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HomeMy Public PortalAbout19860409 - Agendas Packet - Board of Directors (BOD) - 86-08 Meeting' 86-08 M . ._ NOM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING Wednesday BOARD OF DIRECTORS 375 Distel Circle, D-1 April 9, 1986 A G E N D A Los Altos, California (7:30)* ROLL CALL WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS ADOPTION OF AGENDA BOARD BUSINESS (7:45) 1 . Resolution of Support for California Trail Days -- D. Hansen Resolution Supporting the First California Trail Days, April 19 and 20, 1986 (7 :50) 2. Proposed San Mateo County Ordinance Outlawing Sale and Use of Fireworks --H. Grench j i (7 :55) 3. Support of Proposition 43 -- H. Grench Resolution Supporting Proposition 43 Which Places Before the Voters of California on June 3, 1986 a Bond Measure to Provide Funding for Parks, Recreation and Open Space for Development, Restoration, Land Acquisition and Other Related Purposes (8:00) 4. Appointment of Auditor for 1985-1986 Fiscal Year -- M. Foster (8:05) 5. Scheduling of Additional Meeting in April -- H. Grench (8:10) INFORMATIONAL REPORTS CLAIMS CLOSED SESSION (Land Negotiation, Litigation and Personnel Matters) ADJOURNMENT TO ADDRESS THE BOARD: When an -item you'Ae concerned with appeatus on the agenda, the ChaiA witt .invite you to add&uz the Board at .that time; on otheA matteu, you may addnez.b the BoaAd undetc UAat Communri.cationz. (An atteAnati.ve iz to comment to the Board by a WA teen Communica- tion, which the BoaAd appreciates. ) Each speaheA witt otdinatiZy be ti.mited to 3 minutu" When Aeeogn.ized, please begin by stating youA name and address. We Aeque�st that you bitt out the 4olam provided and ptesent it to the Recording Sectetary 6o that youtc name and addAas can be accuAatety .ince.uded in the minutes. *Times are estimated. Agenda is subject to change of order. NOTICE OF COMMITTEE MEETINGS The Budget Committee will meet at the District office at 4:15 P.M. on Tuesdays, April 8, 15, 22 and 29 to discuss preparation of the budget for the 1986-1987 fiscal year. NOTICE OF SPECIAL HEARING There will be a Public Hearing at 7:30 P"M. , April 23 at the District office to consider Ordinance Adopting Policies Regarding Use of Eminent Domain and questionnaire regarding other land acquisition policies. THE PUBLIC IS INVITED TQ ATTEND Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin RESPONSE ACTION PROPOSE, STAFF WRITTEN COMMUNICATION Board President Acknow. Respond Meeting 86-08 Director Acknowledge/Respond April 9, 1986 _ Staff Acknowledge/Respond f Y Draft Response Attached !I _ Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) Other Board of Directors Mid Peninsula Open Space Distri L 375 Distel Circle Los Altos, CA 94022 Members of the board, 20 Mar 1986 Trails and roads of special scenic value have recently been lost in Santa Clara County. The ridges from Mt. Umunhum and Mt. Loma Prieta south to Mt. Madonna park have been closed and blocked by steel gates with private property signs. The people who claim these roads are hostile and threatening and affect the frontiersman image. I was saddened by the narrow minded and shortsighted treatment of this area by -the county. I have hiked and bicycled these mountains for more than twenty five years and have enjoyed the magnificent vistas in all seasons. When the roads were closed, I thought it was for the purpose of protecting the terrain trom all wheel drive vehicles. Only now did I discover that these roads are no longer accessible to the public. I believe that this loss of access is a significant precedent that should not be allowed to stand. Further, I believe that ultimately these mountain ridges should remain open space not only for esthetics, but also for economic reasons. Environmental damage resulting from construction on steep terrain and the financial burden for taxpayers to support utilities for such marginal residences is far greater than the cost of maintaining this as open space. From casual observation, it appears that the structures and mobile housing presently used by the residents do not conform to county health or building standards. There is little water on the ridges and no sign of proper sewage management. By the attitude and appearances of some dwellers, I suspect that they may have chosen this area less for its natural beauty than the remoteness from observation of their activities. This is not a good environment for the future island of open space on Mt. Umunhum. I urge you to consider this a high priority open space goal and focus appropriate attention through the members and by direct action with the county. Sincerely, Jobst Brandt 351 Middlefield Rd. Palo Alto, CA 94301 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 DRAFT FOR BOARD REVIEW Mr. Jobst Brandt 351 Middlefield Road Palo Alto, CA 94301 Dear Mr. Brandt: Thank you for your recent letter expressing your interest in the Mt. Umunhum area and concerns regarding inaccessibility of certain roads and trails. The District's Board of Directors considered your letter at our April 9 meeting. The District shares your enthusiastic interest and fully recognizes the unique open space values of these lands. Over the past few years, we have embarked on a program to acquire and preserve as much of this area as possible. There is now a total of 2285 acres of open space in the Mt. Umunhum Area of the Sierra Azul Preserve which now encompasses properties extending from Hicks Road to the top of Mt. Umunhum. The trail and road system on the Preserve is being expanded as various proper- ties are acquired. In fact, the most recent acquisition in progress, the former Almaden Air Force Base, includes the addition of Mt. Umunhum Road which will ensure public rights from Hicks Road to the top of the mountain. At this time, all of the trails and roads on the Preserve are open to the public for hiking and riding. When the acquisition of the Air Base property is com- plete, Mt. Umunhum Road will also clearly be accessible for public access as far as the upper gate near the structural facilities. The area immediately sur- rounding the buildings will be temporarily closed during a two year planning phase in an attempt to minimize security problems. Our planning process for the Mt. Umunhum Area will be underway by this fall, and we will be encouraging public involvement through a series of workshops and hearings. We have added your name to our mailing list so that you will be notified of these meetings, and we hope you will attend. We look forward to your continued support in our endeavors to preserve this beautiful area for the public enjoyment. Sincerely, Edward Shelley, President Board of Directors ES:ej cc: MROSD Board of Directors Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin *40. MIDPENINSUIA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 D R A F T Board of Supervisors San Mateo County County Government Center Redwood City, CA 94063 Dear President Eschoo and Members of the Board: At our April 9 , 1986 Board meeting the Board of Directors of the Midpeninsula Regional Open Space District considered Supervisor Nolan's proposed ordinance banning the sale and use of fireworks in unincorporated areas of San Mateo County. The District already has a ban against use of fireworks on District lands . Our Board voted unanimously to support the ordinance. District foothill preserves get a lot of use on the evening of July 4 for viewing displays along the Bay plain, and our Rangers are out in full force to protect the safety of the public and of District lands. July, of course, is a month of high fire hazard. (Use of fireworks is a regular, but lesser, problem at other times of the year. ) Because some members of the public want to light fireworks as well as to view them, the Rangers have a busy and sometimes difficult time. Especially difficult are situations where the incidents occur near the edge of District lands , and it is unclear as to whether or not they occurred on or off District lands . It would be very helpful , therefore, if our Rangers could enforce, and possibly cite under, both a County ordinance, which they are empowered to do, and the District regulations . We urge you to adopt the proposed ordinance. Sincerely yours , Edward Shelley President Board of Directors ES :ej cc: MROSD Board of Directors Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin ,hill) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 DRAFT FOR BOARD REVIEW Mr. Ross Henry Executive Secretary Department of Parks & Recreation State of California Recreational Trails Committee P.O. Box 2390 Sacramento, CA 95811 Dear Mr. Henry: Thank you for your recent letter regarding the use of eminent domain for trail acquisition. Tony Look presented the Committee's position at the March 19 meeting of our Land Acquisition Policy Committee and followed up a with the Committee on April 2. The full Board will be considering policies regarding use of eminent domain at an April 23 public hearing at 7:30 P.M. at the District offices. You are invited to participate. Written comments for that meeting must be re- ceived at the office by 5:00 P.M., April 17 to be included in the meeting packet. Sincerely yours, Edward Shelley, President Board of Directors ES:ej cc: MROSD Board of Directors California Recreational Trails Committee Herbert A.Grench,General Manager Board o/Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin WRITTEN COMMUNICATION Meeting 86-08 April 9 , 1986 STATE OF CALIFORNIA--RESOURCES AGENCY GEORGE DEUKMEJIAN,Governor DEPARTMENT OF PARKS AND RECREATION RECREATIONAL TRAILS COMMITTEE P.O.BOX 2390 SACRAMENTO 95811 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond (916) 322-7384 Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(s) MAR 2 6 1986 Other Board of Directors MidPeninsula Regional Open Space District 375 Distel Circle Los Altos, CA 94022 Dear Board of Directors: The California Recreational Trails Committee recently sponsored a trail conference in Asilomar to discuss statewide trail issues. Over 50 delegates participated, representing trail organizations from throughout the State. During the conference, there was a discussion regarding the issue before your Board to eliminate the power of eminent domain authority for the acquisition of trails. The consensus of the members of this conference (see attached list of participants) was that the power of eminent domain is a critical tool for a successful trail program. The District owns several large open space areas which can easily be connected by trail corridors. Such trail connectors,, however, may be lost because of unwilling sellers. The con- ference recommends to your Board that you retain the right of eminent domain to acquire critical trail links within the MidPeninsula Regional Open Space system. Sincerely, Ross T. Henry Executive Secretary Attachment 1986 California Recreation Trail Conference Connie Berto Bill Dempsey Bridge Ride Committee Trust for Public Land California Endurance Team , Inc . 82 Second Street 70 Crane Drive San Francisco, CA 94105 San Anselmo, CA 94960 (415) 495-5660 (415 ) 454-2923 Jim Bickhart , Jr . Bob Doyle California Recreational Trails East Bay Regional Park Dist . Committee 11500 Skyline Blvd. Oakland, CA 94619 P .O. Box 5864 Santa Monica, CA 90405 (415) 531-9300 ( 213) 399-3921 Pena Dwinger Bill Bliss Equestrian Trails , Inc . California Recreational Trails 13376 Sayre Street Committee Sylmar, CA 91342 1849 Dry Creek Road ( 818) 362-6$19 San Jose , CA 95124 Larry Faber (408) 377-4776 MidPeninsula Trails Council 3127 David Avenue Ilse Byrnes Palo Alto , CA 94303 California Recreational Trails Committee P .O. Box 1029 John Fiske San Juan Capistrano , CA 92675 Mariposa County Trails ( 714 ) 493-4222 9618 Bondurant Mine Road Phyllis Cangemi Coulterville, CA 95311 Community Access Network and ( 209) 878-3619 Whole Access Project Katherine Gould-Martin 517 Lincoln Avenue Los Angeles Forest Committee Redwood City , CA 94061 of the Sierra Club (415) 363-2647 2313 Amherst Avenue George Cardinet , Jr . Los Angeles , CA 90064 Heritage Trails Fund 5301 Pine Hollow Road Samantha Graff Concord, CA 94521 Tahoe Rim Trail (415 ) 672-5072 P .O. Box 7241 South Lake Tahoe , CA 97531 Harry Dean, Jr . ( 916) 577-06?6 San Mateo County Planning and Development David Hansen County Government Center MidPeninsula Regional Open Redwood City , CA 94063 Space District (415) 363-4020 375 Distel Circle , Suite D-1 Los Altos , CA 94022 (415) 965-4717 Janet Heimann Bob Kirsch Folsom Lake Patrol Santa Cruz Mountains Trail 9430 Oakleaf Way Association Roseville , CA 95678 c/o P .O. Box 1141 (916) 791-0025 Los Altos , CA 94023 Ross T . Henry Executive Secretary Art Kramer California Recreational Trails County of Mendocino Committee Dept . of Parks and Beaches and P .O. Box 2390 Northern California Trails Sacramento , CA 95811 Council (916) 322-7384 559 Low Gap Road Ukiah , CA 95482 Honorable Charles Hostler (707) 468-4267 State Park & Recreation Commission 9580 Black Mountain Road, Suite H Tony Look and Mildred Look San Diego, CA 92126 California Recreational Trails (619) 578-6421 Committee P .O. Box 1141 Joe Inch Los Altos , CA 94022 California Recreational Trails (415 ) 968-4509 Committee 4137 East & 7th Street Eugene Marquart Long Beach , CA 90804 Insurance Officer ( 213) 433-2562 926 J St . , Suite 615 Sacramento, CA 95814 Charles B. Jones Big Santa Anita Canyon Historical Society and Diane McMillan The San Gabriels Trails County of Lake Committee Department Canyon Blvd. Department of Public Works 11216 j Courthouse Tujunga, CA 91042 255 N . Forbes St . ( 213) 359-5511 Lakeport , CA 95423 (707 ) 263-2341 Thomas Johnson California Recreational Trails David Moore Committee San Mateo County P .O. Box 675 590 Hamilton Kernville , CA 93238 Redwood City , CA 94063 (619) 376-6723 (415) 851-0326 Nancy Kaiser Roger Moore Parks and Recreation Appalachian Mountain Club Sacramento County 5 Joy Street 3711 Branch Center Road Boston, MA 02108 Sacramento, CA 95827 (916) 366-2061 f Vie Obern and George Obern Nancy J. Ross Santa Barbara Co . Trails Council Recording Secretary 4140 Marina Drive CA Recreational Trails Committee Santa Barbara, CA 93105 P .O. Box 2390 ( 808) 682-3175 Sacramento, CA 95811 (916) 322-7384 Linda Palmer Santa Monica Mountains Trails Council Sally Ryser 24735 Mulholland Highway Pine Ridge Association Calabasas , CA 91302 15225 Perry Lane ( 213) 888-9830 Morgan Hill , CA 95037 (408) 779-7582 Kay Petersen City of Lafayette Parks and Renee Shepard Recreation Commission Santa Cruz County Horsemen' s 36 Deer Trail Association Lafayette , CA 94549 7389 W. Zayante Felton, CA 95018 (408) 335-5400 Russell Porter Grants Administration Jim Shiro CA Dept . of Parks and Recreation U.S . Forest Service P .O. Box 2390 630 Sansome Street Sacramento, CA 95811 San Francisco, CA 94111 (916) 445-0835 (415) 556-6983 Dick Pryor Maxine Spellman Tahoe Rim Trail. California Coastal Conservancy P .O. Box 7241 1330 Broadway, Suite 1100 South Lake Tahoe , CA 95731 Oakland, CA 94612 (916) 577-0676 (415) 464-1015 I Lewis C . Reed Pat Stebbins San Mateo County Horsemen' s Assoc . California Coastal Commission and Los Viajeros Riding Club 631 Howard Street , 4th Floor 225 Lindenbrook Road San Francisco, CA 94105 Woodside , CA 94062 (415) 543-8555 (415) 851-1714 David Sutton Warren L . Rogers T .V. I .C . Pacific Crest Trail Conference 4898 E1 Camino Real , 205A P .O. Box 1907 Los Altos , CA 94022 Santa Ana, CA 92702 (415 ) 968-7065 (714 ) 540-6828 Jon Toste Mary E . Rogers Marin Coastwalk Pacific CrestClub 1451 Nye Street P .O. Box 1907 San Rafael , CA 94901 Santa Ana, CA 92702 (415) 258-9459 (714 ) 540-6828 i i I a Karel Waugh Cindy Quarton Summit Riders Horsemen' s Peninsula Open Space Trust Associaton 300 Sand Hill Road 24766 Skyland Menlo Park, CA 94025 Los Gatos , CA 95030 (415) 854-7696 (415) 353-1466 Fran Stevenson and Jim Whitmer Gail LaRoque Christensen & Whitmer Insurance Los Altos Hills Pathways Committe and Brokers 26989 Beaver Lane 20315 Ventura Blvd. , Suite 200 Los Altos Hills, CA 94022 Woodland Hills , CA 91364 Alex Young Don Weden Bureau of Land Management Santa Clara County 2800 Cottage Way 70 W. Hedding Street Sacramento, CA 95825 Santa Clara, CA 95110 (916) 978-4730 (408) 299-2323 Daily Attendees: Sybil Chappellet-Epps California Recreational Trails Committee 6006 San Antonia Ave Carmel , CA (408) 624-8319 Sylvia Ferguson Companions of the Trail 707 Continental Circle , Apt . 1414 Mountain View, CA 94040 Mr . Greg Gilbert California Coastal Trails Foundation P .O. Box 20073 Santa Barbara, CA 93120 Carolyn Lekberg MidPeninsula Trails Council 1509 Mallard Way Sunnyvale , CA 94087 (408) 737-2763 Mr . Tom McFarling Sonoma Coastwalk 2126 Orchard Street Santa Rosa, CA 95404 I M-86-35 (Meeting 86-08 April '9, 1986) AW MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 2, 1986 TO: Board of Directors FROM: H. Grench, General Manager RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Nicholas, Coordinator of Volunteer Programs SUBJECT: Resolution of Support for California Trail Days Background: For the past sixteen years, the Sempervirens Fund and the Santa Cruz Mountain Trails Association have been sponsoring a Trail Days program at Castle Rock and Big Basin State Parks in the spring of each year. This has been a one weekend a year program to encourage volunteers to build and maintain trails in parks and has had varying turnouts each year, ranging from over 2000 volunteers in the initial year to 200 in recent years. Last year, over 500 attended on two separate weekends. For the last few years, the Midpeninsula Regional Open Space District has also participated in Trail Days and has had successful projects on several Preserves. The Trails Information and Volunteer Center (TIVC) has taken over the coordination of the Santa Cruz Mountains Trail Days and is coordinating this year's events on April 19 and May 3. District projects are planned on the Fremont Older and Purisima Creek Redwoods Open Space. Preserves through the TIVC. Of major significance, and through a recommendation from the California Recreational Trails Committee, is the fact that Governor Deukmejian has declared April 19 and 20 as California Trail Days (see proclamation attached) . The District is an official sponsor of a California Trail Days project with our work being handled through the TIVC and District Ranger staff. Your resolution supporting the First California Trail Days would be helpful in fostering publicity and further support. Recommendation: 1 recommend that you approve the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the First California Trail Days on April 19 and 20, 1986. � RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE M|DPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING THE FIRST CALIFORNIA TRAIL DAYS, APRIL 19 AND 20* 1986. � WHEREAS, the MidpanYnsula RegYcmeY Open Space District is blessed with outstanding natural beauty in its Preserves, which are accessible to residents of the District and other visitors alike through a growing trail network; and � WHEREAS, much of the maintenance and construction of the District's trail system is dependent on the hard work and dedication of volunteers; and � WHEREAS, trail maintenance and construction is especially important during early spring in preparation for heavy use during the months following; and ' WHEREAS, the MTdpenlnsula Regional Open Space District has been an official sponsor of the Santa Cruz Mountains Trail Days for several years and is now a sponsor of two projects for the 1986 California Trail Days in honor of those volunteers who give freely of their time and effort to create and | maintain trails used by the public, NOW THEREFORE, BE IT RESOLVED that the MldpenYnsula Regional Open Space District Board of Directors recognizes, appreciates, and supports the continued growth and maintenance of the District's beautiful trail system as well as other systems throughout California through establishment of the California Trail Days, as proclaimed by Governor Deukmejian for April 19 and 20" 1986. � � � � .w i[w M J K Ka. SI Kw w Kr. w K Kd. o Yw L K4 SI ���w iy rw y�a y EXECUTIVE DEPARTMENT STATE OF CALIFORNIA K r XX a� T A PROCLAMATION by the Governor of the State of California ; K WHEREAS, California is blessed with beautiful parks that are accessible to residents and tourists alike through our state's trail system; and0 WHEREAS, the maintenance of our trail system is largely dependent on the hard work and dedication of volunteers; and WHEREAS, trail maintenance is especially important during the spring in preparation for heavy usage during the summer season; and WHEREAS, the Department -of Parks and Recreation and the California Recreational Trails Committee is sponsoring California Trail Days in honor of those volunteers who give freely of their time and effort to create and maintain recreationai trails used by the citizens of California; and WHEREAS, it is appropriate that all Californians recognize, appreciate and support the continued maintenance of our state's beautiful recreational trails; NOW, THEREFORE, I, GEORGE DEUKMEJIAN, Governor of the State of California, do hereby proclaim Apri: 19-20, 1986 as California Trail Days. NSF ~�''� IN WITNESS WHEREOF I have hereunto set my hand ,% �, and caused the Great Seal of the State of ICA �r California to be affixed this 3rd day of March :A", FIR =m Governor of California 44 t z; ATTEST: = P. Secretary of State C LI FORNY M-86-34 (Meeting 86-08 April 9 , 1986) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ME MORANDUM April 2 , 1986 TO : Board of Directors FROM: H . Grench , General Manager SUBJECT: Proposed San Mateo County Ordinance Outlawing Sale and Use of Fireworks Recommendation : I recommend that you authorize the President of the Board of Directors to sign the attached letter supporting the pro- posed San Mateo County Ordinance which would outlaw the sale and use of fireworks in unincorporatedareas . Discussion : Attached is a letter dated March 20 , 1986 from San Mateo County Supervisor Nolan which Director Hanko received and brought to your attention at your meeting of March 28. Our Board decided subsequently to place this matter on the April 9 agenda for consideration . For reference , the Santa Clara County Board of Supervisors passed a similar ordinance in 1977 which essentially prohibits the sale , possession or use of fireworks in unincorporated areas of Santa Clara County . To date , Gilroy and Los Altos are the only two remaining cities in Santa Clara County which do not prohibit the sale , pos- session or use of fireworks . Informal discussions with fire prevention officials from both the Central Fire Protection District and California Department of Forestry indicate that the incidence of fireworks-related injuries and property damage is appreciably lower in areas where the sale , possession or use of fireworks is prohibited by law and aggressively enforced . Use of fireworks on District lands is banned by District regulations . We find that some District sites both in the foothills and Skyline areas are very popular on the evening of July 4 for viewing fireworks displays on the Bay plain . Inevitably , some of the viewers also wish to light fireworks , and our Rangers , virtually all of whom are on duty that night, have a busy and sometimes difficult time in protecting the safety of visitors and District lands . July , of of r are incidents m th o high fir hazard There course , is a on f h e 9 lighting of fireworks at the fringes of District lands where it is not always clear whether the occurrences are on or off of District lands , a difficult enforcement situation . Whether on or off, public safety and certainly safety of District lands could be threatened. Use of fireworks is a real but lesser problem at other times of the year. f i i M-86-34 Page two It would be very helpful to our Rangers if use of fireworks were prohibited in unincorporated areas of San Mateo County. They could then enforce and cite , if necessary , under County ordinance and District regulations in either county. District Legal Counsel has reviewed the proposed ordinance and saw no problem with it. According to his aide , Supervisor Nolan is hopeful that adoption of a County ordinance will help convince the cities of Pacifica , Daly City , South San Francisco , and San Bruno to adopt a similar ordinance , as have the rest of San Mateo County cities ( see attached article ) . -Nil1 , �. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 D R A F T Board of Supervisors San Mateo County County Government Center Redwood City, CA 94063 Dear President Eschoo and Members of the Board: At our April 9, 1986 Board meeting the Board of Directors of the Midpeninsula Regional Open Space District considered Supervisor Nolan's proposed ordinance banning the sale and use of fireworks in unincorporated areas of San Mateo County. The District already has a ban against use of fireworks on District lands . Our Board voted unanimously to support the ordinance. District foothill preserves get a lot of use on the evening of July 4 for viewing displays along the Bay plain, and our Rangers are out in C full force to protect the safety of the public and of District lands. July, of course , is a month of high fire hazard. (Use of fireworks is a regular, but lesser, problem at other times of the year. ) Because some members of the public want to light fireworks P g as well as to view them, the Rangers have a busy and sometimes difficult time. Especially difficult are situations where the incidents occur near the edge of District lands , and it is unclear as to whether or not they occurred on or off District lands . It would be very helpful, therefore, if our Rangers could enforce, and possibly cite under, both a County ordinance, which they are empowered to do, and the District regulations . We urge you to adopt the proposed ordinance. Sincerely yours , Edward Shelley President Board of Directors ES:ej cc: MROSD Board of Directors Herbert A.Grench,Genera/Manager Board of Directors:Katherine Duffy.Nanette G.Hanko,Teena Henshaw,Richard S.Bishop,Ea.and G.Shelley,Harry A.Turner,Daniel G.Wendin Supervisor -10n-i Nolan North County 873-1800 Central County 573-2222 South County 363-4570 Coastside 726-5581 Richard L.Silver kjz-xN MATED Administrative Assistant A C0 U_ NTY OF Diane Breslow COUNTY GOVERNMENT CENTER - REDWOOD CITY CALIFORNIA 94063 Administrative Secretary March 20, 1986 Nonette Hanko, Director Mid-Peninsula Regional Open Space District 3172 Emerson Palo Alto, CA 94306 Dear Friend: As you and your organization may be aware, I am planning to introduce a County Ordinance to outlaw the sale and use of fireworks in the un- incorporated areas of San Mateo County. Enclosed is a copy of the proposed ordinance. Please review it and let me know your feelings and the feelings of your organization. Hopefully, the new county ordinance will serve as a catalyst to the cities in the county who still allow the sale anduse of fireworks. I look forward to hearing from you soon. Cordially, TOM NOLAN Supervisor, San Mateo County db enc. ORDINANCE NO. BOARD OF SUP::RVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA AN ORDINANCE REPEALING SECTIONS 5125.1, 5125.2, 5125 .3, 5125 .4, 51.25 . 5 , 5125 .6, 5125.7 and 5125 .8 FROM AND ADDING SECTIONS TO ARTICLE 6, CHAPTER 2, PART ONE OF DIVISION V- OF THE S N MATEO COUNTY ORDINANCE CODE REGULATING AND PROHIBITING THE SALE AND DISCHARGE OF FIREWORKS The Board of Supervisors of the County of San Mateo, State of California, DO ORDAIN as follows: SECTION 1. Article 6 of Chapter 2, Part One, Division V, of the San Mateo County Ordinance Code commencing with Section 5125 . 1 and proceeding through Section 5125.8 inclusively, is hereby repealed. SECTION 2. Article 6 of Chapter 2, Part One, Division V, of the San Mateo County Ordinance Code is hereby added to read as follows : ARTICLE 6 - FIREWORKS Section 5125 .1. FIREWORKS DEFINED. "Fireworks" is a combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, Daygo bombs, sparklers or other devices of like construction and any device containing any explosive' or flammable compound, or any tablet or other device containing an explosive substance, except that the term "firework" shall not include any auto flares, paper caps containing not in excess of an average of twenty-five hundredths of a grain of explosive content per cap 1, I I Via• w and toy pistols, toy canest toy guns or other devices for use of such caps , the sale and use of which shall be permitted at all times . Section 5125 . 2. PERMITS FOR MANUFACTURING, SALE AND DISCFIARGE. (a) The manufacturing of fireworks and storage and handling of such fireworks in connection with manufacture is prohibited except under such special permits as are required by state and local regulations. (b) Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks, provided that any fire protection district or county fire warden shall have power to adopt reasonable rules and regulations for the the San zeo -.runty Ordinance Coue is read as granting of permits within the geographic area of their respon- sibility and authority for supervised public displays of fireworks by a local government, fair association, amusement park, or other organization, or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Fire Chief of said area or the County Fire Warden, and shall be of such character and so located, discharged or fired so as,- in the opinion of the Fire Chief or County Fire Warden after proper investigation, not to be hazardous to property or endanger any person. (c) Applications shall be made in writing at least ten (10) days in advance of the date of the display to the Fire Chief or County Fire Warden. After such privilege shall be granted, sale, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferrable. y . I . . M Section 5125.3 BOND FOR FIREWORKS DISPLAY REQUIRED. The permittee shall furnish a bond or a certificate of insurance in an amount deemed adequate by the Fire Chief or County Fire Warden for the payment of all damages which may be caused to a person or to property by reason of the permitted display and arising from any acts of the permitee, his agents, employees or subcontractors. Section 5125.4 UNFIRED FIREWORKS. Any fireworks that remain unfired after the display is concluded shall be immediately disposed of in a way safe for the particular type of fireworks remaining. Section 5125.5 EXCEPTION. Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations. Section 5125.6 ENFORCEMENT. (a) Seizure of Fireworks. The Fire Chief, County Fire Warden, or Sheriff of the County of San Mateo, shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this ordiance. (b) Violation of Ordinance as Misdemeanor . Every person who violates any of the provisions of this Ordinance, is guilty of a misdemeanor. SECTION 3. This ordinance shall be in full force and .effect thirty (30) days after its adoption. Welfare of pets cited Supervisor Nolan wants all fireworks banned in SM County -Ay Steve Taylor �i/ ready-illegal pyrotechnics are what Nolan's proposed ban. concerned about fires and injuries adopted an ordinance prohibiting Nolan, a Redwood City resident Times Tribune staff a7 �o really terrify dogs, cats and other If the ban is adopted, it would go caused by improper use of fire- dog owners from carrying their whose 4th District also includes animals. into effect 30 days later— in plen- works, he may be even more con- pets untethered in the backs of Menlo Park and East Palo Alto, Largely for the sake of Fido, The dispute is expected to go ty of time for the Fourth of July. cerned about"what they do to dogs pickup trucks being driven in unin- said he had pledged to seek a ban Spot and other Peninsula pets, Su- public later this week, when Nolan The sale and use of fireworks and cats.It (the Fourth of July) is a corporated areas, Nolan said. in unincorporated areas if the City p,ervisor Tom Nolan wants to ban officially announces his plans and has been banned in every city from very hard time for them." He said he approached the Pen- Council first enacted a ban. the sale and use of"safe and sane" both men mobilize supporters and San Mateo to the Santa Clara Coun- Noting his own pet, a cat named insula Humane Society and other Hewell,who has led some unsuc- brew•orks in San Mateo County's opponents of a proposed fireworks ty line, Nolan said. Peggy, is disturbed by loud noises animal lovers about what else con- cessful fights against fireworks unincorporated areas. ban. In an interview Monday, he said caused by fireworks, Nolan jok- cerned them and was told a fire- bans in Menlo Park and elsewhere But Don Hewell, district manag- The two sides formally will do a similar policy should be institut- ingly called his proposed ban "the works ban was a top priority. on the Peninsula, feels Nolan is ,er of Red Devil Fireworks Co. in battle beginning at 10 a.m. April 8, ed in surrounding areas outside of Peggy Nolan Relief Act." Another concern was the Red- barking up the wrong tree. San Carlos, argues that firecrack- when the Board of Supervisors is city limits. Work on his fireworks-banning wood City Council's decision in cherry bombs and other al- scheduled to consider and vote on Nolan also said that while he is proposal began after the county 1985 to ban fireworks. Please see COUNTY,A-4 Tuesday, April 1, 1986 C^ � /� '�\/ safe-and-sane fireworks would'be (�+) Iv T like Prohibition— it could spur in- creased purchases and use of fire- crackers and the like. Continued from A-3 As a result,the Board of Supervi- Safe and sane fireworks like Red sors would be naive to think that a Devils do not make exploding ban would eliminate fireworks use sounds that frighten pets,he said. in unincorporated areas, he said. Pets are upset by firecrackers, "It (a fireworks ban) is not real. '.not by a family eating watermelon They're just kidding themselves (if and ice cream with some (fire- they enact it)," Hewell said. works) cones that are a tradition in Hewell said he now is preparing this country," Ilewell said. statistics that show property dam- What San Mateo County should age and injuries related to fire- do instead is enforce existing laws works do not change significantly against firecrackers,cherry bombs in communities after safe-and-sane and the like that do explode and fireworks are banned. ii-can cause fires and injuries, He said he believes the data will Hewell said. show that fireworks in general do "Sure pets are upset. I'd be, too, not pose serious problems in- San if someone threw a cherry bomb at Mateo County. me," Hewell said. Hewell met Monday night*wlth "But we're not selling that prod- representatives of commVi ty uct, so why should we be chas- groups that raise funds thr®pgh tised?" fireworks sales to seek thei4.80- Hewell also warned that a ban on port in fighting Nolan's plan.S ; w Mr86~32 � (Meeting 86-08 April qv 1986) K' � MDDPENXNSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 1 ^ 1986 � TO: Board of Directors FROM: H. Qranoh* General Manager � SUBJECT: Support of Proposition 43 � Recommendation: | recommend that you adopt the attached Resolution of the � Board of UIrectors of the MYdpenineula Regional Open Space District Supporting Proposition 43 Which Places Before the Voters of California on June 3° 1986 a Bond Measure to Provide Funding for Parks, Recreation and Open Space for Development, Restoration, Land Acquisition and Other Related � Purposes. � Introduction: Your 1985-86 Legislative Program placed an /Y\m priority on support mf S8 806, authored by Senator Presley and others. This bill , which was successful , places before the voters at the June, 1986 primary election a $100^000,000 bond issue known as the Community Parklands Act of � � 1986. Discussion: The attached information will remind you of the essential features of this measure. According to preliminary information, the MYdpenYnsula Regional Open Space District would be eligible for a block � grant(s) in the range of $880,000 to $900*000. Your support of Proposition 43 would be conveyed to the public via an infor- mational press release and contacts with the editorial staffs of news- papers within the District. The President of our Board of Directors could also write a letter to the editor of each local newspaper in support of the measure, perhaps co-signed by another Director in the coverage area of the paper. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING PROPOSITION 43 WHICH PLACES BEFORE THE VOTERS OF CALIFORNIA ON JUNE 3, 1986 A BOND MEASURE TO PROVIDE FUNDING FOR PARKS, RECREATION AND OPEN SPACE FOR DEVELOPMENT, RESTORATION, LAND ACQUISITION AND OTHER RELATED PURPOSES i WHEREAS, the legislature of the State of California has adopted and the Governor has signed the Community Parklands Act of 1986 which is known as Proposition 43; and WHEREAS, parks, recreation, and open space programs vastly enhance our environment and our lives; and WHEREAS, leisure facilities and open spaces in both urban and rural areas are a necessity to life, since they have a substantial positive effect on mental and physical health, economic productivity, and social problems; and WHEREAS, Proposition 43 would place before the voters of California a measure to provide financing of a program of acquiring, developing, or restoring real property for local park, open space, and recreational purposes; and WHEREAS, enhancement of park, open space, and recreational facilities projects have a direct economic benefit to our community and the state as a whole and moreover, will benefit the health and well-being of Californians; and WHEREAS, constituents of the Midpeninsula Regional Open Space District and surrounding area will benefit directly from funds which would be allocated to the District if Proposition 43 is approved by the voters; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District goes on record in support of Proposi- tion 43. f March 3, 1986 PRELIMINARY INFORMATION SHEET ON COMMUNITY PARKLANDS ACT OF 1986 i A local Grant Program to be administered by the State Department of Parks and Recreation if Proposition 43 is passed in June of 1986 Advisor Committee The State Department of Parks and Recreation requested the California Park and Recreation Society for guidance through an advisory committee. CPRS has appointed the CPRS Legislative Committee as that advisory body for administration of the Community Parklands Act of 1986. Bond Act Information The State Department of Parks and Recreation, Office of Grants Administration, has already received many inquiries from interested agencies and individuals on the Community Parklands Grant Program and the following is an attempt to answer some of the most commonly asked questions. 1. Q - How much funding is involved? A - $100 million total, all of which is for local government. 2. Q - How are funds distributed? A - 60% of the fund is for cities, park and recreation districts and other special districts; 40% is for counties and regional park districts. All funds are allocated to each local entity on a per capita basis. 3. Q - What can funds be used for? A - Acquisition, development, rehabilitation, improvement or restoration of recreational or historic areas or facilities and development rights and scenic easements. 4. Q Who is eligible. A - All incorporated cities, all counties, all recreation and park districts, all regional park districts and some special (multi-purpose) districts. 5. Q - Which special (multi-purpose) districts qualify? A - A special district must meet the following qualifications: 1. Serves a definite "community" (see below for definition) 2. Be authorized to operate and manage parks or recreation areas 3. Employs a full-time park and recreation director 4. Offers year-round services on lands and facilities owned by the district III _ Must allocate a substantial portion of its annual operating budget to parks or recreation areas or facilities (for purposes of this program, it is proposed that "substantial" will mean the allocation of 10% or more of its budget to parks or recreation areas or facilities) Suggested Definition of "Community" - as referenced in Section 5702 of the Community Parkslands Act of 1986 and relating to districts other than regional or recreation and park districts, means -- an unserved portion of a county, usually unincorporated, consisting of settled territory, and which area is recognized as a community with definite boundaries and popula- tion in the most recent County General Plan. 6. How much would an individual aggency receive? A This would depend upon your agency's population. The final figure will not be known until October 1, 1986. The general range estimated at this time is $2.50 to $2.75 per capita for a city, park and recreation district or other special district, and $1.45 to $1.55 per capita for a county or regional park district. 7. How is the population determined? A - By the latest available and verifiable Department of Finance population data (the January 1, 1986 figures) . 8. Q - What if agencies do not agree on overlapping service areas? A - The agencies must decide by October 1, 1986, or the Department of Parks and Recreation will decide. . 9. Q - Are there minimum amounts for smaller agencies? A - Yes, the minimum for cities and park districts is $20,000 and for counties, the minimum is $100,000. 10. Q - About what population constitutes a small agency? A - We will not know until this is computed, but it will probably be about 7-10,000 for a city and 70-80,000 for a county. 11. Q - Is there a minimum amount for each project? A - yes, $20,000. 12. Q - when will funds be available? A - July 1, 1987. 13. When must applications be filed? A - Probably by December 1, 1986. 14. Q - Is this a competitive program? A - No, this is strictly an allocation program to all eligible agencies. 15. Q - Are indoor facilities eligible? A - Yes. 16. Q - Are operation and maintenance costs eligible? A - No. 17. Q - Are administrative costs eligible? A - Only those costs that are directly connected to the approved project. 18. Q - What clearances are needed? A - The local agency will certify that they will meet all appropriate laws, rules and regulations pertaining to the project. 19. Q - Are there any matching requirements? A - No, on development projects; 25% on acquisition projects. 20. Q - Will individual projects appear in the State Budget? A - No, only the agency and amount of money to appropriate. 21. Q - How are funds appropriated? A - The eligible agency will notify the State of its desire to participate and the State will appropriate up to 100% of the allocated funds. 22. Q - Must the State be notified of individual projects? A - Yes, the amount of funds allocated to each project must be recorded and this information forwarded to the State. The State is required to make this list available. 23. How much State review will there be for each project? A State review will be very limited. It is proposed that each agency will certify to compliance with CEQA, building codes, land tenure and historical and handicapped standards. 24. Q - Will the projects be audited? A - The State may audit or have audited the records associated with the State Grant projects. 25. Q - How large will the program be? A - There will be over 600 agencies involved and it is anticipated that there will be over 1,200 projects. i 26. Q - Can grant payments be received in advance of project commencement? A - It is anticipated that up to 90% of grants will be payed out immediately upon request prior to the start of the project. 4 7 X7" A Al �1(LG U �v TS i4ND ,q-N�YSI S ^'1//}! Li4�3L� A� . DI STRICT o F FI•C E Proposition q Community Parklands Act of 1986 Ch . 5 (1986 ; SB 806) February 18 , 1986 BALLOT TITLE ALvD SUMMARY COMMUNITY PARKLANDS ACT OF 1986 . This act provides for a bond issue of one hundred million dollars ($100 , 000,000) to provide funds for acquiring, developing , improving , rehabilitating , or restoring urgently needed local and regional parks , beaches , recreational areas and facilities, and historical resources . - i BALLOT LABEL COMMUNITY PARKLANDS ACT OF 1986. This act provides for a bond issue of $100 , 000 ,000 to provide funds t for acquiring, developing , improving, rehabilitating, or restoring urgently needed local and regional parks , beaches, recreational E areas and facilities, and historical resources. j • - o Proposition 43 makes economic sense and deserves your vote. r n Proposition 43 . You and vour community deserve Vote "yes" for Propo _ .. _ the park and recreation improvements it will provide. a� ROBERT PRESLEY State Senator, Riverside Chairman, Senate Committee on Natural Resources and Wildlife JIM COSTA � Member+ of the Assembly, Fresno Committee on Plater Parks and. Wildlife Chairman, Asse mbly r DAVIS . CHAP-TES O. President, California Park and Recreation Society t tii I II�{ .1 if{}i � � I a 3 . t � REBUTTAL TO ARGUMFNT AGAUTST PROPOSITION 43 CS, £<'6 The opponent' s argument ignores the real and demonstrated g- cd for the funds for local parks that will be provided by Proposition 43. o The simple truth is that local governments are. unable to meet the constantly growing park and recreation needs of our co=uniti.ers. This measure is the responsible, traditional, and time-tested method of helping our cities, counties, and- park districts to keep up with increasing population growth and the steady deterioration of older parks. r'?-zS Lip o Don't be -- by the opponent's figu.re-s. r Hls figures go baek to 1964. That was a generation ago! I" obviously, our cc•r=unities have grown considerably since then., creating new needs for local recreational facilities_ Also, the figures he cites include funding for programs which aren't included in Proposition 43. The opponent seriously exaggerates the funds that will be available for local parks in 1986 . He includes funding for unrelated programs and federal funds that California probably will never get because of proposed cuts in the federal budget. o The existing program, which will expire next year, has not met the needs of local communities- Project applications have far exceeded available funds. T -e purpose of Proposition 43 is to supplement these funds, aw .urirg that our ccrsrunities can meet present and future recrezi t-io-,::l E needs . 8-5 As mentioned above, your politicians don' t want to use this money for parks so that they can spend, it on something else. Unfortunately, many voters are under the assumption th at.�t b p and money is free money. Nothing could be further from the truth. - ► If Proposition passes , it will cost the taxpayers approximately $185 million ($185,000,000) to service that debt.. Please force your legislators in Sacramento to make the tough decisions they were elected to make on how to spend the tax dollars our government now collects. Don't give them another $100 million ($100,000,000) to play around with. Vote "NO" on Proposition . DEIV'1L I S BROWN State Assemblyman 58th District f i i F; �s �g 4 ARGUNZEM AGAINST ` OPOSITION It' s time that the taxpayers of the State of California had the straight scoop on what these multitude of bond issues are all about_ Your State Legislature has been playing a shell game with you for years and, of course, the politicians always win.. It' s really very clever. You see, if the politicians can get the voters to approve bond issues for-motherhood and apple pie items, like parks, then they will have free reign over all of your tax dollars to waste on multi-billion dollar loser programs , like welfare and other giveaway schemes. Proposition. the Community Parklands Act of 1986 , is exactly one such program. Who can be against- more parks and open space? Proposition should also be .defeated because a=3,r State Department of Finance has predicted that over $70 million ($70,000 ,000) will be available for parks next year and approximately $40 million ($40,000 ,000) the year after that. This is money that will already be payed to the Mate by the working men and women of California without having to raise more funds through the expensive bond process or by raising tares. To prove just how absurd this new request for money is , the voters approved a $370 million ($370,0001000) Parks and P-ecreation j bond issue two years ago and have approved over $1 . 2 bil:'.:ion ($1 ,2oe ,000 ,000) in park funds over the past few elections . And of that , $42.0 million ($420 ,000,000) hadn' t even been i.ssu-< <s of Iasi Dece-mber. S P e REBUTTAL __--•THE ARGU1,1ENT IN FAVOR r. -P:UPOSITM4 (SB 80C The supporters of Proposition would have you believe that we haven't been spending any money on parks for decades_ The truth is we have been spending hundreds of millions of 4 dollars on parks over just the past few years-' Of course, all the cities, counties and other groups. that can get thei r hands. on this money support Proposition. because its. their s e w.i 1rL be p not ther usney Y Please force your politicians to allocate money -for parks out- of the tax doll ars they already co11 ect-. We don't need more debt hanging over our and our children's heads_ As of last December, we as California taxpayers had general obligation bonds (fit) authorized in the amount of $7.3 billion ($7, 300,000,000) and $2.5 billion ($2,500,000-,F0.00) of that. was still i f unissued- We-will pay over $525 million ($525,E100,000) for debt, payments alone in the coming year. Based on current interest rates and a 20_year retirement, will cost us $178 million ($178 ,000,000) to pay . Proposition F 3 off. We are on the same path that the federal.- governrttent was on only a few. short years ago.- Now they are so far in debt that fiscal responsibility has become impossible We simply don't need more debt. 2f parks are such a high priority then let's fund them a sensible way and stop wasting tax dollars on so many worthless programs. Vote "No" for fiscal irresponsibility and on Proposition "' •.� f Dennis Bra t State. Assemblyman an District t i receive funds and will decide its own priorities for how its share will be used . Depending en the local priority needs that are identified , funds can be used for: o Rehabilitating and restoring deteriorated park facilities. a Playground equipment , swirnming_,pooLs, picnic areas, baseball, basketball , tennis, and other sports facilities. Land for new neighborhood , community, and regional parks. • Improving public access to beaches. • Restoring structures important to local history. Improving hiking, bicycling, and equestrian trails. Over the years, state assistance for local parks has traditionally been provided through bond financing. Bonds are an especially appropriate funding source because they spread the cost over the life of recreation projects. This also takes into acount the long-term public benefits from investing in the rehabilitation and improvement of local parks. Proposition is supported by numerous cities, counties , and local park districts, as well as by recreation, historical, conservation, and business groups. It passed the Legislature with broad bipartisan support. Proposition is a responsible way to address our future recreational needs. It guarantees that every county, city, and district providing park and recreation services will receive funds in amounts reflecting the needs of the people who reside in each jurisdiction, Vote YES for better parks in our neighborhoods. ROBERT PRESLEY State Senator, Riverside . Chairman, Senate Committee on Natural Resources and Wildlife PETER V. UEBERROTH Commissioner of Major League Baseball President, Los Angeles Olympic Organizing Committee C. CARSON "CASEyn CONRAD Executive Director, President' s Council on Physical Fitness Sports, 1970--1984 Chief, California Bureau of Athletics, Recreation, Health Physical Education, 1953--1970 Community Parklands Act of 1985 r ARGUMENT IN FAVOR OF PROPOSITION Your YES vote for Proposition , the Community Parklands Act of 1986 , will assure better recreation facilities in our communities. Because of local funding problems, 9 Many park facilities are deteriorated or remain undeveloped for full public use. - • New projects that have been in the planning stage for years have not been built. Most of us know examples of these problems in our own communities. Proposition meets this serious shortfall in funding for local park and recreation projects and provides a reliable funding source for California's future recreational needs. Our local parks are not keeping up with California's accelerating population growth. Over the next 20 years, the state 's population is expected to increase by 7.3 million, to a total of over 31 million. Putting this in perspective, we will have to meet the recreational needs of an increased population almost as large as Los Angeles County's present population. The demands placed on our local park system are overwhelming and continue to increase. In California, parklands operated by local government receive an average of 1 ,000 annual recreational visits per acre. This heavy use rapidly wears out our city, courtly, and district park facilities. By comparison, state parks receive only 55 annual visits per acre, and national parks receive about 4 annual visits per acre. F There is a . clearly demonstrated need for funds for local park and recreation projects. Local agencies applying for funding under ` the most recent park bond measure learned that qualified applications for local park grants far exceed the available r funds. 9 In fact, last year the existing program provided only $1 in grant funds for every $5.80 in qualified project applications. M Proposition funds will be distributed according to a simple formula based on population. Each of our communities will a I . I consfiituting the city are: In order that the me Sed by L"= act may be submitted to th rs at thej une direct primary electi „--i is necessary that thi's act ffect ediately. _ N • invalid, that invalidity shall not affect other provisions or PPp a lications of the chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this eha ter are severable. SEC 2. Section 1 of this act shaU become operative on July 1, 1986, if the voters, at the June. 3, 1986, direct riraary election,adopt the Community Parklands Act of 1 64 as sex forth in Section 1 of this act; except that onl the funds available for appropriation for st e a ative costs pursuant to Section 5725 of e ` Public esources Code may be appropriated prior o the 1987-88 cal year. SEC.3. otwithstand ng Section.3525 of the ections Code,if this cot is adopted by the Legislature or before January 29, 1. 6, Section 1 of this act shall a submitted. to the voters at June 3, 1986, direct g ary election in accordance wi provisions of the G ernsnent Code and. the Ele ' Code gove ' submission of statewide measures t the voters at statewide election_ . . . SEC. 4. Notwi ding any er provision of law, r ► all ballots of the election hall a printed thereon and in a square thereof, the or "Community Parklands Act of 1986, and in the sam , the following in eight-po' e: "This act provides for a bond issue of one hundr d ndollars ($100,000,000) to provide funds fora uiring, veloping, improving, rehabilitating, or re oring urgen needed local and regional parks, bea es, recreational real and-facilities, and historical r es." Opposite the are,there shall be left spaces in hick the voters may pl e a cross in the manner r by law to indicate whe er they vote for or the act. Where a voting in the election is done b means of voting chines used pursuant to law in them er that carries t the intent of this section, the use of the ting mac . es and the expression of the voters' choi by me thereof are in compliance with this section. EC. 5. This act is an urgency statute necessary e immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect.The facts i be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds for the purpose of carrying out this chapter. The money , withdrawn from the General Fund shall be returned to the General Fund with interest at the rate earned by the money in the Pooled Money Investment Account during the time the money was withdrawn from the General Fund pursuant to this section. 5734. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law apply to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full in this chapter. 57,�a. Soy for e ^" Solely the purpose of authorizing the . „ p rp issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this � ' chapter, the Community Parklands Program Finance - Committee is hereby created. The committee consists of the Controller, the Director of : Finance, and the Treasurer. For purposes of this chapter, the Community u Parklands Program Finance Committee, is "the committee" as that term is used in the State General Obligation Bond Law, and the Treasurer shall serve as chairperson of the committee. 5736. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. 5737. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not "proceeds of taxes" as f that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not ' subject to the limitations imposed by that article. " ! 5738. If any provision of this chapter or the application thereof to any person or circumstance is held 'i i FINAL VOTE CAST BY THE LEGISLNTUP�F: ON .5r57 SW 6 (PROPOSITION ) �G�s y ,�a�s � • f M Lec itive Analyst Feb. _ry 18, 1986 COMMUNITY PARKLANDS ACT OF 1986 (SB 806) Background: In past years, the state has given money to local agencies to buy, improve or restore parks and historic properties. The state has sold general -obligation bonds to raise most of this money. (General obligation bonds are backed fully by the state, meaning that the state will use its taxing power to assure that enough money is available to pay off the bonds.) All but about $25 million of $561 million authorized by previous bond acts will be spent or committed to specific local projects by July 1986. r, 1 Proposal This measure permits the state to sell $100 million of general obligation bonds for grants to counties, cities and districts that operate parks or recreational facilities. The state Department of Parks and Recreation would divide the bond money among counties, cities, and districts, based. on their population (although certain minimum allocations would be required). Counties and certain park districts would receive 40 percent of the grant money. Cities and certain other districts would receive 60 percent of the grant money. The measure also requires the grant recipient to contribute 25 percent toward the cost of property bought with the bond money. Each grant would have to be approved by the Legislature. The grants .. could be used for many types of park-related purposes. These include (1)40 developing new parks and recreational trails, (2) fixing up existing parks, j (3) buying land or paying to prevent land near a park from being developed, Community Parklands A of 1986 (SB 806)--contd ( Yin 4) buying historic sites or buildings , (5) building recreational 9 facilities, and (6) providing access to beaches. Fiscal Effect: Paying Off the Bonds. The state would make principal and interest payments over a period of up to 20 years from the state's General Fund. The average payment would be about $9 million each year if the bonds were sold at an interest rate of 7.5 percent. Borrowing Costs for Other Bonds. By increasing the amount which the state borrows, this measure may cause the state and local governments to pay more under other bond programs. These costs cannot be estimated. . Lower State Revenues. The people who buy these bonds are not required to pay state income tax on the interest they earn.. Therefore, if California taxpayers buy these bonds instead of making other taxable investments, the state would collect less taxes. This loss of revenue cannot be estimated. Operational Costs. The local agencies that acquire or improve property with;bond funds would have to pay the additional costs to operate f those properties. These costs may be offset partly by revenues from the new properties, such ,as entrance fees. These additional costs cannot be s� estimated. Costs to Administer Grants. It would cost the Department of Parks 'i and Recreation $500,000 to $600,000 to administer the grant program. This measure provides $400,000 to the department for these costs. The remaining $100,000 to $200,000 probably would come from the state's General Fund. r, k I� i -2- r i t . Text of Protect Laws - This law admateap `asBM sc '0 tod �w ia Of the coaldvabalL law � t r ear --�'w6f��. 'Resources d�rAw�proy�as�to 1� . 2D that W*Ww. PROPOSED IAW' i } i i as the Community Parklands Act of 1986. 5701. The Legislature hereby finds and declares. as follows: (a) It is the resprmbility of the state to encourage; and assist in the provision of,better-parks and enhanced recreaticzaal. opportunities for all citizens of California. (b) Comuasunity,•neighborhood, and regional parks, beaches,recreational areas,recreational trails,and other recreational facilities, and the preservation of historic sites and structures contribute significantly to a healthy physical. and moral environment and also contribute to the economic betterment of the state. (c) Many older parks and recreational facilities have deteriorated to the point where the original investment in them may become lost,and prompt action is necessary to restore theca to usefulness. (d) Accordingly,it is in the public interest for the state to assist counties, cities, and district's in providing these { facilities for the use and enjoyment of citizens they serve. 5702. As used in this chapter, the following terms have the following meanings. (a) "District"means any regional park district formed pursuant to Article 3 (commencing with Section 5500). of Chapter 3 and any recreation and park district formed t pursuant to Chapter 4 (commencing with Section 5780). a' With respect to any community which is not included within a regional park district or a recreation and park district and in which no city or county provides parks or recreational areas or facilities, "district" also means any other district which is authorized by statute to operate and manage parks or recreational areas or facilities, employs a full-time.park and recreation director and offers year-round park and recreation services on lands and facilities• owned by the district, and allocates a substantial portion of its annual operating budget to parks or recreation areas or facilities. (b) "Fund" means the Community Parklands Fund. (c) "Program" means the Community Parklands Program established by this chapter. I _1 n. n nn. - ,-Article 2. Community Parklands Progrdim 5710. (a) The proceeds of bonds issued and sold pursuant to this chapter shall be deposited in the Community Parklands Fund, which is hereby created- (b) All money deposited in the fund shall be available for appropriation in the manner set forth in Section 5735 in an amount not to exceed one hundred million dollars ($100,000,000) for grants to counties, cities, and districts for the acquisition, development, rehabilitation, or restoration of real property for park,beach,recreational,_. %or historical resources reservation purposes. - P P rP 5711. (a) The total amount proposed to be appropriated for the program shall be included in a section in the Budget Bill for the 1987438 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption "Community Parklands Program." (b) Commencing with the Budget Bill for the 1990-91 fiscal year, any grant funds which were not accepted by a recipient or were not encumbered by the recipient Within the three-year period specified in Section 572.1 or. which were restored pursuant to subdivision (e) of " Section 5723 shall be available for appropriation for one or more projects of the type specified in Section 5712 that the Legislature deems to be of the highest priority, statewide. (e) All appropriations are subject to all limitations- enacted in the Budget Act and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from those laws by a statute enacted by the Legislature. The section in the Budget Act shall contain proposed appropriations only for the program contemplated by this chapter, and no t funds derived from the bonds authorized by this chapter ! may be expended pursuant to an appropriation not contained in that section of the Budget Act. 5712. The grant funds authorized for the program may be expended by the recipient for any of the following purposes or any combination thereof: hil The rehabilitation. immovement,or restoration of .. wow deteriorated roads, utilities, and other structures and facilities within existing parks and recreational areas. (b) Neighborhood, community, and regional parks. (e) Beaches and public accessways to beaches. (d) Historical sites and structures. (e) Recreational areas and facilities. (f) Hiking, bicycling, and equestrian trails. (g) Development rights and scenic easements in connection with any acquisition made for any purpose specified in subdivisions (b) to (f), inclusive; so long as the right or easement directly enhances the enjoyment or usefulness of the acquisition. Article 3. Administration - 5720. (a) The grant funds authorized, for the program shall be allocated to counties,cities,and districts on the basis of their populations, as determined by the Department of Parks and Recreation in cooperation with the Department of Finance on the basis of the most recent verifiable census data and such other population 1; data as the Department of Parks and Recreation may cl require to be furnished by any county, city, or district. (b) Forty percent of the total funds available for grants shall be allocated to counties and regional park, open-space, or park and open-space districts formed " pursuant to Chapter 3 (commencing with Section 5500). Each county's allocation shall be in the same ratio as the county's population is to the state's total population, except that each county shall be entitled to a minimum allocation of one hundred thousand dollars ($100,000). In any county that embraces all or part of the territory of a ' regional park, open-space, or park and open-space district whose board of directors is not the county board of supervisors,the amount allocated to the county shall be apportioned between the county and the regional district in proportion to the population of the-county that is included within the territory of the regional district and the population of the county that is outside the territory of the regional district. _(c) (1) Sixty percent of the total funds available for 4 -6 grants shall be allocated to cities and districtg,other than regional park, open-space, or park and o en- ace P sP _ districts. Each city's and each such district's allocation shall be in the same ratio as the city's or district's population is to the combined • total of the staWs population that is"included in incorporated areas and in ` unincorporated areas within districts, except that each city or district shall be entitled to a minimum allocation of twenty thousand dollars ($20,000). In any instance in which the boundary of a city overlaps the boundary of a district, the population in the area of overlapping jurisdictions shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population.In any instance in which the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds shall ' be allocated to the district (2) Each city. and other district whose boundaries overlap, shall develop a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1). If, by October, 1, 1986, the plan has not been agreed to by the affected jurisdictions and submitted to the Department of Parks and Recreation, the Director of Parks and Recreation shall determine the allocation of the grant funds among• the affected jurisdictions. . 5721.. (a) Individual applications for grants shall be submitted to the department for approval as to conformity with the requirements of this chapter. The application shall be accompanied by certification from the planning agency of the applicant that the projeet•for which the grant is applied is consistent with the park and recreation element of the applicable city or Bounty's general plan or the district's park and recreation plan and will satisfy a high priority need. In order to utilize available grant funds as effectively as possible, overlapping or adjoining jurisdictions are encouraged to combine projects and submit a joint application. (b) The minimum amount that the applicant maY " i request for any individual project is twenty thousand dollars-($20,000). (e) Every application shall comply with the California Environmental Quality Act (Division 13 (commencing with Section 21OW)). (d) Grants. that are wholly or -partially for the acquisition of real property shall be made on the basis of 75 percent state funds and 25 percent local matching funds or property donated to be part of the project The recipient shall to the grant Pi certify department that there is available, or will become available prior to the commencement of any work on the projec , matching , funds or property in the required amount from a nonstate source- Certification of the source and amount or value shall be set forth in the application. - (e) The director shall.annuaUy forward a statement of the total amount to be appropriated in each fiscal year for � projects approved for grants to the Director of Finance for inclusion in the Budget Bill. The amount of grant funds to be allocated to each eligible jurisdiction shall be published in the Governor-s Budget for the fiscal year in which the appropriation for those grants is to be made and, as soon as possible thereafter, a list of projects for which grants have been approved shall be made available by the department- (f) Grant funds shall be encumbered by the recipient within three years of the date the appropriation became effective, regardless of the date when the project was approved by the department pursuant to this section. 5722. Grant funds may be expended for development, rehabilitation, or restoration only on lands owned by, or subject to a lease or other long-term interest held by, the " applicant.If the lands are not owned by the applicant,the applicant shall first demonstrate to the satisfaction of the director that the development, rehabilitation, or restoration will provide benefits commensurate with the type and duration of interest in land held by the applicant. No grant funds may be .expended for any f rpose that is not directly related to the operation and agement of parks and recreational areas and s i x la CAL, 5723. (a) No grant funds authorized by this chapter shall be disbursed until the applicant agrees that any property acquired or developed with those funds shall be used by the applicant only for the purpose for which the funds were requested and that no other use of the property shall be permitted except by spec fic�act of the Legislature. (b) No funds shall be disbursed unless the applicant agrees to maintain and operate the property to be acquired or developed for a period commensurate with the type of project and the proportion of state funds and local matching funds or property allocated to the capital costs of the project (c) No funds shall be disbursed unless the applicant agrees to make the property to be acquired or developed open to use by the public by a*date specified in the agreement_That date shall not be more than three years after the date upon which the project was approved by the department pursuant to Section 5721. The depart+-n.ent may grant a postponement of the specified ��(} date if the property is not or will not be open to use by. (j the public by the specified date due to circumstances wholly beyond the control of ,the applicant. If the property is not open to use by the public by the date specified in the agreement, and -any postponement thereof granted by the department,the grant funds shall be restored in full to the department and the applicant shall become ineligible to receive any further funds that may become available pursuant to this chapter. Any funds restored.pursuant to this section shall be deposited -in the fund and shall be available for appropriation pursuant to subdivision (b) of Section 5711. 5724. Any grant made pursuant to this chapter, and the performance of the applicant In expending the grant, may be audited at any time by the department. 5725. Of the total funds available for appropriation pursuant to this chapter, an amount, not to exceed four hundred thousand dollars ($400,000), may be appropriated for state administrative costs directly .. incurred in connection with this chapter. w Article 4. Fiscal Provisions 5730 . Bonds in the total amount of one hundred million dollars ($100,000,000), or so much thereof as is necessary,may be issued and sold to provide a fund to be used for carrying out the purposes expressed in this chapter and to be used to reimburse the General. Obligation Bond.Expense Revolving Fund pursuant, to Section 16724.5 of the Government Code. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California,.and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of, and interest on, the bonds as the principal and interest become-due and 5 payable 573L There shall be collected each year and in the same manmer and at the same time as other state revenue is collected, in addition to the ordinary revenues of the k' state, a sum in an amount required to pay the principal 4 of, and interest on, the bonds maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do and perform each and every act which shall be necessary to collect that additional sutra. 5732. There is hereby appropriated from the General Fund,for the purpose of this chapter,an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this chapter, as principal and interest become due and payable. (b) The sum which is necessary to carry out the provlsfons of Section 5733, appropriated without regard. to fiscal years. 5733. For the purposes of carrying out this article,the Director of Finance may, pursuant to appropriate authority in each annual Budget Act, authorize the withdrawal from the General Fund of an amount or .$ amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall w I Mr86-]7 (Meeting 86-08 April 9, 1986) MDDPENDNSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 2^ 1986 TO: Board of Directors FROM: M. Foster, Controller SUBJECT: Appointment of Auditor for 1985-1986 Fiscal Year � � For the last seven years, Daloltte^ Haskins and Sells (DH8) has served as the District's auditor. Each year DHS has performed its services in a competent, professional manner and has regularly recommended worthwhile improvements in our accounting practices and controls. � Proposed Terms: DHS has estimated m fee of $6^500 for the 1985-86 audit � including examination, preparation and printing of financial statements, a management letter containing recommendations for improving procedures and controls, and providing on-going training and assistance to our accountant. � This represents a 4.8% increase over last year's standard fees and appears � reasonable compared to the competitive quotes obtained 2 years ago and the service DHS provides during the year. � Recommendation: | recommend that the Board appoint DeloiLte° Haskins and Sells /s auditors for the fiscal year 1g��-�6. � as _- -.-- ._- � � � M-A6-33 (Meeting 86-08 April g, 1486) M00PENDNSULA REGIONAL OPEN SPACE DISTRICT | � MEMORANDUM � April 2, 1986 � TO: Board of Directors � FROM: H. Gnanch* General Manager � SUBJECT: Scheduling of Additional Meeting in April � � Recommendation: | recommend that you schedule a Special Meeting for � 7:30 P.M. on April 16, 1988 at the District office for the purpose of considering the Rancho San Antonio Use and Management Plan Review, second readings of the Use and Management Plana for the Mt. Umunhum Area of the � Sierra Azul Open Space Preserve, the Almaden Air Force Station property, � and Jamison and Mazor property acquisitions, and for any other items to � be listed on the published agenda. � Discussion: You have tentatively set April 23 as the date on which the Board would again be considering land acquisition policies, most notably � a possible amendment to your draft policies further restricting potential use of eminent domain for certain non-subdY»ydahle developed parcels. An amendment was offered at your February 28 meeting to the policies � drafted by the [and Acquisition Policies Committee (see R-86-15 for the Committee report) and referred to your Committee which has subsequently considered it at two public Committee meetings and plans to report to you on April 23. Since these policy matters may require considerable discussion, and other lengthy items of Board business need to be addressed in the near future, � it is advisable to schedule an additional meeting in April. The Board had previously decided to have additional meetings, as required, on the third Wednesday of the month. norma7ly. a iz' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: F.Y.I. DATE: April 4, 1986 Ii i i i DRAFT # 2 Meeting 85-07 DRAFT AGENDA ITEMS Meeting Date:April 10 Category Time Title Name on bead Report Status min.) Agenda Responsibility OBWAR 1 5 Stour 2nd Reading David David 4 15 Santa Cruz Annexation Resolution Herb Herb " 2. 5 Windy Hill -- 2nd Reading David David " 3 " 5 Los Trancos -- 2nd Reading David David Thornewood U & M Plan NBWAR 5 30 Review David David -T- I . i fi { 1 L i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D•1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 March 27, 1986 Mr. Harry Haeussler 1094 Highland Circle Los Altos, CA 94022 Dear Mr. Haeussler: At our March 26 meeting the District's Board considered your letter of March 12, regarding the results of Senator Morgan's survey. Although 64% of the respondents answered "yes" to the question "Should we make a greater effort to develop our parks and open space to make them morepeople?",usable for eo 1 e. i t does not n P P � necessari ly foll ow that y less money should be spent on park and open-space acquisition. In fact 57% of the respondents answered "no" to the question "Do we have enough parks and p open space?". These kinds of surveys depending on voluntary response to a mailing are, of course, broad-brush in nature. More important, however, is the fact that the District has been putting in a tremendous effort toward developing our sites. The attached list shows development projects that have already been completed and those in the active implementation stage. Our biggest development project yet is underway as the District with the assistance of Senator Morgan and others has received a $300,000 State grant towards implementation of the Skyline Ridge Open Space Preserve development plan. We welcome your attendance and comments in the Budget Committee meetings as we prepare for the new fiscal year and develop capital improvement and site management plans and budget on a multi-year basis. Sincerely, ..Q, Daniel Wendin Vice President Board of Directors Enc. cc: Senator Morgan ,4IROSD Board of Directors I Herbert A.Grench,Genera/Manager Board of Directors:Katherine Duffy,Nanette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin '.' •dal !. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 March 27, 1986 Christine Fessler, Director Recreation and Respite Services The Crippled Children's Society of Santa Clara County, Inc. 3851 Park Avenue Santa Clara, CA 95050 SUBJECT: Proposed Riding Ring Dear Ms . Fessler: Thank you for your letter of March 13 , 1986 regarding your proposal to construct a riding ring on a portion of the Monte Bello Open Space Preserve. Our Board of Directors considered this letter at our March 26 meeting. We appreciate your patience in waiting until our policies for out- side special use proposals have been approved by this Board. How- ever, it appears that these policies will not be ready for Board action for at least another two months. Staff has indicated that due to your willingness to provide public amenities , flexibility for future District trail planning needs , and occasional use of the facility they will be drafting an agreement for District Board approval pp at our April 9, 1986 meeting. This should allow time 'g for your Board 's approval on April 21 . I suggest that you continue to work with our staff to complete the draft agreement for our approval. Very truly yours , Daniel Wendin Vice President, Board of Directors cc : MROSD Board of Directors Herbert A.Grench,Genera/Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Y' f March 27, 1956 Mid-Peninsula Open Space District 375 Distel Circle Los Altos, CA 94022 Ladies & Gentlemen: We wish to express our heart-felt thanks to your group for joining the search for our daughter, Denise. Although it was unsuccessful this time, our hope is that she will someday be found. Your willingness to give of your time and your efforts in behalf of our daughter is overwhelming to us. Sincerely, �1)1 � �► MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 March 28, ,1986 Donald Ross, Senior Planner Town of Los Gatos Planning Department 110 East Main Street Los Gatos, CA 95030 RE: 17975 Foster Road a. Conditional Use Permit Application U-84-6 b. Environmental Impact Report EIR-84-1 Dear Mr. Ro ss: The Midpeninsula Regional Open Space District has reviewed the revised draft EIR for the proposed Western California University. Two major new actions are proposed in connection with the Alma Bridge Road route which would have significant negative impacts upon the District's and Town's Los Gatos Creek Park property. l 1. Considerable sections of the proposed Alma Bridge Road access roadway would require grading outside the 40 foot right-of-way through the Open Space Preserve. 2. The_approximately 110,000 cubic yards of excess material from the excavation of the Alma Bridge roadway roadbed and parking ares is proposed to be deposited in a major drainage north of the proposed roadway alignment. This drainage lies within Los Gatos Creek Park and an area under an Open Space Easement which is awned in fee title by the California Province of the Society of Jesus. The District was not consulted about these changes during the preparation of the EIR. They contradict the purpose for which the land was acquired and are specifically prohibited in the legal documents entitled "Grant of Open Space Easement" and "Park, Recreation, Scenic and Open Space Easement". The District and the Town cooperated in the purchase of these park lands in order to en- sure the property would "forever remain as part of the parks, recreation, ecological and aesthetic resource of the midpeninsula area". Under the terms of the Parks, Recreation and Open Space Easement held by the Town and District prohibited uses include those which would significantly compromise scenic or natural values. This document specifically prohibits "Excavation or other topographic changes except for specific park, recreation and open space projects consistent with the intent and purpose of this easement. The general topography of the Subject Property shall be maintained in its present condition". Likewise, the Open Space Easement prohibits changing the topography, removal of indi- genous trees and shrubs and dumping or storing of non-indigenous materials. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Ranlel G.Wendin _ ' Donald Ross March 28, 1986 Page Two These are enforceable restrictions pursuant to the California Constitution and the Public Resources Code of the State of California. In addition, part of the funds for acquisition of the property were supplied by a Land and Water Conservation Fund grant. Property bought with these funds cannot be "taken" for non-recreational purposes unless it is replaced in kind. Upon purchasing the property, the District agreed to a non-exclusive easement 40 feet wide for roadway purposes. A map prepared by Creegan & D'Angelo showing proposed cuts and fills is part of this agreement. Since the road would bisect the preserve, the District opposes any excavation and fills that go beyond the plans in the agreement. The enlarged cuts will make less of the park available for recreational purposes. According to the EIR, the 30 foot wide alignment with 2:1 slopes would result in a cut slope bank of approximately 7.88 acres. However, in the geology section of the report the statement is made that the 2:1 recommendation may have been premature and some portions of the road would require slopes flatter than 2:1, causing an even greater loss of acreage. In this latest EIR, the geology of the site appears extremely unfavorable to the Alma Bridge roadway construction. Only 20% of the alignment is classified as marginally stable, with the remaining 80% unstable or moderately unstable. Four large landslides have been mapped a a e along the route and accelerated erosion w n pp as see at various locations g throughout the alignment. Identified hazards to the cut and fill slopes include insta- bility, gullying, accelerated erosion seepage and subsidence plus a high landslide potential. Such hazards could cause significant damage to the natural lands adjoining the road. Although revegetation is proposed as mitigation, the fact that the road area is geograph- ically unstable and is composed of relatively infertile serpentine soil, indicates that revegetation may not be successful. Removal of mature trees (up to 92, plus a dense eucalyptus grove with trees too numerous to count, as well as completely filling a steep canyon) would greatly detract from the visual quality of the Preserve and make it much less attractive to visitors particularly during the hot summer months when shade is welcome. The biological and recreational impacts of the proposed fill site are not discussed in detail in the EIR. A site visit revealed that the proposed fill dump site is a prominent canyon containing a small creek surrounded by a thick growth of riparian vegetation, including many mature trees. A road parallels this creek, connecting the main road along the fence with the ridge. This road is an important part of the trail system, allowing hikers and runners to loop through the property. At the top end of the canyon, above the proposed fill site, is a very large gully which has recently eroded to over 12 feet deep. The 'fill would cover .the canyon 60 feet deep, destroying valuable wildlife habitat, covering the connecting road, part of the main road, and even the fence and part of the open space easement area. below. The presence of the eroded gully above indicates high potential for washout of the fill. The natural contours of the canyon would be replaced by a surface graded into 20' wide benches with a concrete "v" ditch at the bottom. The surface would be replanted with native grasses. The fill area drains through the open space easement area and on down through the Town of Los Gatos into Los Gatos Creek. Donald Ross March 28, 1986 Page Three Dumping fill on this site would replace a diverse rich natural habitat with a sterile and unnatural one. It would definitely degrade the open space experience of the hikers and runners who use this park. For these reasons the District strongly opposes the Alma Bridge Road route alternative. Thank you for the opportunity to comment. If you require further information or have questions on this letter, please contact David Hansen, our Land Manager, or Alice Cummings, our Environmental Analyst. Sincerely yours, Herbert Grench General Manager HG/DC:ds cc: California Province for the Society of Jesus Creegan & D'Angelo a* ..s 4e 0s•.rvs�.aI MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965.4717 March 31, 1986 Honorable Marian Bergeson California State Senate State Capitol Sacramento, CA 95814 Dear Senator Bergeson: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I want to convey the Board's unanimous support for SB 1685 which you are authorin - a s it pertains to Y g� p regional park and open space districts. Section 21 of the March 12 version of the bill would allow our board of directors to authorize check signatories by resolution. At the present time this must be done by ordinance. The signatory cards which the banks provide and are accustomed to are in resolution format, which in our view is entirely adequate as a formally documented public record. Thank you for including this section in your bill. Sincerely yours, Herbert Grench General Manager HG:ej cc: MROSD Board of Directors Ralph Heim 9 Herbert A.Grench,General Manager Board or Directors:Katherine Duffy,Nonefte G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE 0-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 April 3 , 1986 Deborah Nelson Planning Director City of Los Altos City Hall 1 North San Antonio Road Los Altos , CA 94022 Dear Debbie : Congratulations on your new appointment ! We really hate to lose you from San Mateo County Planning , but at least we haven ' t lost you from the area . Rancho San Antonio Open Space Preserve and the adjacent County Park , the proposed full -care retirement center, and attendant parking and traffic problems will be matters that will keep us in contact , I' m sure. Onward and upward! Los Altos is very lucky ! Best regards , Herbert Grench General Manager HG : jc cc : MROSD Board of Directors Herbert A.Grench,Genera!Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin i I i Ex-planner for SM County named to Los Altos post Times Tribune staff sition turned it down after deciding Deborah Sauers Nelson is the it would be too expensive to find new planning director for the city housing in the Los Altos area. of Los Altos. Nelson didn't face that problem Nelson for the past eight years because she lives in Redwood City. worked for the San Mateo Coun- She started her new job Tues- ty Planning Department. During day. One of her first projects will that time, she worked in a vari- be the updating of the city's gener- ety of positions and on a wide al plan, which was last updated in range of projects, including gener- 1974. Several elements require al plan updates, permit processing, substantial review to bring them ; long-range planning and environ- into compliance with current local mental review. conditions and planning practices. Before working for San Mateo She also will be reviewing the County, she spent five years with city's environmental guidelines Pacific Gas and Electric Co., doing and various development ordi- facility siting and planning. nances and procedures. Nelson's appointment concludes Nelson's husband,Peter, is a cor- a search for the replacement of porate planner with the Pacific Vern Gomes, who retired recently Gas and Electric Co. The couple as city planner. Several of the ap- has two children, Andrea, 6, and Deborah Sauers Nelson is first considered for the Po- Emmett,3. ... new top planner in Los Altos. DRAFT # 2 Meeting 85-07 DRAFT AGENDA ITEMS Meeting Date:April 10 i Category # Time Title Name on Lead Report Status (min.) Agenda Responsibility OBWAR 1 5 Stour 2nd Reading David David 4 15 Santa Cruz Annexation Resolution Herb Herb " 2. 5 Windy Hill — 2nd Reading David David 3 5 Ios Trancos -- 2nd Reading David David I Thornewood U & M Plan NBWAR 5 30 Review David David t CI �I I� CIADIS No.86-0 7 Meeting 86-08 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: April 9, 1986 C L A I M S REVISED n Amount Name Description 9310 4.96 AT&T Consumer Products Telephone Equipment 9311 504.60 AT&T Information Systems Group Telephone Service 9312 45.0.0 ABAG Registration--Workshop M. Foster 9313 1,224.75 Baron Welding Pipe Gates for Picchetti 9314 114.10 Alice Cummings Reimbursement--Private Vehicle Expense 9315 1,000.00 California Advocates, Inc. Consultant Fee--March 9316 6.18 Clark's Auto Parts District Vehicle Supplies 9317 439.99 DeHart's Copy Xeroxing of Map Books 9318 122.27 Discount Office Supply Office -Supplies 9319 12.26 El Monte. Stationers Office Supplies 9320 96.13 John Escobar Reimbursement--District Vehicle Supplies 9321 16.40 Fish & Wildlife Reference Service Document 9322 73 .80 GTE Directories Yellow Page Advertising 3 9 23 354.00 Raye Girouard Patrol Services--April 9324 7.57 Harbinger Communications Computer Services 9325 200.00 Hodnick Design Consulting Fee 32 9 6 61.60 Jobs Available Classified Advertising 9327 50.00 Dr. Samuel McGinnis Honorarium--Docent Instruction 9328 70.23 Mobil Oil Credit Corp. Gasoline for District Vehicles 9329 10.18 Norney's Office Supply Office Supplies 9330 7,048.30 Stanley Norton Annual Litigation Services and February Expenses 9331 6,700.00 Ortha Zebroski Survey & Design--Purisima Creek and Sky- line Open Space Preserves 9332 754.47 Pacific Bell Telephone Service 9333 98.00 PAD Travel Out-of-Town Meeting --H. Grench 9334 15.00 People for Open Space Annual Membership 9335 22.16 Pete Ellis Dodge Vehicle Parts 9336 119.00 Pitney Bowes Postage Meter Rental 9337 8.44 Rancho Hardware Plumbing Supplies 9338 1101.08 San Francisco Water Dept. Hassler Water Service 9339 994H Santa Clara County GSA Highway Flares & Communication Se rvices ervices 9340 Shell Oil Company Fuel & Services--District Vehicles 9341 822.38 Skywood Gas & Towing Fuel for District Vehicles 93 r,:'_ 60.00 Swan Graphics Typesetting 93 `3 35.00 Mary Lou Taylor Honorarium--Docent Instruction 93 .'.'.: 85.00 University of California Extension Seminar--D. Hansen CLAIMS No. 86-07 Meeting 86-08 April 9, 1986 REVISED Amount Name Description 9345 400.00 Valley Title Company Preliminary Title Reports 9346 66.99 Sandy Voorhees Reimbursement--Private Vehicle Expense 9347 433.41 Voss Trucking Base Rock Repairs 9348 100.00 ZZZ Sanitation Company Sanitation Services 9349 50.00 Mabel Crittendon Honorarium--Docent Instruction 9350 500.00 Foss & Associates Personnel Consulting Fee--March 9351 220.45 William Glass Trucking Base Rock--Road Repairs 9352 329.80 The Good Guys Audio System 9353 10.34 The Hub Schneider Uniform Key Rings 9354 37.00 Mary Hale Reimbursement--Audio System Deposit 9355 225.05 Petty Cash Meal Conferences, Field and Office . Supplies, Film Processing, Express Mail and Private Vehicle Expense Cl-JUVIS Nb. 86-07 K etincj 86-08 MIDPENINTSPLA REGIONAL OPEN SPACE DISTRICT Date: April, 9, 1986 C L A I M S Amo u n t Name Description 9310 4.96 AT&T Consumer Products Telephone Equipment 9311 504.60 AT&T Information Systems Group Telephone Service 9312 45.00 ABAG Registration--Workshop M. Foster 9313 1,224.75 Baron Welding Pipe Cates for Picchettj 9314 114 .10 Alice Cummings Reimbursement--Private Vehicle Expense 9315 1,000.00 California Advocates, Inc. Consultant Fee--Tlarch 9316 6.18 Clark's Auto Parts District Vehicle Supplies 9317 439.99 Dellart's Copy Xeroxing of Map Books 9318 122.27 Discount Office Supply Office Supplies, 9319 12.26 El Monte Stationers 9320 96.13 John Escobar Office Supplies Reimbursenient--District Vehicle Supplies 9321 16 .40 Fish & Wildlife Reference Service Document 9322 73 .80 GTE Directories Yellow Page Advertising 9323 350.00 Raye Cirouard Patrol Services--April 9324 7.57 Harbinger Communications Computer Services 9325 200.00 Hodnick Design Consulting Fee 9326 61.60 Jobs Available Classified Advertising 9327 50.00 Dr. Samuel McGinnis Honorarium--Docent Instruction 9328 70.23 Mobil Oil Credit Corp. Gasoline for District Vehicles 9329 10.18 Norney's Office Supply Office Supplies 9330 7 ,048.30 Stanley Norton Annual Litigation Services and February Expenses 9331 6,700.00 Ortha Zebroski Survey & Design--Purisima Creek and Sky- line Open Space Preserves 9332 754.47 Pacific Bell Telephone Service 9333 98.00 PAD Travel Out-of-Town Meeting--H. Grench 9334 15.00 People for Open Space Annual Membership 9335 22.16 Pete Ellis Dodge Vehicle Parts 9336 119.00 Pitney Bowes 9337 Postage Meter Rental 8.44 Rancho Hardware Plumbing Supplies 9333 101.08 San Francisco Water Dept. Hassler Water Service 9339 384.32 Santa Clara County GSA Highway Flares & Communication Services 93 -,'0 753.32 Shell Oil Company Fuel & *Services--District Vehicles 9341 822.38 Skywood Gas & Towing Fuel for District Vehicles 93 -2 60.00 Swan Graphics Typesetting 93 _'3 35.00 Mary Lou Taylor Honorarium--Docent Instruction 93 ~= 85.00 University of California Extension Seminar--D. Hansen CLA-CMS No. 86-07 Meeting 86-08 April 9, 1986 -fti.,iount Name Description 400.00 Valley Title Company Preliminary Title Reports 66.99 Sandy Voorhees ReAmbursement--Private V�,hicle Expense 433.41 Voss Trucking Base Rock Repairs 100'.00 ZZZ Sanitation Company Sanitation Services 50.00 Mabel Crittendon Honorarium--Docent Instruction 500.00 Foss & Associates Personnel Consulting Fee--March 220.45 William Class Trucking Base Rock--Road Repairs 935- 329.80 The Good Guys Audio System 935,31 10.34 The Hub Schneider Uniform Key Rings 935' 37.00 Mary Hale Reimbursement--Audio System Po posit ' CLADIS No.86-07 Meeting 86-08 s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dater April 9, 1986 C L A I M S REVISED n Amount Name Description 9310 4.96 AT&T Consumer Products Telephone Equipment ' 9311 504.60 AT&T Information Systems Group Telephone Service 9312 45.00 ABAG Registration--Workshop M. Foster 9313 1,224,75 Baron Welding Pipe Gates for Picchetti 9314 114.10 Alice Cummings Reimbursement--Private Vehicle Expense 9315 1,000.00 California Advocates, Inc. Consultant Fee--March 9316 6.18 Clark's Auto Parts District Vehicle Supplies 9317 439.99 DeHart's Copy Xeroxing of Map Books 9318 122.27 Discount Office Supply Office -Supplies 9319 12.26 El Monte Stationers Office Supplies 9320 96.13 John Escobar Reimbursement--District Vehicle Supplies 9321 16.40 Fish & Wildlife Reference Service Document 9322 73.80 GTE Directories Yellow Page Advertising 9323 350.00 Raye Girouard Patrol Services--April 9324 7.57 Harbinger Communications Computer Services ices 9325 20 0.00 i n Hod Design Desi I� Consulting Fee 9326 61.60 Jobs Available Classified Advertising 9327 50.00 Dr. Samuel McGinnis Honorarium--Docent Instruction 9328 70.23 Mobil Oil Credit Corp. Gasoline for District Vehicles 9329 10. 18 Norne Offic e ice Supply PP Y Office Supplies 9330 7,048.30 Stanley Norton Annual Litigation Services and February Expenses 9331 6,700.00 Ortha Zebroski Survey & Design--Purisima Creek and Sky- line Open Space Preserves 9332 754.47 Pacific Bell Telephone Service 9333 98,00 PAD Travel Out-of-Town Meeting--H. Grench 9334 15.00 People for Open Space Annual Membership 9335 22.16 Pete Ellis Dodge Vehicle Parts 9336 119.00 Pitney Bowes Postage Meter Rental 9`337 8.44 Rancho Hardware Plumbing Supplies 9338 10t1� .08 San Francisco Water Dept. Hassler Water Service 9339 3A�+3 Santa Clara County GSA Highway Flares & Communication Services 9340 MIH- Shell Oil Company Fuel & Services--District Vehicles 9341 822.38 Skywood Gas & Towing Fuel for District Vehicles 9342 60.00 Swan Graphics Typesetting 93 43 35.00 Mary Lou Taylor Honorarium--Docent Instruction 9344 85.00 University of California Extension Seminar--D. Hansen CLAIMS No.. 86-07 Meeting 86-08 April 9, 1986 REVISED a 7r Amount Name Description 9345 400.00 Valley Title Company Preliminary Title Reports 9346 66.99 Sandy Voorhees Reimbursement--Private Vehicle Expense 9347 433.41 Voss Trucking Base Rock Repairs 9348 100_.00 ZZZ Sanitation Company Sanitation Services P y 9349 50.00 Mabel Crittendon Honorarium--Docent Instruction 9350 500.00 Foss & Associates Personnel Consulting Fee--March 9351 220.45 William Glass Trucking Base Rock--Road Repairs 9352 329.80 The Good Guys Audio System 9353 10.34 The Hub Schneider , Uniform Key Rings 9354 37.00 Mary Hale Reimburrsement--Audio System Deposit 9355 225.05 Petty Cash Meal Conferences, Field and Office Supplies, Film Processing, Express Mail and Private Vehicle Expense