HomeMy Public PortalAbout19970709 - Agendas Packet - Board of Directors (BOD) - 97-18 Regional Open r7ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-18
SPECIAL MEETING
BOARD OF DIRECTORS
AGENDA*
5:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
July 9, 1997
(5:30) ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS
CLOSED SESSION
The Closed Session will begin at 5:30 P.M.
1. Conference With Legal Counsel - Anticipated Litigation - Government Code
Section 54956.9(c)
Initiation of litigation:
One Potential Case
(6:00) PUBLIC SESSION
** ORAL COMMUNICATIONS
ADOPTION OF AGENDA
BOARD BUSINESS
(6:05) 1. Proposed Addition of McKim Property to Monte Bello Open Space Preserve;
Determination that the Recommended Actions are Categorically Exempt from
the California Environmental Quality Act; Tentative Adoption of the
Preliminary Use and Management Plan Recommendations, Including Naming
the Property as an Addition to Monte Bello Open Space Preserve; and Indicate
your Intention to Withhold the Property from Dedication as Public Open
Space.
Resolution Authorizing Execution and Acceptance of Purchase Agreement and
Amendment Thereto, Authorizing the Officer to Execute Certificates of
Acceptance of Grants to District, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to the Closing of the
Transaction (Monte Bello Open Space Preserve - Lands of McKim)
(6:30) ADJOURNMENT
Celebrate 25 Year197Ot997 ace FAX:41. nirosd@operispace.org www.ol)eiispace.org
p Preservation 330 Uistel Circle ® Los Altos, CA 94022-1404 - Phone:415-691-1200
. 5-691-04£35 � E-mail: mrosd�o ens�ace.or= � Web site:www.o�>enspace.org Ct7
Board of Lhrec ton Pete Siemens,Mar C. Dave Jed Cyr,David T.Smernoff, Nonette Hanko, Bets Crowder, Kenneth C. Nits y y, y �� y � + General Manager L Craig Britton
Meeting 97-18 Page 2
*NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is
subject to change of order.
** TO ADDRESS THE BOARD: Tyre Chair will invite public comment on agenda items at the time
each item is considered by the Board of Directors. You may address the Board concerning other
matters during oral communications. Each speaker will ordinarily be limited to 3 minutes.
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 Board
members the General Manager and members of the public may request that an item be removed
from the Consent Calendar during consideration of the Consent Calendar.
NOTICE OF PUBLIC MEETINGS
A Regional Open Space Planning Workshop will be held on Wednesday, July 16
at Canada College, Building 2, Room 10, off Farm IEII Boulevard, east of 280,
Redwood City.
Regional Open ." ice
R-97-105 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 97-18
July 9, 1997
AGENDA ITEM
Proposed Addition of McKim Property to Monte Bello Open SP`ace Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act as set out in this report.
2. Adopt the attached resolution authorizing purchase of the McKim property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in
this report, including naming the property as an addition to Monte Bello Open Space
Preserve.
4. Indicate your intention to withhold the property from dedication as public open space at this
time.
DESCRIPTION (see attached Location Mao
The 59.95 acre McKim property is located in the Palo Alto foothills and is surrounded by
approximately 6,400 acres of public open space land. Situated at the intersection of Skyline
Boulevard and Page Mill Road, the property is considered of vital importance in preserving the
area's regional greenbelt and trail system. The property's location is strategic in that it plays a
valuable role in protecting the wildlife corridor between open space lands, the headwaters of Stevens
Creek watershed and views from the vast majority of trails at Monte Bello Open Space Preserve.
The McKim property is a natural extension and desirable addition to the Monte Bello Open Space
Preserve. The property is bounded by Page Mill Road to the west, Skyline Boulevard to the south
and Monte Bello Open Space Preserve on the remaining two sides. It is comprised of two
contiguous parcels; a 59 acre parcel located within the City of Palo Alto (Santa Clara County) and a
.95 acre parcel located in San Mateo County. The smaller parcel is wedged between the intersection
of Page Mill Road and Skyline Boulevard. Although the parcels are located in two counties, they
form only one legal parcel.
The center'of the property is developed with a number of residential and ancillary structures (see
attached Residential Compound Layout). In their current state, these structures and landscaping are
not obtrusive to preserve trail users but, if the structures and landscaping were significantly altered,
the character of the adjacent preserve could change dramatically.
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200
• 1972-1997 • FAX:415-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T:Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
R-97-105 Page 2
The landscape is characterized by steep, forested hillsides and lush creekside vegetation. Slopes
primarily face towards the north and east making them highly visible from the Stevens Creek
Nature Trail, Monte Bello Trail, Canyon Trail and Indian Creek Trail. The south portion of the
property is generally very steep and heavily forested with Douglas fir, madrone and bay. The
north, central, and west portions of the site are predominantly oak woodland and the slopes are
gentler, particularly near the center of the property. There is a relatively level grassy meadow
near the main entrance to the property along Page Mill Road. A tributary of Stevens Creek forms
the north boundary of the site and is lined with oaks and bays, has open understory and is
bordered by grassland. There are numerous animal trails in this area and an existing overgrown
road crosses the creek and connects the preserve to the property.
Other trails and paths are located in the southern half of the property. One, which is extremely
overgrown, intersects with Skyline Boulevard, descends a short distance to the west, turns back to
the east and parallels the highway to a point where it connects with an existing trail on the open
space preserve. It is possible this trail could serve as an alternate Ridge Trail alignment and a
connection between Monte Bello and Coal Creek Open Space Preserves. In the same vicinity,
another overgrown trail drops down the south-facing slope and connects to the spring site above
the pool house.
The property has been developed with four residences, two artist studios, storage sheds, animal
enclosures, swimming pool, one-half mile surfaced driveway, and water system. Outside of the
artist studio, located adjacent to Page Mill Road, the remainder of the structures are in the center
of the property in a residential compound. The compound is reached from Page Mill Road by
driving down a 1/2-mile surfaced driveway. There are four main structures which have been
used as residences and are described below:
Main House
The main house is prominently situated on the northeast edge of the residential compound
and overlooks Monte Bello Ridge and most of the District's open space preserve. The 2800
square foot brick home is comprised of two bedrooms, two and one-half baths, a large living
room, kitchen, den, and lanai. The vacant residence has been used both as a weekend
residence and rental unit. The exterior and interior of the structure are in excellent
condition. A 500 square-foot detached garage is connected to the house by a breezeway; an
underground fuel oil tank lies next to the garage.
Pool House
The swimming pool and 240 square-foot pool house are a short distance to the south of the
main residence. A shingled house overlooks the pool and has a moderately sized living area
with kitchen, bunk room, and bathroom. Both the pool and adjacent house appear to be in
fair condition and have been rented in the past. The septic system is reported to be
substandard and is very close to a creek. The structure has been used as a rental residence
but is currently vacant.
R-97-105 Page 3
Apw=ent and Artist Studio
Also known as the show barn, the 1,200 square-foot metal structure was originally
constructed to house show cattle and was later converted to a two bedroom one-bath
residence. The foundation is a concrete slab and extends beyond the main structure to
include a smaller 280 square-foot artist studio. The structures appear to be in fair condition
but there are apparent building code violations. The apartment is currently used as a rental
unit.
Bunkhou
This 900 square-foot structure is the oldest building and somewhat removed from the other
residences. It is has one bedroom, a bathroom and small kitchen and living area. The board
and batten barn-like structure is constructed on concrete piers and is located against the
hillside and relatively camouflaged by dense vegetation. The bunkhouse has been used for a
caretaker's residence for many years.
The water system is complex and consists of a series of developed springs and storage tanks.
Water is provided to the main house, pool house, and show barn from three 5,000-gallon water
tanks located directly above the pool house. The source of water for the tanks is from horizontal
wells located a short distance to the south in a steep ravine. The horizontal wells are springs
which are tapped with horizontal pipes driven into the hillside. The springs do not flow well in
dry summers and a pipeline has been extended from the tanks to the upper driveway where
delivery trucks can augment the water supply. Another spring and 4,000-gallon water tank lie to
the south of the bunkhouse and serve that structure exclusively.
There are a number of ancillary structures, fencing, sprinkler systems, and paths on the property.
Some of the structures served as animal pens and are in disrepair. A series of underground
drainage and slope stabilization improvements have been installed on the hillside immediately
north of the main house. Three disposal sites were located during staff investigations; the largest
one is located below the upper driveway and had been covered with tree prunings.
The size and setting of the residential compound account for the high cost of the property but do
not seriously impact the surrounding open space. Ordinarily, the District would not undertake
such an expensive project associated with acquiring residential structures, if it were not for the
importance of the open space and potential impacts future development could have on
surrounding preserves. As with the case of other similar properties where expensive residential
structures are acquired, staff will be investigating potential uses of the structures and return to
you with plans for their use and/or disposition.
USE AND MANAGEMENT PL• N
Planting Considerations
The property is located within an unincorporated area of Santa Clara County and zoned HS
(Hillside), requiring a 20- to 160-acre minimum lot size dependent on the average steepness of
R-97-105 Page 4
the property. The Santa Clara Countywide Trails Master Plan shows regional trails in the vicinity
of the property paralleling Skyline Boulevard and connecting north to Palo Alto and west into San
Mateo County.
The parcels are rated in the District's Open Space Master Plan as having moderate to high
composite open space values and are important in terms of potential outdoor recreation, wildlife
habitat, and scenic backdrop as it relates to views from most of the trails on Monte Bello Open
Space Preserve.
Given the substantial level of residential development on the property, an exhaustive investigation
has been undertaken and will continue in an effort to develop compatible land plans for the
structures and surrounding open space. Inspections have been conducted to determine structural
integrity of the buildings and conditions associated with illegal dumping, septic, water system,
and underground storage tanks. Below is a summary of the findings to date.
Zoning and Permit Violations
The group of buildings, including all existing residences and storage buildings have been
cited by the County of Santa Clara for a zoning violation. The type of violation is referred
to as an "unauthorized dwelling group" based on the Hillside Zoning Ordinance. Under the
ordinance, only one main residence and second dwelling are permitted and second dwelling
units are restricted to a maximum size of 800 square feet. There are no zoning permits issued
for the property and, according to the Santa Clara County Planning Office, a zoning
application may be required to determine which structures and uses may remain.
The Santa Clara County Office of Inspections has reported that, in addition to the zoning
violation, there is an absence of building permits for all structures on the property. County
ordinances state that structures constructed or converted to another use after 1947 are subject
to building permits. Assuming a zoning permit will allow existing structures and uses to
remain on the property, building permits will be required for construction of the main house
and conversion of show barn, pool house, and bunkhouse to residences. This may not be
economically feasible for all the structures due to apparent building code violations.
Inspections by a contractor have indicated the main house is generally„in compliance with
building codes and will, most likely, not need major upgrading.
Preliminary Use and Management Plan Recommendations
The Preliminary Use and Management Plan will take effect at the close of escrow and remain
effective until a Comprehensive or Interim Use and Management Plan is completed. Future land
use decisions, including plans for increased public access, will follow further environmental
assessments to ensure land use decisions are consistent with ecological values.
Structures: Continue renting show barn apartment, bunkhouse, and main house during period of
further investigation and development of plan for long-term use of structures. In accordance with
Open Space Use and Management Planning Process and Policies Regarding Improvements on
R-97-105 Page 5
District Lands, staff will return to you within one year with a specific proposal for long-term use
of the structures. Parameters for use of the structures will be established, ensuring compatibility
with the surrounding open space preserve, and an outline of the procedure and time line will be
provided.
Public Access: No public access; site to remain closed until plan for structures is approved.
Trail Designation: No designated trails at this time.
Dedication: Indicate your intention to withhold dedication of the property as public open space at
this time.
Name: Name the property as an addition to Monte Bello Opens Space Preserve
Roads: Maintain driveway in surfaced condition to provide access for tenants and patrol.
Signs: Install private property and preserve boundary signs where appropriate.
Site Safety Inspection: Inspect the property to determine if there are hazards that need to be
mitigated.
CEQA COMPLIANCE
Project Description
The project consists of the acquisition of a 59.95 acre parcel of land as an addition to Monte
Bello Open Space Preserve and the concurrent adoption of a Preliminary Use and Management
Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and
Management Plan for the adjacent preserve. The land will be permanently preserved as open
space, and may be open to the public and maintained in a natural condition.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA (the California Environmental Quality Act) under Article 19,
Sections 15317, 15325, and 15061 as follows:
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. The District will acquire fee interest and maintain the open space character
of the area. Public trail use may be implemented in the future, but no new development is
proposed as part of this project.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space.
This acquisition will transfer ownership of the property to the District and ensure it will be
preserved as public open space by incorporating it into the Monte Bello Open Space Preserve.
R-97-105 Page 6
This acquisition qualifies under both sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section 15061, as there is no possibility the actions may
have a significant effect on the environment.
PUBLIC NOTIFICATION
District land surrounds the property; no property owners are being notified.
TERMS AND CONDITIONS
The District has been in negotiations, through a real estate broker, with Robert and Virginia
McKim over the past six (6) months to acquire their 59.95 acre property. These negotiations
culminated with a Purchase Agreement signed by the McKims on May 27, 1997. The Agreement
gave the District until June 25, 1997 for acceptance and execution on behalf of the District by the
Board of Directors. The purchase price of$1,725,000.00 is based upon the fair market appraisal
obtained by the District. Because of the number of structures and long-term occupancy of the
property, the Agreement allowed the District until June 6, 1997 to complete a site inspection and
due diligence for the property. Meeting this deadline, the District notified the McKim's real
estate agent of serious concerns regarding Santa Clara County Building and Zoning violations
relating to all of the dwellings on the property. The site inspection also revealed two covered
dump sites on the property, and the suitability of the existing water system was questioned.
Subsequent negotiations with the McKim's through the real estate broker led to the Amendment
to Purchase Agreement which extends the District's acceptance date to July 9, 1997. The
Amendment committed the McKims to obtaining legal, habitable status of the main residence
through the County of Santa Clara Department of Planning and Development, and the clean up
and proper disposal of the waste material at two (2) identified dump sites on the subject property.
The Amendment allows the McKims until December 31, 1997 to resolve these conditions and
provides for fifty thousand ($50,000.00) dollars of the purchase price to be held in escrow to
assure the completion of these conditions to the District's satisfaction.
The Agreement provides Virginia McKim with a twenty (20) year leaseback at no cost for the .95
acre San Mateo County Assessor's Parcel Number 080-272-020. Mrs. McKim will use the
existing storage shed for her quiet use and enjoyment. The Lease prohibits any development of
the property and reserves a public trail right to the District. The District will also inherit two
existing tenants occupying the "bunk house" and "show barn." The existing tenants will be asked
to enter into a standard District Rental Agreement. These rental units will be occupied until
disposition of structures has been determined in accordance with the Preliminary Use and
Management recommendations in this report.
The District has learned of a potential third party offer for the subject property. The District
believes it has a binding offer from the McKims to sell the property to the District under the
terms and conditions of the signed Purchase Agreement dated May 27, 1997 and the Amendment
to the Purchase Agreement. Staff, therefore, recommends that you approve the attached
R-97-105 Page 7
Agreement and Amendment to acquire subject property by the extended acceptance date of
July 9, 1997.
BUDGET CONSMERATIONS
1997/1998 Budget for Land Acquisition
New Land $12,700,000
Previous Acquisitions (870,000)
McKim Acquisition proposed on this agenda (1.725,0=
Acquisition Budget Remaining $10,10,00
Controller M. Foster has been consulted on this proposed acquisition, and indicated that,
considering cash flow and availability, funds are available for this property purchase. This parcel
was identified as an important addition to the Monte Bello Open Space Preserve for viewshed and
riparian corridor protection, and completion of the trail system in the area.
Prepared by:
Del Woods, Senior Open Space Planner
Michael C. Williams, Real Property Representative
Contact person:
Michael C. Williams, Real Property Representative
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE AND EXECUTION OF
PURCHASE AGREEMENT AND AMENDMENT THERETO,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING
OF THE TRANSACTION (MONTE BELLO OPEN SPACE
PRESERVE - LANDS OF MCKIM)
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 and Amendment to the
Purchase Agreement between the Robert McKim et al. 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, and Amendment thereto, 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 in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager of the District is authorized to expend up to $1,000 to
cover the cost of title insurance, escrow fees, and other miscellaneous costs, if any, related to this
trans-action.
Section Five. It is intended, reasonably expected and hereby authorized that the District's
general fund will be reimbursed in the amount of$1,725,000 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.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MONTE BELLO OPEN SPACE PRESERVE
Coal Creek Open Space Preserve
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(12/10196) 7i0e/97 0.0 .1 .2 .3 .4 .5 .6 .7 .9 .9 1.0 Long Ridge Open Space Preserve
One Mile
LOCATION MAP
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MONTE BELLO OPEN SPACE PRESERVE
< o„� Stevens Creek
MONTE BELLO
OPEN SPACE PRESERVE
MAIN
BUNK O`er HOUSE
.9 HOUSE MONTE BELLO
SHOW
BARN �' OPEN SPACE PRESERVE
ROAD \'�:� POOL
HOUSE
LEASE ARD
)AREA
S
-5 i
ON moo` SKYLINE RIDGE
0 o OPEN SPACE PRESERVE /
SCALE: DIAGRAMMATIC `-
RESIDENTIAL COMPOUND LAYOUT 7/08/97