housing units to be built in the re- house lot. (Legg Mason, 1990) The crease of one dwelling per five-acre ceiving area,and the supply and de- size relationship will change with lot. (Maryland Office of Planning, mand for purchase of the develop- local market conditions; however, 1990) For example, if four addi- ment rights. When an appraiser is there will be a threshold for every tional dwellings were allowed on a retained to determine the fair mar- community where clustering of lots five-acre parcel (producing a net ket value of a development right,the will produce an equal or greater re- density of one dwelling per acre), appraisal should reflect the mar- turn to the developer than a conven- $14,000 could be saved in site costs, ginal value of the housing that pur- tional subdivision. and 20 acres of open space could be chasing the right would make possi- Clustering lowers infrastructure Protected when the dwelling units ble. (Price,1981) costs for developers and municipal- were clustered. ities by reducing the lengths of - In order to be successful,the TDR program must be designed to enable the developer to realize enough profit from the.purchase and transfer_of-the development % This includes a streamlined municipal process for transferring the rights,density incentives for the developer,and assuring the availability of municipal services or the develo ment in the receiving area - _f P g � = _ - At densities of one dwelling per five acres,approximately"$3,500 m site development costs could be•saved for each increase of one dwelling per five acre lot t r �+ r°` �� -:ct� �w����3�'�.����'��' .�y� �'� w. .^.rti ir�..`'t".� '�,.�� r�•x�y�� ��'}i��'oa���y�h .�.,,x^� ,�,� ,,.����� .��e�:. ..:: .. k �y`'3"` �Y,S.,X is'.c..;�fr..'# ru .�nR.a^ v .�a��.�•�r'�• t'G:��?•>s -` r'a'�t�. �-c Scenic America Technical Bulletin Vol.1,No.2 On the Value of Open Spaces Page 7 InformationFor F rther u Fiscal Impact Analysis Correll,Mark R.,Jane H.Lillydahl and Larry D.Singell,1978. The Effects of This bulletin is abstracted from a and the Costs of Sprawl: Greenbelts on Residential Property Values: book on the economics of preserv- Some Findings on the Political Economy of ing community character to be American Farmland Trust,1986.Den- Open Space,Land Economics,54(2). sity-Related Public Costs,Washington, published in 1993. For more infor- D.C.:American Farmland Trust. Darling,Arthur H.,1973.Measuring Bene- mation please contact: fits Generated by Urban Water Parks,Land Bergman,David,1991. Does Develop- Economics,49:22-34. Scenic America ment Really Pay for Itself?,Newsreporter. 21 Dupont Circle,NW Warrenton,VA:Piedmont Environmen- Diamond,Douglas B.Jr.,1980. The Rela- Washington,DC 20036 tal Council,Se tember/October. tionship Between Amenities and Urban P Land Prices,Land Economics,56:21-32. (202)833-4300 Burchell,R.W.and D.Listokin,1980. This project has been made ossi- ' Practitioners Guide to Fiscal Impact Fox,Tom,1990.Urban Open Space:An p 7 P Analysis. New Brunswick,al I Center Investment that Pays.New York:The ble in part by grants from the J.M. for Urban Policy Research. Neighborhood Open Space Coalition. Kaplan Fund, the National Trust Center for Governmental Studies,1979. Petersen,John and Matthew Montavon, for Historic Preservation and the C C Guidebook for Fiscal Impact 1979. 1990. Elkwood Downs:Its Fiscal Impli- Andy Warhol Foundation. sis of Residential Developments Pro- cations for Culpeper County. Govern- Researched and prepared by: posed for Unincorporated Areas of De- meat Finance Research Center. Elizabeth Brabec,Land Ethics Kalb County.DeKalb,IL:Northern Illi- Power,Thomas,1980.The Economic All photos Land Ethics nois University. Value of the Quality of Life.Boulder, Doucette,R.,S.Dow III,and J.Milne, Colorado:Westview Press. 1977. The Comparative Economics of Hammer,T.R.,R.E.Coughlin and E.T. Programs,Journal of the American Plan- Residential Development and Open Horn,1974. The Effect of a Large Urban ning Association, 55(2):150-171 Space Conservation:A Manual for Mu- Park on Real Estate Values,Journal of the Nelson,Arthur C.,1985. A Unifying nicipal Officials and Other Townspeo- American Planning Association, 40: View of Greenbelt Influences on Regional ple. Portland-Gorham,ME:Center for 274-277. Land Values and Implications for Regional Research and Advanced Study,Univer- Kimmel,Margaret M.,1985. Parks and Planning,Policy,Growth and Change, sity of Maine. Property Values:An Empirical Study 16(2):43-48. Frank,James E.,1989. The Costs of Al- in Dayton and Columbus,Ohio. The- Seattle Office of Planning,1987. Evalua- temative Development Patterns:A Re- sis. Oxford,OH:Miami University,In- tion of the Burke-Gilman Trail's Effect view of the Literature. Washington, stitute of Environmental Sciences. on Property Values and Crime. Seattle, D.C.:The Urban Land Institute. Lacy,Jeff and Randall Arendt,1990. An WA:Seattle Engineering Department. Real Estate Research Corporation,1974. Examination of Market Appreciation Thomas,Holly L.,1991.The Economic The Costs of Sprawl:Executive Sum- for Clustered Housing with Perma- Benefits of Land Conservation,Tech mary and Detailed Cost Analysis. nently Protected Open Space. Am- Memo. Dutchess County Planning De- Washington,D.C.:U.S.Government herst,MA:Center for Rural Massachu- partment. Printing Office. setts. Weicker,John C.and Zerbst,Robert H. Vance,Tamara A.and Arthur B.Larson, Legg Mason,1990. Real Estate Report The Externalities of Neighborhood Parks: 1988. Fiscal Impact of Major Land Uses on Cluster Developments in Howard An Empirical Investigation,Land Econom- in Culpeper County,Virginia. Pied- County,Maryland.Unpublished. ics,49:99-105. mont Environmental Council. More,Thomas,Thomas Stevens and P. Allen,1982. The Economics of Urban General: The Economic Impacts Parks:A Benefit/Cost Analysis,Parks and Alliance for the Chesapeake Bay,1991. of Open Space Recreation August 1982:pp.31-33. panel:Reducing Nutrients Growing More National Park Service,1990. The Eco- Difficult,Bay Journal, March. Caputo,Darryl F.,1979. Open Space nomic Impacts of Protecting Rivers, Brooks,Andree,1987. Cluster Builders' Pays:The Socioenvironomics of Open Trails,and Greenway Corridors. Wash- New Enticement:Adjacent Woods,The Space Preservation. Morristown,NJ: ington,D.C.:National Park Service. New York Times,May 8. New Jersey Conservation Foundation. Nelson,Arthur C.,1986. Using Land Markets to Evaluate Urban Containment Page 8 On the Valve of Open Spaces Scenic America Technical Bulletin Vol.1,No.2 Claims No. 93-19 Meeting 93-22 Date: Nov. 17, 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4992 491.71 Acme & Sons Sanitation, Inc. Sanitation Services 4993 453.57 L.C. Action Police Supply Field Supplies 4994 207.04 AT&T Maintenance Agreement 4995 157.61 Randy Anderson Private Vehicle Expense 4996 216.50 Arne Sign& Decal Co., Inc. Decals 4997 220.51 Barron Park Supply Co. Plumbing Supplies 4998 200.00 Bettencourt American Landscape October Gardening Service - Distel Circle 4999 5,041.11 Bianchi Construction, Inc. Picchetti Blacksmith Shop Restoration 5000 5,108.65 Binkley Associates Consulting--Skyline Water System 5001 850.50 Brian Kangas Foulk Slope Density Study--Teague Hill 5002 850.00 California Solvent Recycling Corp. Waste Disposal 5003 325.15 California Water Service Water Service 5004 3,705.00 Cannis Consulting Engineers Engineering Services--Weeks Road 5005 70.19 Capitol Enquiry, Inc. Maps 5006 98.83 Clark's Auto Parts/Machine Shop Vehicle Parts 5007 30.20 R.V. Cloud Co. Plumbing Supplies 5008 100.00 Coastside Proflame Propane Fuel 5009 170.25 Barrie D. Coate Horticultural Consulting--Weeks Road 5010 521.73 Bernadette Congdon Volunteer Patrol Vests 5011 50.00 Patrick Congdon Reimbursement--Interpretive Materials 5012 100.00 Conservation Fund Newsletter Subscription 5013 455.00 Daily Pacific Builder Legal Ad--Skyline Water 5014 8.97 Dennis Danielson Reimbursement--Field Supplies 5015 1,036.04 Design Concepts Brochure Revisions, Typesetting, Layout 5016 2,964.00 Earth Systems Consultants Engineering Services--Weeks Road 5017 210.21 Emergency Vehicle Systems Vehicle Parts 5018 2,216.00 Environmental Concepts Soil and Percolation Tests 5019 10.82 Film to Frame Photographic Services 5020 3,082.91 David B. Fisher, Esq. Legal Services 5021 222,000.00 Gateway Title Company Land Purchases--Moeller and Evatt 5022 201.50 Mary Gundert Reimbursement--Personal Vehicle 5023 602.00 Flinn, Gray & Herterich Vehicle Insurance 5024 20.20 G & K Services Shop Towels 5025 61,801.18 Geotechnical Management, Inc. Services--Skyline Ridge Water System 5026 150.64 The Home Depot Field Supplies 5027 2,860.00 Heuttig & Schromm, Inc. Construction Management--Rancho Field Office 5028 64.95 Hyster Sales Company Field Supplies Rental 5029 788.06 Jeda Publications, Inc. Brochure Printing 5030 362.98 Kaiser Cement Base Rock 5031 81.13 Keeble & Shuchat Photography Photo and Slide Processing 5032 309.29 Konica Business Machines Services and Supplies 5033 60.58 John Kowaleski Reimbursement-Uniform Expense 5034 100.00 La Honda Vista Water Company Water Service 5035 143.08 Judy Law Reimbursement--Personal Vehicle & Supplies 5036 138.00 Los Altos Camera Shop Camera Repair 5037 541.76 Los Altos Garbage Company Dumpster Rental i Claims No. 93-19 Mr - 93-22 Nc 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ---------------------------------------------------------------------------------------------------------------------------------------------------- 5038 5,298.51 Merwin (Bucky) Mace Consulting Services 5039 600.00 Magana's Building Maintenance October Janitorial Services 5040 128.60 Marin Supply Company Field Office Supplies 5041 446.00 McGrath RentCorp Temporary Office Rental 5042 341.09 Minton's Lumber & Supply Field Supplies 5043 88.87 Moffett Supply Company Office Supplies 5044 5,684.09 Murray & Murray Legal Services 5045 135.59 Noble Ford Tractor, Inc. Vehicle Parts 5046 37.34 Northern Energy, Inc. Propane Fuel 5047 2,377.00 Stanley Norton Litigation Expenses--3rd Quarter 1992 and September Expenses 5048 708.66 Office Depot Office Supplies 5049 437.92 Orchard Supply Hardware Field Supplies 5050 20.00 Bev Ortiz Honorarium 5051 1,440.60 Pacific Bell Telephone Service 5052 106.57 Page & Turnbull, Inc. Architectural Services--Picchetti Area 5053 5.30 City of Palo Alto Utilities 5054 35.00 Park Rangers Assn. of California Workshop Registration Fee 5055 77.29 Loro Paterson Reimbursement--Field Supplies 5056 119.60 Peninsula Blueprint, Inc. Blueprints 5057 3,000,000.00 Peninsula Open Space Trust Land Purchase Contribution 50n 1,200.00 Postage by Phone Postage for Meter 5059 200.00 Michael T. Quane Ranger Training 5060 63.65 Patty Quillin Reimbursement--Copying Expense 5061 90.00 Rabbit Copiers Copier Maintenance 5062 28.83 Rancho Hardware & Garden Shop Field Supplies 5063 32.50 Rayne of San Jose Water Service 5064 1,083.37 Reed & Graham Inc. Asphalt 5065 100.00 Regal Dodge, Inc. Vehicle Repair 5066 564.99 Rich's Tire Service Tires 5067 2,831.03 Roy's Repair Service Vehicle Repairs and Maintenance 5068 83.07 Russ Enterprises, Inc. Signs 5069 159.18 Safety-Kleen Corp. Solvent Tank Service 5070 145.00 David Sanguinetti Reimbursement--Conference Registration 5071 8,215.03 Seafirst Bank Promissory Note Payments 5072 62,907.00 Sevan Construction, Inc. Construction--Rancho Field Office 5073 3,240.00 E.R. Sheehan Trail Work and Machine Rental 5074 238.09 Shell Oil Company Fuel 5075 635.82 John Shelton, Inc. Drainage Material 5076 452.00 Shelton Roofing Co., Inc. Roof Repair 5077 127.50 Rick Skierka Land Survey 5078 277.66 Skyline County Water District Water Service 5079 61.28 Malcolm Smith Reimbursement--Personal Vehicle Expense 5080 160.16 Taylor Rental Road Repair Vehicle Rental 5081 3,700.00 Mike Tobar Excavation Debris Removal--Purisima Creek 5082 872.72 Uarco Inc. Office Forms i Claims No. 93-19 M` ;ng 93-22 N 17, 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------------------------------------------------------------- 5083 2,322.20 Valley Oil Company Fuel for District Vehicles 5084 66.03 Value Business Products Office Supplies 5085 171.14 WMI Services: Part-o-let Sanitation Services 5086 45.47 Westcoast Rebar Company Rebar 5087 5,053.49 Whitmore, Johnson & Bolanos Legal Fees--Personnel 5088 1,981.00 Windward Construction Co. Inc. Telephone Circuit and Exhaust Fan 5089 164.81 Workingman's Emporium Field Uniform Supplies 5090 48.93 Joan Young Reimbursement--Volunteer Uniforms *Urgent check issued on November 2, 1993 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF PUBLIC MEETINGS The November 10 Regular Meeting of the Board of Directors has been rescheduled to Wednesday. November 17 beginning at 7:30 P.M. at the District office. The November 24 Regular Meeting of the Board of Directors has been canceled due to the Thanksgiving holiday. The Resource Management Committee will meet on Thursday, November 4, 1993 beginning at 7:30 P.M. at the District office. The purpose of the meeting will be to discuss the draft outline of the policy document. The 20th Anniversary Committee will meet on Thursday, December 2, 1993 beginning at 5:30 P.M. at the District office. The purpose of the meeting will be to close out 20th Anniversary events. Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 . FAX: 415-691-0485 Q General Manager.Herbert Grench Board of Directors_Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit Claims No. 93-19 Meeting 93-22 Date: Nov. 17, 1993 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ---------------------------------------------------------------------------------------------------------------------------------------------------------- 4992 491.71 Acme & Sons Sanitation, Inc. Sanitation Services 4993 453.57 L.C. Action Police Supply Field Supplies 4994 207.04 AT&T Maintenance Agreement 4995 157.61 Randy Anderson Private Vehicle Expense 4996 216.50 Arne Sign & Decal Co., Inc. Decals 4997 220.51 Barron Park Supply Co. Plumbing Supplies 4998 200.00 Bettencourt American Landscape October Gardening Service - Distel Circle 4999 5,041.11 Bianchi Construction, Inc. Picchetti Blacksmith Shop Restoration 5000 5,108.65 Binkley Associates Consulting--Skyline Water System 5001 850.50 Brian Kangas Foulk Slope Density Study--Teague Hill 5002 850.00 California Solvent Recycling Corp. Waste Disposal 5003 325.15 California Water Service Water Service 5004 3,705.00 Cannis Consulting Engineers Engineering Services--Weeks Road 5005 70.19 Capitol Enquiry, Inc. Maps 5006 98.83 Clark's Auto Parts/Machine Shop Vehicle Parts 5007 30.20 R.V. Cloud Co. Plumbing Supplies 5008 100.00 Coastside Proflame Propane Fuel 5009 170.25 Barrie D. Coate Horticultural Consulting--Weeks Road 5010 521.73 Bernadette Congdon Volunteer Patrol Vests 5011 50.00 Patrick Congdon Reimbursement--Interpretive Materials 5012 100.00 Conservation Fund Newsletter Subscription 5013 455.00 Daily Pacific Builder Legal Ad--Skyline Water 5014 8.97 Dennis Danielson Reimbursement--Field Supplies 5015 1,036.04 Design Concepts Brochure Revisions, Typesetting, Layout 5016 2,964.00 Earth Systems Consultants Engineering Services--Weeks Road 5017 210.21 Emergency Vehicle Systems Vehicle Parts 5018 2,216.00 Environmental Concepts Soil and Percolation Tests 5019 10.82 Film to Frame Photographic Services 5020 3,082.91 David B. Fisher, Esq. Legal Services 5021 222,000.00 Gateway Title Company Land Purchases--Moeller and Evatt 5022 201.50 Mary Gundert Reimbursement--Personal Vehicle 5023 602.00 Flinn, Gray & Herterich Vehicle Insurance 5024 20.20 G & K Services Shop Towels 5025 61,501.1.8 Geotechnical Management, Inc. Services--Skyline Ridge Water System 61,415.85 5026 150.64 The Home Depot Field Supplies 5027 2,860.00 Heuttig & Schromm, Inc. Construction Management--Rancho Field Office 5028 64.95 Hyster Sales Company Field Supplies Rental 5029 788.06 Jeda Publications, Inc. Brochure Printing 5030 362.98 Kaiser Cement Base Rock 5031 81.13 Keeble & Shuchat Photography Photo and Slide Processing 5032 309.29 Konica Business Machines Services and Supplies 5033 60.58 John Kowaleski Reimbursement--Uniform Expense 5034 100.00 La Honda Vista Water Company Water Service 5035 143.08 Judy Law Reimbursement--Personal Vehicle & Supplies 5036 138.00 Los Altos Camera Shop Camera Repair 5037 541.76 Los Altos Garbage Company Dumpster Rental i Ci. No. 93-19 Date: Nov. 17, 1993 Meeting 93-22 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description --------------------------------------------------------------------------------------------------------------------------------------------------------- 5038 5,298.51 Merwin (Bucky) Mace Consulting Services 5039 600.00 Magana's Building Maintenance October Janitorial Services 5040 128.60 Marin Supply Company Field Office Supplies 5041 446.00 McGrath RentCorp Temporary Office Rental 5042 341.09 Minton's Lumber & Supply Field Supplies 5043 88.87 Moffett Supply Company Office Supplies 5044 5,684.09 Murray & Murray Legal Services 5045 135.59 Noble Ford Tractor, Inc. Vehicle Parts 5046 37.34 Northern Energy, Inc. Propane Fuel 5047 2,377.00 Stanley Norton Litigation Expenses--3rd Quarter 1992 and September Expenses 5048 708.66 Office Depot Office Supplies 5049 437.92 Orchard Supply Hardware Field Supplies 5050 20.00 Bev Ortiz Honorarium 5051 1,440.60 Pacific Bell Telephone Service 5052 106.57 Page & Turnbull, Inc. Architectural Services--Picchetti Area 5053 5.30 City of Palo Alto Utilities 5054 35.00 Park Rangers Assn. of California Workshop Registration Fee 5055 77.29 Loro Paterson Reimbursement--Field Supplies 5056 119.60 Peninsula Blueprint, Inc. Blueprints 5057 3,000,000.00 Peninsula Open Space Trust Land Purchase Contribution 5058 1,200.00* Postage by Phone Postage for Meter 5059 200.00 Michael T. Quane Ranger Training 5060 63.65 Patty Quillin Reimbursement--Copying Expense 5061 90.00 Rabbit Copiers Copier Maintenance 5062 28.83 Rancho Hardware & Garden Shop Field Supplies 5063 32.50 Rayne of San Jose Water Service 5064 1,083.37 Reed & Graham Inc. Asphalt 5065 100.00 Regal Dodge, Inc. Vehicle Repair 5066 56499 Rich's Tire Service Tires 1,104.42 5067 2,831.03 Roy's Repair Service Vehicle Repairs and Maintenance 5068 83.07 Russ Enterprises, Inc. Signs 5069 159.18 Safety-Kleen Corp. Solvent Tank Service 5070 145.00 David Sanguinetti Reimbursement--Conference Registration 5071 8,215.03 Seafirst Bank Promissory Note Payments 5072 62,907.00 Sevan Construction, Inc. Construction--Rancho Field Office 5073 3,240.00 E.R. Sheehan Trail Work and Machine Rental 5074 238.09 Shell Oil Company Fuel 5075 635.83 John Shelton, Inc. Drainage Material 5076 452.00 Shelton Roofing Co., Inc. Roof Repair 5077 127.50 Rick Skierka Land Survey 5078 277.66 Skyline County Water District Water Service 5079 61.28 Malcolm Smith Reimbursement--Personal Vehicle Expense 5080 160.16 Taylor Rental Road Repair Vehicle Rental 5081 3,700.00 Mike Tobar Excavation Debris Removal--Purisima Creek 5082 872.72 Uarco Inc. Office Forms