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19940525 - Agendas Packet - Board of Directors (BOD) - 94-16
Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 94-16 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California May 25, 1994 (6:30) ROLL CALL STUDY SESSION Review of Areas of Agreement Regarding District Policy, Goals and/or Objectives Not Discussed at January 22 Goals and Objectives Workshop (7:30) ** ORAL COMMUNICATIONS -- Public SPECIAL ORDERS OF THE DAY 1. Resolution Commending and Congratulating the Trail Center on Its Tenth Anniversary -- C. Britton 2. Presentation by Students from Duveneck Elementary School -- T. Henshaw (7:45) ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- G. Babbitt *** APPROVAL OF MINUTES May 14, 1994 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:50) 1. Proposed Addition of Faler Partial Property Interest to Sierra Azul Open Space Preserve -- C. Britton Resolution Authorizing Acceptance of Quitclaim to District, and Authorizing General Manager to Execute any and all Other Documents Necessary or j Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Faler) (8:00) 2. Mt. Umunhum Building and Infrastructure Assessment - Initial Report -- R. Anderson (8:39) 3. Status Deport on Proposed Sale of Surplus Land at Teague Hill Open Space Preserve and Presentation Draft Prospectus Offering Sale Approach -- R. Anderson 330 Distel Circle Los Altos, California 94022-1404 f Phone: 415-691-1200 e FAX: 415-691-0485 iq Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton (8:45) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION 1. Public Employee Performance Evaluation (Government Code Section 54957) Title: General Manager 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 then 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. 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 o J2 us f the Public mjU request under oral communications that an item be removed from the consent calendar. NOTICE OF PUBLIC MEETING The Legislative, Finance, and Public Affairs Committee will meet on Thursday, June 9, 1994 at 4:30 P.M. at the District office. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-61 Meeting 94-16 May 25, 1994 AGENDA ITEM �V — Study Session - Review of Areas of Agreement Regardin District Policy, Goals and/or Objectives Not Discussed at January 22 Goals and Objeh'ves.. orkshop e GENERAL MANAGER'S RECOMMENDATION No action recommended at this time. Based upon your discussion, an additional study session may need to be scheduled and/or follow-up assignments may be made to appropriate Board committees or staff. DISCUSSION You adopted follow-up action and projects based on your January 1994 goals and objectives workshop at your March 9, 1994 meeting (see report R-94-26). The report called for the scheduling of a one-hour study session in April or May to revisit the nine statements in the survey where there was general Board agreement to make certain that all Board members interpreted the statements in the same way. The nine statements to be reviewed by the Board are listed below, as are the survey results for each statement. Strongly agree, agree, undecided, disagree, and strongly disagree were the response choices for each statement. A. The long-term goals and objectives of the District are clear. Strongly Agree: 2 Agree: 4 Disagree: 1 B. The District should continue to acquire suitable open space lands while gradually expanding public access. Strongly Agree: 4 Agree: 3 330 Distel Circle . Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 Board of Dire(tors:Pete Siemens,Robert M(Kibbin,Teena Menshaw,Ginny Babbitt,Nonette Nanko,Betsy Crowder,Wim de Wit R-94-61 Page 2 C. The Districts maximum level of development should normally s ou dbe limited to P in f r 'construction o trails areas and restrooms. � parking Strongly Agree: 4 Agree: 2 Strongly Disagree: 1 with comment that this would rule out other things such as nature center D. The District should expand its environmental education program to reach a majority of school-age children within the District. I Strongly Agree: 1 Agree: 6; three comments noted: 1) over a period of 20 years; 2) referred to expansion of interpretive programs statement, noting that the District should expand its interpretive programs "only in connection with" expanding its environmental education program for children; and 3) changed statement to "should research its environmental education program...", then marked agree. E. Acquiring land in the Bay Trail and Ridge Trail corridors should be a high priority for the District. Strongly Agree: 1 Agree: 5 Disagree: 1 F. The current pace of trail development is adequate. Agree: 5 Disagree: 1 One Board member did not respond to the statement. G. The District should expand its interpretive programs. Strongly Agree: 1 Agree: 6; three comments noted: 1) 1 ?"; 2) rewrote statement to say "should explore expanding its interpretive programs"; and 3) only in connection with "D" above. H. The focus and direction of the District's community and public affairs is appropriate. Strongly Agree: 1 Agree: 5 Undecided: 1 I R-94-61 Page 3 I. The District should continue its active role in regional open space issues. Strongly Agree: 1 Agree: 4 Undecided: 1 One Board member did not respond and wrote comment "only if it doesn't get in way of educating our own constituents". Prepared by: Jean H. Fiddes, Administrative Services Manager Contact person: L. Craig Britton, General Manager NSE ACTION PROPOSED BY STAFF a__.d President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached T TT Staff Directed to Prepare Draft ,1411 Responssee for for Board Considerat?=a per Board Directive(s)OFFICES OF No Response Necessary COW ♦S� ill Facsimile (415) 691-N 'M Original Via Courier 1XVBIR P PL LOGMt ' Isala�a��at,suns�ns � idtt JQB�,CA 931ta•55i6 CRX,6PBONB •�6.,�p7,$Ih5 !6CSIMILB 40&280.I749 May 25, 1994 tir and Members of the Board of Directors Midpeninsula Regional open Space District 330 Distel Circle Los .Alta, CA. 94022-1404 Re: Agenda Item. R-9 Dear Chairman. and Members of the Board: My client, I== McQueen, is pleased to see that the cleanup and future P&=ffig for the Mt. Umunhum &C ity is finally moving forward. Because Mr. McQueen has significant land holdings that surround the site, he* of course,very interested in the processing of the studies and the final use of the site. We have reviewed the report prepared by Could Assoclues and want to tfer Our input on some related matters. My client has been led to believe that the District is seriously coxSidering leasing part of the old air force site for communications purposes. As you may know, my clients' livelihood, and the Purpose for which be uses his property on Mt. Umunbuna is communications facilities. Therefore, it should Borne as no s4rise that he is hesitant to assist the District in seeing proposals that will directly compete with him. If the District is not pursuing the option of establishing a =nmunication facility, either direcly or by way of lease or other means, and will confirm this as such, we can put this matter to rest Mr. McQueen has offered to allow access across his property to the Army Corps of Engineers, if the District will use its brusher to clear the read to 'payer. Without the clearing the road is unsafe to use. The Corps cannot hold my client harmless because of federal anti-deficiency laves. 'Therefore, it is only reasonable that the District do whatever it can to minimize the potential liability to W. McQueen by allowing the Corps access across his property. The access/road clearing issue is further exacerbated by the District's refusal to clear the road uuless Mr. McQueen first gives access to conduct the studies which, as indicated earlier, may result in establishing a competing business. i i i i hfidpenWsula Regional Open Space District May 25, 1994 Page 2 The inwutory listed in the Gould report includes a water storage teak (item W, page 10a). Both the tank and the underlying property are owned by N& McQueen. The Gould report used an old air force map of the fumty that did not reftect a contracbW agreement between the air force and Mr. Ak<)RfttL When the air force abandoned the fikellities, the tank and land reverted bade to MY client Your records should be corrected. Now that the District is moving forward, please send us copies of all public records related to the Mt Umunhum prujoct as they axe produced. This includes both the cleanup and Aiture, use. We would also Dike to be placed on your mailing list for all meetinp and worlahops on these matters. 'bank you for your cooperation. S, 1� yoours, "Y u obe J. Logan RX/kI cc: McQueen "V0011 xwasovw kqalE� C :& 0 -T76 *4k Open Space ------------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-62 Meeting 94-16 May 25, 1994 AGENDA ITEM Proposed Addition of Faler Partial Property Interest Sierra ul Open Space Preserve GENERAL MANAGER'S RECOMMENDATION 1. Adopt the attached resolution authorizing purc ase of the Faler property interest. 2. Reaffirm your adoption of the Preliminary Use and Management Plan for the former Sciarrino property, and adopt the revised recommendations contained in this report, including naming the Faler property an addition to Sierra Azul Open Space Preserve. 3. Reaffirm your intention to withhold the property from dedication as public open space at this time. ' DISCUSSION The 35-acre Faler (Sciarrino) property is located southwest of Bald Mountain in the headwaters of Herbert Creek. This acquisition is the remaining one-eighth interest in the 35- acre parcel that was designated as Parcel Two when it was acquired from Richard Sciarrino in 1989 (see attached report R-89-53). Although Mr. Faler clearly purchased a one-eighth interest in the Sciarrino partnership, there was no recorded interest in the land. In the earlier acquisition, the District purchased all of Mr. Sciarrino's interest in the property, paying seven-eighths of the value to account for the one-eighth interest in the Sciarrino partnership still held by Mr. Faler. This acquisition conveys to the District all of Mr. Faler's interest in the property and resolves any question as to the nature and extent of his rights in the property. There is a trailer and a small substandard cabin on the property area claimed by Mr. Faler. The cabin is used on an occasional basis by Mr. Faler for recreational purposes. Under the terms of the purchase agreement, Mr. Faler will continue to have the use of this cabin and the immediately surrounding grounds for one year. At the termination of the one year lease, the cabin and any remaining debris will be removed. Approved of Preliminary Use and Management Plan (Sciarrino Property,) Signs: Install District boundary plaques and private property signs where appropriate. Roads: Maintain the section of Mt. Umunhum Road that crosses Parcel One for patrol purposes and allow public non-vehicular access. Roads on adjacent parcels are similarly maintained. 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 General Manager:L.Craig Britton R-94-92 Page 2 Site Clean-up: The District will arrange for the removal of the shed on Parcel One. The seller is required to remove all other personal property items from Parcel One on or before sixty days following the close of escrow. Staff will monitor the progress of clean-up. Revised Preliminary Use and Management Plan Recommendations The proposed changes to the existing Preliminary Use and Management Plan are as follows: Signs: Install private property, lease area, and preserve boundary signs where appropriate. Clean-up: Monitor the condition of improved area at end of lease-back term. At end of term any remaining structures will be removed by the District. TERMS Although the nature, and therefore the value, of the seller's interest in the property is a matter of interpretation, the purchase price of $30,000 is fair and reasonable under the circumstances. This purchase resolves what would otherwise certainly become the subject of costly litigation. The purchase price represents approximately one-eighth the fair market value of the property, taking into account the improvements made by Mr. Faler. The cabin site will be leased back to Mr. Faler, rent free, for one-year, to allow for an orderly removal of his property. Mr. Faler must name the District as an additional insured and is responsible for all costs of occupation, including any taxes. The District will retain a $500 deposit to ensure that the property is left in a neat and clean condition at the end of the lease term. The seller is permitted, but not required, to remove any and all improvements prior to the end of the lease term. Prepared by: Diane Blackman, Research Attorney L. Craig Britton, General Manager Contact person: L. Craig Britton, General Manager R-89-53 I At, (meeting 89-08 yer March 28 , 1989) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT March 15 , 1989 Ecard of Directors Grench, General Mlanager 'ZPD—S-13IIJITY AIZ PREPARATION: C. Britton, Land Acquisition Manager; D. Hansen, Land Manager; S . Marioni , Associate Open Space Planner; C. Bruins , Administrative, Assistant Proposed Addition of Sciarrino Property to 14t . Umunhum Area of Sierra Azul Open Space Preserve Act-ions - -t the accompanying Resolution of the Board of Directors of the .—peninsula Regional Open Space District Authorizing Acceptance of 'P-rchase Agreen,,ent , Authorizing officer to Execute Certificate of of Grant to District, and Authorizing General Manager to A-Y and C'%ll O'her Documents Ilecessary or Appropriate to 7 :.sing of the Transaction (Sierra Azul Open Space Preserve, Lands of S :-_arrino) _-� tively :dope the Prelim inary Use and Management Plan . recommen- a= --t-ons contained in this report , including naming the property as an � -_:_`_: tion _o the 'Mt . 'Umunhum Area of Sierra Azul Open Space Preserve . 3 . 7n_Z4Cate your intention to withhold the property from dedication as o_7 ic open space at this time . !D=posed acquisition consists of approximately 195 acres of chaparral c:�-.-e-red' land located southwest of Bald Mountain in the headwaters of Greek . 14t . Umunhum. Road passes through the northwest corner of L:==ty for a distance of approximately one-quarter of a mile . -and borders the property to the north. As shown on the attached zne proposed acquisition includes the following: Parcel One : of fee title to 160 acres and Parcel Two: acquisition of --4 -,hths interest in the remaining 35 acre parcel . _ r=_ erty Identification F-rc-perty owner : Richard Sciarrino 195 . 13 acres ( 160 acres fee title , 35 . 13 acres 7/8 interest) 5 311 Page ,two 2 . ?--ration and Boundaries -Iional setting: In unincorporated Santa Clara County, south of Mt. nhu- Road and Bald Mountain access : Mt . Ununhum Road -�clundari=- s : District land borders the property to the north and a of the west side . Private parcels border the property on the sides . --by lands : Portions of the Mt. U.munhum Area of Sierra Azul _-n u ace Preserve surround the property. Santa Clara County ' s :%_, _aden -;quicksilver Park is about two miles northeast . Ne-arby landmarks : Bald Mountain and Mt . Urr.unhum are located less than m northeast 'a-nd northwest, respectively 3 . _sroqra�ny and Hydrology topographic features : A prominent ridge runs east-west ' cng t_`-e Southern portion of the property tf-n range : Elevations range from 1 , 640 feet near the eastern .Indar-: to 2 , 630 feet near the northwest corner 7._ z;pe S7:eepness : Steer, averaging 50% to 60%, except -on the ridge Sl:,,pes average 25% Primarily south and east facing The property forms a portion of the Herbert Creek An intermittent stream located in the middle of the drains into Herbert Creek. A tributary of Herbert Creek :---%Ws sc-__h along the west property line . The property receives frc- a year-round spring located on adjoining District land. and, soils 'Z:_, smol-_qy : The Soda Spring Fault appears to cross the southwest ✓crner cf the property. The San Andreas Fault zone is located in the _,;s Gatos Creek Canyon about one and one-half miles to the south. �7c=1 C 7 S --- ification: T4,avmen-Los Gatos-Gaviota association, 309s to 759,,, S'-,il, stability : Highly erodible -7iDra anA Fauna Cc:=unities : Chaparral flora : Manzanita, chamise , yerba santa, scrub oak , Coulter ie, madrones , baccharis , Douglas fir, and laurel along the creek Deer , bobcat , and feral pig P-89-53 Page three G . Visual Qualities Viewshed : Property contributes to the scenic backdrop of the Herbert Creek watershed Vistas : Views extend across the Herbert Creek watershed to Bald Mountain and Loma Prieta 7 . :existing Improvements Mt . Umunhum Road crosses the northwest corner of the property. An unimproved access road begins on adjacent District land and follows the ridge down through the property. There are two gates along the upper section of the road. A travel trailer and a 10-foot by 20-foot storage shed are located adjacent to the road on Parcel One. There are also two bulldozers , a small water tank, metal drums , and other miscellaneous materials . All of these personal property items will be removed by the seller as part of the purchase agreement . The District will be responsible for removing the shed. Parcel Two contains a wood-frame summer cabin and a truck trailer used for storage . These items belong to the owner of the remaining one-eighth interest in the property and may remain on the site . S . E--ristinq Use .-arcel One is currently unoccupied. Parcel Two has a cabin that is occupied on an occasional basis . 9 . Planning Considerations Political boundaries : Outside District boundaries but within the District ' s sphere of influence, in unincorporated Santa Clara County Zoning: Hillside; requires a 20 to 160 acre minimum lot size, depending on slope 11'aster Plan rating: Not rated, similar areas nearby rated medium to low for composite open space resource value Use and Management Plan review: Anticipate review in April , 1989 Regional plans : The property lies within the Ridge Trail corridor proposed by the Bay Area Ridge Trail Council . 10 . Potential Use and Management a . Umunhum Road will become the major access to the sum-nit areas of Sierra Azul Open Space Preserve . The existing road along the ridge could become a future trail route into the Herbert Creek corridor. This would provide visitors with views of Bald Mountain and Loma Prieta . The property could also provide a segment of the proposed Bay Area Ridge Trail . R-89-53 Page .four . '.=_relinninary Use and Management Recommendations Install District boundary plaques and private property signs where appropriate . sad s Maintain the section of Mt . Untunhu.m Road that crosses Parcel -'ne f patrol purposes and allow public non-vehicular access . Roads for pa;.. - purposes c- adjacent parcels are similarly maintained. Sire Clean-up: The District will arrange for the removal of the s`,ed on Parcel One . The seller is required to remove all other p.ersonal pr--pezty items from Parcel One on or before sixty days -7-1-owing the close of escrow. Staff will monitor the progress of clean-up. Drocert7 should be named as an addition to the Mt. Umunhum Area Sierra Azul Open Space Preserve. 7=�j Lcation recomnend that you withhold the property from dedication as public cpen space at this tire . This would allow for a trade of development L_7 _nts or sale of a portion or all of the property if the District , is nct successful in acquiring other necessary land in the area , -=-Ms r.s stipulated in the attached purchase agreement , the cash purchase :ri-_e is $294 , 000 for the interests in both parcels . Parcel One is .'=7ued at $1 , 400 per acre or $224 , 000 as one site with paved-road access . Parcel Two is valued at $70 , 000 for the seven-eighths —7-erest being acquired. The seller has advised the District that Two has a home-:,.lade contract of sale for the remaining one- eighth interest . This purports to preclude building on the site and t-D confer possible rights of first refusal on the parties, which could cause future legal difficulties . n d i n g =-ull explanation of this funding summary is contained in report :%-1:10-86 dated July 19 , 1988 . 5 . 689 -1,illion in cash budgeted for this fiscal year is expected to be spent as follows : -:_--ev4oUSly Approved Acquisitions this Fiscal Year $4 , 502 , 364 (Including the Fletscher, Alsberge , and Neubert property acquisitions considered earlier on this agenda) Sciarrino Property Acquisition Recommended fo r Approval on this Agenda 294 , 000 Page five Remaining Cash Balance for Future Acquisitions this Fiscal Year 892, 636 Total $5, 689 , 000 TI *--e District ' s new fiscal year will start on April 1 , 1989, a change _rom the past July 1 date . This means that the $0 . 89 million remain. Tg will be rebudgeted in the new year. The targeted $8 million in Proposition 70 net receipts for this fiscal -year would be for the following projects (based upon 98 . 5% reimbursement after state overhead charges) : -eague Open Space Preserve (actual) $6 , 452 , 298 Approved Acquisitions this Fiscal Year (Incl-,--ding the Fletscher and Alsberge property acquisitions considered earlier on this agenda) 2, 183, 243 'Sciarrino Property Acquisition Recommended for APPrcval on this Agenda (Only Parcel One would qualify since the District is only acquiring a 7/8 in-,=-rest in Parcel Two) 220, 640 ne:raini- g Blalance for -Future Acquisitions to be Desil-nazed this Fiscal Year (356, 181) * Total $8 ' 00_0 ' 006 "hough zhis particular acquisition overspends the Proposition 70 b7_--_'ted for this fiscal year , there is a remaining $1 , 000, 000 in the :c-_d for the Sierra Azul Open Space Preserve that has been _, ncluded in the proposed budget for the 1989-1990 fiscal year. therefore , funds are still available for this project . v1 n , t." � �"�.�•.�, •;ti: _ „•. —..;1 1' J J.J 1 � L_' ltlo l l WOODS ROAD :A 4 �4 Mg R. ,��� \ I l• / / J J / \ , 1 11 / l z ao l , 1 '�''O:`l 1 t .�a �. MT. UMUNHUM ROAD ' . . gyp•\ �7 r NNN f_ .ti 1 PROPOSED REMAINING 1 tom,J� y I -�✓� ��A �, ; (FORMER � ONE-EIGHT INTEREST ,I. �� • � SCIARRINO ACQUSITION ,�� 'I• � r ; PROPERTY).. .. .. �• '` ;,-\_�� ,J % , '.„�� " {FALER - FORMER SCIARRINO r I 'PARCEL ONE "� �\ f�_ �'✓� �'� p _ PARCEL TWO �,'�f:� 1 :' .' `.,.. r � !1�� 1.��$� .•�s"I }�,,k '•^ Z� OF l;: .�•��'�' �'-�� °S4 \ �` (•r X � `7�i �uYl=��:,.•�r I r��a• �v�� \� •.+.Ff.J � :8 � ��-i` f .�.yv/ -'�•<��, may.. -k OPTION L ,~�:k:s. M � �7 I; : % COU ,.. t, TO ACQUIRE\ � �� `� �.v�L,°�°r' �'w�r � � ) ,� �J;,� SANTA CLARA.:�:-•'�'�'�'�^ a.r',�....• SA N J-O S E ,'�� �I�i r• '? '� t. ��x^f'�.� �.: ',.?r^',..-� v` .;i�> \��•. l �' �l.s. : . I •�� L l�✓!r"`w�.-.l. r�/^�,.�,-��1 j � !'•�iy :.}..:n:' Y F.' : WATER WORKS SAN .r;•i� i('�%Zn ��'''tq' �.:.;.��,�.2; ,.r.11;.:.'�:.+`.:p.{.�:.<? s s� '� ♦ h -r_!. � ,�;:�� "��-•�- ,i' :((�f!, r —�{I t �I �S '1 �: )�o ...i h i'�i / i\.?"w, O'i- �4. �L,:'�,� \���:,3` y ���`, t,_�.;--�11� IJ1J Il, ti .,�_ ��` ; 1,��t i �E-..;•. 11 � WATER taw WORKS (' C . SITE MAP: PROPOSED ADDITION TO THE MT. UMUNHUM AREA OF �o SIERRA AZUL OPEN SPACE PRESERVEMay Scale 1994 2000'-0" North ' J� On . .. , . ,.. RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF QUITCLAIM TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF FALER) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Harlan Faler and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents including the Land Lease as provided in the Purchase Agreement as necessary or appropriate to the closing of the transaction. Section Four. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of $30,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. PURCHASE AGREEMENT This Agreement is made and entered into by and between HARLAN FALER, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District. " WITNESSETH WHEREAS, Seller claims an ownership of an undefined interest in certain real property located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District is currently on record as owning the legal title to that certain property in which Seller claims an ownership interest, and District desires to acquire whatever interest, if any, Seller may have in the said property; and WHEREAS, Seller wishes to sell and convey the entirety of said property interest to District, and District wishes to purchase said property interest upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, all of Seller's interest in certain real property located within an unincorporated area of the County of Santa Clara, State of California, the entirety of which contains approximately thirty (30) acres, more or less, and commonly referred to as former Santa Clara County Assessor's Parcel No. 562-06-018 and current Assessor's Parcel No. 562-06-027 ; said property being further described in the legal description attached hereto as Exhibit "All and incorporated herein by this reference. Said interest in property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said Seller's interest in real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2 . Consideration. The total purchase price ("Purchase Price") for the Property shall be Thirty Thousand and No/100 Dollars ($30, 000. 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . In addition, District has agreed to enter into a one (1) year lease of the Property to Seller. 3 . Escrow. No formal escrow will be opened for the purpose of closing this transaction. In lieu thereof, the District and Seller have agreed to deposit funds and documents with the law offices of Reynolds, Roux, Price & Casas ("Law Firm") . Seller ackn� edges that said Law Firm , zrently re esents District in this transaction and that Seller, after consultation with his attorney, David Nevis of Miller, Morton, Caillat & Nevis, has agreed to said Law Firm holding both of the Quitclaim Deeds to be delivered by Seller and all funds to be delivered by District in order to assist in closing this transaction. Law Firm shall be given a fully executed Agreement and through this clause is hereby instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited with Law Firm as herein provided, with the following terms and conditions to apply to said deposits: (a) The time provided for in the escrow for the close thereof shall be on or before May 1, 1994 , provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Law Firm concurrently causes (i) one Quitclaim Deed to be delivered to District for recordation by District in the Office of the County Recorder of Santa Clara County and (ii) the funds deposited by District (less $500. 00) to be mailed to Seller. The parties' have agreed that the $500. 00 shall be delivered to District at Closing, as a security deposit for the one year lease being concurrently entered into by the parties. (b) Seller and District shall, prior to the Closing execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit with Law Firm, on or before the Closing two (2) executed and recordable Quitclaim Deeds covering the Property, one to be delivered to District at Closing and one to be delivered to District when the lease between Seller and District expires. (d) District shall deposit with the Law Firm, on or before the Closing: (i) The required Certificate of Acceptance for the Quitclaim Deed, duly executed by District and to be dated as of the Closing. (ii) District's check, payable to the trust account of Law Firm, in the amount of Thirty Thousand and No/100 Dollars ($30, 000) . (e) District shall pay for any CLTA Standard Policy of Title Insurance or for an endorsement, if required by District, and all recording costs and fees. No other costs or expenses are anticipated for this transaction, however, if any do arise, all other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. 2 I Firm shall, when all re(, zed funds and instruments have been deposited with said Firm by the appropriate parties and when all other conditions to Closing have been fulfilled, (i) cause the first Quitclaim Deed and attendant Certificate of Acceptance to be delivered to District for recordation by District in the Office of the County Recorder of Santa Clara County, and (ii) cause to be delivered to Seller a check from the trust account of Law Firm for the full purchase price of the Subject Property, less $500 . 00 which will be delivered to District and retained by them as a security deposit under the lease between Seller and District, and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them if any. In the event the transaction does not close as provided herein, Law Firm shall return all monies, documents or other things of value deposited with Law Firm to the party depositing the same. 4 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property (other than the lease to be entered into between District and Seller concurrently with this Agreement) . Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such undisclosed lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et "seg. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Deed(s) . 6 . Seller' s Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6. 01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder and there are no claims, current or contingent, by Seller's former spouse, Wanda K. Faler, to any community property interest in the Property. 6. 02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property 3 Vs- described therein, a, are enforceable in accoru—ice with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6. 03 Good Title. The interests of Seller to be conveyed to District hereunder, are free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Property Taxes. Seller will be responsible for the payment of all property taxes arising as a result of his claimed interest in the Property. 8 . Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the Closing, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation on the Property. 9 . Hazardous Substances. "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs) , benzene, asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal, state or local law. (a) Seller warrants and represents that: During Seller's ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous substance on the Property. (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller's ownership and operation of the Property. 10. Waiver-of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A" , as provided for by the Federal Uniform Relocation Assistance and 4 Real Property Ac.,uisition Act of 1970 (Pubic Law 91-646) the 40 Uniform Relocation Act Amendments of 1987 (Public Law 100-17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256, and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals, etc. , as provided for by said Federal Law and any corresponding California Government Code Sections. 11. Miscellaneous Provisions. 11. 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 11. 02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. 11. 03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) walve any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 11. 04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 11. 05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto) , each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified 5 and return receipt r�- _ -asted, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Harlan Faler 17240 Rosemary Lane Morgan Hill, CA 95037 District: Midpeninsula Regional open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (415) 691-1200 FAX (415) 691-0485 Copy To: Robert L. Quail, Esq. Reynolds, Roux, Price & Casas 5150 El Camino Real, Suite C-21 Los Altos, CA 94022 (415) 964-3400 If sent by telegraph, cable, telecopy and other facsimile transmission, a conformed copy of such notice shall be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Any party may change its address for such communications by giving notice thereof to the other parties in conformity with this Section. Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section. The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or and any of the Exhibits hereto. 11. 06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable Provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforce- able provisions. 11. 07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an 6 original, and wi. -, executed, separately or --igether, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instru- ment. 11- 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condi- tion of this Agreement. 11.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 11- 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 11- 11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all repre- sentations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 11. 12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. 11. 13 Further Documentsand Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary ecessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 11. 14 Binding onSuccessors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 11. 15 Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 11. 16 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, 7 and the plural shall _nclude the singular, and tLie use of any gender shall include all other genders as appropriate. 12 . Acceptance. This Real Property Purchase Agreement and the exhibits hereto have been prepared at District's expense and in consideration of District's efforts and expense in such regard, Seller agrees to the following acceptance procedure so as to accommodate District's approval process in connection with the acquisition of the Subject Property. Seller agrees that District has provided sufficient consideration for the irrevocable offer provided herein, such firm offer period being necessary for District's approval process as a governmental agency. This Purchase Agreement must be executed and delivered by Seller on or before April 8 , 1994 . In the event of Seller's compliance with the foregoing sentence, District shall have through April 30, 1994, to accept and execute this Real Property Purchase Agreement and during said period this Agreement shall constitute an irrevocable offer by Seller to sell and convey to District the Subject Property described herein for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted and executed by District, this transaction shall close in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: Harlan Faler Date: 4 Robert L. Quail, tsq./,," ACC D OR RECOMMENDATION: Britton L. Cr ig Britton General Manager APPROVED ANDACCEPTED: ATTEST: . President, Board of Directors District Clerk Date: F:\RLQW76.SH 8 Exhibit "A" Lot 4 of Section 17 , Township 9 South, Range 1 East, Mount Diablo Base and Meridian. TOGETHER WITH a non-exclusive right of way appurtenant to Lot 4 above or any portion thereof , for ingress and egress and the installation and maintenance of utilities over a strip of land 60 feet wide , in Lot 1 , the south half of Lot 2 and Lot 3 of Section 17 , Township 9 South, Range 1 East, Mount Diablo Base and Meridian from the southerly line of Loma Almaden Road to the westerly line of Lot 4 above . TOGETHER WITH a non-exclusive easement for water pipe line appurtenant to Parcel One above or any portions thereof , over a strip of land 10 feet wide from the spring located on Lot 2 of Section 17 , Township 9 South, Range 1 East, Mount Diablo Base and Meridian, to said Lot 4 above . TOGETHER WITH a non-exclusive easement appurtenant to Lot 4 above or any portion thereof, for a water storage tank to be constructed on Lot 1 of Section 17 , Towns•r.ip 9 South, Range I East, Mount Diablo Base and Meridian and for w-ater pipe line over a strip of land 10 feet wide , from the spring located on Lot 2 of Section 17 , Township 9 South, Range 1 East to said water storage tank to be constructed on said Lot 1 . Santa Clara County APN 562-06-018 EXHIBIT Open Space a_ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-64 Meeting 94-16 May 25, 1994 AGENDA ITEM Mt. Umunhum Building and Infrastructure Assessment - eport GENERAL MANAGER'S RECOMMENDATION Accept the preliminary findings of the initial re -- i Authorize staff to enter into an agreement with Gould Architects of San Jose for $20,000 to provide services to prepare for a public hearing and solicitation of proposals for use of the buildings and facilities at Mt. Umunhum. DISCUSSION i The District has owned the former Almaden Air Force Station, as part of the Sierra Azul Open Space Preserve, since 1986. The facilities at this obsolete mountaintop early warning radar station include a full complement of military, administrative, maintenance, housing and recreational buildings, together with the necessary roads and utility systems (see site maps and photo in the report, Mt. Umunhum Facilities Inventory and Evaluation,prepared by Gould Achitects; the consultant's report is available at the District office for public review.) These buildings and systems were constructed between 1955 and 1975, and are in varying states of repair and adequacy for use by current public standards. The District's ultimate vision is to return the area to a condition compatible with low- intensity recreational use and environmental preservation. However, several local organizations made proposals in the past for use of the buildings, and these proposals should be given consideration as part of planning for the site. San Jose State University made a request to study the site for a possible seminar facility at the time the property was acquired by the District. I Planning and implementation of new uses for the area have been constrained to date by the presence of toxic contamination on the site. This contamination is the responsibility of the Army Corps of Engineers to address. The Corps is currently preparing to go to bid on removal of above ground containers and underground tanks. The work is expected to take place this summer. Additional cleanup will be required, but the scope of the work is not currently known. 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 Han ko,Betsy Crowder,Wim de Wit Genera!Manager:L.Craig Britton R-94-64 Page 2 The longer-term objectives of an overall study are to provide the background information to develop a comprehensive plan for the Mt. Umunhum Area of Sierra Azul n Space � P Preserve. This study would include the scope and cost of using, removing, or securing all g g buildings and infrastructure so that the area is ultimately safe for public use and consistent with the overall goals and objectives of the District for the surrounding Pe space preserve,o n s that are: • Return the site to a natural condition to the extent feasible; • Provide support for passive recreational use; trails, staging areas, restrooms, signs and maps, patrol and maintenance. • Allow other public or enterprise uses where compatible with the above objectives. INITIAL STUDY A 1993 Santa Clara County Grand Jury report expressed concern that the District was allowing the buildings and other facilities to deteriorate, thus eliminating any future opportunity for use. Prior to committing substantial effort and funding on building maintenance, the Board directed staff to determine the relative need and expense of repairs and maintenance of these former Air Force facilities and the general suitability of these facilities for compatible alternative uses. In the short-term, the District's objective is to obtain a study to: 1) identify buildings that may have future use potential; and 2) for those buildings with use potential, identify preventive maintenance needed to avoid deterioration, due to weather or pests that would increase future rehabilitation costs and preclude the possibility of alternative uses. Proposals for assessment of the buildings and infrastructure were solicited from nine local consultant firms in October 1993. Five were received. Based on overall firm and proposals individual qualifications, approach, and completeness of the proposal, staff recommended that Gould Architects of San Jose provide these services. The Board approved this recommendation at its December 8, 1993 meeting (see report R-93-128). Because a realistic scope and cost of services could not be estimated before the studies were undertaken, the contract was structured to provide as thorough an assessment as possible within the $20,000 time and materials budget. Staff authorized additional consultant services in the amount of $1,800 to prepare charts, maps, and slides for the summary report, bringing the total expenses to date on this project to $21,800. This initial study has not attempted to identify specific potential uses for the buildings, other than District operational needs and potential communications sites for antennas and accoutrements. I R-94-64 Page 3 A chart in the report's Executive Summary presents the findings of the study and indicates where additional cost information and assessment is needed to provide the basis for a complete plan and estimate for the use or disposition of the buildings. This chart summarizes the categories of buildings, the current condition of their various components, overall condition and the findings of the study regarding their use potential. Use potential is categorized as "No Use Potential"," "Use Unlikely", and "Use Possible." Findings are based on the building's design, current condition, scope of repairs or upgrades necessary for use, and, in a few cases, on possible use by the District for operational or enterprise purposes. A "preliminary use suitability diagram" is included in the report to show the geographic distribution of the buildings by potential for use. Special Milijaa Purpose Buildings The chart and diagram indicate that the special military purpose buildings are typically unsuitable for other purposes and have serious damage or deficiencies. Many of the buildings and related utility and drainage structures present significant hazards for public use of the site and should be removed or secured before public use is considered. The special military buildings are clustered together at the east end of the complex on the highest point of the mountain. Exposed to the harshest weather, they are the most visually obtrusive and suffered the greatest damage from the Loma Prieta earthquake. There may be some salvage value in some of these structures. Building 108 is a steel radar tower that could be dismantled and moved to another site for use as a lookout tower or used to mount communication antennas. Buildings 110 and 119 are pre-engineered metal-frame structures that may have some potential to be disassembled and re-used. In Building 112, the power station, there are three huge diesel generators with a shared cooling system. These generators provided an independent power supply to operate the radar antenna and related systems. They had been sealed by the Air Force to prevent their deterioration and may have significant resale value. Since electric power is available at the site from PG&E, removal of the generators would not affect the availability of electricity. Support Buildings and Facilities The support buildings and facilities vary in condition and configuration. Most of these structures are in very poor condition and could not be restored to their former or alternative use for less than the cost of new construction. Some special-purpose structures, such as the bowling alley or swimming pool, would not be desirable under any likely future use scenario. Many of the support buildings are prefabricated metal-framed and sided buildings that may have some salvage value if carefully dismantled. There is some potential salvage value in fixtures such as the stainless steel sinks and the refrigerated cases in the commissary. One building in this category that does have future use potential is Building 211, the motor pool; it would be useful for housing District patrol and maintenance vehicles and equipment if a decision is made to locate a District field office at the site. R-94-64 Page 4 Residential Buildings The residential buildings are some of the most recently constructed structures and may have g Y Y the most use potential. Located on a south-facing slope at the southwest end of the complex, they occupy a more sheltered and less visually obtrusive area than the military and support structures. The former base commander's house, a single-family structure, has been occupied by a caretaker and his family for the past several years, and resident ranger has occupied one unit of a nearby three-plex for the past year. The residential units are in need of paint, weatherstripping, and measures to control rats, mice, and other pests. They are otherwise basically sound, although they do not meet current code for insulation, double-pane glass, wiring, and plumbing. There may be asbestos in some of the building materials such as floor tile. The central question for the Board's consideration is whether occupied housing in this location is compatible with the District goals and objectives relative to the preservation of open space lands in this area. Utilities and Infrastructure The most significant constraint to the use of the residential structures, or to any significant use of any of the facilities, is the utilities and support infrastructure. Heat for the buildings is typically provided by oil-burning furnaces, with oil distributed by underground pipes from hilltop tanks. This system would be impractical to continue on a smaller scale and was damaged by the Loma Prieta earthquake. Parts of the system are planned to be removed in conjunction with the Corps of Engineers cleanup of toxic contaminants on the site. New individual heating systems, either electrical or propane-fueled, would be required for any building that is to be used for other than storage. Phones and electricity are available at the site and would not be a constraint, although there would be costs in extending and connecting the service. A more serious constraint is the waters stem. The Air Force Station water supply Y PP Y was derived from springs in a canyon approximately 1.5 miles south of the base complex. The water was pumped uphill to holding tanks and flowed by gravity to serve the fire and domestic water needs of the base. The 1985 Lexington fire denuded nearby hillsides and the following winter rains caused landslides which severed the water line from the spring, damaged some of the distribution piping, and washed out the spring access road. Portions of the distribution system for fire protection are also damaged, deteriorated, or missing. Also, the rights to these springs, which are located on land owned by San Jose Water Company, terminated upon transfer of the property to the District. The two housing units currently in use are served by a temporary water system with two individual storage tanks filled by surface springs owned by adjacent property owner Loren McQueen. A tank to serve a portion of the fire system is also filled from this source. However, this supply would not be adequate to serve more extensive use of the former Air Force Station even assuming an arrangement could be negotiated. The District does own other spring rights in this area; i R-94-64 Page 5 however, the closest source is in excess of a mile from the site and would be expensive to develop and utilize. The sewage treatment system for the base included primary and secondary treatment facilities and a disposal field, as well as septic tanks. Currently, only the septic tanks are in use. The condition of the sewage treatment facilities and equipment and their useability under current codes remain to be determined. The sewage evaporation pond, which was in constant use during military occupation of the site, is within the watershed of Lake Elsman, owned by San Jose Water Company and used as a part of their public drinking water supply. As a result, it is doubtful that this main treatment system could legally be reactivated. Roads, parking areas, and sidewalks are generally in serviceable condition in the station complex, although there is the same localized damage, primarily due to the earthquake, particularly in the vicinity of the hilltop radar tower. A minimum project of filling of cracks and a new seal coat over the entire surface would be called for in areas that would be retained for future use. Landscaping and site fixtures such as signs, fencing, retaining walls, and lighting are quite deteriorated since the days when the Air Force Station was maintained. Some of the landscaping has died and some has overgrown the sidewalks and structures. All of it is non-native material which should be ultimately removed or gradually succeeded by natural vegetation. I USE PROPOSALS The initial study provides an analysis of the condition of the buildings. It also clarifies that additional studies would be necessary to determine the feasibility of reestablishing the utilities and infrastructure and to estimate the costs of repairs and upgrades rades or demolition. These P studies would be quite expensive, totaling over $143,400 as detailed in attachment A. Rather than invest in these studies, which may not all be necessary, staff recommends that Y �'Y i 1 the Board authorize the following tasks to prepare issuance of a request for proposals for use g P P �l P Po of the buildings and facilities and for a public hearing to consider possible alternative uses. Tasks to prepare for solicitation of use proposals and public hearing: 1. Complete the scope and estimates for preventive maintenance on structures with P Pe use potential, as indicated in the report's Executive Summary. Po Po azY• 2. District staff and the consultant team will review the preliminary use suitability j diagram and confirm the scope and estimates for further stages of study outlined below. 3. District staff to research and prepare a report on the legal issues pertaining to road access and re-establishment of the water supply system. 4. Prepare a request for proposals for use of the buildings and facilities, including description of existing configuration and condition, scope and cost for necessary i I i i I I I ----- - - - - - R-94-64 Page 6 studies, and requirements or constraints for future use imposed by the District or other parties. 5. Prepare presentation materials and conduct one public hearing to answer questions about the buildings and facilities and the process to consider uses. 6. Attend a site inspection meeting for potential use proposers, if any. Estimated cost for consultant services: $20,000 This amount was included in the 1994-1995 preliminary budget. Outline of Tasks The public hearing is tentatively proposed to be held in August or September in Los Gatos. The hearing and the availability of the request for proposals would be widely publicized well beforehand. These arrangements and the draft request for proposals will be brought back to the Board for confirmation and scheduling of the public hearing. Any parties interested in pursuing a proposal for use of the buildings and facilities would be asked to provide funding for the additional feasibility studies. Depending on the scope of the use proposal, this may include study of demolition and site restoration for buildings and areas that are not to be used. If there are no proposals for uses to be pursued by other parties, or the scope of these studies does not include all the areas, completion of the necessary studies to finalize the District's plans for use and restoration of the site would be brought to the Board for consideration as part of the 1995-1996 budget preparation process. Prepared by: Randy Anderson, Planning Manager L. Craig Britton, General Manager Contact person: Same as above R-94-64 Page 7 ATTACHMENT A Tasks to determine feasibility of alternative use and/or demolition of structures and restoration of site. A. Provide cost estimates for demolition/abandonment and securement/salvage of buildings/facilities. 1. Prepare description of services of work to be provided by contractor/estimator. 2. Obtain proposals from contractor/estimator for estimating the project and interview prospective contractor/estimator with Owner. 3. Coordinate contractor/estimator services. 4. Evaluate estimate with Owner and consultants. Estimated cost for consultant services: $28,850 B. Provide an investigation and report of all buildings for asbestos abatement. 1. Prepare description of services of work to be provided by contractor/estimator. 2. Obtain proposals from contractor/estimator for estimating the project and interview with Owner. 3. Coordinate contractor/estimator services. 4. Evaluate report with Owner and consultants. Estimated cost for consultant services: $27,550 C. Provide cost estimate to provide an assessment of the facilities on Mt. Thayer. 1. This assessment will be of the same format and content as the final product for the Phase I assessment of the Mt. Umunhum facility. 2. Prepare detailed scope and cost for other studies for Mt. Thayer structures. Estimated cost for consultant services: $20,200 D. Provide detailed assessment of site and infrastructure and provide cost estimate for improvements. 1. Determine interface requirements for existing equipment to be retained. R-94-64 Page 8 2. Provide preliminary scope for required upgrades for each type of infrastructure to the extent required for development of a construction cost estimate. 3. Recommend options if any with representative costs relating to each of the conceptual systems. 4. Investigate feasibility of on-site/off-burial of spoils. a. Prepare description of services of work to be provided by contractor/estimator. b. Obtain proposals from contractor/estimator for estimating the project and interview with Owner. c. Coordinate contractor/estimator services. d. Evaluate estimate with Owner and consultants. 5. Infrastructure systems a. Electric Power b. Potable Water c. Sewage d. Road and Walkway system e. Drainage system L Fire Protection. Estimated cost for consultant services: $47,050 E. Provide cost estimate for a detailed assessment of a typical unit in a triplex residential building. (Note: This is the minimum detailed study required to evaluate building uses. Studies of other buildings could be required.) 1. Detailed inspection of all systems and components. 2. Survey and report/assessment. Estimated cost for consultant services: $19,750 Total cost for further studies: $143,400 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-94-63 Meeting 94-16 May 25, 1994 AGENDA ITEM Status Report on Proposed Sale of Surplus Land at Teague Open Space Preserve and Presentation of Draft Prospectus Offering Sale Approach GENERAL MANAGER'S RECOMMENDATIQ Accept the current form and approach for a prospectus offering the surplus properties for sale. The completed proposal for the surplus sale will be returned to you for approval after staff have finalized research of subdivision process alternatives. The sale process would conclude with opening of sealed offers at a regular Board meeting in fall 1994. DISCUSSION When the Teague Hill Open Space Preserve property in Woodside was originally purchased by the District in 1988, it was completed with the understanding that the District could not afford to concentrate the total cost of $7,500,000 without recapture of a significant portion of the purchase price to be utilized to acquire open space lands in other areas of the District (see report R-88-59, dated May 15, 1988, and report R-88-87, dated July 18, 1988). Two potential parcels of approximately 35 acres each, to be sold as developable home sites, were delineated by the District in the least visually obtrusive part of the property. Based on the current zoning, the District expected a development density of three sites per parcel, which would support the sale of this surplus property for as much as $4,000,000. The Town of Woodside initiated an advisory election in 1991 for creating an assessment district to buy development rights over the parcels for open space for $2,500,000. This measure failed at the ballot by a margin of 24 votes. At your November 4, 1992 meeting, you adopted Resolution 92-53 authorizing a public auction of the property (see report R-92-111). The auction was held on April 14, 1993, but it failed to elicit any bids based on the $1,500,000 minimum bid limit for Parcel I and $2,000,000 minimum for Parcel II, with a $50,000 non-refundable deposit. At your June 23, 1993 meeting, staff analyzed the reasons for the poor response to the auction and recommended alternatives to be considered for a second offering of the property (see report R-93-69). The current proposed offering prospectus, as attached, has been prepared based on the Board's acceptance of the June 23 report, subsequent research, coordination with the Town of Woodside, and review by persons knowledgeable in the structuring of real estate development transactions. 330 Distel Circle Los Altos, California 94022-1404 • Phone: 415-691-1200 i FAX: 415-691-0485 0 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko, Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-94-63 Page 2 Highlights of the current approach and contrasts with the previous sale conditions include: 1. Rather than being formally auctioned, the property will be offered for sale with an anticipated closing date for the consideration of offers. 2. More information is provided about conditions on the property, background studies already completed, and the development process, including a letter from the Town of Woodside clarifying the mechanism under which development of up to six units could be achieved on the total 70 acres. It will answer the basic status and process questions that were not answered previously. The prospectus will present descriptions, maps, and photos or a video highlighting the unique location and natural beauty of the property. 3. In addition to real estate development interests, the property will be marketed in publications focused on the estate home market. 4. The offering prospectus recognizes alternative approaches to sale of the property including installment sale, and the need for the District to cooperate with the purchaser(s) through the planning and subdivision process in Woodside to allow the purchaser(s) to achieve more than one potential unit (to a maximum of three) on each 35-acre parcel. 5. The prospectus presents a minimum schedule for potential installment purchase including making half of the $50,000 deposit refundable within six months and offering a schedule of payments stretched over two years. 6. The minimum cash offer has been reduced $500,000 on each parcel, to $1,000,000 for Parcel I (Pinto Way), and $1,500,000 for Parcel 11 (Summit Springs Road). 7. In response to the business relationship with the purchaser that these arrangements and alternatives may require, the offering requires financial and background information in connection with installment or conditional offers to help determine their capabilities to complete the purchase and the relatively expensive and complicated development process in Woodside. 8. The District will cooperate with real estate brokers and will pay a three percent commission on the sale if a broker has participated, based upon payments actually received by the District. The offering will be presented at the weekly sales meetings of local real estate offices. Based on Board authorization, limited additional j advertising will be undertaken and the availability of the prospectus and bid forms will be noticed as widely as possible, including local brokers and our existing list of potential buyers. The prospectus should be in circulation at least four months before the scheduled deadline for offers. i I i R-94-63 Page 3 The approach outlined above and reflected in the prospectus is intended to encourage more buyer interest and result in a higher ultimate price to the District, recognizing the condition of the current real estate market, the condition of the property, and the current development regulations and process in the Town of Woodside. There are some questions regarding the subdivision process that must be answered before the offering can be finalized. These questions are currently being pursued with the Town of Woodside, as described in the attached May 10, 1994, letter to the Town's Legal Counsel, Robert Lanzone. The questions center around two potential alternatives for the creation of saleable parcels: 1. Can the District legally record the two 35-acre parcels without going through the subdivision process with the Town? Based on interpretation of the Subdivision Map Act, District staff and civil engineering/surveying consultants Brian, Kangas and Foulk believe that the District has this legal ability as a government agency. Woodside staff have questioned this interpretation. 2. The Teague Hill property included nine separate assessor's parcels when purchased by the District. It may be possible to reconfigure these parcel to create two to six parcels for sale by processing a lot line adjustment through the Town, a much simpler process than a parcel or subdivision map. The Town's Legal Counsel has also been asked to analyze this approach. If either of these processes are feasible, it may be desirable to complete one of them before offering the property for sale. This would significantly change the form of the offering prospectus. When the Town of Woodside's position regarding these alternatives is clarified, staff will return to the Board with a recommendation on a final proposal for this sale. Prepared by: Randy Anderson, Planning Manager Contact person: L. Craig Britton, General Manager II . y Open Space t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 10, 1994 Mr. Robert Lanzone Town Attorney Town of Woodside P.O. Box 620005 Woodside, CA 94062 Re: Teague Hill Surplus Property Dear Mr. Lanzone: You may be familiar with the background of the District's acquisition of the Teague Hill property and its commitment to offset a portion of the acquisition cost either through a sale of development rights to the town (an advisory vote on a proposed assessment district apparently has ended this possibility) or through sale of a portion of the property. Last year the District attempted to sell at auction two approximately 35-acre areas of the Teague Hill property (see attached map). Since the auction was unsuccessful, we are preparing to market the property under a more flexible arrangement, including clarification of potential alternative approaches to the subdivision process. An important aspect of the development process is the procedure to create legal parcels: 1) to separate the two 35-acre surplus properties from the rest of the site; and 2) to subdivide each 35-acre parcel into as man as three building sites. Y g The District believes it has the legal authority to subdivide the property to create the two surplus parcels through the recordation of a parcel map without going through the subdivision process with the Town of Woodside. This belief is based on interpretation of the Subdivision Map Act, Government Code Section 66428, Although this section might also be interpreted to give us the authority to create more than the two surplus parcels, we do not intend to pursue this, but would work with the purchasers and the Town if more than the two surplus parcels were to be pursued. Another potential mechanism to create the saleable parcels may be an alternative to the District's creating the surplus parcels directly, as well as a means of further subdivision. This would be the use of a lot line adjustment, to be processed through the Town. There are apparently 11 recorded assessor's parcels which comprise the entire District holdings and may pre-date the incorporation of the Town. These could potentially be reconfigured into sale parcels. To maintain consistency with the existing zoning, the District would not pursue more than six total building sites in any case. 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 General Manager:L.Craig Britton Mr. Robert Lanzone page 2 of 2 I would like your opinion regarding the two alternatives outlined above. I encourage you to contact the District's new Legal Counsel, Susan Schechtman, at our offices or at (415) 738- 7308. Susan has had experience with these issues during her previous experience as Counsel for the City of Pacifica. I appreciate your help on this complex project. 'ncer , L. Craig Britton General Manager cc: Susan Schechtman, Esq. Susan George, Town Manager Curtis Williams, Town Planning Director Attachment I Teague Hill Offering May 25, 1994 Offer of Sale of Surplus Land The Midpeninsula Regional Open Space District (the District) is accepting offers for purchase of surplus residentially zoned land located in the Town of Woodside, San Mateo County, California. Offers, which must conform to the requirements stated in this announcement, must be received at District offices on or before to ensure consideration. Description of the R=M The surplus property being offered consists of approximately 71.5 acres of residentially zoned land contained in two approximate 35 acre parcels, labeled as Parcels I and I[[ on the enclosed map (attachment 1). These parcels will be sold separately or together, depending on the best offer or combination of offers for the District. These parcels are located within a 624 acre property owned by the District. The remainder of the property will be owned and maintained by the District as public open space. The current zoning of the two development areas is SCP-10, residential ten acre minimum. The current zoning of the remaining 552.5 acres is OSN, open space, natural resource protection. This property occupies a prominent hillside overlooking the Town of Woodside, an exclusive residential community in the coastal foothills south of San Francisco on "the Peninsula". The property is entirely within the incorporated limits of the Town, and is served by Woodside schools. Access, utilities, and services are available to serve the site. On-site septic systems will be required for wastewater disposal. Recent development within the Town is primarily comprised by some of the most prestigious estate homes on the San Francisco Peninsula. The property features dense stands of redwood forest, deep ravines with lush growth of ferns, woodland glades strewn with native iris, and chaparral,plant communities occupying the ridgetops. A few small grassland meadows offer views of the Town of Woodside and the San Francisco Bay beyond. In addition to the open space preserve that will immediately surround the proposed residential lots, the property is bordered on the north by Huddert County Park, on the south by Wunderlich County Park, and on the east by lands of the California Water Service Company (see the vicinity map, attachment 2). These parks and preserves, with miles of hiking and riding trails, and thousands of acres of other adjacent and nearby open space and wildlife preserve lands, ensure that the proposed residential areas will have a uniquely serene, secluded, and beautiful setting for all time. I The Midpeninsula Regional Open Space District, extending from the Town of Los Gatos to the City of San Carlos, is a public agency which owns and manages over 36,000 acres of diverse open space in 23 open space preserves. (See attachment 3 and information on the reverse.) Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. District lands provide permanently protected wildlife habitat, natural resources, watershed, and a variety of ecosystems, and are available for passive recreational use by the public. The District's goal is to acquire a continuous greenbelt of protected open space lands for public use and enjoyment. The property from which the surplus land will be sold was purchased by the District in 1988 with the understanding that the District would sell a portion of the land for residential development to help offset the cost of the open space acquisition. Development Application and Review Process Development of the surplus property will require processing of applications through the Town of Woodside, followed by site-specific architectural review and issuance of building permits. Although the current 10 acre zoning would allow up to 6 total lots on the two parcels, the Town's current slope density formula limits the yield to one unit on each 35 acre parcel (see item 1 under Existing Background Information). There is a mechanism in the subdivision ordinance to address this slope density limitation by applying slope density from the open space area to increase the density (see the attached letter from the Town regarding the subdivision process). The District will cooperate with the buyer's use of this mechanism, as discussed under Terms and Conditions, below. Given the use of this slope density transfer mechanism, there are three alternative approaches to the development of the property: FP P P PertY: 1. Two 35 acre parcels could be developed together or separately as 2 single estate home P P� g �P Y g sites. Maximum allowable home size for sites over 15 acres is 8,000 s.f. plus support structures. The District would record the two parcel maps prior to sale--no mapping process would be required for the buyer(s). A single family structure would be categorically exempt from environmental documentation requirements under the California Environmental Quality Act. Access, septic and geotechnical constraints would still remain to be addressed, and site and architectural design review would be required. If an offer is submitted on the basis of single homesite(s), the grant deed would include a restriction that the property could not be further subdivided in the future. 2. A parcel map could be submitted to divide the total property into up to 4 lots-- 2 residential lots from each 35 acre parcel, plus the 552-acre open space remainder. This density requires transfer of slope density credit from the undeveloped open space remainder per provisions in the subdivision ordinance. The parcel map may require only a relatively simple mitigated negative declaration for environmental documentation. The tentative parcel map would be reviewed by the Planning Commission. The final parcel map would undergo review and approval by the Town Engineer. Maximum home size 2 would be 6,000 s.f. based on less than 15 acre parcel size. Remaining approval j requirements as above. j i 3. As above except buyer(s) will pursue more than 4 residential lots--up to 6 total lots. A subdivision map would be required which is anticipated to necessitate a full EIR, a formal improvement agreement, and a map review and approval process through the Planning Commission and Town Council. j Prospective buyers are urged to contact the Town for additional information. Terms and Conditions of Sale I 1. A $50,000 deposit in the form of a certified check is required to accompany the offer. Unsuccessful offerors' deposit checks will be returned by the District within five days of acceptance of an offer. 2. If the buyer fails or elects not to proceed with the purchase within six months of the date of the purchase agreement, $25,000 of the deposit will be returned, while $25,000 of the deposit will be retained by the District as liquidated damages. 3. The District reserves the right to reject any and all offers. 4. The District will cooperate with the buyer(s) to allow application and processing of a parcel map or subdivision map in the Town of Woodside, including transfer of slope density from the 552.5 acre open space portion to the 71.5 acre development portion sufficient to create g maximum of six residential lots. These lots may potentially be distributed equally on the two 35 acre parcels, or may be concentrated on one of the lots, depending on development constraints. 5. The District will cooperate, if necessary, in minor amendments to the currently proposed boundaries of the surplus parcels to accommodate access or other constraints sufficient to create a maximum of six residential lots. Significant boundary adjustments are presumed to require rezoning by the Town. The District's cooperation is offered on the condition that the modifications do not significantly increase the visual or environmental impact of development beyond the level that would occur through the development of six homes within the currently- configured parcels. 6. Neighborhood open space access easements and trail connections shall be provided along the access roads through each of the development areas I and H, and between the new residential lots, to connect from the east boundary of the property to the open space remainder. These access routes shall be local; public trail access will be discouraged and public parking will not be provided. i I 3 7. A conservation easement, or restrictive covenants, or other conservation mechanism in favor of the District and/or the Town of Woodside, shall be applied to a portion of the residential lots to be created, to protect the area outside of the building envelope from development or disturbance, and to provide a transition zone to the adjacent public open space. i 8. The buyer(s) will be responsible for all application forms, fees, and all related documentation and representation, including consulting studies, engineering and design for the development review process through the Town of Woodside, and all other application, documentation and review requirements. Prospective buyers are responsible for contacting the Town to confirm the specific requirements. 9. A buyer who purchases only one of the two parcels shall cooperate in the development application and review process with the owner (buyer) of the other parcel, and shall sign an agreement to specify the manner of cooperation as part of the purchase agreement with the District. 10. Other than on the conditions specified in this proposal, the District will not comment on or interfere with the development proposal or its review by the Town of Woodside, and shall defer to the Town in such review. 11. The property is being sold "as is". 12. At the buyer's option, an escrow account may be opened at the buyer's expense. Escrow fees, document transfer tax, title insurance premium, etc., will be the buyer's responsibility. 13. The District will pay a 3% commission at close of escrow to real estate agents who refer a buyer who completes a purchase of the property. If the property is purchased on an installment sale basis the commission shall be aid based on the same schedule of payments, PaY ts, not includingthe deposit, for which the commission will be 'd at the time of the initial 2 Po teal 0% Pm payment. Format for Offers Offers must be clear as to whether they are a cash purchase or installment, whether there are any conditions on the offer, and whether the offer is for Parcel I-Summit Springs Road, Parcel II-Pinto Road, or both. Conditional offers must clearly specify the parcel(s) on which the offer is made, and the conditions for the offer. If the Conditional offer includes arrangements for installment payments, the schedule for payments shall, at minimum, adhere to the following: 4 I i i Schedule of Payments for Installment Purchase 1. The following minimum schedule of payments is structured to allow some flexibility for the buyer in confirming the purchase and to spread the payments over a period that might generally coincide with the approval process. Interest on installment payments shall be a minimum of 2.5% above prime. The purchase price shall be payable as follows: a. To submit an offer, a deposit in the form of a certified check in the amount of$50,000 must be provi ded prior to the closing date for offers . b. After six months from the date of the signing of a purchase agreement, 20% of the purchase price shall be due, less credit for the $50,000 deposit. C. All subsequent payments shall be retained by the District if the buyer fails to perform. d. At one year from the date of the purchase agreement, an additional 20% of the purchase price shall be due. e. At g eighteen months from the date of the purchase agreement, an additional 25% of the purchase price shall be due. f. At two ears from the date of the purchase agreement, the final 35% of the purchase Y g price shall be due. 2. The above is the minimum payment schedule A t the option of the u Pa buyer, an li r Y P Y � � schedule of payments to that outlined above may be specified as of the offer, or may Y P� Y be elected at any time. Financial and Ex rience Qualiflofions - Required for Conditional Offer Qualification materials are required for potential purchasers who make a conditional or installment purchase offer. This information is intended to help assure that the buyer will be able to complete the payments and provide the support necessary for the development approval process. Unless submitting a bid for a cash purchase, prospective buyers must submit qualification material on their financial resources and development project experience with their bid, which shall include: j 1. List of names and addresses of principals, partners, or officers in the entity making the offer. I i 2. If a partnership or corporation, a statement of legal authority to make the offer. 3. Source and evidence of financing for the purchase. 5 4. Credit rating (current Dun and Bradstreet or equivalent). 5. Bank References. 6. History of previous real estate and development ventures. Provide contact names and numbers for local agencies, joint venture partners, financial backer(s). This information will be held in confidence by the District Existing Background Information Investigations, preliminary plan submittals and review comments from the Town of Woodside have occurred at least four intervals in the past. The following documents, copied from information in the files of the Town of Woodside, are available at District offices, or at Town offices, for review by prospective buyers. The District does not warrant that this is a complete list of pertinent information, or that the information is current, complete or accurate. Prospective buyers are responsible for conducting their own investigations as to the available information and the development feasibility of this property. 1. Midpeninsula Regional Open Space District a. Slope Density Calculations, Teague Hill Property, prepared by Brian, Kangas, Foulk, Civil Engineers, for the Midpeninsula Regional Open Space District, August, 1993. Based on this slope density analysis at the current standards of the Town, (see attachment), the two development areas yield a total of three units (1.24 units for area I, and 1.24 units for area II). b. Planning Study for the Willen Corporation Properties, prepared by Brian Wittenkeller, Landscape Architect test and Planning Consultant, for the N1iipenuisula Regional Open Space District, January, 1988. c. Preliminary Subdivision and Access Studies, Willen Corporation Property, prepared by Brian, Kangas, Foulk, Civil Engineers, for the Midpeninsula Regional Open Space District, . 2. Willen Corporation (Gutoff Concept Plan) a. Plan Review Comments, Pre-Concept Map, Willen Corp., prepared by Richard Whaley, Woodside Town Engineer, May 23, 1984. b. Plan Review Comments, Subdivision 146, Willen Corp., prepared by Jack Haslinger, Battalion Chief, Woodside Fire Protection District, May 21, 1984. c. Preliminary Geologic Review, Subdivision 146, Willen Corp., prepared by William Cotton, Woodside Town Geologist, April 26, 1984. 6 i d. Concept Subdivision Plan, Summit Springs Property, prepared by Gutoff Associates for the Willen Corporation and Block Bros. Industries, April 9, 1984. 3. Wallen Corporation (BKF Concept Plan) a. Environmental Assessment, Summit Springs Property (Willen Associates), prepared by Donald A. Woolfe and Associates for the Town of Woodside, June 16, 1981. b. Preliminary Geologic Review, Preliminary Conceptual Master Plan, Summit Springs Property, prepared by William Cotton, Woodside Town Geologist, May 12, 1981. c. Access Road and Drainage Investigations, Summit Springs Property, prepared by Richard Whaley, Woodside Town Engineer, June 8, 1981. d. Preliminary Conceptual Master Plan, Summit Springs Subdivision, Prepared by Brian, Kangas, Foulk, Civil Engineers for the Wallen Corporation, November 14, 1980. 4. Block Bros. Industries: a. Percolation Test Results, Summit Springs Subdivision, prepared by Wilsey, Ham and Blair, Civil Engineers, April, 1962. b. Preliminary Soil Investigation, Summit Springs Subdivision, prepared by Woodward Clyde- Sherard for Block Bros. Industries 1961. c. Topographic and boundary mapping, Summit Springs Property, 200 scale, 10 foot contour interval, prepared by Hammon, Jensen and Wallen for Block Bros. Industries, 1961. I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ATTACHMENT 1 Teague Hill Open Space Preserve `a KINGS MOUNTAIN ROAD HUDDART COUNTY PARK . 0. ,...... -. :. . Zvi' k 9 .. ! PURISIMA CREEK REDWCDS - . OPEN SPACE PRESERVE 6 0 t k: - G :..;, ..,. :::: � . o : :. ►.: .: ....:::...:>«... ..;:::�. :;:;:. :<,.,;;;i.i.,:,�:.;:::;;:.:.,::... 100 Wq r r •t i r � Jt <<',� y PARCEL ONE • _.� '� �. ! ! �' � `,l \ 1 i { '• S� �.• �" �t ♦ r i a Say 5 /! Fpir ` PARCELTW lL j i - r r i f: fllr� Teague H ��� Q \ Xi w SAN MATEO COUNTY 1 RIDING& HIKING TRAIL �, 'moo ) I ` 1 r= s ! - ► 91 ,SKYLINE BLVD ,f EL CORTE DE MADERA X. OPEN SPACE PRESERVEWUND r SKEGGS POINTRLICH - 2 '�� �� � � �r, �J� � :COUNTY PARK it �Q ''o / . -� 6l NOTE: TO BE SOLD 1/2 Mi. ` '`C'.00TOBER a, 1�9_9 �`'F '� °' ATTACHMENT 2 — SITE PiAP nr r MI DPEN I NSULA REGIONAL OPEN -" S.a:V FRAN ISCO �• +G` _ ♦ s SPACE DISTRICT SURPLUS „• LANDS : WOODS IDE CA. rwusr.r[ 1 :r. - .♦fit;�> ♦ o U ° EDGEri00D� ••?�2' - r •'c STATE FISH AND \^�,.'._ - �PAAX ` t[V^[t / •Y 'Itit Y yt. ,�r ♦.4` ttow ` ;ti �• - lt 1\,r •r 4 �5 d. �I ♦r vw!1 ll� � � ? S GAME REFUGE I `V`� - Inc �rrot,r. ��' ! c t'�'�� .i RK � � •`}�0 -- a ILLS ERAl011�- y � ♦ pOtf � �� / L \=�• .-`�•roos,oE+` oo [ot. tm.[e �/ caCOUEGE , s -� ji i,4 ,y ♦♦ w "3)' t'.• , CIS. �/ aY \� r K r.♦ ♦\ / wlOo y°ff (j \ Z`�.' `����' •. ' JUM„ERO 10 f?,c \\ . ....------ ------1 _ ..H000ART't yc f X n �AAK b, J ' \'�4 e'� e( yy„r[•°°'ot �J N,T.AII`f \ .}4 •+s.V •/ _� • ? =i� r°..°°°saK , � � \� J�! 4+ ro' v p0•. . PARCEL _ s fE 2 E 0:�E a v �l �N v r ♦ 0 •.0 4 - p tG ..p �'• D � S i s �, D E ScPA:ZCEL TWO ♦" � � t S�Eaa1 upa�vA t! GS/E^+OS•r-,__._. __ ... ` .•+E _=^~ _3�s�'��• - "� /~ E�.].rt Et.7J15 •Ou!?R10,t000 TIES / J "'+L'"t,:i•::K :r' `• o.p�.o t0 .,,:. 41 JASPER `r � FR WUNDERUCH�`�.^erc'R'Y.•�.,\t`./ .�.yf [ �J( -�''`. t- � �!o��NwOCVQO,[Ol a ti� /�) ♦,i., .PARK Open, Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: May 25, 1994 SUBJECT: FYI r 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 General Manager:L.Craig Britton f ATTACHMENT 3 Wk come to Open L. ace 0 Midpeninsula Regional Open Space District San Combined with other public parklands, Francisco the District's 23 preserves create a Bay greenbelt extending from San Carlos to Los Gatos. Since 1972, the District Redwood has acquired over 35,000 acres of San City open space. Carlos 101 as San Mateo Co. 35 N s Palo Alto r 280 �S 237 Mountain Woodside 4�1 View 35 Sunnyvale ss 2 Santa Clara Co. Cupertino 3 O 0 1 2 3 4 10 Scale in Miles 6 i4f) San Jose 9 Santa Cruz Co. Saratoga 9 _ Midpeninsula Regional Open Space District 17 Los Gatos Federal, State,County and City Parklands Open Space Preserves You May Wish To Visit. Trails Fy ®®©®®® `Fc�Preserves Acres ¢' o-� Special Features 1. Fremont Older 739 * Historic Home 2. Los Trancos 274 Earthquake Trail F 3. Monte Bello 2634 0 0 4010 01 0 * Backpack Camp 4. Picchetti Ranch Area 308 0 49 4010 0 4010 Historic Winery 5. Purisima Creek Redwoods 2596 6. Rancho San Antonio 972 9 0 010 0 010 Deer Hollow Farm To obtain 7. Ravenswood 471 0 0 10 0 Bay Trail a Visitors Guide 8. Russian Ridge 1547 for information 9. Saratoga Gap 614 9 0 0 0 on all preserves 10. Skyline Ridge 1258 40 0 40 40 0 Alpine Pond call the District office 11. Windy Hill 1132 0 0 0 Model Soaring 415-691-1200. * Permits Required Map Rev.8-1992 Midpeninsula Regional Open Space District Fact Sheet History: The Midpeninsula Regional Open acres. The preserves are open to the public free Space District is a public agency formed by of charge, 365 days a year from dawn to dusk. voters in 1972 to preserve a regional open space A small hike-in backpack camp at the Monte greenbelt, linking District preserves with other Bello Open Space Preserve is available for a public parklands. Initially located in northwest- nominal fee. ern Santa Clara County, the voters expanded the District's boundaries in 1976 to include south- The District's open space is generally kept in a ern San Mateo County. In 1992, the District natural condition, developed with only the annexed a small portion of Santa Cruz County, amenities needed to provide public access and making it the only tri-county park or open space low-intensity recreation. Diverse environments district in the state. at the preserves include redwood forests, oak woodlands, chaparral covered hillsides and During its first 20 years, the District has acquired shore frontage along San Francisco Bay. The over 35,000 acres of foothill and baylands open "developed" preserves include parking lots and space. The District covers an area of 330 square restrooms, signed trails for hiking, bicycling and miles and serves a population of over 600,000. equestrian use, and a few picnic tables. Board of Directors: The District is divided Programs: The District has active and growing into seven geographic wards, each represented docent and volunteer programs. The docent for a four year term by an elected Board mem- program currently includes 70 to 80 active ber. The Board holds public meetings on the volunteer docents who lead hikes and tours on second and fourth Wednesdays of each month the preserve properties. Last year, this program at 7:30 p.m., at the District offices. directly served over 2,400 visitors. The volun- teer program supplements the field operations Staffing: The staff currently consists of 50 em- program, providing individuals who donate ployees in four departments: General Adminis- their time and energy on a variety of projects tration, Land Acquisition, Public Affairs and such as trail maintenance, construction of Land Management. fencing or barricades, general office help or revegetation projects. The majority of the land management staff is in the field -17 rangers appointed as peace The District Speakers Bureau can provide a officers responsible for patrol, maintenance and guest speaker for your service organization, capital improvements on the District's preserves. homeowners group, business club or other The field staff also includes 12 other employees association. Also, available is a free-standing who are mainly involved in maintenance and photo display for use at your group's special improvement projects. events. Funding: The primary revenue source is a share Activities: The District offers over 250 miles of of the annual total property tax collected within hiking trails, ranging from easy walks to chal- the District. This amounts to about 1 .6( per lenging excursions. Bicycles are permitted on a $100 of assessed property value, projected to number of trails, and there are also many trails provide approximately $9.7 million in fiscal where horseback riders are welcome. year 1992/93. Other revenue sources can include federal and state grants, sales of surplus For More Information: To get on our mailing land, interest and rental income, donations and list, receive a preserve map or obtain further note issues. information on any of the District's preserves or programs, please call (415) 691-1200. Our Land Management: The District currently has 23 address is 330 Distel Circle, Los Altos, CA preserves, ranging in size from 54 to 9,547 94022-1404. Rev. 1/9 3 Open Space ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 25, 1994 Bill Andrews, Consultant California Department of Education Environmental Education Grant Program Science and Environmental Education Unit P.O. Box 94272 Sacramento, CA 94244-2720 Dear Mr. Andrews: Midpeninsula Regional Open Space District (MROSD) is -pleased to submit a proposal for Environmental Education Grant Program funding for the construction of science exhibits for the David C. Daniels Nature Center located in Skyline Ridge Open Space Preserve. MROSD was established 22 years ago to create a greenbelt of public open space for the benefit and enjoyment of the people of the San Francisco Bay peninsula. Today, MROSD operates 23 open space preserves encompassing more than 36, 000 acres. The growth of the greenbelt has required an increased commitment to stewardship for the preservation and protection of the natural environment. This commitment has included the development of a professional operations staff to manage the growing District holdings and ever-changing visitors demands. Emphasis on education has increased in concert with the, growth of the greenbelt. MROSD views environmental education as key to expanding the level of awareness and understanding held by the public-the ultimate stewards of the land. Our proposal requests funding for the construction of exhibits at MROSD' s first nature center. Installation of the exhibits will allow MROSD to open the David C. Daniels Nature Center to the public and expand the educational programs offered by our 17- year-old docent program. I encourage you to provide matching funding for the development of our visitors services. Thank you for your consideration. If you have any questions about our project, please feel free to contact me or Mary Gundert, Open Space Planner. Since ,ely, L. C aig Britton General Manager 330 Distel Circle o 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 General Manager:L.Craig Britton .Open Space" 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i May 20, 1994 Alex Zuckerman Editor, REBAC Reporter 3313 Grand Ave. Oakland, CA 94610 Dear Mr. Zuckerman: I would like to thank the Silicon Valley Bicycle Coalition for providing a forum for information on the San Francisco Bay Trail and Midpeninsula Regional Open Space District. Regarding the article written about bicycle access to NASA in your May/June 1994 issue, I would like to provide the District's perspective and additional information. The Midpeninsula Regional Open Space District (District) does not oppose development of a bicycle route for NASA employees between Stevens Creek Trail and NASA's northwest gate. Contrary to a statement in the article, the District has not attempted to block this proposal but h expressed n over as e p essed concern o e various design, management and lability issues. These issues are important to the District because we hold title to a public trail easement over Crittenden Bridge and the east levee where the project is located. The Districts easement is for the P � g purpose of enhancing public trail access to the Bay Trail i and Stevens Creek Shoreline Nature Study Area. To date, Crittenden bridge and the east levee have not been improved for public trail access because we prioritize our limited funds and resources toward projects that offer greatest benefit to the general public. The proposed project not only entails improving the bridge to comply with public standards but includes providing a responsible level of patrol and maintenance to ensure safe public access. Until the Bay Trail is established in this area, the general public has sufficient access to Stevens Creek Nature Shoreline Area across a pedestrian bridge to the north of Crittenden Bridge. The District fully supports NASA's proposal for employee trail access so long as NASA assumes the responsibility for improvements; management and liability. The District has been investigating ways in which this can be accomplished while reserving our rights to develop the public trail easement over Crittenden Bridge and the east levee when funding and staff resources are available for a project that offers general benefit to the public at large. Until this can be accomplished, NASA may wish to move ahead with employee trail access by exonerating the District (and its constituency) from liability associated with their i improvements and management which would be limited to employee access. I would like to address another point that was made in the article regarding cooperation between-the Navy, NASA and Bay Trail Project. Although the 10 year planning process has been a long and arduous one, both the Navy and NASA have supported the concept of the 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,Betsv Crowder,Wim de Wit Genera!Manager:L.Craig Britton Alex Zuckerman Page 2 I Bay Trail. Prior to the announcement of the base closure at Moffett Field, the Navy resolved many of the issues surrounding trail access and was committed to obtaining , necessary approvals for the project. When NASA assumed responsibility over Moffett Field, they were not obligated to honor informal agreements between the Navy and representatives of the Bay Trail Project. NASA chose instead to re-evaluate the Bay Trail in context of their Comprehensive Land Use Plan. Through this process many obstacles, unfortunately, resurfaced and attempts are being made to resolve them. Therefore, it is incorrect to say the Navy has been more or less cooperative than NASA. I think it is safe to say that this section of the Bay Trail has been one of the most difficult to implement. Thank you for the opportunity to provide information to the readers of the REBAC Reporter. Sincerely L. raig Britton General Manager LCB.jb cc: Board of Directors, MROSD Silicon Valley Bicycle Coalition John Ciccarelli, Vice Chair of Santa Clara County Bicycle Advisory Committee Attachment I i I i i i -Por-ter Un� 19q Th- -E-BAC R, Page 3 'I frOewa7 and nevrrz! high- M j� Xnitajn V1.eW X sexed ramps k r,", it. To F,&&tt per IfTainl, security,the PfO;cSo3ed Sate would use,a v;d., R—, _n1cdJrvm The ScFbrdrig Crank,ncxj- link like tyre one used for late-rright bike by'"en Ply cirri letter of the Szhc.�n Valley Ricide C�i6vn insa of the Golden C-Ate Bridge. The Water Dist=-(SCVW-D); ,,-A the 11 WMt'Fiv-1 d,1-17h;Ch MI uc:-c-s N A 55 A An,Ls, A c--rpmcnv on',1Y12y 12th C i ty C.f M--)-an t-L,n View are b 1-,-<-k in -1!1 has o-,v,-2Q0_ b i cy�,'v, co m m 1; `e 3 , inau,-Zura- e,+*�by NASA,&-mo-itoir7nt�allabic-r.!e indicates that arKftEer 3W would bicycle 11 ion of the progr;rn commuter access state at the Crittenom work if safe accesa was p to 'A'IIFTeby f0u!bi(VC_'e,3 acx=rno- rQvidc-d, EM?Ioyees 4 1 Lame bficig* over Stcv4z= Creek ncztr at K�SA A-um hAve workcd two C�l t--ch tz:Ll y R2- Shoreline Amplitheatre, though the fw,.dizig" rapprLwal from m rujgerner C,'r .3 t i and prcjec is fLn_.j_4 _4 II t! bungs co r cly ixu ta I J E"J. The KdpenirLsula Regional Open The Dcz�dlock It is anticipated kha t eadi train yjil Space vi�ihcl(-MF05D)anti City offic:2,is SCYrYD will not grimt easements for con- have four cars, three of which will be believe that by b!D&Ing dl,�-pruiect ti-a-V Ftr`X n Cf the sn'te,rAX'.ViU 11 &:L-�� will L'%cfe"o prv��- ;rc trailer cars, each trailer car havio On N-A-SA L-_ a*:�_ a prc-;e t��. Ray Trail a�-=x!e,x! af&umcs liability.T1,jo of MounLaLrl ew four-bike capacity.In 6e rare event ti%at City V I north end of Maf t Field. But with the would imn=e liability tl:e area and=_on a secend cab car is substitut-,-J for a Navy's departure from the base,NASA ffie bridge for public u-but not Lmti]N.�SA trailer car(for -nainti�nanc_- purper5ei offidak are already working to rvrnrrvL appmven the Bay Tra if ahi�nment acru"the up ti)fin_-. bid am allcwe, tn obsi;+des bri it W Bay Trai�so iiw refusal to jln)ftllerxdoidwbase. approve the Gate des r*-,thing toslxd aisle of the cab car tn, UAY-1 rail ace r Las:ppt,�L it 1--r=tj 2CC,ac- Alwo,MFOS-D ha:5,tii cn tll-x czt iT,,)tiv,% tual and An p�a�AFal roc."Mut-n to -C C Cif f S t-—C--,�v k r.C\t t*t:nx n f�-,—rL"-,-C Moffett Field —41at's '-KV rnn7e c_-rs 0!ti but rrfu _ to zn-wr in':;a jc;-:T-,I 13FP as-Nrnent Present plans call for still limiting Io,_--d stieem and freew3ys, with NASA{the bike r,).jw would cTuss the bicycles to dcsigrxated trains,LnkLC3tL-,_4 eal;emlmt), If NASA pm<cds with t1v 4Mtal- by a"B"in the j~r",e table,a'Z t17R head d Bay Trarl and Moiivd Field Lation of the gate,they have been told that F the 1!1_'�lurnn by the t7air, nurnt-er. A or tears "-y Trail advocates have SCV�VL)will block the gate with a I IC-Ing tl-.:�'-z-dk,gap L=, -Grr�- Clr=o:nedof d - - p, mt bicycle decal,,riLl be Mountain View's Shoreline Park to Aaiun N e Ad ed W t S--'Myvak'a Bavlard5 Pa:!< _-tces 4--x rah the cuts de of the bjCyck�-accP_s_;i`1b1e -If you five in Wxhitain Vj&,y,",,e�y il Cars- end arf NV.fedFieAd. While tle Navy ran you v.,ork at Moffett, tell your cit �wb.Lqp-littlapmgrt-.�w-,igrnad,, rntnzi- y Bicycle-3 will be stored against,ttach tiom were stored ift this arca. Wx1J:�j=1cnbo:s bD enrl tN3 arriwork other againstthe window, with with NASA to both increase nonpolluting coTrr-,utL_,and prc-pare for the handlebars� Sta--e-ed for compact stc-;,- "n 1;� ,d-�rV hive �ave ditrz;gy Fax Emm s hxv Bay Trail. C. - age. The owners are asked to sit rL,_-;Iby walling the l5dy Trail NASA offi- 61f you're a trail a�.:lvo"te,teli tilkt so that ffie bikes can be renrrangtd as clals have befn wcr�3 diligm6y to rr- Spca Lbhct,,.&rab 011-In.art"I L move bazardmis obnades arum the ba-,-e , L*�ir refusal to bicyclist prepare to ueave the tairL perimeter in order to approyv the Efav allowNASAjoint use of:heir levee eaw.-wnl JPB mAragement is opposed to peak- , c3cx--Q no+_ir-,3 to sr"-. Bly Trail compktim =Trail aligrnt NASA recently approved hour a a per t_icnr ci the wail alb work is CC�ntlriu ard hurts Ex envir--nment by huh- because of feats the process dreds of cars on the road. ing 17-%appmove l:J=:r-_-.-.de:,o 4 f:.heE tz of entering and leaving the train will delay other passengers, and thus the The Bike Oxm 'Call Or fax your county supervisors(the rrtzt�-_Gate supervi5or for District 5, Whie-h cent . Schedules,So UbTv),St=Tmation I:r,,all 7herr i!-already a tru&.-caF,-_b1L-briidFe alm NlotLnttaln View,is Diariw.NIcK==-.3)and t~!! bic-f cli5ts is es--c-n.iia I fot.succ,�3 f--f the across Stevens Creek at the end of Cri t�=:0 16,or!4,;Yi"41 Lhe Parti C-,0 n t-0 th s i des to prc�7- 3m,ar.d 1-�Dpes for expanding it till fterden Lane, just east of Shoreline resolve th�wnpro&ctive Lrr paw-c. I 'a- tre.It ia currtntly &M all trains in the ni-ar futur�,.(All trains Amphi locke-d, and a hmr-- s,.trrcurZs MoHe:! We All want to e*y a trail rin#rtg b&irveen San Juse and Cilroy remz1a Pnr"e-ty ex-A 4 dhe creek. but holding bike C=M UtkM the Bay, bkycle-acces,-41:�Ie.) booage is not the 'way to rr�it IIII If t�e bridge were ope_�a&ate in tf�e 13icycle permit applicatim can be bane fence at ffii3 point would allow bike Jahn CLCCarelll; omunirtexa from the west(NfauntaLm View, WCC Char,"xita V.4m cownly obtained at staffed CalTr ain 5tatiorts,or Palo A!Lo,Nk6o PaA,and poiab west)to by ca ffing 800{6L42V. Open Space I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: John Escobar May 13, 1994 Operations Manager Malcolm Smith Public Affairs Manager 415-691-1200 OPEN SPACE DISTRICT BEGINS RANGER BICYCLE PATROL Los Altos,-CA-- Visitors to some of the Midpeninsula Regional Open Space District's preserves may have witnessed an unusual sight last weekend--uniformed rangers riding mountain bicycles on portions of the District's over 200 miles of trails. The District has inaugurated its Ranger Bicycle Patrol Program in the hope that this trial program will prove to be an effective means of educating visitors. Putting rangers on mountain bicycles provides increased opportunities for educational contacts with visitors, and enables rangers to cover more miles of patrol area in less time than on foot. Four District rangers are assigned to the bicycle patrol and will be patrolling at various open space preserves. The goal of the Ranger Bicycle Patrol Program is to promote the safe use of District trails, to reduce potential use conflicts, and to enhance ranger visibility and effectiveness. The District allows mountain bicycles on a greater variety of its trails than any other Bay Area park or open space district, and has long been supportive of accommodating multiple le trail uses. With steady increases in all uses, particularly mountain bicycles, it is the Districts responsibility to actively manage public use and"provide for high levels of compliance with land use regulations. It is through individual compliance with regulations that the District can best ensure a safe and enjoyable experience for all visitors, as well as the protection of the natural environment of the open space. The pilot program will continue through the end of November, after which it will be evaluated for continuation. (more) 330 Distel Circle • Los Altos, California 94022-1404 • Phone:415-691-1200 FAX: 415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Open Space ----------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Craig Britton May 12, 1994 General Manager i - Malcolm Smith Public Affairs Manager 415-691-1200 OPEN SPACE DISTRICT HIRES NEW LEGAL COUNSEL i i Los Altos, CA--The Board of Directors of the Midpeninsula Regional Open Space District last night selected Ms. Susan M. Schectman as its new legal counsel. Ms. Schectman succeeds the District's long-time i attorney Stan Norton who retired in March of this year. i Ms. Schectman will provide the District with an estimated 40 hours of legal services per month. Her general duties include advising the Board and staff on the legalities of District operations, providing counsel on diverse legal questions and considerations, and supervising the District's various outside counsel on specialized litigation matters. I For the last ten years,Ms. Schectman has been the City Attorney for the City of Pacifica where she I was responsible for providing legal advice to the City Council,the Planning Commission, various boards and commissions, and the city's department heads. She has a strong background in land use issues, parks and recreation matters, and environmental law. Prior to her work with the City of Pacifica., Ms. Schectman had a private practice,was a member of a prominent law firm, and was an attorney for the Environmental Protection Agency. Ms. Schectman will begin her duties with the District immediately, and will finish herwork with the City of Pacificaa within another month. The Midpeninsula Regional Open Space District, extending from the Town of Los Gatos to the City of I San Carlos, is a public agency which owns and manages over 36,000 acres of diverse open space in 23 open I . space preserves. (more) i 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 Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. District lands provide permanently protected wildlife habitat, natural resources, watershed, and a variety of ecosystems, and are available for passive recreational use by the public. The District's goal is to acquire a continuous greenbelt of protected open space lands for public use and enjoyment. There are approximately 20,000-30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards, each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. Open Space 1 1. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: May 20, 1994 SUBJECT: FYI I i w 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 General Manager:L.Craig Britton Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 18, 1994 Mr. Gene Gutt 1013 Russell Avenue Los Altos, CA 94024 Dear Mr. Gutt: I'd like to thank you for at the Open Space District Board meeting on May 11. It's always a pleasure when members of the public come to a meeting and take part in the decision-making process. Thank you also for the opportunity to provide you with the background and status of mountain bicycling issues on District lands. As you may know, the District allows mountain bicycles on a greater variety of its trails than any other Bay Area park or open space district and has long been supportive of accommodating multiple trail uses. With i h District'sresponsibilityiv 1 m li increasesin ail uses it s theto act a ana e ub c use and enforce its land stead y g p Y use regulations. It is through individual compliance with regulations that the District can best ensure a safe and enjoyable experience for all visitors, as well as the protection of the natural environment of the open space preserves. I want to assure you that the District has worked very closely with mountain bicyclists in trying to accommodate their use on District lands. In fact, we have undergone a nearly three-year process of developing guidelines and policies regarding bicycle use. The result is a document entitled Trail Use Guidelines and Mitigation Measures (copy enclosed)which was developed over that three-year period with continual input from visitor groups representing hikers,bicyclists, and equestrians. We have worked particularly close with an organization called Responsible Organized Mountain Pedalers(ROMP),which is a mountain bicycle advocacy group. This set of guidelines assists the Board in determining which types of uses are suitable for which types of trails. The guidelines recognize that there are numerous factors to be considered in determining trail safety and environmental suitability. In addition, they include an extensive list of measures(limitations, modifications, education, enforcement)that may be applied to allow particular uses on a trail'(such as bicycling)that might otherwise be deemed unsuitable. This is consistent with our policy and philosophy of trying to accommodate all types of low-intensity use. i 330 Distel Circle Los Altos, California 94022-1404 Phone:415-691-1200 FAX:415-691-0485 Q Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager L.Craig Britton A number of other measures aimed at reducing trail use conflicts were developed during the three-year process of producing the District's Trail Use Guidelines and Mitigation Measures, involving representatives from all of the major trail-use groups. These measures will continue to be in place along with the Ranger Bicycle Patrol Program, and include: • wide distribution of the District's"Sharing The Trails" etiquette and safety brochure; • outreach and information distribution to bicycle, hiking and equestrian retail stores; • a cooperative effort with mountain bicycle organizations to implement information stations on the trails; • a volunteer trail patrol program consisting of volunteers on bicycle, horse and foot at the preserves making education and information contacts with visitors; and • limited use of radar at key locations to educate bicyclists and enforce the trail speed limit. It is hoped that these measures will play a significant role in educating and informing all types of visitors about appropriate trail use, etiquette, and protocol, and the safe use of District lands. The Midpeninsula Regional Open Space District, extending from the Town of Los Gatos to the City of San Carlos, is a public agency which owns and manages over 36,000 acres of diverse open space in 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. District lands provide permanently protected wildlife habitat, natural resources, watershed, and a variety of ecosystems, and are available for passive recreational use by the public. The District's goal is to acquire a continuous greenbelt of protected open space lands for public use and enjoyment. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards, each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. i May 18, 1994 Mr. Gene Gutt Page-2- You may be interested to know that a number of measures aimed at reducing trail use conflicts were developed during the process of producing the Trail Use Guidelines and Mitigation Measures. These measures include: • wide distribution of the District's "Sharing The Trails" etiquette and safety brochure, targeted to hikers,bicyclists, and equestrians; • outreach and information distribution to bicycle, hiking and equestrian retail stores; • a volunteer trail patrol program consisting of volunteers on bicycle, horse and foot at the preserves making education/information contacts with visitors; and • improved signing and site maps • a Ranger Bicycle Patrol Program, putting several rangers on mountain bikes to provide higher visibility, increased opportunities for educational contacts with visitors, and enabling rangers to cover more miles of patrol area in less time than on foot; • a radar program intended to educate the public and enforce the speed limit. It is hoped that all of these measures, when used together, will play a significant role in educating and informing all types of visitors as to appropriate trail use, etiquette, and protocol, and will provide for safe use and the protection of District lands. Thanks again for the opportunity to provide you with this information. I've taken the liberty of adding your name to our mailing list to keep you informed of any upcoming meetings or workshops regarding trail use that you may want to attend. I've also included three additional documents for your use-- How Trail Use Decisions Are Made, a Sharing The Trails brochure, and Types of Trail Information Available. Please don't hesitate to contact me if you would like any additional information or have any questions about the District or its policies. I Sincer y, L. Craig Britton General Manager cc: Board of Directors i UA`f ELAYNE DAUBER 27930 ROBLE ALTO LOS ALTOS HILLS CA. 94022 415-948-6948 May 17, 1994 Board Members and Administration of Midpeninsula Open Space District 330 Distel Circle Los Altos, Ca. 94022-1404 Dear Midpen Board, Craig Britten, etc., I just wanted to let you know how much I appreciated the tour last Saturday. Although I had been to several Midpen areas before, there were many I had not seen and certainly didn't realize how they all linked up. The tour was excellent in showing how all the Midpen lands fit together to form the region and how essential the missing connecting links are to the overall plan. 1 was most impressed with the dedication of the Board of Directors and feel very fortunate to have you all protecting our open space. Thank you for the excellent tour, and thanks especially to all of you for the wonderful work that you do. cerely, Elayne Dauber I 04 �o MAY 18 ►:, ell 1900Z 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 867-3438 0 COUNCII.MEMBERS: Karen Anderson May 17 , 1994 Ann Marie Burger Willem Kohler Victor Monia Karen Tucker Ms . Ginny Babbitt President, Board of Directors MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022-1404 Re: May 14 , 1994 VIP TOUR Dear Ms. Babbitt: The Saratoga officials who attended Saturday's VIP Tour want to thank you and everyone responsible for a truly remarkable day. Beginning with donuts and conversation, followed by an educational bus trip through the Open Space District, and ending with wine tasting and a delicious lunch, a good time was had by all . You can rest assured that we will spread the word about this most wonderful treasure. Thanks also for keeping us informed throughout the year about the District. Sincerely, Karen Tucker Mayor jm Printed on recycled paper. i Open Space 1 1 ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NffMOP_ NDUM To: Board Dog Committee May 12, 1994 Volunteer Task Force Dog Access Mailing List Fr: Randy Anderson, Planning Managers , Re: Progress on dog access program review Our last public workshop was on December 14, 1993; and our last public communication was January 10, 1994 when we called for volunteers for a Task Force to conduct background research, presented a draft schedule and scope for the studies, and provided a summary of the December 14 meeting which focused on District staff's experience with managing the existing dog access situation. Since that time the Task Force has been formed and completed their general background P g g research of other agencies' policies, practices, and experiences with respect to dogs. Task Force members include: Dan Bernstein Marjorie Ottenberg & Bob Wallace San Mateo Saratoga Stacy Fox Noel Thompson Peninsula Humane Society Menlo Park San Mateo I Johann Heinzl Helen LaRash. Los Gatos San Carlos Task Force meetings were held on February 3 and March 16, and the Task Force basically completed its research by the end of March. Since that time, District staff have been conducting focused, follow-up research with local agencies to clarify the situations, with and without dog access, which are most similar to the District's conditions, Our current projection is that a draft report, including the Task Force and staff research, and program amendment alternatives, can be published for a public meeting in July. The draft will be provided to the Task Force for comments first. We appreciate the work of the Task Force and the many comments that people have sent in regarding expansion of the dog access program. They have been passed along to the Board's Dog Committee and will be considered as we continue through the process. 330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485 Board of it Directors:Pete Siemens,Robert McKibbin,Teena Renshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,b1'im de Wit General Manager.L.Craig Britton i r I (This outline provided to Dog Committee and Task Force for your information/comments) Draft Outline of Contents Dog Access Research and Alternatives Report 5/12/94 1 INITZODUCTION 1.1 Scope and objectives of the study 1.2 Board Dog Committee 1.3 Summary of public workshops 1.4 Volunteer Task Force research/role 2 BACKGROUND 2.1 Background of existing District dog access program 2.2 Management experience with dog program 2.3 Other local access opportunities and plans 3 RESEARCH 3.1 en G eral dog access research by Task Force 3.2 Focused follow-up y research b staff 4 PROPOSALS 4.1 Issues, opportunities, and constraints 4.2 Alternatives for program amendment 4.3 Management and monitoring criteria 5 APPENDICES - complete research information, questionnaires, forms, checklists ill (This outline provided to Dog Committee and Task Force for your information/comments) Draft Outline of Contents Dog Access Research and Alternatives Report 5/12/94 1 INTRODUCTION 1.1 Scope and objectives of the study 1.2 Board Dog Committee 1.3 Summary of public workshops 1.4 Volunteer Task Force research/role 2 BACKGROUND 2.1 Background of existing District dog access program 2.2 Management experience with dog program 2.3 Other local access opportunities and plans 3 RESEARCH 3.1 General dog access research by Task Force 3.2 Focused follow-up research by staff 4 PROPOSALS 4.1 Issues, opportunities, and constraints 4.2 Alternatives for program amendment 4.3 Management and monitoring criteria S APPENDICES - complete research information, questionnaires, forms, checklists i �. CITY OF MONTE SERENO 18041 SARATOGA•LOS GATOS ROAD MONTE SERENO, CALIFORNIA 95030 TELEPHONE: 406-354-7635 FAX: 408.395-7653 May 10, 1994 The Planning and Conservation League 926 J Street , Suite 612 Sacramento, CA 95814 Dear Mr. Jerry Meral: The Monte Sereno City Council has voted to support Proposition 180, the California Wildlife, Coastal and Parks Initiative. We are well aware that this measure is necessary to improve our present parks and to expand our open space. With the present dwindling funds at the state level, we have to rely on ourselves to save our natural lands, for ourselves and for our grandchildren. Sincerely yours, Dorothea Bamford ' Mayor 4v''6c: L. Craig Britton MROSD DB/sl r �_ � __ ___ / I art f ', I III �I III I Ili III I � I Claimz:.,4u9440 =~ MeetingA41S Date: May 25. 18Q4 REVISED ` K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5903 124.09 American Welding Supply Equipment Repair 5904 8.66 Best Impressions Volunteer Recognition Supplies 5005 97.50 CadeenBmuinm Reimbursement--Professional Dues � 5906 8700 Breon. .QOonneU. Miller, Lmoo|Gen/in�n � Brown�LOemnim - � 6907 351.82 Business Interiors Office Furnishings � � 5908 203.83 California Water Service Company Water Service � 5900 22.66 Coastnide Gas Service Propane Fuel � 5910 484.34 Annette Coleman Reimbursement--Patrol Equipment � � 5811 5625 Communications Research Radio Repair � � 5912 688.85 Davidson Chevrolet Vehicle Repair � 5013 47.00 Decatur Electronics, Inc. Radar Equipment 5914 200.08 David B. Fisher Legal Services 5915 1.024.51 First American Title Insurance Escrow Fees and Title Insurance � � Company 5916 13.18 Foothill Safety, Inc. Uniform Expense � � 5917 763.16 Foster Bros.Security Systems, Inc. Padlocks and Keys | �� 5918 2018 G��K Services Shop Towel Sen�ce � � 5910 325.55 PeterGruchmwka Mt. UnnunhunnAntenna � i920 97.50 Haas Center for Public Service Stanford Intern Wages 5921 894.08 The Habitat Restoration Group Pu|gam Ridge Restoration Plan � 5922 106.92 The Home Depot Field Supplies � � � 5923 42.69 Honeywell Protection Services Alarm System Maintenance 5924 38�25 Hyster Sales��omnpany Equipment Repair � � 5925 296.00 Labor Relations Information System Seminar-J. Fiddao 5926 115.71 Julie McCullough Private Vehicle Expense 5927 1.216.35 Miracle Auto Painting & Body Repair Vehicle Repairs � 5928 88.87 Moffett Supply Company Sanitation Supplies � 6929 41.19 Murray& Murray Legal Services � 5930 452.00 The New Leaf Catering CedehnQ'4/|PTuur � � 6031 54.58 Northern Energy Propane Fuel � 5932 27.98 Nornay'mof Mountain View Office Supplies � 5933 1.030.00 Nutmeg&Company Catering Catering--Docent/Volunteer � Recognition Event � 5934 688.34 Office Depot Office Supplies � � 6935 454.97 Old Republic Title Company Title Policy � 5936 604.80 Orchard Supply Hardware Field Supplies 6937 1.345.62 Pacific Bell Telephone Service � 5838 130.56 Porter Rents, Inc. Linen and Eao|eRerte|'4/|PTour � 6939 20.74 Precision Engravers, Inc. Name Badges 5940 69.00 The Pryor Report Subscription *Urgent check issued mn May 13. 1QD4. | � � ' Claims No ~ .O � Meeting 9445 � Date: May 25. 10S4 � REVISED YN|DPE@|NSULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description 5941 90.00 Rabbit Copiers, Inc. Equipment Maintenance 6942 32.50 Rayne Water Conditioning Water Service 5943 48.13 Reed&Graham, Inc. Cement Mix 6944 30.000.00 Reynolds, Roux, Price&Camas PropedyPuvchmue—Fa|er 6845 277.31 G &VVEquipment Company Equipment Supplies and Repairs 5946 143.00 San Mateo Times Newspaper Subscription 5947 50.00 Saratoga Village Association Registration Fee--Display 5848 200.00 Service bvMedallion Construction C|menup—Re|dOffice 6949 4.250.00 E. R. Sheehan Grading and Equipment Rental 5950 234.44 Shell Oil Company Fuel � 5851 101.98 Smith Equipment Company Equipment Repair � 5952 2.353.13 JeneSokmde Consulting Services � 5953 29.81 Go|anoPreom Resource Document 5854 36.58 Taylor Rental Equipment Rental 5055 640.84 TIC. Toure Bus Rental for VIP Tour 5956 1.928.85 Whitmore,Johnson&Bo|onoo Legal Services 5957 95.80 The Workingman's Emporium Uniform Expense 5858 140.70 Joan Young Reimnbumernerd--Gupp|ieo for Volunteer Projects and Recognition Event 5959 800.00 Raoha|Oppedeh| Consulting Services 5960 450.64 Petty Cash Volunteer and Docent Recognition Event Expenses, Field and Office Expenses, Local Meeting Expense, VIP Tour Supplies and Maps � � � � � � | � � �