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HomeMy Public PortalAbout19951011 - Agendas Packet - Board of Directors (BOD) - 95-22 i ReglOnal Open Sp e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-22 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California October 11, 1995 7:30 ROLL CALL ** ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF THE DAY Resolution Honoring and Commending Larry Orman of Greenbelt Alliance ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- P. Siemens *** APPROVAL OF MINUTES September 27, 1995 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Authorization to Purchase 41.41-Acre Reece Property Near Mt. Thayer for $110,000 as an Addition to Kennedy Limekiln 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 -- C. Britton Resolution 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 Reece) (7:55) 2. Tentative Adoption of Use and Management Plan Amendments to Open All Trails to Dogs on Leash at Fremont Older, Coal Creek, and Thornewood Open Space Preserves and to Close Long Ridge Open Space Preserve to Dog Access and Determination that Project is Categorically Exempt Under CEQA -- R. Anderson 330 Distel Circle - Los Altos, CA 94022 415-091 1200 « FAX:415-091-0485 - E-mail: mrosd@netcom.com e Board of Dire ctots Pete Siemens,Mary C.Davey, Teena t lenshaw, David T.Smernoff, Nonette Hanko,Betsy Crowder,Wim do Wit ("onerat Manager I Craik Britton Meeting 95-22 Page 2 (8:15) 3. Approval of General Manager's 1995-1996 Cost of Living Increase (2%) Meritorious Pay Award (4%), and Increase in In Lieu Mileage Allowance -- P. Siemens Resolution Approving 1995-1996 Cost-Of-Living Adjustment and Meritorious Pay Award for the General Manager and Approving Amendment to General Manager Employment Agreement (8:20) INFORMATIONAL REPORTS -- Brief announcements or reports by members of the Board and/or staff on District related activities. No action or deliberation to take place. Matters of interest to the Board may be referred to staff or placed on a future agenda. *** REVISED CLAIMS (Consent Item) CLOSED SESSION - None Scheduled ADJOURNMENT *NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved by one motion unless a Board member removes an item from the consent calendar. A member of the public may request under oral communications that an item be removed from the consent calendar. Regional Open SpADe MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-21 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS September 27, 1995 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 6:39 P.M. Members Present: Pete Siemens, Mary Davey, Teena Henshaw, Nonette Hanko, Betsy Crowder, and Wim de Wit. David Smernoff arrived at 6:41 P.M. Personnel Present: Craig Britton. H. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item la. The Board recessed to Closed Session at 6:39 P.M. and the Closed Session commenced at 6:39 P.M. The Board adjourned the Special Meeting at 7:37 P.M. and P. Siemens called the Regular Meeting to order at 7:42 P.M. He announced that the Board had been meeting in Closed Session to discuss Closed Session agenda item la to conduct a performance evaluation for the general manager and that no final decisions had been made. Additional Personnel Present: Sue Schectman, John Escobar, Randy Anderson, Malcolm Smith, Mary Gundert, Mike Williams, Deirdre Dolan, Patrick Congdon, Julie McCullough, and Emma Johnson. III. ORAL COMMUNICATIONS John Carries, 1755 La Honda Road, #95, Woodside said he was representing the newly-formed user group named P.A.D.S. He said the group is concerned about the Board action on June 28, 1995 and the group,would like the Board to reconsider its action of that date regarding not opening any new trails on Windy Hill Open Space Preserve to dog use contrary to the original recommendations. N. Hanko asked if it would be possible to re-introduce discussion of dog use on Windy Hill trails when plans for each of the preserves are discussed. C. Britton replied that Windy Hill Open Space Preserve will not be one of the specific preserves to be discussed since there were no changes recommended, but if the Board wishes to reconsider it, it could be added to the list to be considered at the October 11 Board meeting. B. Crowder said that, as the Board member representing that area, she did not wish to have it reconsidered at this time. 330 Distel Circle * Los Altos,CA 94022-1404 & Phone:415-691-1200 o FAX:415-691-0485 * E-mail:mrosd@netcom.com 0 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 11 Meeting 95-21 Page 2 W. de Wit said that there are trails open to dogs at Windy Hill, and the Board voted not to open any additional trails for their use. P. Siemens asked if the Board wished to have the Use and Management Committee consider the question. N. Hanko said she had questioned whether some areas of the preserve should be considered for off-leash use and that she would like the committee to discuss that issue at the Board level. P. Siemens suggested that the Use and Management Committee add the question of dog access on Windy Hill Open Space Preserve to its next agenda. B. Crowder said that the question should be debated under the first agenda item since it is one of the policy decisions. C. Britton noted that the agenda item refers to opening a part of a preserve or all of a preserve to on-leash use and that N. Hanko is referring to possibility of areas of Windy Hill being open to off-lease use. P. Siemens confirmed that he would like to refer the matters of possibly opening all of Windy Hill to dog use and considering whether there are areas that would be suitable for off-leash use to the committee. He asked that the committee return to the Board with its recommendation. IV. ADOPTION OF AGENDA Motion: T. Henshaw moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR B. Crowder requested that the two written communication responses and agenda item 11, Anoroval of Permit to Enter for Santa Clara County's Roads and Airiwrts 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 be removed from the consent calendar. Motion: B. Crowder moved that the Board adopt the consent calendar as revised including: approving minutes of the June 28, 1995 and August 23, 1995 Board Meetings; agenda item four - Reduction of the Overall Fine for Violating the District's Bicycle Helmet Regulation from $76 to $49; agenda item six - Adoption of Resolution 95-30 Approving the Application to the Habitat Conservation Fund Program for Grant Funds to Acquire 26-Acre Silva Property as Part of Old Page Mill Road Trail Acquisition Project and Finding that Project is Categorically Exempt Under CEQA; agenda item seven - Adopting Resolution 95-31 Approving the Land and Water Conservation Fund Grant Application for Pulgas Ridge Public Access Improvement Project, and Approving the Negative Declaration for the Project, and Adoption of Mitigation Monitoring Program and Other CEQA findings; agenda item eight - Authorization for General Manager to Execute an Agreement with Tom Hennig Company of Los Altos to Market Four Surplus Diesel Generators and Related Equipment Located at the Former Almaden Air Force Station at Mt. Umunhum; agenda item thirteen - Proposed Change to Distribution of Salary Incentive Awards Based on $25,000 Funding Cap; and Revised Claims 95-21. M. Davey seconded the motion. The motion passed 7 to 0. Meeting 95-21 Page 3 VI. WRITTEN COMMUNICATIONS B. Crowder suggested that the draft reply to Harry Haeussler, 1094 Highland Circle, Los Altos be amended to say that the access improvements at Windy Hill are expected to be completed "in the fall of 1996." She also suggested that the last sentence of the first paragraph of the draft reply to Jill Newburn, South Skyline Equestrian Association, 12300 Skyline Boulevard, Los Gatos be changed to: "In this case, we would do our best to accommodate your group as well as fire emergency crews." The Board concurred with her suggested changes. Motion: B. Crowder moved that the Board approve the amended written communication responses. M. Davey seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. la - Use and Management Committee's Recommendations on Partial Preserve Access, Waste Clean-Up RN.uirements. Use of Retractable Leashes, and Nuisance Dogs Regulations (R-95-117) B. Crowder, chairperson of the Use and Management Committee, acknowledge the large contributions of the Planning Program, Kathleen Hart, Alice Cummings, and Randy Anderson in resolving the question of access to dogs on the preserves. She said since the last Board meeting on the subject the Use and Management Committee held a public meeting to consider general policy for partial or total preserve opening or closing, waste clean-up requirements, retractable leashes, and vicious dog regulations. She said the meeting became a workshop with members of the audience contributing suggestions to each topic and that she considers a complete consensus was reached on the four policy issues. On the question of an entire preserve being either open or closed to dogs, rather than partially open, she noted that if there are clear geographic areas or sub-areas or characteristics that clearly segregate trails, partial preserve access for dogs may be manageable. She said the Committee recommends adopting the following policies: • Objective is that an entire preserve be either open or closed to dogs, with possible exceptions which may include, but not limited to 1) clear geographic features that distinguish closed areas from open areas; 2) impact on sensitive wildlife habitat can be avoided; 3) conflict with special use areas can be avoided. • Installation of signs requiring owners to clean up after their dogs in popular use areas and that bags should not be provided. 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. • 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 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 within 200 feet of any parking area, trailhead, picnic area, campground, horse stable, public roadway, rest room, visitor center, ranger station, other special use area where contact with other visitors or District staff is likely, within 50 feet of any person that is not a member of the group with the dog; or within 50 feet of any reservoir, pond, lake, creek, stream, bay, tidal area or flood control channel. Meeting 95-19 Page 4 John Carnes of PADS (Peninsula Access for Dogs) said he has been involved in forming the group which sees its role as being role models for other dog owners and providing peer pressure, carrying extra bags, providing contact with staff when problems arise and helping to mitigate problems, establishing a means of public contact including a mailing address and telephone, producing an educational flyer, and clean-up projects. P. Siemens suggested that the leash requirement language be changed to use the words "District facility such as parking area" so that people do not have to memorize a long list of facilities, and "water way" rather than naming reservoirs, ponds, lakes, etc. J. Escobar responded that if such language were adopted, "waterways" and "facilities" would have to be defined and other regulations have avoided that. Motion: N. Hanko moved that the Board adopt the policies regarding dog access outlined in the committee's report. D. Smernoff seconded the motion. The motion passed 7 to 0. Agenda Item No. lb - Adoption of Criteria and Procedures as Part of the Open Space Management Policies for Future Use in Evaluating Site for Dog Access -9(R 5-116) R. Anderson noted that the Board at its June 28, 1995 meeting had directed staff to amend the proposed weights for scoring various areas such as rural residential neighborhoods and habitat sensitivity. He said the new amended draft dog access criteria incorporates the proposed changes including 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. He noted that the criteria will become part of the Use and Management planning policies. Dan Bernstein, of PADS, 3613 McNulty Way, Redwood City praised the process that was used including public outreach, research of other agencies, and site evaluation criteria. He also noted that the total points for Thornewood Open Space Preserve on the Preserve Suitability for Dog Access chart was 34 and the staff report incorrectly referenced Thornewood's total score. Motion: M. Davey moved that the Board adopt the proposed criteria and procedures as part of the Open Space Management Policies for future use in evaluating sites for dog access. D. Smernoff seconded the motion. The motion passed 7 to 0. C. Britton said staff will review the math on the chart and any change will appear in the minutes of the meeting. (Note: Thornewood has a total of 34 points on the Preserve Suitability for Dog Access chart dated 9/19/95.) R. Anderson added that tentative Use and Management Plan amendments for Fremont Older, Thornewood, Coal Creek, and Long Ridge Open Space Preserve will be considered by the Board on October 11 and Sierra Azul - Limekiln Area and Pulgas Ridge Use and Management Plan amendments will be considered on October 25. B. Agenda Item No. 2 - Authorization to Purchase 12.65-Acre Anthony PLQWAy 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 ProRrty, Meeting 95-19 Page 5 Including Intention to Withhold Dedication of the PropgM as Public Open Spm. and Determination that Recommended Actions are Categorically Exempt from CEQA (LZ-95- 109) M. Williams pointed out the location of the 12.65-acre property located along Loma Prieta Road between Mt. Umunhurn and Loma Prieta. He said the property is within the Bay Area Ridge Trail corridor and acquisition will help complete the southern portion of the Sierra Azul Open Space Preserve. He noted that the price of the property is $95,000 and was previously priced at $150,000. Motion: M. Davey moved that the Board adopt Resolution 95-32, a 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), tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Mt. Umunhurn Area of Sierra Azul Open Space Preserve, indicated its intention to withhold the property from dedication as public open space at this time, and determined that the recommended - actions are categorically exempt from the California Environmental Quality Act as set out in the staff report. B. Crowder seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 - Approval of Permit to Enter for Rhone-Poulenc. Inc. and Their Contractor to Construct and Enlarge a Storm Drain Facility at Ravenswood Oren Space Preserve. Approval of Agreement with Rhone-Poulenc. Inc. to Exchange Easements to Aggpire a Public Trail Easement in Exchange for the Storm Drain Easement, Tentative Adoption of Preliminary Use and Management Plan Recommendations and Determination that Project is Categorically Exempt under CEQA (R-95-1 10) W. de Wit expressed a non-conflict of interest with the project of the agenda item. He said his son, Mark de Wit, is an employee of Geomatrix and is the project manager in the field for this particular project. He said that Geomatrix is a consulting firm that designs and manages the project for Rhone-Poulenc, Inc. and that he has no financial or any other interests in Rhone-Poulenc or Geomatrix. He said District counsel had advised him that there is no conflict for him to discuss or vote on this particular item. M. Williams reported that Rhone-Poulenc, Inc. has requested an easement from the District to construct and enlarge a storm drainage facility next to the District's pedestrian bridge at Ravenswood Open Space Preserve. He said they are also negotiating with PG&E to purchase adjoining property that includes the levee adjacent to Palo Alto Baylands and that 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. He said the District has proposed an exchange of easements contingent upon Rhone-Poulenc's successful acquisition of a portion of the PG&E property, but 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 and Rhone-Poulenc, Inc. will deposit $10,000 in an account with the District which will be forfeited if they do not acquire the PG&E property. Meeting 95-19 Page 6 Mark de Wit of Geomatrix said that the PG&E site clean-up has been completed. C. Britton requested a voice vote on the motion since dedicated land can only be relinquished by a yea vote of all seven Board members. Motion: N. Hanko moved that the Board adopt Resolution 95-33, a 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 - Land of Rhone-Poulenc, Inc.), tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report including naming the public trail easement, if acquired, as an addition to Ravenswood Open Space Preserve, and determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report. B. Crowder seconded the motion. The motion passed by the following voice vote: Ayes: Pete Siemens, Mary Davey, Teena Henshaw, David Smemoff, Nonette Hanko, Betsy Crowder, and Wim de Wit. D. Agenda Item No. 5 - Authorization for General Manager to Enter into an Agreement with California Department of Forestry and Fire Protection to Conduct a Controlled Bum at Russian Ridge QMn Space Preserve (R-95-1 L4) R. Anderson reported that the California Department of Forestry and Fire Protection (CDF) would conduct the proposed bum at Russian Ridge Open Space Preserve, with District staff helping and supporting. He said the District's resource management policies include restoring fire to a more natural role in preserve ecosystems, maintaining, restoring or stimulating natural ecological processes where feasible, and maintaining the diversity of native plant communities. He added that the northern part of Russian Ridge has been heavily invaded by thistle and coyote brush and that burning would reduce the thistle seed bank as well as reduce the annual grass seed bank. R. Anderson said that neighbors have been notified of the possible bum. J. Escobar reported that he has received comments from Adele Norton who lives north of the ridge area and is concerned about property safety and Raymond Watson, a geologist from San Carlos, who has concerns about fall bums and the possibility of erosion resulting from the denuded land. Nick Moll and Sarah Christian, Star Route 2, Box 408 expressed their concerns about the consequences of conducting the bum, noting that results are not fully understood or predictable, and that none of the ecological objectives is certain to be met. Mr. Moll suggested burning test plots in conjunction with a census of closely matched plots. He said then, if the results are positive, more extensive bums could be considered in future years. He noted that the effect of fire on the ecosystem of 1995 may lead to a long-term and Meeting 95-19 Page 7 complete degradation as the burned-off area is overtaken by star-thistle and that some of the hills could become a geologic hazard in terms of landslide activity. Discussion centered on whether burns would control invasive plant species and how many burns it would take to do so, as well as how much area should be burned. P. Congdon explained that there are light and heavy burns, that controlled burns should be light and so erosion and chemical changes to the soil should be negligible. He noted that, to control star thistle, it would take burns at least two years in a row followed by another burn two or three years later. N. Hanko asked if staff will monitor the site after the burn as to whether thistle has been controlled. R. Anderson said staff will pay attention to the results and work actively to encourage good results including potential overseeding to favor desirable species. B. Crowder asked if all three areas are proposed to be burned. R. Anderson noted that all may be burned but are listed in order of those most likely to be burned. She asked to be notified when the burn is going to occur. C. Britton said that Monte Bello and Russian Ridge Open Space Preserves were grazed in the past and that controlled burns are an alternative to grazing. He said this is an opportunity to compare unburned areas to areas that are burned. J. Escobar noted that the District does not have adequate resources to do a burn itself and that this is a good opportunity to work with CDF. D. Smernoff asked if the District could do test plot burns with careful analyses of results and compare test plots with unburned plots in the same areas. He said he is hesitant to agree to a burn of such a large area when results are unknown. M. Davey reported that in the past when she chaired the Hillside Subcommittee studying the Santa Cruz Mountains for Santa Clara County, there were the same concerns but that the committee's research showed that it was beneficial. She said this is an opportunity and that she is sure that CDF will look at results and do the studies and that the District should ask them to participate. Mr. Moll and Ms. Christian stressed that the outcome of thistle control by fire is unknown and studies done years ago will not answer the question since star thistle was not the problem then as it is now. B. Crowder asked if burns are no longer considered a way to eliminate star thistle. J. Escobar responded that research shows that repeated burning has an effect on it if it is done for three to five years. P. Congdon noted that CDF is aware of the public relations potential for this as a beginning of a larger fire protection plan for the entire Skyline area and the value for having a plan that the public supports so he expressed his opinion that they will do whatever is necessary to make this successful. N. Hanko asked about a plant census and test plot type of burn. P. Congdon said the proposed burn will be part of the vegetative management program and that 100 acres is a minimum. He said the total number of acres could be as high as 400 acres and that CDF would evaluate the control lines. He said as far as test plots, the District would have to do the burn on its own, with its accompanying liability and responsibility. Meeting 95-19 Page 8 P. Siemens asked if CDF is committed to burn for more than one year. P. Congdon said it is his understanding that they will commit to doing more than a one year burn, but did not know whether three or four years was feasible. P. Siemens expressed his understanding that with star thistle, if the correct things are not done, the problem becomes worse and that some commitment is needed to follow a prescription of burning two to three years in a row. B. Crowder asked if it is necessary to burn all three areas for CDF to agree to the burn. P. Congdon replied that if the area is less than 100 acres they would not agree to a burn; if 100 acres or over they might be encouraged to do it. He added that areas two and three have more thistle than area one. D. Smemoff suggested that burning area one or areas one and two and omitting area three would give a census and a control area. He said the commitment should be made to do it properly and study results and that he would be opposed to burning all three areas. He suggested taking a census now and doing small plots to get differences between the areas and follow-up for several years after the burn. P. Siemens expressed his agreement with the suggestion, along with getting a two-year commitment from CDF. C. Britton responded that CDF cannot be expected to give more than a one-year commitment. He said even if they gave a commitment for a second year they may have to back out of it and the District would have to do a second burn. N. Hanko asked what the cost would be for District staff to do a burn versus treating the thistle with chemicals. J. Escobar responded that a contractor would have to be hired because the District does not have adequate equipment to safely conduct a controlled burn. N. Hanko said the District is moving into an area without fully understanding the total impacts. M. Davey said she favored the plan since it is an opportunity to carry out the resource management program for the area. Motion: M. Davey moved that the Board authorize the General Manager to enter into an agreement with the California Department of Forestry and Fire Protection to conduct a controlled burn at areas one and two of Russian Ridge Open Space Preserve and that CDF be requested to continue the burn next year. B. Crowder seconded the motion. Discussion: D. Smemoff suggested that the motion be amended to include a follow-up study of the controlled burn with details of the study left to the discretion of staff. The mover and the seconder agreed to the amendment. The motion passed 4 to 3 on the following vote: Ayes: P. Siemens, M. Davey, D. Smemoff, and B. Crowder. Noes: T. Henshaw, N. Hanko, and W. de Wit. Meeting 95-19 Page 9 T. Henshaw said she is not convinced that the burn is something the District should proceed with. N. Hanko said it is necessary to do a study to know what the results will be. W. de Wit said there are too many "ifs, ands, and buts." N. Hanko suggested a workshop on resource management. E. Agenda Item No. 9 - Authorization for the General Manager to Contract with Dennis Kobza and Associates for $11.350 to Provide Architectural Services for Construction of the New Field Office at Skyline Ridge Q%nSpace Preserve (R-95-11$) Motion: N. Hanko moved that the Board 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. B. Crowder seconded the motion. The motion passed 7 to 0. F. Agenda Item No, 10 - Authorization for the General Manager to Enter into Contract with the Lowest Responsible Bidder for Site Work, Grading, Surfacing, and Under rg, ound Utilities for Construction of the New Field Office at Skyline Ridge Q�n Space Preserve (R-95-119) M. Gundert reported that the District received two bids which were nearly double the expected cost. C. Britton suggested that the Board reject the bids and authorize staff to readvertise for bids for a grading and paving contractor and for a building contractor. Motion: T. Henshaw moved that the Board reject all bids and authorize the General Manager to readvertise for bids on the project. M. Davey seconded the motion. The motion passed 7 to 0. G. 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 Oren Space Preserve (R- 95-111) C. Britton said that there is a minor change to the agreement under Section 7.0 (Insurance). He said that since the County is self-insured, they could not name the District as co-insured but could satisfy the condition by providing written documentation to the District that the County's insurance provides the types and amount of liability coverage. He added that the District's legal counsel had drafted the change and it had been approved by the County. Motion: B. Crowder moved that the Board authorize the General Manager to execute the modified Permit to Enter for the Picchetti Ranch Area of Monte Bello Open Space Preserve and authorize the General Manager to execute any and all other documents necessary or appropriate to the Permit to Enter process and determined that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the report. T. Henshaw seconded the motion. The motion passed 7 to 0. H. Agenda Item No. 12 - Reorganization of Planning and Acquisition Programs to Create Self-Managed Work Team, Authorization to Reorganize and Fill Designated Planing Meeting 95-19 Page 10 Positions. and Authorization for General Manager to Execute Six-Month Consulting Services Agreement with George SiMI Associates Rate of$6.000 per Month - - 2 C. Britton reported that the reorganization is primarily the work of George Sipel whop ad organized staff in its present system. He said that the concept of self-managed work teams would promote personal responsibility and better use of skills, ideas, and experience. He noted that the acquisition program is being included in the reorganization. He reviewed the terms of the contract with George Sipel who is being proposed to organize the project, and introduced him. G. Sipel said that the plan would promote efficiency, spending money allocated in the budget for projects, and a productive nonstressed staff. He noted that at the end of the six month trial period the team should be functioning well. P. Siemens said he would like the motion to stipulate that the fee for Mr. Sipel is $75 an hour, not to exceed $6,000 per month. Motion: T. Henshaw moved that the Board authorize staff to proceed with the reorganization of the Planning and Acquisition Programs to create a self- managed work team, authorize the General Manager to execute the six-month Consulting Services Agreement with George Sipel Associates to provide organizational management and personnel services at the cost of$75 per hour not to exceed $6,000 per month, approve a second Senior Planner position to be filled internally and hold the Planning Manager position vacant at this time, authorize staff to fill two Open Space Planner I positions as soon as possible by internal promotion of the two incumbent Planning Technicians, and authorize staff to fill one Planning Technician position after S. Cochran's Open Space Planner II position has been vacated. N. Hanko seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS C. Britton reported a) that a marijuana plot was discovered on District land while he was on a ride-along with District rangers and that the plot was confiscated by the sheriffs department; b) J. Escobar recently spoke to the Marin Water District and they will be implementing a volunteer program similar to the District's; c) J. Escobar made a presentation to the Monterey County Regional Open Space District on bicycle access; d) he met with the Board of Directors of Peninsula Open Space Trust regarding a major fund-raising effort that POST will be embarking on; e) H. Haeussler made a donation to the District to honor B. Crowder for her work on the Board; f) asked Board members to arrange with S. Dale their attendance at the Not-So-Annual Conference on November 16, 17, and 18; g) he spoke at a fund raising event for the Committee for Green Foothills; h) S. Cochran will be leaving the District and moving to Oregon in mid- October and E. Johnson will also be leaving the area in October; and i) seventeen or eighteen volunteers for the environmental education program at the Daniels Nature Center began training today. B. Crowder reported on an open space map from Jefferson County Open Space District in Colorado and that trails for hikers only are printed in red, and all other trails are multiple use. P. Siemens thanked the Planning staff for their efforts in responding to the EIR on the proposed golf course in Los Gatos. He said he spent the day helping refurbish the Grant House. Meeting 95-19 Page 11 D. Smernoff reported he represented the District at a bicycle race recently and proposed entering a District team in next year's event. M. Smith reported on a census of preserve users that will be done at each of the entrances to Purisima Creek and Rancho San Antonio Open Space Preserves on October 11 and 14. J. Escobar reported: a) that the field activity report had been distributed; b) defensive tactics training is in process and is being taught by an ex-FBI trainer who is doing an excellent job and will probably be around for future training; and c) a mountain lion eating a kill was reported at Pulgas Ridge Open Space Preserve late this afternoon. He said the preserve would be posted with notices in the morning. S. Schectman reported on recent litigation and court decisions that affect the District or land conservation. DC. ADJOURNMENT The meeting was adjourned at 10:40 P.M. Emma Johnson Recording Secretary 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 Califomia 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,lnc. 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 Norneys 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 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 Bam 8299 779.00 Santa Rosa Junior College Ranger Academy Tuition-B. Downing 8300 40.00 Saratoga Chamber of Commerce Mailing Labels 8361 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. 95-1e 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 s ' SE ACTION PROPOSED BY STAFF E-mail received R—d President Acknowledge/Respond Director Acknowledge/Respond Date: 9/26/95 Staff Acknowledge/Respond To: mrosd@netcom.com Y, Draft Response Attached From: ckilcoin@argotech.com (Chris Kilcoin) Staff to be Directed to Prepare Draft Response for Road Canslderation per Subject: Dog Access Doard Diree tive(s) No Response Necessary Dear Board of Directors, --------- I am writing to respectfully request a reconsideration of an earlier board decision to not open up additional trails for dog walkers at the Windy Hill preserve. I was very pleased that the dog committee unamiously recommended to allow dogs on the other trails (Hamm's Gulch and Razorback) at Windy Hill, but am disappointed that board voted against that recommendation. Windy Hill is a wonderful preserve with views and water. The biggest problem is that there is no shade, which is very unpleasant for the hiker, and potentially quite unhealthy for the dog during the hot summer days. Therefore, I am writing to urge you to consider opening up at least one of those two trails at that preserve. Thank you very much, Chris Kilcoin 3865 Page Mill Road Los Altos Hills, CA 94022 Regional Open Sl. 1e 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION October 12, 1995 Mr. Chris Kilcoin 3865 Page Mill Road Los Altos Hills, CA 94022 Dear Mr. Kilcoin: Thank you for our September 26 1995 electronic mail requesting Board reconsideration of Y Y P � g dog use on Windy Hill Open Space Preserve. At our Regular Meeting on September 27 1995, the District's Board of Directors reviewed your request. The Board has directed the Use and Management Committee to reconsider allowing dog use on additional trails it Windy Hill Open Space Preserve. The Committee will be meeting in the next few weeks to discuss this issue, and we will notify you of'the meeting's date and time. The committee's recommendation will then be presented to the full Board of Directors for consideration at a Regular Meeting. Sincerely, Pete Siemens, President Board of Directors PS:jcm 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,David T.Smemoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig;Britton f Eric Moskalik 1021 Robin Way Sunnyvale Calif. 94087 September 27, 1995 RESPONSE ACTION PROPOSED BY STAY? Midpeninsula Regional Open Space District Board President Acknowledge/Respond 330 Distel Circle Director Acknowledge/Raspond Los Altos California 94022-1404 Staff Acknowledge/R..pond Draft Response Attached Staff to be Directed to Prepare Draft Dear Director of Steven's Creek Count Park, Bea poa se fnt Do(cd Consideration per Board Direc civea) No Response Necessary There are many people right now that are using Steven's Creek County park as a main source of outdoor recreation. Myself along with many others people are very concerned about some of the rule changes that have recently been implemented in the parks facilities 1) I would like to know the reasons for the 15 mph mountain bike speed limit. What events caused this rule to be implemented. 2) I'm concerned about the coast that the radar guns have reached, I would like to know how much money is being spent on trail maintenance as opposed to radar equipment. 3) All trails are shared by horses, hikers and bikers. What are the planes being considered for making certain trails designated for pedestrians, horses and mountain bikers. 4) Last I would like to know if one of the rules are broken, like the 15 mph speed limit, not wearing a helmet, or being in the park after hours , what the fines or penalties are for that person. Thank you for taking the time to respond to my letter. I hope that in the future everyone enjoying Steven's Creek County Park will be safe and happy. Sincerely, Eric Moskalik i Regional Open Sp .,e 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 12, 1995 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Eric Moskalik 1021 Robin Way Sunnyvale, CA 94087 Dear Mr. Moskalik: Thank your for your September 27, 1995 letter regarding trail use regulations. At our Regular Meeting last night, the District's Board of Directors reviewed your comments. Stevens Creek County Park is operated by Santa Clara County, not Midpeninsula Regional Open Space District. If you need information about county park rules, please contact the Santa Clara County Parks Department at (408) 358-3741. Information regarding the District's regulations is listed below. The Board is concerned about the safety of preserve visitors. In response to complaints about excessive speed and an increasing number of bicycle accidents on District trails, the Board adopted a 15 MPH speed limit. The only objective way to measure speed is by radar. The cost of our radar equipment was $4,500. There is an annual cost of$150 to maintain the equipment. The District's trail maintenance budget for this fiscal year is $43,000. This amount does not include staff time or the purchase and maintenance of tractors and other equipment. Not all of the District's trails are multiple-use. We support multiple-use trails wherever they are appropriate. A copy of the District's Trail Use Guidelines is enclosed. These guidelines are the result of several years of public meetings addressing trail use issues. The District wants to accommodate a variety of trail users and believes that sharing the trails can be successful. The District bail for exceeding the speed limit is $50; the court adds an $85 penalty assessment for a total fine of$135. Currently, the total fine for a helmet violation is $76, which includes a District bail of$25 and a court-added penalty assessment of$51. The District has recommended to the court that the total fine be reduced to $49. The fine for being in an open space preserve after hours is the same as the fine for violating the speed limit. Sincerely, Pete Siemens, Presidenf Board of Directors CRB/PS/kh Enclosure 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,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager L.Craig Britton Regionai Open Spa ------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-123 Meeting 95-22 October 11, 1995 AGENDA ITEM Proposed Addition of Reece Property to Kennedy Limekiln Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing purchase of the Reece property. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Reece property as an addition to the Kennedy Limekiln 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 man) i The property being considered for acquisition is located near Mt. Thayer east of Lexington Reservoir. It is in close proximity to Soda Springs Road, situated on a prominent ridge between Soda Springs Canyon and Hooker Gulch. The property is surrounded by portions of the Sierra Azul Open Space Preserve; Kennedy Limekiln Area to the north, Cathedral Oaks Area to the west, and Mt. Umunhum Area to the south and east. The 41.41-acre property is bounded on all sides by private property and is accessible on an unsurfaced driveway connecting from Soda Springs Road. The topography is generally steep, and the north-facing slopes drain into Soda Springs Canyon. Dense stands of scrub oak are characteristic of the area and give way to mixed forest nestled in shallow ravines. A major drainage originates within the site, descending steeply northward into Soda Springs Canyon. Improvements to the property consist of an unsurfaced driveway and two overgrown service roads. Access to the site is on the driveway across a 500 foot easement, extending from Soda Springs Road to the southwest corner of the property. The easement passes through an adjacent private parcel and would provide access for development or for District patrol and maintenance. The easement also includes rights to a spring and water tank that lie south of the driveway. The driveway terminates near the southwest boundary of the property where it is now overgrown, but at one time, continued to the northeast boundary and an adjacent 330 LDistel Circle - Los Altos, CA 94022-1404 - Phone:41 7-691-1 200 - FAX:415-691-0485 * E-mail: rnrosd netcom.com Board of Oirectors:Pete Siemens,Mary C. Davey,Teena tienshaw,David F.Smernott, Nanette i ianko,Betsy Crowder,Wim de Wit General Maiwger Craig Britton (z: K» � � A> . . . \ . � > . ,� .. /y� ^ .^��y% \ < � y � � � �} , . \� � � R-95-123 Page 2 private parcel. A second abandoned and overgrown road crosses the property further to the north. The property and surrounding area encompasses the headwaters of Soda Springs Canyon and provides valuable viewshed and wildlife habitat. The property is viewed from the San Francisco Bay Area Ridge Trail, which climbs from Priest Rock up to Mt. El Sombroso. In the future, there is the potential for providing a trail through the property that would connect to the Bay Area Ridge Trail. USE AND MANAGEMENT PLAN Plannine Considerations The property is located within an unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 acre to 160 acre minimum lot size, dependent on the average steepness of the property. Santa Clara County's Draft Trails Master Plan identifies the San Francisco Bay Area Ridge Trail corridor in this vicinity, connecting Lexington Reservoir Recreation Area to Mt. Madonna County Park. The parcels are rated in the District's Open Space Master Plan as having moderate composite open space values and are important in terms of potential outdoor recreation, wildlife habitat, and scenic backdrop. The easement that passes through the property and serves the adjacent private parcel to the east could be improved if the adjacent parcel were to be developed. The terrain is extremely steep and vegetation dense, making such an improvement difficult under current County zoning and building requirements. Staff will need to closely monitor planning activities on the adjacent parcel to ensure the open space values of the surrounding area are not impacted by any future development. Preliminary Use and Management Plan Recommendation Public Access: Designated Conservation Management Unit; public use will not be encouraged until public 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 Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Roads: Participate with adjacent property owner to the west in maintaining the driveway to meet vehicular patrol standards. R-95-123 Page 3 Signs: Install private property and preserve boundary signs where appropriate. Public Safety Review: Property has been inspected, and there are no known hazards. CEOA DcJcm1ipafim 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. 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 $110,000 ($2,650 per acre) to be paid in cash at the close of escrow. The purchase price of$110,000 is based upon the fact that the property is a separate legal building site with legal access to Soda Springs Road. The price is consistent with other real estate transactions in this area. BUDGET CONSIDERATIONS 1995/1996 Budget for Land Acquisition Previous land (Hocking) $6,260,000 New land 7,987, $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 R-95-123 Page 4 Anthony Property $95.000 $13,591,015 Amount Remaining $ 655,985 Reece Property Acquisition Proposed on this Agenda *$ 110,000 Acquisition Budget Remaining $ 545,985 *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. Between the Anthony property purchase at $95,000 approved on September 27, 1995 and the Reece property purchase at $110,000, all but $45,000 of this amount is expended. Prepared by: Del Woods, Senior Open Space Planner Contact person: L. Craig Britton, General Manager � °°�,�=� • �„ � '� tip` "4 ,� � ,.� y _ In zMkli ' Awl,., ,9"f: • �P�� I�°"°.«...'..f"A+j,r���. ��a'-y ,sh�k rk �3. C,doR'�° ,� ���,�-;,�•^'°`."°` •�s"�.�.�,,i�.�on�`:���attleo�'"�' � ��; �� ,f: `,�i'o., � ;�.tee- Q �. �`��;:: '�a ft� � "' •AFL 'y a• • •f Y • • 1 [ ,.,..• �,. „�� say,,,,-.,om,.'.xt;'Z ��rE p. .,.�"'lit ( ..•�,�:�"� � � �"'� � � - . to]W• r • RESOLUTION 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 REECE) 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 Purchase Agreement between Hugh W. Reece, Jr. 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$110,000 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 the costs of this land acquisition project which pay � �� � P J 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. i F PURCHASE AGREEMENT This Agreement is made and entered into by and between HUGH W. REECE, JR. , a married man, 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 . " WITNESSETH 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, Seller entered into that certain "Exclusive Authorization and Right to Sell" agreement with Joe Beatty Real Estate on June 7, 1995, thereby offering said real property for sale to the general public; 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 desires to purchase said property for open space preservation and as part of the ecological 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. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED 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 forty one and forty one one hundredths (41 . 41) acres, more or less, and commonly referred to as Santa Clara County Assessors Parcel Number 561-10-001 . Said property being further described in the Legal Description attached to Preliminary Title Report number 7460991 dated June 16, 1995 from Nations Title Insurance 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 Purchase Agreement - Reece Page 2 appurtenances hereinafter called the "Subject Property" or the "Property . " 2 . Purchase Price . The total purchase price ("Purchase Price") for the Property shall be One Hundred Ten Thousand and No/100 Dollars ($110, 000 . 00) , payable in cash at the Closing (as further defined herein. ) 3 . Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at Nations Title Insurance Company, 431 N . Santa Cruz Avenue, Los Gatos, CA 95030, phone number (408) 399-7733, 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 13, 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 an executed and recordable Grant Deed covering the Property. (d) I District shall deposit into the escrow, on or before the Closing: I (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. Purchase Agreement - Reece Page 3 (ii) District ' s check payable to Escrow Holder in the amount of One Hundred Ten Thousand and No/100 Dollars ($110, 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 handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California . (f) Seller shall cause Nations Title Insurance Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount of ($110, 000 -00) for the Property showing title to the Property vested in fee simple in District, subject only to: M current real property taxes; and (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 and unfettered 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 the title insurance if 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 . Riahts and Liabilities of the Parties in the Event of Termination . In the event this Agreement is terminated and escrow is cancelled 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 Purchase Agreement - Reece Page 4 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 warrants 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 et sea. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . 6 . aeller' s Re-presentations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 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 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 Purchase Agreement - Reece Page 5 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 express 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) Revresentations an_d Warranties . Seller hereby represents and warrants to District that : (i) To the best of Seller ' s knowledge, the Property does not contain any Hazardous Waste or underground storage tanks; (ii) To the best of Seller ' s knowledge, 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, Purchase Agreement - Reece Page 6 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 . (c) Indemnity. If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action, if necessary, to recover cleanup costs from whomever is determined to have been responsible for placing the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs of any nature other than those incurred in the cleanup of any hazardous substances of which Seller had knowledge or Seller actually placed on the property. Purchase Agreement - Reece Page 7 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 . 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 Purchase Agreement - Reece Page 8 the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance 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, telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows : Seller: Hugh W. Reece, Jr. , a married man c/o Joe Beatty Real Estate- (Gary Beck) 7172 Anjou Creek Circle San Jose, CA 95120 (4 08) 2 68-4 0 62 FAX: (408) 927-0225 District : Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: L. Craig Britton, General Manager (415) 691-1200 (VOICE) (415) 691-0485 (FAX) Copy To: Susan Schectman District Counsel If sent by facsimiletransmission, telegraph, cable, or telecopy, a confirmed copy of such notice shall 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 Purchase Agreement Reece Page 9 certification receipt or at the expiration of the third Ord) business day after the date of mailing, whichever is earlier in time . Any party may change its address for such communications by giving notice thereof to the other parties in conformity with this Section . Nothing contained in this Section or otherwise in this Agreement shall excuse any party from giving oral telephonic notice when prompt notification is appropriate, but any oral telephonic notice which is so given shall not satisfy the requirement of written notice as specified in this Section . The foregoing provisions regarding the giving of notice by any party shall be applicable to all notices given hereunder or under any of the Exhibits hereto. 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 Aareement . 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. Purchase Agreement - Reece Page 10 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 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. Purchase Agreement - Reece Page 11 11 . Acceptance . Provided that this Agreement is signed by Seller and returned to District on or before July 21, 1995 District shall have until midnight September 13, 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. As consideration for the tender of said offer, District has paid and seller acknowledges the receipt of the sum of Ten Dollars ($10 . 00) . 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 . Purchase Agreement - Reece Page 12 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 SELLER DISTRICT APPROVED AS TO FORM: Hugh . Reece, Jr. Susan Schectman, District Counsel Date : 7-ov 75 N D FOR APPROVAL: L. Craig Britton, General Manager i� APPROVED AND ACCEPTED : President, Board of Directors ATTEST: Jean Fiddes, District Clerk Date: Purchase Agreement - Reece Page 13 CONSENT OF SPOUSE I certify that : 1) I am the spouse of Hugh W. Reece Jr. who is described as the P g � Seller in the foregoing Agreement to Purchase Real Property. 2) I hereby confirm that the real property which is the subject of the Agreement to Purchase Real Property is my husband's separate property. 3) I have read the terms and provisions of the Agreement to Purchase Real Property and consent and approve of the same . i Executed on , 1995, at San Mateo, California. Catherine M. J. Reece NATIONS TITLE INSURANCE COMPANY BRANCH: NORTHERN CALIFORNIA Los Gatos CONSOLIDATED TITLE DEPARTMENT 431 North Santa Cruz Avenue (438) 451-8000 Los Gatos, CA 95030 (408) 399-7733 Applicant: Property Address: Joe Beatty Real Estate Vacant Landen Road 7172 Anjou Creek Circle Los Gatos, CA San Jose, CA 95120 Attention: Gary Beck Escrow Officer:Kathy Rooney Our Title No. : 7460991-KR Your Ref. No. : Reece Title officer: Ken Fogarty PRELIMINARY REPORT Dated as of June 16, 1995 at 7:30 A.M. Buyer: In response to above referenced application for a policy of title insurance, NATIONS TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the daze hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein 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 below 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. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE 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 COMMITTMENT SHOULD BE REQUESTED. The form or policy of title insurance contemplated by this report is ALTA or CLTA: The Estate or Interest in the land hereinafter described or referred to covered by this report is: A FEE. Title to said estate or interest at the date hereof is vested in: HUGH W. PREECE, JR, a single man The land referred to in this report is situated in the State of California, County of Santa Clara, and is described as follows: See attached legal description. A logo Page of ........... Our No. : 7460991-KR EXHIBIT "A" I The land referred to herein is situated in the Unincorporated Area, County of Santa Clara, State of California, and is described as follows : Lot 13 , Section 1, Township 9 South; Range 1 West M.D.B . & M. i EXHIBIT Pageof Our No. : 7460991-KR PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A 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. SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows : 1 . Taxes for the fiscal year 1995/1996, a lien, but not yet due or payable . 2 . The lien of supplemental taxes, if any, assessed pursuant to the provisions of Section 75, et seq, of the Revenue and Taxation Code of the State of California . 3 . The lack of a legal right of access recorded in insurable form to and from said land to a public street . The affirmative coverage set forth in paragraph 3 or 4 of the insuring provisions is not provided under this policy, notwithstanding the statement therein to the contrary. 4 . The rights of the public in over and to any and all roads paths and trails which may traverse said land. S . An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Instrument : Corporation Grant Deed Granted To: Frances Chapman Elrod and Francis Richard Elrod For Ingress and egress Recorded October 5, 1942 , Book 1111, Page 343 , Official Records Affects The exact location is not described of record EXHIBIT paqe.� 0 S Order No. : 7460991-KR Exceptions Continued: I 6 . Agreement for: Easements, Road, and Boundaries Executed By And Between Delbert A. Vanderpan and Karen L. Vanderpan; and Hugh W. Reece, Jr. , and Catherine M. J. Reece On the terms, covenants and conditions contained therein, Dated December 1, 1977 Recorded November 2 , 1978 , Book E072 , Page 459 , as Instrument No. 78-6190881, Official Records Returned to Address : D. A. Vanderpan 1430 Glenmoor Way San Jose, CA 95129 FC jw Plats enclosed. NOTES: 1 . NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of two years prior to the date hereof except as follows : NONE 2 . Short term rate does not apply. 3 . Taxes for the fiscal year 1994/1995, as follows : Assessor' s Parcel No. 562-10-001, Code Area 80 008 First Installment $306 . 98 Paid Second Installment $306 . 98 Paid Exemption $0 . 00 4 . County Recorder will charge an additional $10 . 00 "Monument User Fee" to record a Grant Deed using the legal description in this report . EXHIBIT_ Page w 562 10 , 4 Sul• 1- l O 4TI q -OSS. rl.�i. r r r Isslll0 0 r T , 1 r 16 RIK ce S r lk (ia1,%M ) ;{3 f r 1 �(4^!4K) e ) 16 2C ',2i.oSAe X tit Is - _ •--^- - _-� - lMk A-, TOTAL 4 V41:\ I iP.Pl4 Ie ---^IL„' '1 !. t --•-,-- --- - --- \ C .!. M AC TCTAL (i2.3)04.I ITF.SG AC TOq;, MIDPENIN SULA I r i REGIONAL e; c 15 t86aea rlr.4`G) if , - -------- =- -- -- I;4479;.. (40SIG;i 6 140 S6A:) 441 A!G„ --- --- 14 I /14 i / 214 II 1�L TOTAL ' j' "6 MIDPENINSULA REGIONAL '.• ; OPEN i SPACE DISTRICT It 23 F: TOTAL (tC.5A OPEN SPACE DIST. •;ct; G:a:: S li E •(4a.UF:) I? •\ 81 4 J 4 '(IO.SIG;) b K4a.SGA:� 12 �' 13 ItT,ri A: TOTGL _? r•isb ss TxYs PLAT IS FOR YOUR AID!N 1, caW'+uo�cc&+oM'A�clwl4uc�/ REFERENCE TO STREW' AND LOCATING LAND WT[2i °' '`"` ` , ' °D` CELS. rr Is NOT A SURVEY. VIII'II.E'13IIS P IS i�CLHER rIFVED TO DE CORRECT,11-JE COMPANY ASSI.TME.4 N RCASON OF ANY RE�.t,� CU THr;RF.(), �.1AAJ�,ITY BY AMERICAN 4D 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 orgovernmental 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 o: 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: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (b) 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: (I) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a 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 orassessments,or notices of such proceedings,whetherornot shown bythe records of such agency or by the public records. 2. Anyfacts,rights,interests orclaims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiryof 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. 6. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter famished,imposed by law and not shown by the public records. LIST OF PREPRINTED 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,attomeys'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;(it)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) 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 orfor 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 the 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: 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,whetheror 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 riot 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. 6. Any lien,or right to a lien,for services,labor,or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 558 (Continued on reverse side.) v2 Regionai Open Sp R-95-124 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-22 October 11, 1995 AGENDA ITEM Tentative Use and Management Plan Amendments to Dog Access at Fremont Older, Long Ridge, Coal Creek, and Thornewood Open Space Preserves GENERAL MANAGER'S RECOMMENDATIONS 1. Tentatively adopt Use and Management Plan amendments for dog access at four preserves: A. Fremont Older Open Space Preserve - open all remaining trails to dogs on leash. B. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria. , C. Coal Creek Open Space Preserve - open all trails to dogs on leash. D. Thornewood Open Space Preserve - open all trails to dogs on leash. 2. Determine that the project is categorically exempt from CEQA, based on the findings in this report. DISCUSSION The Board originally formed the Dog Use Committee in 1983 to consider dog access to preserves. The Committee held several public workshops, resulting in a decision to allow leashed dogs in portions of three preserves. By 1987, dog access had been expanded to six preserves. The Board reactivated the Dog Use Committee in 1993 to review the dog access program. A public workshop held in September 1993 was dominated by people supportive of more access. In December 1993, a second workshop was held at which the Committee directed staff to prepare a process and schedule to study the issue. A volunteer task force was formed to help research the issue and to review the findings. Staff presented the results of the research at a third public meeting of the Dog Use Committee in October 1994. Staff s Dog Access Program Evaluation Repsrt was based primarily on extensive research into the policies and experience of other agencies. It proposed criteria and alternatives for expanding dog access to the preserves. The Committee then directed staff to respond to specific questions about the suitability of individual preserves for increased access and the potential impacts of such use. Staffs findings, including criteria and a matrix evaluating the relative suitability of all preserves for increased dog access, are contained in the Preserve Suitability for Dog Access Summary RgpM. I Circle - Los Altos, CA 940 2 1404 - Phone:41 6 3 I 1 00 * F _.,i..., 3 30 C)istc� � � �- ' �- ` '- ' FAX:415-691-04H5 � E-mail: mrosci a netcum.curTt t3oard of I hrv(tors Pete Siernens,Mary C.Davey,Teena I ienshaw,David T.Smernott,Nonette Hanko, Betsy Crowder,Wim deg Wit General iklm ger:L.Craig Britton i �� R-95-124 Page 2 The Dog Use Committee held its fourth public workshop on May 23, 1995. After hearing staff s research and evaluation on specific preserves and access issues, and further public testimony, the committee formulated recommendations to be considered by the full Board. At your regular meeting of June 28, 1995, you tentatively adopted, with some recommended amendments, the criteria developed by staff for use in evaluating preserve suitability for dog access (see report R-95-86), and directed staff to return with a schedule for consideration of preserve- specific use changes, along with four general policy issues. At your regular meeting of July 26, 1995, you accepted a schedule for agendizing tentative and final Use and Management Plan amendments for six open space preserves where changes to dog access are currently being considered, and to further consider general policy and criteria issues (see report R-95-102). General policy issues regarding dog access were considered by the Board's Use and Management Committee on September 6, 1995, and by the full Board at your regular meeting on September 27, 1995 (see report R-95-117). At the September 27 meeting, the final site evaluation criteria for dog access were adopted (see report R-95-116). Also at the September 27 meeting, you directed the Use and Management Committee to reexamine the potential for dog access at Windy Hill Open Space Preserve. This meeting is anticipated to be scheduled during October. The issue would return to the Board on October 25 or November 8. Th issue to be considered on October 11 is modification of dog access at four preserves to provide more overall access to people with dogs and to bring the accessible areas more into alignment with the access criteria: Fremont Older Open Space Preserve - open all remaining trails to dogs on leash. Consistent policy within the preserve will facilitate enforcement. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria. Currently available trail is short; preserve does not meet access criteria. Consistent policy within the preserve will facilitate enforcement. Coal Creek Open Space Preserve - open all trails to dogs on leash. Will provide additional dog access in the Skyline area and complement existing access along upper Alpine Road. Thornewood Open Space Preserve - open all trails to dogs on leash. A relatively close-in, little used, and less sensitive site. Maps are attached showing each of these preserves and highlighting the trails which are currently open to dogs. Persons on the dog access mailing list, and adjacent property owners, neighbors, and local agencies have been notified of this meeting in accordance with adopted notification policies. Final adoption of use changes at these preserves is expected to be scheduled for the November 8 meeting. Final adoption will include determination of timing for full implementation of these changes, including modification of maps and signs. R-95-124 Page 3 CEQA COMPLIANCE Project Description The project consists of amendments to dog access at four open space preserves, as follows: A. Fremont Older Open Space Preserve, Cupertino - open all remaining trails to dogs on leash. Approximately half of the total nine miles of trails are currently open to dogs. B. Long Ridge Open Space Preserve, San Mateo County west of Skyline Boulevard - close to dogs as incompatible with access criteria. Approximately .5 mile of trail is currently open to leashed dogs. C. Coal Creek Open Space Preserve, San Mateo County east of Skyline Boulevard - open all trails to dogs on leash. Alpine Road, a 1.5 mile-long unpaved county road which is closed to vehicles, already provides access for leashed dogs through the preserve. Additional trails connecting from Alpine Road to Skyline Boulevard totalling 3.2 miles would be opened to leashed dogs. D. Thornewood. Open Space Preserve, Woodside - open all trails to dogs on leash. Dogs would be allowed on the one existing trail, which is .7 mile long. 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 Section 15061(b)(3) and Section 15301 of the CEQA guidelines. Section 15301 covers the operation of existing public facilities involving negligible expansion of use beyond that previously existing. Section 15061(b)(3) provides that a project is exempt from CEQA when it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Prepared by: Randy Anderson, Senior Planner Contact person: Same as above FIELD OFFICE MONTHLY CHECKLIST Please check off and submit the following, with this checklist, to Kathleen by the loth of each month. Citations from previous month (pink copy) Del reviews, they get entered into trail use database, then Kat files. Warning notices from previous month (pink copy) Del reviews, they get entered into trail use database, then Kat files. Copy of each incident report involving an injury or accident (exclude sudden illness) Kat routes to John and Del, they return for filing Incident Report Summary Del reviews, uses as crosscheck with other info 1 for field volunteers Vo unteer hours o eld (Preserve Partners working individually, and groups, i.e. Hillcrest & Morgan Center) Kat enters in volunteer database and QPro sheets & give to Marie/Bunny/Suzann Volunteer log (call-in log from volunteer trail patrol) Kat gives to Suzann. Can be used as crosscheck for VTP patrol logs. Monthly Activity Report Kat gives to John, he returns for filing Copy of all mutual aid reports Kat gives to John, he returns for filing Enforcement Activity Summary (counts & summary of top 6 to 10 incidents) Kat gives to John for processing Completed by COAL CREW OPEN SPACE PRESE E and RUSSIAN RIDGE OPEN SPACE PR ERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOOTHILLS PARK N City of Palo Alto pen.to Palo Af,(_ tesi is Only) 0.1 IR907) . tarn/ ON ...~400 0.2 MLMclvillc I {�i 1e00 $ , �1600 \•8 2xa1� COAL CREEK ( l..!"� l � r� 1 • Alpine Road ma is OPEN SPACE managged and intained \\PRESERVE0. 2000 cc0s` bySanMateoCounty .4 0.3 o.z / (RR06) \' ,1000 \ , ICCO21 2700 0.2 J_ I1140s1 0.5 `\}1 0.5 ifrail 24 .,` 2000 JJ (*Rol) 0.4(Cc., C )� 0.7 tr os S ��co-, 0.8 10.3 0.5 % \may 2200 IJ�+ta)MVNTE V `0.3 111 (MLLO wst E S \ Sorel PEN Hill 03 SPACE - ~�� �, ` iccoll PRESERVE RUSSIAN RIDrG. f e `o.s Rid OP N4ACE •�� 2400 s ran .5 0� P ESERVE aAb o.5 ) 0.3 0.2 0.2 ! .. . 22'000 �"\nfp 0.3 f NPine Road 2.00 r 2000 �J 0.2 0.1 ©. 1.0 ItR021 i���',i(Sx051 1.0 �" /� tf L 0.1•• 0.1 'lJ SKYLI E RIDS, Alpine giyer'' �- OPEN C SP C Pond 0 PREP ERV I (RR07) 120o Alpine Creek 1.00 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile Trail Use Map Legend H iking Only r+ 40 ® ® O E , Hiking,Equestrian Cale Its) Trail Distance in Miles Roadside Parking Parking Lot Restrooms Residence Other Public Lands Hiking Bicycling, ® ® O • Equestrian Note: -- Note: Creek Driveway-Authorized Whole Access Tail Ranger Facility Nature Center Point of Interest No Public Entry Dogs are not allowed Vehicles Only hMne a lerM 1ud1 on thew preserves 4/17/gt FREMONT O DER OPEN SPAC PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT j{ Map Legend 600 !r Visitor Center N. NOTE. Residence Bicycle riders must wear ro approved helmets in both j."I,6 x Fremont Older O.S.P.and fl ktt, Stevens Creek County Park v � '/ f n Restrooms s. Cz � - \ Roadside Parking ti r ! 4 Vehicle Parking Lot O ••�� i 600- SevenSpringsu: Loop Trail Point of Interest • 1 V • ( � .4 ad i ! i •.tail • •\ r\ 800 \\` _ 1.5 ct/� 800 I \ - ( z Trail Use 1.0 � • ,¢ a� / l o <`• � I Jj.-..._:r'" ate® v•• Sic ✓ r ° ` '" Distance in Miles N •,_ _ (\J �o IN Hunter's Point Trail /Hay Field`i /80 u `•,,. (` °• Trail } ro � �, Hiking,Running, t1 1 :'i CCC�///���--- / r V 3�.�/ � Bicycling,Equestrian Maisie's ji/l 4� 2 Bicycling,Hiking C Peak i O�/ _ ' ••' Running x 11 r� ' to ��i+:3 �• � f / .3 ( .3 O j �r '•i /ook p • - I I 1x'F3 tcJ Hiking,Running l •i.Y'•�� Bay View 1 T Trail / 800 j , / Toyon Vehicle rivewa Trail 800 Driveway 1200 ro \. \_Cx Vista Loop`—^ Nob,. } } 1000 ~� ' Trail 1000 Hill' Dogs on Leash Permitted Here s / (; 800' a Stevens Creek ; -, '' No Public Entry Count P I i k c, Dogs onr Park allowed in .01 certain areas. / Contact Count r`r Q Private or for information / �� �"f ": x Leased Lands / 5 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9` 1.0 One Mile 9/l/93 FREMONT OLDER OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Residents of Cupertino and Saratoga will find Fremont Gatos and from Skyline Boulevard to San Francisco Bay. Older Open Space Preserve of particular interest because of its proximity and richness in local history. Located on The District's purpose is to acquire and preserve the urban fringe and extending towards Mt. Eden Road to foothill and bayland open space outside the urbanized the south and Stevens Creek County Park to the west, the areas of the peninsula for the use and enjoyment of the 740-acre preserve offers a variety of experiences to hikers, public. bicyclists, and equestrians. Visitors are usually attracted to the open hayfields, Seven Springs Canyon, and Hunters REGULATIONS Point, a 900' hilltop offering sweeping views of the Santa Clara Valley. To the west are chaparral and oak covered ■ Preserve closes one half hour after sunset. ridges dropping steeply to Stevens Canyon. ■ Dogs on leashes are allowed only in designated areas. ■ Leave plants and animals undisturbed. The preserve is named for Fremont Older, a noted San ■ Pass others with care. Francisco newspaper editor who, together with his wife, ■ The following uses are NOT permitted: Cora, owned a portion of the preserve for 60 years. Their ■ Motor Vehicles house, once a gathering place for personalities of the day, ■ Camping has been leased to a private party and restored. It is listed ■ Fires on the National Register of Historic Places. The house is ■ Smoking open to the public only during scheduled group tours. ■ Firearms There are approximately 9 miles of trails connecting Abuses of the regulations should be brought to the Prospect Road to Regnart Road and Stevens Creek County attention of a District ranger, or call (415) 691-1200. Park. A popular hike is from the Prospect Road entrance up through the hayfield to Hunters Point and then around the Seven Springs loop trail. , Caution: rattlesnakes are native to these foothills and HOW TO GET THERE are especially active in warm weather. Poison oak grows on most preserves; learn to identify it in all The preserve's entrance is located at the end of Prospect seasons in order to avoid it. For your own safety, please Road, 1.5 miles west from its intersection with Stelling stay on the trails at all times. Please observe all posted Road. From Interstate 280, take Route 85 (Saratoga- parking and trail regulations. Fines can be expensive! Sunnyvale Road) south to its intersection with Prospect Road. Travel west on Prospect Road until you reach the preserve. Parking for approximately 10 cars is available here. Additional parking is located in Stevens Creek FOR FURTHER INFORMATION County Park adjacent to Stevens Canyon Road. The Visitor's Guide, a District publication available free THE OPEN SPACE DISTRICT of charge, describes all the open space preserves. Topographic maps of individual preserves are also The Midpeninsula Regional Open Space District is an available from the District. independent special district created in 1972 by the voters of northwestern Santa Clara County and joined in 1976 by Please call, write or visit us: Midpeninsula Regional southern San Mateo County. The District's boundaries Open Space District; 330 Distel Circle, Los Altos, CA encompass 16 cities and extend from San Carlos to Los 94022-1404; (415) 691-1200. Open Space M►)MNINSULA KEGIONAL U►'LN hFALL UIJ►K►t-I Long Ridge Open Space Preserve Saratoga Gap Open Space Preserve ----- ' 0.7 O,RIMY FLAT PAF3>1C{M. v ► :10.5 �►-: HIKING ONLY • MONTE 6)4,�.L0 O.S.P. RIDG.F_0,£.P. , �\� ram_ DETERS CREEK LOOP TRAIL PORTOLA HEIGHTS ROAD: '(CLOSED SEASONALLY TO CLOSED TO HIKING,BICYCLE A ! 0.4 EQUESTRIANS AND BICYCLES) 1 'AND EOUESTRIAN USE.PLEASE �� f4/ USE OFF-ROAD TRAILS. \U. •'�' 1 0.4�. SKYLINE COUNTY PARK �0.8 0 77`,ti; f tt ( LONG RIDGE 0.4P. \ 4' `'sru� . D,OULIURD GATE 5 "I } h •: w LONG 0. RIDGE' OAD i JIKOA W-WAT; , - �/ , - 1 ;, tPRIVATD � 'STEVENS P.O.S.T. , J SCHOOL R '1fVARD�RO�AD,� �\ v CHARCOAL ROAD 'q GATE � -- TRAFFIC.ONLY _-- -- - - - 1.6 WARD ROAD I 1 Cmu PARK; _ CALTRANS PARKING LOT NOTE: -= T CE -�.. - TRAIL DIS AN IN MILES MAR 1995 A HIGHWAY 35 � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle • Los Altos, California 9402 2-1 404 Phone:415-691-1200 • FAX:415.691-0485 Please note our ne" address and phone numbers. Long Ridge Legend This 1,217acre preserve is located on the western slopes of Skyline Boulevard and is known for its spectacular views of Big Basin State Park,Butano Ridge,and nearby Devils Canyon. Grasslands interspersed with oak-,madrone-, AUTO ENTRY Douglas fir-forests best characterize the area. There are six miles of trails on the preserve, including a trail in the southeastern corner of the site which connects with Upper Stevens Creek County Park trails and Saratoga Gap. A 7.3 mile loop trail is possible, using ® HIKING ENTRY trails on the Long Ridge and Monte Bello Open Space Preserves and Upper Stevens Creek County Park. The Pacific Coast is visible from the preserve's southern trails. A trail in the southwestern part of the preserve connects with trails in Portola State Park. Bicycles are not allowed in Portola State Park. ° BICYCLING ENTRY Dogs on leashes are allowed on some trails in the northern part of the preserve. Bicycles are allowed on some trails on Upper Stevens Creek County Park, but riders must wear helmets. Charcoal Road (on Upper Stevens Creek EQUESTRIAN ENTRY County Park) is open to uphill bicycle traffic only. There is parking for about 6 cars at the Upper Stevens Creek County Park - Grizzly Flat Parking Area adjacent to Skyline Boulevard,about 3 miles north of Saratoga Gap. Cross the road to enter the preserve. Parking is also available © PARKING at the 20car parking area at the intersection of Highway 9 and Skyline Boulevard. Hike two miles through the Saratoga Gap Open Space Preserve to reach the Long Ridge Open space Preserve. ROAD Saratoga Gap Saratoga Gap Open Space Preserve is located at the northern corner of the junction of State Highway 9 and Skyline Boulevard (Highway 35). The ��� TRAIL Preserve's 700 acres are largely wooded with Douglas fir forest, but there are grassy hills with scattered large oaks and madrones. Attractive lichen-covered boulders and sandstone rock outcrops add to the scenic value of this area. The Saratoga Gap intersection serves as a trailhead for trails leading to PATH Sanborn County Park, Castle Rock State Park, Big Basin State Park, Upper Stevens Creek Park, and Monte Bello Open Space Preserve. The 7.6 mile Saratoga Gap-Page Mill Road trail begins on this preserve at a hiking stile and X NO PUBLIC ACCESS split rail fence on the north side of Highway 9 at the intersection, or take the 9 mile loop through the Long Ridge Preserve. Two miles of trail are within the Saratoga Gap Preserve,first paralleling Skyline Boulevard,then joining Charcoal Road within Upper Stevens Creek County Park. Descend Charcoal Road to the CMU CONSERVATION MANAGEMENT northeast through Upper Stevens Creek Park and across Stevens Creek. UNIT: NO PUBLIC ACCESS Continue westerly on Canyon Trail to Page Mill Road, or if hiking the 9 mile loop, take the Grizzly Flat Trail to the Long Ridge Preserve. The trail winds through the Long Ridge Preserve,doubling back to Saratoga Gap through Upper Stevens Creek Park and Saratoga Gap Preserve. REFERENCE POI NT/ LANDMARK The Visitor's Guide, a District publication available free of charge,describes all the open space preserves. Topographic maps of individual preserves are also available from the District. Please call,write or visit us: Midpeninsula Regional DISTANCE Open Space District;330 Distel Circle;Los Altos, CA 94022; (415) 691-1200. REFERENCE MARKS \ �<� , AM F !G ,p I �, y SrtYIIgE RES-1ROOMS LONG cow" rF oa�l�u•en S•�cC [SFA•i FMRK , tI FilCCnf lTi R.wC�••F•v- _� ! a•Ewi r----'! n7as I "OPENS." -� POTABLE WATER OIEM GE - -E 'MgSEftE BEY _ TEVEk cc i 3 BACKPACK CAMPGROUND �0iPORTOLA n'1 . SLAT f �, —— •• �.•• - -- MIDPENINSULA REGIONAL OPEN SPI DISTRICT Thornewood Open Space Preserve 1 36 i F WUNDERLICH COUNTY PARK f y s t B Evj OPEN SPACE EASEMENT -• ' t if 1 NO PUBLIC ACCESS !t ,M 732 NA BM oil - �' PICNIC AREA: • A'� LEASE AREA ` USE BY PERMIT ON _ ♦ r J! We 0.2 ,Sing ell r / N7 (f Il ' W 8 . 44 e . • �s �' '� - � j't Jan 1994 f 1 .NOTE:r ' • ��: �_ " ; TRAIL DISTANCE ;��' 1 f' �s��•' .��' ` ���1 1� t IN MILES oR•" • f _ �..- _ � i 7j . v1� l MIDPENINSULA REGIONAL OPEN SPACE DIS f 330 Distel Circle • Los Altos, California 94022.1404 Phone:415-691-1200 • FAX:415-691-0485 Please note our new address and phone numbers. Thornewood Legend Thomewood Open Space Preserve is a 142acre former estate which was given to the Sierra Club Foundation in Edna Thome's will. The property was later given to the District The Thomewood house,surrounded by 3.5 acres of © AUTO ENTRY landscaping and a breathtaking view of the valley,is an example of the gracious estate life of the 1920s. The house and grounds are being restored by a private party, however, once each year tours of the house are offered by District HIKING ENTRY docents. The tours usually occur during the fall. Call the District office at(415) 691-1200 for more information. Access to the preserve is through a brick gate on the south side of La Honda Road (Highway M), 1.6 miles above its intersection with Portola Road in BICYCLING ENTRY Woodside. A narrow driveway winds through the woods for 0.3 miles before reaching the parking IoL The parking area holds 12 vehicles and is located on the west side of the driveway. A 3/4 mile trail (one-way)begins at the parking ® EQUESTRIAN ENTRY area and terminates at Schilling Lake. The Visitor's Guide,a District publication available free of charge,describes all the open space reserves. Topographic ma s of individual reserves are also • � � pp p ® PARKING available from the DistricL Please call,write or visit us: Midpeninsula Regional Open Space District;330 Distel Circle;Los Altos,CA 94022; (415)691-1200. ROAD TRAIL • PATH X NO PUBLIC ACCESS 4 �°"°`� p Woodside ' •'� �' .3 CMU CONSERVATION MANAGEMENT N s UNIT: NO PUBLIC ACCESS .3 ro•; D.., ,,.,•< l.s ` ^—.74 ` REFERENCE POI NT/ •,^ • L' {, WUMDEIIULM 62 rw,e•.i rf<D"�w•`OAME LANDMARK r. 5.3 �'• W`e+ wove + �<•..�u• ,� c \. " _- Ladera• 1' 32 E �',� - DISTANCE Y � SkrrLondao• g 'Q�\ 'I REFERENCE MARKS Portola `" valley RESTROOMS Fool i POTABLE WATER _ c Trancos Woods 1 asa �I —D,-1 O1EM SPACE PRE RYE pt 7.1 1 S z .! 41A BACKPACK CAMPGROUND `� / � �--" � r_. �`t,.� mod'_ ` •, � 1 - OVC0M1. it� `�F.. •� �O :I RANGER RESIDENCE _ i Regional Open Spu,e 1 R-95-124 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-22 October 11, 1995 AGENDA ITEM Tentative Use and Management Plan Amendments to Dog Access at Fremont Older, Long Ridge, Coal Creek, and Thornewood Open Space Preserves GENERAL MANAGER'S RECOMMENDATIONS 1. Tentatively adopt Use and Management Plan amendments for dog access at four preserves: A. Fremont Older Open Space Preserve - open all remaining trails to dogs on leash. B. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria. , C. Coal Creek Open Space Preserve - open all trails to dogs on leash. D. Thornewood Open Space Preserve - open all trails to dogs on leash. 2. Determine that the project is categorically exempt from CEQA, based on the findings in this report. DISCUSSION The Board originally formed the Dog Use Committee in 1983 to consider dog access to preserves. The Committee held several public workshops, resulting in a decision to allow leashed dogs in portions of three preserves. By 1987, dog access had been expanded to six preserves. The Board reactivated the Dog Use Committee in 1993 to review the dog access program. A public workshop held in September 1993 was dominated by people supportive of more access. In . December 1993, a second workshop was held at which the Committee directed staff to prepare a process and schedule to study the issue. A volunteer task force was formed to help research the issue and to review the findings. Staff presented the results of the research at a third public meeting of the Dog Use Committee in October 1994. Staff's Doe Access Program Evaluation Report was based primarily on extensive research into the policies and experience of other agencies. It proposed criteria and alternatives for expanding dog access to the preserves. The Committee then directed staff to respond to specific questions about the suitability of individual preserves for increased access and the potential impacts of such use. Staff's findings, including criteria and a matrix evaluating the relative suitability of all preserves for increased dog access, are contained in the Preserve Suitability for Dog Access Summary Reps. 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 i R-95-124 Page 2 The Dog Use Committee held its fourth public workshop on May 23, 1995. After hearing staffs research and evaluation on specific preserves and access issues, and further public testimony, the committee formulated recommendations to be considered by the full Board. At your regular meeting of June 28, 1995, you tentatively adopted, with some recommended amendments, the criteria developed by staff for use in evaluating preserve suitability for dog access (see report R-95-86), and directed staff to return with a schedule for consideration of preserve- specific use changes, along with four general policy issues. At your regular meeting of July 26, 1995, you accepted a schedule for agendizing tentative and final Use and Management Plan amendments for sic open space preserves where changes to dog access are currently being considered, and to further consider general policy and criteria issues (see report R-95-102). General policy issues regarding dog access were considered by the Board's Use and Management Committee on September 6, 1995, and by the full Board at your regular meeting on September 27, 1995 (see report R-95-117). At the September 27 meeting, the final site evaluation criteria for dog access were adopted (see report R-95-116). Also at the September 27 meeting, you directed the Use and Management Committee to reexamine the potential for dog access at Windy Hill Open Space Preserve. This meeting is anticipated to be scheduled during October. The issue would return to the Board on October 25 or November 8. The issue to be considered on October 11 is modification of dog access at four preserves to provide more overall access to people with dogs and to bring the accessible areas more into alignment with the access criteria: Fremont Older Open Space Preserve - open all remaining trails to dogs on leash. Consistent policy within the preserve will facilitate enforcement. Long Ridge Open Space Preserve - close to dogs as incompatible with criteria. Currently available trail is short; preserve does not meet access criteria. Consistent policy within the preserve will facilitate enforcement. Coal Creek Open Space Preserve - open all trails to dogs on leash. Will provide additional dog access in the Skyline area and complement existing access along upper Alpine Road. Thornewood Open Space Preserve - open all trails to dogs on leash. A relatively close-in, little used, and less sensitive site. Maps are attached showing each of these preserves and highlighting the trails which are currently open to dogs. i Persons on the dog access mailing list, and adjacent property owners, neighbors, and local agencies have been notified of this meeting in accordance with adopted notification policies. Final adoption of use changes at these preserves is expected to be scheduled for the November 8 meeting. Final adoption will include determination of timing for full implementation of these changes, including modification of maps and signs. R-95-124 Page 3 I CEQA COMP LANCE Project Description The project consists of amendments to dog access at four open space preserves, as follows: A. Fremont Older Open Space Preserve, Cupertino - open all remaining trails to dogs on leash. Approximately half of the total nine miles of trails are currently open to dogs. B. Long Ridge Open Space Preserve, San Mateo County west of Skyline Boulevard - close to dogs as incompatible with access criteria. Approximately .5 mile of trail is currently open to leashed dogs. C. Coal Creek Open Space Preserve, San Mateo County east of Skyline Boulevard - open all trails to dogs on leash. Alpine Road, a 1.5 mile-long unpaved county road which is closed to vehicles, already provides access for leashed dogs through the preserve. Additional trails connecting from Alpine Road to Skyline Boulevard totalling 3.2 miles would be opened to leashed dogs. D. Thornewood Open Space Preserve, Woodside - open all trails to dogs on leash. Dogs would be allowed on the one existing trail, which is .7 mile long. 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 Section 15061(b)(3) and Section 15301 of the CEQA guidelines. Section 15301 covers the operation of existing public facilities involving negligible expansion of use beyond that previously existing. Section 15061(b)(3) provides that a project is exempt from CEQA when it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Prepared by: Randy Anderson, Senior Planner Contact person: Same as above COAL CRE. . OPEN SPACE PRESET E and RUSSIAN RIDGE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOOTHILLS PARK N City of Palo Alto I(pen`w Palo Alt(_ r esi is Only) U.1 IRRU7) earn/ I000 11011 (\ U.2�.. Mt.Melville I `� 1800 2 / __ �Ilaw �\ / \ � V J 4 n 1 COAL CREEK At pine Road is OPEN SPACE managed and maintained \PRESERVE R��`'vo^r� erns �`" �� `� by San Mateo County \ 4• •1Q• -i-x000 _Qe 0.7 ` C;�LD.4 .0.3 1•-� 1 `0.2 ID00 � I Rtlos, \ t 2100\ /1e00 \r \ - (Cc02) (^ 2m oa/ Y 16ao (RROs) 0.5 ` I D`6 P� I`1 e!\ I O.S xloo `2aoo JJ Ia ROU 0.4.E OS f �,♦ 0.7 tail S ��♦lPls\ 0.8 l ae SPs od �.Bo`/P ♦ 1 (\/' ( 0.3 os �a�o 7200 ` �'M0'4T os lh ` vwml ELLO Borel PEN Hill -2s72 0.3 SPACE -7�' tccon PRESERV RUSSIAN RIDGEr�� 0.3 Rid \ t OP�"OACE 14j e yr"i os $ ) os i Ira;/ J PRESERVE a�� os 1400 o.3 C/ \ 1,y cunt 1 x7oo M O%� 0.3 1�PIoe ROdd xlao) xaoo . Q 0.2 0.1 11100 1.0 tRRDxI = 1.0 ��_.� . 0.1 fa"rr o1•. 0.1 e / RID SK1LI E S Pon low I. � OPEN SPr�C Pond PR ERV 1600 alpine Creek 0.0 .1 .2 J .4 .S .6 .7 .8 .9 1.0 One Mile Trail Use Map Legend Hi4in�Only .. 1.0 Hiking,Equestrian Gate(SO Trail Distance in Miles Roadside Parking Parking Lot Restr�ooms Residence Other Public Lands t Hiking Bicycling Equestrian ® '.T O •Equestrian _..._ ___ Note. Creek Driveway-Authorized Whole Access Trail Ranger Facility Nature Center Point of Interest No Public Entry Dogs are not alkswed Whicles Only e.wYe«1er41ai on these preserves . 4/17MS FREMONT OLDER OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT r x.,s�E3a ..:1 rE s: �?Cy Map Legend 'kx ., iF E�,.`. ', r. a•S �' tt. '7�'� T „�xi'¢'£s7` .�F" ac s n W Yr;rr'< M9 ��EZ ,� .. ss � J '`" �:'r`:'t •k, i;. r t �' .� a D 3E 3'fk''y,��r �.. � x -c .3y I�.� 1 Z s: s• '��, t� `, ''_ J .� ��as�a `ISItOr Center '11 1.1�/`% `'��`a �� '�,:.,3''•�. O I NOTE: Residence ,� �?�;�,;`° �'�p� ?"'�, �1£r! • f .s '<��`� Bicycle riders must .6 t� t Fremont Older O.S.P.and i Stevens Creek County Parka" Restrooms 600 '' _ ;(✓'�"^ .t'1! ,' }mac f 'r�:ra;�'� ;,;Ybr Q» y" �.��,�:�C'��'� �`� • a Roadside Parking ec t Q .7 s� +4� li Vehicle Parking Lot Seven Springs ••�� pi+a/ 600 Loop Trail Point of Interest u 4 . J i 800 1.5 tiail 800 �; _ ( Trail Use o .2 1.0 Hunter's Point Trail Distance in Miles /Hay Field\� 80a 1 0• ^ ��\ ^Trail p } �`� Hiking,Running, 3 N �Ls'� / �/ Bicycling,Equestrian Z 3 Maisie _ O•I k N p •, . .2 n; a Bicycling,Hiking, _ Peak , .3 t� s%' ..�0—O r^ ?' '„,•�s' Running 5� h s �` ........ C t 1�—, �� •.took Hiking Running Bay View # c '. c Trail J 4t l J .4 s' / J� 800 600 .� t :1 .6 Toyon y Q ;" •� •� \ `r Trail ' , � Vehicle Driveway 800 �\ • •f�J .6 `l • • i _ 1200 �t ,��"�'.Nr.a?�.•�l•� / �I �� ids?�'�Sya'�'xa�`'& x ,y, r t zVista Loop—^ Nob;' ` •. Hill a tOpO ` ~�. ` Trail 1000 Do ` ,g gs on Leash Permitted Here 800 r M c H: Stevens Creek 11 as h r Ka a No Public Entry County Park I / Q�/ / a W Dogs on leash it// ' y� 1 sh ` a.; a allowed in �tf�/ �0 certain areas. O , t c�c a : fix i Contact County / �C� r� r \ z zx Private or for information. Leased Lands 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile 9/1/9 3 Long Ridge Open Space Preserve " Saratoga Gap Open Space Preserve Ta {- \0.7t►sMJ x FIAT PAWJWCi. r . HIKING ONLY `' --r'MONTI=e),41.0 O.S.P. • -PETERS CREEK LOOP TRAIL `'. HEIGHTS ROAD: (CLOSED SEASONALLY TOCLOSED TO HIKING.BICYCLE + 0.4EQUESTRIANS AND BICYCLE JPORTOLA AND EQUESTRIAN USE.PLEASE USE OFF-ROAD TRAILS. u� �• } v 1, f., . .. 0 4Ij *KYW COUNTY ly I � A-LONG RIDGE 0.4P., f .('• �`'� 1 ----- - GATE 05 TE0. I FiIDGf~' OADTEVRN 1 VRIVATD r i R '.K "(�"' 1N HQ 7 �� �y CHARCOAL ROAD j TRAFFIC,ONLY i t -cam+ (WARD RAND 1.6 Tr 00"_.,>I k* �---- - - 2.0 :CMU ;y �J PARK - : , CALTRANS PARKING LOT NOTE: -- TRAIL DISTANCE � -- - -- f`` }�f MAR'1995 " A A IN MILES NMPENINSULA REGIONAL OI_ SPACE DISTRICT Thornewood Open Space Preserve swo WUNDERLICH COUNTY PARK % ,! -�� Sear` BM IIe., 5S - } {+4 5 t o r i c at a OPEN SPACE EASEMENT ti, {i r~ `•. i NO PUBLIC ACCESS 'moo �{ _ �� r^ , ` t.� ' 1 • PICNIC AREA: _ .�� • "�\lrt LEASE AREA ":.> � � USE BY PERMIT ONLY ?l go o t �. elf �! ,• .�% 0.2 ng /y /tom nod 'ter Q i i'R S.J _ \,! � t lt' NB •Y y. t • �� \� :��4 'J���/ �� s i Jan 1994 <1f ,1 S \1\\ '. \t '1 , � .'"�r"'_ \ t����. . � s� . ••1 f. r�J.E � ! `.' _ -k NOTE: \ f ..`• �ll.�;♦ - - `� ✓. ,tiy rS TRAIL DISTANCE CIE! « •� • . ".R._ N`fit � - IN MILES Regional f Spi M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-95-125 Meeting 95-22 October 11, 1995 AGENDA ITEM Approval of General Manager's 1995-1996 Cost of Living Increase and Meritorious Pay Award and Amendment to General Manager Employment Agreement f AD HOC GENERAL MANAGER EVALUATION COMMITTEE RECOMMENDATION V 1. As a result of the Board's evaluation of the General Manager's performance for the period of March 10, 1994 through March 9, 1995, the ad hoc committee recommends a 2% cost of living increase (COLA), retroactive to March 9, 1995, a 4% meritorious pay award, and an increase in the General Manager's in lieu mileage allowance from $285 to $300. 2. Adopt the attached resolution amending the General Manager's Employment Agreement to reflect his new salary of $89,939.20 and to modify his monthly in lieu mileage allowance, retroactive to January 1, 1995, to be calculated at the rate of 1000 multiplied by the current IRS approved optional standard mileage rate. DISCUSSION The Board completed its annual evaluation of the General Manager's performance at its September 27, 1995 meeting. In light of this, your ad hoc General. Manager Evaluation Committee, composed of Directors Siemens, Henshaw, and Hanko, met with the General Manager on September 29 to review the General Manager's compensation. The General Manager's Employment Agreement states in part that "The Board shall consider a cost of living adjustment (COLA) for the General Manager on an annual basis....on or about the anniversary of the effective date of this Agreement. The Board shall consider the COLA separately from the meritorious pay opportunity and may grant Britton a greater or lesser amount, if any, than that granted to other District employees." District staff received a two point (2%) COLA effective April 1, 1995. The Committee recommends that the General Manager receive a 2% cost of living increase, retroactive to March 9, 1995, the anniversary date for his employment agreement. Based on the Board's review of the General Manager's performance during the evaluation period, the Committee recommends that a 4% meritorious pay award be granted the General Manager. This award is not a salary adjustment, but rather is granted as a one-time award in recognition for performance during his year of service from March 10, 1994 through March 9, 1995. The Board is pleased with the General Manager's overall performance during the past year. Significant accomplishments include closer scrutiny of the District's operating funds and the establishment of the 6% target guideline for operating expenses; improved 330 Distel Circle- Los Altos, CA 94022-1404 - Phone:415-691-1 200 # FAX:41 5-691-0485 . E-mail: mrosd@iietcorTi.com f7 Board of Lhrectors fete Siemens,May C-.Davev, teena Hen�haw,David 1.Smernoff, Nonette Hanko,Betsy Crowder,Wim de Wit Gener,d N1,ituger:L.Craig Britton R-95-125 Page two relations and interaction with District employees; openness and open communication with the members of the Board; and an enhanced community outreach program, including presentations to government entities and community groups throughout the District; and expansion of volunteer activities. As a result of this, the Committee is making this recommendation. The in lieu mileage allowance section in his Employment Agreement needs clarification and amendment. The Agreement currently states that "The District shall pay an in lieu mileage allowance of $285.00 per month." This allowance was intended to be tied to the IRS approved optional standard mileage rate, but the existing language does not address increasing the allowance when the IRS increase the optional standard mileage rate. When the Agreement was initially written, the IRS approved optional standard mileage rate was $0.285; as of January 1, 1995, the IRS approved optional standard milage rate is $0.30. The Committee recommends that the wording for this section of the Employment Agreement be changed to "The District shall pay General Manager a monthly in lieu mileage allowance calculated at the rate of 1000 multiplied by the current IRS approved milage reimbursement rate" and that the change be retroactive to January 1, 1995. Prepared by: Pete Siemens, Director - Ward 1, for the Ad Hoc General Manager Evaluation Committee Susan Schectman, Legal Counsel Jean Fiddes, Administrative Services Manager Contact person: Pete Siemens, Director - Ward I RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING 1995-1996 COST-OF-LIVING ADJUSTMENT AND MERITORIOUS PAY AWARD FOR THE GENERAL MANAGER AND APPROVING AMENDMENT TO GENERAL MANAGER EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 9, 1994, with L. Craig Britton employing Britton as the District's General Manager; and WHEREAS, on January 11, 1995 the Board approved a 2.5% cost of living increase for the General Manager, retroactive to September 9, 1994; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and a compensation review; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board desires to adjust the General Manager's compensation to include a 2% cost of living increase, retroactive to March 9, 1995, increasing his salary to $89,939.20 per annum; and WHEREAS, the Board, based on its annual review of Britton's performance, desires to grant him meritorious pay of 4% or $3,597.57 over and above Britton's salary in recognition for performance during the previous year of service; and WHEREAS, the Board wishes to increase the General Manager's in lieu mileage allowance from $285.00 per month to $300.00 per month, retroactive to January 1, 1995, and clarify that the in lieu mileage reimbursement amount is to be based in the future on the formula of 1000 multiplied by the current IRS approved optional standard mileage rate. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District do authorize the President of the Board of Directors to execute the attached amendment to the General Manager Employment Agreement on behalf of the Midpeninsula Regional Open Space District to increase the General Manager's salary to $89,939.20 per annum based on a 2% cost of living increase retroactive to March 9, 1995 and to amend the General Manager's in lieu mileage allowance, retroactive to January 1, 1995, to base it on the formula of 1000 multiplied by the current IRS approved optional standard mileage rate. BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution 4% meritorious pay award in the amount of $3,597.57 over and above the General Manager's salary. First Amendment to Employment Agreement General Manager WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 9, 1994, with L. Craig Britton employing Britton as the District's General Manager; and WHEREAS, on January 11, 1995 the Board approved a 2.5% cost of living increase for the General Manager, retroactive to September 9, 1994, increasing his salary to $88,167.04 per annum; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and compensation review; and WHEREAS, the Board has completed its annual review and desires to adjust the General Manager's current compensation to include a 2% cost of living increase, retroactive to March 9, 1995, increasing his salary to $89,939.20 per annum; and WHEREAS, the Board wishes to increase the General Manager's in lieu mileage allowance from $285.00 per month to $300.00 per month, retroactive to January 1, 91995 and clarify that the in lieu mileage allowance amount is to be based in the future on the formula of 1000 multiplied by the current IRS optional standard mileage rate. NOW, THEREFORE, the parties agree Agreement to be modified as follows: 1) Effective retroactively to March 9, 1995, Section 3(a) is hereby amended to read as follows: (a) Salary. As compensation for the services to be performed hereunder, Britton shall receive a salary at the rate of$89,939.20 per annum. District's Board of Director's (the "Board") shall review Britton's performance and salary annually. 2) Effective retroactively to January 1, 1995, Section 3(g) is hereby amended to read as follows: (g) In lieu mileage allowance. The District shall pay General Manager a monthly in lieu mileage allowance calculated at the rate of 1000 multiplied by the current IRS optional standard mileage rate. It is further agreed that in all other respects the Agreement is hereby ratified and reaffirmed. In witness whereof, the parties have executed the Amendment this day of 1995. By: Peter W. Siemens, President L. Craig Britton, General Manager _I Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R,Esm uTION No. 95- RESOL UTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN,SPACE DISTRICT HONORING AND COMMENDING LARRY ORMAN OF GREENBELTALLIANCE WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District acknowledges that Greenbelt Alliance has grown into the foremost non-profit agency involved in the effort for open space protection and advocacy throughout the San Francisco Bay Area region; and WHEREAS, Larry Orman, hired as Greenbelt Alliance's first staff person in 1976 and subsequently ascending to Executive Director, has served for 19 years as the chief architect of Greenbelt Alliance's regional efforts; and WHEREAS, Larry has astutely guided the organization from its humble beginnings to its current status as the most recognized and respected open space action and advocacy group in the region; and WHEREAS, in his tenure as Executive Director, Larry's tireless efforts have resulted in Greenbelt Alliance's direct and instrumental involvement in the preservation of over 600,000 acres of greenbelt lands, the creation of a cumulative funding pool of more than a half-billion dollars for greenbelt acquisition and maintenance, and the creation of a strong environmental voice for the millions of people throughout the region who share in his vision and goals for open space protection; and WHEREAS, Larry's leadership of Greenbelt Alliance and the regional open space struggle has fostered international recognition of the Bay Area as the most environmentally progressive and forward- thinking region in the United States;and WHEREAS, Larry Orman, although staying on-board for special projects close to his heart, is stepping down as Executive Director of Greenbelt Alliance after a long and fruitful pursuit of his environmental ideals. Now, THEREFORE,BE IT REsoL vED that the Board of Directors of the Midpeninsula Regional Open Space District commend and applaud Larry Orman for his accomplishments and achievements through his years of service,for his dedication to the ideals and goals of an open space greenbelt surrounding the San Francisco Bay Area, and for his tireless and steadfast leadership of Greenbelt Alliance on behalf of the people of the entire region. I JF - - Adopted by the Board of Directors October 11, 1995 Claims No. 95-17 Meeting 95-22 Date: Oct. 11, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8332 439.64 Acme&Sons Sanitation, Inc. Sanitation Services 8333 143.82 Air Cooled Engines, Inc. Vehicle Parts 8334 87.67 AT&T Telephone Services 8335 346.50 Battery-Tech Inc. Radio Batteries 8336 106.00 Bill's Towing & Recovery Tow Service 8337 167.93 Cal-line Equipment Co. Equipment Parts 8338 921.39 Carsonite International Road Marker 8339 278.42 Cascade Fire Equipment Company Equipment Parts 8340 255.07 Clark's Auto Parts/Machine Shop Vehicle Parts 8341 243.59 Communications&Control Inc. Utilities 8342 2,664.60 1 Corporate Graphics District Post-it Pads 8343 81.56 The Dark Room Photography Processing 8344 203.04 Deluxe Business Forms&Supplies Payroll Checks 8345 70.20 Deirdre Dolan Vehicle Expense 8346 320.50 Jean Fiddes Reimbursement--Staff Event Expenses 8347 63.40 Foster Bros. Security Systems, Inc. Keys 8348 394.99 Gardenland Power Equipment Equipment and Repairs 8349 4,588.37 Gateway 2000 Computer and Monitor 8350 20-59 G & K Services Towel Service 8351 241.79 W.W. Grainger, Inc. Shop Tools 8352 30.00 Greenbelt Alliance Business Meeting--L. Craig Britton 8353 219.00 Honeywell Protection Service Burglar Alarm Service 8354 1,200.00 Integrated Training Resources Defensive Tactics Training 8355 148.49 Keeble & Shuchat Photography Staff Recognition Photo Processing 8356 22.50 Land Trust Alliance Resource Materials 8357 265.96 Judy Law Reimbursement--Supplies and Vehicle Expense 8358 1,122.30 Los Altos Garbage Company Dumpster Rental 8359 20.00 Los Altos Town Crier Subscription 8360 92.50 R. S. Means Company Resource Materials 8361 51.62 MetroMobileCommunications Radio Repair 8362 86.39 Moore Medical Corp. Ear Protection 8363 461.75 Minton's Lumber&Supply Field Supplies 8364 305.00 National Recreation and Park Association NRPA Conference--L. Craig Britton 8365 195.00 National Safety Council Membership Dues 8366 124.10 Noble Ford Tractor, Inc. Equipment Supplies 8367 42.10 Northern Energy Propane Gas 8368 192.44 Pacific Bell Telephone Service 8369 232.34 Peninsula Blueprint, Inc. Blueline Prints 8370 1,256.46 PIP Printing Map and Brochure Printing 8371 924.02 Pine Cone Lumber Co., Inc. Lumber 8372 3,000.00 Postage By Phone System Postage 8373 5,008.45 Pouncing Pachyderm Productions Consulting Services 8374 18.65 Precision Engravers Name Tag Engraving 8375 178.62 Rabbit Copiers, Inc. Copier Maintenance Service •1 Urgent Check Issued on September 28, 1995. Page 1 Claims No. 95-17 Meeting 95-22 Date: Oct. 11, 1995 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8376 428.10 Romic Environmental Technologies Corp. Haz Mat Material Service 8377 2,022.23 Roy's Repair Service Vehicle Maintenance and Repairs 8378 1,062.94 Rich's Tire Service Vehicle Tires 8379 700.00 RT Electric Grant Cabin Electrical Work 8380 4425.00 San Jose Conservation Corps Reynolds Road Cleanup Crew 8381 678.15 San Jose Mercury News Skyline Field Office Advertisement for Bids 8382 88.94 Shell Oil Company Fuel 5,125.00 George Sipel Associates Planning Department Consulting Services 8383 189.58 Skyline County Water District Water Service 8384 58.02 Solano Press Books Resource Materials 8385 885.00 Sonoma County Agricultural Preservation Registrations for Not-So-Annual and Open Space District Conference 8386 616.00 Sonoma Valley Inn Room Reservations-Not-So-Annual Conference 8387 247.64 Taylor Rental Rental Equipment 8388 950.75 Teater & Etc. Graphics Consulting--Maps 8389 7.58 Tooland Inc. Equipment Repair 8390 946.20 Town of Los Gatos Consulting Service 8391 60.00 *2 Town of Woodside Fence Permit 8392 82.50 U.S. Rentals Field Equipment Rental 8393 571.79 WearGuard Rain Gear 8394 123.90 Michael Williams Vehicle Expense 8395 548.67 Yardbird Equipment Sales Equipment and Repairs 8396 202.50 Joan Young Contract Services 8397 217.75 *3 Brendan Downing Reimbursement—Santa Rosa Academy and Vehicle Expense 8398 1,500.00 *4 Postage By Phone Postage 8399 531.00 *5 Kevin MacKay Consultant Services-Pulgas Ridge 8400 110,000.00 American Title Company Reese Property Purchase 8401 5,000.00 Environmental Concepts Teague Hill Perculation Test 8402 1.00 Communication &Control, Inc. Radio Site Lease 8403 1,722.43 Sandis Humber Jones Consulting Services-Skyline Grading 8404 205.29 Petty Cash Office Supplies, Business Meeting Expense, Photo Reproduction, Docent Total 166,034.72 Supplies and Recognition Activities by the Board *2 Urgent Check Issued October 5, 1995 *3 Urgent Check Issued October 6, 1995 *4 Urgent Check Issued October 6, 1995. *5 Urgent Check Issued October 11, 1995 Page 2 Claims No. 95-17 Meeting 95-22 Date: Oct. 11, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 8332 439.64 Acme&Sons Sanitation, Inc. Sanitation Services 8333 143.82 Air Cooled Engines, Inc. Vehicle Parts 8334 87.67 AT&T Telephone Services 8335 346.50 Battery-Tech Inc. Radio Batteries 8336 106.00 Bill's Towing & Recovery Tow Service 8337 167.93 Cakline Equipment Co. Equipment Parts 8338 921.39 Carsonite Intemational Road Marker 8339 278.42 Cascade Fire Equipment Company Equipment Parts 8340 255.07 Clark's Auto Parts/Machine Shop Vehicle Parts 8341 243.59 Communications&Control Inc. Utilities 8342 2,664.60 1 Corporate Graphics District Post-it Pads 8343 81.56 The Dark Room Photography Processing 8344 203.04 Deluxe Business Forms&Supplies Payroll Checks 8345 70.20 Deirdre Dolan Vehicle Expense 8346 320.50 Jean Fiddes Reimbursement--Staff Event Expenses 8347 63.40 Foster Bros. Security Systems, Inc. Keys 8348 394.99 Gardenland Power Equipment Equipment and Repairs 8349 4,588.37 Gateway 2000 Computer and Monitor 8350 20.59 G & K Services Towel Service 8351 241.79 W.W. Grainger, Inc. Shop Tools 8352 30.00 Greenbelt Alliance Business Meeting--L. Craig Britton 8353 219.00 Honeywell Protection Service Burglar Alarm Service 8354 1,200.00 Integrated Training Resources Defensive Tactics Training 8355 148.49 Keeble & Shuchat Photography Staff Recognition Photo Processing 8356 22.50 Land Trust Alliance Resource Materials 8357 265.96 Judy Law Reimbursement--Supplies and Vehicle Expense 8358 1,122.30 Los Altos Garbage Company Dumpster Rental 8359 20.00 Los Altos Town Crier Subscription 8360 92.50 R. S. Means Company Resource Materials 8361 51.62 Metro MobileCommunications Radio Repair 8362 86.39 Moore Medical Corp. Ear Protection 8363 461.75 Minton's Lumber&Supply Field Supplies 8364 305.00 National Recreation and Park Association NRPA Conference--L. Craig Britton 8365 195.00 National Safety Council Membership Dues 8366 124.10 Noble Ford Tractor, Inc. Equipment Supplies 8367 42.10 Northern Energy Propane Gas 8368 192.44 Pacific Bell Telephone Service 8369 232.34 Peninsula Blueprint, Inc. Blueline Prints 8370 1,256.46 PIP Printing Map and Brochure Printing 8371 924.02 Pine Cone Lumber Co., Inc. Lumber 8372 3,000.00 Postage By Phone System Postage 8373 5,008.45 Pouncing Pachyderm Productions Consulting Services 8374 18.65 Precision Engravers Name Tag Engraving 8375 178.62 Rabbit Copiers, Inc. Copier Maintenance Service 1 Urgent Check Issued on September 28, 1995. Page 1 Claims No. 95-17 Meeting 95-22 Date: Oct. 11, 1995 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name, Description 8376 428.10 Romic Environmental Technologies Corp. Haz'Mat Material Service 8377 2,022.23 Roy's Repair Service Vehicle' Maintenance and Repairs 8378 1,062.94 Rich's Tire Service Vehicle Tires 8379 700.00 RT Electric Grant Cabin Electrical Work 8380 4425.00 San Jose Conservation Corps Reynolds Road Cleanup Crew 8381 678.15 San Jose Mercury News Skyline Field Office Advertisement for Bids 8382 88.94 Shell Oil Company Fuel 5,125.00 George Sipel Associates Planning Department Consulting Services 8383 189.58 Skyline County Water District Water Service 8384 58.02 Solano Press Books Resource Materials $385 885.00 Sonoma County Agricultural Preservation Registrations for Not-So-Annual and Open Space District Conference 8386 616.00 Sonoma Valley Inn Room Reservations-Not-So-Annual Conference 8387 247.64 Taylor Rental Rental Equipment 8388 950.75 Teater & Etc. Graphics Consulting--Maps 8389 7.58 Tooland Inc. Equipment Repair 8390 946.20 Town of Los Gatos Consulting Service 8391 60.00 *2 Town of Woodside Fence Permit 8392 82.50 U.S. Rentals Field Equipment Rental 8393 571.79 WearGuard Rain Gear 8394 123.90 Michael Williams Vehicle Expense 8395 548.67 Yardbird Equipment Sales Equipment and Repairs 8396 202.50 Joan Young Contract Services Total 46,857.25 *2 Urgent Check Issued October 5, 1995 Page 2 Regional Open Spi MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: October 11, 1995 SUBJECT: FYI 3.30 Distel Circle + Los Altos,CA 94022-1404 • Phone:41.5-691-1200 • FAX:415-691-0485 E-mail:mrosdr+netcom.com Board of Directors Pete Siemens,Mary C.Davey,Teena Henshaw,David-t.5rrnernoff, Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:t..Craig Britton JAN C MATSER 832 San Lucas Court (415 ) 964-4437 Mountain View, CA 94043 7 October 1995 Ms Nonette Hanko, Director MROSD 330 Distel Circle Los Altos, CA 94022 Re: Dog Access at Thornewood Dear Nonette, How are you? Just a short note because I am not able to attend the meeting on Wednesday, 11 October next. I believe that dog access at Thornewood is alright. That is , if the dog is kept on a leash. The reason I say that is, because of the wildlife which is very predominant at Thornewood. Lots of deer, rabbits , at one time even bobcats were seen. A loose dog would chase after the resident wildlife and cause trouble. When I oversaw Thornewood for the Sierra Club Foundation ( 1970-1978 ) 1 brought many groups of people up there. At one time my guests brought their dog along and the thing went after a rabbit and was out of sight . At the end of the afternoon the dog was lost and I had to go into the brush to find the dog. Just for that I say, keep the dog on a leash. I trust that you and your husband are in good health, and I send my best wishes. ncecerely, an C Matser Regional Open sp.-We W ........... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 9, 1995 Russell Peterson State Supervisor U.S. Fish and Wildlife Service Oregon State Office 2600 SE 98th Avenue, Suite 100 Portland, Oregon 97226 Re: Proposed designation of Purisima Creek Redwoods Open Space Preserve as critical habitat for the endangered Marbled Murrlet Dear Mr. Russell: The Midpeninsula Regional Open Space District supports the Fish and Wildlife Service's efforts to protect this unique bird. Designation of critical habitat will help recognize and publicize the plight of the Murrlet, and will help public agencies coordinate efforts to protect it. It has come to our attention that Marbled Murrlets have been confirmed in the District's Purisima Creek Redwoods Open Space Preserve in San Mateo County. This 2,633 acre preserve stretches west from the summit of the Santa Cruz Mountains at Highway 35, and contains several stands of old growth redwoods and douglas fir, as well as dense second growth. The preserve is shown and described in the attached brochure. Although the District owns several preseves on the west slope of the coast range, so far as we know this is the only preserve where Murrlets are present. We encourage the Service to include the Purisima preserve in the designated critical habitat for the Marbled Murrlet. The District's mission is to protect critical habitat for all native species and to provide public access for low intensity recreation. Inclusion in the critical habitat area will help to implement the District's mission as well as that of the Fish and Wildlife Service. We understand that inclusion in the critical habitat does not directly create any specific requirements or restrictions for the District, but that we should confer with the Service if we are planning any significant project in the preserve. Please let me know if you have any comments or quest Ins.-" Since ay, L. Craig- ri on, General Manager cc: Board of Directors 330 Distal Circle o Los Altos, CA 94022-1404 Phone: 415-691-1200 o FAX:415-691-0485 0 E-mail: nirosd(01 netconixom Rom d of Oirc(It)rq-Poe Siemcm,Mary C.I).)v(,y, I evim I I enJi,iw,Davit I T.smet it(d,Not wt I e I I,mko,Roby Crowder,Wi I i I de Wit Gctwi,?l Ahm,iget:1.(taig,13tition MEMORANDUM October 9, 1995 To: Craig Britton, General Manager From: Randy Anderson, Senior Planner,'' Re: Inclusion of Purisima O.S.P. in Marbled Murrlet Critical Habitat The U.S. Fish and Wildlife Service has proposed adoption of regulations recognizing critical habitat in west coast forests for the endangered Marbled Murrlet, a small seabird that forages in near coastal waters and nests in old growth forests. I have reviewed the regulations as published in the August 10, 1995 Federal Register. The regulations only propose to recognize habitat in public ownership. Lands in state parks and county parks ownership in San Mateo County are recognized in the draft, but District lands are not. Marbled Murrlets have been confirmed in Purisima O.S.P., but have not been found in other District preserves. Steve Singer, coordinator of the Santa Cruz Mountains Bioregional Council and an expert on Marbled Murrlets, has encouraged the District to ask that Purisima be included in the recognized habitat. The Service must receive our request by October 10, 1995 to include it in the final regulation. According to Steve Singer it would be problematic for the Service to include Purisima in the critical habitat later. Inclusion in the critical habitat may provide additional grant opportunities for the District. Based on review of the proposed regulations, inclusion in the recognized habitat area is largely symbolic. It does not put into place any restriction or requirement that did not previously exist under law, since the Murrlet is already protected as an endangered species. It is a recognition of the presence of the Murrlet and a commitment to work with the Fish and Wildlife Service to protect it. This would be consistent with our adopted Resource Management Policies. The Endangered Species Act already requires federal agencies to confer with the Fish and Wildlife Service "on any action that is likely to result in the destruction or adverse modification of the proposed critical habitat." Technically, the CEQA process would already require the District to review the potential impacts of projects on the Murrlet, including consultation with the Service. The proposed regulations indicated that any activity that would remove or damage old growth trees may impact the critical habitat. Logging or construction that would result in direct tree removal were cited as examples. Because Purisima was purchased with funding assistance from Save-the-Redwoods League, there are already deed restrictions on logging the property, in the unlikely event that the District had any interest in doing so. On September 26, David Sanguinetti met at Purisima with Steve Singer of the Bioregional Council and Lynne Roberts of the Fish and Wildlife Service. Steve and Lynne confirmed that trails and other low-intensity recreation activities and facilities are not likely to have an impact on the Murrlets. In addition to old growth tree removal, the only adverse activity they mentioned was that the presence of trash from campgrounds or picnic sites tends to attract ravens 1 and jays, which in turn attack the young Murrlets. Thus, campgrounds, formal picnic areas, and any other facility likely to generate trash, may be in conflict with the critical habitat. If the District is included in the critical habitat, planners and field staff should be notified that they should coordinate with the Fish and Wildlife Service before planning or undertaking a major project at Purisima. 2 I September 27, 1995 To: John Escobar, Operations Manager From: David Sanguinetti, Area Superintendent Subject: Recommendation For Protection of Marbled Murrelet Habitat I am recommending to Management Team and the District Board of Directors that they petition the U.S. Fish and Wildlife Service to include the two first growth redwood stands in Purisima Creek Redwoods Open Space Preserve as Critical Habitat, in the Federal Register for the Marble Murrelet. To be eligible for consideration, the petition would have to be received on or before the October 10, 1995, deadline. On September 26, 1995, I met with Fish and Wildlife Biologist, Lynn Roberts and Environmental and Ecological Services Consultant, Steven Singer, to look at the two areas in Purisima Creek Redwoods where suitable nesting area exists. Murrelets require first growth type trees that have platforms large enough for their nests and are within 50 miles of the coastline. Purisima has two stands of this type, one at the top of the Soda Gulch drainage and a second just off of the Whitimore Gulch Trail. Murrelets have been seen by Steven Singer and by former Sempervirens Fund Field Coordinator, Shelton Douthit, flying up the Soda Springs drainage from the Purisima Creek drainage. I feel that being listed, at this time, on the Federal Register is critical for the following four reasons: 1. The U.S. congress has placed a moratorium on the Endangered Species Act that will not allow for any further additions of species or habitat. However, due to a law suit that has been filed, the U.S. Fish and Wildlife Service must go ahead with completion of the current Marbled Murrelet Critical Habitat registry. This may be our only chance to be included. 2. Future grants and funds available for the preservation of Critical Habitat may only be given to areas that are included in the Registry. Money has currently been allocated to Big Basin State Park for studies and protection from predation. 3. Inclusion of Purisima Creek would not change the current status of the Districts ability to develop the area for public use. The Endangered Species Act currently protects all taking of habitat for the Marbled Murrelet regardless of whether it is listed on the Registry or not. Fish and Wildlife Biologist Lynn Roberts, says our current management practices are compatible with protecting the habitat. 4. Purisima Creek has a unique population, separate from all the other known groups in the Santa Cruz Mountains. They are the northern most and smallest sized population, which could be very useful for studies involving the survival of the species. Environmental and Ecological Services Consultant, Steven Singer said this could be a very prestigious position for the District to be in regarding notoriety and generation of protection funds. Currently we are being recommended for inclusion on the Registry by the Santa Cruz Mountains Muffelet Group. If we are in support of being included in the Registry, it would be advantageous for us to petition the U.S. Fish and Wildlife Service, on or before the October 10 deadline. 10 11 1005 11:34 4156041,188 NASA N239 r.02 Regional Open Space MIDPENINSU A RECIONAL CkPVN SPACE DISTRICT 11 October 1995 To: L. Craig Britton From: David Smemoff RE: Russian Ridge Open Space Viskid Controlled Burn At our September 27th Board meeting we agreed to a contrt fled bum on Russian Ridge OSP, to be contained within areas I and 2. There was concern amongst the board and members of the community regarding the paten 'al for invasive thistle species to spread in burned areas. During the last two week I have visited the site twice and spoken with state ecologist Marla Hastings regar ng the effects of burning on.thistle in open grasslands. I offer the following prelimIn ry information for your information. I also express a few concerns regarding the pr ess in which the decision to bum was made. Ms. Hastings has extensive experience with controlled bum; In grassland areas. Her conclusions after conducting bums in small experimental pots, and expanding her program to larger areas are as follows. Burning can dramatically reduce thistle populations, however the optimal time to bum is in early W mld-June while the plants are in early flowering stages. This eliminates seed pr uction in the current year. Burning also seems to force seeds resident in the soil t germinate, thus, reducing the number of years in which seeds remain viable. Her research is 'r continuing to quantify seed viability (estimated at 10-15 yea ) and how quickly burning can reduce the wed bank In soil (current estimate is around 6 years). Her strategy requires annual springtime burning for several;e; .In order to eliminate all new seed production and eliminate the soil seed bank. ter bums other thistle 1 91 species (bull thistle, milk thistle) can Invade but she has ha success with restoration of CA native bunch grasses and other native annual plants. Ms, Hastings noted that CA grassland ecosystems experienc natural fires on the average of every 2 to 8 years. She also informed me that the e are no disc lines in the lands she manages, primarily because of the soil disturbanc which tends to permit thistle invasion. At some point I believe it would be usefulor the district to consider our policies concerning disc lines and determine if alternatives exist which allow for adequate fire protection access and prevention, le also preserving the a integrity of the natural ecosystems. She suggests that mowin is a preferred alternative. Mowing, timed during the early flowering stage of thistle, can also be very effective in eliminating seed production. In addition, telzrated Mt management strategies are available through CA. State Poo and Agriculture. Such strategies depend on leaving the system undisturbed (Le no Ire, mowing, disking, grazing), but may provide a useful alternative to burning fo areas where burns are not possible. ISO Distel Circle* Los Altos,CA 94022-1404# Phone:415-691-1200* FAX:415-691 5 # E-malt:mrosdUrtetr-arn,com 0 Board-of Ofr�:Pete Slewem,Mary C,nawy,Ttvna Henshow,DaNld T.S7rnok Nonette ahkD,Betsy Crowder.W1mdeWit GerietalMarragwr:L.,Craig Bn#on 10-i1-1095 11:36 41560-4-N&S NASA N230 P.03 AS we approach a controlled burn I believe it is important to be explicit in our objectives. If Our objective Is to reduce thatch, slow shrub Invasion, and enhance the opportunity for native annuals to thrive, then a single fall bum is acceptable. If, however, our objective is to eliminate, or limit the spread Of invasive species, then I strongly feel that we must actively engage in a proms whereby we evaluate available, effective strategies and choose the one most suited to our objectives. Criteria important in this evaluation will be the ecosystem-specific attributes (extent and type Of Invasive Plants, community structure etc.), district resources to conduct the seleded program, ability to retain CDP services for annual bums, expected benefits and potential negative impacts. The appearance of the proposed bum on the Sept. 27th agenda was a surprise to me and I felt that the analysis was a rather one-sided rush to burn. My conversation with Ms. Hastings and my visits to the area provided me with valuable information which has permitted me to more effectively analyze the impacts. Although CDF imposed a tight time frame on negotiating an agreement, I feel that staff was aware of the Intention to seek an agreement well in advance. Provision of preliminary information in advance regarding the potential impacts, positive and negative, of a controlled burn, would have improved the Board's ability to understand the issues and make an informed decision. I expect to receive further detailed information from NU. Hastings and will share what 1 learn with staff and the board. Please keep me advised of any progress on setting a burn date,I would appreciate as much advance warning as possible. In addition,I would like to arrange a tour of the bum sites with John and Patrick ml order to enhance my preliminary photo documentation of current conditions and better acquaint myself with the exact location of this years proposed bum,and to look at the conditions existing with the 1990 fire site. In summary, I wish to reiterate my strong conviction that we carefully analyze the Impacts of the burn, including both pre- and post-bum community structure surveys. A fire monitoring transect protocol is available from Ms. Hastings. We should also carefully define our objectives and from them determine the most suitable strategies for managing grasslands within our holdings. M Board of Directors John Escobar •1 IT r.�'� s r + r r ! ► b!�' br 1=� r! ! ! T :irii.R /-x Y # r., r r.• 1 :.r / ♦ T : i HI>; S V{ t i �` . � i.=, .ri '+lM .ii ► .( a +ri {, {w 'i s •. 1 ' `,},! i 7' ,1 :+ wi r # N1 .1 1 {1 • -• r iA t i+i •1 t • / r • •r • # + :!1 M e« rL: f WV# it .+f 1 ., t 1 IIF: i• it :.• /1:i � {x+Y {•:4 !. b Y li i • • . � i l{- •t ,.•r ••H a.. i ` �' Ir { :, �{ tr.... + +�:i. �. i il,.,; t {, I i t{,r �' Y •.:..:• ...a i ;+f air ' • M wr...i'. „� t { iI t • { { lilt t.. ♦ ur {• r 1 t; • • 1 ... ►Mi i� r{ -+.r •.i 1 s t it .•rt`� • � �' '-i i ♦ rl �; i, M fir: i / r.•.-.: � i• • 1 i 1i 10-09-19%.3:40M FRM TSCOLL RANCHES 4153260952 P. 2 TR.AIL ENTHUSIASTS UNITE ! ;= USE IT OR LOSE IT V-. The Coast Trail Committee is requesting your help What? Your attendance on a lovely trip through beautifill land on a .public road. Wben? October ; }, 1995 - 10:30 a.m_ - Bikers see below Wliere? Start at 10699 La Honda Rd., La Honda Why? To preserve public access and use of Old Searsville Road in La Honda How? The method of taking this trip is up to yoLl' `r The various options that have been suggest are.- Mountain Bike - Start time to meet is 9:30 i t Jog, Run Or Hike with your favorite four legged friend • Equestrians - Ride vour favorite four legged friend' Brina a lunch and plan to meet a lot of friends (old and new) who use and care about our valuable open space and public lands. Regional Oren Sp e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: J. Fiddes, Assistant General Manager DATE: October 6, 1995 SUBJECT: FYI 330 Distel Circle . Los Altos, CA 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 E-mail: mrosd@netcom.com Board of Directoes:peter Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton AGENT SARATOGA PARRS AND RECREATION COMMISSION MEETING TIME: Monday, October 2, 1995 - 7:30P.M. PLACE: Administrative Conference Room City Hall 13777 Fruitvale Avenue, Saratoga, California 'n TYPE: Regular Meeting I. ORGANIZATION A) Roll Call B) Minutes (Meeting of September 5, 1995) C Posting g ostin of Agenda Pursuant of Government Code 54954.2 the agenda for this meeting was posted on the City Hall Kiosk on September 27, 1995. II. OLD BUSINESS None IIZ. NEW BUSINESS A) Mid-peninsula Regional Open Space District �----� presentation to the Parks and Recreation Commission IV. WRITTEN COMMUNICATIONS A) Letter from Save Our Neighborhoods Initiative Committee B) Letter from Preston Burlingham regarding Proposed Composting Station at El Quito Park C) Notice of Mini-conference for Commissioners on Saturday, October 21, 1995 D) Memorandum from Irene Jacobs regarding Fall/Winter editor of The Saratogan E) Letter of resignation from Dr. Leo Barnard V. COMMISSION AND STAFF REPORTS A) Commissioner's Reports B) Previous Month Council Meeting Report C) Recreation Department Status Report-Joan Pisani D) Park Maintenance Division Update-Bob Rizzo In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Parks Superintendent, Bob Rizzo, at (408) 867-3438. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Santa Clara Valley Water District September 26, 1995 5750 ALMADEN EXPRESSWAY SAN JOSE, CA 95118-3686 TELEPHONE (408)265-2600 FACSIMILE (408)266-0271 AN AFFIRMATIVE ACTION EMPLOYER Mr. Peter Siemens, President Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Siemens: Subject: Letter Dated August 17, 1995 Regarding Cooperative Planning for Recreation Trail and Parking, Lexington Dam and Reservoir Lexington Dam Freeboard Restoration Project Thank you for your interest and for providing comments on the Santa Clara Valley Water District's (District) Lexington Dam Freeboard Restoration Project. The District recognizes the importance of recreational opportunities to our community. As such, we lease our reservoir properties to the County of Santa Clara (County) for management of recreational facilities by the County Parks and Recreation Department. The District is currently working with Parks and Recreation to evaluate the most feasible long-term solution for trail access at Lexington Dam that is compatible with County and regional plans. The District will perform a feasibility and cost analysis of several alternative trail routes based upon trail design criteria provided by Parks and Recreation. Upon selection of a preferred trail alternative, the potential inclusion of trail improvements in the District's Lexington project construction will be evaluated. If trail improvements can be included in the project construction without impacting the project schedule, and if sufficient funds are made available by the County, all or part of the trail improvements would be included with the project construction. The dam has a limited width at the top, thus it would be difficult for both parking and wider shoulders along Alma Bridge Road without increasing the width. However, the District is working with Parks and Recreation to most effectively use this limited area on top of the dam to meet the project needs while, at the same time, allowing for parking and trail use. We appreciate the input that has been provided by your staff and look forward to continued coordination as this project progresses. If you have any questions, please call Ms. Debra Butler, Project Engineer, at (408) 265-2607, extension 2036. Sincerely, Rosemary C. Kamei Chair/Board of Direct)�Ils cc: Ms. Debbie Turpen Parks and Recreation Department County of Santa Clara 298 Garden Hill Drive Los Gatos, CA 95030 recycled Paper SEP 2 9 1 Regional Open Sp e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith October 5, 1995 Public Affairs Manager (415) 691-1200 Open Space District Plans Major Environmental Festival : THIS LAND IS YOUR LAND. . . A DAY IN OPEN SPACE Los Altos, CA--The Midpeninsula Regional Open Space District is planning a landmark environmental exhibition for June 9, 1996. "This Land Is Your Land--A Day In Open Space" is an all-day environmental festival at beautiful Skyline Ridge Open Space Preserve in the Santa Cruz Mountains. Full of environmental and outdoor recreation displays, fun outdoor activities, information about recreational organizations, food, and entertainment, This Land Is Your Land is an opportunity for the public to experience a fun, exciting,and educational day in open space. The goal of the event is to help raise the public's awareness of the environment and of the contribution that open space makes to our quality of life. For those not familiar with public open space opportunities, the event is also an introduction to the District's 41,000 acres of public land and an invitation to visit their 23 open space preserves. Up to 1,000 people are expected to attend the day-long festival. Planning is now underway for the event,and any organizations, retailers,manufacturers, food vendors or other parties interested in promoting environmental awareness are encouraged to contact the District. The Midpeninsula Regional Open Space District, extending from the 'City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 40,000 acres of diverse open space and manages 23 open space preserves. (more) 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de wit General Manager:L.Craig Britton Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat,watershed, and a variety of ecosystems,restores damaged natural resources, and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. Wednesday, August 30, 1995 /� PLANNING 1.;O M M I S S I O N Regular Meeting MINUTES MEETINGS ARE CABLECAST UVE ON GONVERNMENT ACCESS CHANNEL 16 Paqe \ , ORAL COMMUNICATIONS 2 1. District presentation by the Midpeninsula Regional Open 3 Space District. 2. Approval of the June 28th Planning Commission Minutes. 5 3. Approval of the July 12th Planning Commission Minutes. 5 4. ALMA STREET BIKE BRIDGE CAPITAL IMPROVEMENT PROJECT 6 (CIP #19411) AND PARK IMPROVEMENT ORDINANCE: The City of Palo Alto, in conjunction with the City of Menlo Park and with additional funding from the State of California, proposes a Class I bicycle bridge which crosses San Francisquito Creek, and a Class 1 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 for this project. File Nos. 95-NRB-14, 95-ARB-49, 95-EIA-16. 5. 1901-1925 EMBARCADERO ROAD - DEVELOPMENT PROJECT PRELIMINARY 20 REVIEW: The planning commission will hold a public study session for review of an application for Development Project Preliminary Review ("Prescreening") . The proposal involves the expansion and relocation of Victor Aviation at the Palo Alto Airport. Two alternative sites at the airport are being considered. The intent of the public study session is to provide the project proponent with early, non-binding comments and direction on this possible development project. Since the application constitutes preliminary review, the city's review will not result in action on a project or the issuance of a permit. Furthermore, this preliminary review is not subject to environmental review, and no environmental assessment has been prepared. File No. 95-DPR-2. 6. Ballot Initiative. 39 7. Response to letter from Mr. Peterson. 40 8. Calendar an Annual Retreat. 41 08/30/95 -1- Meeting Agenda September 20, 1995 Town of Los Altos Hills City Council Regular Meeting Wednesday, September 20, 1995, 6:00 P.M. Council Chambers 26379 Fremont Road 1'LEA�E N TE• TI-iE 'ITY C'nUNCIL MEETINGS BEGIN AT 6•QQ P M IF TIME ALLOWS ALL ITEMS EXCEPT PRESENTATIONS FIZQM THE FL QR AND PUBLIC HEARINGS MAY BE HEARD BEFORE—7.0-0-P.M. PRESENTATIONS FROM THE FLOOR ANDPUBLIC HEARINGS ARE SCHE ASSISTANCE FOR PERSONS WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at 415-941-7222. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Copies of all agenda reports and supporting data are available for inspection at Town Hall and at the Los Altos Main Library 72 hours iu advance of the meeting. Dial-Agenda, a recorded listing of key agenda items, is available 72 hours iu advance by calling 941-7225. Two complete packets of information are available for inspection during the meeting at the table to the back of Council Chambers. A brief tentative agenda is also published in the Town Crier the previous Wednesday. Persons wishing to address the Council should obtain a copy of the request form located on the table at the back of Council Chambers and leave the completed form at the podium; this ensures that names and addresses are recorded accurately in the minutes. Remarks should be limited to five minutes; if a large group wishes to express its views, it is more effective to have one spokesperson. The Council may take action on any agendized matter in any manner deemed appropriate by the Council. 1. CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE 2. APPOINTMENTS AND PRESENTATIONS 2.1 Presentation ty MLidpetiinsula Open Space District 3. PLANNING COMMISSION REPORT Regional Open Sp -e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 29, 1995 Letter sent to: Sen. Campbell; Asserrblyniember Speier; Honorable Anna Eshoo Asserrblymenber Sher; Trail Center; Member, United States Congress Greenbelt Alliance; POST;Senpervirens; 698 Emerson Street Pat Sanchez; BA Ridge Trail Council; Palo Alto, CA 94301 San Mateo Co. Board of Supervisors Dear Congresswoman Eshoo: The Midpeninsula Regional Open Space District has recently applied for two important grants, and your assistance is crucial for the successful award of these funds. One application is for a Habitat Conservation Fund (1-1CF-) grant to help purchase property for the Old Page Mill Road acquisition project. The other is for a Land and Water Conservation (LWCF) Fund grant for public access improvements at the District's Pulgas Ridge Open Space preserve. Your letters of'support will help immeasurably . The $48,900 HCF matching grant will help the District to acquire approximately 26 acres on Alpine Road in unincorporated San Mateo County, adjacent to the District's 1,612-acre Skyline Ridge Open Space Preserve. This acquisition will allow the completion of trail on the historic Page Mill Road alignment and will ultimately provide for a trail connection Eronl Skyline Ridge to Portola State Park. 'file I-WCF application is for a$124,573 matching grant for public access improvements to the Pulgas Ridge Open Space Preserve. The funds will be used to build two new trails,construct a new 20-car parking and staging area with restroonis and trailhead signage, and remove sewage treatment equipment leftover from a former facility at the site. This preserve is located close to a large urban area and these improvements will provide enhanced opportunities for the public to enjoy the area. It Would be very helpful and greatly appreciated if you could provide a letter of support for each of these projects. Please direct letters for both projects Keith Steinhart, Project Officer, Local Services Section, Dept. of Parks and Recreation, P.O. Box 942896, Sacramento,CA 94296-001. Attached are sample letters of support for each project that you may wish to use as a guide in preparing your letters. If it is more convenient for you, fieel firee to write one letter that addresses both projects. It would be most helpful if your letters are distributed as soon as possible. We would also appreciate it if you provided our office with copies. Thank you for your continuing support of our common goals of enhancing regional open space, recreation programs,and public access. Sincerely, Pete Siemens President, Board of Directors PS/mcs cc: ----MR0S11BaauLnLDirectors 330 Distel Cirde * Los Altos, CA A 94022-1404 • Phone:4 15-091 1200 • FAX: 4 15-691-0485 o E-mail: m t-os(]@ netconi.coil 1 T thoid of Directors:Pete siernem,,Niaty Davey, I evlm I len,h,lw,David id I.Sinemoff, Nonette I lanko, Betsy Crowder,Wim de Wit Gctjci:i/ALm,ipa/:I_( wig B611on SAMPLE LETTER OF SUPPORT-LAND AND WATER CONSERVATION FUND September 29, 1995 Keith Steinhart Project Officer, Local Services Section Dept. of Parks and Recreation P.O. Box 942896 Sacramento, CA 94296-001 RE: Midpeninsula Regional Open Space District Pulgas Ridge Open Space Preserve Public Access Improvement Project Dear Mr. Steinhart: I would like to express my strong support for the Midpeninsula Regional Open Space District's Land and Water Conservation Fund grant application for the Pulgas Ridge Open Space Preserve Public Access Improvement Proj ect. This project will improve public access and trail facilities at this 293-acre preserve, in close proximity to a major urban area. The project consists of a new 20-car parking area,restrooms,trailhead signage,two new trails, and cleanup of abandoned equipment from former uses at the site. This will increase the ability of the preserve to provide visitors with a variety of recreational opportunities such as hiking,birdwatching, nature study, and picnicking. In addition,the new parking facility, with its connection to the full-access Cordilleras Trail, will facilitate use of the preserve by families with children, the elderly, and people with limited mobility. The matching grant being sought is an excellent example of leveraging the District's existing revenue with additional funding,to provide the public with the best possible services in the most cost-effective manner. I urge you to ensure that the Midpeninsula Regional Open Space District receive funding for the Pulgas Ridge Open Space Preserve Public Access Improvement Project. Sincerely, (your name) cc: Midpeninsula Regional Open Space District SAMPLE LETTER OF SUPPORT-HABITAT CONSERVATION FUND GRANT September 29, 1995 Keith Steinhart Project Officer, Local Services Section Dept. of Parks and Recreation P.O. Box 942896 Sacramento, CA 94296-001 RE: Midpeninsula Regional Open Space District Old Page Mill Road Trail Acquisition Grant Dear Mr. Steinhart: I would like to express my strong support for the Midpeninsula Regional Open Space District's Habitat Conservation Fund grant application for the Old Page Mill Road Trail Acquisition Project. This matching grant will help the District acquire approximately 26 acres on Alpine Road adjacent to the District's 1,612-acre Skyline Ridge Open Space Preserve. The acquisition will allow the completion of a trail on the historic Page Mill Road alignment and will ultimately provide for a trail connection from Skyline Ridge to Portola State Park. The project is consistent with the District's goal of preserving a regional greenbelt of open space lands, linking District lands with state,county, and local parklands. It is also consistent with the San Mateo County Trails Plan which lists Old Page Mill Road as a proposed trail connecting Skyline Ridge with Portola State Park. The matching grant being sought is an excellent example of leveraging the District's existing revenue with additional funding,to provide the public with the best possible services in the most cost-effective manner. I urge you to ensure that the Midpeninsula Regional Open Space District receive funding for the Old Page Mill Road Trail Acquisition Project. Sincerely, (your name) cc: Midpeninsula Regional Open Space District Regional Open Sj_ :e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 27, 1995 William and Joyce Estrada P.O. Box 153 New Almaden, CA 95042-0153 Subject :, Utility Easement Request, Mt . Umnumhum Area of Sierra Azul Open Space Preserve Dear Mr Estrada: This is a follow up to our on-site meeting and discussion on August 8, 1995 regarding your request for a utility easement through the District' s property in the Sierra Azul Open Space Preserve. Since our meeting, I have spoken with Annette Whelan, your development consultant . Ms . Whelan asked me to summarize the District' s position as it relates to your request for a utility easement . We discussed the possibility of the District considering a utility easement in an equitable exchange for one or more of the following property rights : a public trail easement on Loma Prieta Road across your property, an option to purchase your property, a right of first refusal if you were to sell your property, or a purchase of your property reserving a life estate. In addition, the District might require that utility lines be put underground so as not to visually impact District lands . I also mentioned that we would be open to other suggestions and ideas for an equitable exchange of rights . If you have any further questions regarding this matter, or are interested in pursuing a mutually agreeable proposal, please contact me at (415) 691-1200 . Sincerely, Michael C. Williams Real Property Representative CC : Board of Directors Annette Whelan 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 Regional Open Sp,-, _e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM September 25, 1995 To: Craig Britton From: Sheryl Cochran Subject : Status of the Proposed Fault Trenching Study at Rancho San Antonio Last Thursday, Annette and I met with Keith Kelson from William Lettis and Associates to discuss the proposed fault study. Here ' s the latest information we received. Please let me know if anyone has any concerns or questions . Schedule - The fault study is scheduled to begin Wednesday, Oct . 11th. The study should take approximately 30 days . The term of the "permit to enter" is 45 days, beginning when both parties sign the permit . Trench Location: Last Thursday, Annette and I met with Keith Kelson to look at the proposed trench location. He identified two locations (see map) . The preferred location is on the north side of the road at the old Perham building site. This is where they will dig first . If they don' t find the active fault in this location, then they would backfill the trench, compact and seed the area, and move to their second location which is on the south side of the road and trail . Keith feels pretty confident that they will find the fault at the first location. Annette and I feel comfortable with both locations . Both are far enough from any major trees. The location on the north side of the road is preferred because it is more level and it is farther away from the road and trail . Bad Weather: If it rains during the study the contractor will place straw bales around the stockpiled soil taken from the trench. This will help prevent soil runoff problems . It is not uncommon for them to work in the rain. Apparently they work under tarps . Interpretive Talks and Signing: Every Friday afternoon a geologist will give an interpretive talk at the project site for the public . Flyers explaining the fault study and inviting people to the interpretive talks will be posted on the preserve . Several times during the study William Lettis and Assoc . will also invite local scientists, geologists etc . out to the site to discuss the project . They will notify us a few days prior to these events, incase some of our staff would like to come . 330 Distel Circle . Fos Altos, CA 94022-1404 • Phone:41 5-691-1200 • FAX:415-691-0485 . E-mail:mros(l@netcom.com 13oart3 of l)rre(tors:Pete Siemens,hoary C. Davey,Teena HerWmw, David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle • Los Altos, California 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 Please note our new address and phone numbers. Legend © AUTO ENTRY ® HIKING ENTRY Rancho San Antonio Rancho San Antonio has been the most popular of all District sites. Located BICYCLING ENTRY just west of Interstate 280 in the foothills of Los Altos, the 1252-acre preserve ~� provides visitors with varied environments,from beautiful oak-shaded creekside settings to grassy meadows with views of the south bay area. The core of the preserve is Deer Hollow Farm,a working farm with numerous farm animals and EQUESTRIAN ENTRY original turn-of-the-century ranch buildings. The farm is operated by the City of Mountain View as an environmental education facility. The farm is closed on Mondays,but the surrounding preserve is open every day. There are about twelve miles of trails within the preserve. The 2.3 mile Q PARKING Wildcat Canyon loop trail offers a sampling of the preserve's diverse environments as it follows the creek up Wildcat Canyon, ascends through chaparral to the open meadows on the middle ridge(a fine picnicking area)and then loops back to the farm. Longer loops are also available. ROAD The main entrance to the preserve is in Rancho San Antonio County Park, where restrooms and drinking water are available. Take Foothill Boulevard south from 1-280, turn immediately right on Cristo Rey Drive and continue for i� TRA I L about 1 mile. Parking is available in the County Park. The northwest lot,a 25 car parking area with restrooms, is the trailhead for the preserve. The Visitor's Guide.a District publication available free of charge,describes all PATH the open space preserves. Topographic maps of individual preserves are also available from the District. Please call,write or visit us: Midpeninsula Regional Open Space District; 330 Distel Circle;Los Altos, CA 94022; (415) 691-1200. X NO PUBLIC ACCESS CRIU CONSERVATION MANAGEMENT UNIT: NO PUBLIC ACCESS . tl i/ 4�5, s .9 .J \ REFERENCE POINT/ Altos. Mountain los J LANDMARK ros ' � I 10 5 View Sunt J �D Hills -$ co �� MIS"33 .a` �i.8 B DISTANCE 9 REFERENCE MARKS ,C u.1 .�. E , or .7 EREYOMT III 9 I. RESTROOMS 4 J o ��rtwCl+o GS S :4 �IS1W FWIA_ -. 4.6,- a�5.4 �r SAMAMON/O �•.' ---1,t ' � * PO TABL.� WATER SPACE P4&E AVE r y, •"irru"°"tE• ,,,a I BACKPACK CAMPGROUND YOMf BELLO ' P�.c.r.. � � n � OPEA o 5 CF`- sT RANGEP ;.�:_>IDENCF -.A�LNINSULA REGIONAL OPEN SPAk-r, otsikic-1. I 'Fmkevice LcCa*%ov\ Rancho San Antonio Open Space Preserve Cj RHUS RIDGE .ts� -.. -` ;/•. . .Z;..� ..,.1/� �` : � ..,�.� `—"'_� ` `• /T. _`�,.�- ;� �_. _L • . i •� * ,��•1 + k •Y ter' • /. �•�• d ,tom �� ..it�.;� ROAD A D � �U'.I' / � �r � „ .�l• w.(,�-+i �1, _._ .. ^. --•. ,/mod: _�,r•,� _ �;� ',. . � �. -..�.� ""'r►'�i�"�!"' RANCHO SAN ANTONIO OPEN SPACE PRESERVE'._ , "t •':�'\ _ .. BICYCLES ALLOWED ONLY ON ROAD INTO '1 DUVENECK_ WINDMILL PASTURE AREA :y;, .' :a'' '. t. DEER HOLLOW FARM OR ON BIKE TRAILS � L' i;i,'>� ; � �=�.'•- `"� �1/� ��•. 7 I IN RANCHO SAN ANTONIO COUNTY PARK ` c ell I � �`/ 1�l�I I ; . � �,'' "'-�, .,•%• ` �::`, ''t,'_�' Zee � *...�i � " t � • r� [ t ✓ '�s � I �.••• ♦� �.,• 14 �1' `� - i :�,�► , +` •• RANCHO SAN ANTONIO� ��� ✓4` `(l/ f] \ j I1, ' '`.. . .� •�Saa a�. .; COUNTY PARK Ilk 0.6 V u 1 0.309 a l 0.4 ( 11 � , PERMIT l }. -- ROGUE VALLEY ~ ,��.. �1- 03� 0.8 ljr '0•5 nin�ry1.3 � is 1 MEADOW RIDGE,y�i 0.300 0.X6 1 04 l DEER HOLLOW -- } 0.3 FARM RANGER OFFICE kkk0, 1.6 00�\\� f �E. s�nti� ors 1 MI.,L �, Dec 1993 w�rir, r Nf-..-�� 1N MIKES .yf S ;.. ,�;,,�,- ;,,"< � :; .�%;- -\ <�- ` �r �o j. •� ,� ,�:�! Regional Open SpqWe MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 4, 1995 Thomas Roznovsky 747 Webster St. Palo Alto, CA 94301 Dear Mr. Roznovsky: Thank you for your recent letter regarding additional access for dogs in the District's open space preserves. We appreciate your ideas and concerns. We will consider your thoughts in our decision-making process on this issue, along with the full range of opinions expressed by other District constituents. You have been sent the schedule to complete the current cycle of review of dog access. The Board of Directors will make every effort to make well-informed decisions on this emotional issue, balancing the requests of all user groups with protection of the natural resources. Thanks again for expressing your views. Sincerely, -L. Craig Britton General Manager LCB/kh 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,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Thomas Roznovsky 747 Webster St. Palo Alto, CA 94301 09/16/95 Midpeninsula Regional Open Space District Use and Management Committee 330 Distel Circle Los Altos, CA 94022 Dear Committee: As a dog owner, I would like to offer some of my observations and opinions concerning increased access of the open space preserves to users such as myself. In that I do not allow my dog off a leash, I will speak only concerning leashed-dog access; I leave the debate about running areas for dogs to those more concerned with that issue than myself. To begin, I would like to voice my frustration in finding areas that both myself and my dog can utilize. I emphatically state that there are not enough such areas in the Midpeninsula region or in the State Park system. Beaches as well are off limits. It would seem that to do more than circle the city blocks I must drive to National Forest lands, none of which are very close. Upon reading the comments of those against increased access to dog users (in "Brief Summary of Communications from Public Regarding Dog Use"), I find myself in agreement with some of the objections but in disagreement with the majority of them. I agree, for instance, that unleashed dogs are uncontrolled dogs (in majority of cases). For that reason, I never allow my dog off a leash. Many other responsible dog owners also keep their dogs leashed. Adherence to this simple regulation nullifies many other of the "con" arguments. That dogs leave droppings on trails cannot be denied. Speaking for myself, I remove those that my dog leaves behind. I have yet to see a horse rider scoop his animal's leavings, however. By stating this I do not wish to further divide the debate into camps of horse owners and dog owners. I merely would like to demonstral that the leavings of dogs (belonging to owners who fail to pick up after them)__are volumetrically insignificant compared to those left behind by horses. Thus this argument cannot be used to allow equestrian users on trails that do not allow dogs. The question that arises from that last sentence is this: why are some trails open to horses and not dogs? Certainly there are fewer horse owners than dog owners, yet more trails are open to these users than to dog owners. I suggest that there is nothing more frightening about a properly restrained dog on a trail than a horse. For one, the sheer mass of the horse is some cause of concern, especially when one considers the debateable control a human weighing 150 pounds has over a half-ton animal. Furthermore, the pace of a restrained dog is limited to the speed of it's master. On a recent trip I was passed by a horse and rider traveling faster than I could have run without my dog (site: Windy Hill Peak Trail). Upon adding the arguments about animal droppings, safety, and others which may arise, I conclude this: trails open to horses should also be open to dogs. Neither is right or wrong; both have similar impacts and should be considered interchangeable. Some of the arguments against trail access to users with dogs seem to be based upon ignorance and conjecture rather than familiarity and experience. "I have felt threatened by a barking dog." and "I am concerned about being attacked." do not demonstrate that dogs are dangerous; they merely make that assertation based upon preconceived notions. All dog barks are not hostile. Barking is merely the way dogs express the full range of emotions and thoughts they possess. "Dog owners and dogs are belligerent" deserves no more comment than that it is a gross overgeneralization. That "Dog presence detracts from natural quality and quiet" may be true. Screaming children and factory produced mountain bikes also disrupt these qualities; both are allowed, and in the spirit of multiple-use, justly so. Both also serve to demonstrate that dogs are not the only unnatural or loud component of the preserves' users. The following suggestions may help to reach some compromise on the dog-use issue. 1) Leash-only areas with heavy and non-negotiable fines for noncompliance. 2) Increased access would spread animal droppings more evenly (assuming some owners still refuse to pick up after their pets. ) 3) Volunteer clean-ups by both dog and horse owners. People without these animals could come also, as they leave droppings of a different sort-crumpled trail guides, Capri Sun drink pouches, etc. (My pockets were full. . . . ) In summary, I hope that dog owners are allowed increased access for both our sake and the sake of our pets. We make concessions to the horse riders, mountain bike riders, loud children, trail litterbugs, and other users. We deserve to have our interests respected in kind. Dogs are not clockwork animals without emotions, excitements, or sense of enjoyment. After 12 years with my dog I feel I am betraying him to go hiking without allowing him to come. The feeling is justified as he often enjoys himself more than I enjoy the hike myself. He certainly enjoys it more than I can imagine. In turn, the knowledge that he does so makes my use of the trails that much more fulfilling. Sincerely, Thomas Roznovsky 6,7 3 � � ZZZ-4-, "e, z �� d6 Aee t� 9/7115 Inter-office Memorandum To Board Date 10/11/95 From Kathleen Subject Trail Use Communications from Public Regarding Dog Access Phone Calls 10/9 Mark Blaszczyk , Cupertino : Supportive ! Wish it would have happened sooner , especially at Fremont Older . Also supportive of off leash , especially at Fremont Older . 10/11 Deena Anderson , San Jose , in favor of increased access because of limited public land currently available . 10/11 Robert Zatkin , Los Altos : Against access at Thornewood because of concern for swans. Go hiking behind Stanford where there is a leash law. You will see little compliance . , Do not expect compliance at TW. Against more access at Fremont Older . Preserve is already crowded and dogs on more trails will make use even heavier . ... Reply Requested .:. No Reply Necessary REDUCE, REUSE, RECYCLE