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HomeMy Public PortalAbout19970122 - Agendas Packet - Board of Directors (BOD) - 97-02 ice J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-02 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:00 P.M. 330 Distel Circle Wednesday Los Altos, California January 22, 1997 (7:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 7:00 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. Conference With Real Property Negotiator - Government Code Section 54956.8 A. Real Property: Santa Clara County Assessor's Parcel Number: 351-07- 010 and San Mateo County Assessor's Parcel Number: 080-272-020 Ne og> tiating Parties: Robert H. and Virginia B. McKim Under Negotiations: Instructions to negotiator will concern price and terms of payment. B. Real Property: Santa Cruz County Assessor's Parcel Number: 88-051- 32 Ne otg iating Parties: George Paul, et al. Under Negotiations: Instructions to negotiator will concern price and terms of payment. 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 SPECIAL ORDER OF DAY -- M. Davey Resolution Honoring Dianne McKenna ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey 330 Distel Circle Los Altos, CA 94022-1404 - Phone:415-691-1200 o FAX:415-691-0485 * E-mail: mrosdQnetcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 97-02 Page 2 *** APPROVAL OF MINUTES December 11, 1996 (Consent Item) December 18, 1996 (Consent Item) January 8, 1997 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:55) 1. Appointment of 1997 Board Committees - M. Davey (8:05) 2. District Appointments to the Midpeninsula Regional Open Space District Financing Authority Governing Board - M. Davey *** 3. Approval of Agreement for Legal Services with the Law Offices of Turner and Mulcare - S. Schectman *** 4. Denial of Claim for Property Damage Filed by Robert and Patricia Moshell - S. Schectman *** 5. Authorization to Contract with Callender Associates of San Mateo for $19,698 to Prepare Plans and Specifications for Public Access Improvements at Windy Hill Open Space Preserve - M. de Beauvieres *** 6. Adoption of Notice of Completion of Contract and Acceptance of Work Performed by Kal Construction for the Picchetti Ranch Homestead House Structural Restoration Project - M. de Beauvieres *** 7. Resolution Honoring Michael Weston as District Donor - M. Smith (8:15) 8. Tentative Adoption of Amendment to Rancho San Antonio Open space Preserve Use and Management Plan to Address Parking Issues at Rhus Ridge Road Parking Area and Determination that Proposed Actions are Categorically Exempt Under CEQA - J. McCullough *** 9. Authorization for Directors Cyr and Nitz to Attend 1997 Special District Board Management Institute at Projected Cost of$2,100 -- C. Britton (8:35) 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. Meeting 97-02 Page 3 ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion. Board members. the General Manager, and members of the public may request that an item be removed ,from the Consent Calendar during consideration of the Consent Calendar. Regional Open S- ce -----------------------—------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTIONNO. 97-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING DIA NNE McKENNA UPON HER DERA R TURE FROM THE SANTA CLARA COUNTYBoARD OFSUPERVISORS WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that.fortner Santa Clara County Supervisor Dianne McKenna has been one of the most effective leaders, sound policy- makers, and environmentally knowledgeable elected officials in Santa Clara County history: and WHEREAS, her twelve illustrious years on the Santa Clara County Board of Supervisors are marked by astute leadership in a variety of areas, including: transportation, as a key leader with the Congestion Management Agency, the Transit District Board, the Metropolitan Transportation Commission, the Peninsula Commute Service Joint Powers Board, and other regional transportation projects;youth advocacy, as a member of the Children's Shelter Board of Trustees, Kids in Common, and the Children and Youth Services Joint Conference Committee; and ethics, where she proposed the first comprehensive Code of Ethics for the Board of Supervisors; and WHEREAS, Dianne's faultless record in environmental and conservation issues is illustrated by her leadership in the General Plan Review Advisory Committee, her work as Chair of the Solid Waste Commission, her efforts in creation of the Santa Clara County Open Space Authority, and her assistance in creating the Midpeninsula Regional Open Space Financing Authority; and WHEREAS, Dianne has consistently been an avid and unwavering support&of the District and its open space preservation goals, assisting and supporting the District in issues such as funding for Deer Hollow Farm, advocating District grant applications, and facilitating joint County/District acquisition projects, as well as being the most dedicated morning jogger at Rancho San Antonio Open Space Preserve; and WHEREAS, after serving with great distinction for three terms, Dianne now steps down as a member of the Santa Clara County Board of Supervisors. Now, THEREFORE,BE ITREsoL vED that the Board of Directors of the Midpeninsula Regional Open Space District applauds, commends, and praises Dianne McKenna, thanks her for her years of service, and wishes her well in her future endeavors. Adopted by the Board of Directors January 22, 1997 .Regional c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-23 REGULAR MEETING BOARD OF DIRECTORS December 11, 1996 MINUTES I. ROLL CALL Vice President Mary Davey called the meeting to order at 7:31 p.m. Members Present: David Smernoff, Mary Davey, Betsy Crowder, Peter Siemens, Wim de Wit, and Teena Henshaw. N. Hanko arrived at 7:33 p.m. and chaired the meeting. Staff Present: Craig Britton, Jean Fiddes, Sue Schectman, Randy Anderson, Del Woods, John Escobar, Malcolm Smith, Mike Williams, Ryan Smith, and Deirdre Dolan. II. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, requested that Board members speak into their microphones and commented the El Camino Hospital has a very good amplification system in its Board room. III. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. T. Henshaw seconded the motion. The motion passed 7 to 0. IV. SPECIAL ORDER OF THE DAY J. Escobar introduced Ryan Smith, Equipment Mechanic Operator. Board members welcomed him. V. ADOPTION OF CONSENT CALENDAR C. Britton removed agenda item 7, Cancellation of December 25 Regular Meeting and Scheduling of December 18 Special Meeting. Motion: W. de Wit moved that the Board adopt the Consent Calendar, including the response to the written communication from Mr. Jobst Brandt, 351 Middlefield Rd., Palo Alto, CA 94301; minutes of the November 13 Regular Meeting; agenda item 5, Incorporation of Previously Adopted Revisions to the Personnel Policies and Procedures Manual for Office. Su rvisory, and Management Staff; agenda item 6, Authorization for General Manager to Execute Agreement with Nationwide Companies of Napa to Auction Surplus Vehicles: and Revised Claims 96-21. P. Siemens seconded the motion. The motion passed 7 to 0. 330 Distel Circle # Los Altos,CA 94022-1404 Phone:415-691-1200 • FAX:415-691-0485 E-mail: mrosd@netcom.com om e Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 96-23 Page 2 V. BOARD BUSINESS A. Agenda Item No. 1 - Legislative Briefing by Ralph Heim of Heim, Noack & Sly of Sacramento - (Report R-96-128) Mr. Heim discussed the outcome of November's election and the upcoming legislative session. He presented an overview of the issues worked on in 1996 and highlighted the following: • State budget - passed reasonably on time • 33 new legislators because of term limits • Constitutional Revision Commission - does not exist but there is a non-profit group which has been formed by some of the members • Park bond measure • New Senate Commission on Environmental Quality chaired by Byron Sher • Concern about current property tax formula (AB 8, ERAF and Special District Augmentation Funds) • Proposition 218 - working group to look at issues that need resolving; all implications need to be known • Feeling of bipartisanship among 33 new members • Welfare reform discussions could set the tone for the whole budget year • Term limit suit - should soon have life limit ruling No action was required by Board Members. B. Agenda Item No. 2 - Certification of Election Results of Ward 7 and Administration of Oath of Office for Directors Cyr (Ward 3). Smernoff(Ward 4) and Nitz (Ward 7) - (R=rt R-96-127) J. Fiddes announced the results of the election. Motion: P. Siemens moved that the Board determine and accept the certified election results from the Registrar of Voters for San Mateo County to be the final results of the Ward 7 election and declare Kenneth C. Nitz elected to the office of Director, Board of Directors, Midpeninsula Regional Open Space District, Ward 7, and authorize the secretary of the District to issue a certificate of election to Director Nitz. T. Henshaw seconded the motion. The motion passed 7 to 0. J. Fiddes administered the Oath of Office to Directors Cyr, Smernoff, and Nitz. The new Board Members will take office on the first Monday in January. C. Agenda Item No. 3 - Authorization to Refer Additional Dog Access at Windy Hill Qpen Space Preserve Back to Use and Management Committee for Additional Consideration - (Report R-96-130) R. Anderson presented the staff report. Meeting 96-23 Page 3 B. Crowder said Dr. Goudy had submitted a large amount of data. She said the concerns have bearing not only for Windy Hill but for future use and management plans where dogs might be a recommended use. She concurred with staffs recommendation. D. Smernoff asked staff to show where the springs are located. R. Anderson said he would be visiting the preserve to locate the springs and accepted a map from Dr. Goudy which showed some of them. W. de Wit said he had read the information and quoted from an article in the Hidden Villa Newsletter regarding a water survey. He said he thought that people who live near the preserve and drink untreated water may be acting irresponsibly. He referred to the letter from the Thurbers and suggested that the PADS people make a concerted effort, particularly at Windy Hill, to tell and show people that they must keep dogs on leash and pick up their droppings. Dr. George Goudy, 5070 Alpine Road, Portola Valley, said the water had been used domestic purposes for 70 years. He did not see why people should stop using it because people want to bring dogs on the trail and what residents do with the water is their business. He said he did not drink the water because he did not think it was a good idea, noting bringing in city water would be prohibitively expensive. He commented on the letters from the Wallaces and said people should make sure their arguments are presented in a scientific way. He said wild animals are a problem they have to put up with and suggested that the area be posted. Linda Cohen said there is a need for more trails for dogs and she thought a study would be fine. She had done some research and had found nothing regarding dog use that upset the environment. She said a lot of people want to use the trails in different ways and she hoped there can be fair and balanced management. John Carnes, 1755 La Honda Road #95, Woodside, a member of PADS, said his point was that either the residents are imprudent, drinking untested and untreated water, or they are already taking measures that would protect their families from contamination. In either case the dog access question is moot. He said the Use and Management Committee had unanimously recommended that the entire Windy Hill Preserve be opened to dog access and if the Board refers this issue back to Committee it will delay what has already been studied for three years. He listed the diseases that can potentially be spread from animals to humans and said that humans are a significant reservoir for potential disease transmission. He expressed concern about the development of evaluation criteria and said they were meeting with staff on this matter. B. Crowder noted that she had never voted in favor of having dogs on the trail at Windy Hill and never would. Ken Broome, 100 Rocky Creek Road, Woodside, said he believed that the risk of contamination from wildlife is far greater than from domestic animals. The subject Meeting 96-23 Page 4 has been studied at great length and he asked the Board to consider whether Dr. Goudy's information is sufficient justification to postpone a decision one more time. Melissa Menge, 193 Portola Road, Portola Valley, supported dog use and said it is obvious that some people do not like dogs, but she found it hard to believe that the majority feels that way. Walter Gill, 4662 Alpine Road, Portola Valley, said he runs at Windy Hill and other preserves. He had no strong objections to dogs if they are leashed and under control, but he sees very few dogs that are on leash. He said the issue is enforcement of existing ordinances and until the District has the resources to enforce existing ordinances it is ridiculous to consider more restrictions. Jim Cook, Portola Valley said it is the owner's responsibility to keep their dogs on leash and clean up after them. He said the issue is integrity which means saying what you mean and doing what you said, adding this is meant to be a trial period. Ann McCauley, 1809 Higdon, Mountain View, said she considers herself a responsible dog owner and hikes mostly in the East Bay because they allow more dog access. She said she sees more irresponsible dog owners here than in the East Bay and thinks it is because people follow laws they believe are reasonable. Motion: B. Crowder moved that the Board refer this issue back to the Use and Management Committee for consideration of recently submitted additional information. T. Henshaw seconded the motion. Discussion: T. Henshaw said her position had not changed and she hoped that the Board would affirm the position taken previously. B. Crowder said she wanted this referred back to Committee because of concerns with water contamination. She said they needed to know who uses the water from the preserve and she did not agree that the trail was suitable for dogs because of its narrowness. She stated that she is a dog lover, but there are seven other preserves open to dogs. Discussion followed regarding the length of time it would take for a thorough evaluation and scheduling of first and second readings of the use and management plan amendment. S. Schectman said if the plan were changed, there should be two readings. Following review, the Board can decide if the plan is identical, in which case they can waive the first reading. P. Siemens said he did not see the point of putting the decision off any longer. M. Davey said there had been time to evaluate Dr. Goudy's Meeting 96-23 Page 5 information and while she respected his position, she would not change her vote to open up the trail. She recommended that PADS work with the District to help make sure dog owners are in compliance with District ordinances. D. Smemoff agreed with M. Davey and said he did not think further staff and Board time should be taken on this issue. W. de Wit said they should proceed with the one-year trial period. N. Hanko said she was against opening Hamm's Gulch Trail and other trails because of concern about the impact of the opening of the parking lot. However, at this time the issue was delaying the decision. She expressed concern regarding the number of times it had been referred back to staff. She said she was impressed by the people who came forward with information about the impact of wildlife on the springs, but would support a second reading of the use and management plan. Vote. The motion failed on the following vote: Ayes: B. Crowder and P. Siemens Noes: T. Henshaw, D. Smernoff, N. Hanko, W. de Wit and M. Davey T. Henshaw said she saw no reason to delay the second reading and recommended having second reading as soon as possible so the trail can be opened and the trial period can begin. Motion: M. Davey moved that the Board have a meeting on December 18 and that this item be agendized as a second reading. T. Henshaw seconded the motion. Passed 7 to 0. There was a recess from 9:00 - 9:14 p.m. D. Agenda Item No. 4 - Review of Public Notification Procedures Relative to Agguisition and Removal of the Barn Structure at Sierra Azul (Jaen Space Preserve and Notice of Contract Completion for the Structures and Debris Removal Project at Sierra Azul Open Space Preserve - (Report R-96-129) D. Woods presented the staff report and said this is a good time to look at the public notification and planning process policies regarding improvement. C. Britton stated there were a number of staff involved in the process and the structure was located outside the historical district. N. Hanko asked that staff be available to meet with the appropriate committees to make sure language is included that will take care of this type of problem in the future. Meeting 96-23 Page 6 N. Hanko said she would like to contact the county planning department for help in developing a better inventory. Also, the notification policy should include neighbors who often know about the historic significance of structures. She said suggestions contained in the O'Day's letter should also be considered by the committee. C. Britton commented that typically on a historic inventory they would not pick up a barn like this but would tend to look for more important structures. Therefore, part of the process should be to look for a way to refer a structure that is thought to have some significance to the historical society to comment on as part of the District's process. D. Woods added that the District's policies for improvements on District lands would have a policy that asks staff to contact organizations such as the historical society in order to do research on structures like this. T. Henshaw said she was saddened because of the barn being destroyed, but was pleased with staff s response in not trying to duck the issue and make excuses. Motion: P. Siemens moved that the Board refer the review of Public Notification Procedures to the Legislative, Finance and Public Affairs Committee and the Planning Policies Relative to the Acquisition and Disposition of Structures on District Lands to the Acquisition and Enterprise Committee, and approve the Notice of Completion of Contract and Acceptance of Work on the Structures and Debris Removal Project and authorize the President of Board of Directors to sign the acceptance in behalf of the District. D. Smernoff seconded the motion. Discussion: H. Haeussler said he was sorry the barn had been torn down, but it could have become a safety problem. He suggested that the District purchase an instrument to indicate the position of property lines. Kaydene O'Day, 23960 Alamitos Road, San Jose, had a picture of the structure. She thanked the Board for meeting so quickly on this. She said she is an amateur photographer and the barn had been photographed and painted a lot. She said it seemed that the policy was only to preserve structures that were income producing or already recognized by the historical society. Some of the redwood could have been recycled instead of going to the dump. She said the destruction of the building caught people off guard and she hoped the District would reconsider their policy to include scenic buildings even if they are not recognized as historic. Ms. O'Day gave the picture to the District. Daniel O'Day, 23960 Alamitos Road, San Jose, said the District had received some negative public relations following their bringing this matter to the public eye. He said he thought the District viewed the Meeting 96-23 Page 7 barn as a liability and wanted to get rid of it as quickly and quietly as possible. He said staff is not qualified to make a determination on whether a building should come down. He also stated that the permit was incorrect and he thought staff deceived the Board by calling it an illegal shed. He supported staffs suggestion regarding expanding public notice and suggested modification of the wording to include notification of surrounding property owners, not just adjacent property owners. He also suggested that when the District acquires property, they send a letter of introduction to surrounding and pertinent property owners because they can learn a lot from the neighbors about archaeological sites, hazardous materials, soil characteristics, presence of natural springs, structures, among other things. Mr. O'Day said he would be willing to come to Board meetings where the new language is discussed and said he had no suggestions regarding specific places the Board should be paying attention to. Patrick Congdon, District employee, said he was initially embarrassed by what had happened but after talking to staff he felt better about it. He addressed the Board on: 1. Leaving structures as they are and allowing them to deteriorate from age. 2. Leaving structures because they are habitat. 3. Regarding the issue of inventorying sites, they are finding that research that has been done by local universities was not as conclusive as it should have been. The District should do site surveys and consult neighbors and past landowners regarding the significance of the structure to the community. The motion passed 7 to 0. E. Agenda Item No. 7 - Cancellation of December 25 Regular Meeting and Scheduling of December 18 Special Meeting=(Report R-96-124) C. Britton recommended that the Board cancel the December 25 meeting and stated that a meeting had been scheduled for December 18 earlier in this meeting. Motion: N. Hanko moved that the Board cancel their December 25 Regular Meeting and schedule a Special Meeting for Wednesday, December 18, beginning at 7:00 p.m. D. Smernoff seconded the motion. The motion passed 7 to 0. VIE[. INFORMATIONAL REPORTS B. Crowder reported that she, M. Davey, and D. Smernoff had attended the Rhus Ridge neighbors meeting last week. She thought J. McCullough's presentation regarding alternatives for the parking lot had addressed residents' concerns. B. Crowder said that the San Mateo County Alternative Funding Committee is looking for more tax-based support for parks and is trying to form an association similar to the National Parks Foundation. They will be asking for support from San Mateo County's supervisors to Meeting 96-23 Page 8 kick off this group. P. Siemens said he and other Board members had attended Tony Look's reception. He suggested notifying the Santa Clara County Open Space Authority about the notification policy change discussed at this meeting. M. Davey complimented D. Woods and J. McCullough for the staff work at the Rhus Ridge meeting and said she agreed that the neighbors are pleased with the progress made. They will petition the Town of Los Altos Hills regarding sheriff patrol on the road. She said she had also attended Tony Look's reception. D. Smernoff said an agreement had been signed regarding destruction of structures at Arastradero Preserve, including a barn; there will be time to remove valuable materials. He said the barn had been sealed for a long time and there may be an opportunity to dismantle and rebuild it. C. Britton reported on: 1. Articles regarding POST acquisition of the 564-acre Gilchrist ranch which is in the District's Sphere of Influence adjacent to the Russian Orthodox Church site; 2. Peninsula Conservation League meeting - bill for bond measure for parks and recreation for $495 million; 3. Open Space Council meeting at which twenty agencies were represented; the result was to talk to the Coastal Conservancy about expanding their purview to include the Ridge Trail and connections to the coast and Bay Trail; and 4. B. Crowder and M. Davey attended some of Art O'Neal's influencing skills sessions; he announced three sessions in January on the loth, 17th and 24th, 8:30 a.m.-4:30 p.m. and invited Board members to attend. M. Davey commented on the sessions, saying they are excellent and had provided an additional benefit of getting to know staff. C. Britton reported that he had attended two year-end celebrations for outdoor education leaders. He invited Board members to visit the Nature Center to see the progress that has been made. He also reported that staff had met with the Compton Foundation which has promised a donation. He said that volunteers staff the Center on Sundays and are hoping to expand to Saturdays. He said Joyce Nicholas attended both events. C. Britton announced the Presidents and Board Members Special District Institute February 20-22, and mentioned that it would be appropriate for the new Board members to attend. VIII. ADJOURNMENT The meeting was adjourned at 10:07 p.m. Roberta Wolfe Recording Secretary Claims No. 96-21 Meeting 96-25 Date: Dec. 11, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1219 275.00 Aaron's Septic Tank Service Sanitation Services 1220 444.82 Acme & Sons Sanitation Sanitation Services 1221 31,700.48 Anderson Pacific Engineering Construction, Inc. Weeks Road Repairs 1222 166.71 A-1 Sanitation Sanitation Services 1223 26.93 Arne' Sign & Decal Co., Inc. Signs 1224 131.36 Artech Laminating Laminating Sheets 1225 25.19 A T & T Telephone Services 1226 287-05 Beck's Shoes, Inc. Uniform Boots 1227 201.00 Bill's Towing & Recovery Towing Services 1228 54.45 Black Mountain Spring Water Water Service 1229 180.00 Blanning & Baker Associates, Inc. Subscription 1230 15,862.67 Brian Kangas Foulk Engineering Services--Teague Hill 1231 217.52 California Water Service Company Water Service 1232 115.00 California Park & Recreation Society Recruitment Advertisement 1233 730.90 Callandar Associates Architectural Services--Windy Hill Parking 1234 110.00 Camino Medical Group Medical Services 1235 1,816.25 Sheryl Cochran Consulting Services--Thysen Acquisition 1236 467.72 Annette Coleman Reimbursement--Field Supplies 1237 1,375.00 Concern:EAP Organizational Development Services 1238 45.00 Patrick Congdon Reimbursement--Seminar Registration 1239 802.74 Contemporary Engraving Name Badges and Plates 1240 50.60 *1 Country Inn Motel Training Instructor Lodging 1241 128.15 Craftsman Printing Poster Printing 1242 760.00 Alice Cummings Consulting Services--Grant Application 1243 1,250.00 Dana Property Analysis Property Appraisal Services 1244 1,759.00 Empire Equipment Co. Dozer Rental. 1245 345.00 Enshallah Consulting Services--Teague Hill 1246 86.55 John Escobar Reimbursement--Conference Expense 1247 288.77 The Feed Barn Gates 1248 96.82 Jean Fiddes Reimbursement--Business Meeting 1249 53.10 Film To Frame Film, Slides and Developing 1250 99.08 Foster Brothers Security Systems, Inc. Keys 1251 49.29 G & K Services Shop Towel Service 1252 9,986.30 Gateway 2000 Computers 1253 1,673.85 Goodyear Auto Service Center Vehicle Tires 1254 58.08 GTE Mobilnet Cellular Phone Service 1255 29.09 W.W. Grainger, Inc. Safety Signs 1256 90.00 •2 Headley Office Services Temporary Secretary Services 1257 7,831.41 House of Printing Winter Newsletter Printing 1258 39.98 Hyster Sales Company Vehicle Parts 1259 838.24 HNIC Architectural Services--Rancho Shop 1260 289.17 Honda Peninsula Honda Toter Repair and Parts 1261 52.00 Jodi Isaacs Reimbursement--Membership Dues *1 Urgent Check Issued Dec. 3, 1996 *2 Urgent Check Issued Nov. 25, 1996 Page 1 Claims No. 96-21 Meeting 96-25 Date: Dec. 11, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1262 36.87 Island Press Resource Document 1263 1 81 .44 Jobs Available Inc. Recruitment Advertisement 1264 18.04 Dennis Kobza & Associates, Inc. Architectural Services--Skyline Office 1265 652.72 *3 Lanier Worldwide, Inc. Copier Maintenance Service 1266 47.12 Judy Law Vehicle Expense 1267 221.87 Los Altos Garbage Dumpster Rental 1268 207.04 Lucent Technologies A T & T Maintenance Service 1269 580.75 Town of Los Gatos Construction Management Services-- Skyline Field Office 1270 1,934.85 Merwin A. Mace Acquisition Consulting Services 1271 2,29:1.6-a MetroMobileCommunications Radio Repair, Parts and Installation 2,338.61 1272 1,400.00 Dr. Samuel M. McGinnis Biological Consultant--Lobitos Creek 1273 196.43 Moffet Supply Company Light Bulbs 1274 125.54 Mountain View Garden Center Sand 1275 200.00 National Safety Council Membership Dues 1276 39.00 Netcom Internet Service 1277 58.85 Northern Energy Propane Service 1278 ems-9.;?5- Pacific Bell Telephone Service 1,356.93 1279 2,264.55 Page & Turnbull Picchetti Winery Seismic Evaluation 1280 20.50 Loro Paterson Reimbursement--Field Supplies 1281 821.65 PIP Printing Printing Services 1282 10.24 Pitney Bowes Inc. Postage Machine Reset Charge 1283 69.04 Powermatic Equipment Parts 1284 675.16 OSP Printing Newsletter Inserts 1285 4 ;?:?E).0 2- R & R Designers Enterprise Rental Repairs 2,166.13 1286 3.86 Rancho Ace Hardware Equipment Part 1287 5.00 Rancho Cobbler & Cleaners Repair Parts 1288 47.22 Rich's Tire Service Tire Repair 1289 2,304.19 Roy's Repair Service Vehicle Repair Services 1290 2,639.50 Jane Saltman Planning Consultant--Parking Lot Studies 1291 42.22 San Mateo County Times Subscription 1292 222.22 Shell Oil Fuel 1293 89i.24- Signs Of The Times Trail Signs 1,150.23 1294 138.65 Skyline County Water District Water Service 1295 61.27 Cheryl Solomon Reimbursement--Volunteer Supplies 1296 6,000.00 Summit Springs Design Thysen Trail Construction 1297 131.46 Summit Uniforms Uniform Expense 1298 574.35 Therma Corp. Air Conditioning and Heating Service 1299 39,000.00 Mike Tobar Excavation Sierra Azul Debris Removal 1300 108.86 TransCom Corporation Vehicle Part 1301 2,001.50 United States Postmaster Postage *3 Urgent Check Issued Dec. 5, 1996 Page 2 Claims No. 96-21 Meeting 96-25 Date: Dec. 11, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1302 43.45 Venture Publishing Resource Document 1303 88.97 Doug Vu Vehicle Expense 1304 212.63 WAC Corporation Aerial Maps 1305 193.95 West Coast Rebar Rebar 1306 131.75 Michael Williams Vehicle Expense 1307 300.00 Roberta Wolfe Recording Services 1308 900.00 Town of Woodside Geology Deposit--Schilling Lake Spillway 1309 309.79 The Workingman's Emporium Uniforms 1310 33.17 Lisa Zadek Vehicle Expense 1311 752.50 Zumwalt Engineering Group Engineering Consulting Services-- Weeks Road Reconstruction 1312R 75.02 Randy Anderson Vehicle Expense 1313R 24,623.14 Kal Construction Construction Services--Homestead House 1314R 412.50 Rod Hunt's Bachhoe Service Winterization Work--Teague Hill 1315R 3,625.97 Design Concepts Business Cards, Brochures & Newsletter 1316R 97.00 *4 Virginia Fowkes Hotel Accommodation--Telephone Lines Damaged During Construction-Doctor 1317R 1,554.28 Gardenland Power Equipment Field Supplies 1318R 1,264.03 Orchard Supply Hardware Field Supplies 1319R 57.00 *5 Pontillo's Pizza Volunteer Recognition Event Dinner 1320R 18.74 Precision Engravers Name Tag Engraving 1321 R 218.46 Repo Depo Office Supplies 1322R 74.96 Unocal Fuel 1323R 1,081.73 Petty Cash Vehicle Expense, Business Meetings, Volunteer Supplies, Office Supplies, UPS Postage, Resource Documents Keys and Field Supplies 44 Urgent Check Issued December 6, 1996. *5 Urgent Check Issued December 10, 1996. Total 187,013.17 Page 3 Regionale ," ice 14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-26 SPECIAL MEETING BOARD OF DIRECTORS December 18, 1996 MINUTES I. ROLL CALL President Nonette Hanko called the Special Meeting to order at 7:30 P.M. Members Present: Pete Siemens, Mary Davey, Teena Henshaw, David Smernoff, Nonette Hanko, Betsy Crowder, and Wim de Wit. Personnel Present: Craig Britton, Sue Schectman, Malcolm Smith, Randy Anderson and Kathleen Hart. II. ORAL COMMUNICATIONS Robert Wallace, 12881 Foothill Lane, Saratoga, stated he is on the Trails Policy Committee for Almaden Quicksilver County Park. The committee has agreed to open all trails (mostly old mining roads) to all user groups, including dogs on leash. There is one narrower trail open only to hikers and dogs. Later they will open another trail to dogs on leash, horses, bikers and hikers. This trail will come out on Ward Road which connects to the Open Space District. There will be a parking lot and staging area built that can be used by both parks. Mr. Wallace stated he would like to see that area kept open to dogs, and is giving the Board this trails update in case it comes up for policy discussion. Director Crowder said that Wim de Wit and Teena Henshaw were attending their last Board meeting. She discussed their work on the Board and presented each with District memorabilia gifts in appreciation of their work. III. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR B. Crowder requested that the claims be removed from the consent calendar. Motion: T. Henshaw moved to adopt the Consent Calendar, including the response to Written Communication from Mr. Mark G. Blaszczyk, 7453 Kingsbury Place, Cupertino. P. Siemens seconded the motion. The motion passed 7 to 0. 330 Distel Circle # Los Altos, CA 94022-1404 b Phone:415-691-1 200 * FAX: 4'15-691-0485 - E-mail: mros( rie'tcom.com e Board of Directors Pate Siemens,Mary C.Davey,Teena Henshaw,David T.Srnernoff,Nonette Hanko,Betsy Crowder,Wini de Wit 6'eneral Manager:L.Craig Britton Meeting 96-24 Page 2 V. BOARD BUSINESS A. Agenda Item No. 1 - Final Adoption of Use and Management Plan Amendment for Windy Hill Open Space Preserve to Open Hamm's Gulch Trail and a Portion of Lost Trail to Dogs on Leash for a One-Year Trial Period and Recommendation on Monitoring of Doi; Use at the Preserve (Report R-96-132) Randy Anderson reviewed the staff report. Discussion focused on how the monitoring program would work and the necessity to install signage. D. Smernoff said he plans to support access now, but if compliance is poor during the year he would be very hesitant to continue dog access. B. Crowder said Dr. Goudy called, reporting that the law says the owner of an upper area of a watershed is responsible for contamination of the lower area and that the contamination of riparian streams is illegal. She said that on Saturday, while doing volunteer work,on Hamms Gulch Trail, she saw two unleashed dogs. S. Schectman commented that there is not a sufficient connection between where the trail is and where the springs are, and that staff concludes this use will not result in the contamination of the water system, as covered in the report. M. Davey reviewed the staff report on the location of springs and the trails, showing that the proposed access changes do not have the potential to significantly impact the water supply. Dr. Tom Okarma, 1651 Portola Ave., Palo Alto, expressed his opposition to the opening of Hamms Gulch, reiterating the residents concern that dog access would adversely affect the water quality of the neighbors, adding that the public health impact of dogs on Hamms Gulch and adjoining open space is also a broader issue because they are watershed lands which drain into Searsville Lake, used for irrigation and backup water supply. He said the proposal runs counter to existing policies, procedures, and codes which protect the public's health and wildlife environments. John Carnes, PADS, 2755 La Honda Rd. #95, Woodside, said PADS is in agreement with the procedure the District has identified to proceed with the one year evaluation period, adding that PADS is looking forward to working with the District on the evaluation procedures and on education of users. Dr. Noel Thompson, 1131 Westfield Dr., Menlo Park, expressed his disappointment that more areas had not been opened to dogs off-leash in this area. Linda Cohen, 935 Scott St., Palo Alto, spoke in favor of more access for dogs. Motion: W. de Wit moved that the Board amend the Use and Management Plan for Windy Hill Open Space Preserve to: 1. Open Hamm's Gulch Trail and a portion of Lost Trail to dogs on leash for a one-year trial period, with a delay of opening for one month to allow staff time to do a preliminary evaluation and install signage. Meeting 96-24 Page 3 2. Actively encourage compliance with District ordinances by installing clear signage and by having the volunteer coordinator work with the dog owner group, Peninsula Access for Dogs (PADS), to facilitate the presence of volunteers on the preserves who promote responsible dog use. 3. Direct staff to take measures to assess the impact of dog use on the preserves using methods outlined in board report R-96-132; give an interim report to the board after approximately six months. 4. Direct the Use and Management Committee to reassess dog access on these trails after approximately one year. T. Henshaw seconded the motion. Motion to Amend: B. Crowder moved to amend recommendation 2 to read: 2. Actively encourage compliance with District ordinances by installing clear signage and by having the volunteer coordinator organize the presence of volunteers to monitor compliance with leash law and dog feces removal. Encourage the volunteer coordinator to work with dog owner group, Peninsula Access for Dogs (PADS), to educate dog owners on responsible use of the preserves. P. Siemens seconded the motion to amend. The motion to amend passed 7 to 0. The motion as amended passed on the following vote: Ayes: N. Hanko, P. Siemens, T. Henshaw, M. Davey, D. Smernoff, and W. de Wit No: B. Crowder C. Britton clarified that the six-month report would be an informational report to the Board, not a formal agenda item. N. Hanko clarified the opening would be expected about February 1. B. Agenda Item No. 2 - Annual R�Wrt on Dedication Status of District Lands and Proposed Dedication of 414.57 Acres of Land as Public Oren Space at Long Ridge and Sierra Azul Open Space Preserves (Report R-96-131) C. Britton said the District owns 41,249 acres of lands in fee, easements, and leases. He reviewed the areas to be dedicated as public open space within Long Ridge and Sierra Azul Open Space Preserves, bringing the total of dedicated District land to 27,672 acres, 70.18% of all District lands. Motion: W. de Wit moved that the Board adopt Resolution 96-45, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Dedicating Meeting 96-24 Page 4 Interests in Certain District Lands for Public Open Space Purposes. T. Henshaw seconded the motion. The motion passed 7 to 0. VI. REVISED CLAIMS B. Crowder questioned item 1335, asking where the weed abatement took place. J. Escobar said the payment was for removal of acacia and other exotics at Pulgas Ridge Open Space Preserve. She asked where Heather Heights Road Association mentioned in item 1342 is located. C. Britton replied it is at Saratoga Gap. Motion: B. Crowder moved approval of the Revised Claims. P. Siemens seconded the motion. The motion passed 7 to 0. VII. INFORMATIONAL REPORTS B. Crowder reported that she, M. Davey, and D. Smernoff attended a Bay Area Action meeting held at Thornewood Open Space Preserve to discuss the Arastradero preserve. She said Jim Stienmetz and helpers have been doing a splendid job of restoring Thornewood to a livable condition. D. Smernoff reported that the Arastradero project is coming along and that they have secured the dismantling agreement with the City of Palo Alto and will continue to work on the stewardship proposal. M. Davey complemented the staff on the communications seminars held the last three weeks, saying it was a valuable service to the District. She also expressed appreciation for the Board field trip held along Skyline Boulevard, saying it was both scenic and instructive. M. Davey attended the Bay Area Ridge Trail Council last week. She reported that they, like most nonprofit agencies, are losing their government funding. They have cut their staff by half, cut services, and moved their offices. They are looking for support from organizations to which they belong. M. Davey requests that the Board consider a substantial contribution through an agency membership, because of the service the Ridge Trail Council provides to our two-county area. W. de Wit said that he had many pleasant lessons from the Open Space District. He enjoyed being a Board member for four years and is glad about the environmental education program that has come about with the aid of Cheryl Solomon and Carleen Bruins. T. Henshaw said she is leaving with mixed feelings, but any organization thrives on new blood. She said she will follow from afar some of the issues coming up and thanked everyone. N. Hanko said Directors de Wit and Henshaw would be missed, and then introduced and welcomed Ken Nitz, the new Director from Ward 7. Meeting 96-24 Page 5 C. Britton reported that he met with Judith Steiner of Hidden Villa regarding alternative public parking and other issues. He said he will attend a meeting at the Coastal Conservancy on December 19, to discuss the possibility of having them widen their purview to include the Ridge Trail. C. Britton introduced D. Woods who showed some slides of the new trail out to Bald Knob on the former Thysen property, next to Purisima Open Space Preserve. D. Wood said the mile and one-half trail cost $20,000, took about 2,000 hours of staff time and took over a year to build, due to the challenges and obstacles that had to be overcome. VIII. ADJOURNMENT The meeting was adjourned at 8:45 P.M. Kathleen Hart Recording Secretary What DOES happen with those volunteer logs you send in? Not only are your informational contacts with visitors a valuable part of your patrol, the information you send back to the District also serves several important functions. 1) A copy of any log reporting trail conditions that need attention (tree down, slide... ,ets sent immediately to the appropriate field office. 2) Your volunteer hours get recorded. 3) Any of your observations on violations are entered into the "Trail Use Database" (on Access). Several different types of useful reports can then be generated; samples are attached. A. A 1995 summary of violations reported by VTP, divided by patrol type. This provides part of the picture when we try to gauge compliance with various ordinances. B. Report by violation - another compliance check. Note: umber column is number of violators and report column indicates type o report (C = citation, W warning notice, VL = volunteer log). \1 C. A February 1996 monthly report by violation -- can elp identify particular areas where problems occur. D. Violations by preserve for Febru 1996. Thes reports help indicate how to best utilize staff resources. E. A report over time for a particular preserve. lanners use this information to develop trail plans. The Trail Use Guidelin s ribe the need for monitoring trail use conflicts to assist in evaluating c * ting pl and in developing new plans. The information is also used to r spond to in iries from the public, other agencies, and the press. Claims No. 96-22 Meeting 96-26 4 Date: Dec. 18, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1324 375.00 Aaron's Septic Tank Service Sanitation Services 1325 219.82 Acme & Sons Sanitation Sanitation Services 1326 659.68 ADT Security Systems Security System Installation 1327 166.71 A-1 Sanitation Sanitation Services 1328 23.48 A T & T Telephone Service 1329 30.00 Best Internet Communications, Inc. Monthly Internet Service 1330 150.00 Bill's Towing & Recovery Towing Services 1331 802.72 Bowerman Electric Electrical Repairs--Main Office 1332 108.08 California Water Service Company Water Service 1333 92.63 Carter Industries Vehicle Part 1334 86.04 Clark's Auto Parts/Machine Shop Vehicle Parts 1335 5,042.50 Community Action Board, Inc./NREP Natural Resources and Employment Program Crew--Weed Abatement 1336 5,450.82 William Cotton and Associates Geotechnical Engineering Services-- Teague Hill Surplus Parcels 1337 119.00 Council on Education in Management Subscription 1338 200.00 Divine Catering Volunteer Recognition Event Catering 1339 115.98 Gilroy Motorcycle Center Motor Oil and Resource Documents 1340 55.81 Goodco Press Timecard Printing 1341 63.23 GTE Mobilnet Cellular Phone Service 1342 1,800.00 *1 Heather Heights Road Association Road Repair Dues 1343 669.12 Jeda Publications Brochure Printing 1344 9,817.19 Tamara Kan Invasive Exotic Plant Survey 1345 250.00 Lanier Worldwide, Inc. Copier Maintenance Agreement 1346 927.30 Los Altos Garbage Company Dumpster Rental 1347 180.00 Town of Los Gatos Construction Management Services-- Skyline Field Office 1348 897.80 Merwin A. Mace Acquisition Consulting 1349 262.91 McGrath RentCorp Skyline Office Rental 1350 120.00 MetroMobileCommunications Radio Repair 1351 297.93 Minton's Lumber & Supply Field Supplies 1352 2,932.01 Mission Valley Ford Truck Sales, Inc. Vehicle Repairs 1353 252.73 National Glass of Sunnyvale Vehicle Windshield 1354 1,432.26 Page & Turnbull Picchetti Ranch Stabilization Project 1355 284.52 Peninsula Blueprint, Inc. Bluelines, Maps and Photo Reproducti, 1356 34.13 Rayne Water Conditioning Water Service 1357 84.05 Reed & Graham Road Repair Materials 1358 16.00 Rich's Tire Service Tire Balancing 1359 188.56 Russ Interprises, Inc. Field Supplies 1360 204.94 R. V. Cloud/Co. Pipe 1361 76.75 Safety Kleen Service Solvent Tank Service 1362 257.85 Malcolm Smith Reimbursement--Business Meeting 1363 18.00 ;2 Sonoma County Health Department Tick Testing 1364 8.62 Summit Uniforms Uniform Expense "1 Urgent Check Issued December 11, 1996. '2 Urgent Check Issued December 13, 1996. Page 1 Claims No. 96-22 Meeting 96-26 Date:-Dec. 18, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1365 1,056.49 Teater & Etc. Sign Graphics and Maps 1366 207.58 TransCorn Corporation Vehicle Light Bar Repair 1367 14.76 University Art Drafting Supplies 1368 250.00 H. L. Wenrick Water System Consulting Service 1369 779.56 Bob Weyant & Associates Training Class Resource Documents 1370 184.66 The Workingman's Emporium Uniforms 1371 24.41 Yardbird Equipment Sales Equipment Parts 1372R 130.00 Econo Page Pager and Service Contract 1373R 293.76 Jean Fiddes Reimbursement--Staff Holiday Event 1374R 45.00 John Kowaleski Reimbursdment--Pesticide License 1375R 441.78 *3 Circuit City Enterprise Rental-Appliance •3 Urgent Check Issued December 17, 1996 Total 38,202.17 Page 2 Claims No. 96-22 Meeting 96-26 Date: Dec. 18, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1324 375.00 Aaron's Septic Tank Service Sanitation Services 1325 219.82 Acme & Sons Sanitation Sanitation Services 1326 659.68 ADT Security Systems Security System Installation 1327 166.71 A-1 Sanitation Sanitation Services 1328 23.48 A T & T Telephone Service 1329 30.00 Best Internet Communications, Inc. Monthly Internet Service 1330 150.00 Bill's Towing & Recovery Towing Services 1331 802.72 Bowerman Electric Electrical Repairs--Main Office 1332 108.08 California Water Service Company Water Service 1333 92.63 Carter Industries Vehicle Part 1334 86.04 Clark's Auto Parts/Machine Shop Vehicle Parts 1335 5,042.50 Community Action Board, Inc./NREP Natural Resources and Employment Program Crew--Weed Abatement 1336 5,450.82 William Cotton and Associates Geotechnical Engineering Services-- Teague Hill Surplus Parcels 1337 119.00 Council on Education in Management Subscription 1338 200.00 Divine Catering Volunteer Recognition Event Catering 1339 115.98 Gilroy Motorcycle Center Motor Oil and Resource Documents 1340 55.81 Goodco Press Timecard Printing 1341 63.23 GTE Mobilnet Cellular Phone Service 1342 1,800.00 *1 Heather Heights Road Association Road Repair Dues 1343 669.12 Jeda Publications Brochure Printing 1344 9,817.19 Tamara Kan Invasive Exotic Plant Survey 1345 250.00 Lanier Worldwide, Inc. Copier Maintenance Agreement 1346 927.30 Los Altos Garbage Company Dumpster Rental 1347 180.00 Town of Los Gatos Construction Management Services-- Skyline Field Office 1348 897.80 Merwin A. Mace Acquisition Consulting 1349 262.91 McGrath RentCorp Skyline Office Rental 1350 120.00 Metro MobileCommunications Radio Repair 1351 297.93 Minton's Lumber & Supply Field Supplies 1352 2,932.01 Mission Valley Ford Truck Sales, Inc. Vehicle Repairs 1353 252.73 National Glass of Sunnyvale Vehicle Windshield 1354 1,432.26 Page & Turnbull Picchetti Ranch Stabilization Project 1355 284.52 Peninsula Blueprint, Inc. Bluelines, Maps and Photo Reproduction 1356 34.13 Rayne Water Conditioning Water Service 1357 84.05 Reed & Graham Road Repair Materials 1358 16.00 Rich's Tire Service Tire Balancing 1359 188.56 Russ Interprises, Inc. Field Supplies 1360 204.94 R. V. Cloud/Co. Pipe 1361 76.75 Safety Kleen Service Solvent Tank Service 1362 257.85 Malcolm Smith Reimbursement--Business Meeting 1363 18.00 *2 Sonoma County Health Department Tick Testing 1364 8.62 Summit Uniforms Uniform Expense *1 Urgent Check Issued December 11, 1996. *2 Urgent Check Issued December 13, 1996. Page 1 Claims No. 96-22 Meeting 96-26 Date: Dec. 18, 1996 Revised MIDPENINSUL-A REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1365 1,056.49 Teater & Etc. Sign Graphics and Maps 1366 207.58 TransCom Corporation Vehicle Light Bar Repair 1367 14.76 University Art Drafting Supplies 1368 250.00 H. L. Wenrick Water System Consulting Service 1369 779.56 Bob WeVant & Associates Training Class Resource Documents 1370 184.66 The Workingman's Emporium Uniforms 1371 24.41 Yardbird Equipment Sales Equipment Parts 1372R 130.00 Econo Page Pager and Service Contract 1373R 293.76 Jean Fiddes Reimbursement--Staff Holiday Event 1374R 45.00 John Kowaleski Reimbursement--Pesticide License 1375R 441.78 *3 Circuit City Enterprise Rental Appliance *3 Urgent Check Issued December 17, 1996 Total 38,202.17 Page 2 Regional ce m i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-01 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS January 8, 1997 I. ROLL CALL President Nonette Hanko called the Special Meeting to order at 7:02 p.m. Members Present: Pete Siemens, Mary Davey, Jed Cyr, David Smernoff, Nonette Hanko, and Ken Nitz Members Absent: Betsy Crowder Personnel Present: Craig Britton, Sue Schectman, Jean Fiddes, John Escobar, and Mike Williams. II. CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:02 p.m. and the closed Session commenced at 7:05 p.m. The Board concluded the Closed Session at 7:35 p.m. and N. Hanko called the Regular Meeting to order at 7:40 p.m. Additional Personnel Present: Malcolm Smith. III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, expressed three concerns: 1. How the District is performing on their commitment to the public, including Windy Hill and Mt. Umunhum. 2. Lack of parking spaces for horse trailers and identification of parking areas for horse trailers on the map of the South Skyline area. 3. The District's interest in acquiring the Skyline property owned by the Russian Orthodox Church and the rights of the Church. Staff informed him that trailers can park at Monte Bello Open Space Preserve and that only areas dedicated to trailer parking are indicated on the map. P. Siemens said that in general, if something is not specifically prohibited, it is allowed. N. Hanko said the reason the District is proceeding slowly in the Mt. Umunhum matter is to avoid the use of eminent domain. In regard to the Windy Hill parking lot, negotiations with the adjoining property owner are being completed. She stated that acquisition of the Russian Orthodox Church property has been a high priority since the District was formed. 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-691-1200 . FAX:415-691-0485 - E-mail:mrosd@netcom .com_ m.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 97-01 Page 2 IV. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR C. Britton removed Agenda Item No. 3, Approval of One-Year Consulting; Services Agreement with Heim, Noack, Kelly & Spahnn for Consulting Fee of $1.100 Per Month. Motion: P. Siemens moved that the Board adopt the Consent Calendar including the minutes of the November 20, 1996 Special Meeting; reply to a written communication from Cliff Jenkins, 22400 Skyline Boulevard #25, La Honda; Agenda Item No. 2, Renewal of Controller's Investment Authority and Adoption of Statement of Investment Policy, including adoption of Resolution 97-01, Resolution Adopting a Statement of Investment Policy and Authorizing the Controller to Invest Surplus Funds Allowed by Government Code; and Revised Claims 97-01. J. Cyr seconded the motion. The motion passed 6 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 - Election of Board Officers for 1997 - (Report R-97-01) J. Fiddes presented the staff report. Following voting, she announced the following Board Officers for 1997: President - Mary Davey Vice President - Betsy Crowder Treasurer - Pete Siemens Secretary - David Smernoff N. Hanko thanked the Board. M. Davey presented gifts to N. Hanko as outgoing president and expressed optimism for the coming year. B. Agenda Item No. 3 - Approval of One-Year Consulting Services Agreement with Heim, Noack, Kelly & Spahnn for Consulting Fee of$1.100 Per Month - (Report R- 97-04) C. Britton said he had removed the item because the contract had not been received in time to be included in the Board's packet. He noted that the fee has not increased. Motion: D. Smernoff moved that the Board authorize the General Manager to execute the Consulting Services Agreement with Heim, Noack, Kelly, & Spahnn for legislative consulting services in Sacramento. P. Meeting 97-01 Page 3 Siemens seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 4 - Anuointment of Administration and Budget Committee for 1997 -- Board President - (Report R-97-02) M. Davey distributed a list showing the proposed composition of committees, including the Administration and Budget Committee. As in the past, the Treasurer will serve as chair of the Administration and Budget Committee, and the newly elected Board members, K. Nitz and J. Cyr, will be committee members. Motion: N. Hanko moved that the Board ratify the President's appointment of Directors Siemens, Nitz, and Cyr to the Administration and Budget Committee for the 1997 calendar year. P. Siemens seconded the motion. The motion passed 6 to 0. VII. INFORMATIONAL REPORTS N. Hanko said her husband had been invited to President Clinton's inauguration and asked if others had received invitations. P. Siemens informed the Board that he will be absent for 2-3 months because of a recently planned vacation. D. Smernoff volunteered to serve as an alternate for the Administration and Budget Committee. C. Britton reported as follows: 1. The Monthly Field Activity Report for November was in the packet. The annual report will be presented in February. 2. The final draft of the Revised Basic Policy, the basis for development of a Regional Open Space Plan, was also included. 3. A letter from Manual Austin commending Ranger Tom Randall for his work during the recent storms was included. 4. He reminded Board members of the influencing skills training sessions. 5. He had attended the Land and Water Conservation Fund Summit in Pacific Grove and said this is part of a nationwide movement to revive the fund. C. Britton said the short term goal is to restore funding for 1997-98 and the long term goal is to restore funding permanently. J. Escobar reported that damage from the storms had not been severe. There were some road closures, plugged culverts, and some erosion. M. Smith said he and C. Britton had met with the Environmental Volunteers staff and discussed their participation in the District's 25th anniversary celebration. S. Schectman presented legal updates regarding the Driscoll Ranch case in San Mateo County and the Open Space Authority Funding case. J. Escobar reported on the discovery of a suicide victim in one of the District's preserves. N. Hanko referred to the letter to environmental leaders from Senator Vasconcellos, Meeting 97-01 Page 4 Assemblywoman Alquist, and Assemblyman Honda inviting them to a consultation on January 11. D. Smernoff said he will call staff regarding testifying at that meeting. N. Hanko stressed the importance of completing the Statements of Economic Interest which had been distributed to Board members. VIII. ADJOURNMENT The meeting was adjourned at 8:20 p.m. Roberta Wolfe Recording Secretary Claims No. 97-01 Meeting 97-01 Date: Jan. 08, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1376 30.24 ADT Security Systems Burglar Alarm Service 1377 8,180.00 ATC Associates Inc. Asbestos and Lead-Based Paint Surveys- Mount Umunhum Facilities 1378 160.59 A T & T Telephone Services 1379 438.33 Beck's Shoe's Inc. Uniform Boots 1380 800.00 Body Logic Health Management Back Power Training Sessions 1381 4,188.24 Bofors Incorporated South Bay Brochure Printing 1382 196.50 Mark Brent Electric Repair--Mt. Umunhum Repeater 1383 8,072.55 Brian Kangas Foulk Consulting Engineers Survey Engineering--Teague Hill 1384 197.75 Cabela's Inc. Uniforms 1385 155.07 California Water Service Company Water Service 1386 719.22 Callander Associates Parking Lot Studies--Windy Hill 1387 558.00 Camino Medical Group Medical Services 1388 763.50 *1 Dave Chapman ATV Safety Training Instructor 1389 659.20 Communication & Control Inc. Utilities--Mt Umunhum P G & E Pump 1390 245.66 Patrick Congdon Reimbursement--Parts and Supplies 1391 41.21 DFM Associates Resource Documents 1392 130.00 *2 Econo Page Pager and Service Contract 1393 52.57 John Escobar Reimbursement--Business Meeting 1394 21.53 Film TO Frame Photo Processing 1395 99.08 Flaghouse Nature Center Bench 1396 75.93 Foster Bros. Security Systems Locks and Keys 1397 24.78 G & K Services Shop Towel Service 1398 73.11 GTE Mobilnet Cellular Phone Service 1399 304.89 Guy Plumbing Enterprise Rental Repairs 1400 227.75 Honeywell Inc. Burglar Alarm Service 1401 1,145.04 HMC Group Foothills Shop Building Upgrade 1402 274.04 Jodi Isaacs Vehicle Expense 1403 198.11 Javelco Equipment Service, Inc. Equipment Parts 1404 775.00 Mike Johnson Main Office Building Repairs 1405 953.44 Lanier Worldwide, Inc. Copier Machine Lease 1406 120.00 *3 League of California Cities Workshop Registration--S. Schectman 1407 1,177.76 101 Livestock Supply Company Gates 1408 443.35 Los Altos Garbage Company Dumpster Service 1409 180.00 Town of Los Gatos Construction Management Services-- Skyline Field Office 1410 279.58 Lucent Technologies A T & T Maintenance Service 1411 300.00 Marilyn Manning Ph.D. Team Building Consulting Services 1412 987.35 Julie McCullough Vehicle Expense 1413 184.24 MetroMobileCommunications Radio Repair 1414 48.16 Moffett Supply Company Light Bulbs 1415 65.00 Mountain View Door, Key & Lock Service Garage Door Adjustment--Deer Hollow Farm 1416 434.39 Navarone Industries, Inc. Winter Newsletter Printing *1 Urgent Check Issued December 20, 1996. *2 Urgent Check Issued December 18, 1996. *3 Urgent Check Issued December 19, 1996. Page 1 Claims No. 97-01 Meeting 97-01 Date: Jan. 08, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1417 19.50 Netcom Monthly Internet Service 1418 52.81 Northern Energy Propane 1419 511.57 Office Depot Office Supplies 1420 842.08 Pacific Bell Telephone Service 1421 271.49 PIP Printing Volunteer Newsletter Printing 1422 467.64 Pitney Bowes Credit Corp. Mailing Machine Lease 1423 10.84 Pringle Tractor Company Oil Filters 1424 97.00 The Pryor Report Subscription Renewal 1425 150.85 QSP Printing Letterhead Printing 1426 127.65 Roy's Repair Service Vehicle Repair 1427 42.22 San Mateo County Times Subscription Renewal 1428 735.36 Sears Enterprise Rental Appliance 1429 281.74 Shell Oil Company Fuel 1430 2,100.00 George Sipel Associates Planning Organizational Management 1431 100.90 Skyline County Water District Water Service 1432 110.89 Malcolm Smith Reimbursement--Supplies and Vehicle Expense 1433 1,876.50 Special District Board Management Institute Registrations-C. Britton, J. Cyr & K. Nitz 1434 44.68 Stevens Creek Quarry Baserock 1435 685.29 Summit Uniforms Uniforms 1436 9,373.08 Universal Printing Company Visitor Map Printing 1437 300.00 Roberta Wolfe Recording Services 1438 679.00 The Workingman's Emporium Uniform Expense 1439 135.71 Yardbird Equipment Sales Equipment Repair Parts 144OR 2,280.00 Town of Woodside Teague Hill Lot Line Adjustment 1441 R 566.33 Petty Cash Vehicle Expense, Business Meetings, Office Supplies, UPS Postage and Volunteer Event Supplies Total 55,844.29 Page 2 o -18 97 10: 37111 FKM AZEPIIv-FAX TO 6910485 Foci • RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond ROM 10 UIb9 A"LE � Draft Response Attached L Bcaff to ba Directed to Prepare Draft Response for Board Consideration per Board Direeciwe(s) 11920 RHUS RIDGE ROAD LOS ALTOS HILLS, CA 94022 No Response Necessary (415) 948.4932 (OFFICE) (415) 948-4750 (HOME) (415) 948.6736 (FACSIMILE) Distributed at 1/22/97 Regular Meeting. No acknow- legement letter sent since VIA FACSIMILE Mr. and Mrs . Alperin were in attendance at the meeting. Jean H. Fiddes District Clerk January 18, 1997 Board of Directors Mid-Peninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022.1404 Dear Members of the Board, We are in receipt of a copy of the General Manager's Report, R-97-09 (the "Report"), and of an agenda for the Board of Directors' Meeting to be held on Wednesday, January 22'd, 1997. We shall endeavor to attend the Wednesday meeting, however, given the very short notice, it is not yet clear that we will succeed. Nevertheless, we wanted the Board to be on notice and have in front of it our very strong objections as it considered this matter. While we are encouraged that the Report recommends the removal of the facility from District publications, we are extremely disappointed with other positions advanced in the Report. We intend to oppose, through all available means, the implementation of certain of the recommendations and we shall insist that the Board adopt measures which we believe it must to alleviate the problems the MROSP has visited on our neighborhood. Last January (1996), 1 wrote to Mr. Britton a letter detailing a series of problems for which the District was responsible. The neighbors on Rhus (continued) FROM ALEPIN-PAN .I p PU C,-� TC' 69 10485 U J MROSD Board of Directors Page 2 Ridge have echoed my feelings in meetings at which MROSD personnel (and Board Members) were in attendance. I shall not repeat the litany from that correspondence. Rather I shall focus on the Report. • The Report indicates, properly, that in acquiring the Rhus Ridge facility, the opportunity was to permit the public "to use these lands as they had in the past". It was not to expand the public's use of the Rhus Ridge facility. If expansion was in the District's plans, then the District never informed us of this - for surely it knew we would oppose it. Accordingly, we believe the District's use of the Rhus Ridge facility must be consistent with its past use. • The Report suggests that usage at Rhus Ridge increased simply because "[vlisitation at all of the District's preserves ... significantly increased over the past few years." At Rhus Ridge visitation increased for one reason and one reason alone: because the District promoted Rhus Ridge in its publications. Prior to the publication, usage was at historical levels. Only after publication (and signing)did it increase. • The District promoted visitation of the Rhus Ridge facility without any consideration for the impact the increased number of visitors would have on the neighborhood or the facilities. Now the Report would have us believe the current state of affairs has nothing to do with the MROSD management(or lack thereof) of the Rhus Ridge facility; * The Report, quite fantastically, attributes the fact that people park along the side of the road to the lack of adequate parking. Apparently, the Report's authors have never tried out this explanation when disputing a traffic citation in front of a judge. The reality is that people park illegally because there is no 'The District approached the home owners'association to get permission to place a sign at the comer of Rhus Ridge and Moody Road two or three years ago. It did not explain to the home owners that this was part of a calculated plan to increase usage of the Rhus Ridge facility. 01-�8-0? 10 37 FM F F,0 M A I El N-F A X Tu P 10 10 4 MROSD Board of Directors Page 3 monitoring or enforcement at the Rhus Ridge facility. We have repeatedly requested that the District place personnel on site to handle the problems of overcrowding at Rhus Ridge. The District has done nothings. And, indeed the recommendations in the Report seek to exacerbate the problem by supplementing the parking. a From this rather fantastic reasoning, the Report would have us believe that, when someone arrives at the Rhus Ridge facility and finds the access to the overflow area closed, he or she will not park illegally. Why?Why would they park illegally now and not when the access area is closed? This makes no sense at all. o Further, in estimating the number of visitors to the Rhus Ridge facility the Report fads to consider the number of visitors who, rather than park illegally, leave the area. It appears that the overflow parking area is really the "camel's nose under the tent". How soon before the overflow area is always open? How soon before the Rhus Ridge neighborhood will suffer a doubling or a trebling of visitors. What will the District recommend then? Concession stands and a two storey parking lot? * We are deeply concerned about the presence of cars and people deeper inside the preserve. This is an extremely high fire danger area. The proposed overflow parking area is not visible from the street. A spark could ignite the masses of combustible material and a fire could catch hold long before anyone would see it. The Report's recommendation for overflow parking in that area is, we believe, reckless. I We have repeatedly called the Los Altos Hills Sheriffs Department to intervene when illegally parked vehicles blocked our entrance or prevented emergency vehicles from gaining access to the area. They are powerless. This is a District problem. 'In addition,without increased monitoring,we are concerned about the potential for increased criminal activity. O1-�8-97 10: 37PM FROM ALEPIN-FAX TO 6910485 P005 MROSD Board of Directors Page 4 The Report recommends that logs be used along the side of Rhus Ridge Road above Peck Road and that signs be used on the north side of Rhus Ridge opposite our property to discourage parking. We believe these measures will lead only to people parking illegally along our property just before the entrance to the preserve. Rhus Ridge is quite narrow and cannot take logs at this point - a point with which District staff is in agreement. Further, the turn is almost blind. Nothing in the Report addresses this new potential problem. We have been very patient. We had hoped for something that was responsive to the very real problems the District has created for us - its neighbors. We are profoundly disappointed. We expect better. We hope that you, the Board, will accept your responsibility and take actions that will correct the current, unacceptable situation. incerel , �` onald S. Alepin Linda T. Alepin Regional Open -*ce ,r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-07 Meeting 97-02 January 22, 1997 AGENDA ITEM Appointment of 1997 Board Committees PRESIDENT'S RECOMMENDATION way 1. Approve the Board president's appointments to standing and ad-hoc committees as contained in this report. 2. Approve the appointment of Director Smernoff as an alternate member of the Use and Management Committee. DISCUSSION Section 1.80-.82 of our Rules of Procedure calls for the Board President to appoint Board members to our existing standing and ad-hoc committees with consent of the Board. The four standing committees consist of Administration and Budget; Legislative, Finance, and Public Affairs; Use and Management; and Acquisition and Enterprise. Following our Rules, Administration and Budget Committee appointments were made at our January 8 meeting. The remaining appointments are to be approved at our January 22 meeting. All standing committees are compensable. The ad hoc Picchetti Lease and General Manager Evaluation Committees would also be compensable. Proposed committee assignments for 1997 are shown the following page. At our January 8 meeting, Director Smernoff volunteered to serve as the alternate for the Use and Management Committee. Prepared by: Jean Fiddes, District Clerk Contact person: Same as above 330 Distel Circle Los Altos, CA 94022-1404 Phone:415-691-1 2 200 FAX:415-691-0485 E-mail: mrosdQnetcom.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 BOARD OFFICERS - 1997 President - Mary Davey Vice President - Betsy Crowder Treasurer - Pete Siemens Secretary - David Smernoff BOARD COMMITTEES STANDING COMMITTEES* ADMINISTRATION AND BUDGET COMMITTEE (1997) Pete Siemens Jed Cyr Ken Nitz LEGISLATIVE, FINANCE, AND PUBIC AFFAIRS COMMITTEE (1997) Jed Cyr David Smernoff Nonette Hanko USE AND MANAGEMENT COMMITTEE (1997) Betsy Crowder Nonette Hanko Pete Siemens Alternate: David Smernoff ACQUISITION AND ENTERPRISE COMMITTEE (1997) David Smernoff Ken Nitz Betsy Crowder *All standing committees are compensable. -------——---—------------------------------------------------------------------------------------------------------ 1997 AD-HOC COMMITTEES PICCHETTI LEASE COMMITTEE (compensable) Nonette Hanko Pete Siemens GENERAL MANAGER EVALUATION COMMITTEE (compensable) Nonette Hanko Pete Siemens Mary Davey Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-10 Meeting 97-02 January 22, 1997 AGENDA ITEM President's Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority PRESIDENT'S RECOMMENDATION oy"Approve my appointment of Director Siemens, Sme off, and Cyr t serve on the governing Board of the Midpeninsula Regional Open Space District Financing Authority. DISCUSSION The governing Board of the Midpeninsula Regional Open Space District Financing Authority consists of five members. The District's Board President is one member. Three members are to be members of the District's Board of Directors who are appointed by the Board President. The fifth member is the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory and who is appointed to the Board by the Chairman of the Board of Supervisors. Section 2.4 of Article II of the Authority's bylaws calls for the Treasurer of the District to be the Treasurer of the Authority. I recommend that you approve my appointment of Directors Siemens (Treasurer), Smernoff, and Cyr to serve on the governing Board of the Midpeninsula Regional Open Space District Financing Authority. Last year's appointments to the Authority's Board, made by N. Hanko, included M. Davey (Vice-President), D. Smernoff (Treasurer), and T. Henshaw (Chairperson of the Administration and Budget Committee). Prepared by: Jean Fiddes, District Clerk Contact person: Same as above 330 Distel Circle ® Los Altos,CA 94022-1404 . Phone:415-691-1200 # FAX:41 i 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 GeneralM,inager:I.,Craig Britton Regional Open !. ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-12 Meeting 97-02 January 22, 1997 AGENDA ITEM Approval of Agreement for Legal Services with the La _Offices of Turner and Mulcare GENERAL MANAGER'S RECOMMENDATIO Authorize the Board President to execute the attached Att ey-Client Fee Contract with the Law Offices of Turner and Mulcare. DISCUSSION From time to time, when the District is considering acquisition of property or making a determination about the use, disposition or lease of property, the District has need of legal advice from attorneys with special expertise in these areas. In order to have a qualified law firm retained to provide these services on an as-needed basis, the General Manager and District Legal Counsel recommend that the District enter into the attached contract with the law firm of Turner & Mulcare. This firm has extensive experience in real property issues and also has expertise in eminent domain should that be considered. Eminent domain is a course the District rarely has used and would use only as a last resort in an appropriate case. Nonetheless, it would be helpful to have a firm available with expertise in this area when and if it should become necessary. Turner and Mulcare will provide legal services on an hourly basis as requested by the District. The rates quoted in the attached contract are in line with fees charged by firms in the Bay Area with equivalent expertise. The current year's budget includes an amount of $10,000 for legal fees in connection with acquisition. It is not anticipated that fees will exceed this budgeted amount in Fiscal Year 1996-1997. Prepared by: Sue Schectman, Legal Counsel Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton I-Id-1997 12:OSPM FROM TURNER MULCARE AISS7311SO P- 3 LAW OFFICES TURNER 6 MULCARE WILLIAM J.TURNER OtO 0*01EL AVENUE.SUITS Z39 PONAL0 J. MULCARE SAN MATEO. CA 9A&CZ-3517 ANOREW V TURNER January 14, 1997 TELEPUOWt(440)773-k477 Mary Davey, President, and Members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-0485 Re: Attorney-Client Fee Contract Dear President Davey and Members of the Board of Directors: The purpose of this letter is to set forth the ATTORNEY-CLIENT FEE CONTRACT ("Contract") between Midpeninsula Regional open Space District ("Client") and Turner & Mulcare, a Professional Corporation ("Attorney") . IT IS HEREBY UNDERSTOOD AND AGREED AS FOLLOWS: 1 . CONDITIONS. This Contract will not take effect, and Attorney will not have any obligation to provide legal services, until Client returns a fully executed copy of this Contract to Attorney. 2 . SCOPE AND DUTIES. Client hires Attorney as special counsel to provide legal services involving consultation and representation regarding acquisition of property and the prosecution of eminent domain actions as requested by Client from time to time. Attorney shall provide those legal services reasonably required to represent Client, and shall take reasonable steps to keep Client informed of progress and to respond to Client' s inquiries. Client shall fully communicate all relevant facts to Attorney, cooperate with Attorney, keep Attorney informed of developments, abide by this Contract and timely pay Attorney' s monthly bills. 3 . LEGAL FEES. Client agrees to pay for legal services rendered by Attorney at the following hourly rates: For services of William J. Turner and Ronald J. Mulcare: $275.00 per hour; and for services of Andrew J. Turner: $175.00 per hour. 4 . COSTS ANDEXPENSES. In addition to paying legal fees, Client shall reimburse Attorney for all costs and expenses incurred by Attorney, including, but not limited to, process servers, fees, fees fixed by law or assessed by courts or other agencies, court 1-1,d-1997 12:06PM FROM TUPNER MULCARE 4155731150 P. d Midpeninsula Regional Open Page 2 January 14, 1997 reporters' fees, long distance telephone calls, messenger and other delivery fees, postage, in and out of office photocopying, parking, mileage, investigation expenses, witness fees, and other similar items. Client authorizes Attorney to incur all reasonable costs appropriate in providing legal services to Client . Attorney will be reimbursed these costs and expenses by Client upon presentation of a statement to Client for them. 5. EMPLOYMENT OF EXPERTS. Attorney may recommend to Client employment of expert consultants, which may include appraisers, land use planners, land surveyors, engineers and others. Client shall ultimately determine which experts Client will retain after consideration of Attorney' s recommendations. Any fees, costs and expenses of any such expert consultants retained by Client shall be Client' s sole obligation and Client shall pay directly to such experts all such fees, costs and expenses. 6 , STATEMENTS. Attorneys shall send Client monthly statements for Attorney' s fees and costs incurred. Client shall pay Attorney's statements within fifteen days after each statement' s date. 7. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time and Attorney may at any time terminate this Contract as to all matters not involving a pending court action in which Attorney is attorney of record for Client. with regard to any pending court action in which Attorney is attorney of record for Client, Attorney may withdraw at any time with Client's consent or for good cause. Good cause includes Client's breach of this Contract, Client' s refusal to cooperate with Attorney or to follow Attorney' s advise on a material matter, or any other fact or circumstance that would render Attorney' s continuing representation unlawful or unethical. 8. RETAINER. There will be no retainer paid by Client to Attorney. 9 . ---C—QNCLUSION OF SERVICES. When Attorney's services conclude, all unpaid charges shall be immediately due and payable. After Attorney's services conclude, Attorney will, on Client' s request, deliver Client' s file to Client. 10 , DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in Attorney's statements made or to be made in the future to Client will be construed as a promise or guarantee about the outcome of Client' s matters. Attorney makes no such promises or 1-1d-1997 12:06PM FROM TURNER. MULCARE d1SS7311SO P. 5 Midpeninsula Regional Open Page 3 January 14 , 1997 guarantees . Attorney' s comments about the outcome of Client' s matters are expressions of opinion only. 11 . EFFECTIVE DATE. This Contract will take effect when Client has performed the condition stated in Paragraph 1 . DATE: 9 ( / "ATTORNEY" TURNER & MULCARE, SIGNAL CORPORATION r B N J. CARE DATE: "CLIENT" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BY MARY DAVEY, PRESIDENT Regional Open S-, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-11 Meeting 97-02 January 22, 1997 AGENDA ITEM Denial of Claim for Property Damage Filed by Roger and Patricia Moshell DISTRICT LEGAL COUNSEL'S RECOMMENDATION Deny the claim against the District filed by Roger and Patricia Moshell. 2� �y ��cY DISCUSSION Roger and Patricia Moshell of Woodside, California have filed a claim against the District for property damage. The claim arises out of drainage diversions installed on the District's Teague Hill property above Pinto Way. The claimants assert that the diversions caused property damage by diverting runoff onto the claimants' property. A copy of the claim which describes the incident is attached to this report. The California Tort Claims Act sets out the procedures a person must follow in order to recover damages for personal injury or property damage from a pubic agency. The principal requirement is that no money may be recovered from a public agency unless a written claim has first been presented to the agency. The California Tort Claims Act requires that claims for damages be presented to a public agency for approval or denial. The District then has 45 days to determine whether to approve or deny the claim. Upon denial of a claim, a claimant has six (6) months to determine whether to proceed with legal action. Claims are typically placed on the Board's Consent Calendar for action. District Legal Counsel has reviewed this claim and recommends it be denied. There does not appear to be a basis to impose liability upon the District for this claim. Prepared by: Sue Schectman, Legal Counsel Contact person: Same as above 330 Distel Circle * Los Altos, CA 94022-1404 -_Phone:415-691-1_20 0 « FAX:415-691-0485 � E-mail: mrosdQnetcom.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 November 26, 1996 Mr. & Mrs. Moshell 815 Patrol Rd. Woodside, Calif. 94062 Randy Anderson Senior Planner Mid Peninsula Open Space District 330 Distel Circle Los Altos, Calif. 94022 1 was very disappointed that your October 21, 1996 response to our August 11, 1996 letter concerning run off damage to our property neglected to mention the damage you observed during your August on site visit. Also, during our subsequent, August telephone conversation you confirmed the majority of the damages mentioned in our initial letter. Now , however , it appears that the passage of time has effected your memory. Therefore, in order to clarify the record and lodge a formal claim for damages, I am enclosing a written statement from a third party contractor which clearly itemizes each claim for damages and provides you with a cost estimate for repairs. In addition, I am also enclosing a statement and invoice from Mr. Arnoldo Alcazar who performed the initial clean-up. We are requesting that you review the enclosed documentation and present it to the appropriate officials of your organization at your earliest opportunity. After their review we will anticipate a comprehensive response to our claim for compensatory monetary damages. It should also be noted that despite the assurances in your October letter, during the last rainstorm our property experienced excessive run off which is directly related to your attempted development of the Teague Hill Property. Would you please provide us with an update on your efforts to stem this flow. Thank you for your assistance. Sincerely, Roger Moshell & Patricia Moshell riI'` Rettke constriction pr 200 VALLEY DRIVE *35 • BRISB,',.NE, CA Cj,F005 TELEPHONE: 415) 468-,'410 Contractors License#393058 NovemP-erz 11, 1996 MIL. & Mo sheV 815 /labtoP /W. Ooode.i.de, Ca. 94062 13ea/z M/z. S Mz,6. /7orhe22: Below i,6 a 9,zeakdown o/ the kid-6 you ha;,e n.eque.3.ted. I/ the.6e a�ze accepizdZe 1-?&"e contact ours o//i.ce arL-i wiU 3u&%i.t ContAa,,-t fo 9.e 3,igned /02 apInovai. 1) Bairn Area: A) Ins.ta.0 new ezlevated po s,`_ and pie/. an, and pel.. w-te t ukich ha15 Ceen damaged Py erto.3.ion. $5,410.00 (No.t_e: quote does not .i-zcQude any rr,ei,,veting / 3t4uctzvz.e) B) Irzs.ta_U new 12rce.6,3urz.e. .tn.za-ted goon in &aan. $8,210.00 C) Remove and rr.e/2Zace damaged n.e.ta.ining i,,aa at larzn enLzy apprzoximate4 80 /ee-t• $2,810.00 D) la,3 aU apprzoximately 5 yand� of ,sand in paddock. $310.00 2) jCaitage/Cartport t: A) Rai.,6e lounda.Uon .to aU wiate lau.eYy .ade- co!,di.t-jon and earzth con.t.act. $3,840.00 3) Reaa ifaad Landscaping: A) Remove exi,3t..ing damaged /ze.ta.ij i g wad insta.t'.P_ d/taiaage 3y6tem, rceP�ui2d as e�i�Cirzy. $6,240.00 Shouid you have any que ii ion,3 pt'ea se dc; 't he,3,i; (A- e .to contact rze. Thank you chop.6i g Re�e C0"t zuc.t..ion :,nd giv,&,-, u.,s the opporz.tun.i.ty .to ,serve you. S.irtcen e� Nonte . Rettke Owne,z Regional Open 5, ce s R-97-08 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-02 January 22, 1997 AGENDA ITEM Authorization to Enter Into Contract with Callander Associa to-Redesign the Proposed Parking Area at the Portola Road Entrance to Windy Hill Open S ace Pre rve GENERAL MANAGER'S RECOMMENDATI Authorize the General Manager to contract with Callander Associates of San Mateo for $19,698 to prepare plans and specifications for public access improvements at Windy hill Open Space Preserve. DISCUSSION In 1987, the District purchased the Slobe property as an addition to the Windy Hill Open Space Preserve. The acquisition was contingent upon Town approval of a 50-car parking area adjacent to Portola Road and The Sequoias retirement community (see Exhibit 1). At the time of the acquisition, the parking area was conceptually approved by the Town with several conditions. ,The conditions include the undergrounding of utilities along the preserve's Portola Road boundary, and an agreement to provide a minor collector road as shown in the Town's General Plan if the road was needed. In 1992, staff employed Callander Associates to develop plans and specifications for the parking area. The conceptual design used the minor collector road alignment as the entry from Portola Road. This entry alignment required relocating an existing access easement to the new minor collector road alignment. The plans also included the utility undergrounding. When the improvement drawings were completed, they were presented to the Town for a conditional use permit and site development permit. The conditional use permit was granted and the Planning Commission and Town Council review of the site development permit application was completed. In 1994, the District received a Land and Water Conservation Fund grant to help fund the development of the parking area. The grant is a 50% matching grant and is reimbursable upon completion of the project. With grant funding in place, staff proceeded to move ahead with the project. Staff began to work with the Town and Pacific Gas and Electric Company to underground the utilities along Portola Road. The project became a joint project between the Town and District and the undergrounding was completed in mid-1996 with the exception of telephone lines. The telephone lines remain overhead at this time, however, the underground facilities are in place for Pacific Bell to complete their work. Pacific Bell's completion of their portion of the 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 R-97-08 Page 2 undergrounding is contingent upon another Pacific Bell project in the vicinity and is anticipated in the near future. In light of unforeseen difficulties involved in moving the existing access easement to a new location, staff met with Town representatives to discuss alternatives. By redesigning the entry to utilize the existing access, the access easement will not require relocation. Staff proposes contracting with Callander Associates to revise the plans to utilize the existing access alignment. An additional survey will be required, as will additional civil engineering services to re-design the Portola Road entry. The configuration of the parking will remain the same with minor adjustments. Prepared by: Mary de Beauvieres, Open Space Planner Contact person: Same as above AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND CALLANDER ASSOCIATES Callander Associates, 311 Seventh Avenue, San Mateo, California 94401-4259, Voice Phone (415) 375-1313 Fax Phone (415) 344-3290 THIS AGREEMENT, dated this 23rd day of January, 1997, is by and between CALLANDER ASSOCIATES, a sole proprietorship ("Consultant") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public body of the State of California ("District"); RECITALS: WHEREAS, District owns real property known as Windy Hill Open Space Preserve located in Portola Valley, California and desires to design and build a 50-car parking area to serve the preserve; and WHEREAS, Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services, as hereinafter defined, on the following terms and conditions. NOW, THEREFORE, Consultant and the District agree as follows: AGREEMENT: (1) Scope and Schedule of Service. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to District the services described in Exhibit A, attached hereto and incorporated herein by reference, in compliance with the Work Schedule set forth in Exhibit A. (2) Compensation. For work performed by Consultant in accordance with this Agreement, District shall compensate Consultant in accordance with the payment terms, conditions and rates set forth in Exhibit A. (3) Effective Date. The effective date of this Agreement is January 23, 1997. (4) Independent Contractor Status. It is expressly understood and agreed by both parties that Consultant, while engaged in carrying out and complying with any of the terms and conditions of the Agreement, is an independent contractor and not an employee of the District. Consultant expressly warrants not to represent, at any time or in any manner, that Consultant is an employee of the District. (5) Assignment and Subcontracting. It is recognized by the parties hereto that a substantial inducement to District for entering into this Agreement was, and is, the professional reputation and competence of Consultant. Neither this Agreement nor any interest therein may be assigned by Consultant witho, .ie prior written approval of District. onsultant shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the District. (6) Insurance. Before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the District the insurance specified in Exhibit B, "District Insurance Provisions", attached hereto and incorporated herein by reference. (7) Indemnification - Consultant's Responsibility. It is understood and agreed that Consultant shall indemnify, defend, and hold District, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omissions of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the sole negligence or willful misconduct of the District, its officers, employees, agents, or volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements requires under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (8) Licenses. If a license or registration of any kind is required of Consultant, its employees, agents, or subcontractors by law, Consultant warrants that such license has been obtained, is valid and in good standing, and Consultant shall keep it in effect at all times during the term of this Agreement, and that any applicable bond shall be posted in accordance with all applicable laws and regulations. (9) Termination. This Agreement may be canceled at any time by District for its convenience upon written notification to Consultant. In the event of termination, the Consultant shall be entitled to pro-rated compensation for services performed prior to the effective date of termination; provided, however, that the District may condition payment of such compensation upon Consultant's delivery to the District of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the District in connection with this Agreement. (10) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows: To Consultant: Peter Callander, Principal Callander Associates 311 Seventh Avenue San Mateo, CA 94401-4259 (415) 375-1313 FAX (415) 344-3290 To the District: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 FAX (415) 691-0485 Each party shall provide the other party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail. (11) Ownership of Materials. All materials and records of a finished nature, such as final plans, specifications, reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of District. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to District at no additional charge and without restriction or limitation on their use consistent with the intent of the original design. Upon District's request, Consultant shall execute appropriate documents to assign to the District the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Consultant or any other person shall not affect District's rights to the materials and records prepared or obtained in the performance of this Agreement. District reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and District shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by District shall continue for a period of fifty years from the date of execution of this Agreement unless extended by operation of law or otherwise. (12) Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to District all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which District incurs as a result of such cessation or abandonment. (13) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. (14) No Third-party Rights. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein. (15) Compliance with Laws. In the performance of this Agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and all ordinances, regulations and policies of the District. Consultant warrants that all work done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations. .(16) Controlling Law. This Agreement and all matters relating to it shall be governed by the laws of the State of Calif(,.--.,t. (17) Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify District of the existence of such conflict of interest so that the District may determine whether to terminate this Agreement. Consultant further warrants its compliance with the Political Reform Act (Government Code § 81000 et seq.) respecting this Agreement. (18) Time is of the Essence. Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with any schedules specified herein. In the performance of this Agreement, time is of the essence. (19) Whole Agreement and Amendments. This Agreement constitutes the entire understanding and Agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or any previous written or oral Agreements between the parties with respect to all or any part of the subject matter hereof. This Agreement may be modified or amended only by a written document executed by both Consultant and District's General Manager and approved as to form by the District Legal Counsel. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement. (20) Capacity of Parties. Each signatory and party hereto warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement and that all necessary actions have been taken so as to enable it to enter into this Agreement. (21) Multiple Copies of Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of District's District Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document. (22) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. IN WITNESS WHEREOF, Consultant has executed this Agreement, and the District, by its General Manager, who is authorized to do so, has executed this Agreement. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Date: By: Attest: L. Craig Britton, General Manager Approved as tc, ,cm and procedure: District Clerk Date: Susan M. Schectman, District Legal Counsel Date: CONSULTANT By: Date: Attachments: Exhibit A Scope of Services, Compensation and Billing Exhibit B District Insurance Provisions Exhibit A to Agreement between Midpeninsula Regional Open Space District and Callander Associates SCOPE OF SERVICES, COMPENSATION AND BILLING 1. Scope of Services and Schedule: A. Detailed Scope of Services: 1.0 Prepare conceptual design 1.01 Review revised project scope and schedule with District staff and engineer. Discuss likely Town review process with Town Planner. 1.02 Prepare diagram (by engineer), rough cost estimate, and anticipated project schedule to assist District in making decision to proceed or not proceed. Present to District staff in a single work session. 1.03 Prepare concept plan based on District comments on diagram. Forward to District and Town planning consultant for review and comment. 2.0 Prepare preliminary design 2.01 Obtain proposal from Geotechnical Engineer for supplemental work. Forward to District for review and approval. 2.02 Conduct supplemental survey of Portola Road area for relocation of entry. 2.03 Using layout plan provided by Civil Engineer, prepare preliminary plan at a V = 40' scale. Plan shall show parking area layout and access entry sign, restroom location, access trail alignment, landscape buffering, tree removal, fences and gates, emergency egress for The Sequoias, and drainage improvements. 2.04 Prepare an estimate of probable construction costs. Present plan and estimate to District staff. 2.05 Make minor revisions to plan based on District comments and submit to Portola Valley Planning Commission with request for amendment to Site Development Permit. 2.06 Submit color render of preliminary plan. Present to Planning Commission (one meeting). 2.07 Attend Town Council meeting and respond to questions (one meeting). 3.0 Prepare Construction Documents 3.01 Prepare construction drawings incorporating the Town and District comments to include: Cover sheet, Site Construction and Planting Plan, Site Construction Details, Irrigation Plan and Landscape Details. Incorporate plan view drawings to be prepared on layout plan furnished by Civil Engineer. Civil Engineer's drawings to show layout, grading, profile, striping, and details. 3.02 Revise general conditions and technical specification sections (previously submitted). Sections include: irrigation, landscape soil preparation, hydroseeding, planting, landscape maintenance, metal and hardware, and carpentry. Technical sections addressing improvements shown on engineering drawings to be furnished by engineer. District to furnish boilerplate provisions and assemble specification books. 3.03 Prepare bid form and estimate of probable construction costs in bid form format. 3.04 Forward drawings, specifications, bid form, and estimate to District and Town for review and comment. 3.05 Make minor revisions based on District and Town comments. Return sets to District and Town for backchecking. 4.0 Bidding and Construction Review 4.01 Provide bidding assistance, for example, assemble a list of qualified bidders, make plans available to bidders through our office, attend a pre-bid meeting, respond to inquiries during bidding, prepare an addenda and clarifications as warranted, review bids and provide the District with a recommendation. 4.02 Provide construction review. Attend a pre-construction conference, provide the contractor with a detailed list of submittals, shop drawing and field review requirements, conduct a limited number of site reviews, prepare field reports and assemble a substantial completion punchlist. Specific tasks will be limited to: a. Pre-construction conference (4 hours) b. Submittal requirement list (2 hours) C. Submittal review (8 hours) d. Site review (6 @ 4 hours each) C. Substantial completion (4 hours) f. Final review (4 hours) B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Phased Delivery of Services, if checked (X) Phase No. 1: Preliminary design submittal to District staff - March 21, 1997 (X) Phase No. 2: Construction documents complete - July 18, 1997 D. Date for completion of all Consultant services: November 21, 1997 2. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000 (X) Commercial General Liability Insurance: $1,000,000 (unless otherwise specified) (X) Errors and Omissions Insurance: $1,000,000 3. Compensation: A. Single Fixed Fee Arrangement For performance of all of the Scope of Services by Consultant as herein required, District shall pay a single fixed fee in the amounts and at the times or milestones set forth below: Single Fixed Fee Amount: payable upon completion of services. B. O Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Scope of Services by Consultant as are separately identified below, shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless District shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ C. (X) Hourly Rate Arrangement For performance of the Scope of Services by Consultant as herein required, District shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule below according to the following terms and conditions: (1) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Scope of Services herein required of Consultant for $_ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $19,698.00 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the District. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate 4. Consultant's Expenses: O The Compensation to be paid to Consultant set out in Section 3 includes all incidental expenses incurred by Consultant in performing services required by this Agreement. (X) District shall pay Consultant for the reasonable and necessary cost of the following incidental expenses incurred by Consultant in providing the services required herein: document reproduction, postage, printing, mileage, telephone, authorized travel expense. [Delete expenses such as mileage or travel which you have not agreed to pay]. (X) Consultant's expenses shall not exceed $ .00. 5. Contract Administrators: District: Mary de Beauvieres, Open Space Planner Consultant: Mark Slichter, Associate 7. Permitted Subconsultants, if any: a. Brian Kangas Foulk - Civil Engineers 540 Price Avenue Redwood City, CA 94063 (415) 482-6300 FAX (415) 482-8399 8. Consultant's License No. 1308 Type or Classification of License Landscape Architect Expiration Date: — February 28, 1997 9. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly O Quarterly O Completion of Scope of Services O Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month O 15th Day of each Month O End of the Month O Other: C. Terms and Conditions for Bill Processing: All bills submitted by Consultant shall contain sufficient information to determine whether the amount deemed due and payable is accurate. Bills shall include a brief description of services performed, the date services were performed, the number of hours spent and by whom, a brief description of any costs incurred, and the Consultant's signature. Bills shall be accompanied by the Consultant's Taxpayer Identification Number or Social Security Number. Exhibit B to Agreement between Midpeninsula Regional Open Space District and Callander Associates MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INSURANCE REQUIREMENTS Insurance. Before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the District the insurance specified in Exhibit B, "District Insurance Provisions", attached hereto and incorporated herein by reference. (1) Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant shall be provided as required by the California Labor Code. (2) Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain Commercial General and Business Automobile Liability insurance for the period covered by this Agreement in an amount not less than the amount set forth in Exhibit A, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of hired, owned and non-owned automobiles. Coverage shall be at least as broad as the latest edition of the Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (any auto). No endorsement shall be attached limiting the coverage. (a) A policy endorsement must be delivered to District demonstrating that District, its officers, employees, agents, and volunteers are to be covered as insureds as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to District, its officers, employees, agents, or volunteers. (b) The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis. (c) An endorsement must state that coverage is primary insurance and that no other insurance affected by the District will be called upon to contribute to a loss under the coverage. (d) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to District and its officers, employees, agents, and volunteers. (e) Insurance is to be placed with California-admitted insurers. (f) Notice of cancellation or non-renewal must be received by District at least thirty days prior to such change. (3) Professional Liability. Where Consultant is a licensed professional, Consultant, at Consultant's own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount set forth in Exhibit A covering the licensed professionals' errors and omissions, as follows: (a) Notice that any cancellation, material change, or non-renewal of insurance must be received by the District at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy. (b) The policy must contain a cross liability or severability of interest clause. (c) The following provisions shall apply if the professional liability coverages are written on a claims made form: 1. The retroactive date of the policy must be shown and must be before the date of the Agreement. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work. 3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The District shall have the right to exercise at the Consultant's cost, any extended reporting provisions of the policy should the Consultant cancel or not renew the coverage. 4. A copy of the claim reporting requirements must be submitted to the District prior to the commencement of any work under this Agreement. (4) Deductibles and Self-Insured Retentions. Consultant shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Any self-insured retention or deductible is subject to approval of District. During the period covered by this Agreement, upon express written authorization of District Legal Counsel, Consultant may increase such deductibles or self-insured retentions with respect to District, its officers, employees, agents, and volunteers. The District Legal Counsel may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. (5) Notice of Reduction in Coverage. In the event that any coverage required under the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to District at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. (6) In addition to any other remedies District may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, District may, at its sole option: (a) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; (b) Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; (c) Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to other remedies District may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements. Regional Open S, ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-06 Meeting 97-02 January 22, 1997 AGENDA ITEM Notice of Contract Completion for the Picchetti Ranch Ho d House Structural Restoration Project GENERAL MANAGER'S RECOMMENDATION Adopt the attached Notice of Completion of Contract and Acceptance of Work. DISCUSSION At your October 23, 1997 meeting, you awarded a contract for $42,070.00 for the Picchetti Ranch Homestead House Structural Restoration Project to Kal Construction (see report R-96- 111-A). Construction started in November, and the project was completed on January 9, 1997. A final inspection by the architect and project manager was conducted on January 7, and the County building inspector issued a final sign-off on the inspection card on January 13, 1997. Funding for this project is available from two grants, totalling $63,000, awarded to the District by the Santa Clara County Historical Heritage Commission. $40,000 was included in the 1996-1997 planning budget for structural improvements to the homestead house. The money was intended to fund the design and construction elements of the first grant and preparation of plans and specifications for the second grant. Upon award of the second grant in April 1996, staff combined the elements of both grants into one construction project. Two change orders totalling $2,145.56 were issued, bringing the total contract amount to $44,215.56. The changes included the replacement of additional flooring in the kitchen and unforeseen structural modifications encountered during construction. In addition, approximately $12,000 has been spent for engineering and design, advertising and permits. All expenses for this project will be reimbursed by the grant. Ten percent of the construction cost ($4,421.56) is being withheld from the contractor's billing in accordance with the contract documents and specifications. A check for the remaining amount will be issued in 35 days, which allows adequate time to review evidence that all payrolls, material bills, and other indebtedness connected with the project have been paid. Prepared by: Mary de Beauvieres, Open Space Planner Contact: Same as above Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Midpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the Midpeninsula Regional Open Space District, as Owner therein and Kal Construction as Contractor therein, bearing the date November 1 , 1996 for construction of structural improvements and appurtenant facilities upon lands of said District known as Picchetti Ranch Homestead House situated in unincorporated Santa Clara County State of California, was completed by the said Contractor, on the 1 3th - day of January, 1997 . Upon said contract, All West Insurance Brokers— was surety on the bond given by said Kal Construction . the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Midpeninsula Regional Open Space District is 330 Distel Circle, Los Altos, CA 94022 IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and given on the 22nd - day of January, 1997 authorizing and directing the execution of this instrument, the said District has caused these presents to be executed in its name, authenticated by the signature the President of the said Board of Directors this 22nd day of January, 1997 , in Los Altos, California. I CERTIFY, under penalty of perjury that the foregoing is true and correct. Mary Davey President, Board of Directors Dated: Signed in Los Altos, California ice- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-11 Meeting 97-02 January 22, 1997 AGENDA ITEM Resolution Honoring Mr. Michael Weston for His Generous Donation to the District GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution honoring Mr. Michael Weston, and thanking him for his $1,000 donation to the District. DISCUSSION The District's Gifts Recognition and Site Naming Policy (adopted by you on August 25, 1993 and amended September 14, 1994) spells out the process by which the District will recognize individuals or groups that have made significant contributions of cash, equipment, materials, goods, or professional services to the District. For unsolicited cash contributions of $1,000 to $9,999, the policy states that the donor shall receive a resolution of the Board of Directors and. a photo of a favorite open space preserve. Earlier this month, the District received a $1,000 contribution from Mr. Michael Weston of Cupertino. The attached resolution thanks Mr. Weston for his generous donation, and commends him for his dedication to open space and his support of the District. A framed photo of bicyclists at Long Ridge Open Space Preserve has also been prepared for Mr. Weston. The Gifts Recognition and Site Naming Policy also states that the donor will be given the opportunity to decline proceeding with a resolution if he or she would rather not have their name made part of the public record. Mr. Weston was contacted and graciously agreed to accept the resolution and photo. Prepared by: M. Smith, Public Affairs Manager Contact person: Same 330 Distel Circle . Los Altos, CA 94022-1404 Phone:41 F 5-691-1200 � FAX:415-691-04$5 . E-mail:mrosdQnetcom.com 9 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Regional Open S- -ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOL UTION# 9 7- RESOLUTION OFAPPRECIATION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING MICHAEL WESTON WHEREAS, Mr. Michael Weston has a great respect for and love of the open space lands and unspoiled wilderness in the San Francisco mdpeninsula region; and WHEREAS, Mr. Weston recognizes the value, benefit, and advantages of open space preservation and enhancement, both for current and future generations; and WHEREAS, the philosophy, mission and programs of the Midpeninsula Regional Open Space District are supported by Mr. Weston; and WHEREAS,Mr. Weston has generously donated funds to the District, to be used to help acquire, protect, and enhance open space, wildlife habitat, natural lands, and fragile ecosystems, and to help ensure a positive experience for all visitors to the District's public open space lands. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District do hereby thank Mr. Michael Weston for his generous donation, and commend and applaud him for his dedication to open space and his support of the District. Adopted by the Board of Directors January 22, 1997 Regional Open (, we 1 R-97-09 Meeting 97-02 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 22, 1997 AGENDA ITEM Amendment to the Windmill Pasture Area of the Rancho San;Antonio Open Space Preserve Use and Management Plan to Address Parking Issues at the)khus Ridge Road Parking Area GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the following actions are categorically exempt under the California Environmental Quality Act. 2. Tentatively adopt the amendment to the Rancho San Antonio Open Space Preserve Use and Management Plan contained in this report to address parking issues at the Rhus Ridge Road parking area. DISCUSSION In 1987, the District purchased 18.7 acres of land (see report R-87-152) adjacent to Rhus Ridge Road from the Duveneck family as an addition to the Windmill Pasture Area of Rancho San Antonio Open Space Preserve. Parking and public access at Rhus Ridge Road were historical land uses that originated many years prior to the District's acquisition. The District's primary interest in acquiring the land was to ensure that the public would continue to have this opportunity to use these lands as they had in the past. Visitation at all of the District's preserves has significantly increased over the past few years. The existing parking area is inadequate to handle the current level of visitation. The parking area can hold approximately eight vehicles if visitors park efficiently. Regardless of the number of vehicles in the lot, vehicles park along the road most weekends. A sign has been installed alerting visitors that parking is not allowed along Rhus Ridge Road, but this has not been effective because there is no alternative parking location. Also, Rhus Ridge Road is a private road on which neither our ranger staff nor the sheriffs department currently have the jurisdiction to enforce parking regulations. The neighbors who live on Rhus Ridge Road feel that these events have created problems for them. In June of 1996, District staff and an ad hoc committee of the Board met with the neighborhood residents to listen to their concerns and to discuss potential solutions. The neighbors state that they are primarily concerned with visitors parking on the side of the road blocking access to their property, blocking emergency access, and creating a potential for fire in grassy areas. In addition, the neighbors are concerned about liability, easement rights, and road maintenance issues. The neighbors agreed that they wanted the District to keep visitors from parking on the road, that the neighbors do not want visitors walking along the road, and they generally believe 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-97-09 Page 2 that a larger parking lot would attract more visitors and increase their problems. A minority of neighbors felt we should close the existing parking lot and the trail access to the Windmill Pasture Area. District staff met with staff from the Town of Los Altos Hills in June to request that the Town put Rhus Ridge Road under the sheriffs department's jurisdiction so that parking regulations on Rhus Ridge Road could be enforced. The Town was reluctant to undertake this project at the District's request due to a heavy workload that the Council had undertaken regarding other private road issues. Town staff told us that the Council may be more receptive to a request from the neighbors. The neighbors are interested in pursuing this and will be contacting the Town independently to move this request forward. It is possible to maintain private road status and still bring the road under the sheriffs department's jurisdiction. Staff studied the neighbors' concerns, met with staff from the Town of Los Altos Hills, and held another neighborhood workshop in December. In order to balance the concerns of the neighbors with the needs of District visitors, staff recommends the following: • install more signing and new physical barriers to keep vehicles from parking along the side of the road • better delineate the existing lot for more efficient parking • create an overflow parking area to accommodate visitors on days when it is needed • remove the Rhus Ridge Road parking area from our all-site brochure and the Rancho San Antonio brochure so as not to encourage new visitation • encourage all participants in organized group hikes to park at Foothill College and carpool to the trailhead. The first recommendation will need to be done with the adjacent neighbors' permission since the physical improvements are proposed on private property. The neighbors present at the December meeting supported all of the recommendations except the overflow parking area. Staff feels that providing an overflow parking area on an as needed basis is the best alternative. Staff anticipates that the overflow lot would only be needed a few times a year. The District's caretaker and patrol staff report that the heaviest use occurs on spring weekends. On average, there seems to be between 7 to 9 cars on weekends. Neighbors report that on the busiest weekends the number of vehicles reaches between 15 and 20. The caretaker would be responsible for opening the gate and allowing overflow parking beyond the trailer only when the lot reached capacity. Improvements to the clearing would be minor to accommodate overflow parking, while maintaining the aesthetic feel of the clearing (see attached drawing). Staff realizes that the proposed parking solutions at Rhus Ridge Road will provide for neighborhood access but not regional access to the Rancho San Antonio Open Space Preserve. Currently, regional access is only available at Rancho San Antonio County Park R-97-09 Page 3 off of Cristo Rey Drive in Cupertino. Staff pursued another public staging area for the preserve during the approval process for the Quarry Hills Subdivision but was unsuccessful in receiving the Town of Los Altos Hills' support. Staff believes that the only alternative for a regional parking area along Moody Road is to work with Hidden Villa to locate a regional parking area on their property. Staff will be meeting with Hidden Villa to try to achieve regional access to Rancho San Antonio Open Space Preserve. ALTERNATIVES In the course of the study, the following alternatives were explored: 1) Close the existing lot and direct visitors to Foothill College to park and walk to the Rhus Ridge Road trailhead. This alternative will increase pedestrian traffic along Rhus Ridge Road which is narrow and was not designed to accommodate both pedestrian and vehicular traffic. The neighbors are not supportive of pedestrian use on the road. In addition, visitors may not be willing to walk the distance from Foothill College and may park along Rhus Ridge Road anyway. 2) Restrict parking to the parking lot and do not provide overflow parking. As seen on other preserves, visitors will create their own overflow parking, if an alternative is not provided. Visitors often ignore signing and take their chances parking illegally. Visitors may park further down the road, in the lot on the corner of Moody and Rhus Ridge, or at Foothill College and walk in. This would create the same concerns as the alternative above. This alternative will not alter the current situation except create additional frustration among visitors, neighbors, and staff. 3) Create an expanded parking lot. This alternative would provide adequate parking for our visitors. It is strongly opposed at this time by the neighborhood. They feel that it would be growth inducing and as a result, the trailhead would quickly transition from a neighborhood access to a regional access. Because of the lack of support from the neighbors, we have not pursued this option. USE AND MANAGEMENT PLAN RECOMMENDATIONS 1) Install "No Stopping Fire Lane" signs on both sides of Rhus Ridge Road from roughly the fire hydrant to the Fair's driveway (see attached map). These signs will be educational only until such time as the sheriff s department has the jurisdiction to enforce these regulations. 2) Install log barriers at the turn of Rhus Ridge Road above the parking lot to keep vehicles from parking on the cleared areas. Install logs in the parking lot to keep vehicles from driving up the hillside and to better delineate the boundaries of the parking lot. 3) Paint the curb along the Alepin's driveway red, and install "No Stopping Fire Lane" signs. 4) Delineate the parking spaces better to enable visitors to park more efficiently without R-97-09 Page 4 blocking access into the Alepin's residence. 5) Install an informational sign at the entrance to the parking area informing visitors that parking is limited and additional parking is available at Foothill College for carpooling. 6) Provide an overflow parking area in the clearing beyond the caretaker's trailer by mowing and installing log barriers on one side of the clearing (for seasonal use only). 7) Remove the Rhus Ridge Road parking area from our all-site brochure and from the Rancho San Antonio Open Space Preserve brochure so as not to encourage additional use at this parking area. 8) Require all organized group hikes, which require a permit, to park at Foothill College and carpool to the trailhead. CEQA COMPLIANCE The project includes an amendment to the Rancho San Antonio Open Space Preserve and implementation of minor alterations to the existing parking lot and creation of an overflow parking area for the existing Rancho San Antonio Open Space Preserve. Project Determination under CEQA The project is categorically exempt under sections 15301, 15304, and 15311 of the California Environmental Quality Act Guidelines. Categorical Exemption 15301 - Existing Facilities The minor alterations to the existing parking lot consist of better delineation, installation of log barriers, installation of signs, and minor drainage improvements. Categorical Exemption 15304 - Minor Alterations to Land The alterations of land which may be necessary to improve the parking lot and/or create a new overflow lot will be minor. Categorical Exemption 15311 - Accessory Structures Creation of a new overflow lot which will be used on an as needed basis is a minor structure accessory to an existing institutional facility - the preserve. This Rancho San Antonio Use and Management Plan Amendment qualifies under all three sections. Prepared by: Julie C. McCullough, Open Space Planner Contact Person: Same as above MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO RANCHO SAN ANTONIO OPEN SPACE PRESERVE---jr- WAY � t ti a +�-PROPOSED LOGS AREA FOR PROPOSED SIGNING-'r SPLIT RAIL rf i FENCING FIRE HYDRANT O OLEANDER BUSHES . ROAD PECK ROAD LOGS=- : '%'' GATE HOUSE LOT LINE PARKING AREA (APPROX.) TENNIS COURT CURB Al (TO BE PAINTED RED) Q O i SCALE: DIAGRAMMATIC RHUS RIDGE ROAD PARKING ISSUES - RANCHO SAN ANTONIO O.S.P. JANUARY 1996 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GATE =• TRAIL DIRECTIONAL El SIGN-� RESIDENCE CORRAL ; : U . PROPOSED OVERFLOW PARKING FOR �'• ' 8-10 VEHICLES-�� PARKING AREA 1 MEADOW f SCALE: DIAGRAMMATIC f I RHUS RIDGE ROAD PARKING ISSUES - RANCHO SAN ANTONIO O.S.P. JANUARY 1996 Regional Open 5, ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-05 Meeting 97-02 January 22, 1997 AGENDA ITEM Attendance at the 1997 Special District Board Manag ment Ins J tute GENERAL MANAGER'S RECOMMENDA Authorize Directors Cyr and Nitz to attend the 1997 Special District Board Management Institute at a projected cost of $2100. DISCUSSION The 1997 Special District Board Management Institute will be held on Thursday, Friday, and Saturday, February 20, 21, and 22 in Newport Beach, California. Topics to be covered in the program include Board leadership in special government, special district law, financial management and control, personnel policy, planning, communications and community relations, and a special report from Sacramento. The fee for the Special District Board Management Institute is $625 per person. This includes tuition, all instructional materials, Thursday and Friday luncheons, Thursday reception, and continental breakfast each day. Total projected expenses, including fees, airfare, lodging, and meals, are approximately $1050 per person. New board members have attended the Special District Board Management Institute in the past. It is an excellent way for a new Director to gain a comprehensive view of Board responsibilities. I am also planning to attend this year with Directors Cyr and Nitz. Prepared by: L. Craig Britton, General Manager Contact person: Same as above 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Claims No. 97-02 Meeting 97-02 Date: Jan. 22, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1442 922.87 ACE Fire Equipment & Service Company Fire Extinguisher Servicing 1443 219.82 Acme & Sons Sanitation Sanitation Services 1444 494.84 ADT Security Systems Alarm Service and Installation 1445 107.70 Kristi Altieri Reimbursement--Supplies 1446 298.30 A T & T Telephone Service 1447 1,706.16 Big Creek Lumber Fence Posts 1448 425.00 L. Craig Britton Reimbursement--Asilomar Conference 1449 107.75 Butler's Uniforms Uniform Expense 1450 87.16 California Water Service Water Service 1451 64.35 Camino Medical Group Medical Services 1452 62.61 Continuing Education of the Bar Resource Documents 1453 166.19 Clark's Auto Parts/Machine Shop Vehicle Repairs and Parts 1454 65.28 Conney Safety Products Safety Supplies 1455 105.99 Annette Coleman Reimbursement--Bicycle Supplies 1456 50.00 Jim Davis Automotive Vehicle Smog Checks 1457 127.68 Dynamed Safety Supplies 1458 49.67 EMED Company Inc. Signs 1459 250.00 Enshallah Developments, Inc. Consulting Services--Teague Hill 1460 352.50 Evergreen Environmental Services Enterprise Rental Repairs 1461 67.50 Federal Express Express Mail 1462 40.35 Film to Frame Film Developing and Prints 1463 10.65 Foster Brothers Security Systems, Inc. Keys 1464 336.21 Gardenland Power Equipment Equipment Parts 1465 24.51 G & K Services Shop Towel Service 1466 57.68 G I Trucking Company Freight Transfer--Restroom Chemicals 1467 492.47 Goodyear Auto Service Center Tires 1468 1,898.61 Grainger Air Compressor and Accessories 1469 85.26 GTE Mobilnet Cellular Phone Service 1470 30.00 Heritage Council of Santa Clara County Membership 1471 155.35 The Home Depot Field Supplies 1472 10.60 Honda Peninsula Equipment Part 1473 844.40 Jakaby Engineering Engineering Services--La Honda Bridge 1474 39.55 Javelco Equipment Service, Inc. Equipment Parts 1475 2 Kal Construction Homestead House Stabilization Project 15,170.86 1476 144.13 Lab Safety Supply Safety Signs 1477 525.81 Los Altos Garbage Company Dumpster Service 1478 250.00 League of California Cities Subscription Renewal 1479 561.60 Merwin A. Mace Acquisition Consulting 1480 300.39 Marin Supply Company Restroom Supplies 1481 210.00 Marie Mc Gough Accounting Consulting Services 1482 262.91 McGrath RentCorp Skyline Office Building Rental 1483 537.51 MetroMobileCommunications Radio Antennas 1484 1,925.46 Micro Accounting Solutions Computer Products and Consulting 1485 659.09 Minton's Lumber & Supply Field Supplies 1486 316.99 Moffett Supply Company Janitorial Supplies Page 1 Claims No. 97-02 Meeting 97-02 Date: Jan. 22, 1996 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1487 405.94 Monogram Sanitation Restroom Chemicals 1488 15.79 Noble Ford Tractor, Inc. Tractor Parts 1489 490.43 Office Depot Office Supplies 1490 486.76 Orchard Supply Hardware Field Supplies 1491 861.84 Pacific Bell Telephone Service 1492 393.80 Page & Turnbull Picchetti Ranch Stabilization Project 1493 168.66 Pearson GMC Vehicle Repair Parts 132.72 1494 21.55 Peninsula Blueprint, Inc. Xerox Copies 1495 515.48 Pinecone Lumber Co., Inc. Lumber 1496 167.32 PIP Printing Trail Map and Newsletter Printing 1497 156.00 Pitney Bowes Inc. Equipment Maintenance Service 1498 218.39 Rabbit Copiers, Inc. Copy Machine Maintenance Service 1499 34.13 Rayne Water Conditioning Water Service 1500 4,250.14 Roys Repair Service Vehicle Repair 1501 R.V. Cloud Field Supplies 117.66 1502 55.30 David Sanguinetti Reimbursement--Consumables 1503 100.00 T A Saviano Rail Cap Construction 1504 46.80 State Board of Equalization Fuel Tax 1505 1,355.00 Teater & Etc. Map Graphics and Visitor Guides 1506 330.00 Terminix Pest Control Service 1507 26.37 Tooland, Inc. oil 1508 30.60 T S I Time Systems Office Supplies 1509 126.38 Turf & Industrial Equipment Co. Tractor Parts 1510 25.95 University Art Center Planning Office Supplies 1511 217.42 WearGuard Uniforms 1512 47.43 Michael Williams Vehicle Expense 1513 300.00 Roberta Wolfe Recording Services 1514 238.71 The Workingman's Emporium Uniforms 1515 115.50 Yardbird Equipment Sales Field Supplies 1516R 45.00 Best Internet Communications Internet Service 1517R 75.00 Whitmore, Johnson & Bolanos Seminar Registration-D. Dolan 1518R 292.17 Petty Cash Business Meetings, Training Supplies, Registration Fee and Office Supplies Total 42,317.34 Page 2 Claims No. 97-02 Meeting 97-02 Date: Jan. 22, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1442 922.87 ACE Fire Equipment & Service Company Fire Extinguisher Servicing 1443 219.82 Acme & Sons Sanitation Sanitation Services 1444 494.84 ADT Security Systems Alarm Service and Installation 1445 107.70 Kristi Altieri Reimbursement--Supplies 1446 298.30 A T & T Telephone Service 1447 1,706.16 Big Creek Lumber Fence Posts 1448 425.00 L. Craig Britton Reim bursement--Asiloma r Conference 1449 107.75 Butler's Uniforms Uniform Expense 1450 87.16 California Water Service Water Service 1451 64.35 Camino Medical Group Medical Services 1452 62.61 Continuing Education of the Bar Resource Documents 1453 166.19 Clark's Auto Parts/Machine Shop Vehicle Repairs and Parts 1454 65.28 Conney Safety Products Safety Supplies 1455 105.99 Annette Coleman Reimbursement--Bicycle Supplies 1456 50.00 Jim Davis Automotive Vehicle Smog Checks 1457 127.68 Dynamed Safety Supplies 1458 49.67 EMED Company Inc. Signs 1459 250.00 Enshallah Developments, Inc. Consulting Services--Teague Hill 1460 352.50 Evergreen Environmental Services Enterprise Rental Repairs 1461 67.50 Federal Express Express Mail 1462 40.35 Film to Frame Film Developing and Prints 1463 10.65 Foster Brothers Security Systems, Inc. Keys 1464 336.21 Gardenland Power Equipment Equipment Parts 1465 24.51 G & K Services Shop Towel Service 1466 57.68 G I Trucking Company Freight Transfer--Restroom Chemicals 1467 492.97 Goodyear Auto Service Center Tires 1468 1,898.61 Grainger Air Compressor and Accessories 1469 85.26 GTE Mobilnet Cellular Phone Service 1470 30.00 Heritage Council of Santa Clara County Membership 1471 155.35 The Home Depot Field Supplies 1472 10.60 Honda Peninsula Equipment Part 1478 844.40 Jakaby Engineering Engineering Services--La Honda Bridge 1474 39.55 Javelco Equipment Service, Inc. Equipment Parts 1475 2,619.15 Kai Construction Homestead House Stabilization Project 1476 144.13 Lab Safety Supply Safety Signs 1477 525.81 Los Altos Garbage Company Dumpster Service 1478 250.00 League of California Cities Subscription Renewal 1479 561.60 Merwin A. Mace Acquisition Consulting 1480 300.29 Marin Supply Company Restroom Supplies 1481 210.00 Marie Mc Gough Accounting Consulting Services 1482 262.91 McGrath RentCorp Skyline Office Building Rental 1483 537.51 MetroMobileCommunications Radio Antennas 1484 1,925.46 Micro Accounting Solutions Computer Products and Consulting 1485 659.09 Minton's Lumber & Supply Field Supplies 1486 316.99 Moffett Supply Company Janitorial Supplies Page 1 Claims No. 97-02 Meeting 97-02 Date: Jan. 22, 1996 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1487 405.94 Monogram Sanitation Restroom Chemicals 1488 15.79 Noble Ford Tractor, Inc. Tractor Parts 1489 490.43 Office Depot Office Supplies 1490 486.76 Orchard Supply Hardware Field Supplies 1491 861.84 Pacific Bell Telephone Service 1492 393.80 Page & Turnbull Picchetti Ranch Stabilization Project 1493 160.00 Pearson GMC Vehicle Repair Parts 1494 21.55 Peninsula Blueprint, Inc. Xerox Copies 1495 515.48 Pinecone Lumber Co., Inc. Lumber 1496 167.32 PIP Printing Trail Map and Newsletter Printing 1497 156.00 Pitney Bowes Inc. Equipment Maintenance Service. 1498 218.39 Rabbit Copiers, Inc. Copy Machine Maintenance Service 1499 34.13 Rayne Water Conditioning Water Service 1500 4,250.14 Roys Repair Service Vehicle Repair 1501 150.00 R.V. Cloud Field Supplies 1502 55.30 David Sanguinetti Reimbursement—Consurnables 1503 100.00 T A Saviano Rail Cap Construction 1504 46.80 State Board of Equalization Fuel Tax 1505 1,355.00 Teater & Etc. Map Graphics and Visitor Guides 1506 330.00 Terminix Pest Control Service 1507 26.37 Tooland, Inc. Oil 1508 30.60 T S I Time Systems Office Supplies 1509 126.38 Turf & Industrial Equipment Co. Tractor Parts 1510 25.95 University Art Center Planning Office Supplies 1511 217.42 WearGuard Uniforms 1512 47.43 Michael Williams Vehicle Expense 1513 300.00 Roberta Wolfe Recording Services 1514 238.71 The Workingman's Emporium Uniforms 1515 115.50 Yardbird Equipment Sales Field Supplies Total 29,413.48 Page 2 Rqgional Open we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager if DATE: January 22, 1997 SUBJECT: FYI 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 FAX:415-691-0485- E-mail: mrosd@openspace.org 0 Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C_Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz , General Manager:L.Craig Britton s II Regional Open Soce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM January 22, 1997 TO: Craig Britton, General Manager FROM: J. Escobar, Operations Manager .I. Isaacs, Resource Management Specialist SUBJECT: Proposed oak tree removal at Rancho San Antonio Open Space Preserve The Foothills staff has raised concern about the conditions of several Coast Live Oak trees (Quercus Agrifolia) that line the trail and road between the preserve entrance and the permit parking area of Rancho San Antonio Open Space Preserve. Consulting Arborist, James Scott examined these trees and determined that ten of them to clearly show poor health conditions. The Arborist recommendation is to remove four trees and prune specific branches from six others in the identified area. The trees show signs of structural weakness from branch decay, decay pockets in the buttress roots, and loose bark which indicates dead tissues and diseased conditions. Because of the close proximity of the trees to frequently traveled roads and trails, they pose a public safety concern. As has been the District's policy in the past, only trees that pose a threat to public safety will be removed. Others will be left to follow the natural successional process. Several large branches have fallen close to the road and trail during the recent storms demonstrating the immediacy of the project. Given the public interest typically noted in work at Rancho San Antonio Open Space Preserve, we would like you to inform the Board of the proposed work. Staff will post interpretive signs in the area explaining the oak tree pruning and removal project at least a week in advance of the proposed work. Restoration of the area is already well underway. Over a hundred acorns and seedlings of Coast Live Oaks and other native plants were planted in 1992. Volunteer days are currently scheduled to continue this restoration effort in spring of this year. Please contact Jodi Isaacs if you have any questions on the project or would like to review a copy of the Arborist report. Slides of the trees and area are available for the Board meeting should there be an interest in seeing the extent of the problem. cc: Annette Coleman STATE OF CALIFORNIA—THE RESOURCES AGENV. PM WILSON,Govonw DEPARTMENT OF PARKS AND RECREATION P.O.BOX 942896 . SACRAMENTO 94296.0001 (916) 653-7423 Jay i� January 15, 1997 Mr. Craig Britton, General Manager Midpeninsula R.O.S.D. 330 Distel Circle Los Altos, CA 94022 Attention:Del Woods Dear Mr. Britton: We are pleased to inform you that your Lobitus Creek Headwaters (HA-41-002) project has been recommended for funding under the Habitat Conservation Fund Program in the amount of $420, 500. The funding of your project is dependent upon Legislative approval . Assuming approval, a contract obligating the funds will be forwarded to you for signature after passage of the State Budget - around July 1997 . We no longer review and approve acquisition or development documents . Instead, you are required to certify to the adequacy of your acquisition and/or development process . The appropriate certification forms will be mailed to you, along with the contract. Congratulations for submitting such a competitive proposal . If you have any questions, please call your project officer, Keith Steinhart at 653-8893 . Sincerely, Odel T. King Jr. , Manager Local Services Section Date: Mon, 20 Jan 97 08:21:16 PST From: "BKAIN" <BKAIN((�,interlink.mdyn.com> To: mrosd(�,)openspace.org Subject: ROMP Appreciation Dear Malcolm Smith and David Smernoff, On behalf of ROMP (Responsible Organized Mountain Cyclists) and the local cycling communitv. ROMP would like to express our appreciation for your response to the article by Mr. Stienstra. Mr. Stienstra's articles present one position of an emotional issue that contains many sides. His position is somewhat extreme. His articles definitely work to support that position. Unfortunately many folks who read the articles do not realize that what they are reading is one persons misguided perspectives and not the facts or the realities of the situation. As long as there is open space there will be issues of one type or another. Objective information, both current and accurate, is very necessary if we are to continue to make progress in dealing with current issues. The District has been a model that other land managers should emulate. The cycling community recognizes this. The open and pragmatic approach of the staff and Ward Directors has made it possible for the District and various users to disregard false information and deal with the real issues at hand. We look forward to a continued relationship of cooperation and understanding. Sincerely, Bob Kain President, ROMP From: IMBAMSK0q,,aol.com Date: Sat, 18 Jan 1997 04:23:14 -0500 (EST) To: mrosd@openspace.org, rompgcycling.org Subject: Re: MROSD response to Stienstra article Dear Malcolm Smith and David Smemoff, I was tremendously pleased to see your response to Stienstra's "article". We in the Bay Area cycling community have always been proud of our association with the Midpeninsula Regional Open Space District. It is clearly a pro-active agency, which considers the needs of all users as well as preservation of the environment. We look forward to continuing to work together through the years. As always, please let us know if we can be of any assistance. Very truly yours, Michael Kelley International Mountain Bicycling Association 1 MEMORANDUM January 10, 1997 TO: All Staff FROM: J. Isaacs, Resource Management Specialist RE: Low Levels of Sylvatic Plague in Some Carnivores at Windy Hill/Skyline Area. During testing for Cat Scratch Fever, Santa Clara Vector Control found low titer (percentage of plague in blood) levels of Sylvatic Plague in some of the blood samples from wild carnivores (2 of 8 caught) in the Windy Hill / Skyline area. Sylvatic Plague is generally confined to wild animal populations. It has not yet been detected in rodent (i.e., ground squirrels, pocket gophers) populations. For this reason, Vector Control has emphasized that this is only an early detection and human infection is extremely unlikely. Background Some rodents, such as deer mice, are animal reservoirs of plague; they tolerate the disease with no effects. These animals are the basic link in the disease cycle and supply the fleas that may transfer the infection to larger, more susceptible species. On the other hand, plague-susceptible rodents, such as ground squirrels, are called "amplifying hosts" because they are highly infective and enable the disease to spread rapidly. Plague found in reservoir species is referred to as "enzootic." Plague introduced into amplifying hosts is designated "epizootic." Plague in susceptible rodents usually results in death. This causes fleas to abandon their host which increase the potential of infections to humans through a flea bite. Fleas from the susceptible hosts are not as rodent specific as reservoir rodent fleas are, and will readily bite humans if the usual host is not available. For these reasons, epizootic plague creates a markedly increased risk for human exposure to the infection. The findings at Windy Hill/Skyline area are considered enzootic plague; thus, there is a much lower risk to humans. Currently, we are working with Vector Control to determine possible precautionary measures to take at Windy Hill. We will be deciding if posting the area, monitoring rodent populations, or possibly trapping rodents and testing for plague is necessary. Until plague is noticed in rodent populations, Vector Control feels the risk of human infection is extremely low. 2 What You Needs to Do Please report any significant abnormalities in animal health, behavior, or numbers. Any animal die-off needs to be investigated to determine whether epizootic plague is in progress and whether the public is at risk of contracting the disease. If you notice dead rodents, try to determine the species, a rough population estimate (i.e., number of burrows), and the level of contact humans have with the rodent population in the area. An effort should be made to obtain fresh suspect rodent carcasses. Do not directly handle suspect rodents. A safe method of picking up suspect rodents involves reaching through a plastic bag to retrieve the animal, inverting the bag over the animal without touching it, sealing the bag, and labeling the outside of the bag. Laboratory confirmation of plague from a suspect rodent submitted from the die-off area may trigger a more intensive survey, risk evaluation, and recommendation for control to protect public health. ADDITIONAL FACTS Plague in Domestic Animals • Domestic animals, especially dogs and cats, are susceptible to plague infection, but are not part of the natural transmission cycle. • As in wild carnivores, infected dogs develop antibody titers and in most cases do not show symptoms. • Cats can acquire plague from feeding on infected reservoir or susceptible rodent species. Consequently, cats can serve as the intermediate transmitter of inefective plague to humans during both enzootic and epizootic disease cycles. Exposure to Plague Humans can be exposed to plague in the following ways: • Flea bites from infected rodents. Hungry fleas will leave a sick or dead rodent to find another host and may bite people. • Direct contact with sick animals. The bacteria in the blood or other body fluids of an infected animal can enter through cuts and abrasions on the hands or mucous membranes. • Pets. 1) Fleas from infected rodents can be brought into the home or campsite by a dog or cat. 2) Plague pneumonia can be caught from a sick cat that is coughing or sneezing. Please contact me if you have any questions or would like more information. Regional Open ,(. ice --------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors f FROM: C. Britton, General Manager DATE: January 16, 1997 SUBJECT: FYI 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton 01/15/97 16:36 &4158547703 POST Q 001 ors `a r ' Peninsula Open Space Trust FOR IMMEDIATE RELEASE January 16, 1997 BAIR ISLAND SAVED Menlo Park, CA— The Peninsula Open Space Trust (POST) has negotiated an agreement to purchase Bair Island, the largest unprotected, restorable wetland remaining in San Francisco Bay. POST has signed a letter of intent with current owner Redwood Shores Properties, an affiliate of Kumagai Gumi Co., Ltd. of Tokyo, to buy the land for $15 million. The agreement caps a decade long effort to save the Bay's most important unprotected wetland habitat. "This is a great way to start a new year," exclaimed Audrey Rust, Executive Director of POST. "Saving Bair Island is a dream shared by many. The 1,626 acres of Bair Island that we are buying will mean that the entire 3,200 acre island can become protected habitat. The marshes and tidal waterways are critical to wildlife, home to several endangered species and an important stop for birds migrating along the Pacific Flyway. "This is an exciting opportunity and an important event for everyone who cares about the quality of life around the Bay," continued Rust. "It is also the beginning of a lot of hard work. POST will have to raise the money to pay off the purchase price which will be a major effort. When this is done, Bair Island will finally be transferred into public ownership for permanent protection." Nearly one half of Bair Island is already protected and under public or conservation ownership. The agreement with Redwood Shores Properties, a real estate and development company, includes the land closest to the Bayshore Freeway. The actual transfer of ownership should occur sometime in May or June. The purchase is being financed principally by a short term loan from a private Bay Area source. Redwood Shores spokesperson Joshua Steinhauer said, "When we decided to sell the land to an environmental organization, we found POST ready to do business. We are pleased the negotiations have gone smoothly and believe that the protected status of Bair Island will not only benefit the entire Bay Area, but will enhance the value and attractiveness of our neighboring Redwood Shores development. Redwood Shores Properties has been considering sale of the property to the government or a conservation interest for sometime." 3CC0 Sand Hill Road,4-135 Menlo Park,U forma 94025 Tel: (415)854-7696 cax (415)854-7703 Recycled Paper 01/15/97 16:37 e4158547703 POST ( i002 "When POST was in a position to make an immediate offer for Bair Island, Redwood Shores Properties and their parent company, Kumagai Gumi, were quickly responsive. They understood what we were trying to accomplish and dealt with us in a most professional manner." said Rust. Bair Island consists of a series of tidal marshes and winding waterways and is actually three islands: Inner, Middle and Outer Bair islands, sometimes referred to collectively as South Shores. Earlier this century the island was used for cattle grazing. Later it was bought by Leslie Salt, which built a series of levees and used the island as salt evaporation ponds. The salt company sold Bair Island to Mobil Land Development, which filed plans to build "South Shores," an office and residential development on the island. Redwood City residents, recognizing the unique environmental value of the island, rejected Mobil's plan in a 1982 referendum, "Measure O." Since Redwood Shores Properties acquired ownership in 1989 there has been no development on the site and no development plans have been submitted. The environmental value of the land is immense. When the area is opened to tidal action, native plants, birds and mammals will return. The marshy island will provide valuable, natural cleansing action for the Bay's waters. "Nature is very forgiving," Rust explained. "When Bair Island is fully restored, it will serve as a most important habitat for shorebirds, migrating birds and several endangered species including the California clapper rail, the California least tern and the salt marsh harvest mouse. In fact, restoration of Bair Island will double the habitat for the clapper rail. The peregrine falcon and the brown pelican also hunt or feed there. More than 125 species of birds and 13 types of mammals live on Bair Island." For more than a decade POST and local environmental groups have been trying to protect Bair Island. Its preservation has been identified as a top priority of both the state and federal government. In 1994 10 local members of Congress went on record in support of federal funds for acquisition of the island. Local groups such as the Bay Area chapters of the Audubon Society, the Citizens' Committee to Complete the Refuge and Friends of Redwood City have lobbied energetically to return Bair Island to its natural state. POST plans to transfer ownership of the land to the U.S. Fish and Wildlife Service once funding is secured from the federal Land and Water Conservation Fund and private contributions. 2 of 3 01/15/97 16:38 '&4158547703 POST Q 0 0 3 The federal funds may prove a challenge when Bay Area citizens and representatives attempt to get Washington's support for saving Bair Island. "The Land and Water Conservation Fund (LWCF) was set up to be fully funded by fees from offshore drilling, but each year the administration and Congress have stripped most of the money. " explained Rust. "The net effect is that, nationwide, the effort to protect our natural treasures is being crippled. Currently although the fund is raising almost $900 million a year in drilling taxes, only $138 million is allocated for its intended purpose. In this climate we have a lot to accomplish before we can relax on the Bair Island issue. "When you consider that more than 90% of San Francisco Bay's wetlands have been developed, you can understand how important preserving Bair Island is to our water quality and to wildlife habitat. POST will be reaching out to everyone in the Bay Area to help protect this land," Rust added. With the purchase of Bair Island, POST, a not-for-profit land conservancy, will have helped to protect 35,000 acres of San Mateo and Santa Clara County open space, lands that include forests, beaches, hillsides, meadows, wetlands and agricultural lands. Bair Island is the fourth property that will be protected through POST's "Campaign to Save Essential Open Space," and joins Portola Valley's Corte Madera lands, Cloverdale Coastal Ranch south of Pescadero, and Miramontes Ridge off Highway 92 as lands that will be permanently protected through this campaign. -30- For further information: Audrey Rust, Executive Director, Peninsula Open Space Trust, (415)854-7696 Josh Steinhauer, Redwood Shores Properties, (415) 372-9880 Marge Kolar, U.S. Fish & Wildlife Service, Refuge Manager, (510) 792-0222 3 of 3 01/15/97_ 16:39 $4158547703 POST 9 004 }_ w 1 5 s }ip Peninsula Open Space Trust BAIR ISLAND FACT SHEET GEOGRAPHY • Bair Island is the largest,remaining,restorable wetland area in the south San Francisco Bay. • Bair Island consists of 3200 acres(1328 hectares) of marsh,wetland and diked Bay wetland. • The vast majority(90%+)of San Francisco Bay's historical wetland habitat has been paved,filled,drained or diked since 1848.This deprives the Bay of natural flood control,water cleansing,wildlife habitat and food chain support. • Bair Island actually consists of three separate areas: Inner,Middle and Outer Bair islands as well as the meandering waterways(creeks and sloughs)which connect them. • It is located immediately east of Highway 101 in Redwood City and stretches out to the open Bay. NATURAL RESOURCES • Bair Island is the home to three endangered species the California clapper rail,the California least tern(both shorebirds) and the salt marsh harvest mouse(which,many scientists believe,is the only land mammal to drink exclusively salt water). • Other threatened or endangered birds,the peregrine falcon and brown pelican,also hunt or feed there. 82 species of water birds,44 land birds and 13 types of mammals live or feed on Bair Island.The area is also important habitat for 63 species of fish as well as invertebrates,grasses and other plants. It is a vital stop for migrating birds on the Pacific Flyway. • Middle and Outer Bair are totally separated from the mainland and are thus ideal habitat for a variety of imperiled animals and native plants. HISTORY OF BAIR ISLAND OWNERSHIP • Bair Island is named for Fred Bair,a cattle rancher in the 1920s who used the area to graze his herds. Later,Leslie Salt Company diked the area and operated a series of salt ponds in the'50s and'60s.In the'60s Leslie began planning real estate developments in the area,but ran into financial problems. In 1973 Mobil Land Development bought the area(including Bair Island) and operated as"Redwood Shores,Inc." (The area now known as Redwood Shores is just north of Bair Island.) 3000 Sand Hill Road.4- 35 4ienlo Park,California 94025 1 of 2 Tel: (415)854-7696 Fax: (415)854-7703 Recycled Paper 01/15/97 16:40 V4158547703 POST z pOJ • Mobil proposed a development on Bair Island called "South Shores,"but in 1982 voters in Redwood City rejected Mobil's plan. Arguments by opponents of the development included quality of life and wildlife habitat issues. • Mobil sold Redwood Shores and Bair Island holdings in 1989,after a series of transactions to Redwood Shores Properties,an affiliate of Kumagai Gumi Co., Ltd. of Tokyo. • Kumagai Gumi agreed to sell their Bair Island holdings,roughly half of Bair Island, (1626 acres or 658 hectares) to the Peninsula Open Space Trust(POST) in January, 1997 for$15 million. POST is a nonprofit land conservancy which acquires natural areas in San Mateo and Santa Clara Counties for permanent protection and preservation. STATUS TODAY • The area being sold is currently kept dry with dikes,pumps and siphons. • The areas of Outer Bair Island which are under public ownership have largely returned to their natural state.Restoration has occurred naturally after the dikes were breached and the Bay's tidal action was allowed to resume. BAIR ISLAND'S FUTURE STATUS • The area bought by POST has excellent prospects for natural restoration with native plants,mammals and birds likely to reestablish themselves throughout the area. Restoration will be the responsibility of the U.S. Fish and Wildlife Service (USF&WS). • Bair Island has been on the priority acquisition lists of the U.S.Fish and Wildlife Service and the California Department of Fish and Game for years. It is the top priority acquisition for Region 1 (Washington,Oregon,California, Nevada,Idaho,Hawaii,Guam)for the USF&WS. • In 1988 Congress voted to expand the San Francisco Bay National Wildlife Refuge. In 1994 ten Bay Area members of Congress signed a letter favoring the federal government buying Bair Island for expansion of the refuge. • POST intends to transfer Bair Island to the U.S.Fish&Wildlife Service for inclusion in the Don Edwards San Francisco Bay National Wildlife Refuge once funds have been raised to actually pay for the land. POST hopes that$10 million will come from the Federal Land &Water Conservation Fund,and that POST will raise the remaining$5 million locally as part of its$28.5 million,three year land acquisition campaign. Bair Island was one of the 12 areas targeted when the campaign was announced in September, 1996. • The Federal Land &Water Conservation Fund is financed by offshore gas and oil drilling taxes which raise almost$900 million per year. However, the administration and Congress have actually appropriated only$138 million this year for the Fund to perform its legal function: acquire areas for conservation and recreation purposes. 2 of 2 01/15/97 16:40 V4158547703 POST J006 Peninsula Open Space Trust Bair Island N Foster City 4 ti Redwood Don Edwards ` "Y ' San Francisco Bay Shores ;ems_� NatFonal Wildlife Refuge 101 L, iR !S ! F f , 9 - r Sa Carlos dgewo d Redwood City County 0 , 0 1 tulle 1/97 Regional Open Ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 15, 1997 Honorable Joe Simitian Santa Clara County Board of Supervisors 70 W Hedding, I Oth Floor San Jose. CA 95110 Dear Supervisor Simitian: As the newly-elected representative for ward 3 on the Midpeninsula Regional Open Space District Board of Directors, I'd like to introduce myself to you and other local elected officials. It is in\- pleasure to serve on the Board as the representative for the District's constituents within the City of Sunnyvale. The Midpeninsula Regional Open Space District is a public agency formed by the voters in 1972 to preserve a regional open space greenbelt in the midpeninsula area. The District stretches from San Carlos in the north, to Los Gatos in the south, and includes 16 cities and parts of unincorporated San Mateo and Santa Clara Counties. Since 1972, the District has acquired and preserved over 41,000 acres of open space, managed in 23 open space preserves which contain over 200 miles of trails. The District is funded by a small percentage of the annual local property tax collected within its Jurisdiction, currently amounting to approximately $10 million. I have been a teacher in the Sunnyvale School District since 1966 and have lived in Sunnyvale since 1968. 1 voted for the formation of the Midpeninsula Regional Open Space District in 1972. and many times have had the privilege of hiking in the District's preserves. I look forward to working with you and other members of the Santa Clara County Board of Supervisors on issues of mutual interest. Please feel free to contact me through the District if I can be of any service, or answer any questions you may have. Sincerely, J. Edmond(Jed) Cyr, Jr. Member, Board of Directors JEC/mcs cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton INTER-OFFICE MEMORANDUM January 13, 1996 TO: Craig Britton, General Manger FROM: John Escobar, Operations Manager SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month December Year 1996 VIOLATIONS TOTALS ACCIDENTS TOTALS Bicycles Bicycle 2 Closed area 8 (7) Equestrian 0 Speed 3 (0) Hiking/running 0 Helmet 5 (5) Other first-aid 0 Night riding 0 Search/recovery I Dogs Helicopter evacuations — 1 Prohibited area 2 (0) Off-leash 3 (0) ENFORCEMENT Fishing 0 Citations 19 Off-road vehicles 1 (1) Written warnings 26 Closed area 0 Police assistance 0 After hours 2 (2) Arrests 0 Weapons Alarm sounding I Actual contacts 0 Reports only 0 CRFVM Vandalism 1 Auto burglaries 0 Parking 7 (3) Resisting officer 0 After hours parking 14 (1) False information 1 Dumping/littering 0 Theft 1 Campfire I Suicide I Group use by bike racing team 1 MUTUAL AID Unauthorized Accidents —2 trail construction 1 Fire-Medical aid 1 Storm damage - number of citations issued tree clearing 1, SUMMARIES OF SIGNIFICANT INCIDENTS Dec. 1: A jogger at St. Joseph's Hill discovered a bicycle accident victim about 10 minutes after his handlebars broke, causing him to fall. He hit a rock and his helmet broke into pieces. He estimates he was going about 15 to 18 mph at the time of the accident. He was flown to Valley Medical Center by Life Flight. T. Randall, K. Miller, Central fire, Santa Clara sheriffs' office and county parks assisted. The patient has a cervical spine fracture and 100% recovery is expected. Dec. 1: A woman reported to K. Miller that two weeks ago she had been "nearly killed" by a speeding cyclist at St. Joseph's Hill. The cyclist was reported to be part of a racing team using the preserve as a training area. Dec. 3: T. Randall discovered an illegal trail at Sierra Azul. A former roadbed had been reopened and some new trail pad had been constructed. Considerable brushing had been accomplished. Evidence found suggests that herbicides may have been utilized as well. Dec. 16: A neighbor reported they found a fire ring at La Honda Creek OSP. L. Paterson investigated and found the recently used fire ring on the former Harmon property. Fire rings have been found at the same location in the past. A ceremonially wrapped stick was also found. Dec. 20: J. Kowaleski found that his fire gear was missing from his vehicle tool locker, an apparent theft. All other tools, his fire helmet and goggles were left in place. Dec. 27: A suicide victim was discovered hanging 60' up in a Douglas Fir tree on the Harkins Ridge Trail at Purisima. The person had been the subject of an extensive search on Nov. 27, 28, and 29. The body was removed by San Mateo County Sheriffs Search and Rescue Team. L. Hyman, L. Paterson, D. Danielson. Dec. 29: A major wind and rain storm caused road closures and power outages in the Skyline Area. District staff assisted CDF and CalTrans in clearing trees from Skyline Blvd. on two occasions. The Skyline office and several ranger residences were without power for almost 48 hours. Regional Open SGce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 14, 1997 Glenn Schwartz, Sports Editor San Francisco Chronicle P.O. Box 7260 San Francisco, CA 94119 Dear Mr. Schwartz: I'd like to comment on Tom Stienstra's January 5 Outdoors column. specifically his reference to the issue of mountain bikes on Midpeninsula Regional Open Space District trails. Mr. Stienstra's essays on the outdoors and the environment are thought-provoking and enjoyable. However, I must point out that it's inaccurate to liken the District's relationship with mountain bicyclists to a battleground. In fact, our relations with individual bicyclists and with advocacy groups such as Responsible Organized Mountain Pedalers (ROMP) is more accurately characterized as one of cooperation, collaboration, and compromise. Unfortunately, the media has typically over-played the "hikers vs. bikers" angle which is, in the District's jurisdiction, not only inaccurate but counter- productive. To be sure, there are complaints and criticisms from both the hiking and bicycling communities, directed at each other. Human nature being what it is, this is to be expected and we try to mitigate circumstances which lead to such concerns. But the District has a history of bringing these groups together and working out compromises on the major issues, such as our Trail Use Guidelines and a recent trails plan at El Corte de Madera Creek Open Space Preserve. These documents, created through a cooperative effort, illustrate our constituents' willingness to work towards common solutions that meet the needs of all visitor groups, as well as the District's resource protection policies. The District's goal is to accommodate the diversity of allowable uses on the preserves, including mountain bicycling, when such uses are in compliance with District regulations and resource protection policies. District trails are certainly not the "one big battleground remaining." Cooperative multi-use on the trails is a reality, and in fact the District's rangers patrol on foot, in trucks, and on mountain bikes. Cooperative planning and development of trail guidelines is something the District is committed to implementing. The long-term solution to multi-use on the trails must be cooperation, not conflict. Sincerely, David Smernoff Director, Ward 4 cc: MROSD Board of Directors 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:415-691-1200 . FAX:415-691-0485 . E-mail:mrosd@netcom.com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton 4 Save Skyline Open Space A committee formed by residents of Kings Mountain 1/7/97 UPDATE TO THE RUSSIAN ORTHODOX CHURCH PROPOSED PROTECT The following are major points relating to the proposal : SUBDIVISION Without public comment or notice, the Preliminary Concept Plan has been amended to include a 40 acre subdivision. The purpose remains unstated. WILLIAMSON ACT • A development of this scope is unprecedented on land designated under the Williamson Act for open space preservation. • The transfer of water density credits from other agricultural and open space land to this parcel, which is also designated for open space preservation, is also unprecedented. SAFETY Introduces a major traffic hazard. The entrance to this development, is through a one way road, located above a dangerous rising curve on Skyline Blvd. with substandard visibility. INCREASED USE In order to be financially self sufficient, the Convent will need to attract customers for bakery goods,books, candles and other products, coupled with funerals, conventions, and a hotel-like operation. INCREASED IMPACT Dramatically increased environmental impact on water usage, tree removal, and visibility from scenic highways. OPEN SPACE This site is identified in the Bay Areas 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. The 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. PUBLIC FEARING The first public hearing on the Preliminary Concept Plan is scheduled for Wednesday,January 22, 1997 at 10:00 AM in the Hall of Justice, 401 Marshall Street, Redwood City in the Board of Supervisors Chambers Please plan to attend f ti Save Skyline Open Space A committee formed by residents of Kings Mountain Since you have signed the petition opposing the development, we thought you would be interested in the following update. (Please excuse any misspelled names as they were taken directly off the hand written petitions.) There have been two petitions to date. The first was directed and submitted to the Midpeninsula Regional Open Space District with 219 signatures, (mostly Kings Mountain residents) asking to begin the process of acquiring the 288 acre parcel for public use. As requested, the MROSD Board of Directors voted unanimously to hire an appraiser to establish a fair market value for the acreage. This action is no guarantee a purchase will be made, but the initial step has begun. The second petition, directed to San Mateo County Planning is still open, and is available for signature at the Country Store at 13100 Skyline Blvd. Please encourage your family and neighbors to sign. To date 175 have. It will be submitted to County Planning on Jan. 22. The Church's developers previously described the Convent in a pastoral setting, to be used exclusively by 20 cloistered Nuns. The representatives stated that none of the buildings, including a large guilded onion shaped dome on the Chapel, would be seen from Skyline Blvd. All of this has changed dramatically. The buildings would be in plain view of Skyline Blvd, including, Highway 92, and Highway 1, as well as all the surrounding open space area. The total square footage of buildings originally proposed by the developers totaled 13 to 15,000 sq. ft. It is now 18,035 sq ft. The combined facilities include a publishing room, library or book store, candle shop, a large bakery, a large work room, 8 rooms for outside guests, 2 rooms for visiting clergy, bells, a 25 car parking lot, a duplex to house the priest and caretaker, and 2 or 3 vegetable gardens. Since the Churches representatives stated that the Convent is required to be financially self sufficient, it will no longer be used exclusively by sequestered Nuns, but is designed to attract as many guests and visitors as possible. The more people they attract, the more revenue will be generated. The Chapel will hold daily services for all, (not just the Nuns as previously stated): there will be meetings of up to 80 people at least twice a year, there will be monthly religious classes on Saturdays of up to 20 people, there will be live in guests for up to 3 months, there will be funeral services with vehicle processions, and services on feast days attracting up to 40 + visitors. All this on a year round basis. In order to be financially self sufficient, this facility will become involved in fight industry, produce goods, retailing and carry out commerce. All of this activity is coupled with the fact that their future business plans have not been revealed, which could mean more is coming. We have also learned that the revised concept plan, calls for a forty acre subdivision on the south east corner of the property. It is directly behind at least 10 present property owners affecting their view, and cutting off access to horse and hiking trails that have been accessible for 50 years. Since 40 acres are required for a subdivision, the developers are attempting to transfer, (change the line) 6.4 acres from the adjacent Resource Management/Coastal Zone to the portion in the Scenic Corridor to round out the parcel. It is not known at this time if this can be done, but would certainly set a precedent. When asked by Planning to define tree removal, the developers response was six 1 to 8 inch Acacias, several downed trees, and one dead Cypress. The committee disagrees after reviewing the revised plan. There are probably 50 to 100 perfectly live Acacia trees from 1 to 12 inches in diameter, along with"significant" Cypress, and possibly even Pine that will require removal. The developers were asked to submit an estimate of water usage, which after review, Skyline County Water calculates that the usage could be double their estimate. More importantly, the district cannot support the required 1500 gallon per minute flow for 2 hours to satisfy fire code requirements for a complex of this size. The developers have stated that the facility will be serviced by a well. This would mean that a huge 180,000 gal tank with a delivery system would be required. This would be a significant structure, yet it is not is.not indicated on any of their plans. It is not known if the water table in the area can support both their domestic and fire requirements. The property was put under the Williamson Act in 1972 by the former owners. Protection from this act designates the land as an agricultural and open space preserve, and means that you waive most development rights. It is done in 10 year increments, and it will presently remain under the act until the year 2002. If this development is permitted, it would contradict the clearly expressed spirit and purpose of the Williamson Act. There is also the legal question of the unprecedented transfer of water density credits to allow a facility of this size. This could be much more than a local issue, and could compromise the Williamson Act throughout the State of California. Planning will schedule a third hearing to address this issue. The entrance to this facility is through a one way road, located above a very dangerous rising curve. It in no way meets the sight distance standards established by the Cal Trans highway design manual. There will be large meetings and daily services, (not just the resident Nuns as previously stated by the developers) as well as funerals. The heaviest usage will be on weekends, along with the heaviest motorcycle and automobile traffic. This is a serious problem that must be addressed. j Skylawn Cemetery at 1-1ighway 92 and 35 can accommodate the traffic because there is ample room, and left turn lanes. Here there is no provision for public safety. There is much more to this development than can be summarized by this report. It is the Committee's hope that this land can be purchased by the Midpeninsula Regional Open Space District, and preserved as open space for everyone to enjoy. It is unfortunate that the former owners, the Catholic Church, chose to bypass MROSD, which for years had expressed an interest in the property. Note that with the most recent purchase by Peninsula Open Space Trust (POST) of the adjacent Miramontes Ridge (the Gilcrest Ranch), this parcel now connects to the Levett r F property, and as before to Burleigh Murray State park. A great complex of open space. These are properties now removed from future developers plans. Approval of this development, would have a serious negative effect on property values of the many surrounding neighbors. With the understated issues of tree removal, water usage, facility usage, total visibility from Highway 35, and the minimal effort put forth in their Initial Concept Plan, the committee feels there is a definite lack of credibility by the developers. It is certainly not the wish of any of the residents of Kings Mountain to make problems for a group of Nuns or the Russian Orthodox Church. It is also not the fault of open space supporters, that the area in San Francisco that the Nuns have chosen to live for the past 45 years is no longer acceptable. Unfortunately they have been very ill advised by their representatives who have chosen to ignore, or simply do not understand the many issues surrounding this proposal. We need everyone's help. We have now been advised to address our letters directly to the Planning Commission. Many of you have already written letters to Diane Regonini, SM Co. Planning. Please just resend the letter directed to the address below. If you have not yet written, please direct your letters as follows: Chairman: Ralph Nobles Attn: Michele Mojas San Mateo County Planning Commission 590 Hamilton Street Redwood City, CA 94063 Copies to Commissioners: Nadia Holober, J.R. Rodine, John Silver, Douglas Abdalla Copy to Diane Regonini, San Mateo County Planning, (same address as above) It would also be beneficial to copy the letters to the Supervisors, Ted Lempert,Mary Griffin, Tom Heuning, Ruben Barrules, Michael D. Nevin 401 Marshall Street Redwood City, CA 94063 For more information call Dave Perrone at 851-4370, or Elise Jacques at 529-9521 and again, thank you for your support. pdJtr2.doc ` ' `' Non-Profit Coyote Point Museum S. lostage R U.S. ['osra�c Paid Permit No. 62 wEves You to join its for the opelibig of san Marco,CA OUR WEAKENING WEB The Story of Extinction Thursday, February 6, 1997 6:00 - 8:30 p.m. ?, Short lecture on biodiversity **AUTO***** **** 3-DIGIT 940DIRECTOR Blodivers/ty activity stations 330PEN.DIS REG.EL PEN SPACE DISTRICT s Light refreshments LOS ALTOS CA 94022-1404 JAN 0 61997 RSVP (415) 342-7755 by January 31 On exhibit February 1 -April 27, 1997 Coyote Point Museum, 1651 Coyote Point Drive, San Mateo, CA 94401 !' f ,• OUR WWAKENING WEB la The Story of Extinction ' • Peninsula Open Space Trust Board of Directors Allan F.Brown December 27, 1996 Patricia A.Compton Vince S.Garrod Sukey Grousbeck Mr, Del Woods Christina A.Holloway Melvin B. Lane MROSD Norman E. Matteoni 330 Distel Circle David W.Mitchell F.Ward Paine Los Altos,CA 94022 William Reller Anne M.Westerfield Dear Del, i ou C Advisory ncl Marilyn ou i Audrey and I took Betty Thysen and her friend,Ora Dunn, out for a hike on Robert Augsburger the newly completed Bald Knob Trail on December 13, 1996. The weather James E.Baer was beautiful, the air fresh and clear. And most importantly, Mrs. Thysen Eleanor Boushey Sheldon Bremer loved every inch of the trail. Robert V.Brown William H.Clark We hiked in from the District trail head on Tunitas Creek Road and Sue Crane connected with the Bald Knob Trail and hiked it to the end. Mrs. Thysen Lois Crozier-Hogle y Laurence Dawson wanted to see if she could find the USGS marker on the summit, so we Herbert J. Dengler continued up the road to the top. It is pretty overgrown, so I was surprised, J.Philip DiNapoli Phyllis Draper and Mrs. Thysen overjoyed,when we actually found the marker. On the Clarence J.Ferrari,Jr. Way back down the trail to the car Mrs. Thysen remarked more than once David L.Fletcher Thomas W.Ford that she thought her husband would be very happy with the trail and the John Freidenrich preservation of the property. Rosemary Hewlett Patricia L.Hooper Eleanor Huggins The District really did a great job on the trail. Thank you for keeping me Suzanne B.King updated on the progress of the trail and for staying late so I could get the Robert C.Kirkwood Richard C.Livermore trail maps to take on the hike. Best wishes for the New Year. Robert W.McIntyre George M.Marcus Anthony P.Meier Robert H.Miller SoNea , James E.Mitchell Gordon E.Moore Bette Moorman Alan H. Nichols Susan P.Orr e Paul O.Reimer Land Manager Barbara Doyle Roupe William F.Scandling Fritz Snideman Geraldine F. Steinberg Susan S.Ware Rosemary Young Executive Director Audrey C.Rust 3000 Sand Hill Road,4-135 Menlo Park,California 94025 Tel (415)854-7696 Fax (415)854-7703 Recycled Paper