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HomeMy Public PortalAbout19960828 - Agendas Packet - Board of Directors (BOD) - 96-18 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-18 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California August 28, 1996 (7:30) ROLL CALL REGULAR MEETING OF THE BOARD OF DIRECTORS **J ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** APPROVAL OF MINUTES August 14, 1996 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Approval for the Transfer of the Visitor Services Supervisor, Docent Coordinator, and Volunteer Coordinator Positions from the Operations Program to the Public Affairs Program; the Creation of a Full-Time Operations Analyst Position, Including Adopting the Job Specification for the Position, Assigning it a Salary Range of Step Number 251 to 276 with a Corresponding Monthly Salary of$3,429 to $4,398 and Adding the Position to the District's Position Classification Plan; Authorization for Staff to Fill the Operations Analyst Position; and Approval for the Revisions to the Public Affairs Assistant Job Specification -- C. Britton (8:00) 2. Approval for the Implementation of a Sick Leave Conversion Program, Effective August 28, 1996, Whereby District Employees Represented by S.E.I.U. - Local 715 Who Leave the District in Good Standing with a Minimum of 10 Years of Service Receive a Cash Payout of Accrued Sick Leave as Follows: o ows: 20% of Accrued Sick Leave for 10 to 15 Years of Service 25% of Accrued Sick Leave for 16 to 20 Years of Service; and 30% of Accrued Sick Leave for 21 or More Years of Service -- S. Schectman *** 3. Authorization for the General Manager to Execute a Purchase Contract with Gilroy Motorcycle Center for Two (2) All-Terrain Vehicles at a Cost of $11,790.87 -- J. Escobar 330 Distel Circle Los Altos, CA 94022-1404 m Phone:415-6911200 � FAX:�� 415-691-0485 s E-mail: mrosdQnetcom.com @ Board of Directors:Pete Siemens,Mary C.Davey,Tema Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit. Genera!Manager:L.Craig Britton Meeting 96-18 Page 2 4. Authorization for the General Manager to Execute the Residential Rental Agreement with Jim Steinmentz for the Historic Thornewood Residence at Thornewood Open Space Preserve -- R. Anderson Resolution Approving and Authorizing Acceptance of Residential Rental Agreement and Authorizing General Manager to Execute Said Residential Rental Agreement and Any and All Other Documents Necessary or Appropriate to the Transaction - (Thornewood Open Space Preserve - Historic Thornewood Residence) (8:10) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: 7"Imes 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 without discussion by one motion. Board members, the General Manager. and members o request f the public mjU re st that an item be removed from the Consent Calendar during consideration of the Consent Calendar, NOTICE OF PUBLIC MEETINGS The Use and Management Committee - Windy Hill Open Space Preserve Dog Access will meet on Monday, September 16 at 7:30 P.M. at the District office. Regional Open S. ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I Meeting 96-17 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS August 14, 1996 MINUTES I. ROLL CALL President Nonette Hanko called the meeting to order at 7:03 p.m. Members Present: Peter Siemens, Mary Davey (arrived at 7:05 p.m.), Teena Henshaw, David Smernoff, Nonette Hanko, Betsy Crowder, and Wim de Wit. Members Absent: None. II. CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session agenda Item 1. The Board recessed to Closed Session at 7:04 p.m. and the Closed Session commenced at 7:07 p.m. The Board adjourned the Special Meeting at 7:30 p.m. and N. Hanko called the Regular Meeting to order at 7:34 p.m. III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, asked about the delay in completing the undergrounding at Windy Hill. C. Britton said the telephone company has not completed its part of the project. Patty Ciesla, Box 3189, Stanford, representing ROMP, said they feel as though they have made big strides in their relations with the District. During development of the plans they came to understand each other's views. However, as implementation of the plan proceeds, they are concerned that a more explicit avenue for utilization of their input, labor and enthusiasm be developed. Ms. Ciesla said the group has organized itself to be a useful force in implementing the trail plan and has created a committee (consisting of herself, Nigel Ray and Berry Stevens) to work on the projects associated with ECDM. They also look forward to continuing their service to the District in the form of trail education stations and trail patrols. She said they are looking forward to a closer relationship with staff and would like to meet with them on a regular basis. The cycling community felt that the plan is goad but the on-site work does not follow what was presented at the meeting. J. Escobar said staff has spent considerable time with ROMP representatives. He said they are closing trails that are not going to be impacted by future construction. They are getting closer to a map that looks like the trail plan. Bulletin boards are in place on the site which includes a map showing interim trails and describing the construction site, including timing. The trail that is being constructed is more wandering and up and down than has been built in 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 * FAX:41.5-691-0485 e E-mail: mrosd@netcom.com Board of Oirectors:Pete Siernens,Mary C.Davey,Teena Henshaw, David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 96-16 Page 2 the past. He said they anticipate volunteer projects in October and November and had discussed that with ROMP last night. As soon as Paul McKowan, the new Volunteer Coordinator, is on board, they will be looking at dates for those projects, as well as plans for leadership training. N. Hanko asked J. Escobar to keep in mind that the community needs communication and to have the new coordinator get in touch with ROMP. B. Crowder said the alignment she had seen is very satisfactory and she was pleased with what has been done so far. She thanked Ms. Ciesla for keeping the Board informed. Tod McGee, Redwood City, said he did not speak for ROMP. During the first weekend when the bulletin boards were up at the trail heads, he spent two hours talking to people and answering questions about trail closures. People were upset that trails were closing in areas 4 and 5 when the construction was taking place in area 1. He requested that in M. Smith's updates about the new trails being built he include the rationale for trail closures. He agreed with B. Crowder that the new trails are much more interesting than in the past. He said good things are happening in area 1. IV. ADOPTION OF AGENDA Motion T. Henshaw moved that the Board adopt the agenda. P Siemens seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR B. Crowder requested that the July 24 minutes be removed from the Consent Calendar and commented on the replies to written communications. She said the responses to Ms. Jo Barrett and Mr. Darren Bronson were excellent and she agreed with staff. Motion: P. Siemens moved that the Board adopt the Consent Calendar including responses to written communications from Theresa Grieve, Start Route 2, Box 1990, 7300 Alpine Road, La Honda; Darren Bronson, 122 E. Creek Drive #5, Menlo Park; and Jo Barrett, Vista Point Ranch, 12300 Skyline Boulevard, Los Gatos; agenda Item 4, Authorization to Solicit Bids for Removal of Dilapidated Structures and Debris at Four Sites in Sierra Azul Open Space Preserve and Determination that Project is Categorically Exempt from CEQA; agenda Item 6, Final Adoption of Amendments to the District's Public Notification Policy and the Good Neighbor Policy; and Revised Claims 96-14. T. Henshaw seconded the motion. The motion carried 7 to 0. VI. APPROVAL OF MINUTES July 24, 1996 B. Crowder asked that paragraph 4, page 4, be amended to read, "B. Crowder said she did not want to spend any more money on the road." Also,on page 6, last paragraph, the last sentence should read, "She said the realignment of the Bay Trail in the area of Redwood Shores was approved." Motion: B. Crowder moved that the Board approve the July 24 minutes as amended. P. Siemens seconded the motion. The motion passed 4 to 0 with Board Meeting 96-16 Page 3 members Davey, Henshaw and Smernoff abstaining. VH. BOARD BUSINESS A. Agenda Item No. 1 - Authorization to Apply to Town of Woodside for Lot Line Adjustment to Create Three. Rather Than Four, Residential Parcels at Pinto Way and One Residential Farrel at Summit Springs; to Sign Formal Agreement with Town of Woodside Desi ng, atine the Town as Lead Agency for Reviewing Froject under CEOA; to Increase Froject's Overall Budget by $15.500: and to Authorize General Manager to Contract for Additional Services and Fees from Brian Kangas Foulk Civil Engineers and Surveyors, William Cotton Associates and Town of Woodside - (Report R-96-86). R. Anderson presented the staff report and stressed that they are proposing three, rather than four parcels at Pinto Way. He said the geotechnical studies, for which they had requested additional budget, were necessary because of the concerns of neighbors regarding drainage. There would be additional soils testing on the Pinto Way parcel. R. Anderson informed Board members that it would be mid-fall before staff submits the application, perhaps 3 to 6 months, and the lots might be ready to be put up for sale in 6 to 9 months. He said the total budget requested is about $120,000. C. Britton responded to W. de Wit's question regarding whether the District would come out ahead on the sale of the land. He said the District had tried to sell the property "as is" and got no bids. Staff determined if they don't improve the marketability, the District won't have anything to sell. He said one thing in our favor is that the market has improved and the District might net as much as $1.5 million from the Pinto Way site alone. N. Hanko said she did not support the submission of the application to Woodside for a lot line adjustment. She would favor selling the parcel at Summit Springs, and she understood someone was interested without the District having to do anything. She said she still believes that the Pinto Way area offers a very fine trail system and she would hate to see houses take away from the experience that people now have. Even though the trail would not be removed, she did not think people would feel as comfortable with development all around. Motion: B. Crowder moved that the Board: (1) authorize the General Manager to sign a formal agreement with the Town of Woodside designating the Town as the lead agency for the purpose of review of this project under the California Environmental Quality Act; (2) authorize the General Manger to submit an application to the Town of Woodside for a lot line adjustment to create three residential parcels at Pinto Way and one residential parcel at Summit Springs; (3) increase the funds authorized to date for the project by $16,500 (from $103,153 to $119,653) and increase the current fiscal year budget for the project by $41,439 (from $43,800 to $85,239); and (4) authorize the General Manager to contract i Meeting 96-16 Page 4 with Brian Kangas Foulk for up to $40,000 for civil engineering and surveying services; William Cotton Associates for up to $13,800 for geotechnical engineering services; and authorize up to $15,000 for permits and fees to the Town of Woodside. M. Davey seconded the motion. The motion passed 6 to 1. N. Hanko voted no. B. Agenda Item No. 2 - 'Scheduling of SpecialMeeting Workshop to Review Draft o Revised Bask Policy of the Midptm-�nsula Regional Q= Space District and District Mission Statement - (Report R-96z87Z Following discussion, the Board agreed to hold the workshop on October 30 at 7:00 p.m. C. Britton informed the Board that Lisa Zadek had created the easily readable format of the draft proposal, which the Board appreciated. Motion: P. Siemens moved that the Board: (1) determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in the staff report; and (2) schedule a Special Meeting workshop on October 30 at 7:00 p.m. to review and amend, as necessary, the draft of the revised Basic Policy and the District mission statement. T. Henshaw seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 - Authorization to Execute Agreement between City of Mountain View. the District. and County of Santa Clara and Site Lease between the District an County for Deer Hollow Farm and Approval to Create and Fill Farm Maintenance Worker Position - MgpM R-96-J3). J. Escobar said the agreement keeps Deer Hollow Farm open for three more years with the District providing maintenance work, the City of Mountain View providing the educational program, and the County contributing $50,000 cash. In addition there is a significant contribution from Friends of Deer Hollow which is up to $13,000 this year. Staff has tried but could not reach an agreement with the County for a five year agreement. The operation will not change because of the agreement with the County. In addition, the new maintenance worker position could be incorporated into District staff if the Farm closes in the future. He said staff anticipates having the funds to cover the position for this fiscal year with no addition to the budget, which will be under $50,000 to begin with, but may reach that figure within the 3 year term of the agreement. J. Fiddes asked that recommendation 4 be amended to include, "and add to the District Position Classification Plan." T. Henshaw said she felt that Deer Hollow and Rancho San Antonio are the best buys the taxpayers have because of the three agencies working together. M. Smith said he will prepare a news release for the press. J. Escobar said he understood that the farm cooperative project has been nominated for a League of California Cities award. Meeting 96-16 Page 5 J. Escobar said there is a good pool of candidates for the Farm Maintenance Worker and the seasonal worker who is there now is very interested. He pointed out that this position would also clean and care for the District restrooms that are part of the farm. Harry Haeussler asked who buys the animals, who owns them, who is responsible for them, and who provides veterinarian services. J. Escobar said there is a special fund that pays for feed and purchase of animals. Most veterinarian services are donated. Animals are sold and that money goes into a separate revolving fund. Motion: P. Siemens moved that the Board (1) authorize the General Manager to execute the Agreement Between the City of Mountain View, the Midpeninsula Regional Open Space District and the County of Santa Clara; (2) authorize the General Manager to execute the Site Lease; (3) approve the creation of a Farm Maintenance Worker position; (4) approve the job specification for the Farm Maintenance Worker position and assign it a salary range of Step Number 213 to 238, with a corresponding monthly salary of$2,350 to $3,013 and add the position to the District position classification plan; and (5) authorize staff to fill the Farm Maintenance Worker position. D. Smernoff seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 5 - Authorization for General Manager to Enter into an Agreement with ATC Environmental Inc. of Marina. California for $21.730 to Perform Asbestos and Lead-Based Paint Survey for Mt. Umunhum Facilities in Sierra Azul Oren Space Preserve and Determination that Project is Categorically Exempt from CEQA - ffl=rt R-96-85). R. Anderson reviewed staff s recommendation and said if the scope of the study goes beyond this point, it will come back to the Board for approval. C. Britton stated that it is the strategy to get the District's Congressional delegate to help get the clean-up accomplished by the Federal government, Department of Defense budget. D. Smernoff asked about the large range in quotes from consultants and whether the District is getting what they need from the consultant with the low bid. R. Anderson said they chose the consultant because they had the most experience and the best references for doing this work on military bases. It is hard to judge why some rates are so much higher. The recommendation is not based solely on price. Harry Haeussler asked if there is a chance of getting the money back from the Federal government for the surveys. R. Anderson said the District will not recover the money for the surveys but hopes it is a good investment in terms of getting the government to pay for the cleanup which would cost much more than the surveys. l Meeting 96-16 Page 6 Motion: P. Siemens moved that the Board: (1) determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in the staff report; and (2) authorize staff to solicit bids for removal of debris and structures in Sierra Azul Open Space Preserve. T. Henshaw seconded the motion. The motion passed 7to0. VIII. INFORMATIONAL REPORTS B. Crowder reported that she and W. de Wit had attended a meeting of the San Mateo County Alternative Funding Committee. The Senate bill has not passed and a group is trying to obtain private funding for County parks, including grants. She said the Sempervirens Fund had given her and Jean Rushmore a tour of the road that leads between Portola State Park and Big Basin. The District will eventually connect from Monte Bello all the way to the ocean. She also reported that the new signs regarding trails at the Picchetti area are excellent. J. Fiddes reported that the period for filing nomination papers for the three Board vacancies had closed. In Ward 4, D. Smernoff is unopposed. Staff will be coming back to the Board for his official appointment. In Ward 3, Jed Cyr filed. His signatures have not been checked. If he is qualified he will also be running unopposed and the Board would need to appoint him as well. S. Schectman will check the District's enabling legislation to find out when the Board is required to make appointments. J. Fiddes said in Ward 7, two candidates have qualified, Tom Davids from San Carlos and Kenneth Nitz from Redwood City. J. Fiddes said there had been a staff retirement party for Marie McGough and Jo Combs. C. Britton said that the text of Mary Lou Lyon's talk at the Grant House dedication was included in the Board's packet. He said at the dedication he should have introduced Judy Law who coordinated the project and Carleen Bruins who handled the interpretive aspects of the history exhibit and the artifact acquisition. As a follow up to Item 3 (Deer Hollow Farm), J. Escobar said the Santa Clara County Board of Supervisors have it on their agenda for August 20. He added information on reports of aggressive coyotes at Windy Hill. B. Crowder suggested giving a District T-shirt to the person whose shirt was destroyed by a coyote. IX. ADJOURNMENT N. Hanko announced that she would be on vacation at the time of the next meeting and adjourned the meeting at 8:47 p.m. Roberta Wolfe Recording Secretary i Regional al pe MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-96-88 Meeting 96-18 August 28, 1996 AGENDA ITEM Authorization to Purchase Two All-Terrain Vehicles GENERAL MANAGER'S RECOMMENDATION-__ Authorize the General Manager to execute a purchase contract with Gilroy Motorcycle Center for two (2) all- terrain vehicles at a cost of$11,790.87 DISCUSSION At your June 12, 1996 meeting, you authorized staff to solicit competitive bids for two all-terrain vehicles(see report R-96-61). Staff estimated cost of$12,000 is included in the fiscal year 1996-1997 budget. i After finalizing specifications, staff solicited competitive bids from all-terrain vehicle(ATV) dealers throughout the south Bay Area. The District received the following bids(tax included): 1) Honda Peninsula of Sunnyvale $ 10,451.75 2) Gilroy Motorcycle Center $ 11,790.87 3) San Jose Yamaha $ 12,315.82 Staff reviewed the bids, comparing each ATVs specifications to the District's bid specifications. Two bidders met the District's specifications: Gilroy Motorcycle Center and San Jose Yamaha. The ATV from Honda Peninsula failed to meet two critical specifications required by the District: 1) a five-speed dual-range transmission and 2) a reverse gear that is available from any forward gear. A dual-range transmission is not only important for pulling heavy loads up and down trails, but is a safety feature as well. When operating ATV's on narrow and steep trails, it is crucial that the vehicle is operated at low speeds. This can be best achieved with a dual-range transmission. The vehicle operator should be able to change from forward to reverse with one shifting action. This is extremely important when maneuvering around narrow switch-backs, which often requires shifting from forward to reverse several times. This feature also saves time and reduces operator fatigue. Gilroy Motorcycle Center met all bid specifications and is the lowest responsive bidder. Prepared by: David Topley, Support Services Supervisor Contact person: Same as above 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 RESPONSE ACTION PROPOSED IIT STAPP Board President Acknovled Ra/Respond Director AcknOvl ad R el R:::ond Stall Acknovlodie(Raspond Board of Directors _ Draft Response Attached Staff to be Dir:et.d to Prepare Draft Midpeninsula Regional Open Space District R.aponsa rer IInard Consideration par IIoard Dlrective{s) 330 Distel Circle No Raspooaa Necessary Los Altos, CA 94022 August 6, 1996 To the MROSD Board of Directors: I am writing to express concern and disapproval regarding the changes being made at El Corte de Madera. I appreciate the dialogue that you've held with the mountain biking and hiking commu- nities, but I'm concerned that much of our input has been ignored. My two main concerns are the widening (bulldozing) of narrow trails, and the proposed removal of the "Aerial Tree". I am an avid hiker,mountain biker, and all-around nature lover. As a biker, I enjoy difficult, tech- nical trails, but I recognize the need to protect the park from the damage that unregulated biking can cause. When this process first began, I was optimistic that your actions could prevent future damage while preserving the aspects of the park that make it so attractive to both bikers and hik- ers, namely it's wild, rugged terrain and narrow trails. But after seeing the changes being made, I am saddened and disturbed by the needless destruction, and I question the sincerity of your con- cern for the environment. My first concern is the widening of narrow trails, of which the Chinqapin trail is a good example. While it's true that the top portion had severe ero sion probl ems, the vast majority of the trail wa s sustainable and environmentally friendly. I cannot understand why it had to be bulldozedd to a width of several feet when a nearby fireroad was already serving a similar route. This bulldozing destroyed many plants and trees, as well as the trail's appeal to bikers and hikers. We seem to dis- agree on two major points. The first point is your belief that wide trails are safer than narrow trails. Smooth, wide trails enable bikers to travel at very high speeds, creating a danger for both hikers and other bikers. Speed limits accomplish nothing, since they are usually unenforceable. The most effective way to limit speed is to have narrow trails with natural obstacles. Totem Trail is an excellent example, and I sincerely hope it remains that way. The second point is your appar- ent belief that mountain biking should require no skill and no judgement, that all trails must be rideable by all levels of ability. There already exists an abundance of easy trails for amateur bik- ers in the Bay Area, and even inside of El Corte de Madera. But El Corte de Madera is the only place left with any technical trails. I can't understand why you would promote the "dumbing- down" of all of your trails in spite of the near-unanimous opposition of your constituents. My second concern is the proposed removal of the"Aerial Tree",the fallen tree crossing the creek at the South end of the preserve. I expected this trail to be closed, and I do not object to it being closed. But I cannot believe that you would willfully destroy one of the most beautiful features of the park. I've seen people take pictures of this tree! To remove it in the name of"public safety" is disgusting. If someone endangers himself climbing on the sandstone formations, will you remove them too? The Aerial Tree has come to symbolize all that is beautiful about the park. If you remove it,it will be a public relations disaster for you. The fact that you would even propose it destroys all of your credibility regarding the protection of the park. Please listen to your constituents and modify your trail play before more damage is done. Your bulldozers and chainsaws are doing more damage than mountain bikes could ever do. Sincerely, Eric Oj��� 32 Hillbrook Dr Portola Valley, CA 94028 eo@c-cube.com • Regional Open She 2 ^� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 29, 1996 DRAFT RESPONSE PREPARED BY STAFF Mr. Eric Ojard FOR BOARD CONSIDERATION 32 Hillbrook Drive Portola Valley, CA 94028 Dear Mr. Ojard: The District's Board of Directors considered your August 6, 1996 letter concerning the changes at El Corte de Madera Creek Open Space Preserve at their Regular Meeting last night. The changes which are currently occurring at El Corte de Madera Creek Open Space Preserve follow a nearly two year planning process involving a citizen task force and numerous public workshops and public meetings. The trail plan for the preserve was adopted by the Board of Directors at their June 26, 1996 meeting. Implementation of Phase I of the plan is currently underway. The trail construction will occur in a variety of ways, using a trail machine, a dozer, and volunteer and staff trail crews. Staff will assess each traill construction project and determine the best method to use to build the trail. Factors which affect the determination include, among other concerns, resource impact, cost, and timing. The Chinquapin Trail was constructed using a trail machine at the upper and lower end, and a dozer for the middle section. The decision to use the dozer was based on the size of the job to realign the old roadbed, restore the deeply eroded route being used as a trail, the time it would require, and the cost. The resulting trail is wider than the segments built with the trail machine. e9 � g g It will not remain this width. Instead, it will become a narrower trail as the surrounding vegetation encroaches. In the future, the route will be maintained at the same width as the narrower segments which were constructed using a trail machine. Your second concern has to do with the removal of the `aerial tree' crossing of El Corte de Madera Creek. The plan calls for the closure and restoration of the trail on either side of the creek, including removal of the tree. The closure of the trail has been in effect for several weeks. An alternate creek crossing is located nearby. Sincerely, Mary Davey, Vice-President Board of Directors cc: Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,.Mary, C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton RESPONSE ACT104 PROPOSED RT STAFF • Board President Acknovledgo/Respond From: Jobst Brandt <jbrandt a?hplansz.hpl.hp.eom> Director Aeknovled=e/Respond Subject: Alpine Road J Y ScatC Acknowledge/Respond To: mrosdneteom.com (Malcom Smith) Draft Response Attached Date: Thu, 15 Aug 1996 15:11:59 PDT Staff to he Directed to Prepare Draft Response for Board Consideration per Board Direccive(s) 15 Aug,1 96 so Response Necessary 7 Dear MROSD Board, i As you can see from my attached letter. I predicted the damage to Alpine road, only that it was worse than I had anticipated. After you forwarded my subsequent letter about that damage to the county, I got an irate call from the maintenance department claiming they had neither graded nor done any maintenance on the road and that it was an act of nature. As it turned out, this was said with the large mental reservation, that no work had been done this year. immaterial as that is. I sensed great hostility from the person I talked to and hope that this ill will is not a sign of how the county feels about the road. As you may recall, I asked of you was that the road not widened and some drain cuts be made in critical places instead of grading all drains to oblivion and widening the road. I hope the county continues to maintain this road as a fire and emergency access road. As you know, it is one of the major recreational routes to Skyline Blvd for many residents of the valley. My concern is that there be a friendly dialog between MROSD and the County Road Department to arrive at a constructive plan for maintaining the road. As you may recall, I and volunteers kept the road working through the ten years that the county turned their backs on it. Please try to keep this road in working order through communications with the county. The big slide is repairable in reasonable manner with a bit of dozer work but without drainage all is for naught. Even the repaired lower big slide of the past, currently has insufficient drainage as is evident from the mud hole it and "mud turn" a 1/4 mile up the road become in winter. Sincerely, Jobst Brandt <jbrandt cr hpl.hp.com> (415) 857 6680 bus (415) 323 1549 res 351 Middlefield Rd. Palo Alto CA 94301 --------------------------------------------------------------------- 20 Nov 95 Dear MROSD board As the wet season approaches, I am concerned about the maintenance of Alpine road, that although bordering the district, is still a county road. This year the county performed major grading and widening work on the 1 11.71 unpaved portion, and in the process, removed many drains and gutters that had previously kept water from ruttinv, the road, while the increase in width will serve to collect more water. As you may know, I and some volunteers have shoveled drains on the closed part of Alpine road for more than ten years with a modicum of success. The grading by the county this summer, has reversed this trend by covering culverts and drainage that have worked for years. As a result, winter damage will most likely become severe without substantial gutter grading and the addition of several new culverts. For me and volunteers to pick up the pieces by hand shovel, is a nearly insurmountable task, with practically no trace of our previous years of work remaining. I would appreciate some exchange between MROSD and county maintainers to prevent severe winter road erosion. Sincerely, Jobst Brandt <jbrandtghpl.hp.com> (415) 857 6680 bus (415) 323 1549 res 51 Middlefield Rd. Palo Alto CA 94301 Regional Open ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION August 29, 1996 Mr. Jobst Brandt 351 Middlefield Road Palo Alto, CA 94301 Dear Mr. Brandt: The District's Board of Directors reviewed your August 15, 1996 letter concerning closure of Alpine Road. We agree with you that this road is an important recreational link between the communities of the midpeninsula and the Skyline Boulevard corridor. In early July, the District's General Manager sent Mr. Neil Cullen, County of San Mateo's Director of Public Works, a letter outlining the District's concerns about the permanent closure of Alpine Road. A copy of the letter is enclosed. As you can see, the District is very interested in seeing this route remain open for recreational uses. In addition, at our September 25, 1996 regular meeting we plan to consider an item regarding this issue. Please call the District office on or after September 20, 1996 to confirm the item is on the September 25, 1996 agenda. You are also welcome to attend the meeting and address the Board on this issue. Sincerely, Mary Davey, Vice President 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 August 19, 1996 AUG 2 01995 RESPONSE ACTION PROPOSED RT STAPP Directors Board President AcknavladRe/Respond Mid-Peninsula Regional Open Space District Director ACknovled Re/Respond Staff Atknovled Se/Respond 330 Distel Circle Draft Response Attached Los Altos, California 94022 Staff to be Directed to Prepare Draft Response for Roard Considerstian per Board Directivs(a) No Response Necessary Dear Directors, I live adjacent to Purisima Creek Open Space Preserve and am a regular user of the Open Space parks running along Highway 35, Skyline Boulevard, in Woodside. I am aware of the many changes facing these parks, as outlined in your overall plan. I have also begun to see these changes implemented on the trails I use every week. It would seem that in the recent months there has been an increase in the funds spent on these parks. I have recently noticed the placement of new trailhead signs at the Skyline entrances to trails in El Corte de Madera Open Space. Additionally, the presence of park rangers seems to have been stepped up, as have their efforts to place fencing and trail closure signs throughout the acreage. My request is that while this increase in spending is still happening, perhaps your organization could seriously consider placing a pay telephone as well as some bathrooms in the Skeggs Point parking lot. In case of an emergency, which I have witnessed while in the park, the closest public telephone is at, I believe, the Kings Mountain Fire Station. Also, patrons at these preserves are being forced to relieve themselves on the very trails you are trying to environmentally restore and preserve. I believe the only bathrooms which I have seen are located at the base of Purisima Creek trail. If you climb down the hillsides surrounding Skeggs Point, they are littered not only with trash, but with human waste. enjoy having access to these trails, and I want to keep them environmentally sound. But they are also "in my backyard."And I have an even greater concern about keeping that clean. Thank you for giving your attention to this matter. Sincerely, Maria Seamans Regional Open Sp e -------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 8, 1996 Neil R. Cullen Director of Public Works County of San Mateo 10 Twin Dolphin Drive Suite C-200 Redwood City, CA 94065-1065 Subject: Permanent Closure of Alpine Road East of Skyline Boulevard Dear Mr. Cullen: I am writing in response to your letter of July 2, 1996, indicating the possibility of the County abandoning the portion of Alpine Road east of Skyline Boulevard. The District recognizes the practicality of permanantly closing the road to motor vehicles. However, we encourage the County to retain the right of way due to its importance as a bicycle and trail connection to Skyline Boulevard. Alpine Road currently functions as the only safe, easily negotiable connection to the Skyline area for bicyclists and other trail users. Any County-wide transportation planning must recognize the importance of this alignment serving the bicycling community. We understand your department has recognized Alpine Road's value as a bicycle connection by applying for an ISTEA grant to create a paved bike trail on Alpine Road to allow road bikes to access Skyline Boulevard without having to contend with vehicular traffic on alternative less safe alternatives. While the grant was unsuccessful, we commend your Department for the effort and encourage you to retain and maintain Alpine Road as a county bicycle and hiking route. We are also hopeful that the County secured FEMA funds to repair the current erosion and slide damage to the road. If your department is interested in preparing another grant application for this project, the District would be happy to support the effort. In the interim, we respectfully request that you repair and continue to maintain the road in sufficient condition to allow use by bicycles, equestrians, hikers, and emergency vehicles. S, ely, r L. raig Britton, �- General Manager cc: MROSD Board of Directors Berry Stevens, ROMP 330 Distel Circle • Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 • E-mail:mrosd®netcom.com 0 Board of Directors:Pete Siemens..,mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit GeneraiNtanager:L.Craig Britton Regional Open S. e 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i DRAFT RESPONSE PREPARED BY STAFF August 29, 1996 FOR BOARD CONSIDERATION Ms. Maria Seamans 307 County Road Woodside, CA 94062 Subject: Public Facilities at Skeggs Point Dear Ms. Seamans: The District's Board of Directors considered your August 19, 1996 letter at our Regular Meeting last night. Your request to consider the installation of a pay phone and public restrooms at Skeggs Point is legitimate. While many of the visitors to the adjacent El Corte de Madera Creek Open Space Preserve use the Skeggs Point parking lot, the parking area is actually owned and managed by Caltrans. We will pass your concerns and request along to them. We are currently implementing a trail plan for El Corte de Madera Creek Open Space Preserve. As a part of that process, we have installed large signboards at the key trailheads to inform the preserve users of our trail building activities. We are also about to begin an extensive planning process to design a parking area for the preserve. Our parking area design will include a restroom. In your letter, you mention using the Purisima Creek Redwoods Open Space Preserve. There are three parking areas at that preserve, all of which have restrooms immediately adjacent to the parking area or within a 1/4 mile walk of the parking area. We anticipate the parking area for El Corte de Madera Creek Open Space Preserve will be designed in a similar fashion. Sincerely, Mary Davey, Vice President 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 Ii Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-96-91 Meeting 96-18 August 28, 1996 AGENDA ITEM Approval of Public Affairs Program - Operations Program Staffing Reorganization, Creation and Approval to Fill Operations Analyst Position, and Apdoval of Revisions to Public Affairs Assistant Job Specification GENERAL MANAGER'S RECOMMENDATIONS----- 1. Approve the transfer of the Visitor Services Supervisor, Docent Coordinator, and Volunteer Coordinator positions from the Operations Program to the Public Affairs Program. 2. Approve the creation of a full-time Operations Analyst position, including adopting the attached job specification for the position, assigning it a salary range of Step Number 251 to 276 with a corresponding monthly salary of$3,429 to $4,398, and adding the position to the District's position classification plan. 3. Authorize staff to fill the Operations Analyst position. 4. Approve the revisions in the Public Affairs Assistant job specification. BACKGROUND i In May 1996, the Board approved the conversion of the half-time Volunteer Coordinator position to a full-time position (see Report R-96-55). In that report, I stated that staff would be returning to the Board with other proposed staffing changes. DISCUSSION Transfer of Visitor Services Suprvisor, Docent Coordinator, and Volunteer Coordinator Position from Operations to Public Affairs Program The volunteer and docent activities offered by the Visitor Services subprogram are closely aligned with the Public Affairs Program objectives to expand community outreach and enhance the public's awareness of the District. In addition, the increase in docent and volunteer activities and the development of the District's environmental education program have stretched management staff resources in the Operations Program. For these reasons, staff recommends moving the Visitor Services subprogram to Public Affairs. The Public Affairs Manager will supervise the Visitor Services Supervisor. The Visitor Services Supervisor will continue to supervise the Docent Coordinator and the Volunteer Coordinator. Since the Visitor Services Supervisor will be giving up the portion of her current position dedicated to providing administrative support to the Operations Manager and the entire Operations Program, she will be able to focus on various public affairs projects. 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 R-96-91 Page 2 Initially, the Visitor Services Supervisor will allocate 25% of her time to public affairs projects and 75% of her time to the volunteer and docent programs. Modification of Public Affairs Assistant Job Specification The modifications in the Public Affairs Assistant job specification more accurately reflect the current job duties, as well as additional job responsibilities resulting from the proposed reorganization. The proposed job specification is attached. The salary range for the position will remain the same. Staff is currently in the process of filling this position because of the retirement of incumbent Public Affairs Assistant Jo Combs. Creation and Authorization to Fill Operations Analyst Position The transfer of the Visitor Services Supervisor position to the Public Affairs Program will create a void in administrative support in the Operations Program. Staff is proposing the creation of a full-time Operations Analyst position. The person filling this position will initially help address the backlog of administrative projects that currently exists in the Operations Program. Specific projects and activities that will be included in the Operations Analyst job duties and responsibilities are: researching and drafting Operations Program board reports and correspondence; providing administrative support for the parking citation system; overseeing the special uses and permit system; researching and drafting new or updated field procedures; researching, recommending, and coordinating field staff training programs; acting as staff liaison to municipal courts; administering the employee residence program; assisting with the development, implementation, and monitoring of management agreements; providing additional administrative support for the area superintendents; and assisting with the preparation of the program budget. The proposed job specification is attached. The recommended salary range for this position is Step Number 251 to 276 with a corresponding monthly salary of$3,429 to $4,398 and an annual salary of$41,150 to $52,772. This salary range is equivalent to the Administrative Analyst position in the Administration Program. Staff will begin the hiring process for this position as soon as possible after the position is approved. Budget Implications The Visitor Services subprogram budget will remain in the Operations Program for the remainder of fiscal year 1996-1997, and will transfer to the Public Affairs program in fiscal year 1997-1998. The addition of the Operations Analyst position will not require augmenting the Operations Program salary and benefits budget because of vacancies this fiscal year in several of the regular classified positions. Prepared by: Jean Fiddes, Administrative Services Manager Malcolm Smith, Public Affairs Manager Deirdre Dolan, Administrative Analyst Carleen Bruins, Visitor Services Supervisor Contact person: L. Craig Britton, General Manager t 1 r DR AFT MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OPERATIONS ANALYST DEFINITION To perform a variety of professional, technical, and analytical work involved in the implementation of the District's field operations programs,including patrol,maintenance,special use permits,and employee residence programs; and to perform a wide variety of general administrative tasks and special projects. SUPERVISION RECEIVED AND EXERCISED *Receives general direction from the Operations Manager. EXAMPLES OF IMPORTANT RESPONSIBILITIES AND DUTIES - Important responsibilities and duties may include, but are not limited to, the following: *Coordinate the use of District preserves for special events,such as camping,equestrian and running events, weddings, and commercial filming and photography. Oversee the special use permit system. Coordinate the renewal of special use agreements for activities such as hang gliding, paragliding, and rescue dog training. •Research field operations procedures at similar agencies and recommend changes to District procedures. Work with operations manager and field supervisors to revise field operations policies and procedures as necessary. •Research field staff training needsand opportunities;recommend appropriate training;coordinate scheduling of training sessions; coordinate staff training programs with neighboring agencies. *Act as a liaison to municipal court districts; inform staff of changes to court procedures; coordinate administrative review process for parking citations. •Assist with the development, implementation, and management of agreements, such as mutual-aid, radio dispatching, and site management. •Administer the employee residence program; draft contract amendments, process annual rental adjustments, draft new rental agreements, monitor utilities costs and associated claims. •Participate in budget development, administration, and monitoring. •Conduct surveys and research of other agencies' field operations programs; collect, monitor and analyze data; provide management level analysis of issues. •Respond to inquiries from the general public related to field operations. •Prepare and/or edit technical and board reports, memos, correspondence, manuals, and other documents. •Perform related duties and responsibilities as required. QUALIFICATIONS Knowledge of: •Principles and practices of park and open space administration and field operations. •Basic park law enforcement practices. •Word processing, spreadsheet, and database computer applications. •Applicable Federal, State and local laws, codes and regulations. Ability to: •Coordinate multiple activities and projects. •Gather, organize, and analyze information and make recommendations. •Write policies and procedures. •Interpret and apply District policies, procedures, rules, and regulations. •Work independently as well as in a team environment. oCommunicate clearly and concisely, both orally and in writing. •Establish and maintain effective working relationships with those contacted in the course of work. (Operations Analyst...cont) Experience and Training Guidelines Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience• Three years of professional park or open space operations experience, in conjunction with general administrative experience, preferably in a public organization. Training: Equivalent to a Bachelor's degree from an accredited college or university with major course work in park management, public or business administration, or a related field. This is an exempt position. DRAFTMIDPENINSULA REGIONAL OPEN SPACE DISTRICT PUBLIC AFFAIRS ASSISTANT DEFINITION To perform a variety of general clerical and technical duties supporting the District's public affairs, volunteer, and docent programs and services, and to provide highly complex staff assistance to the public affairs manager, the visitor services supervisor, and the volunteer and docent coordinators. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from the public affairs manager. EXAMPLES OF IMPORTANT RESPONSIBILITIES AND DUTIES - Important responsibilities and duties may include, but are not limited to the following: •Perform general clerical support functions, including processing and writing routine correspondence, maintaining computer databases, processing and distributing press releases, and other clerical tasks as assigned. •Maintain calendar and schedules of volunteer, docent, and public affairs events, presentations, publication deadlines, meetings, and other activities. •Contact groups, agencies, and organizations to solicit opportunities for District presentations or displays. •Track and maintain inventory of District publications, and work with vendors to revise and print as needed. •Process purchase orders and other administrative documents. •Coordinate reservations for scheduled hikes, tours, and school group activities. •Provide information and assistance to members of the general public, the media, and outside institutions and organizations. •Organize and maintain filing systems, slides, photographs, and audio/visual equipment. •Assist with organizing public relations activities and functions, including publicity and promotional plans and strategies. •Assist with writing, editing, and coordinating mailing of District periodicals or other materials, make some public presentations, and occasionally staff the District display at public events. •Assist with the development and implementation of special events. •Maintain and distribute publication clippings on all information that pertains to the District. •Perform related duties and responsibilities as required. QUALIFICATIONS Knowledge of: •Modern office procedures, computer equipment, and software applications. *Computer database management (for various mailing lists and tracking volunteer activities). •English usage, spelling, grammar, and punctuation. •Basic principles and practices of print production. •Basic principles of public relations. Ability to: •Perform complex clerical work involving the use of independent judgment and personal initiative. •Operate and use a variety of modern office equipment, including a computer and various applications. •Communicate clearly and concisely, both orally and in writing, with other staff members and the (Public Affairs Assistant...cont) public. *Establish and maintain cooperative working relationships with those contacted in the course of work. *Be comfortable and confident in front of the public, including making presentations, staffing a display, answering questions, or in other public contact situations. Experience and Training Guidelines Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience; Three years of responsible public relations and clerical experience that includes significant public contact, preferably in a public relations or related environment; some level of experience in a public agency is desired. Training; Equivalent to an Associate of Arts degree from an accredited college with coursework in communications, journalism, recreation, park management, or related field. This is a non-exempt position MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT PAYPLAN 1996-19970 Effective 4/l/96 Amended 8/22/96 MONTHLY* ANNUALLY* CLASSIFICATION STEP NO. MIN-MAX MIN-MAX Receptionist 196 - 221 1984 - 2544 23,806 - 30,530 Administrative Clerk 200 - 225 2064 - 2647 24,773 - 31,770 Open Space Technician* 213 - 238 2350 - 3013 28,194 - 36,157 Farm Maintenance Worker 213 - 238 2350 - 3013 28,194 - 36,157 Secretary 214 - 239 2373 - 3043 28,476 - 36,519 Lead Open Space Technician 218 - 243 2469 - 3167 29,632 - 38,001 Planning Technician 221 - 246 2544 - 3263 30,530 - 39,153 Public Affairs Assistant 221 - 246 2544 - 3263 30,530 - 39,153 Office Manager/Sec'y to G.M. 224 - 249 2621 - 3362 31,455 - 40,339 Ranger 226 - 251 2674 - 3429 32,087 - 41,150 Accounting Specialist 229 - 254 2755 - 3533 33,060 - 42,397 Docent Coordinator 229 - 254 2755 - 3533 33,060 - 42,397 Volunteer Coordinator 229 - 254 2755 - 3533 33,060 - 42,397 Equipment Mechanic-Operator 236 - 261 2954 - 3788 35,445 - 45,455 Open Space Planner 2 236 - 261 2954 - 3788 35,445 - 45,455 Administrative Assistant 242 - 267 3135 - 4021 37,625 - 48,252 Supervising Const. & Maint. Ranger 243 - 268 3167 - 4061 38,001 - 48,734 Supervising Patrol Ranger 243 - 268 3167 - 4061 38,001 - 48,734 Operations Analyst 251 - 276 3429 - 4398 41,150 - 52,772 Administrative Analyst 251 - 276 3429 - 4398 41,150 - 52,772 Open Space Planner 2I 251 - 276 3429 - 4398 41,150 - 52,772 Resource Management Specialist 251 - 276 3429 - 4398 41,150 - 52,772 Support Services Supervisor 251 - 276 3429 - 4398 41,150 - 52,772 Visitor Services Supervisor 251 - 276 3429 - 4398 41,150 - 52,772 Area Superintendent 258 - 283 3676 - 4715 44,118 - 56,579 Real Property Representative 261 - 286 3788 - 4858 45,455 - 58,293 Research Attorney 261 - 286 3788 - 4858 45,455 - 58,293 Senior Planner 261 - 286 3788 - 4858 45,455 - 58,293 Administrative Services Manager** 274 - 299 4311 - 5529 51,732 - 66,343 Public Affairs Manager** 274 - 299 4311 - 5529 51,732 - 66,343 Operations Manager** 281 - 306 4622 - 5928 55,464 - 71,140 Planning Manager** 281 - 306 4622 - 5928 55,464 - 71,140 Land Acquisition Mgr.** 281 - 306 4622 - 5928 55,464 - 71,140 #` Does not include Board appointees: General Manager, Legal Counsel, Controller * The salary range for Seasonal Open Space Technician is $11.11 to $12.27 per hour with actual individual rate to be determined at time of hire. Range is 20 points to 10 points below Open Space Technician range. **Range of three points to five points to be added to base salary as approved by the General Manager for Assistant General Manager assignment. Forty hours per week basis. Regional Open ce 1, R-96-90 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-18 August 28, 1996 AGENDA ITEM Approval of Sick Leave Conversion Program for District Emplo ees Represented by S.E.I.U. - Local 715 4 GENERAL MANAGER'S RECOMMENDATIONS`— 1. Approve the implementation of a sick leave conversion program, effective August 28, 1996, whereby District employees represented by S.E.I.U. - Local 715 who leave the District in good standing with a minimum of 10 years of service receive a cash payout of accrued sick leave as follows: 20% of accrued sick leave for 10 to 15 years of service; 25% of accrued sick leave for 16 to 20 years of service; and 30% of accrued sick leave for 21 or more years of service. 2. Direct the General Manager to execute a sideletter to amend the Memorandum of Agreement between S.E.I.U. - Local 715 to incorporate the sick leave conversion program. DISCUSSION The Board approved a sick leave conversion program for the District's office, supervisory, and management staff on March 27, 1996 (see Report R-96-36). The program allows a staff member who leaves the District in good standing with a minimum of 10 years of service to receive a cash payout of accrued sick leave as follows: 20% of accrued sick leave for 10 to 15 years of service; 25% of accrued sick leave for 16 to 20 years of service; and 30% of accrued sick leave for 21 or more years of service. On May 23, 1996, Ms. Beth Winters, Senior Field Representative for Local. 715, requested that the District meet and confer over the sick leave conversion program. Local 715 represents the District's Rangers, Equipment Mechanic-Operators, Lead Open Space Technicians, Open Space Technicians, and Farm Maintenance Worker. In a letter dated June 28, 1996, Ms. Winters formally requested that the District extend the existing sick leave conversion policy to the bargaining unit members represented by Local 715. She stated the extension of this plan to the bargaining unit members would demonstrate good faith and harmony and would not monetarily change the negotiated package in the Agreement between S.E.I.U. Local 115 and the District for the period of April 1, 1995 - March 31, 1997. The purpose of the sick leave conversion program is to reward staff who have been able to conserve sick leave accruals during their tenure with the District, and to provide an incentive for employees to use sick leave time responsibly. The formula for the program bases the reward on length of service with the District rather than retirement, recognizing that the 330 Distel Circle . Los Altos, CA 94022-140 4 � Phone:415-691-1200 . FAX:415-691-04$5 gi E-mail:mrosdQnetcom.com Board of Directors:Fete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanho,Betsy Crowder,Wien de Wit General Manager:L.Craig Britton R-96-90 Page 2 District is a fairly young agency and that District employees are relatively young and may work 10, 15, or even 20 years for the District and not retire upon termination. It is not possible to predict the annual cost of this sick leave conversion program, since it is dependent upon which employees terminate in a given year, if any, and how much accrued unused sick leave those employees have at the time of termination. As a way of estimating the District's potential liability for the bargaining unit members under this program, a sick leave payout was calculated for four members with 10 or more years of service. If these four employees terminated from the District under this program today, the total sick leave payout would be approximately $4,000. I recommend you approve the sick leave conversion program for the staff represented by Local 715. Your approval is mutually beneficial to both parties involved and demonstrates your commitment to reach out to build and improve working relationships with members of the District's field staff. While I recommend this action, I do not want it to be viewed by Local 715 as precedent setting for re-opening a negotiated contract on monetary issues, since both sides benefit from the certainty that a negotiated financial package will be in effect for the period agreed to in our Memorandum of Agreement. Prepared by: Jean Fiddes, Personnel Officer Contact person: L. Craig Britton, General Manager l Regional Open S c R-96-89 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-1 8 August 28, 1996 AGENDA ITEM Approval of Residential Rental Agreement for the historic Thornewood Residence, Thornewood Open Space Preserve GENERAL MANAGER'S RECOMMEND N Adopt the attached Resolution accepting and authorizing execution of the Residential Rental Agreement with Jim Steinmentz for the historic Thornewood Residence at Thornewood Open Space Preserve. DISCUSSION In 1978, the District acquired the historic Thornewood property by gift from the Sierra Club Foundation (see report R-78-32). From June of 1981 through November of 1995, Tom and Claudia Gano leased the property from the District (see report R-81-33). During the Gano's lease, the property deteriorated and many of the renovations begun were not completely constructed or were not consistent with the historic character. The property has been vacant since the Gano's departure in November of 1995. To avoid further deterioration of the structures and improve property security, a six month rental agreement has been negotiated with Mr. Steinmetz, with the possibility of continuation on a month-to-month basis. This agreement will provide a tenant presence on the property and begin repairs of the main residence. This interim rental agreement allows the District to pursue a long term historic lease of the Thornewood Estate. A long term lease is expected to involve a more serious financial committment to restoration. Mr. Steinmetz may be considered as a potential long term lessee; however, this interim rental agreement will be a test of some new methods for providing a successful public-private partnership on the renovation of a historic property. The main elements of this rental agreement are as follows: 1) The main residence will rent for $1,800 per month with a rental credit provision not to exceed $1,200 per month for District pre-approved renovation and repair projects. The District will receive at least $600 per month as rental (enterprise) income. 2) This agreement requires obtaining permits and using licensed contractors on renovation and repair projects when appropriate. 3) Mr. Steinmetz will be required to hire a qualified inspector designated by the District to scope and review all renovation and repair projects. 4) District will have the right to use the Thornewood Estate for up to six (6) docent or District sponsored gatherings or tours during any calendar year. 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,Tema Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-96-89 Page 2 5) Mr. Steinmetz will provide liability insurance for his use of the property. The proposed rental agreement will improve security at the Thornewood residence, prevent further deterioration of the structures and begin repairs of the main residence. USE AND MANACLFbJEha This rental agreement has been reviewed by the planning staff and is consistent with the Preliminary Use and Management Plan for Thorriewood Open Space Preserve. CEQA COMPLIANCE This action is not considered a project under CEQA. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same i FULL TEXT OF RESIDENTIAL RENTAL AGREEMENT IS AVAILABLE AT DISTRICT OFFICE i RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF RESIDENTIAL RENTAL AGREEMENT AND AUTHORIZING GENERAL MANAGER TO EXECUTE SAID RESIDENTIAL RENTAL AGREEMENT AND ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE TRANSACTION, (THORNEWOOD OPEN SPACE PRESERVE - HISTORIC THORNEWOOD RESIDENCE) 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 Residential Rental Agreement between Jim Steinmetz and the Midpeninsula Regional Open Space District dated August 20, 1996, a copy of which is attached hereto and by reference made a part hereof. Section Two. The General Manager is authorized to execute the Residential Rental Agreement on behalf of the District. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. i i RESIDENTIAL RENTAL AGREEMENT THIS AGREEMENT is made and entered into this 20th day of August, 1996, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District") , and JIM STEINMETZ (hereinafter called "Tenant") . RECITALS A. District is the owner of that certain real Premises improved with a two-story, one-bedroom, two-bath main house with attached bedroom and bath (outside access) , and outbuildings including a garage and 4 to 5 apartments or units (uninhabitable and not to be occupied) contained in three separate structures, situated within a leasehold area of approximately 3 acres, located at 895 La Honda Road, County of San Mateo, State of California, with a mailing address of , Woodside, CA 94062, and as more particularly outlined in red on Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises") , together with the appliances and other personal property currently on the Premises which are listed in Exhibit "B" attached hereto (the "personal property") . B. District desires to lease the Premises to Tenant, and Tenant wishes to hire the Premises from District, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. Lease of Premises. District hereby leases the Premises to Tenant, and Tenant hereby hires the Premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein. Tenant shall also be entitled to use the personal property during the term of this Agreement, subject to the provisions hereinbelow set forth. Due to their poor and unsafe condition, the residential outbuildings shall not be occupied, and may be used only for storage, except with the prior written permission of the District. 2. Term. The term of this Agreement shall commence on September 1. 1996, and shall continue for a period of six months, through March 1. 1997. Based on mutual written agreement, the term may be extended for an additional six (6) month term or continue thereafter on a month-to-month basis until (a) thirty (30) days after delivery by either party to the other of written notice of a desire to terminate this Agreement, or (b) termination pursuant to the provisions of this Agreement as hereinafter, set forth. Page 1 3 . Rent. Tenant shall pay to District each month as rent for the Premises the sum of one Thousand-Eight Hundred Dollars ($1,800. 00) . Said rent shall commence on September 1. 1996, and shall be payable in advance on the first day of each month during the term of this Agreement to District at 330 Distel Circle, Los Altos, CA 94022, or at such other address as District may from time to time designate in writing to Tenant. District may increase or decrease the amount of monthly rent payable by Tenant to District upon thirty (30) days prior written notice to Tenant. Subject to Paragraph 5 below, rent shall be payable only by personal check, cashier's check, money order, or in cash. District and Tenant further agree that, pursuant to Civil Code Section 1942.1, and as set forth in Paragraph 7 of this Agreement, Tenant may undertake to improve, repair or maintain the Premises and receive a rent credit as part of the monthly rent as required herein. 4. Late Payments. Tenant and District acknowledge and agree that in the event that Tenant fails to pay rent on or before the fifth (5th) day after the date due, District will incur damages due among other things to increased accounting costs and collection costs, the amount of which would be imprac- ticable and extremely difficult to fix. Tenant therefore agrees to pay five percent (5%) of each such late payment as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payment. Such liquidated damages shall be deemed additional rent and shall be due together with rent for the delinquent period. 5. Dishonored Checks. In the event a personal check given by Tenant to District for payment of rent shall be dishonored due to insufficient funds, District agrees to make one attempt to redeposit the first (and only the first) of such dishonored checks. In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Tenant shall, after written notice from District so requesting, make all future rent payments to District by cashier's check, money order, or cash only, and if any such future payment is made in cash, shall deliver the same in person to District's business office at the address set forth in Paragraph 3, as the same may be changed by District from time to time. 6. Security Deposit. Tenant has deposited with District the sum of One Thousand-Eight Hundred Dollars ($1,800.00) (the "Deposit") as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement to be performed and observed by Tenant. District shall be entitled to use the Deposit or any portion thereof to remedy any default in payment of rent by Tenant, to clean the Premises upon termination of this Agreement, and to repair any damage to the Premises resulting from Tenant's occupancy of the Premises. District Page 2 shall return to Tenant within two weeks after the latter of termination of this Agreement or Tenant's vacation of the Premises, the entire amount of the Deposit, without interest thereon, less only such sums as District is entitled to apply against unpaid rent, cleaning the Premises, and/or repairing any damage thereto. District shall not be required to keep the Deposit separate from its general funds. Tenant may not apply the Deposit to rent due under this Agreement without District's prior consent. 7 . Rent Credit for Repair. Structural Renovation and Landscaping Work. a. Based on prior written approval by District, up to $1, 200.00 per month may be credited against the monthly rent for pre-approved renovation, repair and landscaping projects. Such credit will be provided for the Tenant's labor and out-of-pocket expenses. Labor credit will be based on the following rates: $25. 00 per hour for projects requiring skilled labor such as roof and structural repairs, including carpentry, and $15. 00 per hour for projects requiring less skilled labor such as painting, cleaning and prep work. The scope of all such renovation, repair work, and labor rates shall be confirmed in advance, in writing, by the District. General landscaping or garden maintenance will not be eligible for rent credit. b. Approval to undertake a project for credit against the rent will require preparation by the Tenant of a clear description of the work to be performed, the estimated hours, rates and categories for labor provided, breakdown of estimated expenses, and a schedule for completion, including major milestones (see Exhibit D for budget breakdown example) . C. All work shall be performed under appropriate permits and using licensed contractors when appropriate, and performed in a good and workman-like manner. d. Unless otherwise agreed in writing in advance, Tenant shall be responsible for all labor and out-of-pocket expenses to complete each repair or renovation project, including the cost of permits and fees. e. Tenant shall retain, as part of the expense of the project, a qualified inspector designated by the District, to review and approve the scope, budget, and schedule for each repair or renovation project, and to review the work at project completion or major milestone. f. Credit against the monthly rent shall be provided only upon approval of completed projects or milestones, which may include final inspection or building permit(s) . Approval shall Page 3 require approval of documentation and/or receipts for all labor and expenses (see Exhibit D for format example) . 9- The full monthly rent shall be due and payable per paragraphs 3 and 4 until the Tenant receives written notice from the District that the credit is approved. The District will make every effort to respond to requests for project approval on a timely basis. h. If the amount of the agreed-upon credit is more than the $1,200. 00 monthly maximum credit as established in sub- ' paragraph 7.a. , the credit shall be applied to subsequent monthly rent(s) . Accrual of advanced rental credit shall not exceed two (2) months of rental credit (or $2,400.00) . Said rental credit shall not apply if this Agreement terminates, expires or is abandoned by either party. District shall have no responsibility for out-of-pocket reimbursement of rental credit. i. Any adjustment in the approved credit for a project shall be based upon the project description (7.b. ) and inspection reports (7.e. ) , and shall be at the discretion of the District. 8. Public Access. Tenant will provide access for a public tour of the house and grounds, if requested by District, once every six months, based on a schedule to be arranged by the Tenant and the District. The District will be responsible for arranging and conducting any such public tour and for managing the public to protect the personal property of the Tenant. Tenant recognizes that the picnic area, as shown in Exhibit A, is available for use for District docent events, or other District- sponsored gatherings of up to 25 people. Such use will be limited to six (6) events in any calendar year, and will be coordinated with the Tenant in advance. 9. Possessory Interest Tax. Tenant acknowledges that Tenant's interest in the Premises under this Agreement may now or hereafter be subject to a possessory interest tax imposed by the County in which the Premises are situated or by other lawful governmental authority. Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Agreement. 10. Use. Tenant understands that it is District's inten- tion to preserve the open space character of the land upon which the Premises are located, and Tenant agrees to use the Premises in a manner which is consistent with such intent. Subject to the foregoing sentence, the Premises may be used as a personal resi- dence for the following named individuals only: Jim Steinmetz and David Huston, and for no other purpose without District's prior consent. Occupancy by guests staying more than fourteen (14) days Page 4 without the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Paragraph 16 below. Tenant shall be entitled to keep as pets and not for commercial purposes the following animal: two (2) caged indoor birds, and one dog, which shall be confined to the Premises. Tenant shall not do or permit anything to be done in or about the Premises nor bring nor keep anything therein which will in any way cause a cancellation of any insurance policy covering the Premises or any part hereof, or any of its contents. Tenant shall not commit or allow to be committed any nuisance or waste in or upon the Premises, and shall not permit trash or garbage of any kind to accumulate on or about the Premises. Tenant specifically agrees not to cause or permit any cutting of live trees, grading of soil, or hunting of animals in the immediate vicinity- of the Premises. Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District's "Regulations for Use of Midpeninsula Regional Open Space District Lands, " and any amendments thereto, which may now be in force or which may hereafter be promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same. Said regulations are attached hereto as Exhibit "C" . 11. Utilities. Tenant shall pay directly to the charging authority on or before the date when due all charges for any and all services and utilities supplied to the Premises. Tenant hereby acknowledges the following special conditions: water to the Premises is presently pumped from a spring not located on the Premises to a cistern which is located on the Premises, utilizing a water system which also supplies water to an adjacent resident. Tenant is responsible for electricity, propane, telephone, garbage removal, and any other services. Date: Tenant: JIM 9TEINMETZ 12 . Maintenance and Repair. Tenant accepts the Premises rn its "as is" condition. Tenant shall, at Tenant's expense, repair and maintain the Premises and every part thereof in good, safe, and sanitary condition, order, and repair. Except as specified in this Paragraph 12, District shall have no obligation to repair or maintain the Premises. In performing Tenant's obligation to repair and maintain the Premises, Tenant may receive rental credit as set forth in Paragraph 7 of this Agreement. (a) By entering into and accepting this Agreement, Tenant acknowledges and accepts that all structures and improvements on the Premises in their present condition have been vacant and in disrepair. The District makes no representations Page 5 or warranties as to the habitability or condition of the structures and/or improvements on the Premises. Tenant further acknowledges that he/she has received a copy of Inspection Report of The Thornewood House prepared by Toltec Inspection Services (18 pages) . Tenant will be responsible for all repairs and maintenance of the main house on the Premises in compliance with all applicable building codes, zoning codes and other applicable laws. Tenant will be responsible for obtaining any necessary government approvals to perform such work. I HAVE READ AND ACCEPTED THE TOLTEC INSPECTION SERVICES REPORT: Date: ZZ, Tenant: �/ JIM/tTF/fNMETZ (b) Tenant, at its own expense and in a timely manner, shall keep and perform all routine maintenance and repair on all buildings, perimeter fences, roads, springs, drains, culverts, fixtures, and any other things on or about the Premises and without any alterations or additions except such as shall be first approved in writing by District in accordance with paragraph 7 above. Tenant hereby waives all rights to make repairs at District's expense under the provisions of Section 1942 of the Civil Code of the State of California. (c) In addition to its routine maintenance responsibilities, Tenant shall be responsible for identifying Long Term Maintenance items, and notifying District of such items, taking into account the items planned for Rent Credit under Paragraph 7 herein. ("Long-Term Maintenance", as used herein, shall mean any item of protection, preservation, maintenance, and repair of the Premises or any part thereof, including the main house, outbuildings and any and all appurtenant facilities, the recurrence of which is not anticipated within the twelve (12) month period following its completion) . District may agree to perform such items of Long Term Maintenance or participate in the expense of such items, in whole or in part, at its discretion. Any items of Long Term Maintenance not deemed necessary by District or essential to District's ownership interest may be performed by Tenant, at its own expense, with advance written approval of District. (d) Subject to the provisions below, Tenant shall, at Tenant's expense, maintain the Premises and every part thereof, and the personal property, and the lawn, shrubs, and other land- scaping surrounding the Premises, in good, safe, and sanitary condition, order, and repair. Tenant shall at all times during the term of this Agreement maintain as a fire break an area at least thirty (30) feet in width, surrounding the perimeter of the structures comprising the Premises which shall be free of all low-lying brush, dry weeds, and similar flammable materials. Tenant shall maintain said thirty (30) foot fire break in compli- Page 6 ance with such reasonable standards and instructions as District shall notify Tenant of in writing from time to time. Except as set forth in Paragraph 12 (C) , District shall have no duty whatso- ever to maintain or repair all or any portion of the Premises, or the personal property, or any personal belongings or leasehold improvements of Tenant. 13 . Independent Contractors. In any agreement entered into between Tenant and any outside contractor(s) to perform work as required under this Agreement, the following language shall be incorporated: "Contractor shall act as an independent professional and not as an agent of District. Contractor shall maintain complete control of its employee(s) and subcontractor(s) , and nothing contained in this agreement or any subcontractor agreement shall create a contractual relationship between contractor or any subcontractor and District. Contractor shall perform all work in accordance with its own methods, subject to compliance with this agreement and applicable laws and regulations, and written supplemental instructions from District. " Any agreements entered into by Tenant with contractors to perform work in accordance with this Agreement must receive prior approval by District. 14. Insurance. Tenant, at Tenant's sole expense, shall obtain and keep in force during the term of this Agreement a general liability insurance policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising from Tenant's use of the Premises, or from any occurrence, in, on, about, or related to the Premises, with a single combined property damage and personal injury limit of $300, 000. All such public liability insurance shall insure performance by Tenant of the indemnification obli- gations of Tenant set forth in Paragraph 15 hereof, and the policy shall contain a cross-liability endorsement. Tenant agrees to furnish a certificate of such insurance to District, naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder. 15. Alterations. Tenant shall not make or suffer to be made any alterations, additions, or improvements to or of the Premises or any part thereof, without the prior written consent of District, except as provided in Paragraph 7 herein. All such alterations, additions, and improvements shall become and remain the Premises of District immediately upon installation or construction thereof on the Premises unless Tenant and District shall otherwise agree in writing. Tenant may, however, at his Page 7 own expense paint and otherwise enhance the condition of the Premises. 16. Liens. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. 17. Waiver of Claims. District shall not be liable to Tenant, and Tenant hereby waives any claims against District for any damage to Premises or injury or death to any person in, on, or about the Premises by or from any cause whatsoever. 18. Indemnification. Tenant hereby holds District harmless from and shall defend District from and against any and all claims of liability for damage to, Premises or injury or death to any person when such damage, injury, or death shall be caused in part or in whole by the use of the Premises by Tenant or Tenant's invitees or contractors, or from the failure of Tenant to keep the Premises in good condition and repair, or from the breach by Tenant of any other provision of this Agreement. 19. Assignment and Subletting. (a) Tenant may only sublet the one bedroom and bath attached to the main house with separate exterior access. Any and all rents received from any such subletting shall be paid to and be the responsibility of tenant. (b) Tenant shall not assign this Agreement or sublet the Premises or any interest therein, except as provided in sub- paragraph 7 (a) above, without the prior written consent of District, which consent may be withheld for any reason. 20. Damage or Destruction. In the event the Premises shall be damaged or destroyed in part or whole then District shall be entitled to elect, by written notice to Tenant, as soon as rea- sonably possible after Tenant notifies District of said damage, either (i) to repair the same and restore the Premises to sub- stantially the same condition as existed immediately prior to such damage, or (ii) to terminate this Agreement, after which neither party shall have any further liability or obligation to the other hereunder, except for liabilities or obligations which accrued prior to such election to terminate. In the event District shall elect to repair or restore the Premises pursuant to this Paragraph 20, Tenant shall not be entitled to any damages or other compensation from District from any loss of quiet enjoy- ment or for any other reason arising from District's repair or restoration activities. District shall in no event be required to repair or replace any personal property installed or maintained by Tenant in or about the Premises, including the personal property listed on Exhibit "B", and Tenant hereby Page 8 releases District from any responsibility for Tenant's personal property, furnishings, or household goods. 21. Entry by District. District shall, at any and all rea- sonable times and on reasonable notice, have the right to enter the Premises to inspect the same, to post notices of non-respon- sibility, to repair the Premises, and to exhibit the Premises to prospective tenants. Tenant hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. 22. Default by Tenant (a) The occurrence of any of the following shall con- stitute a material default and breach of this Agreement by Tenant: (i) The abandonment of the Premises by Tenant; or (ii) A failure by Tenant to observe and perform any provision of this Agreement to be observed or performed by Tenant. (b) In the event of any such default by Tenant, then in addition to any other remedies available hereunder to District or at law or in equity, this Agreement and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant. Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. (c) In addition to the remedies provided above, in the event Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement, District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection therewith, together with interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid in full by Tenant. 23 . surrender; No Relocation Rights. Upon expiration or sooner termination of the term of this Agreement, Tenant shall vacate the Premises and remove all persons and personal property therefrom, and shall surrender possession of the Premises to District with the condition of the Premises as it existed at the commencement of the term of this Agreement, subject only to rea- Page 9 sonable wear and tear and damage due to causes beyond the reason- able control of Tenant. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family, the members of which may occupy the Premises from time to time, hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et sea. , and any similar or successor statutes. Tenant shall hold District harmless from and indemnify District against any and all liabil- ity, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By his signature below, Tenant specifically recognizes and accepts the terms of Paragraph 20 of this Residential Rental Agreement. Date: 810 Tenant: JIM StEIftETZ 24 . Notices. All notices, demands, requests, or consents (collectively "notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Michael C. Williams, Real Property Rep. (415) 691-1200 (415) 691-0455 FAX Tenant: Jim Steinmetz Notice given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five (5) days after the posted date of mailing. 25. Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. District's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District's right to recover the full amount thereof. 26. Attorneys ' Fees. If an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys ' fees as fixed by the Court having jurisdiction. Page 10 27 . General. (a) This Agreement contains all of the terms, cove- nants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the Premises. This Agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest. (b) If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. (d) The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder. (f) This Agreement shall be governed and construed in accordance with the laws of the State of California. (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. IN WITNESS WHEREOF, District and Tenant have executed this Agreement the day and year first above written. "DISTRICT" "TENANT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District By: By: nc� Y L. Craig Britton Jim Steinmetz General Manager By: Date: Date: D Page 11 •� Engr Sta To La IIonda .� lA 97 -+ 6C2 � I I y F'ropos d 'rail Lands of yV P��^ ' '3 ate' c� La Honda Road I >. 'z 9 �� �� ��•�� ' Espinosa V µ' - \ Road •�F� 1 i Open Space ��= \ Area I,y -5. (10 acres) Y �' $arbecue �' ku.►+' + Area acres) 2. 3 I Home - Area I ( 3 acres) ' I j 7�'77 ��• lcJ 1 j I II � I I y I £;141 It B q' axe 1 �`c To San Gregorio THORNEWOOD I Rental Premises ! — • — Proposed Trails I Rental Boundary Access Road 1 Scale 1"=200 ' 11 Northl - Rental Premises Home & Barbecue Area Open Space THORNEWOOD Area(10 acres) Scale 1"=50 ' North ,,,,Leasehold Boundaryy I _R7htOtS1GE t L \� ' Proposed Trail Parking \ p�.rto �° i Area Driveway � as off\ �o Home \ Area mpg. ( 3 acres) �`' iftft • orc°r[ Are° ri to S �� 1 Barbecue l Area Road (o. 4 acres) '--tiX.�S.�'�.,��:rtirr���ti�}ram-:�r�:r�r��r:rti �"}�:- ;: . '.�:fir:•:::ti::�'�'�-::-:-::-}h':ti'.ti:titi��':�titi:titi EXHIBIT B List of Personal Property owned by District: propane range and oven electric refrigerator electric dishwasher paintings glass-top wrought iron table in patio antique cabinet in second floor landing area two oil paintings in living room six light sconces in living room four lighting sconces in family room washer & dryer two stools in kitchen drafting table and two desks in one of the outbuildings glass-top wrought iron table in patio refrigerator propane range and oven EXHIBIT C REGULATIONS FOR USE OF TNEEDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS (Adopted by Ordinance No. 93-1, July 28, 1993) CHAPTER I. DEFLN-ITIONS SECTION 100. TITLE. The followint, regulations shall be known as "Regulations for Use of 1M. Z2 lyfidpeninsula Regional Open Space District Lands" and may be referred to as "land use regulations. SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic 0 i Policy of the Board of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT-DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Open Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space District. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever actinc, for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, permit" or "permission" means permission, granted in writing, by the general C� I manager or an authorized representative of Midpeninsula Regional Open Space District. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula Regional Open Space District. SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Land shall s s i be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and officials shall abide by the laws of the State of California and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. .j 2 SECTION 301. y1OLATI( OF ORDINANCE. AMISDEMI OR OR INFRACTION. Any violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560). SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, i sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL.. When a section, rule, or regulation is amended or repealed, acts and commissions`occurrin t�a before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. A CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: a) accompanied by a parent or guardian; b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; c) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. 3 SECTION 401. SWINIMIN(,. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS. TRAPS, WEAPONS. AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or-into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trapor hunting device air or as weapon, paint ball u g n ammunition g thrown knife g P , P g or axe martial arts throwing devic e, or an other weap on or device. b y p ce capable of injuring or killing any person or animal, or damaging property or natural resource. mP P Y 403.2 Exceptions. This section shall not apply to: a) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; b) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; c) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or g attempt to light, build P � r , or maintain a fi re of an y nature on District Lands except yto permanent fixed barbecues, s P , camp stoves or fireplaces established by the District. A fire shall include, but not be i limited to, a :ampfire, ground fire, warming fi: ignal fire, charcoal fire, camp A stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. i 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. .407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. r� 5 SECTION 408. ASSEMBLJ . No person or group shall conduct a meeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or ` ` facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse imp act on the ec ological i cal or historical characteristics sties of an Dis trict strict Lands . b Y 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: a) is advertised or noticed in any publication, poster, or flyer; or b) requests or requires a fee be paid for participation; or c) may be attended by 20 or,more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into.any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall rollerskate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410. ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 6 410.2 Designated A. No person shall possess or cons alcoholic beverages in an area#* that has been declared by the general manager or an authorized representative prohibited area. tative to be a SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. Z C 411.2 Unauthorized Signs No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription 1D whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - REDLNG/HIKLNG TRAMS SECTION 500. RIDING/HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-wav Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction of travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the-gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. I 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 7 501.3 Carts and �,ugons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. I SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. I 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell-approved helmet for head protection, with the exception of the trails open to bicycles east of Deer Hollow Farm at Rancho San Antonio Open Space Preserve. r 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by 2mother, or enter any lands where suns forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails enterina such lands, without the'written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: a) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her went, or the person in lawful possession thereof; S l b) tear do, mutilate, or destroy any sign, sigi xd, or notice forbid,- trespass or hunting on such lands; or c) remove, injure, unlock, or tamper with any lock or any gate on or leading such lands; or d) discharge any firearm. I I CHAPTER VI. PRESERVE USES - COINMERCIAL/REVEINUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human i consumption, or distrib ute commer cial circulars, pamphlets, or flyers on Di strict I Lands except by written permission. i SECTION 601. GRAZING. I 6I 0 .l Genera l. No person shall allow cattle, sheep, goats, or any animal to raze, browse or feed graze, on District Landsexce t with th wr itten tten permission.ssion. I I SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. I I I �A 9 i i OVA CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hun 'tin . _. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, of n so or ha rm an a P y animal, liven or dead or remove destroy,stro , or in an manne Y r disturb the natural habitat of an anim Y al except b permit.Y , P YP mit. 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas onions of p San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated b the District. This s subsection shall not apply to: a) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; b) use authorized by written permit. i 701.2 No person shall allow or have'a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other livin o . a creature on District Lands, unless specifically permitted b another section of � these regulations. y i J. 10 � I 701.7 Removal of 'mal Excrement. No person resp( )le for an animal shall 00 A excrement or feces to remain in an area if it poses a health hazard, a public i or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, any other living creature, wild or domestic, on District Lands without written + permission. SECTION 702. NATURAL AND CULTURAL RESOURCES 702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory `evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove earth, rocks, sand, gravel, fossils, minerals, features of caves, or any article or artifact of geological interest or value located on District Lands. 702.4 Archeological Features, No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission (Section p p p (S o 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. .j 11 CHAPTER VM. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or.Dumpin. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands. It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. y 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, 01 placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 0 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packa Wig or construction material, carcass of a dead animal, any nauseous or offense matter of any kind, or any object likely to injure any person, damage property, or create a hazard. SECTION 801. PAR Ufa. 801.1 he�ti n . No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions-of a peace officer, ranger, or District employee, in any of the following places: a) In areas where prohibited by "NO PARKING" signs b) On any fire trail c) On any equestrian or hiking trail d) In such a place or manner as would block or obstruct any gate, entrance, or exit e) In such a place or manner as to take up more than one marked parking space in an authorized parking area y 0 f) In such a place or manner as to block or obstruct the free flow of traffic g) Within 15 feet of a fire hydrant h) Adjacent to any curb painted red i) On any District Lands after sundown except pursuant to a written permit j) In areas signed for permit parking on District Lands without a written permit k) In any other place on District Lands not designated by the District as an authorized area 12 SECTION 802. OPERATIC— OF MOTOR VEHICLES: OFF-R^ ,\D VEHICLES. j 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt bikes," and similar vehicles. 802.2 Exceptions. This section shall not apply to: a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property, or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District rangandser has reasonable grounds to believe that a vehicle has been abandoned on District L , the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 13 805.2 After Ho Jse. No person shall enter or rerr, on District Land "after hours" without a written permit issued by the District. 'The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later j payment has been authorized by the general manager or an authorized representative. 14 EXHIBIT D Project Investment Thornewood Residence Dated: Funds and Inkind Costs Total Documented Est./to be doc. In—Kind Restrooms 17,265.00 9,862.55 2,402.45 5,000.00 Well Related Work 1,998.11 9.98.11 1,000.00 Main Electrical Panel 10,810.00 7,310.00 500.00 3,000.00 Fermentation Builing 50,000.00 25,000.00 25,000.00 Washhouse 32,957.09 29,957.09 2,000.00 1,000.00 Farm House 73,000.00 45,403.791 12,596.21 15,000.00_ Winery Building 39,928.87 19,928.87 10,000.00 10,000.00 Parking Lot 5,000.00 3,000.00 2,000.00 Water Tank/Fire Prot. 1,000.00 1,000.00 Grounds 4,688.501 1,688.50 3,000.001 1 230,959.071 113,460.411 55,498.661 62,000.00 Grants County 8,000.00 County 64,000.00 State 100,000.00 State 192,000.00 Total Grants. 1 364,000.001 1 Grand Total 1 594,959.071 Cost Summary - RESTROOMS ATE CHECK#` AMOUNT RECIPIENT 08-01 -88 105 230.03 SH F, RPOSE 08-23-88 111 3.85 SAN JOSE BLUEPRINT C,_�PPESE 08-23-88 112 370.00 COUNTY OF SANTA CLARA P.I- 08-23-88 113 79.00 COUNTY OF SANTA CLARA P'EMIT 09-14-88 120 12.13 OSH S'�: PLIES 10-04-88 127 200.00 SANTA CLARA COUNTY P RMIT 10-04-88 128 220.00 JOE ACKERMAN 10- 17- 88 1 31 59.62 OSH SUPPLIES 10-26-88 137 26.17 OSH SUPPLIES _ 11 -04-88 140 21.67 SAN DOSE BLUEPR INT NT CO PIES 1 -1 04-88 141 _ 7.60 MINTON S LER S�;pPLIES 11 -21 -88 146 UMB78.50 OSH 11 -22-88 150 550.00 SANTA CLARA COUNTY PE 3M T S 11 -28-88 152 703.75 BEST BLOCK SE?TIC TANK 11 -30-88 153 11.93 SAN JOSE BLUEPRINT CGPIES 12-04-88 159 277.00 SANTA CLARA COUNTY PE.�MIT 12-12-88 160 69.74 RV CLOUD 12-14-88 162 68.37 MONTE VISTA GARDEN CTR SA 1MDBING 12-19-88 163 60.74 OSH Sl 'PLIES 12-21 -88 168 441.91 STAR 12-21 -88 169 123.00 JIM LETTIRE CC;VCRETE 01 -03-89 175 203.16 JACK HUBBY CC:yCRETE 01 -04-89 176 21.52 EMI SUPPLIES 01 -06-89 178 - 201.73 RAILWAY DIST I ELECTRICAL NC SN"ETROCK 01 -30-89 181 302.19 RV CLOUD 02-01 -89 183 600.00 JIM LETTIRE SU="PLIES 02-15-89 191 147.53 JIM LE TIRE OR 02-20-89 192 600.00 JIM LE TIRE PLIES LLA 02-22-89 195 311.12 OSH SUPPLIES 03-20-89 200 597.23 CHARLES F. GAGLIASSO SEPTIC SYSTEM 03-23-89 202 57.07 RICH VOSS MATERIALS SUt_'PLIES 03-23-89 203 59.54 STEVENS CREEK QUARRY FILM MATERIAL 03-27-89 207 561.73 CHARLES F. GAGLIASSO SEGTIC SYSTEM 03-31 -89 208 1,935.15 ALEX GROSWIRD 05-15-89 216 126.36 OSH CO;'\'TRACTOR 05-15-$9 SUPPLIES 217 99.92 RICH VOSS TRUCKING DEL;VERY 06-19-89 224 199.84 RICH VOSS TRUCKING DELIVERY 06-19-89 226 53.66 OSH SUPPLIES 12-18-89 263 79.22 OSH SUP`�LIES 12--18-89 264 90.57 SINCLAIR PAINT PA!: T 9 862.55 TOTAL Claims No. 96-15 Meeting 96-18 Date: August 28, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 728 375.00 Aaron's Septic Tank Service Sanitation Service 729 166.71 A-1 Sanitation Sanitation Service 730 234.91 Acme & Sons Sanitation, Inc. Sanitation Services 731 16.16 ASD Signs Field Supplies 732 33.89 AT & T Telephone Service 733 24.30 Bay Area Air Quality Management District Fuel Pump Permit 734 106.00 Bill's Towing & Recovery Vehicle Towing Service 735 183.50 Breon, O'Donnell, Miller, Brown & Dannis Legal Services 736 3,509.42 Callo Sign Company Preserve Signs 737 46.22 California Chamber of Commerce Resource Documents 738 55.00 California Park & Recreation Society Mailing Labels 739 371.24 California Water Service Company Water Service 740 70.00 Camino Medical Group Medical Services 741 725.98 Carsonite International Corp. Road Markers 742 310.08 Cascade Fire Equipment Company Safety Supplies 743 59.54 Coastside Proflame Propane Tank Rental 744 99.22 Bunny Congdon Reimbursement--Staff Event Supplies 745 238.83 Patrick Congdon Reimbursement--Field Supplies 746 1,471.38 William Cotton & Associates Geotechnical Consultant--Shilling Lake Spillway Repairs 747 247.50 Cupertino Senior Center Senior Center Permit--Recognition Event 748 100.03 Dermaron Corporation Poison Oak Protectant 749 437.50 Enshallah Consulting Services--Teague Hill 750 82.25 Federal Express Express Mail Service 751 56.66 Film To Frame Photo Processing and Prints 752 43.69 Franciscan Glass Company, Inc. Glass Replacement 753 24.10 G & K Services Shop Towel Service 754 598.72 Granite Rock Co. Road Repair Materials 755 54.65 Home Depot Field Supplies 756 308.75 International Press Associates Recruitment Advertisement 757 129.60 Jobs Available Recruitment Advertisement 758 111.84 Lab Safety Supply Shop Safety Signs 759 652.72 Lanier Worldwide, Inc. Photocopier Lease Agreement 760 11000.00 Leadership Midpeninsula Leadership Training--J. McCullough 761 630.00 Town of Los Gatos Construction Management Services-- Skyline Field Office 762 207.04 Lucent Technologies Telephone Service Maintenance 763 129.25 Madco Welding Supplies 764 262.91 McGrath Rentcorp Skyline Office Rental 765 228.51 MetroMobileCommunications Radio Repair and Shoulder Microphones 766 4,109.86 Milstone Geotechnical Geotechnical Services--Skyline Office 767 1,500.00 Mobile Radio Resources Radio Service 768 230.39 Moffett Supply Sanitation Supplies & Flourescent Tubes 769 157.07 Monogram Sanitation Sanitation Supplies 770 19.50 Netcom Computer Internet Service 771 49.61 Northern Energy, Inc. Propane Fuel Service Page 1 Claims No. 96-15 Meeting 96-18 Date:August 28, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 772 162.98 Office Depot Office Supplies 773 222.95 Pacific Bell Telephone Service 774 500.00 •1 City of Palo Alto Utilities Water Permit 775 50.04 Parker-Taylor, Inc. Skin Protectant Supplies 776 2,283.33 PIP Printing Printing Services 777 86.36 Pringle Tractor Company Tractor Servicing 778 2,626.00 R & R Designers Repairs and Maintenance of Bean House 779 34.13 Rayne Water Conditioning Water Service 780 3,501.57 Roy's Repair Service Vehicle Maintenance and Repair 781 1,240.74 San Francisco Newspaper Agency Recruitment Advertisement 782 1,553.64 San Jose Mercury News Recruitment Advertisement 783 42.22 San Mateo County Times Monthly Subscription 784 1,199.78 Smith Equipment Field Supplies 785 47.30 Summit Uniforms Uniform Expense 786 250.00 •2 Sunnyvale Chamber of Commerce Fact Sheet Inserts for Newsletter 787 937.50 Tac/Temps Temporary Receptionist 788 55.00 Taylor Rental Field Equipment Rental 789 2,609.70 Teater & Etc. Computerized Map Revisions and Maps 790 564.03 Therma Corp. Heating/Air Conditioning Repairs 791 225.00 The Regents of UC Berkeley Engineering Class--M. de Beauvieres 792 322.62 University Art Center Drafting Supplies 793 29.02 Vallen Supply Company Skin Protectant Supplies 794 92.95 Whitmore, Johnson & Bolanos Legal Services 795 515.00 Wilderness Graphics, Inc. Trail Signs 796 300.00 Roberta Wolfe Recording Services 797 1,296.07 The Workingman's Emporium Uniforms and Patches 798 1,675.00 Zumwalt Engineering Group Engineering Services--Weeks Road 799R 1,472-50 Wilderness Taxidermy Nature Center Exhibits 80OR 16.00 Special Districts Association Open Space Authority Meeting-C. Britton 801 R 301.66 Petty Cash Office Supplies, Maps, Vehicle Expense, Film Developing, Keys and Local Meeting Expense Total 43,682.62 *1 Urgent Check Issued August 21, 1996 •2 Urgent Check Issued August 20, 1996 Page 2 Claims No. 96-15 Meeting 96-18 Date: August 28, 1996 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 728 375.00 Aaron's Septic Tank Service Sanitation Service 729 166.71 A-1 Sanitation Sanitation Service 730 234.91 Acme & Sons Sanitation, Inc. Sanitation Services 731 16.16 ASD Signs Field Supplies 732 33.89 A T & T Telephone Service 733 24.30 Bay Area Air Quality Management District Fuel Pump Permit 734 106.00 Bill's Towing & Recovery Vehicle Towing Service 735 183.50 Breon, O'Donnell, Miller, Brown & Dannis Legal Services 736 3,509.42 Callo Sign Company Preserve Signs 737 46.22 California Chamber of Commerce Resource Documents 738 55.00 California Park & Recreation Society Mailing Labels 739 371.24 California Water Service Company Water Service 740 70.00 Camino Medical Group Medical Services 741 725.98 Carsonite International Corp. Road Markers 742 310.08 Cascade Fire Equipment Company Safety Supplies 743 59.54 Coastside Proflame Propane Tank Rental 744 99.22 Bunny Congdon Reimbursement--Staff Event Supplies 745 238.83 Patrick Congdon Reimbursement--Field Supplies 746 1,471.38 William Cotton & Associates Geotechnical Consultant--Shilling Lake Spillway Repairs 747 247.50 Cupertino Senior Center Senior Center Permit--Recognition Event 748 100.03 Dermaron Corporation Poison Oak Protectant 749 437.50 Enshallah Consulting Services--Teague Hill 750 82.25 Federal Express Express Mail Service 751 56.66 Film To Frame Photo Processing and Prints 752 43.69 Franciscan Glass Company, Inc. Glass Replacement 753 24.10 G & K Services Shop Towel Service 754 598.72 Granite Rock Co. Road Repair Materials 755 54.65 Home Depot Field Supplies 756 308.75 International Press Associates Recruitment Advertisement 757 129.60 Jobs Available Recruitment Advertisement 758 111.84 Lab Safety Supply Shop Safety Signs 759 652.72 Lanier Worldwide, Inc. Photocopier Lease Agreement 760 1,000.00 Leadership Midpeninsula Leadership Training--J. McCullough 761 630.00 Town of Los Gatos Construction Management Services-- Skyline Field Office 762 207.04 Lucent Technologies Telephone Service Maintenance 763 129.25 Madco Welding Supplies 764 262.91 McGrath Rentcorp Skyline Office Rental 765 228.51 MetroMobileCommunications Radio Repair and Shoulder Microphones 766 4,109.86 Milstone Geotechnical Geotechnical Services--Skyline Office 767 1,500.00 Mobile Radio Resources Radio Service 768 230.39 Moffett Supply Sanitation Supplies & Flourescent Tubes 769 157.07 Monogram Sanitation Sanitation Supplies 770 19.50 Netcom Computer Internet Service 771 49.61 Northern Energy, Inc. Propane Fuel Service Page 1 Claims No. 96-15 Meeting 96-18 Date:August 28, 1996 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 772 162.98 Office Depot Office Supplies 773 222.95 Pacific Bell Telephone Service 774 500.00 *1 City of Palo Alto Utilities Water Permit 775 50.04 Parker-Taylor, Inc. Skin Protectant Supplies 776 2,283.33 PIP Printing Printing Services 777 86.36 Pringle Tractor Company Tractor Servicing 778 2,626.00 R & R Designers Repairs and Maintenance of Bean House 779 34.13 Rayne Water Conditioning Water Service 780 3,501.57 Roy's Repair Service Vehicle Maintenance and Repair 781 1,240.74 San Francisco Newspaper Agency Recruitment Advertisement 782 1,553.64 San Jose Mercury News Recruitment Advertisement 783 42.22 San Mateo County Times Monthly Subscription 784 1,199.78 Smith Equipment Field Supplies 785 47.30 Summit Uniforms Uniform Expense 786 250.00 *2 Sunnyvale Chamber of Commerce Fact Sheet Inserts for Newsletter 787 937.50 Tac/Temps Temporary Receptionist 788 55.00 Taylor Rental Field Equipment Rental 789 2,609.70 Teater & Etc. Computerized Map Revisions and Maps 790 564.03 Therma Corp. Heating/Air Conditioning Repairs 791 225.00 The Regents of UC Berkeley Engineering Class--M. de Beauvieres 792 322.62 University Art Center Drafting Supplies 793 29.02 Vallen Supply Company Skin Protectant Supplies 794 92.95 Whitmore, Johnson & Bolanos Legal Services 795 515.00 Wilderness Graphics, Inc. Trail Signs 796 300.00 Roberta Wolfe Recording Services 797 1,296.07 The Workingman's Emporium Uniforms and Patches 798 1,675.00 Zumwalt Engineering Group Engineering Services--Weeks Road Total 41,892.46 *1 Urgent Check Issued August 21, 1996 *2 Urgent Check Issued August 20, 1996 Page 2 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: August 28, 1996 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 Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton r Regional Open S ee t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: August 28, 1996 TO: Members, Board of Directors FROM: L. Craig Britton, General Manager RE: District Statistics The public affairs staff keeps statistics on all of the inquiries received by the District. These include phone calls, office walk-ins, email, written correspondence, or newsletter sign-ups. In the five months since the beginning of this fiscal year, the District has received 713 such inquiries. Of those, 354 (49.6%) were from within the District. There were 223 inquiries (31%) from other cities within San Mateo and Santa Clara counties, but not within the District. The remainder came from other counties. Art and wine festivals, displays and special events, and the "random" mailings account for 53% of the sources from which people learned of the District (the `random" mailing refers to the 5,000 extra newsletters printed each quarter which are mailed to random addresses within targeted zip codes, along with a letter soliciting subscriptions to the newsletter). Attached is a breakdown of the public's sources of information about the District, as well as the geographical distribution of the people making the inquiries. The geographical distribution information is sorted by: county; all cities within the District; District wards; cities in San Mateo County within the District; cities in Santa Clara County within the District; cities in San Mateo County not within the District; cities in Santa Clara County not within the District. I think you'll find these statistics of interest. I'll provide the Board with updated statistics at the end of the fiscal year. Feel free to contact Malcolm Smith if you'd like information on these statistics. 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 Sources of Information About District District Periodicals 713 Total Inquiries 1% Nature Center`�� 11 Art 8 Wine Festivals 15% Other (repeat visit,bicycle / club/shop,sierra club, / scouts,books, drive-by) 9% Internet 4% Other Displays! Special Events 17% News paperslMagazines 6% s < 'u•. Visitors Map :. 2% a Preserve posting ' 1P ;;., Chambers of Commerce 6% Random Mailing Personal Referral 21% 8% Geographic Distribution of Inquiries to the District-Sorted By County 713 Total Inquiries Received (Note:An"inquiry"is a phone call,walk-in,email,or newsletter sign-up) Alameda County San Mateo County 2% (within District)) 12% Santa Clara County � outside District) 18% Contra Costa County 1% San Mateo County (outside District) 14% Santa Clara County Marin County (within District) <1% 38% Santa Cruz County San Francisco County 13% 2% Geographic Distribution of Inquiries to the District From Within District Only--Sorted by City 354 Inquiries in This Category(of 713 Total Inquiries) Atherton <1% Menlo Park Sunnyvale 6% Y San Carlos 13% 9% Saratoga 40% Portola Valley 1% Redwood City 9% Palo Alto/Stanford 16°% Woodside 1% East Palo Alto 1% Mountain View Los Altos 17% 11% Los Altos Hills Monte Sereno 3% 1°% Los Gatos 5% Approximate Geographic Distribution of Inquiries to the District--Sorted by Ward 354 Inquiries in This Category (of 713 Total Inquiries) Ward 1 9% Ward 7 � 16% k Ward 2 22 Ward 6 11% Ward 5 15% Ward 3 12% Ward 4 15°% Page 3 Sheetl Geographic Distribution of Inquiries to the District Within District Only, By City Within Santa Clara County 259 Inquiries in This Category(of 713 Total Inquiries) Cupertino 14% Los Altos / � 14% S Los Altos Hills :. _«. 3% 3 s Los Gatos 7% Sunnyvale 16% Monte Sereno 1% Saratoga 5% Mountain View 4� 20% Palo Alto/Stanford 20 Geographic Distribution of Inquiries to the District Within District Only, By City Within San Mateo County 95 Inquiries in This Category(of 713 Total Inquiries) East Palo Alto Atherton 4 �0 % Menlo Park 21% Redwood City 33% I Portola Valley 4% San Carlos 30% i Page 4 Sh-et 1 Geographic Distribution of Inquiries to the District Santa Clara County, Outside District-Sorted by City 120 Inquiries in This Category(of 713 Total Inquiries) f I Santa Clara Ca 3pbell 16% Milpitas 2% Morgan Hill 2°% San Jose 68% i Geographic Distribution of Inquiries to the District- San Mateo County, Outside District--Sorted by City 103 Inquiries in This Category (of 713 Total Inquiries) S.San Francisco 2% Belmont w 16% San Mateo Moss Beach 32% a �s" 1% W4 �3E Burlingame 7% Daly City 5% Redwood Shores Foster City 9% 2% Paciifica \�\ Half Moon Bay 6°% San Bruno Hillsborough 11% Milbrae 5% 5% Page 2 Regional Open S, ze MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 26, 1996 Stewart T. Springfield, Director The Walton Family Foundation, Inc . 125 West Central, Suite #217 Bentonville, AR 72712 Dear Mr. Springfield: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I 'd like to thank you for the generous contribution of $500 from the Walton Family Foundation, Inc. , requested by Greg and Carrie Penner. This gift to open space preservation and the District' s programs is very much appreciated. Donations such as yours demonstrate the cooperative effort that is necessary if we are to accomplish our goal of securing a continuous greenbelt. You can be sure that your donation will be put to good use and will help to protect open space, wildlife and natural habitats, and to enhance the positive experience of all visitors to the District' s public open space lands . Again, thank you for your dedication and efforts to help preserve open space in the midpeninsula area. Sincerely, V Mary C. Davey, Vice-President Board of Directors cc : Greg and Carrie Penner 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,Wirn de wit General*vlanager:L.Craig Britton Regional Open SiOce --------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 23, 1996 Mr. Thomas Judson 1525 West Oakland, Space 54 Hemet, CA 92543 Dear Mr. Judson: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to convey our sincere appreciation for your generous gift to Save-the- Redwoods League for a memorial grove in the District's Purisima Creek Redwoods Open Space Preserve. Your thoughtful action will het to reserve an irreplaceable art of California's g p p P p natural heritage, in lasting memory of Geraldine Judson. We are pleased to be able to provide the site for this memorial grove. 4 Again, thank you for your contribution to Save-the-Redwoods League, commemorating Geraldine Judson. For your information, I have enclosed some materials about the Open Space District. Sincerely, Mary C. Davey, Vice-President Board of Directors MCD/mcs cc: MROSD Board of Directors 1 Dave Sanl,uinetti, MROSD i Mary A. Angle-Franzini, Save-the-Redwoods League 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 � | | Save—the Redwoods League Work Request � � Oa�' ~ 23 1996 | | _ Only Typed Requests � | District Will be Accepted � | � Park Unit Pu i ima Creek Open Space Preserve � � Grove Number Originator Mary Angle—Franz ini SRL Approved Donor's Name Mr. Thomas Judson 330 Distel Circle — Attn: Mr. Craig Britton Los Altos, CA 94022 Work Request Status: New M Replacement Nature ofRequest: Grove Description"As it is To appear on Sign" 8|8N Highway Sign FU cc: Y{z, DaRoule Highway Sign Layout: Mr. Britton 3 lines Maximum 17spaoeo Max per line Grove Description"As it is to Appear on Sign" Santa Cruz Mt. Sign M Santa Cruz Sign Layout: 3 lines Maximum Grove Description"As it is To appear on Sign" 22 spaces Max. per line � Trail Sign M � BENCH 2"X48' Milled Bench r7 Not Designed for Plaque 4"x84' Milled Bench r7 Plaque r-1 Maximum Height of 5'xG[Y'Slab Bench ��� Plaque F-1 Bench back Is 14.5" � Inscription on the Plaque: Plaque will be sent Directly to North Coast Redwoods Sign Shop? Yes M No r7 Additional Donor Instructions orRequests: --------------- ---------- --------------' � Date Request Received Completion Date Delivery Date NCR28 I W E S T E R N city What Role May Cities Play in Informing Citizens on Ballot Measures? The following is an excerpt from a question-and-answer guide prepared by the League on this issue. A city official should always consult with the city's attorney concerning the propriety of any given course of conduct. Copies of the full guide are available by calling the League at 416/658-8236. Alay cities analyze the effect of ballot measures and publicize this information? Yes, cities may use public resources to objectively evaluate a ballot measure's impact on municipal government and the citizens it represents.I The results of such fair and objective analysis may be then made available to the newspapers, advocacy groups and others, who may make use of the information if they choose. May cities contribute public funds to ballot measure campaigns or use city staff, equipment and supplies to generate promotional materials on behalf of ballot measures? No, the courts have determined that allowing public agencies to "take sides" in ballot measure campaigns gives one side an unfair advantage which might distort the electoral 3 process. What is the difference between impermissible "promotional"and permissible "informational" material? There is no hard and fast rule for judging whether a communication is promotional rather than informational. Material which exhorts voters to "vote yes" is, of course, promotional; however, documents which do not contain such exhortations may nonetheless be considered promotional. Some of the factors courts look at in determining whether a publication is a "fair presentation of the facts" are the publication's style, tenor and timing.' i i The standard is a strict one: the publication must be purely informational to pass legal muster and the Fair Political Practices Commission has recently indicated an inclination to come down hard on public agencies it believes are engaged in efforts to subtly influence the voters.b When in doubt, leave any questionable language out. May a city council pass a resolution supporting or opposing a ballot measure? The decision to go on record in support of a ballot measure has been held to be a permissible expenditure of public resources.7 The decision should be made at a regular council meetini which is open to the public and hence is open to the expression of citizens' views. In a recent Fair Political Practices Commission decision, however, the Commission considered the fact a county board of supervisors had voted to support ballot measures as evidence that the informational materials generated by the county on those measures were trulyadvocacy materials.9 Public agencies may wish to evaluate which is more valuable to the public: informational materials which objectively evaluate a ballot measure's effect or a vote by the governing board indicating it supports or opposes a measure. The FPPC's decision indicates it may be difficult for public agencies to do both. What are the potential consequences of improperly using public resources? The potential consequences associated with crossing the line between permissible informational activities and advoca% activities are severe. Improper use of public resources can be a criminal offense. ° Even if the issue is resolved through a civil action, the individuals involved may be required to reimburse the agency for the value of the resources used 11 and, may have to pay not only their own attorneys fees, but also those of individual who is challenging the use of resources. 12 Finally, engaging in such activities gives rise to reporting obligations for public agencies under the Political Reform Act.13 Failure to comply with these requirements subjects an agency to additional penalties." g:\customer\wcity\ediur initgs.doc ' 5g Stanson v. Mott, 17 Cal.3d 206,220, 130 Cal. Rptr.697,707(1976). 2 Sg Lyon, 17 Cal. 3d at 221 n.6,222, 130 Cal. Rptr.at 707 n.6,708(". . .we believe it would be contrary to the public interest to bar knowledgeable public agencies from disclosing relevant information to the public,so long as such disclosure is full and impartial and does not amount to improper campaign activity;"public agencies may generally publish a"fair presentation of facts relevant to an election matter. . ."). 3 5j=id. at 217, 130 Cal. Rptr.at 705 (1976)(California Department of Parks and Recreation could not spend public money to prepare promotional material and pay for speakers expenses to support a 1974 park bond measure). ewe also Mines v. Del Valle,201 Cal.273,257 P. 530(1927)(a city public service commission could not spend public money to obtain a favorable vote on a bond measure to construct an electrical system). i 4 In re Phillips v.Mauer,67 N.Y.2d 672,499 N.Y.S.2d 675,490 N.E.2d 542(1986)(advertisement urging i citizens to"vote yes"on bond measure is impermissible). 5 See Stanson, 17 Cal. 3d at 222, 130 Cal.Rptr.at 708. I 6 In the Matter of County of Sacramento,FPPC No.93/345(July 3, 1996)(Stipulation,Decision and Order finding at page 8"[t]he totality of the circumstances,at various times and places,when taken together, shows the county made expenditures which urged passage of[two ballot measures]). Cf 2 Cal.Code of Regs. 18225(b)(2)(requiring the communication"unambiguously urges a particular result in an election" in order to give rise to FPPC reporting requirements). See also Sacramento Bee,July 4, 1996,page 1 (Metro Section)(Quote from FPPC Chair:"Our decision[yesterday] is a clear warning to public officials that there is zero tolerance for evading public disclosure.") ' League of Women Voters v.Countywide Criminal Justice Coordination Committee,203 Cal.App.3d 529, 560,250 Cal.Rptr. 161, 181(2d Dist. 1988). See also Keller v. State Bar of California,496 U.S. 1, 12, 110 S. Ct.2228,2235, 110 L. Ed.2d 1, 13 (June 4, 1990)("the government must take substantive positions and decide disputed issues to govern . . .government officials are expected as a part of the democratic process to represent and espouse the views of a majority of their constituents. With countless advocates outside of the government seeking to influence its policy, it would be ironic if those charged with making governmental decisions were not free to speak for themselves in the process.";Miller v. California Commission on the Status of Women, 151 Cal. App. 3d 693, 701, 198 Cal. Rptr. 877, 882(3d Dist. 1984) (noting that if government cannot address controversial topics, it cannot govern),appeal dismissed,469 U.S. 806, 105 S.Ct. 64,83 L. Ed.2d 15 (1984). See also to so , 17 Cal. 3d at 221 ("it is generally accepted that a public agency pursues a proper'informational'role when. . . .requested by a public or private organization, it authorizes an agency employee to present the department's view of a ballot proposal at a meeting of such organization");42 Ops. Att'y Gen.25,27(1963)(county's lack of power to send voters information on pending legislation does not prevent county from giving information or recommendations when so requested by citizens or press);King County Counsel v. Public Disclosure Commission,93 Wash.2d 559,611 P.2d 1227(1980)(upholding an endorsement). 8 See League of Women Voters,203 Cal.App. 3d at 560,250 Cal.Rptr. at 181. 9 In the Matter of County of Sacramento,FPPC No.93/345 (July 3, 1996)(Stipulation,Decision and Order, noting the supervisors' actions endorsing each of the measures in question at pages 4 and 6). 10 See Cal.Penal Code §§72.5(b)(use of public funds to attend a political function to support or oppose a ballot measure);424(misappropriation of public funds);484-87(theft). See also People v. Battin,77 Cal. App.3d 635, 143 Cal.Rptr.731 (4th Dist. 1978)(prosecution of county supervisor for engaging campaign activities during county business hours using county facilities). 1' Stanson, 17 Cal.3d at 226-227, 130 Cal.Rptr. at 711 (finding that"public officials must use due care,i,e., reasonable diligence in authorizing the expenditure of public funds,and may be subject to personal liability for improper expenditures made in the absence of due care"). 12 See generally Tenwolde v.County of San Diego, 14 Cal.App.4th 1083, 17 Cal. Rptr.2d 789(4th Dist. 1993). 13 Cal. Gov't Code§ 84203.5(requiring independent expenditure reports by committees spending more than $500 each year in support or opposition to a ballot measure). 14 See Cal.Gov't Code § 83116. Steven W. Singer, M.S. Environmental and Ecological Services mf-6 . 6 1-0a 218 Nevada Street, Santa Cruz, CA. 95060 Phone/fax: (408) 427-3297 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - August 12, 1996 Ms. Kathleen Hart Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA. 94022-1404 Subject: Results of 1996 Murrelet Surveys Dear Ms. Hart, The purpose of this letter is to report the results of murrelet dawn surveys conducted on July 12 and 19, 1996 at Purisima Creek Redwoods Open Space Pre- serve. 'Three stations were surveyed, with two different stations being surveyed on each day. Station LP-1 was located at the junction of Soda Gulch and Purisima Creek. Station LP-2 was located on the road just east of the next bridge up the road from LP-I, and Station LP-3 was located at the first horseshoe curve in the road just up road from LP-2. The surveys were part of an on-going effort of my research team to monitor Marbled Murrelet activity in the Preserve. As you know, we first discovered murrelets using the Preserve in the summer of 1992 (Singer and Fiedler, in prep.). We followed the approved Pacific Seabird Group protocol for conducting murrelet surveys in forests (Ralph et al. 1994). Each survey lasted two hours, be- ginning 45 minutes before sunrise and ending 75 minutes after sunrise. Data were recorded on hand-held micro-casette recorders and subsequently transcribed onto survey data forms. The completed data forms are attachment #1. In addition to recording information on murrelets, the presence of other bird species was also noted. These data are given in attachment #2. The results of our surveys are summarized in the table on the following page. According to the Pacific Seabird Group protocol, "occupied behaviors" (such as our observed behaviors of direct flight below the canopy, circling below the canopy, and circling above the canopy) are indicative of nesting within suitable habitat in the vicinity. r results indicate that nesting is urring within the Preserve in remaining areas of suitable habitat. The detection of murrelets on only one of four station-mornings suggests strongly that only a small number of individuals are nesting in the Preserve. RESULTS OF MURRELET SURVEYS AT PURISIMA CREEK PRESERVE STATION DATE CLOUD #OF #VISUAL #OCCUP. COVER DETECTS DETECTS DETECTS LP-1 7/12/96 varied widely 0 0 0 I LP-2 7/12/96 varied widely 24 23 23 LP-2 7/19/96 0% 0 0 0 LP-3 7/19/96 0% 0 0 0 � I wish to express my appreciation to the Midpeninsula Regional Open Space District for allowing me to conduct these surveys and for their commitment they have demonstrated for protecting murrelet habitat. The District's request to the U.S. Fish and Wildlife Service to include the Purisima Preserve as officially designated critical habitat is admirable, and hopefully may yet come to pass when the critical habitat map is revised in the future. I hope to continue m murrelet surveys next summer if you are willing. In the P y Y y g meantime, I will be happy to answer any questions you may have about Marbled Murrelets or about my survey findings. Sincerely, Steven Singer, AS. -Certified Wildlife Biologist -Co-leader Santa Cruz Mtns. Murrelet Group -Research Associate at Santa Cruz City Museum cc: Mr. Randy Anderson, MRQSD of Natural History i I I ATTACHMENT B - bird Species Recorded on Dawn Surveys.) 7/12 & 7/19/96 Purishm Creek Redwoods Open Space Preserve Marbled Murrelet (Brachyramphus marmoratus) Great Homed Owl (Bubo virginianus) Band-tailed Pigeon (Columba fasciata) Vau)es Swift (Chaetura vauxi) Allen's Hummingbird (Selasphorus sasin) Hairy Woodpecker (Picoides villosus) Pacific-slope Flycatcher (Empidonax difficilis) Steller's Jay (Cyanocitla stelleri) Common Raven (Corvus corax) Chestnut-backed Chickadee (Parus rufescens) Brown Creeper (Certhia americans} Winter Wren (Troglodytes troglodytes) Golden-crowned Kinglet (Regulus satrapa) American Robin (Turdus migratorius) Dark-eyed Junco (Junco hyemalis) NORTHWESTERN NATURALIST 76:54-62 SPRING 1995 FLEDGING BEHAVIOR, FLIGHT PATTERNS, AND FOREST CHARACTERISTICS AT MARBLED MURRELET TREE NESTS IN CALIFORNIA STEVEN W SINGER Santa Cruz Mountains Murrelet Group, P.O. Box 7422, Santa Cruz, CA 95061, USA I DAVID L. SUDDJIAN 801 Monterey Avenue, Capitola, CA 95010, USA STEPHANIE A. SINGER Santa Cruz Mountains:,furrelet Group, P.O. Box 7422, Santa Cruz, CA 95061, USA ABSTRACT—We discovered 3 active marbled murrelet(Brachyramphus marmoratus)nests in the { same coast redwood(Sequoia sempervirens)tree between 1991 and 1994.The nest tree was in an old-growth redwood-Douglas fir (Pseudotsuga menziesii) forest in Big Basin Redwoods State l Park,Santa Cruz County,California.Two of the nests,situated on different branches,were mon- itored intermittently through fledging in 1991 and 1992.The 1994 nest was in the 1991 nest cup. Eggshell fragments with indications of predation were found under the nest tree in 1993,sug- gesting that the tree may have been used for at least 4 consecutive years.One fragment encom- passed almost two-thirds of a complete egg and is described here. Below-canopy flights were common within the nesting stand, but were concentrated along repeatedly used flight routes. Adults accessed nest sites by flying for at least 100 m through the canopy along these routes. Fledging occurred on 3 July 1991 and on 7 June 1992, 19 and 18 min after sunset, respectively. At fledging,murrelets neither vocalized nor behaved conspicuously.Fledging occurred on the first day in which the nestling had lost all or nearly all of its concealing down.On both occa- sions,the nestling fledged alone and flew a route not used by the adults. The small (24 cm long) marbled murrelet We conducted field observations of marbled (Brachyramphus marmoratus)is the only member murrelets in Big Basin Redwoods State Park of the alcid family that nests in trees.It nests on during the breeding seasons of 1991 through high, large-diameter branches of old-growth 1994. Our primary goal was to observe the trees found in coastal coniferous forests(Ham- fledging of a marbled murrelet from a tree nest, er and Nelson 1995a). In California, logging of a previously unobserved phenomenon. A sec- such forests has eliminated most murrelet hab- ondary goal was to describe behavioral and for- itat and reduced population levels such that,in est-stand characteristics associated with a suc- 1992, the species was listed as endangered by cessful nest. We report here on the first mur- the state of California, and as threatened relet nest to be found in a coast redwood (Se- throughout California, Oregon and Washing- quoia sempervirens), the first direct observations ton by the U.S. Fish and Wildlife Service (Cal- of fledging from a tree nest, the first reported ifornia Fish and Game Commission 1992, U.S. re-use of a known successful nest,and the first Fish and Wildlife Service 1992, Nelson and probable instance of murrelets nesting in the Singer 1994). Through 1994, 65 murrelet tree same tree for 4 consecutive years. nests have been found in North America, of which only 22 were active (Nelson and Hamer METHODS 1995a). Six of these active nests were from Big Study Area Basin Redwoods State Park, Santa Cruz Coun- ty, California (Binford et al. 1975; Sin er et al. The nest tree was 9.1 km iland and within 1 km of g The at Big Basin Redwoods State Park(el- 1991, 1992; this study). evation, 305 m). The park contains the largest re- 54 af' , . I Regional Open S. ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager eir DATE: August 23, 1996 SUBJECT: FYI 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail:mrosd@netcom.com 7 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 INTER-OFFICE MEMORANDUM August 16, 1996 TO: Craig Britton, General Manger FROM: John Escobar, Operations Manager SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month June Year 1996 VIOLATIONS TOTALS ACC11DENTS, TOTALS Bicycles Bicycle 9 Closed area 6 (4) Equestrian 0 Speed 21 (10) Hiking/running 1 Helmet 24 (15) Other first-aid I Night riding 5 (2) Search/rescue 0 Dogs Helicopter evacuations 1 Prohibited area 7 (7) Off-leash 3 (1) ENFORCEMENT Fishing/swimming 0 Citations 66 Off-road vehicles 1 (1) Written warnings 67 Closed area 4 (1) Police assistance 4 After hours 23 (12) Weapons CRIMES Actual contacts 0 False information to Reports only I police officer 2 (1) Vandalism 0 Minor in possession Parking 12 (2) of alcohol 3 (2) After hours parking 25 (6) Pornographic material 1 Dumping/littering 0 Cultivation marijuana 1 Exhibition Speed 1 (1) Wooden cross installed I Camping I Failure to MUTUAL AID secure gate 1 (1) Accidents 3 Enforcement 6 Fire (unfounded) I Coyote attack 1 number of citations issued Search for lost people 2 SUACMIARIIES OF SIGNIFICANT INCIDENTS 7/2: Pornographic material was found posted inside the bulletin board at lower Canyon Trail at Monte Bello OSP. 7/4: D. Danielson, P. Congdon, and L. Hyman contacted a group of young adults at a roadside turnout adjacent to Long Ridge OSP, for discharging fireworks. Some of the fireworks were illegal. Others had been legally purchased in San Bruno. Santa Cruz sheriff's deputies cited one individual. 7/4: A bicyclist at Rancho San Antonio, stopped by M. Newburn for riding in a prohibited area, provided false information regarding his identity. He was cited for both violations. 7/4: Three people were cited for after hours at Russian Ridge OSP. One was warned for smoking a cigar and possession of illegal fireworks. 7/6: B. Malone and B. Downing found a wooden cross at the intersection of Trail 914 and the Leaf Trail at El Corte de Madera. The cross had a bicycle helmet and bicycle tire tread attached to it. Written on the cross was "Retro Rules" and "Happy Trails Bro on the eternal single track" and "G-Force." A small redwood tree appeared to have been planted nearby. 7/9: K. Miller observed a person in the closed area at Rancho de Guadalupe flee into the woods and then leave the area in a vehicle. He was contacted at home by sheriffs deputies and K. Miller. He was cited for a closed area violation. 7/10: M. Ken arrived after Santa Clara. County sheriff s deputies made contact with four juveniles at Foothills OSP. The deputies cited the juveniles for after hours, possession of marijuana, and possession of alcohol. 7/11: CDF found two five-gallon cans with eight foot tall marijuana plants in the old logging camp area of El Corte de Madera. CDF was conducting a hose lay practice there. 7/13: A man was found walking down the middle of Skyline Blvd. adjacent to Long Ridge in the pre-dawn hours. The person was disoriented and had been stabbed or slashed. D. Danielson and W. Phillips responded to a call out initiated by CDF. After meeting with Santa Clara and San Mateo deputies the rangers checked the Devils Canyon area. Nothing related to the incident was found. 7/13: At Windy Hill a three-year-old boy was attacked by a coyote. The victim and family had been picnicking on the summit of Windy Hill around sunset. A trapping program was initiated immediately. Several animals were caught, euthanized, and sent for rabies testing. 7/14: T. Karnofel and T. Lausten contacted cited a person for off-road vehicle and minor in possession of alcohol in Sierra Azul. 7/14: T. Karnofel and T. Lausten contacted four juveniles for possession of alcohol and smoking violations in Sierra Azul. One was issued a citation. 7/14: L. Paterson and B. Malone contacted a group from Hidden Villa camping at Ewing Hill with a gas camp stove. The group was given a verbal warning for camping without a permit in a non- designated area and use of a camp stove. 7/20: At Skyline Ridge three people were cited for riding bicycles on a closed trail. One person was found to have a $5,000 warrant for his arrest for outstanding tickets. The sheriffs office was notified but declined to pick up the person. 7/21: A bicyclist at Fremont Older had an accident on the Ranch Trail. He initially lost consciousness and later complained of neck and back pain. The cyclist was flown to Stanford Hospital by Life-Flight. 7/28: T. Randall discovered an abandoned campsite, including a fire ring and spent 45 and 357 caliber shell casings in Sierra Azul. Regional Open S, lie MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: August 28, 1996 TO: Members, Board of Directors FROM: L. Craig Britton, General Manager RE: Initial Demographic Information on Visitors to District Website As you know, the District has a presence on the internet, via a website created and maintained by a volunteer. Through their computers, members of the public can access the website in order to view and print District information. Currently, the website includes trail maps, brochure text, regulations, photographs, news releases, newsletters, hikes and walks, Board meeting minutes and agendas, and a lot of other information. The website also includes a survey form that visitors to the site can fill out and email to the District. Although only about 40 people have returned the survey so far, the initial results are interesting and provided here for your information. Average age: Ethnicity: 31 81% caucasion 14% Asian 4% other Were they aware of the name, "Midneninsula Regional Open Space District?": 65% yes 35% no Did they know the District is funded by propertytax'?: 53% yes 47% no Average frequency of use: Sources of information about the District: once per week 34% Internet 3 7% two-three times per week 13% Word of mouth 24% three-four times per week 13% Other publications 16% twice per month 13% SJMN 8% two-three times per month 13% AAA 3% once per month 9% Bike store 3% four times per year 3% Bike club 3% once every six months 3% SF Chronicle 3% District mailings 3% Residence: 39% within District 61% outside District 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 Genera{Manager:L.Craig Britton Regional Open S, --e ....................................... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 19, 1996 Mr. Richard Schachtili Mr. Douglas Laurice Wilson, Sonsini. Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 Dear Mr. Schachtili and Mr. Laurice: On behalf of the Midpeninsula Regional Open Space District. I'd like to thank you for the pro bono work you recently completed for us on the Pezzoli matter. Without your able assistance. the District would not have come to so timely or equitable a resolution. Our 18-month relationship with you and your firm accomplished everything the District desired while avoiding extensive litigation, and in a manner fair to all parties involved. Your work involved numerous phone conferences, several hearings, and a particularly lengthy and detailed briefing, and all was done in a most professional and first-rate manner. I hope that this small token of our appreciation, a photo of the Sierra Azul Open Space Preserve. will serve to remind you of the contribution you have made to preserving open space. Again, many thanks on behalf of the Board of Directors and staff of the t.- Midpeninsula Regional Open Space District. Sincerely, Nonette Hanko. President Board of Directors NH/mcs cc: MROSD Board of Directors t✓' 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 SACRAMENTO OFFICE COMMITTEES STATE CAPITOL CHAIRMAN ROOM 4032 HOUSING&LAND USE SACRAMENTO,CA 95814 (9�6)445 6747 MEMBER 9 1 -4529 FAX fflarn-a Statt .-IaIatle 6 323 all t BUDGET&FISCAL REVIEW CHIEF OF STAFF SUBCOMMITTEE NO.4 KIP LIPPER SENATOR EDUCATION DISTRICT OFFICES JUDICIARY 702 MARSHALL STREET B Y R O N D. S H E R NATURAL RESOURCES SUITE 290 &WILDLIFE REDWOOD CITY CA 94063 �4�51 364-2080 ELEVENTH SENATORIAL DISTRICT (4 5 364-2102 FAX 5589 WINFIELD BOULEVARD SUITE 102 SAN JOSE.CA 95123 (4081 226-2992 14081226-2996 FAX FIELD COORDINATOR BETSY BLAAS SHOTWELL August 12, 1996 Keith Steinhart, Project Officer Local Services Section,Dept. of Parks and Recreation P.O. Box 942896 Sacramento, CA 94296-001 Dear Mr. Steinhart, I am writing in support of the Midpeninsula Regional Open Space District's application for a National Recreational Trails Fund grant. This grant is imperative to implement the Trail Use Plan for El Corte de Madera Creek Open Space Preserve. The Trail Use Plan,jointly formulated by the District and a Citizen's Task Force, enjoys wide support among user groups interested in enhancing the tails at this preserve. Currently, unofficial trails are used in the absence of adequate trails to meet the high demand. Such usage results in the degradation of natural resources and creates safety,trespassing, and trail use problems. The grant would allow for the construction of 30 miles of official trails that will best suit the recreational desires of hikers, bikers, and equestrians. At the same time the District's natural resource protIection policies will"I be uphic2l. I urge you to award this grant to the Midpeninsula Regional Open Space District so that it may continue in its efforts to provide the public with a safe,positive trail experience at El Corte de Madera Creek Open Space Preserve. I thank you for your consideration. Sincerely, BYRON D. SHER Senator, I Ith District BDS.jfh ___ �`.,. 1 II I Claims No. 96-15 Meeting 96-18 Date: August 28, 19964V Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 728 375.00 Aaron's Septic Tank Service Sanitation Service 729 166.71 A-1 Sanitation Sanitation Service 730 234.91 Acme & Sons Sanitation, Inc. Sanitation Services 731 16.16 ASD Signs Field Supplies 732 33.89 A T & T Telephone Service 733 24.30 Bay Area Air Quality Management District Fuel Pump Permit 734 106.00 Bill's Towing & Recovery Vehicle Towing Service 735 183.50 Breon, O'Donnell, Miller, Brown & Dannis Legal Services 736 3,509.42 Callo Sign Company Preserve Signs 737 46.22 California Chamber of Commerce Resource Documents 738 55.00 California Park & Recreation Society Mailing Labels 739 371.24 California Water Service Company Water Service 740 70.00 Camino Medical Group Medical Services 741 725.98 Carsonite International Corp. Road Markers 742 310.08 Cascade Fire Equipment Company Safety Supplies 743 59.54 Coastside Proflame Propane Tank Rental 744 99.22 Bunny Congdon Reimbursement--Staff Event Supplies 745 238.83 Patrick Congdon Reimbursement--Field Supplies 746 1,471.38 William Cotton & Associates Geotechnical Consultant--Shilling Lake Spillway Repairs 747 247.50 Cupertino Senior Center Senior Center Permit--Recognition Event 748 100.03 Dermaron Corporation Poison Oak Protectant 749 437.50 Enshallah Consulting Services--Teague Hill 750 82.25 Federal Express Express Mail Service 751 56.66 Film To Frame Photo Processing and Prints 752 43.69 Franciscan Glass Company, Inc. Glass Replacement 753 24.10 G & K Services Shop Towel Service 754 598.72 Granite Rock Co. Road Repair Materials 755 54.65 Home Depot Field Supplies 756 308.75 International Press Associates Recruitment Advertisement 757 129.60 Jobs Available Recruitment Advertisement 758 111.84 Lab Safety Supply Shop Safety Signs 759 652.72 Lanier Worldwide, Inc. Photocopier Lease Agreement 760 11000.00 Leadership Midpeninsula Leadership Training--J. McCullough 761 630.00 Town of Los Gatos Construction Management Services- Skyline Field Office 762 207.04 Lucent Technologies Telephone Service Maintenance 763 129.25 Madco Welding Supplies 764 262.91 McGrath Rentcorp Skyline Office Rental 765 228.51 MetroMobileCommunications Radio Repair and Shoulder Microphones 766 4,109.86 Milstone Geotechnical Geotechnical Services--Skyline Office, 767 1,500.00 Mobile Radio Resources Radio Service 768 230.39 Moffett Supply Sanitation Supplies & Flourescent Tubes 769 157.07 Monogram Sanitation Sanitation Supplies 770 19.50 Netcom Computer Internet Service 771 49.61 Northern Energy, Inc. Propane Fuel Service Page 1 Claims No. 96-15 , Meeting 96-18 a Date:August 28, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 772 162.98 Office Depot Office Supplies 773 222.95 Pacific Bell Telephone Service 774 500.00 '1 City of Palo Alto Utilities Water Permit 775 50.04 Parker-Taylor, Inc. Skin Protectant Supplies 776 2,283.33 PIP Printing Printing Services 777 86.36 Pringle Tractor Company Tractor Servicing 778 2,626.00 R & R Designers Repairs and Maintenance of Bean House 779 34.13 Rayne Water Conditioning Water Service 780 3,501.57 Roy's Repair Service Vehicle Maintenance and Repair 781 1,240.74 San Francisco Newspaper Agency Recruitment Advertisement 782 1,553.64 San Jose Mercury News Recruitment Advertisement 783 42.22 San Mateo County Times Monthly Subscription 784 1,199.78 Smith Equipment Field Supplies 785 47.30 Summit Uniforms Uniform Expense 786 250.00 '2 Sunnyvale Chamber of Commerce Fact Sheet Inserts for Newsletter 787 937.50 Tac/Temps Temporary Receptionist 788 55.00 Taylor Rental Field Equipment Rental 789 2,609.70 Teater & Etc. Computerized Map Revisions and Maps 790 564.03 Therma Corp. Heating/Air Conditioning Repairs 791 225.00 The Regents of UC Berkeley Engineering Class--M. de Beauvieres 792 322.62 University Art Center Drafting Supplies 793 29.02 Vallen Supply Company Skin Protectant Supplies 794 92.95 Whitmore, Johnson & Bolanos Legal Services 795 515.00 Wilderness Graphics, Inc. Trail Signs 796 300.00 Roberta Wolfe Recording Services 797 1,296.07 The Workingman's Emporium Uniforms and Patches 798 1,675.00 Zumwalt Engineering Group Engineering Services--Weeks Road 799R 1,472.50 Wilderness Taxidermy Nature Center Exhibits 80OR 16.00 Special Districts Association Open Space Authority Meeting-C. Britton 801 R 301.66 Petty Cash Office Supplies, Maps, Vehicle Expense, Film Developing, Keys and Local Meeting Expense Total 43,682.62 '1 Urgent Check Issued August 21, 1996 '2 Urgent Check Issued August 20, 1996 Page 2