HomeMy Public PortalAbout19950510 - Agendas Packet - Board of Directors (BOD) - 95-11 I
Open Space A-
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-11
REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
7:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
May 10, 1995
(7:30) ROLL CALL
** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- P. Siemens
*** APPROVAL OF MINUTES
April 26, 1995 (Consent Item)
i
I
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
*** 1. Scheduling of June 21 and June 26, 1995 Special Meetings for the Purpose of
Interviewing and Selecting the New Ward 4 Director -- J. Fiddes
(7:45) 2. Approval of Second Lease Amendment to the Monte Bello Open Space
Preserve Historic Picchetti Winery Lease Agreement with Ronald and Rolayne
Stortz to Achieve Compliance with Lease Provisions -- P. Siemens
(7:55) 3. Informational Report on the Santa Clara County Trails Master Plan Update --
D. Woods
(8:25) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
ADJOURNMENT
NOTE: Times are estimated and items may appear earlier or later than listed. Agenda as
subject to change of order.
330 Distel Circle *Los Altos, C A 94022�1404 �� Phone:, n r benshaw,tinny f3FAX:,Nont09 -04 5 * E-mail: mrosd��netaom.rpm fs7 one:41„>-6�1-1 200 FAX:415 691-04£3
ete
ary C.
�, Betsv Crowder,Wien de Wit
General M14anager:L.Craig Britton
Meeting 95-11 Page 2
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time
each item is considered by the Board of Directors. You may address the Board concerning other
matters during oral communications. Each speaker will ordinarily be limited to 3 minutes.
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 oj the
-public may request under oral communications that an item be removed from the consent calendar.
NOTICE OF PUBLIC MEETINGS
The Dog Committee will meet on Tuesday, May 23 at 7:30 P.M. for the purpose
of reviewing staff research and making a recommendation regarding potential
increased access for dogs. The location of this meeting will be announced at a
later date.
PUBLIC NOTICE - APPOINTMENT OF WARD 4 DIRECTOR
The Midpeninsula Regional Open Space District must appoint an individual to fill
the vacant position on the Board of Directors representing Ward 4. Ward 4
includes Mountain View, the Moffett Field area, and North Los Altos (bounded
by Adobe Creek, Foothill Expressway, and Springer Road). Individuals
interested in being considered for this appointment must submit a completed
application no later than 5:00 P.M., Friday, June 16, 1995. Applicants must be
over the age of 18 and a registered voter residing within the boundaries of Ward
4. Please contact the District Clerk at (415) 691-1200 for an application packet
or more information about the vacancy.
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-09
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
April 26, 1995
MINUTES
I. ROLL CALL
President Pete Siemens called the Special Meeting to order at 7:02 P.M.
Members Present: Pete Siemens, Betsy Crowder, Nonette Hanko, Ginny Babbitt,
Mary Davey, Teena Henshaw, and Wim de Wit.
Personnel Present: 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 number one.
The Board recessed to the Closed Session Special Meeting at 7:02 P.M. At 7:29
P.M., P. Siemens adjourned the Special Meeting Closed Session. P. Siemens called
the Regular Meeting to order at 7:35 P.M. and announced that the Board had been
meeting in Closed Session to discuss Special Meeting agenda item number one and
gave direction to District Legal Counsel.
Additional Personnel Present: Malcolm Smith, Randy Anderson, John Escobar, Mike
Williams, Cheryl Solomon, Mary Gundert, and Susan Dale.
111. ORAL COMMUNICATIONS
H. Haeussler, 1094 Highland Circle, Los Altos, 1) thanked the Board and M. Smith
for publishing such a concise and comprehensive visitors map; 2) commented on the
consumers attorneys objection to AB700 because children ride mountain bicycles,
noting he has not seen a child riding a mountain bicycle on any District trail; and 3)
stated he was very sorry to see Director Babbitt resign.
IV. SPECIAL ORDER OF THE DAY
Motion: B. Crowder moved that the Board adopt Resolution 95-16, a Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
310 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-091-1200 - FAX:415-691-0485 - E-mail: mrosd@rietconi.com
Board of Oireuors:Pete Siemens,Mary C. Davey, Teena I ionshaw,Ginny Babbitt,Nonetle Hanko,Betsy Crowder,Wim do Wit
Gencr,d Ain,igor:L.Craig Britton
Meeting 95-09 Page 2
District Honoring Lennie Roberts as Conservationist of the Year. N.
Hanko seconded the motion. The motion passed 7 to 0.
V. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. B. Crowder
seconded the motion. The motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
Motion: T. Henshaw moved that the Board adopt the consent calendar as
amended including: approval of minutes dated April 12, 1995; agenda
item number 6,Authorization to Execute One-Year Ranch and Grazing
Lease with William D. McDonald for Portion of La Honda Creek Open
Space Preserve; agenda item 7 Retroactive Approval of$680 Claim
Against District for Replacement of Bicycle; and revised claims 95-08.
G. Babbitt seconded the motion. The motion passed 7 to 0.
VII. WRITTEN COMMUNICATIONS
There were no written communications.
VIII. BOARD BUSINESS
A. Agenda Item 1 - Introduction of New Docent Coordinator and 1995 Spring
Docent Training Class (Report R-95-561
J. Escobar introduced Cheryl Solomon, the District's new docent coordinator.
C. Solomon introduced the spring 1995 docent training class to the Board. P.
Siemens welcomed the new docents, and the Board members thanked them for
their "stage front center" volunteer effort in behalf of the District.
B. Agenda Item 2 - Determination Whether to Fill Ward 4 Vacancy b
AMintment or by Election Process (R=rt R-95-57)
P. Siemens said the Board needed to decide whether to fill the vacancy in
Ward 4 by the election process or by appointment. Peter Donahue, on behalf
of ROMP, said that ROMP favored the election process, adding that if the
Board selected the appointment process, ROMP felt the Board should appoint
someone from the largest trail user group, mountain bicyclists. T. Henshaw
stated she will oppose appointment as she feels there should be a public
election and it is the method for getting the widest information out about the
District. N. Hanko stated that, although she usually supports the election
process, she supports moving forward with an appointment in this case, due to
time constraints, the impact on the Board's committee structure, and the
$30,000 cost of an election. W. de Wit stated he feels the District has done a
good job in getting its name out to the public and believes advertising for an
appointment will bring many interested individuals. G. Babbitt stated that
Meeting 95-09 Page 3
because there is a year and one-half left of her four-year term, the appointment
process will be the best way to fill this vacancy. M. Davey stated she believes
the appointment process will be the most cost effective method and said there
should be an all out campaign to make the public aware of the vacancy. P.
Siemens commented that choosing the election process would leave a six
month vacancy on the Board and when elected the new Board member would
serve only one year before having to run again for election. G. Babbitt stated
that she would abstain from voting on this matter.
Motion: M. Davey moved that the Board approve filling the vacancy in
Ward 4 by the appointment process outlined in item two of the
staff memorandum. B. Crowder seconded the motion.
The motion passed on the following 5 to 1 on the following
vote:
Ayes: M. Davey, B. Crowder, P. Siemens, N. Hanko, and W.
de Wit.
No: T. Henshaw.
Abstain: G. Babbitt
H. Haeussler commented that by not choosing the election process the Board is
denying this opportunity to those individuals who may not file an application
but may be nominated by constituents.
Staff was directed to conduct as wide an informational effort as possible to
inform the public of the vacancy.
After further discussion, P. Siemens announced that, by consensus, the
timetable for filling the vacancy included the application deadline of June 16,
the first round of interviews to be held on Wednesday, June 21, and the
second round of interviews, selection, and appointment of the new Ward 4
director to be held on Monday, June 26.
C. Agenda Item 3 - Authorization to Provide a Pit Toilet at Russian Ridge Qpen
Space Preserve (Report R-95-Vj
M. Gundert reported, there have been numerous problems with the chemical-
recirculating toilet at Russian Ridge Open Space Preserve requiring a
significant amount of maintenance and costly parts. She said staff
recommended replacing the existing system with a pit toilet. She reported
staff had obtained a permit from the San Mateo County Environmental Health
Department to install a pit toilet at lower Purisima Creek Redwoods Open
Meeting 95-09 Page 4
Space Preserve, and staff does not anticipate a problem obtaining a permit for
the Russian Ridge location.
Motion: M. Davey moved that the Board authorize staff to convert the
existing chemical-recirculating toilet at Russian Ridge Open
Space Preserve to a pit toilet. B. Crowder seconded the motion.
The motion passed 7 to 0.
D. Agenda Item 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
,Report R-95-61)
M. Gundert reported, after reviewing funds remaining from the $26,000 which
was budgeted for the Phase I exhibits to the David C. Daniels Nature Center
at Skyline Ridge Open Space Preserve and the components which remain to be
completed in the Phase I improvements, staff narrowed the project scope to
two elements, the plant community text rails and the aquatic mobiles. She
stated Platypus Studio's $19,900 proposal was the most clear and complete
proposal submitted. M. Gundert reported the funding needed to fabricate and
install the five field guide shades and design the Alpine Pond community
mural will be requested in an Environmental Education Grant.
Motion: T. Henshaw moved that the Board 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. G. Babbitt seconded the motion.
The motion passed 7 to 0.
E. Agenda Item 5 - Presentation and Demonstration of Geographic Information
System (GIS) Data and Research (Report R-95-58
R. Anderson reported that staff is beginning to define what role GIS will have
at the District and determine the value of GIS mapping information. Peter
Petri, a volunteer intern/consultant gave a presentation to clarify, define, and
illustrate GIS capabilities and what GIS can do for the District. Board
discussion centered on costs and staff time required for GIS and the potential
benefits of moving forward with the project.
IX. INFORMATIONAL REPORTS
J. Fiddes reported that there will be a joint meeting May 4 with San Mateo Parks and
Recreation Commission and announced that the 8th annual "not-so-annual" California
Meeting 95-09 Page 5
Regional Park and Open Space District Conference will be hosted by Sonoma County
Agricultural Preservation and Open Space District in Sonoma November 16-18.
B. Crowder reported: 1) she attended the Peninsula Conservation Center event
honoring Lennie Roberts on April 20; 2) she will attend the Sempervirens Fund
opening of the Basin Trail on April 28; 3) that public hearings are being conduced for
the Santa Clara County Trails Plan update. J. Fiddes reported a presentation on the
Santa Clara County Trails Plan update has been scheduled for the Board's next
meeting on May 10.
P. Siemens reported: 1) he attended a meeting along with Director Crowder with
Portola Heights neighbors; 2) there will be a Los Gatos Creek Trail celebration
Saturday, April 29 at 11:00; and 3) Los Gatos's initial review of the potential
subdivision at Rancho de Guadalupe was favorable.
G. Babbitt reported hearing Vicki Moore of Greenbelt Alliance on KOME radio,
noting she mentioned the District's new visitors map.
W. de Wit reported: 1) Director Crowder, C. Britton, and he met with Supervisor
Ted Lempert on the San Mateo County Ballot Measure; 2) he attended Hewlett
Packard's Earth Day activities on April 19; and 3) he will attend a hearing in
Stockton along with Sierra Club to support the Endangered Species Act.
M. Smith announced the District bill, AB700, passed the Assembly Judiciary
Committee 12 to 0.
J. Escobar reported: 1) there were two accidents on District preserves; 2) the District
will participate in the Mountain View parade May 29; 3) another work project day
has been scheduled for May 20 at El Corte de Madera Open Space Preserve; and 3)
the District will post rock climbing ordinances at Devils Canyon.
The next Dog Committee meeting was scheduled for Tuesday, May 23 at 7:00.
X. ADJOURNMENT
The meeting was adjourned at 9:45 P.M.
Susan Dale
Recording Secretary
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 1158.99- Beck's Shoes Inc. Uniform Expense
316.00
7554 54.74 Bishop Company Safety Supplies
7555 3,500.00 Boley Consulting Engineer's 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, 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 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 :18:1 .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
, ► ROBERT Se ZATKIN
P.O. Box 620502 • Woodside, CA 94062 • (415) 941-6111
RESPONSE ACTION PROPOSED SY STAFF`
Board President Acknowledge/Respond
Director Acknawledgel Respond
Staff Acknowledge/Respond
April 15, 1995 X_ Draft Response Attached
Staff to be Directed to-.Prepare Draft
Response far Board Consideration per
Board of Directors Bard Directive(a)
MidPeninsula Regional Open Space District No Response Necessary
330 Distel Circle
Los Altos, CA 94022-1404
Members of the Board:
I recently used the Rhos Ridge Road parking lot in :visiting the Rancho San Antonio
Open Space Preserve. I noted several problems which, I believe, are worthy of your
attention as they are negatively impacting the parking lot area or may present potential
liabilities to the District. These problems and my recommendations for solution are as
follows:
• At the eastern boundary of the parking lot is a degraded vehicular 'road'
produced from driving high clearance vehicles between the parking lot and
Rhus Ridge Road. This problem has been exacerbated by the parking of cars
on the shoulder of Rhus Ridge Road when the parking lot is filled to capacity.
The impact from these activities is quite apparent; a de-vegetated swath about
fifteen feet wide and several tens of feet long which is moderately rilled and is a
source of sediment transported into and across the parking lot during storms
which produce surface flow.
I recommend installing a stout split rail fence at the base and top of the 'road'.
Should someone see fit to destroy such a fence a few large boulders in place
of a fence should produce a relatively immovable directive. If boulders prove to
be the way, I suggest contacting the folks at the near-by Permanente Quarry.
Calera limestone, the extractive target of the Quarry operation, is very durable,
dense, readily scratches paint, and will likely win a battle again a 4x4. The
'over-flow' parking can be remedied by installing signs directing people to
parking locations on Moody Road or nearby Foothill College.
• A quagmire has developed adjacent to the horse corral along the service road
that ascends Rhus Ridge. This quagmire appears to be the result of surface
runoff from the upgradient catchment and a topographic low in the road
alignment. The consequences of the quagmire are obvious: riling, sediment
transport, mud, ponded water, and a ad hoc trail around the mess. I
recommend construction of a buried culvert beneath the quagmire area to route
surface flows beneath and across the service road.
• Visual inspection of the caretakers home indicates a significant amount of
support to the structure has been obtained by placing concrete building blocks
beneath various points on the frame of the structure. I am uncertain if this
method of support is the only means for leveling and stabilizing the structure;
however if my impression is correct this means of support may violate
applicable building code. My concern is that strong ground motion produced
from an earthquake will displace the mobile home from the support structures
rendering the structure uninhabitable. Mobile homes are known to have
suffered such damage commonly during moderate sized earthquakes in
California including the Santa Barbara Channel earthquake of 1978. If the
support is not in compliance the caretaker is at risk of loosing his home. In
turn, the absence of a caretaker at this location would compromise the ability of
the District to secure this vital preserve access against various types of illegal
and undesirable human behavior.
I recommend a review be conducted of applicable building codes to determine if
the method of support is in compliance. Should the method be found to be out
of compliance the situation should be rectified as soon as possible.
Thank you for your time and attention to my concerns.
Yours,
Robert Zatkin
LII Open Space
P P
s
1
III
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
May 10, 1995 PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Robert S. Zatkin
P. O. Box 620502
Woodside, CA 94062
Dear Mr. Zatkin:
Thank you for your letter of April 15, 1995 regarding the Rhus Ridge entrance to the
Windmill Pasture Area of Monte Bello Open Space Preserve. The Board reviewed your
letter at its regular meeting on May 10, 1995.
Staff recently visited the site to take measurements and begin to plan the modification of the
parking to eliminate the steeply sloped connecting road you mention and to gain more
parking space by moving the gate approximately 100 feet back. The implementation of this
plan would also include signage to discourage parking on the private road, redirecting it to
other parking areas and entrances. As part of the implementation, staff will also look into
the drainage problem at the corral with a culvert or other drainage modification. Although
the Rhus Ridge entrance improvements are important to us, they are necessarily a lower
priority than major staging area projects, operations facilities, and preserve plans. While we
hope to see these improvements made this year, they will have to be completed on a "time
available" basis by Planning and Operations staff.
District staff monitored the installation of the foundation for the caretaker's mobile home.
The mobile home was installed by a licensed contractor with full plan review, permits, and
inspections by Santa Clara County. We know that there are concrete footings under and steel
reinforcement in the concrete block supports.
Thank you again for your observations and recommendations.
Sincerely,
Peter W. Siemens
President, Board of Directors
PS/dw
cc: Board of Directors
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 Nenshaw,Ginny Babbitt,Nonette Nanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
A�X
22400 SKYLINE BOULEVARD #22
William Obermayer LA HONDA, CA 94020
April 20, 1995
RESPONSE ACTION PROPOSED BY STAFF
Pete Siemens
Board President Acknowledge/Respond
President, Board of Directors Director Acknowledge/Respond
Midpeninsula Regional Open Space District staff Acknowledge/Respond
330 Distel Circle Draft Response At cached
Los Altos CA 94022-1404 Staff to be Directed to Prepare Draft
Response fot Board Conslderacion per
Hoard Direct iv e(s)
No Response Ne ceasary
Dear Mr. President:
Thank you for your response of March 9, 1995 regarding the private easements in Por-
tola Park Heights. Hopefully, the meeting announced in your letter, between District
staff and local property
owners) will result in some resolution.
How can you say that "the District remains committed to its decision to attempt to
))
channel users awayfrom Portola Heights Road while planning to cross the road with
d P g
the "World Famous" Bay Area Ridge Trail in the next few months? Crossing the road
is using it, unless there is an overpass or underpass.
How can you believe the Bay Area Ridge Trail crossing and allowing the public access
to and use of this narrow, steep, winding, primary, private roadway would not interfere
) p) wn n g) p y) A Y
in my free passage and cause a change in the use and enjoyment of my easement?
There is already a problem developing at the gate with residents being intimidated by
unknown loiterers.
How can you expect me to believe that you are trying "to channel users away from. . .
[the] Road" when there are no legible signs on the many clearly worn trails leading
to the road. Thank you for the new sign by the gate. Hopefully it will help keep out
unauthorized cars. Ulifortunawly, it does nothing io discourage Bikers, bicyclists, acid
equestrians accessing the road from various other places. The District apparently takes
no steps to control the existing, obvious, inappropriate trail crossings. The ranger
trucks drive by people hiking down the road. This month, a friend, while hiking the
Peter's Creek Loop Trail, was told by District personnel that Portola Heights Road
was a public road—since the District owned it—but the private residents didn't like
people to use it. He was told about the trail below the Bean house that crosses the
road and goes past the wellhead to the cliffs, the trail that crosses the road down to
the waterfalls, and the new road crossing as part of the Bay Area Ridge Trail.
Ask your rangers about the District practice of telling park guests it's a public road
and encouraging them to use it. I can't believe that if you knew what was going on,
you would say what you did in your letter.
To Pete Siemens April 20, 1995 Page 2
You are wrong when you say that you have no legal obligation to keep the public off of
the private easements. Under common law, I have the right to your protection against
third persons interfering in my use or enjoyment. Under what theory do you claim the
right to impose the burden of public use on this private easement?
The night after the big storm washed out the culvert, I, Leslie Wadsworth, and Sandy
Touchatt walked around the barricade to take measurements for a new culvert. On
our way we noticed that the drainage trench was clogged with debris causing a river of
water to run down the road over the washout undermining it on one side. We unclogged
the drainage trench. One week later, at this same location, we were shovelling gravel
for some potholes when a crowd of hikers and dogs came sliding down the hill causing
rocks and debris to fall into the exact same place in the gully. The District's practice
of allowing the public open, unsupervised access to the road, Peters Creek, and any
part of the public lands unreasonably interferes with my easement and contributes to
private road damage and road maintenance expense.
Both Thomas P. McHugh and Joseph M. Gughemetti, attorneys retained by me re-
garding this subject, agreed that the District, as a participating owner of the easement
with similar obligations and rights as mine, has no right to allow the public onto the
easement. I certainly don't. The owners that the District purchased the easement
from didn't. As Stan Norton, District legal counsel, pointed out in his August 8, 1985
memorandum to the board, the District land is the servient tenement and the District
cannot unreasonably interfere in my use. Under California Civil Code §806, the extent
of a servitude is determined by the terms of the grant, or the nature of the enjoyment
by which it was acquired. Both the deeded and prescriptive easements are
private in nature.
It's true that I "anticipated development of the lands surrounding [my] own and the
increased use that would come with that development." However, there is evidently
going to be little development near Skyline because you are buying everything, you
list every property as desirable for acquisition, and you receive notification frorn other
agencies whenever a permit is requested in order to be able to stop development,
including on properties outside of the District boundaries.
I did not anticipate an increased use of my easement without development. The natures
and grants of easements did not contemplate this. The commercial and other uses of
the road are to support the private, residential purposes. There was no reason to expect
anything other than residential development near Skyline Boulevard that would benefit
the infrastructure of the community, including the extension of utilities.
Because your letter only disagrees with one of the eight rights I list in mine—that the
road shall remain private until it becomes public--I assume you agree with my other
rights as enumerated.
To Pete Siemens April 20, 1995 Page 3
I would ask that District notification policy be updated to notify, not just the adjoining
parcel owners, but the owners of any property rights affected by your land purchases,
including easement rights. Clearly property owners of easement rights have a greater
right to notification.
In closing, contrary to your letter, I did not infer that the District is interfering with
my property rights. I said it clearly and outright. If you are going to allow the public
to use this road which runs across your public lands, you are obligated to relieve the
private easement holders of any liability. Why should they be burdened more than any
other tax aver for a public road? One solution would be to put an automatic security
gate where public access to the road ends—perhaps where power, water, and a trail
cross the road near the Bean house wellhead. From this ate to Skyline Boulevard,
g Y
the road would be public with the District relieving the private easement holders of
liability. However, the best solution would be to not allow the public any access to the
private road.
Verytrulyours
Y ,
William Obermayer
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
May 11, 1995
William Obermayer
22400 Skyline Boulevard, #22
La Honda, CA 94020
Dear Mr. Obermayer:
Thank you for your April 20 letter questioning the District's rights to use District land in the
Portola Heights area. The District's Board of Directors reviewed your letter at our regular
meeting last night. The District does not agree with your assertion that the District's use of
District land unlawfully interferes with your legal rights. The District stands by its March 9
response to your letter of February 10, 1995, including its commitment to work with its
neighbors. These issues you raise are, however, best handled at the staff level. Your letter has,
therefore, been forwarded to staff for a fuller response.
Referring to the eleventh paragraph of your April 20 letter, you should not assume that the
District agrees with, or disagrees with, any or each of the eight rights you listed in your earlier
letter.
Sincerely,
Peter Siemens, President
Board of Directors
cc: Board of Directors
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
4 - 26 - 95
Midpeninsula Regional Open Space District RESP04SE ACTION PROPOSED BY S-AFF
330 Distel Circle Board President Acknowledge/Respond
Los Altos. CA 94022 Director
a� Staff Acknowledge/Respond
Draft Response Attached
Staff to be Directed to Prepare Draft
Response
for Board Consideration per
;:
Dear Wards. Board rect,,
No Response Necessary
We're concerned about the rash of fairly new bicycle speed
limits at local Open Space Preserves (directed at comparatively young.
-fearless", -Irresponsible" mountain bikers) that have restricted trail use,
mandated 15 mph speed limits, and closed some trails permanently. Riders
have been accused of being ignorant of safe trail use and ignorant of the
Z:� Z�I
fragile environment. Mountain bikers have been blamed for everything
Z!� Z--
from erosion to accidents to intimidation, and as a result the minority of
mountain bike riders has been banned and restricted at many local parks
and on regional trails.
What these same people don't realize is the amount of damage that
horses and other trails users do, as well as what 15 mph represents to a
mountain biker. Some environmental groups cite bikes as a major source of
erosion and trail damage, but one look at the Arastradero Open Space
Preserve would prove them wrong. Many of the trails are pockmarked
with thousands of six inch deep hoof prints, making the trail almost
unrideable and unwalkable. Other trails are cut straight down the fall line
of a hill, guaranteeing that in the case of rain a miniature river will run
41- Z�I
down them, badly eroding them. The wet winter this year has destroyed
these trail, yet mountain bikers always end up in discussions on what can be
done. Other committees decide that 15 mph is a good speed for a bike, yet
are totally ignorant of the sport. They do not realize that fast riders can go
uphill at that speed, easily exceed it on flat trails and almost triple it on the
descents.
To start, we all have to realize that no one group is responsible for
Z-�
the problems in our parks. It's agreed that the speed of bikers has to come
down, especially on blind corners and descents; a 15 mph speed limit
doesn't do it's job. That is so slow that most bikers just ignore it -- the
ticket so ridiculously expensive that no one believes they will get one. The
only other option is to buy a $50 speedometer and ride your brakes. To
start, the cost of the ticket should be reduced to $75, and more tickets
should be given out. To help defray the cost of getting a ticket, an option of
four hours of volunteer service could be included and a minimal
administrative bill ($10) charged -- this way the city will make more
money, and we will have a small army of volunteers for two or three days
a year. The speed limit should also be limited to single track only; ravel,
P Y g Y g
dirt roads, and double-track are wide and safe enough to not need a speed
limit. And lastly, if all trail users practiced safe and courteous trail use the
accidents and incidents would go away -- with or without a speed limit..
Thank your for your time,
Sean Cooney Bret Sarnqu t
1570 Cowper St. 917 Embarcadero Rd.
Palo Alto, CA 94301 Palo Alto, CA 94303
Ryan Mooney Daniel Gordon
811 Sycamore Dr. 1475 Pitman Ave.
Palo Alto A 94303 Palo Alto, CA 94301
f
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
May 11, 1995 PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Sean Cooney
1570 Cowper Street Same letter to be sent to Bret Sarnquist,
Palo Alto, CA 94301 Ryan Mooney, and Daniel Gordon
Dear Mr. Cooney:
Thank you for your recent letter regarding the 15 mile per hour trail speed limit on the District's
open space preserves. At our Regular Meeting last night, the District's Board of Directors
reviewed your letter.
The District has over 250 miles of trails and accommodates a variety of trail users, including
hikers, runners, bicyclists, and equestrians. Approximately 85% of these trails are open to
bicyclists. We believe that multiple-use trails can work if all trail users follow basic trail use
etiquette guideines and observe trail speed limits.
We are concerned about the safety of all preserve visitors and are trying to reduce potential
conflicts on District trails. District staff and Board believe the control of trail use speed is
essential to the success of multiple use trails and overall safe use of District lands.
As you noted in your letter, if all trail users practiced safe and courteous trail use, accidents and
incidents would go away. Unfortunately some people are less courteous than others and
excessive speed is one of the primary causes of accidents on District lands.
Thank you again for relaying your thoughts to the Board.
Sincerely,
Peter Siemens, President
Board of Directors
cc: Board of Directors
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
F_
Open Space
R-95-62 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-11
May 10, 1995
AGENDA ITEM
Scheduling of June 21 and June 26, 1995 Special Meetings for the Purpose of Inwrviewing
and Selecting the New Ward 4 Director 4 e,-j
ASSISTANT GENERAL MANAGER'S RECOMMENDATIO
Schedule Special Meetings on Wednesday, June 21, 1995 anndM day, June 26, 1995, both
beginning at 7:30 P.M. at 330 Distel Circle, for the purpose of interviewing, selecting, and
appointing a new director to fill the Ward 4 vacancy.
DISCUSSION
At your April 26, 1995 meeting, you decided to use the appointment process to fill the
upcoming Ward 4 vacancy on the Board. Director Babbitt is resigning from the Board
effective May 24, 1995.
You determined that: 1) the deadline for submitting applications is Friday, June 16; 2) the
first round of applicant interviews will be on Wednesday, June 21; and 3) the final
interviews and appointment of the new Ward 4 director will be on Monday, June 26.
Prepared by:
Jean H. Fiddes, District Clerk
Contact person:
Same as above
330 Distel Circle Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-091-0485 E-mail: mrosd@netcom.com
Bwrd of Dir000rs:Pete Siemens,Mary C. D'Ivey Teeny I ierlshaw,Ginny Babbitt,Nonette I lanko, Betsy Crowder,Wim de Wit
Gencr,d nimigor:t.Craig Britton
0 en Space
P
R-95-64 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-11
May 10, 1995
AGENDA ITEM
Proposed Approval of Second Lease Amendment, Lease Agreement for the Historic Picchetti
Winery, Monte Bello Open Space Preserve
AD HOC PICCHETTI LEASE COMMITTEE'S RECOMMENDATION
Approve the attached second Lease Amendment to the Lease Agreement for the Historic
Picchetti Winery to achieve compliance with lease provisions and resolve lease issues without
litigation.
DISCUSSION
After the historic Picchetti Ranch and winery, consisting of 372 acres, was acquired by the
District in 1976, a six-acre area including the house, winery, and related buildings was identified
to be leased to a private party as a residence and to continue winemaking operations. A 25-year
lease was prepared, modeled after the successful historic lease experience at the Fremont Older
House in Fremont Older Open Space Preserve. The lease gave the lessee the right to live on
the property and run a winery in return for completion of the renovation of the house, winery,
and several other historic buildings. Unlike the Fremont Older House lease, the Picchetti lease
included provisions for several types of limited public use of, and access to, various elements
of the buildings and grounds. The Board of Directors selected a proposal from Ronald and
Rolayne Stortz to take on the lease. The Stortzes were considered top candidates because they
had experience in operating a small winery, had previous experience in historic renovation, and
proposed to live on the property with their family.
Soon after the inception of the lease in October, 1982, issues began to arise with both parties'
interpretation of and the Lessee's compliance with provisions of the lease. There were conflicts
about the Lessee's use of the facilities for private events - weddings and parties hosted by the
Lessee as part of their winery business - and about the use of one of the historic buildings by
the Lessee as an accountancy office. Some of these issues were addressed in the First
Amendment of the lease, executed in January, 1988, which also added a three-acre vineyard area
to the leasehold.
The renovation work and public amenities, including parking, restrooms, and picnic area, were
to have been completed within the first two to five years of the lease. The renovation and
improvement work lagged well behind schedule since the inception of the lease, such that this
year, halfway through the 25-year lease, some structures are still not completed. The Lessees
stated that they could not afford to complete them without additional time.
Staff continued during this time to negotiate with the Lessee regarding the completion of
330 Distel Circle - Los Altos, CA 94022-1404 - Phone:415-691-1200 - FAX:415-691-0485 - E-mail: rrirosd@net(-om.(-om
Board ofDirectors:Pete Siemens,Mary C. Davey, leeno I ienshaw, inny Babbitt, Nonette I lanko, Betsy Crowder,Wim de Wit
General Alm,ip,r:L.Craig Britton
R-95-64 Page 2
renovation, and to clarify arrangements for public access which would be, in staff s opinion,
consistent with the original provisions of the lease. After staff was unable to reach a satisfactory
agreement with the Lessee by October, 1994, staff sought and received authorization from the
Board to initiate litigation to terminate the lease if an acceptable settlement could not be reached.
An ad hoc Board committee consisting of President Pete Siemens and Director Nonette Hanko
worked diligently with staff and the Lessee since December 1994 to reach a settlement that
would avoid litigation. The Committee's objective in such a settlement was to clarify the
requirements and procedures of the lease as much as possible to reduce or eliminate the need
for future interpretation or negotiation by the Lessee or the District. The amendment provided
for your consideration accomplishes this objective. Key features of the amendment include:
• A new schedule for renovation of the remaining structures, which clearly states the scope
of work expected, sets limits for the cost in some cases, and sets clear deadlines for
completion of the work.
• Specific penalties for failure to complete renovation projects on time, consisting of a
month lost off the term of the lease for each month in delay of each component of the
project.
• Guidelines for public access that clarify and coordinate the District's and Lessee's rights
to hold and sponsor events and use the facilities. This includes standards for the types
and sizes of events and procedures for the scheduling of events.
Though born out of a difficult process, it is hoped that this Lease Amendment will usher in a
new era of communication, cooperation, and trust between the District and the Lessee, whose
interests are much more in alignment than opposed. We hope that many of the lessons and
specific provisions of the Lease Amendment should prove useful in addressing or avoiding such
management issues at other District properties.
Prepared by:
Randy Anderson, Planning Manager
Susan Schectman, Legal Counsel
Contact Person:
Susan Schectman, Legal Counsel
04/26/95
SECOND AMENDMENT TO LEASE AGREEMENT
HISTORIC PICCHETTI WINERY
THIS SECOND AMENDMENT to LEASE AGREEMENT is entered into as of May 10,
1995, by and between the Midpeninsula Regional Open Space District, a public special
district organized under the laws of the State of California (hereinafter referred to as
"District" or "Lessor') and RONALD J. STORTZ and ROLAYNE K. STORTZ (hereinafter
referred to as "Lessee").
RECITALS
A. Lessor is the owner of certain real property situated in Santa Clara County commonly
known as the Picchetti Winery.
B. Lessor and Lessee previously entered into a Lease dated October 27, 1982 by the
terms of which the Leasehold Premises were leased to the Lessee ("the Premises").
C. Lessor and Lessee entered into a Lease Amendment No. 1 dated January 13, 1988,
which amended the Lease to add certain parcels of land to the Leasehold Premises
and amended various provisions of the Lease.
D. The terms of the Lease and Lease Amendment required Lessee to perform and
complete certain physical improvements to the Premises by a date certain as well as to
perform certain other obligations under the Lease.
E. Lessor has requested Lessee to timely perform its obligations and to comply with the
covenants and conditions of the Lease, contending that certain obligations remain
unfulfilled. Lessee has requested that Lessor grant to Lessee additional time to fulfill
these obligations.
F. Lessor and Lessee desire to amend the Lease to resolve these issues by prescribing a
time schedule for completion of Lessee's obligations under the Lease, by providing
for additional remedies to Lessor in the event Lessee fails to timely comply, and by
providing for additional opportunities for public access and use of the Premises.
G. Lessee desires additional time to fulfill its obligations under the Lease. Lessor desires
the right to enhance public access and use of the Premises. Thus, it is in the best
interest of both Lessor and Lessee that the Lease be amended as herein set forth.
H. The 1982 Lease, 1988 Lease Amendment No. 1, and this Lease Amendment No. 2
are hereafter collectively referred to as "the Lease".
NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for
good, new and valuable consideration which includes the mutual promises herein set forth,
the parties hereto mutually agree and covenant to the following amendments to the Lease. In
1
04/26/95
all other regards, the Lease and Lease Amendment No. 1 shall continue in full force and
effect, unmodified.
Terms of Lease Amendment
! 1. Section 3 of the Lease is amended to read as follows:
The term of this Lease shall be for twenty-five (25) years commencing on the 1st day
of November 1982, unless terminated prior to the expiration of its original term
pursuant to the provisions of this Lease.
2. Section 4 of Lease is amended to add a new Section 4(b) to read as follows:
4(b) Rent and Late Payments. Lessee and District acknowledge and agree that in the
event that Lessor has failed to receive Lessee's 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 twenty-five dollars
($25.00) for each such late 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.
3. Section 5 of the Lease is hereby amended to add a new subsection (f) to read as
follows:
5(f) Amended Schedule for Completion of Historic Renovation
(i) Timetable. The timetable for completion of the historic renovation of the
improvements called for in this Section shall be completed by the Lessee in strict
compliance with the following timetable and conditions. All improvements shall be
I
completed properly by the deadline and be in a good, clean and safe condition:
2
04/26/95
CATEGORY & STRUCTURE IMPROVEMENT TO BE DEADLINE FOR
COMPLETED COMPLETION
Category H, Main House Complete porch repair. June 1, 1995
Category I, Fermentation Barn Get final inspection; install metal August 1, 1995
drain covers.
Category I, Garage Exterior Replace windows & missing November 1, 1995
battens; apply exterior paint or
preservative if recommended by
Review Committee.
Category II, Main House Exterior repairs and renovations June 1, 1996
pursuant to Alton Lee plans for
renovation dated June 9, 1987,
including gutters, downspouts,
backsteps, cellar doors &
windows; repair & maintain roof
in good condition.
Category H, Main House Exterior paint August 1, 1996
Site Plan Install landscaping and yard December 1, 1996
improvements as required by Site
Plan.
Category III, Homestead House Complete exterior renovation; December 1, 1997
replace broken windows and
doors; preservative treatment of
roof; exterior siding and trim;
paint or stain on exterior; replace
loose shingles; drainage system
improvements as defined in the
Sept. 29, 1994 Homestead House
grant application, Page &
Turnbull Architects; share cost of
trimming oaks, not to exceed
$500 cost to Lessee.
(ii) Homestead House. The parties acknowledge that Lessor or Lessee may apply for
historic renovation grant funds for all or a portion of the costs of completion of
renovation of the Homestead House pursuant to Section 13 of the Lease. Lessee is
obligated to complete the Homestead House improvements listed in Section 5(f)(i) by
December 1, 1997, whether or not Lessee or Lessor receive any such grant funds.
Lessor, in its sole discretion, may determine any type of Homestead House
improvements it may desire to undertake with any grant funds it receives. However,
Lessee's obligation to complete the Homestead House renovation shall not exceed
$15,000 in direct, out-of-pocket costs incurred by Lessee for materials and labor. If
Lessee is the applicant for and successfully obtains grant funds for all or a portion of
the Homestead House improvements it is required to complete herein, such grant
funds may be applied toward Lessee's $15,000 out-of-pocket cost repair obligation.
By prior written agreement, District and Lessee may also agree that District will be
the applicant or recipient of such grant funds sought by Lessee, and that such funds,
3
04/26/95
if obtained, will likewise be applied towards Lessee's $15,000 out-of-pocket cost
obligation. Lessee shall keep and maintain complete and accurate documentation,
records and receipts for all such expenditures, which shall be available for inspection
and copying by Lessor.
(iii) Site Plan. By June 1, 1995, Lessee will complete preparation of a revised Site Plan
required by Section 5(d) of the Lease and submit it to the Review Committee for
review and approval. If the Plan is not approved by the Review Committee, it shall
be returned to Lessee with directions for required corrections which shall be made by
Lessee and submitted to the Review Committee within 30 days. The Site Plan shall
include the items listed in the Lease, including yard improvements, and path to the
winery, aviary, fountain, fencing and a landscape plan. Pursuant to the Site Plan,
Lessee will remove existing bamboo growth in the creek located behind the
fermentation barn, except that Lessor will remove the bamboo roots and smooth the
creek bank. Lessee will be responsible for placing erosion control material such as
jute netting on the resultant bank surface, and planting and maintaining appropriate
vegetation to avoid bank erosion.
(iv) Default by Tenant. Lessor and Lessee specifically agree that the conditions and
covenants of Sections 5 and 8 of the Lease are material. A breach by Lessee of a
condition or covenant of Section 5 or 8 of the Lease will constitute a material breach
for which Lessor may pursue any of its remedies under the Lease. This provision
shall not be construed to mean that any other covenant, condition or provision of this
Lease is not material.
In the event Lessee fails to meet a deadline, Lessor shall give Lessee written notice
that it has elected to cancel a portion of the Lease term and to terminate the Lease at
an earlier date as set forth in Section 5(f)(v) as a result of the Lessee's failure to meet
a Lease deadline. The notice shall identify the improvement which has not been
completed and the deadline which has been missed by Lessee, and shall notify Lessee
of the new Lease termination date by which Lessee is required to vacate the Premises.
Lessee agrees to vacate and surrender the Premises on or before said Lease
termination date.
These remedies are not exclusive and are in addition to any of the Lessor's existing
remedies set forth in the Lease, including Section 35.
(v) Lessor's Remedies in the Event Lessee Defaults and Fails to Complete Improvements
by Deadline: In the event that Lessee fails to properly complete the improvements
listed in Section 5(f) by the deadlines set forth in Section 5(f), Lessor shall have the
right to cancel a portion of the Lease term and to terminate this Lease earlier than the
expiration of its original term as follows:
Failure of Lessee to complete an improvement by the deadline will result in a
decrease in the original Lease term. For every month or portion thereof Lessee is
delinquent in meeting each such deadline, the original Lease term will be decreased
by one month. If Lessee is delinquent in failing to meet more than one deadline, each
4
04/26/95
delinquency for each deadline will result in a separate decrease in a Leas q y r e the e term.
For example, if Lessee is concurrently delinquent in meeting two deadlines, the
Lessor's remedies shall cumulate and the Lease term will be decreased by two months
for each month or portion thereof the delinquency continues, and so forth.
Lessee shall provide prompt written notice to Lessor upon completion of each of the
improvements listed in Section 5(f). An improvement will not be considered to have
been completed by the Lease deadline unless and until it is completed properly in a
good, clean, and safe condition and Lessor has received this written notice. Pursuant
to Section 33 of the Lease, Lessor may inspect the Premises to determine compliance
with the provisions of this Section.
4. Section 6 of the Lease shall be amended to add a new Section 6(k) to read as follows:
Lighting. By October 1, 1995, Lessee shall install permanent lighting for use of the
Premises which occurs after daylight hours. The design and installation of the
lighting will be submitted by Lessee as part of the Site Plan required in Section
5(f)(iii) of this Lease Amendment, and shall be subject to review and approval by the
Lease Review Committee. Lessee's obligation to install lighting shall not exceed
$2,000 in direct, out-of-pocket costs incurred by Lessee for materials and labor. In
addition, if Lessee fails to install permanent lighting by October 1, 1995, it may no
longer use the public parking area for Lessee's own events which extend into the after
hours period until such time as permanent lighting is installed. Prior to October 1,
1995, Lessee shall provide temporary lighting for any night events.
5. Section 8(a) of the Lease shall be amended to add a new subsection 8(a)(1) to read as
follows:
8(a)(1). Lessee acknowledges its obligation to open and close this gate on a daily
basis. Lessee may request Lessor to open or close the gate under the following
conditions: Lessee shall notify Lessor at least 24 hours in advance of its request that
Lessor perform this act. Unless otherwise instructed, notice shall be provided to the
District Foothills Area Superintendent located at Rancho San Antonio Open Space
Preserve. Lessor's assumption of this responsibility will not exceed twenty (20) days
per year.
8(a)(2). Except as set forth in Section 8(a)(1), if Lessee fails to open or close the
gate as required by the Lease, Lessee shall reimburse Lessor for its direct costs of
personnel who must respond to the site due to after hours use-of the site by persons
resulting from Lessee's failure to close the gate or to open the gate to the public.
Such costs will be bill based on a one hour minimum charge. If vehicles remain in
the lot that prevent closing the gate, the Lessee shall notify the District Foothills Area
Superintendent or Ranger-in-Charge
Pe
b hone.
YP
6. A new Section i 8 shall
all be added to the Lease to read as follows:
5
04/26/95
8(i)
(1) During the term of this Lease, Lessee shall make the Leasehold Premises, Public
Amenities, and Parking Lot available for use by the general public as required by the
Lease. In addition, unless otherwise mutually agreed to in writing, the public access
to be made available by Lessee shall be no less than and in compliance with the type
and conditions of public access listed in the chart marked "Exhibit A" which is
attached hereto and made a part hereof.
(2) Lessor, with input from Lessee, will prepare and adopt a Public Access Plan,
consistent with the Lease and "Exhibit A", for public use and access of the site. The
purpose of the Plan is to enhance, identify and locate areas for public use of the
Premises. This may include improved signage; a self-guided tour using brochures
and/or signs; arrangement and display of pertinent objects or artifacts inside or
outside Category III buildings, or inside or outside other structures by mutual
agreement; and entry or viewing of interiors of structures or areas of buildings and
yard. Lessor and Lessee shall agree upon location, arrangement and display of
pertinent objects or artifacts inside or outside all buildings. Public access shall not
interfere with any rights Lessee may have under the Lease to use Category In
structures for storage or for their originally intended purpose. However, any such
storage or usage shall accommodate public access to the interior of Category III
structures for visitation use and viewing. Lessor will be responsible for the cost of
any public access improvements not already specified in the Lease as Lessee's
obligation.
7. A new Section 28(e) is added to the Lease to read as follows:
Section 28(e). Delinquent Insurance Payments. In the event Lessor elects to provide
insurance coverage at Lessee's cost as set out in Section 28(d), Lessor shall send
Lessee a written invoice of the amount of insurance premium due from Lessee.
Lessee shall pay the amount due in full within 60 days of the date of the invoice.
In the event Lessor fails to receive Lessee's insurance payment on or before 60 days
of the date of the invoice, Lessor will incur damages due, among other things, to
increased accounting and collection costs, the amount of which would be
impracticable and extremely difficult to fix. Lessee therefore agrees to pay, in
addition, a late charge of 1% interest of the overdue amount for each month the
payment is delinquent as liquidated damages, which amount represents a reasonable
approximation of the damages which are likely to result from such late payments.
8. Section 40 of the Lease shall be amended to read as follows:
Section 40. The waiver by Lessor or Lessee of any breach by the other party of any
of the provisions of this Lease shall not constitute a continuing waiver or a waiver of
any subsequent breach either of the same or of another provision of this Lease.
Neither Lessor's acceptance of rent following a breach by Lessee nor Lessor's
execution of a Lease Amendment shall be deemed a waiver of Lessor's right to
6
04/26/95
enforce any provisions of the 1982 Lease or 1988 Amendment No. 1 which shall be
in full force and effect except as modified by Lease Amendment No. 2.
9. Section 41 of the Lease is hereby amended to read as follows:
Lessor's address shall be amended as follows:
Lessor: General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
10. Section 47 of the Lease is amended to read as follows:
This Lease, together with Lease Amendment No. 1 dated January 13, 1988 and Lease
Amendment No. 2 dated May 10, 1995, along with any exhibits and attachments
thereto, constitute the sole and entire agreement between Lessor and Lessee respecting
the Premises and may be altered, amended or revoked only by an instrument in
writing, signed by Lessor and Lessee. Lessor and Lessee agree that no other leases
or lease amendments exist, and that all prior or contemporaneous oral or written
agreements or representations respecting the Premises not expressly set forth in this
Lease, or Lease Amendment No. 1, or Lease Amendment No. 2, are null and void.
11. (a) Any notice to be given or other documents to be delivered to either party by the
other hereunder may be delivered in person or may be deposited in the United States
mail in the State of California, duly registered or certified, withpostage prepaid,
addressed as follows:
LESSEE: Ronald and Rolayne Stortz
13100 Montebello Road
I�
Cupertino, CA 95014
LESSOR: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Each party hereto may, from time to time, by written notice to the other, designate a
different address which shall be substituted for the one specified above. If any notice
or other document shall be sent by registered or certified mail_as aforesaid, the same
shall be deemed to have been effectively served or delivered at the expiration of
twenty-four (24) hours following the deposit of said notice in the United States mail in
the manner set forth above.
(b) Unless otherwise provided herein, this Lease and all amendments or deletions
hereto shall be administered on DISTRICT'S behalf by the General Manager of
DISTRICT, or his designee.
7
04/26/95
LEASE AMENDMENT NO. 2
"EXHMI T A"
Lease Area of Public Access Category of Conditions on Access
Paragraph User/Activity
8b Public Amenities: parking, restrooms, Government Park Generally available by mutual consent
picnic area,200 sq. 8. of covered &Rec.
building area. Tack room will be Depts./Programs
considered acceptable to meet 200 sq. (e.g., day camp,
ft. requirement. historical,
environmental,
cultural programs)
I
8
04/26/95
i
Lease Area of Public Access Category of Conditions on Access
Paragraph User/Activity
8c and 10 Cat. I Improvements: winery, Docent-led or 1. Generally available(except at sole discretion of
fermentation barn, garage similarly Lessee during 4-week harvest period in fall). Users
Cat. III Improvements: homestead supervised apply through lessee for scheduling. 30 persons shall be
house,blacksmith shop, barn and individual or group the maximum number of persons per event for docent-led
stalls members of tours of the buildings. Other than events held in
Public Amenities: parking, restrooms, public. Lessee or conjunction with Category 8(c)(2) and 8(e)(3) events, no
picnic area its representative after hours events will occur in this category,except on
will provide access consent of Lessee. Tours shall not exceed 2 hours,
as scheduled and excluding time spent using Public Amenities. Total tour
agrees to be time shall not exceed 3 hours. No commercial food
present to provide service on site. District representative will be responsible
building access. for clean-up and trash removal.
Exterior of all of above(*except as
noted below), interior viewing areas District-sponsored 2. 6/yr, consisting of no more than 3 weekend days. In
approved pursuant to §8(i)(2) of this and supervised January of each year, District and Lessee shall mutually
Lease Agreement, plus interior of public events schedule specific District events for that calendar year.
winery tasting room and Public Events not scheduled in January may be scheduled later
Amenities. in the year provided there is no conflict with previously
scheduled winery events. At District's discretion,
'3 of the 6 events described under District events shall include one weekday and one
§8(c)(2) may consist of not more than weekend day during Spring, Summer, and Fall season;no
130 people on site at one time. These alcohol in the winery building or upon leasehold
same 3 events may also include access premises,except as provided by winery; no meals in
to interior of all of above. Such winery building; light refreshment&beverage permitted
access to Category I and III buildings in winery;picnic meals permitted in public amenities;
other than the winery shall consist of District personnel will supervise event&cleanup; $100
tours and viewing. Other uses and security&cleaning deposit; $50 of that fee non-
activities on the Leasehold Premises refundable; $60 fee for use of tables and/or chairs; 10:00
may occur in conjunction with these p.m. curfew. Number of people at such events shall be
events with the prior consent of the limited to 130 people per event except that 3 of the 6
Lessee,which shall not be events shall be limited to 130 people on site at one time.
unreasonably withheld. These 3 Larger events may be held by mutual consent. For
events will be considered as satisfying attendance of 100 persons or more, at least 2 District
the provisions of Paragraph 10 of the personnel shall be present. To confirm scheduled events,
Lease. or to reschedule events,provided there is no conflict with
events previously scheduled by the other party, each party
will provide the other with a minimum one week notice,
including the day,times, name and type of event, number
of people, and cars expected.
For the 3 events which may exceed 130 people per event,
District shall coordinate with Lessee to obtain its consent
regarding event logistics, including traffic, parking,
sanitation and related arrangements,which consent shall
not be unreasonably withheld.
District internal 3. 6/yr; same scheduling and conditions as No. 2 above,
event except that weekend use shall not conflict with 11:00
Exterior of all of above,plus interior a.m. -3:00 p.m. winery tasting hours. Set-up can begin
of winery tasting room and Public at 3:00 p.m., but event shall not commence until 4:00
Amenities. p.m. No security and cleaning deposit is required.
at is understood that District's traditional catered events
with alcohol service by Lessee,such as the employee,
volunteer and docent appreciation events, are not within
this provision; conditions subject to mutual agreement.)
9
04/26/95
Lease Area of Public Access Category n o of Conditions
� Access
Paragraph User/Activity
8e Cat I Improvements:winery, General public Open for public visitation use and enjoyment 2
fermentation barn (not garage) days/weck,8 hrs/day Incl. 1 weekend day except during
Public Amenities: parking, restrooms, crushing
picnic area
Except as set out in 8e, no general
public access to interior of
fermentation barn or winery basement
- Lessee will accommodate access to
Cat III improvements instead
8f Leasehold Premises All public users Public "After hours use" (other than regular preserve
and uses as listed hours)at sole discretion of Lessee,except as set forth in
above 8(e)
8g Public Parking Area and surrounding Lessee 1. District provides blanket permission for use of public
preserve parking lot by Lessee for its scheduled winery events,
provided there is 1 week's notice to District from Lessee,
reservation of 10 spaces for regular public use, and no
conflict with previously scheduled District events.
2. In addition to use of the parking area for events in
Public Parking Area and surrounding Group or Category 8(c), in January,District may reserve up to the
preserve individual entire parking lot for this category of use for specific
members of the events up to 6 times per year, which may include
public; special weekdays or weekends,during each season. Events not
District events reserved in January may be scheduled later in the year
provided there is no conflict with previously scheduled
winery events. In addition, up to 6 times per year,
District may reserve the parking area for other District or
public events, so long as such events do not conflict with
previously scheduled winery events, and there is a
maximum of four weeks' notice.
When District use of the public parking area for events as
provided for in this paragraph conflicts with scheduled
winery tasting hours, at least 10 spaces shall be reserved
in the public parking area for winery visitors.
i
I
10
I
04/26/95
IN WITNESS WHEREOF, the parties have executed this LEASE AMENDMENT NO. 2 as of the date
first hereinabove written
LESSEE:
Date:
Ronald J. Stort6/
Date:
9
Rol yne KdStortz
LESSOR:
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Date:
President, Board of Directors
ATTEST:
Date:
District Clerk
APPROVED AS TO FORM:
Date:
Legal Counsel
11 �
Opery Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-95-65
Meeting 95-11
May 10, 1995
AGENDA ITEM
Informational Report on Santa Clara County Trails Master Plan Update
ASSISTANT GENERAL MANAGER'S RECOMMENDATION
Since this is an informational report, no action is requested at this time.
DISCUSSION
The County of Santa Clara is in the process of updating the County Trails Master Plan and is
expected to complete the task within the next six months. The process began in 1992 when
the Board of Supervisors appointed a Trails Master Plan Advisory Committee to conduct a
comprehensive review of the Trails Master Plan. As part of the master plan process, the
county has reviewed its existing trail policies and alignments and has updated them to reflect
current conditions and needs. During this review, county staff solicited input from staff
representing jurisdictions within the county, including the District, and held public meetings
in preparation of the plan. In April 1995, the committee released a draft report for public
review and has conducted a series of public workshops throughout the county. The draft
report contains trail policies, criteria for evaluating trail systems, design and management
guidelines, trail priorities, and a map showing preferred trails routes. The county anticipates
approval of this plan by the Board of Supervisors early fall 1995. A copy is available at the
District office.
Julie Bondurant, county staff representative to the Trails Master Plan Advisory Committee,
will make a presentation to you describing the planning process and content of the
Countywide Trails Master Plan Draft Report, and summarizing comments made at recent
public workshops.
Prepared by:
Del Woods, Senior Planner
Contact Person:
Same as above
330 Distel Circle - Los Altos, CA 94022-1404 « Phone:415-691-1200 * FAX:415 091-0485 * F.-mail: mrosd@netcom.com
Board of Oirv(tors:Fete Siemens,May C.Davey, Teena Hcnshaw,Ginny Babbitt,Nonette I lanko,Betsy Crowder,Wirn de Wit
Generaf Manager:L.Craig Britton
_
e�
Claims No. 95-09
K3eeUngQ5-1O
Date: May 10. 1995
&1|OPEN/NQULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7622 220.84 Acme & Sons Sanitation Sanitation Service
7623 145.30 All Laser Service Equipment Supplies
7624 25.00 American Trails Subscription
7625 26.94 American Welding Supply Welding
7626 81.60 Randy Anderson Private Vehicle Expense
7627 93.90 APA Planners Bookstore Books
7628 468.32 Arno' Signs & Decal Co.. Inc. Signs
7629 159.38 AT & T Telephone Service
� 7630 55.00 Baron Welding & Iron Works, Inc. Field Equipment Repair
7831 89.00 Bi||'s Towing Service Towing Services
7632 47.75 Black Mountain Spring Water Water
� 7633 637.83 BTK&DRedwood Office Furniture
� 7834 440.25 Cabo|a'a |no. Uniform Expense
7635 1354.42 Ca||o Sign Company Signs
7636 440.51 Annette Coleman Reim buroennent-Off ice Supplies
7637 13.32 Crest Copies, Inc. Maps and B|un|ineo
7638 33.20 Emergency Vehicle Systems Field Equipment
� 7638 100.00 FCC Auto Body Vehicle Inspection
�
� 7840 100�00 Andrew Galvin Docent Training
7641 58.38 Garden|ond Power Equipment Equipment Repair
7642 41.60 Gibson Studio Photographs
7643 244.69 W.W. Grainger, Inc. Field Supplies
� 7644 92.01 G. | . Trucking Freight Charges
7645 22.48 G & KEnterprises Shop Towel Services
� 7646 100.67 Hengeho|d Motor Co.. Inc. Vehicle Rental
� 7647 63.46 Emma Johnson Reimbursement-Kitchen Supplies
� 7848 139.00 Keye Productivity Center Seminar-J. Fiddae
7649 99.13 Kinko'sAJRProgram May Docent Newsletter
7650 54.30 Judy Law Private Vehicle Expense
7651 125.00 BadLevinoon Consulting Services
7652 130.00 Los Altos Garbage Company DumpotmrRanba|
7653 100 OO Los Gatos Chamber of C Newsletter | t
� . r onnrnern* Insert Fee
7654 1'G1 1.91 W1erxvin A. Mace Consulting Services
7G5G 7G.OD Menlo Park ChennberofCunnmnerca Newsletter Insert Fee
�
7656 340.00 Metro K8obi|eCornnnuniomtions Radio Repair
� 7657 63.91 Minton's Lumber Supply Field Supplies
�
7658 l'DGO.O8 K8onogrorn8anita�on Sanitation Supplies and Repairs
�
7658 150.00 Mountain View Chamber ofCommerce Newsletter Insert Fee
7060 45.00 Roger Myers Docent Training
7861 19.60 Nebcom On-line Service
7863 188.92 Noble Ford Tractor, Inc. Field Supplies
7663 234.48 Pacific Bell Telephone Services
� 7664 225.00 Palo Alto Chamber nfCommerce Newsletter Insert Fee
� 7665 104.71 Peninsula Blueprint, Inc. B|ue|ines
7666 155.90 PIP Printing Brochures
� 7667 53.70 Warren Phillips Reimbursement-Field Supplies
� 7668 5.970.00 Platypus Studio Consulting Services
Page
ClaimsQ5-00 ^+
MeeUng9S-1O
Date: May1O. 1995
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Nome Description
7669 10.37 Precision Engravers Field Supplies
7671 _".^" Rancho Hardware Field Supplies
7672 100.00 Redwood City Chamber of Commerce Newsletter Insert Fee
7673 2.146.01 Rich's Tire Service Tires for District Vehicles
7674 395.34 Roy'm Repair Service Vehicle Service and Repair
7675 50.00 San Carlos Chamber ofCommerce Newsletter Insert Fee
7676 298.47 OavidSanguinetti Reimbursement-Field Supplies
7677 35.00 Saratoga Chamber ofCommerce Newsletter Insert Fee
7678 267.63 Shelf Oil Company Fuel
7679 18.00 °1 Sonoma County Public Health Department Medical Services
7680 107.23 S &VV Equipment Company Field Equipment
� 7681 225.00 Sunnyvale Chamber ofCommerce Newsletter Insert Fee
� 7682 1.276.82 Toebar& Etc. Maps
7683 25.02 University Art Center Frames
7884 21.03 Unocal Fuel
7685 112.75 West Coast RebarCompany Rebor
7686 719.86 The Workingman's Emporium Uniform Expense
7687 7072 Yordbird Equipment Sales Field Equipment
~1 Urgent Check Issued April 28.1QQ5
_
Claims No. S5-0Q
NkaeUnDS5-1O
Date: May 10. 1QQ5
Revised
K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7622 220.84 Acme& Sons Sanitation Sanitation Service
� 7623 145.30 All Laser Service Equipment Supplies
' 7624 25.00 American Trails Subscription
7625 26.84 American Welding Supply Welding
7626 81.60 Randy Anderson Private Vehicle Expense
7627 93.90 APA Planners Bookstore Books
7628 468.32 Arne' Signa& Decal Cn.. Inc. Signs
7629 159.38 A T & T Telephone Service
7030 56.00 Baron Welding & |/nn Works, Inc. Field Equipment Repair
7631 89.00 Bi||'n Towing Service Towing Services
7632 47.75 Black Mountain Spring Water Water
7033 637.83 BTK&ORedwood Office Furniture
7634 440.25 Cabo|a'u |nn. Uniform Expense
7635 1354.43 Cm||o Sign Company Signs
7636 440.51 Annette Coleman Reinnbursonnent-Off ice Supplies
7637 13.32 Crest Copies, Inc. Maps and B|uo|inea
7038 33.20 Emergency Vehicle Systems Field Equipment
7639 100.00 FCC Auto Body Vehicle Inspection
7040 100.00 Andrew Galvin Docent Training
7841 58.38 Garden|and Power Equipment Equipment Repair
7642 41.60 Gibson Studio Photographs
7843 244.60 W.W. Grainger, Inc. Field Supplies
� 7644 92.01 G. | . Trunking Freight Charges
�
7645 22.48 G & KEnterprises Shop Towel Services
�
� 7646 100.67 HanQeho|d Motor Co.. Inc. Vehicle Rental
7647 63.46 Emma Johnson Reimbursement-Kitchen Supplies
7648 139.00 Naye Productivity Center GeminnpJ. Fiddem
� 7649 09.13 Kinkn'aA/RProgram May Docent Newsletter
�
7850 54.30 Judy Low Private Vehicle Expense
7661 125.00 BadLevinoon Consulting Services
7652 130.00 Los Altos Garbage Company OurnpmborRmnto|
7653 100.00 Los Gatos Chamber ofCommerce Newsletter Insert Fee
7654 1'611.81 K8ervvin A. KAoco Consulting Services
� 7655 75.00 Menlo Pork Chamber ufCommerce Newsletter Insert Foe
7850 240.00 K8etroK8obi|eCnrnmuniuotionx Radio Repair
7657 63.91 KAinton'o Lumber Supply Field Supplies
7658 1.060.08 Monogram Sanitation Sanitation Supplies and Repairs
7059 150.00 Mountain View Chamber ofCommerce Newsletter Insert Fee
7860 45.00 Roger Myers Docent Training
7661 19.50 Netonnn On-line Service
7662 168.92 Noble Ford Tractor, Inc. Field Supplies
7663 224A9 Pacific Bell Telephone Services
7664 225.00 Palo Alto Chamber ofCommerce Newsletter Insert Fee
7865 104.71 Peninsula Blueprint, Inc. B|uaUnao
7666 155.08 PIP Printing Brochures
Page
� Clahnm95-O8
K8eebngQ5-iD
Date: K8ay1D. 1995
Revised
K8|DPEN|N@ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7667 53.70 Warren Phillips Reimbursement-Field Supplies
/ 7668 5.970�00 Platypus Studio Consulting Services
! 7689 10.37 Precision Engravers Field Supplies
7670 84.96 PhoeComtoo Membership Fee
7871 40.30 Rancho Hardware Field Supplies
7672 100.00 Redwood City Chamber ofCommerce Newsletter Insert Fee
7673 2.146.01 Rich's Tina Service Tires for District Vehicles
7674 395.34 Roy'm Repair Service Vehicle Service and Repair
7675 50.00 San Carlos Chamber ofCommerce Newsletter Insert Fee
7878 298.47 DovidGonguinetti Reimbursement-Field Supplies
7077 35.00 Saratoga Chamber ofCommerce Newsletter Insert Fee
7678 267.63 Shell Oil Company Fuel
7679 18.00 °1 Sonoma County Public Health Department Medical Services
7680 107.23 8 &VV Equipment Company Field Equipment
7681 225.00 Sunnyvale Chamber ofCommerce Newsletter Insert Fee
7682 1.276.82 Teaber& Etc. Maps
7683 25.02 University Art Center Fnsrnem
� 7684 21�O3 Unocal Fuel
�
� 7685 11275 West Coast Robm/Company Rebar
7688 719.86 The Workingman's Emporium Uniform Expense
7687 70.72 `/erdbird Equipment Sales Field Equipment
7888 195.00 Advanced Management Institute Class Registration-R. Anderson
7889 281.42 SusanSohootman Reimbursement-Conference
7690 192�64 Petty Cash Books, Private Vehicle Expense, Film
and Developing, and Office Supplies
^1 Urgent Check Issued April 28.1QQG
�
�
�
�
�
�
�
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Page 2
Open Space
_ _ b
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: Jean Fiddes, Assistant General Manager
DATE: May 5, 1995
SUBJECT: FYI
330 Distel Circle Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosd@netcom.com C�
Board of(hectors:fete Siemens,Mary C. Davey,Teena t lenshaw,Ginny Babbitt,Nonette i lanko, Betsv Crowder,Wim de Wit
General Manager:L.Craig Britton
Open Space
----------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
May 4, 1995 This letter announcing Ward 4 vacancy and appointment process was sent to:
Members of Mountain View and Los Altos City Councils
Mr. James Cochran Parks and Recreation Commissions
Planning Commisions
Mountain View City Council Santa Clara County Board of Supervisors
2422 Thaddeus Drive U.S. Senators Boxer and Feinstein
Mountain View, CA 94043 U.S. Representative Eshoo
California Senator Members Alquist and Campbell
Dear Mr. Cochran: California Asembly Members Concert,Cortese,Sher, Speier and Vasconcellos
Virginia Babbitt, a member of the Midpeninsula Regional Open Space District Board of
Directors representing Ward 4, has announced her resignation, effective May 25, 1995. The
District's Board of Directors, under the authority of California Government Code Section
1780, voted to appoint a successor to represent Ward 4 for the remaining one and one-half
years of Director Babbitt's term. The purpose of this letter is to invite your suggestions and
recommendations of individuals who would be willing to serve in this important office.
The appointment of a successor must be accomplished by July 23, 1995, which is within
sixty days of the effective date of Director Babbitt's resignation. Individuals interested in
applying for the position must complete an application form. The deadline for submitting
completed applications is Friday, June 16. A Special Meeting of the Board of Directors will
be held on Wednesday, June 21 at 7:30 P.M. for the initial round of interviews. The second
round of interviews and selection of a new Ward 4 Director will be on Monday, June 26, at
7:30 P.M.
The person appointed to fill the vacancy will serve until the next District general election in
November 1996, which is the regular Ward 4 election date.
The appointee must be over the age of 18, a registered voter, and must reside within Ward
4. Enclosed is a map showing the boundaries of Ward 4 which includes Mountain View, the
Moffett Field area, and North Los Altos (bounded by Adobe Creek, Foothill Expressway,
and Springer Road).
Please relay your suggestions by phone or mail to the District Clerk as soon as possible or
ask any potential applicants to contact the District. An information packet and the
application form will then be mailed to the individual(s).
Thank you for your assistance in this important matter. We hope to -hear from you in the
near future.
Very truly yours,
Peter W. Siemens, President
Board of Directors
330 Distel Circle * Los Altos, CA 94022-1404 o Phone:415-691-1200 * FAX:415-691-0485 * E-mail:mrosd@netcom.com
Board or 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 DISTRICr
Planning Commission
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Dear Planning Commission Members:
The Midpeninsula Regional Open Space District (District) staff have reviewed the Draft
Supplemental Environmental Impact Report for the Quarry Hills Subdivision. As you know, the
District owns and manages over 3000 acres of open space adjacent to the project area and, in
the spirit of cooperation, would like to offer suggestions regarding proposed trails and parking
within the project site.
�
Rancho San Antonio Open Space Preserve borders the Quarry Hills property to the northeast and
provides local residents with recreational trails and an expansive scenic backdrop. The dose
relationship between the open space preserve and proposed subdivision offer the developer and
Town an opportunity to expand the existing public trail network and improve related patrol and
emergency access to the trail network.
There are two existing roads within the project site that should beofparticular interest to trail
users, land stewards and public safety officials. The roads are located in the western portion of
the project site and extend west and south into the adjacent open space preserve. Both have
been used for emergency and patrol access in the past and, at various times, have provided
informal neighborhood trail access to VVindrni|| Pasture and the central pad of the open space
� preserve. Neighbors to the project site and future residents of the subdivision could greatly
�
� benefit by maintaining these two existing roads for trail use, patrol, maintenance and emergency
access.
The following comments focus on sections of the 5E|R where additional clarification and
information is suggested:
). On Page 3, Figure 1 - Vidnity Map, should show the current boundaries of Rancho San
Antonio Open Space Preserve which includes the area contiguous to the proposed
subdivision.
2. On Page 30, Town of Los /\|Lns Hills Master Path Plan, Lot 23 Should be included in the
description of lots impacted 6» the proposed mnsitetrai|s.
3. On Page 41, under Project Impacts on Transportation and Traffic, onstreet parking
problems are not addressed. The public streets are not wide enough to accommodate
onstreet parking. Local residents seeking parking and access to the proposed public trails
will most likely park onstneet and inhibit the Oovv of traffic. This type of problem is
prevalent when public parking is not provided in the vicinity of a public tnai|head.
3}00$e| Circle ^ Los Altos, [A94022'|404 ^ Phone:4|5-b9l |ZOO ° FAX:4l5-h9|'0485 ° E-mail: m,os6@netcomzvm 0
Board v/Directors:Pete Siemens,Mary c Davey,nr"anen,haw.c/nnr Babbitt,w^nettexanko.Betsy Crowder,w/mu,Wit
con*ra/w^naxe ./.c,a/ge,.von
`
Examples of this have occurred at the end of Mora Drive and Kavensbury Road where
local residents resist driving k) Cristo Rev Drive to gain access kzthe open space �
preserve.
4. On Page 45, under Project Impacts on Transportation and Traffic ' Emergency Access,
potential impacts resulting from the elimination of emergency vehicular access tothe
existing hillside roads has not been included. There are two existing roads that provide
vehicular access tothe upper portions of the property and preserve. Assuming trail
easements are an integral part of the plan, their implementation should include nearby
vehicular access for patrol, maintenance and emergency access for public safety and fire
protection purposes. The existing roads are wide enough to accommodate mid-sized
public service vehicles needed to provide these services.
5. On Page 53, under Geologic and Soils |rnpacts - Hillside Area Potential Debris Flow
Impacts (O0site), potential slope failures from Swale #1 are identified in the vicinity of
Lot 18 which would indicate that grading should not occur in this area. This information
contained in this section would lead to the conclusion that there is an unidentified impact
associated with constructing atrai| along the east boundary of Lot 18 and beyond in
Svva|n #1 located on the open space preserve. District standards would prohibit trail |
construction within the open space preserve if the trail grades required are in excess of
10% and the svva|e is determined to be unstable.
6. On Page 53, under Geologic and Soils |rnpact - SLabi|itynfGraded Slopes in the Hillside
Area, potential erosion associated with trail construction on excessively steep slopes is
�
not addressed. This section indicates theme are problems related to roads and hornesite in
the hillside area but omits discussion concerning trails. Our experience shows that trails
constructed in excess of 10% lead to erosion and slope instability, and require a high
level of maintenance.
� 7. On Page 58, under Mitigation for Geology, Soils and Seismicity Impacts, a section should �
� be included for mitigation associated with trail construction that exceeds 10% and occurs �
� in locations where slopes have been identified as unstable. At anininun' there should �
�
be mitigation addressing impacts from trail construction from Swale #1. �
M. On Page 1 15-116, under Mitigation for Cumulative Land Use Impacts, we support
� mitigation recommended for the applicant to construct connecting trails and provide
offstreet parking. District staff have met with members of the Tovvn's Pathways
�
Committee and Town Engineer to discuss trail alignments and parking issues. Since that
� meeting, District staff evaluated recommendations proposed in the Tovvn's Pathways
' Committee Report, dated April 12, 1995. VVe generally support their recommendations
as they pertain to the hillside trails and offer the fo||Vvvin# comments.
Trails
/\ single Uai|head is more manageable than multiple toai|heads and could be located
adjacent tn Street C between Lots 19 and 22 (see attached map). From here, there is an
existing road climbing through Lot 21 in the westerly direction and connecting to the
open space preserve near the northern boundary. Aoecond existing road extends
southerly through Lot 20 and also connects to the open space preserve Both roads are
the most practical alignments for future trail use since they are permanent in nature and
can be used for emergency vehicular occess..
�
�
�
Parking
| Public
parking is desirable in the vicinity ofthe ,'~r~~~~ hai|head near Street C. Local
| residents will often park ax close bo the Uai|head as possible even though the bai|head
� may be walking distance from their homes. The nearest public parking areas for Rancho
San Antonio� Open Space Preserve are at Rhus Ridge Road and Cristo Rey Drive. The
! District directs regional access and parking to Rancho San Antonio County Park but finds
there is still a local need for parking at various trai|heeds around the open space preserve.
Rhus Ridge Road parking area is an example ofaneighborhood access point where there
are currently eight parking spaces. There are many weekends this parking area is filled to
capacity and expansion is planned in the near future. Based on this experience, it is |
suggested the subdivision include public parking for minimum of eight vehicles and �
expansion he possible if additional parking needs develop in the future.
Thank you for the opportunity to review and comment on the 6E|R. Please contact me if you
have any questions. We look forward to working with the Town in an effort to enhance access
to Rancho San Antonio Open Space Preserve.
Sincerely, �
Planning Manager
�
� .
�
�
�
�
�
'
�
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t
••••• Project Site Boundary r • _ ` � `� +....�...
Path Designations t
r i
umauw Connector __ C�'�-� _•< � 't'-_ _ -.a
III Local ,
Arrows designate paths J-;. ' _ — 1 ' rr ram. •-Cr
to be connected when H
= `e�,;. _ \ ^fP^k_ •y �i'�
I property develops. — . a
nz
•• � ��7, r r•% _ i. ' }' ` :_` fit♦
LM IS
••••• f —23
-- - Public Tr all _ �i EXISTING LAKE
i
Easement +
�i_
EXISTING ROADS%TRAILm.ULPubS. _ 9`F
I rail Ease t 1I -_ �, 1 r. fir: ,0.1i .
• - �' - `MYpA, rQUARRY HILLS
• \ =�' ,.�...... .....�.. " r... YrPV �.ors.c.TENTATIVE
uA MAP .w�q.,,-„• yy�4 0 �i �' LOS ALTOS HILLS
MIDPENINSULA REGIONAL OPEN SPACE ,:
DISTRICT _ s
LOS ALTOS HILLS MASTER PATH PLAN FIGURE 6
29
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Malcolm Smith
April 27, 1995 Public Affairs Manager
(415) 691-1200
Open Space District To Appoint
New Board Member , Seeks Applicants
Los Altos, CA -- The Board of Directors of the Midpeninsula Regional Open Space District
decided at last night's meeting to use the appointment process to fill an upcoming vacancy on the Board.
The appointment will fill the vacancy which will be left by the departure of Ward 4 Director Ginny
Babbitt, who recently announced her resignation from the Board, effective May 24, 1995. Her term
expires in November, 1996.
The District is seeking applicants who reside in Ward 4, which includes the City of Mountain
View, the Moffett Field area, and north Los Altos (bounded by Adobe Creek, Foothill Expressway, and
Springer Road). The deadline for submitting applications is June 16, 1995. The Board will choose
applicants for the first round of interviews, which is scheduled for June 21. Final interviews and the
appointment are scheduled for June 26. By law, the appointment must be made by July 23, 1995.
Applications are available at the District office, 330 Distel Circle, Los Altos. Additional information
may be obtained by calling Jean Fiddes, Assistant General Manager, at (415) 691-1200.
The vacancy left by her departure can, by State law, be filled either by special election, by
regular election, or through appointment by the Board of Directors. The Board decided to use the
appointment process in order to expedite the filling of the seat. The next available election would be in
November, 1995 and the Board determined that it did not want the constituents in that area of the
District to remain unrepresented for six months. By using the appointment procedure the District will
not have to bear approximately $33,000 in election costs.
(more)
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:nirosd@netcom.com 0
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 procedure approved by the Board includes the advertisement for and solicitation of
applications for the seat, an application review period, two sets of public interviews, and a public
selection of the new Board member. The individual selected to fill the vacancy will serve the balance of
Director Babbitt's term, until November, 1996, at which time he or she may stand for election.
In the past, mid-term Board vacancies to be filled by appointment have resulted in large numbers
of very qualified people submitting applications. The Board has interviewed up to seven individuals for
one seat, illustrating that this procedure garners a wide selection of candidates. With the interviews
taking place during public meetings, the community also has the opportunity to be involved and assist
the Board in making a decision.
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.
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.
Claimo8S-0Q
yNoeUngQ5-1U
Date: May 1O. 1S95
Revised
� K8|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT
Description# Amount Name
7667 5370 Warren Phillips Reimbursement-Field Supplies
7668 5.970.00 Platypus Studio Consulting Services
7669 10.37 Precision Engravers Field Supplies
7670 64.96 PhoeOostco Membership Fee
7671 40.30 Rancho Hardware Field Supplies
7672 100.00 Redwood City Chamber ofCommerce Newsletter Insert Fee
7073 2.146.01 Rich's Tire Service Tires for District Vehicles
7874 395.34 Roy'a Repair Service Vehicle Service and Repair
7675 50.00 San Carlos Chamber ofCommerce Newsletter Insert Fee
7676 298.47 DavidSonguinetti Reimbursement-Field Supplies �
7677 35.00 Saratoga Chamber ofCommerce Newsletter Insert Fee
� 7678 267.63 Shell Oil Company Fuel
�
7679 18.00 °1 Sonoma County Public Health Department Medical Services
7680 107.23 S &VV Equipment Company Field Equipment
� 7681 236.00 Sunnyvale Chamber ofCommerce Newsletter Insert Fee
7682 1.276.82 Toatar& Etc. Maps
� 7683 25.02 University Art Center Frames
� 7684 21.03 Unocal Fuel
7685 112.75 West Coast RabmrCompany Rabar �
� 7G88 71S�8G The VVorhinQrnon'aEnnpohuno UnihurnnExpense
�
� 7687 7072 Yardbind Equipment Sales Field Equipment �
7688 185.00 Advanced Management Institute Class Registration-R. Anderson
� 7088 261.42 8ueonGnhectmon Reimbursement-Conference
� 7690 182.64 Petty Cash Books, Private Vehicle Expanse. Film
�
and Developing, and Office Supplies �
�
°1 Urgent Check Issued April 281995
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Claims No. 95-09
Meeting 95-10
Date: May 10, 1995
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7622 220.84 Acme & Sons Sanitation Sanitation Service
7623 145.30 All Laser Service Equipment Supplies
7624 25.00 American Trails Subscription
7625 26.94 American Welding Supply Welding
7626 81.60 Randy Anderson Private Vehicle Expense
7627 93.90 APA Planners Bookstore Books
7628 468.32 Arne' Signs & Decal Co., Inc. Signs
7629 159.39 A T & T Telephone Service
7630 55.00 Baron Welding & Iron Works, Inc. Field Equipment Repair
7631 89.00 Bill's Towing Service Towing Services
7632 47.75 Black Mountain Spring Water Water
7633 637.83 BT K&D Redwood Office Furniture
7634 440.25 Cabela's Inc. Uniform Expense
7635 1354.42 Callo Sign Company Signs
7636 440.51 Annette Coleman Reimbursement--Office Supplies
7637 13.32 Crest Copies, Inc. Maps and Bluelines
7638 33.20 Emergency Vehicle Systems Field Equipment
7639 100.00 FCC Auto Body Vehicle Inspection
7640 100.00 Andrew Galvin Docent Training
7641 58.38 Gardenland Power Equipment Equipment Repair
7642 41.60 Gibson Studio Photographs
7643 244.69 W.W. Grainger, Inc. Field Supplies
7644 92.01 G. I . Trucking Freight Charges
7645 22A8 G& K Enterprises Shop Towel Services
7646 100.67 Hengehold Motor Co., Inc. Vehicle Rental
7647 63.46 Emma Johnson Reimbursement-Kitchen Supplies
7648 139.00 Keye Productivity Center Seminar-J. Fiddes
7649 99.13 Kinko's A/R Program May Docent Newsletter
7650 54.30 Judy Law Private Vehicle Expense
7651 125.00 Elad Levinson Consulting Services
7652 130.00 Los Altos Garbage Company Dumpster Rental
7653 100.00 Los Gatos Chamber of Commerce Newsletter Insert Fee
7654 1,61 1.91 Merwin A. Mace Consulting Services
7655 75.00 Menlo Park Chamber of Commerce Newsletter Insert Fee
7656 240.00 MetroMobileCommunications Radio Repair
7657 63.91 Minton's Lumber Supply Field Supplies
7658 1,060.06 Monogram Sanitation Sanitation Supplies and Repairs
7659 150.00 Mountain View Chamber of Commerce Newsletter Insert Fee
7660 45.00 Roger Myers Docent Training
7661 19.50 Netcom On-line Service
7662 168.92 Noble Ford Tractor, Inc. Field Supplies
7663 234.49 Pacific Bell Telephone Services
7664 225.00 Palo Alto Chamber of Commerce Newsletter Insert Fee
7665 104.71 Peninsula Blueprint, Inc. Bluelines
7666 155.90 PIP Printing Brochures
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