The URL can be used to link to this page

Home My Public Portal About19950823 - Agenda Packet - Board of Directors (BOD) - 95-20 OpenS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-20 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California August 23, 1995 (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF THE DAY -- Introduction of Ranger Brendan Downing ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- P. Siemens *** APPROVAL OF MINUTES June 28, 1995 (Consent Item) July 8, 1995 (Consent Item) July 26, 1995 (,Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Approval of Employment Agreement with Michael Foster, District Controller, Including Setting Annual Salary at $9,500 and Instituting a Meritorious Incentive Pay Provision -- C. Britton *** 2. Final Adoption of an Amendment to the Monte Bello Open Space Preserve Use and Management Plan to Change the Stevens Creek Nature Trail Interpretive Brochure -- M. Gundert *** 3. Final Adoption of the Amendment to Use and Management Plan for Purisima Creek Redwoods Open space Preserve for District-Managed Lands of Peninsula Open Space Trust -- C. Britton (7:50) 4. Informational Report on the Physical Condition of the Seven Springs Loop Trail at Fremont Older Open Space Preserve and the Status of the Fremont Older Trail Use Plan - S. Cochran 330 Distel Circle o Los Altos, CA 94022-1404 - Phone:415-091-1200 - FAX:41 5-091-04£35 - E-mail: mrosd@netcom.com Bwrd of Obettors;Pete Siemens,Maly(:.1)avey,Teena Hcnshaw,Ginny Babbitt, Nonettc I kinko,Betsy Crowder,Wirn de Wit (;err(ral Mana�er:L.Craig Britton Meeting 95-20 Page 2 (8:05) INFORMATIONAL REPORTS -- Brief announcements or reports by members of the Board and/or staff on District related activities. A Board member may ask a question for clarification. No other action, discussion, or deliberation to take place. Matters of interest to the Board may be referred to staff or placed on a future agenda. REVISED CLAIMS (Consent Item) CLOSED SESSION - None Scheduled ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at 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 hy one motion unless a Board member removes an item from the consent calendar. A member o the public may request under oral f communications that an item be removed from the consent calendar. NOTICE OF PUBLIC MEETING The Administration and Budget Committee will meet on Monday, August 28, 1995 beginning at 4:00 P.M. at the District office. The Use and Management Committee will meet on Wednesday, September 6, 1995 beginning at 7:30 P.M. at the District office. Open Space A 11111;111111111,Loil IIII III. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-19 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS July 26, 1995 MINUTES ROLL CALL President Pete Siemens called the meeting to order at 6:35 P.M. Members Present: Peter Siemens, Mary Davey, David Smernoff, Nonette Hanko, and Wim de Wit. Members Absent: Betsy Crowder and Teena Henshaw. Personnel Present: Craig Britton, Jean Fiddes, Sue Schectman, and Del Woods. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item la, b, and c. The Board recessed to Closed Session at 6:37 P.M. and the Closed Session commenced at 6:38 P.M. The Board adjourned the Special Meeting at 7:25 P.M. and P. Siemens called the Regular Meeting to order at 7:35 P.M. He announced that the Board had been meeting in Closed Session to discuss Closed Session agenda items la, b, and c to give directions to legal counsel. Additional Personnel Present: John Escobar, Randy Anderson, Malcolm Smith, Carleen Bruim, Suzanna Rumon, Mary Gundert, and Emma Johnson. III. ORAL COMMUNICATIONS David Klinger, 7538 Waterford Drive, Cupertino expressed his concerns to the Board regarding bicyclists on Fremont Older Open Space Preserve trails, especially narrow ones such as Sever, Springs Canyon Trail. He related his experiences of being forced off the trail by bicyclists, noted his perception of danger to hikers, and requested the Seven Springs Trail be closed to bicyclists. N. Hanko suggested staff report to the Board on whether the adopted trail use policies cover the particular problem. R. Anderson noted that there are some trails on the preserve that do not meet District standards since a Use and Management Plan for the preserve has not been reviewed since the guidelines were adopted. C. Britton said staff will report to the Board on how the Seven Springs trail measures up to the guidelines at the August 23 Regular Meeting. He told Mr. Klinger that he will be notified when the topic is on the agenda. 330 Distel Circle # Los Altos, CA 94022-1404 * Phone:415-691-1200 o FAX:415-691-0485 * E-mail: mrosd@netcom.com e Board of Directors:Pete Siemens, Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko, Betsy Crowder,Wirn de Wit General,'wanager: L.Craig Britton Meeting 95-19 Page 2 IV. SPECIAL ORDER OF THE DAY Introduction of Suzanna Rumon, New Volunteer Coordinator C. Bruins introduced Suzanna Rumon, the District's new Volunteer Coordinator. She said that Suzanna has much experience as a volunteer coordinator and is currently working part-time in that capacity for the City of Palo Alto. S. Rumon noted that she would welcome any suggestions for the volunteer program. The Board welcomed her to the District. V. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. W. de Wit seconded the motion. The motion passed 5 to 0. V1. ADOPTION OF CONSENT CALENDAR C. Britton reported that adjoining owners were not notified for agenda item two, Proposed Amendment to Monte Bello Open Space Preserve Use and Management Plan to Change Stevens Creek Nature Trail Interpretive Brochure to Interpretive Signing at Estimated Cost of$3,000, since the changes to the Use and Management Plan for Monte Bello dealt with the internal trail system and he had used his authority under Board policy to waive notification in cases of limited concern or importance. He noted that the waiver statement had not been included in the staff report. Motion: M. Davey moved that the Board adopt the consent calendar including: approving minutes of the July 12, 1995 Board Meeting; draft responses to written communications to the Board from William Obermayer, 22400 Skyline Boulevard, #22, La Honda, and William and Joyce Estrada, PO Box 153, New Almaden; agenda item two - Proposed Amendment to Monte Bello Open Space Preserve Use and Management Plan to Change Stevens Creek Nature Trail Interpretive Brochure to Interpretive Signing at an Estimated Cost of$3,000; agenda item four - Informational Report on Planning and Design of the Utility Undergrounding Project Along Portola Road Adjacent to Windy Hill Open Space Preserve; agenda item ten - Cancellation of August 9, 1995 Regular Meeting; and approving revised claims 95-14. D. Smemoff seconded the motion. The motion passed 5 to 0. VIE. BOARD BUSINESS A. Agenda Item No. I - Proposed Additions to Rangers' Assigned Personal Equipment Mopq R-95-95) C. Britton reported that field employees' safety has long been a concern and, at the request of Local 715, the District agreed to evaluate the use of collapsible batons by District rangers. He said he had met with field staff and taken two ride-alongs to communicate and listen to their concerns. J. Escobar demonstrated and explained the equipment being proposed, including soft body armor, shoulder microphones, and collapsible batons. He said batons would be an increased level in use-of-force but that staff will implement use-of-force policies and field procedures, as well as necessary training before batons would be issued. J. Escobar reviewed the exhibits comparing ranger safety items and job descriptions of 36 other agencies managing regional parks and open space to the District, comparing enforcement duties and personal safety items of 17 surveyed agencies, comparison of types of violations on District lands, and miscellaneous enforcement activities. He said that staff T Meeting 95-19 Page 3 is recommending equipping District rangers with collapsible batons, soft body armor, and shoulder microphones at a cost of$11,106 as well as requiring an additional 12 hours of defensive tactics training at an additional $1,200. Robert Zatkin, PO Box 143, Los Altos remarked that the Santa Cruz Mountains are remote, adequate protection is not available to District rangers, and the Board should be discussing the issuance of guns. Matt Ken spoke in behalf of the bargaining unit, Local 715, S.E.I.U. He said that there is a strong drive by field staff to protect open space, that rangers do not want to be police officers, and that the staff has a sincere concern for their safety. He said that in recent years there has been a higher level of enforcement by field staff and a greater degree of criminal activity. He stated that the issuance of firearms is still a concern for the rangers. Board members expressed their concern for the safety of rangers, noting their support for the issuance of the proposed new equipment. Motion: N. Hanko moved that the Board authorize the general manager to add collapsible batons, soft body armor, and radio shoulder microphones to the list of assigned personal equipment provided to each ranger and direct staff to develop or modify existing field procedures for the use and care of these new assigned personal equipment items. M. Davey seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 3 - Authorization to Solicit Bids for Construction of a Field Office at Skyline Ridge QWn Snace Preserve and to Contract with the Town of Los Gatos to Provide Construction Administration Services for the Project =rt R-95-101) R. Anderson reported that staff has been negotiating with the Town of Los Gatos to employ the Town's Project Manager in the Building and Engineering Services Department to assist District staff in construction administration. M. Gundert noted the project has been submitted to the Santa Clara County Planning Department and the Architectural and Site Review Committee and that the earliest date a building permit could be issued is September 4, 1995. She added that soil testing delays due to rain and the lengthy permit process have pushed the project to the end of construction season and that staff would like to begin as soon as possible in order to complete the grading prior to winter rains. In an effort to expedite the process, she proposed separating the grading and building projects so that the grading portion of the contract could begin in September, then the building construction process could begin in October. C. Britton noted that the staff recommendation could be separated into two parts: a) authorize the general manager to approve a lowest responsible bid not to exceed $15,000; and b) authorize solicitation of bids for construction of the field office which would be returned to the Board for final approval. M. Gundert said the 1995-1996 budget includes $400,000 for the project. Meeting 95-19 Page 4 Motion: M. Davey moved that the Board authorize the general manager to approve the lowest responsible bid for grading under $15,000; authorize solicitation of bid's for construction of the field office; and authorize the general manager to enter into contract with the Town of Los Gatos to provide construction administration services. D. Smernoff seconded the motion. The motion passed 5 to 0. C. Agenda Item No. 5 - Proposed PrpI&M Management Agreement with Peninsula QW Space Trust for Former Thysen ELQpgM and Amendment to Use and Management Plan for Purisima Creek Redwoods Oven Space Preserve (Re port R-95-104) C. Britton reported that the 481-acre former Thysen property, now owned by Peninsula Open Space Trust, is adjacent to Purisima. Creek Redwoods Open Space Preserve and is a natural extension of the preserve. He noted that Mrs. Thysen had requested that the property be open to the public. He said that management issues center on the site's poor accessibility, both in respect to patrol and public trail access. He stated that staff has not been successful in getting an agreement to patrol through the adjacent Kings Grove private property, but staff will continue to work with the property owners. He added that a bypass trail around a life-estate parcel needs to be constructed on the south side of Bald Knob and that the cost is expected to be about $15,000, half of which is staff time. He said staff anticipates increased trail use and related trail use incidents and trespass problems but that these problems will be mitigated as much as possible by installing fences, gates, and signs where necessary and providing regular patrol. He added that staff concludes that the project will not have a significant effect on the environment. Robert Zatkin spoke against allowing mountain bicyclists on the property. N. Hanko asked whether the trail construction would adversely impact the trail development schedule previously adopted by the Board. M. Gundert responded that the timing would depend on other trail work in the Skyline area, including the section of the Ridge Trail that crosses Portola Road and on the crew's schedule. C. Britton said the trail will be single- track trail, not a patrol road and open to multi-use. R. Zatkin spoke against allowing mountain bicyclists on the property. Motion: M. Davey moved that the Board authorize the general manager to sign the property management agreement with Peninsula Open Space Trust for the former Thysen property, tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, tentatively adopt the amendment to the Use and Management Plan for Purisima Creek Redwoods Open Space Preserve to construct a trail around Bald Knob and into the lands owned by Peninsula Open Space Trust, and determine that the recommended actions are categorically exempt from the CEQA as set out in the report. N. Hanko seconded the motion. The motion passed 5 to 0. D. Agenda Item No. 6 - Authorization to Revise Contract with Plainus Studio to Fabricate Exhibits for the David C. Daniels Nature Center at Skyline Ridge QMn Spw& Preserve (Report R-95-I QW M. Gundert displayed a scale model of the proposed exhibits as they would be placed in the Nature Center and reported that the Board had previously authorized a contract with Meeting 95-19 Page Platypus Studio for $19,900 for two Phase I exhibits (pond strata mobiles and plant community text rails) at the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve. She said an additional $8,100 was budgeted for construction of a laboratory station and library. She said the $8,100 remaining in the 1995-1996 budget and a donation of$6,600 from Peninsula Open Space Trust will cover the $14,600 cost of the laboratory counter, library, mobiles, and the plant community text rail with additional field guide information. She added that the District requested funds to design and fabricate the Alpine Pond community mural in a State Environmental Education Program proposal and the state will notify applicants of their proposals' status in mid-August. Motion: N. Hanko moved that the Board authorize a $6,600 increase in the 1995-1996 budget toward the improvements at the David C. Daniels Nature Center to be offset by a $6,600 donation from Peninsula Open Space Trust and authorize the general manager to revise the contract with Platypus Studio to fabricate and install additional exhibits at the Center. D. Smernoff seconded the motion. The motion passed 5 to 0. E. A enda Item No. 7 - Schedule to Complete Review fAdditional Access forDo gs (R=rt R- -1 2) R. Anderson reviewed the staff report, noting that staff recommends that the criteria and � policy issues be finalized before the Use and Management Plan amendments are considered and is proposing that the Use and Management Committee meet in early September to consider the criteria and policy issues and the amended site evaluation criteria. He outlined the proposed schedule for tentative and final adoption of the dog access changes at Fremont Older, Long Ridge, Coal Creek, Thornewood, Sierra Azul, and Pulgas Ridge Open Space Preserves. I P. Siemens questioned the amount of staff time involved and the high priority given to the schedule. N. Hanko said she had planned to place an item on the next Board meeting agenda relating to reevaluating Pulgas Ridge as an off-leash area and requesting the Use and Management Committee to consider a site that is more centrally located than Pulgas Ridge, specifically the Spring Ridge area of Windy Hill Open Space Preserve. She said it would make a difference in her proposed recommendation if an entire preserve were open to dog access, noting that the committee has to consider whether the criteria would include sites that would be only partially open to dogs. R. Anderson noted that the Windy Hill alternative was considered by the Use and Management Committee and was rejected. i C. Britton proposed that the four policy questions be considered by the committee and that the full Board consider the question of off-leash dog access on Windy Hill rather than Pulgas Ridge since the committee had already discussed the alternative. He said notification for policy issues would be different than notification if the Board were considering off-leash areas. Robert Zatkin spoke against opening all trails to dogs on leash at Thornewood Open Space Preserve because of the lake and the swans. Ii Meeting 95-19 Page 6 P. Siemens said he did not think discussion of the four policy questions could be completed at one committee meeting. C. Britton said two meetings could be planned. M. Davey spoke in favor of the proposed schedule. Staff noted correspondence had been received related to dog access, addressed to the Board, the committee, individual directors, or staff. Staff was directed to forward immediately copies of all correspondence to all Board members, especially correspondence addressed to individual directors. Motion: W. de Wit moved that the Board accept the proposed schedule to complete the review of dog access to designated preserves and related policy issues. M. Davey seconded the motion. The motion passed on the following vote: Ayes: M. Davey, D. Smernoff, N. Hanko, and W. de Wit. No: P. Siemens. P. Siemens stated that he felt the proposed schedule was too ambitious. F. Agenda Item No. 8 - Potential Agenda Tonics for "Not-So-Annual" California Regional Park and Open Space District Conference (Report R-95-99J Discussion centered on the potential topics to be discussed at the "Not-So-Annual" Open Space Conference hosted by Sonoma County Agricultural Preservation and Open Space District. N. Hanko said it is important for the Boards of Directors to have input in the topics to be discussed. C. Britton said he would forward the Board's suggestions to David Hansen and suggested that Midpeninsula Regional Open Space District could host the next conference. C. Britton said he would suggest that the dog access issue be discussed as a round-table discussion item. Other round-table ideas suggested were law enforcement issues and trends; multi-use trails and user conflicts; research issues of open space lands; and impacts from staging areas and overuse of open space lands. G. Agenda Item No. 9 - Update on Planning for Sale of Surplus Property at Teague Hill ( pgn Space Preserve and Authorization Request to Contract with Consulting Geotechnical Engineers at Estimated Cost of$10.000 (Rort R-95-103) R. Anderson stated that the first stage of the work to create or confirm salable lots for the surplus portion of Teague Hill Open Space Preserve has been concluded with the recordation of certificates of compliance from the Town of Woodside for seven historic legal parcels. He said the next stage will be to record legal descriptions for six lots to sell as residential parcels, based on preliminary engineering studies. Gerry Steinberg, of Enshallah Developments, Inc., noted that successful marketing of the lots will require demonstrating that the lots encompass feasible building sites, which will include reassuring potential buyers that the lots will meet septic system and geotechnical standards and that the access road will meet engineering and geotechnical standards at a reasonable cost. Motion: M. Davey moved that the Board authorize the general manager to contract with William Cotton and Associates, Geotechnical Engineers, to provide preliminary investigations on the potential surplus parcels. Meeting 95-19 Page 7 Discussion: It was suggested that the Board's motion not specify William Cotton and Associates as the geotechnical engineers because the general manager has the authority to enter into a contract with a geotechnical engineer for professional services within budget limits and statutory authority. C. Britton suggested that the Board reaffirm that it is within the scope of the budget of the initial $25,000 for the project to contract for the geotechnical work. M. Davey withdrew her motion. Motion: M. Davey moved that the Board reaffirm authorization for the general manager to contract with a geotechnical engineer within the authorized budget for geotechnical services in an amount not to exceed $10,000. D. Smernoff seconded the motion. The motion passed 5 to 0. VIII. INFORMATIONAL REPORTS C. Britton reported that: M. Smith and he attended a meeting with San Mateo County Alternative Funding Committee on splitting the proceeds of the potential ballot measure; M. Gundert and he attended a hearing of the Solid Waste Management Board Committee for the District's grant application for cleaning up the Hosking Dump at El Corte de Madera and that the committee approved it and referred it to the Solid Waste Management Board which approved the grant, noting that the state will use its own contractors, oversee the project, and will pay the cost; M. Smith and he gave a presentation to the City of Menlo Park; the recent staff picnic was attended by about 70 members of staff and their families; and the Cupertino Planning Commission has forwarded its decision on the Archdiocese property to the city council. N. Hanko reported she met with the mayor of Palo Alto on issues relating to the anniversary trail, the exchange of land with Palo Alto, and use of the Arastra house. M. Davey said she will be making a presentation to the Los Altos Board of Realtors on August 4 and reported that Sherrill Winery is proposed to be sold. P. Siemens said he testified at the Santa Clara Valley Water District hearing on the Lexington Dam, noting District staff sent a letter supporting trail access and that the District is working with Santa Clara County Parks and the water district to improve access. He said he has asked that a resolution supporting trail access in and around the dam area be placed on a future Board agenda. He reported that Brent Ventura has been appointed to the Santa Clara County Planning Commission. D. Smernoff reported he had met with constituents regarding the Bay Trail and access around Moffett Field and will study the underlying issues in order to make some progress on the problems. J. Escobar reported the June field activity summary has been distributed and that the new range)c, Brendan Downing, will start work on August 18. M. Smith said he made a presentation to the City of Los Gatos Planning Commission. He kiu that he, members of the Board, and C. Britton have made presentations to all but 3 or 4 of th« city councils within the District, and presentations to planning and park and recreation I Meeting 95-19 Page 8 commissions are now being planned. He called attention to the chart showing where callers to the District received their information about the District. He said the information will be up- dated about every six months. Ix. ADJOURNMENT The meeting was adjourned at 10:15 P.M. Emma Johnson Recording Secretary � � Claims No. S5-14 MmetinQQ5-19 Date: July 2G. 1985 � REVISED /N|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 7994 5.400.00 All Chemical Disposal, Inc. Chemical Tank Removal 7995 22.11 AT&T Telephone Service � 7996 358.10 Best Sanitation Sanitation Service � 7987 203.00 BU{'s Towing Service Towing Service 7998 41.05 Black Mountain Spring Water Water Service 7888 6'350.00 Louis Bordi General Engineering Grading Service 8000 881.13 BT K&D Redwood Office Supplies 8001 311.25 California Water Service Company Water Service � 8002 309.13 Cascade Fire Equipment Company Fire Clothing 8003 2'070.45 Coastal Ford Tractor Tractor Repairs � 8004 83.61 Sheryl M. Cochran Private Vehicle Expense � 8005 04.83 Pabioh Congdon Reimbursement-Uniform Expense 0006 100.00 °1 Coatco Staff Family Picnic � 8007 19.95 Country Home Products Field Equipment Parts 8008 81.38 The Darkroom Black & White Prints � 8008 58.00 Department of Motor Vehicles Equipment Operator License � 8010 500.00 Dugan Associates Soil 8arnp|em and Safety Plan Report � 8011 5,271.25 Empire Equipment Co. Equipment Rental � 8012 175.00 FaneUe Communications Radio Reprogramming 8013 118.35 Federal Express Express Mail | � 8014 66.70 Foster Bros. Security Systems, Inc. Keys 8015 15.00 Forestry Conservation Communications Assoc. Radio Frequency Uoanam Fee 8016 63.09 G0,K Services Shop Tmxve| Service 8017 50.81 Goodoo Press Incorporated Printing Service 8018 186.40 K8aryGundert Reim buraornent-Porrnitm and Private � Vehicle Expense 8018 70�35 The Home Depot Field Supplies 8019 8.000.00 Joe'm Rototi||ing Foothill Diooing 8020 7.350.00 JN Roofing Inc. Rnroof Dyer House 8021 85.12 Kinko'm Printing � � 8022 -686.85 Lanier Worldwide, Inc. Photocopier Maintenance Agreement 652.72 8023 84.10 Langley Hill Quarry Baseroch 8024 03.48 Judy Law Private Vehicle Expense 8026 350.00 °2 City of Los Altos Staff Recognition Event Deposit 8028 180.00 ^3 City of Los Altos Staff Recognition Event Deposit | 8027 257.31 Los Altos Garbage Company Dumpatar Rental 8038 249.98 McGrath Ranbcor9 Skyline C>ffioa Rental 8029 385.00 K8etnoK8obi|aCommnunivationm Radio Repairs 8030 113.78 Moffett Supply Company Sanitation Supplies � 8031 220.01 National Safety Council Magazine Subscription 8032 20.00 National Seminars Group Training Video � 8033 809.50 Noble Ford Tractor, Inc. Tractor Parts and Repair � °1 Urgent Check Issued on July 20' 1995 °2 Urgent Check Issued on July 13, 1805 � °3 Urgent Check Issued on July 13' 1996 Page 1 � ti Claims No. 95-14 Meeting 95-19 Date: July 26, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8034 109.19 Office Depot Office Supplies 8035 649.79 Orchard Supply Hardware Field Supplies and Equipment 8036 -i,ee2.e6 Pacific Bell Telephone Services 1,128.62 8037 40.40 Pharmacy Billing Service, Inc. Medical Services 8038 250.14 Warren Phillips Reimbursement- EMT Training 8039 198.00 Redwood City Chamber of Commerce Membership Fee 8040 177.82 Regal Dodge, Inc. Vehicle Repairs 8041 1999.88 Roy's Repair Service Vehicle Repairs 8042 68.25 Safety Kleen Solvent Tank Service 8043 62.33 Saurus Sport, Inc. Field Supplies 8044 1,560.00 E.R. Sheehan Trail Construction 8045 5,612.00 Sylvester Schwartz &Tugaw Worker's Compensation Deposit 8046 67.90 Skyline County Water District Water Service 8047 807.00 Stuckert Heating &Sheet Metal, Inc. Gutter Installation-Dyer House 8048 508.00 Systems for Public Safety Background Investigation-Employment 8049 1,156.15 Tap Plastics Brochure Holders 8050 22.00 Taylor Rental Rental Equipment 8051 444.21 U.S. Rentals Backhoe Rental 8052 746.12 Vallen Safety Supply Company Gloves 8053 65.00 Valley Title Company Reconveyance Fee-Harris Note 8054 44.40 Donna Wilkinson Private Vehicle Expense 8055 714.50 The Workingman's Emporium Uniform Expense 8056 571.59 Yardbird Equipment Sales Equipment Parts and Supplies 8057 105.00 Joan Young Contract Services 8058 2,038.00 Capstone Construction Company Dyer House Maintenance 8059 173.10 "4 Imperial Auto&Trucking Center Thornewood Tour Van Rental 8060 19,978.69 Lasher Auto Center Foothill Office Vehicle 8061 1,185.28 Murray &Murray Legal Services 8062 570.34 Petty Cash Office and Field Supplies, Out of Town Business Meeting Expense, Staff Picnic Event, and Vehicle Consumables *4 Urgent Check Issued July 24, 1995 Page 2 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-17 SPECIAL MEETING BOARD OF DIRECTORS July 8, 1995 I. ROLL CALL President Pete Siemens called the meeting to order at 10:10 A.M. near the gate at the intersection of Skyline Boulevard and Portola Park Heights Road, Long Ridge Open Space Preserve, San Mateo County. Members Present: Pete Siemens, Mary Davey, Teena Henshaw, David Smernoff, Nonette Hanko, Betsy Crowder, and Wim de Wit. Personnel Present: Craig Britton, John Escobar, Randy Anderson, Jean Fiddes, David Sanguinetti, Mary Gundert, Mike Williams, Dennis Danielson, and Julie McCullough. 111. ORAL COMMUNICATIONS William Obermayer stated that he would like to discuss the good neighbor policy; P. Siemens responded that it was one of the items to be discussed during the general discussion. Linda Huntimer stated that members of the community had provided input on items they wanted discussed at the meeting and the main categories for discussion were: liability; Bay Area Ridge Trail crossing; additional trail crossings; legal issues; electric gate; good neighbor policy; and notification policies. C. Britton stated that the first hour of the meeting would focus on specific trail crossing alternatives, public comments on the alternatives, and Board discussion of the alternatives and the second hour would focus on additional items of interest to thy, community. He introduced District staff members present at the meeting. III. ADOPTION OF AGENDA Motion: T. Henshaw moved that the Board adopt the agenda as presented. N. Hanko seconded the motion. The motion passed 7 to 0. IV. WRITTEN COMMUNICATIONS There were no written communications. V. BOARD BUSINESS 1. Neighborhood Workshop for Long Ridge Qpgn Space Preserve - Site Visit and Discussion of Proposed Use and Management Plan Items Including Trail Use an Road Issues (R-95-91) R. Anderson introduced the staff presentation, describing the original Bay Area Ridgy Trail project, and the Board's decision to delay consideration of the Long Ridge Qpo�,(i 330 Distel Circle * Los Altos,CA 9402 2-1 404 * Phone: 415-691-1200 e FAX:415-691-0485 * E-mail: mrosd@netcom.com ED Board of Directors:Pete Siemens,Mary C. Davey, Teena Henshaw,Ginny Babbitt,Nonette Fianko,Betsy Crowder,Wim de Wit General Manager L.Craig Britton Meeting 95-17 Page 2 Space Preserve Use and Management Plan amendment to construct the Bay Area Ridge Trail segment across Portola Park Heights Road until after this workshop. He stated that the trail element of Long Ridge Open Space Preserve Use and Management Plan concerning the former Acronico property and the remainder of the preserve was anticipated to be presented next year. M. Gundert reviewed three alternatives for the Bay Area Ridge Trail alignment on Portola Park Heights Road. The alternatives were: alternative I (presented at April 25, 1995 neighborhood meeting) - passes through the Fowkes easement, follows existing disc line and crosses Portola. Park Heights Road near the existing Skyline Boulevard entrance gate; alternative 2 (new) - passes through the Fowkes easement, drops down below where the workshop meeting was being held to the landing area, follows the road up to Portola. Park Heights Road, and then climbs to old jeep road that parallels Skyline Boulevard; and alternative 3 (new) - passes through the Fowkes easement, follows the existing disc line to old road bed where workshop meeting was being held, then crossing Portola Park Heights Road at bend in road at the existing pullout area and then angling up the bank; alternatives two and three would also tie into trail to Peter's Creek. M. Gundert reviewed the types of fencing, signing, and stiles that would be installed at each of the alternatives. She said that signing on Portola Park Heights Road would alert those in vehicles that they were approaching a trail crossing. With respect to other trail crossings of Portola Park Heights Road in the next five years, M. Gundert stated that with alternative 1 two other crossings were anticipated (one near the Bean house driveway and one where alternative two crosses Portola Park Heights Road and that with alternatives 2 and 3, only one additional crossing was anticipated near the Bean house driveway. Discussion regarding the three trail alternatives prior to visiting the location of the alternative 2 crossing included the following topics: why members of the community had not been directly involved in the trail crossing planning prior to the first workshop; why the District had purchased easements for the Bay Area Ridge Trail in other areas; stile design and compliance with the Americans with Disability Act; liability concerns for trail users in wheelchairs crossing the road; the possibility of moving the trail crossing in front of the gate closer to Skyline Boulevard; how the District could prevent trail users from going down Portola Park Heights Road; the line of sight at each of the alternatives so that drivers could see trail users crossing the road and trails users could see vehicles on the road; the need to make the trail crossing as safe as possible; the possibility of having just one trail crossing near the Beanhouse driveway area and an electric gate at that point to keep users from wandering around in the Portola Park Heights area; the importance of the existing pullout area inside the gate to the community for unloading heavy equipment and parking cars when necessary; and having a logical separation of drivers' activities, such as opening and/or closing the gate and focusing on people using a trail crossing. Meeting 95-17 Page The meeting recessed at'11:15 A.M. so that workshop participants could walk to the location of alternative 2 trail crossing and the meeting reconvened at 11:20 A.M. M. Gundert pointed out the possible location of the trail downhill from Skyline Boulevard, the trail crossing, and where the trail would follow the dirt road to the helicopter landing site for a short distance. Discussion regarding alternative 2 included the following topics: the need for a geologist to study the proposed site because of runoff from Skyline during the rainy season; rerouting the culvert; whether bikers would continue on Skyline Boulevard to Portola Park Heights Road rather than use the trail to the alternative 2 trail crossing; the number of trail users the District anticipates might be using this portion of the Bay Area Ridge Trail and whether any usage studies had been done on segments of the trail; the incidence of bicycle accidents on District lands; and the difference between the Bay Area Ridge Trail and the Los Gatos Creek Trail. C. Britton noted that Portola Park Heights Road is a private road built on land owned by a public agency (the District). Attorney David Spangenberg of Palo Alto, representing the Portola Park Heights Homeowners Association, noted that the homeowners were not 100% against the crossing and their objective is to remove liability for themselves. He explained the impact of the maintenance agreement for the paved Portola Park Heights Road, noting; that the road needs to be maintained in a safe condition and that there is potential liability for the homeowners because of their participation in the road maintenance agreement. He suggested the District accept the Portola Park Heights Road as a public road, if possible. Mr. Spangenberg explained the difference for filing claims against the District, as opposed to against the Portola Park Heights residents and cit ' extra immunities that the District has that the homeowners do not have. He suggests- that a certain section of the road be solely the District's responsibility for maintenance, noting that to resolve the homeowners' liability concerns some way needs to be found so that the homeowners' contractual obligation becomes the District's. Discussion concerning an electric gate focused on the need for a gate that opens and shuts automatically so one does not have to get out of his/her vehicle; the District', responsibility to relieve the homeowners of any overburdening of the road that the District creates; whether the District was responsible for providing an electric gate; and the Board's previous approval for the homeowners to install an electric gate; and the need for a maintenance contract for the gate. Discussion then focused on the good neighbor policy and the District's public notification policies. Linda Huntimer noted that the homeowners association has four elected officials and that there will be a community newsletter in the future. She w Meeting 95-17 Page 4 stated the District would be sent a copy and that the newsletter could be a vehicle for disseminating information about District-specific activities. It was suggested that District representatives and the homeowners meet on a regular basis to discuss matters of mutual interest and concern. P. Siemens suggested that the Acquisition and Enterprise Committee could be involved, in behalf of the Board, in activities promoting a better relationship with the Portola Park Heights neighbors. VI. ADJOURNMENT The meeting was adjourned at 12:45 P.M. Jean H. Fiddes District Clerk Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-16 REGULAR MEETING BOARD OF DIRECTORS June 28, 1995 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:37 P.M. Members Present: Pete Siemens, Betsy Crowder, Nonette Hanko, David Smernoff, Mary Davey, and Wim de Wit. Member Absent: Teena Henshaw Personnel Present: Craig Britton, Malcolm Smith, John Escobar, Randy Anderson, Sue Schectman, Jean Fiddes, Del Woods, Mike Williams, Alice Cummings, and Susan Dale. II. ORAL COMMUNICATIONS There were no oral communications. III. SPECIAL ORDER OF THE DAY The Pledge of Allegiance was recited. IV. ADOPTION OF AGENDA C. Britton requested that the Board add the adoption of a resolution honoring and commending Karen Foss, retiring director of the Santa Clara County Parks and Recreation Department, to the agenda as an emergency item. He said the immediate need for the resolution came to the District's attention after the agenda had been posted and distributed. P. Siemens suggested inserting this item before agenda item 2 and labeling it agenda item 2-. Motion: B. Crowder moved that the Board add the adoption of a resolution honoring and commending Karen Foss to the agenda based on the finding that there was need for immediate action. M. Davey seconded the motion. The motion passed 6 to 0. 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-691-1200 - FAX:415-091-0485 ® E-mail: mrosd(01 net(om.com 130drd of Oireoors:Pete Siemens,Mary C.Davey, Wna flenShaw,Ginny Babbitt, Nonette Flariko,Beky(rowder,Wim de Wit 64erwr,d Manager:L.Craig Britton Meeting 95-16 Page 2 V. ADOPTION OF CONSENT CALENDAR C. Britton noted that the agenda incorrectly listed one of the meeting minutes to be approved as May 25, 1995; he said the correct date was May 24, 1995. Motion: M. Davey moved that the Board adopt the consent calendar as amended including approval of minutes dated May 24, 1995 and June 14, 1995; the written communication response to Cliff Jenkins, 22400 Skyline Boulevard, La Honda; and agenda item 5 Final Adoption of Amendment to Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve to Realign 0.7-Mile Segment of the Bay Area Ridge Trail and revised claims 95-12. W. de Wit seconded the motion. The motion passed 6 to 0. VI. BOARD BUSINESS A. Agenda Item 1 - Proposed Expansion of Dog Access on Designated District Preserves, Tentative Ado tion of Criteria for Evaluating Preserve Suitability for Dog Access. and Direction to Staff to RMare a Schedule for Use an Management Plan Amendments to Further Consider Tentatively Adopted Recommendations W. de Wit, chair of the Dog Use Committee, reported on the two year process, including research and four public workshops, to form the recommendations being presented for Board consideration. C. Britton reviewed staff's three differing recommendations on the following items: 1) staff recommended changing the weighting of the conflicting special use and habitat sensitivity criteria to more accurately reflect their importance; 2) staff recommended delaying leashed dog access to Sierra Azul Open Space Preserve, Kennedy Limekiln Area until additional parking can be provided; and 3) staff did not support an off-leash dog area at Pulgas Ridge Open Space Preserve or off-leash access on any other District lands. N. Hanko asked if any discussion took place within the committee regarding certain breeds of attack dogs being allowed on District preserves at all. B. Crowder responded specific breeds of dogs was never discussed, only the issue of leash or off-leash. S. Schectman responded she was not aware of any breed specific regulations and that it might be better to regulate the behavior of dogs rather than the breed. R. Anderson reported 6 of the 23 District preserves currently have access for leashed dogs. He provided an overview of the process leading to the recommendations before the Board, noting that after numerous requests for more dog access from the public, a committee was formed, workshops were held, and research was undertaken by staff. P. Siemens opened the meeting to members of the public for comment. Meeting 95-16 Page 3 J. Fiddes read a letter from Katie Ramsey, 20005 Skyline Boulevard, Woodside, requesting Russian Ridge Open Space Preserve be opened to dogs on leash. Marilyn Walter, Portola Valley requested Razorback Ridge Trail at Windy Hill Open Space Preserve remain closed to dogs. Helen LaRash, 884 Bauer Drive, San Carlos supported opening Pulgas Ridge Open Space Preserve and other areas to dogs off leash. Mar Ottenberg, 12281 Foothill Lane, Saratoga requested more off-leash areas for dogs and said it has been her experience that dogs off-leash get along with other dogs better than when on leash. Kathleen Dorf, 460 Cervantes, Portola Valley said all dogs should be on leash and requested Razorback Trail at Windy Hill Open Space Preserve remain closed to dogs. Bob Wallace, 12881 Foothill Lane, Saratoga, supported dogs off leash and opening Sierra Azul Open Space Preserve to dogs. Wayne Behrens, HC-01 Star Route Box 90A, Woodside, stated he supports opening more trails and off leash areas to dogs. Mary Shimmick, 20209 Skyline Boulevard, Woodside, speaking on behalf of the residents in the Coal Creek Open Space Preserve, requested this preserve be open to dogs. Barbara Bergman, 20,000 Skyline Boulevard, Woodside, said she lives near Russian Ridge Open Space Preserve and supports opening the area to dogs on leash only. Kitty Haddix, Star Route, Box 75, Woodside, supported allowing dogs on more trails. Sharla Hill, 20200 Skyline Boulevard, Woodside, speaking on behalf of Russian Ridge Open Space Preserve area residents, said the residents desire more areas open to dogs and that it has been her experience that dogs are less combative when off-leash. Elizabeth Aitken, 20100 Skyline Boulevard, Woodside, said she lives near Russian Ridge Open Space Preserve and would like to see Russian Ridge open to dogs on-leash. Sarah Christian, 408 Star Route 2, La Honda, speaking for herself and Mr. Nick Mole, said Coal Creek Open Space Preserve should be open to dogs on- leash. Meeting 95-16 Page 4 Jenny Blissenbach, 151 Calderon Ave, #68, Mountain View spoke in support of more dog access. John Shimmick, 1100 Lassen Drive, Belmont and Noel Thompson, 1131 Westfield Dr., Menlo Park, spoke in support of more dog access. Dudley Lewis, Palo Alto, suggested having better markings and signs indicating which trails are open to dogs. Ann Coleman said she does not support dog access. Dan Bernstein, 3613 McNulty Way, Redwood City, speaking in support of increased dog access, explained every activity has an impact on the environment and activity access equal amongst all members of the public using area. He said the dog access policy should be based on facts and fairness. Lynne Engelbert, 19327 Northampton Drive, Saratoga, said multi-use trails can be successful if all parties work together and emphasized the importance of dog owners cleaning up after their dog. Nick Ragouzis supported more dog access with some off leash locations. Chris Kilcoin, 3865 Page Mill Road, Los Altos Hills, said he would like to see Los Trancos and Monte Bello Open Space Preserves be open to dogs. Guy Occhipinti, 18367 McCoy Avenue, Saratoga, spoke in favor of more dog access. Robin Poskus, 2455 Alpine Road, Menlo Park supported dog access, including off-leash access to Pulgas and Sierra Azul Open Space Preserves and favored a solution that is equal to all users. Dorothea Nell, 2 Valley Oak, Portola Valley, suggested dog owners use discretion on their choice of trails when accompanied by their dogs. Andy Melnick, 2071 Plymouth Street, #N, Mountain View, said he would like to see the Board move forward as conservatively as possible. Fiona Sander, Los Altos Hills, spoke in favor of dog access, citing personal safety provide when accompanying their owner on a hike or run. P. Siemens closed the public comment portion of the meeting at 9:30 P.M. Motion: N. Hanko moved that the Board tentatively adopt the criteria for evaluating preserve suitability for dog access as developed by staff. B. Crowder seconded the motion. II Meeting 95-16 Page 5 Motion B. Crowder moved that the Board amend the motion to state that to Amend: the criteria in the Dog Committee report would be amended to reflect the changes contained in the staff s report and that the g � Ravenswood disturbed habitat rating g be changed from 1 to 2. N. Hanko seconded the motion. Discussion: P. Siemens suggested increasing the habitat sensitivity rating to zero, ten, and twenty and said preserves close to urbanized areas should be weighted heavier, noting the definition of urbanized could include houses next to a preserve. N. Hanko suggested that, instead of adopting the two changes proposed by Directors Crowder and Siemens, these proposed amendments be brought back to the Board at their next meeting after staff has had an opportunity to evaluate them. C. Britton agreed with N. Hanko's suggestion and said he would prefer that the Board address the criteria at a policy level rather than getting into the specifics of the ratings. B. Crowder subsequently withdrew her motion to amend. Motion B. Crowder moved that the Board amend the motion to state that to Amend: the criteria in the Dog Committee report would be amended to reflect the changes in the staff report and that the suggestions for amending the criteria would be reviewed by staff and presented to the Board for consideration at a future meeting. N. Hanko seconded the motion. Amendment P. Siemens moved that the motion to amend be amended to add to Motion that the weighting for the habitat sensitivity and for the adjacent to Amend: to urban areas criteria be referred back to staff to reevaluate the weighting. N. Hanko seconded the amendment to the motion to amend. The amendment to the motion to amend passed 6 to 0. The amended motion to amend passed 6 to 0. The main motion as amended passed 6 to 0. Motion: N. Hanko moved that the Board support efforts of local dog owners to form a user group. B. Crowder seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board de-emphasize dog access in publications for Foothills Open Space Preserve. M. Davey seconded the motion. The motion passed 6 to 0. I Meeting 95-16 Page 6 Motion: N. Hanko moved that the Board open all remaining trails at Fremont Older Open Space Preserve to dogs on leash. M. Davey seconded the motion. The motion passed 6 to 0. N. Hanko suggested the Board hold off on taking any action on the Long r h meeting with the Portola Park Ridge Open Space Preserve until afte the ee g Heights neighbors on July 8 since she thought the dog on-leash area was important to the neighbors. : B. Crowder moved that the Board close n S T��2 Lon Ridge ge � Pace incompatible with the criteria. P. Siemens Preserve to dogs as g seconded the motion. Discussion: B. Crowder stated users can get confused at this preserve, that it is easy for them to think the whole preserve is open to dogs, that it is hard to administer this area, and that there is not sufficient parking. The motion passed 5 to 1 with N. Hanko voting no for the above stated reason. Motion: N. Hanko moved that the Board not open any remaining trails at Windy Hill Open Space Preserve to dogs on leash. B. Crowder seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board open all trails at Coal Creek Open Space Preserve to dogs on leash. B. Crowder seconded the motion. The motion passed 6 to 0. Motion: M. Davey moved that the Board open all trails at Thornewood Open Space Preserve to dogs on leash. W. de Wit seconded the motion. Discussion: N. Hanko said she would like to explore this area for possible off-leash use in the future. The motion passed 6 to 0. Motion: M. Davey moved that the Board consider dog access as part of the Use and Management Plan which is in the process of being developed for El Corte de Madera Open Space Preserve. N. Hanko seconded the motion. Discussion: P. Siemens commented he does not agree with the staff report that states that if part of a preserve is open to dogs, all of the preserve should be open to dogs and said he would prefer to see a recommendation that did not include the entire preserve. C. Britton said problems that occur for patrol staff Meeting 95-16 Page 7 when partial trails or preserves are open to dogs should be considered. M. Davey called the question. The motion passed 6 to 0. With respect to Sierra Azul Open Space Preserve, discussion focused on the impact of additional possible acquisitions to the preserve and limited parking that is available. Motion: B. Crowder moved that the Board open all trails at Kennedy- Limekiln Area of Sierra Azul Open Space Preserve to dogs on leash. M. Davey seconded the motion. Discussion: C. Britton said that staff is only opposed to opening this preserve to dogs until there is adequate parking available. A. Cummings explained visitors could be disappointed if they arrive at a preserve and there is nowhere to park. Motion N. Hanko moved to amend the motion to include staff's to Amend: recommendation. P. Siemens seconded the motion to amend. Discussion: D. Smernoff asked how long it would be until sufficient parking would be provided. R. Anderson responded one to two years. P. Siemens spoke in favor of a conservative approach to dog access in this area until adequate parking was available. The motion to amend failed to pass on the following vote: Ayes: P. Siemens and N. Hanko No: W. de Wit, M. Davey and B. Crowder Abstain: D. Smernoff M. Davey called for the main motion. The main motion passed 5 to 1 with P. Siemens voting no for the reasons previously stated. Motion: N. Hanko moved that the Board open Pulgas Ridge Open Space Preserve as an off-leash area at the site of the former Hassler sanitarium buildings. M. Davey seconded the motion. Discussion: B. Crowder said though she had initially supported this item, she now would vote against it because of the need to fence the off-leash area, the fencing costs, and the difficulty of monitoring in terms of patrol. N. Hanko explained, based on her experience, that she has never seen the need for fences at other locations. M. Davey said fences were not needed for open areas, that the District should try an off-leash area, and Meeting 95-16 Page 8 that very clear instructions for dog owners should be provided. N. Hanko reminded the Board that the motion was for the top area of the preserve only and there was no recommendation for a fence. C. Britton clarified that staffs recommendation was for no off- leash areas, and if the Pulgas Ridge site was to be an off-leash location, the area should be fenced. N. Hanko said that if staff is opposed to the Pulgas Ridge site, they should suggest an alternative area, such as Ravenswood, Thornewood, and Windmill Pasture. P. Siemens said he is personally afraid of dogs not on a leash; suggested the use of long leashes; and spoke in favor of opening the Pulgas Ridge site on a trial basis without a fence. The motion passed 5 to 1 with B. Crowder voting no for the reasons previously stated. Motion: W. de Wit moved that staff be directed to evaluate the possibility of allowing dogs on leash on Russian Ridge Open Space Preserve. M. Davey seconded the motion. Discussion: C. Britton explained that the Dog Committee had made no recommendations to staff and that staff on this preserve, that staff had not had the opportunity to analyze this area, and that staff would be willing to look into this item if the Board wanted this considered. The motion failed 2 to 3 on the following vote: Ayes: W. de Wit and M. Davey No: P. Siemens, D. Smernoff, and B. Crowder Abstain: N. Hanko Motion: B. Crowder moved that the Board direct staff to return with a schedule for use and management plan amendments as necessary to further consider the recommendations tentatively approved at the meeting. D. Smernoff seconded the motion. The motion passed 6 to 0. C. Britton said there had been discussion earlier in the meeting to add a fifth item to address some general policy issues and criteria on dog access, including length of leash and potential use of retractable leashes, dog waste clean-up, partial preserve dog use and definition of the urban area criteria. N. Hanko said she still is concerned about aggressive breeds of dog, particularly the pit bull. S. Schectman recommended staff research this dog breed issue and report back to the Board. Meeting 95-16 Page 9 Motion: N. Hanko moved that staff return to the Use and Management Committee and Board with recommendations to specific policy issues concerning dog access previously stated. M. Davey seconded. The motion passed 6 to 0. The Board recessed for a break at 10:20 P.M. and reconvened for the meeting at 10:30 P.M. B. Agenda item 2- - Resolution of the Board of Directors of the Midpgjm_�nsul Regional Qprn Spac e District Honoring and Commending Karen Foss Motion: M. Davey moved the Board adopt Resolution 95-25, a Resolution of the Board of Directors of the Midpeninsula, Regional Open Space District Honoring and Commending Karen Foss. N. Hanko seconded the motion. The motion passed 6 to 0. C. Agenda Item 2 - Authorization for General Manager to Approve or Deny Damage Claims Against the District Less Than $2.500 (R=rt R-95-85) Motion: B. Crowder moved that the Board adopt Resolution 95-26, a Resolution of the Board of Directors of the Midpeninsula. Regional Open Space District Authorizing the General Manager to Approve or Deny Certain Claims Against the District. M. Davey seconded the motion. The motion passed 6 to 0. D. Agenda Item 3 - Authorization to Purchase 1.465-Acre Rancho de Guadalupg E=M Adjacent to Sierra Azul Qpo Spm Preserve and Almaden Quicksilver County Park for $6.750.000 and Tentative Ado 2tion o Preliminary Use and Management Plan for the PLQpgM. Including Intention to Withhold Dedication of the RLQpgM as Public Open Space (Rog_q R-95-82) C. Britton stated this 1,465-acre property had a $6,750,000 purchase price and was a significant District acquisition. C. Britton highlighted the purchase agreement, pointing out the $7,000,000 purchase price had been reduced to $6,750,000. He explained that the $250,000 reduction resulted from potential concerns with the mine shaft and tailings located on the property. C. Britton reviewed the revised resolution distributed at the meeting, noting it had been changed to reference the first, second and third amendments in Section One. C. Britton explained that for cash flow purposes a short-term loan in the amount of$1,000,000 had been arranged, pending Board approval, with Peninsula Open Space Trust that would be secured by a First Deed of Trust. S. Schectman stated that there was an error in the staff report and the last sentence of the first paragraph on page seven should be corrected to read "In the event the District were to undertake additional measures in the future, there is no possibility that these actions would have a significant affect on the environment." Meeting 95-16 Page 10 D. Woods gave a slide presentation highlighting the key areas of this property. He reported that because of the extensive trail system and level of patrol necessary, attention is being focused on opening this preserve in an orderly fashion only when review of the trail system, appropriate uses, and patrol activities has been established. D. Woods explained a time limit of six months will be needed so that staff can focus on the safety review, parking and access, patrol, and other land uses. Motion: M. Davey moved that the Board adopt Resolution 95-27, a Resolution of the Board of Directors of the Midpeninsula, Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Rancho de Guadalupe, Inc.), as amended; and Resolution 95-28, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Providing for the Issuance and Delivery of a Secured Promissory Note in the Amount of$1,000,000 to Peninsula Open Space Trust (Sierra Azul Open Space Preserve - Rancho de Guadalupe Acquisition). B. Crowder seconded the motion. The motion passed 6 to 0. Motion: M. Davey moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations including: (a) keeping the lower two-thirds of the site closed to public use until an Interim Use and Management Plan is adopted, and (b) naming the Rancho de Guadalupe property as an addition to Sierra Azul Open Space preserve; indicate their intention to withhold the property from dedication as public open space at this time; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act. D. Smernoff seconded the motion. The motion passed 6 to 0. E. Agenda Item 4 - Authorization to Purchase 162-Acre General Convention o the New Jerusalem PLQWM Adjacent to Sierra Azul Open Space Preserve for $226,000 on Defeasible Fee Buis and Tentative Adoption of Preliminary Use and Management Plan for the P=rty. Including Intention to Withhold Dedication of the P192gM as Public Open Space (Report R-95-68 Motion: M. Davey moved that the Board adopt Resolution 95-29, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Defeasible Fee, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Meeting 95-16 Page 11 Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of General Convention of the New Jerusalem); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Sierra Azul Open Space Preserve; indicate their intention to withhold dedication of the property as public open space at this time; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act. N. Hanko seconded the motion. The motion passed 6 to 0. VII. INFORMATIONAL REPORTS C. Britton reported that: 1) escrow closed on June 28 on the Sempervirens Funds parcel at Saratoga Gap; 2) Peninsula Open Space Trust (POST) has acquired the Corte de Madera Partnership property adjacent to Windy Hill Open Space Preserve for $2.7 million; 3) he attended the San Francisco Foundation awards reception at which POST was one of three recipients of a $5,000 grant; 4) there is still no state budget at this time; 5) the grant proposal for cleaning up the dump at the El Corte de Madera Preserve has been recommended to the waste management board for approval by board's staff; and 6) he was handed an original "Yes on R" brochure at the founders event on June 25. B. Crowder reported the Golden Gate National Recreation Area's map for the Phleger property is now available. N. Hanko, reported on the founder's event and thanked M. Smith for his efforts. C. Britton recognized J. Combs for her efforts on the founder's event and M. Williams for his work on the Rancho de Guadalupe property acquisition. P. Siemens reported he attended the Santa Clara County Special District's Association meeting and was elected Vice-President. He attended a Santa Clara Valley Water District meeting concerning Lexington Reservoir and requested a multi-purpose trail be considered across the face of the dam. M. Davey reported on the founder's event celebration and said she attended the Peninsula Conservation Center Foundation's 25th anniversary event on June 24. W. de Wit reported he attended his first Bay Area Ridge Trail meeting. J. Escobar said that the monthly field activity summary was included in the packet of informational items dated June 28 and reported that ranger Craig Beckman had accepted the new equipment mechanic-operator position and a new ranger will be hired. Meeting 95-16 Page 12 R. Anderson reported the earthquake fault study scheduled for April at Rancho San Antonio Open Space Preserve will not occur in mid-September. J. Fiddes noted that a new explanation of Information Reports was included on the agenda. M. Smith commended the Skyline ranger staff for their help at the founder's event on June 25. VIR. ADJOURNMENT The meeting was adjourned at 11:30 P.M. Susan Dale Recording Secretary � � � Claims No. 95-12 yNeeUnQQ5-1G Date: June 2B. 1QS5 REVISED K8|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT ! # Amount Name Description | --- 141.75 ADT Security Systems, Inc. BurglarAgreement � 7864 52.78 American Welding Supply Welding Supplies 7885 214.88 ArchhaoLominaUng Lamination Supplies 7866 28.30 Bay Area Air Quality Management District Permit 7867 65.73 Bay Hydraulics, Inc. Tractor Repair � 7868 40.45 Black Mountain Spring Water Water Service 7868 5'900.00 LouiaBordi Road Realignment 7870 220.30 Bowerman Electric Electrical Repairs 7871 618.20 8roon' O'Donnell, Miller, Brown & Donnio Legal Services 7872 2'835.62 Brion' Kangoo' Fou|k Consulting Services 7873 50.00 L Craig Britton Reim burmemnent-PCCEvent 7874 665.00 BTK8^ ORedwood Office Supplies � 7875 241.62 California Water Service Company Field Equipment � 7876 140.00 Camino Medical Group K8odioo| Services 7877 34.15 Cascade Fire Equipment Company Fire Equipment Parts 7878 3318.87 Catalyst Real Estate Group Leasing Commission � 7879 134.73 Sheryl Cochran Private Vehicle Expense 7880 884.63 Country Home Products, Inc. Field Equipment � � 7881 83.60 Country Inn &4ota| Lodging for Safety Instructor � 7882 145.73 °1 Custom Color Photo Processing � 7883 150.00 Dennis Danielson Reimbursement-CPR and EMT Training 7884 3'827.00 EnnhoUoh Consulting Services 7885 57.42 John Escobar Reinnburoornmnt-Loom| Meeting Expense 7886 51.00 Federal Express Corporation Express Mail 7887 83.91 Jean Fiddeo Private Vehicle Expense 7888 607.98 Foster Bros. Security Systems, Inc. Padlocks and Keys � 7889 41.48 G & NServices Towel Service 7890 10.000.00 General Convention of The New Jerusalem Defeanmnce Payment 7881 116.38 Goodoo Press Printing 7892 210.11 Sharon Hall Photography Photographs 7893 188.41 Virg Harkins Signs Signs 7884 219.00 Honeywell Protection Services Alarm System Maintenance Agreement 7885 71.12 Kinho'm Printing 7898 1`080.32 Lanier Worldwide, Inc. Photocopier Maintenance Agreement 7887 310.00 Los Altos Garbage Company DumpatnrRenb»| 7898 478.45 Monogram Sanitation Sanitation Services 7889 215.00 National ReoreeUono and Park Association Membership 7900 107.58 Office Depot Office Supplies 7801 5'750'000.00 Old Republic Title Company Land Purchase-Rancho deGuade|upe 7902 530.88 Orchard Supply Hardware Field Supplies and Equipment 7803 226.41 Pacific Bell Telephone Service 7904 467.64 Pitney Bowers Credit Corporation Mailing Machine Maintenance Agreement 7805 66.81 °2 Porter Rents Supplies for Founders Day Event � 7906 1.000.00 °3 Postage byPhone Postage 7907 2'000.00 Postage byPhone Postage 7908 29.10 Precision Engravers, Inc. Name Badges "1 Urgent check issued on June 20, 1985. � °2 Urgent check issued on June 22' 1885. °3 Urgent check issued onpWf-3' 1995. � � Claims No. 95-12 � Meeting 85-16 Date: June 28. 1995 REVISED K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 7910 253.79 Rabbit Copiers Photocopier Maintenance 7811 7.018.45 Randazzo Enterprises, Inc. Demolition 7012 136.19 Reed &Graham Cement Mix 7813 413.76 Russ Enterprises, Inc. Road Barriers 7814 115.73 San Jose Mercury News Subscription 7815 75.83 San Lorenzo Valley Locksmith Lock and Key—Enbarphme 7916 300.00 Santa Clara County Health Department Permit 7917 860.00 °4 Santa Clara County LAFCO Annexation 7918 2.972.00 Scribner Graphic Press Annual Report Printing 7919 730.25 Sears Refrigerator--Employee Residence 7920 238.70 Select Newspaper Group Advertisement 7821 141.08 Shell Oil Company Fuel 7922 320.27 John Shelton, Inc. Culverts 7823 2.160.00 E. R. Sheehan Trail Construction � | 7924 77.01 Malcolm Smith Reimbursement--Founders Event Supplies � 7925 765.03 Teoter& Etc. Graphics Consulting, Brochures and Maps � 7826 571.88 The Workingman's Emporium Uniform Expense 7927 148.78 Yardbird Equipment Sales Equipment Repairs 7928 548.85 John Escobar Reimbursement—Conference Expenses 7928 828.00 Peter Petri Consulting Sen/ioaa � 7930 1.326.14 Roy'a Repair Service District Vehicle Maintenance and Repairs � 7931 444.47 Petty Cash Founders Event Expenses, Local and [)ut- of-TownA8aeUngExpwnmea. Fie|dend � � Office Expenses, Film and Developing and Private Vehicle Expense � � °4 Urgent check issued on June 21. 1BB5. � Page 2 r 'S.204SE ACTION PROPOSED BY STAF*r oard President Acknowledge/Res--j Director Acknowledge/tt—Vand Staff Acknowledge/Respond Draft Response Attached Board of Directors Staff to be Directed to Prepare Draft Midpeninsula Regional Open Space District Co.aid.rsti-, par 330 Distel Circle Na Response 9eteasary Los Altos, CA 94022-1404 Dear MROSD Directors: I am writing concerning the letter from the South Skyline Association regarding climbing in Devils Canyon. The letter sounded quite alarmed, and blamed climbers for "the destruction of Devil's Canyon." As a resident of Devil's Canyon, and a rock climber, I beg to differ. While there has been some unfortunate un-needed bolting over the last two or three years, the impact by climbers still pales in comparison to the impact of partying hikers. On Earth Days three and four years ago a group of climbers packed out four large packs full of trash that had built up over the years. Most of this was broken glass and beer cans, which is certainly not left by climbers, who are very paranoid about broken glass near climbing ropes, i.e. at the bottom of crags. I would like to receive any drafts of the climbing management plan that are for public review. I would be happy to discuss any further ideas to keep climbing impact to a minimum in the canyon while keeping climbing access free and open. Sincerely, Stephen Wilcox 22400 Skyline Blvd. Box 7 La Honda CA 94020 Pagc 1 Open Space August 24, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mr. Stephen Wilcox DRAFT RESPONSE 22400 Skyline Boulevard, Box 7 PREPARED BY STAFF La. Honda, CA 94020 FOR BOARD CONSIDERATION Dear Mr. Wilcox: Thank you for your letter regarding rock climbing in Devils Canyon. At our Regular Meeting last night, the District's Board of Directors reviewed your comments. Since the District acquired the property, there has been a dramatic increase in rock climbing. We are concerned about some of the activities associated with climbing, such as surface scraping and installation of permanent anchors. Although a lot of the anchors were installed when the property was in private ownership, we have observed that many new anchors have been added. The District is in the process of improving signing and access to the area. Signs advising visitors of District regulations will be placed at all access points. Because of trespassing on private land and the creation of an unauthorized trail, the pullout located on the west side of Skyline Boulevard, approximately roximately 100 yards north of Portola Heights Road, will be posted "No Parking." Visitors will be directed to the designated parking area at Grizzly Flat and asked to use the northbound disc line for access into the canyon. We will also be removing anchors placed in sensitive geologic formations. In the next few months, the District will be constructing an extension to the Bay Area Ridge Trail, connecting Long Ridge Open Space Preserve with Skyline Ridge Open Space Preserve. This will serve as the permanent access trail into the canyon. The Board appreciates your efforts to remove litter from the site. We are aware of your interest in keeping this area open to climbers, and would appreciate your cooperation in helping us protect natural resources. Please inform your fellow rock climbers of the District's regulations and concerns. Staff will add your name to our mailing list and notify you when the draft management plan is scheduled for Board review. We welcome your participation. Sincerely, Pete Siemens, President Board of Directors PS/CRB/cb 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 (9 Board of Directors:Pete Siemens,Mary C.Davey, Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton IESPONSE ACTION PROPOSED BY STAFF Hoard President Acknowledge/Respond Director Acknowledge/Respond Staff Ac'anawl<dge/Respond August 3, 1995 Draft Response Attached Staff to be Directed co Prepare Draft Mid Peninsula Regional Open Space District Respona< for Rnard Conaid ezat ion pac B. rd Directive(s) 330 Distel Circle No Los Altos, Ca 94022-1404 Response Necessary Dear Board of Directors; As residents of the Fremont Older property since 1955, we want to share our perspective on the P P Y P P proposal to add parking to the Prospect Road end of the preserve. We certainly are intimately aware of the parking limitation at the high use periods. We understand that there must be certain pressures by the users to give them more parking. However, we feel that without rerouting the foot and bike traffic off our road, the problems will surpass the now difficult situation and will become increasingly dangerous. The bikes coming downhill pick up speed at the picnic grounds curve and are frequently flying as they pass the adobe and descend the hill. It is also a blind corner, as is the sharp curve at the waterfall near the Stuckey drive. A number of the residents have had near misses with bikers in this area.. With increased traffic on our road, the odds increase that one of us will indeed be"involved"with a bike on our road. We are very anxious to get the majority of the users off the road.We would like to see the trail diverted to have all foot and bike traffic off the road.We understand that there is such a plan but it has never been implemented. It seems that very little trail development has been made in our open space. Before creating 10 parking spaces, we think discussion of a trail beginning at the gate where you are now proposing new parking, taking bikes and pedestrians , and possibly horses too,over the hill and directly into the upper trails is in order. Such discussion should include Betty Normandin as she is rather intimately involved both with the parking lot and the idea of a trail below her home. The end of Prospect from Rolling Hills Road to the preserve is a narrow little winding road, never conceived of as a heavy traffic road. To provide more parking will increase the traffic,perhaps significantly. We would also like to recommend placing a NO PARKING sign at the turn around at the foot of our drive to diminish the increasingly intrusive unauthorized parkers and"tourists"who cannot/do not read signs at the entrance. Sincerely, H. Earl and Donna R. Harris CC. Annette Stuckeys Levine Harris Heran Britton Normandin Open Space ' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 24, 1995 DRAFT RESPONSE PREPARED BY STAFF Mr. & Mrs, H. Earl Harris FOR BOARD CONSIDERATION 22802 Prospect Avenue Saratoga, CA 95070 Re: Prospect Road Use by Preserve Visitors Fremont Older Open Space Preserve Dear Mr. and Mrs. Harris: Thank you for your August 3 letter concerning public use of upper Prospect Road, the proposal to add parking in the preserve, and the potential for a new trail as an alternative to use of the road by preserve visitors. The Board considered your letter at its regular meeting of August 23, 1995. Staff is currently in the process of studying alternatives for expanding the parking area, as well as preparing a Trail Use Element update for the preserve. Staff is aware of the neighbors' concerns about unauthorized vehicle traffic on the upper portion of the road and the conflicts between use of the road as a driveway and as a trail. There are also concerns regarding use of the parking area at night. Staff is investigating solutions to these issues as part of the parking studies, with the objectives of creating more organized and controlled parking, as well as additional parking. The Trail Use Element will include studies to determine whether a trail to allow or require users to bypass the road is physically feasible. We expect that the staff studies will be concluded within the next few months and these issues will then come before the Board. Before either the parking issues or the trail issues are decided by the Board, you will be notified and given on opportunity to provide further input. We appreciate your suggestions and are committed to worsting out a plan that minimizes the impact of preserve use on adjacent homeowners. Sincerely, Pete Siemens, President Board of Directors PS/dw 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 Generat,btanager:L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-105 Meeting 95-20 August 23, 1995 AGENDA ITEM Approval of Employment Agreement with Michael Foster, District Controller, Including Setting Annual Salary at $9,500 and Instituting a Meritorious Incentive Pay Provision GENERAL MANAGER'S RECOMMENDATION Approve the attached employment agreement with District controller Michael Foster and the revised controller job description. DISCUSSION Michael Foster has served as the District's controller since May 1978. The controller is a part-time, contractual position. M. Foster's current annual compensation is $7,940; there has.not been a salary increase for this position since April 1990. The Administration and Budget Committee met on June 14, 1995 to discuss an adjustment in compensation for the controller based on the Board's desire to consider a salary increase for M. Foster, as well as a way to recognize his exceptional contributions to the District by means of annual meritorious performance pay for additional or exceptional work performed, such as a public note issue or other valuable contribution to the District. The Committee's recommendation is that the controller's annual salary be increased to $9,500 per year and that he be eligible to receive meritorious performance pay in an amount up to $3,000 per year over and above his salary. Based on legal counsel's recommendation, a written employment agreement with the controller has been prepared, incorporating the Administration and Budget Committee's recommendations. There is no current written employment agreement for this position. The proposed employment agreement is prospective. The Board will need to determine the amount of any meritorious incentive pay to be awarded based on the Board's 1995 annual review of M. Foster's performance. The salary adjustment shall be effective as of the Board's approval date of the employment agreement. Prepared by: Susan L. Schectman, Legal Counsel Jean Fiddes, Administrative Services Manager Contact person: L. Craig Britton, General Manager 330 Distel Circle - Los Altos, CA 94022-1404 , Phone:415-091-1200 * FAX:415-091-0485 - E-mail: n-trosMnet(orn.com Board of Diw(fors:Pete Siemens,May C. D,ivey, Teeny Renshaw,Ginny Babbitt, Noneite I lanko, Betsy Crowder,Wim de Wit General Nlituget:L.( raig Britton EMPLOYMENT AGREEMENT CONTROLLER THIS AGREEMENT made and entered into this 23rd day of August, 1995 by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed under the laws of the State of California ("District" herein), and Michael L. Foster ("Foster" herein), provides as follows: 1. Foster has been employed by District as its Controller since May 1, 1978 and shall henceforth be employed by District as its Controller on the terms and conditions contained in this Agreement. 2. Powers and Duties. Foster's powers and duties shall be as specified in specified in Sections 5538, 5552, and 5553 of the Public Resources Code of the State of California and in the District Job Description for this position. 3. Employment Status. Foster is an at-will, part-time District employee. Foster serves at the pleasure of the Board of Directors (the "Board" herein). His employment may be terminated at any time without cause and without right of appeal. 4. Compensation. (a) Salary. As compensation for the services to be performed hereunder, Foster shall receive an annual salary in the amount of$9,500. (b) Meritorious performance pay. The Board may grant Foster meritorious performance pay, in an amount up to $3,000 per year over and above Foster's salary. Such meritorious performance pay shall be based on the Board's annual review of Foster's performance. Meritorious performance pay shall not be a salary increase and will be made in a lump sum payment. Such an award shall be in recognition of exceptional and extraordinary performance during the previous year of service, which exceeds regular and expected duties, such as complex or time-consuming special projects undertaken by Foster or projects which have increased efficiency or lead to cost savings. 5. Benefi . Foster shall not receive any District benefits. 6. Performance Review. On an annual basis, the Board shall review Foster's performance and may consider any proposals by the Board or by Foster to modify or amend this Agreement. 7. Entire Agreement. This instrument contains the entire agreement of the parties and may be changed only by an agreement in writing signed by the parties. 8. Effective Waiver. No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or subsequent breach of the same provision or of any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. 9. Effective Date. This Agreement shall become effective on August 23, 1995. IN WITNESS WHEREOF, District and Foster have executed this Agreement on the dates stated below at Los Altos, California. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Peter W. Siemens, President Michael L. Foster, Controller Date Date ATTEST: Jean H. Fiddes, District Clerk APPROVED AS TO FORM: Susan M. Schectman, Legal Counsel Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CONTROLLER JOB DESCRIPTION SUMMARY OF DUTIES Responsible to the Board of Directors. Major responsibility is to plan, organize, and administer the accounting and finance functions of the District. Works under the direction of and with the General Manager in performing these duties. WORK PERFORMED 1. Monitors District system of accounting and auditing. 2. Directs the preparation of regular financial statements for the District and oversees the year-end audit by independent CPA's. 3. Reviews all checks and warrants issued to pay claims as approved by the Board. 4. Manages funds and investments of District in an appropriate and fiscally sound manner and as permitted by law and in accordance with District policy. 5. Does long term (5-10 year) fiscal planning to meet goals of the District. Proposes appropriate financial solutions to address financial problems. 6. Maintains close working relationships with the financial community including banks, underwriters, consultants, bond rating services, etc. 7. Suggests appropriate and fiscally sound methods of funding major land purchases. 8. Works with bankers to structure all external financings. Manages the offer and sale of notes and certificates when authorized by the Board. 9. Aids in preparation of the overall annual budget for Board approval. Prepares the revenue and financing portions of the budget. 10. Suggests proper procedures for controlling funds to prevent mismanagement or misappropriation. 11. Monitors work of District employees involved in the above tasks, in particular the Accounting Specialist. 12. Performs duties imposed by Article 3 of the Public Resources Code, Sections 5538, 5552 and 5553, the Board, or the General Manager. Controller Job Description Page 2 13. Is familiar with the laws applicable to the performance of job duties concerning proper local agency investments, financial reporting, borrowing, and financing; performs duties consistent with those laws. EDUCATION. EXPERIENCE. AND PERSONAL REQUIREMENTS The individual must be committed to the purposes of the District, be self-directed, and yet able to work as a member of a team. Good financial modelling and verbal and written and communication skills are mandatory. Position would normally require a Master's degree in Business Administration plus a minimum of eight years experience in financial management at a high level of responsibility. Approved by the Board of Directors February 4, 1974 Amended February 13, 1974 Amended August 23, 1995 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-108 Meeting 95-20 August 23, 1995 AGENDA ITEM Final Adoption of an Amendment to the Monte Bello Open Space Preserve Use and Management Plan to Change the Stevens Creek Nature T Jnt 7Tve Brochure GENERAL MANAGER'S RECOMMENDATION Adopt the amendment to the Monte Bello Open Space Preserve Use and Management Plan to change the format for interpretation of the Stevens Creek Nature Trail from a self-guided brochure to interpretive signing. DISCUSSION At our Jul 26 1995 meeting, you tentative) adopted the amendment to the Monte Bello g Y P Y Y Y Use and Management Plan (see report R-95-97). The amendment outlined changing the method of interpretation on the Stevens Creek Nature Trail from an interpretive brochure to interpretive signing along the trail. The proposed amendment was determined by the General rPve g Manager to be of limited concern or importance to the property owners adjacent to Monte Bello Open Space Preserve, and therefore, adjacent property owners were not notified of the proposed amendment. Final adoption was deferred until your August 23, 1995 meeting to allow time for public comment. To date, staff has received no public comment on this matter. Prepared by: Julie McCullough, Planning Technician Contact Person: Same as above 330 Distel Circle * Los Altos, CA 94022-1404 Phone: 41 5-691-1200 FAX:415-69"1-0485 E-mail: nirosdunetconi.coni Board of Directors fete Siemens,Mary C:.Davey, I eena f Ienshaw,Ginny Babbitt,Nonette Nanko,Betsy Crowder,Willi de Wit General Mana;;er:1.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-107 Meeting 95-20 August 23, 1995 AGENDA ITEM Final Adoption of the Amendment to Use and Management Plan for Purisima Creek Redwoods Open Space Preserve for District-Managed Lands of Peninsula Open Space Trust GENERAL MANAGER'S RECOMMENDATION Adopt the amendment to the Use and Management Plan for Purisima Creek Redwoods Open Space Preserve for the District-managed lands of Peninsula Open Space Trust. DISCUSSION At your July 26, 1995 meeting, you approved the management agreement with Peninsula Open Space Trust (POST) to open the former Thysen property to the public, following construction of a trail and installation of fences, gates and signs (see report R-95-104). In addition, you tentatively adopted an amendment to the use and management plan for Purisima Creek Redwoods Open Space Preserve to construct a trail between the Bald Knob trail and the POST property. Staff has received no public comment on this matter since your July 26 meeting. Prepared by: Del Woods Senior Planner Contact person: L. Craig Britton, General Manager 330 Distel Circle Los Altos,CA 94022-1404 Phone:415-691-1200 FAX:415-69'1-0485 E-mail: mrosd@netcorn.com Board of Dire(fors:Pete Siemens,Mary C. Davey, teena Henshaw,Ginny Babbitt,Not ette Flanko,Betsy Crowder,Wim cle Wit General h4anager:t.Craig Britton OpenSpace R-95-106 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-20 August 23, 1995 .AGENDA ITEM Informational Report on the Physical Condition of the Seven Springs Loop Trail at Fremont Older Open Space Preserve and the Status of the Fremont Older Trail Use Plan e� GENERAL MANAGER'S RECOMMENDATION Accept the staff report on the current physical condition of the Seven Springs Loop Trail at Fremont Older Open Space Preserve and the status of the Fremont Older trails use plan. DISCUSSION At your July 26, 1995 meeting, a member of the public expressed concern about conflicts with bicyclists on the Seven Springs Loop Trail at Fremont Older Open Space Preserve. Staff was directed to evaluate the current condition of the trail and determine how the trail fits within the trail use classifications that were developed as part of the District's adopted Trail Use Guidelines and Mitigation Measures. Staff was also directed to report on the status of the trails use plan for Fremont Older Open Space Preserve. Seven Springs Loop Trail (see attached map) Seven Springs Loop Trail is located below Hunters Point in the northeast portion of the preserve. The trail is approximately 1.5 miles long, ranges in width from 2 feet to 12 feet, and has grades varying from 2 percent to 21 percent. It is one of the more heavily used trails on the preserve. The trail has been open to multi-use for more than 7 years and receives the majority of use from hikers and bicyclists. During high use periods, this trail can receive 75 trail users per hour. In November, 1993, staff inventoried the physical characteristics of the trail. Since your July 26 meeting, staff has reviewed the inventory data and also field checked the trail. The trail width ` has narrowed in several areas since the original inventory was completed. This is due to sloughing of the adjacent slopes, encroaching vegetation, and rutting caused by heavy trail use on the soft clay soils that are typical on the preserve. The heavy rains from this past winter intensified these problems. Based on the District's adopted Trail Use Guidelines, a number of factors are used to determine trail use suitability. These include physical characteristics, historic use, current use, and conflicts (see Section 2.2 of the Trail Use Guidelines and Mitigation Measures, adopted July 27, 1993). Factors relating to the Seven Springs Loop Trail include the following: ■ Non-classified trail (according to trail class designations) ■ History of multi-use over 7 years ■ Estimated 75 trail users per/hour during peak use periods ■ 40% hikers and runners, 50% bicyclists, 10% horses ■ Four accidents in 1994. No reported accidents in 1995. The physical characteristics of the Seven Springs Loop Trail most resemble those of a Class B 330 Distel Circle * Los Altos, CA 94022-1404 * Phone: 415-691-1200 - FAX:415-691-0485 - E-mail: mrosd®netcom.com Board of(hrectors fete Siemens,Mary C.D,ivey, leena I ienslmw,tinny Babbitt, Nonette I Linko,Betsy Crowder,Wim de Wit General Manager:1.Craig Britton R-95-106 Page 2 trail (suitable for multi-use). However, less than 75 percent of the trail meets the Class B characteristics. Therefore, according to the Trail Use Guidelines, the trail is considered non- classified. Non-classified trails are to be evaluated on a case by case basis. The most limiting factors for the Seven Springs Loop Trail are its width and line of sight. Significant improvements would need to be made to bring the trail up to a Class B standard, including possibly realigning and widening sections of trail and removal of brush. Other mitigation measures that could be employed are speed limit signs, deployment of volunteer patrols, use of radar enforcement, and information stations. A final determination of appropriate trail use will be made when these improvements and mitigation measures can be examined in context of the overall trails plan. At that time, staff can better evaluate acumulative environmental and fiscal impacts for the entire trails plan. The trail use plan for Fremont Older will be presented for your review and approval later this year. In the meantime, staff has cleared brush immediately adjacent to the trail tread, increased the use of radar on the trail, and requested that the District's volunteer trail patrol increase their patrol of this trail. Status of the Fremont Older Trails Use Plan Staff is in the process of developing a trail use plan for Fremont Older Open Space Preserve. This plan will determine the appropriate improvements and uses for each preserve trail, and whether new or alternative trails are necessary and feasible. This determination is based on an evaluation process derived from the District's adopted Trail Use Guidelines and Mitigation Measures. The evaluation process examines physical characteristics of each trail as well as other factors affecting trail use, including historic trail use, conflicts, compatibility of adjacent trail use, potential improvements, constraints, and mitigation measures. To date, all trails in Fremont Older preserve have been inventoried. Visitor counts have been taken during high use hours and days on the preserve. Incident reports have been evaluated to determine the number of citations and accidents related to trail use that have occurred on the preserve. In addition, volunteer trail patrol logs have been reviewed, and a field workshop was held last October to obtain public input for the plan. There will be another public workshop if significant changes are recommended in the plan. Staff will be assembling the information gathered to date and drafting the trail use plan during the next few months. Staff anticipates returning to the Board in November, 1995 for tentative approval of the plan. Adjacent property owners were not notified of this agenda item because it was an informational report, and there was no recommended Board action. Adjacent property owners will be notified when the trails plan is presented to the Board for review and approval. Prepared by: Sheryl Cochran, Open Space Planner Contact Person: Same as above ' FREMONT OLDER OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT f..:7fm Map Legend Wo irk'^ikb �: - �� e^f41 /^ f Visitor Center mot/A i a NOTE: " Residence c ` j fl1 i"Egg Bicycle riders must wear 2 kttft3 ( '� approved helmets in both -4.6 Fremont Older O.S.P.and .; f r� Stevens Creek County Park v1 ,�. ` Restrooms l) b11(t qt`:,s Roadside Parking m z. . Vehicle Parking Lot CL .4 SE SPRINGS OOP TRAIL arn L tt' 4 g x600 Point of Interest U ••-y �_ 4 Jl' 800 _a r i, rail 800 Trail Use �° _ •cSCac_ —� ��°� •2l --� i 1.0 y •a�_ _ _ �1 ( ao. ,� �� Hunter's Point �-� Trail Distance in Miles • \ a .4 t a / `, J £ ! !Hay Field i / SOQ / w Hiking,Running, Bicycling,Equestrian 3CL x'F '/ _ J► Maisie «.�� 2 F Bicycling,Hiking, Peak ' ..r� Running r3 .3 � p•. :,. C look kt3+)ff Hiking,Running r•�•y;.4, ` ' Bay View Tsai/ Trail 800 •� 600 j 1r` `./:,.. ,.6 .4 .4,"'� �Toyon L f s X ••i r 0• Trail Vehicle Driveway Q 800 (9\ •t91' �' s •' • .6 / t 1200 Vista Loop—^, Nob,; t000 Hill Do s on Leash Trail 1000 g l Permitted Here 800'�{�fie». :,,:ri �,• s. .. s >ls,;,' b 7 600 �I a Stevens Creek 1 e f— s x a »x '� ' � a No Public Entry County Park C � i a>' c�: .,us.:�� :<�o,�,s... :� x; ,s;: ,;::�;;::F,,;,: ��. ,.F•.,e�iiu>: ^3i`sf � t• Dogs on leash allowed in certain areas. -...f�.,�,�:5.�:;,:i zs sf:` Contact Count � � � `"1 of> ''2':<r+�' � Private or"x..,..: for information. Via':,`fix' Mt: detl t2nati I � I M01, l0.0 .1 .2 .3 .4 .5 .6 7 .8 .9 1.0 One Mile 9/1 93 FREMONT OLDER OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Residents of Cupertino and Saratoga will find Fremont Gatos and from Skyline Boulevard to San Francisco Bay. Older Open Space Preserve of particular interest because of its proximity and richness in local history. Located on The District's purpose is to acquire and preserve the urban fringe and extending towards Mt. Eden Road to foothill and bayland open space outside the urbanized the south and Stevens Creek County Park to the west, the areas of the peninsula for the use and enjoyment of the 740-acre preserve offers a variety of experiences to hikers, public. bicyclists, and equestrians. Visitors are usually attracted to the open hayfields, Seven Springs Canyon, and Hunters REGULATIONS Point, a 900' hilltop offering sweeping views of the Santa Clara Valley. To the west are chaparral and oak covered m Preserve closes one half hour after sunset. ridges dropping steeply to Stevens Canyon. m Dogs on leashes are allowed only in designated areas. m Leave plants and animals undisturbed. The preserve is named for Fremont Older, a noted San N Pass others with care. Francisco newspaper editor who, together with his wife, 0 The following uses are NOT permitted: Cora, owned a portion of the preserve for 60 years. Their n Motor Vehicles house, once a gathering place for personalities of the day, K Camping has been leased to a private party and restored. It is listed N Fires on the National Register of Histolic Places. The house is E Smoking open to the public only during scheduled group tours. E Firearms There are approximately 9 i� iles of trails connecting Abuses of the regulations should be brought to the Prospect Road to Regnart Road and Stevens Creek County attention of a District ranger, or call (415) 691-1200. Park. A popular hike is from the Prospect Road entrance up through the hayfield to Hunters Point and then around the Seven Springs loop trail. Caution: rattlesnakes are native to these foothills and HOW TO GET THERE are especially active in warm weather. Poison oak grows on most preserves; learn to identify it in all The preserve's entrance is located at the end of-Prospect seasons in order to avoid it. For your own safety, please Road, 1.5 miles west from its intersection with Stelling stay on the trails at all times. Please observe all posted Road. From Interstate 280, take Route 85 (Saratoga- parking and trail regulations. Fines can be expensive! Sunnyvale Road) south to its intersection with Prospect Road. Travel west on Prospect Road until you reach the preserve. Parking for approximately 10 cars is available here. Additional parking is located in Stevens Creek FOR FURTHER INFORMATION County Park adjacent to Stevens Canyon Road. The Visitor's Guide, a District publication available free THE OPEN SPACE DISTRICT of charge, describes all the open space preserves. Topographic maps of individual preserves are also The Midpeninsula Regional Open Space District is an available from the District. independent special district created in 1972 by the voters of northwestern Santa Clara County and joined in 1976 by Please call, write or visit us: Midpeninsula Regional southern San Mateo County. The District's boundaries Open Space District; 330 Distel Circle, Los Altos, CA encompass 16 cities and extend from San Carlos to Los 94022-1404; (415) 691-1200. Open Space ^ � Claims No. Q5-15 � Meeting -- � N�k Date: Aug. 23 1985 REVISED K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description � � Septic Tank Service Sanitation Services � 8084 42.56 Ace Fire Equipment& Service Company Fire Extinguisher � 8066 329.82 Acme&Sons Sanitation Sanitation Services � 8066 97.50 ADT Security Systems, Inc. Alarm System Repairs � 8087 41.74 American Welding Supply Equipment Part � 8068 138.92 AT&T Telephone Service 8069 29.30 Bay Area Air Quality Management District Permit Fee 8070 358.10 Best Sanitation Sanitation Services 8071 190.00 BiU'sTowing & Renovery Vehicle Towing 8072 1'348.04 Body Logic Training 8073 6.950.00 Louis Bordi Grading 8074 470.25 8reon. O'Donne||' Miller, Brown 8' Danner Legal Services 8075 46.60 Brian KonQaoFou|k Engineering Services � 8076 1'000.00 °1 CadaenBruina Grant House Furnishings 8077 91.19 L. Craig Britton Reim buroernont-Grant House Furnishings 8078 180.00 °2 Building Education Center Seminar Registration--R. Molina 8078 250.99 California Water Service Company Water Service 8080 70.00 Camino Medical Group K8odice) Services 8081 54.52 Cascade Fire Equipment Company Equipment 8082 20.00 Center for Natural Lando Management Resource Document 8083 6'400.00 Central Fence Company Guard Rail Installation 8084 39.68 CksMk'a Auto Parts/Machine Shop Vehicle Parts 8085 146.88 Annette Coleman Reimbursement--Field Supplies 8086 356.27 Communication & Control, Inc. Utilities 8O8� 1,441.70 Craftsman Printing K|dmActiv|typuoter - Reprint � � 8088 2.937.44 Design Concepts Design Production Projects 8089 138.60 °3 Brendan Downing Reim buraernent'-Travo| Expenses 8090 13.00 Federal Express Corporation Express Mail 8091 50.00 Jean Fiddas Reimbursement-Ca|PER8VVorkmhop 8082 116.45 Film to Fronoo Signs � 8083 82.97 Forestry Suppliers, Inc. Ro|d Supplies � 8094 01.00 Foster Bros. Security Systems, Inc. Locks and Keys 8095 1.720.95 Garden|and Power Equipment Equipment and Repairs 8088 53.88 G.|. Trucking Company Shipping Services � 8097 21.23 G&KSawimao Towel Service 8098 166.20 K8aryGundert Reimbunyanment-Pmnnit and Private Vehicle Expense 8088 49.04 Phillip Hearin Reimbunsannent-RanQer Residence Blinds � 8180 477.20 Home Depot Field Supplies 8101 636.06 Hymter Sales Company Equipment Rental � 8102 8'960.00 Frank W. |oidoroCompany Grading � 8103 91.81 Island Equipment Company Field Supplies 8104 2'313.40 Jmdo Publications, Inc. Brochure Printing 8105 331.16 Joseph's Carpet Service Carpet Repairs-Dimte| Circle °1 Urgent Check Issued on August 3. 1895. °2 Urgent Check Issued onAugust 1' 1995. °3 Urgent Check Issued on August 7' 1985. Page � � Claims No. 95-15 K8eetnD85-3O Date: Aug. 23, 1995 � REVISED K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8107 38.63 Noeb|e& 8hunhatPhotography Prints 8108 104.08 Kinko's Volunteer Newsletter Printing 8108 2'083.70 Lanier Worldwide, Inc. Maintenance Agreement 8110 58.80 Judy Law Private Vehicle Expense 8111 275.00 Lovv Enforcement Psychological Services, Inc. Peace Officer Testing 8112 603.82 Los Altos Garbage Company Dunnpmter Rental 8113 605.80 BuckyK8ace Consulting Services 8114 128.60 K8arin Supply Company Sanitation Supplies 8115 249.98 McGrath RenUCorp. Skyline Office Rental 8116 1'536.87 K8etroK8obi|e Communications Radios 8117 208.48 K8inton'o Lumber @k Supply Field 8upp||oe 8118 119.28 Moffett Supply Company SonitaionSupp|ieo 8119 405.84 Monogram Sanitation Sanitation Supplies 8120 778.36 Murray & Murray Legal Services 8131 19.50 Netcom On-Line Service 8122 488.86 Noble Ford Tractor, Inc. Tractor Parts and Repairs 8123 111.68 Northern Energy Propane Fuel 8124 2.374.05 Occupational Management Systems Professional Services 8125 56.95 Office Depot Office Supplies 8126 840.83 Orchard Supply Havdvvona Field Supplies 8127 1.006.28 Pacific Bell Telephone Service 8128 82.68 Peninsula Blueprint, Inc. B|ua|inea 8129 1'701.00 Peter Petri G|SConou|hng Services 8130 112.64 Pine Cone Lumber Company Field Supplies 8131 187.01 Pip Printing Printing-Volunteer News Letterhead 8132 4'000.00 *4 Platypus Studio Nature Center Exhibits 8133 3'000.00 °G Postage byPhone Postage 8134 23.24 Precision Engravers, Inc. Nornm Badges 8135 2.420.00 Quicksilver Printing Printing 0136 37.48 Rancho Hardware Field Supplies 8137 32.50 Rayne Water Conditioning Water Service 8138 189.18 The Recorder Subscription 8138 572.48 Rich's Tire Service Vehicle Tires 8140 1.328.74 Roy'a Repair Service Vehicle Maintenance and Repairs 8141 101.83 Russ Enterprises, Inc. Signs 8142 166.57 8afeh/ K|een Solvent Tank Service 8143 212.50 Sondis Humber Jones Engineering Services 8144 169.54 San Jose Mercury News Advertisement 8145 100.00 Santa Clara County Health Department Permit 8146 3.000.00 Smcor International, Inc. Consulting Services 8147 123.91 Sharon Hall Photography Photographs 8148 800.00 E. R. Sheehan Trail Layout � 8149 14&19 Shell Oil Company Fuel 8160 101.29 John Shelton, Inc. Culverts ^4 Urgent check issued on August 3. 1S85. °5 Urgent check issued on August 14. 199D. Page � Claims No. 95-15 yWeehngQ5-2O Date: Aug. 33. 1S05 REVISED K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8151 475.53 Signs of the Times Signs � 8152 81.21 Silvenado Avionics, Inc. Shoulder Microphone 8153 138.82 Skyline County Water District Water Service 8154 64.61 Cheryl Solomon Reimburmement--Natune Center Supplies 8165 900.00 Summit Spring Design Tree Removal 8156 52.74 Summit Uniforms Uniform Expense 8157 1.321.23 Teaher& Etc. Graphics Consulting—Brochures and Maps 8158 75.00 ThCih/ Glass Door Repairs—Dimte| Circle 8158 130.73 The TufnutWorks Field Supplies 8180 143.26 University Art Center Frames 8161 103.11 VaUen Safety Supply Company Field Supplies 8182 1150 Valley Title Company Photocopies cfDocuments 8163 4.000.00 Vargas and Company Partial Payment--Audit � 8184 118.20 Michael Williams Private Vehicle Expense � 8165 75.00 Del Woods Reimbursement--Aerial Map � � 8166 88.62 The Workingman's Emporium Uniform Expense � � 8187 32U5Q YondbirdEquipmnmnt�a|em Equipment � � � � 8188 16838 Joan Young Contract Services � � � 8189 2.797.92 Pacific Gas& Beobic Company Move Skyline Electric Pole � 8170 36.488.04 Oakland Truck Center Trucks 8171 291.38 J. Anne Rawlins Legal Services 8172 10.88 State Board ofEqualization Diesel Fuel Tax 8173 185.00 OevidTop|my Reimbursement--Tuition � 8174 430.78 Petty Cash Docent and Volunteer Supplies, Field and Office Supplies, Film and Developing, � Resource Materials, Local and Out-of Town Meeting Expense and Private Vehicle Expense � � � � | Page � Claims No. 95- 5 Meeting 95-20 Date: Aug. 23, 1985 K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8063 475.00 Aaron's Septic Tank Service Sanitation Services 8064 42.56 Ace Fire Equipment& Service Company Fire Extinguisher 8865 329.82 Acme& Sons Sanitation Sanitation Services � 8O8G 97.5D ADTSeourity Gy�bemna. Inc. Alarm 8y�bern Repairs � � 8067 41.74 American Welding Supply Equipment Port 8068 136.82 AT&T Telephone Gemioa � 8069 29.30 Bay Area Air Quality Management District Permit Fee 8070 358.1O Best Sanitation Sanitation Services � � 8071 100.00 BiU'eToxvn0 & Recovery Vehicle Towing 8072 1'348.04 Body Logic Training | | 8073 6.950.00 Louis Bondi Grading ' 8074 470.25 Breon' O'Donnell, Miller, Brown /& Donner Legal Services 8075 46.50 Brian Nangao Fou|k Engineering Services 8076 1'000.00 °1 CadeenBruino Grant House Furnishings 8077 91.19 L. Craig Britton Reimbursement--Grant House Furnishings 8078 180.00 °2 Building Education Center Seminar Registration--R. MoUca 8079 250.99 California Water Service Company Water Service | 8080 70.00 Camino Medical Group Medical Services 8081 G452 Cascade Equipment ' ! 8082 20.00 Center for Natural Lands Management Resource Document 8083 6'400.00 Central Fence Company Guard Rail Installation 8084 39.66 C|mrKsAuto Parts/Machine Shop Vehicle Pede 8085 146.88 Annette Coleman Reim bursement-Fie|d Supplies � 8086 356.27 Communication & Cnninm|' Inc. Utilities 8087 1'441.70 Craftsman Printing Kids Activity Poster Reprint 8088 2.937.44 Design Concepts Design Production Projects 8088 138.80 °3 Brendan Downing Reimbursement--Travel Expenses 8090 13.00 Federal Express Corporation Express Mail 8091 50.00 Joan Hdden Reim buraement-Ca|PERS Workshop � 8092 118.45 Film to Frame Signs 8093 82.87 Forestry Suppliers, Inc. Field Supplies 8094 61.60 Foster Bros. Security Systems, Inc. Locks and Keys 8096 1.728.95 Garden|and Power Equipment Equipment and Repairs QOSG 53.80 G.I. Trucking Company Shipping Services 8097 21.23 G&K Services Towel Service 8098 168.20 K8eryGunded Reimnburmement--Permnit and Private � Vehicle Expense � � 8099 48.04 Phillip Hearin Reimbursement--Ranger Residence Blinds � 8100 477.26 Home Depot Field Supplies 8101 538.06 HynterSo!es Company Equipment Rental � 8102 8'960.00 FronhW. |sidoro Company Grading � 8103 91.81 |a|ond Equipment Company Field Supplies 8104 2.313.40 Joda Publications, Inc. Brochure Printing � 8106 331.16 Joseph's Carpet Service Carpet Repairs-Diato| Circle � °1 Urgent Check |mouod on August 3' 1985. � °2 Urgent Check Issued on August 1. 1995. °3 Urgent Check |nuuod on August 7' 1985. Page Claims No. 05' S Meeting 95-20 Date: Aug. 23. 1SS5 K8|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 8107 38.03 Neeh|e&ShuchadPhotography Prints 8108 104.09 0nhn'o Volunteer Newsletter Printing 8109 2'083.70 Lanier Worldwide, Inc. Maintenance Agreement � 8110 58.80 Judy Law Private Vehicle Expense � 8111 275.00 Loxv Enforcement Psychological Services, Inc. Peace Officer Testing 8112 603.82 Los Altos Garbage Company DunnpotarRenta| � 8113 805.80 Buchy Mace Consulting Services � 8114 128.80 K8erin Supply Company Sanitation Supplies 8115 248.98 K8cGmmMhRenhCorp. Skyline Office Rental 8116 1^536.87 yWetroK8obi|o Communications Radios 8117 208.48 K8intun'n Lumber @ Supply Field Supplies � . � 8118 119.28 Moffett Supply Company SonitainnSupp|ion 8119 405.94 Monogram Sanitation Sanitation Supplies � 8120 778.38 Murray & Murray Legal Services 8121 19.50 Netcom On-Lino Service 8122 468.88 Noble Ford Tractor, Inc. Tractor Parts and Repairs 8123 111.68 Northern Energy Propane Fuel 8124 2.374.05 Occupational Management Systems Professional Services 8126 58.85 Office Depot Office Supplies � 8126 840.83 Orchard Supply Hardware Field Supplies 8127 1.006.28 Pacific Bell Telephone Service 8128 82.86 Peninsula Blueprint, Inc. B|ue|inea 8129 1'701.00 Peter Petri G|S Consulting Services 8130 112.84 Pine Cone Lumber Company Field Supplies 8131 167.01 Pip Printing Phndng-4/o|unteer News Letterhead � 8132 4'000.00 °4 Platypus Studio Nature Center Exhibits 8133 3O000� °5 Postage Postage ' � � 8134 23.24 Precision Engravers, Inc. Name Badges 8136 2.420.00 Quicksilver Printing Printing 8136 37.46 Rancho Hardware Field Supplies � 8137 32.50 Rayne Water Conditioning Water Service 8138 19918 The Recorder Subscription � 8138 572.46 Rich's Tire Service Vehicle Tires 8140 1.328.74 Roy'o Repair Service Vehicle Maintenance and Repairs 8141 161.63 Russ Enterprises, Inc. Signs 8142 166.57 Safeh/ K|een Solvent Tank Service 8143 212.50 Smndis Humber Jones Engineering Services � 8144 169.54 San Jose Mercury News Advertisement � 8145 100.00 Santa Clara County Health Department Permit 8146 3.000.00 Gecor International, Inc. Consulting Services 8147 123.91 Sharon Hall Photography Photographs 8148 600.00 E. R. Sheehan Trail Layout 8149 14&19 Shell Oil Company Fuel 8150 101.28 John Shelton, Inc. Culverts °4 Urgent check issued on August 3. 1QQ5. ~5 Urgent check issued on August 14. 1Q05. Page Claims No. 95-15 Meeting 95-20 Date: Aug. 33. 1995 � K8|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT � # Amount Name Description 8151 475.53 Signs of the Times Signs 8152 81.21 Si|venado Avionics, Inc. Shoulder Microphone 8153 136.82 Skyline County Water District Water Service � 8154 64.61 Cheryl Solomon Raimbureament--Nature Center Supplies � 8155 900.00 Summit Spring Design Tree Removal � 8156 52.74 Summit Uniforms Uniform Expense � 8157 1.221.23 Teobar& Etc. Graphics Conau|Ung—Bnochunao and Maps 8158 75.00 TriCib/G|oos DoorRepaima—Diete| Circle 8159 130.73 The TufnutWorks Field Supplies 8160 143.26 University Art Center Frames 8161 103.11 VaUen Safety Supply Company Field Supplies � 8162 13.50 Valley Title Company Photocopies nfDocuments � 8163 4.000.00 Vargas and Company Padia| Poynnent_Audit � � 8164 118.20 Michael Williams Private Vehicle Expense � 8165 75.00 Del Woods Reimbursement--Aerial Map 8166 68.62 The Workingman's Emporium Uniform Expense � | 8167 320.59 Yanjbird Equipment Sales Equipment Parts . 8168 168.38 Joan Young Contract Services � � ^ � � � � � Page � �� SpaceOpen MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager ' DATE: August 23, 1995 SUBJECT: FYI I I i 330 Distel Circle Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:41 5-691-0485 E-mail:mrosdQnetcom.con'i Board of Oirecrors:Pete Siemens,Mary C:. Davey,Teena Iienshaw,Ginny Babbitt,Nonette Iianko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton AUG 23 '95 Oe:5/1aM ADMIN YASONA P.2/2 Santa Clam County �~ pen Space Authority August 17, 1995 Board Members The Honorable Charles Calderon Jerry T.l:srruth Chair, Senate Committee on Judiciary ` r L.P'- � ka Diwroy,Dis"i`r3 Room 4039, State Capitol Cha gw-sm b 1T- P.O. Box 94284-8 Pere Carrillo Sacramento, CA 94248-0001 Direuar,Disrria F Vke-CharMum Dear Sena! alderon: Juiinc Baird Dimcwr,thsnicz 1 The Board of Directors of the Santa Clara County Open Space Authority would like Bob McGuire you to know that our T3vard supports AB700. This legislation would add mountain Dirar .r.Disnicr z bicycling and paragliding to the list of hazardous recreational activities in the Gamecul J.Anmhle California Government Code. We urge you to vote in favor of the bill. We Director,Dcstrtcc 4 understand that it will be considered when the Senate Judiciary Committee meets on Richard Forac August 22. Dr ,ccrvr,Disincr 5 The reason for support is (a) the experience of other open space districts who have Janis Esser)uar allowed these activities on open space lands, and(b) the fact that our Authority is Director n-rmrr 7 being asked to help implement the Santa Clara County Trails Master Plan and anticipates the need for any uumunity that the legislature is willing to establish to General Manager facilitate this recreational activity on open space lands which we plan to acquire. Larry Coow Tlie Authority was forrncd by action of the Ugislaturc in 19927 began to function with an interim board for a year, and following a favorable advisory vote on an assessment district and the election of a new seven-member Board of Directors, began to function in a more permanent mode later in 1994. 1 he roster of our board, our mission statement, a list of initial accomplishments, and a map of the area of our jurisdiction are included fvr your information- Please call our General Manager, Larry Coons, at (409) 358-9443 if you have questions or suggestions as to how ive might othemise encourage the approval of this bill. Sincerely, ,P& " Pete Carrillo Director, District 6 and Vice Chairperson, Rokrd of Directors cc: Members, Senate Judiciary Committee Santa Clara County Open Space Authority Board of Directors John Woodbury, Bay Area Open Space Council Craig Britton, Mtdpeninsula Regional Open Space District \ab700 298 Garden Hill Drive, Los Gatos,California 95D30-2421 a 408-.358.9443 • Fax 408-358-3245 � ar,< 9164414925 HE I M NOACK & SFqHNN F-2 T-869 P-002 AUG 21 195 16:10 I - S81iAi'B JTb2C2Y c� t7'L'fER A Charles N. Oa].#&rbri, �iatLaLli � 1.995-96 Regular 30n 9 t1 - O ?ao (CUnOVAM) As ameixded April 26, Hearing date: Aft 22, 1995 C'Overrmsenit Code y,7.T:and LIT IC Md1FfiA_2N 13 AND � 5 C NTST ORY District n' gtxla Regican�t2 open space S ounce: �]:dp .e3.ated panding Le.-giSlationa AB 867 (V. AB 1461.(BordOnarca) ":,� zbly Floor Vote. 12 - 0 Assemb 3/ Cnmmit'teu 00 Judicia-ry V43ts. O KEY Ta LI QEM SUS I"" vg T TONAL A E ExFANDED 1�lZD P = .itsar�-t try ri LEI, E£, 'ASPi-SzG� ? RffI: r i PURPOSE Sacisting law provides that nQithe'r a puublic enter nor a public emp,<)YO8 is l�.dble to any pe=$� whe participates in a 2ia8�oit�'. recreational acti.vxty- "Hazardoua recreational activitY'' means a rocraat"*nal activity Conducted on property of a public entity which creates a ubstantia). (+� distj..guijnhe froan a manor. .trivial, cw insiynif icant) risk. of injury 'to*a partiOi pal* car a speGtatnr. "na8ardovc r+vcreatio l activity al5a means: (more) doo'd ES MS6-1?--rn 1 G4414925 HE I VI NOACK & SP4"4 F-290 T-863 P-003 AUG 21 '95 16:10 JM 701) (C!ti'DlM00ft) Pa<g @ 2 (1) Water contact activities, except &Lvi , iP prl.aCees yr cILI l rg tunes Where lifeguards area riot providad and reassemble warninq has been g'3.ven or such .fact should reasonably 'have non known teD tha complains q party- (a) Any form of dives 3.riteL2 water wa teoother than a divimq board or in ruct ereypl�cacxrems �t t.�1�.`3r�tS'� has �+F3n diving is prohibited and reasvn4bl.e wau: inch given (3) Animal riding, including equestrian coopetitiorx, archery, bicycle racing or jumping, boating, crass-eceuntry and downhill Skiing, hand gliding, )cayakinq, vxffo'rizad veah1cle: racing, off-road motorcycling or four-wheel driving of any kind, errientearing, .gtol and rifle shootings, r� climbing, racketeering, corzrC.act sperrGs !� pa P spelunking, sky' divir�q. (i.e_, sports in which it is reaa onablY fOrcneeabl t that there be rah bodily_ contact with one or more particigants) . r fin t.razWO11 ping, tram climbing, tree rope swinging, water S�Lz 9r ski inc3, white water rafting, and wind surfing. current law does not limit the liability for the actions or inactions t who: of a Public entity 1. yt7tz1s to guard or warn of A kyumn dangeroutc r m'tdition; Z, charges a speoiflc too for Participation in a hazardous recreational activity; 3. Fails to prcparly construct or maintain in good repair any' stru Lure, reczeati.cmal equipment or machinery, or substantial csug antivit ; �t in the. zed y irk of improvementutilx 4. Recklessly Or with gross negligence pr onated the pdTfiicipattirxn in or observance of a hasardops recreatianal. acti�yit- 5. in gross 20egligenee which are tA* proxImAte cause Of the injury. iv3tieffi, This ,r bill adds to the list of hazardous ecreationatl act mountain bicycling land paragliding_ Faraglid3nq is the act of ru=iitwg d 4m a hill with a parachute types structure and Ong lifted upward by the air ecurre nts. Thebill prove dGE'i that mountain bicycling does not include riding at _ bicycle on paved pathways, roadways, or si.deaWalkkS. (More) Eb.d CS*-VX NON 9G-M--0IW 51.64414325 HEIN NOACK & SPPMN F-250 T-669 P-004 AUG 21 195 16:11 AD 700 (0Q=&eA:ft) page- 3 COMMENT spa .atde�eartt Accordinct to the: Ki,3penixtsula-Regional Open Space JDistri&t, in 1-993 accident-S involving vourmajLn bicycles CAYMPIriSed 65-t Of their total aecidentg; in 1994, t1ley cram 75* of total &=14.0"tz- mountAim bicycle acc;Ldents rOgsuiring a written report Se ally fall into the following- categ6ries- mi-nor injury: 11 (23% of total UOU"tain bike accidents) ,crapes, bruises, Cuts minor first aid and a_,qsistArce required bY rangers no transport required xodAkrate i'ajury.. 51 (23V of total mountain biko accidents) - Significant scrapes, bruises, sprains,- cuts, soft tissue injury, pcm-alble JEractures - significant assistance and emergency first aid retP"red by ranger ground evacuation requix7ed by 'r�err, or paralwdics Serious Or life-thmeateninq injury.- 20 (22% of total mountain bike accidents) bone fvactures, loss Of c(mr-ciousn"al se-r'our' damage to soft t:ir,r.UAV--, be tador spiral trauma and first aid recApai-red by some epargency Multi-agonoy responses or all Of the L013-ow3.ng: rangers, paramedics, fir-p-, sheriff, Police; recluirOs act -vat3LOn of county emorgency medical system (EMS) emergency qroAmd or air (lifulligfrt evacuation required) 2. 'clu�sive • t �haz&-�rdqus e Thlo Current statute, Section $31.7 of they Government Code, provides a non"clllsive list of hazardous recreational activities an well as a genera.,_ definition of banardous recr.-ational definition which states that a activitY. Tbe statute- uses a recreational activity &IhAL7 ,L_r'L r lous recreatic3nal activity means a c�naut+ed on property of a public entity -4h:Lc!h l. Tho subutant-3-a to a partiCipant Gr a spe rink of injury otiator statute goes on to list orcuific ax-tivities. recreational This bill seeks t.0 add to the list Of hazaraoua- tute ..tivities, rountaim bicycling and pa-Vagliding- The st hang DIXPa,dy liat�z bit--ye- -a rac a. *I inct, and SPOrt parachutimg and ' gliding. (more) VO 'd f 9164414925 HE I N NOAC K & CPRHFC F-290 T-s-69 P-05 AUG 21 '95 16:11 nrt3 job (CU=e 0n) Page 1 ,TVM CL1USTVE r4ATME Up TB8 AAZAIMons REC3t1aAT'I0KAL ,Am3cvTT,hs IT T iq= IDS THIS SILL N MED? � � et has Hart While this bila. intends to limit thy. � lability of public entities -tQr mountain biking and pa.raglidingg, the sponsor reports that no action has been brought against the district for injuries caused by these twa activitles. WHY 15 TMS BT'T,L XMME l Ty no ACTION SA5 SEAM BRCl RMT By ANY 7 4. C_.TM ue tt+�'r�tc'-XS of sla 1, rn` a o} ion e Consumer They of California (C,AOC) has an M eletedcss ion. The ask that mountain kilo q" b amerAedn posit Y that mountain from the of hazardous activi.tles, a.rguimg biking is a family activity which include children. ' _Roads does not ude 1Q�xile bill states thways, roadways,ountain c3 or sid walks the xi,�ing a bicycle ran o roVision to !IN-;ludo publfcl.y ccn sittee may Irish to exxi that P e *could haver fire xOa*s intained roads as well. This Zang ag and rather fun-paved roads that area publicly maintained and used fo-r vountain biking and other activities. Gn july 7 of this year the 0 xttea paused AS 867 and AB 1461 that allow a county to charge a search or rescue ftx-- of up to gupp Cort; Assn. of ali.for%s'ii.a Water Age:nci.eeSX Greenbelt AllienoQ; Rom'5; Leaque of California Cities; County of Santa Clara; Assn. for California Tart. Reform; East Day Murinipaal utility nistrict; City Or victarr,rril.l.�s; California Business Properties Assn. California State Assn. of C~ounti ss; County of San ][�ateca opposition: Consumsj7 Attorneys Of california prjor ialationa Norte Krxiam 5Q'd V9*I HOU 56-je-� Midpeninsula Regional Open Space District accident statistics: 1995 (thru July 31) Total number of reported visitor accidents: 39 Reported mountain bike accidents: 25 (64% of total thru July 31) Ranger staff reports that there are a high number of very minor injury accidents that do not generate a written report. The typical example is a scraped knee or elbow that the ranger witnesses in the parking lot as the visitor is departing. These require no response and no report. Mountain bicycle accidents requiring a written report generally fail into the following categories: Minor injury: 9 (36% of total reported mountain bike accidents) - scrapes, bruises, cuts - minor first aid and assistance required by rangers - no transport required Moderate injury: 10 (40%of total reported mountain bike accidents) - significant scrapes, bruises, sprains, cuts, soft tissue injury, possible fractures - significant assistance and emergency first aid required by ranger and other public safety depts. - ground transport by paramedics Serious or life-threatening injury: . 6 (24%of total reported mountain bike accidents) - bone fractures, loss of consciousness, serious damage to soft tissue,head or spinal trauma - emergency multi-agency response and first aid required by some or all of the following: rangers, paramedics, fire, sheriff, police, requires activation of county emergency medical system EMS - emergency ground or helicopter evacuation required c\I mcs\Iegis\state\ab700\ab700-6 Environmental Services Agency BOARD OF SUPERVISORS Parks and Recreation Division RUBEN BARRALES MARY GRIFFIN TOM HUENING TED LEMPERT MICHAEL D. NEVIN CCOUNTY OF BAN MAMPEO PATRICK H.SANCHEZ ---.LJLjL DIRECTOR 590 HAMILTON STREET, 4TH FLOOR REDWOOD CITY CALIFORNIA 94063 (415)363-4020 FAX (415) 599-1721 August 16, 1995 The Honorable Charles Calderon Chair, Senate Committee on Judiciary Room 4039, State Capitol P.O. Box 942848 Sacramento, CA 94248-0001 RE: Assembly Bill 700 (Cuneen) Dear Senator Calderon: I am writing to express my strong support for A13700, introduced by Assembly Member Jim Cuneen, which will add mountain bicycling and paragliding to the list of hazardous recreational activities it the California Government Code. The use of mountain bicycles on park and open space lands has increased dramatically in the last few years. Due to the speed that these bicycles can attain and the rough terrain found in the trails, it's clear that this activity is inherently hazardous. This is illustrated by the resulting increase in the incidence of solo-bicycle accidents, many of which require emergency response and medical evacuation. Paragliding is a sport similar to hang gliding, except that the rider is descending on a parachute instead of a glider. paragliding is increasing in use and is allowed by permit in a number of parks and open space districts. Hang-gliding is already designated as hazardous activity in the California Government Code, and paragliding is considered a class-3 form of hang gliding. It is a logical step to add paragliding to this list. The proposed legislation would amend section 831.7 of the California Government Code to designate both mountain bicycling and paragliding as hazardous activities, thus helping to reduce a park or open space agency's liability for injury to participants in either of these activities. There are a number of recreational activities already identified in this section of the California Government Code as inherently hazardous, including water activities, animal riding, hang gliding, rock climbing, and tree climbing, to name just a few. To make this code section as comprehensive and complete as possible, it is important to provide further liability protection for agencies which allow these activities on public lands. This does not remove the liability of a public agency which would otherwise exist if the entity fails to guard against or warn of a dangerous condition, or negligence on the part of the agency. This bill is solely an update of this code section to reflect an increasing variety of activities on public lands. I urge you to support AB700 when it comes before the Senate Judiciary Committee on August 22, 1995. ,R&4pectfully, ,Z�l at rick i c ilH'.�an c h e�z, . ector Parks and Recreation County of San Mateo PHS:sa cc: 1-/ L. Craig Britton, MPROSD Members, Senate Judiciary Committee va 6 T 90 I urge you to support AB700 when it comes before the Senate Judiciary Committee on August 22, 1995. Respectfully, Latric�Ha ctor Parks and Recreation County of San Mateo PHS:sa cc: L. Craig Britton, MPROSD Members, Senate Judiciary Committee IM 61 Jnd _..sue.- DEPART'NfENT OF PARKS, OPEN SPACE & CULTURAL SERVICES August 17, 1995 The Honorable Charles Calderon Chair, Senate Committee on Judiciary Room 4039 State Capitol P.O. Box 942848 Sacramento,CA 94248-0001 Senator Dear Calderon,e S or Cal ro , The Marin County Open Space District supports AB700,introduced by Assembly Member Jim Cuneen,which will add mountain bicycling and paragliding to the list of hazardous recreational activities described in section f 831.7 3 o the California Government Code. As you are aware, section 831.7 of the California Government Code provides limited Protection from liability for public agencies, such as the Open Space aceDist Di strict, which permit recreational activities on their lands. The proposed legislation would incorporate mountain bicycling and paragliding into a list of hazardous recreational activities which currently include horseback riding,boating, skiing and hang gliding. Public agencies are not exempted, however, from liability resulting from negligence or failure to guard or warn of a dangerous condition. We urge you to support AB700 when it comes before the Senate Judiciary Committee. Sincerely, Frances M. Brigmann, General Manager cc: L. Craig Britton Members, Senate Judiciary Committee Administration Room 417 •Marin County Civic Center • 3501 Civic Center Drive San Rafael, CA 94903 (415) 499-6387 • Fax (415) 499-3795 Field Office 415 499-6405 • Fax 415 499-7192 TDD (415)499-6368 AUG 19 1995 SACRAMENTO ADDRESS COMMIT-TEES STATE CAPITOL. SACRAMENTO CA 95814 1/yyytttBanking and Finance (916)445-1616 FAX)916j 324-6860 Televising the Assembly TRANSPORTATION COMMITTEE Water,Parks&Wildlife STATE CAPITOL V.Jalifornin ',1417 esislature Select Committee on Prison SACRAMENTO CA 95814 Operations (916)445-7278 Assembly Democratic PAY(9161 445-6392 RICHARD KATZ Economic Prospenty Team DISTRICT ADDRESS 9140 VAN NUYS Fit VD SUITE 109 ASSEMBLYMAN,THIRTY-NINTH DISTRICT PANORAMA CITY,CA 91402 (818)894-3671 CHAIRMAN, ASSEMBLY TRANSPORTATION COMMIT-TEE FAX(81 N 894 46 72 August 15, 1995 Mr. L. Craig Britton Midpeninsula Reg. Open Spc . 330 Distel Circle Los Altos, CA 94022 Dear Mr. Britton: The Environmental Enhancement Mitigation and Demonstration Program (EEMDP) has provided, through FY 1994-95, $50 million from Proposition 111 State Highway Account revenues for grants to public and non-profit agencies for urban reforestation, resource land acquisition, and roadside recreational projects . The Governor' s budget for FY 1995-96 reduced funding for the EEMDP from $10 million to $5 million, and transferred that money to the Habitat Conservation Fund to be used exclusively for habitat acquisition as required by another initiative, Proposition 117, the California Wildlife Protection Act . This smoke-and-mirrors shift of funds left $0 . 00 for the EEMDP program for FY 1995-96 . In an even more devastating attack on the EEMDP, the Governor and Caltrans decided to eliminate all funding for the program after FY 1995-96, even though it is law! I 'm happy to report that I was able to change the Governor' s position on the EEMDP through the long state budget negotiations this year. The Governor agreed to restore $5 million to the EEMDP for this year, providing $3 million in the south state and $2 million to the north for urban reforestation and roadside recreational projects . The California Transportation Commission (CTC) will adopt the EEMDP for 1995-96 shortly including this $5 million augmentation. And I obtained a commitment of funding for the EEMDP of at least $5 million annually over the next seven years . Printed on Recycled Paper August 15, 1995 Page 2 But with the changing political situation in Sacramento, it will be necessary to aggressively protect these funds . Your help will be needed to continue the EEMDP. Please be sure to let the CTC, your local legislators and the Governor know how important the EEMDP projects are to the community. Sincerely, R I CHARD KAT Z 39th Assembly District RK j s i �I II Sl ATFtAPITOL �y# yy .ty. ^✓ 'j(�} �y'�y - (T COMM II TFF`_- `_SAC RAMEN O t A 95814 a tifo i t l tat ' `�(r� r -a r- VICE CHAIR. 91611145 6/27 REVENUE&TAXATION _ EDLICATION 373 FIP ,T ST-REST Sk.�r. BUDGE] &Fl,( AL L)I FF 100 „ „ REVIEW 9'1022 `' x 41 5,144 4`,40 1 SENATOR TOM CAMPBELL August 16, 1995 Mr. L. Craig Britton er General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Britton: Thank you very much for sharing your views concerning AB 1929 . I wanted to provide you with an update on this measure and let you know my own feelings . AB 1929 recently passed the Senate Housing and Land Use Committee and the Appropriations Committee. It is now pending on the floor of the Senate. I voted for this bill in committee. e on this matter. Thanks eye-to-eye I am pleased that we see y y again for taking the time to write. It' s helpful for me to know what you are thinking. Sincerely yours, Tom Campbell TC : jg Printed on Recycled Paper R (� F bJ Vie' Open Space ------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Cheryl Solomon August 21, 1995 Docent Coordinator (415)691-1200 To Lead A "Habitat Hike" or "Pond Prowl , " Become An Outdoor Education Leader! Los Altos, CA -- If you enjoy working with children,and have some time available on weekdays, this may be the volunteer opportunity you've been waiting for! As an Outdoor Education Leader with the Midpeninsula Regional Open Space District, you will spend the day hiking, interpreting nature, and leading educational games and activities with small groups of students. It's all part of Spaces and Species: Exploring Natural Communities, the District's new environmental education program. Guided by the Outdoor Education Leaders, this fun and exciting program will initially be offered to 4th- through 6th-grade school children. Their four-hour field trips to regional open space will include a "Habitat Hike" through oak woodland, chaparral, and grasslands as well as a "Pond Prowl" in which the children will explore, in depth, a freshwater pond community. If being an Outdoor Education Leader sounds like fun to you, please join us for an informational meeting on Wednesday, September 27, from 9:30 am -noon at the David Daniels Nature Center at Skyline Ridge Open Space Preserve. This meeting will provide an overview of the curriculum and what volunteers can expect to experience as Outdoor Education Leaders. General information about the District will also be covered and refreshments will be served. Outdoor Education Leader training sessions will take place on Wednesdays from 9:30 am -2:00 pm beginning October 11 and lasting through December 13. (No class is planned for November 22.) This comprehensive, hands-on training program will thoroughly prepare you to enhance students awareness, understanding, and appreciation for themselves, each other, and the natural world around them. (more) 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@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 Please call Cheryl Solomon, Docent Coordinator, at(415) 691-1200 to register for the September 27 informational meeting or the Wednesday training sessions, October 11 through December 13. 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 40,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat,watershed,and a variety of ecosystems, restores damaged natural resources, and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m.,at the District offices. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager w. DATE: August 18, 1995 SUBJECT: FYI 330 Distel Circle Los Altos,CA 94022-1404 * Phone:415-69"1-1200 4 FAX:415-691-0485 E-mail: mrosd@netcom.con'i Board of Directors:Pete Siemens,Mary C.Davey, teen,3 I lenshaw,Ginny Babbitt,Nonette I ianko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton k' Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 17, 1995 The Honorable Charles Calderon Chair, Senate Committee on Judiciary Room 4039, State Capitol P.O. Box 942848 Sacramento, CA 94248-0001 RE: Assembly Bill 700 (Cunneen) Dear Senator Calderon: The Consumer Attorneys of California(CAOC) have expressed concern with some aspects of AB700 which I would like to address. The CAOC argues that the other activities listed in Section 831.7 of the California Government Code involve serious risk, and that mountain bicycling is not comparable. However, that argument neglects a great number of activities also listed in that code section: animal riding (including equestrian competition), tree climbing, bicycle racing or jumping, boating, skiing, surfing, trampolining, tree rope swinging, water skiing, and wind surfing. Mountain biking is clearly very consistent with the recreational activities already listed, and has an equal if not greater inherent risk than most of them. Following are statistics from the 91 mountain bicycle accidents on Midpeninsula Regional Open Space District land for the years 1993 and 1994 that illustrate the experienced risk of mountain bicycling: Minor injury: 21 (23%of total mountain bike accidents) - scrapes, bruises, cuts; - minor first aid and assistance required by rangers; - no transport required. Moderate injury: 50 (55% of total mountain bike accidents) - significant scrapes, bruises, sprains, cuts, soft tissue injury, possible fractures; - significant assistance and emergency first aid required by ranger; - ground evacuation required by rangers or paramedics. Serious or life-threatening injury: 20 (22% of total mountain bike accidents) - bone fractures, loss of consciousness, serious damage to soft tissue, head or spinal trauma; - emergency multi-agency response and first aid required by some or all of the following: rangers, paramedics, fire, sheriff, police; - requires activation of county emergency medical system (EMS); - emergency ground or air(Lifeflight) evacuation required 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton August 17, 1995 Senator Charles Calderon Page -2- Another argument made by the CAOC is that mountain biking is a family activity often involving children, and that none of the other listed activities include those that are common for children. A review of the activities listed above, particularly tree climbing, rope swinging, skiing, boating, etc., makes it obvious that the code section is literally filled with family activities. In any case, the fact that it may or may not be a family activity has no bearing on the inherent hazard of the activity, or on the aspect of public liability. The arguments made by the CAOC are not consistent with the facts, based on District experience. It is obvious that mountain biking is an inherently hazardous activity, is comparable to and consistent with the other activities already listed and should be included in order to modernize this code section to reflect the increasing variety of activities on public,lands. Mountain bicycling is central to this bill, and if it is amended to exclude this activity, the bill will not have the intended result. I urge you to support AB700 when it comes before you in the Senate Judiciary Committee on August 22. Please feel free t call o me if you would like additional input on this is sue, or if you would g Y p � like clarification on any aspect of AB700. Sincerely„ L. w ritton General Manager LCB/mcs cc: Members, Senate Judiciary Committee Assemblyman Jim Cunneen Ralph Heim Board of Directors, MROSD Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 17, 1995 Board of Directors Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Re; Cooperative Planning for Recreational Trail and Parking, Lexington Dam and Reservoir Dear Members of the Board: I'd like to express appreciation on behalf of the Directors of the Open Space District for the positive approach the Water District has taken in working with other agencies to maintain improverecreational facilities in conjunction with the project to increase the height of the and P J g J Lexington dam. We understand that the SCVWD Board has authorized their staff to cooperate with staff from the Town of Los Gatos and Santa Clara County Parks to jointly study, plan, and implement improved trail connections to traverse the dam face and cross the top of the dam. We understand that consideration will also be given to adding more parking. Lexington Dam and Reservoir are a crossroads for the tremendously popular Los Gatos Creek Trail, extending from downtown San Jose to the reservoir, and an existing and planned system of backcountry trails connecting Open Space District, County parks, and State parks lands. The dam will ultimately be a key link in the regional Bay Area Ridge Trail. Agencies in the nine Bay Area Counties have invested many years to make this' around-the-Bay trail a reality. We recognize that water supply and flood control are your District's primary missions, but we're glad to see your willingness to support recreational interests. Our respective constituents will enjoy and benefit from these improved trail connections. Sincerely, Pete Siemens, President Board of Directors PS/dw cc: MROSD Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 E-mail: mrosd®netcom.com ft� Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig;Britton Open Space ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 16, 1995 Mr. John H. Germer 1791 Mount Vernon Drive San Jose, CA 95125-5553 Dear Mr. Germer: Thank you for your July 26, 1995 letter suggesting that a bench be installed at the top of Hunters' Point. We agree that Hunters Point is a wonderful destination to enjoy sweeping views of Santa Clara Valley to the east and the Santa Cruz Mountains to the west. In the past, we have considered putting a bench on top of the knoll, but have chosen not to because we thought it might encourage illegal night time activities on the preserve. Because of the preserve's close proximity to residential areas, our rangers often respond to night time use after the preserve is closed. We do appreciate your suggestion and will consider it further during the District's use and management planning process for Fremont Older Open Space Preserve. Thank you for your interest in the District. We hope you continue to enjoy your evening walks on the preserve. Sincerely, L. fitton_�� General Manager LCB/dw cc: MROSD Board of Directors 330 Distel Circle * Los Altos, CA 94022-1404 0 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 John H. Germer 1791 Mount Vernon Drive San Jose, CA 95125-5553 (408) 269-2137 33u C I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 15, 1995 This letter also sent to: Honorable Henry Mello Honorable Alfred Alquist Honorable Tom Campbell Room 5100, State Capitol Honorable John Vasconcellos Honorable Byron Sher P.O. Box 942848 Sacramento, CA 94248-0001 Honorable Jim Cunneen Subject: AB 1929 Dear Senator Alquist : On behalf of the Midpeninsula Regional Open Space District, I 'm writing to request your support for Assembly Bill 1929 (Sweeney) . This bill clarifies the ability of local governments to enter into joint agreements to address open space issues in unincorporated areas where there is overlapping jurisdiction. The District feels that this is an important and overdue action. This bill is written in the interest of streamlining and making more logical the planning and permit process , while providing the clear authority for local governments to form the associations necessary for effective regional planning. Open space issues are becoming more and more crucial to regional 'planning processes throughout the state, and AB 1929 will bring a new level of efficiency to those efforts. I urge you to support AB 1929 when it comes before the full Senate . Please feel free to contact me if I can provide any II clarification or further information. Sin 4-neyl y, L. Cr Britton General Manager LCB/mcs cc : Board of Directors , MROSD Assemblyman Mike Sweeney Ralph Heim 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:415-691-1200 • FAX:415-691-0485 E-mail:mrosd@netcom.com (9 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton bJ en Space --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 14 , 1995 Identical letter sent to Senators: Tim Leslie, Cathie Wright, Honorable Charles Calderon Hilda Solis, Nicholas Petris, Member, State Senate Jack O'Connell, Henry Mello, Room 4039, State Capitol Bill Lockyer P. O. Box 942848 Sacramento, CA 94248-0001 Subject : AB700; Senate Judiciary Committee , August 22 Dear Senator Calderon: Th Midpeninsula Regional Open Space District is sponsoring a bill , AB700 (Cuneen) , which would add mountain biking and paragliding to the list of hazardous recreational activities under California Government Code Section 831 .7 . The purpose of the bill is to reduce a parks and/or open space agencies ' liability exposure for injury to participants in either of these inherently hazardous activities . This bill is currently scheduled for hearing before the Senate on August 22 , and I wanted to ensure that you are fully informed of its intent and effects . Section 831 .7 already designates a number of recreational activities as inherently hazardous , including water activities , animal riding, hang gliding, rock climbing, and tree climbing to name a few. Mountain bicycling has seen a dramatic increase in recent years , along with a resultant increase in the number of solo bicycle accidents on public lands . Paragliding, a form of hang gliding, is still relatively rare but is an allowable activity on District lands (with a permit) , as well as on other public lands . In the interest of making this code section as comprehensive and complete as possible, it is important to provide further liability protection for agencies which allow mountain biking and paragliding on public lands . This does not remove the liability of a public agency which would otherwise exist if the entity fails to guard against or warn of a dangerous condition, or negligence on the part of the agency. This 'till is solely an update of this code section to reflect the increasing variety of activities on public lands . Attached is some general information on this bill . The bill is supported by the Santa Clara and San Mateo County Parks departments , the Marin County Open Space District, the City of Oakland Parks Department , Greenbelt Alliance, California Park and Recreation Society, Bay Area Open Space Council , and a local mountain bike advocacy group, Responsible Organized Mountain Pedalers (ROMP) . AB700 passed through the Assembly Judiciary Committee by a vote of 12 - 0 , and the Assembly floor by a vote of 72-0 . 330 Distel Circle • Los Altos, CA 94022-1-104 • Phone: 415-691-1200 • FAX:415-691-0485 • E-mail:nirosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C Davey, Teena t renshaw,Ginny Babbitt, Nonette I lanko,Betsy Crowder,Wim de Wit General Afjrrjger:L,Craig Britton August 14 , 1995 Page -2- Some have argued that there already exists in the California Government Code an adequate level of liability protection for this activity. While it ' s true that there are other sections Providing some level of protection for public agencies, it is our strong feeling that an additional layer of protection will be added by this 'bill . In addition, it is logical that mountain biking and paragliding should have the same level of liability protection as tree climbing, rock climbing, skiing, windsurfing, animal tiding, and the many other activities already listed in Section 831 . 7 . I urge you to support this bill when it comesl before the Senate Judiciary Committee on August 22. If you have any questions or need clarification on any aspect of AB700, please feel free to contact me, Craig Britton, or Malcolm Smith of our office at (415) 691-1200 . Thank you for your consideration of AB700 as an avenue for maximizing public agency immunities . Sincerely, Pete Siemens President, Board of Directors PS/mcs cc : MROSD Board of Directors Ralph Heim Overview of AB700 - Support Section 831.7 of the California Government Code lists a number of recreational activities as inherently hazardous (see list below), thus affording public agencies some measure of protection from liability. The proposed legislation, AB700, would add paragliding and mountain bicycling as hazardous activities to that same section of the California Government Code. The use of mountain bicycles on park and open space lands has increased dramatically in the last few years. Due to the potential and actual speed of these bicycles,the regularity of solo-bicycle accidents (many requiring emergency response and medical evacuation), and the desire by many riders to achieve a high speed on very steep trails, this is an inherently dangerous activity. Paragliding is a sport similar to hang-gliding, except that the rider is descending on a parachute instead of a glider. In fact, paragliding is acknowledged as a Class 3 hang-gliding activity. Hang-gliding and paragliding are allowed by permit at one District preserve. Other parks and open space districts allow hang-gliding and paragliding by permit at various locations. Hang-gliding is already designated as a hazardous activity in the California Government Code. The proposed legislation would amend section 831.7 of the California Government Code to include both mountain bicycling and paragliding as hazardous activities, thus helping to reduce a park or open space agency's liability for injury to participants in either of these inherently hazardous activities. A respected and politically active bicycle organization called Responsible Organized Mountain Pedalers (ROMP) has gone on record in support of this bill (see attached letter). Other agencies expressing support include the Santa Clara and San Mateo County Parks Departments, the Greenbelt Alliance, and the Bay Area Open Space Council. This bill does not remove the liability of a public agency which would otherwise exist if the entity fails to guard against or warn of a dangerous condition, or negligence on the part of the agency. AB700 is solely an update of this code section to reflect the increasing variety of recreational activities on public lands. The argument has been made against AB700 that the other activities listed in Section 831.7 of the California Government Code involve serious risk, and that mountain bicycling is not comparable. However, that argument neglects a great number of activities also listed in that code section: animal riding including equestrian competition, tree climbing, bicycle racing or jumping, boating, skiing, surfing, trampolining, tree rope swinging, water skiing, and wind surfing. Mountain biking is clearly very consistent with the recreational activities already listed, and has an equal if not greater inherent risk than most of them. i An additional argument noted against AB700 is that mountain biking is a family activity often involving children, and that none of the other listed activities include those that are common for children. A review of the activities listed above, particularly tree climbing, rope swinging, skiing, boating, etc., makes it obvious that the code section is filled with family activities. In any case, the fact that it may or may not be a family activity has no bearing on the inherent hazard of the activity, or on any aspect of public liability. It is obvious that mountain biking is at least as "inherently hazardous" an activity as many of those already listed in the code, is comparable to and consistent with the other activities listed, and should be included in order to update this code section to reflect the increasing variety of recreational activities on public lands (see list below). Some have made the argument that if mountain biking is included in this section, it will open the door to some public agencies restricting or banning mountain bikes, on the basis that it is designated in the Government Code as inherently hazardous. In fact, it is the absence of additional liability protection that some agencies may see as cause for further restricting mountain bike usage on public lands. In addition, it seems that it would be difficult for an agency to prohibit mountain biking on that basis alone without also prohibiting the other activities listed, including animal riding,tree and rock climbing, rope swinging, etc. The added protection from liability is actually an argument for continuing access for mountain bicycles, in that the public entity has an increased level of protection from liability for that activity. Without this additional liability protection, some agencies may choose to close areas to mountain bicycling because of the increasing mountain bike usage and the associated rise in accident rates, while other agencies may choose not to allow mountain bikes on new trails. AB700 will give public agencies the same level of liability protection as provided for other recreational uses on public land, and will further the ability of public agencies to provide for multiple use on public trails. Recreational activities currently listed in California Government Code Section 831.7 Water activities Hang-gliding Sky diving Diving from other than a Kayaking Sport parachuting diving board or platform Motorized vehicle racing Surfing Animal riding Off-road motorcycling or Trampolining Archery four wheel driving Tree climbing Bicycle racing or jumping Orienteering Tree rope swinging Boating Pistol or rifle shooting Water skiing Body contact sports Rock climbing White water rafting Cross-country and downhill Rocketeering Wind surfing skiing Rodeo Equestrian competition Spelunking i Midpeninsula Regional Open Space District accident statistics: 1993 - 1994 Total number of reported visitor accidents in 1993: 68 Reported mountain bike accidents in 1993: 44 (65% of 1993 total) Total number of reported visitor accidents in 1994: 72 Reported mountain bike accidents in 1994: 47 (67% of 1994 total) Ranger staff reports that there are a high number of very minor injury accidents that do not generate a written report. The typical example is a scraped knee or elbow that the ranger witnesses in the parking lot as the visitor is departing. These require no response and no report. Mountain bicycle accidents requiring a written report generally fall into the following categories (1993 and 1994 combined): Minor injury: 21 (23% of total mountain bike accidents) - scrapes, bruises, cuts - minor first aid and assistance required by rangers - no transport required Moderate injury: 51 (55% of total mountain bike accidents) - significant scrapes,bruises, sprains, cuts, soft tissue injury, possible fractures - significant assistance and emergency first aid required by ranger - ground evacuation required by rangers or paramedics Serious or life-threatening injury: 20 (22% of total mountain bike accidents) - bone fractures, loss of consciousness, serious damage to soft tissue, head or spinal trauma - emergency multi-agency response and first aid required by some or all of the following: rangers, paramedics, fire, sheriff, police; requires activation of county emergency medical system(EMS) - emergency ground or air(Lifeflight)evacuation required Dpen Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 14 , 1995 Honorable Tom Campbell Member , California State Senate State Capitol, Room 4032 P.O. Box 942848 Sacramento, CA 94248-0001 Subject: AB700; Senate Judiciary Committee , August 22 Dear Senator Campbell : You may recall our May 16 letter to you regarding AB700 (Cuneen) , which would add mountain biking and paragliding to the list of inherently hazardous recreational activities under California Government Code Section 831 .7 . This bill is currently scheduled for a hearing in the Senate Judiciary Committee on August 22. This bill would reduce a parks and/or open space agency' s liability exposure for injury to participants in either of these activities . Attached is some additional background on this issue . Section 831 .7 already designates a number of recreational activities as hazardous, including animal riding, hang gliding, rock climbing, and tree climbing to name a few. Mountain bicycling has seen a dramatic increase in recent years , along with a resultant increase in the number of solo bicycle accidents on public lands . Paragliding, a form of hang gliding, is an allowable activity on District lands (with a permit) , as well as on other public lands . To make this code section as comprehensive and complete as possible , it is important to provide maximum liability protection for agencies which allow these activities on public lands . This does not remove the liability which would otherwise exist if the public entity fails to guard against or warn of a dangerous condition, or negligence on the part of the agency. This bill is j merely an update of this code section to reflect the increasing variety of activities on public lands . The bill is supported by the California Park and Recreation Society, Santa Clara and San Mateo County Parks departments , the Marin County Open Space District, the City of Oakland Parks Department, Greenbelt Alliance, Bay Area Open Space Council , and a bay area mountain bike advocacy group, Responsible Organized Mountain Pedalers (ROMP) . AB700 passed the Assembly Judiciary Committee by a vote of 12 - 0 , and the Assembly floor by a vote of 72-0 . I I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton August 14 , 1995 Honorable Tom Campbell Page -2- The argument has been made that there already exists in the California Government Code an adequate level of liability protection for this activity. While it ' s true there are other sections providing some level of protection for public agencies , it is our feeling that an additional layer of protection will be added by this bill . In addition, it is logical that mountain biking and paragliding should have the same level of liability protection as tree climbing, rock climbing, skiing, windsurfing, animal riding, and the many other activities already listed in Section 831 .7 . I urge you to support this bill when it comes before the Senate Judiciary Committee on August 22 . If you need clarification on any aspect of AB700, please feel free to contact me, Craig Britton, or Malcolm Smith of our office at (415) 691-1200. Thank you for your continuing support of open space and the environment. Sincerely, Pete Siemens President, Board of Directors PS/mcs cc: MROSD Board of Directors Ralph Heim SUNRISE W 1 N E R Y LABOR DAY WEEKEND Saturday, Sunday &Monday September 2,3 &4, 1995 11:00 a.m.to 4:00 p.m. NEW RELEASES gNL��1- N�'AYS CABERNET SAUVIGNONS JAZZ BY PETER SPITZER�FRIENDS Regular .. Saturday, 11 a.m.until 3 p.m.,except holidays. 0. Sunrise Winery is located on the .open Space Preserve which is owned by the Midpeninsula Region.al Open Space District. CITY OF SUNNYVALE PLANNING COMMISSION AGENDA Monday, August 14, 1995 The next regularly scheduled meetings of the Sunnyvale Planning Commission will be held in City Hall, 456 West Olive Avenue, Sunnyvale as follows: 1. STUDY SESSION - 7:00 p.m. - West Conference Room A. Midpeninsula Regional Open Space District overview/slide presentation B. Albert & Maria Risy (Carroll Street Villas): Application for related proposals for property located at 134-144 Carroll Street in the Downtown Specific Plan- Subdistrict 4 (DSP-4) Zoning District. (APN #209-05-035) FB 8590 - Application for a Special Development Permit, site and architectural plans to allow the development of 8 unit condominium units. 8591 - Application for a Tentative Map to allow the subdivision of the project site into eight condominium lots. C. Recap of July 31, 1995 Field Trip D. CITIZENS TO BE HEARD The Planning Commission may receive and respond to citizen comments and inquiries. However, if formal Commission action is requested, State law may require formal action be deferred to a later meeting to allow public notice. E. ORAL COMMUNICATIONS Planning Commission Staff F. ADJOURNMENT If meeting extends past 10:00 p.m. Chairman may declare a short recess II. PUBLIC HEARING - 8:00 p.m. - Council Chambers CANCELLED Pursuant to the Americans with disabilities Act, the City of Sunnyvale will make reasonable efforts to with qualified disabilities. If you require special accommodation lease contact the accommodate persons th qu ed y q pe , p Planning Division at (408) 730-7440 at least five days in advance of this hearing. PUG. 11. 1995 5:12PM P 1 FROM City of Monte Serene pl}-' NO. 40e 395 7653 CITY OF MONTE SERENO TUF-SDAY,AUGUST 15, 1995 7:30 PAL CITY COUNCIL REGULAR MEETING AGENDA PACKET MAIERIAU 1. MEETING CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. ORAL COMMUNICATIONS,FROM THE PUBLIC (This portion of the meeting is reserved for pawns wishing to address the Council on any matter not on the agenda. The City Council reserves the right to limit the speaker's time. Statements requiring a response will be referred to staff for further action. The law does not permit Council action or discussion of an item not On the agenda except under special circunnstances.) 5. WRITTEN COMMUNICATIONS 6. PUBLIC HEARINGS a. Consideration of the Application for Variances from the Pool Setback Regulations on A the Property Located at 19490 Withey Road -Applicant Gary R. Whicker. b- Consideration of Proposed Resolution No. 1647 ADOPTING AN APPROPRIATIONS B LIMIT FOR THE 1995-1996 FISCAL YEAR., 7. NEW RUSINLSS a- Presentation by Midpeninsula Regional Open Space District C b. Zc��for Significant Tree Removal Via Lomita(APN 410-422-0 19)Steve Lewis D C. Illegal Tree Removal- 16035 Greenwood Road. E d. Capital Budget Modification- Storm Drains F c- Revised Animal Services Agreement(Held over to the meeting of September 5, 1995), G f Authorization to Contract with public Sector Personnel Consultant S. CONSENT CALENDAR(it is recommended that all items I istod be acted on sinnuhmeously unless separate discussion and/or actim is required by aL Councilmember or a meftitw of the audience.) a. Approval of Minutes of the Meetings of 8-1-95and S-8-95, H b. Approval of Warrant List C. Approval of Treasurer's Report for July 1995 d. Approval of Financial Report for the Month of July K e. 'Adoption of Proposed Resolution No. 1648 GRANTING VARIANCES ON THE L PROPERTY LOCATES)AT 15881 PALOS VERDES DRIVE-ROUSSEY f Approval of proposed Resolution No. 1649 DISCHAPGING CASH BOND M CONCERNTNG A DEMOLITION AGREEMENT BETWEEN THE CITY OF MONTE SERENO AND ROBERT C.DOBKIN AND KATHLEEN C. D019KIN (LANDS OF JACKSON-DOBKIN) 9. Approval of Proposed Resolution No. 1650 AUTHORIZING PROVISIONAL N SALARY ADJUSTlyfENTS In GMOi&—with the A-crk4m whh 1)kahjjk*$Ad,ifyou need special sesistkaft DD participate C -masonstac INTSWmem 10 crum woessibility to this mftd.& (403)354-7535. Notitication 48 hours pfi_to ft Ineeling will cnabk ft City 10 makr Pat iP in this 1110dinS.Pk=cmam the City ;at j29CFR 35j 02-35.104 ADA TKO Ul RO' OG� o Zi 47 �' TOWN OF PORTOLA VALLEY C�CIF0S 765 Portola Road, Portola Valley, CA. SPECIAL TOWN COUNCIL MEETING -CLOSED SESSION August 10. 1995-7:50 p.m.-Town Hall Conference Room Conference with Legal Counsel-Existing Litigation (one case) Howard T. Slayen v. Town of Portola Valley Government Code Subdivision (a) of Section 54956.9 REGULAR TOWN COUNCIL MEETING NO.443 August 10. 1995-8 a.m.-Room 6 AGENDA ROLL CALL ORAL COMMUNICATIONS Oral Presentation -Activities Update by MROSD CONSENT AGENDA All items on the consent agenda are approved by one roll call motion unless a request is made that an item be transferred to the regular agenda for separate discussion. Any items on the regular agenda may be transferred to the consent agenda. (1) Warrant List, September 1995 (2) Minutes of July 26, 1995 (3) Ratification of Change Orders#1 and#2 - 1995-96 Street Resurfacing Project (4) Planner Request for Authorizations: Design Standards Rereview and Base Map Updating. (5) Extension of Second Unit Amnesty Program (6) Resolution Approving Execution of Agreement with Thomas Reid Associates for Preparation of EIR; Woodside Priory Subdivision (7) Resolution Approving Execution of Agreement with Benedictine Fathers of the Woodside Priory, Inc. Relating to EIR Processing on Subdivision Application REGULAR AGENDA (1) Continued Public Hearing: Appeal By Michael Reich of the Planning Commission/Board of Adjustment Decision to Approve ASCC Decision Regarding Woodside Priory Water Well Project (2) Public Hearing; Consideration of Ordinance Further Extending Ordinance No. 1994-280- An Urgency Interim Ordinance Prohibiting Certain Subdivision Applications. (3) Consideration of Trail Placement at Russell Property, 200 Nathhorst (4) Consideration of Policy re Occupancy for Low Income Housing (5) Action as a Result of Closed Session STAFF. COUNCIL, COMMITTEE REPORTS AND RECOMMENDATIONS 1. Proposed Letter to Anna Eshoo re Cable Legislation WRITTEN COMMUNICATIONS ADJOURNMENT win:tcagenda.doc Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Identical letter sent to: August 10, 1995 Hon. Jim Cunneen Hon. Byron Sher Hon. Tom Campbell Honorable Ruben Barrales Member, San Mateo County Board of Supervisors 590 Hamilton Street, 4th Floor Redwood City, CA 94063 Dear Supervisor Barrales: On behalf of the Midpeninsula Regional Open Space District, as well as the thousands of visitors to the Districts open space lands, I'd like to thank you for supporting the funding request for the cleanup project at El Corte de Madera Creek Open Space Preserve. I'm happy to inform you that the project has been approved by the Integrated Waste Management Board. The Board will manage cleanup of the site, and the San Mateo County Environmental Health Division has agreed to dispose of the hazardous wastes. Your support no doubt had a great influence on the selection of this project for funding. Thank you again for writing on our behalf, and for your continuing support of the District and its programs. Sincerely, Pete Siemens President, Board of Directors PS/mcs cc: MROSD Board of Directors I - - - - • 330 Distel Circle Los Altos, A 4 14 4 Phone::41 1 1 FAX:41 t 4 C c o , C 9 022 0 o e 5 69 200 A 5 69 0 85 Email:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Open Space I--................. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith August 10, 1995 Public Affairs Manager (415) 691-1200 Open Space District Acquires 1 , 465 - Acre Rancho de Guadalupe Los Altos, CA -- The Midpeninsula Regional Open Space District has purchased the 1,465-acre Rancho de Guadalupe property, located off of Hicks Road east of the Town of Los Gatos. This is a very significant acquisition, especially in light of the threat of large-scale private development of the property. The parcel, which has been added to the Sierra Azul Open Space Preserve, was purchased for $6,750,000. Rancho de Guadalupe is most important in terms of wildlife habitat preservation,protection of scenic resources, and potential for low-intensity outdoor recreation. The property boasts a three-acre man-made lake, expansive grasslands, mixed-oak woodlands, creeks, waterfalls, and rugged hillsides. Mount El Sombroso, at an elevation of 3,000 feet, is near the southern boundary of the property and affords a panoramic view of the area. The Bay Area Ridge Trail alignment also passes through the upper reaches of the property. "This property only became available to the District in the last year," said Craig Britton, the District's general manager. "Up until then, it was priced to reflect the potential to build a huge complex, possibly including a hotel, golf course, conference center, and other high-intensity development. When the price came down, we were fortunately in a position to acquire the property and preserve it for low- intensity public recreation." (more) 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directom Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton F The first step in the District's planning process for the Rancho de Guadalupe property is the completion of an Interim Use and Management Plan, to take place within the next six months. This plan will provide for opening the property to public use, initially most likely on a permit basis, and will address issues related to trail use, levels of patrol and maintenance, removal or securing of potential safety hazards, possible parking areas, and signage to prevent trespass onto adjacent private lands. Within the next two years, District staff will produce a Comprehensive Use and Management Plan for the property, which will involve full public participation in the decision-making process. 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 nearly 41,000 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. J Y AU 6 00 Untal n (PC� '• r hID JJ00 %1Ak Published for the friends of Sempervirens Fund Summer 1995 The Opportunity Fund and a quick purchase forestall - logging in the Gazos The Opportunity Fund proved its k ~� ?r' value again this summer when Sem- pervirens Fund used $219,500 for a down-payment on valuable redwood Y forest land.We needed to act quickly, t- and—thanks to the Opportunity Fund —we were able to do so. t Our ownership interest enabled us ., _=>_ to prevent logging on the property. , known as the Gazos Creek Forest. This was possible thanks to your previous contributions,which built the �x $300,000 Opportunity Fund. Last month Executive Director Verl i Clausen wrote to many of our sup- porters describing our success in the Gazos, and asking for gifts to replen- ish the Opportunity Fund.The response has been positive and immediate. The Varian Foundation led the way with a grant of $25,000. One of our favorite office volunteers made her gift ,y r f , v before the letters were even taken to AL the post office. As we go to press, we have received $67,650 for the Oppor- tunity Fund—and we thank everyone who has so far contributed. Thanks to the Opportunity Fwid, we've forestalled logging along oiie of the wildest We need everyone's help to refill streams in the Santa Cruz Mountains—for stow. the Opportunity Fund. If you haven't —— already done so, use the enclosed re- Castle Rock linked with Long Ridge in a bargain sale ply slip to make your contribution today—so that together,we can seize Thanks to the generosity of Sempervirens Fund donors of twelve years the next opportunity to protect red- ago, a long-term vision of land protection, and partnership with a public wood forest lands. agency, we've just completed a conservation deal that is a three-way bargain bonanza. The deal: we've just sold the 116-acre Saratoga Gateway property to the Midpeninsula Regional Open Space District (MROSD) — and connected a the District's Long Ridge Preserve to Castle Rock State Park.The Gateway's skvline vistas, forests, and open space will be available for public hiking, biking and picnicking enjoyment later this summer. The winners:Sempervirens Fund donors,MROSD constituents,and the Santa Cruz Mountains environment. The property is a true gatewav to more than 40,000 acres of Santa please turn to page 2 I Saratoga Gateway continued from the front page Cruz Mountains parks,open space and y trails. Located at Saratoga Gap (the in- tersection of Highways 9 and 35), the parcel offers spectacular views of the �' A Santa Clara Valley and Diablo Range. Its _ "• ` '. grassy hillsides are covered with a mix ` f of live oaks,madrone and Douglas fir. Protection of these lands has long been a goal of both Sempervirens Fund ° and MROSD. In 1983, when the prop- erty was up for sale,the District lacked both jurisdiction and funding. Fortu- nately,Sempervirens Fund was able to work across jurisdictional borders and raise the funds necessary to buy the land. And did we get a bargain!The fam- ily that owned the property were Sempervirens Fund donors,and gave the Fund a partial donation of the land L in 1983.They accepted only$95,000 as o payment in full for the parcel, valued then at$285,000. e Twelve years later, in June 1995, Sempervirens Fund protected the hilly Saratoga Gateway property in a deal that was a the open space district was ready — three-way bargain. The land is covered with a mix of live oaks,madrone and Douglas fir, and we sold the Saratoga Gateway to and will be open to the public later this summer. MROSD for half of the current fair- market value.The District was able to pay its share of the purchase price en- Wildlands restoration team endorsed by foundation, tirely with a$300,000 federal Land and corporate, and state sponsors Water Conservation Fund grant. Sempervirens Fund will now use Sempervirens Fund's Wildlands of Parks and Recreation added its en- the$300,000 proceeds from the sale to Restoration Team volunteers pull dorsement with a$10,000 grant. complete funding for another parcel pampas, erase erosion, and bash Joining the 1994-95 restoration adjacent to both the Saratoga Gate- broom—so that native vegeta- program is the Chevron way and Castle Rock State Park. tion can return to previously Research and Technology If we had not acted long ago, the damaged areas.With more Company, which has cost of the property today would have than 12,000 volunteer awarded Sempervirens been six times what we paid in 1983. hours to their credit, Fund a $3,000 grant And in the intervening years,logging, team members for the Restoration homesite development, or other ac- lead the way in S E M P E R v I R E N S F U N D Team. tivities could have g P the caring for ark- ♦WILDLANDS RESTORATION ♦ And IBM preempted ON TEAM possibility of public enjoyment. lands. 'for the preservation of redwood lands" Corporation "I'm pleased to complete this long- The success of has contributed term project—which started before I the team is thanks to $1,000 to the program. joined the Fund," said Executive Di- the muscle-power of Many thanks to the rector Verl Clausen."Everything about our dedicated volunteer Dean Witter Foundation, our work respects the distant past and force — as well as generous the State of California, the invests for the distant future.Some of funding from some important Chevron Research and Technol- the forests we've protected are more restoration sponsors. ogy Company, and IBM than 2,000 years old. We've waited A longtime supporter, the Dean Corporation for their support of our twelve years to complete this land Witter Foundation has continued to energetic volunteers. n—but from a perspective take a leadership role in our restora- Together, we are playing a critical transaction p p p g g n -termprotection f of thousands of ears, twelve years lion program with a 1994 95 grant of role in the log 0 Y doesn't seem that long." $13,000. The California Department Santa Cruz Mountains parklands. 2 J -"I 96.5 FM 1260 AM August 2 , 1995 Malcolm Smith Mid-Peninsula Regional Open Space District 330 Distel Cir. Los Altos, CA 9402.2--1404 Dear Malcolm: We are pleased to notify You that we ran your public service announcement on KOIT AM & FM. The PSA was aired approximately 24 times, with a total value of $1 , 745 - 00 . We hope this community service has been of assistance to you. If your organization receives any reaction to the PSA broadcast on KNIT, please let us know in writing. egards, Vickie Jenkins News & Public Affairs Director 400 SECOND STREET SAN f RAN(15(0 (A L I F 0 R N I A 94107.1402 TEE 415.777.0965 f A X 415.896.0965 A BONNEUILE STATION 30-second PSA for KOIT Contact: Malcolm Smith Public Affairs Manager Midpeninsula Regional Open Space District (415) 691-1200 "The Midpeninsula Regional Open Space District is a public agency formed by the voters to acquire and preserve wildlife habitat, watershed, and sensitive ecosystems. Since 1972, the District has permanently preserved over 40,000 acres in the Santa Cruz Mountains, in 23 open space preserves with over 200 miles of public trails. To help in achieving its goal of open space preservation,the District seeks volunteers to participate in a variety of projects including trail work,revegetation,research,visitor counts,and many other areas. If you love the outdoors and want to help see that the environment is permanently protected, call the Open Space District at(415)691-1200." 60-second PSA for KOIT Contact: Malcolm Smith Public Affairs Manager Midpeninsula Regional Open Space District (415) 691-1200 "The Midpeninsula Regional Open Space District is a public agency formed by the voters in 1972. Its mission is to acquire and preserve open space in the Santa Cruz Mountains and on the San Francisco Bay shoreline. The District permanently protects wildlife habitat,watershed, and a variety of ecosystems,restores damaged natural resources, and provides trail improvements for low-intensity recreational use by the public. So far, the District has permanently preserved over 40,000 acres in 23 open space preserves and maintains over 200 miles of hiking, biking, and equestrian trails. The District's goals are to acquire a continuous greenbelt of protected open space lands for environmental protection and 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. To help in achieving its goal of open space preservation,the District seeks volunteers to participate in a variety of projects including trail work,revegetation,research, visitor counts, and many other areas. If you love the outdoors and want to help see that the environment is permanently protected, call the Open Space District at(415) 691-1200." i 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 FAX (408) 777-3333 itNV o Cuiilc ertino Community Development p C Department SUMMARY AGENDA NO. AGENDA DATE July 31. 1995 SUMMARY: 1-GPA-93 AND 6-EA-93 I GENERAL PLAN AMENDMENT to change the land use designation from Very Low Density Residential 5-20 acre slope density to Very Low Density Residential Foothill Modified 1/2 acre slope density with a cap of 293 units. The Diocese of San Jose applied for the above General Plan amendment. The City Council directed that a total of ten alternatives be analyzed in the Environmental Impact Report. ENVIRONMENTAL DETERMINATION: An Environmental Impact Report was prepared. Ten alternatives were evaluated. Significant impacts identified related to loss of and intrusion into open space lands; elimination of potential park lands; loss of and intrusion into natural vegetation, wildlife habitat and wetland areas; exposure to adverse geologic conditions; storm run-off erosion and pollution; wildfire hazard; visual impacts; water tank failure and leakage; and safety of school crossings. BACKGROUND: The Planning Commission held public hearings on this proposed amendment from September 1994 to July 1995. During this time, the applicant changed its preferred alternative to 192 units; the preferred alternative is enclosed (see Exhibit A). The Commission voted on its recommendation to the City Council on July 18; the resolutions for the Environmental Impact Report (EIR) and the amendment, consisting of a map and general plan text,are enclosed. Environmental Impact Report The Commission recommends certification of the EIR. The Final EIR will consist of: • The Draft EIR • Significant impacts and mitigation measures • Responses to Comments (Exhibit D-2) • Changes to the DEIR subsequent to publication • Minutes of all Planning Commission meetings (will be submitted with Final EIR) 2 Once the City Council is ready to recommend an alternative, the following findings related to the significant environmental effects need to be considered, as required by the California Environmental Quality Act(CEQA): 1) Changes or alternations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. 2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. 3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. In addition, CEQA requires 1) That the decision-maker balance the benefits of the project against its unavoidable environmental risks in determining whether to approve the project If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the effects may be considered "acceptable." 2) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. General Plan Amendment: Of the 5 Commissioners, 3 voted for a change to the General Plan and 2 voted for no change. There are two options for a change (Exhibit 13): 0 Option 1, which does not provide for public open space, has 116 units, with a maximum of 86 units on the Seminary parcel and 30 units on the Cristo Rey parcel (a typographical error in the resolution incorrectly states 32 units); 0 Option 2, which provides for public open space if offered, has a range of between 148 and 178 units with a maximum of 55 units located on the Cristo Rey parcel. Exhibit B illustrates both of these alternatives. The 148 unit alternative was based on minimizing the number of units on the Seminary parcel, since Commissioner Harris was concerned about the impacts on the Forum community. The table below shows the distribution of units of all alternatives. Site plans and a summary of the impacts/mitigations are found in Exhibit D. Exhibit D-1 includes the full text of the mitigation measures. Exhibit D-4 is additional analysis for new alternatives 7, 8 and 9. 3 ALTERNATIVE/ TOTAL UNITS SEMINARY CRISTO REY PUBLIC OPEN SPACE 1: 36 UNITS 36 0 No 2: 36 UNITS 6 30 No B: 50 UNITS 50 0 No D: 75 UNITS 75 0 No E: 100 UNITS 100 0 No 3: 125 UNITS 125 0 No 4: 125 UNITS 36 89 No F: 175 UNITS (Similar to Alternative 8) 5: 220 UNITS 87 65 No* 6: 293 UNITS 140 153 No* 7: 36 UNITS 6 30 No 8: 178 UNITS 116 62 Yes (PC Option 2) 93 - 123 55 max No* 9: 192 UNITS 116 76 Yes 10: 60 UNITS 60 0 No 11: 116 UNITS 86 30 No (PC Option 1) *Public dedication was not specifically offered for these alternatives There are two issues related to the proposed amendments: • Obviously, a major issue is the difference between private and public open space in the two alternatives. The Commission extensively discussed the public open space benefits prior to the majority determining that some increased density was worth the public open space benefit. • On the 178 unit alternative, the development area in the Cristo Rey area is smaller than proposed by the applicant. The Planning Commission eliminated the development area near the Maryknoll Seminary, due to significant visual impacts, which the applicant shows could be developed into 12 lots. Therefore, the applicant's stated 25% development area needed for public open space dedication would be reduced. Exhibit C is the proposed general plan text, which consists of policies to provide mitigation for the impacts identified in the EIR. Exhibit C-1 is a minority report from Commissioners Austin and Roberts. Final documents and resolutions for City Council action on the EIR and the general plan amendment will be provided alter the City Council makes a preliminary decision on the EIR and the amendment. For example, if a preliminary decision is made on August 1, the final documents could be voted upon at the regular meeting of August 7. 4 DISCUSSION: The major issues and resolutions of the issues related to the amendment are discussed in Exhibit D- 3, which is a summary prepared by the consultant. The staff report will not duplicate this summary, but will provide highlights or additional information deemed helpful to the Council discussion. Land Use The Commission established a Constraints Map (Exhibit E) which identifies development and constraint areas. The Council may use this document as a reference should different development areas from those proposed in the alternatives be considered. As mentioned previously, the proposed alternatives eliminated two development areas on either side of Cristo Rey Drive. Traffic No significant traffic impacts were identified, other than impacts to pedestrian/bicyclists if St. Joseph Avenue were opened. The major issue is relying on Cristo Rey Drive for access, vs. St. Joseph Avenue or a new access to Stevens Creek Boulevard. The initial DEIR assumed no access to St. Joseph Avenue, due to the road closure in Los Altos. Evidence presented during the hearings showed that Cristo Rey Drive had the capacity to accommodate the highest alternative. Furthermore, the majority of the project trips (80%) have origins or destinations from north of Cristo Rey Drive, resulting in little need for access to Stevens Creek Blvd. Exhibit E-1 describes the results of additional traffic analysis if St. Joseph Avenue were opened-, however, the applicant states that access is not desired and the Planning Commission recommends that Cristo Rey Drive be the access road, with emergency, pedestrian and bicycle access to St. Joseph Avenue and Stevens Creek Boulevard. Visual Computer simulation and visual analysis were performed, and conclusions were reached that the most significant visual impacts occur when an essentially natural setting is changed, which is development of the Cristo Rey Drive parcel. Development of the Seminary parcel also creates significant visual impacts from the County park's water tank and Forum development. Mitigation proposed to reduce impacts includes new landscape screening, retaining existing trees, maintaining setbacks from park boundaries and the creek, limiting grading and adopting architectural guidelines. However, some significant visual impacts still will not be fully mitigated. Exhibit D-3 refers to larger scale, color computer simulations which were prepared for Alternative 5 in January. These boards are available in the Planning Department and will be available in the Council chambers prior to the meeting. Exhibit D-3 also refers to concerns about additional visually sensitive areas as shown in Exhibit F. These concerns resulted in removing a portion of the Maryknoll area from development and restricting certain areas to single-story development. A picture board of this analysis is available in the Planning Department and will be available in the Council chambers prior to the meeting.. 5 Open Space Two issues arise related to open space: 1) clustering, and 2) private or public 1) Clustering: The General Plan requires clustering of major subdivisions in the 5-20 slope density area.(90% open space, 10% developed area). Exhibit G shows the alternatives and the percentages. As mentioned, Alternative 11, the 116 unit alternative which provides private open space, conforms to this requirement. Alternative 8, the 178 unit alternative which provides public open space, provides 26.4% development area and 73.5% open space. 2) Private or public open space: The summary of open space issues found in Exhibit D-3 relates to open space areas found in Exhibit H. This exhibit indicates which areas might be of interest to the City and Santa Clara County. The Commission discussed the public benefits and costs of the dedicated open space. Public benefits primarily would be access to trails and vista points; active recreation such as playing fields is not envisioned. City costs are estimated to be $10,000 - $20,000 for annual maintenance, depending on whether just the knoll area or the additional marsh area are included. Development and liability costs are significantly less than active parks, such as Blackberry Farm or the neighborhood parks. The proposed general plan amendment includes a statement that an option to locate a neighborhood park be retained, and at the least play apparatus areas should be located in each area. Statements were provided on the interests of the County, Midpeninsula Regional Open Space District and the Cupertino Park and Recreation Commission. Both the Midpeninsula Regional Open Space District(MROSD) and Santa Clara County were contacted by the Diocese, offering them 13.3 acres of open space. MROSD replied that the southernmost portion adjacent to the County park may be appropriate to be dedicated to and managed by the County. The Cristo Rey Drive area was deemed more appropriate for a city park or common open space for homeowners. MROSD expressed their interest in working with the City and County on areas proposed for dedication when the final plan emerges. The County responded, in a letter from Supervisor Dianne McKenna, that a .86 acre in-holding immediately north of the park core next to the Seminary parcel would be desirable to the county. The letter further states: "Other potential additions to the County park might include land on the Cristo Rey parcel's west side, located east of Permanente Creek and southwest of Cristo Rey Drive, or the land (shown as "open space"on your plans) to the west of Pen-nanente Creek....The comer parcel to the east of the project boundary...is physically separated from the County park, and may be more suitable for a city park facility...." Cupertino's Park and Recreation Commission recommended that there be no neighborhood park unless it serves existing residents west of Foothill and north of Stevens Creek and that no City park funds be used to acquire a neighborhood park; any offer of open space should be held in public, not private ownership. Exhibit A illustrates the open space areas of possible interest to the City and County; the Park and Recreation Commission's priorities are: D, C, B, with Area E better utilized by Santa Clara County and Area A not of interest to the City. The applicant subsequently submitted a preferred alternative of 192 units, which alters the open space areas, as shown in Exhibit A-1 [note that the areas are re-lettered]. Lands proposed for public dedication total 127.2 acres or 61%of the property. An additional 10 acres or 5% of linear parks accessible to the public are proposed, for a total of 137.4 or 66% of the property. If the public lands are not offered by the property owner, then any open space in the general plan amendment would 6 either be private, with development rights dedicated to the City (or some other tool such as a private open space zoning district), or would be purchased. In summary, if public open space were made available to the City, it would fulfill General Plan policies for providing public open space and trail linkages in this area, and the development and maintenance of these areas would not be a significant liability for the City. Vegetation and Wildlife Trees, grassland, marshland and riparian vegetation protection are major issues. A large-scale site plan, based on an arborist's report, is provided in the packet showing the type and status (healthy, unhealthy, dead, etc.) of trees on the Seminary parcel, which is the area of concern. Based on this report, the EIR vegetation and wildlife consultants evaluated the present status of the trees; their report is enclosed (Exhibit K) and is summarized in Exhibit D-3. Based on this report, tree protection mitigations are proposed which require retaining healthy natives, retaining as many non-natives as possible, and replacing oaks if they are removed. Grassland and marshland mitigations include requiring a habitat protection plan, setbacks from the freshwater seep, a hydrological study and a detention basin. Exhibit D-3 describes the identification of the red-legged frog in the area, and Exhibit I is a report from the wildlife biologist, in which he concludes that setbacks and a detention basin would reduce impacts to the red-legged frog to a less- than-significant level. A biologist with the United States Fish and Wildlife Service agrees in principal (see page 6 of the report). T Riparian vegetation and wildlife are protected through 100 setbacks from the edge of the riparian vegetation, as shown on the constraint map and the recommended alternatives. A report from a bat expert regarding the presence of endangered bat species on the Seminary parcel is enclosed (Exhibit J) and is summarized in Exhibit D-3. The Seminary building is not used for nesting, but the oak trees in the area may be used; retention of the oak trees is recommended. Electromagnetic Fields (EMF) The Commission discussed at length possible impacts from the electromagnetic fields from the transmission lines. The EIR and other articles submitted to the Commission indicate that there is no were identified. impacts; therefore no significant im acts e e conclusive evidence regarding possible i P g bP P Exhibit L describes this situation and possible voluntary mitigations. As Exhibit D-3 reports, a voluntary setback was established and is shown on the constraint map and the recommended alternatives. Schools While discussion of school impacts is not required in the EIR, safety, planning and financial impacts were discussed in the DEIR and are summarized in Exhibit D-3. Cupertino Union School District representatives indicate that using current projections, existing facilities will accommodate P g P J � b all alternatives in the EIR without additional modular classrooms at Montclaire Elementary School; however, additional modular classrooms may be required at Stevens Creek School. Letters from both the elementary and high school districts indicate that school costs will be covered by developer 5 ., 7 fees and property taxes, assuming current financial conditions remain constant. However, concerns remain regarding future financing, should conditions change. In summary, both school districts indicate that none of the alternatives creates significant impacts not mitigable at this time. As Exhibit D-3 states, a Fremont Union High School District representative stated that they had reached a working agreement with the applicant over sharing the financial impacts on their district. Water Tank Project and City water needs require a 2 million gallon water tank, to be located in the southwest J ty q foothill area (see the DEIR and the constraint and alternative maps. Landscreening screening and color/reflection mitigations are proposed, but the visual impacts will not be fully mitigated, and a proposed mitigation is to seek relocation, specifically on the adjacent County parkland, where visual impacts would be reduced. Precedence The Diocese general plan amendment should not be precedent setting for the foothill areas beyha nd the urban service area boundary. Policy 2-42 states that the "current urban service area shall not be expanded. The intent of this policy is to limit future development to lands within the existing urban service area." Additionally, Policy 2-60 advocates a joint powers agreement among Cupertino, the County and neighboring cities to maintain protection policies in unincorporated lands. The west valley cities and the County hae embarked upon a study to implement this policy. Also, the findings in Resolution 4619 address the unique characteristics of the Diocese property which lend themselves to recommending a general plan amendment for this property without setting a precedent: existing development in the Seminary property already has impacts so impacts from new development will not be as significant; being located within the City's urban service area, with most services already available; being located in a transition area between low and very low density development. Also under the sixth WHEREAS on Page 1, item 3, the intent of this finding is that future proposed housing may not be needed to meet Cupertino's housing requirements. Development in the Maryknoll area raised the issue of precedence; further development of the area might be considered based on adjacent development. The existing General Plan land use diagram indicates that the Maryknoll area, which is under separate ownership from the Diocese, is subject to the 5-20 slope density formula if developed residentially. (Current zoning is Pre-BQ --quasi- public.) Therefore, a maximum of 6 potential units exist on that property. No general plan change would be required for residential development, only project approval, i.e., zoning, subdivision and possibly a use permit. Should the Council wish to retain the parcel in quasi-public use, a general plan amendment could be considered to delete the residential use and leave it as quasi-public. Fiscal No fiscal impact analysis was required for the DEIR. However, the City's Administrative Services Director responded to a fiscal impact assessment prepared by the applicant. The applicant's assessment and the City's review are enclosed (Exhibit M). In summary, the City's analysis concludes that net fiscal impacts are positive based on a 178 unit alternative, except for the library which would recoup a one-time cost from this project within 3.22 years. Recent assessment increases would reduce the time to 2.9 years. 8 • RECOMMENDATION: • Consider the Draft EIR and the recommendation from the Planning Commission. Provide direction to staff to prepare City Council resolutions for certification of the Final EIR and approval or disapproval of a general plan amendment. When a final decision is made, certification of the EIR precedes a decision on the general plan amendment. Certification of the EIR does not imply that a change in the general plan will be granted. Exhibit N consists of existing general plan policies which may be reviewed to gauge consistency with an amendment. • Adjourn to the next meeting, which is August I if additional discussion time is needed, or August 7 if the Council makes a preliminary decision at this meeting. Enclosures: Exhibit A, A-I Applicant's preferred alternative (2 pages) Exhibit B Recommended General Plan amendment (site plans) Exhibit C Recommended General Plan amendment (text) Exhibit C-I Minority Report Exhibit D Impacts and Mitigation Matrices Exhibit D-I Mitigation Measures for Significant Environmental Impacts Exhibit D-2 Responses to Comments Exhibit D-3 Summary of Key Issues Exhibit D-4 New Alternatives Analysis Exhibit E Constraints Map Exhibit E-I Supplemental DEIR(Traffic on St. Joseph Avenue) Exhibit F Supplemental Visual Analysis Exhibit G Comparative Density and Land Use Study Exhibit H Significant Open Space Areas Exhibit I Review of the Biological and Legal Status of the California Red-Legged Frog Exhibit J Bat Survey Exhibit K Seminary Parcel Priority Trees Exhibit L Memo on EMF Questions Exhibit M Fiscal Impact Assessments Exhibit N Related Existing General Plan Policies Submitted by: Approved by: S (", Robert S. Cowan Don Brown Director of Community Development City Manager g:pdreport/cc73 195 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 27, 1995 David Hansen, General Manager Sonoma County Agricultural Preservation and Open Space District 415 Russell Avenue Santa Rosa, CA 95403 Dear David, At their July 26th meeting the Board of Directors for the Midpeninsula Regional Open Space District discussed possible agenda topics for the "Not-so-Annual" conference. The Board would like to request that you consider the following topics for a possible open forum, or round table discussion: 1. Dog access, policies, regulations and enforcement 2. Mountain bicycles, policies, regulations and enforcement 3. Law Enforcement issues and public and employee safety and safety equipment 4. User conflicts, trail conflicts 5. Scientific research uses of park and open space land 6. Over use of preserves and habitat areas by the public We feel that all district's attending this conference would benefit from ideas generated from these common concerns. Sincerely, L. Craig Britton General Manager LCB:snd cc: MROSD 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 r Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING ADMINISTRATION AND BUDGET COMMITTEE AGENDA 4:00 p.m. Teena Henshaw, Chair Monday, Wim de Wit August 28, 1995 Mary Davey 330 Distel Circle, Los Altos (4:00) ROLL CALL ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA (4:05) COMMITTEE BUSINESS 1. Review of Proposed Changes in the Salary Incentive Program 2. Review of 1994-1995 Committee Assignments, Including Establishing a Review Schedule for Board Appointees and Mid-Year Budget and Expenditure Status Review 3. Planning for Staff Appreciation Event 4. Scheduling of Next Meeting and Potential Agenda Topics (5:30) ADJOURNMENT 330 Distel Circle Los Altos,CA 94022-1404 Phone: 415-691-1200 FAX:415-091-0485 E-mail: mrosd@netcom.cam p Board of Directors:Pete Siemens,Mary C. D ivcy,Tema Henshaw,(finny Bahbitt,Nonette Iianko, Betey("rowder,Wim de Wit General Manai;er:I..Craig Britton .pace Open MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING USE AND MANAGEMENT COMMITTEE AGENDA 7:30 P. M. Betsy Crowder Wednesday Wim de Wit September 6, 1995 David Smernoff 330 Distel Circle, Los Altos (7:30) ROLL CALL ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA (7:35) COMMITTEE BUSINESS 1. Appointment of Committee Chair 2. Staff presentation - information on dog access issues: • Review potential policy that entire preserve should be either open or closed to dogs • Review regulations and procedures regarding waste clean-up • Review leash regulations, including potential use of retractable leashes • Review potential need for regulations on specific potentially vicious breeds vs. general vicious dog regulations 3. Public questions and comments 4. Committee discussion (9:00) ADJOURNMENT Note: If necessary, a second Committee meeting on these subjects is tentatively scheduled for Tuesday, September 12 at 7:30 p.m. 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:41 5-691-1200 - FAX:415-691-0485 - E-mail: mroscl netcom.com ff Board of Oireclor.s.fete Siemens,Mary C. Davev,leerna Henshaw,Ginny Babbiti, Nonette I lanko,Betsy Crowder,Wim de Wit C;ener,d Manager:L.Craig Britton ^ . � Claims No. Q6- 5 ` \ � Meeting &5-2O Dote Aug. 33. 1QA5 REVISED K8|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8063 475.00 Aaron's Septic Tank Service Sanitation Services 8064 42.56 Ace Fire Equipment& Service Company Fire Extinguisher 8065 329.82 Acme & Sons Sanitation Sanitation Services 8068 87.50 ADT Security Systems, Inc. Alarm System Repairs 8067 41.74 American Welding Supply Equipment Part 8068 136.93 AT&T Telephone Service 8069 29.30 Bay Area Air Quality Management District Permit Fee 8070 358.10 Best Sanitation Sanitation Services 8071 190.00 BU|'sTowinQ & Recovery Vehicle Towing 8072 1'348.04 Body Logic Training � 8073 6'958.00 Louis Bordi Grading / 8074 470.26 Breon' O'DonneU' Miller, Brown & Danner Legal Services 8075 48.50 Brian KonDoaFou|k Engineering Services 8076 1'000.00 °1 CadeenBruino Grant House Furnishings 8077 81.19 L. Craig Britton Reim buruernont-Grant House Furnishings 8078 180.00 °3 Building Education Center Seminar Registration--R. K8o|ioa 8079 250.89 California Water Service Company Water Service 8080 70.00 Camino Medical Group Medical Services 8081 54.52 Cascade Fire Equipment Company Equipment 8082 20.00 Center for Natural Lands Management Resource Document 8083 6'400.00 Central Fence Company Guard Rail Installation 8084 39.66 Ckadk'sAubo Parts/Machine Shop Vehicle Parts 8085 146.88 Annette Coleman Reim buneomnant-Fie|d Supplies � 8086 356.37 Communication Q/ Control, Inc. Utilities � 8087 1,441.70 Craftsman Printing Kids Activity Poster - Reprint � 8088 2.937.44 Design Concepts Design Production Projects � 8089 138.60 °3 Brendan Downing Reimbursement--Travel Expenses � � 8090 13.00 Federal Express Corporation Express Mail � 8091 50.00 Jean Fiddem Reim buruemnent-Ca|PER8Workshop � 8082 11845 Film Signs � � � 8093 82.07 Forestry Suppliers, Inc. Field Supplies 8094 81.80 Foster Bros. Security Systems, Inc. Locks and Keys � 8085 1.728.95 Gondmn|mnd Power Equipment Equipment and Repairs � @OgG 53.88 G.|. Trucking Company Shipping Services 8097 21.23 G&K Services Towel Service � 8098 166.20 YNaryGundart Reimbursement-Permit and Private Vehicle Expense 8099 49.04 Phillip Hearin Reimbursement-Ranger Residence Blinds 8100 477.20 Home Depot Field Supplies 8101 536.06 Hyoter Sales Company Equipment Rental 8102 8'960.00 Frank VK |sidonoCompany Grading 8103 91.81 Island Equipment Company Field Supplies 8104 2.313.40 J*do Publications, Inc. Brochure Printing 8106 331.16 Joseph's Carpet Service Carpet Repairs-[]imte| Ci,o|o °1 Urgent Check Issued on August 3' 1985. � � °2 Urgent Check Issued onAugust 1' 1995. � � °3 Urgent Check Issued on August 7' 1995. ~ Claims No. 05-15 � K8eetngQ5-3O Date: AuQ. 23 1985 REVISED � W4|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8107 38.63 Keeb|e& 8huohedPhotography Prints 8108 104.09 K|nko'o Volunteer Newsletter Printing 8109 2'083.70 Lanier Worldwide, Inc. Maintenance Agreement 8110 58.80 Judy Levv Private Vehicle Expense 8111 276.00 Levv Enforcement Psychological Services, Inc. Peace Officer Testing 8112 603.62 Los Altos Garbage Company OunnpoterRento| 8113 605.80 Buoky K800a Consulting Services 8114 128.60 Marin Supply Company Sanitation Supplies � 8115 248.98 McGrathRenUCorp. Skyline Office Rental 8116 1'536.87 K«etruMobi|a Communications Radios � 8117 208.48 K8inton'o Lumber @k Supply Field Supplies 8118 119.28 Moffett Supply Company SonitaionSupp|iea � 8119 405.94 Monogram Sanitation Sanitation Supplies 8120 778.36 Murray & Murray Legal Services 8121 19.50 Nebcorn On-Line Service 8122� 4868G Noble Inc. Tractor Po�aand Repairs � . � 8123 111.68 Northern Energy Propane Fuel 8124 2.374.05 Occupational Management Systems Professional Services 8125 58.95 Office Depot Office Supplies � 8126 840.83 <Jnohend Supply Hardware Field Supplies 8127 1.006.28 Pacific Bell Telephone Service � 8128 82.66 Peninsula Blueprint, Inc. B|ua|inem � 8128 1'701.00 Peter Petri G|S Consulting Services � 8130 112.84 Pine Cone Lumber Company Field Supplies � 0131 167.01 Pip Printing Printing-Volunteer News Letterhead 8132 4'000.00 °4 Platypus Studio Nature Center Exhibits 8133 3'000.00 °5 Postage byPhone Postage � � 8134 23.24 Precision Engravers, Inc. Name Badges 8135 2.430.00 Quicksilver Printing Printing � 8136 37.48 Rancho Hardware Field Supplies 8137 32.50 Rayne Water Conditioning Water Service � 8138 188.18 The Recorder Subscription 8139 572.48 Rich's Tire Qen/ina Vehicle Tires 8140 1.328.74 Roy'm Repair Service Vehicle Maintenance and Repairs 8141 161.83 Russ Enterprises, Inc. Signs 8142 166.57 Safeb/ 0een Solvent Tank Service 8143 212.50 Sandio Humber Jones Engineering Services � � 8144 169.54 _ San Jose Mercury News Advertisement 8145 100.00 Santa Clara County Health Department Permit 8146 3.000.00 Seoor International, Inc. Consulting Services � 8147 123.91 Sharon Hall Photography Photographs 8148 600.00 E. R. Sheehan Trail Layout 8149 148.19 Shell Oil Company Fuel � � B1�O 1O12R John Inc.| �uhedn � � . . °4 Urgent check issued on August 3, 1995. *5 Urgent check issued on August 14. 1995. Page 2 � _ _ / Claims No. 95- 5 � | K8emtng95-2O ` Date: Auo. 23 1985 REVISED Kn|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8151 475.53 Signs of the Times Signs 8152 81.21 Si|vemodo Avionics, Inc. Shoulder Microphone 8153 138.82 Skyline County Water District Water Service 8154 64.61 Cheryl Solomon Reimbunaernent-Natura Center Supplies 8155 800.00 Summit Spring Design Tree Removal 8156 52.74 Summit Uniforms Uniform Expense 8157 1.221.23 Teohar& Etc. Graphics Consulting-Brochures and Maps � 8158 75.00 TriCib/ Glass Door Ropairs-Dieha|Circle 8159 130�73 The TufnutVVorks Field Supplies � 8160 142.26 University Art Center Frames � 8161 103.11 Voksn Safety Supply Company Field Supplies 8163 13.50 Valley Title Company Photocopies ofDocuments � 8163 4.000.00 Vargas and Company Partial Payment-Audit 8164 118.20 Michael Williams Private Vehicle Expense 8165 75.00 Del Woods Reimbursement-Aerial Map 8166 68.82 The Workingman's Emporium Uniform Expense 8167 320.59 Yomdbird Equipment Sales Equipment Parts 8168 168.38 Joan Young Contract Son/ices 8168 2.797.82 Pacific Gas& Electric Company Move Skyline Electric Pole 8170 38.489.04 Oakland Truck Center Trucks 8171 291.38 J. Anne Rawlins Legal Services 8172 10.98 State Board ofEqualization Diesel Fuel Tax 8173 185.00 David Top|ey Reimbursement-Tuition 8174 430.78 Petty Cash Docent and Volunteer Supplies, Field and Office Supplies, Film and Developing, Resource Materials, Local and Out-of Town Meeting Expense and Private Vehicle Expense � Page 3 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-20 SUMMARY OF AUGUST 23. 1995 REGULAR BOARD MEETING Approval of EMIUment Agreement with Michael Foster, District Controller, Includin Setting etting Annual Salary at $9.500 and Instituting a Meritorious Incentive Pay Provision - The Board approved the employment agreement with District controller Michael Foster and the revised controller job description. Final Adoption of an Amendment to the Monte Bello Open Snare Preserve Use and Management Plan to Change the Stevens Creek Nature Trail Interpretive Brochure - The Board adopted the amendment to the Monte Bello Open Space Preserve Use and Management Plan to change the format for interpretation of the Sevens Creek Nature Trail from a self-guided brochure to interpretive signing. Final Adoption of the Amendment to Use and Management Plan for Purisima Creek Redwoods Oren Space Preserve for District-Managed Lands of Peninsula Open Space Trust - The Board adopted the amendment to the Use and Management Plan for Purisima Creek Redwood Open Space Preserve for the District-managed lands of Peninsula Open Space Trust. Informational Retwrt on the Physical Condition of the Seven Springs Loon Trail at Fremont Older Open Space Preserve and the Status of the Fremont Older Trail use Plan -The Board accepted the staff report on the current physical condition of the Seven Springs Loop Trail at Fremont Older Open Space Preserve and the status of the Fremont Older trails use plan. Susan Dale Recording Secretary 330 Distel Circle * Los Altos,CA 94022-1404 * Phone: 415-691-1200 * FAX:41 5-691-0485 * E-mail: mros(l@iietcoi-n.com 0 Board of Directors:[- -mens,Mary C. [aavey,Teena Renshaw,Ginny Babbitt �,tte I-ianko, Betsy Crowder,Wim de Wit Gonorat Manager.L.Craig Britton