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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REGULAR MEETING
BOARD OF DIRECTORS
Wednesday 375 Distel Circle, D-1
May 25, 1983 Los Altos , California
A G E N D A
(7 :30) ROLL CALL
APPROVAL OF MINUTES (May 11 , 1983)
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS
SPECIAL ORDERS OF THE DAY
(7 : 45) 1 . Gift of Property - Whittemore Gulch Redwoods Open Space Preserve-
13130 Skyline Boulevard (Lands of Hosking) -- C. Britton
Resolution Accepting Gift of Real Property and Authorizing
Execution of Certificate of Acceptance
OLD BUSINESS WITH ACTION REQUESTED
(7 :55) 2 . Adoption of Interim Use and Management Plan for the Hassler
Health Home Property -- D. Hansen
(8 : 05) 3. Adoption of Interim Use and Management Plan for Addition to
Coal Creek Open Space Preserve (Fernandez Property) --C. Britton
NEW BUSINESS WITH ACTION REQUESTED
(8 : 10) 4 . Review of District' s Insurance Coverage -- S. Norton
(8 : 30) 5. Roadside Signing at the Intersection of Foothill Boulevard
and Cristo Rey Drive -- D. Hansen
(8 : 45) 6 . Recommended District Ordinance Changes and Bail Adjustments
D. Hansen
Ordinance Amending Regulations for Use of Midpeninsula
Regional Open Space District Lands
(9: 15) 7 . Opportunity to Purchase Two Ranger Vehicles Through the State
Bid Process - Surplus 1933 Slots -- D. Hansen
(9:20) 8. Adoption of Civil Code Procedure Section 1094 . 6 to Shorten
Statute of Limitations in Certain Cases -- S. Norton
Resolution Making CCP 1094 . 6 Applicable to the Midpeninsula
Regional Open Space District
(9: 25) 9. Scheduling of Special Meeting -- H. Grench
(9: 30) INFORMATIONAL REPORTS
CLAIMS
CLOSED SESSION (Land Negotiation and Litigation Matters)
ADJOURNMENT
TO ADDRESS THE BOARD: When an item you're concerned with appears on the agenda, please
address the Board at that time; otherwise, you may address the Board under Oral Communica-
tions. When recognized, please begin by stating your, name and address. Conciseness is
appreciated. We request you complete the forms provided so your name and address can he
accurately included in the minutes.
M-83-53
(Meeting 83-13
May 25 , 1983 )
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 16 , 1983
TO: Board of Directors
FROM : H . Grench , General Manager
RESPONSIBILITY AND PREPARATION : D. Hansen , Land Manager; M. Gundert ,
Associate Open Space Planner
SUBJECT : Adoption of Interim Use and Management Plan for the
Hassler Health Home Property
Discussion : At your May 11 , 1983 meeting you approved the proposed
acquisition of the Hassler Health Home property (see report R-83-17 ,
dated May 6 , 1983 ) . You also tentatively adopted the interim use and
management recommendations contained in the report , indicated your
intention to dedicate the property , and approved the Negative
Declaration on the proposed demolition of the buildings .
Final adoption was deferred until your May 25 meeting to allow for
public comment , especially regarding any interest in retaining the
doctor ' s residence and duplex . To date , staff has received no
additional comments .
Recommendation : I recommend you adopt the interim use and management
plan contained in report R-83-17 which proposes demolition of all
buildings , and dedicate the property as public open space.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEETING NOTICE
BUDGET COMMITTEE
The Budget Committee Meeting of May 24, 1983 has been cancelled and
rescheduled to May 31 , 1983 at Noon at the District office, 375 Distel
Circle, Suite D-1 , Los Altos , CA 94022
MEETING NOTICE
LEGISLATIVE COMMITTEE
There will be a meeting of the Legislative Committee on Wednesday,
May 25, 1983 at 7:00 P.M. at the District office, 375 Distel Circle,
Suite D-1 , Los Altos , CA 94022
SOUTH SKYLINE ASSOCIATION
Route 2, Box 402, La Honda, CA. 94020
25 May 1983
Barbara Green, Chairman
Midpeninsula Regional Open Space District
Dear Barbara,
Just prior to the May 11 Board Meeting it became apparentito me
that a serious defect in the Districts notification policy ex ists.
I called several neighbors who live on property adjacent to the
Fernandez property that was to be considered for purchase on the
meeting of the filth of May. Agendas were published and sent out to
your subscribers, including myself, giving details of the purchase.
Mr. Fernandez had already agreed to and signed the purchase agree-
ment.
All of those neighbors that I called new nothing of the proposed
purchase, though they would be the ones most affected by the change
in ownership.
Of course I discussed this at your meeting of the 11th, but I 'm not
sure that I got the message across to six of your seven board members.
By action of the Board of Directors of the South Skyline Association
a formal request is hereby beinq made for you to agendize an item
regarding notification of adjacent property owners of the meeting where
purchase is to be approved by your Board.
it
Sincerely,
X.1
Bob Fisse, Representitive
To MROSD from SSA
RITTEN COMMUNICATION MAY 2 5 1983
Meeting 83-13
May 25, 1983
May 20, 1983
Honorable Barbara Green
President, Board of Directors
Mid-peninsula. Regional Open Space District
375 Distel Circle, Suite D-1
Los Gatos, CA 94022
Dear President Green:
Please be advised that the Board of Directors of the Brittan
Heights Condominium Association, San Carlos , supports the re-
naming of the Hassler Propert-r as recommended in Joseph E.Judge ' s letter to .you dated Ma-r 16, 1083.
It is i rtterestini.- to note that the total Of 560 Brittan
TieiFhts householders who formed the assessment district to
assist the Open Space District to purcnase the Hassler site ,
433 or ??' are -ne^�bers of t^e Brittan Hein;hts Condominium
Association.
Our Board appreciates your efforts in the preservation of
the 'iassler Property as onen soace, and Dopes you gill
welcome the name change as a fittin- reminder of our areas '
support.
Very truly,* yours,
Wm. R. .4ilson
Secretary
Attachment
cc : Herb Grench, General Manager MR031)
Craig Britton, Land Acquisition Manager t-IR.OSD
BRITTAN HEIGHTS
CONDOMINIUM ASSOCIATION
3323 BRITTAN AVE.
SAN CARLOS,
CALIFORNIA 94070
(4I5) 593-5530
WRITTEN COMMUNICATIODe it
Meeting 83-13
May 25 , 1983
May 16, 1983
Honorable Barbara Green
President, Board of Directors
Midpeninsula Regional Open Space District
375 Distel Circle, Suite D 1
Los Gatos, California 94022
Dear President Green:
It is my understanding that the Midpeninsula Regional Open Space
District is in the final stages of negotiations with the City of
Sar, Francisco for the purchase of the Hassler Property.
As you know, many people in 3an Carlos have worked for many years
to save the Hassler Property as open space. In fact, over 560
Brittan Heights householders near the Hassler site voted by an
overwhelming majority to form an assessment district to raise
t3002000 toward the purchase price of the land. j
With the above in mind, may I recommend that the Board of Directors
of the District recognize the contribution male by these Brittan
Heights residents by re-naming the Hassler site as follows:
BRIT TAN HEIGHTS REGION U, PARK
I believe the name change would not only recognize but would also
reward those persons living in Brittan Heights who were willing to
commit themselves financially to assist the Open Space District to
purchase the Hassler Property.
;Past
;�o
u
JU.
ent, Brittan Heights
Condominium Association
Former Mayor, City of San Carlos
3335 Brittan Avenue, #9
San Carlos, California
cc: Herb Grench, General Manager MROS D
Craig Britton, Land Acquisition Manager MROSD
R-83-18
(Meeting 83-13
May 25 , 1983)
u.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
May 19 , 1983
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager
SUBJECT: Gift of Property - Whittemore Gulch Redwoods Open Space
Preserve - 13130 Skyline Boulevard (Lands of Hosking)
Introduction: On February 16 , 1983 (see report R-83-5 , dated February 1,
1983) , you approved an agreement to purchase real property, which pro-
vided for the purchase from Alan Hosking (Rancho Canada de Verde) of a
100-acre parcel as an addition to Whittemore Gulch Redwoods Open Space
Preserve. This purchase left a three-acre remainder, with a two-bedroom
home in the northeasterly corner, that the Hoskings originally planned
to retain for personal use. As a result of the generosity on the part
of Alan and Theresa Hosking, this parcel, along with the newly remodeled
two-bedroom house, is now being offered to the District as a gift.
Assuming that the District accepts this gift, the residence would be
operated as an enterprise structure until the District 's development
of public parking and associated public use required that this house
be used as a Ranger residence. A residence in the general area is shown
in the District 's long-term ranger residency plan (see report R-82-41 ,
dated November 10, 1982) .
Interim Use and Management Recommendations:
(1) The structure will be operated as an enterprise account, and
enterprise will be responsible for conformance to local building
codes.
(2) Boundary plaques will be placed at appropriate locations on the
site to differentiate the private and public portions. Costs are
estimated at $50.
(3) A gate and necessary fencing will be placed along Skyline Boulevard,
and fencing will be placed along the northerly property boundary
to eliminate vehicle use from the adjacent properties and Skyline
Boulevard. Costs are estimated at $1000 .
Recommendation: I recommend that you adopt the accompanying Resolution
of the Board of Directors of the Midpeninsula Regional Open Space District
Accepting Gift of Real Property and Authorizing Execution of Certificate
of Acceptance with Respect Thereto (Whittemore Gulch Redwoods Open Space
Preserve - Lands of Hosking) . I also recommend that you tentatively adopt
the interim use and management plan as enumerated above, dedicate the
property as open space, and officially name the parcel as an addition to
the Whittemore Gulch Redwoods Open Space Preserve.
r
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RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ACCEPTING GIFT OF REAL PROPERTY AND AUTHORIZING
EXECUTION OF CERTIFICATE OF ACCEPTANCE WITH
RESPECT THERETO (WHITTEMORE GULCH REDWOODS OPEN
SPACE PRESERVE - LANDS OF HOSKING)
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows :
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept, with gratitude,
the gift of real property described on Exhibit A, as affixed hereto
and by this reference made a part hereof, and to be conveyed by a
Gift Deed from Alan Hosking and Theresa Ruth Hosking, husband and
wife, to the Midpeninsula Regional Open Space District.
Section Two. The President of the Board or other appro-
priate officer is authorized to execute a Certificate of Acceptance
for said Gift Deed conveying title to the property being donated to
the District.
Section Three. The General Manager of the District shall
cause to be given appropriate notice to the donors of the accept-
ance of this gift. The General Manager further is authorized to
execute any and all other documents in escrow necessary or appro-
priate to the closing of the transaction.
1'
DESCRIPTION
Portion of Lot 4, Section 31, Township 5 South, Range 4 West, Mount
Diablo Base and Meridian,
particularly
ula rl
Y
de
scribed as follows:
Beginning at a 6"x6" concrete monument on the southwesterly right-
of-way line of Skyline Boulevard, said monument bearing South 62'
39' 30" West, 50.00 feet from Engineer's Station No. 230 plus 21.82
B.C. as shown on the Skyline Boulevard alignment plans dated October
8, 1923; thence from said point of beginning and running along the
Southwesterly line of the Skyline
Boulevard
thatNorth
certain06.30tlacreWest,
183.49 feet to the most easterly corner
parcel described in the deed to Edw. J. Higgins and wife, recorded
October 22, 1954 in Book 2674 of Official Records at Page 22 (File
No. 96026-L) , Records of San Mateo County, California; thence leaving
said southwesterly line of Skyline Boulevard and running along the
Southeasterly line of said 6.30 acre parcel South 73' 08' West, 165.5
feet to a fence corner; thence South 58° 08' 00" West, 541 feet;
thence leaving the Southeasterly line of said 6.30 acre parcel South
67' 31' 47" East, 441.37 feet to a point which lies North 17' 00'
West, 30 feet from the centerline of an existing St foot wide dirt
road running east and west; thence North 40' 55' 48" East, 449.15
feet to the point of beginning.
EXHIBIT
Page --L_of^�
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ACCEPTING GIFT OF REAL PROPERTY AND AUTHORIZING
EXECUTION OF CERTIFICATE OF ACCEPTANCE WITH
RESPECT THERETO (WHITTEMORE GULCH REDWOODS OPEN
SPACE PRESERVE - LANDS OF HOSKING)
The Board of Directors of the Midpeninsula Regional
Open Space District does resolve as follows:
Section One. The Board of Directors of the Midpeninsula
Regional Open Space District does hereby accept , with gratitude,
the gift of real property described on Exhibit A, as affixed hereto
and by this .reference made a part hereof, and to be conveyed by a
Gift Deed from Alan Hosking and Theresa Ruth Hosking, husband and
wife, to the Midpeninsula Regional Open Space District.
Section Two. The President of the Board or other appro-
priate officer is authorized to execute a Certificate of Acceptance
for said Gift Deed conveying title to the property being donated to
the District.
a
Section Three. The General Manager of the District shall
cause to be given appropriate notice to the donors of the accept-
ance of this gift. The General Manager further is authorized to
execute any and all other documents in escrow necessary or appro-
priate to the closing of the transaction.
'� III
� M-8]-52
A, Ad. (Meeting 83-I3
WL May 25 " 1983 )
%le
OEM
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
� MEMORANDUM
May 10 , I983
T0^ Board of Directors
� .
� |
!
FROM : H . Gr8nCh ~ General Manager
�
�
RESPONSIBILITY AND PREPARATION : D . Hansen , Land Manager ; M. Gundert ,
�
Associate Open Space Planner
SUBJECT : Adoption of Interim Use and Management Plan for the Addition �
to the Coal Creek Open Space Preserve ( Fernandez Property)
|
Discussion : At your May ll ° 1983 meeting , you approved the proposed |
acquisition of an addition to Coal Creek Open Space Preserve ( 3Se
report R-83-16 , dated May 5 , 1083 ) . At the meeting a comment was �
made regarding the potential use and development Of the site . The
following should be added :
D . Potential Use and Development
�
� Local hiking and equestrian access would be open from Alpine Road .
In addition , the potential for a pleasant and safe bicycle route
is made available across the property connecting aIIrioe Road with �
�
Skyline Boulevard. Additional hiking and equestrian access would �
be from parking areas now provided at the Monte Bello Open Space
Preserve .
At your May ll meeting you tentatively adopted the interim use and
management recommendations contained in the report and indicated your
intention to withhold the property from dedication at this time .
Final adoption of the interim use and management plan was deferred
until your May 25 meeting .
� Recommendation : I recommend you adopt the interim use and management
plan for the addition to the COd7 Creek Open Space Preserve as con-
tained in report R-83-16 . I further recommend you withhold the
property from dedication at this time .
� �
M-83-59
(Meeting 83-13
May 25, 1983)
OF
39=0 OEM
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 19, 1983
TO: Board of Directors
FROM: S. Norton, Legal Counsel
SUBJECT: Review of District' s Insurance Coverage
Discussion: Within the past few days, Dick Bishop, Jean Fiddes,
and I have met with N. Ralph (Skip) McIntyre of Flinn, Gray &
Herterich, the District 's insurance brokers . The purpose was a
general review of the District' s various insurance programs with
special emphasis on 1) possibly increasing our general liability
limits, 2) increasing the limits of the District' s Public Entity
Difference in Conditions coverage, and 3) updating and refining
the property and vehicle insurance schedules.
Copies of Skip's letter to me dated May 18, 1983 and his proposed
specifications accompany this memorandum. Skip will be at the
meeting to review this material. Upon the Board' s approval of
the specifications, Flinn, Gray & Herterich will place these
matters out to bid with various underwriters, and Skip will return
with his recommended package of coverages in late June.
Recommendation: I recommend the Board approve the proposed insurance
specifications (as may be modified by the Board) and authorize Flinn,
Gray & Herterich to seek competitive bids based on the specifications.
FILINN, GRAY & HERTERICH I N S U R A N C E B R 0 K E R S
314 LYTTON AVENUE • PALO ALTO, CALIFORNIA 94 302 YOUR nde�jeffdenl TELEPHONE 328-7300
lxsuraxpc7�17WENT
May 18, 1983
Mr. Stanley Norton, Legal Counsel
Midpeninsula Regional Open Space District
375 Distel,
Los Altos, California 94022
Dear Mr. Norton:
Many thanks to you, Richard Bishop and Jean Fiddes for meeting with me
to review the District' s insurance program.
During our discussion we made the following changes in the District' s
insurance protection:
1) Revised the property protection to insure only those buildings that
have either a historic or economic value to the District.
2) Agreed to seek umbrella liability quotations at the $7 million and
$10 million level and, if possible, modify the umbrella to provide
coverage excess of the Public Entity/Director' s and officer' s policy.
These revisions are reflected in the attached proposed insurance
specifications. Following Board review, we will submit the specifi-
cations to the marketplace to obtain competitive quotations.
We greatly appreciate the time you all spent in reviewing the program.
Ve , ruly yours,
r ul'N Ra h McIntyre
N c// b
i
FLINN, GRAY & HERTERICH I N S U R A N C E B R O K E R S
314 LYTTON AVENUE PALO ALTO, CALIFORNIA 94302 YOUR�xQepexden� TELEPHONE 328.7300
lesuraxa AGENT
'f ff vl5 O U i.5f'
PROPOSED
INSURANCE SPECIFICATIONS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Named Insured: Midpeninsula Regional Open Space District ,
its Board of Directors and Officers , Agents ,
Employees and Authorized Volunteers
Notice of Cancellation: 90-Day Notice except for non-payment of pre-
mium
Applicable to all policies
Property Protection:
Buildings : Blanket, all scheduled locations
All Risk(subject to normal policy exclusions)
Replacement Cost
Permission to build elsewhere in event of
total loss
$1, 000 Deductible
Agreed Amount , $1 ,638 ,200 Limit
Office Contents : Blanket , All Risk
Replacement Cost
$100 Deductible
$65 ,000 at 375 Distel
$ 5 ,000 at 7400 St . Joseph
Valuable Papers
and Records : $50 ,000 at 375 Distel
Extra Expense: $40 ,000 at 375 Distel
Radio Schedule: $12 ,500 Base Station
$20 ,000 Hand Held Radios
$55 ,000 Vehicle Radios
All Risk
Replacement Cost
$500 Deductible
Equipment Floater: $9600 Ford 1700 Loader and Bucket
All Risk
No Deductible
Liability Protection: $1 ,000 ,000 Combined Single Limit for
Bodily Injury and Property Damage
Includes : Premises/Operations
Products/Completed Operations
Personal Injury
Host Liquor Liability
Blanket Contractual
Broad Form Property Damage
Incidental Medical Malpractice
Employees as Additional Insureds
Advertising Liability
Owner's and Contractors Protective
Fire and Explosion Legal Liability($100,000 Limit)
Non-Owned and Hired Auto
Umbrella Liability: $5 ,000 ,000 Limit. The umbrella policy provides
limits in excess of the Package and Auto
policies .
No Retained Limit
Quotations will be sought on limits of $7 million
and $10 million. The umbrella will be extended
to include protection excess of the public
entity policy.
Public Entity
Difference in Conditions
and Directors & Officers : $300 ,000
Automobile: $500 ,000 Combined Single Limit
$100 ,000 Uninsured Motorist
$ 5 ,000 Medical Payments
$ 100 Deductible , Comprehensive except
Units 1 ,3 ,11 and 12 .
$ 500 Deductible, Collision except
Units 1 ,3 ,11 and 12
Auto Schedule : 1 . 1975 VW "Thing"
2. 1976 Jeep Custom Wagon
3 . 1976 Ford Courier
4. 1977 Dodge Power Wagon
5 . 1977 Dodge Power Wagon
6 . 1978 Dodge 3/4 Ton P/U
7 . 1978 Dodge Power Wagon
8. 1978 Dodge Power Wagon
9. 1979 Dodge Power Wagon
10 . 1979 Dodge Power Wagon
11 . 1946 Fire Truck
12. 1946 Fire Truck
13 . 1982 Tilt Bed Trailer
Quotations will be sought on a variety of
collision and comprehensive deductions .
Fidelity/Crime: $1000 Money and Securities - inside 1 Deductible
$ 00
Y
$1000 Money and Securities - Outside $100 Deductibl+
$1,000 ,000 Fidelity Bond - $5 ,000 Deductible
Named Insured includes Volunteers
Volunteer Accident: $5000 Accidental Death
$3500 Medical Expense
$ 200 Accident Dental
j
M-83-58
�kh AA. (Meeting 83-13
Zft
IVL May 25, 1983)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 19, 1983
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; D. Woods ,
Open Space Planner
SUBJECT: Roadside Signing at the Intersection of Foothill
Boulevard and Cristo Rey Drive
Introduction: At your meeting of November 10, 1982 , you reviewed the
use and management plan for Rancho San Antonio Open Space Preserve,
whereupon you instructed staff "to return to the Board in May or June
with a recommendation on whether to improve signing at Cristo Rey
Drive to help the public find the parking facilities located within
Rancho San Antonio County Park. Style of the signing would be discussed
at that time if it is decided to improve signing" .
Discussion: Since November 10, 1982 , the City of Los Altos improved
the existing signing at Cristo Rey by installing a larger directional
street sign on Foothill Boulevard approximately 100 feet south of
Cristo Rey Drive. In addition, the Santa Clara County Park and
Recreation Department has advised us that a directional sign to the
park would be prepared. It would be equivalent in size to the street
sign and read "Rancho San Antonio County Park" , with an arrow below it.
County staff has indicated that the sign could be changed to reflect
both the park and preserve entrance, assuming the work has not already
been completed. We have suggested the sign read "Rancho San Antonio
Park and Preserve" . If it is too late to change the sign, we feel
no additional signing is necessary until we can assess the adequacy
of the new signs.
Recommendation: I recommend you concur with our suggestion to
request that the proposed County sign include the word "Preserve"
and if that is not possible, to come back to the Board in the next
use and management plan review with an assessment of the adequacy
of the new street signing.
R-83-19
(Meet25ing 83-13
A& May , 1983)
VL of
111V61
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
May 17, 1983
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Boland,
Operations Supervisor
SUBJECT: Recommended District Ordinance Changes and Bail Adjustments
Introduction: At your April 13, 1983 meeting (see memorandum M-83-42 ,
dated April 7, 1983) , staff presented a draft text for a new set of
regulations, complete with bail amounts , covering the District's experi-
ment allowing dogs on certain sites. There was considerable discussion
regarding appropriate language to be used in the regulations. This
occasion is being taken as an opportunity to review all the District ' s
regulations, to make the necessary modifications, and to complete the
public noticing at one time.
Discussion: Staff has refined the suggested language for the new dog
related regulations of the ordinance, retained a section prohibiting
cats on District lands, and also is suggesting modifications for the
following items:
1 . Bicycles on District roads, trails and pathways.
2 . Fishing on bodies of water located within District boundaries.
3 . After hours use of District sites.
4 . Consumption of alcohol on District lands.
5. Parking in areas requiring a valid permit.
Staff has also contacted the offices of the presiding judge of the Santa
Clara and southern San Mateo County municipal courts for preliminary
procedural guidance regarding appropriate regulations language and
acceptable bail amounts. The Santa Clara County Judicial Review Board
initially established Ilay 18 as the final date for accepting requests for
regulation and bail changes for this year, but has granted an extension to
our District to Friday, May 27 , 1983. Staff to date has been less successful
in obtaining procedural information from the San Mateo County Municipal Court
system; however, it will continue to pursue the matter to insure a basic
parity of regulations and bail schedules .
PROPOSED CHANGES
A) SECTION 410 . ALCOHOLIC BEVERAGES.
1) EXISTING REGULATION
Section 410. Alcoholic Beverages . Only beer and wine shall be
possessed or consumed on District
lands .
2) NEW REGULATIONS
Section 410 . Alcoholic Beverages .
R-83-19 Page two
410. 1 Persons 21 years of age or older only may possess or consume
alcoholic beverages on District lands and as stipulated in
sections 410 . 2 and 410. 3 below.
410 . 2 Alcoholic beverages shall be limited to beer and wine, and
must be part of a picnic meal .
410 . 3 No person shall possess or consume alcoholic beverages in an
area that has been declared by the District to be a prohibited
area.
3) EXPLANATION:
Section 410. 1 . Gives District rangers the flexibility to cite
offending juveniles using a more simple District
regulation.
Section 410 . 2 . Gives District rangers the flexibility to contact
and possibly cite members of groups that habitually
frequent District preserves for the sole purpose
of consuming alcohol as opposed to the hiker or
equestrian who may pause for a picnic meal which
may include alcoholic beverages .
Section 410 . 3 Gives the District the flexibility to identify
future problem areas and designate them specifically
as prohibited to such undesirable activities.
4) Recommended Bail Amount: $25 plus $15 Penalty Assessment
B) SECTION 604 . BICYCLES PROHIBITED.
1) 140 EXISTING REGULATION.
2) NEW REGULATION.
Section 604. Bicycles.
No person shall operate a bicycle or similar device on District
lands other than in areas that have been designated and signed
for such activity. In no instance shall bicycles be allowed off
designated trails and roadways in these areas .
3) EXPLANATION:
Currently District regulations have no language regarding the
use of bicycles, especially regarding off-trail bicycle use which
is currently popular but also very destructive to the environment
and other preserve users when not strictly controlled.
4) Recommended Bail Amount: $50
C) SECTION 800 . 2 . FISHING PROHIBITED.
1) EXISTING REGULATION.
Section 800. 2 . Fishing.
No person shall take, net, molest, dusturb, injure, poison or
harm any fish without a permit expressly authorizing such activity.
2) NEW REGULATION.
Section 800. 2. Fishing Prohibited.
No person shall be permitted to take, net, molest, disturb, injure
R-83-19 Page three
poison or harm any fish in lakes , ponds or streams located in any
District preserve except in areas declared by the District to be
permitted fishing areas, where State laws regulating the taking
of game fish shall apply.
3) EXPLANATION:
Section 800. 2 gives the District the flexibility to identify, from
time to time, salt or fresh water areas which may be suitable for
fishing without requiring use permits . Rangers would reference
State Fish and Game codes when contacting violators in permitted
areas . This item is staff ' s response to the review of the no-
fishing ordinance requested at the October 13 , 1982 Board meeting.
4) Recommended Bail Amount: $50.
D) SECTION 801. DOMESTIC ANIMALS PROHIBITED/INJURY TO WILDLIFE.
1) EXISTING REGULATION.
Section 801 . 1 Dogs and Cats Prohibited.
Because it is the District' s policy to avoid disruption or disturbance
of wildlife on District lands, no dog, cat, or similar animal, even
if leashed, shall be permitted on District lands, except for
seeing-eye dogs for the blind in areas designated by the Board.
2) NEW REGULATION.
801 . 1 . Dogs Prohibited.
Because it is the District 's policy to avoid disruption or dis-
turbance of wildlife on District lands, no dog shall be permitted
on District lands, except in those areas designated by the District.
Where allowed, dogs shall at all times be restrained on a stout
six foot leash and under continuous human control.
3) EXPLANATION:
On an experimental basis, the District will be permitting dogs
in designated areas .
4) Recommended Bail Amount: $50 plus $25 penalty assessment.
E) SECTION 801 .2 . CATS PROHIBITED.
1) EXISTING REGULATION.
Section 801 . 1 . Dogs and Cats Prohibited.
Because it is the District ' s policy to avoid disruption or dis-
turbance of wildlife on District lands, no dog, cat, or similar
animal, even if leashed, shall be permitted on District lands,
except for seeing-eye dogs for the blind in areas designated by
the Board.
2) NEW REGULATION.
Section 801 . 2 . Cats Prohibited.
Because it is the District 's policy to avoid disruption or
disturbance of wildlife on District lands, no cat or similar
domesticated pet shall be permitted on District lands.
3) EXPLANATION:
Cats will continue to be prohibited from District lands as they
were not included as part of the permissive experiment.
R-83-19 Page four
4) Recommended Bail Amount: $20 plus $10 penalty assessment.
F) SECTION 801 . 3 DISTURBANCE OR INJURY TO WILDLIFE.
1) NO EXISTING REGULATION.
2) NEW REGULATION.
Section 801 . 3 . Disturbance or Injury to Wildlife.
No dog, cat or other domesticated animal, even if leashed, shall
be permitted to disturb, chase, molest, injure or take any kind
of native wildlife, whether living or dead, or remove, destroy,
or in any manner disturb the natural habitat of any animal on
District lands.
3) EXPLANATION:
801 . 3 reflects the District' s commitment to continue emphasizing
the protection and preservation of wildlife on District lands
with or without a permissive dog program.
4) Recommended Bail Amount: $50 plus $25 penalty assessment.
G) SECTION 901 . PARKING: PROHIBITED AREAS.
1) EXISTING REGULATION.
Section 901 . Parking: Prohibited Areas.
No person shall park a motor vehicle, except an authorized emergency
vehicle or when in compliance with the directions of a peace officer,
ranger or District employee, in any of the following places:
a. In areas where prohibited by "NO PARKING" signs.
b. On any fire trail.
C. On any equestrian or hiking trail.
d. In such a place or manner as would block or obstruct any
gate, entrance, or exit.
e. In such a place or manner as to take up more than one marked
parking space in any authorized parking area.
f. In such a place or manner as to block or obstruct the free
flow of traffic.
g. Within 15 feet of a fire hydrant.
h. Adjacent to any curb painted red.
i. On any District lands after sundown except pursuant to a
valid permit.
2) ADDED REGULATIONS.
j . In areas signed for permit parking on District lands without
a valid permit.
k. In any other place on District lands not designated by the
District as an authorized area.
3) EXPLANATION:
In recent years it has become apparent that the prohibitive parking
regulation was in need of expansion to cover additional parking
problems that have emerged over time.
4) Recommended Bail Amount: $12 .
R-83-19 Page five
H) SECTIO14 902 . OPERATION OF MOTOR VEHICLES : OFF ROAD VEHICLES.
1) EXISTING REGULATION.
Section 902 . Operation of Motor Vehicles: Off-Road Vehicles.
Section 902 . 1 . General.
No motor vehicle may be operated on District lands except on
established paved roads that are not closed to the public. Motor
vehicle includes, but is not limited to, motorcycles, off-road
vehicles, "dirt bikes, " and similar vehicles .
Section 902. 2 Exceptions.
a. This section shall not apply to authorized emergency vehicles .
b. This section shall not apply to areas, roads, trails, or paths
which may from time to time be set aside and posted by the
Board for the use of specifically designated vehicles .
2) NEW RECULATION.
Section 902 . 1 . General.
No motor vehicle may be operated or left standing on District lands .
Motor vehicle includes but is not limited to, motorcycles, off-
road vehicles, "dirt bikes" , and similar vehicles .
Section 902. 2 Exceptions.
a. This section shall not apply to authorized emergency vehicles .
b. This section shall not apply to areas , roads , trails or paths
which may from time to time be set aside and posted by the
Board for the use of specifically designated vehicles.
C. This section shall not apply to established roads that are
not closed to the public.
3) EXPLANATION:
902 . 1 now also addresses those off-road vehicles that are not in
actual operation, or have been left unattended as the responding
District ranger arrives on the scene. In addition, the exceptions
are now in the appropriate section.
4) Recommended Bail Amount: $50 plus $25 penalty assessment.
I) SECTION 803 . PLANTS AND TREES PROTECTED.
1) EXISTING REGULATION.
Section 803. Plants.
No person shall damage, injure, collect, or remove any plant or tree
or portion thereof, whether living or dead, including but not
limited to flowers, mushrooms, bushes, vines, grass, turf, cones
and dead wood located on District lands . (See also Penal Code,
Section 384a) .
2) NEW REGULATION.
Section 803. 1 Plants.
Same as above.
Section 803. 2 . Possession of Gathered wood Prohibited.
No person shall transport or possess unmilled wood on District
lands without satisfactory evidence of lawful acquisition, such
as a sales receipt, or written authorization from the owner of
the land from which the wood was acquired.
Page six
3) EXPLANATION:
Section 803 . 2 addresses the increasing problem of District Rangers
contacting individuals on District lands who are in possession of
or transporting cut firewood or Christmas trees with no satisfactory
evidence of lawful acquisition.
4) Recommended Bail Amount: $50 plus $25 penalty assessment.
Recommendation: I recommend you adopt the attached Ordinance of the
Board of Directors of the Midpeninsula Regional Open Space District
Amending Regulations for Use of Midpeninsula Regional Open Space District
Lands.
Ab,
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
MEMORANDUM
May 21, 1983
TO: Members of the Board and Press
FROM: J. Fiddes, District Clerk
SUBJECT: Attachment to May 17, 1983 Report Recommended District.
Ordinance Changes and Bail Adjustments
The attached Ordinance amending regulations for use of midpeninsula
Regional Open Space District lands did not accompany the staff
report, Recommended District Ordinance Changes and Bail Adjustments ,
that was included in your packet for the May 25 Board meeting.
Herbert A.Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop.Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
5/25/83
REVISED
VERSION
ORDINANCE NO,
ORDINANCE OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AMENDING REGULATIONS FOR USE OF MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT LANDS
Be it ordained by the Board of Directors of the Midpeninsula
Regional Open Space District that the "Regulations for Use of
Midpeninsula Regional Park District Lands" adopted by Ordinance
75-1 on April 9, 1975 and amended by Ordinance 77-1 on June 26,
1977 are further amended as follows:
Section One: In the title of the Regulations and in each Section
thereof where "Midpeninsula Regional Park District" occurs, the
name of the District shall be amended to read "Midpeninsula Regional
Open Space District".
Section Two: Section 410 shall-read as follows:
SECTION A 10. ALCOHOLIC BEVERAGES
410.1 Persons 21 years of age or older only may possess or
consume alcoholic beverages on District lands and
as stipulated in sections 410.2 and 410.3 below.
410. 2 Alcoholic beverages shall be limited to beer and, wine, ,
and must be part of a picnic meal.
410. 3 No person shall possess or consume alcoholic beverages
in an area that has been declared by the District to be
-~ a prohibited area.
Section Three: Section 604 shall be added as follows :
SECTION 604. BICYCLES. ..o person shall operate a bicycle
or a similar device on District lands in areas
that have been designated and signed to restrict
such activity. In no instance shall bicycles
be allowed off designated trails and roadways
on District lands.
Section Four: Section 800 .2 shall read as follows:
800.2 Fishing Prohibited. No person shall be permitted to
take, net, molest disturb injure poison or any
n
7
Y
fish in lakes, ponds, reservoirs, portions of San
Francisco Bay, or streams located in any District
reserve ex
cept in areas declared b 1 the District
P istric y t to
be permi
tted fitted fishing areas, where State laws reg -
u
latinv the taking of game fish shall. apply.
Section Five: Section 801 shall read as follows :
SECTION 801. ANIMALS
801.1 Dogs Prohibited. Because it is the District's
policy to avoid disruption or disturbance of
wildlife on District lands, no dog shall be permitted
on District lands, except in those areas designated
by the District. Where allowed, dogs shall at,
all times be restrained on a stout six foot leash
and under continuous human control.
801.2 Cats Prohibited. Because it is the District's
policy to avoid disruption or disturbance of
wildlife on District lands, no cat or similar
domesticated pet shall be permitted on District lands.
801.3 Disturbance or Injury to Wildlife. No dog, cat or
domesticated animal, even if leashed, shall be
permitted to disturb, chase, molest, injure or take
any kind of native wildlife, whether living or dead,
or remove, destroy, or in any manner disturb the
natural habitat of any animal on District lands.
801.4 Horses and Livestock. A person may ride or use a
saddle horse, pony, mule or similar animal only on
portions of District lands designated in site use
and management plans adopted by the Board. Pursuant
to a lease, license or other entitlement of use
granted by the Board, a person may keep or raise
cattle, horses, sheep or other livestock on designated
District lands.
Section Six: Section 803 shall read as follows:
SECTION 803. PLANTS AND TREES PROTECTED
803. 1 Plants. No person shall damage, injure, collect, or
remove any plant or tree or portion thereof, whether
living or dead, including but not limited to flowers,
mushrooms, bushes, vines, grass, turf, cones and
dead wood located on District lands. (See also
Penal Code Section 384a) .
803. 2 Possession of Gathered Wood Prohibited. No person
shall transport or possess unmille wood on District
lands without satisfactory evidence of lawful
acquisition, such as a sales receipt, or written
authorization from the owner of the land from which
the wood was acquired.
Section Seven: Section 901 shall read as follows :
SECTION 901. PARKING: PROHIBITED AREAS
No person shall park a motor vehicle, except
an authorized emergency vehicle or when in
compliance with the directions of a peace officer,
ranger or District employee, on any of the
following places :
(a) In areas where prohibited by "NO PARKING" signs.
(b) On any fire trail.
(c) On any equestrian or hiking trail.
(d) In such a place or manner as would block
or obstruct any gate, entrance, or exit.
(e) In such a place or manner as to take up
more than one marked parking space in
any authorized parking area.
(f) In such a place or manner as to block or
obstruct the free flow of traffic.
(g) Within 15 feet of a fire hydrant.
(h) Adjacent to any curb painted red.
(i) On any District lands after sundown except
pursuant to a valid permit.
(j) In areas signed for permit parking on
District lands without a valid permit.
(k) In any other place on District lands not
designated by the District as an authorized
area.
Section Eight: Section 902 shall read as follows :
SECTION 902. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES
902.1 General. No motor vehicle may be operated or left
standing on District lands. Motor vehicle includes
but is not limited to, motorcycles, off-road vehicles,
"dirt bikes", and similar vehicles.
902.2 Exceptions.
(a) This section shall not apply to authorized
emergency vehicles.
(b) This section shall not apply to areas, roads,
trails, or paths which may from time to time
be set .aside and posted by the Board for the use of
specifically designated vehicles.
(c) This section shall not apply to established roads
that are not closed to the public.
Section Nine: Section 905 shall read as follows:
SECTION 905. PROHIBITED AREAS
905.1 General. To insure the safety and health of persons,
to avoid interference in development, construction, and
management, or to provide for the security, safeguarding,
and preservation of District lands and facilities, the
General Manager or an authorized representative may
from time to time upon such finding declare an area
closed, prohibited, or limited to further entrv, and
specify the period therefor. If the order is to close
an area, the order may include such reasonable classes of
persons who may enter therein in the conduct of such
proper activities or official duties as the General
Yianaaer or an authorized representative may prescribe..
If the order is to limit the number of persons in an area,
no person shall enter the area unless specifically
authorized by the General Manager or an authorized
representative.
When by order a prohibited or limited area has been so
declared, no person so prohibited shall during the. effective
period therefor enter therein, and all prohibited persons
within such area at the time it is so declared shall leave
the same without any appreciable delay, and in so doing
shall obey and abide by all instructions of the supervising
District employee.
905.2 After hours Use Prohibited. No person shall enter or
remain on any District preserve "after hours" without a
valid permit issued by the District authorizing such
activity. The term "after hours" as used herein shall
be construed to mean one-half hour after official sunset
to officia
l sunrise the following day.
.
Section Ten_ : This Ordinance shall be published once within 30 days
after adoption in a newspaper of general circulation printed, published,
and circulated in the District and shall be effective from and after
June 25, 1983.
M-83-50
(Meeting 83-13
May 25. 1983)
Ift
IML
Imlof
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 19, 1983
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; J. Boland,
Operations Supervisor
SUBJECT: Opportunity to Purchase Two Ranger Vehicles Through the
State Bid Process--Surplus 1983 Slots
Discussion: Staff recently learned that there would be no extension
beyond the date of April 15, 1983 for trucks purchased this year
through the State Bid System. What this meant was that staff would
have to wait approximately one year for delivery of the two new trucks
to be recommended for purchase in the proposed 1983-84 Open Space
Management budget.
However, staff recently learned that the dealership that was awarded
the State bid contract for 1983 (John Ehret Dodge, Eureka, California) ,
may have a surplus of vehicles due to late-notice cancellations .
In the event that vehicles are available that meet District design
and cost specifications (two 3/4 ton 4x4 Dodge power wagons at
$10,600 each) , staff feels it would prove advantageous to go ahead
and order vehicles from the surplus pool rather than waiting until
the 1984 specifications are out in January of 1984 .
Recommendation: I recommend a h authorize the General Manager
that ou ut o
Y g
to spend up to $21 ,200 for two 1983 Ranger patrol vehicles from
the State bid dealership.
If the purchase is completed this fiscal year, the current budget
will have a corresponding overrun but the FY 83/84 budget will be
P g g
reduced correspondingly.
Memrandum M-83-54
All V Neeting 83-13
11
X141May 25, 1983)
1W o
*.N=QS%W%10 Mlfflr<
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 18, 1983
To: Board of Directors
From: Stan Norton, Legal Counsel
Subject: Adoption of Code of Civil Procedure
Section 1094 . 6 to Shorten Statute of
Limitations in Certain Cases
The period of time for bringing legal action
against the District to review certain "adjudicatory"
actions (usually administrative decisions) of the
District is unclear, but probably is now either four
years (CCP Sec. 343) or three years (CCP 338 (1) ) .
By adoption of an ordinance or resolution
under CCP 1094. 6 (g) (copy attached) , the Board can
shorten this period to 90 days.
The advantage to the District in taking
such action is illustrated by the recent decision
of the California Court of Appeal in Foster v. Civil
Services Commission for the County of Los Angeles
(summary of case attached) .
I recommend that the Board of Directors
adopt the accompanying Resolution Making CCP 1094 . 6
Applicable to the Midpeninsula Regional Open Space
District.
- i
§ 1094.5 SPECIAL PROCEEDINGS Part 3
I[. Note 378
I'
mnnded for new trial de novo. Prescod v. mined commissioner had no jurisdlcU,,,,
California Unemployment Ins. Appeals Bd. and did not determine merits. Western AIr
(1976) 127 Cal.Rptr. 540, 57 C.A.3d 29- Lin 191 C.A.2d Sobieski
ie ki (1961) 12 C"I.ltptr.
Trial court's judgment denying writ of
mandate to compel director of agriculture Fact that letter discharging senior typ.
to set aside his decision revoking petition- ist clerk in office of county clerk stntnl
er's license as aircraft pilot in business of that she was guilty of misconduct in re
pest control was reversed and case re- moving public records from the files atul
manded to trial court with directions to mutilating and secreting them on variou.
remand case to director for purpose of dates, whereas in hearing before county
reconsidering the penalty previously im- civil service commission evidence wits in•
posed, where it was found that some of troduced only as to what took place on
the charges against petitioner were not one of the dates, did not require tite dl..
supported by evidence. Wingfield v. trict court of appeal on appeal from judit.
Director of Agriculture (1972) 105 Cal, ment awarding senior typist clerk writ of
Rptr.619,29 C.A.3d 209. mandate, after reversing the judgment of
the superior court, to remand the matter
Proceeding for review of denial by com- to the commission for reconsideration,
missione,r of corporations of permit to where there was a similarity of facts sur.
change voting rights of shareholders rounding removal of the documents on all
would be remanded to superior court for of the dates. Pratt V. Los Angeles Coun-
t determination whether there was substan- ty Civil Service Commission (1952) '2-N
4 tial evidence to support commissioner's p 2d 3,108 C.A.2d 114.
findings, where court improperly deter-
§ 1094.6. Judicial review; decisions of local agencies; petition;
filing; time; record; decision and party defined; or-
dinance or resolution
' (a) Judicial review of any decision of a local agency, other than
,7otty) _3�7 school district, as the term local agency is defined in Section 54951 of
1 �G� the Government Code, or of any commission, board, officer or agent
thereof, may be had pursuant to Section 1094.5 of this code only if
the petition for writ of mandate pursuant to such section is filed
within the time limits specified in this section.
(b) Any such petition shall be filed not later than the 90th day
following the date on which the decision becomes final. If there is no
provision for reconsideration of the decision in any applicable provi-
sion of any statute, charter, or rule, for the purposes of this section,
the decision is final on the date it is made. If there is such provision
for reconsideration, the decision is final for the purposes of this sec-
tion upon the expiration of the period during which such reconsidera
tion can be sought; provided, that if reconsideration is sought Pursu-
[ ant to any such provision the decision is final for the purposes of this
G! section on the date that reconsideration is rejected.
(c) The complete record of the proceedings shall be prepared by
which
h the local agency or its commission, board, officer, or agent t )
i made the decision and shall be delivered to the petitioner withlc `y
days after he has filed a written request therefor. The local ag
may recover from the petitioner its actual costs for transcribi t ttn-
otherwise preparing the record. Such record shall include the
script of the proceedings, all pleadings, all notices and orders, any
proposed decision by a hearing officer, the final decision, all adml
674
i,
II I
_ _tom,-
ow
Title 1 WRIT OF MANDATE § 1094.E ,
exhibits, all rejected exhibits in the possession of the local agency or 1
its commission, board, officer, or agent, all written evidence, and any
other papers in the case.
(d) If the petitioner files a request for the record as specified in
subdivision (c) within 10 days after the date the decision becomes fi-
nal as provided in subdivision (b), the time within which a petition ('
pursuant to Section 1094.5 may be filed shall be extended to not later
than the 30th day following the date on which the record is either
personally delivered or mailed to the petitioner or his attorney of rec-
ord, if he has one.
(e) As used in this section, decision means adjudicatory admin-
istrative decision made, after hearing, suspending, demoting, or dis-
missing an officer or employee, revoking or denying an application
for a permit or a license, or denying an application for any retire-
ment benefit or allowance.
(f) In making a final decision as defined in subdivision (e), the
local agency shall provide notice to the party that the time within
which judicial review must be sought is governed by this section.
As used in this subdivision, "party" means an officer or em-
ployee who has been suspended, demoted or dismissed; a person
whose permit or license has been revoked or whose application for a
permit or license has been denied; or a person whose application four
a retirement benefit or allowance has been denied.
(g) This section shall be applicable in a local agency only if the
governing board thereof adopts an ordinance or resolution making this
section applicable. If such ordinance or resolution is adopted, the
provisions of this section shall prevail over any conflicting provision
in any otherwise applicable law relating to the subject matter.
(Added by Stats.1976,c.276,p.581, § 1.)
Forms
See West's California Code Forms, Civil Procedure.
Library References
Administrative Law and Procedure C.J.S. Public Administrative Bodies and
(9-722. Procedure § 193.
Notes of Decisions
In general I that public employment relations board
Exhaustion of administrative remedies 2 had exclusive jurisdiction to determine
whether the unfair practice charges were
justified; and, in view of teachers' failure
to exhaust their administrative remedies
I. In general under the Rodda Act, trial court erred in
i School board's unilateral freezing of granting writ of mandate to compel super-
teachers' salaries after beginning of new intendent of district and others to raise
school year, while contract negotiations salaries of certain teachers. Amador Val-
were pending, arguably was an unfair ley Secondary Educators Ass'n v. Newlin
practice in violation of the Rodda Act so (1979) 151 Cal.Rptr. 724, 88 C.A.3d 254.
675
' I '
I It
t --
F
Summary of opinion of District Court of Appeal in
Foster v. Civil Services Commission for the County
of Los Angeles, et al. (April�27, 1983)
Petitioner Foster sought a writ of mandate
(Code of Civil Procedure 1094 . 5) in the superior court
to compel the respondent county officials to reinstate
him as a county employee and pay him accumulated back
salary. His discharge (due to his continuous lack of
observance of working hours) was reviewed and affirmed
by an administrative hearing officer, and petitioner
was advised of the decision May 25, 1978 . Petitioner,
evidently assuming the applicable statute of limitations
was four years, filed his petition for writ of mandate
July 28, 1981. Respondent County, having adopted
CCP 1094 . 6, contended in part that his action should
have been brought within 90 days. Relevant exerpts
from the decision of the court of appeal follow:
Code of Civil Procedure Se-c. 1094 . 4 Petitio.ner,I however,argues that the-conimLssion's deci-
enacted in iM, permits local agencies,2 except school sion became final In the latter pah of Ion,before the roun-.
districts, to shorten the period to seek review of their ad- ty's adoption of section 1094.6 and,therefore,his mandamus
judicatory decisions male under Code of Civil Procedure action is governed by Code of Civil Procedure section 343,a
section I094.5 to ninety day& four-year statute of limitations.Tetitioner cites Allen v.
The statute becomes applicable and operational, unless Humboldt qooaV -Boart! of
I toUed (see, e.g.. Fanme.r v- City of lng)ewoW CAIAW.2d 877, in support
(19M) 134 Cal-App.3d 130, 140-141). when the following four /arguendo,-that,the'decision was finalln the latter part of
conditions am present: (1)the governing board of the local 1977,petitioner's rellan6e on the Allen caw is misplaced.In
agency adepts the statute by resolutrm or ordinance (S-ec- ADM which Involved the Mng'of a petition tospA aside the
tim 1094A subd.-4g); (2) Lbe local agency'r,decision, aittr granting 4.a 2�inlnk variante by a 16M agencylourmonths
hearing.involves.-'gulpending, demoting, or dismissing an after the Board of Supervisors denied the appeal;the court
oremploym revoizing or denying an application for noted that the 30-da of limitations of,Government
permit or a license, or denying an application for arry Code section n the
not jvffMlicable because I
rdtremeid benefit oraRowance."(Section 1094-6,subd.(e); agencies and that the applicable
o b'co
nditions
permit of y =
cL.;,4a1jn_v.Redoli I "Agency (1981) 117 Cal-App.3d Of imitations nn thp?ioV
M 50); (3) the localagency's decision is final, which oc- vo that idneethe*right'involved did not
curs wben the decision is made if them is no provision for bring any spWIficJtatut*,�*f-11mitatlohs'into operation, the
an
recossideration;-otberortse It is final when the time for --catch-ff'lour-�ew-sthfii*of ilimitationg-of Code of Civil
L 'YW
rero ation expires or an application for recontudera- Pkrocediduhri,;yNed6ii . *01t0d.':VetP,';miMe Allen,-when
tion is denied (Section 1094.6. subd. (b)); and (4) the local onesIlled hispetitioneri's' ection 1094.6 was the stutory
agency provides notice to the affected Party at the tine of law in this date and the County-had,-oiq February 17,-1978,
final dectsim that the-'time within judicial review must adopted by ordinance the applicability of section 1094.6.
' so -ft governed by this"statute(Section 1094.6.subd- . . .
1u; Since the county
prevails"over any conflictadopted section 1094.6 and had notified petitioner of the w
0ngprdvt0= In any otherwise applicable law relating to day limitation Period before the PeUton was due. we con-
the vbJeet-matter.11.(CDde(iv. Proc.,Section 1094.6, subd. elude that section 1094.6 is applicable,.beCame operational
g). when petitiMer was notified, and took preference over sec-
The record disciosm thaLeach of the conditions to make tion 343 by L-&)2tive expression.
settioa-!OSC6�appllcable andoperational are present in the
instant case.Respondent County of Los Angeles.after adop-
ting section 1094.E by ordinance,notified petitoner of Its ad- CONCLUSION
judicatory decision and of his right to seek' judicial review, In summary, we conclude that the dental of a conti.
within'tilnety days as prescribed by section',1094.16.We find, nuance was not an abuse of discretion.The petition was bar-
therefore,that the Ming of
f the petition for a writ of mandate red by the provisions of Code of Civil Procedure,section
on July 29, 1981, was not limely, and.barred by section 1094.6. Substantial evidence Presumptively supported the
1094.6,not being within ninety days from the date of notifica- agency's decision.
tion. The Judgment is affirmed,
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT MAKING CODE OF CIVIL
PROCEDURE SECTION 1094.6 APPLICABLE
TO THE MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
The Board of Directors of the Midpeninsula
Regional Open Space District does resolve that
Section 1094 . 6 of the California Code of Civil
Procedure (relating to time limits for judicial
review of agency decisions) is hereby made applicable
to Midpeninsula Regional Open Space District.
M-83-57
A, (Meeting 83-13
WL May 25, 1983)
'Voof
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 19 , 1983
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Scheduling of Special Meeting
Discussion: President Green and I have reviewed forthcoming
agenda items as well as Board and staff schedules.
A Special Meeting will be required in June, primarily to conduct
Closed Session performance evaluations for Board appointees.
Recommendation: We recommend that you schedule a Special Meeting
for 7 :30 P.M. , Thursday, June 9 , 1983 at the District office.
N
y,IDPENIPYSULA REGIC NAL OPYT SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: For Your Information
DATED: May 25, 1983
A(I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
May 12 , 1983
Mr. Jacques Littlefield
Pony Tracks Ranch
Portola Valley, California 94025
Re: Addition to Coal Creek Open Space Preserve (Lands of
Fernandez)
Dear Jacques:
The Board of Directors approved the acquisition of the Fernandez
parcel at last nights meeting. I have attached a copy of the
agenda and staff report for that acquisition. It is expected
that escrow would close in the next few weeks. Accordingly, on
behalf of the District, we would like to take advantage of your
generous offer to make a gift of $10 ,000 ($5 ,000 in CY 1983 and
$5 ,000 in CY 1984) . It is understood that this gift would be
to assist with the costsof securing the property (fencing and
gates) and restoring the areas 'of the property that have been
damaged by off-road vehicles.
I did mention the possibility of this gift to Bob Augsburger
of Peninsula Open Space Trust, and he thought there might be an
advantage to making the gift to POST, and for POST to then pass
the funds to the District on a restricted basis. Either method
would be satisfactory to the District , and I would like to thank
you in advance for your generosity. I also think you' ll find
the District to be a good neighbor and we look forward to working
with you in the future.
Sinc 1
L. Cr Britton
Assistant General Manager
LCB:cac
Attachments
cc: Board Members
Robert Augsburger
Herbert Grench
Herbert A,Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G Shelley,Harry A,Turner.Daniel G_wendin
COMMITTEES:
GOVERNMENTAL ORGANIZATION
CONSUMER PROTECTION
.n ' AND TOXIC MATERIALS
HUMAN SERVICES
AGING AND LONG TERM CARE
IV
JOINT LEGISLATIVE AUDIT
-As's a M--h SELECT COMMITTEE ON
CHILD ABUSE
SACRAMENTO ADDRESS STATE CAPITOL / TJ, yr�
',j■�t0�x1 1a�+i
SACRAMENTO,CA 95814
(918)445.8305 &It fo� � i
DISTRICT OFFICE
7337 BOLLINGER ROAD
CUPERTINQCA95o14(408)448.4114 ERNEST L. KONNYU
ASSEMBLYMAN,TWENTY-SECOND DISTRICT
May 11, 1983
Herbert Grench
General Manager
Midpeninsula Regional Open Space
District
375 Distel Circle , Suite D-1
Los Altos , CA 94022
Dear Herb:
I am enclosing a copy of a letter from
Gordon Van Vleck (which was also sent to you) regarding
the Urban Forestry Program.
As you can see by his letter, because of the
large number of inquiries and letters as to the rationale
for eliminating the program, their position has now
been somewhat modified.
Thank you for your concern in this matter .
Sincerely,
ERNEST L. KONNYU
LK E sl/
Enclosure
l
George Deukmejian
�5#i2�i#i11� 4�1't14X�#.
OFFICe OF THE SECRETARY Air Resources Board
RESOU�CES BUILDING GOVERNOR OF Colorado River Board
CALIFORNIA San Francisco Bay Conservation and
1416 NINTH STREET Development Commission
95814 Solid Waste Management Board
s R ti State Lands Commission
(916) 445-5656 State Reclamation Board
State Water Resources Control Board
Department of Conservation ' Regional Water Quality Control Boards
Department of Fish and Game '; Energy Resources Conservation and
Department of Navigation and d Development Commission
Ocean Development California Coastal Commission
Department of Parks and Recreation California Conservation Corps
Department of Water Resources State Coastal Conservancy
Department of Forestry THE RESOURCES AGENCY OF CALIFORNIA
SACRAMENTO. CALIFORNIA
APR 2 5 1983
Honorable Ernest L. Konnyu
California State Legislature
State Capitol
Sacramento, CA 95814
Dear Assemblyman Konnyu:
Gordon Duffy has kindly forwarded your letter and those sent to several Senators
by Herbert Grench, General Manager of the Midpeninsula Open Space District, on
the Urban Forestry Program to me for a response.
The Urban Forestry Program under the Department of Forestry has been funded by
the Forest Resource Improvement Fund since its establishment in 1980. The rev-
enue source for this fund is the net receipts from the State Forest timber sales;
10% of which are earmarked for urban forestry. In 1982-83 an additional $535,000
was appropriated from the Renewable Resource Investment Fund (RRIF) . The total
program was for $910,000 and 10 person years. This sum consisted of approximately
$340,000 for salaries and operating expenses and $570,000 for grants to cities,
counties, and non-profit organizations for planning, education, tree planting,
and tree maintenance in urban areas.
Due to the budget crisis, a freeze which was imposed on January 3, 1983, prevented
the awarding of grants from RRIF totaling approximately $320,000.
The decision was made by the incoming administration that the Urban Forestry
Program was a low priority program which could be foregone in this time of finan-
cial crisis, despite the fact that no general fund monies were being expended.
Since that time, we have received a considerable number of letters and inquiries
as to the rationale for eliminating the program.
Our position has been m6dified somewhat in that we now support retaining the
authority for the program, and propose to submit a BCP for the 1984-85 fiscal
year reinstating at least a significant part of the program. We have notified
Honorable Ernest L. Konny -2-
• -APR 2 5 1983
Director of Finance Michael Franchetti that we oppose the deletion of the authority
for the urban forestry program as proposed in AB 223 on page 86, lines 19-25;
page 92, lines 22-25; and page 92, lines 24-25.
We appreciate your interest and hope that this gives you a better perspective of
the progam and our position.
Sincerely,
Gordon Van Vleck
Secretary for Resources
cc: Director Partain
Secretary Duffy
General Manager Grench
Senator Campbell
Senator Boatwright
Senator Presley
Senator Alquist
I
I
Fire Department RedI�Nood 1400 Broadway
Redwood City, California 94063
G!1VboutoPala Telephone (415) 364-1100
FOURM 1881
May 13, 1983
Executive Director
Midpenninsula Regional Open Space District
375 Distel Circle
Los Altos, Ca 94022
Dear Executive Director:
I read an article in the Thursday May 12th Penninsula Times Tribune that
talked about your agency buying the Hassler Health Hone complex for
open space.
As the Training Coordinator for the Redwood City Fire Department I am very
interested in knowing what will happen to all the buildings on the complex.
If you are going to remove them we would like to have access to them for
training purposes. It is difficult to find places where our people can
have good hands on training. The Hassler Health Home complex, if we were
able to use it would be like striking gold. If we were able to use it we
would open it up to all the surrounding fire angencies.
Please let me know as soon as possible as to the disposition of the complex
because an area of this size will take a lot of planning to realize its
full potential. Please send response to:
Al Becketti
Training Coordinator
Redwood City Fire Department
Redwood City, Ca 94061
Respectfully
Al Becketti �.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94622
(415)965-4717
May 19 , 1983
Mr. Al Becketti
Training Coordinator
Redwood City Fire Department
Redwood City, CA 94061
Dear Mr. Becketti :
Thank you for your letter of May 13 regarding the Hassler buildings.
I understand that David Hansen, our Land Manager, has already talked
with you and encouraged you to inspect the buildings to see if they
fit your needs. I would certainly consider recommending that the
District make the site available for a safe fire control training
project if it could be done very soon after District acquisition
of the site or if the fire agencies could provide interim (a few
months) security of the buildings. The San Carlos neighbors of
R the site who helped pay for its purchase, as well as nearby Redwood
City residents, will, of course, be particularly concerned about
safety of their hoTnes from a potential accidental fire on the
hillside arising from the training..
Sincerely,
Herbert Grench
General Manager
HG: jc
cc: MROSD Board of Directors
Herbert A.Grench.General Manager Board of Directors;Katherine Duffy.Barbara Green.Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley.Harry A.Turner.Daniel G.Wendin
r
MAY. 19 Ift
Santa Clara Vd1b, tW@f Uef d
5750 ALMADEN EXPRESSWAY
SAN JOSE, CALIFORNIA 95118
TELEPHONE (408) 265-2600
May 18, 1983
Mr. Norm i G lbertson
Plant Manager
Kaiser Cement Corporation
Permanente, CA 95014
Mr. Gilbertson:
This is to summarize our meeting of April 27, 1983 and prior events thereto regarding the
effects of Kaiser's Cement Plant operations on Permanente Creek.
On March 2, 1983, the Cities of Los Altos and Mountain View were alerted by County
Communications that a large (about 20-feet deep) "wall" of water was observed traveling
down Permanente Creek from Kaiser Cement Plant. This water contributed to flooding
of downstream streets, homes, and a school in Los Altos in the area of the Permanente
Cross Channel. Large amounts of sediment were deposited in the Permanente Cross
Channel which caused a large reduction in capacity. We believe these came from the
Kaiser Cement Plant area.
On March 3, 1983, you notified our District that the outlet on a large "retention
structure" on their property was plugged, causing retention of water about 40-feet
deep. The cities of rountain View and Los Altos were then notified by the District that
if the outlet suddenly unplugged, flooding similar to the previous day's flooding could
again occur. This was our first knowledge that such a "retention structure" or high fill
existed across the creek.
The District was informed by Kaiser personnel that the March 2nd "Nall of water" that
passed through the six-foot outlet pipe originated somewhere upstream of the "retention
structure".
Tile six-foot outlet pipe, under such a "retention structure", could malfunction and retain
large amounts of water and debris causing either overtopping of the structure or the
water and debris to suddenly pass through the outlet and cause severe downstream
erosion, floodingand siltation. This could cause complete blockage of the creek at some
p g
point downstream -The incident f March 2nd indicates 20 f
P ent o are Cates that about a oat depth of
water retained behind the structure and released suddenly, can and did, cause
downstream flooding after it passed through the outlet.
In our meetin¢ with you o i� +T "
n Zarch 31 1983 you advised that structure"
advl a at the retch o tlon struct i is
Y � : Y
actually a fill for storage of ravel material. It had been laced over a six-foot diameter
y
g i P g
pipe which was provided for Permanente Creek. The height of fill apparently varied
depending on production and sale of the gravel ,-naterial. We understand from our
meeting on April 27, 1983 that you are now excavating a channel through this fill so it
will no longer function as a dam.
A EMPLOYER N AFFIRMATIVE ACTION EM LO ER
Mr. Norm Gilbertson 2 May 18, 1983
In accordance with District Ordinance 74-1, (attached) plans for this work or any other
work within 50 feet of the creek or that could affect the creek should be sent to the
District for our review and issuance of a permit.
The creek erosion problems downstream of the fill are extremely severe. The creek is on
a steep gradient (slope = .030), has a very small cross-section and has numerous small
culverts (approximately six-foot diameter). A six-foot diameter culvert with a foot of
cover has a capacity of about 250 e.f.s. and an outlet velocity of 15 ft/sec, which is
extremely erosive. The 1% and 10% flows at the "retention structure" are 1,366 efs and
657 efs respectively. Drainage area above the fill is about 1,715 acres. This data
indicates that the creek is subject to severe erosion.
The small sediment retention structure at the northerly end of your property does not
appear to have sufficient potential capacity to handle the sediment produced. The basin
was completely filled with sediment during the storm and the creek bypassed the basin.
In summary, it appears to us that the possible sediment production from your plant area
could easily fill a large amount of Permanente Creek downstream of your plant.
We therefore recommend that a comprehensive sediment reduction plan be done by your
company. It will probably require a much larger sediment reduction basin at your
northerly property line and another sediment reduction basin at some place further
upstream possibly at the existing "retention structure" fill. The erosion problems on the
creek through your property probably can't be solved except by building a channel lined
with erosion resistant material through your property from the existing sediment basin at
your northerly property line upstream, at least, to the present "retention structure" fill.
The sediment reduction dams would require an adequate spillway, riser pipe, etc., similar
to the debris retention structures used by the Los Angeles County Flood Control District
or that we have on Flint Creek and Norwood Creek in the San Jose area. A sediment
reduction plan would need to address a method of reducing on-site sediment production
and stream erosion.
We also recommend that a sediment sampling station be installed just downstream of
your plant and another on the Permanente Creek tributary northerly of your property.
Through a correlation of samples from these two stations, a better indication may be
given of the extent of your operations are contributing to these sediment problems.
Possibly a joint effort for this purpose could be arranged with the District and USGS.
The stations should continue in operation after installation of the sediment reduction
dams to evaluate their performance.
We also advised Mr. Rockwell, of County Parks and Recreation, that another debris
reduction facility, in addition to Kaisers, may be required just upstream of Highway 280
in order to reduce the sediment load from the drainage area contributing to Permanente
Creek downstream of the Kaiser Cement Plant. Mr. Rockwell said that the County as
well as the Midpenninsula Regional Open Space District would probably object to this
location. This matter will be studied more by the District.
II
Mr. Norm Gilbertson 3 May 18, 1983
We understood from our meeting on April 27 that you would need about a month to study
this entire matter in more detail. We will be contacting you in the near future to set a
date and time to discuss possible solutions to the sediment and erosion problems.
Sincerely
W. F. Carlsen
Division Engineer
Design Coordination Division
cc: . Mr. Marc Sylvester Mr. Bruce H. Wolfe, P. E.
Geological Survey California Regional Water
Water Resources Division Quality Control Board
855 Oak Grove Avenue San Francisco Bay Region
Menlo Park, CA 94025 1111 Jackson Street, Room 6040
Oakland, CA 94067
Mr. Tom Pedersen Mr. Vern Tipton
Department of Fish & Game Division of Safety of Dams
Water Pollution Department of Water Resources
Investigation Section State of California
P. O. Box 1500 P. O. Box 388
Fremont, CA 94538 Sacramento, CA 95802
Mr. Ronald Gruenwald Mr. Allen Shelley
City Engineer Director of Public Works
City of Los Altos City of Mountain View
1 North San Antonio Road P. O. Box 10
Los Altos, CA 94022 Mountain View, CA 94042
Mr. Jim Sirr Mr. Rantz Brattan
County of Santa Clara County of Santa Clara
70 West Hedding Street 70 West Hedding Street
San Jose, CA 95110 San Jose, CA 95110
Mr. Charles Rockwell Mr. Mike Rugg
Santa Clara County State Department of Fish & Game
Parks & Recreation Department Post Office Box 47
298 Garden Hill Drive Yountville, CA 94599
Los Gatos, CA 95030
dpenninsula Regional
OpmfSp-a-c-e-1)
isfricT-
375 Distel Circle
Los Altos, CA 94022
MEMBERS OF THE COUNCIL
East Palo Alto Municipal Council HENRY E.ANTHONY
Chairperson
GERTRUDE WILKS
' Vice-Chairperson
RUBEN ABRICA
PATJOHNSON
• za
BARBARA A. MOUTON
BOB ALLEN
' # COUNTY OF S►AN MATED
ADMINISTRATIVE OFFICER
MUNICIPAL CENTER • 2415 UNIVERSITY AVENUE, EAST PALO ALTO, CA 94303 (415) 324-1308
,May 18 1983
` II
Carol Hallett, Director
Department of Parks and Recreation
State of California
P.O.Box 2390
Sacramento, Ca 95811
Dear Ms. Hallett,
On Monday, May 2, 1983, the East Palo Alto Municipal Council unanimously
voted to endorse and support Midpeninsula Regional Open Space District's
grant application to obtain Federal Land and Water Conservation Funds to
acquire property for a key section of the South Bayfront trail in the East
Palo Alto and East Menlo Park baylands.
We agree with the need to preserve the subject site for recreational
use and environmental beauty. The Council wholeheartedly supports the re-
quest and encourages your department to give it the most careful consideration.
Sincerely,
EAST PALO ALTO MUNICIPAL COUNCIL
L
Henry E. Anthony
Chairman
HEA/RVA/jk
cc: Heoert Gren:h, General Meager,
Mi.dpeninsula Regional Open Space District
David Kelts, Park and Recreation Specialist
P 15 f.",.. x,eccT�Hl�;i T:,,:. s aryi"7 THIRD 1W EACH MONTH R` '110 P.M.
i
4
Fire Department �nG�W00� 1400 Broadway
Q811�OP818 Redwood City, California 94063
081ge nia Telephone (415) 364-1100
May 13, 1983
Executive Director
Midpenninsula Regional Open Space District
375 Distel Circle
Los Altos, Ca 94022
Dear Executive Director:
I read an article in the Thursday May 12th Penninsula Times Tribune that
talked about your agency buying the Hassler Health Hane canplex for
open space.
As the Training Coordinator for the Redwood City Fire Department I am very
interested in knowingwhat will happen to all the builds on the ca lex.
If you are going to remove than we would like to have access to them for
training purposes. It is difficult to find places where our people can
have good hands on training. The Hassler Health Home complex, if we were
able to use it would be like striking gold. If we were able to use it we
would open it up to all the surrounding fire angencies.
Please let me know as soon as possible as to the disposition of the complex
because an area of this size will take a lot of planning to realize its
full potential. Please send response to:
Al Becketti
Training Coordinator
Redwood City Fire Department
Redwood City, Ca 94061
Respectfully
Al Becketti
MAY 9 1983
' 4
'Ravenswood Recreation & Park District
550 BELL STREET • PHONE 323-4164 j•
EAST PALO ALTO. CALIFORNIA 94303 �.
BOAR❑ OF OIRECTORS
A. PETER EVANS NORMAN A. FONTAINE
ROBERT L. STAMPER WILLIAM E. TINSLEY �•t" -Afflq
CHRISTINE KEISHA WILLIAMS f
May 5, 1983
Mr. Herbert Grench
General Manager
Midpeninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los Altos, California 94022
Dear Herb:
Thank you for coming to our Board of Directors meeting on May 3,
1983 and offering such a fine presentation of the Open Space District
and San Mateo County Bayland Acquisition project. Your slide show
was colorful and gave us clear insight into the many park spaces the
District has available.
We are pleased to inform you that the Board of Directors of Ravens-
wood Recreation and Park District, in its meeting of May 3, 1983, passed
a Resolution supporting your Federal Land and Water Conservation appli-
cation. We are forwarding copies of the Resolution to the State Department
of Parks and Recreation to Ms. Carol Hallett and to David Kelt. Attached
is a copy for you.
We would appreciate receiving a copy of your Land and Water Conservation
application and looking forward to a cooperative working relationship with
you and your District. The Board of Directors is interested in what support
you can give us in filling the open space shortage which exists in the East
Palo Alto community. Particularly, we are in the process of negotiating
for the Ravenswood High School site where 23 acres of open space exist, and
want to know if you have any suggestions on how we may secure funds to pur-
chase this acreage.
Thank you again for meeting with us. If_ you have any questions or
comments, please do not hesitate to contact us.
Sincerely,
Robert A. Alexander
Superintendent
RAA:mst
Enclosure
I
.:"
RESOLUTION NO.315
RAVENSWOOD RECREATION & PARK DISTRICT
BOARD OF DIRECTORS
SUPPORTING GRANT APPLICATION FOR FEDERAL LAND AND
WATER CONSERVATION FUNDS FOR PROPERTY FOR KEY
SECTION OF SOUTH BAYFRONT TRAIL IN EAST PALO ALTO
AND EAST MENLO PARK BAYLANDS
WHEREAS, the Congress under Public Law 85-578 has authorized the
establishment of a Federal Land and Water Conservation Fund Grant-in-Aid
Program, providing matching funds to the State of California and its
political sub-divisions for acquiring lands and developing facilities for
public outdoor recreation purposes; and
WHEREAS, the State Department of Parks and Recreation is responsible
for the administration of the program within the State, setting up
necessary rules and procedures governing application by local agencies
under the program; and
.WHEREAS, the proposed Property for Key section of South Bayfront
Trail in East Palo Alto and East Menlo Park Baylands - Outdoor Recreation
project is consistent with the State Outdoor Recreation Plan in California;
and
WHEREAS, the project must be compatible with the land use plans of
those jurisdictions immediately surrounding the project;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Ravenswood
Recreation and Park District supports the following:
1. Urges the Department of Parks and Recreation, State of California
to fund the San Mateo County Baylands Park Acquisition project as
submitted by the Midpeninsula Regional Open Space District; and
2. That the project is compatible and would provide residents of
East Palo Alto with needed regional access to the shorelines and form
a vital link to hiking/biking trail system through the Baylands; and
3. That the Clerk of the Board of Directors of Ravenswood Recreation
and Park District is hereby authorized and directed to cause certified
copies of this Resolution to be filed with the Director of Parks and
Recreation, State of California.
Regularly passed and adopted this day of�tl�_• 1983.
AYES and in favor of said Resolution:
NOES and against said Resolution:
BAORD MEMBERS ABSEW:
ATTEST:
C erk of the Board of Directors
Clerk of the Ravenswood Recreation
and Park District, hereby certify that the foregoing is a full, true
and correct copy of the original Resolution adopted on the day
of 1983.
C-IeA, Ravenswood Recreation and Park District
Board of Directors
-2-
i
f-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 17 ,, 1983
TO: Board and Staff
FROM: D. Hansen, Land Manager, and C. Britton, Land Acquisition
Manager
SUBJECT: Property Acquisition: Addition to Manzanita Ridge -
120 acres
The District has acquired Shields Property
(name of property)
as of May 13 , 1983
(date)
A map of the property is attached for your reference.
NOTE:
CALOFORHOA AIDWOCHE09 OHCo
Park Executive Bldg.,925 L Street,Suite 380,Sacramento,CA 95814 (916) 441-5050
May 23, 198
3
gY24103
MEMO TO: Herb Grench
FROM: Ralph A. Heim
SUBJECT Legislative Report
RANCHO RAYMUNDO
At your request, and with the assistance of Assemblyman Sher, on
May 18 we inserted language in the Parks and Recreation budget to
to address the above cited project. Since the Senate budget does
not contain the same language, we will make certain the item is con-
tained in the Conference Committee Report.
Also, the Parks and Recreation staff is not certain money is avail-
able for the project, but as we discussed May 20, the staff may be
E unaware of the latest developments.
PI.5E HILL VISTA POINT
With the material you provided m6 April 27 relative to this project,
we are attempting to include the item in the Cal Trans budget. This
matter may be a candidate for the Conference Committee, and we will
work with Senator Alquist toward that end.
AB 555 - CAMPBELL
AB 555 (Campbell) relating to hazardous recreational activities is
scheduled in Senate Judiciary for May 31. We continue to give this
measure high priority, and letters from you to the Committee would
be helpful.
REDEVELOPMENT
We had hoped the Legislature would address redevelopment reform in a
meaningful way this session, but it now appears only slight reforms
may occur.
We will continue to work with Assemblyman Hannigan and others in an
y 9
attempt to focus on the tax increment issue.
i
Memo to Herb Grench -2- May 23, 1983
PROPERTY TAX STATUS
At this writing, the District's share of the property tar appears
to be secure. As the debate on the budget commences in earnest, we
will have a clearer picture of the available revenues and will
monitor the situation with a high priority.
ROBERTI-Z'BERG FUNDING
There is still a chance to slip $91,660 in the Budget Conference
Committee, but such a move must be done without drawing attention
to the item. Senator Alquist will be on the Conference Committee
and remains our best candidate for such a move.
My goal is to attempt the addition without other "losers" finding
out and adding their last funds to the budget item.
Please let me know if I can provide you with any other information relative
to other legislative issues.
RAH/el
M-83-55
lder
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
May 19 , 1983
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Schedule
This is a reminder that I plan to be out of the office the
week of June 13.
i
Claims ^3-10 Revised
Meetir. ;3-13
May 25,1983
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
C L A I M S
Amount Name Description
982 $ 12.40 Amerigas Oxygen/Acetylene Refill
983 67. 73 CA Water Service Co. Utilities-Rancho San Antonio
"984 49.00 Cardillo Travel Systems , Inc. Seminar-S. Shipley
+985 4,681.18 Clevenger Realty Appraisal Co.Appraisal Consultant-Acquisition
4986 327.60 Contemporaries Temporary Trail Aides-Windy Hill
4987 19.01 Crest Copies Bluelines
!4988 40.19 H.S . Crocker Co.', Inc. First Aid Kit
>989 280.47 Curtis Lindsay Filing Cabinet _
4990 67.63 The Dark Room Photo Processing
4991 32.00 Dianne Dryer Private Vehicle Expense
4992 113.19 John Escobar Seminar-J. Escobar
4993 12.50 Federal Express Corp. Delivery Service
4994 125.00 First American Title Preliminary._Titje: Report
Insurance Co. -
4995 200.00 First American Title Guaranty Preliminary Title Report
Co.
4996 1,951.00 Frahm, Edler and Cannis Engineering Services
4997 40.00 Geogroup Corp. Computer Workshop-Del Woods
4998 723.00 Hengehold Motor Co. Truck. Rental
4999 309.99 Harfst Associates , Inc. Computer Services-April
5000 312.50 Andrea Hendrick Graphics and Typesetting-May 14
Flyer
5001 199. 80 Honeywell Protection Services Burglar Alarm-Ranger Office
5002 180.00 Interior Technology AssociatesConsultation Fee-Office Layout
5003 78.81 Langley Hill Quarry Road Rock for Skyline Ridge
Open Space Preserve
5004 1,296. 67 Lynn Marsh Graphic and Typesetting-Progress
Report
5005 50. 26 Charlotte MacDonald Private Vehicle Expense
5006 197. 03 Micromedia, Inc. Microfilming District Documents
5007 40.19 Minton' s Lumber Supply Bridge Materials
5008 450. 00 Miracle Auto Painting Painting-2 Trucks
I5009 28.50 Stanley R. Norton Legal Expenses-March and April
5010 276. 92 Orchard Supply Hardware Plumbing and Field Supplies
5011 35. 20 PG and E Utilities
Clair 83-10 Revised
Meet 83-13
Amount Name May kj ,1983Description
5012 $ 1,220.09 Peninsula Oil Co. Gas for District Vehicles
'' S013 . 15 .31 Rancho Hardware and Garden Miscellaneous Shop Supplies
Shop
I! 5014 226. 85 Redwood Trade Bindery Brochure Folding-Monte Bello and
Los Trancos Open Space Preserve
5015 240. 00 The Regents of U.C. Fire Ecology Seminar-J. Escobar
and D.. Danielson
5016 4,619.07 Kurt L. Reitman Appraisal Services
5017 34.40 Suzanne Shipley Private Vehicle Expense
e
5018 113.63 Snap-on-Tools Torque Wrench
5019 108. 93 Western Fire Equipment Co. Fire Fighting Equipment
5020 62. 62. Uno Graphics Brochures-Fremont Older Open Space
Preserve
5021 68. 38 Alice Watt Private Vehicle Expense
5022 585 .87 Xerox Corp. Xerox Supplies and Maintenance
`5023 61.24 West Coast Rebar Co. Fencing Material-McNiel Lot
�5024 91. 78 ZZZ Sanitation Co. Toilet Rental-Monte Bello Open
Space Preserve
5025 405.00 'Alfred H. Truesdell and Debt Service-Rongey Property
Karen Truesdell
5026 264, 600. 00 First Interstate Bank 1982 "Ne'gotiable Promissory Note-
Interest Payment
5027 50.00 Dave Killilea Stove Installed-Hosking House
5028 30.00 Federal Licensing,J.V. Filing Fee for FCC Radio License
5029 3,530,000.00* First American Title Land Acquisition-Hassler Health
Insurance Co. Home Property
5030 10,895.65 John Ehret Dodge/Chrysler,Inc.1983 Dodge Ramcharger-Ranger Vehicl(
5031 201. 38 Petty Cash Film and Mailers,Meal ' Conferences,
Miscellaneous Office Supplies ,
Computer C1ass ,Private Vehicle
Expense,and Photo Processing
*Maximum cost, actual check to be written for amount
necessary to close escrow, final amount to be reported
on a later claims list.