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Home My Public Portal About19920624 - Agendas Packet - Board of Directors (BOD) - 92-15 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-15 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 24 , 1992 Mountain View, Calif . (7 : 30) * ROLL CALL ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- R . McKibbin APPROVAL OF MINUTES May 27 , 1992 (Consent Item) June 10 , 1.992 (Consent Item) WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7 : 45) 1 . Proposed Addition of the County of Santa Clara (Azzarello) Property to El Sereno Open Space Preserve -- C . Britton Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement , Authorizing Officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Sereno Open Space Preserve - Lands of the County of Santa Clara) (7 : 55) 2 . Proposed Addition of the McQueen Property to the Mt . Umunhum Area of Sierra Azul Open Space Preserve -- C . Britton Resolution of the Board of Directors of the Midpeninsula Regional open Space District Authorizing Acceptance of Purchase Agreement , Authorizing Officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of McQueen) 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 (8 : 05) 3 . Proposed Gift of Jones Property as an Addition to the Kennedy Limekiln Area of Sierra AzuI Open Space Preserve -- C . Britton Resolution of the Board of Directors of the Midpen4nsula Regional Open Space District Accepting Gift of Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All. Other Documents Necessary to Closing of the Transaction (Sierra Azul Open Space Preserve - Jones Property) (8 : 1.0) 4 . Amendment to the Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve and Authorization to Solicit Bids for Eucalyptus Tree Removal -- J. Escobar (8 : 25) 5. Ranger Bicycle Patrol --- K. Duffy (8 : 45) 6 . Scheduling of Special Meeting on June 29 , 1992 -- J. Fiddes )v**7 . Not-ice of Contract Completion and Acceptance of Work for Skyline Ridge Open Space Preserve Trail Development Project (LWCF 06-01240) --- M. Gundert (Consent Item) (8 : 50) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION (Litigation, Land Negotiations , Labor, Negotiations , and Personnel Matters) ADJOURNMENT IVO TF, Times are estimated and items may al')pear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD., The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other, matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. Please fill out the speaker's form so your name and address can be accurately included in the minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar shall be ap roved without discusqion �� one motion unless a Board member removes an item from the consent calendar for separate discussion. A member of the public mad' re uest under oral Communications that an item be removed from tho consent calendar. NOTICE OF PUBLIC MEETINGS The Board's regular meeting of Wednesday, July 8, 1992 will be held at Bullis- Purissima Elementary School, 25890 Fremont Road, Los Altos Hills, beginning at 7:30 P.M. for the purpose of hearing protests or other public comment about the formation of Midpeninsula Regional Open Space District Assessment District 1992-1 (Vidovich Acquisition) . Claims No. 92-11 Meeting 92-15 Date: June 24 , 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT r Name Description ------------------------------------------------------------------------------------------------- 2715 15.38 Advisory Publishing & Consulting Resource Document 2716 960. 13 Ralph Anderson & Associates Professional Services--ADA Com_oliance Analysis 2717 815. 10 Associated Construction Electrical Installation--Distel Circle 2718 157.00 * Audio Visual Discounts Audio Equipment--Board Meeting 2719 32.50 Bay Area Ridge Trail Resource Documents 2720 1 ,731 .88 Best Sanitation Sanitation Services--Distel Circle 2721 9,988.48 Binkley Associates Consulting Services--Skyline Water System 2722 4,030.15 Bofors, Inc. Printing--Master Plan 2723 5,910.00 Louis Bordi , General Engineering Roadway Grading 2724 16,976.82 Business Interiors Office Furnishings 2725 522 .00 Campbell Towing Towing Services 2726 124.30 Annette Coleman Reimbursement--Staff Activities 2727 238.83 Com Systems Telephone Service 2728 320.86 Edward L. Corekin Repairs--Former Smith House 2729 14,343.98 CRI/Office Pavilion Office Furnishings 2730 599.00 - Alice Cummings Reimbursement--Film and Prints 2731 542 .97 The Darkroom Photographs 11 ,150.00 Deloitte & Touche Auditors 2732 4,588.46 Design Concepts Consulting,Design and Production--Skyline Ridge Invitation and Brochure, Annual Report, Poster, and 1992 Openspace 2733 58.40 Deirdre Dolan Local Meeting Expense 2734 165.00 Earth Systems Consultants Plan Review 2735 58.85 Jean Fiddes Private Vehicle Expense 2736 25.00 Flinn, Gray & Herterich Insurance 2737 201 .61 Forestry Suppliers, Inc. Field Supplies 2738 23.22 Foster Bros.Security Systems, Inc. Keys 739 3, 125.00 Robert M. Garcia Consulting Services--Distel Circle t40 548.75 Goodco Press Printing--Docent Activities and Newsletter 2741 540. 17 Gregg' s Appliance Refrigerator--Enterprise 2742 86.69 Herbert Grench Local Meeting Expense 2743 107.45 Mary Gundert Private Vehicle Expense 2744 2 ,238.75 H & B Management, Inc . Asbestos Inspection Services--Quane , Chew and Beneficial 2745 868. 27 Harrington & Associates Consulting Services--20th. Anniversary 2746 206.50 Hengehold Motor Company, Inc. Vehicle Rental--20th Anniversary 2747 232 .83 Hertz Equipment Rental Equipment Rental 2748 637.65 Interstate Traffice Control Signs 2749 75 .00 JCP Engineers Plan Review 2750 1 ,977. 73 Jeda Publications Printing--Letterhead and Brochures 2751 325.00 Johnson's Inspection Service House inspection--Beneficial 2752 257.33 The Ed Jones Company Badges 2753 7.079 .53 Dennis Kobza & Associates. Inc. Architectural Services--Ranger Facilities 2154 54. 15 Judy Law Private Vehicle Expense 2755 608.00 Los Altos Garbage Company Dumpster Rental *Emergency check issued on June 11 . 1992. Claims No. 92-11 Meeting 92-15 Date: June 24 , 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ---------------------------------------------------------------------------------------------------- 2756 174. 18 Meyer Appliance Microwave--Distel Circle 2757 325. 18 Merwin Mace Private Vehicle Expense 2758 50.00 Municipal Management Assistants Advertisement of Northern California 2759 12.50 National Trust for Historic Resource Documents Preservation 2760 4.22 Noble Ford Equipment Part 2761 67.58 Northern Energy Propane Fuel 2762 52.00 Stanley Norton April Expenses 2763 740.38 Orchard Supply Hardware Field Supplies 2764 39.83 Pacific Bell Telephone Service 2765 187.05 Peninsula Times Tribune Advertisement 2766 247.46 PIP Printing Printing--Vidovich Assessment District Mailing 2767 200.00 Pitney Bowes, Inc. Maintenance Agreement--Mailing Machine 2768 153.05 Pitney Bowes Credit Corporation Mailing Machine Rental 2769 600.00 Portola Heights Property Owners Road Dues Association 2770 450.00 Price Club Field Supplies 2771 384.37 Roy's Repair Service Vehicle Repairs and Maintenance 2772 400.00 S & W Equipment Company Field Equipment 2773 146.33 Safety-Kleen Corporation Solvent Service 2774 300.00 Santa Clara County Health Permit Department 2775 366,000.00 Santa Clara County Parks Purchase of County Property Department 2776 33. 10 Shell Oil Company Fuel 2777 228.25 Sid's Custom Upholstery Upholstery for District Vehicle 2778 1 ,250.00 George Sipel Associates Professional Services 2779 1 ,864. 13 Jana Sokale Consulting Services--Russian Ridge 2780 5,238.28 Steinberg Group Architectural Services--Distel Circle 2781 2.380.00 Sterling Underground Construction Repairs and Pumping Septic Tank--Rancho 2782 44,631 .30 Summit Springs Design Skyline Ridge Development Project 2783 100.51 Summit Uniforms Uniform Expense 2784 67.20 Taylor Rental Equipment Rental 2785 105.23 University Art Center Drafting Supplies 2786 J8.96 Unocal Fuel 2787 414.08 Vallen Safety Supply Company Safety Supplies 2788 150,000.00 Valley Title Company Property Purchase--McQueen 2789 340.61 Valley Tool & Manufacturing Fire Pumper Supplies 2790 254.38 Word Products Computer Supplies 2791 251 .07 Alice Cummings Private Vehicle Expense 2792 88.80 ***Ryan Herco Industrial Plastics Pipe for Monte Bello Restroom 2793 288. 14 Mary Hale Private Vehicle Expense 2794 345.94 Petty Cash Office and Field Supplies, Film and Developing, Subscription, Postage, Photocopying, Maps, Local Meeting Expense and Private Vehicle Expense Emergency check issued on June 17, 1992. ***Emergency check issued on June 2, 1992. Claims No. 92-11 Meeting 92-15 Date: June 24 . 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ---------------------------------------------------------------------------------------------------- 2715 15.38 Advisory Publishing & Consulting Resource Document 2716 960. 13 Ralph Anderson & Associates Professional Services--ADA Compliance Analysis 2717 815. 10 Associated Construction Electrical Installation--Distel Circle 2718 157.00 Audio Visual Discounts Audio Equipment--Board Meeting 2719 32.50 " 'Bay Area Ridge Trail Resource Documents 2720 1 ,731 .88 Best Sanitation Sanitation Services--Distel Circle 2721 9,988.48 Binkley Associates Consulting Services--Skyline Water System 2722 4,030.15 Bofors, Inc. Printing--Master Plan, 2723 5,910.00 Louis Bordi , General Engineering Roadway Grading 2724 16,976.82 Business Interiors Office Furnishings 2725 522.00 Campbell Towing Towing Services 2726 124.30 Annette Coleman Reimbursement--Staff Activities 2727 238.83 Com Systems Telephone Service 2728 320.86 Edward L. Corekin Repairs--Former Smith House 2729 14,343.98 CRI/Office Pavilion Office Furnishings 2730 599.00 - Alice Cummings Reimbursement--Film and Prints 2731 542.97 The Darkroom Photographs 11 ,150.00 Deloitte & Touche Auditors 2732 4,588.46 Design Concepts Consulting,Design and Production--Skyline Ridge Invitation and Brochure, Annual Report, Poster. and 1992 Openspace 2733 58.40 Deirdre Dolan Local Meeting Expense 2734 165.00 Earth Systems Consultants Plan Review 2735 58.85 Jean Fiddes Private Vehicle Expense 2736 25.00 Flinn, Gray & Herterich Insurance 2737 201 .61 Forestry Suppliers, Inc. Field Supplies 2738 23.22 Foster Bros.Security Systems, Inc. Keys 2739 3, 125.00 Robert M. Garcia Consulting Services--Distel Circle 2740 548.75 Goodco Press Printing--Docent Activities and Newsletter 2741 540. 17 Gregg's Appliance Refrigerator--Enterprise 2742 86.69 Herbert Grench Local Meeting Expense 2743 107.45 Mary Gundert Private Vehicle Expense 2744 2,238.75 H & B Management , Inc , Asbestos Inspection Services--Quane, Chew and Beneficial 2745 868. 27 Harrington & Associates Consulting Services--20th. Anniversary 2746 206.50 Hengehold Motor Company, Inc. Vehicle Rental--20th Anniversary 2747 232.83 Hertz Equipment Rental Equipment Rental 2748 687.65 Interstate Traffice Control Signs 2749 75.00 JCP Engineers Plan Review 2750 1 ,977.73 Jeda Publications Printing--Letterhead and Brochures 2751 325.00 Johnson's Inspection Service House insoection--Beneficial 2752 257 .33 The Ed Jones Company Badges 2753 7,079.53 Dennis Kobza & Associates. Inc, Architectural Services--Ranger Facilities 2754 54 . 15 Judy Law Private Vehicle Expense 2755 608.00 Los Altos Garbage Company Dumpster Rental *Emergency check issued on June 11 . 1992. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-14 REGULAR MEETING BOARD OF DIRECTORS June 10 , 1992 MINUTES I . ROLL CALL President Robert McKibbin called the meeting to order at 7 : 40 P.M. Members Present : Ginny Babbitt , Richard Bishop, Kay Duffy, Nanette Hanko, Teena Henshaw, and Robert McKibbin. Member Absent : Betsy Crowder. Personnel Present : Herbert Grench, Craig Britton, Jean Fiddes , John Escobar, Sheryl Marioni-Cochran, Stanley Norton, and Deborah Morvay- Zucker. II . ORAL COMMUNICATIONS There were no oral communications III . ADOPTION OF AGENDA H. Grench requested that the Board remove agenda item three , Support for Proposed Twenty-Eighth Amendment to the Constitution of the United States - "Sustaining Quality of Life Through Responsible Use of Resources , " from the consent calendar. R. McKibbin stated that the agenda item was removed from the consent calendar and that the agenda as amended was adopted by Board consensus . IV. ADOPTION OF CONSENT CALENDAR Motion : N. Hanko moved that the Board adopt the consent calendar that included approval of the draft response to a written communication from Elaine and Mort Levine , 22800 Prospect Road, Saratoga , dated May 1992 , regarding extension of their lease of the Fremont Older home; authorization to purchase a replacement telephone system for the District ' s new administration office from AT&T for a total equipment and installation cost of $42 , 836 (Report R-92-67) ; and approval of Revised Claims 92-10 . G. Babbitt seconded the motion. The motion passed 6 to 0 . 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 Meeting 92-14 Page 2 V. BOARD BUSINESS A. Approval of Preliminary Boundary Map and Preliminary Approval of Engineer ' s Report for Assessment District No. 1992-1 (Vidovich Acquisition) (Report R-92-68) H. Grench summarized the Board ' s actions to date and stated that the next second steps in the Vidovich assessment district formation process were to adopt the preliminary boundary map, preliminarily approve the engineer ' s report , and adopt the resolution of intention , which would set the public hearing protest meeting date . R. Leptien reviewed the proposed boundaries and factors used in determining the correlative benefits and assessments . He stated that his Preliminary Engineer ' s Report had been filed with the District Clerk. He added that the estimated annual payments by zones ranged from $82 to $126 and were higher than first estimated because the first estimate did not include bond costs . Antonia Dolar of Orrick, Herrington, & Sutcliffe, bond counsel , explained the steps of the proceedings contained in the resolutions presented to the Board for adoption. She responded to questions from the Board for clarification of the statutorily defined items contained in the resolution . She stated that the Resolution of Intention contained the addition of three recitals to state the estimated cost of the improvement , that the District intends to contribute a total of $8 , 385 , 000 of the cost of the improvement , and that the estimated amount to be levied upon the properties within the proposed assessment district was $1 , 147 , 000; that Section 2 would additionally state that the District is located in the southeasterly portion of the Town of Los Altos Hills and the surrounding portions of the unincorporated area of Santa Clara County; that Section 7 would state that the Board hereby orders that the cost of the improvements shall be raised by an assessment levied and collected in thirty annual installments . She also stated that Section 8 would indicate the fiscal years of collection and the range of the maximum amount of each annual installment . She confirmed the change in Section 13 for publication of notice in the Peninsula Times Tribune and asked for the Board ' s direction to do so. She added that Section 15 directs the Clerk of the District to provide copies of the Resolution of Intention to the Town of Los Altos Hills and Santa Clara County. She stated that the technical inclusions and changes in the resolution were made for statutory compliance . Discussion followed concerning locating the July 8 meeting at the Old Mill Office Center in Mountain View and publishing notice in the Peninsula Times Tribune and so stating these changes in the resolution . R. McKibbin directed A. Dolar to Meeting 92-14 Page 3 make the respective changes in Sections 12 and 13 of the Resolution of Intention. Residents of Los Altos Hills , Shari Emling, 11853 Murietta Lane ; Ed Seaman, 11519 Arroyo Oaks ; Harry Block , 11.751 Winding Way; Carol Phy, 25616 Moody Road; Richard Oliver, 25466 Adobe Lane; Steve Hunton , 11991 Murietta Lane; Ed Emling, 11853 Murietta Lane; and David Proft , 26271 Moody Road , spoke against formation of the proposed assessment district . Vaughn Shanihan, 11185 Mora Drive , read and presented a written communication to the Board against the proposed assessment district . Liz Dana , 25700 Bassett Lane , Los Altos Hills , expressed support for formation of the proposed assessment district . Russ Carter, 940 Saratoga Ave . , San Jose , spoke against formation of the assessment District . Discussion and comments followed by members of the Board , including agreement with the various Los Altos Hills residents whose concerns included locating the July 8 protest hearing at Bullis-Purissima School , giving more than 10 days notice because of the July 4 holiday weekend preceding the protest hearing date , and assuring that property owners would know how to file a written protest . With the Board ' s consensus , R. McKibbin directed staff to give longer notice to property owners than required by statute . T. Henshaw stated that she would vote against the assessment district formation if the District received protests from owners of 34% of the property proposed for the assessment district . N. Hanko agreed in concept with T. Henshaw ' s statement and stated that she would not support another assessment district unless petitioned by the people who live in the area . R . McKibbin stated that in the past five years he had been urged by residents of his ward to acquire the Vidovich property, maintain only neighborhood accesses to preserves , and establish an assessment district in the area . He stated that he believed the Board was following the most equitable process for obtaining public input into the process . Motion : K. Duffy moved that the Board adopt Resolution 92-24 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving Boundary Map and Preliminarily Approving Engineer ' s Report . R . Bishop seconded the motion. Motion to Amend: G . Babbitt moved that the Board amend the motion to stipulate that the Board shall assess a maximum principal assessment of $965, 000 . N. Hanko seconded the motion . Meeting 92-14 Page 4 Discussion : R. Leptien recommended a technical modification of the amendment to include in the Engineer ' s Report that the principal amount of assessment for single family residential parcel shall be as proposed in the engineer ' s Summary of Study enclosed with the letter to neighboring property owners from Robert McKibbin, dated May 28 , 1992 . R. Leptien requested that Engineer ' s Report be revised to state "The relative benefit received by parcels other than single family residential parcel shall be calculated by multiplying the estimated number of single family residential parcels times the benefit factor with the respective zone. The total amount to be assessed shall be $965 , 000 . " G. Babbitt and N. Hanko included R. Leptien' s proposed language change in the motion to amend. The motion to amend passed 6 to 0 . Motion to Amend: G. Babbitt moved that the motion be amended to include that at least one staff member and at least one Board member and a community representative review with the engineer the protest statements before they are presented to the full board. T. Henshaw seconded the amendment . The amendment passed 6 to 0 . Discussion followed regarding inclusion of a representative of the community in the review of protest letters . R. McKibbin stated Board consensus that he would select a community representative. Motion to Amend: N . Hanko moved that a letter be sent to each property owner with a clear explanation of the assessment district formation and to include boxes for property owner to indicate a ves or no vote and reasons for voting no. The motion to amend failed for lack of a second . Discussion followed regarding the form of the letter and instructions for response to be sent to property owners in the proposed district . J. Fiddes read the proposed leter to property owners that would be mailed to property owners . Meeting 92-14 Page 5 Motion to Amend: T. Henshaw moved that a simple protest form be provided on the back of the letter . N. Hanko seconded the motion. The amendment passed 6 to 0 . The motion to adopt Resolution 92-24 as amended passed 5 to 1 on the following vote: Ayes : G. Babbitt , R . Bishop, K. Duffy, T. Henshaw, and R . McKibbin . No: N. Hanko. Motion : K. Duffy moved that the Board adopt Resolution 92-25 , a Resolution of Intention of the Board of Directors of the Midpeninsula Regional Open Space District . G. Babbitt seconded the motion . Motion to Amend: R . McKibbin moved that the motion be amended to approve Bullis-Purissima School as the location for the July 8 , 1992 meeting for hearing of protests; to direct staff to also advertise notice of the July 8 meeting in the Los Altos Town Crier; and to incorporate technical changes recommended by bond counsel and engineer of work. N. Hanko seconded the motion to amend. The motion passed 6 to 0 . The motion to adopt Resolution 92-25 as amended passed 6 to 0 . The Board recessed the meeting at 10 : -,15 P .M . The Board reconvened at 10 : 55 P .M. B . Proposed Addition of the Davis et al . Property to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve (Report R-92- 66) Motion : N. Hanko moved that the Board adopt Resolution 92-26 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement , Authorizing Officer to Execute Certificate of Acceptance of Grant to Distric.•t , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction Meeting 92-14 Page 6 (Sierra Azul Open Space Preserve - Lands of Davis et al . ) G. Babbitt seconded the motion . The motion passed 6 to 0 . Motion : N. Hanko 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 the Kennedy Limekiln Area of Sierra Azul Open Space Preserve, and indicate its intention to dedicate the property as public open space . G. Babbitt seconded the motion. The mo'(--ic)n passed 6 to 0 . C . Support for Proposed Twenty-Eighth Amendment to the Constitution of the United States - "Sustaining Quality of Life Through Responsible Use of Resources" (Report R-92-65) Motion : N. Hanko moved that the Board adopt Resolution 92-27 , Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Endorsing Support of Twenty-Eighth Amendment to the Constitution of the United States - "Sustaining Quality of Life Through Responsible Use of Resources . " R . Bishop seconded the motion. The motion passed 6 to 0. VI . Informational Reports N. Hanko stated that the District had not received all the 1990 census information needed to evaluate potential ward boundaries and said that a special meeting may have to be called by the Board to approve the boundaries and call the election in Wards 3 , 4 , and 7 . The tentative date selected for a meeting, if necessary, was Monday, June 29 . H. Grench stated that because of the state ' s budget problems the state legislature was contemplating taking back the bail-out funds to agencies , including special, districts , for redistribution to schools . He said that the legislation could result in a toss of $1 million or more of funds to the District annually. C . Britton stated that the Sink property escrow closed May 29 , 1992 and that because no public comment had been received regarding the acquisition, there would be no second reading . J. Escobar reported a vehicular accident involving one District employee. He reported an accident involving a hiker in an off- limits area of St . Joseph ' s Hill Open Space Preserve and two solo bicycle accidents . He stated that the communications tower agreement with U. S . Geological Survey was signed and that construction of the tower would begin . Meeting 92-14 Page 7 R . McKibbin expressed thanks to staff for their work on the Skyline Ridge Open Space Preserve and Bay Area Ridge Trail dedication events . H. Grench stated that no closed session was needed . VII . Adjournment The meeting was adjourned at 11 : 08 P .M. Deborah Morvay—Zucker Recording Secretary Claims No. 92-10 Meeting 92-14 Date: June 10, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT „- Name Description -------------------------------------------------------------------------------------------------- 2640 679.69 Acme & Sons Sanitation, Inc. Sanitation Services 2641 2.217.31 Alves Petroleum, Inc. Fuel 2642 714.45 American Printing & Copy 20th. Anniversary Invitation Printing 2643 375.00 Appraisal Research Corporation Appraisal Services 2644 102.80 AT&T Maintenance Agreement 2645 3,580.00 Bay Area Floors Carpet and Linoleum Installation--Skyline 2646 143.75 Bellaire Express Courier Services 2647 2,247.00 Louis Bordi Grading--Skyline Ridge Patrol Roads 2648 89.42 Bridge Radio Services, Inc. Radio Repairs 2649 233.00 Mary Lou Buckmaster Cleaning Services--Skyline 2650 154.20 State of California, GSA Procurement Fee--Truck 2651 1 ,311 .75 Callander Associates Architectural Services--Windy Hill 2652 205.95 Clark's Auto Parts/Machine Shop Vehicle Parts 2653 100.00 Coastside Proflame Propane Fuel 2654 23.87 Crest Copy, Inc. Reproduction Services 2655 50.00 CRI/Office Pavilion Furniture Delivery 2656, 285.80 The Darkroom Photographs and Supplies 2657 2,891 .08 Design Concepts Design and Production of Brochures, 1992 Annual Report, and Stationery 2658 277.94 DynaMed Medical Supplies 2659 357.16 East Bay Brass Foundry, Inc. Bronze Plaque 2660 162.37 Fast Frame Framing--Grant House Awards 2661 63.00 Federal Express Corporation Express Mail 2662 3,298.70 David B. Fisher Legal Services 2663 190.08 4-Wheel Parts Wholesalers Equipment Parts 2664 130,000.00 Gateway Title Company Property Acquistion--Davis 2665 657.82 Goodco Press Printing 2666 32.44 Mary Gundert Reimbursement--Skyline Event Supplies 2667 70.00 Philip Hearin Reimbursement--Training Expense 2669 383.21 Home Depot Field Supplies 2670 250.00 J. Thomas Jakaby Consulting Services--Windy Hill 2671 1 ,196. 16 Jeda Publications Brochure Printing 2672 60. 12 Kaiser Cement Corporation Base Rock 2673 1 ,046.62 Konica Business Machines Maintenance Agreement 2674 100.00 John K. Landre Water Service 2675 200.00 Lopez Gardening Gardening Maintenance--Distel Circle 2676 757.81 Los Altos Garbage Company Dumpster Rental 2677 200.00 Magana's Building Maintenance Janitorial Services--Distel Circle 2678 550.00 William D. McDonald Water Heater Reimbursement 2679 166.57 Minton's Lumber Company Field Supplies 2680 90.97 Mountian View Garden Center Base Rock 2681 316.00 MRC Consulting Archaelogical Survey--Weeks Driveway 2682 24 .21 Norney's of Mountain View Office Supplies 2683 1 ,409.20 Pacific Bell Telephone Service Claims No. 92-10 Meeting 92-14 Date: June 10, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description ----------------------- ----------------------- 2684 80.00 Palo Alto Fire Department Wildland 92 Training 2685 26.25 City of Palo Alto Utilities Electricity 2686 146.68 Pitney Bowes Inc. Postage Meter 2687 2,000.00 Postage by Phone Postage 2688 42.84 Precision Engravers, Inc. Brass Namebadges 2689 47.45 Rancho Hardware Field Supplies 2690 32.48 Regal Dodge Vehicle Part 2691 210.00 Eric Remington Checkerspot Survey--Ridge Project 2692 401 .74 Rhus Ridge Association Dumpster Rental 2693 98.89 Rich's Tire Service Vehicle Tires 694 4,261.29 Robertson, Alexander, Luther, Legal Services Esselstein, Shiells & Wright 695 241 .76 Roy' s Repair Service Vehicle Maintenance and Repairs 2696 2,252.00 * County of San Mateo Plan Check Fees--Trail Construction 691 103.80 S & W Equipment Company Equipment Repair 2698 101 .76 Chris Saenger Sewer Pipe Reimbursement 699 263.14 San Mateo Times Newspaper Group Advertisements 700 335.51 Signs of the Times Signs 701 70.94 Skyline County Water District Water Service 702 172. 12 Summit Uniforms Uniform Expense 703 215.50 Sunnyvale Medical Clinic Medical Services 704 66.08 Taylor Rental Equipment Rental 705 270.00 Valley Title Company Preliminary Title Report 706 143. 13 Value Business Products Office Supplies 707 190.00 Diane West-Bourke Consulting Services--Docent Training 708 70.87 West Publishing Company Resource Documents 709 27.40 The Workingman's Emporium Uniform Expense 710 70.36 Word Products Equipment Part 711 254 .45 Yardbird Equipment Sales Equipment Repairs and Supplies 712 180.00 ** Your Framing Center 20th. Anniversary Photograph Exhibit 713 150.00 ***A-Abco Rents Chair Rental 714 350.75 Petty Cash Film and Developing. Office and Field Supplies, Local Meeting Expense, Skyline Event Expenses, and Private Vehicle Expense * Emergency check issued on May 29, 1992. Emergency check issued on June 5, 1992. ***Emergency check issued on June 10, 1992. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-13 REGULAR MEETING BOARD OF DIRECTORS May 27 , 1992 MINUTES I . ROLL CALL President Robert McKibbin called the meeting to order at 7 : 34 P .M. Members Present : Ginny Babbitt, Betsy Crowder, Kay Duffy, Nonette Hanko, and Robert McKibbin . Members Absent : Richard Bishop and Teena Henshaw. Personnel Present : Herbert Grench, Craig Britton , Jean Fiddes , Mary Hale, John Escobar, Del Woods , and Deborah Morvay-Zucker. II . ORAL COMMUNICATIONS There were no oral communications . III . ADOPTION OF AGENDA G. Babbitt requested that written communications be removed from the consent calendar. B. Crowder requested that Revised Claims 92-10 be removed from the consent calendar. R . McKibbin stated that the agenda with these revisions was adopted by Board consensus . IV. ADOPTION OF CONSENT CALENDAR Motion: N. Hanko moved that the Board adopt the consent calendar , including approval of the minutes of the May 13 , 1992 Regular Meeting and authorizing the general manager to enter into a license agreement with the Sempervirens Fund and Stuart Roistaczer to construct and monitor a well at the head of the San Lorenzo watershed (Report R-92-60) . G. Babbitt seconded the motion . The motion passed 5 to 0 . V. WRITTEN COMMUNICATIONS Written communications were received from Marcia E. Keimer, 475 Cervantes Road, Portola Valley, CA 94025 , dated Mav 7 , 1992 and Jo Laster, P .O. Box 488 , El Granada , CA 94018 , dated May 11 , 1992 , regarding the need for guidelines and restrictions for mountain bikes on District trails . At R . McKibbin ' s request , D. Woods provided an update on the development of trail use guidelines . 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 ol'Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 92-13 Page 2 B . Crowder stated that she did not agree with the draft response recommending that hikers consider using other preserves . H. Grench suggested that the letter be changed to include the wording "Skyline , Monte Bello, and Los Trancos Open Space Preserves have trails that are closed to bicycles . " R . McKibbin stated that the response letters were approved by Board consensus with this change . VI . BOARD BUSINESS A. Introduction of Spring 1992 Docent Class (Report R-92-59) D. Gallagher introduced the volunteer members of the spring docent training program. R . McKibbin welcomed the docent trainees and thanked them for their valuable participation in the program . B. Preliminary Study for Midpeninsula Regional Open Space District Assessment District No. 1992-1 (Vidovich Acquisition) (R-92-63) Randy Leptien of Leptien, Cronin , and Cooper stated that a summary of his preliminary study was included in the Board report and that the study would be presented at a public neighborhood information meeting scheduled for June 9 at 7 : 30 p.m . He stated that the study considered the following benefits : a) prevention of adverse effects of development; b) views of undeveloped hillsides ; and c) proximity to recreation sources . He stated that definition of the boundaries of the assessment district included the following factors : a) distance of within about one mile from the boundary of the proposed acquisition; b) physical barriers , including Interstate Highway 280 , Rancho San Antonio Open Space Preserve and County Park, Foothill College, and Moody Road; and c) that variations within the boundaries were due to factors of access and size of properties . He stated that the range of benefit to properties was quantified on a scale of 0 . 65 to 1 . 00 , with an assessment of $1 , 200 designated to a property receiving a full 1 . 00 unit benefit determination . He said that the total principal amount to be assessed would be $965, 000 . H. Grench recommended changes in the draft letter of notice of the June 8 informational meeting . The Board approved the changes . K. Duffy stated that page 5, section 2 b. of the Engineer ' s Preliminary Study "Hidden Village" should be changed to "Hidden Villa . " She also asked for an explanation of the assessment district reserve funds . R . Leptien explained that a reserve fund must be established to assure timely payments to bondholders in case of default by property owners . H. Grench stated that reserve funds were also set aside for recent note issues . R . MIcKibbin asked if the public present wanted to comment on the report . There was no public comment . Meeting 92-13 Page 3 C . Proposed--Addition_.,to Skyline Ridge Open Spare Preserve (Report R- 92-62) C . Britton stated that the Property was known as the Big Dipper Ranch and was located east of Alpine Road and Russian Ridge Open Space Preserve , west of Skyline Ridge Open Space Preserve , and adjacent to and north of Portola State Park. He stated that the District would acquire a 7/15th interest in the 767 . 9-acre property for a purchase price of $1 , 166 , 667 . He explained the rights of the minor interest holders who would continue to hold an 8/15th interest in the property. D. Woods showed slides of the property, featuring its prominent ridge location, the richness and variety of vegetation on its well-managed grazing lands , and the wildlife habitat provided by its woodlands . He reviewed the preliminary use and management recommendations for the property. Motion: N. Hanko moved that the Board adopt Resolution 92-21 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement , Authorizing Officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Skyline Ridge Open Space Preserve - Lands of Marjorie Roth , as Trustee) , and Resolution 92-22 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Skyline Ridge Open Space Preserve - Lands of Alice Coehlo) . B . Crowder seconded the motion . The motion passed 5 to 0 . Motion: N. Hanko moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report , including naming the property as an addition to the Skyline Ridge Open Space Preserve , and indicate its intention to withhold the property from dedication as public open space at this time . B . Crowder seconded the motion . The motion passed 5 to 0 . D. Proposed Addition of the Corte Madera Partnership P,roperty to the Windy Hill Open Space Preserve (Report R-92-61 ) C . Britton described the 194-acre Property as the major portion of a 200-acre parcel owned by Corte Madera Partnership. He stated that a 6-acre developed parcel would be retained by the Meeting 92-13 Page 4 sellers and that it would be one of five residentially developed inholdings located within Windy Hill Open Space Preserve . He stated that the total purchase price for the property, including interest , was $8 , 000 , 000 and explained the details of the proposed payment schedule . C . Britton stated that the owners of the residences would pay for road maintenance costs provided the District did not use the road for public vehicular traffic other than patrol use and site maintenance , and public trail use if deemed feasible by the District . He stated that the sellers would pay the first $25, 000 of the costs to demolish the remaining structures on the property and would pay 50% of costs in excess of $25 , 000 . He explained provisions contained in the agreement for the sellers ' protection because they would retain interest in the property until the final payment was made by the District . He stated that the property could not be dedicated until the final payment was made by the District . M. Gundert showed slides of the property including the structural remains of the homestead ruin and stated that an engineer had been consulted about the potential preservation of portions of the structures for historical preservation. Discussion followed about the possibility of retaining portions of the structures for historical interpretation . M. E. Pratt, 1136 Waverley Street, Palo Alto, asked for the basis determining the potential development of 23 lots on the parcel . C . Britton stated that the estimate was made on the slope density requirements of the Town of Portola Valley ' s zoning and commented that the appraisal was based on the potential development of five lots . George Goudy, 5070 Alpine Road, Portola Valley, stated that there was no historical value to the structures on the property and that they posed a potential hazard . He also commented that the driveway was a hazardous road that should not be used because hikers and bicyclists could not be seen around its curves by resident motorists . He stated that he and his wife would be opposed to any use of the driveway other than patrol and maintenance use by the District . He also stated that their spring water rights should be preserved and asked if money would be withheld from the sellers to assure road maintenance . Dave Beare , 5050 Alpine Road , Portola Valley, stated his opposition to the use of the road for walking. He asked about provision for maintenance of the road beyond the driveway. He stated his additional concerns about the road and the value and privacy of his property. C . Britton explained that the sellers would be responsible for the District ' s share of road maintenance . H. Grench stated that Meeting 92-13 Page 5 neighbors and members of the public would be invited to participate in the use and management plan process for property. C . Britton reviewed the District ' s acquisitions history for the Windy Hill Open Space Preserve and stated that District staff would be investigating the potential for the formulation of a benefit assessment district to assist with the acquisition of this addition to Windy Hill Open Space Preserve . B. Crowder suggested that staff monitor the town council ' s discussion of an extension of Portola Valley ' s utilities tax as an alternative to formation of an assessment district . Motion : B. Crowder moved that the Board adopt Resolution 92-23 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement , Authorizing Officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Windy Hill Open Space Preserve - Lands of Corte Madera , A Partnership) . N. Hanko seconded the motion . Discussion : S . Norton requested that the motion should include "and the Board further authorizes the general manager to agree to minor language changes , none of which shall be material to the transaction as a whole . " B . Crowder and N. Hanko agreed to include the wording proposed by legal counsel in their motion . The motion passed 5 to 0 . Motion : B. Crowder moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report , including naming the property as an addition to Windy Hill Open Space Preserve; indicate its intention to withhold the property frog} dedication as public open space at this time; and direct staff to investigate the formation of a benefit assessment district to assist with the funding for the acquisition . N. Hanko seconded the motion . The motion passed 5 to 0 . VTT . INFORMATIONAL REPORTS G. Babbitt reported her attendance at the dedication of the restored Grant Ranch foreman ' s cabin at San Antonio Open Space Preserve. B . Crowder presented the budget for the 20th Anniversary events . H. Grench stated that letters would be sent , if the Board concurred, to legislators thanking them for recent visits in Sacramento and indicating that Board members would arrange to take them on individual District tours during their summer recess . He obtained Board Meeting 92-13 Page 6 consensus to send the letters . H. Grench stated that the District received an invitation to have an exhibit at De Anza College for De Anza Days on May 31 . He proposed that the District have an exhibit at De Anza Days with more preparation time next year instead . He recognized staff and docents who worked on the Grant house project . C . Britton reported that escrow closed for the Green property. VIII .CLAIMS B . Crowder questioned claim number 2605 , and staff stated the explanation should have read "ranger office" instead of "ranger residence. " B. Crowder requested a cumulative statement of payments to The Steinberg Group for the new office building. Motion: B . Crowder moved that the Board approve Revised Claims 92-10 . G. Babbitt seconded the motion . The motion passed 5 to 0 . Ix. CLOSED SESSION C . Britton announced that Closed Session discussions fell under Santa Clara County assessor ' s parcel numbers 544-07-013 , 544-05-015 , -023 , - 024 , 026 , and -028 , owner Azzarello, and Santa Clara County assessor ' s parcel numbers 517-16-010 and -007 , owner Antonacci . H. Grench announced that personnel matters would be discussed. The Board recessed to Closed Session on acquisition and personnel matters at 10 : 30 P .M. X. ADJOURNMENT The meeting was adjourned at 11 : 10 P.M. Deborah Morvay-Zucker Secretary Claims No. 92-10 Meeting 92-13 Date: May 27, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2564 273. 15 Acme- & Sons Sanitation, Inc. Sanitation Services 2565 64.67 American Welding Supply Welding Supplies 2566 5,013.68 Ralph Anderson & Associates Salary and Compensation Study 2567 60.00 Association of Environmental Membership Renewal Professionals 2568 252.28 AT&T Maintenance Agreement and Installation 2569 28.00 Bellair Express Delivery Service 2570 1 ,846.88 Best Sanitation Sanitation Services 2571 548.05 Binkley Associates Consulting Services—Skyline Water Syst- 2572 9,458-00 Louis Bordi Firebreak Discing and Base Rock 2573 134.91 Bridge Radio Services, Inc. Radio Repair 2574 140.54 Dick Bruhn, Inc. Uniform Expense 2575 152-42 State of California, Department Procurement Fee for Patrol Vehicle of General Services 2576 55-00 California Park & Recreation Advertisement Society, Inc. 2577 33.29 California Water Service Water Service 2578 48.71 Sheryl Marioni-Cochran Reimbursement—Photographs 2579 283.02 Cam Systems Telephone Service 2580 54.60 Alice Cummings Reimbursement—Resource Documents 2581 1 ,067.72 Dennis Danielson Reimbursement—Conference Expenses 2582 846.52 The Darkroom Photographs 2583 300.00 Dillingham Associates Landscape Architectural Services 2584 85.00 Deirdre Dolan - Reimbursement—Local Meeting Expense 2585 10,767.00 Earthflow Drilling Company Construction Services—Well 2586 21 .90 East Palo Alto Water District Water Service 2587 20.00 Federal Express Corporation Express Service 2588 666,667.00 First American Title Insurance Roth Property Purchase (Big Dipper Company Ranch Interest) 2589 500,000.00 First American Title Insurance Coelho Property Purchase (Big Dipper Company Ranch Interest) 2590 750,000.00 First American Title Insurance Corte Madera Property Purchase Company '591 1 ,850.25 David B. Fisher Legal Services _0 5-02 1 11 .52 Forestry Suppliers, Inc. Field Supplies 1593 2,634.35 Robert M_ Garcia Construction Management Services 2594 347.01 Garcia Well & Pump Pump Repair 2595 492. 13 General Graphics Header for Portable Display 2596 61 .32 Gibson Studio Slides 2597 1 ,839. 19 Herbert Grench Reimbursement—Conference Expenses and Local Meeting Expense 2599 352-50 H & 8 Management Asbestos Inspection 2599 2,027.35 The Home Depot Supplies for Ranger Residence 2600 198.00 Honeywell Protection Services Burglar Alarm Maintenance Fee 2601 1 ,368.28 Jeda Publications Brochures 21602 206-96 Jobs Available, Inc. Advertisements '603 169.74 Kee-ble & Shuchat Photography Film, Slides and Processing 2604 400-00 Killroy Pest Control , Inc. Parking Lot Weed Control Claims No. 92-10 Meeting 92-13 Date: May 27, 1992 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2605 8,333.63 Dennis Kobza & Associates, Inc. Architectural Services--Ranger Residence 2606 242.61 Langley Hill Quarry Baserock 2607 350.00 Levinson Associates Training Session 2608 63.55 Los Altos Garbage Company Dumpster Rental 2609 19.43 McWhorter's Office Supplies 2610 179.00 MicroAge Computer Centers Equipment Repair 2611 600.00 Mobile Radio Resources License and Consultant Fees—Radio SystE 2612 71 - 17 Monogram Sanitation Sanitation Supplies 2613 1 ,160.00 NRPA Pacific Region Office Maintenance Management School Registration--P.Congdon & J.Kowale.ski 2614 6.90 Norney's of Mountain View Office Supplies 2615 106.79 Northern Energy Propane Fuel 2616 838-61 Office Depot Office Supplies 2617 1 ,367.15 Page & Turnbull , Inc. Architectural Services—Picchetti 2618 12,600-00 Plan Construction Company Construction Services--Picchetti Barn 2619 19.49 Rega l Dodge Vehicle Part 2620 311 .07 Rich's Tire Service Tires 2621 968-57 Roy's Repair Service Vehicle Maintenance and Repairs 2622 851 .60 San Jose Mercury News Advertisements 2623 67.00 County of San Mateo Permit Application 2624 96.88 Shell Oil Company Fuel 2625 41 .56 John Shelton, Inc. Culverts 2626 1 ,532.84 Signs of the Times Signs 2627 3,628.35 The Steinberg Group Architectural Services—Distel Circle 2628 280.00 Sterling Underground Construction Backhoe Rental 2629 97.00 Sunnyvale Medical Clinic Pre-employment Physical 2630 1 , 100.00 Tom's Well Service Well Pump Test 2631 104.00 United Parcel Service Delivery Service 2632 19.00 United States Department Resource Documents Of Commerce 2633 101 .22 University Art Center Drafting Supplies 2634 43.75 Whitmore, Johnson & Bolanos Legal Services 2634 725.92 Word Products Computer Supplies pplies 2635 110.96 The Workingman's Emporium Uniform Expense 2636 598.80 Yardbird Equipment Sales Field Equipment 2637 1 ,040.51 Robert McKibbin Reimbursement--Conference Expenses 2638 540-78 Design Concepts 20th Anniversary Invitation 2639 261 .78 Petty Cash Film and Developing, Resource Documents, Office and Field Supplies, Local and Out-cf-Town Meeting Expense, and Private Vehicle Expense Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-15 SUMMARY OF JUNE 24, 1992 REGULAR BOARD MEETING Proposed Addition of the County of Santa Clara (Azzarello) Property to El Sereno Oven Space Preserve -The Board adopted Resolution 92-28 authorizing purchase of the 27.88-acre property for $366,000, tentatively adopted the Preliminary Use and Management Plan including naming the property as an addition to El Sereno Open Space Preserve, and indicated its intention to dedicate the 25.4 acre parcel as public open space and withhold the five small non-contiguous parcels from dedication as public open space at this time. Proposed Addition of the McQueen Property to the Mt. Umunhum Area of Sierra Azul Open Space Preserve - The Board adopted Resolution 92-29 authorizing the purchase of the 45-acre property for $150,000, tentatively adopted the Preliminary Use and Management Plan including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, and indicated its intention to withhold the property from dedication as public open space at this time. Proposed Gift of Jones Property as an Addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve - The Board adopted Resolution 92-30 authorizing acceptance of the 2-acre parcel as a gift to the District, tentatively adopted the Preliminary Use and Management Plan including naming the property as an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve, and indicated its intention to withhold the property from dedication as public open space at this time. Amendment to the Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve and Authorization to Solicit Bids for Eucalyptus Tree Removal - The Board adopted the amendment to the Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve allowing for the removal of 19 stressed eucalyptus trees, saving the "owl tree" for one more year to see if the owl returns, and funding to build owl nesting platforms. The Board also authorized staff to advertise for bids for the removal of the trees and to publicize and solicit preserve users' comments about the proposed tree removal. Ranger Bicycle Patrol -The Board directed staff to study the use of bicycle patrols by rangers and report to the Board on September 9. Scheduling of Special Meeting on June 29, 1992-The Board scheduled a Special Meeting for Monday, June 29, 1992 at 7:30 P.M. to consider ward boundary adjustments, call a District election for wards 3, 4, and 7, and request consolidation services from Santa Clara and San Mateo Counties. Notice of Contract Completion and Acceptance of Work for Skyline Ridge Open Space Preserve Trail Development Project (LWCF 06-01240) - The Board adopted the Notice of Completion of Contract and Acceptance of Work and approved payment to Summit Springs Design. Update on State Budget Crisis and Impact on District - The Board authorized the Board president to sign a letter to Governor Wilson stating its opposition to any state budget proposal not providing full replacement of property tax revenues shifted away from non-enterprise districts. Emma Johnson Recording Secretary 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 Claims No. 92-11 Meeting 92-15 Date: June 24, 1992 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ---------- -------------------------------------------------- 2715 15.38 Advisory Publishing & Consulting Resource Document 2716 960. 13 Ralph Anderson & Associates Professional Services--ADA Compliance Analysis 2717 815. 10 Associated Construction Electrical Installation--Distel Circle 2718 157.00 Audio Visual Discounts Audio Equipment---Board Meeting 2719 32.50 Bay Area Ridge Trail Resource Documents 2720 1 ,731 .88 Best Sanitation Sanitation Services--Distel Circle 2721 9,988.48 Hinkley Associates Consulting Services--Skyline Water System 2722 4,030.15 Bofors, Inc. Printing--Master Plan 2723 5,910.00 Louis Bordi , General Engineering Roadway Grading 2724 16,976.82 Business Interiors Office Furnishings 2725 522.00 Campbell Towing Towing Services 2726 124 .30 Annette Coleman Reimbursement--Staff Activities 2727 238.83 Com Systems Telephone Service 2728 320.86 Edward L. Corekin Repairs--Former Smith House 2729 14,343.98 CRI/Office Pavilion Office Furnishings 2730 599.00 Alice Cummings Reimbursement---Film and Prints 2731 542.97 The Darkroom Photographs 11 , 150.00 Deloltte & Touche Auditors 2732 4,588.46 Design Concepts Consulting,Design and Production--Skyline Ridge Invitation and Brochure, Annual Report, Poster, and 1992 Openspace 2733 58.40 Deirdre Dolan Local Meeting Expense 2734 1615.00 Earth Systems Consultants Plan Review 2735 58.85 Jean Fiddes Private Vehicle Expense 2736 25.00 Flinn, Gray & Herterich Insurance 2737 201 .61 Forestry Suppliers, Inc. Field Supplies 2738 23.22 Foster Bros.Securitv Systems, lnc. Keys 2739 3, 125.00 Robert M. Garcia Consulting Services---Distel Circle 2740 548.75 Goodco Press Printing---Docent Activities and Newsletter 2741 540. 17 Gregg's Appliance Refrigerator---Enterprise 2742 86.69 Herbert Grench Local Meeting Expense 2743 107.45 Mary Gundert Private Vehicle Expense 2744 2,238.75 H & B Management, Inc. Asbestos Inspection Services--Quane, Chew and Beneficial 2745 868.27 Harrington & Associates Consulting Services--20th Anniversary 2746 206.50 Hengehold Motor Company, Inc. Vehicle Rental--20th Anniversary 2747 232.83 Hertz Equipment Rental Equipment Rental 2748 687.65 Interstate Traffice Control Signs 2749 75.00 JCP Engineers Plan Review 2750 1 ,977.73 Jeda Publications Printing----Letterhead and Brochures 2751 325.00 Johnson's Inspection Service House Inspection--Beneficial 2752 257.33 The Ed Jones Company Badges 2753 7,079.53 Dennis Kobza & Associates, Inc. Architectural Services--Ranger Facilities 2754 54. 15 Judy Law Private Vehicle Expense 2755 608.00 Los Altos Garbage Company Dumpster Rental *Emergency check issued on June 11 , 1992. Claims No. 92-11 Meeting 92-15 Date: June 24, 1992 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description ----------- ---------------------------- 2756 174. 18 Meyer Appliance Microwave--Distel Circle 2757 325. 18 Merwin Mace Private Vehicle Expense 2758 50.00 Municipal Management Assistants Advertisement of Northern California 2759 12,50 National Trust for Historic Resource Documents Preservation 2760 4,22 Noble Ford Equipment Part 2761 67.58 Northern Energy Propane Fuel 2762 52.00 Stanley Norton April Expenses 2763 740.38 Orchard Supply Hardware Field Supplies 2764 39,83 Pacific Bell Telephone Service 2765 187.05 Peninsula Times Tribune Advertisement 2766 247.46 PIP Printing Printing--Vidovich Assessment District Mailing 2767 200.00 Pitney Bowes, Inc. Maintenance Agreement--Mailing Machine 2768 153,05 Pitney Bowes Credit Corporation Mailing Machine Rental 2769 600.00 Portola Heights Property Owners Road Dues Association 2770 450.00 Price Club Field Supplies 2771 384,37 Roy's Repair Service Vehicle Repairs and Maintenance 2772 400.00 S & W Equipment Company Field Equipment 2773 146.33 Safety.-Kleen Corporation Solvent Service 2774 300.00 Santa Clara County Health Permit Department 2775 366,000.00 Santa Clara County Parks Purchase of County Property Department 2776 33.10 Shell Oil Company Fuel 2777 228.25 Sid's Custom Upholstery Upholstery for District Vehicle 2778 1_250.00 George Sipel Associates Professional Services 2779 1 ,864. 13 Jana Sokale Consulting Services---Russian Ridge 2780 5,238.28 Steinberg Group Architectural Services--Distel Circle 2781 2,380.00 Sterling Underground Construction Repairs and Pumping Septic Tank---Rancho 2782 44,631.30 Summit Springs Design Skyline Ridge Development Project 2783 100.51 Summit Uniforms Uniform Expense 2784 67.20 Taylor Rental Equipment Rental 2785 105.23 University Art Center Drafting Supplies 2786 8.96 Unocal Fuel 2787 414.08 Valley Safety Supply Company Safety Supplies 2788 150,000.00 Valley Title Company Property Purchase--McQueen 2789 340,61 Valley Tool & Manufacturing Fire Pumper, Supplies 2790 254.38 Word Products Computer Supplies "Emergency check issued on June 17, 1992, JUN 0 9 1992 Sunday, June 7, 1992 RESPONSE ACTION PROPOSED BY STAFF Director, Board President Acknowledge/Respond Mid Peninsula Regional Open Space District Director Acknowledge/Respond Old Mill Office Center Staff Acknowledge/Respond Building C, Suite 135 Draft Response Attached 201 San Antonio Circle Staff to be Directed to Prepare Draft Mountain View CA 94040 Response for Board Consideration per Board Directive(s) No Response Necessary Dear Sir/Ms: I live about 50 -75 yards from the boundary of the Open Space District and frequently take walks there. During one of my walks last week I saw another person walking and smoking within the park. The grass there is very tall and tinder dry and the opportunity for a disaster is clearly present. I called to him to put out his cigarette, and after some exchange of words, he did. I wondered how anyone could not be aware of the dangers of smoking in the Open Space this time of year. But, apparently, there are always some people. In a way his ignorance and (or) arrogance is understandable. What I can't understand is why Park Officials have not posted "NO SMOKING PERMITTED " signs within the Park or along the boundary. There are none on the boundary at the end of Mora Dr, which many people use as an entry way, and there are none on the walking trails. 1 think this is highly negligent on our Park Administration's part. I strongly encourage you to immediately post prominent NO SMOKING PERMITTED signs at all Park entrances (including that used at the top of Mora Dr.) and at frequent intervals along the trails. Sincerely yours, Edward G. Cristal 10755 Mora Dr. Los Altos, CA 94024 P H: 941-6551 cc: Supervisor Dianne McKenna Open Space 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Edward G. Cristal 10755 Mora Drive Los Altos, CA 94024 Dear Mr. Cristal: Thank you for your June 7, 1992 letter regarding "no smoking" signs on District preserves. The District's Board of Directors reviewed your comments at our Regular Meeting last night. At the start of each fire season, the District posts fire danger signs on all of its preserves. These signs include a notice that smoking is prohibited. Our staff posted the signs shortly after we received your letter. We appreciate your concern about protecting open space from fire hazards. Sincerely, Robert McKibbin, President Board of Directors RM:kh cc: Board of Directors 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 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-70 Meeting 92-15 June 24, 1991 AGENDA ITEM Proposed Addition of the County of Santa Clara (Azzarello) Property to El Sereno Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the County of Santa Clara property. 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to El Sereno Open Space Preserve. 3 . Indicate your intention to dedicate the main portion of the property as public open space. Indicate your intention to withhold the five small non-contiguous parcels from dedication as public open space at this time. DESCRIPTION (See attached map) This 27 .88-acre acquisition includes the main 25.4-acre parcel and five small non-contiguous parcels totaling 2 . 48-acres located west of Lexington Reservoir and south of El Sereno Open Space Preserve. These parcels are situated along the north side of Montevina Road on the prominent ridge between Lyndon Canyon and Trout Creek Canyon. These parcels are part of a larger 178-acre property recently acquired by Santa Clara County as an addition to the Lexington Reservoir Recreation Area. The County of Santa Clara will retain land to the south of Montevina Road; the District will acquire land to the north of the road. Lands of San Jose Water Works lie northeast of the property. Private property is located to the north. The topography of the main parcel is characterized by gentle to moderate slopes along the perimeter boundary surrounding a large relatively level area. Chaparral, the primary plant community, is interspersed with patches of grassland, scrub oak, madrone, poison oak, and bay laurel. An unsurfaced driveway extends through the northwest portion of the main parcel leading to an 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 R-92-70 Page 2 adjacent private residence. There are no structures on the property. There are currently no trails on the property. The small non-contiguous parcels are adjacent to Montevina Road. Their topography is generally steep and the vegetation is similar to the main parcel. The interest in acquiring these lands from the County of Santa Clara arises because of their relationship to El Sereno Open Space Preserve. Montevina Road is a logical boundary to create between County and District lands to facilitate use and management plans for both agencies. In cooperation with the county, the District hopes to someday provide a regional trail system through this property connecting the Lexington Reservoir Recreation Area to El Sereno Open Space Preserve. The property could provide an important trail connection to the Bay Area Ridge Trail which is proposed in the vicinity of Lyndon Canyon. USE AND MANAGEMENT PLAN Planning Considerations The property is in unincorporated Santa Clara County, within District boundaries. The zoning is Hillside (HS) , requiring a 20 to 160-acre minimum lot size. The property is part of the former Azzarello property purchased by Santa Clara County in 1991. The County purchased the land because of its close proximity to Lexington Reservoir County Park and Sanborn Skyline County Park. The Santa Clara County Trails and Pathways Plan identifies a proposed trail corridor in Lyndon Canyon connecting Lexington Reservoir County Park with Sanborn Skyline County Park. The proposed Bay Area Ridge Trail also follows this alignment. Acquisition of this property will help create an open space corridor linking Lexington Reservoir County Park with El Sereno Open Space Preserve. This property could also provide a link in a future regional trail connecting county park lands with El Sereno Open Space Preserve. This trail could begin near Lexington Reservoir on the county owned portion of the former Azzarello property. It could climb gradually to Montevina Road, cross the road, and extend through the proposed acquisition towards Trout Creek. In cooperation with San Jose Water Works, the trail could then follow the contour through the Trout Creek canyon and connect to the P.G. & E. service road located on El Sereno Open Space Preserve. An alternate parking area and trail access point could be located on the proposed acquisition, assuming that the regional parking area would be located in the Lyndon Canyon area. The Comprehensive Use and Management Plan review for El Sereno R-92-70 Page 3 Open Space Preserve is tentatively scheduled for September, 1993 . Preliminary Use and Management Plan Recommendations Dedication: Dedicate the main portion of this property as public open space in accordance with the terms of the agreement for purchase of the property. Indicate your intention to withhold the small non-contiguous parcels from dedication. This will allow the trade of development rights, or sale of a portion or all of these parcels, if the District is not successful in acquiring other necessary land in the area. The agreement restricts any such disposal or trade except for other open space lands within Santa Clara County. The County is agreeing to dedicate their portion of the property as a part of the cooperative agreement. Name: Name the property as an addition to the El Sereno Open Space Preserve. Signs: Install preserve boundary and private property signs where necessary. Site Emphasis Designation: Conservation Management Unit (CMU) Regional Trail Planning: Work with the county and San Jose Water Works in the development of a regional trail system linking County park lands with District lands. Public Safety Review: Staff has performed a preliminary inspection of the site and found no public safety hazards. TERMS AND FUNDING The purchase price of $366, 000 in cash is based upon the pro-rata share of actual net appraised value and purchase price when the county acquired this property from Mr. Azzarello. District staff has received and reviewed a copy of the appraisal and has concluded that the amount payable is fair and reasonable. FISCAL YEAR 1992-93 CASH EXPENDITURES FOR OPEN SPACE ACQUISITIONS Funds for the 1992-93 fiscal year - cash $5, 923, 000 Approved acquisitions (escrow closed) 690, 000 Approved acquisitions (escrow not closed) 2 , 546, 667 Santa Clara County property acquisition 366, 000 lRemaining cash balance for 1992-93 fiscal year $2 , 32 0, 3 3 3-J R-92-70 Page 4 Prepared by: Del Woods, Senior Open Space Planner Sheryl Marioni Cochran, Open Space Planner L. Craig Britton, Land Acquisition Manager Contact person: Sheryl Marioni Cochran, Open Space Planner i, �'Al ��' ^.*�� ,a�""1� �' 'n aas�G>•. __: ;i $ av �,� c°tiCSOGA aratoga• '-a y t1 E�fitt „s• / 9$ y RD rl .a • �; � 51 •°� �'^w7ow ,;. .r_. s sPR.N�Z !✓ •xaA Monte 1 3 Erou� a SelenD^ °,F "B usso . f EL SERENO ` 1 ✓&1�ci��(, MT EPLEASA`T Los �0Sat L-IO SMAN EL OPEN SPACE PRESERVE sal 6\ SKYLINE' ItaEJ1FMp — f I ER E/ _ �LnIROTOR M L O ¢t'.•U. q'K2 ! r .. .., / e�ro ^ Ar.ICNP��A VF-AM �,IT7M bRESE ;y3F•• p'''Q M'• � G 'LEKINOYfM/RES� �- Y 12 EL eao w � m AWeror D.TE h a Redwood s Heights Estates ,Holy Cily ::'T3:.ii.:;i+: NFL��' /� :�, / ) I' \ � ),�.l V!\• i si EL U6! ' 2 t O�Z a, .'I \ ` p� 216.�'•, 1 f :�: �£.i. � Y 2`' 'yM xx xky k . . ;. '" >„ ✓/ >c«>"� _.: OPEN S P EASEMACE 1 WATER WORKS _ • � �..��4.. •:.�, � !�,�( \1 ENT `y K£ '+'.:N:Miht: '"4 y''(.>2....:N',•i'.'YC:\VY� :v: �k I �1 `.� - \�,' M. e4 wax MONTEVINA ; T �i Its, D: Swlmm ng� i lr t ROAD p�, -_, � � 90G 5T,JOSEPH'S HILL SIERRA AZUL �;Xz : OPEN SPACE PRESERVE= OPEN SPACE PRESE �... : \�''1 �.\. r h �1 41. wy wA`:`.�"�.rsT•3L^, 21 it + , . SANTA CLARA �r U N1 Y PARKS L - .�.� Guarr3 eta P J � •LEXINGTON RES PROPOSED ACQUISITIONS s h UNTY PARK �r Lakeside d ::. :.. . ..:.< .. •Ro° Sch 1 it �-=/ � «:.. � �`:.•..:., � ,� -y Yam_` •n� .... _ •� �'�:, V1l�l�l „``'"" (_�. Reset PROPOSED ACQUISITIONS �. y !r @a.p� ..... � � �r, .a�+- �; LL NON-CONTIGUOUS SAN JOSE WATER WORKS servo r C) ,, _ \ iza 5 .+a. 2400, --�...h 'PARCELS) 0. tt ,ra. •. .. yv �I it n �- �.- ;- \ __._ '• a t .t x�Gs �` SITE MAP: PROPOSED ADDITION TO ""S.,M l n`•P PROP o ., EL SERENO OPEN SPACE PRESERVE }``� Alma o-;;, �., ",• -.Coll SCALE:1 E = K?000'' I'' RO ' 1 V NORTH "' �i�r4 '�. I s4 :.G;�,>..•� d l ;�'� �� DATE:JUNE 1992 n n- v` `,r •' nk° \ n 1 n , N'.- �' � � �-�� a •� ..y. 'raw(.. � �1�q�.� /`�.�+'�� RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE - LANDS OF THE COUNTY OF SANTA CLARA) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement between the County of Santa Clara and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1, 000.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction, if any. Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of $366, 000. 00 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1. 103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-71 Meeting 92-15 June 24, 1992 AGENDA ITEM Proposed Addition of the McQueen Property to the Mt. Umunhum Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of property owned by Loren R. McQueen et ux. 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 3 . Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached map) This 45-acre property is located in Austrian Gulch south of Mt. Umunhum and northeast of Lake Elsman. District land adjoins the property along a portion of its eastern boundary. Lands owned by San Jose Water Company surround the property on the remaining sides. Two forks of the Austrian Gulch Creek merge near the center of the property. The northern fork flows south through the upper portion of the property creating a steep lush canyon. Mixed evergreen forest dominates the area, and there is chaparral on the more exposed slopes. Douglas fir, California bay laurel and Sequoia redwood are abundant. Signs of past logging are common. No unusual plants or animals are known to be present on the site. A gravel road descending from Mt. Umunhum crosses the property near the intersection of the two creeks. This road has been maintained by the current property owner. The road deadends at an old pumphouse, just across the western property line. The pumphouse was once used to supply water to the Almaden Air Force Station. Southwest of the pumphouse, an abandoned road follows Austrian Gulch Creek to Lake Elsman. The road is currently impassible to vehicles because of several creek washouts and dense vegetation. It was originally built by German colonists who settled in the area in the mid 1800 's. The road could become an important regional trail connecting Los Gatos Creek Canyon with Mt. Umunhum and the Sierra Azul Ridge. Easement rights on 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,Gi nny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-71 Page 2 this road are unclear, and it will be important to clarify these rights with San Jose Water Company as a part of a cooperative effort to establish other patrol and trail rights of way in the area. There are no structures on the property. USE AND MANAGEMENT PLAN Planning Considerations The property is in unincorporated Santa Clara County, within District boundaries. Zoning is Hillside (HS) , requiring a 20 to 160-acre minimum lot size, depending on slope. The District's Master Plan rating of the property for suitability as open space is moderate. Santa Clara County's Trails and Pathway's Plan identified a potential trail corridor in Austrian Gulch, connecting Lake Elsman to Mt. Umunhum. The trail corridor follows the alignment of the old road leading to Mt. Umunhum Air Force Base. This is an important trail connection linking Sierra Azul Ridge with Los Gatos Creek Canyon. The Interim Use and Management Plan review for the Mt. Umunhum Area is tentatively scheduled for June, 1994 . Preliminary Use and Management Plan Recommendation Dedication: Withhold the property from dedication. This will allow the trade of development rights, or sale of a portion or all of the property, if the District is not successful in acquiring other necessary land in the area. Name: Name the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space preserve. Signs: Install private property and preserve boundary signs where appropriate. Roads: Maintain access road for patrol. Site Emphasis Designation: Conservation Management Unit (CMU) Public Safety Review: Staff has inspected the site and determined that there are no public safety hazards. There are an old pump house and four transformers on the adjacent San Jose Water Company property. These items are currently not in use. They once served the Almaden Air Force Station, and were abandoned when the District acquired the property. R-92-71 Page 3 TERMS AND FUNDING In addition to acquiring fee title to the 44.92-acre parcel, the District will receive a permanent patrol and non-motorized public trail easement over the McQueen property located immediately adjacent to the District's former Almaden Air Force Station property located atop Mt. Umunhum. The remainder of the length of this easement would have to be negotiated with San Jose Water Company. Also, the McQueens would provide water from their existing pipeline for up to two caretaker residences at Mt. Umunhum and a no-cost lease for the District's repeater at existing facilities of Communications and Control, Inc. Both of these latter rights are permanent, but on a 10-year renewable basis. Staff estimates that the water and repeater rights, if perpetual, have a present value of $60, 000 to the District with the land having a residual value of $90, 000, or approximately $2, 000 per acre. This amount is considered to be fair and reasonable relative to existing real estate market conditions. The total amount of $150, 000 would be payable in cash at close of escrow. FISCAL YEAR 1992-93 CASH EXPENDITURES FOR OPEN SPACE ACQUISITIONS Funds for the 1992-93 fiscal year - cash $5, 923 , 000 Approved acquisitions (escrow closed) 690, 000 Approved acquisitions (escrow not closed) 2 , 546, 667 Santa Clara County property acquisition, scheduled earlier in this agenda 366, 000 McQueen property purchase 150, 000 Remaining cash balance for 1992-93 fiscal year $2, 170, 333 Prepared by: L. Craig Britton, Land Acquisition Manager Sheryl Marioni Cochran, Open Space Planner Contact person: Same as above RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF REAL PROPERTY PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MCQUEEN) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Real Property Purchase Agreement between Loren R. McQueen et ux. as trustees and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of $150, 000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1. 103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-69 Meeting 92-15 June 24 , 1992 AGENDA ITEM Proposed gift of the Jones Property as an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS *�4 1. Adopt the attached resolution authorizing acceptance of gift of the Jones property. 2 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. 3 . Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION This two-acre property is part of "Camp Wilderness" , a subdivision proposed in 1911, but never developed. Located at the entrance to Limekiln Canyon east of Lexington Reservoir, most of "Camp Wilderness" is now owned by the Santa Clara Valley Water District and is presumably administered by Santa Clara County as part of Lexington Reservoir County Park. The subject parcel is located on the south facing slope north of Limekiln Creek. It fronts on the private road into Limekiln Quarry (called Magnolia Avenue on the old map) and is surrounded by private lands. Vegetation is a mixture of chaparral and mixed evergreen forest, dominated by coast live oak, bay, buckeye, coyote bush, poison oak, and blackberry. The "Camp Wilderness" property as a whole lies between two District preserves - St. Joseph's Hill Open Space Preserve to the west and the Kennedy Limekiln Area of Sierra Azul Open Space Preserve to the southeast. It includes a well developed riparian zone along Limekiln Creek, thick with sycamore, live oak, big leaf maple, and bay. An old road (Pine Grove Avenue) originally paved with asphalt but now overgrown, parallels the south side of Limekiln Creek through the property. This "Overgrown Trail" starts from Alma Bridge Road, passes through "Camp Wilderness" , and eventually ascends the south side of Limekiln Canyon, 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 ofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop R-92-69 Page 2 connecting with the P.G. & E. road east of Priest Rock. This trail receives use by mountain bicyclists and forms an important connection between the two District preserves. USE AND MANAGEMENT PLAN Planning Considerations The property lies in unincorporated Santa Clara County within District boundaries and within the sphere of influence of the Town of Los Gatos. The zoning is Hillside (HS) , requiring a 20 to 160-acre minimum lot size. The property received a high rating for suitability as open space in the District's Master Plan. Santa Clara County's Trails and Pathways Plan identifies a proposed trail corridor along the prominent ridge extending from Lexington Reservoir to El Sombroso. The "Overgrown Trail" described in this report provides alternative access to this major trail corridor from Alma Bridge Road, intersecting the corridor east of Priest Rock. Both trails connect Lexington Reservoir County Park to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. The District currently maintains the upper part of the overgrown trail which is on District land. The lower creekside portion is especially attractive, with an abundance of wildflowers and shady, mature trees. It could be cleared with a minimum of effort except where it crosses a recent large landslide underlain by serpentine soil. Permission would need to be obtained from the water district and the other intervening property owner. The Comprehensive Use and Management Plan review for the Kennedy Limekiln Area of Sierra Azul Open Space Preserve was last reviewed in May 1989. The next review is tentatively scheduled for November 1993 . Preliminary Use and Management Plan Recommendations Dedication: Withhold the property from dedication as public open space to allow for the trade of development rights, or sale of a portion or all of the property, if the District is not successful in acquiring other necessary land in the area. Name: Name the property as an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Signs: Due to the small size of the parcel and its isolation from other District lands, as well as lack of survey markers, preserve boundary signs will not be installed at this time. R-92-69 Page 3 Roads: There are no roads or trails on the gift parcel. Public Safety Review: Staff performed a preliminary inspection of the site and found no public safety hazards. The site is thickly vegetated and does not invite public access. TERMS AND FUNDING This property is being offered to the District as a cost free gift. Prepared by: Alice Cummings, Resource Planner L. Craig Britton, Land Acquisition Manager Contact person: Same as above. P®RN OEM".00—5 1 LU�) CRE WE]k4ma ma • WE@ PE "ANSmw rid= X al'UZUAAQ� • IKE wwwm , p- - W 15 m 1' 112.$W NOW 64-� wu 01PROPOSED ACQUIS TION JONES PROPERTY Va.' % HIMN 44- Q !Mw 0% MCI%, HA I RUL A, Tli, TRAIL; SITE MAP: NO PUBLIC -ACCESS----- — PROPOSED ADDITION TO THE C.M.U. CONSERVATION MANAGEMENT UNIT, (CURRENTLY NO:-PUBLIC ACCESS) � .\0 0 KENNEDY LIMEKILN AREA OF SIERRA AZUL OPEN SPACE PRESERVE North Scale: V = 2000' -0" June 92 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - JONES PROPERTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept, with gratitude, the gift of real property described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by a Gift Deed from Harley Dale Jones and Norma Jones, husband and wife, to the Midpeninsula Regional Open Space District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance for said Gift Deed conveying title to the property being donated to the District. Section Three. The General Manager or Assistant General Manager of the District shall cause to be given appropriate notice to the donors of the acceptance of this gift. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $1, 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. * * * * * * * * * * * Page 1 of 1 EXHIBIT A That certain real property located in the unincorporated area of the County of Santa Clara and being made particularly described as follows: Lots 183 and 184 of "Camp Wilderness" as the same is shown on that certain "Map of Camp Wilderness" as filed for record on September 22 , 1911 in Book N of Maps at Page 59 in the offices of Santa Clara County. APN: 537-6-012 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-72 Meeting 92-15 June 24 , 1992 AGENDA ITEM Amendment to the Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve and Authorization to Solicit Bids for Eucalyptus Tree Removal GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the amendment to the Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve to allow for the removal of eucalyptus trees. 2 . Authorize staff to advertise for bids for the removal of eucalyptus trees at Rancho San Antonio Open Space Preserve in accordance with plans contained in this report. USE AND MANAGEMENT PLAN SUMMARY The Comprehensive Use and Management Plan for Rancho San Antonio was adopted at your April 25, 1990 meeting (see report R-90-11 dated April 13, 1990) . The following amendment is being recommended for inclusion in the plan under Natural Resources and Agricultural Management considerations. The hazardous eucalyptus trees Adoption: Proposed located along the main trail between Scheduled; 1992 the ranger facility and Deer Hollow Cost: $25,800 Farm will be removed. The tree Construct: 2> weeks where the owl has previously nested will remain until such time as staff can determine that the owl will not return. Discussion: Staff assesses the need for tree trimming at Rancho San Antonio Open Space Preserve on an annual basis. This year, the eucalyptus trees located between the ranger facility and Deer Hollow Farm have shown alarming signs of stress in the form of numerous dead branches and extensive sprouting on the trunks and major branches. The eucalyptus trees were severely damaged by the 1990 freeze, creating a potential hazard to trail users from falling limbs. These trees are of particular concern because an estimated 8, 000 visitors use the adjacent trail each week; 1000 of those visitors pass under the trees on an average weekend day. 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 R-92-72 Page 2 The eucalyptus trees have historically been a problem at the preserve. A few years ago, one of the larger trees fell across the trail and creek, landing in the ranger facility and crushing a vehicle. Visitors have reported limbs falling close-by while they are passing through this area. An ongoing tree maintenance program has been in place for the last five years to reduce the hazard associated with eucalyptus limbs falling on the adjacent trail. Staff has not previously recommended removal of the trees since they provide habitat for various birds, including a great horned owl that has nested directly above the trail. In researching potential alternatives to reduce the potential hazard, staff consulted an arborist to determine the condition of the trees. Additionally, a wildlife biologist was consulted about concerns over continued nesting habitat. Both of these reports are available for public review. The studies address the following questions and concerns and are summarized below. Questions and Concerns ■ What is the extent of the problem? Which trees are most hazardous to the public? ■ What is the best method of reducing the hazard - trimming, cabling, partial or total removal? When would be the best time for the work to take place? How can we insure the problem will not recur? Consider environmental impacts, public safety and cost, both short and long term. ■ What environmental impacts would result from a tree removal program? Consider visual impacts, effects on neighboring vegetation, impacts on wildlife, impacts on visitor use. What would be the impact on owl nesting success? ■ How could environmental impacts of such a program be mitigated? Consider cost of materials, labor, and maintenance. What would be the appearance of the area both immediately and eventually? Arborist Report On January 23 , 1992 an arborist from Barrie D. Coate and Associates conducted a thorough inspection of eucalyptus trees in Rancho San Antonio Open Space Preserve. The arborist identified 20 mature Tasmanian Blue Gum (Eucalyptus globulus) with serious structural problems. The trees are all located near the main entrance road-trail between the ranger office and the blacksmith barn in Deer Hollow Farm. Their major branches are covered with a dense growth of shallowly anchored sprouts, produced in response to stress. As they grow, these sprouts add unnatural end weight to the limbs. This end weight, combined with eucalyptus' naturally weak branch structure and tendency to drop limbs to conserve moisture, creates a hazardous situation in this heavily used trail corridor. R-92-72 Page 3 Coates recommends removal of all 20 trees with the exception of the owl tree. Trimming the limbs is only a temporary solution. It stimulates sprouting, posing a continual maintenance problem. Cabling is expensive and needs maintenance and repair every two years. Other disadvantages of eucalyptus are their high flammability, invasiveness and inhibition of the growth of native plants. Long shreds of bark and sprouts on tree trunks create ladders of fuel into the tree crowns, while the stump sprouts and leaf, branch and bark litter greatly increase the volume of ground fuel. This non-native plant material is not as susceptible to native decomposers as is native plant material and therefore accumulates, increasing fire hazard. Owl Study Joe DiDonato, a wildlife consultant, evaluated the impacts of a tree removal program on owl nesting success. His report points out that great horned owls are adaptable and opportunistic birds, common near urban areas. They do not build their own nests, but use nests built by other raptors. They also take advantage of potential nest platform sites such as the lopped-off trunks of topped eucalyptus. DiDonato recommends removing all eucalyptus but the owl nest tree, topping it 25 to 30 feet high to remove hazardous branches, and allowing new growth (10+ feet above the nest) to form a canopy around the main trunk. Additionally, artificial nesting platforms could be placed in nearby healthy oaks. The tree removal should be scheduled after the nesting season (February - July) , preferably in August, 1992 . If the owls do not return to the nest tree in 1993 , it should also be removed. Revegetation Plan Barrie D. Coate and Associates are preparing a revegetation plan to restore a natural appearance to the tree removal area. Vegetation native to similar nearby areas will be planted. The revegetation plan will specify plant species, numbers, and planting sites. It will demonstrate the visual impact of eucalyptus removal and the eventual appearance of the revegetated area. The plan will be designed to use volunteer help with both installation and maintenance in order to reduce costs. The revegetation plan will be presented to you when staff returns with the recommendation to award a contract for removal of the trees. Cost Analysis Eucalyptus removal would cost from $1, 000 to $1,200 per tree. The maximum cost for removing all 20 trees would be $24, 000. If 19 trees were removed and the owl tree remained for at least one year, the maximum cost would be $25,800. There is $28, 000 allocated in the fiscal year 1992-1993 budget for this project. Safety pruning and cabling of the owl nest tree would cost $1,50 to $3, 000 initially, with an additional $800 to $1,500 each year for two R-92-72 Page 4 years to complete restructuring of the tree. Subsequent pruning maintenance would cost $800 to $1, 500 every two years. The maximum cost of keeping the owl tree would be $6, 000 for three years, with the cost thereafter dependent on the life of the tree. Over two years, the total cost of removing 19 trees and keeping the owl tree for two years would be $27,800. This includes an annual cost of $500 for stump maintenance, assuming there is no feasible method of treating the stumps. Three alternative approaches to the proposed tree removal have been investigated. 1st Year Cost 2nd Year Cost Benefits Remove all trees $24,000 $500 One time closure in FY 1992-1993 20 at $1,200 each Maintenance Remove all trees $25,800 $2,000 Allow 1 more year except owl tree 19 at $1200 each Trim 1 at $1,500 for owl to return in FY 1992-1993 Trim 1 at $3,000 Maintenance Remove 1/2 trees $22,200 $11,000 Visibly not as in FY 1992-1993 10 at $1,200 each 9 at $1,000 each severe;restoration Retain owl tree Trim 9 at $7,200 rim 1 at $1,500 will begin before Remove 1/2 trees rim 1 at $3,000 aintenance all trees removed in FY 1993-1994 Recommendation After considering the options described in the arborist's report and taking into account the biologist's report, staff recommends removal of all eucalyptus trees identified in the Coates study, with the exception of the owl tree. The owl tree should be treated as follows: ■ Remove all deadwood and significantly reduce the end weight on all of the major horizontal limbs this year. ■ If the owls return in 1993, install cables on two major horizontal limbs to improve the tree's stability. ■ If the owls do not return in 1993 , remove the tree. Deer Hollow Farm staff and management agree that the eucalyptus trees should be removed and request the work be completed in August 1992 to avoid conflicts with their numerous programs. August removal would also allow revegetation to take place after the first fall rains. Removal of all the trees at once will be less intrusive to public use of the area, will permit orderly revegetation, and will also be less costly. The trees should be cut up or chipped and removed from the site to prevent reseeding. Associated eucalyptus litter should also be removed. The bidding process will include an alternate bid for treatment of the stumps. Mechanical stump removal or biodegradable R-92-72 Page 5 herbicides will be needed to prevent continual resprouting. As part of the revegetation program, any new eucalyptus sprouts should be removed on an ongoing basis. A public information meeting will be held on site prior to staff returning to the Board for the award of contract. The purpose of the meeting will be to discuss the project with interested preserve users and receive public comment prior to the Board's final consideration. Environmental Assessment The removal of 20 large eucalyptus would have a major visual impact upon the most heavily used area of the preserve: the entrance to Deer Hollow Farm. This impact must be weighed against the present and future hazard to visitors from falling branches. The extremely high numbers of visitors using the trail result in high exposure to the hazardous trees and justify the proposed tree removal program. The eucalyptus removal could result in a limited short-term increase in dust emissions from tree cutting and equipment access to the site. Tree removal would involve short-term noise and soil disturbance. The trail and Deer Hollow Farm would need to be closed during the tree felling period. The tree removal would reduce shade and increase germination of plants requiring sun. It may remove nesting and perching sites. It also may temporarily reduce the numbers of invertebrates and birds using the area. Eucalyptus trees, although non-native, offer a rich source of nectar and pollen which attracts a great variety of insects. Birds and other animals feed on the insects and some of them directly on the nectar. They produce an abundant seed crop fed upon by a variety of birds, some mammals (squirrels, etc. ) and invertebrates. However, the revegetation plan is designed to restore the riparian and oak woodland communities originally occupying the area. These communities are considered to be richer in both species and "attractiveness" to wildlife than eucalyptus forest (Stebbins, 1975) . Tree removal will remove the hazard to visitors from falling limbs. It also will reduce the fire hazard in the vicinity of Deer Hollow Farm. CEQA Compliance The project is determined to be Categorically Exempt under the guidelines of the California Environmental Quality Act. Prepared by: Annette Coleman, Supervising Ranger Del Woods, Senior Open Space Planner John Escobar, Operations manager Alice Cummings, Environmental Analyst Contact: Annette Coleman, Supervising Ranger ---BARRIE D. ` ATE` and ASSOCik fES Horticultural Consultants 408-353-1052 23535 Summit Road.,Los Gatos,CA 95030 t . INSPECTION OF EUCALYPTUS TREES . AT RANCHO SAN ANTONIO OPEN SPACE PRESERVE LOS ALTOS, CALIFORNIA - On January' 13, 1992, our firm inspected some of the Tasmanian Blue Gums, Eucalyptus globulus, at the San Antonio.Mid-Peninsula Open Space Preserve, Los Altos. These 20 mature trees suffered damage in the December 1990'freeze, and have some serous structural problems. - Removal of. all 20 trees except tree #17 is' . recommended. General Comments - - TASMANIAN BLUE .GUM Tasmanian. Blue Gum; Eucalyptus globulus,`is a very•,large,,fast growing evergreen tree• common in California. Sizable plantings'were installed;over Vast tracts of land around ` _ - ; 'the turn of the century. It grows very quickly in ;our high nitrogen'soils,' and develops 'a weak branching structure. IThis species,'like most Eucalyptus, tends to drop limbs.. In Australia,"it is said that the trees will'shed-limbs in response to drought stress, as'a moisture conserving measure. Older specimens can some be retained if cables are installed andlor en dweight is removed. 'The roots,are highly invasive and fast growing.- When;drought stressed;the entire tree can burn like a torch. If the shedding bark is allowed to accumulate, the fire danger is accentuated. y 4 The species is damaged when the temperatures drop to approximately220 F. Severe freezes in 1932, 1972, and 1990 damaged limbs and trunks of trees, and trees were often topped. A co-dominant leader structure often resulted from the process,of freeze damage and topping. This species can reach heights of 100 feet or more. It sheds flowers, seed capsules, and long strips of bark. It also can become a pest by reseeding into the landscape. When it re-seeds into native landscapes, it crowds out native species. Unfortunately, most of these Tasmanian Blue Gum were so severely damaged in the frost that they will become on-going hazards. The branches which have sprouted the length of all of the major limbs of these trees. These sprouts are shallowly anchored Removal of these Tasmanian Blue Gums will allow native plants to replace them. INSPECTION OF EUCALYPTUS TREES AT RANCHO SAN ANTONIO OPEN SPACE PRESERVE LOS ALTOS, CALIFORNIA CABLING Any new cabling system installed should utilize stainless J- lags, and ultra-high strength 1/4" cable. All cables should be installed by companies with International Society of Arboriculture Certified Arborists on staff. Cabling systems should be maintained and repaired every two years, to maintain maximum effectiveness Tree #17, Tasmanian :Blue Gum Tree #17 has a;pair of owls which annually return-to nest in a crotch approximately 15', above grade. This tree has co-dominant leaders, and is in poor condition structurally, as are all of these Eucalyptus. ' It is important to minimize the hazard that this tree presents, since this tree is growing immediately adjacent to the access road heavily used by many pedestrians.,'. Fortunately, although this tree suffered some frost damage, enough of a structure remains that it should'be possible to re-structure the tree, and minimize the hazard utilizing cables and removal of endweight. Several options exist: 1) Remove the tree entirely. This would remove all potential'hazards, but would also remove the nesting site. This is the safest and least expensive route in the long term. 2) Top the tree immediately above the owl nesting site, approximately 20' above grade. This would reduce the potential hazard to near zero, but would severely depreciate the aesthetic value of the canopy. 3) Top the tree at approximately 50' above grade. This would allow the tree to maintain some aesthetic value, while reducing the potential hazard. Annual pruning would be required to shorten and thin the resulting sprouts, and keep the potential hazard to a minimum. It should be emphasized, however, that potential hazard still exists with this option, because of how shallowly anchored the sprouts would be, and the decay which would occur at the branch ends. There is no guarantee that those sprouts would not split out. 4) Maintain the tree at its present size. 'Remove all deadwood.- Significantly reduce the endweight on all of the major horizontal limbs of the tree.' Place a cable in each of the -2- INSPECTION OF EUCALYPTUS TREES AT RANCHO SAN ANTONIO OPEN SPACE PRESERVE - LOS ALTOS, CALIFORNIA two long, major horizontal limbs which overhang the road on the south side of the tree, between the main trunk and each limb. Start the process of re-structuring. Option '#4 would require a significant -initial investment of money, probably $1500- $3000. In each of the two years following the initial pruning, another $800-$1500 would have to be spent on re-structuring the tree. Once the re-structuring process was completed,1800-$1500 would have to be spent Ion pruning every two years, to prevent sprouts from becoming heavy, and splitting off. These dollar figures are not from any quotes, but are simply educatecrguesses. - It should be accented that'it is the nature of this species to drip branches, particularly shallowly anchored sprouts.: Even with the expenditures cited above, branches may still split out. Such pruning only minimizes the possibility of limb drop. If Option #4 is deemed too costly, or too potentially hazardous, Option #2 would reduce the"risk to low levels, while leaving the nest intact If this option-is chosen, the sprouts which will result from this topping should be removed every 3 years to prevent limb droppage , Tree #18, Tasmanian_, .Blue °Gum This tree has a similar structure to tree #17, and suffered a relatively small amount of freeze damage. Unfortunately, it was damaged on the south side.of its trunk at grade level some years ago, and decay,has resulted. Its removal has been recommended. Please call our office if you have further questions. Respectfully submitted, Terence E. Welch TEW:la Enclosures: Evaluation Charts Chart Definitions Sketch Photos -3- -Evaluation of a Great Horned Owl (Bubo virginianus) Nest at Rancho San Antonio Open Space Preserve Mountain View, California April 31 1992 Joseph E. DiDonato Wildlife Biologist bio u4 Wildlife Photography & Consulting 95 Moss Avenue • Suite 3 • Oakland, California 94610 • (510) 420-8879 project Statement: A pair of great horned owls successfully nested in a blue gum eucalyptus tree(#17, Coate & Assoc. ) near the Ranger station in Rancho San Antonio Preserve in 1991, fledging at least one chick. Apparently, the nest is occupied again this year as an adult bird has been seen perched in the crotch of the tree which held the former nest. Concerns about the hazards posed by the condition of the nest tree, showing signs of poor health and advanced decay, have initiated plans to remove, prune or artificially stabilize the tree using wire cables. In addition, 19 other eucalyptus trees in the park are to be removed for health and safety reasons. The conspicuous owl nest was a focal point for many of the park's visitors and there are concerns by park staff that a tree removal program may have a deleterious effect on the future nesting success of this owl pair. I evaluated the nest site and surrounding habitat on April 3 , 1992, to develop management options for park staff and to determine what, if any, significant impacts a hazardous tree removal program would have on these owls. Background: The great horned owl is the most common owl in North America ranging from Alaska south to Mexico. It is a highly adaptable and tolerant species that can be found in nearly every habitat type and is commonly recognized in the urban interface. The owl 's diet consists of rodents, birds, small mammals and snakes and it is one of the few predators that will regularly catch and eat skunks. Owls do not build their own nests but tend to occupy old nests of other raptors and corvids(hawks and crows) . Horned owls may also force these birds to abandon a nest site through direct conflict or by nesting much earlier in the season. Occasionally, horned owls nest where there has been no former structure as is the case with the nest in tree # 17. These owls have nested in the debris and leaves gradually accumulated in the main crotch of the tree. I have documented similar horned owl nests during a survey in Solano County in 1988 (See Attachment 1) . During the same survey, another horned owl nest was located on the top of a eucalyptus tree that had been lopped off and several branches had grown up around the main trunk(See Attachment 2) . This emphasizes that the great horned owl is very tolerant of modifications and quite obviously takes advantage of modified trees that still offer nesting sites. Legal Status: The great horned owl is protected by the State as a native bird and it is unlawful to kill or capture this species without proper permits. A nest is considered active while occupied by adult birds, eggs or young. Nests or nest trees that are not occupied can be removed by the property owner without acquiring any special permits from the California Department of Fish & Game(Terry Palmisano, pers. comm. , CDFG, Region 3 , wildlife biologist) . summary: A hazardous tree removal program aimed at removing the eucalyptus trees identified in the report by Coate & Assoc. , should have little effect on the future nesting abilities of the great horned owls currently located in tree # 17. There is an abundance of other habitat(oak woodland and California bay laurel trees) in which there are suitable nest sites for these owls. Several other raptor species were seen or can be expected in the area which typically build new nests every season. These include Cooper's (Accipiter cooperi) , sharp shinned(Accipiter striatus) , red- tailed(Buteo jamaicensis) and red-shouldered hawks(Buteo Lineatus) . Former nests of these species should be readily available to the owls. Any removal or pruning of the nest tree should take place only after the nesting season(February - July) when the owls have vacated the nest. In addition, this will allow enough time for any other bird species possibly nesting in the eucalyptus trees to have fledged young and left their nests. I offer recommendations for establishing nesting platforms in the vicinity of the eucalyptus trees, if desirable, in the section below. Nest Tree Management options: 1. Remove all eucalyptus trees and establish artificial nesting platforms in one or two of the larger oaks near the former nest tree(See Attachment 3) . These nest platforms can be filled with sticks and leaves as substrate for future nests available to the owls. Platforms should be placed in a secondary branch at least 20 feet high offering a partially closed canopy facing north or east. 2 . Remove all eucalyptus trees except tree # 17. This tree should be lopped off at 25 to 30 feet high and new growth should be allowed to form a canopy around the main trunk. This would allow for future nesting in the same location if the owls chose to persist and would also remove any immediate hazards to park visitors. In addition, nesting platforms can be established in nearby healthy native trees. 3 . Remove all eucalyptus trees except tree # 17. This tree should be left as is and stabilized with wire cable. Some minor pruning of dead branches during the non-nesting season is appropriate. Recommended option: The preferred option is # 2 . If the owls do not nest in the modified tree # 17 or if they are observed nesting elsewhere in the Spring of 1993, the remaining portion of tree # 17 can be removed. mahbob CITY OF MOUNTAIN VIEW 4 IN Community Services Department • Recreation Division 201 S.Rengstorff Avenue • Post Office Box 7540 • Mountain View,CA 94039-7540 • 415-903-6331 • FAX 415-962-1069 May 4, 1992 Ms. Annette Coleman Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C135 Mountain View, CA 94040 Dear Annette: We are glad to hear the Eucalyptus Tree Removal Program will be getting underway soon. If at all possible, we would appreciate if it could start before or after our Summer Day Camp Program. Our Day Camp Program schedule is as follows: June 15, 1992 to June 19, 1992—Staff Training June 22, 1992 to July 31, 1992—Summer Camp Your cooperation will be appreciated. Sincerely, hc'�-1 Jack B. Smith Recreation Supervisor JBS JTJH 223-5-1-92L Rentited Papt'r Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R--92-75 Meeting 92-15 June 24 , 1992 TO: Board of Directors FROM: H. Grench, General Manager SUBJECT: Ranger Bicycle Patrol Director Duffy has requested that this item be placed on the agenda for discussion purposes . 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 Open Space R-92-73 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 92-15 June 24, 1992 AGENDA ITEM Scheduling of Special Meeting on June 29, 1992 GENERAL MANAGER'S RECOMMENDATION Schedule a Special Meeting for Monday, June 29, 1992 beginning at 7: 30 P.M. at the District office for the purpose of considering ward boundary adjustments, calling a District election in Wards 3 , 4, and 7, and requesting election consolidation services in Santa Clara and San Mateo Counties, as well as other agenda items. Discussion: A Special Meeting needs to be held prior to July 1, 1992 to consider proposed ward boundary adjustments based on 1990 census data, we well as call a District election for Wards 3 , 4, and 7 and request appropriate consolidation services for Santa Clara and San Mateo Counties. In addition, other agenda items that would have been considered at your first regular meeting in July may be placed on this special meeting agenda. Your July 8 meeting will be devoted to the Vidovich assessment district protest hearing. Prepared by: Jean H. Fiddes, District Clerk Contact person: Same as above 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 Mc Kibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-74 Meeting 92-15 June 24 , 1992 AGENDA ITEM Notice of Contract Completion and Acceptance of Work for the Skyline Ridge Open Space Preserve Trail Development Project (LWCF 06-01240) GENERAL MANAGER' S RECOMMENDATION 1 . Adopt the attached Notice of Completion of Contract and Acceptance of Work on the Skyline Ridge Open Space Preserve Trail Development Project. 2. Approve payment of $44 , 631 . 30 to Summit Springs Design. Discussion: At your March 25, 1992 meeting you awarded the contract for the Skyline Ridge Open Space Preserve Trail Development Project to Summit Springs Design (see report R-92-42) . The project was completed on June 12, 1992 . District staff and inspectors from the San Mateo County Building Department have inspected the work and found it to be complete as designated in the plans and specifications . During the course of construction, change orders totalling $15, 165. 00 were issued. This increased the total cost of the project to $65 , 157 .00 . Change orders covered modifications resulting in savings on some aspects of the project and additional drainage repair work that was not anticipated when the plans and specifications were prepared. The grant is for $28 , 380 . 00 . The District is required to match an equal amount of money. The bridge constructed over the spillway at Horseshoe Lake was not included in the grant project . The amount of this project that is applicable to the grant is $51 , 254 .00 . Additional trail work completed earlier this year will comprise the remainder of the grant funding. Ten percent of the project cost was withheld in accordance with the contract documents and specifications . A check for the remaining $4 , 995.70 will be issued in 35 days. This allows adequate time to review evidence that all payrolls , material bills and other indebtedness connected with the project have been paid. Other project costs include approximately $3 , 000 . 00 for engineering inspection services , and testing services . Prepared by: Mary Gundert, Open Space Planner Contact: Same as above 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 inny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the Midpeninsula Regional Open Space District, as Owner therein and Summit Springs Design as Contractor therein, bearing the date April 9, 1992 for construction of Spline Ridge Open Space Preserve Trail Development Project and appurtenant facilities upon lands of said District known as Skyline Ridge Open Space Preserve situated in the City of n/a , County of San Mateo State of California, was completed as called for and in the manner designated by the plans and specifications by the said Contractor, on the 9th day of lone, 1992 Upon said contract, American Motorists Insurance Company was surety on the bond given by said Summit Springs Design the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title That the address of said Midpeninsula Regional Open Space District is 201 San Antonio Circle, Building C, Suite 135, Mountain View, CA 94040 IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and given on the 24th day of tune, 1992 , authorizing and directing the execution of this instrument, the said District has caused these presents to be executed in its name, authenticated by the signature the President of the said Board of Directors this 24th day of tune, 1992 BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT President, Board of Directors 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,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-92-78 Meeting 92-15 June 24 , 1992 EMERGENCY AGENDA ITEM Update on State Budget Crisis and Impact on D ' s ' ct ASSISTANT GENERAL MANAGER ' S RECOMMENDATION Authorize the President of the Board to sign 1 tter to Governor Wilson on behalf of the Board. This letter will state the Board ' s opposition to any budget proposal that does not provide a sure and expedient method of fully replacing any property tax revenues shifted away from non-enterprise districts . Prepared by: Malcolm Smith , Public Affairs Manager Contact person: Craig Britton, Assistant General Manager 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 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 24, 1992 Honorable Pete Wilson Governor, State of California State Capitol Sacramento, CA 95814 Dear Governor Wilson: Your budget proposal released last Friday included shifting $1 billion of city, county and special district property taxes to other areas. The Midpeninsula Regional Open Space District Board of Directors has taken a formal position in opposition to this or any budget proposal that does not provide a sure and expedient method of fully replacing revenues to non-enterprise districts such as ours. This proposed reduction could amount to over 25% of the District's projected property tax revenues of $9.7 million in fiscal year 1992/93, and would have a devastating effect on our program. The estimated $2 .5 million reduction would cause the District to curtail all new acquisitions of open space, to consider the possibility of extensive staff reductions and to look at significantly reduced maintenance and/or closure of open space preserves. In addition, this funding reduction would inhibit our ability to borrow money or issue bonds for further open space acquisitions. There are no other viable means of replacing this revenue for the Midpeninsula Regional Open Space District. When approximately 84% of the District' s property tax revenues were lost as a result of Proposition 13 , "bailout" funding was made available through AB 8 to replace some of that lost revenue. This funding has now become an integral part of our annual budget, and is depended upon for the continuation of our open space program, as mandated by the voters in 1972 . The "local allocation fund" included in the budget proposal does not set any clear guarantees that any of this funding will be replaced. 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 June 24, 1992 Governor Pete Wilson Page -2- The Board of Directors of the Midpeninsula Regional Open Space District urges you to reconsider any budget proposal that removes funding for non-enterprise districts without a mechanism for full, expedient replacement. Sincerely, Robert J. McKibbin President, Board of Directors Midpeninsula Regional Open Space District RM/mcs cc: Senator Al Alquist Assemblyman Dominic Cortese Assemblyman Tom Hannigan Senator Gary Hart Senator Frank Hill Assemblyman Ted Lempert Senator Becky Morgan Assemblyman Charles Quackenbush Assemblyman Byron Sher Assemblyman John Vasconcellos Assemblywoman Cathie Wright 9164414925 JACKSON-BARISH F-91E 509 P-001/003 JUN 22 '92 09:52 S .DI ,-xj •Jackson, Barish & Associates TRANSMITTED VIA FACSIMILE fune 22, 1992 TO: ELDON NAGEL 916-368-8191 CATHERINE SMITH 916-442-0382 DAVID NAGLER DON ELIASON 916-393-8624 RALPH MILLER 916-823-3935 JACK BENNETT 415-323-9129 RANDY GRAHAM 805-566-2456 BOB HAMILTON 916-991-0179 HERB GRENCH 415-949-5679 BILL ROSS 213-892-1592 MIKE GEORGE 510-930-5592 FROM: RALPH A. HEIM RE: LEGISLATIVE ALERT A number of major budget-related developments occurred Friday, June 19, 1992. First, the Governor and Republican leadership released a Budget proposal that would shift $1 billion of city, county and special district property taxes to schools. The remaining $1.7 billion of local agency property taxes would be placed in a county-wide "local allocation fund" from which all local agencies would be eligible for an allocation. The only details available on this proposal are contained in the one-page attachment. The Department of Finance told us that this proposal does not include the enterprise special district property tax shift as proposed in AB 3214, as the Governor has taken the proposal "off the table." Also on Friday night, the Budget Conference Committee adopted the Budget Bill on a 4 to 2 vote. The special district property tax shift was explained as follows: 1. Shift the enterprise special district property taxes to schools over a two-year period; Governmental 916 442-4584 770 L Street Affairs Fax Sacramento,CA 9164414925 SRJ. JACKSON-BARISH F-916 T-509 P-002/003 JUN 22 '92 09:53 LEGISLATIVE ALERT June 22, 1992 Page 2 2. Shift city, county and non-enterprise special district property taxes to schools over a 3-year period; and, 3. The non-enterprise special district property taxes would "balloon-up" over the 3-year period, shifting less in the first 2 years and the remainder in the final year. Under both plans, non-enterprise special districts lose their entire Proposition 13 bailout (Special District Augmentation Fund),which is estimated at $320 million. On Sunday, I met with the Assembly Local Government Committee staff in an attempt to protect special districts that have few, if any, revenue-raising options available to replace their property tax revenues. We will continue to work with them today toward that goal, but I am not optimistic that we will agree on options that are politically attainable. The Democratic leadership plans to bring the Budget, adopted Friday night, to the Floors for a vote this week. Therefore, we need you to contact your legislators at once and urge them to reject any Budget proposals that do not provide replacement revenues for all special districts that lose their property tax revenues. Many legislators have requested that we not use their fax machines, so please attempt to call their offices and follow-up with overnight letters. Provide your legislators with as much fiscal impact data as possible. These next few days are critical for special districts, so please contact your legislators at once. RAH/kmg Attachment 9164414925 SRJ. JACKSON-EAR1SH F-916 T-509 F-003/00:3 3UN 22 `92 09:54 Local Finance Reform 1. Change the Property Tax Allocation Formulas to Shift Schools. Revenues will be reallocated from Billion to cities, counties and special districts based on their proportionate share of the bailout money. (The $1 billion passes through to the state General Fund. ) 2. Create a Local Allocation Fund. Allocate the balance of the Proposition 13 bailout money ($1.7 billion) to a countywide "local allocation fund. " All local agencies in the county may qualify for distributions from theshall local allocation fund. Allocations from the fund be made by consent of the local agencies. 3. to cities, counties and special Provide Mandate Relief districts by: o Authorizing Retirement cost Reforms, o Authorizing Disability Reforms, • Repealing Section 17000 of the Welfare and Institutions Code, • Repealing the Beilenson Act requirements, • Repealing maintenance of effort requirements for Propositions 99 and 108/111, and o Reforming Workers Compensation. 4 . Provide Local Governments with New Tax Authority. o Cities: Increase Bradley-Burns rate 0 Counties: Grant charter city tax authority and increase Bradley-Burns rate 9164414925 Sk,. JACKSaN-GARISH F-144 �06 P-001/006 JUN 24 '92 S acks()n, garish & Associates TRANSMITTED VIA FACSIMILE June 24, 1,992 TO: ELDON NAGEL 916-368-8191 CATHERINE SMITH 916-442-0382 DAVID NAGLER DON ELIASON 916-393-8624 RALPH MILLER 916-823-3935 JACK BENNETT 415-323-9129 RANDY GRAHAM 805-566-2456 BOB HAMILTON 916-991-0179 HERB GRENCH 415-949-5679 BILL ROSS 213-892-1592 MIKE GEORGE 510-930-5592 FROM: RALPH A. HEIM RE: DEMOCRATS' BUDGET PROPOSAL Attached is the local government component as proposed by the Senate and Assembly Democrats. Note that the first-year hit on non-enterprise special districts is $136 million. Based on a 3- year phase-out, it assumes the same amount in years 2 and 3. The enterprise special district shift is over 2 years at $175 million per year. Finally, please note the provision granting LAFCOs authority to_ initiate special district consolidations. The Senate failed to pass the Budget Conference Committee report yesterday, which is almost identical to the Democrats' package attached. The vote was 22 to 13. The Budget will be considered again -- exactly when is anyone's guess. The Assembly will amend a number of the Budget trailer bills today, including the local government proposal attached. After it is amended, they may or may not vote on the bill. I wrill continue to provide updates as new information becomes available. I i RAH/kmg Attachment �164414925 SRJ. JACKS0H-EARISH F-144 T-606 P-003/00G. JUN 24 192 107:32 • i LOCAL GOVERNMENT 1992-93 Savings o Repeals the Prop 13 Bailout (AB 8) $ 959 million $2 . 9 billion. Phases program out over 3 years . First year impact: Counties $475 Cities 348 Special Districtso &,Y_e � � 136 State General Fund Savings $959 million o Authorize counties to raise countywide 4 . 0 billion sales tax for cities and counties up to 1 1/4 cents over 3 years . o Shift enterprise special district 175 million property taxes to schools. o Shift portion of redevelopment agencies 175 million tax increment to schools. o Repeal state in-lieu bank tax. Allows local government taxation of banks and savings and loans $150 to $200 million local government revenues . o Authorize majority vote for local government bonds. o Other cost savings or revenue reforms : - Allow flexibility for county departmental reorganization. - Extend period for funding pension debt for PERS employees - up to $33 million savings . - Suspend implementation of correctional treatment center regulations . - Repeal requirement that counties must provide legal representation to school districts . - Eliminate "findings" requirement for Beilenson Act hearings. - Modify Prop. 111 maintenance of effort requirements . 9164414925 ST" JACKSON-BARISH F-144 T-606 P-004/006 JUN 24 192 10:33 - modify Prop. 99 maintenance of effort requirements . - Reduce data reporting requirements , Health, Mental Health, Alcohol and Drugs . - Give LAFCO' s authority to initiate special district consolidations. - Give special districts increased assessment authority. t� I(i N Local kL r� Proposal REDUCTIONS REPLACEMENT REVENUE REFORMS FOR COST SAVINGS 1. ELIMINATE AB 8 PROPERTY TAX BAILOUT OVER 1. AUTHORIZE COUNTIES TO RAISE COUNTYWIDE 1. ALLOW FLEXIBILITY FOR COUNTY Co 3 YEARS SALES TAX FOR CITIES AND COUNTIES, UP TO DEPARTMENTAL REORGANIZATION j F1RSJ YEA R.IMPACT t.1/40-- UP TO S 4A B ■ Counties $475 M 2. EXTEND PERIOD FOR FUNDING PENSION DEBT ■ Cities w M ----------------------------•------ --------------------------------------------- FOR PERS EMPLOYERS— UP TO$33 M �s Special Districts L36 M 2. REPEAL STATE IN-LIEU BANK TAX,ALLOW (non-enterprise) LOCAL TAXES ON BANKS AND S&Ls-- 3. SUSPEND IMPLEMENTATION OF CORRECTION- SM-200 M AL TREATMENT CENTER REGULATIONS STATE GENL PUND SAVINGS S 959 M ......._........_........._.I---------...._.._.............. 4. REPEAL REQUIREMENT THAT COUNTIES MUST ...... __.__.__....__...-___..._. ._..._.............,_ 3. MAJORITY VOTE FOR LOCAL GENERAL PROVIDE LEGAL REPRESENTATION TO SCHOOL 2. SHIFT ENTERPRISE SPECIAL DISTRICT PROPERTY OBLIGATION BONDS DISTRICTS TAXES �t 5. ELIMINATE 'FINDIN(;S' REQUIREMENTS FOR ■ Enterprise Special Districts $ 175 M BIELENSON ACT HEARINGS STATE GENL FUND SAVINGS S 17S M 6. MODIFY PROPOSITION Ill MAINTENANCE OF EFFORT REQUIREMENTS '-T) ............................—_........._. »-...------------------------------ 3. SHIFT PORTION OF REDEVELOPMENT AGENCY 7. MODIFY MAINTENANCE OF EFFORT REQUIRE. p TAX INCREMENT MENTS FOR PROPOSITION 99 ■ Redevelopment Agencies $ 175 M S. REDUCE DATA REPORTING REQUIREMENTS — r HEALTH, MENTAL HEALTH,ALCOHOL AND Q STATE GEM.PUND SAVINGS $175 M DRUG PROGRAMS Cr. <A 9. GIVE L0.FCOs AUTHORITY TO IMTfATE C SPECIAL DISTRICT CONSOLIDATIONS 10. GIVE SPECIAL DISTRICTS INCREASED w ASSESSMENT AUTHORITY t� t-> m ((Xi/22/92) C.1 Gl Hill.......c,r u) t cywring avuHnug any senuus Lwhha uts .)It toe In:uh iusu hsaru,. tu.,r.0 ,l spouses -- h.uun, uu long F L:u.c u111L requue. urwlr:uut:, r , 1r.u- 1"1•11u.,,r ,,u,,.utl; t.., to buy a basic health insurance medical costs. easier for small businesses to buy advantage of such double cover- vide health insurance, unless the through tlhe state i.egislature. Demkyerrats budget defeated � onwials ready to issue IOUs . Y ,iy N BY T110MAS FARRAGRER r authority. i The ust don t AND GARY WEDE3 y� "California would have egg on � �••„ Jd + 1 Memury News Sacramento Duman its face," said state Controller ; �y _• �, `'�•';,; •�' `'•E .. J n1 SACRAMENTO — Senate Re- Seem to understand Gray Davis,who is handling IOU logistics. "It's no way fora pre-'. publicans torpedoed a Democratic that California isn't mier state to act." budget plan Tuesday that would If the IOUs—formally known have closed$1 billion in tax loop- f holes,cut welfare by 4.6 percent, taxing too little; Its as registered warrants—go out :4 and spread out repayment of the next week,credit agency officials yAt 1: state's $11 billion deficit over spending too have said the state's bond rating. two years. almost certainly will be down- k r` graded. The defeat was a bit of political much. Wilson has categorically ruled tit for Lat, coming a day after out two essential pieces of the Democrats engineered the unani- —Cov.Pete Wilson Democratic budget solution — d mous defeat of Gov.Pete Wilson's new taxes and paying off the plan to cut education by $2 bit- tax loopholes that benefit large state's debt over two years lion. It leaves the state on the corporations and the wealthy, and wants deep spending cuts in- precipice of issuing IOUs to pay but that move failed as Republi- stead. Democrats say Wilson's ,l'& its bills. cans, and even some Democrats, plan is impossible. The new fiscal year begins a voted against it. "You just can't do it mathemat-! i week from today,and]Nilson and Wilson, meanwhile, called a ically," said an insistent.Assent- ` ` - Democratic leaders agree that news conference to vehemently blyman John Vasconcellos,D-San they are miles apart on how to denounce both Democratic pro- Jose, chairman of the,Assembly , osals as"irresponsible"and"in- Was and Means Committee. AssaaATeDr>Aess bridge the huge budget gap. P P Y sensitive." One bly accompllahment r Gov. Pete Wilson; right, discusses budget propos- ate Minority Leader Ken Maddy, R-Fresno, confer. Democrats squabble They just don't seem to under- als'at a news conference Tuesday as Assembly Wilson vehemently denounced Democratic propos- In fact, Democrats are unable stand that California isn't taxing The one substantive agreement Minority Leader Bill Jones, R-Fresno, left, and Sen- als as "irresponsible" and "insensitive." too little;it's spending too much," senators of both parties reached' y p to agree among themselves on Wilson said. "We don't want the Tuesday was a bill that would cut how to raise enough money to kind of tax climate that inhibits education spending by about. offset massive cuts to education. small businesses from making a $606 million over.the next two 0 Taken nearly$1 billion from lion in fiscal 1993. Democrats thing to do," said Sen. Alfred Tuesday morning, Assembly profit." years. Wilson,who Wants an ad-•.'.local governments and,in return, want to boost the corporate tax Alquist, D-San Jose, chairman of Democrats unveiled a$68 billion But, again, Wilson evaded years. l $1.7 billion in.,cu d- •given them the power to raise rate from 9.3 percent to 9.6 per- the Senate Budget and Fiscal Re- Democrats tan that essential] in- their local sales-tax rates.An ad- cent, trim business-meal deduc- view Committee. g P Y questions on where he would vowed to veto the measure;'be ditional$350 million would have tions from 80 percent to 60 per- But Republicans said the$7 bil- creases personal income tax rates make cuts in state spending that cause,frankly,it is too little.It is been taken from special utility cent, cap mortgage-interest de- lion in taxes approved last year _by suspending"indexing,' which would avoid tax increases and such a tiny fraction it is not real- y -prevents inflation from pushing P districts and redevelopment ages- ductiimpose at $50,0time,10 a year and will suffice. P 8 protect education. istic." i'' •' '.cies and given to schools.Special impose a onetime,10 percent sur- -taxpayers into higher income-tax "You will see that when we've Vasconcellos and other Demo- "We do not believe thre :brackets. The plan also extends of some agreement privately cratic leaders defended their bud-' districts also would have been charge on those earning$600,000 of California—the fisc Ith ;until 1994 the half-cent sales-tax With the Democrats," Wilson get plan as fair, equitable,-,and. given the power to raise assess- a year or more. of California — is goin be -increase passed last year that ments. P Y said. "We will do that when the best chance to save education•• ■ Postponed balancing the resolved by raising taxes," said :was scheduled to expire in 1993. Wilson also supports this no- P they're ready to vote." from cuts they said would devas budget until mid-1994. Nearly Senate Minority Leader Ken Mad- Both of those tax proposals than, making it almost certain P P Meanwhile, authorities began fate California classrooms..: that something along these lines $1.3 billion would have been car- dy,R-Fresno."We're not going to -would fall the hardest on the preparing to issue the IOUs, The budget plan, which'fell will Ihappen. ried over until next year's budget. support these taxes.We're not go- -poor and middle class. which will become necessary next five votes short of the two-thirds "Indiitations are that the econo- ing to support the deficit spend- Senate Democrats,on the other week when the state is expected majority needed in the 40-mem ■Wiped out a series of tax my is on the upgrade,and rolling ing. We're not going to roll over. hand, wanted to close a series of to run out of money and spending ber Senate,would have:. loopholes to raise nearly $1 bil- this deficit over is the sensible it's absolutely insane." THE S11TE 10th nmversar of racist slaying marked Y Ymg BY MIRANDA EWELL and somber. of this hatred." creased during the past decade, Memury News San Fl Iseo aureau Several speakers, including On June 23, 1982, Chin, a 27- and Tuesday's speakers men- News in Brief — SAN FRANCISCO-Ten years black civil-rights attorney Eva year-old Detroit resident,was cel- tioned several incidents. after a young Chinese-American,`Paterson, alluded to continuing ebrating with friends at a bar on In 1983, Thong IIy lluynh, a was beaten to death by two white tension between Asians and the eve of his marriage.Two un- Vietnamese-American high school Border Patrol liam Barr,decrying crime com- autoworkers wielding baseball blacks and urged greater under- employed autoworkers called student, was stabbed to death in mitted by illegal immigrants in bats, Asian-American and 'other 'standing between the two groups. Chin "Jap," blamed him for the Davis following months of racial cleared in crash the United States,Tuesday an- community leaders gathered Against a backdrop of gray auto industry's downturn, and harassment. In 1989, 24-year-old that killed six nounced steps to help ensure Tuesday in Chinatown to remem- skies and steep high-rises, old clubbed him to death with a base- Jim Loo was killed by two broth- the swift deportation of con- ber Vincent Chin and decry a dec- men at the park paused in their ball bat. They received three ers in Raleigh, N.C., who said An inter imi investigatimi re- victed foreigners after they ade's lack of progress in racial public chess games and turned to years' probation and paid a they had lost a brother in Viel- i r i ..i. 1 i1 ... fini•:h•:r•r-�•in.t llu•ir•`:r•nt,•nrnc. h:rri�..,n•. li.a r•" to Ilrr• ••t•...... -1,1 Ir A•'ban fin". (r - Ih" Hui...1 '1.1..• n"m 1" 1...I—! Ir•nn 1'. ...•.. „t t T;LIN - 24 — SA2 W EL1 1 2 34 C P P. S P _ 0 1 Post-it brand fax transmittal memo 7671 a of pngo3 Tot. �' From 17ript. Phono 9 June 24, 1992 FAX _ �- „ Fox it CALIFORNIA PARK AND RECREATION SOCIETY LEGISLATIVE ALERT TO: Selected California Agencies FR: Gene Andal , CPRS Legislative Committee Chair RE: $1 TO 2.7 BILLION, CUTS FOR LOCAL GOVERNMENTS All state budget scenarios surfaced to date contain drastic budget cuts for local government. The budget survey recently conducted by CPRS clearly reflect the severity of the cuts to parks, recreation and community services. If the state reduces the funding to cities, , counties, and' special districts, there will be drastic reductions and even elimination of whole departments. You irtust act now to , inform your legislators) about the impact to your agency or department. Clearly identify the dollar amount of your cuts, the population you serve (children youth, aging, youth at risk,, etc) , thenumber. and types of programs which will be affected -learn to swim, food service, drug intervention, etc) , and any public safety issues which may arise due to cuts (fewer park patrols, fewer checks on play equipment, less on- going maintenance) . -- Urge your legislator to reject any budget proposal that does not give your governmental , entity a mechanism wherebyiyou 'are given the opportunity to generate replacement revenues. (Replacement revenues are those revenues that cities, counties, and districts have been receiving from the State of California as a result of the Prop 13 Property Tax Shift. ) CALL AND WRITE YOUR LEGISLATOR(S) TODAY1 In an effort to generate as much action as possible, we ask you to FAX this message to 5 other agencies not listed below, Please FAX CPR$ the list of agencies you have contacted in order for us to track the effectiveness of this communication vehicle'. If you cannot take action, please call CPRS immediately. Legislators are asking that constituents do not fax them materials so your call and letter is important. Enclosed is a roster of legislators. The phone number is (916) 44 plus the number iven on the "local" column. For example Assemblyperson Doris Allen phone number would be 916) 445-6233. The legislator's address is Room Number 0000 (found in the "room" column) , State Capital , Sacramento, CA 95814. This FAX is being sent to the following agencies: Anaheim, Wiest Sacramento, Roseville, Fairfield, San Jose, Downey, Santa Barbara, Modesto, Rancho Simi Valley RPD, Oakland, Sunrise RPD, Sacramento County, San Buena Ventura, Oxnard, San Diego, Riverside County, North Bakersfield RPD, Fresno, Midpen•insula RPD, San Francisco, Los Angeles, Los Angeles County, Santa Rosa, Tracy, Davis, Fullerton, Daly City, San Ramon, Long Beach, Lakewood, Glendale. PLEASE CONTACT 5 OTHER AGENCIES IN YOUR AREA; FAX LIST OF AGENCIES CONTACTED TO CPRS AT (916) 446-0285. If you have any questions please contact Jane Adams, CPRS Executive Director at (916) 446-2777. Thank you for your response. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 22 , 1992 TO: Board of Directors and Subscribers FROM: Jean Fiddes , District Clerk SUBJECT: June 24 Regular Meeting Packet The enclosed items are the remainder of the June 24 meeting materials that were not mailed with the agenda materials you received earlier. 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 McKibbi n,Teena Henshaw,G inny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board (--)f Directors FROM: H. Greneb , General Manager DATE: June 24 , 1,992 SUBJECT: F. Y. Z . 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 McKibbi n,Teena Henshaw,G i nny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop JUN 1992 ASSEMBLY CALIFORNIA LEGISLATURE Igo Jacqueline Speier Representing San Francisco & San Mateo Counties ASSEMBLY MAJORITY WHIP Robert McKibbin Mi,•apeni no l_a Open Space District 201 San Antonio Circle, Suite C-135 Mountain View, CA 94040 Dear Mr. McKibbin: I am sorry that I missed you during your recent visit to Sacramento. I am often detained in committee hearings , or called away unexpectedly. Unfortunately, this was the case on the day of your visit . However, if my schedule permits during recess from legislative business, I would enjoy a tour of some District lands . Thank you for the invitation and please feel free to contact my office if I can be of assistance to you with District related matters . All the _hest--,� r I Rmblywoman State Capitol 220 South Spruce Avenue,Suite 101 Sacramento,CA 94249-0001 South San Francisco,CA 94080 (916)445-8020 cau W cmr (415)871-4100 Printed on Recycled Paper Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Beard of Directors FROM: H. Grench, General Manager DATE: June 19 , 1992 SUBJECT: F. Y. 1 . 201 San Antonio Circle,Suite C-135 e Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 ' JUN 011992 May 27, 1992 Alice Cummings OFFICERS Midpeninsula Regional Open Space District Chair 201 San Antonio Circle C-135 Nancy Walker , City&aunty of San Francsco Mountain view, CA 94040 Vice-Chair Tom Mikkelsen East Bay Regional Park District Secretary Dear Alice: Marc Holmes Save San Francisco Bay Assn. On behalf of the Bay Trail Project, I would like to thank you for all the work you Treasurer did on the South Bay Trail Public Forum slideshow. The time and energy you FEeAcer contributed to the slides made it a first class presentation. The forum would not have been so successful without your help. DIRECTORS 6,11 Bliss We were pleased to have over 70 guests at the forum representing local businesses, BobRBury elected and appointed officials,trail advocates and representatives from the diverse City of Redwood City communities along the shoreline. The program and slideshow helped focus Richard Conzelmann Greater Vallejo Recreation Dist. attention on the importance of cooperative interaction between private landowners, Rosemary Corbin and regional, state, and federal agencies. City of Richmond employers, $� $ Larry Dahms MTC Rod Diridon Since the slideshow is being reproduced, it will continue to provide valuable County of Santa Clara Barbara Green information about the Bay Trail Project long after the public forum. Already Union Santa Clara County Parks City`s and Sunnyvale's Park Commissions have scheduled the slideshow June 3 AJeen Fox Leslie Salt Company and June 10 respectively. Midpeninsula's contribution to the slideshow will be Cecily Santtao Clara Valley Audubon mentioned at each of these presentations. Sal Stana Hearne League of Women Voters Reed Hclderman Again,we appreciate your contribution to the forum; your technical expertise; and State Coastal ConservancyGayle Likens your efforts to further the Bay Trail. Your behind-the-scenes assistance truly City of Palo Alto helped to make the evening a success. We look forward to continuing to work with EiILcc<yer State Senator you on other South Bay Trail projects. G�ecn Lv'3s C r:o'aoumain V ie.v „Cnn i•,lalamut eav P!annng CJafitio�. _,e,e MC.4darr Sincerely, ec '.,na;C fl'Shd RE Roe Barbaraa Rice ."r.^.•i�+�••T`�-L�-�t. Edge Trai:,'c_.-r I Dane,-.oss L-- ill Keimach Julie Bondurant PG3E =cnam Sbe, Project Manager Santa Clara County Park Planner ,ASPA,H:' cc: Del Woods PROJECT MANAGER Administered by the Association of Bay Area Governments P.O.Box 2050•Oakland California 94604-2050 Joseph P.Bart MetroCenter•101 Eighth Street•Oakland California 94607-4756 Phone:415.464.7935 Fax:415.464.7975 SAN FRANC + , • ONQ VZ ILI May 28, 1992 OFFICERS Chair Nancy Walker City&County of San Francisco Del Woods Vice-Chair Midpeninsula Regional Open Space District Tom tet Bay 201 San Antonio Circle, C-135 East Bay Regional Park District Secretary Mountain view, CA 94040 Marc Holmes Save San Francisco Bay Assn. Treasurer Dear Del: Irving Sesser REBAC On behalf of the Bay Trail Project,I would like to formally thank you for DIRECTORS contributing so much of your time and expertise to the South Bay Public Forum. Bill Bliss The forum would not have been so successful without your help. The time you REBAC spent creating and supervising the wonderful South BayMa and slideshow will Bob Bury s P g P g f P City of Redwood City continue to provide the public with valuable information about the South Bay's Richard Conzeimann Greater Vallejo Recreation Dist. extensive trail and open space systems. Rosemary Corbin City of Richmond Larry Dahms We were pleased that we had over 70 guests at the forum representing local MTC Rod Diridon businesses,elected and appointed officials, trail advocates and representatives from County of Santa Clara Barbara Green the diverse communities along the shoreline. The program and role playing Santa Clara County Parks exercise helped focus attention on the importance of cooperative interaction between Aileen Fox Leslie Salt Company private landowners,employers, and regional, state, and federal agencies. Cecily Harris Santa Clara Valley Audubon Stara Hearne Again,I appreciated your participation in the forum;your technical experience and League of Women Voters Reed Holderman expertise; and your efforts to further the Bay Trail. I look forward to continuing to State Coastal Conservancy Gayle Likens work with you on developing South Bay Trail segments. City of Palo Alto Bill Lockyer State Senator Glenn Lyias S' ely, City of Mountain View , John Malamut Bay Planning Coalitior. Steve McAdam BCDC Rar,ald Miska e4��; Marin County PX,,< Rob Po- Keimach REBAC AC Barbara Rice oject Manager Ridge Trail Council Diane Ross-Leech PG&E Richard Sheridan HASPA HARD Nancy Stone National Park Service cc: Herb Grench Mart!n Storm City of Hayvrard Joan Vilrns Scrcrra Land Trus! Richard V:eTz.g S a.,a Club Del Wecds Midpenisula Reg'^nal Cpen Space PROJECT MANAGER Administered by the Association of Bay Area Governments P.O.Box 2050•Oakland California 94604-2050 Joseph P.Bon MetroCenter•101 Eighth Street•Oakland California 94607-4756 Phone:415.464.7935 Fax:415.464-7975 Presented to Board at June 10, 1992 Regular Meeting Midpeninsula Regional Open Space District June 10, 1992 201 San Antonio Circle, Suite C-135 Mountain View, CA 94040 Attn: Board of Directors Subject: Vidovich Open Space Acquisition Dear Ladies and Gentlemen: I have reviewed the Assessment District Engineer's Preliminary Study and have the following comments regarding the "Special Benefits of Vidovich Open Space Acquisition" as listed on page 5 of the Study: • Prevention of additional traffic and other adverse environmental effects of development 1 understand that should Vidovich be allowed to develop the 280 acres, he could develop 7 lots at the most. There is no doubt in my mind that the pro- posed Park would generate more traffic than that associated with 7 single family houses. • Views of untouched hillsides This might be a valid benefit if the density of development was similar to Los Altos Hills, but 1 think one would hardly notice 7 homes on 280 acres. • Proximity to a recreation area via neighborhood access There are definite disadvantages such as noise, traffic congestion, and trash accumulation for those properties fronting on Park access roads. For those properties that are more than a mile away from the Park, limited on-street parking, makes the Park difficult to use. I can see, therefore, no defensible benefits and indeed some disadvantages in the District acquiring the Vidovich property. I strongly urge you not to proceed with the acquisition, even though a non-refundable deposit has already been paid to Vidovich. I find it difficult to believe that the District has proceeded this far without a public hearing to discuss the issues. $incerely youThi C4 augh L. Shan 11185 Mora Drive Los Altos, CA 94024 (APN 331-15-038) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 12 , 1992 Honorable Tom Lantos Representative, District 11 U. S . House of Representatives 1526 Longworth House Office Building Washington, D.C . 20515-0511 Dear Congressman Lantos : With the federal budget coming before Congress shortly, we want to reemphasize our support for funding the state and local side of the Land and Water Conservation Fund at the $150 million level and the Urban Parks and Recreation Recovery Program at $60 million. These funds are vitally needed to help provide a healthy environment and recreational outlet for our nation' s citizens . Our District ' s residents and your constituents have particularly benefitted from acquisition and development projects partially funded by the Land and Water Conservation Fund. Additionally, we 'd appreciate your co-sponsorship of H.R. 5064 (Kostmayer) , which would direct more funds into the state and local side of the Land and Water Conservation Fund. Thank you for your continued support. Sincerely, Herbert Grench General Manager HG:d1nv cc: ,/Midpeninsula Regional Open Space District Board of Directors Congressman Kostmayer 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 FAX:(415)949-5679 Open Space .................. ........... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 12 , 1992 Honorable Tom Campbell Representative, District 12 U.S . House of Representatives 313 Cannon House Office Bldg. Washington, D.C . 20515 Dear Congressman Campbell : With the federal budget coming before Congress shortly, we want to reemphasize our support for funding the state and local side of the Land and Water Conservation Fund at the $150 million level and the Urban Parks and Recreation Recovery Program at $60 million. These funds are vitally needed to help provide a healthy environment and recreational outlet for our nation ' s citizens . Our District ' s residents and your constituents have particularly benefitted from acquisition and development projects partially funded by the Land and Water Conservation Fund. Additionally, we 'd appreciate your co-sponsorship of H.R. 5064 (Kostmayer) , which would direct more funds into the state and local side of the Land and Water Conservation Fund. Thank you for your continued support . Sincerely, Herbert Grench General Manager P . S . Tom: I was very disappointed at your loss in the primary. You ' ve been an excellent Representative and supporter of the District and environmental protection in general . I hope you ' re not out of politics for long . HG:dmz cc : Midpeninsula, Regional Open Space District Board of Directors Congressman Kostmayer 201 San Antonio Circle,Suite C-1 35 • mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 JUN 1 � 1992 RONALD A. FLORIA 24855 OLIVE TREE LANE LOS ALTOS HILLS, CA 94024 June 10, 1992 Mr . Robert McKibbin President Board of Directors MROSD 201 San Antonio Circle - Suite C-135 Mountain View, Ca. 94040 Dear Mr . McKibbin: I attended the informal meeting on June 9 regarding the proposed assessment district re . the Vidovich property. I went into the meeting with very positive thoughts about the MROSD and had no objection regarding paying a "fair share" . I was in favor of your purchase of this property and had planned on leaving a very sizeable portion of my estate to the MROSD in my will which I am now preparing. I came away from the meeting totally disgusted with what was being forced down my throat at the last minute in what came across as a "Kangaroo court" . At this point I sincerely hope that the purchase falls through and Vidovich is permitted to build 7 homes on the upper ridge . I am horrified at the thought that you are planning public access at the end of Olive Tree Lane. It is obvious that nothing has been learned from the unpublished public access points at Mora Drive and Ravensbury Avenue. How can you possibly have the audacity to tell me that I am benefitting by this acquisition by the reduction of traffic? The traffic generated by 7 homes would be nothing and I would gladly put up with the construction traffic while the homes were being built . What I am now faced with is dealing with traffic congestion every weekend and a complete disruption of the peace and quiet which attracted me to Olive Tree Lane , which is not a public thoroughfare , at least where I live . I and my neighbors intend to fight very actively against any public access at the end of Olive Tree Lane . Olive Tree Lane is a very narrow privately maintained street which cannot have public parking on it. The existing public accesses as well as the ones contemplated at Stonebrook and at the Vidovich property at the quarry site should be more than adequate to serve the public need for access. Regarding the benefit assessment district, I am appalled at the approach you have taken and the steps which have been carefully taken to guarantee that there will be insufficient time for us to get the support necessary to obtain a 50% protest ! Vidovich' s quarry property should not be considered since there is an obvious conflict of interest - he will certainly not object since he will be making a ridiculously large profit from his real estate investment in a time period when others have experienced very dramatic substantial losses in real estate value . I disagree completely with the limited area you have designated as the benefit assessment district since it is far too small . There is no special benefit to us which justifies assessing us alone . Virtually all of Los Altos Hills and parts of Los Altos will benefit as well . I am particularly incensed at the attitude of the attorney and her demeanor in addressing the questions asked of her. You have found an obscure 1972 law, unilaterally decided who benefits , and conducted a survey which was very deceptive - you did not inform the people you contacted that they would be part of a very small group of residents who would be expected to pay the entire cost and you called it a "special property tax assessment" when in fact it is not tax deductible . This point was obviously known by the attorney since she responded in a very knowledgable fashion to that particular question. This fact alone raises the actual out-of-pocket cost by 45%! In addition, the survey addressed a 20 year period which is now 30 years and the total estimated amount to be assessed which was $965, 000 on May 22 , 1992 is now, only 2 weeks later, approximately $1 , 050, 000 and the zone 1 cost is $126.00 per month and the average is well above the $85 . 00 you mentioned in your May 22, 1992 preliminary study ! Apparently you have been pursuing this special assessment approach since last fall and now you have the audacity to give us about 2 weeks at a peak vacation time which includes the Fourth of July to try to voice our objections . In addition there is not even going to be a counting of votes; a no response is considered to be a "yes" vote . We live in a democracy yet you and your attorneys have apparently found a loophole in some obscure law and have virtually guaranteed that there will be insufficient protests . Although it will be a futile gesture I will file my written protest regarding the proposed assessment . In addition I will fight as vigorously as possible against any attempt to have public access at the end of Olive Tree Lane . The tactics you have used in this "Kangaroo court" have soured me on the integrity of the MROSD and I will look elsewhere for a more-deserving beneficiary for the bulk of my estate ! ! ! Sincerely, Ronald A. Floria Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 17 , 1992 Mr. Ronald A. Floria 24855 Olive Tree Lane Los Altos Hills , CA 94024 Dear Mr. Floria: Thank you for your letter of June 10 . I 'm sorry that you felt the June 9 neighborhood meeting was like a "kangaroo court. " Our intention was to provide an informal forum to inform people and to respond to questions and concerns as best we could. In a spirit of openness , we mailed notices to all property owners in the proposed assessment district and held this meeting even though it wasn' t required by law. The District ' s Board of Directors has not adopted any plan for public access at the end of Olive Tree Lane. We do recognize, however, that some neighbors and others have used it to some extent as an access point in the past and that a pathway from Olive Tree Lane is shown on the Town ' s Master Path Plan. We would like to meet with you and your neighbors to discuss access issues prior to acquisition of the Vidovich property. Regarding the amount of assessment , on June 10 the District ' s Board of Directors voted to adopt the earlier set of figures (the $85 average) even though the companion goal of raising a net , after costs , of 10% of the purchase price would not be reached. We hope that eventually we can win back your confidence and that you will work with us on your Olive Tree Lane access concerns . Sincerelv, Robert McKibbin, President Board of Directors RM:dmz cc: MROSD Board of Directors 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679