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HomeMy Public PortalAbout19931215 - Agendas Packet - Board of Directors (BOD) - 93-25 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-25 RESCHEDULED REGULAR MEETING BOARD OF DIRECTORS AGENDA 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California December 15, 1993 * RO LL OLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Legislative Report -- C. Britton (8:30) 2. Dedication Status of District Lands -- C. Britton Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes (8:35) 3. Proposed Addition of Vidovich Property to Rancho San Antonio Open Space Preserve -- C. Britton ' (8:40) 4. Caretaker Agreement - Rhus Ridge Road, Rancho San Antonio Open Space Preserve -- J. Escobar *** 5. Reconveyance of Deed of Trust - Former Phleger Property -- C. Britton *** 6. Scheduling of January 22 Workshop -- C. Britton (8:45) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION (Litigation, Land Negotiations, and Personnel Matters) ADJOURNMENT *NOTE: T cmes are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. a 330 Distel Circle . Los Altos, California 94022-1404 Phone: 415-691-1200 . FAX:415-691-0485 e Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i I ** 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 =roved without discussion by one motion unless a Board member removes an item from the consent calendar, or separate discussion. A member of the public may request under oral communications that an item be removed,from the consent calendar. NOTICE OF PUBLIC MEErII�TGS The Dog Committee will meet on Tuesday, December 14, 1993 beginning at 7:00 P.M. at the Mountain View Community Center, 201 South Rengstorff Avenue in Mountain View. The meeting will be to review the draft scope and schedule for studies leading to an update of the District's program and policies on dog access. The Legislative Committee will meet on Wednesday, December 15, 1993 beginning at 5:30 P.M. for the purpose of meeting with the District's legislative consultant on up-coming legislative activities. The Board's December 22 Regular Meeting has been rescheduled to December 15. The next Regular Meeting of the Board of Directors will be Wednesday, January 12, 1994 beginning at 7:30 P.M. at the District office. Office of Controller G.R. (GERRY) TRIAS CONTROLLER DANIEL P.VRTIS 0. ASSISTANT CONTROLLER COUN TY Oi' TELEPHONE 415 363-4777 COUNTY GOVERNMENT CENTER • REDWO RESPONSE AGTIQN PROPOSED BY STAFF Board President Acknowledge/Respond December 1, 1993 Director Acknowledge/Respond Staff Acknowledge/Respond Board of Directors Midpeninsula Regional Open Space District Draft Response attached 70 West Heddin Staff to Directed Prepare Draft g for Response for Board Consideration ideration per San Jose, CA 95110 Board Directive(s) No Response Necessary SUBJECT: 1993-94 ESTIMATED PROPERTY TAX REVENUE #78560 - MIDPENINSULA REGIONAL OPEN SPACE DISTRICT We have estimated your 1993-94 Property Talc Revenue as follows: SECURED $2,696,241 UNSECURED 355,808 HOPTR 57,186 TOTAL $3,109,235 The 1993-94 SECURED taxes only will be paid under the TEETER PLAN, which requires full payment of the tax levy with no deductions for delinquencies. The tax levy is subject to adjustment for all increases, decreases and refunds processed throughout the Fiscal Year. The final payment will include these adjustments. The Unsecured, HOPTR and Unitary will be based on actual collections as has been done in past years. Your estimated Unitary revenue is $55,372. Your total shift to the Educational Revenue Augmentation Fund (ERAF) in 1993-94 is $ -0-. If you have any questions, please call George Scotch at 599-1153. Very truly yours, ta' /Q. CONTROLLER GRT:GS:of f:\share\wpsharc\proadt4 Open Space 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-133 Meeting 93-25 December 15, 1993 AGENDA ITEM Legislative Report DISCUSSION ` Ralph Heim, the District's legislative advocate in Sacramento, will be meeting with the Legislative Committee on December 15. In addition, he will brief the full Board on the events of this past legislative year and discuss the forthcoming 1994 session of the California State Legislature. Prepared by: Jean H. Fiddes, Administrative Services Manager Contact person: L. Craig Britton, Acting General Manager 330 Distel Circle Fos 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 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-131 Meeting 93-25 December 15, 1993 AGENDA ITEM Dedication Status of District Lands ACTING GENERAL MANAGERS RECOMMENDATION Adopt the attached Resolution Dedicating Interests in Certain District Lands for Public Open Space Purposes. Introduction: In accordance with the Board's Dedicated Lands Policy as last amended January 22, 1986 (see report R-86-03 dated January 13, 1986), an annual report indicating the status of District lands as dedicated or undedicated is to be presented to you in December of each year. According to this policy, "Normally, undedicated lands within the District's boundaries will be held for future dedication to park or open space, or both, purposes, but only after the necessary planning, boundary adjustments, provision for permanent access and other changes in configuration, which may involve the disposal or exchange of interests in all or portions of such lands, have been completed." Dedications are usually made in December on the basis of the annual report. During the year, part of the use and management planning decisions the Board makes for specific parcels and preserves is whether to indicate by motion an intention to dedicate certain interests in land, such as fee title or open space or trail easements. Note that although a motion of intent to dedicate might be adopted when the Preliminary Use and Management Plan for a new acquisition is approved, this does not mean that the parcel would necessarily be dedicated the following December. That is because it is usually prudent to wait until the Comprehensive, or at least Interim, Use and Management Plan for the entire preserve is adopted or reviewed. Since it might benefit the program of the District at some future time to apply development density credits from dedicated District land to other lands, dedication of these credits is not now normallyincluded at the time of the annual dedications. The idea behind withholding g potential density credits from dedication, while dedicating the land itself for public open space purposes, is that these credits may represent an asset of the District which may be of Y Y substantial value in the future. The credits might be used for transfer to private property, potentially increasing the allowed development density on that property. This might be done in connection with a joint development application with the private party. In exchange, some of that property might be permanently preserved or the District might receive a cash payment which could be used for purchase of open space in another location. Joint development plans and transfer of development rights are, of course, subject to approval of the city or county in which the land lies. A further rationale is that the District, in asserting its potential right to 330 Distel Circle * Los Altos, Californii 94022-1404 * Phone: 415-691-1200 * FAX:415-691-0485 Board of Directors:E'ete Siemens,Robert McKibbin, Ieena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I R-93-131 Page 2 use these credits, may be able to counter proposals to increase allowed development densities that are based on the argument that the potential development which the District is precluding by buying open space can be put somewhere else in the hillsides. Since the District has, in effect, paid for this density we can argue that the District, if anyone, should benefit. During the previous legislative session in Sacramento the District sponsored changes to the District's enabling legislation that would state explicitly that potential density credits are not lost when land is dedicated. The bill passed the Assembly, but did not receive final action in the Senate before adjournment. This legislation was not reconsidered in the last session because of more pressing legislative issues. Status Summary: Table 1 gives a summary of the dedication status of District preserves and preserve subareas. Only those parcels for which transactions have closed and title has passed to the District on or before December 3, 1993 are included. The interest in land that the District holds, i.e., fee title, an easement, or lease, is listed for each area. Rights of first refusal and/or reversions to the District are not included. The District owns 35,757 acres of land rights, 33,337 acres in fee and 2,420 acres in lesser interests. The District added 714 acres of land rights to its holdings since November 10, 1992. Recommended Dedications: Rancho San Antonio Open Space Preserve. The Vidovich property, containing 280 acres, was acquired as a result of a settlement of an eminent domain action, and as such, the entire property was found to be necessary for "the project" by Board resolution. As a result, the property is already intended for dedication, and should be formally dedicated at this time. The Cunningham 1.3 acres was previously dedicated as fee title, but was exchanged to Glaubiger under a unanimous vote of the Board in accordance with the Public Resource Code requirements. The District retained an easement over the property, which should now be dedicated in order to be consistent. El Sereno Open Space Preserve. The District acquired a 27.88 acre portion of the former Azzarello property from the County of Santa Clara as a part of cooperative acquisition project. The agreement stipulates that the District dedicate the contiguous 25.4 acre area of the property. It is appropriate to dedicate this part of the property to complete the District's contractual obligation. Long Ridges Q= Space Preserve. Under the provisions of a cooperative acquisition project, the District held a conservation easement over a 182 acre property owned in fee by Sempervirens Fund. Under a modification to the original agreement, the District received fee title to this Pe Y ro rt . Since the easement was already dedicated and the District interests P Y merged, it is now appropriate to dedicate the fee title. I I R-93-131 Page 3 Edeewood County Park. This last year, the District accepted an offer from the County of San Mateo to amend the easement over Edgewood County Park to eliminate development of a golf course as a permitted use. The actual terms of the amended easement voided the previously dedicated easement and replaced it with the new, more restrictive easement. Therefore, so there is no question about the District's intention, the new replacement easement should be dedicated at this time. Dedications Not Currently Recommended: There are two parcels designated for eventual dedication for which the Use and Management Plans have been reviewed since acquisition. The first is the 10 acre former Struggle Mountain parcel on Page Mill Road and is not being recommended for dedication at this time since it is still an isolated parcel. The second is the 54 acre former Bullis property, now part of Skyline Ridge Open Space Preserve. The 12 acre leasehold interest in that parcel continues to be under foreclosure. It seems prudent to wait awhile, since a mutually beneficial boundary adjustment might be made with a new lessee of the developed area. umm : Of the 35,757 acre total of interests in land, 23,530 acres are dedicated (65.8%), and 12,227 acres are undedicated (34.2%). Upon adoption of the resolution dedicating 305 additional acres, 23,835 acres (66.7%) of these District rights in land would be dedicated. Of the undedicated lands, 64.4% are in the Sierra Azul Open Space Preserve. Prepared by: L. Craig Britton, Acting General Manager Contact person: Same as above File: Rim Date: Tabie i. DEDICATIdi STATi)S 5111UAiRY _ LANDSIS 01-Dec-93 Acres Acres Acres Acres Acres Acres Acres Acres Acres ; Acres Acres Acres Fee Easement Easement Easement Easement Fee, Ease— Fee, Ease-Fee, Ease- Fee, Ease- Fee Fee - Fee Dedicated 6 i Lease i Lease t Lease t Lease sent A Lease sent i Lease sent 3 Lease sent 6 Lease - Preserve Area Dedicated Undedicated Intended,, Undedicated Dedicated Undedicated Intended Ded. E Unded. Dedicated Undedicated Intended Ded. i Unded. v Briggs Creek 0 1 0 1 0 0 0 0 0 1 0 1 Coal Creek 386 107 107 493 0 0 0 0 386 107 107 493 Edgerood County Park .___ 0 0 0 0 468 . 0 . __.0 468 _� 0 0_ El Corte de Madera Creek 2788 0 0 2788 0 0 0 0 2788 0 0 2788 El Serena 985 126 25 1111 0 1 0 1 985 127 25 1112 -' Foothills 201 _10 —_--0 211 -- vp _.0 0 _— O_---_---- 201 -- t0 Fremont Older 735 0 0 735 0 4 0 4 735 4 0 739 La Honda Creek 47 1"5 55B 2043 0 0 0 0 47 1"5 558 _ 2043 Long Ridge 984 375 321 1358. U _-13 0__ _.13 , � 388 3E3� 1372~^ Los Trancos 274 0 0 274 0 0 0 0 274 0 0 274 Monte Bello 'Monte Bello' 2624 109 69 2733 0 25 25 25 2624 134 94 2758 Monte Bello Pieehetti Ranch - 398 0 0' 308_.-_--- --0 0___-_ __0 _ 0 �_ _ -0--- 0.__.- -- Monte Bello (All) (2931) (109) (69) (3041) (0) (25) (25) (25) (2931) (134) (94) (3066) Puigas Ridge 293 0 0 293 0 0 0 0 293 0 0 293 _ Purisisa Creek Redwoods 2543 80 77 2623 ~_ 0 _ io _ _-_0 10 2543 89 77 2633 Rancho San Antonio 1771 361 280 2133 1464 20 20 1484 3235 381 300 3617 Ravenswood 274 0 0 274 98 1 0 99 372 1 0 373 Russian Ridge 14" 81 32 1580 0 0 0 0 1491 81 32 15M Saratoga Gap 492 206 0 698 2 0 0 2 414 206 0 701 Sierra Azul Cathedral Oaks 163 1160 33 1323 0 9 0 9 163 1169 33 1332 Sierra Azul Kennedy Limekiln 2112 318 43 2431 68 5 5 73 2181 323 48 2504 Sierra Azul Mt. Usunhus 142 6146 52 6288 0 20 0 20 142 6166 52 6308 Sierra Azul 'Summit Road' 0 0 0 0 0 20 0 20 0 20 0 20 Sierra Anal (Ail) (2417) (7624) (127) (10041) (68) (54) (5) (122) (2466) (7678) (132) (10164) Skyline Ridge 1119 412 0 1531 81 0 0 81 1200 412 0 1612 Stevens Creek-Shoreline 54 4 0 54 1 0 0 1 55 0 0 55 St. Joseph's Hill 170 3 3 113 94 _ 0 0 94 264 3 3.__. 267 Teague Hill 0 624 0 624 0 0 0 0 0 624 0 624 Thornewood 67 40 0 127 5 10_ _ 0 15 92 50 0 141 Mindy Hill 1129 2 0 1131 0 1 0 1 1129 3 0 1132 All 21181 12157 1599 33337 2281 139 50 2420 23462 12295 1649 35757 Note: All entries rounded to nearest acre after summations. -_ RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEDICATING INTERESTS IN CERTAIN DISTRICT LANDS FOR PUBLIC OPEN SPACE PURPOSES The Board of Directors of the Midpeninsula. Regional Open Space District does hereby resolve as follows: Section 1. Pursuant to Resolution No. 86-6, the Board of Directors does hereby dedicate for public open space purposes (pursuant to Public Resources Code Section 5540) the interests in land held by the District shown herein, except for possible development rights which might be transferred to or for the benefit of other lands. INTERESTS IN LAND TO BE DEDICATED (EXCEPT FOR POTENTIAL DENSITY CREDITS) Board Approval Closing Property Preserve/Area Grantor D Date Acreage Interest Edgewood County Park County of 08/11/93 08/25/93 468.0 Easement San Mateo Rancho San Antonio Cunningham/ 03/24/93 05/05/93 1.3 Easement Glaubiger Long Ridge Sempervirens 04/21/91 04/06/93 182.0 Fee Fund El Sereno County of 06/24/92 01/25/93 25.4 Fee Santa Clara Rancho San Antonio Vidovich 06/12/91 01/05/93 280.0 Fee Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-132 Meeting 93-25 December 15, 1993 AGENDA ITEM Proposed Addition-of Vidovich Property to Rancho San Antonio Open/Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATIONS , 1. Approve the expenditure of$206,250 to acquire the Vidovich property, plus up to $3,000 for miscellaneous costs including escrow and title insurance fees. r 2. Tentatively adopt the Preliminary Use and Management Plan recommendations , contained in this report, including naming the Vidovich property an addition to the Rancho San Antonio Open Space Preserve. 3. Indicate your intention to dedicate the property as public open space. BACKGROUND - TERMS At your meeting of October 10, 1991 you approved the acquisition of a 280=acre portion of the former Vidovich property (see report R-91-118, dated October 3, 1991). As a part of that agreement, the District contracted to purchase a 3.486 acre property adjoining the extension of Ravensbury Avenue in the Permanente Creek watershed. Section 14 of that Agreement included the following provisions, which determined the process for this acquisition: Bargain Sale of Adjoining Lands. Vidovich agrees to sell to District and District agrees to buy from Vidovich, the adjoining 3.486 acre parcel commonly known as Santa Clara County Assessor's Parcel No. 351-08-26, on the following basis: (a) The closing date shall be anytime after January 1, 1993 but prior to January 1, 1994, at the election of the District. (b) The purchase price shall be 75% of the appraised value as adjusted. (c) District and Rex Lindsay, on behalf of Vidovich, shall mutually agree on an appraiser acceptable to them. If they shall not agree, then they shall each submit a list of 3 names to the Presiding Judge in Santa Clara County and the Judge's selection shall be final. The appraiser must have extensive experience in appraising property in Santa Clara County. The parties agree that the appraiser who is best qualified by experience, reputation and 330 Distel Circle + Los Altos, California 94022-1404 # Phone: 415-691-1200 + FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert M(Kibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i R-93-132 Page 2 familiarity should be chosen as the appraiser. (d) The appraiser shall assume that the property has the necessary easements for access and utilities. (e) In lieu of said appraisal, Mr. Lindsay and the District can negotiate a price which shall be binding on Vidovich. (f) The appraisal date shall be mutually agreed upon, and shall be adjusted by an amount equal to seven and one-half percent per annum (7.5%) from the date of appraisal to the closing of the transaction. Since staff was not able to negotiate a price for the property without securing an appraisal, Robert C. Reese, MAI was hired to complete the valuation process. He was the most knowledgeable and qualified person to provide an appraisal analysis. His final valuation was received by the parties, reviewed, and approved this week. Based upon his opinion of value of$275,000, the bargain purchase price for the District would be $206,250. Since you have already approved the acquisition and process, it is now necessary that you review the use and management information contained in this report and approve the expenditure to complete the acquisition prior to December 31, 1993, as required. DESCRIPTION(see attached maM The property being considered for acquisition is located close to Los Altos Hills near the end of Ravensbury Avenue. The parcel is above Permanente Creek on a steep and rugged slope. It is bounded by Rancho San Antonio Open Space Preserve to the south, west, and east, and private property to the north. The parcel provides an overview of Rogue Valley and forms a significant part of the viewshed as seen from Rogue Valley, High Meadow, and Wildcat Loop trails. The elongated parcel parallels Rogue Valley on the steep south-facing slope. The property rises sharply from the valley floor upward to a graded bench where an unimproved driveway passes through the parcel in the east-west direction. This upper landscape is dominated by mixed chaparral and coastal scrub, changing to oak forest near the bottom of the slope. There is an abundance of wildlife in the area, particularly deer, coyote, and bobcat. The private roadway originates at the end of Ravensbury Avenue and provides patrol and trail access to roads and trails on the preserve. There is currently no residential development along the road. It passes through two remaining private parcels within a 60 foot easement that benefits the District and adjacent property owners. The acquisition will provide fee title to approximately 700 feet of this private roadway which, together with the portion already owned by the District, represents approximately 3/4 of the total length of the road. f R-93-132 Page 3 USE AND MANAGEMENT PLAN Planning Considerations The property is in unincorporated Santa Clara County within the sphere of influence of the Town of Los Altos Hills. It is zoned RHS (Residential Hillside) and is developable with a density of one single residence. Ravensbury Avenue is a County maintained road up to the roadway that passes trough the property. The parcel is rated in the District's Open Space Master Plan as having low to moderate composite open space values and is important in terms of enhancing access to the preserve and protecting the integrity of existing public trails and riparian corridor. Preliminary Use and Management Plan Recommendations Dedication: Intention to dedicate the property as public open space. Name: Name the property as an addition to Rancho San Antonio Open Space Preserve. Signs: Install private property and preserve boundary signs where appropriate. Public Safety Review: There are no known hazards. Prepared by: Del Woods, Senior Open Space Planner L. Craig Britton, Acting General Manager Contact person: L. Craig Britton, Acting General Manager �r�r�r�-�r.��IIq.I� Y�EaL(9��"�"1�AG4�DISTRICT ., Rancho San Antonio. Open Space . Preserve f RHOS RIDGE s ` . //�. Ott '�.�'�`��h''� V f. '`-• �6 �, ` r `r f '":\. • ROAD . `- ;SG r ��...^-_-•� � / 3Z f ��%*`i`//"•'+ • . �� ��i ,•l _. ? _ i flp_ _ L�L .r � q x41c «. Z RANCHO SAN ANTONIO OPEN SPACE PRESERVE' ,_j:�.� . ,•t BICYCLES ALLOWED ONLY ON ROAD INTO s •• ' DUVENECK WINDMILL PASTURE AREA .�\-� �� /; ;r DEER HOLLOW FARM OR ON BIKE TRAILS • � ! IN RANCHO SAN ANTONIO C t f ! Q OUNTY R \ ,\ .....-,.. 1 •, �1`�/ fJ.l,,.r;, `� • ss� /! 4--b � r, gyp. nt 0.7 PROPOSED ADDITION -I/`' ,� ' RANCHO SAN ANTONIO --. ► [VIDOVICH PROPERTY) � f' a„ / COUNTY PARK 0.5 .W ROGUE VALLEY PERMIT•1 �, ✓ 0.3 mtna r' MEADOW RIDGE 1U ` 0.4 0. i000 0.3 - ���� ����0.3, -- � DEER HOLLOW_ 1 _ r , FARM 1 �M r � _RANGER OFFICE t NOTE: FRAIL DISTANCE IN MILES k _ ? - Dec 1993 - i, ���.,. ��.,�.�- ��.�./ `�ice, '.1��.:i!. ire ry. ..,,l ,� •�,�;;_ ._ -� ` 1 �a�y `y �t` �- `H Private Properties Ravensbury Avenue I ( \ Road Easement Privat Driveway \ 1111111p- Proposed Addition RANCHO SAN ANTONIO OPEN SPACE PRESERVE ... .. Rogue Valley Trail Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-134 Meeting 93-25 December 15, 1993 AGENDA ITEM Caretaker Agreement - Rhus Ridge Road, Rancho San Antonio Opengpdee,,Preserve ACTING GENERAL MANAGER'S RECOMMENDATION Approve the attached caretaker lease agreement and authorize the acting general manager to execute the lease agreement on behalf of the District. DISCUSSION In 1977, the District entered into an agreement with the Trust for Hidden Villa to provide supplemental patrol services for the 430-acre Windmill Pasture Area of Rancho San Antonio Open Space Preserve. This property was a gift to the District from Frank and Josephine Duveneck. As an employee of the Trust for Hidden Villa, Raye Girouard performed approximately 50 hours a month of supplemental patrol. Mr. Girouard lived in a mobile home on an adjoining 18.7-acre parcel owned by the Duveneck family. This arrangement continued until 1986, when the District entered into an agreement directly with Mr. Girouard for supplemental patrol services. In 1987, the District purchased the 18.7-acre property where the mobile home is located. The supplemental patrol contract negotiated in 1986 has not been formally renewed. However, by mutual consent, the conditions contained in the 1986 agreement were informally extended through 1992. In response to recent budget restrictions, staff reduced Mr. Girouard's patrol hours on May 1, 1993 to balance the value of his patrol services with the estimated value of the mobile home site. The current Use and Management Plan supports the continuation of a Rhus Ridge caretaker residence (see report R-89-151 dated November 1, 1989), while recognizing the need to investigate a more appropriate location for the trailer. On April 14, 1992, the District received a formal request from Raye Girouard and his wife, Susan Cretekos to replace the existing mobile home with a significantly larger one. The request was eP g g Y g � submitted with a petition of support signed by eighteen Rhus Ridge Road and Bassett Lane neighbors. The potential replacement of the existing mobile home created a timely opportunity to explore the possibilities of relocating the residence, as well as to negotiate a new caretaker agreement. Staff formulated an initial list of parameters that should be met to replace the existing mobile home. Staff also explored other potential sites in the immediate area. The list of conditions was subsequently modified, based on the results of the site review, conditions placed on the project 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:Fete Siemens,Robert M(Kibbin,Teena Henshaw,Ginny Babbitt,Nonette IIanko,Betsy Crowder,Wim de Wit R-93-134 Page 2 by the Town of Los Altos Hills, and the interests of Mr. Girouard, Ms. Cretekos, and the neighbors. The conditions agreed upon are listed below. 1. Caretaker pays all costs associated with the replacement of the existing mobile home. 2. Caretaker obtains all permits and approvals required by the Town of Los Altos Hills to replace the mobile home at the existing site. 3. At no cost to District, caretaker agrees to install a fence around the front of the mobile home to contain the family dog. 4. Caretaker agrees to the conditions of the new ten-year caretaker lease agreement attached to this report. Staff has negotiated the attached agreement with Raye Girouard and Susan Cretekos. Dan and Liz Dana, the original owners of the existing mobile home, and Board Director McKibbin played an active role in resolving some critical issues. The agreement provides for twenty hours of supplemental patrol services and other associated caretaker responsibilities in exchange for the use of the mobile home site as a residence for a ten-year term. Given the District's long history with Raye and Susan, staff is satisfied that this agreement is in the best interest of the District. Pre pared by: John Escobar, Operations Manager Contact person: Same as above RESIDENTIAL LEASE AGREEMENT I This Agreement is entered into on this day of December, 1993 between Midpeninsula Regional Open Space District, a public district ("District"), and Raye Girouard and Susan Cretekos, ("Lessee"). RECITALS A. District is the owner of that certain real property consisting of approximately 18 acres, where Lessee's mobile home with utilities is located at 11924 Rhus Ridge Road, Los Altos Hills, 94022, County of Santa Clara, State of California. B. District desires to lease to Lessee, and Lessee leases from District, the mobile home site, 40 feet by 200 feet, depicted in Exhibit "A" (premises). In consideration of the following mutual covenants and conditions, the parties agree as follows: 1. Lease of Premises. District hereby leases the premises to Lessee, and Lessee hereby hires the premises from District, for the term, and upon the other covenants and conditions in this Agreement. 2. Term. A. The term of this Agreement shall begin on January 1, 1994 and shall continue for ten years, ending December 31, 2003. B. Lessee may terminate occupancy upon giving 30 days written notice to District. 3. Lessee's Responsibilities. A. Lessee shall perform maintenance on the premises with prior approval by District's area superintendent. B. Lessee shall have a working telephone, and provide District with the number. C. Less ee and all other occupants shall be helpful and courteous in P p all contacts with visitors, neighbors, tenants, agents, lessees, officials, and employees of the District. D. Lessee shall provide an averse of twenty hours a month trail patrol services g Y E. Lessee shall keep a written log of patrol activity and mail it to the District by the fifth of each month. F. Lessee shall keep the vehicle gate east of the premises closed at all times. Girouard Lease Agreement Page 2 4. Emergency Services. A. Lessee shall be available, upon request, to provide assistance at late or irregular hours in the case of fires, accidents, natural disasters, or other emergencies. B. Lessee shall provide, upon request, assistance to other public agencies in emergencies such as lost persons, rescues, and evacuations. Such assistance should have prior approval of a District employee. C. Lessee shall protect and repair District property, if any, such as water and gas lines, fixtures in restrooms, pumps, electrical systems, and roadways, that require emergency repair. 5. Taxes. A. Lessee shall pay all possessory interest taxes levied on Lessee's possessory interests defined in California Revenue and Taxation Code §107, as amended from time to time, or any successor to such statute. Lessee shall pay any such possessory tax when due. Date: Lessee: Raye Girouard Date: Lessee: Susan Cretekos B. Lessee shall be solely responsible and shall indemnify and hold District harmless for all state and federal taxes and penalties that may result by reason of Lessee's use of the premises. 6. Use. A. Lessee understands that it is District's intention to preserve the open space character of the land upon which the premises are located, and Lessee agrees to use the premises in a manner which is consistent with such intent. The premises may be used as a personal residence for the following named immediate family members and dependents only: Jeremiah and Shawn Girouard , and for no other purpose without District's prior consent. Occupancy by guests staying more than fourteen (14) days without the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Paragraph 16 below. B. Lessee may place one mobile home on the premises, which shall not exceed an outside dimension of 20 feet by 48 feet. C. Lessee shall not do, or permit anything to be done, in or about the premises nor bring nor keep anything therein that will in any way cause a cancellation of any insurance policy coveringthe premises i s s n whole or in art or its contents. P ,P Girouard Lease Agreement Page 3 D. Lessee shall not commit, or allow to be committed, any nuisance or waste in or upon the premises, and shall not permit trash or garbage of any kind to accumulate on or about the premises. E. Lessee specifically agrees not to cause or permit any cutting of live trees, grading of soil, or hunting of animals of the premises. F. Lessee shall not use the premises or permit anything to be done in or about the premises that will in any way conflict with any law, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District's "Regulations for Use of Midpeninsula Regional Open Space District Lands," (attached copy) and any amendments thereto, which may now be in force or which may hereafter be declared, and Lessee sh all all at 1 al times during the term of th is s Agreement comply with each . g g p y of the same. 7. Pets and Livestock. No pets or other animals shall be permitted in or on the premises without the prior wri tten tten consent of the rations Manager, which consent may be '� withdraw n if such g Y animal causes complaints, s endangers resery Ppreserve visitors, creates nuisance, or causes damage in the reasonable opinion of Operations Manager. Such animals shall be Lessee's pet(s) and livestock on ly, an d shall not be used for economic gain. All Y g ordinances pertaining to pets and livestock within the preserve shall apply to Lessee's pet(s) and livestock. All pets and livestock shall be confined to fenced enclosures. All fenced enclosures require prior District approval. Pets and livestock shall not be construed as beingat the premises s for the benefit of P District. As of the signing of this agreement, Lessee has the following pet(s) and livestock, which are approved one dog and two horses . Permission to keep two horses on the remises is limited to the horses orses owned by the lessee as of the signing of this agreement. 8. Utilities. Lessee shall pay directly to the charging authority, on or before the date due, all charges for any and all services and utilities supplied to the premises. Lessee hereby acknowledges the following special conditions: _Lessee pays the cost of all utilities including water and arbage service Date: Lessee: RaYe Girouard I Date: Lessee: Susan Gretekos 9. Maintenance and Repair. A. Prior to Lessee's acceptance of this agreement, Lessee and District shall together walk through the premises and note on a written list any and all conditions that require modification or repair. Lessee shall, within a reasonable period of time after completion of said list, repair such defective items at Lessee's sole cost. i Girouard Lease Agreement Page 4 B. Subject to the provisions below, Lessee shall, at Lessee's expense, maintain the entire premises, personal property, and any landscaping surrounding the premises in good, safe, and sanitary condition, order, and repair. Lessee shall at all times during the term of this Agreement maint ain tam a fire break at least thirty (30) feet wide, surrounding the perimeter of the structures comprising the premises, which shall be free of a low-lying brush, dry weeds, and similar flammable materials. Lessee shall maintain fire break in compliance with District standards. Except as set forth in Paragraph 9(A), District shall have no duty whatsoever to maintain or repair all or any portion of the premises, or the personal property, or any personal belongings or leasehold improvements of Lessee. 10. Insurance. Lessee, at Lessee's sole expense, shall obtain and keep in force during the term of this Agreement a general liability insurance policy with an insurance company satisfactory to District. Such insurance h s all protect District and Lessee against any and all liability arising from Lessee's use of the premises, or from any occurrence, in, on, about, or related to the premises, with a single combined property damage and personal injury limit of$300,000. All such public liability insurance shall insure performance by Lessee of the indemnification obligations of Lessee set forth in Paragraph 14, and the policy shall contain a cross-liability endorsement. Lessee agrees to furnish a certificate of such insurance to District, naming District as an additional insured, on or before the date of commencement of the rental term, and again upon any renewal or modification of such ins urance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Lessee hereunder. 11. Alterations. Lessee shall not make or allow to be made any alterations, additions, or improvements to or on the premises or any part thereof, without the prior written consent of District. All such alterations, additions, and improvements shall become and remain the property of District immediately upon installation or construction on the premises unless Lessee and District shall otherwise agree in writing. 12. Liens. Lessee shall keep the premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 13. Waiver of Claims. District shall not be liable to Lessee, and Lessee hereby Y waives an claims against District for any damage to property or injury, or death to any person in, on, or about the premises by or from any cause whatsoever. 14. Indemnification. Lessee hereby holds District harmless from and shall defend District from and against any and all claims of liability for damage to property, or injury or death to any person when such damage, injury or death shall be caused in part or in whole by the use of the premises by Lessee or Lessee's guests or contractors, or from the Lessee's failure to keep the premises in good condition and repair, or from the Lessee's breach of any other provision of this Agreement. 15. Assignment and Subletting. Lessee shall not assign this Agreement or sublet the premises or any interest therein without the prior written consent of District. Girouard Lease Agreement Page 5 16. Damage or Destruction. If the premises are damaged or destroyed in part or whole, then District shall be entitled to elect, by written notice to Lessee, as soon as reasonably possible after Lessee notifies District of said damage, to terminate this Agreement, after which neither party shall have any further liability or obligation to the other under this Agreement, except for liabilities or obligations that accrued before such election to terminate. Lessee shall not be entitled to any damages or other compensation from District for any loss of quiet enjoyment or for any other reason arising from damage or destruction. District shall in no event be required to repair or replace any personal property installed or maintained by Lessee in or about the premises, and Lessee hereby releases District from any responsibility for Lessee's personal property, furnishings or household goods. 17. Right of Entry. District may enter the lease area in case of emergency. District may enter the lease area at reasonable times to make necessary repairs, and/or to supply services. Twenty- four (24) hours prior notice of such entry shall be presumed to be reasonable notice in absence of evidence to the contra ry. 18. Default by Lessee. A. The occurrence of any of the following shall constitute a material default and breach of the Agreement by Lessee: 1. The abandonment of the premises,by Lessee; or I 2. A failure by Lessee to observe and perform any provision of this Agreement to be observed or performed by Lessee. B. If Lessee defaults, then in addition to any other remedies available to District this Agreement and all rights of Lessee hereunder shall be terminated when District delivers notice of such termination to Lessee. Upon such termination, District may recover from Lessee all amounts necessary to compensate District for all the detriment proximately caused by Lessee's failure to perform Lessee's obligations under this Agreement, or which in the ordinary course of things would be likely to result therefrom. C. In addition to the remedies provided above, if Lessee fails to perform any obligation under this Agreement, District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid. In this case, Lessee shall promptly reimburse District for all costs reasonably incurred, plus interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid in full by Lessee. 19. Surrender; No Relocation Rights. On or before the termination of the occupancy rights provided under this Agreement, Lessee shall surrender and vacate the premises and remove all persons and personal property from the premises. Lessee shall leave the premises in the condition that existed at the beginning of the term of this Agreement, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Lessee. Lessee, on behalf of self, and his or her immediate family, hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Lessee and those claiming through Lessee might otherwise be entitled pursuant to California Government Code Section 7260 et seq., and any similar or successor statues. Girouard Lease Agreement Page 6 Lessee shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By this signature below, Lessee specifically recognizes and accepts the terms of Paragraph 19 of this Residential Lease Agreement. Date: Lessee: Raye Girouard Date: Lessee: Susan Cretekos 20. Notices. All notices, demands, requests, or consents (collectively "notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: Operations Manager (415) 691-1200 Lessee: Mr. Raye Girouard and Ms. Susan Cretekos 11924 Rhus Ridge Road, Los Altos Hills, CA 94022 (415) 941-4239 Notices given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five (5) days after the .posted date of mailing. g 21. Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or an Y other term, covenant, or condition herein contained. 22. Attorneys' Fees. In an action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees as fixed by the court having jurisdiction. 23. General. A. This Agreement contains all of the terms, covenants, and conditions agreed to by District and Lessee and supersedes any and all agreements previously made between Lessee and District. This Agreement may not be modified orally or in any manner other than in writing and signed by both of the parties to this Agreement or their respective successors in interest. Girouard Lease Agreement Page 7 i B. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of these provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. C. The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. D. This Agreement shall be governed and construed in accordance with the laws of the State of California. E. Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. In witness to this, District and Lessee have executed this Agreement the day and year first above written. "DISTRICT" "LESSEE" M IDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District By B Y L. Craig Britton, Acting General Manager Raye Girouard Date By Susan Cretekos Date p i EXHIBIT A Ro�o �E yd 5nu4� C r- Na, �G I OTie Go i212D�L � � 9 Ica C r--) ozAL- �A-7C-, rt2o o��-r� �I"j� �� �arL Go.fz�"(Ak�I2�� I2��1►��c� w e � Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-93-135 Meeting 93-25 December 15, 1993 AGENDA ITEM Reconveyance of Deed of Trust - Former Phleger Property ACTING GENERAL MANAGER'S RECOMMENDATION Authorize the President to execute the request for reconveyance of Deed of Trust to facilitate close of escrow for federal purchase of the former Phleger property from Peninsula Open Space Trust. BACKGROUND At your meeting of November 17, 1993 (see report R-93-126), you approved an advance payment of $3,000,000 toward the District's pledge of $6,000,000 as a part of the proposed addition to the Golden Gate National Recreation Area. Peninsula Open Space Trust (POST) has now advised District staff that the appraisal of the property has been completed and the federal government hopes to close escrow prior to December 24, 1993. The approved appraised value for the remaining property (excluding the main residence) is $22.5 million, with the 1993 phase one purchase at $11.75 million. The phase two purchase at $10.75 million would hopefully occur in late 1994 after federal budget appropriation. At the time you approved this advance of funds, it was anticipated that the federal acquisition process could take several months, so this news is a very pleasant surprise for POST! Since this is your last meeting of the year, it is necessary to forgive formally the $3,000,000 "loan" so escrow can close expeditiously. If escrow does not close for any reason, District staff will coordinate formal forgiveness of the loan with the actual date of completion of the purchase transaction. Prepared by: L. Craig Britton, Acting General Manager Contact person: Same as above 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 Open Space R-93-136 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-25 December 15, 1993 AGENDA ITEM Scheduling of January 22 Workshop ACTING GENERAL MANAGER'S RECOMMENDATION Schedule a workshop special meeting to discuss the District's goals and objectives for Saturday, January 22, 1994 from 8:30 A.M. to noon. Prepared by: Jean H. Fiddes, Administrative Services Manager Contact person: L. CraigBritton Actin General Manager � g g 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 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: December 10, 1993 SUBJECT: FYI uEc ® � ��� CITY OF SUNNYVALE The Heart of Silicon Valley 456 WEST OLIVE AVENUE SUNNYVALE, CALIFORNIA 94086 (408) 730-7470 December 7, 1993 Frances Rowe Mayor Robin N. Parker L. Craig Britton Vice Mayor Acting General Manager Midpeninsula Regional Open Space District Stan J. Kawczynski 330 Distel Circle Councilmember Los Altos, CA 94022-1404 Richard Napier Councilmember Dear Mr. Britton: Landon Curt Noll Thank you for your letter requesting the City conduct a study regarding Councilmember the proposed Stevens Creek trail. This item Is on the list of issues for consideration and ranking by the Sunnyvale City Council at its annual Jim Roberts Legislative issues workshop on December 16. At that meeting, we wiii Councilmember establish a list of priorities for the coming year, contingent on Council interest and available resources. Barbara Waldman Councilmember I appreciate your specific interest regarding the Stevens Creek trai!; we have already received extensive interest form our citizens regarding this issue. If the City Council includes this on its list for further study in 1994, 1 would expect that the District, among many other groups, would be involved during our review. Sincerely, Frances Rowe Mayor FR:dv FOR DEAF ACCESS CALL TDD1F­l`Y(408) 730-7501 FAX (408) 730-7699 Printed on Recycled Paper Open Space t I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 9, 1993 Mr. Patrick Sanchez, Director San Mateo County Parks and Recreation 590 Hamilton Street Redwood City, CA 94063 Dear Mr. Sanchez: Thank you for the opportunity to provide you with a briefing on the Midpeninsula Regional Open Space District. As you confirmed by phone, this briefing is scheduled for Tuesday, December 21 at 4:00 p.m. here at the District offices, and should last from one to one- and-a-half hours. Light refreshment's will be served. As part of this briefing, we will be happy to host one or,more of the San Mateo County Parks Commissioners that you have invited. If possible, please contact Malcolm Smith at our office to confirm the exact number of County representatives who will be attending. We will be joined by Betsy Crowder, President of the District's Board of Directors. I look forward to meeting you and presenting an overview of our activities, and to discussing any issues of mutual interest. Sincerel L. Craig Britton Acting General Manager LCB/mcs cc: Board of Directors, MROSD i 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin, Ieena Henshaw,Ginny Babbitt,Nonelte Hanko,Betsy Crowder,Wim de Wit Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 9, 1993 Mr. B Solowa �'Y Y 19 Farm Road Los Altos, CA 94024 Dear Mr. Solowa : Y r r kind letter to Operations Manager John Escobar, and for our Thank you for your , Y Y P g Y donation to the Midpeninsula Regional Open Space District. Your commitment to open space preservation and the District's programs is very much appreciated! I'm pleased that Rangers Lausten and Carlson were able to provide assistance when you found that you were overexerted. We take great pride in our professional and extremely capable field staff, and this occurrence illustrates that they live up to that standard. I'll be sure to pass along your appreciation to both those rangers. Your donation will be put to good use and will help to protect open space, wildlife and natural habitats, and to enhance the positive experience of all visitors to the District's public open space lands. Again, thank you for your letter and your contribution to help preserve open space in the midpeninsula area. Si , L. Craig Britton Acting General Manager LCB/mcs cc: John Escobar Annette Coleman Tom Lauston Kerry Carlson it 330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert M(Kibbin, leena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit DEC o 7 December 6, 1993 John Escobar, operations Manager Midpeninsula Regional open space District 330 Distel Circle Los Altos, CA 94022 Dear Mr. Escobar, I am writing this letter to acknowledge the prompt, courteous and sensitive help provided by Ranger Tom Lausten on Saturday, December 4th. That morning, my wife and I were walking in Rancho San Antonio and I almost passed out due to overexertion. My wife called for help and Ranger Lausten and his partner were on the scene literally within a minute or two. Fortunately my condition quickly resolved itself and Ranger Lausten drove us back to the parking area. Ranger Lausten is a fine individual and should be commended for his actions. Additionally, I would like to make a contribution to the Open Space District (attached) to help further its efforts. I would appreciate being placed on the mailing list for special walks and hikes. Sincerely, �IS D S e e- ...the salzat05a cl-f it s need tZotectcon! Michael Parsons the Saratoga City Council to voice Santa Clara County Legislative Advocate their opposition fo the expansion. N June 1993 the Saratoga City conference center) and twenty-five Address your letters to: Council began considering an cents for every ticket sold at the Saratoga City Council expansion of its Sphere of Mountain Winery Summer Concert 13777 Fruitvale Avenue Influence (SOI). A SOI is a Series. For a city like Saratoga with Saratoga, CA 95070 long range plan (20-25 years) which a small budget, such incentives are FROM THE PRESIDENT indicates the possible ultimate enticing. continued from page 2 physical boundaries and service area Fortunately for open space It has been a creative tension between Palo Alto and the Committee of a city. The Saratoga expansion advocates, Mr. Collishaw has failed for Green Foothills. The ambition to would include approximately 5,000 to make payments on the Mountain expand and flourish through human acres, almost doubling the size of Winer property making bank efforts has been moderated by the Y P P Y g high concentration of environmental the current SOI. foreclosure imminent. Certain activists who could look beyond the short-term value of a new mall or Why does the Council want to 1 members of the Council, however, housing project to see"the poverty of expand the SOI? The Council remain interested in SOI expansion. affluence."* P P argues that expansion gives the City Even without Collishaw's develop- Today,in 1993,CGF is following � closely Stanford's new effort to extend control over the property to protect ! ment, CGF opposes SOI expansion Sand Hill Road to run beside San and preserve the land. on these grounds: Francisquito Creek to El Camino Real, while filling a field with a housing However, we came to doubt the •We are concerned that these project and expanding the Stanford Council's motives when we learned changes will result in the extension Shopping Center. Among the trade- , i C offs Palo Alto has to weigh is this: are that developer Ray Collishaw had of urban service limits which facili- the possible short-term financial applied to the city for permission to tate development. benefits worth condemning one of its further developthe Paul Masson •SOI expansion tends to drive u last remaining natural creeks? � P P Palo Alto is a magnificent city,in Mountain Winery - which is located land value, thereby inhibiting the large part because of the visionary members of Committee for Green in the proposed expanded SOI. His purchase of the property by an open Foothills who so clearly saw that no proposed development,"Mountain space trust. city can succeed if it is permitted to Winery," would include 43 new •Present County control over the sprawl too far. As Wallace Stegner put it:"Development when uncon- homes, a 150-room hotel, a confer- property is adequate to protect the trolled and too dense is about as ence center and wedding chapel, land. attractive as ringworm." Please join me in wishing a happy along with an extended 2,000-seat The Saratoga foothills need 100th birthday to an attractive city concert bowl. As incentives, Mr. protection! CGF members, whether whose tendencies toward.expansion we still watch closely. a Collishaw agreed to give Saratoga Saratoga residents or not, are encOur- *This is the title of a book by Paul Wachtel, 350 acres of open space (below the aged to write the Saratoga News or published in 1989,which argues that the modern assumption that we must.continually grow actually undermines quality of life. 4 nch an 41 titi4 I _ ISTORIC ''-' "` `'' A� �` The developer's Mariani original proposal to Ranch in .'�+ , ,• y '" build forty 6300-6700 Portola ". square foot houses Valley is threat- and twenty below ened by a , � market rate units was developer's recently reduced to proposal to build thirty-two large large luxury houses and eight houses in the rugged foothills of affordable units, in response to a flood southern San of criticisms at public Mateo County. a:4 AI.SUI' .' _. e,.;.:; This beautiful 264 acre parcel is an hearings last May. essential greenbelt link and wildlife A Portola Valley Gem The Committee to Save the corridor between Palo Alto's Foothill Mariani Ranch,formed to protect the Worth Savingl ranch from development,believes the Park,Portola Valley Ranch open p space and Windy Hill Open Space modified plan fails to address the Preserve. Many area residents have The integrity of the fundamental problems of allowing used this land as de facto open space development in this highly fire, for years. earthquake and landslide prone area The Mariani Ranch was origi- entire Mariani Ranch as well as impacts to Los Trancos nally part of the Corte Madera Creek and blockage of its historic Rancho owned by Maximo Martinez as a wildlife corridor wildlife migration corridor. in 1834. It contains a portion of the The Portola Valley Planning old Spanish Trail on Coal Mine Commission will be holding public Ridge. The Ohlone Indians also and greenbelt link between used this trail as they travelled hearings on the revised project and a between the coast and inland val- second draft of the Environmental leY s. Foothill Park in Palo Alto Impact Report in January, 1994. For This critical open space is habitat more information,write or call Com- for a rich variety of plant communi- and other open space mittee to Save the Mariani Ranch, 103 ties and is a haven for many birds El Nido,Portola Valley,94028. The and animals increasingly crowded telephone number is (415)851-8375. by urban development. Foxes, areas is threatened by this bobcats,coyotes and mountain lions Note: CGF has been working are a few examples of the abundant proposed development. with the Committee to Save the wildlife that thrives here. Mariani Ranch and other con- Two main traces and numerous cerned residents and groups to subtraces of the San Andreas Fault devise strategies to permanently Annaloy Nickum bisect the property. A trace of the Committee to Save the Mariani Ranch preserve this vital open space. 1906 earthquake's break on the fault is still visible. 7 CLairr D. 93-21 Meetiny 93-25 Date: Dec. 15, 1993 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ------------------------------------------------------------------------------------------------ 5095 100.00 Acme & Sons Sanitation, Inc. Sanitation Services 5096 140.40 Bay Microfilm, Inc. Equipment Supplies 5097 6,363.65 Louis Bordi Road Grading 5098 205.77 California Water Service Company Water Service 5099 172.23 CLark's Auto Parts/Machine Shop Vehicle Parts and Repairs 5100 100.00 Coastside Pro-Flame Propane Fuel 5101 70.00 Edward Corekin Enterprise Repairs 5102 201.78 Alice Cummings Private Vehicle 5103 35.98 DFM Associates Resource Documents 5104 90.93 Katherine Duffy Reimbursement--Five Year Awards 5105 2,447.79 First American Title Insurance Title Insurance Company 5106 1,514.42 Fry's Electronics Office Equipment 5107 112.00 G & K Farms of California Straw 5108 246.51 Goodco Press Printing 5109 15.44 Herbert Grench Reimbursement--Telephone 5110 2,437.17 J. Thomas Jakaby, Civil Engineer Enagineering Services 5111 47.03 Judy Law Private Vehicle 5112 264.00 * Tony Lem Crane Service, Inc. Equipment Rental 5113 204.00 ** Los Gatos Weekly Times Advertisement 5114 564.50 Mailing List Resources Mailing List 5115 223.00 McGrath RentCorp Temporary Office Rental 5116 213.60 Minton's Lumber & Supply Field Supplies 5117 17.32 Moffett Supply Company Office Supplies 5118 2,412.14 ** National Mailing Srvices, Inc. Postage 5119 400.00 National Spring Company, Inc. Vehicle Maintenance 5120 33.09 Noble Ford Tractor, Inc. Tractor Parts 5121 58.01 Northern Energy Propane Fuel 5122 169.22 Pacific BeLL Telephone Service 5123 713.36 Quick Silver Printing Printing 5124 46.60 Rancho Hardware Field Supplies 5125 32.50 Rayne of San Jose Water Service 5126 1,568.48 Rich's Tire Service Tires 5127 3,251.72 Roy's Repair Service Vehicle Maintenance and Repairs 5128 77.00 S & W Equipment Company Equipment Repair 5129 94.18 Safety KLeen Corporation Solvent Tank Service 5130 26,820.00 Sevan Construction, Inc. Rancho Ranger Office Construction 5131 578.76 John Shelton, Inc. Culverts 5132 1,000.00 George SipeL Associates Personnel Consulting Services 33 676.26 The Stove Works Stove Pipe--Enterprise III 51 5134 68.00 Sunnyvale Electric Electrical Maintenance--Office 5135 449.00 Therma Water Pump Replacement--DisteL 5136 2,575.07 Tomlinson, Zisko, MorosoLi & Maser LegaL Services 5137 1,225.40 Valley OiL Company Fuel 5138 270.00 Valley Title Company Preliminary Title Search 5139 24.96 Value Business Products Office Supplies 5140 395.00 WGRA Workshops Registration--M. Smith 5141 94.23 WMI Services: Port-O-Let Sanitation Services 5142 9.60 Woodside Union 76 Tire Repair 5143 197.45 Yerba Buena Nursery Plants for DisteL Entrance * Urgent checks issued on December 10, 1993. **Urgent checks issued on December 9, 1993. Cimimo No. 93-21 Mee 93-25 Uat ec. 15, 1993 � REVISED � � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description '_-___-_________--____-_______-______________-__-_____--__--_______---__--_-_____--_____-___ 5U95 100.00 Acme & Sons Sanitation, Inc. Sanitation Services � 5098| 140.40 8�y Miorofiim, Inc. Equipment SuppL1em^ Road Grading 5097 6,363.65 Louis 8ordi o� ra ng 5098 205.77 CmLifornio Water Service Company Water Service 5099 172.23 Cierk'a Auto Parts/Machine Shop VehicLe Parts and Repairs 5100 100.00 Comstmfde Pro-FLome Propane FueL 5101 70.00 Edward Corek1n Enterprise Repairs | 5102 201.78 ALice Cummings Private Vehicie 5103 35.98 DFM Associates Resource Documents 5104 90.93 Katherine Duffy Reimbursement--Five Year Awards 5105 2,447.79 First American Titie Insurance Titie Insurance Company 5106 1,514.42 Fry/n ELectroniom Office Equipment 5107 112.00 G & K Farms of CaLifnrnia Straw 5108 246'51 Goodco Press Printing 5109 15.44 Herbert Grench Reimbursement--Tciephone ^ 5110 2'437.17 J. Thomas Jokoby' Civii Engineer Engineering Services 5111 47.03 Judy Law Private Vehicie 5112 284.00 * Tony Lem Crane Service, Inc. Equipment RentaL 5113 204.00 ** Low Gatos Weekiy Times Advertisement � 5114 564.50 Maiiing List Resources MeiLing List � 5115 223.00 McGrath RentCorp Temporary Office RentaL 5118 213.60 Minton`a Lumber & Swppiy FieLd SuppLiem � 5117 17.32 Moffett Supp[y Company office SuppLfem r 1 2,412.14 Nmtionai Maiiing Srviueo, Inc. Postage 5 . 19 400.00 NmtiqnmL Spring Company, Inc. Vehic[e Maintenance 5120 33.09 Nobie Ford Tractor, Inc. Tractor Parts 5121 58.01 Northern Energy Propane Fuei � � 5122 169.22 Pacific BeiL TeLephpne Service 5123 713.38 Quick Siiver Printing Printing � 5124 46.60 Rancho Hardware FfeLd SuppLies � 5125 32~50 Rayne of San Jose Water Service 5126 1°568.48 Niuh`u Tire Service Tires � � 5127 3,251.72 Roy'm Repair Service Vehioie Maintenance and Repairs 5128 77~00 8 Q W Equipment Company Equipment Repair 5129 94.18 Safety �ie�n Corporation �oLvent Tank Service � ~ � 5130 26,820.00 Sevon Construction, Inc. Rancho Ranger Office Construction 5131 578.78 John Sheiton, Inc. CuLverts � 5132 1^000.00 George SipeL Associates Personnei ConouLting Services � 5133 709.29 The Stove Works Stove Pipe--Enterprise 5134 68.00 Sunnyveie ELectric EiectriceL Maintenance--Office 5135 449.00 Therma Water Pump Repimnmmmnt--Dimtei | 5136 2,575.07 TomLinson, Zfoko, MoromoLi Maser LegaL Services 5137 1,225.40 VmLLwy Oii Company Fuei 5138 270.00 Vmiiey Titie Company Preiiminmry TitLe Search � 5139 24.98 Vaiue Business Products Office SuppLiaa � 5140 395~00 WGMA Workshops Registration--M. Smith � 5141 94.23 WMI Services: Port-O-Let Sanitation Services � 5142 9.60 Woodside Union 76 Tire Repair � � 5^'3 197.45 Yerba Buena Nursery PLonta for D{mtmL Entrance � L + 225.00 Aaron's Septic Tank Service Sanitation Services 5145 206'250.00 First American T1tLe Guaranty Land Purchase--Vfdovitch Company 5146 77.61 Petty Cash Office and FieLd SuppLieo and FiLm � and DeveLoping � � + Urgent checks issued on December 10, 1993. **Urgent checks issued on December 9, 1993. � Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: December 15, 1993 SUBJECT: FYI Mr. Randy Anderson DEC 9 1993 Page Two If you have any questions, contact Field Engineer Mike Zumot at (916) 323-5365 or Regional Engineer Clifford Nomura at (916) 323-5300* Sincerely, 7 Vernon H. Persson, Chief Division of Safety of Dams cc: Mr. Robert L. Sans, Director San Mateo County Department of Public Works 10 Twin Dolphin Drive, Suite C-200 Redwood City, California 94065 STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Governor DEPARTMENT OF WATER RESOURCES ; 1416 NINTH STREET,P.O.BOX 942836 J SACRAMENTO,CA 94236.0001 (416)653-5791 W $ . Mr. Randy Anderson Planning Manager Mid-Peninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Mr. Anderson: Alpine Dam, Illegal San Mateo County The Division of Safety of Dams has reviewed the letter report by William Cotton and Associates titled "Results of Trenching Program to Establish Dam Height, Alpine Dam" submitted with your letter dated October 13 , 1993 . Based on their interpretation of the subsurface materials exposed in the trench, William Cotton and Associates found sand- stone bedrock material of the Vaqueros Formation in the southern portion of the trench (closest to the toe) . This bedrock material cropped out on both sides of the trench as a strike ridge oriented roughly parallel to the dam axis. This sandstone ridge formed the toe of the dam with fill material placed against it. The top of the sandstone exposed in the trench is at Eleva- tion 2174 feet. The spillway crest is at Elevation 2195. 2 . Therefore the dam height is 21. 2 feet high. The storage capacity was previously reported as 37 . 6 acre-feet. The Division has reviewed the letter report and concurs with William Cotten and Associates' conclusion'. In accordance with Division 3 , Part 1 of the California Water Code dams of this size do not fall under State jurisdiction for safety. No further alteration increasing the height of the existing dam or the storage capacity of the reservoir may be made without prior written approval from this Department. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 12, 1993 To: John Escobar From: David Sanguinetti Subject: E1 Corte de Madera Management Concerns Over the Thanksgiving weekend, use of the El Corte de Madera Open Space Preserve by mountain bicyclists came close to reaching maximum capacity for roadside parking. They were completely filling the Skeggs Point Parking Lot, as well as using most of the roadside frontage along Skyline at the Methuselah and Gordon Mill trailheads. This level of use has been occurring routinely every weekend since the end of August. Internally, the Preserve trail system has returned to the days when the PITTS Motorcycle Club was using the property. Non-designated trails have been brushed open and use has given them the appearance of District-designated trails. We have been talking to bicyclists about the increased popularity of the area and have learned that bicycle shop promotion and word of mouth has contributed to the recent discovery of the area. In addition to those coming from local areas, bicyclists are coming from as far away as San Francisco and the East Bay. The Skyline Field Staff and I are concerned that this trend will continue to increase through the next year, creating a greater impact on parking and use of the property. A meeting was held between Planning and Operations on Thursday, December 9, 1993, to discuss educational signing involving the proper use of the area by mountain bicyclists. I also had a meeting with Jon Karna, the President of R.O.M.P. , on Wednesday, December 1, 1993 to discuss the appropriate promotion of riding events in their newsletter that occur on the property. I have asked planning to place E1 Corte de Madera at the top of the priority list for the next Use and Management review. I am hoping this can occur by the Spring of 1994 . I would welcome any input from you as well as invite you to attend any future meetings on the subject. cc: Mary Gundert Dennis Danielson CLoima No. 93-21 Meeting 93-25 Date: Dec. 15* 1993 | REVISED MI0PENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Nome Description ________________________________________________________________________________________________ 5O95 100.00 Acme & Sons Sanitation, Inc. Sanitation Services 5098 140.40 Bay Microfiim, Inc. Equipment Suppiiem � 5097 6,363.65 Lou�m Bord� Road Grading | ' ' � 5098 205.77 CnLifornia Water Service Company Water Service � 5099 172.23 CLork`a Auto Parts/Machine Shop VehinLe Parts and Repairs � 5100 100.00 Coamtaide Pro-Fimme Propane FueL 5101 70.00 Edward Corekin Enterprise Repairs 5102 201.78 Ai1ce Cummings Private Vehicie 5103 35.98 DFM Associates Resource Documents . | 5104 90~93 Katherine Duffy Reimbursement--Five Year Awards . 5105 2,447.79 First American TitLe Insurance TitLe Insurance Company 5106 1^514.42 Fry/s ELectronina Office Equipment 5107 112.00 Q S K Farms of CaLifornie Straw � � 5108 246.51 Qowdoo Press Printing 5109 15.44 Herbert Grench Reimbursement--Te[ephone | 5110 2'437.17 J. Thomas Jmkaby, Civii Engineer Engineering Services 5111 47~03 Judy Law Private Vehicie 5112 264.00 * Tony Lam Crane Service, Inc. Equipment RentaL 5113 204.00 Los Gatos Weehiy Times Advertisement 5114 564.50 Moiiing List Resources MeiLing List 5115 223.00 McGrath RentCwrp Temporary Office Rentm[ 5116 213~60 Minton'a Lumber Q SuApLy FieLd SuppLioa � 5117 17.32 Moffett Suppiy Company Office SuppLieo 5118 2'412.14 NmtionaL MmiLing Srvices, Inc. Postage 5119 400.00 NmtiunaL Spring Company, Inc. VehfcLe Maintenance � � 5120 33.O9 NobLe Ford Tractor, Inc. Tractor Parts � � 5121 58.01 Northern Energy Propane Fuai 5122 169.22 Pacific BeLL TeLephone Service � 5123 713.36 Quick SiLver Printing Printing � 5124 4860 Rancho Hardware FfeLd SuppLfea � 5125 32.50 Rayne of San Jose Water Service � 5126 1*568.48 Rich's Tire Service Tires 5127 3,251.72 Roy/o Repair Service Vehicie Maintenance and Repairs 5128 77.00 S & W Equipment Company Equipment Repair � 5129 94.18 Safety K[een Corporation Soivent Tank Service 5130 26^820.00 Sevmn Construction, Inc. Rancho Ranger office Construction 5131 578.76 John Sheiton, Inc. Cu[vertm 5132 1*000.00 George S1peL Associates Peroonne[ Conmuiting Services 5133 709.29 The Stove Works Stove Pipe--Enterprise 5134 68.00 SunnyxaLe ELeotric ELeotr1cuL Maintenance--Office 5135 449.00 Thermm Water Pump Repiacnment--UisteL 5136 2,575.07 TumLinmon, Zisko, Mor000ii Maser LegoL Services 5137 1'225.40 Vmi[ey OiL Company Fue[ 5138 270.00 Vaiiey TitLe Company PreLiminory TitLe Search 5139 24.96 VaLue Business Products Office SuppLiem 5140 395.00 WGRA Workshops Registration--M. Smith 5141 94.23 WMI Services: Port-O-Let Sanitation Services 5142 9.60 Woodside Union 76 Tire Repair 5143 197.45 Yerba Buena Nursery PLmnta for DiateL Entrance � 5144 225.00 Aaron's Septic Tank Se�vice Sanitation Services 5145 208,250~00 First American TitLe Guaranty Land Purchase--Vidovitnh Company 5146 77.61 Petty Cash Office and FfeLd SuppL1eu and FfLm and DeveiopinQ | | * Urgent checks issued on December 10' 1993. **Urgent checks issued on December g, 1993~