HomeMy Public PortalAbout19910626 - Agenda Packet - Board of Directors (BOD) - 91-20 Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-20
REGULAR MEETING
BOARD OF DIRECTORS
A G E N D A
7 : 30 P.M. 201 San Antonio Circle
Wednesday Building C - Suite 135
June 26, 1991 Mountain View, Calif.
(7 :30) * ROLL CALL
APPROVAL OF MINUTES (June 1 , June 11 and June 12, 1991)
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS -- Public**
ADOPTION OF AGENDA
(7 : 45) PUBLIC HEARING
1 . Amendment to Legal Description for Proposed Ringo
Property Addition to the Sierra Azul Open Space
Preserve - C. Britton
Resolution Amending Legal Description (Exhibit
"A") As Attached to Resolution No. 90-03 (Sierra
Azul Open Space Preserve - Ringo Property)
(7 : 55) BOARD BUSINESS
2. Adoption of Benefit Revisions in District 's Fringe
Benefit Plan for Non-Represented Employees - J.
Fiddes
(8:10) 3. Catastrophic Leave Program - J. Fiddes
(8:15) 4 . Amendments to Rules of Procedure - H. Grench
Resolution Amending Section 1. 45 of the Rules of
Procedure
Resolution Amending Section 2.60 of the Rules of
Procedure
(8 :20) *** 5. Final Adoption of the Preliminary Use and
Management Plan for the Gastronics Incorporated
Property Addition to the Mt. Umunhum Area of
Sierra Azul Open Space Preserve - N. Hanko
6. Final Adoption of the Preliminary Use and
201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679
General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
6. Final Adoption of the Preliminary Use and
Management Plan for the Deka Associates Property
Addition to Long Ridge Open Space Preserve
N. Hanko
7 . Final Adoption of the Preliminary Use and
Management Plan for the Peninsula Open Space Trust
Property Addition to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve - N. Hanko
8 . Final Adoption of the Preliminary Use and
Management Plan for the Johnson Property Addition
to Purisima Creek Redwoods Open Space Preserve
N. Hanko
9. Scheduling of July 9 Special Meeting - N. Hanko
(8:25) INFORMATIONAL REPORTS -- Directors and Staff
CLAIMS
CLOSED SESSION (Litigation, Land Negotiations, Labor
Negotiations, and Personnel Matters)
ADJOURNMENT
-*NOTE: Times are estimated and items may appear earlier or
later than listed. Agenda is subject to change of
order.
TO ADDRESS THE BOARD: When an item you're concerned with appears on the
agenda, the Chair will invite you to address the Board at that time; on other
matters you may address the Board under Oral Communications. An alternative
is to comment to the Board by a Written Communication, which the Board
appreciates. Each speaker will ordinarily be limited to 3 minutes. when
recognized, please begin by stating your name and address. We request that
you fill out the form provided so that your name and address can be accurately
included in the minutes.
Denotes Express Item
NOTICE OF PUBLIC MEETING
The Trails Camittee vill meet Tuesday, July 16, 1991 at the District office
beginning at 7:30 p.m. The purpose of the meeting will be to develop Trail
Use Guidelines.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-20
REGULAR MEETING
BOARD OF DIRECTORS
A G E N D A
7 :30 P.M. 201 San Antonio Circle
Wednesday Building C - Suite 135
June 26, 1991 Mountain View, Calif .
(7 : 30) * ROLL CALL
APPROVAL OF MINUTES (June 1 , June 11 and June 12, 1991)
WRITTEN COMMUNICATIONS
ORAL COMMUNICATIONS -- Public**
ADOPTION OF AGENDA
(7 : 45) PUBLIC HEARING
1 . Amendment to Legal Description for Proposed Ringo
Property Addition to the Sierra Azul Open Space
Preserve - C . Britton
Resolution Amending Legal Description (Exhibit
"A" ) As Attached to Resolution No. 90-03 (Sierra
Azul Open Space Preserve - Ringo Property)
(7 : 55) BOARD BUSINESS
2. Adoption of Benefit Revisions in District ' s Fringe
Benefit Plan for Non-Represented Employees - J.
Fiddes
(8:10) 3 . Catastrophic Leave Program - J. Fiddes
(8 : 15) 4 . Amendments to Rules of Procedure - H. Grench
Resolution Amending Section 1 . 45 of the Rules of
Procedure
Resolution Amending Section 2. 60 of the Rules of
Procedure
(8 :20) *** 5. Final Adoption of the Preliminary Use and
Management Plan for the Gastronics Incorporated
Property Addition to the Mt . Umunhum Area of
Sierra Azul Open Space Preserve - N. Hanko
*** 6. Final Adoption of the Preliminary Use and
201 San Antonio Circle,Suite C-135 . Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679
General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Management Plan for the Deka Associates Property
Addition to Long Ridge Open Space Preserve
N. Hanky
7 . Final Adoption of the Preliminary Use and
Management Plan for the Peninsula Open Space Trust
Property Addition to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve - N. Hanky
8 . Final Adoption of the Preliminary Use and
Management Plan for the Johnson Property Addition
to Purisima Creek Redwoods Open Space Preserve
N. Hanky
9 . Scheduling of July 9 Special Meeting - N. Hanky
(8: 25) INFORMATIONAL REPORTS -- Directors and Staff
CLAIMS
CLOSED SESSION (Litigation, Land Negotiations, Labor
Negotiations, and Personnel Matters)
ADJOURNMENT
*NOTE: Times are estimated and items may appear earlier or
later than listed. Agenda is subject to change of
order.
TO ADDRESS THE BOARD: When an item you're concerned with appears on the
agenda, the Chair will invite you to address the Board at that time; on other
matters you may address the Board under Oral Communications. An alternative
is to comment to the Board by a Written Communication, which the Board
appreciates. Each speaker will ordinarily be limited to 3 minutes. When
recognized, please begin by stating your name and address. We request that
you fill out the form provided so that your name and address can be accurately
included in the minutes.
Denotes Express Item
NOTICE OF PUBLIC NVETING
The Trails Comittee will meet Tuesday, July 16, 1991 at the District office
beginning at 7:30 p.m. The purpose of the meeting will be to develop Trail
Use Guidelines.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-16
WORKSHOP
SPECIAL MEETING
BOARD OF DIRECTORS
June 1 , 1991
MINUTES
I . ROLL CALL
President Nonette Hanko called the meeting to order at 9:05 A.M.
Members Present: Katherine Duffy, Nonette Hanko, Richard Bishop,
Robert McKibbin, Teena Henshaw, Ginny Babbitt, and Betsy Crowder.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Jean Fiddes, Michael Foster, John Escobar, Joan Combs, and Emma
Johnson.
II . Strategic Planning for the Nineties (Report R-91-66 dated May 14 ,
1991)
N. Hanko stated the purpose of the workshop was to have a study
session on the Strategic Planning for the Nineties document that
was developed by staff. She added that the Board would not be
taking final action on the proposals at this time and that the
public would have an opportunity to provide input to the Board at
later regular meetings . She introduced Geoffrey Ball of Geoffrey
Ball and Associates who was the facilitator for the workshop.
Geoffrey Ball said the purpose of the workshop was to review the
District 's current situation and future objectives so that staff
has clear direction from the Board as to allocation of resources
and future policy regarding the emphasis among program areas , and
to establish priorities and timelines for future plans .
H. Grench summarized the reasons for creating a plan for the
nineties, noting that the District is on a collision course
between the desire to complete the greenbelt, provide access to
the public, increase visibility of the District to the public,
and provide better stewardship of District lands. He said that
it is not possible to do all these things with current funding,
that time is short for completing the greenbelt, and that extra
funds are needed for the greenbelt ' s completion.
Discussion centered on what the greenbelt is . H. Grench said it
is preservation of continuous , contiguous lands that are not now
developed in the foothills and baylands. He added that all this
land does not necessarily have to be owned by the District.
K. Duffy said that open space does not always have to be
available for public use, as long as it is preserved as open
space.
201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679
General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,G i nny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Meeting 91-16 Page 2
N. Hanko asked how close to the urban area are the greenbelt
fringe, the District boundaries, and the sphere of influence.
C. Britton said the greenbelt is part of the life experience in
the area and that trails are not necessary on all preserves
it ' s important enough that the greenbelt exists for viewshed.
D. Hansen added that it is not always necessary to acquire fee
title to the land.
R. McKibbin noted that the greenbelt is a way to contain growth
and development.
N. Hanko asked if the greenbelt should provide public access .
G. Babbitt said the greenbelt could be appreciated visually as
well as for its accessibility.
N. Hanko said that the public's perception of the greenbelt at
the time the District was established was that it would be
accessible to the public.
K. Duffy and T. Henshaw said what the public perceives now is the
important point. N. Hanko said that additional funds and public
perception of the greenbelt are important.
G. Ball summarized that public support is a result of the
public's perception.
Discussion followed on public support. N. Hanko said public
support is unknown, that the District has not conducted a survey
n how well-known the District is or what the public perception
is .
N. Hanko said that a strategy to develop more public funds
must include education of the public. C. Britton suggested that
a funding measure is one way to educate the public about the open
space district. N. Hanko added that a survey is important to
find out if the public is willing to support a funding measure.
J. Escobar suggested there may be a perception by the public that
there is enough open space, that it may be easier to gain support
if the public perceives that the District has not been successful
yet. T. Henshaw said that users are strongest supporters and
there should be a tie-in with how the land will be used. R.
McKibbin said that because of a funding shortage, there is less
land accessible for public use. He said a new funding source
could overcome some past weaknesses such as accessibility,
completing the greenbelt, education, and development pressures.
N. Hanko added that decreased funding is an important factor in
the present dilemma. T. Henshaw said that many groups are
competing for funds. C. Britton added that exponentially
increasing land values are a factor.
N. Hanko asked if the public would support a tax increase. K.
Duffy suggested that very positive reasons for a tax increase
would have to be presented.
Meeting 91-16 Page 3
R. McKibbin said that during the last few years the District ' s
land management program has been competing for funds for
development of the preserves with the land acquisition program
and there must be a way for the two programs to be complementary.
G. Babbitt noted that even beyond public outreach, the open space
not only provides a visual backdrop, but also provides local
education for appreciation and stewardship of the land. K. Duffy
said preservation of open space is the message necessary for
fundraising, not focusing only on the users . R. McKibbin stated
that accessibility is the key. T. Henshaw noted that it is a
"balancing act" between long term preservation of the greenbelt
and at the same time giving access to the public. B. Crowder
added that there is a large user public who now feel that the
preserves are getting overcrowded and that may be one way to get
support for expansion. R. McKibbin noted that successful ballot
measures in Cupertino and Los Altos Hill reflect the need and
desire for open space, and could be considered a survey of public
support.
G. Ball noted the discussion was focusing on either more
preservation or public access. C. Britton said the keys are
timing and balance of development on the preserves so that people
support the programs and yet not destroy the ecosystems . He
added that what is needed is enough people who want to use the
land to support the District and preserve as much capital as
possible to acquire land. He said that District land can always
be developed and that he sees no problem with the present
balance.
G. Ball noted the discussion was centering on the need for more
funding to complete the greenbelt, and to do that additional
funds are needed which requires public support, and for public
support, access to the land by visual and active users is needed.
He said he was also hearing that money needed to develop and
manage the land reduces the funding for acquisition to complete
the greenbelt. R. Bishop said it is important to consider the
balance the Board wants between acquisition, access, and
development .
Edward Shelley, 2406 Villaneuva Way, Mountain View, questioned
whether going to the users for support to complete the greenbelt
is the driving force or if the main pressure for development is
the use itself. He said historically the pressure for
development has been for recreational development itself , to
provide access for its own right, noting that if completing the
greenbelt is primary and all other actions are in support of
that , there would be a different strategy than what there is now.
N. Hanko said the need to emphasize development is to include
the public, not only to support a funding measure but because
providing access to the public is one of the basic policies,
adding that access should exist on its own, not necessarily tied
to seeking additional funds .
Meeting 91-16 Page 4
Further discussion followed regarding the proportion of the
budget spent on acquisition versus management.
G. Ball called a recess at 10:25 A.M. The meeting reconvened at
10: 50 A.M.
G. Ball proposed that the group discuss the options for each
basic policy objective and chart them, based on importance (1 -
important; 2 , 3 - very important; 4 , and 5 - critically
important) on a timeline divided into now, 1-2 years , 3-4 years,
and 5+ years categories. (See attached Exhibit A depicting
options the Board voted to place on the importance-timeline chart
during the workshop. )
1 . BASIC POLICY OBJECTIVE
The District will purchase or otherwise acquire interest in the
maximum feasible amount of strategic open space land within the
District, including baylands and foothills.
C . Britton reviewed where the District is now. He said the main
critical issue from an acquisition standpoint is that the
District has essentially used up all of its debt capacity, with
potential acquisition of 50, 000 acres of land still remaining to
complete the greenbelt. He said there will be a shortfall of
approximately $150 , 000, 000 in today' s dollars to acquire that
land. He said the most critical issue is where to get the money
if the Board' s highest priority is to complete the greenbelt.
DISCUSSION OF OPTIONS
Option 1
Place a supplementary funding measure on the ballot for
consideration by District constituency.
Option 2
Support current efforts to place a statewide initiative on the
ballot in 1992 that is similar to Proposition 70 placed before
the voters in 1988 .
The Board agreed that timing is crucial on Option I and that it
has the highest priority. H. Grench said the initiative (option
2) is something the District will be working for regardless of
whether the supplementary funding measure is on the ballot. C.
Britton noted that Option I could provide all the money needed
whereas Option 2 would provide about one-third the amount needed.
H. Grench noted that this effort is currently on hold, that the
Planning and Conservation League (PCL) is holding back on an
initiative at this time, and that there is no hope of the
District getting $70, 000, 000 from an initiative in June, 1992.
R. Bishop noted that a Prop 70-type initiative, if it could be a
viable movement, would be better because of a successful
precedent, and that under Option 1 , the money has to be repaid by
the District whereas with Option 2 the state repays the debt . He
Meeting 91-16
Page 5
proposed the District encourage PCL to proceed with their
original plans. He said the administration's plan appears to be
a Dark acquisition plan but all financial responsibility would
have to be assumed by the local districts .
N. Hanko stated she felt that it may not be necessary for the
District to repay the debt under Option 1 , that it could be a
sales or parcel tax, and stated her opinion that option 1 is an
important option. She added that it is necessary for the
District to work with the governor and legislature.
N. Hanko said that when the District was established a survey was
done to determine support among the voters, and that she would be
opposed to a ballot measure unless there were assurances that the
vote would be affirmative.
R. McKibbin asked how the District can get local funding if it is
not available from the state. He added that a 505% vote, rather
than the present 66%, is a crucial issue, and that the District
needs to lobby legislators toward the 50% vote. R. Bishop agreed
that a 50% vote is crucial . He added that if Option 1 is adopted
Illli it should be subject to the timing so that a bond issue is not
submitted to the voters until after the law will permit a win by
a 50% majority. H. Grench said a benefit assessment district
does not require the 2/3 vote.
G. Babbitt asked if. the Board agreed that a funding measure needs
to be studied and the implications considered.
Tom Karnofel , representing Local 715 of the S.E.I.U. , said the
union supports any decision of the Board to seek more revenue and
that Local 715 has a political apparatus that would like to be
part of the task force to promote Option 1 or Option 2, such as
mailings , phone calls, and walking precincts.
G. Ball showed how he would move a card with the option noted on
it up slowly from "important" to "critically important" and Board
members would raise their hands when they felt it was at the
right point. When four Directors ' hands were up, that would be
the "vote. " He explained that the timeline would be set
similarly, moving from now to later.
The Board voted to place Option 1-1 in the high-4 range and in
the immediate-now range.
The Board voted to place Option 1-2 in the high-4 range and in
the immediate-now range.
Option 3
Although limited to only a few specific areas, use benefit
assessment districts to help fund acquisition of sites with
unusually high neighborhood benefit.
Meeting 91-16 Page 6
Option 4
Increase pace of acquisition subsequent to passage of funding
measure.
The Board agreed not to prioritize Options 3 and 4 .
Option 5
Continue to concentrate on acquiring land which is under threat
of development.
R. McKibbin said that if there is no new funding, the District
may need to re-prioritize properties that are considered for
acquisition but that it should be done also if funding is
acquired.
G. Ball suggested that staff develop principals and strategy that
address the limited resources. C . Britton said the strategy for
twenty years has been to consider properties that are currently
available, while being aware of what is being developed.
N. Hanko questioned whether the Board wants to change its
policies regarding acquisition of lands outside the sphere of
influence or in the sphere but outside District boundaries . The
Board agreed that it is an issue that needs to be considered at a
future time. K. Duffy questioned whether there is anything wrong
with the present priorities . E. Shelley noted that the Board has
had a policy to reserve funds for critical properties. Penny
Durham, PO Box 4035, Menlo Park, said she would like to see
maximum flexibility in acquisitions .
T. Henshaw said the Board would like to pursue at a later time
the issue of acquisition of land outside District boundaries and
outside the sphere of influence. N. Hanko added the Board should
discuss whether District boundaries should be expanded. There
was strong agreement for T. Henshaw 's proposal and that it should
occur as soon as possible.
G. Ball , summarizing the Board ' s discussion, added two options
for placement on the chart: Option 1-10 - land purchase priority
determination and Option 1-11 - acquisition of land outside
District.
The Board voted to place Option 1-10 at the top of the critically
important range and in the immediate-now range.
The Board voted to place Option 1-11 in the high-4 range and in
the mid-now range.
The Board agreed to consider Options 6, 7 , 8 , and 9 together.
Option 6
Continue to encourage local government to make sound decisions on
land use.
Meeting 91-16 Page 7
Option 7
Increase board and staff efforts to engage in speaking
opportunities to present the District ' s program and need for
funds .
Option 8
Increase District Director political contacts for support of
District programs, proposed funding measures, and cooperative
acquisition projects.
Option 9
Encourage and support local open space acquisition efforts which
advance District goals .
R. McKibbin suggested that Option 6 is not keyed to acquisition
and could be discussed under the second basic policy objective.
Other members of the Board concurred.
Speaking about Option 7 , T. Henshaw said there is an increased
need for the Board to become more involved in the political arena
outside the Board room. Referring to Option 8, she said the
option emphasizes examining the charge the Board gives to the
general manager in terms of use of his time. She added that the
Board has to consider what the general manager is asked to do and
what his role is . K. Duffy noted that Option 8 is looking at
commitment from the Board of Directors and not the general
manager.
D. Hansen noted that Board members have done a lot of speaking
engagements in the past. There was agreement by Board members to
increase their speaking to build support for additional revenues
and the District in general , with back-up support by the staff
and realistic in amount of time. N. Hanko added that Directors
must speak as a single voice regarding what the District supports
and needs in the way of taxing measures.
The Board agreed to examine who on staff has responsibility for
different political liaison activities and possibly opening up
avenues for additional support in political areas.
The meeting recessed for lunch at 12 : 00 and reconvened at 12 : 48 P.M.
2. BASIC POLICY OBJECTIVE:
The District will work with and encourage private and other public
agencies to preserve, maintain, and enhance open space.
H. Grench noted that this policy overlapped with other programs . He
said that the Board and staff need to consider the benefits to the
District as weighed against staff time and costs.
H. Grench reviewed some cooperative projects which have been
accomplished with non-profit agencies, as well as cities, counties,
and the state. He noted that available staff time is a limiting
Meeting 91-16 Page 8
factor for many projects, and that the opinion of District staff is
frequently sought by other agencies.
DISCUSSION OF OPTIONS
Option 1
Allocate more Board and staff time to enhance contacts with public and
non-profit agencies.
Option 2
Enter into cooperative management agreements to gain more efficient
use of staff .
Option 3
Enhance joint planning for adjacent preserves and parks.
Option 4
Foster more planning on a regional scale among the District and park
agencies .
N. Hanko suggested encouraging joint projects with cities and counties
for acquisition and development of sites. C. Britton noted that
cooperative management agreements between agencies are becoming more
prevalent. T. Henshaw suggested including environmental groups and
organizations in joint projects.
R. McKibbin said that the general plans of cities are generally
development-heavy, and that staff time needs to be spent to give input
into cities ' general plans . H. Grench said that a great deal of
attention should not be given to projects that do not have a direct
impact on the District.
N. Hanko suggested that Board members could be more directly involved
in projects in their particular wards.
G. Ball noted .that the major issue for Options 1 , 2, and 3 appeared to,
be the availability of staff time, and that the Board had indicated a
desire to maintain contacts with other agencies and to build new
directions. K. Duffy said that she envisions the District operating
in a legislative influencing role, and that the District needs to
monitor projects while not necessarily participating.
Discussion centered on the level of activity desired. T. Henshaw
stated that the District needs to be more proactive rather than
reactive. K. Duffy noted that many agencies and cities seek the
District ' s advice and input. J. Escobar noted that staff is sometimes
required to react on short notice, and that better relationships need
to be formed concerning short-term projects.
G. Ball summed up the discussion by stating that the Board had
indicated a desire to work more closely with cities, counties, and
agencies, and that a mechanism is needed to build good working
relationships and maintain sufficient contacts.
The Board voted to place Options 2-1 , 2, 3, and 4 in the important
category in the mid-now range.
Meeting 91-16 Page 9
3. BASIC POLICY OBJECTIVE:
The District will follow a land management policy that provides proper
care of open space land, allowing public access appropriate to the
nature of the land and consistent with ecological values.
D. Hansen stated that District lands are becoming increasingly popular
and that many site improvement grant programs need to be completed.
He said that staff was concerned with protecting sites while
continuing to serve the public, and that safety and liability factors
need to be considered. He said that other problems included overuse
of some sites, the importance of monitoring trail use, and the need
for better signing.
J. Escobar noted that some preserves are nearing too high a use level ,
and that the District needs to consider long term preservation. He
suggested the possibility of limiting the number of permitted
activities on the preserves . He reported that 84 injury accidents had
occurred since January 1989, mostly bicycle accidents . He said that
the critical issue was how much the District was willing to spend to
manage the preserves.
Discussion centered on what makes particular sites most popular. J.
Escobar said that the most heavily used preserves were close to urban
areas, i .e. , Rancho San Antonio, Fremont Older, and St. Joseph's Hill
Open Space Preserves , which account for nearly 80% of visitor use. C .
Britton noted that close-in properties are the most expensive to
acquire.
E. Shelley stated that there may be a risk of not buying the maximum
amount of open space land, and that the preserves were not intended to
be substitutes for county parks. Trevor Burrowes, 1920 Cooley Avenue,
#2, East Palo Alto, said that acquisition of open space land near the
bay was needed in his community, and that acquisition of these close-
in lands would help people to acquire respect for open space and help---
to alleviate pressure on more distant preserves.
G. Ball suggested discussing options in the following groupings:
Options 3-1 , 2, and 13; Options 3-5, 6, 7 , 8 , and 11 ; and Options 3-3,
4 , and 9.
DISCUSSION OF OPTIONS
Option 1
Identify those critical factors, immediate and long term, that need to
be addressed for proper stewardship of District lands.
Option 2
Develop and implement an open space management organizational
structure and staffing plan to meet the District ' s needs in the
nineties.
Option 13
Review existing management policies to evaluate site use restrictions
or closures, including landbanking, as potential methods to reduce or
limit impacts to resource, funding, and management needs.
Meeting 91-16 Page 10
Discussion centered on the definition of "proper stewardship. " Dennis
Danielson, Route 2, Box 317 , La Honda, noted that the District ' s
enabling legislation requires adequate police and fire protection. N.
Hanko stated that staff should be provided with the proper tools to
accomplish necessary tasks. D. Hansen said that he believed that the
District generally provides proper stewardship, although there was
inadequate patrol in some areas and some resource degradation caused
by overuse.
E. Shelley stated that the question to be decided was whether or not
the District wanted to encourage more public use of the preserves . R.
McKibbin suggested that planning should be the first step, followed by
management of the land.
Discussion centered on the underlying issues of stewardship: usage
control , public safety, staffing needs , growth in usage, and acreage,
and how to maintain the quality of stewardship as acreage and use
increase. H. Grench suggested that the Board rate the present level
of stewardship. Using a scale of A, B, C, D, and F, the majority of
the Board rated District stewardship at a C level (or C+ or B-) . R.
Bishop said that he felt this rating was acceptable in view of the
District ' s acquisition policy, and that a higher level of stewardship
would be at the expense of acquisition.
T. Henshaw stated that she considered that field staff had a strong
commitment to land stewardship, and that rangers and open space
technicians often felt stretched too thin. R. McKibbin said that the
office staff was also spread too thin, particularly planning staff.
Discussion centered on consideration of closures of some open space
areas (option 13) . D. Hansen noted that the District ' s unwritten
policy is to keep all lands open to the public. J. Escobar stated
that staff had never viewed closing an area as a realistic
possibility. R. McKibbin noted that the Conservation Management Unit
(CMU) designation was useful , and that staff could request the Board' s
permission to close an area.
The Board voted to place option 3-1 (examine level of stewardship
care of land) at a mid-four level and in the now range.
The Board voted to place Option 3-2 (open space management
organizational. structure and staffing) at a high-four level and in the
mid-now range.
Option No. 5
Develop a volunteer foot, equestrian, and bicycle patrol program to
provide a greater presence on District land and assess costs and
benefits of staff bicycle or equestrian patrol .
option 6
Evaluate and utilize existing local volunteer organizations to
complement , enhance, and structure the District 's programs.
Meeting 91-16 Page 11
Option 7
Utilize the docent program to present a greater variety of
interpretive activities and educational opportunities to a broader
cross-section of the District's constituency (e.g. , Junior Rangers,
Whole Access activities, other youth programs) .
Option 8
Support increased volunteer activities with the staffing necessary to
organize and manage the activities .
Option 11
Explore alternative methods and funding to provide for site
maintenance needs. Consider an Adopt-A-Trail or other similar
programs to encourage citizen and corporate involvement.
J. Fiddes noted that volunteers require a significant amount of staff
support. G. Babbitt suggested that a staff bicycle patrol be
considered before a volunteer bicycle patrol , and B. Crowder
concurred. Tom Karnofel , 13640 Burke Road, Los Altos Hills, said that
he was concerned with liability problems inherent in volunteer
patrols . H. Grench clarified that the volunteer patrols were intended
to act as eyes and ears only, with no enforcement powers . E. Shelley
stated that he felt it was most important that volunteer patrols
represent user groups, thus providing peer enforcement.
The Board voted to place Options 3-5, 6, 7 , and 11 in the two category
and in the low-now range.
Option 10
Develop and implement a comprehensive risk management program that
includes continuing training for planning and field staff on
identification and mitigation of liability problems .
Option 12
Implement a maintenance management plan for District preserves.
Discussion centered on the importance of allocating staff time to
development and implementation of comprehensive risk management.
The Board voted to place option 3-10 in the four category and in the
mid-now range.
The Board concurred that no discussion of Option 12 was necessary, as
it involved an internal matter to be handled by staff.
Option 3
Develop comprehensive resource restoration plans , following adoption
of resource management policies, seeking funding to help prepare and
implement the plans .
Option 4
Adopt and implement Trail Use Guidelines regarding physical trail
standards, designation of trail uses, safe use of trails, signing,
public education, etc.
it
Meeting 91-16 Page 12
D. Hansen said that while critical issues regarding resource
management were addressed in use and management plans, an overall
resource management policy was needed.
H. Grench noted that Option 3 could be divided into two parts: 1)
adopting resource management policies, and 2) developing
implementation plans.
D. Hansen noted that the resource management policies were currently
in draft form. C . Britton stated that the resource management plan
would probably be ready for presentation to the Board in September,
1991 .
The Board voted to place Option 3-3 in the two category and in the
September or low-now range.
The Board concurred that implementation of trail use guidelines
(option 4) was already being addressed, and that the present schedule
was acceptable.
Option 9
Increase efforts to utilize adjacent state, county, and city parks
staff to aid in District site management through reciprocal management
agreements and planning studies.
T. Henshaw said that this option tied in with Options 2-1 , 2, 3, and 4
that had previously been addressed and placed in the important, mid-
now range. Discussion centered on the staffing implications of
implementing this option.
The Board recessed for a break at 2: 50 P.M. and reconvened at 3:00 P.M.
4 . BASIC POLICY OBJECTIVE
The District will educate and make clearly visible to the public the
purposes and actions of the District, and will actively encourage
public communications and involvement in District activities.
H. Grench presented an overview of the program, noting that there are
possibilities for expansion. He said that the key issue to be
considered was implementing a strong marketing program to publicize
the District ' s concept of open space as well as the facilities the
District owns and maintains. He said this marketing program should
involve public outreach as well as public communications.
He recommended grouping the options for discussion as follows:
Options 4-1 , 7 , 8, 10; Options 4-3, 6, 9; and option 4-4.
DISCUSSION OF OPTIONS
Option 1
Establish a program to garner the public support needed if a funding
measure is to be approved by the voters .
Meeting 91-16 Page 13
Option 7
Increase public outreach efforts and resources to secure support of
local citizens and politicians through editorial and news articles
explaining the District ' s position on local events.
Option 8
Position the District as a model of land preservation nationally
through placement of District-written articles in national
publications, including professional magazines of American Society of
Landscape Architects , American Institute of Planners, California Parks
and Recreation Society, National Recreation and Parks Association,
etc.
Option 10
Actively involve the District in Open Space America and regional open
space efforts .
N. Hanko said that she felt that the Public Communications section of
the Basic Policy was not being realized at this point, and that not
enough information is being disseminated to the public.
R. McKibbin stated that new goals and directions need to be
established for the Public Communications program, with adequate
staffing to implement these goals . H. Grench asked if the Board
wanted to get into a more comprehensive program or simply put a
different emphasis on various components of the program. N. Hanko said
that she felt the entire Board should be involved in establishing an
outreach program and better public communications . She said that she
felt this was a top priority for consideration, and that a meeting
should be scheduled to discuss what needs to be done. Discussion
centered on the desirability of forming a Board committee to help plan
the District ' s 20th Anniversary in 1992 . She said that another issue
that needed to be raised was promoting a funding measure.
K. Duffy noted that the publications program has been upgraded, and
that the 1990 International Open Space Conference had fully engaged
Public Communications staff for nearly a year. She said that everyday
contacts and public education needed to be addressed.
Ernie Ramires, 525 East Meadow Drive, Palo Alto, commented on the
inaccessibility of some District lands to the public.
Discussion centered on the need for a public survey to determine
whether a funding measure might pass.
G. Ball redefined Option 4-1 as the need to conduct a public survey to
determine public support for a funding measure.
The Board voted to place Option 4-1 in the critically important
category and the immediate-now range.
G. Ball stated the Board ' s consensus that agreement on Option 2 was of
paramount importance, and suggested that the Board address this option
first. R. McKibbin noted that Option 2 covered most of the other
options , and the Board concurred.
Meeting 91-16 Page 14
DISCUSSION OF OPTIONS
Option 2 ,
Establish a comprehensive public outreach program, including increased
public information about the benefits of open space protection, the
District 's accomplishments, and need for continued support.
Option 3
Publicize need for sensitivity to preserve the ecological values,
animal and plant life, on District preserves.
Option 5
Increase specific public outreach and awareness programs to protect
District preserves from threats of adjacent development .
Option 6
Publicize a public youth environmental education and participation
program that will concentrate on involving organizations such as the
Environmental Volunteers, Boy Scouts , and Audubon Society, and
teachers at the elementary school , high school , and college levels.
Option 9
Focus publicity and special events on those sites where more use can
be readily accommodated.
Option 11
Examine possibility of special publication to increase public
awareness and support.
Option 12
Develop multi-cultural programs and publications .
H. Grench said that a full public outreach program would have staffing
implications, which might involve staff reassignments. T. Henshaw
said that she favored a more comprehensive Public Communications
program, which would put more emphasis on public outreach, education,
and distributing publications to a larger audience.
J. Fiddes stated that a more comprehensive public outreach program
might include the docent and volunteer programs . N. Hanko noted that
the docent-led hikes and walks were very popular with the public, and
that additional staff might be considered in order to give more
support to the docent coordinator.
Discussion centered on the necessity to upgrade site signing and
preserve maps .
G. Babbitt noted that field staff also had a great deal of public
contact and should be requested to provide feedback. J. Escobar
concurred that field staff provided a major portion of public
outreach.
K. Duffy said that a primary focus of the District should be to reach
members of the public who are not already friends and allies.
Meeting 91-16 Page 15
The Board voted to place option 4-2 in the critically important
category and in the mid-now range.
Option 4
Commit additional time of general manager, Board, and staff to
political liaison at local , state, and federal levels .
R. McKibbin stated that he would like to see the Board more involved
in developing a strategic legislative plan. T. Henshaw stated that
the Board needs to be more involved with state legislators at the
local level , and suggested meeting with legislators early next year to
discuss various projects and funding sources. She recommended that
the District 's Legislative Consultant Ralph Heim be asked to advise
Board members on working with legislators.
Discussion centered on planning for the District ' s 20th Anniversary.
N. Hanko stated that she would like Board involvement in the planning.
H. Grench noted that the Public Communications Coordinator had drafted
a list of possible 20th Anniversary activities. N. Hanko said that it
was important for the Board to see the list soon in order to begin
planning.
The Board voted to place Option 4-4 in the very important (3) category
and in the low-now and high in the one to two year range.
5. BASIC POLICY OBJECTIVE
The staff will administer the affairs of the District in behalf of the
public so as to maximize accomplishment of the goals of the District
within existing financial constraints.
J. Fiddes introduced the General Management and Program Support
section, stating that staffing needs must be evaluated, particularly
in terms of direction to the general manager. H. Grench said that he
will return to the Board with recommendations on staffing, depending
on priorities .
She said the recommended actions involve enhanced support to District
staff and support required by the Board. She said there needed to be
a decision by the Board in terms of the general manager' s functions,
including being the District ' s primary political liaison.
DISCUSSION OF OPTIONS
Option I
Reorganize, and augment if necessary, District staff to meet Strategic
Plan goals.
Option 2
Set into motion a plan to augment current District funding.
Option 3
Increase Board involvement in potential liaison with federal , state,
and local officials.
Meeting 91-16 Page 16
Option 4
Establish a comprehensive staff development and training program.
Option 5
Involve the District via Board members and staff in regional planning
underway for the midpeninsula area.
H. Grench stated that he will return to the Board with staffing
recommendations depending on priorities set by the Board.
G. Ball stated the Board ' s concurrence that Option 3 had been
discussed in the previous section.
J. Fiddes noted that Option 4 was an internal staff matter.
Discussion centered on the desirability of allocating more of the
General Manager' s time to political liaison and the possible creation
of an Assistant General Manager position. G. Ball stated the Board' s
concurrence to replace the word "Board" with "general manager" in
Option 3.
The Board voted to place Option 5-1 in the critically important
category and in the mid-now range.
The Board voted to place Option 5-3 in the very important category and
in the mid-now range.
T. Henshaw requested President Hanko invite G. Ball to return at an
appropriate time to help the Board prioritize items discussed at the
current workshop. N. Hanko asked staff to review the option
priorities set by the Board and return with the components and
ramifications of implementing them, including timing, staffing,
funding, and change of present actions. H. Grench stated that staff
could return to the Board in August with the information requested to
continue the strategic plan formulation process .
Motion: N. Hanko moved that Geoff Ball be engaged to return as
facilitator of the workshop to set priorities. B. Crowder
seconded the motion. The motion passed 5 to 2 on the
following vote:
Yes: N. Hanko, B. Crowder, R. Bishop, G. Babbitt, and T. Henshaw.
No: R. McKibbin and K. Duffy.
The meeting adjourned at 4 :03 P.M.
Recording Secretaries
Joan Combs
Emma Johnson
1-10
Land Purchase
Priority
Determination
4-2
CRITICALLY 5-1 Comprehensive
IMPORTANT Public outreach
Reorg. to community Prgrm
Implement
5 4-1 EStrategic Plan
Public Survey
for Funding
Measure
1-1 1-11 3-2
Supplemental Acquisition Organizational
Local Funding Outside Structure
Measure District
4 3-1
Examine Level
of Stewardship 3-10,12
(care of land)
Comprehensive
Risk Mgmt Prog.
Allocate staff
time
1-2
Statewide
Funding 5-3
Sources
Gen Mgr's Poli-
tical Liaison
VERY Activities
IMPORTANT
3 4-4
Politicdl Liaison
' Contact Legis.
NOW 1 2 YEARS 3 4 YEARS 5+ YEARS
3-3
Resource Mgmt.
(Sept)
3-5,6,7,8,11
2
Volunteers
IMPORTANT f - - - - - - -
2-1,2,3,4 #09
Work w/cities; O.S.Mgmt
Expand Inter-
agency
Land Purchase
Priority
Determination
4-2
CRITICALLY
IMPORTANT 5-1 Comprehensive
Public Outreach
Reorg. to Community Prgrm
Implement
5 4-1 Strategic Plan
Public Survey
for Funding
Measure
3-2
Supplemental Acquisition organizational
Local Funding Outside , Structure
Measure District
4 3-1
Examine Level
of Stewardship 3-10,12
(care of land)
Comprehensive
Risk Mgmt Prog.
Allocate staff
time
1-2
Statewide
Funding 5-3
Sources
Gen Mgr's Poli-
tical Liaison
VERY Activities
IMPORTANT
3 4-4
Politicdl Liaison
. Contact Legis.
NOW 2 YEARS
3-3
Resource Mgmt.
(Sept)
3-5,6,7,8,11
2
Volunteers
IMPORTANT I - - - - - - - -
2-1,2,3,4 #09
Work w/cities; O-S-Mgmt
Expand Inter-
agency
3 - 4 YEARS 5+ YEARS
i
Open Space _.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-17
SPECIAL MEETING
BOARD OF DIRECTORS
June 11 , 1991
MINUTES
I. ROLL CALL
President Nonette Hanko called the meeting to order at 7 :35 P.M.
Members Present: Nonette Hanko, Robert McKibbin, Katherine
Duffy, Teena Henshaw, Ginny Babbitt, and Richard Bishop.
Member Absent: Betsy Crowder.
Others Present: George Sipel and Kathy Economos.
II. CLOSED SESSION
The Board recessed to Closed Session to consider personnel
matters .
III . ADJOURNMENT
The Board reconvened to adjourn at 10: 45 P.M.
Nonette Hanko
Recorder
201 San Antonio Circle,Suite C-135 Mountain View,California 94040 Phone:(415)949-5500 • FAX:(415)949-5679
Genera!Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop"
f
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 91-18
REGULAR MEETING
BOARD OF DIRECTORS
June 12, 1991
MINUTES
I. ROLL CALL
President Nonette Hanko called the meeting to order at 7:30 P.M.
I
Members Present: Ginny Babbitt, Richard Bishop, Kay Duffy, Nonette
Hanko, Teena Henshaw, and Robert McKibbin.
Member Absent: Betsy Crowder.
Personnel Present: Herbert Grench, Craig Britton, David Hansen,
Jean Fiddes, Mary Hale, Del Woods, Mary Gundert, John Escobar, David
Sanguinetti , and Deborah Morvay-Zucker.
II . APPROVAL OF MINUTES
May 8 , 1991
Teena Henshaw stated that the minutes should be corrected to
indicate she was not present at the beginning of the meeting to tour
the new office building, but that she was present when the meeting
reconvened at 7 : 40 P.M. at the District office.
Motion: R. Bishop moved that the Board approve the minutes of
May 8, 1991 as corrected. K. Duffy seconded the
motion. The motion passed 6 to 0.
May 22, 1991
Motion: K. Duffy moved that the Board approve the minutes of
May 22, 1991 . G. Babbitt seconded the motion. The
motion passed 6 to 0 .
May 28, 1991
Motion: K. Duffy moved that the Board approve the minutes of
May 28 , 1991 . T. Henshaw seconded the motion. The
motion passed 6 to 0.
May 30, 1991
Motion: K. Duffy moved that the Board approve the minutes of
May 30, 1991. T. Henshaw seconded the motion.
Discussion: N. Hanko stated that the second paragraph
of page three should be corrected to include the
Board' s direction for the use of birds in the
development of the designs. The motion to approve the
minutes as corrected passed 6 to 0.
201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679
General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop
Meeting 91-18 Page 2
I
III . WRITTEN COMMUNICATIONS
N. Hanko stated that the Board received a letter from the California
History Center & Foundation and that staff would follow up with a
response for the District 's participation in its program.
IV. ADOPTION OF AGENDA
N. Hanko stated that the agenda was adopted by Board consensus .
V. ORAL COMMUNICATIONS
There were no oral communications.
VI. PUBLIC HEARING
A. Determination of Public Necessity for Proposed Vidovich Property
Addition to Rancho San Antonio Open Space Preserve (Report R-91-
68 dated June 5, 1991) - N. Hanko gave a brief history of the
formation of the District and its purpose to acquire the
maximum, feasible amount of open space to provide a greenbelt in
northern Santa Clara County and southern San Mateo County. She
stated that the District had acquired 34 , 000 acres .of land. She
introduced the members of the Board of Directors and outlined
the procedure for the public hearing. She asked S . Norton,
District legal counsel , to instruct the Board concerning the
to e considered in listening to thepublic
legal factors b g
testimony.
S. Norton explained that most public agencies , cities , counties ,
and special districts have the power of eminent domain that is
normally exercised after extensive negotiations and an inability
to reach an agreement. He stated that the code of Civil
Procedure of the State of California regulates the use of the
power of eminent domain and that all of its procedures ,
including three main requirements, must be followed in
conjunction with its use prior to a local agency using the power
of eminent domain. He stated that first requirement is that the
Board must make three findings: (1) that the public interest
and necessity require the proposed project; (2) that the
proposed project is planned or located in a manner that will be
most compatible with the greatest public good and the least
private injury; and (3) that the property described in the
resolution is necessary for the proposed project. He stated
that the findings were in the resolution to be considered and
were covered in greater detail as applied to this case in pages
three to five of the staff report. He stated that the second
requirement is that the owner is provided a right to a public
hearing, that he is required to receive written notice of the
hearing, and that he has a right to appear and be heard, and
finally, that five affirmative votes would be needed to pass the
resolution.
Meeting 91-18 Page 3
N. Hanko confirmed that notice was delivered to Mr. Vidovich.
She asked H. Grench, general manager, to introduce the report.
H. Grench introduced the staff present at the meeting and gave
the order of staff presentations.
C . Britton described the general location of the property as
adjacent to Rancho San Antonio Open Space Preserve, southerly of
Stonebrook, westerly of Olive Tree Lane and Ravensbury Avenue.
He stated that the entire property covers 358 acres, including
the 78 acre quarry area and stated that the area of the property
being considered included 280 acres. On a map, he pointed out
the Measure B line which he said would be referred to in greater
detail later in the presentation. He gave a background of
District involvement with the property when, years ago, H.
Grench visited the property with George Neary, the owner of
approximately 800 acres including the subject property. He
explained that the District had conversations with the
principals throughout the entire series of transactions leading
to the acquisition of 450 acres by Westlake Development and its
transfer of 375 acres to Chijin and Aiho Cho, and the reversion
of 358 acres to George Neary in a judicial foreclosure. He
stated that the in 1984 the District purchased the 375 acres of
the the Westlake development property from the Chos for $1 . 5
million dollars. He reviewed of the history of use by the
public on the former Neary property. He stated that in 1986 John
Vidovich, De Anza Properties, purchased a 60% interest in the
property for $3 million. He stated that an agreement was
reached with the District concerning the apparent boundary line
of a portion of the land previously thought to be owned by the
District and that, subsequently, the District's previous tenants
of the High Meadow Stables were removed by Mr. Vidovich and that
the stables have remained vacant. He noted Mr. Vidovich's
intention to subdivide and develop the property with site plans
showing 80-lot and 43-lot subdivisions and stated that the
District ' s main interest has been the upper ridge of the
property. He explained that a citizens ' group, R.U.R.A.L. , put
Measure B on the 1989 ballot in Los Altos Hills, which was
approved by voters, limiting the property to a density no
greater than the county density and separating the quarry
development area from the upper ridge area, thus creating the
"Measure B line. "
D. Woods stated that since Rancho San Antonio Open Space
Preserve opened 15 years ago, people had used the trails
connecting Rancho San Antonio, Duveneck Windmill Pasture, and
Black Mountain until the trails were barricaded five years ago.
He explained that the District has done its best over the years
to apply its Good Neighbor Policy, not showing trail access to
Meeting 91-18 Page 4
the property, identified as private on District maps. He stated
that the public has persistently encouraged District staff
during the past 15 years to explore ways to ensure the
continuation of that trail use on the property. He also
explained the District ' s stewardship program that emphasizes
protection of the resources and the visitors ' experience. He
stated that stewardship involves review of the surrounding lands
to ensure that the resource remains protected and that
development plans of the surrounding lands will not be adverse
to the resource. He stated that through this review process the
District has become very familiar with the property and has
worked to find ways to reduce visual impacts and institute trail
use on the property, particularly neighborhood access and
regional access to the preserves beyond Rancho San Antonio.
D. Woods summarized the staff 's conclusions that the property' s
vital importance is in providing a scenic backdrop to the south
bay cities of Los Altos, Los Altos Hills, Mountain View, and
Cupertino; in providing major trail access between Rancho San
Antonio and the thousands of acres of open space in the
foothills; in providing neighborhood access and protecting
scenic values and the wilderness experience within Rancho San
Antonio; and in providing accessible open space along the urban
fringe where there is now a great deficiency.
He located the property on a map and pointed out the importance
of its location as a link from Rancho San Antonio to the 10,000
contiguous acres and public trail system to 5, 000 acres within
Castle Rock and Big Basin State Parks that provides a continuous ,
trail to the coast. He stated that the property provides a key
segment of the trail from Rogue Valley to Windmill Pasture that
continues to Black Mountain and beyond and to Hidden Villa. He
stated that the site includes a prominent ridge visible from the
north and east and particularly from the Interstate Highway 280
corridor. Using slides as visual aids, he pointed out that the
impact of development on the site would be the visibility of
houses, roads , and driveways from important trails in the
preserves, the elimination of important and scenic trail
connections, degradation of the preserve ' s natural resources
from grading, introduction of urban-type pollutants and
vegetation, and loss of natural watershed and wildlife habitat.
D. Woods also reviewed the staff 's use and management plan
recommendations, including signage, maintenance of patrol roads,
removal and replacement of gates and barriers, removal of
buildings and debris at the stables site, and restoration or
realignment of trails.
Meeting 91-18
Page 5
C. Britton stated that since passage of Measure B the specific
lot density of the property became definable and that in
negotiations, the District agreed with Mr. Vidovich to pay for
an appraisal, including an engineering determination of lot
density. He explained that he could not approve the appraisal
due to flaws in the lot yield analysis and in the appraisal
process and that the appraised value was more than twice what he
considered to be the fair market value of the property and
therefore what the District would offer to pay. He stated that
the agreed upon appraisal process included a 30 -day limit from
the date of receipt of the appraisal, ending June 15, during
which Mr. Vidovich was barred from selling any portion of the
property. He explained that Mr. Vidovich had indicated he was
considering the sale of individual lots to other parties and
that this would have jeopardized the potential for District's
acquisition of the entire property. He indicated that the
District's filing of eminent domain action did not preclude the
possibility of a negotiated settlement and that he hoped a
settlement would be reached.
H. Grench summarized reasons of necessity for recommending
eminent domain action. He referred to pages three through five
of the staff report. He stated that since the report and the
accompanying resolution were written an addition had been made
to the resolution to include the date of the offer letter to Mr.
Vidovich, June 10, that the legal description had been amended
to include parcel seven and that copies of the changes were
given to the Board. He restated the recommended actions given
in the report.
N. Hanko explained the order of process of the public hearing
and stated that those wishing to speak would each be allowed
three minutes to address the chairperson.
The Public Hearing was declared open by N. Hanko at 8:28 P.M.
She then asked if Mr. Vidovich or his representative were
present and would like to address the Board . Neither Mr.
Vidovich nor his representative spoke and apparently were not
present.
Howard Martin, M.D., 2500 Hospital Drive, Mountain View,
commented that a United States Geologic Survey study noted
serious sedimentation problems with the upper watershed area of
Permanente Creek that could be aggravated by over development.
He added protection of this watershed to the reasons already
stated for the District's acquisition of the property.
Robert Stutz, 25310 Elena Road, Los Altos Hills, representing
the Los Altos Hills Pathway Committee, stated that the subject
Meeting 91-18 Page 6
property has been on the committee' s master path plans to permit
non-vehicular traffic from the town to the open space district.
Harry Haeussler, 1094 Highland Circle, Los Altos, stated that
the only advantage to acquiring this property is that there are
trails that are already made. He stated that he is
philosophically opposed to eminent domain but that if the Board
exercised this action he asked the District leave the old quarry
alone as a historical site.
Jean Struthers, 13690 Robleda Road, Los Altos Hills,
representing CIT Reasonable Development, stated that the people
of Los Altos Hills voted for Measure B to keep the lot density
down and that with John Vidovich on the county planning
commission and the commission about to redo the general plan she
thought that this action would be the last chance to preserve
the property and its native plants. She strongly urged the
Board to try every possible way to acquire the property.
Ry Smith, 23230 Ravensbury Avenue, Los Altos, representing
R.U.R.A.L. , said he hoped that after 15 years of working on this
effort the time had come to preserve this land. He stated that
RX.R.A.L. has seven hundred members in the Los Altos and Los
Altos Hills area. He commented that the vote of the people of
Los Altos Hills is a clear indication that the people want the
Midpeninsula Regional Open Space District to take over this
property and do everything possible to preserve it.
Susan Smith, 23230 Ravensbury Avenue, Los Altos, representing
Citizens for Reasonable Development (Measure B) , spoke of the
popularity of Rancho San Antonio illustrating the demand for
open space in this area and the need to commit the Vidovich
property to meet the growing demand and usage.
Robert Johnson, 26379 Fremont Road, Los Altos Hills, Council
Member, Town of Los Altos Hills, delivered and read a letter
from Mayor William Siegel, stating that the town council passed
a resolution strongly supporting the acquisition of the Upper
Neary Quarry lands by the Midpeninsula Regional Open Space
District.
Christine Cole, 23219 Ravensbury Avenue, Los Altos Hills,
representing Full House Farm, presented a map highlighting
trails on the property and pointed out the trail connection
between Rancho San Antonio and Hidden Villa and stated that
there is no other way to link these areas. She stated that the
provision of trail loops for shorter hikes is very important.
Meeting 91-18 Page 7
Hal Feeney, 11030 Mora Drive, Los Altos, stated that he is a
frequent user of Rancho San Antonio Open Space Preserve and
urged the Board to connect Rancho San Antonio and Windmill
Pasture.
Judith Kleinberg, Watson Court, Palo Alto, stated that Committee
for Green Foothills strongly urged the open space district to
take immediate action to preserve the Vidovich property for
three reasons: 1) the committee deems the property to be a
public asset in the area of diminishing assets of this sort;
2) this property is important as a link of existing open space;
and 3) this property and its contiguous properties have
historically been treated as public land. She added that the
threat of development of the ridge demands an immediate and
permanent solution to protect and preserve the greenbelt, and
that the District needs to guarantee that this property will
forever be in the public trust.
Libby Lucas, 174 Yerba Santa Avenue, Los Altos, reiterated the
importance of trail linkage between Rancho San Antonio and
Windmill Pasture. She also referred to U.S.G.S. report 89-4130
in which it was noted that the soils and vegetation of the west
fork of Permanente Creek are ill-suited to development because
of active and inactive land slides, gullies, and unstable stream
banks that are subjects of considerable study for the concerns
of sedimentation and downstream flooding.
Dave Bauer, 21597 Flintshire Street, Cupertino, stated that
Rancho San Antonio is a major contributor to the quality of life
of the people of this area and that development of the property
is not in the interest of the people of this area. He added
that he enthusiastically supported the proposed addition of this
property to Rancho San Antonio Open Space Preserve.
Ed Shelley, 2406 Villanueva Way, Mountain View, stated that he
had hoped the property would be acquired sooner as he felt it
was the key property in the District and encouraged the Board to
take eminent domain action, adding that the Board had not only
the power but the responsibility to do so.
Penny Lave, 1 No. San Antonio Road, Los Altos, representing the
Los Altos City Council, reaffirmed the resolution passed by Los
Altos City Council July 1988 in support of the acquisition of
this property. She stated that the citizens of Los Altos have
also demonstrated their concerns about the watershed.
Chris Romano, 1253 Golden Way, Los Altos, representing the
ti
California Oaks Foundation, stated that this acquisition would
Meeting 91-18 Page 8
be an opportunity for restoration of the leather oak and blue
oak in the area.
Valerie Koble, 881 Parma Way, Los Altos , representing Creeks of
Los Altos, spoke in support of the acquisition of the Vidovich
land to preserve the ridgelines, creek headwaters, and wildlife.
Peter Schubart, 261 South Castanya Way, Portola Valley, formerly
a resident of Los Altos Hills, stated that the acquisition of
this property should be viewed with the same importance as the
acquisition of windy Hill for its panoramic value to Portola
Valley. He added that he supports eminent domain action for the
acquisition of the property.
Brenda Butner, 14565 Harvard Court, Los Altos Hills, a member of
the California Native Plant Society, commented that more
development in the area will introduce new plants that will
invade the native landscapes.
Mark Winitz, 1638 Corte Via, Los Altos, representing the Trail
Center, stated that his organization includes about 2,000
members who are hikers, runners, trail builders and has followed
the issue of trails on the property since 1986. He added that
the Trail Center' s enthusiasts heartily support the District ' s
move to acquire the land as a critical link, one of the most
critical pieces of land in the District ' s sphere of influence.
J. Fiddes called upon four more potential speakers who decided
not to speak. They, instead, submitted written statements in
support of the acquisition.
Terry McDaniels, 10417 Lone Oak Lane, Los Altos Hills,
Chairperson, Environmental Design and Protection Committee, Town
II
of Los Altos Hills , stated that this ridge is of environmental
concern to the entire bay area.
N. Hanko asked if there were others who wished to speak and
again asked if Mr. Vidovich or his representative were present.
There were no respondents.
Motion: R. Bishop moved that the Public Hearing be closed.
R. McKibbin seconded the motion. The motion
passed 6 to 0.
N. Hanko declared the Public Hearing closed at 9:00 P.M.
K. Duffy asked staff what they intended to do with the dam and
the pond. D. Woods responded that it would have to be inspected
in the District's normal safety inspections.
Meeting 91-18 Page 9
R. McKibbin stated, as director of the ward in which this
property is located, that it has been the vital missing link of
not only local , but also of regional importance. He urged the
Board to vote to acquire the Vidovich property now.
G. Babbitt thanked the participants in the public hearing, which
showed strong support for the acquisition, and thanked the staff
for providing a detailed report to the Board.
T. Henshaw stated that many people of Sunnyvale are users of
Rancho San Antonio and former users of the Vidovich property.
She added that she would support a motion to adopt the
resolution.
R. Bishop that Rancho San Antonio Open Space Preserve is one
that the District is especially proud of because it is a wild
area that is close and convenient to many homes. He added that
it is important to protect the wild character of this preserve
by acquiring this property and preventing development that would
diminish the quality of the preserve.
K. Duffy stated that the decision to take eminent domain action
is not an easy one and she thanked the participants in the
hearing for their comments and for their support of the
acquisition.
N. Hanko briefly restated the findings on pages three through
five of the staff report as those necessary to take eminent
domain action. She added that the need is great to protect
Rancho San Antonio Open Space Preserve from being overloved by
its 400,000 users by expanding the preserve.
Motion: N. Hanko moved that the Board adopt Resolution 91-
24, a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Finding
and Determining that the Public Interest and
Necessity Require the Acquisition of Certain
Properties for Public Use, to wit, for Public
Park, Recreation and Open Space Purposes,
Describing the Properties Necessary Therefore and
Authorizing and Directing its Retained Legal
Counsel to Do Everything Necessary to Acquire All
Interests Therein (Rancho San Antonio Open Space
Preserve - Vidovich Property) . R. McKibbin
seconded the motion. Discussion: C. Britton
reminded the Board that the date June 10 was added
to the amended resolution and that parcel seven
was added to the legal description. The motion
passed 6 to 0.
Meeting 91-18 Page 10
Motion: R. Bishop moved that the Board tentatively adopt
the Preliminary Use and Management Plan
recommendations contained in this report,
including naming the property as an addition to
Rancho San Antonio Open Space Preserve and
indicate its intention to dedicate the property as
public open space. R. McKibbin seconded the
motion. The motion passed 6 to 0.
VII. BOARD BUSINESS
A. Final AdoDtion of the Comprehensive Use and Manaqement Plan for
Windy Hill Open Space Preserve - N. Hanko asked that the Board
review the List of Conditions for Conditional Use Permit,
Exhibit A, of the staff report.
Referring to condition number 2 of the list, she asked the staff
if they have a procedure for reporting problems between
different user groups and the District. D. Woods responded that
he is working on a form to be used for this purpose. K. Duffy
asked for clarification that the item refers to problems between
user groups and not problems between user groups and the
District. D. Woods stated that the item addresses the concern
that information about conflicts between user groups will be
given to the District. K. Duffy suggested that the condition be
changed to "2. MROSD shall establish a mechanism for reporting
problems between different user groups. "
N. Hanko, in reference to condition number 5, asked staff what
rules may be established by the commission to make it less
cumbersome for the District to obtain permission to have
organized group activities on the preserve. M. Gundert
responded that the condition was made in response to a request
for a specific group activity and the perceived need to
establish a minimum number of users in an activity that would
require approval by the Portola Valley Planning Commission. She
said that staff identified two groups that use the preserve
annually, Peninsula Open Space Trust for Kite Day and the Banana
Classic that uses Windy Hill as a rest stop. She stated that
the planning commission gave blanket permission to allow those
uses . She added that the commission has not yet established
rules to permit other uses and that District staff will work
with them to establish rules for obtaining permission at the
town staff level .
Discussion followed concerning this requirement. N. Hanko
stated that the District should cooperate with the Town of
Portola Valley in establishing rules. C. Britton recalled
earlier discussions with Portola Valley and recommended that the
Meeting 91-18 Page 11
District work with the condition. D. Woods added that District
staff has proposed a joint permit application procedure.
There was a brief discussion about the deposit to cover the
town's anticipated costs required in condition number 10.
Motion: R. McKibbin moved that the Board adopt the
Comprehensive Use and Management Plan for Windy
Hill Open Space Preserve as contained in report R-
88-141 . T. Henshaw seconded the motion. The
motion passed 6 to 0.
B. Final Adoption of the Comprehensive Use and Management Plan for
Russian Ridge Open Space Preserve (Report R-91-69 dated June 6,
1991
Motion: R. McKibbin moved that the Board readopt the
Negative Declaration and Mitigation Measure
Monitoring Checklist as contained in report R-91-
60 and adopt the Comprehensive Use and Management
Plan for Russian Ridge Open Space Preserve as
contained in report R-91-60. T. Henshaw seconded
the motion. The motion passed 6 to 0.
C. Proposed Annexation of Land in Santa Cruz County (Report R-91-67
dated May 24, 1991) - N. Hanko stated that this annexation will
make the District the only three-county district in the state.
H. Grench stated that the proposed annexation includes all the
land in Santa Cruz County within the District ' s sphere of
influence, except for the Boy Scout property, for a total of 770
acres. He added that the annexation has the consent of 100% of
the included property owners. N. Hanko asked for public
comment. There was no public comment.
Motion: R. McKibbin moved that the Board adopt Resolution
91-25, a resolution of the Board of Directors of
the Midpeninsula Regional Open Space District
Requesting Initiation of Annexation Procedures by
the Santa Clara County Local Agency Formation
Commission (Midpeninsula Preserves 1991- Long
Ridge) . G. Babbitt seconded the motion. The
motion passed 6 to 0.
Meeting 91-18 Page 12
VIII. INFORMATIONAL REPORTS
J. Escobar reported a running accident at Fremont Older Open Space
Preserve and a solo bicycle accident on Whittemore Gulch Trail at
Purisima Creek Open Space Preserve. He stated that the bicycle
accident was reported initially as occurring on Skyline Boulevard.
He stated that the Jikoji cutoff trail bridge has been completed at
the dam and the trail has been widened and opened to bicyclists and
horses to divert traffic away from Jikoji's private property.
D. Sanguinetti reported rescue of a dog with its head stuck in a
hollow log at Monte Bello Open Space Preserve.
IX. CLAIMS
Motion:
R. Bishop moved that the Board approve Revised Claims
91-11. T. Henshaw seconded the motion. The motion
passed 6 to 0.
X. CLOSED SESSION
The Board recessed to Closed Session at 9:54 P.M. to continue its
evaluation of Board appointees.
XI. ADJOURNMENT
The Board reconvened to adjourn the meeting at 11:09 P.M.
Deborah Morvay-Zucker
Recording Secretary
AMPENINSULA REGIONAL OPEN SPACE DISTRICT
FACT SHEET
INDEPENDENT SPECIAL DISTRICT
• PUBLIC RESOURCES CODE SECTION 5500 ET SEQ.
• SEVEN MEMBER, ELECTED BOARD
• FORMED NOVEM 3ER, 1972 BY VOTERS IN SANTA CLARA COUNTY
• ANNEXED BY VOTERS INTO SAN MATEO COUNTY IN 1976
DATA
• NORTHERN SANTA CLARA AND SOUTHERN SAN MATEO COUNTIES
• 327 SQUARE MILE TERRITORY
• 16 CITIES PLUS UNINCORPORATED AREA
• 550,000 POPULATION
• 34,000 ACRES OF LAND
• 24 OPEN SPACE PRESERVES
• 50 EMPLOYEES
• SHARE OF 1% TAX = 1.6%
• 1991-92 PROPERTY TAX = $9A5,000
• $49,000,000 OUTSTANDING DEBT
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
EXPENDITURE ALLOCATION FOR 1991-1992
(TOTAL = $24,703j71)
SITE PLANNING& OPERATIONS (9.6%)
DEBT SERVICE (20.0%) SITE DEVELOPMENT(3.0%)
COMMUNICATIONS (1.5%)
..........
GENERAL MANAGEMENT(3.2%)
OFFICE IMPROVEMENT(2.0%)
ACQUISITION EXPENSES (2.1%)
NEW LAND PURCHASES (58.7%)
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SOURCES OF FUNDS FOR 1991-1992
(TOTAL = $1%730,000)
GRANTS (5.2%)
INTEREST(4.6%)
ENTERPRISE ACTIVITIES (2.1%)
OTHER(2.6%)
S PROPERTY TARE 47.1%
NOTES ISSUED (22.8%)
SALE OF LAND (15.7%)
AMPENINSULA REGIONAL OPEN SPACE DISTRICT
i
FISCAL PROBLEMS
• SHORTAGE OF FUNDS TO DO ALL OF:
COMPLETE GREENBELT PROGRAM ($125,000,000 SHORTFALL)
PROVIDE FULL PUBLIC ACCESS
PROVIDE SUFFICIENT PATROL AND MAINTENANCE
INCREASE VISIBILITY OF AGENCY
• REDEVELOPMENT INCREMENT LOST 1989-1990
$224,000
I
• TAX ASSESSMENT AND COLLECTION COSTS
$136,000
III
Santa Clara V I4 Water District
5750 ALMADEN EXPRESSWAY
SAN JOSE,CALIFORNIA 95118
TELEPHONE (408) 265-2600
FACSIMILE (408) 266.0271
AN AFFIRMATIVE ACTION EMPLOYER
Special Districts Presentation
Santa Clara County
Local Government Task Force
OVERVIEW
OF
SPECIAL DISTRICTS FINANCE
June 14, 1991
�� recycled paps
I. OVERVIEW
WHAT IS A SPECIAL DISTRICT?
Legally constituted governmental entities that are neither
cities, counties, redevelopment agencies or school districts
or
any agency of the state for the local performance of
governmental proprietary functions within limited boundaries
[California Government Code Sec. 16271(d)]
-1-
SPECIAL DISTRICTS INCLUDE AGENCIES FOR
FINANCING OR CONSTRUCTING FACILITIES
State Controller, for reporting purposes, also includes the
following entities when compiling information on special
districts:
+ A public entity, agency, board or commission
provided for by a joint powers agreement.
+ A nonprofit corporation formed through a joint
powers agreement, or formed to construct a facility
subject to an agreement with a local public entity,
or wholly owned by a public agency.
_2_
AUTHORITY
More than 200 different statutory authorizations exist for
special districts.
Approximately 128 of these statutes were legislated for a
single special district to satisfy a particular geographic need.
For example, in the area of flood control and water agencies
over seventy specific authorizing statutes have been enacted.
The peak of this approach to special districts occurred in the
1950's.
SPECIFIC AUTHORIZING LEGISLATION
FLOOD CONTROL AND WATER AGENCIES
NUMBER OF STATUTES ENACTED IN CALIF.
35 --
30
25
20
F
15 I
10
5
1910'S 1920'S 1930'S 1940'S 1950'S 1960'S 1970'S 1980'S
DECADE
SPECIAL DISTRICTS
A California Invention?
The Wright Act passed in California in 1887 established first
two irrigation districts.
The Turlock Irrigation District was established by popular
vote June G, 1887.
By 1895, forty-nine Irrigation Districts had been established
throughout California.
-5-
POWERS COMMON TO OTHER
LOCAL GOVERNMENTS
UNDER STATE CONSTITUTION AND STATUTES
• Autonomy and continuous life
• Ability to sue and be sued
• The right to acquire or own interest in real and
personal property;
and authority to:
• Exercise the right of eminent domain
• Appoint and employ a work force
• Employ counsel
• Enter into and perform contracts
• Adopt a seal
In addition, some have:
• Statutory power to adopt ordinances under which
violations are punishable, and
• Authority to issue bonds.
-6-
BY CONTRAST TO
OTHER GOVERNMENTAL ENTITIES
SPECIAL DISTRICTS:
• Boundaries may fall within city or county limits,
may be multi-city or multi-county in scope, and
may be contiguous or non-contiguous.
• Functions may be limited to one or it may be
permitted to perform multiple functions.
• Governing body may be the Board of Supervisors
(36%), a City Council (3%) or independently
appointed or elected members (61%).
GOVERNING BODY
CALIFORNIA SPECIAL DISTRICTS
BOARD OF SUFER,
CITY COUNCIL 36%
3%
00
APPOINT. OR ELECTED
61%
1988-89
CONFUSING NUMBERS
California Special Districts as recorded by the State
Controller's Office appear to have increased 18% on the past
18 years from less than 4,500 in 1972 to over 5,000 in 1989.
During the five years prior to Proposition 13, special districts
did record a 26% growth in the aggregate.
However, Special Districts other than those used for
financing or constructing facilities {JPA or NPQ have
actually declined 1.5% since 1981.
Although the number of true special districts is declining,
many activities of these dissolved districts have been
consolidated into other districts, or several districts might
combine one new district.
-9-
CALIFORNIA SPECIAL DISTRICTS ADJUSTED GROWTH TREND FOR
TOTAL NUMBER CALIFORNIA SPECIAL DISTRICTS
DOES NOT INCLUDE REDEVELOPMENT AGENCIES,
NUMBER NUMBER TRANSPORTATION PLANNING AGENCIES.
B000 __ _ _ 6000 _ ___ ,IQrur_POWFR.O AUTHDRI TIES-AND NONPROFIT I-QRP
6000
4000
4000
3000 3000
I
2000
O 2000
1000
0 _ — 1000
1972 1989
FISCAL YEAR
o --
SPECIAL DISTRICTS 1981 1989
FISCAL YEAR
18-YEAR INCREASE 18%o EIGHT YEAR DECLINE 1.5%
H. OVERALL FINANCIAL CONTEXT
LATEST REPORT OF STATE CONTROLLER
FISCAL YEAR 1988-89
i
• 5,175 Special Districts
• Operating under 205 different statutory authorities
• Reported revenues/proceeds of $12.9 billion
and expenses/expenditures of $10.6 billion.
• Property tax revenues of $1.9 billion
A 6.9% increase from the previous year and
comprising 14.6% of total revenue/proceeds.
-11-
SPECIAL DISTRICTS ACTIVITIES
ARE CATEGORIZED AS
ENTERPRISE OR NON-ENTERPRISE
Special District enterprise activity:
* Activity in which operations are accounted for in a
manner similar to a private enterprise
• The acquisition, operation, and maintenance of
government facilities and services are entirely or
predominantly self-supported by user charges rather
than tax revenues.
Non-enterprise activity:
0 Activity which has an accounting system
organization on a government fund basis.
• This type of district activity usually relies on
property tax as a major source of revenue.
-12-
SPECIAL DISTRICTS REVEL AND EXPENDITURES
Property taxation is the funding source most commonly used
by special districts.
Following passage of Proposition 13, special districts'
property tax revenue was reduced from $898 million in 1977-
78 to $374 million in 1978-79.
Besides losing this revenue, local agencies also lost the
flexibility to raise property tax rates because Proposition 13
prohibited new property taxes and limited growth in property
tax revenue to a 2% inflation cap.
After the decline in 1978-79, taxes have remained at about
15% of special district revenues.
-13-
SPECIAL DISTRICTS AND
PROPERTY TAXES
TAX PORTION OF REV. TAXES REVENUES
$BILLIONS PERCENT OF THE TOTAL
$ 14 Property taxation is funding 125
source most commonly used
$ 12 by special districts.
After decline in late 1970's - 20
$ 10 taxes have stabilized at about 15% of revenues.
$8 15
$6 10
$4
5
$2
$0 i 0
77 78 79 80 81 82 83 84 85 86 87 88 89
FISCAL YEAR
I
ENTERPRISE ACTIVITIES
Enterprise activities have just about doubled revenues and
expenses since 1981. Electric enterprises' revenues increased
over 350% and now account for 16% of the enterprise
revenues compared to 7% in 1981. The decreases in share
size principally affects hospitals and transit.
-15-
ENTERPRISE ACTIVITIES
REVENUES & EXPENSES
12 $BILLIONS
10 -
8
CN
.%
4 -
2 -
0 --
REVENUES EXPENSES
1980-1 1988-9
1980-1 TO 1988-9
ENTERPRISE ACTIVITIES
_ - _ -REV S-IR80 - 1 _ D 1988- 9
HOSPITAL 16%
WATER 29% WATER 30%
HOSPITAL 18% AIRPORT 1% \
AIRPORT 1%
ELECTRIC 7% ELECTRIC 16%
HARBOR 2% ;' /WASTE DISP. 17%
HARBOR 1%
TRANSIT 26%
WASTE DISP. 16%
1980-1 TRANSIT 20%
1988-9
i
NON-ENTERPRISE SPECIAL DISTRICTS REVENUE
For General Purpose, non-enterprise activities, revenues have
increased 116% and expenditures 118% from 1981 to 1989.
A comparison of revenue sources for non-enterprise special
districts from 1981 to 1989 shows that the biggest change
statewide is a reduction in government aid.
Charges for services and assessments have been the revenue
sources relied upon to make up for that decrease.
The largest charge in governmental aid has been reductions
in federal aid other than for construction which has been
only partially offset by greater State aid for construction and
other purposes.
GENERAL PURPOSE ACTIVITIES
REVENUES & EXPENSES
$BILLIONS
3
2.5 -
2
1.5 /
0.5
0
REVENUES EXPENSES
1980-1 ® 1988-9
1980-1 TO 1988-9
REVENUE PROFILE OF
NON - ENTERPRISE SPECIAL DISTRICTS
REVENUE SOURCE
PROPERTY TAX
ASSESSMENTS
LICENCES, PERMITS
N
O
' INTEREST
i
GOV T AID ����
FISCAL YEAR
CHARGES
® 1980-1
OTHER 1988-9
0 10 20 30 40 50
PERCENT OF TOTAL
GOVERNMENTAL AID FOR
NON--E-N-TERPEUSE-SP-ECIAL--D]-STRICTS
O THER GOVT AGENCIES 23%
-�� $111.9 OTHER GOVT AGEN
$124.9
STATE 16%
$77.6
r
FEDERAL 15%
$44.2
4401 Ai
STATE E o
13 4.2 k
FEDERAL 61% $
$294.2 1989
1981
($MILLIONS)
III. SANTA CLARA C4UNTY SPECIAL DISTRICTS
NUMBER AND TYPE OF SPECIAL DISTRICTS
In 1989 the State Controller reported 61 special districts in
Santa Clara County compared to 56 in 1980-81.
Thirteen of the 61 are accounted for as enterprise activities.
The County has more self-insurance, financing and
construction of facilities, and government services special
districts than in 1980-81. Library and Health activities have
also increased.
-22-
SANTA CLARA COUNTY
SPECIAL DISTRICTS
ACTIVITY
CEMETARY
FIRE PROTECTION ... ..
FLOOD CONTROL
HEALTH
LIBRARY
LIGHTING
LOCAL & REG PLANNING
� MEMORIAL
w RECREATION & PARK
RESOURCE CONSERVATIO
STREETS & ROADS
SELF INSURANCE
FINANCE & CONST FAC
GOVT SERVICES
HOSPITAL � 1980-1
TRANSIT
WASTE DISPOSAL 1988_9
WATER UTILITY _
0 5 10 15 20
NUMBER
1980-1 AND 1988-9
REVENUE SOURCES
A comparison of non-enterprise special districts' revenue
sources at the state level with those in Santa Clara County
shows that in fiscal year 1988 89 our local special districts
relied more on assessments and governmental transfers than
on charges for services.
The general purpose districts obtain about one-third of their
revenues from property taxes.
-24-
COMPARISON OF COUNTY AND STATE
SPECIAL DISTRICTS REVENUE SOURCES
REVENUE SOURCE 0 5 10 15 20 25 30 35 40
TAXES ,y
ASSESSMENTS
TRANSFERS �o
CHARGES -
OTHER
San to Clara Coun ty 0 5 10 15 20 25 30 35 40
special districts have PERCENT
elied on assessments
and transfers more SPECIAL DISTRICTS
than Charges when SANTA CLARA CO. ® CALIFORNIA
compared to districts j
statewide. NON ENTERPRISE FY 88-89
IV. SANTA CLARA VALLEY WATER DISTRICT
FINANCES
REVENUE SOURCE
Santa Clara Valley water District will get about one-fourth
of its revenue from property taxes this fiscal year and about
one-third from charges for water.
Comparing this year with ten years ago, it is clear that both
property taxes and water charges make up less of the
District's revenues. Flood control benefit assessments, NPC
debt financing and government reimbursements now provide
more revenues than ten years ago.
-26-
SANTA CLARA VALLEY WATER DISTRICT
FISCAL YEAR 1990 -91 REVENUE
TREATED WATER CHRGS
—---- - 21%
GROUND WATER CHRGS
13%
FC. ASSESSMENTS
14%
NON-PROFIT CORP
13%
GOWT REIMBURSEMENT /
6% _ ' PROPERTY TAXES
INTEREST 26%
goo OTHER
1%
SANTA CLARA VALLEY WATER DISTRICT
FISCAL YEAR 1980-81 REVENUE
GROUND WATER CHRGS
19% TREATED WATER CHRGS
GOV'T REIMBURSEMENT 18%
0%
N
co
INTEREST i
23%
OTHER —__ __--'" PROPERTY TAXES
3% 37%
REVENUE PROFILE SCVWD
1980 - 1 AND 1990 -91 REVENUES
REVENUE SOURCE
PROPERTY TAXES
FC. ASSESSMENTS
TREATED WATER CHRGS
N GROUND WATER CHRGS
NON-PROFIT CORP
GOV'T REIMBURSEMENT �
I
INTEREST � � 1990-1
OTHER � � 198G-1
0 10 20 30 40 50
PERCENT OF TOTAL
EXPENDITURES
Most of the expenditures for this fiscal year have been
budgeted in the construction function for the Water District
which operates a large capital improvement program for both
the water utility and flood control program.
-30-
Santa Clara Valley Water District
Fiscal Year 1990 - 1991
Expenditures by Function
Operations 19.6%
...........::::::.......... Governmental 1.3%
.................................::::
...........................................
..................................................
........................................................
............................................................
...............................................................
.................................................................
..................................................................
..................................................................
...................................................................
...................................................................
...................................................................
..................................................................
Maintenance 8.1%
Administration 2.8%
Construction 61.4%
Santa Clara Valley Water District
Fiscal Year 1990 - 1991
Expenditures by Program
Flood coovoi 49.2%
District 2.6%
Water Utility 48.2w,
FLOOD CONTROL CONSTRUCTION PROGRAM
The Water District's construction program in the flood
control area alone has been the largest in the State since 1981
in terms of additions to fixed assets.
i
i
i
I
-33-
FLOOD CONTROL CONSTRUCTION
IN CALIFORNIA 1981 TO 1989
SCVWD FLOOD CONTROL FLOOD CONTROL
ADDITIONS TO FIXED ASSETS ADDITIONS TO FIXED ASSETS
FISCAL YEAR DISTRICT
81 SCVWD led the Mate SANTA CLARA =�
82 LOS ANGELE3
83 7 out of the
84 last 9 years. FRESNO -- -
85 ORANGE
I 88 RIVERSIDE
SCVWD increased
88 VENTURA 1 flood control assets
1 8 ALAMEDA more than other district
89
0 b 10 16 20 25 30 0 20 40 80 80 100 120 140
$ MILLIONS $ MILLIONS
ADD TO FIXED ASSETS ADD TO FIXED ASSETS
LAND, STRUCTURES&IMPROVEMENTS LAND,STRUCTURES&IMPROVEMENTS
FIVE YEAR REVENUE PATTERN
A more detailed review of Water District revenue patterns
over the past five years indicates that:
Property taxes have risen slightly.
Flood control assessments revenues were doubled in
1987.
Treated water charges have produced the greatest
increase in revenues for the water utility.
Groundwater charges have not increased revenues.
Bonds were utilized in 1986 and since then NPC
financing (CUP) has also been utilized.
Government reimbursements have been increasing.
Interest revenues have declined.
-35-
FIVE YEAR REVENUE PATTERNS
SANTA CLARA VALLEY WATER DISTRICT
$ MILLIONS
PROPERTY TAX
F.C. ASSESSMENT -
TREATED WATER CHRG =_--�--3 gp
GROUND WATER GHRG � 89
- -- - - � 88
NPC/BONDS
E-1 87
GOVT REIMBURSEMENT [_] gg
INTEREST
OTHER
0 5 10 15 20 25 30 35 i
MAJOR REVENUE SOURCES 1986 TO 1990
VI. CONCLUSIONS
The legal-political setting:
"While elective local governments in most other parts of the
world are one-layer multipurpose governments integrated in
a hierarchy of levels (state or province and central or
federal), in the United States there are four different layers
of overlying local governments in one urban area: county
g � P
governments, municipal governments, school boards and
elective boards of special districts."
Politics of Land, 1973
Sa
nta Clara Co
unty has about 110 localentities
in the county
which is about average for all counties in the State of
California. However, Santa Clara County is very low in
special districts as compared to most large urban and
agricultural counties.
-37-
LOCAL GOVERNMENT ENTITIES
IN CALIFORNIA COUNTIES
NUMBER OF ENTITIES
1 TO 25
26 TO 50
51 TO 75
76 TO 100
101 TO 125
w
126 TO 150
4° 151 TO 175
176 TO 200
201 TO 225
226 TO 250
251 TO 275
276 TO 300
301 TO 325 , _ _ _ �_ _ 1 _ _,
• LOS ANCiELES 659
0 2 4 6 8 10 12 14 16
COUNTIES IN CATEGORY
CITIES, SCHOOL & SPECIAL DISTRICTS
i
Special districts in California are about one fourth of the
financial picture at the local level not counting school
i
districts.
Enterprise special districts are by definition designed to
i
i
provide facilities and services to be paid by user charges.
-39-
LOCAL GOVERNMENT
FINANCIAL PROFILE
SPECIAL DISTRICTS 22%
---,,,,SPECIAL DISTRICTS 25% 10.6
COUNTIES 42% 12,9
22.2
CITIES 33%
o % � 4 16.5
//�� COUNTIES 5% �
22.2
CITIES 33%
17.4
REVENUES BUDGETED
APPROPRIATIONS
87-88 -CITIES AND SPECIAL DISTRICTS
88-89 -COUNTIES
Comparing non-enterprise special districts' revenue sources
with those of other local government entities shows that
special districts are more like cities than they are like
counties or schools.
i
-41-
SPECIAL DISTRICT REVENUES ARE MORE LIKE CITIES
THAN COUNTIES OR SCHOOLS
COMPARISON OF REVENUE SOURCES FOR LOCAL GOVERNMENTS
OTHER OTHER
OTHER
OTHER SERVICE CHFG 16% 8% 1Q�
Eg, -
TAXES
TAXES TAXES 19% SERVICE CH
31% 34% � / TAXES � 34%
SERVICE CH / /
/ INTERGOV'T 38% / 41%
N 67% / INTERGOV'T
INTERGOV'T 73% INTERGOWT
12% 11%
COUNTIES CITIES SCHOOLS K-12 SPECIA_ DISTRICTS
'987-88 1CG87-88 1988-89 1987-88
I
ESTIMATED REVENUES BY SOURCE
I
i
Since passage of Prop. 13, many non-enterprise activities
have had tax support decline then level off as a lower
proportion of their revenues. Fees, assessments and charges
for current services have been utilized by special districts to
cover costs and make up for losses in government aid from
the federal and state levels.
This has expanded the number of special districts that act
like enterprise activities.
In 1988-89 only cemetery, fire, lighting, memorial, pest
control and recreation and parks relied on property tax
contributions for over forty percent of their revenues.
-43-
PROPERTY TAX CONTRIBUTION
TO SPECIAL DISTRICT REVENUES
TYPE OF DISTRICT
AIR POLLUTION
AMBULANCE
CEMETARY
DRAINAGE
FIRE
FLOOD CONTROL
HEALTH
RECLAMATION
LIBRARY
F LOCAL PLANNING
� M PAR KING
PEST CONTROL
POLICE
RECREATION & PARKS
SOIL CONSERVATION
STREETS
TELEVISION
WASTE DISPOSAL
ANIMAL CONTROL
SELF INSURANCE
GOVERNMENT SVCS
0 20 40 60 80 100
PERCENT OF REVENUES
CALIFORNIA 1988-9
I
p►en Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-76
(Meeting 91-19
June 26, 1991)
REPORT
June 17, 1991
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Adoption of Benefit Revisions in District' s Fringe
Benefit Plan for Non-Represented Employees
Recommended Actions:
1. Set, effective July 1, 1991, the base single medical premium
coverage rate at $154.13 per month and the base family
medical premium coverage rate at $354 . 41 for the District ' s
non-represented employees.
2. Authorize payment of any additional rate increase amount
above contribution levels currently paid by any non-repre-
sented employee from July 1, 1991 through September 30,
1991.
3. Amend the Board-adopted District Fring
e Benefit P Plan policy
g
P Y
to include basic vision care coverage.
Discussion•
The District's Fringe Benefit Plan requires that the Board set
annually the base single premium rate and the base family premium
rate for basic medical insurance coverage for General Manager
appointees. Exhibit A, entitled District Fringe Benefit Plan,
shows the July 1990 to June 1991 and the July 1991 to June 1992
premiums for the District ' s medical plans.
I recommend that the July 1991 to June 1992 base single rate be
set at $154.13 per month and the base family premium rate be set
at $354.41 per month for the District' s non-represented employ-
ees . These rates are consistent with Board policy and previous
Board implementation of policy. This single base rate would
cover the entire cost of the Kaiser and Takecare premiums . The
base family rate would cover the entire cost of the Kaiser plan
for a family.
R-91-76 Page two
I am again recommending that the District pay the increase in a
current employee' s current medical contribution for the period
from July 1 through September 30. The month of September contin-
ues to be the open enrollment window for employees to change
health plans . Payment of any medical premium increases through
September for the District' s non-represented employees would be
consistent with the recent contract approved for the District ' s
represented employees .
A vision care plan was implemented in mid-April for the Dis-
trict' s non-represented employees to coincide with the implemen-
tation for the rangers, open space technicians, and mechanic
equipment operator. The District Fringe Benefit Plan policy,
adopted by the Board of Directors on July 8 , 1987 , requires
modification to incorporate the vision care provision and to
state the premium is to be paid by the District.
Your Budget Committee reviewed the new medical premiums and base
premium rates on June 3, 1991 and concurred with my recommenda-
tions. Staff met with the District' s non-represented employees
on June 13 to review and discuss the proposed 1991-1992 base
rates.
DISTRICT FRINGE BENEFIT PLAN
EXHIBIT
8I A
----------------------------
MEDICAL PLANS
-------------
July 1990-June 1991 July 1991-June 1992 Percentage
Monthly Annually Monthly Annually Increase
SantaClara County (----------------------------------------------------------------------------------------(
Preferred 100 Plan I ( 11
Single (2)* I $225.70 I $2,708 ji 302.53 1 $3,630 j 34.0% I
Family (3) I $378.35 I $4,540 11 508.56 $6,103 1 34.4%
I
Kaiser i-----------------�j-----------
-----------------j1------------------'--------------Ii
Single (9) I $124.41 I $1,493 11 145.89 I $1,751 ( 17.3% I
Family (3) ( $303.97 ( $3,648 II 354.41 I $4,253 I 16.6% I
I i II I 1 I
Takeca re I-----------------I-----------------11-----------------I------------------I--------------
i 1 II I I I
Single (14) I $133.63 1 $1,604 $154.13 ( $1,850 j 15.3% j
Family (10) ( $325.92 $3,911 jj $364.41 $4,373 ( 11.8% I
I I I! I 1
I----------------------------------------------------------------------------------------I
* Figure in parentheses indicates
the number of General Manager appointees
enrolled in each plan as of May 1, 1991.
BASE SINGLE PREMIUM RATE FOR JULY 1990-JUNE 1991: $133.63
BASE FAMILY PREMIUM RATE FOR JULY 1990-JUNE 1991: $303.97
RECOMMENDED BASE SINGLE PREMIUM RATE FOR JULY 1991-JUNE 1992: $ 1 5 4.1 3
RECOMMENDED BASE FAMILY PREMIUM RATE FOR JULY 1991-JUNE 1992: $ T 54_41--,
DENTAL PLAN Premium for July 1991-June 1992 is $53.90 monthly. (7.5% increase)
The July 1990-June 1991 monthly premium was $50.14.
100% of premium to be paid by MROSD.
Adopted by Board of Directors
July 8, 1987
DISTRICT FRINGE BENEFIT PLAN
---Eff , each regular full-time District employee shall be entitled to receive the
following fringe benefits:
Basic Medical Insurance Coverage
Choice of plans provided by the District. The District will provide basic medical insurance
coverage for all employees and dependents at the District's expense;the Board of Directors
shall set a base single premium rate and a base family premium rate for medical plan coverage
each year as part of the budget approval process.
If the premiums for the medical plan selected by the employee exceed the base premium rates
adopted by the Board,the employee shall be responsible for paying the difference in the cost
of the premiums through bi-weekly payroll deductions.
i
If an employee can prove that he or she is currently covered under a private or a spouse's
medical plan, basically equivalent to that provided by the District, the employee is eligible to
apply one-half of the base single medical premium amount, as approved by the Board of
Directors, to 1) optional benefit costs and premiums and 2) the District's deferred
compensation program in his or her name.
Basic Dental Coverage
Choice of plan(s) provided by the District. The District will provide basic dental insurance
coverage for all employees and their dependents,and the base premium, as approved by the
Board of Directors ,will be paid by the District.
If an employee can prove that he or she is currently covered under a private or a spouse's
dental plan, basically equivalent to that provided by the District, the employee is eligible to
apply one-half of the base dental premium amount, as approved by the Board of Directors,to
1)optional benefit costs and premiums and 2}the District's deferred compensation program
in his or her name.
Vision Care
NEW Choice of plan provided by the District. The District will provide basic vision care coverage for
all employees and their dependents, and the base premium, as approved by the Board of
Directors,will be paid by the District.
Basic Life Insurance
Choice of plan(s)provided by the District and premiums to be paid by the District.
Optional Benefits
Choice of optional benefits to be provided by the District. Related costs and premiums to be
paid by the employee. Effective October 1 , 1987,the District's optional benefits shall include
supplemental life insurance, long-term disability insurance, and accidental death and
dismemberment insurance.
Medical, dental, and basic life insurance benefits for regular part-time (one-half time or greater)
employees shall be administered on a pro-rata basis.
The District's fringe benefit plan shall be administered by the General Manager or his designee.
The District's Board of Directors maintains the right, as governing authority, to modify the fringe
benefit plan at any time. Proposed changes shall be subject to review and comment by District
employees prior to Board adoption.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-77
(Meeting 91-19
June 26 , 1991 )
REPORT
June 17 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Catastrophic Leave Program
Recommended Action:
Adopt the attached Catastrophic Leave Program for all District employees .
Discussion: A District-wide Catastrophic Leave Program is attached for
your review and approval . The program is designed to assist a District
employee who has exhausted paid time credits due to a serious , catastrophic
or debilitating illness , injury or condition. The program allows other
District employees to make grants of time to the employee so that he/she
can remain in paid status for a longer period of time , thus partially
reducing the impact of the illness, injury or condition .
As part of the recent contract negotiations with S .E. I .U. Local 715 , the
District agreed via a sideletter to implement a Catastrophic Leave Program,
tailored after San Mateo County' s program, by July 1 , 1991 . The District ' s
non-represented employees had also expressed an interest in establishing
such a program. Local 715 approved the proposed program as presented, on
June 13 , 1991 , and all non-represented District employees were given the
opportunity to comment on the proposed plan. Four employees felt that
donating employees should be eligible to receive their donated time back if
it is unused or not needed by the receiving employee. This feature is not
included in the recommended plan.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Catastrophic Leave Program
Purpose
The Catastrophic Leave Program is designed to assist District employees
(called receiving employees) who have exhausted paid time credits due to a
serious, catastrophic or debilitating illness, injury or condition of the
employee. This program allows other District employees (called donating
employees) to make grants of time to that employee so that he/she can remain
in a paid status for a longer period of time, thus partially reducing the
financial impact of the illness, injury or condition. The grants of time
donated to the receiving employee are converted to sick leave for use by the
receiving employee.
CONDITIONS FOR RECEIVING EMPLOYEES
There are four criteria for eligibility as a receiving employee. The
receiving employee must :
1 . Be a regular full- or part-time District employee;
2. Exhaust all available paid leave time, including sick leave,
vacation, personal leave, holiday or holiday bank time, and
compensatory time off;
3 . Have a sustained, serious or debilitating illness, injury or
condition which may need to be verified by a doctor ' s report;
4 . Be prevented from returning to work for at last 30 days and have
applied for a disability leave of absence without pay.
To apply to be a receiving employee under the Catastrophic Leave Program, an
employee completes an Application for Catastrophic Leave.. The application is
submitted to the Administrative Services Manager for approval .
An employee may be asked to submit supporting medical documentation (i .e. , a
statement from his/her doctor) with the application. Approval or rejection
for participation must be made by the Administrative Services Manager within
two weeks after the completed application is submitted. An employee may be
asked to verify his/her status for continuing eligibility for the program.
If an employee ' s application is approved to be a receiving employee, the
Administrative Services Manager will meet with the employee or his/her family
members to determine the degree to which the employee ' s catastrophic illness ,
injury, or condition is to be kept confidential .
The Administrative Services Manager will distribute a Donation of Accrued
Time Credits form to all full-time and part-time District employees so they
can specify donations they wish to make to the receiving employee.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Benefits available to a receiving employee participating in the program will
be treated as though the additional sick leave credited to him/her belongs to
him/her. For as long as a receiving employee remains in a paid status,
seniority, sick leave and vacation accrual and all benefits will continue as
though the sick leave were his or hers.
The total credits received by the employee shall normally not exceed three
months; however, if approved by the General Manager, the total leave credits
received may be up to a maximum of six months.
CONDITIONS FOR DONATING EMPLOYEES
Donations must be made to a specific person on a form signed by the donating
employee and submitted to the Administrative Services Manager. All donation
information will be considered confidential . A donating employee can, if
he/she chooses, inform the receiving employee of the donation made.
Employees may donate the following types of accrued time credits :
° vacation time
• personal paid leave time
° holiday bank time
compensatory time off (non-exempt employees)
sick leave -- one hour of accrued sick leave may be donated for every three
hours of other types of accrued leave time
Donations must be made in one hour increments . There is no limitation on the
number of hours that may be donated. The donations will be converted to sick
leave time and credited to the receiving employee' s sick leave time balance
on an hour-for-hour basis . The pay the receiving employee receives will be
at his/her own rate of pay.
Under any circumstance, donations, once made, are forfeited forever by the
donating employee. If the receiving employee returns to work, any time the
donating employee (s) has contributed will remain with the receiving employee
and not revert to the donating employee (s) .
In order to donate, a Donation of Accrued Time Credits form must be submitted
to the Administrative Services Manager for processing.
Open Space A
............
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CONFIDENTIAL
APPLICATION
CATASTROPHIC LEAVE PROGRAM
Name:
El I am a full- or part-time regular District employee;
F-1 I have sustained a serious or debilitating illness , injury or condition
El I have exhausted all paid time off or will do so by
D I will be unable to work for 30 days and have applied for a leave of
absence without pay for medical reasons .
I, request to participate in the District ' s
Catastrophic Leave Program. I am making this request be6-ause I have a
serious illness or condition. (Please describe the qualifying condition
below. If necessary, as requested by the Administrative Services Manager,
please supply medical verification of the condition described below. )
Signed: Date:
---------------------------------------------------------------------------
F-1 Approved F-1 Denied Date:
Administrative Services Manager
Reason for Denial :
Open Space
CONFIDENTIAL MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DONATION OF ACCRUED TIME CREDITS
CATASTROPHIC LEAVE PROGRAM
Donating Employee ' s Name:
Name of Employee to Whom
You Are Donating Credits:
Please check below the type of accrued time you are giving and the number of
hours you are giving:
0 Vacation: Number of hours :
ED Personal Leave Time: Number of hours :
❑ Holiday Bank Time: Number of hours:
El Compensatory Time Off (non-exempt employees) Number of hours :
El Sick Leave: (You may contribute 1 hour for every 3 hours of other types
of leave) : Number of hours:
I understand that once I have given this accrued time to the receiving
employee that I will not, under any circumstance, be permitted to receive
this time back. My signature below constitutes my authorization to deduct
the above time from my records and credit them to the employee identified
above.
Signature: Date:
Upon completion, please forward this donation form directly to the
Administrative Services Manager for processing.
Open space
----------------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-62
(Meeting 91-19
June 26, 1991
REPORT
June 18 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager and
J. Fiddes, District Clerk
SUBJECT: Amendments to Rules of Procedure
Recommended Actions:
1) Adopt the accompanying Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Amending Section 1 . 45 of
Rules of Procedure
2) Adopt the accompanying Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Amending Section 2. 60 of
Rules of Procedure
Discussion•
Section 1 . 45 - Written Communications
In February, 1989 you amended your Rules of Procedure to designate the
Wednesday preceding a Board meeting, rather than the Thursday, as the
deadline for receipt and inclusion in the packet of a written communication
not related to an item on the agenda (see report R-89-32 dated February 2,
1989) . Section 1 . 45 of the Rules of Procedure currently states in part:
"All written communications, unless they related to an item on
the agenda, must be received no later than 5: 00 P.M. on the
Wednesday preceding a Board meeting in order to be distributed
with the agenda and supporting materials and considered by the
Board at the forthcoming meeting. "
The system of attaching a staff-prepared draft reply to a written
communication not related to an item on the agenda is designed to
facilitate your review of the correspondence, as well as your pre-meeting
review of the proposed response. The 5:00 P.M. receipt deadline on the
Wednesday preceding a Board meeting, though significantly better than the
previous Thursday deadline, continues to present timing difficulties to
staff in terms of preparing draft replies for inclusion in the packet.
I recommend that the Wednesday receipt deadline for all written
communications that do not relate to an item on the agenda be changed to
Tuesday. The primary reason for the proposed change is to allow staff
additional time to prepare draft replies for written communications for
inclusion with your packet material .
R-91-62 Page 2
I feel that it is often important to include a draft response, since
written communications may contain misinformation that needs immediate
correction when the letter is read by the Board, press , or public. A draft
response also contributes to efficient disposition of matters addressed in
a letter.
I also propose for Board consideration that the following language be added
to Section 1 . 45:
If , in the opinion of the General Manager, a written
communication should not be distributed with the agenda
and supporting material without a draft response, which
has yet to be prepared, the written communication may
be distributed later, but no later than at the
forthcoming Board meeting.
This language provides staff with flexibility to deal with exceptional
situations , such as a written communication response requiring extensive
research or a different packet mailing schedule due to a Friday holiday.
In such case, the written communication and proposed draft response would
not be mailed with the packet material for the forthcoming Board meeting,
but would be presented for your review at the meeting itself. If you are
not comfortable with this language, it could be modified or deleted from
the attached resolution.
Section 2.60 - Certificates of Acceptance
At your meeting of November 8 , 1989, you amended your Rules of Procedure by
adopting Resolution 89-51 to enable the general manager to accept the
acquisition of minor interests in and easements upon land (report R-89-153
dated October 31 , 1989) . It was not suggested at that time that the
general manager be authorized to accept full fee title to any parcel of
land no matter how minor because your policy is for the Board to consider
acquisitions in a public meeting prior to actual purchase, except in the
most unusual circumstance. In order to provide protection of District
interests , the normal procedure is for staff to obtain an option on
property to be considered for acquisition so that publicly announcing a
proposed acquisition by means of a published agenda would ordinarily not
jeopardize an intended land purchase.
Staff has always been concerned about acquisitions that would have to come
to the Board first, where any member of the public, agenda subscriber or
not, might be able to interfere with a District intended purchase. There
are several types of transactions that would ordinarily come before you
without the security of a prior option. These transactions might include:
1) an option requiring a significant option payment that is more than the
$25, 000 general purchase authorization for the general manager;
2) purchase of lands from other• governmental agencies; 3) foreclosure,
trustee or estate sales , or auctions; 4) transactions where the owner
insists that the District execute the purchase agreements first, without
benefit of an option; and 5) tax defaulted purchases . In the current
proposal , any transactions in these categories that exceed a $25, 000
payment would still require prior Board authorization in either open or
closed session. However, in the case where a property is valued at less
than $25, 000, the general manager could determine that it was in the
District ' s best interest to acquire the property directly, without prior
Board authorization. Such authority would only need to be exercised when a
property might be lost if such action was not taken.
R-91-62 Page 3
Therefore, I recommend that you adopt a new policy for properties valued at
$25, 000 or less, where the general manager determines that the District
might lose the potential acquisition and there is insufficient time to
notify the Board ahead of time. In such case, the general manager would be
able to proceed with such acquisition with adoption by the Board of the use
and management plan in public session after close of the transaction. This
procedure would be accomplished by amending Section 2. 60 of your Rules of
Procedure regarding Certificates of Acceptance to include a provision for
general manager approval of fee acquisitions under certain circumstances.
Several safeguards would be built into this additional procedure:
a) The general manager finds that the acquisition of such low-value
real property is consistent with District policy; and
b) The general manager finds that the District is unable to obtain a
binding option on the property to secure it pending Board
approval of the acquisition at a public Board meeting and that
without this security completion. of the acquisition might be
jeopardized; and
c) The cost does not exceed the general manager' s authority as
provided in Section 5549 (b) of the Public Resources Code and as
approved by the Board of Directors from time to time; and
d) After close of the transaction, the general manager will cause a
public report to appear on a Board agenda within a reasonable
period of time for approval of the preliminary use and management
plan.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING
SECTION 1 . 45 OF THE RULES OF PROCEDURE
Paragraph 2 of Section 1 .45 of the Rules of Procedure of the Board of
Directors of the Midpeninsula Regional Open Space District is hereby
amended to read as follows:
All written communications, unless they relate to an item on the
agenda, must be received no later than 5:00 P.M. on the Tuesday
preceding a Board meeting in order to be distributed with the
agenda and supporting materials and considered by the Board at
the forthcoming meeting. If, in the opinion of the General
Manager, a written communication should not be distributed with
the agenda and supporting materials without a draft response,
which has yet to be prepared, the written communication may be
distributed later, but no later than at the forthcoming Board
meeting. Written communications not directly related to an item
on the agenda received after the 5:00 P.M. Tuesday deadline may
be distributed with the agenda and supporting materials and
considered by the Board at the forthcoming meeting if , in the
opinion of the General Manager, time is of the essence for
consideration of the written communication by the Board. Written
communications directly related to an item on the agenda will be
accepted for distribution up to 3:00 P .M. on the day of the
meeting. Written communications directly related to an item on
the agenda but received after 3:00 P.M. on the day of a meeting
must be accompanied by thirty copies for distribution in order to
be considered by the Board as written communications at the
meeting.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING
SECTION 2.60 OF THE RULES OF PROCEDURE
Section 2 . 60 of the Rules of Procedure of the Board of Directors of the
Midpeninsula Regional open Space District is hereby amended to read as
follows:
Certificates of Acceptance. In accordance with Government Code Section
27281 , Certificates of Acceptance for deeds or grants conveying any
interest in or easement upon real estate to the District for public
purposes shall be executed as follows:
(1) The President of the Board of Directors or other appropriate officer
is hereby authorized to consent and accept on behalf of the
Midpeninsula Regional Open Space District deeds or grants conveying
any interest in or easement upon real property to the District for
public purposes and to execute a Certificate of Acceptance as evidence
thereof as required by law; or
(2) The General Manager is hereby authorized to approve the acquisition of
a minor interest in or easement upon real property and accept on
behalf of the Midpeninsula Regional Open Space District deeds or
grants conveying any such minor interest in or easement upon real
property to the District for public purposes and to execute a
Certificate of Acceptance as evidence thereof as required by law,
subject to the following:
a) The General Manager finds that the acquisition of such minor
interest in or easement upon real property is consistent with
District policy; and
b) The cost does not exceed the General Manager ' s authority as
provided in Section 5549 (b) of the Public Resources Code and as
approved by the Board of Directors from time to time; and
c) The General Manager informs the Board of Directors of the action
or proposed action within a reasonable period of time; or
(3) The General Manager is hereby authorized to approve the acquisition of
low-value fee interests of real property and accept on behalf of the
Midpeninsula Regional Open Space District deeds or grants conveying
any fee title interest to the District for public purposes and to
execute a Certificate of Acceptance as evidence thereof as required by
law, subject to the following:
a) The General Manager finds that the acquisition of such low-value
real property is consistent with District policy; and
b) The General Manager finds that the District is unable to obtain a
binding option on the property to secure it pending Board
approval of the acquisition at a public Board meeting and that
without this security completion of the acquisition might be
jeopardized; and
c) The cost does not exceed the General Manager ' s authority as
provided in Section 5549 (b) of the Public Resources Code and as
approved by the Board of Directors from time to time; and
d) After close of the transaction, the General Manager will cause a
public report to appear on a Board agenda within a reasonable
period of time for approval of the preliminary use and management
plan.
Be it further resolved that this Resolution supersedes Resolution 89-51 ,
adopted by the Board of Directors of the Midpeninsula Regional Open Space
District on November 8 , 1989.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-71
(Meeting 91-19
June 26, 1991)
REPORT
June 14, 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY & PREPARATION: C. Britton, Acting Land Manager; C.
Bruins, Administrative Assistant
SUBJECT: Final Adoption of the Preliminary Use and Management Plan
for the Johnson Property Addition to Purisima Creek
Redwoods Open Space Preserve
Recommended Action:
1. Adopt the Preliminary Use and Management Plan for the Johnson
property addition to Purisima Creek Redwoods Open Space
Preserve, including the naming, as contained in report R-90-
83 .
2. Indicate your intention to dedicate the property as public
open space.
Discussion: At your July 9, 1990 meeting, you approved the
acquisition of the .34-acre Johnson property addition to Purisima
Creek Open Space Preserve (see report R-90-83 dated July 9, 1990) .
You also tentatively adopted the Preliminary Use and Management
Plan for the addition, including naming the property as an addition
to Purisima Creek Redwoods Open Space Preserve, and indicated your
intention to dedicate the property as public open space.
In accordance with your adopted Land Acquisition Notification
Procedures, final adoption of the Preliminary Use and Management
Plan was deferred until after close of escrow to allow further time
for public comment. Escrow on the property closed on June 12,
1991. Staff has received no further public comment.
201 San Antonio Circle, Suite C-135 • Mountain View, California 94040 ® Phone: (415) 949-5500 - FAX: (415) 949-5679
Ceneral Manager:Herbert Crench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-72
(Meeting 91-19
June 26, 1991)
REPORT
June 17, 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY & PREPARATION: C. Britton, Acting Land Manager; C.
Bruins, Administrative Assistant
SUBJECT: Final Adoption of the Preliminary Use and Management Plan
for the Peninsula Open Space Trust Property Addition to
the Cathedral Oaks Area of Sierra Azul Open Space
Preserve
Recommended Action:
1. Adopt the Preliminary Use and Management Plan for the POST
(former Menuhin) property addition to the Cathedral Oaks Area
of Sierra Azul Open Space Preserve, including the naming, as
contained in report R-91-55.
2. Indicate your intention to dedicate the property as public
open space.
Discussion: At your May 8, 1991 meeting, you approved the
acquisition of the 23-acre POST property addition to the Cathedral
Oaks Area of Sierra Azul Open Space Preserve (see report R-91-55
dated April 23, 1991) . You also tentatively adopted the
Preliminary Use and Management Plan for the addition, including
naming the property as an addition to Sierra Azul Open Space
Preserve, and indicated your intention to dedicate the land as
public open space.
In accordance with your adopted Land Acquisition Notification
Procedures, final adoption of the Preliminary Use and Management
Plan was deferred until after close of escrow to allow further time
for public comment. Escrow on the property closed on May 31, 1991.
Staff has received no further public comment.
201 San Antonio Circle, Suite C-135 , Mountain View, California 94040 m Phone: (415) 949-5500 - FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-73
(Meeting 91-19
June 26, 1991)
REPORT
June 17, 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY & PREPARATION: C. Britton, Acting Land Manager; C.
Bruins, Administrative Assistant
SUBJECT: Final Adoption of the Preliminary Use and Management Plan
for the Gastronics Incorporated Property Addition to the
Mt. Umunhum Area of Sierra Azul Open Space Preserve
Recommended Action:
1. Adopt the Preliminary Use and Management Plan for the
Gastronics Incorporated property addition to the Mt. Umunhum
Area of Sierra Azul Open Space Preserve, including the naming,
as contained in report R-91-54.
2. Indicate your intention to withhold the property from
dedication as public open space at this time.
Discussion: At your May 8, 1991 meeting, you approved the
acquisition of the 160-acre Gastronics Incorporated property
addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve
(see report R-91-54 dated April 24, 1991) . You also tentatively
adopted the Preliminary Use and Management Plan for the addition,
including naming the property as an addition to Sierra Azul Open
Space Preserve, and indicated your intention to withhold the land
as public open space at this time.
In accordance with your adopted Land Acquisition Notification
Procedures, final adoption of the Preliminary Use and Management
Plan was deferred until after close of escrow to allow further time
for public comment. Escrow on the property closed on June 3, 1991.
Staff has received no further public comment.
201 San Antonio Circle, Suite C-135 - Mountain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679
Ceneral Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-74
(Meeting 91-19
June 26, 1991)
REPORT
June 17, 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY & PREPARATION: C. Britton, Acting Land Manager; C.
Bruins, Administrative Assistant
SUBJECT: Final Adoption of the Preliminary Use and Management Plan
for the Deka Associates Property Addition to Long Ridge
Open Space Preserve
Recommended Action:
1. Adopt the Preliminary Use and Management Plan for the Deka
Associates property addition to Long Ridge Open Space
Preserve, including the naming, as contained in report R-91-
50*
2. Indicate your intention to dedicate the property as public
open space.
Discussion: At your April 241, 1991 meeting, you approved the
acquisition of the 205-acre Deka Associates property addition to
Long Ridge Open Space Preserve (see report R-91-50 dated April 10,
1991) . You also tentatively adopted the Preliminary Use and
Management Plan for the addition, including naming the property as
an addition to Long Ridge Open Space Preserve, and indicated your
intention dedicate the land as public open space.
The former property owner was responsible for removing all debris
and items of personal property from the site by July 30, 1991.
Five thousand dollars was withheld in escrow to ensure that the
clean-up is done in a timely and satisfactory manner. The clean-up
was completed by the owner before the close of escrow. Staff
inspected the premises and the funds have been released.
In accordance with your adopted Land Acquisition Notification
Procedures, final adoption of the Preliminary Use and Management
Plan was deferred until after close of escrow to allow further time
for public comment. Escrow on the property closed on May 31, 1991.
Staff has received no further public comment.
201 San Antonio Circle, Suite C-135 , Mountain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-78
(Meeting 91-19
June 26, 1991)
REPORT
June 18 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
RESPONSIBILITY AND PREPARATION: C. Britton, Land Acquisition Manager
SUBJECT: Amendment to Legal Description for Proposed Ringo Property
Addition to the Sierra Azul Open Space Preserve
Recommended Action:
Adopt the accompanying Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Amending Legal Description
(Exhibit "A") as Attached to Resolution No. 90-03 (Sierra Azul Open Space
Preserve - Ringo Property)
Discussion•
At your meeting of January 24, 1990, you adopted Resolution No. 90-03
determining the public necessity for the proposed Ringo property
acquisition as an addition to the Sierra Azul Open Space Preserve (see
report R-90-13 dated January 10, 1990) . It was subsequently determined
that there was an error in the legal description attached as Exhibit "A"
to the resolution. In order to perfect documentation as a part of the
legal process, it is necessary for you to correct this error by amending
the original resolution.
The original resolution was adopted by you after a public hearing in
accordance with state law. Therefore, staff has been advised by Legal
Counsel to amend the Resolution of Necessity using the same procedure.
The claimed owners of the property have received notification of this
hearing by certified mail, although they have not officially requested the
opportunity to speak at the hearing as of the date of this report.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AMENDING LEGAL DESCRIPTION (EXHIBIT "A" ) AS
ATTACHED TO RESOLUTION NO. 90-03 (SIERRA AZUL
OPEN SPACE PRESERVE - RINGO PROPERTY)
WHEREAS, the Board of Directors of the Midpeninsula
Regional Open Space District passed and adopted that certain
Resolution No. 90-03 on January 24, 1990, Finding and Determining
That the Public Interest and Necessity Require the Acquisition of
Certain Properties for Public Use, To Wit, For Public Park,
Recreation and Open Space Purposes, Describing the Properties
Necessary Therefore and Authorizing and Directing Its Retained
Legal Counsel To Do Everything Necessary to Acquire All Interests
Therein (Sierra Azul Open Space Preserve - Ringo Property) , and
WHEREAS, it was subsequently discovered that the legal
description which was attached to said Resolution as Exhibit "A"
is in error.
NOW THEREFORE, BE IT RESOLVED that the Board of
Directors of the Midpeninsula Regional Open Space District does
hereby amend Resolution No. 90-03, dated January 24, 1990 , to
replace the legal description contained therein with Exhibit "A"
as attached hereto and incorporated herein by this reference; and
BE IT FURTHER RESOLVED that the Board of Directors of
the Midpeninsula Regional Open Space District does hereby ratify
and confirm said Resolution No. 90-03 in all other respects .
"EXHIBIT A"
All that certain real property located in the County of Santa
Clara, State of California; further described as follows :
Parcel One•
The Southwest % of the Northwest X of Section 9, Township 9
South, Range 1 East, Mount Diablo Baseline and Meridian.
Parcel Two•
A non-exclusive easement ten feet in width for the installation
and maintenance of a water line and related equipment and for the
incidental rights of maintenance, repair, and replacement of said
water line and related equipment (the obligation for which shall
be on grantees) . The easement shall be located along the west
property line of the Northwest X of Township 9 South, Range 1
East, Mount Diablo Baseline and Meridian.
Parcel Three•
Together with those certain water rights as set forth in that
certain Grant Deed by and between Joan Lee Sharp, and Frank and
Rita Freitas , husband and wife, as community property, recorded
on May 8 , 1984 in Book 1521 of Official Records, Page 276 .
APN 562-22-032
Open Space
5 -we
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-91-75
(Meeting 91-19
June 26 , 1991)
REPORT
June 17 , 1991
TO: Board of Directors
FROM: H. Grench, General Manager
SUBJECT: Scheduling of July 9 Special Meeting
Recommended Action:
Schedule a Special Meeting for Tuesday, July 9 , 1991 beginning at 6 : 30 P.M.
at Romic Chemical Corporation, 2081 Bay Road, East Palo Alto. The purpose
of the meeting is to tour Romic ' s chemical recycling facility, learn about
its operations and impacts on the District ' s adjacent Ravenswood Open Space
Preserve, and to tour portions of the preserve.
Discussion: At your May 22 meeting, Rhonda Rigenhaven, Community Relations
Manager for Romic Chemical Corporation , invited the Board to tour Romic' s
facility. The tour is now scheduled for 6 : 30 P.M. on Tuesday, July 9. A
map is reproduced on the back showing directions to Romic Chemical
Corporation.
In July 1990 , you approved a Permit-to-Enter for Romic Chemical Corporation
to install a monitoring well at Ravenswood Open Space Preserve . The
purpose of the well was to obtain samples as required by the U. S.
Environmental Protection Agency (see report R-90-79 dated July 5, 1990) .
Romic Chemical is seeking to amend the current permit to allow the
installation of additional monitoring wells .
i
C7
Bay Road
II Y r0-
ro
L
}
hfgh
day ror
Open Space
a
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: H. Grench, General Manager
DATE: June 26, 1991
SUBJECT: F. Y. I .
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 19, 1991
i
Maria Bautista
California History Center
De Anza College
21250 Stevens Creek Boulevard
Cupertino, CA 95014
Dear Ms. Bautista:
Thank you for your May 21, 1991 letter regarding the California History Center's upcoming
exhibit. The District would be pleased to participate in the exhibit. I understand that Carleen
Bruins, the District's administrative assistant, attended the meeting at the history center on June
13. Although we cannot make a financial contribution, we can offer a tour of the Picchetti
winery and the Fremont Older house as you suggested at the meeting.
Please contact Carleen Bruins when you are ready to arrange the tours, or if you need
information about the District's historic sites. We are looking forward to working with you on
this project.
4fS' rely,
Cr g Britton
Assistant General Manager
i
cc: Board of Directors
Herb Grench
201 San Antonio Circle, Suite C-135 - Mountain View, California 94040 - Phone: (415) 949-5500 • FAX: (415) 949-5679
Genera(Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
Open Space
.................
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 17, 1991
Mr. and Mrs. Robert Nellis
Regnart Road Homeowner's Association
22322 Regnart Road
Cupertino, CA 95014
Subject: Fremont Older Open Space Preserve - Private Trail
Encroachment
Dear Mr. and Mrs. Nellis:
This letter is regarding the recent construction of a private trail
on Fremont Older Open Space Preserve. The trail connects private
open space lands owned by Regnart Road Homeowner's Association to
an existing public trail on the preserve. A portion of the new
trail was constructed on District land without permission or
approval by our Board of Directors. This constitutes a violation
of the following sections of District Ordinance 83-1:
Sec. 603 .2 Entering any lands, whether unenclosed or enclosed
by fence, for the purpose of injuring any property
or property rights or with the intention of
interferring with, obstructing, or injuring any
lawful business or occupation carried on by the
owner of such land, his/her agent or by the person
in lawful possession.
Sec. 803 . 1 Plants. No person shall damage, injure, collect,
or remove any plant or tree or portion thereof,
whether living or dead, including but not limited
to flowers, mushrooms, bushes, vines, grass, turf,
cones and dead wood located on District lands.
In our letter of December 20, 1990 (copy attached) , we outlined the
process for granting permission to build a trail on District
property. We have received no response from you. As stated in the
letter, proposed trails must be addressed in the Comprehensive Use
and Management Plan for each preserve. These plans are reviewed
periodically by the District's Board of Directors. Implementation
of the plans cannot occur without Board approval. This includes
all new trail construction. Because this trail has been illegally
built on District land, it cannot be opened for use until it is
approved by the Board and properly constructed.
The Fremont Older Use and Management Plan was reviewed and approved
by the Board in November 1990.,- Since the next plan review will not
be scheduled for several years, a written request for an amendment
201 San Antonio Circle, Suite C-135 - Mountain View, California 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679
General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley
to the plan will be necessary if you wish to pursue neighborhood
access into the preserve. Please address your proposal to the
District's Board of Directors with a copy to me.
You have until June 28th to initiate this planning process. If you
do not comply with this request, District rangers will be directed
to close the illegal trail. It will remain closed while the staff
and Board consider the proposed use. Assuming this use is
approved, a realignment of the trail may be necessary to meet
District standards.
We will contact you as soon as we receive your written proposal.
Si erely y�o"c'L.L r
KS-1119 Britton
Acting Land Manager
cc: Board of Directors
Herb Grench, General Manager
Stan Norton, Legal Counsel
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 20-, --1990t-
Mr. and Mrs . Robert Nellis
22322 Regnart Road
Cupertino, California 95014
i
Dear Mr. and Mrs. Nellis ,
I
District staff has reviewed your telephone request to construct a
neighborhood access trail from property owned by the Regnart Road
Homeowner' s Association to the existing trail system located on
the Fremont Older Open Space Preserve . It is recommended that
this request be submitted in writing to our Board of Directors as
a proposed amendment to the Use and Management Plan for Fremont
Older.
Requests of this nature, as a matter of policy, are considered
within the context of a comprehensive use and management plan.
New trails constructed on a preserve are categorized as a
significant change in land use which requires approval by the
Board of Directors .
Staff has investigated the" Teaj'`dd aI3:gnm-e-nt"`antt
over the steepness of the trail . If you are to proceed we will
require a realignment
li nment that meets District standards . Assuming
such an alignment is desirable from your viewpoint, then we can
'n a n amendme
nt to the Use and Managment
with pr
eparing arl _
proceed wz p p g i
Plan. This will have to be scheduled on a future Board agenda.
In addition, an agreement may be necessary to spell out signing
and management responsibilities for the trail.
Unfortunately, this process could have been expedited if the
proposal had been presented to the Board and staff when you spoke
at the recent public review of the preserve Use and Management
a ent review
Plan. Becau
se of a rather busy use and man gem schedule , we may not be able to submit an amendment for a few
months .
You and your neighbors should know that any further brush
clearing of District land will be considered a violation of
public ordinances. Upon notification from you, we will continue
workingthrough hrou h our Board of Directors .
to re
solve
ve this issue
Sincerely
rr yours ,
!f �
1,
avid Hansen, Land Manager
cc: Katherine Duffy
201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 Phone:(415)949-5500 FAX:(415)949-5679
J U N 1 1991
Valerie Kobal
Creeks of Los Altos
881 Parma Way
Los Altos, Ca.94024
6-13-91
Herb Grench, General manager
Midpeninsula Regional Open Space District
201 San Antonio Circle
Old Mill Office Center, Bldg. C, Ste. 135
Mountain View, Ca . 94043
Dear Mr. Grench:
We want to commend you and your staff on the excellent
presentation on the public necessity for the proposed Vidovich
property addition to Rancho San Antonio Open Space Preserve. In
contrast to the documents of many governmental agencies , your
staff 's work was a masterpiece of clarity and logic and provided
the public as well as the Board with easy access to the facts.
We are mailing a copy of the document to Steven Herrera of the
Division of Water Rights, State Water Resources Control Board,
for his information in the water right application of Mr. Vido-
vich, an application which Creeks of Los Altos and the City of
Los Altos have protested. Creeks of Los Altos was very pleased by
the vote to take legal action to acquire these vital lands. We
feel very fortunate to be served by a public agency with such
vision and foresight.
Sincerely,
Valerie Kobal
--------------
i
Claims No. 91-12
Meeting 91-20
Date: June 26, 1991
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
846 136.16 Allen Equipment Company, Inc. Fire Equipment
847 53.50 Arne Sign & Decal Company, Inc. Vehicle Decals j
848 11000.00 Geoff Ball & Associates Facilitation of Strategic Plan Workshop i
i
849 38.95 Matthew Bender & Company Resource Documents 1
850 187.21 Big Creek Lumber ny Redwood Beams
851 2,026.25 Binkley Associates Engineering Services
852 198.95 Bridge Radio Services, Inc. Radio Installation
853 28.63 California State Library Resource Documents
Foundation
854 73.00 California. Water Service Company Water Service
855 2,171.20 Cannis Consulting Engineers Consulting Services
856 34.03 Central Stationers Office Supplies j
857 267.94 Clark's Auto Parts/Machine Shop Vehicle Parts
858 595.00 Aruette Coleman Reimbursement-Termite Inspection and
Carpeting
859 70.00 Bernadette Congdon Equipment Dust Covers
860 348.86 Conservatree Paper Company Office Supplies
861 500.00 Toni Corelli Plant Inventory
862 96.00 Steve Covarrubias Re ursementi--Uhiform Expense
863 84.02 L. N. Curtis & Sons Field Equipment
864 23.50 Dittmer's Genet Meats Local Meeting Expense
865 202.50 The Dublin Group, Inc. Training Registration--M. Dole
866 2,000.00 Earth Systems Consultants Geotechnical Engineering Services
867 91.00 Albert Faria Reimbursement-Training Registrationsi
868 20.00 Federal EWress Corporation Express Mail
869 65.00 First American Title Guaranty Reomveyance Fees
Company
870 527.00 First American Title Insurance Title Policy
Company
871 68.00 David B. Fisher Legal Services
872 567.64 Foothill Safety, Inc. Safety Uniform Expense
873 197.62 Forestry Suppliers, Inc. Field Supplies
874 103.55 He hold Motor Company, Inc. Vehicle Rental
875 285.51 The Home Depot Field Supplies
876 222.00 J and J Water Trucks 'Water Service
877 2,500.00 J. Thomas Jakaby Construction Services
878 503.68 Konica Business Machines Maintenance Agreement
879 1,635.90 Meyers, Nave, Riback & West Legal Services
880 193.75 * MicroAge Equipment Repairs
881 366.84 Minton Is Lumber & Supply Field Supplies t
882 35.25 No 's of Mountain View Office Supplies
883 44.41 Northern Energy Propane Fuel
884 26.74 Office Club Office Supplies
885 520.07 Orchard Supply Hardware Field Supplies
886 2,816.44 Pacific Gas & Electric Company Utilities
887 1,952.66 Page & Turnbull, Inc. Architectural Services
888 84.72 Peninsula Blueprint, Inc. Bluelines
889 50.94 Warren Phillips Reimbursement-Field Supplies
*Emergency check issued on June 14, 1991.
i
Claims No. 91-12
Meeting 91-20
Date: June 26, 1991
REVISED
bUMPENINSULA REGIONALOPEN SPACE DISTRICT
# Amount Name Description
_ 890 736.26 Rays Repair Service Vehicle Repairs
891 1,521.48 Santa. Clara County Sheriff's Patrol Services
Department
892 3,000.00 Seafirst Bank Tender Agent Fee
893 13.63 Sears Field Equipment
894 13.00 Shell Oil Company Fuel
895 684.25 Spencer Associates Engineering Services
896 7,856.59 The Steinberg Group Architectural Services
897 980.00 Fjtqard A. Tunheim Consulting Services
898 1,765.00 Valley Title Company Preliminary Reports and Title Policy
899 453.55 Valley Tool & Manufacturing Field Equipment
Company
900 175.00 Suzanne Weller Music for Docent Recognition nt
901 356.20 Western Allied Company Air-Conditioning System Repairs
902 285.00 West Valley Park Management Club Training Registration—Rangers
903 140.58 The Workingman's rum Uni
form niforra
904 87.78 Yardbird Equipment Company Equipment Repairs and Parts
905 8,900.00 Mike raticm Demolition Foxier it Property
906 48.95 Lauren McGuire Private Vehicle Expense
907 225.00 Computer Resource Center TrainingRegistration---E.J
908 414.56 Petty Cash Equipment Repair, Field and Office
Supplies, Local Meeting Expense,
Film and Developing, Suboriptions,
and Private Vehicle Expense
i
III ''
Claims No. 91-12
Meeting 91-20
Date: June 26, 1991
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
846 136.16 Allen Equipment Company, Inc. Fire Equipment
847 53.50 Arne Sign & Decal Company, Inc. Vehicle Decals
848 1 ,000.00 Geoff Ball & Associates Facilitation of Strategic Plan Workshop
849 38.95 Matthew Bender & Company Resource Documents
850 187.21 Big Creek Lumber Company Redwood Beams
851 2,026.25 Binkley Associates Engineering Services
852 198.95 Bridge Radio Services, Inc. Radio Installation
853 28.63 California State Library Resource Documents
Foundation
854 73-00 California Water Service Company Water Service
855 2,171.20 Cannis Consulting Engineers Consulting Services
856 34.03 Central Stationers Office Supplies
857 267.94 Clark's Auto Parts/Machine Shop Vehicle Parts
858 595.00 Annette Coleman Reimbursement-Termite Inspection and
Carpeting
859 70.00 Bernadette Congdon Equipment Dust Covers
860 348.86 Conservatree Paper Company Office Supplies
861 500.00 Toni Corelli Plant Inventory
862 96.00 Steve Covarrubias Reimbursement--Uniform Expense
863 84.02 L. N. Curtis & Sons Field Equipment
864 23.50 Dittmer's Gourmet Meats Local Meeting Expense
865 202.50 The Dublin Group, Inc. Training Registration-M- Dole
866 2,000.00 Earth Systems Consultants Geotechnical Engineering Services
867 91 .00 Albert Faria Reimbursement-Training Registrations
868 20.00 Federal Express Corporation Express it
869 65.00 First American Title Guaranty Reconveyance Fees
Company
870 527.00 First American Title Insurance Title Policy
Company
871 68.00 David B. Fisher Legal Services
872 567.64 Foothill Safety, Inc. Safety Uniform Expense
873 197.62 Forestry Suppliers, Inc. Field Supplies
874 103.55 Hengehold Motor Company, Inc. Vehicle Rental
875 285.51 The Home Depot Field Supplies
876 222.00 J and J Water Trucks Water Service
877 2,500-00 J. Thomas Jakaby Construction Services
878 503.68 Konica Business Machines Maintenance Agreement
879 1 ,635.90 Meyers, Nave, Riback & West Legal Services
880 193.75 MicroAge Equipment Repairs
881 366.84 Minton's Lumber & Supply Field Supplies
882 35.25 Norney's of Mountain View Office Supplies
883 44-41 Northern Energy Propane Fuel
884 26.74 Office Club Office Supplies
885 520.07 Orchard Supply Hardware Field Supplies
886 2,816.44 Pacific Gas & Electric Company Utilities
887 1 ,952.66 Page & Turnbull , Inc- Architectural Services
888 84.72 Peninsula Blueprint, Inc. Bluelines
889 50.94 Warren Phillips Reimbursement--Field Supplies
*Emergency check issued on June 14, 1991 .
-------------
Claims No. 91-12
Meeting 91-20
Date: June 26, 1991
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
890 736.26 Roy's Repair Service Vehicle Repairs
891 1 ,521 .48 Santa Clara County Sheriff's Patrol Services
Department
892 3,000.00 Seafirst Bank Tender Agent Fee
893 13.63 Sears Field Equipment
894 13.00 Shell Oil Company Fuel
895 684.25 Spencer Associates Engineering Services
896 7,856.59 The Steinberg Group Architectural Services
897 980.00 Edward A. Tunheim Consulting Services
898 1 ,765.00 Valley Title Company Preliminary Reports and Title Policy
899 453.55 Valley Tool & Manufacturing Field Equipment
Company
900 175.00 Suzanne Weller Music for Docent Recognition Event
901 356.20 Western Allied Company Air--Conditioning System Repairs
902 285.00 West Valley Park Management Club Training Registration—Rangers
903 140.58 The Workingman's Emporium Uniform Expense
904 87.78 Yardbird Equipment Company Equipment Repairs and Parts
905 8,900.00 Mike Tobar Excavation Demolition - Former McNeil Property
906 48.95 Lauren McGuire Private Vehicle Expense