Loading...
HomeMy Public PortalAbout19940126 - Agendas Packet - Board of Directors (BOD) - 94-03 i I Open Space I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I Meeting 94-03 REGULAR MEETING I BOARD OF DIRECTORS AGENDA 7:30 P.M. 330 Distel Circle Wednesday Los Altos California January 26, 1994 (7:30) * ROLL CALL ** ORAL COMMUNICATIONS -- Public SPECIAL ORDERS OF THE DAY -- G. Babbitt ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- G. Babbitt *** WRITTEN COMMUNICATIONS (Consent Item) i BOARD BUSINESS i i (7:50) 1. Adoption of Relative Site Emphasis Plan and Schedule for Use and i Management Plan Reviews -- R. Anderson (7:55) 2. Representation of Independent Special Districts on Local Agency Formation Commission -- C. Britton i Resolution Requesting Special District Representation on the Santa Clara i County Local Agency Formation Commission j (8:00) 3. Exchange of Land to Effect Lot Line Adjustment to Kennedy Road Entrance to Sierra Azul Open Space Preserve and Accommodate Neighboring Property Owner -- C. Britton Resolution Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Deed for the Real Property Being Released, 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 Ireland) (8:10) 4. Revision to Rules of Procedure Regarding Board Committees and Appointment of 1994 Board Committees -- G. Babbitt Resolution Amending Rules of Procedure i I i i i s i I 330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 * FAX: 415-691-0485 Bodrrt of Directors:Pete Siemens,Robert McKibbin,Teerta Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de"I it i (8:20) 5. Proposed Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1994-1995 -- C. Britton 6. Notice of Contract Completion for the Replacement Water System at Skyline Ridge Open Space Preserve -- R. Anderson 7. Signatories for Entering District Safe Deposit Boxes -- J. Fiddes Resolution Establishing Signatories for Entering Safe Deposit Boxes (First Interstate Bank of California - Los Altos) (9:00) 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 separate discussion. A member of the -public may request under oral communications that an item be removed from the consent calendar. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION No. 94-06 RESOLUTION OF APPRECIATION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING STANLEY R. NORTON WHEREAS StanleyR. Norton has faithfully and continuous) served as the District's legal counsel f � .fu y y g since June 13, 1973; and I WHEREAS, during over 20 years of service, Stan has worked with the Board of Directors, the general manager, and the staff of the District to provide sound legal advice and counsel on innumerable issues; and WHEREAS, Stan has given the Board of Directors informed, detailed, and unfailingly reliable interpretations and opinions that are invaluable to the Board in its decision-making process; and WHEREAS, Stan, showing great foresight and wisdom, recognized that population pressure was forcing development to the open hills and baylands and was one of the five signers of the ballot argument for Measure R, the November 1972 grassroots ballot initiative calling for room to breathe and the creation of the District in Santa Clara County; and WHEREAS, Stan has been instrumental in assisting the District in creating a regional greenbelt and has therefore directly contributed to enhancing the quality of life for the residents of and visitors to the midpeninsula region. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby honor Stanley R. Norton for his 20 years of service to the District, for his commitment to open space preservation, and for his dedication in guiding the District's legal affairs throughout the last 20 years. The Board further extends its heart felt thanks and appreciation to Stan for all he has done in the service of the Midpeninsula Regional Open Space District. i 4 Adopted by the Board of Directors January 26, 1994 Open Space 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION OF APPRECIATION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING MR. & MRS. WALTER GIRDLESTONE WHEREAS, Mr. & Mrs. Walter Girdlestone have a great respect for and love of the open space lands and unspoiled wilderness in the San Francisco midpeninsula region; and WHEREAS, the Girdlestones recognize the value, benefit and advantages of open space preservation and enhancement, both for current and future generations; and WHEREAS, the Girdlestones have long been supporters of the philosophy, mission and programs of the Midpeninsula Regional Open Space District; and WHEREAS, they have generously donated funds to the District to be used to help acquire, protect and enhance open space, wildlife habitat, natural lands and fragile ecosystems, and to help assure a positive experience of all visitors to the District's public open space lands; and WHEREAS, they continue to donate to the District on a regular basis, illustrating their commitment to open space preservation. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District do hereby commend and applaud Mr. & Mrs. Walter Girdlestone for their dedication to open space and their support of the District. Adopted by the Board ofDirectors January 26, 1994 III ? 11994 DIRECTORS STAFF LEE L. FORSTER, PRESIDENT DAVID A. STEVENS J. MASON BROWN, VICE PRESIDENT 50 GENERAL MANAGER RUSSELL F.CONROY YEARS OF SERVICE ROBERTA BECHTEL rft MAY GEE CD 1944 1994 MAY ACTION PROPOSED BY STAFF BOB VETTER Q C� Board President Acknowledge/Respond Director Acknovledge/Respond 2400 Francisco Blvd. Staff Acknowledge/Respond P.O. Box 1039, Pacifica, CA 94044 ��` Draft Response Attached ®t� Staff to be Directed to Prepare Draft Re spoaae for Board Consideration per Board Directives) January 19, 1994 No Response Necessary Subject: Special District Representation on LAFCO and LAFCO Control Over Special Districts (AB 1335) Dear Colleague: I am the President of the Board of Directors of the North Coast County Water District, which is responsible for delivering water in the City of Pacifica and adjacent unincorporated areas. The District's Board of Directors has requested that I write to all other special districts in the county to share our concerns about the implications of requesting special district representation on the County Local Agency Formation Commission. As you probably know, AB 1335, enacted last year, requires LAFCO to add two representatives of special districts if a majority of special districts in the County adopt resolutions requesting representation. There is no doubt that it would be desirable to have two members on LAFCO who are knowledgeable about special districts and who can bring the perspective of special districts to LAFCO deliberations. We have only one concern, but it is a serious one. The concern arises from the requirement in the law (Government Code Section 56453(a)) that, when requesting representation on LAFCO, we must also request that LAFCO adopt regulations concerning the functions and services of all special districts within the County. The scope of these LAFCO regulations is potentially very broad. A copy of Government Code Section 56451, which describes what the regulations may do, is attached. The trade-off for "latent powers." The law late ri surrendering districts' hi n LAFCO is s sometimes described as su e membership o gP allows the regulations to be considerably more significant than that. As you can see, depending on how LAFCO chooses to write them, the Section 56451 regulations could give LAFCO virtual "micro-management" power over special district activities. For example, the regulations appear to give LAFCO the power to: • require a water district (or a sanitary district) to get LAFCO approval if it wanted to begin in distributing reclaimed wastewater or extend service into an undeveloped area; • require a fire protection district to get LAFCO approval if it wanted to begin a paramedic service; Page 2 • require a hospital district to get LAFCO approval if it wanted to begin a new medical or surgical service, or change the facilities used to provide an existing service. It is important to keep the following points in mind: 1. In order to obtain special districts representation on LAFCO it will be necessary also to request LAFCO to adopt regulations under Section 56451 governing our functions and services. 2. Once a majority of special districts in the County do submit resolutions requesting membership on LAFCO, LAFCO is given the power to enact the regulations, which will affect all special districts, even those which have not requested LAFCO representation. 3. The law requires LAFCO to adopt the-Section 56451 regulations before the two representatives of special districts are seated. We can all appreciate the benefit of having special district representatives on LAFCO. However, we do not want to pay an unnecessarily high price to get that benefit. There is a sensible way to approach the LAFCO issue. It will require some patience and coordination, but should pay off in long term benefits. The key element in this approach is for all special districts to cooperatively develop Section 56451 regulations in draft before submitting resolutions to LAFCO. Once regulations have been drafted that are acceptable to special districts, they can be presented to LAFCO to get Commission staff and commissioners' informal reactions. At that point, assuming LAFCO's informal response is encouraging, resolutions can be adopted and submitted and the formal process initiated. This strategy does not eliminate all risks. LAFCO has the final say and could end up adopting regulations more burdensome than those they informally approve. However, we are less likely to be stuck with unreasonable regulations (and the public with unnecessary bureaucracy) if we follow this course than if we simply pass resolutions individually and hope for the best. We already have a copy of the Section 56451 regulations adopted by the San Diego County LAFCO, which has voluntarily had special district membership for several years. We have directed our staff to obtain copies of Section 56451 regulations from other counties. We would be happy to share this information with you. At that point, it would make sense for us to decide how best to prepare draft regulations and get input from all interested districts. In the meantime, we are going to hold off on passing a resolution requesting LAFCO to seat special district representatives and enact regulations. We respectfully suggest you do so as well. If you have questions on this, your staff can contact our District General Manager, Dave Stevens, at (415) 355-3462. z y, LEE FORSTER, President Board of Directors, North Coast County Water District § 56451. Regulations concerning functions and services of districts The commission may adopt, amend, or repeal regulations affecting the functions and services of special districts within the county. The regulations shall designate the special districts, by type and by principal act, to which they apply and the regulations shall not apply to, or affect the functions and services of, any special districts not so designated. The regulations may do any of the following: (a) Classify the various types of service which customarily are, or can be, provided within a single function of a special district. A class may be based upon the type of service, the purpose or use of the service, the facilities used to provide .the service, the type of consumers or users of the service, the extent of territory provided with the service, and any other factors which, in the opinion of the commission, are necessary or convenient to group persons, properties, or activities into a class having common characteristics distinct from those of other classes. (b) Require existing districts to file written statements with the commission specifying the functions or classes of service provided by those districts. (c) Establish the nature, location, and extent of any functions or classes of service provided by existing districts. (d) Determine that, except as otherwise authorized by the regulations, no new or different function or class of service shall be provided by any existing district. The regulations shall not apply to the extension or enlargement, within the boundaries of an existing special district, of any function or service which the commission, pursuant to this section, has estab- lished is currently being provided by that special district. Added Stats 1985 ch 541 §3, effective September 9, 1985,operative January 1, 1986. Prior Law:Former §54851,as added by Stats 1970 ch 1249 §4.5. Former Section: Former §56451, similar to present §57201, was added by Stats 1965 ch 2043 §2 and repealed by Stats 1985 ch 541 §4, effective September 9, 1985, operative January 1, 1986. Cross References: Resolution initiating proceedings to adopt regulations: §56453. JA N 101994 r ` THE CALIFORNIA NATIVE PLANT SOCIETY I I I I RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached 6 January 1994 Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Midpeninsula Regional Open Space District No Response Necessary 330 Distel Circle Los Altos, CA 94022-1404 Dear Board of Directors or management people, Because of your interest in and part ownership of Edgewood Preserve, Bob Emert suggested I send a copy of the proposed management plan for restoration of Bay Checkerspot Butterfly habitat in Area D of Edgewood. I would greatly appreciate any comments or suggestions, and will keep you posted on future developments. With best wishes, I Sara Timby Conservation, San Mateo County 621 Knoll Drive San Carlos, CA 94070 415 593-3287 enc: Proposed management plan for Area D, Edgewood Preserve I I i I I I I I I I I I i I I i I i I i DEDICATED TO THE PRESERVATION OF CALIFORNIA NATIVE FLORA THE CALIFORNIA NATIVE PLANT SOCIETY To: Bob Emert, Parks Superintendent, San Mateo County From: Sara Timby, Conservation Chair, San Mateo County ` Date: 12/18/93 (discussion); 1/6/94 (mailing) PROPOSED MANAGEMENT PLAN FOR RESTORATION OF HABITAT AT EDGEWOOD PARK, AREA D Background: Raymond R. White of H.T. Harvey&Associates has tracked larval densities of Bay Checkerspot butterflies in Edgewood during 1993. While most of the serpentine grasslands on the park continues to provide suitable habitat for the butterfly, Area D has lost much of its topographic diversity to housing and of the remaining portion, the larval food plant, Plantago erecta, averages only 130 plants per square meter rather than the average 500 plants/sq. meter measured at most colonies. The 1993 population at Area D was 200, and Mr. White expects this population to go extinct is some type of management plan is not instituted. (White to Christy, 10/15/93) I made a visual survey of the site in early December 1993. As Mr. White observed, there was an inhibiting collected thatch of dead grass, particularly at the edges of the serpentine area. It was also noted that the soils in Area D are much deeper than the serpentine soils in other Plantago erecta habitat. The deeper soils account in part for the greater competition from some annual grasses that ordinarily would not survive on shallow serpentine soils. Since these soils are different than other serpentine grassland areas in the park, it may be that the Plantago has never been at the higher densities observed elsewhere. The following proposal takes these considerations into account, and is characterized by being perhaps the least "invasive" of the alternatives, giving us an additional year to observe vegetation characteristics on the site before proposing a management plan that would be more aggresive(i.e. a controlled burn and seeding). Proposal: The edges of the site which support the densest annual grass mix should be cut as the heads start to mature but before the seeds are viable. This could be done by only a few volunteers, at perhaps 2 or 3 work parties in April. I suggest the use of a handheld weed-whip. I don't think a gas driven weed-eater would be necessary. The cuttings could be left to dry naturally; no special removal would be necessary. We cannot seed this year, nor am I sure we would want to the next. Seed must be obtained locally to keep the gene pool as it currently exists. It has been shown that removal of competition can work far more effectively than seeding. We may decide to gather a small amount of Plantago seed this summer but I rather discuss this further before doing it. In conjunction with the San Mateo County Parks Department, I could co-ordinate the volunteers and apply for the permit or waiver for incidental take that might occur duringthe restoration work. I have already been in touch with P ( ) g o d b e o Y the botanists at GGNRA who have done this type of restoration elsewhere and expect that a waiver could be obtained. The butterfly population should be monitored again in 1994; perhaps Mr. White would be willing to do this. Plantago erecta densities could also be measured, at different spots within Area D, in order that we might understand better its relationship to the soil depth and non-native grass competition. CNPS volunteers could do this. A year from now we should reassess our efforts and plan the following year's work. cc: Raymond R. White, H.T. Harvey&Associates Christopher D. Nagano, USFWS Laura Nelson and Terry Thomas, GGNRA Patrick Sanchez, San Mateo County Parks Director Roman Gankin, Principal Planner, San Mateo County Midpeninsula Regional Open Space District DEDICATED TO THE PRESERVATION OF CALIFORNIA NATIVE FLORA Open ,Space 1 I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I I I I DRAFT -RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION I Sara Timby The California Native Plant Society Conservation, San Mateo County 621 Knoll Drive San Carlos, CA 94070 Re: Proposed Management Plan for Area D, Edgewood Preserve Dear Sara: Thank you for sharing this management plan proposal with us. The Board of Directors reviewed your proposal at its regular meeting last night, and have forwarded the plan to Randy Anderson, our Planning Manager and Alice Cummings, our Resource Planner to review. I As you probably know, the District is in the process of formulating overall resource management policies, which we hope to complete this year. We hope to coordinate these general policies, and our specific resource management projects, with the California Native Plant Society. Reviewing your plan will be very helpful in this regard. We will share our similar proposals with you as they are prepared. Sincerely, Ginny Babbitt, President Board of Directors GB:RA:ej I I I 330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485 Hoard of Oise(tors:Pete Siemens,Robert Mekibbin, Ieena Renshaw,Ginny 13abbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I I Open Space ------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-12 Meeting 94-03 January 26, 1994 AGENDA ITEM Adoption of Relative Site Emphasis Plan and Schedule for Use d Mana ement Plan Reviews ACTING GENERAL MANAGER'S RECOMMENDATION Adopt the Relative Site Emphasis Plan and Use and a2 in t Plan Target Review Schedule as contained in report R-94-08 and amended in this report. i DISCUSSION i You tentatively adopted the Relative Site Emphasis Plan and Use and Management Plan Target Review Schedule at your January 12, 1994 meeting (see report R-94-08). One change to the plan was recommended. The change occurs in the list of capital improvement projects for Ravenswood Open Space Preserve where an addition has been made to include the planning for a connecting trail from the preserve to University Avenue. San Mateo County has taken the lead in implementing this trail segment, and the District is participating in a joint planning effort with the County, ABAG, and the California Coastal Conservancy. Three points of discussion at your meeting are further clarified below. 1) The improvements planned for the Vista Trail at Monte Bello Open Space Preserve are not specifically included in the list of projects outlined in the cooperative gift program with Peninsula Open Space Trust (POST). The program is flexible, and projects like this trail are excellent candidates to be considered for inclusion by POST. 2) At Purisima Creek Redwoods Open Space Preserve, a project is planned to underground a power line that crosses the preserve to the ranger residence. The intent is to provide an emergency landing area for helicopters responding to accidents in the area. Other agencies and local organizations such as the Kings Mountain Homeowner's Association, will be asked to contribute to this project. 3) The bottom of Chart A shows three rows of information relating to total expenditures and grants for each year in the five-year capital improvement plan. The column to the left has been modified to indicate that these totals are j not specifically related to the 1994-1995 fiscal year as originally identified on 1 the chart. { I i 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 FAX: 415-691-0485 ED Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit I R-94-12 Page two There have been no further comments received from the public on the Relative Site Emphasis Plan or Schedule for Use and Management Plan Reviews. Prepared by: Del Woods, Senior Open Space Planner Contact person: Same as above I SITE EMPHASIS / TARGET U & M PLAN REVIEW Review new Adjust Relative Acquisitions Order of Sites When Necessary Draft New 5 Yr Staff Review New Add New & C.I.P. Plan .- Review U&M Plans Anticipated C.I.P. Projects Draft U&M Target Review Schedule Review Grants i Update Status Schedule of Current C.I.P. Projects I Evaluate Projected Staff Revise Draft 5 Yr. C.I.P. Board and Public Board and Public Resources and Budget Plan and U & M Review -C> Review Allocation Review Schedule (Tentative adoption) (Final adoption) ESTABLISHED AT PUBLIC BOARD MEETINGS OVERALL ANNUAL PLANNING AND IMPLEMENTATION CYCLE - PLANNING PROGRAM R JANUARY MARCH APRIL OCTOBER DECEMBE 4 F ; Basic Policies i ' s ; Open Space c Management a Policies 1 LEGEND ■ PUBLIC HEARING Y ' ADOPTED BY BOARD Strategic e AT PUBLIC MEETING Plan a ' r ; Site Emphasis -► ' 5 Year C.I.P. E n d Target U&M Action Annual Program IN Poo- Review Schedule Plan Budget W" Evaluation (Mid-Year) Program Current & Proposed Evaluation Policy & Regional (Past Year) Planning "Past Year" Projects and Activities "Current Year" Projects and Activities i i i i CHART A-PLAN FOR RELATIVE EMPHASIS OF DISTRICT SITES Revised 1/19/94 4 Project is underway P Planning Assistance • Project to be complete C Construction Expense Relative Order of Sites U&M Prelimi ary Five Year Capital Im rovement Plan Outside and Major Im rovements Ado ted Status 1994 1995 1996 1997 1998 Beyond Fundin Ex lanation and Notes I I i i 1. SKYLINE RIDGE I Ranger Facility I Ranger Office Yes O 15000 P 40000 P Concept plan complete; specs/permits in '94 I I 400000 C New ranger office; approved in concept plan Shop Buildings/Yard Yes O 10000 P 100000 C Plans to be modified after office is complete Nature Center Interior Yes O 20000 P 10000 P Possible Concept plan complete; specs/permits in '94 50000 C 150000 C Required Project to be implemented in three phases Utilities Yes 5000 P Plans, specs and construction supervision 20000 C Electrici ,heat and security alarm Restoration/Dam Yes • Obtained State exemption, re airs com lete Well and Water System Yes • Well, tank and distribution lines complete Bullis Bypass Trail Yes 15000 C Possible Timing may be linked to lease foreclosure Lambert Creek Trail Yes 15000 C Possible I Connects Page Mill Trail to Horseshoe Trail to Long Ride Yes O 26525 C 26525 Fowkes trail easement, fences and gates RANCHO SAN ANTONIO St.Joseph's Ave.Bride No • Count Countyproject, MROSD funds unavailable Grant House/Interior No O 3000 P Required Project design and supervision 17000 C Required Construct exhibits and install signs Ranger Facility/Annex Ranger Office Yes • New office building completed in January Landscaping No 3000 C Walkways,patio and front landscaping Shop Building No O 5000 P 30000 C Im rove electrical and structural integrity Carport/Storage/Yard Yes 0 1 1 10000 P 100000 C As approved in conceptual plan I CHART A-PLAN FOR RELATIVE EMPHASIS OF DISTRICT SITES Revised 1/19/94 0 Project is underway P Planning Assistance • Project to be complete C Construction Expense Relative Order of Sites U&M Preliminary Five Year Capital Im rovement Plan Outside and Ma or Im rovements Ado ted Status 1994 1995 1996 1997 1998 Beyond Funding Ex lanation and Notes RANCHO SAN ANTONIO Cont. i i Restrooms Yes • Restrooms installed near DHF barn Ma board Trailhead Sin No • Anticipated to be installed by March Entry Identification Sin No • Anticipated to be installed early January i Demolition/Stable&Sheds Yes • Demolition completed after acquisition I Rid eline Trail Realignment Yes • Connection complete to Windmill Pasture I Creekside Trail(Full Access) Yes Possible Planned to connect to County Nature Trail I 3 MONTE BELLO South Ride Parking No O 5000 P 2500 P I Possible Pending acquisition or land exchange 50000 C Possible Pending acquisition or land exchange South Ride Restroom No 13000 C Possible Pending acquisition or land exchange Page Mill Restroom Repair No • Retrofitted with new storage tank Ma board Trailhead Sin No 4500 P/C Com uter base ma board and regulations Gold Mine Trail Yes 25000 C Possible To follow development of south parking lot Stevens Creek Bride Yes • Winter access from Canyon Tr to SROSP Bella Vista Trail Yes • Received Connection from ridgetop to Canyon Trail Vista Trail(Full Access) Yes O 5000 C rr Possible Improve accessibility from parking to vista 4. PURISIMA CREEK Lower Restroom Yes 0 7000 C Restroom instock; need storage tank Expand Lower Parking No 15000 P 35000 C Possible Increase capacity to meet parking demand PGE Under grounding Yes C) 1000 P Possible Engineering lans needed for permits 15000 C Provides for emergency helicopter access Ma board Trailhead Sin No 5000 P/C Possible Needed at three main trailheads Purisima Trail Full Access Yes 1 1 250001 Possible I Increase accessibility from lower parking i ` CHART A-PLAN FOR RELATIVE EMPHASIS OF DISTRICT SITES Revised 1/19/94 © Project is underway P Planning,Assistance 9 Project to be complete C Construction Expense Relative Order of Sites U&M Preliminary Five Year Capital Im rovement Plan Outside and Maior Im rovements Ado ted Status 1994 1995 1996 1997 1998 Beyond Funding Ex lanation and Notes I 5. WINDY HILL Portola Parking Lot Yes O 2500 P 180000 C Possible Have submitted in LWCF grant application Underground Utilities Yes O 20000 P Engineering, supervision, inspection 200000 C Required by Town; not included in grant Lower Restrooms Yes O 13000 C Possible Have submitted in LWCF grant application Upper Restrooms Yes O 13000 C To be installed near picnic area Ma board Trailhead Sin No O 4500 P/S Possible Partially complete '93; Portola Rd in '95 i Corte Madera Trails Yes 10000 C Possible Trail realignments above Corte Madera Ck Sausal Trail Full Access Yes O 29300 C Possible Have submitted in LWCF grant application I Meadow Trail Yes 10000 1 C Possible Connection from Sausal to Spring Ridge Bozzo/Midlevel Trail Yes 20000 C Possible Forms loop trails from Portola Road area I I 6. ST.JOSEPH'S HILL Hilltop Trail Realignment Yes I 10000 C 1 Possible Realign trail to top of St.Joseph's hill Jones Trail Novitiate No O 20000 C Required Joint town project to reopen old alignment Jones Trail Realignment No O 3000 C Possible Realign steep section&construct railing Resource/Trail Restoration No O 60000 C Required I Pending rant to restore trails&pistol range Ma board Trailhead Sin No 4500 P/C Will follow trail realignment projects 7. IRAVENSWOOD Restoration/Pond No O Possible Rhone Poulenc may lan '94; construct '95 Trail to Palo Alto Full Access Yes O 7500 P 75000 C Possible Pending acquisition and toxic clean-up Trail to University Avenue No O Possible Joint planning with San Mateo County CHART A-PLAN FOR RELATIVE EMPHASIS OF DISTRICT SITES Revised 1/19/94 4 Project is underway P Planning Assistance • Project to be complete C Construction Expense' Relative Order of Sites U&M Preliminary Five Year Capital Im rovement Plan Outside and Ivla'or Im rovements Ado ted Status 1994 1995 1996 1997 1998 Beyond Funding Ex lanation and Notes 8. EL CORTE DE MADERA Skyline Parking Lot No O 10000 P 10000 P 150000 C Possible Workshop held; design to get underway Parking Lot Restroom No 13000 C Possible To coincide with parking lot construction Clean-up/Dump Area Yes O 10000 P 40000 C Initial investigation to continue in'94 Demolition/Residence Yes I • Residence was above Skeggs Point Ride Trail to La Honda No 15000 Possible To connect parkin area to La Honda OSP 9. PICCHETTI RANCH AREA I Restoration/Barn&Shed Yes • Tie stall barn and blacksmith shed complete Restoration House Porch Yes O 6000 C 6000 Replacing dela idated porch structure I Trail above Pond Yes 7500 C Realign steep trail from pond to hilltop Trail to Consign Consigny Yes O 1 7500'__,,C Connection to Stevens Ck County Park Trail to Stevens Canyon Rd No O 7500 C 5000 Cooperative project to realign PTT trail 10. SARATOGA GAP Ma board Trailhead Sin No Combined with Long Ride project 1. LOS TRANCOS Ma board Trailhead Sin No O 3000 C Computer base ma board and regulations Fault Trail Improvements Yes • Realigned trail,changing stations&brochure 12. LONG RIDGE Demolition/Slate Creek Yes 1 • Structures have been removed Grizzly Flat Parking No 150000 Requires joint planning with County Parks Ma board Trailhead Sin No 4500 P/C' Map to include Saratoga Gap Jikgji Bypass Trail No 7500 C Possible Trail easement thru Jiko'i to School Road CHART A-PLAN FOR RELATIVE EMPHASIS OF DISTRICT SITES Revised 1/19/94 Q Project is underway P Planning Assistance • Project to be complete C Construction Expense Relative Order of Sites U&M Prelimi ary Five Year Capital Im rovement Plan Outside and Major Im rovements Adopted Status 1994 1995 1996 1997 1998 Be and Funding Ex lanation and Notes 13. PULGAS RIDGE Demolition/Sewage Plant Yes O 30001 P Secure S.F. &San Mateo Co. permits in '94 30000 C I Remove buildings and toxic materials Edmonds Parking Lot Yes O 2500 P I Possible Secure S.F. &San Mateo Co.permits in '94 25000 C Possible Location at sewage plant site Resource M mt Plan No O 2500 P Continue with Resource Management Plan 5000 C 5000 C 5000 C Continue with joint CDF restoration project Cordilleras Trail Full Access) Yes O 5000 C 20000 Canyon trail complete; need basin&culverts Edmonds Trailhead Yes • 6000 Connects proposed parking to middle ridge South Canyon Trail Yes 10000 Possible Creates a loop trail from proposed parking i 14. RUSSIAN RIDGE Loop Trails(LWCF) Yes C) 4000 C 21000 Modified scope due to Norton acquisition Nature Trail Pro 70 Yes C) 12000 C 12000 Connects Ride Trail to lower Minde o Trail Ride Trail Norton No O 12000 C Possible Connection to Langley Hill Road F15. LA HONDA MacDonald Staging Area No 30000 P 30000 P 600000 C Possible Master plan to include access&buildings Realign Weeks Road Yes • Provides loop patrol route to Skyline Blvd Dyer Trail to PGE Yes 5000 Possible Improves accessibility near permit parking Ride Trail Yes 1 35000 Possible Connects Dyer ride to MacDonald ranch 16. TEAGUE HILL CHART A-PLAN FOR RELATIVE EMPHASIS OF DISTRICT SITES(Revised 1/19/94) O Project is underway P Planning Assistance • Project'to be complete C Construction Expense Relative Order of Sites U&M Preliminary Five Year Capital In► rovement Plan Outside and Ma or Im rovements Ado ted Status 1994 1995 1996 1997 1998 Beyond Funding Ex lanation and Notes 17. FREMONT OLDER Parking Lot Expansion Yes O 2500 P 10000 C Reconfigure to increase capacity Restroom Yes 13000 C Incorporate into parking lot design M aild Sin No • Computer based ma and regulations aboard T r hea s Seven Springs Road Yes 5000 P 150001 C I Realign road/trail to acceptable gradient Fern Trail Yes 10000 C Trail Realignments Yes • Realigned trails complete on Coyote ridge I i 18. KENNEDY ROAD AREA Parking Lot Yes O 10000 P 40000 C Possible Provides limited parking for about 15 cars Restroom Yes 13000 C Possible Incorporate into parking lot design 19. WINDMILL PASTURE AREA Upper Black Mtn Trail No 25000 C Possible I Remove steep grades in upper reach 20. STEVENS CREEK �. COAL CREEK Vista Point Trail Yes 10000 C Possible Will provide connection to Ride Trail Melville Trail Yes 10000 C Possible Will provide connection to Ride Trail Fernandez Trail No 3500 C Possible Connects Vista Point to Alpine Road 22. EL SERENO 23. FOOTHILLS Foothills Park Trail No O 10000 C 10000 C 1 10000 C 1 100001 Possible Pending exchange agreement with P.A. I CHART A-PLAN FOR RELATIVE EMPHASIS OF DISTRICT SITES Revised 1/19/94 0 Project is underway P Planning Assistance • Project to be complete C Construction Expense Relative Order of Sites U&M Preliminary Five Year Ca ital Improvement Plani I Outside I and Major Improvements Ado ted Status 1994 1995 1996 1997 1998 Be and Fundin Ex lanation and Notes ' 24. THORNEWOOD Upper Bypass Trail Yes 15000 Possible Creates loop trail to SchillingLake Dam Restoration No O 5000 P 50000 C Restore integrity of spillway 25. MT. UMUNHUM AREA I Master Plan Yes O 20000 P 50000 P 50000 P Options,baseline,engineering,master plan I Demolition/Air Base No 500000 C Demolition of some or all of buidlin s I I 26. CATHEDRAL OAKS I Limekiln Parking Area No 10000 P 50000 C Possible Pending acquisition and mitigation grant I Soda Springs Parking Area No 10000 P 100000 C Possible Pending acquisition and mitigation grant Soda Springs Trail No 25000 C Possible Pending acquisition and mitigation grant ---------- ------ ----------- ---------- ---------- ------------ Projected Total Expenditure 674525' 1411800 655500 685000 607500 255000 Projected Grant Funds to be Received 96525 Actual funds to be received during the ear Adjusted Expenditures(Less rants) 578000 1411800 655500 685000 607500 255000 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-13 Meeting 94-03 January 26, 1994 AGENDA ITEM Representation of Independent Special Districts on Local Agency ormation Commission ACTING GENERAL MANAGER'S RECOMMENDATION -`- Adopt the attached resolution requesting special district representation on the Santa Clara County Local Agency Formation Commission. DISCUSSION , The Local Agency Formation Commission (LAFCO) within each county is the public forum under which all local agency territorial and jurisdictional matters are considered. In recent years, the District's only contact with LAFCO has been the annexation of lands the District has acquired. Since the portion of Santa Clara County within the District boundaries is the area of greatest assessed value, it is our "home" county (Government Code Section 56332B). Currently, there is no special districts' representation on LAFCO in our area. The five member commission is made up of two members from the county board of supervisors, two city council members, and a public member, all with appropriate alternates. However, now that statewide discussions are being held on improving the efficiency of local government, LAFCO will be a very important part of the many decisions on possible changes in the responsibilities, jurisdiction, and territory of special districts. It is therefore very important that special districts have representation on LAFCO. On January 1, 1994, Chapter 1307 (AB 1335), a new law on local government reorganization, went into effect. The focus of this law was to allow LAFCOs to institute discussions on reorganization and consolidation of special districts, and accordingly provide a process for representation of special districts on the LAFCO Board (Government Code Section 56455). In order to assure representation, a majority of independent special districts within a county must pass and forward a resolution requesting representation to set the process in motion. I Prepared by: I L. Craig Britton, Acting General Manager I I 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 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REQUESTING SPECIAL DISTRICT REPRESENTATION ON THE SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION The Board of Directors of the Midpeninsula, Regional Open Space District does resolve as follows: Section One. Pursuant to Section 56453(a) of the Government Code of the State of California, the Santa Clara County Local Agency Formation Commission may consider representation by independent special districts in Santa Clara County on said Commission if a majority of independent special districts within said County adopt a resolution initiating proceedings therefor. Section Two. The independent special districts in Santa Clara County have historically provided and continue to provide substantial public services to the residents of said County and do not now have representation on said Commission. Section Three. The Board of Directors of the Midpeninsula, Regional Open Space District does hereby request the Santa Clara County Local Agency Formation Commission to undertake proceedings pursuant to law to provide for special district representation on said commission. Section Four. The Acting General Manager of the District is hereby directed to immediately forward a certified copy of this Resolution to the Executive Officer of said Commission. Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-11 Meeting 94-03 January 26, 1994 AGENDA ITEM Exchange of Land to Effect Lot Line Adjustment to Kennedy Road n ce to Sierra Azul Open Space Preserve and Accommodate Neighboring Property Own r ACTING GENERAL MANAGER'S RECOMMENDATION 1. Adopt the attached resolution authorizing exchange of land owned by T. W. Ireland. 2. Tentatively adopt the use and management recommendations contained in this report, including naming the property as an addition to Sierra Azul Open Space Preserve. 3. Indicate your intention to dedicate the property as public open space. DISCUSSION In August, 1993, the District was approached by T. W. Ireland, who owns and occupies a residential property at 15294 Kennedy Road, Los Gatos. His property is located adjacent to and immediately easterly of the Kennedy Road entrance to Sierra Azul Open Space Preserve. He has requested that the District consider an exchange of land that would give the District an attractive hillside next to the preserve entrance in exchange for a relatively flat, but inaccessible, piece of the District's land abutting a proposed "recreation" area of his property. District staff met with Mr. Ireland at the site, and a series of conversations ensued from that meeting. The proposed exchange includes: (1) receipt by the District of an area at least twice that given up (approximately 0.5 acres vs. 0.25 acres); (2) a conservation easement covering all of Mr. Ireland's land lying westerly of his driveway, restricting its use to private recreation; (3) design review for any and all improvements made by Mr. Ireland on the conservation land; (4) a lot line adjustment clearing District title to a portion of Mr. Ireland's land near, or under, the fence around the District's visitor parking area; (5) Mr. Ireland's agreement not to protest if or when the District elects to construct the visitor parking area; and (6) the entire transaction completed at no out-of-pocket cost to the District, other than staff time. Since the land to be exchanged has been formerly dedicated as public open space land, a unanimous vote of the Board is required. The Board must also make a finding, which is contained in the resolution, that the exchange is equal value and the action is not detrimental to the open space character of the preserve. 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teeny Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit R-94-11 Page 2 USE AND MANAGEMENT RECOMMENDATIONS The area received by the District should remain as is, forming a natural boundary between the preserve and Mr. Ireland's homesite. Name: The property should be named as an addition to Sierra Azul Open Space Preserve - Kennedy Limekiln Area. Dedication: Indicate your intention to dedicate the property as public open space. Prepared by: L. Craig Britton, Acting General Manager Merwin Mace, Real Property Representative Contact person: Same as above MIDPENINSULA REGIONAL OPEN SPACE DISTRICT St. Joseph's Hill Open Space Preserve Sierra Azul Open Space Preserve LOS GATOS CREEK TRAIL '..<:::;.'.:;:. ::>+:::+<.. ' ::;< ;;:;;:;, . .. ... ...... � :.CURBSIDE PARKING RENO •• ,.' .:::. :::. �:�>";? :�';:"' <:>°;; ::: CONSERVATION EASEMENT.. ��.>'..:. .:.:':'.;;/;:>; -.' :':•'<`:'''':�. `��;. :`:::.::-::::::-::;�:�+:.. ,. ,.:..::::<:.•::.. ,:.'::. -�- , AND EXCHANGE ..:: ..:.. ..::' SPACE .OPEN i ,, �` '^�'-• '<:.;.: '. 'EASEMENT C.M . LO CATION N '; ' JONES TRAIL RUNNERS & BIKERS: WALK • .:. .<:... .. •. ON TRAIL SEGMENT DEFINED BY � a I I r„ u I ::' :.:.::::::: . ' ::::::::.'::.::::T: :.::{.::.: . ::. :'::: ... { '::.••:..: ..:;'':: : .. . . f {? .. .,>;:>{.>T:.i: . .. :...� ? EASEMENT (C.M.U.� � :�...- .?'�'.::�• - 0 0 IN J BX. J� • .:: :.: '.:T'::iiF:.;i{:T .::j?:;i,: '..{?;:4.�.?.:'.: .. :' � � � :::... �. ..::'^i.,.,,.'.`.;. ... {::::;.:. '. ::::h~.M-ti.�'/-ti'T•:'�' '': '..:. w-." r 4 .�*� w T' f I 1 I `'"". ,...•. ", ,.{... OPEN SPACE EASEMENT , I } : "'iow::; � �� iF ,�.`"'✓^ •' '?... ire..?. , Y G. , 4 h? r �& 1 yam++Mill : .. �.. :iP,.!;:-#,I ;i<i: ,,�,.::'y" ...},,.N.,,v,',i ti' '1a'p:,.vi.N,r',• 4.i•:ifi::::v".:i:4::yr......:.:y::::'�':i:'?. '{ �.�'f1At'Ctdi101YL[F1. �::i.: 4 .J �..: .>:>:�>:>T,•;.>:.>T>:{.>':{:;::>{:;;;:.•:><i::::::•<:. '•ALMA BRIDGE ROAD. � •,,;: . � ,��• '•,,. -",; ' i1�)t�iii'?'t`vk>:ii:4f�iii{>j::•:;::''ii{i:".. ^� Y. 1.0 f :k 'u [ !�,,. H ; LEX I NGTON RESERVOIR T 1:ri ' : '' COUNTY PARK _ `'>>T/+" ' .,•4✓ {,:a.. '. IN 2� 4w '•'.T,.j .:,.?.: ..:LJin (.�T'+/F/^' .PTRAIL ...)1 !{'V v\''i i.i4n: i.M^+ \...:•:.':. - O :::..... •*�' �;�::.::•.>. :::::: +...:meµ f�. �:,.�<,•.,.,.:. :�;<. / �;r,,.. ••••{. L s-t X NO PUBLIC ACCESS Qo f. _ 1. • .: CONSERVATIONT . . . .+:::�. ::/:''� '` >'� < €>< ? :�;?:. �..'. +F,.: {::. :::�:. :,:;:� :�'. ..•,T{. ;.. . C.M.U. MANAGEMENT UN I T+�.. 1. / .• _=.�. - ::: (CURRENTLY NO PUBLIC - :::...;; C NOTE: L. .. ::.::::: .: ..... :„r:::.:.::.;:.;<:.:>: •: TRAIL DISTACE IN ti1ILe ::. �4��...�• .:: .:....�.�`.::: .. .... ... � .:. >:.::.:. � Jan 19947. - sty. 1 I i i KENNEMI ROAD I Lot line adjustment I 769.26 Driveway i �08 I IRELAND PROPERTY- 537-15-016 N°°' 00� 166.a9. I Ireland's portion 'Z' to be exchanged �. 1 t District o st ct District's portion to be exc hanged 9 ed to Ireland I PRIVATE PROPERTY MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I i I I I I I I I SITE MAP - ATTACHMENT "A" SIERRA AZUL OPEN SPACE PRESERVE LAND EXCHANGE North I I Jan 1994 i RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A DEED FOR THE REAL PROPERTY BEING RELEASED, 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 THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF IRELAND). 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 Agreement to Exchange Interests in real Property between T. W. Ireland, Trustee and the Midpeninsula Regional Open Space District dated January 5, 1994, 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 or other appropriate officer is authorized to execute the Deed granting the real property interests being conveyed by the District. Section Three. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance to the deed conveying title to the property being acquired by the District. Section Four. The Acting General Manager of the District shall cause to be given appropriate notice of acceptance. The Acting General Manager is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. i i i i Resolution No. Page 2 Section Five. The Board of Directors finds that the granting and releasing of the real property interests is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Sierra Azul Open Space Preserve. Section Six. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the Public Resources Code of the State of California, this exchange of rights and obligations is of equal value and is necessary for park or open space, or both purposes. I I i I i i i i i AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AGREEMENT is made and entered into by and between T. W. IRELAND, as Trustee under an Agreement of Revocable Trust dated September 8, 1992, (hereinafter referred to as "Ireland"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, (hereinafter referred to as "District"). RECITALS A. Ireland owns a parcel of land at 15294 Kennedy Road, located in the Town of Los Gatos, County of Santa Clara, State of California, identified as Assessor Parcels 537-15-016 and 537-15-017, and is improved with a single family dwelling (as shown on the map attached hereto as Attachment "A"). B. District owns an adjacent parcel of land, identified as Assessor Parcel 537-15-018, also located in the Town of Los Gatos, County of Santa Clara, State of California (as also shown on the map attached hereto as Attachment "A"). C. Ireland wishes to exchange a port ion of his property, shown with the letter X" on Attachment "A", for a portion of District's property, shown with the letter "Z" on Attachment "A" (Ireland's portion to be exchanged to be at least twice as large, in area, as District's portion to be exchanged). D. Districts willing to make the exchange so long as the conditions contained in this Agreement are agreed to by Ireland. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS: 1. Exchange of 1Fee Title. Ireland and District will exchange unencumbered fee title to the respective parcels of land ("V for "Z", "X" being at least twice the area of "Z") to effect the exchange. 2. Payment of Fees. Any and all processing fees, survey fees, legal fees, if any, etc., will be paid for by Ireland. District is to have no out-of-pocket expenses due to this transaction (other than the staff time required). 3. Conservation Easement. Ireland agrees to grant to District, concurrent with the exchange, a Conservation Easement over the land of Ireland lying easterly of his driveway, restricting use, in perpetuity, to recreational purposes (volleyball, horseshoes; tennis, bocce ball, etc.), and restricting construction and structures thereon (other than for the aforementioned recreational facilities) to two (2) gazebos; said Conservation Easement (attached hereto as Attachment "B") to be recorded in the Office of the Recorder of Santa Clara County as part of this exchange transaction; 4. Design Review. Ireland agrees to grant to District the right of design review and approval (said approval not to be unreasonably withheld) of the improvements planned by Ireland for the area lying easterly of his driveway; said Review Right to be incorporated within the Conservation Easement referenced in paragraph 3 above; 5. Lot Line Adjustment. In addition to the Exchange of Fee title referenced in paragraph I above, Ireland agrees to grant to District, via a, lot line adjustment, that portion of Ireland's property now being used by District lying easterly of the split rail fence at the entrance to Sierra Azul Open Space Preserve from Kennedy Road, shown as "Encroachment" on Attachment "A"; and 6. Parking- Lot Approval. Ireland, his heirs, successors and assigns, agree not to protest the District if, and when, District applies for a building permit to install an enlarged parking lot serving the users of Sierra Azul Open Space Preserve from Kennedy Road. 7. Timing. This agreement becomes null and void if all terms have not been completed prior to December 31, 1994. 8. —Chanp-es to Agreement. If changed, this Agreement must be amended in writing by both parties. 2 IN WITNESS WHEREOF the parties hereto have caused this Agreement to p g 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. MIDPENINS LA RE GIONAL LGIONAL OPEN IRELAND SPACE DISTRICT APPROVED AS TO FORM: T. W. Ireland, Trustee Date J Stanley Norton, ]strict Counsel R - ENDED FOR APPROVAL: L. Craig Britton Acting General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: 3 I I OFFM OF COUNTi ASSESWq� SA KTA CLARA CC CdUFORMIA R.O.S. 55717 1�,a �C zs� Imo° 6in:�sa soap a W.S. 411140 ML �M. 5 90-M-36 xva tDftto i I h ' 4.33 AC, �+�► �' V -!1'GfLNINSUL REGIONAL 0IMN SPACE DIST. 43 24 i �� MWENiNSULA REGIONAL OPEX DIST M t .a.rl A* vt � RC�. 2 , so rho 0w n M+ ,r�wm�+o++w�1 wd a not a ' ,w►ar of nor as of.Pori of u+o rep*" of d 1'/o rh•ch M�►ml M 0I1�CM4 •• ' e Recorded e at the request of and when recorded return to: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton Acting General Manager GRANT OF CONSERVATION EASEMENT WHEREAS, T. W. IRELAND, as Trustee under an Agreement of Revocable Trust dated September 8, 1992, hereinafter called "Grantor," is the owner of that certain real property, hereinafter called "Property," located at 15294 Kennedy Road in the Town of Los Gatos, County of Santa Clara, State of California, and more particularly described as Assessor Parcel Numbers 537-15-016 and 537-15-017; and WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District, hereinafter called "Grantee," was formed by voter initiative to solicit, receive, and hold conveyances of real property and partial interests in real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, Grantor desires to limit his, his heirs', successors' and assigns' rights to use that portion of the Property lying easterly of the driveway (as shown on Exhibit A, attached hereto and incorporated herein), hereinafter called "Conservation Property," in partial compensation for an Exchange of Fee Title Interests in Real Property with Grantee; NOW, THEREFORE, in consideration of the above and for a valuable consideration, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of California and in particular, inter alia, Sections 815 through 816 of the California Civil Code, Grantor hereby grants to Grantee a Conservation Easement ("Easement") in perpetuity over the Conservation Property subject to the following terms and provisions: 1. Purpose. The purpose of this Easement is to assure that the Conservation Property will be retained in perpetuity as recreational and scenic land. 2. Ri hts of Grantee. To accomplish the purposes of this Easement, Grantor hereby grants to Grantee the right: I � I I i (a) To preserve and protect the conservation values of the Conservation Property; and (b) To enter upon the Conservation Property at reasonable times in order to monitor the compliance by Grantor or Grantor's successors in interest with the terms of this Easement and to enforce such terms; provided, that such entry shall be upon reasonable prior written notice to Grantor and to occupants of the C6nservation' Property, and provided that Grantee shall not unreasonably interfere with the use and quiet enjoyment of the Conservation Property by the Grantor or by its successors in interest or by any occupants of the Conservation Property; and (c) Pursuant to Paragraph 6 hereof (Disputes and Remedies), to prevent any activity on or use of the Conservation Property which is inconsistent with the purposes of this Easement and to require the restoration of such areas or features of the Conservation Property that may be damaged by any inconsistent activity or use. 3. Prohibited Uses. Any activity on or use of the Conservation Property which is inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses of the Conservation Property are declared to be inconsistent with the purposes of this Easement and are therefore expressly prohibited:' (a) Subdivision. The legal or defacto subdivision of the Conservation Property for any purpose. Lot line adjustments shall be considered a subdivision and are subject to the written approval of Grantee. Any land transferred by lot line adjustments shall remain Subject to the terms of this Easement. Neither owning the property as undivided interests, nor the creation of a life or future estate, nor ownership all or in part by any corporation, partnership, trust or other entity is a subdivision under the terms of this easement. (b) Commercial or Industrial Use. Any commercial or.industrial use of, or activity on the Conservation Property, including but not limited to, commercial agriculture, other than those uses or activities relating to home occupation as permitted under paragraph 5. For purposes of this Easement, selling of fruit from that portion of the property now used as an orchard shall not be considered a commercial use. (c) Building. The placement or construction on the Conservation Property of any buildings, structures, or other improvements of any kind other than those permitted in paragraphs 4 and 5. (d) Soil Erosion or Degradation. Any use or activity which causes or is likely to cause significant soil degradation or erosion or significant pollution of any surface or subsurface waters. This prohibition shall not apply to the use of agrichernicals such as fertilizers, pesticides, herbicides, and ftingicides which are used in accordance with law and USDA, manufacturer's, and the County Agricultural Commissioner's regulations, directions, and policies, or those of their successors. 2 4 (e) Tree Cutting. The cutting down, or other destruction or removal, of live trees, except (i) when required for safety or fire protection, (ii) when such trees were planted as a Christmas tree or fuelwood crop to be harvested, (iii) when necessary for the use, enjoyment or construction of any of the improvements existing on the date hereof, or authorized to be constructed hereunder. Noise Limits. No activities such as concerts shall be permitted on the property which produce noise levels in excess of 65 decibels as measured on the trails surrounding the property. Agricultural and landscape equipment such as tractors, chainsaws and leaf blowers are specifically excluded from this provision. (g) Archeological Resources. The excavation, removal, destruction, or sale of any archeological artifacts or re►nains found on the property, except as part of an archeological investigation approved by Grantee. All excavation plans shall be reviewed by all archeologist prior to the start of, and during, the excavation. (h) Dumping. The (IL1111ping or other disposal of wastes, refuse, or debris on the Conservation Property, except for organic material which is generated by landscaping and gardening activities permitted herein or used for fertilizer or erosion control, provided that any Such dumping or disposal of organic materials shall be in accordance with applicable law. (i) Grazing. Grazing at a level which would cause significant erosion above the "T" values set by the USDA Soil Conservation Service or its successor agency, or cause barren areas. 0) Mineral Rights. The exploration for, or development and extraction of, minerals, geothermal resources and hydrocarbons by any surface mining method or any other method that would impair or interfere with the conservation values of the Conservation Property. (k) Off Road Vehicles. Use of off-road or all-terrain vehicles or motorcycles. No recreational use of off-road vehicles is permitted, (1) ffunting or Shooting. Hunting or trapping of wildlife, or the shooting of guns, except that predators attacking domestic animals may be shot, and except such trapping or relocating of wildlife as is necessary or appropriate to protect agricultural or horticultural plant life. Without limiting the generality of the forgoing, Grantor shall be permitted to trap and kill rodents, vermin and other similar small animals which threaten any existing or authorized structure, or any agricultural or horticultural area in the Conservation Property. (in) Excavation. Major alteration of land forms by grading or excavation of topsoil, earth, or rock. Provided however, grading or excavation necessary or appropriate to 3 3r�TA WrIE�r-r construct improvements authorized hereunder shall be permitted. 4. Reserved Rights. Grantor reserves unto itself and to its successors and assigns the following rights relating to the Conservation Property: (a) Private Recreation Facilities. To place or construct private recreation facilities, including a tennis court, a volleyball court, a horseshoe court, a bocce ball court, and, a gazebo. Buildings and sites shall be subject to written notification or approval by Grantee as provided in paragraph 5 herein. (b) Existing Utilities. To upgrade, repair, maintain, and expand or enhance existing utility systems, including, without limitation, water, sewer, power, fuel, satellite communication systems, and communication lines and related facilities, without the requirement of undergrOLulding. (c) Recreational Uses. To engage in and permit others to engage in recreational uses of the Conservation Property which require no surface alteration or other development of the land. (d) Irrigation Facilities. To construct, install, use, operate, repair, maintain, expand, enhance and replace necessary facilities for irrigation, including pipes, pumps, utility lines, and small sheds to protect such facilities. (e) Fencing. To construct, repair, and maintain fencing and gates along the perimeter of the Conservation Property, the materials, style and location of which are subject to the approval of Grantee. Said approval shall not be unreasonably withheld. New fencing and gates may be constructed, repaired and maintained in areas other than along the perimeter of the Conservation Property, provided it is reasonably necessary to serve the improvements and/ or to facilitate the uses authorized hereunder. 5. Grantee's Notification or A Droval. Grantor grants to Grantee, in perpetuity, the right of design review and written approval (said approval not to be unreasonably withheld) of any improvements planned by Grantor, his heirs, successors, and assigns, for the Conservation Property. 6. Disputes and Remedies. If Grantee determines that Grantor, or Grantor's successors in interest, or any occupant of the Conservation Property is conducting or allowing a use, activity, or condition on the Conservation Property which is prohibited by the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation, and, where the violation involves injury to the Conservation Property resulting from any use or activity inconsistent with the purposes of this Easement, to restore the portion of the Conservation Property so injured. 4 6.1 Consultations.Regarding Interpretation and Enforcement of Easement. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. 6.2 Costs of Enforcement. In the event any action or proceeding is brought by either Grantor or Grantee to enforce or to interpret the terms of this Easem6nt, the prevailing party in such action or proceeding shall be entitled to recover its attorney's fees and costs of suit. 6.3 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of the Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any Subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. 6.4 Acts Beyond the Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Conservation Property resulting from causes not involving any affirmative acts by Grantor, or causes beyond Grantor's control, including without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Conservation Property resulting from such causes. 7. Access. No right of access by the general public to any portion of the Conservation Property is conveyed or granted by this Easement. 8. Costs and Responsibilities. Grantor shall have the responsibility for the ownership, operation, upkeep, and maintenance of the Conservation Property, and any and all costs attendant thereto. Grantor shall be responsible for, indemnify and save harmless MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MROSD), its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Easement, except for active negligence of MROSD, its officers, agents, or employees. 9. Conveyance. Upon prompt written notice to Grantor (such notice containing detailed information as to the successor Grantee's name, address, key officers, and telephone number.), Grantee may convey this Easement in whole, but Grantee may convey its rights and obligations under this Easement only to an entity that is qualified at the time of transfer under Section 170 (h) of the Internal Revenue Code, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under Section 815.3 of the California Civil Code (or any successor provision then applicable). As a condition of such transfer, Grantee shall 5 require the transferee to expressly agree in writing to assume Grantee's obligations hereunder in order that the purposes of this Easement shall continue to be carried out. r Gr antor shall incorporate b 10. Subsequent Conveyance of the Conservativn Prope tv rP Y reference hereto the terms of this Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Conservation Property, including, without limitation, a leasehold interest. Grantor shall give written notice to Grantee of the transfer of any interest in the Conservation Property at least 20 days prior to the date of such transfer. Grantor shall provide a complete copy of this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 11. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: T. W. Ireland 15294 Kennedy Road Los Gatos, CA 95032 (408) 356-2790 To Grantee: Midpeninsula regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton Acting General Manager (415) 691-1200 or to such other address as either party from time to time shall designate by written notice to the other. 12. Recordation. This instrument shall be recorded by Grantee in the Official Records of Santa Clara County, California. Grantee may re-record this Easement whenever re-recording is required to preserve Grantee's rights in this Easement. 13. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of Grantee to effect the purpose of this Easement and the policy and purpose of Section 815 et. seq. 6 i of the California Civil Code. If any provision in this instrument is found to be ambiguous, all interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. This instrument shall be construed in accordance with its fair meaning and it shall not be construed against either party on the basis that such party prepared this instrument. (c) Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Easement can still be carried out. (d) NQ_Tliird Party Rights. This instrument is made and entered into for the sole - benefit and protection of Grantor and Grantee and their respective successors and assigns. No person or entity other than the parties hereto and their respective Successors and assigns shall have any right of action under this Easement orally right to enforce the terms and provisions hereof. (c) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Grantor's fee title in any respect. Grantor specifically reserves the right to convey fee title to the Conservation Property subject to this Easement. (f) Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Conservation Property. (g) Termination of Rights and ObligatiQps. Except as expressly provided otherwise in this instrument, a party's rights and obligations under this Easement shall terminate upon the transfer of the party's interest in this Easement or the fee title to the Conservation Property, as the case may be, except that rights, obligations, and liability relating to acts or omissions occurring prior to transfer shall survive transfer. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (i) Counterparts. Grantor may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 7 T-1 A --44 Hr.-*-T Consent not to be Unreasonably ithheld. In the event Grantor, as required by the terms hereof, seeks consent of Grantee, Grantee agrees in all such circumstances not to unreasonably withhold its consent, regardless whether the paragraph hereunder requiring grantee's consent so provides. TO HAVE AND TO HOLD unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, Grantor has set its hand on the day and year first written above. "GRANTOR" T. W. IRELAND, Trustee T. W. Ireland Date: State of California County of On before me, personally appeared T. W. Ireland, Trustee — personally known to me (or prOved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that, he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 8 construct improvements authorized hereunder shall be permitted. 4. Reserved Rights. Grantor reserves unto itself and to its successors and assigns the following rights relating to the Conservation Property: (a) Private Recreation Facilities. To place or construct private recreation facilities, including a tennis court, a volleyball court, a horseshoe court, a bocce ball court, and a gazebo. Buildings and sites shall be subject to written notification or approval by Grantee as provided in paragraph 5 herein. (b) Existing Utilities. To upgrade, repair, maintain, and expand or enhance existing utility systems, including, without limitation, water, sewer, power, fuel, satellite communication systems, and communication lines and related facilities, without the requirement of undergrounding. (c) Recreational Uses. To engage in and permit others to engage in recreational uses of the Conservation Property which require no surface alteration or other development of the land. (d) Irrigation Facilities. To construct, install, use, operate, repair, maintain, expand, enhance and replace necessary facilities for irrigation, including pipes, pumps, utility lines, and small sheds to protect such facilities. (e) Fencing. To construct, repair, and maintain fencing and gates along the perimeter of the Conservation Property, the materials, style and location of which are subject to the approval of Grantee. Said approval shall riot be unreasonably withheld. New fencing and gates may be constructed, repaired and maintained in areas other than along the perimeter of the Conservation Property, provided it is reasonably necessary to serve the improvements and/ or to facilitate the uses authorized hereunder. 5. Grantee's Notification or Approval. Grantor grants to Grantee, in perpetuity, the right of design review and written approval (said approval not to be unreasonably withheld) of any improvements planned by Grantor, his heirs, successors, and assigns, for the Conservation Property. G. Disputes and Remedies. If Grantee determines that Grantor, or Grantor's successors in interest, or any occupant of the Conservation Property is conducting or allowing a use, activity, or condition on the Conservation Property which is prohibited b the terms of P Y P Y this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation, and, where the violation involves injury to the Conservation Property resulting from an use or activity . P Y g Y Y inconsistent with the purposes of this Easement, to restore the portion of the Conservation Property so injured. 4 6.1 Consultations Regard i np-,-.Interpretation and Enforcement of Easement. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. 6.2 Costs of Enforcement. In the event any action or proceeding is broight by either Grantor or Grantee to enforce or to interpret the terms of this Easement, the prevailing party in such action or proceeding shall be entitled to recover its attorney's fees and costs of suit. 6.3 Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of the Grantee, and any forbearance by Grantee to exercise its rights tinder this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair Such right or remedy or be construed as a waiver. 6.4 Acts Beyond the Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Conservation Property resulting from causes not involving any affirmative acts by Grantor, or causes beyond Grantor's control, including without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Conservation Property resulting from such causes. 7. Access. No right of access by the general public to any portion of the Conservation Property is conveyed or granted by this Easement. 8. Costs and Responsibilities. Grantor shall have the responsibility for the ownership, operation, upkeep, and maintenance of the Conservation Property, and any and all costs attendant thereto. Grantor shall be responsible for, indemnify and save harmless MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MROSD), its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with or incident to this Easement, except for active negligence of MROSD, its officers, agents, or employees. The duty of Grantor" to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantor waives any and all rights to any type of express or implied indemnity or right of contribution from MROSD, its officers, agents or employees, from any liability resulting from, growing out of, or in any way connected with or incident to this Easement. 9. Conveyance. Upon prompt written notice to Grantor (such notice containing detailed information as to the successor Grantee's name, address, key officers, and telephone number.), Grantee may convey this Easement in whole, but Grantee may convey its rights and obligations under this Easement only to an entity that is qualified at the time of transfer 5 AV4-,r*r1 1 under Section 170 (h) of the Internal Revenue Code, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder, and authorized to acquire and hold conservation easements under Section 815.3 of the California Civil Code (or any successor provision then applicable). As a condition of such transfer, Grantee shall require the transferee to expressly agree in writing to assume Grantee's obligations hereunder in order that the purposes of this Easement shall continue to be carried out. 10. Subsequent Conveyance of the Conservation Property. Grantor shall incorporate by reference hereto the terms of this -Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Conservation Property, including, without limitation, a leasehold interest. Grantor shall give written notice to Grantee of the transfer of any interest in the Conservation Property at least 20 days prior to the date of such transfer. Grantor shall provide a complete copy of this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 11. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: T. W. Ireland 15294 Kennedy Road Los Gatos, CA 95032 4 -( 08) 356 2790 To Grantee: Midpeninsula regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. 'Craig Britton Acting General Manager (415) 691-1200 or to such other address as either party from time to time shall designate by written notice to the other. 12. Recordation. This instrument shall be recorded by Grantee in the Official Records of Santa Clara County, California. Grantee may re-record this Easement whenever re-recording is required to preserve Grantee's rights in this Easement. 13. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be governed by the laws of the State of California. 6 (b) Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberallyconstrued in favor 0 of Gr antee antee to effect the purpose of this Easement and the policy and purpose of Section 815 et. seq. of the California Civil Code, If any provisio n in this l nstrume nt is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. This instrument shall be construed in accordance with its fair meaning and it shall not be construed against either party on the basis that such party prepared this instrument. (c) Severabiiity. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby so long as the purposes of this Easement can still be carried out. (d) No Third Party Rights. This instrument is made and entered into for the sole benefit and protection of Grantor and Grantee and their respective successors and assigns. No person or entity other than the parties hereto and their respective successors and assigns shall have any right of action under this Easement or any right to enforce the terms and provisions hereof. (e) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Grantor's fee title in any respect. Grantor specifically reserves'the right to convey fee title to the Conservation Property subject to this Easement. (f) Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns, and shall continue as a servitude running in perpetuity with the Conservation Property. (g) Termination of Rights and Obli ations. Except as expressly provided otherwise in this instrument, a party's rights and obligations under this Easement shall terminate upon the transfer of the party's interest in this Easement or the fee title to the Conservation Property, as the case may be, except that rights, obligations, and liability relating to acts or ornissions occurring prior to transfer shall survive transfer. (h) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (i) Counterparts. Grantor may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be 7 controlling.t oiling. (j) Consent not to be Unreasonably Withheld. In the event Grantor, as required by the terms hereof, seeks consent of Grantee, Grantee agrees in all such circumstances not to unreasonably withhold its consent, regardless whether the paragraph hereunder requiring grantee's consent so provides. TO HAVE AND TO HOLD unto the Grantee, its successors and assigns forever. IN WITNESS WIIEREOF, Grantor has set its hand on the day and year first written above. "GRANTOR" T. W. IRELAND, Trustee By: T. W. Ireland Date: State of California County of On before me, personally appeared T. W. Ireland, Trustee personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that, he executed the same in his authorized capacity, and that by his signature on the instrument the person.or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 8 Open Space 1 R-94-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-03 January 26, 1994 AGENDA ITEM Revision to Rules of Procedure Regarding Board Committees and intment of 1994 Board Committees ACTING GENERAL MANAGER'S RECOMMENDATION h 1. Disband the existing standing and ad hoc committees. i 2. Adopt the attached resolution amending the District's Rules of Procedure. 3. Approve President Babbitt's appointments to the District's four new standing committees and other committees as appropriate. I DISCUSSION At your December 8, 1993 meeting, you approved the establishment of four standing committees to replace existing Board committees (see report R-93-116). Director Siemens initially presented this committee consolidation proposal in August (see report R-93-89). I � j The four new standing committees are: Administration and Budget Committee j Legislative, Finance, and Public Affairs Committee Use and Management Committee Acquisition and Enterprise Committee You directed the new Board President to work on phasing in new committee members in the case where a current committee was not able to complete their charge in 1993. In addition, you agreed that 1) the Board president not serve on any committee, but would serve as a voting alternate on committees; 2) non-committee members should not attend committee meetings unless it is as an anonymous member of a large audience of the public; 3) committee meetings will not be taped - short informational reports should be given to the full Board at Board meetings; and 4) the chair of each committee should be designated as note- taker to record decision of the committee unless there is another committee member who volunteers. President Babbitt will announce her committee assignments at your January 26 meeting. i i 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX:415-691-0485 19 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i i R-44-14 Page two The attached resolution n r Rules amends you u es of Procedure to incorporate the changes you have rP g made regarding Board committee structure. Staff will be returning later this quarter with additional recommended changes in your Rules of Procedure because of amendments to the Brown Act that become effective on April 1. The changes proposed in this report are intended to relate solely to committee consolidation implementation. Prepared by: Jean H. Fiddes, District Clerk Contact persons: L. Craig Britton, Acting General Manager Jean H. Fiddes, District Clerk i i I I I I I RESOLUTION NO. I RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING RULES OF PROCEDURE I BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District that the following sections of the Rules of Procedure are amended to read as follows: Section 1.80 Committees of the Board. Upon passage of motion by a majority of Board members, standing or special committees composed of Board members may be established for the study of specific matters. The presiding officer of the Board may appoint the committee members with the consent of the Board. The presiding officer of the Board shall not serve on any presiding committee. The residin officer may serve as a voting alternate on any committee. 1.82 Standing; Committees. The following shall be standing committees of the Board: Administration and Budget Committee; Legislative, Finance, and Public Affairs Committee; Use and Management Committee; and Acquisition and Enterprise Committee. Three Board members shall be appointed to serve on each standing committee. Appointments to the Administration and Budget Committee shall normally be made at the first regular meeting in January. The Treasurer shall be one of the three members of the Administration and Budget Committee. I Appointments to other standing committees shall be made at the first regular meeting following the meeting at which officers of the Board are elected. I 1.84 Section 1.84 is eliminated. I I I I I Open Space a � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-10 Meeting 94-03 January 26, 1994 AGENDA ITEM Proposed Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1994-1995 ACTING GENERAL MANAGER'S RECOMMENDATION �. I 1. Review the proposed Preliminary Action Plan for the 1994-1995 fiscal year, make any modifications that you feel are necessary, and adopt the Preliminary Action Plan. 2. Charge the 1994 Administration and Budget Committee with conducting a review of the Preliminary Action Plan on the Board's behalf as part of the budget review process. DISCUSSION The District's activities are guided by an annual Action Plan that implements the Basic Policy and other Board policies. The Action Plan's function is to summarize the purposes and I current emphasis of the District's major programs, to identify key projects, to allocate budget, and to be a basis for evaluation of progress. Once again, the proposed Preliminary Action Plan for the coming fiscal year has had to be prepared under an air of uncertainty because of the state's budget crisis and its potential impact on the District in terms of a reduction of the District's property tax revenue funding. The plan could be altered as a result of your discussions at the January 22 goals and objectives workshop, your January 26 meeting, the budget formulation and Administration and Budget Commit tee review pro cess, or actions by the state legislature affecting the District's property tax revenue allocation. Existing staff positions are shown in the staff resources section for each of the District's five major programs -- Open Space Acquisition, Planning, Operations, Public Affairs, and General Management and Program Support. The following full-time positions are being proposed at this time to be filled during the 1994-1995 fiscal year: Acquisition Program Real Property Representative Planning Progran Second Planning Technician Secretary Operations Program Second Equipment Mechanic-Operator Ranger 330 Distel Circle * Los Altos California 94022-1404 * Phone: 415-691-1200 * FAX: 415-691-0485 Board of Directors:Pete Siernens,Rohert M(Kibbin,Jeena Henshaw,Ginny Babbitt,Nrnnette Hanko,Betsy Crowder,Wim de Wit R-94-10 Page 2 The addition of a second planning technician and a second equipment mechanic-operator were initially included in the 1992 staffing reorganization plan. That plan called for a one- half time secretary position for the planning program; staff now proposes to fill this position on a full-time basis. The addition of a ranger position was not specifically addressed in the staffing reorganization plan. The position of real property representative has been an authorized position prior to the reorganization plan, but has been filled on a half-time contract basis. If these positions are approved as a part of the budget process, only the planning technician position, which is already filled on a temporary basis as a result of 1993- 1994 budget adjustments, would be filled at the beginning of the fiscal year, April 1, 1994. The other positions would not be filled until July, 1994 or later when there is a level of confidence that the continuing state budget crisis will not significantly effect the District. Positions included in the staffing reorganization plan that staff recommends remain "on hold" because of the District's uncertain funding situation are: Acquisition Administrative Assistant Administration Administrative Clerk (one-half time) Receptionist (one-half time) This year's proposed Preliminary Action Plan includes the following organizational changes in the Planning, Operations, and Public Affairs programs: Planning Program - The program's activities have been divided into two subprograms, Advance Planning Subprogram and Site Planning and Implementation Subprogram. The Basic Policy objective of working with and encouraging private and other public agencies to preserve, maintain and enhance open space has been added as a Basic Policy objective for the Planning Program. Operations Program - The program's activities have been divided into two subprograms, Field Operations Subprogram and Volunteer and Docent Subprogram. Public Affairs Program - The program's Funding Measure Preparation Subprogram has been renamed District Funding Subprogram to reflect its current activities. In addition, it is proposed that the name Administration Program replace the program name of General Management and Program Support. Prepared by: L. Craig Britton, Acting General Manager Randy Anderson, Planning Manager John Escobar, Operations Manager Malcolm Smith, Public Affairs Manager Jean Fiddes, Administrative Services Manager Contact person: L. Craig Britton, Acting General Manager R-94-10 Page 3 PROPOSED PRELIMINARY ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1994-1995 FISCAL YEAR I. OPEN SPACE ACQUISITION PROGRAM II. PLANNING PROGRAM III. OPERATIONS PROGRAM IV. PUBLIC AFFAIRS PROGRAM V. ADMINISTRATION PROGRAM R-94-10 Page 4 OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations and Special Projects B. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District will purchase or otherwise acquire interest in the maximum feasible amount of strategic open space within the District planning areas. General Program Emphasis for 1994-1995 As a result of continuing economic problems in the state and its potential disastrous effect on the District budget and acquisition funding, efforts will focus on the highest priority, most critical projects, while non-grant funded, lower priority projects will be approached on a long-term option or substantial gift-purchase basis. In the event the California Safe Neighborhoods, Parks, Gang Prevention, Tree Planting, Wildlife, Coastal, Senior Center, Park, Wetlands, Rivers, Forest and Land Conservation Act of 1994 (CALPAW '94) is passed by the voters in June, this action plan will be amended to provide for the additional acquisition efforts that will be needed to respond to the more than $35 million in additional grant funds. Staff Resources (Regular, full-time positions, unless otherwise indicated) Assistant General Manager/Land Acquisition Manager Real Property Representative (one-half time contract position, proposed to be reinstated as a regular, full-time position) Research Attorney Secretary ry - Open Space Acquisition R-94-10 Page 5 1994-1995 Negotiations and Special Projects Subprogram Objective To provide for the acquisition of all real property rights necessary to secure a recreational and open space greenbelt in the foothills and baylands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands. Key Projects 1. Conserve Limited Acquisition Funds - Convert the budgeted funds in the New Land Commitments budget category into open space lands, at desirable prices, focusing on the highest priority, most critical properties, which specifically round out and improve public access to existing preserves and/or connect to other preserves or other public lands, balancing the desirability of the potential acquisition with the availability of severely limited funds, including, if possible, private financing with favorable terms. 2. Acquire Options - Continue to obtain long-term options to acquire properties that might be affordable in future years should the District be successful in obtaining additional funding for land acquisition, including possible passage of CALPAW '94. 3. Sell Surplus Properties - Complete a successful auction sale of the "Teague Hill" surplus properties to help fill a critical gap in the District's pledge to Peninsula Open Space Trust to help acquire the former Phleger property in Woodside. 4. If CALPAW '94 is Successful - In the event CALPAW '94 is approved by the voters, return to the Board of Directors with necessary revisions to the action plan in order to carry out the expanded acquisition program made possible by the additional $35 million in grant funds. Other Projects and Activities 1. Help determine the feasibility of approaching the District voters with a plan for additional open space land acquisition funding. 2. Seek and encourage other agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space such as a joint project with the County of Santa Clara. 3. Work with Peninsula Open Space Trust to complete at least one acquisition project that significantly furthers the District's overall open space goals. 4. Maintain a multi-year spending ending Plan for open space acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goals within extremely tight budget constraints. R-94-10 Page 6 5. Explore various alternative terms of purchase (options, installment purchases, defeasible fee, etc.) to offer advantages and incentives to landowners, as well as cost savings to the District. 6. Provide on-going acquisition planning and priorities input. 7. Explore additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and groups, etc.) especially in this year of extremely tight budget constraints. 8. Concentrate acquisition efforts on those parcels that will assist with completion of the Ridge Trail system within the District's sphere of influence. 9. Encourage other agencies to apply for grants that will enhance overall open space goals. 10. Work actively and regularly with District legal counsel to maintain and pursue District's legal program where title to existing District lands are threatened by encroachment, claim of adverse rights, liens or other interference with District's real property rights. 11. Initiate and maintain contacts with landowners, real estate appraisers and brokers, developers, architects, engineers, zoning and planning officials, and financial institutions. 12. Maintain a relocation assistance program utilizing staff and consultants as necessary. 13. Compile current information on real estate market activity, including ordering preliminary title reports on a timely basis for research into potentially available parcels. 14. Catalog information of special interest, such as deed restrictions, encumbrances, financing and tax considerations. This activity includes the establishment and continuation of a working relationship with title companies and other information sources. 15. Investigate, as time constraints allow, the orderly disposition of title and legal encumbrances on District owned lands (mineral and water rights, prescriptive easements, encroachments, etc.). f R-94-10 Page 7 1994-1995 Enterprise Subprogram Objective To manage all of the District's revenue producing activities in such a way as to maximize income from enterprise accounts consistent with Open Space Management policies, incorporating compatible new programs when possible. Key Projects 1. Administer Enterprise Accounts - Administer leases and rental properties, consistent with open space management policies, to maintain and enhance revenue stream through competitive and current rate structure, effective maintenance programs and communication with tenants. 2. Sell Life Tenancies - Aggressively seek opportunities to convert equity in rental properties to capital for land acquisition through development of "lifetime tenancy, or term ownership" program for the former Bean, Landre and Smith houses. 3. Maintain Rental Structures - Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. 4. Evaluate Communication Leases - Complete the evaluation and make recommendations to the Board of Directors on the District's communications leases. Other Proiects and Activities 1. Prepare cost-benefit studies on a case by case basis as major repair, improvement and/or rental decisions arise. 2. Administer leases of additional office space at 330 Distel Circle. 3. Investigate alternative lease arrangements for enterprise accounts, such as longer terms that would enhance net income to the District according to Board policy. 4. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. 5. Modify existing agricultural leases in conjunction with use and management process. 6. Provide information and assistance with historic leases. R-94-10 Page 8 OPEN SPACE PLANNING PROGRAM Subprograms A. Advance Planning B. Site Planning and Implementation To Implement the BASIC POLICY OBJECTIVES: The District will follow a land management policy that provides proper care of open space lands, allowing public access appropriate to the nature of the land and consistent with ecological values. The District will work with and encourage private and other public agencies to preserve, maintain, and enhance open space. Program Emphasis for 1994-1995 Having completed several major infrastructure projects, emphasis will shift from capital improvements to overall policy, regional, and site planning to address long-standing use issues and access opportunities. Continue to develop and improve access to existing District preserves. Expand the regional trail system and local connections. Assist in the formulation of policies to guide the use of preserves. Develop and/or implement guidelines for accommodating use while protecting resources and mitigating conflicts. Staff Resources (Regular full-time positions, unless otherwise indicated) Planning Manager Senior Planner Open Space Planner 11 (2) Resource Planner Planning Technician (I currently; increase to two)* Planning Secretary" *Propose increasing to two positions based on conversion of current temporary position to regular, full-time position. "New position R-94-10 Page 9 1994-1995 Advance Planning Subprogram Objective Assist with the formulation, review, and refinement of policies, plans, and cost estimates for the management and development of District preserves on a regional or District-wide basis. Work with local agencies on joint planning and implementation projects, to share information, and to encourage planning decisions that support the preservation of open space and natural resources. Key Projects 1. Regional Acquisition Studies - Refine the system for evaluating and prioritizing land acquisitions on a regional basis. 2. Resource Management - Develop standards and procedures for applying resource management policies as part of preserve Use and Management Plans in specific restoration projects. 3. Dog Access Program - Guide the review of the District's program for access to dogs, and assist with the implementation of any revisions to the program. 4. G.I.S. Mapping - Continue cooperative efforts with other agencies (Greenbelt Alliance, Santa Clara County, U.S. Geological Survey, Santa Clara Valley Water District, U.C. Berkeley) to create a shared regional computerized map and information database. Other Projects and Activities 1. Track and comment on public plans and issues in and around the District that may have an impact on open space values, such as the San Francisco Watershed Master Plan, Vidovich Quarry development, Highway 92 widening, Mariani Ranch development, and Santa Clara County General Plan update. 2. Assist in the formulation of a cultural resources program to provide better identification and information for cultural resources on District preserves. 3. Participate with Santa Cruz Mountains and Santa Clara Valley Biodiversity Task Force groups, act as clearing house/storehouse for regional resource data. 4. Continue participation in the Bay Area Ridge Trail and Bay Trail Committees. 5. Continue efforts to forge a closer working relationship with staff of Santa Clara County Parks and San Mateo County Parks. 6. Support Acquisition Program by preparing acquisition studies, reports, research, and exhibits. R-94-10 Page 10 7. Support Public Affairs Program by commenting and cooperating on public information materials. 1 8. Continue to actively pursue grants for acquisition, planning, and improvement of sites. 9. Continue Student Internship Program in cooperation with local universities, to provide support for key planning projects. 10. Continue to improve tools and procedures for scoping, scheduling, estimating, and tracking significant planning and capital improvement projects. i i R-94-10 Page 11 1994-1995 Site Planning and Implementation Subprogram Objective Apply policies, prepare and implement plans on a site-specific basis, including capital improvement, repair and restoration projects, and respond to site-specific use and management issues. Key Projects 1. Trail Use Elements - Continue to apply the adopted Trail Use Guidelines to resolve conflicts, provide access information in compliance with ADA Plan. Preserves on the current draft Target Use and Management Review Schedule during this fiscal year include: • El Corte de Madera (3rd quarter 1994 as part of comprehensive plan) • Fremont Older (3rd quarter 1994) • Purisima 4th quarter 1994 • Rancho San Antonio (1st quarter 1995) • Long Ridge (1st quarter 1995) 2. Joint Agency Mitigation Projects - Continue efforts to organize, implement projects such as St. Joseph's Hill Open Space Preserve oak mitigation or Ravenswood Open Space Preserve wetland restoration. 3. Capital Improvement Project Planning and Implementation - Skyline Area • Skyline Ridge - Field office design, technical studies, use permit process; Daniels Nature Center interior improvements design and phase I construction, utility extension; Ridge Trail connection to Long Ridge Open Space Preserve i • Windy Hill - Underground utilities to prepare for staging area construction Foothills Area • Pulgas Ridge - County permit process and obtain easement on San Francisco Water Department land, demolition of the former sewage treatment plant, and staging area construction • Sierra Azul - Mt. Umunhum Area resource background studies, Kennedy Road staging area use permit • St. Joseph's Hill - Reopening and improvement of Old Jones Trail (joint project with Town of Los Gatos), improvements to new Jones Trail I R-94-10 Page 12 Other Projects and Activities 1. Continue the review and update of District signs, maps, and brochures to provide more complete and clear information to users. 2. Initiate staging area and trail projects such as parking and/or restroom improvements at Fremont Older, Purisima, and Windy Hill Open Space Preserves; design upper Monte Bello Road staging area, Monte Bello Open Space Preserve; nature trail and Norton property trail, Russian Ridge Open Space Preserve; Consigny and PacTel joint trail, Picchetti Ranch Area, Monte Bello Open Space Preserve. 3. Continue the review of historic property lease terms to resolve issues of compliance and consistency with management objectives. 4. Depending on grant award, implement Grant House interior improvements at Rancho San Antonio Open Space Preserve. 5. Reconstruct porch on main house at Picchetti Ranch Area, Monte Bello Open Space Preserve. 6. Continue resource management project at Pulgas Ridge Open Space Preserve to remove invasive non-native vegetation, restoring natives. 7. Support Operations Program by responding to specific use and management issues that arise during the year. R-94-10 Page 13 OPERATIONS PROGRAM Subprograms A. Field Operations B. Volunteer and Docent To Implement the BASIC POLICY OBJECTIVE: The District will follow a land management policy that provides proper care of open space lands, allowing public access appropriate to the nature of the land and consistent with ecological values. Program Emphasis for 1994-1995 Continue to provide responsible stewardship of District lands. In accordance with trail use policies and guidelines, increase efforts in public education and volunteer participation. Increase the use of District lands and facilities as an environmental education resource. Traditional operations program activities such as ranger patrol, resource protection, and maintenance and construction responsibilities will continue to demand the majority of the program's resources. Staff Resources (Regular, full-time positions unless otherwise indicated) Operations Manager Area Superintendents (2) Visitor Services Supervisor Support Services Supervisor Supervising Rangers (4) Docent Coordinator Volunteer Coordinator (one-half time) Secretary Rangers (11 currently; increase to 12)* Equipment Mechanic-Operator (1 currently; increase to 2)* Lead Open Space Technicians (2) Open Space Technicians (5) Seasonal Open Space Technicians (5 temporary positions) *Propose adding one ranger position and one equipment mechanic-operator position. R-94-10 Page 14 i 1994-1995 Field Operations Subprogram Objective To provide responsible stewardship of all District lands by furnishing those public safety, maintenance, and resource protection services necessary and appropriate for effective management of District lands. Key Projects 1. Special Use Policies - Develop draft special use policies for Board adoption. 2. Computer-Enhanced Operations - Implement computer-assisted maintenance management and special use permit system to improve efficiency. i 3. Trail Use Guidelines - Continue the implementation of Board-adopted trail use guidelines. 4. Deer Hollow Farm - Work closely with City of Mountain View staff to provide for the continued operation of Deer Hollow Farm. Other Projects and Activities 1. Patrol a. Monitor trail use and related conflicts, and educate the visiting public on proper use of District preserves. b. Enforce District land use regulations by providing active ranger patrol and after hours call-out service as well as gP g implementing patrol agreements with other P agencies. c. Respond to accidents and other emergencies occurring on District lands. P g g i d. Identify and mitigate potential hazards on open space preserves to provide public safety. i e. Monitor special events, use permits, and resource protection related impacts on District lands. f. Review pilot program for ranger bicycle patrol. 2. Maintenance and Construction a. Develop cost effective methods of meeting site maintenance needs. R-94-10 Page 15 b. Implement Use and Management Plan recommendations, as appropriate. c. Maintain lands, buildings, vehicles, and equipment to a safe and appropriate standard of appearance and utility. d. Provide supervision of volunteer projects, support enterprise subprogram field maintenance needs, and assist consultants and contractors with capital improvement projects as necessary. 3. Management and Administration a. Implement and administer revised employee residence program. b. Provide for safe access and site security by negotiating road maintenance and caretaker agreements. c. Coordinate management of District vehicles and equipment, and oversee property management of 330 Distel Circle. d. Develop and implement a site safety inspection system, and coordinate an occupational health and safety program for field operations. e. Develop and revise field operating procedures, and coordinate ongoing training and skills enrichment for field staff. R-94-10 Page 16 1994-1995 Volunteer and Docent Subprogram Objective To encourage active public participation in the maintenance, restoration, and protection of the District's natural resources, and provide cultural, historical, and environmental education opportunities to the public. Key Projects 1. Environmental Education - Explore expansion of the docent program to include a focused environmental education program for school children. 2. Daniels Nature Center - Initiate a series of public nature programs at the Daniels Nature Center as an interim use of the building until funding for the proposed exhibits can be secured. Other Projects and Activities 1. Recruit and train docents and other volunteers, and provide public information about volunteer programs, projects, and events through quarterly newsletters. 2. Coordinate monthly volunteer service projects and short- and long-term special request volunteer projects. 3. Conduct a broad range of public interpretive programs on open space preserves, including developing a docent-led history and nature program at Picchetti Ranch. 4. Coordinate and evaluate the volunteer trail patrol program, and provide ongoing training for trail patrol volunteers and docents. 5. Initiate one "adopt-a-trail" project in both geographic areas of the District to evaluate the potential for developing a formal Adopt-a-Trail program. 6. Work with City of Mountain View staff to explore potential cooperative interpretive programs at Deer Hollow Farm. 7. Conduct a written survey of current volunteers to determine level of satisfaction and potential areas for volunteer program improvement. I R-94-10 Page 17 PUBLIC AFFAIRS PROGRAM Subprograms A. General Public Information and Outreach B. Legislative and Organizational Relations C. District Funding To Implement the BASIC POLICY OBJECTIVE: The District will educate and make clearly visible to the public the purposes and actions of the District, and will actively encourage public communication and involvement in District activities. General Program Emphasis for 1994-1995 Build on the 1993-1994 public affairs activities to expand and continue outreach to a wider public audience, particularly in geographic areas that have previously not been reached with the District messages; continue implementation of the public affairs plan in order to increase the positive perception of the District in the community and with other agencies and organizations. Staff Resources (Regular, full-time positions unless otherwise indicated) Public Affairs Manager Public Affairs Assistant I I i R-94-10 Page 18 1994-1995 General Public Information and Outreach Subprogram Objective To generate additional support among the general public for completing the greenbelt by increasing the positive perception and awareness of the District's mission, objectives, accomplishments, programs, and effective management of public lands and financial resources. Key Projects 1. Annual Report - Publish a District 1993-1994 Annual Report in June 1994, followed by three regular issues of Open Space News. 2. Kids' Art of Open Space - Coordinate a Kids' Art of Open Space project, modeled on the event held in 1993, and consider making it an annual event. 3. Town Hall Meetings - Conduct "town hall meetings" to introduce new general manager and/or to bring information to constituents, including at least one meeting in the Skyline area. 4. Public Event - Organize at least one large-scale District public event, such as a preserve open house or dedication event. Other Projects and Activities 1. Conduct targeted direct mailings of District information in order to maximize the breadth of information distribution. 2. Maximize regular media coverage of District activities and accomplishments. 3. Continue updating site maps, brochures and other collateral materials as needed. 4. Maintain and increase the District's presence in the community through presentations and displays. 5. Work with the District's Visitor Services Supervisor and Operations Manager to develop an environmental education program. 6. Look for additional methods of distributing District materials such as city newsletter inserts, local recreation program guides, or property tax or utility bill inserts. R-94-10 Page 19 7. Increase utilization of Docent program as a channel of information distribution. 8. Continually update slide show to better reflect current activities. 9. Maintain contact with District founders and original supporters in order to solicit support and provide for a founders' recognition program. 10. Further identify and utilize corporate channels of information distribution. 11. Continue providing public affairs services to other programs, ie, attendance and input at meetings, press releases, flyers, displays, trail use guidelines support, mapping, etc. 12. Work with Board members to produce materials describing the historical aspect of preserves. R-94-10 Page 20 1994-1995 Legislative and Organizational Relations Subprogram Objective To preserve existing sources of funding for 1994-95 and future fiscal years and to secure legislation which will generally benefit the District; work towards long-term protection of District's funding sources; and to inform other public agencies and private organizations about the District's activities and goals. K ev Projects 1. Lobbying Efforts - Work with the general manager and the District's Sacramento lobbyist to preserve current and future state funding for the District. 2. Protection Of District Funding - Work with East Bay Regional Park District to provide for long-term protection of District funding, including possible modification of appropriate Public Resources Code sections. i 3. CALPAW '94 - Provide the public with complete information on the benefits and potential impacts on the District of CALPAW '94. 4. VIP Site Tours - Arrange VIP tours of District sites for local elected officials and I staff in the late spring or early summer. Other Projects and Activities 1. Accomplish or make reasonable progress on the priority items in the District's Legislative Program. 2. Work with legislators, legislative committees, state and federal administrators, other agencies, private organizations and interested citizens for information and action regarding state legislation and specific local issues. i 3. Support state or local legislation which will benefit the District. 4. Identify and propose any special projects for which direct state funding may be available. 5. Support legislation towards a simple majority vote for state bond measures. I R-94-10 Page 21 6. Support legislation aimed at exempting from cuts or otherwise protecting the funding for multi-county special districts. 7. Provide support and services for specific District projects such as grant applications, Mount Umunhum clean-up project, etc. 8. Increase contact with other organizations and agencies and encourage them to assist the public in differentiating between agencies, and for the exchange of information, cooperation on special projects and participation in special events such as conferences and seminars, to keep the District informed of current issues. 9. Continue taking an active role in the Bay Area Open Space Council. 10. Provide District information to candidates in the 1994 elections. R-94-10 Page 22 1994-1995 District 1 FundingSub ro ram_p g— Objective To prepare the District to take appropriate action depending on whether or not CALPAW '94 is passed by the voters. Key Projects 1. Public Opinion Poll - Conduct at least one tracking poll to determine progress in District awareness-building and to measure the public's propensity to support a funding measure for the District. 2. Friends of Open Space - Support the establishment of a District Friends of Open Space group that may be the focal point of a future funding campaign. 3. Funding Measure - Coordinate any necessary District activities related to a future funding measure, and work closely with the Legislative, Finance and Public Affairs Committee and the Board on all issues related to a future funding measure. i R-94-10 Page 23 ADMINISTRATION PROGRAM To Implement the BASIC POLICY OBJECTIVE: The staff of the District will administer the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Emphasis for 1994-1995 Instill vision and provide leadership to foster participation and activities to carry out the District's goals and objectives, including implementation of the Strategic Plan. Maintain the District's viability as an open space acquisition and management agency in light of potential reduction of property tax revenue resulting from the state's fiscal crisis. Staff Resources (Regular, full-time positions unless otherwise indicated) General Manager Legal Counsel (part-time under retainer) Controller (one-quarter time) Administrative Services Manager/District Clerk Administrative Analyst Office Manager/Secretary to the General Manager Accounting Specialist Secretary Receptionist (one-half time) II R-94-10 Page 24 1994-1995 Administration Program Objective: To provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives, to implement the Strategic Plan, and to maintain the District's viability as an open space acquisition and management agency. Key Projects 1. District Funding - Pursue legislation and alternative sources to secure existing, as well as additional, funding for the District to maintain its viability and to meet acquisition and open space management needs. 2. Effect of CALPAW'94 - Refocus District's activities as necessary depending on the outcome of the CALPAW'94 vote in June. 2. Joint Meetings - Coordinate joint meetings with the Board of Directors and the Park and Recreation Commissioners and key staff of Santa Clara and/or San Mateo County to discuss topics of mutual interest in each county. 3. Human Resources - Carry out District's personnel and labor relations functions, including continuing implementation of staffing reorganization plan if funding is available. 4. process Acquisition Goals - Refine P Y b which staff and Board members coordinate coo d ate short- and long-term goals and objectives for acquisition. h r Other Projects and Activities 1. Coordinate necessary election services and activities for Wards 1, 2, 5, and 6. 2. Continue to build and refine a management team approach for overall management of the District's activities. Enhance organizational effectiveness through increased communications, staff meetings, retreats, workshops, training seminars, and team building activities. 3. Provide financial management and accounting, including investment of temporarily idle funds, and general legal support to other programs as necessary. 4. Perform administrative and legal obligations as required by State law, promote District's safety program, and oversee coordination of equipment/infrastructure needs at main office. 5. Update Action Plan; prepare, monitor and revise, as necessary annual budget; coordinate program evaluations for Action Plan progress; coordinate preparation and distribution of all materials for Board's regular and special meetings. R-94-10 Page 25 6. Involve Board of Directors in planning of the annual special Board meeting to be held as part of Board's Good Neighbor Policy. 7. Refine and implement a comprehensive risk management program, including a formalized site inspection process. r Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF COMPLETION-OF,CONTRACT AND ACCEPTANCE OF-WORK NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the Midpeninsula Regional Open Space District, as Owner therein and Geotechnica) Management Incorporated as Contractor therein, bearing the date September 1, 1993 for construction of a replacement water system and appurtenant facilities upon lands of said District known as Skyline Ridge Open Space Preserve situated in unincorporated San Mateo County State of California, was completed as called for,and in the manner designated by the plans and specifications by the said Contractor, on the 20th day of January, 1994 . Upon said contract, Amwest Surety Insurance Company was surety on the bond given by said Geotechnica) Management Incorporated the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle Los Altos CA 94022 IN WITNESS WH EREOF, pursuant to the order of the Board of Directors made and given on the 26th day of January, 1994, authorizing and directing the execution of this instrument, the said District has caused these presents to be executed in its name, authenticated by the signature the President of the said Board of Directors this 26th day of January, 1994 , in Los Altos, California. CERTIFY, under penalty of perjury that the foregoing is true and correct. STATE of CALIFORNIA, COUNTY of SANTA CLARA The undersigned, being duly sworn says: that he/she is the person who executed the foregoing; that he/she has read the same and knows the contents thereof, and that the facts stated therein are true. Virginia Babbitt President, Board of Directors Subscribed and sworn to before me on Jean Fiddes, District Clerk and Notary Public 330 Distel Circle • Los Altos, California 94022-1404 • Phone:415-691-1200 • FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert NicKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-04 Meeting 94-02 January 26, 1994 AGENDA ITEM Signatories for Entering District's Safe Deposit Boxes 1 ACTING GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution establishing signatories for entering the District's safe deposit boxes at First Interstate Bank of California in Los Altos. Discussion: The Board needs to amend its signatories for entering its safe deposit boxes as a result of the newly elected Board officers. The following are authorized safe deposit box signatories: Board president and treasurer; acting general manager; and district clerk. Prepared by: Jean Fiddes, District Clerk 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 jeena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-15 Meeting 94-03 January 26, 1994 AGENDA ITEM Notice of Contract Completion for the Replacement Water System,Project at Skyline Ridge Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATION Adopt the attached Notice of Completion of Contract and Acceptance of Work. DISCUSSION At your August 25, 1993 meeting, you awarded the contract for the Replacement Water System Project to Geotechnical Management Incorporated (see report R-93-91). Construction began on schedule in early September, and the project was completed on January 20, 1994. A final inspection with the two engineers involved in the design and construction of the project has been completed. The total approved budget for the entire project was $115,000 ($110,000 for construction and $5,000 for engineering and testing). Actual project costs are $105,413 for construction and $11 376 for engineering and testing, for a total of 116 789. This is an underex nditure of g g g� $ � Pe 4$ 587 in construction and an overexpenditure of $6, 375 in engineering and testing. Some of the overexpenditure for engineering will be the obligation of the contractor. The contractor is responsible for the engineering consultant's time for retests and reinspection of some portions of the project that were not initially installed according to the plans and specifications. The amount billable to the contractor is not known at the time of this writing, but will be available at your January 26 meeting. Approximately ten percent of the construction cost ($10,374) is being withheld from the contractor's billing in accordance with the contract documents and specifications. A check for the remaining amount will be issued in 35 days, which allows adequate time to review evidence that all payrolls, material bills, and other indebtedness connected with the project have been paid. Prepared by: Mary Gundert, Open Space Planner Contact: 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,Nonelte Hanko,Betsy Crowder,Wim de Wit RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING SIGNATORIES FOR ENTERING SAFE DEPOSIT BOXES (FIRST INTERSTATE BANK OF CALIFORNIA - LOS ALTOS) BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does authorize the president and treasurer of the Board of Directors and the acting general manager and district clerk, as indicated on the attached three safe deposit box agreement cards, to enter the District's safe deposit boxes in behalf of the District. rcrZ)ULU t 1UN y4- J.rfr�fyfrec>D &sic SAFE DEPOSIT BOX AGREEMENT—CORPORATION NAME OF� v e,kl C 1-4,ENCY Box No. .�•,;:� SAFE DEPOSIT BOX AGREEMENT : Mid peninsula Regional Open Space District STREET ADDRESS CITY STATE _ ,ZIP CODE TELEPHONE I 1. Terms Fees- Youare renting a safe deposit box for one year.This Agreement will be automatically renewed each year unless you 33A D i s to 1 Circle; Los Altos A notify us otherwise in writing.You agree to pay the annual fee for your box,which must be paid in advance.It the annual RENTAL DATE ANNUAL FEE ACCOUNT NO. T I fee is not paid when due,we may force open your box and dispose of its contents as permitted by law.We reserve the $ - - right to increase the annual fee for fuwre rental Periods and to charge other fees from time to time. `i -We will automatically charge the fees for your box to the account listed above,unless you indicate otherwise t ;.]. Co-Renters. 'by checking this box EI,in which case you will be billed directly. R If there are co•renters,each of you has a right to open the box.Any co-ranter can end this Agreement without notifying : - - - the other(s)and sign our release form("Surrender of Box')on your behalf. - L7JS !v'JC j66Nr ®N RESOLUTION -� f :•:a. Access To Your Box. t ¢+ s Y y posit box during our regular business hours if you show us proper identification r - You may have access to our safe de `"RESOLVED: The Presidernt t ssd/er Treasurer of this Ge.f eratien is autho- rizedg Y P Pe to enter into Safe De a f r.....,,..e�� ,f,- Y and prove to our satisfaction that you have a right to opon the box, Deposit Bohi`Agreements with First Interstate Bank of Calif is on bah of this rDf�alTtt �{�,yy t o S t s. Entering The Vault "FURTHEA RESOLVED:Any one of the following persons may have access to the GeWacztwos' ate deposit box:., - .' You may not enter our vault unless one of our employees accompanies you.We may refuse to allow more than two PRINT NAME SIGNATURE _ - ,J I' people to enter the vault at the same l.me.YOU will be allowed In the Vault for no longer than it takes to Open or close i n•a abbitt. Pr s i d e n t your box.We may require you to carry your box to a room or desk outside the vault You may not remove your box from ElI� our premises. "•1 5, What May Not Be Stored. n `t' You may not place any of the following in your safe deposit box:any liquid,any property of an explosive,dangerous or Ric Mc K i bb i n , Treasurer offensive nature,or any property the possession of which is prohibited by law or regulation,or which may become a L.WE TIFICATION AiDEN NAME nuisance to us or any other renter.If we have reason to believe that any of these items are stored in your box,we have .. i'�• the right to open the box and remove its contents without prior notification.It we do so,we will inventory the contents. 1 The inventory shall be deemed conclusive evidence of the contents of your box. l 6. Hold He—?".raig Britton, Acti ng GM You agree to indemnity,defend and hold us and our employees harmless from and against every claim,demand,action. •SOCIAL. N M P MAIDEN NAM I cost loss.liability and expense(excluding attorneys lees)which we incur by acting in accordance with this Agreement 1 or as a result of your failure to abide by its terms. PRINTM I AYu y. Our Rapondbility. ddes . Dist. We are hired by you only to provide rental space for the storage of your property,It any.In our awls deposit box. + M M R' MAID N NAM TKhnlcally,we are known as a"Bail"for Hire,"which means that we an required only to use ordinary care with respect to your box.You agr"that we will not be liable to you It any unauthorized Person opens your box,a/long sa PRINTM I NATURE We have used ordinary tan to prevent such an xcurrence.11 cornet be presumed that an unauthorized persons opened your box simply because you claim aurnthing Is missing,You agree that In the event M any less.or damage to your box SOCIAL CU t n I ENT( (CATION MOT.IER'I MAIDEN NAME or Its contents,we Win not be liable In you for on any consequential on Incidental damsgea,nor lot any amouRt(s)in a:ease of the lace slue or fair market value of any flem(s)as of the data of loss,nor for any lots or damage caused,directly or indirectly,in whole or In part,by(a)your negligance or taaun to abide by the tames of this agresreent,or(b)accidents, L)iisite re+ fire,flood•water damage(Including lagun of firs suppresuors system,)."Lary,eh6 unrest,war,sets of y "FURTHER RESOLVED:Each of the above-named persons or any officer of tnis..woe.e,wn is authorized to sign the Bank's cauw which Is beyond our reasonabis control.In the event of any loss a damage for which"are Heists w reserve release lorm("Surrender of Box By Corporation")on behalf of this.C.usp�was.on17s y4t.s'a}. the right,In our aole discretion,to(a)pay you the face value or fair market valve Many hems as of the date of lose,or FURTHER RESOLVED:This authorization will remain in force until the Bank receives a written notice of revocation from this (b).place the hems.NOTWITHSTANDING ANY TERM IN THIS AGREEMENT TO THE CONTRARY,YOU AGREE THAT la•OwaFlww at each 0f the Bank's locations where this j$reruawa maintains a safe deposit box," OUR LIABILITY FOR AHY LOSS OR DAMAGE TO YOUR BOX OR ITS CONTENTS,HOWEVER OCCURRING,SHALL NOT EXCEED S5,0W.00.IF YOU WANT TO INSURE WHAT YOU KEEP IN THE BOX,YOU SHOULD CONTACT AN Supercedes Res. 93-17 CERTIFICATION INSURANCE COMPANY. I certify that �-Frr CI<r_h D wiTre�•' L, Lost Keys- -I am the of the 6nrooreeler+named above; You received two keys to your legs.You agree to notify us immediately it a key is bs1 or stolen.You also spree to -The foregoing resolution is are the genuine and accurate statement of a resolution duly adopted by the 6ereMeemn;Ds D}Ts e'f• reimburse us for any expense we Incw in replacing lost keys or forcing open your boat.You must setum all keys to us -The signatures on this card are the genuine and authorized signatures of the person:named in the resolution:and when this Agreement ends. -The resolution is now in full force and has not been revoked or changed in any way. 6. Notiflcatlon 01 Death. , TWO C 1< ­43 If any person with access to your box dies,you agree to notify us Immediately,before any other poison seeks access to���:�� Date the box.We may require you to prove to our tallstaction that you are entitled to the contents of the box before we allowt!r,>Ge Signature I .5 you further access.You agree to Indemnify,defend and hold us and our employees hamlets Irom all claims,demands DI JT Q h e T �s�;;� `{l- damages and costs(excluding attorneys'fees)II we allow you to have further access to the box.We may refuse ACCEPTANCE BY ID RP94AX4001.By signing below,you agree to First Interstate Bank of California's Safe Deposit Box: .p yl, Immediate access If there is a claim to the box or Its contents b the estate or a r Agreement on behalf of the You also acknowledge that you have read and received a copy of its terms. .��.���+� � b �.✓;t y epresentativo of a deceased perwo ��' _..,. who had access 10 the box. Date: 19_, i f•tr-wM� 10.�'Amending/Terminaling This Agr"ment I:i t y- You may terminate this Agreement al an time b noti n us In writing.If you do r' y gr y y !yip g, y so,you will not De entitled to any refund BY:!Signature) Ttle: (y�tw.Zr 4�i ?l of rent.We may amend or terrimate this Agreement at any time,with or without cause by malling or delivering a notice to you. SURRENDER OF BOX BY CORPORATION. t{s'�a fi 111� Your Responsibility At Termination. Box ir was surrendered on 19_.By si ning below,you certify that an property t X'6� rr t; If this Agreement ends for any reason,you must empty your box and return all keys so us.I1 do not em r box of 9 fy Y P pertY t`rv.. J of m nod .*rh-. in the box has been lawfully removed and that the Banx no longer has any liability for the box or its contents, r,I %( �` - renew the rental,we have the right to sorcbly remove the contents of your box and dispose of them as permitted by kw'; s You agree to pay for any damage or cost incurred by forcing open your box due to your failure to pay rant or empty lM �, By:(Signature) y �}'. box at termination, Date Advane Claims. : SPECIAL INSTRUCTIONS. 11 we receive conflicting claims or dernands regarding your box or Its contents,we may refuse!unbar access to the °�:• te��. until we receive evidence or root,sa;isfacto to us.,of each_-f•�sy, -. D ry parser's right to access to the box and remove its con ' Legal Process. ;.s 6.r t•. You agree that we may,without liability to you,comply with any legal process that we believe to be valid and gmnV r+l� access to your safe deposit box whether or not such process Is,In tact,valid.You yap agree to Indemnlfy,defend BrIQr ,. sp use IRxr.sisal I ^4' I Yx,s4� t�.. hold us and our employees harmless from and epairni every claim,demand,ectioq coat,Iola,liability and expense I ,+, , _,. (excluding allomeys'fetal associated with our compliance with any legal process that we believe to be valid _+.� •v'tiSr-. We may delay enforcing our rights under this Agreement without waiving them.A weever of any right by us shell not lea Open Space MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: January 26, 1994 SUBJECT: FYI t JAA 1 199 4 MARY P PAINE 290 MAPACHE DRIVE PORTOLA VALLEY, CA 94028 January 18, 1994 Mr. Malcolm Smith Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Malcolm, Thank you so much for your excellent presentation today at Sunset Magazine. I know there were many members of the Woodside Atherton Garden Club who discovered there is lots to be learned about using our Regional Parks and very much to be learned about their future and history. Your selection of slides and your commentary was exactly what I had hoped for and from the feedback I heard, you were a big hit! I do apologize for having you wait so long in the sound proof projection box. If I had realized how long the delay would be you certainly could have strolled in the garden or at least been offered a chair! In any case I hope you were able to attend the second half of today`s conference and enlighten them as much as you did us. Best of luck to you in your P. R. role and to the District in the coming year. It was a pleasure working with you. Very sincerely, Mary P.\Paine' WAGC Conservation Committee SAN MATEO 4 N 2 1994 O LOCAL AGENCY FORMATION COMMISSION COUNTY GOVERNMENT CENTER REDWOOD CITY, CALIFORNIA 94063 (415) 363-4224 January 20, 1994 Santa Clara Local Agency Formation Commission County Government Center 70 W. Hedding St. , llth Floor San Jose, California 95110 SUBJECT: Proposed Annexation of Midpeninsula Preserves 1993- Russian Ridge to the Midpeninsula Regional Open Space District Members of the Commission: Your staff recently referred to this Commission the referenced proposal for annexation of 70 acres in San Mateo County. The proposal was referred to this LAFCo for a hearing and recommenda- tion in accordance with the procedure established by the two Commissions in 1985. The San Mateo Local Agency Formation Commission considered the proposed annexation at a public hearing on January 19, 1994 . At the conclusion of the hearing, the Commission voted to recommend that your Commission approve the annexation. The attached LAFCo staff report contains the information from San Mateo County agencies that you will need to proceed with the proposal. The Commission directed me to notify you of its recommendation and also to express its appreciation for your involving San Mateo LAFCo in the review process. Sincerely, William D. Davis Executive Officer WDD/mp Attachments cc: Autumn Arias, Assistant Executive Officer, Santa Clara LAFCo Craig Britton, Acting General Manager, MROSD COMMISSIONERS: Public Member Mary W.Henderson,Chairman • Council Member Malcolm H.Dudley,Vice Chairman Supervisor Ruben Barrales • Supervisor Tom Huening • Council Member Gary A.Orton ALTERNATES: Supervisor Ted Lempert • Council Member Steven W.Waldo • Public Member Joseph Zucca OFFICERS: William D.Davis,Executive Officer • Mary K.Raftery,Legal Counsel Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 20, 1994 Director Ken Munechika NASA Ames Moffett Field, California 94035 Dear Director Munechika, I would like to welcome you to your new position at NASA Ames and take this opportunity to familiarize you with our long standing relationship as neighbors. The Midpeninsula Regional Open Space District is a public agency that acquires and mangages public open space in the baylands and foothills in a region extending from San Carlos to Los Gatos. Along with other public agencies we own and manage parkland and open space preserves near Moffett Field and have worked diligently to connect these public lands with the San Francisco Bay Trail which was established by state legislation in 1987. Over the past decade, we have focused our planning efforts on implementing the critical link of Bay Trail that will connect Sunnyvale Baylands Park to Shoreline Park at Mountain View. In conjunction with the South Bay Ad Hoc Committee (see attached list of participants), we have encouraged NASA Ames to include the Bay Trail in its current planning efforts. District staff has followed the planning process closely and, at our January 12 public meeting, conveyed to our Board of Directors the status of the Moffett Field Comprehensive Use Plan. In response the Directors adopted the attached Resolution 94-04. A copy of the staff report has also been included which served as a basis for the resolution. We have appreciated the opportunity to work with representatives from NASA Ames and the South Bay Ad Hoc Committee in implementing this vitally important regional trail project. We hope the spirit of cooperation between NASA Ames and trail advocates will be strengthened over the years to come and the Bay Trail segment between Sunnyvale Baylands Park and Shoreline Park at Moutain View will become a reality. tS' c ly, L. g Britton Acting General Manager cc: Jill Keimach, San Francisco Bay Trail Project Sandra 011iges, NASA Ames Research Center 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 I lewhaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Spade MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, Acting General Manager DATE: January 21, 1994 SUBJECT: FYI I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: January 19, 1994 To: Interested Persons From: Midpeninsula Regional Open Space District Staff Re: Meeting to review management actions and trail plans, El Corte de Madera Open Space Preserve DISTRICT MANAGEMENT ACTIONS: You probably have seen the flyers and notices posted recently at the preseve regarding trail use designations. This action is necessary to comply with our general resource management resonsibilities and our specific trail use policies and guidelines. Only the most hazardous and/or environmentally-sensitive trails will be physically closed, although we ask for your cooperation in staying off trails that are not specifically signed and shown on our map. THE NEXT STEPS: Over the next several months the District will be inventorying and studying the trails, and overall conditions and use opportunities in the preserve. We are preparing a comprehensive use and managment plan, which is scheduled to"be reviewed and adopted by the third quarter of 1994. This planning is standard procedure for all our preserves. As part of this plan a determination will be made as to which trials will be officially designated as open. Due to the increasing use of this new preserve we have accelerated this planning process as much as possible. There will be an on-site public workshop and a formal public hearing as part of the planning process. FIELD STUDY SESSION SCHEDULED: While we are in the P Y stages es of g preparing this use and management plan and are not yet ready to debate about specific trails, the District wants to be sure that users have an opportunity to express their opinions and understand I our reasons and objectives. We will hold a field study session at the site to explain our policies and planning process and to listen to opinions and answer questions. The study session will be held at the Gordon Mill trailhead at 10:00 a.m. Saturday February 26. If the weather is bad we have a rain date of Saturday March 12, same tune and place. If the weather is still bad we'll go to Saturday March 19. If the weather has been or is bad please call (415) 691-2153 ext.611 between 8 a.m. and 10 a.m. the morning of the meeting to confirm that the meeting is oil. 330 Distel Circle Los Altos, California 94022-1404 Phone: 41 5-691-1200 FAX: 415-691-0485 Board of Ohec'tors:Pete Siemens,Robed M(Kibhin, Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit i Bay Area Open Space Council Summary Report The Cost of Developing Open Space Case Study: Fiscal Impacts for San Jose The fiscal impact of development is a central issue for Bay Area decisionmakers. Impacts are usually analyzed on a project-specific basis. Recently, however, the City of San Jose looked at the broader public policy question: what are the fiscal impacts of infill development, compared to the conversion of open space. Key findings of the analysis include: 11 Development of open space lands beyond the urban edge resulted to significant negative fiscal impacts, primarily because of much higher costs for fire and police service, and for new r6ads. Infill development generated the greatest fiscal surpluses because it could be served with existing service capacities to some degree. E] Fiscal surpluses from non-residential development are typically needed to offset fiscal deficits from residential development. However, even though the infill development alternative that was studied contained 35 percent more housing than the open space development alternative (with the same number of new jobs), it still had the best fiscal impact on the City overall. El 1-ligher income housing is generally more fiscally favorable than moderate income housing. However, because of more efficient government services, infill development produced substantially more moderate income housing than open space development, yet still had the best fiscal impact on the City overall. Source: San Jose 2020 General Plan Update Fiscal Impact Analysis, prepared by Economic and Planning Systems, Inc., April 1993. For more information, contact the Open Space Council at (415) 543-4291 Claims No. 94--02 Meeting 94-03 Date. Jan. 26, 1994 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # mount Name Description ---------------------------------------------'-------------------------------------------------- 5267 100.00 Acme & Sons Sanitation Inc. Sanitation Services 5268 42.00 American Society of Landscape Subscription Architects 5269 86.18 American Welding Supply Welding Supplies 5270 143.68 Artech Laminating Laminating Supplies 5271 193.17 Bay Microfilm, Inc. Equipment Repair 5272 70.38 Best Sanitation Sanitation Services 5273 293.40 Binkley Associates Consulting Services--Water System 5274 280.00 Bohley Maley Associates Land Survey 5275 153.79 California Water Service Water Service 5276 427.50 Campbell Towing Service Towing Services 5277 33.99 Central Stationers Office Supplies 5278 72.67 Sheryl Marioni Cochran Private Vehicle Expense 5279 350.00 Council on Education in Management Seminar Registration--E. Johnson 5280 9,153.19 Craftsman Printing Printing 5281 28.73 Crest Copies, Inc. Bluelines 5282 168.96 Dorfman Pacific Company, Inc. Uniform Expense 5283 60.98 Emergency Vehicle System Vehicle Repairs 5284 13.00 Federal Express Corporation Express Mail 5285 3,592.25 First Interstate Bank Note Paying Agent 5286 225.67 Franciscan Glass Company, Inc. Window Repairs 5287 19.33 G & K Services Shop Towel Service 5288 2,493.82 Gould Architects Consulting Services--Mt. Umunhum 5289 39.69 Home Depot Ranger Residence Repairs 5200 6,218.04 Hughes, Heiss & Associates Professional Services 5291 214.30 Kaiser Cement Corporation Base Rock 5292 179.12 Dennis Kobza & Associates, Inc. Architectural Services - 100.00 La Honda Vista Water Company Water Service 5294 320.86- Langley Hill Quarry Base Rock 5295 60.00 The Last Detail Poster Proofreading 5296 47.88 Judy Law Private Vehicle Expense 5297 181.81 Lexington Quarry Base Rock 5298 473.00 Los Altos Garbage Company Dumpster Rental 5299 100.75 Mailing List Resources Mailing List 5300 282.15 Metro Newspapers .Advertisement 5301 500.00 Metro Real Estate Research Appraisal Services 5302 69.45 Mission Valley Ford Vehicle Part 5303 267.19 Monogram Sanitation Sanitation Chemicals 5304 25.00 Motorola Antenna Site Rental 5305 3089.97 Murray & Murray Legal Services 5306 55.00 National Recreation & Park Subscription Association 5307 459.93 Office Depot Office Supplies 5308 406.56 Orchard Supply Hardware Field Supplies 5309 4,000.00 Pacific Meridian Resources Appraisal Services 5310 45.09 Precision Engravers, Inc Name Badges 5311 99.00 Fred Pryor Seminars Registration--K. Hart 5312 497.95 Quick Silver Printing Printing 31.3 46.91 Regal Dodge Vehicle Part 5314 56.81 Roberts & Brune Company Field Supplies ' ` Claims No. 84-02 ~� Meeting 94-03 Date: Jan. 26, 1894 MIIUPENINSCXA Bl0GlC8NAL OPEN SPACE DISTRICT # &umzmot Name Description ---------------------------------------------------------------------------------- -------------- 53�5 �51.�S &o�'o Repair Service Vehicle Repairs and Maintenance 5316 486.87 S & YV Equipment Company Equipment Repairs and Rentals 5317 524.18 San Jose Blueprint 8lueliuoo 5318 343.48 Sao Jose Mercury News Advertisements 5319 153.66 Skyline 9Vutor District Water Service 5320 116.86 State Board of Equalization Diesel Fuel Tax 5321 245.84 The Stove Works Wood Stove Pipe and Supplies 5322 24.84 Summit Uniforms Uniform Expense 5323 55.00 Sunnyvale Medical Clinic, Inc. Medical Services 5324 75.20 Taylor Rental Equipment Rental 5325 1,160.44 Teater & Etc. Sign Layout 5328 523.00 Tberma, Inc. Hot Water pomp Replaced 5327 2,225.62 Tomlinson, Zisko, &8uroauli /kMaser Legal Services 5328 2,000.00 Tuff Shed, Inc. Shed � 5320 211.32 University Art Center Frames and Drafting Supplies 5330 60,00 Valley Title Company Preliminary Title Report 5331 155.88 Value Business Products Office Furnishings � 5332 45.47 West Coast Ilebmr Company Bebur--Alpine Pond Bridge � � � � � � ^ _ , - ~ , ' `^ - Claims N. 94-02 Meeting 94-03 Date: Jan. 26, 1994 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description ------------------------------------------------------------------------------------------------ 5267 100.00 Acme & Sons Sanitation, Inc. Sanitation Services 5268 42.00 American Society of Landscape Subscription Architects 5269 86.18 American Welding Supply Welding Supplies 5270 143.68 Artech Laminating Laminating Supplies 5271 193.17 Bay Microfilm, Inc. Equipment Repair 5272 70.38 Best Sanitation Sanitation Services 5273 293.40 Binkley Associates Consulting Services--Water System 5274 280.00 Bohley Maley Associates Land Survey 5275 153.79 California Water Service Water Service 5276 427.50 Campbell Towing Service Towing Services 5277 33.99 Central Stationers Office Supplies 5278 72.67 Sheryl Marioni Cochran Private Vehicle Expense 5279 350.00 Council on Education in Management Seminar Registration--E. Johnson 5280 9,153.19 Craftsman Printing Printing 5281 28.73 Crest Copies, Inc. Bluelines 5282 168.96 Dorfman Pacific Company, Inc. Uniform Expense 5283 60.98 Emergency Vehicle System Vehicle Repairs 5284 13.00 Federal Express Corporation Express Mail 5285 3,592.25 First Interstate Bank Note Paying Agent 5286 225.67 Franciscan Glass Company, Inc. Window Repairs 5287 19.33 G & K Services Shop Towel Service 5288 2,493.82 Gould Architects Consulting Services--Mt. Umunhimr 5289 39.69 Home Depot Ranger Residence Repairs 5290 6,218.04 Hughes, Heiss & Associates Professional Services 5291 214.30 Kaiser Cement Corporation Base Rock 5292 179.12 Dennis Kobza & Associates, Inc. Architectural Services 5293 100.00 La Honda Vista Water Company Water Service 5294 320.86 Langley Hill Quarry Base Rock 5295 60.00 The Last Detail Poster Proofreading 5296 47.88 Judy Law Private Vehicle Expense 5297 181.81 Lexington Quarry Base Rock 5298 473.00 Los Altos Garbage Company Dumpster Rental 5299 100.75 Mailing List Resources Mailing List 5300 282.15 Metro Newspapers Advertisement 5301 500.00 Metro Real Estate Research Appraisal Services 5302 69.45 Mission Valley Ford Vehicle Part 5303 267.19 Monogram Sanitation Sanitation Chemicals 5304 25.00 Motorola Antenna Site Rental 5305 3089.97 Murray & Murray Legal Services 5306 55.00 National Recreation & Park Subscription Association 5307 459.93 Office Depot Office Supplies 5308 406.56 Orchard Supply Hardware Field Supplies 5309 4,000.00 Pacific Meridian Resources Appraisal Services 5310 45.09 Precision Engravers, Inc. Name Badges 5311 99.00 Fred Pryor Seminars Registration--K. Hart 5312 497.95 Quick Silver Printing Printing 5313 46.91 Regal Dodge Vehicle Part 5314 56.81 Roberts & Brune Company Field Supplies I | . . Claims . 94-02 Meeting 94-03 Date: Jan. 26, 1994 . REVISED , KdIIDENINSUlA REGIONAL OPEN SPACE DISTRICT Description # Amount Name --------------------------------------------------------------------------------- � ______________ 5315 151^49 Doy'o Repair Service Vehicle Repairs and Maintenance� 5316 468.87 S & N Equipment Company Equipment Repairs and Rentals 5317 524.18 Sao Jose Blueprint BIueliueo 5318 243.48 Sao Jose Mercury News Advertisements 5313 153.66 Skyline Water District Water Service 5320 116.96 State Board o� Equalization Diesel Fuel Tax ^ Wood Stove Pipe and Supplies ��21 ��5.G4 ��� Stove Workso 5322 24,84 Summit Uniforms Uniform Expense 5323 55.00 Sunnyvale Medical Clinic, Inc. Medical Services 5324 75.20 Taylor Rental Equipment Rental 5325 1,160.44 ��uter & �tc. Sign Layout Hot Water �uo� Replaced 523.00 Tbern�', Inc. 5327 2,125.62 Tomlinson, 2iy&o, K8mromoli & Maser Legal Services 5328 2,000.00 �u�f Shed, Inc. Shed Frames and Drafting Supplies 5320 211.32 University Art Center F r 5330 60.00 Valley Title Company Preliminary Title Report 5331 155.88 Value Business Products QYIioe Furnishings � 5332 45 47 Neot Couot Ilebar Company Be�ur--Alpine Pond Bridge � 5333 805`00 San Jose State University ge�iatratiou--D.Daoie}yon, J.Eocohxr, ^ , � , and D �mo�uioetti �ole�m� Foundation . . � T.[uuatcu � 5334 13,115.70 Mike Tobar Excavation Demolition--Booking Building Complex � 5335 1,500.00 �uat��e �� 9boo� Postage � � ���o�i�tb Anniversary {lemo�uition � 5336 250.00 Stanley Norton` Conference and Seminar Registrations, 53�? �87 89 PettyCash � ~ Field, 0CYioe and Drafting, Supplies, Local and Out-of-Town Meeting Eupeooea,and Private Vehicle Expense � � � � � � � � � �