HomeMy Public PortalAbout19940511 - Agendas Packet - Board of Directors (BOD) - 94-13 Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-13
REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
9
7:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
May 11, 1994
(7:30) ROLL CALL
** ORAL COMMUNICATIONS -- Public
SPECIAL ORDER OF THE DAY -- C. Britton
Resolution Supporting the Santa Clara County Open Space Authority and Measure A
On the June Ballot
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- G. Babbitt
*** APPROVAL OF MINUTES
April 13, 1994 (Consent Item)
April 27, 1994 (Consent Item)
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
(7:35) 1. Appointment of Susan M. Schectman as District Legal Counsel and Approval
of Retainer Agreement for Legal Services -- C. Britton
(7:45) 2. Brown Act Briefing -- S. Schectman
(8:15) 3. Adoption of a Conceptual Exhibit Plan and Operational Alternatives for the
David C. Daniels Nature Center at Skyline Ridge Open Space Preserve and
Application for an Environmental Education Grant for Implementation of
Phase I of the Exhibit Plan -- M. Gundert
Resolution Approving the Application for Grant Funds Under the
Environmental Education Grant Program for the Following Project: David C.
Daniels Nature Center Phase I Improvements
(8:35) 4. Program Evaluation for the 1993-1994 Action Plan for Implementation of the
Basic Policy of the Midpeninsula Regional Open Space District -- C. Britton
(9:05) 5. Appointment of District Representative to Serve as Non-Voting Member of
Santa Cruz County's Local. Agency Commission's Special District Advisory
Committee -- C. Britton
330 Distel Circle Los Altos, California 9402 2-1 404 $ Phone: 415-691-1200 - FAX: 415-691-0485 0
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
(9:10) INFORMATIONAL REPORTS -- Directors and Staff
REVISED CLAIMS Consent Item)
CLOSED SESSION
1. Conference with Real Property Negotiat (Government Code Section
54956.8)
Real Property: San Mateo County Assessor's parcels 076-350-150 & -240
Negotiating Parties: Corte Madera, a California Limited Partnership (Ted
Walker and Andrew Schilling)
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
2. Public Employee Performance Evaluation (Government Code Section 54957)
Title: General Manager
ADJOURNMENT
*NOTE.- Times are estimated and items may appear earlier or later than listed. Agenda is
subject to change of order.
TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at then 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 approved without discussion by one motion unless a
Board member removes an item from the consent calendar,for separate discussion. A member of the
public mgU request under oral communications that an item be removed from the consent calendar.
NOTICE OF PUBLIC MEETINGS
The Legislative, Finance, and Public Affairs Committee will meet on Thursday,
June 9, 1994 at 4:30 P.M. at the District office.
Open Space
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
"sowaoNNo. 94-18
REsoL UT ION OF THE BOARD OF DIRECTORS
OF 7HE MIDPENINSULA REGIONAL OPEN SPACE DismcT
SUPPORTING THE SANTA CLARA COUNTY OPEN SPACE A umowTy
AND MEASUREA ON THE.TUNE 1994 BALLOT
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that
providing public open space is of vital environmental, social, and economic interest to the
citizens of our community, region and state; and
WHEREAS, a coalition of community and conservation groups, business and labor, and other
organizations have undertaken a volunteer, community based effort to form the Santa Clara
County Open Space Authority and have placed an advisory open space funding measure on the
June 1994 ballot; and
WHEREAS, if approved by the voters, the Santa Clara County Open Space Authority will provide
the opportunity to preserve and permanently protect scenic, close-in open space lands in areas
of Santa Clara County outside the boundaries of the Midpeninsula Regional Open Space
District; and
WHEREAS, the measure will provide the basis for.funding the acquisition of critical open space
in Santa Clara County that otherwise would be lost forever to the public and to future
generations as part of our regional aesthetics and recreational heritage.
Now, THEREFORE, IIEITREvoLvED that the Board of Directors of the Midpeninsula Regional
Open Space District applauds and supports the Santa Clara County Open Space Authority and
endorses Measure A on the June 1994 ballot.
Adopted by the Board of Directors,
May 11, 1994
j0pen Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-12
REGULAR MEETING
BOARD OF DIRECTORS
April 27, 1994
MINUTES
I. ROLL CALL
President Ginny Babbitt called the meeting to order at 5:40 P.M.
Members Present: Pete Siemens, Ginny Babbitt, Nonette Hanko, Betsy Crowder, and Wim de
Wit.
Member Absent: Robert McKibbin.
Personnel Present: L. Craig Britton and Jean Fiddes.
II. CLOSED SESSION
The Board recessed to closed session at 5:42 P.M. to discuss a public employee appointment item
for the position of legal counsel (Government Code Section 54957). T. Henshaw arrived at 6:30
P.M.
The Board reconvened for the public portion of the meeting at 7:29 P.M. President G. Babbitt
announced that the Board had met in closed session to conduct final candidate interviews for the
position of legal counsel and that the six Board members present had voted unanimously to offer
the position to Susan Schectman.
Additional Personnel Present: Randy Anderson, John Escobar, Del Woods, Mary Gundert,
Carleen Bruins, Patty Quillin, and Emma Johnson.
III. ORAL COMMUNICATIONS
There were no oral communications.
IV. ADOPTION OF AGENDA
Motion: B. Crowder moved that the Board adopt the agenda. N. Hanko seconded the motion.
The motion passed 6 to 0.
V. ADOPTION OF CONSENT CALENDAR
P. Siemens requested that the response to the written communication from Robert Zatkin of
Woodside be removed from the consent calendar.
Motion: B. Crowder moved that the Board adopt the consent calendar including approval of
minutes of March 23, 1994; and Revised Claims 94-08. P. Siemens seconded the
j motion. The motion passed 6 to 0.
I .
i
330 Distel Circle • Los Altos, Cr is 94022-1404 • Phone: 415-691-12C FAX:415-691-0485
Board of Directors:Pete Siemens,Ro,. cKibbin,Teena Nenshaw,Ginny Babbitt,Nonette Han, ;y Crowder,Wim de Wit
(
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Meeting 94-12 Page 2
VI. WRITTEN COMMUNICATIONS
P. Siemens suggested that the response to Robert Zatkin of Woodside include a paragraph
expressing appreciation to Mr. Zatkin for the time he took to talk with and educate the group of
young people he had encountered.
Motion: P. Siemens moved that the Board approve the amended response to Mr. Zatkin as
well as the responses to Harry Haeussler, 1094 Highland Circle, Los Altos and Tom
Clifford, 375 Poplar Street, Half Moon Bay. N. Hanko seconded the motion. The
motion passed 6 to 0.
VII. BOARD BUSR4ESS
A. Introduction of 1994 Spring Docent Class (Report R-94-53)
C. Bruins said that 19 docent trainees will have finished at least 40 hours of classroom
study and field exploration and that ten of the participants have completed the fall training
session. She invited Board members to attend docent training sessions in which they have
an interest. C. Bruins noted that 40 docents have led 140 public hikes and 37 request hikes
in the past year.
P. Quillin introduced the members of the class who were present at the meeting and said
the docents are an extremely enthusiastic group. G. Babbitt welcomed the group to the
docent program and thanked them for their commitment and contributions to open space
and public education.
B. Agreement for Patrol Access Easement on Olive Tree Lane Adjacent to Rancho San
Antonio Open Space Preserve (Report R-94-51)
R. Anderson reported that residents of Olive Tree Lane have been concerned about the
potential for public access into Rancho San Antonio Open Space Preserve via Olive Tree
Lane. He said staff met with the residents to address their concerns and resolve the access
situation, including installation of a new fence and gate and signing on the gate indicating
that this location was not a public entry point. He said that staff cooperated with the Olive
Tree Lane residents in preparing the agreement to formally record the District's right of
patrol access and avoid enlargement of public use of Olive Tree Lane by persons accessing
the preserve.
Motion: P. Siemens moved that the Board authorize the President of the Board to
execute the Easement Deed on behalf of the District. T. Henshaw seconded the
motion. The motion passed 6 to 0.
C. Staffing Reorganization of Open Space Acquisition Program and Appointment of Assistant
General Manager eport R-94-54)
C. Britton said that the land acquisition manager position would be filled only if Proposition
180 (CALPAW `94) passes and, in the event CALPAW `94 does not pass, filling the
position would be postponed until the District's financial resources for acquisition projects
improved and an overall staffing plan was formulated. He said filling the real property
representative position is crucial to relieve the general manager of various acquisition
responsibilities, maintaining contact with land owners and other agencies, and completing
highly specialized acquisition grant projects.
Meeting 94-12 Page 3
C. Britton said he is recommending filling the assistant general manager position with one of
five program managers on a rotational, annual basis and that a salary range of an additional
three to five points be added to the base salary of the program manager assigned as assistant
general manager.
T. Henshaw asked why the District would pay the three to five point increase on an annual
basis rather than for actual time worked as acting general manager and asked if a full year is
preferable to a six month appointment. C. Britton responded that the official designation is
assistant general manager and that the position is always in place with more activity when there
are specific assignments or in the General Manager's absence. He added that one year
assignment is preferable to give a full range of experience to the person filling the position.
He said the three members of the acquisition program will report to the general manager until
further reorganization is considered and that he will report back to the Board on any proposed
reorganization regardless of passage of Proposition 180.
Motion: B. Crowder moved that the Board approve the creation of a land acquisition
manager job classification and eliminate the assistant general manager/land
acquisition manager job classification; approve the job specification for land
acquisition manager and assign a salary range of step number 277-302 with a
corresponding monthly salary of$4,442 to $5,696; authorize staff to fill the full-
time land acquisition manager position contingent on passage of Proposition 180
(Californians for Parks & Wildlife 1994) in June 1994; approve the changes in
the real property representative job specification and authorize staff to fill this
full-time position; and authorize the general manager to designate one of five
program managers as assistant general manager with a range of 3 to 5 points to
be added to the program manager's base salary as approved by the general
manager for the assistant general manager assignment. N. Hanko seconded the
motion. The motion passed 6 to 0.
D. Final Adoption of the Comprehensive Use and Management Plan for Coal Creek Oren Sp
Preserve (Report R-9LQ
M. Gundert noted that a summary of project costs by year had been included in the staff
report, but unknown costs had not been included. She said the map legend had been changed
to make it more readable.
D. Woods presented the evaluation process used in determining the trail use designations such
as width, grade, side slope, line of sight, surface condition, and natural obstacles, noting that
documentation of trail conditions should be done at 500 foot intervals. He said the plan for
compliance inventory ance with the Americans with Disabilities Act added factors to the invento such as
cross slope and rest areas which more directly relate to accessibility needs. B. Crowder
commended the trail evaluation system that D. Woods has devised and N. Hanko and G.
Babbitt expressed appreciation for his efforts.
Motion: B. Crowder moved that the Board adopt the revised Comprehensive Use and
Management Plan for Coal Creek Open Space Preserve as contained in report
R-94-11 and as amended in report R-94-52. T. Henshaw seconded the motion.
The motion passed 6 to 0.
Meeting 94-12 Page 4
E. Scheduling of May 18 Special Workshop Focusing on Qpg_n_ Space Preservation Method
(LZ=rt R-94-49)
C. Britton reported that many people who are active in the land conservation effort have
been invited to the workshop on alternative acquisition methods to be facilitated by Geoff
Ball. He said a final report will be sent to all the participants and that it would be the basis
for a meeting with the members of Peninsula Open Space Trust Board of Directors.
Motion: N. Hanko moved that the Board schedule a Special Board Meeting for
Wednesday, May 18, 1994 beginning at 7:00 P.M. at the District office for
the purpose of holding a workshop to discuss various open space preservation
methods. P. Siemens seconded the motion. The motion passed 6 to 0.
VIII. INFORMATIONAL REPORTS
B. Crowder reported that she and 15 other volunteers did trail work in the rain at Monte Bello
Open Space Preserve on Saturday. She said she is talking to the mayor of Portola Valley
regarding the undergrounding of utilities as part of the Windy Hill Open Space Preserve parking
lot project.
C. Britton reported that M. Smith, P. Siemens, and he had attended a seminar in Sacramento on
legislative processes, and that M. Smith is attending a conference for public information officers
in Brea, California. He said that the City of Escondido had asked if they could use ideas from
the "Kids' Poster" and had given credit to the District on its poster. He continued that the legal
dispute with Security Title Insurance Company had been settled and the District received a check
for $90,000 from them. He noted that Mr. and Mrs. Levine had invited Board members to
brunch and to tour the Fremont Older home. N. Hanko, P. Siemens, W. De Wit, and R.
McKibbin expressed an interest in such a meeting. P. Siemens and R. McKibbin noted that they
may be interested in attending the Special District's Forum in Vancouver and Victoria from June
13 to June 18. C. Britton reported that KQED radio had run a segment on Proposition 180, and
ranger Craig Beckman was interviewed and gave them a tour of Devil's Canyon. He later played
a tape of the program for the Board.
P. Siemens reported that he participated in a fundraiser sponsored by Greenbelt Alliance,
including a press conference on cooperative planning by cities and counties. He noted that he
would not be able to attend the tour for Santa Clara County officials on May 14.
T. Henshaw reported that all the students and staff of Duveneck School spent the day at Hidden
Villa. She praised Hidden Villa and the docents for their exceptional environmental education
program and offered to show a short video of some of the activities of the day. N. Hanko
suggested having a few children attend a Board meeting to explain the program, and C. Britton,
with the Board's consent, said he would put the item on a future agenda.
R. Anderson said he attended the American Planning Association national conference in San
Francisco, attending workshops and giving a presentation on District issues and objectives during
a mobile workshop that included the Edgewood Preserve.
J. Escobar reported on three accidents on District preserves.
W. de Wit related his experiences on a river trip through the Grand Canyon, and also reported
that Hidden Villa will have a fundraiser and country fair on May 1.
Meeting 94-12 Page 5
N. Hanko reported that she and M. Smith distributed information on the District at the Palo Alto
Centennial. She said the centennial was a wonderful event. G. Babbitt noted that local papers
unfortunately focused on the negative aspects of the last event rather than the year's planning and
work.
G. Babbitt said that Glen Lyles of Mountain View called her to express his high praise for the
content and tone of the invitations sent for the May 14 tour.
Ix. ADJOURNMENT
The meeting was adjourned at 9:05 P.M.
Emma Johnson
Recording Secretary
| � ��------ No. 94-08 ---- �����������—��----�
Claims
| Meet' - 94-12 i
Dat Dr. 27, 1994 /
BEV.L._�
� MIDPE0INSDIJ\ REGIONAL OPEN SPACE DISTRICT �
! # Amount Name Description �
------------------_____________________________________________________________________________
57S2 106,73 Acme & Sons Sanitation Sanitation Services
5763 79.16 American Welding Supply Welding Supplies
5764 207.04 AT&T Telephone Maintenance Agreement
5765 12.67 California State Board Fuel Tax
of Equalization
5766 198.07 California Water Service Company Water Service
5767 II0,39 Annette Coleman Reimbocsmeot--Field Supplies
5768 258,30 Ccznrmnioatioo & Control , Inc. Utilities
5769 25.00 ��e Conservation �cu�d 3�beoc��tioo |
. �
5770 254.00 Earth Systems Consultants Consulting Engineer
577I 260.00 East Bay Regional Park District Docent Training '
5772 265.00 Economy Business Machines Equipment Repair
5773 60.00 Bunizutineotal Data Deseaccl/ Resource Documents
Institute |
5774 I60,70 John Escobar Beionburseoeot--Field Supplies and
Conference Registration
57�5 92.75 Federal Express Corporation Express Mail
� 5776 320.00 First Interstate Bsud� Paying J�/�ot Fees--l99J CO�'�
� . �
5777 15.00 Flinn, Gray & Bertecich Vehicle Insurance /
� 5778 I45,00 Foothill Safety, Inc. Uniform Expense
� 5779 244.84 Foster Bros. Security Systems, Inc. Locks and Keys
E.
578O 2,750.00 Robert E Friday Appraisal Services
�
� 578l 19.9I G & l{ Services Shop Towel Service
578� 6,4I9-00 Gateway 2000 Equipment
� 5783 108.25 Daselbaoh Surveying Iostcun*nts Equipment
� 5784 1,089,87 Honeywell , Inc. J\laon Maintenance Agreement
5785 2,384,75 Jeda Publications Brochure Printing
5786 900.00 Dillcuy Pest Control , Inc. Weed Control
5787 223.00 McGrath BeotCorp Skyline Banger Office Rental
5788 3,637.00 Micro Accounting Solutions Computer Consulting Services
5789 168,87 monogram Sanitation Sanitation Supplies
5790 70.00 * Mountain View Cb�nb�c o� Ccmz/ec�e Additional Membership Fees
|
^ |
5791 75.00 Mountain View Chamber of Cmnnecce Registration Fee--Buuimass Display �
5782 86,49 + National Notary Association Membership Dues
5793 350.09 Natural Resources & EnploimenL Invasive Vegetation Removal �
Program
5794 987.51 The Office Depot office Supplies |
5795 41.87 Pacific Bell Telephone Service
5796 87I.68 PIP Printing Printing
5797 165.29 Pitney Bowes Credit Corporation Postage Equipment Rental
57�8 64 9G �r�o� Custoo ]�esnber�bi� Il��ewaI �
� ' ^ �
� 5799 215.42 Quicksilver Printing Printing
5800 32.50 Rayne Water Conditioning Water Service
5801 127,90 Boy's Repair Service Vehicle Maintenance and'Repairs
� 5802 42,20 S & W Equipment Company Equipment Parts
/ 5803 250.00 County of Santa Clara, Department Permit �
of Environmental Health
5804 8I'62 Sears Field Supplies
� 5805 174.15 Malcolm Smith Reinburaenmszt--Display Canopy and
Office Supplies
� 5806 70,00 Sunnyvale Medical Clinic Medical Services
5807 2,381.22 Seafirst Bank Paying Agent Fee--I987 Notes
5808 65.00 * Dnoouzncn Computer Solutions Equipment Repair
| 5809 60'60 University Act Center Drafting Supplies
*Urgent nhec] soued on April 13, 1994.
Claims No. 94-08
Meeting 94-12
Date: Apr. 27, 1994
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
-----------------------------------------------------------------------------------------------
I5310 193.50 Coastside Proflame Propane Fuel
5811 436.60 Greater Vancouver Regional District Conference Registration--R.Anderson
',5812 500.00 Rachel Oppedahl Consulting Services
'I5813 277.06 Petty Cash Office and Field Supplies, Postage,
Film and Developing, Local Meeting
Expense,and Private Vehicle Expense
I
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Meeting 94-11
Page 2
Motion: R. McKibbin moved that the Board approve the response to the Bay Area
Ridge Council. B. Crowder seconded the motion. The motion passed 5 to 0.
VI. BOARD BUSINESS
A. Representation of Independent Special Districts on Local A ency Formation Commission
(ftort R-94-47)
J. Fiddes reported that P. Siemens and C. Britton attended the annual meeting of the Santa
Clara County Special Districts Association and it was the apparent consensus of those
present that LAFCO representation was a good idea for several reasons including LAFCO's
responsibility for annexation decisions for all public agencies, including special districts.
Motion: P. Siemens moved that the Board adopt Resolution 94-17, a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Requesting Special District Representation on the Santa Clara County Local
Agency Formation Commission. R. McKibbin seconded the motion. The
motion passed 5 to 0.
B. Review of Comprehensive Use and Management Plan for Coal Creek Open Space Preserve
e ort R-94-11)
M. Gundert reviewed the revised Comprehensive Use and Management Plan for Coal Creek
Open Space Preserve. She presented a review of trail use, trail conditions, and plans for
revegetation to disturbed areas, and highlighted the methodology and techniques used to
apply the Trail Use Policies and Guidelines to the preserve's trail system. Discussion
centered on the designation of Alpine Road and the use of the road versus enforcement of
District regulations on the road. R. McKibbin expressed his support of the revegetation
program, and P. Siemens requested that a cost summary by year be included in the report
and that changes be made in the legend on Map B to make it more readable.
R. Anderson said that D. Woods would make a brief presentation at the April 27 meeting
to explain the evaluation process used in determining the trail use designations for the
preserve and the 1990 Americans with Disabilities Act (ADA) classifications.
Motion: T. Henshaw moved that the Board tentatively adopt the revised Comprehensive
Use and Management Plan for Coal Creek Open Space Preserve. P. Siemens
seconded the motion. The motion passed 5 to 0.
C. Final Adoption of Preliminary Use and Management Plan for the Ringo and Meyer
Property Additions to the Mt Umunhum Area of Sierra Azul Open Space Preserve fReport-
9444)
Motion: B. Crowder moved that the Board adopt the revised Preliminary Use and
Management Plan for the Ringo and Meyer properties. R. McKibbin seconded
the motion. The motion passed 5 to 0.
Motion: B. Crowder moved to dedicate both properties as public open space. R.
McKibbin seconded the motion. The motion passed 5 to 0.
VII
. INFORMATIONAL RETORTS
B. Crowder announ that Peninsula Open Space Trust B Member Sheldon "Woody"
Woodward had die don ed a memorial service had been held k. goal Mine Ridge.
Jpen Space
1
III
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-11
REGULAR MEETING
BOARD OF DIRECTORS
April 13, 1994
MINUTES
I ROLL CALL
President Ginny Babbitt called the meeting to order at 7:31 P.M.
Members Present: Ginny Babbitt, Pete Siemens, Robert McKibbin, Betsy Crowder, and Teena
Henshaw.
Members Absent: Nonette Hanko and Wim de Wit.
Personnel Present: John Escobar, Jean Fiddes, Malcolm Smith, Randy Anderson, Mary Gundert,
Sheryl Cochran, and Susan Dale.
II. ORAL COMMUNICATIONS
There were no oral communications.
in. ADOPTION OF AGENDA
Motion: R. McKibbin moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 5 to 0.
IV. ADOPTION OF CONSENT CALENDAR
B. Crowder requested the removal of the written communication from'the Bay Area Ridge Trail
Council and revised claims from the consent calendar.
Motion: R. McKibbin moved that the Board adopt the consent calendar including adoption of
Resolution 94-16, a Resolution of Commemoration of the Board of Directors of the
Midpeninsula Regional Open Space District Celebrating the City of Palo Alto's
Centennial; the response to the written communications from Gail Juels of Los Gatos
and Dr. Myfanwy Scott Brown of the South Skyline Association; authorizing the
Board president to execute the Notice of Completion of Contract and Acceptance of
Work on the Rancho San Antonio field office expansion project; and scheduling of a
Special Meeting for Saturday, May 14, 1994 beginning at 8:30 A.M. for the purpose
of conducting a tour of District lands for local public officials. P. Siemens seconded
the motion. The motion passed 5 to 0.
V. WRITTEN COMMUNICATIONS
B. Crowder requested clarification on the letter from the Bay Area Ridge Trail Council regarding
the annual membership donation to the council. M. Smith confirmed the $100 membership
donation level for the District.
r
330 Distel Circle • Los Altos, Cz pia 94022-1404 • Phone: 415-691-12t FAX: 415-691-0485 0
Board of Directors:Pete Siemens,Rober,wicKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Cro%%d(r,Wim de Wit
General Mana,-er:C.Craig Britton
Meeting 94-11 Page 3
J. Escobar reported the sculpture in the lobby was on loan from Bill Sorich who has offered to
design a sculpture for the District office. He reported that ranger Michael Newburn would be
making a podium for the Board room. He said that the April 17 Fremont Older house tours are
full and that Mr. and Mrs. Levine have offered a tour for the Board on Saturday April 16; he
requested that Board members contact him if they were interested. He reported that July 7 was
the confirmed date for the joint meeting with the San Mateo Park and Recreation Commission.
J. Escobar reported on two bicycle accidents, the capture of a pet pig on Skyline Boulevard, and
the initiation of the bicycle radar program. He later showed a video, shot the previous weekend
at Monte Bello Open Space Preserve, about the radar program.
T. Henshaw requested only current copies of Hikes and Walks be posted on preserve information
display boards. T. Henshaw reported that all the students and staff at Duveneck Elementary
School will visit Hidden Villa on April 20.
M. Smith reported that 33 stores agreed to display District brochure boxes, that he and N. Hanko
will staff a display at Cubberly Community Center for the Palo Alto Centennial on April 16, and
that ranger M. Newburn will staff a display at REI the same day. He said the Fremont Older
house tour filled up in one hour and tied up District phone lines due to the large volume of
responses. He stated that the District fact sheet has been translated into Spanish and reported on
the recent meeting with Senator Tom Campbell. He also reported that C. Britton, P. Siemens,
and he will attend'a legislative conference in Sacramento on April 21.
R. Anderson reported he has been working with Olive Tree Lane residents near Rancho San
Antonio Open Space Preserve and is close to finalizing an agreement for patrol purposes. The
Board requested that this item be placed on the next Board meeting agenda. He also reported
that the dog access study has been finished and that staff is completing its research.
VIII. REVISED CLAIMS
Referring to claim 5645 to Corporate Design Strategies for the Windy Hill Open Space Preserve
computerized map, B. Crowder said that the trails shown on Portola Valley Ranch should be
removed.
Motion: B. Crowder moved the adoption of revised claims 94-07. R. McKibbin seconded the
motion. The motion passed 5 to 0.
IX. CLOSED SESSION
There was no closed session.
X. ADJOURNMENT
The meeting was adjourned at 8:56 P.M.
Susan Dale
Recording Secretary
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
April 26, 1994 Staff Acknowledge/Respond
Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board of Supervisors Board Directive(s)
Midpeninsula Open Space District No Response Necessary
330 Distel Circle
Los Altos,CA 94022
Dear Board of Supervisors:
As a resident of Los Altos Hills,a runner and a dog owner,I am writing in hopes of a
compromise between the Board and dog owners concerning Rancho San Antonio Park. I live within
walking distance of the trail head at Ravensbury and frequently run on the trails in the late afternoons.
The trails are quite remote in this portion of the park,and I pass only a few other walkers and joggers
each day. While horses are allowed on these trails,dogs are not.Because of the remoteness of this area
and the fact that I have never seen a Park Ranger there,I would feel much safer with my dog.
I understand that the Board has considered allowing dogs at Rancho San Antonio in the past and
has made a decision not to.However,I would appreciate the opportunity to make a proposal to the Board
which would allow dogs in only this remote area of the park.This would require no extra signage at the
main entrances to the park,and only the removal of a few signs in the designated area.Because there is no
parking allowed at this trail head,the change in policy would affect only those local residents within
walking distance.
I appreciate your consideration of this issue. I would gladly map out a proposal and meet with the
Board for further discussion.
Sincerely,
Carol Olson
(415)948-6836
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Carol Olson
10800 Magdalena Ave. l
Los Altos Hills, 'CA 94024
Dear Ms. Olson:
Thank you for your April 26, 1994 letter supporting increased access for dogs at Rancho San
Antonio Open Space Preserve. The District's Board of Directors reviewed your comments at
our Regular Meeting last night. Your letter has been forwarded to the Board committee
appointed to investigate the issue of access for dogs.
The District has initiated a study process to carefully review the current policies and program
for do access and to research other available
ai able information and ex rien n gexperience o the subject.
This process is anticipated to conclude with possible changes to the program in mid-1994.
Your name has been added to the list of Pe g regarding s persons to be notified of meetings re ardin this
subject. We welcome our participation.
J Y P P
Sincerely,
Ginny Babbitt
President, Board of Directors
GB:kh
cc: Board of Directors
330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
r
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s)
No Response Necessary
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Open Space
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------------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Robert and Jane Duric
1708 Fordham Way
Mountain View, CA 94040
Dear Mr. and Ms. Duric:
Thank you for your April 21, 1994 letter expressing your support for Deer Hollow
Farm. At our Regular Meeting last night, the District's Board of Directors reviewed
your comments. We share your concern about the future of the farm.
The District recognizes the'importance of Deer Hollow Farm to the community. We
know the farm has been a valuable resource to the children who participate in the City
of Mountain View's programs, and to the preserve visitors who enjoy the farm when
they use the trails. Because of this, we are working on a plan with the City of
Mountain View and Santa Clara County to ensure the operation of the farm this fiscal
year.
Like the City of Mountain View and other local agencies, the District has had to meet
the challenge of an uncertain future for District funding because of the state's
financial problems. Even so, we will continue to work with the city and other
agencies to keep the farm operating. We appreciate your support for Deer Hollow
Farm.
Sincerely,
Ginny Babbitt
President, Board of Directors
GB:CRB:kh
cc: Board of Directors
330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
--- !/ Staff Acknowledge/Respond
7
Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s)
No Response Necessary
Boars: of Director,
My name is Sarah Benedetti and i am eight years old. [Ay ;iother brings me to Deer Hollovi Farm
about once a month to visit the animals. tNty mother and I ors-joy taking bike rides to the farm to
see the animals. Last v4eek►-ac sa!-j baby piglets Ihat + tere born just weeks ago, 'their so cute.'
Nye enjoy Deer Hollmi Farm vory m+ich. Please find ;m,mv rn keen this program running for years
to come.
Thank You,
Sarah Benedetti & {lvly Lis i3en
Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Sarah Benedetti
1593 Benton Cou
rt
rt
Sunnyvale, CA 94087
Dear Ms: Benedetti:
I
Thank you for the letter you and your mom wrote about Deer Hollow Farm. At our
Regular Meeting last night, the District's Board of Directors read your letter. We are
glad that you and your mom like to visit the animals. The Board also cares a lot
about Deer Hollow Farm.
We think the farm is very important to the community. We know that many school
children go to Deer Hollow and learn a lot about farm animals, gardening, and
nature. , Other people enjoy the farm when they use the trails, too.
The District, along with Santa Clara County, is planning to help keep the farm
program running this year. Sometimes it is hard to do because we worry about not
having enough money. Even so, we will do our best to make sure the farm will stay
a wonderful place for you to explore.
Sincerely,
Ginny Babbitt
President, Board of Directors
GB:CRB:kh
cc: Board of Directors
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485 Ct�
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-94-56
Meeting 94-13
May 11, 1994
AGENDA ITEM
Appointment of Susan M. Schectman as District Legal Counsel and Approval of Retainer
Agreement for Legal Services
BOARD PRESIDENT'S RECOMMENDATION
Approve the attached Retainer Agreement for Legal Services appointing Susan M. Schectman
as District's Legal Counsel.
DISCUSSION
The Board of Directors has completed its search for a new legal counsel. Attached for the
Board's approval is the retainer agreement for legal services appointing Susan M. Schectman
the District's new legal counsel.
Prepared by:
Jean H. Fiddes, District Clerk
Contact person:
Ginny Babbitt, President, Board of Directors
330 Distel Circle o Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485 @
Board of Directors:Pete Siemens,Robert M(Kibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
RETAINER AGREEMENT FOR LEGAL SERVICES
This Retainer Agreement for Legal Services ("Agreement") is entered into this 11th day
of May, 1994 by and between the Midpeninsula Regional Open Space District, a
California public agency ("District") and Susan M. Schectman ("Attorney").
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Designation of District Legal Counsel
SUSAN M. SCHECTMAN is appointed as District Legal Counsel for the District
effective May 11, 1994.
2. Duties
A. Administrative Duties
1) Attorney shall attend all regular and special meetings of the District
Board of Directors as needed. Attorney's duties in this connection
shall be to render advice and opinions with respect to legal matters
which may arise during such meetings, except legal matters which
may pertain to proceedings wherein specialized legal services are
to be provided by special counsel or which do not fall within
Attorney's scope of duties.
2) Attorney shall also attend meetings of committees and staff of the
District, when requested to do so by the District Board of Directors
or the District General Manager.
3) When requested to do so by the District Board of Directors or
District General Manager, Attorney shall prepare and review
resolutions, notices, contracts, leases, ordinances and other legal
documents and papers in matters pertaining to the District, and
shall also examine for legal sufficiency all documents submitted to
her by the District.
4) Attorney shall perform legal research as required to attend to the
legal needs of the District and shall review legislation and court
decisions to determine their effect upon District affairs.
5) Attorney shall cooperate with and assist the District, its officers,
directors, agents and employees on all general legal matters
pertaining to the District,including the enforcement of District laws,
ordinances and codes.
6) Attorney shall also perform such other related and appropriate legal
services for the District as may be requested by the District Board
of Directors or the District General Manager.
B. Litigation Duties
When requested to do so by the District Board of Directors, Attorney shall
represent the District in legal and administrative proceedings to which the
District may be a party.
3. Acting Attorney
Attorney shall select another person or persons to act as Legal Counsel to the
District in cases where Attorney is unable to act due to illness, vacation or other
reason. The selection of Acting Legal Counsel shall be subject to the approval of
the District Board of Directors.
4. Limitation on Duties
It is recognized that the District normally contracts with special counsel in certain
matters pertaining to the District, such as labor relations,workers' compensation,
general liability and bond issues. In the event legal services are provided by
special counsel, Attorney will be responsible for general oversight in such cases
to insure the District is effectively represented and for providing general legal
assistance and support to the special counsel as needed.
5. Compensation and Benefits
A. Commencing June 1, 1994, Attorney shall receive a monthly retainer for
performance of administrative duties in the amount of $3,600.00 per
month. The retainer will be payable by the District at the end of each
month based on the invoice submitted by Attorney.
B. In the event Attorney provides administrative legal services in excess of
one hundred twenty (120) hours in a three-month period, Attorney shall
receive an additional Ninety Dollars ($90.00) per hour as compensation for
the performance of legal services in excess of one hundred twenty hours.
Attorney will bill District for such excess hours on a quarterly basis.
C. In the event the Attorney represents the District in litigation, Attorney will
receive One Hundred Ten Dollars ($110.00) per hour as compensation for
performance of litigation services. Litigation services are not included in
the monthly retainer and shall be billed on a monthly basis.
D. In recognition of the importance of continuing public agency law education
- 2 -
to the Attorney's effective representation of the District, Attorney may
attend relevant professional seminars such as League of California Cities
City Attorney conferences at a cost not in excess of $1,000.00 per year for
travel,meals,lodging and conference expenses. Other District related legal
education or travel expenses may be approved by the District when
deemed in the best interest of the District.
E. At her sole expense, Attorney may choose to participate in any medical,
dental,vision,life insurance,disability insurance or deferred compensation
plan available to employees of the District on the same terms available to
those employees.
F. At her sole expense, Attorney may participate in and contribute to the
California Public Employees Retirement System retirement plan offered by
the District.
G. For the month of May, 1994, Attorney will receive a pro-rated retainer of
$2,400.00.
6. Reimbursement for Costs
Attorney shall be entitled to be reimbursed by the District for all costs advanced
in connection with litigation, for all long distance telephone calls made except
calls made to or from the District, for all costs of travel undertaken at the
direction of the District, and for costs of document reproduction, courier services,
and electronic legal research necessary, in providing legal services to the District.
District shall supply Attorney with appropriate official District letterhead,
envelopes and business cards. District may maintain such law library or legal
books as the District may deem convenient in assisting Attorney in rendering
legal services to the District.
7. Attorney shall submit to the District a monthly billing statement which shall
include an itemization of hours of services rendered during the previous month
and any costs and charges for which reimbursement is sought.
8. Attorney may terminate this Agreement upon ninety (90) days written notice to
District. District may terminate this Agreement upon thirty (30) days written
notice to Attorney.
9. In providing any legal services pursuant to this Agreement, Attorney is an
independent contractor and not an employee of the District.
10. On an annual basis, the District will review the performance of Attorney and will
consider any proposals by the District Board of Directors or Attorney to modify
or amend this Agreement.
- 3 -
IN WITNESS WHEREOF, the parties hereto have executed this Retainer Agreement this
11th day of May, 1994 at Los Altos, California.
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Virginia Babbitt, President Susan M. Schectman '
ATTEST:
Jean H. Fiddes, District Clerk
APPROVED AS TO FORM:
tanley rton, Legarecunsel
- 4 -
Open Space
1
R-94-57 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-13
May 11, 1994
AGENDA ITEM
Brown Act Briefing
GENERAL MANAGER'S RECOMMENDATION
Based on legal counsel's presentation, determine what follow-up report(s) and/or additional
information the Board desires.
DISCUSSION
Legislation became effective April 1, 1994 that made a number of substantive changes to the
Ralph M. Brown Act. You amended the District's Rules of Procedure on March 23 to reflect
some of the more salient changes made in the Brown Act (see report R-94-39).
As mentioned in March, the Board was to be thoroughly briefed on the changes in the Brown
Act by the District's new legal counsel. Susan Schectman is prepared to brief you on the
Brown Act at the May 11 meeting, assuming her retainer agreement for legal services is
approved by the Board.
A copy of the entire text of the Ralph M. Brown Act is attached. Additional copies of the
act are available at the District office for public review.
Prepared by:
Jean H. Fiddes, District Clerk
Contact person:
Same as above
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 19
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Text of the
Ralph M. Brown Act
April 1, 1994
(Reflecting Changes Made by
AB 1426, SB 36, SB 1140, and SB 752)
Additional copies may be purchased for $2.50 each, including sales tax, shipping and
handling.
PLEASE CONTACT:
League of California Cities
Publications Unit
1400 K Street, 4th floor
Sacramento, CA 95814
916/444-5790
t
Contents
1
CONTENTS
54950. Declaration of intent; sovereignty . . . . . . . . . . . . . . . . . . . . . . . 1
54950.5. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
54951. Local agency, definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
54952. Legislative body, definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
54952.1. Member of a legislative body, definition . . . . . . . . . . . . . . . . . . 2
54952.2. Meeting, definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
54952.6. Action taken, definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
54952.7. Copies of chapter to members of legislative body of local
agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
54953. Meetings to be open and public; attendance; video
teleconferencing; secret ballots . . . . . . . . . . . . . . . . . . . . . . . . . 4
54953.1. Testimony of members before grand jury . . . . . . . . . . . . . . . . . . 4
54953.3. Conditions to attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
54953.5. Recording of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
54953.6. Broadcast of proceedings . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . 5
54953.7. Allowance of greater access to meetings than minimal
standards in this chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
54954. Time and place of regular meetings; holidays; emergencies . . . . 6
54954.1. Mailed notice to persons who filed written request; time;
duration and renewal of requests; fees . . . . . . . . . . . . . . . . . . . . 7
54954.2. Agenda posting; action on other matters . . . . . . . . . . . . . . . . . . 8
League of California Cities April 1, 1994
ii
Contents
54954.3. Opportunity for public to address legislative body; adoption
of regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
54954.4. Reimbursements to local agencies and school districts for
costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
54954.5. Closed session agenda descriptions . . . . . . . . . . . . . . . . . . . . . 10
54954.6 New or increased taxes or assessments; hearings; notice . . . . . . 14
54955. Adjournment; adjourned meetings . . . . . . . . . . . . . . . . . . . . . . 17
54955.1. Continuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
54956. Special meetings; call; notice . . . . . . . . . . . . . . . . . . . . . . . . . . 18
54956.5. Emergency meetings in emergency situations . . . . . . . . . . . . . . 18
54956.6. Fees . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
54956.7. Closed sessions; license applications; rehabilitated criminals . . . 19
54956.8. Real property transactions; closed meeting with negotiator . . . . 20
54956.9. Pending litigation; closed session; attorney-client privilege;
notice; memorandum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
54956.95. Closed sessions; insurance pooling; tort liability losses; public
liability fosse • workers' compensation
satlon liability . . . . . . . . . . . . . 23
54957. Closed sessions; threat to public services; personnel matters;
exclusion of witnesses; "employee" defined; discussion of
compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
54957.1. Closed sessions; public report of action taken . . . . . . . . . . . . . 24
54957.2. Minute book record of closed sessions; inspection . . . . . . . . . . 26
54957.5. Agendas and other writings distributed for discussion or
consideration at public meetings; public records; inspection;
closed sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
League of California Cities April 1, 1994
Contents
ill
54957.6. Closed sessions; legislative body of local agencies; salaries,
salary schedules or fringe benefits; mandatory subjects;
"employee" defined; discussion of budget priorities . . . . . . . . . . 27
54957.7. Closed sessions; disclosure of items to be discussed; notice . . . 28
54957.8. Closed sessions; legislative body of a multijurisdictional drug
law enforcement agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
54957.9. Disorderly conduct during meeting; clearing of room . . . . . . . . 29
54958. Application of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
54959. Penalty for unlawful meeting . . . . . . . . . . . . . . . . . . . . . . . . . . 30
54960. Action to prevent violations or determine applicability of
chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
54960.1. Unlawful action by legislative body; action for mandamus or
injunction; prerequisites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54960.5. Costs and attorney fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
54961. Use of facility allowing discrimination; disclosure of victims'
identities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
54962. Closed session by legislative body prohibited . . . . . . . . . . . . . . 34
League of California Cities April 1, 1994
II
Text of the Ralph M.Brown Act 1
THE RALPH M. BROWN ACT'
54950. Declaration of intent; sovereignty
In enacting this chapter, the Legislature finds and declares that the public
commissions, boards and councils and the other public agencies in this State exist to aid
in the conduct of the people's business. It is the intent of the law that their actions be
taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right to
decide what is good for the people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain control over the instruments
they have created.
54950.5. Short title
This chapter shall be known as the Ralph A Brown Act.
54951. Local agency, definition
As used in this chapter, "local agency" means a county, city, whether general law
or chartered, city and county, town, school district, municipal corporation, district,
political subdivision, or any board, commission or agency thereof, or other local public
agency.
54952. Legislative body, definition
As used in this chapter, "legislative body" means:
(a) The governing body of a local agency or any other local body created by
state or federal statute.
All section references are to the Government Code, unless otherwise indicated.
eCalifornia of Cities Aril 1 199�i
�� P
2 Teat of the Ralph M.Brown Act
(b) A commission, committee, board, or other body of a local agency, whether
permanent or temporary, decisionmaking or advisory, created by charter, ordinance,
resolution, or formal action of a legislative body. However, advisory committees,
composed solely of the members of the legislative body which are less than a quorum of
the legislative body are not legislative bodies, except that standing committees of a
legislative body, irrespective of their composition, which have a continuing subject matter
jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal
action of a legislative body are legislative bodies for purposes of this chapter.
(c) A board, commission, committee, or other multimember body that governs
a private corporation or entity that either:
(1) Is created by the elected legislative body in order to exercise
authority that may lawfully be delegated by the elected governing body to a
private corporation or entity.
(2) Receives funds from a local agency and the membership of whose
governing body includes a member of the legislative body of the local agency
appointed to that governing body by the legislative body of the local agency.
(d) The lessee of any hospital the whole or part of which is first leased
pursuant to subdivision (p) of Section 32121 of the Health and Safety Code after January
1, 1994, where the lessee exercises any material authority of a legislative body of a local
agency delegated to it by that legislative body whether the lessee is organized and
operated by the local agency or by a delegated authority.
54952.1. Member of a legislative body, definition
Any person elected to serve as a member of a legislative body who has not yet
assumed the duties of office shall conform his or her conduct to the requirements of this
chapter and shall be treated for purposes of enforcement of this chapter as if he or she
has already assumed office.
54952.2. Meeting, definition
(a) As used in this chapter, "meeting" includes any congregation of a majority
of the members of a legislative body at the same time and place to hear, discuss, or
deliberate upon any item that is within the subject matter jurisdiction of the legislative
body or the local agency to which it pertains.
(b) Except as authorized pursuant to Section 54953, any use of direct
communication, personal intermediaries, or technological devices that is employed by a
majority of the members of the legislative body to develop a collective concurrence as to
action to be taken on an item by the members of the legislative body is prohibited.
League of California Cities April 1, 1994
Text of the Ralph M.Brown Act 3
(c) Nothing in this section shall impose the requirements of this chapter upon
any of the following:
(1) Individual contacts or conversations between a member of a
legislative body and any other person.
(2) The attendance of a majority of the members of a legislative body at
a conference or similar gathering open to the public that involves a discussion of
issues of general interest to the public or to public agencies of the type
represented by the legislative body, provided that a majority of the members do
not discuss among themselves, other than as part of the scheduled program,
business of a specified nature that is within the subject matter jurisdiction of the
local agency. Nothing in this paragraph is intended to allow members of the
public free admission to a conference or similar gathering at which the organizers
have required other participants or registrants to pay fees or charges as a
condition of attendance.
(3) The attendance of a majority of the members of a legislative body at
an open and publicized meeting organized to address a topic of local community
concern by a person or organization other than the local agency, provided that a
majority of the members do not discuss among themselves, other than as part of
the scheduled program, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative body at
an open and noticed meeting of another body of the local agency, provided that a
majority of the members do not discuss among themselves, other than as part of
the scheduled meeting, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at
a purely social or ceremonial occasion, provided that a majority of the members
do not discuss among themselves business of a specific nature that is within the
subject matter jurisdiction of the legislative body of the local agency.
54952.6. Action taken, definition
As used in this chapter, "action taken" means a collective decision made by a
majority of the members of a legislative body, a collective commitment or promise by a
majority of the members of a legislative body to make a positive or a negative decision,
or an actual vote by a majority of the members of a legislative body when sitting as a
body or entity, upon a motion, proposal, resolution, order or ordinance.
League of California Cities April 1. 1994
4 Text of the Ralph M.Brown Act
54952.7. Copies of chapter to members of legislative body of local agencies
A legislative body of a local agency may require that a copy of this chapter be
given to each member of the legislative body and any person elected to serve as a
member of the legislative body who has not assumed the duties of office. An elected
legislative body of a local agency may require that a copy of this chapter be given to
each member of each legislative body all or a majority of whose members are appointed
by or under the authority of the elected legislative body.
54953. Meetings to be open and public; attendance; video teleconferencing;
secret ballots
(a) All meetings of the legislative body of a local agency shall be open and
public, and all persons shall be permitted to attend any meeting of the legislative body of
a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a
local agency may use video teleconferencing for the benefit of the public or the
legislative body of a local agency in connection with any meeting or proceeding
authorized by law.
(2) The use of video teleconferencing, as authorized by this chapter,
shall be limited to the receipt of public comment or testimony by the legislative
body and to deliberations of the legislative body.
(3) If the legislative body of a local agency elects to use video
teleconferencing, it shall post agendas at all video teleconference locations and
adopt reasonable regulations to adequately protect the statutory or constitutional
rights of the parties or the public appearing before the legislative body of a local
agency.
(4) The term "video teleconference" shall mean a system which provides
for both audio and visual participation between all members of the legislative
body and the public attending a meeting or hearing at any video teleconference
location.
(c) No legislative body shall take action by secret ballot, whether preliminary
or final.
54953.1. Testimony of members before grand jury
The provisions of this chapter shall not be construed to prohibit the members of
the legislative body of a local agency from giving testimony in private before a grand
jury, either as individuals or as a body.
League of California Cities April 1, 1994
Text of the Mph M.Brown Act 5
54953.3. Conditions to attendance
A member of the public shall not be required, as a condition to attendance at a
meeting of a legislative body of a local agency, to register his or her name, to provide
other information, to complete a questionnaire, or otherwise to fulfill any condition
precedent to his or her attendance.
If an attendance list, register, questionnaire, or other similar document is posted
at or near the entrance to the room where the meeting is to be held, or is circulated to
the persons present during the meeting, it shall state clearly that the signing, registering,
or i c m le o p ton of the document is voluntary, and that all persons may attend the meeting
regardless of whether a person signs, registers, or completes the document.
54953.5. Recording of meetings
(a) Any person attending an open and public meeting of a legislative body of a
local agency shall have the right to record the proceedings with an audio or video tape
recorder or a still or motion picture camera in the absence of a reasonable finding by
the legislative body of the local agency that the recording cannot continue without noise,
illumination, or obstruction of view that constitutes, or would constitute, a persistent
disruption of the proceedings.
(b) Any tape or film record of an open and public meeting made for whatever
purpose by or at the direction of the local agency shall be subject to inspection pursuant
to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1), but, notwithstanding Section 34090, may be erased or destroyed 30
days after the taping or recording. Any inspection of a video or tape recording shall be
provided without charge on a tape player made available by the local agency.
54953.6. Broadcast of proceedings
No legislative body of a local agency shall prohibit or otherwise restrict the
broadcast of its open and public meetings in the absence of a reasonable finding that the
broadcast cannot be accomplished without noise, illumination, or obstruction of view that
would constitute a persistent disruption of the proceedings.
league of California Cities April 1, 1994
6 Teat of the Ralph M.Brown Act
54953.7. Allowance of greater access to meetings than minimal standards in
this chapter
Notwithstanding any other provision of law, legislative bodies of local agencies
may impose requirements upon themselves which allow greater access to their meetings
than prescribed by the minimal standards set forth in this chapter. In addition thereto,
an elected legislative body of a local agency may impose such requirements on those
appointed legislative bodies of the local agency of which all or a majority of the
members area appointed b or under the authorityof the elected legislative body.
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54954. Time and place of regular meetings; holidays; emergencies
(a) The legislative body of a local agency shall provide, by ordinance,
resolution, bylaws, or by whatever other rule is required for the conduct of business by
that body, the time and place for holding regular meetings.
(b) Regular and special meetings of the legislative body shall be held within
the boundaries of the territory over which the local agency exercises jurisdiction except
to do any of the following:
(1) Comply with state or federal law or court order, or attend a judicial
or administrative proceeding to which the local agency is a party.
(2) Inspect real or personal property which cannot be conveniently
brought within the boundaries of the territory over which the local agency
exercises jurisdiction provided that the topic of the meeting is limited to items
directly relate , to the real or personal property.
(3) Participate in meetings or discussions of multiagency significance
that are outside the boundaries of a local agency's jurisdiction. However, any
meeting or discussion held pursuant to this subdivision shall take place within the
jurisdiction of one of the participating local agencies and be noticed by all
participating agencies as provided for in this chapter.
(4) Meet in the closest meeting facility if the local agency has no
meeting facility within the boundaries of the territory over which the local agency
exercises jurisdiction, or at the principal office of the local agency if that office is
located outside he territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate jurisdiction with elected or appointed
officials of the United States or the State of California when a local meeting
would be impractical, solely to discuss a legislative or regulatory issue affecting
the local agency and over which the federal or state officials have jurisdictions
League of California Cities April 1, 1994
Text of the Ralph M.Brown Act 7
(6) Meet outside their immediate jurisdiction if the meeting takes place
in or nearby a facility owned by the agency, provided that the topic of the meeting
is limited to items directly related to the facility.
(7) Visit the office of the local agency's legal counsel for a closed
session on pending litigation held pursuant to Section 54956.9, when to do so
would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall be held within
the district except under the circumstances enumerated in subdivision (b), or to do any
of the following:
(1) Attend a conference on nonadversarial collective bargaining
techniques.
(2) Interview members of the public residing in another district with
reference to the trustees' potential employment of the superintendent of that
district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the territory of at
least one of its member agencies, or as provided in subdivision (b). However, a joint
powers authority which has members throughout the state may meet at any facility in the
state which complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or other emergency, it shall be
unsafe to meet in the place designated, the meetings shall be held for the duration of
the emergency at the place designated by the presiding officer of the legislative body or
his or her designee in a notice to the local media that have requested notice pursuant to
Section 54956, by the most rapid means of communication available at the time.
54954.1. Mailed notice to persons who filed written request; time; duration
and renewal of requests; fees
The legislative body which is subject to the provisions of this chapter shall give
mailed notice of every regular meeting, and any special meeting which is called at least
one week prior to the date set for the meeting, to any person who has filed a written
request for that notice with the legislative body. Any mailed notice required pursuant to
this section shall be mailed at least one week prior to the date set for the meeting to
which it applies except that the legislative body may give the notice as it deems practical
of special meetings called less than seven days prior to the date set for the meeting.
League of California Cities April 1, 1994
8 Text of the Ralph M:Brown Act
Any request for notice filed pursuant to this section shall be valid for one year
from the date on which it is filed unless a renewal request is filed. Renewal requests for
notice shall be filed within 90 days after January 1 of each year.
The failure of any person to receive the notice given pursuant to this section shall
not constitute grounds for any court to invalidate the actions of the legislative body for
which the notice was given.
The legislative body may establish a reasonable annual fee for sending the notice
based on the estimated cost of providing the service.
54954.2. Agenda posting; action on other matters
(a) At least 72 hours before a regular meeting, the legislative body of the local
agency, or its designee, shall post an agenda containing a brief general description of
each item of business to be transacted or discussed at the meeting, including items to be
discussed in closed session. A brief general description of an item generally need not
exceed 20 words. The agenda shall specify the time and location of the regular meeting
and shall be posted in a location that is freely accessible to members of the public.
No action or discussion shall be undertaken on any item not appearing on the
posted agenda, except that members of a legislative body or its staff may briefly respond
to statements made or questions posed by persons exercising their public testimony rights
under Section 54954.3. In addition, on their own initiative or in response to questions
posed by the public, a member of a legislative body or its staff may ask a question for
clarification, make a brief announcement, or make a brief report on his or her own
activities. Furthermore, a member of a legislative body, or the body itself, subject to
rules or procedures of the legislative body, may provide a reference to staff or other
resources for factual information, request staff to report back to the body at a
subsequent meeting concerning any matter, or take action to direct staff to place a
matter of business on a future agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on
items of business not appearing on the posted agenda under any of the conditions stated
below. Prior to discussing any item pursuant to this subdivision, the legislative body shall
publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that
an emergency situation exists, as defined in Section 54956.5.
League of California Cities April 1. 1994
Text of the Ralph M.Brown Act 9
(2) Upon a determination by a two-thirds vote of the legislative body,
or, if less than two-thirds of the members are present, a unanimous vote of those
members present, that there is a need to take immediate action and that the need
for action came to the attention of the local agency subsequent to the agenda
being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting
of the legislative body occurring not more than five calendar days prior to the
date action is taken on the item, and at the prior meeting the item was continued
to the meeting at which action is being taken.
54954.3. Opportunity for public to address legislative body; adoption of
regulations
(a) Every agenda for regular meetings shall provide an opportunity for
members of the public to directly address the legislative body on any item of interest to
the public, before or during the legislative body's consideration of the item, that is within
the subject matter jurisdiction of the legislative body, provided that no action shall be
taken on any item not appearing on the agenda unless the action is otherwise authorized
by subdivision (b) of Section 54954.2. However, the agenda need not provide an
opportunity for members of the public to address the legislative body on any item that
has already been considered by a committee, composed exclusively of members of the
legislative body, at a public meeting wherein all interested members of the public were
afforded the opportunity to address the committee on the item, before or during the
committee's consideration of the item, unless the item has been substantially changed
since the committee heard the item, as determined by the legislative body. Every notice
for a special meeting shall provide an opportunity for members of the public to directly
address the legislative body concerning any item that has been described in the notice for
the meeting before or during consideration of that item.
(b) The legislative body of a local agency may adopt reasonable regulations to
ensure that the intent of subdivision (a) is carried out, including, but not limited to,
regulations limiting the total amount of time allocated for public testimony on particular
issues and for each individual speaker.
(c) The legislative body of a local agency shall not prohibit public criticism of
the policies, procedures, programs, or services of the agency, or of the acts or omissions
of the legislative body. Nothing in this subdivision shall confer any privilege or
protection for expression beyond that otherwise provided by law.
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10 Text of the Ralph M.Brown Act
54954.4. Reimbursements to local agencies and school districts for costs
(a) The Legislature hereby finds and declares that Section 12 of Chapter 641
of the Statutes of 1986, authorizing reimbursement to local agencies and school districts
for costs mandated by the state pursuant to that act, shall be interpreted strictly. The
intent of the Legislature is to provide reimbursement for only those costs which are
clearly and unequivocally incurred as the direct and necessary result of compliance with
Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials
involved in reviewing or authorizing claims for reimbursement, or otherwise participating
in the reimbursement process, to rigorously review each claim and authorize only those
claims, or parts thereof, which represent costs which are clearly and unequivocally
incurred as the direct and necessary result of compliance with Chapter 641 of the
Statutes of 1986 and for which complete documentation exists. For purposes of Section
54954.2, costs eligible for reimbursement shall only include the actual cost to post a
single agenda for any one meeting.
(c) The Legislature hereby finds and declares that complete, faithful, and
uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of
overriding public importance. Unless specifically stated, no future Budget Act, or related
budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or
otherwise modify the legal obligation and duty of local agencies to fully comply with
Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner.
54954.5. Closed session agenda descriptions
For purposes of describing closed session items pursuant to Section 54954.2, the
agenda may describe closed sessions as provided below. No legislative body or elected
official shall be in violation of Section 54954.2 or 54956 if the closed session items were
described in substantial compliance with this section. Substantial compliance is satisfied
by including the information provided below, irrespective of its format.
(a) With respect to a closed session held pursuant to Section 54956.7:
LICENSE/PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
League of California Cities April 1. 1994
Text of the Ralph M.Brown Act
(b) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: (Specify street address, or if no street address, the parcel
number or other unique reference, of the real property under
negotiation)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator will
concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Name of case: (Specify by reference to claimant's name, names-of
parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (Specify number of potential cases)
(In addition to the information noticed above, the agency may be
required to provide additional information on the agenda or in an
oral statement prior to the closed session pursuant to subparagraphs
(B) to (E), inclusive, of paragraph (3) of subdivision (b) of Section
54956.9.)
Initiation of litigation pursuant to subdivision (c) of Section 54956.9:
(Specify number of potential cases)
League of California Cities April 1, 1994
12 Text of the Ralph M.Brown Act
(d) With respect to every item of business to be discussed in closed session
pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section
54961)
Agency claimed against: (Specify name)
(e) With respect to every item of business to be discussed in closed session
pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and
title of officer)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
(No additional information is required in connection with a closed
session to consider discipline, dismissal, or release of a public
employee. Discipline includes potential reduction of compensation.)
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Text of the Ralph M.Brown Act 13
(f) With respect to every item of business to be discussed in closed session
pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: (Specify name)
Employee organization: (Specify name of organization representing
employee or employees in question)
or
Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section 54957.8:
CASE REVIEW/PLANNING
(No additional information is required in connection with a closed session
to consider case review or planning.)
(h) With respect to every item of business to be discussed in closed session
pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections
37606 and 37624.3 of the Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern
proposed new service, program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (Specify whether testimony/deliberation will concern
staff privileges, report of medical audit committee, or report of
quality assurance committee)
League of California Cities April 1, 1994
14 Text of the Ralph M.Brawn Act
54954.6 New or increased taxes or assessments; hearings; notice
(a) (1) Before adopting any new or increased general tax or any new or
increased assessment, the legislative body of a city, county, special district, or joint
powers authority shall conduct at least one public meeting at which local officials
must allow public testimony regarding the proposed new or increased general tax
or new or increased assessment in addition to the noticed g
public hearing at which
P
the legislative body proposes to enact or increase the general tax or assessment.
For purposes of this section, the term "new or increased assessment" does not
include any of the following:
(A) A fee which does not exceed the reasonable cost of providing
the services, facilities, or regulatory activity for which the fee is charged.
(B) A service charge or benefit charge, unless a special district's
principal act requires service charges or benefit charges to conform to the
requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same or
lower amount as any previous year.
(D) An assessment which does not exceed an assessment formula
or range of assessments previously adopted by the agency or approved by
the voters in the area where the assessment is imposed.
(E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days' public notice of
the public hearing at which the legislative body proposes to enact or
increase the general tax or assessment. The legislative body shall provide
notice for the public meeting at the same time and in the same document
as the notice for the public hearing, but the meeting shall occur prior to
the hearing.
(b) (1) The joint notice of both the public meeting and the public hearing
required by subdivision (a) with respect to a proposal for a new or increased
general tax shall be accomplished by placing a display advertisement of at least
one-eighth page in a newspaper of general circulation for three weeks pursuant to
g Pgg
Section 6063 and by a first-class mailing to those interested parties who have filed
a written request with the local agency for mailed notice of public meetings or
hearings on new or increased general taxes. The public meeting pursuant to
subdivision (a) shall take place no earlier than 10 days after the first publication
of the joint notice pursuant to this subdivision. The public hearing shall take place
League of California Cities April 1, 1994
Teat of the Ralph M.Brown Act 15
no earlier than seven days after the public meeting pursuant to this subdivision.
Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include
notice of the public meeting after the meeting has taken place. The public
hearing pursuant to subdivision (a) shall take place no earlier than 45 days after
the first publication of the joint notice pursuant to this subdivision. The public
hearing shall take place no earlier than seven days after the public meeting
pursuant to this subdivision. Any written request for mailed notices shall be
effective for one year from the date on which it is filed unless a renewal request is
filed. Renewal requests for mailed notices shall be filed on or before April 1 of
each year. The legislative body may establish a reasonable annual charge for
sending notices based on the estimated cost of providing the service.
(2) The notice required by paragraph (1) of this subdivision shall include,
but not be limited to, the following:
(A) The amount or rate of the tax. If the tax is proposed to be
increased from any previous year, the joint notice shall separately state
both the existing tax rate and the proposed tax rate increase.
(B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the tax
annually.
(D) The method and frequency for collecting the tax.
(E) The dates, times, and locations of the public meeting and
hearing described in subdivision (a).
(F) The phone number and address of an individual, office, or
organization that interested persons may contact to receive additional
information about the tax.
(c) (1) The joint notice of both the public meeting and the public hearing
required by subdivision (a) with respect to a proposal for a new or increased
assessment on real property shall be accomplished through a mailing, postage
prepaid, in the United States mail and shall be deemed given when so deposited.
The public meeting pursuant to subdivision (a) shall take place no earlier than 10
days after the joint mailing pursuant to this subdivision. The public hearing shall
take place no earlier than seven days after the public meeting pursuant to this
subdivision. The envelope or the cover of the mailing shall include the name of
the local agency and the return address of the sender. This mailed notice shall be
League of California Cities April 1, 1994
16 Teat of the Ralph M.Brown Act
in at least 10-point type and be given to all property owners proposed to be
subject to the new or increased assessment by a mailing by name to those persons
whose names and addresses appear on the last equalized county assessment roll or
the State Board of Equalization assessment roll, as the case may be.
(2) The joint notice required by paragraph (1) of this subdivision shall
include, but not be limited to, the following:
(A) The estimated amount of the assessment per parcel. If the
assessment is proposed to be increased from any previous year, the joint
notice shall separately state both the amount of the existing assessment and
the proposed assessment increase.
(B) A general description of the purpose or improvements that
the assessment will fund.
(C) The address to which property owners may mail a protest
against the assessment.
(D) The phone number and address of an individual, office, or
organization that interested persons may contact to receive additional
information about the assessment.
(E) A statement that a majority protest will cause the assessment
to be abandoned if the assessment act used to levy the assessment so
provides. Notice must also state the percentage of protests required to
trigger an election, if applicable.
(F) The dates, times, and locations of the public meeting and
hearing described in subdivision (a).
(3) Notwithstanding paragraph (1), in the case of an assessment which is
proposed exclusively for operation and maintenance expenses for an entire city,
county, or district, or operation and maintenance assessments proposed to be
levied on 50,000 parcels or more, notice may be provided pursuant to paragraph
(1) of subdivision (b) and shall include the information required by paragraph (2)
of subdivision (c).
League of California Cities April 1, 1994
Text of the Ralph M.Brown Act 17
(4) Notwithstanding paragraph (1), in the case of an assessment
proposed to be levied pursuant to Part 2 (commencing with Section 22500) of
Division 2 of the Streets and Highways Code by a regional park district, regional
park and open-space district, or regional open-space district formed pursuant to
Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or
pursuant to Division 26 (commencing with Section 35100) of, the Public
Resources Code, notice may be provided pursuant to paragraph (1) of subdivision
(b).
(d) The notice requirements imposed by this section shall be construed as
additional to, and not to supersede, existing provisions of law, and shall be applied
concurrently with the existing provisions so as to not delay or prolong the governmental
decisionmaking process.
(e) This section shall not apply to any new or increased general tax or any new
or increased assessment that requires an election of either of the following:
(1) The property owners subject to the assessment.
(2) The voters within the city, county, special district, or joint powers
authority imposing the tax or assessment.
(f) Nothing in this section shall prohibit a local agency from holding a
consolidated meeting or hearing at which the legislative body discusses multiple tax or
assessment proposals.
(g) The local agency may recover the reasonable costs of public meetings,
public hearings, and notice required by this section from the proceeds of the tax or
assessment. The costs recovered for these purposes, whether recovered pursuant to this
subdivision or any other provision of law, shall not exceed the reasonable costs of the
public meetings, public hearings, and notice.
54955. Adjournment; adjourned meetings
The legislative body of a local agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to time. If all members
are absent from any regular or adjourned regular meeting the clerk or secretary of the
legislative body may declare the meeting adjourned to a stated time and place and he
shall cause a written notice of the adjournment to be given in the same manner as
provided in Section 54956 for special meetings, unless such notice is waived as provided
for special meetings. A copy of the order or notice of adjournment shall be
conspicuously posted on or near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held within 24 hours after the time of
League of California Cities April 1, 1994
18 Text of the Ralph M.P
M Brown Act
the adjournment. When a regular or adjourned regular meeting is adjourned as provided
in this section, the resulting adjourned regular meeting is a regular meeting for all
purposes. When an order of adjournment of any meeting fails to state the hour at which
the adjourned meeting is to be held, it shall be held at the hour specified for regular
meetings by ordinance, resolution, by law, or other rule.
54955.1. Continuance
Any hearing being held, or noticed or ordered to be held, by a legislative body of
a local agency at any meeting may by order or notice of continuance be continued or
recontinued to any subsequent meeting of the legislative body in the same manner and
to the same extent set forth in Section 54955 for the adjournment of meetings; provided,
that if the hearing is continued to a time less than 24 hours after the time specified in
the order or notice of hearing, a copy of the order or notice of continuance of hearing
shall be posted immediately following the meeting at which the order or declaration of
continuance was adopted or made.
54956. Special meetings; call; notice
A special meeting may be called at any time by the presiding officer of the
legislative body of a local agency, or by a majority of the members of the legislative
body, by delivering personally or by mail written notice to each member of the legislative
body and to each local newspaper of general circulation, radio or television station
requesting notice in writing. The notice shall be delivered personally or by mail and
shall be received at least 24 hours before the time of the meeting as specified in the
notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted or discussed. No other business shall be considered at
these meetings by the legislative body. The written notice may be dispensed with as to
any member who at or prior to the time the meeting convenes files with the clerk or
secretary of the legislative body a written waiver of notice. The waiver may be given by
telegram. The written notice may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes.
The call and notice shall be posted at least 24 hours prior to the special meeting
in a location that is freely accessible to members of the public.
54956.5. Emergency meetings in emergency situations
In the case of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with either the 24-
hour notice requirement or the 24-hour posting requirement of Section 54956 or both of
the notice and posting requirements.
League of California Cities April 1, 1994
Text of the Ralph M.Brown Act 19
For u h'purposes of this section "emergency situation means an of the following:
P rP g cY Y
(a) Work stoppage or other activity which severely impairs public health,
safety, or both, as determined by a majority of the members of the legislative body.
(b) Crippling disaster which severely impairs public health, safety, or both, as
determined by a majority of the members of the legislative body.
However, each local newspaper of general circulation and radio or television
station which has requested notice of special meetings pursuant to Section 54956 shall be
notified by the presiding officer of the legislative body, or designee thereof, one hour
prior to the emergency meeting by telephone and all telephone numbers provided in the
most recent request of such newspaper or station for notification of special meetings
shall be exhausted. In the event that telephone services are not functioning, the notice
requirements of this section shall be deemed waived, and the legislative body, or
designee of the legislative body, shall notify those newspapers, radio stations, or
television stations of the fact of the holding of the emergency meeting, the purpose of
the meeting, and any action taken at the meeting as soon after the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not meet in closed
session during a meeting called pursuant to this section.
All special meeting requirements, as prescribed in Section 54956 shall be
applicable to a meeting called pursuant to this section, with the exception of the 24-hour
notice requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the
presiding officer of the legislative body, or designee of the legislative body, notified or
attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting
shall be posted for a minimum of 10 days in a public place as soon after the meeting as
possible.
54956.6. Fees
No fees may be charged by the legislative body of a local agency for carrying out
any provision of this chapter, except as specifically authorized by this chapter.
54956.7. Closed sessions; license applications; rehabilitated criminals
Whenever a legislative body of a local agency determines that it is necessary to
discuss and determine whether an applicant for a license or license renewal, who has a
criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may
hold a closed session with the applicant and the applicant's attorney, if any, for the
purpose of holding the discussion and making the determination. If the legislative body
League of California Cities April 1, 1994
20 Text of the Ralph M.Brown Act
determines, as a result of the closed session, that the issuance or renewal of the license
should be denied, the applicant shall be offered the opportunity to withdraw the
application. If the applicant withdraws the application, no record shall be kept of the
discussions or decisions made at the closed session and all matters relating to the closed
session shall be confidential. If the applicant does not withdraw the application, the
legislative body shall take action at the public meeting during which the closed session is
held or at its next public meeting g denying the application for the license but all matters
�
relatingto the closed session are confidential and shall not be disclosed without the
consent of the applicant, except in an action by an applicant who has been denied a
license challenging the denial of the license.
54956.8. Real property transactions; closed meeting with negotiator
Notwithstanding any other provision of this chapter, a legislative body of a local
agency may hold a closed session with its negotiator prior to the purchase, sale,
exchange, or lease of real property by or for the local agency to grant authority to its
negotiator regarding the price and terms of payment for the purchase, sale, exchange, or
lease.
However, prior to the closed session, the legislative body of the local agency shall
hold an open and public session in which it identifies the real property or real properties
which the negotiations may concern and the person or persons with whom its negotiator
may negotiate.
For the purpose of this section, the negotiator may be a member of the legislative
body of the lo
cal agency.
For purposes of this section, "lease" includes renewal or renegotiation of a lease.
Nothing in this section shall preclude a local agency from holding a closed session
for discussions regarding eminent domain proceedings pursuant to Section 54956.9.
54956.9. Pending litigation.; closed session; attorney-client privilege; notice;
memorandum
Nothing in this chapter shall be construed to prevent a legislative body of a local
agency, based on advice of its legal counsel, from holding a closed session to confer with,
or receive advice from, its legal counsel regarding pending litigation when discussion in
open session concerning those matters would prejudice the position of the local agency in
the litigation.
League of California Cities April 1, 1994
Text of the Ralph M.Brown Act 21
For purposes of this chapter, all expressions of the lawyer-client privilege other
than those provided in this section are hereby abrogated. This section is the exclusive
expression of the lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this chapter.
For purposes of this section, "litigation" includes any adjudicatory proceeding,
including eminent domain, before a court, administrative body exercising its adjudicatory
authority, hearing officer, or arbitrator.
For purposes of this section, litigation shall be considered pending when any of
the following circumstances exist:
(a) Litigation, to which the local agency is a party, has been initiated formally.
(b) (1) A point has been reached where, in the opinion of the legislative
body of the local agency on the advice of its legal counsel, based on existing facts
and circumstances, there is a significant exposure to litigation against the local
agency.
(2) Based on existing facts and circumstances, the legislative body of the
local agency is meeting only to decide whether a closed session is authorized
pursuant to paragraph (1) of this subdivision.
(3) For purposes of paragraphs (1) and (2), "existing facts and
circumstances" shall consist only of one of the following:
(A) Facts and circumstances that might result in litigation against
the local agency but which the local agency believes are not yet known to a
potential plaintiff or plaintiffs, which facts and circumstances need not be
disclosed.
(B) Facts and circumstances, including, but not limited to, an
accident, disaster, incident, or transactional occurrence that might result in
litigation against the agency and that are known to a potential plaintiff or
plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced.
(C) The receipt of a claim pursuant to the Tort Claims Act or
some other written communication from a potential plaintiff threatening
litigation, which claim or communication shall be available for public
inspection pursuant to Section 54957.5.
League of California Cities April 1, 1994
22 Tent of the Ralph M.Brawn Act
(D) A statement made by a person in an open and public meeting
threatening litigation on a specific matter within the responsibility of the
legislative body.
(E) A statement threatening litigation made by a person outside
an open and public meeting on a specific matter within the responsibility of
the legislative body so long as the official or employee of the local agency
receiving knowledge of the threat makes a contemporaneous or other
record of the statement prior to the meeting, which record shall be
available for public inspection pursuant to Section 54957.5. The records so
created need not identify the alleged victim of unlawful or tortious sexual
conduct or anyone making the threat on their behalf, or identify a public
employee who is the alleged perpetrator of any unlawful or tortious
conduct upon which a threat of litigation is based, unless the identity of the
person has been publicly disclosed.
(F) Nothing in this section shall require disclosure of written
communications that are privileged and not subject to disclosure pursuant
to the California Public Records Act (Chapter 3.5 (commencing with
Section 6250) of Division 7 of Title 1).
(c) Based on existing facts and circumstances, the legislative body of the local
agency has decided to initiate or is deciding whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the legislative body of
the local agency shall state on the agenda or publicly announce the subdivision of this
section that authorizes the closed session. If the session is closed pursuant to subdivision
(a), the body shall state the title of or otherwise specifically identify the litigation to be
discussed, unless the body states that to do so would jeopardize the agency's ability to
effectuate service of process upon one or more unnerved parties, or that to do so would
jeopardize its ability to conclude existing settlement negotiations to its advantage.
A local agency shall be considered to be a "party" or to have a "significant
exposure to litigation" if an officer or employee of the local agency is a party or has a
significant exposure to litigation concerning prior or prospective activities or alleged
activities during the course and scope of that office or employment, including litigation in
which it is an issue whether an activity is outside the course and scope of the office or
employment.
League of California Cities April 1, 1994
Text of the Ralph M.Brown Act
p 23
54956.95. Closed sessions; insurance pooling; tort liability losses; public
liability losses; workers' compensation liability
(a) Nothing in this chapter shall be construed to prevent a joint powers agency
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7
of Title 1, for purposes of insurance pooling, or a local agency member of the joint
powers agency, from holding a closed session to discuss a claim for the payment of tort
liability losses, public liability losses, or workers' compensation liability incurred by the
joint powers agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency
Self-Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section
6599.01) of Division 7 of Title 1, or a local agency member of the authority, from
holding a closed session to discuss a claim for the payment of tort liability losses, public
liability losses, or workers' compensation liability incurred by the authority or a local
agency member of the authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with
respect to any other local agency.
54957. Closed sessions; threat to public services; personnel matters;
exclusion of witnesses; "employee" defined; discussion of
compensation
Nothing contained in this chapter shall be construed to prevent the legislative
body of a local agency from holding closed sessions with the Attorney General, district
attorney, sheriff, or chief of police, or their respective deputies, on matters posing a
threat to the security of public buildings or a threat to the public's right of access to
public services or public facilities, or from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation of performance,
discipline, or dismissal of a public employee or to hear complaints or charges brought
against the employee by another person or employee unless the employee requests a
public session.
As a condition to holding a closed session on specific complaints or charges
brought against an employee by another person or employee, the employee shall be
given written notice of his or her right to have the complaints or charges heard in an
open session rather than a closed session, which notice shall be delivered to the
employee personally or by mail at least 24 hours before the time for holding the session.
If notice is not given, any disciplinary or other action taken by the legislative body
against the employee based on the specific complaints or charges in the closed session
shall be null and void.
League of California Cities April 1, 1994
24 Text of the Ralph M.Brown Act
The legislative body also may exclude from the public or closed meeting, during
the examination of a witness, any g g or all other witnesses in the matter being investigated
by the legislative body.
For the purposes of this section, the term "employee" shall include an officer or
an independent
ent contractor who functions as an officer or an employee ut h
pb s all not
include any elected official, member of a legislative body or other independent
contractors. Nothing in this section shall limit local officials' ability to hold closed
session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety
Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held
pursuant to this section shall not include discussion or action on proposed compensation
except for a reduction of compensation that results from the imposition of discipline.
54957.1. Closed sessions; public report of action taken
(a) The legislative body of any local agency shall publicly report any action
taken in closed session and the vote or abstention of every member present thereon, as
follows:
(1) Approval of an agreement concluding real estate negotiations
pursuant to Section 54956.8 shall be reported after the agreement is final, as
specified below:
(A) If its own approval renders the agreement final, the body
shall report that approval and the substance of the agreement in open
session at the public meeting during which the closed session is held.
(B) If final approval rests with the other party to the negotiations,
the local agency shall disclose the fact of that approval and the substance
of the agreement upon inquiry by any person, as soon as the other party or
its agent has informed the local agency of its approval.
(2) Approval given to its legal counsel to defend, or seek or refrain
from seeking appellate review or relief, or to enter as an amicus curiae in any
form of litigation as the result of a consultation under Section 54956.9 shall be
reported in open session at the public meeting during which the closed session is
held. The report shall identify, if known, the adverse party or parties and the
substance of the litigation. In the case of approval given to initiate or intervene
in an action, the announcement need not identify the action, the defendants, or
other particulars, but shall specify that the direction to initiate or intervene in an
action has been given and that the action, the defendants, and other particulars
League of California Cities April 1, 1994
The Ralph M.Brown Act 15
shall, once formally commenced, be disclosed to any person upon inquiry, unless
to do so would jeopardize the agency's ability to effectuate service of process on
one or more unserved parties, or that to do so would jeopardize its ability to
conclude existing settlement negotiations to its advantage.
(3) Approval given to its legal counsel of a settlement of pending
litigation, as defined in Section 54956.9, at any stage prior to or during a judicial
or quasi-judicial proceeding shall be reported after the settlement is final, as
specified below:
(A) If the legislative body accepts a settlement offer signed by the
opposing party, the body shall report its acceptance and identify the
substance of the agreement in open session at the public meeting during
which the closed session is held.
(B) If final approval rests with some other party to the litigation
or with the court, then as soon as the settlement becomes final, and upon
inquiry by any person, the local agency shall disclose the fact of that
approval, and identify the substance of the agreement.
(4) Disposition reached as to claims discussed in closed session pursuant
to Section 54956.95 shall be reported as soon as reached in a manner that
identifies the name of the claimant, the name of the local agency claimed against,
the substance of the claim, and any monetary amount approved for payment and
agreed upon by the claimant.
5 Action taken to appoint, employ, dismiss, accept the resignation of,
( ) PPP g
or otherwise affect the employment status of a public employee in closed session
pursuant to Section 54957 shall be reported at the public meeting during which
the closed session is held. Any report required by this paragraph shall identify the
title of the position. The general requirement of this paragraph notwithstanding,
the report of the dismissal or of the nonrenewal of an employment contract shall
be deferred until the first public meeting following the exhaustion of
administrative remedies, if any.
(6) Approval of an agreement concluding labor negotiations with
represented employees pursuant to Section 54957.6 shall be reported after the
agreement is final and has been accepted or ratified by the other party. The
report shall identify the item approved and the other party or parties to the
negotiation.
League of California Cities April 1, 1994
I
26 The Ralph M.Brown Act
(b) Reports that are required to be made pursuant to this section may be
made orally or in writing. The legislative body shall provide to any person who has
submitted a written request to the legislative body within 24 hours of the posting of the
agenda, or to any person who has made a standing request for all documentation as part
of a request for notice of meetings pursuant to Section 54954.1 or 54956, if the requester
is present at the time the closed session ends, copies of any contracts, settlement
agreements, or other documents that were finally approved or adopted in the closed
session. If the action taken results in one or more substantive amendments to the
related documents requiring retyping, the documents need not be released until the
retyping is completed during normal business hours, provided that the presiding officer of
the legislative body or his or her designee orally summarizes the substance of the
amendments for the benefit of the document requester or any other person present and
requesting the information.
(c) The documentation referred to in paragraph (b) shall be available to any
person on the next business day following the meeting in which the action referred to is
taken or, in the case of substantial amendments, when any necessary retyping is
complete.
(d) Nothing in this section shall be construed to require that the legislative
body approve actions not otherwise subject to legislative body approval.
(e) No action for injury to a reputational, liberty, or other personal interest
may be commenced by or on behalf of any employee or former employee with respect to
whom a disclosure is made by a legislative body in an effort to comply with this section.
54957.2. Minute book record of closed sessions; inspection
(a) The legislative body of a local agency may, by ordinance or resolution,
designate a clerk or other officer or employee of the local agency who shall then attend
each closed session of the legislative body and keep and enter in a minute book a record
of topics discussed and decisions made at the meeting. The minute book made pursuant
to this section is not a public record subject to inspection pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), and shall be kept confidential. The minute book shall be available only to members
of the legislative body or, if a violation of this chapter is alleged to have occurred at a
closed session, to a court of general jurisdiction wherein the local agency lies. Such
minute book may, but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each
legislative body all or a majority of whose members are appointed by or under the
authority of the elected legislative body keep a minute book as prescribed under
subdivision (a).
League of California Cities April 1, 1994
i
The Ralph M.Brown Act 27
54957.5. Agendas and other writings distributed for discussion or
consideration at public meetings; public records; inspection; closed
sessions
(a) Notwithstanding Section 6255 or any other provisions of law, agendas of
public meetings and any other writings, when distributed to all, or a majority of all, of
the members of a legislative body of a local agency by any person in connection with a
matter subject to discussion or consideration at a public meeting of the body, are
disclosable public records under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), and shall be made available
upon request without delay. However, this section shall not include any writing exempt
from public disclosure under Section 6253.5, 6254, or 6254.7.
(b) Writings which are public records under subdivision (a) and which are
distributed during a public meeting shall be made available for public inspection at the
meeting if prepared by the local agency or a member of its legislative body, or after the
meeting if prepared by some other person.
(c) Nothing in this chapter shall be construed to prevent the legislative body of
a local agency from charging a fee or deposit for a cop- of a public record pursuant to
Section 6257.
(d) This section shall not be construed to limit or delay the public's right to
inspect any record required to be disclosed under the requirements of the California
Public Records Act (Chapter 3.5 (commencing with Section 6250), Division 7, Title 1).
Nothing in this chapter shall be construed to require a legislative body of a local agency
to place any paid advertisement or any other paid notice in any publication.
54957.6. Closed sessions; legislative body of local agencies; salaries, salary
schedules or fringe benefits; mandatory subjects; "employee"
defined; discussion of budget priorities
(a) Notwithstanding any other provision of law, a legislative body of a local
agency may hold closed sessions with the local agency's designated representatives
regarding the salaries, salary schedules, or compensation paid in the form of fringe
benefits of its represented and unrepresented employees, and, for represented
employees, any other matter within the statutorily-provided scope of representation.
Closed sessions of a legislative body of a local agency, as permitted in this section, shall
be for the purpose of reviewing its position and instructing the local agency's designated
representatives. Closed sessions, as permitted in this section, may take place prior to
and during consultations and discussions with representatives of employee organizations
and unrepresented employees.
t,eape of California Cities April 1, 1994
28 The Ralph M.Brown Act
Closed sessions with the local agency's designated representative regarding the
salaries, salary schedules, or compensation paid in the form of fringe benefits may
include discussi ,gin of an agency's available funds and funding priorities, but only insofar
as these discussions relate to providing instructions to the local agency's designated
representative.
Closed sessions held pursuant to this section shall not include final action on the
proposed compensation of one or more unrepresented employees.
For the purposes enumerated in this section, a legislative body of a local agency
may also meet with a state conciliator who has intervened in the proceedings.
(b) For the purposes of this section, the term "employee" shall include an
officer or an independent contractor who functions as an officer or an employee, but
shall not include any elected official, member of a legislative body, or other independent
contractors.
54957.7. Closed sessions; disclosure of items to be discussed; notice
(a) Prior to holding any closed session, the legislative body of the local agency
shall disclose, in an open meeting, the item or items to be discussed in the closed
session. The disclosure may take the form of a reference to the item or items as they
are listed by number or letter on the agenda. In the closed session, the legislative body
may consider only those matters covered in its statement. Nothing in this section shall
require or authorize a disclosure of information prohibited by state or federal law.
(b) After any closed session, the legislative body shall reconvene into open
session prior to adjournment and shall make any disclosures required by Section 54957.1
of action taken in the closed session.
(c) The announcements required to be made in open session pursuant to this
section may be made at the location announced in the agenda for the closed session, as
long as the public is allowed to be present at that location for the purpose of hearing the
announcements.
league of California Cities April 1, 1994
i
The Ralph M.Brown Act 79
54957.8. Closed sessions; legislative body of a multijurisdictional drug law
enforcement agency
Nothing contained in this chapter shall be construed to prevent the legislative
body of a multijurisdictional drug law enforcement agency, or an advisory body of a
multijurisdictional drug law enforcement agency, from holding closed sessions to discuss
the case records of any ongoing criminal investigation of the multijurisdictional drug law
enforcement agency or of any party to the joint powers agreement, to hear testimony
from persons involved in the investigation, and to discuss courses of action in particular
cases.
"Multijurisdictional drug law enforcement agency," for purposes of this section,
means a joint powers entity formed pursuant to Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1, which provides drug law enforcement
services for the parties to the joint powers agreement.
The Legislature finds and declares that this section is within the public interest, in
that its provisions are necessary to prevent the impairment of ongoing law enforcement
investigations, to protect witnesses and informants, and to permit the discussion of
effective courses of action in particular cases.
54957.9. Disorderly conduct during meeting; clearing of room
In the event that any meeting is wilfully interrupted by a group or groups of
persons so as to render the orderly conduct of such meeting unfeasible and order cannot
be restored by the removal of individuals who are wilfully interrupting the meeting, the
members of the legislative body conducting the meeting may order the meeting room
cleared and continue in session. Only matters appearing on the agenda may be
considered in such a session. Representatives of the press or other news media, except
those participating in the disturbance, shall be allowed to attend any session held
pursuant to this section. Nothing in this section shall prohibit the legislative body from
establishing a procedure for readmitting an individual or individuals not responsible for
wilfully disturbing the orderly conduct of the meeting.
54958. Application of chapter
The provisions of this chapter shall apply to the legislative body of every local
agency notwithstanding the conflicting provisions of any other state law.
League of California Cities April 1, 1994
30 The Ralph M.Brown Act
54959. Penalty for unlawful meeting
Each member of a legislative body who attends a meeting of that legislative body
where action is taken in violation of any provision of this chapter, and where the
member intends to deprive the public of information to which the member knows or has
reason to know the public is entitled under this chapter, is guilty of a misdemeanor.
54960. Action to prevent violations or determine applicability of chapter
(a) The district attorney or any interested person may commence an action by
mandamus injunction or declaratory relief for the purpose of stopping or preventing
violations or threatened violations of this chapter by members of the legislative body of a
local agency or to determine the applicability of this chapter to actions or threatened
future action of the legislative body, or to determine whether any rule or action by the
legislative body to penalize or otherwise discourage the expression of one or more of its
members is valid or invalid under the laws of this state or of the United States, or to
compel the legislative body to tape record its closed sessions as hereinafter provided.
(b) The court in its discretion may, upon a judgment of a violation of Section
54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to tape
record its closed sessions and preserve the tape recordings for the period and under the
terms of security and confidentiality the court deems appropriate.
(c) (1) Each recording so kept shall be immediately labeled with the date
of the closed session recorded and the title of the clerk or other officer who shall be
custodian of the recording.
(2) The tapes shall be subject to the following discovery procedures:
(A) In any case in which discovery or disclosure of the tape is
sought by either the district attorney or the plaintiff in a civil action
pursuant to Section 54959, 54960, or 54960.1 alleging that a
violation of this chapter has occurred in a closed session which has
been recorded pursuant to this section, the party seeking discovery
or disclosure shall file a written notice of motion with the
appropriate court with notice to the governmental agency which has
custody and control of the tape recording. The notice shall be given
pursuant to subdivision (b) of Section 1005 of the Code of Civil
Procedure.
League of California Cities April 1, 1994
The Ralph M.Brown Act 31
(B) The notice shall include, in addition to the items required by
Section 1010 of the Code of Civil Procedure, all of the following:
(i) Identification of the proceeding in which discovery or
disclosure is sought, the party seeking discovery or disclosure,
the date and time of the meeting recorded, and the
governmental agency which has custody and control of the
recording.
(ii) An affidavit which contains specific facts indicating
that a violation of the act occurred in the closed session.
(3) If the court, following a review of the motion, finds that there is
good cause to believe that a violation has occurred, the court may review,
in camera, the recording of that portion of the closed session alleged to
have violated the act.
(4) If, following the in camera review, the court concludes that
disclosure of a portion of the recording would be likely to materially assist
in the resolution of the litigation alleging violation of this chapter, the
court shall, in its discretion, make a certified transcript of the portion of
the recording a public exhibit in the proceeding.
(5) Nothing in this section shall permit discovery of communications
which are protected by the attorney-client privilege.
54960.1. Unlawful action by g Y legislative body; action for mandamus or
injunction; prerequisites
(a) The district attorney or any interested person may commence an action by
mandamus or injunction for the purpose of obtaining a judicial determination that an
action taken by a legislative body of a local agency in violation of Section 54953, 54954.2,
54954.5, 54954.6, or 54956 is null and void under this section. Nothing in this chapter
shall be construed to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a), the
district attorney or interested person shall make a demand of the legislative body to cure
or correct the action alleged to have been taken in violation of Section 54953, 54954.2,
54954.5, 54954.6, or 54956. The demand shall be in writing and clearly describe the
challenged action of the legislative body and nature of the alleged violation.
League of California Cities April 1, 1994
32 The Ralph M.Brown Act
(c) (1) The written demand shall be made within 90 days from the date the
action was taken unless the action was taken in an open session but in
violation of Section 54954.2, in which case the written demand shall be
made within 30 days from the date the action was taken.
(2) Within 30 days of receipt of the demand, the legislative body shall
cure or correct the challenged action and inform the demanding party in
writing of its actions to cure or correct or inform the demanding party in
writing of its decision not to cure or correct the challenged action.
(3) If the legislative body takes no action within the 30-day period, the
inaction shall be deemed a decision not to cure or correct the challenged
action, and the 15-day period to commence the action described in
subdivision (a) shall commence to run the day after the 30-day period to
cure or correct expires.
(4) Within 15 days of receipt of the written notice of the legislative
body's decision to cure or correct, or not to cure or correct, or within 15
days of the expiration of the 30-day period to cure or correct, whichever is
earlier, the demanding party shall be required to commence the action
pursuant to subdivision (a) or thereafter be barred from commencing the
action.
(d) An action taken that is alleged to have been taken in violation of Section
54953, 54954.2, 54954.5, 54954.6, or 54956 shall not be determined to be null and void if
any of the following conditions exist:
(1) The action taken was in substantial compliance with Sections 54953,
54954.2, 54954.5, 54954.6, or 54956.
(2) The action taken was in connection with the sale or issuance of
notes, bonds, or other evidences of indebtedness or any contract,
instrument, or agreement thereto.
(3) The action taken gave rise to a contractual obligation, including a
contract let by competitive bid other than compensation for services in the
form of salary or fees for professional services, upon which a party has, in
good faith and without notice of a challenge to the validity of the action,
detrimentally relied.
(4) The action taken was in connection with the collection of any tax.
League of California Cities April 1. 1994
The Ralph M.Brown Act
33
(5) Any person, city, city and county, county, district, or any agency or
subdivision of the state alleging noncompliance with subdivision (a) of
Section 54954.2, Section 54956, or Section 54956.5, because of any defect,
error, irregularity, or omission in the notice given pursuant to those
provisions, had actual notice of the item of business at least 72 hours prior
to the meeting at which the action was taken, if the meeting was noticed
pursuant to Section 54954.2, or 24 hours prior to the meeting at which the
action was taken if the meeting was noticed pursuant to Section 54956, or
prior to the meeting at which the action was taken if the meeting is held
pursuant to Section 54956.5.
(e) During any action seeking a judicial determination pursuant to subdivision
(a) if the court determines, pursuant to a showing by the legislative body that an action
alleged to have been taken in violation of Section 54953, 54954.2, 54954.5, 54954.6, or
54956 has been cured or corrected by a subsequent action of the legislative body, the
action filed pursuant to subdivision (a) shall be dismissed with prejudice.
(f) The fact.that a legislative body takes a subsequent action to cure or correct
an action taken pursuant to this section shall not be construed or admissible as evidence
of a violation of this chapter.
54960.5. Costs and attorney fees
A court may award court costs and reasonable attorney fees to the plaintiff in an
action brought pursuant to Section 54960 or 54960.1 where it is found that a legislative
body of the local agency has violated this chapter. The costs and fees shall be paid by
the local agency and shall not become a personal liability of any public officer or
employee of the local agency.
A court may award court costs and reasonable attorney fees to a defendant in any
action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed
in a final determination of such action and the court finds that the action was clearly
frivolous and totally lacking in merit.
54961. Use of facility allowing discrimination; disclosure of victims'
identities
(a) No legislative body of a local agency shall conduct any meeting in any
facility that prohibits the admittance of any person, or persons, on the basis of race,
religious creed, color, national origin, ancestry, or sex, or which is inaccessible to
disabled persons, or where members of the public may not be present without making a
payment or purchase. This section shall apply to every local agency as defined in Section
54951.
League of California Cities April 1, 1994
34 The Ralph M.Brown Act
(b) No notice, agenda, announcement, or report required under this chapter
need identify any victim or alleged victim of tortious sexual conduct or child abuse unless
the identity of the person has been publicly disclosed.
54962. Closed session by legislative body prohibited
Except as expressly authorized by this chapter, or by Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government
Code as they apply to hospitals, or by any provision of the Education Code pertaining to
school districts and community college districts, no closed session may be held by any
legislative body of any local agency.
j:\legaNs\BrwnAct4.94
League of California Cities April 1, 1994
Open Space
s �
R-94-59 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-13
May 11, 1994
AGENDA ITEM
Adoption of a Conceptual Exhibit Plan and Operational Alternatives for the David C. Daniels
Nature Center at Skyline Ridge Open Space Preserve and Application for an Environmental
Education Grant for Implementation of Phase I of the Ex*it it Plan
GENERAL MANAGER'S RECOMMENDATION
- __t
1. Accept and approve the Conceptual Exhibit Plan and Operational Alternatives for the
David C. Daniels Nature Center.
2. Authorize staff to proceed with development of utilities and support system
improvements for the Nature Center at the estimated cost of$24,000.
3. Adopt the attached resolution authorizing submittal of an application for the
Environmental Education Grant Program for implementation of Phase I of the exhibit
plan for the Nature Center.
4. Authorize staff to proceed with design of the Phase I improvements to the Nature
Center in anticipation of receiving Environmental Education Grant Program funds
and/or other outside funding. Upon award of the grant or the securing of other
revenue sources, staff will return to you with a funding plan and request authorization
to proceed with construction of Phase I improvements.
DISCUSSION
At your September 8, 1993 meeting, you reviewed and commented on the conceptual design
for the David C. Daniels Nature Center at the Skyline Ridge Open Space Preserve (see
report R-93-98). Your comments were noted and incorporated into the proposed plan.
Consultant Jana Sokale has completed the Conceptual Exhibit Plan and Operational
Alternatives for this project, and she will be in attendance at your May 11 meeting to review
the plan and cost estimates, including the phasing proposal for the plan's implementation. A
copy of her report is attached for your review.
A six-member focus committee, composed of director Teena Henshaw; open space planner
Mary Gundert; visitor service supervisor Carleen Bruins; docent coordinator Patty Quillin;
ranger Brian Malone; and Lisa Johnson who represented the Peninsula Open Space Trust
(POST), worked with Ms. Sokale to provide direction on the development of the conceptual
exhibit plan. In addition, a public workshop was held on July 17, 1993 to elicit the attitudes
and opinions of all interested parties. District docents, staff and Board members, area
residents, donors, teachers, and environmental educators provided ideas during the
330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
R-94-59 Page 2
workshop. The conceptual exhibit plan and operational alternatives are based on the design
P �P P Pe g
criteria established by the focus committee, comments from interested parties, opportunities
and constraints of the center and an analysis of the educational concepts active at the
reserve. The design criteria used to guide the development of the conceptual exhibit plan
P g g P �P
are listed on a five of the attached report.
P� �
A mission statement for the Nature Center was also developed and it is:
The David C. Daniels Nature Center is a starting place for visitors wishing to
explore the natural woad of the Skyline Ridge Open Space Preserve. The Center
serves Santa Cruz Mountain visitors of all ages by offering hands-on exhibits and
interactive educational programs designed to interpret the local environment and
inspire stewardship for the land.
Utilities and Support System Improvements
Existing plans for the Nature Center call for utilities and support system improvements to
prepare the facility for visitors. The proposed site improvement are: electrical and
telephone hook-ups; installation of burglar alarm system; expansion of the entrance deck to
wrap around the rear of the building; and installation of ultraviolet shading covers on the
windows to modify the temperature fluctuations in the center and ultimately protect the
exhibits from sun bleaching. These site improvements are estimated to cost $24,000 and are
not included in the project costs noted below. A total of$25,000 was included in the 1994-
1995 fiscal year budget for these site improvements.
SUMMARY OF PHASING AND COST ESTIMATES
The Nature Center exhibit plan is designed to allow for phased development, and three
phases are included in the plan. The focus committee gave priority rankings to each of the
exhibits. Those exhibits with the highest ranking were considered most important for the
hands-on educational programs and were recommended for the first phases of development.
The construction costs for implementing all three phases of the plan are estimated between
$120,550 to $149,775. These estimates cover the cost of the design and construction of the
improvements. Cost estimates included in the report are based upon the conceptual plan and
include design fees. A contingency of 15% is also included in the cost estimate to reflect the
nature of a conceptual design. An additional $6,500 to $10,000 would be required for
program equipment, bringing the conceptual exhibit plan total to $127,050 to $159,775.
Phase I:
Phase I improvements consist of the Alpine Pond community mural, pond strata mobiles, a
lab bench and library, and window shades that double as field guides to the surrounding area.
The Alpine Pond community mural is three-dimensional and will become the focal point for
visitors. Phase I improvements also include a description and history of the District and an
f Peninsula n ace Trust and its involvement in the reserve and the nature
explanationo Open Sp p
center.
R-94-59 Page 3
The goal for the Phase I improvements was to create a center that was functional, as well as
interesting to members of the public and volunteers. The exhibits in the first phase create a
visual impact within the center.
Phase I development is estimated at between $43,000 and $51,000.
Phases H and III•
Phase II and III exhibits complete the interior displays, as well as exterior displays. The
exterior displays are located at various points along the trail around Alpine Pond and include
an exhibit proposed to be mounted on the exterior rear wall of the nature center. This latter
exhibit would be very helpful to visitors during times that the center is closed. In the event
the Phase II and III exhibits are delayed, it is possible that the exterior rear wall display
could be considered for construction on an accelerated basis.
Phase II development is estimated to cost between $35,545 to $47,720. Phase III
development is estimated to cost between $41,780 to $50,880.
Public Use:
The center would be opened to the public upon completion of the Phase I improvements.
Current staffing levels and the anticipated level of use do not justify the center being opened
full time. However, it is important to send a consistent message to the public in the form of
regular open hours. For this reason, staff is recommending that the center be open to the
public on Sunday afternoons. Volunteers will be recruited to staff the center.
Staff is currently working on an environmental education plan for the District. The
development of a program at the nature center will become an integral part of the plan.
Currently, the docent program concentrates on hikes and walks, generally aimed at the adult
population. Staff envisions that the nature center program will include interpretation for
school groups and will require additional volunteer recruitment and specialized training for
docents.
Docent recruitment and training for the nature center is tentatively set for fall, 1995.
Following completion of the training, the program would be expanded to reach schools and
other groups, as well as provide regular weekend activities for the public.
Potential Grants and Alternative Funding Sources:
Phase I development is estimated at between $43,215 to $51,170. Staff is prepared to seek a
state grant of$15,000 from the Environmental Education Grant Program. The
Environmental Education Grant Program is a state grant program administered by the
California Department of Education. Funding for the program is made available through the
Resources Agency and the Department of Motor Vehicles through the sale of personalized
license plates. Competitive grant applications are accepted in several categories, including
development of site facilities. Applications are due May 30, 1994.
R-94-59 Page 4
The program requires a 50% matching contribution to a maximum of$15,000. If funding is
granted for the Phase I improvements, the District would be expected to provide the funding
for the remainder of Phase I. If successful, the funding for the project would be available in
late 1994 and would be expected to be spent prior to April 1995.
District staff has also discussed the possibility of obtaining funding assistance from Peninsula
Open Space Trust for a portion of this project. POST staff has expressed a commitment to
the project and further funding discussions are planned. District staff has set a goal that 50%
or approximately $25,000 of the funding for this project should come from outside sources.
Although it is recommended that we commence with the design of the Phase I improvements,
actual construction would not occur until staff has exhausted attempts to secure outside
funding and returned to you with a final report requesting authorization to proceed.
Cost Comparison Information:
The interior exhibits of all three phases total between $71,275 to $84,975. Using the
$84,975 figure, this computes to an estimated cost of$140 per square foot of building. Staff
has researched the cost of other museum or nature center interior exhibits for comparison
purposes. The Ainsley House (History Museum) in Campbell, Big Basin Visitor Center, and
Henry Coe State Park Interpretive Center were among those investigated. While the projects
differ from this project, the costs range from $100 - $200 per square foot of building space.
The state exhibit designer in Sacramento told staff that $140 per square foot is at the low end
of anticipated costs for nature center development.
Staff also met with Hidden Villa staff to discuss their visitor center and associated
improvement costs. No costs are available. Staff was told the visitor center was improved
over time primarily with the use of volunteer labor and donated materials.
Prepared b
eP Y:
Mary Gundert, Open Space Planner
Jean H. Fiddes, Administrative Services Manager
Contact person:
Mary Gundert, Open Space Planner
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE ENVIRONMENTAL
EDUCATION GRANT PROGRAM FOR THE FOLLOWING PROJECT:
DAVID C. DANIELS NATURE CENTER PHASE I IMPROVEMENTS
i
WHEREAS, the California Department of Education provides grant funds for
projects that provide for the development of educational curriculum and educational
opportunities for students, relating to the conservation of resources, factors affecting
ecological systems and the quality of man's environment; and
WHEREAS, Midpeninsula Regional Open Space District assures that the proposed
David C. Daniels Nature Center is located within the Skyline Ridge Open Space
Preserve, and that the preserve is dedicated as public open space in perpetuity;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby:
1. Approves the filing of an application under the Environmental Education Grant
Program for the David C. Daniels Nature Center Phase I Improvements Project;
and
2. Certifies that said applicant is able to comply with the Specific Assurances for
Competitive Environmental Education Grants; and
3. Certifies that said applicant will have sufficient funds to operate and maintain the
project; and
general manager as agent of the district to conduct all negotiations,
4. Appoints the g g g g
PP
all documents which may be necessary for the application
and execute andsubmit
Y rY PP
and, if approved, completion of the aforementioned project.
I
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-94-55
Meeting 94-13
May 11, 1994
AGENDA ITEM
Program Evaluation for the 1993-1994 Action Plan for Implementation of the Basic Policy of
the Midpeninsula Regional Open Space District
GENERAL MANAGER'S RECOMMENDATION
rt
Accept staff s program evaluation report.
DISCUSSION
The attached program evaluation material covers the entire 1993-1994 fiscal year. You
conducted the mid-year review of the 1993-1994 Action Plan's key projects and activities in
October 1993 (see report R-93-107). As done in October, staff will brief you at your May 11
meeting on additional projects and activities not specifically included in the Action Plan that
required significant staff time.
You adopted the new Action Plan for the 1994-1995 fiscal year at your March 23, 1993
meeting. Copies of this Action Plan are available at the District office for public inspection.
Prepared by:
L. Craig Britton, General Manager
J. Fiddes, Administrative Services Manager
R. Anderson, Planning Manager
J. Escobar, Operations Manager
M. Smith, Public Affairs Manager
Contact person:
L. Craig Britton, General Manager
330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200_ FAX:.415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
l
R-94-55 Page 2
OPEN SPACE ACQUISITION PROGRAM
Subprograms
A. Negotiations and Special Projects
B. Enterprise
To Implement the
BASIC POLICY OBJECTIVE:
The District will purchase or otherwise acquire interest in the
maximum feasible amount of strategic open space within the
District planning areas.
General Program Emp_hasis for 1993-199
As a result of the state budget crisis and its potentially disastrous
effect on acquisition funding, efforts will focus on the highest
priority, most critical projects, while non-grant funded, lower
priority projects will be approached on a long-term option or
substantial gift-purchase basis.
Staff Resources
(Regular, full-time positions, unless otherwise indicated)
Assistant General Manager/Land Acquisition Manager
Real Property Representative (one-half time contract position)
Research Attorney
Secretary - Open Space Acquisition
PROGRESS:
0 The District acquired or participated in the acquisition of 867.69 acres of open space land
this fiscal year including participating in the Golden Gate National Recreation Area
Purchase of 544 acres of the former Phleger property from Peninsula Open Space Trust.
0 Options to acquire 2,184 acres of open space land have been secured in anticipation of
CALPAW '94 (Proposition 180) being approved by the voters in June.
0 Of the 12 transactions completed, eight of them involved gift purchases or less than
market value components.
R-94-55 Page 3
1993-1994
Negotiations and Special Projects Subprogram
Q 'ectiv
To provide for the acquisition of all real property rights necessary to secure a recreational and
open space greenbelt in the foothills and baylands, including rounding out and improving public
access to existing preserves and connecting District preserves with other public lands.
KU RMjects and Activities
1. Convert the budgeted funds in the New Land Commitments budget category into open
space lands, at desirable prices, focusing on the highest priority, most critical properties,
which specifically round out and improve public access to existing preserves and/or
connect to other preserves or other public lands, balancing the desirability of the potential
acquisition with the availability of severely limited funds, including, if possible, private
financing with favorable terms.
PROGRESS:
• Fee title to the 182-acre Sempervirens Fund parcel was acquired at no additional
cost to the District. This property includes a part of the Bay Area Ridge Trail.
• The County of San Mateo, after exhaustive public hearings, expanded the
District's easement over Edgewood County Park to forever eliminate potential
golf course use on the site.
• Acquired the Evatt and Moeller properties, totalling 134 ares, as additions to
Sierra Azul Open Space Preserve that included portions of the Bay Area Ridge
Trail.
• The Fowkes agreement was approved and awaits close of escrow to finally
connect Long Ridge and Skyline Ridge Open Space Preserves.
• The first one-half of the POST (Phleger) transaction was completed with the
District contributing the first of two $3,000,000 installments toward the National
Park Service (GGNRA) purchase of this $25,000,000 property.
2. Attempt to obtain long-term options to acquire properties that might be affordable in
future years should the District be successful in obtaining additional funding for land
acquisition.
PROGRESS:
• Long-term options were obtained on nine properties, totalling 2,320 acres of
desirable open space lands in anticipation of passage of CALPAW '94
(Proposition 180) in June or possible future purchases from grants or District
property tax income. Options include Devils Canyon in San Mateo County, the
southwest corner of Saratoga Gap in Santa Cruz County, and approximately 674
acres as additions to Sierra Azul Open Space Preserve in Santa Clara County.
R-94-55 Page 4
3. Complete a successful auction sale of the "Teague Hill" surplus properties to help fill a
critical gap in the District's pledge to Peninsula Open Space Trust to help acquire the
former Phleger property in Woodside.
PROGRESS:
• District staff met with the Town of Woodside staff, mayor and town manager to
discuss a development process that would maximize the District's return on the
sale of these surplus parcels.
• Consultants were hired to refine the sale proposal process and provide a current
valuation of the parcels.
• Currently under consideration is the possibility of a lot-line adjustment of existing
legal, separate assessor's parcels acquired by the District which would create the
desired number of residential units on the surplus sites to enhance the financial
return to the District.
R-94-55 Page 5
1993-1994
Enterprise Subprogram
Qbjectivg
To manage all of the District's revenue producing activities in such a way as to maximize
income from enterprise accounts consistent with Open Space Management policies, incorporating
compatible new programs when possible.
Key Projects and Activities
1. Administer leases and rental properties, consistent with open space management policies,
to maintain and enhance revenue stream through competitive and current rate structure,
effective maintenance programs and communication with tenants.
PROGRESS:
• Rental rates increased an average of 1.5% to reflect cost of living changes and
market conditions; generated 99.73% of revenue plan, in spite of removing one
unit from service.
• Made an appraisal of current market communications lease rates that may lead to
a substantial increase in future revenues.
• District office occupancy costs are covered by tenant revenues, while we continue
to look for new "full occupancy" tenant.
2 Aggressively seek opportunities to convert equity in rental properties tes to capital
al for land
acquisition through development of "lifetime tenancy, or term ownership" program for
the former Bean, Landre and Smith houses.
PROGRESS:OG ESS:
• Expansion of previous year's program, including exchange of interest for fee
ownership and expanded coverage in the brokerage community, has not yielded
positive results. This concept is very difficult to "sell" in the California real
estate market.
3. Carry out maintenance and improvements to rental houses to keep buildings and grounds
in a safe, sanitary, and attractive condition and to increase net rental income.
PROGRESS:
• Ended year at 97.44% of expense budget, excluding 330 Distel that had unused
renovation costs for potential new tenant.
R-94-55 Page 6
PLANNING PROGRAM
To Implement the
BASIC POLICY OBJECTIVE
The District will follow a land management policy that provides
proper care of open space lands, allowing public access
appropriate to the nature of the land and consistent with ecological
values.
General Program Emphasis for 1993-1994
Respond to budget constraints by increasing emphasis on grant
applications,joint agency projects, and use and management plans.
Oversee the design and implementation of capital improvements
for public access, interpretation, and resource management
consistent with adjusted budget guidelines. Provide the
administration,coordination and communication to support District
policies, general objectives, and specific projects.
Staff Resources
(Regular, full-time positions unless otherwise indicated)
Planning Manager
Senior Planner
Open Space Planner 11 (2)
Resource Planner
Planning Technician (2)*
*One temporary position starting in October, 1993
Half time temporary Planning Secretary starting February, 1994
PROGRESS:
• Planning staff emphasized balancing efforts on short-term and long-term planning
and implementation objectives. Substantial efforts were made in grant
applications and cooperative projects for planning, acquisition, access
improvements, and site restoration with other agencies and local universities,with
some successful results.
• Five major capital improvement projects were completed.
J P P P J P
• Several long-term plan and policy formulation efforts are also underway including
local, regional and overall acquisition planning methodology, studies for review
of planned and potential improvements to help prepare a Greenbelt Master Plan,
trail guideline and ADA access implementation methodology, resource
management policies, management of historic property leases, disposition of the
surplus property at Teague Hill Open Space Preserve, the assessment and
planning process for the Mt. Umunhum area, and policies for access to dogs.
R-94-55 Page 7
1993-1,94
Planning Program
Objeciv�
review
Formulate and r ew Use and Managements Plans as well as oversee the physical
g � PY
implementation for public access and interpretation, and for resource management, master, and
other special plans.
Key Projects and Activities
1. Ca ip tal Improvement Projects Continue implementation of approved grant-funded trail
projects at Russian Ridge and Pulgas Ridge Open Space Preserves, construction of new
ranger office facilities at Rancho San Antonio Open Space Preserve, and development
of the interior of the nature center at Skyline Ridge Open Space Preserve. Continue with
the upgrading of preserve signs and maps into new format.
PROGRESS:
•
New grant and gift funded trails completed at Russian Ridge (Hawks Ridge
Trail), Pulgas Ridge (Blue Oaks Trail and Cordilleras Whole Access Trail), and
Monte Bello (Bella Vista Trail) Open Space Preserves.
• New field office and public restrooms completed at Rancho San Antonio Open
Space Preserve.
• Completed other major capital improvement projects including: 1) reconstruction
of spillway at Sausal Pond, Windy Hill Open Space Preserve; 2) studies and
communications to avoid State Division of Dam Safety requirements for
reconstruction of Alpine Dam; 3)construction of Weeks Road access at La Honda
Creek Open Space Preserve; 4) new water system for Skyline Ridge Open Space
Preserve structures; and 5) grant-funded blacksmith shop restoration at Picchetti
ranch.
• Skyline Nature Center interior and exterior exhibits conceptually planned and
estimated.
• Designed and implemented new series of standard regulation signs for all
preserves, completed new entry or informational signs for Rancho San Antonio
Open Space Preserve and administrative offices, and completed new aluminum
entry signs for Fremont Older Open Space Preserve and wooden replacement or
new trail signs for Pulgas Ridge, Fremont Older, Rancho San Antonio, Los
Trancos Open Space Preserves, Duveneck Windmill Pasture Area of Rancho San
Antonio Open Space Preserve, and Picchetti Ranch Area of Monte Bello Open
Space Preserve.
• Completed plans for staffing u� development at Pulgas Ridge Open Sp
ace
Preserve and continued invasive vegetation/restoration project planning at Pulgas
Ridge.
• Completed update of Fact Sheets for Fremont Older Open Space and Rancho San
Antonio Preserves. Updates in progress for Windy Hill, Los Trancos, and Coal
Creek/Russian Ridge Open Space Preserves.
• Prepared successful grant applications for Grant house interior restoration at
Rancho San Antonio Open Space Preserve, for Portola Road staging area at
Windy Hill Open Space Preserve, and for Ridge Trail corridor acquisition and
R-94-55 Page 8
trail construction to connect Long Ridge Open Space Preserve and Skyline Ridge
Open Space Preserve.
2. Inter-Agency Planning Continue multi jurisdictional planning projects for the Bay and
Ridge Trails. Conduct joint planning with Santa Clara County on Rancho San Antonio
County Park, upper and lower Stevens Creek County Parks, and the Lexington Reservoir
Recreation Plan, including the Highway 17 overcrossing and connections to El Sereno
Open Space Preserve. Continue work with the Biodiversity Task Force.
PROGRESS:
• Continued Bay Area Ridge Trail and Bay Trail planning and implementation,
including extensive negotiations with NASA over access.
• Continued planning and construction project coordination with Santa Clara County
Parks at Rancho San Antonio County Park, Stevens Creek Reservoir County
Park/Monte Bello Open Space Preserve, Lexington Reservoir/St. Joseph's Hill
and Sierra Azul Open Space Preserves and in conjunction with the Jamison
property.
• Helped reach agreement with Caltrans for funding of trail improvements and
restoration in conjunction with oak woodland mitigation project at St. Joseph's
Hill Open Space Preserve.
• Helped arrange conceptual agreement with Town of Los Gatos and Society of
Jesus for reopening of Old Jones Road as alternative bicycle connection in St.
Joseph's Hill Open Space Preserve.
• Participated in Santa Cruz Mountain Biodiversity Task Force as steering
committee member and Santa Clara Valley Biodiversity Task Force.
• Continued to coordinate and comment on regional and local plans and projects
such as Santa Clara County General Plan, Committee for Green Foothills
initiative, St. Joseph's Seminary, and Marian Ranch projects.
• Helped organize cooperative GIS computer mapping project with Greenbelt
Alliance.
• Participated in San Francisco watershed planning activities and on San Mateo
County Parks Alternative Funding Committee.
3. Plan and Policy Implementation Apply adopted District-wide trail policies and guidelines
to at least four preserves where trail use conflicts are most apparent. Complete resource
management policies and incorporate assessment of resources and priority resource
management projects into the Use and Management Plan review process. Implement
policies for access for persons with disabilities by correcting existing barriers, providing
information and communication opportunities, and by incorporating access considerations
into design in accordance with the ADA Plan. Prepare a comprehensive policy document
that presents District goals, objectives, policies, plans and facilities in a more organized
accessible form. Prepare a comprehensive acquisition plan to support internal
coordination of acquisition activities and increase public awareness of the acquisition
program.
PROGRESS:
• Initiated Resource Management Policy formulation and review process, held staff
workshops and two public workshops. Administrative draft policy document
being circulated and will be refined prior to presentation to Board Use and
R-94-55 Page 9
Management Committee and public.
• Continued and refined trail inventory process for implementation of Trail Use
Guidelines and ADA Plan. Work completed on Coal Creek, St. Joseph's Hill,
and Fremont Older Use and Management Plan updates. Completion of Coal
Creek anticipated in April 1994, St. Joseph's in May 1994. El Corte de Madera
anticipated to be completed in Fall, 1994.
• Prepared new system for presentation of information on trail conditions, use
designations, and ADA access information in Use and Management Plans. Did
not complete application of trail policies and guidelines to any District preserves
during the fiscal year due to complexities in designing and implementing the
system.
• Organized and initiated process to review program for dog access in District
Preserves. Held two public meetings and three volunteer task force meetings.
Completed initial phase of research and framing of issues.
R-94-55 Page 10
OPERATIONS PROGRAM
To Implement the
BASIC POLICY OBJECTIVE:
The District will follow a land management policy that provides proper
care of open space lands, allowing public access appropriate to the nature
of the land and consistent with ecological values.
General Program Emphasis for 1993-1994
Continue to provide responsible stewardship of District lands. Based on
trail use guidelines, increase efforts in public education and volunteer
participation. In light of current budgetary constraints, an increased
emphasis will be placed on cost-saving measures. Traditional Operations
Program activities such as ranger patrol, resource protection, and
maintenance and construction responsibilities will continue to demand the
majority of the program's resources.
Staff Resources
(Regular, full-time positions unless otherwise indicated)
Operations Manager
Area Superintendents (2)
Visitor Services Supervisor
Support Services Supervisor
Supervising Rangers (4)
Equipment Mechanic-Operator
Volunteer Coordinator (one-half time)
Docent Coordinator
Rangers (11)
Secretary
Lead Open Space Technicians (2)
Open Space Technicians (5)
Seasonal Open Space Technicians (5 temporary positions)
PROGRESS:
• Maintenance and construction crews worked several weeks repairing trails and roads
damaged by last winter's heavy rains, and unusual snowfall.
• Two damaged bridges on the Stevens Creek Nature Trail were replaced, restoring the
multiple-use trail link to Skyline Ridge Open Space Preserve.
• Working with the District's trail consultant, staff constructed new trails at Monte Bello,
Russian Ridge, and Pulgas Ridge Open Space Preserves.
• Skyline Ridge Open Space Preserve parking lots were rocked to improve all-weather
access.
• The Cordilleras full access trail at Pulgas Ridge Open Space Preserve has been
extended the entire length of the valley floor.
R-94-55 Page 11
• Field staff completed installation of 140 new trailhead information signs.
• The addition of a ranger residence at Sierra Azul has greatly improved the District's
presence in the area, as well as significantly shortened emergency response time.
• Staff devoted several weeks to improving the former Vidovich property. Roads and
trails have been incorporated into the Rancho San Antonio Open Space Preserve trail
system. Roads have been improved to provide for emergency access. Gates, stiles,
and signs have also been installed to secure the new boundary and protect private
property.
• Patrol staff continues efforts to mitigate trail-use conflicts through visitor education and
active enforcement of District regulations. Staff completed preparation for the
implementation of radar and ranger bike patrol in April.
• Working with the planning department, staff has started to address off-trail bicycle use
at El Corte de Madera Open Space Preserve.
• The volunteer trail patrol program was implemented with 28 trail patrol volunteers.
• Twenty-four volunteer field service projects at eleven different preserves were
completed by Preserve Partners and various organized groups and service clubs.
• Docents have nearly doubled the number of hikes offered to the public. Regular
weekday programs were introduced last summer. Weekday programs for schools and
other groups have increased.
• The docent program and field staff continue to play an active role in assisting planning
staff with the development of the David Daniels Nature Center.
• In response to growing Board interest in environmental education, staff is completing a
survey of the programs available to local schools.
• Staff produced a new volunteer recruitment brochure, which has been widely
distributed to the public and has generated increased interest in the volunteer program.
R-94-55 Page 12
1993-19944
Qperations Program
Objective
Provide responsible stewardship of all District lands by furnishing the public safety,
maintenance, and resource protection services necessary and appropriate for effective
management of District lands.
Kgy aWects and Activities
1. Implement the new radio system and dispatch agreement with the City of Mountain
View.
PROGRESS:
• The District started using the new radio system, including dispatch services, on
May 1, 1993.
• Staff has worked closely with City of Mountain View staff to compile all
necessary geographic and information files. District and city staff meet regularly
to insure the success of the program.
• The Town of Los Gatos Parks Department and the City of Palo Alto Fire
Department have been granted use of the radio system when working with
District staff.
2. Revise ranger residence policies and guidelines for Board adoption and implementation.
PROGRESS:
• Draft employee residence guidelines were reviewed by field supervisors and the
rangers, open space technicians, and equipment mechanic operator who are
represented by Local 715. Staff completed modifications to the draft in March,
1994.
• The Board adopted revised Employee Residence Policies on March 23, 1994.
The general manager approved the modified administrative guidelines following
the Board's action.
• The new policies and guidelines will be implemented on July 1, 1994.
3. Within budgetary constraints, implement Operations Program-related elements of
Americans with Disabilities Act Access Plan and Trail Use Policies and Guidelines.
PROGRESS:
• All step-over access stiles have been removed from District trailheads.
• Modifications to accommodate disabled employees at both field offices are
planned or underway.
• Field staff continues to make improvements to the District's existing full access
trails. Staff is experimenting with surface treatments that will provide a more
consistent surface for wheelchairs.
0 The docent program is now offering guided walks on the full access trails.
R-94-55 Page 13
4. Revise District use regulations (Ordinance 83-1).
PROGRESS:
• The Board adopted new land use regulations July 28, 1993.
• New signs that include bicycle helmet and speed limit regulations will be installed
at all trailheads by May 1, 1994.
5. Develop draft special use policies for Board adoption.
PROGRESS:
• Staff is reviewing and editing the draft document. Staff plans to present the draft
to the appropriate Board committees in July.
I
R-94-55 Page 14
PUBLIC AFFAIRS PROGRAM
Subprograms
A. General Public Information and Outreach
B. Legislative and Organizational Relations
C. Funding Measure Preparation
To Implement the
BASIC POLICY OBJECTIVE:
The District will educate and make clearly visible to the public the purposes
and actions of the District, and will actively encourage public communication
and involvement in District activities.
General Program Emphasis for 1993-1994
Fully implement the comprehensive public affairs plan to increase the positive
awareness of the District, and place the District in a position to successfully
carry out a funding measure.
PROGRESS:
0 The public affairs plan has now been fully and successfully implemented. This plan is
designed to be flexible in order to meet changing circumstances, both internal and
external; some components have therefore been postponed or delayed, and there are
elements not included in the original plan which were implemented as particular needs
arose.
0 In general, the key elements of the General Public Information and Outreach and
Legislative and Organizational Relations subprograms were successfully implemented
and are ongoing.
0 The elements of the Funding Measure Preparation subprogram (now entitled District
Funding subprogram in the current action plan) were successfully carried out. Based
on the research and information compiled by staff, the Board decided to postpone
consideration of a funding measure until a later date, possibly 1996. Circumstances
such as the defeat of CALPAW '94 or a state reduction in property tax funding would
re-open the possibility of proceeding sooner.
R-94-55 Page 15
12223-1994
General Public Information and Outreach Subprogram
Qbjective
To generate additional support among the general public for completing the greenbelt by
increasing the positive perception and awareness of the District's mission, objectives,
accomplishments, programs, and effective management of public lands and financial
resources.
Key Praiects and Activities
1. Complete the visitor profile survey.
PROGRESS:
• Results of over 1,000 surveys were compiled, analyzed and presented to the
Board and staff.
2. Maximize regular media coverage of District activities and accomplishments.
PROGRESS:
• For 1993-1994, 30 news releases were issued (averaging over two per month),
directly resulting in over 70 newspaper stories or mentions, in addition to
dozens of other references in related articles, editorials, and calendars.
Primarily due to the wild pig issue, the District also received considerable
television coverage, which was maximized for positive publicity.
3. Publish three issues of the Open Space newsletter and one Annual Report (at the end
of the calendar year).
PROGRESS:
• Three issues of Open Space News have been published. As noted in the mid-
year evaluation, it has been decided to prepare an annual report at the end of
the fiscal year rather than at the end of the calendar year.
4. Create and maintain an enhanced presence in the community through presentations,
displays, and events.
PROGRESS:
• For the fiscal year, Board members and staff have made 34 presentations and
staffed 7 displays.
5. Produce a graphic representation of the greenbelt's "unmet needs" or at-risk lands.
PROGRESS:
• Planning and Public Affairs are working together to participate in the
Greenbelt Alliance geographic information systems (GIS) mapping project,
R-94-55 Page 16
thus delaying this project into the next fiscal year. The end result will be a
much more comprehensive and useable mapping system, from which the
"unmet needs" map can be created.
6. Prepare and present options for a new District Visitors Guide.
PROGRESS:
• The proposed copy and map design drafts are circulating among appropriate
staff for comment. Due to the extensive and detailed review required for a
precise and thorough end product, this project has been delayed into the new
fiscal year. It is scheduled for completion by mid-May.
1993-1994
Legislative and Organizational Relations
Qbjectiv
To preserve existing sources of funding for 1993-1994 and future fiscal years, to secure
legislation which will generally benefit the District, and to inform other public agencies and
private organizations about the District's activities and goals.
Key Projects and Activities
1. Work closely with the District's Sacramento lobbyist to preserve current and future
state funding for the District.
PROGRESS:
• Due to work by staff, the District's legislative advocate, and our local
legislators, the District was exempted from the reduction of property tax
revenue during the state's 1993-1994 budget process. Management is working
with both the legislative advocate and with East Bay Regional Park District to
develop a strategy for long-term protection of limited funding sources.
2. Identify and propose any special projects for which direct state funding may be
available.
PROGRESS:
• Few direct special funding projects have been considered because of the state's
budget crisis. However, the District was successful in gaining a state grant for
the Fowkes property acquisition and trail construction, as well as a state grant
for the Windy Hill public improvement project.
R-94-55 Page 17
• An unsettling development involves the District's application for a $340,000
state grant for the Devil's Canyon acquisition. That source of funds is now
being targeted by the legislature for deletion by placing it on the ballot again,
despite the fact that the voters had already supported it (Proposition 117). The
District continues to work to maintain that source of funds.
3. Accomplish or make reasonable progress on the priority items in the District's
Legislative Program.
PROGRESS:
• The goals of protecting historical tax revenue and including District projects in
CALPAW '94 were accomplished. In relation to other goals, meetings have
taken place between the District's and East Bay Regional Park District's
management and lobbyists to seek methods for long-term protection of
funding.
• Goals relating to beneficial legislation have been met through ongoing review
of relevant legislation by both management and the District's legislative
advocate. Less progress has been achieved on the remaining priority goals in
the legislative plan, primarily due to the concentration on the higher priority
goals.
4. Maintain contact with officials of other agencies and private organizations for the
exchange of information, cooperation on special projects and participation in special
events such as conferences and seminars, to keep the District informed of current
issues.
PROGRESS:
• Plans are ongoing for a joint management workshop between the District and
the Santa Clara County Parks Department.
• A joint meeting is being scheduled between the District Board of Directors and
the San Mateo County Parks Commission.
• The District has joined the Santa Clara County Special Districts Association,
and is becoming more active in LAFCO issues.
• The District worked with members of the San Mateo County Board of
Supervisors to successfully gain permanent protection of Edgewood Preserve,
worked with the officials from the Town of Los Gatos on local open space and
trail issues, and has participated with officials from the City of Mountain View
in working toward continued operation of Deer Hollow Farm.
• Staff met with officials from the City of East Palo Alto to discuss
redevelopment project tax increment issues.
R-94-55 Page 18
1993-1994
Funding Measure Preparation
Qb�jective
To place the District in a position to successfully carry out a funding measure, at a future
time.
KK y Projects and Activities
1. Develop a strategy to undertake a funding measure for 1994, if the circumstances
favor it at that time.
a) Complete two public opinion surveys.
PROGRESS:
• The first public opinion survey has been completed. The second survey
is scheduled for late June or early August.
b) Hire temporary help to focus overall efforts towards a funding measure.
PROGRESS:
• In light of the Board's decision to postpone seeking alternative funding
through the initiative process, temporary staffing for this purpose is not
necessary.
c) Coordinate District activities related to a funding measure.
PROGRESS:
• All tasks and research relating to a possible funding measure have been
completed.
d) Work closely with the Finance Committee and the Board on all issues related
to funding measure.
PROGRESS:
• Staff provided all relevant information to the Finance Committee and a
consensus was reached for a recommendation to the full Board.
• The Finance Committee has considered the appropriate District role for
involvement in Proposition 180 The District adopted a resolution f
support for the measure, and has provided even-handed and complete
information on the issue through a number of means, including mailing
to the Hikes & Walks list, mailings to hiking, biking, and equestrian
equipment retail stores, and distributing the CALPAW map at
presentations.
R-94-55 Page 19
ADMINISTRATION PROGRAM
To Implement the
BASIC POLICY OBJECTIVE:
i
The staff of the District will administer the affairs of the District
on behalf of the public so as to maximize accomplishment of the
goals of the District within existing financial and other constraints.
General Program Emphasis for 1993-1994
i
Instill vision and provide leadership to foster participation in order
to successfully implement the Strategic Plan. Maintain the
District's viability as an open space acquisition and management
agency in light of potential reduction of property tax revenue
resulting from the state's fiscal crisis.
Staff Resources
(Regular, full-time positions unless otherwise indicated)
General Manager
Legal Counsel (part-time under retainer)
Controller (one-quarter time)
Administrative Services Manager/District Clerk
Administrative Analyst
Office Manager/Secretary to the General Manager
Accounting Specialist
Secretary
Receptionist (one-half time)
PROGRESS:
• Efforts during the first six months of the fiscal year focused on protecting the
District's property tax revenue, recommending appropriate operating budget
adjustments in light of District's exemption, and carrying out District activities as
prescribed in the Action Plan.
• Under the guidance of Controller M. Foster, the District was able to issue $17.3
million of Certificates of Participation which generated $5 million of new open space
acquisition funds while saving over $500,000 (present value) of future interest
expense.
•
The management team provided leadership and direction for the District's staff and
its activities for the majority of the year while awaiting the filling of the general
manager's position.
• The Board filled the general manager's position in March 1994 and began its search
for a new legal counsel during February.
• As part of budget preparation for the 1994-1995 fiscal year, briefings were held on
short- and long-term acquisition goals, as well as on long-term cash flow projections
covering four different assumptions of revenue and operating expense growth.
R-94-55 Page 20
1993-1994
Administration Program
Qbj_ iv
To provide overall coordination, direction, and administrative base for all District activities so
as to maximize the accomplishment of the Board's policies and directives, to implement the
Strategic Plan, and to maintain the District's viability as an open space acquisition and
management agency.
Kgy P ojects and Activities
1. Pursue legislation and alternative sources to secure existing, as well as additional funding
for the District, to maintain its viability and to meet acquisition and open space
management needs.
PROGRESS:
• The District was exempted from the reduction of property tax revenue during the
state's 1993-1994 budget deliberations.
• Work continued with District's lobbyist to develop a strategy for long-term
protection of District funding sources.
• Finance committee, acting general manager, and public affairs manager
investigate potential of a funding measure in 1994. Board subsequently decided
not to pursue a funding measure at this time.
• Various District projects totalling over $50 million included in CALPAW
initiative that is on the June 1994 ballot.
2. Once impact of the state's fiscal crisis on the District is known, review District's overall
operations and fiscal situation with Budget Committee, Controller, Board of Directors,
and staff and make adjustments as appropriate throughout all District programs.
PROGRESS:
• Fiscal year 1993-1994 budget adjustment adopted August 25, 1993.
• District continued to approach its property tax funding cautiously in light of the
state's still unstable budget situation.
• Operating budget adjustments of $253,900 represented a 5.4% increase in the
approved$4,742,000 operating budget. The initial 1993-1994 budget represented
an 18% reduction in operating expenses when compared with the initial 1992-
1993 budget.
• Issued $17.3 million of Certificates of Participation which generated $5 million
of new open space acquisition funds while saving over $500,000 (present value)
of future interest expense.
3. Carry out District's personnel and labor relations functions, including continuing
implementation of staffing reorganization plan if funding is available.
PROGRESS:
• In light of funding uncertainty, Board's "hold" on completing the implementation
of the staffing reorganization plan continued throughout the fiscal year. Six
approved positions were not filled. An additional ranger position, initially
R-94-55 Page 21
approved with 1992-1993 budget, also "on hold", as was the filling of the real
property representative position on a regular, full-time basis.
• In August 1993, funding approved for a full-time, temporary planning technician
through March 1994.
• Negotiations for a two-year contract with Local 715 for fiscal years 1993-1994
and 1994-1995 were completed in November, 1993.
4. Enhance organizational effectiveness through increased communications, staff meetings,
retreats, workshops, training seminars, and team building activities.
PROGRESS:
• Employee steering committee, staff safety committee, field uniform committee,
and "fun" committee continue to be active.
• In September 1993, District's office, supervisory, and management staff received
results of organization improvement survey. Employee steering committee and
management team to focus their efforts on selected items.
• Staff family picnic held in August and very well-attended. Several staff
luncheons/potlucks held in conjunction with training sessions throughout the year.
• Annual Board recognition event for staff and staff s holiday gathering held in
fall/winter 1993.
5. Refine process by which staff and Board members coordinate short- and long-term goals
and objectives for acquisition.
PROGRESS:
• District acquisitions were put on hold during the state budget crisis, and Board
and staff agreed to attempt to secure options. Nine options were obtained on over
2320 acres of desirable open space land.
• On several occasions during the budget revision process, the District controller
provided income updates and cash flow projections to update the Board on
District's financial situation.
• Briefings were held with members of the Board on short- and long-term
acquisition goals.
Open Space
1
R-94-58 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-13
May 11, 1994
AGENDA ITEM
Appointment of District Representative to Serve as Non-Voting Member of Santa Cruz
County's Local Agency Commission's Special Distric Advisory Committee
GENERAL MANAGER'S RECOMMENDATION
Determine whether any member of the Board of erectors is interested in serving as the
District's representative and/or alternate to the Special District Advisory Committee in Santa
Cruz County.
If members of the Board prefer not to serve on this particular committee, the general
manager and/or a designated member of the management team will represent the District.
DISCUSSION
The District received the attached correspondence from Patrick M. McCormick, Executive
Director, Santa Cruz Local Agency Formation Commission (LAFCO) on May 3, 1994. A
resolution of intention to adopt rules and regulations affecting special district and to expand
the commission by adding two special district representatives and one alternate special district
representative was adopted on April 14 by Santa Cruz' LAFCO. Sixteen of the twenty-five
independent special districts in Santa Cruz County passed resolutions proposing
representation of special districts on the commission.
As called for in section 4 of the resolution, the special district advisory committee will
consist of thirty people -- one board or staff member from each of the twenty-five
independent special districts and one non-voting representative from five other types of
districts. The District's representative would be a non-voting member on this committee
since Santa Clara County is our "home" county for voting purposes.
The District has the option of appointing an alternate to serve on the committee in the
absence of our primary representative.
The purpose of the advisory committee is to develop and recommend to the commission a set
of rules and regulations concerning:
-the process by which the new Santa Cruz LAFCO commissioners from special
district will be elected, and
-the functions and services of special districts (latent powers).
330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
R-94-58 Page two
As of the writing of this report, two of the sixteen independent special districts in Santa
Clara County had formally filed resolutions proposing representation of special districts on
the Santa Clara County Local Agency Formation Commission.
Prepared by:
Jean l . Fiddes, Administrative Services Manager
Contact person:
L. Craig Britton, General Manager
Santa Cruz Local Agency
Y
Formation Commission
tax
701 Ocean St.From 318 1`
Santa Cruz-,C;alitornia 95060
x 08)454 0!t 5
May 2, 1994
Special Districts of Santa Cruz County
Dear Board Members:
On April 14, 1994, the Local Agency Formation Commission approved the
attached resolution of intention to adopt rules and regulations affecting
special districts and to expand the Commission by adding two special dis-
trict representatives and one alternate special district representative.
The resolution establishes a special district advisory committee consisting
of thirty people -- one board or staff member from each of the twenty-five
independent special districts and one representative from five other types
of districts.
- 1 ---The purpose of the advisory committee is to develop and recommend to
the Commission a set of rules and regulations concerning:
- the process by which the new LAFCO Commissioners from special dis-
tricts will be elected, and
- the functions and services of special districts (latent powers) .
After the recommendations are submitted, the Commission will hold a public
hearing to consider adoption of the recommendations. Once the Commission
adopts the rules and regulations, the election will be held.
I have already met with a group of special district board members and
staff to discuss details of the upcoming development of rules concerning
the election process and latent powers regulation. That group will meet
again on May 9, 1994 at 7:00 p.m. at the offices of the Scotts Valley Fire
Protection District, 7 Erba Lane, Scotts Valley (turn off Scotts Valley
Drive at Bank of America) . Any interested board or staff member is welcome
to attend and participate in the group.
At
7:00 p.m. on June 6, 1994, at the McPherson Center Auditorium, 705
Front Street, Santa Cruz, I shall convene the first meeting of the special
district advisory committee. Since it is expected that some actions on
committee organizational issues and preliminary rules and regulations will
be taken that evening, it is important that your district send a represen-
tative who is empowered to vote on these issues. Would you please fill out
and return by May 31, 1994 the attached form indicating who your district' s
representative (and alternate) to the advisory committee will be.
MAY ! ' 1994
Additional written materials will be distributed ahead of the June 6th
meeting. If you have any additional questions, please feel free to contact
me.
Very truly yours,
Patrick M. McCormick
Executive Officer
I
Attachments:
-Distribution List
-LAFCO Resolution No. 801
-Committee Appointment Form
"'&! s4r'-uedes Sanitary Dist . Pajaro 'Valley Cemetery Dist Reclamation District 2049 !
739 East Lake Avenue, Sta. 2 66 Marin c/o Duncan Business Svcs .
Watsonville , CA 95070' Watsonville , CA 95076 255-A East Lake Avenue
Watsonville , CA 95076
Santa Cruz Port District Mid Peninsula Regional Open Pajaro Valley Water Mgmnt
135 Fifth Avenue Space District 145 Westridge Drive
Santa, Cruz , CA 95062 330 Distel Circle Watsonville , CA 95076
Los Altos , CA 94022
Santa Cruz County Resource Aptos/T.a Selva Fire Protec Aromas Tri-County Fire
Conservation District Pion District Protection District
3233 Valencia Avenue 6934 Soquel Drive 492 Carr enteric Road
Aptos , CA 95003 Aptos , CA 95003 Aromas , CA 95004
Ben Lomond Fire Protection Boulder Creek Fire Protec- Branciforte Fire Protec-
District tion District tion District
P .O . Box 27 P . O . Box 885 2711 Branciforte Drive
Ben Lomond, CA 95005 Boulder Creek, CA 95006 Santa Cruz , CA 95065 '
Central Fire Protection Felton Fire Protection Freedom Fire Protection
District District District
2425 Porter Street P . O . Box 48 2021 Freedom Blvd.
Soquel , CA 95073 Felton, CA 9501-8 Freedom, CA 95019
Salsipuedes Fire Protec- Scotts Valley Fire Protec- Zayante Fire Protection
tion District tion District District
562 Casse'rly Road 7 Erba Lane 7700 East Zayante Road
Watsonville , CA 95076 Scotts Valley, CA 95066. Felton , CA 015018
li
Central Water District LoMp4Co
County Water San, Lorenzo Valley
400 Cox Road District Water District
Aptos , CA 95003 11255 Lompico Road 13060 Highway 9
Felton, CA 95018 Boulder Creek, CA 95006
Scotts Valley Water Soquel Creek Water District Alba Recreation and Park
District P . O. Box 158 11040 Alba Road
2 Civic Center Drive Soquel , CA 95073 Ben Lomond, CA 95005
Scotts Valley , CA 95060
La Selva Recreation and Boulder Creek Recreation Opal Cliffs Recreation
Park District and Park District and Park District
312 Estrella Avenue -011 Cedar Street c/o Mark Ebrahimian
La Selva Beach, CA 95076 Santa Cruz , CA 95060 4315 Court Drive
Santa Cruz, CA 95062
Santa Cruz County Flood Sanitation Districts County Service Area
Control and Water Districts c/o Public Works c/o County Administrative
c/o County Public Works Officer
SANTA CRUZ LOCAL AGENCY F ORMATION COMMISSION
RESOLUTION NO. 801
On the motion of Commissioner Koshland
duly seconded by Commissioner Garcia
the following resolution is adopted:
RESOLUTION OF INTENTION FOR THE ADOPTION OF RULES AND REGULATIONS AFFECTING
THE FUNCTIONS AND SERVICES OF SPECIAL DISTRICTS AND FOR REPRESENTATION OF
INDEPENDENT SPECIAL DISTRICTS UPON THE LOCAL AGENCY FORMATION COMMISSION
The Santa Cruz Local Agency Formation Commission does hereby RESOLVE, DE-
TERMINE, AND ORDER as follows:
1. Government Code Section 56450 et seq. establishes proceedings by which
the Local Agency Formation Commission can be enlarged from five to
seven members.
2. Of the twenty-five independent special districts in Santa Cruz County,
the Commission has received resolutions from sixteen districts propos-
ing representation of independent special districts upon the Commis-
sion and the adoption of rules and regulations affecting all special
districts within the jurisdiction of the Commission. The resolutions
have been passed by the Boards of Directors of the following dis-
tricts:
Alba Recreation and Park District
Ben Lomond Fire Protection District
Boulder Creek Fire Protection District 1
Boulder Creek Recreation and Park District
Branciforte Fire Protection District
r
Central Fire Protection district
Central Water District
Felton Fire Protection District
La Selva Be-ch R e i,,, , P_ � _t
�:..,. e�., a ��� tz « Park uist��i;.�.
Pajaro Valley WatE.r Management Agency
San Lorenzo Valley Water District
Santa Cruz Port District
Scotts Valley Fire Protection District
Scotts Valley Water District
Soquel Creek Water District
Zayante Fire Protection District
3. The Commission hereby orders the proposal referred to a special dis-
trict advisory committee pursuant to Government Code 56461.
4. The special district advisory committee shall contain one member from
each of the twenty-five independent special districts in Santa Cruz
County plus one non-voting member from each of the following catego-
ries:
Aromas Tri-County Fire Protection District
Midpeninsula Regional Open Space District
Santa Cruz County Flood Control and Water Conservation District
Sanitation Districts (one member representing Santa Cruz County
Sanitation District, Davenport, and Freedom)
County Service Areas (one member representing all county service
areas collectively) .
PASSED AND ADOPTED by the Local Agency Formation Commission of the County
of Santa Cruz this 14th day of April , 1994 by the following vote:
AYES: Koshland, Routh, Garcia, Belgard, Patton
NOES: None
ABSENT: None
GARY A. PATTON, CHAIRPERSON
Santa Cruz Local Agency
Formation Commission
Attest:
Patrick M. McCormick
Executive Officer
Approved as to form:
Jane M. Scott
LAFCO Counsel
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: May 11, 1994
SUBJECT: FYI
i
i
I
330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485
Board of Directors:Pete'Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 10, 1994
Mr. Robert Lanzone
Town Attorney
` Town of Woodside
P.O. Box 620005
Woodside, CA 94062
Re: Teague Hill Surplus Property
Dear Mr. Lanzone:
You may be familiar with the background of the District's acquisition of the Teague Hill
property and its commitment to offset a portion of the acquisition cost either through a sale
of development rights to the town (an advisory vote on a proposed assessment district
apparently has ended this possibility) or through sale of a portion of the property. Last year
the District attempted to sell at auction two approximately 35-acre areas of the Teague Hill
property (see attached map). Since the auction was unsuccessful, we are preparing to market
the property under a more flexible arrangement, including clarification of potential alternative
approaches to the subdivision process.
An important aspect of the development process is the procedure to create legal parcels: 1) to
separate the two 35-acre surplus properties from the rest of the site; and 2) to subdivide each
35-acre parcel into as many as three building sites.
The District believes it has the legal authority to subdivide the property to create the two
surplus parcels through the recordation of a parcel map without going through the subdivision
process with the Town of Woodside. This belief is based on interpretation of the Subdivision
Map Act, Government Code Section 66428.
Although this section might also be interpreted to give us the authority to create more than
the two surplus parcels, we do not intend to pursue this, but would work with the purchasers
and the Town if more than the two surplus parcels were to be pursued.
Another potential mechanism to create the saleable parcels may be an alternative to the
District's creating the surplus parcels directly, as well as a means of further subdivision.
This would be the use of a lot line adjustment, to be processed through the Town. There are
apparently 11 recorded assessor's parcels which comprise the entire District holdings and
may pre-date the incorporation of the Town. These could potentially be reconfigured into
sale parcels. To maintain consistency with the existing zoning, the District would not pursue
more than six total building sites in any case.
330 Distel Circle • Los Altos, California 94022-1404 • Phone: 415-691-1200 • FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Mr. Robert Lanzone
page 2 of 2
I would like your opinion regarding the two alternatives outlined above. I encourage you to
contact the District's new Legal Counsel, Susan Schechtman, at our offices or at (415) 738-
7308. Susan has had experience with these issues during her previous experience as Counsel
for the City of Pacifica.
1 appreciate your help on this complex project.
ncerel<y,
� V
L. Craig Britton
General Manager
cc: Susan Schechtman, Esq.
Susan George, Town Manager
Curtis Williams, Town Planning Director
Attachment
1
f
{
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Teague Hill Open Space Preserve
. "'! KINGS MOUNTAIN ROAD'r :w,, v. A \,
Fes- �� HUDDART COUNTY PARK
`£ ,- W , , ' ♦ !'t� t t '`� OBI
♦\',\,.'.fn/a�l• - ♦ �' � k `
PURISIMA CREEK REDWOODS, V`, t r «�OPEN SPACE PRESERVE tC1r8 ' • ♦ '\ • w
iFF
00,
t t+f { � '� > .� ff y t +7.`��' '�, r _` • / 1 � - l' �l �`,ti r,�.<3L II�,#j .- s io
177 3 t /," � t ,..``♦ � I ;,... �` #�I it ��,t •4' ,, I� � `.
-w1r
100
44,
t r..,1(` ,6a / `PARCELONE
o
PARCEL 1TW `� i , ;, { ` . ,•" �€
C'' ,�, �.•r wpm �€ Teague
sHiII
SAN MATEO COUNTY
RIDING&HIKING TRAIL
, �
SKYLINE BLVD. - .Y. .
Y
:'jr•..:i:iL:'!:: ✓'Y:;f`v,.. ..4. G.
EL CORTE DE MADERA
OPEN SPACE PRESERVE
�
*- -SKEGGS POINT t �--
f' \ •� �, ` - WUNDERUCH. ;
COUNTY PARK
--
J
�2 �M1. �'��` CTOBER 4 1991` -
NOTE: TO BE SOLD ` .. . +..
- �,an,+�rancifaco�xumincr t
I 9MM T�I'
„t
AM
ExAawEa PxOlO
•.} xis-� i�li'
t•
f> •
BUILDERS SAY PRESERVATIONISTS
ARE GOING TOO FAR TO STO
DEVELOPMENT ``
that development as open space. lie hearings and then these light- Group
By Bradley lamas
would ruin the iw In addition to leading tours,for ning rod issues will make their way Whip
SPECIAL TO THE EXAMWER p Rit
laGon'people cur- example,the G'reenbelt Alliance is to the to oftheEnvironmentallm- lk'
NION CITY—When envi- rently enjoy when circulating a flyer in Union City pact Review.If they end up being Unim
ronmentalist acti Mark they visit LIVI N G IN that calls the prospects for develop- incorporated in the EIR,the devel- last rI
i 1 Evanoffhelped lead vist a group Creek Regions] ment for the 7,000•acre Walpert oper will have two choices:pay to
of hikers on a tour of the vir- Park,which sits in 1HE BAY Ridge a'blueprint for disaster.' mitigate the costs or scratch the
gin rolling hills above Union the middle of the With a menac- project
City near Dry Creek Park development area. AREA ing bulldozer on City activist Chuck
earlier this month,he had Tours like this As cover,the fly. Jones, who is a sup-
more in mind than a nature one are the latest f er itemizes the poieroflimiteddevel-
Imture on plants and ani. salvo by environ- public costs of a opment on Walpert
m.Jv mentnl groups that want to p,►ts• development Ridge, calls such ef-
P:vmwR of the ti:m 1•'run- 01°r"a"I wit spun!in the Day/)ten. pn.posal, even mm forts by envinem
t cisco-based Greenbelt AI- Greenbelt Alliance has figundd out though the plan. �� mlislal 'a conxplrary`
I liance,points out where and that giving local citizen`s first ningis still in its to kill the project by
how much development hand look at a development site can formative stage ° aking it too expen-
couldend up here Walpert do a lot to arouse public passions. and no one has sr to build.
Ridge. Then, Evanoff im- But critics charge that environ- even put forth a Lan wners will have
plores the 23 persons on the tour to mentalists are engaged in a cam- specific plan,let no other-hoice but to
write the city council and tell them pa'gn that goes beyond trying to alone estimated sell their property to
not to let this pristine piece of real win public support to beat develop- costs. East Bay Regional
estate be destroyed by developers. ers at the approval proceae.Rather. The Green- _ Perk,Jones predicted,
After returning from the April 9 their strategy is to`get the public belt Alliance fly- Mark Evaooff ojGreeebelt wf ich,he says,is what
tour, local homeowner Elizabeth riled up over what the purported er says there Alliance wants the hd4ikept the environmentalists
Ames did just that. 'You can't environmental impact and coats will bea$20mil- as open space. want. After
i magi ne what is at stake,"she said. will be and then demand chnoes- lion bill for new EvanofT brushes resit!.
Proposed plans'would sprawl aions from the developer to mitt- schools and an estimated$30 mil- off the"conspiracy*label but freely wen•
developmentall overthe hills;said gate those costs.In the end,these lion tab for new roads and millions admits that raising the issue of to wr.
Ames,who moved to Union City mitigations often can make the pro- ofdollars for flood prevention. public costs is central to hisgroup's letter
three years ago."My worst fear is jest uneconomical and perhaps Ultimately,these kinds of fig- supp.
force the developer to sell the land ures will be thrown around at pub- [See LIVING.E.81 open
1
t
}
State Bond Mea sures Command
Wide BackingSurvey, Shows
By Vlae Kershner
Chronicle Sacramento Bureau THE FIELD POLL
Sacramento VOTER VOLATILITY ON BOND ISSUES
California voters look favor- Voter sentiment toward four statewide bond measures that will
ably on four June ballot measures appear on the June ballot
to raise $5.9 billion, especially a
bond issue that would pay for Among registered or likely-to-register voters
earthquake damage and strength-
en roads and bridges,according to For [:]Against ®Undecided
a new Field Poll. PROP 1 A
But polltaker Mervin Field Earthquake Relief and 67%
warned that the measures are not Seismic Retrofit Bond 23%
a sure bet,noting that support for Act of 1994 ®10%
bond issues usually dwindles as
Election Day nears and voters start PROP 1 B
adding up the costs. Safe School Act 66%
Of 831 Californians surveyed of 1994 1 128%
April 1-9, 67 percent said they fa- ®6%
vor Proposition 1A, the $2 billion PROP 1 C
bond issue that would pay the Higher Education 55%
state's share of repairs from the Facilities Bond Act 36%
Northridge quake in January.Just of June 1994 ®9%
23 percent said they oppose the PROP 180
measure, which also would fi
nance seismic strengthening of parkland,Historic 57%
roads and bridges, including five Sites,Wildlife and 34%
Forest Conservation
Bay Area toll bridges. Bond Act ®9%
The wide lead should please the The Field Institute surveyed 831 California residents who are registered to vote or said they
Legislature, which — faced with are likely to register.The poll was conducted by telephone from April 1.9,in English or
the prospect of paying for repairs Spanish.
by imposing temporary sales or
gasoline taxes in an election year CHRONIC!E GRAPHIC
—decided instead to ask voters to
authorize bonds that will be repaid issues have had very close votes in cording to the poll, 57 percent of
over decades. recent elections. voters favor the measure and 34
Proposition 1B, a $1 billion The Legislature assigned the percent oppose it.
school bond issue, was supported unusual numbers—1A,113 and IC Field said the measures—espe-
by 66 percent of those surveyed —so that the three measures will cially 1C and 180—could be in for
and opposed by 28 percent. Titled appear first on the ballot. Early
the "Safe Schools Act of 1994," it ballot position is considered an ad ;close vote.
includes up to $200 million for vantage. For example, a 1992 school
earthquake safety renovations. The fourth bond issue is Propo- bond issue was supported by 70
Support for Proposition 1C, sition 180, which was put on the percent of those polled three
which would provide $900 million ballot by petition. It would autho- months before the election, but
to build and strengthen college rize nearly$2 billion to acquire,de- the lead narrowed and the mea-
buildings, was a bit lower: 55 per- velop and conserve designated sure squeaked through with 53
cent to 36 percent. College bond parkland throughout the state.Ac- percent of the vote.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-13
SUMMARY OF MAY 11, 1994 REGULAR BOARD MEETING
S=ial Order Of The Day - Resolution Supporting the Santa Clara County Open Space
Authority and Measure A on the June 1994 Ballot - The Board adopted Resolution 94-18
supporting the Santa Clara County Open Space Authority and Measure A on the June 1994
ballot.
Appointment of Susan M. Schectman as District Legal Counsel and Approval of Retainer
Aareement for Legal Services - The Board approved the Retainer Agreement for Legal Services
appointing Susan M. Schectman as District's Legal Counsel.
Brown Act Briefing - Legal Counsel S. Schectman gave a presentation on the revisions in the
Brown Act.
Adoption of a Conceptual Exhibit Plan and Operational Alternatives for the David C. Daniels
Nature Center at Skyline Ridge Open Space Preserve and Application for an Environmental
Education Grant for Implementation of Phase I of the Exhibit Plan - The Board accepted and
approved the Conceptual Exhibit Plan and Operational Alternatives for the David C. Daniels
Nature Center; authorized staff to proceed with development of utilities and support system
improvements for the Nature Center at an estimated cost of$24,000; adopted Resolution 94-19
authorizing submittal of an application for the Environmental Education Grant Program for
implementation of Phase I of the exhibit plan for the Nature Center; and authorized staff to
proceed with design of the Phase I improvements to the Nature Center in anticipation of
receiving Environmental Education Grant Program funds and/or other outside funding. Upon
award of the grant or the securing of other revenue sources, staff will return to the Board with
a funding plan and request authorization to proceed with construction of Phase I improvements.
Program Evaluation for the 1993-1994 Action Plan for Implementation of the Basic Policy of
the Midgeninsula Regional Open Space District - The Board accepted staff's program evaluation
report.
Appointment of District Representative to Serve as Non-Voting;Member of Santa Cruz County's
Local Agency Commission's Special District Advisory Committee - The Board appointed
Director Siemens as the District's representative to the Special District Advisory Committee in
Santa Cruz County.
Susan Dale
Recording Secretary
330 Distel Circle • Los Altos, California 94022-1404 * Phone: 415-691-1200 a FAX: 415-691-0485 iS
Board of Directors:fete Siemens,Robert McKibbin,Deena Henshaw,Ginny Babbitt,Nonette Hianko,Betsy Crowder,Wirn de Wit
General Manager:L.Craig Britton
I
Open Space
j
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: May 6, 1994
SUBJECT: FYI
330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena.Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
The Resources Agency
0,
Pete Wilson Douglas P. Wheeler
Governor Secretary
of California
California Conservation corps r Department of Boating&Waterwa,vs Conservation Department of Conseation
Department of Fish&Gamee Department of Foivsfiv&Fire Protection 0 Department of Parks& Recreation * Department of Water Resources
,MAY
L. Craig Britton
Acting General Manager
Midpeninsula Regional open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Mr. Britton:
I am pleased to inform you that the following Environmental
Enhancement and Mitigation Program (EEMP) project has been
included on the list of projects recommended by The Resources
Agency to the California Transportation Commission (CTC) :
Sierra Azul Resource Lands
$340,000
From the list of eligible projects recommended by The
Resources Agency, the Commission will make a final selection of
projects to be funded in the 1994-95 fiscal year. Not all
projects recommended by The Resources Agency will be funded,
however. From a total of approximately $18 million in
recommended projects, the Commission will select projects
totalling no more than $10 million for funding. The final
selection will be based on the Commission's determination of
project readiness, viability, and the link between the proposed
project and the underlying transportation project. Subject to
appropriation of the EEMP funds by the Legislature, it is
anticipated that the Commission will make its selection in
July, 1994.
To assist you in determining the probability of being funded
by the CTC, we have attached the list of recommended projects
with recommended grant funding levels. In the event the
recommended level of grant funding differs from your request, you
will also find, attached, the detail of items not recommended for
funding with grant funds. If these items of expense are deemed
necessary, you may wish to fund them from non-grant sources.
The Resources Building Sacramento, (A 95814 (916) 653-5656 FAX t9161 653-8102
California Coastal Commission * California"Tahoe Conservancv * Colorado River Board of California
EnerKy Resources, Conservation&Development commission * San P'rancisco lia'y Conservation& Development Commission
State Coastal Conservancy 0 Stale Lands Commission e State Reclamation Board
Printed on weyded paper
Page Two
The Commission requires that final environmental documents
for the Environmental Enhancement and Mitigation Program project
be submitted by May 27, 1994 . For further information on any
other Commission requirements, please contact Mr. Rick Gumz at
the California Transportation Commission, 1120 N Street,
Sacramento, CA 95814 , (916) 653-7665. If you have any other
questions, please feel free to contact The Resources Agency EEMP
Coordinator, at (916) 653-5656.
We appreciate your fine work in this area and wish you
success in the completion of your project.
incerely,
Douglas P. Wheeler
Secret ry for Resources
Attachments
BUDGET REDUCTIONS SUMMARY
ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM
APPLICATION NUMBER: 99
APPLICANT: MIDPENINSULA REG OPEN SPACE DISTRICT
PROJECT: SIERRA AZUL RESOURCE LANDS
REDUCTIONS:
UNALLOCATED REDUCTION: $160,000
RECOMMENDED: $340,000
I
REDUCTS.WEB
STATE RESOURCES AGENCY
4/19/94 ENVIRONMENTAL ENHANCEMENT& MITIGATION PROGRAM
RECOMMENDED PROJECTS
1994-95 GRANT CYCLE
NORTHERN COUNTIES
APP RECOMMENDED CUMULATIVE
NO APPLICANT PROJECT CAT FUNDING TOTAL
------ -------------------------------------------------------------------------- -----------------........................_..................................................... ........ -- ...................... .......................
46 DEPT OF FISH AND GAME LAGUNA DE SANTA ROSA-LAGUNA WILDLIFE AREA RL 340,000 340,000
28 SOLANO COUNTY FARMLANDS AND OPEN SPACE COMPLETION OF LYNCH CANYON ACQUISITION RL 340,000 680,000
66 SAN JOSE,CITY OF CITY OF SAN JOSE-HIGHWAY 101 HLUF 166,920 846,920
29 EL CERRITO,CITY OF EL CERRITO CITY AND SCHOOLS TREE PLANTING PROG HLUF 75,000 920,920
51 DEPT OF PARKS AND RECREATION NIMBUS FLAT AREA-DAY USE REC ACCESS IMPROVEMENTS RR 420,000 1,340,920
98 MARIN CONSERVATION CORPS MIDDLE GREEN GULCH TRAIL AND EROSION REPAIR RR 66,304 1,407,224
160 MADERA COUNTY TREES FOR OAKHURST HLUF 128,469 1,636,683
17 NORTH COUNTY PUBLIC REC DIST CASTROVILLE URBAN FORESTRY MITIGATION HLUF 226,000 1,761,683
12 AMERICAN RIVER LAND TRUST PINE HILL ECOLOGICAL RESERVE RL 340,000 2,101,683
91 SALINAS,CITY OF NATIVIDAD CREEK RESTORATION RL 160,000 2,261,683
164 WILDLIFE CONSERVATION BOARD RANK ISLAND RL 340,000 2,601,683
167 SANTA CRUZ COUNTY BONNY DOON BEACH ACCESS PARKING AREA RR 436,740 3,038,423
180 SEQUOYA CHALLENGE SOUTH YUBA INDEPENDENCE TRAIL RR 79,744 3,118,167
81 SACRAMENTO TREE FOUNDATION GATEWAY HWY 160 URBAN FORESTRY ENH HLUF 33,386 3,161,662
67 EL DORADO COUNTY HENNINGSEN-LOTUS PARK-MASTER PLAN IMPLEMENT RR 302,640 3,454,192
99 MIDPENINSULA REG OPEN SPACE DISTRICT SIERRA AZUL RESOURCE LANDS RL 340,000 3,794,192
149 REDWOOD COMMUNITY ACTION AGENCY HAMMOND COASTAL TRAIL RR 161,310 3,955,602
76 S.F.FRIENDS OF THE URBAN FOREST S.F.NEIGHBORHOOD PLANTINGS HLUF 161,500 4,107,002
32 ARDEN MANOR REC AND PARK DISTRICT JONAS LARKSPUR NATURE AREA HLUF 11,000 4,118,002
166 BRENTWOOD,CITY OF MARSH CREEK STAGING AREA RR 186,129 4,304,131
142 EAST BAY CONSERVATION CORPS WEST OAKLAND URBAN FORESTRY HLUF 242,260 4,546,391
181 DUCKS UNLIMITED,INC MODOC WILDLIFE RESTORATION AND ENH PROJECT RL 340,000 4,886,391
133 TUOLUMNE COUNTY SULLIVAN CREEK PARK RR 496,048 6,382,439
182 FORTUNA,CITY OF EEL RIVER ROADSIDE REC AND SCENIC OVERLOOK RR 200,000 6,682,439
87 SAN FRANCISCO,CITY OF ARMY STREET TREE MITIGATION HLUF 191,600 5,773,939
121 ALAMEDA COUNTY ALAMEDA COUNTY PUBLIC WORKS URBAN FORESTRY HLUF 94,600 5,868,439
14 MONTEREY,CITY OF NEW MONTEREY STREET TREES HLUF 21,636 6,889,975
94 FOLSOM,CITY OF AMERICAN RIVER BRIDGE CROSSING RR 112,000 6,001,976
93 OAKLAND,CITY OF CYPRESS STRUCTURE NEIGHBORHOOD TREE PLANTING HLUF 302,472 6,304,447
118 DEPT OF FORESTRY AND FIRE PROTECTION CAMP 20 ROADSIDE REST AREA RR 137,380 6,441,827
100 SAND CITY,CITY OF REGIONAL BICYCLE PATH LINKAGE AND REC FAC RR 448,394 6,890,221
68 EMERYVILLE,CITY OF EXT AND REHAB OF 1-80 UNDERPASS FOR BICYCLE/PED RR 600,000 7,390,221
143 EAST BAY REGIONAL PARK DISTRICT TEMESCAL BATH HOUSE REHABILITATION RR 376,000 7,765,221
168 MOUNTAIN VIEW,CITY OF STEVENS CREEK ENHANCEMENT HLUF 138,600 7,903,721
.........................
Total Recommended,Northern Counties $7,903,721
STATE RESOURCES AGENCY
4/19194 cmvMomMEmTxL ENHANCEMENT& MITIGATION PROGRAM
RECOMMENDED PROJECTS
19$4-9a GRANT CYCLE
SOUTHERN COUNTIES
4Pp REC CUMULATIVE
NO APPLICANT PROJECT CAT puwmmG TOTAL
------ ------------------------------------------ -'-'----------- ---------- ----- ------ -------------------------------------------------- ------ -----------'-' -----------'
x4oEproppxnnexwomECRExTmw Mommo BAY apCOASTAL BIKE TRAIL nn 64,000 64.000
u4 LAGUNA BEACH,CITY OF LAGUNA CANYON ROAD WIDENING-LAGUNA LAUREL Aoo. nL 340.000 404.000
17om4mo|EGoCOUNTY SxxsETVxATERR|vER MULTIPLE-USE PATHWAY AND MIT RR 193.000 697.000
uooepTop PARKS AND RECREATION REEF POINT ENTRANCE IMPROVEMENT-CRYSTAL COVE RR 129.000 726,000
5o BIG BEAR muw|WATER DISTRICT aT4NnELD MARSH VNLoUFEANATEnFowLHABITAT *LUp 400.000 1`126.000
1o1p4axoswA.CITY op ARROYO aECo.OAK GROVE PARK AND URBAN FOREST HLup x*u.xao 1.36$.2e0
xooxLTRAwa'DISTRICT 1u THE wAmT|AGoPARK EXTENSION RR 263,320 1.622.670
roLonAwmeLee.CITY oF URBAN GREENING xT HOUSING SITES xLup 400.000 2.022.670
1noMAuou BEACH ESPLANADE eAugu BEACH ESPLANADE RR *76.712 2,498.28e
1oosAmTEe.CITY op RELOCATED MISSION GORGE ROAD LANDSCAPING Em* *Lur 29.*45 2.627`/27
1xuu.a.FISH AND WILDLIFE SERVICE >m7nnm|Lu»vVRoTRUCK RAMP AND CHANNEL ExT nm $2,848 2.610.576
^000AwrxaxRoxnA CITY COLLEGE FouwoAnom og CITY COLLEGE OAK WOODLAND/COASTAL BLUFF sw* *LuF 99.876 2.710.*60
1^nMunn|erA.CITY op 1'16/\-21a INTERCHANGE AND TRANSITION AREAS nLup 400.000 3.110.460
110 WILDLIFE CONSERVATION BOARD MYSTIC LAKE mL 336,000 3.445.460
eoLxmnAnrER.CITY oF PRIME DESERT WOODLAND Pnsm NATURE TRAIL ne ^ou.00u 3.845.*60
1aoLA*AgR«HEIGHTS,CITY or HARBOR BLVD.REFORESTATION *Lup 86.140 3,930,690
4/ LAuu/mT4.CITY or COVE AREA URBAN FORESTRY *Lup 266,699 4.186.289
uxmxHeIm.CITY or SAmTxxmx RIVER BIKE TRAIL EoTEwamm nn 89,000 4.276.289
1000epToF PARKS AND RECREATION HIGHWAY 1u1 TRAIL UmDERCRoSm/msmxvmTAop nn 16.000 *,291.289
4mLoaxmmsLsa.CITY oF uoaAmoELEaRIVER GREENvVAY HLuF 230,000 *.621.289 �
� 1uomAmmEoo STATE UNIVERSITY FOUNDATION NATURAL xA0TxT/GXPER|MENTAL ECOLOGICAL pAo RL 330,000 *.861`289 �
� 172 MAMMOTH LAKES,TOWN OF LODESTAR TRAIL mn 276.400 6.126.689
1400Amo|soo COUNTY PARKS AND RECREATION RuTnERFonomOLCAN MOUNTAIN OAK WOODLAND nL 330,000 o.*ao.oao
/xs ORANGE COUNTY TRAouCo CREEK BIKEWAY ATO'NE|LL REGIONAL PARK RR *oo.ono 6,856,689
1snsAmToaxRoAnx.CITY op LOWER EAST SIDE INDUSTRIAL AREA URBAN FOREST xLup 46.000 6.901.689
oo *EapcmxREc AND PARK DISTRICT ENV Emn AND MIT PROGRAM FOR*eoPsw|A LAKE PARK RR 32.960 6.934`639
1n YUCCA VALLEY,TOWN oF mn WES
T *LuF *72.189 6,406,828
�
z6suELLTom.CITY np BuELLrom/SANTA YNEZ VALLEY mEo BIKEWAY LINK RR 193.200 6,600,028 �
oosAmo/Eoo`CITY pp an,1a^ooT*oT URBAN FORESTRY *Lup *98.473 /.098.501
1oo PARAMOUNT,CITY oF PAnxMouwT/1-106 ENV E0MPROJECT *Lup '170.380 7.268.881
oo monwALx.CITY oF |-1no MITIGATION PROJECT-momxvALn MLuF 104.300 7.37:.181 |
o4osapsR|Aaso AND PARK DISTRICT ENV EmM AND MIT PROGRAM FOR LIME STREET PARK em 49.210 7.422.391
1oouAmTEE.CITY oF WEST HILLS PARK/MAST BLVD.EnTEwxLANDSCAPE *Lup 21.180 7,443.641
1s1 RIVERSIDE oonsm PARK u OPEN SPACE o|oT SALT CREEK MULTIPURPOSE CORRIDOR me 2*0.000 7.683.641
^sLoaAmosLsuCOUNTY TnompsOm CREEK BICYCLE TRAIL nm 169.600 7.863.041
1zo CHINO,CITY or Emmomx:EmTaAL AVE URBAN FORESTRY *Lup 130.862 7,983,903
oovswIcs ACTION COMMITTEE pcM/0mEpATnPxLMTREEPLANTING *Lup 88.770 8.072.673
� /oo CANYON LAKE,CITY oF RAILROAD CANYON ROAD LANDSCAPE ENHANCEMENT *LuF 600,000 8,572,673
� 1*4 ooLvAmG.CITY op EAST HIGHWAY%4uBIKEWAY RR 181.626 8.76*.298
1or MONO COUNTY JUNE LAKE ROADSIDE PARK RR 21e./63 8.971.051 |
� xnmepTor PARKS AND RECREATION LAND xCo AND RESTORATION RED ROCK CANYON RL x*o.000 9.311.061 �
uouT*��cxo�m�R��om|osn�mT nn *xuzoe 9,744,340
' xoo�Tom.onvoF .
1oonAmT4«mx.CITY nF pxLL8ROOKPARK nLuF *VV.V$V 10`144.3*0
137LOaAmoELES.CITY OF SYLMAFXSANFERNANDOMETgOL|mn STATION px! MLup 18.000 10.162.340
-------------
| Total Recommended,Southern Counties $10.183.340
| ===~=========
� Total Recommended,Statewide *18.086,061
� /
AY 0 51994
i
Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
April 25, 1994
t Ms. Linda Adams
Office of the Honorable Dominic Cortese
State Capital, Room 6031
Sacramento, CA 94249-0001
Dear Ms. Adams:
Two of our staff and a Board member of the Midpeninsula Regional Open Space District attended
the California Journal seminar on"Demystifying The Legislative Process" last week, at which you were a
speaker. I'm writing to thank you for your presentation, and to let you know that your segment was one
of the highlights of the entire program. Your clear and concise explanation of committee processes and
procedures gave us a good idea of what's going on in the committees.
I'd also like to take this opportunity to remind you that we have already expressed to your office
the District's strong opposition to AB 3417 (Harvey) which is being heard tomorrow in committee (see
our fax dated April 14). I know that Assembly member Cortese voted against this bill two weeks ago, and
we are hopeful that he will again oppose it when it comes before him tomorrow.
Again, thank you for our insights on the inner workings of the committees, and I look forward to
g Y Y g
visiting you the next time I'm in Sacramento. Please don't hesitate to contact me should you desire
information on the Midpeninsula Regional Open Space District.
Si ere
L. Craig Britton
General Manager
LCB/mcs
cc : Board of Directors
r
c\amcs\14s1\stateVeadanu
330 Distel Circle • Los Altos, California 94022-140-1 Phone: 415-691-1200 FAX: 415-691-0485
Board of Dire(tors:Pete Siemens,Robert McKibhin,Teena I lenchaw,(pinny RahbitI,Nonette Hanko,Betsy Crowder,Wim de Wit
General Alanager:1.(laig Rrition
1
BAY AREA
RIDGE TRAIL
C O U N C I L
31 1 CALIFORNIA STREET, SUITE 300
SAN FRANCISCO, CALIFORNIA 94104
i
April 20, 1994
Ginny Babbit, President
Midpeninsula Regional Open Space District
330 Distel Circle
Les Altos, CA 94022
Dear Ginny,
Thank you!
Midpeninsula Regional Open Space District's $100.00 membership donation to the Bay
Area Ridge Trail Council is greatly appreciated. Along with hundreds of other people,
agencies, businesses, as well as recreational, civic and environmental groups, you have
helped make the dream of the Bay Area Ridge Trail become a reality!
Today, 168 miles of Ridge Trail are open! In addition to completing important links
within parks, we are preparing to face two immediate and immense challenges —
completing the critical gaps in trail access.on private lands, and accomplishing multi-
use objectives.
This year the Bay Area Ridge Trail Council will invest its resources in activities that
result in substantial progress in closing the gaps in the trail. One of our major goals is
to complete at least 20 miles of new Ridge Trail across public land, and make significant
progress in closing at least two priority gaps on private lands. Other activities include
gap strategy development, trail planning, political action, and volunteer management
and training.
Your generous membership gift will greatly help in each of these endeavors. Thanks
again for MROSD's support and commitment to the creation of one of the Bay Area's
greatest recreational resources — the Bay Area Ridge Trail.
Cordially,
G)-%,
Barbara Rice
Executive Director
c c: Craig Britton
Betsy Crowder
PHONE (415) 391-0697
FAX (415) 391-2649
P,IMM--)y Id Pop,,
r
I
1
I
i III
i
I
1
i
1
APR 2 21994
APRIL 1994 MOFFETT FIT- COMPREHENSIVE USE PLAN
DRAF. IRONMENTAL ASSESSMENT
ENVIRONMENTAL IMPACTS OF PROPOSED ACTION
mile (644 kilometers) hiking and bicycling trail around the entire San Francisco
Bay. The alignment preferred by the Ad Hoc Committee is along the northern
side of Moffett Field, near the waters of the San Francisco Bay. An early
version of the Bay Trail alignment was outside of the CUP study area and
called for a pathway on top of Cargill Salt Company's main levee. Cargill Salt
is opposed to this proposed Bay Trail alignment because they currently dispose
of dredged materials onto the current levees.
NASA has concerns over the development of the northern route of the Bay
Trail because it would bring public users of the trail within the vicinity of
active ordnance magazines, ordnance handling pads, a firing range, and the end
of the runway. Prdnance and weapons storage will continue in its present
location at Moffett Field. Use of the small arms firing range is expected to
continue to operate in the future with the transfer to NASA. Magnetic testing
and laser research is also periodically conducted in close proximity to the
northern alignment. Several of these safety hazards-could be potentially
minimized through temporary closure of the proposed Bay Trail. The trail
could be closed, for example, during research testing or ammunition and
weapons transport?
An alternative southern route has been proposed by NASA to go around the
south end of the facility. Although the southern route would also be in close
proximity to the runways, there would be less public safety concerns related to,
operations at Moffett Field. However, this alignment would also create safety
hazards associated with traffic. The southern route parallels automobile traffic
and traverses several intersections. This route is inland from the San Francisco
Bay, making it substantially longer than the northern route, which creates an
indirect connection between surrounding sections of the Bay Trail.29The
proposed alignments of the Bay Trail and uses which present safety concerns
according to NASA are shown on Figure 9.
NASA-Ames is committed to working with the South Bay Ad Hoc Committee
to implement a Bay Trail route. Although NASA recognizes the Committee's
preferred route, there are public safety concerns that must be examined, as
described above. Therefore, NASA has not yet approved a specific alignment '
and is working with the South Bay Ad Hoc Committee to examine both the
28 Jill Keimach. San Francisco Bay Trail Project. Association of Bay Area Governments
(ABAG). Personal Communication. April 4, 1994.
29 Larry Ames. Santa Clara County Trails Advisory Committee. Personial Communication.
April 4, 1994.
53
MC- -17 FIELD COMPREHENSIVE USE PLAN APRIL 1"4
D.* NVIRONMENTAL ASSESSMENT
EN.--.JNMENTAL IMPACTS OF PROPOSED ACTION
0 Federal Interagency Committee on Urban Noise: "Guidelines for
Considering Noise in Land Use Planning and Control", and
0 American National Standards Institute (ANSI) publication, "Sound Level
Descriptions for Determination of Compatible Land Use," (ANSI Report
S3.23-1980).
These guidelines were developed in cooperation with the Environmental
Protection Agency (EPA) as directed by the Aviation Safety and Noise
Abatement Act of 1979, and represent the criteria used by the FAA in the
review and approval of airport noise exposure maps and airport noise
compatibility programs submitted under Part 150 of the Federal Aviation
Regulations (FAR Part 150). Though Moffett Field is not currently regulated
by the FAA or the Federal Aviation Regulations, NASA is using these
regulations as guidelines in planning for the future of Moffett Field. All land
uses, including residential are allowed in areas which have a noise level below
CNEL 65 dB. In addition, commercial and industrial land uses are generally
allowed in areas below CNEL 75 dB with limited design considerations.
The compatibility of the Comprehensive Use Plan with the federal noise
standards are similar to the compatibility of the Plan with State standards, as
discussed above.
(2) Safety. Currently, land uses on and surrounding Moffett Field are
subject to accident potential zones which occur on either end of the airfield.
These zones, known as Air Installations Compatible Use Zones (AICUZ), are
zones which were established by the Department of Defense for use of the
airfield by the Navy. These advisory zones will no longer apply when NASA
acquires Moffett Field." Because the governing agency of the federal airfield
will not be the Department of Defense, it is unclear which regulations will
govern its future use. The majority of regulations established by the FAA are
for commercial airports. In absence of such regulations, NASA will be using
FAA commercial airport regulations as guidelines as a matter of policy. No
substantial changes of uses will result from implementation of the
Comprehensive Use Plan.
(3) Bay Trail Development. The Association of Bay Area
Governments (ABAG), in cooperation with the South Bay Ad Hoc Committee
of the San Francisco Bay Trail coalition, is studying the feasibility of extending
the Bay Trail to the north of Moffett Field. The trail was conceived as a 400-
27 John D. Gordon. Airfield Operations, Bentley. Personal Communication. October 28, 1993.
52
. r 1
MOFFETT FIELD
• 'r `:\ -- ,i v COMPREHENSIVE USE PLAN
ENVIRONMENTAL ASSESSMENT
' Fi ! •-\a ``�O 0 °'• FIGURE 9
Proposed Bay Trail and
'. `; i°• NASA's Safety Concerns
• -. LEGEND
• i':
• n O � � Unlnaun•a11J W'JpUll\SlaragC
• O y^ Ouldi—Aenalautics Reuarch Facility
♦ • \i (OARF)SJ,:1y Clraranae
• /J ^) Magnetic I.Aamm Zane
••
• t�
• • � / \ o• / a • ■ Pramual Bay Trail(suuthcm rumr under ewJy)
••• ✓ �`�,j 1 0 •
•••••• South Bay Ad Ha'Cranmhlee'S Propose)
O • / .o U ��- BJy Trail twx approved by NASA)
•
o •
fO O O Runway Clear Zone
? o fin
a
elk
� , a4 0 . • • ��
�° ��A�p •
L
4
op
❑ p •
••3` al
NASA
' 1 1 111 0�u a
o III
4
*4* 11 r ar w w
1
o O
• am
i I� NSA
•
f
O
1 �
low ■ ■ . . . . ♦ ++ a ..
MOF- T FIELD COMPREHENSIVE USE PLAN APRIL 1"4
DRJ 14VIRONMENTAL ASSESSMENT
ENVII-,uNMENTAL IMPACTS OF PROPOSED ACTION
described above. Therefore, NASA has not yet approved a specific alignment
and is working with the South Bay Ad Hoc Committee to examine both the
southern and northern alignments. Prior to implementation of either route,
appropriate environmental analysis will be required. Neither Bay Trail
proposal is part of the Comprehensive Use Plan.
(4) San Francisco Bay Conservation and Develol2mcnt Commission.
The San Francisco Bay Conservation and Development Commission (BCDC)
regulates filling and dredging in the San Francisco Bay and has jurisdiction
over activities within a 100-foot (30 meter) shoreline band. The BCDC also
has jurisdiction over proposed filling of salt ponds or managed wetlands.
The San Francisco Bay Plan developed by the Bay Conservation and
Development Commission (BCDC) designates Moffett Field as an Airport
Priority Use Area. The note on BCDC Bay Plan Map 6 states: "If and when
not needed by Navy, site should be evaluated for commercial airport by
regional airport system study." The Comprehensive Use Plan will not trigger
the airport study because the military continues to need the airfield and will
use it as part of a use agreement with NASA. Thus, the Comprehensive Use
Plan will be consistent with the Airport Priority Use designation.
8. Aesthetics
a. The Obstruction of any Public View or the Creation of an Aesthetically
Offensive Site. The wide open spaces of the airfield and the wetlands, in
addition to the views of the San Francisco Bay, provide a pleasant visual
environment. Numerous birds and animals inhabit the marshes and provide
interesting observation possibilities. In addition, there are a substantial number
of well-preserved buildings that date back to the original construction of
Moffett Field. Also, Moffett Field is the site of three extremely unique and
impressive structures known as Hangars 1, 2 and 3.
No substantial impacts on aesthetics will result from implementation of the
Comprehensive Use Plan. As shown in Figure 2; new and reused buildings will
be located adjacent to existing structures and not obstruct views. In addition,
important building and historic structures will be preserved by the
Comprehensive Use Plan. Any site-specific construction, modification or
demolition will require environmental review prior to implementation.
54
'
Claims No.94-09
MaeuinQ94-13
Date: May 11. 19R4
K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
|
5864 275.18 Noble Ford Tractor, Inc. Equipment Parts |
5865 75.00 Northern Energy Propane Fuel
� 5866 592.40 Pacific Bell Telephone Service
� 5867 100.00 Palo Alto Chamber Orchestra YNuoin-Vo|unteer Recognition Event
5868 72.57 Peninsula Blueprint 8|ue|inao
� 5869 796.83 Pine Cone Lumber Company, Inc. Fence Posts
5870 546.93 PIP Printing Printing
� 5871 350.00 Town cfPomo|mValley Retainer
� 5872 20.74 Precision Engravers, Inc. Brass Name Badges
�
� 5873 42976 Ouich9itverPhndng Printing--Business Cards
5874 72.69 PottyOuiUin Reimbursement--Printing
5875 133.89 Reynolds, Roux, Price&Ooaeo Legal Services /
!
5876 481.28 Rhua Ridge Homeowners Association Garbage,Road Maintenance and |
Insurance Fees
� .
5877 56.95 Rich's Tire Service Tire Repair
� 5878 3.74629 Rcy's Repair Service Vehicle Maintenance and Repairs
� 5879 139.80 S&VV Equipment Company Equipment Repairs
�
5880 6I00 Sacramento Area Ohopter--Amedoan Resource Material
Red Cross
5881 65.00 8afety0een Solvent Service
� 5882 222.85 Bendio Humber Jones Engineering Services
� 5883 1.765.12 Santa Clara County Sheriff's Patrol Service
Department
5884 1.360.00 E. R.Sheehan Trail Construction and Layout
� 5885 843.65 Shell Oil Company Fuel
5886 174.00 Skyline County Water District Water Service
5887 671.69 Smith Equipment Equipment Parts and Repairs
5888 558.61 Malcolm Smith Reimbursement--Conference Expense
and Private Vehicle Expense
5889 25OO R 9�on� Docent i� Ron ou� Training !
5890 3.25 Summit Uniforms Uniform Expense
5891 335.09 ThennmCorpomgion Heating and Air Conditioning
Maintenance
5892 130.48 TuhnunVVorko Field Supplies
5893 14.14 University Art Center Drafting Supplies
5894 46.63 Unocal Fuel
5895 1.533.33 Valley Oil Company Fuel
5896 251.61 Value Business Products Office Furnishings
� 5897 1.012.50 Beth VViefe|o/CoagAssociates Consulting Services
� 5888 24.00 WordPerfect Magazine Subscription
5899 54.55 Woodside Union Fuel
� 5900 434.56 Yardbind Equipment Sales Equipment and Supplies
�
�
'
Claims No@4-DR
Meeting 94-13
Date May11. 1994
� K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
� # Amount Name Description
58.4 "'"."" Aaron's Septic Service Sanitation Services
� 5815 220.84 Acme&Sons Sanitation Sanitation Services cao
� 5816 2.504.73 AOT Security Systems Security System Installation
� 5817 87.50 Randy Anderson Private Vehicle Expense
� 5818 458.00 Arcturus Land Surveying Surveying
� 5819 7.724.65 AT&T Telephone Installation-Ranger Yard
� 5820 399.03 Binhley/seociatem Consulting Engineers
� 5821 44.75 Black Mountain Spring Water Water Service
� 5822 375.75 Ca|MomimJournmJ Seminar ReQkstratipn-PSiemens
yN.Smith and O. Britton
�
5828 7.51 California Trail Days Trail Day Supplies
� 5824 63.52 California Water Service Company Water Service
5825 78.29 C|ark'o Auto Parts/Machine Shop Vehicle Parts
5826 195.11 Sheryl Cochran Private Vehicle
5827 78.80 Annette Coleman Reimbursement--Field Supplies
5828 31.39 Communications Research Radio Repairs
5828 52.73 Patrick Congdon Reimbursement--Field Supplies
5830 70.00 ToniCore||i Docent Training
5831 25.00 K8abe|Crbtendon Docent Training
5832 3.250.00 Dana Property Analysis Appraisal Services
5833 730.69 Design Concepts Brochure Materials and Printing
5834 3.692.00 Employment Development Department Unemployment Insurance Tax
5835 357.22 Fana||eCmmmunimgionm Radio
5836 177.00 Federal Parks and Recreation Subscription
5837 28.80 Film onFrame Photo Processing
5E08 219.29 David 8. Fisher Legal Services
5839 33.94 Foster Bma.8ocuritySystems Keys and Locks
5840 162.36 Fry'oE|ecunonice Computer Equipment
5841 90.87 Barden|end Power Equipment Field Supplies
5842 85.52 Leroy yN. Gimbal,Jr. Battery Reimbursement
5843 193.28 GoodcoPnaem Printing
5844 180.00 Gould Architects Professional Services �
5845 108.02 yNary8undort Private Vehicle Expense �
5846 400.00 Brett Hanson Bicycle Patrol Skills Training
5847 125.97 Hongeho|d Motor Company, Inc. Van Rental
5848 898.05 Interstate Traffic Control Signs �
5849 90.13 Keeb|e&8hucha1Photography Film Processing,Slides and Prints
�
5850 50419 Konica Business Machines Maintenance Agreement �
5851 41.50 Judy Law Reimbursement--Aerial Photograph
5852 110.34 Lexington Quarry Base Rock
� 5853 65.00 Los Altos Camera Equipment Repair
� 5854 1.535.42 Los Altos Garbage Cumpany OumpterRmmal
5855 3.313.82 BunkyyNmne Consulting Services
� 6856 223.00 YNcGmathRemCorp Skyline Ranger Office Rental
5857 375.85 K8|ruon'o Lumber&Supply Field Supplies
5858 51.36 Moffett Supply Company Office Supplies
5859 47.80 Monogram Sanitation Sanitation Services
5860 39.79 Mountain View Garden Center OononeteN1L<
5861 45.80 Linda Murdoch Docent Training
5862 45.00 Roger Myers Docent Training
5863 121.13 Na000 Field Supplies
Claims No.34-09 �
Meeting94-13
Date: May 11. 1894
REVISED �
KX!DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
5814 375.00 Aaron's Septic Service Sanitation Services
5815 220.84 Acme&Sons Sanitation Sanitation Services
5816 2.504.73 ADT Security Systems Security System Installation
5817 87.50 Randy Anderson Private Vehicle Expense
5818 458.00 Arcturus Land Surveying Surveying
� 5819 7.724.85 AT&T Telephone|mmaUation-RangerYard
� 5820 899.03 8ink|eyAouociatea Consulting Engineers �
�
� 5821 44.75 Black Mountain Spring Water Water Service
� 5822 375.75 California Journal Seminar Regkmration-P.Siemens
NY.Smith and C. Britton
� 5823 7.51 California Trail Days Trail Day Supplies
� 5824 63.52 California Water Service Company Water Service �
5825 78.29 Qark'e Auto Parts/Machine Shop Vehicle Parts
5826 195.11 Sheryl Cochran Private Vehicle
5827 78.80 Annette Coleman Reimbursement--Field Supplies
5828 31.39 Communications Research Radio Repairs
5829 52.73 Patrick Congdon Reimbursement--Field Supplies
5830 70.80 ToniConeUi Docent Training
�
� �
5831 25.00 K8obe|Crittendon Docent Training
5832 3.250.00 Dana Property Analysis Appraisal Services �
� 5823 730.69 Design Concepts Brochure Materials and Printing
� 5834 3.692.00 Employment Development Department Unemployment Insurance Tax
� 5835 357.22 FerreUeCommunioauiono Radio
5836 177.00 Federal Parks and Recreation Subscription
5837 28.90 Film toFrame Photo Processing
5838 219.20 David B. Fisher Legal Services
5839 33.94 Foster Bme.8eourhySystems Keys and Locks
� 5840 10I36 Fry'oBemronioa Computer Equipment
5841 90.87 8orden|end Power Equipment Field Supplies �
5842 65.52 Leroy KX.Gimbal,Jr. Battery Reimbursement �
5843 193.28 800douPreoa Printing �
5844 180.00 Gould Architects Professional Services �
5845 108.02 /Nary8undort Private Vehicle Expense
5846 400.00 Brett Hanson Bicycle Patrol Skills Training
5847 125.97 Hongeho|d Motor Company, Inc. Van Rental
5848 898.05 Interstate Traffic Control Signs
5849 80.13 Keeb|e&ShuchsuPhotography Film Processing,Slides and Prints
5850 504.13 Konica Business Machines Maintenance Agreement �
�
5851 41.50 Judy Law Reimbursement-Aerial Photograph �
5852 118.34 Lexington Quarry Base Rock
5853 65.00 Los Altos Camera Equipment Repair
5854 1.535.42 Los Altos Garbage Company Dumpta/Ronmd
5855 3.313.82 BuuhyyNace Consulting Services
5856 223.00 /NcGmathRoruOoqp Skyline Ranger Office Rental
5857 375.85 KHinuon'o Lumber&Supply Field Supplies
| 5858 51.36 Moffett Supply Company Office Supplies
5859 47.60 Monogram Sanitation Sanitation Services
5860 39.78 Mountain View Garden Center Concrete Mix
5861 45.00 Linda Murdoch Docent Training
5862 45.00 Roger Myers Docent Training
| 5863 121.13 Noaco Field Supplies
�
�
Claims No. J8
K8eetinA94-13
Date May 11. 19S4
REVISED
M|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
�
! 5864 275.19 Noble Ford Tractor, Inc. Equipment Parts
' 5885 75.00 Northern Energy Propane Fuel
5866 582.40 Pacific Bell Telephone Service
5867 100.00 Palo Alto Chamber Orchestra Music-Volunteer Recognition Event
5868 72.57 Peninsula Blueprint B|ue|ineu
5863 736.83 Pine Cone Lumber Company, Inc. Fence Posts
5870 546.93 PIP Printing Printing
5871 350.00 Town ofPortu|aValley Retainer
5872 20.74 Precision Engravers, Inc. Brass Name Badges
| 5873 429.76 []uiuhSikmrPMming Printing-Business Cards
�
/ 5874 72.60 Pmtty(]u|||in Reimbursement-Printing
. 5875 133.89 Reynolds, Roux, Price&Cemma Legal Services
5876 481.20 Rhua Ridge Homeowners Association Garbage, Road Maintenance and
Insurance Fees
5877 56.95 Rich's Tire Service Tire Repair
5878 3,746.29 Roy'o Repair Service Vehicle Maintenance and Repairs
5879 139.80 8&VV Equipment Company Equipment Repairs
5880 60.00 Sacramento Area Che[top-Amohcon Resource Material
Red Cross
5881 65.00 8afetyhJeen Solvent Service
5882 222.85 8mndis Humber Jones Engineering Services
} 5883 1.765.12 Santa Clara County Sheriff o Patrol Service
` Department
|
| 5884 1.36000 ER.Sheehan Trail Construction ondLaynut
5885 243.65 Shell Oil Company Fuel
5886 174.00 Skyline County Water District Water Service
5887 671.69 Smith Equipment Equipment Parts and Repairs
5888 558.61 K4e|co|mSmbh Reimbursement-Conference Expense
and Private Vehicle Expense
5888 25.00 RonEtonz Docent Training
5890 3.25 Summit Uniforms Uniform Expense
5881 335.09 ThermaOoqpomuion Heating and Air Conditioning
Maintenance
5892 130.48 Tuftnu¢VVorhu Field Supplies
5893 14.14 University Art Canter Drafting Supplies
| 5894 46.63 Unocal Fuel
! 5895 1.533.33 Valley Oil Company Fuel
/ 5896 251.61 Value Business Products Office Furnishings
5897 1.012.50 Beth VViefebs/CoastAssociates Consulting Services
5898 [N.00 WordPerfect Magazine Subscription
5883 54.55 Woodside Union Fuel
5900 434.56 Yendbird Equipment Sales Equipment and Supplies
5901 11.00 ° Secretary ofState Audit Filing Fee
5902 409.38 Petty Cash Resource Documents,Film and �
Developing, Local and C)ut-of-Town
Meeting Expenses, Field and Office
�
Expense,and Volunteer
. �
�
*Urgent check issued on May 1[\ 13B4
�
� �
Claims No.-*-09 �
� . K4eeuing94-13
Date: May11. 1994
� REVISED
�
� MUDPBN|NGULA REGIONAL OPEN SPACE DISTRICT �
|
# Amount Name Description
5814 375.00 Aaron's Septic Service Sanitation Services
� 5815 220.84 Acme&Sons Sanitation Sanitation Services
� 5818 2,50473 AOT Security Systems Security System Installation !
5$17 87.50 Randy Anderson Private Vehicle Expense
5818 458.00 Arcturus Land Surveying Surveying
5819 7.724.65 AT&T Telephone Installation-Ranger Yard
5820 399.03 Bink|ay/4m*ociates Consulting Engineers |
5021 44.75 Black Mountain Spring Water Water Service
5822 375.75 California Journal Seminar Ragis*oation-P. Siemens
M. Smith and O. Britton
5823 7.51 California Trail Days Trail Day Supplies �
�
5824 63.52 California Water Service Company Water Service
5825 78.29 C|ar 'm Auto Parts/Machine Shop Vehicle Parts
5826 195.11 Sheryl Cochran Private Vehicle
� 5827 78.80 Annette Coleman Reimbursement-Field Supplies �
5828 31.38 Communications Research Radio Repairs �
5829 52.73 Patrick Congdon Reimbursement-Field Supplies
� 5830 70.00 ToniComo||i Docent Training
5831 25.00 /Nabo|C/ittendon Docent Training
�
� 5832 3.250.00 Dana Property Analysis Appraisal Services
5833 730.69 Design Concepts Brochure Materials and Printing
�
5834 3.89�OO Emp|oymem Development Department Unemployment Insurance Tax
� 5835 357�22 Farm||eComnmunicadona Radio
�
� 5838 177.00 Federal Parks and Recreation Subscription
5837 28.90 Film toFrame Photo Processing
5838� 219.29 DavidB. Fisher Legal Services
5839 33.94 Foster B,00.SeouritySystems Keys and Locks
5840 162.36 F,y'aBectvoniom Computer Equipment
5841 90.87 8arden|omd Power Equipment Field Supplies
5842 65.52 Leroy k4. Gimbal,Jr. Battery Reimbursement
5043 193.23 SoodnoProem Printing
5E44 180.00 Gould Architects Professional Services
5845 108.02 MeyGundert Private Vehicle Expense
5846 400.00 Brett Hanson Bicycle Patrol Skills Training
5847 125.87 Mongeho|d Motor Company, Inc. Van Rental
5848 898.05 Interstate Traffic Control Signs
5849 38.13 Koeb|e&ShuuhatPhotography Film Processing,Slides �
. �
5850 504.18 Konica Business Machines Maintenance Agreement �
5851 41.50 Judy Law Reimbursement-Aerial Photograph
�
| 5852 110.34 Lexington Quarry Base Rock
5853 65.00 Los Altos Camera Equipment Repair
5354 1.535.42 Los Altos Garbage Company DumpterRmruad �
S8SG 3.313.82 Buuky /maoo Consulting Services
| 5056 223.00 k8u8sathRondCoqp Skyline Ranger Office Rental �
�
5857 375.85 k8inton's Lumber&Supply Field Supplies �
� 5858 51.96 Moffett Supply Company Office Supplies
6858 47.60 Monogram Sanitation Sanitation Services
i 5860 39.79 Mountain View Garden Center Concrete Mix
/
5861 45.00 Linda Murdoch Docent Training
� 5862 45.00 Roger Myers Docent Training �
5863 121.13 Nesco Field Supplies
�