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HomeMy Public PortalAbout19950927 - Agenda Packet - Board of Directors (BOD) - 95-21 Regional I a _. a i i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-21 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California September 27, 1995 (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Board Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Public Employment - Government Code Section 54957 a. Public Employee Performance Evaluation - General Manager ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- P. Siemens *** APPROVAL OF MINUTES June 28, 1995 (Consent Item) August 23, 1995 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Follow-Up Reports on Dog Access A. Use and Management Committee's Recommendations on Partial Preserve Access, Waste Clean-Up Requirements, Use of Retractable Leashes, and Nuisance Dogs Regulations -- B. Crowder B. Adoption of Criteria and Procedures as Part of the Open Space Management Policies for Future Use in Evaluating Site for Dog Access -- R. Anderson 330 Distel Circle � .� ' � � � � _ m.co Los Altos, (A 94022-1404 * Phone:41 5-6 31-1200 . FAX:41 5-691-0485 • E-mail: mrosd@netco m Board of Oirot tors:Pete Siernens,Mary C.Davey, leena tienshaw,David T.Smernotf, Nonette Hanko,Betsy Crowder,Wim de Wit General Man,igerr:L.Craig Britton Meeting 95-21 Page 2 (8:00) 2. Authorization to Purchase 12.65-Acre Anthony Property Along Loma Prieta Road for $95,000 as an Addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve, Tentative Adoption of Preliminary Use and Management Plan for the Property, Including Intention to Withhold Dedication of the Property as Public Open Space, and Determination that Recommended Actions are Categorically Exempt Under CEQA -- M. Williams Resolution Authorizing Acceptance of Agreement to Purchase Real Property, 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 Anthony) (8:10) 3. Approval of Permit to Enter for Rhone-Poulenc, Inc. and Their Contractor to Construct and Enlarge a Storm Drain Facility at Ravenswood Open Space Preserve, Approval of Agreement with Rhone-Poulenc, Inc. to Exchange Easements to Acquire a Public Trail Easement in Exchange for the Storm Drain Easement, Tentative Adoption of Preliminary Use and Management Plan Recommendations and Determine that Project is Categorically Exempt Under CEQA -- M. Williams Resolution Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a Deed for the Real Property Interest Being Released, Authorizing Officer to Execute Certificate of Acceptance of Easement to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Ravenswood Open Space Preserve - Lands of Rhone- Poulenc, Inc.) Resolution Approving and Authorizing Acceptance of an Agreement to Exchange Interests in Real Property, Authorizing Officer to Execute a License Agreement, Authorizing Officer to Execute Certificate of Acceptance of Easement to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Ravenswood Open Space Preserve - Lands of Rhone-Poulenc, Inc.) *** 4. Reduction of the Overall Fine for Violating the District's Bicycle Helmet Regulation from $76 to $49 -- J. Escobar (8:20) 5. Authorization for General Manager to Enter into an Agreement with California Department of Forestry and Fire Protection to Conduct a Controlled Burn at Russian Ridge Open Space Preserve -- R. Anderson *** 6. Approval of Application to the Habitat Conservation Fund Program for Grant Funds to Acquire 26-Acre Silva Property as Part of Old Page Mill Road Trail i Meeting 95-21 Page 3 Acquisition Project and Finding that Project is Categorically Exempt Under CEQA -- R. Anderson Resolution Approving the Application for Grant Funds for the Local Agency Grant Program - Fiscal Year 1996-1997 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Following Project: Old Page Mill Road Trail Acquisition 7. Approval of Land and Water Conservation Fund Grant Application for Pulgas Ridge Public Access Improvement Project, Approval of Negative Declaration for the Project, Adoption of Mitigation Monitoring Program and Other CEQA Findings -- R. Anderson Resolution Approving an Application for a Land and Water Conservation Fund Grant for the Pulgas Ridge Open Space Preserve Public Access Improvement Project 8. Authorization for General Manager to Execute an Agreement with Tom Henning Company of Los Altos to Market Four Surplus Diesel Generators and Related Equipment Located Former Almaden Air Force Station at Mt. Umunhurn -- R. Anderson (8:25) 9. Authorization for the General Manager to Contract with Dennis Kobza and Associates for $11,350 to Provide Architectural Services for Construction of the New Field Office at Skyline Ridge Open Space Preserve -- M. Gundert (8:30) 10. Authorization for the General Manager to Enter into Contract with the Lowest Responsible Bidder for Site Work, Grading, Surfacing, and Underground Utilities for Construction of the New Field Office at Skyline Ridge Open Space Preserve -- M. Gundert 11. Approval of Permit to Enter for Santa Clara County's Roads and Airports Department to Remove and Replace an Existing 30-Inch Culvert and Concrete Headwall Located Along Stevens Canyon Road at the Picchetti Ranch Area of Monte Bello Open Space Preserve -- S. Cochran (8:35) 12. Reorganization of Planning and Acquisition Programs to Create Self-Managed Work Team, Authorization to Reorganize and Fill Designated Planning Positions, and Authorization for General Manager to Execute Six-Month Consulting Services Agreement with George Sipel Associates at Rate of $6,000 per Month -- C. Britton 13. Proposed Changes to Distribution of Salary Incentive Awards Based on $25,000 Funding Cap -- J. Fiddes Meeting 95-21 Page 4 (9:00) 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) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at then time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar shall be approved byone motion unless a Board member removes an item from the con-sent calendar. A member of the public may request under oral communications that an item be removed from the consent calendar. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT M-95-01 Meeting 95-21 September 27, 1995 MEMORANDUM September 8, 1995 You deferred approval of the June 28, 1995 Board Meeting minutes to allow staff to expand on comments made by Dr. Noel Thompson, 1131 Westfield Drive, Menlo Park, regarding dog access. Dr. Thompson's comments are in the fourth paragraph of page four. I I 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. 111. 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:4115-091-0485 - E-mail: mrosd@netconixoni Ro,ird of Directors:Pete Siemens,Maly C.Davey,Tecria I Renshaw,Ginny Bahbiti, Nonette I hinko, Betsy Crowder,Win)de Wit General A4ao,),qet: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 Adoption of Criteria for Evaluating Preserve Suitability for Dog Access, and Direction to Staff to Prepare a Schedule for Use and Management Plan Amendments to Further Consider Tentatively Adgpted 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 staffs 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 Dorr, 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 spoke in support of more dog access. Noel Thompson, 1131 Westfield Dr., Menlo Park, spoke in support of dog access, particularly natural off-leash areas. He said he had been hiking in the Sierra's with dogs for 30 years, and noted that the problem most people have with dogs on trails is an owner problem, not a dog problem. He said environmental research studies should be staged in various preserves to provide information rather than getting into a debate between people who do not like dogs and people who do. He said horses and bikers may have a "better deal" than dogs because horse owners and bikers are better organized than dogs owners. 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 supportedAl ine Road, Menlo Park dog access, including P 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. Meeting 95-16 Page 5 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. 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 Ravenswood disturbed habitat rating 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 o 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 10 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. Meeting 95-16 Page 6 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. 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 Ridge Open Space Preserve until after the meeting with the Portola Park Heights neighbors on July 8 since she thought the dog on-leash area was important to the neighbors. Motion: B. Crowder moved that the Board close Long Ridge Open Space Preserve to dogs as incompatible with the criteria. P. Siemens 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. Meeting 95-16 Page 7 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 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 Azui 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 staffs 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. Meeting 95-16 Page 8 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 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 staff s 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, 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 Meeting 95-16 Page 9 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. 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 Midpeninsula Regional Open Space 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 Aizainst the District Less Than $2.500 (Report 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 Guadalupe PLQpt,M Adjacent to Sierra Azul Q= Space Preserve and Almaden Quicksilver County Park for $6.750.000 and Tentative Adoption of Preliminary Use and Management Plan for the PEgWrty. Including Intention to Withhold Dedication of the PLQpgM as Public Qpt-'_n Space (Report R-95-0 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. Meeting 95-16 Page 10 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. 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 Propgrty Adjacent to Sierra Azul Open Space Preserve for Meeting 95-16 Page 11 $226.000 on Defeasible Fee Basis and Tentative Adoption of Preliminary Use and Management Plan for the RLQWM. Including Intention to Withhold Dedication of the R=M as Public Qppn Spg s& (R=rt 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 Documents Necessary or Appropriate to Closing of the Transaction (Sierra AM 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. VIII. 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. Meeting 95-16 Page 12 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. 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. VIH. ADJOURNMENT The meeting was adjourned at 11:30 P.M. Susan Dale Recording Secretary Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-20 REGULAR MEETING BOARD OF DIRECTORS August 23. 1995 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:30 P.M. Members Present: Pete Siemens, Teena Henshaw, Nonette Hanko, David Smernoff, Betsy Crowder, Mary Davey, and Wim de Wit. Personnel Present: Craig Britton, John Escobar, Randy Anderson, Jean Fiddes, Sheryl Cochran, Del Woods, and Susan Dale. II. ORAL COMMUNICATIONS There were no oral communications. III. SPECIAL ORDER OF THE DAY C. Britton stated that Brendan Downing, the new District ranger, would be introduced to the Board at a later meeting. IV. ADOPTION OF AGENDA Motion: T. Henshaw moved that the Board adopt the agenda. B. Crowder seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR N. Hanko requested that the minutes dated June 28, 1995 be removed from the consent calendar. B. Crowder requested revised claims 95-15 be removed from the consent calendar to discuss items 8073 and 8102. C. Britton inquired if B. Crowder's questions on the revised claims could be easily addressed at this time. B. Crowder asked at what locations the grading took place. J. Fiddes stated the grading by Frank W. Isidoro Company was in the Foothills area, and she would review claim 8073 and report to the Board at the end of the meeting. Motion: T. Henshaw moved that the Board adopt the consent calendar as amended including approval of minutes dated July 8, 1995 and July 26, 1995; written communication responses to Stephen Wilcox, 22400 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,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 95-20 Page 2 Skyline Boulevard, Box 7, La Honda and H. Earl and Donna R. Harris, 22802 Prospect Avenue, Saratoga; agenda item 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 and, agenda item 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. W. de Wit seconded the motion. The motion passed 7 to 0. VI. APPROVAL OF MINUTES N. Hanko stated that Dr. Noel Thompson's statement on page four should be expanded to include more detailed information on his comments to the Board. Motion: N. Hanko moved the minutes of June 28, 1995 be continued to the next meeting to include more detailed information on Dr. Thompson's comments. T. Henshaw seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item 1 - Approval of Employment Agreement with Michael Foster. District Controller. Including Setting Annual Salary at $9.500 and Instituting a Meritorious Incentive Pay Provision (Report R-95-M C. Britton stated that the words "in specified" in Section 2 Powers and Duties of the Employment Agreement should be deleted. B. Crowder, in behalf of the Board, commended M. Foster for his outstanding service and the Board's hope that it long continue. Motion: M. Davey moved that the Board approve the employment agreement, as amended, with District controller Michael Foster and the revised controller job description. B. Crowder seconded the motion. The motion passed 7 to 0. B. Agenda Item 4 - Informational Report on the Physical Condition of the Seven Springs Loop Trail at Fremont Older Oren Space Preserve and the Status o the Fremont Older Trail Use Plan (R=rt R-95-106) R. Anderson stated this was an informational report in response to concerns raised by a member of the public at the July 26 meeting regarding trail use and safety on the Seven Springs Loop Trail at Fremont Older Open Space Preserve. S. Cochran reviewed the staff report and showed slides depicting various sections of the trail. S. Cochran reported she and D. Woods had ridden the trail on their mountain bicycles. She said a review of Trail Use Guidelines along with a thorough investigation of the condition of the trail will be conducted and she anticipated coming back in November with the recommended use designation for this trail. S. Cochran said until that time rangers will increase patrol of the area. Y Meeting 95-20 Page 3 B. Crowder asked how many areas of short site distance were there on this trail. S. Cochran responded there are five to six. N. Hanko requested staff attempt to work out difficulties that are frightening for hikers. P. Siemens commented the Board should consider how much of the District's resources it wants to use and that it might be easier to close the trail to mountain bikes. C. Britton commented that it is important for the Board to consider any actions to change the designation on this trail in the context of the upcoming trail use element of the entire preserve. David Klinger, 7538 Waterford Drive, Cupertino, shared his own experiences on the trail including blind corners, narrow trail width, and the fact that hikers go in a clockwise direction, while bikers go in a counter-clockwise direction making the blind corners dangerous to both users. Mr. Klinger commented because it is a loop trail he feels it's an all or nothing situation with the narrow trails and blind spots. He expressed his concern that widening the trails would destroy the natural qualities of the area that make it such a unique and special trail. He proposed two options: 1) to close the trail to bikes; or 2) make all traffic go clockwise (or at least one direction). C. Britton asked if there were plans for any future workshops on the Preserve. S. Cochran replied if significant changes are proposed for the Preserve, an additional public workshop would be held. B. Crowder thanked Mr. Klinger for his presentation. P. Siemens stated that the Board accepted the staff report. VIII. INFORMATIONAL REPORTS C. Britton reported that: 1) the grant for Soda Springs Canyon had been awarded; 2) he had sent a letter to the Sonoma County Agricultural Preservation and Open Space District with a list of proposed discussion topics for the Not-So-Annual Conference; 3) close of escrow for the final Hosking transaction would occur August 24; 4) staff of the Santa Clara Valley Water District was working diligently to provide-a trail on the Lexington Dam face as noted in the letter from Director Siemens; 5) the annexation of the Big Dipper Ranch had been approved by San Mateo County LAFCO, but that a delay was requested on Thysen property annexation and should be approved by September 8; 6) the Thysen Management Agreement was executed by POST and the District is now responsible for the property; and 7) he attended and testified at a Senate Judicial Committee hearing on AB700 which was passed by the committee and then moved to the Senate floor for a final vote. B. Crowder reported that: 1) a full Environmental Impact Report is being required for the San Mateo County Trails Plan; 2) she took a field trip to the Thysen property with Area Superintendent Sanguinetti and recognizes this area will be a management problem for the District; 3) the South Skyline Association folk dance event is being held the coming weekend at the Jenkins property and all are invited; 3) the Kings Mountain craft fair will be held Labor Day weekend; 4) Esther Feldman was now head of the Trust for Public Land office in Los Angeles. Meeting 95-20 Page 4 M. Davey expressed her thanks for the Founders Day picture. P. Siemens reported on his presentation to the Monte Sereno City Council with M. Smith. D. Smernoff reported on the proposal he submitted to the San Francisco Estuary Institute to establish a riparian station on behalf of Bay Area Action. J. Escobar said the July monthly field activity report had been distributed to the Board for their review. J. Fiddes reminded the Board that the staff appreciation event was on September 29, 1995. W. de Wit reported on San Mateo County approval of the recreational development proposed at Cascade Ranch. C. Britton reported that: 1) the Draft Environmental Impact Report on the trails plan for Santa Clara County was available for review; 2) the San Mateo County Alternative Funding Committee was pleased with a recent telephone survey; 3) he gave a District presentation to the Sunnyvale Planning Commission; and 4) there will be a Bay Trail event on September 10 at Lake Merritt and possibly Director Smernoff would like to compete in the bicycle race on behalf of the District. R. Anderson announced A. Cummings retirement as of September 6 and that a retirement party was being planned for September 12. IX. REVISED CLAIMS J. Escobar confirmed claim 8073 was for the annual Skyline grading. D. Smernoff asked if it were possible to put a total on the claims and show if expenditures are within approved budget. C. Britton responded a total could be added, but including budget information on this report is not easy. He said budget oversight was ongoing and coordinated with the Administrative and Budget Committee and that Director Smernoff was welcome to review budget documents at any time. Motion: T. Henshaw moved that the Board approve revised claims 95-15. N. Hanko seconded the motion. The motion passed 7 to 0. VHL ADJOURNMENT The meeting was adjourned at 8:30 P.M. Susan Dale Recording Secretary / Claims No. 95-1S K8aeUngQ5-2O �m Date: Aug. 23. 1895 REVISED K8|DPEN|NGULA REGIONAL OPEN SPACE DISTRICT # Amount Nome Description 8063 475.00 Aaron's Septic Tank Service Sanitation Services 8064 42.56 Ace Fire Equipment& Service Company Fire Extinguisher 8065 328.82 Acme & Sons Sanitation Sanitation Services � 8066 87.60 AD-[Security Syabsnna. Inc. Alarm System Repairs � � 8067 41.74 American Welding Supply Equipment Part 8068 136.92 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 Bi||'sTovving & Recovery Vehicle Towing 8072 1'348.04 Body Logic Training 8073 6'950.00 LouioBordi Grading 8074 470.25 Braon' U'Oonne||, K8i||er' Brown & Danner Legal Services 8075 46.50 Brian KanQanFou|k Engineering Services 8076 1'000.00 °1 Car|ean Bruins Grant House Furnishings 8077 91'18 L. Craig Britton Rairnburaernent-Grent House Furnishings 8078 180.00 °2 Building Education Center Seminar Registration--R. Mo|iuo � 8079 250.99 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 Lando Management Resource Document � 8003 6'400.00 Central Fence Company Guard Rail Installation 8084 38.66 C|odk's Auto Parts/Machine Shop Vehicle Parts � 8085 146.88 Annette Coleman Reim buraernent-Fie|d Supplies 0086 356,27 Communication Q^ Control, Inc. Utilities 8007 1,441.70 Craftsman Printing Kids Activity Pomter - Reprint 8088 2.937.44 Design Concepts Design Production Projects 0089 138'60 =3 Brendan Downing Reim buroemnmnt-Travm| Expenses � 8090 13.00 Federal Express Corporation Express Mail 8091 50.00 Jean Fiddeo Reimbursement-Ca|PERSVVorknhop � 8092 116.45 Film to Frame Signs 8093 82.97 Forestry Suppliers, Inc' Field Supplies 8094 61.60 Foster Bros. Security Systems, Inc. Locks and Keys 8095 1.728.95 Gmrdan|and Power Equipment Equipment and Repairs 8096 53.89 G.i. Truoking Company Shipping Smrv|nma 8097 21.23 G&PCServices Towel Service 8098 166.20 YNoryGundert Reimbursement-Permit and Private � � Vehicle Expense 8099 49.04 Phillip Hearin Reimbursement-Ranger Residence Blinds � 8100 477.26 Home Depot Field Supplies 8101 536.06 Hynter Sales Company Equipment Rental � � 8102 8'960'00 Frank W. |mkjoroCompany Grading 8103 81.81 Island Equipment Company Field Supplies 8104 2,313'40 Jede Publications, Inc. Brochure Printing 8105 331.18 Joseph's Carpet Service Carpet Repeira-Diate| Circle *1 Urgent Check Issued on August 2\ 1995. °2 Urgent Check Issued nnAugust 7, 1995' � °3 Urgent Check Issued onAugust 7, 1995. Page 1 ��� Claims No. 95-15 Meeting 95-20 Date: Aug. 23, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8106 221.11 Michael Jurich Tuition Reimbursement 8107 38.63 Keeble& Shuchat Photography Prints 8108 104.09 Kinko's Volunteer Newsletter Printing 8109 2,083.70 Lanier Worldwide, Inc. Maintenance Agreement 8110 58.80 Judy Law Private Vehicle Expense 8111 275.00 Law Enforcement Psychological Services, Inc. Peace Officer Testing 8112 603.62 Los Altos Garbage Company Dumpster Rental 8113 605.80 Bucky Mace Consulting Services 8114 128.60 Marin Supply Company Sanitation Supplies 8115 249.98 McGrath RentCorp. Skyline Office Rental 8116 1,536.87 MetroMobile Communications Radios 8117 208.48 Minton's Lumber & Supply Field Supplies 8118 119.28 Moffett Supply Company Sanitaion Supplies 8119 405.94 Monogram Sanitation Sanitation Supplies 8120 778.36 Murray& Murray Legal Services 8121 19.50 Netcom On-Line Service 8122 466.86 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 Hardware Field Supplies 8127 1,006.28 Pacific Bell Telephone Service 8128 82.66 Peninsula Blueprint, Inc. Bluelines 8129 1,701.00 Peter Petri GIS Consulting Services 8130 112.64 Pine Cone Lumber Company Field Supplies 8131 167.01 Pip Printing Printing-Volunteer News Letterhead 8132 4,000.00 *4 Platypus Studio Nature Center Exhibits 8133 3,000.00 *5 Postage by Phone Postage 8134 23.24 Precision Engravers, Inc. Name Badges 8135 2,420.00 Quicksilver Printing Printing 8136 37.46 Rancho Hardware Field Supplies 8137 32.50 Rayne Water Conditioning Water Service 8138 199.18 The Recorder Subscription 8139 572.46 Rich's Tire Service Vehicle Tires 8140 1,328.74 Roy's Repair Service Vehicle Maintenance and Repairs 8141 161.63 Russ Enterprises, Inc. Signs 8142 166.57 Safety Kleen Solvent Tank Service 8143 212.50 Sandis 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 Secor 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 8150 101.29 John Shelton, Inc. Culverts *4 Urgent check issued on August 3, 1995. •5 Urgent check issued on August 14, 1995. Page 2 Claims No. 95-15 Meeting 95-20 Date:Aug. 23, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8151 475.53 Signs of the Times Signs 8152 81.21 Silverado Avionics, Inc. Shoulder Microphone 8153 136.82 Skyline County Water District Water Service 8154 64.61 Cheryl Solomon Reimbursement--Nature Center Supplies 8155 900.00 Summit Spring Design Tree Removal 8158 52.74 Summit Uniforms Uniform Expense 8157 1,221.23 Teater& Etc. Graphics Consulting—Brochures and Maps 8158 75.00 TriCity Glass Door Repairs—Distel Circle 8159 130.73 The Tufnut Works Field Supplies 8160 142.26 University Art Center Frames 8161 103.11 Valley Safety Supply Company Field Supplies 8162 13.50 Valley Title Company Photocopies of Documents 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 68.62 The Workingman's Emporium Uniform Expense 8167 320.59 Yardbird Equipment Sales Equipment Parts 8168 168.38 Joan Young Contract Services 8169 2,797.92 Pacific Gas& Electric Company Move Skyline Electric Pole 8170 36,489.04 Oakland Truck Center Trucks 8171 291.38 J. Anne Rawlins Legal Services 8172 10.98 State Board of Equalization Diesel Fuel Tax 8173 185.00 David Topley 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 RESP( :PION PROPOSED by STAFF board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledg*/R*spond xDraft Response Attached Staff to be Directed to Prepare Draft September 8 1995 1::p:,;I,!:r3.o.rd Consideration per , board ti e(a) No Response Necessary Board of Directors MROSD 330 Distel Circle Los Altos, CA 94U22 The Peninsula Open Space Trust recently purchased a major portion of tne land surrounded by Windy Hill, I noted in the articles I read that you are going to "supervise" it for them. The development of Windy Hill has been delayed and put off in tne recent past, much to the concern of area residents. My concern, and I am sure others nearby Windy Hill feel the same, is that Windy Hill development might be further delayed due to planning for incorporation of this new area into tne present plans for Windy Hill . I am well aware of your planning problems and inability to keep up, much less anead, of what much be cone. I would hate to see Windy Hill development delayed further, and would like assurances that tnis will not happen. Harry Haeussler, Jr. 1094 ighland Circle Los Altos, CA 94024 Regional Open Space A ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF September 28, 1995 FOR BOARD CONSIDERATION Harry H. Haeussler Jr. 1094 Highland Circle Los Altos, CA 94024 Dear Harry: Thank you for your letter of September 8 expressing concern that Peninsula Open Space Trust's purchase of the Corte Madera Associates property at Windy Hill will delay access improvements for the Windy Hill Open Space Preserve. The Board reviewed your letter at our Regular Meeting last night. The article you read indicating that the District will be responsible for managing this property is incorrect. The District has not assumed responsibility for the Corte Madera Associates property. While it is possible that the District could assume such responsibility in the future, the primary impact would be on the District's field staff, rather than the planning staff. POST's purchase will not impact the completion of the access improvements at Windy Hill, which are expected to be completed next fall. Sincerely Pete Siemens, President Board of Directors cc: Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton E L�QUES"4RNAS -,Lqq-IOM SOUTHsSKYLLN SL, L C/o Vista Point Ranch, 12300 Skyline Boulevard, Los Gatos, California, 95030. RESPONSE ACTION PROPOSED gT STAPP board President Acknowledge/Respond Director At kn av Ldgs/Respond Board of Directors of the Staff Acknowledge/Respond Mid Peninsula Regional Open Space District _�_ Draft Response Attached 330 Distel Circle Staff to be Directed to Prepare Draft Los Altos California 94022-1404 Res pone for Sca rd Constderat ion par Doa rd Olrac t ive(s) No Response Necessary September 10, 1995 Dear Ladies and Gentlemen, The South Skyline Equestrian Association is a newly formed group of horse owners and enthusiasts in the Saratoga Gap/ Skyline area. Our objectives in organizing include creating a forum for the sharing of ideas and concerns as they relate to horses, fostering communication between various groups of trail users in the area, and designing an emergency fire plan while promoting disaster preparedness. It is in regards to this last issue that I write to you today. We have recently held a meeting to begin designing an emergency evacuation plan. A representative from the California Department of Forestry Saratoga Summit Fire Station was present to assist us in understanding how best to prepare for and deal with a fire in the area. It was suggested that we need to have emergency evacuation plans and an emergency staging area nearby. The Equestrian Parking Lot at the Skyline Ridge Preserve is a place that would most likely be accessible to people fleeing a fire in the Saratoga Gap area. It is also large enough to get a number of horse trailers in to, and off of the roads where they are a potential hazard to emergency rescue personnel. The Summit Riders, an equestrian organization located in.the area of the 1985 Lexington fire credits their incredible success-in saving livestock, and keeping them from creating even more dangerous situations, to their ability to evacuate to the Graham Hill Show Grounds which is located only a few miles down the road. We are requesting your permission to have access to the Equestrian Parking Lot at the Skyline Ridge preserve to use as an emergency staging area in case of a catastrophic fire. We anticipate that this would be an area where horse owners could bring their trailers and then make further decisions as to whether they will be able to return to their property or will need to make other long term arrangements. We envision that we would occupy this space for a short time and only in the most dire of emergency situations. We would be eager to speak with a representative of the Open Space District in regards to this matter. Thank you for your kind consideration. Respectfully, Jill KiltY Newburn Secretary South Skyline Equestrian Association 415-949-0330 cc: CDF/ Saratoga Summit Miles Standish, Castle Rock State Park Regional Open Space ji 611111­� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 28, 1995 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Jill Kitty Newbum South Skyline Equestrian Association c/o Vista Point Ranch 12300 Skyline Boulevard Los Gatos, CA 95030 Dear Ms. Newburn: Thank you for your September 10, 1995 letter requesting permission to use,the equestrian parking lot at Skyline Ridge Open Space Preserve as an emergency staging area. At our Regular Meeting last night, the District's Board of Directors reviewed your letter. We hope that an emergency situation requiring evacuation of the south Skyline area never happens. If such an occasion does occur, the District is certainly willing to allow use of the Skyline Ridge equestrian lot as a temporary staging area. However, the nature of an emergency may require use of the parking lot for other purposes, such as a camp for fire crews. In this case, we will do our best to provide another nearby site for equestrians and their horses. District staff will work with the South Skyline Equestrian Association to develop guidelines for use of the Skyline Ridge Open Space Preserve parking lot as an emergency staging area. A staff member will contact you soon regarding this matter. Sincerely, Pete Siemens, President Board of Directors PS:CRB:kh cc: Board of Directors David Sanguinetti, Area Superintendent 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,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton &-l-glonal Open Space R-95-116 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-21 September 27, 1995 AGENDA ITEM Site Evaluation Criteria for Dog Access GENERAL MANAGER'S RECOMMENDATION Adopt the attached criteria and procedures as part of the Open Space Management Policies for future use in evaluating sites for dog access. DISCUSSION At your June 28, 1995 regular meeting, the Dog Use Committee transmitted draft criteria for evaluating preserve suitability for dog access (report R-95-16). At the same meeting, staff presented some proposed changes to the criteria weighting, including increasing the weight for avoiding conflicts with special uses and habitat sensitivity. You directed staff to incorporate the recommended changes and to return to the Board to consider further revisions to the criteria, including clarification of the definition and weighting for "Adjacent to Urban Area" to recognize rural residential neighborhoods, and consideration of further increasing the weighting of "Habitat Sensitivity" (i.e. to 0 - 10 - 20). With regard to the "Adjacent to Urban Area" criterion, staff proposes to modify the scoring from 0 = No and 3 = Yes to 0 = No, 3 = Limited Development, and 5 = Yes. This will recognize areas that are not part of urban, incorporated cities, but constitute rural residential neighborhoods, such as the Portola Park Heights area, Skylonda, or Kings Mountain. These changes also give slightly more overall weight to urban adjacency as a criterion. This change has been added to the scores recommended by staff on June 28 and presented in the matrix included with Attachment 1. The top rankings are: 1. Sierra Azul Kennedy Limekiln 44 2. Fremont Older 41 Pulgas Ridge 41 3. St. Joseph's Hill 40 4. Coal Creek 37 5. El Sereno ' 36 Foothills 36 La Honda Creek 36 Windy Hill 36 This ranking is consistent with the areas currently open or being considered for dog access except that Thornewood and El Corte de Madera are in eighth position at 31 points. 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-691-1200 - FAX:41 5-691-045.5 - E-mail:mrosd rr netcom,com Q Board w Oir000rs Pete Siemens,Mary(.Davey, ieena t lenshaw, David T.Smernoti,Nonette Hanko,Betsy Crowder,Win)de Wit Genera!Manager.L.Craig Britten R-95-116 Page 2 Staff also evaluated the impact on the rankings of increasing the "Habitat Sensitivity" weighting to 0 - 10 - 20 from the 0 - 5 - 10 previously recommended by staff. Added to the scores outlined above, this would change the rankings as follows: 1. Sierra Azul Kennedy Limekiln 54 2. Fremont Older 51 3. Pulgas Ridge 46 El Sereno 46 4. Foothills 45 St. Joseph's Hill 45 5. Sierra Azul Mt. Umunhum 43 6. Coal Creek 42 7. La Honda Creek 41 Windy Hill 41 This ranking is less consistent than the previous ranking with the existing and proposed dog access. Thornewood and El Corte de Madera are tied in ninth position at 36 points. Although staff believes that low habitat sensitivity should be the most important criterion, staff feels that increasing the weight to a possible 20 points, or four times the weight of any other criterion, would skew the results of the ranking and overwhelm the consideration of other factors. This would also lend too much weight to the rather subjective level of habitat assessment that would be done for this evaluation. The evaluation form should not be the sole basis for decision-making. If there are questions or concerns on the habitat sensitivity of one or more sites, additional investigations should be conducted on a case-by-case basis. Staff recommends that the Board adopt the criteria and evaluation process as presented in the attached draft. The previously approved changes are incorporated and the currently proposed changes are shaded. This includes incorporation of the policy language regarding partial preserve access recommended by the Use and Management Committee, definition of "unsanctioned use" in criterion 1, and clarification of the procedure for use of the criteria, underscoring the need for updating the rankings when considering a new site in comparison to previously ranked sites or re-examining previously ranked sites. A brief explanation of the scoring for criterion 11, Adjacent to Urban Area has been added, as this was inadvertently left out of the previous draft, and some minor editorial improvements have been made. Prepared by: Randy Anderson, Planning Manager Contact person: Same as above ATTACHMENT I DOG ACCESS CRITERIA Draft September 8, 1995 INTRODUCTION This document describes a process and set of criteria to be used to guide decisions on where to allow dog access in District preserves. These criteria are intended to be guideline rather than absolute determinants. The matrix scores are only one of the factors the Board may consider in making a determination on dog access. --V . . ... ...... ylii .............. .......... ......... ..................... UPW . ........ CRITERIA DEVELOPMENT The criteria are based on extensive staff research. Staff reviewed information from the public (including many letters and extensive testimony) and from other agencies and organizations regarding dog access policies and practices. We also reviewed existing research on the impacts of dogs on the environment. This information formed the basis for 15 proposed dog access criteria (see Dog Access Program Evaluation Report, Sept., 1994). A questionnaire was developed and administered to staff to help refine and weight the proposed dog access criteria. Staff were also asked to rate the suitability of the preserves for dogs, based on their familiarity with District lands and experience in managing the existing dog access. Based on responses to the survey, staff modified the criteria and listed them in a matrix format. The criteria were weighted according to staff assessment of their importance. Some of the original 15 criteria were eliminated because they did not lend themselves to tabulation or they could be grouped with other criteria. For example, the matrix could not directly consider the issue of geographic distribution since it addresses each preserve individually. Staff also evaluated the suitability of opening or closing an entire preserve to dogs. Higher scores indicate preserves that are more suited to dog access. Following is an explanation of the criteria used in the matrix. EXPLANATION OF ACCESS CRITERIA 1. History of dog use (0=no, 3= unsanctioned use, 5= sanctioned use) Previous dog use of an area, both sanctioned and unsanctioned, is reason to consider continuation of that use. People are accustomed to taking dogs there, the site is usually close to residential areas, t i i read disturbed.and s al ::: ►t :. f 1 € >. << s Unsanctioned ..:: .... use rates lower than sanctioned use. 2. Dogs allowed on connecting trails (0=no, 3=no, but major public road separates preserve and "no dog" trail, 5=yes/ or no connecting trails) Consistent use on connecting trails is important because of the difficulty of managing areas with conflicting uses. The highest rating is given to preserves that connect with areas where dogs are already allowed, or where there are no connecting trails to "no dog" areas. If dogs are not allowed on adjacent trails, the rating is low. If a major public road must be crossed to get to the "no dog" trail, this is considered a sufficient barrier to rate a medium value. In some cases, a preserve connects with both dog and no dog areas. This also rates medium. 3. Use (0=high, 3=moderate, 5=low) This rating reflects the relative number of people visiting a preserve as well as types of use and potential for conflict. Dog access impacts and conflicts increase as use and types of use increase. Weekends are the time when most dog users visit, so the rating is based primarily on existing weekend use. The use information may come from formal counts and/or from informal field staff assessment. 4. Miles of trait (0=< 1 mi., 1= 1-5 mi., 2=>5 mi.) Giving credit to preserves with more miles of trail is a good way to comply with the objectives to "provide more extensive hiking opportunities", and "provide habitat variety". 5. Loop trails (0=no, 2=yes) More loop trails was a specific request from dog user groups. Preserves with loop trail possibilities rate higher than those without. 6. Parking (0=very limited, 3=limited, 5=ample) Staff considers parking a critical factor. Since allowing dogs will increase the need for parking, preserves with existing "ample" parking score highest. Ratings are based on the number of parking spaces in relation to the number of preserve visitors. Some preserves with poor parking may score well for other reasons. In these instances, dog access should be postponed until adequate parking is developed. 2 7. Road-width trails/ good visibility (0=no, 3=same, 5=all/most) Because of the intention to open or close an entire preserve to dog access, preserves that have many road-width trails or trails with good visibility are rated highest. Wide trails reduce the opportunity for dog/people, people/people, and dog/dog conflict. They also increase safety and facilitate patrol and enforcement. 8. Conflicting special use (0=yes, 5=no) A goal identified by the Dog Use Committee research was to: "Avoid special use zones such as environmental education sites, certain types of agricultural areas, construction or significant restoration sites, equestrian staging areas, and ranger or rental residences". Environmental education sites are emphasized when assigning scores in this category. Environmental education sites include nature centers, educational farms, and surrounding areas, as well as interpretive trails. The other areas are normally signed and/or fenced off from public use, with the exception of equestrian staging areas. 9. Disturbed habitat (0=little, 1=some, 2=most) This score reflects the relative amount of disturbance remaining from past use. Heavy recreational use, presence of buildings and other facilities, and past agricultural practices all increase disturbance. Preserves that were heavily disturbed but have recovered well, even though not really "undisturbed", can still rate "low" or "medium" habitat disturbance. Since non-native plants such as broom and star thistle tend to invade disturbed areas, their number is a good indicator of "high" rchanged from their original habitat Areas of hi h disturbance typically are greatly disturbance. g typ Y g Y types. 10. Habitat sensitivity (0=high, 5=medium, 10=low) "Habitat sensitivity" is based on a combination of factors. Based on knowledge of habitats in the District, staff ranked habitat types from most sensitive to least sensitive as follows: ■ Wetlands (ponds, creeks, marsh, baylands) ■ Grasslands (many small mammals such as squirrels and rabbits, open areas invite easy chase, ground nesting animals, perching raptors) Grasslands offer more opportunity for dogs to run freely, but also are home to populations of rodents and rabbits - natural prey of dogs. The presence of medium-sized mammals such as raccoon, coyote, grey fox, and bobcat may also stimulate dog chase behavior. ■ Oak woodland (preferred deer habitat, abundant birds, ground nesting animals) ■ Redwood forest (wildlife generally less abundant) ■ Chaparral (dense brush and steep slopes discourage off-trail chases) ■ Previously disturbed areas Wetlands next to trails are rated as more sensitive to dog impacts than those away from trails. This is especially important where there is no buffer of thick brush between the trail and the water. Areas serving as direct water sources for residences are considered sensitive. Habitats with sensitive wildlife species and/or wildlife accessible to dogs, are also considered more sensitive. 3 ..::.::.::.:::;.:.:.:<.:«;.:+t:•::•::•:+•>:»;".:>;>:;;.>:.>::::;:r:::" •;:;':;;:::?�::>'<:::`::>'ss`::::'::>:::;;:;;::>::;;:::-::;';:`::;':;�::';:j�`;r:;<:>:;:.:;:::::::x'::;;:;:,:;::.:Ss::�:::::':.;:.:::;;:>�ii`::i::<:;%::::;•'.::::i<;i:;:o-::::;':;;s'z:':i:::.::::.:5::';:5< <:;:.:;;:;':::::.;: hi tttt dtfptt �Q�d five uxtvhih ry .................. ..... ...... 1i::v.�i:•::::•._v::'ii::.:::.::'�:is i:::::::::::..:.:•:nv :"riX:i::•i:v:;•ii:v}::i:.::i•:;:::..:::::. i+::::::i::,''`:ji::::wti`}ti;:}ti;:i:•i$:•$:::v:.ii:.::iiii::;:v:;:•Y�}'•i.ii:::•:ti:•:"•:;.}:•::.i:.k.i:.:':.:':.:.iii:}�:•::::::`::::.�:::..:;::':;>:,:<,}}_i.:i:.::... .. .::: .. .... .. ..... or ter der + ads Q �ts deicrxttt con di 4 -. Staff rating (0=low, 1=medium, 2=high) The "Staff rating" category comes from questionnaires distributed to all staff. Not all staff may wish to vote, depending on their familiarity with the preserves. In the current matrix, the low rating = 0-5 votes, medium = 6-11, high = 12-16. The matrix does not address off-leash use. The off-leash issue is especially controversial for the District. The majority of staff, in their responses to the questionnaire, feel dogs belong on-leash for protection of wildlife, the public, and to protect dogs from other dogs. Many believe that voice control is impossible to enforce and do not want to be'put in the subjective position of enforcing it. Creating a separate, defined, area for off-leash dogs will increase the District's management costs and responsibilities. Such intensive use areas have traditionally been the function of city and county parks, rather than "preserves". PROCESS FOR ASSESSING PRESERVE SUITABILITY FOR DOG ACCESS Attachment A provides the format for evaluation when new preserves are considered. A change in do access may be proposed during the use and management planning process `;; it ;;: ....: g Y PxPo g _...... s � d wzlStmder The matrix should be updated by 'tm itx according to the following process: ■ research relevant attributes of proposed preserve by visiting site, consulting field staff, and reviewing existing information about the preserve ■ prepare table with factual information on preserve attributes ■ circulate table to planning and operations staff for review, and refine table accordingly ■ use information from table to fill out matrix (see Attachment 2 for matrix format). Determine if there are areas in preserve which should be closed to dog access because of habitat sensitivity, user conflicts, or other reasons. ■ prepare and administer staff survey to use for completing staff rating item of matrix ■ assess preserve scores in relation to other preserves under consideration rare ` :.:. :::...::::::.:::::::::::.::....:..::.. ........... ..................................:.:.::.:.:::::::::::::::.:::::::::::.::.:.::...::.:....:.:::::.:::..:.::.........,............................ ...... .:..... :i?m:Y::;;::i;::>:::;:;::}:.:>:o->o->:;.>:•>::.:�y::a<•ssv+::o-y>s>:;r.:'::>8.:.::.::.:.:_:.a:<"c;.:.�>y::::,yy+tt"�}.:t>s::..1.'.�..::;.,r::}>ksry;�:'a'"::::i':;>% ;�'<:r�.i';;:;i`'S';'>::�`>:;:•s:;:?:j::'�;;y:.>y:>,�%s;.}".:yj::{.?:;:>:::;�::;{<;;:;`:;:;:;cS;:;:;;;;:...:;:;::>:::>:::::;;::;':':;:'i'�:;;:::;;;+s;:: ... _ p .... iV t;AL4l:i....::; k' �ui7: 7VAi} .t: 11�.�t i�1fAl }. - 4%c ;:; V.4::;:��r•�'a. �!?7!:; :::;K. and fax tln :» .. .. r A change in dog access requires an amendment to the preserve's use and management plan. The amendment must be presented to the Board for review and approval, along with supporting documentation. In this way, neighbors and interested constituents will be advised of the potential change in use as a part of the District's public notification policy. 4 Once a change,in dog access has been made, impacts must be monitored. If allowing dogs causes unacceptable impacts, access must be modified to correct the problem. Any such changes in dog access would most likely require a formal amendment to the use and management plan ! t!` ! 5 PRESERVE SUITABLILITY FOR DOG ACCESS {Draft 9/19/951 s —°� 7 • ct rii a PRESERVE 1. HISTORY OF DOG USE 3 0 0 � 0 0 0 0 y 3 0 0 0 3 0 3 0 0 0 0 3 0=no, 3=unsenctioned use, 5=sanctioned use , 2. DOGS ALLOWED ON CONNECTING TRAILS 5 5 5 5 O 3 0 0 1 3 0 0 5 0 0 5 5 3 0 NO. 0 5 Mil0= no, 3= no,but major public road separates preserve and'no dog'trail 5=yes/or no connecting trails fix•,# . ,,, $, 3. USE 5 3 5 O 5 O 0 0 3 $ 0 0 0 5 3 3 3 5 3 5 } 5 5 0-high, 3-moderate, 5=low x 4. MILES OF TRAIL 1 2 1 its 'f 1 1 2 1 T 2 2 0 2 1 2 2 2 0 r: 0 0 0= <1 mi., 1= 1-5mi., 2= >Smi, S. LOOPTRAILS 0-no, 2-yes 2 2 0 3 Y ., 2 � 2 2 2 � 2 2 2 0 2 0 2 0 2 0 '����< 0 0 6. PARKING 0-very limited, 3-limited, 0 3• 0 3• 3 5 5 5 4'< 5 5 3 5 5 5 3• 0 5 3 »,.5,: 0 3 =t< �' 5=ample 7. ROAD-WIDTH TRAILS/GOOD VISIBILITY 5 3 5 i45; 5 3 0 3 3 ,4 3 3 3 5 3 0 5 5 3 5F. 3 O 3 � 0=no, 3=some, 5=all/most ?a f 8. CONFLICTING SPECIAL USE(nature center,winery, 5 5 5r 5 5 f 0 0 0 5 0 5 5 5 5 5 5 0 5 5 5 interpretive trail,farm) }' t 0=yes. 5=nor , ..:a r :f 8. DISTURBED HABITAT 0=little, 1=some,2=most 1 1 1 a� . ,.. ,'� ...; 1 O :; 0 1 1 1 1 0 2 1 1 0 1 0 1 1 �"��s�;.;�;! 1 1 s 10.HABITAT SENSITIVITY O=high, 5-medium, 5 5 10 9tT0 5 i? 5 0 5 %1& 0 0 5 0 5 5 10 10 0 0 y 5 5 10=IOW 11.ADJACENT TO URBAN AREA 0=no, 3-limited, 3 0 3 3 3 0 0 3 3 5 5 5 3 0 3 0 0 3 3 3 ` 12.STAFF RATING 2 2 / 2 $ 1 Z 0 0 1 3x 2 0 0 0 1 0 2 1 0 0 0 1 0=low, 1=medium,2=high ' ,;: TOTAL 37 31 36 « '4t 36 25" 16 13 244f ; 29 18 25 32 33 19 44 33 19 22 sue.;;; 19 34 24f ri NOTE: Higher score =better suitability for dog access. ElShading =Dogs currently allowed. •Additional parking is planned for the preserve. Regional Open Space R-95-117 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-21 September 27, 1995 AGENDA ITEM Dog Access Policy Questions USE AND MANAGEMENT COMMITTEE'S RECOMMENDATIONS Adopt the policies regarding dog access outlined in the committee's report. DISCUSSION At the June 28, 1995 Regular Meeting the Board directed the Use and Management Committee to consider four specific questions regarding policies or regulations for dog access (see report R-95-16). The Use and Management Committee held a public meeting on September 6, 1995 to consider these questions, including further input from staff and the public. The meeting was noticed to the list of persons concerned about dog access. Information provided to the committee by staff is included in this report, along with the recommendations formulated by the committee. 1) Entire preserve should either be open or closed to dogs, rather than part open. Staff report: This is preferable for management and public information purposes, but having part of a preserve open to dogs is not necessarily unmanageable. Dog access ending at a trail junction can be unmanageable. For example, trails in the El Corte de Madera trail system are not easily segregated and are confusing to identify on a map. Partial preserve access in this situation would be very difficult to enforce. If there are clear geographic subareas or characteristics that clearly segregate trails, partial preserve access for dogs may be manageable. Windy Hill is an example that works adequately because the trails without dog access have limited connections to the open trails. Sierra Azul is the opposite example from El Corte de Madera. Rather than one preserve that is difficult to differentiate internally, Sierra Azul is actually several interconnected but distinct geographic sub-areas. Having a portion of Sierra Azul, such as Kennedy-Limekiln, open to dogs is not as difficult a management or public information problem as other preserves might be. Committee recommendation: Adopt the following policy statement as part of the Dog Access Criteria: PARTIAL PRESERVE ACCESS The policy objective is that an entire preserve be either open or closed to dogs. This facilitates management, mapping and signing, and avoids confusion on the part of 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 415-691-1200 . FAX:415-691-0485 . E-mail: nirosd@ nelcom.corn &oart1 otDiro tors:Pete Siemens,Mary C.Davey, leena Henshaw,Dovid T.Smernoft,Nonette Hanko,Betsy Crowder,Wim de Wit Geneml Alan?gen I.Craig tfrition R-95-117 Page 2 i visitors. However exceptions may be appropriate. Justifications for opening part of a preserve to dog access may include, but are not limited to the following: • clear geographic features exist that distinguish closed areas from open areas • impact on sensitive wildlife habitat can be avoided • conflict with special use areas (i.e. residential or agricultural lease areas or environmental education facilities) can be avoided 2) Waste clean-up requirements. Staff report: The current District ordinance requires owners to clean up after their dogs where this requirement is signed, but there currently is no signing to this effect. Initially, only areas that experience high use would be signed, such as the beginning portions of trails near trailheads. Whole access trails, such as the Cordilleras Trail at Pulgas Ridge, should be priorities for attention. There are several options for clean-up requirements or procedures: a. Require the public to take waste away with them. We can expect very low compliance; the experiences of other agencies have shown that providing bags for waste clean-up is impractical, at least in non-urban settings. b. Sign to require users to move waste from the trail, rather than clean-up. Although equally difficult to enforce, there might be better compliance. c. Provide receptacles for the waste that the District staff would have to empty. In addition to the direct additional burden on staff, providing such receptacles would tend to attract dumping of other trash that would have to be removed. This would be a significant change in our management practice. Currently, there are no public trash receptacles on District lands. d. Have an agreement with a volunteer group that they would assist with cleanup, by providing bags and receptacles and/or by doing direct clean-up work on the trail. Similar to ROMP, such a group could also provide information and peer pressure to comply with rules. This requires an ongoing commitment from groups or individuals that the District has no way to originate or perpetuate. To date, no such group has come forward or been initiated, in spite of encouragement from the District. Committee recommendation: Install signs requiring owners to clean up after their dogs in popular use areas, such as Pulgas Ridge, Fremont Older, Windy Hill, and St. Joseph's Hill. Initially, enforcement would not be aggressively pursued. Bags or receptacles should not be provided, except through a cooperative arrangement with a dog user group, should the opportunity present itself. If the problem becomes serious enough that there are significant public complaints, consideration should be given to closing the area to dogs. Include a description of these requirements and issues in a pamphlet or brochure that may be provided by a volunteer dog advocacy group. R-95-117 Page 3 3) Consider amending regulations to allow use of retractable leashes. Staff retort: The previous research on this issue included an informal survey of District staff and a telephone survey of the policies of 14 other open space-related agencies in California regarding retractable leashes. Of the fourteen agencies responding, nine require leashes limited to six feet in length, implying that retractable leashes are not allowed. However, six of these agencies indicate that they do not typically cite people with dogs on retractable leashes. Comments from these six agencies indicated that the staff is generally satisfied with the dog being on a leash at all. Three of the fourteen agencies did not specify the length of leash required, and two agencies allowed dogs off-leash. Only one agency, the City of Palo Alto, specifically addressed the issue of retractable leashes; retractable leashes are prohibited except for search and rescue dog training. District staff feel that retractable leashes are acceptable, provided people use them considerately by retracting them when other visitors are encountered. A dog user group might help in educating the public about the proper use of retractable leashes. Retractable leashes should not be prohibited, but neither should they be formally allowed, as a fixed six- foot leash is preferable. Current regulations require use of a six foot leash. Users of retractable leashes are not typically cited by District rangers, although they may be warned to keep the leash retracted to six feet. Extended leashes are not practical in congested situations or in situations where other users may be encountered without warning. A regulation that allows retractable leashes, but requires them to be contracted to six feet in certain areas and situations, will be difficult to write, communicate to the public, and enforce. Staff is also concerned that allowing retractable leashes may increase the number of bicyclists and equestrians entering preserves with dogs, potentially creating a greater number of trail use conflicts. Committee recommendation: Draft language is attached to address retractable leashes. 4) "Vicious Dog" Regulations Staff r : The attached memo from Research Attorney D. Blackman indicates that regulations restricting specific dog breeds are impractical to enforce. This would put field staff in the position of judging and defending that the animal has characteristics of the restricted breed. Furthermore, many dog owners and groups actively oppose these regulations as being grossly unfair. Committee recommendation: Retain the existing regulation placing responsibility for dog behavior and control on the owner (701.3, Nuisance Dogs, in the attached regulations). Prepared by: Randy Anderson, Planning Manager John Escobar, Operations Manager Contact person: Betsy Crowder, Use and Management Committee Chair Dog Regulation Revisions Sept. 18, 1995 DRAFT 701.2 Leash Required No person shall allow or have a dog within a designated area, unless the dog is on a leash not to exceed 6 feet, or on a self-retracting leash with a maximum extended length of 25 feet, and under control at all times. The self-retracting leash must have the capability of being retracted and locked in a position not to exceed 6 feet. Within a designated area, no person shall have or allow a dog on a lead greater than 6 feet when: a) Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable, public roadway, rest room, visitor center, ranger station, or other special use area where contact with other visitors or District staff is likely; b) Within 50 feet of any person that is not a member of the group with the dog; or c) Within 50 feet of any reservoir, pond, lake, creek, stream, bay, tidal area, or flood control channel. ORDINANCE NO. 93-1 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: a) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; b) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a do-, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of an anim al zl on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if it poses a health hazard, a public nuisance, i or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. Op en Space ° �� ����° ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM August 25. 1995 TO: S. Schectmman' District Counsel FROM: D. Blackman, Research Attorney SUBJECT: Breed Specific Dog Regulations Presented:Questions Review of dog monesm on District lands raised the question whether it is appropriate to enact an ordinance applying to specific breeds of dogs using District lands. 1 . Is legislation applying only to specific breeds of dogs legal? 2' Is breed specific legislation a practicable approach to regulation of dogs on District land? S "mar =�=�. 1 . Legislation applying only to specific breeds of dogs is probably legal only when applied to purebred or nearly purebred dogs u|wme|y matching standards set by established breed clubs. The term "pit bull" for example is probably tom vague because there is no breed named simply "pit bull." Four different breeds recognized by the two rno'or kennel clubs are frequently the subject of "pit bull" legislation, but a large number of other breeds are frequently mistaken for pit bull although they are in no vVoy related. 2. Bread specific legislation is probably not e practicable approach to regulation of � dogs on District land. Breed specific legislation is generally upheld only when it refers � to named breeds of dogs and the standards met by recognized breed clubs. Proving that � o particular dog falls within the ordinance usually requires expert testimony. � Application of breed specific ordinances to mixed breed dm0n presents both legal and practical difficulties. Whether even an expert can adequately identify a mixed breed dog is itself subject to controversy. Regulation defining prohibited dog behavior is probably a more practicable approach than breed specific regulation. Such regulation is more |iho|y to be supported by all users. Properly drafted it has a stronger legal and evidentiary basis. Specificity aids enforcement and understanding of what is necessary to uurnp|y. The existing District regulation as to nuisance onirna|a is sufficiently specific for present purposes. District legal staff will review other agency ordinances to determine if � mr� rmnornrn�nd�d additional provisions ' � Background: � Municipalities have long regulated 6nus that have a history of aggression or � viciousness. More recently however, some agencies have enacted ordinances designating certain breeds as dangerous or vicious. These ordinances may regulate or prohibit certain breeds regardless of the temperament or behavior of the individual � � � - animal. East Boy Regional Park District, for example, requires that "pit bulls" be kept leashed even in areas where dogs are permitted off |naah.' � Discussion: � No California court has directly considered the legality of regulations specific only to certain breeds ofdogs. Nationwide results have been mixed. Most courts uphold breed � specific regulations as sufficiently rationally related to accomplishing a proper purpose. Other courts disagree, holding that the evidence is insufficient to establish m rational basis between identification of a particular breed of dog, and the purpose to be � accomplished by the ordinance. Even if the regulation is rationally related to � oucmrnp|imhin8 o proper purpose it might be struck down if it is too vague to provide � adequate notion to the dog owner as to which dogs are subject to the regulation. � Vagueness is the most common legal problem with breed specific ordinances. � Ordinances thatdo not narnathe specific breed umuaUyfoii For exarnp|o' regulations � applicable to "pit bulls," without reference to specific breed names or standards, do not provide enough information for the dog mvvnar to determine whether o particular dog is � affected. There is no bread known simply as a "pit bull." Four breeds are commonly named in ordinances, and many others are mistakenly labeled as pitbulls by the layperson. The lack of specific standards also gives the enforcing official an unacceptable degree mf discretion to use arbitrary standards. Most ordinances that have been upheld against claims of unconstitutional vagueness are very specific, defining the breed by reference to standards established by breed clubs such as the American Kennel Club and the United Kennel Club. Some ofthose ordinances include provisions for mixed breeds that show some of the physical characteristics of those named breeds. Many courts have struck down those parts of the ordinances because itim too difficult for the dog owner, and even experts, to determine whether the ordinance applies to a particular mixed breed dog. Some courts � uphold the legality of such ordinances which include dogs of mixed ancestry, but � comment on the problems posed to the enforcing officials in proving the violation. � � Breed specific regulation is Very controversial and difficult to administer. To enforce such ordinances on District land, for example, might require signing that names the breeds and the breed clubs in which the breeds are recognized. It vvmu|d also require training of enforcement personnel in the identification of those breeds and in distinguishing those breeds from others. |t might not be possible to enforce such ordinances against mixed breed dogs that had only some of the physical characteristics � of the named breed. Breed specific regulation is usually intended to avoid specific types qf behavior believed tm predominate in the breed. Whether aggression orother ' behaviors are mm predictable in certain breeds as to justify separate treatment of the breed isa hotly debated topic. A more direct approach iotm regulate the behavior. This has the advantage of wider acceptance and clearer standards resulting in easier � administration. m Captain La Pera ofEBRPD Public Safety Department states that ordinance has never been enforced based on breed alone, that it is enforced only when o dog is showing aggression. � Regional n Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-109 Meeting 95-21 September 27, 1995 AGENDA ITEM Proposed Addition of Anthony Property to Mt. Umunhum,Area of Sierra Azul Open Space Preserve / k GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the Anthony property. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Anthony property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. 3. Indicate your intention to withhold the property from dedication as public open space at this time. 4. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. DESCRIPTION (see attached ma >a) The property being considered for acquisition is located along Loma Prieta Road on the prominent ridge between Mt. Umunhum and Loma Prieta. The property lies within the San Francisco Bay Area Ridge Trail corridor and offers excellent views of Mt. Umunhum and Los Gatos Creek watershed. Portions of the Mt. Umunhum Area of Sierra Azul Open Space Preserve adjoin the property on the north, west and east. This is an important acquisition because it includes a segment of Loma Prieta Road and it will help complete the southern portion of the preserve. The 12.65-acre rectangular-shaped property is characterized by gentle slopes and dense vegetation, consisting primarily of overgrown christmas trees and scrub. The northern most portion of the site is nearly level and bisected by Loma Prieta Road. The majority of the property extends south of the road and slopes more steeply towards Los Gatos Creek. Vegetation is dense and consists primarily of overgrown Christmas trees and scrub. Improvements are limited to remnants of service roads, a small dry reservoir and a roadside fence. 30 Distel Circle Los Altos, CA 94022-1404 * Phone:415-691 1 200 - FAX:41 5 691 0485 - E-mail:mrosd r�n€_tc_ni.c 3" �om.com 0 B0,ird of Dire(tors:fete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff, Nonette f tanko,Betsy Crowder,Wim de Wit General Mxugei:t.Craig Britton R-95-109 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160 acre minimum lot size dependent on the average steepness of the property. Santa Clara County's Draft Trails Master Plan identifies the road passing through this property as a segment of the San Francisco Bay Area Ridge Trail that will connect Lexington Reservoir Recreation Area to Mt. Madonna County Park. This property is rated in the District's Open Space Master Plan as having moderate to high composite open space values and are important in terms of potential outdoor recreation, wildlife habitat, and scenic backdrop. Loma Prieta Road passes through private property to the east and west of the property, but public access is not encouraged at this time. Preliminary Use and Management Plan Recommendations Public Access: Designated Conservation Management Unit; public use will not be encouraged until use limitations can be sufficiently overcome. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Name: Name the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve. Roads: Maintain Loma Prieta Road to meet vehicular patrol standards. Signs: Install private property and preserve boundary signs where appropriate. Public Safety Review: Property has been inspected and there are no known hazards. CEQA Determination It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. R-95-109 Page 3 This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS In accordance with the terms of the attached purchase agreement, the price of the property is $95,000.00 to be paid in cash at the close of escrow. The purchase price of$95,000.00 is based upon the fact that the property is a separate legal building site with frontage on Loma Prieta Road, with a well that provides a year round water source. The price is consistent with other real estate transactions in this area. BUDGET CONSIDERATIONS 1995/1996 Budget for Land Acquisition Previous land (Hosking) $6,260,000 New land 7,987,000 $14,247,000 Expended to Date Hosking (all Notes) $6,258,515 Bartkowski 187,500 Sempervirens 300,000 Rancho de Guadalupe ($lM Notes) 6,750,000 $13,496,015 Amount Remaining $ 750,985 Anthony Property Acquisition Proposed on this Agenda *$ 95.000 Acquisition Budget Remaining $ 655,985 *Controller M. Foster has been consulted on this proposed acquisition, and considering cash flow and availability, funds are available for this property purchase. Although this property purchase was not originally scheduled during budget preparations, the $250,000 savings on the Rancho de Guadalupe acquisition makes this transaction possible. Prepared by: Del Woods, Senior Open Space Planner Mike Williams, Real Property Representative Contact person: Mike Williams, Real Property Representative r ¢< z • y :£ " � �"."'� °`...� `"!��•.d,� r. = �.,�-,. �.�'�b,�, � —mil --�_`:rr/ , �' I VIN aig fit t ems' � "��s� � , _- •�• 3� • s . ? • i ti� RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AGREEMENT TO PURCHASE REAL PROPERTY, 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 ANTHONY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Agreement to Purchase Real Property between Stella K. Anthony and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. Section Four. The General Manager of the District is authorized to expend up to $1,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Resolution Page 2 Section Five. It is intended, reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$95,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. AGREEMENT TO PURCHASE REAL PROPERTY This Agreement is made and entered into by and between STELLA K. ANTHONY, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desire, to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately twelve and sixty five one hundredths (12.65) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-20-10. Said property being further described in the Legal Description attached to Preliminary Title Report number 206341 from Valley Title Company, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be Ninety Five Thousand and No/100 Dollars ($95,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. Agreement to Purchase Real Property Page 2 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Valley Title Company, 300 South First Street, San lose, CA 95113, (408) 292-7150 (Escrow number 205705) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before October 6, 1995, provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing of an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Ninety Five Thousand and No/100 Dollars ($95,000.00). (e) Seller shall pay for the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the customary escrow procedures. Agreement to Purchase Real Property Page 3 (f) Seller shall cause Valley Title Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of $95,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the full purchase price of the Subject Property (less Seller's portion of the expenses described in Section 3(e)), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further wan-ants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 rA =. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). 6. Seller's Representations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. Agreement to Purchase Real Property Page 4 6.01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6.02 Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. 6.03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Property. Except as otherwise provided herein or by "press written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. (a) Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties Agreement to Purchase Real Property Page 5 to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) The Property does not contain any Hazardous Waste or underground storage tanks; (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Seller's best knowledge, threatened litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. Agreement to Purchase Real Property Page 6 (c) Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein, or arising from related to or connected with the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair*market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256), and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights seller may have to the fair market value of said Property, appraisals, etc., as provided for by said Federal Law and any corresponding California Government Code Sections. 10. Miscellaneous Provisions. 10.01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. 10.02 Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. Agreement to Purchase Real Property Page 7 10.03 Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the perfor- mance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 10.04 Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10.05 Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Stella K. Anthony 7375 Phinney Way San Jose, CA 95139 (408) 578-6967 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton General Manager (415) 691-1200 FAX: (415) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt Agreement to Purchase Real Property Page 8• or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 10.06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. 10.07 Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. 10.08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. 10.09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter. 10.10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 10.11 Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. 10.12 Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party Agreement to Purchase Real Property Page 9 without the prior written approval of the other party. 10.13 Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as,may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 10.14 Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. 10.15 Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 10.16 Captions. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 10.17 Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. 11. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before September 15, 1995, District shall have until midnight September 27, 1995 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. Agreement to Purchase Real Property Page 10 Agreement xecuted b their F h parties hereto have caused this to be e IN V'V][7'IdFSS WHEREOF, the py duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Stella K. Anthony Date: APPROVED AS TO FORM: Sue Schectman, District Counsel RECOMMENDED FOR APPROVAL: L. Craig Britton, General Manager I APPROVED AND ACCEPTED: President, Board of Directors i ATTEST District Clerk Date: EXHIBIT A VALLEY TITLE COMPANY PRELIMINARY REPORT XX300 South First Street-San Jose,95113(408)292-7150 —2160 South Bascom Avenue,Ste.3-Campbell,95008(408)371-7891 —1710-A Miramonte Ave.-Mountain View,94040(415)968-4427 —10625 South De Anza Boulevard-Cupertino,95014(408)253-7630 —2354 Alum Rock Avenue-San Jose,95116(408)251-8500 APN: 562-20-10 ESCROW NO. 206341 (SH) Dated as of August 17 , 1995 at 7:30 a.m. In the event of cancellation, a minimum charge of $200.00 will be made. If the escrow has not closed within 90 days from the date hereof,cancellation will be effected unless other provisions are made. In response to the above referenced application for a policy of title insurance VALLEY TITLE COMPANY hereby reports that it is prepared to issue or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PUR- POSE OF FACILITATING THE ISSUANCE OF A POLICY OFTITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. Standard Extended The form of policy of title insurance contemplated by this report is: coverage Coverage 1. California Land Title Association Standard Coverage Policy 1____j �1 2. American Land Title Association Owner's Policy L 3. American Land Title Association Residential Title Insurance Policy o E= 4. American Land Title Association Loan Policy 0 5. Other 95) _ _., .__._ . _ r 08-17-95 206341 page 1 SCHEDULE A 1 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee II 2 . TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: I, SEE EXHIBIT "A" 3 . THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, AND IS DESCRIBED AS FOLLOWS: (Cont 'd on next page) 206341 page 2 PARCEL ONE• BEGINNING at the point of intersection of the dividing line between Sections 27 and 28, Township 9 South, Range 1 East, M.D.B. & M. , with the Northeasterly line of Rancho Soquel Augmentation; thence from said point of beginning, Northerly along said dividing line between Sections 27 and 28 to the Northeasterly corner of Lot 4 of said Section 28; thence Westerly along the Northerly line of said Lot 4, for a distance of 440 .00 feet; thence Southerly and parallel with said dividing line between Sections 27 and 28 to a point on said Northeasterly line of Rancho Soquel Augmentation; thence Southeasterly along said last named line to the point of beginning, and being a portion of Lot 4 in Section 28, Township 9 South , Range 1 East, M.D.B. & M. PARCEL TWO: BEGINNING at a point in the Northerly line of Lot 4, Section 28, Township 9 South, Range 1 East, M.D.B. & M. , at the Northwesterly corner of that certain tract of land described in the Deed from Erle C. Hart, et al, to A. Donadei, dated March 22 , 1958 and recorded March 25 , 1958 in Book 4037 of official Records , page 278, Santa Clara County Records; thence from said point of beginning, Westerly along the Northerly line of said Lot 4 for a distance of 60 .00 feet; thence Southerly and parallel with the Westerly line of land so described in the Deed to said Donadei to the point of intersection thereof with the Northerly line of the Rancho Soquel Augmentation; thence Easterly along the Northerly line of said Ranch to the Southwesterly corner of land so described in the Deed to said Donadei ; thence Northerly along the Easterly line of land so described in the Deed to said Donadei to the point of beginning, and being a portion of Lot 4 , Section 28, Township 9 South, Range 1 East, M.D.B. & M. 206341 page 3 EXHIBIT "A" STELLA K. ANTHONY TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED: FROM: Alec Anthony and Stella Anthony, husband and wife, as joint tenants DATED: April 18 , 1990 RECORDED: May 2 , 1990 Book L342 , Page 291 , of Official Records INSTRUMENT NO. : 10508613 DOCUMENTARY TRANSFER TAX: $-0- MAILING ADDRESS: Alec and Stella Anthony 7375 Phinney Way, San Jose, CA 95139 AND TITLE OF THE VESTEE HEREIN WAS ACQUIRED BY DEED; FROM: Stella K. Anthony, Executrix of the Estate of Alec Anthony, aka Alan Anthony, aka Al Anthony DATED: December 15, 1992 RECORDED: December 29 , 1992 Book M562 , Page 2239 , of Official Records INSTRUMENT NO. : 11711149 DOCUMENTARY TRANSFER TAX: $-0- MAILING ADDRESS: Stella K. Anthony 7375 Phinney Avenue, San Jose, CA 95139 206341 page 4 SCHEDULE B At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1 . Taxes for the fiscal year 1995-1996 a lien, but not yet due or payable . a . The lien of supplemental taxes, if any, assessed pursuant to provisions of Chapter 3 .5 (commencing with Section 75 ) of the Revenue and Taxation Code of the State of California, and/or any additional taxes which may be assessed for added improvements or changes of ownership, subsequent to March 1 , 1975 . 2 . "Subject to any vested and accrued water rights for mining, agricultural , manufacturing, or other purposes , and rights to ditches and reservoirs, used in connection with such water rights , as may be recognized and acknowledged by the local customs, laws, and decisions of courts , and also subject to the rights of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law" , by instrument recorded April 26, 1892 in Book E of Patents, at page 244 . 3 . The right of the public to use as a roadway so much of the herein described premises lying within the bounds of Loma Prieta Road. 4 . An easement for the purpose shown below and rights incidental thereto as set forth in a document Granted to: The Pacific Telephone and Telegraph Company, a corporation (No representation is made as to the present ownership of said easement ) Purpose: single line of poles and appurtenances Recorded: April 11 , 1960 Book 4758, Page 745, of Official Records . Affects: portion of premises lying within Summit Road 5 . The recordation of an affidavit of the facts that establish the right of Stella K. Anthony, surviving spouse of Alec Anthony, alias, Deceased, to make the disposition of said land, the death of the decedant being disclosed by Probate No. 126976, Superior Court, Santa Clara County . (Cont 'd on next page) 206341 page 5 6 . Water rights, claims or title to water , whether or not shown by the public records . END OF SCHEDULE B NOTE 1: Taxes for the fiscal year 1994-1995 have been paid . Assessor 's Parcel No. 562-20-010 . Code 72-007 . First Installment $133 .52 . Second Installment $133 .52 . (Full Cash Value: Land $9 ,912 .00 ) NOTE 2 : If this Company is requested to disburse funds in connection with this transaction, Chapter 598 , Statutes of 1989 mandates hold periods for checks deposited to escrow or subescrow accounts. The mandatory hold period for cashier 's checks , certified checks and teller ' s checks is one business day after the day deposited. Other checks require a hold period from three to seven business days after the day deposited . NOTE 3: If a 1970 ALTA Owner ' s or Lender 's or 1975 ALTA Leasehold Owner 's or Lender 's policy form has been requested , the policy, when approved for issuance, will be endorsed to add the following to the Exclusions From Coverage contained therein: Loan Policy Exclusion: Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors ' rights laws, that is based on: ( i ) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer • or ( ii ) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or ( iii ) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer ; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor . (Cont 'd on next page) 206341 page 6 Owner 's Policy Exclusion: Any claim, which arises out of the transaction vesting in the Insured, the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency or similar creditors , rights laws , that is based on: ( i ) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer ; or ( ii ) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer ; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor . NOTE 4: THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within five years prior to the date of this report are as follows: Grantor : Stella K. Anthony, Executrix of the Estate of Alec Anthony, aka Alan Anthony, aka Al Anthony Grantee : Stella K. Anthony, as her sole and separate property, Decedent ' s fifty percent community property interest Recorded: December 29 , 1992 Book M562 , page 2239 of Official Records . (Last insured date : None ) # OFFICE OF COI ASSESSOR SANTA CLARA COUNTY, CA'-IFORNIA BOOSC Gn6E f 562 20 1 C0"11LM IN SRN 2 21 'OFT yE W►TE•YY XTMrIr M CWC ` / `• O �_+_FRED E.CAAiSON—ASSESS3r } �'OR ti+d T.9 S., R.1 E. - -- R.O.S. 535/51 h I, �.259 .43 1 ( •p 'e s•d� 259 8.4 3 R (ac.Ac} I (so.aa 21I6AC. 1oAC. 28A0C .icy 40.5 C. iI I � \ 40AC.) 20AC. I,n1.75 I O o / s W.S. y G N SCALE 1�•80C' i 773,34 AC. TOTAL � ( :57.38AC.) 24 I 4l7 .09AC.) + 4c zc. I ( 160 Ac.) i `b+ F3C9J.45AC.�, 12l.31AC)(44 SSa:.) 27— 2—AZ TOTAL —J l A MIDPENINSULA REGIONAL OPEN 1 Q - ; w-a. N SPACE DISTRICT (12.52AC.,) 4� 00 440 o q 265 :3.C: �� l 1 J281AC. (80.AQ r 3 } 11 a f n 599 rS Q D rn ss'o, Z 33 2 1 1?0 Ar— TOTAL � z — — 1 8 N , 3.2 W.35 O 0 2-.95aC. f , 45r O To Tay �� 1 C. �• Y=224375 i 1 - R.O.S. 63J /25 12 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92) WITH ALTA ENDORSEMENT - FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services,labor or materials(or the claim or priority of any statutory lien for services,labor or materials over the lien of the insured mortgage)arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (i i) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to purchaser for value or a judgment or lien creditor. The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) and AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential j transfer results from the failure: ` (a) to timely record the instrument of transfer; or i (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. i I The above policy forms may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage,the Exceptions from Coverage in a Standard Coverage policy will also include the following General Exceptions: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. I • I ' • i LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. r Date of Policy,but not excluding from 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at y g coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy,but created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or failure of any subsequent owner of the indebtedness,to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim,which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: t. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Any facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements,liens or encumbrances,or claims thereof,which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by the public records. 5. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(c)water rights,claims or title to water,whether or not the matters excepted under(a),(b)or(c)are shown by the public records. I Reorder Form No. 12599 (Rev. 2/93) AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY(6-1-87) EXCLUSIONS In addition to the exceptions in Schedule B,you are not insured against loss,costs,attorney's fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division • improvements on the land • environmental protection This exclusion does not apply to the violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2.The right to take the land by condemning it,unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking 3.Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in item 3 of Schedule A,or • in streets,alleys,or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. EXCEPTIONS FROM COVERAGE In addition to the Exclusions, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Someone claiming an interest in your land by reason of: A. Easements not shown in the public records B. Boundary disputes not shown in the public records C. Improvements owned by your neighbor placed on your land 2. If, in addition to a single family residence, your existing structure consists of one or more Additional Dwelling Units, Item 12 of Covered Title Risks does not insure you against loss, costs, attorneys' fees, and expenses resulting from: A. The forced removal of any Additional Dwelling Unit, or, B. The forced conversion of any Additional Dwelling Unit back to its original use, if said Additional Dwelling Unit was either constructed or converted to use as a dwelling unit in violation of any law or government regulation. i I I I O w U � O w a c� VALLEY TITLE COMPANY 300 SOUTH FIRST STREET, SAN JOSE 292-7150 FAX 971-7133 ALUM ROCK BRANCH CUPERTINO BRANCH 2354 ALUM ROCK AVE. 10625 SOUTH DE ANZA BLVD. SAN JOSE,CA 95116 CUPERTINO, CA 95104 PHONE 251-8500 PHONE 253-7630 FAX 251-6763 FAX 253-8530 PRUNEYARD BRANCH MOUNTAIN VIEW BRANCH 2160 SOUTH BASCOM AVE., STE.3 1710-A MIRAMONTE AVE. CAMPBELL, CA 95008 MTN.VIEW, CA 94040 PHONE 408-371-7891 PHONE 415-968-4427 FAX 408-371-4638 FAX 415-968-1316 Locally Owned and Operated PROMPT, EFFICIENT, AND COURTEOUS TITLE AND ESCROW SERVICE. VTC 212(Rev.5/94) I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-110 Meeting 95-21 September 27, 1995 AGENDA ITEM Proposed Exchange of Interests in Real Property with Rhone-Poulenc, Inc. to Acquire Public Trail Easement in Exchange for a Storm Drain Easement (Ravenswood Open Space Preserve) GENERAL MANAGER'S RECOMMENDATION 1. In the event that all Board members are present, adopt the first resolution approving the Agreement to Exchange Interests in Real Property, and finding that the granting and releasing of the real property interest is in accordance with the District's Basic Policy and is not detrimental to the open space character of Ravenswood Open Space Preserve, and finding and determining that, pursuant to Section 5540.5 of the Public Resources Code, this exchange of rights and obligations is of equal value and is necessary for park or open space, or both purposes. 2. In the event that not all Board members are present or that the Agreement to Exchange Interests in Real Property is not approved by a unanimous vote of the Board's seven members, adopt the second resolution approving the Permit to Enter and the License Agreement for the storm drainage facility as set forth in the Agreement to Exchange Interests in Real Property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the public trail easement, if acquired, as an addition to Ravenswood Open Space Preserve. 4. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in this report. DISCUSSION In June 1995, Rhone-Poulenc, Inc. requested an easement to construct and enlarge a storm drainage facility at a channel next to the District's pedestrian bridge at the Bay Road entrance to Ravenswood Open Space Preserve. Rhone-Poulenc owns a nearby property south of Bay Road and is required by the Regional Water Quality Board to improve their storm water drainage as part of their remedial plan to clean-up their site. There is an existing smaller storm drain access hole located just outside the Ravenswood entry gate on Bay Road, which empties into an existing flap gated pipe into the channel near the District's bridge. This storm drain will be replaced with a larger 30-inch pipe draining into a concrete outfall �130 DtstEl circle � Los Altos, CA 34022-1404 � F _ r 'hone:415-691 1200 - FAX:415-691-0485 . E-mail: mrosdrsnetcom.com Board of Ohre(toc :Pete Siena=n>,Mary C.Davey, Teena Henshaw,David 1.Smernoff, Nonette I ianko,Betsy Crowder,Wim de Wit General Manager L.Craig Britton R-95-1 10 Page 2 structure. This new storm drainage facility will tie into a drain pipe along Bay Road that will carry storm water runoff from the Rhone-Poulenc and PG&E sites. Concurrently, Rhone-Poulenc, Inc. is negotiating for purchase of an adjoining property owned by PG&E that includes the levee adjacent to Palo Alto Baylands. The District is interested in obtaining a twelve foot wide trail easement on the levee of the PG&E property to facilitate the extension of the San Francisco Bay Trail. The District has proposed an exchange of easements contingent upon Rhone-Poulenc's successful acquisition of a portion of the PG&E property. The exchange of easements would be as follows: 1) Rhone-Poulenc would grant the District approximately 1119 feet of trail easement along the levee at the eastern border of the PG&E property; and 2) District would grant a ten foot wide storm drainage easement across Bay Road to Rhone-Poulenc. Since Rhone-Poulenc does not currently own the PG&E property, the District will issue a Permit to Enter for the purposes of installing a new storm drainage facility immediately. As security to ensure the future exchange of easements, Rhone-Poulenc, Inc. will deposit $10,000 in a non-interest bearing account with the District. If, after five years, Rhone- Poulenc does not acquire the PG&E property and cannot convey the trail easement to the District, it will forfeit the security deposit. The proposed trail easement will provide for implementation of a section of the San Francisco Bay Trail extending from the existing trail southerly from Bay Road approximately 1119 feet along the existing levee. This trail easement is part of a critical link connecting the Preserve to Palo Alto Baylands. There are still two additional easements that need to be acquired before the trail can be extended from this proposed trail easement to the existing section of Bay Trail at Runnymede Street. The new storm drainage facility has been approved by the Regional Water Quality Control Board and the City of East Palo Alto. East Palo Alto will eventually take over maintenance responsibilities of the drainage facility from Rhone-Poulenc, Inc. The new facility will drain a much larger area that includes the Rhone-Poulenc site, which has been contaminated with arsenic. Rhone-Poulenc has taken extensive measures to clean up and contain contaminates on their site, the adjoining PG&E site to the north, and a portion of the Torres site to the south. Contaminated soils have been removed, treated, and/or capped with asphalt with an impermeable bottom layer. Thus, water flowing into the new drainage facility should be cleaner than in the past. In addition, water flowing from the site will be monitored for arsenic by Rhone-Poulenc, Inc. along Bay Road. Rhone-Poulenc, Inc. has also agreed to revegetate the project area with appropriate native plants. R-95-1 10 Page 3 NOTE: This proposed project was determined by the General Manager to be of limited concern or importance to property owners adjacent to Ravenswood Open Space Preserve, and therefore, adjacent property owners were not notified of the proposed actions recommended to the Board for approval. USE AND MANAGEMENT PLAN The following use and management plan recommendations are applicable to the proposed trail easement to be acquired from Rhone-Poulenc, Inc. Assuming the trail easement is successfully transferred to the District, the recommendations contained in this report will be incorporated into the Comprehensive Use and Management Plan for Ravenswood Open Space Preserve. Preliminary Use and Management Plan Recommendation Dedication: Indicate your intention to dedicate the trail easement as public open space. Nam: Name the trail easement as an addition to Ravenswood Open Space Preserve. Public Access: Open the section of trail to the public on the levee between Bay Road and the southern boundary of the trail easement, following installation of fences, stile, and signs. Improvements: Install fencing, stile, and signs where necessary; include private property signs to discourage trespass. Safety inspection: Staff has inspected the property and determined there are no public safety hazards. The Regional Water Quality Control Board has tested and found the levee to be clean from hazardous substance contamination. CEOA COMPLIANCE agject DescrWtion The project consists of enlarging an existing storm drain facility and the acceptance of a public trail easement. The trail easement, when conveyed to the District, will be opened to the public for low-intensity recreation. CEOA ]2ggermination The District concludes that this project will not have a significant effect on the environment. R-95-1 10 Page 4 It is categorically exempt from CEQA (California Environmental Quality Act) under sections 15304, 15317, and 15061. Section 15304 exempts minor public alterations in the condition of land, water, and/or vegetation. Section 15317 exempts the acceptance of easement interests in order to maintain the open space character of an area. The actions proposed in the Preliminary Use and Management Plan to the Ravenswood Open Space Preserve are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. Prepared by: Michael Williams, Real Property Representative Jean Fiddes, Administrative Services Manager Contact Person: Michael Williams, Real Property Representative RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A DEED FOR THE REAL PROPERTY INTEREST BEING RELEASED, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF EASEMENT TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (RAVENSWOOD OPEN SPACE PRESERVE - LANDS OF RHONE-POULENC, INC.) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula. Regional Open Space District does hereby accept the offer contained in that certain Agreement to Exchange Interests in Real Property between Rhone-Poulenc, Inc. and the Midpeninsula Regional Open Space District dated September 21, 1995, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute the Deed granting the real property interest being conveyed by the District. Section Three. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance to the deed conveying title to the property interest being acquired by the District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the transaction. Section Five. The Board of Directors finds that the granting and releasing of the real property interest is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Ravenswood Open Space Preserve. Resolution No. Page 2 Section Six. The Board of Directors finds and determines that, pursuant to Section 5540.5 of the Public Resources Code of the State of California, this exchange of rights and obligations is of equal value and is necessary for park or open space, or both purposes. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING OFFICER TO EXECUTE A LICENSE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF EASEMENT TO DISTRICT AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION (RAVENSWOOD OPEN SPACE PRESERVE - LANDS OF RHONE-POULENC, INC.) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula. Regional Open Space District does hereby authorize the issuance of a Permit to Enter to Rhone-Poulenc, Inc., a copy of which is attached hereto and by reference made a part hereof, and authorizes the General Manager or appropriate officers to execute the Permit on behalf of the District. Section Two. The President of the Board or other appropriate officer is authorized to execute a License Agreement on behalf of the District, as set forth in the Agreement to Exchange Interests in Real Property. Section Three. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance to the deed conveying title to the property being acquired by the District. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the transaction. i PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a California Public District (hereinafter "District"), and Rhone-Poulenc, Inc., a New York Corporation, its officers, directors, shareholders, agents, employees, contractors, predecessors, successors, assigns, purchasers, and subsidiaries (hereinafter "RP"). The parties hereby agree as follows: 1.0 PROPERTY District grants RP a Permit to enter a portion of District's Ravenswood Open Space Preserve designated in Section 2.0 of this Permit (hereinafter "Property") for the purpose and subject to the conditions set forth below. 2.0 PURPOSE This Permit to Faster is for the sole purpose of removing the existing storm drain facility and constructing, installing, and maintaining a new larger storm drain pipe (30" in diameter) and a concrete outfall structure in the same location (hereinafter "Project"). The Project shall be constructed within the area described in Exhibit I, attached hereto and incorporated by this reference, and in accordance with the following plans: Storm Drain Improvements, Bay Road and Vicinity, dated February 22, 1995, prepared by Geomatrix Consultants, Inc. The sole purpose of the storm drain facility is to collect and transfer stormwater and direct it into the existing channel on the Property. Discharge of any other substance is expressly prohibited. 3.0 CONSIDERATION In consideration of the granting of this Permit, RP agrees to enter into the attached "Agreement to Exchange Interests in Real Property", a copy of which is attached hereto, marked Exhibit H, and incorporated by this reference. RP shall deliver a fully executed copy of said Agreement and the security deposit required therein to District prior to issuance of this Permit. 4.0 PERMIT CONDITIONS The construction Project shall be subject to the following permit conditions: a. RP shall insure that the construction plans, techniques, and materials shall conform to the specifications and standards of the City of East Palo Alto, the County of San Mateo, the Regional Water Control Board, the District, and any other government agencies with jurisdiction over the Project. - J Page 2 b. RP will be responsible for obtaining any and all necessary permits for the construction and installation of the storm drainage facility as designated in Exhibit I, attached hereto. C. RP shall supply District with copies of any and all permits and final sign-off on such permits. d. RP shall notify District at least 48 hours prior to commencement of any work and/or entry onto District Property. e. RP may enter the Property only for the purpose of installing or maintaining the Project or monitoring the Project's compliance with applicable laws. L Right of entry is limited to RP and its officers, directors, employees, consultants, or contractors. 9. RP may bring onto the Property only such persons, vehicles, and equipment as are reasonably necessary for the installation, maintenance or monitoring of the Project. h. RP shall limit its activities on the Property to the operational area depicted on Exhibit I and may not conduct activities outside this area without the written approval of the District. L Once construction begins, the Project will be completed within 30 working days. j. RP will ensure that all District trails and roads be kept open for public preserve visitors, District staff vehicles, and emergency vehicles at all times during construction. k. RP shall restore the impacted area to its previous conditions, including the restoration of the native plantings and vegetation which existed prior to the installation of the drainage facility, and shall maintain them for one year. 1. RP shall be responsible for properly maintaining the drainage facility. This shall be a continuing responsibility after the expiration of the term of this Permit. RP may assign responsibility for proper maintenance of the facility to City of East Palo Alto or other third party upon written approval of the District, which approval shall not be unreasonably withheld. M. RP will leave the surrounding site in a condition equal to or better than that which was originally found. Page 3 n. RP agrees to directly make available to District all water sampling and analysis reports affecting the Property, which may from time to time be required by the Regional Water Control Board or other government agency or which may be conducted by RP in its discretion. RP further agrees to conduct water quality analyses in accordance with any applicable permit at a manhole or other appropriate place in the storm drainage facility, which includes water runoff and other water discharges from the Rhone-Poulenc property and from the real property of PG&E. A copy of these analyses shall be sent to the District. 0. If the Regional Water Quality Control Board requires a Storm Water Runoff Plan, RP shall supply District with all copies of said Plan. P. Even if not required by the Regional Water Quality Control Board, the District shall reserve the right to require RP to test water quality within the storm drainage facility at a manhole or other appropriate place which includes water runoff and other water discharges from the Rhone-Poulenc property and from the real property of PG&E, if there are reasonable grounds to suspect that a discharge of hazardous substance is emanating from property owned by RP. q. RP shall notify District upon completion of work for a final inspection by District prior to removal of equipment. 5.0 TERM Provided RP has entered into the Exchange Agreement with District and provided the Security Deposit required therein, as set forth in Exhibit H, attached hereto, this Permit shall issue and shall continue in effect unless and until terminated by mutual consent of the parties. Access to the Property for the purposes of constructing and installing the storm drainage facility shall commence on September 28, 1995 and end October 28, 1995, provided however, that the period for construction access may be extended for up to thirty (30) additional days upon written permission of the District. RP may continue to enter the Property solely for purposes of maintenance of the storm drainage facility, water quality monitoring, and native plant restoration. 6.0 NOTICE Any notice or notices required or permitted to be given pursuant to this permit to enter may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: Mdpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attention: L. Craig Britton, General Manager (415) 691-1200 (415) 691-0485 (FAX) Page 4 RP: Rhone-Poulenc, Inc. Attention: Robert L. Ferguson Manager, HS&EA P. O. Box 12014 Research Triangle Park, NC 27709 (919) 549-2571 (919) 549-2300 (FAX) 7.0 DAMAGE AND LIABILITY RP agrees that the use of equipment and tools on the Property of the District shall be done with all reasonable care, diligence, and precautions to avoid damage to the land, property, or personnel of the District or to the public. RP agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of RP under this Permit, both on and off the Project. RP hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to property, and releases the District from liability to the extent such claims and liability were not caused by the negligence of the District and provided such claims are related to RP's activities under this Permit or RP's use of the project site, premises, or facilities under this Permit. RP and its contractors and subcontractors shall have sole responsibility for the safeguarding of their equipment, property, and personnel (i.e., employees, agents, officers) from any and all injury, death, or damage as a result of this Project. RP shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of the construction work, and shall indemnify District against any and all claims, liabilities, or losses, including attorneys fees, on account thereof. 8. HAZARDOUS SUBSTANCES INDEMNIFICATION RP shall indemnify, defend, and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities, losses, damages, and costs, foreseen and unforeseen, including without limitation,attorney, engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on or in the Property, when the existence of such hazardous substance arises out of, is attributable to or is caused by any activities, acts or omissions by RP, either off-site or on-site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by RP. RP shall be responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand due to potential or actual hazardous substance contamination on the Property, including any and all costs of remediation and cleanup, Page when the existence of such hazardous substance contamination arises out of, is attributable to, or is caused by any activities, acts, or omissions of RP, either on-site or off-site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by RP. District shall provide prompt written notice to RP of its receipt of any such claims or orders. As used herein, "hazardous substance" means any substance the placement, storage or removal of which is prohibited or regulated by federal, state, or local law, on account of its toxicity, flammability,or corrosiveness, including,without limitation,PCB's, benzene, asbestos, arsenic, lead, cadmium, selenium, and mercury. 9. INSURANCE Throughout the term of this agreement, RP, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and Pe injury and property damage. Limits shall be not less than $1,000,000 per occurrence. This permit is not valid without RP insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name the District as an additional insured. Throughout the term of this agreement, RP, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation insurance covering all its employees as required by law. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. RHONE-POULENC, INC. By Date Rhone-Poulenc, Inc. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Date: L. Craig Britton, General Manager Attest: Jean Fiddes, District Clerk EXHIBIT I N 0 20' 40' liy� I J OUTFALL STRUCTURE G CpOE �- 10 CATCH BASIN MANHO SE / MANHOLE o / CONSTRUCTION WORK AREA Fig1 DEOMATRIX MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Project No. EAST PALO ALTO, CALIFORNIA 1220 J DIX G\IP2nsi�n6 GW-pom➢VG Mn["24 3M TM I 9 M _ Exhibit II The Agreement to Exchange Interests in Real Property is referred to as Exhibit II AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY THIS AGREEMENT is made and entered into by and between RHONE-POULENC, INC., A New York Corporation, its officers, directors, shareholders, agents, employees, contractors, predecessors, successors, assigns, purchasers, and subsidiaries (hereinafter "RP"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California Public District, hereinafter referred to as "DISTRICT". WITNESSETH A. District owns certain real property which is part of Ravenswood Open Space Preserve located in the City of Menlo Park, County of San Mateo, and commonly known as Assessor's Parcel Number 63-590-04, as shown on attached Exhibit A, designated thereon as "Parcel 1". B. RP desires to obtain a ten (10) foot wide storm drainage easement over Parcel I from District. District's Parcel I has been dedicated as public open space in accordance with Section 5540 of the Public Resources Code of the State of California, which allows the exchange of certain real property rights on a limited basis by unanimous vote of the members of the District's Board of Directors. C. RP owns a neighboring property located in the City of East Palo Alto, County of San Mateo, commonly known as Assessor's Parcel number 63-240-02,designated as "Parcel III" on said Exhibit A, which property is improved with a chemical manufacturing facility. RP is also currently negotiating the purchase of a portion of the adjacent PG&E real property located in the City of East Palo Alto, County of San Mateo, commonly known as State Board of Equalization parcel number 135-41-27, designated as "Parcel 11" on said Exhibit A. D. In exchange for said drainage easement over District's Parcel 1, District desires to obtain a twelve (12) foot wide public trail easement on the existing levee upon Parcel II, approximately 1119 feet in length, when and if RP completes the acquisition of Parcel II. In the event RP is unable to acquire a portion of Parcel H, RP will forfeit a$10,000 deposit to be paid to District as good faith. NOW THEREFORE ITS MUTUALLY AGREED AND UNDERSTOOD AS FOLLOWS: 1. RP SECURITY DEPOSIT' RP shall deposit $10.000.00 with District in anon-interest bearing account, as security to ensure the granting of a public trail easement upon the levee over Parcel 111, hereinafter referred to as the "Security Deposit". In the event RP is successful in negotiating the purchase of a portion of Parcel II within 5 years from the date hereof, and the desired public trail easement is deeded to District, the Security Deposit will be refunded to RP in full. If after five years from the date hereof, the desired public trail easement is ngl granted to the District, RP will forfeit the Security Deposit in its entirety to District. 2. DISTRICT PERMIT TO ENTER GRANTED TO RP In consideration of the terms and conditions of this Exchange Agreement, District will immediately grant to RP the Permit to Enter and Construct the proposed drainage facility within said ten (10) foot wide storm Agreement to Exchange Interests In Real Property - RP Page 2 drainage easement over Parcel I. Said Permit to Enter and Construct shall be in the form of Exhibit B, as attached hereto. 3. EXCHANGE OF EASEMENTS If and when RP purchases a portion of Parcel 11, RP and District will exchange easements as follows: A. Upon the unanimous vote of the members of the District Board of Directors, District Will grant to RP a ten (10) foot wide storm drain easement over Parcel I. The purpose of the easement will be to collect and transfer rainwater and direct it into the existing channel. Discharge of any other substance is expressly prohibited. The location of the easement will be as shown on Exhibit A. The easement will be subject to all permit conditions described in the Permit to Enter, attached hereto as Exhibit B. In the event this Agreement is not approved by a unanimous vote of the members of the District Board of Directors, and in lieu of said storm drain easement, District will issue a License Agreement for the storm drainage facility. The License will be subject to all permit provisions and conditions described in the Permit to Enter. B. RP will grant to District a twelve (12) foot wide trail easement on the levee at the eastern border of Parcel H, subject to any other easements held by third parties on Parcel H. The location of the trail easement will be as shown in Exhibit A. District will.return the Security Deposit to RP upon the grant and recordation of the trail easement in favor of District. C. Said trail easement will be granted to the District for the purpose of public pedestrian, equestrian, and bicycle trail use, and limited vehicular traffic by District, its employee's, agents, and contractors for ingress and egress to and from the District's adjacent Ravenswood Open Space Preserve as necessary for District maintenance, repair, and patrol of said public trail. District will not allow or use vehicles on such trail which will harm or threaten the stability of the levee. D. If after five years, RP does W grant the trail easement to the District, as prescribed by this Agreement, RP will forfeit the Security Deposit in its entirety to the District. 4. PAYMENT OF FEES All processing, legal, engineering, surveying, recording, and other fees, if any, connected with the granting or recordation of either easement, shall be paid by RP. 5. HAZARDOUS SUBSTANCES INDEMNIFICATION RP shall indemnify, defend, and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities, losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering, and other professional or expert fees, due to the existence of any hazardous substance of any kind on or in Parcel 1, when the existence of such hazardous substance arises out of, is attributable to or is caused by any activities, acts or omissions by RP, either off-site or on-site, or arises out of, is Agreement to Exchange Interests In Real Property - RP Page 3 attributable to, is caused by or emanates from any real or personal property owned by RP. RP shall be responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand due to potential or actual hazardous substance contamination on Parcel I, including any and all costs of remediation and cleanup, when the existence of such hazardous substance contamination arises out of, is attributable to, or is causes by any activities, acts, or omissions of RP, either on-site or off-site, or arises out of, is attributable to, is caused by or emanates from any real or personal property owned by RP. District shall provide prompt written notice to RP of its receipt of any such claims or orders. As used herein, "hazardous substance" means any substance the placement, storage or removal of which is prohibited or regulated by federal, state, or local law, on account of its toxicity, flammability, or corrosiveness, including, without limitation, PCBs, benzene, asbestos, arsenic, lead, cadmium, selenium, and mercury. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. MIDPENINSULA REGIONAL OPEN SPACE R H O N E-P O U L E N C, INC. . DISTRICT A NEW YORK CORPORATION APPROVED AS TO FORM: By Susan Schectman, District Counsel Date ACCEPTED FOR RECOMMENDATION: By L. Craig Britton, General Manager Date APPROVED President, Board of Directors District Clerk Date I :.2• "I", :._ ..._..::.. ::.:. ::........ ...,. ................. Yam]....,. _...,..,-. ... :: ::• ... .. ,.,J.. ...-`. , ............._, :. f... ... .... ,., . ... .......... ::::.. .......:::::•i:•::: ,...... ""', �, , ;:.. .. Exhibit ..... , . ....::::::. ................ ::.;::: .. . r._ r. .............. ................. ...... ...... ...., ..,. 2 r- �{25: :: : :: :is > ...........::::. ::: f 2 ........::................................. .:.... 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'.;:- .. .,.;%% 1:/{•`L{-SYt.F":. i_' .. :t:T�\ '?:[}?f'`?C,.: I.-S _... ,.._ .:. r Exhibit A 2of2 � y I VI i ' 00 i1 / r 1 ' f \\ EAST PAW ALTO--'/ ' Qa�ce CITY LIMIT .rrr -STORM DRAIN EASEMENT �C ' 'fir V r'' Parcel II Proposed 12 ' wide Parcel III trail easement CITY LIMITS FOR EAST PALO ALTO PER SERIAL NO, 33060775, RECORDED JUNE 17, 1983 (COUNTY OF SAN MATEO RESOLUTION NO. 44269) G ,� BY: DAR PROJECT: 122D J I DATE: 8/10/95 I of 2 File No. 85125-42 (802) July 18, 1995 THM EXHIBIT "B" LEGAL DESCRIPTION Being a Ten (10) Foot wide Storm Drain Easement lying in a parcel of land conveyed to the Midpeninsula, Regional Open Space District by grant deed filed June 22, 1981 in series # 58323AS in the office of the Recorder, County of San Mateo, the centerline of said easement described below situated in the City of East Palo Alto, County of San Mateo, State of California, being more particularly described as follows : BEGINNING at a point on the Southwesterly line of said parcel and from which the centerline of Bay Road: bears South 44 degrees 30 minutes 00 seconds East, 5 .40 feet; thence leaving said Southwesterly line and along the centerline of said storm drain easement North 23 degrees IS minutes 00 seconds East, 7 . 29 feet and North 5 degrees 13 minutes 08 seconds East, 57 .86 feet to the POINT OF TER-MINATION of said Ten (10) Foot Wide Storm Drain Easement . % FESSI FL Ph' lip R. i RCE 28 Ev,3-M46 Expiratio 31/98 it J!A. 0 C of 2 EXHIBIT " B" CITY OF EAST PALO ALTO 4, SAN MATEO COUNTY, CALIFORNIA o o � 0 N Go o� MIDPENINSULA REGIONAL OPEN SPACE DIST. CO SERIAL NO. 58323AS N N01'31 '15"W z N88•38'47"W 10' WIDE STORM 104.70' 381 .53' DRAIN ESM T. � ; N05.13'08"E O� , 57.86' O, �4200 ,► , ���2� � o ti P.0.S. ai N3 9 O O, � P�-�� 26 P co DETAIL LO NOT TO SCALE cf� �Q 00 p0 N 23'23'00"E ' 61 .13' ' A C 00 0' 200' 400' 800' �r SEE. DETAIL ABOVE 10' WIDE STORM DRAIN EASEMENT { MARK THOMAS & CD. INC. am*rm avb aces c ar® st GCS job o4 D"T xIa om IV THM � 1 I of 2 EXHIBIT "C" LEGAL DESCRIPTION TWELVE FOOT WIDE TRAIL EASEMENT BEING A TWELVE (12) FOOT WIDE TRAIL EASEMENT LYING WITHIN A PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION DATED FEBRUARY 2, 1953 AND RECORDED IN BOOK 2363 OF OFFICIAL RECORDS AT PAGE 175 IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND BEING THE SOUTHEASTERLY TWELVE (12) FEET OF SAID PARCEL, LYING CONTIGUOUS TO AND BEING MEASURED AT RIGHT ANGLES NORTHWESTERLY FROM THE SOUTHEASTERLY LINE OF SAID PARCEL OF LAND. THE SIDE LINES OF SAID STRIP OF LAND TO BE LENGTHENED OR SHORTENED SO THAT THE NORTHERLY TERMINUS OF SAID TRAIL EASEMENT SHALL BE THE NORTHERLY LINE OF A THIRTY (30) FOOT WIDE ROADWAY EASEMENT GRANTED TO THE COUNTY OF SAN MATEO IN BOOK 5263 OF OFFICIAL RECORDS AT PAGE 412, RECORDS OF COUNTY OF SAN MATEO, AND THE NORTHERLY TERMINUS OF SAID TRAIL EASEMENT SHALL BE THE SOUTHERLY LINE OF SAID PARCEL. � i s f EASEMENT TO COUNTY OF SAN MATEO-- VOL. 5263 D.R. PAGE 412 Ei G' 100' 200• f ' PACIFIC GAS AND ELECTRIC COMPANY VOL. 2363 O.R. PAGE 175 l3j f 1 2 ' TRAIL EASEMENT f fc y RHONE-POULENC. INC n_ SERIES NO. 9320794801 G� MELVIN CURTACCIO SERIES NO. 89097619 41, O � N 1 12 WIDE TRAIL EASEMENT CITY OF EAST PALO ALTO SAN MATEO COUNTY, CALIFORNIA Regional n Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-122 Meeting 95-21 September 27, 1995 AGENDA ITEM Reduction of Bicycle Helmet Violation Bail GENERAL MANAGERS RECOMMENDATION �V Approve the reduction of th&overall fine for violating the District's bicycle helmet regulation from $76 to $49. BACKGROUND At your July 28, 1993 meeting, you approved a comprehensive list of bail schedule recommendations to be forwarded to the presiding municipal court judges in Santa Clara and San Mateo Counties (report R-93-83). The presiding judge a of each municipal court accepted the District's recommendations. However, final determination of the bail assigned to each n M regulation is the responsibility of the municipal courts. The Santa Clara County Municipal pal Court recently informed the District that the court will now accept bail schedule recommendations only during the month of September. DISCUSSION The current bail for a bicycle helmet violation is $25. The court adds a $51 penalty assessment fee for a total fine of $76. Staff is reporting that judges in both counties are regularly reducing this fine when the violator chooses to appear in court. Although compliance with the helmet law is estimated to be near ninety percent, rangers are making more court appearances for this violation than any other. A reduction in the overall fine should result in fewer court appearances for the ranger staff and fewer reductions of the fine in court. Staff is recommending that the bail be reduced to $15, which would result in a penalty assessment of $34 and an overall fine of$49. With your approval, staff will forward this recommendation to the presiding judge of each municipal court. i Prepared by: John Escobar, Operations Manager Contact person: Same as above 330 Distel Circle - t.os Altos, CA 940.�.�.w 22-1404 * Phone:415-691-1200 • FAX:41 5-691-0485 « E-mail: mrosd rs netcom.com 0 Board of Directors:fete Siemens,Mary C. Davey,l eena Renshaw, David T Smernoti,Nonette t lanko,Betsy Crowder,Willi de Wit Genoml Mmwger't Craig Britten Regional Open Space a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-114 Meeting 95-21 September 27, 1995 AGENDA ITEM Agreement with California Department of Forestry and Fire Protection to Conduct a Controlled Burn at Russian Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS Authorize the General Manager to enter into an agreement with the California Department of Forestry and Fire Protection to conduct a controlled burn at Russian Ridge Open Space Preserve. DISCUSSION For some years, the District has been interested in working with the California Department of Forestry and Fire Protection (CDF) to conduct controlled burns on District lands. Last year, a proposed burn on'Monte Bello Open Space Preserve was called off due to personnel being called away to fight other burns. Staff has continued to work with CDF and has proposed conducting a controlled burn on Russian Ridge this fall to help maintain the grassland ecosystem. In August, District staff met with Craig Herrett, a CDF Battalion Chief, and David Wachtel, the CDF Vegetation Management Program coordinator, to discuss this proposal. The burn would be designed to achieve the following objectives: 1. Reintroduce fire to a grassland ecosystem requiring fire. 2. Maintain ridgetop as grassland by controlling thistle and coyote brush encroachment. 3. Eliminate thatch - enhance one of the District's finest wildflower areas. 4. Reduce fire hazard - ridgetop grassland can function as a firebreak to stop fires coming up from east or west. 5. Provide interagency hands-on training. 6. Develop a model program to educate public. The burn would be conducted under CDF's Vegetation Management Program (see attached excerpts from brochure). This is a cost and work-sharing program in which CDF pays 85% of the costs and participants pay the remaining 15%. The 15% can be offset by in-kind labor, i.e. providing disc lines, pumper trucks, etc. Thus, the burn could occur at essentially no cost to the District. Los Altus, CA 94022-1404 Phone: 415-631-1200 - FAX:415 691 048 ai .._.. .. 1.con1 330 C)tstel Circle a � ' c � � 485 � E-mail: mrosd«n�tcom.com Board of Oiro(fors:Pete Siemens,Mary C. Davey, Teena 1 Ienshaw, David l Smernoff,Noncette Hanko,Betsy Crowder,Wirn de Wit G norm/Matmger.t Craig Britton R-95-114 Page 2 CDF will take the lead on the project. They will prepare the burn plan, prepare the CEQA compliance documents, select the burn day, obtain all permits, provide personnel and equipment to conduct the burn, publicize the burn, and assume liability for the burn. Afterwards, they will patrol the site to mop up hot spots. The District would provide information needed for the CEQA compliance (vegetation and soils maps, wildlife and archaeological information), help prepare the site for the burn, and provide staff to help conduct the burn. CDF would like to conduct the burn by mid-October after the first rains. The initial burn should be contained by existing roads and of a size that could be burned in one day. District staff propose burning the northern part of Russian Ridge, bordered on the north by the Norton disc line, on the west by the Alder Springs Trail, on the south by the Mindego Trail, and on the east by Skyline Boulevard (see attached map). If conditions are favorable, CDF proposes extending the southern boundary of the burn to Alpine Road. This would benefit the wildflowers which are most prevalent in this area. Staff supports this proposal because controlled burning will benefit the preserve and is consistent with the following Resource Management Policies: 3.3 Restore fire to a more natural role in preserve ecosystems ■ Work with the California Department of Forestry and other appropriate fire management and regulatory agencies to develop and carry out plans that use prescribed burns to maintain natural systems. 3.2 Maintain, restore, or simulate natural ecological processes where feasible 4.1 Maintain the diversity of native plant communities ■ Control invasive non-native plants. ■ Manage native grassland sites to encourage reestablishment and perpetuation of California native grasses. The northern part of Russian Ridge has been heavily invaded by thistle and coyote brush. Neighbors on Crazy Pete's Road have complained about thistle spreading to their lands. Burning would reduce the thistle seed bank. It could also reduce the annual grass seed bank. Reducing competition from thistle and annual grasses could encourage the growth of wildflowers and perennial grasses. Follow-up (burns in successive years, reseeding with native perennials) would be necessary to achieve lasting control. Neighbors of Russian Ridge Open Space Preserve have been notified of the proposed District action on the controlled burn. In addition, the Public Affairs Manager is coordinating with the information contact from CDF to ensure that the bum is well-publicized. R-95-114 Page 3 CEOA Compliance The California Department of Forestry and Fire Protection will act as lead agency for this project and will prepare CEQA documentation. The District will act as Responsible Agency, reviewing and commenting on the documentation. Prepared by: Alice Cummings, Resource Planner Randy Anderson, Planning Manager Contact persons: Randy Anderson, Planning Manager John Escobar, Operations Manager COAL CREEK OPEN SPACE PRESERV6,and RUSSIAN RIk_ _jE OPEN SPACE PRESFftVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOOTHILLS PARK N City of Palo Alto ( pen to Palo AIw tesi is Only) 40D 1 C_'�2xw `..�. 0 Ml.Melville leoo $• _ +600 0.8 R COAL CREEK Alpine Road is OPEN SPACE managed and maintained •� PRESERVE tl��"o�- cc052000 view y� , by San Mateo County _ l 0.7 pi�+:f c5'0.4 0.3 t 0.2 / \ \ IRR06 \ lltll Nl `� `I \ ICCUxI 1606 0.5 U.S 2000 0.4,_,_ S rCfoj�\ 2 ra 2200` w1eo41M NT V 0.3 lMWAO - PEN l ��\ 0.3 SPACE PRESERVE o.3 ICC011 '- RUSSIAN RIDG&�\ 2/W OP N-SOACE Oral '=�� 0 0.2 \ PRESERVE 0.s ) 0.3 ,6Ro — \ ' ,1- fncienr O x � a r 1 pJpige T.,Jr 0.3 xoo"� C•'•, 2OW 18W 1.0 (RRex) ® .H 1.0 /� • (sROs) 0.1 fb -� 41,r �� SKYLI E RIDr Alpine �se 1e�`\ /� OPEfV SPACF Pond PRi ER _ (RR03) 12 l 00 .._._Alpine Cre� IN 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0 One Mile Trail Use Map Legend Hiking Only 1.0 ® ® ® O F Hiking,Equestrian Gate(as) Trail Distance in Miles Roadside Parking Parking Lot Reslrooms Residence Other Public Lands Hiking,Bicycling, ® ® © O Equestrian ian _...— ____ Note: Creek Driveway-Authorized Whole Access Trail Ranger Facility Nature Center Point of Interest No Public Entry Dogs are not allowed Vehicles Only on these preserves f C�LIFGNMIA ��EMr H RggE pE�eF1PE MOrECt/��' C F . ®DF The VMP burn is designed to be a cost-sharing and work-sharing project. Participants are responsible for private benefits(10%or more of the esti- California Department of The California Department of mated burn cost,depending on land Forestry and Fire Protection Foresty and Fire Protection plans management objectives).The cost Post Office Box 944246 for and conducts prescribed burns on share amount may be credited to con- Sacramento,CA 94244-2460 private land and contiguous public tributions of labor,equipment,or (916)445-5620 land. It closely monitors each bum, other agreed-upon offsets. Partiei- keeping track of local and regional pants often arrange to offset their Vegetation Management weather conditions well before and,of entire share of the burn cost b course,throughout the day of the burn. performing specific pre-burn ctivi- California spends millions of dollars Unlike wildfires,prescribed burns can ties and tasks such as cutting fireline each year to battle wildfires. Pre- be designed to burn hot or cool. borders with their own equipment, scribed burning under the Vegetation Under a cool prescription,the tem- feeding fire crews,purchasing fuel,or providing equipment or personnel for Management Program(VMP),a perature of the soil under a burning plan to control unwanted brush and patch of grass is not noticeably above use before,during,or after the burn. other vegetation on private land, normal. Yet such a burn removes eliminates or reduces fuels that carry dead and dying brush and stimulates wildfire. For every dollar spent on germination and resprouting of many prescribed burning,potentially The VMP project begins with a call p g,P Y desirable forage plants. Prescribed millions more dollars are saved in burns have very little impact on to California Department of Forestry and Fire Protection. A CDF represen- wildfire suppression costs. wildlife,except for the beneficial effect of future improved forage and tative will visit the site to determine if A prescribed burn... habitat. Following a prescribed burn, aprpsclribed burn is feasible and then A Reduces unwanted and often ash will temporarily cover the bare initiates the application process. unsightly vegetation Contingent on participant approval, g Y g areas between unburned vegetation._... - A Increases land management options The ash provides a nutrient-rich CDF will develop a Prescribed burn such as grazing,hunting,or fishing fertilizer and an excellent seed bed for plan for the property with considera- g g� g A Reduces wildfire suppression costs, new plants. tion of follow-up treatments to by breaking up fuel continuity that enhance the effects of the proposed contributes to large conflagrations burn. The burn prescription will A Reduces damage to watersheds due match the objectives of landowners as to erosion and downstream water Burns are most effective on large long as environmental quality quality deterioration caused by blocks of land within the same standards are maintained. wildfires watershed. For this reason,and to 0 Reduces the hazardous effect of increase other program benefits,the The watershed benefits of a single smoke on air quality during a California Department of Forestry and good burn can continue over five to wildfire Fire Protection(CDF)often attempts ten years. Large-scale burns may be 0 Enhances wildlife and fisheries to recruit neighboring landowners to done in stages and repeated every habitat: new sprouts,more forage participate in a VMP burn. Another several years,enhancing and protect- access,and improved water flows benefit of joint participation is that ing the overall quality of an entire A Enhances visual and aesthetic neighbors can sit down together to watershed and all its uses. surroundings to a more parklike formulate a land management plan setting which is required before the burn can The cost of a VMP burn depends on take place. In order to develop a the size and complexity of the area, One or more individuals,associa- workable plan,CDF often helps bring t vegetation tions,corporations,or other entities together diverse neighboring entities it YPe.and frequency o{ suitable burn conditions. The CDF that own or control land are eligible to including farmers,corporations, m project agreement indemnifies all participate in the Vegetation Manage- residents,local government participants against damage liability ment Program. There is no maximum claims. acreage restriction,and the project may include any number of VMP par- ticipants. Regional Open Space ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-112 Meeting 95-21 September 27, 1995 AGENDA ITEM Habitat Conservation Fund Application for the Old Page Mill Road Trail Acquisition Project GENERAL MANAGER'S RECOMMENDATION _. 1. Adopt the attached resolution approving the application to the Habitat Conservation Fund Program for the Old Page Mill Road Trail Acquisition Project. 2. Find that the project is categorically exempt under the California Environmental Quality Act. DISCUSSION The California Wildlife Protection Act of 1990 (Mountain Lion Initiative) established the Habitat Conservation Fund (HCF). The HCF provides $2 million annually from July 1, 1990 to July 1, 2020 to the California Department of Parks and Recreation for the Local. Agency Grants Programs. This program awards 50% matching grants to local agencies to acquire, restore, or enhance wildlife habitat or provide trails and programs that bring urban residents into park and wildlife areas. HCF funds are available for projects in six categories. Four of the six categories are funded each year on a rotational basis. The four categories eligible for funding in fiscal year 1996- 1997 include: 1) wetland habitat; 2) habitat for rare, endangered, threatened or fully protected species; 3) trails and programs; and 4) riparian habitat. The application deadline for this funding cycle is October 2, 1995. The funds will be divided equally between the project categories. Each category will be allocated $500,000. The project must start within three years of the date the grant funds are appropriated in the state budget. All agencies that manage lands acquired with Habitat Conservation Funds are required to prepare, with full public participation, a management plan for lands that have been acquired. The plan shall reasonably reduce possible conflicts with neighboring land use and land owners, including agriculturalists. The plan shall also comply with the California Environmental Quality Act. 3.30 L3istel Circle - Los � � �Altos, CA 94022-1404 « Phone:415-691-1200 - FAX:415-691-0485 - E-mail:mrosd a netcom.corn Board of Oire(tors:Pete Siemens,Maly C.Davey, l eena f lenshaw, David T.Smemott, Nonette Hanko,Betsy Crowder,Wim de Wit Genera!Manager:I_.Craig Britton R-95-112 Page 2 Previous Grant Funding The District has already been awarded three Habitat Conservation Fund grants. They include $1,000,000 for the Jacques Ridge Corridor Acquisition (92/93 Cycle); $325,000 for the Devil's Canyon Acquisition (94/95 cycle); and $212,000 for the Soda Springs Corridor Acquisition (95/96 cycle). The Jacques Ridge and Devil's Canyon projects have been completed. The District also recently received a $340,000 matching grant from the California Transportation Commission under the Environmental Enhancement and Mitigation Program. This grant includes acquisition of parcels on Soda Springs Creek and in neighboring Limekiln Canyon in Sierra Azul Open Space Preserve. The original grant request of$500,000 was partially funded. The $212,000 Soda Springs Corridor Acquisition Habitat Conservation Fund grant is intended to match the $340,000 Environmental Enhancement and Mitigation Program grant to allow the District to complete acquisitions in this area. It should be noted that in the last state budget Governor Wilson merged the budgets for the Habitat Conservation Fund and Environmental Enhancement and Mitigation Fund grant programs, effectively halving available grant funding. The District's applications apparently survived these cuts, but future competition for grants will be doubly competitive. The current grant application will be submitted in the trails and programs category. PLQject Description The District proposes to acquire the lower, eastern 26 acres of the Silva property which totals approximately 233.5 acres. The property is located on Alpine Road in unincorporated San Mateo County, adjacent to the District's 1,612-acre Skyline Ridge Open Space Preserve (see attached map). Acquiring the Silva property will allow the District to complete a trail on the historic Old Page Mill Road alignment connecting with Portola State Park. Old Page Mill Road, an historic logging road, originally extended from Page's Mill (in what is now Portola State Park) to Mayfield (now Palo Alto). The District proposes to reopen the Old Page Mill Road alignment west of Skyline Boulevard as a trail. It would begin at the Bay Area Ridge Trail in Skyline Ridge Open Space Preserve and follow Old Page Mill Road west to Portola State Park, a distance of approximately 3.5 miles. The Old Page Mill Road Trail is listed as a proposed trail in the 1995 San Mateo County Trails Plan. The Silva property contains the only portion of this historic road still in private ownership west of Skyline Boulevard. The rest is within Skyline Ridge Open Space Preserve and Portola State Park. Old Page Mill Road winds gradually downhill, contouring above a tributary of Peters Creek. It passes through the Silva property and then enters the Big Dipper Ranch. The District owns a majority interest (52.44%) in the 768-acre Big Dipper Ranch as part of Skyline Ridge Open Space Preserve. A beautiful old-growth redwood grove in Portola State Park adjoins the south boundary of the Big Dipper Ranch. The grove will make an exciting destination for trail users; the tallest redwood in the Santa Cruz mountains stands in the grove. This area is infrequently visited now because it requires an 11-mile loop trip from Portola Park headquarters. R-95-112 Page 3 The District maintains the first mile of Old Page Mill Road as a trail beginning above Alpine Pond in Skyline Ridge Open Space Preserve. Beyond the first creek crossing the road is overgrown and not maintained, in order to discourage visitors from trespassing on the Silva property. Old Page Mill Road is maintained as a ranch road in a portion of the Big Dipper property, but it reverts to an unimproved trail near both the north Silva boundary and in Portola State Park. Following the proposed acquisition, the District would add the lower portion of the Silva property to Skyline Ridge Open Space Preserve and permanently protect it as open space. The District will work with Portola State Park officials to open the Old Page Mill Road alignment as a hiking and equestrian recreational trail connecting the preserve with the park; bicycles are not allowed on trails in the State Park. CEQA COMPLIANCE Project Description The project consists of the acquisition of 26 acres of land as an addition to Skyline Ridge Open Space Preserve. An existing historic road through the site would be opened as a trail to connect Portola State Park and the preserve. The land will be permanently preserved as open space. The property will be maintained in a natural condition and opened to the public for low-intensity recreation. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Sections 15316, 15317, 15325 and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition qualifies under all three sections. The actions proposed in the grant application are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. Prepared by: Randy Anderson, Planning Manager Contact person: Same as above \:\�\\��•'r-( ,: }'�'_.~=mil /�;��,;��—' •.•\ V ^ �```�```? f�'. MONTE BELLO AL CREE , OPEN SPACE PRESERVE OPEN SPACE PRESERVE 1- 1 Mi. a �`+' mow... \ice'*... � , • r: RUSSIAN RIDGE 00 OPEN SPACE PRESERVE _ o� SILVA SKYLINE RIDGE (PROJECT AREA); , OPEN SPACE PRESERVE -,,Soo `" FORMER BIG ( � `.6 DIPPER RANCH r -Y" � ice. - • - �.� � � �' �, cl a Horrshee \ 0 l ( Rawh -Peters Creek Loop �- J o JQ H PORTOLA STATE PARK' -v LONG RIDGE SITE PLANT OPEN SPACE PRESERVE` OLD PAGE MILL TRAIL ACQUISITION RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 1996-1997 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE FOLLOWING PROJECT: OLD PAGE MILL ROAD TRAIL ACQUISITION WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, said application contains assurance that the applicant must comply with; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 State grant assistant for the project; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match; and will have sufficient funds to operate and maintain the project; and 4. Appoints the general manager as agent of the District to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. SpaceRqglonal Open MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-113 Meeting 95-21 September 27, 1995 AGENDA ITEM Land and Water Conservation Fund Grant Application for the Pulgas Ridge Public Access Improvement Project 4t t GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution approving the application lication for a Land and Water PP g Conservation Fund Grant for the Pulgas Ridge Public Access Improvement Project 2. Make the CEQA findings described in this report. DISCUSSION Land and Water Conservation Fund The Land and Water Conservation Fund (LWCF) is a federal grant program administered in California by the State Department of Parks and Recreation. The fund assists agencies in acquiring and developing parks for public recreation purposes. It is a competitive program guided by specific criteria. Based on debate about funding for the program at the federal level, it is uncertain how much, if any, funding will be available for "state side" projects. Since applications are due on October 2, 1995, the District is proposing to submit this project proposal without knowing if there will be any funding for the program. Over the years the amount of funds available through this program has been significantly reduced, increasing the competitiveness. Only projects reflecting the highest priorities identified in the program's criteria have been funded. The top priority activities include walking, picnicking, bicycling, nature study, and bird watching. Acquisition projects, except for priority wetlands, are rated lower than development projects. Combined acquisition and development projects are not eligible for funding. Support facilities, such as parking areas, restrooms, and undergrounding of utilities, are given 50% of the priority rating of the activity they support. However, support facilities essential for public access to natural resource areas are given full credit. The LWCF program requires a 50% matching contribution. If the grant is funded, the District is expected to fund the entire project amount, 50% of which will be reimbursed when the project is complete. Previous Recent LWCF Grants The District has been successful on many LWCF grants in the past when the program was more generously funded. The Pulgas Ridge Preserve was originally purchased in part with LWCF 330 Distel Circle a Los Altos, CA 94022-1404 - Phone:41 5-691-1200 * c 485 # E-rriail: mrosd@netcom.com hoard of Directors:fete Siemens,Maiy(,,t)3vt y, feena tieirshaw,David 1.Smernoff, Nanette f i,rnko, Bo y Crowder,Wim(it,Wit (;cner,d Al,imi{er I Craig;Britton R-95-113 Page 2 funds. The Cordilleras and Blue Oaks Trails at Pulgas Ridge were constructed with LWCF funding. Even in the recent, more competitive funding cycles, the District has been successful. In fiscal year 1993-1994, the District was awarded $130,000 for the Windy Hill Staging Area Project. In fiscal year 1994-1995, the District was awarded $321,500 for the Saratoga Summit Gateway Project. Pulp-as Ridge Public Access Improvement Project Description The project includes the demolition of the former Hassler Health Home sewage treatment facility, the construction of a new 20-car parking and staging area, restrooms, trailhead signage, and the construction of two new trails. The proposed South Canyon Trail will extend from the Blue Oak Trail through the preserve's south canyon, eventually connecting with the Polly Geraci Trail to form an alternative trail loop that avoids using the paved road sections and bypasses the disturbed former hospital building site. The second proposed trail will connect the proposed parking facility with the "whole access" Cordilleras Trail via the right of way for Edmonds Road. This project will improve access to the Pulgas Ridge Open Space Preserve for a nearby urban population of approximately 500,000 people, and a regional population of almost two and one- half million people. It will also increase the ability of the preserve to provide visitors with a variety of high priority recreational opportunities such as trail hiking, birdwatching, nature study, walking, and picnicking. In addition, the new parking facility, with its connection to the "whole access" Cordilleras Trail, will facilitate use of the preserve by families with young children, the elderly, and people with disabilities. CEQA Compliance Staff prepared the attached Negative Declaration, which was published August 30, 1995. To accommodate the grant deadline, the State Clearinghouse for environmental documentation granted a shortened twenty day period for review, starting September 7, 1995 and ending September 27, 1995. Comments Received The District has received one comment letter (attached) on the proposed Negative Declaration as of September 20. This letter from the Department of Toxic Substances Control (DTSC) is an offer of assistance with oversight of the cleanup of toxic contamination rather than a comment on the environmental documentation. Staff will discuss this opportunity for additional oversight with DTSC staff. If futher comments are received by the date of the meeting, staff will provide them to the Board prior to their review of this project. Finding It is recommended that the Board of Directors: 1. Approve the attached Negative Declaration. i 2. Find that the environmental documentation reflects the independent judgement of the District. Page 3 3. Find that, based on the Initial Study and comments received, there is no substantial evidence that the project will have a significant effect on the environment. 4. Adopt the Mitigation Monitoring Program contained in this report. Availability of Environmental Documentation The General Manager shall be custodian of the environmental documentation, which shall be l Circle, Altos California, 94022. maintained at the Distract administrative offices, 330 Diste C c e, Los al , Mitigation Monitoring Program The following measures are included in the project plans or proposals pursuant to Section 15070(b)(1) of the State CEQA guidelines: 1. The District will handle the contaminated soil as a hazardous waste. It will be properly excavated, transported, and disposed of in accordance with San Mateo County Environmental Health and the State of California Hazardous Waste Requirements. Following removal of the settling ponds, sludge, and buildings, the site will be compacted and surfaced with 6 inches of crushed rock. Monitoring The District will comply with the requirements of the San Mateo County Environmental Health Department for the removal of the contaminants. The Department will review plans and specifications, provide progress inspections of the site, and certify that the contamination was properly mitigated. 2. Any trail construction on slopes of 12.5% or greater will incorporate erosion control procedures. Monitoring The District planner responsible for the project will review the proposed trail alignments, the trail layout in the field, and trail construction to verify that slopes do not exceed 12.5%, or to ensure that proper erosion control procedures are incorporated. Erosion control procedures may include placement of culverts and rock drains and energy dissapators, outsloping of the trail to prevent concentration of runoff, and swales and waterbars to direct drainage to natural drainage channels and vegetated slopes. i Prepared by: Randy Anderson, Planning Manager Contact Person: Same as above II MMQNSULA REGIONAL OPEN SPACE DISTRICT Puigas Ridge Open Spaces'reserve 866 Y 1 /2 mile AUG 1995 s " NOTE: I — 4 TRAIL DISTANCE .� IN MILES Polly Geraci -�..✓`' .. ..k:� (Hiking only) � 5.3 \ � LANDS ADJACENT TO ROAD ARE NOT OPEN TO THE PUBLIC. �j� GATE DO NOT TRESPASS. CORDILLERAS .� 0.3 � �� 0.4 t �. i!, ` TRAIL 46 BLUE OAI # ". '-- _ ' -' • _ TRAIL EDMONI =7 _ • HASSLER 0.7 ROAD //)' �•••� TRAILCRESTVIE l +►''� E • .1 : Proposed �� ! • •�!� DRIVE South Canyon 0.4 ' ��' ':•<:. Trail REDWOOD CENTER (PRIVATE)_ ROADSIDE r _ ' PULLOUT •�� jl Proposed Cordilleras Parking Connectio .......... INTERSTATE 280 Area Trail 63 EDGEWOOD ROAD Legend ' -'.-Existin Trail C- � 9 _ EDGEWOOD PARK ••••• Proposed Trail SITE PLAN EXISTING AND PROPOSED TRAILS -. J a RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN APPLICATION FOR A LAND AND WATER CONSERVATION FUND GRANT FOR THE PULGAS RIDGE OPEN SPACE PRESERVE PUBLIC ACCESS IMPROVEMENT PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund Grant-In-Aid Program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the State Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing application by local agencies under the program; and WHEREAS, said adopted procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications and the availability of local matching funds prior to submission of said applications to the State; and WHEREAS, the proposed Pulp-as Ridge QWn Space Preserve Public Access Project is consistent with the Statewide Comprehensive Recreation Resources plan: California Outdoor Recreation Plan - 198 ; and WHEREAS, the project must be compatible with the land use plans of those jurisdictions immediately surrounding the project; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby: 1. Approves the filing of an application for Land and Water Conservation Fund assistance; and 2. Certifies that said agency has matching funds from the following source: property tax, and can finance 100 percent of the project, half of which will be reimbursed; and 3. Certifies that the project is compatible with the land use plans of those jurisdictions immediately surrounding the project; and 4. Appoints the General Manager as agent of the District to conduct all negotiations and execute and submit all documents, including,but not limited to, applications, agreements, amendments, billing statements, and so on, which may be necessary for the completion of the aforementioned project. STATE OF CALIFORNIA—ENVIRONMENTAL PROTECTION AGENT. PETE WLSON,Governor DEPARTMENT OF TOXIC SUBSTANCES CONTROL REGION 2 700 HEINZ AVE.,SUITE 200 BERKELEY,CA 94710-2737 (510) 540-3724 September 14, 1995 Mr. Randy Anderson Midpeninsula Open Space District 330 Distel Circle Los Altos, California 94022 Dear Mr . Anderson: PROPOSED NEGATIVE DECLARATION FOR PUBLIC ACCES� IMPROVEMENTS, PULGAS RIDGE OPEN SPACE PRESERVE SCH # 95093002 The California Health and Safety Code authorizes the Department of Toxic Substances Control (DTSC) to oversee the investigation and cleanup of sites where hazardous substances have been released. DTSC was provided a copy of your Negative Declaration in order to provide input on related impacts . Ms . Cheryl Cochrane, of your office, provided me with some sample results regarding the lead concentrations at the site. Were any alternatives considered such as leaving the soil/sludge in place or capping with asphalt? Though the concentrations of lead cause the material to be considered hazardous waste, they are well below the concentrations generally allowed in residential soils . I have enclosed a copy of an order form for DTSC' s Preliminary Endangerment Assessment (PEA) Guidance Manual . DTSC uses the PEA as a way of determining whether sites need further action. If you wish to conduct a PEA under DTSC oversight, a Voluntary Cleanup Agreement could be arranged with DTSC for the review of the documentation. I have enclosed a fact sheet on DTSC' s Voluntary Cleanup Program for your information. If you have any questions about DTSC 's role in site investigations or regarding this letter, please contact me at (510) 540-3834 . Sincerely, Karen M. Toth, P.E. Supervising Hazardous Substances Engineer Site Mitigation Branch Enclosures P1,01ed ay R-)0.d P., NEGATIVE DECLARATION Date of publication of Preliminary Negative Declaration: August 30, 1995 Lead Agency: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Agency Contact Person: Randy Anderson (415) 691-1200 A plp icant: Midpeninsula Regional Open Space District Project Title: Public Access Improvements, Pulgas Ridge Open Space Preserve Project Address: Edmunds Road, San Carlos Project Description: Demolition and removal of three abandoned buildings of a sewage treatment plant, which served the former Hassler Health Home located on the property. Removal will include evaporation pit sludge ponds and contents and the existing perimeter fencing. The sludge ponds contain approximately 70 cubic yards of lead-contaminated soil which will be handled in accordance with San Mateo County Health and the State of California Hazardous waste requirements. Construction of a new 20-car parking lot and preserve restroom and trailhead signing at the same location. Construction of two new 4 foot wide trails: one from the Blue Oak Trail through the South Canyon (length 4,000 feet), the other connecting the parking area with the Cordilleras Trail (length 200 feet). These trails will create a large circular trail network through the preserve by linking existing trails. Findings and Basis for a Negative Declaration: District staff have reviewed the initial study for the project and, based on substantial evidence in the record, find that: 1. The project will not adversely affect water or air quality or increase noise levels substantially; 2. The project will not have adverse impacts on the vegetation or wildlife of the area; 3. The project will not degrade the aesthetic quality of the area; 4. The project will not have adverse impacts on traffic or land use; 5. In addition the project will not i a. Create impacts which have the potential to degrade the quality of the environment. b. Create impacts which achieve short-term to the disadvantage of long-term environmental goals. c. Create impacts for a project which are individually limited, but cumulatively considerable. d. Create environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. The Midpeninsula Regional Open Space District has, therefore, determined that the environmental impact of the project is insignificant. MITIGATION MEASURES included in the project to avoid potentially significant effects: 1. The District will handle the contaminated soil as a hazardous waste. It will be properly excavated, transported, and disposed of in accordance with San Mateo County Environmental Health and the State of California Hazardous Waste Requirements. Following removal of the settling ponds, sludge, and buildings, the site will be compacted and surfaced with 6" of crushed rock. 2. Any trail construction on slopes of 12.5% or greater will incorporate erosion control procedures. RESPONSIBLE AGENCY CONSULTATION County of San Mateo, Environmental Health Services State Water Resources Control Board City and County of San Francisco INITIAL STUDY: Midpeninsula Regional Open Space District has reviewed the Environmental Evaluation of this project and has found that the probable environmental effects are insignificant. A copy of the Initial Study is attached. REVIEW PERIOD: September 6, 1995 to September 27, 1995. All comments regarding the correctness, completeness, or adequacy of this Negative Declaration must be received by the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, no later than 5:00 p.m., September 27, 1995. CONTACT PERSON: Randy Anderson, Planning Manager, 415/691-1200 Appendix III -CEQA Guidelines and Discussions 329 Appendix I ua1ECarsrF0FdW (To be completed by Lead Agency) Public Access Title of Proposal: Improvements - Pulgas Ridge Open Space Preserve Date Checklist Submitted: 8/14/9 5 Agency Requiring Checklist: Midpeni nsul a Regional-ona1 Open Sz aCp Di St-ri c! - Agency Address: 330 Distel Circle City/State/Lip: Los Altos, CA 94022 Agencycontact: Randy Anderson Planning Mere, phone: (415) 691 -1 oo PROJECT LOCATION: San Carlos San Mateo City County PROJECTADDRESS: Edmunds Road, San Carlos DESCRIPTION OF PROJECT: See attached project description and map. ENVIRONMENTAL IMPACTS: (CEQA requires that an explanation of all"yes"and"maybe"answers be provided along with this checklist,including a discussion of ways to mitigate the significant effects identified. You may attach separate sheets with the explanations on them.) Yes Maybe NL L EARTH.Will the proposal result in: a) Unstable earth conditions or in changes in geologic substructures? Cl ❑ b) Disruptions,displacements,compaction or overcovering of the soil? ® ❑ ❑ c) Change in topography or ground surface relief features? ❑ ❑ 12 d) The destruction,covering or modification of any unique geologic or physical features? ❑ ❑ e) Any increase in wind or water erosion of soils,either on or off the site? ❑ ❑ c f) Changes in deposition or erosion of beachsands,or changes in siltation, deposition or erosion whichmay modify the channel of a river or stream or the bed of the ocean or any bay,inlet or take? ❑ ❑ g) Exposure of people or property to geologic hazards,such as earthquakes, landslides,mudslides,ground failure,or similar hazards? ❑ ❑ yl - oY 1((1 f f Y i I fl 330 Successful CEQA Compliance: A Step-By-Step Approach II.AIR.Will the proposal result in: a) Substantial air emissions or deterioration of ambient air quality? ❑ El ca b) The creation of objectionable odors? Cl ❑ c) Alteration of air movement,moisture,or temperature,or any change in climate,either locally or regionally? ❑ ❑ III.WATER.Will the proposal result in: a) Changes in currents,or the course of direction of water movements, in either marine or freshwaters? ❑ ❑ b) Changes in absorption rates,drainage patterns.or the rate and amount of surface runoff? ❑ (2 ❑ c) Alterations to the course or flow of flood waters? ❑ ❑ d) Changes in the amount of surface water in any water body? ❑ ❑ e) Discharge into surface waters,or in any alteration of surface water quality, including,but not limited to,temperature,dissolved oxygen or turbidity? ❑ ❑ f) Alteration of the direction or rate of flow of ground waters? ❑ ❑ g) Change in the quantity of ground waters,either through direct additions or r, withdrawals.or through interception of an aquifer by cuts or excavations? ❑ ❑ 12 h) Substantial reduction in the amount of water otherwise available for public water supplies? ❑ D 13 i) Exposure of people or property to water related hazards such as flooding or tidal waves? ❑ D 13 IV.PLANT LIFE.Will the proposal result in: a) Change in the diversity of species,or number or any species of plants (including trees,shrubs,grass,crops,and aquatic plants)? ❑ ® ❑ b) Reduction of the numbers of any unique,rare,or endangered species of plants? ❑ ❑ c) Introduction of new species of plants into an area,or in a barrier to the normal replenishment of existing species? ❑ ® ❑ d) Reduction in acreage of any agricultural crop? D D i V.ANIMAL LIFE.Will the proposal result in: a) Change in the diversity of species,or numbers of any species of animals , (birds;land animals,including reptiles:fish and shellfish,benthic organisms 0 or insects)? ❑ ® ❑ b) Reduction of the numbers of any unique,rare,or endangered species or animals? ❑ ❑ 12 c) Introduction of new species of animals into an area,or result in a barrier to 3 the migration or movement of animals? ❑ ❑ s d) Deterioration to existing fish or wildlife habitat? ❑ ❑ Ea VI.NOISE.Will the proposal result in: a) Increases in existing noise levels? ❑ ❑ b) Exposure of people to severe noise levels? ❑ ❑ ® . VIL LIGHT and GLARE.Will the proposal: a) Produce new light or glare? Q ❑ is -.1 Appendix III - CEQA Guidelines and Discussions 331 VIII.LAND USE.Will the proposal result in: a) Substantial alteration of the present or planned land use of an area? ❑ ❑ IX.NATURAL RESOURCES.Will the proposal result in: a) Increase in the rate of use of any natural resources? ❑ ❑ X.RISK OF UPSET.Will the proposal involve: a) A risk of an explosion or the release of hazardous substances(including, but not limited to: oil,pesticides,chemicals or radiation)in the event of an accident or upset conditions? ❑ ❑ b) Possible interference with an emergency response plan or an emergency evacuation plan? ❑ ❑ XI.POPULATION.Will the proposal: a) Alter the location,distribution,density or growth rate of the human population of an area? ❑ Cl XII.HOUSING.Will the proposal: a) Affect existing housing,or create a demand for additional housing? ❑ ❑ XHI.TRANSPORTATIONXIRCULATION.Will the proposal result in: a) Generation of substantial additional vehicular movement? ❑ ❑ b) Effects on existing parking facilities,or demand for new parking? ® ❑ ❑ c) Substantial impact upon existing transportation systems? ❑ ❑ d) Alterations to present patterns of circulation or movement of people and/or goods? ❑ Cl 12 e) Alterations to waterborne,rail or air traffic? ❑ ❑ IN f) Increase in traffic hazards to motor vehicles,bicyclists,or pedestrians? ❑ ❑ XIV.PUBLIC SERVICES.Will the proposal have an effect upon,or result in a need for new or altered governmental services in any of the following areas: a) Fire protection? ❑ ❑ 13 b) Police protection? ❑ ❑ c) Schools? ❑ ❑ In d) Pants or other recreational facilities? ❑ ❑ is e) Maintenance of public facilities,including roads? ❑ ❑ f) Other govemmental services? ❑ ❑ Is XV.ENERGY.Will the proposal result in: a) Use of substantial amounts of fuel or energy? ❑ ❑ b) Substantial increase in demand upon existing sources of energy,or require the development of new sources of energy? ❑ ❑ T i r 332 Successful CEQA Compliance: A Step-By-Step Approach XVI.UTILITIES and SERVICE SYSTEMS.Will the proposal result in a need for new systems,or substantial alterations to the following utilities: a) Power or natural gas? 0 C1 b) Communications systems? 0 0 99 c) Water? El El ER d) Sewer or septic tanks? El 0 10 e) Storm water drainage? 1:1 D 10 f) Solid waste and disposal? 11 El 12 XVIL HUMAN HEALTH.Will the proposal result in: a) Creation of any health hazard or potential health hazard(excluding mental health)?0 0 ca b) Exposure of people to potential health hazards? ❑ Is Cl XVM.AESTHETICS.Will the proposal result in: a) The obstruction of any scenic vista or view open to the public? ❑ 0 2 b) The creation of an aesthetically offensive site open to public view? El El 0 XIX.RECREATION.Will the proposal result in: a) Impact upon the quality or quantity of existing recreational opportunities? 12 0 El XX.CULTURAL RESOURCES.Will the proposal: a) Result in the alteration of or the destruction of a prehistoric or historic archaeological site? El 13 10 b) Result in adverse physical or aesthetic effects to a prehistoric or historic building,structure,or object? 0 0 IR c) Have the potential to cause a physical change which would affect unique ethnic cultural values? 0 El IR d) Restrict existing religious or sacred uses within the potential impact area? C] 0 0 XXI.MANDATORY FINDINGS OF SIGNIFICANCE. j a) Potential to degrade: Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self sustaining levels, -A threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 0 0 5a b) Short-term: Does the project have the potential to achieve short-term,to the disadvantage of long-term,environmental goals?(A short-term impact on the environment is one which occurs in a relatively,brief,definitive period of time. Long-term impacts will endure well into the future.) 0 c) Cumulative: Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small,but where the effect on the total of those impacts on the environment is significant.) 0 0 d) Substantial adverse: Does the project have environmental effects which will cause substantial adverse effects on human beings,either directly or indirectly? 0 0 r Appendix 111 -CEQA Guidelines and Discussions 333 XXIL DISCUSSION OF ENVIRONMENTAL EVALUATION. (This section may be filled out by using narrative,or by using a form,such as the example given in the CEQA Guide- lines.) XXIIL DISCUSSION OF LAND USE IMPACTS. (An examination of whether the project would be consistent with existing zoning,plans,and other applicable land use controls.) XXIV.DETERMINATION. (To be completed by the Lead Agency.) On the basis of this Initial evaluation: a) I fund that the proposed project could not have a significant effect on the environment,and A NEGATIVE DECLARATION will be prepared...........................................................................................❑ b) I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared.........................................................................................� c) I find the proposed project may have a significant effect on the environment,and An ENVIRONMENTAL IMPACT REPORT is required.................................................................................❑ Alice Cummings Signature 0 Print Name Midpeninsula Regional Q 130 115 For open space District Dace (Note: This is only a suggested form pursuant to CEQA Guidelines,Section 15063(d).Public agencies are free to devise their own format for initial studies.However,the DETERMINATION is an essential component of this form.) g i. i PROJECT DESCRIPTION PUBLIC ACCESS IMPROVEMENTS PULGAS RIDGE OPEN SPACE PRESERVE Demolition and removal of three abandoned buildings of a sewage treatment plant, which served the former Hassler Health Home located on the property. Removal will include evaporation pit sludge ponds and contents and the existing perimeter fencing. The sludge ponds contain approximately 70 cubic yards of lead-contaminated soil which will be handled in accordance with San Mateo County Health and the State of California Hazardous waste requirements. Construction of a new 20-car parking lot and preserve restroom and trailhead signing at the same location. Construction of two new 4 foot wide trails: one from the Blue Oak Trail through the South Canyon (length 4,000 feet), the other connecting the parking area with the Cordilleras Trail (length 200 feet). These trails will create a large circular trail network through the preserve by linking existing trails. I EXPLANATION OF ANSWERS i I. EARTH b. Will the proposal result in disruptions, displacements, compaction or overcovering of soil? The project includes the removal of approximately 70 cubic yards of lead contaminated soil located in the sludge ponds of the former Hassler sewage treatment plant. The District will handle the contaminated soil as a hazardous waste. It will be properly excavated, transported, and disposed of in accordance with San Mateo County Environmental Health and the State of California Hazardous Waste Requirements. Following removal of the settling ponds, sludge, and buildings, the site will be graded, compacted, and surfaced with 6" of crushed rock. The project provides for grading of approximately 4,200 feet of hiking trails to District standards. These trails will be "single track", with a typical width of from 4 to 6 feet. No horses or bikes will be allowed. Trail construction will not disturb large areas of soil, vegetative cover, or require elaborate erosion control structures. The trails will have a relatively narrow alignment, with a 4 foot trail tread. A grade of 10% or less is desirable, with occasional grades as great as 12.5% without use of switchbacks. Any trail construction on slopes of 12.5% or greater will incorporate erosion control procedures. Gradual switchbacks will be used rather than short, steep switchbacks. The trail tread will be outsloped, with swales on the upper side of switchbacks to avoid concentration of any water flows on the trail bed. Grading will be done by hand crews and small motorized trail grading equipment. Edges and switchbacks may be stabilized by retaining natural vegetation, reseeding or replanting, placing barriers to control trail use, and constructing berms of earth, rocks, or wood. The Cordilleras Trail connector will adjoin Edmunds Road following a level alignment in the existing right-of-way. The South Canyon Trail will traverse some steeper slopes near the head of the canyon. These slopes are underlain by sandstone and sheared shale of Franciscan assemblage, which has proved to be a stable material for trail building in other areas of the preserve. III. WATER b. Will the proposal result in changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? The crushed rock surface of the proposed parking lot will replace the sludge ponds and buildings, increasing the surface available for water absorption and decreasing the amount of surface runoff. Trails have the potential for altering surface drainage patterns which could lead to gullying. Adverse impacts will be prevented by the measures discussed in the answer to question Ib. above. IV. PLANT LIFE a. Will the proposal result in change in the diversity of species, or number of any species of plants? The site around the three buildings proposed for demolition is overgrown with non-native plants. Some are extremely invasive, for example acacia, french and spanish broom, and star thistle. These plants will be removed and where appropriate, replanted with native species indigenous to the site. Construction of the proposed trails may involve some native plant removal. The connection to the Cordilleras Trail will be through a disturbed area of mostly non-native plants parallel to Edmunds Road. The South Canyon Trail will follow Cordilleras Creek through an oak- bay forest with a very open understory. The District has retained a botanist representing the California Native Plant Society (CNPS) to survey the site. Western leatherwood (Dirca occidentalis), occurs in this area. This shrub is listed on CNPS List 4 ( a "watch" list, not yet state or federally threatened or endangered). Farther up, the trail will pass through chaparral and grassland. No other species of concern were identified. Trails will be constructed according to the District's established guidelines, following the natural contours of the site, and minimizing impacts to surrounding vegetation and wildlife. The area of disturbance is a relatively narrow envelope around a 4 foot trail tread. The trail will be aligned to avoid impacting the western leatherwood shrubs and significant tree specimens, rock outcrops, and other natural features, to prevent any significant impact on plant species. c. Will the proposal result in introduction of new species of plants into an area, or in a barrier to normal replenishment of existing species? The periphery of the parking area will be replanted with native plants to screen it from the road and trail and to provide shade. V. ANIMAL LIFE a. Will the proposal result in change in the diversity of species, or numbers of any species of animals? Removal of the non-native plants surrounding the buildings and sludge ponds could locally reduce food or cover for some wildlife species. Since the project area is small, and surrounded by natural areas, these effects would not have a significant impact on these animal populations. Vegetation removal will be mitigated by the planting of native species as described in IV.c above. XIII. TRANSPORTATION b. Will the proposal result in effects on existing parking facilities, or demand for new parking? The project will have a positive impact on parking, since it will increase the existing parking facilities for Pulgas Ridge Open Space Preserve. The preserve currently has no official parking area. Preserve visitors now park at a roadside pullout on Edmunds Road. XVII. HUMAN HEALTH b. Will the proposal result in exposure of people to potential health hazards? The project includes the removal of lead contaminated soil located in the sludge ponds of the former Hassler sewage treatment plant. The District will handle the contaminated soil as a hazardous waste. It will be properly excavated, transported, and disposed of in accordance with San Mateo County Environmental Health and the State of California Hazardous Waste Requirements. This will ensure that there is no chance for potential public contact with the lead and other potentially hazardous elements in the sludge. Adding new trails and increasing trail use will also increase the risk of fire. Mitigations include restrictions on open fires and smoking, and trail closures during high fire periods. XIX. RECREATION a. Will the proposal result in impact on the quality or quantity of existing recreational opportunities? The project will have a positive impact upon both the quality and quantity of the recreation experience. It will increase public access to Pulgas Ridge Open Space Preserve, increasing the opportunity for hiking, walking, and nature study. The proposed trails will link existing trails, effectively creating a large circular trail network through the preserve. XXII. DISCUSSION OF ENVIRONMENTAL EVALUATION See above discussion of all "yes" and "maybe" answers and any "no" answers that are potentially controversial or require clarification. Discussion includes description of potential impacts and possible mitigations. XXIII. DISCUSSION OF LAND USE IMPACTS The project is consistent with existing zoning, plans, and other land use controls. The preserve is in unincorporated San Mateo County and in the Sphere of Influence of the City of San Carlos. Access and trails planning have involved the cooperation of the San Francisco Water Department, and San Mateo County. XXIV. MITIGATION MEASURES The following measures are included in the project plans or proposals pursuant to Section 15070(b)(1) of the State CEQA guidelines: 1. The District will handle the contaminated soil as a hazardous waste. It will be properly excavated, transported, and disposed of in accordance with San Mateo County Environmental Health and the State of California Hazardous Waste Requirements. Following removal of the settling ponds, sludge, and buildings, the site will be compacted and surfaced with 6" of crushed rock. 2. Any trail construction on slopes of 12.5% or greater will incorporate erosion control procedures. Regional R-95-121 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-21 September 27, 1995 AGENDA ITEM Agreement with Tom Hennig Company of Los Altos to Pursue Sale of Surplus Mt. Umunhum Generators GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute an agreement with Tom Hennig Company to market the four diesel generators and related equipment located at the former Almaden Air Force Station on Mt. Umunhum. DISCUSSION During its tenancy on the site from approximately 1955 to 1975, the Air Force maintained its own power generation plant, consisting of four huge diesel-powered generators housed in a concrete block and steel building. These generators have not been run since that time, but seem to be in good condition because they were indoors and were apparently prepared for inactivity by the Air Force. A description of the generators and related equipment is attached. Some parts, such as the turbos used to start the generators, are missing. The generators are no longer manufactured, and it may or may not be feasible to get parts. One of the generators has already been cannibalized for parts for the other generators. As part of the current clean-up of the fuel tanks and lines by the Corps of Engineers, the coolant that is stored in the generators' cooling systems will be drained. This drainage increases the need to take action soon to market the generators before they deteriorate. Based on the review process concluded at your March 22, 1995 regular meeting (see report R- 95-43), there is no potential use for the generators on site or by the District. Staff has researched options for marketing the generators and has identified three companies that expressed interest and appeared qualified to market the generators: Evans Bros., Inc., Livermore; Bayside Equipment, Redwood City; and Tom Hennig Company, Los Altos. Only Dewey Hennig of Tom Hennig Company has followed up by researching the generators and providing a proposal. The others have not responded to numerous calls from staff encouraging them to submit a proposal. Tom Hennig Company has acted as auctioneers for surplus District vehicles and equipment on numerous occasions. The attached agreement is modeled after the standard auction agreement that Tom Hennig Company has had with the District, except that due to the unusual nature of the generators, this will be a brokering arrangement rather than an auction. Tom Hennig Company must accept the payment and transmit the required sales tax to the state on behalf of the District, unless the buyer is from out of state. ne Los Altos, CA 94022-1404 m Phone:415-691-1200 * FAX: 415-691-0485 * F-mail: mrosd« e 3 30 Distel Circle � tr:orr7.corn p Boxd of fire(tors Peke Siemens,Maiy C.Davey, leenrt f iernshaw, David T.Sinernolf,Nonette Hanko, Betsy Crowder,Wim de Wit General Mxmger:1 Craig Britton R-95-121 Page two It is very difficult to determine what the real value of the generators may be. They might be very valuable to the right person, provided that parts can be made or found to allow them to run. Their huge size and weight and remote location will have a major impact on their value. It will be necessary to at least partially dismantle the building housing them for removal. It is possible that buyers would also want to purchase the portions of the building that can be dismantled and relocated. It may turn out that the value of the generators and the cost to remove them and the building is a "wash". Even in this case, the District would benefit from their removal from the site to further long-term efforts to restore the site to a more natural condition. The scope and conditions for building dismantling or demolition and generator removal must be carefully specified in the sales agreement. Staff will return to the Board with such specification in the event that formal offer(s) are being considered. CEQA COMPLIANCE The authorization of a broker to market the generators is not a project under CEQA. If one or more potential buyers is found, and the scope of desired or required work clarified, staff will return to the Board for further action. Appropriate CEQA documentation will be prepared at that time. Prepared by: Randy Anderson, Planning Manager Contact person: Same as above SALES AGREEMENT THIS AGREEMENT made this day of September, 1995, at Los Altos, California, by and between Midpeninsula Regional Open Space District (hereinafter called "DISTRICT") and TOM HENNIG COMPANY, a California corpor ation (hereinafter called "BROKER"). WHEREAS, DISTRICT is the owner of and entitled to possession of the property described in Schedule A attached hereto and incorporated herein by this reference as fully as though set forth at length (hereinafter called the "Subject Property"), and DISTRICT desires to engage the services of BROKER as DISTRICT'S agent to sell the Subject Property. NOW, THEREFORE, the parties do hereby agree as follows: 1. That the DISTRICT hereby employs the BROKER, and the BROKER hereby accepts said employment, to sell the Subject Property as more fully set forth in the schedule thereof hereto annexed, and does hereby agree to use its best endeavors to sell the Subject Property at the highest prices obtainable for the same. 2. DISTRICT hereby grants BROKER the exclusive right to negotiate a sale of the Subject Property for a period commencing September 28, 1995 and ending midnight, February 1, 1996. 3. DISTRICT agrees to pay the BROKER, and BROKER agrees to accept ten percent (10%) of the gross proceeds of the sale as compensation for the services rendered by the BROKER in negotiating said sale during term of this agreement. 4. The Board of Directors of the Midpeninsula Regional Open Space District will approve sales agreement before it is finalized. 5. DISTRICT agrees that payment for the Subject Property shall be made payable to BROKER. The proceeds of the sale shall be collected by BROKER and deposited in BROKER'S trust account. 6. The proceeds of sale deposited as hereinabove in paragraph 5 provided shall be withdrawn by BROKER as follows: A. Out of the first gross proceeds deposited as aforesaid, there shall be withdrawn and paid to the BROKER the amount of his agreed commission. B. Any net amount realized after deduction of the commission shall be paid over to the DISTRICT. C. BROKER will collect and pay sales tax where applicable and supply a resale certificate to DISTRICT. 7. DISTRICT assumes all responsibility for damage to the property to be sold and agrees to hold BROKER harmless .,,tn all claims with respect thereto un, Ale is finalized. 8. In the event of any suit, action or deposited brought by either party for the breach of any term hereof, or to enforce any provision hereof, the losing party will pay to the other reasonable attorney fees in said action or proceeding as fixed by the court. BROKER: DISTRICT: TOM HENNIG COMPANY MIDPENINSULA REGIONAL OPEN License #419-424 SPACE DISTRICT By BY T.F. (Dewey) Hennig, III L. Craig Britton President General Manager Date: Date: "HEDULE A Mount Umunhum Generators New Almaden, California Engine #1 - Nordberg Model FS-136-ISC 6 Cylinder In Line Diesel Engine, s/n 9018-0632 w/ 13" Bore, 16 1/2" Stroke, 514 rpm, 1135 hp. Young Intercooler/Aftercooler, Woodward Type UG-8 Governor Engine #2 - Nordberg Model FS-136-ISC 6 Cylinder In Line Diesel Engine, s/n 9018-0633 w/ 13" Bore, 16 1/2" Stroke, 514 rpm, 1135 hp. Young Intercooler/Aftercooler, Woodward Type UG-8 Governor Engine #3 - Nordberg Model FS-136-ISC 6 Cylinder In Line Diesel Engine, s/n 9018-0634 w/ 13" Bore, 16 1/2" Stroke, 514 rpm, 1135 hp. Young Intercooler/Aftercooler, Woodward Type UG-8 Governor Engine#4 - Nordberg Model FS-136-ISC 6 Cylinder In Line Diesel Engine, Young /2Stroke, 514 m 1135 h o / 1 Bore 16 1 s/n 9018-0635 w 3rpm P g Intercooler/Aftercooler, Woodward Type UG-8 Governor. Needs repair, Head off#2 Cylinder 4 - General Electric Generators w/ 1000KVA @ 514 rpm, Power Factor 0.8, Type ATI, 4160/2400 Volts, 800 Kw, Three Phase, Amp ARM 139/241, Amp Field 71, Exciter Volts 125, 60 Hz, Frame 6305-M. Read Instruction Manual GEH-709. 2 - Compressors for Air Start Driven By Electric Motor w/Kohler Gas Engine Back Up 4 - Perfex Pak Model H-810 External Radiators, 10' Square, 4 - 3 hp Pump Motors, Electric Powered Loovers, 4 - Allis Chalmer 15 hp @ 1750 rpm or 3.7 hp @ 860 rpm Fan Motors 4 - Oil Bath Air Cleaners 2 - 550 Gallon Lube Oil Tanks 2 - 400 Gallon Fuel Oil Tanks 1960 Delta Switch Board Company Model S.O. 4512 Electrical Panel, 600 amp, Three Phase, 120/208 VAC Electric Distribution Panel Control Room, Three Ton Mechanical Bridge Crane �I Rqqlonai r Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i R-95-118 Meeting 95-21 September 27, 1995 AGENDA ITEM Authorization to Contract with Dennis Kobza and Associates to Provide Architectural Services for the New Field Office at Skyline Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to contract with Dennis Kobza and Associates of Mountain View for $11,350 to complete the construction drawings and provide architectural services during construction of the new field office at Skyline Ridge Open Space Preserve. Discussion: At your July 26, 1995 meeting you authorized staff to proceed with soliciting bids for the new field office at Skyline Ridge Open Space Preserve (see report R-95-101). You also authorized staff to contract with the Town of Los Gatos for contract administrator services during the construction process. At this meeting, you are also considering an item authorizing the General Manager to contract with the lowest responsible bidder for site construction work in association with the new field office (see report R-95-119). Dennis Kobza and Associates designed and prepared the construction drawings for the Rancho San Antonio field office. The firm has also provided architectural services for this project from its inception. In early September, staff contracted with Dennis Kobza and Associates for $10,000 to complete the structural and mechanical portion of the construction drawings for the field office. In order to complete the construction drawings in preparation of submitting them to Santa Clara County for a building permit, staff needs to contract with Dennis Kobza and Associates for an additional $11,350. This fee includes architectural services and inspections during construction. The total fee of $21,350 is in line with the fee charged during the preparation of construction drawings and inspection services for the Rancho field office. At that time, the base contract price was $18,000. Staff anticipates submitting the plans to the Santa Clara County building department in early October and beginning construction in early November. Prepared by: Mary Gundert, Open Space Planner Contact person: Same as above PhC�ne:415-6�1-1�0. 330 Distal Circle - Los Altos, CA 94022-1404 • 0 - FAX:415-691-0485 # I-t-nail:mrosd@ netcorn.corn Et7 Ho,ird of/hectors:Pete Siemens,Mary C. Davey,Tema t lenshaw,David 1 Smernoff,Nonette Hanko, Betsy Crowder,Wim de Wit Gowral Manager:L.Craig Bruton Regional Open Space R-95-119 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-21 September 27, 1995 AGENDA ITEM Authorization to Contract for Site Work, Grading, Surfacing, and Underground Utilities for Construction of the Field Office at Skyline Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATION t, Authorize the General Manager to enter into contract with the lowest responsible bidder for site work, grading, surfacing and underground utilities for construction of the field office at Skyline Ridge Open Space Preserve. DISCUSSION At your July 26, 1995 meeting, you authorized staff to solicit bids to construct a new field office at the Skyline Ridge Open Space Preserve (see report R-95-101). You also authorized the general manager to approve a lowest responsible bid (not to exceed $15,000) for necessary grading activities prior to construction of the new field office. Upon re-evaluation by staff, it appears more prudent to contract with one grading and paving contractor to perform all site improvements (instead of grading only) and a separate building contractor to build the office. The site work includes all grading, surfacing, concrete curbs and gutters, and underground placement of utilities. The engineer's estimate for all site work is $45,000. Staff has continued to work with the project's civil engineer to finalize the grading and site work portion of the project and the architect to finalize the building construction drawings. The grading and site improvement drawings are currently under plan review by Santa Clara County. Staff anticipates a grading permit will be issued during the week of September 25. Construction drawings for the building will be submitted for plan check and a building permit at the end of September. On August 3, 1995, the Santa Clara County Planning Commission approved a use permit and adopted a Negative Declaration in compliance with CEQA for this project. A notice soliciting bids for the site work was advertised September 18, 1995 in the San Jose Mercury News. In addition, notices were sent to 34 contractors. Bids are due on Tuesday, September 26, 1995. Staff will have a bid-breakdown available at your meeting and will make a recommendation on the lowest responsible bidder at that time. Prepared by: Mary Gundert, Open Space Planner Contact person: Same as above 330 Distc l Circle - Los Altos, CA 94022-1404 - Phone:41 5-691-1200 - FAX:415-691-0485 + E-mail: mrosd@netcom.com Board of Oiro(tors:Pete Siemens,Mary C. Wvey,teens l lenshaw, David l Smernoif,Nonette Henko,Betsy Crowder,Wim de Wit General Manager:1_.Craig Britton Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-111 Meeting 95-21 September 27, 1995 AGENDA ITEM Approval of Permit to Enter for Santa Clara County's Roads and Airport Department to Remove and Replace an Existing 30 Inch Culvert and Concrete Headwall Located along Stevens Canyon Road at the Picchetti Ranch Area of Monte Bello Open Space Preserve GENERAL MANAGERS RECOMMENDATION 1. Authorize the General Manager to execute the attached Permit to Enter for the Picchetti Ranch Area of Monte Bello Open Space Preserve. Authorize the General Manager to execute any and all other documents necessary or appropriate to the Permit to Enter process. 2. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. DISCUSSION The Roads and Airports Department of Santa Clara County is requesting temporary access to remove and replace an existing 30 inch culvert and concrete headwall located along Stevens Canyon Road in the drainage swale, approximately 20 feet south of the District's Bear Meadow Trail (see attached map). During last winter's heavy rains, this existing storm facility failed to adequately carry storm runoff underneath Stevens Canyon Road and into Stevens Creek Reservoir. As a result, several road washouts occurred. The project includes replacing the damaged 30 inch culvert with a new 36 inch culvert with headwall trash rack and outfall structure. The attached plans describe the project in more detail. The County's Roads and Airport Department will be requesting a long-term license agreement with the District later this year for permanent access on the site to allow ongoing maintenance of the new storm drainage facility. Because of the urgency in getting this project completed before the rainy season, the County only wanted to pursue a temporary entry permit at this time. CEQA COMPLIANCE hWiect Description The project consists of enlarging an existing storm drain facility. 3 W listed Circle - I os Altos, CA 34022-1404 Phone:41 5-6� � FAX:41 5-691-0485 « E-mail: mrosd� ' � 91-1�00 � e�netrom.com Board of Ihre(tors:fete Siemens,NA tvy C. DJ Ivev, teena I fenshaw,David T.Stnernoff, Nonette I iarrko,130sy Crowder,Wirn de Wit General Manager.I.Craig Britton R-95-111 Page 2 CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under section 15304. Section 15304 exempts minor public alterations in the condition of land, water, and/or vegetation. Prepared by: Sheryl Cochran, Open Space Planner Contact Person: Same as above 6' --f—C-- ;\ EXHIBIT-A 9' 15' h VARIES 1. 12' ♦ - �• , SCALE: 1'a30• f- a x-� C'OII+TY STAtOAiifl "'"•�i, ' ,'� � , ASPHALT OKE 6-AC - V t12" CLASS M AB - STA 9+90 TO STA 10+20 SCALE: 1'-5' - .'♦ 1 1 1 APN 351-19=7 a1' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT EXISTING DITCH T INSTALL 115 LF-}6' HOPE CLLVERT - UNTIL FUNCTION W/HE"ALL TRASH.RACK \ UNTIL COMPLETE &CULVERT I- k OUTFALL STRUCTURE ' - COMPLETE k CO .. � - OBLITERATE DITCH IS CURED II REM EXISTING 30'CMP - ♦ `�. WHEN WORK IS; II AND WAIL - COMPLETElI - H SAWCUT, EMOVE k REPLACE \•\ II 6"AC PA MENT k 12' CLASS } - _ I AB AS PH $TA 9•19 TO$TA 10-40 \ ,\ i i ME EXIST. '\�`•`` W� APPROXIMATE LOCATION MEET EXIST. I PAVE NT �-_�- R� OF EXISTIND OVERHEAD - PAVEMENT- R-260' TELEPHONE LINES 9 \ d ��\•\ `•'�- ,\ +-FEET TD CDF IRE-STATION-- +�-- \ . -- � ~ -4AO C � �AD _'-EX EP__'_-s- - - II. S 9O. ` ♦. \; 4\ ` STEVEN9• QpLAifQ STANDARD BERM Q MEESTANDARD �� U. COUNTY _.N U``\`` q"' rF .•;4_` '�` �- EXISTING RIGHT 10 STA9+9'1 - y. AC BERY ♦ _ ti--- . _ .AND STA 10+00 TO 10410 - t '• (//�- -' +� ` `T�..``�?� \ __ ------ --------^ APPROX.ROX LOCATION 0 EXIST - J OVERHEAD POWER UHES •1 ----- 0Urr SANITA CIJSRA COUNTY ROADS AND AIRPOI?T UEPAI?TMENT W n ROADWAY LAYOUT AND DETAILS 2 BARBARA CMILE..EIneeE ' 2 6 K.c a r a •u. 5.77 rISS�G7�g17�i r�uuu.a Monte Bello Open Space Preserve SITE PLAN Picchetti Ranch Area Ic jj l/ N - y CANYO �. :.,.. ;�" ROAD N 4 y��,( ` SEP ORCHARD LOOP ' ^l�'•�.,. `�� ;�,;. r` .,�TRAIL ;, t �}� � ,� ,i: ,!. A WINERY <•> � {: .,,. MONTE BELLO`r::�..:.�. _` V ,r � , BEAR MEADOW ROAD ` 03 . , �+ TRAIL FRE OLDER PIN OPEN SPACE PRESERVE' � . 0.7 '" N PROJECT LOCATIO ' ; LOOS;. Ar { - , PRIVATE , w_ PROPERTY f _ MONTE SBELLO ,t OPEN SPACE PRESERVE • STEVENS CREEK �...... s R F ✓� : COUNTY PARK i ' { COUNTY OF i SANTA CLARA' i 1 1 ' r �� �+ �� F \ , �� \ Ir"'----.. ��--�-•'fir;•.-%, '�`".�r�'`�_� � ``\ >. L' ....x c, e-f( "`.�.;:: � '��� :�C7.r._ ..r�1��' .. > ,_ .,,..:ski {� S� _ .. 'rw,r .,f" ,/ `.if- -.',/���^.'� ;1t-S� �r 1 j,i ,i�r•. PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a public District (hereinafter "DISTRICT"), and the County of Santa Clara (hereinafter "COUNTY"). The parties hereby agree as follows: 1.0 Property DISTRICT grants COUNTY permission to enter the portion of the Picchetti Ranch Area of Monte Bello Open Space Preserve (hereinafter the "Property") located near Stevens Canyon Road, as shown on the attached map. Access to the Property will be via Stevens Canyon Road. 2.0 Purpose This permit to enter is for the sole purpose of performing storm damage road repair construction along Steven Canyon Road. More specifically, the project entails removal of the existing 30" culvert and headwall and installation of a 36" HDPE culvert with headwall trash rack and outfall structure as shown on the attached plans labeled Exhibit A. 3.0 Permit Conditions The work shall be subject to the following conditions: a. COUNTY shall, at its sole cost and expense, comply with all laws, statutes, regulations, and administrative orders, obtain all permits which may be required by public agencies having jurisdiction over the project, and comply with all conditions and requirements set forth in the permits issued by such public agencies. This includes obtaining any permits required by Santa Clara Valley Water District and California Department of Fish and Game. b. COUNTY shall notify DISTRICT at least 48 hours prior to commencement of any work and/or entry onto District Property. C. COUNTY will be responsible for installing temporary barriers, fences, and taking other necessary measures to protect the public from any injury or damage resulting from the construction. COUNTY will ensure that all preserve trails will be kept open for preserve visitors at all times during the work. d. COUNTY shall limit its activities on the Property to the operational area depicted on Exhibit I and may not conduct activities outside this area without the written approval of the District. e. COUNTY is strictly prohibited from removing any tree or other vegetation over 8" diameter without the prior written consent from DISTRICT. COUNTY will use caution around all existing trees. COUNTY will correct any inadvertent damage to trees. L Upon completion of the work, COUNTY will restore the site to a condition equal to or better than that which was originally found. 9- COUNTY shall notify DISTRICT upon completion of all work and arrange for a site inspection with DISTRICT staff before vacating the site. 4.0 Term This permit is valid from the date of execution until November 30, 1995. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 (415) 691-0485 (FAX) COUNTY: Victor Pshevlosky Roads and Airports Department County of Santa Clara 1505 Schallenberger Road San Jose, CA 95131 (408) 494-1326 6.0 Damage and Liability COUNTY agrees that the use of equipment and tools on the property of DISTRICT shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of DISTRICT or to the public. COUNTY agrees to indemnify, hold harmless, defend, and protect the District, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of the COUNTY, both on and off the project. COUNTY hereby waives all claims and recourse against the District, including the right of contribution for loss or damage to the property, and releases the District from liability to the extent such claims and liability were not caused by the negligence of the District and provided such claims are related to COUNTY'S activities under this Permit or COUNTY'S use of the project site, premises, or facilities under this Permit. The COUNTY and its contractors and subcontractors shall have sole responsibility for the safeguarding of their equipment,property, and personnel (i.e.,employees, agents, officers) from any and all injury, death, or damage. COUNTY shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of the construction work, and shall indemnify District against any and all claims, liabilities, or losses, including attorneys fees, on account thereof. 7.0 Insurance Throughout the term of this agreement, COUNTY, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage. Limits shall be not less than $1,000,000 per occurrence. This permit is not valid without COUNTY'S insurance in effect as shown on the attached Certificate of Insurance, which is made a part of this permit. The policy shall name the District as an additional insured. Throughout the term of this agreement, COUNTY, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. 8.0 Cancellation This Permit To Enter shall be cancelable by DISTRICT upon 14 days written notice to County. The above permit to enter has been read and understood and is hereby agreed to and accepted. IN WITNESS WHEREOF, the parties have executed this right-of-entry as follows: County of Santa Clara: Nfidpeninsula Regional Open Space District: Date: Date: Christine Fischer, Director L. Craig Britton, General Manager Roads & Airports Department Recommended for Approval Attest: R/W Consultant Jean Fiddes, District Clerk Associated Right of Way Services, Inc. APPROVED AS TO FORM AND LEGALITY: Kathy Kretchmer Deputy County Counsel Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-120 Meeting 95-21 Septem ber r 27 1995 AGENDA ITEM Reorganization of Planning and Acquisition Programs to Create Self-Managed Work Team and Authorization to Execute Six-Month Contract with George Sipel Associates to Implement the Team Concept GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize staff to proceed with the reorganization of the Planning and Acquisition Programs to create a self-managed work team. 2. Authorize the General Manager to execute the attached six-month Consulting Services Agreement with George Sipel Associates to provide organizational management and personnel services at the cost of $6,000 per month. 3. Approve a second Senior Planner position to be filled internally and hold the Planning Manager position vacant at this time. 4. Authorize staff to fill two Open Space Planner I positions as soon as possible by the internal promotion of the two incumbent Planning Technicians. 5. Authorize staff to fill one Planning Technician position after S. Cochran's Open Space Planner II position has been vacated. DISCUSSION Back: rg ound For the past several months, staff has been working with George A. Sipel of George Sipel Associates to assess the efficiency and effectiveness of the Planning Program, to recommend changes in duties and responsibilities, work processes, and structure, and to review the working relationships of the various members of the planning staff. The recent retirement of Resource Planner Alice Cummings and the forthcoming out-of-state move by Open Space Planner II Sheryl Cochran provide the opportunity to redistribute staff assignments, create career development opportunities for the department's two Planning Technicians, and reorganize the program. Self-Managed Work Teams Staff is proposing the introduction and establishment of a self-managed work team on a six- month trial basis for the Planning and Acquisition Programs. A self-managed work team is defined as a group of employees who are responsible for the management and production of an entire process or product. The team plans and performs all of the work and supervises 330 Distel Circle . Los Altos, CA 94022-1404 # Phone:415-691-1200 . FAX:41 5-091-0485 • E-mail mroscl@netcorii.com Board of Oireciors:Pete Siemens,Mary C. Davey,Teena f ienshaw, David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit G_Onerat M.3 mgor:L.Craig Britton R-95-120 Page 2 the management of the task, performing many of the functions usually handled by management or by a traditional supervisor. The team works together on a permanent, daily basis. The advantages of self-managed teamwork include the following: gives staff more authority, responsibility, and decision-making power; provides better use of skills, ideas and experience; develops a better understanding of the mission and of how everyone's work contributes to that mission; generates creative approaches to delivering services; and increases productivity and quality. Some of the potential disadvantages, or challenges to be overcome, include: learning new roles takes time and training; not all staff members may want to take on the additional responsibilities of planning and assessing their work, and may prefer the top-down mode of being assigned work; some supervisors have a difficult time changing their role from that of controller to that of coach; decision-making is done by consensus, which can be slower than unilateral decision-making styles; lines of responsibility are not as distinct when a whole team is responsible for a task, so more time must be spent communicating to ensure accountability; and some staff may prefer working individually rather than being part of an ongoing team. In order to take the steps required to implement the team concept, George A. Sipel of Sipel Associates will be hired as an independent contractor for six months to provide organizational management and personnel services to the District for the Planning and Acquisition Programs. The proposed Consulting Services Agreement with Mr. Sipel is attached. As compenstion for his services, the District would pay $6,000 per month for an expected average of 20 hours of service per week. Calculated on an hourly basis, the compensation rate would be $75 per hour. The Agreement's Exhibit A describes Mr. Sipel's scope of services. Proposed Reorganization The Acquisition Program is being included in this self-managed work team because of the reduction of the program's size and its close interaction with the Planning Program. The acquisition staff currently includes the Real Property Representative and the Program Secretary; the acquisition manager position is vacant, and the secretarial position is currently shared on a one-half time basis with the Planning Program. The current structure of the Planning Program includes a Planning Manager, Senior Planner, Resource Planner, two Open Space Planner II's, two Planning Technicians, and a half-time Secretary. Under the proposed new structure, the Resource Planner and Open Space Planner II vacancies would be offset by the conversion of the Planning Manager to a Senior Planner, the promotion of the two Planning Technicians to Planner I's, and the hiring of a new Planning Technician. The proposed new structure would therefore include two Senior Planners, one Open Space Planner II, two Open Space Planner I's, one Planning Technician, one full-time Secretary, and the Real Property Representative. The following chart shows the current Planning and Acquisition Programs' organizational structure compared to the proposed new Planning and Acquisition Program structure. R-9.5-120 Page 3 CURRENT STRUCTURE - Planning Program PROPOSED STRUCTURE - Planning & Acquisition Program Self-Managed Work Team Planning Manager Implementation Consultant(6 months) Senior Planner Senior Planner Resource Planner Senior Planner Open Space Planner 11 Open Space Planner 11 Open Space Planner 11 Open Space Planner I Planning Technician Open Space Planner I Planning Technician Planning Technician Secretary (half-time) Real Property Representative CURRENT STRUCTURE - Acquisition Program Secretary (full-time) Real Property Representative Secretary (half-time) Financial Impact The financial impact of this reorganization could be a net savings of approximately $31,700 per year in salaries (inclusive of George Sipel Associates fees). This savings is primarily due to two higher-level positions (Resource Planner and Open Space Planner 11) being replaced with one lower-level position (Planning Technician) starting at the beginning of the salary range. , Assuming that the new structure is successful after the six month period, staff assignments would be considered for reorganization on a long-term basis. The initial team staffing may not include adequate biological expertise on staff and this particular area will probably need to be specifically addressed. However, this analysis will not occur until after the self- managed work team is fully functioning. Prepared by: L. Craig Britton, General Manager Jean Fiddes, Administrative Services Manager Deirdre Dolan, Administrative Analyst Contact person: L. Craig Britton, General Manager CONSULTING SERVICES AGREEMENT THIS AGREEMENT, entered into this day of September, 1995 by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter called "District") and GEORGE SIPEL ASSOCIATES (hereinafter called "Contractor") WTTNESSETH WHEREAS, the District proposes to engage Contractor in accordance with the terms and conditions set forth herein to render certain special and professional personnel and organizational relations services. WHEREAS, Contractor has the required background, experience, and expertise to perform the work to be done, and District desires to engage Contractor to provide the services upon the terms herein provided. NOW, THEREFORE, the parties mutually agree as follows: 1. ENGAGEMENT OF CONTRACTOR The District hereby agrees to engage Contractor, and Contractor agrees to perform the professional services and advice as hereinafter set forth. 2. ADMINISTRATOR OF AGREEMENT The General Manager shall be the District's representative for the purpose of administering this Agreement. Work assignment to the Contractor shall be made by the General Manager. Mr. George A. Sipel shall be in charge of the performance of this Agreement as Contractor. 3. SCOPE OF SERVICES The District agrees to contract with the Contractor to provide services in accord with the work described in Exhibit A attached hereto and incorporated herein. 4. TERMS OF AGREEMENT The term of this Agreement is to commence October 1, 1995 and to conclude on March 31, 1996 unless terminated earlier as specified in Section 6, 7, or 8 of this contract. 5. COMPENSATION The District agrees to pay the Contractor, as compensation for the services set forth 1 I herein, the sum of$6,000.00 per month for an expected average of 20 hours of services per week. Payment under the Agreement shall be made by the District upon submission by the Contractor of monthly invoices. Such compensation shall include costs and expenses of Contractor where authorized to be incurred by District. Contractor shall submit an invoice for services rendered each month that includes a record of the number of hours worked that month under this Agreement. District shall pay for services rendered within thirty (30) days of receipt of invoice. Failure of the District to accept the recommendations and conclusions of the Contractor on the basis of differences of professional opinion shall be the basis neither for non-acceptance of the work performed by the Contractor nor for non- payment to the Contractor. It is expressly understood and agreed that this written Agreement constitutes the entire agreement between Contractor and District and in no event shall Contractor gr o be entitled to any compensation other than that provided herein unless mutually agreed upon by the Contractor and District-in writing. 6. TERMINATION OF AGREEMENT FOR CAUSE Upon breach of this Agreement, District shall have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 18 prepared by Contractor shall become the sole and exclusive property of District. Contractor shall be entitled to receive reasonable compensation for any authorized and satisfactory work completed on such documents or other such materials to date of termination, not to exceed the amounts payable to date of termination under Paragraph 5, reduced by the amount of damages sustained by District by reason of such breach. 7. TERMINATION FOR CONVENIENCE OF DISTRICT District may terminate this Agreement at any time by giving written notice to Contractor of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 18 shall become the sole and exclusive property of the District. If the Agreement is terminated by District as provided herein, Contractor shall be paid the monthly retainer payments, or proportion thereof if final period is less than a full month, payable as provided in Paragraph 5 through the date of such termination. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth in this paragraph in the event of such termination. 2 8. TERMINATION FOR CONVENIENCE OF CONTRACTOR Contractor may terminate this Agreement by giving written notice to District of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. In that event, it is expressly agreed and understood that District shall be allowed to seek another contractor to complete Contractor's work, and, as requested by the Administrator of this Agreement, designated in Paragraph 2, Contractor will provide assistance and advice to Contractor's successor to facilitate the period of transition caused by such termination, provided that such minimum period of assistance and advice by Contractor to his successor shall not extend beyond the effective date of this termination. Upon termination, as herein provided, all finished or unfinished documents and other materials as described in Paragraph 18 shall become the sole and exclusive property of District. If the Agreement is terminated by Contractor as herein provided, Contractor shall be paid the monthly retainer payments, or portion thereof if final period is less than a full month, payable as provided in Paragraph 5, through the date of such termination. 9. CHANGES District may from time to time require changes in the scope of services of Contractor to be performed hereunder including, but not limited to, the designation of one or more specific projects. The parties shall mutually agree upon whether any change in compensation shall be due Contractor as a result. By mutual written agreement of both parties, this Agreement may be modified. 10. EQUAL OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, political affiliation, color, national origin, ancestry, sex, sexual orientation, age, familial status, or physical or mental disability. Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, religion, creed, political affiliation, color, national origin, ancestry, sex, sexual orientation, age, familial status, or physical or mental disability. 11. ASSIGNABILITY The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation). 12. INTEREST OF CONTRACTOR Contractor agrees that he presently has no interest, including but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Contractor further agrees that in the performance of this Agreement no person having any such interest shall be employed or retained by it under this Agreement. 3 13. INSURANCE Contractor shall take out and maintain during the period of this Agreement such general liability, workers' compensation as required by law and vehicle insurance as is required to protect Contractor. 14. HOLD HARMLESS AND INDEMNIFICATION Contractor shall hold harmless and indemnify the District, its officers, agents and employees from and against any and all claims, losses, actions, suits or other proceedings of any kind which may arise as a result of Contractor performing any work hereunder. District shall hold harmless and indemnify Contractor, its officers, agents and employees from and against any and all actions, suits or other proceedings which may arise in connection with the work Pe Y performed hereunder solely as a result of the negligence or willful misconduct of District. 15. INDEPENDENT CONTRACTOR While performing services hereunder, Contractor is an independent contractor and not an officer, agent, or employee of the District. 16. NOTICE Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested to the following address: District: Mr. L. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Contractor: Mr. George A. Sipel . George Sipel Associates 2A Sky Terrace Danville, CA 94526 17. This Agreement shall be construed and interpreted according to the laws of the State 8� �'P g of California. 18. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIALS All reports, studies, information, data, statistics, forms, designs, plans, procedures, 4 systems, and any other materials or properties produced under this Agreement shall be the sole and exclusive property of District. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright, or patent right of Contractor in the United States or in any other country without the express written consent of District. District shall have unrestricted authority to publish, disclose, distribute, and otherwise use copyright or publish in whole or in part any such reports, studies, data, statistics, forms, or other materials or properties produced under this Agreement. IN WITNESS WHEREOF, District and Contractor have executed this Agreement as of the date first written above. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By L. Craig Britton General Manager GEORGE SIPEL ASSOCIATES By George A. Sipel Date 5 EXHIBIT A It is the intent of the Midpeninsula Regional Open Space District and George Sipel Associates that Mr. George A. Sipel will provide organizational management and personnel services to the District for the Open Space Planning and Acquisition Programs. These services will be provided to develop the structure, policies and procedures to create a self- managed Planning and Acquisition Program. Mr. Sipel will manage the department during a six-month trial period. Mr. Sipel, as an independent contractor, shall address the major issue areas of department leadership and management; project management; work processes; staff utilization; and staff growth and development with the goal of establishing a self-managed planning and acquisition team. Specific steps required to implement the team concept shall include, but not be limited to, defining the team's scope to carry out the planning and acquisitions functions of the District; defining the team's relationship to other departments, the General Manager, the management team, and the Board of Directors; conducting group meetings, workshops, and retreats to teach and mentor the group how to work as a team; working with the team on key process issues; working with the team on substantive operational issues, including developing a six month work plan; and initiating a work process improvement project. Mr. Sipel shall serve in the capacity of interim manager for the Planning and Acquisition Programs and shall supervise all employees in the department and shall conduct performance evaluations of team members. He is authorized to take any steps assigned to a program leader in Article III, Section 20. Disciplinaa Action of the District's Personnel Policies and Procedures Manual. In order to carry out his supervisonal duties, Mr. Sipel shall be authorized to access all planning and acquisition staff personnel files. Mr. Sipel shall initially provide liaison between the self-managed planning and acquisition team and the management team and shall assist in determining how management team liaison will occur after the six-month trial period for the self-managed work team. Mr. Sipel shall meet regularly with the General Manager to brief him on the team's progress and to critically evaluate the potential to successfully establish a self-managed work team at the District. He shall provide a final written report assessing results of the trial period and th viability of a self-managed staff team for the Planning and Acquisition Programs. The report shall include guidance and recommendations for the future of the team. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-115 Meeting 95-21 September 27, 1995 AGENDA ITEM Proposed Changes to Distribution of Salary Incentive Awards Based on $25,000 Funding Cap GENERAL MANAGER'S RECOMMENDATION 9 r Approve the proposed changes to the distribution of 1995-1996 salary incentive awards based on the program's $25,000 funding cap. DISCUSSION Background At your meeting of March 22, 1995 as part of the budget process, you approved capping the 1995-1996 salary incentive award program at $25,000, and directed staff to review the program within six months to determine the best method of distributing awards (see report R- 95-36). Monetary awards during the review period were to be suspended until the new method of distribution was reviewed by the Administration and Budget Committee and approved by the Board. On May 19, 1995, a meeting was held with interested staff to discuss the status of the salary incentive award program and brainstorm ideas on how best to distribute awards given the $25,000 funding cap. Following the meeting, several staff members volunteered to serve on a sub-committee to review the suggestions made during the brainstorming meeting. The sub- committee formulated a final recommendation, which was then reviewed by interested staff, management team, and the employee forum (formerly the employee steering committee). The final recommendation to emerge from this process was then reviewed and approved by the Administration and Budget Committee at their August 28, 1995 meeting. Recommended Method for Award Distribution 1. At the time of the award, employees are eligible to take one-half of the award amount in cash, or to convert the full amount of the award to vacation time, up to a maximum of 40 hours. 2. After all first half awards have been distributed (at end of fiscal year), the amount of cash remaining to be paid out will be determined. If the total cash exceeds $25,000, a second selection of time off in lieu of money (up to the original 40-hour cap) will be offered to those awardees who have taken less than the full amount of time available. If more time off is selected, the remaining cash to be paid out will be recomputed. 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:415-691-1200 • FAX:41 5-691-0485 # E-mail: mroscl@netcom.com Hoard of Directors Pete Siemens,Mary C.Davey, teena Henshaw,David T.Smernott, Nonette Hanks,Betsy Crowder,Wim de Wit (,nest i"mmger:l Craig Britton R-95-115 Page 2 3. If the total cash to be paid out is equal to or less than $25,000, 100% of the second half award will be paid out. If the total cash to be paid out equals more than $25,000, the second half cash awards will be reduced proportionately. The advantage of this distribution method is that employees can receive at least a portion of their award immediately, rather than having to wait until the end of the fiscal year for the total award amount to be determined. In addition, this method slightly encourages the selection of time in lieu of money, which could further reduce the direct cash cost of this program. Possible disadvantages are that those employees selecting cash could receive less of their total award amount when compared to those employees who convert to time off, and that employees whose review dates fall early in the fiscal year will have to wait longer than others to receive the second half of their cash award. Prepared by: Deirdre Dolan, Administrative Analyst Contact person: Jean Fiddes, Administrative Services Manager i Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8175 450-00 Aaron's Septic Tank Service Sanitation Services 8176 225.00 Acme & Sons Sanitation Sanitation Services 8177 112.62 Acorn Naturalists Resource Materials 8178 1,293.57 Acute Computer Technology Computer Upgrade 8179 141.75 ADT Security Systems, Inc. Alarm System Repairs 8180 145-30 All Laser Service Computer Supplies 8181 47.70 Randy Anderson Private Vehicle Expense 8182 81.40 Aptos Ten Water Meter 8183 62.47 Artech Laminating Laminating Supplies 8184 472.88 AT&T Telephone Service 8185 111.97 Barron Park Supply Company Plumbing Parts 8186 182.00 Battery-Tech Inc. Radio Batteries 8187 114.73 Bay Area Air Quality Management District Permits 8188 56.00 Bay Area Public Affairs Council BAPAC Luncheon--C.Britton and M.Smith 8189 417.50 *1 Best Impressions Survey Volunteer Supplies 8190 358.10 Best Sanitation Sanitation Services 8191 74.15 Black Mountain Spring Water Water Service 8192 5,140.00 Louis Bordi Trail Construction 8193 705.94 BT K & D Redwood Office Supplies 8194 500.00 *2 Carleen Bruins Historic Furnishings for Grant House 8195 346.81 California Department of General Services Truck Service Fee 8196 100.00 California Preservation Foundation Registration-Judy Law 8197 386.18 California Water Service Company Water Service 8198 276.00 Camino Medical Group Medical Services 8199 50-00 Alan Carey Photograph Use Copyright Fee 8200 65.00 Chicago Title Company Reconveyance Fees 8201 192.50 *3 Chris's Custom Framing Framing 8202 1,750.00 *4 David Christie Consulting Services 8203 1,981.66 Coastal Ford Tractor Tractor Rental and Repairs 8204 72.72 Sheryl Cochran Private Vehicle Expense 8205 59.54 Coastside Proflame Propane Tank Rental 8206 78.90 Annette Coleman Reimbursement--Field Supplies 8207 20.00 Country Home Products,Inc. Field Supplies 8208 19.20 Coordinated Resources, Inc. Chair Parts 8209 339.60 Alice Cummings Private Vehicle Expense 8210 179.44 The Dark Room Black and White Prints 8211 2,773.23 Design Concepts Design Production Projects 8212 414.00 Economy Business Machines Typewriter Maintenance and Repairs 8213 551.15 Enshallah Consulting Services 8214 78.75 Federal Express Corporation Express Mail 8215 147.42 Jean Fiddes Private Vehicle Expense 8216 11.14 Film to Frame Film and Developing 8217 61.64 Foster Bros. Security Systems, Inc. Locks and Keys 8218 61.34 G & K Services Towel Service 8219 536.63 Gardenland Power Equipment Equipment and Repairs •1 Urgent check issued on August 31, 1995. *2 Urgent check issued on August 24, 1995. *3 Urgent check issued on September 1, 1995. *4 Urgent check issued on September 7, 1995. Page 1 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8220 360.00 Goldfus Enterprises, Ink Consulting Services 8221 222.11 Goodco Press Printing--Volunteer News 8222 25.59 W. W. Grainger, Inc. Welding Supplies 8223 113.40 Mary Gundert Private Vehicle Expense 8224 58.14 Philip Hearin Private Vehicle Expense 8225 1,011.30 Hertz Equipment Rental Equipment Rental 8226 59.40 Honda Peninsula Equipment Parts 8227 260.79 Hyster Sales Company Equipment Parts 8228 105.00 Institute of Computer Technology Training--T. Rosso 8229 135.00 International Right of Way Association Registration--M. Williams 8230 215.29 Kaiser Cement Corporation Base Rock 8231 48.39 Keeble & Shuchat Photography Film and Photographs 8232 65.17 Kinko's Printing 8233 43.06 Kent Kitterman, Inc. Field Supplies 8234 4,542.22 Dennis Kobza &Associates, Inc. Architectural Services 8235 306.24 Langley Hill Quarry Base Rock 8236 835.27 Lanier Worldwide, Inc. Photocopier Maintenance Agreement 8237 303.70 Judy Law Reimbursement-Signs and Aerials 8238 220.00 League of California Cities Registration-S. Schectman 8239 3.00 Lehman's Hardware Catalog 8240 100.99 Lexington Quarry Base Rock 8241 6.50 Loma Prietan Subscription 8242 400.00 Vincent L. Lorrain &Associates Appraisal 8243 30.00 Los Altos Chamber of Commerce Mailing Labels 8244 784.17 Los Altos Garbage Company Dumpster Rental 8245 1,535.88 Town of Los Gatos Consulting Services 8246 1,638.00 Land Trust Alliance Rally Registration--B.Crowder,M.Williams, and J. McCullough 8247 200.00 Bucky Mace Consulting Services 8248 249.98 McGrath RentCorp Field Office Rental 8249 485.94 *5 MetroMobile Communications Radio Repairs 8250 332.15 MetroMobile Communications Radio Repairs 8251 50.00 Menlo Park Chamber of Commerce Mailing Labels 8252 118.53 Micro Accounting Solutions Memory Upgrade 8253 4,283.46 Milstone Geotechnical Professional Services 8254 393.80 Minton's Lumber&Supply Field Supplies 8255 249.81 Moffett Supply Company Sanitation Supplies 8256 75.00 Mountain View Chamber of Commerce Mailing Labels 8257 162.00 Mountain View Optometry Safety Glasses 8258 2,429.85 Murray&Murray Legal Services 8259 90.00 *6 NAI Region 9 Workshop Registration-C. Solomon 8260 19.50 Netcom Online Service 8261 3,955.00 *7 Navarone Industries, Inc. Postage for Fall Newsletter 8262 1,377.35 Noble Ford Tractor, Inc. Tractor Parts and Repairs 8263 41.17 Nomey's of Mountain View Office Supplies *5 Urgent check issued on September 1, 1995. *6 Urgent check issued on August 30, 1995. *7 Urgent check issued on September 7, 1995. Page 2 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8264 24.54 Northern Energy, Inc. Propane Gas 8265 350.00 NRPA Congress Registration Registration-C. Britton 8266 841.63 Office Depot Office Supplies 8267 107.75 *8 The Office Outiftters Field Office Furnishings 8268 669.04 Orchard Supply Hardware Field Supplies 8269 1,152.50 Pacific Bell Telephone Service 8270 48*00 Palo Alto Chamber of Commerce Mailing Labels 8271 61.20 City of Palo Alto Utilities Utilities 8272 160.56 Peninsula Blueprint, Inc. Blueprints 8273 1,670.00 Petrotek Fuel Tank Removal 8274 63.03 Pitney Bowes, Inc. Postage by Phone Charges 8275 467.64 Pitney Bowes Credit Corporation Mailing Machine Rental 8276 10,000.00 Platypus Studio Consulting Services 8277 18.49 Precision Engravers, Inc. Name Badge 8278 7,812.50 Prudential Securities Remarketing Agreement 8279 250.00 The Public Agency Coalition Membership Fees 8280 1,567.59 Quicksilver Printing Printing 8281 9,067.50 R&S Erection Electric Gate Installation 8282 5.46 Rancho Hardware Field Supplies 8283 32.50 Rayne Water Conditioning Water Service 8284 100.00 Redwood City Chamber of Commerce Mailing Labels 8285 325.99 Regal Dodge, Inc. Vehicle Repairs 8286 809.71 Rich's Tire Service Tires and Repairs 8287 3,777.19 *9 Roys Repair Service Vehicle Maintenance and Repairs 8288 2,091.87 Roy's Repair Service Vehicle Maintenance and Repairs 8289 1,624.18 Russ Enterprises, Inc. Decals and Paint 8290 214.73 S &W Equipment Company Equipment Parts 8291 778.00 Santa Clara Department of Health Permits 8292 4,010.00 *10 County of Santa Clara Permit-Skyline Field Office 8293 170.61 Safety-Kleen Solvent Tank Service 8294 230.27 Skyline County Water District Water Service 8295 50.00 San Carlos Chamber of Commerce Mailing Labels 8296 862.50 Sandis Humber Jones Consulting Services 8297 207.21 San Jose Mercury News Advertisement 8298 93.66 San Lorezo Valley Locksmith Re-Key Hosking Barn 8299 779.00 Santa Rosa Junior College Ranger Academy Tuition-B. Downing 8300 40.00 Saratoga Chamber of Commerce Mailing Labels 8301 5,535.00 Susan Schectman Additional Legal Services-June-August 8302 2,738.95 Scribner Graphic Press Printing-Fall Newsletter 8303 1,452.50 Seafirst Bank Paying Agent Fees 8304 5,795.14 SECOR International Incorporated Sampling and Analysis 8305 600.00 Bill Signarowitz Road Maintenance Reimbursement 8306 282.07 Shell Oil Company Fuel 8307 1,112.05 Signs of the Times Signs *8 Urgent check issued on September 12, 1995. *9 Urgent check issued on September 1, 1995. *1 OUrgent check issued on September 7, 1995. Page 3 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8308 1,251.20 *11 Silverado Avionics, Inc. Radio Speakers 8309 5,250.00 George Sipel Associates Consulting Services 8310 12.58 Smith Equipment Field Supplies 8311 445.60 Malcolm Smith Reimbursement—Seminar Registration and Private Vehicle Expense 8312 573.14 Summit Uniforms Uniform Expense 8313 50.00 Sunnyvale Chamber of Commerce Mailing Labels 8314 634.45 Teater&Etc. Graphics Consulting 8315 1,584.80 Therma Corporation Heating/Air Conditioning Repairs 8316 7.00 Tooland,inc. Equipment Repair 8317 2,283.03 TransCom Code 3 Equipment and Installation 8318 65.00 *12 Uncommon Computer Solutions Printer Repair 8319 57.86 Universal Specialties, Inc. Sanitation Supplies 8320 95,000.00 Valley Title Company Property Purchase—Anthony 8321 540.00 Valley Title Company Title Reports 8322 4,000.00 Vargas&Company Final Audit Payment 8323 101.40 Michael Williams Private Vehicle Expense 8324 180.00 *13 Town of Woodside Permit 8325 1,760.00 Town of Woodside Geotechnical Review Fees 8326 77.56 Del Woods Reimbursement--Computer Supplies 8327 200.78 The Workingman's Emporium Uniform Expense 8328 751.19 Yardbird Equipment Sales Equipment and Repairs 8329 222.34 *14 Chris's Custom Framing Recognition Activities by the Board 8330 1,188.05 PIP Printing Printing 8331 899.41 Petty Cash Grant House Furnishings, Training, Postage, Office and Field Supplies, Vehicle Parts, Local and Out-of-Town Meeting Expense, Recognition Activities by the Board, Subscription and Private Vehicle Expense TOTAL 232,064.23 *11 Urgent check issued on September 1, 1995. *12 Urgent check issued on September 20, 1995. *13 Urgent check issued on September 14, 1995. *14 Urgent check issued on September 27, 1995. Page 4 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name- Description 8175 450.00 Aaron's Septic Tank Service Sanitation Services 8176 225.00 Acme&Sons Sanitation Sanitation Services 8177 112.62 Acorn Naturalists Resource Materials 8178 1,293.57 Acute Computer Technology Computer Upgrade 8179 141.75 ADT Security Systems, Inc. Alarm System Repairs 8180 145.30 All Laser Service Computer Supplies 8181 47.70 Randy Anderson Private Vehicle Expense 8182 81.40 Aptos Ten Water Meter 8183 62.47 Artech Laminating Laminating Supplies 8184 472.88 AT&T Telephone Service 8185 111.97 Barron Park Supply Company Plumbing Parts 8186 182.00 Battery-Tech Inc. Radio Batteries 8187 114.73 Bay Area Air Quality Management District Permits 8188 56.00 Bay Area Public Affairs Council BAPAC Luncheon--C.Britton and M.Smith 8189 417.50 *1 Best Impressions Survey Volunteer Supplies 8190 358.10 Best Sanitation Sanitation Services 8191 74.15 Black Mountain Spring Water Water Service 8192 5,140.00 Louis Bordi Trail Construction 8193 705.94 BT K & D Redwood Office Supplies 8194 500.00 *2 Carleen Bruins Historic Furnishings for Grant House 8195 346.81 California Department of General Services Truck Service Fee 8196 100.00 California Preservation Foundation Registration-Judy Law 8197 386.18 California Water Service Company Water Service 8198 276.00 Camino Medical Group Medical Services 8199 50.00 Alan Carey Photograph Use Copyright Fee 8200 65.00 Chicago Title Company Reconveyance Fees 8201 192.50 *3 Chris's Custom Framing Framing 8202 1,750.00 *4 David Christie Consulting Services 8203 1,981.66 Coastal Ford Tractor Tractor Rental and Repairs 8204 72.72 Sheryl Cochran Private Vehicle Expense 8205 59.54 Coastside Proflame Propane Tank Rental 8206 78.90 Annette Coleman Reimbursement--Field Supplies 8207 20.00 Country Home Products,inc. Field Supplies 8208 19.20 Coordinated Resources, Inc. Chair Parts 8209 339.60 Alice Cummings Private Vehicle Expense 8210 179.44 The Dark Room Black and White Prints 8211 2,773.23 Design Concepts Design Production Projects 8212 414.00 Economy Business Machines Typewriter Maintenance and Repairs 8213 551.15 Enshallah Consulting Services 8214 78.75 Federal Express Corporation Express Mail 8215 147.42 Jean Fiddes Private Vehicle Expense 8216 11.14 Film to Frame Film and Developing 8217 61.64 Foster Bros. Security Systems, Inc. Locks and Keys 8218 61.34 G & K Services Towel Service 8219 536.63 Gardenland Power Equipment Equipment and Repairs `1 Urgent check issued on August 31, 1995. *2 Urgent check issued on August 24, 1995. *3 Urgent check issued on September 1, 1995. *4 Urgent check issued on September 7, 1995. Page 1 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8220 360.00 Goldfus Enterprises, Ink Consulting Services 8221 222.11 Goodco Press Printing-Volunteer News 8222 25.59 W. W. Grainger, Inc. Welding Supplies 8223 113.40 Mary Gundert Private Vehicle Expense 8224 58.14 Philip Hearin Private Vehicle Expense 8225 1,011.30 Hertz Equipment Rental Equipment Rental 8226 59.40 Honda Peninsula Equipment Parts 8227 260.79 Hyster Sales Company Equipment Parts 8228 105.00 Institute of Computer Technology Training-T. Rosso 8229 135.00 International Right of Way Association Registration-M. Williams 8230 215.29 Kaiser Cement Corporation Base Rock 6231 48.39 Keeble & Shuchat Photography Film and Photographs 8232 65.17 Kinko's Printing 8233 43.06 Kent Kitterman, Inc. Field Supplies 8234 4,542.22 Dennis Kobza &Associates, Inc. Architectural Services 8235 306.24 Langley Hill Quarry Base Rock 8236 835.27 Lanier Worldwide, Inc. Photocopier Maintenance Agreement 8237 303.70 Judy Law Reimbursement-Signs and Aerials 8238 220.00 League of California Cities Registration-S. Schectman 8239 3.00 Lehman's Hardware Catalog 8240 100.99 Lexington Quarry Base Rock 8241 6.50 Loma Prietan Subscription 8242 400.00 Vincent L. Lorrain &Associates Appraisal 8243 30.00 Los Altos Chamber of Commerce Mailing Labels 8244 784.17 Los Altos Garbage Company Dumpster Rental 8245 1,535.88 Town of Los Gatos Consulting Services 8246 1,638.00 Land Trust Alliance Rally Registration-B.Crowder,M.Williams, and J. McCullough 8247 200.00 Bucky Mace Consulting Services 8248 249.98 McGrath RentCorp Field Office Rental 8249 485.94 *5 MetroMobile Communications Radio Repairs 8250 332.15 MetroMobile Communications Radio Repairs 8251 50.00 Menlo Park Chamber of Commerce Mailing Labels 8252 118.53 Micro Accounting Solutions Memory Upgrade 8253 4,283.46 Milstone Geotechnical Professional Services 8254 393.80 Minton's Lumber&Supply Field Supplies 8255 249.81 Moffett Supply Company Sanitation Supplies 8256 75.00 Mountain View Chamber of Commerce Mailing Labels 8257 162.00 Mountain View Optometry Safety Glasses 8258 2,429.85 Murray& Murray Legal Services 8259 90.00 *6 NAI Region 9 Workshop Registration-C. Solomon 8260 19.50 Netcom Online Service 8261 3,955.00 *7 Navarone Industries, Inc. Postage for Fall Newsletter 8262 1,377.35 Noble Ford Tractor, Inc. Tractor Parts and Repairs 8263 41.17 Nomey's of Mountain View Office Supplies *5 Urgent check issued on September 1, 1995. *6 Urgent check issued on August 30, 1995. •7 Urgent check issued on September 7, 1995. Page 2 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8264 24.54 Northern Energy, Inc. Propane Gas 8265 350.00 NRPA Congress Registration Registration-C. Britton 8266 841.63 Office Depot Office Supplies 8267 107.75 *8 The Office Outiftters Field Office Furnishings 8268 669.04 Orchard Supply Hardware Field Supplies 8269 1,152.50 Pacific Bell Telephone Service 8270 48.00 Palo Alto Chamber of Commerce Mailing Labels 8271 61.20 City of Palo Alto Utilities Utilities 8272 160.56 Peninsula Blueprint, Inc. Blueprints 8273 1,670.00 Petrotek Fuel Tank Removal 8274 63.03 Pitney Bowes, Inc. Postage by Phone Charges 8275 467.64 Pitney Bowes Credit Corporation Mailing Machine Rental 8276 10,000.00 Platypus Studio Consulting Services 8277 18.49 Precision Engravers, Inc. Name Badge 8278 7,812.50 Prudential Securities Remarketing Agreement 8279 250.00 The Public Agency Coalition Membership Fees 8280 1,567.59 Quicksilver Printing Printing 8281 9,067.50 R&S Erection Electric Gate Installation 8282 5.46 Rancho Hardware Field Supplies 8283 32.50 Rayne Water Conditioning Water Service 8284 100.00 Redwood City Chamber of Commerce Mailing Labels 8285 325.99 Regal Dodge, Inc. Vehicle Repairs 8286 809.71 Rich's Tire Service Tires and Repairs 8287 3,777.19 *9 Roys Repair Service Vehicle Maintenance and Repairs 8288 2,091.87 Roy's Repair Service Vehicle Maintenance and Repairs 8289 1,624.18 Russ Enterprises, Inc. Decals and Paint 8290 214.73 S&W Equipment Company Equipment Parts 8291 778.00 Santa Clara Department of Health Permits 8292 4,010.00 *10 County of Santa Clara Permit--Skyline Field Office 8293 170.61 Safety-Kleen Solvent Tank Service 8294 230.27 Skyline County Water District Water Service 8295 50.00 San Carios Chamber of Commerce Mailing Labels 8296 862.50 Sandis Humber Jones Consulting Services 8297 207.21 San Jose Mercury News Advertisement 8298 93.66 San Lorezo Valley Locksmith Re-Key Hosking Barn 8299 779.00 Santa Rosa Junior College Ranger Academy Tuition-B. Downing 8300 40.00 Saratoga Chamber of Commerce Mailing Labels 8301 5,535.00 Susan Schectman Additional Legal Services-June-August 8302 2,738.95 Scribner Graphic Press Printing-Fall Newsletter 8303 1,452.50 Seafirst Bank Paying Agent Fees 8304 5,795.14 SECOR International Incorporated Sampling and Analysis 8305 600.00 Bill Signarowitz Road Maintenance Reimbursement 8306 282.07 Shell Oil Company Fuel 8307 1,112.05 Signs of the Times Signs *8 Urgent check issued on September 12, 1995. *9 Urgent check issued on September 1, 1995. *1 OUrgent check issued on September 7, 1995. Page 3 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8308 1,251.20 *11 Silverado Avionics, Inc. Radio Speakers 8309 5,250.00 George Sipel Associates Consulting Services 8310 12.58 Smith Equipment Field Supplies 8311 445.60 Malcolm Smith Reimbursement--Seminar Registration and Private Vehicle Expense 8312 573.14 Summit Uniforms Uniform Expense 8313 50.00 Sunnyvale Chamber of Commerce Mailing Labels 8314 634.45 Teater& Etc. Graphics Consulting 8315 1,584.80 Therma Corporation Heating/Air Conditioning Repairs 8316 7.00 Toolandjnc. Equipment Repair 8317 2,283.03 TransCom Code 3 Equipment and Installation 8318 65.00 *12 Uncommon Computer Solutions Printer Repair 8319 57.86 Universal Specialties, Inc. Sanitation Supplies 8320 95,000.00 Valley Title Company Property Purchase—Anthony 8321 540.00 Valley Title Company Title Reports 8322 4,000.00 Vargas&Company Final Audit Payment 8323 101.40 Michael Williams Private Vehicle Expense 8324 180.00 *13 Town of Woodside Permit 8325 1,760.00 Town of Woodside Geotechnical Review Fees 8326 77.56 Del Woods Reimbursement—Computer Supplies 8327 200.78 The Workingman's Emporium Uniform Expense 8328 751.19 Yardbird Equipment Sales Equipment and Repairs TOTAL 232,064.23 *11 Urgent check issued on September 1, 1995. *12 Urgent check issued on September 20, 1995. *13 Urgent check issued on September 14, 1995. Page 4 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: September 28, 1995. SUBJECT: FYI 330 Distel Circle Los+ Altos,CA 94022-1404 L Phone: 415-691-1200 • FAX:415 691-0485 E-mail: mrosd@netcom.corn 0 Board of Dire(tors:Pete Siemens,Mary C.Davey, feena Henshaw, David L Smernoff,Nonette Hanko,Betsy Crowder,Wien de Wit General Manager:L.Craig Britton Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 26, 1995 I lonorable Bill Siegel Mayor, Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Dear Mayor Siegel: Thank you once again for providing an opportunity for us to present an overview of the Midpeninsula Regional Open Space District and its programs. I appreciate the council's time and attention. Councilmernber Casey asked about our policy regarding access to the preserves for visitors with dogs. I would like to take this opportunity to provide the Council with background information and current status of the issue. As I noted, the Board has been discussing this issue for at least the last year during numerous Board and public task force meetings. As a result of these exhaustive discussions, research, and staff analysis, the Board has made a number of decisions regarding this policy. 'These decisions deal with the specifics of which preserves should have access for dogs, and to what extent. I feel very positive that the Board's decisions are well thought out, and are the result of comprehensive deliberations. I have attached a number of documents which outline the chronology, development, and results of these deliberations: Agenda item: Committee Recommendations on Additional Access for Dogs (Board meeting of June 28, 1995); Agenda item: Staff Recommendations on Additional Access for Dogs (Board meeting of June 28, 1995); Excerpt from Summary of June 28, 1995 Board meeting (including results of above agenda items); Agenda item: Schedule to Complete Review of Additional Access for Dogs (Board meeting of July 26, 1995); Excerpt from Summary of July 26, 1995 Board meeting (including results of above agenda item); Agenda for September 27, 1995 Board meeting (note item R 1, Follow-up Reports on Dog Access); Agenda item: Dog Access Policy Questions (Board meeting of September 27, 1995); September 20, 1995 update memo directed to all interested parties. 330 Distel Circle • Los Altos, GA 94022-1404 9 Plione: 4 15 091-1200 • FAX: 415-691 -0485 • E-mail: 111ros(K-Onetcormcom l3o.11d of[)it(,(lots:Pete siellien"Maly C. [),Ivey, 14'ella I 1cljjja\%,[),,v id t.Smetnoff, Nonette I lanko,Betsy Crowder,Willi de Wit Gcnowl ATm,q,,vr:I..Craig Britton September 26, 1995 Honorable Bill Siegel Page -2- I hope that this information fully answers any questions or concerns that you or other members of the council may have. If not, please feel free to contact me for clarification or further information. Again, thank you for your time, and that of the ]'own Council. We look forward to hearing from the Town Legal Counsel oil the issue of Olive Tree Lane, and stand ready to assist her with any research that may be required. Since ely, L. Craig ritton General Manager LCB/mcs cc: lonorable Toni Casey, Town of Los Altos Llills Sandy Sloan, Legal Counsel, 'Down of Los Altos Mills Board of Directors, MKOSD Regional Open Spacq& MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 22 , 1995 The Honorable Patrick O' Laughlin Mayor, Town of Los Gatos P.O. Box 949 Los Gatos, CA 95031 Subject : 15294 Kennedy Road, Architecture and Site Application S-95-43 , Sierra Azul Open Space Preserve Dear Mayor O' Laughlin: The District respectfully requests that the Planning Commission delay final action an Architecture and Site Application S-95-43 . This will give the District and property owner time to complete discussions regarding grading and encroachment issues on the property, which is adjacent to the District' s Sierra Azul Open Space Preserve . Our concerns relate directly to issues between the District and the property owner relative to, a recorded Grant of Conservation and Open Space Easement over the property which is the subject of the application to the town. Sincerely, Pete Siemens President Board of Directors CC: Norman Matteoni, Esq. T.W. Ireland Lee E. Bowman, Planning Director Planning Commission Town Council 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mroscl@netcom.corn 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena I lenshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton On Savi"ng L A Newsletter for California Land Trusts Volume 4, Number 5 September/October 1995 Alarming Trend for Park Funding Declining State Spending Threatens Open Space for Future Generations he next time you're on a bus or a oriented quality of life, and are essential to the public street, look around—and survival of California's wildlife populations. imagine California 30 years from The California Department of Finance now. Everywhere you see three people projects that California's population will now, imagine five. Everywhere you see grow to nearly 50 million by the year 2020. one car, imagine two. This growth will both increase the demand Where will these people recreate? Where for open space and, conversely, increase will they go on weekends? Will there be the pressure to develop open-space areas. enough parks and open space for them to As California's economy recovers, land- find what Thoreau called "a spell of consuming development projects will solitude" in a natural setting—a protected accelerate. Significant new funds will be shoreline, a trail, a neighborhood park? needed to preserve many of the places that If public spending trends of the past make California special—and to provide seven years are anything to go by, the new recreational opportunities for answer is no. California's growing population. Despite the tremendous need to A Time of Serious Cuts establish new land conservation funding Since (tie late 1980s, federal, state and sources, conservation groups and their local funding for public land acquisition allies have had to work hard to preserve has declined dramatically. In some cases, the few remaining funds that currently : agencies have seen their annual land - exist. A review of recent public spending Inside -acquisition and restoration appropriations patterns reveals that as public revenues Legislative drop by more than 90 percent. At this continue to decline, land conservation Wrap-up point, the cuts seriously impede the ability programs have taken disproportionately p. 6 of some land conservation agencies to huge budget cuts. carry out their public mandates. Saving the With public agencies short-staffed and STATE OF CALIFORNIA Emigrant Trail underfunded, a larger burden has fallen on State Parks Department: California's p. 7 private nonprofits and land trusts. But the nationally renowned system of state parks private sector cannot begin to make up for is under severe stress from budget cuts in the loss of funding, nor provide open recent years. According to the State's space for a near-double state population on Legislative Analyst, "Between 1990-9Land RHT r its own. This disturbing funding trend 1995-96, General Fund support for the State �-F O R directly threatens vital open-space areas Department of Parks and Recreation fell PUBLIC-IC that are not protected—areas that have from $70.9 million to $48 million, a LAN D . scenic and historic value, offer recreational decrease of about $22.9 million (or 32 ` resources for families, are very important to percent)." - California's tourist industry and outdoor- - _ See Funding, page 2 _ percent since 1988-89). Four million of the __cause they recognize that habitat is SCC's $4.4 million current project allocation essential to maintain wildlife populations comes from the Proposition 117 Habitat for the enjoyinent of both hunters and non- Conservation Fund. hunters. So far, efforts to repeal the State Funds Under Attack HCF have failed as California's population Despite the tremendous need to increase pro habitat support- park and open-space funding, the few ers have rallied to will grow to 50 million by existing state funding sources are save the fund. threatened. The HCF has also the dear 202O, increasing d int threatened Habitat Conservation Fund: In 1990, been t both the demand for voters approved Proposition 117, which the State's budget established the HCF. The law requires the process. The recently open space and, state to allocate at least $30 million each signed state budget year to the HCF, to buy and improve diverts most of the conversely, the pressure to h h funds that the wildlifeildlife areas. Today, the HCF is the state's fun develop Open Space areas. most important funding source for Wildlife Conservation preserving California's natural heritage. Board was to receive However, the HCF has been Linder for habitat purchases attack. Some trophy-hunting groups have to other resource agencies, leaving WCB Pushed legislation to abolish the HCF in with inadequate funds to address growing order to assist in their efforts to renew the threats to California's wildlife areas. sport hunting of mountain lions (Prop 117 Environmental Enhancement and also put a moratorium on hunting the great Mitigation Program: As part of the cats). While some of their lobbyists con- compromise that led to the increase in the cede that the HCF is important to protect- state gas tax in 1990, $10 million was ing habitat for the wildlife that hunters promised each year for the EEMP program enjoy, they have nevertheless attacked the to fund park land acquisition, urban tree fund in an effort to increase support for planting, and roadside recreation projects. their trophy-hunting agenda. More reason- able hunting groups support the HCF See Funding, page 4 California's Population Growth, in Millions 70-- 40--, 30 20--, 16.9 10 n6 15.7 19.9 23.7 29.8 1 36.4 42-41 -49.0 '56.1 3.3 1940 1N0 1%0 1970 19M 19M 20M 2010 2020 2030 2040 Source:California Department of Finance Sep t/Oct 1995 31 Funding, from page 3 The LWCF has been under attack by some in the new Congress, and wear and The program was the brainchild of State tear on the fund is Obvious and severe. Assembly Transportation Committee When the House completed action on the Chairman Richard Katz (D-Sylmar). Interior Appropriations bill for 1996, they Because Of multi-billion shortfalls in the included only about S51 million for land State's highway budget. however, the 1995- 1" 7 conservation projects—a 78 percent 96 state budget proposed only half-funding reduction compared to the current year. the EEMP. During the final budget The House also dropped the tradition of negotiations, Assemblyman Katz secured an specifically identifying which projects agreement to restore funding for the EEMP would he funded. to S10 million for this year. However, Thankfully, the U.S. Senate disagreed, future EEMP allocations may be cut to the recommending a far smaller reduction and S5 million annual level. continuing to earmark appropriations for specific projects. However, the Senate bill FEDERAL FUNDS Still Cut the LWCF' to $127 million for 1996. Land and Water Conservation Fund: At press time, the key HOLlse-Senate confer- The LWCF is the granddaddy of the., once committee was still deliberating the nation's land conservation funding sources fate of the LWCF for the 1996 fiscal year. The funding comes primarily from lease payments for off-shore oil mining in U.S. CITIES AND COUNTIES coastal waters. The fund was established in To address shortfalls in local revenues, part as mitigation for the damage caused many cities and Counties have made deep by the oil mining. The LWCF is authorized Cuts in their local budgets. In many cases, to provide up to $1 billion a year for the local park budgets have taken a federal aC(ILlisition of open space lands, disproportionate hit, making it more and federal grants to states and localities difficult to fund local park projects and for recreation land purchases and facility maintain existing facilities. Many park developments. Since the early 1980s, the departments have also had to cut back on LWCF has received steadily less funding their educational and recreational programs from Congress. In the 1995 fiscal year, the and activities. LWCF was allocated only $235 million. Assessment Districts Under State Coastal Conservancy&Wildlife Conservation Board Attack Annual Appropriations for Land Acquisition and Restoration,in Millions Assessment districts are playing an increasingly important role in funding the SCC maintenance of local park facilities and the WCB creation of new parks. In 1992, Los Angeles .$35- County voters approved a park assessment ballot measure that provided $540 million _$30 for a variety of local park and open-space projects. Many cities, including Sacramento, $25 have recently used assessment districts to ensure the upkeep of existing park facilities _$2 and to provide funding for park programs that give at-risk youth positive alternatives to crime, drugs, and gangs. 175 Anti-tax groups, including the Howard Jarvis Taxpayers Association, have set their sights on assessment districts. Fortunately, 124.4 t5iA 44 13. 4.4 6.9 4.4 7].6 the State Legislature has rejected several 1 - _j _ proposals over the past two years that 89-90 90-91 91-92 92-93 93-94 94-95 95-96 would have made it extremely difficult for Sources:SCC,WCB,State Legislative Analyst's Office 4 On Saving Land cities and Counties to establish new we are to provide decent recreational assessment districts. Not to be deterred, the opportunities and a modicum of natural .Jarvis group has announced that they will habitat for the people and wildlife of soon file an initiative for the November California in the decades to come. No 1996 ballot that would ban the use of any statewide park and open-space bond act new assessment district revenue for any has been approved park or open-space purpose. Their since 1988's measure threatens reatens to close existing parks Proposition 70 (the Since 1981, State Park by forcing the abolition of existing park California Park and assessment districts unless they are ratified Wildlife Initiative) annual land acquisition by the voters within two years of the Jarvis was passed. If we are expenditures have proposal's passage. to preserve California's natural plummeted by an almost Need for Renewed Public heritage for present Leadership and, future unbelievable 05-9percent. These disturbing trends will continue generations. major Funds for maintaining unless California receives renewed leader- new funding sources ship from nonprofit groups and elected need to.he park facilities have also officials at the federal, state, and local levels. established soon. dropped steeply, from While land conservation Supporters have Expanding funding - worked fairly effectively to fend off efforts for open-space $33 million to $65 million. to destroy existing funding sources, their acquisition and efforts to create new funding Sources have improvement projects been less Successful. New funding pro- will require extensive political organizing. posals and bills have repeatedly run into It will also require additional political resistance from state and local legislative Support from elected officials. To start bodies facing the overwhelming constraints building this kind Of Support and of increasingly limited public funding. leadership, land trusts and conservation There are some rays of hope. Senator groups throughout California are planning Jack O'Connell and the Planning and on meeting with their elected officials this Conservation League are sponsoring Senate fall, when legislators and congressional Bill 1280, which is the best prospect this members are in their districts. U year to expand land conservation funding. The innovative proposal provides land California Department of Parks and Recreation owners with tax credits if they donate their Annual Expenditures for Land Acquisition&Local Park Projects,in Millions wildlife lands to state or local agencies or designated nonprofit groups, subject to the 1601 Land Acquisition approval of the Legislature and the Resources Secretary. The measure also $1401 Local ParkProjects provides tax credits to farmers who donate conservation easements that ensure that $120 their agricultural lands won't be developed. SB 1280 xvas approved by the State Senate $100-1 by a 30-to-3 vote earlier this year and is __ _0 ' now before the State Assembly. SB 1280 $8 offers Governor Wilson a key opportunity $601 to demonstrate his Support for land 1, conservation and to give a significant boost _$414O to his habitat conservation planning process in Southern California. Bills like SB 1280 could address part of 155 44 16 78 U=4 4.5 5 3.3 the funding shortfall problem, but far $0 , greater funding Sources will be needed if 89-90 90-91 91-92 92-93 93-94 94-95 95-96 Sources:DPR,State Legislative Analyst's Office MNNNNNENNN*� Sept/Oct 1995 5 Legislative LegisiaAe Session ion Draws co a Close Update A t press time, the State Legislature was to state and local agencies and nonprofit entering the final days of the 1995 groups. legislative year. Because significant action Status: stalled in the Assembly Water, will be taken before the Legislature is Parks and Wildlife Committee. The scheduled to recess on September 15th, the measure's fate this year is tied to final status of the bills mentioned below negotiations over reforms to the state's may have changed. endangered species laws. If it is not approved this year. S13 1280 can still be Legislative Wrap-up enacted in 1996. S13 28 (Leslie): The provisions in this bill that would have repealed the Proposition Orange County Gains in Capitol 117 Habitat Conservation Fund have I-)een Clout removed. The hill now allows Lip to Orange County was the real winner this $250,000 a year for three years to 1v legislative session when significant changes allocated from the IICF for a study of were made regarding the Legislature's mountain lions that would address public leadership including: safety and sport hunting issues. * Assemblywoman Doris Allen (R- Status: forwarded to the Assembly Floor. Cypress) succeeds former Assembly All 1234 (Cortese): Would place a state Speaker Willie Brown (D-San Francisco) as park and wildlife habitat bond act on the the new Speaker of the State Assembly, 1996 ballot. Assembly Speaker Emeritus Brown has ,Status: stalled in the Assembly announced his candidacy for the mayorship Appropriations Committee. No further of San Francisco. action expected this year. - State Senator Rob Hurtt (R-Garden AB 1830 (Mazzoni): Authorizes the Grove) succeeds Senator Ken NIacldy (R- Countv of Marin to place a park and open- Fresno) as the new Senate Republican space assessment district on the 1996 ballot. Leader. Status: forwarded to the Senate Floor. Assemblyman Curt Pringle (R-Garden ACA 13 (Johnson) and SCA 13 (Hurtt): Grove) was recently elected as the new Would place a constitutional amendment Assembly Republican Leader Succeeding on the ballot that bans the use of new or Assemblyman Jim Brulte (R-Cucamonga) increased assessment district revenues for who is expected to run for State Senate park or open-space purposes. next year. —By Corey Brown Status: stalled in the Assembly and Senate Local Government Committees, respectively. No further action expected this year. However, a similar measure may How to Get a Copy of a Bill be filed this fall as an initiative by the To obtain copies of legislative publications Howard Jarvis Taxpayer's Association. including any bill,call the Legislative Bill SB 749 (Hayden): Would place a park Room at 916-445-2323. and wildlife habitat bond act on the 1996 To receive a copy of the Trust for Public ballot. Land's Legislative Handbook,which includes Status: stalled in the Senate Natural legislative rosters,district maps,and key Resources and Wildlife Committee. No deadlines,write to: further action expected this year. S13 1280 (O'Connell): Provides a tax The Trust for Public Land,Attn:Chuck Mills, credit for persons who donate important 926 J Street#608,Sacramento,CA 95814. wildlife habitat lands and some park lands I 60n Saving Land Yolo Trust Takes on Its First )rtion of the 150-year-old Emigrant Ti Land Trust Agricultural Easements The land trust purchased the property with its land acquisition fund, and conveyed all News Tlie Yolo Land Conservation Trust but 17 acres to the state as an addition to recently acquired its first two easements Donner Memorial State Park. The remain- over agricultural lands. The city of Davis ing acreage will he sold to the state when 1� I funding is available. had required the easements as mitigation The Truckee Donner Land Trust, which for two separate housing development is active in eastern Nevada and Placer projects within the city. One easement, Counties and southeastern portions of which covers 120 acres, will be held jointly Sierra County, has a membership of 500. by the land trust, the city, and the County Local Agency Formation Commission. The POST Wins Open-Space Addition second easement, over 20 acres, will be In June, the Peninsula Open Space Trust held by the land trust and the city. �IC(]Uired a 20-4-acre property Surrounded The trust also announced that it is now I by protected open space at a sealed bid the sole land trust covering Yolo Count, auction. Located in San Mateo County, the the Davis Rural Land Trust decided recently property is ringed by the Windy Hill Open to cease its operations and a few of its board members have joined the board of Space Preserve. POST used $2.7 million the Yolo Land Conservation Trust. from its Revolving Land Fund for the purchase. The property will eventually be New Southern California Land Trust sold to the Midpeninsula Open Space The Cleveland National Forest FOUnda- District, and will then be open to the tion has been established to protect the public, POST and the district are exploring remaining undeveloped, privately owned the possibility of selling two sites for lands within the forest. The national forest development to offset the cost of preserv- boundaries enclose 650,000 acres in four ing the majority of the property, non-contiguous areas within San Diego, Clint Makes a Deal Orange, and Riverside Counties. For more With an anticipated $5.6 million from information, call 619-595-3693. CaIPAW 94, the Big Sur Land Trust had Partial Development Saves Mt. hoped to buy a critical 134-acre farm on Diablo Open Space Carmel's Highway 1, called Odello East. In July, Save Mt. Diablo, a Contra Costa The March/April issue of On Saving Land County land trust, reached an agreement explained how the trust loaned the land- with a developer that preserves 60 acres of owners 51.35 million to delay their plan,to open space in a 4-unit, 151-acre subdivision. develop 82 homes on the property. An additional scenic easement was placed After CaIPAW was rejected by voters, the over all but eight acres of the parcel, which trust had to let their option on the property will be used for the building sites. lapse. The Odellos have grown artichokes The land, located between Mt. Diablo on the land since 1924, and although they State Park and Black Diamond Mines Re- preferred to keep the property in agricul- gional Preserve, contains valuable oak tUral use, had been trying to develop the woodlands that are home to the threatened land for a decade. Alameda -,,,,hipsnake. When construction is Riding to the rescue, former Carmel completed, the open space will be managed mayor Clint Eastwood and his former wife, by either Save Mt. Diablo or a public agency. Maggie, agreed in June to purchase the property. The East-woods have no plans to Saving the Emigrant Trail develop Odello East, but they are exploring The Truckee Donner Land Trust and the their options. The purchase is contingent California Department of Parks and Recre- on Monterey,County purchasing a 280-acre ation closed escrow in May on a 131-acre Carmel'property from the Eastwoods, using property in Coldstream Valley, a critical Proposition 70 funds. —By Elizabeth Byers SeptlOct 1995 7 Calendar October Grant Deadline, October 17, for the National Urban Forestry Grant Program. $98,000 is available Grant Deadline, October 1. for Habitat for urban forestry projects in four categories: tree Conservation Funds administered by the advisory boards, tree care, volunteer development, Department of Parks and Recreation. Cities, and strategic planning. Citizen groups and city- affiliated Volunteer roups counties, and special districts are eligible for a grantS Up to $5,000.g Grant are eligible to apply for total of S2 million on a 50-percent marching basis funds must be matched I)v non-fecleral funds and contributions. Contact for projects that protect, restore, or enhance California ReLeafat 71-4-557-2575. wildlife habitat and significant natural areas. This year, eligible project types include protection of Conference, October 26-27. The California wetland, riparian, anadromOUS fish, and trout Association of Nonprofit's fourth annual habitat, as well trail programs. Call 916-653--423- conference on public and private funding, grantmaking, and nonprofit administration. Over Grant Deadline, October 13, for ISTEA transportation enhancement funds. Grants are 40 workshops, seminars. and panels. Held in available for land protection, trail, and other Burlingame. Call 408­458-1955. projects relaxed to transportation facilities. Eligible costs include planning, land acquisition, and construction. Only Public agencies are November eligible for funding: land trusts Must Submit joint proposals. Contact your Regional Transpol�tation Planning Agency for your regions deadline. For Conference, November 14-16, California an application, c.ontact the Caltrans Transportation Riparian Fcos-Vstems. Presented by the University Tniversity Facilities Enhancement Office, 916-654-5275. Extension at I V Davis. Covers applied technology, science, and environmental planning in addressing Land Trust Alliance National Rally, October restoration and Sustainable management of whole 15-18, held at Asilomar Conference Center on the riverine systems. Field in Sacramento. Call 800- Monterey Peninsula. Registration deadline is 752-0881. September 21. This is the largest conference for and about land trusts in the country, and will Grant Deadline, November 17. for Proposition 111 Environmental Enhancement and Mitigation bring together conservationists, government Program. $10 million is available for California agency staff, a.ttorne.ys, appraisers, land planners, projects thatrnitigate the environmental impact of and conservation-minded landowners. The four- day agenda includes numerous workshops to the construction or modification of highways and i transportation facilities. Contact the EEMP choose from, plus field trips. Contact the Land other program coordinator, 916-653-5656. Trust Alliance at 202-638472). 016 TRUST C PUBLIC LAN D SEP 22 Craig Britton 116 New Montgomery Third Floor Midpeninsula Open Space District San Francisco,CA 94105 330 Distel Circle Los Altos, CA 94022 MARIN MUNICIPAL WATER DISTRICT 220 Nellen Avenue Carte Madera,t::A 9€925-1 I69 415.924.46CXI September 19, 1995 FAX 41'.927.4953 File 701.0 736.0 Mr. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Mr. Britton: I want to take this opportunity to thank you for allowing John Escobar to attend the Marin Municipal Water District Board meeting on Wednesday, September 13, 1995. John's presentation to the Board regarding your agency's volunteer program provided the Directors with essential information necessary to make an educated and informed decision. His knowledge and expertise pertaining to the intricacies of establishing and maintaining a successful volunteer were invaluable to program our Board. I am pleased to say, as a result of staffs report which was complemented by John's presentation, the Board of Directors approved staffs recommendation to establish a MMWD Volunteer Program. This is an exciting approach by the District and we look forward to working with the community to promote volunteer projects throughout the Mount Tamalpais Watershed. John's assistance and support toward this end are greatly appreciated. My compliments to him and to you for the interagency cooperation demonstrated by the staff of the Midpeninsula Regional Open Space District. Very truly yours, :�� P I Steve Phelpsry Manager, Environmental Resources Division SP:ho AC(!F fTR II' y i I r'i7 AnCEqual�i�J�>tl Opportunity/�.!�p�4[t72YtActionE.[ll�.)�O'(CC F-if'(1C 56fi� l z e3$ Funding, from page 1 only S6,5 million in the 1995-96 budget— While some of this gap has been bridged an 80 percent decline. with large fee increases and the transfer of State Park grants for local park projects funds from short-term funding Sources, the have been virtually eliminated. In 1989-90, Cuts have left State Parks without the State Parks was allocated $155 million to resources they need to maintain park assist local park projects. The new budget facilities or buy additional land and build provides only S47) million for local grants—a additional park facilities to meet California's 97 percent reduction. Forty percent (S2 growing demand for park space. million) of these remaining funds come - State Park annual acquisition from the Proposition 117 1 lahitat expenditures have plummeted by 59 Conservation Fund. percent since 1989-90, and by an almost Remember, too, that none of these Unbelievable 89 percent since 1981-82 figures have been adjusted for inflation. - (S-to,-4 million in 1981-82 compared to S-4.5 The real extent Of these Cuts is exen more million in 199-4-95). The recently signed severe when one considers the effects of state budget allocates only S3.3 million for rising land prices; S5 million in 1989 Could State Park acqUisitions-52.5 million of buy a lot more park land than the same which comes from the Proposition 117 amount could today. Habitat Conservation Fund. Wildlife Conservation Board: WCB State Park development funds have also purchases fish and wildlife areas for the declined radically. In 1981-82, State Parks state Department of Fish and Game. While received more than S33 million to build fish and wildlife Populations continue to and rehabilitate park facilities, compared to decline largely because Of habitat losses, new annual appropriations that allo,,,v WCB to huv wildlife areas have declined by 80 Seven-Year Trend percent since 1989-90. Annual State Funding for Land Conservation Projects Since 1989-90 While \X'CB is required by law to receive at least S21 million each year to purchase • State Park Acqusitions: 59% decline and improve wildlife areas, the recently in expenditures for land acquisition approved State Budget for 1995-96 only • State Park Grants for Local Projects: 97% decline provides \X-CB with S7.6 million in new project funds—nearly all of which comes in expenditures for land acquisition and other local park projects from Proposition 117's Habitat Conservation Fund. • State Coastal Conservancy: 80% decline State Coastal Conservancy: The SCC in appropriations for land acquisition, buys and restores open-space lands along restoration, and other projects California's majestic coastline. Despite the 0 Wildlife Conservation Board: 84% decline tremendous importance of California's in appropriations for land acquisition scenic coast to California's tourism industry, the SCC*s annual allocations have dropped Sources: DPR,scq,WCB.State Legislative Analyst's Office A by 80 percent since 1989-90 (and nearly 90 On Saving Landis a publication,forthe with urban and rural groups and government California land trust community. Cbrifin-bidtions agencies to share knowledge of nonprofit land from all readers are welcomed. Reproducing and conservation techniques. distributing-material from this newsletter is Published six times a year by_The.Trust for encouraged, provided credit is given to the author Public Land, 116 New Montgomery Street,qbird;- and On Saving Land Floor,San Francisco,CA 04105,415-495-5660. on Saving Land is a project of The Trust for Printed on recycled paper. , Public Land(TPL),a,national landconslervatign Serena Herr, Editor, organization dedicated to 'preserving public 6pen Elizabeth Byers, Lrihd Trust Pmgram.Direck' space-Pwt of TPL's mis-siori-is to work closely Western'Region, - 2 On Saving Land f INTER-OFFICE MEMORANDUM September 28, 1995 TO: Craig Britton, General Manger FROM: John Escobar, Operations Manager SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month Au ug st Year 1995 VIOLATIONS TOTALS ACCIDENTS TOTALS Bicycles Bicycle 8 Closed area 12 Equestrian 0 Speed 3 Hiking/running 3 Helmet 19 Other first- aid 1 Dogs Search/rescue 1 Prohibited area 5 Off-leash 3 ENFORCEMENT Fishing/swimming 0 Citations 39 Off-road vehicles 0 Written warnings 48 Closed area — 0 Arrests 0 After hours 14 Police assistance 3 Weapons Actual contacts 2 CREMES Reports only 1 Auto burglaries 1 Vandalism 2 Stolen vehicle recovery 0 Parking 9 Cultivation of marijuana 2 After hours parking 25 False info to peace officer 4 Dumping/littering 1 Campfire 1 MUTUAL AID Accidents 2 Enforcement Fire 1 SUMMARIES OF SIGNIFICANT INCIDENTS 1. Four injury accidents (all solo bicycle) occurred during the month of August in the Skyline Area, three of which required transport to a hospital by ambulance and one that should have, but the patient refused treatment at the scene. 2. August 5: A letter to the District from the Palo Alto Police Department credited the actions of M. Ken and W. Phillips for their role as first on the scene at an injury bicycle accident on Page Mill Road. 3. August 6: Two juveniles were cited by W. Phillips, with the assistance of a San Mateo Sheriffs Officer, for providing false information to a peace officer, during a law enforcement contact for helmet and closed area violations. (continued) 4. August 12: (Opening day for deer season.) W. Phillips and D. Danielson observed two individuals possibly hunting on Russian Ridge. The individuals left the property before they could be contacted. A number of hunters were also seen on adjacent private lands. 5. August 17: T. Randall reported a discharge of firearm and vandalism at Bald Mountain in Sierra Azul. The guard rail had been shot and five spent rounds of ammunition were found nearby. Graffiti was painted on the guard rail and on a sign. 6. August 18: While patrolling St. Joseph's Hill, P. Hearin contacted a bicyclist for no helmet. He provided false information when requested to identify himself. The bicyclist was issued a citation for the helmet and for providing false information to a peace officer. 7. August 20: A bicyclist ran from W. Phillips at El Corte de Madera. When he was later contacted in the middle of the preserve (for a helmet violation) he provided false identification. H received a citation for providing false information to a peace officer P g and for a helmet violation. 8. August 20: At El Corte de Madera an individual was cited for a helmet violation by M. Ken. The subject was abusive and uncooperative. D. Danielson was called to assist with the contact. 9. August 21: T. Randall discovered marijuana cultivation site in Sierra Azul. The Sheriff's Office duty officer referred the incident to the county-wide drug task force. T. Randall learned the next day that the task force would call him back later in the week. K. Carlson made another effort to work directly with the Sheriffs Office on 8/23. K. Carlson and a deputy removed 20 plants from the site. The deputy stated he wasn't suited for the one mile round-trip hike to retrieve the plants. 10. August 23: W. Phillips discovered a marijuana patch on Russian Ridge. The San Mateo County Sheriffs' Office was contacted. With the help of ride-along C. Britton, eight mature plants were removed and confiscated. 11. August 24: An illegal hunting and closed area violations occurred in the Rancho de Guadalupe area of Sierra Azul. K. Carlson and T. Randall responded to a report of a fishing violation. One person was located and admitted his friend was out hunting. A deputy sheriff was requested, but before he arrived the second person appeared. A 30- 30 rifle and other hunting gear was seized as evidence. Sheriff response time to the incident was 35 to 40 minutes. 12. August 27: P. Hearin reported graffiti on the handrails and deck of the observation platform at Ravenswood. The graffiti could be related to gang activity. 13. August 31: A bicyclist ran from M. Ken on the Razorback Trail at Windy Hill. He was then contacted at the bottom of the trail and cited for bicycles in a closed area and resisting arrest. Summary prepared by: Dennis Danielson, Supervising Ranger Tom Lausten, Supervising Ranger Regional peer Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: September 22, 1995 SUBJECT: FYI 330 Dfste Circle Los Altos, CA 94022-1404 + 'hone:415-691-1200 FAX:41.5-691-0485 + E-mail: mrosdQtietcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Iianko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton I San Jose Mercury News • LoCai • Tuesday,September 12, 1995 ens ace autFiai ets thwti��s uRo p ty Ruling rejects anti-tax argument, clears way for purchase of land BY BARRY WITr has been collecting $12 a year funded not by a tax but by a 1lerrury News Staff Writer from the owners of single-family "benefit assessent," a legally A Superior Court judge has re- homes in San Jose, Campbell, different means fmor governments jected the arguments of an anti- Santa Clara, Milpitas,Morgan Hill to collect money. For assessments tax group that Santa Clara Coun- and unincorporated arts of h r'Po P the to be levied without a vote, they ty's new open space authority vi- county west of the Diablo Range must provide direct benefits to olates the voter approval require- ridge f'eq a line . Another Tents of Proposition 13. g $3 to E300 is the property owners who are collected on other t of YP� prop- paying h P P- the move and • The ruling b Judge Read Am- P Y g Y the assess- The Y g erties within the district's ments must be proportional to bler clears the way for the new 187,000-acre boundary. those benefits. SantaClara t bent identifying But the authority hasn't spent Traditionally, assessments Authority g Y g any money — it raises $3.8 mil- have been used to build streets, and acquiring hillside properties lion a year — pending the out- sewers and street lights.In recent to be preserved from develop- come of the suit filed by the San- ment. to Clara County Taxpayers Asso- Years, local government has ex- "We are ecstatic," Jerry Es- ciation. panded the use of assessments to truth, chair of the authority, said Voters in June 1994 approved pay for things such as libraries after learning of the ruling,which by a 57-43 vote an advisory mea- and parks. ;was dated Friday and received by sure on creating the open space The taxpayers group argued attorneys Monday. "It legitimizes district. That vote fell short of that open space offered no specif- icour organization. . . . We haven't the two-thirds majority required benefit to property owners.But the California Supreme Court has .had the luxury of spending any by the state Constitution for new .moricts that of- ey yet. Now we ut rioritiz n t vary taxes that go toward specific pur- fe proved more other dsotgeneralized benefits. poses, such as the purchase of purchasing and preserving." Ambler agreed with County P 8 P g• open space' : Since last year, the authority But the authority technically is Counsel Steven Woodside's con- tention that the open space au- thority fits the precedent estab- lished by the high court because all properties benefit by being in a community that preserves open space. John Findley, the Sacramento attorney for the taxpayers associ- ation, said no decision on an ap- peal had been made because the ruling had only been received late Monday. SEP 12 '95 09:43AM COUNTY COUNc'_- COUNTY p 1� Post-it'brand fax transmittal memo 7b7, i page: .?? 4 L To E Fran IJ</ r IN THE; SUPE -IOR IN AND FOR� %, ��..... �`'v�.•;,.. .� . Dept. Phone Fo�. 3SW• 3a DATE: September 8, 1995 �# �1 P� PRESENT: READ AMBLER HON , JUDGE D. De La Vega 3F • ----------- �iPUTY CLERK , REPORTER M. WyllieTITLE w B ••��IFF COUNSEL PRESENT: Robert F. Coleman, et al. , Plaintiffs, John H. Findley, Esq. vs Santa Clara County Open Space Authority, Steven M. Woodside, County Counsel and et al . , Defendants. Kathryn A. Berry, Deputy County Counsel. NATURE OF PROCEEDINGS: Note of Ruling The Motion by Defendant for Summary Judgment or Alternatively Summary Adjudication cation was heard June 30, 1995. Moving o ing partys request for judicial notice of the compilation of data from the county assessor's maps and reports is denied, since the compilation is properly authenticated neither as a copy of a public record nor as a business record,l (Evid. Code §§1271, 1530, 1531 .) Further, no presumptions of authenticity support its intro- duction,2 (See Witkin, Evidence, §919.) Plaintiff's request for judicial notice of the notices of hearing attached as exhibits to the Complaint is granted. (Evid Code §452(d); CRC 323(b).) Defendant is entitled to summary adjudication of each cause of action in the complaint. Therefore, summary judgment is granted. The standard of judicial review applicable to the Open-Space 1The, declaration of Dennis' Klingelhofer, an employee of the private firm hired to produce the engineer's report, does not suffice, since the compilation was neither in the custody of a public entity, nor authenticated by a public official having legal custody of it. (Evid. Code §§1530, 1531.) Nor did declarant have first-hand knowledge of the original data. (Evid. Code §1271.) 2Nor has the compilation been made a part of the record of the administrative pro- ceedings. (See Knox v. City of Orland (1992) 4 Cal Ath 132, 146.) 1 SEP 12 '95 09:44AM COUNTY COUP,' COUNTY P.2i5 Authority (OSA) is that its actions will not be overturned in the ab- sence of a showing that the actions taken were the result of fraud or an abuse of discretion. (Sts. & Hwy. Code §22509.) Abuse of discre- tion is satisfied by a showing that the face of the record, or judici- ally noticeable facts, clearly disclose that (1) the benefits confer- red are not proportional to the assessment; or (2) no benefit will accrue as a result of th3 assessment, (Knox v. City of Orland (1992) supra, 145-146.) As to the 1st cause of action, notice by publication does not of- fend procedural due process since the decision to create the special assessment district -was "quasi-legislative" in nature. Moreover, it is undisputed that defendant has substantially complied with statu- tory publication requirements (Horn v County of Ventura (1979) 24 Cal.3d 605; Govt. Code §54954.6(b)(1)); and that the contents of the published notice complied with statutory requirements. - (Govt. Code §54954.6 (c)(2)3. As to the 2nd cause of action, defendant's decision to remove 10,000 parcels from assessment district was not an abuse of dis- cretion since defendant had express statutory authority to do so without notice. (Sts. & Hwy, Code §22591.) As to the 3rd cause of action, defendant has articulated a ration- al basis for the different treatment of "viewshed" and "urban" • pro- perty as defined in the Mello Bill, Pub, Res. Code §35100 et seq. (P@nnell v. City of San Jose (1986) 42 Cal.3d 365.) As to the 4th cause of action, as discussed su ra defendant did not violate constitutional or statutory requirements in providing notice of hearing or in removing parcels from the assessment dis- 3The parties have focused upon subd. (b)(1) in their dispute over the content of the notice. While subd. (c)(4) allows notice of Landscape and Lighting Act of 1972 (LLA) assessments to be provided pursuant to subd. (b)(1), it does not mention subd. (b)(2), which only concerns "Notice required" by subd. (b)(1). But notice of a proposed real estate assessment is, strictly speaking, required by subd. (c)(1), not subd. (b)(1). Subd. (c)(4) simply provides an alternative means of delivering the required notice. 2 SEP 12 '95 09:44AM COUNTY COUN9r' COUNTY P.3i5 r trict. As to the 5th cause of action, the engineer's report meets the statutory requirements in that: (1) the administrative record does not reveal an abuse of discretion in determining proportional benefit to the parcels to be assessed (Knox v. City of Orland, iW. ; (2) the re- port describes the general nature, location, and extent of proposed improvements (Sts. & Hwy. Code §22568); and (3) the diagram of the district is sufficiently detailed by reference to the county asses- sors and the assessment roil (Sts. & Hwy. Code §22571.) As to the 6th cause of i act on, the Mello Bill is not beyond the scope of the LLA. ((Knox v. City of Orland, supra, at p. 139; Pub. Res. Code §35100 et seq.; Sts. & Hwy Code §22500 et seq.)) As to the 7th cause of action, the creation of the assessment district does not commit the OSA to any particular course of action and so does not constitute a "project" under CEQA. (Kauffinan & Broad-South Bay. Inc (1992) 9 Cal.app. 4th, 464.) As to the 8th cause of action, neither the face of the adminis- trative record nor judicially noticeable facts show that the OSA board abused its discretion in adopting the engineer's report. (Knox v. City of Orland. 4 Cal.4th 132.))4 As to the 9th cause of action, neither the face of the adminis- trative record nor judicially noticeable facts establish that the assessment is not in proportion to the benefits bestowed on the properties assessed or that no benefits accrue to such properties. Therefore the assessment does not amount to a tax requiring com- pliance with Art. XIIIA of the California Constitution. (Knox v. City of Orland, 4 Cal.4th 132.) As to the 10th cause of action: 1. There is no evidence in the administrative record contrary to the OSA board's determination that the territory east of the west- 4And see County of l.os Anael s v Superior Court (1975) 13 Cal.3d 721, 726; and City of Fairfield v Superior Co irr (1975) 14 Cal-3c.' 768, 772.) 3 i SEP 12 '95 09:44AM COUNTY COUN' COUNTY P.4/5 ernmost ridgeline of the Diablo Range will not benefit from the pro- posed improvements. (Knox v. City of Orland, 4 Cal.4th 132.) 2. The engineer's report meets all statutory requirements, for the reasons discussed as to the 5th cause of action. ((Knox v. City of Orland, 4 Cal.4th 132; Sts. & Hwy. Code §§22658, 22571 .) As to the 11 th cause of action: 1. The interim board of the OSA did not exceed the authority to undertake actions preliminary to the formation of the assessment district. (Pub. Res. Code §§35123(f), 35135(d).) 2. The Mello Bill allows but does not require the levy of assess- ments to be made through the specified Improvement Acts. (Pub. Res. Code §35173.) 3. The OSA may invoke the provisions of the LLA as a "special district" included within the statutory definition of a "local agency." (Howard Jarvis Taxpayers Assn. v. Whittier Union High School Dist (1988) 15 Cal.App.4th 730; Sts. & Hwy, Code §§22501, 22530, 22539.) Moving party shall prepare an appropriate der. (CRC 391.) READ AMBLER Judge of the Superior .Court 4 SEP 12 '95 09:45AM COUNTY COUNSEL COUNTY P.5i5 1 C �r r IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA PLAINTIFFf� ROBERT F. COLEMAN, et al. , and THE SANTA CLARA COUNTY TAX �9S PAYERS ASSOCIATION, a corporation SqIrC,;�; DEFENDANT3p r� ter:, THE SANTA CLARA COUNTY OPEN SPACE AUTHORITY, et al. rUf Y PROOF OF SERVICE BY MAIL OF: 0 TRIAL SETTING CONFERENCE ORDER 11 PRE-TRIAL CONFERENCE ORDER ❑ ADDENDUM TO PRF TRLkL/rRIAL SETTING O MEMORANDUM OF TENTATIVE DECISION CASE NUMBER OTHER /NOTICE: RULING CV 743113 CLERK'S CERTIFICATE OF MAILING COPY OF THIS DOCUMENT'WAS MAJL&D FFTP-TO Tr c[Ass NPOS AGE PRREPUXID ZAXA*MWX, COUNTY CLERK IN A SEALED ENVELOPE ADDRESSED A3 SHOWN BELOW AND THE DOCUMENT WAS MAILED AT SEP_ 8 1995, A /_ /l San Jose CALIFORNIA ON By ■ 04 I'` v D£ r -I r Ronald A. Zumbrun, Esq. Steven M. Woodside, County Counsel John H. Findley, Esq. Kathryn A. Berry, Deputy County Counsel Nicholas Morgan, Esq. Office of the County Counsel Zumbrun, Best & Findley County Government Center-East Wing 2150 River Plaza Drive-Suite 255 70 West Hedding Street Sacramento, Ca. 95833 San Jose, Ca, 95110-1770 �- J ' L J �- J L J r -1 F L J L J O�07Z qF,Y 1/■7 I I 0,0 UL]n tv DEPART 4ENT OF PARKS, OPEN SPACE Sz CULTUR: SERVICES C >^ September 14, 1995 , , The Honorable Pete Wilson , Governor, State of California State Capitol Sacramento, CA 94814 Dear Governor Wilson, 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 831.7 of 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 n Space District, which permit P , , ty P g _ � P P , 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 to your desk for signature. Sincerely, Frances M. Brigmann, General Manager cc: L. Craig Britton 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)499-6,405 • Fax (415) 499-7192 TDD (415)499-6368 i • We are excited about our fund raising event for this fall, at beautiful Ridge Winery in Cupertino. � ,41 1ARRUNK01 witb a special BENEFIT DRAWING of a signed Ansel Adams photograph! 10:00 a.m: Docents -,gill lead Craig Britton, General Manager of Midpeninsula Regional hikes departing from Ridge itself Open Space District, on "Agricultural Uses of District Lands". The Open Space District, which CGF helped to into adjacent :Montebello Open found, owns 35,000 acres of open space, accessible to the Space Preserve. Tours of[he public, including Montebello Open Space Preserve. historic Montebello Winery% which was built from 1886-1891. will be Geologist David Howell of the U. S. Geological Survey: offered by Paul Draper. Ridge Basalt to Bacchus" or how the combination of active tectonics, rock types and microclimates affects the VG'inemaker. flavor of the wine that is ultimately produced. Noon Abundant gourmet lunch. r Paul Draper, Ridge Winemaker: "From Grapes to Wine: a c catered by Erin Tormev. '� transformation involving the soil, the seasons and the natural process." Simultaneous programs for adult and children. Yolanda Rhodes, noted Wine tasting: Points in these two presentations will be storyteller, who specializes in African illuminated by the tasting of several Ridge wines. tales. will regale the younger crm\J. The signed photograph was donated to us by Lois Crozier Hogle. Entitled "Oak Tree, Sunset City, Sierra Foothills, California 1948", it shows a gnarled valley oak with sun setting below its lower branches. The photograph is 7.5 X 8.5 inches and has been appraised at $5000. CGF Tickets to the Ridge event itself are S5o for requests a donation of$20 per ticket(3 tickets adults and S10 for children. for $50) to the Green Foothills Foundation. We do hope you will make a point of joining These contributions are not tax-deductible.Your us for this wonderful occasion! presence and donation are not required to win. 8 GOVERNOR FETE W11,80N September 11, 1995 Mr. Pete Siemens President, Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Mr. Siemens: Thank you for your letter regarding pending legislation. I have noted your position and had your correspondence placed in the bill file. If this bill is passed by the Legislature and is sent to me for action, your views will be taken into consideration at that time. Your comments are most helpful . Please be assured if more information is needed, I or a representative of my office will contact you. Thank you again for sharing your views with me. Sincerely, PETE WILSON SACRAmEN'ro, CALIFORNIA 95814 (916) 445-2841 ���: M, f.',. .. i E IeCt Norm MINETA For Congress Committee September 15, 1995 Suite 314 San Jose,California 95 408 • 984. 6676 Mr. Craig Britton Fax: 408• 984 • 1599 Mid Peninsula Regionai Open Space District 330 Distel Circle ® Los Altos, California 94022 Dear Craig: Recently, I sent you details and a flyer for Norm's Annual Dinner at the San Jose Hyatt on November 4, 1995. Since Norm will be leaving the House of Representatives on October loth, this event is canceled. Norm, along with his entire staff, wish to thank you for your endless support and friendship throughout the years. We all wish you, your family and colleagues the best and brightest of all futures. Again, thank you very much. Sincerely, �e Joy wasaki Campaign Coordinator STATE CAPITOL $5� � COMMITTEES P.O.BOX 942849 BANKING AND FINANCE SACRAMENTO,CA 94249-0001 y� ` �y " " INSURANCE (916)445-8305 ��xXt � REVENUE AND TAXATION E-Mail:Jim.F.Cunneen(aassembly.ca.gov BUDGET VICE CHAIR:SUBCOMMITTEE ON DISTRICT OFFICE JI M C U N N E E N RESOURCES,TRANSPORTATION, 901 CAMPISI WAY,SUITE 300 ASSEMBLYMEMBER,TWENTY-FOURTH DISTRICT AGRICULTURE AND THE CAMPBELL,CA 95008 ENVIRONMENT (408)369-8170 Representing the communities of Campbell, Cupe)-tino, VICE CHAIR;SUBCOMMITTEE ON Los Altos, Los Gatos,Monte Serena,San lose,Saratoga,and Sunnyvale INFORMATION TECHNOLOGY CHAIRMAN;SELECT COMMITTEE ON HIGH TECHNOLOGY September 12, 1995 Mr. Craig Britton Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Britton: I want to thank you for taking the time to come up to Sacramento to testify on AB 700. It was a great victory! The bill, as you probably already know, is currently on the Governor's desk and, I suspect, will become law very soon. Thank you again for all your hard work. Sincerely, JIM CUNNE Member of the Assembly 24th District JC/mb Printed on Recycled Paper J Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 15, 1995 Ms. Julie Bondurant Parks and Recreation Department County of Santa Clara 298 Garden Hill Drive Los Gatos, CA 95030 Subject: Draft Supplemental Environmental impact Report for the Santa Clara Countywide Trails Master Plan Dear Ms. Bondurant: Midpeninsula Regional Open Space District staff members have reviewed the Draft Supplemental Environmental Impact Report (SEIR) for the Santa Clara Countywide Trails Master Plan and find the document to be comprehensive and complete. We commend the Santa Clara County Parks and Recreation Commission, Trails Plan Advisory Committee, park planning staff, and consultants for their exhaustive efforts over the past two years. We believe the Trails Master Plan Update provides the vision and framework necessary to develop a trails system to meet the needs of generations to come. The District's Board of Directors and staff have followed this project closely and acknowledge the spirit of cooperation that has evolved between diverse trail users, land owners, and land management agencies. The long and arduous process has served as a model for a successful public participatory process in which opposing views have coalesced into a responsive and useful plan. The SEIR has adequately addressed potentially significant environmental impacts of the plan and we believe the Trails Master Plan, together with mitigation measures contained in the SEIR, best meet the goals and objectives of the County. The District owns and manages approximately 41,000 acres of open space land; 21,000 acres are located within Santa Clara County. As a provider of public recreation and trail use opportunities, we are extremely interested in the relationship of the Countywide Trails Master Plan and SEIk to the District's trail system and desire to connect public parks and open space in the foothills and baylands. We have appreciated the opportunity to work closely with County park staff and consultants in developing a seamless trails plan that will greatly enhance trail use opportunities in the western foothills between Almaden Quicksilver County Park and Rancho San Antonio County Park and Open Space Preserve. The Trails Master Plan and SEIR offer sound policies, trails map and mitigation measures that will not only guide the County, but assist the District in its own planning efforts. We would like to comment on the section 5.10 of the SEIR, pertaining to potential impacts on public services. The District employs a staff of 20 rangers that provide public services 330 Distel Circle • Los Altos, CA 94022-1404 e Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com (9 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonetle Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Ms. Julie Bondurant Page 2 September 15, 1995 similar to County park rangers and, in many situations, these services overlap and supplement one another. On page 5.11 - 3, the District's assistance with fire protection and emergency services in and around County parks and trails should be noted. The assistance is provided through formal and informal mutual aid agreements throughout a large part of the County. District rangers often assist County park rangers and have similar training, carry portable fire pumper units, and are often first on the scene should a fire or other emergency occur in their patrol area. In recognizing this public service shared by both agencies, mitigation measures in the DEIR could be expanded to include provisions for improving coordination between County and District programs in respect to implementing trail closures, preparation of detailed design and management plans for trails, and formalization of mutual aid agreements. Thank you for continuing to include the District in your planning process and the opportunity to comment on the D.E.I.R. Your consideration of our comments is appreciated and we look forward to the adoption of the Countywide Trails Master Plan. Sincerely, Del Woods Senior Planner DW/dw cc: Board of Directors, MROSD Regional Open Space Oil MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 13, 1995 Ms. Sally LaMere Real Estate Division Santa Clara Valley Water District 5750 Almaden Expressway San Jose, CA 95118 Subject: Proposed NASA Employee Access Across Crittenden Bridge in the Vicinity of Stevens Creek Shoreline Nature Study Area Dear Sally, As a follow-up to our September 9 meeting with NASA and Mountain View representatives, I would like to summarize the informal agreements regarding NASA's proposed improvements and employee access across Crittenden Bridge. In general, I believe NASA's most recent plans, as discussed and modified at the meeting, have addressed our primary concern over potential increased public liability that may be assoicated with their project. I would like to reiterate my support for their project, assuming it proceeds in accordance with the agreed upon plans and modifications as outlined below: 1) NASA will modify bridge improvement plans to meet OSHA requirements by reducing the space between railings and/or cables to 4". 2) NASA will explore the possibility of using 6" x 6" x 54" wood posts and rails attached to the inside of the existing metal posts and rails, in an effort to integrate the design with the wood fence adjacent to Stevens Creek Trail. 3) NASA will remove spikes from metal gate (with approval from SCVWD) and set a new locking post approximately 5' west of the existing post. 4) NASA will install 5' wide employee entrance gate between the new locking post and the adjacent wood fence. 5) NASA agrees to keep the vehicle gate and employee entrance gate closed at all times and will issue keys to employees for the employee gate. 6) NASA will install signs with their logo at the bridge and east levee, restricting access to NASA employees through the gate, across the bridge and along the east levee. 7) NASA will explore paving the road apron between the edge of Stevens Creek Trail and the concrete surface of the bridge. 8) NASA's security patrol will provide surveillance of the area by patrolling the east levee and bridge. 9) NASA will maintain their bridge improvements on an ongoing basis. It is our understanding that NASA will assume the same degree of liability that Mountain View and our District assumes, in accordance with our recreational easements. You mentioned that NASA's existing easement may not clearly state the responsibility for liability but provisions for this will be included in the pending permit agreement. Since we 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,David T.Smernoff,Nonere Hanko,Betsy Crowder,Wim de Wit General Manager!L.Craig Britton I .� r Page 2 have an overlaying public recreation easement on the bridge, we respectfully request an opportunity to review the permit agreement before it is approved. 1 appreciate your patience and cooperation in working through the sensitive and complex issues surrounding this project. We are pleased that our concerns have been resolved and the project is close to being completed. Sincerely, Del Woods Senior Planner DW:snd cc: Board of Directors, MROSD Glenn Lyles, Mountain View Shoreline Dick Brown, NASA r i 1 ' y r Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 13, 1995 Beverly Hines Caballero 1663 Christina Drive Los Altos, CA 94024 Re: Horse Days/ Bike Days, Fremont Older Open Space Preserve Dear Ms. Caballero: We appreciate the concerns and ideas expressed in your recent letter. Fremont Older is one of our most popular preserves due to its convenience to a large urban population. We are currently in the process of updating the Trail Use Element of the use and management plan for Fremont Older. We are studying how trails can be added, controlled, or improved to accommodate this heavy pressure for access by the broadest possible cross-section of users. I will add your name to the list of persons who would like to be notified of meetings concerning the trail plan. Having "horse only" days and "bike only" days has been proposed before for this.and other user conflicts. As a result we have studied the concept to see if it might be workable. Unfortunately, we believe this would be extremely confusing for the public, difficult for the District to publicize, and impossible to manage and enforce. Many users come spur of the moment and at irregular times. There are many points of entry to Fremont Older and other preserves that would have to be posted and monitored in order to pursue an alternate day system. With 23 preserves to manage, the District does not have the staff resources to make such a system successful. It is the District's policy to try to accommodate the broadest range of user types on as many trails as possible. Bicyclists represent a large, active, and growing percentage of our users. Because cycling on trails is a relatively new and growing phenomenon, there are inevitably a number of "growing pains" associated with finding its place in the trail system. In addition to improving the trails, we are working hard to improve bicyclists' compliance with the rules regarding speed and passing, and to let them know that their continued use of the trails depends on their responsible behavior. We are encouraged that these efforts are having an impact, and that all users will eventually tz able to coexist comfortably at Fremont Older and other preserves. In the interim, please attend the upcoming planning meetings and continue to express your creative ideas. Thank you for your interest in the District and its open space programs. Sincerely, Randy Anderson, Planning Manager cc: L. Craig Britton, General Manager 330 Distel Circle * Los Altos, CA 94022-1404 - Phone: 41 5-691-1200 - FAX:415-691-0485 • E-mail: nirosd@netconixoni 0 Bomdof Oitc(tots:I'Me Siemens,NI'lly C.D,I%ey, leella I lemhaw,David I.sillemoff, Nonette I Linko, Betsy Crowder,Wim de Wit A 1.Ctaig Britton To: The Mid-Penins Open Space Dist. Santa Clara CoL. _y Parks & Recreati n Dept. �- RE: Horse Days / Bike Days 0 I write this letter with a sense of urgency and an urge to ' . C I I board my horse at Garrod Farm in Saratoga by the Fremont Older preserve. Due to the extreme increase of bicyclists on the trails everyday, I am now `Qcn� riding either just around the farm (boring) or at night (dangerous) . _9J Bicycles and horses just cannot ride together. It doesn't :natter who is courteous and who is not, the two just don't mix. {1 Bicyclists are out for body building. They want an uninterrupted pace going up and speed caning down the hills, Equestrians want peace. Instead we are forced to fear every corner because a fast moving bicycle is likely to be coming around it. Some try to be courteous but that doesn't help due to the large number of them. I have NO other place to ride. I cannot afford thousands of dollars for a trailer nor should I have to. I pay $200/month to board by trails that are infested with a menace to horseback riding, BIKES! ! ! It took me 17 years to be able to afford a horse, this just isn't fair. My suggestion is this! lets have HORSE ONLY days and BIKES ONLY days. I'd be very willing to give up some days in order to have others bike-free. Walkers would always be welcome. Maybe you could set it up for Monday, Wednesday, Friday = Horse days Tuesday, Thursday, Saturday = Bike days and Sundays for all. Would a petition by horsemen and bicyclists both be helpful? I'm getting desperate. Right now it feels like there is no hope for the equestrians on these trails, and no where else to go. NOT FAIR! ! ! Please consider, I don't know what else to do. Thank You, 4*- f �_ 1 I i �._�. �_�..v.� ry _ _.....�.___*.__ _�.___. ._���__�._.__�_.__ .. _ ._ e .m. .. __ __ _ . �� .� SAN MATEO LOCAL AGENCY FORMATION COMMISSION COUNTY GOVERNMENT CENTER • REDWOOD CITY, CALIFORNIA 94063 • (415) 363 4224 September 6, 1995 Santa Clara Local Agency Formation Commission County Government Center 70 West Hedding Street, East ding San Jose, CA 95110 SLB,7'ECT z Proposed Annexation of Midpeninsula Preserves 1995 - Skyline Ridge to the Midpeninsula Open Space District Proposed Sphere Amendment end Annexation of the Midpeninsula Preserves 1995 - Purissima Creek Redwoods to the Midpeninsula Regional Open Space District Members of the Commission. Your staff recently referred to this Commission the referenced proposals for annexations of territory to the Midpeninsula Opera Space District (MROSD) in San Mateo County. The proposals ware referred to this LAFCo for a hearing and recommendation in accordance with the procedure established by the two Commissions in 1935. The San Mateo Local Agency Formation Commission considered the proposed annexations at a public hearing on August 16, 1995. At the conclusion of the hearing, the Commission voted to recommend that your Commission approve the proposed sphere amendment and annexations. The attached LAFCo staff reports contain the information from San Mateo County agencies that your staff will require to proceed with the proposals. The Commission directed me to notify you of its recommendations and also to express its appreciation for your involving San Mateo LAFCo in the review process. Sincerely, A7- Peter V. Banning Executive Officer Attachments cc. Autumn? Arias, Santa Clara LAFCo Craig Britton, MROSD COMMISSIONERS: Supervisor Ruben Barrales • Council Member Malcolm H.Dudley •Pubic Member Mary W.Henderson Supervisor Tom Huening Council Member Steven W. Waldo ALTERNATES: Supervisor Ted Lempert Council Member Naomi Patridge • Public Member Joseph Zucca OFFICERS: Peter V.Banning, Executive Officer • Mary K.Raftery,Legal Counsel I II I Open Space ............... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 7, 1995 Mr. Patrick Murphy Santa Clara County Planning Office County Government Center, 7th Floor, East Wing 70 West Hedding Street San Jose, CA 95110 Subject: Draft Environmental Impact Report for the Los Gatos Country Club Dear Mr. Murphy: Mid peninsula Regional Open Space District staff members have reviewed the Draft Environmental Impact Report (DEIR) for the Los Gatos County Club. The District owns and manages over 14,500 acres of open space land in the Lexington Reservoir basin, including areas within St. Joseph's Hill, Sierra Azul and El Sereno open space preserves. Over the past 20 years, the District has prioritized our efforts to preserve and protect the integrity of the Lexington Reservoir basin and are extremely interested in potential impacts the proposed development may have on District lands and the neighborhood. We do not believe the DEIR adequately addresses the environmental impacts of the project and fails to provide mitigation measures to reduce the impacts to an acceptable level. Our primary concern is the understatement of impacts resulting from the applicant's plans to transform a rural and fragile hillside into an urban and sculptured landscape. Our calculations indicate the amount of earth to be graded within the 210 acre site could fill nine office buildings equal to the size of the office tower next to Highway 17 at the Pruneyard. A project of this scale can not be considered to have impacts less-than-significant and be consistent with Santa Clara County's General Plan and policies emphasizing the preservation of hillsides. The District is also concerned about potential segmentation of the project and the growth inducing aspects it will have on the applicant's remaining property. As with most golf course development projects, there will be growing pressure to change adjacent land use to allow for higher density residential development. The applicant's adjacent 900 acre parcel is one of the largest undeveloped private holdings in Lexington Reservoir basin and there is a strong likelihood that more urban-like development will be proposed on this parcel in the near future. When this occurs, the argument will be made that higher density development is consistent with adjacent land use if that land use is a golf course, athletic club, and proposed accoutrements. Unfortunately, the cumulative impacts of a segmented project, where the largest portion of the property is not included in the initial proposal, makes it difficult, if not impossible, to understand the overall impacts and mitigation measures contained in the DEIR. Given the scale of the golf course project and impacts on existing open space, it is plausible to conclude that open space easements over the entire remaining 900 acres may be within the realm of reason. 330 Distel Circle * Los Altos, CA 94022-1404 0 Phone:415-691-1200 o FAX:415-691-0485 a E-mail:mrosd@netcom.com 6) Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Mr. Patrick Murphy Page 2 September 7, 1995 The following comments pertain to specific comments and findings in the DEIR. Page 11 - Project Summary The project description does not include the size of the four single family dwellings, the duplex and triplex. Additionally, the size of parking areas at the clubhouse, maintenance building and athletic club are not stated. The number and scale of structural improvements appears to exceed the density permitted under the Hillside ordinance. The DEIR should include a density study. District calculations suggest there are a maximum of seven allowable dwelling units under current zoning. Page 14 - Employee Dwelling Four new residences are planned to replace five old residences but only one new residence is to be constructed in the same location as an old residence. The other three new residences should not be described as replacements if they are in new locations. Page 17 - Grading & Excavation The grading may be grossly underestimated since Table 1B does not include all of the proposed lakes and apparently leave out internal roads, particularly the major cross-site road connecting the golf driving range and clubhouse. Page 19 - Drainage There is insufficient information about the amount of drainage that will be collected. The statement that as much as possible of the surface run-off will be conveyed to the lakes is vague and suggests the need for a hydrology plan to ensure that pollutants will not be discharged into natural drainages. The hydrology plan should provide for management of underground pollutants that will potentially purcolate and contaminate the natural drainages. Page 21 - Landscaping & Tree Protection Oak trees in close proximity to managed turf will not survive filtration of water from nearby irrigation. The plan indicates the irrigation system will be outside driplines but ground moisture will migrate to the root zone. The plan for removing 399 trees may not include tha many oak trees planned to remain in the vicinity of the turf areas that will later die and have to be removed. Mr. Patrick Murphy Page 3 September 7, 1995 Page 22 - Chemical Management The roughs may work well for filtration but the native grasses will probably not survive high levels of nutrients, pesticides and herbicides. There should be a monitoring program to determine the residual impacts of chemicals on soils and native plants. Page 23 - Water Supply A drought contingency plan should be included so future water allocations for the golf course and athletic club do not seriously impact other existing San Jose Water Company customers. Actual water availability is not guaranteed and seems to be handled casually, especially considering the tremendous volume of water necessary for this project. Page 23-24 - Wastewater Treatment & Disposal District calculations indicate Hillside zoning will permit approximately seven dwellings units on the project site. Given the past problems with septic failures in Lexington Reservoir basin and the magnitude of waste water discharged for this project, there is reason to believe there will be impacts on underground water and slope stability. The suggested alternative to pump offsite to the applicants adjacent 900 acre parcel reinforces the need to examine the entire property in this DEIR. Page 44 - Parks & Open Space The District also owns a portion of the former Azarello property next to the County park and plans to provide a public trail from the park to El Sereno Open Space Preserve. Page 45 - Land Use, Impact 1 The project should be found to have a significant land use impact resulting from substantial alteration of land use. Lexington Reservoir basin is characterized as rural, undeveloped and natural open space. The project will create an urban landscape with intense recreational use that will divide the physical arrangement of the established rural and natural environment. It will completely change the character of the entire Lexington Reservoir basin. It is incorrect to state that the project is sufficiently blocked and screened from existing and proposed District trails at El Sereno, St. Joseph's Hill and Sierra Azul open space preserves. Page 47-49 - Parks, Recreation & Open Space The report fails to include additional information found in the 1991 feasibility study conducted by California Department of Parks and Recreation which: 1) concluded the proximity of this site to a large urban population provides some justification for i Mr. Patrick Murphy Page 4 September 7, 1995 preserving this site as an open space resource for local public recreational use; and 2) includes a recommendation stating that appropriate local agency application for Department of Park and Recreation administered state and federal grant funds for this site be given favorable consideration. Reference to District plans to provide a public trail on the former Azarello property should be included. The view from this trail will be negatively impacted by the structures and urban-like landscape. Page 51 - Parks, Recreation & Open Space, Impact 1 Approximately one-half of the site's natural open space will be lost and become managed open space. The managed open space and intensive use of the area seriously degrades the value of wildlife habitat and scenic quality. It should be pointed out that the loss of natural open space resource is irreplaceable. Although, the site represents 1.2% of Lexington Reservoir basin, the proposed development will visually impact a larger area because it's strategic location in the heart of the heart of a rural and natural landscape. Page 52 - Parks, Recreation & Open Space, Mitigation 111 In weighing the public need for a golf course, it should be pointed out that this proposal does not include public use of the golf course, and therefore fullfills no public need. Page 52 - Parks, Recreation & Open Space, Mitigation 1C Most of the 65 acres of remaining natural contiguous open space will not be valuable open space because it will be negatively impacted by intensive use of the golf course, potential contamination of natural drainages and traffic on highways and internal roads. The proposed cross-site road seriously impacts the Briggs Creek open space corridor. Page 52 - Parks, Recreation & Open Space, Mitigation 11) The impacts associated with the new cross-site road between the proposed golf range and club house should be more closely evaluated. Cut and fill slopes will be severe and revegation extremely difficult. Page 52 - Parks, Recreation & Open Space, Mitigation lE Given the nature and scale of the project, open space easements should extend over all the remaining natural areas owned by the applicant. The project should not consist of more than 10% development with 90% of the property remaining in permanent. natural open space. Nine dwelling units, intensive use of the golf course and an urban-like Mr. Patrick Murphy Page 5 September 7, 1995 athletic club far exceeds the allowable density and should be taken into consideration when determining appropriate open space easements areas. Page 63-64 - Geology & Soils, Impact 4 and Impact 5 Proposed water elevations associated with the community leachfield and golf course Po Y irrigation may increase the likelihood of destabilization in the event of an earthquake. The analysis does not show the increased level of risk in the summer when the Black Road landslide and other landslide deposits are normally dry and more resistant to sliding during earthquakes. Increased water saturation should be examined in combination with the grading impacts which together, may cause slope failure in the event of an earthquake. Portions of active and inactive landslides are going to have severe cut slopes and additional weight from massive fill slopes, plus additional irrigation and extensive, effluent leachfields. Page 79 - Biological Resources The area shown to be disturbed is relatively small compared to the overall size of the site, according to Figure 4 and 14. Greater attention should be given to the importance of maintaining the diverse mosaic of wildlife habitat types, particularly the relationship of grasslands and forests. The edge between forest and grassland is one of the most valuable habitats present and will be tentatively destroyed by the project within the project area. Page 80-81 - Biological Resource, Special Status Species The field studies for both plant and animal taxa should be included with the DEIR. Additional information is needed to determine if the studies are sufficient, and if there exist any rare and/or endangered species. Page 84 - Biological Resource, Wetlands and Watercourses Federal wetland protection regulations require that wetlands be taken only if there are no feasible alternatives. There is no discussion in this section concerning alternatives. Certainly, relative to the impacts the cross-site road will have on Briggs Creek, an alternative is to eliminate the road and driving range. Page 85 - Biological Resource, Santa Clara County General Plan General Plan Policy R-RC43 discourages large scale land clearing that will significantly degrade valuable habitat. This project requires grading and construction that results in a loss of nearly one-half of the habitat, including most of the grasslands and portions of Mr. Patrick Murphy Page 6 September 7, 1995 forest and riparian habitats. The grading of over 663,300 cubic yards, equalling the size of nine highrise office building, clearly indicates a significant amount of valuable habitat will be lost. A 65 acre open space easement on the steeper unbuildable portions of the site will not compensate for the loss of over 100 acres of natural open space. Page 87 - Biological Resource, Impact 2 The removal of 399 trees strongly suggests the project equates to large scale clearing that will significantly degrade valuable habitat. Native oaks represent 70% of the trees to be 1 removed. At a replacement ratio of 5:1, there are 1400 trees to be planted. There is reason to believe there is not sufficient habitat available for these trees since the natural grasslands will be eliminated and the oak trees will not survive with constant irrigation. Page 92 - Biological Resource, Impact 3 Adequate mitigation is not provided for the loss of grassland habitat. The grassland habitat is a critical part of the wildlife habitat mosiac. It is one of the rarest habitats h Lexington Reservoir basin. The golf course will displace grassland remaining within the Le g g p which provides specialized habitat for certain specific mammals and birds and depletes foraging habitat for raptors. Mitigation measures provide for re-establishment of native vegetation on the fringe of the golf course but intensive management practices in and g g g g around the course will seriously p impact wildlife. Approximately 50 acres of grassland will be replaced with irrigated turf which may provide forage for deer, but has no other habitat value. In addition, another 50 acres of grassland habitat will be replaced with native grasslands, serving as roughs along fairways. Native grasses are commonly bunch grasses that are extremely difficult to establish under normal conditions, due to the invasive nature of surrounding annual species. Given the fact the fairway roughs also serve as filtration strips, native grasses will most likely not survive with added nutrients, pesticides and herbicides. If mowing is required to provide a viable rough for golfing, these native grasses will not establish. The turfed fairways and so-called "natural" roughs do not provide good wildlife habitat when they are actively managed for uncontrolled human activity. Golfers will constantly encroach in these areas, thereby, severely degrading the habitat. Page 93 - Biological Resource, Impact 5 As mentioned on page 52, there is no discussion of alternatives to excessive grading in Briggs Creek required to construct the cross-site road. In addition, proposed mitigation for impacts on the pond near Bear Creek Road are not adequate unless emergent vegetation is permitted to re-establish. i r Mr. Patrick Murphy Page 7 September 7, 1995 Page 107-108 - Visual and Aesthetics, Impact 1 A visual analysis from existing and proposed trails on open space lands has not been included. It is incorrect to state views are blocked from trails by intervening topography and vegetation. The analysis does not address visual impacts of the proposed dwelling units. There is insufficient information about size, height, and mass to determine if these structures have a visual impact. Page 112 - Visual and Aesthetics Impact 2 g P The proposed soundwalls are an urban element which should not be allowed along scenic roads. The architectural texturing does not adequately mitigate the wall's harsh appearance and landscape buffers are to narrow to provide necessary screening. Page 142 - Water Supply, Water Rights Water from existing waterways should not be allowed to be diverted for the proposed land uses. Water riparian rights are limited to the amount that can be put to beneficial use and the golf course and athletic club should not be considered beneficial uses. Page 145 - Water Supply, Mitigation 1 A drought contingency plan should be provided to ensure that other San Jose Water Company customers are not impacted by this proposal. Page 152-153 - Wastewater Treatment and Disposal The Lexington Reservoir Basin Ordinance requires a 100% leachfield reserve. These conditions appear to be met in Phase 1 but not in Phase 2 where 14,825 feet of leachfield are needed and there is only 1,675 feet of reserve. Additional leachfield reserves on the applicant's adjacent property should be considered as a part of an analysis encompassing the entire property for purposes of properly assessing the project's impact. Thank you for the opportunity to comment on the D.E.I.R. Your consideration of our comments is appreciated and we look forward to continuing our involvement in the planning process. S eel 1 � \ __L:A g Britt Gen ager LCB/dw cc: Board of Directors, MROSD Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 12, 1995 Honorable Pete Wilson Governor, State of California State Capitol Sacramento, CA 95814 Subject: AB 234 - Support Dear Governor Wilson: I am writing to respectfully request your support and approval of AB 234 (Cortese), a bill that will establish a Task Force on the Role of Parks and Recreation in Providing Youth Programming. The legislature has recently approved this bill, and it is clearly a concept that has widespread support. The role of parks and recreation in addressing youth at risk issues has never been more important. Parks and recreation programs have a unique opportunity to play a very significant role in addressing youth at risk, and the formation of this Task Force will bring that opportunity to fruition. This Task Force will develop recommendations for existing facilities, identify critical service gaps, investigate models of resource sharing and collaboration, and identify funding sources for pilot programs. Bringing together all these elements will help to fully utilize parks and recreation as a formidable instrument in dealing with many of the problems of our youth. I urge you to sign AB 234 into law as an example of an up-to-date, effective, and creative tool for reaching out to our youth at risk. Si ere ly, L. Craig Britton ' General Manager LCB/mcs cc: MROSD Board of Directors CPRS c\t mcs\1agis1\ab234 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 89/87/95 1Z:58:17 -> 4156918485 L. URIC BRi'PwO Page Z SE P - T-9!5 T HU . 9 . 47 P FZ S P 02 Q,rtD RAC, CALIFORNIA 'ARK AND l RECREATION SOCIETY P.O. Box 161118 • 3031 F Street, Suite 202 • 0 + Sacramento. CA 95816 - c t • (91b) 446-2777 • FAX(916) 446-428.550 • t") V YEARS 1945-1995 IMMEDIATE ACTION IS NEEDED Dear CPRS Member: The Legislature has recently approved AB 234 (Cortese), a CPRS sponsored bill that proposes to establish the Task Force on the Role of Parks and Recreation in Providing Youth Programming. This measure is in route to the Governor's Office for his action. During its last vote AS 234 received opposition from the Senate Republican Caucus where there was six no votes. A3 234 has received the endorsement of the Governor's Children Program Development Advisory Commission and other organizations. The Governor needs to hear from youth providers about the value and importance of this task force work. The task force will be asked to: Develop recommendations for maximizing the use of existing park and recreation facilities and personnel • Identify critical services gaps and develop interagency linkages to occupy youth discretionary time • Investigate models of greater resource sharing and collaboration Identify funding sources for pilot projects and program funding The Governor is required to act on AB 234 within the next 30 days so time is of the essence. Please forward a letter respectfully requesting favorable consideration of AB 234 to: Honorable Peter Wilson Governor, State of California Gove ice itol Sacramento, We ask you "cc" a California Park and Recreation Society o your letter. Please send yo copy to CPRS, P.O. Box 161118, Sacramento, CA 816. Thank you for your immediate attention to this important e. '�OfZ C C f:\wpdocs\leg\AB234.gov CPRS provides the leadership to advance the positfae Impact and value of the profession an socfe:v. 9164414925 HE NCC4CK 9, SPAHNN �'—lIB T--144 P-1302 EP 11 195 11:46 September 9, 1995 The Honorable Pete Wilson Governor, Mate of California State Capital Sacramento, CA 95814 RE: Request for Signature: AB 700 (Cunneen) Dear Governor Wilson' 41 The Association of California Water Agencies respectfully requests you to sign AB 700(Cunneen) into law. Government Code Section 831.7 currently provides a limited immunity from liability to public agencies who allow unsupervised use of their property for hazardous recreational activities. The law contains a non- exclusive list of hazardous activities. However, the immunity generally does not protect a public agency it (1)it fails to warn about a known dangerous condition, { � it charges a fee for participation in the activity; (3) it was negligent in the construction or maintenance of equipment being used in the activity; or (4) the injury was caused by the n # n employee of the bic enc . or toss negligence o a + recklessnesslw y � � AB 700 adds mountain bicycling, other than can a road or sidewalk, and paragliding to the list of hazardous activities. These are sports which have risen in popularity since the current law was enacted. Mountain bicycling on public open space lands, including watershed lands, can be exceedingly hazardous because of the rough terrain where it occurs. Paragliding is similar to hang gliding, exempt that the rider is using a parachute instead of a glider. Hang gliding is already designated as a hazardous activity in the Government Coate. It is logical to add paragliding. Association of C lifornia water, r' ACWA supports AB 700 because our members often desire to allow 14:0 K`+'rent,�Ulte'10 use of their public lands for recreation. However, if the opening of these lands creates substantial liability, they are less likely to make them available for use by the public. r 14!t.-441-%f19 Ki 11,(i the States 444%.C,AV iQ,51., Suitt 33'South tt'�5h�nc^;ttrn,f'sC '_0001-Y 31 2 r_ 91644149225 FEIM NOACK & SPAF-NN F-11B T-144 P--003 SEP 11 "55 11:46 The Honorable fete Wilson September 7, 1995 Page 2 In order to remove disincentives to our members to the opening of their lands to public recreatonal use, we encourage you to sign AB 700 into law. Thank you for considering our views. Sincerely yours, nni E3arker Legislative Legal Counsel C 3/ne s Santa Clara County ,4 pen Space Authority Board Members September 6, 1995 Jerry T.Estruth Director,District 3 The Honorable Pete Wilson Chairperson Governor, State of California Pete Carrillo State Capitol Director,District 6 Vice-Chairperson Sacramento, CA 95814 Johne Baird Director,District t RE: Assembly Bill 700 (Cuneen) Bob McGuire Director,District 2 Dear Governor Wilson: Garnetta J Annable Director,District 4 On behalf of the Santa Clara County Open Space Authority, I am writing Richard Forst to express the support of the Board of Directors for AB 700 which will Director,Disrricr 5 add mountain biking and paragliding to the list of hazardous recreation Janis Fraser-Juarez activities in the California Government Code. Director,District 7 This Authority was established through enabling legislation of the General Manager Legislature in 1992 and began to function with its first erected Board in Larry Coons 1994. An assessment district was formed and we are currently working on a Five-Year Expenditure Plan which will identify priorities for open space in Santa Clara Valley. Based on the experience of other open space districts in the State, we expect that mountain biking and paragliding will be forms of recreation which will be requested on the open space lands. As a result, we encourage you to sign the legislation as a step to help us minimize the risk of having these leisure activities available to those who wish to enjoy the use of open space in this way. Sincerely, Pete Carrillo Vice-Chairperson, and Director, District #6 cc: Craig Britton, Midpeninsula Regional Open Space District wB7oo96 298 Garden Hill Drive, Los Gatos,California 95030-2421 • 408-358-9443 • Fax 408-358-3245 ® }pf6 Harry H. Haeussler, Jr. 1094 Highland Circle Los Altos, CA 94024 September 8, 1995 Midpeninsula Regional Open Space District 330 Distel circle Los Altos, CA 94U22 Enclosed is a donation to express my gratitude to Betsy Crowder for her etforts on behalf of ner constituents, and her recent kindness to me. Harry Haeussler, Jr. i E Santa Clara Valley Water District 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408)265-2600 FACSIMILE (408)266-0271 AN AFFIRMATIVE ACTION EMPLOYER September 7, 1995 Mr. Peter Siemens, President Board of Directors Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Siemens: Subject: Letter Dated August 17, 1995 Regarding Cooperative Planning for Recreational Trail and Parking, Lexington Dam and Reservoir Your letter dated August 17, 1995 regarding the above subject was discussed by the Board of Directors at the September 5, 1995 Board meeting. Following discussion, the letter was referred to staff for a response. Sincerely, Lauren L. Keller Clerk Pro Tem/Board of Directors h recviced paper i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 5 1995 i P Dear Neighbor: The Midpeninsula Regional Open Space District recently prepared the enclosed final draft of the new site brochure for Monte Bello Open Space Preserve. When producing a new site brochure, we have frequently offered neighbors an opportunity to comment on the map prior to public distribution. Please review this final draft of the map and call Julie McCullough in the Districts planning department with any comments or suggestions. We would appreciate your comments by September 19. Our number is (415) 691-1200. We want to make sure that the District continues to be a good neighbor to adjacent property owners and to minimize possible impact that could result from public use activities on District lands. Please don't hesitate to contact me or to speak to our planning staff if you have suggestions,concerns, or questions concerning this brochure, or any other District issue. Sincerely, d' L. Craig Britton General Manager LCB/mcs cc: Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 E-mail:mrosd®netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit Genera!Manager:L.Craig Britton AGENDA Regular Planning Commission Meeting Town of Portola Valley 765 Portola Road, Portola Valley, CA. Town Center- Council Chambers Wednesday, September 6, 1995 8:00 p.m. 1. Call to Order: 2. Roll Call: Breon, Comstock, Davis, Middleman, Richards 3. Oral Communications from Members of the Public: LINPATIVE 4. Old Business: TIMES 00 P.M. PUBLIC HEARING a. Conditional Use Permit Application, X713-137, Blue Oaks Subdivision, (to be continued to a joint ASCC/Planning Commission Meeting on September 12, 1995) b. Conditional Use Permit Application, X713-139, Sausal Creek Associates, 846-850 Portola Road. Applicant requests continuance to October 4, 1995 5. New Business: 05 p.m. a. Presentation: Mid Peninsula Open Space District PUBLIC HEARING 20 p.m. b. Site Development Permit Application X91-1-333, Rachleff, 1125 Westridge Drive 6. Other: 7. Minutes: August 2, 1995 8. Reports of Commission, Committees and Staff: 9. Adiournment: Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 6, 1995 Honorable Pete Wilson Governor, State of California State Capitol Sacramento, CA 95814 Subject: AB700, Public Liability, Mountain Bicycling and Paragliding Dear Governor Wilson: The Midpeninsula Regional Open Space District has sponsored a bill, AB700 (Cuneen), which would add mountain bicycling and paragliding to the list of hazardous recreational activities under California Government Code Section 831.7. This bill would reduce a parks and/or open space agencies' liability exposure for injury to participants in either of these inherently hazardous activities. This bill has overwhelmingly passed the Assembly and Senate, and is now awaiting your signature. I am writing to ensure that you are fully informed of its intent and effects, and to urge you to sign AB700. 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), rmit), 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 bill 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 and the District's experience with mountain bicycle accidents. 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, Santa Clara County Open Space Authority, California Park and Recreation Society, Bay Area Open Space Council, and a local mountain bike advocacy group, Responsible Organized Mountain Pedalers (ROMP). 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 September 6, 1995 Honorable Pete Wilson 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 can 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 sign this bill and support the ability of parks and open space agencies to provide for these activities on public land, by minimizing the liability of such public agencies. If you have any questions or need clarification on any aspect of AB700, please feel free to contact me or L. Craig Britton, General Manager of the Midpeninsula Regional Open Space District. Sincerely, Pete Siemens President, Board of Directors PSJmcs cc: MROSD Board of Directors Ralph Heim Open Space September 1, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Vickie Moore South Bay Field Director Identical letter sent to: Greenbelt Alliance Assoc. of California Water Agencies, 1922 'rhe Alameda Suite 640 San Mateo Co. Parks '& Recreation, Marin County Open Space, Santa Clara Co. SanJose, CA 95126 Open Space Authority, Bay Area Open Space Council, City of Oakland Parks & Recreation Dear Ms. Moore: I'm writing with great news about AB700; the Senate has passed this bill by a vote of 32 to 2, thus paving the way for submission to the Gov'ernor for signature. As you know, this Midpeninsula Regional Open Space District-sponsored bill will add mountain bicycling and paragliding to the list of hazardous recreational activities in the California Government Code (Section 831.7). This will have the effect of reducing a parks and/or open space agencies' liability exposure for injury to participants in either of these inherently hazardous activities. Your support of this bill has been instrumental in its success so far, and the final hurdle is now at hand. I'd like to ask for letters of support to be sent right away to the Governor so that he is apprised of the statewide support for this bill. Time is of the essence, as the Governor may be available to sign bills within the next week. A sample letter Of Support is attached. Please fax or mail your letter to: The Honorable Pete Wilson Governor, State of California State Capitol Sacramento, CA 95814 Fax: (916) 445-4633 Feel free to call me, Craig Britton, or Malcolm Smith of our office at (415) 691-1200 if you have any questions or if you'd like further information. Thank you again for your assistance and support of A13700, the District, and parks and open space issues. Sincerely, Pete Siemens President, Board of Directors PS/mcs cc: Board of Directors, MROSD 61 mcs\1egsi1\state\ab700\gove"i 330 Distel Circle - Lo,;Altos, CA 94022-1-104 I'lione: 415-09 1-1200 FAX:415-691-0485 E-mail: nirosd@netconixom e Board of I)ite(tw S:Pete Siemens,Mary 1,y(.Davey, i ce I la I fel I,I m i n i i v Babbitt, N onette f ia n ko,Betsy Crowder,W i i-ri de Wit Wiff'I'l/Uplmgof I Craig Britton Open Space 1 P �R.n- T-9F- P O R T -W September 1, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Honorable Pete Wilson Governor, State of California State Capitol Sacramento, CA 95814 RE: Assembly Bill 700(Cuneen) Dear Governor Wilson: I am writingto express m strong support for AB700, introduced b Assembly Member Jim Cuneen, P Y g PP Y Y which will add mountain bicycling and paragliding to the list of hazardous recreational activities in the California Government Code. The use of mountain bicycles on park and open space lands has increased dramatically in the last few years. Due to the speed that these bicycles can attain and the rough terrain found on 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 a hazardous activity in the California Government Code, and paragliding is considered a class-3 form of hang gliding. It is a logical step to add paragliding to this list. The,proposed legislation would amend section 831.7 of the California Government Code to designate both mountain bicycling and paragliding as hazardous activities,thus helping to reduce a park or open space agency's liability for injury to participants in either of these 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 1 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. Among this bill's supporters are the California Parks and Recreation Society, Responsible Organized Mountain Pedalers (ROMP), Association for California Tort Reform,the Santa Clara and San Mateo County Parks Departments, City of Oakland Parks Department, Marin County Open Space District, Association of California Water Agencies, Santa Clara County Open Space Authority, Bay Area Open Space Council, and Greenbelt Alliance. The bill was overwhelmingly passed by both the Assembly and Senate. I urge you to support j AB700 when it comes to your desk for signature. Sincerely, I cc: L. Craig Britton, MROSD i c\l mcs\1egsi1\state\ab700\govern 330 Distel Circle * Eos 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, feena Renshaw,Ginny Babbitt, Nonette Hanko, Betsy Crowder,Wim de Wit General Manager:I.Craig Britton �� 1 �� � 8 Open Space ---------------- August 31, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: San lose Diocese General Plan Amendment Proposal Dear Members of the City Council: I respectfully submit these additional comments for consideration prior to your certification of the Draft Environmental Impact Report for the Diocese General Plan Amendment. At your July 31 meeting, we presented a letter expressing our interest in preserving contiguous open space near Maryknoll Seminary, and working with the City of Cupertino and the County of Santa Clara in protecting and managing dedicated open space areas. I urge you to re-examine these issues we and others have raised and consider modifying your preliminary findings. Preserving quality open space, whether it is private or public open space, is our overriding goal. The value of open space, particularly in regards to habitat, scenic views and public recreation, is directly impacted by the size and configuration of the particular open space area. For this reason we have suggested and continue to emphasize that the area between Cristo Rey Drive and Maryknoll Seminary be excluded from development of any residential lots (currently proposed for up to twelve lots). Such development will create an island of disturbance and human activity that will seriously devalue adjacent open space in the following ways: 1) Large residences, ancillary structures, yards and fences will completely change the open space character of the land along Cristo Rey Drive which is an integral part of a visitors experience going to the existing County park and District open space preserve. 2) Cupertino residents and other visitors will have a degraded experience as a result of the residential construction and open space destruction within the highly visible expanse of open space between the Forum and De Anza Hill. This problem will be especially evident when they view the project from within the park and open space preserve. 3) Wildlife habitat and movement will be severely constrained by human activity encircling the 12 lot development where noise, pets and normal residential activities will force wildlife to retreat into the park and preserve. 4) The pocket of residential development will ultimately increase development pressure on remaining private open space lands between the project and the Forum. 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,Wirn de wit General Manager:L.Craig Britton Cupertino City Council August 31, 1995 Page two According to the July 31, 1995 staff report to the Council, the Planning Commission recognized these impacts and recommended development be eliminated from the area near Maryknoll Seminary. We support the Planning Commission's recommendation and respectfully request that it be incorporated into your final action. I would also like to address the issue of private open space versus public open space since the debate has been directly related to a determination of density. In considering an appropriate balance between development and open space, open space easements should be considered a viable alternative to public open space, particularly in this case where the open space is not needed for active public recreation use, but is being preserved for visual beauty and habitat preservation. This project has certain areas designated for preservation of wildlife habitat and to offer visual relief from adjacent development. To date, an argument presented against preserving some of these areas as private open space has been the vulnerability these lands may have to future development. This is not the case when open space easements are conveyed to agencies like the District or County, where the easements can be regularly monitored and protected in perpetuity. The District currently holds thousands of acres of open space easements on private lands where public access is not assured. In other words, examining the need for public access to open space areas may provide a basis of decision for obtaining the desired goals of the General Plan which allows for increased density by clustering development and thereby preserving as much as 90 percent of the project in p t area open space. g Pe P J Pe P We appreciate the opportunity to comment prior to your final deliberation and hope our additional appeal will be taken into consideration. Sincerely, r ete Siemens, President Board of Directors PS/dw cc: MROSD Board of Directors Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 31, 1995 Identical letter sent to: Sen. Boxer, Representatives Honorable Dianne Feinstein Eshoo, Lantos, Mineta, Farr, Member, U.S. Senate Lofgren 331 Senate Hart Building Washington, D.C. 20510 RE: Support for Re-Authorization of the Endangered Species Act Dear Senator Feinstein: I am writing to request your support for re-authorization of the Endangered Species Act. The Act is an extremely important law protecting the biological diversity of our nation, and protecting threatened plants and animals throughout the country. The Midpeninsula Regional Open Space District is a regional agency involved in land and habitat conservation, and has accumulated nearly 41,000 acres of open space and wilderness lands, thereby preserving critical wildlife habitat. In light of the scarcity of funding for these acquisitions, it's clear that the Federal government's role in preserving habitat and threatened species will become more and more important. While regional efforts in preservation play a more localized role, it is the Endangered Species Act that will ensure widespread habitat and species protection. Our 600,000 constituents enjoy a high quality of life, and much of that is due to the substantial preserved natural habitat and wildlife corridors adjacent to our communities. I urge you to strongly support re-authorization of the Endangered Species Act to help maintain this quality of life in the San Francisco Bay Area, and the nation. Sely, General Manager LCB/mcs cc: Board of Directors I 61 mcs\1cgis1\fed\e= 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 CrgWder,Wim de Wit General Manager:L.Craig Britton 1 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 30, 1995 Dear Neighbor: The Midpeninsula Regional Open Space District recently prepared the enclosed final draft of the new site brochure for Long Ridge and Saratoga Gap Open Space Preserves. When producing a new site brochure, we have frequently offered neighbors an opportunity to comment on the map prior to public distribution. Please review this final draft of the map and call Julie McCullough in the District's planning department with any comments or suggestions. We would appreciate your comments by September 11. Our number is (415) 691- 1200. We want to make sure that the District continues to be a good neighbor to adjacent property owners and to minimize possible impact that could result from public use activities on District lands. Please don't hesitate to contact me or to speak to our planning staff if you have suggestions, concerns, or questions concerning this brochure, or any other District issue. Sincerely, L. Craig Britton General Manager LCB/mcs cc: Board of Directors 330 Distel Circle Los Altos, >s,CA 94022-1404 Phone: 415-691-1200 FAX:415-691-0485 E-mail: mroscluneteom.eom Hoard of!Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt, Nonette Hanko,Betsy Crowder,Wim de Wit Gene ml Mxwger:L.Craig Britton I Wednesday, August 30, 1995 PLANNING CoMMISSION 7:30 PM, REGULAR MEETING AGENDA City Council Chambers inilion Ave MEETINGS ARE CABLECAST LIVE ON GONVERNMENT ACCESS CHANNEL 16 THIS AGENDA TO BE POSTED IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54954.2(a) OR SECTION 54956 ROLL CALL ORAL COMMUNICATIONS Members of the public may speak to any item not on the agenda;five minutes per speaker. Planning Commission reserves the right to limit the Oral Communications period to 15 minutes. AGENDA CHANGES, MAXIMS AND DELETIQNS �1. District presentation by the MidPeninsula Regional Open Space District. APPROVAL OF MINUTES 2. APPROVAL OF THE JUNE 28, 1995 PLANNING COMMISSION MINUTES. PLANNING COMMISSION ACTION: 3. APPROVAL OF THE JULY 12, 1995 PLANNING COMMISSION MINUTES. PLANNING COMMISSION ACTION: UNFINISHED BUSINESS PUBLIC HEAMGS 4. ALMA STREET BIKE BR EDGE, C WIIAL IMPROVEMENT PROJECT (CIP #19411) AND PARK IMMOVEMENT ORDINANCE* The City of Palo Alto (in conjunction with the City of Menlo Park and with additional funding from the State of California) propose a Class I bicycle bridge which crosses San Francisquito Creek and a Class I bicycle path from the intersection of Palo Alto Avenue and Alma Street in Palo Alto to the end of Alma Street in Menlo Park. The project also involves other landscape, lighting and miscellaneous park improvements. Environmental Assessment: A Mitigated Negative Declaration has been prepared. File Nos.: 95-HRB-14, 95-ARB-49, 95-EIA-16. This item is tentatively scheduled for City Council review on October 16, 1995. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 25, 1995 Dear Neighbor: The Midpeninsula Regional Open Space District recently prepared the enclosed final draft of the new site brochure for Purisima Creek Redwoods Open Space Preserve. When producing a new site brochure, we have frequently offered neighbors an opportunity to comment on the map prior to public distribution. Please review this final draft of the map and call Julie McCullough in the District's planning department with any comments or suggestions. We would appreciate your comments by September 8. Our number is (415) 691- 1200. We want to make sure that the District continues to be a good neighbor to adjacent property owners and to minimize possible impact that could result from public use activities on District lands. Please don't hesitate to contact me or to speak to our planning staff if you have suggestions, concerns, or questions concerning this brochure, or any other District issue. Sincerely.., L. Craig Britton General Manager LCB/mcs cc: Board of Directors 330 Distel Circle - Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-048.5 F-mail: mrosd a netcom.com Board of Directors:Pete Siemens,Mary C=. Davey,Teena Renshaw,(tinny B ibbitt,Nonette Fianko,Betsy Crowder,Wim de Wit Gener,d Nlar alter:L.Craig Britton Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 24, 1995 Identical letter sent to: Senators Leslie, Campbell , Honorable Charles Calderon Mello, O'Connell, Solis , Chair, Senate Judiciary Committee and Wright Room 4039, State Capitol P.O. Box 942848 Sacramento, CA 94248-0001 Dear Senator Calderon: On behalf of the Board and staff of the Midpeninsula Regional Open Space District, and the thousands of constituents who make up the District, I'd like to thank you for supporting AB700 when it came before the Senate Judiciary Committee recently. This bill, authored by Assemblyman Jim Cunneen, is a needed modernization of California Civil Code Section 831.7. It will help to maximize immunity for public agencies providing for a variety of "inherently hazardous recreational activities," including mountain biking, on public lands. Your support is crucial to the success of this bill, and is greatly appreciated. Please don't hesitate to contact me or L. Craig Britton, the District's general manager, if we can provide you with any further information about the Nfidpeninsula Regional Open Space District, or open space issues in general. Sincerely, Pete Siemens President,Board of Directors PS/mcs cc: Board of Directors Ralph Heim Jim Cunneen c\1 mcs\aprograrn\legisl\sme\ab700\senatc2 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 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8175 450.00 Aaron's Septic Tank Service Sanitation Services 8176 225.00 Acme &Sons Sanitation Sanitation Services 8177 112.62 Acorn Naturalists Resource Materials 8178 1,293.57 Acute Computer Technology Computer Upgrade 8179 141.75 ADT Security Systems, Inc. Alarm System Repairs 8180 145.30 All Laser Service Computer Supplies 8181 47.70 Randy Anderson Private Vehicle Expense 8182 81.40 Aptos Ten Water Meter 8183 62.47 Artech Laminating Laminating Supplies 8184 472.88 AT&T Telephone Service 8185 111.97 Barron Park Supply Company Plumbing Parts 8186 182.00 Battery-Tech Inc. Radio Batteries 8187 114.73 Bay Area Air Quality Management District Permits 8188 56.00 Bay Area Public Affairs Council BAPAC Luncheon--C.Britton and M.Smith 8189 417.50 *1 Best Impressions Survey Volunteer Supplies 8190 358.10 Best Sanitation Sanitation Services 8191 74.15 Black Mountain Spring Water Water Service 8192 5,140.00 Louis Bordi Trail Construction 8193 705.94 BT K & D Redwood Office Supplies 8194 500.00 *2 Carleen Bruins Historic Furnishings for Grant House 8195 346.81 California Department of General Services Truck Service Fee 8196 100.00 California Preservation Foundation Registration-Judy Law 8197 386.18 California Water Service Company Water Service 8198 276.00 Camino Medical Group Medical Services 8199 50.00 Alan Carey Photograph Use Copyright Fee 8200 65.00 Chicago Title Company Reconveyance Fees 8201 192.50 *3 Chris's Custom Framing Framing 8202 1,750.00 *4 David Christie Consulting Services 8203 1,981.66 Coastal Ford Tractor Tractor Rental and Repairs 8204 72.72 Sheryl Cochran Private Vehicle Expense 8205 59.54 Coastside Proflame Propane Tank Rental 8206 78.90 Annette Coleman Reimbursement--Field Supplies 8207 20.00 Country Home Products,Inc. Field Supplies 8208 19.20 Coordinated Resources, Inc. Chair Parts 8209 339.60 Alice Cummings Private Vehicle Expense 8210 179.44 The Dark Room Black and White Prints 8211 2,773.23 Design Concepts Design Production Projects 8212 414.00 Economy Business Machines Typewriter Maintenance and Repairs 8213 551.15 Enshallah Consulting Services 8214 78.75 Federal Express Corporation Express Mail 8215 147.42 Jean Fiddes Private Vehicle Expense 8216 11.14 Film to Frame Film and Developing 8217 61.64 Foster Bros. Security Systems, Inc. Locks and Keys 8218 61.34 G & K Services Towel Service 8219 536.63 Gardenland Power Equipment Equipment and Repairs *1 Urgent check issued on August 31, 1995. *2 Urgent check issued on August 24, 1995. *3 Urgent check issued on September 1, 1995. *4 Urgent check issued on September 7, 1995. Page 1 Claims No. 95-16 Meeting 95-21 Date: Sept.27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8220 360.00 Goldfus Enterprises, Ink Consulting Services 8221 222.11 Goodco Press Printing-Volunteer News 8222 25.59 W. W. Grainger, Inc. Welding Supplies 8223 1 .40 Mary Gundert Private Vehicle Expense 8224 58. 4 Philip Hearin Private Vehicle Expense 0', 8225 1,011.3 Hertz Equipment Rental Equipment Rent 8226 59.40 Honda Peninsula Equipment Parts 8227 260.79 Hyster Sales Company Equipment Parts 8228 105.00 Institute of Computer Technology Training-T. Rosso 8229 135.00 �temational Right of Way Association Registration-M. Williams 8230 215.29 Kaiser Cement Corporation Bas e Rock "/ 8231 48.39 Kee a & Shuchat Photography Film and Photographs 8232 65.17 Kinko l Printing Ie 8233 43.06 Kent Ki rman, Inc. /Z Field Supplies 8234 4,542.22 Dennis Ko za &Associates, Inc. Architectural Services 8235 306.24 Langley Hill'Quarry Base Rock 8236 835.27 Lanier Worid '­ e, Inc. Photocopier Maintenance Agreement 8237 303.70 Judy Law Reimbursement-Signs and Aerials 8238 220.00 League of California Cities Registration-S. Schectman 8239 3.00 Lehman's Hardware, Catalog 8240 100.99 Lexington Quarry Base Rock 8241 6.50 Loma Prietan Subscription 8242 400.00 Vincent L. Lorrain &Associates Appraisal 8243 30.00 Los Altos Chambe,f,6f Coma nerce Mailing Labels 8244 784.17 Los Altos Garba Company Dumpster Rental 8245 1,535.88 Town of Los atos Consulting Services 8246 1,638.00 Land TrusrAlliance Rally Registration-B.Crowder,M.Williams, and J. McCullough 8247 200.00 Buc),WMace Consulting Services 8248 249.98 M rath RentCorp Field Office Rental 8249 485.94 *5 :etroMobile Communications Radio Repairs 8250 332.15 MetroMobile Communications Radio Repairs 8251 50.00 Menlo Park Chamber of Commerce Mailing Labels 8252 11 8.5�/ Micro Accounting Solutions Memory Upgrade 8253 4,283,46 Milstone Geotechnical Professional Services 8254 39�.80 Minton's Lumber&Supply Field Supplies M r e Professional f Memory es y s Field Su 8255 249.81 Moffett Supply Company anitation Supplies 8256 75.00 Mountain View Chamber of Commerce iling Label 8257 162.00 Mountain View Optometry Sa ty Glasses 8258 2,429.85 Murray & Murray Leg ervices 8259 90.00 *6 NAI Region 9 Workshop Registr tion-C. Solomon 8260 19.50 Netcom Online S"ice 8261 3,955.00 *7 Navarone Industries, Inc. Postage f6X Fall Newsletter 8262 1,377.35 Noble Ford Tractor, Inc. Tractor PartsNand Repairs 8263 41.17 Nomey's of Mountain View Office Supplie 11\11 *5 Urgent check issued on September 1, 1995. *6 Urgent check issued on August 30, 1995. *7 Urgent check issued on September 7, 1995. Page 2 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8220 360.00 Goldfus Enterprises, Ink Consulting Services 8221 222.11 Goodco Press Printing-Volunteer News 8222 25.59 W. W. Grainger, Inc. Welding Supplies 8223 113.40 Mary Gundert Private Vehicle Expense 8224 58.14 Philip Hearin Private Vehicle Expense 8225 1,011.30 Hertz Equipment Rental Equipment Rental 8226 59.40 Honda Peninsula Equipment Parts 8227 260.79 Hyster Sales Company Equipment Parts 8228 105.00 Institute of Computer Technology Training-T. Rosso 8229 135.00 International Right of Way Association Registration-M. Williams 8230 215.29 Kaiser Cement Corporation Base Rock 8231 48.39 Keeble & Shuchat Photography Film and Photographs 8232 65.17 Kinko's Printing 8233 43.06 Kent Kitterman, Inc. Field Supplies 8234 4,542.22 Dennis Kobza &Associates, Inc. Architectural Services 8235 306.24 Langley Hill Quarry Base Rock 8236 835.27 Lanier Worldwide, Inc. Photocopier Maintenance Agreement 8237 303.70 Judy Law Reimbursement-Signs and Aerials 8238 220.00 League of California Cities Registration-S. Schectman 8239 3.00 Lehman's Hardware Catalog 8240 100.99 Lexington Quarry Base Rock 8241 6.50 Loma Prietan Subscription 8242 400.00 Vincent L. Lorrain &Associates Appraisal 8243 30.00 Los Altos Chamber of Commerce Mailing Labels 8244 784.17 Los Altos Garbage Company Dumpster Rental 8245 1,535.88 Town of Los Gatos Consulting Services 8246 1,638.00 Land Trust Alliance Rally Registration-B.Crowder,M.Williams, and J. McCullough 8247 200.00 Bucky Mace Consulting Services 8248 249.98 McGrath RentCorp Field Office Rental 8249 485.94 *5 MetroMobile Communications Radio Repairs 8250 332.15 MetroMobile Communications Radio Repairs 8251 50.00 Menlo Park Chamber of Commerce Mailing Labels 8252 118.53 Micro Accounting Solutions Memory Upgrade 8253 4,283.46 Milstone Geotechnical Professional Services 8254 393.80 Minton's Lumber&Supply Field Supplies 8255 249.81 Moffett Supply Company Sanitation Supplies 8256 75.00 Mountain View Chamber of Commerce Mailing Labels 8257 162.00 Mountain View Optometry Safety Glasses 8258 2,429.85 Murray& Murray Legal Services 8259 90.00 *6 NAI Region 9 Workshop Registration-C. Solomon 8260 19.50 Netcom Online Service 8261 3,955.00 *7 Navarone Industries, Inc. Postage for Fall Newsletter 8262 1,377.35 Noble Ford Tractor, Inc. Tractor Parts and Repairs 8263 41.17 Nomey's of Mountain View Office Supplies *5 Urgent check issued on September 1, 1995. *6 Urgent check issued on August 30, 1995. *7 Urgent check issued on September 7, 1995. Page 2 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8175 450.00 Aaron's Septic Tank Service Sanitation Services 8176 225.00 Acme & Sons Sanitation Sanitation Services 8177 112.62 Acorn Naturalists Resource Materials 8178 1,293.5 Acute Computer Technology Computer Upgrade 8179 141.75\ ADT Security Systems, Inc. Alarm System Repairs 8180 145.30 All Laser Service Computer Supplies 8181 47.70 Randy Anderson Private Vehicle Expense 8182 81.40 \Aptos Ten Water Meter 8183 62.47 Adech Laminating Laminating Supplies 8184 472.88 A T,,&T Telephone Service 8185 111.97 Barron"Park Supply Company Plumbing Parts 8186 182.00 Battery Tech Inc. Radio Batteries 8187 114.73 Bay Area'Air Quality Management District Permits 8188 56.00 Bay Area Public Affairs Council BAPAC Luncheon--C.Britton and M.Smith 8189 417.50 *1 Best Impressions Survey Volunteer Supplies 8190 358.10 Best Sanitation Sanitation Services 8191 74.15 Black Mountain SI:rnng Water Water Service 8192 5,140.00 Louis Bordi Trail Construction 8193 705.94 BT K & D Redwood Office Supplies 8194 500.00 *2 Carleen Bruins Historic Furnishings for Grant House 8195 346.81 California Department of General Services Truck Service Fee 8196 100.00 California Preservation Found,40ion Registration-Judy Law 8197 386.18 California Water Service Cornpany� Water Service 8198 276.00 Camino Medical Group Medical Services 8199 50.00 Alan Carey Photograph Use Copyright Fee 8200 65.00 Chicago Title Company Reconveyance Fees 8201 192.50 *3 Chris's Custom Fra ing ti Framing 8202 1,750.00 *4 David Christie Consulting Services 8203 1,981.66 Coastal Ford T ctor Tractor Rental and Repairs 8204 72.72 Sheryl Cochrar \,Private Vehicle Expense 8205 59.54 Coastside Prbflame Propane Tank Rental 8206 78.90 Annette Coleman ReIrnbursement-Field Supplies 8207 20.00 Country/Home Products,Inc. Field"Supplies 8208 19.20 Coord hated Resources, Inc. Chair Pa�ts 8209 339.60 Alice~'Cummings Private Vehicle Expense 8210 179.44 T ' Dark Room Black and White Prints 8211 2,773.23 Zesign Concepts Design Produ*on Projects 8212 414.00 Economy Business Machines Typewriter Maintenance and Repair's 8213 551.15 ✓ Enshallah Consulting Servic6s, 8214 78.75/ Federal Express Corporation Express Mail 8215 147.42 Jean Fiddes Private Vehicle Expense 8216 11.14 Film to Frame Film and Developing 8217 61.64 Foster Bros. Security Systems, Inc. Locks and Keys 8218 61.34 G & K Services Towel Service 8219 536.63 Gardenland Power Equipment Equipment and Repairs *1 Urgent check issued on August 31, 1995. *2 Urgent check issued on August 24, 1995. *3 Urgent check issued on September 1, 1995. *4 Urgent check issued on September 7, 1995. Page 1 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8264 24.54 Northern Energy, Inc. Propane Gas 8265 350.00 NRPA Congress Registration Registration-C. Britton 8266 841.63 Office Depot Office Supplies 8267 107.75 *8 The Office Outiftters Field Office Furnishings 8268 669.04 Orchard Supply Hardware Field Supplies 8269 1,152.50 Pacific Bell Telephone Service 8270 48.00 Palo Alto Chamber of Commerce Mailing Labels 8271 61.20 City of Palo Alto Utilities Utilities 8272 160.56 Peninsula Blueprint, Inc. Blueprints 8273 1,670.00 Petrotek Fuel Tank Removal 8274 63.03 Pitney Bowes, Inc. Postage by Phone Charges 8275 467.64 Pitney Bowes Credit Corporation Mailing Machine Rental 8276 10,000.00 Platypus Studio Consulting Services 8277 18.49 Precision Engravers, Inc. Name Badge 8278 7,812.50 Prudential Securities Remarketing Agreement 8279 250.00 The Public Agency Coalition Membership Fees 8280 1,567.59 Quicksilver Printing Printing 8281 9,067.50 R& S Erection Electric Gate Installation 8282 5.46 Rancho Hardware Field Supplies 8283 32.50 Rayne Water Conditioning Water Service 8284 100.00 Redwood City Chamber of Commerce Mailing Labels 8285 325.99 Regal Dodge, Inc. Vehicle Repair's 8286 809.71 Rich's Tire Service Tires and Repairs 8287 3,777.19 *9 Roys Repair Service Vehicle Maintenance and Repairs 8288 2,091.87 Roy's Repair Service Vehicle Maintenance and Repairs 8289 1,624.18 Russ Enterprises, Inc. Decals and Paint 8290 214.73 S &W Equipment Company Equipment Parts 8291 778.00 Santa Clara Department of Health Permits 8292 4,010.00 *10 County of Santa Clara Permit-Skyline Field Office 8293 170.61 Safety-Kleen Solvent Tank Service 8294 230.27 Skyline County Water District Water Service 8295 50.00 San Carios Chamber of Commerce Mailing Labels 8296 862.50 Sandis Humber Jones Consulting Services 8297 207.21 San Jose Mercury News Advertisement 8298 93.66 San Lorezo Valley Locksmith Re-Key Hosking Barn 8299 779.00 Santa Rosa Junior College Ranger Academy Tuition-B. Downing 8300 40.00 Saratoga Chamber of Commerce Mailing Labels 8301 5,535.00 Susan Schectman Additional Legal Services-June-August 8302 2,738.95 Scribner Graphic Press Printing-Fall Newsletter 8303 1,452.50 Seafirst Bank Paying Agent Fees 8304 5,795.14 SECOR International Incorporated Sampling and Analysis 8305 600.00 Bill Signarowitz Road Maintenance Reimbursement 8306 282.07 Shell Oil Company Fuel 8307 1,112.05 Signs of the Times Signs *8 Urgent check issued on September 12, 1995. *9 Urgent check issued on September 1, 1995. *1 OUrgent check issued on September 7, 1995. Page 3 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8308 1,251.20 *11 Silverado Avionics, Inc. Radio Speakers 8309 5,250.00 George Sipel Associates Consulting Services 8310 12.58 Smith Equipment Field Supplies 8311 445.60 Malcolm Smith Reimbursement—Seminar Registration and Private Vehicle Expense 8312 573.14 Summit Uniforms Uniform Expense 8313 50.00 Sunnyvale Chamber of Commerce Mailing Labels 8314 6,34.45 Teater& Etc. Graphics Consulting 8315 1,514,80 Therma Corporation Heating/AirConditioning Repairs 8316 7.bq Tooland,lnc. Equipr;ient Repair 8317 2,283.03 TransCom Code 3 Equipment and Installation 8318 65.00 42 Uncommon Computer Solutions Printer Repair 8319 57.86 \,Universal Specialties, Inc. Sanitation Supplies 8320 95,000.00 Valley Title Company Property Purchase—Anthony 8321 540.00 vaKey Title Company Title Reports 8322 4,000.00 Vargas&company Final Audit Payment 8323 101.40 MichaelYVilliams Private Vehicle Expense 8324 180.00 *13 Town of Woodside Permit 8325 1,760.00 Town of Woodside Geotechnical Review Fees 8326 77.56 Del Woods '\\ Reimbursement—Computer Supplies 8327 200.78 The Workingman%Empori4l"i Uniform Expense 8328 751.19 Yardbird Equipmen 4ales," Equipment and Repairs 8329 222.34 *14 Chris's Custom Framfihq' Recognition Activities by the Board 8330 1,188.05 PIP Printing Printing 8331 899.41 Petty Cash Grant House Furnishings, Training, Postage, Office and Field Supplies, Vehicle Parts, Local and Out-of-Town Meeting Expense, Recognition Activities by the Board, Subscription and Private Vehicle Expense TOTAL 232,064.23 *11 Urgent check issued on September 1, 1995. *12 Urgent check issued on September 20, 1995. 13 Urgent check issued on September 14, 1995. *14 Urgent check issued on September 27, 1995. Page 4 Claims No. 95-16 Meeting 95-21 Date: Sept. 27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8308 1,251.20 *11 Silverado Avionics, Inc. Radio Speakers 8309 5,250.00 George Sipel Associates Consulting Services 8310 12.58 Smith Equipment Field Supplies 8311 445.60 Malcolm Smith Reimbursement—Seminar Registration and Private Vehicle Expense 8312 573.14 Summit Uniforms Uniform Expense 8313 50.00 Sunnyvale Chamber of Commerce Mailing Labels 8314 634.45 Teater& Etc. Graphics Consulting 8315 1,584.80 Therma Corporation Heating/Air Conditioning Repairs 8316 7.00 Tooland,inc. Equipment Repair 8317 2,283.03 TransCom Code 3 Equipment and Installation 8318 65.00 *12 Uncommon Computer Solutions Printer Repair 8319 57.86 Universal Specialties, Inc. Sanitation Supplies 8320 95,000.00 Valley Title Company Property Purchase—Anthony 8321 540.00 Valley Title Company Title Reports 8322 4,000.00 Vargas&Company Final Audit Payment 8323 101.40 Michael Williams Private Vehicle Expense 8324 180.00 *13 Town of Woodside Permit 8325 1,760.00 Town of Woodside Geotechnical Review Fees 8326 77.56 Del Woods Reimbursement—Computer Supplies 8327 200.78 The Workingman's Emporium Uniform Expense 8328 751.19 Yardbird Equipment Sales Equipment and Repairs 8329 222.34 *14 Chris's Custom Framing Recognition Activities by the Board 8330 1,188.05 PIP Printing Printing 8331 899.41 Petty Cash Grant House Furnishings, Training, Postage, Office and Field Supplies, Vehicle Parts, Local and Out-of-Town Meeting Expense, Recognition Activities by the Board, Subscription and Private Vehicle Expense TOTAL 232,064.23 *11 Urgent check issued on September 1, 1995. *12 Urgent check Issued on September 20, 1995. *13 Urgent check issued on September 14, 1995. *14 Urgent check issued on September 27, 1995. Page 4 Claims No. 95-16 Meeting 95-21 Date: Sept.27, 1995 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8264 24.54, Northern Energy, Inc. Propane Gas 8265 350.00 NRPA Congress Registration Registration—C. Britton 8266 841.63 Office Depot Office Supplies 8267 107.75 *8 The Office Outiftters Field Office Furnishings 8268 669.04 Orchard Supply Hardware Field Supplies 8269 1,152.50 Pacific Bell Telephone Service 8270 48.00 Palo Alto Chamber of Commerce Mailing Labels 8271 61.20 City of Palo Alto Utilities Utilities 8272 160.56 Peninsula Blueprint, Inc. Blueprints 8273 1,670.00 Petrotek Fuel Tank Removal 8274 63.03 Pitney Bowes, Inc. Postage by Phone Charges 8275 467.64 Pitney Bowet.,Credit Corporation Mailing Machine Rental 8276 10,000.00 Platypus Studio, Consulting Services 8277 18.49 Precision Engravers, Inc. Name Badge 8278 7,812.50 Prudential Securities Remarketing Agreement 8279 250.00 The Public Agency Coalition Membership Fees 8280 1,567.59 Quicksilver Printing Printing 8281 9,067.50 R& S Erection Electric Gate Installation 8282 5.46 Rancho Hardware Field Supplies 8283 32.50 Rayne Water Conditioning , Water Service 8284 100.00 Redwood City Chamber of Commerce Mailing Labels 8285 325.99 Regal Dodge, Inc. Vehicle Repairs 8286 809.71 Rich's Tire Service' Tires and Repair's 8287 3,777.19 *9 Roys Repair Service Vehicle Maintenance and Repairs 8288 2,091.87 Roy's Repair Service Vehicle Maintenance and Repairs 8289 1,624.18 Russ Enterprises, Inc. Decals and Paint 8290 214.73 S &W Equipment Company Equipment Parts 8291 778.00 Santa Cla,ra Department of Health Permits 8292 4,010.00 *10 County of Santa Clara Permit—Skyline Field Office 8293 170.61 Safety-Kleen Solvent Tank Service 8294 230.27 Skyline County Water District water service 8295 50.00 San Carios Chamber of Commerce Mailing Labels 8296 862.50 Sandis Humber Jones onsulting Services 8297 207.21 San Jose Mercury News A vertisement 8298 93.66 San Lorezo Valley Locksmith Re_Key Hosking Bam 8299 779.00 Santa Rosa Junior College Ranger Academy Tuition—B. Downing 8300 40.00 ' Saratoga Chamber of Commerce Mailind\-abets 8301 5,535.00 Susan Schectman Additional,Legal Services—June-August 8302 2,738.05 Scribner Graphic Press Printing—Fall Newsletter 8303 1,452.50 Seafirst Bank Paying Agent Fees 8304 5,795.14 SECOR International Incorporated Sampling and Analysis 8305 600.00 Bill Signarowitz Road Maintenance Reimbursement 8306 282.07 Shell Oil Company Fuel 8307 1,112.05 Signs of the Times Signs *8 Urgent check issued on September 12, 1995. *9 Urgent check issued on September 1, 1995. *1 OUrgent check issued on September 7, 1995. Page 3