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HomeMy Public PortalAbout19980624 - Agendas Packet - Board of Directors (BOD) - 98-15 Regional ce . -I j MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i I I i Meeting 98-15 i REGULAR AND SPECIAL MEETINGS — I BOARD OF DIRECTORS AGENDA* I i 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California June 24, 1998 ***PLEASE NOTE*** 6:30 P.M. Closed Session Start 77me 7:30 P.M. Public Meeting Start 77me (6:30) ROLL CALL � SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Public Meeting, and at the conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Public Employment - Government Code Section 54957 i Public Employee Performance Evaluation - General Manger 2. Conference with Labor Nego is or - Government Code Section 54957.6 Agency Negotiators: Betsy Crowder, Pete Siemens, Ken Nitz Unrepresented Employees: General Manager (7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public it ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder 330 Distel Circle - Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@operispa(:e.org Web site:www.openspace.org � BOdrf}of Oireetors.Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernott, Nonette IIanko, Betsy Crowder,Kenneth C. Nitz .(;metal Manager:I.(gait;Britton i i I Meeting 98-15 Page 2 I *** WRITTEN COMMUNICATIONS BOARD BUSINESS (7:45) 1. Resolution Declaring the Board's Intent to Establish an Advisory Committee for the Purpose of Reviewing and Recommending Revisions to District Policies as They Relate to the Coastal Area of San Mateo County Under Consideration for Possible Annexation Into the District-- C. Britton (8:05) 2. Resolution Calling an Advisory Election and Requesting Election Consolidation and Administrative Services-San Mateo County -- S. Schectman (8:20) 3. Consider Authorizing Staff to Commence with Preliminary Research and Planning Process for Any Potential San Mateo Coastal Annexation and Authorization for a Budget Transfer from the New Land Purchases Category in the Amount of$60,000 to Cover the Estimated Cost of this Preliminary Process -- C. Britton (8:45) 4. Authorization for the General Manager to Execute an Agreement to Retain Timothy C. Best, Certified Engineering Geologist, in the Amount of$15,000 for Consulting Services on Road and Trail Repairs and Maintenance at Purisima Creek Redwoods Open Space Preserve($6,000)and El Corte de Madera Open Space Preserve ($9,000); Determination that the Proposed Watershed Assessment Project is Categorically Exempt from the California Environmental Quality Act; and Authorization for the General Manager to Execute an Agreement with Coyote Creek Riparian Station in the Amount of$12,000 to Provide Hydrological Consulting Services for Watershed and Fisheries Assessment at El Corte de Madera Open Space Preserve--R. Anderson (8:50) 5. Approval of Salary Adjustment for the Controller and Approval of Amendment to Controller's Employment Agreement--B. Crowder Resolution Amending the Controller's Employment Agreement to Reflect an Adjusted Salary of$15,000, and to Add Reimbursement of Up to a Maximum of$2,800 for Computer Equipment *** 6. Proposed Amendment to Purchase Agreement for Acquisition of Aitken Property Addition to Russian Ridge Open Space Preserve--M. Williams Resolution Authorizing Acceptance of Amendment to Purchase Agreement, Authorizing Officer to Execute Grant Deed to Complete the Boundary Reconfiguration of Parcels, 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.) *** 7. Final Approval of Amendments to the Site Naming and Gift Recognition Policy —M. Smith *** 8. Final Adoption of an Amendment to the Use and Management Plan for Windy Hill Open Space Preserve to Upgrade the Spring Ridge Picnic Area and Install a Commemorative Bench on Anniversary Trail --M. de Beauvieres Meeting 98-15 Page 3 *** 9. Final Adoption of an Amendment to the Use and Management Plan for Monte Bello Open Space Preserve to Reconfigure the Black Mountain Backpack Camp and Revise the Conditional Use Permit with the City of Palo Alto--M. de Beauvieres *** 10. Final Adoption of an Amendment to the Use and Management Plan for the Hickory Oak Ridge Area of Long Ridge Open Space Preserve to Realign an Approximately .01 Mile Segment of the Bay Area Ridge Trail —M. de Beauvieres (8:55) 11. Approval of Subsequent Settlement Agreement Documents for Proposed Acquisition of the Russian Convent of Our Lady of Vladimir, Inc. Property Creating the Mills Creek Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Authorization for the Execution of the Real Estate Purchase Agreement and Attached Documents Between the District and Russian Convent of Our Lady of Vladimir, Inc. Implementing the Settlement and.General Release Agreement Signed Between the Parties on April 8, 1998; Adoption of the Preliminary Use and Management Plan, Including Naming the Property Mills Creek Open Space Preserve; Indicate their Intention Upon Acquisition to Dedicate the Fee and Open Space Easement Portions of the Property as Public Open Space; and Reaffirm Authorization for the General Manager to Enter Into an Agreement for Professional Services to Seek an Alternative Site, Upon Request by Russian Convent of Our Lady of Vladimir, Inc. -- S. Schectman (9:10) 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. I June 18, 1998 Betsy Crowder, Chairman MROSD Board of Directors 333 Distel Circle Los Altos, CA 94022 Dear Betsy I was surprised and concerned about several things at last night's Board meeting, the most important of which are two: 1. Cost of the long, tedious process that has consumed planners and participants'time over these last five years. I certainly believe in involving the public in the planning process. But I also respect the abilities of experienced, professional staff people. Both the Senior Planner Mary, and the Superintendent of Operations John, have demonstrated their commitment and ability to do a good job for the District. I'm very sorry that your Board chose to override their recommendations. I would be interested in knowing the proportion of District dollars spent on Use and Management Plans and how this particular Plan compares to other Preserve Plans. 2. Disregard for staffs reasoned, reasonable, and long-thought-out recommendations—does your board always begin the planning process all over following public discussion and staff reports? I'm writing this because I care very much for the District, for its staff, and As mission. I felt discouraged after last night's meeting. Sincerely, Jean Rusmore cc: Craig Britton Board Members RESPONSE ACTION PROPOSED BY STAFF Date: Thu, 4 Jun 1998 10:33;-..) -0700 Board President Acknowledge/Respond To: mrosd@openspace.org Director_Acknowledge/Rtspond From: "Steve Wolf (x5298) " <swolf@octopus.wr.usgs.gov> Staff Acknowledge/Respond Subject: LROSP - Dog access Draft Response Attached Staff to be Directed to Prepare Draft X-Rept-To: mrosd@openspace.org Response for Board Consideration per Board D ct. a) Dear Board, No Response Necessary Thank you for your response to my email of 4/29 regarding dog access to Long Ridge Open Space Preserve. Upon receipt of the response, I forwarded it to the other eight residents involved with this issue and asked for feedback and comments. It is my understanding that five of the nine resident requests for Board response arrived at the District office after the cut off date to be included in the Board packet for the last meeting. Apparently they are in the packet for the next meeting. It has also been indicated to me that those five residents will likely receive a response similar to mine. I, and the other residents, find the Board's response unacceptable. We all agree we will continue with this issue, with whatever it takes, to reach some form of relief that is acceptable to us, and the District. In preparing your responses to the remaining five, please take those findings into consideration. This past weekend a very bad accident occured on Skyline Blvd near the Grizzly Flats parking area to LROSP, one which was caused by high speed motorcycle traffic whereby two motorcycles clipped each other sending one head on into another vehicle. we bought this increasingly dangerous nature of Skyline to the Board's attention. This accident supports our comments in asking the Board to provide some form of relief to the residents who are forced to walk their dogs along this stretch of highway due to the closure of LROSP to dogs. Consider what the consequences would have been if any of us, and our dogs, were in the wrong place at the "right" time. This accident is only one of more to come and has given us additional incentive to find a solution. It is only a simple matter of willingness on both our parts to work together to find that solution. Without getting into details, at this point in time, I would like to comment on a few points you made in your response to me: Windy Hill is currently as was LROSP, a Preserve open to dogs on a partial access basis which conflicts with the District policy you cite as part of the decision to close LR. The boundary established by the District for LR put Peters Creek off limits to dog access. The study by Dr. Mc Guiness apparently found no damage by dogs to discuss in it's findings and thus was "inconclusive" . I would suggest that the damage by feral pigs, currently in the Peters Creek riparian habitat, will out surpass the damage dogs could ever do if allowed there. The printed matter I received over the years from the dog committee, from my recollection, did not discuss "core,, hours or days, nor, for example, the use of bright colored, numbered, District approved, dog vests to facilitate enforcement of dog access. Additionally many of us attended those dog committee meetings during that process you refer to. All we are asking for, is for you to work with us, as your neighbors, and local residents to LR, to find a mechanism which will allow us to get off Skyline Blvd before we become a statistic as cited above. We have collectively offered many suggestions which deserve discussion. Comments would be appreciated. Respectfully submitted, Steve Wolf June 25, 1998 Mr. Steve Wolf Email: swolf@octopus.wr.usgs.gov Dear Mr. Wolf: Thank you for your email of June 4 regarding dog access at Long Ridge Open Space Preserve. As you know, your email did not arrive in time to be included in the Board's agenda packet for the June 10 meeting, so the Board reviewed your comments at its meeting last night. You may also know that the other residents in your area who wrote to the Board on this matter have been provided with responses, similar to that which we sent to you after your earlier letter. Our belief continues that at this time there is adequate access for dogs at a suitable number of District preserves. Many people from throughout the District enjoy this access, including those that drive from a distance. Coal Creek, Windy Hill, and Thornewood Open Space Preserves are within easy driving distance from the Long Ridge area. Rather than walk along Skyline Boulevard, my suggestion is to consider going to one of those preserves, or another that provides for dog access. The District cannot be held responsible for someone who chooses to walk their dog on a public roadway in the vicinity of a preserve that doesn't allow dogs. When the Board made decisions regarding dog access at Windy Hill, it was deemed appropriate to look at this preserve in a different manner, as a sort of test case. As you know, we have expanded dog access there on a trial basis, with volunteers monitoring trail uses and compliance with various regulations, as well as determining the degree of waste pile clean up. This monitoring is not taking place at any other preserve, making Windy Hill a unique situation. An important element in the District's decisions on access at a given preserve are related to the public's perception of the issue. These perceptions, while of a more emotional/aesthetic concern than serious environmental impact concern, are nonetheless very real to the members of the public involved. Some of the specific concerns that other trail 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 wildlife, and certainly decrease the ability to observe wildlife on the trail; many people object to dog waste on the trail and find it more objectionable than horse droppings; and some are concerned that dog waste can cause contamination of local water supplies. June 25, 1998 Mr. Steve Wolf Page -2- It's important to understand that it is the Board's responsibility to resent the District's P P Y represent entire constituency. To do this, we must take into account the desires of the various special interest groups, combined with our own understanding of the issues and the responsibility to represent the other constituents throughout the District. Based on this, we feel that at the current time the level of dog access meets the needs of the greatest number of people in our constituency. Thank you again for writing and expressing your views, which the Board appreciates. Sincerely, Betsy Crowder President, Board of Directors LC B/mcs cc: MROSD Board of Directors i Scott Boyd, 01:57 PM U/24/98 Our support for ti,_ MROSD advi Return-Path: scott@montara. com Date : Wed, 24 Jun 1998 13 : 57 : 45 -0700 To: mrosd@openspace .org From: Scott Boyd <scott@montara . com> Subject : Our support for the MROSD advisory vote Cc: midcoast-1@lists . sanmateo.org X-Rcpt-To: mrosd@openspace .org June 24, 1998 To: The Hon. Betsy Crowder, President, and members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022-1404 650 . 691 . 1200 Fax: 650 . 691 . 0485 e mail : mrosd@openspace.org From: Scott and Michelle Boyd P.O. Box 370553 Montara, CA 94037 e-mail : scott@montara .com re: Establishing a Coastal Advisory Committee Agenda Vote on Extending the MROSD Boundaries to the San Mateo Coast Dear President Crowder and Members of the Board; We heartily endorse MROSD' s advisory vote on extending MROSD boundaries to the coast . Chuck Kozak' s letter for the Coastal Alliance couldn' t have said it much better. We and our family welcome your efforts with open arms . It seems that developers are seeing how far they can stretch the rules at every opportunity to convert ag land, open space, and even park land into developed parcels . The pressure on our remaining resources is enormous . It ' s time to make open space a priority on this side of the hill, and to strike a balance in the way that we grow our communities . We have no expectation that MROSD will have any magic bullets to automatically buy every undeveloped parcel in sight, or even that such a magic solution would be beneficial . Rather, we hope that MROSD can help make the acquisition and ongoing maintenance of open space a common occurrence . People all up and down the Peninsula come to this special place in large part because of the open spaces and tremendous natural resources . We are confident that very few of those visitors have any idea that the open spaces they see today are unlikely to be open spaces in the future . We know, for example, that our young daughter cried for half an hour when (Printed for Open Space District mrosd@openspace.org> 1 I Scott Boyd, 01:57 PM �i24/98 , Our support for t2.— MROSD advi she first learned that the land between Montara and McNee Ranch State Park was likely going to be developed. Until then, all we knew was that she liked walking in the meadow. We had no idea how deeply it would touch her. To be sure we felt the same way but didn' t show it . She was the one who honestly showed how she felt . We normally try to stay away from dragging in emotional stories on issues like this, but we were the ones who had to sit with her and try to comfort her for that period. It touched us deeply, too. MROSD' s participation in the prioritization of open space on the coastside will help not only directly through acquisition of lands, but also by providing an able and competent open space management organization to manage lands acquired by other open space groups . Land purchased for open space doesn' t stay open space without a reliable land management organization, and MROSD has proven itself over the years in serving the existing district . We believe that by working together we all can make the most of the available resources to extend the legacy afforded us by such historical actions as the Coastal Bond Act . A good deal of land was purchased for public use and open space back then, but the job wasn' t finished due to lack of funds . Now is the time to get back to work, to find and preserve those portions of the coastside that we wish to leave as a legacy to future generations . Our children will thank us . Sincerely, Scott and Michelle Boyd i !Printed for Open Space District tmrosd@openspace.org> 2 Chuck Kozak, 12 :33 AM o/24/98 Re: MROSD Meeting 6/24 (Long) Return-Path: cgk@montara . com X-Sender: cgk@hax. com Date : Wed, 24 Jun 1998 00 : 33 : 13 -0800 To: "Coastside Discussion List" <Midcoast-L@lists . sanmateo.org> From: cgk@montara . com (Chuck Kozak) Subject : Re : MROSD Meeting 6/24 (Long) Cc: mrosd@openspace.org X-Rc t-To: mrosd@o ens ace .or P P P 9 At 5 : 05 PM 6/23/98 -0700, Michael Murphy wrote: > Open space versus empty space . . . . . Before we all rush to our checkbooks to supply Mr. Murphy with his six-figure campaign budget, let ' s examine some of the facts, or in this case, the lack of facts : * Is there any substance to the claim that the actions (i . e. , the recent Coastal Protection Initiative) of these "empty space advocates" (cute term, btw, but cheap) has had any effect on the number and acreage of active farms in the rural coast? What I ' ve seen is a strengthening of the LCP and zoning regulations that further maintains the rural and agricultural character of the area . This was done through umpteen public hearings before the Planning Commission, the Board of Supervisors, and the Coastal Commission, "in the full night of day" as Supervisor Nevin might say. * Is there any substance to the claim that anyone ' s home is at stake here? What appears to be at stake is unnecessary subdivision and over-development . * Perhaps it is a good idea to remember that this will be an _ADVISORY- vote - this does not automatically make annexation to the district happen. There is still a lengthy and complex LAFCO process to go through afterwards, with public hearings and various mechanisms to force challenge votes, if necessary, that would be binding. The point of this advisory vote would be: This is the MROSD, this is what it does and how it does it . Do we want this on the coast? If so, what does the MROSD need to change to make it work? What do we need to change to make it work? Do we want to do that? * Another item on the 6/24 agenda is the formation of an coastal advisory committee after the election, to work on the identified issues with identified _valid_ stakeholders on how the district might function effectively on the coast . For the district to forswear or predetermine policies or regulations for the coast before the election in response to threats of unsubstantiated opposition would not only be premature and contrary to its charter and responsibilties, but a possible violation of state campaign laws . If this were an election that would result in jack-booted district rangers swooping down on Mr Mruphy' s property and turning it into some sort of eco-disneyland for rich tree-huggers, I could understand his concern. But Printed for Open Space District <mrosd@openspace.org> 1 I _— Chuck Kozak, 12 : 33 AM o/24/98 Re: MROSD Meeting 6/24 (Long) let ' s stay real here . This is an advisory vote for the coast to see if they want MROSD to help them protect rural lands . And instead of vowing a nasty campaign (certainly not my intention - those with dirt are the first to sling it) , let ' s see one with full public debate and exposure of the facts so the citizens of the coast can decide what they want . chuck ,,Printed for Open Space District <mrosd@openspace.org> 2 Tim Duff, 09:29 AM 6/,.a/98 , Coast Expansion Measure Return-Path: tim@montara .com Date: Wed, 24 Jun 1998 09 :29 : 41 +0100 To: mrosd@openspace.org From: Tim Duff <tim@hax. com> Subject : Coast Expansion Measure X-Rcpt-To: mrosd@openspace .org June 23, 1998 To: The Hon. Betsy Crowder, President, and Members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022-1404 (650) 691-1200 FAX: (650) 691-0485 email : mrosd@openspace.org Pace.or g From: Tim Duff PO Box 370575, Montara, CA 94037 Voice & FAX: (650) 728-2948 email : tim@montara .com Re: 6/24/98 Agenda Items for Coastal Advisory Committee and Expansion of District Boundaries to the San Mateo Coast Dear President Crowder and Members of the Board: I support your motion to establish a Coastal Advisory Committee and to put the the District expansion to the coastside on the November, 1998 ballot . Recent polls show that nine out of every ten coastal residents believe it is important to preserve open space on the coast and nearly two-thirds support the extension of the district boundaries to include the coast . An advisory measure to guage voter support for the district ' s proposed expansion to the area is an appropriate next step to take . In addition to funding the acquisition of significant sensitive habitat lands along the coast, and protecting agricultural lands through the purchase of easements and development rights, the district ' s management capabilities would be extremely valuable for existing public lands in need of effective stewardship. As a resident of the coastside, I enthusiastically welcome your district ' s efforts to create open space management and acquisition opportunities here on the coast and encourage your fellow board members to support motions on tonight ' s board agenda to take the proposed next steps in that direction. Sincerely, Timothy Duff iPrinted for Open Space District <mrosd@openspace.org> 1 Kathryn Slater-Cart, v:0:31 AM 6/24/98 Our suppo...c for the MROSD advi Return-Path: kathryn@montara .com X-Sender: kathryn@hax. com Date: Wed, 24 Jun 1998 09 : 31 : 52 -0700 To: mrosd@openspace.org From: Kathryn Slater-Carter <kathryn@hax. com> Subject : Our support for the MROSD advisor vote PP Y Cc: "Coastside Discussion List" <Midcoast-L@lists . sanmateo.org> X-Rcpt-To: mrosd@openspace.org June 23, 1998 To: The Hon. Betsy Crowder, President, and members of the Board of directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022-1404 650 . 691 . 1200 Fax: 650 . 691 . 0485 e mail : mrosd@openspace.org From: Ed, Kathryn, Kacie and Will Carter P.O. Box 370321 Montara, CA 94037 e-mail : kathryn@montara .com re: Establishing a Coastal Advisory Committee Agenda Vote on Extending the MROSD Boundaries to the San Mateo Coast Dear President Crowder and Members of the Board; We applaud your support of community efforts to expand the MROSD to the San Mateo Coast . As long time residents of the MldCoast we have seen County policies move from protection of the unique Coastal community and environs to allowing exploitation of it . It appears that incentives are given to farm marginally in order maximize development potential . The County is now interpreting the LCP in a most limited and shortsighted manner. The community needs the opportunity to vote for alternatives to the current administration of the LCP. Kathryn Slater-Carter Printed for Open Space District <mrosd@openspace.org> l i Merry Ann Moore, 05: 0... AM 6/23/98 Addition of ta.e San Mateo mi.dc Return-Path: merryann@concentric.net Errors-To: <merryann@concentric .net> Date : Tue, 23 Jun 1998 05 : 01 : 18 +0100 From: Merry Ann Moore <merryann@concentric.net> Organization : Moore Creative To: "Hon. Betsy Crowder" <mrosd@openspace .org> Subject : Addition of the San Mateo midcoast to MROSD X-Rcpt-To: mrosd@openspace.org June 23, 1998 The Hon. Betsy Crowder, President, and members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022-1404 I am writing regarding two items on your agenda for tomorrow' s meeting. I attended the recent hearing in Half Moon Bay on MROSD' s tentative plans to expand to the coastside. I strongly support the possibility of MROSD expansion to the San Mateo coastside. A coastal advisory panel composed of ranchers, ag interests, environmental Y activists and local elected officials to la out appropriate policies tailored to this unique region is absolutely essential for long-term success . This panel should include representatives from Montara and other unincorporated areas . Please adopt this resolution. I also strongly support your proposed motion to place the Advisory Vote for Coastal Expansion on the November 3, 1998 ballot. Moreover, I fervently hope that expansion of the district will take place as promptly after that date as possible . Time is of the essence in getting greater protections for threatened open space here . Thank you for considering my views . Sincerely, Merry Ann Moore P.O. Box 371179 Montara, CA 94037 650-728-8703 merryann@concentric.net p. s . Please give this email letter the same weight as a hard copy letter; I correspond almost solely by email . lPrinted for Open Space District <mrosd@openspace.org> 1 r 1 - y- _ Y_ Mar Hobbs 10 . 01 PM vi23/98 Advisor vote Return-Path: mary@hax.com Date: Tue, 23 Jun 1998 22 : 01 : 54 -0700 (PDT) X-Sender: mary@hax.com (Unverified) To: mrosd@openspace.org From: Mary Y Hobbs <mar @hax. com> Subject : Advisor vote Y X-Rcpt-To: mrosd@openspace. org June 23, 1998 Pr To: The Hon. Bets Crowder, President, and Members of the e Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022-1404 650 . 691 . 1200 Fax: 650 . 691 . 0485 e mail : mrosd@openspace .org From: Mary Hobbs, P.O. Box 69, Moss Beach, CA 94038 email : Mary@hax.com, phone: 650 728-5012 re: Ballot measure to extend the MROSD to the San Mateo Coast Dear President Crowder and Members of the Board; I am a member of the Coastal Alliance Steering Committee / Open Space Task Force, and also a member of the MidCoast Community Council and chair of its Parks and Recreation Committee . Hardly a day goes by without a local discussion of a priceless parcel of land here on the coast that is threatened with development and that we wish we could purchase as public land. The thought of the MROSD expanding its boundaries to the coast is a dream come true for us, and I am pledged to support the ballot measure to pursue this dream. Not only can you provide funding, but you have an excellent track record on maintanence of open space as well . I urge you to take the next step and place this measure on the ballot . Thank you all for the hard work you have already put into this effort . Yours Sincerely, Mary Hobbs Mary Hobbs Printed for Open Space District <mrosd@openspace.org> 1 Dennis Coleman, 02 : 38 AM 6/24/98 Support for Putting MROSD Expa Return-Path: coleman@coastside.net X-Sender: coleman@coastside.net (Unverified) References : <v03lO2800blb4f9O8770e@ [206. 184 .243 . 66] > <12fccd30 . 358eba4d@aol .com> Date: Wed, 24 Jun 1998 02 : 38 : 03 -0700 To: mrosd@openspace .org From: Dennis Coleman <coleman@coastside.net> Subject : Support for Putting MROSD Expansion on Ballot Cc: "Coastside Discussion List" <Midcoast-L@lists . sanmateo.org> X-Rcpt-To: mrosd@openspace .org Dear MROSD Board Members : There would be no need for MROSD: - If profiteers ever showed even a little voluntary restraint; - If the needs of the many ever really outweighed the needs of the few; - If LCP loopholes were not constantly sought out and abused by the good ole boys; - If existing government was not the best money could buy; - If the baloney was not being sold one slice at a time; - If overdevelopment was the exception and not the rule; - If take the money and run was not the prime directive; - If we had not been lied to so many times; - If the greed gene was not so dominant in so many wannabees; - If people weren' t being paid to say what they' re saying. Unfortunately, none of these statements has ever been operative on the Coastside, at least for very long. Sooner or later, the Coastside has an unproud history of being of exploiters, by exploiters and for exploiters . That ' s because so many can make a living doing it, and so few can make a living preventing it . Just because manipulation of people and places is possible and profitable in the short term doesn' t make it responsible and conscienable in the long term. You help level the playing field. Current Coastside development trends are such that MROSD could not possibly make the prognosis worse here, even if you tried, and you don' t have a history of doing that . I say just do it again. Thanks for considering this input . Dennis Coleman, Half Moon Bay City Council Printed for Open Space District <mrosd@openspace.org> 1 Murenove,Inc, 1W(650)726-8494 rh6/23/98 i1j4:37 PM L)2/3 P,L, COAST ADVISORY COUNC11, 2 1 oo t ORITOS CREEK ROAD -HALE MOON BAY, C A 94019 (415) 726,84195 Michael Murphy Chairman June 23, 1998 I)i rectors Mldpenlnsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404, via fax (650) 691-0/485 Dear Directors: Open space versus empty space. Those of its who have chosen to live on the rural coast obviously want open space. We do not want to live in urban areas. We are willing to put up with long drives over second-class roads, frequent power outages and high property taxes to live on large parcels of land in an agricultural community. Another group of people who do not live in our area want empty space. They want few houses to be built, and have succeeded in blocking new housing to a level far below the Local Coastal Plan. They want those houses hidden away from each other, so we cannot see our neighbors. 'They want to squeeze farmers out, and have succeeded in driving down the number of farms virtually every year. The recent Local Coastal Plan amendments are an additional burden that will accelerate the demise of farming. A war between the residents and the empty space advocates has been underway for many,years. Now, MROSD is being lured into this war. You are being asked to annex an area you don't understand, under policies you have not yet defined, over the opposition of well-financed opponents who feel their very homes are at stake. This Board has an obligation to act responsibly, not only towards its cut-rent and intended constituency, but also to its own self-interest—preserving the reputation and power of MROSD for future Boards and future generations. There are three responsible actions you can take,tonight: 1. Postpone an advisory vote on annexation until clear policies can be worked out for dealing with the unique coastal area, especially in the area of eminent domain. Get all the stakeholders on board and agreed before you expose this Board to a humiliating election loss. 2. Proceed with an advisory vote in the area specified, but forswear eminent domain in the annexed area. Then work out a policy on eminent domain with coastal residents and put it to the coastal voters later, in a separate election. 3. Proceed with an advisory vote including eminent domain, but limit the southern boundary of the area to the Half Moon Bay city limits. Then work out a policy on eminent domain with rural coast residents and have a second advisory vote later, in a'separate election, on the area from the Half Moon Bay city limits south to the Santa Cruz County line. There is one irresponsible action you can take tonight, and that is to approve the language as written. Without an acceptable eminent domain policy, we residents will have to fight you on every front. That means an expensive, nasty campaign for all of us(we are now looking at a six-figure budget and are prepared to go higher), a renewed focus at the Murenove,Inc. IV(650)726-8494 W 6/23198 (04:37 PM L�313 State level to eliminate err t domain as a power available to MRO' ind ward-by-ward campaigns to replace currei,,tioard members with people committed tt, pen space and opposed to eminent domain. It should take no more than a year to work out an acceptable eminent domain policy that would allow this Board to have an election triumph in 2000(of even 1999, if financially reasonable). You have a long list of stakeholders that need to be consulted and brought to a position of supporting MROSD. Give us a chance to work with you instead of fighting you, and we will all win. It is the intelligent, reasonable thing to do, and virtually everyone but the empty spacers will applaud a decision to postpone or limit the election as described above. Very truly yours, Duane Bay, 09: 01 PM '.1/98 , Expanding MROSD B daries to - _ - Return-Path: dgbay@tribal .com X-Sender: dgbay@mail . tribal .com Date: Sun, 21 Jun 1998 21 : 01 : 57 -0700 To: mrosd@openspace .org From: dgbay@tribal .com (Duane Bay) Subject : Expanding MROSD Boundaries to Coastside X-Rcpt-To: mrosd@openspace .org I wholeheartedly endorse expansion of the district . Please let me know what I can do to help. 'Unfortunately I will not be able to attend the June 24th meeting to voice me support for this measure personally. At a future meeting I would appreciate the opportunity to address the board breifly to raise a question of social equity regarding the impact act of growth I boundaries on housingcosts, and to offer an opportunity for working toward a g a just response to this impact. Regards, and keep up the great work, Duane Bay Councilmember East Palo Alto Duane Bay Tel 408-461-3100 ext 225 VP Administration Fax 408-461-3090 Tribal Voice <mailto:dgbay@tribal .com> 1 Victor Square <http: //www. tribal .com> Scotts Valley, CA 95066 I This was included in FYI's to express-support for the advisory measure. Item 2 will be addressed as a written cotramnication and the response will be reviewed at the Board's July 8 Regular Meeting. Crinted for Open Space District <mrosd@openspace.org> Midcoast Community Council P.O. sox 64 Moss Beach,CA 94038 (650)728-2129(voice and fox) M-rfflKmentam- (WEB Page) Servina 12,000 residents MidPeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 FAX 650-691-0485 June 23, 1998 Dear MidPenInsula Regional Open Space District Board, On June 10. 1998, the MIdCoast Community Council voted unanimously(with one member absent)on the following resolution: "Be It TC501ved that the MidCoast Community Council recommends that WOSD place on the November 1998 ballot an advisory vote for the citizens fo the San Mateo County Coastside, a, to whether MROSD should expand its District boundaries and annex the San Mateo County Coast." The Mid Coast Community Council is an elected body that is advisory to the County Board of Supervisors The Council represents the communities of El Granada, Princeton, Miramar, Moss Beach, and Montara. Yours sincerely, David Spiselman Chair Cc: Councilwoman Mary Hobbs, Midcoast Community Council Supervisor Richard Gordon, San Mateo County Board of Supervisors FROM CPEGSonic FAX SYSTEM PHONE NO. 4157128368 Jun. 24 1998 07:24AN P1 Aw-4�° C t Ct�-i Pr,PtCs/ '7 hrC/k` S v� 'Olt ✓LJ���aa,��a ��vanf! D�t,E S�va� !7,'s�ri� �30 Nyfel fie, S-4h v'i Z terse f a P sPue. rGcaurrrs lf�► �l ru �� _ //IiPG� of d v �a P�a��,�t ak ��d�/ry C'x�rr�c u���G wZ a� i� G'"�sf~ W000' to �l c 41rfrW- -/"A- lei, !v 4e 0Md s rS� ypW' / 1�/ash `�i alo fhb C4 a A- e,1484`fsi� �! c�avr �itio °c. io•t tixd' C. Box L Grd*,a4�, Cad• 9Y°�� Joan Tharp, 05:37 PM o/22/98 Support for expansion to coast Return-Path: joan_tharp@hp. com Date: Mon, 22 Jun 1998 17 : 37 : 52 -0700 From: Joan_Tharp <joan_tharp@hp.com> To: mrosd@openspace.org Subject : Support for expansion to coast X-Rcpt-To: mrosd@openspace. org I ' TO: Betsy Crowder, president Board of Directors FROM: Joan Tharp P.O. 741 El Granada, CA 94018 I 'm writing to ask that the MROSD board place on the November ballot an advisory vote for coastside residents to express their interest in the district expanding its boundaries to the midcoast . I 'm also writing to let you know I strongly support the expansion to the midcoast . I believe the only way to preserve what ' s left of the midcoast is to have it under the protection of the open space district . The county has no interest in protecting open space . It is more than happy to help developers do whatever they'd like, so that hotels and homes in the unincorporated areas will provide taxes for the rest of the county that lives over the hill . In addition, population growth in the state will continue to threaten our remaining open spaces . There ' s very little time left . I 'm happy to volunteer and send money to campaign for expansion of the district to the midcoast. Thank you for all the hard work and resources you' ve put into this issue to date . Best regards, Joan Tharp Printed OP P P P g for en Space District <mrosd@o e ace.or > 1 ---- -- _ _ns - -_ Bernchrisp@aol.com, 1.L:45 AM 6/23/98 Coastal Inclusion Return-Path: Bernchrisp@aol .com From: Bernchrisp@aol .com Date: Tue, 23 Jun 1998 11 : 45 : 49 EDT To: mrosd@openspace.org Subject : Coastal Inclusion X-Rcpt-To: mrosd@openspace.org MROSD Board of Directors 23 June 1998 Greetings -- Please add our names to the list of those who strongly support the mission of MROSD and who welcome the chance to support local inclusion in the District . We will do what we can to help. Regards -- Bern Smith Chris Powell bernchrisp@aol . com PO Box 1583 El Granada CA 94018 _ _ Printed for ..Open Space District <mrosd@ open space.org> 1 John & Jule Lynch, 10 . 12 AM 6/23/98 MROSD Boara Meeting-June 24, 1 Return-Path: lynch@coastside.net X-Sender: lynch@coastside .net (Unverified) Date : Tue, 23 Jun 1998 10 : 12 : 29 -0700 To: mrosd@openspace. org From: John & Jule Lynch <lynch@coastside.net> Subject : MROSD Board Meeting-June 24, 1998 . Cc: hmbreview@hmbreview.org, midcoast-1@lists . sanmateo.org X-Rcpt-To: mrosd@openspace .org June 23, 1998 To: The Hon. Betsy Crowder, President, and members of the Board of directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022-1404 650 . 691 . 1200 Fax: 650 . 691 . 0485 e mail : mrosd@openspace.org From: John F. Lynch 2098 Touraine Lane Half Moon Bay, CA 94019-1451 Voice 650 . 726 . 9189 Fax: 650 . 726. 9280 e mail : lynch@coastside.net re : Establishing a Coastal Advisory Committee Agenda Vote on Extending the MROSD Boundaries to the San Mateo Coast Dear President Crowder and Members of the Board; f he Coastal Alliance SteeringCommittee and its Open Space As a member o t P P Task Force, I thoroughly concur with the thoughtful and appropiate comments made by Chuck Kosak. It goes without comment that there will be naysayers, and special-interest individuals and groups that will try to dissuade you from taking action on the two referenced items listed above on June 24 , 1998 . Please do not be dissuaded from going forth with the advisory vote to expand the district to the coastside . It is much too important an issue not to present it the coastside voters this coming November for their approval/disapproval . This is democracy in action. Now for a little levity. Just like Rudolph the Red Nosed Reindeer, you' ll be fondly remembered as being the **quiding light** in your efforts to preserve our coastal lands for the many, many future generations to come . 'Printed for Open Space District <mrosd@openspace.org> 1 JUIA 23 '98 11:13AN COASTAL CONSERVANCY P.2/2 Coastal Conservancy June 22, 1998 The Honorable Betsy Crowder,President Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 Lear Ms. Crowder, I am writing to express the Coastal Conservancy's support for placing a measure on the November ballot to consider expanding the Midpeninsula Regional Open Space District's jurisdiction to include the coast. The District's presence in the region would contribute greatly to efforts to protect coastal resources. In particular,the District's capacity to manage open space lands will be a very welcome addition to an area in which traditional land managers,such as the State Department of Parks and Recreation,have become overburdened. The Conservancy looks forward to working with you and your staff,should a successful ballot measure bring the District out to the coast. Please feel free to contact Carol Arnold,our Central Coast Coordinator,if we can provide any assistance as you deliberate future involvement in the region.Carol can be reached at(510)2864173. Sincerely, ,J William Ahern Executive Officer 1330 Broadway,I I th Floor Oaklaad,California 94612-2530 5)0-286-1015 Fay.510-286-0470 C a I i f o r n i a S t a t e C o a s t a o n s e r v a n c y 1 .0 H P i, Y 1 1 14 V 1 7�,l I MIDCOAST PARK LANDS Pk►,v g Lard Sa awd**GWnwuizin od itanvokn Can a+x Smi M�+ev Cx�ey Carat June 23, 1998 i The Honorable Betsy Crowder,President and Members of the Board of Directors Midpe ninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 RE: Advisory Vote for Coastal Expansion Beat Ms. Crowder: Midcoast Park Lands supports placing the Advisory Vote for Coastal Expansion on the November 3, 1998 ballot and the related resolution to form a Coastal Advisory Panel,should this advisory vote be moved. We are delighted and appreciative that MROSD is considering annexing the San Mateo County coastal area. This region has large tracts of open space that offer wonderfW and unique recreational opportunities. However these tracts are much too expensive and large for small nonprofit groups on the coast,such as ours, to acquire and maintain. The resources and talent of MROSD are needed to preserve these open spaces for the enjoyment of all. Midcoast Pule Lauds,which incorporated as a nonprofit in 1997,is dedicated to promoting land stewardship,conservation,and recreation on the San Mateo County coast. We will be operating and maintaining the 40-acre Quarry Park in El Cmsnada under an agreement with the County of San Mateo. sincerely, Jim B1anchud Chair (650)726-9645 P.O. BOX 1734 EL GRANADA, CA 94018 RECEIVED JUN 2 3 1998 W?;DPENINSULA REGIO14AL June 21, 1998 OPEN SPACE DISTRICT The Honorable Betsy Crowder, President Members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Madam President and Board Members, I want to thank the Board for your efforts on behalf of the San Mateo County Coast and your willingness to work with area residents to help us shape the future of this incredible place which we call home. A measure on the November ballot will: 1) allow Coastside voters to decide how we want to move forward into the 21st century and 2) suggest at least one vehicle to help us arrive there with much of our open space still intact. I urge the Board to support an advisory vote on District expansion to the Coast on the November 3 ballot. Thank you. Jeff Olson P.O.Box 370483 Montara, CA 94037-0483 650-728-8462 Jun-22-98 OB: 37A Video I%Y-ts Bat-t .St . 415 7P'zt 3331 P.01 June 22, 1999 To: The Hon. Betsy Crowder, President,and members of the Board of Directors Midpeniusula Regional Open Space District 330 Distel Circle,Los Altos,CA 94022-1404 (6-50)691-12(X) FAX: (6-T)691-0485 email:tilrosdCovopenspace.org From: Chuck Kozak Coastal Alliance Steering Committee P0 Box 917, Mo."Beach, CA 94038 Voice& FAX:(650)728-FZ49 email:cgk4montara-com IV: Agenda Iterns for 6/24M:Coastal Advisory Committee and Vote for Expansion ol'District Boundaries to the San Mateo Coast Dear President Crowder and Members of the Board: Thank you for the opportunity to address these items on your agenda.Over the past 14 months,the Coastal Alliance Open Space Working Group has had the pleasure of helping the Midpeninsula Regional Open Space District in whatever way we could in their work to explore the preservation ol'Open Space resources on the San Mateo County Coast. We would like to express our appreciation of your efforts,and of the time and resources your board.the Ad Hoc Committee,and the District Staff have put into this task. And we appreciate the diligence,professionalism,honesty,and open-mindedness you brought to this process. We whole-heartedly endorse your motion to establish a Coastal Advisory Committee to the District from the San Mateo Coast.There is much we need to learn from each other for the Open Space effort to work for the greatest benefit of the coastal communities.And we also whole-heartedly endorse the motion to put the idea of the District expansion to the coast on the November, )998 ballot.The citizens of the coastal communities must tic heard on this issue-it is too important to allow it to be derailed by pressure from special-interest groups that would deny this subject a full hearing and debate in a public campaign. The open spaces.-areas of'wilderness,natural habitats,farms and ranches -from the mountain ridges, through creeks and rivers,to the coastal bluffs- these are more than just a backdrop to our lives;they are central to the very character and quality-of-life of the San Mateo Coast.They are a treasure not just for us, but for the entire Bay Area and beyond.As the stewards of this treasure, it is imperative we preserve these for generations to come. We appreciate your dedication to this preservation,and we look forward to continued work with the District. Thank you again for your efforts and hard work. Chuck Kozak For the Steering Committee of the Coastal Alliance The Coastal Alliance is a multi-issue, grassrm)ts organization comprised of representatives font environmental groups ran gingfrom Pescadero to Pacifica.Our missi(m is to prNecl the quality of life and natural envirfnnient alonq the:Scan Mateo coast,and to.farilitate communication and cooperaufm among Kr(AuAN and intlividwill who share this vision, cc- HMB Review,San Mateo County Time-,,MidCoast Discussion Ust June 22, 1998 The Hon. Betsy Crowder, President And Members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Re: Preserving Open Space on the Coast Ladies and Gentlemen: We strongly support the concept of putting on the San Mateo County November ballot an advisory vote on whether the MROSD should expand its borders to Include the coestside. We have worked through Coestsiders for Safe Bikeways and the San Mateo County Trails Advisory Committee to preserve coastal access for the public and very much support any efforts to preserve what open space remains on the coastside. Although we do have some reservations on the issue of using imminent domain in the process, we still basically support any efforts to save our open space. SinpaTel/ c'Z OHN HERNANDEZ TERRELL HERNANDEZ 2912 Pullman Avenue Half Moon Say, CA 94019 TO 39VJ VSK ZZTL-T69-0S9 9Z:60 e66T/EZ/90 Jun-23-98 09: 51 ar-lene patton 415 359-2670 P.01 Pacifica Land Trust P. O. Box 988 Pciflca, CA 94044 June 23, 1998 The Hon. Betsy Crowder, President, Members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA, 94022-1409 Re: Letter of Support to Place the Advisory Vote for Coastal Expansion and to Include the Pedro Point Headlands in the Expansion Area Dear President Crowder: I am pleased to write this letter of support to the District to encourage the Board to place the advisory vote for Coastal Expansion on the November ballot. Although the City of Pacifica will not be included in the expansion area, the property known as the Pedro Point Headlands could be included, As I am sure you are aware,the Pacifica Land Trust, with the assistance of local community groups from both sides of the Devils Slide Area, was instrumental in placing this property into public open space. We remain as the interim manager until an organization such as yours is able to assume the role of permanent manager. Making the decision to place this vote on the November ballot takes a great deal of courage. We commend you for taking on the challenge and we look forward to working with your organization as a partner dedicated to brokering quality open space parcels into public ownership, Sincerely, Arlene M. Patton President Cc: David Carmany, City Manager City of Pacifica Christopher Kroll, Project Manager California State Coastal Conservancy Chuck Kozak Coastal Alliance 314 Third Street RECE!VE0 P.O. Box 371142 J U N 2 2 1998 Montara, CA 94037 MWENINSULA REC�. . (650) 728-2661 OPEN SPACE MSzi.'C June 19, 1998 The Honorable Betsy Crowder, President Members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear President and Board Members: About two years ago, 1 moved to the Coastside (Montara) from Palo Alto. 1 enjoyed hiking at Windy Hill and other MROSD areas. All these areas are inland, however. As 1 look around the Coastside, there are so many places where open space preservation would matter a great deal, providing hiking and habitat preservation. This is especially crucial because the Peninsula population is growing. More recreational areas are needed, but all land will be under pressure for housing development. I urge you to put the Advisory Vote for Coastal Expansion of the Open Space District on the November 1998 Ballot. Thank you for all you have done so far to investigate include the beautiful Coastside lands in the district. Sincerely, Meredith Angwin J U N 2 2 1998 10WENINSULA REGIO14AL PO Box 370057 OPEN SPACE DISTRICT Montara, CA 94037 June 19, 1998 Ms. Besty Crowder, President Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Ms. Crowder -- Thank you for the work you and your colleagues have done in investigating annexing part of coastal San Mateo County into the District. I support the proposed advisory vote on the annexation and look forward to a chance to cast my vote in favor this November. From Montara Mountain, once threatened by Caltrans bulldozers, to Cascade Ranch, now being plowed under, we see that our best lands are constantly under threat. I am thankful that the District is willing to help save some of the best of the rest. a-ely, Ann F rrister PS: I really enjoy hiking in Purisima Creek Redwoods preserve, the nearest District land to my house. p,ECEIVED JUN 2 2 1998 IViIDPENINSUTA REGIO"', OPEN SPACE DISTR"O T PO Box 370599 Montara, CA 94037 June 19, 1998 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Honorable Directors: I write in support of your proposed ballot measure and advisory vote on the District's expansion to the San Mateo County coast. I plan to support the ballot measure and would welcome the cooperation of the District with other groups working to preserve some of the best of our coastside. Groups like POST, for example, can buy land but the District is much better equipped to manage it. 1 cer , Don nson B VanderWerf V 712-1082 M06/19198 (c)4 56 PM June 19, 1998 Barbara and Bill VanderWerf I'.0. Box 1574 El Granada, CA 94018 (650)726-3123 Betsy Crowder, President Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Betsy, We heartily, enthusiastically and without reservation welcome the inclusion of the San Mateo County Coast within the Midpeninsula Regional Open Space District. We thank you, the board and the staff for the incredible amount of work you have done to research and prepare the November 3 ballot initiative. We look forward to voting"Yes" on November 3. Thank you, Barbara and Bill VanderWerf i danny.moses@sfsierr, 11:01 AM 6/22/98 , Ballot measure- Return-Path: danny.moses@sfsierra . sierraclub.org From: danny.moses@sfsierra . sierraclub.org Date : Mon, 22 Jun 98 11 : 01 : 28 -0800 To: <mrosd@openspace.org> Subject : Ballot measure X-Rcpt-To: mrosd@openspace . org To: Hon. Betsy Crowder, President Midpeninsula Regional Open Space District Dear Ms . Crowder, As a resident of the San Mateo Coastside since 1979, I 've watched with dismay as the ever encroaching presence of inappropriate development has threatened the semi-rural nature of Coastside life. I urge you and the Board of MROSD to place a measure expanding the District on the November ballot, thus enhancing the prospects for saving our beautiful Coastside. Thank you for your consideration . Sincerely, Daniel Moses 'Printed for Open Space District <mrosd@openspace.org> 1 Bpsterra@aol.com, 10 : al PM 6/19/98 Coastal Open Space Return-Path: Bpsterra@aol .com From: Bpsterra@aol . com Date : Fri, 19 Jun 1998 22 : 31 : 08 EDT To: mrosd@openspace .org Subject : Coastal Open Space X-Rcpt-To: mrosd@openspace .org The Hon. Betsy Crowder, President, and members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022-1404 Dear Madam President and Directors : Having followed the discussion for the past year, count me as a strong advocate of having the Midpeninsula Regional Open Space District put expansion of the district onto the San Mateo County coastside on the ballot in 1998 . I have no problem with the expansion including the eminent domain authority you now have in the current district . There are constant challenges to open space on the coast in spite of the county' s General Plan and our Local Coastal Plans . The district could be an important agent for preserving vital natural areas and open space values . Carl May P.O. Box 371077 Montara, CA 94037 Printed for Open Space District <mrosd@openspace.org> 1 1 Chris Thollaug, 08: 06 eM 6/20/98 SMC Coast Annexation Advisory Return-Path: Chris@montara . com X-Sender: chris@hax.com Date : Sat, 20 Jun 1998 20 : 06: 32 -0700 To: mrosd@openspace .org From: Chris Thollaug <Chris@montara . com> Subject : SMC Coast Annexation Advisory Vote X-Rcpt-To: mrosd@openspace . org June 20, 1998 The Hon. Betsy Crowder, President Members of the Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022-1404 Dear Madam President and Board Members : I am writing to urge you to proceed with an advisory vote regarding annexation of the San Mateo County Coast . As an active participant in community affairs I have a great deal of optimism about how the local constituency would respond, to work on the campaign as well as vote in support . As an activist on the Devil ' s Slide Tunnel Initiative I know that there is a solid core of coastsiders who will get involved in a grassroots effort to promote annexation. Given the projections for growth in this area it is vital that the provisions of the LCP which protect our open space and agricultural land be buttressed with an aggressive program of land acquisition. Thank you for your consideration of this important issue . Sincerely, Chris Thollaug Suzanne Stephanik PO Box 371018 Montara, CA 94037 (650) 728-7107 Printed for Open space District <mrosd@openspace.org> 1 Gina Holmes, 04 :41 PM 6/21/98 Expansion of bouncries to coal Return-Path: gholmes@NetWizards .Net X-Sender: hsg@NetWizards .Net (Unverified) Date: Sun, 21 Jun 1998 16: 41 : 35 -0700 To: mrosd@openspace.org From: Gina Holmes <gholmes@NetWizards .Net> Subject : Expansion of boundries to coast X-Rcpt-To: mrosd@openspace . org To the Midpeninsula Regional Open Space District Board of Directors : We are 10 year residents of El Granada, and we would like to express our strong support for the District ' s expansion to the coastside of San Mateo County. The Director ' s are well aware that this is a unique and incomparably beautiful area, and we believe it would benefit from the preservation your organization could provide . We understand that the Director' s are considering a motion to place an advisory vote for coastal expansion this November ' s ballot and forming an advisory panel regarding operations and policies on said expansion, and we would like to express emphatic support for both of these agenda items We also know that the District has put forth enormous time and effort regarding this issue, and we would like to express our gratitude and support . Thank your for you consideration. Sincerely, Gina Holmes & Harvey S . Gaylin (Printed for Open Space District <mrosd@openspace.org> 1 April Vargas, 11 :58 PM 6/21/98 Ballot Measure tur District Ex Return-Path: april@montara .com Return-Receipt-To: <april@hax.com> Date: Sun, 21 Jun 1998 23 : 58 : 02 -0800 To: mrosd@openspace .org From: April Vargas <april@hax.com> Subject : Ballot Measure for District Expansion X-Rcpt-To: mrosd@openspace. org June 21, 1998 The Hon. Betsy Crowder, Pres . Members of the Board of Directors MIdpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Madam President and Board Members, I am writing in support of placing an Advisory Vote for District expansion to the San Mateo County coast on the November 3 ballot . As an unincorporated area, the Coast has been limited in its ablility to make decisions which directly affect the future of the area. While Supervisors Ted Lempert and now Rich Gordon have represented us exceedingly well, local residents want to play a more direct role in determining the fate of one of the most unique and valuable natural assets in the world -- our coastline and its surrounding open space. Casting our ballots on November 3 will be an important step towards greater self-determination and regional co-operation. Best regards and thanks for your continuing efforts to preserve open space . Sincerely, April Vargas P.O. Box 370265 Montara, CA 94037-0265 650-728-5215 april@montara .com Printed for Open Space District <mrosd@openspace.org> 1 Regional ._ "f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-81 Meeting 98-15 June 24 1998 AGENDA ITEM 1 AGENDA ITEM Resolution Declaring the Boards Intent to Establish an Advisory Committee for the Purpose of Reviewing and Recommending Revisions to District Policies as They Relate to the Coastal Area of San Mateo County Under Consideration for Possible Annexation Into the District AD HOC COMMITTEE'S RECOMMENDATION Adopt the attached resolution declaring the Board of Directors' intention to establish an advisory committee to review and recommend revisions to policies related to the San Mateo County coastal area under consideration for annexation, subsequent to voter consideration of an advisory ballot measure on November 3, 1998. BACKGROUND The Board-appointed Ad Hoc Committee on San Mateo County Coastal Preservation held two community information meetings last April in the San Mateo County coastal area under consideration for possible annexation into the District. At those meetings, as well as in other conversations and meetings with individuals and groups including the San Mateo County Farm Bureau, a number of questions and concerns were raised related to District policies. Specifically, coastal residents have expressed concern with how the District will implement a number of key policies if any annexation takes place, either now or in the future. The policies of most concern were those of Acquisition (see Basic Policy, section lc), Eminent Domain (see Ordinance 86-01 and Basic Policy, section lc), and Agricultural Preservation (see Basic Policy, section 3e). The Ad Hoc Committee recommends that these specific policies, as well as others that may be identified in the future, be studied for possible revision, if an advisory measure is placed on the ballot and is approved by the coastside voters. The purpose of such revision would be to ensure that these policies adequately reflect the geographic features and land uses in the area under consideration for annexation, and that these policies are appropriate for any coastal area to be annexed in the future. In particular, possible revisions to the policy on land acquisition would focus on alternative methods of preservation such as purchase of conservation easements; possible revisions to the eminent domain policy would focus on ensuring that acquisition of agricultural and ranch lands on the coast will be from willing sellers only; and possible revisions to the policy on agricultural use would focus on ways and means of preserving agricultural use on the coast, such as purchase 330 Distel Circle e Los Altos, CA 94022-1404 Phone:650-691-1 200 FAX: 650-691-0485 - E-mail: mrosd@openspace.org openspace,org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David 1.Smernoff, Nonette Ftanko,Betsy Crowder,Kenneth C.Nitz - Genera/Manager.I.Craig Britton R-98-81 Page 2 of development rights or agricultural conservation easements. The review of these policies will benefit from the involvement of an advisory committee representing the coast. The Ad Hoc Committee recommends the following composition of the advisory committee: three members of the District Board of Directors; one representative each from the Half Moon Bay City Council, the Pescadero Municipal Advisory Council, and the Midcoast Community Council; one individual appointed by the San Mateo County Board of Supervisors member representing the coastal area. The involvement of the three elected bodies representing the coast is particularly appropriate, as each of these agencies has requested the District to explore potential appropriate techniques for preserving open space resources on the coast. In addition, it is recommended that San Mateo County be asked to assign a staff member from the County Planning Department to advise the committee. The coastal advisory committee would review specified District policies and make formal recommendations for revisions to the District Board of Directors. In order to gain a wide- spread perspective and input, one of the tasks of the committee would be to meet with stakeholders representing community and special interest groups from the coastside, including but not limited to: San Mateo County Planning Commission Save Our Bay San Mateo County Agr'l. Advisory Committee Save Our Coast San Mateo County Trails Advisory Committee Save Our Shore San Mateo County Farm Bureau American Farmlands Trust Half Moon Bay Chamber of Commerce Coastwalk Half Moon Bay Fisherman's Association Committee for Green Foothills Half Moon Bay Realtors Association Greenbelt Alliance Granada and Montara Sanitary Districts Peninsula Open Space Trust Citizens Utilities Water Company Sempervirens Fund Coastside County Water District Sierra Club Questa La Honda Homeowners Association Surfrider Foundation Coastal Family Alliance Trust for Public Lands Citizens for the Preservation of El Granada Midcoast Parklands Coastal Habitat Coalition San Mateo County Parks Department Coastal Watershed Council California State Parks Department Committee to Save Pescadero Coastal Conservancy Pacifica Land Trust Cabrillo Unified School District Coastal Alliance San Mateo County Land Owners Association Rural Coast Advisory Council Half Moon Bay Land Trust Concerned Citizens of the Coastside Half Moon Bay Neighbors' Alliance Coastside Preservation and Recreation Pescadero Environmental Issues Committee R-98-81 Page 3 If the Board takes action to place an advisory measure on the November 3, 1998 ballot, and if that measure is approved by the voters, and if the Board then determines to proceed with any annexation, it is recommended that the advisory committee be convened with the charge of reviewing and recommending revisions to specified District policies. Prepared by: Ad Hoc Committee - Directors Crowder, Davey, and Hanko Contact person: L. Craig Britton, General Manager Regional Open -race MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Resolution No. 98- Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Declaring the Board's Intent to Establish an Advisory Committee for the Purpose of Reviewing and Recommending Revisions to District Policies as They Relate to the Coastal Area of San Mateo County Under Consideration for Possible Annexation Into the District Whereas, the Board of Directors of the Midpeninsula Regional Open Space District was requested by the Half Moon Bay City Council,the Midcoast Community Council, and the Pescadero Municipal Advisory Council to research possible methods of preserving open space on the San Mateo County coast; and Whereas,the District has researched the various mechanisms, organizations, and entities that might be involved in coastal land preservation, and believes that a feasible and appropriate method of preserving open space resources on the coast is through extension of the District boundaries to include the coastal area west of Skyline Boulevard to the San Mateo County coast, from the southern boundary of the City of Pacifica to the Santa Cruz County line; and Whereas,the District held two community information meetings in the coastal area under consideration for annexation, during which the questions and concerns of the coastal communities were raised and discussed,particularly related to specific policies of the District and how they would be implemented in the coastal area, if any annexation were to take place; and Whereas,the Board of Directors finds that a review and discussion of the specific District policies raised at the community information meetings would be very valuable,with the objective of considering modifications to those policies to more accurately reflect the differing geographic features and land uses in any coastal area under consideration for potential annexation,and that these policies are appropriate were any coastal area to be annexed at any time in the future; and Whereas, the Board of Directors specifically intends to review the policy on land acquisition, focusing on alternative methods of preservation such as purchase of conservation easements;the policy of eminent domain, specifically stating that acquisition of agricultural or ranch lands on the coast will be from willing sellers only, and that the District would not use eminent domain to acquire anyone's home; and the policy of agricultural use,focusing on ways and means of preserving agricultural use on the coast, such as purchase of development rights or agricultural conservation easements; and other policies as identified in the future; and Whereas, at its meeting of June 24, 1998 the Board of Directors will consider placing an advisory measure on the November 3, 1998 ballot to determine if the voters in coastal San Mateo County west of Skyline from the southern boundary of Pacifica to the Santa Cruz County line wish their area to be annexed into the jurisdiction of the District;and 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 Nanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L Craig Britton Whereas, if the Board places an advisory measure on the November 3, 1998 ballot,and if that measure is approved by the voters,and if the Board then determines to proceed with a proposed osed p annexation of any coastal area either then or in the future,then the Board will form and convene an advisory committee consisting of representatives of the coastal area,which will review,discuss, and recommend revisions to specified District policies related to the area under consideration for annexation, and will include input from a wide range of community and special interest groups on the coastside. Now,Therefore,Be It Resolved that the Board of Directors of the Midpeninsula Regional Open Space District hereby declares its intent to form a coastal advisory committee for the purpose of reviewing and recommending revisions to specified District policies, including acquisition,eminent domain, and agricultural use,as they relate to the coastal area under consideration for possible annexation, if the Board places an advisory measure on the November 3, 1998 ballot and if that measure is approved by the voters and if the Board then determines to proceed with any annexation of any coastal area either then or in the future. Passed And Adopted by the Board of Directors of the Midpeninsula Regional Open Space District on June 24, 1998 at a regular meeting thereof, by the following vote: Ayes: Noes: Abstain: Absent: Attest: Approved: Secretary, Board of Directors President, Board of Directors I,the District Clerk of the Midpeninsula Regional Open Space District,hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Clerk i Rtoqional Open ,,,-ace R-98-87 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-15 June 24, 1998 AGENDAMM 2 AGENDA TTFM Adoption of Resolution Calling for an Advisory Election on District Annexation of San Mateo County Coastal Area and Requesting Election Consolidation and Administrative Services from San Mateo County AD HOC COMMITTEE'S RECOMMENDATIONS 1. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Calling an Advisory Election and Requesting Election Consolidation and Administrative Services - San Mateo County. 2. Authorize the budget expenditure of$18,100 for the election expenses for this advisory measure. BACKGROUND At your meeting of June 10, 1998 (see report R-98-75) you had an initial discussion about ballot language for the possible advisory election on the San Mateo County coast. At that meeting, language was proposed and many additional ideas were discussed at some length. The Ad Hoc Committee has met again to debate this language further, and unanimously recommends the following wording for the ballot measure: "In order to preserve open space resources on the San Mateo County coast, shall the Midpeninsula Regional Open Space District extend its boundary west of Skyline to the San Mateo County coast, from the southern boundary of Pacifica to the Santa Cruz County line?" DISCUSSION The Elections Code permits the District to hold an advisory election for the purpose of enabling voters within the area to voice their opinions on an issue. In order to place such an advisory measure on potential District annexation of the San Mateo County coastal area on the November 3, 1998 ballot, it is necessary for you to call an advisory election and request consolidation and administrative services from San Mateo County. The attached resolution calls an advisory election on Tuesday, November 3, 1998; identifies the territory in which the advisory election will be called; consolidates the advisory election with the statewide general election on November 3, 1998; requests election administrative services from San Mateo County; and includes the exact form of the advisory measure and the ballot wording of the advisory measure. The cost of an advisory election in the San Mateo County coastal area is based on the number of voters and is estimated to be $18,100. Prepared by: Ad Hoc Committee - Directors Crowder, Davey, and Hanko Craig Britton, General Manager Sue Schectman, District Legal Counsel Contact person: L. Craig Britton, General Manager -3 30 I)istel Circle - Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 - F-rnail: rTiros(l@opetispac(�.org Web site:www.opensl)ace.org Bo,)rd of Directors:Pete Siemens,Wry C.Davey,led Cyr, David 1.Smernolf,Nonertc Hanko, Betsy Crowder, Kenneth C.Nitz - General Manager:L.Craig Britton RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT CALLING AN ADVISORY ELECTION AND REQUESTING ELECTION CONSOLIDATION AND ADMINISTRATIVE SERVICES -SAN MATEO COUNTY WHEREAS, in accordance with Section 9603 of the California Election Code,a special district may hold, at its discretion, an advisory election on any date on which that jurisdiction is currently permitted to hold a regular or special election for the purpose of allowing voters outside of the District's jurisdiction to voice their opinions on substantive issues affecting the residents of that territory,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; and WHEREAS, a Biennial Governing Board Member Election has previously been ordered to be held on Tuesday,November 3, 1998 in the MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT of San Mateo County for the purpose of electing two(2)Directors of the Governing Board of the District; NOW,THEREFORE,the Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: 1. Pursuant to California Elections Code section 9603, the Board of Directors of the Midpeninsula Regional Open Space District does hereby call an advisory election on Tuesday,November 3, 1998, in territory outside its jurisdiction in San Mateo County for the purpose of allowing voters to voice their opinion on the advisory measure set forth in Section 9 herein which measure affects the residents of said territory. 2. The territory in which the advisory election shall be held is as follows: all of the area west of Midpeninsula Regional Open Space District Ward 6 as it currently exists, and north of Highway 92 and west of Highway 280, up to and including the coastal communities from the southern boundary of Pacifica to the Santa Cruz County line, exclusive of territory within the City boundaries of Pacifica, California, and exclusive of watershed lands owned by the City and County of San Francisco. 3. That said election be consolidated with the statewide general election and all other elections to be held in San Mateo County on November 3, 1998. 4. That the election precincts,polling places,voting booths and election officials in each of the precincts in which this election shall be held 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. 5. That the Board of Supervisors of San Mateo County is hereby authorized and instructed to canvass the returns of said election and is requested to certify the results of said election to the Board of Directors of the District. 6. 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 administrative type normally performed by such County election official(s)in conducting elections including, but not limited to, checking registrations;printing and mailing sample ballots and a voter's pamphlet containng the text of the advisory measure;ballots and ballot arguments; candidates' statement; hiring election officers and arranging for polling places; and providing and distributing election supplies. 7. 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. 8. 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. 9. The exact form of the advisory measure to be submitted to the voters of the territory set forth in Section 2 herein to be voted upon at such election on November 3, 1998 is as follows: ADVISORY VOTE ONLY "In order to preserve open space resources on the San Mateo County coast,shall the Midpeninsula Regional Open Space District extend its boundary west of Skyline to the San Mateo County coast, from the southern boundary of Pacifica to the Santa Cruz County line?" 10. The enact ballot wording of the advisory measure to be submitted to the voters of the territory set forth in Section 2 herein to be voted upon at such election on November 3, 1998 is as follows: ADVISORY VOTE ONLY "In order to preserve open space resources on the San Mateo County,coast,shall the Midpeninsula Regional Open Space District extend its boundary west of Skyline to the San Mateo County coast, from the southern boundary of Pacifica to the Santa Cruz County line?" PASSED AND ADOPTED this 24*day of June, 1998,by the following vote: AYES: NOES: ABSENT: ATTEST: District Clerk Of the Midpeninsula Regional Open Space District Regional f R-98-90 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-15 June 24, 1998 AGENDA ITEM 3 AGENDA ITEM Consider Authorizing Staff to Commence with Preliminary Research and Application Process for the San Mateo County Coastal Annexation AD HOC COM E'S RECOMMENDATIONS 1. Authorize staff to commence with preliminary research, data collection and planning studies for a potential San Mateo County coast annexation. 2. Authorize a budget transfer from the new land purchases category in the amount of $60,000 to cover the estimated cost of this preliminary process. BACKGROUND At the Board workshop of May 20, 1998 the following four tentative decisions were made: 1. Proceed with a tracking survey on the San Mateo coast. This was formerly authorized at the meeting of May 27, 1998 (see report R-98-64). An executive summary of the results is enclosed with this agenda packet. 2. Proceed with development of coastal advisory committee for review of District policies (scheduled earlier in this agenda). 3. Proceed with development of language and approve advisory ballot measure on the San Mateo coast for November 3, 1998. This item was initially considered at the meeting of June 10, 1998, (see report R-98-71) with final consideration scheduled earlier in tonight's agenda. 4. Authorize staff to proceed with research and planning work on the annexation process. DISCUSSION It was the Board's unanimous desire to proceed with advance research and planning work on a potential annexation process, but to delay any formal Board action until after the results of the advisory election being considered for November 3, 1998 on the San Mateo County coast. The Board has made no determination with regard to proceeding with annexation of any coastal area at this time. 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-091-1200 FAX: 650-691-0485 - E-mail: mrosd@openspace.org Web site:www,openspaee.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Srnernoff,Nonette Hanko, Betsy Crowder, Kenneth C.Nitz - General Manager:L.Craig Britton R-98-90 Page 2 Attached is a memorandum from District Legal Counsel discussing the LAFCO review process for a potential annexation of any coastal area, along with an estimated time line for the annexation process if the Board were to determine to proceed with an annexation. As can be determined from this information, the preliminary planning work that can be accomplished without further formal action on the part of the Board is for District staff to meet with LAFCO to determine the required CEQA process, preparation of the initial CEQA documents, and begin preparing a potential service plan. This planning process could take from 2 to 6 months, 1 possibly be finalized b Decem ber. The resulting reports immediate) could and if started y, po y y g epo and documentation would provide necessary background data and resources to prepare an annexation application should the Board determine to proceed with an annexation at any time in the future. Such a decision would then require formal action by the Board prior to submittal of an application to the Santa Clara County Local Agency Formation Commission (LAFCO). The planning work that is proposed cannot be accomplished by existing staff because of the current work load and additional expertise required. It is estimated by staff that the planning and initial CEQA research may cost approximately $60,000 utilizing the services of a consultant. If the CEQA process or other planning processes become more complex than initially anticipated, there could be additional costs and/or time required. As you know, the District has applied to the Packard Foundation for an initial grant to assist with costs of the public opinion polls, mapping, service plan development and CEQA documentation in the event the District were to determine to proceed with an annexation. The District has not received any word on this grant application, but we remain optimistic. In the event this grant is awarded as anticipated, District expenditures will be reimbursed from the grant funds and a full accounting will be provided by staff. In the meantime the only discretionary budget source for this expenditure is the new land purchases category. It is therefore recommended that staff proceed with the above discussed preliminary annexation process and that the Board approve an initial budget of$60,000. We recommend that this process begin immediately and that District staff meet with LAFCO staff as soon as possible, preferably within the next two weeks. Prepared by: Coastal Ad Hoc Committee Members: B. Crowder, M. Davey, N. Hanko C. Britton Contact person: C. Britton MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-82 Meeting 98-15 June 24, 1998 AGENDA ITEM 4- AGENDA ITEM Authorization to Retain Timothy C. Best, Certified Engineering Geologist, for Consulting Services on Road and Trail Repairs and Maintenance at Purisima Creek Redwoods Open Space Preserve and El Corte de Madera Open Space Preserve; Authorization to Retain Coyote Creek Riparian Station for Consulting Services for Watershed 4�sessmentt El Corte de Madera Open Space Preserve7 GENERAI MANA R' R OMMFNDATIONS 1. Determine that the proposed watershed assessment project is categorically exempt from the California Environmental Quality Act (CEQA), based on the findings contained in this report. 2. Authorize the General Manager to execute an agreement with Timothy C. Best in the amount of$15,000 to provide geological consulting services for road and trail repairs and maintenance at Purisima Creek Redwoods Open Space Preserve ($6,000) and El. Corte de Madera Open Space Preserve ($9,000). 3. Authorize the General Manager to execute an agreement with Coyote Creek Riparian Station in the amount of$12,000 to provide hydrological consulting services for watershed and fisheries assessment at El Corte de Madera Open Space Preserve. DISCUSSION At your April 8, 1998 meeting you authorized staff to apply for grant funding from the Federal Emergency Management Agency (FEMA) to repair roads, trails, and bridges damaged in winter storms in 1997-1998 (see report R-98-43). At that time you also determined that these projects are categorically exempt from the California Environmental Quality Act (CEQA). These "El Nino" storms caused unprecedented levels of damage to District trails and roads, particularly in the Skyline region. Two of the hardest hit areas were Purisima Creek Redwoods and El Corte de Madera Open Space Preserves. Purisima Creek Trail in particular suffered damage that severed the trail for vehicular use in some locations and threatens to destroy the trail entirely. This trail is built in or near the flood plain of Purisima Creek, which complicates the decision-making process on how to repair the damage. Additionally, a railcar bridge at the Grabtown Gulch trail junction was washed out by these storms and previous storms, and there is some question about the stability of three other old railcar bridges along 330 Distel Circle a Los Altos CA 94022-1404 - Phone: 650-691-1200 FAX:650-691-0485 * E-mail: mrosd@openspace.org openspace.org Web site:www.openspace.org Boanl of Directors:Fete Siemens,Mary C.Davey,Jed Cyr, David T.Sniernofl, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz ® General Manager:L.Craig Britton R-98-82 Page 2 the route. The budget for fiscal year 1998-1999 includes $100,000 for project expenses related to repairing flood damage for which the District will apply for grant aid from FEMA. Working with Terratech, a geotechnical engineering consultant, District staff have assessed and estimated 42 projects within the District and applied to FEMA for funding on the projects, totaling $700,000. The State Office of Emergency Services, which administers FEMA grants, has confirmed receipt of the application and indicates that field inspections will be scheduled in the near future. Staff's objective for this round of FEMA projects has been to stay ahead of the FEMA decision-making process and obtain funds for repairs that are consistent with the District's long-term interests. The repair decisions at Purisima and El Corte de Madera are particularly complex because of the relationship of the roads and trails to the creeks and the rugged terrain. There are many alternatives as to how, where, and if to restore the damaged facilities, and how to avoid or minimize future damage. Staff sought a specialized level of expertise in building and maintaining roads and trails in these settings. After interviewing other consultants, and based on recommendations from local representatives of the Department of Fish and Game, Planning and Operations staff walked both preserves with Tim Best, a Certified Engineering Geologist who specializes in forest roads, to assess his qualifications for the anticipated repair studies. Staff was impressed with his knowledge, practical approach, good communication skills and reasonable rates. Staff recommends retaining Mr. Best to perform assessments of the existing conditions, study repair and maintenance needs and alternatives, and prepare a written report and general cost estimate to be reviewed by staff and presented to the Board. In the case of Purisima the study would focus on Purisima Creek Road, while at El Corte de Madera the study would encompass all the major roads and trails. The latter would be a pilot inventory and recommendation of construction and maintenance methods and priorities. This program could be adapted to other District preserves. Mr. Best will train District field staff in the inventory methods so staff can do the assessment and planning at other preserves. Because of concern about the impacts of trail use and general trail construction and maintenance on the riparian habitats in El Corte de Madera, a budget of$15,000 was established in the Resource Management subprogram budget for fiscal year 1998-1999 for a watershed and fisheries assessment. After interviewing other consultants, staff proposes to retain Coyote Creek Riparian Station (CCRS) of Alviso, an environmental non-profit organization, to conduct the assessment. Their work will focus on the condition of the streams, and will include use of a geographic positioning system (GPS) to map the creeks and development of a long-term monitoring program to be carried out by District staff and volunteers. The CCRS scope also includes writing and presenting a final report to the Board and training District staff in monitoring methods. The scope of work for the creek assessment and the road and trail assessment have been coordinated and the two projects will be complementary to each other. At your May 22, 1996 meeting you authorized staff to apply to the National Recreational R-98-82 Page 3 Trails Act Program for a grant for El Corte de Madera Open Space Preserve "for redesign, reconstruction, nonroutine maintenance, or relocation of trails in order to mitigate and minimize impacts to the natural environment" (see report R-96-24). At that time you determined that these trail projects were categorically exempt from CEQA. The grant application was successful and has been used to fund trail restoration and realignment work completed over the past year. At your March 11, 1998 meeting you authorized application for a second phase trail grant for El Corte de Madera (see report R-98-33). This application was unsuccessful. intended help e District to The currentlyproposed road and trail and watershed studies are to ded to a th P Po P make informed decisions about trail repair and maintenance projects, including potential FEMA-funded projects. In this respect they are directly related to the objectives of the National Recreational Trails Act Grant. They will provide more scientifically-based draft standards for trail construction and maintenance. This is particularly important at El Corte de Madera, where there is great pressure to make trail design and layout decisions, sometimes without full understanding of the detailed environmental constraints and opportunities. Because of the relationships of the El Corte de Madera projects, it is proposed that the budget for the El Corte de Madera road and trail inventory be split three ways between the El Corte de Madera trail improvements grant project budget, the FEMA planning and implementation budget, and the budget for watershed assessment carried in the Resource Management subprogram: El Corte de Madera Road and Trail Inventory Project FEMA budget (part of$100,000) $3,000 ECM trail improvements budget (part of$42,000) $3,000 Watershed Assessment budget (part of$15,000) $3,000 Total Project budget $9,000 Budget for the other two projects would be allocated as follows: Purisima Creek Trail Assessment Project FEMA budget (part of$100,000) $6,000 El Corte de Madera Watershed Assessment Watershed Assessment budget (part of$15,000) $12,000 R-98-82 Page 4 CEQA Compliance PWject Description Two projects consist of the studies of the condition of roads and trails in two rugged, wooded open space preserves on the west slopes of the Santa Cruz Mountains in San Mateo County. These studies are related to projects that have been determined to be categorically exempt from CEQA as noted in the above report. The watershed assessment project consists of studies of the stream characteristics and condition in the watershed of El Corte de Madera Open Space Preserve, a rugged 2,788 acre area dominated by redwood forests on the western slopes of the Santa Cruz Mountains in San Mateo County. The assessment will focus on the quality of the fisheries habitat and on evaluating the impact of trail and road design, maintenance, and use on the streams. The project will not directly include modifications to the environment, but could result in recommendations for modifications to the road and trail system to avoid or mitigate impacts on the streams, should impacts be identified. CEQA Determination The District concludes that this project is statutorily exempt from CEQA under Section 15262 of the CEQA Guidelines. Section 15262 exempts feasibility and planning studies that will not have a legally binding effect on later activities. Section 15262 states that, "A project involving only feasibility or planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded does not require preparation of an EIR or Negative Declaration but does require consideration of environmental factors." Section 15262 is applicable because the proposed watershed assessment will not directly result in any modifications to the environment. Any recommended actions will be for the purpose of avoiding environmental impacts, and such actions will be subject to a separate public decision- making process and environmental review. In addition to its statutorily exempt status, the District concludes that this project is categorically exempt from CEQA (the California Environmental Quality Act) under Section 15302 of the CEQA guidelines. Section 15302 exempts actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for the protection of the environment. Prepared by: Randy Anderson, Senior Planner Contact person: Same as above R(�qional Open Ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-88 Meeting 98-15 June 24, 1998 AGENDA ITEM _5 AGENDA ITEM Approval of Salary Adjustment and Computer Equipment Reimbursement for the Controller and Approval of Amendment to Controller's Employment Agreement AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS 1. As a result of the Board's evaluation of the Controller's performance for the period of April 1, 1997 through March 31, 1998, the Ad Hoc Board Appointee Evaluation Committee recommends a salary increase to $15,000 per annum retroactive to April 1, 1998 and computer equipment reimbursement up to $2,800. 2. Adopt the attached resolution amending the Controller's Employment Agreement to reflect an adjusted salary of$15,000 per annum, and to add reimbursement of up to $2,800 for computer equipment. DISCUSSION The Board conducted its annual evaluation of the Controllers performance at its June 17, 1998 Special Meeting. The ad hoc Board Appointee Evaluation Committee, composed of Directors Crowder Nitz and Siemens was instructed to serve as the District's negotiator and was directed b g Y the Board to meet with the Controller to review his compensation. The Controller's Employment Agreement calls for an annual performance review and consideration of any proposals by the Board or the Controller to modify or amend the Agreement. The Committee recommends, based on the Controller's past performance, that the Board approve a salary adjustment for the Controller, increasing his annual salary to $15,000 retroactive to April 1, 1998. This salary adjustment takes into consideration the Controller's past performance and the increase in the cost of living. No additional meritorious pay award is recommended. The Committee also recommends that the Controller's Employment Agreement be amended to include reimbursement of up to $2,800 for computer equipment that will enable the Controller to conduct his work outside the District's office and interconnect with the District's computer system. The amount of $2,800 represents one-half of the total cost of the computer equipment. Prepared by: Ad Hoc Board Appointee Committee - Directors Crowder, Nitz, and Siemens D. Dolan Contact person: Director Crowder 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200 FAX:650-691-04€35 - E-mail: mros(l@ol)enspace.org - Web site:www.openspace.org Boxil of Oirec'tor fete Siemens,Mary C.Davey,led Cyr,David T.Srnernoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz » general Manager:L.Craig Britton RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT "PROVING 1998-1999 SALARY ADJUSTMENT FOR THE CONTROLLER AND APPROVING AMENDMENT TO CONTROLLER EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Nfidpeninsula Regional Open Space District entered into an Agreement, dated August 23, 1995, with Michael L. Foster, employed by the District as its Controller since May 1, 1978; and WHEREAS, the Agreement provides for an annual review of Controller's performance and consideration of any proposals by the Board or by Controller to modify or amend the Agreement; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board desires to adjust Controller's annual compensation to $15,000 retroactive to April 1, 1998, in recognition of his performance and the increase in the cost of living; and WHEREAS, the Board further desires to reimburse Controller up to $2,800 for the purchase of computer equipment that will enable Foster to work outside the District's office and interconnect with the District's computer system; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District do authorize the President of the Board of Directors to execute the attached First Amendment to the Controller Employment Agreement on behalf of the Nfidpeninsula Regional Open Space District to increase the Controller's salary to $15,000 per annum retroactive to April 1, 1998 and to include reimbursement up to $2,800 for the purchase of computer equipment to enable Controller to work outside the District's office and interconnect with the District computer system. First Amendment to Employment Agreement Controller WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Employment Agreement ("Agreement"), dated August 23, 1995, with Michael L. Foster ("Foster"), employed as the District's Controller since May 1, 1978; and WHEREAS, the Agreement provides for an annual review of Foster's performance and consideration of any proposals by the Board or by Foster to modify or amend this Agreement; and WHEREAS, the Board has completed its annual review and desires to adjust Foster's current compensation, retroactive to April 1, 1998, increasing his salary to $15,000 per annum; and ' Agreementreimbursement u to 2 800 for WHEREAS, the Board wishes to include in Foster's p $ , purchase of computer equipment that will enable Foster to work outside the District's office and interconnect with the District's computer system; NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as follows: 1 Effective retroactively to April 1, 1998, Section 4(a) is hereby amended to read as follows: (a) Salaa. As compensation for the services to be performed hereunder, Foster shall receive an annual salary in the amount of$15,000. 2) Effective immediately, new Section 4(c) is hereby added: (c) Computer EQuipment. District agrees to reimburse Foster up to a total of$2,800 for the purchase of computer equipment that will enable Foster to work outside the District's office and interconnect with the District's computer system. It is further agreed that in all other respects the Agreement is hereby ratified and reaffirmed. In witness whereof, the parties have executed the Amendment this day of 1998. By: Betsy Crowder, President Michael L. Foster, Controller Board of Directors Regional Open S, ace R-98-83 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-15 June 24, 1998 AGENDA ITEM 6 AGENDA ITEM Proposed Amendment to Purchase Agreement for Acquisition of Aitken Property Addition to Russian Ridge Open Space Preserve GENERAL. MANAGER'S RECOMMENP�ATION` Adopt the attached resolution accepting an Amendment to Purchase Agreement and authorizing President of the Board or other appropriate officer to execute the Amendment and a Grant Deed to complete the boundary reconfiguration for the Aitken property. DESCRIPTION (see attached man) At your meeting of April 22, 1998, you approved a three-party agreement for the acquisition of the 44-acre Aitken property as an addition to Russian Ridge Open Space Preserve. As part of that transaction, you also authorized the purchase of a development restriction over the residential inholding which has since been sold by the Aitkens to the Kennedys (see report R-98-57). During the preparation of the survey and legal descriptions required to complete the reconfiguration of parcels, the parties recognized that the transfer of title as set forth in the Purchase Agreement would result in an unusually lengthy application process through San Mateo County. Therefore, the parties desire to amend the Purchase Agreement to allow the District to take title to the entire undeveloped portion of the Aitken property. The District would then grant a portion of this property to the Kennedys to complete the reconfiguration of the open space parcel and finalize the 6-acre homesite as provided in the Purchase Agreement. All other terms and conditions of the Purchase Agreement would remain in full force and effect including the grant of a development restriction over the reconfigured homesite in favor of the District. CEQA COMPLIANCE This transaction was determined to be categorically exempt from CEQA (the California Environmental Quality Act) at your April 22, 1998 meeting. The findings detailed in the prior staff report (R-98-57) remain in effect and unchanged. The District further concludes that the action proposed in this report does not constitute a change to the project which would result in any additional impact on the environment. The physical project remains unchanged; these amendments are purely procedural in nature. Prepared by: Michael C. Williams, Real Property Representative Contact person: same as above 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 I RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF AMENDMENT TO PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE GRANT DEED TO COMPLETE THE BOUNDARY RECONFIGURATION OF PARCELS, 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.) 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 ace Distric t Pe g Pe Space does hereby accept the attached Amendment to Purchase Agreement between Donald W. Aitken Jr., et al., and William P. and Marion H. Kennedy, husband and wife, and the Midpeninsula Regional Open Space District, and authorizes the President or appropriate officers to execute the Amendment to Purchase Agreement on behalf of the District. Section Two. This Amendment is incorporated into that certain Purchase Agreement dated April 22, 1998 as approved by Resolution 98-19 of the Board of Directors. All of the remaining terms and conditions of said Purchase Agreement remain in full force and effect. Section Three. The President of the Board of Directors or other appropriate officer is authorized to execute a Grant Deed reconveying title to a portion of Aitken et al property to the Kennedys completing the reconfiguration of parcels that is a condition of the Purchase Agreement. Section Four. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. RUSSIAN RIDGE OPEN SPACE PRESERVE Midpeninsula Regional Open Space District N RUSSIAN RIDGE 1800 OPEN SPACE PRErSERVE 2200 COAL CREEK 2000 OPEN SPACE PRESERVE o 2000 Access Road Parcel 2 --------------�. 078-210-140 = � ---- --- ••• Parcel 1 078-210-050 X 204'5' Potential RUSSIAN RIDGE Building OPEN SPACE PRESERVE Sites 0 500' EXHIBIT A: PARCELS 1 AND 2 RUSSIAN RIDGE OPEN SPACE PRESERVE Midpeninsula Regional Open Space District 2200 FwSSIAN RIDGE COAL CREEK ; .N OPEN SPACE PRESERV OFEN SPACE PRESERVE rev- 2000 77, is,fir � 2000 Spring Parcel 2A Access Roa"ci , Site _______ __________ -- - Open Space - .— Rec'o fi ured - Parcel ; Home Site — Pasture Area X 2045' Well Site Parcel 1 A Utility Meter 0 500' EXHIBIT B-1: PARCELS 1A AND 2A AMENDMENT TO PURCHASE AGREEMENT- BARGAIN SALE The following terms and conditions are hereby incorporated in and made a part of the Purchase Agreement ("Agreement") executed by Sellers and Kennedys on April 16 and 20, 1998, on the real property located within the unincorporated area of the County of San Mateo, State of California, containing approximately forty-four(44) acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Numbers 080-210-050 and -140 in which the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT is the Buyer and the Donald W. Aitken Jr., Elizabeth J. Aitken, Rapar Dixon Naess and Beth R. Barth are referred to as the Sellers and William P. Kennedy and Marion H. Kennedy, husband and wife referred to as Kennedys. The Purchase Agreement is amended as follows: 1. Section I(f) shall be added as follows: In order to complete the boundary configuration of the Open Space Parcel and the Reconfigured Home Site, Sellers, District and Kennedys agree to transfer title in the following order: i) Kennedys' shall grant to District fee title to a portion of Parcel 1. Parcel 1 (San Mateo County Assessor's Parcel Number 078-210-050) is shown on Exhibit "A" of said Purchase Agreement. The portion of Parcel 1 shall include the access road and ridgeline to the south and west of the Reconfigured Home Site as shown as Parcel 1-A on Exhibit "B-1" and incorporated herein by this reference. ii) The Sellers shall grant to District fee title to Parcel 2 (San Mateo County Assessor's Parcel Number 078-210-140) as shown on Exhibit "A". iii) The District shall grant to Kennedys fee title to a portion of Parcel 2 which shall include the pasture area to the east and the garden area to the north which will bring the Reconfigured Home Site to a total of 6± acres in size, as shown as Parcel 2-A on Exhibit "B-1". iv) Pursuant to Section l(c) SjLrygy, a survey of accurate legal descriptions shall be prepared for the above described grant deeds. 2. Section 3(a). The time provided for in the escrow for the close thereof shall be on or before July 31, 1998 or a reasonable time thereafter to complete this transaction. 3. Section 12 District shall have until midnight July 8, 1998 to execute and accept this Amendment to the Purchase Agreement. The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. In all other respects, the Agreement remains in full force and effect unamended. DISTRICT: SELLERS: MIDPENINSUT_•A REGIONAL. OPEN By: i SPACE DISTRICT Donald W. Aitken, Jr �C l ACCEPTED FOR RECOMMENDATION By: -& Eli be J. kitken fMichael C. Williams, Real Property By: �^ Representative Ragnar Dixon Naess�,.,.,. � APPROVED AS TO FORM: By: Beth R. Barth Sue Schectman, District Counsel Date: A i i RECOMMENDED FOR APPROVAL: KENN DYS: I � L. Craig Britton General Manager By: William P. Kennedy APPROVED AND ACCEPTED: By: anon H. Ke nedy President, Board of Directors p Date: AST: District Clerk Date: i Re i r . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-78 Meeting 98-15 June 24, 1998 AGENDA ITEM 7 AGENDA ITEM Final Approval of Amendments to the Site Naming and tft Recognition Policy GENERAL MANAGER'S RECOMMENDATION Approve the attached amendments to the District's Site Naming and Gift Recognition Policy DISCUSSION At your May 27, 1998 meeting you tentatively approved minor revisions to the District's Site Naming and Gift Recognition Policy(see report R-98-63). This policy was originally adopted on August 25, 1993, and amended on September 14, 1994 (see reports R-93-90 and R-94-89). To provide ample opportunity for public review and comment,consideration of final approval was deferred until the second meeting following the meeting at which the item was tentatively approved. The proposed revisions were provided as part of the mailing to all agenda packet subscribers, were placed on the District web site as part of the normal agenda posting, and were mailed to Peninsula Open Space Trust. There have been no comments from the public on the proposed changes. Staff recommends that the Board give final approval to the proposed changes to this policy. Prepared by: Malcolm Smith, Public Affairs Manager Contact person: Same as above i 330 Distel Circle Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX:650-691-0485 - E-mail: mrosdMopenspace.org Web site:www.opensl)ace.org 130anJ of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz *6eneral Manager:t_Craig Britton POLICY FOR SITE NAMING AND GIFT RECOGNITION Adopted by the Board of Directors, August 25, 1993 Amended September 14, 1994 Amendments Tentatively Adopted May 27, 1998 I. SITE NAMING All District site names and signs should be kept as simple and functional as possible. When a property is acquired, either as an addition to an existing preserve or for the establishment of a new preserve, a name will be recommended in the Preliminary Use and Management Plan. In most cases, "open space preserve" is appropriate as part of the name; however, there may be circumstances when another designation may be used. In some cases, a temporary name may be retained until the next Comprehensive Use and Management Plan review. Memorial plaques that are not part of the District's standard informational signs shall be discouraged. Any Board approved memorial names may be included in site brochures, maps, or other informational materials. A. Open Space Preserves The name given to each open space preserve should be general enough to remain suitable if the site is enlarged, but specific enough to give its location some significance. Properties added to an open space preserve may not always be contiguous with that preserve. 1. Preserves shall be named after: a) geographical features of broad, general significance to the preserve; b) historical persons, uses, or events broadly associated with the locale. 2. Preserves shall not be named after any individuals other than historical persons as noted above. B. Preserve Areas Trails, Site Improvements, Historic Sites and Unnamed Natural Features This designation refers to specific locations, land formations, trails, natural and physical features, staging areas and other site improvements, and areas of significance within open space preserves. Recognition of significant land gifts, including "bargain" purchases, will be negotiated at the time of the gift or bargain purchase. 1. Preserve areas,trails, site improvements, historic sites and unnamed natural features shall ordinarily be named after: a) geographical, botanical or zoological identification; b) historical persons, uses, or events associated with the site, or significant supporters of open space I 2. Preserve areas, trails, site improvements, historic sites and unnamed natural features shall not be named after any living individual. II. GIFT RECOGNITION The purpose of the gift recognition policy is to provide an opportunity for the District to recognize and commend individuals or groups that have made significant contributions of cash, equipment, materials, goods or professional services toward the enhancement of the District, its programs, and its facilities. This policy includes those memorial gifts referred to POST by the District or initiated by POST in accordance with the Memorial and Commemorative Sitting Areas program approved by the Board on February 10, 1993. New bench locations will be considered by staff during the Use and Management Plan process for each preserve. Bench sites that are approved by the Board may be designated for inclusion in POST's Memorial and Commemorative Sitting Areas program. The District will not maintain a separate memorial and/or commemorative bench program, except under the Special Recognition section of this policy. No type of on-site plaques will be considered under the Gift Recognition section of this policy. Unsolicited cash gifts,-rifts for specific projects* and memorials(includes cash equipment, materials, goods or professional services) Value: $ 0 - $ 499 Letter signed by General Manager $ 500 - $ 999 Letter signed by President of the Board $ 1,000 - $4,999 **Resolution of the Board(Special Order of Day) $ 5,000 or more "Resolution of the Board and photo of preserve (Special Order of Day) * MROSD-approved projects only -unapproved projects are discouraged and require formal U&M amendment which will not necessarily be recommended by staff or approved by Board. ** These items will be provided only if desired b the donor. P Y Y z :ter III. SPECIAL RECOGNITION A. Founders Special recognition for the founders of the District, either as individuals or as a group, may be recommended by an appropriate Board committee and'approved by the Board. "Founders" shall be defined as an individual or group of individuals who participated in the formation of the District, or were significant supporters of the formation of the District. A committee appointed by the Board will make any final determinations as to the inclusion of specific individuals or groups in the category "Founders." B. Significant Supporters Special recognition for individuals or groups which have provided significant or extraordinary support to the District may be recommended for approval by the Board. "Significant Supporters" is defined as individuals or a group of individuals who have shown conspicuous or noteworthy support for the District through significant, extraordinary contributions of funds, land, time, or effort to the advancement of the goals,philosophy and mission of the District. IV. RECOGNITION OF HISTORIC SITES A. A recognition monument, normally in plaque form, may be considered by the Board if it is in relation to a specific existing building or other remaining structure of significant historic value. In such cases, the plaque will be affixed or in close proximity to'the structure itself. If there is no structure, then recognition may be considered for inclusion on District informational materials or trail signage. Such a site, in the absence of a building or structure, will ordinarily not be physically marked except as determined by the Board on a case-by-case basis as part of the Use and Management planning process for the corresponding open space preserve . I Rt�gplonal Open MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-86 Meeting 98-15 June 24, 1998 AGENDA ITEM__ AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for Wind Hill n P g Y � Space Preserve to Upgrade the Spring Ridge Picnic A -and Install a Commemorative Bench on Anniversary Trail a� GENERAL MANAGER'S RECOMM .NDATION ` Adopt the amendment to the Use and Management Plan for Windy Hill Open Space Preserve to Upgrade the Spring Ridge Picnic Area and Install a Commemorative Bench on Anniversary Trail. DISCUSSION At your May 27, 1998 meeting you tentatively approved an amendment to the Use and Management Plan for Windy Hill Open Space Preserve to upgrade the Spring Ridge Picnic Area and install a bench on Anniversary Trail (see report R-98-62). At the May 27 meeting, a suggestion was made by a member of the public that an equestrian hitching post be added or designated in the picnic area, allowing equestrians to enjoy the area. Staff identified a section of the existing split rail fence which may also serve as a horse hitching post (see attached map). Pending your approval, Staff will add a sign designating the section of fencing as a horse hitching area. Staff has received no further public comment on this matter since your May 27 meeting. CEQA Compliance At your May 27 meeting you determined that the project is categorically exempt from the California Environmental Quality Act (CEQA). Prepared by: Mary de Beauvieres, Acting Senior Planner Contact person: Same as above 130 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,Jett Cyr,Davie)T.Smernoff,Nonette:Nanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Cram Britton 40 Windy Hill Open Space Preserve Parking Area ANNIVERSARY ♦ 4-1 TO HAMMS GULCH TRAIL ` TRAIL DISCED AREA 00 00 4 � r � r I I I I WINDY HIL N SIGNBOARDS \ LOCATION FOR I 1 1 I HORSE HITCHING I 1 RAIL I 1 PICNICTABLES I I I 1 I I II OCATION FOR I 1 NEVY RESILROOM I I EXISTING TEMPORARY PARKING AREA RESTROOM o O rz o � a centerline SKYLINE BLVD. Z not to scale Schematic Site Plan 6/17/98 Regional ice o MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-85 Meeting 98-15 June 24, 1998 AGENDA ITEM_ AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for Monte Bello Open Space Preserve to Reconfigure the Black Mountain B ta'ek Camp ,FNER AI.MANAGER'S RE.COMMENDATION Adopt the amendment to the Use and Management Plan for Monte Bello Open Space Preserve to revise the Conditional Use Permit with the City of Palo Alto and reconfigure the backpack camp. DISCUSSION At your May 27, 1998 meeting you tentatively approved an amendment to the Use and Management Plan for Monte Bello Open Space Preserve to proceed with revisions to the Conditional Use Permit for the backpack camp at Black Mountain. You also tentatively approved reconfiguring the backpack camp to add a group camp site, increase the number of campers allowed, and recognize the contributions of the former owner, George Morell (see report R-98-68). Staff has received no public comment on this matter since your May 27 meeting. CEQA Compliance At your May 27 meeting you determined that the project is categorically exempt from the California Environmental Quality Act (CEQA). Prepared by: Mary de Beauvieres, Acting Senior Planner Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 Phone:650-691-1200 FAX:650-691-0485 , E-mail: mrosdrXopenspac:e.org Web site:www.openspace.org 6o,vd of Directors:Pete:Siernens,Mary(-.Davey,Jed Cyr, David T.Srnennoff,Nonette Hanko,Betsy Crowder, Kenneth(".Nitz « General Manager.L.Craig Britten Regional Open !., ,.ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-98-84 Meeting 98-15 June 24, 1998 AGENDA ITEM10 AGENDA ITEM Final Adoption of an Amendment to the Use and Management Plan for Long Ridge Open Space Preserve to Realign a Section of the Bay Area Rid Trail in the HickoryOak Ridge P g Y � g Area GENERAL. MANAGER'S RECOMMENDATION Adopt the amendment to the Use and Management Plan for Long Ridge Open Space Preserve to realign an approximately 0.1 mile segment of the Bay Area Ridge Trail. DISCUSSION At your May 27, 1998 meeting you tentatively approved an amendment to the Comprehensive Use and Management Plan for Long Ridge Open Space Preserve to realign a section of the Bay Area Ridge Trail in the Hickory Oak Ridge Area of the preserve (see report R-98-65). Staff has received no public comment on this matter since your May 27 meeting. CEQA Compliance At your May 27 meeting you determined that the project is categorically exempt from the California Environmental Quality Act (CEQA). Prepared by: Mary de Beauvieres, Acting Senior Planner Contact person: Same as above 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 Rqqlonal Open .. rac Meeting 98-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 24, 1998 AGENDA ITEM -11 AGENDA ITEM Approval of Subsequent Settlement Agreement Documents for Proposed Acquisition of the Russian Convent of Our Lady of Vladimir, Inc. Property Creating the Mills Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this repor t. 2. Adoption of Resolution authorizing execution of the real estate Purchase Agreement and ;:<.;:;- �;;;;<:.:;;.;: .:;: ;:::;:.:: ::; between the District and Russian attached documentsac [ 1 ;;q ; s ; t1 : Convent of Our Lady of Vladimir, Inc. implementing the Settlement and General Release Agreement signed between the parties on April 8, 1998. 3. Adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property Mills Creek Open Space Preserve. 4. Indicate your intention upon acquisition to dedicate the fee pop t ;) stt;;pt pleb ,qpe l and open space easement ...opgp .l�q ports 5. Reaffirm authorization for General Manager to enter into an agreement for professional services to seek an alternative site, upon request by Russian Convent of Our Lady of Vladimir, Inc. INTRODUCTION The District is considering the acquisition of a portion of the 280-acre Russian Convent of Our Lady of Vladimir, Inc. property located south of the intersection of Skyline Boulevard and State Highway 92 in San Mateo County. The acquisition is a result of the Settlement and General Release Agreement approved by the Board of Directors on April 8, 1998. Earlier, a finding and determination of public necessity requiring the acquisition of the property for open space purposes was adopted by the Board on March 18, 1998 and suspended on March 25, 1998 (see report R-98-36). The Settlement Agreement contained provisions for the District to acquire the following: a) fee title to approximately 165 acres of land to the north and west of the proposed convent and chapel buildings, b) an open space easement over approximately 87 acres of land located to the south of the proposed convent and chapel buildings, '330 Dise Circle t I - Los Altos CA 94022-1404 - Phone: 650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@openspace.org s Web site:www.openspace.org Board of Direc tors.Pate Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff, Nanette Hanko,Betsy Crowder,Kenneth C.Nitz + General Manager L.Craig Britton INA- Purchase Agreement Page 8 "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. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) B. Re=sen a ions and Warranties. Seller is selling the Subject Property in an "as is" condition without warranty or representation except as set forth herein as to the condition of the Subject Property, its suitability for any particular use, the condition of soils, or the presence or absence of hazardous waste. Seller purchased the Real Property in 1996 and has not used or occupied the Property since the acquisition. Seller's knowledge of the physical condition of the Subject Property is limited to a visual inspection of said property. District has performed numerous studies and inspections of the Subject Property pursuant to a Mediation Agreement dated ct x' ApI t 8�99$. For the purpose of consummating the sale and purchase of the Subject Property, Seller makes the following representations and warranties to District to the best of Seller's knowledge, which shall survive close of escrow, each of which is material and is being relied upon by District. Seller knows of no Hazardous Waste or underground storage tanks on the Subject Property, nor of any previous use or storage of Hazardous Waste on the Subject Property and will not use or store such waste on the Subject Property. Seller has no knowledge that the property is not in compliance with all applicable federal, state and local laws and regulations pertaining to Hazardous Waste and has no knowledge that there are any pending or threatened litigation or proceedings before any administrative agency regarding Hazardous Waste. Seller has not received any notice or other communication of any kind from any governmental authority or from any private entity, including previous owners, relating to the presence or use of Hazardous Waste on the Subject Property. 15. District shall maintain roads on the Subject Property accessible through its Patrol and Maintenance Easement consistent with protection of the ecological resources of the Subject Property, and as deemed necessary for public safety or fire protection. This Section shall not be construed to and is not intended to create any duty owed by District to Seller to take any action to protect the Seller's adjacent property. 16. Miscellaneous Provisions. A. This Agreement shall be construed and enforced pursuant to the laws of the State of California. PA (b) Grantor shall be responsible for, indemnify and save harmless Grantee, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to the ownership, operation, maintenance or use of this Easement by Grantor, its officers, agents, representatives, invitees of Grantor, and all persons brought or invited onto Grantor's property by Grantor provided that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of Grantor. The duty of the Grantor to and save harmless includes the du tyto defend as set forth in Civil Code Section 2778. (c) Grantor and Grantee agree to cooperate in the event of claims or litigation against either party. (d) Grantee shall carry general liability insurance for property damage, death and bodily injury covering its risks arising out of the exercise of any of its rights under this Easement. 6tantor shaff be named wt additional insured on die poficr. Said policy shall be in an amount not less than One Million Dollars ($1,000,000) combined single limit. Grantee shall furnish Grantor a Certificate of Insurance evidencing such insurance coverage. Grantor shall carry general liability insurance for property damage, death and bodily injury covering its risks arising out of its ownership, operation and maintenance of the Easement. Eirwitee shaii be narried as mi additional insured on the policy. Said policy shall be in amount not less than One Million Dollars ($1,000,000) combined single limit or such other reasonable lesser limit as approved by Grantee. Grantor shall furnish Grantee a Certificate of Insurance evidencing such insurance coverage. 10. Subsequent Conveyance of the Property. Grantor shall incorporate by reference hereto the terms of this Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor shall give written notice to Grantee of the transfer of any interest in the Property at least 30 days prior to the date of such transfer. Grantor shall provide a complete copy of this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 11. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: The Russian Convent of Our Lady of Vladimir, Inc. 3365-19th Street San Francisco, CA 94110 (415) 824-3475 Page 7 J . GRAN T DEED OF FAIL AID MAINTENANCE:? C+CESS EA tE1VT_ 17EDLIIE COPS WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager GRANT DEED OF PATROL AND MAINTENANCE ACCESS EASEMENT This Grant Deed of Easement Agreement ("Agreement") is made as of this date , 1998 between the Russian Convent of Our Lady of Vladimir, Inc., a California non-profit religious corporation(hereafter"Grantor") and the Midpeninsula Regional Open Space District, a California public agency (hereafter"Grantee"). A. The Russian Convent of Our Lady of Vladimir, Inc., a California corporation ("Grantor") is the owner of certain real property located in San Mateo County, California, adjacent to 12130 Skyline Boulevard, consisting of a portion of the parcel commonly known as Assessor's Parcel Number 067-310-110. The legal description of the real property is attached hereto, marked "Exhibit A" and incorporated by this reference (hereafter "the Grantor Property"). B. Midpeninsula Regional Open Space District, a California public agency ("Grantee") is the owner of certain real property located adjacent to the Grantor Property, consisting of a portion of the parcel commonly known as Assessor's Parcel Number 067-310- 110 (hereafter "the Grantee Property"). The legal description of the Grantee Property is attached hereto, marked "Exhibit B" and incorporated by this reference. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee an easement described in Exhibit C, attached hereto and incorporated herein by reference. The easement granted herein is appurtenant to the Grantee Property. The easement granted herein is subject to the following conditions and covenants: 1. Character and PurpQse of Easement. The easement granted herein is a non-exclusive easement no less than fourteen (14) feet in width for pedestrian and vehicle ingress and egress over the Grantor Property for patrol, for maintenance and repair of the Grantee property and/or maintenance and repair of the Easement. The easement may also be used for emergency purposes as described herein and as shown on Exhibit C. At all times the privacy and security of the Grantor shall be respected to the greatest extent possible. 2. Conditions. (A) Grantee's use of the easement for patrol purposes shall not exceed one (1) round trip per month without the prior written approval of Grantor. Patrol use shall occur upon a reasonable schedule approved by Grantor, Grantor's consent not to be unreasonably withheld. Page 1 . .........V ......... N."N ACQ W,W A ill Grantee, and all persons brought or invited onto 6rantee' property by Grantee except for liability attributable to the active negligence of Grantor. The duty of the Grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantor shall be responsible for, indemnify and save harmless Grantee, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to the use of this Easement by Grantor, its officers, agents, representatives, invitees, of Grantor, and all persons brought or invited onto Grantee's property by Grantor provided that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of Grantor. The duty of the Grantor to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantor and Grantee agree to cooperate in the event of claims or litigation against either party. Grantee shall carry general liability insurance for property damage, death and bodily injury during the term of this Agreement covering its risks arising out of the exercise of any of its rights under this Easement. 6rantor shaft be named an additional insured on the policy- Said policy shall be in an amount not less than One Minion Dollars ($1,000,000) combined single limit. Grantee shall furnish Grantor a Certificate of Insurance evidencing such insurance coverage. Grantor shall carry general liability insurance for property damage, death and bodily injury covering its risks arising out of its ownership, operation and maintenance of the Easement. 6,antee shali be nmyted as mi additional insuJILTAIA ox, the policy. Said policy shall be in amount not less than One Million Dollars ($1,000,000) combined single limit or such other reasonable lesser limit as approved by Grantee. Grantor shall furnish Grantee a Certificate of Insurance evidencing such insurance coverage. 5. Consultation and Mediation. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, unless despite its good faith efforts a party has been unable to contact the other party, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. If such consultation fails to resolve the disagreement or conflict, in all instances the parties shall participate in good faith in non-binding mediation with a mutually agreed upon mediator, prior to the initiation of any litigation. Mediation is not required in the event of any actual or imminent physical harm to the Easement which is the subject of this Agreement or in the case of serious fire or public safety emergency, although a good faith effort to contact the other party for consultation is required. 6. Relocation of Easement. Relocation of the patrol, maintenance and access easement in the general vicinity of the existing access road between Skyline Boulevard and the Grantee Property is permitted at Grantor's sole cost. Any such realignment of the access road shall be Page 3 jA correction was made to the June 24, 1998 Minutes at the Regular Board Meeting, July 22, 1998. On page 12 the second Motion should read: J. Cyr moved that the...and K. Nitz seconded the motion. Regional Open ace Meeting 98-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 24, 1998 AGENDA ITEM 11 AGENDA ITEM Approval of Subsequent Settlement Agreement Documents for Proposed Acquisition of the Russian Convent of Our Lady of Vladimir, Inc. Property Creating the Mills Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adoption of Resolution authorizing execution of the real estate Purchase Agreement and attached documents� Offt#10W between the District and Russian Convent of Our Lady of Vladimir, Inc. implementing the Settlement and General Release Agreement signed between the parties on April 8, 1998. 3. Adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property Mills Creek Open Space Preserve. . ........ .. .... ... .. 4. Indicate your intention upon acquisition to dedicate the fee . ... MW*4j&0 and #0 open space easement pottions ofthz property as public open space. 5. Reaffirm authorization for General Manager to enter into an agreement for professional services to seek an alternative site, upon request by Russian Convent of Our Lady of Vladimir, Inc. INTRODUCTION The District is considering the acquisition of a portion of the 280-acre Russian Convent of Our Lady of Vladimir, Inc. property located south of the intersection of Skyline Boulevard and State Highway 92 in San Mateo County. The acquisition is a result of the Settlement and General Release Agreement approved by the Board of Directors on April 8, 1998. Earlier, a finding and determination of public necessity requiring the acquisition of the property for open space purposes was adopted by the Board on March 18, 1998 and suspended on March 25, 1998 (see report R-98-36). The Settlement Agreement contained provisions for the District to acquire the following: a) fee title to approximately 165 acres of land to the north and west of the proposed convent and chapel buildings, b) an open space easement over approximately 87 acres of land located to the south of the proposed convent and chapel buildings, 330 Distel Circle * Los Altos,CA 94022-1404 * Phone:650-691-1200 FAX:650-691-0485 * E-mail:mrosd@openspace.org e 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 ,.lrjutv Purchase Agreement Page 8 "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. Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.) B. Representations and Wa ranties. Seller is selling the Subject Property in an "as is" condition without warranty or representation except as set forth herein as to the condition of the Subject Property, its suitability for any particular use, the condition of soils, or the presence or absence of hazardous waste. Seller purchased the Real Property in 1996 and has not used or occupied the Property since the acquisition. Seller's knowledge of the physical condition of the Subject Property is limited to a visual inspection of said property. District has performed numerous studies and inspections of the Subject Property pursuant to a Mediation Agreement dated Axr April i 8, For the purpose of consummating the sale and purchase of the Subject Property, Seller makes the following representations and warranties to District to the best of Seller's knowledge, which shall survive close of escrow, each of which is material and is being relied upon by District. Seller knows of no Hazardous Waste or underground storage tanks on the Subject Property, nor of any previous use or storage of Hazardous Waste on the Subject Property and will not use or store such waste on the Subject Property. Seller has no knowledge that the property is not in compliance with all applicable federal, state and local laws and regulations pertaining to Hazardous Waste and has no knowledge that there are any pending or threatened litigation or proceedings before any administrative agency regarding Hazardous Waste. Seller has not received any notice or other communication of any kind from any governmental authority or from any private entity, including previous owners, relating to the presence or use of Hazardous Waste on the Subject Property. 15. District shall maintain roads on the Subject Property accessible through its Patrol and Maintenance Easement consistent with protection of the ecological resources of the Subject Property, and as deemed necessary for public safety or fire protection. This Section shall not be construed to and is not intended to create any duty owed by District to Seller to take any action to protect the Seller's adjacent property. 16. Miscellaneous Provisions. A. This Agreement shall be construed and enforced pursuant to the laws of the State of California. I (b) Grantor shall be responsible for, indemnify and save harmless Grantee, its officers, agents and employees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to the ownership, operation, maintenance or use of this Easement by Grantor, its officers, agents, representatives, invitees of Grantor, and all persons brought or invited onto Grantor's property by Grantor provided that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of Grantor. The duty of the Grantor to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. (c) Grantor and Grantee agree to cooperate in the event of claims or litigation against either party. (d) Grantee shall carry general liability insurance for property damage, death and bodily injury covering its risks arising out of the exercise of any of its rights under this Easement. 6zantor shail be nanted n additionat insured on die poticr.. Said policy shall be in an amount not less than One Million Dollars ($1,000,000) combined single limit. Grantee shall furnish Grantor a Certificate of Insurance evidencing such insurance coverage. Grantor shall carry general liability insurance for property damage, death and bodily injury covering its risks arising out of its ownership, operation and maintenance of the Easement. 6rantee shaif be named as mi additionai insured on the policy. Said policy shall be in amount not less than One Million Dollars ($1,000,000) combined single limit or such other reasonable lesser limit as approved by Grantee. Grantor shall furnish Grantee a Certificate of Insurance evidencing such insurance coverage. 10. SSubscQuent Conveyance of the Prop. Grantor shall incorporate by reference hereto the terms of this Easement in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor shall give written notice to Grantee of the transfer of any interest in the Property at least 30 days prior to the date of such transfer. Grantor shall provide a complete copy of this Easement to its transferee prior to any such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 11. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: The Russian Convent of Our Lady of Vladimir, Inc. 3365-19th Street San Francisco, CA 94110 4 2 1584-3475 Page 7 II GRANT DEED QF FA" LAND MAINTENAl1tCxE ACCESS EF,N`E': REI} TIYI COPS WHEN RECORDED MAIL TO: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager GRANT DEED OF PATROL AND MAINTENANCE ACCESS EASEMENT This Grant Deed of Easement Agreement("Agreement") is made as of this date , 1998 between the Russian Convent of Our Lady of Vladimir, Inc., a California non-profit religious corporation (hereafter"Grantor") and the Midpeninsula Regional Open Space District, a California public agency(hereafter"Grantee"). A. The Russian Convent of Our Lady of Vladimir, Inc., a California corporation ("Grantor") is the owner of certain real property located in San Mateo County, California, adjacent to 12130 Skyline Boulevard, consisting of a portion of the parcel commonly known as Assessor's Parcel Number 067-310-110. The legal description of the real property is attached hereto, marked "Exhibit A" and incorporated by this reference (hereafter "the Grantor Property"). B. Midpeninsula Regional Open Space District, a California public agency ("Grantee") is the owner of certain real property located adjacent to the Grantor Property, consisting of a portion of the parcel commonly known as Assessor's Parcel Number 067-310- 110 (hereafter "the Grantee Property"). The legal description of the Grantee Property is attached hereto, marked "Exhibit B" and incorporated by this reference. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee an easement described in Exhibit C, attached hereto and incorporated herein by reference. The easement granted herein is appurtenant to the Grantee Property. The easement granted herein is subject to the following conditions and covenants: 1. Character and Purpose of Easement. The easement granted herein is a non-exclusive easement no-fess-t hap fourteen (14) feet in width for pedestrian and vehicle ingress and egress over the Grantor Property for patrol, for maintenance and repair of the Grantee property and/or maintenance and repair of the Easement. The easement may also be used for emergency purposes as described herein and as shown on Exhibit C. At all times the privacy and security of the Grantor shall be respected to the greatest extent possible. 2. Conditions. A Grantee's use of the easement for patrol purposes shall not exceed one 1 round ( ) P P � r month without the prior written approval of Grant or. Patrol use shall occur upon a trip Po P per P PP ' n not to be unreasonably withheld. h lea roved r Grantor's consent o reasonable sc edu b Grantor, G Y rr Y Page 1 GRANT DEp C>F P I Aiyll IYIATFVANC AC'ESS 1? TFN' ' RDI� COPY Grantee, and all persons brought or invited onto tct ' 6rarrtcc1s property by Grantee except for liability attributable to the active negligence of Grantor. The duty of the Grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantor shall be responsible for, indemnify and save harmless Grantee, its officers, agents and employees p oyees from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to the use of this Easement by Grantor, its officers, agents, representatives, invitees of Grantor, and all persons brought or invited onto Grantee's property by Grantor provided that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of Grantor. The duty of the Grantor to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. Grantor and Grantee agree to cooperate in the event of claims or litigation against either party. Grantee shall carry general liability insurance for property damage, death and bodily injury during the term of this Agreement covering its risks arising out of the exercise of any of its rights under this Easement. 6rantor shaff be rimned an additionaf hisaired on the poFtey-. Said policy shall be in an amount not less than One Million Dollars ($1,000,000) combined single Emit. Grantee shall furnish Grantor a Certificate of Insurance evidencing such insurance coverage. Grantor shall carry general liability insurance for property damage, death and bodily injury covering its risks arising out of its ownership, operation and maintenance of the Easement. . Said policy shall be in amount not less than One Million Dollars ($1,000,000) combined single limit or such other reasonable lesser limit as approved by Grantee. Grantor shall furnish Grantee a Certificate of Insurance evidencing such insurance coverage. 5. Consultation and Mediation. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to this Easement, unless despite its good faith efforts a party has been unable to contact the other party, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. If such consultation fails to resolve the disagreement or conflict, in all instances the parties shall participate in good faith in non-binding mediation with a mutually agreed upon mediator, prior to the initiation of any litigation. Mediation is not required in the event of any actual or imminent physical harm to the Easement which is the subject of this Agreement or in the case of serious fire or public safety emergency, although a good faith effort to contact the other party for consultation is required. 6. Relocation of Easement. Relocation of the patrol, maintenance and access easement in the general vicinity of the existing access road between Skyline Boulevard and the Grantee Property is permitted at Grantor's sole cost. Any such realignment of the access road shall be Page 3 i it Regional Open S, -ice R-98-89 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-15 June 24, 1998 AGENDA ITEM 11_ AGENDA ITEM Approval of Subsequent Settlement Agreement Documents for Proposed Acquisition of the Russian Convent of Our Lady of Vladimir, Inc. Property Creating a Mills Creek Open Space Preserve GENERAL. MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adoption of Resolution authorizing execution of the real estate Purchase Agreement and attached documents between the District and Russian Convent of Our Lady of Vladimir, Inc. implementing the Settlement and General Release Agreement signed between the parties on April 8, 1998. 3. Adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property Mills Creek Open Space Preserve. 4. Indicate your intention upon acquisition to dedicate the fee and open space easement portions of the property as public open space. 5. Reaffirm authorization for General Manager to enter into an agreement for professional services to seek an alternative site, upon request by Russian Convent of Our Lady of Vladimir, Inc. INTRODUCTION The District is considering the acquisition of a portion of the 280-acre Russian Convent of Our Lady of Vladimir Inc. property located south of the intersection of Skyline Boulevard and State Highway 92 in i � P Pe Y kY San Mateo County. The acquisition is a result of the Settlement and General Release Agreement approved by the Board of Directors on April 8, 1998. Earlier, a finding and determination of public necessity requiring the acquisition of the property for open space purposes was adopted by the Board on March 18, 1998 and suspended on March 25, 1998 (see report R-98-36). The Settlement Agreement contained provisions for the District to acquire the following: a) fee title to approximately 165 acres of land to the north and west of the proposed convent and chapel buildings, b) an open space easement over approximately 87 acres of land located to the south of the proposed convent and chapel buildings, 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 R-98-89 Page 2 c) development restrictions over the approximately 28-acre Convent property reserved for development of convent and associated structures, d) a patrol, maintenance and emergency easement over Convent property for the purposes of managing the 165-acre District property, e) an access agreement over the Convent Property for the purpose of allowing periodic docent-led public hikes on the District property, f) a right of first refusal to purchase all or any portion of remaining Convent property in the event it is sold in the future. Since a survey was completed on the portion of the Convent Property subject to development restrictions, the size of the Convent's development parcel has been reduced from approximately 28 acres to approximately 24 acres, leaving approximately 91 acres in the proposed open space easement. A map of the property to be acquired and restricted can be found as "Exhibit B" to the Purchase Agreement. PROTECT DESCRIPTIQ The project is located in San Mateo County adjacent to Skyline Boulevard and overlooking Burleigh Murray Ranch State Park, and consists of the acquisition and creation of the 165-acre Mills Creek Open Space Preserve, acceptance of an 91-acre open space easement, patrol and maintenance easement and first right of refusal over lands owned by the Russian Convent of Our Lady of Vladimir, Inc. The property is being acquired for public park, recreation, open space and ecological preserve purposes. The project includes concurrent adoption of a Preliminary Use and Management Plan for the fee parcel to maintain the property in a natural condition and preserve fish and wildlife habitat. The plan states the preserve will be managed primarily for conservation and scenic viewshed while allowing controlled public use. A portion of existing roads will be open for docent-led public hiking events and District patrol. Preserving the site in a natural condition will involve restricting public use to existing trails and closing steep roads to allow them to revegetate naturally and reduce erosion. This will protect the habitat for the summer steelhead trout (a Federally Threatened Species). The project also includes the concurrent adoption of a Preliminary Use and Management Plan for the 91-acre open space easement to prohibit future development of structures and roads and to protect most of the property in a natural condition. SITE D SC IP TION (see attached map) PropcAy to be Acquired In Fee The approximate 165-acre property is located on the west side of Skyline Boulevard east of Half Moon Bay and south of State Highway 92. The irregular-shaped property is bounded by Skyline Boulevard and private property to the northeast, lands of Peninsula Open Space Trust (POST) to the south and west, Burleigh-Murray Ranch State Park to the southwest, and remaining lands of Russian Convent of Our Lad of Vladimir Inc. to the east. State Highway 92 lies approximately two and one-half miles to Y � g Y PP Y the north. R-98-89 Page 3 The property extends'west from Skyline Boulevard and includes a portion of a prominent 1,540-foot hilltop and ridgeline which forms the headwaters of Mills Creek. The top of the hill and ridge have moderate to gentle slopes that give way to very steep north, west, and south-facing sideslopes. Two tributaries of Mills Creek encircle the ridge with the north tributary entering the property at the mid- point along the northern boundary. The northeast leg of the property is relatively level near Skyline Boulevard and then drops off steeply into the north fork of Mills Creek. The site's elevation drops from 1,500 feet near Skyline Boulevard to 800 feet near the southwest property comer. The vast majority of the property consists of mature, dense coastal scrub on steep and erodible slopes. Non-native species are located on the disturbed uppermost slopes near Skyline Boulevard. Small patches of grassland are scattered within the coastal scrub. The north tributary of Mills Creeks is bordered by dense riparian vegetation including alders, willow, sedges and ferns. The property has a variety of wildlife including such species as bobcats, bats, coyotes, woodrats, raccoons, shrews, deer and mountain lion. The property is part of an important wildlife corridor in which large numbers of deer move back and forth between the San Francisco Watershed lands on the east, and parklands and open space to the west of the site. The northeast comer of the property provides a major crossing point for deer and other wildlife because the area lying directly to the south of the Convent property has residential development. A mountain lion was observed near the southern boundary. The Townsends Western Big Eared Bat, which is a State Species of Special Concern, was observed in flight at night but, because its flying range is quite broad, it is not known where it resides. (A State Species of Special Concern is a species that is not considered or classified as rare, threatened or endangered. It is an administrative, informal classification which suggests that these species be given consideration during planning for projects.) Summer Steelhead Trout were found on the property in the north tributary of Mills Creek adjacent to the northern boundary. Summer Steelhead Trout are a Federally Threatened Species as of November, 1997. The property offers ideal spawning areas in pools with overhanging banks and dense vegetation. The California Department of Fish and Game is currently restoring steelhead habitat in the reach of Mills Creek passing through Burleigh-Murray Ranch State Park, thereby increasing access to the headwaters within the property. Protection of the steep and highly erodible upper watershed by maintaining it in its natural condition will help protect the steelhead population. Historically, the property and surrounding area was used for a dairy farm in the mid to late 1800's. A ranch house was built on the retained Convent property and the entire area was cleared and used for grazing. Remnants of a small cabin are located on the upper north-facing slope in the northeast portion of the property. In the late 1930's and until the late 1960's, a club used the area for deer hunting and maintained a network of roads along the ridgetops; some of these roads were graded in 1997 by the current owner. The property has remained relatively undisturbed since the cessation of cattle grazing in the 1930's and grasslands have converted to dense coastal scrub. Four unsurfaced roads enter the property from adjacent private parcels. The first is a short 800-foot segment of road that crosses the northeast comer of the property, extending from private property to the north to the Convent property. A trail intersecting this road descends down a ridge in the westerly R-98-89 Page 4 direction and terminates above Mills Creek. A second road enters the property approximately 600 feet west of the proposed convent building and descends northwesterly down the prominent ridge to the north boundary. The first portion of this road is subject to a pedestrian easement which is being retained by the sellers of the property and precludes public use in the future. Further down the road, an intersecting road extends to the southwest, terminating at the southern boundary. Two additional roads enter the property along the east boundary. One road climbs to the prominent 1,540-foot hilltop and continues a short distance to the southwest, and the other crosses the southeast comer of the property. Oren Space Easement The approximate 91-acre open space easement lies east of the District's fee parcel and south of the proposed Convent development. It is bounded by the retained Convent property to the north, the proposed 165-acre District property to the west, lands of Peninsula Open Space Trust to the south, and private properties to the east. The northwest comer of the open space easement wraps around the west side of the proposed convent and chapel buildings. The intent of the easement is to preserve the valuable wildlife habitat, viewshed and watershed as much as possible. The open space easement is comprised of moderate to steep south and west-facing slopes that form the headwaters of the southern tributary of Mills Creek. The vegetation is largely coastal scrub at the higher elevations and riparian near the south tributary of Mills Creek. The uppermost slopes have been disturbed and there are a number of non-native invasive plants including scotch broom, acacia and Eucalyptus. Wildlife species are similar to those found on the adjacent 165-acre District property described above. Summer Steelhead Trout were found near the open space easement in the southern tributary of Mills Creek and are likely to be on the property during the winter and spring when there is more water in the creek. There are three unsurfaced roads on the open space easement, two of which connect to the 165-acre District property. Approximately 100 feet southwest of the proposed convent building, the main access road serving the District property enters the open space easement and then divides into two roads. The north fork enters the District's property and serves as the primary access and patrol route. The south fork extends a short distance and intersects with a road that enters the District's property near the 1,540-foot hilltop and the southeast comer. The third road is on the east side of the open space easement and extends south from the Convent's main entry road to the east boundary where neighboring residences are located. The purpose of the open space easement is to preserve in perpetuity the natural, scenic, and open space values of the property. The easement restricts the property owner to activities relating to the enjoyment of the views and the natural character of the area and restricts such uses as subdivision, development, livestock grazing, commercial and industrial uses and construction of structures, roads and parking lots. It permits pedestrian trails not exceeding six feet in width and fire protection measures as may be required by the San Mateo County Fire Marshal. It limits grading and clearing of vegetation to these permitted uses only. R-98-89 Page 5 Covenants, Conditions and Restrictions Over Convent Property The project includes development restrictions on the 24-acre portion of the Convent property where the proposed convent, chapel and retreat center are to be located. The property is bounded by Skyline Boulevard to the east, private property to the north, and the open space easement to the west and south. The intent of the development restrictions is to limit the development to the existing proposal before the County of San Mateo in an effort to ensure future development will not significantly impact the adjacent open space lands. The restrictions include the following: A. Development of structures is limited to the convent, chapel, retreat center and garage, and any addition or replacement of these building is restricted to the same location and size as specified in the Concept Plan. B. Future development is limited to one auxiliary residence, not to exceed 3,000 square feet in size and 30 feet in height, and small non-commercial accessory structures. The auxiliary structure may only be located in a specific area within the RM-zoned portion of the property near Skyline Boulevard as shown on Exhibit B to the Purchase Agreement. The accessory structures are permitted only north of the 1/4 section line and west of the specific area defined for auxiliary residence. The accessory structures will not exceed 800 square feet individually or an aggregate area of 2,500 square feet, may not exceed 12 feet in height, and will be limited to uses such as storage and gardening. C. Subdivision of the property is prohibited. D. A landscaping plan will be developed and maintained to screen the convent and chapel buildings from adjacent open space lands and Skyline Boulevard. Road, Maintenance and Emergency Faint The District is acquiring an easement through the Convent Property for purposes of providing patrol, maintenance and emergency access to the District's 165-acre property. The easement is to be aligned along the Convent's proposed entry road between Skyline Boulevard and the District property. The easement may be realigned to generally follow the alignment of the existing road in the westerly direction across the saddle of the ridge and angling northwest to the District's property boundary. In the area of the proposed convent and chapel buildings, the easement may be relocated, at the Convent's discretion and cost, to the south of the existing road through the Eucalyptus grove so long as it is not constructed on slopes exceeding 20% and is landscaped to reduce potential visual impact. The easement also provides for emergency access to the road connecting to the prominent 1,540-foot hilltop and southeast corner of the 165-acre property. Conditions of the easement provide for a maximum of one patrol visit per month and two maintenance projects per year unless otherwise agreed by the Convent. Maintenance projects may be conducted over a period not exceeding five days per occurrence. Patrol and maintenance access will be scheduled R-98-89 Page 6 in advance with representatives of the Convent property. Access for emergency purposes such as fire or public safety will be on all roads entering the 165-acre property. USE AND MANAGEMENT PLAN Planning Considerations The 165-acre property is in San Mateo County and subject to zoning and regulations contained in the General Plan and Local Coastal Plan. The Local Coastal Plan is currently being reviewed and updated. The amendments establish new limits on development including more stringent restrictions on ridgeline development. The majority of the property is zoned Resource Management/Coastal Zone District (RM/CZ). Open space use of the property is compatible with the County's General Plan and zoning ordinances. A small portion of the property is within the Skyline Scenic Corridor and the entire property is under a Williamson Act contract. The designations are intended to preserve the open space qualities of the property. The San Mateo County Trails Plan and the Bay Area Ridge Trail show the Ridge Trail Corridor in the vicinity of the property. Consultation with representatives of the Bay Area Ridge Trail indicate a desirable route would be located near Skyline Boulevard between State Highway 92 and Purisima. Creek Redwoods Open Space Preserve. Although the property does not offer a highly desirable route for the Ridge Trail, it does offer an opportunity for a spur to the Ridge Trail which would enhance the trail experience by providing unique vista points and picnic spots. This could only be accomplished if a trail alignment could be developed across private property to the northeast and across steep slopes north of the proposed convent and chapel buildings. Unrestricted public access to the 165-acre property is not possible at this time because public rights to roads and trails across private properties to the north and east, including the Convent property and open space easement, do not exist. Additional property or trail easements will be required before a trail connection can be considered. If acquired, the likely location for a trail would be from the northeast comer of the property and traversing the steep slope north of the proposed convent and chapel buildings. Conditions in the purchase agreement require such a trail to be visually screened from the buildings and appropriate fencing to be installed to avoid possible public trespass onto the Convent property. In addition, a trail on the north slope would need to connect to the patrol road at a point west of the pedestrian easement that protrudes into the District property. As part of the original action taken by the Board on March 18, 1998, authorization was given to the General Manager to enter into an agreement for professional services for site location services at a cost not to exceed $25,000. The District remains committed to helping the Convent find a suitable new location that meets their desired and specific criteria for a building location, if they should choose to abandon their proposed project that is currently before the County of San Mateo. R-98-89 Page 7 Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan for the 165-acre property will take effect upon the District's taking possession of the property. The Plan will maintain the property in its natural condition and limit public access to a maximum of four docent-led public hikes per year. Unrestricted public trail access may be considered in the future if adjacent property or a trail easement can be acquired. Maintaining the property in a natural condition will have a beneficial effect on the site's vegetation and wildlife and protect the viewshed from surrounding open space lands and Skyline Boulevard. The Preliminary Use and Management Plan for the 91-acre open space easement will protect the natural condition and viewshed of the property. Summer Steelhead Trout have been found on-site and, in November 1997, were listed as a Federally Threatened Species. The Preliminary Use and Management Plan will preserve steelhead habitat by allowing steep roads to revegetate and stabilize and by limiting public trail access to a maximum of four events per year and only on existing trails. The two tributaries of Mills Creek are extremely inaccessible and no new trails are planned on-site. The District's consultants observed the Townsends Western Big Eared Bat in flight over the property but could not confirm whether it resided on-site. The consultant stated that if the bat were to reside on- site, the cabin near the northeast corner of the property could provide desirable habitat. The bat is a State Species of Special Concern and the Preliminary Use and Management Plan proposes no change in land use in the northeast corner of the property. The area will be inaccessible except through a private parcel to the north and will remain closed. It will remain in its natural condition which will avoid any impact on the bat if it exists on site. Preliminary Use and Management Plan for 165-acre fee 12r=M. Public Access: Close and secure the property, allowing up to four docent-led public hikes per year; manage the property for conservation and viewshed; parking for docent-led hikes will not be provided on-site but will be available at the intersection of Skyline Boulevard and State Highway 92 and roadside pullouts along Skyline Boulevard. Roads: Existing unsurfaced roads will be maintained in their current condition for hiking trail use and patrol purposes with the exception of steep roads that may be susceptible to erosion which will be closed and allowed to stabilize and revegetate naturally. Signs: Install closed area and private property boundary signs. Structures: Allow cabin to remain to provide possible habitat for the Townsends Western Big Eared Bat, if such resides on-site. R-98-89 Page 8 Vegetation: Control the spread of non-native invasive plants in order to prevent a reduction in biodiversity if access can be gained through private property near the northeast corner; only hand removal of invasive plants will be permitted. Site Safety Inspection: Site inspection has been conducted and there are no known hazards with the exception of the cabin which is inaccessible by the public. Name: Name the property Mills Creek Open Space Preserve. Dedication: Indicate your intention to dedicate the property as public open space at this time. Preliminary Use and Management Plan for 91-acre open Space easement. Public Access: No public access is permitted. Roads: Maintain road easement through open space easement for purposes of providing patrol and maintenance access to the 165-acre property; encourage and assist property owners in restoring steep roads to a natural condition. Vegetation: Encourage and assist property owners with efforts to control non-native invasive plants. Signs: Install private property signs to minimize public trespass onto the property. Monitoring: Enter property once a year on an appointment basis to monitor conditions of easement ensuring ecological values of property are being protected. Dedication: Indicate intention to dedicate the open space easement as public open space at this time. CEQA COMPLIANCE Project Description Refer to Project Description on Page 2 of this report. CEQA Determination The District concludes that this project is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15313, 15316, 15317, 15325 of the CEQA Guidelines. Maintaining the site in its natural condition will have a beneficial effect on the site's wildlife and vegetation. There is no reasonable possibility that establishment of this open space preserve will have a significant effect on the environment. To the contrary, the very purpose of this project is to maintain the natural condition and wildlife habitat of the site. R-98-89 Page 9 Section 15313 exempts the acquisition of lands for fish and wildlife conservation purposes. The property is being acquired to preserve and protect fish and wildlife habitats, including habitats for the Federally Threatened summer steelhead trout, mountain lion and variety of other wildlife species. Summer steelhead trout have been found in Mills Creek within the property near the north boundary and mountain lion tracks have been found in numerous locations throughout the site. No development will occur on the property and public trail use will not be allowed near Mills Creek in order to ensure the protection of the summer steel head trout. The trout habitat is extremely inaccessible to any visitors because of impenetrable terrain. 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 be maintained in a natural condition. New roads and trails are not proposed and existing steep roads that are eroding will be restored to their natural condition. Invasive plants will be controlled to prevent spreading further into the native habitat; only hand removal techniques will be used. Herbicides and pesticides will not be used for vegetation control on roads or in controlling invasive plants. Public access will be limited to docent-led hikes and trail users will be prohibited near creeks and summer steelhead trout habitat. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interest in the property and the acquisition will be to maintain the open space character of the area and will preclude development. 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. The property will be dedicated as public open space. TERMS The Settlement and General Release Agreement dated April 8, 1998 between the District and Convent sets forth a purchase price of$300,000 for the District's acquisition of 165 acres of fee simple title located north and west of the proposed convent buildings, an open space easement over approximately 87 acres south of the proposed building area and a recorded development restriction over the 28-acre building area. The purchase price remains $300,000 for 165 acres of fee simple, 91-acre open space easement and 24-acre development restriction. These adjusted areas are based upon recent survey information. The District shall pay the Convent an additional $1,000 for a right of first refusal if the Convent property were ever offered for sale to a third party. Therefore, the total purchase price for this transaction is $301,000. In addition, it is estimated that the District's cost of the survey work to determine the various boundaries of the fee, easement and building area are approximately $7,000. As part of the recommended action, staff is also seeking to reaffirm authorization to hire for professional services to locate an alternative building site if requested by the Convent in the future. i R-98-89 Page 10 BUDGET CONSIDERATIONS 1997-1998 Budget for Land Acquisition New Land Budgeted for Acquisition $11,303,000 New Land Purchased this year $ (925,000) Russian Convent Acquisition proposed on this agenda $ (, 0011,000) Acquisition Budget Remaining $10.077.000 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 is important for the protection of the headwaters of the Mills Creek watershed, wildlife habitat and scenic backdrop in creating the Mills Creek Open Space Preserve. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. ATTACHMENTS Resolution Exhibit 1: Site Map - Mills Creek Open Space Preserve Exhibit 2: Purchase Agreement (Including Attachments A - G) A) Settlement and General Release Agreement B) Map of Subject Property C) Declaration of Covenants, Conditions and Restrictions D) Grant Deed of Open Space Easement E) Grant Deed of Patrol and Maintenance Access F) Title Report, First American Title Insurance Company, dated June 1, 1998 G) Consent of Lienholder Exhibit 3: Right of First Refusal Prepared by: Del Woods, Senior Management Specialist Michael C. Williams, Real Property Representative Contact person: Malcolm Smith, Public Affairs Manager MILLS CREEK OPEN SPACE PRESERVE Lands of Russian Convent of Our Lady of Vladimir 0 .1 .2 .3 .4 .5 N 1/2 Mile CONVENTS PRO PERT ( ` CONNENT� ,_�0 ±24 AC.) Q PEDESTRIAN V ,i�ASEAIIEIVT _ 114 5ecfion line 5 540'X i ri ±1800 ,DISTRICT PROPERTY-I � / � (FEE P�ARC/ELl16/5 i A/ QRES) U L/ CONVENT PROPERTTY OPEN SPACE'EASEMENT (±91 AC3 oo LOCATION OF AUXILIARY RESIDENCE ® OPEN SPACE EASEMENT- ±91 ACRES �--� �- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ��sc'�i• PATROL& MAINTENANCE EASEMENT EXISTING ROADS EXHIBIT 1 : SITE MAP RESOLUTION 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 OTHER SETTLEMENT DOCUMENTS, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (MILLS CREEK OPEN SPACE PRESERVE - LANDS OF RUSSIAN CONVENT OF OUR LADY OF VLADIMIR, INC.) 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 and approve in that certain Purchase Agreement between the Russian Convent of Our Lady of Vladimir, Inc., 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. Said Purchase Agreement implements the Settlement and General Release Agreement entered into between the parties on April 8, 1998. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance on behalf of the District for the Grant Deed; the Grant Deed of Open Space Easement; the Grant Deed of Patrol and Maintenance Access; the Declaration of Covenants, Conditions and Restrictions; and the Right of First Refusal. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $10,000 to cover the cost of title insurance, escrow fees, survey 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$301,000 from the proceeds of the next long term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or reasonably are expected to be reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of in 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. Claims No. 98-12 Meeting 98-14 Date: June 24, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4306 125.00 Aaron's Septic Tank Service Sanitation Services 4307 524.86 Acme & Sons Sanitation Sanitation Services 4308 161.29 Airgas Welding Gas 4309 31.88 Adobe Systems Incorporated Computer Software 4310 230.78 Alamo Lighting Light Bulbs 4311 118.63 Randy Anderson Vehicle Expense 4312 20.03 A T & T Telephone Service 4313 601.00 Battery-Tech Inc. Radio Batteries 4314 65-00 Berry's Pest Control, Inc. Bimonthly Service-Skyline Residence 4315 1,100.00 Jane Buxton Consultant--ROSS & FEMA Study 4316 440.16 Communications & Control Inc. Mt. Umunhum P G & E Pump 4317 150.00 Cupertino Chamber of Commerce Art & Wine Festival Booth--Aug. 8 & 9th. 4318 50.00 California Parks & Recreation Society Recruitment Advertisement 4319 133.35 California Water Service Company Water Service 4320 47.86 Cascade Fire Equipment Company Pumper Parts 4321 240.00 Christopher's Carpet Service Main Office Carpet Repairs 4322 1,273.00 Cotton, Shires & Associates, Inc. Shilling Spillway Project Consultant 4323 149.68 Emergency Vehicle Systems Vehicle Lightbar Repairs 4324 46.00 Federal Express Corporation Express Mail Service 4325 432.73 Film To Frame Photo Processing 4326 35.25 Foster Brothers Security Services, Inc. Key Reproduction 4327 57.45 G & K Services Shop Towel Service 4328 14.00 Pauline Gambill Trail Management Policy Book 4328 153.00 G E Richardson Electric Electrical Repairs--Alzheimer's Building 4329 10,000.00 General Convention of the New Jerusalem Defeasance Fee-Sierra Azul 4330 358.50 Goodyear Auto Service Center Tires 4331 1,315.00 Greenbelt Alliance/G reen Info Patrol Map Book Consultant 4332 220.00 GreenWaste Recovery, Inc. Dumpster Service 4333 111.54 GTE Wireless Cellular Phone Service 4334 30,060.00 Jens Hansen Company, Inc. Windy Hill Public Access Project 4335 107.72 The Home Depot Field Supplies 4336 2,706.91 In Perfect Taste Catering Catering-Special Parks Forum 4337 1,213.10 Irvine & Cooper Law Offices Legal-MROSD vs. Esperson-Rodriquez 4338 1,532.91 Irvine & Cooper Law Offices Legal-MROSD vs. Ireland 4339 317.60 Jakaby Engineering La Honda & Lawrence Creek Bridges 4340 64.80 Jobs Available Inc. Recruitment Advertisement 4341 91.40 Ed Jones Company, Inc. Badges 4342 19.93 Kinko's Printing Services 4343 339.24 Lab Safety Supply Inc. Field Safety Supplies 4344 494.07 Los Altos Garbage Company Dumpster Service 4345 161.53 Madco Supply Company, Inc. Welding Supplies 4346 660.77 Monogram Sanitation Freight Fees and Restroom Chemicals 4347 268.28 National Speedy Auto Glass Vehicle Windshield Glass Repair 4348 64.95 Nonprofit Development Center Workshop Registration--K. Altieri 4349 1,000.00 *1 North American Title Company Acquisition Deposit 4350 99,000.00 North American Title Company Faucher Acquisition 4351 1,456.+4- Orchard Supply Hardware Field Supplies 1,413.23 4352 1,252.35 Pacific Bell Telephone Service Page 1 Claims No. 98-12 Meeting 98-14 Date: June 24, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4353 133.36 Pip Printing Docent Newsletter Printing 4354 255.64 Pitney Bowes Credit Corporation Postage Machine Lease 4355 730.00 Precision Works, Inc. Asbestos Removal--Mora Residence 4356 34.13 Rayne Water Conditioning Water Service 4357 482.96 Rich's Tire Service Tires 4358 2,356.21 Roy's Repair Service Vehicle Maintenance & Repair 4359 60.00 David Sanguinetti Reimbursement--1/2 CPRS Dues 4360 50.00 San Mateo County CSDA 1998/1999 Dues 4361 10,445.35 Scribner Graphic Press 1998 Hikes & Walks Printing 4362 322.89 Signs of the Times Signs 4363 102.10 Skyline County Water District Water Service 4364 41.75 Skywood Trading Post Diesel 4365 353.98 Summit Uniforms Uniforms 4366 91.04 Tap Plastics, Inc. Safety Supplies 4367 1,040.63 Target Specialty Products Weed Abatement Supplies 4368 15,127.84 Terratech, Inc. Landslide Consulting Services 4369 9,000.00 Grant Thornton, LLP 1997/1998 Audit Services 4370 50.83 Turf & Industrial Equipment Company Tractor Supplies 4371 6.34 Unocal Fuel 4372 24.76 University Art Center Office Supplies 4373 1,185.21 VISA Field Supplies--223.69 Planning Instrument--548.72 Computer Software--150.14 Recruitment Advertisement--55.00 Conference-S. Schectman--100.00 Local Bus. Mtg. Expense/Polister--34.04 Forum Expense--Ponchos/Plants--73.62 4374 20,437.00 The Warner Group Operations Program Review 4375 248.98 West Group Payment Center Legal Resource Publications 4376 470.23 The Workingman's Emporium Uniforms 4377R 760.02 The Office Depot Office Supplies 4378R 20.00 *2 Sonoma County Public Health Lab Tick Testing 4379R 290.69 Petty Cash Local Business Meeting Expense, Office Supplies,Staff Event Supplies, Vehicle Expense, UPS Postage, Field Supplies and Vehicle Repair Parts *1 Urgent Check Issued June 17, 1998 *2 Urgent Check Issued June 19, 1998 TOTAL 223,096.72 Page 2 Claims No. 98-12 Meeting 98-14 Date: June 24, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4306 125.00 Aaron's Septic Tank Service Sanitation Services 4307 524.86 Acme & Sons Sanitation Sanitation Services 4308 161.29 Airgas Welding Gas 4309 31-88 Adobe Systems Incorporated Computer Software 4310 230.78 Alamo Lighting Light Bulbs 4311 118.63 Randy Anderson Vehicle Expense 4312 20.03 A T & T Telephone Service 4313 601.00 Battery-Tech Inc. Radio Batteries 4314 65.00 Berry's Pest Control, Inc. Bimonthly Service-Skyline Residence 4315 1,100.00 Jane Buxton Consultant--ROSS & FEMA Study 4316 440.16 Communications & Control Inc. Mt. Umunhum P G & E Pump 4317 150.00 Cupertino Chamber of Commerce Art & Wine Festival Booth--Aug. 8 & 9th. 4318 50.00 California Parks & Recreation Society Recruitment Advertisement 4319 133.35 California Water Service Company Water Service 4320 47.86 Cascade Fire Equipment Company Pumper Parts 4321 240.00 Christopher's Carpet Service Main Office Carpet Repairs 4322 1,273.00 Cotton, Shires & Associates, Inc. Shilling Spillway Project Consultant 4323 149.68 Emergency Vehicle Systems Vehicle Lightbar Repairs 4324 46.00 Federal Express Corporation Express Mail Service 4325 432.73 Film To Frame Photo Processing 4326 35.25 Foster Brothers Security Services, Inc. Key Reproduction 4327 57.45 G & K Services Shop Towel Service 4328 14.00 Pauline Gambill Trail Management Policy Book 4328 153.00 G E Richardson Electric Electrical Repairs--Alzheimer's Building 4329 10,000.00 General Convention of the New Jerusalem Defeasance Fee-Sierra Azul 4330 358.50 Goodyear Auto Service Center Tires 4331 1,315.00 Greenbelt Alliance/GreenInfo Patrol Map Book Consultant 4332 220.00 GreenWaste Recovery, Inc. Dumpster Service 4333 111.54 GTE Wireless Cellular Phone Service 4334 30,060.00 Jens Hansen Company, Inc. Windy Hill Public Access Project 4335 107.72 The Home Depot Field Supplies 4336 2,706.91 In Perfect Taste Catering Catering-Special Parks Forum 4337 1,213.10 Irvine & Cooper Law Offices Legal-MROSD vs. Esperson-Rodriquez 4338 1,532.91 Irvine & Cooper Law Offices Legal-MROSD vs. Ireland 4339 317.60 Jakaby Engineering La Honda & Lawrence Creek Bridges 4340 64.80 Jobs Available Inc. Recruitment Advertisement 4341 91.40 Ed Jones Company, Inc. Badges 4342 19.93 Kinko's Printing Services 4343 339.24 Lab Safety Supply Inc. Field Safety Supplies 4344 494.07 Los Altos Garbage Company Dumpster Service 4345 161.53 Madco Supply Company, Inc. Welding Supplies 4346 660.77 Monogram Sanitation Freight Fees and Restroom Chemicals 4347 268.28 National Speedy Auto Glass Vehicle Windshield Glass Repair 4348 64.95 Nonprofit Development Center Workshop Registration--K. Altieri 4349 1,000.00 *1 North American Title Company Acquisition Deposit 4350 99,000.00 North American Title Company Faucher Acquisition 4351 1,456.11 Orchard Supply Hardware Field Supplies 4352 1,252.35 Pacific Bell Telephone Service Page 1 Claims No. 98-12 Meeting 98-14 Date: June 24, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4353 133.36 Pip Printing Docent Newsletter Printing 4354 255.64 Pitney Bowes Credit Corporation Postage Machine Lease 4355 730.00 Precision Works, Inc. Asbestos Removal--Mora Residence 4356 34.13 Rayne Water Conditioning Water Service 4357 482.96 Rich's Tire Service Tires 4358 2,356.21 Roy's Repair Service Vehicle Maintenance & Repair 4359 60.00 David Sanguinetti Reimbursement--1/2 CPRS Dues 4360 50.00 San Mateo County CSDA 1998/1999 Dues 4361 10,445.35 Scribner Graphic Press 1998 Hikes & Walks Printing 4362 322.89 Signs of the Times Signs 4363 102.10 Skyline County Water District Water Service 4364 41.75 Skywood Trading Post Diesel 4365 353.98 Summit Uniforms Uniforms 4366 91.04 Tap Plastics, Inc. Safety Supplies 4367 1,040.63 Target Specialty Products Weed Abatement Supplies 4368 15,127.84 Terratech, Inc. Landslide Consulting Services 4369 9,000.00 Grant Thornton, LLP 1997/1998 Audit Services 4370 50.83 Turf & Industrial Equipment Company Tractor Supplies 4371 6.34 Unocal Fuel 4372 24.76 University Art Center Office Supplies 4373 1,185.21 VISA Field Supplies--223.69 Planning Instrument--548.72 Computer Software--150.14 Recruitment Advertisement--55.00 Conference-S. Schectman--100.00 Local Bus. Mtg. Expense/Polister--34.04 Forum Expense--Ponchos/Plants--73.62 4374 20,437.00 The Warner Group Operations Program Review 4375 248.98 West Group Payment Center Legal Resource Publications 4376 470.23 The Workingman's Emporium Uniforms *1 Urgent Check Issued June 17, 1998 TOTAL 222,068.89 Page 2 Regional Opery ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: June 24, 1998 SUBJECT: FYI 330 Distel Circle Los Altos, CA 94022-1404 Phone: 050-691-1200 FAX: 650-691-0485 - E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Oire(tors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton EXECUTIVE SUMMARY After reviewing the research results,Godbe Research&Analysis has arrived at the following key findings: ■ Of the three environmental organizations tested in the survey,the Sierra Club received the highest percentage of favorable ratings from respondents on the coast(57 percent of voters indicate they have a favorable impression of the Sierra Club,compared to 48 percent for the Midpeninsula Regional Open Space District and 41 percent for POST). The 48 percent favorability rating for the District is slightly lower than what was recorded in the 1997 survey by GRA(55 percent). ■ Ninety-two percent of registered voters surveyed believe open space preservation West of Skyline to the San Mateo coast to be either'somewhat important'or'very important'. ■ Sixty-three percent of voters overall would vote'yes'on the measure to expand the boundaries of the Midpeninsula Regional Open Space District. Support for the expansion measure is highest among females,Democrats and low propensity voters. ■ Fifty-five percent of registered voters in the survey remembered hearing or seeing information about the District over the last three months. Of those who had remembered hearing or seeing information,42 percent said the information they heard or saw made them more favorable towards the District,28 percent said the information made them less favorable towards the District and 18 percent said the information made no impact on their feelings towards the District. When asked to recall what they remembered about the information,27 percent cited'Nuns'or 'Russian nuns', 12 percent cited'Open Space Preservation' and 10 percent cited'Convent'or'Monastery'. ■ The top features of the expansion measure included many of the features first tested in the 1997 survey that focused on what the measure would do for the coast('Prevent overdevelopment', 'Provide additional open space', 'Protect family farms',etc). Of the new features tested(all focusing on the District's eminent domain policies),the rankings were considerably less successful at increasing support for the expansion measure. At the overall level,two features of the measure (both introduced in the 1997 survey),received negative rankings. These features included mention of eminent domain and the potential for job loss among agricultural workers. ■ Information about the dispute between the District and the Russian Nuns has limited potential to decrease support for the expansion measure. Of the information offered to respondents,only two of the six statements had a negative impact on support for the measure while the other four statements had a positive impact on support for the measure. Because of this,GRA believes other arguments(especially related to job loss,traffic congestion and eminent domain)have a greater potential to impact support for the measure on the coast. ■ Support for the measure decreased six percentage points between the first and second ballot test to 57 percent. Because the measure only requires 50 percent support to pass,GRA recommends the District proceed with an election or a decision by the Board to expand the District to the coast. Midpeninsula Regional Open Space District Godbe Research and Analysis Tracking Survey of Voters Page 5 II' Ei mom No 110 At the outset of this project,GRA and the Midpeninsula Regional Open Space District identified the following research objectives: ■ Determine and track support for annexation of the San Mateo County coast ■ Assess recall and impact of the events surrounding the controversy with the Russian Orthodox Convent ■ Identify opportunities to increase support for the annexation measure given the impact of the Russian nun controversy From these objectives,GRA designed a survey of registered voters to achieve these objectives. From the data,GRA has arrived at the following conclusions. 1. Determine and track support for annexation of the San Mateo County coast Support for annexation on the coast decreases between ballot tests(from 63 percent to 57 percent among registered voters),but there is still enough support for the measure to pass at the required 50 percent level. I Support for annexation on the coast increased only one percentage point between ballot tests in the 1997 and 1998 surveys(62 percent to 63 percent). Because this minimal increase falls within the margin of error rate for the project,GRA is not convinced the recent events surrounding the District's dispute with the Russian Orthodox Convent have impacted support for the annexation measure.In additional to issues involving open space preservation,voters on the coast are particularly concerned with traffic congestion,development and maintaining agricultural jobs. The importance of these issues could easily surpass whatever concerns voters on the coast have about the District and the recent dispute over eminent domain. This theory is supported by the rankings offered to other features of the expansion measure(unrelated to the District's involvement with the Russian nuns). These features were tested in both the 1997 and 1998 surveys,and each of the rankings for these features were stronger than the negative rankings offered after information about the dispute in Question 6.In short,GRA believes issues such as eminent domain and agricultural job loss have more potential to damage support for expansion than any of the arguments relating to the District's dispute with the Russian nuns. 11. Assess recall and impact of events surrounding the controversy with the Russian Orthodox Convent The events surrounding the District's dispute with the Russian nuns pose a limited threat to the District's campaign to expand on the coast. Of the six statements presented to respondents in Questions 6 and 7,only two of these statements resulted in negative rankings.A negative ranking signifies that respondents were'less likely'to support the measure after hearing the information rather than being'more likely'to support the measure. The two statements that resulted in negative rankings included the following: 'In March,the Midpeninsula Regional Open Space District began eminent domain proceedings to acquire a prominent coastal ridgeline hilltop in San Mateo County that was to be developed by nuns from a Russian Orthodox Convent' (451) and'Some have called the District's use of eminent domain'extreme' after the District sought to acquire a coastal ridge where Russian nuns hoped to build a monastery' (also-0.51). Mention of the specifics of the development proposed by the Russian nuns and the District's explanation for beginning eminent domain proceedings failed to either help or hurt support for the expansion measure(0.03 and 0.06,respectively). Finally,mention of the inability of other public agencies Midpeninsule Regional Open Space District Godbe Research and Analysis Tracking Survey of Voters page 6 to effectively fund open space preservation projects and mention of the settlement between the Russian nuns and the District has the potential to increase support for the expansion measure on the coast(0.54 and 0.68 rankings,respectively). In addition to assessing the impact of the dispute between the Russian nuns and the District,GRA also asked respondents if they remembered hearing or seeing any information about the District in the last three months. Based on rates of recall(55 percent indicated they had heard or seen information about the District),GRA predicts that approximately 7,600 voters on the coast heard or saw information about the District during the dispute with the Russian nuns. Of those,42 percent indicated feeling more favorable towards the District after hearing or seeing the information. Only 29 percent reported feeling less favorable towards the District after hearing or seeing the information. 111. Identity opportunities to increase support for the annexation measure given the impact of the Russian nun controversy Five of the features tested received rankings of 1.00 or higher(signifying that respondents were at least'somewhat more likely' to vote for the measure after hearing the information). These five features present an opportunity for the District to increase support for the expansion measure if a campaign were to begin: ■ Expansion would help prevent overdevelopment on the coast ■ Measure would provide additional open space lands with miles of trails,etc. ■ Expansion would help protect threatened family farms ■ Measure would help protect endangered species and threatened wildlife habitats ■ Expansion would extend existing greenbelt from Skyline to the coast Mention of the settlement between the District and the Russian nuns is only marginally successful at increasing support for the measure(0.68). Furthermore,it would be difficult,if not impossible,to use this issue as a positive argument in favor of expansion without bringing to the surface many of the negatives surrounding the dispute with the Russian nuns(eminent domain,that the District was'extreme'in their actions,etc). In short,GRA does not believe the recent events surrounding the dispute with the Russian Orthodox Convent have prevented an expansion measure from passing on the coast. In fact,GRA believes the District should consider annexation without holding an election to put a measure on the ballot. GRA came to this conclusion based on the following three considerations: ■ Both ballot tests show the measure could pass at the 50 percent level required; ■ Voters on the coast strongly support preserving open space west of Skyline to the coast and ■ The money required to conduct an election could be better spent trying to pass a funding measure in the District. Midpeninsula Regional Open Space District Godbe Research and Analysis Tracking Survey of Voters page 7 II� Regional Open ace ...................... ........................ June 22, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ms. Linda Huntimer Ms. Margaret MacNiven 22400 Skyline Blvd., Box 9 22400 Skyline Blvd., #17 La Honda, CA 94020 La Honda, CA 94020 Road Committee Officers Portola Park Heights Homeowners Association Subject: Portola Park Heights Road Dear Ms. MacNiven and Ms. Huntimer: As recently elected officers of the Road Committee, I am addressing this letter to you and sending copies to all parties with road rights on Portola Park Heights Road. District staff recently received unrelated requests from two Portola Heights property owners. Bill Sorich had an interest in relocating the main gate at Skyline Blvd. William Obermeyer wanted to make changes to the Indemnification Agreement. Given the number of property owners in your community, it is very difficult for District staff to respond to individual requests on a case-by-case basis. It would make it much easier for the District to be responsive if individual requests were first considered by a group that represented the community, perhaps the Road Committee. The previous Road Committee worked with an ad hoc committee of the District Board of Directors several years ago on issues pertaining to the Bay Area Ridge Trail crossing, electric gate, and the Indemnification Agreement at Long Ridge Open Space Preserve. At that time, the Road Committee was comprised of Charlie Touchatt, John Craig and Dick Carter. The result of those meetings is summarized in the attached staff report. Any changes to the Indemnification Agreement, or other actions taken by the Board, would require further Board action. In order to consider any changes to these items, or other community requests, we would need assurance that they were supported by a majority of the community. Please respond in writing if the Road Committee, with the concurrence of a majority of the community, could act as the intermediary between the community and the District. This would certainly assist District staff to try to be more responsive to the community's requests. At the same time, can you please let us know who is the third member of the Road Committee. incerely,,,, L. Craig Britton General Manager cc: MROSD Board of Directors Portola Park Heights neighbors 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 froo"Ow rC5 �n9 �rarn An Ergonomics Training Seminar will be held immediately following Highlights the full staff meeting on Monday, Elements of ergonomics June 29th. Speaker Ron Herman * Repetitive Motion will discuss and give examples of Injuries: What causes proper ergonomics in the work them? place. All office staff are en- prevention of RMIs. couraged to attend. The seminar will last about 1 hour. � Methods to minimize injuries. Contact Deirdre or Laurie for more information. Time: 10:00 a.m. Date: Monday, June 29 Regional (open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 19, 1998 Tortola Valley Town Council Town of Portola Valley 765 Portola Road Portola Valley, CA 94025 Dear Mayor Nielsen and.Members of the Council: Following your continuation of this item from your June 10, 1998 meeting, I requested additional 'i information from Pat McGovern, who at the time was the project manager of the Pacific Bell undergrounding along Portola Road. The project has since been reassigned to Ronald Perle. A letter outlining the project and timeline was forwarded to Betty Irvine(dated June 18, 1998). I understand from Betty that you will have a copy of the letter on June 24 to assist in your determination of this matter. F? I feel that the Town staff and District staff have a very good working relationship and a history of successful cooperative projects. This project aside, I have worked with Betty Irvine and George Mader on a number of projects including several permits to enter and the Alpine Road repairs of last year. I understand that additional repairs are needed to Alpine Road this year (or next) which will again impact the Windy Hill Preserve. I would hope that in the interest of our continuing cooperative efforts, the Pacific Bell undergrounding issue will not hamper the public opening of the parking lot along Portola Road upon its completion. I will be out of town on June 24. Our Board of Directors meets on the same evenings as the Town Council. Unfortunately, this means there will not be a District representative at your June 24 meeting. I hope that in the spirit of cooperation, and the information outlined in Mr. Perle's letter, you will make the necessary finding to allow the parking lot to be opened upon completion of the contractor's work and Betty's acceptance of the work. We will be dedicating the parking lot on July 15. You will receive invitations soon. It would be a shame for all involved in this long but fruitful project, if the parking lot had to be closed following its dedication. I have asked our contractor to hold off on the striping of Portola Road and the associated roadside signing until all other improvements are completed. I believe once these improvements are completed, people will believe the parking lot is open for business. Sincerely, '4 Mary a eauvieres Acting nior Planner cc: L. Craig Britton, General Manager Betsy Crowder, President, Board of Directors 330 Distel Circle • Los Altos,CA 9402 2-1 404 • 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'r.Smernoff,Nanette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton OUTDOOR VOLUNTEER PROJECTS Saturday , July 18 Fremont Older 9:30 am - 3:30 pm Restoration Project Saturday , August 15 South Skyline 9:30 am - 3:30 pm Boundary Fence Construction • Protect and restore critical natural resources • Help conserve open space for the future • Gain new skills and knowledge • Become an Open Space Volunteer! Volunteer Information Paul McKowan (650) 691-1200 volunteer@openspace.org I Rt�gionai C)pen .% ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith June 17, 1998 Public Affairs Manager (650)691-1200 Open Space District Dedicates New Windy Hill Parking Area Los Altos, CA -- On Wednesday,July 15, 1998 the Midpeninsula Regional Open Space District will dedicate its new 50-car parking lot serving the lower portion of Windy Hill Open Space Preserve, in Portola Valley. The 1,1 32-acre Windy Hill Open Space Preserve is a very popular destination, most often visited from its access points on Skyline Boulevard. The new parking area and other improvements, partially funded with a federal grant from the Land and Water Conservation Fund (LWCF), will bring Windy Hill closer to many more people seeking access to this beautiful preserve. "After several years of hard work, we'll finally be able to invite more of the public to enjoy Windy Hill from its lower access points," said Betsy Crowder, President of the District's Board of Directors, and the Director representing Portola Valley. "Windy Hill is such an appealing destination,and now people can park at the bottom and enjoy a hike up, all the way to Skyline Boulevard if they want. The grant from the Land and Water Conservation Fund was crucial to the completion of this project, and I'd like to thank U.S. Representative Anna Eshoo for her continual support of this and other parks and open space projects." In addition to room for 50 vehicles,the project includes a new trail-access point and a new restroom. The Town of Portola Valley was instrumental in assisting the District in seeing this project to its conclusion. The ceremony to dedicate the parking lot is scheduled for 4:00 p.m.,Wednesday,July 15 at the parking lot on Portola Road, approximately one mile north of Alpine Road. As of press time,the final surfacing of the parking lot was not completed, so it is possible the lot will not open to the public until sometime after the dedication. Congresswoman Anna Eshoo has been invited to attend the dedication. The Open Space District also will be participating in a one-day conference on July 17 entitled, "Sustaining a Greener California."This conference, sponsored by the Trust for Public Land, Americans for our Heritage and Recreation, and the Wilderness Society, will include discussion of recent developments in federal appropriations for the LWCF, and will provide an opportunity for participants to share strategies for maximizing open space preservation funding and developing grassroots efforts to increase public awareness and support for the LWCF. Further information on the conference is available by calling (415)495-4910. (more) 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200 FAX:650-691-0485 - E-mail: mrosd@openspace.org - Web site:www.opensl)ace.org Board of Directors:Pete Siemens,Mary C.-Davey,led Cyr, David T.Smernoff, Nonette I ianko, Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton The Midpeninsula Regional Open Space District,extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 42,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat, watershed,and a variety of ecosystems, restores damaged natural resources,and provides trail improvements for passive recreational use by the public.The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment,and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards,,each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m.,at the District offices. i Regional � ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith June 18, 1998 Public Affairs Manager (650) 691-1200 Open Space District Board to Consider Advisory Ballot Measure for Coastal Expansion Los Altos, CA -- In the interest of preserving open space resources on the San Mateo County coast, the Midpeninsula Regional Open Space District is considering placing an advisory measure on the November 3, 1998 ballot asking San Mateo County coastside voters if they wish to be annexed into District jurisdiction. This item will be heard by the District's Board of Directors on June 24, 1998 at its regular meeting beginning at 7:30 p.m. at the District office. If such a measure is placed on the November ballot and approved by the coastside voters, then the District would likely proceed with the annexation process to extend its boundary west of Skyline to the San Mateo County coast, from the southern boundary of Pacifica to the Santa Cruz County line. Such an expansion would enable the District to participate in land acquisition, purchase of development rights and conservation easements, farmland preservation, and management of public lands in the coastal area of San Mateo County. This measure would be advisory only and would not involve any increase in taxes. Last year, the District received resolutions from the Half Moon Bay City Council, the Pescadero Municipal Advisory Council, and the Midcoast Community Council, asking that the District formally begin an active exploration of coastal preservation in San Mateo County. The District examined numerous possible land preservation methods, and met with a variety of agencies and non-profit groups that might be involved in preserving open space on the San Mateo County coast. The possible preservation mechanisms included: involvement of an existing public agency, such as county, state, or federal parks departments; formation of a new special district; involvement of one or more private non-profit land conservation organizations; involvement of the State Coastal Conservancy or Coastal Commission; and, annexation of the area by the District. After much deliberation, including two community information meetings on the coastside, the Board determined that the most feasible mechanism for coastal land preservation is District annexation of the coastal area. (more) 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200 FAX: 650-691-0485 o E-mail: niros(l@opensi)ace.org openspace.org - Web site:www.openspace.org Board o(Ihreaors:fete Siemens,Mary C.Davey,led Cyr, David T.Smernoff, Nonette Iianko,Betsy Crowder,Kenneth C. Nitz . General Manager:L.Craig Britton f The next step is to consider placing an advisory measure on the November 3, 1998 ballot to determine if the voters on the coastside wish the District to extend its boundary to include their area. This measure would be advisory only, and would not include any consideration of additional taxes. If the annexation ultimately takes place, then a funding measure, requiring a two-thirds majority vote, may be considered for a future ballot. Also on the June 24 agenda for consideration is a resolution outlining the Board's intent to convene an advisory committee from the coastside, after the election, to assist the District in reviewing a number of key policies that may need revision in order to better reflect the constituency, geography, and land uses on the coast. Specifically, the resolution notes the intent to review and revise the District's policies of eminent domain, agricultural preservation , and land acquisition. The Midpeninsula Regional Open Space District, extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 42,000 acres of diverse open space and manages 23 open space preserves. Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat, watershed, and a variety of ecosystems, restores damaged natural resources, and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000 - 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards, each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. INTER-OFFICE MEMORANDUM June 22, 1998 TO: C. Britton, General Manger FROM: G. Baillie, Operations Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month May Year 1998 VIOLATIONS TOTALS CITES CREMES Bicycles Auto burglaries 2 0 Closed area 19 14 False information 3 0 Speed 9 7 Tractor parts stolen 1 0 Helmet 10 5 Exhibition of Speed I I Night-riding 0 0 Unsafe operation 0 0 ACCIDENTS/INCIDENTS Dogs Bicycle 2 Prohibited area 4 3 Equestrian 0 Off-leash 4 4 Hiking/running I Off-road vehicles 3 0 Other first-aid 0 Closed area 0 0 Search/rescue 0 After hours 8 6 Air evacuation 0 Fishing 0 0 Vandalism 0 0 ENFORCEMENT Parking 20 5 Citations 45 Parking after hours 10 0 Written warnings 41 Dumping/littering 3 0 Arrests 0 Campfires 0 0 Police assistance 0 Camping 2 0 Weapons MUTUAL AID Actual contact 0 0 Accidents 4 Report only 0 0 Law Enforcement 2 Evidence of 0 0 Landing Zone 2 Illegal Trail Building 1 0 Grazing 1 0 SUMMARIES OF SIGNIFICANT INCIDENTS May 2: K. Miller responded to a report of juveniles riding motorcycles in Sierra Azul. The three youths had entered from adjacent private property. The parents were advised to make sure their children stayed on private property while riding motorcycles. May 5: A gas canister labelled "Dichlorodifluoromethane," a non-flammable compressed gas, was found partially buried in the duff 200 feet into El Corte de Madera OSP, near Star Hill Rd. B. Malone. May 10: District rangers were requested to assist with a bicyclist who had fallen off a trail in Stevens Creek County Park. P. Hearin assisted in a high angle/rope rescue of the patient. May 12: A person was operating his vehicle at high speed down the slope into the equestrian lot at Skyline Ridge, creating visible gouge marks in the wet gravel. B. Downing cited him for "exhibition of speed." May 13: An illegal trail construction was reported by a neighbor at Coal Creek OSP. A 25-foot trail with wooden stairs was constructed on Crazy Pete's Road, 1/4 mile south of the Valley View/Crazy Pete's intersection. B. Malone. May 15: K. Miller stopped a jogger for "after hours" in Rancho County Park. The jogger provided false information twice before providing correct information. A citation was issued for "after hours" and "false information to a peace officer." May 15 Broken glass indicating possible automobile burglaries was found in front of Foothills & 18: OSP and the Monte Bello OSP parking lot. L. Paterson, B. Malone. May 16: A Volunteer Trail Patrol bicyclist reported a ceremonial site of sticks, bones, rocks, crystals, and feathers at La Honda Creek OSP, off Bear Gulch Road. W. Phillips. May 16: L. Paterson responded to a report of an injured bicyclist on the Canyon Trail in Stevens Creek County Park. A passing bicyclist had rendered first aid to the 12 year old boy, including using a constricting band which Paterson removed. The boy was carried out to a waiting ambulance by Paterson, county rangers and County Fire personnel. May 17: While on patrol on Skyline Blvd., W. Phillips came upon a major injury accident. Primary medical care was provided and District rangers set up the landing zone and assisted in transporting the patient to the helicopter. May 23: A county ranger requested assistance with a physical fight involving four people, in progress in Stevens Creek County Park. T. Lausten and K. Carlson responded from Rancho San Antonio and assisted the county ranger in keeping the subjects separated until deputies arrived. May 28: T. Randall was requested to meet with a Santa Clara County Deputy in Sierra Azul to check an adjacent private parcel for a trespasser. The deputy needed transport to the parcel because the vehicle assigned to the beat area did not have four-wheel drive. May 31: Two motorcyclists collided with a vehicle on Skyline Blvd. near Grizzly Flat. Both motorcyclists, who were part of a group of 13 riders, were severely injured and were airlifted out by LifeRight. Rangers provided primary emergency medical care and established a landing zone for the helicopter. L. Hyman and B. Downing. Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: June 19, 1998 SUBJECT: FYI i I 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 it Regional Open L, ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: June 19, 1998 TO: Members, Board of Directors FROM: L. Craig Britton, General Manager SUBJECT: Initial results of coastal public opini poll We have received the initial results of the recent public opinion poll conducted by Godbe Research and Analysis. Godbe's executive summary will be available at the June 24 Board meeting. Godbe indicates that the number of respondents from the various areas of the coast is a generally accurate representation of the actual relative percentages of voters in those areas. Malcolm and I have discussed the results with Bryan Godbe and his staff, and we all agree on the general conclusions. Support for the measure decreased six points between the first and second ballot tests in this survey; starting at 63 percent and decreasing to 57 percent after hearing the arguments for and against the measure. Opposition to the measure also increased six points between the first and second ballot questions. The spread of these percentages is almost inside the margin of error(3.36 percent to 5.6 percent), so the decrease between ballot tests could be considered less-than-significant. For comparison, support in the 1997 poll showed a one point increase between ballot tests, and the opposition showed a three point increase. Overall, while the reduction in support is not alarming, the differences between 1997 and 1998 do show a trend toward the public being somewhat influenced by the negative arguments. While 55 percent of respondents remembered hearing information about the District, a relatively low percentage(28 percent) of those felt"less favorable"toward the District as a result. Forty-two percent felt more favorable and 18 percent said it had no impact on their impression of the District. The overall "favorable" rating, however, decreased from 55 percent in 1997 to 48 percent in 1998. The positive features of the measure generally continue to show success at increasing support for the expansion measure. However, it should be noted that some of the negative "features" did show an increase in the "less likely to vote yes" category, in some cases a significant change from the 1997 poll. In conclusion, support for an expansion measure has shown a decrease from the 1997 poll, probably related directly to the negative publicity generated during the convent controversy. However, that decrease may be statistically less-than-significant, given the margin of error, and still retains a solid majority. A number of the "features" perceived as negative gained strength since 1997, in some cases significantly (most notably, eminent domain). Godbe Research maintains its recommendation from the 1997 poll, that there is sufficient support on the coastside for the District to annex the area, with or without an election. 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 9w 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 MEMORANDUM June 18, 1998 To: Craig Britton, General Manager From: Mary de Beauvieres, Acting Senior Pfqo-- Subject: El Corte de Madera Creek Preserve Study Area 2 Trail Use Plan In reviewing my work schedule over the next several months, I would like to postpone returning to the Board with a plan for the trail system for Study Area 2, probably until the fall. The Planning Department is in the heart of the construction season and I anticipated being able to concentrate my efforts on other projects following the June 17 meeting. I would like to stick to that schedule to take advantage of the (finally) dry weather. The Windy Hill parking lot and associated trails is requiring lots of my time right now, as are replacing several restrooms, improvements to the Monte Bello backpack camp and Spring Ridge picnic area. In addition, the two recent hires for the planning department will be starting in mid-July and I anticipate their orientation and training will require a significant amount of my time. Returning to the preserve with a new ad hoc committee will require considerable staff time prior to the Board's site visits. Staff usually investigates the area first so as not to waste the Board members time wandering about looking for trail possibilities. I also have two approved vacations scheduled, affecting four of the next twelve weeks. Regional Open ace A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 19, 1998 Honorable Tom Campbell Member, United States House of Representatives 910 Campisi Way, Suite I C Campbell, CA 95008 Dear Representative Campbell: Thank you for your June 2, 1998 letter, and your kind words. I'm pleased that you enjoyed the tour of Mt. Umunhum, and are interested in working with the District on this and other issues. In your letter, you ask about our knowledge of possible funding sources for clean up of asbestos and lead paint. The most recent example of which I'm aware is the former military base at Mt. Tarnalpais in Marin County. As I understand it, clean up of that facility, which apparently had toxic contamination similar to that of Mt. Umunhum, was funded through a line item in the Defense Department budget. I've been told that Senator Barbara Boxer was instrumental in securing that funding. The only other source with which I'm familiar would be the toxic site "superfund." In the overall scheme of things, I understand that Mt. Umunhum may not compare with some of the more seriously contaminated former military bases; however, few of them have the potential to be restored as public open space and park land of this nature. Again, thank you for joining our staff and Board members for the tour. We look forward to hearing from your staff on any ideas you may have in relation to clean up funding. As I mentioned in my last letter, we will also be contacting your office when we have a potential helicopter fly-by of the site. S ncere L. Craig Britton General Manager LCB/mcs cc: MROSD 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 � I f f Open ,,., ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 4, 1998 Honorable Tom Campbell Member, United States House of Representatives 910 Campisi Way, Suite IC Campbell, CA 95008 Dear Congressman Campbell: Thank you for taking the time recently to join some of our Board members and staff for a quick tour of Mt. Umunhum. I'm sorry that I wasn't able to accompany you as I was in New Orleans attending a national conference sponsored by Americans for Our Heritage and Recreation concerning full funding for the Land and Water Conservation Fund. I understand that the weather was not too cooperative for the tour, but I hope that you gained a perspective into the potential of Mt. Umunhum as the centerpiece of the over-14,000- acre Sierra Azul Open Space Preserve. In order for the District to proceed with its long-term objectives for the entire preserve, the issues related to the former Almaden Air Force Station must be resolved, particularly the clean-up of asbestos and lead paint. Any advice or recommendations you or your staff may have in that regard would be greatly appreciated. Later this year, I'd like to offer you a different view of Mt. Umunhum. We expect to be able to secure a helicopter tour of that and other sites through the good graces of East Bay Regional Parks District or through a friend of Peninsula Open Space Trust. We'll contact your local staff when this opportunity is available and see if your schedule might permit time for a flyover. Again, thank you for your interest in this site, and for your support of arks and open g Y PP P P space. If you or your staff would like any additional information on this or any District site or activity, please don't hesitate to contact me. , incerel ; L. Gra4� ritton General Manager LCBlmcs cc: MROSD Board of Directors Casey Beyer, Office of Congressman Campbell 330 Distel Circle « Los Altos, CA 94022-1404 Plume:650-691-1200 FAX. 650 691-0485 - E-mail: mrosci@opetispace.org Web site:www.openspace.org Hoard of Directors.Pete Sic ntens,Mary C. Davey,Jed Cyr,David T.Smernoff,Nonette Hanko, Betsy Crowder, Kenneth C.Nitz -General Manager:L.Craig Britton TOM CAMPBELL �} WASHINGTON OFFICE: 15TH DISTRICT,CALIFORNIA 72442 RAYBURN BUILDING i WASHINGTON,DC 20515 COMMITTEE ON BANKING i PHONE:(202)225-2631 AND FINANCIAL SERVICES "'�a FAX: (202)225-6788 SUBCOMMITTEES: ? E-MAIL:CAMPBELLCa HR.HOUSE.GOV FINANCIAL INSTITUTIONS - DISTRICT OFFICE: AND CONSUMER CREDIT DOMESTIC AND INTERNATIONAL 910 CAMPISI WAY,SUITE 1C MONETARY POLICY CAMPBELL,CA 95008 Congrezz of the Oniteb *tate� PHONE (408,371-7337 COMMITTEE ON FAX: (409 371-725 INTERNATIONAL RELATIONS gouge oferegentatibeg SUBCOMMITTEES: INTERNATIONAL ECONOMIC POLICY AND TRADE AFRICA June 2, 1998 PECEEIVED Mr. Malcolm Smith ,J U N Public Affairs Manager MIDPENINSUL.A RECIG; AL Midpeninsula Regional Open Space District OPEN SFACE 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 WATCH OUT FOR MOUNTAIN F "SI: An :questrian's point of view People ..... wake up! We have the opportunity to avoid being overrun by events, as has happened in other parks. Specifically, thousands of mountain bikers are trying to take over trails in Castle Rock, with little regard for other m o users. Don't assume that 1 or 2 of us can prevent this from o happening. It will take mucti more vocal and visible et presence. Please participate in the upcoming public > rn meetings! _ Q d ( Castle Rock is a wonderful natural habitat for Z common and exotic creatures, plants, trees and wildlife in general. There are historic sites and unique natural o phenomena such as the Lion Caves. Miles of trails give = access to all this. As little as 5 years ago, I could hike or ride J a horse along the Saratoga Gap Trail to many points north, and enjoy the natural bounty of a beautiful preserve. But, N no longer! The trails are over-run by mountain bikers, who care for none of the things we care about. They look on Saratoga Gap Trail as an athletic challenge. 0 Bikers are indulging in a sport - not recreation. What is of most concern is that they are determined to find a Q way to get onto all or as many trails as they can,and they are extremely aggressive in pursuing their objectives. They N have stated that one of their goals is to ride from Skyline to M x the Sea using park trails, and this, neighbours, means using W 0 the Toll Road! The situation we now find ourselves in with the z ai Saratoga Gap Trail, being unable to hike or ride in safety, is d what will happen to the Toll Road if we do not protect it. The J very things which probably attracted you to live up here a close to the parks will be disappearing if you do not speak o up and help to protect them. 1 am a local resident, hiker and equestrian. To help s protect our interests, I have been a member of the Castle Cn Rock State Park Advisory Board for approximately 3 years and the newly formed Volunteer Patrol Group. I am also a member of the Midpeninsula Open Space Volunteer Patrol Group. We not only hike or ride the trails, but we do trail z d clearing and maintenance projects as well. Please contact O F- me if you'd like to to join one of these groups. t- As an equestrian, I have very deep misgivings '`t o U) about the current push by the biking community to gain Od o access to all trails. They advocate"multi-user"trails;which means that anybody is able to use them for any purpose >. o without regard for safety or trail conditions. With such a H r, diversity of uses,conflicts among different groups can have W serious safety consequences. Z Equestrians are especially at risk, being aboard a >J., u�i 1,000 lb animal with an inbuilt instinct to flee. On the back Y 3 of a startled horse, attached only by gripping thighs, a rider 3 is in an extremely dangerous position. To a horse (and rider) a mountain biker screaming around a blind comer at breakneck speed looks like a nightmare from hell:Callen, � a silent and horrifyingly fast. Chance encounters between ' horses and bicycles pose great threat of injury or death. Most horses,-by nature, are nervous 'cautious animals. Mountain bikers are generally risk-takers. When these two very different users meet unexpectedly on the trail, results can be disastrous. I can attest to this from per experience. 1 and my horse, are the survivors of a fairly serious accident caused by a biker riding with his head down, round a corner on a narrow trail with a vertical drop off the side! -Mrs.Jo Barrett We are r, omoting any plan of action but only discussing four points within the spectrum of possible actions related to review of the literature and our observations 1. Do nothing. Wait until a bigger problem. 2. Encourage sustainable harvest (eat more pork) and reduced populations through aggressive hunting and trapping on private and public land. 3. Affect populations though periodic professional near- eradication . 4. Construct a pig-excluding fence from Milpitas to Santa Cruz (along the Super Corridor) and then professionally remove all feral pigs to the north of the fence DISCUSSION 1. Do nothing. European colonists transplanted domesticated sus scrota throughout the world. Feral pigs have existed in California since the 1700's. Wild pigs are now resident in 30 of the 50 California counties. All commercial, California feral, z and Eurasian wild boar are still sus scrota. California feral HITCH UP THE UNWELCOME WAGON FOR pigs today may be more closely related to the archetype YOUR NEW NEIGHBORS, THE SUS SCROFA? depicted on the cave walls than those in other areas. In the early 1900's the California pig population had Copyright 1997 by Larry and Judith Watson. (This an infusion of imported native sus scrota from the Ural discussion is the opinion of the authors and as such does region of Russia via North Carolina. A Monterey sportsman not represent the policies of the association in any way). built a large population crossed with the feral pigs on his They are not really new neighbors: cave paintings ranch, and then transplanted them throughout the coastal from 40,000 years ago depict homo sapiens hunting sus ranges and foothills. Some studies would discount this scrota, the Eurasian wild boar. The California Department of influence by suggesting that commercial pigs released into Fish and Game refers to the state's number one big-game the wild revert to the more original characteristics in a very mammal as "wild pigs"while all other agencies call them feral few generations: longer snout, upright ears, non-curly tail, pigs. Sus scrota is, therefore, both a protected game tusks on males, shorter in length, darker, and the species and a non-native pest. development of an "armor-plating" material surrounding the Last winter and spring in the Oil Creek watershed vital organs of males. above Pescadero Creek, we saw evidence of feral pig Pigs are omnivorous and a substantial portion of activity many times throughout the areas we hiked. Long their diet is obtained by grubbing for roots, bulbs, and other time residents of the area had never before seen evidence below ground material, including animals. Pigs are nature's of them. We do not know how many live in the Pescadero rototillers. Pig supporters might suggest they are part of and San Lorenzo watersheds nor how long pigs have lived Nature's plan to hasten the launch of the Butano and Ben here. The DF&G map (www.dfg.ca.gov/wmd/pigtags.gif) Lomond islands. A study of live meadows within Northern accumulates the wild pig harvest from 4 years of hunter California coastal forests indicated some benefits along with reporting and might be considered somewhat proportional damage from their disturbance. Certain less-competitive to population densities. However, the Santa Cruz native plant species benefited from the annual overturning mountains are not extensively hunted. We live in the upper of approximately 7.4% of the meadow areas. San Lorenzo watershed and this fall there was evidence of The paper's closes with the comment: these results pig rooting in our orchard, and at a nearby spring in Castle should not be interpreted as evidence that pig-created Rock park. They are here and evidence indicates that they disturbances are environmentally benign. Feral pigs are are not going to leave of their own accord. currently the most pervasive and disruptive alien influence The extent of the disturbances to open areas, on the unique native forests of the Hawaiian Islands. service roads, and steep woodlands, has elevated our Fencing with proper materials and techniques is the most interest in feral pigs. This discussion is based on literature effective way to exclude pigs from a property. from two sources: (1) all scientific and technical papers related to the behavior, control, and eradication of feral pigs 2. Aggressive hunting and trapping. indexed in the UC system, and (2) Hunting Wild Boar in In Hawaii, public hunting is practiced where California, by Bob Robb, the bible of the topic. The papers sustained yield of pigs is desired but is not useful as a cover three geographic areas: Australia, Hawaii, and means of eliminating populations. Furthermore, hunting as California. We will not discuss pigs as a disease vector but an eradication method is limited by the law of diminishing there is ample literature on the subject. r?turns. Australian research indicates that hunter interest i wanes as populations are reo .f in aggressive good swimmers a. own in the Animal Planet 99 9 program campaigns, but surviving pig populations subsequently "Wild Boar"! Fencing the peninsula would be much less rebound at a 400% annual rate under reduced competition. expensive than fencing Castle Rock SP, Portola SP...... If you decide to to shoot a pig in our region and your place, and our place. then eat it or give it away, you need a hunting license -Judith & Larry Watson (References for this article (S27.50), pig tags ($7.95 for 5), a center-fire weapon, maybe obtained from Larry at pigs@andele.com. He also landowner permission and then shoot only outside of any welcomes comments. "no-fire" zone which includes much of Santa Cruz county. Legal hunting is daylight-only. A landowner however can get a depredation permit from the local Dept. of Fish & Game warden (Santa Cruz- John Sutton 649-2870). There is no charge for the permit or the two attached pig tags. With this permit a landowner, or his named agent, can hunt or trap, day or night, use bait, and apply other unsportsmanlike methods within "no-fire" zones. However, the meat must be buried or given to a charitable organization. We have been experimenting to find suitable bait for consistently attracting pigs if box trapping is to be used. It is reported that fermented wheat is the most successful bait in many places, and at first these acorn- and gopher- eating pigs around here would only taste it and then move on. However, after letting the mash sour for two weeks they cleaned their plates within 24 hours. Pig hunting in California is a sizable industry with hunters often paying $500 for the opportunity to shoot a pig. Ranch (hunting resort)operators, in addition to guides, often provide housing and meals to both hunters and pigs. They even grow feed crops to maintain adequate pig populations. 4j� ii 3. Periodic professional near-eradication . An Australian study reported that hunting generally was not as effective in reducing pig numbers as poisoning but useful for killing pigs that survived other methods. Hunting pigs with dogs in one national park averaged A$312 per pig in 1989. Snaring in a remote fenced Hawaiian rain forest averaged 43 worker hours per pig. Professional near-eradication in the Santa Cruz mountains would cost at least as much as a similar effort in, Annadale State Park near Santa Rosa at about $1000 per pig killed and was shortly followed by reintrusion. 4. Construct a pig-excluding fence along the Super Corridor The fencing of an area and then removal inside the fence has been accomplished in several parks in Hawaii and Australia, and is the only permanent solution if pig removal is desired. We hope that pigs would not swim across the bay or from offshore islands but they might, since thav arP City q-i Palo Alto Department ofComniunity Services F -•E T-11-E -4; ;MAY- 0 h 1998 May 21 1998MOPE OPEC' IS== • 8TP1CT Paul McKowan, Volunteer Coordinator Recreation, Midpeninsula Regional Open Space District A Space& Saences Division 330 Distel Circle )uniorMuseum Los Altos, CA 94022-1404 Dear Paul: I could hardly believe my eyes when I found your package in yesterday's mail. Thank you very much for the volunteer handbook. I'm very impressed with its' layout, thoroughness and attractive clip art. It will be a big help in improving our volunteer orientation information. Please know how grateful I am for your help. If there is any way I can repay your thoughtfulness, please don't hesitate to call me personally at 617-3112. ordially, reg efts Open Space Manager 1451 Middlefield Road Palo Alto,CA 94301 415.329.2111 � i Fred Korzon Pecky D.Lewis,Jr. George W. Kuhn Chairman Nancy McConnell Ralph Richard Ruth Johnson Frank H.Millard,Jr. KLAND Executiye Officer Vice Chairman Charles E.Palmer a� COUNTYPARKS Jon J. t Mand Richard D.Kuhn,Jr-)r Richard tt Assistant Manager Secretary J.David anerVeen 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 May 18, 1998 Mr. Paul K. McKowan, Volunteer Coordinator Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Paul: Thank you for a great time on the Midpeninsula Tour last week. As we discussed, I would like a copy of your volunteer project list that you post on all of your bulletin boards. It's a great idea and one I would like to share with our staff. If you would, please forward it to the address listed above. I hope to see you at a future Special Park Districts Forum. Sincerely, Ralph Richard, Executive Officer Oakland County Parks and Recreation Commission ' RR:ks D VAv 0 1998 L—_ OPENI SPACE CiSTRICT I Regional Open , . ice ------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 15, 1998 This letter also sent to: Honorable Anna Eshoo Honorable Tom Campbell Member, United States House of Representatives Honorable Barbara Boxer Room 308, Cannon House Office Building Honorable Zoe Lofgren I st St. and Independence Avenue, SE Honorable Dianne Feinstein Washington, DC 20515 Subject: Land and Water Conservation Fund Dear Representative Eshoo: On behalf of the Midpeninsula Regional Open Space District and its constituents, I am writing to urge your continuing support for the fiscal year 1998 Land and Water Conservation Fund (LWCF) appropriations. We are very concerned with the availability of funds for local projects, particularly Bair Island, a critical project of the Peninsula Open Space Trust. This project is a wonderful illustration of the leveraging of local funds with federal funds toward the preservation of a unique and threatened area of open space. Your support for the release of this year's appropriations is crucial to the continuation of this project, as well as many others throughout California and the rest of the country. The Land and Water Conservation Fund was created for the purpose of permanent protection of public recreation and open space lands and the development of recreational facilities across the nation. Funding from the LWCF has contributed to the establishment and protection of some of the nation's greatest natural treasures, including Big Sur, Everglades River of Grass, and Yosemite and Yellowstone National Parks. On a local basis, the LWCF has been instrumental in all 50 states in providing parks and open space protection as well as thousands of recreation and parks facilities. Within the Midpeninsula Regional Open Space District, nearly $4 million in LWCF grants have been utilized since 1975 for numerous projects in three counties, benefiting the District's hundreds-of-thousands of constituents. Your efforts and support are needed to release the fiscal year 1998 LWCF appropriations. I urge you to work to ensure that these funds are made available, as Congress intended when it created the Land and Water Conservation Fund in 1964. Sincerely, Betsy Crowder, President Board of Directors BC/mcs cc: MROSD Board of Directors Audrey Rust, POST Americans for our Heritage and Recreation 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 MEMORANDUM June 11, 1998 To: Craig Britton, General Manager From: Mary de Beauvieres, Acting Senior Pla*1 Subject: Portola Valley Town Council Meeting Consideration of Site Development Permit Utility Undergrounding Condition I attended the Portola Valley Town Council meeting last night. The Town Council was asked by staff to make a determination on whether the Town Engineer could finalize the Site Development Permit for the parking lot upon completion of the construction, even though Pacific Bell has not completed their undergrounding of telephone lines. The utility undergrounding was a condition on the Site Development Permit. After much discussion, they decided to continue the item to their June 24 agenda for a final decision. On the one hand, they do not want to delay our opening the lot, but on the other hand they feel that we could do more to put pressure on Pacific Bell. I learned last night that the Town Engineer had tried to put pressure on Pac Bell to complete their undergrounding by holding up some easements that they needed from the Town. It didn't work. The Town finally had to yield to Pac Bell and grant them the easements/permits to enter that they needed when storm damage to utility lines in the area affected service. They've told us 1 to 2 months would be needed to complete their work. The Town Engineer has a note in her files that in December, 1997 they told her they needed 2 more weeks to complete their work. I am afraid that 1 to 2 months may be their stock answer. The Mayor (Gary Nielson) offered to write a letter, and they asked if our legal counsel could get involved. Can I ask Sue to look over the file and do what she can to "encourage" them to complete their work ASAP? Rt�qional . . a ' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Malcolm Smith June 11, 1998 Public Affairs Manager (650) 691-1200 Artiodactyl Sighted at Open Space Preserve ! Los Altos, CA -- There has been a confirmed sighting of at least sixty artiodactyl (ar't6-o-ddk1tel) at Russian Ridge Open Space Preserve near Skyline Boulevard. The public is urged to remain calm, not panic, and go about their business as usual. Biologists report that this sighting is not related to the recent Godzilla hysteria. Of course we're talking about the bovidae family of the order artiodactyla - better known as goats and sheep - and how they are being used to reduce the yellow starthistle growth on public open space lands. For the second consecutive year, the Midpeninsula Regional Open Space District has brought in up to one hundred goats and sheep into a temporarily-fenced grassland area at Russian Ridge Open Space Preserve. These animals will graze on the yellow starthistle, which is a non-native and very invasive plant species. Their grazing helps to deplete the seed crop of this plant, and hopefully will result in a reduction in the amount of starthistle in the future. These hillsides were once covered with perennial bunchgrasses which were green throughout the summer. Now, yellow starthistle and other non-native species which out-compete native plants have taken over, thus decreasing both plant and animal diversity. Selective grazing is one method with which the District is experimenting to determine the best long-term mechanisms for grassland management, restoration of native plant species, and increasing an area's biological diversity. Other management methods used at Russian Ridge include mowing, removal by hand, herbicide application, and prescribed burning. The grazing study area is at Russian Ridge Open Space Preserve, adjacent to a portion of the Ancient Oaks Trail between the Mindego Trail and Alpine Road. The Ancient Oaks Trail and surrounding vicinity in this area are closed to all uses during this study, which will continue through the month of June. The approximately 10-acre area is temporarily enclosed with a low-voltage electric fence, with smaller enclosures within that region to concentrate grazing in specific test areas. (more) 330 Distel Circle * Los Altos CA 94022-1404 - Phone: 650-691-1200 FAX: 650-691-0485 - E-mail: mrosd@o ens>ace.or Web site:www.openspace.org ace.or P K K t P g Board of Oirc ctors:fete Sie rnens,Mary C. Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz -General Manager:L.Craig Britton li A worker is living on-site in a trailer to monitor the animals, which are herded to the trailer area each night for water and protection. The public is requested to avoid the test area, to watch for trail or area closure signs, and to not remove any flags or markers they may encounter. There are approximately 60 animals currently on-site. Up to 200 animals may be brought in before the program is completed. The Midpeninsula Regional Open Space District, extending from the City of San Carlos to the Town of Los Gatos, is a public agency which has preserved over 42,000 acres of diverse open space and manages 23 open space preserves. ungulate Funding is provided by a small share of the annual total property tax revenues collected within District boundaries. The District permanently protects wildlife habitat, watershed, and a variety of ecosystems, restores damaged natural resources, and provides trail improvements for passive recreational use by the public. The District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment, and to preserve open space for future generations to enjoy. There are approximately 20,000- 30,000 acres of land still at risk of being lost to development within the District's planning area. The District is divided into seven geographic wards, each represented for a four year term by an elected Board member. The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m., at the District offices. i Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 10, 1998 Honorable Slade Gorton This letter also sent to: Member, United States Senate Honorable Ralph Regula Room 730, Hart Building 2nd and C Streets,NE Washington, DC 20510 Subject: Land and Water Conservation Fund Dear Senator Gorton: On behalf of the Midpeninsula Regional Open Space District and its constituents, I am writing to urge your support for releasing fiscal year 1998 Land and Water Conservation Fund (LWCF) appropriations. This fund was created for the purpose of permanent protection of open spaces and the development of recreational facilities across the nation. Funding from the LWCF has contributed to the establishment and protection of some of the nation's greatest natural treasures, including Big Sur, Everglades River of Grass, and Yosemite and Yellowstone National Parks. On a local basis, the LWCF has been instrumental in all 50 states in providing open space protection as well as thousands of recreation and parks facilities. Within the Midpeninsula Regional Open Space District, nearly$4 million in LWCF grants have been utilized since 1975 for numerous projects in three counties, benefiting the District's hundreds-of-thousands of constituents. Your efforts and support are needed to release the fiscal year 1998 LWCF appropriations. I urge you to work to ensure that these funds are made available, as Congress intended when it created the Land and Water Conservation Fund in 1964. Sincerely, &&� Betsy Crowder, President Board of Directors BC/mcs cc: MROSD Board of Directors Honorable Barbara Boxer Honorable Diane Feinstein Americans for our Heritage and Recreation 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