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Home My Public Portal About19950426 - Agendas Packet - Board of Directors (BOD) - 95-09 Open Space 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-09 I REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS AGENDA* i' 7:00 P.M. 330 Distel Circle Wednesday Los Altos, California April 26, 1995 (7:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 7:00 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Board Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel - Anticipated Litigation - Government Code Section 549569(c) Initiation of Litigation - Picchetti Winery Lease (7:30) ** ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF THE DAY Resolution Honoring Lennie Roberts ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- G. Babbitt *** APPROVAL OF MINUTES April 12, 1995 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Introduction of New Docent Coordinator and 1995 Spring Docent Training Class -- J. Escobar (8:00) 2. Determination Whether to Fill. Ward 4 Vacancy by Appointment or by Election Process -- P. Siemens 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:41 5-691-1200 » FAX:415-691-0485 - E-mail: mros(Wnetcom.com Soarctof Directors Pete Siemens,Mary C. Davey, teeny f ienshaw,Ginny Babbitt,Nonette Iianko,Betsy Crowder,Wim de Wit Genoml Niareager.l.Craig Britton Meeting 95-09 Page two (8:20) 3. Authorization to Provide a Pit Toilet at Russian Ridge Open Space Preserve -- M. Gundert (8:25) 4. Authorization to Contract with Platypus Studio of Los Angeles for Not to Exceed $19,900 to Fabricate and Install Exhibits for the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve -- M. Gundert (8:30) 5. Presentation and Demonstration of Geographic Information System (GIS) Data and Research -- R. Anderson 6. Authorization to Execute One-Year Ranch and Grazing Lease with William D. McDonald for Portion of La Honda Creek Open Space Preserve -- M. Williams 7. Retroactive Approval of $680 Claim Against District for Replacement of Bicycle -- J. Fiddes (9:00) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) 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. 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 may request under oral communications that an item be removed from the consent calendar. Claims No. 05-08 i &8aeUngQ5-0Q � Date: April JO. pS5 � REVISED � MIDPENINGULA REGIONAL OPEN SPACE DISTRICT Name Description 7549 275.00 Aaron's Septic Tank Service Sanitation Service 7550 445.84 Acme & Sons Sanitation Sanitation Service | 7551 362.76 AT &T Telephone Service / 7552 250.00 Bay Area Bobcat Class Rogistndion-S. Covanobios 7553 f 58.98- Beck's Shoes Inc. Uniform Expense ]I6'OO 7554 54.74 Bishop Company Safety Supplies 7555 3'500.00 Bo|ey Consulting Engineers Engineering Service � 7558 475.00 Louis Burdi Grading Service � 7557 828.48 Breon, O'Donne||,Miller a1m| Legal Services 7558 55.00 California Park fk Recreation Society Advertising 7559 576.01 BTK & ORedvvood Office Supplies 7560 227.54 California Water Service Company Water Service 7561 270.00 °1 CAP|O Reimbursement--Registration and Membership Dues-K8.Srnith 7662 45.00 K8aba| Crittendon Docent Training 7563 140.00 Cupertino Chamber ofCommerce Membership 7564 65.00 Decatur Electronics, Inc. Service Radar Unit � 7585 1.799.65 Design Concepts Design Production Projects 7586 1.050.00 Enxhe||ahDeve|opnmentm. Inc. Consulting Services � 7567 14.00 Federal Express Mailing Expense 7568 62.16 JeanFiddem Private Vehicle Expense 7569 149.431.39 Flinn, Gray& Hertadoh 1995-1996 |nmuronce � 7570 43.10 G & K Services Shop Towel Service � 7571 72.54 Gibson Studio Prints � � 7572 141.60 Goodco Press Incorporated Printing � 7573 45.00 Keith Guittarrez Docent Training � 7574 228.42 Honeywell Inc. Burglar Alarm 7575 105.00 Linda Hyman Reimburmemmnt-Firmt Responder Class � 7578 55.77 HyuterSa|au Company Vehicle Equipment � 7577 57.88 Ed Jones Uniform Expense � � 7578 800.08 0Unoy Pest Control, Inc. Pesticide Service � 7579 652.72 Lanier\Aoddwidm. Inc. Office Supplies � 7580 238.13 McGnathRentCorp Skyline Office Rental � | 7581 904.29 M*troK0obi|eConnrnunicationm Radio Repair and Parts � � 7582 62.60 Micro Biu-Medics Inc. First Aid Supplies � 7583 134.77 Moffett Supply Company Sanitation Supplies 7584 2.341.70 Murray & Murray Legal Services � 7585 45.00 Roger Myers Docent Training 7586 1.231.01 Navarone Industries, Inc. Additional Charges-Mass Mailing of | Visitor Maps � 7587 75.00 Northern Energy Tank Rental 7588 941.38 Pacific Bell Telephone Service 7589 139OO Padgett �ern|narR��istnmU�m-C>. [)o|on . � 7590 63.03 Peninsula B|uooMrd K8epa | 7591 80.99 Pi|ancitom[3uarry Baserook °1 Urgent Check Issued April 14, 1895 � Page 1 Claims 95-08 Meeting 95-09 Date: April 26, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7592 267.33 PIP Printing Brochures 7593 29.11 Precision Engravers, Inc. Field Supplies 7594 32.50 Rayne Water Conditioning Water Service 7595 41.81 Reed & Graham, Inc. Road Patch 7596 488.29 Rhus Ridge Road Associates Garbage and Road Maintenance Fees 7597 2,243.24 Roy's Repair Service Vehicle Service and Repair 7598 1,043.59 Russ Enterprises, Inc. Signs 7599 167.03 Safety-Kleen Corp. Solvent Tank Service 7600 117.00 San Francisco Newspaper Agency Subscription 7601 104.00 David Sanguinetti Reimbursement—Field Supplies 7602 255.00 Santa Clara County Department of Fuel Tank Storage Permit Environmental Health 7603 7,337.88 Seafirst Bank Note Paying Agent Fees 7604 3,800.00 E.R. Sheehan Trail Construction 7605 382.30 John Shefton, Inc. Field Supplies 7606 680.00 *2 Hans Siem Bicycle Replacement 7607 63.75 Skyline County Water District Water Service 7608 42.50 Malcolm Smith Reimbursement--Professional Dues 7609 25.26 Stevens Creek Quarry Baserock 7610 146.60 The Stove Works Chimney Repair 7611 i 8i .89 Teater & Etc. Maps 777.52 7612 1,310.00 U.S. Rentals Equipment Rental 7613 232.00 *3 Wesco Shoe Company Uniform Expense 7614 277.50 Whitmore, Johnson & Bolanos Legal Services 7615 27.00 Woodside Union 76 Fuel 7616 52,661.79 Universal Printing Company District Visitor Maps 7617 170.82 Yardbird Equipment Sales Equipment Repair 7618 164.25 *4 4-Wheel Parts Wholesalers Vehicle Part 7619 100.00 Los Altos Chamber of Commerce Fact Sheet Inserts 7620 85.00 Timespan International, Inc. Computer Software 7621 222.44 Petty Cash Local Meeting Expense, Field and Office Supplies, Film and Developing, Docent and Volunteer Expense *2 Urgent Check Issued April 14,1995. *3 Urgent Check Issued April 14,1995. *4 Urgent Check Issued April 17,1995. Page 2 Open Space -------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REsmuTzoNNo. 95-1 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING LENNIE ROBERTS AS CONSER VA TIONIST OF THE YEAR WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District recognizes that grass-roots" activism and involvement is of great value and importance to the preservation of the environment; and WHEREAS, Lenore Roberts, better known as Lennie to us all, has taken grass-roots environmental activism to new heights of success since 1968 through her work with the Committee for Green Foothills, her efforts to save the San Mateo County coastline, and her struggles to save the forests and open space of our communities; and WHEREAS, Lennie Roberts was not only one of the original founders of the Midpeninsula Regional Open Space District in Santa Clara County in 1972, but also spearheaded the extension of the District into San Mateo County in 1976; and WHEREAS,for the last 27 years, Lennie Roberts has proven to be the most effective environmental activist known in the area, evidenced by her work with the Committee for Green Foothills and the Yosemite Association and Fund, her continued advice and assistance to the Open Space District, her leadership in the Peninsula Conservation Center, her work formulating the San Mateo Coastal Plan, her campaigns to protect Devil's Slide and the San Mateo coastline, and her involvement in People for Open Space and the Greenbelt Alliance; and WHEREAS, Lennie Roberts was recently, and most appropriately, named "Conservationist of the Year by the Peninsula Conservation Center. Now, THEREFORE, BE IT REsoL vED that the Board of Directors of the Midpeninsula Regional Open Space District commend and honor Lennie Roberts for her tireless efforts on behalf of the environment,for her commitment and dedication to preserving the mountains, coastline, and baylands for future generations,for her steadfast support of the Open Space District and its objectives, and congratulate her for being named the "Conservationist of the Year, an honor which, in our minds and hearts, she has unofficially held for the last 27 years. Adopted by the Board of Directors, April 26, 1995 F_ "pen Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-08 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS April 12, 1995 MINUTES I. ROLL CALL President Pete Siemens called the Special Meeting to order at 7:03 P.M. Members Present: Pete Siemens, Betsy Crowder, Nonette Hanko, Ginny Babbitt, Mary Davey, and Wim de Wit. Members Absent: Teena Henshaw. Personnel Present: Craig Britton, Jean Fiddes, and Sue Schectman. 11. CLOSED SESSION P. Siemens stated that the Board would be meeting in Closed Session for the purpose of discussing Special Meeting agenda item numbers one and two. The Board recessed to the Closed Session Special Meeting at 7:05 P.M. At 7:35 P.M., P. Siemens recessed the Special Meeting Closed Session. P. Siemens called the Regular Meeting to order at 7:37 P.M. and announced that the Board had been meeting in Closed Session to discuss Special Meeting agenda items numbers one and two and that the Board will continue the Closed Session at the end of the Regular Meeting. Additional Personnel Present: Malcolm Smith, Randy Anderson, and John Escobar. III. ORAL COMMUNICATIONS There were no oral communications. IV. SPECIAL ORDER OF THE DAY C. Britton noted that Save-the-Redwoods League, under Mr. DeWitt's leadership, had contributed $2 million to help acquire the Purisima Creek Redwoods Open Space Preserve. P. Siemens suggested sending a picture of the preserve to Mr. DeWitt, if he wished, along with the resolution. 330 Distel Circle a Los Altos,CA 94022-1404 9 Phone:415-691-1200 * FAX:415-691-0485 & E-mail: mrosd(&netcom.com Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 95-08 Page 2 Motion: G. Babbitt moved that the Board adopt Resolution 95-12, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring John DeWitt, Executive Director of the Save-the- Redwoods League. N. Hanko seconded the motion. The motion passed 6 to 0. V. ADOPTION OF AGENDA Motion: G. Babbitt moved that the Board adopt the agenda. B. Crowder seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR P. Siemens requested the written communication response to Clyde H. Spencer, 2141 Muirwood Court, San Jose, and Director Babbitt's written communication be removed from the consent calendar. N. Hanko requested that agenda item number 5, Request for Natural Disaster Assistance Act Repair Funding for January and March Winter Storm Damage on District Lands, be removed from the consent calendar. Motion: W. de Wit moved that the Board adopt the consent calendar as amended including: the written communication response to Michael D. Couch, 253 Martens Avenue, Mountain View; approval of minutes dated March 15, 1995 and March 22, 1995; agenda item number 4, Contract Agreement with the State of California, Department of Forestry and Fire Protection to Use State Licensed Radio Frequencies for Mutual Aid Incidents and Training; and revised claims 95-07. G. Babbitt seconded the motion. The motion passed 6 to 0. VII. WRITTEN COMMUNICATIONS P. Siemens requested that staff change the awkward wording ("current access allowed evolved") in the second paragraph of the proposed response to Mr. Spencer. P. Siemens stated that the Board regretfully accepted G. Babbitt's resignation from the Board of Directors. C. Britton stated that a report to the Board on options for filling the Ward 4 vacancy would be presented to the Board at their next regular meeting. Motion: P. Siemens moved that the Board approve the written communications as amended. B. Crowder seconded the motion. The motion passed 6 to 0. r Meeting 95-08 Page 3 VIII. BOARD BUSINESS A. Agenda Item 1 - Informational Report on Legal and Tax Implications of Donating; Board Members' Declined Compensation to District (Report R-95- 5 N. Hanko reviewed how the program to accommodate directors who wish to donate all or a portion of their monthly compensation to the District evolved. C. Britton explained how the program of declined compensation would work, noting directors needed to give written notice of their intentions and could change their directions as often as monthly. Legal counsel S. Schectman emphasized that the directions should be to the general manager in writing and must be submitted in advance of meetings. N. Hanko requested that the r manager report at the end of the year the amount of declined general g po y h District.h resulting vin had been used b the st ct. and how thesavings compensation g y B. Agenda Item 2 - Authorization to Execute Contract with Enshallah Developments, Inc for Phase Two of Sale of Surplus Property at Teague Hill Qpen mace Preserve and Authorization to Expend Up to $25 000 for Phase Two (Report R-95-53) R. Anderson reviewed the staff report, updating the Board on the status of the Teague Hill project and noting the proposed addendum to the contract with Enshallah Developments, Inc. included $20,000 for their services and a maximum $5,000 expenditure for engineering services and application filing fees. He introduced Geraldine Steinberg and Tom Shannon from Enshallah Developments, Inc. G. Steinberg discussed three issues Enshallah had addressed in Phase One: the number of historic lots; attaining certificates of compliance; and working on a lot line adjustment on an administrative basis. Ms. Steinberg stated she anticipated Phase Two of the project to take four months. W. de Wit reported that Mr. Robert Zatkin had questioned him about the stability of the site. G. Steinberg responded that stability would probably be reviewed before the development process was completed. C. Britton added that when the sale of the property was presented to the Board for a final decision, staff would also provide information about flora and fauna on the site, a concern that had also been raised by Mr. Zatkin. Motion: N. Hanko moved that the Board authorize the general manager to execute the addendum to the contract with Enshallah Developments, Inc. to continue to assist and represent the District in its dealings with the Town of Woodside to secure the necessary approvals to proceed with the sale of the surplus property at Teague Hill Open Space Preserve and approve a maximum $20,000 budget expenditure for Phase Two of Enshallah's services and a maximum $5,000 budget expenditure for engineering services and application filing fees for a total K Meeting 95-08 Page 4 additional authorization of $25,000. B. Crowder seconded the I motion. The motion passed 6 to 0. C. Agenda Item 3 - Authorization to Transfer 20-Acre La Point Scenic Easement to Santa Clara County Open Space Authority (Report R-95-54) Motion: N. Hanko moved that the Board adopt Resolution 95-13, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of a Scenic Easement Transfer Agreement, Authorizing Officer to Execute a Quitclaim Deed for the Scenic Easement Being Transferred, Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Sierra Azul Open Space Preserve - Summit Road Area - Lands of La Point). B. Crowder seconded the motion. The motion passed 6 to 0. D. Agenda Item 5 - Request for Natural Disaster Assistance Act Repair Funding for January and March Winter Storm Damage on District Lands (Report R-95- 5 Hanko k f N. an o asked i a specific amount of grant funds were being re ue ted from FEMA. C. Britton responded that FEMA had encouraged the District to include all possible projects, that engineers' estimates will be submitted for each project, and that staff time for storm- related repair work will also be g eligible for rant funds. g Motion: N. Hank moved that h B - 4 ote Board adopt Resolution 95 1 a P Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Designating Applicant's Agent for January 1995 - Federal Disaster Number FEMA-1044-DR and Resolution 95-15, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Designating Applicant's Agent for March 1995 - Federal Disaster Number FEMA-1046-DR. G. Babbitt seconded the motion. The motion passed 6 to 0. IX. INFORMATIONAL REPORTS C. Britton reported: 1) on various events members of the Board and staff would be participating in on April 29; 2) on his ranger ride-along in the Skyline and Foothills area; 3) that he had met with Patrick Sanchez to finalize the agenda for the May 4 joint meeting of the Board and the San Mateo County Parks and Recreation Commissioners; 4) that he, M. Smith, and J. Escobar will be in Sacramento on April 19 for the first committee hearing on AB 700; 5) that he and Directors Hanko, Crowder, and de Wit will be meeting with San Mateo County Supervisor Ted Lempert on the proposed San Mateo County Funding Measure; and 5) on the first steering committee meeting of the San Mateo County Alternative Funding Committee that will be held on May 12. i Meeting 95-08 Page 5 N. Hanko reminded the Board that the Board's docent-volunteer recognition event was scheduled for May 21, noted that the Legislative, Finance and Public Affairs Committee would be meeting to discuss the event, and asked Board members for donations for the event. B. Crowder reported that the San Mateo County Trails Advisory Committee has presented the revised trails plan to the San Mateo County Parks and Recreation Commission on April 6 and that the Commission had continued the item to May 4 to allow for public comment. P. Siemens reported that he, C. Britton, and J. Fiddes had attended the annual meeting of the Santa Clara County Special Districts Association. He said that the District had arranged for Ralph Heim to be the guest speaker and that he had the opportunity to meet new Santa Clara County Supervisor Blanca Alvarado. He reported on Santa Clara County's trail plan work, noting there has been some opposition from landowners and that there will be four public hearings. W. de Wit reported on the May 12 steering committee meeting for the San Mateo County Alternative Funding Measure. R. Anderson reported that there will be a neighborhood meeting with the Portola Heights residents on April 25; Directors Siemens, Hanko, and Crowder will attend. J. Escobar reported on the April 29 El Corte de Madera trail project, a solo bicycle accident on April 2, and the first injury-fall at Devil's Canyon. M. Smith reported that the first batch of the new visitors map had arrived and the mailing process had begun. S. Schectman reported on legal issues that will be key to the San Mateo County Alternative Funding Measure, noting that she is willing to work with San Mateo County Counsel Tom Casey on the legal aspects of the measure. X. CLOSED SESSION (Continued) P. Siemens stated that the Board would return to Closed Session for the purpose of discussing Special Meeting agenda item number two. The Board recessed to Closed Session at 8:40. XI. ADJOURNMENT The meeting was adjourned at 9:14 P.M. Jean Fiddes District Clerk ~ Claims No. 95-07 ^ Meeting 95-08 Date: April 12. 1Q85 Revised K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Name Description 7414 141 .75 ADT Security Systems, West. Inc. Burgular Alarm Service 7415 365.00 °1 Advanced Management Institute Training and Seminar 7416 195.00 Advanced Management Institute Training 7417 80.00 American Red Cross Instructor Update Course 7418 118.66 Arno' Sign and Decal Co, Inc. Dnoa|o For Field Vehicles 7418 137.20 ArteohLmminating Laminating Services 7420 830.06 ATQT Telephone Service � 7421 216.67 Bancroft-Whitney Real Estate Support � 7422 907.75 Baron Welding & Iron Works, Inc. Welding Service 7423 100.00 Bay Area Ridge Trail Council Membership � � 7424 71 .56 Craig Beckman Reimbursement--Uniform Expense � 7435 120.00 Beck's Shoes, Inc. Uniform Expense � 7426 358.1 Best Sanitation Sanitation Service7427 � � 80.00 BiU'aTovving Q^ Recovery Towing Services � 7428 932.14 Bishop Company Safety Supplies � 7429 785.00 Diane Blackman Reim buronnnent--C|asses 7430 32.25 Black Mountain Spring Water Water 3en/ino 7431 780.83 BTK & DRedwood Office Supplies � 7432 1'045.00 LouieBordi Grading Services � 7433 130.00 California Park & Recreation Society' Inc. Professional Dues--C. Britton � 7434 40.00 Camino Medical Group Medina! Services � 7435 150J0 C|arh'n Auto Parts & Machine Shop, Inc. Vehicle Parts 7436 65.00 Community School 0f Music And Arts Film 7437 55.00 Corporate Environments, Inc. Office Furniture7438 � � 11.48 Crest Copies, Inc. Xeroxing 7439 656.64 Alice Cummings Reim buruennant-Office Supplies and � Private Vehicle Expense 7441 6'370.51 Dailey Body Company Vehicle Equipment 7442 50.00 Chris Di Leonardo Docent Training � 7443 4.737.50 EnmhaUah Developments, Inc. Consulting Services 7444 120.19 John Escobar Reimbursement-Film 7445 60.00 JeonFiddao Reimbursement-Business Meeting 7446 305.00 First American Title Chain of Title Guarantee 7447 33.89 Foster Brothers Security Symbern*. Inc. Keys 7448 20.45 G & KServices Shop Towel Service 7449 1.829.00 Bob Garcia ConstructionGerovicas 7450 688.70 Gonden|ond Center Inc. Field Equipment 7451 79.40 G| Trucking Company Freight 7452 550.00 Goldfus Enterprises, Ink. Consu|Ung-Kid's Art of Open Space 7453 480.98 Goodco Press Incorporated NCR Forms 7454 71.00 K8mryGundert Private Vehicle Expense 7455 97.43 Sharon Hall Photography Photos 7456 1.289.77 Virg Harkins Sign Company Signs 7457 25.00 C|aheHoUenbeoh Docent Training 7458 308.86 Home Depot Field Supplies 7459 218.00 Honeywell Inc. Burglar Alarm °1 Urgent Check |aouad April 1' 1995 Page 1 � C|oknsSS-D7 K8eetngQ5-O8 n�n Date: April 12. 1QQ5 Revised K8|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT 7460 173.20 Hytek Communications, Inc. Radio Repairs 7461 21.48 Ke*b|a & GhuchatPhotography Film and Developing 7462 158.86 Matt Ken Reimbursement--Field Supplies 7463 376.00 Kuya Productivity Center Seminar Registration 7404 25.00 David Koffman Docent Training 7465 100.60 JohnKmwo|eeki Reimbursement--Field Supplies 7466 36187 Lab Safety Supply Inc. Barricades 7467 240.48 Langley Hill Quarry Boeanook 7468 1'488.98 Lanier Worldwide Inc. Office Supplies � 7468 341.64 Judy Law Reimbursement--Office/Field Supplies, � Building Permit and Private Vehicle � Expense � 7470 255.00 League of California Cities Conference Registration—8. Scheotmon 7471 1'130.00 Bad Levinson Training 7472 80.00 Los Altos Chamber ofCommerce Membership � 7473 529.44 Los Altos Garbage DunnpoterR*nte| � 7474 1O1�25 �sGa�sChamber ofComme�e Membership � � 7476 596/K0 MmminA` Mace Consulting Services 7476 400.00 Kevin MacKay Resource Internship � 7477 12223 Brian Malone Reim buroernent--UnifonnExpense � � 7478 113.00 Menlo Park Chamber ofCommerce Membership � 7478 160.00 K8edno Mobile Communications Radio Repairs � 7480 700.00 Michigan State University Low Enforcement Training � 7481 560.00 Micro Accounting Solutions Consulting--Computer Services � 7482 38.82 Milpitas W4ovverm. Inc.no Field Equipment � � 7483 208.80 Ken Miller Reimbursement--Conference Expense � 7484 2'481.88 K8i|aboneGeobaohnioo| Consulting Services � 7485 877.13 Minton'o Lumber Q' Supply Field Supplies � 7486 13726 MuffatSuppk/ Sanitation Supplies 7487 3.200.85 Monogram Sanitation Sanitation System 7488 252.91 Moore Medical Group First Aid Supplies 7488 100.00 Mountain View Chamber ofCommerce Membership 7480 298,46 Mountain View Garden Center Landscaping Cobble Stones 7491 78.00 National Seminars Group Conhananoo 7482 81.87 Novarone Industries, Inc. Spring Newsletter--Postage and Handling 7483 19.50 Netcorn Monthly Service 7494 70.21 Northern Energy Fuel 7495 1.561.81 Orchard Supply Hardware Field Supplies 7495 319.76 Pacific Bell Telephone Service 7497 290.00 Padgett Thompson Registration-Gerninor 7498 100.00 Palo Alto Chamber ofCommerce Membership 7488 318.80 Peninsula Blueprint, Inc. B|uaiinePhnhs 7500 1.560.00 Peter Petri Consulting Services 7501 91.12 Pi|eroitomClueny Bosenooh 7502 74.81 Pine Cone Lumber Co., Inc. Lumber 7503 1.250.02 PIP Printing Print Work-Hikes and Walks 7504 460.81 Pitney Bowes Credit Corporation Postage Mach ina-Equipmnent 7505 3.146.57 Podo|o Park Heights Property Owners Road Repair Association Page ` Claims No. B5-07 � Meeting No. Q5'O8 Date: April 12.1Q85 �~ Revised Midpeninsula Regional Open Space District 7506 99.50 Fred Pryor Seminars Video Tape 7507 296.70 Rabbit Copiers, Inc. Copier Maintenance 7508 170.00 °2 Round Table Pizza Staff Event 7508 40.90 Royal Brass Inc. Field Equipment 7510 928.04 Roy'o Repair Service Vehicle Service and Repair 7511 432.57 Russ Enterprises, Inc. Field Equipment 7512 31.02 S &VV Equipment Company Field Equipment Repair 7513 68.25 Safety-K|eenCorporodon Solvent Tank Service 7514 152.00 San Carlos Chamber ofCommerce Membership 7515 122.85 DavidGan0uinetb Reim bureennent--Fie)dEquipment 7516 100.00 Saratoga Chamber ofCommerce Membership 7517 22.17 Sears Field Equipment Repair 7518 5.080.00 E.R. Sheehan Trail Construction 7519 198.75 Shell Oil Company Fuel � 7520 1.068.21 John Shelton, Inc. Drainage Culverts 7521 2.681.59 Sierra Digital Software and Subochpdon-K8aintonance � Plus Up-grades 7522 1.694.72 Signs {]f The Times Signs 7523 15.17 Sky|ondeFue| Fuel � 7524 25.80 Skyline County Water District Water Service 7525 111.93 Smith Equipment Field Equipment Repair � 7526 18.00 °3 Sonoma County Public Health Medical 8en/ioea 7527 2.853.07 Stevens Creek Quarry Inc. Boeerook � 7528 80.00 Sunnyvale Chamber ofCommerce Membership 7529 1.081.50 Target Herbicides 7530 2.708.27 Teabar& Etc. Graphics Consulting, Brochures and Maps 7531 583.32 TherrnaCorp. Difueeer and Damper Installation 7532 2.731.62 Touchatt Trucking Bomenock and Delivery 7533 452.44 TrensComCorponetion Vehicle Equipment 7534 876.35 VVajex-Pacific Fins Equipment Fire Tools 7535 45.47 West Coast ReborCompany Field Supplies 7636 560.00 West Valley-Mission Community Training College District 7537 130.00 Wilderness Graphics, Inc. Brochure Rack 7638 129.00 Michael Williams Private Vehicle Expense 7538 24.00 Word Perfect Subscription Renewal 7540 11.45 YandbindEquipnnant Sales Equipment Repair 7541 365.77 Joan Young Reimbursement--Conference, Field Supplies/ Private Vehicle Expense 7542 220.00 Film ToFrame Photographs 7543 40.95 °4 Florentines Restaurant and Pasta Market Local Meeting Expense 7644 434.34 Town of Los Gatos Permit Fee 7545 825.00 Quality Asbestos Control, Inc. Asbestos Removal 7646 1.517.78 Tomlinson ZiskoyWonoeo|i & Maser Legal Services °2 Urgent Check Issued March 30. 1995 °3 Urgent Check Issued K8ovoh 31. 1985 °4 Urgent Check Issued April 12, 1095 Page Claims No. 95-07 Meeting No. 95-08 Date: April 12,1995 Revised Midpeninsula Regional Open Space District 7547 600.00 Town of Woodside Permit Fee 7548 445.98 Petty Cash Local and Out of Town Meeting Expenses, Field and Office Supplies, Delivery Expenses, Film and Developing, Docent and Volunteer Expense and Private Vehicle Expense. Page 4 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-56 Meeting 95-09 April 26, 1995 AGENDA ITEM Introduction of 1995 Spring Docent Training Class GENERAL MANAGER'S RECOMMENDATION Welcome the spring 1995 docent training class. DISCUSSION The 1995 spring training session for docents is well underway. Thirteen docents-in-training will have finished about 60 hours of classroom study and field exploration by May 13. These docents will "graduate" at the "Cheers for Volunteers" recognition event May 21. Staff, docents, and specialists with expertise in natural history interpretation have conducted the training classes. Docents-in-training have learned about the District and its efforts to preserve open space. They have also been introduced to basic ecology, common plant communities, wildlife, geology, Native American cultural history, wildflowers, and pond ecology. The 1995 spring training schedule is attached. The next training course will be offered this fall, and will focus on environmental education for school children at Skyline Ridge Open Space Preserve. As part of the spring training, the class will attend your April 26 Board meeting to observe the public meeting process and to be introduced to you. We welcome the following people to the docent program: Mike Alexander, Menlo Park Bernie Larkin, Saratoga Susan Bass, Palo Alto Rebecca Pickart, Menlo Park Harry Cornbleet, Saratoga Mary Van Tamelen, Los Altos Hills Anne Curran, Palo Alto Foster Thompson, Woodside Pat Freeman, San Mateo David Weber, Stanford Patrick Haueter, San Mateo Charlie Whitfield, Stanford James Kiehl, Palo Alto Prepared by: Carleen Bruins, Visitor Services Supervisor Contact person: Cheryl Solomon, Docent Coordinator 330 Distel Circle - Los Altos, CA 94022-1404 ^ Phone:415-691 1200 - F'AX:415-091-0485 - E-mail:mroscl netcom.com � Board of 17rre(tors.Pete Siemens,Mary C.Davey,Teena Renshaw,Ginny E3abbitt,Nonette Ranko,t3etsy Crowder,Wim de Wit (Wncwl Manager:L.Craig Britton SPI :, DOCENT TRAINING SCHEDi. March 14 - May 13, 1995 Tuesday evening sessions will be held at the District office. Saturday field trips will convene at the preserve, or in the park-and-ride lot at the intersection of Page Mill Road and I-280 to car pool. In addition to these readings and events, you are encouraged to attend as many of the public docent-led walks advertised in the Hikes and Walks as possible. Required readings should be completed prior to the instructor's presentation. Tuesday, March 14, 7 pm - 9 pm Orientation to the Docent Program Instructors: MROSD staff Saturday, March 18, 10 am - 2:30 pm Basic Ecological Conceits Field Session (10 am - 12 noon) Instructor: MROSD staff Aquatic Field Session (12:30 pm - 2:30 pm) Instructor: Cindy Gateno, Naturalist, Sunol Regional Wilderness Meeting place: David Daniels Nature Center, park at the Russian Ridge parking lot. To car pool, meet at the Page Mill park-and-ride lot at 9:30 am. Tuesday, March 21, 7 pm - 9:30 pm Biotic Communities (Required Reading: An Island Called California) Instructor: Diane West-Bourke, Naturalist, Rancho del Oso Saturday, March 25, 9 am - 12 noon Signs of Wildlife Field Session Instructor: Ira Bletz, Supervising Naturalist, Ardenwood Regional Park Meetinglace: Car l will leave the Page Mill ark-and-ride lot at 8:30 am. P P� g P Tuesday, March 28, 7 pm - 9:30 pm Introduction to Interpretive Techniques Instructor: MROSD staff Saturday, April 1, 10 am - 2:30 pm Biotic Communities Field Session Instructor: Clarie Hollenbeck, MROSD docent Meeting place: Russian Ridge parking area. To car pool meet at the Page Mill park and ride lot at 9:30 am. Tuesday, April 4, 7 pm - 9:30 pm Leading Evening Hikes Field Session Instructor: David Koffman, MROSD docent Meeting place: Picchetti Ranch parking lot Saturday, April 8, 10 am - 2:30 pm No Class (Rescheduled to Saturday, June 3) Tuesday, April 11, 7 pm - 9:30 pm Introduction to the Geology of Earthquakes (Required Reading: Assembling California) Instructor: Chris DiLeonardo, Foothill College Saturday, April 15, 10 am - 2:30 pm Earthquake Geology Field Session Instructor: Roger Myers, MROSD docent Meeting place: Los Trancos Preserve parking lot. To car pool, meet at the Page Mill park-and- ride lot at 9:30 am. Tuesday April 18, 7 pm - 9:30 pm Introduction to Ohlone Culture (Required Reading: The Ohlone Way) Instructor: Andrew Galvan, Ohlone descendant, Master of Anthropology at U.C. Berkeley Saturday, April 22, 10 am - 2:30 pm Ohlone Village Field Session Instructor: Keith Guitterrez, Teacher, Deer Hollow Farm Meeting Place: Rancho San Antonio Preserve restrooms *Wednesday, April 26, 7:30 - 9:30 MROSD Board Meeting and Board Introductions Instructors: MROSD staff *(Note change in time and meeting day) Saturday, April 29, 10 am - 2:30 pm Field Botany and Wildflower Identification Instructor: Mabel Crittendon, Author of Wildflowers of the West Meeting Place: Rancho San Antonio Preserve restrooms Tuesday, May 2, 7 pm - 9:30 pm Interpretive Techniques II Instructor: MROSD staff Saturday, May 6, 10 am - 1 pm Tafoni Sandstone Formations Field Session Instructor: Roger Myers, MROSD docent Meeting place: Skeggs Point parking area, El Corte de Madera Preserve. To car pool, meet at the Page Mill park-and-ride lot at 9:15 am. Tuesday, May 9 No Class Saturday, May 13, 10 am - 2:30 pm Docent Practice Presentations Instructors: MROSD docents-in-training Saturday, June 3, 10 am - 2:30 pm Ethnobotany Field Session Instructor: Bev Ortiz, Coyote Hills Regional Park Meeting Place: Grizzly Flat parking lot, Long Ridge Preserve. To car pool, meet at the Page Mill park-and-ride lot at 9:30 am. i Open Space R-95-57 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-09 April 26, 1995 AGENDA ITEM Procedure for Filling of Ward 4 Board Vacancy a �r GENERAL MANAGER'S RECOMMENDATION { 1. Determine whether the Board vacancy in Ward 4 will be filled by appointment or by the election process. 2. If you decide to fill the vacancy by appointment, you need to: (a) approve the application form to be used; (b) reaffirm the use of the general criteria for appointment to the Board of Directors or modify them as you deem necessary; (c) reaffirm the use of the procedures for interviews or modify them as you deem necessary; (d) establish a timetable for filling the vacancy, including setting the dates for the first and second round of interviews, assuming you reaffirm the procedures for interviews. 3. If you decide to fill the vacancy by calling an election, you need to establish the date of the election. Staff would subsequently return with the appropriate resolution for calling the election and requesting consolidation services from Santa Clara County. DISCUSSION Director Babbitt has announcer) that she will resign her position as director for Ward 4 effective May 24, 1995 (see attached letter dated April 7, 1995). Ward 4 includes Mountain View, Moffett Field area, and North Los Altos (bounded by Adobe Creek, Foothill Expressway and Springer Road). As the District's governing body, you can either fill the vacancy by appointment or call an election to fill it. The attached report dated April 19, 1995 from District legal counsel updates you on the procedure for filling the vacancy. The following material summarizes the actions you would have to take to fill the Ward 4 vacancy by Board appointment or by election. A. APPOINTMENT 1. Appointment Date: The appointment would have to be made by July 23, 1995, 60 days from the effective date of G. Babbitt's resignation. 2. Approval of Application Form: The form used for previous director vacancies is attached. 3. Reaffirm the use of or modify as you deem necessary the General Criteria for Appointment to the Board of Directors: You adopted the attached criteria at 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-691-1200 - FAX:415-691-0485 . E-mail: mrosdanetcorr7.con'i Bwal of Dire(tors:Pete Siemens,Mary C. Davey, teena I lens aw,Ginn Babbitt', Nor ette I Ianko, Betsy Crowder,Wim de Wit Gencr,d Nmtwger:I,Craig Britton i R-11-17 Page two your September 32, 1992 meeting. Staff would distribute a copy of the criteria to all Ward 4 applicants. 4. Reaffirm the use of or modify as you deem necessary the Procedures for Interviews: The attached procedures were also adopted at your September 23, 1992 meeting. 5. Establish a Timetable for Filling the Vacancy: Government Code Section 1780 requires the posting of a notice of vacancy in three or more conspicuous places in the District at least 15 days before the appointment is made. Staff would post the notice accordingly, as well as publish notices concerning filling the vacancy in appropriate newspapers. A letter, signed by the Board president, would be sent to elected officials whose electoral areas encompass Ward 4. The letter will announce the vacancy and invite them to suggest individuals who might be interested in serving on the Board. Assuming you determine to fill the vacancy by appointment, you should schedule the dates for your first and second round of interviews. These dates would be included in the material distributed to all Ward 4 applicants. A suggested schedule is attached for your consideration in the event you decide to fill the vacancy by appointment. 6. The person appointed to fill the vacancy would serve only until the next District general election in November 1996, which is the regular Ward 4 election date. B. ELECTION An election to fill the Ward 4 vacancy could be held on the next available election date that is 130 or more days after the vacancy occurs. This would be the November 7, 1995 election. The Santa Clara County Registrar of Voters advises that, at this time, the City of Los Altos, the Los Altos School District, and the Foothill-DeAnza Community College District may be on the November ballot. The pro-rata cost of being on the November ballot would depend on the exact number of jurisdictions in Ward 4 on the ballot. If the District were the only jurisdiction on the ballot, election costs are estimated at up to $80,400 (up to $2.00 per registered voter in Ward 4). Based on the jurisdictions listed above being on the November ballot, election costs are estimated at $32,562 or 81C' per registered voter in Ward 4. There are approximately 40,200 registered voters in the ward. As noted in item six above, the elected Ward 4 director would serve until the regular Ward 4 election in November, 1996. Prepared by: Jean Fiddes, District Clerk Contact person: Same as above April 7, 1995 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Fellow Directors: It is with mixed feelings that I announce my resignation from the Board of Directors of the Midpeninsula Regional Open Space District as of May 25, 1995. My five years of service on the Board have been tremendously rewarding; however, the demands of my work greatly limit the time and attention that I can provide to the District. Therefore, it is time that I relinquish my seat to someone with as much dedication -- but with much more time -- to serve the Open Space District. Years of undaunted and driven devotion by the public, the board, and the staff inspired me to join the District Board. I am deeply proud to have served with and for these dedicated people who have created a world-renowned treasure of lands rich with natural, recreational, and educational opportunities despite its metropolitan influence. My leaving the District Board member by no means ends my commitment to supporting a balance of nature, beauty, and recreation in the Bay area. I have enjoyed many accomplishments on the District Board, and certainly I leave many challenges unresolved. Yet, I have absolute confidence, especially in the District's staff, that its lands and the resources will be managed as best possible. Although I may not be with you, know that I whole-heartedly support you and wish you well. Sincerely, n� cl G Ginny Babbitt Director, Ward 4 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM April 19, 1995 TO: President Siemens and Members of the Board of Directors FROM: Susan Schectman, District Legal Counsel SUBJECT: Procedure for Filling Board Vacancies In view of Director Babbitt's upcoming resignation from the Board of Directors, I have been asked to update you on the law and procedures for filling Board vacancies. I have attached a copy of Government Code Section 1780 which sets forth the Board's duties in the event of a vacancy and alternative methods for filling Board vacancies. The Board has a statutory duty to fill the Board vacancy for Ward 4 either by appointment or by calling a special election. Within 60 days of the vacancy, the Board may either appoint a person to fill the vacancy or call a special election to fill the vacancy. If it does neither, the Board of Supervisors of Santa Clara County may, within 90 days of the vacancy, fill the seat by appointment or may order the District Board of Directors to call a special election. Appointments: An appointment should be made within 60 days immediately following the effective date of the vacancy. In this case, the deadline would be July 23, 1995. A notice of the vacancy must be posted in at least three places at Least 15 days before the appointment is made. In addition, by Board Resolution 76-22, the Board has adopted a procedure of also publishing notice of a vacancy. The person appointed to fill the vacancy will hold office until the next District general election, November 1996, which is also the regular election date in Ward 4. Other than the required notices, there is no required procedure for interviewing and appointing a person. The Board may adopt such criteria and procedures as it sees fit for this process. SMial Election: A special election must be held on the next available election date that is 130 or more days after the vacancy occurs. This would be November 7th, 1995. The person elected to fill the vacancy would likewise serve the balance of Director Babbitt's term, until November, 1996. Note that if the vacancy is filled by appointment, the Ward 4 seat will be vacant for a shorter i time period (May 25th to date of appointment prior it to July 23) than t s filled by election where the seat will be vacant for 5-1/2 months (May 25th - November 7th, 1995). 1780. Special districts; method of filling vacancies on elected governing boards; term ,a, Notwithstanding any other provision of law,a vacancy in any elective office on the governing board if a special h specified in Section 1781 shall be filled as provided in this section. ec al district other than those s , P Pe The remaining district board members may fill the vacancy by appointment. The person appointed shall told office until the next district general election that is scheduled 130 or more days after the effective date of the vacancy, purpose g unless an election is also held on the same date for the u ose of electing a director - serve a full term in the same office to which the person was appointed, in which event the person appointed to the vacancy shall•fill the balance of the unexpired term of his or her predecessor. appointments pursuant to this subdivision shall be made within a period of 60 days immediately subsequent to the enective gate of the vacancy ano a notice of the vacancy shall be posted in three or more conspicuous places in the district at least 15 days before the appointment is made. In lieu of making an appointment the remaining members of the board may within 60 days of the vacancy call an election to fill the vacancy. The election shall be held on the next available election date provided by Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the vacancy occurs. (b) If the vacancy is not filled by the district board as specified, or if the board has not called for an election within 60 days of the vacancy,the city council of the city in which the district is wholly located,or if the district is not wholly located within a city,the board of supervisors of the county representing the larger portion of the district area in which the election to fill the vacancy will be held,may fill the vacancy within 90 days of the vacancy, or the city council or county supervisors may order the district to call an election to fill the vacancy. The election shall be held on the next available election date provided by Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the vacancy occurs. (c)(1) If within 90 days of the vacancy the remaining members of the board or the appropriate board of supervisors or city council have not filled the vacancy and no election has been called for,the district shall call an election to fill the vacancy. The election shall be held on the next available election date provided by Chapter 1 (commencing with Section 1000)of Division 1 of the Elections Code that is 130 or more days after the vacancy occurs. (2) If the number of remaining members of the board falls below a quorum, at the request of the district secretary,or a remaining board member,the board of supervisors or the city council may waive the 60-day period provided in subdivision (a) and appoint immediately to fill the vacancy as provided in subdivision(a),or may call an election to fill the vacancy. The election shall be held on the next available election date provided by Chapter 1 (commencing with Section 1000) of Division I of the Elections Code that is held 130 or more days after the vacancy occurs. The board of supervisors or the city council shall only fill enough vacancies to provide the board with a quorum. (d) persons appointed to fill a vacancy shall hold office until the next district general election and thereafter until the person elected at that election to fill the vacancy has been qualified, but persons elected to fill a vacancy shall hold office for the unexpired balance of the term of office (Amended by Stats.1986, c. 866, § 20; Stats.1987, c. 1184, § 2; Stats.1994, c. 923 (S.B.1546), § 31.) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPLICATION FOR DIRECTOR - WARD 4 (Please Type or Print) NAME RESIDENTIAL VOTING ADDRESS TELEPHONE(S) DATE OF APPLICATION PLEASE LIST YOUR COMMUNITY ACTIVITIES AND/OR WORK EXPERIENCE: PLEASE INDICATE WHY YOU ARE INTERESTED IN SERVING AS DIRECTOR OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD OF DIRECTORS AND WHAT ARE YOUR GOALS FOR THE DISTRICT'S NEXT TEN YEARS? 330 Distel Circle Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosd@netcom.corn Board of Directors:Pete Siemens,Mary C.Davey, teena Renshaw,Ginny Babbitt, Nonette Hanko, Betsy Crowder,Wim de Wit General Nixiager:L.Craig Britton WHAT LEVEL AND , tPES OF ACTIVITIES DO YOU Fi ..JR ON DISTRICT PRESERVES? ACTIVITIES OPPOSE? i WHAT DO YOU SEE AS THE MAJOR ISSUES OF THE DISTRICT TODAY AND IN THE NEXT FEW YEARS? DISCUSS. PLEASE LIST ANY ADDITIONAL INFORMATION ABOUT YOURSELF WHICH YOU WOULD LIKE TO INCLUDE (HOBBIES, EDUCATION, FAMILY, ETC). Signature of Applicant Date NOTE: All applications will be made available for public inspection. You may use additional sheets to answer questions. Attached is a copy of the District's Conflict of Interest Code Open Space I IF id 40111111 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GENERAL CRITERIA FOR APPOINTMENT TO BOARD OF DIRECTORS 1. Wants the job! 2. Involvement in or awareness of local government functions and operations 3. Previous attendance at Board meetings 4. Some knowledge or awareness of finance and budget issues 5. Knowledge of and exposure to community service activities 6. Interest, time, and energy to give to the job 7. Sense of humor 8. Flexibility 9. Sensitivity to the community 10. Ability to work in team setting 11. Knowledge and awareness of what is going on in the District 12. Not single-issue oriented 13. Breadth of awareness of and outlook on kind of issues District faces 14. Knowledge of how District fits into the greater region 15. Ability to bring strength to and complement current Board and add a different dimension to the Board 16. Comfortable with public speaking and working with groups 17. Ability to take the heat in the kitchen! 330 Distel Circle * Los Altos, CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 * E-mail: mrosd@netcom.com Board ofOire<tors:Pete Siemens,My iry C. Davev, Ieen.7 Henshaw,Ginny Babbitt, Nonette�Hanko,Betsv Crowder,Wim de Wit General Manager.L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT - WARD 4 PROCEDURES FOR INTERVIEWS First Round 1. Order of appearance of applicants established in a random drawing of names. 2. Each applicant allotted up to eight minutes for opening statement and clarifying questions by the Board with a minimum of three minutes for the latter. 3. Round-robin questioning by Board members of applicants for maximum of 30 minutes. 4. Each applicant (order determined by another random drawing) will have two minutes maximum for final statement. 5. Board recess for 10 minutes. 6. Each Board member casts a signed ballot for up to six top choices for second round interviews. 7. Clerk keeps ballots for later public inspection. 8. Voting tallied and announced by Clerk. 9. The field will be narrowed to half of the original number of candidates, but at least 3, and at most 6. 10. The candidates receiving the most votes will be those selected for the second round. 11. If there is a tie, there will be additional votes on the full list until the tie is broken. Second Round 1. Random drawing for order of appearance. 2. Each finalist allotted 20 minutes for answering questions posed by the Board. 3. Random drawing for order of appearance for final statements. 4. 10 minute recess. 5. Each finalist will get 5 minutes for summary. 6. Each Board member casts a signed ballot for his or her choice of appointment. 7. Voting tallied and announced by District Clerk. 8. Clerk keeps ballots for later public inspection. 9. If no candidate receives four votes, there will be additional votes on the full list of finalists until a candidate receives four votes. 10. Board adopts resolution naming appointment to fill the office. Absence of Candidates From Interviews - The Board will consider the written application and supplementary information provided by candidates who cannot attend one or both sessions. 330 Distel Circle # Los Altos, CA 94022-1404 * Phone:415-091-1200 * FAX:415-091-0485 - E-mail: mrosclrrnetcom.com M,,n'1 of Directors:Pete Siemens,Mary C.tlavey, leena HensWw,Ginny Babbitt,Nonette Hanko, Betsy Crowder,Wirtz de Wit Gvnew/Man,iger:L.Craig Britton PROPOSED SCHEDULE FOR FILLING WARD 4 VACANCY BY APPOINTMENT April 27 Press release announcing District's intent to fill Ward 4 vacancy by appointment Week of May I Posting of notice at least 15 days before appointment is made of District's intent to fill vacancy Letter to elected officials whose electoral areas encompass Ward 4 Publishing of vacancy notice and intent to fill by appointment in San Jose Mercury and Los Altos Town Crier (To be Scheduled) Deadline for receipt of applications for Director - Ward 4 (To be Scheduled) First round of interviews for Ward 4 applicants (To be Scheduled) Second round of interviews for Ward 4 selected applicants; Appointment of new Ward 4 Director; adoption of appointment resolution; swearing in of new Director July 23, 1995 Last day to fill position by appointment f Open Space R-95-59 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-09 April 26, 1995 AGENDA ITEM Authorization to Provide a Pit Toilet at Russian Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize staff to convert the existing chemical-recirculating toilet at Russian Ridge Open Space Preserve to a pit toilet DISCUSSION At your June 12, 1991 meeting, you adopted the use and management plan for the Russian Ridge Open Space Preserve (see report R-91-69). Contained in the plan was a recommendation to construct a restroom at the parking area located at the intersection of Alpine Road and Skyline Boulevard. The restroom was installed shortly after adoption of the plan. 'on The District currently has nine permanent restrooms at various locations around the District. All but one contain a chemical-recirculating toilet. The toilets are similar to those found on commercial airliners. A deodorizing chemical is mixed with the waste to reduce odor problems. Waste is contained in a holdingtank and the tank is um as necessary. The frequency of P P� �Y pumping the tank depends upon the amount of use the unit receives. Staff has had numerous problems with the chemical-recirculating toilet system and the toilet manufacturer. Staff would like to convert the existing toilet at the Russian Ridge Open Space Preserve parking area to a pit toilet for several reasons: the chemical-recirculating toilets are difficult to obtain, usually requiring a six-month lag time between placement of the order and delivery; once installed, the toilets require a significant amount of maintenance and, like the toilet itself, parts can be difficult to obtain; the manual for the toilet is inadequate, often leading to order of the wrong part; parts are costly to purchase and require a significant amount of staff time to replace; and down time to the unit requires installing a temporary unit until the existing unit is repaired, which sometimes takes several months. In the case of the Russian Ridge unit, an extremely high water table during the winter months undermined the foundation of the restroom building and toilet requiring a complete renovation of the system to correct the situation. Instead of repairing the existing toilet, staff would like to replace the existing system with a different toilet to alleviate the problems experienced with the recirculating toilet. Historically, pit toilets have had a bad reputation with regard to odor. However, significant advances in the design of pit toilets have nearly eliminated the odor problems. The District currently has one pit toilet at the Purisima Creek Redwoods Open Space Preserve in the Higgins- Purisima Road parking area. A pit toilet was installed at this location due to its remoteness and 310 Distel Circle - Los Altos, CA 94022-1404 * Phone: 415-091-1200 - FAX:415-091-0485 - E-mail: mrosd@netcom.com Botvrd of 1)irector,:Pete Siemens,Mary('. Davey,Teena 1 tenshaw,Ginny Babbitt, Nonette Nanko, Betsv Crowder,Wim de Wit General Manager.L.Craig Britton R-95-59 Page 2 the high level of use the predecessor, a temporary unit, was receiving. The permanent unit has not been in place long enough to fully assess its effectiveness. Replacement of the recirculating toilet with a pit toilet will mean a significant cost savings in several aspects. The pit toilet is a very simple design consisting of a toilet riser and holding tank. There are no moving parts to break down and replace as with the recirculating toilet. Also, the tank will require less pumping. With the recirculating toilet, under moderate use, the tank must be pumped approximately every two months. With the pit toilet, the tank will only require pumping two to three times per year. Staff obtained a permit from the San Mateo County Environmental Health Department to install the pit toilet at lower Purisima. Staff does not anticipate a problem obtaining a permit for the Russian Ridge location. Prepared by: Mary Gundert, Open Space Planner Contact: Same as above Open Space R-95-61 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-09 April 26, 1995 AGENDA ITEM Authorization to Enter Into Contract with Platypus Studio to Fabricate Exhibits for the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATION ' Authorize the general manager to execute a contract on behalf of the District with Platypus Studio not to exceed $19,900 to fabricate and install exhibits for the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve. DISCUSSION At your September 28, 1994 meeting (see report R-94-99), you authorized staff to proceed with support system improvements to the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve. You also authorized expenditure of the $26,000 budgeted in fiscal year 1994- 1995 for the Phase I exhibits. The budgeted funds for the Phase I exhibits were not expended in fiscal year 1994-1995, because design of the Phase I exhibits was not completed until January 1995. The budget for fiscal year 1995-1996 includes $28,000 to continue the project. Part of the budgeted amount comes from a $10,000 donation made by Dr. and Mrs. David Daniels. The Phase I exhibits include five plant community text rails, three pond strata mobiles, laboratory station and library, Alpine Pond community mural, five field guide window shades, and history corner. A comprehensive cost summary for the nature center and exhibits is attached. During the 1994-1995 fiscal year, structural and support system improvements to the nature center were completed. The ceiling was finished, and insulation, lights, and heating were installed. An ultraviolet film was also applied to the windows, and window blinds were installed to enable the docents to darken the room for slide presentations. Staff is currently working with a contractor to construct and install the laboratory station and library shelves. The history corner, including information about the District and Peninsula Open Space Trust, will most likely be developed by staff as an interim display until a history exhibit can be designed. Jana Sokale, the consultant who prepared the conceptual design for the nature center, submitted her final work on the design component of the Phase I exhibits in January 1995. In March, staff sent requests for proposals to 14 firms specializing in designing and fabricating interpretive displays. Three proposals were submitted; the proposals were from Platypus Studio of Los Angeles, Pouncing Pachyderm Productions of Percadero, and Condit Exhibits of Denver, Colorado. After staff reviewed the initial proposals, it was evident that all of the Phase I exhibit components could not be completed within the allotted budget. Staff narrowed the project scope 330 Distel Circle , Los Altos, CA 94022-1404 - Phone:415-691-1200 « FAX:415-691-0485 - E-mail• mrosd@netcom.com Board of Directors:fete Siemens,Mary C. Daeey, ieena I tinny Babbitt, Nonette t Ianko, Betw Crowder,Wim de Wit Gener,3l,�Ixmger:t..(raig Britton components could not be completed within the allotted budget. Staff narrowed the project scope to two elements, the plant community text rails and the aquatic mobiles, and requested a revised proposal for the project's reduced scope. The proposals were: Paltypus Studio - $19,900 Pouncing Pachyderm Productions - Not to exceed $19,720 (proposal was on an hourly basis) Condit Exhibits - Incomplete proposal Although Pouncing Pachyderm Productions quoted the lowest cost for the project, staff proposes to contract with Platypus Studio of Los Angeles. The firm's sample sketches and creativity were the most impressive submitted. The firm's proposed project schedule meets the District's needs as well. Most importantly, staff believes Platypus Studio can also offer a fresh approach to the design of the mural and is more responsive to the District's goals for this project. i Platypus Studio submitted the most clear and complete proposal, provided background information that showed a creative approach to interpretive projects, provided a competitive price, and has been very responsive in providing the necessary information needed to make a decision. Platypus Studio's list of projects include museums for Intel in Santa Clara, a visitor center for the Los Angeles Department of Water and Power, and an exhibit in the Smithsonian Museum of Natural History in Washington, D.C. The firm is currently designing a visitor center for the Santa Monica Mountains Conservancy and has recently contracted with Tree People in southern California to create an interpretive signing program. Platypus Studio's principal designer is currently working on a local project and is frequently in the Bay Area. In addition, the artist for this project lives in Half Moon Bay. Pouncing Pachyderm Productions currently has a contract with the District to develop a historical exhibit plan for the Grant house at Rancho San Antonio Open Space Preserve, and the firm will also assist with the implementation of the plan. The funding needed to fabricate and install the five field guide shades and design the Alpine Pond community mural will be requested in a Environmental Education Grant, which will be submitted for your consideration at your May 24, 1995 meeting. Staff anticipates beginning the design of the pond community mural later this year if the grant application is successful. Budgeted funds spent for this project would qualify as matching expenditures for the grant, if it is successful. Prepared by: Mary Gundert, Open Space Planner Contact person: Same as above � | David C. Daniels Nature Center'Cost Summary(including anticipated costs) � ! April 2I1895 � Building Construction Total Cost Contributions Source District Expense Design 10,200 Site Preparation 1.100 / Construction Observation 5.500 | Construction 94.100 88.500 (1).(2) Finish ceiling, sprinklers 10.400 � Utilities Subtotal 129.100 08,500 40,600 � (1) $G5.UOO POST Contribution � (2) $23.50D Grant Contribution � / Exhibit Plan Total Cost Contributions Source District Expense Conceptual Plan E\300 � Design (Phase|) 12400 � Subtotal 21.700 21.700 Phase I Construction Total Cost(est) Contributions Source District Expense Mobiles,Text Rail 19,900 10,000 (3) � Lab Station, Library 6,500 � Field Guide Shades 10.000 � History Corner 7.000 � | � Alpine Pond Community Mural 20,000 20,000 (4).(5) | Subtotal 63.400 30.000 38.400 / C0 $1O.DOO Daniels family donation (4) $5.000 potential POST contribution (5) $15.OU0 potential grant contribution Phase 11 Construction Total Cost(est) Contributions Source District Expense | Exterior Exhibit 21.000 � Deck 3,000 Subtotal 24.000 24.000 Phase III Construction Total Cost(est) Contributions Source District Expense VVorhsxmion (Lifecyo|o) 9.000 Workstation (Anatomy) 9.000 Underwater Video 5000 Subtotal 23.000 23.000 � TOTAL 261.200 118.500 142.700 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CONSULTING SERVICES AGREEMENT THIS AGREEMENT, entered into this 27th day of April, 1995 by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter called "District") and PLATYPUS STUDIO (hereinafter called "Consultant") WITNESSETH WHEREAS, the District proposes to engage Consultant in accordance with the terms and conditions set forth herein to render certain professional interpretive exhibit fabrication services; WHEREAS, Consultant is specially trained and possesses certain skills, experience, education and competency to perform the special services, and District desires to engage Consultant for such special services upon the terms herein provided: NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. ENGAGEMENT OF CONSULTANT The District hereby agrees to engage Consultant, and Consultant agrees to per-form the professional services as hereinafter set forth. 2. ADMINISTRATOR OF AGREEMENT The Open Space Planner, Mary Gundert, shall be the District's representative for the purpose of administering this Agreement. Richard Valencia shall be in charge of the performance of this Agreement on behalf of the Consultant. 3. SCOPE OF SERVICES The District agrees to contract with the Consultant to provide services in accord with the work described in "Exhibit A" attached hereto and incorporated herein. 4. TERMS OF AGREEMENT The term of this Agreement shall commence upon approval of both parties to the conditions of this Agreement and to conclude on September 1, 1995. 5. COMPENSATION The District agrees to pay the Consultant, as compensation for the services set forth herein, a lump sum not to exceed $19,900 without prior written authorization. Payment under the Agreement shall be made promptly by the District upon submission of Consultant's invoices. Such compensation shall include all costs and expenses of Consultant. Failure of the District to accept the recommendations and conclusions of the Consultant 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com (D Board of Directors:Pete Siemens, 'slary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Winn de Wit General Manager:L.Craig Britton on the basis of differences of professional opinion shall be the basis neither for non- acceptance of the work performed by the Consultant nor for non-payment to the Consultant. It is expressly understood and agreed that this written Agreement constitutes the entire agreement of Consultant and District and in no event shall Consultant be entitled to any compensation other than those provided herein. 6. TERMINATION OF AGREEMENT District shall have the right to terminate this Agreement, by giving written notice to Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, and other materials as described in Paragraph 18 prepared by Consultant shall become the sole and exclusive property of District, and Consultant shall be entitled to receive reasonable compensation for any authorized and satisfactory work completed on such documents or other such materials prior to date of termination, not to exceed the amounts described in Paragraph 5. 7. TERMINATION FOR CONVENIENCE OF DISTRICT District may terminate this Agreement, at any time, by giving written notice to Consultant of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 18 shall become the sole and exclusive property of the District. If the Agreement is terminated by District as provided herein, Consultant shall be entitled to receive reasonable compensation for any authorized and satisfactory work completed on such documents or other such materials prior to date of termination, not to exceed the amounts described in Paragraph 5. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this paragraph in the event of such termination. 8. TERMINATION FOR CONVENIENCE OF CONSULTANT Consultant may terminate this Agreement by giving written notice to District of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In that event, it is expressly agreed and understood that District shall be allowed to seek another consultant to complete Consultant's work, and, as requested by the Administrator of this Agreement, designated in Paragraph 2, Consultant will provide assistance and advice to Consultant's successor to facilitate the period of transition caused by such termination, provided that such minimum period of assistance and advice by Consultant to his successor shall not extend beyond the effective date of this termination. Upon termination, as herein provided, all finished or unfinished documents and other materials as described in Paragraph 18 shall become the sole and exclusive property of District. If the Agreement is terminated by Consultant as herein provided, Consultant shall be entitled to receive reasonable compensation for any authorized and satisfactory work completed on such documents prior to date of termination, or other such materials to date of termination, not to exceed the amounts described in Paragraph 5. 9, CHANGES District may from time to time require changes in the scope of services of Consultant to be performed hereunder including but not limited to the designation of one or more specific projects. Such changes shall be made with the agreement of Consultant and the contract shall be amended accordingly to reflect such changes. 10. EQUAL OPPORTUNITY The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age or sex. Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, national origin, age or sex. Consultant will in all solicitations or advertisement for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, age or sex. 11. ASSIGNABILITY The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation). 12. INTEREST OF CONSULTANT Consultant covenants that he presently has no interest, including but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed or retained by it under this Agreement. 13. INSURANCE AND HOLD HARMLESS AGREEMENT Consultant agrees to maintain such insurance as will fully protect both Consultant and District from any and all claims under Worker's Compensation or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for personal injury, including death, made by anyone whomsoever which may arise from operations carried on under this Agreement, either by Consultant, any subcontractor or by anyone directly or indirectly engaged or employed by either of them. District and its agents and employees shall not be liable, nor be held liable, for any liabilities, penalties, or forfeitures, or for any damage to the goods, properties or effects of Consultant, or of any other persons whatsoever, nor for personal injury to or death of them whether caused by or resulting from any negligent act or omission of Consultant. The provisions of this paragraph do not relieve the District of its liability for damages to Consultant caused by District's negligent acts or omissions. Consultant further agrees to indemnify and hold harmless District and District's agents and employees, against and from any and all negligent acts caused by Consultant. i 14. TAXES AND LABOR REQUIREMENTS OF CONSULTANT Consultant shall assume full responsibility for and exonerate, indemnify and hold harmless the District from and against payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security, and income tax laws, with respect to Consultant and Consultant's employees engaged in erformance of this Agreement. P g 15. NOTICE Any notice or notices required or permitted to be given pursuant to this Agreement reement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested to the following address: District: Mary Gundert, Open Space Planner Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 Consultant: Richard Valencia Platypus Studio 930 Colorado Boulevard Los Angeles, CA 90041 (213) 255-8001 16. INDEPENDENT CONSULTANT It is agreed that District is interested only in the results obtained and that Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. Consultant shall complete this Agreement according to his own means and methods of work which shall be in the exclusive charge and control of Consultant and which shall not be subject to control or supervision by District except as to the results of the work. Consultant is, for all purposes arising out of this Agreement, an independent contractor, and he shall not be deemed an employee of the District. It is expressly understood and agreed that Consultant shall in no event be entitled, including, but not limited to overtime, any retirement benefits, workers' compensation benefits, and injury leave or other leave benefits. 17. COMPLIANCE OF STATE LAW This Agreement shall be construed and interpreted according to the laws of the State of California. 18. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of District. No such materials shall be subject to private use, copyright, or patent right by Consultant in the United States or in any other country without the express written consent of District. District shall have unrestricted authority to publish, disclose, distribute, and otherwise use copyright or publish in whole or in part any such reports, studies, data, statistics, forms, or other materials or properties produced under this Agreement. IN WITNESS WHEREOF, District and Consultant have executed this Agreement as of the date first written above. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Jean Fiddes, Acting General Manager PLATYPUS STUDIO By Richard Valencia, Principal S.S. or F.I.N. No. I�� Exhibit A 5 April 1995 Mary Gundert Midpeninsula Regional Open Space District P 1a tY P I/ S 330 Distel Circle stildio Los Altos, Ca. 94022-1404 in useu in pla im inVi interpretive rxhibits Dear Ms. Gundert, graphir de.qq)i Thank you for asking Platypus to propose on the development and installation of 930 1 oloy-irdo boulcrard nexhibits for the Daivd C. Daniels Nature Center. Platypus is an exhibit design firm specializing in the planning, management, losalIVICICS,cir design and production of interactive interpretive exhibits for museums,visitor and 21.3-255-80ol information centers. Platypus has provided design services since 1989. The two principal designers, Ed Hackley and Richard Valencia have worked together for over 13 years and firv#213-2�5-8026 have a combined background of 30 years in exhibit design With our addtional experience in architecture, interiors, architectural signing and 2-dimensional graphic design and art direction we bring over 45 years of design experience to our clients. Platypus has a team of full time employees along with the ability to add consultants and specialist as needed for particular projects. Our staff includes senior and junior designers, draftsmen, art production personnel, researchers and copywriters. Engineering services are also available on an as needed basis.We offer design services from conceptual designs thru construction documents, project management, bidding supervision, fabrication and installation supervision. We can also offer clients turnkey exhibits. Over the years we have developed a team of subcontractor who can provide complete fabrication and installation services when it is appropriate. Our interpretive projects have included nature exhibits, history exhibits, science and technology exhibits, visitor centers and training centers. Our commercial projects have ranged from whimsical solutions for a pet-food corpordtion to formal and technical solutions for pharmaceutical, computer or aerospace industries which always deal with the latest developments in technology. Subjects have spanned from airplane history to the workings of coal generated power plants to explaning water conservation to grade school children. All of our projects have utilized, large quantities of graphics, interactives, all forms of artifact presentation, photography (both still and moving), sound, and audio- visual elements and the use of artificial rocks and plant materials. All of these disciplines have been directly managed and coordinated through our office. Our design services have included exhibit planning, interpretation and theme development, conceptual design, design development,construction documents, fabrication and installation management. We have also worked closely with a number of our clients in developing cost-estimates for overall projects and individual phases before beginning design services. page 2, 4/5/95 Project values have ranged from $50,000. to$15,000,000. We are currently working on the concepts for a $10 million discovery center for a major electronics firm in Silicon Valley California. It is our firm belief that successful exhibit design is a team effort between a designer and his/her client.And that the best exhibits demonstrate a two-way flow of information and ideas. As designers we must look at exhibits as total visitor experiences. Taking into consideration the visitor's approach to the exhibit; the audience demographics (novice or expert, young or old), levels of understanding and information giving, the architecture in which the exhibit functions; the total graphic impression, sound and lighting elements and traffic flow. With audiences exposed ever to more sophisticated animation and computer graphics techniques, designers are being challenged to develop new ways of presenting infon-nation, educating visitors and providing entertainment and excitement value. Our experience with interactive exhibits,our professional management style, our demonstrated communications skills, and our understanding of audience/visitor dynamics can meet these challenges and contribute importantly to the success of any project. Your project sounds like it would be a fun one to work on, and we feel we could contribute to it's success. I am enclosing a copy of our brochure and sample line drawing for your review. Thank you again for asking us to submit a proposal. Most sincerely, Q, Richard Valencia 5 April 1995 Proposal Platypus will provide the following: 1. Work with your environmental planning consultant to provide design development 2. Provide final design drawings for review and approval. 3. Provide construction documents for review and approval 4. Provide all camera-ready art. Illustrations, copy and graphics. 5. Fabrication of all exhibits 6. Installation of all exhibits. Preliminary Schedule A. Design development......................................................May 1 thru June 1 B. Final design and construction documents.....................June 2 thru June 15 C. Fabrication....................................................................June 15 thru August 18 D. Installation....................................................................August 19 thru August 22 5 April 1995, rev. 4f7/95 Cost Estimates P I a t T P it s A.Aquatics Mobiles,quantity 3, with approximately 27 line drawings..........$(".00 studio B. Plant Community Text Rails, quantity 5 rails, with line drawings inusenin pinnniirq approximately 26'-6" total length...............................................................$8000.00 interprctive rxhibir� C. Design and managment................................................................................$38W.00 graphic des qn D. Installation...................................................................................................$1700.00 9,30 colorado boulevard E. Shipping.......................................................................................................$400.W los tri�cics,ca.9f)o41 Total..................................................................................................................$1919W.00 213-255-8001 Sales tax will be added to taxable items fivc#21.3-255-8026 Hourly Rates &Services A. Design services Senior designer........................$11 O./hr. Junior designer.........................$75./hr. B. Drafting.....................................$60./hr. C. Supervision................................$75./hr. D.Art Production...........................$60./hr. E. Copywriting...............................$40./hr. F. Project management...................$75./hr. G. Research....................................$30./hr. H. On-site day rate $450./day, plus travel plus per them Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-58 Meeting 95-09 April 26 1995 P I AGENDA ITEM Presentation and Demonstration of Geographic Information System (GIS) Data and Research a GENERAL MANAGER'S RECOMMENDATION Review and comment on the research findings and potential next steps. DISCUSSION At your regular meeting of June 22, 1994, staff gave a presentation about our general research on the potential use of Geographic Information Systems at the District (see report R- 94-73). A m staff proposed to continue the research on a more focused level in cooperation t that time, sta P Po � Pe with efforts by Greenbelt Alliance to develop an environmentally-oriented regional database and GIS "service bureau" out of their San Francisco offices. The current presentation is intended to update the Board on the research results, give a demonstration of the characteristics of, and potential uses for, the basic GIS data layers that are available, and review the alternative courses of action that the District could take with respect to GIS. Prepared by: Randy Anderson, Planning Manager Contact Person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:4 I5-691-1 200 - FAX:41 5-691-0485 ® E-mail: rnrosd@netcom.com 13wrd of Directors ('ete Siemens,Mary C. Davey, reena f lenahaw,Ginny Babbitt,Nonette t ianko,Betsy Crowder,Win)de Wit General Alanager:L.Cram;Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-52 Meeting 95-09 April 26, 1995 AGENDA ITEM Approval of Ranch and Grazing Lease Over a Portion of,La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the general manager to execute the attached Ranch and Grazing Lease with William D. McDonald over approximately 1,100 acres of the La Honda Creek Open Space Preserve. DISCUSSION In 1990, the District acquired this scenic 1,100-acre ranch in San Mateo County from Mr. McDonald. A part of the La Honda Creek Open Space Preserve, the property is situated along the western slopes of the Santa Cruz Mountains adjacent to La Honda Road (State Route 84). Mr. McDonald has leased the property, including the ranch house and the other building improvements, for cattle grazing purposes for the past five years. A new one-year lease agreement has been negotiated with Mr. McDonald. By leasing the property on a year-to-year basis, the District has more flexibility to plan and carry out proposed public improvements and trail access in the future. The main elements of this lease are as follows: 1 Mr. McDonald is responsible for completing the following repairs or improvements prior to the commencement of this lease: replace tar and gravel roof for downstairs bedroom; repair water damage to downstairs bedroom; repair roof for ranch foreman's mobile home; and install cattle fencing in riparian area. 2) Rental amount increased from $376.47 per month to $1,000.00 per month. 3) District will have the right to routinely patrol and monitor the leased premises and enter the property for planning purposes. 4) The grazing rights would be reduced from one hundred (100) animal units to sixty (60) animal units. 5) The lease provides for ongoing monitoring and corrective provisions to ensure resource protection. ----------------- 330 Distel Circle - Los Altos,CA 94022-1404 * Phone:415-691-1200 - FAX: 415-691-0485 - E-mail: niros(]@net(:orii.coni Board ofOire0004:Fete Siemens,Mary C.Davey,Tema Henshaw,Ginny Babbitt,Nanette Kinko, Betsy(ro vdei,Win)de Wit General Manager:L.Craig Britton R-95-52 Page 2 6) The public will have the right to use and access Old Searsville Road/Seale Ranch Road at the southern end of the property. 7) Upon a twenty-four (24) hour advance permit basis, the public will be entitled to access and hike the existing trails and roads on the premises. 8) Mr. McDonald will continue to maintain the roads as part of the lease agreement. 9) Mr. McDonald will provide a full time resident/caretaker on the premises. 10) The District will provide basic fire insurance on the property and buildings; however, Mr. McDonald will provide liability and other insurance associated with his operation of the property. The proposed lessee will continue a long-established agricultural use of the property that is compatible with other District goals. This lease has been review by the planning and operations staff and is consistent with the Preliminary Use and Management Plan for La Honda Creek Open Space Preserve. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same RANCH AND GRAZING LEASE THIS LEASE is made and entered into as of the 1995, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a public district (hereinafter called "District"), and WILLIAM D. McDONALD (hereinafter called "Lessee"). A. District is owner of that certain real property containing approximately 1,100 acres including a two bedroom main residence, 1650 s. f. garage/truck port, two story wood frame red haybarn, two bedroom Del Mar mobile home, 3,600 s. f. barn and out-building, and a series of livestock corrals, situated in the unincorporated area of the County of San Mateo, State of California, as more particularly shown on Exhibit "A" and described on Exhibit "B", both as attached hereto and incorporated herein by this reference (hereinafter called the "Premises"). B. District desires to lease the Premises to Lessee, and Lessee wishes to hire the Premises from District, upon the terms and conditions set forth herein. 1. Leased Property. That for and in consideration of the payment of rent herein reserved and of the faithful performance and observance by Lessee of the covenants herein contained to be performed and observed by Lessee, District does hereby lease, demise, and let to Lessee for the purpose of ranching and grazing of cattle and horses as defined in Sections 9 and 10 herein those certain Premises described herein. 2. Conditions. Prior to the commencement of this Lease, Lessee shall make and/or pay for the following repairs: replace tar and gravel roof for the downstairs bedroom, repair water damage to downstairs bedroom wall and repaint or wallpaper wall, repair roof to ranch foreman's mobile home, install cattle fencing in riparian areas to prevent livestock from roaming in or along the banks of any creek or stream as designated in Section 16, and restore the road segment below and northerly of the ranch entrance. These repairs and/or improvements shall be completed prior to April 30, 1995, and inspected by a District representative including a review of all receipts related to said repairs and/or improvements. 3. Term. This Lease shall be for a term of one (1) year, commencing on May 1, 1995, and shall extend from said date through April 30, 1996, unless at any time during the term hereof, this Lease is terminated on any of the following bases: (i) terminated by Lessee by giving written notice of such termination to District prior to actual surrender of the Premises by Lessee as defined in Section 19; or (ii) the death of the Lessee ; or (iii) the abandonment of the Premises by Lessee; or (iv) the material breach by Lessee of any of the terms, covenants, and conditions of this Lease. The foregoing provisions relating to termination of this Lease by District are in addition to other rights of termination provided in the remainder of this Lease. If requested by District, Lessee agrees to execute a Quitclaim Deed with respect to Lessee's interest hereunder at the expiration or termination of this Lease. Ranch and Grazing Lease Page 2 4. Rent. Lessee shall pay to District each month as rent for the Premises the sum of One Thousand Dollars ($1,000). Said rent shall commence on May 1, 1995, and shall be payable in advance on the first day of each month during the term of this Lease to District at 330 Distel Circle, Los Altos, CA 94022, or at such other address as District may from time to time designate in writing to Lessee. Subject to Section 6 below, rent shall be payable only by personal check, cashier's check, money order, or cash. 5. Late Payments. Lessee and District acknowledge ledge and agree that in the event that Lessee fails to pay rent on or before the fifth (5th) day after the date due, District will incur damages due among other things to increased accounting costs and collection costs, the amount of which would be impracticable and extremely difficult to fix. Lessee therefore agrees to pay fifty dollars ($50.00) with such late rental payment as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payment. Such liquidated damages shall be deemed additional rent and shall be due together with rent for the delinquent period. 6. Dishonored Checks. In the event a personal check given by Lessee to District for payment of rent shall be dishonored due to insufficient funds, District agrees to make one attempt to redeposit the first (and only the first) of such dishonored checks. In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Lessee shall pay ten dollars ($10.00) with such rental payment, and after written notice from District so requesting, make all future rent payments to District by cashier's check, money order, or cash only, and if any such future payment is made in cash, shall deliver the same in person to District's business office at the address set forth in Section 3, as the same may be changed by District from time to time. 7. Security Deposit. Lessee has deposited with District the sum of One Thousand Dollars ($1,000.00) hereafter called (the "Deposit") as security for the full performance and observance by Lessee of each and all of the provisions of this Lease to be performed and observed by Lessee. District shall be entitled to use the Deposit or any portion thereof to remedy any default in payment of rent by Lessee, to clean the premises upon termination of this Lease, and to repair any damage to the premises resulting from Lessee's occupancy of the premises. District shall return to Lessee within three weeks after the latter of termination of this Lease or Lessee's vacation of the premises, the entire amount of the Deposit, without interest thereon, less only such sums as District is entitled to apply against unpaid rent, cleaning the premises, and/or repairing any damage thereto. District shall not be required to keep the Deposit separate from its general funds. Lessee may not apply the Deposit to rent due under this Agreement without District's prior written consent. If the Security Deposit is used during the term of the Lease as cited above, Lessee shall pay to District on demand the amount applied to restore the security deposit to its original amount. Ranch and Grazing Lease Page 3 8. Possessory Interest Tax. Lessee acknowledges that Lessee's interest in the Premises under this Agreement may now or hereafter be subject to a possessory interest tax imposed by the County of San Mateo in which the Premises are situated or by other lawful governmental authority. Lessee shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Agreement. Lessee shall promptly thereafter deliver to District written receipts or other reasonable evidence of the payment thereof. 9. Use. Subject to Section 25, the Premises shall be used by Lessee for the uses described hereinbelow, and for no other purpose without District's prior written consent. (a) Lessee is hereby authorized and entitled to graze up to sixty (60) animal units (for purposes of this Lease, a "animal unit" is defined as one of the following: yearling, steer, cow, cow with calf not exceeding a weight of 500 pounds, or bull). (b) Lessee shall provide a full time resident/caretaker, "ranch foreman", on the Premises. (c) Lessee shall be authorized and entitled to utilize all buildings and improvements on the Premises for "Ranching" purposes (for purposes of this Lease, "Ranching" shall include use of the residences for a live-in ranch foreman and/or caretaker and such foreman's or caretaker's spouse, and for personal residential use by Lessee and his spouse during the term of this Lease only; the barns and other structures shall be used for storage and/or used as an integral part of the ranching and grazing operation only). (d) Lessee shall be entitled to graze up to six (6) horses on the Premises and may use the stables and other buildings for keeping and caring for said horses. Lessee shall not board third party horses unless owned by the foreman, or caretaker. (e) Lessee shall prohibit dogs from the Premises, other than residence dogs used in the cattle operation, up to a maximum of three (3) dogs, and the like. Lessee will be responsible for restraining dogs when the District exercises Section 25(a). 10. Exceeding Grazing Capacity. The Premises shall be used by Lessee only for grazing those animals designated in Section 9 hereinabove. Lessee shall limit the number of livestock to be grazed upon the Premises so that the authorized number of animals shall not be exceeded. Should the Premises be grazed in excess of the authorized number of animals, Lessee shall, within ten days of receipt of written notice to do so, remove such number of livestock as are necessary to comply with the maximum capacity authorized by this Lease. In addition to all other rights which District may have or exercise under this Lease because of such over-grazing, Lessee shall pay to District promptly upon demand one hundred dollars ($100) per animal unit per month (or portion thereof) razed in excess of said authorized g Ranch and Grazing Lease Page 4 number, such amount being hereby agreed upon as the minimum damage to the ecological value District's open space lands from such excess usage. 11. Waste. Lessee shall not commit or suffer to be committed any nuisance or waste in or upon the Premises, and Lessee specifically agrees not to cause or permit the cutting of any trees (alive, dead, or downed) on or about the Premises other than as necessary for access or repair to fixtures or improvements, or perform any act or use which will in any way conflict with any law, statute, ordinance (including ordinances of District), code, or regulation now in force or which may hereafter be promulgated. Lessee will comply with reasonable regulations promulgated by District which may include, among other things: keeping gates closed and locked, protecting the wildlife, and protecting natural vegetation. The Lessee will not permit any dumping, grading, or filling of the Premises without prior consultation and written approval of District. Further, Lessee shall not hunt, fish, or trap or permit any hunting, fishing, or trapping upon the Premises. 12. Utilities. Lessee shall be responsible for any and all amounts payable for utilities and services supplied to the Premises. 13. Maintenance and Repair. Lessee accepts the Premises in "as is" condition. Lessee shall, at Lessee's expense, maintain the Premises and every part thereof in good, safe, and sanitary condition, order, and repair. (a) Lessee, at its own expense and in a timely manner, shall keep and perform all routine maintenance and repair on all buildings, perimeter and interior fences, roads, wells, springs, windmills, troughs, tanks, drains, gates, culverts, corrals, fixtures, and any other things on or about the Premises and without any alterations or additions except such as shall be first approved in writing by District. Lessee hereby waives all rights to make repairs at District's expense under the provisions of Section 1942 of the Civil Code of the State of California. In the event Lessee fails to perform such routine maintenance in a timely manner, Lessee will be subject to fines assessed by District. The amount of the fine will be limited to the cost that District has expended to correct Lessee's deficiency or negligence. (b) In addition to its routine maintenance responsibilities, Lessee shall be responsible for identifying Long Term Maintenance items, and notifying District of such items. ("Long-Term Maintenance", as used herein, shall mean any item of protection, preservation, maintenance, and repair of the Premises or any part thereof, including property and any and all appurtenant facilities, the recurrence of which is not anticipated within the twelve (12) month period following its completion). District may agree to perform such items of Long Term Maintenance or participate in the expense of such items, in whole or in part, at its discretion. Any items of Long Term Maintenance not deemed necessary by District or essential to District's ownership interest may be performed by the Lessee, at its own expense, with advance written approval of District. Ranch and Grazing Lease Page 5 14. Independent Contractors. In any agreement entered into between Lessee and any outside contractor(s) to perform work as required under this Lease, the following language shall be incorporated: "Contractor shall act as an independent professional and not as an agent of District. Contractor shall maintain complete control of its employee(s) and subcontractor(s), and nothing contained in this agreement or any subcontractor agreement shall create a contractual relationship between contractor or any subcontractor and District. Contractor shall perform all work in accordance with its own methods, subject to compliance with this agreement and applicable laws and regulations, and written supplemental instructions from District." Any agreements entered into by Lessee with contractors to perform work in accordance with this Lease must receive prior approval by District. 15. Pest Control - Lessee Responsibility. (a) Lessee shall, at his own cost and expense, comply with all Federal, State and County weed and rodent control programs. The following weeds and rodents shall be controlled by Lessee in accordance with its present practices and in accord with integrated pest management techniques approved by District, whether under the control of any program administered by the Federal Government, State, or County, or not: WEEDS Artichoke Thistle (Cynara Cardunculus), Purple Star Thistle (Centaurea Calcitrapa), Yellow Star Thistle (Centaurea Solstitialis), Bull Thistle (Cirsium Vulgare), Milk Thistle (Silybum Marianum). To control thistle, Lessee shall use Round-Up or such other chemical poison as District and Lessee shall agree in writing. If Lessee fails to comply with any Federal, State, or County weed or rodent control program, and District notifies Lessee in writing that such compliance is required, or if District, after an inspection of the range, notifies Lessee in writing of the necessity of control of the weeds hereinabove listed, and Lessee fails to do so in accordance with its present practices, District may, at its option and without further notification, take any necessary steps to effect adequate and appropriate control, the reasonable cost thereof to be paid by Lessee. (b) Parameters. District reserves the right to determine any and all parameters of pest species control including, but not limited to, the following: species, methods, equipment, chemicals, applications rate, timetable, follow-up and areas needing control. 16. Exclusion of Livestock from Riparian Zones.. It is understood that the Lessee shall, at all times, prevent livestock from roaming upon any and all riparian areas (streamside habitat). Riparian zones shall be defined as a minimum of 100 feet from the top of the bank of a freshwater stream. In no event shall livestock roam within 25 feet from said top of the bank of a fresh water stream. In addition, the Lessee shall install a cattle fence, at Ranch and Grazing Lease Page 6 the Lessee's expense,at or near the "holding pasture" to prevent cattle from roaming in or along the banks of any creek or stream. If the District observes livestock or evidence of livestock, such as: tracks or manure in riparian zones, the District will notify the Lessee of general location and the number of livestock in violation if known. If Lessee fails to remove roaming livestock within 24 hours of notification, the District may, at its option, immediately take an steps required to remove and/or impound the roaming livestock and charge the costs Y P q P g g thereof, including labor, materials and equipment, to Lessee, which costs Lessee agrees to pay to the District promptly upon demand therefor. The District will then follow up by notifying Lessee, in writing, of the facts pertaining to the incident. 17. Use of Hazardous Materials. Lessee is prohibited from applying, storing or disposing or otherwise permitting the application, storage, or disposal of any pesticide or hazardous substance upon the Premises without having first obtained written permission from District. Lessee is further prohibited from using or permitting the use of any pesticide or other hazardous substance (i) within 500 feet of any drinking supply reservoir; (ii) within the banks of any stream or tributary; (iii) in any other area on the Premises where such use has been expressly prohibited by District for any reason except where specific written authorization has been obtained from District. Lessee is further prohibited from using any pesticide or hazardous substance anywhere on the Premises in an unsafe or careless manner or in any manner that is contrary to the manufacturer's instructions as they appear on the label or are further modified by District. Lessee must satisfy any and all pesticide application permit requirements as may be required by Federal, State, or local regulations or agencies. In no case shall Lessee cause or allow the deposit or disposal of hazardous substance on the leased property. 18. Additions, Alterations and Improvements. Lessee shall not make or suffer to be made any alterations, additions, or improvements on the Premises or any part thereof, without the prior written consent of District. 19. Termination. (a) This Lease shall be subject to cancellation or termination by either party at any time during the term by giving the other party prior notice in writing at least ninety (90) days prior to the date when termination shall become effective. (b) A substantive breach by Lessee of any of the material terms, covenants, and conditions of this Lease shall warrant a sixty (60 day written termination notice issued by District to Lessee pursuant to Section 26 herein. 20. Holding Over. Any holding over after the expiration of the term, with the consent of District, shall be construed to be a tenancy from month to month on the same terms and conditions specified herein so far as applicable, provided, however, that District shall be free to increase the rent upon giving Lessee 30 day written notice. Ranch and Grazing Lease Page 7 21. Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 22. Indemnification and Liability Insurance. (a) Each party shall hold the other party harmless from and shall defend and indemnify the other party from and against any and all claims of liability for any damage to property or any injury or death to any person whatsoever when such damage, injury, or death shall be caused by the act, neglect, or fault of the party, or its officers, agents, or employees. Lessee agrees to defend and indemnify District against and hold District exempt and harmless from any damage to property or injury or death to any person arising from any acts or omissions of Lessee pursuant to this Lease or from the failure of Lessee to keep the Premises in good and safe condition and repair. District shall defend, indemnify and hold Lessee harmless from and against any claim, liability, or expense arising out of with the exercise by District of any rights reserved pursuant to section 25 hereof. This indemnity undertaken by Lessee shall extend to any actual or alleged negligence of Lessee, whether active or passive, and shall include all costs of defense including attorneys fees. (b) Lessee shall, at its sole cost and expense, obtain and maintain during the entire term of this Lease public liability insurance on the Premises with a single combined liability limit of at least one million dollars ($1,000,000). Said limits may be required to be increased upon notice from District at its reasonable discretion. District shall be named as an additional insured, and the policy shall contain a cross-liability endorsement. The insurance carrier shall waive the right to subrogation against District. District shall not be required to obtain any liability insurance with respect to the Premises; provided however, that to the extent such liability insurance may be maintained by District, Lessee's coverage shall be primary to District's. 23. Assignment and Subletting. Neither this Lease nor any rights or interest hereunder shall be transferred or assigned by Lessee voluntarily or involuntarily, nor shall the Premises or any portion thereof be sublet, nor shall Lessee permit the use of the Premises or any part thereof by any third party or parties for any purpose, nor shall this Premises or any interest therein be assignable by action of law, including bankruptcy (voluntary or involuntary) and no sheriff, trustee, creditor, purchase at any judicial sale, officer of any court, or any receiver shall acquire any rights under this Lease or to the use or possession of the Premises or any part thereof, unless the written consent thereto of District is first obtained. Lessee may not take for pasturage cattle belonging to a third party or parties. No such consent by District under this section shall constitute a waiver or discharge of the provisions of this section except as to the specific instance covered by such consent. Ranch and Grazing Lease Page 8 24. Comprehensive Property Damage Insurance, Damage or Destruction. District shall, at its sole cost and expense, obtain and maintain during the entire term of this Lease comprehensive property damage insurance on those structures on the Premises commonly referred to as the Main Residence, Garage/Truck Port, Red Haybarn, Foreman's Mobile Home Residence, and Tack Room with a liability limit of at least two hundred twenty five thousand dollars ($225,000). The insurance carrier shall waive the right to subrogation against Lessee. In the event that structures on the Premises are damaged, District shall, to the extent of any insurance, repair the same. Except as provided herein, District shall have no obligation to repair or maintain any part of the Premises. If Lessee maintains insurance on any structures on the Premises which are damaged or destroyed, he shall use the proceeds thereof to repair same. Additionally, if both parties agree that any damaged or destroyed structure on the Premises is not to be repaired, District and Lessee shall be equally responsible for removal of debris and for returning the area to a clean, safe and sanitary condition. 25. Non-Exclusive Use. District, its officers, agents, and employees shall have the right to enter on the Premises at any time during the Lease. This may be for planning purposes or to inspect the Premises, to insure Lessee's compliance with the terms of this Lease and in connection with its supervision and patrolling of surrounding lands owned by District, which are not a part of the leased Premises. (a) District, and members of the public authorized by District, shall be entitled to pedestrian and equestrian access across the Premises and to use the Premises for hiking, picnicking, and horse back riding in accordance with reasonable guidelines as shall be established by mutual agreement of District and Lessee with the purpose of minimizing interference with Lessee's cattle operation or reasonable enjoyment of the Premises. District will be required to give twenty four (24) hours notice to Lessee or ranch foreman of such access. (b) District also hereby reserves the right to routinely patrol the leased Premises to monitor the property, and enter the property for planning purposes. (c) The Lessee understands that in the future District may wish to construct a public trail through the Premises, and District reserves the right to enter the Premises for the purpose of determining the most desirable location for such public trail. (d) The Lessee understands that the public has the right to use and access Old Searsville Road/Seale Ranch Road, a public road, at the southern end of the Premises. (e) The Lessee understands that members of the public authorized by the District, shall be entitled to hike the existing trails and roads of the Premises. Access shall be permitted at the southern end of the Premises. District will be required to give twenty four (24) hour notice to Lessee or ranch foreman of such access. Ranch and Grazing Lease Page 9 (f) District does also hereby reserve and retain for itself and all its successors or assigns the right to use or cause to be used all or any portion of the Premises for the purpose of: planting and caring for trees, wildlife habitat enhancement, soils conservation, constructing erosion control structure, construction, maintenance, and use of the roads. 26. Default by Tenant. (a) The occurrence of the following shall constitute a material default and breach of this Lease by Lessee: A failure by Lessee to pay rent or to observe and perform any other material provision of this Lease to be observed or performed by Lessee. (b) In the event of any such default by Lessee, then in addition to any other remedies available hereunder to District or at law or in equity, this Lease and all rights of District hereunder shall be terminated upon delivery by District of notice of such termination to Lessee. District shall provide Lessee with written notice of termination at least sixty (60) days prior to the date the termination is to become effective. Upon such termination, District may recover from Lessee all amounts necessary to compensate District from all the detriment proximately caused by Lessee's failure to perform Lessee's obligations under this Lease or which in the ordinary course of things would be likely to result therefrom. District shall also have the right, upon termination of this Lease, to reenter the Premises and remove all persons, animals, and property from the Premises. Such animals and property may be removed and stored elsewhere at the cost of and for the account of Lessee. 27. No Relocation Rights. Upon expiration or sooner termination of this Lease, Lessee shall vacate the Premises and surrender possession thereof to District. In conjunction therewith, Lessee hereby waives any and all rights to, and releases District from any and all claims for, relocation benefits and/or relocation payment to which Lessee might otherwise be entitled pursuant to California Civil Code Section 7260 et set., and any similar or successor statutes, and Lessee agrees to indemnify District against any such claims. 28. Notices. All notices, demands, requests, or consents given hereunder by either party to the other, shall be made in writing and shall be deemed sufficiently given and served upon the other party seven (7) days after the mailing date if sent by first class mail, certified or registered, return receipt requested, postage prepaid, and addressed to the party as follows: (a)Lessor: Midpeninsula Regional Open Space District Attn: Michael Williams 330 Distel Circle Los Altos, CA 94022-1404 Phone (415) 691-1200 Ranch and Grazing Lease Page 10 (b)Lessee: William D. McDonald 2030 Vallejo Street San Francisco, CA 94123 Phone (415) 747-9797 or to such other address as either party may have furnished to the other as a place for the service of notice. 29. Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. Acceptance of rent pursuant to this Lease shall not constitute a waiver of any preceding default by Lessee other than default in the payment of the Particular rent payment accepted. 30. Attorney's Fees. If an action shall be instituted to enforce this Lease, the prevailing party shall be entitled to recover reasonable attorney's fees as affixed by the Court. 31. General. (a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Lessee, and it may not be modified orally or in any manner other than by a writing signed by both of the parties to this Lease or their respective successors in interest. (b) Each term and each provision of this Lease to be performed by Lessee shall be construed to be both a covenant and a condition. (c) If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (d) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, administrators, executors, successors, and assigns of the parties. (e) The section headings of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. (f) If District sells or transfers all or any portions of the Premises during the term of this Lease, then District, upon consummation of such sale or transfer, shall be Ranch and Grazing Lease Page 11 released from any liability thereafter accruing under this Lease for the obligations of District hereunder, provided District's successor in interest has assumed in writing, for the benefit of Lessee, the obligation of District hereunder. (g) This Lease shall be governed by and construed in accordance with the laws of the State of California. (h) Time is of the essence as to each and all of the provisions of this Lease. IN WITNESS WHEREOF, District and Lessee have executed this Lease the day and year first above written. LESSOR: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district L. Craig Britton, General Manager Dated: LESSEE: William D. McDonald Dated: -At At- rY Q - / ' "n' �1 /\•v +�� >ae 414 ILI ^ ,r�u�u : i.l• ' i /,`��!, I NLI•.�% �. to ! � .: -1 �i. '=j. � •�; •„• ,, �4� �'' `)cy EL �`....��, ,y �: � I\• i � ,. � , •1 111 -♦ � .$ •�.�f- .i• ♦ .r. , !�. �•'I .,, • I >, f,i I rl, , �(/, •'. � .'l i•r• ( r •�tY�' 1, ll�'t♦Ire to , 11 • /� .- � y;�l�•a us••• ��•._... .`.I �•� r: `. ILI '. :� 1I.1, 11 I)�.) `� .'� *. t•�L'``l •. •�•n �' (r7aC I ry ^�::, �., �I�:,... I ; i m f• uJ CIA . 1'• y' 1 i�... " 'r v .;H,,. 'irk:, _ • _ .. , I`. Q,�1 �_ _.�'�' �• I 1 ! "'r .[ r:l•'•a, '/•q .'1�' -rhla--_...ter:�•-ice I `�(,f !: 111 ' �:� ,•� .� 0( � � -" (I �. r" I `�' 'I . rY II ; r \ r l r I _ uJ "in I \�• nl i .!•i O '�':f, '',,, r r . \t. /1 11J / I ��,� 1•-� •J ,L.. - -� .�. co In ' I III j` (�U IU ! I y � 1I�� '` �. • I1 f � '..' r. In _ �{CL w , I 1 - mi l �J lu cy uj V7 I �r.: ice. �• •�-� 11J' I . •J 1 , S itt .` ,(- •�• : ,�,: + �"� � . • '1.11 � !. •,, 1l• .ti_1. I ,1�j� � ., In•• I /cal .: "' a `111 ., ! 1 ,i` b.purr� ,, 1. '. � -I ,./ �,• .. :/. ( 1�l I •r �'11 - 1 .�' 1, '� .r.l • �a.t.� .�, . 1 l I 11 I Ill 1 V j '\� `i �'f ��: •��-s� '+.. r -�..i" , ..:I / --/ . ':;�, .:� :i :7• 1 1 1)Ilrl "+'I+1,0'xy '•n•\ A .::; \ •�• 't�l I �/ . � , I ��•+•' '! :. ' f ,f/ ' �- rl' [� �� •• ' ' ll'` �� 1 ,r tsY .r� �_ •, y i I �.• 1 /' .•fit• ,� . r' c � , ', ! '• I J ,,a 1' ` ' •. I _ ...__•�• Y ' .. r• .' ifii,IN:I:_.4•+ r. i ....._U•- tr�;l, 'l - `,`' i , +' I` I•....` 1•V, `'",l��r �J ' 1 1 �`...••� ti t I OVll/ i n; II `) 1 J' I �. ��. 1 is /__I , �.• IM l ' °i � , PARCEL 1 : The Southeast one-quarter ( 1/4 ) of Section Three ( 3 ) Township 7 , South Range 4 West , Mount Diablo Base and Meridian . PARCEL II : The Northeast one-quarter ( 1/4 ) of the Southwest one-quarter ( 1/4 ) of Section Three (3 ) Township 7 , South Range 4 West , Mount Diablo Base and Meridian . PARCEL III : The Northeast one-quarter ( 1/4 ) of Section Three ( 3 ) Township 7 , South Range 4 West , Mount Diablo Base and Meridian . EXCEPTING THEREFROM a strip of land of uniform width of 475 .00 feet lying Southerly of and adjacent to the North line of said Northeast one-quarter ( 1/4 ) of said Section Three ( 3) . PARCEL IV: BEGINNING at the point of intersection of the South line of Section 2 , Township 7 South , Range 4 West , Mount Diablo Base and Meridian , with the centerline of the La Honda Creek ; thence along the center of said La Honda Creek of which the following courses and distances are along or near said Creek center , North 800 West 30 .25 feet ; North 15-1/2* West 75 .4 feet ; North 41-1/40 East 118 .0 feet ; North 62* West 207 . 9 feet ; North 41-3/4* West 57 .5 feet ; North 50 East 143 .2 feet ; North 2-1/20 East 104 . 1 feet ; North 36- 1/20 West 122 . 1 feet ; North 360 West 203 . 1 feet ; North 24-3/4* West 171 .7 feet ; North 360 West 176 . 1 feet ; North 80 051 East 302 . 9 feet ; North 340 West 218 . 1 feet ; North 6-1/40 West 213 . 1 feet ; North 20-1/20 West 117 . 1 feet ; North 35-1/20 East 164 . 1 feet ; North 13- 1 /2* East 132 .8 feet ; North 90 East 156 . 1 feet ; North 6-1 /40 West 362 . 1 feet ; North 5-1/4 * West 74 . 1 feet ; North 36-1/40 East 394 .9 feet ; North 50-1/4* East 84 .5 feet ; North 3-1 /46 East 146 .5 feet ; North 34-3/4* East 76 .4 feet ; North 330 East 70 .9 feet ; North 25-1/40 East 98 .3 feet ; North 240 East 98 .9 feet ; North 60-3/40 East 63 .9 feet ; North 61-1/20 East 188 .9 feet ; North 69- 1/2* East 105 . 1 feet ; North 10 East 99 . 1 feet ; North 26-1/4* East 214 . 1 feet ; North 24-1/2* West 61 . 1 feet ; North 150 East 105 . 1 feet ; North 810 East 61 .9 feet ; North 81- 1/20 East 215 .9 feet ; North 9-3/40 East 113 feet ; North 54-1/2* East 150 .7 feet ; North 540 351 East 113 .9 feet ; North 66- 1/20 East 101 .9 feet ; North 73-1/40 East 101 .1 feet ; North 58-3/40 East 20 feet to a point in said creek 475 .0 feet due South from the North line of Section 2 , Township 7 South , Range 4 West ; thence leaving said Creek , West and parallel with the Northerly line of said Section 2 , a distance of 2030 .0 feet to the West line of said Section 2 ; thence South on said West line of Section 2 , a distance of 4552 .0 feet to the South line of said Section 2 ; thence East 1016 .0 feet along said South line of Section 2 to the center line of the La Honda Creek and the point of beginning . CONTAINING 79 .7 acres , more or less , and being a portion of the West 1/2 of Section 2 , Township 7 South , Range 4 West . - EXHIBIT - Page �of PARCEL V: The Southeast one-quarter ( 1/4 ) of Section Thirty-four ( 34) Township 6 , South Range 4 West , Mount Diablo Base and Meridian . PARCEL VI : The following described land situate in the South one-half ( 1/2) of Section 35 , Township 6 , South , Range 4 West , Commencing at the point of intersection of the south line of Section 35 with the centerline of La Honda Creek ; thence West on said Section line 2755 .5 feet to the West line of Section 35 ; thence North on said West line of Section 35 to the centerline of said Section ; thence due East 1800 feet to the timber line ; thence along the timber line the following courses and distances : south 69* East 455 feet ; South 46-3/40 East 277 feet ; south 38-3/49 East 200 . 1 feet ; South 79-1/2* East 463 .6 feet ; South 44-1/20 East 321 .9 feet ; South 76-3/40 East 104 feet ; South 22-3/40 West 93 feet ; South 350 West 448 feet ; South 45-1/20 West 306 .4 feet to a point due West of the Junction of the La Honda Creek and the Langley Creek of Gulch ; thence East 684 .4 feet to the Northwesterly corner of the lands of Liebes ; thence along the Westerly boundary line of said land south 46* 141 West 457 .5 feet and South 280 26 ' East 269 .77 feet to the centerline of the La Honda Creek ; thence along the center of said La Honda Creek , of Which the following courses are along or near the center of said creek , South 41* West 172 .2 feet ; South 41 -1/20 West 178 . 1 feet ; South 80 West 108 . 1 feet ; South 47-1/2 ' West 112 .6 feet ; South 850 West 119 . 1 feet ; South 39* West 91 .2 feet and South 50-1/40 West 58 feet to the South line of Section 35 , and the point of commencement , Being portions of the Southwest 1 /4 and the southeast 1/4 of Section 35 , Township 6 South , Range 4 West , Mount Diablo Base & Meridian . PARCEL VII : The following described land situate in Township 7 South , Range 4 West , commencing at the point of intersection of the North line of Section 2 , with the center of the La Honda Creek; thence West on said Section line 2755 .5 feet to the West line of said Section 2 , and continuing West on the North line of section 3 , 2640 feet to the center of Section 3 ; thence South on the West line of the Northeast 1/4 of said section 3 , 475 feet ; thence Easterly and parallel with the North line of Section 3 , 2640 feet to the East line of Section 3 , and continuing Easterly and parallel with the North line of Section 2 , 2030 feet to the center of La Honda Creek ; thence along the center of said La Honda Creek of which the following courses are along or near the center of said Creek , North 58-3/4* East 69 . 1 feet ; North 59-1/40 East 183 .7 feet ; North 45-1/4* East 174 . 1 feet ; North 63-1/40 East 202 .5 feet ; North 63- 1/20 East 157 . 6 feet ; North 50-1/4* East 98 feet to the North line of Section 2 , and the point of commencement . Being portions of the Northeast 1/2 of section 3 , the Northwest 1/4 of Section 2 and a small triangular portion of the Northeast 1/4 of Section 2 all in Township 7 South Range 4 West . E-XIIi i 51 T Page of PARCEL VIII : COMMENCING at the point of intersection of the North line of Section 2 , Township 7 South , Range 4 West , with the centerline of the La Honda Creek ; thence East on said North line of Section 2 , 1272 .9 feet to a point at the Southwest corner of the lands of Liebes ; thence South 0* 461 West 23 . 89 feet to the centerline of the County Highway ; thence Easterly along the centerline San Mateo County Highway to the point of intersection of the centerline with the North line of Section 2 ; which point of intersection is known as Station 159 plus 34 . 88 of Route 6 , Division 2 , section 2 , of said San Mateo County Highway ; thence East on said North line of Section 2 , 480 feet , more or less , to the Northeast corner of said Section 2 ; thence South on the East line of Section 2 , 1550 feet , more or less , to the center of a gulch , known as weeks Creek , which is the Northerly boundary of a tract of land containing 48 . 82 acres , now the property of E . L . Brown , formerly that of A .R. and S .C . Kirkpatrick ; thence Westerly along the centerline of said gulch to the Easterly line of said San Mateo County Highway ; thence continuing Southwesterly along the center of Weeks Creek 3000 feet , more or less , to the Junction thereof with the Spanish Ranch Creek ; thence down the center of said Weeks Creek , South 88-1 /4* West 147 .9 feet ; thence South 340 West 119 . 1 feet ; thence South 49-3/40 West 74 . 1 feet ; South 210 19 ' West 88 .8 feet ; North 62-1/40 West 81 . 1 feet ; due West 64 feet and South 50-3/40 West 88 feet to a point on the Northerly bank of said Weeks Creek ; thence leaving said Creek North 880 201 West 1097 . 15 feet to the centerline of the La Honda Creek ; thence up stream along the center of the La Honda Creek of which the following courses are along or near the center of said creek ; North 360 West 203 . 1 feet ; North 24-3/4* West 271 . 1 feet ; North 360 West 176 . 1 feet ; North 80 51 East 302 .9 feet ; North 34* West 218 . 1 feet ; North 6-1/40 West 213 . 1 feet ; North 20-1/40 West 117 .1 feet ; North 35-1/2 ' East 164 . 1 feet ; North 13-1/20 East 132 .8 feet ; North 90 East 156 . 1 feet ; North 6-1/40 West 362 . 1 feet North 5-1/4* West 74 . 1 feet ; North 36-1/41 East 394 .9 feet ; North 50-1/40 East 84 .5 feet ; North 3-1/4* East 146 .5 feet ; North 34-3/40 East 76 .4 feet ; North 330 East 70 .9 feet ; North 25-1/40 East 98 .3 feet ; North 24* East 98 .9 feet ; North 60-3/40 East 63 .9 feet ; North 61 -1/20 East . 188 .9 feet ; North 69-1/20 East 105 . 1 feet ; North 10 East 99 . 1 feet ; North 26-1/40 East 214 . 1 feet ; North 24-1/20 West 61 .6 feet ; North 150 East 105 . 1 feet ; North 81 * East 61 . 9 feet ; North 81- 1/20 East 215 .9 feet ; North 9-3/4* East 113 feet ; North 54-1 /20 East 150 .7 feet ; North 540 351 East 113 .9 feet ; North 66- 1/2* East 101 .9 feet ; North 73- 1 /4 East 101 . 1 feet ; North 59-3/4* East 89 . 1 feet ; North 59-1 /40 East 183 .7 feet ; North 45- 1/40 East 174 . 1 feet ; North 63- 1/40 East 202 .5 feet ; North 63-1/20 East 157 .6 feet and North 50-1/40 East 98 feet to the North Line of Section 2 and the point of beginning , being portion of Section 2 , Township 7 , South , Range 4 West , M.D .B. & M. EXCEPTING THEREFROM that certain strip of land granted by Rena I . Fry to the County of San Mateo for the purposes of widening the Redwood City-Pescadero Road to a width of 100 feet . EXHIBIT B pace �of ALSO EXCEPTING THEREFROM property conveyed by Deed from Jack A . Class and Marion P . Glass , his wife , to William Glass , dated October 24 , 1947 and recorded October 29 , 1947 under File No . 95871-G , described as follows : COMMENCING at the point of intersection of the Westerly line of La Honda Highway , San Mateo County , Route #28 , leading from La Honda Vista to Woodruff Creek with the centerline of a small gulch leading through a culvert under said road located approximately at Station 549+25 of said highway , said culvert and station being approximately 2 .74 miles Southwesterly from the intersection of said highway with the Skyline Boulevard ; thence from said point of commencement Westerly down the centerline of said small gulch to the intersection thereof with the centerline of La Honda Creek ; thence Northerly up the center line of said La Honda Creek to the intersection thereof with the dividing line between Section 35 , Township 6 , South Range 4 West , M.D .B. M. and Section 2 , Township 7 South , Range 4 West , M.D .B. a M. ; thence leaving the said center line of La Honda Creek and continuing Easterly along the said dividing line between said Section 35 and said Section 2 , which is the Southerly line of the 6 .55 acre parcel of land now or formerly of R. Lockey , et al , to the point of intersection thereof with the aforesaid Westerly line of the aforesaid highway ; thence Westerly and Southwesterly along the said Westerly line of the said highway to the point of coximencement . ALSO EXCEPTING THEREFROM property conveyed by Deed from Jack A . Glass and Marion P . Glass , his wife , to Lew Saylor and Beverly Saylor , his wife , dated January 31 , 1948 and recorded July 13 , 1948 under File No . 41012H , described as follows : COMMENCING at the point of intersection of the Easterly line of La Honda Highway , San Mateo County Route *28 ; leading from La Honda Vista to Woodruff Creek with the North line of Section 2 , Township 7 South , Range 4 West , M.D .B. & M. ; thence Easterly along said North line of Section 2 to the point of intersection thereof with the centerline of the Old La Honda Road ; also known as the Rocky Point Road; thence Southwesterly along the said centerline of the Old La Honda or Rocky Point Road spl.,roximately twenty-six hundred feet to the point of intersection thereof with the Easterly line of the New La Honda Road ; thence Northeasterly along the said Easterly line of the new La Honda Road to the point of intersection thereof with the centerline of the abandoned curve of the 1914 new La Honda Road; thence following Easterly and Northeasterly along the centerline e of the 1914 new La Honda Road to the point of the intersection - thereof with the Easterly line of the new La Honda Road ; thence along said Easterly line of said Road to the point of commencement . EXCEPTING THEREFROM property conveyed by Deed from Jack A. Glass and Marion P . Glass , his wife , to Ralph Stokes and Betty Stokes , his wife , dated February 2 , 1951 and recorded March 5 , 1951 in Book 2032 of official Records at page 483 , Records of San Mateo County , California , described as follows : EXH.i r,IT P a S.e -5co f BEGINNING at the corner common to Sections 1 and 2 , Township 7 South , Range 4 West , and Sections 35 and 36 , Township 6 South , Range 4 West , and running thence South along the lines dividing said Sections 1 and 2 , 1100 feet ; thence West 700 feet , more or less , to the Easterly line of The Old La Honda County Road; thence Northeasterly along the Easterly line of said Road to its intersection with the line dividing Section 2 , Township 7 South , Range 4 West , from Section 35 , Township 6 South , Range 4 West ; thence Easterly along said dividing line , 100 feet , more or less , to the point of beginning,. EXCEPTING THEREFROM property conveyed by Boundary Line Agreement by and between Curtis V . Williams and Edith C. McDonald dated February 4 , 1980 and recorded March 25 , 1980 in Book 7947 at Page 1785 and lying generally Northerly and Easterly of the following described line : BEGINNING at the corner of common to Sections 1 and 2 , Township 7 South , Range 4 West and Sections 35 and 36 , Township 6 South , Range 4 West , and running thence South along the line dividing said Sections 1 and 2 , 1100 feet ; thence West 700 feet to the true point of beginning of the herein described common boundary line ; thence from said true point of beginning North 210 451 29" West 671 .54 feet ; North 530 351 44" West 156 .65 feet and South 560 411 38" West 244 .81 feet to a point on the Easterly boundary of the old La Honda Road ( 60 feet wide) and the terminus of this common boundary line . EXCEPTING THEREFROM, any portion of said Parcel VIII that lies Easterly of the Easterly line of La Honda Road . PARCEL IX : BEGINNING at the Southeast corner of Section 2 Township 7 Souti. , Range 4 West , Mount Diablo Base and Meridian ; thence North 25* East 505 .0 feet to a point in a fence line 215 .0 feet East of the East line of said Section 2 ; thence North along said fence line 720 .00 feet to the center of the Spanish Ranch Creek or Gulch ; thence down the center of said creek or gulch , West 215 .0 feet ; South 82-1/20 West 425 .0 feet ; South 49-1/20 West 560 .0 feet ; South 25-1/20 West 285 .0 feet ; South 39-1/20 West 195 feet ; South 69* West 560 .0 feet ; North 660 West 95 .0 feet ; North 520 West 920 feet ; North 59* West 250 feet ; North 69-1/2* West 150 .0 feet ; North 38-1/20 West 210 .0 feet to the junction of said Spanish Ranch Creek with the centerline of Weeks Creeks ; thence down the center of said weeks Creek , South 88-1/40 West 147 .9 feet ; South 230 West 119 . 1 feet ; South 49-3/40 West 74 . 1 feet ; South 210 19 ' West 88 .8 feet ; North 62-1/40 West 81 . 1 feet ; West 64 feet and South 50-3/40 West 88 feet to a point on the Northerly bank of said weeks Creek ; thence leaving said Creek North 880 zo , West 1097 . 15 feet to the centerline of the La Honda Creek ; thence down stream along the center of the La Honda Creek of which the following courses and distances are along or near the center of said creek ; South 36-1/20 East 122 . 1 feet ; South 2-1/20 West 104 . 1 feet ; thence South 50 West 143 .2 feet ; South 41-3/40 East 57 .5 feet ; South 620 East 207 .9 feet ; South 41-1/40 West 118 .8 EXHIBIT_ Pz-e OPM-4. V iilL feet South 15-1/20 East 75 .4 feet ; South 80* East 30 .25 feet and South 21-3/40 East along the San cregorio Ranch Grant line 271 . 9 feet to the South line of Section 2 , Township 7 South , Range 4 West ; thence East along the South line of said section 2 , a distance of 4158 .0 feet to . the Southeast corner of said Section 2 and the point of beginning-,: ' CONTAINING 79 .0 acres , more or less , and being portion of the South 1/2 of Section 2 , Township 7 South , Range 4 West , Mount Diablo Base and Meridian . EXCEPTING THEREFROM that certain land described as follows : BEGINNING at the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 2 , Township 7 South , Range 4 West , Mount Diablo Base and Meridian ; thence North 578 . 8 feet ; thence North 83* 53 ' West 100 feet ; thence North 700 551 West 89 .8 feet to the true point of beginning ; thence North 135 feet ; thence South 810 051 West 146 .4 feet ; thence South 184 .2 feet to a point which intersects the San Mateo Highway survey at Station No . 242 plus 49 .76 Route No . 6 , Division 2 , Section 2 ; thence North 540 101 East 100 feet ; thence North 780 081 East 65 feet to the true point of beginning . ALSO EXCEPTING THEREFROM that certain land described as follows : BEGINNING at the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of Section 2 , Township 7 South , Range 4 West , Mount Diablo Base and Meridian ; thence North 578 .80 feet ; thence North 83* 53 ' West 100 feet ; thence North 700 551 West 89 .80 feet and North 135 feet to the true point of beginning , said true point of beginning being the Northeasterly corner of the lands described in Deed from Standard oil Company of California , a corporation , to George R . Steinberg and wife , dated November 2 , 1931 and recorded January 20 , 1932 in Book 548 of Official Records at page 301 ; thence South 810 051 West along the Northerly line of said lands , 146 .4 feet ; thence along Westerly line of said lands , South 120 feet to a point on the Northwesterly line of the San Mateo County Highway , from which point a concrete monument set in the Northwesterly line of said San Mateo County Highway , opposite Engineer 's Station 602 plus 34 . 10 bears North 64* 481 East 53 . 11 feet ; thence along said Northwesterly line of said Highway , South 640 48 ' West 71 .84 feet ; thence leaving said highway line and running , North 295 .60 feet ; thence North 81 * 051 East 222 . 32 feet ; thence South 246 . 13 feet to a point on a curve in the Northerly lien of the San Mateo County Highway; thence along said Northerly line in a Westerly direction on a " curve to the left with a radius of 350 feet , through an arc of 010 39 ' 22- 1/2" for a distance of 10 . 16 feet to a point on the Easterly line of Steinberg before mentioned ; thence North along said Easterly line 90 .73 feet to the true point of beginning . CONTAINING 1 . 00 acre , more or less . EXHIBIT Pace —&—of ALSO EXCEPTING THEREFROM that certain land described as follows : BEGINNING at the Southeast corner of Section 2 , Township 7 South , Range 4 West ; thence North 25* East 505 .00 feet to a point in a fence line 215 .0 feet East of the East line of said Section 2; thence North along said fence line 720 .0 feet , more or less , to the center of "Spanish Ranch" Creek or Gulch; thence down the center of said gulch or creek to the Easterly line of the County Road from Woodside to La Honda ; thence in a Southerly and Southwesterly direction along Easterly and Southeasterly line of said road to its intersection with the Southerly line of said section and thence Easterly along the Southerly line of said section to the point of beginning . ALSO EXCEPTING THEREFROM lands described in the Deed from Percy R . Weeks to County of San Mateo , dated September 15 , 1933 and recorded October 11 , 1933 in Book 606 of Official Records at page 116 , Records of San Mateo County , California (File No . 31341-C) . ALSO EXCEPTING THEREFROM the lands described in Parcel Three of Final Order of Condemnation rendered September 2 , 1959 in the Superior Court of the State of California , in and for the County of San Mateo , Case No . 85067 , entitled "County of San Mateo , a political subdivision of the State of California , plaintiff vs . Rena I . Fry , et al , defendants" . A certified copy of which was recorded September 2 , 1959 in Book 3666 of Official Records at page 507 . (File No . 83879-R) . A .P . No . : 078-280-010 JPN 078 028 280 01 A 078-280-020 078 028 280 02 A 078-280-030 078 028 280 03 A 078-260-020 078 026 260 01 A 078-260-040 078 026 260 02 A 078-260-050 078-260-060 078- 140-090 EK"H11 B IT f Open Space R-95-60 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-09 April 26, 1995 AGENDA ITEM Retroactive Approval of $680 Claim Against District for Rent of Bicycle GENERAL MANAGER'S RECOMMENDATION _ rI 1. Approve, retroactively, the property damage claim of $680 t Hans Siem for replacement of his bicycle. 2. Direct legal counsel and staff to prepare a property damage claim authorization policy for your consideration and approval. DISCUSSION On April 11, 1995, Mr. Hans Siem of Berlin, Germany was riding his bicycle at Purisima Creek Redwood Open Space Preserve. District staff were clearing landslides on the trails at the preserve on that date, utilizing the District's small Bobcat tractor. A staff member was "spotting" for the tractor operator, warning preserve users that trail work was in progress ahead and that they should alert the tractor operator before passing on the trail. Mr. Siem proceeded on the trail, attempting to get the operator's attention. The tractor operator, unaware of Mr. Siem's presence, backed up and in the process damaged Mr. Siem's bicycle. Immediately upon learning of this incident, District supervisors began an investigation of this property damage accident and issued new interim field procedures. Additional procedures are being prepared. Operations Manager J. Escobar worked with Mr. Siem on settling his property damage claim, checking with a local bicycle shop on the costs to replace the bicycle and the amount of time required to repair the bicycle. Mr. Siem's damaged bicycle could not be repaired f prior o his return to German on April 15. Therefore a check in the amount o $680 was t P Y P issued to Mr. Siem on April 14 so that he could replace his bicycle prior to leaving the P P Y P g country. The District kept the damaged bicycle. The District does not have a specific policy for the submission and approval or disapproval of such claims against the District. Such a policy should be prepared for your review and consideration. Such a policy could provide the general manager with the authority to resolve small claims under a specified amount so that these matters could be resolved quickly and would not need to be placed on the Board agenda. In light of this unfortunate incident at Purisima Creek Redwoods Open Space Preserve and the timing of Mr. Siem's return to Germany, staff felt the most appropriate and expedient action was to approve the claim and seek your retroactive approval at the next regular Board meeting. Prepared by: Jean H. Fiddes, Administrative Services Manager Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 Phone:415-691-1200 - FAX:415-691-0485 * E-mail: mrosdanetcom.com C? Board of Direoore:Pete Siemens,Mary C. Dovey,Teena I ienshaw,Ginny Babbitt, Nonette Harnko,Betsy Crowder,Win)de Wit General Mama, yr t.Craig Britton Claims No. 95-08 Meeting 95-09 Date: April 26, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Name Description 7549 275.00 Aaron's Septic Tank Service Sanitation Service 7550 445.84 Acme &Sons Sanitation Sanitation Service 7551 362.76 AT&T Telephone Service 7552 250.00 Bay Area Bobcat Class Registration-S. Covarrubias 7553 i 5 a.Go- Beck's Shoes Inc. Uniform Expense 316.00 7554 54.74 Bishop Company Safety Supplies 7555 3,500.00 Boley Consulting Engineers Engineering Service 7556 475.00 Louis Bordi Grading Service 7557 828.48 Breon, O'Donnell,Miller et al Legal Services 7558 55.00 California Park & Recreation Society Advertising 7559 576.01 BTK & D Redwood Office Supplies 7560 227.54 California Water Service Company Water Service 7561 270.00 •1 CAPIO Reimbursement--Registration and Membership Dues--M.Smith 7562 45.00 Mabel Crittendon Docent Training 7563 140.00 Cupertino Chamber of Commerce Membership 7564 65.00 Decatur Electronics, Inc. Service Radar Unit 7565 1,799.65 Design Concepts Design Production Projects 7566 1,050.00 Enshallah Developments, Inc. Consulting Services 7567 14.00 Federal Express Mailing Expense 7568 62.16 Jean Fiddes Private Vehicle Expense 7569 149,421.39 Flinn, Gray& Herterich 1995-1996 Insurance 7570 43.18 G & K Services Shop Towel Service 7571 72.54 Gibson Studio Prints 7572 141.66 Goodco Press Incorporated Printing 7573 45.00 Keith Guitterrez Docent Training 7574 228.42 Honeywell Inc. Burglar Alarm 7575 105.00 Linda Hyman Reimbursement--First Responder Class 7576 55.77 Hyster Sales Company Vehicle Equipment 7577 57.98 Ed Jones Uniform Expense 7578 900.00 Killroy Pest Control, Inc. Pesticide Service 7579 652.72 Lanier Worldwide, Inc. Office Supplies 7580 238.13 McGrath RentCorp Skyline Office Rental 7581 904.29 MetroMobileCommunications Radio Repair and Parts 7582 62.60 Micro Bio-Medics Inc. First Aid Supplies 7583 134.77 Moffett Supply Company Sanitation Supplies 7584 2,341.70 Murray& Murray Legal Services 7585 45.00 Roger Myers Docent Training 7586 1,231.01 Navarone Industries, Inc. Additional Charges-Mass Mailing of Visitor Maps 7587 75.00 Northern Energy Tank Rental 7588 941.35 Pacific Bell Telephone Service 7589 139.00 Padgett Thompson Seminar Registration-D. Dolan 7590 63.03 Peninsula Blueprint Maps 7591 90.99 Pilarcitos Quarry Baserock 1 Urgent Check Issued April 14, 1995 Page 1 Claims 95-08 Meeting 95-09 Date: April 26,A95 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7592 267.33 PIP Printing Brochures 7593 29.11 Precision Engravers, Inc. Field Supplies 7594 32.50 Rayne Water Conditioning Water Service 7595 41.81 Reed & Graham, Inc. Road Patch 7596 488.29 Rhus Ridge Road Associates Garbage and Road Maintenance Fees 7597 2,243.24 Roy's Repair Service Vehicle Service and Repair 7598 1,043.59 Russ Enterprises, Inc. Signs 7599 167.03 Safety-Kleen Corp. Solvent Tank Service 7600 117.00 San Francisco Newspaper Agency Subscription 7601 104.00 David Sanguinetti Reimbursement—Field Supplies 7602 255.00 Santa Clara County Department of Fuel Tank Storage Permit Environmental Health 7603 7,337.88 Seafirst Bank Note Paying Agent Fees 7604 3,800.00 E.R. Sheehan Trail Construction 7605 382.30 John Shelton, Inc. Field Supplies 7606 680.00 *2 Hans Siem Bicycle Replacement 7607 63.75 Skyline County Water District Water Service 7608 42.50 Malcolm Smith Reimbursement--Professional Dues 7609 25.26 Stevens Creek Quarry Baserock 7610 146.60 The Stove Works Chimney Repair 7611 :1811.09 Teater & Etc. Maps 777.52 7612 1,310.00 U.S. Rentals Equipment Rental 7613 232.00 *3 Wesco Shoe Company Uniform Expense 7614 277.50 Whitmore, Johnson & Bolanos Legal Services 7615 27.00 Woodside Union 76 Fuel 7616 52,661.79 Universal Printing Company District Visitor Maps 7617 170.82 Yardbird Equipment Sales Equipment Repair 7618 164.25 *4 4-Wheel Parts Wholesalers Vehicle Part 7619 100.00 Los Altos Chamber of Commerce Fact Sheet Inserts 7620 85.00 Times an Intemational, Inc. Computer Software 7621 222.44 Petty Cash Local Meeting Expense, Field and Office Supplies, Film and Developing, Docent and Volunteer Expense *2 Urgent Check Issued April 14,1995. *3 Urgent Check Issued April 14,1995. *4 Urgent Check Issued April 17,1995. Page 2 Claims No. 95-08 K8eetng95-OS Dote: April 2G. 1Q06 k8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT Name Description 7549 275.00 Aaron's Septic Tank Service Sanitation Service 7550 445.84 Acme& Sons Sanitation Sanitation Service 7551 382.76 AT&T Telephone Service 7552 250.00 Bay Area Bobcat Class Regiatnabon-8. Covurrubiam 7553 158.08 Beck's Shoes Inc, Uniform Expense 7554 64.74 Bishop Company Safety Supplies 7555 3'500.00 Bo|ey Consulting Engineers Engineering Service 7556 475.00 Louis Bordi Grading Service 7557 828.48 8roon' O'Oonne||'Miller et a| Legal Services 7558 55.00 California Park /& Recreation Society Advertising � 7569 576.01 BTKQ^ ORedwood Office Supplies � 7580 227.54 California Water Service Company Water Service 7661 270.00 °1 CAP0 Reim buroernont-Rogietrationand Membership Dues-M.Snnith 7562 45.00 K4ebo| Crittendon Docent Training � 7563 140.00 Cupertino Chamber ofCommerce Membership � 7564 65.00 Decatur Electronics, Inc. Service Radar Unit 7565 1.789.65 Design Concepts Design Production Projects � 7586 1.05000 Enoha||ah Developments, Inc. Consulting Services � 7567 14.00 Federal Express Mailing Expense 7568 62.16 JeonFiddem Private Vehicle Expense 7569 149.421.39 Flinn, Gray & Hederioh 1095-1988 |naunannm 7570 43.18 G & NServices Shop Towel Service 7571 72.54 Gibson Studio Prints 7572 141.66 Goodoo Press Incorporated Printing 7573 45.00 Keith Guitterrez Docent Training � 7574 228.42 Honeywell Inc. Burglar A|errn � � 7575 105.00 Linda Hyman Roimburnornent-Firat Responder Class � 7676 55.77 Hyote/ Sales Company Vehicle Equipment 7577 57.88 Ed Jones Uniform Expense 7578 900.00 KiUruy Pest Control, Inc. Pesticide Service 7579 65272 Lanier Worldwide, Inc. Office Supplies 7580 238.13 yWoGnathRanUCorp Skyline Office Rental 7581 904.29 K8atroK8obi|eCommuniuodono Radio Repair and Parts 7583 62.60 Micro Bio-Medics Inc. First Aid Supplies 7583 134.77 Moffett Supply Company Sanitation Supplies 7584 2.341.70 Murray & Murray Legal Services 7585 45.00 Roger Myers Docent Training 7586 1.231.01 Navanone Industries, Inc. Additional Chargee-yWaso Mailing of Visitor Maps 7587 75.00 Northern Energy Tank Rental 7588 941.35 Pacific Bell Telephone Service 7588 138.00 Padgett Thompson Seminar Re8ictreUon-D. Dolan 7590 63.03 Peninsula Blueprint Mops 7591 90.99 Pi|ornitos (]uany Baoenooh °1 Urgent Check Issued April 14' 1885 Page ClaimoS5-D K8aobn0S5-O0 Omha: April 2G. 1S85 | K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT 7592 267.33 PIP Printing Brochures 7593 29.11 Precision Engravers, Inc. Field Supplies 7594 32.50 Rayne Water Conditioning Water Service 7595 41�81 Reed &Graham, Inc. Rood Patch | 7596 488.29 Rhuo Ridge Road Associates Garbage and Road Maintenance Fees 7597 2.243.24 Roy's Repair Service Vehicle Service and Repair 7598 1'043.59 Runs Enterprises, Inc. Signs 7599 167.03 Safety'K|oon Corp. Solvent Tank Service 7800 117.00 San Francisco Newspaper Agency Subscription 7801 104.08 David 8anguinetti Reimbursement—Field Supplies 7802 255.00 Santa Clara County Department cf Fuel Tank Storage Permit Environmental Health 7603 7.337.88 GaafiratBmnk Note Paying Agent Fees 7604 3'800.00 E.R. Sheehan Trail Construction 7605 382.30 John Shelton, Inc. Field Supplies 7606 680.00 ^2 Hans Siem Bicycle Replacement 7607 03.75 Skyline County Water District Water Service 7608 42.50 Malcolm Smith Reim buroemnent—Profeooiono| Ouoo 7609 25.26 Stevens Creek Quarry Boonronk 7810 146.60 The Stove Works Chimney Repair 7611 181.83 Taater /& Etc. Maps 7612 1.310.00 U.S. Rentals Equipment Rental 7813 232.00 °3 VVesco Shoe Company Uniform Expense 7614 277.50 Whitmore, Johnson & Bo|onon Legal Services 7615 27.00 Woodside Union 7G Fuel 7618 53.861.79 Universal Printing Company District Visitor Maps 7617 170.82 Ymrdbird Equipment Ga|oo Equipment Repair °2 Urgent Check Issued April 14.1SS5 °3 Urgent Check Issued April 14.1QQ5 � � � Page � � � � Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager J DATE: April 21, 1995 SUBJECT: FYI 330 Distel Circle Los Altos, CA 94022-1404 Phone: 415-691-1200 FAX:415-691-0485 E-mail: mroscignetcorn.corn Board of Oirectors:Pete Siemens,Mary C. Davey, I eena Renshaw,tinny Babbitt, Nonette Hanko,Betsy Crowder,Wim de Wit General Managet:1.Craig Britton Open Space s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: April 21, 1995 TO: Craig FROM: Malcolm RE: Constituent comments on visitors map We've received dozens of calls and email messages in response to the first of three mailings of the new visitors map. Many people called just to comment on the map, others called to get additional quantities or more information. Here is a sampling of some of the comments received: "Great map, we'll use it all the time" "It was a nice surprise to get this map in the mail -keep up the good work" "We just got your new map in the mail, and it's wonderful" "I didn't know about the Open Space District...this map is really great and educational" "The map is very well done, colorful, and has a lot of good information" "It's good to see the District getting information out to the public this way" "Thanks for sending the map...it's excellent" The only negative comment was from a person who complained about receiving unsolicited mail, and she wanted to ensure that her address was not on any list to receive more information. 330 Distel Circle ° Los Altos, CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: niros(l@net(-oni.com Board of Directors:Fete Siemens,Mary C. Davey,Ieena Henshaw,Ginny Babbitt, Nonette Hanko, Betsy Crowder,Wim de Wit Gcooml r 1,n),i;er:L.Craig Britton AB 700 Date of Hearing: April 19, 1995 ASSEMBLY COMMITTEE ON JUDICIARY Phillip Isenberg, Chair AB 700 (Cunneen) - As Amended: March 30, 1995 KEY ISSUE: Should the list of hazardous recreational activities on public property be expanded to include "mountain bicycling" and "paragliding"? BACKGROUND History. In 1983, in AB 555 (Campbell) , the Legislature enacted a qualified immunity for public entities from lawsuits filed by persons injured when participating in a hazardous recreational activity. The public park districts and local governments supporting the bill argued that the bill was necessary to stem an increasing number of personal injury and property damage claims resulting from recreational activities on public land. They maintained that, absent such protection, cumulative lawsuits would discourage public entities from keeping their natural recreational settings open to hikers, riders, and campers. Facts. Since enactment of the "hazardous recreational activity" provision in 1983, mountain bicycling has evolved as a distinct sporting activity. In the Midpeninsula Regional Open Space District in 1993, accidents involving mountain bicycles were 65% of total accidents; in 1994, they were 76% of total accidents. Paragliding is a sport similar to hang gliding, except that the rider descends on a parachute instead of a glider. Paragliding is considered a class-3 form of hang gliding. DIGEST Existing law. Government Code Section 831.7 defines "hazardous recreational activity" as recreational activity conducted on public property which creates a substantial risk of injury to a participant or a spectator. It deems to be hazardous a whole list of specific recreational activities -- from "animal riding" to "wind surfing" . This bill would add "mountain bicycling" and "paragliding" to the list of hazardous recreational activities. FISCAL EFFECT This bill will not be heard in the Assembly Appropriations Committee. continued - AB 700 Page 1 AB 700 COMMENTS 1) Sponsor's Statement. The Midpeninsula Regional Open Space District operates 23 open space preserves, with over 200 miles of trails available for mountain biking. Over the past few years, the number of accidents involving mountain bikers has increased markedly. There were 44 in 1993 and 47 in 1994; of those, 71 were classified as moderate or serious, including life-threatening. Ninety percent of the accidents required emergency response and 10% required helicopter evacuation. 2) Though the list of hazardous activities in existing law is nonexclusive, the sponsors maintain that the fact that a specific activity is listed lends weight to a public entity's defense that a claimant injured in a specific activity is engaged in "hazardous recreational activity. ,, 3) The current provision lists "bicycle racing", but the sponsors believe that mountain bicycling is different since it takes place off of paved roads and pathways. The County of Santa Clara, which supports this bill, states- "Due to the speed of [mountain] bicycles on rough terrain, the regularity and increasing incidence of solo-bicycle accidents (the majority requiring emergency response and medical evacuation) , and the desire by many riders to achieve a high speed on very steep trails, this is an inherently dangerous activity. " 4) "Hang gliding" and "sport parachuting" are currently listed among the activities deemed to be hazardous. The District maintains that "paragliding" is distinct from those activities. The District has allowed park users to paraglide by permit over the past year and, though there has only been one accident to date, it believes the accident rate will inevitably increase as more individuals engage in paragliding. 5) The Consumer Attorneys Of California (CAOC) has an "oppose unless amended" position. They ask that "mountain biking" be deleted from the list of hazardous activities, arguing that mountain biking is a family activity which includes children. SUPPORT OPPOSITION Association for California Tort Reform Consumer Attorneys Of California California Business Properties Association County of Santa Clara Brent A. Barnhart AB 700 445-4560 Page 2 ajud Environmental Services Agency BOARD OF SUPERVISORS Parks and Recreation Division RUBEN BARRALES MARY GRIFFIN TOM HUENING 040 TED LEMPERT MICHAEL D.NEVIN .i PATRICK COUNTY OF SAS MATED• H.SANCHEZ DIRECTOR 590 HAMILTON STREET, 4TH FLOOR REDWOOD CITY • CALIFORNIA 94063 (415)363-4020 FAX(415)599-1721 April 11, 1995 The Honorable Phillip Isenberg Chair, Assembly Committee on Judiciary State Capitol P.O. Box 942849 Sacramento, Cry 94249-0001 RE: Assembly Bill 700 (Cuneen) Dear Assembly Member Isenberg: I am writing to express my strong support for AB700, introduced by Assembly Member Jim Cuneen, which will add mountain bicycling and paragliding to the list of hazardous recreational activities in the California Government Code. The use of mountain bicycles on park and open space lands has increased dramatically in the last few years. Due to the speed of these bicycles on rough terrain, the regularity and increasing incidence of solo-bicycle accidents (the majority requiring emergency response and medical evacuation), and the desire by many riders to achieve a high speed on very steep trails, this is an inherently dangerous activity. Paragliding is a sport similar to hang gliding, except that the rider is descending on a parachute instead of a glider. Paragliding, although still fairly new, is increasing in use and is allowed by permit in a number of parks and open space districts. Hang-gliding is already designated as a hazardous activity in the California Government Code, and paragliding is considered a Class-3 form of hang gliding. It is a logical step to add paragliding to this list. The proposed legislation would amend section 831.7 of the California Government Code to designate both mountain bicycling and paragliding as hazardous activities, thus helping to reduce a park or open space agency's liability for injury to participants in either of these inherently hazardous activities. Without this additional liability protection, it is probable that public agencies will be forced to close more and more of their lands to these activities, eventually depriving these recreationists access to many public lands. There are a number of recreational activities already identified in this section of the California Government Code as inherently hazardous, including water activities, animal riding, hang gliding, rock climbing, APR 15 ' and tree climbing, to name just a few. In the interest of making this code section as comprehensive rehensive and complete as possible, it is important to provide further liability protection for agencies which allow these activities on public lands. This does not remove the liability of a public agency which would otherwise exist if the entity fails to guard against or warn of a dangerous condition, or negligence on the part of the agency. This bill is solely an update of this code section to reflect an increasing variety of activities on public lands. I urge you to support AB700 when it comes before the Assembly Judiciary Committee on April 18, 1995. Sincerely, Patrick H. San ez, Director Parks and Re ation cc: Members, Assembly Judiciary Committee Assembly Member Jim Cuneen Bent Barnhart, Committee consultant L. Craig Britton, General Manager, MROSD c:�SANCHEZUS ENB ERG.LTR i i i Bay Area Open Space Council 116 New Writeorwry Street,Sce 640.San Frnnaiwo CAM 1QS(415)543-4291 87FERI40 COMMITTEE JIM AMG" Aonokns wv R" "d Phis April 18, 1995 JIM BALL DEW MS vY Philip Isenberg a meow van* ow" Chairman ROGGATDERNSR Assembly Committee on Judiciary Ms As,.w*xWt,".MT.vst Capitol Bldg 6005 FRARRKWAW " u.na Ca My cow 10+M ow'k* Sacramento, CA 95814 Caw BMTCM mwpinkv�Pbowwowammobow RE: AB 700 (Cunneen) RA"CA ON ftKAWCK,, Honorable Chairman Isenberg: Uwwo lwd TM M VEW CLALME" The Bay Area Open Space Council urges your support ft ff"r'""F""M of AB 700. This bill adds mountain bicycling and ROBMT WK F"aa"ftyb P&*or.w paragliding to the list of hazardous recreational amEWRT activities in the California Government Code. amn Mateo Q*Packs&,W Rsoasaio" NEAi.FwHmAm Other recreational activities already classified as 9ws Coeur Cewarta", BWC*-M hazardous include water activities, animal riding, ewsm "DowofPouadR"M"aIIW hang gliding, tree climbing and rock climbing. HomwiT GFWNCH fountain bicycling and paragliding clearly involve DA%*D Op M1Al�biM.ABM a similar level of risk. With the increased titO popularity of mountain bicycling, accidents have 01i skyrocketed due to the inherent dangers of riding JAM t„ b, over rough terrain at relatively high speeds. LWW NE&HA" asbnoc U001 fwnftrAm WA Opm No. Paragliding is similar to hang gliding, only the PATfiIw AYEBH rider descends on a parachute rather than a glider. Corv*Fkas w As a class-3 form of hang gliding, it is logical to J"HOFFNAW add it to the list of hazardous activities. NWR Cek"La"TRO I ,",p�� This bill helps protect public agencies from undue RAYMIRAAY Liability claims; it does not change the liability weMr Pot It I of public agencies when they fail to appropriately ew NUZUW warn the public of hazards, or when they are E-Rw unra a.Ad BRIANOWM negligent in their duties. 0er►.n 3MU N4V0ny PAW" n Am LAW OFW r Sincerely, 0"Wd"Rik*Aims SAR8ik*1 FMCS w W p.rk"I. rnrl Cur+e1 PHILIP SALES .tAm.aka'ar.,l,NsyataakNPw�a John Woodbury NANCY 9TCNE — -- N"NWW eaat's.ncs J.P.Td DEM y=A � CRY d owe J90" _q JON"WAtTd1 CV al Poo ADD ITAif M2i Gr**nw Alkme 119L ow3tu leuiuismjl xil oueiR„tl-PQd APR-13--1995 14:04 FP^M S-PAY GREENBELT ALLIANCE TO 141569104e5 P.01 `� rn ►-a re 7671 r-cc�* i,.,y... E O P L E = o R O P E N cJ i' A C E April 13. 1995 The Honorable Phillip Isenberg Chair, Assembly Cornmittee on Judiciary State Capitol P.O. Box 942849 Sacramento,CA 94249-0001 Re: Assembly Bell 700 (Cunneen) Dear Chairman Isenberg: Greenbelt Alliance urges you to support AB 700 which will add mountain bicycling and paragliding to the list of hazardous recreational activities in the California.Government Code. Greenbelt Alliance is the Bay Area's land conservation and urban planning organization . Founded in 1958,we are.dedicated to protection the.region's Greenbelt of open space and making our corrlmunities better places to live. We have offices in San Francisco, Santa Rosa and San Jose, and staff and volunteers worl.ing in all parts of the Bay Area. Both activities are inherently dangerous and vm believe it is important to reduce park or open space agency's liability for injury resulting from either activity. Without the liability protection,public agencies will likely have to prohibit these activities and deprive these recreationists access to public lands. Please support AB 700 when it comes before the Assembly Judiciary Committee ittee on April 18, 1995. Sincerely, Vidd Moore South Bay ,Field Director cc: Members, Assembly Judiciary Cornmitt+ee Assernblyman Jim Cunneen Brent Barnhart,Committee Consultant L.Craig Britton,General Manager,Midpeninsula Regional Open Space District MAIN OPF1Cfi • 116 Ntev Montgomery Suite 640,,Sax,Franciccp CA 941M • (415)543-4291 SOUTH BAY OFFICE • 1922 nx>Alameda State 213, San Jose CA,.95126 • (408)gR,4. ,iq TOTAL P.01 r * * * * a i* i #*, BAY AREA RIDGE TRAIL r COUNCIL 31 1 CALIFORNIA STREET, SLIITF 510 SAN FRANCISCO, CALIFORNIA 94104 April 18, 1995 Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Craig, 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! Please note for your tax records that $100.00 of your membership donation is tax-deductible. Today, 171 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. Work throughout this year will focus on closing the gaps in the Ridge Trail and addressing the issues raised by our recently completed strategic plan. The strategic plan identifies six management issues we must address to continue our accomplishments in the areas of trail acquisition, development, and stewardship. These issues are: closing the gaps across public lands, closing the gaps across private lands, trail fundraising, ensuring multi-use, getting the public involved; and sustaining the Ridge Trail Council. Your generous membership gift will greatly help in this endeavor. Thanks again for Midpeninsula Regional Open Space District's support and commitment to the creation of one of the Bay Area's greatest recreational resources — the Bay Area Ridge Trail. Cordially, Lbar ice Executive Director PHONE (415) 391-0697 r n x (41 5) 391-2649 Pnnrrd as"ycird Puper ''..,. APR 0 i i Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith April 7, 1995 Public Affairs Manager (415) 691-1200 Open Space District ' s New Visitors Map Now Available Los Altos, CA -- The Midpeninsula Regional Open Space District's long-awaited Visitors Map is now available to the public. The two-sided document features a four-color fold-out map depicting all District preserves, noting how to get to each one, a brief description of the preserves and locations of parking, and an "activity grid" showing the various activities, facilities, and special features of each preserve. The map also includes general District information, and its history, policies, activities, programs, facilities, and regulations. Over the next two months, the map will be mailed to each of the approximately 290,000 households in the 16 cities within the District's jurisdiction. In addition, the map is available at the District office, at major trail heads, and from rangers at the open space preserves. Anyone who would like a map mailed to them can request one from the District by calling (415) 691-1200. The Midpeninsula Regional Open Space District, extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 37,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat,watershed, and a variety of ecosystems, restores damaged natural resources, and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000 - 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. I 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com Board of Oirectors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager_L.Craig Britton Open Space .......... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 17, 1995 Honorable R.P. (Dee) Tolles Mayor, City of Menlo Park City Hall 701 Laurel Street Menlo Park, CA 94025 Dear Dee: As you know, the Midpeninsula Regional Open Space District includes 16 cities within its boundaries, and receives property tax revenues from the property owners within those cities,.including Menlo Park. In an effort to ensure that lines of communication and information between the District and Menlo Park remain open and clear, I'd like to propose that a short District presentation to the City Council be agendized. As the District Board member representing Menlo Park, it would be my pleasure to present to the Council an overview of the District, and to bring the council members up-to-date on our activities, objectives, and challenges for the future. The entire presentation, including a short slide show, will take less than 10 minutes of the Council's time, and will provide an opportunity for any questions about District activities that members may have. If you are amenable to agendizing this item, I would like to request that you ask your staff to contact Malcolm Smith of the District at (415) 691-1200 to make arrangements. Thank you for your consideration, and I look forward to bringing District information to the City Council, and to answering any questions you may have. Sincerely, Betsy Crowder Board of Directors PS/mcs cc: Craig Britton Malcolm Smith 330 Distel Circle • Los Altos,CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton 'Open Space ------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 17, 1995 Honorable Craig M. Brown Mayor, Town of Portola Valley City Hall 765 Portola Road Portola Valley, CA 94028 Dear Craig: As you know, the Midpeninsula Regional Open Space District includes 16 cities within its boundaries, and receives property tax revenues from the property owners within those cities, including Portola Valley. In an effort to ensure that lines of communication and information between the District and Portola Valley remain open and clear, I'd like to propose that a short District presentation to the City Council be agendized. As the District Board member representing Portola Valley, it would be my pleasure to present to the Council an overview of the District, and to bring the council members up-to-date on our activities, objectives, and challenges for the future. The entire presentation, including a short slide show, will take less than 10 minutes of the Council's time, and will provide an opportunity for any questions about District activities that members may have. I If you are amenable to agendizing this item, I would like to request that you ask your staff to contact Malcolm Smith of the District at (415) 691-1200 to make arrangements. Thank you for your consideration, and I look forward to bringing District information to the City Council, and to answering any questions you may have. Sincerely, Betsy Crowder Board of Directors PS/mcs cc: Craig Britton Malcolm Smith 330 Distel Circle • Los Altos,CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosd@netcom.com is Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton f � 3 For Immediate Release TOWN of LOS GATOSContact: Sandy Schram April 18, 1995 (408) 399-8165 Public Invited to Celebrate Completion of Crucial Link In Los Gatos Creek Trail Los Gatos, CA -- The final southern link in the 11-mile Los Gatos Creek Trail between Leigh Avenue and Lexington Reservoir is complete, and the Town of Los Gatos is celebrating! The trail, used by more than 16,000 people each weekend, was 25 years in the planning and represents a true partnership among the various jurisdictions involved, including the Town of Los Gatos, the City of San Jose, and the Santa Clara County Parks Department. With this link, the trail will provide direct access for hikers, runners, striders, and bicyclists to Lexington Reservoir and the lands of the Midpeninsula Regional Open Space District. The Los Gatos Creek Trail has also become a commute alternative to freeways and highways. A day of health and fitness in celebration of the trail connection is scheduled for Saturday, April 29 from 11 a.m. until 3 p.m. and will begin at the Forbes Mill Museum in Los Gatos. The event is geared to coincide with California Trail Days, a statewide celebration recognizing volunteers who have given their time and effort to the construction, maintenance, and preservation of trails throughout California. Los Gatos Mayor Pat O'Laughlin, former Santa Clara County Supervisor Rod Diridon, and Santa Clara County Supervisors Jim Beall and Mike Honda, all of whom are long-time active supporters of the Los Gatos Creek Trail, will be on hand to welcome the public and take part in the festivities. Tree planting, hikes, bike rides, park and open space information and more will be part of the celebration. The Los Gatos Trails and Bikeways Committee is coordinating the event, which promises to be a fun, healthy, and memorable day on the trail. More information is available by calling Sandy Schram at (408) 399- 8165. CIVIC CENTER • 110 EAST MAIN STREET • P.O. BOX 949• LOS GATOS, CALIFORNIA 95031 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith April 17, 1995 Public Affairs Manager Midpeninsula Regional Open Space District (415) 691-1200 Larry Coons General Manager Santa Clara County Open Space Authority (408) 358-9443 Oven Space District Gifts Easement to Open Space Authority Los Altos, CA -- At its meeting of April 12, the Board of Directors of the Midpeninsula Regional Open Space District approved a gift of a 20-acre scenic easement to the Santa Clara County Open Space Authority, making it the very first parcel of open space acquired by the Authority. The District received the easement as a gift in 1975. Although it is located approximately seven miles south of the District boundary line, the easement was accepted to assure that the property would be preserved, with the hope that an agency such as the Authority would some day be formed and be in a position to accept the easement. "We're pleased to be able to provide the Santa Clara County Open Space Authority with its first property," said Pete Siemens, President of the District's Board of Directors. "This is the first 20 acres of what will hopefully be thousands of acres that the Authority will acquire for permanent preservation in the coming years." The Midpeninsula Regional Open Space District,extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 39,000 acres of diverse open space and manages 23 open space preserves. (mefe) 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com 9 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Fianko,Betsy Crowder,Wim(le Wit General)tanager.L.Craig Britton Funding for the Open Space District is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat, watershed, and a variety of ecosystems, restores damaged natural resources, and provides trail improvements for passive recreational use by the public. The District is divided into seven geographic wards, each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. The Santa Clara County Open Space Authority was formed by the State Legislature in 1993 and its first Board of Directors was elected in 1994. The Authority's jurisdiction extends from the southern border of the Open Space District to include the cities of Campbell,Milpitas, Morgan Hill, San Jose, and Santa Clara,as well as unincorporated areas of Santa Clara County that previously have not had an agency charged with open space preservation. The Authority's Board meets every second and fourth Thursday of the month at 7:00 p.m. at the County Government Center in San Jose. r Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE ON INTENTION TO AMEND CONFLICT OF INTEREST CODE OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Notice is hereby given that the Midpeninsula Regional Open Space District intends to amend its Conflict of Interest Code. The proposed amendments are: 1. Designated Positions The following designated positions shall be specified in the Code: Board Members, General Manager, Legal Counsel, Controller, Planning Manager, Operations Manager, Public Affairs Manager, Administrative Services Manager, Consultant, Office Manager/Secretary to the General Manager, Supervising Construction and Maintenance Ranger, Supervising Patrol Ranger, Administrative Analyst, Planning Technician, open Space Planner II, Resource Planner, Senior Planner, Support Services Supervisor, Visitor Services Supervisor, Area Superintendent, Real Property Representative, and Research Attorney. The position of Assistant General Manager/Land Acquisition Manager that is currently included in the Code shall be deleted since the position no longer exists. The positions shown in bold above are being added to the list of designated positions. It shall be noted under designated positions that the Controller completes Form 721. 2. Disclosure Categories Disclosure Category 1 concerning interests in real property has been amended to explain more clearly the location of real property that may be reportable. Disclosure Category 2 concerning investments and Disclosure Category 3 concerning income are being amended to state more explicitly the types of business entities in which individuals may have reportable investments or from which they may receive reportable income. The timeframe for reportable investments and income has been deleted and will be governed by the period covered in the annual statement of economic interest, which is generally the previous calendar year. See attached page for Disclosure Category 1, 2 and 3's amended wording. Copies of the proposed amendments are available to all interested persons and may be obtained by writing the District Clerk, Midpeninsula Regional open Space District, 330 Distel Circle, Los Altos, California 94022-1404 or calling (415) 691-1200. The Board of Directors of the Midpeninsula Regional Open Space District shall hold a public hearing, beginning at 7:30 P.M. on Wednesday, June 14, 1995, at the District office, 330 Distel Circle, Los Altos, to consider the proposed amendments. If unable to attend the public hearing, members of the public may submit written comments about the proposed amendments to the District Clerk prior to 7:30 P.M. , Wednesday, June 14, 1995 for consideration at the public hearing. Inquiries concerning the proposed amendments may be directed to District Clerk Jean Fiddes at (415) 691-1200. The District has prepared a written explanation of the reasons for the designations and the disclosure responsibilities and has available all of the information on which the proposal is based. / le? C(,rz�-u_t I /?q61-- ean H. Fiddes, District Clerk Date 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 - FAX:415-691-0485 * E-mail: mrosd@netcom.com e Board or Directors:Pete Siernens, ',Iary C_Davey, Feena Henshaw,Ginny Babbitt, Nonette Hanko, Betsy Crowder,Wirn de Wit Genera!Manager:L.Craig Britton CONFLICT OF INTEREST CODE FOR THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX Assigned Designated Positions Disclosure Categories Board Members 1, 2, 3 General Manager 1, 2, 3 1, 2, 3 Planning Manager 1, 2, 3 Operations Manager 1, 2, 3 Public Affairs Manager 1, 2, 3 Administrative Services Manager 1, 2, 3 Legal Counsel 1, 2, 3 Controller (to complete Form 721) 1, 2, 3 Office Manager/Secretary to the General Manager 2, 3 Administrative Analyst 2, 3 Supervising Construction and Maintenance Ranger 2, 3 Supervising Patrol Ranger 2, 3 Support Services Supervisor 2, 3 Visitor Services Supervisor 2, 3 Planning Technician 2, 3 Open Space Planner H 1, 2, 3 Resource Planner 1, 2, 3 Senior Planner 1, 2, 3 Area Superintendent 1, 2, 3 Real Property Representative 1, 2, 3 Research Attorney 1, 2, 3 Consultant* 1, 2, 3 Disclosure Categories Category 1 Interests in real property are reportable interests if: A. The real property to which the interest pertains is located in whole or in part within the District's boundaries or sphere of influence, or within two miles of the District's boundaries or sphere of influence, or within two miles of any land owned by the District. Ownership shall include any easement, leasehold, beneficial or legal interest, or option to acquire such interest. B. For purposes of this Category, "interest in real property" does- not include property used exclusively as the personal residence of the filer, including the residence and up to three acres in area surrounding the residence. The remainder of any such land, if any, shall be reported and its value declared. Category 2 A. Investments in any business entity of the type which has contracted with the District to provide employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, puulications, equipment, vehicles or insurance. B. Investments in business entities which engage in the design, planning, engineering, construction, materials supply or project management of private or public construction projects. C. Investments in business entities which engage in the business of brokerage, acquisition, leasing, marketing, or disposal of real property within the jurisdiction. D. Investments in business entities or the type which engage in the preparation of reports, surveys, evaluations or investigations of the type used by the District, including environmental documents such as Environmental Impact Reports, land appraisals, land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluations of the physical condition of real property. Category 3 A. Income from any source of the type which has contracted with the District to provide employee testing or training, professional services, consulting services, financial services, other services, supplies, materials, machinery, books, uniforms, publications, equipment,vehicles or insurance. B. Income from sources which engage in the design, planning, engineering, construction, materials supply or project management of private or public construction projects. C. Income from sources which engage in the business of brokerage, acquisition, leasing, marketing, or disposal of real property within the jurisdiction. D. Income from sources which engage in the preparation of reports, surveys, evaluations or investigations of the type used by the District, including environmental documents such as Environmental Impact Reports, land appraisals, land surveys, environmental assessments, hazardous waste investigations, percolation evaluations, engineering reports, biological assessments, geologic or hydrologic evaluations, or evaluations of the physical condition of real property. *Consultant Disclosure Category *Consultant shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The general manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The general manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTENTION TO AMEND CONFLICT OF INTEREST CODE OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT G S CT Written Explanation of the Reasons for Designation and the Disclosure Responsibilities The Political Reform Act of 1974, California's conflict of interest law for public officials and employees, requires individuals at all levels of government to publicly disclose their private economic interests and to disqualify themselves from participating in decisions in which they have financial interest. The Political Reform Act requires every public official to disclose all economic interest, such as investments, interests in real estate (real property), or sources of income or gifts, which the official may possibly affect by the exercise of his or her official duties. Employees of local government agencies, like the District, also must file statements of economic interests if they are "designated" in a conflict of interest code adopted by the agency enc for which they work. A public official or employee has a conflict of interest when all the following occur: 1. The official makes, participates in, or uses his or her official position to influence a governmental decision; g , 2. It is foreseeable that the decision will affect the official's economic interest; 3. The effect of the decision on the official's economic interest will be material; and 4. The effect of the decision on the official's economic interest will be distinguishable from its effect on the public generally. The positions shown as "designated positions" have been designated in the District's code because the duties and responsibilities of the positions may entail the making or participation in the making of decisions which may foreseeably have a material effect on his or her financial interest. The making of a governmental decision means: voting on a matter; appointing a person; obligating or committing the District to any course of action; or entering into any contractual agreement on behalf of the District. The participating in the making of a decision means: negotiating, without significant substantive review, with a governmental entity or private person regarding the decision; or advising or making recommendations to the decision-maker, by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the employee and the employee is attempting to influence the decision. Disclosure Category 1 concerning interests in real property has been amended to explain more clearly the location of real property that may be reportable. Disclosure Category 2 concerning investments and Disclosure Category 3 concerning income are being amended to state more explicitly the types of business entities in which individuals may have reportable investments or from which they may receive reportable income. The timeframe for reportable investments and income has been deleted and will be governed by the period covered by the annual statement of economic interest, which is generally the previous calendar year. Jean H. Fiddes District Clerk April 18, 1995 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,loary C.Davey,Teena Hensbaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General.'tanager:L.Craig Britton Open Space 1 April 14, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Tom Campbell Member, California Senate State Capitol P.O. Box 942848, Room 4032 Sacramento, CA 94248-0001 Subject: SB894 Dear Senator Campbell: I am writing to urge your opposition to S13894, which is scheduled to be heard before the Senate Judiciary Committee on April 18. This bill would do much to hinder the ability of public agencies to efficiently complete purchases of land for conservation, recreation, and other public purposes. It would impose premature disclosure of appraisals, set the purchase prices for certain private party transactions involving non-profits, and force other unworkable restrictions on establishing the appraised value of land. In the case of the Midpeninsula Regional Open Space District, and many other parks and open space agencies, only a small fraction of our acquisitions have involved any aspect of condemnation. Historically, well over 90-percent of District acquisitions have been from willing sellers, and it is expected that this will continue to be the case. These transactions do not require a resolution of necessity, yet SB894 would require such a resolution prior to making an offer to purchase a parcel. This aspect does not reflect the reality of how many public agencies actually acquire land. In complex land acquisition transactions, which can already take months or years to complete, SB894 could add significant delays to the negotiations. Further, it would compromise the confidentiality of those negotiations, which would seriously jeopardize a public agency's ability to effectively negotiate an acquisition and to protect the financial interests of the general public in such negotiations. We feel that current law adequately addresses the balance between public review of agency activities, the privacy of private property owners, and the practical aspects of a public agency's acquisition program. Please oppose SB894 when it comes before you on April 18. Sincerely, J_ L.Craig Britton LCBlmcs cc: Members, Senate Judiciary Committee Senator Tim Leslie Board of Directors MROSD 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 415-691-1200 FAX:415-691-0485 E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Members of the Audience When an item you're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters, you may address the Board under Oral Communications. (An alternative is to comment to the Board by a Written Communication, which the Board appreciates.) Each speaker will ordinarily be limited to three minutes. You are not required to state your name and/or address. If you wish to state your name and/or address, we request that you fill out this form completely and present it to the Recording Secretary so that your name and/or address can be accurately included in the minutes. Name �f F� /C7 ke��"t Organization Mailing Address �[��Os/CAE Vll L Street City Zip j Subject Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Members of the Audience L, When an item you're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters, you may address the Board under Oral Communications. (An alternative is to comment to the Board by a Written Communication, which the Board appreciates.) Each speaker will ordinarily be limited to three minutes. You are not required to state your name and/or address. If you wish to state your name and/or address, we request that you fill out this form completely and present it to the Recording Secretary so that your name and/or address can be accurately included in the minutes. Name l L -G ` Organization Mailing Address _ Street City Zip Subject The Mariani Ranch should be T saved for future generations! The proposed Blue Oaks subdivision on the Mariani Ranch in Portola Salle\- 'Would be the largest subdivision in town since Portola Valley Ranch was approved in the mid 1970's. This proposal raises major environmental, planning and public safety issues that should be of concern to Portola Valle\- and greater midpeninsula residents. Committee to Does Portola Valley's General Plan -Save the Mariani Ranch really protect the town's remaining open space? 103 El \ido Road The Tow•n's General Plan has not undergone a major comprehensive Portola Valley. CA 94028 review- since 1982. The plan itself states that such a review should be (415) 851-8375 conducted even" 3 years. What other open spaces in Portola Valley may be in jeopardy of development? ci-Li-er:s corrurI j r.tee Ys currentiy reviewing the General �— Plan . That revier; srzouid be completed sometime in 1995 . ) MOIL y. »C` i /• /yam! This beautiful parcel with its rich : ., and significant ecological value is a r�` �! The Mariani Ranch is a beautiful wooded 264 acre parcel on the PLANNING ISSUES southern foothill border of Portola Valley. This essential greenbelt link and wildlife corridor between Foothills Park, Portola Valley Ranch and •Requires 1 General Plan Windy Hill Open Space has served as de facto open space for amendment to allow decades. NIam• local and non-local residents have sought out this area development in areas for outdoor recreation. currently zoned as greenbelt This parcel was originally part of the Corte Madera Rancho or open space. owned by Maximo Martinez in 1834. It contains a portion of the • Increases populaCion historic Old Spanish Trail on Coal Mine Ridge. The Ohlone Indians density in a more-remote also used this trail as they traveled between the coast and inland ecologically sensitive area. valleys. Potential for Oakland Hills • The Mariani Ranch is habitat for a rich variety of plant fire repeat. communities — open meadows, oak woodlands, riparian areas. • Perpetuates "monster chaparral and mixed evergreen forests. This land is also a haven for home" syndrome in Portola many animal species crowded out by urban sprawl. Foxes, bobcats, Valley. covotes and even mountain lions are .t few examples of the abundant • Access road crosses an wildlife that thrives here. earthquake fault. Two main traces and numerous subtraces of the San Andreas fault cross through the heart of this land. A trace of the 1906 break on EWIRONMENTAL ISSUES the fault is still visible. • Cuts off wildlife corridor PORTOLA between Foothills Park, p0 VALLEY �d. Windy Hill an other open �0�a ti Ad p�o`0e space areas. PORTOLA d' VALLEY •Threatens riparian areas WINDY HILT. PRIVATE h� such-as Los Trancos Creek. ARAM •Sites homes in oak woodlands and chaparral PRIVATE communities Such siting RESIDENTIALPORTOLA requires extensive clearing of PRIVATE PO LA VALLEY vegetation for fire protection VARAL RANCH PRIVATE NCH purposes. OPEN •Landscape management SPACE practices focus on preserving '` heritage or specimen jl' PAR TO trees.Sacrifices "the younger PRIVATE generation" trees and understory which provides wildlife habitat. y L } LOS TRANCOS •Introduces non-native plant WOODS/ VISTA species. VERDE , •Potential habitat for endangered or threatened DAL plant and animal species. PRIVATE .,. .. itory, abundance of natural features ritical resource for future generations. The Blue Oaks Development Proposal PUBLIC SAFETY/ SERVICES ISSUES The main components of the proposal are • Significantly increases traffic Twenty eight- 6300 square foot (average) luxury houses xvith on Los Trances Road and pools and cabanas. Some lots would have tennis courts. Alpine Road (At least -455 • Six 6700 square foot houses on upper Portola Glen Estates. additional daily trips). (see map). These previously approved lots currently have no road -Increases burden on access. They can only be built if Blue Oaks is approved. financially strapped schools . Eight Below Market Rate units and fire districts. -An all-%yeather emergency •A portion of the property would he kept as open space. access road on Coal NIine Ridge could tunnel The Blue Oaks design statement contains "environmentally emergency traffic into Portola sensitive" language that does not stand up to closer scrutiny. Many of Valley Ranch, Los Trancos the effects of this development cannot be mitigated and -will Woods, and Vista Verde in the irrevocably alter the open space character of this parcel. adjacent open event of a major fire, space preserves and surrounding undeveloped lands. Some of the earthquake or landslide. proposed mitigations do not go far enough to avoid or repair the • Creates dangerous damage that will be caused by the development. intersection on a steep portion of Los Trancos rancos Road. VISUAL AND AESTHETHICS PRIVATE ti Portola Glen (QUALITY OF LIFE ISSUES) PRIVATE Estate • Build out period would last q#) �o� ro�R �� 10-15 years. It would create VA,L_LEY �. air, noise and construction traffic pollution over a A protracted time period. MATE •An all weather emergency �-._��• • PRIVATE access road on Coal Mine ✓ . j, Ridge would alter the scenic 0d Spanish wooded trail lined with spring T r a:.1wildflowers and native plants. *Large homes would he �✓ visible from Coal Mine Ridge, Ica- r -r,e c�� Portola Valley open space '(II R.; d�re trails. Foothills Park vista f \� points and Los Trancos Woods. �1 Proposed *Construction and post i Blue Oaks constriction noise (such as Development leaf blowers) would intrude on the open space.experience. LOS TRA1qC05 PRIVATE w o c v 5 tee ra 103 EL NIDO POKTOLA VALLEY.CALIFORNIA 94028 415 851 8375 Pudic _^_ear na :n the proposed Blue )aks subd?'I1s:.On on the Marian, Ranch will be neid tefore the Pianning 'commission on `aedresaay.Aprll :9t.^. . _ PM, Multipurpose RT., 65 rOrto!a Rd . ,Portola Vailev . PLEASE j_OIN US T_N '7HE EAT`"L E TO PRESERVE COAL MINE, RIDGE The __~voices are simnie and stari: . =f the Blue Oaks subdivision is appro'Jea , a two _ane ail weather gated emergency access road on Coal wir_� irae .acid_ ae recuirer for safety reasons . The route would begin in Los Trancos Woods and is recommended to extend through Fortoia `dal=ev Rancn open space on tneir existing narrow Tire roads . It~_cugh e por-.icn --nrough Portola 7ailey Ranch would not necessarily be -wo lane , alterations to rYisting roads and native vegetation in their open space would be required . Without such an extension through Portoia Valley Ranch, emergency traffic would be funneled -primarily into Los Trancos Woods onto narrow winding roads . The road route would either be on the historic Old Spanish Traii OR require GRADING A COMPLETELY NEW 2 LANE ROAD parallel to OST through a densely forested area. OR TWO such a road plus the extensive removal of WHETHER ONE LANE vegetation for fire hazard reduction, will SIGNIFICANTLY ALTER THE OPEN SPACE CHARACTER OF COAL MINE RIDGE . A 350 , 000 gal water tank on the ridge will have further visual and environmental impacts . THIS --S ONLY ONE OF THE DIFFICULT CHOICES BETWEEN PUBLIC SAFETY AND THE ENVIRONMENT POSED BY THE BLUE OAKS SUBDIVISION REMOVAL OF NATIVE VEGETATION The fire report states that that some type of fuel management , ie . removal or alteration of the native landscape is proposed for approximately 120 acres of the development . This is almost half of the , 264 acres of the site . Removal of native understory from trees and reduction of dense vegetation to islands would be required along all roadways and emergency routes . All of the routes are through scenic , heavily forested areas . A number of houses , including the 6 lots on upper Portola Glen Estates , are sited in dense chaparral areas which require even more extreme clearing measures . Complete removal of one whole plant species is recommended. Fuel reduction zones ( 100-200ft ) around 6300-6700 sq ft houses would have off site visual impacts at Portola Valley Ranch, Westridge , other locations in Portola Valley and Foothills Park. NOWHERE IN ALMOST 2000 PAGES OF DOCUMENTATION ON THIS PROJECT IS THE WISDOM OF SITING HOUSES IN HIGH FIRE HAZARD AREAS THAT REQUIRE SUCH DISTURBANCE EVER QUESTIONED ! ^.I - ' rcr r _ s _^nc-,-:s ion , =ort-c -a a.Llev ',,io ._ OL _r to ___ -_ _tc� F on _ndiviuua_ _ �a .se -..=r� __ clenty _r. a �.__......iae� _ne _'� � ree _r: Your :ac:.';=.ram _sn _ 'r/orth :%reser';ri"_� . ecaus=_ _:':ere a crsve ,:,s41n -ne _7, croauces lant- Ana Animais -:or the 3na anP ,er= S Z_--_- -- - 7T� l - K� 1y 1 j AT IME -,. JU7CT 'AOULD :r =R ^Lc.N ?, NLrM- iT `'� �LO'r? ACTS _N AN _A '-_"_,RRE.NTIY Z,,:)NE7D C11P 2P.-CE The _own _anner I _ recent reocrr'. _fates _:at r-. _eason5 this area as cnen space are o _�:nzer reS_.._ . __ geologi., . scen_- . ....__ concerns nave been meL . owever o o� lots "you;i Nave isual impacts _n _^_t -_a Vailey me ' o e-- sv. ._ nr�15e5 __ "r1 _ _ _ thevc._^. Andreas �salt , the _Ssues :ou_d an_ .tee _ =-owed __ _ 7HE - 4N _ -_ADS =C CCEPTABLE TO PU'I A TWO LANE EME ..DNCY ACC=_ES ROAL ON C0A7 ISIN7 3T_DGZ �_- _ E j ' 0 E1JE T -" S N - _ ��yz ' ': iL E _ - ! L MNTAL Is set _si - _ _nemomen �ne �mer"'enc'T access '_"sure rsbi=7- s . :Ianv residents -ver -ne vears nave _xoressea concern -about _--_ - ra: _an sver_iZea mouses Porzo_-a Vailev. Z out _w0 of _ne _.Oa ses in tnis Drc�eCt .are in _he ?Q ft rank * At past pubi_., nearing~ .many speakers expressed the desire that this pro?ect -follow some of strengths of Portola Valley Ranch ( not be a cione ) with smaller house sizes and shared community pools and tennis courts . This approach would better reduce off site visual impacts . It would also make possible the preservation of the ENTIRE UNIQUE BLUE OAK GROVE THAT IS SUCH A STRONG VISUAL AND ENVIRONMENTAL FEATURE OF THIS LAND . The town' s Planned Unit Development process allows for such flexibility to truly fit the project to the character of the land and reduce impacts that would be associated with normal subdivision. TRAFF'," IMPACTS ON ALPINE ROAD The ET_R aid not adequately analyze the cumulative traffic impacts of this project at such significant intersections as Westridge and Ladera. Traffic impacts were deemed less than significant since they did not change the Level Of Service- a rather dry statistic that leaves out the human dimension of dealing with increasing traffic . I OUT OF SIGHT-OUT OF MIND? Portola Valley residents have a long history of caring passionately about the natural environment that surrounds them, even if it isnt immediately in their backyard. DECISION TIME IS HERE as the last round of ' hearings begin before the Planning Commmission and Town Council . If the issues in this newsletter or any others are of concern to vou,the Planning Commission and Town Council need to hear from you before they make -irrevocable decisions . *WRITE A LETTER TO THE PLANNING COMMISSION AND TOWN CCUNCIL *ATTEND THE PUBLIC HEARING ON APRIL 19TH AND 172FAK MIT xPLEASF S^ND ' '3ONATION TO THE COMMITTEE Try SAVE 't'H7 MART, NT- RANCH SO TN.A`I WE CAN KEEP YOU INFORMED THROUGH OUR NEWSLETTER . CONTRIBUTIONS ARE TAX DEDUCTIBLE =F SENT THROUGH THE PENINSULA CONSERVATION CENTER FOUNDATION, 3921 BAYSHORE RD ,PALO ALTO,CA 94303 . ACTION UPDATE The Committee to Save the Mariani Ranch is At the same time, we have been closely actively pursuing -vvays to permanently preserve this monitoring the development proposal as it moves land as open space. \Xe have contacted the through the toxvn's process. In the coming weeks NlidpeninSLfla Regional Open Space District (MROSD). we will he giving oral and written comments on the Peninsula Open Space -Frust(I)OST), the Nature Environmental Impact Report (EIR) and other Conservancy and the Trust for Public Land. We are also pertinent issues as they come before the Portola forming coalitions with local open space preservation Valley Planning Commission and Town Council. We groups to develop alternative funding strategies. have also hired a planning consultant to help evaluate the EIR. Please join Our Efforts! Here's what you can do: • Attencl public hearings Write letters to the Nanning Commission and Town Council to express VOW concerns. • Write letters to MROSD, 330 Distel Circle, Los Altos, CA 94022. Urge them to Support Our efforts to preserve the Mariani Ranch. - Support the Committee to Save the Mariam Ranch. Your contributions will help our outreach efforts and pay for professional fees. Send financial contributions to 103 El Nido, Portola Valley CA 94028 Tax exempt, donations may also be made t:irouah our f-4sca.7 sponsor , the Pena.nsu'La Conservation rc,undatl= , 3921 East Eayshore Road , Paio Alzo ,Ca 9430 . WV, E 1, 0 V A Committee to Save the Mariani Ranch 103 El Nido Roicl Portola V-1illev, CA 9-t028 Did you know the proposed Blue Oaks development... MROSD 0 Diqt el circle * Requires* General Plananicndinent to ,dm i( large houses in area, currenik 33 CA- 94022 zoned as greenbelt of open spaccl- Log Altos, 0 Cuts off the exi.qin(, wildlife corridor I)et%\een Foothills Park. Win(lv till and other open space areas% 0 Could create an all-weather emergency access road on Coal Mine Ridge to'funnel emergency traffic into Portola Valley Ranch, Los Trancos Woods and Vista Verde in the event of a major fire, earthquake or landslide', R UP RESPONSIBLE ORGANIZED MOUNTAIN PEDALERS P 0. Box 172.3. Campbeil. CA 95009-1723 April 11 191)1 110 honorable Phillip Isenberg ('halt. Assembly Committee on .hidician, State Capitol P.O. Box 942849 Sacramento. CA 04249-0001 kh_: Assembiy Bill 700iCuneem I-)cat- Assernbly Mcn-,bcr I ainvNi-Iting to cxpress1P,0\11"s strong support f6rAB700, introduced b} Assembly Member jill, Cuneen- which will add mountain bicycling and paraghding to the list of hazardous recreational activities in the California Government Code. ROMP is a local mountain bike advocacy group based in San Mateo and Santa Clara Counties with almost 200 members. The use of mountain bicycles on park and open space lands has increased dramatically in the last few years. Due to the speed that bicycles can achieve and the rough terrain found on the trails. ROMP feels that mountain bic-vchni_> is inherently dangerous and should be added to the list. In addition, we feel that mountain b1c,.chsts chcosc to ridgy- �en� th,�% do and should not be able to hold !and o,,N--,Ici-s responsible i0r any mistakes made by their their choice. The proposed legislation would amend section 83 1.7 of the California Government Code to designate both mountain bicycling and paragliding as hazardous activities. thus helping to reduce a park or open space agency's liablilivy-for iiijur} to participants in either of these inherent!y hazardous activities. Without this additional liability protection. it is probable that public agencies \,,III be forced to close more mid more of their lands to these activities, everittially depriving these recreationists access to many public lands. There are a number of recreational activities already identified in this section of the California ('Yovernment Code as inherently hazardous. including water activities, animal riding, hang gliding, rock climbing, and tree climbing. to name just a few. In the interest ofmaking this code section as comprchcrisive and complete as possible, it is important to provide further liabilit} protection for agencies which allow these activities on public lands. 'Ibis does not remove the liability of a public agency which would otherwise exist if the entity fails to guard against or warn of a dangerous condition, or negligence on the part of the agency. Ibis bill is solely an update of this code section to reflect an increasing variety of activities on public lands. I urge you to support AB70() when it comes before the Assembly Judiciary Committee on April 19, 1995. Sinter� eter P. D ohue Director of Public Relations. RO,\1P cc� members. Assembly Judiciary Committee Asseniblv Member Jim Cuncen Brent Barnhart. Committee Consultant L. Craig Britton. General Manager. MROSD Open Space .................................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 13, 1995 I lonorable Dominic Cortese Chair, Water, Parks, and Wildlife Committee State Capitol P.O. Box 942849, Room 6031 Sacramento, ("A 94249-0001 Subject: Ali 117 Dear Assemblyman Cortese: I am writing to urge your opposition to All] 17, which will be heard before the Water, Parks, and Wildlife Committee on April 18. This bill will go directly against the voters' decision when they passed Proposition 117 and formed the Habitat Conservation Fund (HCF). The Midpeninsula Regional Open Space District, and many other parks and open space agencies, have used HCF grants to leverage local funding for important habitat preservation projects. The County of Santa Clara has also received grant funds from this program for acquisition of critical habitat lands. Such projects would certainly be lost in the future without the grants available from HCF. To go backwards and attempt to invalidate a previous voter mandate would be an insult to the voters who overwhelmingly approved formation of the HCF. The loss of the HCF program would diminish or eliminate one of the only remaining grant fund sources for agencies such as the District. Your record of support and advocacy for parks and open space is commendable, and I hope that you will continue those efforts by opposing A13117 in committee. This legislation is clearly not good for the environment, for dwindling natural habitats, or for the people of California. S,ncerqly, cer, L. Craig Britton General Manager LCB/nics cc: Board of Directors, MROSD 330 Distel Circle 0 Los Allos, (�A 94022-1,104 Phone: 415-691-1200 FAX:415-091-0485 E-mail: mroscWtietconixorn Homd of Dire,(tw Petv Sit'n wlle,Mal Davey, I eolm I lel I,Imv,Ginny 13A)hill,Nonelte I lai iko,B(,[,;y Crowder,Wim de Wit 1,(rai);Ill illorl Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 12, 1995 Honorable Byron Sher State Capitol, Room 2136 P.O. Box 942849 Sacramento, CA 94249-0001 Subject: AB700 Dear Byron: The District is proposing to add mountain biking and paragliding to the list of hazardous recreational activities under California Government Code Section 831.7. This bill, A13700, would help to reduce a parks and/or open space agency's liability exposure for injury to participants in either of these inherently hazardous activities. Since you have always been a strong advocate of the District, I'm hopeful that you will be able to support A13700's passage through the Assembly Judiciary Committee. When the bill's author, Jim Cuneen, was first elected we invited him to our offices to inform him of District activities and objectives, as we generally do with any newly-elected representative within the District. At that time, he expressed a desire to carry a bill for the District. In looking at the range of possible items in our legislative program, the mountain biking issue seemed to be most appropriate, and one which we hoped would proceed with the least controversy. A second reason for soliciting Mr. Cuneen's authorship is the new political makeup of the Assembly Judiciary Committee, and the Assembly as a whole. This bill is supported by other parks and open space agencies, as well as by a local mountain biking advocacy group called Responsible Organized Mountain Pedalers (ROMP). I will be attending the Assembly Judiciary Committee hearing on April 19, and will be available before and during that hearing to answer any questions you or other committee members may have regarding the need to'further the liability protection for public agencies in this manner. Your support of AB700 is important to the District, and I hope that we can count on your help in passing it through committee. A brief fact sheet about the bill is attached for your information. I phoned your office earlier this month but was not able to speak with you about this issue. I look forward to the opportunity to discuss AB700 with you at your convenience. Sincerely, 'L,Cra/9 Britton General Manager LCB/mcs cc: Board of Directors, MROSD Ralph Heim 330 Distel Circle # Los Altos,CA 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 E-mail: mrosd@netcom.com @ Board of Directors:Pete Siemens, Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hari ko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Overview of AB700 This bill would designate mountain bicycling and paragliding as hazardous activities under the California Government Code Section 831.7 in order to reduce a parks and/or open space agency's liability exposure. • Current law states: Hang-gliding and a number of other typical outdoor recreational activities are designated as hazardous activities in the California Government Code. • Proposed legislation would: Designate paragliding and mountain bicycling as hazardous activities in the California Government Code. The use of mountain bicycles on park and open space lands has increased dramatically in the last few years. Due to the potential and actual speed of these bicycles, the regularity of solo-bicycle accidents (many requiring emergency response and medical evacuation), and the desire by many riders to achieve a high speed on very steep trails, this is an inherently dangerous activity. Para gliding is a sport similar to hang-gliding, exce t that the rider is descending on a parachute instead g g p P g of a glider. In fact, paragliding is acknowledged as a Class 3 hang-gliding activity. Hang-gliding and paragliding are allowed by permit at one District preserve. Other parks and open space districts allow hang-gliding and paragliding by permit at various locations. Hang-gliding is already designated as a hazardous activity in the California Government Code. AB700 would amend section 831.7 of the California Government Code to designate both mountain bicycling and paragliding as hazardous activities, thus helping to reduce a park or open space agency's liability for injury to participants in either of these inherently hazardous activities. There are a number of recreational activities already identified in this section of the California Government Code as inherently hazardous, including water activities, animal riding, hang gliding, rock climbing, and tree climbing, to name just a few. In the interest of making this code section as comprehensive and complete as possible, it is important to provide further liability protection for agencies which allow these activities on public lands. This legislation will bring the code section up-to-date, and will better reflect the reality of the activities taking place on public park and open space lands. This bill does not remove the liability of a public agency which would otherwise exist if the entity fails to guard against or warn of a dangerous condition, or negligence on the part of the agency. This bill is solely an update of this code section to reflect an increasing variety of activities on public lands. A respected and politically active bicycle organization called Responsible Organized Mountain Pedalers (ROMP) supports passage of A13700. In addition, this bill is supported by other parks and open space agencies. 1 Mountain bicycle accident statistics for Midpeninsula Regional Open Space District (1993 and 1994) Total number of visitor accidents in 1993: 68 Mountain bike accidents in 1993: 44 (65% of 1993 total) Total number of visitor accidents in 1994: 72 Mountain bike accidents in 1994: 48 (67%of 1994 total) Ranger staff reports that there are a high number of very minor injury accidents that do not generate a written report. The typical example is a scraped knee or elbow that the ranger witnesses in the parking lot as the visitor is departing. These require only minimal response and no written report. Mountain bicycle accidents requiring a written report generally fall into the following categories (1993 and 1994 combined): Minor injury: 21 (23% of total mountain bike accidents) - scrapes, bruises, cuts - minor first aid and assistance required by rangers - no transport required Moderate injury: 51 (55% of total mountain bike accidents) - significant scrapes, bruises, sprains, cuts, soft tissue injury, possible fractures - significant assistance and emergency first aid required by ranger - ground evacuation required by rangers or paramedics Serious or life-threatening injury: 20 (22% of total mountain bike accidents) - bone fractures, loss of consiousness, serious damage to soft tissue, head or spinal trauma - emergency multi-agency response and first aid required by some or all of the following: rangers, paramedics, fire, sheriff, police; requires activation of county emergency medical system (EMS) - emergency ground or air (Lifeflight) evacuation required Open Space A. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith April 13, 1995 Public Affairs Manager (415) 691-1200 Open Space District Board Member Announces Resignation Los Altos, CA -- Ms. Ginny Babbitt, a member of the Board of Directors of the Midpeninsula Regional Open Space District, last night announced her resignation from the Board, effective May 25, 1995. Ms. Babbitt was appointed to the Board in 1990, and was elected to a four-year tenn, in 1992. She served as Board President in 1994. - Ms Babbitt cites her full-time position in the high-tech industry, which demands a great deal of her time and energy, as the primary factor in her decision. "I find that I can no longer provide the necessary attention to District matters that is required as a Board member," said Ms. Babbitt. "I'm proud to have been a part of the many accomplishments here"at the District over the last few years, and I have great faith in my fellow Board members and in District staff to move forward in the open space preservation efforts that are so important to this area's quality of life." In light of this resignation, the Board will need to determine a procedure to fill Ms. Babbitt's seat for the remainder of her term, which expires in November, 1996. The range of possibilities includes holding a special election, waiting for the next regular election, or filling the seat by appointment of the Board. It's expected that this issue will be on the Board's May 10, 1995 agenda for public discussion. Pete Siemens, President of the Board, said that, "The Board is saddened by Ginny's decision, although we understand the difficulty she faces in balancing the extreme demands of her career with the high standards she has set for herself in her Board duties. Her presence on the Board will be missed." (more) 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 415-691-1200 # FAX:415-691-0485 * E-mail:mrosd@netcom.com (D Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager.L.Craig Britton The Midpeninsula Regional Open Space District, extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 37,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat, watershed, and a variety of ecosystems, restores damaged natural resources, and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards, each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 12, 1995 Honorable George Miller Member, United States Congress 509 O'Neill Building Washington, DC 20515 Subject: FYI 996 Congressional Appropriation for the Bay Area Ridge Trail Council Dear Congressman Miller: As you are well aware, the Bay Area Ridge Trail Council is a unique organization dedicated to the completion of a continuous trail around the ridgetops surrounding the San Francisco Bay. I am writing to urge your support and advocacy for a$100,000 Congressional appropriation for fiscal year 1996 to assist the Ridge Trail Council in its efforts. The Bay Area Ridge Trail Council is expert at leveraging a relatively small federal appropriation with funding from the state, regional, and local level, as well as from non-profits and individuals. It has forged a true public/private partnership in its efforts to protect and enhance the natural treasures of the San Francisco Bay ridgetops. Providing resource materials, support, and advice to a wide variety of trail communities and organizations has resulted in the Ridge Trail Council being recognized as a premier agency involved in trail advocacy. Its work is crucial in helping to provide nearby recreational opportunities for the over 6 million inhabitants of the greater San Francisco Bay Area. On behalf of the Midpeninsula Regional Open Space District, I urge you to support this very modest appropriation of$100 000 to the Bay Area Ridge Trail Council. Your continuing support of this Y g g PP and other trail and open space preservation efforts is needed if the constituents in the San Francisco Bay Area are to maintain the quality of life that brought them here in the first place. If I can provide any additional information, please feel free to contact me. Si�>�ei=ely, L. raig Britton General Manager LCB/mcs cc: Board of Directors, MROSD Barbara Rice, Bay Area Ridge Trail Council 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 E-mail:mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko, Betsy Crowder,Wim de Wit General Manager:L.Craig Britton