HomeMy Public PortalAbout19961023 - Agendas Packet - Board of Directors (BOD) - 96-21 Regional Open S. pe
!' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-21
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
6:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
October 23, 1996
(6:30) ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS
CLOSED SESSION
The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn
the Special Meeting Closed Session to the conclusion of the Regular Board Meeting,
and at the conclusion of the Regular Meeting, the Board may reconvene the Special
Meeting Closed Session.
1. Public Employee Performance Evaluation - Government Code Section 54957
Title: General Manager
2. Conference With Legal Counsel - Anticipated Litigation - Government Code
Section 54956.9(c)
Initiation of litigation:
One Potential Case
(7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS
** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- N. Hanko
*** APPROVAL OF MINUTES
October 9, 1996 (Consent Item)
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
(7:45) 1. Authorization to Appraise and Initiate Negotiations to Purchase 288-Acre
Russian Orthodox Church Convent of Our Lady of Vladimir Property on
Highway 35 in San Mateo County -- C. Britton
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail:mrosd@netcom.com t�
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
(I
t
Meeting 96-21 Page 2
(8:05) 2. Recommendations on Additional On-Leash Dog Access and Monitoring of Dog
Use at Windy Hill Open Space Preserve Including Opening Hamm's Gulch
Trail and a Portion of Lost Trail to Dogs on Leash for a One-Year Trial
Period and Determination that Proposed Actions are Categorically Exempt
from CEQA -- B. Crowder
(8:25) 3. Proposal to Charge Use and Management Committee to Study the Wilderness
Experience Trail Use Policy and Propose Methods for Implementation to the
Board -- N. Hanko
(8:35) 4. Approval of Settlement Agreement between the District and Diane Holmes and
Authorization for General Manager to Execute Agreement -- S. Schectman
(8:45) 5. Authorization to Hire Plant Ecologist Consultant Tamara Kan for a District-
Wide Invasive Exotic Plant Inventory for $15,000 and Determination that
Project is Categorically Exempt from CEQA -- J. Isaacs
(8:55) 6. Authorization for General Manager to Contract with Platypus Studio for
$54,132 to Fabricate and Install Phase I and H Exhibits at David C. Daniels
Nature Center at Skyline Ridge Open Space Preserve - M. de Beauvieres
(9:00) 7. Award of Bid for Homestead House Renovation at Picchetti Ranch and
Authorization for General Manager to Enter into Contract for the Work -- J.
Law
(9:05) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
CLOSED SESSION - (Continued, if necessary)
ADJOURNMENT
*NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is
subject to change of order.
** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time
each item is considered by the Board of Directors. You may address the Board concerning other
matters during oral communications. Each speaker will ordinarily be limited to 3 minutes.
Alternately, you may comment to the Board by a written communication, which the Board
appreciates.
***All items on the consent calendar shall be =roved without discussion by one motion Board
members. the General Manager. and members of the public me request that an item be removed
,from the Consent Calendar during consideration ot'the Consent Calendar,
NOTICE OF PUBLIC MEETINGS
There will be a Special Meeting Workshop - Basic Policy/Mission Statement
Review on Wednesday, October 30, 1996 at 7:00 P.M. at the District office.
Regional Open S ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-20
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
October 9,1996
MINUTES
I. ROLL CALL
Vice-President Mary Davey called the meeting to order at 7:03 p.m.
Members Present: Teena Henshaw, David Smernoff, Mary Davey, Betsy Crowder, and
Peter Siemens.
Members Absent: Nonette Hanko and Wim de Wit.
Staff Present: Craig Britton, Sue Schectman, Jean Fiddes, John Escobar, Malcolm
Smith, and Mike Williams.
II. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 7:03 p.m. and the Closed Session commenced at
7:04 p.m. The Board adjourned the Special Meeting at 7:15 p.m. and M. Davey called the
Regular Meeting to order at 7:31 p.m.
Additional Personnel Present: Carleen Bruins and Jodie Isaacs.
III. ORAL COMMUNICATIONS
Jessica Agramonte, 12150 Skyline Boulevard, Woodside; Lee Pitt, 12520 Skyline
Boulevard, Woodside; Dave Perrone, 316 Ridge Road, Woodside; and Al Bell, 12130
Skyline Boulevard, Woodside expressed their concerns about the plans for the development
of the 284-acre property located off Skyline Boulevard by the Russian Orthodox Church and
requested that the District considering purchasing this pristine open space before it is
developed.
B. Crowder requested that the Board place the citizens' request on a future agenda. M. -
Davey said that the matter would be placed on the October 23 agenda.
IV. SPECIAL ORDER OF THE DAY
Audrey Rust, Executive Director, Peninsula Open Space Trust, showed a video and made a
presentation on POST's three-year $28.5 million "Campaign to Save Essential Open Space".
She said that $13.7 million had been raised to date and gave the members of the Board
copies of the case statement for the campaign.
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 Fienshaw, David T,Smernoff, Nonette Manko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
I
Meeting g 96-20 Page 2
V. ADOPTION OF AGENDA
C. Britton requested agenda item 7, Authorization for General Manager to Execute Right of
with CalTrans for EmerggnU RR pairs to Star Route 84 (La Honda Roads be removed
from the agenda.
Motion: P. Siemens moved to adopt agenda as revised. D. Smernoff seconded the
motion. The motion passed 5 to 0.
VI. ADOPTION OF CONSENT CALENDAR
Harry Haeussler, 1094 Highland Circle, Los Altos, requested agenda item 4, Authorization
for General Manager to Execute Special Use Permits for the Windy Hill Skyriders Inc. Hang
Gliding and Paragliding Divisions, be removed from the consent calendar. C. Britton
requested the written communication from Paul Shleffar, 279 Sylvan Way, Redwood City,
and draft response be removed from the consent calendar, noting the letter was in response to
a staff survey and staff would respond to the letter.
Motion: B. Crowder moved to adopt the Consent Calendar including the minutes of
September 25, 1996 Regular Meeting; the responses to written communications
from Mr. Cliff Jenkins, President, South Skyline Association, 22400 Skyline
Boulevard, #25, La Honda; Mr. Tim Bratton, 10691 Mora Drive, Los Altos;
Ms. Marilyn J. Walter, 20 Coyote Hill, Portola Valley; agenda item 5,
Authorization for General Manager to Execute Permit to Enter for U.S. Army
Corps of Engineers Cleanup PLQject at Mt. Umunhum Area of Sierra Azul
Q= Space Preserve; agenda item 6, Acceptance of$39.000 Bid from Mike
Tobar Excavation of Morgan Hill for Structures and Debris Removal Project
at Sierra AM Open Space Preserve and Authorization for General Manager to
Contract for Work; and Revised Claims 96-17. T. Henshaw seconded the
motion. The motion passed 5 to 0.
VIL APPROVAL OF MINUTES
Motion: B. Crowder moved that the minutes of the September 25, 1996 Special and
Regular Meeting be pulled from the approved consent calendar. T. Henshaw
seconded the motion. The motion passed 5 to 0.
B. Crowder requested that page three of the minutes be corrected to include her statement
that she recognized that the Portola Park Heights residents did not reside within the District's
boundaries, that they were not District voters nor supporting taxpayers, and that they might
want to consider annexing to the District. M. Davey stated that the minutes were approved
by Board consensus with the requested addition.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 - Consideration of Resolution Sunvorting Pnivosition 204
(RR=rt R-96-100)
C. Britton reviewed the staff report. In response to a question from D. Smernoff, M.
Smith relayed information on the distribution of funds to the different programs in the
proposition.
i
Meeting 96-20 Page 3
Motion: P. Siemens moved that the Board adopt Resolution 96-39, a Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Supporting Proposition 204 on the November 5, 1996 Ballot.
D. Smernoff seconded the motion. The motion passed 5 to 0.
B. Agenda Item No. 2 - Consideration of Resolution Opposing Pnmosition 218 (Report
R- -1 1
C. Britton reviewed the staff report, focusing on the proposition's impact on
assessment districts.
Motion: B. Crowder moved that the Board adopt Resolution 96-40, a Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Opposing Proposition 218 on the November 5, 1996 Ballot. P.
Siemens seconded the motion.
Discussion: H. Haeussler expressed his opposition to the Board
opposing Proposition 218. P. Siemens stated he opposed the 2/3 vote
requirement since it goes against the majority rule concept. The
motion passed 5 to 0.
C. Agenda Item No. 3 - Consideration of Endorsement of San Mateo County's Measure
T (E=rt R-96-102)
D. Smernoff spoke in favor of Measure T, citing the impact the bypass would have
on coastal viewshed, trail corridors to the coast, and riparian and wildlife corridors.
He stated that the tunnel would help protect the entire San Mateo County coast from
further development.
B. Crowder stated she is strongly in favor of the tunnel, but was hesitant to support
the resolution since the project was too far from the District's Sphere of Influence.
She said Board members should individually support the tunnel, adding she did not
favor the Board taking a formal position in Measure T.
P. Siemens spoke in favor of the Board taking a position on Measure T, noting
CalTrans was pushing more development into the area by wanting to put in a
freeway. He said the District needs to support local communities to help them take
control back from the state and CalTrans.
M. Davey stated that the Bay Area Ridge Trail Council had voted to support Measure
T.
Peter Dreckmeier, 831 Sutter, Palo Alto, discussed the impact of the bypass road
proposed by CalTrans and spoke in favor of the tunnel alternative. He urged the
Board to endorse Measure T.
Meeting 96-20 Page 4
Motion: D. Smemoff moved that the Board adopt Resolution 96-41, a
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Endorsing Measure T on the November 5, 1996
Ballot in San Mateo County. P. Siemens seconded the motion.
Discussion: B. Crowder stated that it was not within the Board's
purview to vote on endorsing Measure T, adding that she, as an
individual, strongly supports the tunnel.
The motion passed on the following vote:
Ayes: P. Siemens, D. Smernoff, M. Davey, and T. Henshaw
Noes: B. Crowder
D. Agenda Item No. 4 - Authorization for General Manager to Execute, Special Use
Permits for the Windy Hill S4riders Inc. Hang Gliding and Paragliding Divisions
(Report R-96-103)
C. Bruins reviewed the staff report.
B. Crowder stated she would like to see the program expanded to include weekends.
She said the Town of Portola Valley had already agreed that hang gliding and
paragliding could occur on weekends. T. Henshaw said she also supported extending
the program to weekends.
J. Escobar explained the reasons staff did not support including weekends at this time,
noting the heavy use of the take-off area by picnickers and other preserve users on
weekends, the potential for use patterns to change in the area after the new parking
lot is completed, and the increased hang glider and paraglider use on weekends. C.
Bruins cited the heavy traffic on Skyline Boulevard and the increased potential for
accidents resulting from drivers distracted by the hang gliders and paragliders.
Thomas Low, representing the Windy Hill Skyriders, requested the Board extend the
special use permit to weekends for a trial period of one year or until the parking lot
opens. He noted that a permitted activity could be stopped very easily and requested
the same access to the preserve as other users get on the weekend. He cited other
public areas where hang gliding and paragliding is permitted and noted there had not
been any problems at these areas on the weekends. Mr. Low said more individuals
would fly if weekend use were allowed at Windy Hill Open Space Preserve.
H. Haeussler encouraged the Board to increase the number of fliers allowed on the
hill at one time from five to ten.
C. Britton reiterated the reasons noted by J. Escobar for not extending the permit to
weekends, adding that this was another special use and another potential user conflict.
He suggested opening the preserve for weekend use during the months of November
to March at designated times during the day.
Meeting 96-20 Page 5
I
Motion: P. Siemens moved that the Board authorize the General Manager to
execute the Special Use Permit for Hang Gliding and the Special Use
Permit for Paragliding with the addition that hang gliding and
paragliding would be permitted on weekends for a one-year trial basis
with an evaluation of the program in one year (October 9, 1997). B.
Crowder seconded the motion. The motion passed 5 to 0.
IX. INFORMATIONAL REPORTS
T. Henshaw said she attended the Hidden Villa recognition dinner on September 28.
D. Smernoff said he attended the Deer Hollow Farm recognition event on October 6, the
City of Mountain View's Commissioners' Dinner, and the El Corte de Madera trail workday
hosted by ROMP. He said B. Crowder also volunteered, and the next trail workday was
Saturday, October 12.
M. Davey reported on the Bay Area Ridge Trail Council retreat held on Saturday, October
5.
P. Siemens discussed the upcoming Los Gatos Creek Trail bridge dedication.
C. Britton thanked the Board for the staff recognition event; said the 1995-1996 audit is
forthcoming; reported the District will be switching accounts to Mid-Peninsula Bank by the
end of the month; and reported on meeting with Patrick Sanchez and Paul Romero to discuss
meeting with the park and recreation commissioners in each county next fiscal year with the
focus of the meeting being the District's Regional Open Space Plan.
J. Escobar said the Use and Management Committee met on October 2 to discuss rock
climbing and stated the committee's next meeting will probably be in January.
S. Schectman reported on two lawsuits against the District involving bicycle accidents. She
stated that the settlement on the Holmes matter would be on the Board's next agenda.
M. Davey complimented staff on the letters that are sent out from the District.
X. ADJOURNMENT
M. Davey adjourned the meeting at 9:02 p.m.
Jean H. Fiddes
District Clerk
Claims No. 96-17
Meeting 96-20
Date: Oct. 9, 1996
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Revised
# Amount Name Description
950 100.00 Acme & Sons Sanitation, Inc. Sanitation Services
951 148.84 ADT Security Systems Foothills Alarm Service
952 161.46 All Laser Service Cartridge Refill Service
353 26-84 American Welding Supply Welding Services
354 99.60 Randy Anderson Vehicle Expense
355 18.95 A T & T Telephone Service
356 7.97 Barron Park Supply Co. Equipment Repair Part
357 287.05 Beck's Shoes Uniform Boots
958 30.00 Best Internet Communications Internet Service Fee
959 4,539.51 Bofors Incorporated South Skyline Brochure Printing
960 3,153.06 Brian Kangas Foulk Engineering Services-Teague Hill
961 58.08 Dick Bruhn, Inc. Uniforms
962 1,510.12 Callandar Associates Landscape Consulting Services-Windy
Hill Parking Lot
363 136.48 California Water Service Water Service
364 92.63 Carter Industries Inc. Vehicle Equipment
365 68.00 Continuing Education of the Bar Resource Documents
966 145.00 *1 CSULB Foundation Seminar--P. McKowan
967 96.90 Mary de Beauvieres Vehicle Expense
368 4,461.00 Empire Equipment Company Dozer Rental
369 100.00 Jean Fiddes Reimbursement--Staff Recognition Event
Supplies
370 59.00 Foster Bros. Security Systems, Inc. Keys
)71 24.57 G & K Services Shop Towel Supply Service
�72 287.90 Goodco Press, Inc. Volunteer Newsletter Printing
373 632.88 Goodyear Auto Service Center Tires
174 946.71 Graniterock Road Repair Materials
)75 81.57. GTE Mobilnet Cellular Phone Service
376 115.00 Higdon Pest Control Exterminator Service
377 558.84 Interstate Traffic Control Products Sign Posts
378 115.50 Jodi Isaacs Vehicle Expense
379 260.00 Jakaby Engineering Bridge Inspection-El Corte de Madera
380 3,360.00 Mike Johnson Partition Wall Repairs-Main Office
381 602.44 Tamara Kan Grassland Study-Russian Ridge
382 67.90 Matthew Ken Reimbursement-Uniform Expense
383 1,740.00 Los Altos Arbonst Tree Removal-Deer Hollow Farm
384 375.44 Los Altos Garbage Company Dumpster Rental
385 20.00 Los Altos Town Crier Subscription Renewal
386 315.00 Town of Los Gatos Construction Management Services-
Skyline Field Office
387 279.58 Lucent Technologies AT & T Maintenance
388 758.00 Merwin A. Mace Aquisition Consulting Services
389 91.97 Paul McKowan Reimbursement--Volunteer Supplies
390 200.00 Micro Accounting Solutions Computer Consulting Services
391 301.12 Monogram Sanitation Sanitation Supplies
392 114.29 Minton's Lumber & Supply Field Supplies
*1 Urgent Check Issued October 2, 1996
Page 1
' Claims No. 96-17 —
Meeting Q6-20
Date: Oct. 9. 199G
Revised
M|OPEN|NSUL4REG|{3NAL OPEN SPACE DISTRICT
# Amount Name Description
993 19.50 Netcom Monthly Internet Service Fee
994 86.77 Noble Ford Tractor, Inc. Tractor Oil
995 45.78 Northern Energy Propane
996 307.38 Pacific Bell Telephone Service
997 572.37 Peninsula Blueprint, Inc. Blueprints and Mapping Supplies
998 394.92 PIP Printing Map and Program Printing
_-- ~..'' ~ OSP Printing,^ = LL^ Business Card and Fact Sheet Printing
1000 39.54 Rancho Ace Hardware & (3anjen Shop Repair Parts
1001 102.43 Reed @ Graham Road Repair Materials
1002 50.00 °2 San Mateo County C.S.O.A. California Special Districts Association �
�
� Membership Dues
1003 82.48 Souruo Sport, Inc. Field Safety Supplies
1004 388.75 Savory Q Sweet Staff Event Catering
1005 878.20 Sears Small Tools--Field
1008 0'080.00 E.R. Sheehan Trail Construction Services
1007 132.38 Shell Oil Company Fuel
1008 274'45 Skyline County Water District Water Service ^ |
1009 69.36 Signs of the llnnem Signs
1010 183.78 K8a|om|mn Smith Reimbursement--Staff Recognition Event
1011 64.65 TmoterQEtc. Decals
1012 2'000.00 United States Postal Service Postage
1013 117.60 Michael Williams Vehicle Expense
1014 300.00 Roberta Wolfe Recording Services �
1015 195.00 The Workingman's Emporium Uniform Expense
1016 94.00 =3 2ao Electronic Publications Computer Software
017R 45.00 Betsy Crowder Reimbursement--Meeting
018R 1'431.40 JaneSe|tmnon Planning Cons u|tant--Parking Lot Studies
019R 13'974.00 Tag Group Incorporated Construction Serv|cea—ShyUneRanger
Office
020R 372.30 Petty Cash Local Business Meetings, Field Supplies, |
Volunteer Event Supplies and Office
Supplies
°2 Urgent Check Issued Septmrnber25~ 1996
*3 Urgent Check Issued October 1, 1996
ota| 55.405.00
�
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Page
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Poon Hill
OCT 0, 11996 2200 Bear Gulch Road
Woodside, CA 94062
Tel: (415) 851-4258 Fax: (415) 851-9549
e-mail: Ornstein@poonhill.com
RESPONSE ACTION PROPOSED By STAPr
board President Aeknovledga/Respoad
Nonette Hanko, President Director Aeknovledga/Respoad
Board of Directors Staff Aeknovledga/Respond
Midpeninsula Regional Open Space District Draft Response Attached
330 Distal Cir. Staff to ba Direc'ad to Propare Draft
Rea ponse for ;oa:d Cons ldararl— peg?
Los Altos, CA 94022 Board DSreetive(a)
No Response Necessary
Dear Nonette,
Thank you very much for your response to my earlier letter. I'd like to make three
points:
1. I appreciate your concern for those of us living near MROSD preserves and I want
to reiterate that we enthusiastically support these preserves and their use by the
public. We simply want to avoid the increase in traffic on this already dangerous
road which would be implied if public parking were allowed this far down the road at
Gate LH11. As I'm sure you know, the Allen Road access avoids most of the narrower,
steeper parts of Bear Gulch Road. I realize that the road itself is public, but the
parking area is not, and I hope that those who issue permits for the La Honda Creek
Preserve will be careful to point out that people should not park at this gate.
2. Your letter didn't respond to my querry about the sign below this gate which
allows bicycle use. My letter explained why such use seems inappropriate. Given the
brevity of bicyclicable trail on MROSD land, you might wish to consider altering the
sign to disallow bicycles in order to avoid otherwise seemingly inevitable trespass
problems on the Djerassi Foundation property - despite the preserve boundary sign.
3. Contra to m understanding from an earlier informal chat with one of our
Contrary
Y g Y
people, the Zaffaronis tell me that they have had no inquiry from MROSD concerning
a possible trail easement. I am (understandably) curious to know whether, in fact,
you hope to connect these preserves somehow - and if so, how.
Thanks once again for your prompt attention.
Sincerely,
.0000 Severo M. Ornstein
cc Carl Djerassi
Dale Djerassi
Djerassi Resident Artist Program
Alex Zaffaroni
Regional Open Sjfce
DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Severo M. Ornstein
Poon Hill
2200 Bear Gulch Road
Woodside, CA 94062
Dear Mr. Ornstein:
Thank you for your October 3, 1996 follow-up letter concerning La Honda Creek Open
Space Preserve. The District's Board of Directors reviewed it at our Regular Meeting last
night. As you can see from the enclosed map, parking along Bear Gulch Road is not
encouraged. Instead, vehicle access to the preserve is by written permit only with parking
available in the interior of the preserve (see enclosed map).
In response to your second question, the sign as posted, allowing bicycle use on the existing
dirt road is in accordance with the District's trail use policy, which allows for multiple use
on road width trails. The sign is not visible from Bear Gulch Road but does contain
important regulation information for preserve visitors and neighbors who use this route. In
terms of changing the use, your concerns will be relayed to staff for consideration when the
preserve next undergoes a use and management plan review.
Your third question concerns the potential for connection of the La Honda Creek and 131
Corte de Madera Creek Open Space Preserves. While we are always looking for ways to
link the open space preserves, there are a number of ways to accomplish this. Purchase of
property rights, both fee simple or easement is one way. In this particular case, we may also
consider trail use of a short section of the public road to make a future connection between
the two preserves.
We have no immediate plans for any of these options. Our planning and trail construction
efforts are being put to work elsewhere. The issue of linking the two preserve will most
likely be addressed when a use and management plan is prepared for La Honda Creek Open
Space Preserve. We will add your name to our mailing list for this preserve and notify you
of any upcoming public meetings on this issue.
Sincerely,
Nonette Hanko, 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 0
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nanette Hanko,Betsy Crowder,Wim de Wit
Genera/Manager:L.Craig Britton
MMPENINSULA REGIONAL OPEN SPACE DLS'MC'T
La Honda Creek ope,Space Preserve
INitten Permit RequiuW For Vehicle Access
Qu�i—�
WUNDERUCH PARK
rr ofw
SKYLINE BLVD. ♦t ♦ � 4 a,-..
s
{ , .. f �, r•-Air, /, • t
_ , y
BEAR GULCH RD.',
• ,�
' c� s
i ems" '� •��,� � ►'u �� t�
AULEN RD.: PRIVATEAll I
- ` . "� •�%~t- •
a NO PUBLIC HIKING OR _
, R
RIDING ALONG AIEN RD �Q
, f �►« _ :�
EL CORTE • I ,
OPEN SPACE
PRESERVE Q-
`�' NO PUBUC ACCESS ;
r77
BEYOND THIS POINT
, \ PRESERVE ENTRY GATE ` �� t E • t�',� �
0.2 \ r•. f {
i 0.3 0 5,./�� 1 PRIVATE PROPERTY
I E « y BIG TREE
NO C` a` aF•
Qp
BEYOND \.''J •\ CLOSED AREA
�►y PULLOUT 0.6 _ ` 0.2 .4«�
1 ` CARETAKER
27
PRIVATE PROPERTY.
10.501
r� -- — E
?; NO PARKING ALONG `O
ALLEN ROAD OR
OUTSIDE PRESERVE �1 ' -,PRIVATE PROPERTY
GATE — a, '' \
iu
_116,1 mi. Fey, oaf
RESPONSE ACt10N PROPOSED AX STAPP
Roard Presldeat AcknovisdAe/Respond y
s*� Director Aeknovlsdjs/Asspond
Staff Acknevledje/Respond
Draft Response Attached
T 3 96 Harry Ha e u s s 1 e r, J r. Staff to hs DlreccAd a Prepare Draft
1094 Highland Circle Aespoaas foe loard Consideration per
Roard Dirac tiae(a)
Los Altos, CA 94024 No Aespons. Necessary
October 1 , 1996
Board of Directors,MROSD
330 Distel Circle
Los Altos, CA 94022
Re: Windy Hill Open Space Preserve
Portola Road Parking Lot
According to all plans and information available to me, the
parking lot on Portola Road for Windy Hill was scheduled for
completion this past summer. It is now fall, and no work on
the parking lot has been started. It appears that the parking
lot will not be completed this year.
When I last inquired, the delay was uncompleted under-
grounding of power and telephone lines. I believe my
inquiry was in August, and the telephone lines were the
problem. As of today, the telephone lines are still not
underground.
It is my understanding that MROSD had to pay for the
undergrounding.
If this is true, was a contract for the undergrounding made
with the parties concerned? If not, why not?
If there was a contract, was a completion date specified? If
not, why not. ?
Was there a penalty clause in the contract in the event
completion was not on time? If not, Why not?
What is being done to expedite completion of the under-
grounding?
Have bids been obtained and a contract negotiated so that
work on the parking lot will begin immediately upon
completion of the undergrounding?
Will the completion of the parking lot at least be in this
calendar year?
M faith i n our fulfillment ent of scheduled performance Y o mance has
P
been strained in the past, will this be another let-down?
Harry✓ H. Haeussler, Jr.
0,
Regional Open Sr -e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Harry H. Haeussler, Jr.
1W4 Highland Circle
Los Altos, CA 94024
Dear Harry:
The District's Board of Directors reviewed your October 1, 1996 letter concerning under-
grounding utilities and the proposed parking for Windy Hill Open Space Preserve at our
Regular Meeting last night. Pacific Gas and Electric Company (P. G. and E.)
undergrounded all electrical lines along the preserve's frontage with Portola Road earlier this
year. Pacific Bell has not completed their portion of the undergrounding, although their
underground conduit is in place. Pacific Bell will be completing their portion of the
undergrounding soon in conjunction with another project nearby.
The overhead telephone Imes are not responsible for the delay in constructing the parking,
and we know that the parking lot will not be constructed this calendar year. Staff is
currently meeting with an adjacent neighbor to try to resolve access issues. We tentatively
anticipate resolution of the issues before next spring so that the parking lot construction can
occur next spring and summer.
Sincerely,
Nonette Hanko, 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.con', n.
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
Octobe 1996
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respand
Midpeninsula Regional Open Space District Director Acknowledge/Respond
330 Distel Circle, Staff Acknowledge/Respond
Los Altos, Ca 94022-1404 Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Hoard Diraetiv a(a)
Dear Board Members, No Response Necessary
As you know, the dirt part of Alpine Road had a serious slide that has
rendered it presently impassible, and the cost to fix or reroute
the trail will be very large. Fortunately, you have opened a trail
around the slide, on a temporary basis.
We understand that the San Mateo County Board of Supervisors is
considering not maintaining Alpine, and that the result would be a loss
of this access route into the hills and to Page Mill and Skyline in
particular. This would be a serious loss to u6, pecso..ally, and to many
of our friends. we have used this road and the various connecting trails
perhaps 50 times in the last 10 years. It provides access to several
of the nicest ways to get to Skyline from Portola Valley.
Please do your best to convince San Mateo to continue to maintain this
trail/road.
Sincerel
Dan S. Bloomberg and Irene Beardsley
1013 Paradise Way
Palo Alto, CA 94306
493-8383 or 812-4128
bloomberg.parc@xerox.com
I
Regional Open Sj e
a►
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Dan S. Bloomberg
Ms. Irene Beardsley
1013 Paradise Way
Palo Alto, CA 94306
Dear Mr. Bloomberg and Ms. Beardsley:
Thank you for your letter of October 4, 1996 urging the District's Board of Directors to do
our best to convince the San Mateo County Board of Supervisors to continue to maintain
Alpine Road. The District's Board reviewed your letter at its Regular Meeting last night.
We have been following the issue of the abandonment of Alpine Road for some time. At our
September 25, 1996 Regular Meeting, the Board formally adopted a resolution urging San
Mateo County to continue to maintain Alpine Road as a trail route and emergency access.
This is the strongest action that the Board can take in such a case. The resolution was
fo
rwarded to the San Mateo County Board of Supervisors on September 27. We hope that
you also have written, or will write, to the San Mateo County Board of Supervisors to
express your opinion.
Sincerely,
Nonette Hanko, 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.Smernoif,Nonette Hanko,Betsy Crowder,Wim de Wit
Genera(Manager:L.Craig Britton
Jo st Brandt, 07 :52 A._ LO 7 96 Electric Gate at 26rtola Heigh
From: Jobst Brandt <jbrandt@hplabsz .hpl .hp. com>
Subject : Electric Gate at Portola Heights RESPONSE ACTION PROPOSED DY STAFF
To: mrosd@openspace .org
j board President AeknovZedge/Respond
Date : Mon, 0 7 Oct 1996 7 : 5 2 : 0 9 PDT Cc : mrosd@openspace .org (Craig Britton) Director Aekaoviedge/RespondStaff Ackaovied ge/Respood
--,V
MROSD Draft Response Attached
Staff to be Directed to Prepare Draft
Response for board Consideration per
board !or
5 Oct 1995
No Response Necessary
Members of the Board,
After reading the MROSD discussions these last several months
concerning a gate at the Portola Heights access road, I have not seen
I a reason for this gate to be opened for hikers or other trail users
of the Long Ridge OSP. There is no livestock that must be contained
and other entrances have open passages for rolling access of bicycles .
I see no reason for opening the current gate nor that this gate has
any use other than to discourage non residents from entering the
road with a motor vehicle . This is not the intent of the ridge trail .
I
Because the ridge trail does not foresee any new uses for the
preserve, nor is there a need for electric power, the concept of
bringing in electric service to people who themselves chose to live in
a region that should not be inhabited for many reasons . The steep
wildlands that they build on are despoiling the steep slopes of these
canyons devastating habitat of predatory animals . They put a burden
on fire and rescue services for which we all pay, not to speak of
expended fuel to commuting from there . Contrary to claims, these are
not open space preservers, but despoilers . The space is neither open
nor preserved.
I strongly oppose bringing in power to operate an unneeded gate and
even more because electric service would strongly increase development
of the many lots not now occupied in Portola Heights . MROSD wiring a
gate would unwittingly enhance development if it meant access to PG&E
power for this subdivision. It also appears to be something none of
the many other MROSD preserves have .
Jobst Brandt <jbrandt@hpl .hp. com>
351 Middlefield Rd
Palo Alto CA 94301
(415) 857 6680 bus
(415) 323 1549 res
Jobst Brandt <jbrandt@hpl .hp. com>
Jobst Brandt <jbrandt@hpl .hp . com>
PrintecT- of—r—Malco-I�►emit-fi <mrosd�openspace.-org> - 1
-&Regional Open S*ce
......................
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Jobst Brandt
351 Middlefield Road
Palo Alto, CA 94301
Dear Mr, Brandt:
The District's Board of Directors reviewed your October 5, 1996 letter concerning the gate at
Portola Park Heights Road on the Long Ridge Open Space Preserve at their Regular Meeting
last night. The electric gate will replace an existing manually opened gate which currently
blocks vehicle access to the open space preserve. The District typically gates all vehicular
entrances to preserves.
In this particular case, the residents of the Portola Park Heights Community, located east of the
Long Ridge Preserve, have legal access to their property through the preserve on Portola Park
Heights Road. Not only does this route serve as a patrol route for the preserve by District field
staff, but it also is the access road to the Portola,Park Heights community. The Bay Area Ridge
Trail is proposed to cross Portola Park Heights Road near the existing gate at the junction of
Portola Park Heights Road with Skyline Boulevard. Portola Park Heights Road is closed to
hiking, bicycle, and equestrian use and preserve users are to use off-road trails. Unfortunately,
some users, especially bicyclists, have failed to comply with the posted signing concerning the
road.
The new gate will be located approximately 100 feet from Skyline Boulevard. The utility will
be undergrounded a total of approximately 200 feet, and a single meter service will only power
the electric gate. The community currently has the ability to extend electrical power from the
Skyline Boulevard corridor to the subdivision. The most likely reason they have not already
done so is the associated cost, and this project will not affect that cost in any way.
Sincerely,
Nonette Hanko, 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
Long Ridge Open Space Preserve
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• RESPONSE ACTION PROPOSED BL_STAFF
Board President Acknowledge/R—pond
=� Director Aeknovled7a/Ruyood
Staff Acknowledge/Respond
Draft Response Attached
Staff to ba Directed to Prepar-+v Draf'
Response fot Board Consideraeiwn par:
Board Direccive(s}
No Response Necessary
October 15, 1996
Board of Directors
MROSD
330 Distal Circle
Los Altos, CA 94022
Greetings:
I have been a resident on Skyline Boulevard for 35 years. In all that time the proposed
development by the Russian Orthodox Church of a retreat for both pemnanent residents and
resident visitors along Skyline Boulevard presents the most serious threat to the integrity of this
open space area.
Such a development would destroy the view in an important segment of the Scenic
Highway as well as initiate commercial development in this area.
In the years ahead there should be a regional trail from the scenic view point at the
junction of highways 92 and 35 extending down the peninsula to highway 84 and beyond with
vast areas of open space and sweeping views of the ocean,open only to limited recreational uses.
Prompt action by the Midpeninsula Regional Open Space District is needed to preserve
this significant open space area.
Sincerely,
Walter H.Droste
12475 Skyline Blvd
Woodside, CA 94062-4541
(415)851-8146
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RESPONSE ACTION PROPOSED BY STAFF
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To: Midpeninsula Open Space District Board of Directors Draft Response Attached !!!!
From: Peninsula Access for Dogs (PADS) Staff to Ee Directed Pt spare Draft
s Re a ponaa f r Baard Consideration per
Subject: Dog Access at Windy Hill Board Directive(s)
Date: 17-Oct-96 No Response Necessary
We are very pleased that you are considering opening additional trails to dogs at Windy Hill.
Several issues came up at the Use and Management Committee's meeting on September 16th. We
wanted to address those issues as well as provide you with copies of our informational fliers. We
look forward to continuing to work with both the Board and District staff on dog access issues.
First two individuals from Portola Valley spoke in opposition to additional dog access. They
voiced concerns about adverse impact to wildlife, fear of meeting dogs on the trails, and doubts
about adequate parking. The majority of their concerns are common objections to dog access. We
have included a white paper, "A Discussion of Dog Access Issues" that addresses these issues.
Windy Hill is not a preserve for the exclusive use of Portola Valley. The entire district pays taxes
for open space. The voices of these few individuals should not override the larger number of users
supporting increased dog access. At the Use and Management Committee meeting 3 people spoke
in opposition, and 15 spoke in favor of increased dog access.
Second,a member of the Use and Management Committee stated that the District had just made
drastic dog access changes at several preserves and that no more changes should be made at this
time.
PADS is not requesting that all of the Districts preserves be opened to dogs. However we still feel
that compared to other types of users, dog access is still too limited.
Only 7 of the 24 preserves are open to dogs.
22 of the 24 are open to horses
24 of the 24 are open to bicycles.
During the meeting, the staff presented their comparison of the two trails under consideration.
They used a numeric ranking system, with points reflecting suitability for use. Razorback Ridge.
was ranked equallt to Hamm's Gulch in all but three areas: parking, trail width, and conflicting
special uses. The following paragraphs discuss each of these issues:
yam.
Parking: Limited parking is not a dog issue.it is a user issue. In the past opening a preserve to
dogs to has not produced a significant increase in the number of trail users. The limited parking ^
bellow Razorback Ridge is unlikely to experience significant additional usage due to dog access.
Trail Width: Staff was concerned that Razorback Ridge is too narrow for a dog and its owner to
yield to other trail users.
We feel that any trail that is open to equestrian use must somehow have room for two horses to
pass. That's plenty of room for a dog and owner to step off the trail.
Conflicting Special Use: Staff was concerned about the residence adjacent to the lower trailhead for
Razorback Ridge. The residents have dogs and they may be disturbed by trail users with dogs.
Living near a trailhead no doubt has its difficulties.However it is unclear that dogs will have a
significant impact on this. One of our members reports that these dogs usually bark when anyone
goes by. He reports they have barked the last 3 times he's hiked or jogged by. And that he can
often here them barking when he's up on the Toyon trail (south of Alpine and a few hundred feet
uphill). For trailheads like this one with limited parking,experience indicates that usage will not
increase by more than 2-3 visits per day. This additional use is not likely to significantly aggravate
the existing situation. Perhaps this is a dog training issue for the resident rather than a dog access
issue for the district.
We would like to request the board consider opening both Razorback Ridge and Hamm's Gulch to
dogs on leash.
This would be consistent with the district's guidelines that state dog access rules should be
consistent for an entire preserve. This will also make signage easier and less expensive.
Enforcement activities will be more straightforward as there will be less confusion as to where
dogs are allowed.
As an organization,PADS is working to educate dog owners about their responsibilities when
using parks and trails. Our"Violation"flyers point out an off-leash or dog not allowed violation.
They also give tips on trail etiquette and hazards and access to PADS as an educational and
advocacy resource. We encourage our members to contact other dog users they meet on the trails.
We are working on a reporting form to collect some dog usage statistics. We look forward to
working with the District's new volunteer coordinator to help the District implement changes to
dog access policies.
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A Discussion of Dog Access Issues
Peninsula Access for Dogs
16-Oct-96
This paper is a summary of many of the issues related to dog access to public parks and trails. In
the past we've had many emotional discussions about the impact of dogs in parks and open spaces.
Many issues come up again and again. Frequently there is little hard evidence on either side of the
discussion and emotions run rampant as each side recounts incidents and stories.
In this paper we address the recurrent issues in a rational manner. Where possible we have
presented research to support our points of view.
Dogs and other trail users
-- Dogs can frighten other trail users
As can other trail users including do horses, bicycles, and other hikers.
Anyone who has used the trails for any length of time will have most likely have had an
uncomfortable encounter with all different types of trail users.
Equestrian users have been startled by bicycles and dogs. They have encountered people who just
will not step to the side of the trail to let them pass by.
Hikers have been passed by a speeding mountain bike, had a horse get too close for comfort, a dog
bark, or a creepy person come up behind them.
These uncomfortable encounters are infrequent. Trail etiquette and general politeness make most
q
q g
encounters on the trail pleasant ones.
Trail users can learn to coexist. Banningone a of trail user t inc
rease crease the comfort level type e of
another type of user is not the solution.
Dogs and Wildlife
-- The presence of dogs will discourage wildlife from using the area.
This claim is contrary to our experiences. Hikers with dogs report that,if they are quietly walking
on a trail, they frequently will see deer, small mammals such as squirrels and rabbits, and birds.
Less frequently they report seeing foxes, bobcats and mountain lions. Residents that live adjacent
to the wildland, have noted that the presence of domestic dogs does not seem to discourage
wildlife. Many report seeing a wide variety of wildlife right in their own back yards. They report
that the presence of their dogs does little to discourage deer from eating their plants and to keep
raccoons from testing their garbage cans.
The"natural dog",is the coyote. They greatly outnumber domestic dogs in our openspace
preserves and represent considerably more of a predatory threat to wildlife. A recent informal trail
scat survey indicated that the majority of the scat on the trail was from coyotes rather than domestic
dogs. Coyote scat contains more hair and small pieces of bone, making it vary distinguishable
from domestic dog scat. A few domestic dogs hiking through an area is not likely to have a
significant impact on the behavior of the wildlife.
-- Dogs will chase and injure wildlife.
We checked with Wildlife Rescue in Palo Alto and the Peninsula Humane Society's Wildlife
Rescue Group to determine if they shared this concern.Wildlife rescue professionals do
occasionally treat wildlife that has been injured b dogs. However the state that the problem
J Y g Y p ob em dog
is typically one that runs loose in an area not a supervised tYP Y d do out for a walk r 'o hike with '
owner.
P g t its
Domestic dogs do not depend on their predatory skills to feed themselves. Few of them are
effective predators. Most wildlife can easily escape a domestic dogs interest.
A dog that is chasing wildlife is not a dog that is under the control of the owner. Regulations
require dogs to be leashed in most areas, and under control of the owner in areas where leashes are
not required. Dog owners that are unable to keep their dogs from chasing wildlife should keep
them leashed. Citations should be written to owners that allow their dog to chase wildlife.
-- Dog feces will spread disease to wildlife.
With the help of our information specialist, we did a Medlin/Veterinary search back 6 years. We
came up with no information regarding transmission of dog disease thru feces to wildlife. We did
find two abstracts both related to the transmission of rabies.
(epidemiology)Translocation of rabies variant from on area to another....increasing in the US.Diagnosed
in five dogs from two associated kennels in Florida—was a variant not previously found in Florida but
endemic in coyotes in south Texas.
The other abstract covers a study of rabies in Serengeti.They identified dogs as a potential reservoir for
rabies and stated that the infection is more likely to be maintained in higher dog densities.
We contacted the California State Dept. of Fish and Game's Wildlife Investigation Lab. They
reported that there are very few documented cases of disease transmission from dogs to wildlife.
All of the Bay Area counties require dogs to be vaccinated and licensed.
Dog owners that run and hike with their dogs generally care enough about their dogs to have them
vaccinated and examined by a veterinarian.
Local veterinarians report that the few cases of distemper they see are usually associated with dogs
that freely run in a neighborhood full of dogs. These tend to be neighborhoods where the animals
receive little preventative medical care.
-- Dogs will damage sensitive habitat areas.
Dogs that are on leash are not likely to disturb habitat. The may drink from a water source or lie in
it to cool off.
All users must respect sensitive habitats. The PADS trail tips handout states...
Meadows,marshes,ponds,and creeks are home to many small animals and fragile plants.Treat them as you
would a friend's beautiful flower garden;enjoy them,but don't let the dog run wild in them.
Off leash dogs do have the potential to damage habitat; they are the only trail users (other than
orienteeringgroups) that are likely to venture off h o the trails. The most Comm�' P Y on off leash activity is
hiking and running. These dogs usually are near the trail and moving along with their owner.
Because their presence is brief, there is no time to partake in damaging activities.
Sensitive habitat areas should not be off leash areas. Further, they should probably be closed to
other users as well.
Dog owners who can not control their dogs and allow them to partake in destructive activities
should be cited.
Trail Width and Visibility
-- Trail is too narrow for a dog and owner to get out of the way of another trail
user.
Any trail that is open to horses must somehow have room for two horses to pass one another.
Likewise for trails open to bicycles. This is plenty of room for and dog and owner to get out of the
way.
-- Trail visibility is poor. Other users may not be able to see the dog coming.
This is not an issue that is specifically related to dogs. Whenever visibility is poor, the chances of
being startled by another trail user increase.
-- Limited parking space precludes dog access.
Limited parking is not a dog issue. It's a user issue. Our past experience has not shown opening a
preserve to dogs to have a significant impact on the number of users. Dog users should get to
utilize existing parking just as other users do.
-- Personal Safety Issues
Many trail users feel more secure when they are accompanied by their dog. This is especially true
for women who hike alone.
Attacks on hikers are not common. However there is a history of them.
The trailside killer murdered numerous hikers both men and women in Marin County some years back.
Santa Clara County officials are currently having problems with the"Trail Groper",and are encouraging
women to use the trails in groups and to carry cellular phones.
The Los Altos Chief of Police recently expressed concern to one of our members after he learned that she
frequently hikes area trails alone.He encouraged her to take along her dog some pepper spray.
While a dog will not stop a determined attacker, it may be a good deterrent. Most dogs will bark
wildly when their owner is being confronted. This may deter the attacker or attract help from other
trail users.
Mountain lion sightings are becoming more common in our area. The presence of a dog with its
owner may help deter any possible attack.
-- Poor compliance with rules and regulations.
When regulations"make sense", and are not"too restrictive",people have few problems following
them. When regulations are unnecessary,restrictive,
a or uncle
ar,people
le are no
t as willin
g to follo
w
them.
The East Bay Regional Park District does not have large problems with people failing to comply
with their dog regulations, because their regulations meet the needs of their dog users. The are free
to focus their dog enforcement on dogs and owners that are actually causing problems.
Increased compliance can also be obtained through education of users about the need for the
regulation.
PADS
Peninsula Access for Dogs
809 B Cuesta Drive Box 196 Mountain View,CA.94040
Telephone (415)529-9410 Fax (415) 851-9341
Email:pads@prusik.com Website:WWW http://www.rahul.net/prusik/pads
Who are we?As dog owners living on the San Francisco Peninsula,we are committed to increasing open space
and public access for ourselves and our dogs.In the summer of 1995 we formed the group PADS with two
primary goals:
•To work with land management agencies on the Peninsula to improve public policy regarding dogs.
•To promote responsible dog use of parks and open space areas and increase acceptance of dogs in public.
There are three ways in which you can help..
'o When using public parks and open space areas,please consider the following:
Know that other trail users can be frightened by dogs,so keep your dog under control and communicate with
others.
CIE Dispose of your dog's waste:In heavily used areas pick it up and take it away.At the very least,move it off
the trail.Please consider removing other dog's waste as well.
Know and observe the regulations in your area
'p The following public agencies determine and enforce the dog access policies in the larger parks and
open space areas on the Peninsula. Please contact them and inform them of your strong support for
allowing dogs on public grounds.
County of San Mateo California Department of Parks County of Santa Clara Midpeninsula open Space District
Park&Recreation Commission Henry Cowell Redwoods Park&Recreation Department 330 Distel Circle
400 Marshall St. State Park 298 Garden Hill Drive Los Altos,CA.
Redwood City,CA. Felton,CA. 95018 Los Gatos,CA. 94022
94063 (408)335-9106 95030 (415)691-1200
(415)3634020 (408)358-3741
04' Consider becoming a member of PADS!If you would like to become a member,please fill out and
detach this form,and send it along with a suggested fifteen ($15)dollar donation,to PADS.
--------------------------------------------------------------------------------------------------
Name:
Address:
Phone(Fax and Email if available):
❑ Yes I'd like to get more involved,please contact me for futum meetings or activities.
Special skills (for example; dog trainer, vet, graphic arts, legal, publicity, etc):
Special interests(such as dog hikes,trail cleanups,letter writing,attending agency meetings,etc.):
Please return this information along with your donation to:
PADS,809 B Cuesta Drive,Box 196,Mountain Yew,CA.94040
Thank you!
Regional cc
R-96-108 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-21
October 23, 1996
AGENDA ITEM
Authorization to Appraise and Initiate Negotiations to Purchase Russian Orthodox Church
l?P g
Convent of Our Lady of Vladimir Property on Highway 35 in San Mateo County
GENERAL MANAGER'S RECOMMENDATIONS fQ�:�
1. Authorize the General Manager to retain an appraiser to prepare an appraisal of the
subject property.
2. Authorize staff to initiate negotiations to purchase the property.
DISCUSSION
In May, 1996, District staff was approached by representatives of the Russian Orthodox Church
Convent of Our Lady of Vladimir seeking comments on the Church's proposal to construct a
convent and retreat center for religious studies on a 288-acre parcel located on the west side of
Highway 35, Skyline Boulevard, approximately one and one-half miles south of the intersection
with Highway 92 (see attached map). This property had been owned for many years by the
Roman Catholic Church. Representatives of the Catholic Church had repeatedly assured staff
that there was no intention to develop or sell the property, and that it was defacto open space.
However, the property was recently sold to the Russian Orthodox Church at a reported price of
$700,000 without being listed for sale and without notification to the District.
At your October 9, 1996 Regular Meeting, a group of neighbors and nearby residents to the
property addressed the Board, expressing concern about the proposed project and requested that
the District acquire the property. You directed staff to agendize this item for your October 23
Regular Meeting.
The development proposed by the Russian Convent of Our Lady of Vladimir consists of a
cloistered convent for 20 nuns, a chapel for the nun's use, a duplex residence for a priest and
caretaker, a retreat center for religious studies including eight bedrooms and two rooms for
visiting clergy, and 25 parking spaces (see attached plan). In addition, the convent is proposed
to be made financially self-sufficient through unspecified agricultural activities, and/or
production of items such as baked goods; a bakery is included in the convent plans. The total
development includes over 18,000 square feet of building area. The new convent is intended
to replace a facility located in San Francisco's Mission District. According to church
representatives, due to urban impacts including crime and noise, the current site has become
untenable for the this cloistered order and has made it difficult for them to recruit novices.
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 Renshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L Craig Britton
R-96-108 Page 2
The subject property is located in the watershed of upper Mills Creek and consists of steep
ridges and valleys, with grassland and chaparral vegetation, and non-native cypress, eucalyptus,
and acacia trees at the top of the ridge. Except for scattered residences close to Highway 35,
the site and the entire region around the site is undeveloped land which provides critical
watershed, and viewshed from Highways 35, 92, and 1. The property is north of Burleigh
Murray State Park, being separated from the park by a 120-acre property in which the Peninsula
Open Space Trust (POST) has a 50% ownership. To the north, occupying most of the hillsides
between the site and Highway 92, are undeveloped, but privately owned lands. To the east,
across Highway 35, are the 23,000-acre San Francisco Peninsula watershed lands (see attached
map).
A portion of the property, including some of the area proposed for development, is located
within the Skyline Scenic Highway Corridor. Virtually the entire property is in the designated
Coastal Zone. Accordingly, the property is zoned Resource Management/Coastal Zone. The
property currently has two residential density credits based upon standards in the County zoning
ordinance. However, the proposed agricultural property to provide the density credits necessary
for the project, based on a preliminary analysis by the county.
At the May 1996 meeting, staff expressed concern to Church representatives that the project was
in a highly sensitive area that is not suited to the intended use, that the weather is extremely
windy, foggy, and rainy and might be a hardship on the sisters. Staff also reiterated long-term
District interest in purchasing the property. Since that time, staff has written two letters to
project representatives proposing to discuss District acquisition of the property; but the
representatives have declined to discuss District acquisition. On September 11, an application
was submitted to San Mateo County for review of a conceptual development plan, which is the
first step toward approval of the project. Since that time staff has been told that permission to
visit the site has been withdrawn by the Church.
District staff have a number of concerns about the project:
Visibili . The buildings, particularly the gilt dome that is planned for the chapel, will
be visible from Highway 35, 1, and potentially from Highway 92. They will certainly
be visible from nearby residences, parks, and open space. The chapel structure will be
as tall as a three story building.
Traffic Safety. Another concern is safety of access to and from Skyline Boulevard. This
is a fast and curving stretch of highway which is regularly swept by fog and wind.
There have been a number of fatal accidents in the vicinity. Staff is concerned that the
driveway that is proposed to be used does not have adequate sight distance and room to
merge on and off the highway.
R-96-108 Page 3
Sentic Percolation and Water Use. The Environmental Setting Survey submitted for the
project does not address septic system percolation, which is required in the standards for
the submittal. Also the amount of water use estimated for the site appears to be very
conservative and does not account for all the landscaping that would be required or for
any agricultural or bakery operations that is as yet undisclosed.
Wildlife Habitat, The site is a part of a wildlife corridor which provides a vital
connection between the San Francisco watershed lands and coastal watersheds to the
west. The San Francisco watershed lands are part of a United Nations-designated
Biosphere Reserve, to which these lands are functionally connected.
Regional Trail Alignments. The site is identified in the Bay Area Ridge Trail Council's
plans as part of the Ridge Trail corridor, and as a potential alignment for this federally
recognized regional trail ringing the seven Bay Area counties. Due to the strong
resistance of the San Francisco Water Department to the placement of a trail in the
watershed lands, a north-south trail alignment on the west side of Highway 35 may be
of critical importance for the completion of the Ridge Trail. The application does not
recognize these trail issues and does not propose to permanently protect any of the site
through the dedication of open space easements or other mechanisms, or the dedication
of public trail alignments.
Commercial and Agricultural Enterprise. Staff is concerned about the nature and impacts
of the activities to allow the sisters to be self-sufficient. For example, if a bakery is
proposed, this will entail regular delivery of supplies and shipping of the products. If
agricultural activities are contemplated, what associated facilities, structures, earth-
moving, and activities will be required? This use must be considered in context with the
rest of the development.
Scale of Development, The extent of the proposed development is inappropriate for this
location. It is certainly incompatible with the adjacent open space lands, and with the
adjacent sparsely-developed residential community. With 18,000 square feet of
structures, parking for 25 cars, permanent occupation by 22 people and intermittent
occupation by 10 to 18 additional people (assuming that some of the overnight rooms in
the retreat center are occupied by more than one person) plus visitors, and service and
maintenance people, the complex is analogous to a medium-size motel. The development
is equivalent to between 10 and 16 single family residences in terms of the number of
people on site, yet only six density credits are proposed to be provided, four of which
are being transferred onto the site. Staff is concerned that coastside density credits are
proposed for transfer to a designated State Scenic Highway Corridor, especially an area
with sparse vegetation cover to screen development, coupled with a topography that
severely limits development potential.
R-96-108 Page 4
In summary, the subject site is part of a complex of critical habitat, visual buffer, and trail
corridor lands of great importance to the residents of the Kings Mountain area, Half Moon Bay,
and the San Francisco Peninsula region in general. Many public agencies and private
conservation organizations have been working for years to protect these critical lands. Although
sympathetic to the sister's desire for a new home, staff believes that this project is inappropriate
for this location and that the property should be preserved as open space.
Staff requests the Board's authorization to hire an appraiser to establish a value for the property
and initiate formal efforts to negotiate with Church representatives for the purchase of the
property.
Prepared by:
Randy Anderson, Senior Planner
Contact person:
L. Craig Britton, General Manager
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Regional Open S. ce
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 23, 1996
TO: Board of Directors
FROM: L. Craig Britton, General Manager
SUBJECT: Additional Written Communications - Agenda Item 1 Authorization to And
and Initiate Negotiations to Purchase 288-Acre Russian Orthodox Church Convent
of Our Lady of Vladimir Propr kon Highway 35 in San Mateo County
Attached are 14 additional written communications received since the packet mailing Friday,
October 18. Included are: a resolution from the Sierra Club Loma Prieta Chapter, eleven
letters requesting District's involvement in this acquisition, 1 letter opposing District involvement
and a petition containing approximately 220 signatures asking the District to acquire the property
by any means available, including the power of eminent domain.
330 Distel Circle Los Altos, CA 9402 2-1 404 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
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THE DARWIN GROUP TEL :415-854-8134 Oct 23 ,96 15 :29 No .002 P .01
October 23, 1996 BY FAX 691-0485
President Nonette Hanko;and Board Members
Midpeninsula Regional Open Space District
Re: Proposed Action on Agenda
to App rais
e and initiate Negotiations to
Purchase the 288 acre r
Skyline Boulevard � � owed by the Russian Orthodox Church on
Dear President,Hanko and Members of the Board,
The Committee for Green Foothills strongly supports the acquisition by the
District of this property. Last Spring, as'Legistative Advocate for the
Committee, I was contacted by representative of the Church to discuss their
plans.' At that time, I was unaware of the District's potential interest in
purchasing this property. As more Information has become available about
the project, our members who live In the Skyline area have expressed
concern about its impacts, particularly with respect to some of the proposed
uses ancillary to the residential facility.
The Committee for Green foothills believes that this parcel Is an important
connection between Skyline and the open space preserves and parks to the
west, It sits on a prominent and conspicuous ridge which is visible from
Skyline Boulevard, Highway 92, and Highway ),and beyond. We urge your
Board to begin negotiations with the property owners, and if necessary, to
acquire the property by eminent domain. Such an action would provide a fair
market price to the owners, while permanently preserving the entire
party.
I am sorry I cannot be at your meeting tonight,but please consider this letter
as you deliberate on this proposed acquisition.
Sincerely,
Lennie Roberts, Legislative Advocate
Committee for Green Foothills
A regional g"4p W0t*frtg.for e nf4ronnleW(d qual oy
d
"71-d
THE,COMMT'1'` EF, FOR GREEN FOOTHILI.S
Pcnlnsula Conservation cc cc 3921 Bast Ilayshore,Palo Alto.Calilibmia 94303•015)968-7243
_—_ —------------
THE GERMANS
13080 Skyline Boulevard
Woodside, California 94062
(415) 851-4198
October 22, 1996
Board of Directors
MROSD
330 Distal Circle
Los Altos, CA 94022
Dear Board
I am writing to express my support of the Russian Orthodox
Convent to be built in the upper Mills Creek Watershed
proposed
near 12100 Skyline Blvd. , Woodside . The status of this property
seems to have been in limbo for several decades . This project
would end that status with a seemingly very low impact complex,
leaving the vast majority of the property in an "open space"
status . This keeps this marginally desirable property in the
private sector and off the burden of the many over-extended and
under funded park departments . It also seems to be a use that
may even follow the intent of the original gift .
My understanding of this area is that it is not original fauna.
The current landscape may have been created by the over-grazing
of Mission cattle . If this is the case, it has little historical
value . As someone who hikes occasionally, this area of steep
coyote bush with very few trees would not be my idea of a
pleasant place to hike.
Even though this project will not affect or impact me in any way,
I feel it is important that the vocal minority not be allowed to
overrun the silent majority. I trust that the District will
weigh the benefits of this property and currently proposed
project against the needs of the existing property already under
your control .
Sincerely,
Carrie German
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Oct-23-96 01 : 26P Christian Counseling Ctr. 408 559-1115 P.02
Robert and Jessica Agromonte
12150 Skyline Boulevard
Woodside, CA 94062
October 23, 1996
Board of Directors Mid Peninsula Regional Open Space District
330 Distal Circle
Los Altos, CA 94022
To the Board of Directors:
We are residents of Kings Mountain and live on the ridge over the Mills Creek
Watershed on Skyline Boulevard near Highway 92. There is an eminent threat of
commercial development by the Russian Orthodox Church of the 284 acre property in
the upper Mills Creek Watershed (APN 067-310-110). Our property is next to this
currently undeveloped and highly visible open space. The property has panoramic
coastal and Boy Area vistas, would be ideal for the regional trail system and is essential
to preserving a continuous open space corridor in San Mateo County.
We have enjoyed access to the trails for more than eight years. In addition to the
beautiful coastal vistas, the watershed is filled with wildlife including deer, coyote,
bobcat, mountain lion, raccoons, skunks, rabbits, hawks and eagles. We know that this
would be a unique and cherished addition to the open space trails. Because of the
immediate threat to this rare and scenic property, we are requesting that the
MidPeninsula Regional Open Space District purchase the property through any means
available, including the power of eminent domain.
Sincerely,
Bob Agram me and essica Agramonte
From:julia.bott(a_ sfsierra.sierraclub.org
Date: Tue, 22 Oct 96 19:45:29
To: mrosdgnetcom.com
Subject: Mill Creek watershed
October 22, 1996
Board of Directors MRSOD
On behalf of the Loma Prieta Chapter, I am writing to inform you that the resolution below will be considered
by the Chapter's Conservation Committee on October 28th and the Chapter's Executive Committee on
November 6. Thank you for your continued consideration of this important issue.
s/Julia Bott Chapter Director Loma Prieta Chapter
Resolution supporting Friends of Mill Creek Watershed
Whereas the 288 acres located west of Skyline approximately 2.5 miles south of Hwy. 92 has significant natural
resources, including 2 watersheds;
Whereas this site has great potential for public recreation including connecting several parks and access for the
disabled; and
Whereas public access and parking can be provided from a safer location elsewhere; and
Whereas the site is proposed for significant development including a convent, retreat center, houses for support
staff, commercial activities, and a 24 car parking lot; and
Whereas the scale of development is inconsistent with adjacent land use,and
Whereas,the acquisition has local support and will provide great public benefit;
Be it Resolved that the Loma Prieta Chapter supports the acquisition of this property, through any means
necessary, by the Midpeninsula Open Space District.
Attorney at Law-(4 15)529-9521 -Created:Tuesday,October 22, 1996 4:06 PM- Page I of I
------------------------------- ----------------------------- -------------------------
Elise Jacques
112 Ware Road
Woodside, CA
94062
Board of Directors
MROSD
330 Distal Circle
Los Altos, CA
94022
October 22, 1996
Dear Sirs and Madams:
I am writing to express my support for the proposed
acquisition by MROSD of the approximately 280 acres of open
space in the Mills Creek watershed. I wholeheartedly support
MROSD's proposed purchase of this property. If necessary, I
believe that the powers of eminent domain should be invoked
to save this land as open space for posterity.
I am a newcomer to Ring's Mountain. I moved here in
large part to live in and around the forests and open space.
Although I live several miles away from the Mills Creek
watershed I would feel a significant loss should this area
not remain in its current pristine state.
The area in question is tremendous open space. It
contains sweeping hills from the top of the ridge down to the
Pacific. The coastal views from Skyline ridge are world
class. Many of my neighbors have taken advantage of this open
space for years. I would like to have the opportunity to join
them in using this land for hiking over the years to come.
Thank you for your consideration of the proposal to
acquire this property.
Sincerely,
Elise Jacques
To: Midpeninsula Regional Open Space
OCT 2 2
Dear Sirs,
My name is Peter Moravcsik. I live at 223 B Ridge Road, on a section of Kings Mountain adjoining
Purissima Creek Open Space. I'm writing concerning the controversy surrounding the Mills Creek
Watershed and the convent that the Russian Orthodox Church proposes to build there. It has come to
my attention that a petition is circulating which encourages the district to acquire the land "by any
means available, including the power of eminent domain.....bordering neighbors have hiked, and ridden
horseback [on the property] dating back to the 1950's" (from a brochure circulated by "Save Skyline
Open Space", encouraging people to sign the petition). While I value the open space on the mountain
(that's why I moved here), I believe that this would be a very poor decision.
The cooperation of private landowners is key to the preservation of open space. The recent connector
trail between Portola and Big Basin State Parks is a good example of cooperation between private
landowners and public agencies. The taking of private property, based on the fact that the landowner
was courteous enough to allow certain members of the public to enjoy the use of that property, sets a
dangerous precedent.
The MROSD depends for its success upon the support of the public. In addition to support from
landowners vis a vis the granting of easements and mitigation measures, there must be public support
for the district's mission and a commitment to providing the resources necessary to carry that mission
out. I think it worthwhile to note that in recent years, organizations like the Nature Conservancy,
which respect private property rights and work side by side with landowners, have been gaining
members, while organizations like the Sierra Club, which favor more radical tactics, have seen their
membership rosters shrink.
I
I do have a personal stake in your decision. I have spent many weekends exploring the Santa Cruz
Mountains. I've photographed Black Salamanders and Pacific Giants on scout property near the
headwaters of Oil Creek, and an antique donkey engine resting in a clearing on the North fork of Gazos
Creek. I've descended the Toll Road with an altimeter to follow the course of an old route listed on a
turn of the century USGS map, which leads down to the San Lorenzo river, and I've explored the maze
of old logging roads connecting Long Ridge Open Space with Pescadero Creek. Needless to say, I
have trespassed all over private property. Only once did I run into a truly irate landowner; all other
encounters ended amicably. Should public agencies make a practice of using past public access as
rationale for restricting further land uses by private landowners, I doubt that I will continue to receive
such polite treatment.
In summary, I would encourage the District to try to work with the Roman Catholic Church to mitigate
the effects of the planned convent, rather than taking the adversarial approach called for in the petition
being circulated by "Save Skyline Open Space". After all, we're not talking about development on the
scale of that monstrosity that went up along highway 280, next to Rancho San Antonio Open Space.
Please give my input some consideration. Thank you.
Peter Moravesik
223 B Ridge Road
Woodside, CA 94062
s- - CN-18-1
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OCT 2
Adam Miller
16655 Skyline Blvd.
Woodside, CA 94062
October 20, 1996
Board of Directors
MRSOD
330 Distal Circle
Los Altos, CA 94022
Members of the Board:
I support the Board's proposal to purchase the Mills Creek Watershed to
preserve it as open space.
I strongly oppose commercial development along the Skyline Scenic
Corridor.
For ten years I have lived on Skyline Blvd. My neighbors and I do not want
housing developments and commercial businesses in our neighborhood.
We love these mountains and open spaces. We feel that any development
creates a significant blemish.
Please take immediate action to acquire this wonderful property and
preserve it for posterity as open space.
Sincerely,
kv,
Adam Miller
SENT BY: ;10-18-86 13:50 +LEDD SAN CARLQS PURC-+ 2
Board of directors
MROSD
330 Dirtel Circle
Mountain View,CA 94022-1404
Regarding: Patcel number:APN 067-310-110
Dear Ladies and Gentlemen,
We are members of the Kings Mountain Community,and are concerned about of the potential
development of ft tipper Mills Creek W by the Russian Orthodox Church.
We moved to King's Mountain in March oithis year,primarily because of the Waal minus and
natural beauty of the area. The Coastal Range in San Mateo County contains regions of unparalleled
grandeatr,with views of the surrounding countryside that should remain unspolled no upper Mills
Creek Watershed is just such an area. This ridge has views of San Francisco Bay,the Pacilic Occan,
Mount Tamalpa%Mountt Diablo,inching vistas as far North as Mount St.Hems. This combination of
scenery is unique and could easily be spoiled by am development. A view such as this one should be
available to anyone willing to walls to it,not sequestered away by an insdtudon.
Them are many compelling reasons why the District should try to secure this land for future
generations. It is,as stsaed above,a place of great beauty mid serenity. It also would connect several
properties already controlled by the DiadcL It is within the boundaries of that region the district
oonsidexs essential to pewrvation of the Coastal Range. It is the home of dtvwx animal and plant
communities,communities which would be threatened if not disrupted by development. It is in the center
of a known game trade,one which the Coast Blecktad deer use heavily in their wanderings from the lakes
to the redwood forests. It is in a location which ruin be considered for any implementation of a trail
circling the Bay Area
It is our request as native Califomians and citiam of the County of San Mfto that the Board of
Directors of the MiAxmnsula Regional Open Spada District consider securing this property for
preservation from any farm of developsuent.
David and Jocelyn Perrone
316 Ridge Road
Woodside C
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October 17, 1996
Board of Directors
MROSD
330 Distal Circle
Los Altos, CA 9+OLL
Dear Directors:
As a thirty year resident on Skyline word of early development in my immediate vicinity of 284
acres in the upper dills Creek Watershed is both distressing and shocking. The plans clearly contemplate
commercial usage, such as selling crafts, books and mementos and manufacturing the same, renting
sleeping rooms and meals, in addition to the religous usage. The area is now single family resenditiai and
agricultural and this intrusion of commerce is highly inappropriate.
Priority consideration should be given to protecting the present open space and to developing
appropriate open space recreation activities. Future assembly of open space running from San Francisco
to Page Mill Road and beyond must not be precluded by this small parcel. The church has stated that
there will be no public access except for paying guests, which clearly eliminates recreational development
and wildlife protection.
Your prompt acquisition of this land will preserve future options for the usage of the entire area.
It will also avoid an extended legal controversy regarding this development which obviously is of uncertain
outcome. I am sure there are numerous suitable locations for the plans of the church which do not cause
such blatant damage to this area, its wildlife, its sweeping views, and to the residents.
Sincerely,
Robert S. Walker
12475 Skyline Blvd.
Woodside, CA 94062
(415) 851 8146
QWJ 1996
October 17 1996
Board of Directors
MROSD
330 Distal Circle
Los Altos CA 94022
1 am a 47 year resident of Kings Mountain living in the house my
mother purchased in 1947, moving here from her cabin thatshe
purchased in 1933. I 've watched the mountain change over the
years. There was plenty of ''open space'' and land was ''cheap''
because if you did't have your own source of water on ,/our land,
it really had no value. The formation of the Skyline County Water
District changed all that. There is ver,, little buildable land
left along Skyline and Open Space becomes more important not onl ,,
to those of us who are fortunate enough to live her but to the
entire population.
I write Vou now in regard to the proposed development by the Russian
Orthodoc Church of 284 acres in the upper Mills Creek Watershed -
(APN 067-310=110) located 2.3 miles south of Highway 92 on the west
side of Highway 35 (Skyline Boulevard) ,
My concern is not only that the proposed development would intro-
duce a land use not in keeping with the rural atmosphere of the area,
but that it sets a precedent for future similar projects. We need
open space, hiking trails and unhindered vistas for all to enjoy,
not only for those of us fortunate to live up here, but for ''city
dwellers'' who need to be able to get out of the city for a few hours
to ''commune with nature''.
My fervent hope that Open Space (MROSD) can acquire this unique
property is in no way a reflection of my opposition to the church.
Life in San Francisco, with all the city services and conveniences
provided, is quite different from the rigors of our winters which
can be violent, and the danger of fire in the hot dry summers,
I don' t see this area as being suitable to their needs.
I see the Mills Creek Watershed as a most desirable addition to
the MidPeninsula Regional Open Space District and hope that such
an acquisition will be possible.
Very truly yours
Zane to A. Cafnmart
11 Comstock Road
W4c4side CA 94062-45'�_
Ph 415-851-1348
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OCT-21-96 MON 22 :32 BERKELEY TELECOMM 415 851 8535 P. 02
R013ERT D.SWANEy
12290 Skyline Boulevard
Woodside,California 94062
October 19, 1996
Board of Directors
Mid*Pcninsula Regional open Spam District
330 Distal Circle
Los Altos, California 94()22
In Re.' Potential Acquisition in Nfills Creek Watershed Area on Kings Mountain
As a resident of Kings Mountain, I am writing to express my support for the acquisition of the above
referenced area by MROSD. My property is not directly adjacent to C I d in question but with
few hundred feet of it. th an , t is in a
I have recently bmme familiar with the charter and goals of the MROSD, and I doubt that ere e
many large parcels as fitting for acquisition by MROSD as the Mills Creek Watershed there ar
parcel of 284 acres.
BecauseOf its Proximity to Other open space areas, and its significance in establishing a preserved
continguous corridor along the top of Skyline from Highway 92, it would seem to me that acquiring this
property would be a huge OPPOftuWtY for MROSD that should not be missed.
If YOU have visited the land in question,you also share the belief of many 01,the Peninsula that because of
its natural beauty, scenic views of the coastline, and closeProximity to highly ulat s on e
Peninsula, this area is unique. Based on the number of POP cd area th
visitors passing through a on d I
-sides those Of us who live here)whoseenjoyment f i
am sure that there will be many people(be roll Our area weekends,
will be adversely affected by developing the land in question 0 this area
dcvelopment that is Proposed for the land ill question have- Those Of us who have seen the plans for the
Elie coastal areas below,
be clearly visible from Skyline Boulevard,and frora noted that several of the larger structures will
1 hope that YOU will give serious consideration 10 acquiring this parcel and maintaining Its status as open
splice. in
Sincerely,
Robert D.Swaney
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SA VE SKYLINE OPEN SPACE
A committee formed by the residents of Kings Mountain
316 Ridge Rd
Woodside, CA 94062
The eminent threat of development by the Russian Orthodox Church of
the 284 acre property in the upper Mills Creek Watershed, (APN 06 7-3 10-
110), located 2.3 miles south of Highway 92 on the west side of Highway
35, is not in keeping with the rural and scenic atmosphere of the area
Preservation of this currently undeveloped parcel is critical to the
continuous open space corridor in San Mateo County.
A new petition has been written which will be presented to the Board of
Directors of the Midpeninsula Regional Open Space District, asking them
to acquire the property by any means available, including the power of
eminent domain. The Church has specifically stated that there will be no
public access to the land, which many of the bordering neighbors have
hiked, and ridden horseback, dating back to the 1950's.
The original petition now contains over 160 names, and will be submitted
to the San Mateo County Planning Dept
The committee attended a meeting of MROSD on 10/9, and had this matter
put on their agenda We will be attending the next meeting, and would like
to have as many signatures as possible. The petition will be available for
signature at the Country Store starting 10114.
We also need as many letters as possible written to MROSD as described
in the attached flyer. Together we can save this property for everyone's
enjoyment for years to come.
For more information call Elise Jacques, 529-9521
Litton
Electron Al Bell
Manufacturing Engineering
Devices Supervisor
960 Industrial Road
San Carlos,California
L/O � 94070-4194
S� (415)591-8411 Ext.2350
FAX(415)594-9612
Save Skyline Open Space
Do you know that Kings Mountain open space is threatened by commercial
development plans including:
* hotel-style accommodations for 35 people,
* permanent housing for 20+, and
* light industry and commercial activities
to financially maintain the facility?
This development is included in the Russian Orthodox Church plans to build
on the land known as Mills Creek watershed about 2 mi southwest of 92
off Skyline Road.
Unique features of this land include:
it is pure open space
dramatic sweeping coastal landscape
highly visible open space
along scenic corridor
any development creates a significant blemish
great area for a regional trail
You can help stop this visual blight on our open space.
Please write a letter today!
The Midpenninsula Regional Open Space District is considering a purchase of this land to
preserve it for posterity as open space. They need to know that Kings Mountain residents
support their acquisition. Your letter can make a difference.
Points to include in the letter
Be positive. They want to hear why you support open space, NOT anti-development.
1. Who you are, where you live (e.g. Kings Mountain), why you're writing (the specific land is
known as Mills Creek watershed).
2. Why you care about preserving open space in this area.
3. Thank-you.
Write to Board of Directors, MROSD, 330 Distal Circle, Los Altos, CA 94022
If you would like to see the land contact Al & Jeanne Bell at 851-0746.
For more information contact Elise Jacques 529-9521.
PETITION
ti4° 712 019 6
We the undersigned are in opposition to the Russian Orthodox Church
Convent proposal on Skylne (Highway 35).A development of thrs
` magnitude is not in keeping with the rural atmosphere of the area. We also
feel that this would set a precedent for future similar projects. Past and
future use of this unique piece of property is much more applicable to
open space-
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PETITION
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We the undersigned are in opposition to the Russian Orthodox Church
Convent proposal on Skyline (Highway 35). A development of this
magnitude is not in keeping with the rural atmosphere of the area We also
feel that this would set a precedent for future similar projects Past and
future use of thrsuni
que piece of property is much more applicable to
open space
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' We the undersigned are in opposition to the Russian Orthodox Church
Convent proposal on Skyline (Highway 35). A development of this
magnitude is not in keeping with the rural atmosphere of the area. We also
feel that this would set a precedent for future similar projects Past and
future use of this unique piece of property is much more applicable to
open spaces
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PETITION
7120196 #
' We the undersigned are in opposition to the Russian Orthodox Church
Convent proposal on Skyline (Highway 35).A development of this
magnitude is not in keeping with the rural atmosphere of the area. We also
feel that this would set a precedent for future similar projects Past and
future use of this unique piece of property is much more applicable to
open space-
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magnitude is not in keeping with,the rural spheje of the area: We also
feel that this would set a precedent for fu simil prolem Post
future use of this unique piece of property c more applicable tad
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Convent proposal on Skyline (Highway 351:-A development of this
magnitude is not in keeping with the rural atmosphere of the area._We Q :
feel that this would set a precedent for future similar projects. Past'and
future use of this unique piece of property is much more applicable to
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We the undersigned are in opposition to the Russian Orthodox Church
Convent proposal on Skyline (Highway 35). A development of this
magnitude is not in keeping with the rural atmosphere o the area We also
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PETITION
7120196
We the undersigned are,in opposition to the Russian Orthodox Church
Convent proposal on Skyline (Highway 35). A development of this-
magnitude is not in keeping with the rural atmosphere of the area. We also
feel that this would set a precedent for future similar project& Past and
future use of this unique piece of property is much more applicable to
open spaces
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PETITION
7120196
We the undersigned are in opposition to the Russian Orthodox Church
Convent proposal on Skyline (Highway 35). A development of this--
magnitude is not in keeping with the rural atmosphere of the area. We also
feel that this would set a precedent for future similar projects Past and
future use of this unique piece of property is much more applicable to
-open spaces
NAME ADDRESS PHONE
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Save Skyline Open Space
A committee formed by residents of Kings Mountain _
316 Ridge Road
. Woodside. CA 94062
We, the undersigned, are in support of preserving the remaining open space along
Skyline Blvd. The imminent threat of development by the Russian Orthodox
Churchf o the 284 acrepropertyin the upper Mills Creek Wa
tershed,(parcel #067-
310-110), located 2.3 miles south of Highway 92, along the west side of Skyline, is
not in keeping with the rural and scenic atmosphere of the area. Preservation of this
currently undeveloped parcel is critical to the continuous open space corridor in San
Mateo County. Because of the immediate threat to this rare and scenic property,we
request that the Midpeninsula Open Space District acquire it through any means
available, including the power of eminent domain.
NAME ADDRESS PHONE
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Save Sky
lrne Open Space
A committee formed by residents of Kings Mountain
316 Ridge Road
Woodside. CA 94061
We, the undersigned, are in support of preserving the remaining open space along
Skyline Blvd. The imminent threat of development by the Russian Orthodox
Church of the 284 acre property in the upper Mills Creek Watershed, (parcel #067-
310-110), located 2.3 miles south of Highway 92, along the west side of Skyline, is
not in keeping with the rural and scenic atmosphere of the area. Preservation of this
currently undeveloped parcel is critical to the continuous open space corridor in San
Mateo County. Because of the immediate threat to this rare and scenic property, we
request that the MidpeninsuIa Open Space District acquire it through any means
available, including the.power of eminent domain.
I
NAME ADDRESS. PHONE
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Save Skyline Open Space ,
A committee formed by residents of Kings Mountain
^ 316 Ridge Road
Woodside_ CA 94062 r _
w We, the ;rsigned, are in support of preserving the-remaining open space along- Tye _
Skyline Blvd. The imminent threat of development by the Russian Orthodox
Church of the 284 acre property in the upper Mills Creek Watershed,(parcel #067-
310-110), located 2.3 miles south of Highway 92, along the west side'of Skyline, is
not in keeping with the rural and scenic atmosphere of the area. Preservation of this
currently undeveloped parcel is critical to the continuous open space corridor in San
Mateo County. Because of the immediate threat to this rare and scenic property,we
-72
request that the Midpeninsula Open Space District acquire it through any means ?'
available, including the power of eminent domain.
NAME ADDRESS PHONE
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Regional Opence
R-96-10g 96-21
Meeting MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeti
October 23, 1996
AGENDA ITEM
Review of Dog Access at Windy Hill Open Space Preserve
USE AND MANAGEMENT COMMITTEE'S RECOMMENDATIONS
1. Determine that the proposed actions are categorically exempt under the California
Environmental Quality Act (CEQA) based on the findings contained in this report.
2. Tentatively amend the Use and Management Plan for Windy Hill Open Space
Preserve to open the Hamm's Gulch Trail and the portion of Lost Trail connected to
Skyline parking to dogs on leash for a trial period of one year.
3. Confirm that the District-managed portion of Eagle Trail is open to dogs on leash in
order to be consistent with the portion of Eagle Trail managed by the Town of Portola
Valley.
4. Actively encourage compliance with District ordinances by installing clear signage
and by having the Volunteer Coordinator-work with dog owner groups, such as
Peninsula Access for Dogs (PADS), to facilitate the presence of volunteers on the
preserves to educate dog owners to keep their dogs leashed, and only on dog-
permitted trails.
5. Direct staff to take measures to assess the impact of dog use on the trails.
6. Direct the Use and Management Committee to reassess dog,access on these trails after
approximately one year.
DISCUSSION
At the Board's regular meeting of September 27, 1995, after a thorough two year research
and debate process, overall policies were adopted regarding dog access (see report R-95-
117). A key policy was that for ease of enforcement and public use, a preserve should be
either entirely open or closed to dogs (although exceptions may be appropriate). Also, 12
criteria were adopted for evaluating sites for dog access. These were to be considered
subjective, rather than absolute.
At the regular meetings on November 8 and December 20, 1995, the Board approved
expansion of dog access to several additional preserves (see reports R-95-138 and R-95-146).
Access was increased from three preserves with dog access on all trails and three with part
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosd@netcom.com
Board of D rectors:Pete Siernens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
R-96-107 Page 2
access, to seven preserves with dog access on all trails and one preserve, Windy Hill, with
access on part of the trails. In addition, one trial off-leash area was created. at Pulgas Ridge
Open Space Preserve.
The decision not to open all trails at Windy Hill Open Space Preserve was based on concerns
expressed by local residents and trail users that Razorback Ridge and Hamm's Gulch Trails
were too narrow, winding, and environmentally sensitive to be opened to dogs. As part of
the decisions made on September 27, 1995, the Board directed the Use and Management
Committee to revisit the issue of dog access at Windy Hill. A public meeting was held on
September 16, 1996 for this purpose before the Use and Management Committee, currently
consisting of Directors Crowder (Chairperson), Wim de Wit, and David Smernoff.
The Committee first considered the physical characteristics of the trails in question (see
attached map):
(1) Spring Ridge Trail, which is currently open to dogs, horses, and bikes, is road
width, passes through grasslands and past Sausal Pond, which have high habitat
sensitivity according to the access criteria. Dog owners have complained that Spring
Ridge Trail is steep and hot; one apparently healthy dog expired on Spring Ridge
Trail due to overheating.
(2) Razorback Ridge Trail, which is closed to dogs and bikes, is extremely
narrow, with switchbacks, steep side slopes, and limited sight distance. The trail is
very well shaded by oak and fir woodlands. Access to the trail passes near to private
residences.
(3) Hamm's Gulch Trail, which is also closed to dogs and bikes, is part road
width and part wide trail, with better visibility and less steep side slopes than
Razorback Ridge. Hamm's Gulch Trail is also well shaded by oak and fir woodlands.
(4) Eagle Trail, along Corte Madera Creek, includes a Town of Portola Valley-
maintained portion which is open to dogs. To be consistent, the District-maintained
portion would be open to dogs.
The two main additional trails under consideration for dog access at Windy Hill were
evaluated using the access criteria. Although these criteria were meant for comparing one
preserve against another, they help in evaluating individual trails. The Hamm's Gulch Trail
scored considerably higher in appropriateness for dog access, at 36 points, than the
Razorback Ridge Trail, which scored 25 points. This is primarily because Hamm's Gulch
Trail generally is wider, has better visibility, and does not lead directly past residences.
Other issues considered in evaluating dog access on these trails included the following:
• The decision for partial access at Windy Hill was made in 1995 because the
Spring Ridge Trail is distinctly separate from the remaining preserve trails.
R-96-107 Page 3
• Hamm's Gulch and Razorback Ridge trails currently provide a loop where
hikers, runners, and equestrians can avoid dogs and bicycles.
• Dog owners do not have a loop trail at Windy Hill - Spring Ridge Trail is too
steep and hot to use as a two way trail. Dog owners would like a loop
including a less steep, shady route up the hill.
• Razorback Ridge Trail presents a potential conflict situation between dogs and
other users due to narrowness and steep side slopes. Many sections of
Hamm's Gulch Trail also are narrow and steep.
• Though not expected to be a significant impact, adding dogs to these trails will
reduce the visibility of wildlife.
• Spring Ridge Trail and Eagle Trail should have lower rating for dog access
than the other trails, yet they are open to dogs.
• There has generally been poor compliance with leash and waste clean-up
regulations, and there has not been a strong presence from an organized "peer-
pressure" group.
After carefully considering these issues and hearing from several members of the public
opposed to additional dog access, and many more people who support additional dog access,
the Committee voted 2 to 1 to send the above outlined recommendations to the Board. Any
amendments to use would be tentatively adopted by the Board at the October 23 meeting,
with final adoption occurring approximately one month later.
CEQA COMPLIANCE
Project Description
The project consists of expansion of access for leased dogs to two additional trails on Windy
Hill Open Space Preserves, near the Town of Portola Valley, in San Mateo County.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment.
It is categorically exempt from the California Environmental Quality Act (CEQA) under
Section 15061(b)(3) and Section 15301 of the CEQA guidelines.
Section 15301 covers the operation of existing public facilities involving negligible expansion
of use beyond that previously existing.
R-96-107 Page 4
Section 15061(b)(3) provides that a project is exempt from CEQA when it can be seen with
certainty that there is no possibility that the activity may have a significant effect on the
environment.
Prepared by:
Randy Anderson, Senior Planner
Contact person:
Director Betsy Crowder, Chairperson
Use and Management Committee
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
October 23, 1996
TO: Board of Directors
FROM: L. Craig Britton, General Manager
SUBJECT: Additional Written Communications - Agenda Item 2 - Recommendations on
Additional On-Leash Dog Access and Monitoringof f Dog Use at Windy Hill f�pen
Space Preserve Including QRgning Hamm's Gulch Trail and a Portion of Lost
Trail to Dogs on Leash for a One-Year Trial Period and Determination that
Proposed Actions are Categorically Exempt from CEOA
Attached are 19 additionalwritten communications
cations received since
the packet mailing Friday,
,
October 18. Eighteen letters request the District open more trails to dogs at Windy Hill Open
Space Preserve and one letter opposes opening more trails to dogs at Windy Hill Open Space
Preserve.
Also attached is a summary of communications from the public regarding dog use in general for
the period of September 1995 through October 18; 1996.
i
330 Distel Circle . Los Altos,CA 94022-1404 Phone:415-691-1200 a 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
i
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attention: Board of Directors
Re: Dog Po 1 i c_v
Dear Sir:
We are residents of PortOla Valley and dog owners. We enjoy
and respect the opportunity to walk our dog on the trails at Windy
Hill . We would like the Board to know that we appreciate having the
trails to walk our dog and would like to have more trails open to
dogs.
Please open more trails to dogs.
Thank you for considering our thoughts.
sincerely,
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Memo
To Board of Directors Date 10/22/96
From Carol Jacobs , 854-8413
Subject left voice mail regarding Windy Hill
She is in favor of opening Hamms Gulch Trail and urges the directors
a p g g
to vote in favor of the change. She and her do would enjoy the
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loop trail .
i
Date: Tue, 22 Oct 1996 09:53:54 +0000
From: thomastransgattmail.com (Thomas Transfer)
Subject: WINDY HILL DOG ACCESS
To: mrosdgnetcom.com
I WOULD LIKE TO GO ON RECORD IN SUPPORT OF THE AMENDMENT TO DOG ACCESS AT
WINDY HILL OPEN SPACE PRESERVE. I WOULD ALSO LIKE TO SAY THAT I WOULD LIKE TO
SEE MORE OF THE OPEN SPACE PRESERVES OPENED TO DOGS AND THAT OFF LEASH
PRIVILEDGES SHOULD BE EXTENDED TO OWNERS WHO CAN DEMONSTRATE CONTROL OF
THEIR DOGS.
THANK YOU.
SUZANNE HANRAHAN
924 POPLAR AVENUE
SUNNYVALE, CA 94086
Date: Mon, 21 Oct 1996 12:11:27 -0700
To: m-rosdgnetcom.com
From: "Howard Lewis" <howardgjanard.com>
Subject: Dog Access at Windy Hill Open Space Preserve
Cc: lewistghn.va.nec.com, John Sigle <jsiglegsoftdisk.com>
To the Board of Directors of Midpeninsula Regional Open Space
We understand that you will be having a meeting on October 23, regarding opening the Hamms Gulch Train
and the connecting section of Lost Trail to dogs on leash for a trial period of one year. We are very much in
favor of that recommendation. We have two small shelties who love to walk with us and are very well behaved.
We take them on leash in areas where is is required, however, they are continuously under control and also
never chase wildlife.
We also frequently have out of town guests join us for the beautiful walks in the Portola Valley area, including
the regional open space. Some of our guests have dogs and would appreciate and not abuse the privilege of
bringing their dogs along with us.
If there is anything we can do to further this cause, please contact us. We also support Pets in Need and have
many times rescued dogs, cats, deer and hummingbirds and made use of appropriate rescue services when we
are not able to help the wildlife ourselves. Our 18 years residence in Portola Valley gives us a deep appreciation
and committment to our rural way of life. We wish that way of life to include our dogs.
Jane and Howard Lewis
121 Grove Drive
Portola Valley
Date: Tue, 22 Oct 1996 10:19:28 -0700
To: mrosd(a�netcomxom
From: a4gkami(opopper.PacBell.COM (Andrew Kamin)
Subject: Ammendment to Dog Access on Windy Hill
Board of Directors;
It has come to my attention that the reoccurring issue of dogs on trails has surfaced again.
IN SHORT - If your role and intent is to represent the desires of your community, let me assure you that I
represent a great number of dog appreciators who live in and around Windy Hill area AND feel that any attempt
to limit or eliminate dog traffic would be a political move representing the desires of a few well-connected
individuals rather than the greater numbers of your community.
I have grown up in the area and now live on Brookside in PV where almost every single home is a home to at
least one dog...We prefer to be law abiding citizens and conform to local regulations. I encourage you to allow
us dog owners to have the CHOICE of bringing our dogs on our trails.
Give us a choice in this matter...please.
Andrew Kamin, President and CEO
Pacific Technology Consulting, Inc.
Andrew Kamin Execustar TCP/IP Project(510)355-4034
225 Portola Road
Portola Valley, CA 11996
94028
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October 16, 1996
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Re: Dog Policy at Windy Hill Open Space Preserve
od of Directors:
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sidents of Portola Valley who enjoy and respect the opportunity to walk
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October 16, 1996
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Re: Dog Policy at Windy Hill Open Space Preserve
Board of Directors:
We are residents of Portola Valley who enjoy and respect the opportunity to walk
our dog on the trails of the Windy Hill Open Space Preserve. We would appreciate
the opportunity to have additional trails opened to dogs which would greatly enhance
our enjoyment of this wonderful preserve.
Thank you for your consideration.
Sincerely,
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OCT
N & C CARTER
237 CANYON DRIVE
PORTOLA VALLEY, CA 94028
PHONE: (415) 851-2743
October 17, 1996
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attention: Board of Directors
Re: Dog Policy
(generally and specifically at Windy Hill)
To whom it may concern:
My husband and I have lived in Portola Valley for 16 years. We
enjoy and respect the opportunity to walk our dog on the trails at
Windy Hill. We would like the Board to know that we appreciate
having the trails to walk our dog and would like to have more
trails open to dogs.
Please open more trails to dogs. Thank you for considering our
thoughts.
Since Wely,
Nan arter
Date: Mon, 21 Oct 1996 15:09:07 PST
From: Alicia Arnherd
Subject: Open space open to dogs
As a member of the Portola Valley community, and someone who has two dogs and enjoys avidly hiking,
biking, etc. in the area, I want to express my desire to have at least one more trail open to hikers with dogs.
I recently moved into the area but for years have been hiking Windy Hill with my dogs. I must say... they are
getting a little bored with that one. They beat me to the top every time since they can at this point walk
themselves!
I realize that there are some people who may not be so accustomed to dogs and wish them to not be on the
trails. Aren't there more than enough trails for the general hiker to hike where dogs are not allowed? On the
entire peninsula there are only a handful of trails where dogs are allowed. We need more of them! I have yet to
see a dog that was rambunctious or hostile that was out hiking with its owner. They aren't horrible creatures and
they sure aren't lurking on the trail for the next lone hiker to prey upon. They just want to get their exercise too!
Since I have moved to the area, I have never seen nor heard so many dogs as in the yards of nearby houses. I
know the community would be very appreciative of more dog friendly trails as it makes for happier dogs. They
aren't as restless, aren't as willing to bark, and are generally happier.
I can't stress enough the strong desire that I and others in the area who have dogs carry for having more trails
with dog access. Please, please, please pass a measure opening at least one more and many of us will feel much
easier about bringing our dogs onto these trails legally and supporting our community.
Sincerely, -
Alicia Arnherd
182 Brookside Dr. PV.
OCT 2 11996
Chris Carter
237 Canyon Drive
Portola Valley, CA 94028
October 18, 1996
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attn: Board of Directors
Re: Windy Hill
To whom it may concern:
It is my understanding that you are considering the issue of dogs and
whether or not they should be permitted on Windy Hill. As a Portola
Valley resident, I would like the Board to know that I support having the
trails open to dogs, and would like to have more trails open to dogs.
Please consider my request on this issue.
Sincerely,
Chris Carter
0 T 2
Shawna Nelson
85 Joaquin Road
Portola Valley, CA 94028
October 18, 1996
Midpeninsula Regional Open Space District
330 Disfel Circle
Los Altos, CA 94022-1404
Attn: Board of Directors
Re: Windy Hill
To whom it may concern:
It is my understanding that you are considering the issue of dogs and
whether or not they should be permitted on Windy Hill. As a Porfola
Valley resident, I would like the Board to know that I support having the
trails open to dogs. One afternoon this year, my grandfather and our dog
went walking near Windy Hill and ran into a mountain lion. Our dog
scared the mountain lion away. I hate to imagine what could have
happened had our dog not been with him.
Please consider my request on this issue, and please consider opening
more trails to dogs.
Sincerely,
Shawna Nelson
9
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attention: Board of Directors
i
Re: Windy Hill
To whom it may concern:
We understand that you are considering the issue of dogs and
whether or not they should be permitted on Windy Hill, We would
like the Board to know that we support having the trails open to
I!,
dogs and would like to have more trails open to dogs.
Please consider our request on this issue.
Sincerely,
i
OCT 21 IM
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attention: Board of Directors
Re: Windy Hill
To whom it may concern:
We understand that you are considering the issue of dogs and
whether or not they should be permitted on Windy Hill. We would
like the Board to know that we support having the trails open to
dogs and would like to have more trails open to dogs.
Please consider our request on this issue.
Sincerely,
Ql�
Fs
i
Mary Wllen Carey
Mountain View, CA
Midpeninsula Regional Open Space District
330 D.istel Circle
Los Altos, CA 94022-1404
Attention: Board of Directors
Re: Windy Hill
To whom it may concern:
We understand that you are considering the issue of dogs and
whether or not they should be permitted on Windy Hill. We would
like the .Board to know that we support having the trails open to
dogs and would like to have more trails open to dogs.
Please consider our request on this issue.
Sincerely,
OCT 21 199b
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attention: Board of Directors
Re: Windy Hill
To whom it may concern:
I am a resident of Portola Valley. I understand that you are
considering the issue of dogs and whether or not they should be
permitted on Windy Hill . I would like the Board to know that I
support having the trails open to dogs and would like to have more
trails open to dogs.
Please consider my request on this issue.
Sincerely,
OCT 21101
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attention: Board of Directors
Re: Windy Hill
To whom it may concern:
We understand that you are considering the issue of dogs and
whether or not they should be permitted on Windy Hill. We would
like the Board to know that we support having the trails open to
dogs and would like to have more trails open to dogs.
Please consider our request on this issue,
Sincerely,
1M�I kor 3-fv
-77 D- I L-'k P ve
✓Y1 ,to Pa, 0) 9q CU I�Q S
Douglas Hovik
Los Altos , CA
Midpeninsula Regional open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attentions Board of Directors
Re: Windy Hill
To whom it may concern:
We understand that you are considering the issue of dogs and
whether or not they should be permitted on Windy Hill, We would
like the Hoard to know that we support having the trails open to
dogs and would like to have more trails open to dogs.
Please consider our request on this issue.
Sincerely,
i
&T,9
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attention: Board of Directors
Re: Windy Hill
To whom it may concern:
We understand that you are considering the issue of, dogs and
whether or not they should be permitted on Windy Hill. We would
like the Board to know that we support having the trails open to
dogs and would like to have more trails open to dogs.
I
Please consider our request on this issue.
Sincerely,
,doer
64
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MEMORANDUM
October 18, 1996
TO: Board and Staff
FROM: Kathleen
RE: SUMMARY OF COMMUNICATIONS FROM PUBLIC REGARDING DOG USE, SEPTEMBER
1995 - OCTOBER 18, 1996
SUMMARY OF COMMUNICATIONS FROM PUBLIC REGARDING DOG USE
Con, against more open space access by dogs (6 1/2 letters):
No additional access at Windy Hill 6
Opposes dog access on Hamms Gulch, ok w/dog access in general 1/2
No off leash 4
Feces on trail 2
Dogs startle, challenge other users 2
Pro, in favor of more open space access by dogs (19 1/2 letters; 1 petition with 53 signatures):
In favor of opening more trails at Windy Hill petition + 8
Would like more off leash areas, including trails 5
Open trails in Waterman Gap area somewhere 1
Open trails at RSA 1
Open trails at El Corte de Madera I
Thank you for recent changes 7
September 16 Board workshop with Use & Management Committee
18 speakers from the public, 3 opposed to additional access at Windy Hill. See minutes.
Pulgas Ridge Survey Responses, 41 to date, all from within the District, and 30+ from San Carlos and
Redwood City
Con, 1 form
Have had unnerving encounters on trails with off leash dog while running, young son has been
frightened by strange dogs, saw dog chase deer through field at Edgewood 1
Pro, 40 forms
Love off leash area, very happy, pleased, fun, wonderful,
dogs can socialize, exercise, whole family enjoys 17
Great for training dogs 4
Thank you for off leash area 10
My dog thanks you I
My dog gives it a 4 paw rating (outstanding) 1
Would like larger off leash area 3
Have never experienced problems with dogs, owners responsible 7
Would like more off leash areas 10
In favor of off leash, no reason given 7
Dogs have less impact than horses or bikes 1
Open Hamms Gulch at Windy Hill 1
MANAGEMENT SUGGESTIOI -,'ROM THE PRO DOG GROUP:
Post signs with rules so more dog owners know they should pick up or kick waste
off the trail (3), provide baggies, garbage can, water, exercise equipment....
Regional Open S, ce
R-96-110 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-21
October 23, 1996
k
To: Board of Directors
From: Nonette, Hanko, Director, Ward 5
Subject: Wilderness Policy Regarding Trails
Dear Colleagues:
Recent letters from District trail users have brought to my attention a need for re-study of our Trail Use
Policy which calls for provision of wilderness experience (see attached 1.2).
1
Some years ago, I served on the Trail Use Committee when we developed the Trail Use Policies and in
1990 they were adopted by the Board. At that time, it was my hope that future Use and Management plans
would reflect the policy by assigning some existing trails to a wilderness category. However, this method
takes time and in the meantime has proven frustrating to many trail users. In addition I expected new
preserves to be studied by staff so that they also would contain either wilderness trails, or a wilderness
preservation description. Section 1.2 reads as follows: "To protect the opportunity for tranquil nature
study and observation especially in those areas identified as providing a unique wilderness experience."
Such trails are of special importance to our Docent Program, for the education of our children, and for the
peace of mind of people of all ages who enjoy the communication and spiritual rejuvenation that such
experiences provide. I know it was an important aspect for me personally in the development of the
concept of the District in the 1970's.
Of late we have emphasized the use of trails b the mountain bike community through the adoption of the
Y Y g P
Trails Plan for El Corte de Madera Creek Open Space Preserve. There was a conscious effort on my part
to involve the cycling community in the development of the trail system on El Corte de Madera Creek
Open Space Preserve; so what I am about to recommend is not intended to detract from that continued use.
At this time, I recommend that the Use and Management Committee be charged with a re-look of the
policy regarding wilderness experience and study methods by which this policy can be better implemented.
Since we have received a number of good ideas from recent letters on this subject, I would like to see a
compilation of pertinent letters received by us in 1996 and hereafter for study by the committee.
RECOMMENDATIONS:
1. Charge the Use and Management Committee with the study of the policy regarding wilderness
experience and return to the Board with methods for implementation.
2. Direct staff to include this charge in their 1997 work program, Action Plan, and budget.
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
Open Space
------------------ — -------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TRAIL USE POLICIES
Adopted by Board of Directors
November 14, 1990
PREAMBLE
One of the District's basic policy statements is that it will "follow a land
management policy that provides proper care of open space land, allowing access
appropriate to the nature of the land and consistent with ecological values". As a
result of the rapidly increasing level of trail use and the increased types of trail use,
it is necessary to adopt more specific policies on trail use in order to effectively
implement this basic policy statement.
The District is concerned both with the safety of all trail users and the enjoyment
of their open space experience. The purpose for which people use open space
trails varies depending on individual or group needs. Visitors may come to observe
nature in a protected environment, experience tranquility, exercise in a non-urban
setting, or any combination of these. The means by which visitors use trails also
varies - be it hiking, running, on bicycle, on horseback, or in a wheelchair.
Motorized vehicles, except electric wheelchairs are prohibited.
The combination of trail conditions, level of use, and the mix of uses may lead to
conflicts. Conflicts result in negative environmental impacts, unpleasant user
experiences or unsafe situations. Conflicts are related to several factors, including:
• The relative speeds of different users.
• Existing trail conditions, such as poor line-of-sight, narrowness, steep
slopes and wide-open stretches of trail that might encourage excessive
speed.
• A lack of knowledge of, or disregard for, trail use etiquette and
regulations by all types of users.
• A high concentration of use in certain areas.
This set of policies is intended as a guide in establishing trail use designations
throughout the District which will promote safe and enjoyable experiences for all
who use the District lands. These policies are not intended to restrict who may
use the District trails, but they may restrict how or under what conditions the trails
are to be used.
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 Hensha%%.David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
i
POLICIES
1 .0 The District will endeavor to provide a variety of satisfying trail use
opportunities on open space preserves throughout the District. More
specifically, the District will endeavor to:
1 .1 Provide multiple use on individual trails where such use is consistent
with the balance of these policies.
1 .2 Protect the opportunity for tranquil nature study and observation,
especially in those areas identified as providing unique wilderness
P Y
P 9 a 4
experience.
I
2.0 The District will designate appropriate use(s) for each trail. Uses will be
allowed that are consistent with District's objectives for sound resource
management and safe and compatible use. More specifically, the District
will:
2.1 Allow trail use appropriate to the nature of the land and consistent
with the protection of the natural, scenic and aesthetic values of open
space.
2.2 Within budgetary and staffing constraints, make reasonable efforts to
provide safe conditions for trail users.
2.3 Evaluate trail user needs, concerns, quality of experience, impacts,
and the compatibility of various uses. Those uses creating the least
conflict among trail users and the least environmental impact will be
given greatest preference in trail use planning.
2.4 Ensure that all District trails will be accessible to hiking. When
consistent with this policy, if a non-hiking use adversely impacts user
safety, the use may be restricted or redirected. The intention is not to
restrict access by any individual, but rather to limit incompatible uses
and means of travel.
I
3.0 The Board of Directors will adopt qualitative and quantitative trail use
guidelines to aid the Board and staff in determining trail use designations in
the implementation of these policies.
4.0 Specific trail use designations will be established and reviewed periodically
through the Use and Management Planning Process, and will be subject to
adopted Public Notification Procedures. Trail use designations may change if
use patterns develop that are in conflict with these policies.
4.1 In extreme cases where there is not sufficient time to comply with the
Use and Management Planning Process, the Board of Directors or
General Manager may make an interim decision to limit use while
providing an evaluation process and timeline for final determination of
the designated use.
5.0 The District will endeavor to provide trail access for a variety of physical
capabilities and user needs (including persons with physical limitations) in a
manner consistent with resource protection goals, budgetary constraints,
and state and federal regulations.
6.0 The District will carry out management programs necessary for the
implementation of these trail use policies. The designation of appropriate
trail use as a method of minimizing trail use conflicts and environmental
impacts will require a significant increase in trail use measures such as
education, physical improvements to trails and enforcement of trail use
regulations. More specifically the District will:
6.1 Support trail use actions with a strong educational program. The
District recognizes that education in proper trail etiquette and low
impact use is a key measure towards the reduction of negative trail
use impacts.
6.2 Monitor trail use conditions on a regular basis. The purpose of a
monitoring program will be to evaluate current conditions and to
determine whether or not trail management programs, including
maintenance, reconstruction, education and use regulations are
effective in addressing user conflicts and environmental impacts, and
to recommend changes if necessary.
6.3 Include implementation costs in determining the feasibility of trail use
designations and regulations.
7.0 The District will work with other agencies, interest groups and private
landowners in an effort to promote an interconnecting trail system
throughout the region. The District recognizes that connections should be
compatible with other jurisdiction designations and land owner objectives as
well as these policies and trail use guidelines.
8.0 The District recognizes that existing trail use characteristics such as the
types of use, conflicts, and impacts may change over time so that certain
policies may no longer be appropriate or a new policy may be required.
Hence, these policies will be subject to review and revision as deemed
necessary by the Board of Directors, following adopted Public Notification
Procedures.
Regional , c
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-96-113
Meeting 96-21
October 23, 1996
AGENDA ITEM
Proposed Settlement Agreement in Midpeninsula Regional Open Space District vs Holmes
LEGAL COUNSEL'S RECOMMENDATION 4�
1. Approve the settlement agreement between the District and Diane Holmes in the matter of
Midpeninsula Regional Open Space District vs Holmes, Case No. CV-755057
2. Authorize the General Manager to execute settlement agreement in behalf of the District.
DISCUSSION
In 1975 the District purchased the lands of Moore, thus creating El Sereno Open Space Preserve. Since the
purchase the District used a road crossing the lands of Holmes for patrol and maintenance access between
the Overlook Drive area and the preserve. The District used the road without interference or objection. In
1991, Diane Holmes blocked the road crossing her property claiming the District had no right to use the
road. Upon further investigation, the District found substantial grounds for its claim of a right to use the
road.
First, the District acquired possible prescriptive rights by the District's use and maintenance of the road.
Moreover, the District owned an outright grant of easement rights based on the Lovell addition to the
preserve in 1980. The easement rights in that deed described two easements crossing the Holmes property.
The first was very specifically described over the entirety of a very small parcel. The second was
described merely as being over "the existing road" over the larger Holmes parcel directly adjoining the
District's acquisition from Moore. It was the vagueness of this description that gave rise to the dispute.
Both easements were insured.
The District entered into repeated attempts to resolve the dispute by negotiation and compromise. The
District tendered its claim with the title insurance company and continued negotiations. Finally, on January
89 1996, the District filed an action to quiet title and resolve the question and thus restore the District right
to use the easements. Ms. Holmes cross complained on a variety of causes of action.
Ms. Holmes argued that the easement could not be on the current road, the one used. by District rangers
since 1975, because it did not exist when the easement was granted from her mother to the Association for
the Blind. She also claimed that even if the easement once existed that it was since extinguished. Finally
she claimed that if the easement did once belong to District's predecessors (the Lovells) that is was
separated when the Lovells earlier sold a portion of their lands to Sadler.
The District's position was that (1) if there was a variation in the deeded road location it was done with the
consent of both parties and the rights thus attached to the new location; (2) the District had established
330 Distel Circle m 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,hlonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
r
R-96-113 Page 2
prescriptive rights by use and maintenance; (3) the chain of title documents did not support a conclusion
that the easement was separated and conveyed entirely to Sadler; and (4) title research established an
additional basis for a claim of an easement over the same property with the source in the Moore chain of
title. Although the description was, similarly vague, additional language in the Moore easement supported
the Districts claims of the existence of the easement at certain critical points.
Neither side had such compelling evidence as to be completely confident of the outcome of litigation.
Because of the cross complaint the District faced a risk of liability beyond loss of the easement. The
District's errors and omissions insurer and the title insurer agreed to cooperate in the fashioning of a
settlement offer. Ms. Holmes has now agreed to the essential terms of the settlement in which neither
party admits to responsibility, liability or validity of any claim. The terms of the settlement proposal are
summarized as follows:
1. District pays $18,000 to Ms. Holmes and her attorney.
2. District surveys, maps, and describes the easements.
3. Holmes conveys an easement to the District using the map and written description.
a. The easement limits the District's use to maintenance and repair, patrol or emergency access.
b. Public access is not allowed.
C. District's use for patrol purposes is limited to two round trips per day, and between the
hours of 8:00 a.m. and 9:00 p.m.
4. District will install a gate and a sign at the boundary. The sign will identify the Holmes property as
private and prohibit trespassing.
5. District will hold Ms. Holmes harmless from claims of public prescriptive rights asserted by third
parties.
The costs of the settlement payment, survey, mapping, and easement description will be fully covered by
the District's title insurer and errors and omissions insurer. The District has always discouraged public
access on this road. The use restrictions are a formalized representation similar to the Districts prior use,
although lacking the flexibility of the former use.
Approval of this settlement agreement will resolve this issue with Ms. Holmes, will remove the uncertainty
of the deeded description of the road, and will restore patrol access greatly improving the effectiveness of
patrol.
Prepared by:
Diane Blackman, Research Attorney
Susan Schectman, Legal Counsel
Contact person:
Susan Schectman, Legal Counsel
1 Susan M. Schectinan, Esq. CBN 72531
Midpeninsula Regional Open Space District
2 330 Distel Circle
Los Altos, CA 94022
(415) 691-1200
4 Attorney for Plaintiff and Cross-Defendants
Midpeninsula Regional Open Space District et al.
6
7
SUPERIOR COURT OF CALIFORNIA
8,
COUNTY OF SANTA CLARA
10 MIDPENINSULA REGIONAL OPEN Case No. CV-755057
11 SPACE DISTRICT,
12 Plaintiff, SETTLEMENT AGREEMENT
AND GENERAL MUTUAL
13 V. RELEASE
14 Diane Holmes, et al.,
15 Defendants
16
17 AND RELATED CROSS-ACTION
18
19 This Settlement Agreement and General Mutual Release (hereinafter referred to as the
20 "Agreement") is entered into by and between the MIDPENINSULA REGIONAL OPEN SPACE
21 DISTRICT, a special district, operating under the laws of the State of California, including its
22 agents, officers, employees, officials, successors, assigns and other representatives (hereinafter
23 referred to as "DISTRICT"), as the first party, and DIANE HOLMES, including her agents,
24 officers, successors, assign and other representatives, (hereinafter collectively referred to as
25 "HOLMES"), as the second party, with reference to the following facts:
26
27 RECITALS
A. On January 8, 1996, District initiated the above-captioned action by filing against
1 HOLMES a Complaint for Quiet Title, Declaratory Relief and Injunctive Relief, Santa Clara
2 County Superior Court Case No. CV-755057.
3 B. On March 6, 1996, HOLMES filed against DISTRICT a Cross-Complaint for
4 Injunctive and Declaratory Relief, Trespass, Conversion, Deprivation of Constitutional Rights and
5 other Causes of Action.
6 C. The Complaint and Cross-Complaint(hereinafter collectively referred to as "the
7 Litigation") both relate to a dispute concerning the nature and location of an easement located
8 upon property owned by HOLMES, located in incorporated Santa County, designated as
9 Assessors' Parcel Numbers 510-35-003 and 510-34-014 and commonly known as 19340 Overlook
10 Road, Los Gatos, California ("the Property").
11 D. DISTRICT and HOLMES desire to reach a full, amicable disposition of their
12 disputes as to the factual matters contained in the pleadings of the Litigation, without the necessity
13 for further litigation and without admission of any wrongful conduct, wrong doing or liability by
14 any party.
15 AGREEMENT AND RELEASE
16 FOR AND IN CONSIDERATION of the mutual releases, dismissal with prejudice of the
17 Litigation and other good and valuable consideration set forth in this Agreement, DISTRICT and
18 HOLMES agree as follows:
19 1. DISTRICT shall do all of the following:
20 a. Pay to the Order of HOLMES and the LAW OFFICES OF ROBERT J.
21 LOGAN the sum of Eighteen Thousand Dollars ($18,000);
22 b. At its own expense, cause to be surveyed a portion of HOLMES' property
23 and prepare a map and legal description of an Easement for ingress and egress to be
24 granted to District by HOLMES over the Property pursuant to Paragraph 2 herein;
25 C. Prepare and deliver to Holmes the Grant Deed of Easement as described in
26 Paragraph 2 herein ("the Easement");
27 d. Install a sign at the boundary between the Property and the District's
2
1 adjacent El Sereno Open Space Preserve warning the public that the Easement is a private road
2 and prohibiting trespassing. The District also agrees to maintain a gate at that location which
3 shall be kept locked except when being used by District for ingress and egress pursuant to the
4 terms of the Easement.
5 2. HOLMES shall do all of the following:
6 a. Execute and deliver to DISTRICT the Grant Deed of Easement prepared
7 by District pursuant to Paragraph 1(c) conveying to DISTRICT title to an easement
8 appurtent to the District's real property described in Exhibit 1 hereto which is
9 incorporated by this reference, in the form and upon the terms set forth in Exhibit 1, and
10 to do any acts required to execute and record the Grant Deed of Easement.
11 3. The DISTRICT'S acts described in Paragraphs 1(a) and 1(c) shall occur
12 contemporaneously with HOLMES' acts described in Paragraph 2, such acts to occur
13 contemporaneously with the execution of this Agreement. The parties hereto understand and
14 agree that their respective counsel shall act as trustees of the documents and funds to be
15 exchanged pursuant to this Agreement as necessary to complete this Settlement. DISTRICT shall
16 perform the acts described in Paragraph l.d. within thirty (30) days of the execution of this
17 Agreement.
18 4. DISTRICT authorizes and directs its attorney to dismiss with prejudice the
19 Complaint in its entirety within five (5) days after the execution of this Agreement. HOLMES
20 authorizes and directs her attorney to dismiss with prejudice the Cross-Complaint in its entirety
21 within five (5) days after execution of this Agreement. Conformed copies of the dismissals shall
22 be provided to each party's attorney of record. Each party understands and agrees that this
23 Agreement includes all claims for damages, costs, expenses and attorneys' fees, taxes or other
24 costs, incurred in or arising out of the investigation, prosecution or defense of any matter released
25 in this Agreement. District shall record the Grant Deed of Easement subsequent to the dismissal
26 of the Litigation as provided herein.
27 5. Excepting only their respective rights to enforce the terms of this Agreement,
3
1 DISTRICT and HOLMES hereby fully release and forever discharge each other and their
2 respective assignees, subsidiaries, transferees, predecessors, successors, employees, servants,
3 representatives, officers, and directors from any and all legal or equitable claims, demands,
4 causes of action, liabilities, obligations, actions, proceedings, rights, titles, interests, damages,
5 losses, costs, expenses, disbursements, including Attorneys' fees, of any kind and nature, known
6 or unknown, which DISTRICT or HOLMES has or may have against the other party, arising out
7 of or in any way connected with the Litigation, including all matters alleged in any pleadings,
8 and/or the conduct of the Litigation or any proceedings occurring therein, and/or any claims,
9 whether made or asserted or not, known or unknown, suspected or unsuspected by, to or
10 involving any of the undersigned parties relating in any way to any or all of the claims set forth in
11 the Litigation.
12 6. The District agrees to indemnify, defend and hold HOLMES harmless from any
13 claims, damages or suits filed against HOLMES by third parties which consist of claims of public
14 prescriptive rights to use the Easement under the doctrine of implied dedication for public use set
15 forth in Oion v. City of Santa Cruz (1970) 2 Cal. 3d 29 and in which the required prescriptive
16 use period is alleged to have commenced after the date of execution of this Agreement.
17 7. This Agreement is entered into by way of compromise and to avoid the expenses
18 and uncertainties of trial, without any admission of any liability or responsibility on the part of
19 either party hereto. It is understood and agreed that liability for any of the claims, demands or
20 causes of action referred to herein specifically is denied.
21 8. DISTRICT and HOLMES each agree that if the facts with respect to this
22 Agreement or the facts alleged in the Litigation are found hereafter to be different from the facts
23 now believed by them to be true, DISTRICT and HOLMES each expressly accept and assume the
24 risk of such possible difference in facts and hereby agree that this Agreement is and will remain
25 effective notwithstanding such difference in facts.
26 9. It is understood and agreed that this is a full and final release applying to all
27 unknown and unanticipated injuries, debts or damages to the undersigned, or to any of them, as
4
1 well as those now known or disclosed. DISTRICT and HOLMES each understand and agree that
2 this is a general release of the other party, and DISTRICT and HOLMES each expressly waive
3 the provisions of California Civil Code section 1542, which provides as follows:
4 "A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known
5 by him must have materially affected his settlement with the debtor."
6 The undersigned parties, and each of them, hereby further acknowledge that the effect and
7 import of California Civil Code Section 1542, and their foregoing waiver and relinquishment of
8 rights, are understood by them and made voluntarily. The undersigned parties each further
9 acknowledge that if they, or any of them, hereafter discover facts different than or in addition to
10 those that they, or any of them, now know or believe to be true, that said release shall be given
11 full'force and effect according to each and all of their express terms and conditions,
12 notwithstanding such different or additional facts. The discovery of such different facts shall not
13 in any way alter or affect the releases contained herein.
14 9. DISTRICT and HOLMES each represent and warrant that they have not assigned
15 or otherwise transferred any claim, debt, liability, demand, obligation, cost, expense or cause of
16 action herein released.
17 10. Binding Effect. The releases in this Agreement shall be binding upon, extend to
18 and inure to the benefit of the undersigned parties, and any and all of their respective past,
19 present, and future agents, employees, relatives, officers, directors, shareholders, servants, heirs,
20 beneficiaries, devisees, independent contractors, partners, successors,predecessors, assignors,
21 assignees, transferors, transferees, guarantors, sureties, insurers, attorneys' investigators,
22 accountants,joint venturers and other representatives, and any and all other persons and entities
23 acting or purporting to act on their respective behalves, and any and all firms, corporations,
24 associations, partnerships and other entities affiliated with, controlled by or otherwise related to
25 any of the undersigned parties.
26 11. Parties in Interest. Except as expressly stated in this Agreement, nothing in this
27 Agreement, whether express or implied, is intended to confer third-party beneficiary status or to
5
1 confer otherwise any rights or remedies on any person or entity (hereinafter collectively "third
2 party"), other than the undersigned parties and their predecessors, successors, assigns, affiliates
3 and representatives as described in Paragraph 5 hereof. Nor is anything in this Agreement
4 intended to relieve or discharge the obligation or liability of any third party to any undersigned
5 party to this Agreement. Nor shall any provision hereof afford any third party any right of
6 subrogation, indemnity, contribution, set-off or action against any party to this Agreement.
7 12. No Other Proceedings. The undersigned parties hereby represent and warrant to
8 each other that, other than the Litigation specified herein, none of the undersigned parties will
9 initiate or has initiated, or will be or has been a party to, or has any knowledge of any actions,
I
10 investigations or proceedings, whether judicial, governmental or administrative, involving the
i
11 subject matter of this Agreement.
12 13. Compromise. This Agreement is a compromise of disputed claims and shall not
13 be construed or deemed to be an admission of liability or wrongdoing by any party to any other
14 party. The undersigned parties further expressly agree that nothing in this Agreement shall be
15 construed as an admission or acceptance of the validity of any of the claims, causes of action or
16 contentions made by any parry in the course of the referenced Action, including those set forth in
17 any pleadings in said litigation. This settlement has been made to avoid the expense,
18 inconvenience and burden of trial and of further litigation proceedings, and so that the parties can
19 resolve their disputes and business relations in a mutually agreeable manner rather than through
20 court adjudication.
I
21 14. Full Authority. Each of the parties to this Agreement hereby represents,
22 covenants and warrants that said party, and the signatory of said party, has the full right, power
23 and authority to execute this Agreement on behalf of said party, and to execute any and all
I
24 documents as may be necessary to effectuate the terms of this Agreement, and that neither party,
25 nor any signatory for said party has sold, assigned, transferred, conveyed, hypothecated,
26 encumbered or otherwise disposed of any rights, titles, interests, causes of action or other claims
27 which said party may have or have had in relation to the transactions or other matters described in
6
i
1 this Agreement or which are related in any way to the Action.
2 15. Informed Consent. Each undersigned party hereby declares that said party has
3 received sufficient information, either through said parry's own legal counsel or other sources of
4 said party's own selection, so as to be able to make an intelligent and informed judgment whether
5 to enter into this Agreement. Each undersigned party further states that each has read the
6 Agreement in its entirety prior to executing this document, and that each has executed this
7 Agreement voluntarily, with competence and capacity to contract and with knowledge of the
8 terms, significance and legal effect of this Agreement. By executing this Agreement, it is
9 understood by each party that substantial rights may be compromised and/or waived in their
10 entirety.
11 16. Attorneys' Fees. If any action, motion or proceeding at law or in equity is
12 instituted to enforce or interpret the terms of this Agreement, the undersigned parties agree that
13 the prevailing party or parties therein shall be entitled to an award of reasonable attorneys' fees,
14 costs, and necessary disbursements in addition to any other relief to which said party or parties
15 may be entitled.
16 17. Further Assurances. The undersigned parties each agree to execute all documents
17 and perform all acts necessary or appropriate to effectuate the performance of the terms of this
18 Agreement.
19 18. Severability and Gender. It is intended that each paragraph of this Agreement
20 shall be treated as separate and divisible, and in the event that any paragraphs are deemed
21 unenforceable the remainder shall continue to be in full force and effect so long as the primary
22 purpose of this Agreement is unaffected. The masculine, as used herein, includes the neuter and
23 feminine. The plural includes the singular, including the references to "parties". The term
24 "parties" as used herein encompasses each and all persons and entities described herein.
25 19. Compete Instrument. This Agreement contains the complete understanding made
26 between or among the parties with respect to the Action and any other claims being settled and
27 released by this Agreement. This Agreement cannot be amended or modified in any manner
7
1 except by a writing executed by each of the undersigned parties or by their valid successor(s).
2 All undersigned parties agree and acknowledge that no representations, warranties, covenants,
3 assurances or other promises not specifically set forth in this Agreement have been made by any
4 party in connection with the subject matter of this Agreement. Nor is any party relying on any
5 such conduct in entering into this Agreement. Any negotiations or other communications between
6 the parties relating to the subject matter of this Agreement are superseded by this document and
7 of no force or effect. This Agreement has been negotiated and prepared by and for all
8 undersigned parties equally and shall not be construed as having been drafted by any particular
9 party or parties.
10 20. This Agreement may be executed in two or more counterparts, each of which shall
11 be deemed an original, but all of which, together, shall constitute one and the same document.
12 21. This Agreement shall be governed by the laws of the State of California.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
8
1
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
2 authorized officers to be effective as of the date of final execution by DISTRICT.
3
4
Execution of This Agreement is hereby
5 recommended and approved:
6
LAW OFFICES OF ROBERT J. LOGAN
7
8
9
By: Date:
10 Robert J. Logan
11
12 By: Date:
Diane Holmes
13
14 MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a special district
15
16 By: Date:
L. Craig Britton, General Manager
17
18
APPROVED AS TO FORM
19
20 By: Date:
Susan M. Schectman, District Legal
21 Counsel
22
23
24
25
26
27
9
RECORDING REQUESTED BY:
Midpeninsula Regional
Open Space District
WHEN RECORDED MAIL TO:
Susan M. Schectman, Esq.
Midpeninsula Regional
Open Space District
330 Distel Circle
Los Altos, CA 94022
DU
LY RECORDED WITHO
UT FEE
NO TRANSFER TAX DUE Pursuant to Government Code
PUBLIC AGENCY ACQUIRING TITLE, Sections 6103, 27383.
CALIFORNIA REVENUE AND TAXATION
CODE SECTION 11922
By:
GRANT DEED OF EASEMENT
Midpeninsula Regional Open Space District is the owner of certain real property situated in
Santa Clara County, California, more fully described in Exhibit B which is incorporated herein by this
reference as if fully set forth ("the Grantee Property").
Diane Holmes is the owner of certain real property situated in Santa Clara County, California,
identified as Assessor's Parcel Number 510-35-003, a 21.193 acre tract of land described in the
Deed from Christopher R. Rosien to Cora Edith Holmes, dated February 10, 1920 and recorded
September 14, 1936 in Book 787 of Official Records at Page 299 Santa Clara County Records and
commonly known as 19340 Overlook Road, Los Gatos, California and Assessor's Parcel Number 510-
34-014, a tract of approximately .0261 acres described in the Deed from the San Francisco
Association to the Blind to Cora Edith Holmes dated May 13, 1941 and recorded May 15, 1941 in
Book 1038 of Official Records at Page 382, Santa Clara County ("the Grantor Property").
In consideration of the sum of $18,000.00 and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Diane Holmes ("Grantor") hereby grants to the
Midpeninsula Regional Open Space District, a California special district, an easement described in
Exhibit A, attached hereto and incorporated herein by reference. The easement granted herein is
appurtenant to the District's real property described in Exhibit B, attached hereto and incorporated
herein by reference ("the Grantee Property"). The easement granted herein is subject to the following
conditions and covenants:
1 . Character and Purpose of Easement
(a) The easement granted herein is a non-exclusive easement appurtenant for
ingress and egress over the Grantor Property for patrol, for maintenance and repair of
the Grantee property and/or maintenance and repair of the Easement. The easement
may be used for emergency purposes without limitation.
(b) District's use of the easement for patrol purposes shall not exceed two
(2) round trips per day without the prior written approval of Grantor. Patrol use shall
occur between the hours of 8:00 a.m. and 9:00 p.m. District shall endeavor to schedule
one round trip during its employees' first scheduled daily work shift and the second
round trip during the second scheduled daily work shift.
2. Maintenance and Cons- ..ction Costs
Maintenance and construction costs of maintaining the easement in a condition suitable
for use by vehicles shall be borne as follows:
Both Holmes and the District shall have the right, but not the obligation, to maintain or
repair the easement.
Any party who damages, causes damage or permits damage to occur to the easement
roadway is solely liable for such damage.
Dated:
DIANE HOMES:
e
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DATE: 8/22/96 JOB NO. 96-33
,' ' ' � ! I`
c ' PROP.LINE ROADS PLAT RICK SKIERKA
�� �.`---� S 680 --FOR-- LICENSED LAND SURVEYOR
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P.O. BOX 620182
9 SPACE DISTRICT• �� CyS 330 DISTEL CIRCLE WOODSIDE, CALIF . 94062
c/yS � LOSS 15)069i-1200 22 (FAX) 38251-123
15366
Relates to agenda item #4 • -Droval of
Settlement Agreement betwet ne District
and Diane Holmes and Authorization for
General Manager to Execute Agreement
THE LAW
OFFICES OF October 22, 1996
ROBEP&%,.L
J LO Members of the Board of Directors
Midpe ninsula Regional n Space District
sAN JOSS, CA 95112.5516
1 s2 Nog1x�n sr,s1r1$m1 334 Distel Circle � P
TELEPNONE 409.287.2156 1,os Altos, CA 94422
FACSIUJII 409.290.1749
R& 111ii hr Regional Opm Sp=Dumd v. Hobnes
19340 Overlook Road, Los Gatos
Dear Honorable Members of the Board:
We have reviewed the staff report for the meeting of October 23,
1996, regarding the proposed settlement agreement for the above matter. I
want to take this opportunity to thank Sue Schectman and the others working
for the District who have helped create a solution that can satisfy all parties.
Logic appears to be prevailing.
On behalf of our client, and in partial response to the staff report, we
would like to clarify a couple of points for the board. Contrary to the
position taken in the report, we do not believe the District ever established
"substantial rights" which were undisputed to the use of the fire trail. We
would not be in litigation if it had.
In addition, the District could never have established prescriptive
rights to use the fire road, as any access through the property would have
been with permission. Permission negates adversity. Moreover, the fact that
Diane Holmes was not and cannot at all times be available to refuse
admission or use by trespassers does not mean the law forfeits her property.
Finally, in response to the staff report's reference to "flexibility" of usage of
the fire road under the agreement versus what the District at one time
thought its usage rights were, the agreement is drafted to allow the District
reasonable access at reasonable times, and for the specific patrol purposes
described. This agreement does not open the door to any additional uses.
My special thanks again to the legal staff.
Si ely,
qk _
/IR I Logan
RJL:kc
cc: Diane Holmes
3cu.MMLIS2GATIONWARD.LTI\10.22.96tc
oa ttVno^t XW380u - WVt7e : Lo 96 C2� o �
Regional I-4 ce
R-96-109 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-21
October 23, 1996
AGENDA ITEM
Proposal to Hire Consultant for District-wide Invasive Exotic Plant Inventory
ASSISTANT MANAGER'SGENERAL ATI N "1
1. Determine that the proposed project is categorically exempt from the California
Environmental Quality Act (CEQA) based on the findings contained in this report.
2. Authorize staff to hire Tamara Kan, a plant ecologist consultant, for a District-wide
invasive exotic plant inventory, with a budget of$15,000.
DISCUSSION
At your regular meeting on July 24, 1996, you approved a Grassland Management Plan for
Russian Ridge Open Space Preserve (see report R-96-77). The approved plan entails a four
year program which investigates management methods such as mowing, goat grazing,
controlled burns, and herbicide use. The Russian Ridge project is a "model" study that will
help determine what management methods are most generally effective for grasslands.
However, the choice of Russian Ridge as a site for management attention was based on
public and staff interest,`not on a scientific assessment of which preserves present the
greatest need, or practical opportunity, for invasive exotic plant management. The proposed
District-wide invasive exotic plant inventory is intended to provide this function.
Adopted Resource Management Policy 4.1 emphasizes that to "maintain the diversity of
native plant communities we need to identify appropriate areas for restoring lost or altered
native plant communities and restore them to a natural condition. This is often best done by
restoring natural processes and controlling invasive pants, rather than by planting". Policy
12.3 states that the District will "retain qualified consultants or researchers to collect
additional information or conduct studies, when information is unavailable through other
sources".
A project was proposed for the 1997-1998 Capital Improvement Project budget for a District-
wide "Grassland Management Study" with a budget of$5000. To move toward an effective
resource management program as quickly as possible, staff recommends accelerating and
increasing the scope and budget for the study. The study will be a preliminary inventory of
all serious exotic plant infestations on all the District preserves.
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosd@netc_om.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-96-109 Page 2
Staff has identified invasive exotic plants to be a District-wide management concern.
However, before management actions are determined, an inventory of what species are on
the preserves and their distribution is required. The first phase of the project is to conduct
an inventory, the second is to determine which species, plant communities and preserves are
management priorities, and the third is to implement a program utilizing the priorities. The
current recommendation is only concerned with the phase one inventory and will consist of-
1. A walk-through inventory conducted by a plant ecologist consultant, documented with
maps and written summaries.
2. A survey form sent to field staff, docents, local universities and interested individuals
to collect known information on invasive exotic plant distribution, population change,
and threat to preserves.
3. A profAe of the invasive exotic plant species of greatest concern.
4. A matrix which ranks invasive exotic species and the problem priority infested plant
communities and preserves according to problem priority.
The inventory would be prepared by a plant ecologist consultant, Tamara Kan, who prepared
the Russian Ridge Grassland Management Plan. Ms. Kan would walk most of the trails in
each of the preserves to document their condition with respect to invasive exotic plants. This
inventory would confirm, or be augmented by, the information gathered from the survey
form. The estimated budget to complete the inventory and report is $15,000. Although not
specifically included in the current 1996-1997 budget, there will be sufficient funds available
for this project in the overall capital improvement budget because other projects cannot be
completed this year due to various factors.
The next two phases of the project will use the results of this inventory to first determine
management priorities and then to implement methods. These will involve discussion by
District staff with review and approval by the Board. The prioritization process will begin
after completion of the first phase during the 1997-1998 fiscal year.
CEOA Compliance
Project Description
The project consists of five month study to inventory the invasive exotic plant species on
District preserves. A "walk through" inventory will be conducted in conjunction with a
survey sent to field staff and other appropriate individuals. The results will be used in a
separate project.
R-96-109 Page 3
CEQA Determination
The District concludes that this project will not have a significant effect on the environment.
It is statutorily exempt from CEQA (the California Environmental Quality Act) under Section
15262 of the CEQA guidelines.
Section 15262 states that, -A project involving only feasibility or planning studies for
possible future action which the agency, board, or commission has not approved, adopted, or
funded does not require preparation of an EIR or Negative Declaration but does require
consideration of environmental factors." Section 15262 is applicable because, the proposed
project is a study only. Before any future action, the District will prepare site-specific
studies and plans which will undergo CEQA review.
Prepared by:
Jodi Isaacs, Resource Management Specialist
Randy Anderson, Senior Planner
Contact person:
Jodi Isaacs, Resource Management Specialist
Regional erg Sj _+c
R-96-112 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-21
October 23, 1996
AGENDA ITEM
Authorization to Enter Into Contract with Platypus Studio to Fabricate Phase I and H Exhibits
for the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve
a �
ASSISTANT GENERAL MANAGER'S RECOMMENDATION ',,
Authorize the General Manager to contract with Platypus Studio for$54,132.00 to fabricate and
install Phase I and H exhibits for the David C. Daniels Nature Center at Skyline Ridge Open
Space Preserve.
DISCUSSION
At your April 26, 1995 meeting (see report R-95-61), you authorized staff to contract with
Platypus of Los Angeles to fabricate and install Phase I exhibits for the David C. Daniels Nature
Center at Skyline Ridge Open Space Preserve. At your July 26, 1995 meeting (see report R-95-
100), you authorized a budget increase of$6,600 to allow for additional exhibits. The $6 600
Y g ,
was offset by a donation from Peninsula Open Space Trust (POST). In December, 1995 the
Phase I exhibits were installed. The Phase I exhibits include a laboratory station, three pond
strata mobiles, and four plant community text rails and vitrines. Staff is very pleased with the
exhibits and has received positive feedback from nature center visitors.
Staff would now like to contract with Platypus to complete the Phase I exhibits and design and
construct the Phase H exhibits. The 1996-1997 budget includes $45,000 to continue the
development of the nature center. In addition to the budgeted amount, the District recently
received a 5 donation from$ 000 do ahoPOST and 25 000 from an anonymous n r$ do for 0 o the nature
center. The POST donation is being used to prepare taxidermy mounts and study skins for the
education programs at the nature center. The anonymous donor has requested the $25,000
donation be used for interior and exterior exhibits and a library for the nature center.
Staff recently met with arepresentative fro
m Platypus to discuss the current needs for the center.
Platypus prepared a proposal which addresses the remaining Phase I exhibits, in addition to
Phase II exhibits identified by the anonymous donor.
The current Platypus proposal is outlined below:
Interior Building Improvements
The existing closet will be expanded. The closet currently houses the cleaning supplies needed
for the building, as well as large educational materials. In addition to increasing the overall
storage, the closet exterior wall space may be used for temporary displays.
I
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosd@netcom.com Q
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wire de Wit
General Manager:L.Craig Britton
R-96-112 Page 2
The existing interior lighting system was installed prior to the addition of exhibits. Some
additional lighting is needed in the laboratory station area. The existing lights may also need
to be modified or redirected to better highlight the exhibits.
Exterior Building Improvements
The center is currently open to the general public one day each weekend. By expanding the
exterior deck and using the rear exterior wall space as additional exhibit space, visitors to the
preserve will be able to enjoy some of the offerings of the center. Platypus will design the deck
and design and fabricate the exterior exhibits. The deck construction will be handled under a
separate contract with a local contractor.
Interior Exhibits
The interior exhibits include a pond life cycle exhibit, a history exhibit, and a skins and skulls
exhibit. The pond life cycle exhibit will be a large, three-dimensional, interactive exhibit
centered of the rear wall. The exhibit will most likely become the central focus of the nature
center. The history exhibit will interpret the history of the surrounding area. Local artifacts
or photographs may be used to augment the exhibit. The skins and skulls exhibit was not
included in the original design. However, staff has collected a variety of study skins and skulls
from various mammals found in the Skyline area. They are a useful teaching tool for the
environmental education program and are currently displayed on a table at the center. In order
to make the best use of the small space available in the center, Platypus was asked to design an
exhibit and storage area for the skins and skulls.
The Platypus proposal is attached as Exhibit 1. Exhibit 2 is a sample contract. Exhibit 3 is a
comprehensive cost summary of the nature center development. The shaded items shown in the
table are intended for development this fiscal year. It includes the exhibits contained in the
Platypus proposal, in addition to other projects anticipated for completion prior to the end
March.
Last year, staff solicited proposals from several different museum and environmental education
design consultants to fabricate the Phase I exhibits for the Daniels Nature Center. From the
proposals submitted, Platypus Studio was selected to develop the Phase I exhibits due to their
innovative approaches to design and experience with other similar projects. Staff has been very
pleased with the outcome. No other proposals were solicited for the Phase R work. Staff feel
it is important to continue to work with Platypus Studio on the remaining exhibit design and
fabrication in order to maintain a level of consistency with the design and approach.
Prepared by:
Mary de Beauvieres, Open Space Planner
Contact person:
Same as above
7 October 1996
I
Proposalrevised
Y P
Mary de Beauvieres
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, Ca. 94022-1404
Dear Mary,
.-a. 9oo4l Thank you for asking Platypus to propose on the phase II exhibits for the
Daivd C. Daniels Nature Center. I was glad to hear that the nature center and the
exhibits have been so well received. It has been a real pleasure working with you and
your staff.
The following shows a breakdown of our services and a list of all the exhibits we
talked about at our last meeting, I think I covered all of them. If we do all the exhibits and
building improvements we talked about we will be over your projected budget. But I
have included everything anyway so that you can review the costs and pick the ones you
want to do now and decide which can be postponed until later.
I have included an allowance for the new deck and railings. I have checked with
my architect and this should cover the costs, but we will not know for sure until we get
the bids back. Please let me know what you think. If you need an additional bidder I can
recommend one in Oakland. Talk to you soon.
r ards,
'chard alencia
proposal, page 2, 1017/96
Proposal
Platypus will provide the following:
1. Develop all designs from orginal meeting with nature center personnel
2. Provide final design drawings for review and approval.
3. Provide construction documents, specifications
and engineering for review and approval
4. Provide all camera-ready art. Illustrations, copy and graphics.
5. Fabrication of all exhibits
6. Installation of all exhibits.
Project Schedule
A. Design development......................................................October 28 thru November 25
B. Final design and construction documents......................December 2 thru January 10
C. Fabrication.....................................................................January 20 thru Feb. 28
D. Installation.....................................................................March 2 thru March 4
Projected Costs
A. Pond life cycle exhibit, 3-dimensional, interactive..................................$15,000.00
LL
B. History exhibit..........................................................................................$6,200.00
C. Trail map, bulletin board, rules and regulations
& seasonal display area(outdOO-rs)...........................................................$5,7()O.()o
D. Skins and skulls Exhibit...........................................................................$5,500.00
E. Enlarge existing closet, add area for temp. exhibits.................................$2,700.00
F. Upgrade ceiling lighting system...............................................................$3,500.00
Totalfor exhibits.......................................................................................$38,600.00
F. Estimated sales tax (7.75%), exhibits only...............................................$2,992.00
G. Installation................................................................................................$3,(W.00
H. Shipping....................................................................................................$600.00
I. Design and management............................................................................$8,940.w
(includes construction documents, engineering, research,
art production and illustrations)
Sub-total...........................................*.......................................................$54,132.00
J. Allowance for construction of new redwood deck, approximately
310 sf, with railing to match.....................................................................($6,000.00)
Total...............................................................................................................$60,132.00
proposal, page 3, 1 OM96
Payment Schedule
A. Deposit with PO............................................1/3
B. Progress payment,
completion of construction documents.........1/3
C. Net 30, upon completion
of installation................................................1/3+sales tax
Warranty
Platypus warranties all materials and workmanship to be free of defects for a period of
1(one) year from the date of installation.
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT, entered into this 24th day of October, 1996 by and between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter called "District") and
PLATYPUS STUDIO (hereinafter called "Consultant")
WITNESSETH
WHEREAS, the District proposes to engage Consultant in accordance with the terms and
conditions set forth herein to render certain professional interpretive exhibit fabrication services;
WHEREAS, Consultant is specially trained and possesses certain skills, experience, education
and competency to perform the special services, and District desires to engage Consultant for
such special services upon the terms herein provided:
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. ENGAGEMENT OF CONSULTANT
The District hereby agrees to engage Consultant, and Consultant agrees to perform the
professional services as hereinafter set forth.
2. ADMINISTRATOR OF AGREEMENT
The Open Space Planner, Mary de Beauvieres, shall be the District's representative for
the purpose of administering this Agreement. Richard Valencia shall be in charge of the
performance of this Agreement on behalf of the Consultant.
3. SCOPE OF SERVICES
The District agrees to contract with the Consultant to provide services in accord with the
work described in "Exhibit A" attached hereto and incorporated herein.
4. TERMS OF AGREEMENT
The term of this Agreement shall commence upon approval of both parties to the
conditions of this Agreement and to conclude on March 31, 1997.
5. COMPENSATION
The District agrees to pay the Consultant, as compensation for the services set forth
herein, a lump sum not to exceed $54,132 without prior written authorization. Payment
under the Agreement shall be made promptly by the District upon submission of
Consultant's invoices. Such compensation shall include all costs and expenses of
Consultant.
Failure of the District to accept the recommendations and conclusions of the Consultant
on the basis of differences of professional opinion shall be the basis neither for non-
acceptance of the work performed by the Consultant nor for non-payment to the
Consultant.
It is expressly understood and agreed that this written Agreement constitutes the entire
agreement of Consultant and District and in no event shall Consultant be entitled to any
compensation other than those provided herein.
6. TERMINATION OF AGREEMENT
District shall have the right to terminate this Agreement, by giving written notice to
Consultant of such termination and specifying the effective date thereof, at least five (5)
days before the effective date of such termination. In that event, all finished or
unfinished documents, and other materials as described in Paragraph 18 prepared by
,Consultant shall become the sole and exclusive property of District, and Consultant shall
be entitled to receive reasonable compensation for any authorized and satisfactory work
completed on such documents or other such materials prior to date of termination, not
to exceed the amounts described in Paragraph 5.
7. TERMINATION FOR CONVENIENCE OF DISTRICT
District may terminate this Agreement, at any time, by giving written notice to
Consultant of such termination and specifying the effective date thereof at least thirty (30)
days before the effective date of such termination. In that event, all finished or
unfinished documents and other materials as described in Paragraph 18 shall become the
sole and exclusive property of the District. If the Agreement is terminated by District
as provided herein, Consultant shall be entitled to receive reasonable compensation for
any authorized and satisfactory work completed on such documents or other such
materials prior to date of termination, not to exceed the amounts described in Paragraph
5. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth in this paragraph in the event of such
termination.
8. TERMINATION FOR CONVENIENCE OF CONSULTANT
Consultant may terminate this Agreement by giving written notice to District of such
termination and specifying the effective date thereof at least thirty (30) days before the
effective date of such termination. In that event, it is expressly agreed and understood
that District shall be allowed to seek another consultant to complete Consultant's work,
and, as requested by the Administrator of this Agreement, designated in Paragraph 2,
Consultant will provide assistance and advice to Consultant's successor to facilitate the
period of transition caused by such termination, provided that such minimum period of
assistance and advice by Consultant to his successor shall not extend beyond the effective
date of this termination. Upon termination, as herein provided, all finished or unfinished
documents and other materials as described in Paragraph 18 shall become the sole and
exclusive property of District. If the Agreement is terminated by Consultant as herein
provided, Consultant shall be entitled to receive reasonable compensation for any
authorized and satisfactory work completed on such documents prior to date of
termination, or other such materials to date of termination, not to exceed the amounts
described in Paragraph 5.
9. CHANGES
District may from time to time require changes in the scope of services of Consultant to
be performed hereunder including but not limited to the designation of one or more
specific projects. Such changes shall be made with the agreement of Consultant and the
contract shall be amended accordingly to reflect such changes.
10. EQUAL OPPORTUNITY
The Consultant will not discriminate against any employee or applicant for employment
because of race, color, religion, national origin, age or sex. Consultant will take
affirmative action to insure that applicants are employed and that employees are treated
during employment without regard to their race, color, religion, national origin, age or
sex. Consultant will in all solicitations or advertisement for employees placed by or on
behalf of the Consultant, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, national origin, age or sex.
11. ASSIGNABILITY
The Consultant shall not assign any interest in this Agreement, and shall not transfer any
interest in the same (whether by assignment or novation).
12. INTEREST OF CONSULTANT
Consultant covenants that he presently has no interest, including but not limited to, other
projects or independent contracts, and shall not acquire any such interest, direct or
indirect, which would conflict in any manner or degree with the performance of services
required to be performed under this Agreement. Consultant further covenants that in the
performance of this Agreement no person having any such interest shall be employed or
retained by it under this Agreement.
13. INSURANCE AND HOLD HARMLESS AGREEMENT
Consultant agrees to maintain such insurance as will fully protect both Consultant and
District from any and all claims under Worker's Compensation or employer's liability
laws, and from any and all claims of whatsoever kind or nature for the damage to
property or for personal injury, including death, made by anyone whomsoever which
may arise from operations carried on under this Agreement, either by Consultant, any
subcontractor or by anyone directly or indirectly engaged or employed by either of them.
District and its agents and employees shall not be liable, nor be held liable, for any
liabilities, penalties, or forfeitures, or for any damage to the goods, properties or effects
of Consultant, or of any other persons whatsoever, nor for personal injury to or death
of them whether caused by or resulting from any negligent act or omission of Consultant.
The provisions of this paragraph do not relieve the District of its liability for damages
to Consultant caused by District's negligent acts or omissions. Consultant further agrees
to indemnify and hold harmless District and District's agents and employees, against and
from any and all negligent acts caused by Consultant.
14. TAXES AND LABOR REQUIREMENTS OF CONSULTANT
Consultant shall assume full responsibility for and exonerate, indemnify and hold
harmless the District from and against payment of all federal, state and local taxes or
contributions imposed or required under unemployment insurance, social security, and
income tax laws, with respect to Consultant and Consultant's employees engaged in
performance of this Agreement.
15. NOTICE
Any notice or notices required or permitted to be given pursuant to this Agreement may
be personally served on the other party by the party giving such notice, or may be served
by certified mail, postage prepaid, return receipt requested to the following address:
i
District: Ma
ry de Beauvieres, S Open ace Planner
P P
Midpeninsula Regional Open Space
District
330 Distel Circle
Los Altos, CA 94022
(415) 691-1200
Consultant: Richard Valencia
Platypus Studio
930 Colorado Boulevard
Los Angeles, CA 90041
(213) 255-8001
16. INDEPENDENT CONSULTANT
It is agreed that District is interested only in the results obtained and that Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. Consultant shall complete this
Agreement according to his own means and methods of work which shall be in the
exclusive charge and control of Consultant and which shall not be subject to control or
supervision by District except as to the results of the work. Consultant is, for all
purposes arising out of this Agreement, an independent contractor, and he shall not be
deemed an employee of the District. It is expressly understood and agreed that
Consultant shall in no event be entitled, including, but not limited to overtime, any
retirement benefits, workers' compensation benefits, and injury leave or other leave
benefits.
i
17. COMPLIANCE OF STATE LAW
This Agreement shall be construed and interpreted according to the laws of the State of
California.
18. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems, and any other materials or properties produced under this Agreement shall be
the sole and exclusive property of District. No such materials shall be subject to private
use, copyright, or patent right by Consultant in the United States or in any other country
without the express written consent of District. District shall have unrestricted authority
to publish, disclose, distribute, and otherwise use copyright or publish in whole or in part
any such reports, studies, data, statistics, forms, or other materials or properties
produced under this Agreement.
IN WITNESS WHEREOF, District and Consultant have executed this Agreement as of the date
first written above.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By
L. Craig Britton, General Manager
PLATYPUS STUDIO
By
Richard Valencia, Principal S.S. or F.I.N. No.
David C. Daniels Nature Center'Revised Cost Summary costs)
October 23. 1R9O �
Building Construction Total Cost Contributions Source District Expense
.Design 10,200
� Site Preparation 1.100
Construction Observation 5.500
Construction 84.100 88.500 (1).(2)
Finish ceiling, sprinklers 18.400 �
Utilities 7800
(1) $0SDDO POST Contribution
(2) $23.500 Grant Contribution
Exhibit Plan Total Cost Contributions Source District Expense
�
| Conceptual Plan 9\300
Design (Phase|) 12400
Subtotal ul./uu 2/.700
Phase I Construction Total Cost Contributions Source District Expense
Mobiles 9,200
Interactive Graphic Panel
with Display Cases 19.200 10.080 (3)
| Lab/Reception Counter 7,600 6,600
|
(3) $10,00Daniels family donation
| (4) $G.GOO POST contribution
/6\ portion of anonymous$25.00Odonation
|
Phase U Construction Total Cost Co/unuuuvnu Suv/m: District Expense
| (5) portion of anonymous$26OOOdonation
Phase III Construction Total Cost Contributions Source District Expense
Workstation (Lifec de) 9,00 (�
Workstation (Anatomy) 9,000 [D
Underwater Video 5.000 (Y)
Subtotal 23.000 24000
TOTAL 275.500 129.600 145.000
(?) Potential grant
� Shaded items are pro osed for this year
Regional e .ee
-------------
R-96-111-A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-21
October 23, 1996
AGENDA ITEM
Acceptance of Bid and Award of Contract for Picchetti Ranch Homestead House Structural
Restoration Project
GENERAL MANAGER'S RECOMMENDATIONS
1. Permit K-4 Construction of Santa Cruz to withdraw its bid of$28,000 for restoration
of the Homestead House at Picchetti Ranch.
2. Determine that it is in the District's best interest to accept the second lowest
responsible bid of$42,070 from Kal Construction of Santa Clara for restoration of the
Homestead House at Picchetti Ranch.
i
i
3. Authorize the General Manager to enter into a contract with Kal Construction for
performance of work.
i
Discussion
I
At your June 26, 1996 meeting, you authorized staff to solicit bids for the Picchetti Ranch
Homestead House Structural Restoration Project (see report R-96-70). A notice requesting
bids was published in the San Jose Mercury News on September 27, 1996. The public bid
opening was held on October 15, 1996. Five bid proposals were received. A summary of
the bids is attached for-your review.
Contractors bid on the Homestead House base project and one unit price item for replacing
the flooring. The base project consists of structural, foundation, and accessibility
improvements to the Homestead House. If the bids received were lower than the grant funds
available, the District, at its discretion, could add the unit price item for replacing the
flooring to the base project.
Two grants were awarded for this project totalling $63,000. Since the adoption of the 1996-
1997 budget, the scope and funding for the restoration of the Homestead House has increased
due to the approval of the second Historical Heritage Commission grant. The current
$40,000 budget was initially planned to include design and construction elements for the first
grant and preparation of plans and specifications for the second grant. In April 1996, when
the second grant was officially awarded, staff re-evaluated and combined all elements of both
grants into the project in order to expedite the project and be more cost efficient (see report
R-96-70). To date, approximately $15,000 has been spent on plans and specifications.
I
The apparent lowest bid of$28,000 was submitted by K-4 Construction. However, K-4
Construction has requested that it be permitted to withdraw its bid and staff recommends that
it be permitted to do so. The bid was substantially lower than the amount the District's
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.Smemo(f,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
i
I
I
R-96-111-A Page 2
architect believes is adequate to successfully complete the project. After discussing the bid
with K-4 Construction, it was apparent that K-4's bid was submitted in error due to K-4's
misinterpretation of the bid documents. K-4 was under the impression that the flooring
replacement was a required component of the project, but it was not. As a result, K-4's base
bid does not accurately reflect project costs.
Staff and the District's architect, Page & Turnbull, believe that it is in the District's best
interest to permit K-4 to withdraw its bid and to award the contract to KAL Construction, the
second lowest bidder.
Staff has analyzed the bid submitted by the Kal Construction and found it to be complete.
Staff also contacted references for information about the contractor's past construction
projects. The contractor has completed numerous construction projects for the City of Los
Altos and County of Santa Clara.. References stated that the contractor completed projects
within budget and in a timely manner. The contractor is currently working on the seismic
retrofitting projects for fire stations for the City of Milpitas. Staff recommends award of the
contract to Kal Construction.
Prepared by:
Judy Law, Open Space Planner
Contact person:
Same as above
Homestead douse Structural Restoration Project
Picchetti Ranch Area of Monte Bello Open Space Preserve
Bid Summary
Name of Total Base Bid Unit Price for
Bidder Flooring
K-4 $28,000 $70 / sq. ft.
Construction
Kal $42,070 $9.84 / sq. ft.
Construction
John Plane $53,116 $9.86 / sq. ft.
Construction
TAG Group $58,231 $18 / sq. ft.
Bruns Belmont $67,120 Did not
Construction provide
i
Regional Open Sk ce
R-9&111 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-21 w
October 23, 1996
AGENDA ITEM
Acceptance of Bid and Award of Contract for Picchetti Ranch Homestead House Structural
Restoration Project
ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS
1. Accept the lowest qualified bid for restoration of the Homestead House at Picchetti
Ranch.
2. Authorize the General Manager to enter into a contract for performance of work.
Discussion
At your June 26, 1996 meeting, you authorized staff to solicit bids for the Picchetti Ranch
Homestead House Structural Restoration Project (see report R-96-70). A notice requesting
bids was published in the San Jose Mercury News on September 27, 1996. The public bid
opening was held on October 15, 1996. Five bid proposals were received. Contractors bid
on the Homestead House base project and one unit price item for replacement of flooring. A
summary of the bids is attached for your review.
This project consists of structural, foundation, and accessibility improvements to the
Homestead House. Staff is analyzing the bids submitted and contacting references for
information about the contractors' past construction projects. Staff will provide a
recommendation for an acceptance of the lowest qualified bidder and award of contract at
your October 23, 1996 meeting.
Prepared by:
Judy Law, Open Space Planner
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:Fete Siernens,Mary C.Davey;Teena Henshaw,David T.Smernoff, Nonette Hanko,Betsy,Crowder,Wim de Wit
General Manager:L.Craig Britton
| ^ Chmhns Nm. 98-1M
|
| Meetirg86-21
| Date: Oct. 23. 1896
/ Revised
K4|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
|
| # Amount Name Description
1021 219.82 Acme &Sons Sanitation, Inc. Sanitation Services
1022 19.25 Acorn Naturalists Resource Documents
1023 700.00 °1 AOT Security Systems, Inc. Skyline Ranger Office Security System
1024 300.00 Randy Anderson Reimbursement--Architect's License
1025 55.00 Andy Lund Gahion Rock Hauling
1036 15.04 Armament Systems and Procedures, Inc. Law Enforcement Equipment
1027 122.03 AT &/ T Telephone Service �
1028 607.71 Bay Area Bobcat Tractor Bucket
1029 992.00 Beautiful Cars Truck Body Repairs �
1030 98.38 8roon' C)'Donnm||, K8iUmr, Brown & Dannis Legal Services �
1031 803.00 Cmr|men Bruins Reim huraemoent-Nmtionm| Interpreters
� Workshop Conference
� 1032 152.9lCalifornia �twr �wmv��w Company� �� �
1033 110.00 Camino &8nd|oa| Group NYedk:g| Services
�
1034 79.00 CarmerTrmok Training--M. King
1035 89.95 Annette Coleman Reim buromnment--Fie|d Supplies
1030 51.12 C|ark`m Auto Parts/Machine Shop Vehicle Parts and Equipment
1037 3.100.61 Alice Cummings Grant Preparation Consultant
1038 2.012.76 Design Concepts Graphic Design--Brochures
1039 54.75 FedEx Federal Express Mail
1040 130.00 Fidelity National Title Insurance Company Reconvayanca Fees
1041 58.03 Film To Frame Film
� 1043 2,650.00 First Interstate Bank Note Paying Agent Fee
�
1043 5'544.06 First Trust National Association Note Paying Agent Fees
1044 92.99 Forestry Suppliers Equipment Parts
1045 32.33 Foster Bros. Security Systems, Inc. Keys
1040 24.30 (3 Q' K Services Shop Towel Service
1047 137.76 Gardan|ond Power Equipment Equipment Parts and Repairs
1048 351.27 Garden Supply ReotormtionTopsoi|-P|nchetti
1049 275.00 Gmrrod Farms Fence Materials
1050 213.29 GoodcmPremo Office Forms
1051 9.47 Granite Rock Company Service Charge
1052 4,000.00 Grant Thornton Financial Auditors
1053 23.68 G T E Mobi|net Cellular Telephone Service
1054 01.40 The Home Depot Field Supplies
1055 83.98 The Ed Jones Company Badge Engraving
1056 157.58 Kinko'u Copy Service
1057 584.62 Dennis Kobza B' Associates, Inc. Architectural Services-Skyline Office
1058 186.04 Los Altos Garbage Company DumnpnterRentm|
1059 32.22 Lexington Quarry GabionRock-pincho11i �
�
1060 225.00 Town of Los Gatos Construction Management Sorv|cea-
Sky|ino Ranger Office �
1061 72.54 Lucent Technologies Telephone Maintenance Service
1062 375.00 Marilyn Manning Ph. D. Consulting Servioe-TeernBuilding
�
°1 Urgent Check Issued October 17, 1996
Page
� Claims No. 9$-1$
/ Meeting 86-21 �
/ Oa10 Oct. 23. 1906 �
�
Revised �
K8|OPEN|N8ULA REGIONAL OPEN SPACE DISTRICT
# Amount Name �
Description
1053 258.38 K8etnnK8obi|Connmnunicatono Radio Repairs �
1084 520.00 Michigan State University Seminar--D. Dolan and L. Crook
1065 392.10 &8i|mtoneGeotechnioa| Geoteohnioo| Conmu|timA Services--
Skyline Ranger Office
1068 99.24 Moffett Supply Company Janitorial Supplies �
1067 68.95 Monogram Sanitation Restroomn Repair Part
� 1008 25.00 National Speedy Auto Glass Vehicle Replacement Mirror �
�
1069 428.31 The Office Depot Office Supplies
1070 720.50 Orchard Supply Hardware Field Supplies
1071 1.062.74 Pacific Bell Telephone Service �
1072 361.00 °2 Pacific Gas & Electric Electrical Panel Upgrado-Sky|ineOffice /
1073 152.43 Page 8' Turnbull RmmtnrotonSmnvions-Roohmtti '
!
1074 700.00 Town ofPortoaValley Retainer For Town P1anner-VVndyHill |
Parking Site Development |
1075 1'771.18 R6& R Omm|Qnerm Enterprise Rental Repairs /
1076 34.13 Rayne Water Conditioning Water Service '
1077 100.42 Reed 8' Graham Inc. Rood Repair Materials '
1078 2.097.20 Roy'm Repair Service Vehicle Maintenance and Repair
1079 903.94 Russ Enterprises Signs '
1080 113.98 David Sanguinet1i Reimbursement—Field Supplies '
|
� 1081 395.58 San Jose Mercury News Advertisement—Project Bids |
1082 30.07 Sears EK8[} Tools '
1083 44.00 Sequoia Analytical Water Quality Testing !
1084 738.05 John Shelton, Inc. Culverts |
1085 489.90 Smith Equipment Equipment Parts '
1086 441.61 Cheryl Solomon Reinnbunmennun1-Off ice Equipment /
1087 16.38 State ofCA, Board ofEqualization Diomo| Fuel Tax �
1088 45.00 Kirk Stoddard Docent Training .
1089 33.40 Summit Uniforms Uniform Expense /
1090 350.17 Teater & Etc. Brochures and K8opm '
1091 22.97 TRVV'Redi Property Data Micro Fiche Box �
1092 302.02 Two R.K8.`s Sales Q, Service SnnoU Tools �
�
1093 33.50 Unnom| Fuel .
1094 52.50 U.S. Rentals Rental Equipment Insurance
�
1095 88.50 M. OouQ|oaVu Vehicle Expense /
1080 114.37 The Workingman's Emporium Uniform Expense �
1097 785.50 Zumwalt Engineering Group Engineering Consulting Services--
Weeks Road Project �
�
1098R 1'250.00 °3 Dona Property Analysis Property Analysis Report �
1099R 4'320.00 E.R. Sheehan Trail Construction Services
�
110OR 300.58 Petty Cash Office Supplies, Field Supplies, Local �
Business Meetings, Docent Supplies �
�
and Vehicle Expense
�
�
. °2 Urgent Check Issued October 17, 1996
�
°3 Urgent Check Issued Ootober23. 1990 �
�
Total 44'736.39 �
Page 2
| ���---- - ��-- - �������--- - - -��-- -��- - - -���- -/
/ Claims No. BG-1M '
Meetingg6-21
Date: Oct. 23. 1906
N1|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
� # Amount Name Description
1021 219.82 Acme &Sons Sanitation, Inc. Sanitation Services
� 1022 19.35 Acorn Naturalists Resource Documents �
� 1023 700.00 °1 ADT Security Systems, Inc. Skyline Ranger Office Security System �
� 1024 300.00 Randy Anderson Reimbursement--Architect's License
�
1025 55.00 Andy Lund Gabion Rock Hauling |
1028 15.64 Armament Systems and Procedures, Inc. Law Enforcement Equipment |
1027 122.63 AT8/ T Telephone
' |
1028 607.71 Bay Area Bobcat Tractor Bucket |
1029 992.00 Beautiful Cars Truck Body Repairs |
1030 99 �� Brmon' O'Donnell, K8iUor' Brown Legal
' |
1031 803.00 Cor|eonBruinn Reimbursement--National Interpreters |
Workshop Conference |
|
1032 152.91 California Water Service Company Water Service
1033 110 �� Camino Medical Group K4mdico| Services' |
1034 79.00 CmraarTraok Training--M. King �
1035 89.95 Annette Coleman Reimbursement--Field Supplies
1036 51.13 C|ark`s Auto Parts/Machine Shop Vehicle Parts and Equipment
1037 3'180.01 Alice Cummings Grant Preparation Consultant
1038 2.012.76 Design Concepts Graphic Oesign-Broohureo
1039 54.75 FedEx Federal Express Mail
1040 130.00 Fidelity National Title Insurance Company R000nxeyance Fees
1041 58.02 Film To Frame H|nn
1042 2'050.00 First Interstate Bonk Note Paying Agent Fee
1043 5.544.06 First Trust National Association Note Paying Agent Fees
1044 82.99 Forestry Suppliers Equipment Parts
1045 33.33 Foster Bros. Security Systems, Inc. Keys
1046 24.30 (3 & K Services Shop Towel Service
1047 137.76 Gerdan|and Power Equipment Equipment Parts and Repairs
1048 351.27 Garden Supply ReatmnationTmpami|-Picchetti |
�
1049 275.00 GarnzdFammm Fence Materials |
1050 213.29 Goodoo Press Office Forms '
1051 9.47 Granite Rock Company Service Charge `
1052 4'000.00 Grant Thornton Financial Auditors '
1053 33.68 C] -[ E K8obi|not Cellular Telephone Service '
1054 61.49 The Depot Field Supplies
/
. /
1055 83.88 The Ed Jones Company Badge Engraving /
1056 157.58 K]nho'o Copy Service /
|
1057 584.03 Dennis Kubza & Associates, Inc. Architectural Services-Skyline Office
| 1058 1Q8 �4 Los DumnpntorH�nta|
' |
/ 1053 32.23 Lexington Quarry Gmbimn Rook-Pieohatti |
/ 1080 225'00 Town of Los Gatos Construction Management Services-- |
|
| Skyline Ranger Office
|
| 1061 73.54 Lucent Technologies Telephone Maintenance Service
' 1062 375'OO Marilynn Manning Ph. D. Cnnau�inUServiom-TnannBuilding
|
|
' °1 Urgent Check Issued October 17' 1996
Claims No. 96- 8 /
MeedngA6-21 /
� Date: OcL23. 1996
'
� �
K8|OPENUNSULA REGIONAL OPEN SPACE DISTRICT |
�
Amount Nmnna Description '
1084 520.00 Michigan State University Seminar--D. Dolan and L. Crook '
1065 393.10 K8i|mtone {]noteohnina| Geotnchn|ce| Consulting Swrviues-
Sky|ine Ranger Office '
1080 98.24 Moffett Supply Company Janitorial Supplies '
1067 08.85 Monogram Sanitation Remtroomo Repair Part '
1068 25.00 National Speedy Auto Glass Vehicle Replacement Mirror
1063 428.31 The Office Depot Office Supplies
1070 726.50 Orchard Supply Hardware Field Supplies �
1071 1'062.74 Pacific Bell Telephone Service |
1072 361.60 °2 Pacific Gas & Electric Electrical Panel Upgrade--Skyline Office �
1073 152.43 Page & Turnbull Restoration 8erxioea-Picchetti `
|
1074 700.00 Town of Porto|o Valley Retainer For Town Planner--Windy Hill
Parking Site Development
|
1075 1'771.18 R0kRDesigners Enterprise Rental Repairs |
1076 34.13 Rayne Water Conditioning Water Service |
1077 100.42 Reed & Graham Inc. Road Repair Materials �
�
1078 2'097.20 Ruy's Repair Service Vehicle Maintenance and Repair
1079 903.94 Russ Enterprises Signs |
1080 113.98 David Sangu|nett( Reimbursement--Field Supplies
1081 385.59 San Jose Mercury News Advertisement--Project Bids
1082 30.07 Sears EK8OTmo|o
1083 44.00 Sequoia Analytical Water Quality Testing
1084 738.05 John Shelton, Inc. Culverts
1085 489.90 Smith Equipment Equipment Parts
1086 441.81 Cheryl Solomon Reimbursement--Office Equipment
1087 10.38 State ofCA, Board of Equalization Diesel Fuel Tax
1008 45.00 Kirk Stoddard Docent Training
1089 33.40 Summit Uniforms Uniform Expense
1090 350.17 TmatarQ/ Etc. Brochures and Maps �
1081 22.97 TRVV'Rad| Property Data Micro Fiche Box |
1092 303.02 Two R.K8.`m Sales 8/ Service Small Tools '
1093 33 �� Unocal Fuel
'
. .
1094 52.50 U.S. Rentals Rental Equipment Insurance �
1095 88.50 M. Doug|amVu Vehicle Expense �
|
1086 114.37 The Workingman's Emporium Uniform Expense
1087 7855� Zumwalt EnOine�hngConmu|tingS�n/iceo-
. �
Weeks Road Project �
�
�
°2 Urgent Check Issued Optober17, 1998
| Total 38,785.81
Page 2
|
|
/
/
Regional Open S, ee
1 I
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
l
TO: Board of Directors
I
FROM: C. Britton, General Manager
DATE: October 23, 1996
SUBJECT: FYI
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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
STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON,Govamor
DEPARTMENT OF PARKS AND RECREATION
P.O.BOX 942896
SACRAMENTO 94296-0001
(916) 653-8758
OCT
October 22, 1996
Mr. Craig Britton
General Manager
Midpeninsula R.O.S.D.
330 Distel Circle
Los Altos, CA 94022
Attention:Del Woods
Dear Craig:
We are pleased to inform you that your El Corte de Madera Trail(RT-41-002)
project has been selected for funding under the National Recreational Trails Fund Act
Program in the amount of $73,000. We anticipate receiving contract obligation from the
Federal Highway Administration(FHWA) within the next 30-45 days. However, we were
unable to obtain spending authority in the State Budget for this fiscal year. The earliest
that we can obtain spending authority is next July, with passage of the FY97 State Budget.
We cannot enter into a contract with you until the funds are appropriated in the State
Budget.
Costs incurred after the date of the letter of obligation from the FHWA for
approved projects will eligible for reimbursement. We will notify you of that date.
Remember, we cannot reimburse you until we have a contract.
The NRTFA Program received funds from Fiscal Years 1996 and 1997. The
August 1, 1996 application deadline was for the total amount for both years. We do not
know if the program will be funded beyond FY97. If the state receives funds in the future,
we will notify you of a new application deadline.
Congratulation on submitting such a competitive proposal. If you have any
questions, please call your project officer, Keith Steinhart at (916) 653-8893.
Sincerely,
Odel T. King, Jr., Manager
Planning and Local Services Section
F-069 T-705 P-001/004 OCT 23 '96 10:14
HeiR Noac� '&efly&Spahnn
6 aV C A 0 C 4 T A L a C L . 1 0 .
Ralph A.Heim
Russell W.Noack
Anne Kelly TRANSMITTED VIA FACSIMILE 4 Pages
Leslie S.Spahm
Paul I Lunardi
John Caldwell
October 23, 1996 9:30 a.nL (PDT)
TO: L. Craig Britton 415-691-0485 (148)
General Manager
Midpeninsula Regional Open Space District
FROM: Ralph A. Heim
RE: Proposition 218
Attached hereto is a copy of a position paper in opposition to Proposition 218
(Right to Vote on Taxes Initiative) prepared by the Joint Venture:Silicon
Valley Network, which is comprised of most of the companies in the Silicon
Valley.
During a recent seminar on legislative races and ballot propositions, most of
the pollsters concluded that Proposition 218 would probably pass, even with
mounting opposition from numerous business groups, including the Network
in Silicon Valley. While none of the pollsters were absolute in their
predictions, most argued that virtually all of the controversial ballot
measures and key contested legislative races would be decided by the type of
voter that actually votes on November 5.
The pollsters argued that the Clinton/Dole race is over, and the only question
remaining is how big Clinton wine California, They also believe that if the
networks predict a Clinton victory in the early afternoon on November 5, a
good number of voters, both Republican and Democrat, will choose not to
vote, which they suggest will impact the controversial ballot measures and
key legislative races.
They concluded their prediction of Proposition 218 with the fact that older,
more conservative (both Republican and Democrat) voters tend to be more
loyal relative to voting, and this is the type of voter more inclined to support
1121 L Street,Suite 100
Sacramento,CA 95814
TeL(916)442-4584
Fax(916)4414925
F-0613 T-705 P-002/004 OCT 23 '96 10:14
L. Craig Britton
Re: Proposition 218
October 23, 19"
Page 2
Proposition 218. Finally, the pollsters suggested that the Jarvis
Organization has a "cause"with its members; they are doing an excellent job
of communicating with them and relaying the need for their support on
election day.
In the final analysis, it was most interesting to witness some of this State's
top political operatives admit that this election is simply too complicated to
predict with a high degree of confidence, given the number of external factors
playing thereupon. They believe the election will produce a number of
"surprises," and Proposition 218 may be among them. Stay tuned.
RAH/kmg
Attachment
F-069 T-705 P-003/004 OCT 23 '96 10:14
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JOINT VZ,NTURE: SILICON VALLEY NETWORK
Sr4T,Elff,DL PROPOSM01V 218
(Voter Approval for Local Covernmecat Taxm Liur�s on Fees,Assessments and O arges_
Initiative Coaftitional Amendment)
POSITION PAPER
THE PROPOSAL
This constitutional measure would constrain local governsucats' ability to impose fees, assessments, and takes
by adding Articles)auC and )ClIM to the Califorain tooastitutiou (closing centaur perceived loopholes in the
tax limitation Scheme taaaw by Propositions 13 and 62). The n�-ure would apply to all cities, Counties,
special districts, agencies,and school districts in Calskniia.Specifically,Proposition 218_
• Limits suthority of local governments to impose taxes and property-related sssamucuts,fees, and charges.
Requites majority of voters to approve increases in general taxes and reiterates that two-thirds voter
approval is required.for imposition of a"special tare." -
• Re*Am that assessments,fats,and charges be submitted to property owners for approval or rejection„after
notice and public Iwasisig.
• Limits assessmettis to the special benefit canfen TA
• Limits fets and charges to the cm of providing the service and prohibits their imposition: for general
governmental 9crvf=available to the public.
JOINT VENTURE POLICY FRAMEWORK
Joint Venture:Silicon Valley Network is an incubator for collaborative,regional solutions to issues affecting the
business crate and quality of life in Silicon Valley. its visiorc is to build a community collaborating to
compete globally.
The Joint Veatuure Board selectively takes public positions oa local and statewide reform proposals that AM
consistent with Joint Venture's mission. Proposed mfcnrrrks must strongly advance one or more of the following:
• Promotes economic devekqmment of Silicon Valley;or
• Enhances the quality of life oftto region;or
• Supports educa:ion in the community;or
• Stimulates cvtlsbvrstivn between business.govcrnmeut,education:and community groups.
In addition, tic impact of the proposed reform mast be felt region-wide (e.g., by many localities our many
hasuiesses in the four-county Silicon Valley Region), and must benefit both the public and private sectors,
either directly or indit%tly.
i
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F-069 T-705 P-004/004 OCT 23 '96 10:15
juw I
Venetic:SibM Vattcy Nerwo* PAp 3
Position Piper-Prapvsitim 2It
' - .dM mvt w to 1
• Psyr�lictagti, A`'r�rbk Revana� . and Tear .f'c�cy - prtnlscta�b�ty loon
goverunieuts and a stable tax environment fw businesses.
Prop.21S runs attoogly router to tht principles for a 21st Century.pro-ccOAMMY tax structure. F 1%it serves
to perpettmm a tax and fiscal stovcture that ties the hau ft of local c ou=unities in serving the Unique needs of
their businesses and "citizen customers" AcxounubHity is reduced by n local government mote
dq?mdcut can state pnvmrnesrt in meeting local :seeds. Supporters of Prop, 7-18 ipm the f to that the bulk of
the overall tact bnnjen is crested at the state and federal levels,,which provide much less immediate and tangible
value to dbe.average taxpayer as coaWinted to locally f asawd sr evicts.
Second,Prcap.219 will discourage public seer iaveMOVA in is�v-tune,such as tbat support
high-productivity,high-value eoonornic de:veloptesent.The two-dxir s voter approval rcquimmcut for all"speraai
Rues."and never,complex laws associated with spacial asw==ts and p opedy-related fees and chaz'ges,will
slow gca=a ven=er& ability to melee critical u&isistructure investments that support a cummumly's long-term
economic heaps and vitality.
Finally,.lint Ventsm's public and private-sector partners share the concern that an unstable fiscal climate for
local goverannew is det rimmial tv our region's compcuuvcncss in a global environment. Provision of Prop.
218--nainely the hrxaadening of ttu initiative)rcftxendum powers to repeal or reduce any local taut,assessment,
or fee,, and the eve application of the voting requirement to c dSdM local genexal tastes -- would allow
voters to reverse is m and fees already bt mg collecaed. Such rev ersal,s could undertauae revenues used to
service debt on goven ment bonds and could desW3,ilize the matket for CaUfanues local government bonds.
Such fiscal instability tmdertnines local goveru=sent's capacity to plan for the drhvery of public services and
investments into the future.
it is clear that local government must do a better job of explaining the connection between dirt property
assesments, fees and taxes citizens pay and tie exact smviccs and p wgrams these revenues support. Greater
goverrtrnent accountability and effscitonoy we goals worthy of support. Hawcver, it is Ungortant to zMembcr
that while prarmoting efficient,accountable government is a vaW otfjectivc,*wartirag its legitimate fanMORS as
not. Joint Venture's public opposition to Prop. 219 reflects the stiaced cotx.crru of its local government and
business partners that . 213 goes too far. Our tax and fiscal system needs improvcuacut, but Prop. 218 is
�'oP _P _
the wrong way to do it.It sloes Aroma hams than goad,and poses a threat to curer regions future economic vatality
and quality of lifer We cneo%Me voters to VOTE NO on Proposition 218.
THE POLICY POSITIONS OF JOINT VENTURE.SILICON VALLEY NETWORK REFLECT THE CONSENSUS OF
1HE INDIVIDUALS ACTING ON BEHALF OF THE COUNCIL OF TAX AND FISCAL POLdCY AND THE JOINT
VENTUW_: SILICON VALLEY NETWORK BOARD OF DIRECTORS,AND SHOULD NOT BF IWFJW"-.1Tfj)AS
REFLECITNG THE OFFICIAL. POSMON OF OTHFR ORGANIZATIONS wrM WHICH'TkFSF Rq mvTDUALS
ARE AFFILIATED.
Regional Open S. ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: Jean H. Fiddes, Assistant General Manager
DATE: October 18, 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,Nanette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Cram Britton
INTER-OFFICE M[EMORANDUM
October 18, 1996
TO: Craig Britton, General Manger
FROM: John Escobar, Operations Manager
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month September Year 1996
VIOLATIONS TOTALS ACCIDENTS TOTALS
Bicycles Bicycle 4
Closed area 4 (4) Equestrian 0
Speed 18 (5) Hiking/running 1
Helmet 19 (8) Other first-aid 0
Night riding 0 Search/rescue 0
Dogs Helicopter evacuations 0
Prohibited area 5 (3)
Off-leash 5 (2) ENFORCEMENT
Fishing 3 (3) Citations 53
Fishing w/o license 2 (2) Written warnings 60
Off-road vehicles 1 Police assistance 5
Closed area 0 Arrests 1
After hours 27 (17)
Weapons CRIMES
Actual contacts 0 Auto burglaries — 4
Reports only 3 Resisting officer 1
Vandalism 3 Cultivation marijuana 2
Parking 12 (3) Poaching I
After hours parking 16 (4) Petty theft 1
Dumping/littering 0 Breaking/entering 1
Unsafe bike operation 1 (1)
Campfire 1 MUTUAL AID
Firewood gathering 1 (1) Accidents 3
Enforcement 1
Search & Rescue 1
number of citations issued
OTHER
LZ for off-site 2
Mt. lion confrontation 1
SUMMARIES OF SIGNIFICANT INCIDENTS
More than 25 separate acts of vandalism have occurred at El Corte de Madera in the last three months.
All vandalism was directed at the trail closures which are a part of the Trail Plan for the preserve.
Sept. 1: T. Randall reported that an unknown subject entered the monolith at the former AFB at Mt.
Umunhum and threw items off the roof.
Sept. 2: T. Randall found broken bottles on an embankment in Sierra Azul. Evidently, someone had
been using the bottles for target practice with a gun.
Sept. 9: T. Randall requested Los Gatos Police when responding to an after hours incident in Sierra
Azul, because the subjects had consumed alcoholic beverages. One person was issued a
citation for after hours and the other was arrested for an outstanding traffic warrant.
Sept. 10: T. Randall responded to a solo mt. bicycle accident at St. Joseph's Hill. The cyclist told him
he wasn't wearing a helmet and was going 15 to 20 mph. The cyclist was transported to
Valley Medical Hospital for a concussion, lacerations, and abrasions. Central Fire, AMR
Paramedics, and the Los Gatos ranger responded to the incident.
Sept. 13: A group of 16 juveniles and one adult were contacted at Foothill OSP for 'after hours use'
and alcohol violations. Four district rangers and Palo Alto police assisted on the incident.
Sept. 13: Two marijuana plants were found at Foothills OSP. The plants were removed and destroyed
by W. Phillips and B. Downing.
Sept. 15: A dead deer was found on the Ridge Trail at Russian Ridge OSP, 100 yards north of Alpine
Rd. It appeared to have been shot from the roadside or Skyline Blvd.
Sept. 19: M. Newburn found two people climbing on the Mora water tank. One of them had a $500
warrant for 'failure to appear'. The Santa Clara Sheriffs Department was too busy to
respond. Both were given verbal warnings.
Sept. 2 1: L. Paterson witnessed a bicyclist cause a near collision with another rider on Canyon Trail at
Monte Bello OSP. She issued the bicyclist a misdemeanor citation for unsafe operation of a
bicycle.
Sept. 23: The district received an anonymous report that someone was hunting pigeons with a shotgun
in Sierra Azul. A Santa Clara County deputy, P. Hearin, and T. Lausten checked the area
and didn't find the person.
Sept. 26: A 'crew working' metal sign, frame, and stand were stolen at Mt. Umunhurn while the crew
worked nearby.
Sept. 26: Forty-three marijuana plants were discovered in a remote area off Skyline Blvd. in Coal
Creek OSP by a San Mateo Sheriffs deputy. The plants were later removed by the sheriffs
office.
Sept. 27: A person was found cutting firewood along Page Mill Rd. at Foothills OSP. L. Paterson
issued a citation to the wood cutter.
Sept. 29: A motor vehicle was intentionally set on fire in the early morning hours adjacent to Windy
Hill OSP. A small area of grass on the preserve was burned. San Mateo Sheriffs Office
conducted a search of the area using dogs and ground searchers. It was believed that a
homicide or a suicide may have been connected to the vehicle. The search was concluded
when the possible victim was located safe in her home town of Petaluma. District staff
played a minor role in the search.
Regional Open S, ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
October 14, 1996
TO: Craig Britton - General Manager
FROM: Jodi Isaacs - Resource Management Specialist
I
SUBJECT: Issuance of a Special Use Permit to collect coyote
blood- samples on District land for a study on the Cat
Scratch Disease agent.
We have received letters from Dr. Bruno Chomel, a researcher from
University of California at Davis, Dr. Pamela Swift from
California Department of Fish & Game, and from Russ Parman from
Santa Clara County Vector Control, asking for the District ' s help
and collaboration with a study to investigate the possible role
coyotes may have as a reservoir for Cat Scratch Disease agent
(Bartonella henelae) .
They have asked permission to conduct coyote live-trapping on
District lands for the purpose of collecting blood samples to
test for the disease . Dr. Chomel desires 50 blood samples from
adult and young (< 3 years of age) coyotes living in the vicinity
of the Windy Hill Open Space Preserve . Some sampling has already
begun on neighboring lands but they would like to expand their
efforts onto District lands . This sampling may require
areas to be trapped for several days . Coyotes would be humanely
trapped and only contained long enough for blood samples to be
drawn and then immediately released unharmed.
Dr. Chomel ' s interest in collecting blood samples stems from the
finding reported on September 20, 1996 by Dr. Pamela Swift at the
California Department of Fish and Game - Wildlife Investigations
Lab that showed evidence of the Scratch Disease agent in two
coyotes taken from District land. He and Dr. Swift would like to
further this investigation as there is only anecdotal mention in
the literature of coyotes as a reservoir for the disease .
Staff feels Santa Clara Vector Control staff is very capable of
carrying out the humane capturing, blood sampling, and release of
coyotes . Recently, they assisted the District with the coyote
incident in August of this year. They are professionals who take
them work cautiously and carefully using humane methods without
unnecessary harm to the animals . From past performance I have
confidence that they will adhere to the conditions set forth in
the permit and conduct the sampling with full respect for
District land and it ' s inhabitants .
330 Distel Circle * Los Altos, CA 94022-1404 a Phone:415-691-1200 • FAX:415-691-0485 * E-mail:mrosd@netcom.com t�B
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
The sampling will be conducted under a District Special Use
Permit . This permit is consistent with the adopted Resource
Management Policies on research and information collection.
Specifically, 12 .4 states :
"Allow collecting, trapping, or other field research
activities only in conjunction with legitimate research
consistent with the District ' s management goals" .
I intend to issue a three month long special use permit to Santa
Clara County Vector Control under the following conditions :
The District will be informed of when and where all
sampling will take place.
Trapping will be conducted during hours when the preserve is
closed to the. public .
Coyotes will be ,contained only long enough for a complete
blood sample to be taken and released unharmed thereafter.
Only the required number of coyotes will be trapped to
fulfill the need of the study.
Upon completion, the District will receive conclusions of
the study.
I would like to issue this permit as soon as possible because
winter weather is not conducive to trapping. Please let me know
if you have any comments or questions .
J
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Portola Valley Town Trail Committee October 13, 1996
765 Portola Road
Portola Valley, CA 94028
Re: Dog Access To Windy Hill Open Space Trails
I understand that a request has been made to close Eagle Trail to dogs. As a life-long
resident of Portola Valley, I remember when this area used to be referred to as being
located in "the sticks." Over the years, I've seen many changes, but have always known
this town to be animal friendly.
Trail etiquette is acquired through education and most of the "dog people" that I know go
out of their way to speak to people that are breaking the rules. There will always be
spoilers, but the majority of people around here are responsible dog owners. As far as I
know, there have been no reported problems on Eagle Trail that would justify closure.
There are many restrictive anti-dog ordinances being passed across the nation based on
misinformation, single incident problems,and failure to utilize existing animal control
laws. Please don't let Portola Valley succumb to this mistake.
As an advocate of positive dog legislation and a local voice,I urge you to leave Eagle Trail
and other areas open for dog access.
Sincerely,
�dt�
Betsy Roselle
1 iu N. Balsamina Way
Portola Valley, CA 94028
cc: Portola Valley Town Council
Midpeninsula Regional Open Space District
r b 4 pen apace
October 14, 1996 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Rufus Jeffris
Editor, Mountain View Voice
655 W. Evelyn Avenue, Suite 3
Mountain View, CA 94042
Dear Mr. Jeffris:
I rn writing in response to a recent article and letter to the editor regarding the conduct of a
Midpeninsula Regional Open Space District ranger on September 26 at Rancho San Antonio Open
Space Preserve.
First, I'd like to express my regret that anyone felt they had a negative experience, or perceived
that the District treats the public with anything less than respect and courtesy. Our entire ranger staff are
trained professionals who carry out their duties with a high degree of competence and proficiency, and
they are well-versed in public contact and communications skills. This situation resulted from
insufficient communication on the part of the District. compounded by a misunderstanding at-the site.
I'd like to clarify what occurred and offer our plan for how to improve District guidelines so that such a
situation will not recur.
September 26 was the night of the lunar eclipse, and District staff had discussed the potential for
people using the preserves after-hours for viewing. It was decided that the rangers would exercise a
degree of flexibility in enforcing the preserves' closing times (normally one half-hour after sunset) in
order to allow the public some additional time to view the eclipse. The District does provide for such
flexibility on rare occasions such as this. Normally, however, people would call and request a permit for
such activity.
The ranger involved was on-call that evening, but not on duty prior to the occurrence, and
therefore did not receive the verbal instructions given`to the scheduled evening patrol staff. At the time
he contacted the visitors, he was unaware of the decision to permit visitors to remain in the preserve after
hours. Clearly, he should have been informed of the flexibility in enforcing the after-hours regulation,
and this guideline should have been put in writing to remove any possibility of a misunderstanding.
The ranger exited his vehicle and approached a group of approximately 50 people on the hilltop.
Without knowing that there were verbal instructions to the contrary, the ranger informed the group that
they were there after hours and should leave the preserve. Because the group was spread out, it was
necessary for the ranger to raise his voice to be heard by the entire group. This may account for those
closest to him complaining that the ranger"yelled" at the crowd. Apparently, one person in the crowd
demanded to know what the ranger would do if they refused to leave. In response to that specific
question, he stated that he would issue citations if they didn't depart within five minutes. Again, he did.
not have the verbal instructions to allow some flexibility in enforcing that regulation.
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0483 . E-mail:mrosd®netcom.com �0
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoii,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager.L.Craig Britton
i
October 14. 4 996
y1r. Rufus Jeffris
Page -2-
The group moved outside the presen-e boundary,,followed by the ranger, who turned off his
headlights as his vehicle approached them. The ranger then noted additional people on the hilltop. so he
drove his vehicle back up. While talking to three young women there, who were concerned with walking
alone in the dark back the way they came, the ranger left his headlights on. which is standard procedure.
Unfortunately, although he was at least 500 feet from the group now outside the preserve, his headlights
inadvertently shone in their direction. When he returned to the crowd he turned off his headlights again
to minimize the disruption. When told his lights had been shining from the hilltop. the ranger
apologized. He freely gave his name and business cards to anyone who asked. To date, the District has
received only one complaint about this incident.
I should also note that Rancho San Antonio Open Space Preserve has a history of after-hours use
and other violations of District regulations. In addition, the District has worked for years to minimize
on-street parking in the vicinity of this neighborhood entrance to the preserve. We have a responsibility
to enforce District regulations and respond to neighborhood concerns. Faced with visitors on the
preserve after hours and multiple instances of on-street parking, the ranger was doing his job to carry out
that responsibility, albeit with incomplete information.
Again, I regret that any of our visitors had a negative experience. Here is what we plan to do to
ensure that this does not recur: we'll do a better job to anticipate and plan for public interest during such
astronomical events; we'll clarify our policy and instructions for specific events so there is no
misunderstanding; and, we'll improve our communications so that all staff are fully aware of any special
instructions during a particular event of this nature.
We encourage the public to enjoy their open space lands, but to be aware of the regulations
which are in place for their protection, as well as the protection of the natural resources. We'll try to
remain flexible during special occurrences like the eclipse, but please don't assume that normal
regulations don't apply; give us a call and we'll be happy to assist you and try to find a way for everyone
to have a positive, safe open space experience.
SS- ritton
L
General Manager
LCB/mcs
cc: MROSD Board of Directors
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771E NEW YORK 77Ma 77IESMY,,(dY. VHk*N N,1991,
ii Mr. Kumagai in Tokyo:
i
Please let BM* r Island
go backto nature,
a
'Bair Island can once again be a haven forwildlife or become more unsightly urban sprawl.Which will it be,Mr.Kumagai?"
Inter•v GuaR.a giant lapancsr o"'paov ..hood oould n,orc than doul`l, San Fr—,seo Ray %k,koo..that for—a.Mr.Kam r————————,
Kbeudquarined in Takao. rinuoh the fare of much needed h,hut a,adable,o the FoNer dry Ram Island a an msignel im dot among
Mr.KUMAGAI Taichuo
u„
Bair Island.the single larger potential addition ro cndang<red Cahfomia dapper rail -BAIfl ISLAND `our mane real evme Inddm�m the 'Komagao immo Gm,rrov.I Id war
'n thr odds for this shore I I S.arld anand the odd.Surely,...0 I
rbe San Francal I As blocked
natural a 1982 r fe cride Ned,l''g ,l:ukudo Oho
opmrm proposal ors blacked by a aqA:referrndum, Fird's longterm mnival. can let it gar 'Shig.k.Ku,lidro,b,.JAPAN '
v<t ahe island remain diked and drained.This open You and your e..pan y . N i one is asking for a donation.
Inn to campam chairman ijsmugai luichirn asks .mold he honored as ero,in- You will naive(air marks value(m f
mental heroes,instead of being ® the land. ' Pr a goad mq.omr ncighl.m and rcira„
him to Poore 8mi.island m the Buv's normal 'Pair Island lion"As,onrld..ade real esuu h,dd I
possum.Please..if the coupon,or the and of the viewed as a cold and distant ear edwood CAY Atfronon Pm Imnt imJomanr the sale.rill ,ry 11 xlli de.do Nc hods a,a lase
potation with no sense of the rereesent a critical and pncde's ComoIt ]I makr tin qa '
lam to join this historic eon,ennnon a tut,. • rncr.+a,u pill make join,aluablr nntnl.uuon
(� enni valor'so central bution m the National Wildlife Rcfug<
A N O P E N L E T TER to Americans and Japan,.alike. S%'stem and to the future of a 1—t it,r to the Can Franhwcn hour,
A be l 11111 iI
F,cn da%,Mr.Kumagai.hundreds of Japanese At a time.then relations endangered species. f Rdugc and m the fuwre nl Ihr armc.dle.rod.n,
-,ekr.Its met a suemmgh d—eted island on ben men Ameneans and Japanese li s now up Io you.Mr.Kumagai 'gored Cahl,mis dapper rail I
their final irpmach business are often sunned.the sale Plase begin good faith negotiations for ' '
i m Sao Francisco o old ceh het good l ith and pros that Kumagai Gumi the sale of Bait Island.m that It can serve as a ihn'mg .an
I,+tem,t nil Auport cin Fe a god:I)TITatc neeghl.m addition to the San Francisco[rancisco R.National Wildlife ' I
I suk do the% Rather than marling a sore—N-1 of failed ineco Refuge.%Vc hope to hear hom eo.soon. I '
kit o.I'hit the.r—, nuns and c,,rr A,tc selfishness m the coddle of San ,rvn a
of oaadand.vallcd Francesco Pay.arriving Japanese%isinms could point to ENCOURAGE MR.KUMAGAI'III TAKE A I '
off fmm the nourish, a lush natural marsh.a green ha,en amid the summand- SMALL STEP AND MAKE A TREMENDOUS
mgndcs was oncea ing urban srriod DIFFERENCE.
thromg marsh.here kS'c could all take genuine Pride in knm%ing that I
birds and other it I,a,a lip.—company that ammed this highh, CALIFORNIA
il.gde ILmushaS ""He piece olthe Roc I,,nature And helped a rare F.......................................
Nor dt,the and graceful shorebird to sun'n,e. NanaaN Sri lv Gxnty Gnu
knoo That a is a If.on the other hand.you keep Rnr Island drained 5-111 MA—' I CmzF-G—aii.r n,GvarsrO;in II I I.I I
and dn.ran may seal the fare of the cntically cmdan- A,rx 1N11 Sx-n.1 MAaoa
Japanese comlpan AI I'L41 N S,rn IY MI DIAN,a 451 T nnos«Ire I
Kumagai Came.` gored California daprcr rail.It is sulfenng from the AI sex—&—y NAPAISvnw. 'Pala Alm.CA 94toA
the is mspsms,bk bhis..anc, desappcanncc ofet=habitat annmd San Francesco R '.I N
Ray AIta Sonar(Ylmual 1411491'S540 '
A y.and xt,t N,Area gent rr lV ohim 85 percent of the.nlallds harc alrodr been Anomw Bx lie S:NI a C1 ARA
Kum g Co..,lap I rg t ntcm - I t het to dcvclormcn, At Ix sow Sxm n
i -4.NYxA ' �i C p•, I.I i k d „ '
n firm ll has Plans t build a resdenuallofficcl Restored the largest remaining segment uxent still NAn—v A ral G m 1111N.CAIII NIA 1 v.L.r✓'on rl. .oral hL d 6abnn '
hontcl c,mpis nuoh t the firm calls"South Shuns. unrmlected the area lou call South Shows will CricaNs cc—orris to Gwmrn Tta Iron-,t 'hr.;Mde.,nclad glhr rndmger d e li
Rut seem-conccm among local residents ran m„rc kaanc an imvinahle Fan—A Rim—'v.Cnr
I'd m rassage d i of—rdum m lqR 2 arshlamd rcn. SAN SIN I RAN, AA,A,9merev4 I I I've meldk ...o .. m Rlr kom.at:.�.
that blocked the dndopmmt. m Asa noo,ands,your comps JAPAN all mr h,,.slot 1<m I.clr.
ban..ethout the f ctce laoal oppose- nv Kumagai Gumi cannot build on non,of coupe construction on unstable Rah Island for compelling reasons. Fall Nos ox rutm r FARTII JAPAN ' I ond— d d bl<....1, n a I
'fG' s •A note,referendum.oared an 111—A Ro Cm INs AtauNra ins fv f 5 so., f,..,,of '
bav tad W' t - d suer. b'oo IJAcnaa RAv Geunnx4 I IMrnc m,4 shc.ks osrc wl\UIRAugs
lined u tiunmK k I p IggS black eonstmm— ISarnaARAYllaai RoosJUSl:AAOIGRIx4
should hate taught%IAIT compano-this -P.ilding' an i"ore quake mane JAPAN ASscar—I-war n Gtt_G PNrlterxrN ' I
le-m In rlecabh.haoI,—.m have on NY muds mIncs disaster; 11.1 E-11—N1ni I'RIIU A' 'Nnul I
rejected the many rn.alc and goremmem •Federal and state environmental JAPAN WI nnsa,s Aer.w Ratiwrwic
tad ofkn❑,buv Rnr Island at a negotiated regulation'forbid building-wct- Mtm SKas'R fh n Heim'Gomm(IMI—) '
fan market rrece. lands;and PANo,CI III Toxl-.A I
If co-agree u,sclL the,shod ooNld •Il,r land es bel—sea Iced and SANPAN�F—NO 'Lli;afss
be added to the San FnncIs:n It" prone to hens flooding. SAll Uaan s l'a,.N FIAIS Ac rL+r x.N ' '
National\1'ildhfc Rdugr it ornld be Pcrhaps lhn Warren of S—H111MAI linen ILIAIs A,-1—IN
resumed to its natural state and again Red.o.d Shores properties hasn't SAar I L+KAIA RAY SNAnmi AStxnam,N
MIA,some of ahe best marsh for-,Idl.k s c ess(ul1v communicated these SA.WAIIROT awl Rnr,Asoruiaxa �_
around the Ra%.For sample.the n<w. realties to sou. Wan ft—&—irn JAPAN — -
-
-——
Regional Open Sioce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 10, 1996
Mr. Jon Silver
355 Portola Road
Portola Valley, California 94028
Dear Mr. Silver:
The District's Board of Directors received a copy of your October 9 letter concerning hang
gliding and paragliding at Windy Hill Open Space Preserve prior to considering this matter at
their Regular Meeting last night. The Board voted 5 to 0 to expand the special use permit to
allow hang gliding and paragliding at the preserve on weekends on a one-year trial basis. 1
In behalf of the Board, I want to thank you for taking the time to relay your thoughts and
insights on this matter.
Sincerely,
L. Craig Britton
General Manager
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
I
Regional Open S. :e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
October 10, 1996
Gerald Meral, Executive Director
Planning and Conservation League
926 J Street
Sacramento, CA 95814
Dear Gerry:
I'm sure you share my disappointment that none of the parks bond measures proposed during the
last legislative session made it onto the ballot. The fact that one of them came very close may mark that
the tide is changing and the political climate may be improving for such measures. Clearly, much will be
revealed in the November election.
While I know your recent efforts have been spent primarily on SB 1280, I'd like to suggest that
PCL also explore the possibility of an initiative bond measure for the next state-wide ballot. A
brainstorm session hosted by PCL to bring together stakeholders from the various Bay Area parks and
open space agencies might result in a consensus on the most viable funding alternative, whether it's a
bond measure or some other mechanism. This would, in turn, bring all the interested parties together at
the outset of a possible project and promote early buy-in for the final proposal.
Please let me know if you think such a brainstorm session might be a valuable tool in helping
PCL to strategize and develop tactics for the upcoming legislative session. I'd be happy to support and
assist in such a meeting.
Sin re
L. Cr g Britton
General Manager
LCB/mcs
cc: Board of Directors, MROSD
John Woodbury, Bay Area Open Space Council
Ralph Heim Heim Noack Kell & S ahnn ;
p � Y� p
330 Distel Circle LosAI - - - _ E-mail:
Altos,CA 94022 1404 . Phone:415 691 1200 . FAX:415-691 0485 . E mrosd®n t m.e co com
Board Directors:it r o D s.Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko B Crowder,
Y Betsy C o der Wim de Wit
Y
Genera!Manager:L.Craig Britton
ional Open S. c
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
NMMORANDUM
October 14, 1996
TO: Board of Directors
FROM: Mike Foster, Controller
SUBJECT: Auditors Management Letter
i
Enclosed is a copy of the auditor's management letter for 1995-96. This was Grant Thornton's
first year as District auditors and the audit partner told us that the District's financial records
and system are in excellent shape. The auditors proposed no journal entries - very unusual for
a public agency according to Grant Thornton.
In the letter, Grant Thornton makes three recommendations. Staff agrees with the first and
third, but believes the second is fully covered under the current annual budget process.
1. Federal Programs - The auditors originally recommended that the District engage Grant
Thornton to perform a single audit, at a cost of$1,000, to document proper disposition
of Federal pass through monies. Staff polled other recipients of State land and water
grants and determined that virtually no agencies do these audits. In its final review,
Grant Thornton changed its recommendation, acknowledging that such an expenditure
would be wasteful and that there was no downside to not performing the single audit.
Incidently, in the first line of the auditor's recommendation (in italics), the word "stage"
should be "state".
2. Support Operations - The auditors had the impression that the total number of office staff
at the District headquarters is unusually large, relative to other public agencies of
"similar size". The auditors did not take the time to determine what functions are being
performed and learn that only a minority of the office staff is focused on general
administration of the District. Certainly, the Administration and Budget Committee of
the Board is already fully engaged, during the annual budget process, in evaluating the
cost and value of the office staff.
3. Accounting Functions - With the retirement of Marie McGough, Bunny Congdon has
become the District's full-time Accounting Specialist. The transition is going well and
Marie will be workingapproximately one day a month to ensure the District is read for
PP Y Y Y
its next audit and continues to provide excellent accounting information and services.
A We agree with the auditor's recommendations.
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail:mrosd@netcom.com Q
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw, David r.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Client Advisory Comments
March 31, 1996
Suiteo00
z50 Almaden Blvd.
San Jose,o^yuua
408e75-e000 �
FAX 40Nc7s-058u �
October 8. 18S8
� |
� =U ���
� Grant �^�,��=~°�"����
GRANT mnRNmwur kcountants and
Management Consultants
The U.S.Member Firm of
Grant Thornton International
Board of Directors
K8idpeninsu|o Regional Open Space District
In connection with our audit of the financial statements of the K8idpeninou|a Regional Open Space District
(the "District") as of March 31. 1996. we noted oado|n matters that we believe you should consider. Our
observations were formed as a by-product of our audit procedures, which did not include a comprehensive
review for the purpose of submitting detailed recommendations. The matters discussed herein are those
that we have noted as of June 14, 1996 and we have not updated our procedures regarding these matters
since that date bo the current date.
We have previously discussed our comments and suggestions with various District personnel and would
be pleased to discuss them further.
Very truly yours,
�
�
�
�
�
�
�
�
�
Midpeninsula Regional Open Space District
� CLIENT ADVISORY COMMENTS
� March ]1, f996
�
�
�
GENERAL IMPRESSIONS
�
In . � w� ��� `� � �� � � accounting �� � � ����in�� ���o| �
- - �
Open Space District (the "District"). We received all of our requested information in a timely manner and
District personnel were very helpful in answering any questions we had. Schedules and reconciliations
were prepared for uaus were all ofthe audit confirmations. VVe made no significant audit adiu��rnont� to �
^ �
the financial statements. We wish ho thank all District personnel who helped us in this process.
FEDERAL PROGRAMS �
�
The District, from time bztime, receives grants from state agencies which have been identified as state
revenue. We noted one instance where the receipt of moneys from o state grant was, in reality, fadano| �
�
moneys which were simply passed-through the state. Receipt ofsuch federal pass through funds could �
pobando||y subject the District to Federal Single Audit requirements.
N4e recommend that District personnel inquire ofthe applicablestage agency if the funding, when �
received, represents federal pass through moneys. Ne further recommend that District personnel
also inquire as to the District's responsibility for Single Audit Act reporting requirements whenever
such pmaa through moneys are identified. Such inquiries with ateby personnel should be
documented and retained/n the grant file for further reference. �
SUPPORT OPERATIONS �
�
During our audit, we noted no obvious areas where it appeared that District financial resources were being
used ina wasteful or inefficient manner. VVe also must point out that vva were not engaged bo conduct any
such specific review. Our experience has told us that it is prudent for a district such as yours to �
periodically review the functions of personnel within the administrative and support functions (as opposed
to the field operations), to assure that resources are being utilized in the most efficient manner.
� Ne recommend that the District appoint m committee, composed of District personnel, to review �
those functions with the focus being on effective and efficient ways of doing buo/neao, not
necessarily ooa��u���� /� beaedonbh/o/n�e/m*�mw( �b,dek*nn�edbha� �improvements� ' ��., �
made, the District may then wish bn expand this effort bn include outside professional assistance/n �
� both specifically identifying areas for improvement as well as developing oobmn plans to
� implement the improvements. �
�
Midpeninsula Regional Open Space District
CLIENT ADVISORY COMMENTS (continued)
March 31,1996
ACCOUNTING FUNCTIONS
A new individual is transitioning into the position of Accounting Specialist. It is important to recognize that
the new individual will need some assistance in the short run in order to make the transition a smooth one.
At September 30, 1996, the District prepares a mid year financial report. We recommend that the
new individual be made responsible for preparation of this report with as little outside assistance
as possible. It is quite likely there will be questions and maybe even some mistakes made initially.
We have found in our own practice that individuals learn by doing and the increased self
confidence that comes from the first time completion of a project is invaluable. We have told
District management that we will make ourselves available for consultation, without charge,
through this process to help answer questions etc., since we know it will make for a smoother
audit next year.