HomeMy Public PortalAbout19980422 - Agendas Packet - Board of Directors (BOD) - 98-09 �1r u YMs'
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-09
REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
7:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
April 22, 1998
*** PLEASE NOTE***
7:30 P.M. Regular Meeting Start lime
(7:30) ROLL CALL
REGULAR MEETING OF THE BOARD OF DIRECTORS
** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- B. Crowder
*** APPROVAL OF MINUTES
March 18, 1998 (Consent Item)
March 25, 1998 (Consent Item)
*** WRITTEN COMMUNICATIONS
BOARD BUSINESS
(7:45) la. Proposed Addition of Weaver Property to La Honda Creek 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, Including Naming the Property as
an Addition to La Honda Creek Open Space Preserve; and Indicate their
Intention to Withhold the Property from Dedication as Public Open Space-- M.
Williams
Resolution Authorizing Acceptance of Purchase Agreement, 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 (La Honda Creek Open Space
Preserve - Lands of Weaver)
330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200
FAX: 650-691-0485 . E-mail: mrosd@openspace.org openspace.org - Web site:www.openspace.org
Board of Ulrectors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton
I!
Meeting 98-09 Page 2
(7:55) lb. Proposed Acquisition and Addition of Aitken Property to Russian Ridge 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 Russian Ridge Open Space Preserve; and
Indicate their Intention to Dedicate the Property as Public Open Space -- M.
Williams
Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer
to Execute Certificates of Acceptance of Grant to District and Grant and
Covenant of Restrictions, and Authorizing General Manager to Execute Any
and All Other Documents Necessary or Appropriate to Closing of the
Transaction (Russian Ridge Open Space Preserve - Lands of Aitken, Et Al.)
(8:05) 2. Approval of Lease Holdover Agreement and Authorization for the General
Manager to Execute the Lease Holdover Agreement with Heritage
Communications Inc. (TCI), Black Mountain, Monte Bello and Rancho San
Antonio Open Space Preserves -- M. Williams
(8:10) 3. Authorization to Solicit Bids for Construction of the Schilling Lake Spillway
Repair Project, Thornewood Open Space Preserve -- R. Anderson
(8:15) 4. Authorization for the General Manager to Execute the Permit to Enter and
Agreement Allowing Rhone-Poulenc, Inc. Access for the Purpose of Wetland
Restoration, Restoring Tidal Action to the Northern Salt Pond, Ravenswood
Open Space Preserve -- R. Anderson
5. Authorization for Director Siemens to Attend the California Special Districts
Association Government Affairs Day One-Day Conference in Sacramento at a
Cost of$95.00 -- C. Britton
(8:20) 6. Review of Prices and Policy Regarding Agenda, Minutes, and Packet
Subscriptions; Authorization for Increasing Current Agenda Subscription Rates
to Reflect the Increases in Cost of Production, While Remaining Substantially
Below Actual Cost; and Development of the District's Online Resources to
Provide Access to Agenda Materials Free of Charge via the Internet and E-mail
C. Britton
7. Authorization to Purchase a Pit Toilet Unit for Monte Bello Open Space
Preserve; Determination that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act; and Authorization for
Staff to Replace a Pit Toilet Unit for the Monte Bello Parking Area,
Substituting it for a Pit Toilet Unit for the Monte Bello Backpack Camp-- M. de
Beauvieres
8. Cancellation of May 13, 1998 Regular Meeting and Scheduling of May 6, 1998
Special Meeting -- C. Britton
(8:30) INFORMATIONAL REPORTS -- Directors and Staff
REVISED CLAIMS Consent Item)
i
Meeting 98-09 Page 3
ADJOURNMENT
*NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is
subject to change of order.
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time
each item is considered by the Board of Directors. You may address the Board concerning other
matters during oral communications. Each speaker will ordinarily be limited to 3 minutes.
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.
c
Regional Opeice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL MEETING
AD HOC COMMITTEE
EL CORTE DE MADERA CREEK OPEN SPACE PRESERVE - STUDY AREA 2
AGENDA
7:00 P.M. Betsy Crowder, Chair
Tuesday Jed Cyr
April 28, 1998 David Smernoff
(7:00) ROLL CALL
ORAL COMMUNICATIONS - Public
ADOPTION OF AGENDA
COMMITTEE BUSINESS
(7:05) 1. Staff Presentation on Draft Trail Use Plan for El Corte de Madera Creek
Open Space Preserve, Study Area 2
2. Public Input
3. Committee Discussion
(9:30) ADJOURNMENT
Times are estimated.
33
0 Distel Circle Los Altos CA 94022-1404 Phone: 650-691-1200
FAX: 650-691-0485 - E-mail: mrosd@openspace.org Web site:www.openspace.org
Board of Dire(tors:Pete Siemens,Mary C.Davey,Jed Cyr, David 1.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton
Regional Open -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SPECIAL
A MEETING
LEGISLATIVE, FINANCE,,AND PUBLIC AFFAIRS COMMTTTE
AGENDA
Thursday, May 7, 1998 Mary C. Davey
330 Distel Circle, Los Altos Nonette Hanko
Pete Siemens
(9:00 A.M.) ROLL CALL
ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
COMMITTEE BUSINESS
(9:05 A.M.) 1. Discussion of proposed Seager bench - R. Anderson
2. Discussion of POST donation for Spring Ridge picnic area
and recognition of donors - M. de Beauvieres
3. Discussion of donation for Black Mountain backpack camp
and recognition of donors - M. de Beauvieres
4. Discussion of proposed Norton bench-N. Hanko
5. Proposed revisions to Site Naming and Gift Recognition
p g g
Policy - M. Smith
6. Update on Districts legislative activity - C. Britton
P g Y
7. Update on Special Districts Forum - M. Smith
8. Information reports/scheduling of next meeting
(11:00 A.M.) ADJOURNMENT
330 Distel Circle - Los Altos,CA 94022-1404 « Phone:650-691-1200
FAX:650-691-0485 - E-mail: mrosd@openspace.org web site:www.openspace.org
Board of Directors.Fete Siemens,Mar C.Dave Jed C r, David 7_Smernoff,Nonette Hanko,Bc
_� ... �...M Mary C. y y � � �� Betsy Crowder,Kenneth C.Nitz � Genera!Manager:L.Craig Britton
Reg
' � .� -ice.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-06
SPECIAL MEETING
BOARD OF DIRECTORS
March 18 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 7:30 P.M.
Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, David
Smernoff, and Pete Siemens.
Members Absent: Nonette Hanko.
Personnel Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John
Escobar, Jody Isaacs, Deirdre Dolan, Susan Dale, Mike Williams, Carleen Bruins, Gordon
Baillie, and Roberta Wolfe.
B. Crowder stated that because the large number of people present exceeded the capacity
of the room and in order to give everyone a chance to observe the hearing and speak,
arrangements had been made to adjourn the meeting and reconvene at 8:00 P.M. at the
Mountain View Community Center. She asked the representatives of the Convent if they
would prefer to give their presentation here or at the adjourned site. Colleen Doherty said
they preferred to give the presentation at the Community Center.
Maps and directions were available from staff members.
Mono J. Cyr moved that the Board adjourn and reconvene at 8:00 P.M. at the
Mountain View Community Center, 201 S. Rengstorff Avenue, Mountain
View. K. Nitz seconded the motion. The motion passed 6 to 0.
At 7:35 P.M., the Special Meeting was adjourned. B. Crowder apologized for the
inconvenience caused by the move.
At 8:04 P.M., President Betsy Crowder called the adjourned Special Meeting to order at
the Mountain View Community Center.
330 Distel Circle * Los Altos, CA 94022-1404 - Phone:6.50-691-1200
FAX. 650-691-0485 - E-mail: mrosdQopenspace.org - Web site:www.openspace.org
Boars/of Directors:Pete Siernens,Mary C. Davey,Jed Cyr, David T.Srnernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:I.Craig Britton
Meeting 98-06 Page 2
Members Present: Mary Davey,Betsy Crowder, Ken Nitz, Jed Cyr, David Smernoff,
Nonette Hanko, and Pete Siemens.
Personnel Present: Craig Britton, Sue Schectman, Del Woods, Malcolm Smith, John
Escobar, Jody Isaacs, Deirdre Dolan, Susan Dale, Mike Williams, Carleen Bruins,
Gordon Baillie, Roberta Wolfe, and Ron Mulcare.
H. ORAL CONCYR 1ICATIONS
Harry Haeussler, 1094 Highlands Circle, Los Altos, asked that Board Members remember
to use their microphones so they could be heard by everyone.
Richard Bourke, P. O. Box 7207, San Jose, talked about surplus property sales,
specifically Teague Hill. He said he did not think the District should be operating as a
bank and there should be public review of all surplus property sales.
III. ADOPTION OF AGENDA
Motion: D. Smernoff moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 7 to 0.
IV. BOARD BUSINESS
A. Agenda Item No. 1 - Consideration of Adoption of Resolution of Necessity for
Acquisition of the Russian Convent Of Our Lady of Vladimir Inc Pro, eerrtye
Adoption of Preliminary Use and Management Plan and Naming the Propcy Mills
Creek Open Space Preserve; Indicate their Intention Upon Acquisition to Dedicate
the ron rty as Public Open pace;Authorization for the General Manager to
Enter Into an Agreement for Professional Services with Associated Right of WU
Services, Inc for Site Location Services at a Cost Not to Exceed $25,000* and
Find by Motion That the Property is Threatened by Development. Subject to
Degradation of Natural Resources;and Owned in Fee By an Institutional or
Commercial Entity.
Consideration of Resolution Determining that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act.
Consideration of Resolution Finding and Determining that the Public Interest and
Necessity Require the Acquisition of Certain Properties for public Use,to Wit. for
Public Park- Recreation Open Space and Ecological PuMoses for the Mills Creek
Onen Space Preserve, Describing the PropcM Necessary Therefore and
Authorizing and Directing Its Retained Legal Counsel To Do Everything
Necessary to Acquire All Interests Therein(Russian Convent of Our Lady o
Vladimir Proper )—(Report R-98-36).
B. Crowder outlined procedural rules to be followed and opened the public hearing
at 8:10 P.M.
Meeting 98-06 Page 3
C. Britton introduced the staff report and presented the background of the
District's interest in the property. He said that due to the unsuccessful efforts to
reach a satisfactory settlement and the eminent threat of development of this
prominent ridgeline property, staff is recommending adoption of the resolution of
public interest and necessity to acquire the property. He distributed a packet from
the legal representative of the Convent and a supplemental staff report responding
to that packet.
D. Woods showed the property on a regional map and described the site and its
surroundings. He showed a blowup of the project site and a map of the road
network. He described the property, noting that it had diverse wildlife and served
as an important deer migration corridor in addition to being home to many other
animals and birds. Summer steelhead trout, a Federally Threatened Species, are
found on the property. He showed slides of the property.
He summarized the public necessity for acquiring the property including scenic
qualities, on-site views, protection of natural resources and wildlife, including
summer steelhead, and importance of trail use. He outlined planning
considerations and the Preliminary Use and Management Plan recommendations.
He concluded his review by reporting on CEQA compliance and the terms of the
District's offer to purchase the property. He also talked about the District's
eminent domain policies and reported staff s recommendations.
D. Woc$,c�tlined the points contained in the Convent's recent proposal to the
District dated February 27, 1998. He said the major points the District found not
acceptable were the siting of the Convent and chapel building, which remained on
the ridgeline and would be viewed by some trails along Skyline Blvd. In addition,
a new trail would have to be built to the central ridge.
D. Wo *erred to a letter from the Law Offices of Colleen Doherty dated
March 18, 1998. He responded to the eight points in the letter as follows:
1. Offer of public use of trails into most scenic areas—He pointed out that
most of the property is very scenic. The site of the proposed Convent and
chapel offers excellent views which is one of the reasons the site was
chosen. Intrusion into the view area with improvements was one of the
reasons for the District's interest in the property.
2. All significant environmentally sensitive areas identified by the District
would be protected—He said development of the magnitude proposed
could have impacts on Mills Creek at the lower elevation and the location
of the buildings will also impact the movement of wildlife across the
property.
3. No construction would occur on the remaining 97% of the 284 acre
property -He said the Convent chapel and retreat center supposedly
represent 3% of the property; however, the development footprint and
human activity would occupy approximately 28 acres of the property.
Meeting 98 06
Page 4
4. The Convent buildings would be visible only from areas where the homes
of the Convent's neighbors are presently visible—He disagreed, stating that
the buildings will be visible from areas along Skyline Blvd. to the south of
the property and also from proposed trails on the central ridge.
5. More than 100 trees would be planted—He said the success of the
landscaping plan is questionable. The District has not seen a successful
plan of this scale in a coastal scrub area.
6. The Convent has reduced the footprint of the Convent buildings, lowered
the grade, moved the buildings off the ridgeline. —He said that while it is
true that the footprint has been reduced and the grade lowered, the
buildings remain on the ridgeline.
7. There would never be any subdivision of the property—No subdivision is
proposed but he pointed out that the auxiliary building remains part of the
project and it is on the RM parcel near Skyline Blvd.
8. There would never be any development on any ridge top on the property—
He said it was his understanding P that the chapel and the Convent still
remain on the main east/west ridge.
D. Smernoff asked C. Britton if the religious affiliation or the proposed purposes
of this development had ever been part of the consideration by the staff of this
project area. C. Britton replied that it absolutely had not.
Colleen Doherty, attorney for the Convent, introduced Mother Isihia of the
Russian Convent of Our Lady of Vladimir who said she was speaking on behalf of
Mother Superior Abbess Eugenia and the Convent. She said this was a difficult
time for them because by their monastic rules they should be in church at this hour.
She said this is the time of Lent and described the historical observance of Lent.
She said they travel the same journey as those people did 1,000 years ago and that
the prayer service and principles of spiritual labor have not changed and are
unshaken by the changing tides of men's philosophies in each age. She read a
prayer by St. Ephraim, the Syrian, stating this was the backbone and constant
striving during this time.
Mother Isihia said often when there seem to be two opposing parties, the origin of
the tension may come from half heard conversations, assumptions from emotional
judgement, or from third hand information. In review of how they arrived at this
point, they found that the premise from which they started were of two
unfortunate, but amendable, beginnings.
Mother Isihia said a pre-result posture is not always a sign of authority but can be
perceived as an authority with a closed door and preconceived judgement, not
open to receiving from the concerned party. She said the tension made the
negotiations very difficult and at the end they were given three alternatives:
Meeting in 98 06
Page 5
1. To sell the land— She said by necessity they cannot sell the land.
2. To buy a neighbor's home and their land—By moral ethics they cannot buy
out a neighbor's home.
3. To cut half of the trees in the small woods in order to move the buildings
over for the beauty of the scenic view—By environmental stewardship they
cannot cut the trees and change the ecological climate of that portion of the
land.
She said they are asking the District not take a posture of no compromise, but take
into regard their data that they have found a suitable habitat and find the posture of
experienced and human wisdom. She said monastics are people who depend on
God and the good of the people. She drew parallels between the monastics and
animals in their quest for a home. She described the history of the monastic
communities, which began in the 1600s. She said the monastic life is unlike the
activity of developers. Monastic communities were respected as stewards of their
environment.
She described a typical day in a monastery. She said it is clear that their lives do
not coincide with builders of worldly society but more closely parallel those who
are preservers of tradition and the work of the hands and the environment.
She described the persecution the order had suffered, having lost their land in both
Russia and China. She also described their experience in the United States and
their search for a suitable home. She asked for the Board's consideration and
wisdom in making their decision.
Michael Klestoff(no card), real estate broker, said it is very difficult to build
anything on the coast. He said the decision should not be made lightly because for
the Convent, this property is irreplaceable. He said the offer of finding another
piece of property is generous but unrealistic.
Don Wolfe, planning consultant to the Convent made the following points:
1. The proposal is in conformance with the general plan, the local coastal
program, and the provisions of the resource management ordinance.
2. There are no zoning variances or exceptions to any county ordinance or
planning standard required.
3. The plan has received preliminary concept plan approval from the county.
4. An EIR is being prepared on the revised concept plan.
5. Subsequent to the EIR they will seek a use permit. If the conditions are
not met, the use permit can be revoked. To date 42 conditions have been
applied to the preliminary master plan, and he said there will be more.
Meeting 98-06 Page 6
He described the project. In terms of offsite planning impacts there will be very
little vehicular traffic for most of the year, and the monastic environment is
noiseless and quiet. The core of the proposed 18,000 sq. ft. project is the Convent
which houses 18 sisters, and contains a refectory, a library, offices, a bakery, a
kitchen, a workroom and other ancillary rooms used in the nuns' day to day
activities. The 2,400 sq. ft. chapel contains a maximum seating capacity of
approximately � g
roximatel 60 con a ants.. Mr. Hoover, architect, pointed out the features on
a graphic board.
He talked about the development site, stating it was located on a saddle between
two promontories, not on a ridge top. He said they believe this is the ideal site for
the Convent because it is sheltered by trees. 1. He said the buildings will be
painted earth tones. 2. No tree removal is required. 3. It requires very little
grading and site preparation. 4. It is not located in a scenic corridor. 5. The site
provides vistas which add greatly to the monastic experience. 6. It is screened
from all but one neighbor. 7. The site is quite private and buffered from road
noise. 8. It is not located near sensitive environmental habitat.
He said they considered three alternative building locations as suggested by
District staff and others. These proved unacceptable for the following reasons:
1. They resulted in greater exposure to road noise. 2. They were more visible to
the neighbors. 3. They were visible within the scenic corridor. 4. Significant tree
removal was required. 5. Greater exposure to prevailing winds. 6. Loss of
valuable vistas. 7. Increased grading because the project would become hillside
project. 8. The project would no longer be a single-level project.
He said the project also consists of a 5,500 sq. ft. two story retreat center which
r
houses a caretaker and priest, and a 24 space off road parking area. He said the
auxiliary structure is not currently in the plan, but it would be part of the 3% of the
Property.
He cited the following changes in the concept plan since the original submittal.
1. One building was eliminated. 2. Reduced perimeter footprint. 3. Reduced
number of cells where the nuns would live from 20 to 18. 4. Lowered the visual
high point of the Convent and chapel by 5 feet. 5. Committed the placement of at
least 90% of the 284-acre site in enforceable open space or conservation
easements and partial sale to the District or other qualified entity. 5. Relinquished
all rights to future subdivision. 6. Provided for reasonably located public trails.
7. Reduced proposed transfer of density credit from 3 to a maximum of one.
Mr. Wolfe summarized that the master plan has been carefully conceived and
continually refined to be extremely environmentally sensitive, and to reflect
concerns of neighbors, the District, and San Mateo County. All environmentally
sensitive habitat and scenic values are protected, therefore they believe there are
no planning reasons that this property cannot be symbiotically shared.
Mr. Klestoff showed photographs that addressed offsite visual impacts.
Meeting 98-06 Page 7
Cathy Crane(no card), owner of Yerba Buena Nursery, described trees and shrubs
and showed what would be done. She said the nuns told her they wanted to
know more about the trees and plants that were native to the area and wanted to
incorporate those into the plans for the site. She described the trees and shrubs
which had been selected and said they would provide food and shelter for the
animals. Screening of the buildings will be effective quickly because the native
plants selected are large and fast growing. She said Jim Lord Landscaping will
install and maintain the plants and has had a lot of experience with successful
landscaping plans using native plants. She said the nuns' willingness and interest in
using appropriate native plants is to be commended and will be a tremendous asset
to the wildlife with whom they will share this land.
Mr. Klestoff showed slides of the property indicating where planting would occur,
views of neighbors' property, the relationship of the building site to the neighbors,
and the view from the ridge. He said the buildings will be placed against an 80 ft.
grove of trees in a saddle, and would not be visible, especially when the trees are
planted in front of it. He showed a slide showing a balloon at the height of the
chapel dome and said they had agreed not to paint the dome gold. Other slides
showed views of the property from various locations including Skyline Blvd.,
Highway 92, and Highway 1 and Mr. Klestoff said it would be very difficult to see
the buildings.
Colleen Doherty said the Board had a very difficult decision to make tonight and
that the majority of the 400 people at the meeting were opposed to the District
condemning the property. She pointed out that almost all the issues identified by
staff and the concerns raised would be resolved in the District's favor under the
Convent's proposal. She reviewed the District's expressed priorities and interests
as follows:
1. Protection of wildlife: All the environmentally sensitive areas have been
offered to the District. 90% of the property will remain as permanent open
space. The District has been offered to purchase 60% of the property
which includes all of the areas identified by staff such as the steelhead
habitat and the Mills Creek tributaries. She referred to the District's
consultant's studies of wildlife and vegetation that were attached to their
letter outlining their objections to the District's demand to take the
property by eminent domain. In addition, the Convent is involved in a
thorough environmental review process with the County.
2. Potential of trails for the public: She said the Convent has offered the
District the prime area of the property, including the scenic views, areas
that are pristine open space, and the highest point on the property. She
said this took some sacrifice on the part of the Sisters and all they were
asking in return was that their privacy and security be honored and
protected. She said she found it was not credible to say it was not possible
to site trails in the property without affecting the steelhead habitat when the
Convent has offered them such substantial parts of the property.
i
Meeting 98-06 Page 8
3. Scenic qualities on the site: She pointed out that the District would be
getting all scenic ridges shown in the slides tonight, certainly the most
significant ones with the most spectacular views.
She emphasized the dome is eight feet in diameter which is quite small and had
never been intended to be reflective. No pristine view will be ruined by the
buildings. The existing development will be far more visible. She repeated that
they dispute the description of the buildings being located on a ridge top, and said
the trees will be at least twice as tall as either of the buildings. She said if the
District decides to do nothing, 90% of the property will remain in open space.
Ms. Doherty reviewed the history of the project, stressing the Convent's
willingness to take into consideration everyone's concerns. She said the property
had never been in public hands and any public use of it has been while it was
privately held. She asked that the Board consider the property as a home for a
r would not be frequent visitors to the
small group of religious women and there ou q
site. She said that there are nine nuns now and might be 20 in the future and the
monastery is designed for their own use. When they are not in prayer they will be
restoring icons, gardening, studying, and similar activities. She said this was in no
way equivalent to 10-16 single-family homes, apartments or a hotel. She repeated
that subdivision of the property is not possible. In regard to the density credit, she
said the County will not let them use the density credit on this project and it might
be used for a small auxiliary residence sometime in the future. She said they must
be careful not to impinge on the free practice of religion.
Ms. Doherty said the Board had to make findings if they take they property. She
highlighted he main points as follows: Public interest and necessity requires the
taking of this property- She said they cannot make that finding; all of the District's
objectives can be met through the Convent's proposal. Protection of wildlife,
public trails, scenic views are all protected. There is no incursion into previously
undeveloped areas and 90% of the property will remain in permanent open space.
She said public interest is served by having a monastery in the community. The
project is located in a manner that will be most compatible with the greatest public
good and cause the least private injury. Public good must outweigh the private
injury. She said public good includes homes for the religious in a manner that is
most protective of the environment. The private injury is that if this does not go
forward, this order will die out. She said the District's ordinances require that they
make certain findings including that the District can only use eminent domain
where all reasonable attempts and voluntary negotiations fail. The project as
designed would be a significant asset to the community. She asked if they are
saying there is no room in our communities for the religious. The project meets all
requirements.
Regarding the property being a high priority for the District, their documents
showed it as ranked lowest. In addition, no overtures have been made to the
owners since 1980. She said they must also make the finding that the property is
threatened by development or significant degradation of natural resources. The
District's code defines"threatened by development" as those instances where a
Meeting 98-06 Page 9
subdivision is proposed. She said they also cannot make the finding of"significant
degradation of natural resources"when less than 3% of the property will be
affected by the project. She said the District states it does not want to use eminent
domain unless the property concerned is an open space of critical importance, or is
under some dire emergency such as immediate destruction of natural resources or
clearing for development purposes, and that even under such urgent circumstances
eminent domain would only be used as a last resort.
Ms. Doherty referred to the factors contained in the District's Master Plan which
would be considered if they decide to use eminent domain:
The amount of public support for their action-Most of the letters the District
received were opposed to their action.
The cost of the acquisition-If they do nothing there is no cost to the District and
90% of the property would remain in open space. She said if they work with the
Convent's proposal, they will purchase 60% of the property for a fraction of the
fair market value and will get almost everything that has been identified as
desirable on this property. If they take the property the cost will be well in excess
of a million dollars.
Consideration of potential actions by other governmental agencies- The Convent
is in the midst of an environmental review process, they are preparing their final
plan, there will be full public hearings, and there will be lots of conditions attached
to any use in the property. She said she thought it would be improper for the
District to prevent that process from going forward.
She said she thought there were only two issues dividing the two parties: 1. That
it would be easier to put trails on the only part of the property where the Convent
can put its buildings. 2. The issue of whether anything will be visible from half a
mile from the property. She said if they choose to take the property they would do
it against their own policies, and against clear public opinion. She mentioned the
past Grand Jury investigations of the District and said this is the wrong kind of
publicity for the District and people who care about the environment. She said the
letter to State Director of Conservation did not comply with Government. Code
Section 51291(b)because it was not submitted 30 days prior to the hearing. She
said the code sections cited were not applicable because of the District's proposed
recreational and park use of the property. In addition, the Government Code
Section 51292 findings required in the code cannot be made by the District
Manager because that action would violate the Brown Act.
Carrie German(no card) said she lived on Skyline 2 miles south of the property.
She said trails would disturb the land, animals, and neighbors and that there was
room for both public and private open space. She said she felt that clearing the
trails was much more degrading to the property than the proposed use. She said
the nuns must abide by the restrictions placed on them by the County and that they
could not be met by anyone else. They are willing to abide by the restrictions, and
she felt the project meant the end of future development in the area. She said
Meeting 98-06 Page 10
transferring the density credits will limit future development on the coast and that
she saw history in the making. She said building a Convent would be in the intent
of the original gift of the property and that should be honored. She questioned the
information given at the site meetings, saying the questions were misleading. She
said the District had promised that the property would be open to the public and
asked about the entrance, parking lot, kinds of trails, visitor center, and what is to
stop the District from selling or trading this property. She said she was more
inclined to believe the nuns.
RECESS: 10:15-10:27 P.M.
Mike Klestoff showed the location of the property offered to the District for fee
title. Ms. Doherty said the property had never been surveyed, and they had been
told it was 284 acres, only 3% of which would be affected. P. Siemens asked what
would prevent future development. Ms. Doherty said County regulations would
not allow it. P. Siemens asked if there were anything in the agreement that would
ensure that the use is retained as monastic. Ms. Doherty said the use permit runs
with the land, not with an owner, and that in the Russian Orthodox Church, once a
church is consecrated it must remain as a church.
K. Nitz asked about fencing on the property. Ms. Doherty said they had asked the
District to provide fencing and screening along all areas where trails would be
close to the District border.
Kathleen Klestoff(wife of Mike, no card) referred to the book Peninsula Trails
and paraphrased a story about ecology and nature. She offered the choice of
cooperation which she said was defined ecologically as the interaction between
organisms that is largely beneficial to all those participating.
Phyllis Annette (no card), homeowner on Kings Mountain, spoke in opposition to
the action of the District and in support of the Convent's plan. She said there has
been a lack of understanding and a negative attitude toward monastic life which
has persisted from the beginning of the proposal. She said their community had
been divided. The Convent had responded with compromise, and she did not think
the land could be in more caring hands. She said this was not an occasion for the
use of eminent domain and that it was an unjustified and uncalled for exercise of
governmental power, and that the Convent does not pose a threat to the
environment or open space.
Donna Rodewald (no card), Kings Mountain, said she has tried to see the Convent
site as she drove along Skyline. She said she had carefully concluded that this
action is environmentally sound and that the move to take the property makes no
sense and is ethically wrong.
Father Stefan Pavlenko, Pastor of Russian Orthodox Church, 744 El Camino,
Burlingame, said most people only know about the proposal because of the action
taken against the Convent. He said the previous speakers had expressed his
feelings.
Meeting 98-06 Page 11
Dr. Linda Huntimer, 22400 Skyline Blvd., #9, La Honda, said she was an
environmentalist and president of the Russian Educational Program for the
Disabled. She said she was impressed with the presentation about how
environmentally sound they will keep the area. She said she shared Ms. Klestoff's
views. She described her work in the 380 campaign, the highrise development in
Pacifica, and the Sneath Lane project. She said she believed the nuns would be the
best stewards of the property and that she did not believe in eminent domain unless
it is an absolute last resort.
Dr. Alexander Voshchenkov, 135 Campo Bello Lane, Menlo Park, expressed
disappointment in the Board's position. He said the nuns are offering a win-win
situation and that using eminent domain was taxpayer and tax abuse. He said
those opposing the project have built homes on part of the property and they are
clearly visible. He said if the District really wanted to keep the land pristine, they
should use eminent domain to buy those houses and tear them down. He said the
nuns would not disrupt the environment. He did not believe there had been good
faith negotiations.
Barry Stevens, 3265 Fair Oaks, Redwood City, representing ROMP, said ROMP
supported the District's acquisition of the property to prevent development and
believed it was consistent with Board policy and its founding purpose.
Michael S. Danich 1870 27m Ave. San Francisco representing St. George
Pathfinders, said he could not explain why the District would spend money to buy
this land when it is being offered to them to remain in perpetual open space. He
said he supported the District adding the coastside to their lands. He said he had
never felt the nuns to be a threat to anyone.
Elise Jauch, 112 Ware Road, Woodside, Save Skyline Open Space, said she
h this area is truly
hi f ens ace. She said
appreciated the District's stewardship o op p y
special and that everyone is in agreement that this is magnificent land which is
worthy of protection. She urged the District to acquire the property for the future
and not to bow to development interests. She asked that the Board represent the
future generations and the wildlife.
Kathleen O'Connell-Sundaran, 4718 Meridian Avenue, Suite 266, San Jose,
President of Santa Clara County Taxpayers Association, expressed the
Association's concerns about the use of eminent domain. She asked how the
Convent's provisions were incompatible with the overall goal of open space. She
talked abut the District's authorityto designate some assessed roper tyas surplus
lus
property, and said this appears to be more incompatible with the overall goal of
open space than the Convent's offer. She asked if they could legally bind a future
board to never divest of the property. She said there had been some questions
about just compensation in previous eminent domain proceedings by the District
and that they had been investigated by Grand Juries in the past. She said they are
requesting a comprehensive audit of at least five years to assess the District's
ability to pay for safety, maintenance and upkeep of the present properties it
oversees and the ability to purchase more properties. In addition, they would like
Meeting 98-06 Page 12
to know the amount of property tax that would be lost due to the removal of the
property from the tax rolls. She asked that they delay their action pending
clarification of the issues.
Pat Shrum, Executive Director of Santa Clara County Taxpayers Association, said
they were there to offer another solution to the problem. She said if the District
files an eminent domain action against the Convent, the alternative they have is to
file a referendum petition campaign against this action. She offered technical
support in such a campaign.
John Berwald, 261 Creekside Drive, Palo Alto, said he was impressed with the
grace shown by the nuns at this meeting. He thanked the Board for their
contributions to enhancing open space and applauded the District's goals to
acquire and preserve open space. He stated emphatic opposition to the imposition
of eminent domain and cited the reasons for his position. He said he believed that
the District had the opportunity to attain most of is goals by responding in good
faith to the Convent's offers.
Bob Ptacek, P. O. Box 1177, Montara, said he considered himself an
environmentalist. He said that using public funds for the benefit of a small group
or individuals is against the law. He said the nuns' offer meets their objective and
asked the Board not to condemn the property. He said if they do they will send a
message to the coast that they do not want to send. He encouraged the Board not
to condemn the property because he thought it would go against their objectives.
Vit Eckersdorf, 78 Shearer Drive, Atherton, said he had served on many advisory
boards including the Grand Jury. He said he was proud to be an American of
Russian heritage and was worried by the power of condemnation assumed by
bureaucratic agencies without consideration of taxpayers.
Jonas Ionin, 3321-17' St., #21, San Francisco, planner in San Francisco, said he
applauded the District's concern for the preservation of open space. He said he
didn't think the Board realized the injustice it would be committing by taking the
property for the Convent. He said he felt the system often overstepped the
boundaries in the name of public welfare and asked them to consider what they are
gaining by taking. He stressed that the nuns want to build the Convent in an area
already developed. He repeated that the nuns are preserving 90% of the land at no
cost to the District or the public. He said he trusted that they would rule not to
take the property.
Elaine Tschorn, Redwood City, said the San Mateo County Planning Commission
unanimously approved this project which she had heard was unusual. She
supported the Convent and added that traditionally Americans have welcomed
religious institutions into their communities. She said the greatest public good will
be had by having the nuns in the community.
Ray Tschorn, Redwood City, said he has seen a lot of changes in the area and that
he supported the Convent's proposal. He said there would be more traffic with
Meeting 98-06 Page 13
public use of the property. He talked about the Sand Caves and what had
happened there since the District took it over. He said if they did take the property
he thought they should consider naming it after the Convent.
Tamara Piulle, 960 Glennan Drive, Redwood City, quoted from a press release
regarding keeping land in private ownership but preventing development. She said
they had gathered 473 signatures in two weeks asking that the District not
condemn the land and presented the petition to the Board.
Dave Perrone, 316 Ridge, Woodside, Save Skyline Open Space, said he was in
favor of having the land protected by the District and that it was important to
remember that you can't build 18,000 sq. ft. of anything and remain in harmony
with the land. He said the human species is taking over the planet one piece at a
time and requested that the Board consider their duty to other species.
AI Bell, Committee to Save Skyline Open Space, 12130 Skyline Blvd., Woodside,
commented that the 40 acre subdivision is mentioned in the nuns proposal for the
project. He said a house had been added back to the plan in the area behind the
other neighbors. He described what had happened to the ranch he grew up on, and
said this is an 18,000 sq. ft. development. He said he supported the District
acquiring the property and commended them for attempting to find a more suitable
home for the nuns.
Richard Bourke, P. O. Box 7207, San Jose, said he thought there was a dangerous
precedent being set if the District decided to use eminent domain. He said people
have a God-given right to own real estate. He talked about the environmental
problems he thought existed at Mt. Umunhum. He said he was opposed to the
Convent having to give up any land and said he felt the District ought to reconsider
the development at Teague Hill.
Dale Djerassi, 2600 Bear Gulch, Woodside, said people in the Kings Mountain
area feel they might be a target for eminent domain in the future and need to be
reassured why this is an extraordinary measure they are taking. He said he had
found the District responsive to a situation regarding a large number of mountain
bikers using property in his area. Speaking as a taxpayer interested in the
preservation of open space, he said he didn't think there should be any new
development on Skyline at all and that the District should explain exactly what
they are doing. If they are prepared to compensate fairly and help the nuns
relocate, he felt they should make it clear they are doing that.
Harry Haeussler, 1094 Highlands Circle, Los Altos, said he was a strong advocate
of property rights in this country. He asked which was more important-humans
or animals and said he was for the human race. He asked why there were no
replies to correspondence listed in the agenda. He suggested that the District save
money because the Convent is giving them what they want
David Blackmer, 12270 Skyline Blvd., Woodside, Save the Skyline Committee,
said he and his wife didn't know the difference between open space and public
Meeting 98-06 Page 14
open space until the Convent posted their property with no trespassing signs. He
urged the Board to resist the skillful public relations efforts and accept the staffs
recommendation. He said that action would be consistent with the public trust and
their mission statement.
Julia Bott, 3921 E. Bayshore, Palo Alto, Loma Prieta Chapter of Sierra Club,
urged the Board to adopt the proposed resolution of necessity. She said the
chapter had adopted a position supporting the acquisition of this property through
any means necessary by the District. She said one of the important things to
consider was that encouraging development in the urban/rural interface was
courting disaster. She said it was the role of Districts like this to purchase the land
and justly compensate the owners. She said the chapter believes the District's
proposed action is consistent with their role and mission. She said they should
consider the open space value of the property, but those who are sponsoring the
development should not be included in their deliberations. She said they believed
that the District is committed to being good neighbors and to meeting their
mission.
Bill Prince, 17280 Skyline Blvd., #102, Woodside, said he was in favor of the
acquisition because it doesn't directly affect anyone's home and the nuns would be
generously compensated. He said the development was far too large for the area
and that habitat fragmentation was far too severe. He pointed out that 3% of the
property is over 8 acres. He expressed concern about what would happen when
and if the Convent became non-viable, about the use of density credits and about
the Williamson Act. He spoke about the aesthetics of open space and what a rare
resource it is.
Georgia Stigall, 17287 Skyline Blvd., #102, Woodside, resident of La Honda, said
she thought this was a real tragedy that had been perpetuated by the media. She
said she was an advocate for native ecosystems and was adamantly opposed to the
use of condemnation in places where people have made their homes. She said she
made a distinction for this land as it is a critical piece of habitat land and we need
to quit breaking up the habitat. She said a significant part of her land is off-limits
to any humans. She said she felt that acquiring this property by eminent domain is
consistent with the mission of the District which includes protecting native
ecosystems and preserving public open space. She hoped the sisters could find a
home in which they could feel peaceful.
Jessica Agramonte, Skyline, Save Skyline Open Space, urged the Board to
preserve the property for future generations to enjoy as open space. She said she
was a clinician who works with disabled persons and had testified previously about
the rareness of accessible open space. She said this property is uniquely accessible
for people with physical disabilities, but the 60% of the property the District has
been offered is not accessible. She said the developer plans to cover the entire
ridge top and block a vital wildlife corridor. She urged them to preserve the
property.
RECESS: 11:55 P.M. -12:05 A.M.
Meeting 98-06 Page 15
Olga Zavadsky, 202 El Prado Ave., San Rafael,Nashi Vesti Magazine, said she
was in favor of the Convent project.
Wim de Wit, 1514 Mitchell Way, Redwood City, quoted the California poet,
Robinson Jeffers, John Muir, and Henry David Thoreau. He asked why the sisters
in their autumn years of fife were willing to threaten the beauty created by Him
whom they venerate. He said the land under discussion must be part of the Bay
Area greenbelt and the Bay Area Ridge Trail. He said preserving land is a difficult
task and takes wise people. He asked that they do everything in their legal power
and moral conviction to save this land for the best interests of all the people.
Jill Kilty-Newburn, 10698 Mora Drive, Los Altos, said she was heartened to see so
many people come out and speak about the issue. She said she disagreed with the
annexation of the property and that there must be a mutually beneficial agreement
that could be reached.
David Bomberger, 2021 Arbor Ave., Belmont, recalled when the District was
considering its eminent domain policies in 1985. He said this was a public policy
decision and it needed to be made on the basis of value of the parcel as public open
space and the long term plans that the District has for fulfilling its obligation to the
community. He said public policies adopted by a community often have specific
impacts on properties, and many times there is no financial compensation for
perceived losses in value. He pointed out that in this case the church will be full
p p Y
compensated and that the District would simply be preserving all of an important
fundeveloped roe As a citizen of this community he asked that the
piece o
Pproperty.rtY tY Y
acquire the property.
Zoe Kersteen-Tucker, 776 Buena Vista St., Moss Beach, Coastal Open Space
Working Group, said she was aware that the nuns needed to find a suitable home
but was opposed to allowing any single group to develop threatened open space
land in the coastal zone. She said she had no doubt that this was an intensive
residential visitor-serving development. She was also concerned about this action
set a precedent of development on land that is under a Williamson Act contract. In
addition, she said she was concerned about the visibility of the project from several
places and about future development on the property. She said she believed that
the most equitable use of this land was for the District to purchase it and place it in
public trust in perpetuity and at the same time work to find a suitable home for the
nuns.
Pauline Lord, 530 Menlo Oaks, Drive, Menlo Park, expressed appreciation for the
District's commitment and hard work in protection of exceptional open space. She
said she strongly endorsed the goal of maintaining the site entirely as open land,
even if it meant acquiring it by eminent domain. She asked questions regarding the
long-term prospects of the convent and what guarantees there were that the
property would not someday be sold and subdivided. She said the order already
owns a church in Moss Beach and asked why they require another peaceful rural
site. She asked if their objective to"interfere as little as possible with existing
biotic species and to restore and maintain a harmonious relationship with the
Meeting 98-06 Page 16
natural surroundings" wasn't at odds with a large, visible fenced-off development.
She said the impacts were far too severe to sanction this development and she
hoped the District would proceed with acquiring the land for its preservation as
natural and undeveloped open space.
Lennie Roberts, 339 La Cuesta, Portola Valley, Committee for Green Foothills,
said she was speaking as a founder of the District and one of the key people in the
campaign to annex southern San Mateo County to the District in 1976. In the 26
years since the District was formed, she said this was the first time she had
personally appealed to the Board to acquire a particular piece of property. She
said the Committee for Green Foothills had already sent a letter urging them to
acquire this property by eminent domain if necessary and she believed it was the
only fair and equitable way to resolve several issues involving this proposal. She
n t precedent-setting accommodations being made
' she was very concerned about
said ry P g g
at the County level for this project. She referred to the density bonus of 10%
which was being allowed because the project sponsors have volunteered to restrict
their development to less than 20% of the site. She said this was no great sacrifice
since 80% of the site is not developable anyway because of the steep slopes. She
said the development as approved by the county so far will have 22 permanent
residences, 8 units for overnight accommodations, which is akin to a motel, and
conference facilities for up to 80 people. She said this development is very similar
to that of Cascade Ranch which they also opposed on similar grounds. Regarding
the limits in the use permit on the number of days and the number of people that
the visitors facilities can be used, she said once a large investment is made in
buildings and infrastructure, if the church does decide it needs to use these more
the county will find it impossible to deny the additional use of these facilities. She
said she could not recall the county having revoked a use permit for violation of
conditions. She asked the Board to weigh all the factors very carefully and said
she hoped they decide to provide a fair and equitable value to the church and to
work with them to find another site.
John Kochergin, 888 Mango Ave., Sunnyvale, said when his mind had a question
he could go to open space and find answers. When his soul had questions he could
only go to church. He said he did not know of any other place that combined the
qualities of both. The Convent would be preserving nature and helping people
spiritually. Trees will be added. Mr. Kochergin read from a newspaper article
comparing the development to a motel and said he disagreed with it. He said that
he, as a resident of the District, knew that this project is what current and future
generations want.
Patricia Wurster, 47 Forest View Road, Woodside, Save Skyline Open Space
Committee, said she lived on the edge of a preserve and is practically surrounded
by open space. She thanked the Board for their dedication, efforts and successes
in preserving open space and expressed concern about development. She said she
considered this part of Skyline to be one of last outposts of the west coast and
hoped they would do what they could to save the open space for all species.
Meeting 98-06 Page 17
Water Droste, 12475 Skyline Blvd., Woodside, said this land should be in public
ownership and urged the imposition of eminent if necessary to acquire it. He said
the development by the church involved overnight accommodations for a number
of people, which equated to a hotel, and this property is not suitable for a hotel.
He said the property is unique and should be permanent open space.
Richard Geiger, 714 E. Charleston Rd., Palo Alto, said he had read in the
newspaper that the District's spokesman had said they were not taking anyone's
property. Mr. Geiger said he disagreed with the use of eminent domain against the
Convent. Also, he was offended by the comparison of the project to a motel. He
said many aspects of this point to religious persecution and that no action is being
taken toward a nearby subdivision or thousands of acres in Portola Valley where
property is being developed.
Oleg Reozitt, Novato, said open space is wonderful but balance is also wonderful.
ri d other open ace agencies manage thousands of acres
He said the District an p p g g , and
the District is adding to their preserves all the time. He assumed most of the
additions were amicable and wondered why they have to use strong arm tactics to
take over this piece of property. He said a lot of people who want the District to
w
acquire this land are people who live nearby. He said if this parcelwere his he �
would fight for it because private property, private enterprise, and private
achievement are the backbone of this country. He asked why buy 280 acres at
over a million dollars when they can have 250 acres free of charge. He said the
n n id everything b the book and the right thin to do is take their offer and
Convent
g Yg
let them build their modest monastery where they will do good work. Mr. Reozitt
said he had easilycollected over 60 signatures against the eminent domain action.
b'n g
Brian Cason, 9 Quail Court, Woodside, spoke in favor of acquisition of the
property, stating that while it would be nice to provide a home for the nuns, this
could not compare with the greater public good achieved by preserving this
unique, beautiful, ecologically important property as open space. He said it is
unequivocally threatened by development. He said the District has negotiated in
good faith and has been unable to reach a compromise. He asked them to vote in
favor of acquiring the property and added that he did not think the Board should
be intimidated by vague threats concerning a Grand Jury investigation.
Les McDonald, 445 Church, San Francisco, property director for the Roman
Catholic Archdiocese of San Francisco, read a letter supporting the Convent from
Monsignor Robert McElroy, Vicar for Administration, Roman Catholic
Archdiocese of San Francisco. Monsignor McElroy had written that the nuns are
not corporate developers and would be good stewards of this site. He asked that
they agree on a plan that would accommodate the Convent's needs with the valid
preservation of the land.
John Messina, P. O. Box 51148, San Jose, said he had been very concerned about
this construction but after investigating thoroughly was more concerned about
how the project had been misrepresented to the public. He said the District had
promised when it was formed that it would never use eminent domain to force
Meeting 98-06 Page 18
anyone to sell them their property. He said this is the nun's home, even though
they have not yet moved in. He asked if District representatives had permission to
go on the property to take the photos Mr. Woods had shown this evening and was
informed that they had permission from the Convent.
Ed Cydzik, 343 Bluefish Ct., Foster City, said he was against the District's
acquisition of property and reminded the Board that this is private property and the
nuns' future home. When asked, President Crowder said all Board members have
walked the property. Mr. Cydzik described his walks on the property and asked
how many who were at the meeting had visited Mission Street lately. He read
from the first sentence of the second paragraph of the Declaration of Independence
and said the nuns have bent over backward for everyone. He thought the District
was about to trample on their rights.
John Harris, 2500 Sand Hill Road, #210, Menlo Park, said the District was
proposing to deprive these people of their property which they acquired lawfully
and propose to put to a lawful use. He said they call themselves environmentalists,
and compared environmentalism to religion. He said environmentalists have no
right to practice their religion at the expense of others. He said the nuns have a
right to use the property as their home and a place of worship. He said the power
of eminent domain should not exist in our country and that the founding fathers
intended that it should be used only in times of great peril and for gravest
necessities. He urged them not to abrogate the right of these people to enjoy
property they have lawfully acquired.
Serge Loukianoff, P. O. Box 1127, Burlingame, expressed opposition to the
r b eminent domain. He asked the Board to examine
acquisition of the property q P P rtY Y
what they are forfeiting because the next Board may seek to acquire property
owned by some of the people who live in the area and are gun owners.
Bob Bynum, 761 Towhee Court, Fremont, said he was Vice President of the
singles section of the Loma Prieta Chapter of the Sierra Club, and editor of a
newsletter. He said he leads 30 hikes a year in District preserves and encouraged
the Board to preserve the property as open space. Mr. Bynum expressed concern
about any development in open space because he believed it could set a precedent
and that it is becoming increasingly hard to acquire open space. He expressed
sympathy for the nuns' cause but asked that the District preserve the open space.
Walter Stamirowski, 2560 Sherbome Dr., Belmont, said he supported convent and
felt strongly about their right to build something on their property. He said he felt
that eminent domain is legalized land grabbing and did not believe that should
happen. He said he believed that property rights are sacred just as freedom is, and
believed that this basically usurped people's freedom. He urged the Board to
make the right decision and support the Convent.
Kathryn Aranda, 687 Spindrift Way, Half Moon Bay, wrote on a card, "Unable to
remain at public hearing late enough to testify", and, " I am opposed to exercising
rights of eminent domain on the property owned by the Russian Convent."
Meeting 98-06 Page 19
Helen Gordon, 9 Quail Court, Woodside, (this one was marked"Written
Communication"): "I strongly support the MROSD's proposal to acquire the land
of the Russian Convent for public open space. The ecological and scenic
importance of this property cannot be underestimated! Although I am sympathetic
to the nuns' need for a permanent residence, I believe that other sites are far more
suitable. I feel in the presentation today by the nuns' lawyer that many
misrepresentations and omissions were made. Firstly, most of the audience
"Convent supporters" will never see or visit the area and have no knowledge of the
important need to conserve this area as open space. Secondly, I am appalled by
the thinly veiled threat of a grand jury inquiry should the District proceed to
acquire the land for open space. But my greatest concern, perhaps, is the total
omission of the repercussions that allowing the nuns(or whoever)to circumvent
the Williamson Act will have on development of lands all over the state. Clearly
this is not in the spirit of the Williamson Act at all, no matter the purpose of the
development or its good intentions. Please preserve the natural beauty and
permanent wildlife habitat for all. Thank you."
C. Britton responded regarding the following points:
• Visual intrusion of existing improvements and suggestion that the District
buy existing improvements and tear them down-He said this is something
they do not typically do and cannot afford to do. He said the difference is
that there is no development on this property and the District can do
something about it, whereas there is development on the other parcels and
they can't do anything about it.
• Use of the word threat-He said his statement was, "due to unsuccessful
efforts to reach a satisfactory settlement and the eminent threat of
development. . . "
• Questions about whether the District might resell this property-He
1 will be dedicated as open n
r which said the and
referred to the staff report p P
space and as such it would take a vote of the electorate to ever dispose of
it.
• Review by Grand Jury-He said that typically grand juries every year select
a number of public agencies to review. The last time the District was
reviewed was in 1991.
• There were questions about Sandstone Caves and the degradation there.
He said the property was acquired from a willing seller and they had been
heavily vandalized when acquired by the District. He said the District is
saving what is left.
• Proposal made by the Church to the District - Mr. Britton said there
would be a cost to the District of$300,000 for the 60% proposed for the
District to acquire. The Convent would be utilizing all development credits
so the land the District would acquire would not have any"market value"
Meeting 98-06 Page 20
in terms of development potential. The Convent would be retaining 27
acres that would not be restricted in any way except through the planning
department. He said he felt the Convent was using about a third of the
usable land.
• Reply to Harry Haeussler's letter- The letter contained questions about
other matters than the one considered at this meeting and a proposed reply
would be in the Board's next agenda packet for their review.
• District disposing of excess land -Mr. Britton cited the reasons for disposal
of the Thornewood and Teague Hill excess parcels.
Colleen Doherty spoke in response to the following items:
• Many people had spoken about the beauty of the property. She said under
the Convent's proposal the District would be getting almost all of that.
• Future development- She said the project will be built on the 10%that has
not been marked as permanent open space and there will be no other
development on that property other than what had been talked about.
• Confusion about numbers- She stressed that twice a year 80 people come
for a pilgrimage and won't stay on site but in private homes.
• Moss Beach property -Ms. Doherty said the property is about the size of
a single family home and is on one-half acre.
• Suggestions that the County had done something unusual for the Convent-
She said they have not, nor had the Convent asked for any exceptions.
Ms. Doherty concluded that the vast majority of the property will be in open space
and she did not see how the Board could make a finding of necessity to take the
property. She said the Convent's proposal would satisfy the interests of the
District and the Convent.
D. Woods g P responded to the following topics:
P
• Debate about ridge line- The District considered the site where the chapel
and convent are proposed to be a ridge-line and the property due west of
that to be a saddle. In addition, San Mateo County considered the site to
be a ridge-line when they evaluated it for consistency to the local coastal
plan.
• Scale of Convent building-Mr. Woods said there will be 10,000 sq. ft. of
livable space. What will be visible will be equivalent to a 12,000 sq. ft.
building because of the inner courtyard.
Meeting 98-06 Page 21
• Master plan valuation-He said the master plan is intended to aid the
District in evaluating overall open space values of land and is not an
acquisition priority list by any means. It is only one of a number of factors
that are considered when the Board is making decisions concerning open
space acquisition and a low rating does not mean that an area will not be
acquired. Other factors considered are the amount of public support for
acquisition, cost, degree of threat of loss to development, importance for
certain individual open space functions, and location relative to other public
open space land. Mr. Woods said the map had been prepared without
benefit of an on site analysis. After an opportunity to evaluate the land it
was revealed that there were substantially higher open space values,
particularly as they relate to scenic preservation and protection of wild life.
B. Crowder closed the public hearing at 1:07 A.M.
N. Hanko said she hadn't been able to go through the letters received at the
meeting, but as of last night they had received 180 letters on this subject, 92 from
within the District. She said she felt she should give more attention to those
taxpayers who live within the District. Of those 92 letters, 35 said not to use
eminent domain and 57 said to use it. She said she was very impressed by the
presentation from the nuns, and everything she had heard from staff, who was
mediating this, had indicated a great deal of assistance on the Convent's part in
trying to solve the problems that the District has. She said she hated to see that
cooperation end because she thought they still have much that they share in their
love of natural life. She said the major issue she had seen is that the land that
should be accessible to the public is where the convent and the chapel are to be
built. She had been to the property and said what is being proposed with their
alternative is a very steep area for a trail. The only place she could see the public
having good access to for a look at the last sunsets on this continent were on the
proposed building site. She said that humans as a group have ended up building so
much of this continent there is very little left. She said she had come tonight
hoping that maybe the District would be able to find another location for the
Convent, maybe even on District land and she would like to continue to work
toward that end.
D. Smernoff said he appreciated the presentation by the members of the Convent
and the public. He made the point that this was not a religious issue but an issue
of development. He said it was a very difficult choice and he respected and
admired the work the nuns do as he respected all people of religious orientation.
He said his family came from Russian Jewish background and his ancestors fled
Russia for many of the same reasons that the order fled, so he felt he understood
religious persecution. He said this is not religious persecution but is a question of
development of an ecologically significant area that has open space values that
should be preserved for the wildlife habitat value and for future generations. He
said it was a difficult choice because of the people who are proposing this
development, but ultimately it is a development. The crucial issue is not to allow
more habitat fragmentation, and the location does impact wildlife. He said it is
important to maintain corridors over which wildlife migrates and allow for genetic
Meeting 98-06 Page 22
intermixing of various populations. He said he personally needed to speak for
constituents who can't speak for themselves: the wildlife and future generations.
He said he strongly supported the District's role in acquiring a suitable location for
the Convent and he believed it existed. He said he was personally committed to
ensuring that a site is found and that these women find a home. He expressed
concern with setting a dangerous precedent of transferring density credits onto
Williamson Act property. He said he respected the goals of that legislation.
P. Siemens said in conversations with staff he had learned that they consider this
parcel a very key one for preservation and had since shortly after formation of the
District. He said this fact was communicated to the previous owner so it has never
been a secret. After seeing the property and surroundings he too saw it as
potentially valuable for open space. After considering the staff report, letters and
public testimony, he felt the recommendation involved three issues. 1. He said he
believed the property acquisition was necessary for the public good for the reasons
given in the staff report. 2. The property is clearly threatened by development
which is not appropriate for the ridge line area now; even with the Convent's offer,
critical buildingareas are proposed for resent development and most importantly,
P P P P P Y,
subject to future intensification. 3. He believed his oath of office and his
responsibility to the constituents require that he not consider religion as a factor in
his decision either for or against a recommended action. He said he would support
the recommended actions.
I Cyr said this was incredibly difficult, and a lot of energy had been spent on both
sides of the question. He said fundamentally it was not an issue of religion but a
question of development and the size and impact of developing on the land. Once
development was in place it would be virtually impossible to remove it, and
effectively potential open space vanishes. He said he believed that his
responsibility was to attempt to determine the greatest good for the greatest
number for the greatest length of time, and with those considerations in mind he
felt he needed to support the staff recommendations.
M. Davey thanked the public. She said she was one of the founders of the District.
At that time it was their objective to preserve, protect and purchase as much open
space property as they could, and they have pursued that objective. Part of that
objective was to preserve the green belt around the Bay Area, and she felt this
parcel of land was a precious part of the green belt. She said that because of the
reasons already stated by her fellow Board Members, she intended to support the
resolution because she believed the land should not be developed. She said she
believed it was in the interests of everyone in the room, their children and their
children's children to protect this piece of open space. She said she would
appreciate their goals as the Board appreciated the Convent's objectives.
K. Nitz thanked everyone for their concern. He said he was not worried about the
90%but the 10% and where it is located. He also expressed concerns about the
Williamson Act problems it entails. He said in deciding this he must begin with the
mission statement and principles of the District which were basically to protect and
to preserve the land of the peninsula, not just for today but for generations forward
i
Meeting 98-06 Page 23
in perpetuity. He said he believed he was elected because of his years as an
environmentalist, and it was the 60,000 people who were in his ward who were not
at the meeting that he represented. He said he also represented those who have no
voice who live among us. He said for those reasons he supported the
recommended actions.
B. Crowder thanked those present for being patient and staying. She expressed
regret that Abbess Eugenia had to leave and due to a misunderstanding did not
have a chance to speak. She said Convent proponents have invested an enormous
amount of time and money in the project and she found it very difficult to vote on
this action at this time. She said she felt the District could further explore
alternatives to eminent domain, especially as one of the recommendations in the
staff report is to engage a firm to search for an alternative site for the Lady of
Vladimir convent. She thought this option might be pursued further.
Motion* B. Crowder moved that the Board continue this agenda item for 30
days until this alternative could be seriously studied. N. Hanko
seconded the motion.
N. Hanko asked staff if they needed more time to talk to the consultant as to
whether there are lands out there. She said she wanted this to be an important
exhaustive study, including District lands.
C. Britton said he did not know how long it would take for an exhaustive search
but was sure 30 days was not enough time. He said if they passed the resolution at
this time, it does not mean that discussions would not continue. He said there is a
lot of time between the time the Board takes this action and when they proceed to
acquire the property, in some cases a year or more. He said it is staff s plan to hire
the consultant and do an exhaustive search. He said one of the problems he
thought they were going to find was that they will come up with a number of
properties which have to be considered by the Convent and checked out for
zoning. This process could take as much as six months.
S. Schectman said the Board had the authority to continue this matter and if their
sole purpose was continuation for the site survey, that was part of the
recommended action in any case.
Vote: The motion failed with Directors Hanko and Crowder voting aye
and Directors Cyr,Nitz, Siemens, Davey and Smernoff voting nay.
Motion: M. Davey moved that the Board adopt Resolution 97-13 a
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Determining that the Recommended Actions
are Categorically Exempt from the California Environmental
Quality Act as set out in the staff report. P. Siemens seconded the
motion. The motion passed 6 to 1 (Director Crowder voting no).
Page 24
Meeting 98 06 P g
Motion: M. Davey moved that the Board adopt Resolution 97-14 a
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Finding and Determining that the Public
Interest and Necessity require the Acquisition of Certain Properties
for Public use, to Wit, for Public Park, Recreation, Open space and
Ecological Purposes for the Mills Creek Open Space Preserve,
Describing the Property Necessary Therefore and Authorizing and
Directing its Retained Legal Counsel to do Everything Necessary to
Acquire All Interests Therein(Russian Convent of Our Lady of
Vladimir, Inc. Property). K. Nitz seconded the motion. The
motion passed 6 to 1 (Director Crowder voting no).
Motion: M. Davey moved that the Board adopt the Preliminary Use and
Management Plan recommendations contained in the staff report,
including naming the property Mills Creek Open Space Preserve. J.
Cyr seconded the motion. The motion passed 7 to 0.
Motion* M. Davey moved that the Board indicate their intention upon
acquisition to dedicate the property as public open space. D.
Smernoff seconded the motion. The motion passed 7 to 0.
Motion: M. Davey moved that the Board authorize the General Manager to
enter into an agreement for professional services with Associated
right of Way Services, Inc. for site location services at a cost not to
exceed $25,000. D. Smernoff seconded the motion. The motion
passed 7 to 0.
Motion.; M. Davey moved that the Board find by motion based upon the
staff report that the property is threatened by development, subject
to degradation of natural resources and more than 50% of the fee
interest is held by an institutional or commercial entity. D.
Smernoff seconded the motion. The motion passed 7 to 0.
V. ADJOURNMENT
At 1:28 A.M. the meeting was adjourned.
Roberta Wolfe
Recording Secretary
11al Open L . e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-07
REGULAR.AND SPECIAL MEETINGS
BOARD OF DIRECTORS
March 25, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:30 P.M.
Members Present: Betsy Crowder, Mary Davey, David Smernoff, Pete Siemens, Jed Cyr,
Nonette Hanko, and Ken Nitz.
Personnel Present: Craig Britton and Sue Schectman.
II. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Item 1.
The Board recessed to Closed Session at 6:31 P.M. and the Closed Session commenced at
6:32 P.M. The Board concluded the Closed Session at 7:35 P.M.
President Crowder announced that the Board had voted in closed session to direct its legal
counsel to suspend the eminent domain proceedings with the Russian Convent of Our
Lady of Vladimir and resume negotiations with the convent representatives in an effort to
achieve a settlement. Directors Siemens, Cyr, Crowder, Nitz and Hanko voted aye.
Directors Smernoff and Davey voted nay.
President B. Crowder called the Regular Meeting to order at 7:40 P.M.
Additional Personnel Present: Mike Williams, Deirdre Dolan, Malcolm Smith, Jodi Isaacs,
and Mary de Beauvieres.
III. ORAL COMMUNICATIONS
Dave Perrone, 316 Ridge Road, Kings Mountain, Save Skyline Open Space, thanked the
Board for all they have been going through regarding the Russian Orthodox convent
decision. He had read the written communications and said there were a surprising
number of rational letters in favor of the action taken last Wednesday. He asked them to
remember that there are 600,000 persons in this District and only 300 were at the meeting.
330 Distel Circle -- Los Altos, CA 94022-1404 Phone:650-691-1200
FAX: 650-691-0485 - E-mail: nirosc3Qopenspace.org Web site:www.openspace.org
Bwrr'1 or 0irec ton Pete Siemens,ns,Mary C. Davey,Jed Cyr, David T.Srniernoff, Nanette Hanko, Betsy Crowder,Kenneth t . Nitz «General Manager.L.Craig Britton
Meeting 98-07 Page 2
That left 599,700 who did not care or thought they had elected people who did. He said
there was a lot of political pressure on Board members now and he understood that San
Mateo County had requested that they rescind the action. He said it was the Board of
Supervisors that put the District in a position of having to go to an eminent domain action
by basically removing it from the normal building practice in the county and approving
development of a Williamson Act property. He said the project needs to be looked at as a
Trojan horse in that it sets a precedent. He thanked the Board for all of their actions.
Richard Bourke, P. O. Box 7207, San Jose, asked for clarification of the Board's action.
S. Schectman confirmed that the Board directed Legal Counsel to suspend the eminent
domain proceedings (that is, hold the litigation in abeyance) and resume negotiations with
the Convent in an effort to achieve a settlement.
Mr. Bourke commented that it was good to see so many members of the public show up
and thought it was a good statistical sample of how the community felt about the matter.
He said he was disappointed that people had to come here first then move, and he did not
remember hearing in any open and public meeting that they had decided to hold the
hearing. He expressed the opinion that there had been a violation of the Brown Act. He
gave Board members a copy of a letter from Congressman Tom Campbell regarding the
Woods Road matter.
S. Schectman stated that at the March 18 meeting the Board voted in an open, public
session to authorize eminent domain proceedings. It was publicly agendized and all
actions with respect to this project had been properly noticed under the Brown Act.
There was a prior action to authorize an appraisal and negotiations with the convent.
C. Britton responded to Mr. Bourke's comments on the location of the meeting and the
accommodations that his point was well taken.
Al Bell, 12130 Skyline Blvd., Woodside, Save Skyline Open Space, thanked the Board
and said he understood their position. He felt newspaper coverage had been very one-
sided. He said the nuns were undergoing the same process any other entity would endure
for the same type of project. He said the opposition to the project is not coming from
wealthy people as stated in the newspapers. He described what had happened when the
San Mateo County Board of Supervisors disallowed their appeal of the Planning
Commission approval of the preliminary concept plan by a narrow 3-2 vote. He said the
concessions the nuns have made are minimal and that a residence of unknown size is
planned to the south. He said this is a major religious center. He described what he
believed was wrong with the planning process, referring to a previously approved project.
He said he hoped the District would not submit to public pressure and rescind their action
until those opposed had time to present the true picture to the general public. He agreed
that the nuns need a new home and hoped that a mutually agreeable resolution can be
reached.
Robert Black, 585 Dartmouth Ave., San Carlos, commended the Board on tonight's
action and said he thought it was an important move in order to try to defuse the situation.
Meeting 98-07 Page 3
IV. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 7 to 0.
V. ADOPTION OF CONSENT CALEND
N. Hanko and P. Siemens requested the removal of written communications.
Motion: D. Smernoff moved that the Board adopt the Consent Calendar, including
agenda item 5,Approval_ of Annual_Claims List Including Debt Service
Payments. for 1998-1999 Fiscal Year and Revised Claims 98-06. P.
Siemens seconded the motion. The motion passed 7 to 0.
VI. WRITTEN COMMUNICATIONS
N. Hanko said she thought the first paragraph on page 2 of the draft response to Chris
Church was an incomplete answer because there has been no discussion of what taxes
would apply on the coast if they were annexed. She thought it should be rewritten so
it is very clear that no figure has been discussed at this point.
C. Britton agreed and said staff would clarify the current property tax for the existing
constituency and add that the level at which there seemed to be public support for
funding was at the $1 per month per household level. Per P. Siemens' suggestion, he
agreed to add that any tax in a new area that might be added to the District would
require a 2/3 vote of the people. P. Siemens asked that the words, "for those new
areas" be added to the last sentence of that paragraph.
P. Siemens expressed concerns regarding the last sentence of the third paragraph of
the response to Matt Hill. C. Britton said it could be expanded to say that until there is
a concerted regional effort, including private and public owners, control (of feral pigs)
is not possible.
Motion: P. Siemens moved that the Board approve the amended replies to
written communications from Mr. Chris Church, E-mail:
cbriaboddnecotm Mr. Harry Haeussler, 1094 Highlands Circle, Los
Altos; and Matt Hill, P. O. Box 305, Ben Lomond, CA 95005. D.
Smernoff seconded the motion. The motion passed 7 to 0.
VII. BOARD BUSINESS
A. Agenda Item No. I —Acceptance of 1998-1999 Insurance Premiums for
District's PropeM and General Liability.Umbrella Liability, Automobile.
Fidelity Bond- and Public Entity Errors and Omissions Insurance Coverage-
deport R-98-39).
Meeting 98-07 Page 4
D. Dolan said the most significant change was a 3.5% increase over last year.
Skip McIntyre, representing Flinn, Gray and Herterich, of Palo Alto, the
District's insurance broker, said they went to 15 insurance carriers to bid the
renewals. Approximately two responded to each line item and the
recommendations reflect the lowest bidders.
Motion: N. Hanko moved that the Board accept the property and
general liability, auto umbrella liability, fidelit bond, and public
g Y Y
entity errors and omissions insurance bid totaling $175,764
from Flinn, Gray&Herterich Insurance Brokers based on the
quotations shown on Exhibit 1 from Reliance, General Accident
Insurance, Fireman's Fund Insurance, Chubb, and Stewart
Smith West for the period of April 1, 1998 through March 31,
1999. J. Cyr seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2—Adoption of the 1998-1999 Action Plan for the
Implementation of the Basic Policy of the Midpeninsula Regional nal Open Space
District - (Report R-98-37).
C. Britton said the changes suggested by the Board are in the subprograms in
italics. He said the Board might not be aware of some of the changes to the
planning work program which had come about because of severe winter
storms. A chart showing those changes was included in the report.
M. de Beauvieres said projects have changed since the January workshop.
Storm-related projects were added and some projects had to be carried over
from this fiscal year to next. As a result of the additions, the scope of some
projects was reduced. M. de Beauvieres explained the term, "certified wood
products" on page 2 of Revisions to Chart A, stating there is a scientific
organization that oversees all wood product growers. Those who are certified
have management practices that are for sustainable yields and generally high
quality management practices. She clarified that the Glasspool cleanup was
not related to the Air Force base. She said all the projects on Revisions to
Chart A have been included in the attachment to the action plan(the planning
work program).
M. de Beauvieres said storm related damage occurred after January 14, and
staff are still evaluating them. They have contacted FEMA and submitted
estimates. She said the time frame for completion of the driveway and parking
area at Thornewood is late spring or early summer.
In answer to H. Haeussler's question about why projects were considered to be
new, M. de Beauvieres explained that the asterisk next to projects on this chart
meant they were not included in last year's work plan. She said they had tried
to make sure the parking lot at Windy Hill was completed before additional
trails were developed.
Meeting 98-07 Page 5
i
Win: M. Davey moved that the Board adopt the 1998-1999 Action
Plan for the Implementation of the Basic Policy of the
Midpeninsula Regional Open Space District. P. Siemens
seconded the motion.
N. Hanko commended staff for preparation of the plan, stating
that it is very clear as to exactly what the District is planning to
do on all its preserves.
Vote: The motion passed 7 to 0.
C. Agenda Item No. 3-&12roval of the Budget for Fiscal Year 1998-1999.
a) Administration and Budget Committee Report - (Report R-98-411.
J. Cyr outlined the report and said the committee was focusing on
becoming more clear about the 6%guideline. He said the rationale for
how it applies this year is in the report, and the committee believes they
need further work and would like to continue to clarify these issues.
Motion* J. Cyr moved that the Board accept the Administration and
Budget Committee recommendations to approve the
proposed 1998-1999 Budget; approve the guidelines noted
in the report for the capital improvement budget; direct the
ad hoc Board Appointee Evaluation Committee to initiate a
salary review and evaluation for the General Manager and
Controller; review the 1997-1998 actual versus budgeted
expenditures after completion of the audit; mid-way through
the fiscal year review the 1998-1999 budget and
expenditure status; review the capital improvement budget
to insure the guidelines are working adequately and meet
with the Controller for a review of the District's financial
status; and, by August 1998, reassess the validity of the
target average 6%growth guideline in the operating budget,
and clearly establish the methodology by which the
guidelines will be determined and applied in future years.
N. Hanko seconded the motion.
Discussion: J. Cyr said there was no dispute about having the
guideline, but they want to re-assess the methodology. C. Britton
added that the committee has made a lot of headway having defined the
capital improvement budget. They want to come back with information
on how the growth guideline is applied so that it will be much clearer to
future budget committees.
Vote: The motion passed 7 to 0.
Meeting 98-07 Page 6
b) Staff Report—(deport R-98-40).
C. Britton pointed out a correction to page 2 of 3 of Attachment 1,
stating that the total under 97-98 Projected Expense in the Operations
Program chart should be $2,528,279.
D. Dolan mentioned that staff will be coming back at the next meeting with
the Position Classification and Compensation document which will
incorporate the 1% salary increase for represented, supervisory and
management staff.
C. Britton said the staff report includes a summary of the budget which is
in accordance with what was presented to the Budget Committee and
outlines the major changes.
In answer to Mr. Black's earlier question about the increase in reserves
1 h
beinglisted as $9.7 million in Exhibit item 2 C. Britton explained that
A, P
has to do with expenditures from last year's debt retirement, capital
improvements, and land acquisition.
Motiom P. Siemens moved that the Board approve a one point (1%)
salary adjustment for the office, supervisory, and
management staff, and adopt Resolution 98-15, A
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Adopting Budget for Fiscal
Year 1998-1999. D. Smernoff seconded the motion. The
motion passed 7 to 0.
D. Agenda Item No. 4—Approval_ of the Proposed Minor Organization Chang
for the planning Program_ Including Continuance of the Self-Directed Work
Team. and an Acting Appointment to the Senior Planner Position and
Authorization for the Filling of an Open Space Planner II Position in Lieu of a
Currently Vacant Open Space Planner I Position-(Report R-98-381
C. Britton outlined the staff report and said he thought the team was working
well and eagerly supports this proposal. He said they feel that for the first year
of the proposed organization changes there will be no budget impacts. During
subsequent years there will be an increase that will have to come under the
budget growth guideline. The position of Senior Planner is designated Acting
because the team has been going for two years and there are a lot of areas in
which they need additional training. In addition, the team has not been at full
strength and they would like to see how that works out and evaluate it at the
end of the fiscal year. They will come back with a recommendation at that
time. He said they want to see what the long term commitment will be to a
team. There are now 4.5 people on the team and there would be 6.5 if the
proposal is approved. The vacancies are on the books now and are currently
Meeting 98-07 Page 7
i
budgeted.
Discussion followed about the benefit of having a Planner II with construction
experience on the team. B. Crowder said that while she feels the Board is not
meant to interfere with internal hiring, she felt that the appointment to Senior
Planner should be permanent, not acting. C. Britton repeated that staff
believed the performance of the proposed team should be evaluated at the end
of the fiscal year.
Motion: P. Siemens moved that the Board approve the proposed minor
organization changes for the Planing Program, including
continuance of the self-directed work team and an Acting
Appointment to the Senior Planner position; and authorize the
filling of an Open space Planner II position in lieu of a currently
vacant Open Space Planner I position. M. Davey seconded the
motion.
Discussion: M. de Beauvieres informed Board members that until the Planning
Technician vacancy is filled, M. Freeman will continue working on the sign
program. One of the projects on the work program is to evaluate the sign
program.
Mote: The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
M. Davey thanked the Board for sending her to Sacramento to the PCL annual
conference.
N. Hanko asked for copies of the notification policies adopted in 1986 after lengthy
discussion with property owners. Two people had asked her about how the March 18
publicity had been distributed as they had not been notified. She asked for a report
from S. Schectman and M. Smith regarding how the policy had been defined in
notifying people of the March 18 meeting.
C. Britton said the law required a 15-day notice to the owner, which was done. In
addition, an eight-day notice was sent to surrounding property owners, all press,
individuals who subscribe to the agenda, and names from petitions. More than 200
notices had gone out. He said he thought the notification was thorough and in
accordance with the existing policy. Staff is keeping a data base for follow-up.
B. Crowder said she also enjoyed the PCL symposium.
J. Cyr commended staff for how they handled the moving of a large number of people
for the convent hearing last week. Other board members concurred.
C. Britton reported as follows: 1. Notice of Palo Alto State of the City address on
I
Meeting 98-07 Page 8
April 20 at 5:45 p.m. 2. M. de Beauvieres had given him the final rundown on the
Skyline dump cleanup. Final cost was $179,973 which was fully paid by the State.
District costs were to build a road and re-vegetate the area at an agreed-to cost of
$15,000. 3. He asked which Board members were planning to attend Friday's Bay
Area Open Space Council meeting in San Francisco at the Presidio. 4. FYIs included
an update on the Warner Group study of the Operations Program. 5. He commended
staff members who helped at last week's hearing, including Paul, Carleen, Gordon,
Kat, Bunny, Deirdre, Lisa, Susan, Del, Sue, Malcolm, John, and Mike.
IX ADJOjMhZ_/lENI
The meeting was adjourned at 8:47 P.M.
Roberta Wolfe
Recording Secretary
Claims No. 98-06
Meeting 98-07
Date: March 25, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
3797 299.86 ACME & Sons Sanitation Sanitation Services
3798 97.50 ADT Burglar Alarm
3799 334.33 All Laser Service Laser Printer Service
3800 25.00 Bob Archibald Docent Training
3801 258.00 Atlas Heating & Air Conditioning Ranger Residence Furnace Repair
3802 38.66 AT&T Telephone Service
3803 86.90 Gordon Baillie Reimbursement - PRAC Conference
3804 70.00 Bettencourt American Landscape Landscape Maintenance
3805 573.00 Bills Towing Towing
3806 1,050.00 Thompson Brooks Tree Removal and Trimming
3807 85.01 Carleen Bruins Reimbursement - Nature Center Supplies
3808 562.50 Building Abatement Analytics Enterprise Asbestos Surveys
3809 1,055.53 Cabela's Uniform Supplies
3810 120.00 California Park and Recreation Society Subscription
3811 129.61 California Water Service Company Water Service
3812 256.03 Callander Associates Windy Hill Parking Lot Construction
3813 91.24 Cal-Line Equipment, Inc. Equipment Repair
3814 70.00 Camino Medical Group Medical Services
3815 880.99 C I Enterprises, Inc. Lighting Maintenance
3816 2,035.56 Cascade Fire Equipment Company Fire Fighting Equipment
3817 296.56 Communication & Control, Inc. Mt. Umunhum Pump
3818 49.94 Patrick Congdon Reimbursement - PRAC Conference
3819 155.21 Compurun Systems Computer Supplies
820 175.92 Contemporary Engraving Co., Inc. Engraving
3821 80.00 •1 Betsy Crowder Reimbursement - PCLF Symposium
3822 41.20 CSK Auto-Kragen Vehicle Maintenance
3823 250.26 Mary Davey Reimbursement - PCL Conference
3824 65.00 Decatur Electronics, Inc. Radar Certification
3825 1,300.00 Department of Parks & Recreation OST Training
3826 651.87 *2 EIS, Inc. Board Meeting Equipment Rental
3827 668.00 Enshallah, inc. Consulting Services - Teague Hill
3828 28.25 Federal Express Corporation Express Mail
3829 501.19 Forestry Suppliers, Inc. PH/Conductivity Kit and Power Pack
3830 38.45 Foster Bros. Security Systems, Inc. Keys
3831 51.60 G & K Services Shop Towel Service
3832 35.98 Gall's Inc. Night Guard Spot Light
3833 561.41 Goodyear Auto Service Center Tires
3834 60.00 Greenbelt Alliance Patrol Map Book
3835 429.00 GreenWaste Recovery, Inc. Dumpster Service - Skyline
3836 36.94 GTE Mobilnet Cellular Phone Service
3837 50.00 Keith Gutierrez Docent Training
3838 223.31 H & L International, Inc. Volunteer Program Supplies/Equipment
3839 100.00 Phil Hearin Reimbursement - PRAC Conference
3840 45.00 Clarie Hollenbeck Docent Training
3841 160.21 *3 Stanley W. Hooper Reimbursement - Uniform Supplies
3842 839.48 Home Depot Field Supplies/Equipment
1843 25.00 Dianne Hunt Docent Training
j844 117.77 J. C. Penny Uniform Supplies
3845 54.49 John Kowaleski Reimbursement - Film Developed
Page 1
Claims No. 98-06
Meeting 98-07
Date: March 25, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
J846 -4,13$v t,,D Lab Safety Supply Restroom Supplies - Skyline
3847 68.04 Langley Hill Quarry Drainage Rock
3848 935.20 Lanier Worldwide, Inc. Copier Lease
3849 200.00 Tom Lindsay Docent Training
3850 846.92 Livestock Supply Company Gates
3851 327.00 David Lockhart Feral Pig Study Project
3852 252.18 Los Altos Garbage Company Debris Box - Pulgas OSP
3853 72.54 Lucent Technologies Telephone Maintenance
3854 1,427.48 Kristen Manias Seed Collection Data Consultant
3855 200.17 MetroMobileCommunications Radio Repair - Foothills
3856 200.00 Ken Miller Reimbursement - PRAC Conference
3857 175.37 Moffett Janitorial Supply Restroom Supplies
3858 18.38 Mountain View Garden Center Pea Gravel
3859 281.00 Miller, Brown & Dannis Legal Services
3860 1,961.32 Orchard Supply Hardware Field Supplies
3861 1,609.62 Pacific Bell Telephone Service
3862 250.70 Portola Valley Feed Straw
3863 Platypus Studios, Inc. Nature Center- Graphics
3864 149.39 R. E. Borrmann's Steel Field Supply
3865 16.88 Rancho ACE Hardware Restroom Supply
3866 34.13 Rayne Water Conditioning Water Service
3867 120.00 Redwood Plumbing & Heating Bean Residence - Service Call
3868 490.00 Barbara Scherb Rufer Contract Planner
869 1,049.45 Russ Enterprises Barricades/Signs
3870 114.75 Safety Kleen Solvent Tank Service
3871 116.56 Sears Field Supplies
3872 195.90 Kelly Seitz Training Manuals--Haz Mat Class
3873 44.00 Sequoia Analytical Labratory Skyline Water Tests
3874 337.21 Stevens Creek Quarry, Inc. Gravel/Drain Rock
3875 253.20 Summit Uniforms Uniform Supplies
3876 203.50 Debra Thornley CalTrans Project Consultant
3877 166.90 Tool Crib of the North Tools
3878 1,293.00 Turner & Mulcare Legal Services
3879 593.77 United Green Mark, Inc. Field Supplies
3880 7.51 Unocal 76 Fuel
3881 3,000.00 U. S. Postal Service Postage
3882 1,332.68 Visa Supplies
3883 22.73 West Coast Rebar Field Supply
3884 639.06 Wheel Works Tires
3885 50.03 Wheelsmith Bicycles Patrol Bicycle Repairs
3886 250.00 Wilderness Taxidermy Nature Center Displays
3887 40.99 Workingman's Emporium Uniform Supplies
3888R 2,508.00 BNY Western Trust Company 1995 Note Administration Fee
3889R 210.00 CAPIO CAPIO Conference-K. Altieri
3890R 13,268.97 Jens Hansen Company Windy Hill Improvement Project
3891 R 572.33 Office Depot Office Supplies
'4892R 284.74 *4 Precision Cameras Field Staff Camera
Page 2
Claims No. 98-06
Meeting 98-07
Date: March 25, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
A39311 110.57 Petty Cash Business Meeting Expense, Office and
Field Supplies and Conference Expense
•1 Urgent Check Issued March 18, 1998
•2 Urgent Check Issued March 20, 1998
•3 Urgent Check Issued March 12, 1998
`4 Urgent Check Issued March 23, 1998
TOTAL 52,200.19
II�
i
Page 3
Re
giona i Open
. .,. ..
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-50
Meeting 98-09
April 22, 1998
AGENDA ITEM:__
AGENDA ITEM
Proposed Addition of Weaver Property to La Honda Creekf"Open Space Preserve
GENERAI 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 Weaver property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this
report, including naming the property as an addition to La Honda Creek Open Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space at this time.
DESCRIPTION (see attached man)
The Weaver property is located in unincorporated San Mateo County, south of Skylonda and adjacent to
La Honda Creek Open Space Preserve. The 13-acre irregular-shaped property (APN 078-280-060)
borders State Highway 84 and Weeks Creek. The property is a desirable addition to La Honda Creek
Open Space Preserve because it will help protect important riparian habitat and the visual qualities of the
State Highway scenic corridor.
The property is bounded by State Highway 84 to the east, Weeks Creek to the west, a CalTrans parcel to
the southeast, and private property to the north, east and south. The property includes approximately
one-quarter mile of State Highway frontage and an unsurfaced driveway and gate are located directly
south of the property. Weeks Creek forms the property's west boundary and on the opposite side of the
creek lies the scenic grassland ridges of La Honda Creek Open Space Preserve. Spanish Ranch Creek
forms a portion of the south boundary and intersects with Weeks Creek at the property's southwest
corner.
The property is largely comprised of a dense forest on steep west-facing slopes that descend from State
Highway 84 down to Weeks Creek. An exception to the steep slopes is a small, relatively level area
along the edge of State Highway 84 near the property's north boundary. Weeks Creek and the
surrounding riparian corridor form a major tributary to La Honda Creek. Vegetation is comprised of
mature redwoods near the creek with oaks, buckeye, and scrub brush located on the upper slopes closer
to State Highway 84. The slopes are generally unstable and a large landslide is located on the adjacent
CalTrans parcel to the southeast. Debris from this landslide eventually spills into Weeks Creek near the
south boundary.
330 Distel Circle - Los Altos, CA 94022-1404 - Phone.: 650-691-1200
FAX:650-691-0485 - E-mail:mrosd@openspace.org - Web site:www.openspace.org
Hoarcl of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David L.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton
R-98-50 Page 2
Improvements on the property are limited to traces of overgrown trails and high voltage overhead power
lines. The power lines cross through the middle of the property in a diagonal direction climbing from
Weeks Creek to the State Highway in the southeasterly direction.
USE AND MANAGEMENT PL AN
Planning Considerations
The property is in unincorporated San Mateo County and is zoned RM (Resource Management). State
Highway 84 is designated a State and County Scenic Road in the San Mateo County General Plan.
The property is rated in the District's Open Space Master Plan as having a moderately low composite
open space value and is most important in terms of wildlife habitat, watershed and scenic protections.
The Bay Area Ridge Trail plan shows a segment of the Ridge Trail in the vicinity of the proposed
acquisition. The trail will connect La Honda Creek and Windy Hill Open Space Preserves.
Preliminary Use and Management Plan Recommendations
The Preliminary Use and Management Plan will take effect at the close of escrow. Future land use
decisions and environmental review, if any such land use decisions vary from the Preliminary Use and
Management Plan, will occur in compliance with the Open Space Use and Management Planning
Process.
Public Access: Designate Conservation Management Unit; public access will not be encouraged.
Trail Designation: No trails or roads are designated for trail use.
Dedication: Indicate your intention to withhold the property from dedication as public open space
at this time.
Name: Name the property as an addition to La Honda Creek Open Space Preserve.
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
PWiect Description
The project consists of the acquisition of a 13-acre parcel of land as an addition to La Honda Creek Open
Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition.
The land will be permanently preserved as open space, and maintained in a natural condition.
R-98-50 Page 3
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
15316, 15317, 15325 and 15061 as follows:
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition
and the management plan proposes to keep the area in a natural condition. The site is in a natural
condition and the use and management plan specifies the land will not be developed and will remain in a
natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an
area. This District will accept fee interests in the property and maintain the open space character of the
area.
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.
This acquisition qualifies under all three 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.
TERMS & CONDITIONS
The purchase price of$50,000 is payable in cash at the close of escrow. This 13-acre property
constitutes one legal building site which lacks physical access. The purchase price is based upon a fair
market appraisal commissioned by the District.
BUDGET CONSIDERATIONS
1998/1999 Budget for Land Acquisition
New Land $11,303,000
Weaver Acquisition proposed on this agenda (50,000)
Aitken Acquisition proposed on this agenda (775,000)
Acquisition Budget Remaining $10,478000
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 La Honda Creek Open Space Preserve for protection of watershed, wildlife
habitat and scenic backdrop.
R-98-50 Page 4
PUBLIC _NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been mailed
written notices of this proposed acquisition.
Prepared by:
Del Woods, Senior Management Specialist
Michael C. Williams, Real Property Representative
Contact person:
Michael C. Williams, Real Property Representative
LA HONDA CR. EK OPEN SPACL.- PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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12/17/97
EXHIBIT A: SITE MAP 0,0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 10
One Mile
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF
ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING
GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING
OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE
PRESERVE - LANDS OF WEAVER)
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 James L.
Weaver, Surviving Trustee of the Weaver Family Living Trust dated December 13, 1990 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 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 $5,000 to
cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this
transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the District's
general fund will be reimbursed in the amount of$50,000 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 the 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 the District. The Board of Directors hereby declares the District's official intent to use
proceeds of indebtedness to reimburse itself for this open space land acquisition project
expenditure.
x
PURCHASE A 7 EEMENT
This Agreement is made and entered into b and between James L. Weaver,
g Y
Surviving Trustee of the WEAVER FAMILY LIVING TRUST dated December 13, 1990
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."
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space
and recreational value, located within an unincorporated area of the County of San Mateo ,
and being more particularly described within the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological, recreational, and aesthetic resources of the
midpeninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to
District, and District wishes to purchase said property upon the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
promises and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's real property located within an unincorporated area of the
County of San Mateo, State of California, containing approximately Thirteen (13) acres, more
or less, and commonly referred to as San Mateo County Assessor's Parcel Number 078-280-
060. Said property being further described in the Legal Description attached to Preliminary
Report number 432249 from First American Title Insurance Title Company, a copy of said
preliminary title report attached hereto as Exhibit "A", and incorporated herein by this
reference. Said property to be conveyed together with any easements, rights of way, or rights
of use which may be appurtenant or attributable to the aforesaid lands, and any and all
improvements attached or affixed thereto. All of said real property and appurtenances
hereinafter called the "Subject Property" or the "Property".
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be Fifty Thousand and No/100s ($50,000.00), which shall be paid in cash at the
"Closing" as defined in Section 3 hereof.
3. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 11 herein, an escrow shall be opened at First American Title Insurance Company, 601
Marshall Street, Redwood City, CA 94063, (650) 367-9050 (Escrow number 432249) or other
title company acceptable to District and Seller (hereinafter "Escrow Holder") through which
the purchase and sale of the Property shall be consummated. A fully executed copy of this
Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow
Holder; provided that the parties shall execute such additional supplementary or customary
escrow instructions as Escrow Holder may reasonably require. This Agreement may be
amended or supplemented by explicit additional escrow instructions signed by the parties, but
the printed portion of such escrow instructions shall not supersede any inconsistent provisions
contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the
terms of this Agreement, the documents and monies to be deposited into the escrow as herein
provided, with the following terms and conditions to apply to said escrow:
(a) The time provided for in the escrow for the close thereof shall be on or
before May 29, 1998, provided however, that the parties may, by written agreement, extend
the time for Closing. The term "Closing" as used herein shall be deemed to be the date when
Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the
County Recorder of San Mateo County.
(b) Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessary or appropriate to consummate
the purchase and sale pursuant to the terms of this Agreement.
(c) Seller shall deposit into the escrow on or before the Closing an executed
and recordable Grant Deed, covering the Property as described in said Exhibit "A".
(d) District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of Fifty
Thousand and No/100s ($50,000.00).
(e) District shall pay the escrow fees, the CLTA Standard Policy of Title
Insurance, if required by District, and all recording costs and fees. All other costs or expenses
not otherwise provided for in this Agreement shall be apportioned or allocated between District
and Seller in the manner customary in San Mateo County. All current property taxes on the
Property shall be pro-rated through escrow between District and Seller as of the Closing based
upon the latest available tax information using the customary escrow procedures.
(f) Seller shall cause First American Title Insurance Company, or other title
company acceptable to District and Seller, to be prepared and committed to deliver to District,
CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the
amount of$50,000 for the Property showing title to the Property vested in fee simple in
District, subject only to: (i) current real property taxes, (ii) such additional title exceptions as
Purchase Agreement Page 3
may be approved in writing by District prior to the Closing as determined by District in its
sole and absolute discretion.
(g) Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of San Mateo County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller Escrow Holder's check for the full purchase price of
the Subject Property (less Seller's portion of the expenses described in Section 3(e), and to
District or Seller, as the case may be, all other documents or instruments which are to be
delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall
return all monies, documents or other things of value deposited in the escrow to the party
depositing the same.
4. Rights and Liabilities of the Parties in the Event of Termination. In the event
this Agreement is terminated and escrow is canceled for any reason, all parties shall be -
excused from any further obligations hereunder, except as otherwise provided herein. Upon
any such termination of escrow, all parties hereto shall be jointly and severally liable to
Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such termination of escrow), and
each party expressly reserves any other rights and remedies which it may have against any
other party by reason of a wrongful termination or failure to close escrow.
5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or
written leases or rental agreements affecting all or any portion of the Subject Property. Seller
further warrants and agrees to hold District free and harmless and to reimburse District for any
and all costs, liability, loss, damage or expense, including costs for legal services, occasioned
by reason of any such lease or rental agreement of the Property being acquired by District,
including, but not limited to, claims for relocation benefits and/or payments pursuant to
California Government Code Section 7260 ct sM. Seller understands and agrees that the
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
6. Seller's Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
representations and warranties to District, which shall survive close of escrow, each of which
is material and is being relied upon by District.
(a) Authority. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
(b) 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
Purchase Agreement Page 4
sufficient to convey to District the Subject Property described therein, and are enforceable in
accordance with their respective terms and do not violate any provisions of any agreement to
which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate
resolutions of Seller.
(c) Good Title. Seller has and at the Closing date shall have good, marketable
and indefeasible fee simple title to the Subject Property and the interests therein to be
conveyed to District hereunder, free and clear of all liens and encumbrances of any type
whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights
or any other right, title or interest held by any third party except for the exceptions permitted
under the express terms hereof, and Seller shall forever indemnify and defend District from
and against any claims made by any third party which are based upon any inaccuracy in the
foregoing representations.
7. Integrity of Prooertv. Except as otherwise provided herein or by express
written permission granted by District, Seller shall not, between the time of Seller's execution
hereof and the close of escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or other earthmoving activities,
cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of
improvements or structures on the Property.
8. Hazardous Waste.
(a) Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead.
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.)
(b) Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property, Seller makes the following representations and warranties to
District, which shall survive close of escrow, each of which is material and is being relied
upon by District:
(i) The Property does not contain any Hazardous Waste or underground
storage tanks;
Purchase Agreement Page 5
(ii) Seller and the Property are in compliance with all applicable federal,
state and local laws, statutes, ordinances, orders, guidelines, rules and
regulations pertaining to Hazardous Waste or underground storage tanks;
(iii) At the time Seller acquired the Property, Seller did not know and
had no reason to know that any Hazardous Waste was present, used,
manufactured, handled, generated, stored, treated, discharged, buried or
disposed of on, under or about the Property, or had been transported to or from
the Property;
(iv) Seller has not undertaken, permitted, authorized or suffered, and
will not undertake, permit, authorize or suffer the presence, use, manufacture,
handling, generation, storage, treatment, discharge, release, burial or disposal
on, under or about the Property of any Hazardous Waste, or the transportation
to or from the Property, of any Hazardous Waste;
(v) There is no pending or, to Seller's best knowledge, threatened
litigation or proceedings before any administrative agency in which any person
or entity alleges the presence, release, threat of release, placement on, under or
about the Property, or the use, manufacture, handling, generation, storage,
treatment, discharge, burial or disposal on, under or about the Property, or the
transportation to or from the Property, of any Hazardous Waste;
(vi) Seller has not received any notice and has no knowledge or reason
to know that any governmental authority or any employee or agent thereof has
determined, or threatens to determine, that there is a presence, release, threat of
release, placement on, under or about the Property, or the use, manufacture,
handling, generation, storage, treatment, discharge, burial or disposal on, under
or about the Property, or the transportation to or from the Property, of any
Hazardous Waste;
(vii) There have been no communications or agreements with any
governmental authority or agency (federal, state or local) or any private entity,
including, but not limited to, any prior owners of the Property, relating in any
way to the presence, release, threat of release, placement on, under or about the
Property, or the use, manufacture, handling, generation, storage, treatment,
discharge, burial or disposal on, under or about the Property, or the
transportation to or from the Property, of any Hazardous Waste.
(c) Indemnity. Seller shall indemnify, defend and hold harmless District
from and against any legal or administrative proceedings brought against District, and all
claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without
limitation, attorney, engineering and other professional or expert fees, directly or indirectly
Purchase Agreement Page 6
arising from any breach of the warranties or representations contained herein, or arising from
related to or connected with the existence of any hazardous substances of any kind on or in the
property, except when any hazardous substance contamination was caused solely by District.
Seller shall be solely and completely responsible for responding to and complying with any
administrative notice, order, request, or demand, or any third party claim or demand relating
to potential or actual hazardous substance contamination on or in the Property, including any
and all costs of remediation and cleanup, except when such contamination was caused solely
by District. In addition to any remedies provided in this subsection, in the event Hazardous
Waste is found to exist on the property, District may exercise its right to bring an action
against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other
person or persons determined to have responsibility for the presence of Hazardous Waste on
the Property.
9. Waiver of Statutory Compensation. Seller and District understand and agree
that Seller may be entitled to receive the fair market value of the Property described in Exhibit
"A", as provided for by the Federal Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of
1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Statutes, 246-256), and California Government Code Section
7267, and following. Seller hereby waives any and all existing and/or future rights seller may
have to the fair market value of said Property, appraisals, etc., as provided for by said Federal
Law and any corresponding California Government Code Sections.
10. Miscellaneous Provisions.
(a) 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.
(b) Attorneys' Fees. If either party hereto incurs any expense, including
reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of
any default or alleged default of the other party hereunder, the party prevailing in such action
or proceeding shall be entitled to recover from the other party reasonable expenses and
attorneys' fees in the amount determined by the Court, whether or not such action or
proceeding goes to final judgment. In the event of a settlement or final judgment in which
neither party is awarded all of the relief prayed for, the prevailing party as determined by the
Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees.
(c) Amendment and Waiver. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time
for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and warranties made by the other party contained in this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
Purchase Agreement Page 7
covenants contained in this Agreement or the performance of any obligations of the other
party; or (iv) waive the fulfillment of any condition that is precedent to the performance by
such party of any of its obligations under this Agreement. Any agreement on the part of any
party for any such amendment, extension or waiver must be in writing.
(d) 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.
(e) 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
and return receipt requested, 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: Mr. James L. Weaver
1105 Lincoln Drive
Mountain View, CA 94040
(650) 967-2856
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: L. Craig Britton
General Manager
(650) 691-1200
FAX: (650) 691-0485
If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile
or cabled notice shall promptly 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. Either party hereto may from time to time, by notice in writing served upon the other
as aforesaid, designate a different mailing address or a different person to which such notices
or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement
shall excuse either party from giving oral notice to the other when prompt notification is
Purchase Agreement Page 8
appropriate, but any oral notice given shall not satisfy the requirement of written notice as
provided in this Section.
(f) Severability. If any of the provisions of this Agreement are held to be void
or unenforceable by or as a result of a determination of any court of competent jurisdiction,
the decision of which is binding upon the parties, the parties agree that such determination
shall not result in the nullity or unenforceability of the remaining portions of this Agreement.
The parties further agree to replace such void or unenforceable provisions which will achieve,
to the extent possible, the economic, business and other purposes of the void or unenforceable
provisions.
(g) Counterparts. This Agreement may be executed in separate counterparts,
each of which shall be deemed as an original, and when executed, separately or together, shall
constitute a single original instrument, effective in the same manner as if the parties had
executed one and the same instrument.
(h) Waive . No waiver of any term, provision or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be
construed as, a further or continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement.
(i) 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.
0) Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
(k) Survival of Covenants. All covenants of District or Seller which are
expressly intended hereunder to be performed in whole or in part after the Closing, and all
representations-and warranties by either party to the other, shall survive the Closing and be
binding upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors and permitted assigns.
(1) 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.
(in) Further Documents and Acts. Each of the parties hereto agrees to execute
and deliver such further documents and perform such other acts as may be reasonably
Purchase Agreement Page 9
necessary or appropriate to consummate and carry into effect the transactions described and
contemplated under this Agreement.
(n) Binding on Successors and Assigns. This Agreement and all of its terms,
conditions and covenants are intended to be fully effective and binding, to the extent permitted
by law, on the successors and permitted assigns of the parties hereto.
(o) Broker's Commission. District shall not be responsible for any real estate
commission or other related costs or fees in this transaction. Seller agrees to and does hereby
indemnify and hold District harmless from and against any and all costs, liabilities, losses,
damages, claims, causes of action or proceedings which may result from any broker, agent or
finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in
connection with this transaction.
(p) 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.
(q) Pronoun References. In this Agreement, if it be appropriate, the use of the
singular shall include the plural, and the plural shall include the singular, and the use of any
gender shall include all other genders as appropriate.
(r) Arbitration of Disputes. If any dispute arises between District and
Seller relating to this Agreement and the purchase and sale of the Property, the District and
Seller agree that the dispute shall be resolved by binding arbitration determined by three
arbitrators appointed as set out below:
(i) Within 10 days after a notice by either party to the other
requesting arbitration and stating the basis of the parry's claim, each
party shall appoint one arbitrator, notifying the other party of the
appointment when made;
(ii) The two arbitrators shall immediately choose a third arbitrator
to act with them. If a party fails to select an arbitrator within the time
allowed or if the two arbitrators fail to select a third arbitrator within
10 days after their appointment, the additional arbitrator shall be
promptly selected by random lot in a manner agreed among the
arbitrators already appointed from a pool of up to six names, with
each party entitled to submit no more than three names.
(iii) The arbitration shall be conducted under Code of Civil
Procedure §§1280-1294.2. Hearings shall be held in Santa Clara
County, California.
Purchase Agreement Page 10
(iv) A decision of the majority of Arbitrators shall be binding on
both parties. The prevailing party in arbitration shall be entitled to an
award of its costs of arbitration. However, each party shall pay for
their own attorney's fees.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
uARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING
UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED
IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU
ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE
COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE
CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO
SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
SELLER INITL4,L BUYER INITIAL -YA(tJ
11. Acceptance. Provided that this Agreement is executed by Seller and
delivered to District on or before April 2, 1998, District shall have until midnight
April 22, 1998 to accept and execute this Agreement, and during said period this instrument
shall constitute an irrevocable offer by Seller to sell and convey the Property to District for
the consideration and under the terms and conditions herein set forth.
Provided that this Agreement is accepted by District, this transaction shall close as
soon as practicable in accordance with the terms and conditions set forth herein.
t
Purchase Agreement Page 11
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.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT es L. Weaver, Surviving Trustee
of the WEAVER FAMILY LIVING
TRUST dated December 13, 1990
ACCEPTED FOR RECOMMENDATION Date: _
C
Michael C. Williams, Real Property
Representative
APPROVED AS TO FORM:
Sue Schectman, District Counsel
RECOMMENDED FOR APPROVAL:
L. Craig Britton
General Manager
APPROVED AND ACCEPTED:
President, Board of Directors '
ATTEST:
District Clerk
Date:
Order No. 432249
FIRST AMERICAN TITLE INSURANCE COMPANY
FIRST LOOK CHECKLIST
PLEASE CALL YOUR ESCROW OFFICER IF YOUR ANSWER
IS YES TO ANY OF THE FOLLOWING QUESTIONS?
*Are your principals using a Power of Attorney?
*Are any of the parties in title Incapacitated or Deceased?
*Has a change in Marital Status occurred for any of the principals?
*Will the property be transferred to a new Trust
Partnership or Corporation?
*Do the sellers of the property reside Out of State?
*Is the property the subject of an Exchange?
REMEMBER, ALL PARTIES SIGNING DOCUMENTS
MUST HAVE A VALID PHOTO I.D. OR DRIVERS LICENSE
FIRST AMERICAN TITLE INSURANCE COMPANY
INFORMATION FOR YOUR SUCCESS
*****************************************************************************
EXHIBIT
-A
Page —of
Order No. 432249
1r i
PR:ELrvnNARY REPORT
FIRST AMERICAN TITLE INSURANCE COMPANY
601 Marshall Street, Redwood City, CA 94063
(650) 367-9050 - ESCROW FAX (650) 569-2738
MID-PENINSULA REGIONAL
OPEN SPACE DISTRICT
Attn: Mike Williams
330 Distel Circle
Los Altos, CA 94022
Customer's Reference:
Form of Policy Coverage Requested: ALTA LOAN POLICY - 1992 AND CALIFORNIA
LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY- (1992) OR AMERICAN
LAND TITLE ASSOCIATION OWNER POLICY - (1992) WITH REGIONAL EXCEPTIONS
In response to the above referenced application for a policy of title insurance, this Company
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy
or Policies of Title Insurance, describing the land and the estate or interest therein hereinafter
set forth, insuring against loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception below or not excluded from coverage
pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth
in Exhibit A attached. Copies of the Policy forms should be read. They are available from the
office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions
set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects, and encumbrances affecting title to the
land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is
desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or
Commitment should be requested.
Dated as of December 17, 1997 at 7:30 a.m.
ESCROW OFFICER: JIM A. NORRIS
ASSISTANT: MARIA GUTIERREZ
Page 1 EXHIBIT
Page CL-10f 7L
Ii
Order No. 432249
At the date hereof exceptions to coverage in addition to the printed exceptions and
exclusions contained in said policy form would be as follows:
1. General and Special Taxes for the fiscal year 1998-99, now a lien, amount not yet
ascertainable.
2. Second Installment General and Special Taxes for the fiscal year 1997-1998, in the
amount of $83.61.
Code Area: 066-004 A.P. No.: 078-280-060
3. The Lien of Supplemental Taxes assessed pursuant to Chapter 3.5, commencing with
Section 75 of the California Revenue and Taxation Code.
4. EASEMENT for drainage within any creek or stream traversing the herein described
property, together with the rights of the public in and to the waters and the use of such creeks
or streams, to the high water mark.
5. "WATER RIGHTS, CLAIMS OR TITLE TO WATER, whether or not shown by the
public records".
6. RIGHT OF WAY over the herein described property, as granted in Deed:
From: B. D. Weeks and Pacific Gas & Electric Company, a corporation
Dated: July 26, 1916
Recorded: August 23, 1916
Book/Reel 257 of Deeds at page/image 104, Records of San Mateo County, California.
Grants Right of Way for single line of poles and wires. Affects a strip of land along
a route as staked on the ground.
7. EASEMENT over the herein described property, as granted in Instrument:
From: Rena I. Fry, a single woman
To: Pacific Gas and Electric Company, a California corporation
Dated: July 31, 1933
Recorded: August 9, 1933
Document No.: . . 28542-C
Book/Reel 596 of Official Records at page/image 321, Records of San Mateo County,
California.
Grants Easement for a single line of poles and wires for the transmission and distribution
of electricity over the Southerly portion of the herein described property.
EXHIBIT" )q
Page 3 Page of
Order No. 432249
i
8. RIGHT OF WAY over the herein described property, as granted in Deed:
From: Rena I. Fry, a widow
To: Pacific Gas and Electric Company, a California corporation
Dated: November 29, 1952
Recorded: December 17, 1952
Book/Reel 2341 of Official Records at page/image 719, Records of San Mateo County,
California.
Grants Right of Way for to construct, maintain and use, together with right of ingress
and egress, for a line of towers, wires and cables for the transmission of electric energy.
Affects a strip of land 50 feet wide crossing the Southerly portion of the herein described
property.
9. EASEMENT over the herein described property, as granted in Deed:
From: Rena Fry
To: Josie K. Moore
Dated: June 1, 1942
Recorded: October 20, 1947
Book/Reel 1420 of Official Records at page/image 80, Records of San Mateo County,
California.
Grants Easement for water pipes and appurtenances.
Affects a portion of the herein described property.
10. EASEMENT over the herein described property, as granted in Deed:
From: Rena I. Fry, a widow
To: Pacific Gas and Electric Company, a California corporation
Dated: November 29, 1952
Recorded: December 17, 1952
Document No.: 49127-K
Book/Reel 2341 of Official Records at page/image 719, Records of San Mateo County,
California.
Grants Easement for towers, lines and appurtenances.
Affects a strip of land 50 feet wide across a portion of the herein described property.
TERMS AND CONDITIONS contained in an Agreement:
Executed by: James.L. Weaver and Dorothy J. Weaver, husband and wife
and between: Pacific Gas and Electric Company, a California corporation
P y� �
Dated: June 6, 1963
Recorded: July 9, 1963
Document No.: 13578-W
Book/Reel 4498 of Official Records at page/image 80, Records of San Mateo County,
California.
Purpose: to increase w r� ease tower line width to lei feet.
11. ANY FACTS, rights, interest or claims which a correct ALTA survey would disclose.
EXHIBIT
Page 4 page wof
Order No. 432249
NOTE: No report or examination has been made in connection with that certain "Notice
of Pendency of Statutory Adjudication-San Gregorio Creek Stream System", executed by The
State Water Resources Control Board and recorded March 27, 1989 under Recorder's Serial No.
89038390 of Official Records of San Mateo County. The policy being issued will not insure
against any loss by reason of such matters.
Decree of Determination of the Rights of the various claimants to the water of San Gregorio
Creek Stream System in San Mateo County; recorded February 18, 1993 as Document No.
93026619, of Official Records of San Mateo County, California.
Stipulation and Order correcting Decree recorded April 6, 1993 as Document No. 93053614 of
Official Records of San Mateo County, California.
Order Modifying Decree Re: Publication Requirements recorded June 10, 1993 as Document
No. 93095377 of Official Records of San Mateo County, California.
For more information, please contact:
Barbara Katz
State Water Resources Control Board
Office of Chief Council
P.O. Box 100
Sacramento, CA 95801
(916) 324-0941
NOTE: THE LAND herein described appears to constitute a "subdivision" of land within
the meaning of the Subdivision Map Act (Government Code 66410 et. seq.), or local ordinances.
We will require that a Certificate of Compliance (Government Code 66499.35), executed by the
County of San Mateo or a waiver as provided for in the Subdivision Map Act (Government Code
66428); or a Final Subdivision Map or Parcel Map be recorded in the office of the Recorder of
the County of San Mateo prior to issuing any policy of title insurance.
EXHIBIT
Page 5 Page�� o
Order No. 432249 r
INFORMATION NOTES:
A. Notwithstanding the exclusions from coverage as set forth under "Exclusions" any ALTA Residential
Owner's Policy issued by First American Title on the herein described land shall contain in Schedule B,
Part I, the following exception from coverage:
I
Any rights, interest, or claims of parties in possession of the land not shown by the public records.
Any easement or liens not shown by the public records. This does not limit the lien coverage in item 8
of covered title risks.
Any facts about the land which a correct survey would disclose and which are not shown by the public
records. This eliminates the forced removal coverage in item 12 of covered title risks.
Any water rights or claims or title to water in or under said land.
B. The City of San Mateo imposes a property transfer tax of 1/2 of 1% of total consideration.
C. Order Date: January 2, 1998
Short term rate date: None
D. LENDER'S SPECIAL INFORMATION
There have been no deeds recorded within the last two years prior to the date of this report, affecting the
herein described property.
Effective January 1, 1992 all notarial acknowledgment forms must comply substantially with the language
contained in California Civil Code Section 1189 entitled "General form of certificate of acknowledgment"
pursuant to Senate Bill 2251, Chapter 1070 of Statutes of 1990. Any documents executed on or after
January 1, 1992 and acknowledged in the State of California by a notary public containing other notarial
forms of acknowledgments may not be acceptable for recordation. First American Title will make the form
available upon request.
NOTE:
Before the transaction contemplated by this report can be closed, the seller must furnish a correct Taxpayer
Identification Number to us so that we can file an IRS form 1099, or its equivalent, with the Internal Revenue
Service. This procedure is required by Section 6045 of the Internal Revenue Code and the seller may be subject
to civil or criminal penalties for failing to furnish a correct Taxpayer Identification Number.
WARNING
"THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED
THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO
THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY
DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM
RELIANCE UPON THIS MAP".
EXHIS T
Page 6 Page of
I
Order No, 432249
40
NOTICE
Section 12413.1 of the California Insurance Code effective January 1, 1990, requires that any Title Insurance
Company, underwritten Title Company, or controlled Escrow Company handling funds in an escrow or sub-escrow
capacity, wait a specified number of days after depositing funds,before recording any documents in connection with
the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the
same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after
deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's
checks, or certified checks whenever possible.
If you have any questions about the effect of this new law, please contact your local First American Office for more
details.
NOTE: This report is subject to a cancellation charge as required by Sections 12404,et seq.,of the Insurance Code
of the State of California and Rule No. 2 of Department of Insurance Bulletin No. Ns. 35 E.
O.N.
MB/bl/p
EXHIBIT
--Afi
Page 7 P89�— �o
' Order No. 432249
� •� :�. �dEk !
C.
't
�c '1
NOTICE
In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to
withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of
California real property interest by either:
1. A seller who is an individual with a last known street address outside of California or when the
disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of 10
percent of the amount required to be withheld or five hundred dollars ($500.00).
However, notwithstanding any other provision included in the California statutes referenced above, no
buyer will be required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars
($100,000), OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a
resident of California, or if a corporation, has a permanent place of business in California, OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the
California real property being conveyed is the seller's principal residence (as defined in Section 1034 of
the Internal Revenue Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding
the withholding requirement.
The California statues referenced above include provisions which authorize the Franchise Tax Board to
grant reduced withholding and waivers from withholding on a case-by-case basis.
The parties to this transaction should seek an attorney's, accountant's, or other tax specialist's opinion
concerning the effect of this law on this transaction and should not act on any statements made or omitted
by the escrow or closing officer.
EXH1B T
Form No. 4001 (3192) Page 0f
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ASSESSORS MAP COUNrV OF SAN MArro,CALIF LAHONDA —PESCAD£RO UN/f/£D SCHOOL DISTRICT
i
Re
gfional Open
a
R-98-57 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-09
April 22, 1998
AGENDA ITEM . lb
AGENDA ITEM
Proposed Acquisition and Addition of Aitken Property to Russian Ridge Open Space 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 Aitken property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations
contained in this report, including naming the property as an addition to Russian Ridge
Open Space Preserve.
4. Indicate your intention to dedicate the property as public open space.
DESCRIPTION (see attached maul
The 44-acre Aitken property is part of a 50-acre parcel located west of Skyline Boulevard in
unincorporated San Mateo County (APN 078-210-140 and 078-210-050). The property being
acquired for open space is surrounded by the Russian Ridge Open Space Preserve on three
sides and offers panoramic views towards the coast. The Bay Area Ridge Trail is located
directly to the north and east. The property is a desirable addition to the preserve because it
will help protect important wildlife and watershed resources and scenic views from the Bay
Area Ridge Trail, and provide potential trail connections.
The triangular-shaped open space property is undeveloped, but within it is an approximately
6-acre developed inholding that is being retained under private ownership for residential use.
As part of the proposed acquisition, the District would acquire development restrictions over
the 6-acre private inholding. The open space property and private inholding are on the
southwest side of Skyline Boulevard approximately two miles north of Alpine Road and one-
quarter mile south of Mt. Melville. Mindego Hill is a short distance to the southwest. The
properties are bounded by Russian Ridge Open Space Preserve to the north, south, and east,
and private property to the west. A high voltage power line forms the north boundary.
�n Space Pron M
The landscape is moderately steep and predominantly oak woodland with patches of grassland
meadows. The slopes are generally west-facing with two picturesque hilltops located near the
330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200
FAX: 650-691-0485 - E-mail: mrosd@ol>enspace.org - Wei)site:www.openspace.org
_ -____
Board of Oirec'tor�.Pete Siemens,Mary C.Davey,ledCyr, David T.Smernoff, None tte Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton
R-98-57 Page 2
midpoint of the south boundary and southwest corner. The hilltop near the south boundary is
an attractive destination point where the oak woodland opens up and there is a panoramic view
of Mindego Hill and surrounding area. Grassland meadows are located along the north
boundary, and in the east and southwest corners of the property. The headwaters of Woodruff
Creek originate near the center of the property and flow in a northwest direction towards
Langley Hill and La Honda Creek. A dense riparian plant community is located along
Woodruff Creek.
Improvements within the property include roads and utilities, most of which serve the private
inholding. A partially surfaced driveway bisects the property in the north-south direction as it
descends from the ridge above Skyline Boulevard to private properties lying to the south of the
proposed addition. Near the south boundary, a second driveway branches from the main road
to connect to the private inholding. In addition to the driveway, other improvements on the
property include a well and windmill located east of the main driveway, a utility meter
adjacent to the driveway near the south boundary, and a spring site near the northwest corner
of the private inholding. The private inholding will retain easements to the road and utilities.
Private Inholding Parcel
The 6-acre private inholding is surrounded by the open space parcel and is also characterized
by moderately steep west-facing slopes comprised primarily of oak woodland and grasslands.
A residence, approximately 1,750 square feet in size, is nestled in the trees on a graded pad
near the center of the inholding. To the east of the residence is a fenced pasture and to the
north is a corral and dome structure. Other than the dome, the improvements are not easily
viewed from the existing open space preserve and Bay Area Ridge Trail. The acquisition of
the open space parcel will include development restrictions over the private inholding that will
ensure any future development of this parcel will be compatible with the surrounding open
space preserve.
Relationship to Open Space Master Plan
The property is rated in the District's Open Space Master Plan as having moderate composite
open space values and is important in terms of potential outdoor recreation, watershed
protection, wildlife habitat, and scenic backdrop as it relates to views from the surrounding
open space preserve.
USE AND MANAGEMENT PLAN
Planning Considerations
The property is in unincorporated San Mateo County and is zoned RM (Resource
Management). Zoning and preliminary planning efforts conducted by the seller have indicated
R-98-57 Page 3
there are three feasible building sites being acquired by the District on the open space parcel.
Under the current zoning, further development of the private inholding is limited to possible
expansion of the existing residence and construction of a second dwelling unit under current
zoning restrictions.
The property may offer potential trail extensions from the Bay Area Ridge Trail to the two
attractive hilltops in the southwest portion of the site. The driveway which bisects the
property could, in part, provide a route to these destinations. In the future, if public trails are
developed to the west or south of the property, the road could provide valuable trail
connections.
Development restrictions over the 6-acre private inholding will be monitored and, should
future development be proposed for the site, the owner is required to submit plans to the
District for prior review and approval. In summary, the Grant and Covenant of Restrictions
on the 6-acre private inholding prohibit subdivision, restrict grading, tree cutting, exterior
lighting, and replacement of existing structures, and limit the size and bulk of additions to the
main residence, new accessory buildings and second dwelling unit. If a second dwelling unit
is developed, the dome structure must be removed.
Preliminary Use and Management Plan Recommendations
The preliminary use and management plan will take effect at the close of escrow.
Improvements are limited to the installation of preserve boundary signs and the property will
remain in a natural condition. Any differing future land use decisions would occur in
compliance with the Open Space Use and Management Planning Process.
Public Access: Designate Conservation Management Zone: public access will not be
encouraged.
I
Trail Designation: No trails or roads are designated for trail use.
Patrol: Regular patrol will be provided and road will be maintained for patrol
purposes.
Dedication: Indicate your intention to dedicate the property as public open space.
Name: Name the property as an addition to Russian Ridge Open Space Preserve.
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.
R-98-57 Page 4
CF.QA Compl_ianCe
project Description
The project consists of the acquisition of a 44-acre parcel of land as an addition to Russian
Ridge Open Space Preserve and the concurrent adoption of a Preliminary Use and
Management Plan for the addition. In addition, development restrictions are being acquired
over the adjacent 6-acre private inholding to ensure that future development will be compatible
with the surrounding open space preserve. Ultimately, plans for the property will be included
in the comprehensive use and management plan for the adjacent preserve. Under any plan, the
land will be permanently preserved as open space, and maintained in a natural condition.
CQA 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 15316, 15317, 15325 and 15061 as follows:
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural
condition and the management plan proposes to keep the area in a natural condition. The site
is in a natural condition and the use and management plan specifies the land will not be
developed and will remain in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space
character of an area. This District will accept fee interests in the property and maintain the
open space character of the area.
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.
This acquisition qualifies under all three 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.
TERMS & CONDITIONS
This is a bargain sale transaction, which includes acquisition of approximately 44 acres of
land with a San Mateo County calculated density of three residential sites. The purchase price
for the subject property is $750,000 which is substantially below the appraised value
determined by a jointly commissioned appraisal by the sellers and District. As part of this
acquisition, the District is acquiring a development restriction over the 6-acre inholding for an
additional $25,000. The total District purchase price of this transaction is $775,000, which is
payable in cash at the close of escrow.
R-98-57 Page 5
This transaction is a three-party agreement between the sellers, District, and the buyers of the
residential inholding. The parties have agreed to reconfigure the open space parcel and home
site whereby the District obtains fee ownership to the access road and ridgeline on the south
boundary of the open space parcel. This ridgeline and road provide for a potential future trail
corridor. As part of the reconfiguration of parcels, the residential inholding will increase from
approximately 4.5 acres to 6 acres. To achieve this reconfiguration, the three parties are
sharing equally in the cost of a survey. The District's portion of the survey costs are estimated
at $3,500.
In addition to the parcel reconfiguration, a recorded Grant and Covenant of Restrictions over
the residential inholding is a condition of this transaction. The development restriction will
limit the number, size, height and location of improvements on this site. The District will also
have design review and approval over the development of any improvements. The buyers of
the residential inholding will grant these restrictions at the close of escrow.
BUDGET CONSIDERATIONS
1998/1999 Budget for I-and Acquisition
New Land $11,303,000
Aitken Acquisition proposed on this agenda (775,000)
Weaver Acquisition also proposed on this agenda (50,000)
Acquisition Budget Remaining S10,478,000
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 Russian Ridge Open Space Preserve for
potential outdoor recreation, protection of watershed, wildlife habitat and scenic backdrop.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices of this proposed acquisition.
Prepared by:
Del Woods, Senior Management Specialist
Michael C. Williams, Real Property Representative
Contact person:
Michael C. Williams, Real Property Representative
RUSSIAN R- GE OPEN SPACEWRESERVE
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EXHIBIT A: SITE MAP 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0
One Mile
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATES OF ACCEPTANCE OF GRANT TO
DISTRICT AND GRANT AND COVENANT OF
RESTRICTIONS, AND AUTHORIZING GENERAL
MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY OR APPROPRIATE TO
CLOSING OF THE TRANSACTION (RUSSIAN RIDGE OPEN
SPACE PRESERVE - LANDS OF AITKEN, ET AL.)
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
Donald W. Aitken Jr., et al., and William P. and Marion H. Kennedy, husband and wife, 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 Certificates 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
$10,000 to cover the cost of title insurance, escrow fees, survey and other miscellaneous costs
related to this transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the
District's general fund will be reimbursed in the amount of$775,000 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 the 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 the District. The Board of
Directors hereby declares the District's official intent to use proceeds of indebtedness to
reimburse itself for this open space land acquisition project expenditure.
'; ,:ice
Meeting 98-09 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April 22, 1998
AGENDA ITEM 2
AGENDA ITEM
Approval of Lease Holdover Agreement with Heritage Communications Inc. (TCI), Black
Mountain, Monte Bello and Rancho San Antonio Open Space Preserves
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute the attached Lease Holdover Agreement with
Heritage (TCI) for the communication facility on Black Mountain, Monte Bello and Rancho
San Antonio Open Space Preserves.
DISCUSSION
In May 1983, the District entered into a five year Ground Lease for Communications
Structures with Gill Industries, (which later became Heritage Communications Inc.) (TCI),
with four additional five-year term options in conformance with Public Resources Code,
Section 5563 (see memorandum M-83-50). In February of 1998, Heritage (TCI) notified the
District that they would not be renewing their fourth five-year lease term. Their current lease
term expired on March 31, 1998. Heritage (TCI) informed the District that they had not used
the site for their own purposes over the last four years, but their subtenants have continued to
use the site. Because several of the subtenant leases expire in April and May, Heritage (TCI)
requested a two month holdover of their communications lease to coincide with their subtenant
leases.
Tease Holdover Agreement
District staff and representatives from Heritage (TCI) agreed on a two month holdover
agreement which will expire on May 31, 1998. The terms and conditions of the holdover
agreement are as follows:
1) Heritage (TCI) will continue to pay a base rent of$6,445.05 plus 25% of gross
rents from their subtenants.
2) During the holdover tenancy, Heritage (TCI) will be responsible for removing the
microwave receiving antennas, and the accompanying electrical lines and poles in the
canyon west of the building and tower site, thereby restoring these areas to a natural
condition. These facilities are no longer in use and are visible from surrounding
District land. Heritage (TCI) will also remove the damaged communications tower at
the main building site.
3:30 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200
FAX: 650-691-0485 E-mail: mrostlr#openspace.org - Web site:www.ol)enst)ace.org
Board of Directors.Pete Siemens,Mary C. Davey,Jed Cyr, David 1.Smernoff,Nanette Hanko, Betsy Crowder,Kenneth C.Nitz - General Manager:L_Craig Britton
R-98-52 Page 2
3) District will have until August 31, 1998 to determine whether to re-lease the
building and tower site or have Heritage (TCI) complete cleanup and restoration of the
entire site.
4) If District decides to continue to re-lease the site, Heritage (TCI) will make a road
maintenance payment fee of$3,000 in lieu of the site restoration obligation.
5) District may continue to lease the site to the remaining subtenants, on a month-to-
month basis after the expiration of the holdover agreement.
Staff supports the proposed Lease Holdover Agreement because the District receives rent while
a portion of the site is being restored. This Agreement also allows the District additional time
to evaluate and assess the future income potential of this site before making a decision to re-
lease the site or have the site cleaned up and restored to a natural condition.
USE AND MANAGEMENT
The District adopted a communications policy for the existing facilities at Black Mountain on
December 8, 1982 (see memorandum M-82-119 dated November 19, 1982). Policies for the
Black Mountain Communications Facilities state that new lease renewals will be considered on
a case by case basis. Since a continued use of existing communication facilities is proposed,
the Lease Holdover Agreement is in compliance with the objectives of this policy.
CEQA COMPLIANCE
eject Description
The project consists of the demolition, removal and cleanup of communications facilities from
District land. This project will restore improved land to a natural condition.
CEQA Determination
The District concludes that this project will not have a significant impact on the environment.
It is categorically exempt from CEQA (the California Environmental Quality Act) under
Article 19, Sections 15301 and 15304.
Section 15301(1)(3) exempts for minor alterations of existing facilities including demolition
and removal of small commercial structures.
Section 15304 exempts for minor alterations of land. The removal of these communications
facilities and restoration of the site meets this criteria.
R-98-52 Page 3
This project qualifies under these two sections. Moreover, Heritage (TCl) is responsible for
obtaining permits from the City of Palo Alto for cleanup and removal of all improvements and
facilities on the lease site. The City of Palo Alto would be considered the lead agency
responsible for this cleanup project.
Prepared by:
Michael C. Williams, Real Property Representative
Contact person:
Same
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EXHIBIT A: LOCATION MAP
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April 1, 1998
Mr. Gary Nelson
Director of Engineering for South Bay
Heritage Communications, Inc.
3450 Garrett Drive
Santa Clara, CA 95054
Subject: Heritage Communications Inc. (TCI) - Lease Holdover Agreement, Black Mountain,
Monte Bello and Rancho San Antonio Open Space Preserve
Dear Gary:
Since Heritage (TCI) proposes to end its Communications Lease at Black Mountain, but needs additional
time to complete its move and cleanup, the District consents to a holdover tenancy for Heritage (TCI)
and its subtenants at Black Mountain beyond the expiration date of March 31, 1998. The District will
agree to a temporary month to month holdover with Heritage (TCI) for two (2) months from April 1,
1998 through May 31, 1998. During this holdover period, the monthly base rent will continue at
$6,445.05 plus 25% of the gross rents of from your subtenants. This holdover agreement is subject to
the terms and conditions set forth below, as follows:
1. Holdover:
The District consents to tenants term of a month-to-month holdover not to exceed two (2) months
from April 1, 1998 through May 31, 1998. This term shall expire and terminate effective May
31, 1998.
2. Base Rent and Percentage of Gross Rents during Holdover:
The base rent will continue at $6,445.05 per month payable in advance from April 1, 1998
through May 31, 1998. In addition, the District shall receive 25% of the gross rents of from
your subtenants as specified in Section 1 of the Consent to Sublease dated March 13, 1986.
3. Removal of Microwave Receiving Facility, Utility Lines &Damaged Tower:
Heritage(TCI) is responsible for removing the following items: the microwave receiving facility
(two microwave dish antennas) located in the canyon west of the building and tower site, the
accompanying electrical lines and poles running from the building and tower site to the
microwave receiving facility, thereby restoring these areas to a natural condition in accordance
with Section 20 of that certain Ground Lease for Communications Structures dated May 11,
1983. At the building and tower site, Heritage (TCI) is responsible for removing the damaged
communications tower which partially collapsed this winter on or before June 30, 1998. The
triangular freestanding microwave tower shall not be removed at this time.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200
FAX: 650-691-0485 • 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
Mr. Gary Nelson
April 1, 1998
Page 2
4. Clean up of Remainder Communications facilities from Lease Area:
As we discussed, the District will need an additional three months from June 1, 1998 through
August 31, 1998 to determine whether to re-lease the building and tower site or have Heritage
(TCI) complete the cleanup and removal of the remaining facilities and improvements (tower,
building, fencing etc.) in accordance with Section 20 of our Ground Lease for Communications
Structures dated May 11, 1983. The District will send written notification to Heritage (TCI) of
its intention to either re-lease the site or have Heritage (TCI) complete the site cleanup
responsibilities. This written notification will be delivered to Heritage (TCI) on or before August
31, 1998.
If the District decides to re-lease this site to a new communications tenant, Heritage (TCI)
obligation to remove and clean up the remaining building and tower site will terminate.
However, if the clean-up is not necessary, in lieu of these site clean up obligations, Heritage
(TCI) agrees to make a road maintenance payment of$3,000.00 to the District on or before
September 10, 1998.
5. Subtenant Holdover:
After the expiration of the holdover tenancy on May 31, 1998, District may choose to continue to
lease the site on a month-to-month basis to the existing subtenants until such time as a new master
tenant is chosen for this site or the site is restored to a natural condition as specified in item 4
above.
All other terms and conditions of your original Lease with the District dated May 11, 1983 remain in
effect and unmodified.
This Lease Holdover Agreement is subject to the approval by the Midpeninsula Regional Open Space
District's Board of Directors at their meeting of April 22, 1998.
Please indicate your agreement to this Lease Amendment by signing, and returning an original signed
copy of this letter to me.
Sincerely,
I
Michael C. Williams
Real Property Representative
I
Mr. Gary Nelson
April 1, 1998
Page 3
Lease Holdover provisions are hereby understood and agreed:
LESSEE:
Heritage Communications Inc., (TCI)
Gary (Ison, Director of Engineering Date
South Bay
LESSORt -
MID7NINSbULA REGIONAL OPEN SPACE DISTRICT
L. Craig Briton, General Manager Date
he? gional Open ace
R-98-53 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-09
April 22, 1998
AGENDA ITEM 3
AGENDA ITEM
Authorization to Solicit Bids for Schilling Lake Spillway Repair Project, Thornewood Open
Space Preserve
GENERAL MANAGER'S RECOMMENDATION
Authorize staff to solicit bids for construction of the Schilling Lake Spillway Repair Project.
DISCUSSION
At your regular meeting on May 8, 1996, you authorized the preparation of construction
documents for repair of the damaged spillway at Schilling Lake, a small reservoir at
Thomewood Open Space Preserve (see attached map). At that time you also found the project
to be categorically exempt from the California Environmental Quality Act (CEQA) (see report
R-96-56).
At your January 28, 1998 regular meeting you authorized a budget of$35,000 for consulting
services by Cotton Shires Geotechnical Engineers to complete construction documents for the
repair project (see report R-98-15). Additionally, $63,000 was included in the 1998-1999
fiscal year budget for the project. Subsequently, the engineers have completed the plans and
the preliminary construction cost estimate, which totals approximately $80,000. This does not
include costs for permits from the town of Woodside or consultant services during the
construction period for inspections and testing. These items are likely to be in the range of
$6,000 to $8,000.
This project is considered critical in the proposed 1998-1999 Work Program because of the
remote chance of failure of the dam if the spillway collapses. The project consists of
removing the existing landslide that is pushing over a portion of the spillway wall and
replacing the soil in an engineered fill with surface and subsurface drains. The rotted wood
retaining walls at the top of the spillway would be removed and the slope laid back at a 2:1
horizontal to vertical ratio. The existing rusted-out steel culvert below the spillway would be
replaced or relined. The construction requires the removal of two large non-native (to the site)
Monterey pines, one of which is leaning and threatening the spillway, as well as an 8 inch
redwood, a 14 inch redwood, a 6 inch oak, a 10 inch oak, and a 9 inch madrone. This tree
removal is in a location below the trail that is not highly visible. The site will be revegetated
with 12 five-gallon native trees, and seeded with a native erosion control mix.
Staff proposes to solicit bids for the project and return to the Board for a final decision on
whether to award a contract, tentatively at the May 27, 1998 meeting.
Prepared by: Randy Anderson, Senior Planner
Contact person: same as above
330 Distel Circle o Los Altos, CA 94022-1404 - Phone:650-691-1200
FAX: 650-691-0485 E-mail:nirosd@openspace.org - Web site:www.openspace.org
Board of 0irectors:Pete Siemens,Mary C.Davey,Jed Cyr, David-1.Smernoff, Nanette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L Craig Britton
` N
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Thornewood Open Space Preserve
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Regional Open ace
1
R-98-54 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-09
April 22, 1998
AGENDA ITEM_
AGENDA ITEM
Permit to Enter and Agreement for Wetland Restoration, Ravenswood Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the proposed actions are categorically exempt under the California
Environmental Quality Act (CEQA) based on the findings contained in this report.
2. Authorize the General Manager to execute the attached Permit to Enter allowing
Rhone-Poulenc, Inc. access to the Ravenswood Open Space Preserve for the purpose of
restoring tidal action to the salt pond area.
DISCUSSION
Rhone-Poulenc is a chemical manufacturing company that, through a chain of ownership,
became responsible for cleaning up toxic contamination in East Palo Alto near the District's
Ravenswood Open Space Preserve. Although Rhone-Poulenc did not cause any of the
contamination in question, they purchased a company that owned land that had earlier been
contaminated by others. Rhone-Poulenc is being held accountable by the Regional Water
Quality Control Board and the U.S. Environmental Protection Agency (EPA) for this work.
Rhone-Poulenc was previously granted a permit to enter District land to install a storm drain in
the Ravenswood Preserve per a request from the Water Quality Control Board and the City of
East Palo Alto (see report R-95-110). In 1996 a permit to enter was issued to the EPA to
conduct soil testing in the Preserve (see report R-96-59). In 1997 a permit to enter was issued
to Rhone-Poulenc for soil testing in the nearby Ravenswood Drill railroad right-of-way, over
which the District owns an easement (see report R-97-125).
Part of Rhone-Poulenc's mitigation responsibility is for mitigation of loss of habitat and
function on 3.34 acres of non-tidal wetlands. In lieu of non-tidal wetlands, Rhone-Poulenc has
proposed, and the federal agencies have accepted, a plan to restore tidal wetlands in the
Ravenswood preserve to provide this credit (originally, Rhone-Poulenc had presented a
conceptual proposal to the District to sell credit for mitigation it created beyond its own needs,
however this idea is no longer a part of the proposal). Rhone-Poulenc's consultants have
studied the drainage patterns of the former salt pond on the north side of Bay Road and have
determined appropriate locations, widths, and depths to breach the levee to restore tidal action
to the original channels. (The work is described in detail in reports that are available at the
District office for public inspection). This will allow natural tidal action, leaching of excess
salt from the soil, and the associated vegetation and animal life to re-establish as quickly as
possible.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • 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-98-54 Page 2
During recent winter storms, the levee around the pond was breached near the southern end at
an existing culvert. Although the object of the restoration is to breach the levee, breaching in
this location is counter-productive to re-establishing the original channel flows. Therefore,
.Rhone-Poulenc proposes to repair the existing levee breach and create two new levee breaches.
This will involve installation of a temporary sheet piling wall on the outboard side of the
levee, and replacement of the existing culvert. This work will be done from a barge, so land-
based access will not be required. This work is anticipated to take place during Summer,
1998. Due to the extensive process required for federal, state, and local level permits, the
remainder of the wetland restoration project is not expected to take place until Summer, 1999.
The objectives and scope of work are described in the attached summary prepared by project
consultants Geomatrix and Jenkins, Sanders and Associates. A five year monitoring program
is included.
Rhone-Poulenc estimates that its total costs for consultant studies, plans and permits,
earthwork, and monitoring for the project will be approximately $250,000. Permits will be
required from the U.S. Army Corps of Engineers, the S.F. Bay Conservation and
Development Commission, and the City of Menlo Park. Each of these permits will require its
own CEQA or NEPA (National Environmental Policy Act) documentation. In light of the
high cost of the project, staff recommends that the benefit to the environment be considered
adequate compensation for Rhone-Poulenc being granted the right to use the preserve for
wetland mitigation credit.
CEQA Comp i nce
PWject Description
The project consists of the restoration of tidal action to a former salt marsh area on San
Francisco Bay which had been used as a diked evaporation pond for production of salt for
approximately 100 years. The area has been owned by the Midpeninsula Open Space District
and protected as habitat since 1980, during which time tidal flooding has occurred through
culverts. The project will restore natural tidal action by breaching the levees in the original
location of natural tidal channels. The area involved covers approximately 148 acres and is
located in the City of Menlo Park, County of San Mateo, approximately one mile south of the
west end of the Dumbarton Bridge (Highway 84).
CEQA Findings
The District concludes that the project will not have a significant effect on the environment. It
is categorically exempt from the California Environmental Quality Act (CEQA) under Sections
15301, 15304, and 15307 of the Act.
R-98-54 Page 3
Section 15301 exempts the maintenance or minor alterations of topographic features involving
no expansion of use.
Section 15304 exempts minor public or private alterations in the condition of land, water,
and/or vegetation which do not involve removal of mature, scenic trees.
Section 15307 exempts actions taken by regulatory agencies as authorized by state law or local
ordinance to assure the maintenance, restoration, or enhancement of a natural resource where
the regulatory process involves procedures for the protection of the environment.
Prepared by:
Randy Anderson, Senior Planner
Contact person:
Same as above
L t
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24,
SITE MAP
Proposed Restoration Plan
GEOMATRIX Cooley Landing Salt Pond
East • Alto, California1
•••
PERAM TO INTER
This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a
California Public District (hereinafter "District"), and Rhone-Poulenc, Inc., a New York
Corporation, its officers, directors, shareholders, agents, employees, contractors,
predecessors, successors, assigns, purchasers, and subsidiaries (hereinafter "RP").
The parties hereby agree as follows:
1.0 PROPERTY
District grants RP a Permit to Enter its lands known as the Ravenswood Open Space Preserve,
former salt pond area, located north of Bay Road and south of the former Southern Pacific
Railroad right-of-way in the City of Menlo Park, San Mateo County, California, as illustrated
in Figure 1, attached hereto and incorporated by this reference (hereinafter "Property") for the
purpose and subject to the conditions set forth below.
2.0 PURPOSE
This Permit to Enter is for the sole purpose of modifying the existing former salt pond levees
to restore natural tidal action and salt marsh vegetation, and associated monitoring activities.
3.0 PERMIT CONDITIONS
The wetland restoration work shall be subject to the following permit conditions:
a. The restoration work shall be completed in conformance with the attached
"Restoration Plan for the Cooley Landing Salt Pond", dated June 18, 1996 by
Geomatrix Consultants, Inc., and Jenkins, Sanders, & Associates, and the
"Summary of the Proposed Cooley Landing Salt Pond Restoration", dated
February 25, 1998, which are attached hereto and incorporated by this
reference.
b. Prior to initiating work, RP will provide to the District copies of all applicable
permits from other agencies.
C. Right of entry is limited to RP and its officers, directors, employees,
consultants, or contractors.
d. RP may bring onto the Property only such persons, vehicles, and equipment as
are reasonably necessary for the installation, maintenance or monitoring of the
Project.
e. RP shall limit its activities on the Property to the area depicted on Figure 1 and
may not conduct activities outside this area without the additional written
approval of the District.
Page 2
f. Other than specific modifications for the wetland restoration, RP will leave the
site in a condition equal to or better than that which was originally found.
9- RP agrees to directly make available to District all plans, reports, permits, and
monitoring results affecting the wetland restoration activities.
h. RP agrees to provide a minimum of five working days notice to District staff
prior to initiating or completing any separate phase of the project: Contact
Randy Anderson, Senior Planner or his designated representative.
4.0 TERM
This Permit shall issue and shall continue in effect unless and until terminated by mutual
consent of the parties. Access to the Property for the purposes of levee repair or modification
shall commence on June 1, 1998 and end April 1, 2000, provided however, that the period for
access may be extended for up to ninety (90) additional days upon written permission of the
District. Access for post-project monitoring shall be granted for a period of five (5) years
following completion of project. RP shall give five (5) days notice to District before
commencing each monitoring activity.
5.0 NOTICE
Any notice or notices required or permitted to be given pursuant to this permit to enter may be
personally served on the other party by the party giving such notice, or may be served by U.S.
mail to the following address:
DISTRICT: Midpeninsula Regional Open Space District
330 Distel. Circle
Los Altos, CA 94022
Attention: L. Craig Britton, General Manager
(650) 691-1200
(650) 691-0485 (FAX)
RP: Rhone-Poulenc, Inc. CC: Michael Rafferty
Attention: Robert L. Ferguson Project Manager, Geomatrix
Manager, HS&EA 100 Pine St., 10th Floor
P. O. Box 12014 San Francisco, CA 94111
Research Triangle Park, NC 27709 (415) 434-9400
(919) 549-2571 (415) 434-1365
(919) 549-2300 (FAX)
6.0 DAMAGE AND LL4,1111LITY
Page 3
RP agrees that the use of equipment and tools on the Property shall be done with all
reasonable care, diligence, and precautions to avoid damage to the land, property, or personnel
of the District or to the public.
RP agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors,
agents, and employees from any and all claims, losses, damages, demands, liabilities, suits,
costs, expenses (including all reasonable attorney's fees), penalties, judgements, or obligations
whatsoever in connection with any injury, death, or damage to any person or property or
pecuniary or monetary loss that results from, arises out of, or in any way relates to the
activities of the RP under this Permit, both on and off the Project.
RP hereby waives all claims and recourse against the District, including the right of
contribution for loss or damage to property, and releases the District from liability to the
extent such claims and liability were not caused by the negligence of the District and provided
such claims are related to RP's activities under this Permit or RP's use of the project site,
premises, or facilities under this Permit.
RP and its contractors and subcontractors shall have sole responsibility for the safeguarding of
their equipment, property, and personnel (i.e., employees, agents, officers) from any and all
injury, death, or damage as a result of this Project.
RP shall be responsible for any and all personal injury and property damage on the Property
caused by its acts or omissions as a result of the construction work, and shall indemnify
District against any and all claims, liabilities, or losses, including attorneys fees, on account
thereof.
7. HAZARDOUS SUBSTANCES INDEMNIFICATION
RP shall indemnify, defend, and hold harmless District from and against any legal or
administrative proceedings brought against District, and all claims, liabilities, losses, damages,
and costs, foreseen and unforeseen, including without limitation, attorney, engineering, and
other professional or expert fees, due to the existence of any hazardous substance of any kind
on or in the Property, when the existence of such hazardous substance arises out of, is
attributable to or is caused by any activities, acts or omissions by RP, either off-site or on-site,
or arises out of, is attributable to, is caused by or emanates from any real or personal property
owned by RP.
RP shall be responsible for responding to and complying with any administrative notice, order,
request, or demand, or any third party claim or demand due to potential or actual hazardous
substance contamination on the Property, including any and all costs of remediation and
cleanup, when the existence of such hazardous substance contamination arises out of, is
attributable to, or is caused by any activities, acts, or omissions of RP, either on-site or off-
site, or arises out of, is attributable to, is caused by or emanates from any real or personal
property owned by RP. District shall provide prompt written notice to RP of its receipt of any
Page 4
such claims or orders.
As used herein, "hazardous substance" means any substance the placement, storage or removal
of which is prohibited or regulated by federal, state, or local law, on account of its toxicity,
flammability, or corrosiveness, including, without limitation, PCB's, benzene, asbestos,
arsenic, lead, cadmium, selenium, and mercury.
8. INSURANCE
Throughout the term of this agreement, RP, at its sole cost and expense, shall maintain in full
force and effect comprehensive automobile and general liability insurance covering bodily and
personal injury and property damage. Limits shall be not less than $1,000,000 per occurrence.
This permit is not valid without RP's insurance in effect as shown on the attached Certificate
of Insurance, which is made a part of this permit. The policy shall name the District as an
additional insured.
Throughout the term of this agreement, RP, at its sole cost and expense, shall maintain in full
force and effect a policy of Worker's Compensation Insurance covering all its employees as
required by law.
The above Permit to Enter has been read and understood and is hereby agreed to and accepted.
RHONE-POULENC, INC.
By Date
Rhone-Poulenc, Inc.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By: Date:
L. Craig Britton, General Manager
Attest:
Deirdre Dolan, District Clerk
Approved as to form:
Susan Schectman, District Legal Counsel
i
f
A SUMMARY OF THE PROPOSED COOLEY
LANDING SALT POND RESTORATION
1990 Bay Road Site
East Palo Alto, California
25 February 1998
Project No. 1220E
SUMMARY OF THE PROPOSED COOLEY LANDING SALT POND
RESTORATION
East Palo Alto, California
25 February 1998
INTRODUCTION
The 1994 Regional Water Quality Control Board (RWQCB) Order SCR 94-042 directs
Rh6ne-Poulenc Inc. (Rh6ne-Poulenc)to mitigate for the loss of habitat and values of 3.34
acres of wetlands. The Order specifies that mitigation must take the form of wetland
creation, enhancement, or restoration at a ratio of three acres of wetland for every acre
eliminated. A plan to fulfill Order requirements was submitted to the RWQCB in June 1996.
The plan proposed restoration of the Cooley Landing Salt Pond (the Pond), which is part of
the Ravenswood Open Space Preserve in East Palo Alto. Background information on the
Pond was provided in the June 1996 Plan (Attached).
This summary provides additional information obtained since 1996, and presents
improvements to the 1996 plan. This summary will serve as the basis for discussion at the
11 March 1998 inter-agency meeting. Once comments and guidance have been received
from the agencies, a detailed plan, with supporting documentation and calculations, will be
submitted as part of a U.S. Army Corps of Engineers (Corps) Permit application for review.
PROJECT GOALS
The goals of the restoration are to undertake activities that will:
• enhance natural processes to re-establish the Pond as a tidal marsh;
• enhance lost habitat functions and values for a number of wildlife species,
particularly the endangered California clapper rail (Rallus longirostris) and the
salt marsh harvest mouse (Reithrodontomys raviventirs);
0 optimize tidal marsh development for wildlife habitat by encouraging re-
establishment of historical slough morphology;
• create a link between the tidal marsh habitats to the south, north and west,
resulting in a series of adjacent marshes that could support several populations of
endangered and other wildlife species; and
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• provide information for future restoration projects around the San Francisco Bay,
specifically, the value of re-establishing the tidal channel network.
The methods by which each of these goals will be met include the following:
• As per the 1996 plan,two breaches in the outboard levee will be constructed.
The locations and geometry of the proposed breaches, shown on the attached
Figure 1, have been selected based on historical slough morphology and on
evaluation of tidal circulation. Constructing the two breaches will allow full tidal
action within the pond area, and encourage tidal circulation through historical
slough channels.
• To further enhance the development of tidal circulation through historical slough
channels,the 1996 plan has been modified to include the construction of berms
along two historical channels (in alignment with the two breaches)and partially
filling the borrow ditch that borders the outboard levee. This improvement to the
1996 plan will help prevent the borrow ditch from becoming the dominant slough
channel and will encourage the historical channels to become deeply incised,
thereby facilitating development of habitat supportive of the California clapper
rail.
• Once the tidal circulation has been re-established, natural sedimentation
processes are expected to raise the elevation of the tidal marsh, and within
several years, elevations conducive to cordgrass (Spartina foliosa)and
pickleweed (Salicornia virginica) growth will have been reached.
• There are small, non-contiguous wetlands located to the north and west of the
Pond, and a larger tract of wetlands located to the south (the Laumeister tract).
Restoring the Pond will link these wetlands, and help reduce the fragmentation of
habitat that has contributed to species endangerment around the San Francisco
Bay. In particular, the Laumeister tract to the south is thought to provide good
quality habitat for the California clapper rail and salt marsh harvest mouse, and
therefore restoring the Pond likely will increase the available habitat for these
endangered species.
• The restoration plan includes unique features compared to other restoration
projects that have been completed around the San Francisco Bay, such as
encouraging the establishment of historical slough channels and controlling the
influence of the borrow ditch on tidal circulation. As a result, the proposed plan
provides an opportunity to study new approaches to restoration. The plan
includes a 5-year monitoring period in which the effectiveness of restoration
activities can be measured.
\\if1ldcptdnta`.W1'Dc s',1220'drbsum.doc
CURRENT CONDITION OF THE LEVEE
During the recent storm events in early February, the outboard levee over-topped in the
vicinity of the existing culvert structure (Figure 1),causing a partial breach of the levee. The
over-topping eroded a notch in the levee crest several feet deep, which now allows water to
flow into the pond at high tide through the notch. To facilitate effective restoration of the
Pond, the current plan proposes to temporarily repair the partial breach. Without the repair,
the notch likely will continue to erode, and the borrow ditch may deepen significantly
because of the increased water flow. This uncontrolled tidal circulation would be
detrimental to the restoration, as it would further establish the borrow ditch as the dominant
slough, and reduce the effectiveness of natural processes that otherwise would help establish
intertidal slough morphology and increase sedimentation within the marsh. A condition
similar to the nearby Faber Tract could develop, where the borrow ditch became the primary
slough. As a result, the Faber Tract has not developed the historical deeply-incised, lower-
order sloughs favored by the clapper rail.
ALTERNATIVES ANALYSIS AND PROPOSED RESTORATION
Rh6ne-Poulenc has evaluated several alternatives that may be used to achieve the project
goals. The primary criteria used for the evaluation were:
* Potential for development of favorable habitat for flora and fauna;
* Ability to encourage development of the historic slough system;
+ Cost of implementation;
* Construction feasibility;
+ Cut-fill balance; and
+ Degree of environmental disturbance.
Various combinations of breaches, methods to encourage tidal circulation through historical
channels, methods to inhibit the borrow ditch from becoming the primary slough, and full or
partial removal of the levee, were considered. Of these combinations, the following plan
was considered to have the greatest potential for success:
\V-I Wepidata"WI'Docs,I 2201ebsum.doc
f
Repairing the recent breach to prevent further scouring of the borrow ditch before restoration
can proceed, and to control tidal flow during restoration activities (using this location for one
of the two proposed breaches was not considered optimal for the restoration due to the
difficulty with building flow control berms in the broad and deep depression inboard of the
breach).
l. Breaching the levee at two locations corresponding to the approximate location of the
two northern historic slough channels. Final design of the breaches will account for the
necessary cross-sectional areas to allow for full tidal inundation of the Pond. Shallow
channels also will be excavated a short distance outboard of the levee, through existing
cordgrass, to allow development of outboard channels.
2. Constructing flow control berms alongside the two historical slough channels within the
Pond area using material generated from the levee breach.
3. Partially filling the borrow ditch to block tidal circulation. Material used would be
generated from the levee. The number and locations of these filled areas will be
determined as part of final design efforts. At a minimum, the ditch will be filled on both
sides of each of the two breaches.
4. The construction of berms will direct the incoming tide into the historical channels and
encourage their development. Flow also will be directed toward the back of the Pond,
which will enhance sedimentation and therefore the introduction of vegetation in these
areas. Isolating the borrow ditch from direct tidal action will cause it to be an area of
deposition while the marsh is developing, and will lessen the area of open channel
relative to marsh plain.
5. A sediment sampling and analysis program will be conducted using Corps dredged
material disposal evaluation methods to evaluate sediment from those areas below the
mean high tide elevation that will be excavated and placed as berm material.
6. A five-year monitoring program will be implemented to track tidal marsh development.
Criteria by which to measure development have been identified as part of the June 1996
%\sf-I\dcptdata\W I'1Xwsi 122GVfc bsum.dcx 4
restoration plan. Key monitoring parameters include observation of rates of siltation,
types and distribution of vegetation and a qualitative assessment of habitat utilization by
animals and birds.
Alternatives that included removing large portions of the levee partially or entirely were not
considered feasible due to the high cost. Additionally, there is benefit associated with
leaving the levee in place as it will provide some protection to the wetland from tidal action
while flora and fauna communities are establishing themselves. The final plan may include
lowering the elevation of portions of the levee by several feet in places to generate sufficient
fill to build the flow control berms and to fill portions of the borrow ditch.
ADDITIONAL INFORMATION OBTAINED SINCE 1996
Philip Williams and Associates (PWA) developed estimates of the suspended sediment
concentrations and sedimentation rates that will develop in the Pond as a result of the
restoration. They estimated that suspended sediment concentrations likely will range from
450 milligrams per liter(mg/1)to 1800 mg/l. Natural sedimentation would occur at a rate in
which cordgrass and pickleweed could be established within several years in areas currently
too low to support this vegetation. PWA estimates that the average marsh surface would be
raised by one to two feet once sedimentation processes are re-established.
H. T. Harvey & Associates (Harvey) measured sediment salinity levels at the site. Results
indicated that sediment salinity levels are only moderately elevated (between 50 and 100
parts per thousand) compared to naturally occurring levels expected for a salt marsh. Once
full tidal inundation is re-established in the Pond area, surface sediment salinity is expected
to quickly reduce to levels optimal for wetland vegetation growth.
Harvey also conducted a survey to identify current habitats within the Pond. There are
approximately 2.3 acres of upland in the southwest corner, and ickleweed habitat has
PP Y P P
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developed recently along the base of the western levee. The majority of the Pond interior is
a former salt pond that provides loafing and foraging habitat for shorebirds during high tide.
These birds forage on the outboard mudflats at low tide. A broken flap gate provides some
muted tidal action to the site. That muted tidal action has been increased at high tide by a
recent partial levee breach.
Extensive studies of the adjacent Laurneister Tract tidal marsh (not part of this proposed
restoration plan) indicate that the area provides some of the best quality habitat in South San
Francisco Bay for the endangered California clapper rail and the salt marsh harvest mouse.
These two species have become endangered largely through loss and fragmentation of tidal
marsh habitat around San Francisco Bay. It is believed that enhanced restoration of the Pond
will significantly extend the available habitat for these two species.
JSA currently is completing an ecological risk assessment of the Laurneister Tract tidal
marsh as part of the 1990 Bay Road Site Wetland Operable Unit. As per the June 1996
restoration plan, mitigation offsets for this Tract, if required, would be fulfilled through
completion of the Cooley Landing Salt Pond Restoration.
Attachment: Figure 1: Site Map, Proposed Restoration Plan
June 1996 Restoration Plan
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Training Berm Borrow Ditch
.a
Partial Filling of
>+ ' Borrow Ditch
North Breach
4`
I
E
a Levee
Partial Filling of
Borrow Ditch
r-
* Center Breach
Training Berm
' -.4000
Existing Culvert
(location of
recently eroded
ow. notch in levee).
11{•tom,•✓'�� ' ..
0 500' `y
.�.�
Scale _.
Photo Source:Air Flight Services; Photo C53693;5 August 1997.
SITE MAP Figure
14*�a Proposed Restoration Plan 1
OEOMATRIX Cooley Landing Salt Pond Project No.
East Palo Alto, California 1220E
Z.1 00 011 2 20 E.010-f i gh2.ai
A RESTORATION PLAN FOR THE
COOLEY LANDING SALT POND
1990 Bay Road Site
East Palo Alto, California
GEOMATRIX CONSULTANTS, INC.
San Francisco, California,
and
JENKINS, SANDERS & ASSOCIATES
Long Beach, California
18 June 1996
Project No. 1220E
A RESTORATION PLAN FOR THE
COOLEY LANDING SALT POND
1990 Bay Road Site
East Palo Alto, California
1.0 INTRODUCTION
A 1994 Regional Water Quality Control Board (RWQCB) Order(SCR Order 94-042, dated
16 March 1994) directed Rhone-Poulenc, Inc. (Rhone-Poulenc) to mitigate for the loss of habitat
function and values on 3.34 acres of non-tidal wetlands. The Order(Section C.I.c) specifies that
mitigation must take the form of wetland creation, enhancement or restoration at a ratio of three
acres of wetlands for every acre eliminated. This plan presents a proposal by Rhone-Poulenc for
a wetland mitigation that would restore and enhance habitat values to the abandoned Cooley
Landing salt pond located in the Ravenswood Open Space Preserve. The proposal meets the
requirements of the RWQCB Order. Conceptual agreement on this proposal with the agencies
and other interested parties is sought prior to a further commitment of resources.
2.0 PROJECT BACKGROUND: NON-TIDAL MARSH
The 3.34 acres of non-tidal wetlands referenced in the RWQCB Order is located in an industrial
section of the City of East Palo Alto. Surrounding land uses include a chemical manufacturing
plant, a solvent recycling facility, auto junk yards, and a Pacific Gas and Electric facility (see
Figure I). Soil at the site contains elevated levels of arsenic as a result of pre-1970 pesticide
production at a manufacturing plant owned by Rhone-Poulenc and its predecessors. In 1994,
approximately 500 cubic yards (cy) of soil with arsenic levels greater than 500 parts per million
(ppm)were excavated from the site. It is anticipated that the area will eventually be filled and
capped to complete remediation activities at the site.
Prior to the excavation effort, the non-tidal wetland habitat was already considered disturbed, and
offered little habitat value (Jenkins, Sanders & Associates, 1994). Vegetative cover was patchy,
1220/1SAINST.DOC
consisting largely of salt grass, with limited areas of sea bight and pickleweed. The amount of
1;onded water on the site varies substantially with the season. In the dry season, the waters
diminish and plant communities are less extensive, leaving little cover for wildlife.
During a 1988 survey, conducted as part of the Remedial Investigation (RI) of this non-tidal
wetland, 33 species of birds were identified including waterfowl, shorebirds, raptors, songbirds,
and one ring-necked pheasant(Geomatrix and SSP&A, 1989). An Ecological Assessment (EA)
of these non-tidal wetlands was conducted in 1993 (Jenkins, Sanders & Associates, 1994). This
study identified 18 species of birds but noted that individual birds spent very little time on the
site. During an extensive trapping effort for resident mammals, only two California voles, one
house mouse, and one Norway rat were captured, indicating that the utilization of the non-tidal
wetland area by these mammals is limited. Fish do not have access to the wetlands and no
aquatic insects were observed during the survey. The few types of insects that typically inhabit
such areas include salt-tolerant mosquitoes and possibly gerrids, commonly known as water
striders. In general, this site is considered to provide very low habitat value.
3.0 PROPOSED MITIGATION SITE
The 148-acre Cooley Landing salt pond has been identified as a site offering a unique, large-
scale mitigation opportunity. The goal would be to restore and enhance lost habitat functions
and values for a number of potential resident wildlife species, including two endangered species,
the California clapper rail (Rallus longirostris obsoletus) and the salt marsh harvest mouse
(Reithrodontomys raviventris). Acquired by the Midpeninsula Regional Open Space District
(MPROSD) in 1983, the site constitutes most of the southern portion of the MPROSD
Ravenswood Open Space Preserve in East Palo Alto. The location of the site, which is adjacent
to Rhone-Poulenc's facility, is shown on Figure 1.
3.1 SITE LOCATION
The site is located on the west side of South San Francisco Bay in San Mateo County, at 122 07'
30" longitude and 37 29' latitude, and is mapped on U.S. Geological Survey, Palo Alto, and
1220/1SAINST.DOC 2
Mountain View 7.5 minute quadrangles. Of the 148 acres comprising the site, 120 acres are
included within a ring levee.
3.2 SITE HISTORY
The site remained a natural tidal salt marsh until the late 1800s. Sometime before 1943, the
marsh was diked to form an intake and initial concentration pond as part of the Leslie Salt
Company's Redwood City crude salt plant. Saltwater evaporation, as part of the salt production
process, ceased in 1983 when the site was acquired by the MPROSD. Currently, the top of the
levee perimeter serves to provide the local community with wildlife observation points, as well
as walking and bicycle trails.
3.3 CURRENT CONDITIONS
The eastern levee is in its originally constructed condition of uncompacted but eroding dredge
spoils. When the levees were constructed, two 36-inch corrugated metal culverts equipped with
flap gates were installed to allow the controlled inflow of water from the Bay. The flap gate on
the south culvert is now apparently rusted shut, while the gate on the north culvert is no longer
attached allowing some tidal flow through this culvert. Water levels vary several feet and cover
approximately 30 to 40 percent of the area. The original marsh drainage network of sloughs and
channels is intact, but has subsided to lower elevations.
A small area of salt marsh exists in the southwest comer of the pond reflecting its higher
elevation in relation to the remaining surface. There are only scattered salt marsh plants on the
other areas. Although the original sloughs and channels are still visible on the bottom of the
pond, the soil salinities are apparently outside the range of tolerance for germination of common
pickleweed, alkali heath, and salt grass. These plant species are characteristic of tidal and diked
salt marshes. The lack of a full tidal regime, together with a highly saline surface bottom caused
by years of salt pond operation, make it difficult for plants and invertebrates to colonize the area.
The perimeter levee which constitutes a fill/upland area is heavily vegetated. While the levee
supports salt marsh vegetation on its lower elevations, the vegetation on the slopes largely
consists of native and non-native plants considered to be ruderal or"weedy" species. Some
12208SAINSTDOC 3
alkali heath, a native salt marsh plant, also exists on the slopes. Vegetation also exists around the
inside perimeter of the pond at the base of the lever.. Overall the salt pond surface is relatively
barren.
Although no surveys of benthic fauna have been undertaken, the surface grazing snail
(Nassasarius obsoletus) has been observed in large numbers, likely feeding on single-celled
algae (Jenkins, Sanders & Associates, 1991). Typically, former salt ponds exhibit a substantially
reduced diversity and abundance of benthic invertebrates because of limited tidal flushing and
sealing of the substrate by precipitated salts.
Sampling of fish inhabiting the sloughs of the salt pond has not been carried out but slough
channels outside the levees of the salt pond would be expected to be used seasonally by the same
species of fish known to enter similar habitat in other functioning wetlands of South San
Francisco Bay. Typically found in the sloughs would be such species as topsmelt, northern
anchovy, mosquitofish, leopard shark, longjaw mudsucker, and several species of gobies. The
three species of goby typically resident in slough channels presumably could not survive in the
remnant slough channels of the salt pond because of the relatively impermeable and highly saline
substrate.
The salt pond presently serves as a temporary refuge and limited foraging mudflat habitat for a
diverse number of birds including shorebirds, diving birds, wading birds, waterfowl,perching
birds, and raptors. During a one-day survey over 10,000 shorebirds were observed utilizing the
site with the western sandpiper comprising approximately 80% of the total (Jenkins, Sanders &
Associates, 1991). Other species observed included least sandpipers, great egrets, great blue
herons, double-breasted cormorants, pintails, and song sparrows.
A wetland survey of the site completed in 1994 (Environmental Science Associates, 1994)
identified approximately two to three acres of upland within the bounds of the levees. Following
an additional survey completed in 1996, the area was revised to 1.8 acres (Katherine Cuneo,
1996).
1220/JSAINST.DOC 4
The values of the various habitat types existing within the levee are compared to a reference
habitat in Table 1. It can be seen that the currently degraded condition of the Cooley Landing
salt pond provides no habitat values for the California clapper rail and offers virtually no habitat
value for the salt marsh harvest mouse, except as refuge from high tides outside the site.
Significantly, the adjacent 85-acre wetland area, the Laurneister tract bordering the southern
levee of the salt pond, supports one of the largest breeding populations of clapper rail in the
South Bay and also supports a breeding population of salt marsh harvest mice. The proximity of
these two populations of endangered species to the Cooley Landing salt pond would provide a
source of recruitment for reestablishing both endangered species in the restored marsh.
3.4 POTENTIAL CHANGES ASSUMING NO ENHANCEMENT
As discussed in previous documents (Philip Williams and Associates, 1987) if no improvements
to the salt pond are made, it is likely that the existing regime of limited tidal action will continue.
It is anticipated that the tidal water will gradually reduce the salinity in the soil, allowing some
eventual growth of vegetation. It is also anticipated that the ring levee will fail due to erosion
sometime in the next 5 to 20 years. It cannot be predicted with any accuracy when this might
occur. Not until failure occurs will the pond be opened up to full tidal action and the deposition
of sediments from the Bay, necessary for the restoration to cordgrass and pickleweed salt marsh.
4.0 PRIOR AGENCY CONSULTATION
The input of agencies and other interested parties concerned with the proposed mitigation has
been sought on various occasions. In 1993, a proposal, "Preparation of a Restoration Plan for
Midpeninsula District Ravenswood Tract," was submitted for review to the U.S. Fish & Wildlife
Service, U.S. Army Corp of Engineers, U.S. Environmental Protection Agency, National
Oceanographic & Atmospheric Association, the RWQCB, as well as the MPROSD. In March of
1994 an interagency meeting was held to discuss the proposed restoration. The response of the
agencies to the proposed restoration has been generally favorable.
1220/1SAINST.DOC 5
5.0 MITIGATION PROPOSAL
In fulfillment of the 1994 RWQCB Order, Rhone-Poulenc proposes to restore the Cooley
Landing salt pond to full tidal action which will allow the natural restoration to cordgrass and
pickleweed salt marsh. The RWQCB Order obligates Rhone-Poulenc to create, enhance, or
restore approximately 10 acres of wetland. Under the current proposal, Rhone-Poulenc will
exceed that requirement by an order of magnitude. On that basis, Rhone-Poulenc proposes that
by implementing the restoration and monitoring effort outlined in this document, it will have
fulfilled in full its mitigation requirements for the currently required offsets and any other offsets
to be required in the Wetland Operable Unit Record of Decision. This is the basis on which
Rhone-Poulenc proposes to finance and implement the restoration of the Cooley Landing salt
pond.
5.1 ACTIVE RESTORATION
It is proposed to introduce two engineered breaches into the levee between the existing salt pond
and the Bay, thereby introducing full tidal action to the pond. The breaches will be designed to
maximize the sedimentation process, thereby accelerating the restoration of the area to cordgrass
and pickleweed marsh. It is possible that the excavation will extend outside the limits of the
levee on the Bay side to help recreate the marsh channels. Spoils excavated from the levee will
be redistributed within the pond and along the sides of the remaining levee, thereby artificially
raising the elevation of a portion of the pond. This again, will accelerate the return to cordgrass
and pickleweed marsh in some areas, and provide salt marsh harvest mouse refuge at high tide.
The size and location of the breeches will be determined at the design phase of the project. It is
anticipated that the breeches will be on the order of 40 to 200 feet long with a maximum of 2:1
slopes. It is not intended to install erosion protection at the breaches, as their continued, natural
erosion would be advantageous to the restoration of the pond.
As part of the design process it will be necessary for Rhone-Poulenc's hydrologist to review the
existing data for the site. Some site reconnaissance and topographic surveying would also be
12208SAINST.DOC
required to establish sections across the site. Based on these data the hydrologist would
determine the most appropriate locations to introduce the breaches in the levee and size them so
as to maximize sedimentary deposition. Restoration plan specifications will be produced, and
the work will be implemented by a contractor with experience in this type of work.
5.2 PASSIVE RESTORATION OF HABITAT
Once regular tidal action has been restored to the site, excess salt will be leached from the soil
allowing vegetation to reestablish and the passive restoration process to begin. Natural
sedimentation processes will gradually raise the elevations within the pond to suitable levels for
pickleweed growth in natural succession to cordgrass. In the interim, an enhanced mud flat
habitat would evolve as part of the natural succession process, allowing for a more abundant and
diverse invertebrate community to establish itself providing a transition from the existing habitat
used by shorebirds primarily for temporary refuge to one used for foraging.
Reestablished sloughs will become productive again with increasing abundance and diversity of
those invertebrates and fish typically associated with functioning salt marshes within the San
Francisco Bay area. These species would provide additional food sources for the various birds
which visit the site. The California clapper rail would have access to numerous slough channels
offering invertebrate species typical of salt marshes.
Once cordgrass and pickleweed marsh become established, it is anticipated that both the
California clapper rail and the salt marsh harvest mouse will benefit. The restored salt pond will
form a large contiguous area of clapper rail and salt marsh harvest mouse habitat with the
adjacent 85-acre Laurneister tract, which will be a source of recruitment for both species. The
size of the resulting contiguous habitat recommends the implementation of the proposed
restoration project, since one of the main causes of decline in the California clapper rail has been
habitat fragmentation.
1220/1SAINST.DOC 7
5.3 MONITORING
Once the active restoration phase of the project is complete, it is proposed to implement a
monitoring program to track habitat development. Monitoring will take place in years 1, 3, and 5
following:ompletion of the active restoration. Monitoring will take the form of a qualitative
assessme.,.t of the habitat restoration at the site. The same procedures will be implemented in
each of the three monitoring years.
It is proposed that a 1:200 scale, infrared, aerial photograph will be taken of the site. This will be
ground-truthed based on field reconnaissance carried out by Rhone-Poulenc's hydrologist and
biologist. Colonization by vegetation will be mapped, with dominant and co-dominant species
noted. It is anticipated that field reconnaissance will take one to two days to complete. Results
of the review will be compared, qualitatively, with appropriate, similar marshlands in the area.
Specific comparison criteria will be developed at the design state of the project.
A report will be produced summarizing the results of the monitoring effort. The report will
include comments on the amount of siltation that has occurred since issuance of the previous
report, the estimated rate of siltation, the type of vegetation that has become established and
where is it located, and a qualitative assessment of the use of the area by animals and birds.
Other pertinent data will be included as appropriate. On completion of the final monitoring
report in year 5 following restoration, Rhone-Poulenc will consider that they have fulfilled their
obligations under the RWQCB Order.
1220/JSAtNST.DOC 8
6.0 REFERENCES
Cuneo, K., 1996, Communication with Jenkins, Sanders & Associates.
Environmental Science Associates, 1994, Ravenswood Regional Open Space Preliminary
Wetland Delineation.
Geomatrix Consultants, Inc., in association with S.S. Papadopulos & Associates, Inc., 1989,
Final Remedial Investigation Report.
Jenkins, Sanders & Associates, 1991, Preliminary Biological Evaluation of Cooley Landing Salt
Pond and Surrounding Wetlands, East Palo Alto.
Jenkins, Sanders & Associates, 1994, Ecological Assessment of Non-Tidal Wetland, 1990 Bay
Road Site, East Palo Alto, California.
Philip Williams & Associates, 1987, Potential Enhancement of the Cooley Landing Salt Pond.
1220/1SAINST.DOC 9
TABLE 1
EXISTING HABITAT VALUES AT COOLEY LANDING SALT POND
Guild or Habitat Type/Natural Community/Map Unit
Species Open Water Mud Flats Salt Marsh Fill/Upland
Property Reference Property Reference Property Reference Property Reference
Benthic Invertebrates Mod High Mod High Low Mod None None
Fish Low High Low High Low High None None
Birds
Shorebirds Mod High Mod High Low Mod Mod Mod
Diving birds Low High None None None None Mod Mod
Wading birds Mod High Mod Mod Mod High Mod Mod
Waterfowl Mod High Low High Mod Mod Mod Mod
Raptors j Low Low Mod High Low High Mod Mod
Perching birds None None Low Mod Low High High Mod
Special Status Species
Salt marsh harvest mouse None None None Unknown Unknown High Low Mod
California clapper rail None High None High None High None Low
Source: ESA, 1994
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Region ,�
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-56
Meeting 98-09
April 22, 1998
AGENDA ITEM ;�
AGENDA ITEM
Attendance at the California Special Districts Association Government Affairs Day Conference
for Director P. Siemens
GENERAL MANAGER'S RECOMMENDATION
Authorize Director Siemens to attend the California Special Districts Association Government
Affairs Day one-day conference in Sacramento at a cost of$95.00.
DISCUSSION
The California Special Districts Association Government Affairs Day is an annual legislative
conference held for special district professionals and elected officials. The conference is held
in Sacramento, and will include discussion sessions on a variety of legislative subjects of
interest to the District, including state budget issues, the 1998 park bond act, upcoming
legislation, local government issues, Brown Act changes, and others.
The per-person registration fee for the one-day conference is $95. There are no other costs
associated with attendance at this conference. General Manager L. Craig Britton and Public
Affairs Manager Malcolm Smith will also be attending this conference.
Prepared by:
M. Smith, Public Affairs Manager
Contact person:
L. Craig Britton, General Manager
3.30 Distel Circle - Los Altos,CA 94022-1404 Phone: 650-691-1200
FAX: 6.50-691-0485 * E-mail: mrosd@openspace.org Web site:www.openspace.org
Pete Siemens,Mary C.Dave Jed Cyr,David T.Smernoff,Nonette Hanko,Bets Crowder,Kenneth al Manager:
Board of fJirectors;P � y, y _ y C. Nitz � General � gNr:L.Craig Britton
Rqqlonai Open -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-55
Meeting 98-09
April 22, 1998
AGENDA ITEM 6
AGENDA ITEM
Review of Prices and Policy Regarding Agenda,Minutes and Packet Subscriptions
GENERAL MANAGER'S RECOMMENDATIONS
1. Authorize increasing current agenda subscription rates to reflect the increased cost of production,while
remaining substantially below actual cost.
2. Develop the District's online resources to provide access to agenda materials free of charge via the Internet
and email.
DISCUSSION
The District's current policy for assessing fees for agenda subscriptions is defined in"The Rules of Procedure"
adopted by the Board,and provides for the following:
• "Agendas will be available with no charge upon request to public officials,newspapers in the District and
members of the public at the District office by 9:00 A.M. on the Monday preceding the regular meeting."
• "Members of the public may subscribe on an annual basis to receive agendas,or agendas and minutes,or
agendas,minutes and supporting materials...fees will be waived for members of the press,Board members-
elect,Board candidates and former Board members for a period of six months following their leaving office.
Charges for public subscriptions will be adopted from the Board from time to time."
Fees were first established for agenda materials in 1977 and were last evaluated in 1987. The chart below
compares the District's current agenda subscription rates with the estimated expense to produce and deliver the
materials,based upon an average of 36 meetings annually.The estimated expense was arrived at by calculating
the average size(in pages)of the agenda packets over the past year and factoring in the actual production cost
per page(including copy machine lease expense)and the estimated labor cost to copy,sort,collate and mail the
agenda. Based upon these factors,our estimated current expense to produce agendas is 3.5 times greater than the
fees we are currently charging for full and partial packets,and 4.8 times greater than the fees for the agenda
only.
Agenda Subscription Current Rate Estimated Production Cost Proposed New
Category Rate
Full Packet $110 $389 $220
Agendas and Minutes $29 $102 $60
Agenda Only $10 $48 $20
330 Distel Circle Los Altos, CA 94022-1404 * Phone:650-691-1200
FAX: 650-691-0485 - E-mail: mrosd@openspace.org Web site.:www.openspace.org
(3o,trd of Directors.Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff, Nonette Nanko, Betsy Crowder,Kenneth C. Nitz « General Manager:L.Craig Britton
...................
R-98-55 Page 2
The following table shows the results of a recent survey conducted among eight local government agencies
regarding their agenda subscription practices."Pick up only"indicates that subscriptions are not available,but
copies can be obtained at agency offices.
Agency Comments Agenda Only Agenda/Minutes Full Packet
City of Mountain View 24 meetin s annually. $24 $36 $60
Coumy of Santa Clara Website access encoura ed Pick u onl $135 --
Cityof Palo Alto 24 meetings annually. Website $30 $130 Pick u only
Y P Y
access encouraged
City of Sunnyvale Website access encouraged Subscriber Pick up only, Pick up only
provides $.30 per page
stamped
envelope
City of Menlo Park Website access only -- -- --
City of Redwood City Website access encouraged Free to Pick up only Pick up only
residents;$35
to non-
residents
San Mateo County By email only Available at -- •-
meetings
East Bay Regional 24 meetings annually.Website Free $50 $100 if
Park District access encouraged picked up
$150 if
mailed
.Pitt'o�ed. > :A rtt�€, ` ttietiti ` itttall _. 211 ....: S2_ ;MROSD-
Although there is a wide variation among the agencies surveyed,it is clear that most agencies charge more than
the District and hold fewer meetings per year. In addition,almost all of the agencies surveyed either encourage
website access to agenda materials,or provide access only through electronic means(by email or through their
websites).
The District provides access to agendas and minutes in a text format at the District's website,but does not
provide email subscriptions or electronic access to reports and other back-up materials. The District currently
publishes its newsletters on the website in"portable document format"(PDF),which allows for an exact
reproduction of the original document. Agenda reports and graphic materials,which are difficult to post to the
website as text,can be converted to PDF and read with the free"PDF Reader"software available at our
website. Staff is developing a procedure whereby converting and publishing the entire packet to the website will
be a part of the standard agenda process.With the addition of an email subscription service,all materials could
be obtained electronically at a fraction of the time and expense involved in paper production. Agenda
subscribers will be advised of the free agendas available at our website,or may elect to subscribe by email.
The development of the District's online resources,which we expect to have available by June 30, 1998, will
allow for greater public access at no cost to the District or to the public. Increasing existing fees and charges for
agenda materials will allow the District to continue to subsidize public access to a reasonable extent while
covering production expenses.
Prepared by:
Peggy Coats,Administrative Analyst
Contact person:
L. Craig Britton,General Manager
Rqg)ional Open L ice
R-98-49 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-09
April 22, 1998
AGENDA ITEM
AGENDA ITEM
Authorization to Purchase a Pit Toilet Unit for Monte Bello Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1 Determine that the following action is categorically exempt from the California
Environmental Quality Act (CEQA).
2. Authorize staff to replace a pit toilet unit for the Monte Bello parking area, substituting
it for a pit toilet unit for the Monte Bello backpack camp. The purchase of three pit
toilet units, including the Monte Bello backpack camp, was approved by you at your
September 24, 1997 meeting. The cost of the three units will remain the same, not to
exceed $50,000.
DISCUSSION
At your September 24, 1997 meeting, you authorized staff to purchase three (3) pit toilet units
from Restroom. Facilities, Ltd. of Reno, Nevada for Skyline Ridge, Monte Bello, and Windy
Hill Open Space Preserves at a cost not to exceed $50,000. The three units were to be
installed near the Daniels Nature Center at Skyline Ridge, the Black Mountain backpack camp
at Monte Bello, and the Spring Ridge parking area at Windy Hill.
Staff refrained from placing the order immediately, since Restroom Facilities, Ltd. is also the
subcontractor responsible for the installation of the pit toilet for the lower Windy Hill parking
area on Portola Road. This would enable staff to see the installed unit prior to placing the
order. The Windy Hill restroom installation was delayed for several months due to winter
rains. However, the unit was recently installed and staff is pleased with the outcome.
Since your September approval of the three units, staff has also discovered an additional
vendor, Biological Mediation Systems, Inc. of Fort Collins, Colorado, that manufactures a pit
toilet specifically designed for remote locations. This unit requires minimal tank cleanout and
is better suited for the remote Black Mountain backpack camp at Monte Bello. The initial cost
is comparable to the Restroom Facilities unit, but in the long term, holding tank pumpout costs
should be greatly reduced. Staff ordered one of these units for the Black Mountain backpack
camp under the General Manager's purchasing authority at a cost of$16,113.75. Installation
is expected by mid-June.
The existing chemical-recirculating restroom at the Monte Bello parking lot has an ongoing
history of maintenance problems. More recently, the heavy winter rains required closure of
the restroom. A localized high water table near the restroom was raised even higher by heavy
winter rains. Water ponded around the restroom and flooded the underground holding tank.
330 Distel Circle - Los Altos,CA 94022-1404 Phone: 650-691-1200
FAX:650-691-0485 s E-mail: mros(i@openspace.org Web site:www.openspace.org
Board of Oirv(tors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernott, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton
R-98-49 Page 2
A portable unit is being used in the interim, but replacement of the restroom unit to a new
higher and drier location on the opposite side of the parking area is a high priority.
Replacement of the chemical-recirculating unit with a pit toilet to a new suitable location will
eliminate the ongoing maintenance costs.
Replacement of the Monte Bello restroom was not budgeted this fiscal year. However,
Peninsula Open Space Trust (POST) and staff are discussing the possibility of POST donating
funds to the District to renovate the Spring Ridge parking area at Windy Hill. If implemented,
the funds would include the cost of installing the restroom unit. The money budgeted for the
Spring Ridge unit could then be substituted for the needed Monte Bello parking area
replacement unit.
Upon your authorization, staff is prepared to immediately purchase the three units from
Restroom Facilities: one for the Monte Bello parking lot (substituting for the backpack camp
location), one for Windy Hill's Spring Ridge picnic area, and one for the Skyline Ridge
Daniels Nature Center. Installation is included as part of the fee charged by Restroom
Facilities, Ltd. The units should be installed within 45 days of placing the order.
California Environmental Quality Act (CEQA) Compl._iance
Project Description
The project consists of the removal of a concrete vault and small building, restoration of the
site and installation of one new pit toilet at the Monte Bello Open Space Preserve parking area.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment.
It is categorically exempt from CEQA under Sections 15303 and 15304.
Categorical Exemption Section 15303 - New Construction or Conversion of Small Structures
The restroom is considered new construction of a small structure on District land.
Categorical Exemption Section 15304 - Minor Alterations of Land
The restroom installation will consist of minor alterations to the condition of the land.
Prepared by:
Mary de Beauvieres, Acting Senior Planner
Contact person:
Same as above
v I 1Open c
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-51
Meeting 98-09
April 22, 1998
AGENDA ITEM _8
AGENDA ITEM
Cancellation of May 13, 1998 Regular Meeting and Scheduling of a May 6, 1998 Special Meeting
GENERAL MANAGER'S RECOMMENDATION
Cancel your May 13, 1998 Regular Meeting and Schedule a May 6, 1998 Special Meeting
DISCUSSION
The evening of your Regular Meeting of May 13, 1998 is also the opening reception of this year's
Special Park District Forum which the District is hosting along with East Bay Regional Park
District. Several staff and Board members are attending the May 13 opening event. Therefore, I
recommend that you cancel the May 13, 1998 Regular Meeting and schedule a May 6, 1998
Special Meeting. The May 6 meeting will include a Regional Open Space Study Workshop
(ROSS) from 6:00 - 7:30 p.m., with a business meeting to follow.
Prepared by:
D. Dolan, Administrative Services Manager
Contact person:
L. Craig Britton, General Manager
I
330 Distel Circle - Los Altos, CA 94022-1404 Phone: 050-691-1200
FAX: 65
0-691 0485 - E-mail: mrosduopenspace.org Web site:www.openspace_org �ry
Board of 0irec tors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Srnernoff,Nonette I lanko, Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton
Claims No. 98-08
Meeting 98-09
Date: April 22, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4004 599.86 Acme & Sons Sanitation Sanitation Services
4005 45.98 A T & T Telephone Service
4006 230.00 Avcar Rental Van Rental--Fremont Older House Tours
4007 45.00 Carol Belew Docent Training
4008 65.00 Berry's Pest Control, Inc. Bimonthly Service
4009 240.00 Louis Bordi General Engineering EMO Training-M. Casaretto
4010 132.00 •1 California Department of Fish & Game Stream Alteration Permit
4011 126.62 California Water Service Water Service
4012 338.49 Callander Associates Windy Hill Parking Study Consultant
4013 22.73 Contemporary Engraving Name Badge Engraving-Trail Patrol
4014 2,109.47 Cotton, Shires & Associates Shilling Lake Spillway Engineering
4015 119.00 Council on Education in Management Renewal Subscription
4016 50.00 Chris DiLeanardo Docent Training
4017 457.00 Enshallah Inc. Teague Hill Consultant
4018 36.62 Emergency Vehicle Systems Vehicle Lightbar Repairs
4019 31.00 Federal Express Corporation Express Mail
4020 55.74 Film To Frame Reproduction Services
4021 1,000.00 •2 First American Title Insurance Company Aitken Acquisition Deposit
4022 774,000.00 First American Title Insurance Company Aitken Acquisition
4022 50,000.00 First American Title Insurance Company Weaver Acquisition
4023 905.25 Forestry Suppliers, Inc. 55 Gallon Sprayer and Supplies
4024 22.43 Foster Bros. Security Systems, Inc. Key Duplication
4025 25.10 G & K Services Shop Towel Service
4026 3,329.54 Gardenland Power Equipment Field Supplies & Tools
4027 110.00 GreenWaste Recovery, Inc. Skyline Dumpster Service
4028 55.29 GTE Wireless Cellular Phone Service
4029 515.17 Home Depot Field Supplies
4030 55.63 Honda Peninsula Honda Generator Battery
4031 28.00 Hyster Sales Company Bobcat Service Parts
4032 960.52 J. L. Darling Corporation Signs
4033 4,877.37 Jakaby Engineering Bridge and Parking Consultant
4034 62.02 Langley Hill Quarry Baserock
4035 1,007.38 Lanier Worldwide, Inc. Copier Leases
4036 118.13 Los Altos Garbage Company Dumpster Service
4037 72.36 MADCO Welding Supply Company Welding Supplies
4038 163.22 MetroMobileCommunications Radio Repair
4039 356.14 Meyer Appliance Commercial Dryer-Ranger Station
4040 1,040.00 Micro Accounting Solutions Computer Consulting Services-Distel
4041 409.66 Micromedia, Inc. Microfiche Services
4042 210.99 Mid-Peninsula Electric Electrical Repairs--Nature Center
4043 45.00 Roger Meyers Docent Training
4044 1,680.93 Office Depot Office Supplies
4045 1,793.71 Orchard Supply Hardware Field Supplies
4046 1,432.06 Pacific Bell Telephone Service
4047 394.12 PIP Printing Printing Services
4048 121.33 Peninsula Open Space Trust Easement Monitoring Services
4049 125.00 *3 Pt. Montara Lighthouse Hostel Reservation Deposit-Operations Retreat
Page 1
Claims No. 98-08
Meeting 98-09
Date:April 22, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4050 17.43 Rancho Ace Hardware Shop Supplies
4051 34.13 Rayne Water Conditioning Water Service
4052 42.50 Rich's Tire Service Tire Repairs
4053 1,556.99 Roy's Repair Service Vehicle Maintenance & Repair
4054 30.88 *4 San Mateo County Permit Extension
4055 69.82 Signs of the Times Signs
4056 20.00 *5 Sonoma County Public Health Department Tick Testing
4057 122.00 The State Bar of California Bar Dues--S. Schectman
4058 23.94 State Board of Equalization Diesel Fuel Tax
4059 130.00 State of California-OES Training Certificates--Haz Mat Class
4060 497.84 Summit Uniforms Uniforms
4061 452.99 Taylor Rental Center Bobcat Excavator Rental
4062 240.00 Therma Corp. Heating & Air Conditioning Service
4063 32.85 Tooland, Inc. Equipment Part
4064 20,575.21 Turner & Mulcare Legal Services
4065 3,623.91 VISA Field Supplies, Local Business Meeting
Expense, Conference Expense, Office
Supplies and Resource Documents
4066 98.48 M. Douglas Vu Vehicle Expense
4067 300.00 Roberta Wolfe Recording Services
4068 85.27 The Workingman's Emporium Uniforms
4069R 480.00 California Conservation Corps. Pulgas Ridge Plant Removal Project
407OR 2,109.47 California Department of Fish & Game Permit Extension Fee--Mindego Creek
4071R 277.40 MCI Long Distance Phone Service
4072R 120.00 Rich Voss Trucking, Inc. Trucking Charges-Deer Hollow Farm
4073R 456.27 S. G. Barber Gate Installation-Portola Heights Road
4074R 226.69 Malcolm Smith Vehicle Expense
4075R 71.83 Cheryl Solomon Vehicle Expense
4076R 300.00 Roberta Wolfe Recording Services
4077R 47.45 Lisa Zadek Vehicle Expense
4078R 374.33 Petty Cash Local Business Meeting Expense, Office
Supplies, Vehicle Expense, Docent
Supplies, Resource Documents and
Field Supplies
TOTAL *1 Urgent Check Issued April 16, 1998
*2 Urgent Check Issued April 17, 1998
*3 Urgent Check Issued April 15, 1998
*4 Urgent Check Issued April 17, 1998
*5 Urgent Check Issued April 10, 1998
882,038.54
Page 2
Claims No. 98-08
Meeting 98-09
Date:April 22, 1998 16
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4004 599.86 Acme & Sons Sanitation Sanitation Services
4005 45.98 A T & T Telephone Service
4006 230.00 Avcar Rental Van Rental--Fremont Older House Tours
4007 45.00 Carol Belew Docent Training
4008 65-00 Berry's Pest Control, Inc. Bimonthly Service
4009 240.00 Louis Bordi General Engineering EMO Training-M. Casaretto
4010 132.00 •1 California Department of Fish & Game Stream Alteration Permit
4011 126.62 California Water Service Water Service
4012 338.49 Callander Associates Windy Hill Parking Study Consultant
4013 22.73 Contemporary Engraving Name Badge Engraving-Trail Patrol
4014 2,109.47 Cotton, Shires & Associates Shilling Lake Spillway Engineering
4015 119.00 Council on Education in Management Renewal Subscription
4016 50.00 Chris DiLeanardo Docent Training
4017 457.00 Enshallah Inc. Teague Hill Consultant
4018 36.62 Emergency Vehicle Systems Vehicle Lightbar Repairs
4019 31.00 Federal Express Corporation Express Mail
4020 55.74 Film To Frame Reproduction Services
4021 1,000.00 *2 First American Title Insurance Company Aitken Acquisition Deposit
4022 774,000.00 First American Title Insurance Company Aitken Acquisition
4022 50,000.00 First American Title Insurance Company Weaver Acquisition
4023 905.25 Forestry Suppliers, Inc. 55 Gallon Sprayer and Supplies
4024 22.43 Foster Bros. Security Systems, Inc. Key Duplication
4025 25.10 G & K Services Shop Towel Service
4026 3,329.54 Gardenland Power Equipment Field Supplies & Tools
4027 110.00 GreenWaste Recovery, Inc. Skyline Dumpster Service
4028 55.29 GTE Wireless Cellular Phone Service
4029 515.17 Home Depot Field Supplies
4030 55.63 Honda Peninsula Honda Generator Battery
4031 28.00 Hyster Sales Company Bobcat Service Parts
4032 960.52 J. L. Darling Corporation Signs
4033 4,877.37 Jakaby Engineering Bridge and Parking Consultant
4034 62.02 Langley Hill Quarry Baserock
4035 1,007.38 Lanier Worldwide, Inc. Copier Leases
4036 118.13 Los Altos Garbage Company Dumpster Service
4037 72.36 MADCO Welding Supply Company Welding Supplies
4038 163.22 MetroMobileCommunications Radio Repair
4039 356.14 Meyer Appliance Commercial Dryer-Ranger Station
4040 1,040.00 Micro Accounting Solutions Computer Consulting Services-Distel
4041 409.66 Micromedia, Inc. Microfiche Services
4042 210.99 Mid-Peninsula Electric Electrical Repairs--Nature Center
4043 45.00 Roger Meyers Docent Training
4044 1,680.93 Office Depot Office Supplies
4045 1,793.71 Orchard Supply Hardware Field Supplies
4046 1,432.06 Pacific Bell Telephone Service
4047 394.12 PIP Printing Printing Services
4048 121.33 Peninsula Open Space Trust Easement Monitoring Services
4049 125.00 •3 Pt. Montara Lighthouse Hostel Reservation Deposit-Operations Retreat
Page 1
s
a
OPERATIONS MANAGEMENT-PROGRAM 61 P.1
4 ADOPTED BUDGET WM
( f*#*###*f*�*#R##RAf*##*###lfRRfttflfl*#toff iNt!!ltfff#!t ifffiftitittif fttitttffttiff t#ttttttRt*!f* itNRltlllt!ltfff!!!t!!!tlNf•
97/96 97/98 97/98 98/99
IAdopted Nvocled Actual Adopted
I SALARIES 6 BENEFITS Budget E)pwwes E)Vwwee BudcW
i
14100 GENERAL MANAGER
I APPOINTEES 1,614,300 1,518,390 0 1,630,100
I
01 Group Leaders 77,050 76,800 77,850 JOHN
I 02 SupwAmy/Praleaek nal(Perm) 137,850 142,300 149,150 DAVID T./GORDON/JODI
I 03 Temporary EnPbyees
I 04 (Perm) 37,800 37,000 38,000 KATHLEEN
I 07 Ranger(Perm) 497,950 509,300 W350 RANGERS
68 Supwvisinp Ranger 116.550 65,790 117,750 ANNEITE&SANGO i
I 09 Senior Rarger 200.900 204,000 202,850 DENNIS JOHN K.,TOM L&PATF
10 Open Spwoe tech(Penn) 347.750 323,300 350.350 OST'S
I i t Open Speos Tech(Tamp) 97,750 00,200 94,050 8000 HRS.X 11.76
I 12 Overtime 16,000 4,000 8,000
13 Dooerd Vohi nlser 7,300
I 15 M*oIw*X-- uipt.Opwalor 85,000 68,400 85,750 CRAIG/MARK
i
4300 RETIREMENT PLAN 151,850 148,450 0 227j050
I
01 Pers 127,500 123,800 200,350
03 G.M.Appoinlese/Us1.Comp. 3,050 3,700 4,750
I 04 SS Mectiaal 21,100 /8,950 21,950 1.45%+62%-SEASONALS
4400 GROUP INSURANCE 171,000 153,950 0 176,900
01 Health 122,350 111,500 125.350
I 02 Dented 20,400 23,800 28,050
I 03 Life 2,300 1,900 4,400
I 04 Long Term Umbft 10,400 9,050 10,550
05 Pre"EmPbymerd PtWelcai
06 EAP 6,250 4,500 6,000
I 07 Vision 3,300 3,200 3,750
I 06 Cafeteria MwVSection 125 0 0 600
I
14500 STATE MANDATED INSURANCE 77,950 67,300 0 77,300
I
Ot Worker's Comperw dIon 77,950 67,300 77,300
I
I
1
I TOTAL SALARIES&BENEFITS 2,014,900 1,886,090 0 2,111,350
I
Claims No. 98-08
Meeting 98-09
Date:April 22, 1998
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4050 17.43 Rancho Ace Hardware Shop Supplies
4051 34.13 Rayne Water Conditioning Water Service
4052 42.50 Rich's Tire Service Tire Repairs
4053 1,556.99 Roy's Repair Service Vehicle Maintenance & Repair
4054 30.88 *4 San Mateo County Permit Extension
4055 69.82 Signs of the Times Signs
4056 20.00 *5 Sonoma County Public Health Department Tick Testing
4057 122.00 The State Bar of California Bar Dues--S. Schectman
4058 23.94 State Board of Equalization Diesel Fuel Tax
4059 130.00 State of California-OES Training Certificates--Haz Mat Class
4060 497.84 Summit Uniforms Uniforms
4061 452.99 Taylor Rental Center Bobcat Excavator Rental
4062 240.00 Therma Corp. Heating & Air Conditioning Service
4063 32.85 Tooland, Inc. Equipment Part
4064 20,575.21 Turner & Mulcare Legal Services
4065 3,623.91 VISA Field Supplies, Local Business Meeting
Expense, Conference Expense, Office
Supplies and Resource Documents
4066 98.48 M. Douglas Vu Vehicle Expense
4067 300.00 Roberta Wolfe Recording Services
4068 85.27 The Workingman's Emporium Uniforms
•1 Urgent Check Issued April 16, 1998
*2 Urgent Check Issued April 17, 1998
*3 Urgent Check Issued April 15, 1998
*4 Urgent Check Issued April 17, 1998
*5 Urgent Check Issued April 10, 1998
TOTAL 877,575.10
Page 2
OPERATIONS MANAGEMENT-PROGRAM 61
BUDGET9WW
I 97/90 97/96 97/98 98/90 I
Ipmocted Projected Actin Adotftd1
SERVICES&SUPPLIES Budget Eapermes Epeness Sudgat
7600 VOLUNTEER PROGRAM 0 0 0 I
I 01 NewsleftersI
I
02 Volunteer Projects
I I
I
I I
03 Vd w►teer&Dooer►t TraSn V I
I I
I I
I 04 Ramurce MMwk& I
I
I I
I 0s RecognWwI
I I
I I
06 TraH PaW&Dooent Urdforms
I I
I ----= I
...........
Regional L
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Boaz TO:• f Directors
d o
FROM: C. Britton, General Manager
DATE: April 22, 1998
SUBJECT: FYI
i
I
I
I
330 Distel Circle Los Altos, CA 94022-1404 Phone: 650-691-1200
FAX: 650-691-0485 e E-mail:mrosd@o ens ace.or Web site:www.o ens ace.or
P F� � p P 8
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David F.5mernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz_ . General Manager:L.Craig Britton
April 17, 1998 APR 2 0
�^� NAL
MIDPENjN,SU �LA p `:ION
Mid-Peninsula Regional Open Space District opr-N SPACE
330 Distel Circle
Los Altos, CA 94022
1 have enclosed a copy of a letter that I plan to send to the San Francisco Chronicle. I
wrote the letter to express my sincere appreciation for the work that your agency has
accomplished. I wish you continued success in your future efforts to preserve the
limited amount of open space that's left on the San Francisco peninsula.
Please use the letter as you see fit, and do not hesitate to contact me if I can offer any
assistance or support in the future.
Sincerely,
Ronald Oertel
100 Buena Vista Terrace
San Francisco, CA 94117
(415) 431-5287
P.S. - I might send the letter to other newspapers as well. I'll send you a copy if it's
published.
t
Editor:"
I am writing in response to the recent series of articles regarding the proposed building of a convent
along Skyline Boulevard, and the attempt to purchase the property through eminent domain
proceedings by the Mid-Peninsula Regional Open Space District.
One of the reasons for writing this letter is to express my appreciation for the work that the MROSD has
already accomplished. As a native San Franciscan, I am always seeking out-of-the-way spots to get
away from the bustle of the City. For years, I traveled to Mt. Tamalpais or Point Reyes in Marin County
to seek out these places. However, about 6 years ago, I discovered Purisima Open Space Preserve
on Skyline Boulevard, just south of the location of the proposed convent. I was astonished at the
beauty and remote location, so close to major population areas. I also couldn't help but notice the
Mid-Peninsula Regional Open Space District (MROSD) signs posted at the entrances. During my
visits to the park, I read about the history of the new park and the surrounding area. The redwood
forests on the site of Purisima Open Space Preserve were logged as recently as the 1970's!
Since discovering the park, I have made a point of exploring the area around Skyline Boulevard. (The
Trail Center, a non-profit organization in Los Altos, publishes an excellent map showing the location of
various parks on the San Francisco peninsula.) I cannot truly explain the satisfaction (and pride) that I
felt after realizing how much work a government agency (MROSD) had accomplished toward
preserving the limited amount of open space/parkland that's left in the Bay Area. This is not just plain
"open space" - the area around Skyline Boulevard is covered with redwood forests and surrounded by
beautiful views!
When I read the Chronicle's article regarding the attempt of the MROSD to purchase the land through
eminent domain proceedings, I cringed. I realized that it would not look good for a government agency
to try to "take" land from anyone, let alone a religious organization. However, in my heart, I was
excited and full of hope. During my previous visits to the area, I had stumbled upon the area of the
proposed convent. (I immediately recognized the area from a recent television report regarding the
controversy.) This may seem selfish, but I know that this land would make a spectacular park. I
remember this particular spot as having a large, relatively level area with impressive views of the
Pacific Ocean (between the trees). I remember wondering who owned it, and hoping that it would
someday be converted into a park that would be preserved for everyone to cherish.
No one is comfortable with the idea of a government agency using eminent domain proceedings to
purchase private property, even when it would benefit everyone else. However, I have since found out
that the previous owners - a separate religious organization - did not even allow an opportunity for
MROSD to submit a bid for the land when it was sold to the Russian Convent of Our Lady of Vladimir
two years ago. In fact, MROSD contacted the previous owners in the early 1980's to express interest
in purchasing the property if it ever became available. (Before they purchased the land, the Russian
Convent was aware of the MROSD's interest in preserving the property, as well as the probable
opposition they faced if they pursued plans to develop it.
Facing intense political pressure, no one can blame MROSD for abandoning plans to purchase the
property through eminent domain proceedings. However, unless this proposed major building project
can be stopped by the county's planning commission, it seems likely that another natural treasure will
be (at least partially) lost. I still hold out a glimmer of hope that the Russian Orthodox nuns will
ultimately choose to build the convent in a more suitable location.
Sincerely,
Ronald Oertel
Qnn Gronnicnn
Regional Open ,)ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April21, 1998 This letter also sent to: Mr. & Mrs. Wright
Mr. Todd McGee
Mr. Ernest Breakfield
Mr. Berry Stevens
Mr. Jerry Cooley
Mr. Bo Gimbal
22424 Highway 9
Boulder Creek, CA 95006
Re: El Corte de Madera Creek Open Space Preserve
Study Area 2 Trail Use Plan (draft)
Dear Bo:
I
Thank you so much for participating in the Study Area 2 Task Force for El Corte de Madera
Creek Open Space Preserve. Your time and energy during the planning process really helped
create a well-rounded plan for the public and Board to consider. The divergent opinions of the
task force represent the variety of preserve users we encounter. The process is more effective
with a variety of opinions. I believe our efforts helped to create a Trail Use Plan that addresses
not only the needs of the existing visitors, but those of future visitors.
The next step is for the Board ad hoc committee (Betsy Crowder, Jed Cyr and David Smernoff)
to hold a meeting to present the plan to the public. The meeting is scheduled for Tuesday, April
28 at 7:00 p.m. at the District office. You are invited to attend and will be given an opportunity
to address the committee about the plan and planning process, if you so desire.
I am also enclosing a copy of the draft map for your use. Following the April 28 meeting, I will
be preparing a written report, which along with the map, will go before the full Board for their
consideration and adoption.
Regards,
Mary de uvieres
Acting Senior Planner
enc.
cc: Board of Directors
J. Escobar
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • 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
Proposed rail Use Plan : ItudyArea 2
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Regional e L.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: April 17, 1998
SUBJECT: FYI
I
330 Distel Circle Los Altos, CA 94022-1404 Phone:650-691-1200
FAX:650-691-0485 - E-mail:nirosd@openspace.org 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
Regional Open ace
------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April 17, 1998
Mr. Erik Vink, Field Director
American Farmlands Trust
1949 5th Street, Suite 101
Davis, CA 95616
Dear Mr. Vink:
Thank you for agreeing to attend the special workshop of the Midpeninsula
Regional Open Space District Board of Directors on May 20 in Los Altos.
As we discussed, the District is contemplating an expansion of its boundaries to
include the San Mateo County coast, a portion of which is in active agricultural use. Your
insights into the issues surrounding agricultural leases, easements, and related land use
matters will be of great value to our Board of Directors in their decision-making process.
We agreed that the District will reimburse your out-of-pocket expenses for your
attendance, in an amount up to $100. Following the workshop, please provide an invoice
and we will process reimbursement.
Again, thank you for your assistance. The workshop will be held from 6:00 p.m.
until 10:00 p.m., Wednesday, May 20. Our office is located at 330 Distel Circle, Los
Altos. Please call us at (650) 691-1200 for detailed directions, or if you require any
additional information.
Sincerely,
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200
FAX:650-691-0485 • E-mail:mrosd@openspace.org • web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Srnernoff,Nonette I lanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
INTER-OFFICE MEMORANDUM
April 15, 1997
TO: Craig Britton, General Manger
FROM: Gordon Baillie, Operations Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month March Year 1998
VIOLATIONS TOTALS CITES CRIK S
Bicycles Vehicle hit & run I
Closed area 9 8
Speed 10 6 ACCIDENTS/INCIDENTS
Helmet 10 7 Bicycle 4
Night-riding 0 0 Equestrian _Q
Unsafe operation 0 0 Hiking/running . 2
Dogs Other first-aid �3
Prohibited area 6 2 Search/rescue 0
Off-leash . 6 4 Air evacuation 0
Off-road vehicles 0 0
Closed area ,� 1 ENFORCEMENT
After hours 10 4 Citations 59
Fishing 0 0 Written warnings 3
Vandalism 0 0 Arrests — 0
Parking 32 19 Police assistance 3
Parking after hours 16 8
Dumping/littering 0 0 MUTUAL AID
Campfires 0 0 Accidents 6
Weapons Law Enforcement I
Actual contact 0 0 Landing Zone 1
Report only 2 0
Evidence of 0 0
Obstructing free passaged
SUMMARIES OF SIGNIFICANT INCIDENTS
Mar. 11: J. Kowaleski observed two individuals in Rancho de Guadalupe who fled when they saw him.
One of the individuals was found and a citation was issued for a prohibited area violation.
Mar. 12: Staff assisted in locating a landing zone (LZ) to evacuate a person with a critical head injury
resulting from an accident that occurred at Langley Hill quarry. A storm front was moving in
across Skyline, requiring that the LZ be moved four times as weather deteriorated. Staffs
knowledge of various options facilitated a safe evacuation from an LZ on Page Mill Road near
the lower area of Los Trancos. W. Phillips, D. Danielson.
Mar. 13: A serious solo bicycle accident occurred at St. Joseph's Hill OSP. The cyclist lost
consciousness for a short time and sustained a head injury. He was taken by air ambulance to
Valley Medical Center. P. Hearin, County Fire, Los Gatos Town Rangers, AMR paramedics,
and Life Flight handled the incident.
Mar. 13: K. Carlson encountered a vehicle obstructing Pheasant Road in Rancho de Guadalupe. The
driver was standing in the roadway. He stated that "a lot of weirdos hang out in the area," and
that he was homeless. A drivers license check indicated the driver had a felony drug warrant out
of Oregon. A SC deputy was requested and advised he had a 20 minute response time.
Approximately 20 minutes later it was determined that Oregon would not extradite from
California. The subject was released.
Mar. 13: T. Karnofel stopped a cyclist for speeding (26 mph) in Sierra Azul OSP. The rider said that he
would give up riding bikes before he would slow down. A citation was issued.
Mar. 15: W. Phillips investigated a 'gunshots heard' call near or at Foothills OSP. After meeting with a
deptuy from Santa Clara SO it was felt the shots may have been from adjacent private property.
Mar. 17: A vehicle was hit by a golf ball in Fremont Older OSP. The driver then moved the vehicle to
the middle of the full lot. Another driver backed his vehicle into it and left the lot at a high rate
of speed. K. Miller and CHP responded to the lot. CHP completed a hit-and-run report.
Mar. 18: A phone report was taken by T. Lausten about an incident that occurred at Rancho San Antonio
OSP. The caller stated that he was forced off the road-width trail by a large group of high
school runners. He said this happens three to five times a year.
Mar. 19: Rangers investigated a 'gunshots heard' call at Foothills OSP. Santa Clara SO said they did not
have a unit available to respond. Rangers did not locate any vehicles or people. They met
briefly with Palo Alto PD who also responded. T. Karnofel, M. Ken.
Mar. 29: K. Miller stopped a visitor with a dog in a prohibited area at Ranch San Antonio OSP. The
visitor stated she was cited five years ago and isn't' going to waste gas and time to go to an area
where dogs are allowed. A citation was issued.
Mar. 31: A man sustained head and back injuries from a fall in the Devils Canyon area of Long Ridge
OSP. The victim was determined to be a felon who was wanted on a $500,000 warrant. He was
thought to be armed and suicidal. A felony car stop/search was made by San Mateo Sheriffs
deputies on the man's van, that was parked on Skyline near Portola Heights Road. It was
determined that the victim had already been transported by a Portola Heights resident to Saratoga
Summit CDF station for treatment and he had then been transported by ambulance to the
hospital.
HOMEOWNERS ENSURING LOCALE PRESERVATION
—77
' �► �- -
��R
Date: 4/9/98
f r riSULA CE D STRICZ I
Dear Sir/Madam,
I'm writing YOU today to inform you of troubling loss of open space that is about to occur
in the coastal town of El Granada, and to ask your organization for any advice, assistance,
or support that you might be able to provide us in our efforts to preserve all or at least
portions of this land as permanent open space.
The land about to be lost is a beautiful twenty-two acre parcel in the far Northern part of El
Granada, just east of Highway I. The land is currently owned by the Cabrillo Unified
School District who acquired it back in the 1960's through eminent domain proceedings.
The intent was for the school district to someday build a school on the land. However, late
last year the school district rejected the land as a potential new school site and instead opted
to purchase a 25 acre parcel of land south of Half Moon Bay from Wavecrest Partners
developers.
Rather than purchase the Wavecrest parcel outright, our school district has structured a
complex "land-swap" deal whereby, only a portion of the asking price will be paid to the
developers, but in addition, the district will transfer title of the 22 acre El Granada parcel it
owns to the developers with the full intention of developing that parcel for profit.
Furthermore, the school district will be deriving a percentage of future profits from
development of the El Granada parcel, and thus, are retaining a strong interest in
development of the land.
As I'm sure you can understand, the potential loss of this beautiful land to more housing
development is extremely troubling. For it is parcels of land such as these that define the
very beauty and character of the area we live in.
What's further troubling is that it is our own school district backing development of this
land. In doing so, they aid the developers in overcoming obstacles to large scale
development of the property. Those of us who attempt to oppose full-scale development of
the parcel will be readily but unfairly labeled as anti-school.
The HELP (Homeowners Ensuring Locale Preservation) organization, of which I arm a
member, was founded by residents of the Mid Coast who oppose this "land-swap" deal. At
the heart of our efforts is the simple belief that our public school district's job is to educate
our children, not to partner with developers to build residential housing in our
neighborhoods. We feel that a school district partnering with land developers is it
precedence that everyone should be concerned about.
I
As you can appreciate, we have a tough hill to climb in our efforts to retain all or at least
portions of this El Granada parcel as open space. Land developers have many resources at
their disposal to push through their Plans.
We are Contacting your organization in the hope that you ran help our group in its efforts.
We would be grateful 1'01'any assistance or suPPort you might be able to offer.
Thank You,
David Co 11
dcollry -Idesigll.com
P.O.Box 474
El Granada, CA
94018
Member of Homeowners Ensuring Locale Preservation (HELP)
2
e ne day, ar.'t 1098 H LP MOON SAY REVIEW
{ a rill o s 0
U11
n, I
US1es �:.
`'. w 1 ''. , ^ I. � � "� '•')'"(li I 1�1/'lp'''I!. + ` >'.rP; {a(a�f, tir'I • �, �{��y{t (I',.� ,7j.r r.
1i+ 1 h 1" ^ \ !..7yAMC
+Xn ,lone of 169 us wtth.�535 rrii
ilton In
'taxpayer'•money, Cabrillo Unified School District
.trustees set out to find a place on the Coast to
build a new 1 r,middle school. � . - M►5.' . '
More n`. .,than a year and .•�..,. .; •�'• S., ! �;}'
a half later, trustees have done that and o ;, �;�, 1011OR t r
more, to much
In jd'dition to locating a parcel Ins the undeve
loped 'North ,Wavecrest area north of Qcean ,' "' ;� f� ►;, , ,tf �r''1 '
fifi
olony;•trustees,have devised a plan. to swap'h,
ce :of district land In•EI, Granada,:for'is •cut
ric P'n the Wavecrest'.,paicel. Nort ` Marc DesJardins ;,
� P ''Wavecrest
•D �•.. ' ' "•k • i'.i1 `�4+i'. M?',MIS i'..., xf 1, ,
�► 1' .;;Tanners ,would then'develop homes on the ti22 acre : 0 '' ^p• 'A:.
'i �:-El 'Gr`anada site and ,the district old�,�bare''iR ;� ' built.for the school district,•to reap profits4io
t : „1_ ' k: }.'the deal?;And Just J�ow,`much are these ,,u h�he profits. " .h::ti;y r,. :r +�"
' + - istrict trustees should`n � ��` I- :.ballyhooed,profits.iOpposed, to,be?-Do Wsfeererriain rn usiness knows s' > t" ' . ` �w afeation,randpursue theWavecrestsiic'♦vith µ 1 `'4'"' `," 'y'1'' `r- ^:
, ■ Value. ;The .value,of a ydistrict properjy+
*out the peripheral deal'involving`the Mid Coast difficult to Just in'dollar e'n
r and.#.�yx�`'r i ,�{• �, i i 4 ;r ?A', ,�'* ;;
t ."E1 �i S �"n1 K 1tivt.�yA�Y of Y ��J cents. h + A
! The!'proposed school site deal has-a histo f'• "',!.;ti.::d'�r`•,: ';!, ,
%worth repeating. Trustees started looking for al `'t�A"' During the past month, trustees have repeat
g pointed to the supposed value of the financial
new middle school site in '1.996. They publicized benefits,to the district, but there is another value-
meetings,
let people know that decisions were to consider. Coastsiders like their open space'and'"
being made and that trustees wanted help. The are fighting to reduce the number of homes th.
.board did a commendable job of soliciting input. can be built'here, not allow more.'The community
" That earlier debate, however, focused on the
places a high value on keeping land undevelo .•
oration of a school. There has been considerably1�•,�
How does that factor in the district's financial 4ess public discourse on the land swap itself and equation? -
A I ,i whether'residents think it is appropriate to use Trustees,-meanwhile, are saying in'effect that fi.,school district property—land that is:ostensibly by building more homes they can help make the
j. . .already',owned by the public—for residential .�
I schools better. But those.homes may.never`be;gL
developmentfto.'produce:.profits for the school bwilt if'this deal does :not gc through;and *thatxY
%
' diStrict.,,c.f,1{;'.rrl V, h :}. r;
I ' too is good fora crowded :school district" .
+The school )deal'fails for .number.-of reasons:
t■ Money Trustees Most importantly, school board.trustees~were.
y•._ point`to the •money the not elected to do this kind bf,,work.-Would it r 1. z oo
make-=with this deal ! ro '' atcl
p ,per dor. a local sewer. water district 'to.build ear' money:thaC.could then„be used to provide better ' a � •
p horill 'hand it owns if tt were to redo �•1 is s
ewer .
ss�� acihties for'Coastside'students. Its true,that Cali 'r. , . r
ornia'shortchanges school.districts es eciall 'in ar. ,water"Zbills?: Vo. r; ,�, i Foul
g ; f p Y.;t ,,y~Cabrillo�+.inyf lvement with this Viand d tSs r V efor
,re aid ta�facilities , unding..;However, voters agree- ,'.Q? < .
g up a Pandora s box of questions bf�, he ae�ation=�&
n1 ..d .to,tax;themselves a ear'.and ,a half a o to .the
�� ; . •�' =t } Y g ship.between a public agency,and aifor- raft +' + .Pre
*tune nf. 35}ariihion for the -eicpress reason`of P:
; � , developer and puts desidents who~ poser a eal
building:new, C11001.'"WOUId•the bond'have
''�' °� �'' .in a tough spot. Oppose third, ey.', . `old L `tE"Bi
'passed ifavoters tiad.:bcen.:told that'the'.deal .. ania
7 and ,you're-against'.the rids, '
t r. pncYuded a�pa[tnerShip~with tpnvatcdeveloper to Ttiere"are plenty of,6i eI ' i si1o'ok' o :�. n ine
uiid new• housing on district-owned,property? No. develop .the;coast solely for "`fit;^ritioil-
. , ma
Secondly, how many•liome� �would:h, vet ' Y
4 1• tH ,r }�o be district shouldn't Join the
t , :tg�.�+1 T�'. ygV�,1P 4i� d t � J':
� �' ' { .��PS 1'y/ yam.{ , ,, t) } •(/ { • '"
r<� { 1.�►' Ar* ''
:Le ters '�tb 'l ,i
r ,y '�• h e 'k.e d�(torg "
parSarls.l;� ork ;owned and operated by Coast- iitltt O66ent 'JT '' '
The to land
+ slders. These are the parents'pf;..,��trust"dQlersto�prlvate;honprofit eudtal
is preciated the children your chlldreri play '_Inrndnlratl'nn ,..
RegPionalf t e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
DATE: April 8, 1998
TO: Craig Britton
FROM: Malcolm Smith
SUBJECT: Analysis of Inquiries to the District
As you know, we track information requests received by the District. These information
requests include phone calls, faxes, e-mails, letters, drop-ins, and newsletter subscription
requests.
Attached are pie charts showing the sources that people use to get information about the
District, as well as the geographic distribution of people contacting the District for
information.
The total number of information requests received by the District for fiscal year 1997-
1998 was 4,144, up approximately 26-percent from the last fiscal year. From within the
District only, the total was 2,748, up approximately 32-percent from last fiscal year.
Other breakdowns of these statistics include inquiries sorted by cities, by counties, and by
ward.
330 Distel Circle Los Altos CA 94022-1404 Phone: 650-691-1200
FAX: 650-691-0485 - E-mail: mrosd@opensl)ace.org openspaee.org Web site:www.openspace.org
Board of Oirec'tors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smemoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz m General Manager:L.Craig Britton
Sources of It.—mation About the District-April 1 1997-p Mares.. ,,1, 1998
Total of 4,144 Inquiries q s Received(up from 3,282 last fiscal year)
Docent Hikes District Periodicals Art&Wine Festivals
0
7% 8!0 1%
Nature Center Displays/Events/
120 Presentations
3% Chambers of Commerce
<1%
Personal Referral
10%
Newspapers/Magazines/
25th Anniv. Mailing Books/Media
21% 8%
Random Mailing
11%
Preserve posting
1%
Visitors Map
4%
Other(repeat visitor
bike club/shop, sierra Webs ite/I nternet
club, scouts, maps, drive- 14%
by)
8%
Page 2
Sheetl
Geographic Distribution of Inquiries to the District
Sorted by Region, Total of 4,144 Inquiries Received
Outside Bay Area
3% Outside California
2%
Outside USA
<1%
i 8
Bay Area
95%
Page 2
' SFeett
Geographic Distribution of Inquiries to the District,Sorted by County
Within Bay Area Only, Both Inside and Outside District
3,949 Inquiries in this Category of 4 144 Total q 9 rY( � Inquiries)
San Mateo County(within Alameda County 2%
District) Santa Clara County
1 gala (outside District)
19%
Contra Costa&
Marin Counties
<1% Each
San Mateo
County
(outside District)
9%
Santa Cruz
County
1%
San Francisco
County
3%
Santa Clara County
(within District)
47%
Page 3
Sheet?
Geographic Distribution of Inquiries to the District
Sorted by City,Within District Only
2,748 Inquiries in this Category (df 4,144 Total Inquiries)
Cupertino Atherton
6% 1%
Menlo Park
12%
Sunnyvale San Carlos
14% 3%
Portola
Valley
2%
edwood
Saratoga City
5% 8%
East Palo
Alto
<1%
Woodside
2%
Palo Alto Los Altos
7%
14%
Los Altos Hills
1%
Los Gatos
7%
Monte Sereno
Mountain View 1%
17%
Page 4
Geographic Distribution of Inquiries to the District
Sorted by City,Within District, San Mateo County Only
794 Inquiries Received (of 4,144 Total Inquiries)
Woodside 7% Atherton 5%
East Palo Alto
1%
n�
Redwood City
29%
Menlo Park
40%
J-Y�
Portola Valley
6%
San Carlos 12%
Geographic Distribution of Inquiries to the District
Sorted by City, Outside District, San Mateo County Only
358 Inquiries in this Category(of 4,144 Total Inquiries)
S San Francisco El Granada La Honda
Brisbane
2% 1% 2% 60
Belmont
' 12%
Moss Beach
1%
San Mateo
32%
Burlingame
8%
Daly City
2%
i
Foster City
Redwood Shores >, 8%
1%
Pacifica
San Bruno
" Half Moon Bay
5% Milbrae Hillsborough 8%
6% 3%
Page 5
Slce>t'
Geographic Distribution of Inquiries to the District
Sorted by City,Within District Santa Clara County Only
1,954 Inquiries Received(of 4,144 Total Inquiries)
Los Altos
Cup,yjtino 9%
Los Altos Hills
2%
\ Los Gatos
Sunnyvale `� 9%
20%
Monte Sereno
1%
Saratoga Mountain View
°
23%
i
Palo Alto
0
Geographic Distribution of Inquiries to the District
Sorted by City,Outside District,Santa Clara County Only
801 Inquiries Received (of 4,144 Total Inquiries)
Gilroy<1%
Campbell
18%
Santa Clara
31% Milpitas
1%
Morgan Hill
1%
r
t
it
San Jose
49%
Page 6
r
Sheetl
Approximate Geographic Distribution of Inquiries to the District
Sorted by Ward
2,748 Inquiries in this Category(of 4,144 Total Inquiries)
Ward 7-Nitz
12% and 1-Siemens
13%
tt
53Dipu�t€
Ward 6-Crowder Ward 2-Davey
17% 15%
�a
Ward 3-Cyr
12%
Ward 5-Hanko �
14% i
Ward 4-Smernoff
17%
Page 7