HomeMy Public PortalAbout19851009 - Agendas Packet - Board of Directors (BOD) - 85-28 Meeting-`85-28
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
Wednesday, 7 : 30 P.M. BOARD OF DIRECTORS 375 Distel Circle, D-1
October 9 , 1985 A G E N D A Los Altos , California
(7 : 30) * ROLL CALL
APPROVAL OF MINUTES (September 25 , 1985; October 2 , 1985)
WRITTEN COMMUNICATIONS
ADOPTION OF AGENDA
ORAL COMMUNICATIONS
OLD BUSINESS WITH ACTION REQUESTED
(7 :45) 1 . Responses to Letters of Gughemetti and Stone -- S . Norton
(8 :05) 2 . Final Adoption of the Interim Use and Management Plan for the Closs
Property Addition to the Rancho San Antonio Open Space Preserve --
D. Hansen
( 8: 10) 3 . Final Adoption of the Interim Use and Management Plan for the Daley
Property Addition to the El Sereno Open Space Preserve -- D. Hansen
(8 :15) 4 . Long Term Office Space Status and Request to Enter Into Negotiations
for Short Term Office Space -- H . Grench
NEW BUSINESS WITH ACTION REQUESTED
( 8 :25) 5. Possible Changes in District' s Rules of Procedure -- T. Henshaw
(8 :55) INFORMATIONAL REPORTS
CLAIMS
CLOSED SESSION (Land Negotiation and Litigation Matters)
*Times are estimated. Agenda is subject to changes of order.
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 OraZ Communications. When recognized, pLease begin by stating your name
and address. Conciseness is appreciated. We request that you complete the form
provided so that your name and address can be accurately incZuded in the minutes.
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
9 Meeting 85-26
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
REGULAR MEETING
BOARD OFDIRECTORS
SEPTEMBER 25 , 1985
MINUTES
I . ROLL CALL
President Teena Henshaw called the meeting to order at 7 :32 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw,
Edward Shelley, Nonette Hanko, and Harry Turner. Richard Bishop
arrived at 7 : 48 P.M.
Personnel Present: Herbert Grench, David Hansen, Mary Hale, Stanley
Norton, Jean Fiddes, Alice Cummings , and Cecilia Cyrier.
II . APPROVAL OF MINUTES
1) August 28 , 1985
E. Shelley indicated there was no record of a vote for the motion
begun on page five and continued onto page six. The Board affirmed
the vote had been 4 to 0. He also stated that the motion begun at
the bottom of page 8 and continued on page 9 was repeated in its
entirety at the top of page 9 .
Motion: E. Shelley moved that the Board approve the minutes of
August 28 , 1985 as amended. H. Turner seconded the motion.
Discussion: K. Duffy questioned the meaning of Candace
Stone ' s statement in the discussion section of the motion
on page three and the Board concurred that it did not refer
to multi-car accidents.
The motion passed 4 to 0 with K. Duffy and D. Wendin
abstaining because they were not present at that meeting.
2) September 11 , 1985
E. Shelley noted that there was no seconder for the motion at the
bottom of page five. D. Wendin said he had seconded the motion.
Motion: K. Duffy moved that the Board approve the minutes of
September 11 , 1985 as amended. H. Turner seconded -the
motion. H . Turner abstained since he was absent from
the meeting, and E. Shelley abstained because he was
absent from a portion of the meeting. The motion passed
5 to 0.
III . WRITTEN COMMUNICATIONS
C. Cyrier stated that the Board had received the following written
communications:
Herbert A.Grench,General Manager Board of Directors:Katherine Dully,Nonetle G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 85-26 Page 2
1) a letter from Fred Smith , 436 Mendocino, Brisbane, stating that
the District had done an excellent job in land acquisition and
that he hoped the District will not have to abandon its goals
and the use of eminent domain;
2) a letter, dated September 12 , 1985 , from Phyllis Cangemi, Director
of the Whole Access Project, reaffirming the organization' s par-
ticipation and support in the Skyline Ridge Open Space Preserve
Master Plan, and offering help in refining plans and supporting
funding to fulfill the whole access aspects of the Master Plan;
3) a letter, dated September 11, 1985, from Jim Warren, 345 Swett
Road, Woodside, regarding the management of El Corte de Madera
Creek Open Space Preserve in areas of road maintenance, issuance
of gate keys to fire protection agencies, and preservation of the
horseshoe table; and
4) a letter, dated September 20, 1985 , from Marilyn U. Bauriedel,
urging the District to adopt an eminent domain policy similar to
the one currently followed.
T. Henshaw requested staff respond to the written communications.
N. Hanko said she had just received a letter to the Board from Jay
Thorwaldson, Star Route 2 , Box 185 , La Honda, relevant to eminent
domain and that he requested it be read . T. Henshaw said it could
be read at the time the seventh agenda item was discussed.
IV. ADOPTION OF AGENDA
H. Grench introduced Mary Hale, the District' s new Public Communications
Coordinator. T. Henshaw welcomed M. Hale on behalf of the Board.
T. Henshaw stated that the agenda was adopted as presented by Board
consenses.
V. ORAL COMMUNICATIONS
Charles Touchatt, P.O. Box 254 , Redwood City, asked why staff no longer
put out coffee and cookies for the Board meeting . J. Fiddes responded
that she was experimenting with not providing coffee and cookies '
because of the impact on staff due to last minute preparations for
Board meetings on Wednesday afternoons . The Board concurred that they
would like to see the return of coffee and cookies for Board meetings .
VI . NEW BUSINESS WITH ACTION REQUESTED
A. Proposed 1984 Bond Act Grant Application (Skyline Ridge Open Space
Preserve Development Project) (Report R-85-50 of September 18 , 1985)
D. Hansen stated that staff was recommending submittal of a Bond
Act grant application in the amount of $392 ,00 for development at
Skyline Ridge Open Space Preserve. He said that the District is
also requesting some financial assistance from the Peninsula Open
Space Trust.
Cindy Quarton, Assistant Director of POST, reported that their
Task Force was scheduled to meet on Friday, September 27 and that
the $10 , 000 funding shown for the Skyline Trail would be discussed
at that time and was a negotiable item. She said POST had already
committed money to the observation blind, signing, and the picnic
facility.
Meeting 85-26 Page 3
H. Turner asked if there were additional steps that could be taken
to assure the awarding of the grant, such as endorsement from the
Whole Access Project, the Board of Supervisors of San Mateo County,
Senator Morgan and others . D. Hansen indicated that various
individuals and organizations would be contacted for support.
H. Turner indicated that if staff came to him he would lend all
the support he could.
Motion: R. Bishop moved that the Board adopt Resolution 85-48 ,
a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District, Approving the Application
for Grant Funds Under the Regional Competitive Program of
the California Park and Recreation Facilities Act of 1984
for Skyline Ridge Open Space Preserve Development Project.
H. Turner seconded the motion. The motion passed 7 to 0.
B. Proposed Contract Renewal with Fee Increase for Le illative Consultant
(Memorandum M-85-141 of September 16 , 1985)
H. Grench stated that since the passage of Proposition 13 the
District had used the services of a lobbyist in Sacramento for
legislative purposes. He indicated there had been no fee increases
over the past two years , the services of California Advocates had
been very good, and he was therefore recommending a fee increase
from $900 to $1000 per month, retroactive to July 1 , 1985. He said
that the Legislative Committee concurred.
Motion : N. Hanko moved that the Board authorize the President to
execute the revised Consulting Services Agreement with
California Advocates , Inc . including a fee increase from
$900 to $1000 per month. H. Turner seconded the motion.
The motion passed 7 to 0.
C. Appointment to "Preservation 2020" Task Force (Memorandum M-85-145
of September 20 , 1985)
N. Hanko said she would be willing to serve on the Task Force.
T. Henshaw clarified that staff would be back-up for her.
Motion: D. Wendin moved that the President be authorized to appoint
Nonette Hanko to the Santa Clara County "Preservation 2020"
Task Force. H. Turner seconded the motion. The motion
passed 7 to 0 .
T. Henshaw officially appointed N. Hanko as the District's represen-
tative to the Task Force.
D. Scheduling of a Special Meeting for Performance Evaluations of Board
Appointees (Memorandum PI-85-146 of September. 20 , 1985
The Board discussed possible dates for the Special Meeting.
Motion: R. Bishop moved that the Board schedule a Special Meeting
on Wednesday, October 2 , 1985 at 7 :30 P.M. at the District
offices for the purpose of conducting performance evalua-
tions for Herbert Grench and Stanley Norton. K. Duffy
Meeting 85-26 Page 4
seconded the motion. It was agreed that since M. Foster
was apparently not available that night, his review would
have to be done at another time.
Discussion : H. Turner questioned if there were options
as to whether the meeting be open to the public. S . Norton
stated that performance evaluations for Board appointees
could be conducted in Closed Session, while the discussion
of amount of increases in compensation, if any, would be
appropriate for the full Board to do in public session.
D. Wendin spoke in favor of creating a sub-committee of
the Board to explore non-salary compensation since it
would not be practical for the full Board to consider such
information in an open meeting.
N. Hanko questioned whether comparable data would be used
by the Committee and whether this information would be
available to the public.
The motion passed 7 to 0.
E. Shelley and R. Bishop said that they supported the idea cif a
sub-committee reporting back to the Board at a public meeting on
whole compensation packages , including options , but not necessarily
making recommendations to the Board.
Motion : H. Turner moved that the Board appoint a special sub-
committee of the Board consisting of three Board members
to evaluate optional compensation packages for Board
appointees , presuming that, as a result of performance
evaluations , the Board would be asked to consider increases.
R. Bishop seconded the motion.
Discussion: Tom Kavanaugh, 1726 Spring Street, Mountain
View, spoke against the action proposed by the Board.
In response to a question from C. Touchatt, T. Henshaw
said that such evaluation reports are not public informa-
tion, but that compensation recommendations would be public
information.
N. Hanko said that she felt uncomfortable in delegating
Board responsibility in this matter to a committee and
that she felt comparables should be available for the
October 2 Special Meeting.
The motion passed 6 to 1 . N. Hanko opposed the motion.
T. Henshaw, with concurrence of the Board, appointed Directors
Duffy, Shelley, and Henshaw as members of the sub-committee to
evaluate the total compensation packages for Board appointees.
Meeting 85-26 Page 5
Motion: R. Bishop moved that the Board ratify the appointment
of Directors Duffy, Shelley and Henshaw as members of
the sub-committee. E. Shelley seconded the motion.
The motion passed 7 to 0 .
K. Duffy raised the question as to how comparables would be
obtained and who is to do it. N. Han' ko said she believed it was
improper for the committee to ask for comparables.
Motion: D. Wendin moved that the sub-committee be directed to
obtain comparable compensation information but that the
sub-committee decides what adequate comparables are.
H. Turner seconded the motion. The motion passed 6 to 0 ,
with N. Hanko abstaining from the vote.
VII. OLD BUSINESS WITH ACTION REQUESTED
A. Final Adoption of the Interim Use and Management Plan for El Corte
de Madera Creek Open Space Preserve (Memorandum M-85-142 of
September 17 , 1985)
D. Hansen reported that since close of escrow on September 5 , phone
calls from neighbors had been received concerning the continued
presence of motorcycles on the site.
Craig Conway, 2001 Bear Gulch Road, Woodside; Norton Brenner, 650
Swett Road , Woodside; Walter Reynolds , 360 Swett Road, Woodside;
Robert Upton, 245 Allen Road, Woodside; and Charles Moore , 410 Star
Hill Road, Woodside addressed the Board regarding use and manage-
ment concerns they had for the property including the continued
presence of motorcycles an the
site and the noise they generate;
the quality of the water supply in the area; access to the property;
hazards on the property; the impact of the ultimate use of Parcels
1 and 2 on Bear Gulch Road as access to the property; and the need
to record the history of the area. Mrs . Brenner and the Moores
volunteered to prepare a history of the area for the District.
H. Turner reported that he had received a phone call from Carl
Djerassi, 2325 Bear Gulch Road, Woodside, expressing his desire
for motorcycle use of the property to be discontinued, concerns
regarding noise from the motorcycles and requesting information
regarding fire prevention.
Motion: N. Hanko moved that the Board adopt the Interim Use and
Management Plan for El Corte de Madera Creek Open Space
Preserve, including the naming of the property and the
dedication of the property as public open space.
H. Turner seconded the motion. The motion passed 7 to 0.
B. Final Adoption of the Interim Use and Management Plan for the Oden
Property Addition to the Sierra Azul Open Space Preserve - Mt.
Umunhum. Area (Memorandum M-85-143 of September 20 , 1985)
D. Hansen reported that a letter had been received from Robert
Barlow, Chairman of the Mt. Umunhum Property Owners Association,
concerning wildfire protection in the area and that H. Grench had
Meeting 85-26 Page 6
responded to the letter. D. Hansen said that an additional recom-
mendation to the Interim Use and Management Plan had been included
to help resolve concerns about public parking rights and access
to the site.
Motion: R. Bishop moved that the Board adopt the Interim Use and
Management Plan for the Oden property addition to the
Sierra Azul Open Space Preserve as contained in report
R-85-39 and amended in memorandum M-85-143, including
the naming of the property and the withholding of the
property from dedication as public open space. K. Duffy
seconded the motion. The motion passed 7 to 0.
T. Henshaw called a recess at 9 : 10 P.M. and the meeting reconvened
at 9: 15 P .M.
C. Eminent Domain Use Questionnaire (Memorandum M-85-144 of September
19, 1985)
T. Henshaw read the letter from Jay Thorwaldson, encouraging the
Board to fill out the questionnaire, take a straw vote , use public
input, and put together a policy for the acquisition of open space
that allows for a wide range of alternatives .
T. Henshaw requested N. Hanko to chair the meeting for this agenda
item.
N. Hanko noted the following corrections to the questionnaire:
On 1 third line "Strategic Options" had been renamed "Policy
page
g p Y
Options" ; middle of page, under "Unimproved Property, " number 4
should be 5 and then numbered sequentially. On page 2 , under F,
"E
xemption tion of Exist
ing t_ng Homesite on large acreage (can apply to
types 2 and 3") should read types 2 and 4 . She said the definition
of "Institutional or Commercial Ownership" has been included for
clarification purposes on the wall charts.
N. Hanko reviewed and explained the questionnaire and the policy
options in detail and said she would like to see each item dis-
cussed among the Board members , hear input from the public, and
then take a straw vote.
E. Shelley said that the Board needed to reflect on these options
after Board discussion and that he did not favor any voting
occurring at the meeting. The Board concurred that discussion
and clarification of definitions would take place during the
meeting, with the questionnaire to be completed individually after
the meeting and returned to the Committee for study. Issues dis-
cussed by the Board included : definition of a homesite and
property; private open space and the threat of. large undeveloped
areas of property; the question of whether private open space
needed to be incorporated into eminent domain policies , the use
of contracts and whether they are needed; the definition of a
developed community with size and location factors taken into con-
sideration; identification of developed communities in conjunction
I
Meeting 85-26 Page 7
with the Master Plan study; use of more precise language in
examples; the question whether size needed to be considered in
the unimproved property category and if so how would size be
determined; development of policy for trail situations; and
consistency between Basic Policy and Eminent Domain Policy
guidelines .
The following individuals addressed the Board during the discussion:
Jay Thorwaldson, Tom Kavanaugh, Sandra and Charles Touchatt, Dave
Sutton, Bob Piety, and Mrs . Stella Anthony.
The Board concurred that questionnaires were to be returned to
the Committee on Wednesday. October 4 .
VIII . INFORMATIONAL REPORTS
D. Hansen reported on the liability questions concerning flood control
on the Leslie Salt levee.
D. Hansen said that about two-thirds of the new trail on Long Ridge
Open Space Preserve was complete and that there would be another
volunteer day on the Preserve on Saturday, September 28 .
T. Henshaw requested that the minutes reflect the meeting with the
Board of Supervisors of San Mateo County had been a successful one.
She said she would send a follow-up letter to Jackie Speier on the
meeting.
R. Bishop reported that he had presented the Twentieth Anniversary
Resolution of Congratulations to the Bay Conservation and Development
Commission at their recent meeting.
IX. CLAIMS
Motion: D. Wendin moved that the Board approve the Revised Claims
85-20 of September 25 , 1985 . E. Shelley seconded the motion.
The motion passed 6 to 0, with N. Hanko abstaining from the
vote on Item 8552 .
X. CLOSED SESSION
T. Henshaw announced that no litigation matters would be discussed
during the Closed Session. The Board recessed to Closed Session on
land negotiation matters at 11 :37 P.M.
XI . ADJOURNMENT
The Board reconvened to adjourn at 11 : 45 P.M.
Cecilia A. Cyrier
Secretary
��IDPE0ZNSu�/\ REGIONAL OPENSPACEDZS,�DI<��� Date: Sept. /�' `�n�
REVISED |
CL /\ ZMS �
� Amount 2Vacpe Description
|
� 8735 361 ,63 Ace Fire Equipment & Service Co. Fire Extinguisher Maintenance �
� 8736 644.83 Antonin Volkswagen, Inc. District Vehicle Repair
� 8737 2,080.00 Buzzard Ridge Trucking Road Repair--Coal Creek
� 8738 128.30 Best Products Co. , Inc. Binoculars �
� 8739 253.39 California Water Service Water Service '
�
8740 24,49 David Camp Reimbursement--Film and Processing �
8741 149.64 Clark/s Auto Parts and Machine Shop District Vehicle Parts
�
8742 590.81 Communications Research Company Radio Materials and Maintenance �
� 8743 68.91 Crest Copies Inc. Map Duplicates and Xerox Copies
8744 300.00 Susan Cretekos Patrol Services for September
8745 135.00 CSULB Foundation Registration--Herbert Grench
� 8746 9,63 The Dark Room Photo Processing
8747 500.00 Fairview Construction, Inc. Road and Culvert Repairs
8748 125.00 First American Title Insurance Co. Preliminary Title Report
8749 194.21 Foster Brothers Security Systems Padlocks
8750 170.00 Department of General Services-Santa Radio Dispatching Service--August
� 751
160^0 Herbert Qre»ch Clara County Reimbursement--Conference Registrat|
National Recreation & Park AssoclaLi
8752 136. 11 International Business Machines Corp. Office Supplies
� 8753 42.6O Langley Hill Quarry Supplies for Trail Reoalrs
8754 295.28 Lawrence Tire Service, inc. District Vehicle Repairs
| 8755 770.00 Los Altos Garbage Company Dumpster Rental
8756 585,50 MYnton's Lumber and Supply Field Supplies
8757 133.55 Stanley R. Norton July and August Expenses
8758 Systems,lS OO On-Line Business � � Inc.. ys , Computer Services
8759 383. 16 Orchard Supply Hardware Field Supplies
� 8760 100.88 Pacific Gas and Electric Company Utilities
3.36 Clty of Palm Alto Utllities Utilities
� 8761
8762 31 .56 Peninsula Blueprint, Inc. Bluel /nes
8763 195.00 The Peninsula Times Tribune Advertisement
8764 406,44 Petnotak Petrutlta Tank Test for Skyline
| 8765 351 ~63 Pine Cone Lumber Co. , Inc.. Field Supplies
8766 44. 14 Pitney Bowes Meter Rental
�8767 149.66 Service Merchandise 8earcat BC170 Scanner
8768 14.58 Skyline County Water District Water Service
8769 589.53 S & W Equipment Company Field Supplies
i
r
| '
| ' REVISED
L �_ Description
8770 �
1 ,850.00 John H. Ta| lett Legal Fees--August |
771 44.49 Union Oil Company of California Fuel for District Vehicles �
772 140.20 Western Fire Equipment Company Parts for Water Pump |
551 .09 Xerox Corporation Xerox Supplies
8774 |
66. 13 Yolles Equipment Sales Equipment Repair Parts
8775 �
43.05 Mary Qun6art Private Vehicle Expense
776 125.94 Petty Cash Office Supplies,, Drafting Supplies, �
� Subscriptions and Meal Conferences �
. �
777 366.00 The Travel Place Professional Conferences--Herbert �
� Grench and L. Craig Britton
�.
�
�
�
'
�
. �
�
�
\ |
� |
�
�
|
�
|
|
/
�
� |
|
Meeting 85-27
't
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
SPECIAL MEETING
BOARD OF DIRECTORS
OCTOBER 2 , 1985
MINUTES
I. ROLL CALL
President Teena Henshaw called the meeting to order at 7 :39 P.M.
Members Present: Katherine Duffy , Daniel Wendin, Edward Shelley, Teena
Henshaw, Harry Turner, and Richard Bishop.
Member Absent : Nonette Hanko.
Personnel Present : Herbert Grench, Stanley Norton and Michael Foster.
II . CLOSED SESSION
The Board recessed to Closed Session at 7 :40 P.M. for performance
evaluations of Board appointees .
III . ADJOURNMENT
The Board reconvened to adjourn the meeting at 11 :25 P.M.
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
I
WRITTEN COMMUNICAT'
Meeting 85-28
Oct. 9 , 1985
29 September 1985
Board of Directors
Midpeninsula Regional Open Space District
375 Distel Circle , D-1
Los Altos , CA 94022
Dear Sir or Madam:
As next-door neighbors to your El Sereno Open Space Preserve we
naturally find ourselves more than somewhat interested in your
proposed acquisition of the property adjoining ours , Parcel
Number 517-24-014 .
And we naturally are of mixed emotions about it . When we moved
here in 1972 , one of the major attractions of the property for
us was its privacy and isolation. The most intrusive noises
were those of coyotes and bluejays , and the most significant
nighttime light was the full moon. Civilization is finding its
way up here now, and we recognize the inevitability of that , but
we of course would like to preserve as much as possible of the
serenity as long as possible . Having an Open Space Preserve as
an adjoining neighbor seems to us a far better alternative than
having a house looking down into our bedroom windows .
We find ourselves a little alarmed , however , at the proposed
traffic increase on the access road , our only driveway to the
outside world , and the proposed development of a parking lot
thirty feet from our bedroom on a flat space just sufficiently
elevated above us to afford convenient viewing by the public.
Regarding the access road : Maintenance of the road by the
county has been minimal through the years, although it has been
used by heavy machinery en route to the Open Space as well as by
the public whenever they wish (it was pretty crowded when large
numbers of people wanted to watch the recent Lexington fire) ,
and although it is an important fire equipment access to the
upper Bohlman Road area . In periods of heavy winter rains there
is considerable runoff from the Open Space and considerable
water damage. During the very heavy rains a few years ago, when
Bohlman Road was blocked for several days by a large mudslide ,
the access road and the fire trail through the Open Space
Preserve were used extensively by residents on the upper part of
Bohlman Road to get to the outside world via Montevina Road , and
considerable wear and tear was sustained .
It seems to us that increasing the traffic should occasion some
sort of upscaled maintenance on the road , and perhaps your
influence upon the county would be more persuasive than ours .
As your proposal suggests, some sort of limitation of vehicular
access would also be gratifying to us .
Incidentally, your patrols have always been welcome here , from
the first . Motorcycles and gunfire have been virtually
eliminated thanks to them. We have come to know one or two of
the patrol personnel personally , as well . No problem there.
Regarding the parking lot : As indicated above , there is nothing
between our house and the proposed parking area but a thin
screen of broken chaparral . If you were to build a parking lot
there , we feel some more substantial barrier should be
developed , such as possibly a significant fence augmented by a
planting of natural flora. What we would like to urge for your
consideration instead , however , is the development for parking
of the area just at the top of the first hill , where
considerable flat space exists now and which could be made into
parking facilities with a minimum of expense, thus preserving ,
to some degree, the integrity of our property as well as that of
our neighbor , Ms . Varela , whose land also adjoins your proposed
acquisition.
We welcome the opportunity to work with you to develop a
situation beneficial to us all . Thank you for advising us of
your possible acquisition, and we look forward to being kept
current on future developments .
Sincerely ,
Anne and Gordon Dunham
19090 Bohlman Road
Saratoga, CA 95070
(408) 867-0133
jl J 4J
G U
z 0
" U C al
4J -0 -P r. 0
4J >1 --i C. .-I C:
Ll
0 12 0 0 .3
al u -Q
::i 0 al III G U, u N 0 �31
:I > -14 u -A 01 0 r 4 41 54 cl Q c -V :1 0 --1
li4 3 7 1~ --I 4J Q 4J � •-j 0 r4 0 4J k+i
�j o
'17) ;1 C) 0 0 u3 FJ -P 5., r) Q 4 +J
> S4 41 C U 3 U 4,j 27 0 Id , C C 4-J 0
Ll 0 14 (11 - 4J -I
ul
cl C CJ rt 0 C 0 4j cri 4D Ci 0 lij 0
ri 13 .14 C- 4A (o I-A 0 -0 -4 Ul S4 0 Q III C It
X: t:: 0 a) 41 > �4 4J -A Z�4
f('I (J r- 4J 4l t1l Sa 4-) C ',It 0 r -1 ri S4 (5 _4
.121 Vj -A t --4 f% :3 ii
.Q 0 ell t i4 -f 43
V', T-1 7.1 r13 .1) --1 C: 0 0 0
44 ;.,, tU Z 0 r-- O -A >
F3 :r cl ri 0 0 li All rl 41 -4 41
_0 0 -4 4J S•4 Cl C. 411
4-J O i c T1 J1 U0 1!1 C0
d > -4 01 C iC: ;11 C cl a, " 0 of -=
1�.
-0 S4 1-1 El A 4-) (D I-i tC# 4J III rl S4 J > :; IM 0 S4
tiY �j 0 X, 'Ll 11, Q Iz 0) 4-1 '#4 C� 0 (11 i
U. tj (D �11 ri
I'D ;4 -i xi 0 •-A > '+l U! 0 C' 4J Sx 0 t11 r- ti 41 '1)
� 0 4-j 2 (D CI 0 s4 4-1 4-1 0
Cl 4J 4 1 :3 zj r: 0
Oj rj p4 +j I C I::
+li S4 --A
71 � -1 TJ M 0 til a .0 :j (i 3 .0 0 0 fit
i~ t) 0 -J *T) 0 U -j i{ I C- a) 0 Ck r 0 k} O 0
rj ji 0 --4 rl Q 03 --4 c Ci 11 ID 0 •-1 ri S4 X.
tt 0 2i 0 i t'j 7j '14 0 (:; > 0 a, Ct '0 0
P4 :3 '-4 cl 4
r In
c: t i 0 4J C, --4 -1 (D 0 ID Q- c`j U Tj
0C Ci .41 It-i it 6 1 C) 0 0 ,-*i.5 A- 10 0 t] 7j a C -1 -0 0 (U p fi c iJ
'1 !.4 I'll ("I 'I ri S4 �4 ID r 4-1 C Cl -A f -4 -Fj 0 0 Q cu G in
V4 11, 0 �4 4 � a li C. :3 4 0 Q (Ij k-j FJ r.,
D 6) C: CU 0 4-1 f-i IJ
;j 0 C) rl 1) of is ri (z! 4' r_) U) 0 4-1
[j '44 i4
� -4 1" C; 43 f cl 0 co cli !4 C- cri
E-4 63 +11 ri �J 0 a) 0 (1) cl
0 ;4 -4 z 0 C, cl 03 CC) 0
N Ln
I co is V 0 N 4-1 'o 0 J C: C: ri C C.1 V CT Q4
L') m 0 -41 Ci cl ci CL J 0 17) >, 4J 2, V is 't-t
� 00 --1 z cl Q 3 Q C () 93 0 LT. tj -1 -1 Ci 0 C (D 10 M
C -4 <r al 11 -0 S4 �4 Tj fj -4 S4 11 >4 4 S4 Ct r3 a1 t r Q -14 C
C . Cl t7L C) Q) Q 0 L", a tl U ri. r- it ri (it 0
0 S~ a1 Sa O O .C. IC rl U 4j C, Ll :3 cl p fA Q -4 !11 -NI. 0 4)
ell 0 0 Q i.l S4 0 0 of 3 0 0 cl -0 Q yj q) 0 '-H � G t4
0 i- 4, 4 :3 1-1 0 4 � -'i N 0 a0 U C: b4 r- Z 3 t S4 'fl Q 0 0
11 S4 0 01
:4 C
M-85-153
(Meeting 85-28
-Alt - October 9 , 19 85)
I IN.I-1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 2, 1985
To: Board of Directors
From: Stan Norton, Legal Counsel J in
Subject: Responses to Letters of Gughemetti and Stone
At a recent Board meeting you asked that
I draft proposed responses to the letters of Joseph
M. Gughemetti, Esq. , dated September 10, 1985, and
of Mr. Stephen Stone dated August 28, 1985.
Herewith are my proposed responses.
1
STANLEY R. NORTON
ATTORNEY AT LAW
407 SHERMAN AVENUE -
PALO ALTO,CALIFORNIA 94306
TELEPHONE 324-1366
October 2, 1985
Mr. Stephen Stone
22500 Skyline Boulevard
La Honda, CA 94020
Re: Portola Heights/Long Ridge Road
Dear Mr. Stone:
The Board of Directors of the Midpeninsula
Regional Open Space District has asked that I, as
District Counsel, reply to your letter of August 28 , 1985.
The Board of Directors recently, after a
number of public meetings on the subject, decided not
to allow public use of the Portola Heights/Long Ridge
Road. A system of parallel trails is to be constructed
and signs installed to carry out that policy. Any
reference on Distict maps to the road as a public trail
will be eliminated.
I trust this answers the concerns expressed
in your letter.
Very truly yours,
Stanley Ib Norton
District Counsel
SRN/lh
cc: Board of Directors
I
I
I
ICI
5TANLEY K. NORTON
ATTORNEY AT LAW
407 SHERMAN AVENUE
PALO ALTO,CALI FOKN 1A 94306
TELEPHONE 324-1366
October 2 , 1985
Joseph M. Gughemetti, Esq.
A Professional Corporation
2929 Campus Drive, Suite 430
San Mateo, CA 94403
Re: Portola Heights/ Long Ridge
Road
Dear Mr. Gughemetti:
The Board of Directors of the Midpeninsula
Regional Open Space District has asked that I , as
District Counsel, reply to your letter of September 10,
1995 . 1 will use your paragraph headings.
EASEMENT VIOLATION
First, I assume you have read and are familiar
with my opinion on the subject dated August 8 , 1985.
A copy is enclosed for your convenience. I do not read
your letter to take exception to the conclusion reached
in that opinion, namely, that "the District . . . may
use and allow the public to use the road in any way
' that does not interfere unreasonably with the easement. ' "
If you intend to suggest that public use, per
se, with no concomitant physical hindrance or unreasonable
interference with the use of the easement, is itself a
"violation, " I must respectfully disagree .
At the end of the paragraph you cite cases
standing for the proposition that in some instances
"violation of easement rights" may constitute "grounds
for extinguishment of all easement rights . " Be that as
it may, MROSD does not claim any easement rights over
the land it owns in fee. Such a claim, I believe, would
be a legal impossibility. It is fundamental that an
easement can be held only in the lands of another. Civil
Code Section 805 . MROSD uses Long Ridge Road because it
owns the underlying fee; there are no easement rights to
be extinguished.
Joseph M. Gughemetti, Esq. - 2
Moreover, the Board of Directors, after a
number of public meetings on the subject, has decided
not to allow public use of the road. A system of parallel
trails is to be constructed and signs installed to carry
out that policy. Your concerns at this point, as a
practical matter, should be completely assuaged.
INSURANCE PROTECTION
You flatly state, without reference to any
authority, that the "District . . . has an obligation
to co-insure both the Portola Park Heights Property
Owners Association and the individual owners for liability
insurance. " I know of no such obligation. It may well
be that in the event of a real lawsuit various parties
may make claims for indemnity against various other parties.
That, of course, cuts both ways. But I fail to see how
it gives rise to an obligation of my client to buy
insurance for your client.
SCHOOL ROAD: PRIVATE ADVERSE POSSESSION
This is a new subject. As I understand the
law, prescriptive rights may be acquired by individuals
(not "associations" ) who in each case can establish the
requisite elements for the right claimed. Without going
into those requirements, it is the District' s' position
that, based on the available information, neither the
Association nor any of its individual members has rights,
prescriptive or otherwise, to use the "School Road. "
I trust this fairly explains the District' s
position with respect to the issues raised in your letter.
I will be pleased to discuss the matter further with you
at any time.
Very truly yours,
-c'
Stanley Norton
rton
District Counsel
SRN/lh
Encl.
cc: Board of Directors
..k�!
i, Ii
,,mow
MIPPENINSULA REGIONAL OPEN SPACE DISTRICT
August 8, 1985
To: Board of Directors
From: Stan Norton, Legal Counsel
Subject: Legal Status of Long Ridge Road
Inquiries have been made in recent months
as to the status of Long Ridge Road and the rights and
liabilities of the various parties involved. An oral
report was made at an earlier board meeting, and this
will formalize that report.
Long Ridge Road leaves Skyline Boulevard in
a generally southerly direction and is entirely
situated on District-owned land for approximately one
mile (the "District segment" ) . Near the westerly
boundary of the District' s land -the road forks into
two branches . The "southerly" branch continues on
District land and returns to Skyline Boulevard near
the Jokoji (formerly Pacific School) property. The
"westerly" branch leaves District property and generally
serves a number of private parcels in the Portola Park
Heights area. At this point the District has posted a
"private property - no trespassing" sign.
Many of the private properties in the Portola
Park Heights area have a recorded easement over the
, District segment" for access to Skyline Boulevard.
(There is also a road maintenance agreement under which
the private parties and the District share financially
in the upkeep of the road. )
The questions that have been raised have to do
with the use of the "District segment" as a public trail
and
with the District' s duty to provide a certificate of
liability insurance naming the Portola Park Heights group
as an additional insured.
In the law of easements the land"burdened" by
the ea
sement is called the servient tenement the
District land) . The land having the right to use the
Long Ridge Road - 2
-easement is called the "dominant." tenement (the Portola
Park Heights parcels) . * As applies to the present situation
the law is well established.
"Every incident of ownership not inconsistent
with the easement and the enjoyment of the same, is reserved
to the grantor. " 3 Witkin Summary of California Law,
Eighth Ed. , 2051, Real Property Sec. 352. "Under (this
principle) the easement holder must exercise his right so
as not to impose any unnecessary burden on the servient
tenement, and the owner of the servient tenement may make
any use of the property which does not unduly interfere
with the easement. " (Citations.) Id, Sec. 353. e
IC
"The owner of the servient tenement ha (s) the
right to make any use of the land 'that does not interfere j
unreasonably with the easement. Pasadena v. California
Michigan, etc. , Co. , 17 Cal. 2d 576 , 579, 110 P. 2d 983, 985.
Accord: City of Los Angeles v. Ingersoll-Rand Co. (1976)
57 Cal.App. 3d 889 , 129 Cal. Rptr. 485, 488 .
Thus the District, both as fee owner of the
servient tenement and as a governmental authority empowered
to regulate the use of its lands, may use and allow the
public to use the road in any way "that does not interfere
unreasonably with the easement. "
As to the question of insurance, there appears
to be no special relationahip between the parties that
would justify the District in providing this additional
The District' s insurance broker strongly
protection. g y
recommends against it, in part.:because such practice might
well adversely affect the District' s presently favorable
premium structure. It is assumed that all parties concerned
carry adequate insurance to cover their respective potential
liabilities. That this is true in the case of the District
is evidenced by the attached letter of N. Ralph McIntyre
dated July 24 , 1985.
M-85-149
(Meeting 85-28
October 9 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 1 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert,
Associate Open Space Planner
SUBJECT: Final Adoption of the Interim Use and Management Plan for
the Closs Property Addition to the Rancho San Antonio Open
Space Preserve
A 4 meeting roved he ac uisi-
Discussion: At your August 1 1985 you approved t ct
Lion of the 2. 25 acre Closs property addition to the Rancho San Antonio
Open Space Preserve (see attached report R-85-43 , dated August 6 , 1985) .
You also tentatively adopted the Interim Use and Management Plan for
the addition, named the property an addition to the Rancho San Antonio
Open Space Preserve, and indicated your intention to dedicate the land
as public open space.
In accordance with the adopted Land Acquisition Notification procedures
(see memorandum M-83-106 , dated August 31, 1983) , final adoption of the
Interim Use and Management Plan was deferred until after close of escrow
to allow for public comment. Escrow on the Closs property closed on
September 11 , 1985. Staff has received no public comment since that time.
_Recommendation: I recommend that you adopt the Interim Use and Manage-
ment Plan for the Closs property addition to the Rancho San Antonio Open
Space Preserve, including the naming, as contained in report R-85-43 .
I further recommend you dedicate the property as public open space.
R-85-43
(Meeting 85-21
S , August 14 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
August 6 , 1985
TO: Board of Directors
FROM: C. Britton, Assistant General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert,
Associate Open Space . Planner
SUBJECT: Proposed Closs Property Acquisition to Rancho San Antonio
Open Space Preserve
Introduction: The Midpeninsula Regional Open Space District has been
offered the opportunity to purchase a 2 . 25 acre home site adjacent to
the Rancho San Antonio Open. Space Preserve . The site is part of a prom-
inent ridgeline overlooking the Rogue Valley area of the Preserve. If
acquired, the property would become an addition to the Rancho San Antonio
Open Space Preserve.
A. Description
1 . Size, Location and Boundaries
The 2 . 25 acre parcel. is located at the end of Ravensbury Avenue
in the Town of Los Altos Hills . The Rancho San Antonio Open
Space Preserve adjoins the property to the south and east, while
private property is located to the west. The home site lying
directly west of the subject property is also owned by the Class
family and is proposed as a gift to Peninsula Open Space Trust
(POST) . Directly north of the proposed gift parcel is another
small parcel which was given to POST by the Closs family in June
1980 .
2 . Topography, Geology and Natural Landscape
The site is on a small ridgetop overlooking Rogue Valley and the
upper Permanente Creek watershed. Permanente Creek is located
approximately fifty feet south of the subject property. A level
knoll in the center of the property yields to very steep side
slopes extending north, south and east. The site is generally
covered in oak wo
odland forest with dense shrub growth covering
the north and east facing slopes . Grassland and some chaparral
plants are located on the drier south facing slopes .
B. Planning Considerations
The site is within the To
wn of Los Altos Hills and is developable
with a density of one single family home.
The g
property received a moderate rating on the District' s Master
P
Plan map, a composite rating indicating the suitability of the land
for open space.
R-85-43 Page Two
A conservation easement covers the lower elevations of the property
and includes those lands lying south and east of the existing roadway
which adjoin the Rancho San Antonio Preserve. The current owners, in
addition to making a gift of the adjoining site to POST, are selling
the property to the District at an advantageous price and would like
to see the 'Land preserved as an open space greenbelt precluding any
development (see attached letter) .
C. Current Use and Development
The site is currently undeveloped with the exception of a sixty foot
vehicle roadway. The road enters the northern point of the property
from Ravensbury Avenue and follows the perimeter of the property in a
clockwise direction, exiting in the southwest corner. The sixty foot
roadway is a public utility and equestrian-pedestrian path easement,
in addition to providing vehicular access . It terminates at High
Meadow Stables on the Rancho San .Antonio Open Space Preserve. The
District currently has easement rights on this road.
A driveway branches from the access road and follows the western bound-
ary of the property to the knoll top. This drive is currently blocked
to vehicle traffic at its junction with the access road. The intended
use of this driveway was to serve as access to the two building sites
on the ridge.
D. Potential Use and Development
The property is highly visible from the trails within the Permanente
Creek watershed of Rancho San Antonio Open Space Preserve. The acqui-
sition of this property would preserve the ridgetop views and eliminate
the potential for vehicular access to a residential structure over the
perimeter road. In addition, greater flexibility in planning and pro—
tection of the Preserve ' s entry area at Ravensbury Avenue would be
afforded.
E. Interim Use and Management Recommendations
1 . The site should be managed as a natural area.
2. Preserve boundary plaques should be installed at appropriate
points .
3 . Staff will look at the feasibility of gating the dirt road into
High Meadow Stables at Ravensbury in cooperation with leasehol-
ders , easement holders, and property owners who have rights on
the road. This gating would be done to eliminate illegal vehicle
entry to the Preserve which is currently a problem.
F. Name
The property should become an addition to the Rancho San Antonio Open
Space Preserve and be known by that name.
G. Dedication
The site should be dedicated as public open space.
H . Terms
The total purchase price provided for in the attached Purchase Agree-
ment is $160 ,000 for the 2 . 25 acre parcel . Of this total, $32,000
%
• ..........
k ye.
M? M(
C
Wale'
Mos
>
C I Ifills,
V,3:0
N" Ycor- V
e "us
X N _AO
k-
.1 A 0' -------
�,O�S I'M
�(MES
!!dV_T_0 N I
L toM-.,
`v
_0�
0.3 t -'•'Ipravei Ps:
PL X.
niain
4? Q.-Tower I
"Ns.
?:
:.,o -vat" IKPGM)
L
:V
w1r16
N
X.
'N
7 lov
PRO
POSED ADDITI dN
IL JI
'Lease Area Rancho San Antonio
X,
Open Space Preserve"..'
Duvene ck Windmill !
A V.. �N
Pasture Area
u 7-
a r J,
-Z)o Rangp
\��
"IoReside
ir-0, %% V PtRIAIT
*X:Cdge )e.-. tp - PARKING `6 Vw1r.__
-V
imeadow
N
�v J,;�
J
%
�,A
7
t Ca
4
J P
I rkin
n
0::
)f
4
4 a 1-1 tP�tc 0 Unto '
arki
PG & U Road
C,
'7
J.
r r
L
7
Quarry j
0 7.
1 Ra
CITT C
RANCHO SAN ANTONIO
OPEN SPACE PRESERVE
;1ay Bee Q Mac
t5
SCALE 111 = 20001
TH
......................
R 85-43 Page Three
would be paid in cash at the close of escrow with the balance of
$128 ,000 to be financed over a 10-year period at 8% interest.
Funds required to close escrow would come from the New Land Commitments
budget category and specifically from the proceeds of the District's
1985 note issue.
Recommendation : I recommend that you adopt the accompanying Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement, Authorizing officer to Exe-
cute Certificate of Acceptance of Grant to District, and Authorizing General
Manager to Execute Any and All Other Documents Necessary to Closing of the
Transaction (Rancho San Antonio Open Space Preserve - Closs Property) .
I further recommend that you tentatively adopt the Interim Use and Manage-
ment Plan recommendations contained in this report, including naming the
property as an addition to the Rancho San Antonio Open Space Preserve and
indicate your intention to dedicate the property as open space.
M-85-150
(Meeting 85-28
oe October 9 , 1985
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 1 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: D. Hansen, Land Manager; M. Gundert,
Associate Open Space Planner
SUBJECT: Final Adoption of the Interim Use and Management Plan for
the Daley Property Addition to the E1 Sereno Open Space Preserve
Discussion: At your August 28 , 1985 meeting you approved the acquisition
of the 1. 22 acre Daley property addition to the El Sereno Open Space
Preserve (see attached report R-85-45 , dated August 22 , 1985) . You also
tentatively adopted the Interim Use and Management Plan for the property,
named the property an addition to the El Sereno Open Space Preserve, and
indicated your intention to withhold the property from dedication at
this time.
In accordance with the adopted Land Acquisition Notification procedures
(see memorandum M-83-106 , dated August 31 , 1983) , final adoption of the
Interim Use and Management Plan was deferred until after close of escrow
to allow for public comment. Escrow on the 1 .22 acre Daley property
closed on September 13 , 1985 . Staff has received no public comment
since that time.
Recommendation: I recommend that you adopt the Interim Use and Management
Plan for the Daley property addition to the E1 Sereno Open Space Preserve,
including the naming, as contained in report R-85-45 . I further recommend
that you withhold the property from dedication as public open space at
this time.
i
R-85-45
(Meeting 85-23
August 28 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPORT
August 22 , 1985
TO: Board of Directors
FROM: 11. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition manager;
D. Woods, Open Space Planner;
M. Gundert, Associate Open Space Planner
SUBJECT: Proposed Daley Property Addition to the El Sereno Oven Space
Preserve
Introduction: The Midpeninsula Regional Oven Space District presently
has the opportunity to purchase a parcel of land 1 . 22 acres in size.
Situated adjacent to the El Sereno Open Space Preserve ' s Bohlman Road
entrance, the property is located southwest of the Town of Saratoga
within unincorporated Santa Clara County. Successful acquisition of
the property would give the District the potential for expanding public
access at the Bohlman Road entrance to the Preserve.
A. Description of the Site
1. Size, Location and Boundaries
This 1. 22 acre property is located southwest of the Town of
Saratoga within the Town of Monte Sereno sphere of influence
and adjacent to the western boundary of the El Sereno Open
Space Preserve (see attached maps) . Small private parcels
adjoin the property to the north, south, and west. Within the
immediate Preserve entrance area, approximately one half of the
small parcels along Bohlman Road are residentially developed.
2. Topography, Geology and Natural Landscape
The 100 foot wide property is bisected by the road entering the
Preserve. A relatively level grassy area is located on the
property to the north of the road, and steep chaparral-covered
slopes are located to the south. The south facing slopes are
vegetated with typical chaparral plants of chamise , ceanothus ,
and coffeeberry.
The San Andreas rift zone is located in Lyndon Canyon, approxi-
mately one-third mile to the southwest.
R-85-45 Page 2
3. Access Rights
The western end of the El Sereno Open Space Preserve is acces-
sible from the end of Bohlman Road across a private roadway.
Prior to this acquisition, the District' s rights for patrol and
maintenance have been prescriptive. Also , this road system has
been used by members of the public as part of the local trail
system and prescriptive rights for trail purposes seem well
established. The Daley property includes formal , appurtenant
roadway easement rights which legitimizes the District' s patrol
and maintenance access. At this time it is uncertain that the
District could invite general public vehicular access; however,
some limited vehicular access , possibly on a permit basis , may
fall within the scope of the private rights of the District
and not constitute an overburden of the easement.
B. Planning Considerations
The property is zoned Rl (residential) by the County of Santa Clara.
The property is rated moderate to high on the District ' s Master Plan
map, a composite rating system ranking the suitability of land for
open space protection.
The road through the property is shown on the Santa Clara County
Regional Parks , Trails and Scenic Highways Plan as an existing trail .
C. Current Use and Development
The only development on the property is the existing dirt road which
bisects the property into northern and southern sections. The
southern piece is in the natural state; the northern area, approxi-
mately one-third acre in size, has been cleared and is now relatively
level grassland. There are no structures on the property (other than
a District gate) .
A forty-foot-wide access easement extends along the Bohlman Road
extension from the end of Bohlman Road to the western boundary of
the subject property.
D. Potential Use and Management
Due to its location directly adjacent to an existing access to the
Preserve, this property has the potential for expanding the access
to include some degree of parking. It may be possible to develop
some informal parking on the relatively level northern section of
the property if the public access rights on the easement prove to
be adequate to allow public use, or if necessary additional rights
are acquired.
E. Interim Use and Management Recommendations
1. An equestrian and hiking stile will be installed adjacent to
the existing gate onto the Preserve. Cost is estimated at $250
with funding to be included in the Fiscal Year 1986-1987 budget
preparation.
2. Boundary plaques will be installed as necessary.
R-85-45 Page 3
F. Name
The property should become an addition to the El Sereno Open Space
Preserve and become known by that name.
G. Dedication
This property should be withheld from dedication as public open
space to allow for future transfer of development rights or to
allow for trade of part or all of the property if advisable when
the final boundaries of the Preserve in this area are established.
H. Terms
The total purchase price as stipulated in the attached Purchase
Agreement would be $80 , 000 payable in cash at the close of escrow.
Funds for this purchase would come from the New Land Commitments
budget category and specifically from the proceeds of the District 's
1985 note issue.
Recommendation: I recommend that you adopt the accompanying Resolution of
7the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement, Authorizing officer to
Execute Certificate of Acceptance of Grant to District, and Authorizing
General Manager to Execute Any and All Other Documents Necessary to
Closing of the Transaction (El Sereno Open Space Preserve - Daley Property) .
I further recommend that you tentatively adopt the Interim Use and Manage-
ment Plan recommendations contained in this report, including naming the
property as an addition to the El Sereno Open Space Preserve, and indicate
your intention to withhold the property from dedication.
�
i
`
` ~.
Jv
| /
/ '
93 Icto40` WIDE ACCESS
"--FTk TV
EASEMENT
.
0!:9�2 A�c
Pv
/ �O
| / / B. .^^=` °o^u EL SERENO
E".^^. 'mv OPEN SPACE PRESERVE
\ \
A C. G R. 1.333ACi
: 11.35A-8AG I
PROPOSED
ADDITIONIto
'
4 E —U��—�^
PROPOSED DAi.EY PROPERTY ADDITION'
TO THE .
EL SERENO OPEN GFY\CE PRESERVE '
SCALE l`/ = 200' ANORTH
�
� ;; _ _
`� C �✓ .�_/L.I�� /i-� �� ` J I"IF-4 '� ���i� 1 SJ),I'Y� r(9\� ���•'�„����% ,j / ! ` •%I
, l� �.� _ I �., � 1� .11� j /-6r;�I: �� 'IJ � J����% �:y�,r.- �•� A:t'@�' ii/41
po
:' ,
Av
--.'.��Y ��,� \ -\,� /.�.. j \ �� �` •�-� �' /\•�j •\'o � '�f `;y' ;�i;C�v\�• �� Res_�-� l ;`�(� � / �'~ �)� ���l`-�. �•
�.: I Q r� A,
\ •� \•`.. �\ ._j ��� ••t:•� •��/ II~. '�I `�`'�,r� '�! •.//• \•..•.•
_ ( ''r �� �.�1-J ;- ,�./ Ij% � ..\�-�JV�'�`�uµ � ; 1. • .Vi�•;:�r� ` !� �', 'j, -•'• �% '•J �y ��'y fiiuh• ` ��
xi
wo
'� v 1! q\�/ ����L 'f'�•-, )I i,. '! •�l ',n 1�' I �C.•Ii,E r _ h\. w Y� !M 1411. /� .w �+w� '� //.•..A
C i' �` \1 f ,I�;�III /��J �.> ' j+�`. ` ( �`1+1, (�-L` / - l 1.,,h •1'I '.
\4 '�'i! �y- i \ '1 �". U`•` v� `1, •,•l ' AfA/N, 1 r •,,
./ _�Y "'' �' r ��• f `` rl 1l` =;� ��.JI`�, .._` � 1` li r_ I^` + ,� .J/.,� .`� �\,� 1 Q� j '•'I t(j'•""'t�.�- ,. ,\ ,` \,.,:;,;:
,`-�j , 'tQ4• ., .� \E I �. / - ,' ';.��`;.; - t/':�j I�:f ��I. �' I t 'i'.�'��Wco. ;�" - JI J _ ,`•
til.✓�f �.7`� Ft :/ 1 �i� � /. _ 02 IIj• '�,� '�C�, 7)� . ¢p� 1/ '�° •1� d'-. f -\ i'=r •/• /( �'� •:•:•}:
ors.. I/ I <' I h •�\
�; 1,�` +�� ,` ,.•'� ,�;�/(i\/� 1:.�. . � ,:
�1 � ,�...y S-_ _ ,1 � ) �`�`I+ �, 1,11 •\ lly� ., `•. 1 f1 I � / V / •,, .'\•
! I r Jl � I 1�11• '\CO Y'Ili `• /�� 1
•.1_ J}�� I ;�ni • '"L�, 1 I•, _ ar +>.asz. ''� •,� �;;�
_� nr• :,, �aCe�Pr`c�c�rv .- '�• I -. _ _,
a �' I,.',j\��: d ,�•.\. ��'. f ty�1:l J j "�;�:Fll'^ .•r,_ +.
PROPOSED ACQUISITION •. - '\,, '�:`( ( O, av / ,y/. i' i .`p'" Ivoditiate
111�1 ••----•- •{'y`�h"��_I 1 (;\� �"�y, ��1 �"zr6���\ .-..A� 1\ � \ J ,1 'l�, 1 °�l� .., l ' i '{y. +'li .. .. '�.
`'any l - - .1 ��, �-\ `-,.. i�/ I'1 (I � I } 1,' i�� \' •�,'� '�(,.: � �f ',•� !L,•A S .'�/! '
}:a, _ 'V 'I ,•� ',� ,/ lI , � ., , �' : i :1 C ,, + S t J o Sf� h-S
ISwitnm np, ,C t,',.- P
�: `Il. 1 !,• ', ,� o H i I I r
e
\ \ i' :. -- -ar.�aaal '��a�l\ •/ �\�'�` �'�_ '.\• �,U"� Q + '11v1 � ,.eev / ,\�. �•\ �`�•tiCr, /o •+ � J
+. .` .\, 660,EIt
,� , �/ ..� ;��•-(. /'� .
-41
lk
AM
-t f' ._1T_ \ �, I...7•FCs- +._.� _� •\\ \` �,`I�,•\�•\ _ y , �,/1 • '1A r1 (�1�-`1 J %. /�', 1( �/ _
�,/ �, �/� � \�1,\\�y.•.\�fl \a '��� .t � ', '�S'�-� ��.ti \• - .jJ�-^ IJ � ,�;':"�f i i._._ �' � r;a Vv, ,'. ` L�
FeJtU `' !yV
G111t'd' /m�rsy�
\'�--+ •C�' /:• \ -�\'1} I' �. - \�_ / ~��. �`, '., 't4i;�'=.. - , `-% - i 71
SPILLWAY. OAS. I •.', �� a 1,1 �.•i
:c_side '� �! �_ �4•`"`C. s-- r�l'Y J--\ /'
t cs.• ;y•^ 2 A i
15
IN. S r i EL SERENO P P"Ilk \` �1r(, ��� 3 , (c ----> 0 EN S ACE PRESERVE
'tii�V�J :, i\ \\_... ar �a``�`L;�. �I�: 61ac SCALE 1" — 2000' `
� • 5 /� (� V �,� _ � --�� � �NORTH .
`
���'�•- ,� �= of ��1'"'`�/ \ �;•:•••::.'
+,y Yin,I r^
c
M-85-152
(Meeting 85-28
Noe October 9 , 1985)
0 1W
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 2 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: J. Fiddes , Administrative Services Manager
SUBJECT: Long Term Office Space Status and Request to Enter Into
Negotiations for Short Term Office Space
Background : At your meeting of March 8 , 1985 , you considered my
report, Interim Report on Search for Permanent District Office
Headquarters (see attached report R-85-21 of March 8 , 1985 and
attached minutes from March 20 ; please contact staff if you need
copies of any previous office space reports) . You continued
consideration of items one, two and four in report R-85-21 and
asked staff to return at an early date with a financial analysis of
construction of a facility on the City of Mountain View site , in-
cluding financing alternatives . You also directed staff to seek
to secure an interim office location, with the first choice being
the Imperial Savings site.
Discussion: Staff has pursued the possibility of purchasing the
City of Mountain View site at the southwest corner of Bailey and
Latham Streets . Since March, the question of the property 's land
use designation has been addressed by the Mountain View City Council ,
and the site is still being evaluated as the location of a potential
fire station. The Council has for now at least rejected the use
of the site for multi-unit housing. At this time , it appears that
the Mountain View City Council would, subject to the outcome of the
fire station evaluation, seriously consider the District 's office
space proposal. Staff will be continuing to pursue the Mountain
View site, as well as continue to search for other possible office
site locations for permanent use.
In terms of short term office space, after an extensive search,
staff worked on securing the promising Imperial Savings site;
however, as discussions progressed, it became very clear that
the District would not be able to lease the site as an interim
office location. Once this was determined, staff again did a
thorough search and came up with some 44 current possible office
space locations . The list was subsequently boiled down to four
possible sites .
During a noticed Office Space Committee meeting open to the public
held on Wednesday, September 25 , Directors Wendin and Duffy toured
the four potential sites with members of the staff. Based on their
input, as well as analysis of the sites by staff, staff is proposing
M-85-152 Page two
to pursue space possibilities in the Old Mill Office Center and in
the Los Altos Office Center on a lease or lease-purchase basis ,
probably on a five year lease basis with options to renew under
certain conditions .
The Old Mill Office Center space offers approximately 4 ,600 square
feet of space, and staff is also looking into the possibilities of
securing some alternate space in the building which is currently
vacant, but upon which an individual holds a right of first refusal.
The Los Altos Office Center space, which fronts on El Camino Real
a few blocks from our current location, totals approximately 5 ,700
square feet, a portion of which could perhaps be subleased until
required to meet the District 's space requirements . In both cases ,
the office space is on the ground floor in multi-story structures .
Some very preliminary office space designs for these two locations
are being prepared for your review at the October 9 Regular Meeting
if you wish to see them. If any member of the Board would like to
visit the sites prior to the Board meeting, please contact me.
Recommendation: I recommend that you:
1) Authorize staff to enter into lease or lease-purchase
negotiations for short-term office space with agents
for the Old Mill Office Center and Los Altos Office Center
sites and to return to you with appropriate lease or
lease-purchase agreements for your consideration at the
earliest possible date; and
2) Authorize staff to continue to pursue longer term office
space locations, including, but not limited to, the City
of Mountain View site.
R-85-21
(14eeting 85-05
March 13 , 1985
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
REPOPT
March 8 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
PREPARED BY: C. Britton, Land Acquisition Manager
SUBJECT: Interim Report on Search for Permanent District Office
Headauarters
Discussion: This agenda item was originally heard at your meeting of
February 111 , 1985 (please refer to report R-85-14 dated February 8 ,
1985) . During the discussion on February 13, 1985 , Director Bishop
questioned the previous action taken by you relative to purchase
rather than lease of a permanent District office site. I have attached
a copy of the minutes of the April 5 , 1984 meeting for your review.
Recommendation: After my review of the previous reports and Board
discussion, I would like to modify the recommendations from the February
8 , 1985 report , as follows :
1) Staff would continue to work with the Committee which would
monitor progress and help to formulate recommendations to
the full. Board.
2) On a first priority basis, District staff would pursue the
purchase of the City of Mountain View site at the southwest
corner of Bailey and Latham streets. We would return to
you with progress reports and necessary hiring of consultants
if any contract were to exceed $10 ,000 .
3) On an equal priority basis , staff would seek to secure an
interim office location, with the first choice being the
Imperial Savings site. A lease with option to purchase
arrangement appears to be the most advantageous situation
from District perspective, if it can be negotiated.
4) on a second priority basis , staff will continue to search
for other possible office site locations for permanent use.
Please contact me if you would like to see either of the sites listed
above, or the other "finalists" mentioned in the body of report R-85-14.
----------
Meeting 85-05 Page 2
B. Interim Report on Search for Permanent District Office Space
Headquarters (Report R-85-21 of March 8 , 1985)
C. Britton reviewed the previous action taken by the Board relative
to the question of purchasing rather than leasing a permanent Dis-
trict office site. He noted that he had attached the minutes from
the April 11 , 1984 Board meeting and added that staff was proposing
a modification in the recommendations that had been presented to
the Board at the February 8 Board meeting. He stated that, on a
first priority basis, staff was recommending that they pursue the
purchase of the City of Mountain View site, noting staff would re-
turn to the Board with progress reports and necessary hiring of con-
sultants if any contract were to exceed $10 ,000. He said that staff
was also proposing to negotiate a lease with option to purchase for
the Imperial Savings location which staff was hoping to secure as an
interim office location.
R. Bishop stated that the Board had not yet made a decision on whether
the District should continue to rent or buy a piece of land and con-
struct a building. He stated this was an important policy decision
for the Board to make because of the costs involved, both in terms
of dollars and staff time. Discussion focused on the Board ' s prior
action regarding the question of buying versus leasing, and there was
Board consensus that no decision to buy land and build an office
facility had been made.
D. Wendin stated that he felt staff should proceed with having an
appraisal done for the Mountain View site and with the hiring of a
consultant to prepare a plan and estimate costs for constructing a
building on the site, noting that, with this information, the Board
would have some concrete cost information with which to address the
question of buying versus leasing. In response to a question from
H. Grench, the Board indicated that cost estimates could be provided.
by experts in the field as opposed to having detailed studies and
appraisals done.
Motion: D. Wendin moved that the Board continue items one, two, and
four in report R-85-21 and ask staff to return at an early
date with a financial analysis of construction of facility
on the Mountain View site, including financing alternatives .
R. Bishop seconded the motion.
-Discussion: H. Turner requested that staff also address
the question of staff time involved and how this use of staff
time would impact the District' s programs. R. Bishop noted
cost estimates should include the costs of a staff person
who would be responsible for inspection during the con-
struction of a building. In response to a question from
C. Britton, D. Wendin stated that he was expecting staff
to return with an updated version of the alternatives con-
tained in the April 5, 1984 report, specific to the Mountain
View site and including the alternative of leasing. The
motion passed 5 to 0.
Motion: D. Wendin moved approval of item three of the staff report
concerning the Imperial Savings site as a rental with an
attempt to obtain an option to purchase. H. Turner seconded
the motion. The motion passed 5 to 0 .
M-85-147
(Meeting 85-28
Oct. 9 , 1985)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
September 25 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Possible Changes in District ' s Rules of Procedure
Introduction : Various changes in the Board 's Rules of Procedure have
been suggested for discussion from time to time, most recently by
President Henshaw at your August 28 , 1985 meeting. She has asked
that this item be placed on your agenda for opening discussion. The
Rules were last amended on August 22 , 1984 .
On May 8 , 1985 you considered a memorandum, M-85-72 dated May 2 ,
regarding "Discussion of Various Operating Procedures , " a topic placed
on the agenda by Director Wendin. On May 8 you directed staff to re-
turn draft language for the four following proposed amendments to the
Rules for Board consideration.
1. Replace the word "place" with the word "request" in the phrase
from Section 1.43 quoted above and include appropriate cross-
references in Section 1.43 to Section 1.30 to clarify how a
written communication could be added to the agenda as an emer-
gency item;
2. clarify how materials, including written communication, received
on the night of a Board meeting or after a packet mailing, are
distributed to members of the press and packet subscribers; and
3. draft a new item for inclusion in the Rules of Procedure stating
that all communications from a Board member to the public or to
the members of the Board be public unless it is clear in the
document that it is the opinion of the sender and distribution
would then be at the discretion of the sender;
The Board agreed that the statement in number 3 above was the
tightest procedure they had discussed and that when they received
the draft material, they would "chip away' at the statement.
4. amend the Rules of Procedure to include a list of possibilities
regarding how written communication responses could be handled
(e.g. , refer communication to a committee, the staff, or a
Director to respond to to prepare a response for Board considera-
tion) .
Discussion: Attached are your current Rules of Procedure with proposed
amendments pursuant to your May 8 instructions shown with strikeouts
. and italics. In addition, notes are inserted for various sections that
pertain to ideas which I 've collected in the last year that have been
advanced by Board members or brought up at a staff level. Some of the
ideas in the attachment were considered but not implemented, when the
Rules of Procedure were originally adopted or subsequently discussed,
but perhaps some should be reconsidered in light of changing circumstances.
M-85-147 Page two
At this point I am recommending them for discussion, not necessarily
for adoption.
Recommendation: I recommend that in addition to making decisions on
the our items previously assigned you indicate the following three
things for ideas on the attached list and for others that may be discussed:
1) which ideas you wish to pursue further; 2) the specific concept you
find acceptable among alternatives ; and 3) directions to staff to return
with specific draft language for amending the Rules of Procedure for you
to consider at a future meeting.
You may, of course, wish to take another meeting or so to consider all
or a subset of the initial ideas before taking any action. You could
also decide that an ad hoc Board committee should be appointed to return
with recommendations on some or all ideas . In any case, Board or committee
time can be saved by delegating to staff the technical task of drafting
specific language.
M-85-147 MIDPEY !ULA REGIONAL OPEN SPACE TRICT Page three
Rules of Procedure)
With Comments and Possible Changes
Section
1. 10 Regular Meetings. Regular meetings of the Board of
Directors of the Midpeninsula Regional Open Space
District shall be held on the second and fourth Wed-
nesday of each month at the hour of 7 :30 P.M. Meet-
ings shall be held at such place or places within the
District as shall be determined by the Board of Direc-
tors. A majority of the members of the Board may cancel a
meeting for cause or call the regular meeting for a
different date or time. Public notice of the place,
date, and time of meeting shall be announced at least
48 hours prior to the regular meeting time. If a
regularly scheduled meeting occurs on a holiday, the
regular meeting must be rescheduled or cancelled.
COMMENTS
The possibility of a third regular meeting a month has been
brought up. If there is to be one, I would prefer the third
Wednesday so that the extra week of "room to breathe" that
occurs a few times a year between the fourth Wednesday of
the month and the second Wednesday of the month will be pre-
served. I would like to analyze and report back to you on the
financial and staff operational effects if an additional
regular meeting is to be considered. An alternative to
another scheduled regular meeting (which might be cancelled
fairly often) would be for Board members to commit the extra
evening each month and for the Board to schedule a special
meeting for that evening as needed. Which alternative you
chose might .depend upon your anticipated frequency of need
for an additional meeting and could be done on atrial- basis.
Possible changes in meeting format, some of which are noted
herein, could potentially cut the length of meetings. Addi-
tionally, if the Board is comfortable with a less detailed
review of use and management plan items , concentrating more
on policy issues and items on which the public has shown an
interest and delegating more items to staff, time savings
might result.
it
1. 12 Special Meetings. Special meetings may be called at any
time by the President or at the request of a majority of
the members of the Board. Written notice of such meeting
shall be delivered personally or by mail to each member
and to each local newspaper of general circulation at
least 24 hours before the time specified for the proposed
meeting, provided that the failure to receive notice shall
not effect the validity of any action taken at the meet-
ing. The notice shall specify the time and place of the
special meeting and the business to be transacted, which
shall be determined by the Board or by the General Manager
in consultation with the President. No other business
shall be considered at the meeting.
1. Rules of Procedure required by Public Resources Code,
Division 5, Chapter 3, Article 3, section 5536.
2. Public Resources Code section 5535.
M-85-111 Page four
Section
1. 14 Meetings to be Public. 3 All meetings of the Board of
Directors shall be public, provided the Board may hold
.closed sessions from which the public may be excluded
for the consideration of the following subjects:
1. appointment, employment or dismissal of a
public officer, employee or agent, or to
hear complaints or charges brought against
such officer or employee by another public
officer, person or employee
2. proposed or pending litigation
3. contract negotiations
4. matters embraced within the attorney-client
privilege
5. any other matters exempted by law
COMMENTS
Language for the list of appropriate items for Closed Sessions
could be reviewed and updated as necessary.
1. 16 Quorum. 4 At any meeting of the Board a majority of the'
Directors shall constitute a quorum for the transaction
of business. When there is no quorum the President, or
Vice President, or the District Clerk, or any other
member of the Board of Directors, shall adjourn such
meeting.
1. 18 Smoking. It shall be unlawful for any person to smoke
at any time at the meetings of the Board of Directors.
1. 20 Legislative Body. 5 The Board of Directors is the legis-
lative body of the District and shall determine all
questions of policy.
1. 22 Board of Directors; Election of Officers. At the
L first regular meeting in January of each year beginning
in 1974 , the Board of Directors shall choose one of its
members President, and another Vice-President, who shall
act for the President in his/her absence or disability.
The Board shall choose one of its members to serve as
Board Secretary and another to serve as Treasurer.
Each officer shall be voted on separately. Elections
shall be by secret ballot. The candidate receiving a
majority of the vote of the members of the Board shall
be elected.
COMMENTS
Since the Treasurer has traditionally been elected before
the Board Secretary, the order should be reversed in the
first Daracranh -
3 . Public Resources Code section 5535 .
4. Public Resources Code section 5535.
5. Public Resources Code section 5537.
6. Public Resources Code section 5535.
IM-85-147 Page five
Section
1. 24 Duties of the Presiding officer. 7 The President, or
in his/her absence, the Vice-President, shall be the
presiding officer of the Board and shall assume his/her
place and duties as such immediately following his/her
election. The presiding officer shall preserve order
at all meetings of the Board, announce its decisions
on all subjects, and decide all questions or order,
subject to an appeal to the Board. S/he shall partici-
pate in debate, make motions, and vote on all questions
as other members of the Board.
The President shall sign all ordinances, resolutions,
contracts and conveyances on behalf of the District
after they have been approved by the Board, and s/he
shall perform such other duties as may be imposed upon
him/her by the Board.
In the absence of the President, or in the event of
his/her inability to act, the Vice-President shall
perform all the powers and duties of the President.
If both the President and Vice-President are absent
or unable to act, the Board may select a president
pro tempore who shall perform all the powers and duties
of the President.
COMMENTS
The duty of the President to sign financial instruments
could be included.
1. 26 Rules of Procedure. Roberts Rules of Order shall be
followed as interpreted by the presiding officer, subject
to an appeal to the Board.
1. 27 COMMENTS
New Section Treasurer. The duties of the Treasurer as a member of the
iBudget Committee could be put in here.
1 . 28 Board Secretary8 Unless otherwise directed by the Board ,
the Board Secretary shall countersign all ordinances ,
resolutions , contracts and conveyances on behalf of the
District.
ICOMMENTS
Possible appointment of a Secretary Pro Tempore could be
included. A duty of the Secretary could be to arrange the
Pledge of Allegiance special presentation.
7 . Public Resources Code section 5548 .
8 . Public Resources Code section 5551 and 5552 .
M-85-147 Page six
Section
1. 30 Agenda. All reports , ordinances, resolutions and other
matters intended to be considered by the Board at its
regular meeting shall be delivered to the District Clerk
not later than 5 : 00 P.M. on the preceding Wednesday for
material requiring typing or other preparation, and not
later than 5 : 00 P.M. on the preceding Thursday for
material requiring reproduction only.
Any Board member or Board appointed staff member may
place a matter on the agenda for Board consideration.
The District Clerk shall prepare the agenda according
to the order of business as determined by the General
Manager. A copy of the agenda and of all available
supporting materials shall be mailed by 5:30 P.M. on II
the Friday preceding each regular Board meeting or
delivered by 7 : 00 P.M. on the Saturday preceding each
regular Board meeting. Supplementary materials may be
received by the District Clerk after that time, pro-
vided the matter refers to an already agendized item.
Agendas will be available with no charge upon request
to public officials, newspapers in the District, and
members of the public at the District office by 9 :00
A.-M. on the Monday preceding the regular meeting.
Agendas will be posted on the door of the District
office.
Supporting materials (reports, memoranda, resolutions,
nonconfidential written communications to the Board,
and other informational materials not previously pub-
lished or distributed) may be obtained upon request
by public agencies, newspapers in the District, and
members of the public at the District office by 9 :00
A.M. on the 11-donday preceding the regular meeting, and
24 hours before a special meeting. Absent extraordi-
nary circumstances, communications to the Board from
members of the public shall be deemed nonconfidential.
A memorandum from the General Manager explaining the
justification for this decision "iiot to distribute
materials to members of the public" shall accompany
the written communications when sent to the Board.
There will be no charge for the materials if available;
otherwise, the cost of reproduction will be charged.
Possible Writter, 'ommunicatione must b.,_ �eit7ed before 3:00 P.M. on the day of
New Paragraph a meeting to be rep.-oduce,'d Ml( ?tinq.
No matters than those on the prepared agenda
shall be finally acted upon by the Board, provided
that matters deemed to be of an urgent nature by a
majority of the Board, with an explanation stated as
to the urgency, may be acted upon.
COMMENTS
It has been suggested that the agenda and packet materials
be mailed further in advance of the meeting. I would like
to analyze and report to you regarding the probable effects
of a change if you are to consider one.
M-85-147
Page seven
Section
1. 32 Subscription to Meeting Materials. Members of the public
may subscribe on an annual basis to receive agendas, or
agendas and minutes, or agendas, minutes, and supporting
materials as defined in Section 1. 30. Subscription fees
will be waived ,for former Board members for a period of six
months following their leaving the Board and for members of
the press. Charges for public subscription will be adopted
by the Board from time to time.
1. 40 Order of Business. The order of business shall be
determined by the General Nanager for the purpose of
preparing meeting agendas, using the following format
unless in the General Manager' s opinion a different
order would be more appropriate:
1. Roll call
2. Approval of minutes
3. Written communications
4 . Adoption of agenda
5. Oral communications
6. Special orders of the day
7. Public hearings
8. Old business with action reauested
9. Old business with no action recluested
10. New business with action requested
11. New business with no action requested
12. Informational reports
13. Claims
14 . Closed session
15. Adjournment
The order of business as set forth in the meeting
agenda shall not be departed from except by consent
of the majority of the Board.
COMMENTS
Place Pledge of Allegiance (when it 's recited) immediately
after Roll Call.
New categories right after the Pledge called "Unfinished Busi-
ness with Action Requested" and "Unfinished Business with No
Action Requested" could be added. This would cover those
items continued by the Board in accordance with Section 1. 54 .
Items such as second readings of Use and Management Plans could
still be listed under old Business . on the other hand,
dropping the Old Business category altogether would be a possi-
bility if there is an Unfinished Business category.
The distinction between "action requested" and "no action
requested" is often difficult to make in setting the agenda.
Is acceptance of a report or instruction to staff "action"?
The distinction could be dropped if you wish.
Since Oral and Written Communications can take considerable
time , Special Orders of the Day should perhaps be moved up
after Approval of Minutes .
M-85-147 Section Page eight
Since Oral Communications can take considerable time and
impinge upon consideration of the listed agenda items , Oral
Communications might be moved down or could be split with
a maximum time allocated to the first segment near the top
of the agenda. In this way, people who come for items on
the published agenda, where estimated times are listed, will
be more assured that their items will usually be considered
at about the listed time.
1. 41 Roll Call. Before proceeding with the business of
the Board, the District Clerk shall call the roll of
the Board of Directors, and the nanes of those present
shall ',:)e entzre.-d in t7ao minutes.
1 Tpproval Minutes of Previous Meeting. Unless the
reading of the minutes of a Board meeting is requested
by a majority of the Board, such minutes may be approved
without reading, provided that the District Clerk has
previously furnished each member of the Board with a
copy.
1: 43 Written Communications. The District Clerk is authori-
zed to receive and open all mail addressed to the Board
of Directors from members of the public. Any such
written communication addressed to the Board shall be
reproduced and distributed in the next regular mailing
to the Board members and to members of the press who
have requested supporting materials (see Section 1. 30) .
Flossible Written Communications must be received before 3:00 P.M. on the day a
New Sentence ( meeting to be reproduced for the meeting.
Draft replies to written communications which have not
been considered by the Board may be submitted with the
written communication, provided such draft replies are
labeled as follows : "Draft Response Prepared by Staff. "
Any member of the Board may 151-dee request that such written
Possible communication be placed on the agenda as an emergency item in
Changes accordance with Section 1.30 for consideration by the Board.
The Board shall determine that a Written Communication shall be placed
Possible on the agenda in accordance with the procedures of Section 1. 30, con-
New Paragraph sidered in connection with an item already on the agenda, and/or
referred to a committee, a Director or staff for simple acknowZedqement.
response or draft resT�onse.
Taxpayers and residents of the District, or their
authorized legal representative, or other persons,
may read written communications into the District's
records at a regular meeting and offer explanations
of any such document. I-Iritten communications re-
ceived at a regular Board meeting shall be repro-
duced and distributed to absent Board members and to
members of the press who have requested supporting
materials no later than the next regular mailing to
the Board. 11ritten communications which are dis-
tributed to the Board at a time other than a regular
mailing shall be distributed to members of the press
who have requested supporting materials within two
working days of when they are sent to the Board.
M-85-147 Section Page nine
1.43 COMMENTS
Written Communications can be cumbersome to handle. They
are often not received by the packet mailing time but,
nonetheless , can pertain to a listed agenda item. At
times they are delivered at meeting time with the expec-
tation that they will be copied and distributed that night.
Sometimes copies are presented to the Board, but not
necessarily the public, at a meeting along with the author' s
Oral Communication or comments on an agenda item. At times
they have been sent or delivered directly to the Board mem-
bers but not to the office , leading to ambiguity as to
whether they are meant to be private. One thought that
could be considered would be that when a speaker covers
orally the content of a Written Communication, the Written
Communication need not be considered further (for example ,
at a future meeting) in the Written Communications category.
A paragraph could be added to reflect actual practice
stating that any communication addressed to a Director
shall be treated as a private communication, a Written
Communication, or an informational item at the discretion
of the Director.
To cut the cost of reproducing those occasional extra long
Written Communications , perhaps authority should be given
to distribute part of it with a memo saying the whole communi-
cation is available through the office, as we sometimes do
with attachments to reports. Board members would ordinarily
still either receive the full copy, or would have a chance to
review them at the meeting and request copies if desired.
1. 44 Adoption of Agenda. The Board shall determine the order of
business to be considered at regular meetings and shall adopt
the agenda, with additions or deletions . Written communica-
tions and other special items may be added to the agenda at
this time provided that any action be taken pursuant to
Section 1.30 .
1.45 Oral Communication. Taxpayers or residents of the District
or their authorized legal representative, or other persons ,
may address the Board under the category Oral Communications
during regular meetings on any matter concerning the affairs
of the District. Such persons shall indicate in writing their
name , address and subject on a form to be provided by the Dis-
trict , and will be recognized by the presiding officer of the
Board at an appropriate time. The presiding member of the
Board may limit presentations of speakers under this section
to five minutes .
1. 46 Special Orders of the Day. Any Board member or Board appointed
staff member may schedule special presentations , introductions
or other activities deemed appropriate to this category, which
shall be placed on the agenda by the District Clerk.
COMMENTS
This section number would change if Special Orders is moved up
on the Agenda.
M-85-147 Page ten
Section
1. 47 Public Hearings . Any matter which, in the opinion of
the Board of Directors , requires notice to and response
by members of the public may be placed on the agenda
under this category.
1. 48 Old Business With Action Requested. These are business
items previously considered by the Board which require
transmission of additional information to the Board.
Action in the form of a resolution, motion or direc-
tion to staff on the items in this category is requested.
1. 49 Old Business With No Action Requested. These are busi-
ness items previously considered by the Board which re-
quire transmission of additional information to the
Board. Action by the Board on the items in this cate-
gory is ordinarily not expected, but the Board is not
prevented from taking action on the subject of the item.
1. 50 New Business With Action Requested. These are business
items not previously considered by the Board and for
which action by the Board in the form of a resolution,
motion or direction to staff is requested.
1. 51 New Business With No Action Requested. These are business
items not previously considered by the Board and for which
no action by the Board is being requested, although the
Board is not prevented from taking action on the subject
of the item.
1. 52 Informational Reports. Informational, short reports by
Board and staff members on items of interest to the
District may be given under this category. No action
is expected but could occur at a Regular Meeting with
a majority vote of the Board pursuant to Section 1. 30
herein.
1. 53 Claims. 9 No claims against the District shall be paid
unless the same shall be first approved by a majority
of the Board at a meeting thereof. Payment of employees '
salaries and fringe benefits and other recurring claims
may be authorized by the Board on an annual basis.
1. 54 Unfinished Business. When a regular meeting is ad-
journed before the completion of the agenda, all un-
finished items will be listed under Old Business With
Action Requested or Old Business With No Action Re-
quested on the next regular Board meeting agenda, at
the discretion of the General Manager or unless other-
wise designated by a majority of the Board.
9. Public Resources Code sections 5547 , 5544 . 2 and 5540 as amended.
M-85-147 Page eleven
Section
1 . 55 Pledge of Allegiance. The Pledge of Allegiance shall be
recited at the first regular meetings of January and July
and special presentations shall be made at those times.
1. 60 Minutes. Minutes of Board meetings shall be kept by
the District Clerk. The District Clerk shall make a
record together with sense minutes of such business as
was actually passed upon by a vote of the Directors.
A record shall be made of the names and addresses of
persons addressing the Board, the subject matter to
which their remarks related and whether they spoke in
support or in opposition to such matter.
The District Clerk shall prepare and cause a copy of
the minutes to be forwarded to each Board member in
the next regular mailing or as soon thereafter as
possible.
Minutes of meetings shall be available with no charge
upon request to public officials, newspapers within
the District, and members of the public at the District
offices as soon as available following the meeting.
COMMENTS
The District ' s practice has been to prepare sense minutes,
which require considerable transcribing time , staff review,
and judgment in preparation. What are basically action
minutes , but with public comments noted and with Board and
staff comments included when they are important for the
legal record, could be considered, at least on a trial basis.
I would expect a great deal of time to be saved as a result.
So as to avoid the misunderstanding that the draft minutes are
actually rewritten, language could be added to make clear that
the official Board-approved minutes consist of (at least) two
separate documents , namely the approved minutes as initially
prepared in draft by staff plus any additions and corrections
to the minutes made by the Board during the approval process
that appear in the approved minutes of a subsequent meeting.
1. 70 Board Action. A majority vote of all of the members
of the Board shall_ be sufficient for the taking of
Board action or the conduct of business except where
action is required to be taken by "four-fifths of the
members of the District Board" or "a two-thirds vote
of the Board" or language. of similar import.10
Action of the Board of Directors shall be taken by
ordinance, resolution, or a motion duly recorded in
the minutes of the meeting. The ayes and nos shall
be taken upon the passage of all ordinances, resolu-
tions or motions and entered into the minutes of the
Board.
An ordinance or resolution shall not be passed or
become effective without the affirmative vote of at
least a majority of the members of the Board.
10. Public Resources Code sections 5547, 5544 . 2 and 5540 as amended.
f
M-85-147 Page twelve
Section
1. 70 The enacting clause of all ordinances passed by the
Board shall be in these words: "Be it ordained by
the Board of Directors of the Midpeninsula Regional
Open Space District. "
All ordinances and resolutions shall be signed by the
President of the Board and attested by the Board Sec-
retary, and all ordinances shall be published once
within thirty (30) days after adoption in a news-
paper of general circulation printed, published and
circulated in the District.
1. 80 Committees of the Board. Upon passage of motion by
a majority of Board members, special or standing
committees composed of Board members may be estab-
lished for the study of specific matters. Upon estab-
lishment of such a committee, the presiding officer
of the Board may appoint the committee members with
the consent of the Board.
COMMENTS
This section could be expanded to cover appointments to non-
District committees , such as the Preservation 2020 Task Force .
The procedures would not have to be the same .
1. 82 Budget Committee. The Budget Committee shall be a
standing committee, composed of three Board members
appointed at the regular meeting following the meeting
at which officers of the Board are elected. The
Treasurer shall be one of the three members of the
Budget Committee.
1. 84 Legislative Committee . The Legislative Committee shall
be a standing committeecomposed of three Board members
appointed at the first regular meeting following the
meeting at which officers of the Board are elected.
1. 86 Committee Meetina Notification. meetings of standing
committees and of committees of a quorum of the Board
shall be publicly noticed at least 24 hours in advance by
listing the meetings on Board meeting agendas or on separate
notices that are forwarded to each person who usually receives
an agenda, by posting such agendas and notices on the District
office door, and by notifying each person who has requested
notification of meetings of a particular committee.
For any other committee, unless the Board gives specific
direction, the committee will determine which meetings
will be noticed and the manner of notification such as
listing on agendas .
Notices shall include the committee name and the time
and place of the meeting.
The notification procedure provided herein shall be
directory only, and failure to give such notice shall
not prevent such committee meetings from being held or
affect the validity of any action taken at such meeting.
M-85-147 Page thirteen
Section
1. 90 Public Records . All public records of the District shall
be open to public inspection during District office hours :
Monday through Friday from 9 :00 A.M. - 12 :00 Noon and 1 : 00
P.M - 5 :00 P.M. , holidays excepted. Holidays observed by
the District are New Year' s Day, Lincoln' s Birthday, Wash-
ington' s Birthday, Memorial Day, Independence Day, Labor
Day, Columbus Day, Veterans ' Day, Thanksgiving Day, the
day after Thanksgiving, the afternoon of December 24, and
Christmas Day. If a holiday falls on a Saturday, the holi-
day shall be observed on the preceding Friday. If a holiday
falls on a Sunday , .the holiday shall be observed on the
following Monday.
1.915 lorramtrzi*.cutions From individual Directors. Any communication from a
New Section to the ->,r Board in any way reZated to the Director's
capacity as an elected District official shall be distributed to the
Board as a public informational item by the Director unless it is made
clear in the th(,., (->ommuni,,.-�a t ion is the opinion of
the Director and n,,.,`
2.00 COMMENTS
New Section Tape Recording (New Section) . The idea of a tape-reten' tion-
time policy has been brought up. There is no Board adopted
policy regarding District tape recordings of Board meetings;
however, the District Clerk ' s practice has generally been to
retain each tape until the minutes are approved and then to
erase it. From an administrative point of view, tape record-
ings are made to facilitate the minutes preparation process .
They have also been made available to the public to listen to
and to duplicate . If tapes are to be treated by the Board as
a formal public record, staff will have to be much more con-
cerned with quality of recording (and therefore audio equipment) ,
storage of tapes, and control of tapes . Tape control would
probably involve making only duplicates available to the public
(and passing on the costs thereof) . If there is to be a tape
retention policy, then a policy which did not elevate the tapes
to full formal public record status would be more cost effec-
tive than one which did.
2 . 10 Candidates ' Packets. Informational packets shall be dis-
tributed at no charge prior to elections to candidates who
have filed for Directors ' seats .
2. 12 Candidates ' Statements. In those wards where two or more
candidates have qualified to appear on the ballot, candi-
dates ' statements of qualifications (and, if provided by the
qualifications,
respective county for county candidates, Spanish translations
of candidates ' statements for those requesting them) up to
a maximum of 200 words, shall , if requested, be provided by
the District at its expense Dursuant to the Elections Code
of the State of California , and that no such candidate shall
be billed for availing himself or herself of these services.
In the case where there is a single candidate qualified to
appear on the ballot , and the candidate requests that his
or her candidate ' s statement be included in official election
material distributed to voters, the District shall bill such
candidate for the cost thereof, including costs related to
Spanish translations.
M-85-147 Page fourteen
Section
2 . 15 Annual Disclosure Statements . Annual disclosure statements
required by the Fair Political Practices Commission shall be
distributed to designated employees by the District Clerk by
January 15 and returned to the Clerk by January 31 .
2. 20 Fees Charged for Special Mailings-. Reasonable fees may be
charged by the General Manager for reproducing and mailing
materials on special projects.
2 . 30 Compensation of Directors and Payment of Expenses.11
Members of the Board shall receive one hundred dollars ($100. 00)1
for each attendance at public Board meetings or public Board
meetings continued from another day. They shall not receive
pay for more than two such meeting days in any one calendar
month. At least one item agendized under Special orders of
the Day, Public Hearing, Old Business or New Business must be
discussed in public at a meeting or a continued meeting for
the meeting or continued meeting to be compensable.
Members of the Board may be allowed actual necessary traveling
and incidental expenses incurred in the performance of offi-
cial business of the District as approved by the Board.
COMMENTS
Senate Bill 360 , a bill sponsored by the East Bay Regional
Park District on which you took no position, has passed the
Legislature and was sent to the Governor. The legislation
would allow compensation to Board members for attendance
at committee and certain other meetings . Your Rules of
Procedure are even more restrictive in compensation
than the current law has allowed.
2 .40 Financial Instrument Signatories . (a) The authorized signa-
tories to checks, warrants , withdrawal applications and Santa
Clara County claim forms of the Midpeninsula Regional Open
Space District in amounts less than $50, 000 shall be those of
any two of the following six officers: (i) the President, (ii)
the Vice President, (iii) the Treasurer, (iv) the General
Manager and (vi) the District Clerk.
(b) The authorized signatories to checks , warrants, with-
drawal applications and Santa Clara County claim forms of the
Midpeninsula Regional open Space District in amounts of $50, 000
or greater shall be the following officers : (i) the Treasurer,
or in his/her stead the President, or in his/her stead the vice
President, (ii) the General Manacer or in his/her stead the
District Clerk.
2 . 50 Safe Deposit Box. (a) The authorized signature for entrance
into the District ' s safe deposit box are any of the following:
President, Treasurer, General Manager, Assistant General
Manaaer and the District Clerk.
11. Public Resources Code Sections 5536 and 5536. 5
Adopted 12/10/75 Amended 1/28/81
Amended 1/26/77 Amended 6/24/81
Amended 8/17/77 Amended 6/22/83
Amended 4/12/78 Amended 9/14/83
Amended 9/27/78 Amended 3/28/84
Amended 10/25/78 Amended 8/8/84
Amended 6/13/79 Mended 8/22/84
Amended 11/14/79
i
i
i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: F.Y.T.
DATE: October 4, 1985
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
October 3 , 1985
Supervisor Jackie Speier, Chair
San Mateo County Board of Supervisors
Hall of Justice
401 Marshall Street
Redwood City, CA 94063
Dear Jackie and Members of the Board :
In behalf of our Board members , I want to thank you for
hosting last month 's joint meeting at the County Govern-
ment Center. We are looking forward to another session
with you during the early part of 1986 , and you can be
assured that another nine years will not pass before we
meet again!
Our meeting was a very successful and friendly one. Not
only did it allow us the opportunity to get to know each
other a little better , but it provided a forum for us to
address and better understand the concerns and issues we,
as elected County and District officials , must address in
providing various types of park, recreational and open space
opportunities for the citizens of San Mateo County.
It is my sincere hope that the meeting will be viewed in
retrospect as the cornerstone for the foundation of a last-
ing cooperative relationship between San Mateo County and
the Midpeninsula Regional Open Space District.
Sincerely,
Teena Henshaw, Presi t
Board of Directors
TH: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
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
October 1 , 1985
Mr. Joe Donohue, Chairperson
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, California 95118
Subject: Reseeding and mulching of District Mt. Umunhum area
lands subject to Lexington fire
Dear Mr. Donohue:
On September 11 our Board of Directors approved the expenditure of
$5625 to aid in the renovation of those District lands damaged in
the July. Lexington fire. While this sum is somewhat less than the
$10, 000 requested in your August 23 letter, our staff analysis
concluded that the District areas of major concern constituted 51
acres of graded fire breaks needing mulching and seeding and an
additional 100 acres of chapparal needing only aerial seeding.
The funds are intended to aid the CDF seeding as well as the Water
District efforts .
Attached you will find a draft agreement and exhibit map to for-
malize our contribution. We will also be utilizing our own ranger
staff to complete further erosion control methods including water
bar construction and additional reseeding on the most heavily
damaged lands.
We look forward to continuing cooperation on this project with both
your District and the other parties involved.
Please have your staff contact 'David Hansen, our Land Manager, or
Jim Boland, our Operations Supervisor, on expediting this matter or
to answer questions on the agreement.
Very truly yours ,
Herbert Grench
HG/DW/cac General Manager
Enclosures
cc: MROSD Board of Directors
Evergreen Resource Conservation District
C.D.F. (Santa Clara Ranger Unit)
Loma Prieta Resource Conservation District
Mr. Dave Billingsley, Loma Prieta Homeowners Association
Santa Cruz Resource Conservation District
Michael Hamer, SCVWD
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
♦Ihteres , / ` ;/ t, �,:,\ \(. .. z•. ` /^-, Ire •� k�.-
Ch
1 /7d j 1 J� .\1� r i -•r `r (.\ ,L- s° / `/'f r`: t= _�\ ��^�
�• <' _71 \
_ (/\�� �` o� ,� � f it 4�! - r\ --� {'\- f��^ {�. }`,• , -�..
�,. EI�-,Sombro-so
Pie
y/ / \♦ ,I`
310
�/.` / l r @ " '! '--1 \ /, --� � -• �, fro I L � '' .� �,t' ��,
w14 _ � ICCCy �, / \,i\ J«' \�•�\ r' - -�j J J '1 ^' !� �=.;�j rr ;• ,-•cs / �/�41\`,'\`'�
I -�,`�-�•'\`-/-:� \!'. / 'lam•-) /)•
U.,,di an
Area
.�-•- �. �.♦,,, `i.�a'->=�il� ,q... = _zai�•y. - �` \-, - _ , r
; M t-T h a y ems.,
f� \ r`e+.s ' r \ //f %•,
BM
R F i =per ,•
-~ " _ \✓' ,c ` Private Property s 1 '�,
ti]t Li u r•ri
I► �. _ r �� �, ��.\ � Jam.. c^- ti _- .. \_�� � t.. u"348'S. 1 .( � f�` 1t
"h 'V � �, .�-_. � 1 ;�,\� �, ' .. � -�� .••=� %e: �� tit(1 /, ?=� 1� -
nh
\ - r �l � 29l3 �� . ���• x� __--��:�'� ,�.�,�(t L�p ��'..� ar�.�S � )' 1�; , r .$ptifl�� r.F@(
276
EXHIBIT
.� BURN AREAS (MAJOR) I .�
j' -i,-j MFtO6DBoundary
FIREBREAKS
DISTRICT LANDS
1" = 2000 ' NORTH o .F,t \-\ �t r- ` � r- ,b .✓a,.°a� r'9 °e ��'o�iS3
DJ M a n 5� ■r•rn m 7 in n n'n n.n rn c♦r,n n r�n r�rn n n.,-,...y ,.._ __ x — l �•,- �.f�/.l .. 4 l `` �Y .i?r`.
AGREEMENT
1 . The MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called
MROSD, owner of 240 acres of land (A.P.N. 562-09-24 and
562-09-45) which was burned during the July 7 , 1985 "Lexington
fire" , and the SANTA CLARA VALLEY WATER DISTRICT, hereinafter
called SCVWD, which manages the Lexington Reservoir and adjacent
watershed lands , find it mutually beneficial to effect a respon-
sible and expeditious site restoration plan to 151 acres of MROSD
land in that area. This area is outlined in Exhibit "A" attached.
2 . The site restoration plan mentioned in paragraph one above
indicates the aerial application of annual rye grass seed from
aircraft contracted by the California Department of Forestry over
100 acres , and the spreading of a Blando Brome and cloverseed mix
and straw mulch over 51 acres of affected ridge top areas, and fire
breaks cut by CDP within the 240 acre area shown on Exhibit "A" .
This work will be coordinated by the SCVWD.
3. All work is to be completed by December 1, 1985 .
4 . The SCVWD agrees to indemnify and hold MROSD harmless from damages
resulting from any actions or negligence on the part of .SCVWD staff
or other individuals under its direction while on MROSD property
for the duration of this project .
5. MROSD reserves the right to appoint an engineer, or MROSD staff
person, to assist with the overseeing of this project.
6 . Following successful completion of this project, MROSD agrees to
contribute $5 ,625 . 00 to the SCVWD to help defray its costs for
site restoration on MROSD lands .
SANTA CLARA VALLEY WATER DISTRICT
by Date
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
by Date
MIDPENINSULA REGIONAL OPEN SPAC
E DISTRICT
375 DISTEL CIRCLE,SUITE 0-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
September 30 , 1985
Board of Supervisors
Santa Clara County
c/o Supervisor Dianne McKenna
County Government Center , East Wing
70 West Hedding Street
San Jose, CA 95110
Dear Dianne and Members of the Board:
In response to your letter of September 12 , 1985, the District ' s
Board of Directors has nominated Director Nonette Hanko to serve
as our representative on the Preservation 2020 Task Force. Direc-
tor Hanko resides in Palo Alto, and she is one of the District' s
founding Directors . Nonette is extremely knowledgeable of various
land preservation mechanisms and is looking forward to serving on
` the Task Force.
The Board of Supervisors is to be commended for establishing the
Task Force. The review and development of long-term strategies
for the preservation and protection of open space and park lands
in Santa Clara County will be of benefit to all of the County' s
residents in the years to come. As Directors of an open space
district, the Task Force ' s purpose is one we can identify with
very closely.
Sincerely,
Teena Henshaw, President
Board of Directors
TH :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
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965-4717
September 27 , 1985
Mr. Jim Warren
345 Swett Road
e
Woodside , CA 94062
SUBJECT: El Corte de Madera Creek Management Plan
Dear Jim:
The Board of Directors asked me at their September 25th meeting to
reply to your September 11 note to them regarding Corte Madera Creek
Road. I can assure you that we will make every effort to keep the
Creek Road passable to vehicles , although I understand that the area
is a total bog in winter. We do have to consider creek and water
system protection at the same time and are looking to possibly
hiring Big Creek Lumber , under ranger direction, to do some sensi-
tive road work in the area.
The horseshoe picnic table will be renovated early next year if at
all possible. However , in the interim we need to cut off or cover
some of the jagged rebar to lower liability. Do you know any artistic
local volunteers who could help us on this project?
Finally, John Escobar or Dennis Danielson will be in touch with both
Skylonda C.D.F. and the King 's Mountain Fire Brigade to work out their
emergency access needs to the Preserve if they haven 't already.
Thanks , Jim.
ery truly yours ,
"David Wm. Hansen
Land Manager
DWH:ds
cc : }Board of Directors
J. Boland
J. Escobar
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
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: F.Y.I.
DATE: October 9, 1985
Subprocr. aM 1 .=. 84-85 84-85 85-86 85-86
Pro ect ( 3 ) 84-85 Pperol'ected Actual Proposod Proposed
-j
Bud et Exnses Expenses Budget Contin. Notes & Cost Basis of Budgeted Taunts
SERVICES S SUPPLIES
422 L AL SERVICES .0!
02. Special Legal Fees _o
428 REGUIAR OUTSIDE 50
SERVICES
01 Microf i lming - - - - - - - - - - -- - - -- - -- - -
02 Computer Services We 10�0
00 rrss-
03 Nate Paying Agent - -- - - - - -- - -- - - - - -- -- -
04 Temp. Office Help -
3G
05 Payroll Services
06 Burglar Alarm
08 Sanitary Disp. Sere.
99 Miscellaneous ^ -- - -- -- « -- -- -- -• -- - -- - - -- --
rr 4nr F .« YM Ir► /r Yn. M V.� .+ M ��
429 LAND OPTION FEES ---D
��... ..� .r + w+ .r w ar r..r v +... •r w.+ ww wr ... arr
l
,Ni1DPENINS1JLA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D 1,LOS ALTOS,CALIFORNIA 94022
(415)965 4717
September 23 , 1985
Mr. Edward Nelson
P.O. Box 705
Palo Alto, California 94302
Dear Mr. Nelson:
This letter is in reply to your letters of March, April and July
regarding District rig-its over Grandview Drive as an access to the
Schilling Lake area c_�,� the Thornewood Open Space Preserve.
As I understand it , your position has been that except as authorized
by you, District business are committing a trespass
persons acting on -I s
when they t-raverse the _S,2ction of Grandview Drive adjoining your
property. I-Y'e disagree -,sour position, believing that as a prop-
erty owner within the SU--A4<;-* S40:_, 4
the District has legally protected
rights in the reasonable use cf tie roadway.
Enclosed you will find a mertiorand,,,_m detailing our position on the
matter. Our legal researcher has attempted to address each of the
points that you have raisea in your letters .
We expect to continue the District' s policy to allow only our Rangers
and staff access to the Schilling Lake percel via Grandview Drive
and Espinosa Road for planning, maintenance and security purposes
and not to encourage the general public to use these roads . Hope-
fully this will resolve the matter to your satisfaction. If you have
further questions , I suggest that we meet in a friendly effort to
see whether your needs and the District 's can both be accommodated.
Sincerely ,
CY �f
L. Craig BOitton, SR/WA
LCB: cac Land Acquisition Manager
Enclosure
cc: Ms. Barbara Seitle
San Mateo County Board of Supervisors
Honorable Rebecca Morgan
Honorable Robert Naylor
Don Langrock
MROSD Board of Directors
Herbert A.Grench.General hfjr,aget Board of Directors:Katherine Duffy,Nonettt G Filnko,Teeria Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
A
MIDPENINSMA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
September 9 , 1985
TO: C. Britton, Land Acquisition Manager
1V
FROM: M. Bristow, Legal Intern ML)
SUBJECT: Access to Grandview Drive
I have reviewed the facts of this situation and found that the District
has full right to use Grandview Drive as a private easement. specifi-
cally, I found that: 1) filing of a parcel map is equivalent to
declaring a private easement over all roads in the map; 2) that Grand-
view Drive was in fact El Corte Madera Road, as described on the Julian
Thorne Parcel Map, and that its name was changed in 1948 ; and 3) that
Cal . Civ. Code Section 812 , regarding vacated roads as cited by Mr.
Nelson, was repealed and superseded in 1980 .
1 . Creation of a nrivate easement by purchase with reference to a
parcel
Mr. Nelson has asserted that because La Honda Road did not exist
at the time Julian Thorne filed his parcel map, no right of ingress
and egress could exist over his property. His view, implicitly,
is that the portion of Grandview Drive in question would have to
have been used for ingress and egress in connection with La Honda
as it now exists , and that the lack of existence at the time pre-
vents the creation of a private easement. This is incorrect.'
The controlling case law regarding these easements is Danielson v.
Sykes 157 Cal 686 (1910) . (This case was cited in the S. Hurst
memo of 11-29-83 . ) The facts of the case were that the contested
easement was adjacent to each party's lot, and the plaintiff sued
to enjoin obstruction of the access. In reversing the lower court
and ruling for the plaintiff, the California Supreme Court found
that:
. . . the purchasers of such lots have a private
easement in the streets opposite their respective
lots, for ingress and egress and for any use
proper to a private way, and that this private
easement is entirely independent of the fact of
dedication to public use, and is a private
appurtenance to the lots , of which the owners
cannot be divested except by due process of law. "
Danielson_v. Sykes 157 Cal 686 , 689 (1910) .
Access to Grandview Drive
September 9 , 1985
Page 2
This statement of law was sufficient to decide the case upon
the facts presented. However, the court went on to explain its
reasoning , thereby laying down the rule of law that is on point
in this controversy. The rule of law remains unchanged.
"It is obvious that the convenience of the use
of the way over the side streets , as compared
with those leading to general public highways ,
is merely a matter of degree, and that it does
not affect the technical right. " Ibid.
"The prevailing doctrine seems to be that the
technical right extends to all the streets and
that it will be enforced in equity with respect
to all the streets which the particular lot
owner has occasion to use, but that the closing
of a remote street which can be of no material
benefit to the particular lot in question will
not in general be enjoined . " Ibid. at p. 691 .
The point is clearly made that all streets in the subdivision are
subject to appurtenant private easements .
"When a lot conveyed by a deed is described by
reference to a map, such map becomes part of the
deed. If the map exhibits streets and alleys
it necessarily implies or expresses a design
that such passageway shall be used in connec-
tion with the lots and for the convenience of
the owners in going from each lot to any and
all the other lots in the tract so laid off. "
Ibid. at p. 690 .
Thus, as successors-in-interest to the original purchasers , the
District may rely upon the representation that the recorded road-
ways in the filed map are available for reasonable use as a private
easement. Also, the District may use other roads shown on the
parcel map, as legitimate appurtenant rights of way, so long as the
reasonableness of use is maintained.
2 . The prior existence of Grandview Drive under the name El Corte
Madera Road.
It is apparent from inspection of the Thorne parcel map and of
current maps of the area that Grandview Drive and El Corte Madera
Road are exceptionally similar in layout. This being ture, I have
reviewed San Mateo County Official Records and found that in July
1948 , the name of El Corte Madera Road was changed to Grandview
Drive by Supervisor' s Resolution #3565 (1470 O.R. 172 , 7-27-48) .
See attachment.
Access to Grandview Drive
September 9 , 1985
Page 3
While it is entirely possible that El Corte Madera Road as origin-
ally laid out may have been somewhat moved , due to the nature of
the terrain and other factors , the Supervisors ' Resolution clearly
indicates that the greatest change has been in name only. In other
words, the roadway in the Thorne parcel map has not been abandoned
or vacated, at this point, and the District is still entitled to
rely upon the parcel map and upon use of the roadway.
3 . Cal . Civ. Code Section 812
Mr. Nelson makes reference to the "impact" of this Code section in
his letter of 4-22-85 , going on to state that the roads were vacated
and abandoned before August Schilling made his original purchase in
1918 . On the one hand he failed to notice that Cal . Civ. Code
Section 812 was repealed in 1980 by Stats . 1980 , c 1050 , Sections
1, 2; on the other, his analysis fails to distinguish between non-use
and non-existence.
A. Responding to Mr. Nelson 's point by assuming "vacated" status
at anytime prior to the sale by reference to a parcel map is
relevant, the proper statute to consult is found in the Streets
and Highway Code: Str & H Sec. 8353 Effect of vacation on
private easement claimed by purchase of lot by reference to map
or plat showing street
a) Except as provided in subsection (b) , the vacation of
a street or highway extinguishes all private easements
therein claimed by reason of the purchase by reference
to a map or plat upon which the street or highway is
shown, other than a private easement of inqress and
egress to the lot from or to the street or highway.
(Emphasis supplied. )
Law Revision Commission Comment 1980 Addition
"Section 8353 continues the substance of former
CC Section 812 (city streets and county highways)
and broadens them to include state highways , but
eliminates "necessity" as a criterion for extinc-
tion of a private easement of ingress and egress
to a lot from or to a vacated street or highway. "
Thus , even vacation of a street does not extinguish a private
easement of ingress an, egress .
More importantly, this section only refers to public streets .
Rationally, it is not possible to "vacate" a private road.
Access to Grandview F,_ _,7e
September 9 , 1.985
Page 4
B. Assuming that the roads were in fact abandoned, there is still
no reason why the District should be denied access . Even a
complete failure of use does not destroy an easement. For
example, when the servient tenement of a roadway easement
attempted to have its burden removed because no roadway had
been built for decades , the court still insisted upon the
validity of the easement. Strosnider v. Pomin 52 CA 2d 745
126 P 2d 915 (1942) . "An easement -founded upon a grant cannot
be lost by mere nonuser, no matter how long that nonuser may
continue. " Strosnider at 750 .
More exactly to the point, the deed to August Schilling was
dated 1918--reliance on the roadways in the map cannot be
influenced in anyway by interim changes in the land, because
reliance upon the map is the only issue .
Mr. Nelson has apparently not accepted the fact that a general
plan was adopted toward preserving the value of the Portola
Hills Tract and its various subdivisions . The intent was clearly
expressed in the restrictions contained in the conveyance from
Portola Investment Co. to Lawson.
"Sixth: That the restrictions , covenants , pro-
visions and conditions hereinabove set forth are,
and each thereof is , considered and admitted by
the parties hereto, to be in furtherance of the
general plan adopted for the improvements , sub-
division and sale of said Portola Hills Tract,
and have been created with a view to, and are
regarded as , enhancing and protecting the value,
desireability and attractiveness of said Tract,
and of the several lots or subdivisions there-
of . . . . " Vol . 267 San Mateo County Deeds at
260. (1917)
As successor in interest to Lawson, Mr. Nelson must recognize
the rights of other owners of property within the Tract.
A final point to consider is that where, as here, the law and
equity are perfectly clear, and if the District is requried
to seek an injunction to assure its access , the District may
seek to recover attorney' s fees and punitive damages , on the
grounds that Mr. Nelson has been unreasonable.
EDWARD NELSON iNc.
A LAW CORPORATION
415 323-6636
POST OFFICE BOX 705
October 7, 1985 PALO ALTO.CA 94302
L. Craig Britton, SR/WS
Land Acquisition Manager
Mid Peninsula Regional Open Space District
375 Distel Circle, Suite D-1
Los Altos, CA 94022
Dear Mr. Britton:
I have your letter of September 23, 1985 together with the interesting, though
not appropriate, Memorandum is inappropriate in that it does not address the
real facts in this matter. The balance of this Memorandum is an interesting
law school exercise.
The fact is that the Mid-Peninsula Regional Open Space District did not, prior
to acquiring the subject property, take the proper steps to investigate what,
if any, access that "parcel" had. In other words, the District was clearly and
palpably negligent. This is the type of negligence which, when committed by
an attorney makes that attorney clearly liable in malpractice. There may be
in this case, extenuating circumstances, although I have not been advised of
such, in that the District may have been relying on representations made to the
District by the Seller. I doubt very much that such reliance, if it existed, would
qualify as reasonable reliance.
Finally, in the second paragraph of your letter you appear to misstate what my
position has been. First, I refer to persons traversing my property not the section
of Grandview Drive "adjoining" my property. Secondly, I do not take the position
that the persons acting on District business are committing a trespass when those
persons are acting in their capacities as ex-officio law enforcement officers.
Very truly yours,
Edward Nelson
EN/cl
cc: Ms. Barbara Seitle
San Mateo County Board of Supervisors
Honorable Rebecca Morgan
Honorable Robert Naylor
Don Langrock
MROSD Board of Directors
jNUDPENNINSIULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415)965 4717
Septlem'oer 12 , 1985
Ivor J. James , Jr. , Trustee
2120 Bria-rwood Drive
San Jose, California 95125
Re: Sierra Azul Open Space Preserve
Dear Mr. James :
In further answer to your letter of January 7, 1985, please
consider the following:
1 . (Your Paragraph 2 , Page 2 , Final question)
I have attached the District Road Maintenance policy,
dated June 23 , 1932 which Outlines the basis of District
participation in privat
e road maintenance costs. The
District has no other road -aa-intenance or use policies
except as approved on a case by case basis .
2 . (Your Paragraph 4 , -Page 2 , last two questions)
"Sphere of influence" is a term used by the Local Agency
Formation CorLmission (LAFCO) to describe the currently
conceivable outer boundary of a local agency such as a
city or special district within a given county. it
doesn' t mean that the District has "influence" over the
occupants or property (as the District has no regulatory
powers except with respect to its own land) , but rather
describes an area where the District's services might
extend (i .e. , the acquisition and management of public
open space land) . From a legal standpoint the District
could Probably acquire real property anywhere within
the State of California; however, the District Board of
Directors is currently considering land acquisition
policies that may limit such activities to within the
District boundaries and sphere of influence. A map
showing the District' s adopted sphere of influence is
attached. It is also the Board 's policy to only annex
lands (those lands outside the District boundaries,
but within the sphere of influence) that are District
owned or where the property owners have requested annexa-
tion. The difference to a private property owner would
mean that a Portion of the property tax from an annexed
parcel would go to the District .
Herbert A.Grench,General Manager Board of Directors.Katherine Duffy,Nonette G.Hanko,Teena Henshaw.nichard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
• Ivor J. 17'a-,es , Jr.
S e P t e 1-,,,` r 12 , 1985
Page 2
3. (Your Paragraph 7 , Page 3 , final two questions)
As -mentioned in my letter of January 29 , 1985, this
particular area is number 24 on a list of 26 District
sit-es (in order of importance for public access or use)
in terms of Relative Site Emphasis . For a parcel this
low on the list, it would mean that the District has
probably constructed no public improvements, there are
no brochures available and the site is not publicized.
The Loma-Almaden Road question is very complex. Prior
to the time the U.S . Air Force acquired the Mt. Umunhum
site, this road was a seldom used, narrow, unpaved
private road . The Air Force acquisition included the
purchase of 20-foot wide non-exclusive right of way ease-
rne:-.t rights from Hicks Road to the Almaden Air Force
Station. Subsequently they built the radar station with
55 buildings and over 100 personnel on a daily basis.
From the la-Le 1950s until recently, this road was used
by the Air Force, the private adjacent owners and the
public . I have driven on the road many times prior to
my employment with
the District (1977) and could travel
as .far as the ---
upper aorce gate unaccosted. Although
-- -r Force
this road was improved and maintained by the Air Force,
I am of the oTDJ' -,-iio_n that there is overwhelming testimony
by public users-L to substantiate the "public" use and
aspect- of this rcad . However, in contacting the county,
there is no interest on the part of the county in main-
taining this road. Until the public use and maintenance
aspects are finally resolved, it is my opinion that the
District has no more responsibility for maintaining this
road than does any other land owner in the area. Addi-
tionally, it is a fact that no one other than the Air
Force has contributed to the cost of road maintenance
over the last two decades . Before the District makes
any plans to encourage public use on this road, there
will be a deliberate planning study (including public
workshops) and a legal review of the road rights . At
that time, the District and the owners will have a better
understanding of the public recreational facilities (if
any) along with the public access that is desirable for
such uses . These decisions will provide a basis of
understanding of the relative maintenance requirements
of the District and the other property owners in the area.
4 . (Your Paragraph 8 , Page 3 , final statement)
Density rights is a term that describes the number of
legal sites any certain parcel of land may have by virtue
of its zoning . Generally in the Sierra Azul area the
Ivor J. Jr.
Sept
Page 3
_,: ng is A-20S , meaning that a legal building site
from 20 acres to 160 acres based upon a slope
------L.y formula . The County also has provisions within
zoning ordinance to "cluster" the building sites
for density units) in one portion of the property in
to encourage open space preservation . The trans-
of density rights would simply mean that property
owners could cooperatively cluster their combined den--
rights on one parcel and dedicate the balance of
Z_7,e properties to open space , thereby achieving certain
economics 01F Scale and reducing construction costs. if
a cluster could be accomplished then it follows
at densit-y could be sold or traded to adjacent
c"" neigh'--or- n- property owners,although no such County
cr finance c;_--__--_=-t_ly allows a trade of density rights.
DistricC_
could acquire property and
resell- c'ensity to another property owner,
the catalyst for preserving vast amounts
G-_ Open sp_ac-_a 1-and in the steeper less accessible areas,
w _Dr n=cesz:ar_y 'evelopment in the relatively
u-11a7se,-,,ices such as roads and
4
s answers y questions; as always, I remain
a v
YOU Pe:rsnal Dl-y and discuss these matters
a e to mee� w
in 4=a; I . T1..
r yol continued interest in the
r ct
S.:
c c'2-el IV
L. �
Crai Britton,ritton, SR/WA
Land Acquisition Manager
LCB:cac
Enclosures
cc: Loren McQueen
San Jose Water Works
Sierra Azul Landowner's Association
Mr. George McNamara, President
Mr. W. R. Estrada, Treasurer
V/MROSD Board of Directors
oe
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 8 , 1985
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT : Interesting Articles
Attached are two articles from the October issue of "Parks and
Recreation. " One gives a good summary of the dimensions of
recreation, the other some provocative perspectives on moral
stages in recreation and their relationship to resource protec-
tion.
The articles are available for review
at the District office.
C)
Four Dimensions of Recreation
Nearly 15 years ago, an unemployed National Park Service historian by the name of
William E. Brown gathered up the papers and thoughts from two institutes on en-
vironmental interpretation sponsored jointly by the National Recreation and Park As-
sociation (NRPA) and the National Park Service. He was retained by NRPA to "edit
the proceedings."
He failed miserably at that specific charge. And to our good fortune.
What emerged instead was Islands of Hope: Parks and Recreation in Environmental
Crisis. It was described by Brown as a distillation of the participant's thoughts, but
„
more so an essay, as a provocation. for vigorous dialogue within the park and
.
'i
recreation movement on our collective and diverse roles in environmental activism i
and reform.
The author wrestled then, as we do now, with the challenge of neatly and cleanly
defining "the profession," "the movement" and its multiplicity of roles and, in-
creasingly, "the types" of physical resources entrusted to us for stewardship. Brown
simplified this milieu by concluding that the visitor's experience is the critical thing,
and that, in the main, our people and resources offer experiences in four dimensions. Via"
The natural dimension gives perspective—
on nature's workings, the mystery of the web of life;
on man as one species among many,all living interdependently off the bounty of the earth;
on the individual as an integral part of this total system—both biologically and spiritually. r.;`
4}.
The historical dimension gives perspective—
on cultures of the past, particularly as expressions of alternate value systems; "`..
on the relationships of cultures, to each other and to the rest of nature;
on the cultural options chosen that produced success or failure.
The recreation dimension gives perspective—
on the amenities of life off the treadmill,including both strenuous and serene involvement in s
natural settings; -r
on individual physical and mental health;
on the joy of play,whether experienced as water recreation at a remote reservoir or a game of
sandlot ball in a city park.
The social dimension gives perspective—
on group relationships of play and community activities;
on social reconstruction, particularly in city neighborhoods;
on the unexpected fun of meeting compatible strangers in the park and recreation context,as
opposed to formal social associations.
We reference back to these thoughts as the President's Commission on Americans 5.
Outdoors begins in earnest to merge the phrases of an executive order with a practical
research and analysis effort. It will be easy to get sidetracked. Unfortunately, a fair
number of press accounts have already concluded that the commission's work will, or ;
should, focus principally on the national parks and wilderness. .
We believe it is important that a commission somewhat constrained by title and ?:
limiting references keep that critical element—the recreation experience--in mind. If
that occurs, then its ultimate recommendations will be relevant to the people, policies,
and institutions necessary for today and tomorrow.
36 PARKS& RECREATION/OCTOBER 1985
all
a �4
�r
�/ ��.�.. , i•' �,_..:,�:..+"'.�''' ..-cam ',� ��'�•`
. i ► h '' F ' I
S
O • 1 �i• , 'i��/t�+1 �;t ,q r 1i,f,' �F..t .;r i 1��1�� `t \ Y
4t'
ti!r'"�•t f ' 'r � r +. ` _ .: 1 a�fir' - ���'��� •U(` '11.
o
f ��
►";. �n� ,. lira.fir,- ,q! a
f'; , fir"-• , � �'
w '• ifti{Ll. yv«..�,y�' ,,.� WV
j
i
_�I
E.�"
_ J . i
T THE bottom of the Grand to a sign describing the pueblo and its
Canyon, nestled into the by Daniel L. Dustin early inhabitants, there is a railing
J north bank of the Colorado around the perimeter of the ruins,
River, are the ruins of an Anasazi and other signs asking visitors to
pueblo that was inhabited from 1060 pottery fragments, it appears as keep their distance. Clearly, the
to 1150 A.D. There are remnants of though these ruins are much the way custodians of this cultural artifact are
three or four sleeping chambers, a Major John Wesley Powell first committed to its preservation for the
storage chamber, and a larger, found them on his historic river benefit of present and future genera-
deeper kiva chamber that was used voyage in the summer of 1869. tions.
for religious and other ceremonial The National Park Service intends I must confess at the outset that
purposes. Other than the absence of to keep things this way. In addition each time I go to the Grand Canyon,
54 PARKS& RECREATION/OCTOBER 1985 !
each time I hike down the pre- cle. How do we arrive at the moral issue. But now it's only one variable
cipitous, seven and one-half mile-, of choices we make in recreational in a larger moral calculus. The
the South Kaibab trail, each time I should and should not situations? morality of an act is wrapped Lip in a
cross the footbridge over the Col- What leads us to feed or not feed the concern for maximizing pleasure
orado River on my way to Bright bear? What prompts us to carry out and minimizing pain. The bottom
Angel campground, I am tempted to or not carry out our trash from the line is "what's in it for me?" From
climb over the railing surrounding back-country? What drives us to ex- this perspective, the morality of cut-
the 800-year-old Anasazi ruins. ceed or not exceed the speed limit, ting live wood for a fire, cutting
There is a part of me that wants to sit the bag limit, the catch limit? What switchbacks, or cutting in front of
where the Anasazi sat, to see the keeps us on the trail? What propels another pleasure boat, is determined
land as the Anasazi saw it, to share us off? And, finally, what is it that by mental arithmetic. This is the
the Anasazi's space.There is a part of prevents me, yet doesn't prevent morality of cost-benefit analysis and
me that wants to get down, to get someone else, from consorting with irtstrumentalism.This is the morality
dirty, to roll in the earth of the ages. the ancient spirits of the Anasazi In- of the greatest good for oneself.From
In my own convoluted way,I feel I dians in the bosom of the Grand this perspective, there is only one
have carried the right to this ex- Canyon of the Colorado River? question: "Is it worth the price?" If
perience.After all,I have courted the so,go for it.
Grand Canyon for several years. I o begin with, I can think of six Kohlberg refers to stage one and
have been polite.I have been proper. Tpoints of departure where peo- stage two morality as preconven-
1 have not pressed for any advan- ple might be coming from in exercis- tional morality or the morality of the
tages. Isn't it about time I be allowed ing their moral recreational choices. child. At this level of moral develop-
more intimacy? Isn't it about time I These points of departure corres- ment the reasons for society's rules
be allowed to touch? pond, interestingly enough, to psy- and regulations are beyond com-
Yet I refrain. Somehow I resist the chologist Lawrence Kohlberg s six prehension. They are complied with
temptation. Even though I observe stages of moral development. Let me simply out of fear of punishment or
others periodically who do cross briefly illustrate each stage for you enticement of reward. The perspec-
over the barrier with no apparent with recreational examples.Then we tive is dominated by a concern for
harm to either the ruins or them- can see to what extent an apprecia- oneself independent of the rest of the
selves, their actions do not make my tion of Kohllierg's hierarchy may world.
choice any easier. I am full of strong enhance both our understanding of
shoulds and should nots that prevent the moral aspects of recreation Conventional Morality
me from following in their footsteps. behavior and ultimately our ability Stage three morality is a leap up-
to put that understanding to work in ward in moral reasoning. Egocen-
For me,the decision to enter or not recreation resource management trism no longer is the driving force.
enter the Anasazi pueblo is'a practices. Personal sacrifice for the good of the
moral one. It is fraught with feelings
Preconventional Morality group is considered. Altruism is
of good and bad and right and valued. Stage three morality em-
wrong. It is a moral decision because Stage one morality is governed by bodies the beginnings of a social con-
it is tinder my own control. The Na- the fear of punishment alone. The science. What others think matters.
tional Park Service does not main- right action is the one that avoids the Friends and family are recognized as
tain a sentinel to protect the ruins. wrath of whomever is in charge, of ends in themselves; they have rights
Neither do my hiking partners, whomever wields the power. The which must be respected as well as
when I have them, physically question is not whether the action it- one's own. Stage three morality, in
restrain me. No, I obviously have a self is good or bad. The question sum, is significant other oriented. At
choice in the matter. It's up to me. turns solely on the thought of pun- this level of moral development, the
What troubles me most about this ishment should one be caught in the rightness or wrongness of an act is
Situation is that I have yet to explain act. From the stage one perspective, defined by others. I)ecisions, about
to my own satisfaction why I choose the undersized fisi is thrown back carving out a comfortable sleeping
to remain outside the ruins. I do not only out of fear of the game warden, spot on a bed of alpine wildflowers,
really understand myself why I the piece of petrified wood is carving one initials on a picnic ta-
behave the way I do. I just know replaced only out of fear of the park ble, or carving up an out-of-season
there are powerful forces at work ranger, the sugar pine cone is set game animal, are subject to peer
here, that there are powerful signals down only out of fear of a disapprov- pressure and feelings of family
in my brain that compel me to act in ing parent. Were it not for an omni- loyalty. From this perspective, the
certain ways in moral situations. But potent whomever,there would be no aim is to please.
it is not the signals thernselves that issue. There would be no compunc- Stage four morality is a more
concern me. It's how I arrived at tion. abstract, a more general application
them. It's how I got to be who I ant Stage two morality rises above the of stage three thinking. Allegiance to
that is beyond me. all consuming fear of punishment. a group is extended from family and
This,then,is the subject of rny arti- Avoiding punishment is still an friends to the larger society. This is
PARKS& RECREATION/OCTOBER 1985 55
A
the morality of duty and loyalty to stand the justice behind prohibitions theory also sheds light on those
country. Law and order are against camping near water scurces, grayer areas where people struggle
respected for their cohesive power. having open fires above timberline, individually with issues that are not
At this level of moral reasoning, one and discarding orange peels in the so clear in terms of their moral
is concerned about the general desert.The stage five moralist wants propriety; issues related to more or
welfare. From the perspective of to make an educated choice. less consumptive forms of recreation,
stage four morality, one does not Stage six morality, in turn, is the issues related to more or less human
feed the deer because one ought to culmination of human moral impact on the environment, issues
have respect for the sanction against development. It is the moral stage of related to more or less human impact
, ghetto the fully autonomous human being. on each other. This, in my estima-
it. One does not play the
blaster in the campground late at Being true to oneself is the litmus test tion, is where Kohlberg's thinking
night because one ought to obey of stage six morality. It is the living may have a particularly clarifying
campground rules and regulations. of one's life in a way that fosters self- effect.
One does not cross-country ski on a respect. It is characterized by But there's more to it than that.
snowmobile trail in northern Min- maturity and complete acceptance of While the six stages of moral
nesota because one ought to recogn- responsibility for one's actions. The development are interesting to talk
ize that even snowmobilers have morality of an act is measured by the about in and of themselves,it is what
rights. degree to which it is in harmony Kohlberg and others have learned
Kohlberg calls stage three and with one's chosen philosophy of life. about the dynamics of moral growth
stage four morality conventional The stage six moralist stands alone if that make his work potentially so
morality or the morality of the need be in defense of principles. meaningful for our field. It has been
parent.It is the morality of most peo- From this perspective,the individual discovered, for example, that pme-ople
ple in the world. Conventional need only ask, "What would I think cannot skip stages in their moral ad-
morality applauds self-denial for the of myself if I picked the Indian Paint vanceinent. Such growth, when it
.sake of the group.It is a morality that Brush, if I trampled the Kirtland's does occur,occurs one stage at a time.
bows to the law precisely because it Warbler nest, if I failed to extinguish Apparently, the impetus for change
is the law. The perspective is domi- the campfire?" comes about when one experiences a
nated by a concern for being a good Kohlberg labels stage five and moral conflict that cannot be
team player, a good member of the stage six morality as postconven- resolved satisfactorily at one's pre-
community,a good citizen. Conven- tional morality or the morality of the sent level of moral reasoning. The
tional morality reinforces the status adult. Postconventional morality is ensuing anxiety or cognitive diso-
quo. governed by a commitment to nance provides the necessary incen-
Postconventional Morality universal ethical principles. Postcon- tive to grapple with the conflict from
ventional morality is free from the perspective afforded at the next
Stage five morality is a significant societal expectations. It is transcen- higher stage. This struggle results in
departure in orientation from stage dental in its orientation; it is univer- moral growth.
four thinking. The focus shifts back sal in its application. Postconven- Think, if you will, about the im-
from the social perspective to the in- tional morality, understandably, is plications of these findings for
dividual perspective but it is not like exhibited by few people on this recreation resource management.
ego-centered preconventional planet. It demands strength. It de- Clearly, if we are interested- in
morality. Rather, at the stage five mands courage. It demands convic- Istimulating moral development in
level, the individual evaluates the tion of purpose. the recreationists we serve, we now
wisdom of conventional morality in know that we must design multi-
reaching a decision about the moral he more I think about it, the �idimensional informational, educa-
integrity of an act.But in a very real Tmore intrigued I am about the itional, interpretive, and regulatory
sense the individual is free from the possible contributions of Lawrence programs to ensure their effective-
bonds of conventional morality it- Kohlberg's theory of moral develop e1c, I I
I ness across all six stages. Moreover,
self.The individual now internalizes ment to a better understanding of we now know that we must package
responsibility for the moral conse- recreation behavior. At the mini- these prograrris,in a way that creates
quences of behavior. Rules and mum,the six stages provide a useful some conflict,some dissonance,some
regulations are now valued only to conceptual framework within anxiety in people if we want to
the extent that their reason for being which to order inferences about the inudge them upward. Finally, we
is justified. Laws are now respected moral aspects of recreational con- �now know that these programs, if
only to the extent that they are fair duct. In this regard, Kohlberg's theo- they are to be powerful,must contain
and non-discrin-dnatory. ry offers a well-tested explanation of the seeds of understanding that come
At the stage five level,societal con- where people are coming from in with each progressively higher stage
straints can be defended only in their compliance or noncompliance of moral reasoning.
terms of protecting individual rights. with society's rules and regulations. Obviously, I am proceeding from
The issue is due process for all. The But beyond these institutionalized the assumption that moral
stage five moralist wants to under- shoulds and should nots, Kohlberg's growth is desirable. But the assump-
56 PARKS& RECREATION/OCTOBER 1985
tion deserves discussion since it Is ow let's see if we can. apply I realize that this is but a crude
certainly possible that the same what we have learned about beginning, that the task of designing
choice can be arrived at from any of recreation behavior and moral effective multi-dimensional coin-
the six stages of moral development. development to the original problem munication programs is a compli-
If the behavior is the same, does the addressed in this article,the problem cated one. I also realize that
motivation behind it really matter? of safeguarding the Grand Canyon's Kohlberg theory of moral develop-
Yes, I think it does. First, I believe 800-year-old Anasazi ruins. How merit, like all theories derived to ex-
it is better to make moral choices can the National Park Service, plain human behavior, is a
based on reason and understanding through an appeal to visitors' rnoral simplification of reality, that things
than to make moral choices based on reasoning powers,enhance the effec- are more complex than they appear.
fear and ignorance. It is better to tiveness of its protection program? But I also know that we must not let
make a decision about feeding or not As you may have guessed already, this complexity overwhelm us, that
feeding a bear based on knowledge I recommend a six-part message.The we must begin somewhere, that we
of bear ecology than to make the key to the message's effectiveness, it must give an honest effort in trying
same decision based on the fear of seems to me,is the extent to which it to make sense out of our lives and the
being fined.Second,I believe it is bet- has something to say to people at all world around us. This is, and will
ter to feel responsible for one's ac- levels of moral development. To the continue to be,our ongoing personal
tions than to feel irresponsible for stage one moralist, it must convey a and professional challenge.
them. It is better to feel that one has sense of taboo. It must say in no un- Where, then, you might finally
the power to feed or not feed the certain terms that the powers that be ask,am I coming from when I bypass
bear than to feel that one has no forbid trespass. To the stage two those Anasazi ruins in the bottom of
choice in the matter. Finally, I moralist, the message must coin- the Grand Canyon? Do I hold back
believe it is better to answer to municate the personal benefits that because of my fear of the gods?Or is
oneself than to answer to others.It is come with compliance and the per- the benefit of the view not worth the
better to have to convince oneself of sonal costs that come with non- cost of the fine? Do I not want my
the moral rightness or wrongness of compliance. To the stage three hiking partners to think poorly of
feeding the bear than to feel obliged moralist, the appeal must cl:'�e to the me?Or is it simply because there is a
to convince someone else. impact of visitor behavior on signifi- rule against it? Have I actually
But once again there's more to it cant others. To the stage four thought through the rationale
than that. Moral growth is also moralist, the appeal must be to behind the rule and decided it
desirable from a social as well as an restraint for the greater good. To the deserves to be upheld? Or is my
individual perspective. Research has stage five moralist,the message must behavior a harmonious expression of
shown that the higher the level of focus on the rationale for restraint. a personal philosophy of life? At
moral reasoning,the more consistent And to the stage six moralist, there what level, you might wonder, am I
the choices made across individuals. must be an indication of how com- operating?
This is so because as people advance pliance with the National Park Ser- You're putting me on the spot.Isn't
up the hierarchy they become more vice's policy characterizes an it enough that I have opened myself
rational, more logical,more objective ethically principled person. The up to you, that I have confessed my
in their moral reasoning. Situational resulting message might look some- anxiety, that I have revealed my
factors that contributed to choice in- thing like this: Continued on page 72
consistency at the lower levels of
moral development are now less in-
fluential.
The child who behaved one way
in the presence of a park ranger and DO NOT GO BEYOND THIS SIGN
quite the opposite in his absence
hopefully has now evolved into an VIOLATORS WILL BE PROSECUTED
adult who behaves consistently and YOU ARE STANDING BEFORE A GIFT FROM THE AGES.
responsibly regardless of the ranger's IT IS A PRICELESS REMINDER OF OUR HUMAN HERITAGE,
whereabouts. Assuming that a park's OF OUR LINK TO THE PAST. THIS PUEBLO IS FRAGILE
procedures and policies are well AND IRREPLACEABLE. ENJOY IT FROM A DISTANCE SO
thought out and that they are
justifiable to the public they serve, THAT YOUR CHILDREN AND YOUR CHILDREN'S CTHL-
the advanced moral thinker can thLLs DREN CAN ENJOY THIS GIFT AS WELL. THEY AND
be counted on to support them.From YOUR ANCESTORS, THE ANASAZL WILL BE FOR-
this perspective,it makes good man- EVER GRATEFUL FOR YOUR CONCERN FOR THE
ageria sense to promote recrea- FUTURE AND RESPECT FOR THE PAST,
tionists' moral development.
Ultimately it will yield important
social as well as personal benefits.
57
University of Massachusetts forests and trees and a National Ar-
Amherst. bor Day "would serve as an impor- NRPA LAW REVIEW
Registration costs $195 for NRPA tant reminder of the need to protect Continued from page 35
member,,;$240 for nonmembers. The these natural resources."
fee inclUdeS CEU credit,certificate of A similar House resolution (H.J.
completion, all educational Res.133) is pending.
materials, coffee breaks, one dinner Congress Considering FLSA court in favor of Murphy.
(Nov. 13), two lunches(Nov. 14 and Bills: A recent Supreme Court deci-
15), and a wine and cheese social sion has caused a conflict between Mr. Kozlort,ski is an attorney and a
(Nov. 14). organized labor and state and local uteniber of the National Society for
For additional details, contact governments regarding overtime Park Resources Board of Directors. He
NRPA Regional Director Bette pay for government employees. is the author of the Recreation & i
Weseman, NRPA Northeast Service In Garcia v. San Antonio Parks Law Reporter,a ne7V subscrip-
Center, Suite 1, 1800 Silas Deane Metropolitan Transit Authority, the tion service of NRPA.
Highway, Rocky Hill, CT 06067, or court ruled that the minimum wage
call (203)721-1055. and overtime provisions of the Fair
Labor Standards Act were applicable
to state and local government MORAL CHOICES
0500� employees. Tile decision reversed a Continued from page 57
1976 high court decision that ex-
WASHINGTON SCENE empted state and local government
Continued frottz page 18 workers from ELSA coverage. State
and local government officials op- conflict?Must I now share the results
pose the Garcia decision, as the cost of my soul search with you as well?I
of compliance has been estimated to think,not.Better to leave some things
National Register of Historic Places. be over $1 billion in 1986. Govern- unsaid. Better to let me answer to
It'also established what has become ment officials also see the decision as myself. If you don't mind, I'll just
the National Park System Advisory an unwarranted federal intrusion return these questions to you. Where
Board to provide advice on the into state and local affairs. are you coming from when you
cultural and natural resources in Congress is scheduled to consider make your moral recreational
units of the National Park System." the issue this fall. Senator Don choices? At what level are you oper-
At press time, the Senate had not Nickles(R-OK)is pushing legislation, ating7 0
considered the resolution. S.1570, to overturn the Garcia deci-
Removal of Architectural Bar- sion and two bills (H.R.2866 and
riers to the Handicapped: The H.R.2936)to modify the Court's deci-
Department of Education has issued sion are pending in the House Educa- LIFE. BE IN IT
its final regulations under the Educa- tion and Labor Committee. Continued from page 65
tion of the Handicapped Act to National Bottle Bill Introduced:
govern a state formula grant pro- Senator Mark Hatfield (R-OR) in-
gram for the elimination of architec- troduced a national'bottle bill"simi-
tural barriers to handicapped lar to legislation that nine states pre- a catchy slogan with interesting
children and individuals. The Han- viously enacted.The"Beverage Con- characters. It is beginning to take on
dicapped Program provides grants to tainer Reuse and Recycling Act," a character of its own. . .a spirit,an
state educational agencies to assist in S.1553, would create a national attitude. It is developing into what
the alteration of existing buildings system for requiring a five cent "Life.Be in it."was intended to be: a
and equipment. deposit on all bottles and cans of beer way to get the most out of one's day.
NRPA had submitted comments and soft drinks in an effort to pro- It is exciting to see the type of en-
last year on the proposed Program mote recycling, reduce litter, and COUraging, helpful, creative growth
regulations in support of criteria that conserve natural resources. that comes out of a lifestyle that in-
must be met by states in order to Deposit legislation has been suc- eludes everyone.
receive funds. NRPA recommended cessful in states that have iniple- The success of Nashville's Park
to the department that priority con- mented the law. Studies show that and Recreation Department with
sideration for funding should be bottle bills reduce litter on roadways "Life. Be in it." is due primarily to
given to local education agencies that and in parks. With a mandatory commitment. A commitment to the
demonstrate cooperation with other deposit on beverage containers, 10.5 "Life. Be in it." campaign, of course,
community agencies in providing million tons of containers could be but more importantly, a commit-
non-academic, extracurricular ser- recycled each year. ment to the quality of life that is the
vices on an equal basis with non- The Senate bill, which was in- quintessence of that campaign. The
handicapped. troduced on August 1, is pending slogan and characters have helped
Arbor Day Resolution: The before the Commerce Committee. focus and define an already pre-
Senate has passed a resolution estab- Companion legislation I-I.R.357 was valent attitude,an attitude that all of
lishing a National Arbor Day on the introduced by Representative jarnes us can begin to identify with when
last Friday of April 1986.Senator Bill jeffords,(R-VT)and is-still pending in we see, write, or say "Life. Be in it."
Bradley (D-Nj), who introduced the Energy and Commerce Subcom-
Senate joint Resolution 122, said mittee on Commerce,Transportation Don Jones
research on the protection of our and Tourism. Public Infonnation Officer
72 PARKS& RECREATION/OCTCBER 1985
rron, 71ke- Ten1nSv14 Ore— SPace ..,._-
TrL,s >t pe�rol_/
J98S
Year in Review(cont.)E Fines levied gains bus nesses or pub- Sheldon Woodward
lic agencies for failure to adhere to envi-
ronmental laws have not traditionally Physician and photographer
been a source of funds for major conser-
vation projects, but this year POST A generation of local young people know Sheldon Woodward as the Menlo Medical
received$150,000 in settlement money. Clinic pediatrician who tended their ills and answered endless inquiries from their
The award followed a suit filed against parents. Other people know Woodward as the therapist and family counselor who felt
the cities of San Jose and Santa Clara for an urgency about helping troubled young people.An even wider audience knows
dumping inadequately treated sewage Woodward through hundreds of photographs he has giuen to organizations and
into San Francisco Bay. After much publications.
thoughtful discussion,POST is proposing Woodward's decision to tend his art to preservation of the environment stems from
to use the money for improved visitor deep concern over the fate of the planet. "We're leaving a contaminated planet,"he
facilities and tidal marsh restoration adja- says. "Surely there is a connection between the increase in certain kinds of illness,
cent to the Environmental Education cancers, and the spread of pollution."
Center in Alviso. When he retired from medical practice a year ago, he moved to Santa Fe,where
Gifts and bequests he and his family have spent much time over the years.In spite of their love of that
landscape and their attachment to a slower pace, the Woodwards returned to Portola
We are pleased to report that POST Valley.
received$198,967 in donations this fiscal Woodward calls himself a"serious amateur photographer."On the serious side
year and added nearly 1,000 names to our is the fact that he took a number of workshops with Ansel Adams in Yosemite and
list of donors. later in Carmel. Woodward has continued to be active with Friends of Photography,
POST was awarded a $25,000 chal- the group of professional and semi-professional photographers who grew up around
lenge grant for land acquisition from the Adams.
Sierra Club. Subsequent to the close of
the fiscal year we received gifts of land
and money that enabled POST to meet its
commitment to match the grant.
This year POST received a gift of com-
puter equipment from the Hewlett-Pack-
ard Company Foundation. Value of the
gift is in excess of$12,000.We are grateful
indeed to have the help of a computer in
dealing with the mountains of information
we are accumulating.
POST's landsaving efforts are some-
times rewarded by having the Land Acqui-
sitionFund named in a will.In the coming
year we will give more time to educating
people about how to make gifts of land or ,w '
securities, how to establish a charitable
remainder trust or how to include POST
among their beneficiaries. ' Y l
This year has been one in which
POST's role as a facilitator has been
paramount.Much of what we do does not
make headlines.Sometimes negotiations
must remain confidential.Through all this
we are confident that careful,patient and
creative examination of the possibilities
will move us toward realization of long fG
term,landsaving goals.
This year it seems appropriate to give
special thanks to Directors of the Mid- l
peninsula Regional Open Space District �" r
for their steadfastness of purpose. Any
lesser group of people would have folded
under the pressure of often conflicting
public and private interests. We are all
indebted to their volunteer effort to main- 1
tain the San Francisco Peninsula as a F
desirable place to live.
"Ansel was the most life-enhancing person I ever met.He woke up dead rooms with
+;-C, his booming voice,electric personality.I remain more impressed with him as a person
than as a photographer—if that is possible.He was a man of vision to whom the
Robert Augsburger environmental movement is much indebted."
Executive Director Sheldon Woodward
i 9 -
CIJ\Z MS 0oc . 85-21
� �eetino 85-28
l[2��O��I' 01`_NT SP "\CE' DTSTRICg7 DatezOctober 9, 1985
8779 1 ,200.00 CalifornTa Advocates, Inc. Legislative Consultant Fee for
September and Retroactive Increase
for July and August
878o 46.00 Alice Cumming's Private Vehicle Expense
8778 459. 35) AT&T Information Systems Telephone Equipment
� 8781 160,23 Discount Office Supply Office Supplies
�
� 8782 95.00 Dun & Bradstreet Business Seminar--Emma Johnson
� Education Services
� 8783 10^88 El Monte Stationers Office Supplies
�
8784 22.00 Emergency Vehicle Systems District Vehicle Repair
8785 500.00 Foss & Associates Personnel Consulting Fee--September
8786 115.85 Herbert Grench Out of Town Meeting
8787 38.95 Mary Gundert Private Vehicle Expense
8788 7.87 Harbingor Conm`un|cations Computer Services
8789 239~77 Hawkins-Hawkins Co. , Inc. Custom Signs
� 8790 200.00 Holly M. Ho6nick Consulting Services--Office Space
8791 576.80 Keller & Dasaking, Architects Site Renovation--Hassler
� 8792 497.28 Mac Cal Inc. Brochure Boxes
8793 50,00 Charlotte MacDonald Professional Services
8794 16.66 Mobil Oil Credit Corporation Fuel for District Vehicles
8795 691 ,75 Pacific Bell Telephone Service
8796 37~60 Pacific Gas & Electric Company Utilities
8797 432,24 Recreational Equipment, Inc. Ranger Uniform Expense
8798 53.34 Sanborn Security Systems, Inc. Equipment Repair
8739 220.80 San Jose Mercury News Advertisement
8800 502.50 Santa Rosa Junior College Training Course--Ellis Wallace
880) 25, Scribner OU Graphic� h� Pr
ess Typesetting
� 8802 41 ~29 Sears, Roebuck and Company Field Supplies
8803 1 ,314.91 . . Shall 0| ) Company Fuel and Repairs for District
�
Vehicles
�
� 8804 459.04 Signs of the Times Signs
�
88O5 47.06 Standard Brands Paint Company Field Supplies
�
� 8806 361 ,97 Xerox Corporation Maintenance Agreement
8807 346.00 The Travel Place Out of Town Meetings--Herbert Grenoh
8808 82.61 Sandy Voorhees Private Vehicle Expense
Amount Nate' Description
8809 819.30 Ely-Anderson Chevrolet District Vehicle Repair
8810 39.00 First ! nterstate Bank Paying Agent Fees
8811 4,462. 50 E. R. Sheehan Trail Construction--Lang Ridge
`- -^-~—'---�--^�~~
�
� CLAIM No 85-21
Meeting 85-28
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date:October 9, 1985
REVISED
Amount Narne Description
8778 459-35 AT&T Information Systems Telephone Equipment
8779 1 ,200.00 California Advocates, Inc. Legislative Consultant Fee for
September and Retroactive Increase
' for July and August
8780 46.00 Alice Cummings Private Vehicle Expense
8781 160,29 Discount Office Supply Office Supplies
8782 95,00 Dun & Bradstreet Business Seminar--Emma Johnson
Education Services
8783 10.88 El Monte Stationers Office Supplies
8784 22,00 Emergency Vehicle Systems District Vehicle Repair
8785 500.00 Foss 6 Associates Personnel Consulting Fee--September
8786 115,85 Herbert Grench Out of Town Meeting
8787 38.95 Mary Gun6ert Private Vehicle Expense
8788 7.87 Harbinger Communications Computer Services
8789 239~77 Hawkins-Hawkins Co. , Inc. Custom Signs
8790 200.00 Holly M. Hodnick Consulting Services--Office Space
8731 576,00 Keller & Daseking, Architects Site Renovation--Hassler
|
| 8792 497.28 Mac Cal Inc. Brochure Boxes `
�
8793 50 O0 Charlotte. ar utte MacDonald Professional Services
� 8794 16.66 Mobil 8i } Credit Corporation Fuel for District Vehicles
�
� 8795 691 .75 Pacific Bell Telephone Service
8796 37.50 Pacific Gas & Electric Company Utilities
8797 432.24 Recreational Equipment, Inc. Ranger Uniform Expense
8798 53.34 Sanborn Security Systems, Inc. Equipment Repair
8799 220.80 San Jose Mercury News Advertisement
8800 502.50 Santa Rosa Junior College Training Course--Ellis Wallace
880l 25.00 Scribner Graphic Press Typesetting
8802 41 .23 Sears, Roebuck and Company Field Supplies
8803 1 ,314.91 _ . Shell Oil Company Fuel and Repairs for District
Vehicles
8804 459.04 Signs of the Times Signs
� 8805 47,04 standard Brands Paint Company Field Supplies
� 88O6 361 .97 Xerox Corporation Maintenance Agreement
8807 346.0O The Travel Place Out of Town Meetings--Herbert C h
� renc
88O8 82,61 Sandy Voorhees Private Vehicle Expense
|
/
�
!
REVISED
` Amount Name Description
8809 819.30 Ely-Anderson Chevrolet District Vehicle Repair
8810 2i ;U First Interstate Bank Paying Agent Fees
8811 4,462.50 E. R. Sheehan Trail Construction--Long Ridge
8812 166.65 Petty Cash Office Supplies, Meal Conferences,
Film, and Drafting Supplies
{3AID8S No. 85-21
88eetirg 85-28
� YZDPENZNBDLA REGIONAL OPEN SPACE DISTRICT Date:Octobar q, 1985
REVISED
C I, A I 0 S
Amount Name
Description
8778 459-35 AT&T Information Systems Telephone Equipment
8779 1 ,200,00 California Advocates, Inc. Legislative Consultant Fee for
September and Retroactive Increase
` for July and August
8788 46.00 Alice Cummings Private Vehicle Expense
8781 160.29 Discount Office Supply 0fF|ca Supplies
8782 95.00 Dun & Bradstreet Business Seminar--Emma Johnson
Education Services
8783 10^88 El Monte Stationers Office Supplies
8784 22.00 Emergency Vehicle Systems District Vehicle Repair
8785 508.88 Foss & Associates Personnel Consulting Fee--September
8786 115.85 Herbert Crench Out of Town Meeting
8787 38.95 Mary Cundert Private Vehicle Expense
8788 7.87 Harbinger Communications Computer Services
8789 239~77 Hawkins-Hawkins Co. , Inc. Custom Signs
� 8790 200.80 Holly M. Hodnick Consulting Services--Office Space
8791 576,00 Keller & DasekYng, Architects Site Renovation--Hassler
� 0792 497.28 Mac Cal inc. Brochure Boxes
� 8793 50,08 Charlotte MacDonald Professional Services
8/94 16.66 Mobil Oil Credit Corporation Fuel for District Vehicles
�
� 8735 691 .75 Pacific Bell Telephone Service
� 8796 37.50 Pacific Gas & Electric Company Utilities
� 8797 432,24 Recreational Equipment, Inc. Ranger Uniform Expense
8788 53.34 Sanborn Security Systems, Inc. Equipment Repair
� 8799 228.80 San Jose Mercury News Advertisement
� 88OO 502.50 Santa Rosa Junior College Training Course--Ellis Wallace
�
� 88O) 25~00 Scribner Graphic Press Typesetting
8802 41 .29 Sears, Roebuck and Company Field Supplies
8803 1 ,314-91 _ . Shell Oil Company Fuel and Repairs for District
Vehicles
8804 459.04 Signs of the Times Signs
8805 47.O4 Standard Brands Paint Company Field Supplies
8806 361 .97 Xerox Corporation Maintenance Agreement
� 8807 346.U8 The Travel Place Out of Town Meetings--Herbert Grench
NO 82.61 Sandy Voorhees Private Vehicle Expense �
�
�
�
�
REVISED
Amount Name Description
88o9 819.30 Ely-Anderson Chevrolet District Vehicle Repair
8810 2 77
�5�:�8 First Interstate Bank Paying Agent Fees
881l 4,462.50 E. R. Sheehan Trail Construction--Long Ridge
8812 166.65 Petty Cash Office Supplies, Meal Conferences,
Film, and Drafting Supplies