Loading...
HomeMy Public PortalAbout19980610 - Agendas Packet - Board of Directors (BOD) - 98-13 qio J n t� e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-13 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California June 10, 1998 ***PLEASE NOTE*** 7:30 P.M. Regular Meeting Start Time (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder *** APPROVAL OF MINUTES April 22, 1998 (Consent Item) May 6, 1998 (Consent Item) *** WRITTEN COMMUNICATIONS BOARD BUSINESS (7:45) 1. Authorization to Amend Agreement With City of Mountain View for Twenty- four Hour Radio Dispatch Services; Authorization for the General Manager to Amend Agreement with City of Mountain View to: Increase Compensation Paid for Services from 1.10% to 1.35% of Total Salary, Wage, and Benefit Costs for the Mountain View Communications Division; Limit Annual Increase to a maximum of 5% of the Previous Year's Fee; and Extend the Terms of the Agreement an Additional 60 Months, Commencing July 1, 1998 and Expiring June 30, 2003 -- D. Topley (7:55) 2. Review and Discuss the Proposed Draft Ballot Measure Language Developed for Use in a Potential November 3, 1998 Advisory Measure on District Annexation of the San Mateo County Coastal Area -- Ad Hoc Committee 330 Distel Circle - Los Altos, CA 94022-1404 « Phone: 650-691-1200 FAX:650-091-0485 « E-mail:mrosd@openspace.org Web site.:www.openspa(:e.org Soarrl of Directors:fete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton Meeting 98-12 Page 2 (8:25) 3. Proposed Addition of Faucher 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 Including Naming the Faucher Property as an Addition to the 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 Faucher) (8:35) 4. Calling of District Elections in Wards 1, 2, 5, and 6, and Requests for Election Consolidation Services from Santa Clara, San Mateo, and Santa Cruz Counties D. Dolan Resolution Calling Election and Requesting Election Consolidated Services - Santa Clara County Resolution Calling Election and Requesting Election Consolidated Services - Santa Cruz County Resolution Calling Election and Requesting Election Consolidated Services - San Mateo County Resolution Authorizing Not Listing Any Unopposed Candidates for Election on the November 3, 1998 Ballots of San Mateo County, Santa Clara County and Santa Cruz County (8:50) 5. Approval of Communications Site Lease and Agreement with Association for Continuing Education (ACE), a non-profit California Corporation, and Approval of Sublease Between ACE and Space Systems/Loral Inc., a Delaware Corporation on Black Mountain, Rancho San Antonio Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA); Authorization for the President of the Board of Directors to Execute a Communications Site Lease and Agreement with ACE, for the Communication Facility; and Authorization for the General Manager to Execute the Sublease Between ACE and Space Systems/Loral, Inc., Communication Facility on Black Mountain, Rancho San Antonio Open Space Preserve -- M. Williams 6. Agreement with California Department of Forestry and Fire Protection (CDF) to Conduct a Prescribed Burn at Russian Ridge Open Space Preserve as a Part of the Second Phase of the Grassland Management Plan; Determination that the Meeting 98-12 Page 3 Recommended Actions are Categorically Exempt Under the California Environmental Quality Act (CEQA); and Authorization for the General Manager to Sign the Agreement with CDF to Conduct a Prescribed Bum at Russian Ridge Open Space Preserve as a Part of the Second Phase of the Grassland Management Plan -- J. Isaacs 7. Scheduling of June 17, 1998 Special Meeting -- C. Britton (8:55) INFORMATIONAL REPORTS -- Directors and Staff REVISED CLAIMS Consent Item) 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. Regional Open . z z ............. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-09 REGULAR MEETINGS BOARD OF DIRECTORS April 22, 1998 MINUTES I. ROLL CALL. President Betsy Crowder called the meeting to order at 7:32 P.M. Members Present: Betsy Crowder, David Smernoff(7:34 P.M.), Pete Siemens (7:40 P.M.), Jed Cyr, Nonette Hanko, and Ken Nitz. Members Absent: Mary Davey Staff Present: Craig Britton, Del Woods, Malcolm Smith, Deirdre Dolan, Mike Williams, Randy Anderson, and Peggy Coats. II. ORAL COMMUNICATIONS None. III. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 4 to 0. IV. ADOPTION OF CONSENT CALENDAR B. Crowder asked Board Members to review the amended reply to Mr. Bernstein. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of the minutes of the March 18, 1998 Special Meeting and the March 25, 1998 Regular and Special Meetings; reply to written communication from Dan Bernstein, Peninsula Access for Dogs, 1165 Eureka Avenue, Los Altos; agenda item 5, Authorization for Director Siemens to Attend the California S=ial Districts Association Government Affairs Day One-Day Conference in Sacramento at a Cost of$95.00; agenda item 7, Authorization to Rumbi ce a Pit Toilet Unit for Monte Bello Onen Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; and Authorization for Staff to Replace a Pit 330 Distel Circle - Los Altos, CA 94022-1404 Phone:650-691-1200 FAX: 6.50-691-0485 - E-mail: mrosd@openspice.org openspace.org Web site:www.openspace.org � Board of Dare(tors Pete Siemens,Mar} C_Davey,Jed Cyr, David T.Smernoff,Nonette E lanko,Betsy Crowder,Kenneth C.Nitz + General Manager:L.Craig Britton Meeting 98-09 Page 2 Toilet Unit for the Monte Bello Parking Area, Substituting it for a Pit Toilet Unit for th_e Monte Bello BackpackCamp; agenda item 8, Cancellation of May 13, 1998 Regular Meeting and Scheduling of May 6, 1498 S=iai Meeting; and Revised Claims 98-08. K. Nitz seconded the motion. The motion passed 4 to 0. V. BOARD BUSINESS A. Agenda Item No Ia. - E=osed Addition of Weaver Property to La Honda Creek n 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, Including Naming the Property as an Addition to La Honda Creek Q= Space Preserve; and Indicate their Intention to Withhold the propmty from Dedication as Public Open Space- (R=rt R-98-50)_ D. Woods presented the staff report and showed slides of the property. Regarding the mud slide on the Caltrans property, he said there was no more risk of that sliding onto District land than in other places. He said they will be checking with Caltrans regarding the future of that property. He said it was hard to tell whether it was an old road bed, but he did not think so. N. Hanko said the picture made it look worse than it really was D. Woods said the area is closed because staff have not decided what to do with it yet. He said there is no place to park on the road, as the frontage is all fairly steep. D. Woods said they could find no fences that needed to be taken down. D. Woods he didn't know if there were any steelhead in Weeks Creek, but there had been no indication in the past. It appeared that it was an undisturbed watershed, although there may be some obstructions down stream. He said some dirt and debris did flow into the creek from the Caltrans property. M. Williams outlined the proposed terms and conditions. C. Britton said all of the easements and rights of way described were legal easements. M. Williams said the District would not be required to make repairs on the easements, but would have to grant access for maintenance. Motion* N. Hanko 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 98-18 a 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 La Honda Creek n Space Preserve - Lands of � Pa Weaver); tentatively adopt the Preliminary Use and Management Meeting 98-09 Page 3 Plan recommendations contained in the staff report, including naming the property as an addition to La Honda Creek Open Space Preserve; and indicate their intention to withhold the property from dedication as public open space at this time. P. Siemens seconded the motion. The motion passed 6 to 0. B. Agenda Item No. lb - Proposed Acquisition and Addition of Aitken Property to Russian Ridge Q= Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Ian Recommendations, Inca mine the Property as an Addition to Russian_ Ridge Q= Space Preserve; and Indicate their Intention to Dedicate the Property as Public Onen Sp= - ($sport R-98- D. Woods pointed out the property on a map. He said M. Williams would talk about the deed restrictions on the six acres that will be held in private ownership for residential purposes. There is a house on the six acre parcel. He showed slides of the He said there was a path on the forested section of the r which will property. Pa P �rtY be useable by the public. D. Woods said that the people who are buying the property know that the District plans to use the main drive as a trail. This drive comes from Skyline and becomes the southern boundary of the six acre parcel. He talked about the possibility of a trail going around the property, stating that it would be looked at when the trail plan for the whole preserve is reviewed. He said staff would have to look at the need and the degree of scarring. D. Woods said that cutting a future driveway entry through as access to the six acre parcel from another direction in order to avoid conflicts on the trail would have more impact on the landscape than anything else. C. Britton there are at least three other houses that also use the existing driveway. maintaining the access road. D Aitken said D. Wood said the D. Aitken is currentlyg he thought it would be appropriate for the District to participate in the maintenance though this is not a written condition. C. Britton said the steep section of the road that goes up by Skyline is maintained by the county as part of the agreement for the repeater site. The District has a policy on road maintenance agreements and will work with the neighbors on the basis of use. He said staff will give a copy of the District policy to the neighbors and discuss it with them. D. Woods said there is no immediate proposal for fencing around the property, but that staff would need to think about that in context with uses on adjacent property. K. Nitz said he was worried about wildlife traveling back and forth. C. Britton said staff Meeting 98-09 Page 4 usually don't take old fences out but the fences don't keep wildlife out. D. Woods said that would be part of an overall plan for the preserve. In reference to page 9 of the agreement regarding District Trail Planning and Construction, D. Woods said there was talk about where the property line would be placed. The District wanted the property line off the top of the knoll so trail users could go to the top. He said staff would do this in a responsible way with proper signing. D. Smernoff asked about the possibility of taking a trail from where gate 6 is toward the hill to avoid people using the access road as a trail. D. Woods said one reason the ridge trail was routed on the other side was to stay away from communication towers. He said when staff look at the trails in the future they might be looking for alternatives for re-routing and may have to separate uses. M. Williams outlined the terms and conditions and showed the re-configuration of the parcels. He described the development restriction which is a condition of the transaction. He said staff does not anticipate problems with the county in regard to the reconfiguration. C. Britton stated that the zoning is RM and the county would issue a certificate of compliance when the property is configured. He said this had been done before and staff doesn't anticipate any problems. M. Williams said they can rebuild the existing house and have auxiliary buildings. D. Aitken said the house had been designed by Frank Lloyd Wright's son in law and the current owners have no intention of doing anything to it. M. Williams pointed out that in the development restriction the District has total design review and approval. Don Aitken described his purchase of the 200 acres in partnership with three friends. He said the plan had always been to ultimately convert the land to open space, and that they had bought it for protection. He said they held it in common for the first ten years, then had to divide it into four fifty-acre parcels. He said he was co-founder of Committee for Green Foothills and was the second president following Wally Stegner; George Norton was the third. He said for awhile he and his wife were very discouraged that they had lost hold of the 200 acres, which contain a mile of Skyline frontage. Then the District moved in and first bought Mt. Melville and prevented a plan for a development of four parcels, and then acquired the Smith property and worked out an arrangement to acquire about half of the Norton property. He gave credit to the Kennedys who bought the house. He said the restrictions that have been written in are remarkable restrictions and the Kennedys were exactly the right kind of people. He said he and his wife feel incredibly blessed that that kind of people were going up there. Board members thanked Mr. Aitken and assured him the District would take good care of the property. Meeting 98-09 Page 5 Motiono N. Hanko 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 98-19 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificates of Acceptance of Grant to District and Grant and Covenant of Restrictions, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Russian Ridge Open Space Preserve - Lands of Aitken, Et Al.); tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Russian Ridge Open Space Preserve; and indicated their intention to dedicate the property as public open space. D. Smernoff seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 2 -Approval of Lease Holdover Agreement and Authorization for the General Manager to Execute the Lease Holdover Agreement with Heritage Communications Inc. (ICI). Black Mountain, Monte Bello and Rancho San Antonio Q= Space Preserves - (Report R-9 M. Williams said he was present at this meeting to answer questions. He stated that some sub-lessors have left and some are looking at alternative sites. He said staff is talking to other potential tenants and also looking at the option of restoring the site. One way or another, antennas and poles will be removed. Motion* J. Cyr moved that the Board authorize the General Manager to execute the Lease Holdover Agreement with Heritage (TCI) for the communication facility on Black Mountain, Monte Bello and Rancho San Antonio Open Space Preserves. P. Siemens seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 3 - Authorization to Solicit Bids for Construction of the Schilling Lake Spillway Rcpair Fiqiect, Thorncw_QW Q= SV= Preserve - (R=rt R-98-53). R. Anderson pointed out the site map showing where the pond, dam and spillway were located. He described what could be done regarding the landslide. He explained why the dam should not be opened up. He said in order to eliminate the dam staff would have to create the original configuration of the stream which would be a bigger project than this one. Michael Marshall, Los Altos don't understand why staff could not take out the dam. R. Anderson explained that they could but it would be very expensive. C. Britton said staff would look into the cost of taking out the dam if the Board wanted them to but he did not recommend it. Meeting 98-09 Page 6 N. Hanko said that when the District acquired the property it was an addition to Thornewood. They considered filling in the lake but the Board felt it was too valuable a resource. She said it has turned out to be a place people seek. Motion: K. Nitz moved that the Board authorize staff to solicit bids for construction of the Schilling Lake Spillway Repair Project. D. Smernoff seconded the motion. 12isc11ssion* R. Anderson said there was professional liability insurance but no guarantee; they want the repair to be permanent. YD= The motion passed 6 to 0. E. Agenda Item No. 4 - Authorization for the General Manager to Execute the Permit lo Enter and Agreement Allowing Rhone-Poulenc, Inc. Access for the Pu=se of Wetland Restoration, Restoring Tidal Action to the Northern Salt Pond, Ravenswood On Space Preserve - (Report R-98-541. R. Anderson presented the staff report including background information. He said Menlo Park had received the report. N. Hanko said East Palo Alto and the sanitary district should receive it as well. Mark Dewitt, Geornatrix, said the key element that R. Anderson presented was that simply breaching the levy arbitrarily will not necessarily provide for ideal re- establishment of natural wetlands conditions. He mentioned other consultants who worked on the project. He described how the breaches would be done to direct the tidal action into the original natural sloughs and inhibit tidal action into the barrow ditches that are parallel to the levy. He described the process of approval of permits that would be required to make the other two openings at this time. R. Anderson will ask Phillips Williams to send a report and letter explaining how the project will work. M. Dewitt said it took a relatively short time for the wetlands to the south to come back and provide habitat. R. Anderson explained how staff recognized "adequate compensation" which was referred to on page 2 of the report in the last sentence before the CEQA information. C. Britton said the only way they can value the benefit of the project is in terms of money. He said the District was facing restoring this as wet land so there is a tremendous benefit to the District in terms of cash outlay. Motions J. Cyr moved that the Board determine that the proposed actions are categorically exempt under the California Environmental Quality Act (CEQA) based on the findings contained in the staff report; and authorize the General Manager to execute the Permit to Enter allowing Rhone- Poulenc, Inc. access to the Ravenswood Open Space Preserve for the Meeting 98-09 Page 7 purpose of restoring tidal action to the salt pond area. N. Hanko seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 6 - Review of Prices and Policy Regarding Agenda. Minutes,and Packet Subscriptions; Authorization for Increasing Current Agenda Subscription Rate to Reflect the Increases in Cost of Production, While Remaining Substantially Below Actual Cost; and Development of the District's On-line Resources to Provide Access to Agenda Materials Free of Charge via the Internet and E-mail - 09cZal R-98-551. C. Britton explained that there is an attorney general's opinion on charges that can be made. He said the District has never tried to recapture costs; and if people pick up material at the office there is no charge. N. Hanko suggested adding a third recommendation that would make it clear that packet materials would be free if picked up at the office. B. Crowder suggested adding, " . . and for personal pickup at the office" to the end of recommendation 2. C Britton suggested since it is District policy not to charge people who come to the office to pick up material, staff add this to the list of things to consider at a workshop on procedural changes. Staff will continue to operate that way in the meantime. Motione P. Siemens moved that the Board authorize increasing current agenda subscription rates to reflect the increased cost of production, while remaining substantially below actual cost; and develop the District's on- line resources to provide access to agenda materials free of charge via the Internet, email, and personal pickup at the District office. J. Cyr seconded the motion. The motion passed 6 to 0. VI. INFORMATIONAL REPORTS N. Hanko reported that the Coastal Ad Hoc Committee held their first meeting on April 16 on the Coast. 35-40 people attended. The second meeting is scheduled for May 6 with a workshop scheduled for May 20. D. Smernoff wished everyone happy Earth Day and said he had attended a sunrise service. He announced Bay Area Action trail work days at Arastradeo on April 25 and 26. J. Cyr said the Use and Management Committee met Saturday at Fremont Older parking lot and the Board might want to do a whole workshop on that. C. Britton and R. Anderson will talk with him about it. He said he and D. Smernoff had the privilege of a private tour of the Fremont Older home. K. Nitz said he took a docent hike on Edgewood Preserve and the wildflowers were spectacular. B. Crowder said she and C. Britton had attended a farewell party for Pat Sanchez, San Mateo County Parks and Recreation Director. She said she, M. Davey, N. Hanko, and C. Britton went to the Foothills Ranger Office for the presentation on the coast side. She, Meeting 98-09 Page 8 J. Cyr and M. Davey went to a docents meeting where the new docents were introduced. She said she had gone to the dog meeting the previous night. She passed along to J. Cyr an announcement of the Second Annual Indicators for a Sustainable San Mateo County on Thursday, May 7 from 5-7 P.M. C. Britton reported as follows: 1. Larry Coons told him the Taxpayers Association did file an appeal on the lawsuit with the Federal Supreme Court. 2. The Sunnyvale State of the City message is scheduled for April 29. 3. He noted the Bay Area Ridge Trail Council walk at the Presidio on May 2. 4. The next docent planning meeting is July 14, 7-9 P.M. K. Nitz and N. Hanko said they would go. 5. R. Anderson made a presentation for the San Mateo County Board of Supervisors regarding the Regional Open Space Study. 6. The Warner Group gave an update on the operations program review to the ad hoc committee last night. 7. He referred to the FYIs, stating that he had invited Erik Vinck, Field Director of America Farmlands Trust, to come to the May 20 meeting regarding the coast. The Monthly Field Activity Report was also in the FYIs. 8. He announced a going away party tomorrow for Tom Karnofel. M. Smith talked about the information in the FYIs regarding inquiries to the District. He said there was some press coverage prior to the first meeting on the Coast. VII. ADJOURNMENT At 9:37 P.M. the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 98-08 Meeting 98-09 Date:April 22, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT #f Amount Name Description 4004 599.86 Acme & Sons Sanitation Sanitation Services 4005 45,98 AT & T Telephone Service 4006 230.00 Avcar Rental Van Rental--Fremont Older House Tours 4007 45.00 Carol Belew Docent Training 4008 65.00 Berry's Pest Control, Inc. Bimonthly Service 4009 240.00 Louis Bordi General Engineering EMO Training-M. Casaretto 4010 132.00 1 California Department of Fish & Game Stream Alteration Permit 4011 126.62 California Water Service Water Service 4012 338.49 Callander Associates Windy Hill Parking Study Consultant 4013 22.73 Contemporary Engraving Name Badge Engraving-Trail Patrol 4014 2,109.47 Cotton, Shires & Associates Shilling Lake Spillway Engineering 4015 119.00 Council on Education in Management Renewal Subscription 4016 50.00 Chris DiLeanardo Docent Training 4017 457.00 Enshaliah Inc. Teague Hill Consultant 4018 36.62 Emergency Vehicle Systems Vehicle Lightbar Repairs 4019 31.00 Federal Express Corporation Express Mail 4020 55.74 Film To Frame Reproduction Services 4021 1,000.00 •2 First American Title Insurance Company Aitken Acquisition Deposit 4022 774,000.00 First American Title Insurance Company Aitken Acquisition 4022 50,000.00 First American Title Insurance Company Weaver Acquisition 4023 905.25 Forestry Suppliers, Inc. 55 Gallon Sprayer and Supplies 4024 22.43 Foster Bros. Security Systems, Inc. Key Duplication 4025 25.10 G & K Services Shop Towel Service 4026 3,329.54 Gardenland Power Equipment Field Supplies & Tools 4021 110.00 GreenWaste Recovery, Inc. Skyline Dumpster Service 4028 55.29 GTE Wireless Cellular Phone Service 4029 515.17 Home Depot Field Supplies 4030 55.63 Honda Peninsula Honda Generator Battery 4031 28.00 Hyster Sales Company Bobcat Service Parts 4032 960.52 J. L. Darling Corporation Signs 4033 4,877.37 Jakaby Engineering Bridge and Parking Consultant 4034 62.02 Langley Hill Quarry Baserock 4035 1,007.38 Lanier Worldwide, Inc. Copier Leases 4036 118.13 Los Altos Garbage Company Dumpster Service 4037 72.36 MADCO Welding Supply Company Welding Supplies 4038 163.22 MetroMobileCommunications Radio Repair 4039 356.14 Meyer Appliance Commercial Dryer-Ranger Station 4040 1,040.00 Micro Accounting Solutions Computer Consulting Services-Distel 4041 409.66 Micromedia, Inc. Microfiche Services 4042 210.99 Mid-Peninsula Electric Electrical Repairs--Nature Center 4043 45.00 Roger Meyers Docent Training 4044 1,680.93 Office Depot Office Supplies 4045 1,793.71 Orchard Supply Hardware Field Supplies 4046 1,432.06 Pacific Bell Telephone Service 4047 394.12 PIP Printing Printing Services 4048 121.33 Peninsula Open Space Trust Easement Monitoring Services 4049 125.00 •3 Pt. Montara Lighthouse Hostel Reservation Deposit-Operations Retreat Page 1 Claims No. 98-08 Meeting 98-09 Date:April 22, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4050 17.43 Rancho Ace Hardware Shop Supplies 4051 34.13 Rayne Water Conditioning Water Service 4062 42.50 Rich's Tire Service Tire Repairs 4053 1,556.99 Roy's Repair Service Vehicle Maintenance & Repair 4054 30.88 "4 San Mateo County Permit Extension 4055 69.82 Signs of the Times Signs + 4056 20.00 •5 Sonoma County Public Health Department Tick Testing 4057 122.00 The State Bar of California Bar Dues--S. Schectman 4058 23.94 State Board of Equalization Diesel Fuel Tax 4059 130.00 State of California-OES Training Certificates--Haz Mat Class 4060 497.84 Summit Uniforms Uniforms 4061 452.99 Taylor Rental Center Bobcat Excavator Rental 4062 240.00 Therms Corp. Heating & Air Conditioning Service 4063 32.85 Tooland, Inc. Equipment Part 4064 20,575.21 Turner & Mulcare Legal Services 4065 3,623.91 VISA Field Supplies, Local Business Meeting Expense, Conference Expense, Office Supplies and Resource Documents 4066 98.48 M. Douglas Vu Vehicle Expense 4067 300.00 Roberta Wolfe Recording Services 4068 85.27 The Workingman's Emporium Uniforms 4069R 480.00 California Conservation Corps, Pulgas Ridge Plant Removal Project 407OR 2,109.47 California Department of Fish & Game Permit Extension Fee--Mindego Creek 4071R 277.40 MCI Long Distance Phone Service 4072R 120.00 Rich Voss Trucking, Inc. Trucking Charges-Deer Hollow Farm 4073R 456.27 S. G. Barber Gate Installation-Portola Heights Road 4074R 226.69 Malcolm Smith Vehicle Expense 4075R 71.83 Cheryl Solomon Vehicle Expense 4076R 300.00 Roberta Wolfe Recording Services 4077R 47.45 Lisa Zadek Vehicle Expense 4078R 374.33 Petty Cash Local Business Meeting Expense, Office Supplies, Vehicle Expense, Docent Supplies, Resource Documents and Field Supplies TOTAL •1 Urgent Check Issued April 16, 1998 •2 Urgent Check Issued April 17, 1998 •3 Urgent Check Issued April 15, 1998 •4 Urgent Check Issued April 17, 1998 •5 Urgent Check Issued April 10, 1998 882,038.54 Page 2 nal Open I ice 0 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-10 SPECIAI. MEETING BOARD OF DIRECTORS May 6, 1998 I MINUTES I. ROLL CALI. Vice President David Smernoff called the meeting to order at 6:02 P.M. Members Present: Mary Davey, David Smernoff, Pete Siemens, Jed Cyr, Nonette Hanko, and Ken Nitz. Members Absent: Betsy Crowder Personnel Present: Craig Britton, Sue Schectman, Mike Williams, John Escobar, Deirdre Dolan, Randy Anderson, Susan Dale, Del Woods, and Jodi Isaacs II. ORAL COMMUNICATIONS - None. III. ADOPTION OF AGENDA Motion: N. Hanko moved that the Board adopt the agenda. M. Davey seconded the motion. The motion passed 6 to 0. IV. ADOPTION OF CONSENT CALEND Motion; M. Davey moved that the Board adopt the Consent Calendar, including agenda item No. 3, Authorization for General Manager to Grant Prorated Management Administrative Leave to Planning Program Team Leaders and Long Term Acting Program Managers- and Revised Claims 98-09. J. Cyr seconded the motion. The motion passed 6 to 0. V. BOARD BUSINESS A. Agenda Item No. 1 - Review and Comment on the Results and Draft Products of the Regional Onen Snare Study Process; Review and Confirm the Next Steps and Schedule Additional Meeting(s) to Finalize the Study Products and Review the Financial Implications - ate= R-98-591. 330 Distel Circle - Los Altos,CA 94022-1404 Phone: 650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspaee.org Weh site:www.opetispace.org � Board of Oire(tor,:Pete.Siemens,Mar C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Bets Crowder, K �y y, y y er,Kenneth C. Nitz � Gene�r��a!Manager:L.Craig Britton Meeting 98-10 Page 2 R. Anderson outlined the order in which the review would take place as follows: (a) Introduction and background. (b) Overview of issues that came out of participation process (attachment 1 of report). (c) Review of basic policies and responding to issues. (d) Study map (attachment 2 of report). (e) Overview of financial implications. (f) Next steps - schedule meetings, identify tasks. (a) Introduction and background R. Anderson reviewed the staff report and stated that all documents would be returned to the Board for confirmation and no final decision would be made at this meeting (b) Overview of issues that came out of participation process (Attachment 1 of Report) R. Anderson reviewed the issues and ideas arising out of public participation including responses to the informal survey, the results of which were contained in Attachment 5. C. Britton explained that Attachment 1 had been put together so that each basic issue that was derived from the survey results and comments at the workshops could be debated further by the Board as part of the Basic Policy. In other instances staff thought basic policy already incorporated the suggestions, as noted. Discussion followed regarding the two suggested alternatives for the Mission Statement. Motion: P. Siemens moved that the Board approve Alternative 2. M. Davey seconded the motion. The motion passed 6 to 0. (c) Review of basic policies and responding to issues. Issue I I Definition of "natural" - By consensus, Board members agreed that there needed to be more discussion as recommended by staff. Issue 1 Acquisition priorities - Board members expressed agreement with the staff recommendation. Issued San Mateo County Coast - R. Anderson said this had been included to express support for the study. Te a t r ie d re n i i itie n n tr ti n r e t 2 3 4 Meeting 98-10 Page 3 Issue 3 District's role on the Bay - N. Hanko said she thought it would be wrong to say they weren't going to be acquiring baylands any more unless they asked the voters if they wanted them to change their original promise. D. Smernoff agreed, stating he thought it was important for the District to maintain a presence along the Bay. J. Cyr agreed as well. C. Britton responded to a question from the audience regarding this issue. He said managing the baylands is a stretch for staff. In addition, the Federal Wildlife Refuge is managing some baylands areas and there is an opportunity for them to step in and manage the Ravenswood Preserve. Regarding the Stevens Creek Shoreline, J. Escobar said the nature study area can't be managed by others unless there is a formal agreement with them. C. Britton said there are many grants and a number of agencies involved in the baylands and maybe the District does not have to be so involved. P. Siemens said he did not think the District should change what it is doing now. Motion: N. Hanko moved that the Board direct that Issue 3 be deleted. P. Siemens seconded the motion. Discussion: Glen Lyles, City of Mountain View, reminded the Board that the city council went on record as conceptually approving assuming responsibility for the part of the Bay Trail that intrudes into Moffett Field adjacent to the District's property. Vote: The motion passed 6 to 0. Clarification of lanauage of eminent domain Wlicy S. Schectman said the proposed wording is generally in compliance with the District's adopted policies. Discussion followed regarding whether to include the policy verbatim or by reference. C. Britton stated that if the District annexes the coast, the basic policy will be changed and changes in the eminent domain policy could be incorporated at that time as well. The following wording was proposed: "Eminent domain will be used only as a last resort, in strict compliance with the District's eminent domain policies, and except in rare instances where a property straddles those boundaries, only within the District's boundaries and sphere of influence." S. Schectman cautioned them about the wording because there might be an access casement or something they would need to acquire by eminent domain that is wholly without the boundary but for some reason is essential to connect a state park with a District preserve. Staff will come back with language for consideration. Issue 13 Clarification of use and updating of Regional Open Space Study - After discussion the following changes were made to paragraph d.: Meeting 98-1 0 Page 4 Change the last word from "policy" "policies." policies.N Change the second sentence to read, "The Regional Open Space Study shows the general extent of lands and public access improvements existing and under consideration to complete the District's mission." Change the fourth sentence to read, " The Regional Open Space Study is subject to periodic technical updates." Issue 11 Mission Statement - R. Anderson said this had already been covered. In addition, he explained that staff recommended switching Objectives 2 and 3 which had resulted in reference to the wrong section in some instances. Staff also recommended switching Research to Inter urisdictional Relationships and Neighbor Relations to Public Involvement. Issue 4 Constrain rate of public access - N. Hanko suggested changing this to add the word "additional" so the sentence would read, "Constrain the rate of additional public access and associated costs to provide . . ." P. Siemens asked if they should say something about the Board establishing the growth rate of the operations budget. C. Britton said there are no longer land management budget guidelines, but perhaps it could be put in the administrative portion of basic policy. He read from Policy S.A., Cost Restraints. N. Hanko said she had qualms about the issue of cutting down the amount of financial resources for the development of trails. She said she did not think they should overlook the results of the scientific survey. She said they have to look ahead to representing all taxpayers, including those who don't use the preserves. C. Britton explained that all ideas will be brought back for Board debate. Staff members thought the ones brought up at this meeting affected the wording of basic policy. Issue Access and improvements - R. Anderson explained staff s recommendation. Iss,ue$ Wilderness areas - N. Hanko said she did not agree that the District does not have real wilderness. R. Anderson outlined staffs recommendation. Issue 14 Guidelines for developing and managing preserves - N. Hanko suggested that the wording of the next to the last paragraph under Meeting 98-10 Page 5 N N Recreational Use and Improvements" be changed to read, . . . expenditure guidelines shall be established for the amount of funding. N Issues Operations and management cost impacts - R. Anderson explained the meaning of"standard of care." C. Britton said the suggested wording change under Recreational Use and Improvements had been brought up because they thought perhaps horseback riding and bicycling should be considered as special uses. Board members agreed that this issue merited further debate. Paragraph c., Recreational Use and Improvements, will be amended to remove the word "be" and read, "Improvements on District lands are generally limited . . ." Issue 10 Impacts of"special uses" - Board members affirmed they would like further study at a Board meeting. Staff said it would take place at a June meeting. Issue 12 Definition of agricultural policies - N. Hanko said she thought the word "shall" instead of"may" should be used in paragraph e, Cultural Resources, which should read, "Historic structures and sites shall be protected . . ." and in paragraph f., Agriculture and Revenue- Producing Use, which would then read, "Agricultural use of District land, such as grazing, orchards, and vineyards shall be permitted. . " I C. Britton described the process proposed for evaluation of structures prior to destruction. J. Cyr suggested that paragraph e., Cultural Resources, should read, "Historic structures on sites will be considered for protection by the District. . ." C. Britton suggested that this should be cross referenced with the structures policy rather than resource management policies. Motion: J. Cyr moved that the Board change wording of paragraph e., Cultural Resources, to read, "Historic structures on sites will be considered for protection by the District. . ." P. Siemens seconded the motion. The motion passed 6 to 0. Discussion followed regarding the policy on agricultural use. C. Britton said that staff recommended going ahead with this, knowing the Board will probably consider some other policy statement for the coast. Meeting 98-10 Page 6 Motion: N. Hanko moved that the agricultural section be held off until such time as the Board develops policies for the difference between the coast and the current District so there is no question as to what District policy would be. The motion was not seconded. Discussion followed. C. Britton said May 20 is when the Board will decide the direction the Board will follow on the coastal annexation question. By consensus, Board members agreed that they did not want to finalize the agricultural policy at this time. R. Anderson said the section was consistent with Resource Management policies which had been adopted after approval of the current basic policy. Following comments from the audience, C. Britton mentioned the District is a public agency not a non-profit group. He thought agricultural and revenue producing uses should be separate. He suggested certain changes to the footnotes. N. Hanko suggested that they be specific about no logging. C. Britton said he thought current wording could be interpreted as saying no logging on District land. Staff members cautioned the Board about being too specific in one area. P. Siemens said he thought they should be able to tell the people on the coast what their policy is for agricultural land. Board members concurred. Items 6, 7, and 9, attachment 1 R. Anderson said these were some issues that were not imbedded in the policies because they weren't considered pertinent to the basic policy but were issues to be covered in other policy review projects. N. Hanko said she thought the survey, though unscientific, was important because of questions having to do with the use of District lands. N. Hanko asked that item 4 of attachment 1, Public Access and Improvements, be changed to read, "Constrain the rate of increased (or additional) public access . . ." Motif P. Siemens moved that the Board continue Item 1 and move the agenda to Item 2. J. Cyr seconded the motion. The motion carried 6 to 0. B. Agenda Item No. 2 - Proesed Approval_ of Assignment of I ease to Leslie Pan ling and Thomas Kreidler for the Historic Picchetti Winery, Monte Bello Onen Space Preserve - (RR=rt R-98-58). Meeting 98-10 Page 7 M. Williams presented the staff report and introduced Leslie Pantling. Mo M. Davey moved that the Board approve the "Approval of Assignment of Lease for the Historic Picchetti Winery to Leslie Pantling and Thomas Kreidler." P. Siemens seconded the motion. The motion passed 6 to 0. A. Agenda Item No. 1 - continued (d) Study map (attachment 2). R. Anderson presented an overview of the study map. He proposed that staff come back at a subsequent meeting with the map revised to reflect most of the comments contained in attachment 2. He said the map was considered very non-controversial by other agencies that had reviewed it. N. Hanko expressed concern that there was no indication of which field offices, education and interpretive facilities, and historic structures were District facilities. D. Smernoff made the following suggestions; 1. The map should include a potential new education and interpretive facility on Arastradero Preserve. 2. There should be a red W near Stevens Creek Shoreline Nature Study Area. 3. The map should delineate major watersheds within the District. The use of overlays was discussed. N. Hanko said she thought a hearing on the coast regarding the regional open space map would be a good idea. C. Britton said he assumed if the Board goes forward, you would be looking at master plan policies to see if those were appropriate for the coast and then do the master plan update and the regional open space study. K. Nitz said MROSD administrative offices should be changed to "office." He also suggested that the gray area be lightened. N. Hanko said she would provide corrections to the map regarding the Stanford lands west of The Alameda. (e) Overview of financial implications. R. Anderson reviewed the staff report, stating staff had quantified and analyzed the numbers reflected by what is shown on the map. Staff had tried to put together a financial model that assumed which property the District would acquire. This will be considered at the next meeting on the study, perhaps at the second meeting in June. Meeting 98-10 Page 8 (f) Next steps - schedule meetings, identify tasks R. Anderson said he hoped to be able to print the map in large quantities after final approval. VI. INFORMATIONAL. REPORTS P. Siemens said he met with C. Britton and K. Nitz to discuss the evaluation of board appointees. C. Britton will come back with a list of goals, etc., and schedule the evaluation. K. Nitz attended a meeting of the coastal committee. Sixty people attended and voiced their concerns. C. Britton reported as follows: 1. The upcoming planning meeting for docents was changed to July 21. 2. The Attorney General's opinion is that San Mateo County can put the 'h cent sales tax for parks, libraries and schools on the ballot without the aid of additional legislation. 3. FYIs contained a memo from R. Anderson on the Cora Older trail alignment. 4. Letter in FYIs from Bill Korbholz regarding the Hikes and Walks planning meeting. 5. Notification letter in FYIs regarding Cooley Landing project. P. Siemens said he and M. Smith had gone to Sacramento to the Special Districts meeting with legislators. They had received information about the state budget including the large surplus. VII. ADJOURNMENT The meeting was adjourned at 8:55 P.M. Roberta Wolfe Recording Secretary I i 3050 Country Club Ct. Palo Alto, CA 94304 May 26, 1998 Betsy Crowder& Members of the Board Midpeninsula Regional Open Space District 330 Distel Circle MAY 7 ��98 Los Altos, CA 94022-1404 _-STRICT Dear Ms. Crowder and Members of the Board: I was greatly disappointed to receive the news of Cheryl Solomon's sudden resignation. As Docent Coordinator for the District, she has been the inspiration and driving force behind the Spaces and Species Outdoor Education Program at the Daniels Nature Center. For the past three years I have served as a volunteer Outdoor Education Leader(OEL) for this program, whose curriculum I wrote in collaboration with Cheryl and Carleen Bruins. I have had an opportunity to observe Cheryl's dedicated work and exceptionally charismatic relationship with both students and adults, qualities that will be hard to replace. I know that Cheryl has been especially creative and interested in fostering environmental education for the schools. The Spaces and Species Program has been highly acclaimed by nearly all visiting schools, and many teachers give it a number one rating among their field trip options. Fair Meadow School was so pleased with their experience that I understand they scheduled an in-service training session with Cheryl for fourth grade teachers; subsequently, all those teachers signed up for a field trip. I am deeply concerned about the future of MROSD's outdoor education program without Cheryl's strong, positive leadership. For instance, I am wondering who will organize and conduct docent training sessions in the fall. Also, apparently there are now no plans for an OEL debriefing session after the final spring field trip. These have been very valuable sessions in the past. I just want you to know that I consider Cheryl's departure most unfortunate for the District, and we will surely miss her. I believe we are losing our strongest support for public outreach to the schools. We must not forget that the young people of today may be those to decide the future of MROSD. Sincerely, RESPONSE ACTION PROPOSED BY STAPP Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached ScafC to ba Direttad to Prepare Draft Response for Board Cons iderae ion pes Board Diractive(s) No Response Necessary Regional Open - ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Carol M. Hankermeyer 3050 Country Club Court Palo Alto, CA 94304 Dear Ms. Hankermeyer: Thank you for your May 26, 1998 letter regarding the resignation of Cheryl Solomon, the District's docent coordinator. At our Regular Meeting last night, the District's Board of Directors reviewed your comments. Although we will miss Cheryl, we support her decision to take the necessary steps to pursue her goal of becoming an elementary school teacher. Since the establishment of the docent program, several people have held the position of docent coordinator. All of them have brought a variety of special skills and talents to the job. Each of them has helped the program grow in different ways, including Cheryl. Carleen Bruins, the District's visitor services supervisor,has the overall responsibility for the District's volunteer programs, including the development and direction of the environmental education program. The Board is confident that the docent program will run smoothly and continue to grow under her continued leadership. Staff has started the recruitment process to hire a new docent coordinator, and is already working to fill the gap in the meantime. If you have questions about the program in the interim,please call Carleen at the District's main office. Again,thank you for writing to express your concerns. We share your feeling that this program is crucial in helping people gain a greater appreciation for open space. We are grateful for your contributions to the District's environmental education program. Sincerely, Betsy Crowder, President Board of Directors be/crb cc: Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 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 SOUTH SKYLINE ASSOCIATION 13500Indian Trail Road, Los Gatos, CA 95 May 10, 1998 A" i Midpeninsula Regional Open Space District California State Parks District Office _ Santa Clara County Parks ' . ! � t _L San Mateo County Parksf? The South Skyline Association represents approximately 200 residents and owners along Skyline Blvd from Black Road to Old La Honda Road. This region includes Castle Rock State Park and MROSD parks. For the last 29 years, the Association has concerned itself with issues of local interest and concern. The purpose of this letter is to go on record as being in favor of feral pig management in the South Skyline region. The SSA is aware that the nature and biology of feral pigs makes them very difficult to eradicate, but we support actions that contribute to a reduction of their numbers. Our position is based on the fact that feral pigs damage private and public property, create a threat to pets and humans, and are harmful to native ecosystems. We would like to know what plans your agency has for addressing the problem of feral pigs and what we may do to help with this goal. Thank you for your consideration. Sincerely, RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Judith H. Lovell Director Acknowledge/Respond President Staff Acknowledge/Respond South Skyline Association Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Of rec tive(s) No Response Necessary Regional Open - ace DRAFT RESPONSE PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Judith H. Lovell, President South Skyline Association 13500 Indian Trail Road Los Gatos, CA 95033 Dear Ms. Lovell: Thank you for your May 10th, 1998 letter related to feral pigs in the south skyline area. The District's Board of Directors reviewed your letter at its June 10, 1998 regular meeting. This year, either due to expansion in their range or a good forage year, the District has recorded a remarkable increase in pig activity, especially at our Long Ridge Open Space Preserve where pigs are moving in from the south and west. This has been documented in a report completed at the end of March on the frequency and distribution of pig activity on the preserve. As your letter states, wild pigs are wide ranging and prolific which makes eradication difficult. Effective reduction of feral pig numbers will take a regional effort incorporating State Parks, California Fish and Game, County Parks, water districts, private land owners and the District. This regional effort was the discussion at the most recent Bioregional Council Steering Committee meeting held May 21, 1998. The committee agreed to facilitate a meeting with representatives from these agencies to discuss resource degradation caused by pigs, control methodologies, and the necessary steps to coordinate agencies to manage feral pigs on a regional scale. Staff will be attending the meeting with these various agencies to explore the time and costs associated with different regional control methods. The District will report the outcomes of the meeting to your Association for comment. As private landowners adjacent to District lands your cooperation is essential for any regional feral pig management strategy to be successful. If your association would like to send a representative to this meeting, please contact Jodi Isaacs the District's Resource Management Specialist for further details. Thank you for your concern about District lands. If you have any further questions regarding natural resources on District lands, please feel free to contact Jodi Isaacs, the District's Resource Management Specialist. Sincerely, Betsy Crowder, President Board of Directors BC:ji cc: Jeannine DeWald, California Department of Fish and Game Mike Vasey, Bioregional Council Steering Committee George Gray, State Parks Don Roche, Santa Clara County Parks Doug Padley, Santa Clara Water District 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 FAX: 650-691-0485 e 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 SOUTH SKYLINE ASSOCIATION V° K 19 May 1998 l' Betsy Crowder, Board President Mhy Mary de Beauvieres, Open Space Planner EEC Regional Open Space District OPEN S . 330 Distel Circle ,T Los Altos CA 94022-1404 Dear Betsy and Mary, Thank you for meeting with me yesterday to let me tell you of the need for pay telephones in the Skyline area between Skylonda and Castle Rock State Park. I fear I failed to sufficiently stress the public safety need for pay phones. Call boxes along this stretch of highway do not work, and the response to our organization's letters to CALTRANS acknowledge that there are problems with the call boxes and mention vague plans to remedy the situation some time in the distant future. Emergency assistance has fallen to the local residents to provide help and telephone access. MROSD is the largest property owner in our area attracting many visitors to the beautiful parklands, but MROSD is not taking responsibility for providing pay phones for this necessary public safety need. It is time that the burden be removed from local residents. Two pay phones on MROSD land (one at the Russian Ridge or Horseshoe Lake parking lot, and another at the Skyline/Route 9 intersection trail head) would help. Given that this is a MROSD problem, it is not appropriate to ask that our organization, South Skyline Association, contribute funds. At our meeting yesterday, Mary confirmed that the planning schedule for the coming year includes investigating pay phone installation. Our initial request was made in early autumn of 1997. Please find a way to speed the process. Enclosed is a copy of the response from Telecommunications Division office of California Department of General Services. Let me know if I can be of help or provide other information. Thanks, and best regards. RESPONSE ACTION PROPOSED BY STAFF Ruth Waldhauer Board President Acknowledge/Respond SSA Secretary Director Acknovledge/Raspood 22400 Skyline Boulevard Box 35 T Staff Acknovledge/Respond La Honda CA 94020 Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directive(a) No Response Necessary - La Honda, California 94020 STATE OF CALIFORNIA—STATE AND CONSUMER L .;ES AGENCY PETE WILSON,Governor DEPARTMENT OF GENERAL SERVICES TELECOMMUNICATIONS DIVISION 601 SEQUOIA PACIFIC BOULEVARD SACRAMENTO,CA 95814-0282 (916)657-9903 January 20, 1998 Ms. Ruth Waldhauer III South Skyline Association 22400 Skyline Boulevard, Box 35 La Honda, CA 94020 Dear Nis. Walahauer: In response to our phone conversations and y letter dated January 8, 1998, the site you have requested for a payphone has been eyed by a subcontractor under the State Master Contract for Payphones There " three reasons the State Payphone Program Unit can not proceed with the installa of a payphone at that location: 1. The Site belongs to the Depart t of Transportation and a request for a payphone to ue installed has b denied due to their departmental policy to not install payphones mote park and ride location if an emergency call box is provided r 2. The cost to provide phone sery at that location would be very expensive. A new telephone p ' ' ould have to be installed to run service over the road to that to n and the Department of Transportation would be held r nsible for those costs. 3. The vendors under the State M r Contract for Payphones have a clause that says any payphone that is non profitable (grossing less that $60 per month), for six r:onsecu ye months must be looked at for possible removal, cress subsidi1 ion by other payphones under the program or relocated to a more o itable location. Historica:ly these locations are not good for pa *ones due to the cost of the payphone and providing service and maintarlarl,_e with ni vandalism at remote locations. After our phone conversations about your pro s with the call boxes in your area, I think you should be able to contact your count fficials about bad services with the call boxes and get that remedied as the main purp for those boxes are for emergency and immediate response. Sincerely, F BILL CASE Telecommunications Systems A-mlys! 11 Payp' one Program Regional Open . _ ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Ms. Ruth Waldhauer, Secretary South Skyline Association 22400 Skyline Boulevard, Box 35 La Honda, CA 94020 Subject: Pay Telephones on Skyline Boulevard (State Highway 35) Dear Ruth: Thank you for meeting with Mary de Beauvieres and me on May 18, 1998. Also, thanks for forwarding a copy of the Caltrans letter dated January 20, 1998 regarding Caltrans policy on pay telephones. I'd like to take this opportunity to clarify some of the issues. Last fall, you approached Mary de Beauvieres to request the District consider adding a pay telephone near the junction of Alpine Road and Skyline Boulevard. You expressed concern over the removal of the pay telephone at the Saratoga Summit fire station, managed by the California Division of Forestry. Its removal leaves an approximately 17 mile stretch of highway without pay telephone services. While there appears to be a need for a public telephone within the Highway 9 to Alpine Road stretch of Skyline Boulevard, we do not believe our lands are the most appropriate location. Our parking areas and preserves are closed between the hours of half hour after sunset to sunrise. A public phone on our land would not be accessible during these hours. Our experience with pay telephones in remote locations has not been particularly good. Our only experience with a pay telephone occurred years ago, when we installed a pay telephone on Page Mill Road near the Los Trancos Open Space Preserve parking lot. Within about one week of installation, the entire structure was removed at ground level by thieves. Neither the District nor Pacific Bell pursued replacing it. Recent staff research shows that there are fees associated with installing and maintaining a pay telephone. Pacific Bell indicates pay telephones must receive between 20 to 30 calls per day (on average) in order for the installation and monthly service charges to be waived. If this threshold of calls is not reached, there is a minimum installation fee of $295.00 and a monthly service charge of $46.00. (Actual site conditions could raise the installation fee even higher). We are convinced that this threshold could not be achieved in this remote location. The District is only one of several significant public landowners in the Skyline Boulevard 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 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.Smern ff Nonette ianko Bets Crowder,Kenneth C.Nitz General Manager: er:L.Craig Brit ton corridor. The State Department of Parks and Recreation and Santa Clara County Parks Department also have land holdings within the Highway 9 to Alpine Road area. The Caltrans right-of-way might be a more appropriate location for a telephone, if they could be convinced to bend their policy. It would be accessible to all passers-by at all hours. Barring this, perhaps the solution is to focus on the existing Caltrans call boxes, working with Caltrans to ensure they function at these remote locations. Sincerely, Betsy Crowder, President Board of Directors cc: Board of Directors ._......-............... Peters, Jerry, 09: 11 AM 5/21/98 Dog Access to Long Ridge OSP Content-return: allowed Date : Thu, 21 May 1998 09 : 11 : 28 -0700 From: "Peters, Jerry" <jerry.peters@lmco. com> Subject : Dog Access to Long Ridge OSP To: " 'mrosd@openspace.org l " <mrosd@openspace .org> Cc : " ' swolf@octopus .wr. usgs .gov l " <swolf@octopus .wr.usgs .gov> X-Rcpt-To: mrosd@openspace . org MROSD Board Members, I wish to join other Skyline area residents who live adjacent to Long Ridge OSP in our effort to reopen the v p e preserve to leashed canines . I walk my Australian shepard 3-4 times a week along the highway and gaze longingly at the unused trails below, especially the newest trail that connects Skyline Ridge OSP. While I have frequented the dog-accessable areas at Coal Creek, Crazy Pete ' s and Windy Hill, I would not consider these trails especially user-friendly as they are all quite steep. Why not give the dog-lovers a better piece of the pie? Could we please have access to a relatively flat trail on the west side of Skyline Blvd. that includes an ocean view and is south of Page Mill Rd. ? My motivation to join this crusade is due to numerous unsafe traffic episodes I have endured on the highway with my dog in this particularly high-speed area of Skyline . My suggestions for limited usage of the preserve by neighboring residents : 1) Local dog owners register their animals at the new Skyline MROSD headquarters near Alpine Rd. Pictures of dog (s) could be included. The MROSD, after checking the credentials of the applicant, issues a pass, which shall be carried by the residents when using the preserve with their dog (s) . This pass shall be good fulltime on the weekdays and perhaps for a limited time (early and late) on the weekends . No advertisement of this option would be made to the public; the local resident dog-coalition would pass the information by word of mouth only. If a small processing fee might be required, I would pay. Despite the fact that these suggestions may seem selfish or unreasonable by public standards, I am compelled to make them because everyday that I walk my dog along the highway I wish we could be in the preserve. Jerry Peters 1531 Skyline Blvd. Palo Alto (and wife Janet tool ) Mailing address : Rt . 2 Box 330 La Honda 94020 e-mail address : jerry.peters@lmco. com RESPONSE ACTION PROPOSED By STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to b• Directed to Prepare Draft Response for Board Consideration per j Board Directiwe(s) No Response Necessary Printed for Open Space District <mrosd@openspa -.. Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Jerry and Janet Peters Route 2 Box 330 La Honda, CA 94020 jerry.peters(&Imco.com Re: Dog Access at Long Ridge Open Space Preserve Dear Jerry and Janet: Thank you for your recent e-mail requesting the re-opening of dog access at Long Ridge Open Space Preserve. The Board reviewed your letter at its regular meeting last night. To provide some background regarding the District's policy on access for dogs, in September, 1995, after a two-year research and debate process, overall policies were adopted regarding dog access on District lands (see attached report). There was extensive public participation during this process, including people in favor of increased access and many who were opposed. The Board sought a balanced solution consistent with its overall policies for land stewardship and accommodation of public use. The overall objective was to have a more systematic approach to dog access decisions rather than base decisions primarily on site-by-site pressures for or against dog access, which is consistent with the District's overall approach to managing trails district-wide. A key policy was adopted that for ease of enforcement and public use, a preserve should be either entirely open or closed to dogs. Additionally, criteria were adopted for environmental conditions and other factors such as parking and ease of access that are conducive to dog use, and the preserves were ranked based on these criteria. Long Ridge came out lower on the list because of the proximity of trails to riparian habitat, and other factors. Some of the specific concerns that other users have expressed regarding dog access are that some dogs exhibit aggressive behavior which bothers other trail users; many people do not obey leash regulations which contributes to conflict with humans, wildlife, and other dogs; dogs frighten and may molest wildlife, and certainly decrease the ability to observe wildlife on the trail, many people object to dog waste on the trail and find it significantly more objectionable than horse droppings, and some are concerned that dog waste can cause contamination of local water supplies. Overall, we found that these issues are more emotional/aesthetic than serious environmental impact concerns; however to the public, and to the staff charged with managing use to avoid conflicts, they are nevertheless very real issues. 330 Distel Circle * Los Altos,CA 94022-1404 9 Phone:650-691-1200 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 June 11, 1998 page 2 Suggestions for "core hours" or alternating days in which dog access would be permitted, and/or for special permits for residents with dogs, have been discussed extensively during the past few years of debate about dog access. We have also researched the experience of many other public agencies with these and other approaches to managing access. Our conclusion is that we do not have the staff resources or the controlled-access conditions to manage such programs. Palo Alto Foothills Park, for example, is open only to Palo Alto residents, has more assigned staff, and has an entry kiosk for control of public access. We sympathize with your position and the position of your neighbors who have contacted us about dog access at Long Ridge. Unfortunately, there are neighbors at virtually every preserve who have equally valid needs and arguments. There is no practical way to make the preserve accessible to neighborhood dogs but not those of the general public, nor would this be fair to our other constituents. Our overall policies, fiscal constraints, and feedback from constituents during formal review of dog access policies dictate that dog access must be accommodated cautiously, and that there must be areas which do not have dog access. In conclusion, while we cannot honor your request to open Long Ridge to dogs, there is always the possibility that this or other areas will be considered for expanded access in the future. We do have a companion dog element of our volunteer trail patrol, which we hope will help us to manage dog use in preserves that are currently open to dogs and make it more feasible to expand access. You may obtain more information about the volunteer patrol from the administrative offices. Your name will be added to our mailing list for dog access issues, so you will continue to receive notice of meetings on this subject. Other interested persons may be added to the list by contacting the administrative offices. Sincerely, Betsy Crowder, President Board of Directors BC/ra cc: MROSD Board of Directors Lynn C. Gale, Ph.D. RESPONSE ACTION PROPOSED BY STAFF Star Route 2,Box 329•La Honda,CA 94020 50)917-8786 Board President Acknowledge/Respond rsusrewos.s Director Acknowledge/Respond . Staff Atknowled gel Res pond � Draft Response Attached Board of Directors Staff to be Direct ed to Prepare Draft Midpeninsula Regional Open Space District Response for Beard Consideration per Board DSrec cive(s) 330 Distel Circle No Response Necessary Los Altos, CA 94022-1404 May 1 19 y 8 98 Dear Directors, This letter concerns preserve access for local dogs. To situate my request, let me say that I live on Skyline, between Skyline Ridge and Long Ridge preserves. I, myself,do not have a dog companion, except on the occasions(several weeks every year) when I take care of a neighbor's dog.However, several families in my tiny neighborhood do have dogs. And so I write this out of caring for my local community,as well as on general principle. From talking with my neighbors, I get a sense of their frustration with MROSD regulations barring dogs from the preserves. Those who have lived here for decades remember being able to roam freely with their dogs when the land was privately held. Now they cannot, and they do not understand why. That gap in communication makes the situation all the more troubling. If nothing else,opening the discussion about preserve access for local dogs can serve the MROSD Board as an occasion to educate the community. Below I list some possible considerations that may underlie your position against allowing local dogs with their human companions into your preserves. I respond to each point by point. Finally, I describe why I feel strongly positive about sharing the trails with local dogs. (1)Dogs pose a (real or perceived) hazard to public trail users and generate complaints from hikers, bikers, and equestrians. Local dogs are few and far between on the trails, and a window of opportunity such as 7 AM- 10 AM for residents would allow them to use the trails before the majority of public visitors arrive.Everyone could be alerted to the schedule so that those seeking to avoid companion dogs altogether would know to arrive at 10 AM or later. I don't feel threatened by my canine neighbors, but I have empathy for people with special fears. They must take some responsibility for themselves, though, in choosing to set out on preserve trails, where they may encounter coyotes, bobcats,mountain lions, or rattlesnakes anytime of day. (2)Dogs endanger wildlife and habitat. As a lover of wilderness (Sierra Club life member,environmental activist), I personally care deeply about this issue. Also, consider that residents are as likely interested in preserving this habitat, their own "back yards," as the MROSD stewards. However, MROSD trails where I live do not penetrate pristine areas. Unlike other wild areas, these lands have been regularly touched by human use for quite some time. Where there is already a compromise of wildness, in the form of past agriculture, and present hikers, bikers, and equestrians, I cannot surmise what mandates against dogs in particular, and their human companions. What added threat is a dog on a leash? In fact,former private owners allowed dogs to roam, and county trappers use dogs in preserves to aid their work (Dairen Simpson,Apr. 17, 1998 presentation to South Skyline Association). Compared to other users,dogs and their companions tread lightly on the trails. Horses leave large piles of manure center-trail, and ankle-twisting holes from hooves compacting the mud. On narrow passages, both these obstacles can result in hikers/bikers moving off-trail to get by, thus impacting the flora. The rain-washed manure must also affect local vegetation in untold ways. Bikes damage trails too with ruts, and once I was saddened to see a squashed banana slug after a biker passed. In my experience, dogs and two-leggeds are always agile enough to step around the slugs. Judging from the trail that runs by my house, bikers also are the most vocal—whooping on occasion at the top of their lungs,or yelling to companions who are farther apart than hikers would be. I've wondered how this commotion affects resident wildlife. (3)Patrolling these trails, with limited staff, is complicated enough already, without having to monitor whose dog is "local" and whose isn't. Here I see an opportunity for the MROSD to simultaneously build good will and educate, and even get something in return! My ideas are as follows (but equivalent or better plans may emerge with further discussion). The South Skyline Association (SSA) newsletter could announce that dog owners may apply for special permits to use their adjacent preserves. The owners would bear the cost of marking their dog as "local." For example, I can imagine a special preserve bandanna or engraved dog tag to be worn on the trails. Community members could design this. Besides paying the expense of tagging, the resident could be asked to pick up this token at a community forum. The forum's purpose would be to educate residents about dog issues and to provide a question/answer session so that everyone understands and feels heard. An informational brochure could be handed out for reference, much like the recent SSA event at which rattlesnake and mountain lion brochures were distributed. What the MROSD stands to get back in return for this outreach, is not only increased awareness of residents bordering the preserves (itself valuable), but also the many varied fruits of the seeds of good will—often unanticipated and evolving with time. One I can anticipate is residents serving as informal "volunteer patrols" on their trails—the individuals with most interest in preserving nearby habitats, and day-to-day observers of changing conditions, reporting to MROSD in the spirit of common purpose. Wouldn't it be great if the uneasy tension between district and residents gave way to teamwork and trust, supported by shared goals?! Finally, let me say why I wish to share local trails with local dogs. (1)To save human time and oil consumption/pollution—Getting into a car and driving 8 miles or more (plus the effects of two cold starts) to walk the dog is wasteful. And not a habit we would be proud to teach our children. Note: walking the dog along Skyline is too dangerous to even be considered an alternative. (2)For human safety—I am a single woman and live in a tiny community. I am fortunate to have found a running partner, but when she is away (or I am away) there is higher risk running alone on the trails in my local preserves. Dairen Simpson,Wildlife Specialist, Santa Clara County Health Department and consultant for San Mateo County and MROSD,recently gave a SSA presentation about local wildlife, in particular mountain lions. The risk of a mountain lion attack is minuscule when computed for an individual in the general population,however as mountain residents and much more frequent trail users,our (lifetime) risk is increased by some small factor. It increases again for a single runner, again for a woman, again for early morning hours (off-peak trail times), etc.The presence of a companion dog would discourage a predator from thinking I was such easy prey. But Simpson cautioned even more strongly against solo outings because of another predator—the two-legged kind. I think a lot of my neighbors, in these remote conditions—especially women—have dogs at home for early warning and discouraging intruders. These dogs need exercise, as do their human companions. What more natural, lovely, safe place to run as a pair, woman and canine, than the trails of their neighboring preserve?! Thank you for considering these ideas and opening discussion of the issues. I would be happy to talk with you further,via e-mail or in person, and to be whatever help I can in promoting communication and understanding. Sincerely, c� Lynn Gale lynn@casbs.stanford.edu Regional Open - ace ---------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Lynn C. Gale Star Route 2 Box 329 La Honda, CA 94020 lynn@casbs.stanford.edu Re: Dog Access at Long Ridge Open Space Preserve Dear Lynn: Thank you for your recent letter requesting the re-opening of dog access at Long Ridge Open Space Preserve. The Board reviewed your letter at its regular meeting last night. To provide some background regarding the District's policy on access for dogs, in September, 1995, after a two-year research and debate process, overall policies were adopted regarding dog access on District lands (see attached report). There was extensive public participation during this process, including people in favor of increased access and many who were opposed. The Board sought a balanced solution consistent with its overall policies for land stewardship and accommodation of public use. The overall objective was to have a more systematic approach to dog access decisions rather than base decisions primarily on site-by-site pressures for or against dog access, which is consistent with the District's overall approach to managing trails district-wide. A key policy was adopted that for ease of enforcement and public use, a preserve should be either entirely open or closed to dogs. Additionally, criteria were adopted for environmental conditions and other factors such as parking and ease of access that are conducive to dog use, and the preserves were ranked based on these criteria. Long Ridge came out lower on the list because of the proximity of trails to riparian habitat, and other factors. Some of the specific concerns that other users have expressed regarding dog access are that some dogs exhibit aggressive behavior which bothers other trail users; many people do not obey leash regulations which contributes to conflict with humans, wildlife, and other dogs; dogs frighten and may molest wildlife, and certainly decrease the ability to observe wildlife on the trail, many people object to dog waste on the trail and find it significantly more objectionable than horse droppings, and some are concerned that dog waste can cause, contamination of local water supplies. Overall, we found that these issues are more emotional/aesthetic than serious environmental impact concerns; however to the public, and to the staff charged with managing use to avoid conflicts, they are nevertheless very real issues. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 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 June 11, 1998 page 2 Suggestions for "core hours" or alternatingdays in which do access would be permitted, Y g and/or for special permits for residents with dogs, have been discussed extensively during the past few years of debate about dog access. We have also researched the experience of many other public agencies with these and other approaches to managing access. Our conclusion is that we do not have the staff resources or the controlled-access conditions to manage such programs. Palo Alto Foothills Park, for example, is open only to Palo Alto residents, has more assigned staff, and has an entry kiosk for control of public access. We sympathize with your position and the position of your neighbors who have contacted us about dog access at Long Ridge. Unfortunately, there are neighbors at virtually every preserve who have equally valid needs and arguments. There is no practical way to make the preserve accessible to neighborhood dogs but not those of the general public, nor would this be fair to our other constituents. Our overall policies, fiscal constraints, and feedback from constituents during formal review of dog access policies dictate that dog access must be accommodated cautiously, and that there must be areas which do not have dog access. In conclusion, while we cannot honor your request to open Long Ridge to dogs, there is always the possibility that this or other areas will be considered for expanded access in the future. We do have a companion dog element of our volunteer trail patrol, which we hope will help us to manage dog use in preserves that are currently open to dogs and make it more feasible to expand access. You may obtain more information about the volunteer patrol from the administrative offices. Your name will be added to our mailing list for dog access issues, so you will continue to receive notice of meetings on this subject. Other interested persons may be added to the list by contacting the administrative offices. Sincerely, Betsy Crowder, President Board of Directors BC/ra cc: MROSD Board of Directors V1-RGSNZ'A AND WSLLS�iM .FCX�TKES Star Route 2 , BoX 329 La Honda, CA 94020 Phone: 650-941-4684 _ y May 19 , 1998 R 'VED Midpeninsula Regional Open Space District MAY ? 0 1998 330 Distel Circle Los Altos, CA 94022-1404 -. ----•-,---- MIDPEINi'NJSsiLA �?ECIONAL Dear Midpeninsula Board, OPEN SPADE DISTRICT Having been a resident on Skyline for 24 years, I have been in the area before the District purchased all the property around our home. I have always had pet dogs as part of our family and have enjoyed walking them in the area. I live adjacent to Long Ridge where dogs were allowed. At the present time, I have a five year old female shepherd , who is quite obedient, and I own a leash. It is difficult for those of us who own dogs to understand how the Board arbitrarily limits access to our pets while allowing horses and bicyclists to use the trails. If there is uncertainty about the compatibility of dogs and horses, I suggest that you discuss the compatibility of bicycles with horses with either of those interests. Furthermore, I have never encountered a horse on one of my walks. The trails are significantly damaged by both bicyclists (who are using the closed trails almost daily) and by horses. Dogs do no damage to the trails. I would ask the Board, 11 Why do you feel it necessary to close the trails to leashed dogs?" It makes no sense. There are good reasons to allow local residents to run their dogs on the District trails. The most important is that this is our neighborhood. If we lived in urban or suburban environs, we could walk our dogs throughout those neighborhoods without discrimination. Walking along Skyline is dangerous and unpleasant, but that is our only option. The world is not a very safe place. There are potential dangers from wild animals and there have been violent crimes committed in the area. A dog affords some protection from both of these dangers. I have no interest in allowing individuals living outside of the area to bring their dogs into the park. However, as a resident here, I resent the fact my right to walk my companion dog in the area has been taken from me. There must be some way to accommodate those of us who are the Park's neighbors. We can be allies not adversaries. Please reconsider you decision about Long Ridge. sincerely yours, RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Rea pond William C. Fowkes D ra Cc Response Attached Staff to he Directed to Prepare Draft Response for Board Co nsid.rarion per Board Dir.ctive(a) No Response Necessary Regional Open ace 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Virginia and William Fowkes Star Route 2 Box 329 La Honda, CA 94020 Re: Dog Access at Long Ridge Open Space Preserve Dear Virginia & William: Thank you for your recent letter requesting the re-opening of dog access at Long Ridge Open Space Preserve. The Board reviewed your letter at its regular meeting last night. To provide some background regarding the District's policy on access for dogs, in September, 1995, after a two-year research and debate process, overall policies were adopted regarding dog access on District lands (see attached report). There was extensive public participation during this process, including people in favor of increased access and many who were opposed. The Board sought a balanced solution consistent with its overall policies for land stewardship and accommodation of public use. The overall objective was to have a more systematic approach to dog access decisions rather than base decisions primarily on site-by-site pressures for or against dog access, which is consistent with the District's overall approach to managing trails district-wide. A key policy was adopted that for ease of enforcement and public use, a preserve should be either entirely open or closed to dogs. Additionally, criteria were adopted for environmental conditions and other factors such as parking and ease of access that are conducive to dog use, and the preserves were ranked based on these criteria. Long Ridge came out lower on the list because of the proximity of trails to riparian habitat, and other factors. Some of the specific concerns that other users have expressed regarding dog access are that some dogs exhibit aggressive behavior which bothers other trail users; many people do not obey leash regulations which contributes to conflict with humans, wildlife, and other dogs; dogs frighten and may molest wildlife, and certainly decrease the ability to observe wildlife on the trail, many people object to dog waste on the trail and find it significantly more objectionable than horse droppings, and some are concerned that dog waste can cause contamination of local water supplies. Overall, we found that these issues are more emotional/aesthetic than serious environmental impact concerns; however to the public, and to the staff charged with managing use to avoid conflicts, they are nevertheless very real issues. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 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.Smemoff,Nonette Nanko,Betsy Crowder,Kenneth C.Nitz • General Manager.L.Craig Britton June 11, 1998 Page 2 Suggestions for "core hours" or alternating days in which dog access would be permitted, and/or for special permits for residents with dogs, have been discussed extensively during the past few years of debate about dog access. We have also researched the experience of many other public agencies with these and other approaches to managing access. Our conclusion is that we do not have the staff resources or the controlled-access conditions to manage such programs. Palo Alto Foothills Park, for example, is open only to Palo Alto residents, has more assigned staff, and has an entry kiosk for control of public access. We sympathize with your position and the position of your neighbors who have contacted us about dog access at Long Ridge. Unfortunately, there are neighbors at virtually every preserve who have equally valid needs and arguments. There is no practical way to make the preserve accessible to neighborhood dogs but not those of the general public, nor would this be fair to our other constituents. Our overall policies, fiscal constraints, and feedback from constituents during formal review of dog access policies dictate that dog access must be accommodated cautiously, and that there must be areas which do not have dog access. In conclusion, while we cannot honor your request to open Long Ridge to dogs, there is always the possibility that this or other areas will be considered for expanded access in the future. We do have a companion dog element of our volunteer trail patrol, which we hope will help us to manage dog use in preserves that are currently open to dogs and make it more feasible to expand access. You may obtain more information about the volunteer patrol from the administrative offices. Your name will be added to our mailing list for dog access issues, so you will continue to receive notice of meetings on this subject. Other interested persons may be added to the list by contacting the administrative offices. Sincerely, Betsy Crowder, President Board of Directors BC/ra cc: MROSD Board of Directors i Stephen Wilcox, 03 : G.. PM 5/21/98 Dog access iz. ..,ong Ridge Open _-__� Sender: wilcox@acuson. com Date : Thu, 21 May 1998 15 : 05 : 41 -0700 From: Stephen Wilcox <wilcox@acuson.com> Organization: Acuson To: mrosd@openspace.org Subject : Dog access in Long Ridge Open Space X-Rcpt-To: mrosd@openspace .org Dear MROSD Board, I am writing regarding dog access on Peter ' s creek loop trail in Long Ridge Open Space Preserve. As a longtime neighbor of Long Ridge open space (nine years) I can understand the difficult job you have in trying to maintain a balance between preservation of and recreational use of semi-wild lands . I would like to thank you for the excellent job you all do. However, on the issue of using some trails for the exercise of dogs, I feel you perhaps lean too far in the direction of protection. Even though I am a dog owner, I strongly feel that some wilderness areas need to be kept "dog free" in order to protect delicate habitats and preserve a wilderness experience . However, I think most MROSD land should not fall in this category. While there are parts of open space land that I do feel are wilderness (or as close as you can get to true wilderness when Millions of people live within a few tens of miles) for the parts of the preserve which could be considered for dog access (i .e . the trails) this is not the case . It is closely surrounded by a population dense with domestic animals . It is divided by numerous roads and private inholdings . The impact from other recreational users is often higher than that of dog users . It becomes hard to see why dogs are not allowed. In summary, I hope you will consider re-opening at least the portion of Peter ' s creek loop which was open to dogs when I moved here, at least to some amount of dog access . Given how crowded the area has become on weekends, I could understand a partial or weekday only restriction. It would be nice if a slightly longer section of the trail than before was open. For example, the short cut-off loop part that parallels Portola Heights road. It sure would make are dog Coco happy. She loves to go for hikes as much as any human does ! Thanks for your consideration, RESPONSE ACTION PROPOSED BY STAFT Board President AcUnovledge/Respond Stephen Wilcox Director Acknowledge/Respond Anne Warner Staff Acknowledge/Respond Coco Warner-Wilcox Draft Response Attached Staff to be Directed to Prepare Draft for oar 5065 Skyline Palo Alto BoardResponse Directiv*(s) Consideration per No Response Necessary Printed for Open Space District <mrosd@openspace.org> Regional Open - ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Stephen Wilcox and Anne Warner wilcox(&acuson.com Re: Dog Access at Long Ridge Open Space Preserve Dear Stephen and Anne: Thank you for your recent e-mail requesting the re-opening of dog access at Long Ridge Open Space Preserve. The Board reviewed your letter at its regular meeting last night. To provide some background regarding the District's policy on access for dogs, in September, 1995, after a two-year research and debate process, overall policies were adopted regarding dog access on District lands. The report including these policies is available upon request at the District office. There was extensive public participation during this process, including people in favor of increased access and many who were opposed. The Board sought a balanced solution consistent with its overall policies for land stewardship and accommodation of public use. The overall objective was to have a more systematic approach to dog access decisions rather than base decisions primarily on site-by-site pressures for or against dog access, which is consistent with the District's overall approach to managing trails district-wide. A key policy was adopted that for ease of enforcement and public use, a preserve should be either entirely open or closed to dogs. Additionally, criteria were adopted for environmental conditions and other factors such as parking and ease of access that are conducive to dog use, and the preserves were ranked based on these criteria. Long Ridge came out lower on the list because of the proximity of trails to riparian habitat, and other factors. Some of the specific concerns that other users have expressed regarding dog access are that some dogs exhibit aggressive behavior which bothers other trail users; many people do not obey leash regulations which contributes to conflict with humans, wildlife, and other dogs; dogs frighten and may molest wildlife, and certainly decrease the ability to observe wildlife on the trail, many people object to dog waste on the trail and find it significantly more objectionable than horse droppings, and some are concerned that dog waste can cause contamination of local water supplies. Overall, we found that these issues are more emotional/aesthetic than serious environmental impact concerns; however to the public, and to the staff charged with managing use to avoid conflicts, they are nevertheless very real issues. 330 Distel Circle 9 Los Altos, CA 94022-1404 - Phone:650-691-1200 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 June 11, 1998 Page 2 Suggestions for "core hours" or alternating days in which dog access would be permitted, and/or for special permits for residents with dogs, have been discussed extensively during the past few years of debate about dog access. We have also researched the experience of many other public agencies with these and other approaches to managing access. Our conclusion is that we do not have the staff resources or the controlled-access conditions to manage such programs. Palo Alto Foothills Park, for example, is open only to Palo Alto residents, has more assigned staff, and has an entry kiosk for control of public access. We sympathize with your position and the position of your neighbors who have contacted us about dog access at Long Ridge. Unfortunately, there are neighbors at virtually every preserve who have equally valid needs and arguments. There is no practical way to make the preserve accessible to neighborhood dogs but not those of the general public, nor would this be fair to our other constituents. Our overall policies, fiscal constraints, and feedback from constituents during formal review of dog access policies dictate that dog access must be accommodated cautiously, and that there must be areas which do not have dog access. In conclusion, while we cannot honor your request to open Long Ridge to dogs, there is always the possibility that this or other areas will be considered for expanded access in the future. We do have a companion dog element of our volunteer trail patrol, which we hope will help us to manage dog use in preserves that are currently open to dogs and make it more feasible to expand access. You may obtain more information about the volunteer patrol from the administrative offices. Your name will be added to our mailing list for dog access issues, so you will continue to receive notice of meetings on this subject. Other interested persons may be added to the list by contacting the administrative offices. Sincerely, Betsy Crowder, President Board of Directors BC/ra cc: MROSD Board of Directors -jdlee@best.com, 11:0 . AM 5/21/98 , Long Ridge Doy Access —� Date: Thu, 21 May 1998 11 : 07 : 06 -0700 (PDT) From: jdlee@best .com To: mrosd@openspace.org Subject : Long Ridge Dog Access X-Rcpt-To: mrosd@openspace .org Please forward this message concerning "Dog Access to Long Ridge Open Space" to the Board of Directors . Thank you, Janet Lee -------------------------------------------------------------------- To the Board of Directors for MROSD, We would like to add our voice to the recent requests that the Board reconsider the current policy of no dog access to Long Ridge Open Space . As a neighbor to Long Ridge we are aware of the impact any policy change might have on this area. But we believe that some solution might be found to satisfy all involved through negotiations . Being a neighbor we find it frustrating that our dogs cannot join us on an occasional walk that takes us onto Long Ridge trails . Sincerely, Richard and Janet Lee RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond - yy— Director Acknowledge/Respond Staff Acknowledge/Respond ',...,. Draft Response Attached Staff to ba Directed to Prepare Draft Response for Board Consideration per Board Directiv (s) '.. No Response Necessary Printed £oi Open Space District <mrosd@openspace.org> 1 J Regional Open ace ------------------------------— MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Richard and Janet Lee jdlee,@best.com Re: Dog Access at Long Ridge Open Space Preserve Dear Richard & Janet: Thank you for your recent e-mail requesting the re-opening of dog access at Long Ridge Open Space Preserve. The Board reviewed your letter at its regular meeting last night. To provide some background regarding the District's policy on access for dogs, in September, 1995, after a two-year research and debate process, overall policies were adopted regarding dog access on District lands. The report including these policies is available upon request at the District office. There was extensive public participation during this process, including people in favor of increased access and many who were opposed. The Board sought a balanced solution consistent with its overall policies for land stewardship and accommodation of public use. The overall objective was to have a more systematic approach to dog access decisions rather than base decisions primarily on site-by-site pressures for or against dog access, which is consistent with the District's overall approach to managing trails district-wide. A key policy was adopted that for ease of enforcement and public use, a preserve should be either entirely open or closed to dogs. Additionally, criteria were adopted for environmental conditions and other factors such as parking and ease of access that are conducive to dog use, and the preserves were ranked based on these criteria. Long Ridge came out lower on the list because of the proximity of trails to riparian habitat, and other factors. Some of the specific concerns that other users have expressed regarding dog access are that some dogs exhibit aggressive behavior which bothers other trail users; many people do not obey leash regulations which contributes to conflict with humans, wildlife, and other dogs; dogs frighten and may molest wildlife, and certainly decrease the ability to observe wildlife on the trail, many people object to dog waste on the trail and find it significantly more objectionable than horse droppings, and some are concerned that dog waste can cause contamination of local water supplies. Overall, we found that these issues are more emotional/aesthetic than serious environmental impact concerns; however to the public, and to the staff charged with managing use to avoid conflicts, they are nevertheless very real issues. 330 Distel Circle e Los Altos,CA 94022-1404 * Phone:650-691-1200 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 June 11 1998 page 2 Suggestions for "core hours" or alternating days in which dog access would be permitted, and/or for special permits for residents with dogs, have been discussed extensively during the past few years of debate about dog access. We have also researched the experience of many other public agencies with these and other approaches to managing access. Our conclusion is that we do not have the staff resources or the controlled-access conditions to manage such programs. Palo Alto Foothills Park, for example, is open only to Palo Alto residents, has more assigned staff, and has an entry kiosk for control of public access. We sympathize with your position and the position of your neighbors who have contacted us about dog access at Long Ridge. Unfortunately, there are neighbors at virtually every preserve who have equally valid needs and arguments. There is no practical way to make the preserve accessible to neighborhood dogs but not those of the general public, nor would this be fair to our other constituents. Our overall policies, fiscal constraints, and feedback from constituents during formal review of dog access policies dictate that dog access must be accommodated cautiously, and that there must be areas which do not have dog access. In conclusion, while we cannot honor your request to open Long Ridge to dogs, there is always the possibility that this or other areas will be considered for expanded access in the future. We do have a companion dog element of our volunteer trail patrol, which we hope will help us to manage dog use in preserves that are currently open to dogs and make it more feasible to expand access. You may obtain more information about the volunteer patrol from the administrative offices. Your name will be added to our mailing list for dog access issues, so you will continue to receive notice of meetings on this subject. Other interested persons may be added to the list by contacting the administrative offices. Sincerely, Betsy Crowder, President Board of Directors BC/ra cc: MROSD Board of Directors i I Skyline Productions �p 415-948-3578 RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to Be Directed to Prepare Draft Rea p.m se for Board Consideration per Board Directive(s) No Response Necessary Box 329 C Star Route 2 La Honda,CA 94020 May 22,1998 Midpeninsula Regional Open Space District Dear Board Members, It is my sincere hope that you will reopen Long Ridge Preserve to people accompanied by leashed canines. For many of the twenty plus years I have lived near Devil's Canyon, I walked or jogged on Long Ridge with my pets. This benefited me in terms of exercise and a greater sense of security while enjoying my neighborhood. I prefer solitary strolls, yet now I rarely venture forth along the trails because of personal safety concerns. I find it difficult to enjoy the sights and sounds of nature when I feel the need to be vigilant for trouble. Years ago I surprised a "visitor" who was using one of the trails as his personal cross bow range. Needless to say I was fearful for myself and my small children who were with me. Urban crime has reached the Preserves,and it is not unreasonable to want an "early warning system" (dog)at hand. Jogging on Skyline has never been safe for people,and it is even less safe for a person with a leashed dog. The side of the road is uneven and is cluttered with broken glass and goat heads(causes instant lameness when embedded in a dog's paw). Cars pass at freeway speeds,with some drivers not willing to put more than three feet between the car and the pedestrian/canine. The dirt road off which I live is too steep for me to comfortably jog, and I anticipate it will get"steeper"as I age. Municipalities have a reputation for enacting laws restricting the lives/activities of their inhabitants. I don't know if any of our nearby cities require residents to drive their pets several miles away in order to safely exercise them, but I would be surprised if they do. It seems illogical that we Skyline residents must do just that. Residents with leashed canines could function as additional volunteer patrol people. I believe that the Rangers who so competently patrol the Preserves would welcome the additional "eyes and ears" that these residents could provide. This is my neighborhood,a special place I want to enjoy and feel comfortable exploring. Reopening Long Ridge Preserve to leashed canines would help me achieve this goal. Sincerely, Victoria A. De Martini vdemarti niC&susd.kl2.ca.us I Regional Open ace A., MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Victoria De Martini Star Route 2 Box 329C La Honda, CA 94020 vdemartini(&susd.kl2.ca.us Re: Dog Access at Long Ridge Open Space Preserve Dear Victoria: Thank you for your recent letter requesting the re-opening of dog access at Long Ridge Open Space Preserve. The Board reviewed your letter at its regular meeting last night. To provide some background regarding the District's policy on access for dogs, in September, 1995, after a two-year research and debate process, overall policies were adopted regarding dog access on District lands (see attached report). There was extensive public participation during this process, including people in favor of increased access and many who were opposed. The Board sought a balanced solution consistent with its overall policies for land stewardship and accommodation of public use. The overall objective was to have a more systematic approach to dog access decisions rather than base decisions primarily on site-by-site pressures for or against dog access, which is consistent with the District's overall approach to managing trails district-wide. A key policy was adopted that for ease of enforcement and public use, a preserve should be either entirely open or closed to dogs. Additionally, criteria were adopted for environmental conditions and other factors such as parking and ease of access that are conducive to dog use, and the preserves were ranked based on these criteria. Long Ridge came out lower on the list because of the proximity of trails to riparian habitat, and other factors. Some of the specific concerns that other users have expressed regarding dog access are that some dogs exhibit aggressive behavior which bothers other trail users; many people do not obey leash regulations which contributes to conflict with humans, wildlife, and other dogs; dogs frighten and may molest wildlife, and certainly decrease the ability to observe wildlife on the trail, many people object to dog waste on the trail and find it significantly more objectionable than horse droppings, and some are concerned that dog waste can cause contamination of local water supplies. Overall, we found that these issues are more emotional/aesthetic than serious environmental impact concerns; however to the public, and to the staff charged with managing use to avoid conflicts, they are nevertheless very real issues. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 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 June 11, 1998 page 2 Suggestions for "core hours" or alternating days in which dog access would be permitted, and/or for special permits for residents with dogs, have been discussed extensively during the past few years of debate about dog access. We have also researched the experience of many other public agencies with these and other approaches to managing access. Our conclusion is P g PP g g that we do not have the staff resources or the controlled-access conditions to manage such programs. Palo Alto Foothills Park, for example, is open only to Palo Alto residents, has more assigned staff, and has an entry kiosk for control of public access. We sympathize with your position and the position of your neighbors who have contacted us about dog access at Long Ridge. Unfortunately, there are neighbors at virtually every preserve who have equally valid needs and arguments. There is no practical way to make the preserve accessible to neighborhood dogs but not those of the general public, nor would this be fair to our other constituents. Our overall policies, fiscal constraints, and feedback from constituents during formal review of dog access policies dictate that dog access must be accommodated cautiously, and that there must be areas which do not have dog access. In conclusion, while we cannot honor your request to open Long Ridge to dogs, there is always the possibility that this or other areas will be considered for expanded access in the future. We do have a companion dog element of our volunteer trail patrol, which we hope will help us to manage dog use in preserves that are currently open to dogs and make it more feasible to expand access. You may obtain more information about the volunteer patrol from the administrative offices. Your name will be added to our mailing list for dog access issues, so you will continue to receive notice of meetings on this subject. Other interested persons may be added to the list by contacting the administrative offices. Sincerely, Betsy Crowder, President Board of Directors BC/ra cc: MROSD Board of Directors Reglonc-11 ,. -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-72 Meeting 98-13 June 10, 1998 AGENDA ITEM 1 AGENDA ITEM Authorization to Amend Agreement With City of Moun View for twenty-four Hour Radio Dispatch Services. GENERAL MANAGER'S RECOMMENDATI Authorize the General Manager to execute amendment number 1 to the existing agreement with City of Mountain View to provide twenty-four hour radio dispatch services. DISCUSSION At your August 26, 1992,meeting, you authorized the General Manager to enter into an agreement with the City of Mountain View to provide the District with twenty-four hour radio dispatch services (see report R-92-93). Staff has been very satisfied with Mountain View's service and feels it would be in the District's best interest to extend the agreement for an additional five years. Reliable radio dispatch services are critically important to our employee and public safety needs. The City of Mountain View has proven they can provide these necessary services. Extending the agreement an additional five years maximizes the District's recovery of initial expenditures made when the agreement first took effect in 1992. This includes $6,000 for radio equipment installed in the Mountain View Communications Center, $3,000 for data entry into the Computer Assisted Dispatching system (CAD), and $2,000 for initial field training for dispatchers. The District will pay $15,654 for dispatching services in this final year of the current five year agreement. This amount is based upon 1.10% of total salary, wage, and benefit costs for the Mountain View Communications Division. This 1.10% formula was negotiated when the District first entered into the agreement in 1992. It was an estimate of Mountain View Communications Center activity that would be generated by the District. In addition to dispatching fees, the District also paid an average of$400 a year for training dispatchers and maintaining the CAD system. The amendment combines all training and CAD costs as part of the monthly dispatching fee. The proposed amendment will increase the compensation formula from 1,10% to 1.35%. The estimated cost in fiscal year 1998-1999 with the 1.35% formula will be $20,172. Staff feels this increase is reasonable considering the growth in our field staff which increases radio - - _......_... ratYears of ..on 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:650-691-1200 Celebrate 25 Years of Open Space Preservation 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 I R-98-72 Page 2 traffic, and training and CAD updates which are now included as part of the monthly dispatching fees. The amendment will also limit annual increase to a maximum of 5% of the previous year's fee. The fees charged in the initial agreement were based on estimates by Mountain View's staff without any prior experience of providing dispatching services for the District. The work load impact on Mountain View Communications has been more significant than originally projected. Although the new formula represents a 29% annual increase in fees, this is partly justified by the District's 20% increase in field staff since the initial agreement was negotiated. The proposed increase will bring the average cost of radio dispatching to $2.30 per hour over a year period. Mountain View Communications has also provided valuable trouble shooting and other related administrative and technical assistance on issues such as locating radio interference problems and providing recorded tapes which were not accounted for in the original estimates. The approved fiscal year 1998-1999 budget included the necessary funds for this anticipated increase in dispatching services. Prepared by: David Topley, Support Services Supervisor Contact Person: Same AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF MOUNTAIN VIEW AND MIDPENSINSULA REGIONAL OPEN SPACE DISTRICT FOR THE PROVISION OF EMERGENCY AND NONEMERGENCY COMMUNICATION SERVICES THIS AMENDMENT NO. 1 to the Agreement is dated for identification this 1st day of July, 1998, and is made by and between the CITY OF MOUNTAIN VIEW, a California Charter City and municipal corporation, whose address is P.O. Box 7540, Mountain View, California, 94039, hereinafter called "CITY," and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, whose address is 330 Distel Circle, Los Altos, California, 94022-1404, hereinafter called "DISTRICT." RECITALS A. On December 8, 1992, CITY and DISTRICT entered into an Agreement for communications services. B. CITY and DISTRICT desire to amend said Agreement dated December 8, 1992, and all amendments thereto, to reflect said modifications. NOW, THEREFORE, in consideration of the recitals and mutual promises of the parties contained herein, CITY and DISTRICT agree to the below-referenced amendments to said Agreement dated December 8, 1992, and all amendments thereto, as follows: Section B. Operational Responsibilities shall be amended to read as follows: "The Emergency Communications Center of CITY shall be under the direction of the City of Mountain View Fire Chief. All matters concerning Communications procedures, operations, complaints, requests for changes and similar operational matters shall be approved by the DISTRICT Operations Manager and submitted to the City of Mountain View Emergency Communications Manager." Section C. Compensation for Services shall be amended to read as follows: "The annual fee for dispatching services shall be determined by July 1 of each fiscal year and billed on a quarterly basis by the Fire Department. For all aforementioned services rendered in the preceding quarter, DISTRICT shall pay CITY on or before December 31, March 31, June 30 and September 30 of-each year a sum derived by the following formula, which combines activity and training costs: 1. The total salary, wage and benefit costs to the Communications Division will be multiplied by a 1.35 activity factor to determine annual activity costs. DISTRICT activity is estimated to be 1.35 percent of total Emergency Communications Center activity. 2. The overall increase in the annual fee for dispatching services shall not exceed 5 percent (5%) of the previous year's fee. In no case shall the annual compensation paid by DISTRICT be less than the amount of compensation for the 1998-99 fiscal year." Section E. Startup Costs shall be deleted in its entirety as this section is no longer relevant. Section J. Terms of Agreement shall be amended to read as follows: "CITY shall furnish through the Communications Division the agreed upon services as above set forth for a period of sixty (60) months commencing July 1, 1998 and expiring June 30, 2003." In all other respects, the Agreement shall be unmodified. IN WITNESS WHEREOF, this Amendment No. 1 to the Agreement between the City of Mountain View and Midpeninsula Regional Open Space District for communications services, and dated July 1, 1998, is executed by CITY and DISTRICT. APPR VED AS TO CONT "CITY": CITY OF MOUNTAIN VIEW, a California Charter City and municipal Fire corporation C f FINANCIAL APPROVAL: By. City Manager "DISTRICT": Finance and Administrative MIDPENINSULA OPEN SPACE Services Director DISTRICT � APPROVED AS TO FORM: By: L. Craig Britton Title: General Manager City Attorney By: Susan M. Schectman Title: Legal Counsel JI/5/FIR/174-05-15-98F199 Taxpayer I. D. Number -2- Regional. -f -ice MIDPENINSULA REGIONAL©PEN SPACE DISTRICT R-98-75 Meeting 98-13 June 10, 1998 AGENDA ITEM 2 AGENDA ITEM Draft Ballot Measure Language for Potential November 3, 1998 Advisory Election on District Annexation of the San Mateo County Coastal Area AD HOC COMMITTEE'S RECOMMENDATION Review and discuss the proposed draft ballot language developed for use in a potential November 3, 1998 advisory measure on District annexation of the San Mateo County coastal area. BACKGROUND At your meeting of May 20, 1998 you directed staff to proceed with preparation of draft language for a potential advisory ballot measure for the November 3, 1998 ballot. At your regular meeting scheduled for June 24, 1998, the Board will be asked to consider whether to call this advisory election on District annexation of the San Mateo County coast and, if the election is called, to adopt final ballot wording. The intent of the ballot measure would be to determine if the coastside voters wish the area bordered by Devil's Slide in the north, the Santa Cruz County line in the south, and the existing District boundary on the west to be annexed into the jurisdiction of the District. The draft ballot language is as follows: "In order to preserve open space on the San Mateo County coast, shall the Midpeninsula Regional Open Space District expand its boundaries west of Skyline Boulevard to the San Mateo County coast, from the southern boundary of Pacifica to the Santa Cruz County line?" The Ad Hoc Committee has reviewed this wording and recommends that the full Board review, discuss, and give tentative approval to this ballot language. Final approval of the language would be brought to the full Board at your meeting of June 24. Prepared by: Ad Hoc Committee - Directors Davey, Hanko, and Crowder Contact person: L. Craig Britton, General Manager '330 C)iStcl Circle Los Altos,CA 9402 2-1 404 Phone: 650 691 1100 FAX: 650-691-0485 - E-mail: niroscl@operispace.org - Web Site:www.opensl)ace.org Board or Oirecton,:fete Sic rnens,Mary C. Davey,Jed Cyr, David T.Smernrtf, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz . General Manager.t.Craig Britton Regional Open ;., .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-71 Meeting 98-13 June 10, 1998 AGENDA ITEM 3 _ AGENDA ITEM Proposed Addition of Faucher Property to Cathedral Oaks Ar o Terra Azul Open Space Preserve GENERAL MANAGER'S RE MMENDATI 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 Faucher property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the Faucher property as an addition to the 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) The 83.52-acre property being considered for acquisition is located approximately three miles east of Lexington Reservoir, one mile west of Mt. Umunhum, and one-eighth mile southwest of Mt. Thayer. The property is bounded by District land to the east and south, San Jose Water Company land to the west, and by private property to the north. The property is accessible by foot from a heavily-rutted and overgrown road-cut that extends northeast from Wrights Station Road through private property. The property is situated in the uppermost headwaters of the Hooker Gulch, which drains westward into Lexington Reservoir. The topography is comprised of steep northwest- and southwest-facing slopes that drain into Hooker Gulch. Elevation ranges from 3,240 feet in the northwest corner of the property to 2,480 feet in the canyon bottom. The property is vegetated with typical chaparral species including chamise, manzanita, buckbrush and coyote brush. These species give way to California bay, scrub oak, madrone, and big leaf maple in the canyon bottom. From the southwest corner of the property, an unnamed tributary to Hooker Gulch flows through a narrow canyon dominated by riparian vegetation and small stands of redwood and Douglas fir. The diverse vegetation, perennial streams, and inaccessible hillsides provide excellent habitat for deer and mountain lion. 330 Distel Circle - Los Altos CA 94022-1404 - Phone:650-691-1200 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-98-71 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20- to 160-acre minimum lot size dependent on the average steepness of slope. The property also falls within the County-designated Los Gatos Watershed Area, an area with special use policies prohibiting development on slopes greater than thirty percent (30%) and on lots of 10 acres or less. Acquisition of the property for open space purposes compliments Santa Clara County's General Plan of the area. Together with adjacent District land to the west, the property encompasses the headwaters of Hooker Gulch, a major tributary to Los Gatos Creek and Lexington Reservoir. The property lies just south of the Bay Area Ridge Trail Corridor and is within the viewshed of the proposed trail alignment near Mt. Thayer. While the parcel is rated in the District's Open Space Master Plan as having low to moderate composite open space value, it is considered high in terms of native vegetation, watershed value, and scenic backdrop. Prelimina[y Use and Management Plan Recommendations Public Access: Designated Conservation Management Unit; public use will not be encouraged until public use limitations can be sufficiently overcome. Trail Designation: Do not designate trails or roads for trail use. Dedication: Indicate your intention to withhold the property as public open space at this time. Name: Name the property as an addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve. Signs: Install Private Property and Preserve Boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEQA COMPLIANCE Project Description The project consists of the acquisition of an 83.52-acre parcel of land as an addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the adjacent preserve. The land will be permanently preserved as open space, open to the public, and maintained in a natural condition. R-98-71 Page 3 CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(the California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061 as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the land will not be developed and will remain 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 in the property and maintain the open space character of the area. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer ownership of the property to the District and ensure it will be preserved as public 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 & CONDITIONS The purchase price of this 83.52-acre single Rural Residential site is $100,000.00 or approximately $1,200.00 per acre. The purchase price is payable in cash at the close of escrow, and is considered fair and reasonable based upon real estate market activity in this area. BUDGET CONSIDERATIONS 1997/1998 Budget for Land Acquisition New Land $10,478,000 Faucher Acquisition proposed on this agenda �100,000) Acquisition Budget Remaining $10,378,000 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 of Sierra Azul Open Space Preserve for protection of watershed, wildlife habitat and scenic backdrop. R-98-71 Page 4 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: Matthew Freeman, Open Space Planner Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative Sierr*zul Open Space f 2serve Midpeninsula Regional Open Space District 2800 J 3.0 N KENNEDY L M'EKIiN AREA Wboo Srr El Sombroso 2400 2b00 II II l it �VJ " MT. UMUN'HUMtiAREA ,\\`/da,5prings Road ,1 Kit.Thayer Q 3,483' o PROPOSED Mt._u hum, ACQUISITION ---- , CAws1' (FAUCHER 83.52 AC.) CLOSED - AREA II kill ItfIII I , I CAT 13 L`OAKS�AR'EA .. 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile EXHIBIT A: LOCATION MAP Faucher5/18/98 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 FAUCHER) 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 Richard Faucher 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 is further 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 $2,000.00 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$125,000.00 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably 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 the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. t PURCHASE AGREEMENT This Agreement is made and entered into by and between Fred Faucher and Constance Faucher, husband and wife, hereinafter called Seller and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District." RECITALS S WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS, District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, District desires to purchase said property for open space preservation and as part of the ecological, recreational, and aesthetic resources of the midpeninsula area; and WHEREAS, Seller wishes to sell and convey the entirety of said property to District, and District wishes to purchase said property upon the terms and conditions set forth herein. AGREFI.�T NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: j 1. Purchase and Sale. Seller agrees to sell to District and District agrees to purchase from Seller, Seller's real property located within an unincorporated area of the County of Santa Clara, State of California, containing approximately Eighty-Three and Fifty- Two Hundredths (83.52) acres, more or less, and commonly referred to as Santa Clara County Assessor's Parcel Number 562-09-008. Said property being further described in the Legal Description attached to Preliminary Title Report number 190989 from Valley Title Company dated May 17, 1983, a copy of said preliminary title report attached hereto as Exhibit "A", and incorporated herein by this reference. Said property to be conveyed together with any easements, rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands, and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property". 2. Purchase Price. The total purchase price ("Purchase Price") for the Property shall be One Hundred Thousand and No/100 Dollars ($100,000.00), which shall be paid in cash at the "Closing" as defined in Section 3 hereof. 3. Escrow. Promptly upon execution of this Agreement, in accordance with Section 11 herein, an escrow shall be opened at North American Title Company, 335 N. Santa Cruz Avenue, Los Gatos, CA 95030 (Escrow number 98170524) or other title company acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties, but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before July 10, 1998; provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall, during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed, covering the Property as described in said Exhibit "A". (d) District shall deposit into the escrow, on or before the Closing: (i) The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing; (ii) District's check payable to Escrow Holder in the amount of Ninety-Nine Thousand and No/100 Dollars ($99,000.00) which is the balance, of the Purchase Price of One Hundred Thousand and No/100 Dollars ($100,000.00) as specified in Section 2, after deducting the $1,000.00 paid into escrow in accordance with Section 11 of this Agreement. (e) Seller shall pay the escrow fees, the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees. All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Page 2 l s Property shall be pro-rated through escrow between District and Seller as of the Closing based upon the latest available tax information using the custom escrow r po g customary procedures. (f) Seller shall cause North American Title Company, or other title company acceptable to District and Seller, to be prepared and committed p y p p p fled to deliver to Distract, CLTA Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of$100,000.00 for the Property showing title to the Property vested in fee simple in District, subject only to: (i) current real property taxes, (ii) title exception 3 as shown in the attached Title Report (Exhibit A), and (iii) such additional title exceptions as may be approved in writing by District prior to the Closing as determined by District in its sole and absolute discretion. (g) Escrow Holder shall, when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of title insurance required herein, and to Seller Escrow Holder's check for the Purchase Price of the Subject Property (less Seller's portion of the expenses described in Section 3(e), and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4. Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow), and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or . written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs, liability, loss, damage or expense, including costs for legal services, occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seq. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed(s). Page 3 6. Seller's R=resentations and Warranties. For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District. (a) Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. (b) Valid and Binding Agreements. This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal, valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate resolutions of Seller. (c) Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof, and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations. 7. Integrity of Prap.aly. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller's execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities, cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 8. Hazardous Waste. (a) Definitions. The term "Hazardous Waste," as used herein, means any substance, material or other thing regulated by or pursuant to any federal, state or local environmental law by reason of its potential for harm to human health or the environment because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term "Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene, asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. The term "Environmental Law" as used herein includes, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. Page 4 Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) (b) Representations and Warranties. For the purpose of consummating the sale and purchase of the Property, Seller makes the following representations and warranties to District, which shall survive close of escrow, each of which is material and is being relied upon by District: (i) The Property does not contain any Hazardous Waste or underground storage tanks; , (ii) Seller and the Property are in compliance with all applicable federal, state and local laws, statutes, ordinances, orders, guidelines, rules and regulations pertaining to Hazardous Waste or underground storage tanks; (iii) At the time Seller acquired the Property, Seller did not know and had no reason to know that any Hazardous Waste was present, used, manufactured, handled, generated, stored, treated, discharged, buried or disposed of on, under or about the Property, or had been transported to or from the Property; (iv) Seller has not undertaken, permitted, authorized or suffered, and will not undertake, permit, authorize or suffer the presence, use, manufacture, handling, generation, storage, treatment, discharge, release, burial or disposal on, under or about the Property of any Hazardous Waste, or the transportation to or from the Property, of any Hazardous Waste; (v) There is no pending or, to Sellers best knowledge, threatened I litigation or proceedings before any administrative agency in which any person or entity alleges the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vi) Seller has not received any notice and has no knowledge or reason to know that any governmental authority or any employee or agent thereof has determined, or threatens to determine, that there is a presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste; (vii) There have been no communications or agreements with any governmental authority or agency (federal, state or local) or any private entity, Page 5 including, but not limited to, any prior owners of the Property, relating in any way to the presence, release, threat of release, placement on, under or about the Property, or the use, manufacture, handling, generation, storage, treatment, discharge, burial or disposal on, under or about the Property, or the transportation to or from the Property, of any Hazardous Waste. (c) Indemnity. Seller shall indemnify, defend and hold harmless District from and against any legal or administrative proceedings brought against District, and all claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without limitation, attorney, engineering and other professional or expert fees, directly or indirectly arising from any breach of the warranties or representations contained herein, or arising from related to or connected with the existence of any hazardous substances of any kind on or in the property, except when any hazardous substance contamination was caused solely by District. Seller shall be solely and completely responsible for responding to and complying with any administrative notice, order, request, or demand, or any third party claim or demand relating to potential or actual hazardous substance contamination on or in the Property, including any and all costs of remediation and cleanup, except when such contamination was caused solely by District. In addition to any remedies provided in this subsection, in the event Hazardous Waste is found to exist on the property, District may exercise its right to bring an action against Seller to recover any cleanup, repair or remediation costs from Seller and/or any other person or persons determined to have responsibility for the presence of Hazardous Waste on the Property. 9. Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property described in Exhibit "A", as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646 the Uniform Relocation Act Amendments of 1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes, 246-256), and California Government Code Section 7267, and following. Seller hereby waives any and all existing and/or future rights seller may have to the fair market value of said Pro appraisals, etc. as provided for b said Federal PertY� PF P Y Law and any corresponding California Government Code Sections. 10. Miscellaneous Provisions. (a) Choice of Law. The internal laws of the State of California, regardless of any choice of law principles, shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. (b) Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of prevailing in such action an default or alleged default of the other hereunder, the Y g PAY P�YP g or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the Court, whether or not such action or Page 6 proceeding goes to final judgment. In the event of a settlement or final judgment in which 40 neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees. (c) Amendment and Waiver. The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the performance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. (d) Rights Cumulative. Each and all of the various rights, powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights, powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. (e) Notices. Whenever any party hereto desires or is required to give any notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such communication shall be in writing and shall be deemed to have been validly served, given or delivered at the time stated below if deposited in the United States mail, registered or certified and return receipt requested, with proper postage prepaid, or if delivered by Federal Express or other private messenger, courier or other delivery service or sent by facsimile transmission by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as indicated as follows: Seller: Fred and Constance Faucher 3175 Crystal Heights Drive Soquel, CA 95073 (408) 476-6786 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager (650) 691-1200 FAX: (650) 691-0485 If sent by telegraph, facsimile copy or cable, a confirmed copy of such telegraphic, facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the Page 7 addressee. Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as indicated by the addressee's registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. (f) Severabili . If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions. (g) Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed as an original, and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument. (h) Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement. (i) Entire Agreemen . This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof, and it supersedes any and all prior correspondence, conversations, negotiations, agreements or understandings relating to the same subject matter., Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. (k) Survival of Covenants. All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns. Page 8 (1) Assignment. Except as expressly permitted herein, neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party. (m) Further Documents and Acts. Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. (n) Binding on Successors and Assigns. This Agreement and all of its terms, conditions and covenants are intended to be fully effective and binding, to the extent permitted pe by law, on the successors and permitted assigns of the parties hereto. g (o) Broker's Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs, liabilities, losses, damages, claims, causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. (p) Captious. Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. (q) Pronoun References. In this Agreement, if it be appropriate, the use of the singular shall include the plural, and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate. (r) Arbitration of Disputes. If any dispute arises between District and Seller relating to this Agreement and the purchase and sale of the Property, the District and Seller agree that the dispute shall be resolved by binding arbitration determined by three arbitrators appointed as set out below: (i) Within 10 days after a notice by either party to the other requesting arbitration and stating the basis of the party's claim, each party shall appoint one arbitrator, notifying the other party of the appointment when made; (ii) The two arbitrators shall immediately choose a third arbitrator to act with them. If a party fails to select an arbitrator within the time allowed or if the two arbitrators fail to select a third arbitrator within 10 days after their appointment, the additional arbitrator shall be Page 9 promptly selected by random lot in a manner agreed among the arbitrators already appointed from a pool of up to six names, with each party entitled to submit no more than three names. (iii) The arbitration shall be conducted under Code of Civil Procedure §§1280-1294.2. Hearings shall be held in Santa Clara County, California. (iv) A decision of the majority of Arbitrators shall be binding on both parties. The prevailing party in arbitration shall be entitled to an award of its costs of arbitration. However, each party shall pay for their own attorney's fees. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBI TRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. SELLER INITIAL BUYER INITIAL JAM--Cl.� 11. Acceptance. Provided that this Agreement is executed by Seller and delivered to District on or before May 14 199$ District shall have until midnight Y g June 10, 1998 to accept and execute this Agreement, and during said period this instrument shall constitute an irrevocable offer b Seller to sell and cone the Pro to District for Y Y Property the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand Dollars and No/100 Dollars ($1,000.00), which shall be applied to the Purchase Price as set forth in Section 2 hereof. Page 10 Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof. DISTRICT: SELLER: L/ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Fred Faucher APPROVED AS TO FORM: Date: GY A4L-4- _" 4 n Susan M. Schectman, Legal Counsel By: _74- Constance Faucher ACCEPTED FOR RECOMMENDATION Date: Y 9 C Michael C Williams, Real Property Representative FOR APPROVAL: L. Craig B on, General Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date: Page 11 A, VALLEY TITLE COMPANY , PRELIMINARY REPORT XY-300 South First Street—San Jose, 292-7150 —605 Castro Street—Mountain View, 968-4427 —2364 Alum Rock Avenue —San Jose, 251-8500 — 10625 De Anza Boulevard —Cupertino, 253-7630 — 14526 Camden Avenue—San Jose,377-7911 — 1930 South Bascom Avenue —Campbell,371-7891 Application No. 190989 (PD) In response to the above referenced application for a policy of title insurance, VALLEY TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a California Land Title Association Standard Coverage form Policy of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules,Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of.title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,a Binder or Cornmitment should be requested. Dated as of May 17 , 19 83 at 7:30 A.M. �` �. In the event of cancellation, a minimum charge of VALLEY TITLE OOMPANY $100.00 will be.. It the escrow has not dosed within 90 days from the date hereof,caneellotion wig be affected unless other provisions are made. fI I VICE PRESIDENT The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee Title to said estate or interest of the date hereof is vested in: FRED FAUCHER and CONSTANCE FAUCHER At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: EXHIBIT zije of 3 (Continued on next page) VTC 216 AP/db Pape 1 190989 Page 2 1 . Taxes for the fiscal year 1983-1984 a lien, but not yet due or payable . 2 . The lien for property taxes for the fiscal year 1982-1983 securing: a. Additional amounts that may hereafter be assessed within the guidelines defined in Chapters 49 and 242 of the State of California Statutes of 1979 . 3 . Land Conservation Contract between the County of Santa Clara Stat e of California an d Fred 8 Constance Faucher, recorded February 26, 1973 in Book 02.49 of Official Records, page 7349 and reference is hereby made to the record thereof for further ar is p t ulars. 4 . Certificate No. 35-69-4991 Account n No. 458-40 7 2 85 of the U.S. Treasury Department Internal Revenue Service, dated December 30, 1969 , recorded January 2 , 1970 in Book 8788 of Official Records, page 679 , disclosing that F.E. Faucher is liable to' The United States of America in the amount of $1238 .74 , plus interest which may accrue until paid. �!✓F_ DONar FCNOc.J ThiS /'Ek'SdN. iI/V Eggd/?. .SJnlqDE t✓W- l 7 E r 15 Y J x•^f t" T/r NOTE 1: The records do not disclose any legal access to the �/S �� �G�oh Pro herein. property her ' • NOTE 2 : Taxes for the fiscal ear- 198 - 2 1983 Y have been paid. Receipt No . 562-9-8 . Code 80-008 . First Installment $15 .56. Second Installment $1S .56 . (Full Cash Value: Land $1,518 .00) NOTE 3 : THE FOLLOWING IS FURNISHED FOR INFORMATION ONLY: The only conveyances affecting said land recorded within five years prior to the date of this report are as follows : NONE DESCRIPTION All that certain parcel of land situate in the County of Santa Clara, State of California, described as follows: 4 Lots 11 and 14 of Section 12, Township 9 South, Range 1 West, Mount Diablo Base Meridian. EXHIBIT A- i page Z 0.�.... '6 AS A F f �,,,, ,A r"IS PLAT IS I1 1Hi) w11ILF THE i � O pg IIIFORIAATIO!)i IS CONfpIL. A 1:;FORMATION I �y QRRFT. NO WHICH INT BEI+IE'7n ' BiYCTHISCCONQA))f! 3. is OsSSLUPmy"S O! SAID I17�QA• OOP.l 771�I AS is inr NATION. (V� —F—�--- 10 - --- a �1 J�•,b10 y I 1 t t, hli CIO ^s 9� I t% - - • {{ L ! iS U I o _ ( 1 ' 04 K o I q n 1 I N ' � 1 It. i aDl r f I � � N ~ o I e I F a • n - Y 4y 1 • s It I I 3 •�t I rx sit Z o � 4-3 N -Oka I ; �- '+f�►�--�+, _ r row��� MI ` a $ --•.�� rEXHIBIT 1 -• I w= I '� r. '+•�\t�:,r, a.� t tOi i s � >.�+�� Rq,gional Open -, , ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-74 Meeting 98-13 June 10, 1998 REVISED Pagel AGENDA ITEM 4 AGENDA ITEM Calling of District Elections in Wards 1, 2, 5,and 6, and Requests for Election Consolidation Services from Santa Clara, San Mateo and Santa Cruz Counties. GENERAL MANAGER'S RECOMMENDATION 1. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Election Consolidation Services— Santa Clara County,Wards 1, 2, 5 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Election Consolidation Services— San Mateo County,Wards 5 and 6 3. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Election Consolidation Services—Santa Cruz County,Ward 2 4. Reconfirm Section 2.12 of your rule of Procedure regarding a maximum of 200 words per candidate statement and payment of candidates' statements in those wards where two or more candidates have qualified to appear on the ballot 5. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Not Listing Any Unopposed Candidate for Election on the November 3, 1998 Ballots of Santa Clara, San Mateo and Santa Cruz Counties. DISCUSSION Voters in four of the District's seven wards are scheduled to elect Directors this November. The wards and their current Directors are: Ward General Description Incumbent I Los Gatos, Saratoga, Monte Screno,portions of Cupertino and P. Siemens unincorporated areas of Santa Clara County 2 Los Altos, Los Altos Hills and portions of Cupertino, Sunnyvale, M. Davey Stanford and unincorporated areas of Santa Cruz County 5 Palo Alto and portions of Stanford and East Palo Alto N. Hanko 6 Menlo Park, Atherton, Portola Valley,Woodside,portions of East B. Crowder Palo Alto and unincorporated areas of San Mateo County 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:650-691-1200 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 1.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nit7 - General Manager:L.Craig Britton Regional Open �, .ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-74 Meeting 98-13 June 10, 1998 AGENDA ITEM 4 AGENDA ITEM Calling of District Elections in Wards 1, 2, 5, and 6, and R ests for Election Consolidation Services from Santa Clara, San Mateo and Santa Cruz Counties. GENERAL MANAGER'S RECOMMENDATION 1. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Election Consolidation Services— Santa Clara County,Wards 1, 2, 5 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Election Consolidation Services— San Mateo County,Wards 5 and 3. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling Election and Requesting Election Consolidation Services— Santa Cruz County,Ward 2 4. Reconfirm Section 2.12 of your rule of Procedure regarding a maximum of 200 words per candidate statement and payment of candidates' statements in those wards where two or more candidates have qualified to appear on the ballot 5. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Not Listing Any Unopposed Candidate for Election on the November 3, 1998 Ballots of Santa Clara, San Mateo and Santa Cruz Counties. DISCUSSION Voters in four of the District's seven wards arc scheduled to elect Directors this November. The wards and their current Directors are: Ward General Description Incumbent 1 Los Gatos and Saratoga P. Siemens 2 Cupertino and Los Altos Hills M. Davey 5 Palo Alto and portions of the foothills east N. Hanko of Alpine Road and portions of East Palo Alto 6 Menlo Park, Palo Alto,Atherton, Portola B. Crowder Valley and Woodside 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:fete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton R-98-74 Page 2 The attached Exhibit A map shows the current ward boundaries. Calling Election—Requesting Consolidation Services. In preparation for the November 3 general election, it is necessary for you to call an election in the District and request election consolidation services from Santa Clara, Santa Cruz and San Mateo Counties. The nomination period for the election will open on Monday, July 13 and close on Friday, August 7. If an incumbent who is eligible to file fails to file for reelection,the voters have until 5:00 PM on August 14 to nominate candidates other than the incumbent. Payment of Candidate Statements—200 Word Maximum. The District Clerk must also relay to the Registrar of Voters in each County the board's policy regarding payment of candidate statement and number of words to be included in each statement. Section 2.12 of your Rules of Procedure states that in those wards where two or more candidates have qualified to appear on the ballot, candidates' statements of qualifications up to a maximum of 200 words, shall, if requested, be provided by the District at its expense pursuant to the Elections Code of the State of California, and no such candidate shall be billed for availing himself or herself of these services. Opting Not to Permit Candidates Running Unopposed to Have Their Names Appear on the Ballot. Section 5532 (e) of the District enabling legislation (Public Resources code) states in part that"The board of directors may permit the candidates running unopposed to have their names appear on the ballot, at the board's option." Section 2.12 of your Rules of Procedure (Unopposed Candidates and Candidates' Statements) has not been amended to incorporate the"at the board's option" language and reads"in the case where there is a single candidate qualified to appear on the ballot, such candidate shall be permitted to have his or her name on the ballot at no cost to the candidate". In past election years, the Board has opted not to list unopposed candidates, due to the expense involved (See reports R-96-57 and R-94-85). Throughout the election process, staff utilizes an effective public communication and outreach program which mitigates any potential loss of public awareness caused by not listing unopposed candidates on the ballot. In the interests of financial conservancy, the Board may wish to exercise its option not to list any unopposed candidates on the ballot for the 1998 election. District election costs for Wards 1, 2, 5 and 6 are estimated to be $75,350 ($40,450 for San Mateo County, $34,800 for Santa Clara County, and $100 or less for Santa Cruz County, in which there are only two registered voters). Prepared by: Peggy Coats, Administrative Analyst Contact person: Deirdre Dolan, District Clerk/Administrative Services Manager F_ A— Decoto �.A Burlingame n iko n FAA,, A c -Suno ",SAN Div #0*11 d. UPS Y Hillsborough 2 vR� ON San MateQ 3 N,1�lt toster iA "\s 01 2 $A, Ia ?q- ei�, S.'A" piii�i­i Irong OJA. I o' 3 n Jose Belmont, Sa p Rp... a El r-7 NO A iniar, A CIS Redwo A -Ih Warm Sp 11gs SAMp° Sin Disl GZE­w Atherton A Half Moon Bay REFUGE42 7 River k enlo Park M,X Palo Al P1. SIAI Milpitas Al Pur .131M T S A t _rt'l, Lobdos 2 P,rtola Sky Loods Valley Alto- Agnew WAAT1WS MACH P+ fA Tvnitas� 'Santa la ...1.0 ANAL 2 E LA o 'VOA, COA 10 IREG. San SPACE ISE G repn'0 SiEv cjEjK 2 Ko I CAALOS I ST, La HondaPermane a I cu SPACE A. SIOL A 11:'111_­^1EAC1IDr�b SAW WOONAA COUNTY PARK 7`1 N "D it 3oseSAN WAITO i I AMWOP�- - --------- Campbell LUNG N00 Treo COUNTY PA" XCE PAN P CREEK __j 2 aES"CER:3E4CH LOIN MIN. Ell • EL A ­+.� I NIA z Aro 4- ATOGA Z _hUTA No STATE 44 Saratoga 0 Co.PARK F 2 SM.ren", 3Z EL CL SA.1 3EAC� STATE sANaCR, 2 111T Se Los j ralo P,­ r. • 47E.- FOREST 3 M - 7_7 .11 A. _2 AS— AL "L--, tc 4' "0w 001"Pi. rk -in P�l A nn WA III pivewi',P1. 8,4SIN RES. 17- L .-TER AftlI RE AAEA UAC. rMtl STATEPARK B,* r Heights SL aces F—Win PP. CA Holy city 4AGLE.0C1 .NON UM STATE RESERVE 1_ Ff.Aft Nwwo 0 Boulder Creek Glenwood a Proolidale L..,co, Ben Zayante \Lomond Swanton 2 titan aun"I Dow. utis 6 Ef j"o pf Davenport Landing J U N E 199: Exhibit A - MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amended 6/94 WARD BOUNDARIES RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING ELECTION AND REQUESTING ELECTION CONSOLIDATED SERVICES—SANTA CLARA COUNTY STATE OF CALIFORNIA ) ) ss. County of Santa Clara ) WHEREAS, in accordance with Section 5530 of the Public Resources code, a Biennial Governing board Member Election has been ordered to be held on Tuesday,November 3, 1998 in the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT of Santa Clara County for the purpose of electing three(3)Directors of the Governing Board of the District; and WHEREAS, pursuant to Part 3 (commencing with Section 10400)of Division 10 of the Elections Code, such election may be either completely or partially consolidated; NOW,THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Section 5530, the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of three(3) members of the Board of Directors of the District in Wards 1, 2 and 5 on Tuesday,November 3, 1998. 2. That said election be consolidated with the statewide general election to be held in Santa Clara County on said date. 3. That the election precincts,polling places, voting booths and election officials in each of the precincts shall,to the extent practicable,be the same as provided for the statewide election on said date, as prescribed by the ordinance, order, resolution or notice of the board of Supervisors of said County calling,providing for or giving notice of such other election and which sets forth such precincts, voting booths, polling places and election officials. 4. That the Board of Supervisors of Santa Clara County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District 5. The Board of Directors further requests,pursuant to Election Code Section 10002,that County election official(s)be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County election official(s)in conducting elections including,but not limited to, checking registrations,printing and mailing ballots, ballot arguments, candidates' statement, hiring election officers and arranging for polling places,and providing and distributing election supplies. 6. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this resolution to the board of Supervisors of the County of Santa Clara, and to appropriate County election officials of said County. PASSED AND ADOPTED this I Oh day of June, 1998,by the following vote: AYES: NOES: ABSENT: ATTEST: District Clerk Of the Midpeninsula Regional Open Space District RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING ELECTION AND REQUESTING ELECTION CONSOLIDATED SERVICES—SANTA CRUZ COUNTY STATE OF CALIFORNIA ) ) ss. County of Santa Cruz ) WHEREAS, in accordance with Section 5530 of the Public Resources code, a Biennial Governing board Member Election has been ordered to be held on Tuesday,November 3, 1998 in the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT of Santa Cruz County for the purpose of electing one(1) Director of the Governing Board of the District; and WHEREAS, pursuant to Part 3 (commencing with Section 10400)of Division 10 of the Elections Code, such election may be consolidated; NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Section 5530,the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of one(1) member of the Board of Directors of the District in Ward 2 on Tuesday,November 3, 1998. 2. That said election be consolidated with the statewide general election to be held in Santa Cruz County on said date. 3. That the election precincts,polling places, voting booths and election officials in each of the precincts shall, to the extent practicable,be the same as provided for the statewide election on said date, as prescribed by the ordinance,order,resolution or notice of the board of Supervisors of said County calling,providing for or giving notice of such other election and which sets forth such precincts, voting booths,polling places and election officials. 4. That the Board of Supervisors of Santa Cruz County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District 5. The Board of Directors further requests,pursuant to Election Code Section 10002,that County election official(s)be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County election official(s) in conducting elections including,but not limited to, checking registrations, printing and mailing ballots,ballot arguments, candidates' statement, hiring election officers and arranging for polling places, and providing and distributing election supplies. I 6. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this resolution to the board of Supervisors of the County of Santa Cruz, and to appropriate County election officials of said County. PASSED AND ADOPTED this 10th day of June, 1998,by the following vote: AYES: NOES: ABSENT: ATTEST: District Clerk Of the Midpeninsula Regional Open Space District RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CALLING ELECTION AND REQUESTING ELECTION CONSOLIDATED SERVICES—SAN MATEO COUNTY STATE OF CALIFORNIA ss. County of San Mateo WHEREAS, in accordance with Section 5530 of the Public Resources code, a Biennial Governing board Member Election has been ordered to be held on Tuesday,November 3, 1998 in the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT of San Mateo County for the purpose of electing two(2) Directors of the Governing Board of the District; and WHEREAS, pursuant to Part 3 (commencing with Section 10400)of Division 10 of the Elections Code, such election may be consolidated; NOW,THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to Public Resources Code Section 5530,the Board of Directors of the Midpeninsula Regional Open Space District does call an election in the District for the election of two(2) member of the Board of Directors of the District in Wards 5 and 6 on Tuesday,November 3, 1998. 2. That said election be consolidated with the statewide general election to be held in San Mateo County on said date. 3. That the election precincts,polling places, voting booths and election officials in each of the precincts shall,to the extent practicable,be the same as provided for the statewide election on said date, as prescribed by the ordinance, order, resolution or notice of the board of al Supervisors of said County calling,providing for or giving notice of such other election and which sets forth such precincts, voting booths,polling places and election officials. 4. That the Board of Supervisors of San Mateo County is hereby authorized and instructed to canvass the returns of said election for the office of members of the Board of Directors of the Midpeninsula Regional Open Space District and is requested to certify the results of said election to the Board of Directors of the District 5. The Board of Directors further requests,pursuant to Election Code Section 10002, that County election official(s)be authorized to render services to the District relating to the conduct of said election. The services shall be of the type normally performed by such County election official(s) in conducting elections including,but not limited to, checking registrations, printing and mailing ballots,ballot arguments, candidates' statement,hiring election officers and arranging for polling places, and providing and distributing election supplies. 6. The General Manager of the District is hereby authorized to reimburse the County in full for the services performed upon presentation of a bill to the District. 7. The District Clerk is hereby directed to submit a certified copy of this resolution to the board of Supervisors of the County of San Mateo, and to appropriate County election officials of said County. PASSED AND ADOPTED this I Oth day of June, 1998,by the following vote: AYES: NOES: ABSENT: ATTEST: District Clerk Of the Midpeninsula Regional Open Space District RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING NOT LISTING ANY UNOPPOSED CANDIDATES FOR ELECTION ON THE NOVEMBER 3, 1998 BALLOTS OF SAN MATEO COUNTY,SANTA CLARA COUNTY AND SANTA CRUZ COUNTY WHEREAS, the District's enabling legislation states that the Board of Directors may opt not to permit candidates running unopposed to have their names appear on the ballot, NOW,'THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District does hereby opt not to list the unopposed candidates for election on the November 3, 1998 ballots of Santa Clara, San Mateo and Santa Cruz Counties. PASSED AND ADOPTED this 10th day of June, 1998,by the following vote: AYES: NOES: ABSENT: ATTEST: District Clerk of the Midpeninsula Regional Open Space District Regi I -ice .mow. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-73 Meeting 98-13 June 1.0, 1998 AGENDA ITEM _5 AGENDA ITEM Approval of Communications Site Lease and Agreement with Association for Continuing Education (ACE) and Approval of Sublease Between ACE and Space Systems/Loral Inc., Black Mountain, Rancho San Antonio Open Spac reserve:` GENERAL MANAGER'S RECOMMENDATIONS _ 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set forth in this report. 2. Authorize the President of the Board of Directors to execute a Communications Site Lease and Agreement with the Association for Continuing Education (ACE), a non- profit California corporation, for the facility on Black Mountain, Rancho San Antonio Open Space Preserve. 3. Authorize the General Manager to execute the attached Sublease between Association for Continuing Education (ACE) and Space Systems/Loral, Inc., a Delaware corporation, for the communication facility on Black Mountain, Rancho San Antonio Open Space Preserve. DISCUSSION At your March 11, 1998 meeting, you approved a Lease Amendment with Space Systems/ Loral, Inc. to extend their lease term on Black Mountain and/or pursue an assignment of their lease interest to the Association for Continuing Education (ACE) (see report R-98-34). Staff negotiations with ACE and Space Systems/Loral, Inc. have resulted in the proposed Communications Site Lease and Agreement with ACE, and a Sublease between ACE and Space Systems/Loral, Inc. In other words, ACE and Space Systems/Loral, Inc. are switching roles as lessee and sublessee. The lease with ACE is the District's standard communications lease with an initial rental rate of$1,704.00 per month which will increase annually by 4% during the remaining four years of the initial five-year term. As part of the sublease, Space r Systems/Loral, Inc. will pay the District $300.00 per month during the two-year term of the sublease. Therefore, during the first year of the lease, the District's monthly rental income will be $2,003.00 per month. 330 Distel Circle Los Altos, CA 94022-1404 ® Phone:650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@openspace.org - Web site:www.openspace.org Board if,N nette Hanko, _... _ of f_)irertors:Pete Siemens,Mary(-.Davey,led Cyr,David T.Sm�erno�� Betsy Crowder,Kenneth C.Nitz « General Manager:I.Craig Britton R-98-73 Page 2 LEASE MENT The proposed lease with ACE includes the following key terms and provisions: 1) There are options for four (4) additional five (5) year terms consistent with California Public Resources Code 5563. 2) The Lessee is required to obtain all necessary government permits and approvals to construct and operate the existing communications facilities at this location. 3) Any additional alterations or additions to the proposed communications facilities will require prior written approval by District. 4) Any sublease or assignment by the Lessee is subject to District approval. 5) The Lessee will provide liability insurance for their operations on the property. 6) At the expiration or termination of the Lease, the Lessee is solely responsible for restoring the site to a natural condition. SUBLEASE The sublease between ACE and Space Systems/Loral, Inc. has the following key terms and provisions: 1) The sublease term is limited to two years with Space Systems/Loral, Inc. paying District $300.00 per month. 2) At the start of the Sublease, Space Systems/Loral, Inc. will pay $2,000.00 to ACE for removal of one large antenna, removal of concertina/razor wire from the perimeter of the site and perimeter fence repairs. 3) Space Systems/Loral, Inc. will provide liability insurance for their operations on the property. 4) At termination of Sublease, Space Systems/Loral, Inc. will pay ACE $8,000.00 to cover costs of the eventual removal of the communications facilities and restoration of site to a natural condition in compliance with the terms of District's proposed communications lease with ACE. Staff supports the proposed Communications Site Lease and Agreement and accompanying Sublease because the continued use of the existing communications facilities provides increased rental income to District and provides for clean up of the site with the removal of the large antennae and razor wire. R-98-73 Page 3 USE AND MANAGEMENT The District adopted a communications policy for the existing facilities at Black Mountain on December 8, 1982 (see memorandum M-82-119 dated November 19, 1982). Policies for the Black Mountain Communications Facilities state that new lease renewals will be considered on a case by case basis. Since a continued use of existing communication facilities is proposed, the Communications Site Lease and Agreement is in compliance with the objectives of this policy. CEQA COMPLIANCE PM-je,ct Description The project consists of the demolition, removal and cleanup of a communication antennae from District land. However, the use and continuance of an existing communications facility is not considered a project under CEQA. CEQA Determination The District concludes that this project will not have a significant impact on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Sections 15301 and 15304. Section 15301(1)(3) exempts for minor alterations of existing facilities including demolition and removal of small commercial structures. Section 15304 exempts for minor alterations of land. The removal of a communications antennae from the site meets this criteria. This project qualifies under these two sections. Moreover, ACE is responsible for obtaining permits from the City of Palo Alto for cleanup and removal of all improvements and facilities on the lease site. The City of Palo Alto would be considered the lead agency responsible for this cleanup project. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above MONTE BELLO OPEN SPACE PRESERVE Midpeninsula Regional Open Space District 2201V� 0.1 0.2 0.3 1 " (U u/eotr �J (— / /� y . ••............ 221H1 d :• 0.1 M8021 IY o whrre /o� /-00 RANCHO •©' a •• c SAN az 4^•. a�0.z Bel\a V/S�a Trail ANIONIO tl' ACE a i (Meosl 1.1 ,T, _ OPEN SPACE `°%i • A ns PRESERVE) COMMUNICATION SITE Q 0.3, L 0.6 - /(JR 0.6 0.8 d7 -- ie>r...a wron 1.2 ,•.�e4 ,r/ / Black Mountain 0.3 �pdi an Creek Trail 0.4 . o• �� o y• �,,,� �^"� ��d�. jai/ r` 1.1 �o t 0.1 �� 2400 78a) ne• 0'2 2200 ' `� - _ •• 2000 2 00 ^`t�`_KRall . ,•�O• 0.2 •• ®Q,' 7t'o •�0.5 0.3 v. a(r o-o � s •1 \Qc (snot A •• MONTE BELL, OO r' c 0.3 9 \ X i in 0.6 oa 02 0.4 Pao O.P\EFN SPACPRrESER�VE ~di — HorsesMe ••i• 4�P / a -` ;j �a i t o.6• • 2.0 20W v�i��•• ~ I• •2200 ne`rsfann (MBIMII as •• zsat a °s SKYLINER16GE y� (� Zrail V ._sp- .• �'hee Cc (MB08, M00 OPEN SPACE r i� _P-PRESERVE /.o Al 1.5 .•� cdh 0.4 JJJ��� ('•� �TTail 1� Gy LJ 2400 / 1 111 k 0.7 -P4 oa (Y. S evens-Creek EXHIBIT A: LOCATION MAP 5/19/98 SUBLEASE ASSOCIATION FOR CONTINUING EDUCATION & SPACE SYSTEMS/LORAL, INC. Witnesseth, this agreement made as of the 14th Day of hW, 1998 by and between Association for Continuing Education, 164 Main Street, Los Altos, California 94022 (hereinafter referred to as ACE) and Space Systems/Loral, Inc., a Delaware Corporation, 3825 Fabian Way, MS E-32, Palo Alto, California(hereinafter referred to as SSIL). I. Locatio . Whereas ACE is entering into a lease with Midpeninsula Regional Open Space District (hereinafter referred to as DISTRICT) a parcel of land (defined herein as the Site) described as follows: a parcel of land 200 feet square located in Section 13, Township 7 South, Range 3 West, Mount Diablo Base and Meridian, in the County of Santa Clara, State of California. Beginning at the Southwest comer of said Section 13; thence North 53' 09' 16" East 1289.5 feet more or less to the U.S. Corp. Of Engineers triangulation station"Black Mountain," thence North 67' 1 V 52" East 211.7 feet more or less to the Northwest comer of a parcel of land 160 feet square leased to the U.S. Government; thence continuing North 67' 1 V 52" East 1260.00 feet to the true point of beginning; thence continuing North 67' 11' 52" East 200.00 feet, thence at right angles South 22* 48' 08" East 200.00 feet, thence South 67' 11' 52" West 200.00 feet, thence North 22* 48' 08" West 200.00 feet to the true point of beginning. Containing 0.92 acres of land more or less. 111. Term 1. Whereas the term of said lease is to commence on June 1, 1998, and will terminate on May 31, 2003, with ACE having options to extend the current lease for four(4) additional five year periods starting on June 1, 2003. 2. Now, therefore, ACE agrees to sublet to SSAL a part of the above property for a sub-lease term ("Sub-Lease Term")beginning June 1, 1998, and ending May 31, 1999 so long as SS/L's transmission or use does not interfere with ACE's use of the site and conforms to the terms of the aforesaid lease with DISTRICT. After the termination of the Sub-Lease Term as defined above, the sublet of the premises will continue on a month-to-month basis until SS/L provides ACE a notice to vacate the premises, but in no event for a month-to-month period longer than twelve (12) months after the termination of the original Sub-Lease-Term without re-negotiation of this Agreement. Any renewal or extension of this Agreement beyond two (2)years (May 31, 2000) is subject to ACE obtaining the prior written consent of District. 3. Upon signature hereof, SS/L agrees to pay ACE the amount of Two Thousand Dollars ($2,000.00) as payment to cover certain equipment removals and site improvements including, but not limited to, the removal of one (1) large antenna; repairs to the perimeter fencing and, the removal of the concertina/razor wire from around the Site. 4. During said Sub-Lease Term, SS/L agrees to pay monthly to DISTRICT a fee of Three Hundred Dollars ($300.00). 5. In the event that transmission interference arises or SS/L's installation interferes in any way with the ACE usage of the Site, then, and upon the request of ACE, SS/L will eliminate such interference or obstruction within 48 hours or such further time as may be agreed. 111. M. SS/L shall ensure that its transmissions present no radiation hazard to personnel working in the area and shall conduct a power scan upon initiation of transmission and once every six months thereafter to demonstrate such is the case. IV. Insurance. 1. SS/L, at SS/L's sole expense, shall obtain and keep in force during the term of this lease a general liability insurance policy with an insurance company which shall be SS/L's corporate blanket insurer and a policy reasonably satisfactory to ACE, protecting ACE, DISTRICT and SS/L against any and all liability arising from SS/L's use of the premises, the Improvements, or the License Area, or from any occurrence in, on, about, or related to the premises, the Improvements or the License Area with a single combined property damage and personal injury limit of One Million Dollars ($1,000,000.00). SS/L shall name DISTRICT as an additional insured with respect to general liability insurance. All such public liability insurance shall ensure performance by SS/L of the indemnity provisions of the waiver of claims and indemnification paragraph hereof, and the policy shall contain a cross-liability endorsement. SS/L agrees to furnish a certificate of such insurance to ACE naming ACE as an additional insured on or prior to the commencement date, and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior to written notice to ACE. The limits of said insurance shall in no event be deemed to limit the liability of SS/L hereunder. 2. ACE shall have no obligation to insure against loss to SS/L's leasehold improvements, fixtures, machinery, equipment, or other personal property in or about the premises occurring from any cause whatsoever, and SS/L shall have no interest in the proceeds of any insurance carried by ACE. 2 r r 3. Waiver of Claims and Indemnification. SS/L waives all claims against ACE and DISTRICT for loss of business or for damage to property, including the Improvements and any alterations thereto and any equipment or machinery therein, or injury or death to persons occurring in, on, or about the premises, the Improvements, or the License Area from any cause arising at any time, except as may be caused by the negligence or willful misconduct of ACE and DISTRICT . SS/L hereby indemnifies ACE and DISTRICT and holds ACE and DISTRICT exempt and harmless from and against any damage to property or injury or death to persons arising from the use by SS/L of the premises, the Improvements, or the License Area in good and safe condition as herein provided. ACE shall not be liable to SS/L for any damage, injury, or death arising out of the act of negligence of any owner, occupant, or use of the property adjacent to or in the vicinity of the premises and not leased by ACE. SS/L shall pay for all damage to the premises and surrounding areas caused by its invitees, licensees, agents, and contractors. V. Operation. 1. SS/L will assure that all voice or data transmitted over the SS/L equipment at the Site is in accordance will FCC policies and procedures. 2. SS/L will obtain licenses required by the FCC to operate all equipment installed at the site and will assure that all maintenance and calibration of the equipment is performed in accordance with FCC rules and regulations. 3. SS/L will maintain their building, equipment and the area within the complex in an orderly fashion in accordance with Santa Clara County fire codes. 4. Access to the property by SS/L shall be subject to ACE or Government security regulations, as may be applicable. Subject to this provision, SS/L will limit access to the site to personnel who are there for maintenance or repair. Ace will be provided with a current list of those personnel. 5. After initial installation, all on-site additions or deletions or modifications to the building, antennas and towers, and electronic equipment, except for normal replacement by similar equipment and maintenance of existing equipment, must be approved by ACE prior to the addition, deletion or modification. This paragraph shall not be construed as prohibiting SS/L from undertaking any emergency work necessary to maintain continued transmission or to safeguard the building, antennas, towers and equipment within the building. 6. SS/L will not sublease the building or spaceg or within the building permit other persons or companies to install or modify any of the equipment initially installed without prior approval of ACE. 3 7. SS/L will arrange for separate metering of the electrical power between the SS/L's equipment and ACE's equipment and will pay SS/L's portion as billed by Pacific Gas and Electric Company. 8. All other operating costs incurred by SS/L, such as phone lines and control lines will be at SS/L's expense. VI. Termination. Upon termination of this lease, SSAL will pay to ACE the amount of Eight Thousand Dollars ($8,000.00) representing payment in full for SS/L's portion of the cost and expense of removing all structures, towers, radio equipment, associated antennas, poles and power lines, fences and equipment erected or placed on the Site and of restoring the Site to its original condition in accordance with the requirements of the Lease. IN WITNESS WBEREOF, the parties hereto have executed this Agreement as of the date first above written. Association For Continuing Education By: Title: Space Systems/Loral, Inc. By: Stephen L. Jackson Title: Vice President DISTRICT'S APPROVAL: Midl2eninsula Regional Open Space District By: L. Craig Britton Title: General Manager 4 COMMUNICATIONS SITE LEASE AND AGREEMENT THIS LEASE is made and entered into this 10th day of June, 1998 by and between Midpeninsula Regional Open Space District, a California public district, hereinafter called"District" and Association of Continuing Education (ACE), a non-profit California corporation, hereinafter called "Lessee." RECITALS A. District is the owner of that certain real property consisting of approximately 40,075 square feet of land located in the County of Santa Clara, State of California, which is part of the District's Rancho San Antonio Open Space Preserve, more particularly shown and described on Exhibit A attached hereto and incorporated herein by this reference (the "Premises"). B. Lessee desires to lease the Premises from District for the purposes of operating and maintaining communications structures and facilities and related equipment pursuant to the terms and conditions hereof 1. Premises. District owns the real property as shown and described on Exhibit A which includes the existing communications structures and facilities as described and shown on Exhibit B attached hereto and incorporated herein by this reference. Subject to the following terms and conditions, District leases to Lessee the Premises including offsite utilities. 2. Commencement of Lease. The term of this Lease shall commence on June 1, 1998 (the "Commencement Date"), and shall expire five(5) years thereafter on May 31, 2003, unless sooner terminated in accordance with the provisions hereof, or unless extended pursuant to any right to extend the Lease term expressly granted herein. 3. IT_ (a) The Premises may be used for the purposes of operating and maintaining equipment for transmission and reception of electromagnetic and other communications signals, and for all lawful uses incidental thereto, and for no other purpose without District's prior written consent. Lessee shall use the Premises in accordance with any statue, ordinance, rule, regulation, or other statement of lawful governmental authority with jurisdiction over the Premises and Lessee's use thereof now in force or which may hereafter be promulgated (collectively "Regulations"), and shall at its own expense abide by and comply with any and all such Regulations regulating Lessee's use of the Premises. Such Regulations shall be deemed to include the"Regulations for Use of Midpeninsula Regional Open Space District Land" and Item No. 3 of the Midpeninsula Regional Open Space District Basic Policy, both of which are attached hereto as Exhibit C and incorporated herein by this reference. (b) Notwithstanding the foregoing, District reserves the right to enter on the premises and to use the same (except for the Improvements) in any manner District shall desire, including without limitation for purposes of constructing, installing, operating, maintaining, H:\cnterpnA1eascs\ace.1sc Page 1 repairing, replacing, altering, and moving pipelines, conduits, culverts, ducts, fences, power and communication poles and lines, and roads, or for grazing purposes, and District reserves the right to grant easements over, across, under, or upon the premises, or for ingress and egress thereto, or for any other purpose, provided only that any such use by District and District's granting of any such easements shall not result in any unreasonable interference with the conduct of Lessee's business on the premises. 4. Term. (a) The term of this Lease shall commence as of the Commencement Date as defined in paragraph 2 hereinabove, and shall expire five (5)years thereafter, unless sooner terminated in accordance with the provisions hereof, or unless extended pursuant to any right to extend the Lease term expressly granted herein. (Option to Extend Term as further described in Paragraph 20.) (b) Lessee acknowledges that California Public Resources Code Section 5563 provides in part that: "When land or property is temporarily unnecessary for park or open space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the board by ordinance determine to use the lands for park, open space, or other District purposes, the lease shall thereby be terminated." Accordingly, notwithstanding anything to the contrary herein contained, District shall be entitled to terminate this Lease, at any time during the term hereof, pursuant to the procedure required under said Section 5563, provided only that District delivers to Lessee(i)thirty(30) days prior written notice of any hearing or meeting to consider or adopt a resolution or ordinance affecting or terminating this Lease, and (ii) written notice of such termination at least twelve (12)months prior to the date on which such termination shall become effective. (c) Except as provided for in paragraph 5 below, during each five(5)year Renewal Term, Rent shall be increased annually by a minimum of seven percent (7%) or the increase in the Consumer Price Index(CPI)for the San Francisco-Oakland-San Jose Metropolitan Area All Urban Consumers, whichever is greater, in accordance with paragraph 20 below. This increase will be allocated annually during each Renewal Term. 5. B . Lessee shall pay District rent in monthly installments, in advance, on the first day of each month of the term hereof. The monthly rent shall be One Thousand Seven Hundred and Four Dollars ($1,704.00). The rent shall be increased by four percent (4%) annually during the initial five year term, or as follows: June 1, 1999 $1,772.00 monthly June 1, 2000 $1,843.00 monthly June 1, 2001 $1,917.00 monthly June 1, 2002 $1,994.00 monthly HAenterprileases\ace.1se Page 2 All rent payable by Lessee under this Lease shall be payable without notice or demand, and without any deduction, offset or abatement, in lawful money of the United States of America to District at the address stated in paragraph 21 to such other persons or at such other places as District may from time to time designate in writing. 6. Possessory Interest Taxation. A possessory interest subject to property taxation may be created by this Lease. It is understood and agreed that if such a possessory interest is created, Lessee shall be responsible for the payment of all property taxes levied on such interest, and that District shall have no responsibility therefor. This section is in compliance with Section 107.6 of the Revenue and Taxation Code, State of California. 7. Improvements. Lessee shall maintain and operate on the Premises the following improvements ("Improvements"): Equipment Structure, 10'x 20' - 1; Security Radio Antenna; Pager Antenna; ACE Antenna; Parabolic Antenna;Parabolic Antenna mounting structure 15'x 10' x 15', concrete/steel; Antenna Mounting Pads, concrete; 2351.F Chain Link Fence with Gate; Underground Electric Service from adjacent site, further described and shown in Exhibit B attached hereto and incorporated herein by this reference. 8. Access to Premises. (a) District hereby grants to Lessee a non-exclusive revocable license permitting Lessee and Lessee's authorized agents, employees and contractors to use a segment of that certain road providing access to the premises, which segment is situated on land owned by District and is more particularly shown outlined in red on Exhibit D attached hereto and incorporated herein by this reference (the"License Area"). The license granted pursuant to this paragraph may be revoked by District at any time by delivery of written notice to Lessee of such revocation, and shall terminate automatically without notice and without need for further documentation upon the expiration or sooner termination of the Lease term. (b) The License Area shall be used by Lessee, if at all, only for purposes of obtaining ingress to and egress from the premises in order to install or construct the Improvements, or to operate, maintain, repair, alter or inspect the Improvements from time to time, and for no other purposes whatsoever. Lessee shall exercise its access rights pursuant to the license granted herein only in such manner as will minimize erosion or other damage to the License Area, and shall refrain from using the same to the extent reasonably practicable when weather conditions shall render the License Area subject to greater than normal erosion or other damage. Lessee shall not permit trucks and/or other machinery or equipment weighing in excess of ten (10) tons to use the License Area. (c) Lessee shall, at Lessee's sole cost and expense, repair all damage to the License Area, as well as all damage to improvements within or adjacent to the License Area designed to protect the surface of the License Area such as water drains, berms, or culverts, caused by use of the License Area by Lessee or its agents, employees, or contractors. Lessee shall be liable for any damage to the License Area and its immediate surroundings arising from its use thereof, or its repair or failure to repair the same as hereinabove required. HAenterpnNeases\ace.lse Page 3 (d) Lessee hereby expressly acknowledges that District does not warrant or otherwise guarantee to Lessee continuous access to the premises by way of the License Area or otherwise. Notwithstanding the foregoing sentence, District shall use its best efforts to provide access to the premises across other land owned by District in the event the License Area shall be rendered impassable due to causes beyond the reasonable control of Lessee, or if District shall for any reason terminate the license herein granted, provided only that Lessee agrees to pay any and all additional expenditures incurred by District as a result thereof. Any permits, licenses or easements as may be required from time to time in order to cross over lands not owned by District in order to gain access to the premises shall be obtained by Lessee at its sole cost and expense. (e) Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities. 9. Maintenance and Repair. Lessee acknowledges that it has inspected the Premises, and Lessee accepts the Premises"as is" in the condition existing as of the Commencement Date. Lessee shall, at Lessee's expense, maintain the Premises in good, safe and sanitary condition, order and repair, and shall keep the Premises free from trash and other debris. Lessee shall promptly remove from the Premises any vehicles, machinery, equipment or other items which Lessee from time to time no longer uses in the conduct of its business on the Premises. 10. Alterations. (a) Except for the permitted Improvements specified in paragraph 7, Lessee shall not make or permit to be made any alterations, additions or improvements ("Alterations") to, or of, the Premises or any part thereof without the prior written consent of District. (b) Except for the permitted Improvements specified in paragraph 7, District shall be entitled to review and accept or reject the design of Alterations which Lessee may desire to make to the Premises. Prior to commencing construction or installation of any alteration the design of which District determines is acceptable, Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto. (c) Any consent given by District pursuant to this paragraph 10 shall not constitute implied consent to any subsequent alteration upon or to the Premises, except for Permitted Alterations, but shall apply only to those items or matters for which consent was expressly requested. (d) Lessee shall notify District at least ten (10) days in advance of any construction on the Premises, and District shall be entitled to post on the Premises notices of non- responsibility in favor of District prior to Commencement of any such construction. (e) Title to the Improvements and to all alterations constructed or installed on the premises shall be and remain vested in Lessee until the expiration or sooner termination of the term of this Lease, whereupon title thereto shall pass to and vest in District, without cost or charge to District, and Lessee shall at Lessee's expense promptly discharge and pay in full any H:\entcrpnl4cases\ace.1se Page 4 encumbrances, liens and debts incurred by or created by Lessee with respect to such Improvements and alterations. 11. Interference with Communications and Indemnification of Interference Claims. Lessee's Facilities shall not disturb the communications configurations, equipment and frequency which exist on District Land on the Commencement Date, and Lessee's Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). District shall not permit the modification or improvements of existing, or installation of any new, equipment on the Property which results in technical interference with Lessee's then existing PCS equipment and Improvements. In any future lease, license or other grant of permission to use District's Land, District shall require said user to expressly agree for the benefit of Lessee, to not install or operate any equipment which would cause technical interference to Lessee's then existing communications facilities located on the Premises. Lessee agrees to indemnify District, hold District harmless and defend District from and against any and all claims, demands, or actions arising from claims of other Lessees of the District which exist and are in operation on the Commencement Date of frequency interference caused by Lessee. The parties acknowledge that the FCC has exclusive jurisdiction over disputes regarding frequency interference. 12. Lim. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 13. Waiver of Claims and Indemnification. Lessee waives all claims against District for loss of business or for damage to property, including the improvements and any alterations thereto and any equipment or machinery therein, or injury or death to persons occurring in, on, or about the Premises, or the Access Area, from any cause arising at any time, except as may be caused by the negligence or willful misconduct of District. Lessee, on behalf of itself and its agents and employees, hereby indemnifies District and holds District exempt and harmless from and against any damage to property or injury or death to persons arising from the use by Lessee or its agents and employees of the Premises, or the Access Area, or from the failure of Lessee to keep the Premises, or the Access Area in good and safe condition as herein provided. District shall not be liable to Lessee or its agents and employees for any damage, injury, or-death arising out of the act or negligence of any owner, occupant, or user of any property adjacent to or in the vicinity of the Premises and not owned by District. Lessee shall pay all damage to the Premises and surrounding areas caused by its agents and employees, invitees, licensees, agents, contractors, and employees. 14. Condemnation. If a condemning authority takes all of District's Land, or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated as a taking by a condemning authority. to ease Pa e 5 H.A cn rrnll s\acatsc €, 15. Insurance. (a) Lessee shall maintain the following insurance: (1) Commercial General Liability with limits of$5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of$1,000,000.00 per accident, (3)Workers Compensation as required by law, and (4) Employer's Liability with limits of$1,000,000.00 per occurrence. Lessee shall name District as an additional insured with respect to the above Commercial General Liability and Automobile insurance. (b) Policies of Insurance. All required insurance policies must be taken out with reputable national insurers that are licensed to do business in California. Lessee will deliver certificates of insurance to District upon request. All policies must contain an undertaking by the insurers to notify District in writing not less than fifteen(15) days before any material change, reduction in coverage, cancellation, or termination of the insurance. The limits of said insurance shall in no event be deemed to limit the liability of Lessee hereunder. (c) District shall have no obligation to insure against loss to Lessee's leasehold improvements, fixtures, machinery, equipment, or other personal property in or about the Premises occurring from any cause whatsoever, and Lessee shall have no interest in the proceeds of any insurance carried by District. 16. Assignment and Subleasing. Lessee may not assign or sublease, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of District, such consent not to be unreasonably withheld; provided, however, that Lessee may assign its interest to its parent company, any subsidiary or affiliate or to any successor-in- interest or entity acquiring fifty-one percent (51%) or more of its stock or assets. A consent by District to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. An assignment or subletting without the prior written consent of District, or any assignment or subletting by operation of law, shall be void and shall, at the option of District, terminate this Lease. Lessee shall not, during the term of this Lease, encumber its interest in the premises by mortgage or deed of trust or other security instrument, or otherwise use the premises as security for any indebtedness of Lessee. 17. Entry by District. District shall, at any and all reasonable times and upon 24 hours written notice to Lessee, have the right to enter onto the Premises to inspect the'same, to exhibit the Premises to prospective purchasers or Lessees, to post notices of non-responsibility, all without abatement of rent payable by Lessee hereunder. Lessee hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. Notwithstanding the foregoing, District shall not access, disturb or open any of Lessee's equipment or Improvements located on the Premises, except in the case of an emergency situation which poses a substantial immediate threat of injury to persons or damage to Property, District shall give Lessee as much prior notice as is reasonably possible under the circumstances prior to such emergency access. H:lenterpnA1eases\=.1se Page 6 18. Waive . The waiver by either party of an breach of any term, covenant, or condition herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by District shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted. 19. Surrender of Premises. (a) At the expiration or sooner termination of the Lease and upon written request by District (to be made no later than thirty (30) days after the date of such expiration or sooner termination), Lessee shall, at Lessee's sole cost and expense, demolish the Improvements and remove the debris resulting therefrom as well as any and all equipment, vehicles, machinery or other devices remaining on or about the premises. Lessee shall be entitled, without obtaining District's prior consent, to remove all furniture and trade fixtures not affixed to either the premises or the Improvements at the expiration or sooner termination of the Lease term, provided any damage occasioned thereby is promptly repaired by Lessee at Lessee's sole cost and expense (unless District expressly waives the need for such repairs). Upon demolition and/or removal by Lessee of such Improvements, furniture, trade fixtures, vehicles, machinery and other devices on the premises, Lessee shall at its sole expense restore the premises to a condition of natural grassland to the reasonable satisfaction of District. If Lessee shall fail to so demolish and remove the items listed above, and thereafter to restore the land affected thereby to its natural grassland condition, all within thirty (30) days after the end of the Lease term,District shall be entitled to perform such work at Lessee's expense. The obligations of Lessee and rights of District set forth in this paragraph 19(a) shall survive the termination of this Lease. (b) Lessee hereby specifically waives any rights to, and releases District from, any and all claims for relocation benefits and/or relocation payments to which Lessee might otherwise be entitled pursuant to California Government Code Section 7260 et sec., and any similar or successor statutes. Lessee shall hold District harmless from, and indemnify District against, any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. (c) Lessee shall have sole responsibility to restore any area adversely impacted by Lessee's use thereof to a natural condition, including the restoration of native plantings and vegetation which existed prior to the installation, maintenance, operation or removal of the Improvements. 20. Option to Extend Term. (a) District hereby grants to Lessee an option to extend the term of this Lease for an additional period of five (5) years upon expiration of the initial five-year term of this Lease, and three (3) additional options each to extend the term of this Lease for one additional period of HAenterprAeases\ace.lse Page 7 five (5) years upon expiration of the immediately preceding five (5)year period, so that the maximum term of this Lease, including the initial five years of this Lease, shall be a total of twenty-five (25) years. Each of said four(4) options to extend the term for an additional five- year period shall be exercised by Lessee, if at all, by Lessee's delivery of notice of exercise of such option to District at least three (3) months, but not more than nine (9) months, prior to expiration of the Lease term (as extended, if at all, from time to time). Each of said five-year extension periods shall be on all the provisions contained in this Lease, except for the rent, which shall be adjusted as provided in paragraph 20(b)below. Notwithstanding the foregoing, if Lessee is in material default hereunder on the date of delivery of any option notice required to be given in order to exercise an option, said option notice shall be totally ineffective, or if Lessee is in material default on the date the extended term referred to in any such option notice is to commence, such extended term shall not commence and this Lease shall expire at the end of the term during which such option notice is given. Lessee shall not be entitled to exercise any of the options to extend following the first option to extend unless each and all of the preceding options to extend have been properly exercised in accordance with the provisions of this paragraph 20(a). In the event the term of this Lease shall for any reason expire or terminate, all options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall thereafter be of no further force or effect. After Lessee's exercise of any one or more of said options to extend, all references in this Lease to the term shall be considered to mean the term as extended, and all references to expiration or termination of the term of this Lease shall be considered to mean the expiration or termination of the term as extended. (b) Upon exercise by Lessee of any of the four (4) options to extend the Lease term for a period of five (5)years granted pursuant to paragraph 20(a) above, the parties shall have sixty (60) days after District receives the option notice exercising said option during which to agree upon the amount of Fixed Minimum Rent to be payable upon commencement of the extended term referred to in said notice . It the parties agree upon the amount of Fixed Minimum Rent for the first year of said extended term, they shall immediately thereafter execute an amendment to this lease stating the amount thereof if the parties are unable for any reason to agree upon the amount of such Fixed Minimum Rent within said sixty (60) day period, the Fixed Minimum Rent shall be determined by arbitration: the Lessee shall select an Arbitrator and shall communicate the name of the Arbitrator to the District; the District shall have ten(10) days to select an Arbitrator and communicate the name of the same to the Lessee; the two Arbitrators so selected shall select a third Arbitrator and all arbitration shall be completed prior to the expiration date of the term hereof, a decision of the majority of the Arbitrators shall be binding on both parties; the costs of arbitration shall be borne by the Lessee and such arbitration shall be conducted in accordance with the Rules of the American Arbitration Association. 21, Notices. All notices, statements, demands, requests, approvals, or consents (collectively"notices") given hereunder by either party to the other shall be made in writing and shall be served personally or by first class mail, certified or return receipt requested, postage prepaid, and addressed to the parties as follows: 11AcnterpriUeases\ace.Ise Page 8 District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: Michael C. Williams, Real Property Representative (650) 691-1200 - tel (650) 691-0485 - fax Lessee: Association for Continuing Education 164 Main Street Los Altos, CA 94022 Attn: Phillip M. Mustain, General Manager (650) 948-5583 -tel (650) 948-5686 - fax or to such other address as either party nay have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three(3) days after the date posted. 22. Attorneys'Fees. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of or to enforce or interpret any of the provisions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party reasonable attorneys'fees, the amount of which shall be fixed by the court and shall be made a part of any judgment rendered. 23. General. (a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Lessee, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Lease or their respective successors in interest. (b) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, successors, executors, administrators, sublessees, and assigns of the parties. I (c) When the context of this Lease requires, the masculine gender includes the feminine, a corporation, or a partnership, and the singular number includes the plural. (d) The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. (e) This Lease shall be governed and construed in accordance with the laws of the State of California. HAenterpn4eases\ace.Ise Page 9 (f) Time is of the essence as to all of the provisions of this Lease as to which time of performance is a factor. (g) All persons who have signed this Lease shall be jointly and severally liable hereunder. (h) If requested by Lessee, District will execute a recordable memorandum of this Lease. 24. Warranties and Covenants of District. District warrants and covenants to Lessee that District is the owner and/or has legal right to possession of the District Land and the Premises and the power and the right to enter into this Lease, and that Lessee, upon the faithful performance of the terms, conditions and obligations of Lessee contained in this Lease, shall peaceable and quietly hold and enjoy the Premises and Access Area upon the terms, covenants and conditions set forth in this Lease throughout the term of this Lease and any extensions thereof. HAenterpri\Ie=s\acc.lsc Page 10 DISTRICT LESSEE MIDPENINSULA REGIONAL OPEN ASSOCIATION FOR CONTINUING EDUCATION, SPACE DISTRICT, a California a non-profit California corporation public district Accepted for RecommendT ation: By: C Martha Sessums, President Q� Michael C. Williams Real Property Representative Date: Recommended for Approval: L. Craig Britton General Manager Approved and Accepted: President, Board of Directors Date: Attest: District Clerk Date: Approved as to Form: Susan M. Schectman District Counsel Date: HAenterpnlle=slace.1se Page 11 v :fir► � �i LEGAL DESCRIPTION A parcel of land 200 feet square located in Section 13, Township 7 South, Range 3 West,Mount Diablo Base and Meridian, in the County of Santa Clara, State of California. Beginning at the Southwest Comer of said Section 13;thence North 53' 09, 16"East 1289.5 feet more or less to the U. S. Corp. of Engineers triangulation station "Black Mountain"; thence north 67' 11' 52" East 211.7 feet more or less to the Northwest comer of a parcel of land 160 feet square leased to the U. S. Government; thence continuing North 67* 11' 52" East 1260.00 fee to the true point of beginning; thence continuing North 67* 11' 52" East 200.00 feet; thence at right angles South 220 48' 08" East 200.00 feet; thence South 67* 11' 52" West 200.00 feet; thence North 220 48' 08"West 200.00 feet to the true point of beginning. Containing 0.92 acres of land more or less. E2WWIT Page 2 of 2 FACILITIES &EQUIPMENT BLACK MOUNTAIN 1 ► Equipment Structure, 10'x 20' - 1 ► Contents: • Storage Rack • Work table • 3-Motorola relay units, Property#06455, 06016, no number • Ladder • Misc. Antenna support parts ► Security Radio Antenna ► Pager Antenna ► ACE Antenna ► Parabolic Antenna ► Parabolic Antenna mounting structure 15'x 10'x 15', concrete/steel ► Antenna Mounting Pads, concrete ► 2351.F Chain Link Fence with Gate ► Underground Electric Service from adjacent site ' All facilities and equipment sizes and locations are approximate. EXHIBIT B Page 1 of 2 r ' I I Space Systems=Mro► Tte l � � 1l 1 0 0 0 I t IPmpwbd Gate Aid—Type ACE Microwave Faciities l Antermas proposed 50 ft pole Container r FM tower-------a Existing � �eoAtainer / I / Telephone ((! power pole ° KFJC ( FM Site Gate Port of south half of mtlon 13, 175. R3w V/ SKE .YCH # 1 z5 fI ° zs PROPOSED LAYOUT EXHIBIT B Page 2 of 2 EXHIBIT C �I► REGULATIONS FOR USE OF IN IDPENrL SULA REGIONAL OPEN SPACE DISTRICT LANDS b Ordinance No. 3-1 Jul 28 1993 (Adopted Y 9 Y CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following re gulation w a a s shall be known as "Regulations for Use of 1�fidpeninsula Regional Open Space District Lands" and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Open Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space District. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of Midpeninsula Regional Open Space District. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula Regional Open Space District. SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. r CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certair lands, exempt certain lands or classifications of permits therefrom, and establish a system y of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, he conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed b the Board the laws of the Y State of Califo rnia, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and officials shall abide b the laws of the Stat e of California Y ornia and all applicable co unty, , and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinanc e unless the provision(s) conflicts with a written contract a or agreement with the District. When a conflict occurs the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California and all applicable count and other lo cal ordinances. PP Y� SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. P Y CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. 2 SECTION 301. VIOLATION IF ORDINANCE A ItiiISDEMEr R R INF .� O A r-rI( violation of this Ordinance or of any rule or regulation adopted by the Dist, the discretion of the prosecutor or the court, a misdemeanor or infraction. (. Resources Code Section 5560 ). SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. a CHAPTER TV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 eneral. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. j 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: a) accompanied by a parent or guardian; b) part of a group supervised by at least one adult responsible fox each ten or fewer juveniles; c) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as an person under the age of 18 YP ears.o Y 3 SECTION 401. SW '1NflvlINu. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUSV DEVICES.CES. 403.1 eneral. No person shall carry, Possess set, leave or deposit fire or disch arge, a, or cause to be fired or discharged across in on or into an y portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe martial arts throwing v dc ice, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exce lions. This section shall not aPPY 1 to: a) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through P b h b P b • District Lands for lawful purposes; u oses- b the possession of firearms or oth er danag erous we apons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; c) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or P a maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be r L 4 limited to, any . pfire, ground fire, warming fire, al fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendi, device. This shall not apply to the permitted use of gas camp stoves or gas lantei. when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. .407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. 5 SECTION 408. ASSENIBL'I . No person or group I shall conduct a meeting, rally, or similar event oet District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity 0 or event on District Lands without written permission when the activity or event: a) is advertised or noticed in any publication, poster, or flyer; or b) requests or requires a fee be paid for participation; or c) may be attended by 20 or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into.any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall rollerskate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device-on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of 0 0 any person, or property, of interferes with visitor activities. SECTION 410. ALCOHOLIC BEVERAGES. 410.1 -General. No person shall possess or consume alcoholic beverages except beer d an wine, and only as part of a picnic meal. 6 410.2 Designated Are No person shall possess or consu alcoholic beverages in that has been declared by the general manager or an authorized representative to prohibited area. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. 0 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription .j whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDLNG/HIKLNG TRAILS SECTION 500. RIDING/HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-wav Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction of travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the-gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area signed designated or to restrict such use. Saddle or 0 pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or .7 4.7 property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 7 501.3 Carts and 'Wagons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must C� C) stay on designated trails and roadways. 502.2 Unsafe eration. No person shall operate a bicycle in a reckless or negligent manner '� C' so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing a an A.N.S.I. or Snell-approved helmet for head protection, with the exception of the trails open to bicycles east of Deer Hollow Farm at Rancho San Antonio Open Space Preserve. 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as -a walk-only zone. Any person may dismount and walk a bicycle Z>through a walk-only zone. SECTION 503. TRESPASS. The following g acts, among others, are declared to be unlawful by 0 Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice shooting forbidding on private property. 0 ID 503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or odtupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, without the'written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: a) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof; 8 b) tear dog mutilate, or destroy any sig sign, i id, or notice forbida. 0 17 trespass or hunting on such lands; or • c) remove, injure, unlock, or tamper with any lock or any gate on or leading in such lands; or d) discharge any firearm. CHAPTER VI. PRESERVE USES - COMIMERCIAL/REVENUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, w merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. -COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands-except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras authorizing part of the bona fide reporting of news. CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hunting. NO person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 D-Q_u. No person shall allow or have a dog on District Lands except in those areas cp designated by the District. This subsection 0 shall not apply to: p a) guide and service dogs under physical control, specifically licensed to assist the 0 0 blind, deaf, or disabled; b) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Does. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challeinging in any manner, 0 people, animals, or property. 701.4 Disturbance or Tniurv-to Wildlife. No person shall allow a dog, cat, or domesticated C� animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove destroy, or in any manner disturb the natural habitat of any animal on District Lands. .701.5 Horses and Livestock. NO person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 10 701.7 Removal o, imal Excrement. No person resi ible for an animal shall allow its excrement or feces to remain in an area if it poses a health hazard, a Public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned. Animals. No person shall abandon or release a dog, cat, fish fowl, or any other living creature, wild or domestic, on District Lands without written permission. SECTION 702. NATURAL AND CULTURAL R-PqOTTTP?(-P-- e, injure, take, place, plant, collect, or remove any 702.1 Plants. No person shall dama-,g plant, tree, or portion thereof, whether including living or dead, , but not limited to 0 C., flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of' Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition,'such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or I attempt to damage, injure, take, collect, or remove earth, rocks, sand, gravel, fossils, minerals, features of caves, or any article or artifact.of geological interest or value located on District Lands. 702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2. Unlawful Construction. NO person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying" in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming cutting, grooming,, or spraying of District Lands or perform any such grounds t� C, maintenance for any purpose except by written permission. 11 CHAPTER VM. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumpin . No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands. It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition_ Litterino, is defined as the willful or negligent throwing, dropping 0 0 Of placing, or depositing of any waste matter on District Lands in other than appropriate k' C� storage containers 41 or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any 0 CD, flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: a) In areas where prohibited by "NO PARKING" signs b) On any fire trail c) On any equestrian or hiking trail d) In such a place or manner as would block or obstruct any gate, entrance, or exit e) In such a place or manner as to take up more than one marked parking space in any authorized parking area f) In such a place or manner as to block or obstruct the free flow of traffic g) Within 15 feet of a fire hydrant h) Adjacent to any curb painted red i) On any District Lands after sundown except pursuant to a written permit j) In areas signed for permit parking on District Lands without a written permit k) In any other place on District Lands not designated by the District as an authorized area 12 SECTION 802. OP_AT OF MOTOR VEHICLES• OFF AD VEHICLES. 40 802.1 General. No person shall operate, propel, or leave standing a motor veh'is le . on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt bikes," and similar vehicles. 802.2 Exceptions. This section shall not apply to: a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property, or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as pro}ided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805.- PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 13 06 805.2 AftgLHQw. tie. No person shall enter or remain on District Land "after hours" without a written permit issued by the District. 'The term "after hours- is defined as one-half hour after official sunset to official sunrise the following day. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the ]Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. 14 Le<'en(i _ � OWN SPACE �� lift(RVE rk •�-' .�•�l•`. I /' a-+ Gate(As) Ranger facility • \ ��• \ A- r '.g ( 1 aw.P, # �' ," f s +,:Ai r Trail Distance in Miles - Ci r ,.a ,_} aResidence -__---_= Vehicle Driveway i•''i, ) a o •'� �al+a.' JI 1 a._Cfltk Whole Access Trail _. - 03 �i�'eJ01 aa1ut b__,..J`1, k� //• 3 i �.; -- ........... Say Area Ridge Trail O Point of Interest •,,,.°° `• :��•••••r s's `__ t'+'' t , •i ' \o]'7 k `r•', i �aetla Var:Trail •.J / ,TN IpNI'p Backpack Campground Parkin © g lot O (B7 P. kaQ) i �t.t'•N(_i 7y !` PFN i PRfSFQVE,.PACE a _.�_.• it� i� s.a 1� Kao of j /! -''� - a6 1�a'' _�`6•P. 'l 06 Public Tel e i Roadside Parking O ePl1On k _-.�. i E ice.:` ."F'N- �%• � '' /j ( `rhq ,-� Bti '© Equestrian Parking Nature Center \ \ a3 _'`\�, 'o�,�Urh ' l AU-1m.a.cycl 1 a Eq—tia C` \".IS \ _/' \� F7 aHandicapped Parkin Only Other Public Lands sl;•l� •J� rJ.. f]eckt 1 GtionOM g caaoB r4 Dglncl ResUooms ®No Public Entry / Pow! [�11 01 nro '•'-3 t� }! .-�t�'. Myatt er teaard Lands .:'\ �•• Jr+ \� ONTEBESLQ �PEN'SPACE-PRESERVE Trail Use „ N I.`iiar ,7K� a3 �nb�.-r ```7wo�.., L/ 1 `( j•i-•� L-J� ............ Hiking Only ---- Hiking,Bicycling ..i ;•'-i - .i _i• °o `Cj� \ ! I `t� ? i Y �\ ` orw... or 7 ''���\- is ' �. i �._ Hiking,Equestrian Hiking,Bicyding,•Equestrian 4�1w' Y ca SKVLINFhRt(]GE ti t_' �- -•�7 \j` `� ,� `--��- i/ '-� •-! Note: I �- �,.anu V OPEN SP.AE_[ �! - .•t f' �/.. ._� f f ( i "W t:na! nr.0 Dogs are not allowed on these preserves Y1° �� d,o � -PRESERVE °A .t .7 .l .6 S .6 .7 .a .9 1.0 One Mile (• �`\ ,� ( / °nHpl, .\ `,t. .� -i +'''" 'Y''s>•'ai 1i.1� _r '�'/_ t- _ \•; `___ .^ rL i N{ �� ?``` s� �!� v \ ', "' ivr i_1 ,'L; ,�� as •.` j• i.•..`'•�- _•-�^ ;\ ��"'� Open Space Preserve ,: �\ _ if- a �`,� k a ;\G 5(Qv_�nSLres•k Z 1 � � I c .l ;, is » .,•`r \ 1..40Untya Park, } �tatik as ( e.9 X\ It+ai \ O Porioi ll ghl,Road bPf SPAC �p g - _ . n dosrd to hiking. N � J S 1 i '� � - � it •r''\� q6 � � -� `\� `~. �. b do and r`+ntr'an s� fnnii 07 W:1 •,1� � ! / ` \ �'.^-w •! MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Pl :<�s<iraa.. a ` _1 ,,� s.fa, TVTTT"Trr 11 Regional Open S, -ice 1 R-98-77 Meeting 98-13 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 10, 1998 AGENDA ITEM 6 AGENDA ITEM Agreement with California Department of Forestry and Fire Protection (CDF) to Conduct a Prescribed Burn at Russian Ridge Open Space Preserve s'a Part of the Second Phase of the Grassland Management Plan. GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in this report. 2. Authorize the General Manager to sign the attached agreement with the California Department of Forestry and Fire Protection (CDF) to conduct a prescribed burn at Russian Ridge Open Space Preserve as a part of the second phase of the Russian Ridge Open Space Preserve Grassland Management Plan. DISCUSSION At your regular meeting on April 8, 1998, you authorized the hiring of Rana Creek Habitat Restoration to implement the second phase of the Russian Ridge Open Space Preserve Grassland Management Plan. This phase incorporates prescribed burning as one of the management techniques to control yellow starthistle and enhance the native species diversity in grassland habitats of the preserve. District staff has worked with William Ruskin, a CDF Division Chief, to prepare the attached prescribed burn plan to be implemented this July. Rana Creek Habitat Restoration has reviewed the plan to assure the prescription meets the objectives of the Grassland Management Plan. Fire suppression and the absence of grazing has allowed the non-native grasses to form a thick mulch layer, hindering seedling emergence and survival of native perennial grasses and forbs which results in the dominance of non-native species and decreased species diversity. Appropriately timed fire: 1) removes the dense mulch layer produced by exotic annual grasses, encouraging the regeneration of native species; 2) eliminates the year's seed production of target exotic weeds, such as yellow starthistle, and consequently reduces their seed bank; 3) releases available nutrients, and 4) favors the dominance of Purple needle grass (Nassella pulchra), Blue wild rye (Elymus glaucus), California brome (Bromus carinatus) and other native grasses. Early-summer burns are scheduled to coincide with the maturation of yellow starthistle and other non-native annual grasses, after seed set, yet before the seed heads have shattered. When the seed 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 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-98-77 Page 2 heads are located above ground level, they are subjected to the hottest part of the burn. In this way the reproductive effort of the year can be nearly completely eliminated. Pre and post vegetation monitoring in the burn area will be conducted by Rana Creek Habitat Restoration. The species composition will then be compared with other management techniques identified in the Grassland Management Plan. Follow-up bums combined with other forms of control such as mowing along with seeding native species in successive years will be necessary to achieve lasting control of yellow starthistle. Objectives of a prescribed burn at Russian Ridge: 1. Reintroduce fire to a grassland ecosystem requiring fire. 2. Maintain ridgetop as grassland by controlling thistle, Harding Grass and Coyote Brush encroachment. 3. Eliminate thatch to enhance wildflower diversity. 4. Reduce fire hazard -the ridgetop grassland can function as a firebreak to stop fires coming up from the slopes. 5. Provide interagency hands-on training. 6. Develop a model program to help educate the public. Project Description The prescribed burn would be conducted under CDF's Vegetation Management Program. The District cost would be offset by in-kind labor, i.e., providing trained staff and equipment. CDF will be the lead agency for the project. They have prepared the burn plan and CEQA compliance documents. They will also obtain all permits, provide personnel and equipment to conduct the burn, and assume liability for the burn. The District will help prepare the site for the burn, provide staff to help conduct and monitor the burn, and arrange traffic control along Skyline Boulevard during the bum. The proposed burn will be contained by existing roads, disc lines and trails and will be of a size that could be burned in one day. District staff proposes burning the northeast part of the preserve, bordered on the northeast by the disc line and Skyline Boulevard, and on the southwest by the Ridge Trail which also functions as a patrol road(see attached map, area 1 & 4). Notification Neighbors of the Russian Ridge Open Space Preserve have been advised of this agenda item and will be notified of the proposed dates of the prescribed burn. In addition, the Public Affairs program will coordinate with CDF to ensure that the burn is well publicized. CEQA Compliance The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under i IM R-98-77 Page 3 sections 15304 and 15306 of the CEQA Guidelines as follows: Section 15304 allows activities resulting in minor alterations to land such as: grading, landscaping, filling of earth, trenching, and backfilling. The proposed prescribed burn is similar to these activities, in that it is only a temporary alteration to the land. The vegetation community is a grassland. No trees will be removed and the reduction of thatch and competitive species from the area will result in habitat improvements. Further exemption is covered under section 15306 which allows for "basic data collection, research, experimental management, and resource evaluation activities." This project will research the feasibility of using prescribed fire as a management tool to enhance biotic communities. Prepared by: Jodi Isaacs, Resource Management Specialist Contact person: Same as above RUSSIANtIDGE OPEN SPACL 'RESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (RR07) l , \ °.8 Ba rn 2000 �V' 1400 0.` oz200 Mt.Melville /600 may/ 11100 11 OS t �► 2200 COAL CREEK (cca) OPEN SPACE 1 Alpine Road is \ managged and maintained PRESERVE e��' o' ee05 few �di by$an Mateo County 1 (cl-d •�- �' 2000 0.3 a, b •( F'1 u08) ° 0 2400 1800 ICC11!) Py �P� 2200 0.2 16000 �£� 0.5 s (RROS) )) 0.6 24 Vis" in,�t/ ��ad Bail lir•+ 2000 (RR01) • �i 0.1 0.7 0.5 S,F (ccoa a y�aP'Spt`c$�sad ,�nNeO Meadow t� 0.8 ��2 <11 0.3 ■ O.S da 2200 (MR04)MONTE 0.3 - nioos`gELLO / Hill OPEN • Hill I 2s72' 0.3 SPACE •2• ; PRESERVE RUSSIAN RIDGE °'3 (ccan� o R' OPEN-SP 0.2• ACE Ora ' ;xsodBeTeail 0.5 � 1600 ' • - PRESERVE o.a�` •.3 1 0 2200 pncient� '4s 0.3. AlPine •2aaa�. ay• Road �O Cam'•. 2000 1800 0.2 0.1 •:® 1.0 (RR02) I_1 � 1.0 0.2 :�� (SR05) Minde LJ 0.1•• 0.1 !; go p; 1800 SKYLINE RIDGE Alpine dBPrrail \ / OPEN SPACE Pond O PRESERVE/ \ (RR03) • 17 CO-) d A 1600 W� A �w 1 0 1200 alpine Creek / ..,. 0.0 .1 .2 .3 .4 .S .6 .7 .8 .9 1.0 One Mile (\ PRESCRIBED BURN AREAS (1 and 4) FUTURE BURN AREAS 2,3, and 5) EXHIBIT A: PRESCRIBED BURN LOCATION MAP STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND RM-75(Rev.12/91) FIRE PROTECTION PRESCRIBED BURNING PROJECT STANDARD AGREEMENT Project Number: RX—CZU01 2 Agreement Number: Project Name: RUSSIAN RIDGE THIS AGREEMENT made and entered into this day of 19 by and between the State of California through the Director of the Department of Forestry and Fire Protection,hereinafter called"CDF',and Mid Peninsula Regional Open Space District hereinafter called"Cooperator",is intended to provide for site preparation,prescribed burning, and necessary follow-up activities of an area owned or controlled by Cooperator as provided in Public Resources Code(PRC)4475 et seq. The Prescribed Bum Plan for this Project is appended to and made part of this Agreement as Attachment 1. WHEREAS Cooperator certifies that he,(she,they)own or control a proposed prescribed burn area delineated on a map incorporated within the Prescirbcd Bum Plan for this Project and that this bum area is within the County of Sari Mateo upon Assessor's parcel numbers 080-271-060 080-271-011 and WHEREAS CDF certifies that the Project when successfully completed,will accomplish a purpose enumerated in PRC 4475; and WHEREAS CDF has determined that the anticipated public benefit from the proposed project will exceed the foreseeable damage that could result form the proposed Project. NOW THEREFORE, it is mutually agreed: 1. The term of this Agreement shall commence on the above date and will terminate upon satisfactory completion of the prescribed burning project,but in no event will the term of this agreement exceed three(3) years. 2. As provided in PRC 4475.1,4475.5 and 4476,CDF will incorporate all estimated costs within the Prescribed Bum Plan for this Project and apportion the prorata responsibility for CDF,the Cooperator and any participating federal land management agency.CDF estimated costs of Project completion,as a portion of the total,will not exceed the ratio of public benefits to total benefits upon non-federal lands. The Cooperator, or other cooperators to CDF on this Project,accept the responbility for the estimated costs of private benefits to be created concomitantly with the public benefits. The Cooperator's estimated prorata costs, which are itemized in the Prescribed Bum Plan, of the completed Project will be$ 2748.00 in value. 3. Any equipment included in the Prescribed Bum Plan for this Project provided by the Cooperator to offset estimated prorata costs summarized in item#2 above will include all necessary operation, repair and maintenance expenses. All personnel similarly provided by the Coopeator shall be agents of the Cooperator for purposes of Workers' Compensation. Owner shall indemnify CDF and hold them harmless for any claims from the above agents. CDF is likewise responsible for its equipment and personnel. 7540-130-0116 4. Any Cooperator may, in lieu of providing matierals, services or equipment to offset prorata costs for private benefits,establish a trust account or make a certificate of deposit payable to CDF for funds to equal the estimated prorata.costs. Disbursement of any such funds to CDF shall be made within 15 days after satisfactory completion of specified work. 5. The Ranger Unit Chief which approves the Prescribed Bum Plan for this Project will designate an Incident Commander(IC)(fire boss in PRC 4476).This IC shall have final authority (a) to approve, amend, and implement the Prescribed Bum Plan, (b) to determine that the fuel and weather is suitable,,,and that all crews and equipment are ready,;ind(c)to direct all work assignments of/public employees and persons furnished by the Cooperator until the prescribed burning is completed and the fire is declared out. The Ranger Unit Chief for this project is Steve Wert def e 6. The CDF agrees to indemnifyAand old harmless the Cooperator against liability for damages of any nature arising out the performance of this Prescribed Burning Project; provided the Cooperator provid CDF notice of any claim or inquiry arising as a result of activities of the Prescribed B ming Project within ten(10)days of receipt.In the same manner CDF agrees to inde ify any cooperating public entity that has entered into a "Fire Protection Cooperati Agreement"with CDF pursuant with PRC 4129. This agreement and the Presc i d Burn Plan represent the entire contract between CDF and Cooperator.The Project descri d within the Prescribed Bum Plan may incorporate several in- dependent agreements with perators or agencies.This Agreement may be amended at any time by mutual consent in riting. It may be cancelled by either party after giving 30 days advance notice.In the even Cooperator unilaterally terminates this Agreement,Cooperator shall be responsible for all pla ing and sitdpreparation costs incurred by CDF prior to Termination. IN WITNESS WH REOF,this Agreement has been executed by the parties hereto,upon the date first above wri n, ,with the ar`endment noted in paragraph 6. STATE OF CA FORNIA COOPERATOR Department of orestry and Fire ProtectXon L':, Craig Britton, General Manager Date Jr SURNAME: 4. Any Cooperator may, in lieu of providing matierals, services or equipment to offset prorata costs for private benefits,establish a trust account or make a certificate of deposit payable to CDF for funds to equal the estimated prorata costs. Disbursement of any such funds to CDF shall be made within 15 days after satisfactory completion of specified work. 5. The Ranger Unit Chief which approves the Prescribed Burn Plan for this Project will designate an Incident Commander(IC)(fire boss in PRC 4476).This IC shall have final authority (a) to approve, amend, and implement the Prescribed Burn Plan, (b) to determine that the fuel and weather is suitable, and that all crews and equipment are ready,and(c)to direct all work assignments of public employees and persons furnished by the Cooperator until the prescribed burning is completed and the fire is declared out. The Ranger Unit Chief for this project is Steve Wert defend 6. The CDF agrees to indemnifyAand hold harmless the Cooperator against liability for damages of any nature arising out of the performance of this Prescribed Burning Project; provided the Cooperator provides CDF notice of any claim or inquiry arising as a result of activities of the Prescribed Burning Project within ten(10)days of receipt.In the same manner CDF agrees to indemnify any cooperating public entity that has entered into a "Fire Protection Cooperative Agreement"with CDF pursuant with PRC 4129. This agreement and the Prescribed Burn Plan represent the entire contract between CDF and Cooperator.The Project described within the Prescribed Burn Plan may incorporate several in- dependent agreements with Cooperators or agencies.This Agreement may be amended at any time by mutual consent in writing. It may be cancelled by either party after giving 30 days advance notice.In the event Cooperator unilaterally terminates this Agreement,Cooperator shall be responsible for all planning and site preparation costs incurred by CDF prior to Termination. IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto,upon the date first above written With the amendment noted in paragraph 6. STATE OF CALIFORNIA COOPERATOR Department of Forestry and Fire Protection L. Craig Britton, General Manager Date SURNAME: f qlonal Open L, ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-76 Meeting 98-13 June 10, 1998 AGENDA ITEM _7 AGENDA ITEM Scheduling of a June 17, 1998 Special Meeting GENERAL MANAGER'S Schedule a June 17, 1998 Special Meeting DISCUSSION It is recommended that a Special Meeting be scheduled June 17, 1998 in order to perform the General Manager and Controller performance evaluations in Closed Session beginning at 5:30 P.M. and that the public portion of the meeting be scheduled to begin at 7:30 P.M. to review the Trail Use Plan for Study Area 2 at El Corte de Madera Creek Open Space Preserve. Both of these items require additional meeting time and therefore would be appropriate for a Special Meeting. Prepared by: L. Craig Britton, General Manager Contact person: Same as above 330 Distel Circle Los Altos,CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 - E-mail:mrosddopenspace.org Web site:www.openspace.org Hoard of Oire(tors:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff,Nonette Nanko,Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton Claims No. 98-11 Meeting 98-13 Date: June 10, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4227 131.06 ACE Fire Equipment Service Annual Fire Extinguisher Service 4228 126.69 ADT Security Service Alarm Service 4229 924.41 AJAX Portable Services Portable Toilet Rental 4230 126.65 American Traffic Supply Posts 4231 239.20 Artech Laminating Laminating Supplies 4232 59.00 •1 Atlas Heating & Air Condition Furnace Repair 4233 5.80 A T & T Telephone Service 4234 75.72 Barron Park Supply Enterprise - Circuit Breaker 4235 250.00 Bay Area Open Space Council BAOSC Conference Expenses 4236 i 5 2-9G- Beck's Shoes--Phil Hearin Uniform Supplies 163.79 4237 135.00 Bill's Towing Towing Services 4238 79.00 L. Craig Britton Reimbursement-Prof. Dues/Membership 4239 603.04 L. Craig Britton Reimbursement - L&WCF Conference 4240 42.50 Carleen Bruins Reimbursement-Prof. Dues/Membership 4241 44.33 California Water Service Water Service 4242 132.00 *2 California Dept. of Fish & Game Application Fee 4243 97.76 California Water Service Company Water Service 4244 276.68 Cascade Fire Pumper Parts 4245 895.00 Continuing Education of the Bar Legal Education Annual Fee 4246 4,:700.5G- Compurun Systems Computer Supplies/Upgrades 4,330.50 4247 40.59 Contemporary Engraving Docent Name Badges 4248 182.00 Costco Wholesale Office Supplies 4248 3,159.98 Deborah Mills - Design Concepts Graphic Design 4249 660.00 First American Title Title Insurance - Weaver Property 4250 14.00 Pauline Gambill Trail Policy Book 4251 1,328.93 Gardenland Power Equipment Field Supplies 4252 1,225.39 Gilroy Motorcycle Yamaha Parts 4253 4,391.50 Godbe Research & Analysis Public Opinion Survey 4254 97.98 GTE Wireless Cellular Phone Service 4255 -0:7.5&- Half Moon Bay Review Meeting Notification 85.50 4256 253.31 Interstate Traffic Control Products Highway Stakes 4257 -2,47-1.8;;L Irvine & Cooper Law Offices Legal Fees-MROSD vs. Ireland 2,258.13 4258 1,314.15 Irvine & Cooper Law Offices Legal Fees-MROSD vs. Esperson-Rodriguez 4259 585.00 Frank Isidoro Trail Repair 4260 1,604.27 Jeda Publications Printing Preserve Map 4261 985.00 Killroy Pest Control Application of Roundup-Contract Agreement 4262 83.94 CSK Auto Field Equipment Supplies 4263 78.81 Lab Safety Supply Water Sampling Equipment 4264 94.93 Local Government Publications Law Book Supplement 4265 874.30 Merwin Bucky Mace Acquisition Consulting Services 4266 578.64 Lucent Technologies Phone Maintenance Service 4267 137.25 MCI Long Distance Phone Service 4268 76.24 MetroMobile Communications Radio Repair & Service 4269 804.70 Minton's Lumber & Supply Field Supplies Page 1 Claims No. 98-11 Meeting 98-13 Date: June 10, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4270 156.62 Moffett Supply Co. Preserve Restroom Supplies 4271 30.00 *3 National Associations of Interpretation Entry Fee 4272 215.00 National Recreation & Park Association Membership Renewal 4273 694.99 Peninsula Blueprint, Inc. Bluelines & Printing Services 4274 42.69 Pine Cone Lumber Co., Inc. Field Supplies 4275 9241.89- PIP Printing Printing Services 922.13 4276 810.00 Peninsula Open Space Trust Analysis & Review Services 4277 4.00 Rancho Cobblers & Cleaners Field Shoe Repair 4278 14.60 Rancho Hardware Field Supplies 4279 31.83 Roberts Hardware Map Box Supplies 4280 936.11 Roy's Repair Service Vehicle Service 4281 114.75 Safety Kleen Field Machine Service 4282 1,692.30 San Jose Mercury News Recruitment Advertisement 4283 42.22 San Mateo County Times Subscription 4284 1,000.00 *4 Saratoga Springs Recognition Event Deposit 4285 141.67 Susan Schectman Reimbursement - Conference Expenses 4286 288.60 Schwaab, Inc. Office Supplies 4287 48.68 Shell Oil Fuel 4288 1,127.34 Signs of the Times Signs 4289 135.85 Cheryl Solomon Vehicle Expenses 4290 376.72 Space Designs Office Shelves 4291 48.09 Steven's Creek Ouarry Road Repair 4292 162.38 Michael Newburn Uniform Supplies 4293 8,200.00 Mike Tobar Excavation Site Clean-up Services 4294 125.14 The Tufnut Works Anti-Theft Nuts 4295 3,187.67 Turner & Mulcare Legal Services 4296 871.52 Vallen Safety Supply Field Supplies 4297 220.35 Westgroup Law Book Supplement 4298 335.58 Westlaw On-Line Computer Service 4299 21.62 Wheelsmith Vehicle Supplies 4300 470.10 Wheel Works Tires 4301 Michael C. Williams Vehicle Expenses 135.23 4302 65.98 Lisa Zadek Vehicle Expenses 4303R 1,150.00 City of Palo Alto Conditional Use Permit--Montebello 4304R 5,000.00 Lucille & William Ming Sing Lee Trust Lee Property--Sierra Azul Option Fees 4305R 293.60 Petty Cash Business Meeting Expense, UPS Postage, Field & Office Supplies and Parking Fees 01 Urgent Check Issued May 28, 1998 *2 Urgent Check Issued June 1, 1998 *3 Urgent Check Issued June 1, 1998 *4 Urgent Check Issued June 2, 1998 TOTAL 58,766.03 Page 2 C|eknn No. 98-11 MoatinQQ8-13 Date:June 1O. 1@B8 � K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT ~...~ Description N � _ AmountAmount^ 4227 131.06 ACE Fine Equipment Service Annual Fire Extinguisher Service. � � 4228 126.69 ADT Security Service Alarm Service � 4229 924.41 AJAX Portable Services Portable Toilet Rental 4230 126.65 American Traffic Supply Posts � 4231 239.20 ArtechLanminating Laminating Supplies � 4232 53.00 °1 Atlas Heating & Air Condition Furnace Repair � 4233 G8D AT8� � Telephone � i. Service 4234 75.72 Barron Park Supply Enterprise - Circuit Breaker 4235 250.00 Bay Area Open SAuuw Council BAOSC Conference Expenses 4236 152.86 Phil Hearin Uniform Supplies 4237 136.00 Bill Towing Towing Services 4238 79.00 L. Craig Britton Reim buramnnunt-Prof. Dues/Membership 4238 603.04 L. Craig Britton Raimnburm*rnent - LQ/VVCF Conference 4240 42.50 Car|man8ruina Reim burmenment-Prof. Dues/Membership 4241 44.33 California Water Service Water Service � 4242 132.00 °3 California Dept. of Fish & Game Application Fee � � 4243 97.76 California Water Service Company Water Service � 4244 276.68 Cascade Fire Pumper Parts � 4246 895.00 Continuing Education ofthe Bur Legal Education Annual Fee 4246 4.730.50 ComnpurunSyatwrna CnmnputerSupp|iea/Upgradea � 4247 40.59 Contemporary Engraving Docent Name Badges � 4248 182.00 CoxtcoWho|oao|e Office Supplies � 4248 3'159.98 Deborah K8iUa ' Design Concepts Graphic Design 4349 680.00 First American Title Title Insurance ' Weaver Property 4250 14.00 Pauline Gambill Trail Policy Book 4251 1'328.93 Garden|and Power Equipment Field Supplies 4252 1'225.38 Gilroy Motorcycle Yamaha Parts 4253 4.391.60 GodbeReueroch8/ Analysis Public Opn|onSurvey 4254 97.98 GTE Wireless Cellular Phone Service � 4255 87.50 Half Moon Bay Review Meeting Notification 4258 253.31 Interstate Traffic Control Products Highway Stakes 4257 2,471.87 Irvine & Cooper Law Offices Legal Feoa'K8ROS[} vs. Ireland 4268 1'314.15 Irvine Q/ Cooper Law Offices Legal Faeo-K4ROSD vs. Eaperuun-Rudrigu*z 4253 585.00 Frmnh |oidnro Trail Repair 4260 1'604.27 Jada Publications Printing Preserve Map 4381 985.00 Ki||roy Pest Control Application of Roundup-Contract Agreement 4262 83.94 CSK Auto Field Equipment Supplies 4263 78.81 Lab Safety Supply Water Sampling Equipment 4264 94.93 Local Government Publications Law Book Supplement 4265 874.30 K0ervv|nBuokyMace Acquisition Consulting Services 4266 578.64 Lucent Technologies Phone Maintenance Service � 4267 137.25 K8C| Long Distance Phone Service 4288 76.24 K8mtnoK8obi|eConnnmunioabonm Radio Repair 8/ Service 4269 804.70 K8inton'm Lumber 6kSupply Field Supplies 4270 158.03 Moffett Supply Co. PraaervaRea1noom Supplies 4271 30.00 °3 National Associations ofInterpretation Entry Fee � Page � Cb»hno No. 98'11 K8meting98-13 Date:June 1O. 1908 K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4272 215.00 National Recreation & Park Association Membership Renewal 4273 684.89 Peninsula 8|uepring. Inc. B|ue|inma fk Printing 8orvinom 4274 42.69 Pine Cone Lumber Co.' Inc. Field Supplies 4275 921.89 PIP Printing Printing Services 4276 810.00 Peninsula Open Space Trust Analysis /& Review Services 4277 4.00 Rancho Cobblers 8/ Cleaners Field Shoe Repair 4278 14.60 Rancho Hardware Field Supplies 4278 31.83 Roberts Hardware Map Box Supplies 4280 936.11 Roy'm Repair Service Vehicle Service 4281 114.75 Sefety0men Field Machine Service � 4282 1'692.30 San Jose Mercury Naxva Recruitment Advertisement � 4283 42.22 San Mateo County Times Subscription � 4284 1'000.00 °4 Saratoga Springs Recognition Event Deposit � 4285 141.67 SuoanSuhootnmen Reimbursement ' Conference Expenses � 4286 288.60 Schvveab' Inc. Off ice Supplies 4387 48.88 Shell Oil Fuel � 4288 1'137.34 Signs of the Times Signs 4289 135.85 Cheryl Soloman Vehioa| Eupenmea 4290 370.72 Space Designs Office Shelves 4291 48.09 Steven's Creek Quarry Road Repair 4292 182.38 Michme| Nevvburn Uniform Supplies � 4293 8.200.00 Mike TobarExcavation Site Clean-up Services � 4294 125.14 The Tufnut \Norkm Anti-Theft Nuts 4285 3'187.67 Turner & Mu|core Legal Services � 4296 871.52 VaUen Safety Supply Field Supplies 4397 220.35 \Nemtgmoup Law Book Supplement � 4298 335.58 VVeot|uxv On-Line Computer Service � 4288 21.63 VVhae|mnmith Vehicle Supplies 4300 470.10 Wheel Works Tires 4301 131.83 Michael C. Williams Vehicle Expenses 4302 85.98 Uao2odmk Vehicle Expenses °1 Urgent Check Issued K8ay38, 1998 °2 Urgent Check Issued June 1' 1998 °3 UrgontCh�ok |mouadJunm1 1998 � ' °4 Urgent Check Issued June 2' 1988 TOTAL 52'833.50 � � Page 2 | Regional MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: June 10, 1998 SUBJECT: FYI I 3.30 Distel Circle - Los Altos,CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 , E-mail:mrosd@openspace.org Web site:www.openspace.org Board of[)erectors:Pete Siemens,Mar C.Dave Jed Cyr, David T.Smernoff,Nonette Hanko,Bets Crowd..r,., ..� i..._... ag y �y, � y � y etr,Kenneth C. Nitz m Genera!Manager:L.Craig Britton Murenove,Inc. V(6W)726-8494 M16/10198 (1)8.46 AM D 1/1 - ADVISORY COUNCII R1 COAS] Q i no I OBI I OS CRFUK ROAD I JALI MOON BAY. CA 94019 (415) 796-8495 Michavl M urphy Chairman June, 10, 1999 Directors N,lidpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 via fax (650) 691-0485 Dear Directors: In spite of the overwhelming opposition by the Rural Coast residents to MROSD expanding to the rural coast, it appears the NIROSD is about to set a tragedy in motion by putting the following imiguage.on the ballot: "In order to preserve open space on the San Nlateo County coast, shall the N4idpeninsula Regional Open Space District expand its boundaries west of Skyline Boulevard to the San Nfatco County coast, from the southern boundary of Pacifica to the Santa Cruz County line?" All you have to do is limit the vote to north of Half Moon Bay and you would have a chance for approval. More importantly, you will not put NIROSb's reputation at risk by entering it brutal election campaign. An incremental approach, expanding only to the area north of Half Moon Bay at this time, would preserve the District's reputation, give you time to demonstrate to Coastal residents that you can add value to our community and alleviate concerns about the eminent domain issue. If you try to go to the Santa Cruz Count), line, you will have tells of thousands of dollars spent against you to defeat this measure. Farmers,cannot afford to give MROSD eminent domain power over them. It becomes, impossible to find investors or fund long- term projects. This is it ina(ter of(it way of)life or death, so it is better to spend any amount of money now than knuckle under. We already have pledges enough to fund all extensive campaign to defeat you. In addition, in future elections we will fund campaigns in every ward to replace the current Board with lm)ple who will permanently give up the right to eminentdomain. Given the tcslilllolly�against annexation by virtually everyone living x)tith of Half kloon Bay, this is a declaration of war. In a war, everyone loses. The MidCoast, which sceins to support annexation, will be. (hwar(ed. The Rt;ral ('oast will have to waste a tremendous amount of resources to protect our homes. NIROSD will be humiliated. We intend to make sure.NIR(DSF)loses the most. It is a sad day when one group of people tries to bully another. You said y6u wanted to find out where, you are wanted. You are not wanted south of half Moon Bay. You should pull back while you can avert this tragedy. Very truly yours, Regional Open "., e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM June 9, 1998 TO: Board of Directors FROM: Deirdre Dolan, Administrative Services Manager SUBJECT: Staff Recognition Event Save the date! Just a reminder that the Board's Staff Recognition Event is scheduled for Tuesday, September 15, from 6 to 10 p.m. at Saratoga Springs in the Santa Cruz Mountains. More information about the event will be coming in the next few weeks. 330 Distel Circle Los Altos, CA 9402 2-1 404 Phone:650-691-1200 FAX: 650-691-0485 - E-mail: mrosdaopenspace:.org Web site:www.openspace.org 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 a lie A�j aK"ND COUNTY PARKS 2800 WATKINS LAKE ROAD I WATERFORD, MI 48328-1917 TOM CAMPBELL WASHINGTON OFFICE: 157H DISTRICT,CALIFORNIA 2442 RAYBURN BUILDING COMMITTEE ON BANKING I WASHINGTON,DC 20515 PHONE:(202)225-2631 AND FINANCIAL SERVICES FAX: (202)225-6788-su.c. TTEES: E-MAIL:CA MPSE LLIB)HR HOUSE.GOV 4", E-MAIL FINANCIAL INSTITUTIONS DISTRICT OFFICE: .NO COMILI.E.CREDIT DOMESTIC AND INTERNATIONAL 910 CAMPISI WAY,SUITE 1 C MONETARY POLICY CAMPBELL,CA 95008 PHONE:(408)371-7337 COMMITTEE ON of the Zhiteb *tateq; FAX: (408)371-7925 INTERNATIONAL RELATIONS S—CONIM"Fes: wou!5e of 1X%rprv5entatibe5 INTERNATIONAL EcoNc-Ic POLICY AND TRADE AN.IcA June 2, 1998 Mr. Malcolm Smith Public Affairs Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Malcolm, Thank you for arranging the Mt. Umunhum tour for my staff and me. It was extremely beneficial for us to see first-hand and become oriented with the functions of the District and to visit the"monolith" at the Almaden Air Force Station. I personally enjoyed the opportunity to discuss various local, state and federal open-space and land-use issues with members of the Board of Directors and district staff in an informal setting. Please extend my thanks to the rangers and on-site staff who joined us during our tour. I'm just sorry that neither of us could change the weather -- maybe next time. Concerning the site's restoration and clean up, I've asked my staff to explore potential funding sources for asbestos and lead paint removal, I'll get back to you with that information soon. In the interim, I would be grateful to have your guidance and suggestions, and those of the Board members, about other funding sources for this clean up. And, I always welcome your input on related federal land use policies, including the efforts to increase allocation from the Land and Water Conservation Fund. Thanks again for setting up this tour and for your hospitality. I look forward to working with the District in the years ahead. Sincerely, Tom Campbell Member of Congress TC:dgc cc- L. Craig Britton, General Manager, MROSD PRINTED ON RECYCLED PAPER Capital Regional District Parks PARKS 490 Atkins Avenue Victoria BC V9B 2Z8 Telephone (250) 478-3344 Fax (250) 478-5416 E-Mail: crdparks@pinc.com June 1, 1998 J U N 8 ?998 Craig Britton, General Manager N`iZrENIN'SJLA REGIONAL Midpeninsula Regional Open Space District OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022 Dear Craig, I want to express my thanks to you, the Board and staff of Midpeninsula Regional Open Space District for co-hosting the recent Special Park Districts Forum. The Forum provided an excellent opportunity for us to discuss and gain information that will prove valuable in addressing current and future regional park issues here at Capital Regional District Parks. I especially appreciated the opportunity to tour and meet with the dedicated, professional and friendly staff of your magnificent Open Space system. You have both a system and staff of which I'm sure you are proud... and rightly so. I am interested in pursuing future discussions on the benchmarking survey and the possibility of establishing a strategic partnership which, as we discussed, might include Midpeninsula Open Space District and our Capital Regional District Parks. I believe there are many similarities between our agencies and systems and I will follow up on this matter in the near future. Once again, thank you and everyone at Midpeninsula for being such excellent hosts. Your efforts and expertise were greatly appreciated. Sincerely, Lloyd hton Administrator LR/mr W:\LRLISHTON\LETTERS\19198\6JUNE\BRrrTON.WPD File:2810.20.2/400.01 Pi yded Peer visit CRD Parks on the internet www.crd.be.ca/parks/ PrmtO�RBageVdnkab�e Regional Open .mow: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: June 5, 1998 SUBJECT: FYI 330 Distel Circle Los Altos,CA 94022-1404 Phone: 650-691-1200 FAX; 05 0-691-0485 # E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mar C. Dave .:.. Bets_ r, y y,led Cyr, David T.Smernoff,NonetTe Hanko, Betsy Crowder,Kenneth C:.Nitz - General Manager:L.Craig Britton MROSD - HISTORY OF LAND AND WATER CONSERVATION FUND PROJECTS PROJECT NAME GRANT NO. GRANT AMOUNT APPROVAL DATE EXPIRATION DATE SANTA CRUZ COUNTY Saratoga Summit Gateway 06-01376 $317,500.00 January 6, 1995 June 30, 1996 Acquisition SAN MATEO COUNTY Windy Hill OSP Development 06-01366 $132,080.00 March 29, 1994 June 30, 1998 Russian Ridge Trail Development 06-01289 $10,210.95 September 28, 1990 September 28, 1995 Pulgas Ridge OSP Development 06-01259 $28,737.00 September 7, 1989 September 6, 1995 Hassler Park(Pulgas Ridge OSP) 06-00661 $1,118,700.00 June 28, 1978 June 28, 1983 San Mateo Baylands Park 06-00640 $495,710.97 August 11, 1978 June 30, 1984 Acquisition Edgewood Park Acquisition 06-00700 $965,200.00 October 23, 1979 December 31, 1983 Skyline Ridge Trail Development 06-01240 $28,380.00 September 26, 1988 June 30, 1992 San Mateo Bayfront Park 06-01240 $51,730.00 January 25, 1984 June 30, 1989 Acquisition Santa Clara County Permanente Creekpark Acquisition 06-00399 $101,490.00 April 21, 1975 October 1, 1978 Stevens Creek Shorline Acquisition 06-00467 $210,496.00 May 20, 1976 December 31, 1979 Los Gatos Creek Park Acquisition 06-00773 $465,615.00 July 31, 1979 December 31, 1985 Monte Bello OSP Development 06-00911 $35,420.00 January 15, 1981 June 30, 1985 Total: $3,961,269.92 i i A K E F S RECEIVED JUN 4 "99 8 June 1, 1998 MIDPENINSULA OPEN SPACE Mr. Craig Britton General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Craig: On behalf of the Lake County Forest Preserve District I wish to commend and congratulate you and your exceptional staff and Board on one of the most successful Special Park Districts Forums ever. After one of our Commissioners and several staff members toured and learned more about your agency, they were highly impressed with the land preservation and conservation efforts of the Midpeninsula Regional Open Space District. You are fortunate to have such a talented and professional staff that was extremely courteous and hospitable in fulfilling the demands of hosting over 150 delegates from across the United States and Canada. We were especially pleased with the quality of care and dedication to preserving open space in one of the most beautiful parts of our country. The efforts of the Midpeninsula Regional Open Space District are recognized and appreciated. Best wishes for continued success. Sincgrely, ivernTIPM e s s e r I Executive Director cc: Midpeninsula Regional Open Space Board All Midpeninsula Regional Open Space District Staff Members kJ:\Wp Da tal SK M\spdeastbay9 8.wpd Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 1, 1998 Mr. Ed Miller, President Executive Office Pacific Bell 140 New Montgomery Street San Francisco, CA 94105 Subject: Windy 101 Open Space Preserve, Utility Undergrounding Job No. P3-1927Q (Portola Road, Portola Valley, CA) Dear Mr. Miller: Over two years ago, the Midpeninsula Regional Open Space District (a public agency) and Pacific Bell entered into an agreement for the undergrounding of telephone lines (see attached). This agreement was part of a larger joint undergrounding project, coordinated by Pacific Gas and Electric Company (PG and E) and involving the Town of Portola Valley and the Midpeninsula Regional Open Space District. The affected area is located along Portola Road, between Willowbrook and Westridge Drives in Portola Valley. The undergrounding of the electrical component by P. G. and E. was completed about a year and a half ago. The telephone lines remain above ground. This utility undergrounding project results from a Portola Valley Town Council condition of approval for our application to develop a public parking lot at 555 Portola Road to serve the Windy Hill Open Space Preserve. This parking lot will serve over 1,100 acres of public open space and parkland. The parking lot construction is slated for completion and dedication later this month. However, the site development permit for the parking lot includes the undergrounding. This means we cannot open the lot to the public, until the telephone lines are undergrounded, without Town Council approval. It is my understanding that both the District and Town staff have pressed for completion of this project in a timely manner. I now understand from a recent conversation between Mary de Beauvieres of our office, and Patrick McGovern of Pacific Bell, that although undergrounding these telephone lines is now Pacific Bell's top priority, the entire project isn't anticipated for completion for one to two months. Any acceleration of this schedule will be greatly appreciated. L. ri on General Manager cc: MROSD Board of Directors B. Irvine, Portola Valley Town Engineer Fred Kerr, Pacific Bell Patrick McGovern, Pacific Bell 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 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 3-175B North First Sireeo PACIFIC"'A B E L L San Jose,California 95134 IA A Pacific Telesis Company CUSTOM WORK ORDER BILLING AGREEMENT April 24, 1996 Mary de Beauvieres Mid Peninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Re: Authorization for payment of relocation cost associated with aerial to underground conversion along Portola Road. This agreement made this lst day of May , 1996 between the Mid Peninsula Regional Open Space District, hereinafter referred to as "CUSTOMER" and PACIFIC BELL, a California Corporation (otherwise known as "Pacific " or "Owner") shall become effective April 1996 and unless earlier terminated shall remain in full force and effective through July 1996. This letter is to confirm that Mid Peninsula Regional Open Space District will reimburse Pacific Bell a lump sum amount of one thousand, nine hundred and seventy dollars and no cents ($1,970.00) for the removal of aerial services along Portola Road. This amount is in addition to the six thousand seven hundred and fifty six dollars and no cents ($6,756.00) to be paid by Mid Peninsula Regional Open Space District to Pacific Gas and Electric for Pacific Bell's share of trenching cost for the PROJECT. (Within Rule 20B Portion) JOB NO. (P3-19270) PORTOLA ROAD Pacific Bell will remove aerial service wires to customers in the rule 20B portion of the Portola Road undergrounding PROJECT. This is in addition to the Rule 20A portion of the PROJECT, which is at Pacific Bell's cost. If you agree to the foregoing please date and sign the Pacific Bell copy of this letter and return it in the enclosed self-addressed envelope. Your payment should be received within thirty days of completion of the work in the field. This letter constitutes both an invoice and bill. Any coordination requirements or scheduling information can be obtained by contacting me on (408)493-7100). In witness whereof, the parties hereto have caused this agreement to be executed by their respective duly authorized r resent rive. Pacific ell Engineer Date if— P ' c B Engi eri» Manager Date 131)h a Customer Authorization Date General Manager Title of Customer Representative rr" Regional Open . _ ace V 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams,Vea Property Representative DATE: June 1, 1998 SUBJECT: Weaver Property Addition to La Honda Creek Open Space Preserve Escrow closed for the subject transaction on May 29, 1998, and title to and possession of this 13-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors. DEDICATION CHART INFORMATION Dedication Board status Approval Closing Dedication (Intended or Preserve Area Granto Date Date Date Acres Withheld?) Notes La Honda Creek James Weaver 4-22-98 5-29-98 13 withheld cc: Board of Directors D. Dolan J. Escobar B. Congdon K. Hart D. Vu H:\FORMS\CLOSING.FRM 330 Distel Circle Los Altos,CA 94022-1404 • Phone:650-691-1200 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 LA HONDA CjJEEK OPEN SPP " E PRESERVE MIDPENI HULA REGIONAL OPEN SPAS,— DISTRICT 01 f ';fyi :5}ii•` �tYr�/. r• ` r z?+ Map Lego- It f r 0-0 Oats(I) 1.0 F� f f/, ,/ / ',���� './/�;.� .% gib:• : Nollce' Trail ista cr '' !' `,s No parking along '��r8.....1i�da�_�eT< � y Road /'%•!. '� �! / r• ro Allen Road or outside _ R -•- ? Access. i '•'• ' preserve gate. Trail Bridge fip}T, �c5y n+ ', ; !f• �/ / vehicle DfN9W8y \ �f , }:Y,>'i ti. Roadside Parki• 0-2 /lam Entry - / !� Y1�f. 1800 •� • '�//r' l Poolrooms Parking by ., permit only. No cars '' %`%l. ` / beyond � '/'•( cJ % �•� ` 1 t %�,r' u lout. g� 1 �i "i p ,j" 0.2 Caretaker it >Tf991 i� � •� j ."�`,r �. / QDO Point oflnleres :FF;.J ;; % i yk%�� / -l._-� \ 2t11>D � ....•'1�,`._�' ri ,¢ 1200 0.5 Other Public Lan 1 r.•. J vista / Point No Public Enlr} !':^:�;.:.,`} ;BC`}..yti`•:...ems: ;}. `, a- +'•`- -' ;•('.•tip ; /i r Trail Use C� t;} ,a-�a`�' �, r.' ,gL`. , Hiking,Bicyclinc Equestrian Ay \\4` o' "� ,:' ,%, % Hiking,Bicycling r % S ♦ ,,Ib' yt'`•.^t� j''i5�? �" ' �y // I,I Hildngonly CLOSED AREA' f .? :. .` PROPOSED ACQUISITION j'%!: ,!,! ,//F; �: •�C`' �., ;i7�. :\• a`!} i}`.f•'` '•:s�:•.F4Sr, ,� -r/r.' � �/ ;v_•� '�` • , x (WEAVER) s.: 'g%i r%r1 %•.' .`t'= EXHIBIT A: SITE MAP 12/17/9' ' 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 One Mile Regional Open ,ace ' 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 28, 1998 Portola Valley Town Council do Susan McGowan, Town Clerk Town of Portola Valley 765 Portola Road Portola Valley, CA 94025 Subject: Windy Hill Open Space Preserve Parking Lot Development Dear Mayor Nielsen and members of the Council: The Site Development Permit for the construction of the Portola Road parking lot for Windy Hill Open Space Preserve (adopted in Town Council Resolution 1218-1987) required undergrounding of telephone and electric lines along the Portola Road frontage of the property. In 1995, the Town and Open Space District worked with Pacific Gas and Electric Company and Pacific Bell Telephone to underground the utility lines along Portola Road between Willowbrook and Westridge Drives in Portola Valley. The undergrounding of the electrical lines, coordinated by Pacific Gas and Electric Company, was completed in 1995. The remaining overhead lines seen along the affected section of Portola Road are telephone lines. Their undergrounding has been delayed due to the complex redesign by Pacific Bell of some of the circuits and components. Patrick McGovern of Pacific Bell, assures us that the project has recently become a top priority for Pacific Bell, and will be completed within the next one to two months. My reason for writing at this time is to request that you take the necessary action to allow your Town Engineer to finalize the development permit for the parking lot prior to the completion of this undergrounding project. Pacific Bell's activity is beyond our control, despite numerous discussions on the part of both the Town staff and District staff to encourage them to complete their obligation. This will enable the Open Space District to open the parking lot to the public as soon as the project is complete. I know you are as anxious as we are to open the parking lot to the public as quickly as possible. Unfortunately, rain delays have affected the completion of the parking lot. However, we do anticipate holding a dedication event upon its completion. I am hoping, in the very near future! Sincerely, ohn M. Escobar Assistant General Manager JME:mdb cc: L. Craig Britton, General Manager 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 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 Fred Korzon Pecky D.Lewis,Jr. George W.Kuhn Chairman Nancy McConnell 6)CAKLAND Ralph Richard Ruth Johnson Frank H.Millard,Jr. Executive Officer Vice Chairman Charles E.Palmer Jon J.Kipke Richard D.Kuhn.Jr. Richard Skarritt COUNTY PARKS J.David VanderVeen Assistant Manager Secretary 2800 Watkins Lake Road • Waterford, Michigan 48328-1917 248.858.0906 Fax 248.858.1683 TDD 248.858.1684 1-888-OCPARKS • www.co.oakland.mi.us _ RECEIVED JUN 1 lg 98 ENI May 26, 1998 MIDPOPEN SPACE D STPT REGIONAL Craig Britton Midpeninsula Regional Open Space District 330 Distel Circle Los Altos CA 94022 Dear Craig, Commissioners and Staff: You, your staff and Commissioners definitely put on a great show. Your attention to detail in highlighting the programs and operations of your fine park district were very evident. Your hospitality and the shared opportunities for professional development ranked this years Special Park Districts Forum as one of the best that I have attended. I always look forward to the annual opportunity to share the personal and professional achievements/concerns of the past year. Please extend my sincere appreciation for a job well done to everyone involved in making the Forum a huge success. L:?aniel erely, J. Stencil Chief of Parks Operations 5/27/98 16:35 C(4081 378-3920 Navarone Mailing Services Eric Haber-;Malcolm Smith 212 Navarone Mailing Services NAVARONE 504 Vandell Way Suite B Campbell, CA 95008-6925-04 Malcolm Smith May 27, 1998 Midpeninsula Regional Open Space District Re: Confirmation of Coastal mailing Malcolm:alcolm: This letter is to confirm Navarone Mailing Services mailed 12,933 pieces,as Per your prescribed criteria,via the San Jose Main Post Office,on March 6, 1998. Address labels were procured (as ultimately provided by the United States Postal Service)for service areas(ZIP codes)94018(El Granada),94019(Half Moon Bay),94020(La Ronda),94021 (T,oma Mar),94037(Montara),9403R(Moss.Reach),94060(Pescadero)and 94074(San Gregorio). (Total count of addresses requested and received: 12,933) Designated pieces(brochure and cover letter)were inserted into your envelopes and sealed, labels affixed and,as documented in the LISPS receipt provided with your invoice,mailed on the above date. .As the postal service will attest,a few addresses may fail to be included in a given database for a given service area for a myriad of reasons; for example,input errors or lack of recent updates. It is also possible that our machinery here at Navarone may have destroyed a label or two beyond repair; however,the number of total pieces mailed matches the label count Furthermore, presentation of a bulk mailing is calculated by weight; any significant deviation would be noted by postal employees,effectively suggesting an error for piece count on the part of Navarone. This function would also identify any significant lack of inserts. Also in regard to the possible lack of inserts, it is difficult to imagine how a significant number of envelopes could leave Navarone empty as we insert first and label second. The labeling machine feeds with a gauged gate, making it impossible for empty envelopes to pass unnoticed. It is conceivable the seal failed to hold in a few cases allowing the inserts to fall out; however,this seems Improbable as those pieces inserted quite tightly and,therefor,securely into catalogue envelopes. In closing, please realize it is Navarone's responsibility to process and deliver designated mailpieces to the USPS. At that point, both Navarone and our clients are at the disposal of said service and any, however minor or infrequent, failures to perform therefrom. Please do not hesitate to contact me,Malcolm,should there be anything I might clarify or elaborate upon for you. Thank you. Sincerely, Eric 3 Haber Vice President VCE (408) 378-8177 Complete Mail FAX (408) 378-3920 Processing Service