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Home My Public Portal About19971022 - Agenda Packet - Board of Directors (BOD) - 97-32 Regional MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-32 SPECIAL• AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California October 22, 1997 (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:15 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 Rea Proper y Nego is or - Government Code Section 54956.8 $Q Property: San Mateo County Assessor's Parcel Number: 067-310-110 Negotiating Parties: Convent of Our Lady of Vladimir, Inc. a Corporation 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: No. of cases: 1 (7:15) THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WILL RECESS AT THIS TIME IN ORDER TO CONVENE A SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY. THE DISTRICT'S REGULAR MEETING WILL RECONVENE AFTER THE ADJOURNMENT OF THE AUTHORITY'S MEETING (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos, CA 94022-1404 e Phone:650-691-1200 m 1972-1997 FAX:650-691-0485 - E-mail:mrosd@openspace.org a Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Ha�� nko,Betsy Crowder,Kenneth C.Nitz - General Manager.L.Craig Britton Meeting 97-32 Page 2 SPECIAL ORDERS OF THE DAY -- C. Britton Resolution Commending the Monterey Peninsula Regional Park District on its 25th Anniversary Resolution Commending the Marin County Open Space District on its 25th Anniversary ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- M. Davey APPROVAL OF MINUTES September 17, 1997 Consent Item) September 24, 1997 (Consent Item) WRITTEN COMMUNICATIONS Consent Item) BOARD BUSINESS (7:45) 1. Proposed Addition of Trifilo et al. Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve; and Indicate their Intention to Withhold the Property from Dedication as Public Open Space at This Time -- M. Williams Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Trifilo, et al.) (7:55) 2. Authorization for the General Manager to Amend the Contract with Callander Associates of San Mateo for $10,403 to Provide Additional Design, Construction Observation Services, and Reimbursement for Expenses During Development of the Public Access Improvements at the Windy Hill Open Space Preserve -- M. de Beauvieres (8:00) 3. Authorization for the General Manager to Execute the Right of Entry with Caltrans for Emergency Repairs to State Route 84 (La Honda Creek Open Space Preserve) and Determination that the Recommended Actions are Categorically and Statutorily Exempt from the California Environmental Quality Act -- M. Williams Meeting 97-32 Page 3 *** 4. Acceptance of the Midpeninsula Regional Open Space District Financial Statement and Report of Independent Certified Public Accountants as Compiled by Grant Thornton, Accountants and Management Consultants and Authorization for the General Manager to File the Continuing Disclosure Report Required By Law -- C. Britton (8:05) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be 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. NOTICE OF PUBLIC MEETINGS The Administration and Budget Committee will meet on Tuesday, October 28, 1997 at 5:00 P.M. at the District office. Regional Open Slice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOL UTION No. 97- RESOL UTI oN OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING THE MONTEREYPENINSULA REGIONAL PARK DISTRICT ON ITS 25THANNIVERSARY WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that the Monterey Peninsula and surrounding park and open space lands are of international significance, both from an environmental and economic perspective; and WHEREAS, the Monterey Peninsula Regional Park District was founded by the voters in 1972 to preserve these spectacular and unique Monterey Peninsula park and open space lands, and to provide and preserve wildlife habitat, watershed, scenic backdrop, and recreational opportunities; and WHEREAS,since its formation, the District has permanently preserved over 7,000 acres of irreplaceable open space and park lands; and WHEREAS, the District has a reputation for its cooperative relationships with the cities and other agencies within its jurisdiction, and has been adept at leveraging its local revenues with other funding sources to enhance its land acquisition program; and WHEREAS, the District's lands are enjoyed by thousands of visitors each week from around the world; and WHEREAS, the Monterey Peninsula Regional Park District is this year celebrating its 25th Anniversary. Now, THEREFORE, BEITREsotvED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby congratulate and commend the Monterey Peninsula Regional Park District for its achievements and exceptional public service over the last quarter-century, and extend its wishes for continued success in its land preservation programs. Adopted by the Board of Directors October 22, 1997 T,� 44 Ud 5.4 Celebrate 25 Years of open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 1972.1"7• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nanette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open Soce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REsmuTroNNO, 97- RESOL UTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT COMMENDING THE MARIN COUNTY OPEN SPACE DISTRICT ON ITS 25THANNIVERSARY WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that protection of the open space lands in Marin County is of international importance, both from an environmental and economic perspective; and WHEREAS, the Marin County Open Space District was founded by the voters in 1972 to preserve there spectacular and unique Marin County park and open space lands, and to provide and preserve wildlife habitat, watershed, scenic backdrop, and recreational opportunities; and WHEREAS, since its formation, the District has permanently preserved over 13,000 acres of irreplaceable open space and park lands, and provides 32 open space preserves for public enjoyment containing over 200 miles of trails, including several miles of dedicated Bay Area Ridge Trail; and WHEREAS, the District's lands are enjoyed by thousands of visitors each week from around the world; and WHEREAS, the Marin County Open Space District is this year celebrating its 25th Anniversary. Now, THEREFORE,BEITRESoLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby congratulate and commend the Marin County Open Space District for its achievements and exceptional public service over the last quarter-century, and extend its wishes for continued success in its land preservation programs. Adopted by the Board of Directors October 22, 1997 �iv�i� Celebrate 25 Years of Open space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • 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 gionai Open S., -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-25 SPECIAL MEETING BOARD OF DIRECTORS JOINT MEETING WITH SAN MATEO COUNTY PARKS AND RECREATION COMMISSION September 17, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 7:23 p.m. Members Present: Mary Davey, Ken Nitz, Pete Siemens, Nonette Hanko, David Smernoff Members Absent: Betsy Crowder, Jed Cyr f Personnel Present: Craig Britton, Malcolm Smith, Randy Anderson Others Present: San Mateo County Parks and Recreation Commission: Roli Recio, Linda Dyson, Belinda Vega, Joe Scott, Rich Peterman; Patrick Sanchez, Director 11. ORAL COMMUNICATIONS None III. ADOPTION OF AGENDA Motion: N. Hanko moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 5 to 0. IV. BOARD BUSINESS M. Davey asked that all present introduce themselves. R. Anderson presented an overview of the Regional Open Space Study background and objectives. He then led an exercise to gather input from the Board and Commission members on various aspects of the District's long-range objectives. Following the input exercise, R. Anderson answered questions and provided clarification of issues. M. Davey said that the next public meetings on the Regional Open Space Study are scheduled for October 7 and 24. Commission members indicated their desire to be informed and involved in the development of the Regional Open Space Study, and other issues of mutual concern. V. ADJOURNMENT M. Davey a ' rned the Special Meeting at 8:51.m. T,.4 U W U Sal Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:650-691-1200 « 1972-1997< FAX:650-691-0485 * E-mail: mrosd@openspace.org * Web site:www.openspace.org t4� Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz 8 General Manager:L.Craig Britton Regional M MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-27 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS September 24, 1997 MINUTES I. ROLL CALI. President Mary Davey called the Special Meeting to order at 6:30 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, Pete Siemens, and David Smernoff. Members Absent: Nonette Hanko Personnel Present: Craig Britton, Sue Schectman, J. Escobar, and M. Williams 11. CLOSED SESSION M. Davey 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 6:31 P.M. and Closed Session commenced at 6:32 P.M. The Board concluded the Closed Session at 7:10 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: Malcolm Smith, Randy Anderson, and, Jodi Isaacs M. Davey announced that no reportable actions were taken at the Closed Session. III. ORAL. COMMUNICATIONS Len Vasquez, 21290 Blue Hills Lane, Saratoga, talked about the District's response to his report of alledged drug trafficking at Fremont Older. He felt the District should assert its leadership but seemed instead to be in a wait and see mode. He suggested illuminating the park or limiting after-hours accessibility. J. Escobar said staff has talked with Mr. Vasquez about several suggestions that he has made. They are looking at those but don't have answers at this time. Gating the preserve has not been an option because residents on the Road have been very firm in objecting to such action. Celebrate 25 Years of Open Space Preservation 330 Distel Circle ® Los Altos,CA 94022-1404 * Phone:650-691-1200 1972-1997# FAX:650-691-0485 - E-mail: mrosd@openspace.org * 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 Managerr::L L..Craig Britton Meeting 97-27 Page 2 B. Crowder said it seems that if the Sheriffs office is aware of this problem and is responsible for law enforcement, it would be their responsibility. J. Escobar responded that staff is looking at physical site changes, not law enforcement. C. Britton said that P. Siemens had suggested that when the reworking of the parking lot is examined, one of the issues considered should be public safety. He said Prospect Road is a public road, on which the District has very limited jurisdiction. Sally Boyd, 3352 LaMesa Drive, San Carlos, asked the District to retain the eucalyptus trees at Pulgas Ridge Open Space Preserve. Her home overlooks the Preserve. She said eucalyptus do not spread and require less water than oak trees. In addition, the noise of cutting is not very pleasant. She said the whole neighborhood bought that open space and spent years fighting for it, and they don't want it to look like a wasteland. If the eucalyptus trees are cut it will look barren. Oak trees take 100-200 years to look beautiful. Ms. Boyd invited K. Nitz, who represents her area, to visit her home and look at the trees. J. Isaacs said there is a lengthy history of exotic plant removal at Pulgas. Eucalyptus have been identified because they are non-native and they spread quite rapidly. It is part of the District's Resource Management policy to control non-native species on District lands. She said the project of fully restoring the area is long-term, perhaps as long as 20 years. She informed Board members that the revegetation plan included removal of exotics and planting of native plants. She will provide Ms. Boyd with a map showing resource project phasing. Richard Bourke, P. O. Box 7207, San Jose, commented that eucalyptus trees have been around over 100 years and some have been grown from seed. They do provide shade. He talked about trees that had been removed from other parts of the District and said it would be interesting to see what has replaced them. He said he thought the District had been insensitive in regards to this issue. IV. ADOPTION OF AGENDA Motion: D. Smernoff moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR Motion* J. Cyr moved that the Board adopt the Consent Calendar, including replies to written communications from Mr. Robert Zatkin, 406 Maple Way, Woodside; Mr. David Oare, oar gene.CON; Mr. Robert R. Wilkinson, 870 Parrott Drive, San Mateo; Luigi Luzzatti, 855 Berkeley Avenue, Menlo Park; Suzanne Campodonico, 120 Pine View Lane, Menlo Park; and Mr. Harry H. Haeussler, Jr., 1094 Highlands Circle, Los Altos; agenda item 6, Notice of Contract Completion and Acceptance of Work for the Road Resurfacing. Project at Rancho San Antonio Oren Space Preserve; agenda item 8, Denial of Richard Bourke Claim Against the District; agenda item 9, Denial of Francois Richard Claim Against the District: and Revised Claims 97-17. K. Nitz seconded the motion. The motion passed 6 to 0. Meeting 97-27 Page 3 VI. BOARD BUSINESS A. Agenda Item No. 1 - Final_ Adoption of an Amendment to the Use and Manag m n Plan for the Kennedy-Limekiln Area of Sierra Azul Onen Space Preserve to Confirm the Closure and Restoration of Priest Rack Bypass Trail (also known as Moody Trail) - (Aeport R-97-135) J. Escobar said he was available to answer questions. Kathleen Meyer, 200 S. First St., Campbell, said she was representing ROMP and asked the District to consider restoration and realignment of Moody trail. She talked about the possible impact of an increase in trail users coupled with the closing of trails. She said this has prompted ROMP to offer assistance to mitigate some of the impact due to an increase in use by working with the District. She said techniques have been developed lately to design and build sustainable trail systems while maintaining a balance with resource protection, and a well-developed trial system will also help expand user experiences. Ms. Meyer said ROMP could schedule and organize both working groups and fund raising events and help to create a monitoring program that will help educate the users to help them get along in a better fashion. In addition to the local club, IMBA (International Mountain Biking Association) has offered their support. She said ROMP would like to use this opportunity to enhance park facilities and the user experience by preserving a resource and balancing it with recreational use. They also feel that involvement by the user community will help with management of the entire trail network by creating a direct link between users and the District. She stated that with shrinking budgets and personpower the future of public lands depends on these partnerships and the growth of recreational use can be effectively managed if we begin now. She said they look forward to working with the District and would like to discuss it in further detail at their earliest convenience. D. Smernoff commented that he had voted no on this project before for two main reasons: 1. He would like to see technical trails developed in the southern areas of District properties and to see that kind of trail re-established there eventually. 2. There had been problems with the process of how the closure was done. He said he appreciated that staff has taken steps to improve the process. He asked Ms. Meyer to pass along the following ideas to cyclists: To become involved in the upcoming trail review process, to be patient while we develop Use and Management Plans for that area, and to respect closures. B. Crowder asked for a written copy of Ms. Meyers' presentation. M. Davey said there has been a productive partnership for El Corte de Madera Open Space Preserve and she hoped it would continue. P. Siemens said he personally did not think the District should spend its scarce money to promote and build technical trails. However, they might want to investigate the policy of allowing a group to come in and propose, build, and maintain a technical trail if it can be shown not to be environmentally damaging. His understanding was that Meeting 97-27 Page 4 there is a parallel trail available in the area so the experience in the area is available now. M. Davey suggested that ROMP might investigate Dir. Siemens suggestion of a "turnkey" project. H. Haeussler asked that the District provide him with the definition of technical trails for hikers, bikers, and horsemen. J. Cyr said that after seeing the condition of the trail, he concurred with staff recommendation. Motion* B. Crowder moved that the Board adopt the amendment to the Use and Management Plan for the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve to confirm the closure and restoration of Priest Rock Bypass Trail (also known as Moody Trail). K. Nitz seconded the motion. The motion passed 5-1 (D. Smernoff voted no). B. Agenda Item No. 2 - Pr=sed Addition of Augustine MacDonald Trust ProwJU to the Mt. Umunhum Area of Sierra Azul Open Swce Preserve; Determination that the Recommended Actions are Categorically E=W from the California Environmental Quality Act; Tentative Adoption of the Preliminary, Use and Management Plan, Including Naming the Pro_mM as an Addition to the Mt. Umunhurn Area of Sierra Azul Qpcn Space Preserve; and Indicate Intentions to Withhold the ProWjU from Dedication ac Public Oren Space - (R=rt R-97-139) M. Williams showed the property on a map and explained slides of the property. There is an old trail that is an overgrown fire road that used to go down to Twin Creeks and someday may provide a connection from Loma Prieta to Almaden Quicksilver County Park. He outlined the terms and conditions of the agreement and gave credit to Mr. Bucky Mace, who had conducted the initial negotiations on the property. C. Britton said staff is confident the District can accept the property "as-is" because no one has been on the property in many, many years. He explained the difference between a quitclaim deed and a grant deed. Motion* P. Siemens moved that the Board determine that the recommended actions are,categorically exempt from the California Environmental Quality Act as set out in the staff report; adopt Resolution 97-33 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement and Addendum Thereto, Authorizing Officer to Execute Certificate of Acceptance of Quitclaim to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Augustine MacDonald Trust, et al.); tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, Meeting 97-27 Page 5 including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve; and indicate their intention to withhold the property from dedication as public open space at this time. D. Smernoff seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3 - Tentative Adoption of the Amendment to the Skvl, ine Ridge ge n Space Preserve Use and Management Plan for Lnsta_llation of a Permanent Restroom near the Nature Center; Determination that the Restroom #SSV 110 is a Unique and Novel Product Application R"uired to be Used in the Public Interest and Authorize Restroom Facilities, Inc. of Reno, Nevada as the Sole Source Provider; Authorization for Staff to Purchase Three Pit Toilet Restrooms for Restroom Facilities of Reno Nevada for Monte Bello,,Skyline Ridge, and Windy Hill Oren Space Preserves at a Cost Not to Exceed $5Q000; and Determination that the Rwommended Actions are CategoricallyExempt from the California Environmental Quality Act; - ftport R-97- R. Anderson presented the staff report. J. Escobar said they are recommending the same contractor because the problems that had occurred were technical, not with the construction. The recommended toilets will require less maintenance because there are no moving parts. The Forest Service has done research and fine tuning on this design. R. Anderson said this design will probably be considered for use at Fremont Older. He added that he assumed that use of this type of toilet at Windy Hill would be a part of the parking lot project. He believes the design allowed handicap access. H. Haeussler informed the board about the possible availability of a sewer line in the area. Motion B. Crowder moved that the Board determine that the following actions are categorically exempt from the California Environmental Quality Act; tentatively adopt the amendment to the Skyline Ridge Open Space Preserve Use and Management Plan for the installation of a permanent restroom near the Nature Center; determine that the restroom #SS V 110 is a unique and novel product application required to be used in the public interest, and authorize Restroom Facilities, Inc. of Reno, Nevada as the sole source provider; authorize staff to purchase three (3) pit toilet restrooms from Restroom Facilities of Reno, Nevada for Skyline Ridge, Monte Bello, and Windy Hill Open Space Preserves at a cost not to exceed $50,000. P. Siemens seconded the motion. The motion passed 6 to 0. Meeting 97-27 Page 6 D. Agenda Item No. 4 - Proar sg ess Report on the Resource Management Program - (E=rt R-97- J. Isaacs presented the staff report including slides and overheads which represented the progress in the Resource Management Program. She said they had watered the oaks planted at Rancho San Antonio, and could only speculate on why some had died. B. Crowder said there is a die off when you plan new trees. She thanked Ranger P. Hearin for Ming the instigator of the nursery. J. Isaacs said Ranger Hearin had done very valuable work with the intern who worked on the report. Board Members and staff commended J. Isaacs and thanked Tamara Kan who did the exotic plant inventory on Distric lands as a consultant. C. Britton said J. Isaacs had initially been hired on a one-year basis for the first year of Resource Management Program. She has now accepted the offer of the permanent position. Staff will provide the reports and maps to Board Members. J. Escobar commented that a report on the project would be provided periodically and that this project probably represented less than half of the projects J. Isaac's was working on. Resource Management projects start and seem to never end. H. Haeussler commended J. Isaacs and described his experience with star thistle. Motion: J. Cyr moved that the Board comment on and accept the informational report on the various resource management projects. P. Siemens seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5 - Authorization for Staff to Hire Central Coact Wilds to Undertake the Revegetation PLqJect on Highway 84, With a Budget of$ 6,000 and Authorization for the General Manager to Execute a Contract with Central Coast Wilds to Implement the Hidway 84 Rcyceetat_ion Project - Report R-97-140) J. Isaacs presented staffs recommendations and described which native grasses would be used in the project. Motion* P. Siemens moved that the Board authorize staff to hire Central Coast Wilds to undertake the revegetation project on Highway 84, with a budget of$26,000; and authorize the General Manager to execute a contract with Central Coast Wilds to implement the Highway 84 revegetation project. D. Smernoff seconded the motion. Discussion: M. Williams said Caltrans is reviewing an agreement regarding payment for revegetation of the area in question and the easement for the drainage facilities installed by Caltrans. Meeting 97-27 Page 7 S. Schectman described the dispute between the District and Caltrans and said the right of way easement deed would come to the Board for final approval. The deed would provide for permanent drainage improvements under the site which would be to the District's advantage. The motion passed 6 to 0. F. Agenda Item No. 7 - Acceutance of the Proposal from George Rice & Sons for an Estimated $21,763 for the Printing o. f Approximately 300,000 Seal 25th Anniversary newsletters and A=ta_nce of the Prop►sai From Navarone Industries for an Estimated 34.875 for the Mailing of Approximately 300,000 Special 25th Anniversary Newsletters - (R=rt R-97-138) M. Smith presented the staff report. S. Schectman explained that since this was consultant contract rather than a public works construction project a bidding process was not necessary in this case. Regarding legal ramifications of not using the lowest bidder, S. Schectman stated this is not a Public Works contract. M. Smith said the paper would be similar to the recycled paper used in the regular newsletters. Motion* P. Siemens moved that the Board accept the proposal from George Rice & Sons for an estimated $21,763 for the printing of approximately 300,000 special 25' Anniversary newsletters; and accept the proposal from Navarone Industries for an estimated $34,875 for the mailing of approximately 300,000 special 25' Anniversary newsletters. J. Cyr seconded the motion. The motion passed 6 to 0. VI. INFO MATION L. REPORTS B. Crowder commended M. Davey for organization of the Hidden Villa event on Saturday night. P. Siemens said he had hiked part of the new El Corte de Madera Creek Open Space Preserve trail that was controversial and it was well built and very scenic. He said he and C. Britton had met with the Town of Los Gatos relative to the Guadalupe College/Ho Property. D. Smernoff echoed P. Siemens in regard to the new trail. He reported on the open house at NASA/Ames on Saturday. He had sent a letter to the CalPERS Board concerning the Board's vote regarding divestiture of Maxxam; however, the Board voted to retain the stock. He said he would like to send another letter to them and will work with C. Britton on the wording. J. Cyr also expressed appreciation for the new trail. K. Nitz said he had enjoyed the trail at El Corte de Madera Creek Open Space Preserve. He had attended the meeting of Coastal Alliance the previous evening. Meeting Page 97-27 P e 8 M. Davey described events at the Coastal Alliance meeting. S. Schectman added that the ad hoc committee stated it would present a full report to the Board at the October 8 meeting. C. Britton reported as follows: 1. The letter in the FYIs to Bob Adams - the District sent 30 similar letters to council candidates within the District. 2. Invitation to salt harvest October 17. 3. Invitation for 25'b anniversary of Don Edwards San Francisco Bay National Wildlife Refuge October 18. 4. Invitation to Deer Hollow Farm annual celebration on October 5. 5. Announcement of ROSS meetings. 6. Julie McCullough is resigning. 7. Docent meeting on September 16; three Board Members were present and heard an overview on the Regional Open Space Study. The presentation will be made to volunteers tomorrow night. 8. On behalf of all the staff, he thanked the Board for the staff appreciation event. M. Davey announced the opening on October 25 of a segment of the Ridge Trail on Grant Ranch. M. Smith announced the 25te Anniversary banquet will be held on November 7 at the University Club, mailed invitations to follow. J. Escobar said he had represented the District at the September 12 retirement dinner for Garnetta Annable and the Cloverdale Ranch barbecue hosted by POST. He described two major raids of marijuana plantations on District property in the Sierra Azul area. C. Britton said there had been an article in the newspaper regarding acquisition of the 7,500- acre Coast Dairy property. He said he and B. Crowder will be attending the land trust national rally in Savannah, GA. J. Escobar showed slides of the El Corte de Madera Creek Open Space Preserve B8 and B 10 trails and said staff is very happy with the new trail building machine. VIII. ADJOURNMENT The meeting was adjourned at 9:42 P.M. Roberta Wolfe Recording Secretary Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2796 550.00 Aaron's Septic Tank Service Sanitation Services 2797 237.05 `1 Acorn Signs Banners 2798 399.86 Acme & Sons Sanitation Sanitation Services 2799 123.00 ADT Security Systems Burglar Alarm Service 2800 50.00 •2 Alliance for a New Moffett Field Co-Sponsor-Moffett Field Future Plans 2801 353.42 Al Sanitation Sanitation Services 2802 309.18 Arne' Sign & Decal Co., Inc. Signboards 2803 274.48 Artech Laminating Laminating Sheets 2804 38.80 A T & T Telephone Service 2805 1,194.72 *3 Best Impressions 25th Anniversary Event Supplies 2806 360.00 Best Internet Communications Annual Internet Service Payment 2807 4,511.50 BDS Inc. Equipment--Boulder Buster 2808 26,640.21 Bianchi Construction Incorporated Bach Driveway Construction Contractor 2809 1,195.39 Big Creek Lumber 2810 135.00 Bill's Towing & Recovery Towing Service 2811 202.01 Bowerman Electric Distel Building Light Repairs 2812 1,010.11 California Carpets Enterprise Rental Carpet Installation 2813 65.00 California Park & Recreation Society Recruitment Advertisement 2814 2,703.00 •4 California Water Service Irrigation System Hookup--Windy Hill 2815 500.00 `5 California Water Service Hydrant Meter Permit Fee--Windy Hill 2816 179.62 California Water Service Water Service 2817 6,647.42 Callander Associates Parking Lot Consultants--Windy Hill 2818 95.00 California Chamber of Commerce California OSHA Newsletter 2819 140.00 Camino Medical Group Medical Services 2820 20,061.44 •6 Capitol Ford, Inc. 4 X 4 Truck 2821 144.24 Cascade Fire Equipment Company Fire Safety Equipment 2822 182.00 Central Coast Wilds Revegetation Consulting 2823 6.39 Clark's Auto Parts & Machinery Vehicle Part 2824 57.34 Coastal Ford Tractor Tractor Part 2825 262.50 Sheryl Marioni Cochran Climbing Policy Consultant 2826 163.04 Cole Supply Company, Inc. Janitorial Supplies 2827 373.43 Communication & Control Inc. Radio Site Lease & P G & E Pump 2828 197.43 Compurun Systems Computer Maintenance 2829 97.24 Bunny Congdon Reimbursement--Staff Event Supplies 2830 50.00 Toni Corelli Docent Training 2831 4,348.00 Cotton, Shires & Associates Geotechnical Services--Schilling Lake 2832 198.00 CPS Seminar--C. Bruins & K. Altieri 2833 750.00 D & J Rooter Enterprise Rental--Septic Tank Repair 2834 --81$:@&- SCC Department of Environmental Health Gasoline Storage Permit 916.00 2835 875.00 '7 Design Concepts Lapel Pins 2836 483.12 DESIGNet, Inc. Computer Modem Line Maintenance 2837 1,125.00 "8 Divine Catering Staff Event Catering 2838 50.00 Du-All Safety Hazardous Waste Training-J. Kowaleski 2839 471.00 Employment Development Department State Unemployment Insurance 2840 34.40 EMED Company Inc. Safety Signs 2841 1,419.67 Emergency Vehicle Systems Code 3 Vehicle Equipment 2842 2,385.10 Experian Microfiche--Acquisition Parcel Reseamh, Page 1 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2843 19.00 Federal Express Express Mailing 2844 31.42 Film To Frame Photo Processing 2845 45.00 Chaz Franklin Docent Training 2846 85.69 G & K Services Shop Towel Service 2847 15.37 Gardenland Power Equipment Field Supplies 2848 497.69 Golden California Title Company Title Insurance 2849 67,720.00 Golden California Title Company Augustine MacDonald Trust Property 2850 37-35 Goodco Press Incorporated Business Card Printing 2851 15.37 Goodyear Auto Service Center Tire Repair 2852 725.00 Greenlnfo Network Mapping Consultant 2853 330.00 GreenWaste Recovery, Inc. Skyline Garbage Service 2854 123.07 GTE Mobilnet Cellular Phone Service 2855 551.68 Home Depot Field Supplies 2856 21.44 Honda Peninsula Helmet Liners 2857 32.72 Hyster Sales Company Bobcat Parts 2858 373.00 Jodi Isaacs Reimbursement--Conference Expenses 2859 415.00 Jakaby Engineering Restroom Specs--Russian Ridge 2860 2,085.98 Jeda Publications Map Printing 2861 37,120.50 Jens Hansen Company, Inc. Windy Hill Public Access Improvement Project 2862 60.26 Travis Jensen Reimbursement--Training Class 2863 245.07 Kaiser Cement Baserock 2864 640.00 *9 Bruce Kerr Staff Event Entertainer 2865 116.00 Lab Safety Supply Restroom Supplies 2866 275.00 League of California Cities Conference Expense-S. Schectman 2867 85.00 Littler Mendelson Ergonomics Training-D. Topley 2868 25.00 Loegering Manufacturing, Inc. Bobcat Tractor Parts 2869 690.00 Los Altos Garbage Company Dumpster Service 2870 80.00 MetroMobileCommunications Radio Repair Service 2871 91.99 Ken Miller Reimbursement--Uniform Boots 2872 945.36 Miracle Auto Painting & Body Repair Vehicle Paint Job 2873 97.92 Minton's Lumber & Supply Bulletin Boards--Main Office 2874 152.85 Moffett Supply Company Restroom Supplies 2875 529.07 Monogram Sanitation Restroom Chemicals 2876 99.00 National Seminars Group Registration--M. Smith 2877 533.03 National Fire Fighter Corp. Fire Pump 2878 1,439.40 Navarone Mailing Services Fall Newsletter Mailing 2879 19.50 Netcom Monthly Service 2880 375.00 NetStart, Inc. Computer Maintenance 2881 415.00 The New Leaf Catering VIP Tour Catering 2882 865.22 Office Depot Office Supplies 2883 450.75 Office Helper Office Supplies 2884 162.36 Office Max Computer Cart 2885 942.70 *10 Orchard Supply Hardware Field Supplies 2886 1,125.71 Pacific Bell Telephone Service 2887 235.72 Payment Center/AT& T A T & T Maintenance Service 2888 629.87 Paul's Draperies Mini Blinds--Main Office 1,864.06 Peninsula Blueprint Map Printing and Photo Copying 2889 1,565.62 PIP Printing Printing Service Page 2 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2890 700.00 Town of Portola Valley Permit & Review Fees--Windy Hill 2891 329.75 Price Costco Consurnables 2892 47,994.00 Re-New Sealers Asphalt Maintenance Road Resurfacing--Rancho San Antonio 2893 46.08 Rancho Hardware Field Supplies 2894 200.00 Recreational Equipment, Inc. Recognition Event Certificates 2895 45.00 Frances Reneau Docent Training 2896 1,571.79 Rhus Ridge Association Road Maintenance Fees 2897 33.77 Rich's Tire Service Tire Repair 2898 259.98 ROMIC Environmental Technologies Corp. Hazard Waste Recycling 2899 2,641.91- Roy's Repair Service Vehicle Repair and Maintenance 2,997.23 2900 376.00 Barbara Scherb Rufer Planning Consultant Assistant 2901 420.23 Russ Enterprises Signs 2902 80.50 Safety -Kleen Solvent Tank Service 2903 959.13 Jane Saltman Planning Consultant 2904 472.32 San Francisco Newspaper Agency Recruitment Advertisement 2905 2,215.87 San Jose Mercury News Advertisements 2906 147.45 11 San Mateo County Permit--Nature Center Deck 2907 318.00 San Mateo County Permit-La Honda Creek Bridge 2908 8,570.00 Scribner Graphic Press Fall Newsletter Printing 2909 2,552.48 Shannon Associates Administrative Services Manager Recruitment 2910 9.09 Shelton, Inc. Field Supplies 2911 729.55- Signs of the Times Signs 846.68 2912 880.40 Space Designs Office Furniture 2913 126.82 Stevens Creek Quarry Rock 2914 7,605.00 Summit Springs Design Tree Removal Service 2915 1,750.00 Sun Valley Tree Care Inc. Tree Pruning--Deer Hollow Farm 2916 162.38 Teater & Etc. Maps 2917 10,461.18 Terratech, Inc. Geotech Services--Landslide Repairs 2918 327.29 Therma Corp. Air Conditioning and Heating Service 2919 3,300.00 Grant Thornton Auditors 2920 112.50 Transworld Media Group Recruitment Advertisement 2921 688.13 TTC Tours Charter Services--VIP Tour 2922 2,268.75 Turner & Mulcare Legal Services 2923 4,828.22 Two R. M.'s Sales & Service Pionjar Rock Drill 2924 62.34 University Art Center Planning Supplies 2925 634.50 University of California Regents Erosion Control Class--P. Congdon, J. Isaacs and J. Kowaleski 2926 60.27 Unocal Fuel 2927 2239.25 U S Rentals Backhoe Rental 2928 3539.39 VISA Conference, Airfare and Office Supplies 2929 25.00 Volunteer Leadership Subscription Renewal 2930 117.81 Douglas Vu Private Vehicle Expense 2931 7,560.00 Waring Construction Distel Circle Office Separation Page 3 Claims No. 97-17 Meeting 97-27 Date: Sept. 24, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2932 920.00 Sumudu Welaratna Intern--Oak Restoration Project 2933 37.89 West Coast Rebar Co., Inc. Rebar for Bridge 2934 104.20 Westlaw Publishing Payment Center "On-Line" Legal Research Service 2935 236.96 Michael Williams Reimbursement--Vehicle, Seminar and Business Meeting Expense 2936 300.00 Roberta Wolfe Recording Services 2937 290.53 Lisa Zadek Reimbursement--Tuition and Supplies 2938R 6,647.42 Callander Associates Windy Hill Parking Lot Consultant 2939R 1,053.99 Nelson Marketing 25th. Anniversary Wine Glasses 2940R 595.47 David Sanguinetti Reimbursement--Conference Expense 2941 R 447.09 Petty Cash Local Business Meetings, Staff Appreciation Event Supplies, Vehicle Expense, Nature Center Supplies, Film and Developing *1 Urgent Check Issued September 5, 1997. *2 Urgent Check Issued September 11, 1997. •3 Urgent Check Issued September 5, 1997. •4 Urgent Check Issued September 2, 1997. 05 Urgent Check Issued September 11, 1997. •6 Urgent Check Issued September 3, 1997. •7 Urgent Check Issued September 15, 1997. *8 Urgent Check Issued September 16, 1997. *9 Urgent Check Issued September 8, 1997. *10 Urgent Check Issued September 18, 1997. *11 Urgent Check Issued September 11, 1997. TOTAL 336,094.98 Page 4 DAVID S . H . ROSENTH AL RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond October 5, 1997 . � Staff Acknowledge/Respond Draft Response Attached hiidpeninsula Regional Open Space District Staff to be Directed to Prepare Draft Response for Board Consideration per 330 Distel Circle Boers Direr rive ca) Los Altos CA94022-1404 No Response Necessary Dear MROSD: This morning about 10:20am I was hiking down the Skid Road in-X4onte Bello,between White Oak Trail and Stevens Creek Nature Trail, when I heard a noise behind me. I looked back and saw the first of about half a dozen mountain bike riders approaching at high speed. There was no possibility that they could stop before reaching me and they made no effort to do so,continuing to pedal furiously.There was no time for me to get off the road,even if there had been room to do so. I am a cyclist and would estimate that when they passed me they were going at least 25mph. One of them passed a foot away from me with both wheels in the air. Hollywood stuntmen are paid to take this kind of risk, hikers are not. I hike the District's trails most weekends and this incident is unusual only in how close I came to being injured. I was fit, agile and alone; a family with children,such as I met a few minutes later on the Nature Trail,could not have escaped disaster. I never see District rangers enforcing the speed limits and trail closures on weekends when the mountain bikers are out in hordes. I tried to call the rangers immediately after the incident, but it happened too far down in the valley for cellphone coverage. Unless action is taken it is only a matter of time before an innocent hiker is killed or severely injured by the mountain bikers who abuse the District's trails every weekend with total impunity: • What enforcement actions has the District taken against reckless and illegal mountain biking in the past six months? ■ How many have resulted in penalties,and what is the average penalty exacted? ■ What additional enforcement actions are planned? • What, other than not hiking the District's trails, can I do to protect myself against these risks? Sincerely, David S. H.Rosenthal FCEIV D OCT 0 8 1997 427 ALMA #407 • PALO ALTO, CA • 94301 )PENINSULA REuIONAL PHONE: 650-323-5285 • DSHR®ABITARE.ORG PEN SPACE DISTRICT Regional Open . - .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. David S. H. Rosenthal 427 Alma, #407 Palo Alto, CA 94301 Dear Mr. Rosenthal: Thank you for your letter of October 5, 1997 regarding bicyclists in Monte Bello Open Space Preserve. The District's Board of Directors considered your letter at its regular meeting last night. We are extremely sorry and concerned to hear about your experiences and we respect your desire to use preserve trails without encountering inconsiderate bicyclists. I can assure you that District rangers patrol the trails and issue citations to cyclists who are observed speeding or riding on closed trails. Further, the number of rangers in the field is increased on the weekends, when visitation is at its highest. In addition to visible patrols, the District also has a radar enforcement program which has proved successful in reducing the number of violations. While we believe that these measures do have a positive effect, I'm sure you understand the difficult task of patrolling nearly 250 miles of trails in 42,000 acres of land. In response to your request, we have enclosed copies of the monthly field activity summary reports for the months of March through August, 1997. These reports list the number of citations and warnings issued for violations of the District's ordinances. The exact fine for each offense is determined by the courts, but the District's bail schedule for speeding on a bicycle recommends a bail of$135.00. If the offender is convicted of engaging in an activity which is reckless and endangers another person, they could be fined up to $250.00, including additional court costs. In addition to the rangers' patrols, the District also coordinates a volunteer trail patrol program. We are always looking for new volunteers to be active in this education effort and would welcome your involvement. To get more information on the volunteer program, please call Mr. Paul McKowan in the District office at (650) 691-1200. Celebrate 25 Years of Open space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton October 23, 1997 Mr. David S. H. Rosenthal Page -2- You may be interested to know that the Board will be scheduling a discussion of trail use guidelines for a Board meeting agenda within the next few months. This is an opportunity for the public to become involved in the Board's decisions regarding trail use issues. Your name will be added to the mailing list so you will be notified of upcoming meetings on this subject. I strongly encourage you to become involved and participate in the decision-making process. It is crucial that your viewpoint, and that of other interested individuals, is heard during these discussions. Again, thank you for taking the time to write to the Board, and for your patience and support as the District works toward making multiple-use trails successful. Sincerely, Mary C. Davey, President Board of Directors MCD/gb/mcs cc: MROSD Board of Directors Robert Zatkin 406 Maple Way • Woodside, CA 94062 telephone: (650) 369-6462 • fax: (650) 369-7898 RZatkin@worldnet.att.net RESPONSE ACTION PROPOSED BY STAFF October 2, 1997 Hoard President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Board of Directors �- -�— Ora,'c Response Attached Mid Peninsula Regional Open Space District Draft rn be se Attac cc Prepare Draft 330 Distel Circle Response for Board Cans id eras ion per Hoard Direct ive(s) Los Altos CA 94022-1404 , No Response Necessary Members of the Board: I am in receipt of a letter dated September 16, 1997, signed by Mary Davey, President of the Board, in response to my letter of Spetmber 12, 1997. As you will recall, my letter concerned the need for the District to spend funds to delineate steelhead trout habitat on District lands, and verify the presence of steelhead trout populations in such habitat. In her letter President Davey made statements concerning two situations relative to steelhead trout which I believe need clarification. The situations are: • The assessment of steelhead trout in the Mills Creek subwatershed of the Pilarcitos Creek watershed of coastal San Mateo County. • Execution of fishery studies by 'other agencies' of coastal San Mateo County. I now address these situations in the order listed. 1 . The Mills Creek subwatershed of the Pilarcitos Creek watershed is a verified steelhead trout stream. The restoration of the Pilarcitos Creek watershed include current efforts to remove barriers to fish migartion in Mills Creek. These barriers are located on State of California Department of Parks and Recreation lands. As such the Department of Parks and Recreation, and the California Department of Fish and Game, are involved in the mitigation effort. A prelude to the effort included validation of the habitat, and the presence of steelhead trout by the State of California. 2. Discussion with Patricia Anderson', the State of California, Department of Fish and Game, regional fishery biologist with jurisdiction over the western portion of San Mateo County, has indicated the Department has not, and will not, y�sy fir+ s r_„y a"� � �M Patricia Anderson . .:a :.1.:� �J Associate Fishery Bilogist P.O. Box4008 i CCU 1997 Aromas, CA 95004-4008 telephone: (408) 724-7130 0FEI S=AGE C'0 -; ,T Page 1 conduct comprehensive fishery studies on all west draining streams. Further, Patricia indicated to me that the Department has assigned west draining streams priority status — that is these systems, in my opinon, have been triage, I urge that District staff contact Patricia to verify this point of fact. Given the highly tenous condition of many steelhead trout populations — both in numbers and habitat condition — efforts to stave-off exterpation of populations will be dictated by funding. I believe funding will prove to be inadequate to the task at hand of delineating steelhead trout habitat, habitat condition, and the size and condition of steelhead trout populations. Further, I believe oversight responsibility for the steelhead trout will be vested by the federal government to the State of California. As such the necessary resources will not be dedicated to fully define and assess steelhead trout populations. As a result I expect that in the abscence of citizen vigilance, and a willigness to pursue complaints through the proper agency channels, populations of steelhead trout will be extirpated. Given the foregoing it is incumbent that the District spend the monies to execute field-based studies required to determine, (1 ) the presence and extent of salmonid habitat, and (2) the presence of salmonid populations. I use the term salmonid in reference to steelhead trout and coho salmon; the latter known to inhabit some west draining streams and a species listed under the federal Endangered Species Act as endangered. Either of these salmonids may inhabit streams on District lands — a possiblity the can be verified only by executing field-based studies performed by competent scientists with the requisit knowledge and experience of salmonid habitat in the Santa Cruz Mountains. In assuming a proactive posture and funding the requisite study the District will fulfill two important functions of public land administration and stewardhip. First, the presence and extent of habitat for two federally listed species will be determined. This knowledge will postion the District for a cooperative advocacy that will make clear to regualtory agencies, and the public, that the District is aggressively concerned for unique species and the habitat that supports such species. Second, in taking an assertive role the District will be viewed in the positive as cooperting to fulfill the letter and intent of the federal Endangered Species Act. In closing I urge you to move forward in contracting for professional services required to delineate salmonid habitat, and the presence of salmonid fish, on District lands. Sincerely, 1Z_ A;l Robert Zatkin Page 2 Regional Open . _ aee , 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Robert Zatkin 406 Maple Way Woodside, CA 94062 Dear Mr. Zatkin: Thank you for your letter reiterating your concerns over the need for salmonid habitat studies on District lands. The Board of Directors reviewed your letter at its regular meeting last night and would like to;clarify its position on this matter. Since your last correspondence, our staff has again contacted California State Department of Fish and Game to determine the availability of recent studies of salmonid habitat within the District's boundaries. We have been informed the studies are now being printed and will be sent to us within a few weeks. Based on this information and ongoing discussions with both Patricia Anderson and Jennifer Nielson(representatives from CDFG), staff will proceed with developing a project scope for a District-wide assessment of salmonid habitat. The project would then be included in the fiscal year 1998-1999 proposed work program and budget. We do understand the importance of the proposed studies and hope to be able to move forward with them in the coming year. Again, thank you for your interest. Sincerely Mary C. Davey, President Board of Directors MCDIdw cc: MROSD Board of Directors Txk "ow 14 544'' Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 •,Phone:650-691-1200 • 1972.1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • 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 -St-e-ve--Xe—n-n-e4-y,--T7--.-T3-X- -LW-9-/47-,---Reg�uest�or�et)-�r--o-f--E-n-clorsem� Date : Thu, 9 Oct 1997 07 : 23 : 36 -0700 (PDT) X-Sender: canonbal@best .com RESPONSE ACTION PROPOSED BY STAFF To : mrosd@openspace .org Board President Acknowledge/Respond From: Steve Kennedy <canonbal@best . com> Director Acknowledge/Respond Subject : Request for Letter of Endorsement Staff Acknowledge/Respond Mid-Peninsula Regional Open Space District Draft Response Attached Staff to be Directed Pr:::r:.Dt:!t 330 D i s t e l Circle R a Co nalde i per .,r!.r,Bo(rd Los Altos, CA 94022-1404 Hoard P we a) No Response Necessary An Open Letter to the Board of Directors Dear All, Before and during Tuesday night ' s meeting at the Hillview Community Center I took the opportunity to meet each one of you, introduce myself and say a few words about my video project, "The Cannonball Express" . I also handed each member a business card containing my URL and trust you've taken the opportunity to either visit my web site or discuss the script with someone who has . In case you missed out my URL is http : //www.best . com/-canonbal As the 1997 fire season draws to a damp close and the Regional Open Space Study Map is again revised and prepared for a review by the public, I would like to encourage you to continue working with CDF in regards to conducting control burns and commend your efforts in performing vegetation management by importing flocks of goats to graze down the vegetation. In light of your bold efforts in these areas it is appropriate that I seek an endorsement for my vegetation management video project from the MROSD. Our organizations have much in common and many mutual interests . We both seek to restore the integrity of the natural environment by providing opportunities for education consistent with ecological values. And we both strive to protect the integrity of the natural environment by raising awareness about the threats posed by exotic invasives . As a landowner with thousands of acres in the suburban wildlands interface zone, the MROSD wields great influence and a letter of endorsement from the board would go a long way in my search for grant funding from companies like ROMIC Technologies in E. Palo Alto. A successful conclusion to my project would also surely influence public opinion to the point where it leaves you with a freer hand to manage vegetation where homeowners have objected to the point of obstruction in the past . Homeowners would also be encouraged to plant natives in their backyards rather than the "dirty dozen" exotics that often escape to wildlands areas . The target audience for my video is homeowners in the 35 to 75 age bracket living in the suburban and rural hills of Southern San Mateo County. The goal is to educate, motivate and entertain. . . . with the hope of effecting enough change in defensible space and fuel loads to prevent a billion JPrinted tor Malcolm Smith <mrosd@openspace.org> __9_teve_Xe_n_n-e-_&Y—, Request--f-o--r—Le—tte—r--of-Sln-dor—seiii-------- dollar Berkeley Hills type fire from hammering the mid-Peninsula. My strategy with this video is to get people to do for the environment what they are not always willing to do for themselves . My mission is to get homeowners to take their fuel reduction problems seriously, in their backyards and beyond. The plot of the video is written around an attention getting scene to be filmed at a train station followed by two, five minute monologues by a naturalist and a brushcutter and then a similar, but mobile, dialog between a botanist and her customer at a native plant nursery. We ' re anticipating a $4, 250 budget, use of high 8 videotape, and a length of 28 . 5 minutes . The beauty of the script is that it can easily be rewritten for use in other Bay Area counties. I have been working on this project for four years, over 1300 people have visited my web site and the project has already been endorsed by a wide cross section of society including fire captains, politicians, college professors, ecologists, botanists and foresters . Copies of these letters are available upon request . My fiscal agent and I will distribute the video to our supporters, to city councils, environmental centers, homeowner associations, video stores, plant nurseries, and hardware stores . We will cable cast the video over the MPAC channel 6 network to the residents of Palo Alto, E. Palo Alto, Menlo Park and Atherton. We will also submit the tape to KCSM channel 60, KQED channel 9 and KTEH channel 54 . This saturation in the marketplace of ideas will ensure the concept has critical mass to effect the change that must come to the environment of the Bay Area. I look forward to answering any questions you might have about the project and will gladly make a personal appearance in front of the board to do so. Please schedule me under new business on your next meeting' s agenda. Sincerely, Steven P. Kennedy Project Director canonbal@best . com , (6 50) 4 73-93 13 PO Box 51852 Palo Alto, CA 94303 Frinted for Malcolm Smith <mrosd@openspace.org> 2 Regional Open S, ce ------------------- DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Steven Kennedy P.O. Box 51852 Palo Alto, CA 94303 Dear Mr. Kennedy: Thank you for your recent email regarding your vegetation management video project. The Board reviewed your correspondence at its regular meeting last night. It is commendable that you have taken the responsibility upon yourself of trying to educate the public in regards to this matter. The District does work on occasion with the California Department of Forestry (CDF) on controlled burns, although generally at that agency's discretion. Our own fuel management program consists primarily of creating and maintaining fire breaks. The District's recent goat grazing project you mentioned was focused on reduction of star thistle as an invasive plant species, not on fuel management. As you may know,the District's mission is one of land conservation. While fuel management is important as one of our land management tools, it is not one of the guiding tenets of the District. Additionally, home fire safety is not within the purview of the District's responsibilities. Although we feel your efforts are worthwhile, it would not be appropriate for the District to provide a formal endorsement of a private video project such as this. As a public agency funded by taxpayers, the Board feels that such endorsements are not within the scope of carrying out District business. Again, thank you for contacting us on this matter, and good luck on your project. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors T" tn�t ��ur G rt. .op,Z4 t�v� Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org 0 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smemoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open S, we 1 'lq4 1 �.IY�•L� ��- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-147 Meeting 97-32 October 22, 1997 AGENDA ITEM —I AGENDA ITEM Proposed Addition of Trifilo et al. Property to Cathedral O Area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDMM19 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Trifilo et al. property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached man) This 19.25-acre property being considered for acquisition is located along Hendrys Creek on the east side of Lexington Reservoir. The property (Santa Clara County Assessor's Parcel 558-27-009) lies approximately 1/4 mile south of the Cathedral Oaks Area of Sierra Azul Open Space Preserve and is an important acquisition because it protects valuable wildlife habitat and watershed land. The canyon surrounding Hendrys Creek is a natural extension of the preserve boundary because it is relatively undeveloped and a pristine watershed. Situated on the north-facing slopes above Hendrys Creek, the property is visible from District land south of Soda Springs Road and adjacent to Woods Road. The property is bounded by private property on all sides. The District has a first right of refusal on the adjacent large parcel to the north and east, that encompasses the upper portion of the watershed and lies between the proposed addition and the existing preserve. The property is characterized by a steep rugged sideslope that drops off steeply into Hendrys Creek. Vegetation types are largely comprised of dense forest along the lower portion of the property giving way to chaparral and scrub oak on the upper slopes. 42 V Vw Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-97-147 Page 2 Improvements to the property include an unsurfaced road and water line. The road provides limited access to the lower northwest comer of the site and extends from Alma Bridge Road to the upper reaches of Hendrys Creek. It also serves as a driveway for adjacent private properties. An above-ground water line that serves an adjacent private parcel follows a tributary which forms the west boundary of the property. USE ND MANAGEMENT PL- N Planning Considerations The property is located within the District boundaries and in an unincorporated area of Santa Clara County. It is zoned HS (Hillside), requiring a 20 to 160 acre minimum lot size based on the average steepness of the property. The property is important in terms of wildlife habitat, watershed protection, and scenic hillside protection and its composite open space value is rated moderately high in the District's Open Space Master Plan. Preliminary Use and Management Plan Recommendations The preliminary use and management plan will take effect at the close of escrow and remain effective until a Comprehensive or Interim Use and Management Plan is complete. Future land use decisions, including plans for increased public access, will follow further environmental assessments to ensure land use decisions are consistent with ecological values. Public Access: Designate as a Conservation Management Unit; public use will not be encouraged until use limitations can be sufficiently overcome. Trail Use Designation: No trails or roads are designated for trail use within the property. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Name: Name the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards and/or encroachments that need to be mitigated. R-97-147 Page 3 CEQA COMPLIANCE Project Description The project consists of the acquisition of a 19.25-acre parcel of land as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. Ultimately, the property will be included in a comprehensive use and management plan for the adjacent open space preserve. The land will be permanently preserved as open space and will be maintained in a natural condition. It may be open to the public for low-intensity recreation. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the property will be maintained in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interests and will maintain the property as open space. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS The purchase price of this 19.25-acre single parcel site is $30,000.00 or approximately$1,558 per acre, payable in cash at the close of escrow. The negotiated price has been determined to be fair and reasonable based upon real estate market activity in the area. This acquisition also helps protect the District's interest in potentially exercising the right of first refusal interest in the adjoining 116-acre property by eliminating the possibility of development of the subject parcel along Hendry's Creek(see report R 90-137). R-97-147 Page 4 Bi DUI CONSMERAnONS 1997/1998 Budget for Land Acquisition New Land $12,700,000 Previous Acquisitions (1,037,720) Trifilo et al. Acquisition proposed on this agenda (30,000) Acquisition Budget Remaining $11 IM1280 Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering cash flow and availability, funds are available for this property purchase. This parcel was identified as an important addition to the Cathedral Oaks Area for wildlife and riparian corridor protection. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Open Space Planner Michael C. Williams, Real Property Representative Contact person: Michael C. Williams,Real Property Representative Sierra Azul Open Space Preserve MIDPENINSULA REGIONAL OPEN SPACE DISTRICT trifilo.ai 1�53 AN 3T. JOSE SIK H' IM r . gxg ... jvai/ x . .............. M 1dXNM4J •IFFf F ENE "A ..... ......... 0'0 N, N, .......... .......... r COUNTY:. j\est Pock Try............................ . ............... .. ....... ..f 12.eM IY . . .... ..... \j KENNEDY LIMEKILN-AREA, 2400 .............. ....... ............. ........... ........... ........... ........... 4- ... ....... ............I?ff...... 2000 ........... 4 X • .. ...... soda .... ..... .................... EME, 'Ilk d....... ....... CAT14EbRAL-OA KS-AREA .......... ............... .......... . ..... 00. ............. ON .......... ... ...................................... ....................................... X .............. 0 60 ... . ..... 1 mile ......... . .. @ ....... ... EXHIBIT A: SITE MAP 1997 RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(SIERRA AZUL OPEN SPACE PRESERVE- LANDS OF TRIFILO ET AL.) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Betty Jean Tnfilo and Anthony Catafi and the Midpeninsula,Regional Open Space District a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to$2,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended,reasonably expected and hereby authorized that the District's general fund will be reimbursed in the amount of$30,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with Districts budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by District. The Board of Directors hereby declares Districts official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Regional Open 1, ace R-97-146 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-32 October 22, 1997 AGENDA ITEM 2 _ AGENDAITEM Authorization to Amend Contract with Callander Associates for Additional Design and Construction Observation Services for the Development of b Access Improvements at the Windy Hill Open Space Preserve GENERAL. MANAGER'S RECOMMENDATION Authorize the General Manager to amend the contract with Callander Associates of San Mateo for $10,403 to provide additional design, construction observation services, and reimbursement for expenses during development of the public access improvements at Windy Hill Open Space Preserve. DISCUSSION At your January 22, 1997 meeting, you authorized the General Manager to contract with Callander Associates for $19,698 to provide design and engineering services for the Windy Hill parking lot improvements (see report R-97-08). The contract was based on the preparation of one set of revisions to the plans and engineering services to be required during the course of construction of the project. At your March 12, 1997 meeting, you reviewed the conceptual design revisions and authorized staff to proceed with the Town of Portola Valley's Site Development Permit process in order to amend the permit for the development of the parking area (see report R-97-34). During the Town's plan review, several major changes were requested to the drawings. At your May 28, 1997 meeting, you reviewed the revised plans for the project, and authorized the General Manager to amend the contract with Callander Associates in an amount not to exceed $15,947 to provide additional planning and engineering services (see report R-97-91). This amount was intended to cover the cost of the revisions and additional meetings necessary to obtain Town approval. The amendment also included an allowance for construction observation services. At your May 28 meeting, you also authorized staff to solicit bids for construction of the project. A contract was awarded to the Jens Hansen Company at your August 27 meeting (see report R-97-131). Several outstanding conditions required attention prior to the Town's issuance of a Site Development Permit. These included an on-site meeting to determine the final Portola Road entry alignment. The meeting was attended by the town planner and engineer, a neighbor at 555 Portola Road, the contractor, and a representative from Callander i��.ty�kk-Of�zee 1 SDI Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 * Phone:650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-97-146 Page 2 Associates. The outcome of the meeting required additional design revisions and meeting time for both the engineer and landscape architect. This amendment covers the cost of the additional design work and meetings, as well as other tasks not anticipated at the time the original cost estimate was prepared. It also increases the reimbursable expenses amount to reflect the actual expenses to date, in addition to the anticipated expenses to complete this contract. This brings the total cost of this contract amendment (including reimbursable expenses) to $10,403. Since January, the District has spent $35,645.00 on the engineering and design expenses necessary to reconfigure the entry to the parking lot from Portola Road and revise the Site Development Permit with the Town of Portola Valley. Staff is preparing a full cost accounting for this entire project. It is unavailable for inclusion in this report but will be available for presentation at your meeting. The parking lot construction is now underway with completion estimated for mid-November, not accounting for delays due to weather. Prepared by: Mary de Beativieres, Open Space Planner Contact person: Same as above CONTRACT AMENDS NO. 2 to Agreed between Midpeninsula Regional Open Space District and Callander Associates This Contract Amendment No. 2 is made and entered into this 23rd day of October, 1997 by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district under the laws of the State of California, ("District") and Callander Associates, a sole proprietorship, ("Consultant"). RECITALS WHEREAS, DISTRICT and CONSULTANT have previously entered into an agreement for Professional Services dated January 23, 1997, and amended May 29, 1997, hereinafter referred to as "the Agreement", and WHEREAS, DISTRICT desires to authorize CONSULTANT to undertake specific projects and tasks as needed during the term of the Agreement, NOW, THEREFORE, in consideration of the mutual promises set forth herein, and for good and valuable consideration, the parties hereto mutually agree upon the following amendments to the Agreement. In all other respects, the Agreement shall be unmodified. Ia. Section (1) of Exhibit A to the Agreement, Scone of Services Comp nsa 'on and Billing shall be amended to add the following Scope of Services: 3.06 Attend meeting with the Town Representatives, Neighbor residing at 555 Portola Road, Contractor and District Representative to discuss flagged entry prior to contractor beginning work in this area. 3.07 Revise drawings based upon input from the meeting. 3.08 Attend follow-up meeting with the Town Representatives, Neighbor, Contractor and District Representative to make final determination on entry from Portola Road. 3.09 Submit final plans to Town for issuance of Site Development Permit. 4.02d Site visits (4 visits @ 4 hours each) 4.02g Coordination of Geotechnical Engineering Consultant II. Paragraph (3) of Exhibit A to the Agreement, Sc ne of Services Com=sation i and Billing shall be amended to add the following: Work for the Scope of Services under Contract Amendment No. 2 will be billed monthly on a time and materials basis, not to exceed $ 7,014.00. including all labor and expenses. IN WITNESS WHEREOF, Consultant has executed this Amendment, and the District, by its General Manager, who is authorized to do so, has executed this Amendment. XMPENINSULA REGIONAL OPEN Approved as to form and procedure: SPACE DISTRICT By: L. Craig Britton, General Manager Susan M. Schectman, District Legal Counsel Date: Date: Attest: CONSULTANT By: District Clerk Date: Date: Regional Open �, -ice 110 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-149 Meeting 97-32 October 22, 1997 AGENDA ITEM 3 AGENDA ITEM Right of Entry for Caltrans to perform Emergency Repairs to State Route 84 (La Honda Creek Open Space Preserve) GENERAI MANAGER'S RECOMMENDATION 1. Determine that the recommended actions are statutori d categorically exem -Prom the California Environmental Quality Act as set out in this report. 2. Authorize the General Manager to execute the Right of Entry with Caltrans for emergency repairs to State Route 84 (La Honda Creek Open Space Preserve). DISCUSSION In September of 1997, Caltrans contacted the District requesting a Right of Entry to enable installation of fifteen underground horizontal drains into the southerly hillside of the District's La Honda Creek Open Space Preserve along the eastbound lane of State Route 84 (La Honda Road). This project is located approximately 1.5 miles southwest of the junction with Highway 35 (Skyline Blvd.) and is the result of earth movement that occurred after the December 1996 storms which closed Highway 84 during the first week of January, 1997. To reopen the roadway, Caltrans removed the slide material and repaired damaged road pavement. Caltrans desires to provide drainage and erosion control to the hillside along Highway 84 to prevent future landslides. The project involves interim and final hydroseeding for erosion control. The hydroseeding mixtures consists of native materials approved by District staff. CEQA COMPLIANCE Prq.ject Description The project involves the issuance of a right of entry to Caltrans for emergency repairs to the hillside along State Route 84 (La Honda Road) adjacent to the District's La Honda Creek Open Space Preserve. Caltrans has proposed installing fifteen horizontal drains into the hillside and hydroseeding the hillside to provide drainage and erosion control to the hillside along Highway 85. CEQA DETERMINATION Project Determination under CEQA The project is statutorily exempt under Section 15269(b)(c) of the California Environmental Quality Act Guidelines. Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997• FAX: 650-691-0485 • E-mail: mrosd@openspace.org • 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 R-97-149 Page 2 Statul= &cmViian 15269 - Emergency Project. The project is designated a statutory exemption under Section 15269(b)(c) for emergency repairs to maintain service to a public facility and/or to prevent or mitigate an emergency. C-21Cgorical Exemption 15301 - Repair and Maintenance of Existing Public Facilities Involving No Expansion of Use. The project consists of maintenance and repair to existing public facilities - topographic features. Categorical Exemption 15303 - Construction and Installation of Small New Facilities. The project consists of installation of underground drains, revegetation, and erosion control. TERMS AND CONDITIONS Because the underground drains are permanent structures on District property, Caltrans will need to obtain long term property rights from the District. As part of the proposed right of entry Caltrans has agreed to the following: 1) Restore any District land impacted by grading and/or tree cutting and removal. 2) Promptly negotiate for long term property rights from the District requiring compensation and/or cooperating with District to obtain encroachment rights along Highway 84. The proposed right of entry assures the protection of District land and allows for the repair of Highway 84 ensuring both public safety and necessity. This document includes protections that were included in previous Rights of Entry with Caltrans and is acceptable to District staff and legal counsel. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above RIGHT OF ENTRY October 22, 1997 Mr.gam,Y. Yahata 4-SM-894 P.M. 13.4 District Director of Transportation E.A. 04-050701 Department of Transportation,Dist. 4 Parcel Slide Repair 111 Grand Avenue Oakland,CA 94612-3771 Dear Mr. Yahata: Permission is hereby granted to enter upon District land,as shown on the attached map,which is marked Exhibit A and incorporated by this reference for the purpose of hydroseeding for erosion control using seed selections agreed upon by Grantor and installation of 15 horizontal underground drains. District land is defined as"Permanent Easement Limit"on Exhibit A. It is understood that this permission is not a waiver in any way of the right to compensation for District land or use of District hand or of any remedy authorized by law to secure payment therefor. It is further agreed that if the District land is graded and/or any trees or shrubs are removed or cut down,State agrees to restore the impacted area to its previous condition,including the restoration of the native plantings which existed prior to said work. State will use caution when working around all existing trees and structures. This permission is granted in consideration of the location,improvement and construction of such highway and incidents thereto,which it is understood is required by the State of California,Department of Transportation,with the understanding that you will hereafter without unnecessary delay,negotiate with the undersigned,and any other person,if any,having any right,title,or interest in said property,to agree upon terms of compensation. State will promptly apply to District for the legal right to maintain,repair,and install the above-described improvements on District land on a permanent basis. State and District will thereupon negotiate in good faith in order to agree upon an appropriate amount of compensation for granting such permanent rights and the nature of the compensation,whether in money,on-or off-site mitigation,or any combination thereof. If any agreement cannot be reached you will promptly commence eminent domain proceedings, including a deposit of funds to support an Order for Possession,to have such a compensation determined Section 1245.235 of the Code of Civil Procedure requires the State of California,Department of Transportation,to give each person whose property is to be acquired by eminent domain notice and a reasonable opportunity to appear before the California Transportation Commission and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure,which provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The Public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner or owners of record(if an offer has not been mace an appraisal will be prepared as soon as practicable and an offer made of the full amount of such appraisal). By granting this right of entry to the State of California,Department of Transportation,we hereby waive our right to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure,as quoted above. We agree that the State can establish the truth of the above-quoted matters,and we will not contest the adoption of a resolution of necessity by the California Transportation Commission. Therefore,because Section 1245.250 of the Code of Civil Procedure states that the adoption of a resolution of necessity by the California Transportation Commission conclusively establishes the matters quoted above,it is understood that the issues which will be determined in any subsequent eminent domain proceeding will be limited to those of just compensation as they relate to the property covered by this agreement and no issues will be raised therein or in preliminary proceedings thereto challenging the public use or necessity of the project,or the utilization therefor of the property covered by this right of entry. It is agreed and confirmed by the parties hereto that the right of possession and use of the subject property by the State, including the right to remove and dispose of improvements,shall commence on October 23, 1997. This Right of Entry shall automatically terminate on October 31, 1998,absent further written agreement between the parties hereto. It is understood that the State of California,Department of Transportation will pay interest on the just compensation paid from the date of possession by the State of California,Department of Transportation The rate of interest will be the rate of earnings of the Surplus Money Investment Fund and computation will be in accordance with Section 1268.350 of the Code of Civil Procedure. Interest will be computed to and including the date of deposit of compensation- State agrees to indemnify,hold harmless,defend,and protect District,its officers,directors,agents,and employees from any and all claims,losses,damages,demands,liabilities,suits,costs,expenses(including all reasonably attorney's fees), penalties,judgments,or obligations whatsoever in connection with any injury,death,or damage to any person or property or pecuniary or monetary loss that results from,arises out of,or in any way relates to the activities of the State or its agents or contractors pursuant to the work performed under this Right of Entry. State hereby waives all claims and recourse against District,including the right of contribution for loss or damage to property,and releases District from any liability related to or in any way connected to the State's activities or the State's use of the project site,premises,or facilities. The State and its contractors and subcontractors shall have sole responsibility for the safeguard of their equipment, property,and personnel(i.e.,employees,agents,officers)from any and all injury,death,or damage and State shall,at its option,either repair or pay for such damages. Sincerely, ACCEPTED: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION L. Craig Britton General Manager By: District Office Chief R/W Acquisition/LPA Services RECOMMENDED FOR APPROVAL: By: Barbara Page Right of Way Agent By: La Honda Creek Open Space Preserve MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ::::::. .::.:..............:......... :....\ ....... .. :::::::.::::..::.:::::.v, .............................. . . .:: bb ..: ::. .:... :. . .:}:.:.}::}:.}}:..}:.::.}}}:.::.;:.}:.}}:.::..::.:..:..:.::::._:::...::. ::.::.::::.::.::.: . :... .::::::::.:::. .::::.::::.:.:: ............. : : :: . :::::::::::::: . :::::::. . ::: :: :::.::.::::::::::::. ::::.::::.. 1 ................................... 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EXHIBIT A: PROJECT LOCATION MAP roe.ai 10/15/97 Regional Open !, ace , 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-148 Meeting 97-32 October 22, 1997 AGENDA ITEM 4 AGENDA ITEM Acceptance of the Midpeninsula Regional Open Space Di c inancial Statement and Report of Independent Certified Public Accountants and uthorization to File Continuing Disclosure Report GENERAL MANAGER'S RECOMMEND TIO Accept the Midpeninsula Regional Open Space District Financial Statement and Report of Independent Certified Public Accountants as compiled by Grant Thornton, Accountants and Management Consultants and Authorize the General Manager to File the Continuing Disclosure Report Required By Law. BACKGROUND The Continuing Disclosure Agreement required as a part of the Midpeninsula Regional Open Space District Financing Authority 1996 Revenue Bond issue necessitates that the District file its Annual Report, which consists of the attached Financial Statement within 210 days of the end of its fiscal year (March 31) to BNY Western Trust Company, trustee for this bond issue. The Disclosure Report is required by SEC Regulations for certain local government financing.. Prepared by: L. Craig Britton, General Manager Contact person: Same as above ►wrw,k'yYsww 01��1V•r.w'�.�GG Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org OD Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton Regional Open S. Te 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 2, 1997 BNY Western Trust Company 550 Kearny Street, Suite 600 San Francisco, CA 94108 Attention: Ms. Priscilla Dedoro Re: Continuing Disclosure Agreement Regarding the Midpeninsula Regional Open Space Financing Authority 1996 Revenue Bonds Gentlemen and Ladies: This letter and the attachments represent the Annual Report of the Midpeninsula Regional Open Space Financing Authority (the "Authority") and the Midpeninsula Regional Open Space District (the "District") for the 1996-1997 fiscal year as required by Sections 3 and 4 of the referenced agreement. Attached are the following: 1. Audited financial statements of the Authority and the District; 2. Updated table of District secured and unsecured tax receipts for the ten years ending June 30, 1997; and 3. Updated table of debt outstanding of the District as of June 30, 1997. j re L. g Britton General Manager LCB:sds attachments r- MfcG IL��•41+�WK��++ r. Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972.1"7- FAX:650-691-0485 • E-mail:mrosdOopenspace.org • Web site:www.openspace.org • Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smemoff,Nanette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton TABLE 2 DISTRICT SECURED AND UNSECURED TAX RECEIPTS (1) CURRENT SECURED TAX RECEIPTS FISCAL SANTA CLARA SAN MATEO TOTAL YEAR COUNTY COUNTY DISTRICT 1987/88 3,712,180 1,674,445 5,386,625 1988/89(2) 4,007,120 1,792,226 5,799,346 1989/90 4,476,832 2,031,886 6,508,718 1990/91 4,580,579 2,342,564 6,923,143 1991/92 5,311,839 2,426,882 7,738,721 1992/93 5,448,227 2,449,937 7,898,164 1993/94 5,431,540 2,633,077 8,064,617 1994/95 5,947,135 2,829,980 8,777,115 1995/96 5,906,079 2,909,826 8,815,905 1996/97 6,076,525 3,049,870 9,126,395 DISTRICT TOTAL CURRENT UNSECURED TAX RECEIPTS SECURED AND FISCAL SANTA CLARA SAN MATEO TOTAL UNSECURED YEAR COUNTY COUNTY DISTRICT RECEIPTS 1987/88 507,689 221,739 729,428 6,116,053 1988/89('*) 574,021 236,983 811,004 $6,610,350 1989/90 625,167 242,246 867,413 $7,376,131 1990/91 739,049 280,485 1,019,534 $7,942,677 1991/92 742,900 312,098 1,054,998 $8,793,719 1992/93 762,242 331,431 1,093,673 $8,991,837 1993/94 754,355 363,596 1,117,951 $9,182,568 1994/95 704,557 322,486 1,027,043 $9,804,158 1995/96 716,892 351,800 1,068,692 $9,884,597 1996/97 800,423 356,314 1,156,737 $10,283,132 (1) THE DISTRICT ALSO RECEIVES A SHARE OF DELINQENT TAXES, REDEMP- TION FEES AND SUPPLEMENTAL TAXES AND STATE SUBVENTION PAY- MENTS RECEIVED BY EACH COUNTY. THIS REVENUE TOTALED $414,875 IN 1995/96 AND $445,950 IN 1996/97. (2) NINE-MONTH FISCAL YEAR (DISTRICT CHANGED FOSCAL YEAR END FROM JUNE 30 TO MARCH 31) TABLE 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DEBT OUTSTANDING ($THOUSANDS) OBLIGATION 1997/98 ORIGINAL OUTSTANDING DEBT FINAL AMOUNT 6/30/97 SERVICE PAYMENT FOOTHILLS 192 144 18 DEC 1998 SKYLINE 500 500 33 MAR 2003 SIERRA AZUL (1) 150 89 13 AUG 2008 1990 NOTES 15,000 13,885 1,609 SEP 2010 1992 NOTES 8,000 8,000 792 DEC 2012 1993 COP 17,315 17,175 1,289 SEP 2020 1995 NOTES 11,500 11,500 799 MAR 2015 1996 REVENUE BONDS 29,199 29,910 1,426 SEP 2026 TOTAL $81,856 $81,203 $5,979 (1) AGGREGATION OF NOTES PAYABLE FOR PARCELS WITHIN ONE OPEN SPACE PRESERVE. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Financial Statements and Report of Independent Certified Public Accountants March 31, 1997 150 Almaden Boulevard P.O.Box 6779 San.lose,CA 95150-6779 408 275-9000 FAX 408 275-0582 Report of Independent Certified Public Accountants Grant ThorntonjAV WNT THORNTON:La Accountants and Management Consultants The U.S.Member Firm of Grant Thornton International The Board of Directors Midpeninsula Regional Open Space District We have audited the accompanying combined balance sheet of the Midpeninsula Regional Open Space District (the "District") as of March 31, 1997, and the related statement of revenues, expenditures and changes in fund balance, budget and actual, of the General Fund for the year then ended. These financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the District at March 31, 1997, and the results of operations and changes in fund balance of the General Fund for the year then ended in conformity with generally accepted accounting principles. San Jose, California June 4, 1997 Midpeninsula Regional Open Space District COMBINED BALANCE SHEET March 31,1997 Account Groups General General Total General Agency Fixed Long-Term (Memorandum ASSETS Fund Fund Assets Debt Only) Cash, including interest-bearing deposits and cash equivalents $ 13,882,140 $ - $ - $ - $ 13,882,140 Restricted cash and cash equivalents 479,178 - - - 479,178 Restricted investments 5,308,566 1,645,870 - - 6,954,436 Property tax and other receivables 1,703,459 - - - 1,703,459 Prepaid expenses 21,298 - - - 21,298 Land - 160,429,360 - 160,429,360 Structures and improvements - - 7,206,848 - 7,206,848 Equipment - - 1,543,066 - 1,543,066 Amount available in General Fund - - - 5,787,744 5,787,744 Amount to be provided for retirement of general long-term debt - - - 75,416,256 75,416,256 TOTAL ASSETS $ 21,394,641 $ 1,645,870 $ 169,179,274 $ 81,204,000 $ 273,423,785 LIABILITIES AND FUND EQUITY Liabilities Accounts payable $ 190,632 $ - $ - $ - $ 190,632 Accrued liabilities 248,048 - - - 248,048 Deposits 29,615 - - - 29,615 Deferred revenue 253,898 - - - 253,898 Deferred compensation - 1,645,870 - 1,645,870 Long-term debt - - 81,204,000 81,204,000 Total liabilities 722,193 1,645,870 81,204,000 83,572,063 Fund equity Investment in general fixed assets - - 169,179,274 - 169,179,274 Fund balance 20,672,448 - - - 20,672,448 Total fund equity 20,672,448 - 169,179,274 - 189,851,722 TOTAL LIABILITIES AND FUND EQUITY $ 21,394,641 $ 1,645,870 $ 169,179,274 $ 81,204,000 $ 273,423,785 The accompanying notes are an integral part of this statement. Midpeninsula Regional Open Space District STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL-GENERAL FUND For the year ended March 31, 1997 Variance Favorable Budget Actual (Unfavorable) REVENUES General property tax $ 10,445,000 $ 10,025,454 $ (419,546) State grants 493,000 195,264 (297,736) Other property taxes 180,000 183,139 3,139 Interest 520,000 710,747 190,747 Rental income and other 588,000 647,332 59,332 Total 12,226,000 11,761,936 (464,064) EXPENDITURES Salaries and benefits 3,138,500 3,038,125 100,375 Professional services 288,400 283,378 5,022 Vehicle expenses 142,700 143,110 (410) Rent 9,200 8,251 949 Site supplies and services 203,200 185,949 17,251 Utilities and communications 129,800 116,226 13,574 Other 463,650 422,532 41,118 Acquisitions: Land 8,402,000 930,284 7,471,716 Structures and improvements 1,141,400 847,442 293,958 Equipment 131,650 133,935 (2,285) Debt service Principal retirement 810,000 639,960 170,040 Interest 4,025,800 4,720,651 (694,851) Total 18,886,300 11,469,843 7,416,457 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (6,660,300) 292,093 6,952,393 OTHER FINANCING SOURCES (USES) Proceeds from sale of land, net - 600,000 600,000 Proceeds from issuance of long-term debt, net 28,621,000 28,615,726 (5,274) Repayment of long-term debt (19,660,000) (18,653,476) 1,006,524 Total 8,961,000 10,562,250 1,601,250 REVENUES AND OTHER FINANCING SOURCES OVER (UNDER) EXPENDITURES 2,300,700 10,854,343 8,553,643 Fund balance, April 1, 1996 9,818,105 9,818,105 - Fund balance, March 31, 1997 $ 12,118,805 $20,672,448 $ 8,553,643 The accompanying notes are an integral part of this statement. Midpeninsula Regional Open Space District NOTES TO FINANCIAL STATEMENTS March 31, 1997 NOTE A- ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES 1. Organization The Midpeninsula Regional Open Space District (the "District") was formed in 1972 to acquire and preserve open space land in the northern and western portions of Santa Clara County. In June 1976, the southern and eastern portion of San Mateo County was annexed to the District. The District annexed a small portion of the northern tip of Santa Cruz County in 1992. 2. Reporting Entity The District and the Midpeninsula Regional Open Space District Financing Authority (the "Authority") have a financial and operational relationship which meets the reporting entity definition criteria of GAS13 Statement No. 14, The Financial Reporting Entity, for inclusion of the Authority as a component unit of the District. Accordingly, the financial activities of the Authority have been included in the financial statements of the District. The following are those aspects of the relationship between the District and the Authority which satisfy GASB No. 14 criteria. Accountability 1. The Authority's Board of Directors was appointed by the District's Board of Directors. 2. The District is able to impose its will upon the Authority, based on the following: • All major financing arrangements, contracts, and other transactions of the Authority must have the consent of the District. • The District exercised significant influence over operations of the Authority. The District is the sole obligator for any obligations issued by the Authority. 3. The Authority provides specific financial benefits or imposes specific financial burdens on the District based upon the following: • Any deficits incurred by the Authority will be reflected in the payments of the District. • Any surpluses of the Authority revert to the District. Scope of Public Service The Authority is organized as a joint powers authority pursuant to the California Government Code. The Authority was formed for the sole purpose of providing financing assistance to the District to fund the acquisition of land to preserve and use as open space. The District intends to manage and occupy all properties financed by the Authority. Midpeninsula Regional Open Space District NOTES TO FINANCIAL STATEMENTS (continued) March 31, 1997 NOTE A-ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES (continued) Financial Presentation For financial presentation purposes, the Authority's financial activity has been blended, or combined, with the financial data of the District. The financial statements present the Authority's financial activity within the General Fund and the Account Groups. The 1996 Revenue Bonds issued by the Authority are included in the General Long-Term Debt Account Group. 3. Basis of Accountinq The records of the District are maintained on the modified accrual basis of accounting. Under this method, revenues are generally recognized in the period they become measurable and available, and expenditures are generally recognized when the obligation is incurred, except for interest on long-term debt, which is recognized as an expenditure when due. Substantially all revenues are susceptible to accrual. 4. Budgets and Budgetary Accounting The Board of Directors of the District adopts an annual operating budget on or before.March 31 for the ensuing fiscal year. The Board of Directors may amend the budget by resolution during the fiscal year. All appropriations lapse at the end of the fiscal year. The budget is presented on a basis consistent with generally accepted accounting principles. 5. Agency Fund The Agency Fund accounts for the assets of the District's deferred compensation plan which are held by the District as an agent for its employees. 6. General Fixed Assets Land, structures, improvements, and equipment purchased by the District are stated at cost in the General Fixed Assets Account Group. Assets donated to the District are stated at their estimated fair market value as of the date received. Depreciation is not recorded for fixed assets. 7. long-term Debt The principal portion of long-term debt is recorded as a liability in the General Long-Term Debt Account Group. Midpeninsula Regional Open Space District NOTES TO FINANCIAL STATEMENTS (continued) March 31, 1997 NOTE A-ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES (continued) 8. Property Tax Levy, Collection and Maximum Rates The State of California ("State") Constitution Article X111 A provides that the combined maximum property tax rate on any given property may not exceed one percent of its assessed value unless an additional amount for general obligation debt has been approved by voters. Assessed value is calculated at 100 percent of market value as defined by Article XIII A and may be increased by no more than two percent per year unless the property is sold or transferred. The State Legislature has determined the method of distribution of receipts from the one percent tax levy among the counties, cities, school districts and other districts. The District receives property tax revenues from Santa Clara and San Mateo Counties. The Counties assess properties, bill for and collect property taxes as follows: Secured Unsecured Valuation dates March 1 March 1 Lien/Levy dates July 1 March 1 Due dates 50% on November 1 July 1 50% on February 1 Delinquent as of December 10 (for November) August 31 April 10 (for February) Property taxes are distributed to the District by the Counties following their collection. Unsecured taxes are levied on personal property other than real estate, land and buildings. These taxes are secured by liens on the property being taxed. 9. Compensated Absences Vacation pay is recorded as an expenditure in the year earned. Sick leave is recorded as an expenditure when paid. 10. Use of Estimates In preparing financial statements in conformity with generally accepted accounting principles, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities and the disclosure of contingent assets and liabilities at the date of the financial statements, as well as revenues and expenses during the reporting period. Actual results could differ from those estimates. I Midpeninsula Regional Open Space District NOTES TO FINANCIAL STATEMENTS (continued) March 31, 1997 NOTE A-ORGANIZATION AND SIGNIFICANT ACCOUNTING POLICIES (continued) 11. Total (Memorandum Only) The column in the financial statements captioned "Total (Memorandum Only)" is presented for purposes of additional analysis and is not a required part of the basic financial statements. This information is not comparable to a consolidation and does not present financial position in conformity with generally accepted accounting principles. NOTE B-CASH AND CASH EQUIVALENTS Cash and cash equivalents consist of the following at March 31, 1997: Deposits Cash on hand and bank overdraft- unrestricted $ (9,483) Cash in banks - restricted 479,178 Pooled Funds Cash in Santa Clara County Treasury- unrestricted 13,891,623 Cash in Santa Clara County Treasury- restricted 443,110 Cash balances held in banks are insured up to $100,000 by the Federal Depository Insurance Corporation. All U.S. Government securities are insured or collateralized with securities held by the District or its agent in the District's name. The type of investments made by the District are restricted by state law. The Santa Clara County investment pool is subject to legal restrictions, and additional restrictions prescribed by the County. NOTE C - DEFERRED COMPENSATION INVESTMENTS Investments of $1,645,870 with a fair market value of $1,645,870 at March 31, 1997, included in the Agency Fund, are restricted for the District's deferred compensation plan. The investments of the plan are held by the District's agent in the District's name. NOTE D- RESTRICTED INVESTMENTS The District maintains certain restricted investments for purposes of satisfying the future requirements of its long-term debt. These investments are in U.S. Government securities with maturity dates ranging from March 31, 1997 to August 31, 1999. The investments are recorded at cost which approximates fair market value as of March 31, 1997. Midpeninsula Regional Open Space District NOTES TO FINANCIAL STATEMENTS (continued) March 31, 1997 NOTE E - FIXED ASSETS Changes in the General Fixed Assets Account Group for the year ended March 31, 1997 were as follows: Balances Balances April 1, March 31, 1996 Additions Retirements 1997 Land $ 159,759,076 $ 930,284 $ 260,000 $ 160,429,360 Structures and improvements 6,359,406 847,442 - 7,206,848 Equipment 1,466,485 133,935 57,354 1,543,066 $ 167,584,967 $ 1,911,611 $ 317,354 $ 169,179,274 All fixed assets additions during fiscal 1997 were acquired through general fund expenditures. NOTE F - LONG-TERM DEBT Long-term debt issued to acquire land, structures and improvements, and equipment is recorded in the General Long-Term Debt Account Group. Changes in the account group for the year ended March 31, 1997 were as follows: Long-term debt, April 1, 1996 $ 70,587,235 Issuance of bonds payable 29,910,201 Principal repayments (639,960) Principal reductions (18,653,476) Long-term debt, March 31, 1997 $ 81,204,000 The following is a detail of the long-term of the District as of March 31, 1997: • Long-term debt of $733,799 bears interest at fixed rates from 5% to 7% at March 31, 1997 and is collateralized by land. • 1990 Notes, principal balance of $13,885,000, bearing interest at rates ranging from 6.50% to 7.50%, maturing annually from September 1, 1995 through September 1, 2010. 1992 Notes, principal balance of $8,000,000, bearing interest at rates ranging from 5% to 6.35% maturing annually from July 1, 1997 through July 1, 2012. 1993 Certificates of Participation including Serial Certificates with a principal balance of$6,920,000, bearing interest at rates ranging from 2.90% to 5.6% maturing annually from September 1, 1994 through September 1, 2009. This issue also includes$4,345,000 of 5,70%Term Certificates due on September 1, 2014 and $5,910,000 of 5.75%Term Certificates due on September 1, 2020. Mkdpeninsula Regional Open Space District NOTES TQ FINANCIAL STATEMENTS (continued) March 31, 1997 NOTE F- LONG-TERM DEBT(oondnued) ° 1995 Noteo, principal balance of $11.5OO.ODO. comprised of $1.355.000 of Serial Notes, bearing interest otrates ranging from 5.7596 to796. maturing annually from September 1, 1998thcough September 1. 2OOS. and $1O.145.00Oof7Y6 term notes due on September 1. 2O14. ° 1996 Notes, principal balance of $28.910.201. including $18.775.000 of Current Interest Bondn, bearing interest at rates ranging from 3.996 to 5.75% maturing annually from September 1. 1997 through September 1, 2012. This issue also includes $4.900.000 of Current Interest Term Bondo, bearing interest at 5.9Y6 due September 1. 2014 and $8.235.201 of Capital Appreciation Bondy, bearing interest at rates ranging from 6.2q6 to 6.3Y6. maturing annually from September 1. 2015 through September 1. 2O2G. All notes are payable from limited ad valorem property taxes levied on all taxable property within the District. The District has not pledged its full faith and credit or taxing power for payment of the notes nor are the notes collateralized bv any District property. Maturities of long-term debt are anfollows: Year Ending March 31, Principal Interest Total 1998 $ 1.945.925 $ 4.533.625 $ 8.470.550 1999 2.001.951 4.408.043 8.409.984 2000 2.183.031 4.293.746 6`476.777 2001 2.384.170 4.186.502 8.530.732 2002 2.552.405 4.035.325 0.577.730 Thereafter through 2O28 NOTE G - EMPLOYEES' RETIREMENT PLAN All regular employees are eligible to participate in the Public Employees' Retirement Fund (the "Fund") of the State of California's Public Ennp}oyaao Retirement System (~PERS^). The Fund, an agent multiple-employer defined benefit retirement plan that acts aoa common investment and administrative agent for various local and state governmental agencies within California, is administered by a Board of Administration composed of individuals who are (1) elected by PERS nnennbevs. (2) appointed by elected State of California officials, and (3) specific e|aobad State of California officials. The Fund provides retirement, disability, and death benefits. Such benefits are based on each employee's years oy service, age and final compensation. Employees vest after five years of service and are eligible to receive retirement benefits at age 50. These benefits provisions and all other requirements are established by State statute and District resolution. Midpeninsula Regional Open Space District NOTES TO FINANCIAL STATEMENTS (continued) March 31, 1997 NOTE G - EMPLOYEES' RETIREMENT PLAN (continued) For the year ended March 31, 1997, the District made contributions to the Fund of $199,985. The District's payroll for employees covered by the Fund for the year ended March 31, 1997 was $2,321,974 from a total payroll of $2,437,606. District participation in the Fund is comprised of 55 active employees of a total of 61 employees. The District's required employer contribution rate is 3.74%. The employees' required contribution rate is 7%, which is currently funded by the District. Funding Status and Progress The "pension" benefit obligation is determined for each participating employer by the Fund's actuary and is a standardized disclosure measure that results from applying actuarial assumptions to estimate the present value of pension benefits, adjusted for the effects of projected salary increases and step rate benefits, to be payable in the future as a result of employee service to date. The measure is intended to help users assess the funding status of the District's portion of the Fund to which contributions are made on a going-concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits and is independent of the funding method used. The "excess of net assets available for benefits over the pension benefit obligation" was computed as part of an actuarial valuation performed as of June 30, 1995 (most recent valuation). Significant actuarial assumptions used in the valuation include (a) rate of return on the investment of present and future assets of 8.50% per year compounded annually; (b) projected salary increases of 4.5% per year attributable to inflation; (c) across the board real salary increases of 0.0%; and (d) additional projected salary increases, that vary by length of service, each year and are attributable to merit/longevity. Information applicable to the District's employee group at June 30, 1995 (the latest date for which the information is available) follows: Pension benefit obligation: Retirees and beneficiaries currently receiving benefits and terminated employees not yet receiving benefits $ 811,725 Current employees- Accumulated employee contributions and allocated investment earnings 1,415,630 Employer-financed, vested 868,423 Employer-financed, nonvested 54,723 Total pension benefit obligation 3,150,501 Net assets available for benefits, at cost(total market value, $3,620,354) 4,200,627 Unfunded pension benefit obligation (surplus) IJI.Q�01 26� Changes in the pension benefit obligation from last year due to: Changes in benefit provisions $ - Changes in actuarial assumptions Midpeninsula Regional Open Space District NOTES TO FINANCIAL STATEMENTS (continued) March 31, 1997 NOTE G - EMPLOYEES' RETIREMENT PLAN (continued) Actuarially Determined Contributions Required and Contributions Made The funding policy of the Fund provides for actuarially determined periodic contributions by the District at rates such that sufficient assets will be available to pay Fund benefits when due. The District's contribution calculation for the year ended March 31, 1997 was made in accordance with the actuarially determined requirements computed as of June 30, 1995. The contribution rate for normal cost is determined using the credited projected benefits actuarial funding method. The Fund uses the level percentage of payroll method to amortize the liability over an eight -year period. Significant actuarial assumptions used in the 1995 valuation to compute the actuarially determined contribution requirements are the same as those used to compute the pension benefit obligation as described above. Historical Trend Information Trend information gives an indication of the progress made in accumulating sufficient assets to pay for benefits when due. System wide ten-year trend information may be found in the California Public Employees' Retirement Systems' annual report. Trend information for the District for each of the five years in the period ended June 30, 1995 (the period for which information is available) is as follows (dollars in thousands): 1995 1994 1993 1992 1991 Net assets available for benefits Pension benefit obligation Excess of net assets over the pension benefit obligation Percentage funded Annual covered payroll Excess of net assets over the pension obligation as a percentage of covered payroll Employer contributions as a percentage of covered payroll $4,206 $ 3,631 $ 2,868 $ 2,459 $ 2,100 3,150 2,619 2,345 2,124 1,831 $1,056 $ 1,012 $ 523 $ 335 $ 269 133% 139% 122% 116% 115% $2,585 $ 2,293 $ 2,013 $ 1,876 $ 1,718 41% 44% 26% 17.9% 15.7% 7.7% 6.1% 12.4% 10.2% 5.4% Midpeninsula Regional Open Space District NOTES TO FINANCIAL STATEMENTS (continued) March 31, 1997 NOTE H - DEFERRED COMPENSATION PLAN During 1988, the District established a deferred compensation plan for its employees in accordance with California Government Code Section 53212 and Internal Revenue Code Section 457. The plan, available to all District employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death or unforeseeable emergency. All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights are (until paid or made available to employee or other beneficiary) solely the property and rights of the District (without being restricted to the provisions of benefits under the Plan), subject only to the claims of the District's general creditors. Participants' rights under the plan are equal to those of general creditors of the District in an amount equal to the fair market value of the deferred account for each participant. Changes in the assets (restricted investments) of the deferred compensation plan for the year ended March 31, 1997 are as follows: Balance, April 1, 1996 $ 1,388,925 Additions 287,686 Payments (30,741) Balance, March 31, 1997 $ 1,645,870 NOTE I - LEASE REVENUES The District leases certain land and structures to others under operating leases with terms generally on a month-to-month basis. Lease revenue received was approximately $554,421 during the year ended March 31, 1997. NOTE J - LITIGATION The District is named in certain claims and litigation. In the opinion of management, after consultation with counsel, the liability, if any, resulting therefrom will not have a material effect on the District's financial position. Claims No. 97-19 Meeting 97-32 Date: October 22, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3018 500.00 Aaron's Septic Tank Service Septic Service 3019 624.86 Acme & Sons Sanitation Sanitation Services 3020 81.19 Acorn Signs District Banner 3021 156.71 Al Sanitation Restroom Rental 3022 135.50 Randy Anderson Reimbursement--Supplies and Vehicle Expense 3023 141.90 Artech Laminating Lamination Supplies 3024 20.33 A T & T Telephone Service 3025 41.14 Bay Hydraulics, Inc. Tractor Repair Part 3026 305.92 Beck's Shoes Uniform Boots 3027 1,326.22 Bimark, Inc. Magnets for Anniversary Event 3028 2,630.00 Louis Bordi Engineering Road Access--Skyline Ranch Dump 3029 50.00 Carleen Bruins Reimbursement--Membership Dues 3030 206.20 Cabela's Uniform Supplies 3031 23.61 California Water Service Water Meter--Windy Hill Parking Lot 3032 2,203.65 Callander Associates Windy Hill Parking Lot Design Consultants 3033 140.00 Camino Medical Group Medical Services 3034 180.00 CARPOSA Conference--J. Escobar and G. Baillie 3035 4,528.36 Central Coast Wilds Revegitation Consultant--Highway 84 3036 318.51 Clyde Robin Seed Company Anniversary Event--Seed Packets 3037 270.30 Communications & Control P G & E Pump--Mt Umunhum 3038 192.87 Patrick Congdon Reimbursement--Rental Repairs 3039 5,849.00 Cotton, Shires and Associates, Inc. Geological Consultants--Schilling Lake 3040 100.00 Coyote Point Museum Bonnie Hassan--Docent Training 3041 45.00 *1 Jed Cyr Business Meeting Reimbursement 3042 1,313.86 Emergency Vehicle Systems Vehicle Equipment 3043 156.83 Farrelle Communications Radio Batteries 3044 30.75 FedEx Express Mail Service 3045 120.05 Foster Brothers Security Systems, Inc. Keys and Tags 3046 56.54 Matt Freeman Vehicle Expense 3047 333.09 Gardenland Power Equipment Field Supplies 3048 60.88 G & K Services Shop Towel Service 3049 536.42 Goodyear Auto Service Center Tire Repair and Tires 3050 487.50 Greeninfo Network Consultant--GIS Data--Patrol Map Book 3051 48.08 GTE Mobilnet Cellular Phone Service 3052 481.77 Home Depot Field Supplies 3053 140.31 Hyster Sales Training Video 3054 59.10 Interstate Traffic Control Field Supplies 3055 1,181.03 Jakaby Engineering La Honda Creek Bridge Consultant 3056 978.87 Kaiser Cement Baserock 3057 1,828.40 Tamara Kan Consultant--Natural Resource Study 3058 50.00 Jeffrey King Sweco Dozer Modification 3059 45.00 John Kowaleski Reimbursement--Supplies 3060 70.00 Kwik Key Lock & Safe Co., Inc. Lock Repair 3061 133.91 Langley Hill Quarry Baserock 3062 221.87 Los Altos Garbage Company Garbage Service 3063 161.29 *2 Julie McCullough Vehicle Expense 3064 200.00 Juliette McDonald October 12th Event--Musical Performance Page 1 Claims No. 97-19 Meeting 97-32 Date: October 22, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3065 317.48 MetroMobileCommunications Radio Repair Service 3066 229.95 Micro Accounting Solutions Computer Consultant Services 3067 635.36 Minton's Lumber & Supply Field Supplies 3068 1,112.13 Mountain View Garden Center Field Supplies 3069 19.50 Netcom Monthly Internet Service 3070 1,185.90 Office Depot Office Supplies 3071 8,449.00 Art O'Neal & Associates Organizational Development Instructor 3072 1,252.88 Orchard Supply Hardware Field Supplies 3073 1,166.46 Pacific Bell Telephone Services 3074 191.98 Pacific Coast Seed Rhus Ridge Road Revegitation Project 3075 112.08 Pearson Automobile Company, Inc. Vehicle Repair 3076 285.39 Peninsula Blueprint, Inc. Blueprints 3077 414.71 PIP Printing Program and Newsletter Printing 3078 10.36 Precision Engraving Name Tag Engraving 3079 34.13 Rayne Water Conditioning Water Service 3080 23,033.00 George Rice & Sons Anniversary Newsletter Printing 3081 2,409.56 Roy's Repair Service Vehicle Maintenance and Repair 3082 638.95 Barbara Scherb Rufer Planning Consultant 3083 114.25 Safety-Kleen Solvent Tank Service 3084 2.00 San Francisco Newspaper Agency Advertisement--Recruitment 3085 44.00 Sequoia Analytical Water Testing 3086 174.76 *3 Second Cup Business Meeting Expense 3087 193.15 Sears Equipment Parts and Shop Vacuum 3088 5,720.00 E. R. Sheehan Trail Construction Services 3089 345.58 John Shelton, Inc. Bridge Materials 3090 184.79 Signs of the Times Signs 3091 130.51 Skywood Trading Post Fuel 3092 75.00 Special Districts Association of Santa Clara Meeting-J. Escobar, C. Britton, P. Siemen 3093 73.41 Staples Office Supplies 3094 15.48 State Board of Equalization Diesel Fuel Tax 3095 29,000.00 Stewart Title of California, Inc. Trifilo Property Purchase 3096 37.47 Sweco Products, Inc. Sweco Dozer Parts 3097 45.97 Stevens Creek Quarry Baserock 3098 2,692.72 Teater & Etc. Map Graphics 3099 60.00 Terminix Pest Control Service 3100 3,727.94 Terratech Engineering Geotechnical Services--Landslide Project 3101 4,477.70 Turner & Mulcare Legal Services 3102 2,378.08 U.S. Rentals Equipment Rentals 3103 8.83 West Coast Rebar Rebar 3104 300.00 Roberta Wolfe Recording Services 3105 648.36 Del Woods Reimbursement--Computer Supplies 3106 58.75 Workingman's Emporium Uniforms 3107 81.19 *4 Yerba Buena Nursery Picchetti Restoration Plants 3108 99.95 Zax Electronic Resource Document 3109R 2,137.86 First Trust National Association Note Paying Agent 311OR 60,790.95 Jens Hansen Company, Inc. Windy Hill Improvement Project 3111R 36,000.00 Navarone Industries Postage--25th Anniversary Newsletter Page 2 Claims No. 97-19 Meeting 97-32 Date: October 22, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 3112R 248.83 Petty Cash Local Business Meetings, Office Supplies, Field Supplies, UPS Delivery, Film and Developing *1 Urgent Check Issued October 10, 1997 *2 Urgent Check Issued October 10, 1997 *3 Urgent Check Issued October 8 and 10, 1997 *4 Urgent Check Issued October 15, 1997 Total 220,133.17 Page 3 Claims No. 97-19 Meeting 97-32 Date: October 22, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3018 500.00 Aaron's Septic Tank Service Septic Service 3019 624.86 Acme & Sons Sanitation Sanitation Services 3020 81.19 Acorn Signs District Banner 3021 156.71 Al Sanitation Restroom Rental 3022 135.50 Randy Anderson Reimbursement--Supplies and Vehicle Expense 3023 141.90 Artech Laminating Lamination Supplies 3024 20.33 A T & T Telephone Service 3025 41.14 Bay Hydraulics, Inc. Tractor Repair Part 3026 305.92 Beck's Shoes Uniform Boots 3027 1,326.22 Bimark, Inc. Magnets for Anniversary Event 3028 2,630.00 Louis Bordi Engineering Road Access--Skyline Ranch Dump 3029 50.00 Carleen Bruins Reimbursement--Membership Dues 3030 206.20 Cabela's Uniform Supplies 3031 23.61 California Water Service Water Meter--Windy Hill Parking Lot 3032 2,203.65 Callander Associates Windy Hill Parking Lot Design Consultants 3033 140.00 Camino Medical Group Medical Services 3034 180.00 CARPOSA Conference--J. Escobar and G. Baillie 3035 4,528.36 Central Coast Wilds Revegitation Consultant--Highway 84 3036 318.51 Clyde Robin Seed Company Anniversary Event--Seed Packets 3037 270.30 Communications & Control P G & E Pump--Mt Umunhum 3038 192.87 Patrick Congdon Reimbursement--Rental Repairs 3039 5,849.00 Cotton, Shires and Associates, Inc. Geological Consultants--Schilling Lake 3040 100.00 Coyote Point Museum Bonnie Hasson--Docent Training 3041 45.00 *1 Jed Cyr Business Meeting Reimbursement 3042 1,313.86 Emergency Vehicle Systems Vehicle Equipment 3043 156.83 Farrelle Communications Radio Batteries 3044 30.75 FedEx Express Mail Service 3045 120.05 Foster Brothers Security Systems, Inc. Keys and Tags 3046 56.54 Matt Freeman Vehicle Expense 3047 333.09 Gardenland Power Equipment Field Supplies 3048 60.88 G & K Services Shop Towel Service 3049 536.42 Goodyear Auto Service Center Tire Repair and Tires 3050 487.50 GreenInfo Network Consultant--GIS Data--Patrol Map Book 3051 48.08 GTE Mobilnet Cellular Phone Service 3052 481.77 Home Depot Field Supplies 3053 140.31 Hyster Sales Training Video 3054 59-10 Interstate Traffic Control Field Supplies 3055 1,181.03 Jakaby Engineering La Honda Creek Bridge Consultant 3056 978.87 Kaiser Cement Baserock 3057 1,828.40 Tamara Kan Consultant--Natural Resource Study 3058 50.00 Jeffrey King Sweco Dozer Modification 3059 45.00 John Kowaleski Reimbursement--Supplies 3060 70.00 Kwik Key Lock & Safe Co., Inc. Lock Repair 3061 133.91 Langley Hill Quarry Baserock 3062 221.87 Los Altos Garbage Company Garbage Service 3063 161.29 *2 Julie McCullough Vehicle Expense 3064 200.00 Juliette McDonald October 12th Event--Musical Performance Page 1 Claims No. 97-19 Meeting 97-32 Date: October 22, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 3065 317.48 MetroMobileCommunications Radio Repair Service 3066 229.95 Micro Accounting Solutions Computer Consultant Services 3067 635.36 Minton's Lumber & Supply Field Supplies 3068 1,112.13 Mountain View Garden Center Field Supplies 3069 19.50 Netcom Monthly Internet Service 3070 1,185.90 Office Depot Office Supplies 3071 8,449.00 Art O'Neal & Associates Organizational Development Instructor 3072 1,252.88 Orchard Supply Hardware Field Supplies 3073 1,166.46 Pacific Bell Telephone Services 3074 191.98 Pacific Coast Seed Rhus Ridge Road Revegitation Project 3075 112.08 Pearson Automobile Company, Inc. Vehicle Repair 3076 285.39 Peninsula Blueprint, Inc. Blueprints 3077 414.71 PIP Printing Program and Newsletter Printing 3078 10.36 Precision Engraving Name Tag Engraving 3079 34.13 Rayne Water Conditioning Water Service 3080 23,033.00 George Rice & Sons Anniversary Newsletter Printing 3081 2,409.56 Roy's Repair Service Vehicle Maintenance and Repair 3082 638.95 Barbara Scherb Rufer Planning Consultant 3083 114.25 Safety-Kleen Solvent Tank Service 3084 2.00 San Francisco Newspaper Agency Advertisement--Recruitment 3085 44.00 Sequoia Analytical Water Testing 3086 174.76 *'3 Second Cup Business Meeting Expense 3087 193.15 Sears Equipment Parts and Shop Vacuum 3088 5,720.00 E. R. Sheehan Trail Construction Services 3089 345.58 John Shelton, Inc. Bridge Materials 3090 184.79 Signs of the Times Signs 3091 130.51 Skywood Trading Post Fuel 3092 75.00 Special Districts Association of Santa Clara Meeting-J. Escobar, C. Britton, P. Siemen 3093 73.41 Staples Office Supplies 3094 15.48 State Board of Equalization Diesel Fuel Tax 3095 29,000.00 Stewart Title of California, Inc. Trefello Property Purchase 3096 37.47 Sweco Products, Inc. Sweco Dozer Parts 3097 45.97 Stevens Creek Quarry Baserock 3098 2,692.72 Teater & Etc. Map Graphics 3099 60.00 Terminix Pest Control Service 3100 3,727.94 Terratech Engineering Geotechnical Services--Landslide Project 3101 4,477.70 Turner & Mulcare Legal Services 3102 2,378.08 U.S. Rentals Equipment Rentals 3103 8.83 West Coast Reber Reber 3104 300.00 Roberta Wolfe Recording Services 3105 648.36 Del Woods Reimbursement--Computer Supplies 3106 58.75 Workingman's Emporium Uniforms 3107 81.19 *'4 Yerba Buena Nursery Picchetti Restoration Plants 3108 99.95 Zax Electronic Resource Document Total 120,955.53 ,1 Urgent Check Issued October 10, 1997 *'2 Urgent Check Issued October 10, 1997 •3 Urgent Check Issued October 8 and 10, 1997 •4 Urgent Check Issued October 15, 1997 Page 2 Regional Open ,-, ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager " DATE: October 22, 1997 �l SUBJECT: FYI 12 Celebrate 25 Years of Open Space Preservation 330 Distel Circle # Los Altos,CA 94022-1404 - Phone:650-691-1200 w 1972-1997- FAX:650-691-0485 , E-mail: mrosd@openspace.org # Web site:www.openspace.org Board of Directors:Pete Siemens,Ma C.Dave Jed Cyr,David T.Smernoff,Nanette Hanko,Bets Crowder,Kenneth C.Nitz 8 General Manager:L.�� Mary y, y y g Craig Britton BAY AREA OPEN SPACE October 16, 1997 OCT -1 71997 C O U N C I L .CIONAL Craig Britton MIDPt � ° R STEERING COMMITTEE General Manager OPEN A'`'E DISTRICT (partial list) Midpeninsula Regional Open Space District CHRISTINA BATT 330 Distel Circle Martirez Regional Land Trust ROBERT BERNER Los Altos, CA 94022 Marin Agricultural Land Trust FRAN BRIGMANN Marin County Open Space District HARRIET BURGESS RE- Establishing the Bay Area Conservancy Program American Land Coservancy CRAIG BRITTON Midpeninsula Regional Open Space District Dear Craig- DAN CATHER City of Walnut Creek VERL CLAUSENOn behalf of the Bay A O Space Council, I would like to Fun.,ertpervirens Fund y Area pen p COLE Trust AorJ Public Land thank you for your assistance in our successful effort to pass LARRY COONS SIB 1048 (Sher). The legislation was signed into law by Santa Clara County Open Space Authority ROBERT E. DOYLE Governor Wilson last week. East Bay Regional Park District HARRY ENGELBRIGHT Tri City&County Cooperative Planning Group The Bay Area Conservancy Program gives us an important new HERBERT GRENCH Open Space Consultant tool for protecting significant open space resources and providing DAVID HANSEN Sonoma County Agricultural Preservation& outdoor recreational opportunities. It facilitates regional Open Space District JOHN HOFFNAGLE partnerships, and it provides a structure for funding projects. Napa County Land Trust DAVID KATZ Sonoma Land Trust It is now up to us to make the most of the opportunities offered by ANDREW LISAC Bay Area Ridge Trail Council this legislation. Over the next several months the Bay Area Open PAM MUICK Solono County Farmlands and Open Space Space Council will be working to identify funding opportunities, and Foundation to strengthen the partnership between the Coastal Conservancy PAUL ROMERO County of Santa Clara and the local agencies and organizations active in the San CARLA RUIGH City of San Jose Francisco Bay Area. PHILIP SALES Sonoma County Regional Parks JIM SAYER We will be relying on your continued support and advice in the Greenbelt Alliance NANCY SCHAEFER months ahead. But for now, please just accept our heartfelt SF Bay Joint Venture MALCOLM SMITH appreciation. Midpeninsula Regional Open Space District ERIC VINK American Farmland Trust Thank you. JOHN WALTON City of Palo Alto S T A F F Sincerely, JOHN WOODBURY t John Woodbury BAY AREA OPEN SPACE COUNCIL 116 New Montgomery Street, Ste 640, San Francisco CA 94105 (415)543-4291 Regional Open spte MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 10, 1997 Mr. Leu Vasquez 21290 Blue Hills Lane Cupertino Ca. 95070 Dear Mr. Vasquez: I am writing in response to your concerns about criminal activity at Fremont Older Open Space Preserve and your requests for signing and fighting changes on Prospect Road and in the parking lot. I have discussed your concerns with several of our board members, General Manager Craig Britton and the ranger staff responsible for the Fremont Older Open Space Preserve. I have also been in contact Lieutenant Bill Slack at the Sheriffs Office West Valley Substation and Kathryn Ming-Hyde in Supervisor Joe Sir-nitian's office. I Lieutenant Slack was aware of your concerns and assured me that the Sheriff's Office is following-up on all information that you have reported. The Sheriffs Office has also increased patrols in the area and is using plain-clothes deputies in unmarked cars to observe the activity in the parking lot. The license plate numbers you have reported the Sheriffs Office as being relited to possible criminal activity have not led to any suspects with known criminal records. No drug- related activity or other serious unlawful activity has been observed to date in the parking lot. In regards to your request for District support for street fighting on the narrow section of Prospect Road which ends at the entrance to the Fremont Older Open Space Preserve; although we are not yet convinced that serious criminal activity is occurring in this area, the District would not object to any neighborhood efforts to have street fights installed in this area. The interests of the neighbors immediately affected by the installation of street fighting should be the primary consideration. The County of Santa Clara would be the agency responsible for this issue. Regarding the request for signage requiring that vehicles park facing in and that suspicious activity be reported to 911, we are not opposed to the suggestion. However, since additional signage would detract from the aesthetic look of the area, we would like to wait for a confirmation of illegal activity prior to posting addition signs. Tow x"os.Z4 UtU Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 - 1972.1"7- FAX: 650-691-0485 0 E-mail:mrosd@openspace.org * Web site:www.openspace.org 0 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smerwff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz * General AvlanaW:1.Craig Britton You also requested a gate at the entrance to the parking lot. As I shared with you in a recent phone call, the neighbors have not favored a gate in the past. However, we will contact the neighbors who live adjacent to the area, describe your concerns to them, and again explore their interest in installing a gate. The District is committed to ensuring a safe and pleasant experience for visitors and neighbors and we will continue to work closely with the Santa Clara County Sheriff's Department, who have primary responsibility for law enforcement in the Fremont Older area. Thank you for taking the time to contact us witi.your concerns and ideas. Sincerely, John Escobar Operations Manager JE/gb cc: Ms. Kathryn Ming-Hyde Lt. Bill Slack Craig Britton Board of Directors Regional Open _*ce ------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 8, 1997 Thomas L. Anderson Anderson Niswander Construction, Inc. 759 12th Avenue Menlo Park, CA 94025 Dear Mr. Anderson: On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I'd like to thank you for your generous donation of labor and materials to the District. Your commitment to open space preservation and the District's programs is very much appreciated, and your efforts will surely enhance the positive experience of all visitors to the District's public open space lands. In recognition of your donation, the District's Board of Directors has passed the enclosed Resolution of Appreciation, which I am happy to present to you. This resolution also serves as an illustration of how a successful cooperative effort can help us accomplish our goal of securing a continuous greenbelt for the public. Again, thank you very much for your dedication and efforts to assist the District in its open space programs. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors r. Tx4 A os.44 UtU 54,W Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton 14 Pete Wilson p Governor Cal/EPA Secretary for LR Environmental / Protection CaliforniaEnvironmental REGIONAL Protection ISTRICT Agency October 7, 1997 Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826 L. Craig Britton, General Manager (916)255-2200 Regional Open Space 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Britton: Thank you for sending me your letter dated August 5, 1997, regarding the Skyline Ridge Open Space Preserve. I am pleased that the Board approved funding for its clean up. State Law(Public Resources Code Section 40412)requires that California Integrated Waste Management Board members must disclose all communications with them outside of a Board meeting about matters which could come before the Board. In compliance with this law, your letter will be made a part of the Board's official record as well as the subject record to which it relates. Sincerely, l Paul M. Relis Board Member ter° SIVe Regional l MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors r FROM: C. Britton, General Manag DATE: October 17, 1997 SUBJECT: FYI lwow A",m,14 Ut U 5+4 Celebrate 25 Years of Preservationace p Op en S330 Distel Circle Los Altos, CA 94022-1404 * Phone:650-691-1200 1972.1997. FAX:650-691-0485 * E-mail mrosd@openspace.org * Web site:www.openspace.org C9 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 Regional Open Ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 15, 1997 Honorable Joe Simitian Member, Santa Clara County Board of Supervisors 70 West Hedding Street, 1 Oth Floor San Jose, CA 95111 Dear Supervisor Simitian: As you may know, in May of 1996 a Joint Powers Agreement was executed by and between the Midpeninsula Regional Open Space District and the County of Santa Clara, for the purpose of forming the Midpeninsula Regional Open Space District Financing Authority. This Authority provides enhanced opportunities for long-term financing of District land acquisitions, and was created with the full cooperation and endorsement of the County. The Authority Board is comprised of four members of the District's Board of Directors, and the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the Open Space District. That is currently district number five, making you the designated representative on the Authority Board (see attached bylaws). The Authority is required to hold a minimum of one meeting per calendar year. We have scheduled that meeting for Wednesday, October 22, 1997 at 7:30 p.m. here at the District office in Los Altos. It is expected to be a very short meeting, consisting of action to approve the annual financial report and setting the date for the next meeting. While we expect the Authority to have a quorum from members of the District Board of Directors, you are of course invited and encouraged to attend. Please feel free to contact me if I can answer any questions or provide further information. S' ly, L. Craig Britton General Manager LCB/mcs o�.4"Os—Z4 WKU 5:-4! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 • 1972-1997• FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smemoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton I I i October 14, 1997 • BICYCLES store,workshop,museum Malcom Smith _»_ Midpeninsula Open Space District 330 Distel Circle " <c Los Altos, CA 94022-1404 OCT j ri 1997 Dear Malcom, InPEN DPE�.'41K:1 /� ,,. :c:;sgNAl. SPA r 018TRK'T Participation in this year's festival was a real pleasure. We are particularly grateful for your help in donating the bicycle which garners us "center ring" as far as the raffles are concerned.The organization and administration of the event was highly professional and friendly. Besides managing one of the planet's most beautiful preserves you folks are a class act and a privilege to deal with. The opportunity to draw together your core supporters, groups and individuals, is a real "thank you" from the District. Its benefits far outweigh any reservations you may have about attendance. You walk a fine line between wanting a good turnout and not wanting 10000. Upping attendance would be easy.Just have a local, well known music group give a concert. Neil Young,Joan Baez, to name just two, would likely be able to contribute to such a spiritual cause provided they had enough advanced notice to coordinate their calendars. But then, sheer popularity is not your goal. We really enjoyed the day and hope you find the reasons to do it again sometime. Gratefully, Eric Hjertberg cc: Craig Britton 201 Hamilton Avenue,Palo Alto,CA 94301 U.S"A telephone:(650)324-0510 fax:(650)324-2247 email:ric®wheelsmith.com 104 University Avenue,Los Gatos,CA 95030 • telephone:(408)354-6640 fax: (408)354-6086 Alliance For A New M 222D View Street P Mountain View, C 94041PN1 q S 6 O'-T !991 I I Aar Lawrence D. Ford =+InI997 13444 Beaumont Avenue Saratoga, CA 95070-5050 OCT 408.867.9014 _ Iford@telis.org NilDPII�� t'r_A RE.OEUldAl. OPEN SPV-E DISTRICT October 8, 1997 L. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Cricle Los Altos, California 94022-1404 Dear Mr. Britton: I participated in the June 18 planning workshop at the Skyline Field Office and the October 7 plan review meeting in Los Altos. This is to offer my congratulations to you, the board of directors, and your staff for an excellent job in presenting the material and developing the surveys and plans I saw at the meetings. I also thank everyone for the many years of fine work that resulted in the preservation of open space on the ridges and shorelines of our side of the peninsula. Without that work, the beautiful and reassuring views and natural character of these lands that I knew as a boy would be lost, and we would be a sorry community. May I make a few constructive comments about the planning process that is underway, and offer my help in the future? First, I think it is the right strategy to put land acquisitions, cooperative protection, conservation easements, and protective management of resources ahead of recreational development in the priorities of the district. This is such an obvious requirement that I could not help but flinch when proponents of competing recreational uses argued their cases in the workshops I attended. I recognize that the community of recreationists and others will always make demands as soon as possible. And I applaud you for maintaining your patience and determination despite the apparent lack of acknowledgment of all the hard work and fund-raising that went before to be able to create the open space. I wish there was more recognition for other community needs, such as the links between human and ecosystem health. In the maps presented by Randy Anderson last night, I could not distinguish the different goals that made the rationale for the selection of areas of potential open space to be considered in future planning. It seemed obvious that scenic ridges, trail corridors, and connecting parcels were priorities. However, I could not tell how other goals of the district were applied, in particular those related to wildlife habitat and ecological integrity, watershed health, fire risk management, and integration with urban development. I raise the latter issues because they are the more difficult and subtle factors that play crucial roles in the long term sustainability of conservation land systems, and they are often neglected. For example, if the stream corridors and water quality r of the sources of water upstream of the bay salt marshes are not protected along with the marshes, it is unlikely that those marshes will persist. If critical wild and open space natural values are not protected (or restored or enhanced)within existing developed urban and suburban areas, many of the natural corridor functions that support the"islands" of open space preserves will be lost and those preserves will degrade. 1 realize that the MROSD is designed to protect open space and could not be expected to function as a fundamental protector of remnant biological diversity, as for example, The Nature Conservancy does. The MROSD should cooperate with TNC for that role. However, as a resident with some experience as a conservation lands scientist and manager, I urge that your planners and resource managers apply some of these kinds of criteria to each area that is considered for protective acquisition to assure that the parcel and its ecosystem functions are viable and sustainable or that mechanisms are planned to mitigate potential problems. Such concerns should be given a close second priority to the property that is the valued target. Please let me know if it would help to explain or discuss these concerns with your planning and management staff. Thank you. And keep up the good work. Sincerely, Jo Woo ury;- -- --67:3 T�J� j�'T, o� News Date : Sun, 12 Oct 1997 19 : 36 : 39 -0500 (CDT) From: drjohnw@ix.netcom. com (John Woodbury) Subject : Good News To: abbors@ebmud. com To: mrlt@silcon. com To: rberner@malt .org To : rberner@malt .org To : alc@econet .org To: fbrigmann@marin.org To: mrosd@openspace .org To: cib@tpl .org To: jscobb@igc .org To: ann.cole@tpl .org To: lcoons@qmgate .osa.co. santa-clara.ca.us To: bdoyle@ebparks .org To: aftdavis@dcn.davis .ca.us To: amalia@dnai .com To: nfishman@igc .apc .org To: hansen@cdsl .net To: nclt@napanet .net To: margaret_kolar@mail . fws .gov To: rmiska@marin.org To: greenbelt@vval .com To: brian_o'neill_@nps .gov To: lorman@ix.netcom.com To: coepark@ix.netcom.com To: promero@gwgate .prk.co. santa-clara.ca.us To: jsayer@igc .apc .org To : vans@AOL. COM To: mrosd@openspace .org To: Holly_Van_Houten@nps .gov To: kevin.walsh@sen. ca.gov To: John_walton@city.palo-alto. ca.us To: bwiese@ebparks .org To: slt@sonic.net To: bgetty@napanet .net To: CeilS@abag.ca.gov To: rust@openspacetrust .org To: Carla.Riugh@ci . sj .ca.us To: karenm@abag. ca.gov To: scfosf@earthlink.net To: lozier@tnc .org To: Bay Area Open Space Council From: John Woodbury Great news . The Governor signed SB 1048 . This means that as of January 1 of next year, there will be a Bay Area Conservancy Program within the Coastal Conservancy. Now that we have a financing structure approved for implementing regionally significant park, trail and open space projects, our next task is to put money into the program. The next few months should be interesting as discussions of a state park bond measure and what goes into it gather steam. rn�e3--for-Malco�ni�tTi <mrosa�penspace org> � Responsible Organized Mountain Pedalers ROMP P.O.Box 1723ID Campbell,CA 95009-1723 R E C v OCT 10 1997 October 7, 1997 MIDPENINS; A F ECIONAL Midpeninsula Open Space District IOPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022-1404 To the members of the board: Enclosed are my comments to the board on Wednesday, September 24, 1997. Thank-you for your time and suggestions. As a member of ROMP I have concentrated my time between trail work, attending meetings and volunteering time to "Trips for Kids" (located in San Rafael). My concern for trails in the Los Gatos area has prompted me to refocus my sights more in line with "my backyard". This has led me to offer my time and services to ROMP. Recently I attended the International Mountain Biking Association (IMBA) western conference, in Oregon. While there I was able to expand my education in open space, land management and trail building. I have continued this process during the MROSD planning meeting at the Hillview Community Center. I would like to take this opportunity to thank Julie McCullogh for her assistance in supplying the Use and Management Plan reports for the Sierra Azul Open Space Preserve. ROMP looks forward to expanding its relationship with MROSD. I look forward to assisting their efforts. Sincerely, Kathleen Meyer 220 South First Street Campbell, CA 95008-2912 Responsible Organized Mountain Pedalers ROMP P.O.Box 1723 -2 Campbell,CA 95009-1723 V To the members of the board, September 24, 1997 1 speak before you as a representative for ROMP.1 would like to ask MROSID to consider the restoration and realignment of Moody. Having been a user of your property for the past several years, I have seen an increase in the amount of overall users. At the same time I have also seen a number of trails closed to use. It has recently been estimated that California's population could increase by 18 million by the year 2020. The impacts of that increase will ripple all the way down to the use of public land, and indeed are already being felt. As a trail closes, there can and will be more pressure felt on the remaining trail system. This has prompted ROMP to offer assistance in helping to mitigate some of the impact due to an increase in use by working with MROSID to restore Moody. Techniques have been developed to design and build sustainable trail systems, while maintaining a balance with resource protection. A well developed trail system will also help to expand user experiences. In order to facilitate the establishment of this trail, ROMP can provide labor for construction and maintenance, schedule and organize both working groups and fundraising events, and help to create a monitoring program that will document the effect of new as well as existing trail usage. In particular, the monitoring process will serve as a way of defining the needs of the resource and user community, so impact can be mitigated before it becomes too difficult or cost effective to manage. We have access to a variety of resources through our local club, as well as the International Mountain Bicycling Association (IMBA). We would like to use this opportunity to help enhance the park facilities and the user experience, preserve the resource balance with recreational use. We also feel that involvement by the user community will help with management of the entire trail network, by creating a direct link between users and MROSID. With shrinking budgets and manpower, the future of public lands depends on these partnerships. The growth of recreational use can be effectively managed if we begin now. We look forward to working with you and would like to discuss in further detail at your earliest convenience. Thank you for your time, Kathleen Meyer 200 South First Street Campbell, Ca. 95008 October 8, 1997 Mary Davey Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA. 94022 Dear Mary Davey, At the MROSD board meeting of August 27th,the Board was given the report concerning compliance with the dog rules at Windy Hill Open Space.As you might recall,the reported on leash compliance rate was considerably better on Anniversary and Hamm's Gulch trails than on Spring Ridge trail. During my comments to the board,I presented a suggestion for how MROSD might improve the leash compliance rate for dogs on Spring Ridge trail. At that time, you requested that I express that suggestion in writing,which I am happy to do now. What I proposed was that MROSD consider a specific educational program if the district would like to improve the leash rule compliance rate on Spring Ridge trail.Two basic elements of the program would be to inform users of the rules,and the general reasons for why MROSD has established these rules.As most of us already know,MROSD has been doing this for some time now(ie;the volunteer trail patrol,PADS,etc.).The third element is new, however,and that is to inform users of the specific significant problems that have occurred on Spring Ridge trail as a result of non compliance with the leash rule on Spring Ridge trail.Given the fact that Spring Ridge trail has been used by dog hikers for the last thirteen(or more)years,a significant number of whom were not observing the leash rule, I am assuming that such data should be available for inclusion into this proposed program. I am strongly encouraging MROSD to consider this suggestion,because I believe that the majority of dog hikers are very reasonable people who support the overall mission of MROSD,and will voluntarily follow rules that are shown to be necessary to maintain the quality and safety of the open space environment that we all appreciate. Sincerely, `D, Dan Bernstein Peninsula Access for Dogs 1165 Eureka Ave. Los Altos,CA. 94024 P.S. I'd also like to take this opportunity to correct a few inaccuracies contained in the recently released minutes of the August 27th meeting(#97-24). 1. On page 7,Agenda Item#2: The name of this agenda item is"Review and Comment on the Six Month Summary of Use and Violations on Dog Access Compliance Assessment, Hamms Gulch Trail, Windy Hill Open Space Preserve...". The inaccuracy is that the record of R.Anderson's statement that"a third of the dogs were off-leash"is a statement about the compliance rate on all the trails at Windy Hill,and not the compliance rate on Hamms Gulch Trail,as the name of the agenda item states. 2. On page 8,Agenda Item#2: My comment that"4 out of 5 people are following the on-leash rule"was specifically referring to the survey data on Hamms Gulch Trail. The minutes go on to list the three points of my proposal for improving compliance on Spring Ridge Trail,as outlined above,but the third point as shown in the minutes should be corrected to read"Do fiat Focus on the examples of things that have gone wrong because of poor compliance with the rules on Spring Ridge Trail f Regional Open S! -e # 1 A- L MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 10, 1997 Mr. Leu Vasquez 21290 Blue Hills Lane Cupertino Ca. 95070 Dear Mr. Vasquez: I am writing in response to your concerns about criminal activity at Fremont Older Open Space Preserve and your requests for signing and lighting changes on Prospect Road and in the parking lot. I have discussed your concerns with several of our board members, General Manager Craig Britton and the ranger staff responsible for the Fremont Older Open Space Preserve. I have also been in contact Lieutenant Bill Slack at the Sheriff's Office West Valley Substation and Kathryn Ming-Hyde in Supervisor Joe Simitian's office. Lieutenant Slack was aware of your concerns and assured me that the Sheriffs Office is following-up on all information that you have reported. The Sheriffs Office has also increased patrols in the area and is using plain-clothes deputies in unmarked cars to observe the activity in the parking lot. The license plate numbers you have reported the Sheriff's Office as being related to possible criminal activity have not led to any suspects with known criminal records. No drug- related activity or other serious unlawful activity has been observed to date in the parking lot. In regards to your request for District support for street lighting on the narrow section of Prospect Road which ends at the entrance to the Fremont Older Open Space Preserve; although we are not yet convinced that serious criminal activity is occurring in this area, the District would not object to any neighborhood efforts to have street lights installed in this area. The interests of the neighbors immediately affected by the installation of street lighting should be the primary consideration. The County of Santa Clara would be the agency responsible for this issue. Regarding the request for signage requiring that vehicles park facing in and that suspicious activity be reported to 911, we are not opposed to the suggestion. However, since additional signage would detract from the aesthetic look of the area, we would like to wait for a confirmation of illegal activity prior to posting addition signs. r Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:650-691-1200 - 1972-1"7• FAX:650-691-0485 - E-mail:mrosd@openspace.org - 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:t.Craig Britton You also requested a gate at the entrance to the parking lot. As I shared with you in a recent phone call, the neighbors have not favored a gate in the past. However, we will contact the neighbors who live adjacent to the area, describe your concerns to them, and again explore their interest in installing a gate. The District is committed to ensuring a safe and pleasant experience for visitors and neighbors and we will continue to work closely with the Santa Clara County Sheriffs Department, who have primary responsibility for law enforcement in the Fremont Older area. Thank you for taking the time to contact us with your concerns and ideas. Sincerely, John Escobar Operations Manager JE/gb cc: Ms. Kathryn Ming-Hyde Lt. Bill Slack Craig Britton Board of Directors County of Santa ClaraPERv Office of the Board of Supervisors County Government Center.East Wing f 70 West Hedding Street, I Oth Floor P �• San Jose.California 951 10 (408) 299-3540 (650)965-8737 Fax: (408) 280 04 1 8 TDD 993 8272 F E' OCT 1 5 1997 ► S.Joseph Simitian L--K;- _ J!' Supervisor,Fifth District MIDPENII,—b,,:; `i OPEN SPAC October 8, 1997 P-�,., ui°JAL �3TRECT Mr. Craig Britton 330 Distel Court Los Altos, Ca 94022-1404 Dear Mr. Britton: On September 29th my office organized an informal meeting to discuss the status of fire trails in your community. Representatives of the Saratoga Fire District and the California Department of Forestry presented valuable information to the community that may help them better prepare for a fire or other emergency. At the meeting, Saratoga hillside residents expressed as their highest priorities: 1) a desire to have the County resume maintenance of its fire trails; and 2) to have an opportunity to become familiar with the Midpeninsula Regional Open Space District's Montevina fire trail, one of the preferred community evacuation routes. I am pleased to inform you that: 1. We have identified the necessary County funds for fire trail maintenance in your immediate area. This work will begin in early November, when County Roads crews will "winterize" the Greenwood, McGill, Old Bohlman and Montevina fire trails. Crews will then return in early spring to "open" and clear the trails in preparation for fire season. County staff has committed to the continued maintenance of these trails in the future. 2. My office has also arranged for the Midpeninsula Regional Open Space District (MROSD) to open the Montevina fire trail gate at 10:00 a.m. on Saturday October 18, 1997. Residents should assemble, promptly, at the end of Bohlman Road and will travel, by caravan, down the Montevina fire trail to Highway 17. MROSD staff will lead the caravan to ensure the safety of residents. Residents will then return to their homes via Highway 17 and will not be traveling back up the Montevina fire trail. During our September 29th meeting, members of the community also expressed interest in forming a Community Fire Safe Council. Such a council could assist residents in r preparing themselves for a fire-related emergency. California Department of Forestry Captain Curt Itson, who is responsible for overseeing this state program, will be contacting residents to help them establish a Fire Safe Council. Captain Itson may be contacted by telephone at (408) 779-2121. Finally, my office has compiled a summary of last week's meeting and a map depicting fire trails in your area. Both are enclosed. My office is continuing to work with the appropriate jurisdictions to confirm the status of each of these trails. We will keep you posted on this and other developments relating to ensuring fire safety in your community. Sincerely, J S. Joseph Simitian County Supervisor, Fifth District SJS:cmh County of Santa Clara Office of the Board of Supervisors County Government Center.East wing 70 West Redding Street, I Oth Floor San Jose.California 95 i i o (408) 299-3540 (650)965-8737 Fax: (408) 280-04 1 8 TDD993-8272 -4 CLX S.Joseph Simitian Supervisor,Fifth District Community Fire Trail Meeting September 29, 1997 Meeting Summary Participants: County Supervisor Joe Simitian Saratoga Fire District (SFD) Chief Ernie Kraule Ca. Dept. of Forestry (CDF) Chief Steve Woodhill Ca. Dept. of Forestry (CDF) Capt. Curt Itson Ca. Dept. of Forestry (CDF) Dep. Chief David Wachtel County Roads Supervising Engineer Alan Jones County Surveyor's Office Representative Steve Holman L Introduction: Supervisor Joe Simitian welcomed approximately 65 residents who were present to learn about the status of fire trails in the area above Saratoga. Supervisor Simitian explained that this meeting was the result of a call made by residents concerned with the lack of maintenance of the Old Bohhnan Road fire trail. This trail, also referred to as the Spring Road trail, had apparently not been maintained since 1988. The Supervisor further explained that upon his investigation, he learned that other County fire trails in the area had, apparently also, not been maintained. To address the situation, Supervisor Simitian organized the community meeting to give residents and government officials an opportunity to learn and share information and concerns about these fire trails and other important fire safety issues. Joining Supervisor Simitian were representatives from Saratoga Fire District (SFD),California Department of Forestry (CDF), County Roads Department, County Surveyor's Office and staff from Supervisor Simitian's office to meet with hillside residents to discuss how to prepare for the threat of fire. II. Public Safety &Fire Prevention: A. SFD Chief Kraule noted that CDF and SFD respond to fires, medical emergencies and road closures. CDF is primarily responsible for wild fires. SFD focuses primarily on structure fires. B. Property Maintenance - The manner in which homeowners maintain their property affects the ability of fire fighters to get a wild fire under control. Proper maintenance can 'buy residents time" and improve the ability of fire crews to anticipate and respond to the behavior of fire. 1. Visible Address - Addresses should be clearly visible from the road. Brush or limbs should be trimmed back to make addresses visible, especially at night. The inability of emergency crews to find your home delays their response. 2. Building Materials - The installation of fire resistant roofing material can greatly reduce the chance of structure fire. The installation of automatic sprinklers can stop a structure fire from spreading. Working smoke alarms are also an essential part of a fire safe home. 3. Fire breaks - Chief Woodhill explained that fire defense improvements like firebreaks work 99% of the time to minimize fire damage. Native plants may be highly combustible; therefore, it is important for homeowners to provide a "defensible space" of 30 - 100 feet around their homes. Firebreaks need not be denuded of vegetation,but may include fire resistant and drought resistant landscaping. Homeowners should also clear tree limbs from above or around their homes. 4. Spark Arrestors - Sparks from chimneys or generators can easily start a brush fire. Screens should be placed on chimneys and generators, and residents should be cautious about driving in tall dry grass where their exhaust pipe may start a brush fire. 5. Water Tanks and Swimming Pools - Water tanks and swimming pools provide a valuable water source for fire crews. CDF recommends a minimum storage capacity of 2,500 gallons (roughly equivalent to a doughboy pool). However, these 2 resources are useless if firefighters don't know their location or if the tank is not fitted with the proper coupling device. CDF also recommends that residents invest in a small gasoline powered pump that works in the event of a power failure. 6. Access - Both CDF and SFD stressed the value of maintaining access to private property and established fire trails. Chief Kraule suggested that residents give keys to private gates to local fire protection agencies and that soft chain be used to allow fire crews to open locked gates with bolt cutters. Additionally, Chief Kraule suggested that each family have, and learns to use a bolt cutter so that they may access escape routes in an emergency. CDF Chief Woodhill also noted that helicopter landings areas are tremendously valuable and property owners should notify fire protection agencies if they have such sites on their property. 7. Alarm System - Chief Kraule described an emergency alarm system available to residents. This system is mandatory for new construction within the City of Saratoga and is optional for residents in the unincorporated area. The system links residences directly to the Saratoga Fire Station and can notify the station in the event of a medical emergency or fire. Residents interested in learning more about this system may contact the Saratoga Fire Department. 8. Community Support - Some residents offered to help maintain firebreaks and trails. Others residents offered their water resources or land for staging. Many residents were interested in developing a community evacuation plan and phone tree. Of special concern was the safety of children and the elderly in the community. Both the SFD and CDF welcomed residents to visit their stations or contact them to provide or obtain information regarding fire protection for the area. SFD and CDF wanted to know not only what resources each property had,but what special needs existed. 3 Emergency Evacuation Planning: A. History of County Emergency Access Roads (fire trails): County Roads representative Alan Jones stated that in the 1950's the Roads Department maintained 15 fire trails throughout the County. Most of these trails were in the western hillsides above Saratoga, Los Gatos and Morgan Hill. In 1982 the Roads Department discontinued trail maintenance due to budgetary constraints. In 1985, after the Loma Prieta fire, maintenance by the County Roads Department resumed. By then,however, responsibility for the maintenance of nine of the original 15 trails had been accepted by other agencies. County Roads staff explained that in 1988 maintenance of the fire trails again ceased due to budgetary reasons. Now, in 1997, the community has requested that the County resume maintenance of County fire trails. B. Condition of Fire Trails: Fire trails are emergency escape routes and are not always maintained for regular access by passenger cars. Some trails are under public ownership. Other trails, or portions thereof, pass through private property,but may be accessible in an emergency. Locked gates exist along many of the trails through both public and private land. The following information was presented by County Roads and Saratoga Fire District staff for the fire trails in the vicinity of Bohhnan Road, Sanborn Road, McGill Drive and On Orbit Drive. A map of these fire trails is included as Attachment A. The actual condition of the trails has not been verified. 1. Montevina fire trail - This 0.8-mile trail is believed to be under the jurisdiction of the County Roads Department and Mid- Peninsula Regional Open Space District (MROSD). The trail, maintained by MROSD, is accessed through a locked gate at the end of Boh1man Road. In an emergency the gate's soft chain can be cut. The Montevina fire trail leads from Bohlman Road to Montevena Road above Los Gatos and is 4 considered one of the best routes out of the area. Bolt cutters will be required if you are the first person to the gate. 2. McGill fire trail - This 1.86-mile fire trail connects McGill Drive (at Bohhnan Road) to Sanborn Road. The County Roads Department is responsible for maintenance. A portion of the trail,beyond a locked gate, goes through at least two private properties. Prior to renewed maintenance, the County will need to assure public emergency access to the trail. 3. John Brown fire trail - This 3-79-mile fire trail connects BohIman Road to Big Basin Way. There may be locked gates along this road. Bolt cutters should be carried in the event of an emergency. Both CDF and SFD view this trail as a good route out of the area. 4. Sanborn Fire Trail - This 2.48-mile fire trail connects Sanborn Road to Black Road and is maintained by the County Parks Department. This fire trail would be one of the preferred routes for residents on Sanborn Road. 5. Canyon fire trail - This 1.26 mile fire trail connects Canyon Road in Saratoga to Overlook Road in Los Gatos. 6. Overlook fire trail - This 2.68-mile fire trail winds through the MROSD lands connecting Overlook Road to Montevina Road. Trail access is taken between the driveway at 19340 Overlook Road and the intersection of the Montevina fire trail. This trail is very steep and winding. 7. Ranch Lake fire trail -This trail appears to traverse private property and is not listed on the County's fire trail inventory. SFD and CDF will investigate this trail, which may be useful to residents on Sanborn Road. 8. Old Bohlman Road fire trail - This trail was granted to the County in 1963 and appears to have more value to residents as a firebreak than as a fire trail. County Roads will resume maintenance of this trail; however, limitations to maintenance exist due to the narrow trail and the steep slope. This trail is secured at each end by a locked gate. County Roads has provided keys to local residents and the chain may be cut with bolt cutters in the event of an emergency. 5 B. Maintenance of County Fire Trails: The County and MROSD maintains fire trails for emergency use only. Trail maintenance includes opening the roads in the spring, by removing brush and debris. In the fall, crews "winterize" the roads, which may involve cross ditching and drainage repairs. The designation of a fire trail does not give the public the right of access during non-emergency situations. Residents expressed concern that trail maintenance might be discontinued in the future due to the County's financial limitations. Supervisor Simitian made a commitment to discuss the long-term maintenance of the fire trails with County administration to ensure that the County's obligation is upheld. C. Access to Mid-Peninsula Regional Open Space District Fire Trails: The community expressed a desire to gain access to some of the fire trails in their area. Supervisor Simitian committed to working with MROSD to provide an opportunity for residents to familiarize themselves with the Montevina fire trail. D. Community Fire Safety Council: One of CDF Chief Itson's primary responsibilities is to assist communities to develop Community Fire Safe Councils. Chief Itson will contact the residents who attended the meeting to assist them to establishing a Community Fire Safe Council. Supervisor Simitian's office will provide Chief Itson with a list of residents who were unable to attend the meeting,but who may also be interested in the program. ` IV. Other Community Concerns - Supervisor Simitian also committed to contact the following agencies on behalf of the residents. A. P. G. & E. regarding Power Line Maintenance B. County Roads regarding culvert maintenance on McGill Drive C. County Parks regarding maintenance of Walden West D. County Parks regarding noise from Sanborn County Park E. County Sheriff Chuck Gillingham regarding sheriff patrols. 6 V. Resources: A. County Supervisor Joe Simitian Contact: Cathryn Ming-Hyde, Senior Policy Aide Telephone: 408 299-3540 B. Saratoga Fire District Contact: Chief Ernie Kraule or Captain Bill Morrison Telephone: 408 867-3896 C. Calif. Department of Forestry Contact: Chief Steve Woodhill Dep. Chief David Wachtel Captain Curt Itson (Comm. Fire Safety Council) Telephone: 408 779-4111 D. County Roads Department (West Yard) Contact: Yard Supervisor Dave Klinger Telephone: 408 252-6427 E. County Surveyor's Office Contact: Senior Civil Engineer James Sirr Telephone: 408 299-28/71 These fire trails have been identified by the Santa Clara County Roads Department and the Saratoga Fire District. The the condition or accessibility of these trails has iot been verified at the2lle of t{§is mailing. 20 21 22 23 24 25 26 27 26 29 30 10-10-97 r -g a-_� �'� 'may - r� J= 3a c= o�Tobocr 1 /"/ a .f � u _��+•� �a ,5' n3< "� LEu.Ar.i u F- 'C `f ; / ' rr _ :eyr I 0 0 f MOME •� COn oA ° ` i) 1\ ._. ° r t — Ql t '3;on _ 6pK r• e` r., of° ,°�` rE♦i IVEANT trr N - 5s \ �,'�; t, �. .,N _ ,_ _.,� i SARATO A N •taw', �. HWne ■+o.,.,.. 'eve f`w°v.:vG`s ,.cw a�' tou: 95 � �'� v �r - ��' 3E� ERE •' �, � L. �g EL rd!r��,. 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