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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-17
REGULAR AND SPECIAL MEETINUS
BOARD OF DIRECTORS
AGENDA*
6:0
0 P.M. 330 Distel Circle
Wednesday Los Altos, California
July 22, 1998
***PLEASE NOTE***
6:00 P.M. Closed Session Start Time
7:30 P.M. Public Meeting Start 7 me
(6:00) ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS
CLOSED SESSION
The Closed Session will begin at 6:00 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. Conference With Real Propaly Negotiator - Government Code Section 54956.8
Real Pro M: Santa Clara County Assessor's Parcel Number: 562-07-008
Negotiating Parties: Kelsey/Eberts
Und�otiations: Instructions to negotiator will concern price and terms of
payment.
2. Conference With Rea Prosy Negotiator - Government Code Section 54956.8
Real Pro M: Santa Clara County Assessor's Parcel Number: 562-21-002
Ngotiatirlg Parties: Lindner et al.
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
I
330 Uistel Circle Los Altos, CA 94022-1404 Phone: 650-691-1200
FAX: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org
�Y_, Y r, David T.Sme�tma
art/of Directors:Pete Siemens,Mar C.Dave ,led Cy
r, ff, Nonette Nanko,Betsy Crowder,Kenneth C. Nitz m Genera!Manager:L.Craig Britton
i
Y
Meeting 98-17 Page 2
3. Conference With Real Property Nego is r - Government Code Section 54956.8
Real FjQpaty: Santa Clara County Assessor's Parcel Numbers: 544-28-004;
544-29-006; 544-30-M & -003; 544-31-002, -003, & -004; 544-33-001,
-002, & -003; 544-33-014; 544-50-001; 544-50-004; 544-56-004; 558-41-007;
558-41-011; 558-41-017 & -018; and 558-42-001.
Negotiating Parties: Arlie Land & Cattle Company. Negotiator: John
Musumeci
Under Nego is ions: Instructions to negotiator will concern price and terms of
payment.
4. Conference With Real Property Negotiator - Government Code Section 54956.8
Real EmXjU: San Mateo County Assessor's Parcel Numbers: 064-380-020;
066-140-010, -030, -040; 067-240-020; 067-300-020; 067-320-010
Nego 'a ingy Parties: First Skyline Corporation; ARW Company; Alan Walden
Company; Peter Donnici. Negotiator Craig Etlin, Esq.
Under N go i bons: Instructions to negotiator will concern price and terms of
payment.
(7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS
** ORAL COMMUNICATIONS -- Public
SPECIAL ORDER OF THE DAY -- B. Crowder
Pledge of Allegiance
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- B. Crowder
*** APPROVAL OF MINUTES
May 27, 1998 (Consent Item)
June 10, 1998 (Consent Item)
June 17, 1998 (Consent Item)
June 24, 1998 'Consent Item)
*** WRITTEN COMMUNICATIONS
BOARD BUSINESS
*** 1. Authorization to Solicit Bids for Site Clean-up and Restoration in Sierra Azul
Open Space Preserve and Determination that the Recommended Action is
Categorically Exempt from the California Environmental Quality Act -- M.
Freeman
(7:45) 2. Authorization to Execute the Notice of Contract Completion for Windy Hill
Open Space Preserve Public Access Improvements -- M. de Beauvieres
*** 3. Authorization for the General Manager to Execute a Retainer Agreement to
Retain the Law Firm of Irvine and Cooper to Represent the District in the
Meeting 98-17 Page 3
Following Litigation at an Amount Not to Exceed $20,000: Midpeninsula
Regional Open Space District v. Esperson-Rodrigues Development Company
and Midpeninsula Regional Open Space District v. Ireland -- S. Schectman
4. Request for Approval to File Amicus Curaie Letter and/or Brief in Support of
the Position of the City of Livermore in the Case of Paterson v. City o
Livermore, in the Supreme Court of California, Concerning Public Agency
Immunity From Liability for Mountain Bicycling Accidents -- S. Schectman
5. Cancellation of the August 26 Regular Meeting -- C. Britton
(7:50) 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.
eg _tt*
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-12
REGULAR MEETING
BOARD OF DIRECTORS
May 27, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 5:30 P.M.
Members Present: Betsy Crowder, Nonette Hanko, Mary Davey, David Smernoff, Pete
Siemens, Jed Cyr, and Ken Nitz
Personnel_ Present: Craig Britton, Sue Schectman, Deirdre Dolan, and Mike Williams
H. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 5:32 P.M. and the Closed Session commenced at 5:33
P.M. The Board concluded the Closed Session at 7:20 P.M. and B. Crowder call the Regular
Meeting to order at 7:30 P.M. She noted that no reportable actions had taken place in Closed
Session.
Additional Personnel Present: Malcolm Smith, John Escobar, Mary de Beauvieres, and Susan
Dale
III. ORAL COMMUNICATIONS
There were no oral communications.
IV. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. D. Smernoff seconded the
motion. The motion passed 7 to 0.
330 Distel Circle - Las Altos,CA 94022-1404 - Phone: 650-691-1200
FAX:650-691-0485 - E-mail: nirosd@openspace.org - Web site:www.opensr)ace.org
13oard or Chet tors Pete Siemens,Mary C. Davey,led Cyr, David 1,Smernoff, Nanette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager.t.Craig Britten
Meeting 98-12 Page 2
V. ADOPTION OF CONSENT CALENDAR
K. Nitz requested the removal of agenda item 3, Tentative Adoption of an Amendment to the
Comprehensive Use and Management Plan for Windy Hill QW,�Space Preserve to Upgrade
the Spring Ridge Picnic Area and install a Commemorative Bench on the Anniversw3r Trail
and Determination that the Action is Categorically Exempt from the California Environmental
Act and B. Crowder requested the removal of replies to written communications to
Anne Koletsky and Harry Haeussler.
Motion: J. Cyr moved that the Board adopt the Consent Calender, including approval of
the minutes of the April 8, 1998 Regular Meeting; replies to written
communications from Robert Zatkin, 140 Springdale Way, Redwood City;
Chris Church (chris@mail.backdoor.com); and Steve Wolf
(swolf@octopus.wr.usgs.gov); agenda item 1, Armroval of Amendment to the
Settlement and General Release Agreement Between Mid=insula Regional
Q=space District and the Russian Convent of Our Lady of Vladimir, Inc..
Egendijng the Time Period for Approval_ and Execution of Required Subsea n
Documents and Authorization for the Board President to Execute the
Amendment, agenda item 4, Tentative Adoption of an Amendment to the Use
and Management Plan for Monte Bello Open Space Preserve; Determination
that the Action is Categorically Exempt from the California Environment
Quality Act; Authorization for Staff to Proceed with Conditional Use Permit
Revisions with the City of Palo Alto; and Authorization for Staff to Proceed
with Revisions to the Black Mountain Backpack Camp; agenda item 7,
Autho ' ation for Staff to Advertise for Bids to Purchase a Small Dump Truck;
agenda item 10, Tentative Adoption of an Amendment to the Comprehensive
Use and Management Plan for the Hickory Oak Ridge Area of Lnng
O n Sp= Preserve to Realign an AWraximately .01 Mile Segment of the Bev
Area Ridge Trail and Determination that the Action is Categorically Exempt
from the California Environmental Quality Act; and Revised Claims 98-12. P.
Siemens seconded the motion. The motion passed 7 to 0.
VI. WRITTEN COMMUNi_CATIONS
B. Crowder requested the reply to Anne Koletsky, 260 Linfield Dr. #3, Menlo Park be held as
she is continuing to discuss the matter with her. B. Crowder requested a change to paragraph
2 in the reply to Harry Haeussler, 1094 Highlands Circle, Los Altos. H. Haeussler stated he
did not request any reply to his letter, that he had submitted it for information purposes only.
B. Crowder removed the reply to Mr. Haeussler.
Motion: J. Cyr moved that the Board approve written communications as modified. N.
Hanko seconded the motion. The motion passed 7 to 0.
Meeting 98-12 Page 3
VIE. BOARD BUSINESS
A. Agenda Item No. 2 - Comment on and Acceptance of Staffs Program Evaluation for
the 1997-1998 Action Plan for the Implementation of the Basic Policy of the
Midne ins ula Regional Q= Space District
C. Britton stated that due to an airline reservation, he would need to leave the meeting
at 9:00 at which time J. Escobar would take over as Assistant General Manager and
that he had scheduled agenda items so that he would be present for those items which
would most involve his comments and response.
C. Britton reported this agenda item was a summary of staffs efforts relative to the
action plan for the last fiscal year and that each program manager was to give a
summary of project status within their groups.
P J g P
M. Williams reported the highlights within the Acquisition and Enterprise programs
which included acquisition of 1300 acres of open space. N. Hanko asked what the total
acreage of District open space was to date. C. Britton responded 42,300 acres. M.
Williams reported on the new communication lease at Pulgas Ridge Open Space
Preserve and the transaction completion of the former Bach/Bullis property to the
Guenther's.
R. Anderson reported on the highlights within the Planning Program, which included
staffing changes and modifications to the planning team structure and Planning projects
such as the Regional Open Space Study, El Corte de Madera Trail Use Plan, Fremont
Older parking studies, and FEMA landslide repairs.
B. Crowder asked what the status was on the rock climbing project. M. de Beauvieres
responded that it was the next project scheduled after the El Corte de Madera Trail Use
Plan was finalized.
J. Escobar reported on the highlights within the Operations Program. He reminded the
Board that the Resource Management Program is now a sub-program of the Operations
Program, that good progress has been made on all key projects, and that field staff has
embraced the Resource Management program, which will be a benefit to the program's
success. He reported on the Rancho de Guadalupe burn; the extensive repairs being
made by field staff to trails and bridges caused by the long and trying winter rains; the
excellent progress on the Operations Program Review and continued progress on the
Influencing Skills Training and the development of District-wide Team Agreements.
He noted that the Operations Manual project will become a high priority when the
Operations Program Review is completed.
N. Hanko commented on the vast wildflower population this year and the beautiful and
spectacular blooms during the tours the District conducted during the Special Districts
Forum. She was concerned that the techniques used to remove the star thistle may
have a negative impact on the wildflowers. J. Escobar assured her the methods used to
control star thistle will have little impact on the wildflowers. D. Smernoff added that
Meeting 98-12 Page 4
the studies and plans which have been put in place are intended to aid native diversity
and rid the area of invasive vegetation.
P. Siemens stated his pleasure with the support the field staff is giving the Resource
Management program.
M. Smith reported on the progress of the Public Affairs program which included
recognizing and using the 25th Anniversary as a publicity mechanism; integrating the
Visitor Services sub-program; and in general maximizing the public's awareness of the
District. He presented a few highlights such as: averaged two slide presentations per
month and one press release per month; the mailing list reached over 18,000 and
continues to grow; the success of our Web site; the popularity of the Kids' Art of Open
Space; the public opinion poll; and the success of two Bills -- AlB1366 (Lempert) and
SBI048 (Sher). He reported 33 school classes participated in the Spaces and Species
program; the District received the Peninsula Conservation Center 1997 Business
Environmental Award in the educational outreach category; Phase H exhibits have been
installed at the Nature Center; and 12 volunteers have completed the crew leader
training and already helped in 10 projects.
N. Hanko thanked C. Britton and M. Smith for their creative talents which led to the
passing of SB1048.
C. Britton and D. Dolan highlighted the Administration Program. C. Britton reported
District funding is sound primarily based on the rebound of the economy and the state
reporting a surplus of$4 billion. He reported that he continues to work closely with
Ralph Heim on current legislative issues and hopes to have Ralph Heim give a
presentation at a Board Meeting close to year end.
D. Dolan reported on the continuation of the Communications Improvement Program;
the busy hiring year which included hiring for seven positions in addition to the usual
six to eight of seasonal employees; and the implementation of the PERS 2% at 55
retirement formula and the pre-tax dependent care and medical expense reimbursement
plans.
S. Schectman reported on the completion of the Substance Abuse Policy and the draft
Internal Affairs Policy. She also gave the status on several litigation matters which are
open and those which have been settled.
B. Agenda Item No. 3 - Tentative Adoption of an Amendment to the Comprehensive Use
and Management Plan for Windy Hill Q= Space Preserve to Upgrade the S *
Ridge Picnic Area and In=]] a Commemorative Bench on the Armivers= Trail and
DcLumination that the Action is Categorically Exempt from the Californi
Environmental Quality Ac
K. Nitz removed this item from the consent calendar and requested more information
relating to the actual completion time of the project and actual length of time it will
remain closed while the grading was taking place. He questioned the need for grading.
Meeting 98-12 Page 5
M. de Beauvieres responded that grading became necessary when it was discovered that
ponds develop, after it rains, which eliminates use of about half the parking
availability. Parking will be available directly across the highway while the grading is
taking place. M. de Beauvieres also showed samples of the recycled material that will
be used for wheel stops when the parking lot is completed.
Harry Haeussler, 1094 Highlands Circle, Los Altos asked if horse hitching posts were
going to be installed at the new parking lot and if not, would hitching horses to the
fence be permitted. He complimented staff for clearly stating the CEQA actions on this
Board Report. Mr. Haeussler also suggested installing a screen around the rest room to
prevent startling of horses by users of the rest room. M. de Beauvieres clarified the
rest room will be away from the equestrian trail and N. Hanko responded she felt there
was no need to screen the rest room. M. de Beauvieres stated that this motion is a
tentative adoption and that staff could include information on hitching posts when they
return to the Board for final adoption.
Motion: K. Nitz moved that the Board determine that the action is categorically
exempt from the California Environmental Quality Act and tentatively
adopt an amendment to the Comprehensive Use and Management Plan
for Windy Hill Open Space Preserve to upgrade the Spring Ridge picnic
area and install a commemorative bench on the Anniversary Trail.
C. Agenda Item No. 5 - Award of Contract for Bridge Renlacement Project at La Honda_
Creek Q.�n Sp= Preserve and Authorization for the General Manager to Enter into a
Contract with TKO Construction in the Amount of$137.950
R. Anderson provided background on the project and an overview of the bid results.
Motion: J. Cyr moved that the Board authorize the General Manager to enter into
a contract with TKO Construction in the amount of$137,950 for the La
Honda Creek Bridge Replacement Project at La Honda Creek Open
Space Preserve. D. Smernoff seconded the motion. The motion passed
7to0.
D. Agenda Item No. 6 - Award of Contract for Shilling Lake piilway Repair aQiect,
Thornewood Onen S;ace Preserve and Authorization for the General Manager to Enter
into a Contract with Brazil's Excavation in the Amount of$79.910
R. Anderson provided background on the project and an overview of the bid results.
Motion: N. Hanko moved that the Board authorize the General Manager to enter
into a contract with Brazil's Excavation in the amount of$79,910 for the
Schilling Lake Spillway Repair Project at Thornewood Open Space
Preserve. P. Siemens seconded the motion. The motion passed 7 to 0.
Meeting 98-12 Page 6
E. Agenda Item No. 8 - Authorization to Hire Godbe Research & Analysis, at a Cost of
$8,783.00, to Conduct a Follow-Up Public Qpinion Survey in the Coastal Area of San
Mato County to Assist the District in Evaluating Public Interest in Potentially
Establishing a System of District Unen Space preserves, Parks. and Bushes on the San
Mateo County Coast in Coordination with Existing and Planned District Preserves and
Trails, Including Potential_ Expansion of the District to the Coast and Authorization for
the General Manager to Execute the Contract with Godbe Research & Analysis
M. Smith provided background information on the decision to conduct a follow-up
random public opinion survey to evaluate public interest of potentially establishing a
system of District open space preserves, parks, and beaches on the San Mateo County
Coast.
Michael Murphy spoke on behalf of the Rural Coast Advisory Council, expressing their
concerns that another public opinion survey will not fairly cover the feelings of those
who live in the rural San Mateo Coast area. He suggested structuring the poll to ensure
those surveyed fairly represent the rural area, thereby assuring balanced results. Mr.
Murphy requested that when the survey is performed, the eminent domain issue be
conveyed very clearly to those in the rural area. M. Smith reiterated that this was to be
a random survey and that in his discussions with Mr. Godbe it was determined an
"over-sampling" could be performed to ensure statistical validity from the rural area.
C. Britton suggested to Mr. Murphy that perhaps the Rural Coast Advisory Council
select a representative for the Advisory Committee which would most likely be formed
following the November election.
P. Siemens stated he felt the policy on eminent domain needed to be revised to include
farm land but there wasn't enough time to do that before the survey. N. Hanko
responded that the ad hoc committee, at their last meeting, reviewed and changed the
wording within the survey specifically to address the issue of eminent domain.
P. Siemens asked for clarification as to why the second poll was being conducted. M.
Smith responded the poll was being conducted again to gauge any change in support
due to the convent issue.
Motion: P. Siemens moved that the Board authorize the General Manager to
execute a contract with Godbe Research & Analysis to conduct a public
opinion survey in the San Mateo County coastal area, at a cost of
$8,783.00. N. Hanko seconded the motion. The motion passed 6-1.
K. Nitz voted no stating he believed conducting the second poll would
not be necessary because an advisory vote would be conducted to gauge
public support.
i
Meeting 98-12 Page 7
F. Agenda Item No. 9 - Tentative Approval of the Amendments to the District's Site
Naming and Gift Recognition Policy
M. Smith reviewed the amendments which were made to the District's Site Naming and
Gift Recognition Policy. K. Nitz questioned if the revisions to the Gift Policy covered
land donations. C. Britton responded that land donations are handled differently and
are not included in the Gift Policy.
Mau: P. Siemens moved that the Board tentatively approve the amendments to
the District's Site Naming and Gift Recognition Policy. K. Nitz
seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
N. Hanko announced that at the June 10 Board Meeting there will be an initial ballot measure
for the November advisory vote and on June 24 the Godbe survey results will be
proposal rY Y
available, ballot measure resolution, advanced planning and budget for initial annexation
submittal.
D. Smernoff congratulated staff on their exceptional job hosting the Special Districts Forum
tours on District preserves, Friday, May 22 and thanked C. Britton for arranging the helicopter
ride for himself and Director Cyr which took place over East Bay Regional Parks, Saturday,
May 23. He also reported on the tour which he took with the Acquisition and Enterprise
Committee to view three District residences which are under consideration for demolition.
C. Britton stated East Bay Regional Park officials were very gracious arranging helicopter
rides for the District Board members.
N. Hanko reported that her husband, Bob, was able to take several aerial photographs during
his helicopter ride and those photos will be available for Board members and staff. She also
stated several East Bay Parks' staff were disappointed they could not attend the District tours
as they were busy hosting their events.
C. Britton stated District staff plant to arrange a tour for East Bay staff who couldn't attend
our land tour event.
D. Dolan reported the District's Staff Recognition Event will be held on Tuesday, September
15 at Saratoga Springs Resort.
S. Schectman reported she attended the annual City Attorneys Legal Education Conference.
She regretfully announced the resignation of District Research Attorney, Diane Blackman, who
chose to change professions and accepted a position with People Soft as a Knowledge
Developer.
M. Smith reported Docent Coordinator, Cheryl Solomon, also resigned to pursue a teaching
credential so she could teach kindergarten.' He also pointed out the brightly colored posters
Meeting 98-12 Page 7
F. Agenda Item No. 9 - Tentative AIWroval of the Amendments to the District's Site
NaminLy and Gift Recognition Policy.
M. Smith reviewed the amendments which were made to the District's Site Naming and
Gift Recognition Policy. K. Nitz questioned if the revisions to the Gift Policy covered
land donations. C. Britton responded that land donations are handled differently and
are not included in the Gift Policy.
Motion: P. Siemens moved that the Board tentatively approve the amendments to
the District's Site Naming and Gift Recognition Policy. K. Nitz
seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
N. Hanko announced that at the June 10 Board Meeting there will be an initial ballot measure
proposal for the November advisory vote and on June 24 the Godbe survey results will be
available for consideration of a ballot measure resolution and a report on advanced planning
and budget for initial annexation submittal.
D. Smernoff congratulated staff on their exceptional job hosting the Special Districts Forum
tours on District preserves, Friday, May 22 and thanked C. Britton for arranging the helicopter
ride for himself and Director Cyr which took place over East Bay Regional Parks, Saturday,
May 23. He also reported on the tour which he took with the Acquisition and Enterprise
Committee to view three District residences which are under consideration for demolition.
C. Britton stated East Bay Regional Park officials were very gracious arranging helicopter
rides for the District Board members.
N. Hanko reported that her husband, Bob, was able to take several aerial photographs during
his helicopter ride and those photos will be available for Board members and staff. She also
stated several East Bay Parks' staff were disappointed they could not attend the District tours
as they were busy hosting their events.
C. Britton stated District staff plant to arrange a tour for East Bay staff who couldn't attend
our land tour event.
D. Dolan reported the District's Staff Recognition Event will be held on Tuesday, September
15 at Saratoga Springs Resort.
S. Schectman reported she attended the annual City Attorneys Legal Education Conference.
She regretfully announced the resignation of District Research Attorney, Diane Blackman, who
chose to change professions and accepted a position with People Soft as a Knowledge
Developer.
M. Smith reported Docent Coordinator, Cheryl Solomon, also resigned to pursue a teaching
credential so she could teach kindergarten. He also pointed out the brightly colored posters
Meeting 98-12 Page 8
which were produced by Fast Bay Regional Park for the Forum event and are now displayed in
the Board room.
R. Anderson announced the Sempervirens Board has invited representatives from the District
to attend their June 3 Board Meeting to give a presentation of the Regional Open Space Study
and asked which Board members would like to attend. Directors Cyr and Crowder stated they
would attend. M. Davey explained Sempervirens will be celebrating their 100th anniversary
in the year 2000.
IX. ADJOURNMENT
The meeting J was adjour
ned at 9:08 P.M.
Susan Dale
Recording Secretary
Claims No. 98-10
Meeting 98-12
Date: May 27, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4125 450.00 Aaron's Septic Tank Service Sanitation Services
4126 30.00 Ace Fire Equipment & Service Co. Fire Extinguisher Servicing
4127 299.86 Acme & Sons Sanitation Sanitation Services
4128 126.69 ADT Security Services Alarm Service
4129 152.06 Ajax Portable Services Sanitation Services
4130 113.27 Airgas Welding Services
4131 279.25 Kristi Altieri Reimbursement--CAPIO Conference
4132 97.83 Randy Anderson Vehicle Expense
4133 431.60 ANG Newspapers Meeting Advertisement
4134 2,000.00 Appraisal Research Corporation Appraisal Service
4135 129.00 ASLA Resource Documents
4136 107.50 Atlantic Ultraviolet Corporation Water Filtering Parts
4137 20.17 A T & T Telephone Services
4138 306.35 Craig Beckman Reimbursement--Uniform & Mileage
4139 149.41 •1 Blueprint Service Company Printing Services
4140 737.50 Jane Buxton Consultant--ROSS & FEMA Study
4141 6,581.06 Bofors Printing of South Skyline Maps
4142 311.75 Building Abatement Analytics; Asbestos Survey Services
4143 662.00 •2 California Department of Fish & Game Permit--Thornewood Spillway Project
4144 131.10 California Water Service Company Water Services
4145 270.66 Cole Supply Company, Inc. Janitorial Supplies
4146 275.03 Communication & Control Inc. Mt. Umunhum Water Pump
4146 1,123.78 Compurun Computer Memory Upgrades
4147 61.50 Cougar Couriers Express Courier Service
4148 45.00 Anne Curran Docent Training
4149 60.00 CPRS Recruitment Advertisement
4150 41.11 Dennis Danielson Reimbursement--Field Supplies
4151 39.86 Dell Marketing L.P. Computer Electrical Surge Protector
4152 100.00 Emergency Medic Internet-EMI Registration--J. Kowaleski--EMTI Class
4153 102.85 Emergency Vehicle Services Vehicle Repairs
4154 106.50 Federal Express Corporation Express Mail
4155 987.79 FixturePronto Brochure Boxes
4156 644.00 Flinn, Gray & Herterich Additional Vehicle Insurance
4157 64.07 Foster Brothers Security Systems, Inc. Locks and Keys
4158 135.90 •3 Fresh Choice Business Meeting Expense
4159 25.45 G & K Services Shop Towel Service
4160 2,427.81 Gardenland Power Equipment Field Supplies
4161 116.18 GTE Wireless Cellular Phone Service
4162 4,077.50 Greenbelt Alliance/GreenInfo Patrol Map Book Services
4163 105.15 Guy Plumbing & Heating, Inc. Restroorn Repairs
4164 2,212.30 Home Depot Field Supplies
4165 511.88 Jodi Isaacs Vehicle Expense
4166 1,880.16 Jakaby Engineering Consulting Services--La Honda Creek
4167 116.64 Jobs Available Recruitment Advertisement
4168 4,302.90 Jens Hansen Company Windy Hill Access Project Contractor
4169 135.00 Jobs In Government Recruitment Advertisement
Page 1
Claims No. 98-10
Meeting 98-12
Date: May 27, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4170 17.86 Kinko's Printing Services
4171 53.00 Kwik Key Lock & Safe Co., Inc. Service Call-Main Office Doors
4172 67.10 Langley Hill Quarry Rock
4173 1,314.82 Lanier Worldwide, Inc. Copier Lease
4174 100.00 Tom Lausten Uniform Reimbursement
4175 350.00 04 City of Los Altos Community Center Deposit--Special Mtg.
4176 306.10 Los Altos Garbage Company Dumpster Service
4177 1,897.23 Merwin Mace Acquisition Consultant
4178 21.60 Madco Welding Gloves
4179 126.65 Marin Supply Company Office Supplies
4180 327.34 *5 Julie McCullough Reimbursement--Building Permit
4181 2,851.38 Julie McCullough Restroorn & Bridge Consulting Projects
4182 360.00 Marie McGough Accounting Consulting
4183 200.00 *6 Ted Mello Entertainment--Forum Event
4184 427.52 MetroMobileCommunications Radio Repair and Servicing
4185 255.25 Moffett Supply Company Office Supplies
4186 529.07 Monogram Sanitation Restroom Chemicals
4187 4,000.00 *7 Navarone Industries, Inc. Postage Deposit
4188 42.35 Noble Ford Tractor, Inc. Tractor Accessories
4189 1,000.00 *8 North American Title Company Acquisition Deposit
4190 1,000.00 *9 North American Title Company Acquisition Deposit
4191 141.39 Northern Energy Propane Service
4192 678.66 Office Depot Office Supplies
4193 730.74 Office Helper Office Supplies
4194 362.89 Orchard Supply Hardware Field Supplies
4195 1,172.21 Pacific Bell Telephone Services
4196 3,120.86 PIP Printing Newsletter, Envelope & Map Printing
4197 274.46 Pitney Bowes Credit Corporation Postage Meter Lease
4198 464.12 *10 Porter Rents Rental Equipment--Forum Event
4199 74.45 Precision Engravers, Inc. Name Tag Engraving
4200 23.34 Rancho Ace Hardware Field Supplies
4201 34.13 Rayne Water Conditioning Water Service
4202 34.85 Rich's Tire Service Tire Repair
4203 4,126.75 Rays Repair Service Vehicle Repair and Service
4204 39.50 Russ Enterprises, Inc. Signs
4205 498.12 San Francisco Newspaper Agency Recruitment Advertisement
4206 452.10 San Jose Mercury News Contract Bid Advertisement
4207 708.00 Santa Clara Co. Dept. of Environmental Health Fuel Permits
4208 27.50 Sequoia Analytical Water System Testing
4209 300.00 *11 Sue Schectman Conference Advance
4210 54.45 Second Cup Business Meeting Expense
4211 112.10 Skyline County Water District Water Services
4212 20.00 *12 Sonoma County Public Health Lab Tick Testing
4213 460.67 Sportif Wholesale, Inc. Uniform Supplies
4214 260.27 Staples Office Supplies
4215 96.34 Summit Uniforms Uniform Expense
4216 350.00 Terrasearch, Inc. Geotechnical Consultants--Bridges
Page 2
Claims No. 98-10
Meeting 98-12
Date: May 27, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4217 4,233.36 Terratech, Inc. Engineering Consulting Services
4218 390.93 Therma Corp. Air Conditioning & Heating Services
4219 2,706.97 Turner & Mulcare Legal Services
4220 58.27 University Art Center Graphic Art Supplies
4221 68-57 Unocal Fuel
4222 3,000.00 U.S. Postal Service Postage
4223 2,250.09 VISA Conference Expense, Business Meeting
Expense, Registration and Field Supplies
4224 600.00 Roberta Wolfe Recording Services
4225 1,753.25 Del Woods Reimbursement--Computer Accessories
4226R 635.77 Petty Cash Field Supplies, Office Supplies, Forum
Expenses, Conference Registration,
and Film Processing
*1 Urgent Check Issued May 14, 1998
*2 Urgent Check Issued May 11, 1998
*3 Urgent Check Issued May 13, 1998
*4 Urgent Check Issued May 11, 1998
*5 Urgent Check Issued May 08, 1998
*6 Urgent Check Issued May 11, 1998
*7 Urgent Check Issued May 19, 1998
*8 Urgent Check Issued May 07, 1998
*9 Urgent Check Issued May 11, 1998
*10 Urgent Check Issued May 11, 1998
*11 Urgent Check Issued May 08, 1998
*12 Urgent Check Issued May 14, 1998
TOTAL 78,647.80
Page 3
Rqqlonal OpenS,-.ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-13
REGULAR MEETING
BOARD OF DIRECTORS
June 10, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 7:30 P.M.
Members Present: Peter Siemens, Mary Davey, Betsy Crowder, Nonette Hanko, Ken Nitz, and
Jed Cyr
Members Absent: David Smernoff
Personnel Present: Craig Britton, Sue Schectman, Deirdre Dolan, John Escobar, Malcolm Smith,
Randy Anderson, Jodi Isaacs, David Topley, Matthew Freeman, and Mike Williams.
H. ORAL, COMMUNICATIONS
There were no oral communications.
III. ADOPTION OF AGENDA
P. Siemens moved that the Board adopt the agenda. J. Cyr seconded the
motion. The motion passed 6 to 0.
IV. ADOPTION OF CONSENT CALENDAR
N. Hanko requested the removal from the Consent Calendar of agenda item 5,Approval of
Communications Site Lease and Agreement with Association for Continuing Education(ACE).-a
non-profit California Corporation and Approval_ of Sublease Between ACE and Space
Systems/Loral Inc.,a Delaware Corporation on Black Mountain_ Rancho San Antonio Olen
Space Preserve;Determination that the Recommended Actions are Categoricab Exempt from the
California Environmental Quality Act (CEQA); Authorization for the President of the Board of
Directors to Execute a Communications Site Lease and Agreement with ACE_ for the
Communication Fac 1ity; and Authorization for the General Manager to Execute the Sublease
Between ACE and Space Systems/Loral- Inc.,,Communication Facility on Black Mountain
Rancho San Antonio Open Space Preserve_ agenda item 6, Agreement with California
Department of Forestry and Fire Protection(CDF)to Conduct a Prescribed Burn at Russian
Ridge Open .Space Preserve as a Part of the Second Phase of the Grassland Management Plan;
Determination that the Recommended Actions are Categorically Exempt Under the California
Environmental Quality Act (CEQA): and Authorization for the General_Manager to Sign the
Agreement with CD to onduct a Prescribed B R O idge pen Space Preserve as a
0Diste Circle Los Altos, t££ tone: 6W-691-12'0U—
FAX: 650-691-0485 - E-mail: mroscj@opensl)ace.org Web site:www.openspace.org
Hoard of Directors:fete SiE rnens,Mary C. Davey,led Cyr,David L.5rnernoff, Nonelte Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton
Meeting 98-13 Page 2
Part of the Second Phase of the Grassland Management Plan; and the minutes of the May 6, 1998
Special Meeting. B. Crowder removed Written Communications.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of
the minutes of the April 22, 1998 Regular Meeting; and Revised Claims 98-11. K.
Nitz seconded the motion. The motion passed 6 to 0.
V. APPROVAL OF THE MTNMS
May 6. 1998
N. Hanko asked that the minutes be amended as follows: Page 4, third paragraph under Issue
4, second sentence to read, "She said she did not think they should overlook the results of the
scientific survey conducted by Godbe Associates last December." Page 6, second paragraph
under Items 6, 7 and 9, attachment 1 to read, "N. Hanko said she thought the workshop
survey, though unscientific, was important because of questions having to do with the use of
District lands by preserve visitors."
Motion: N. Hanko moved that the Board approve the minutes of the Special Meeting of
May 6, 1998 as amended. J. Cyr seconded the motion. The motion carried 6
to 0.
VI. WRITTEN CON04UN_ICATIONS
B. Crowder asked that the reply to a written communication from Judith H. Lovell, President,
South Skyline Association, 13500 Indian Trail Road, Los Gatos, CA 95033, be amended.
She said J. Isaacs will insert in the second paragraph the date for the meeting. Regarding the
written communication from Ms. Ruth Waldhauer, Secretary, South Skyline Association,
22400 Skyline Boulevard, Box 35, La Honda, CA 94020, she said M. de Beauvieres had
drafted an amended reply which stated that we do not agree this is only a MROSD problem
and informing them that the District is one of three public agencies with landholdings. State
Department of Parks and Recreation and Santa Clara County Parks also have landholdings.
The letter will suggest that perhaps the Caltrans right of way might be more appropriate for a
telephone. She said they suggest the solution might be for South Skyline to work with
Caltrans and for our part the District will discuss with State and County parks and CDF
whether we can come to a cooperative agreement.
C. Britton said the point of the letter is we have tried a pay phone before and it was stolen.
He thought the real problem is Caltrans and the fact that their solar phones are not working.
He said he would rather concentrate on them finding another site. B. Crowder will work will
staff on the response.
Motion: J. Cyr moved that the Board approve replies to written communications from
Carol M. Hankermeyer, 3050 Country Club Court, Palo Alto, CA 94303;
Judith H. Lovell, President, South Skyline Association, 13500 Indian Trail
Road, Los Gatos, CA 95033, as amended; Jerry and Janet Peters, Route 2,
box 330, La Honda, CA 94020;Lynn C. Gale, Star Route 2, Box 329, La
Honda, CA 94020; Virginia and William Fowkes, Star Route 2, Box 329, La
Meeting 98-13 Page 3
Honda, CA 94020; Stephen Wilcox and Anne Warner,yvil .sOM
Richard and Janet Lee, ;dl P e c!+*„• and Victoria De Martini, Star Route
2, Box 329C, La Honda, CA 94020. K. Nitz seconded the motion. The
motion passed 6 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 1 - Authorization to Amend Agreement With City of Mountain View
for Twenty-four Hour Radio Dispatch Services;Authorization for the General_Manager to
Am nd Agreement with City of Mountain View to: increase Compensation Paid for
Cervices from 1 10%to 1 35% of Total Salary, Wage and Benefit Costs for the Mountain
View Communications Division;,Limit Annual Increase to a maxim=of 5% of the
Previous Year's Fee; and Extend the Terms of the Agreement an Additional 60 Months_
Commencing July L 1998 and Expiring June 30, 200 — eport R-9$-?21.
J. Escobar introduced David Topley, Support Services Supervisor. He also introduced
staff members from Mountain View: Cheryl Contois, Communication Services Manager;
and Jeff Polczynski, dispatcher and keeper of the computer files that make dispatch
possible.
D. Topley outlined the staff report. J. Cyr asked about their ability to connect more
directly with sheriffs radio frequencies in emergency situations. Cheryl Contois said with
sped dial buttons they have the ability to connect with all of the allied agencies within the
boundary. J. Escobar said the radios rangers carry have the frequencies for both fire
agencies, but you would initially want to work with your own dispatcher. He said Santa
Clara County has not permitted the District to be on their primary frequencies, but there
are other mutual aid frequencies available.
H. Hanko asked if staff could explain under informational reports the rationale for us not
being able to use the frequency to get in touch with the sheriff. J. Escobar said it takes a
matter of moments to get hold of the sheriff. It is not a communication breakdown.
In regard to the 30% increase, D. Topley explained that the District's use of Mountain
View's communications division is 1.35% of their total operation. The increase is based
on the increase in activity and the increase in salaries and benefits. D. Topley said the first
five year agreement had a 10% per year cap over the previous year and this one is down to
no more than 5% per year.
Motion: P. Siemens moved that the Board authorize the General Manager to
execute amendment number I to the existing agreement with City of
Mountain View to provide twenty-four hour radio dispatch services. N.
Hanko seconded the motion.
J. Escobar pointed out that Mountain View had also helped out on court liaison services.
Vote: The motion passed 6 to 0.
Meeting 98-13 Page 4
B. Agenda Item No. 2 -Review and Discuss the Proposed Drat Ballot Measure Language
Developed for Use in a Potential November 3' 1998 Advisory Measure on District
Annexation of the San Mateo County Coastal Area—(deport R-98-75)
Board Members reviewed the proposed wording and talked about the use of the word
"extend" instead of"expand." S. Schectman noted that this is solely an advisory measure
and the wording on the ballot will clearly state that. In addition, an advisory measure is
soliciting the opinion of the voters and is non-binding.
Chuck Kozak, P. O. Box 917, Moss Beach, said concern had been expressed to him about
being clear on the definition of the expansion. He said they might want to say"extending
west to the coast from current boundaries." Also, there was the issue of how to describe
the area from Highway 92 north. Mr. Kozak suggested putting the word"resources" after
"open space" at the beginning of the sentence.
S. Schectman reminded Board members that they were limited to 75 words. She clarified
that this was the tentative language and they will have further opportunity to work on it
before final approval on June 24.
N. Hanko asked for S. Schectman's opinion on the suggested changes. She advised that
the Board has discretion because this is an advisory measure and has no legal effect.
C. Britton read the revised wording as follows: In order to preserve open space resources
on the San Mateo County coast, shall the Midpeninsula Regional Open Space District
expand to the San Mateo coast west from its existing boundary in the San Francisco
watershed and from the boundary of Pacifica to the Santa Cruz County line?
Michael Murphy, 2100 Lobitos Creek Road, Half Moon Bay, asked if serious
consideration had been given to having two different statements, one for the people from
the southern boundary of Pacifica to the northern boundary of Half Moon Bay, the other
from the southern boundary of Half Moon Bay to the Santa Cruz County line. B.
Crowder said the idea had been considered.
C. Britton said staff will know the results of the phone survey by June 24 and can bring
some alternatives to the Board at that time. In response to Mr. Murphy's letter, he said he
would like to meet with him regarding the eminent domain policy.
Mr. Murphy said he thought if the eminent domain policy could be changed in advance the
opposition to annexation would go away. Otherwise, he thought there would be bitter
opposition.
C. Britton said there will be an item on policy development on the June 24 agenda so the
Board can decide if they want to start developing policy immediately.
H. Haeussler, 1094 Highlands Circle, Los Altos, said he was basically opposed to the
expansion idea.
Discussion continued as follows:
Meeting 98-13 Page 5
• Possible use of words "manage,", "conserve" and"preserve."
• Use of"modify" instead of"expand."
• 300 word impartial argument could include some of the wording so that actual
measure could be kept simple
• Inclusion of a map which would show the proposed boundary with the measure or
impartial analysis.
• Inclusion of a brief statement as to what the District actually is.
0 Cost of inclusion of map.
The following wording was proposed: "In order to preserve open space resources on the
San Mateo coast, shall the Midpeninsula Regional Open Space District extend its
boundary west to the San Mateo County coast and from the southern boundary of Pacifica
to the Santa Cruz County line?Harry Haeussler said the annexation would include more than the coast. He asked how
they will divide the added territory to give them representation.
In answer to a question as to what people who live there consider to be coast, Mr. Kozak
said in general he thought the San Mateo County coast encompassed everything from the
ridge line to the ocean.
Additional proposals:
"In order to reserve open n space ace resources in San Mateo County from the ridge line to the
P
ocean, shall the Midpeninsula Regional Open Space District expand . . .T'
"In order to preserve open space resources in Southern San Mateo County, shall the
Midpeninsula Regional Open Space District . . .?"
"In order to preserve open space resources in San Mateo County from the ridge line to the
ocean, shall the Midpeninsula Regional Open Space District extend its boundary west to
San Mateo County coast and from the southern boundary of Pacifica to the Santa Cruz
County fine?"
J. Escobar said he didn't think it was important where the existing boundary is and
suggested the following wording: "In order to preserve open space resources in San
Mateo County, shall the Midpeninsula Regional Open Space District expand (or modify)
its existing boundary to include the portions of San Mateo County lying west of Skyline
Boulevard from the city limits of Pacifica to the Santa Cruz County fine?"
Mr. Kozak suggested saying, ". . . extend its boundaries to the San Mateo County coast
and from the southern boundary of Pacifica to the Santa Cruz County line?"
S. Schectman said they would know by the 24th if a map can be included. Board
Members reached consensus that the word"coast" had to be contained in the wording.
Meeting 98-13 Page 6
Proposed wording: "In order to preserve open space resources on the San Mateo County
coast, shall the MROSD extend its boundary to include the portion of San Mateo County
west of Skyline from the southern boundary of Pacifica to the Santa Cruz County line?"
K. Nitz expressed concern that it sounded as though they were only preserving the
resources on the coast.
Proposed wording: "In order to preserve open space resources in San Mateo County
from the ridgeline to the coast, shall the Midpeninsula Regional Open Space District
extend its boundary to include the portion of San Mateo County west of Skyline from the
southern boundary of Pacifica to the Santa Cruz County line?"
C. Britton suggested having something about San Mateo County coastside in the
beginning of the wording.
Proposed wording: "In order to preserve open space coastal resources . . . T)
Motion: N. Hanko moved that the Board submit its' ideas back to the Ad Hoc
Committee for a final recommendation. J. Cyr seconded the motion. The
motion carried 6 to 0.
C. Agenda Item No. 3-Proposed Addition of Faucher Prosy to Cathedral Oaks Area of
Sierra A_ml Open Space Preserve;Determination that the Recommended Actions are
Categorically Exempt from the California Environmental_QuaHly Act: Tentative Adoption
of the Preliminary Use and Management Plan Including Naming the Faucher Propeny a
an Addition to the Cathedral_Oaks Area of Sierra A_ul Open Space Preserve;and Indicate
Their Intention to Withhold the Proper from Dedication as Public Open Space at this
Time—0&=ort R-98-W
M. Freeman reviewed the staff report and showed slides. He said the USGS map shows a
structure was on the property at one time but they could find no evidence. The closest
structure is at Mt. Umunhum. He said he and Ranger Miller were impressed with the large
amount of riparian vegetation on the property.
M. Williams outlined the terms and conditions. C. Britton noted an amendment to Section
5 of the resolution to change $125,000 to $100,000. C. Britton said the District does not
buy land based on its value as open space. There is a demand for property this size for
rural residential development.
Motion: J. Cyr moved that the Board determine that the recommended actions are
categorically exempt from the California Environmental Quality Act as set
out in the staff report; adopt Resolution 98-20 a Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District Authorizing
Acceptance of Purchase Agreement, Authorizing Officer to Execute
Certificate of Acceptance of Grant to District, and Authorizing General
Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction(Sierra Azul Open Space
Preserve-Lands of Faucher); tentatively adopt the Preliminary Use and
Meeting 98-13 Page 7
Management Plan recommendations contained n the staff report, including
naming the Faucher property as an addition to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve; and indicate their intention to withhold
the property from dedication as public open space at this time. P. Siemens
seconded the motion. The motion passed 6 to 0.
D. Agenda Item No. 4 - Calling of District Elections in Wards 1� 2. 5- and 6! and Requests
for Election Consolidation Services from Santa Clara, San Mateo. and Santa Cruz
Counties- (&enort R-98-74).
D. Dolan presented the staff report. M. Davey pointed out a correction to Ward 2 which
contains a portion of Los Altos and Sunnyvale. D. Dolan stated that the requested
actions are what had been done in the past.
N. Hanko said she thought it was a good thing for people to know who their director is
and asked about the costs for having a person on the ballot who is unopposed. C. Britton
said it was about $20,000 in San Mateo County and $17,000 in Santa Clara County.
Motio N. Hanko moved that the Board adopt Resolution 98-21 a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Calling Election and Requesting Election Consolidated Services- Santa
Clara County Wards 1, 2 and 5. 1 Cyr seconded the motion. The motion
passed 6 to 0.
Motion: N. Hanko moved that the Board adopt Resolution 98-22 a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Calling Election and Requesting Election Consolidated Services- San
Mateo County Wards 5 and 6. P. Siemens seconded the motion. The
motion passed 6 to 0.
Motions N. Hanko moved that the Board adopt Resolution 98-23 a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Calling Election and Requesting Election Consolidated Services- Santa
Cruz County Ward 2. K. Nitz seconded the motion. The motion passed 6
to 0.
Motion: N. Hanko moved that the Board confirm Section 2.12 of their Rules of
Procedure regarding a maximum of 200 words per candidate statement and
payment of candidates' statements in those wards where two or more
candidates have qualified to appear on the ballot. P. Siemens seconded the
motion. The motion passed 6 to 0.
Motion: N. Hanko moved that the Board adopt Resolution 98-24 a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Not Listing Any Unopposed Candidates for Election on the
November 3, 1998 Ballots of San Mateo County, Santa Clara County and
Santa Cruz County. I Cyr seconded the motion. The motion passed 6 to
0.
Meeting 98-13 Page 8
E. Agenda Item No. 5- Approval of Communications Site Lease and Agreement with
Association for Continuing Education(ACE)- a non-profit California Corporation, and
Approval of Sublease Between ACE and Space Systems/Loral Inc.- a Delaware
Corporation on Black Mountain'Rancho San Antonio Open Space Preserve;
Determination that the Recommended Actions are Categorically xe pt from the
California Environmental Quafity Act C . A);Authorization for the President of the
Board of Directors to Execute a Communications Site Lease and Agreement with ACE,
for the Communication Facility; and Authorization for the General Manager to Execute
the Sublease Between ACE and Space System"oral, Inc.. Communication Facilily on
Black MountaiM Rancho San Antonin Open Space Preserve --deport R-98-73)
M. Williams presented the staff report and noted this is an increase since March in monthly
rent from $900 to $2000.
Motion: M. Davey moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality Act
(CEQA) as set forth in the staff report; authorize the President of the
Board of Directors to execute a Communications Site Lease and
Agreement with the Association for Continuing Education(ACE), a non-
profit California corporation, for the facility on Black Mountain, Rancho
San Antonio Open Space Preserve; and authorize the General Manager to
execute the Sublease between Association for Continuing Education
(ACE) and Space System/Loral, Inc., a Delaware Corporation, for the
communication facility on Black Mountain, Rancho San Antonio Open
Space Preserve. P. Siemens seconded the motion. The motion passed 6 to
0.
F. Agenda Item No. 6 - Agreement with California Department of Forestry and Fire
Protection(mi)to Conduct a Prescribed Burn at Russian RidgOpen Space Preserve as
a Part of the Second Phase of the Grassland Management Plan;Determination that the
Recommended Actions are Catcizorica4 Exempt Under the California Environmental
Q j li Act (CEQA)• and Authorization for the General Manager to Sign the Agreement
with CDF to Conduct a prescribed Burn at Russian Ridge Open Space Preserve as a Part
of the Second Phase of the Grassland Management Plan_- (deport R-98-??l.
N. Hanko asked about the effect of burning on wildflowers. J. Isaacs said burning would
be beneficial to native grasses and wildflowers because it decreases the thatch level. The
burning will be done at the end of July and the beginning of August. She said they are
planning a burn in areas 1 and 4 only this year and will evaluate the results to determine
how they work with the whole grassland management plan. They would come back to the
Board before any additional burn. She said air quality control would have a big part in the
decision when the burn would take place because of smoke. C. Britton pointed out the
location of the residences that might be affected. J. Isaacs informed the Board that they
are using both sheep and goats in the grazing program.
Mono N. Hanko moved that the Board determine that the recommended actions are
categorically exempt under the California Environmental Quality Act as set out
Meeting 98-13 Page 9
in the staff report; and authorize the General Manager to sign the agreement
with the California Department of Forestry and Fire Protection(CDF)to
conduct a prescribed burn at Russian Ridge Open Space Preserve as a part of
the second phase of the Russian Ridge Open Space Preserve Grassland
Management Plan. P. Siemens seconded the motion. The motion passed 6 to
0.
G. Agenda Item No. 7 - Scheduling of June 17- 1998 Special Meeting—Report R-98-761
C. Britton stated staff had not originally planned to have public items at this meeting.
However, this was a time when the full Board would be present.
Motion: N. Hanko moved that the Board schedule a June 17, 1998 Special Meeting.
J. Cyr seconded the motion. The motion passed 6 to 0.
VII. INFORMATIONAL REPORTS
M. Davey talked about the Saturday POST event and asked if other Board Members had received
a copy of the American Trails publication out of Prescott, Arizona.
N. Hanko agreed with M. Dav 's comments on the POST event.
gr ey
Regarding N. Hanko's earlier question, J. Escobar said law enforcement agencies rarely give
other agencies access to their frequencies. The delay of deputies arriving after a call has little to
do with communications but has to do with geographic limitations. He said it might be a
communications issue in terms of coordination or priorities.
B. Crowder mentioned that Board Members had been invited to the Sempervirens dinner where
they met and talked with the Sempervirens board, and R. Anderson and C. Britton gave a
presentation.
M. Davey said they had been told about the damage San Mateo County public works did in Gazos
Creek on Sempervirens Fund and POST property.
J. Cyr expressed his pleasure at being invited to the dinner and meeting board members.
C. Britton reported as follows: 1. He had a copy of a 1967 phone book with a picture of Mt.
Umunhum on the cover. 2. He said he planned to remove the pay phone in the lobby because it
was not used much and the telephone in the kitchen can be programmed to call collect, 800
numbers, or credit card numbers. 3. M. Williams and he went to the San Mateo County Grand
Jury and answered questions about the District's exchange of land and sale of the Thornewood
property. He said he thought Grand Jury members were satisfied that the District had conducted
itself properly. 4. He referred to the FYI memo reminding Board Members of the staff
recognition event on September 15. July 16 is the volunteer event and July 21 is the docent
meeting. 5. He had attended the Americans for Heritage and Parks meeting in New Orleans
about the Land and Water Fund. He described the talk by the Mayor of New Orleans. He
pointed out there was a chart in the FYIs about the District's land and water fund projects. 6. He
mentioned the POST dinner and said he had introduced himself to Bruce Babbitt and suggested
Meeting 98-13 Page 10
full funding for land and water. 7. At the Sempervirens fund meeting R. Anderson gave a
presentation on the Regional Open Space Study and he talked about potential coastal expansion.
8. He met with Paul Romero and Larry Coons re SB 2, the proposed State Park Bond Act. He
said there is a 25% chance that SB 2 and the bond act will pass in November. 8. Information on
the mailing on the coast from Navarrone mailing service was in the FYIs.
N. Hanko talked about the meeting with T. Campbell and the trip to Mt. Umhunum. C. Britton
had written a follow-up letter suggesting that they might be able to arrange a helicopter trip.
J. Escobar said staff is planning a special workshop meeting on August 19 regarding the
Operations Program review. Board members commented on the models and the consulting team.
S. Schectman said she had presented the authorized proposal on the labor relations item pending
with Local 715. Negotiations will take place in August or September. Regarding the tree cutting
and removal at Thornewood, a lawsuit had been filed. The Ireland encroachment matter was also
filed. She had also been working with the convent implementing documents which will come
back to the Board on June 24. Regarding a Brown Act decision about whether a fourth Board
member could attend a three member committee meeting, she stated the Attorney General says
they can attend as an observer, but not as a participant.
M. Smith reported that staff will work on the sound system. He said the tentative date for the
Windy Hill parking lot dedication ceremony is Friday, July 17 at 4:00 P.M.
C. Britton referred to the letter in FYIs to the CEO of PacBell regarding the utility
undergrounding at Windy Hill and said this was a land and water project.
VIII. ADJOURNMENT
At 10:13 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
Claims No. 98-11
Meeting 98-13
Date:June 10, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4227 131.06 ACE Fire Equipment Service Annual Fire Extinguisher Service
4228 126.69 ADT Security Service Alarm Service
4229 924.41 AJAX Portable Services Portable Toilet Rental
4230 126.65 American Traffic Supply Posts
4231 239.20 Artech Laminating Laminating Supplies
4232 59.00 01 Atlas Heating & Air Condition Furnace Repair
4233 5.80 A T & T Telephone Service
4234 75.72 Barron Park Supply Enterprise - Circuit Breaker
4235 250-00 Bay Area Open Space Council BAOSC Conference Expenses
4236 -+5*-96- Beck's Shoes--Phil Hearin Uniform Supplies
163.79
4237 135.00 Bill's Towing Towing Services
4238 79.00 L. Craig Britton Reimbursement-Prof. Dues/Membership
4239 603.04 L. Craig Britton Reimbursement - L&WCF Conference
4240 42.50 Carleen Bruins Reimbursement-Prof. Dues/Membership
4241 44.33 California Water Service Water Service
4242 132.OD *2 California Dept. of Fish & Game Application Fee
4243 97.76 California Water Service Company Water Service
4244 276.68 Cascade Fire Pumper Parts
4245 895.00 Continuing Education of the Bar Legal Education Annual Fee
4246 4,:?90.59 Compurun Systems Computer Supplies/Upgrades
4,330.50
4247 40.59 Contemporary Engraving Docent Name Badges
4248 182.00 Costco Wholesale Office Supplies
4248 3,159.98 Deborah Mills - Design Concepts Graphic Design
4249 660.00 First American Title Title Insurance - Weaver Property
4250 14.00 Pauline Gambill Trail Policy Book
4251 1,328.93 Gardenland Power Equipment Field Supplies
4252 1,225.39 Gilroy Motorcycle Yamaha Parts
4253 4,391.50 Godbe Research & Analysis Public Opinion Survey
4254 97.98 GTE Wireless Cellular Phone Service
4255 0:7.50 Half Moon Bay Review Meeting Notification
85.50
4256 253.31 Interstate Traffic Control Products Highway Stakes
4257 2,4:?1.87 Irvine & Cooper Law Offices Legal Fees-MROSD vs. Ireland
2,258.13
4258 1,314.15 Irvine & Cooper Law Offices Legal Fees-MROSD vs. Esperson-Rodriguez
4259 585.00 Frank Isidoro Trail Repair
4260 1,604.27 Jeda Publications Printing Preserve Map
4261 985.00 Killroy Pest Control Application of Roundup-Contract Agreement
4262 83.94 CSK Auto Field Equipme;nt Supplies
4263 78.81 Lab Safety Supply Water Sampling Equipment
4264 94.93 Local Government Publications Law Book Supplement
4265 874.30 Merwin Bucky Mace Acquisition Consulting Services
4266 578.64 Lucent Technologies Phone Maintenance Service
4267 137.25 MCI Long Distance Phone Service
4268 76.24 MetroMobile Communications Radio Repair & Service
4269 804.70 Minton's Lumber & Supply Field Supplies
Page 1
Claims No. 98-11
Meeting 98-13
Date: June 10, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4270 156.62 Moffett Supply Co. Preserve Restroom Supplies
4271 30.00 *3 National Associations of Interpretation Entry Fee
4272 215.00 National Recreation & Park Association Membership Renewal
4273 694.99 Peninsula Blueprint, Inc. Bluelines & Printing Services
4274 42.69 Pine Cone Lumber Co., Inc. Field Supplies
4275 9211.89- PIP Printing Printing Services
922.13
4276 810.00 Peninsula Open Space Trust Analysis & Review Services
4277 4.00 Rancho Cobblers & Cleaners Field Shoe Repair
4278 14.60 Rancho Hardware Field Supplies
4279 31.83 Roberts Hardware Map Box Supplies
4280 936.11 Roy's Repair Service Vehicle Service
4281 114.75 Safety Kleen Field Machine Service
4282 1,692.30 San Jose Mercury News Recruitment Advertisement
4283 42.22 San Mateo County Times Subscription
4284 1,000.00 *4 Saratoga Springs Recognition Event Deposit
4285 141.67 Susan Schectman Reimbursement - Conference Expenses
4288 288.60 Schwaab, Inc. Office Supplies
4287 48.69 Shell Oil Fuel
4288 1,127.34 Signs of the Times Signs
4289 135.85 Cheryl Solomon Vehicle Expenses
4290 376.72 Space Designs Office Shelves
4291 48.09 Steven's Creek Quarry Road Repair
4292 162.38 Michael Newburn Uniform Supplies
4293 8,200.00 Mike Tobar Excavation Site Clean-up Services
4294 125.14 The Tufnut Works Anti-Theft Nuts
4295 3,187.67 Turner & Mulcare Legal Services
4296 871.52 Vallen Safety Supply Field Supplies
4297 220.35 Westgroup Law Book Supplement
4298 335.58 Westlaw On-Line Computer Service
4299 21.62 Wheelsmith Vehicle Supplies
4300 470.10 Wheel Works Tires
4301 119:1.60 Michael C. Williams Vehicle Expenses
135.23
4302 65.98 Lisa Zadek Vehicle Expenses
4303R 1,150.00 City of Palo Alto Conditional Use Permit--Montebello
4304R 5,000.00 Lucille & William Ming Sing Lee Trust Lee Property--Sierra Azul Option Fees
4305R 293.60 Petty Cash Business Meeting Expense, UPS Postage,
Field & Office Supplies and Parking Fees
*1 Urgent Check Issued May 28, 1998
*2 Urgent Check Issued June 1, 1998
*3 Urgent Check Issued June 1, 1998
*4 Urgent Check Issued June 2, 1998
TOTAL 58,766.03
Page 2
III , a cI
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-14
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
June 17, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 5:35 P.M.
Members Present: David Smernoff, Peter Siemens, Mary Davey, Betsy Crowder,
Nonette Hanko, Ken Nitz, and Jed Cyr
Members Absent: None
Personnel Present: Craig Britton, Sue Schectman,
11. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Items 1, 2, and 3.
The Board recessed to Closed Session at 5:35 P.M. and the Closed Session commenced at
5:36 P.M. The Board concluded the Closed Session at 7:28 P.M. and B. Crowder called
the Regular Meeting to Order at 7:32 P.M. She noted that no reportable actions had
taken place in Closed Session and that the Closed Session would be continued at the
conclusion of the Regular Meeting.
Additional Personnel Present: Deirdre Dolan, John Escobar, Jodi Isaacs, and Mary de
Beauvieres.
III. ORAL COMMUNICATIONS
Patty Ciesla, P. O. Box 3189, Stanford, referred to her survey regarding accidents and risk
taking by mountain bikers at El Corte de Madera. She will give a copy of her report to the
District. She said the data she gathered indicated more serious injuries had occurred on
fire roads at high speeds. Only one or two serious injuries occurred on single track trails.
She said that out of 42 respondents, 41 said they always wore their helmet; this is the
highest reported use in any mountain bike study she could find. She said she hoped the
Board would take the information about mountain bikers seriously because she believed
their policies were creating trails which encouraged higher speeds and were therefore
more dangerous.
Richard Bourke, P. O. Box 7207, San Jose, asked if there had ever been an EIR filed
330 Distel Circle * Los Altos,CA 94022-1404 Phone: 6.50-691-1200
FAX:650-691-0485 - E-mail: mrosd@openspace.org Web site:www.openspace.org �
Board of Directors:fete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz . (General Manager.L.Craig Britton
Meeting 98-14 Page 2
because of activity by the District. He asked for a written reply to his memo to M. Smith.
In reference to the claims list, he said he would like to see travel expenses broken out
separately in the credit card payments.
IV. ADOPTION OF AGENDA
Motion: D. Smernoff moved that the Board adopt the agenda. J. Cyr seconded the motion.
The motion passed 7 to 0.
V. BOARD BUSINESS
A. Agenda Item No. 1 - Tentative Adoption of a Use and Management Plan
Amendment for the Study Area 2 Trail Use Plan for El Corte de Madera Creek
Open Space Preserve;Determine that the Recommended Actions are Categorically
Exempt from the California Environmental QualiV Act; Amend the
Comprehensive Use and Management Plan for El Corte de Madera Creek Open
Space Preserve to Include the Study Area 2 Trail Use Plan_; and Tentatively Adopt
the Study Area 2 Trail Use Plan for El Corte de Madera Creek Open Space
Preserve.
A. Ad Hoc Committee's Recommended Actions—Report R-98-79)
M. De Beauvieres outlined the staff report which included history of the
area, and stated that this is the 19'b public meeting, in addition to task force
workshops and meetings. She said the study area is the most trail dense of
all the study areas and has three primary access points: 1. Skeggs Point
(gate 1). 2. Methuselah Trail Head (gate 2). 3. Gordon Mill Trail head
(gate 3). She said there is an unnamed trail head at gate 4 and some people
use what is informally known as gate 4-1/2. She described the three
revisions to the Task Force plan resulting from the April 2 meeting
(recommendations 2.10, 2.16, and 2.21).
N. Hanko asked about alignment of the Ridge Trail. M. de Beauvieres said
she had met with San Mateo County Committee of the Bay Area Ridge
Trail. They had looked at the one she pointed out as the preferred one.
M. de Beauvieres showed where trail Segment 79 was proposed to be
closed. She said the other trail for hiking only was not built yet so currently
the only hiking only trail was the newly constructed portion of the Sierra
Morena Trail, which she showed on a map.
B. General Manager's Alternative Recommended Actions- (&eport R-98-801
J. Escobar assured the public that an alternative recommendation has been
made in the past. He said the alternative recommendation came out of the
ad hoc committee meeting that modified the task force recommendation.
He assured them this was another perspective and recognized the Board's
authority to make the decision. He said staff would carry out their decision
Meeting 98-14 Page 3
to best of their abilities. He reviewed the staff report and questioned
whether the erosion caused by a trail of 37%was in keeping with other
things the District did to protect the environment. He said the study had
focused more on the experience, not on access. He was not sure there had
been enough discussion of long term restoration and resource management
goals. He asked the Board to keep those goals in mind when making their
decision. Task force members Ian Wright, Todd McGee, and Berry
Stevens were present.
Todd McGee, 287 Laurie Meadows#131, San Mateo, said he was a
frequent volunteer and current president of ROMP. He supported the
current proposal with the amendment in place. He pointed out that
mountain bikers were 50% of the District user base and they have been
happy to support the District when asked.
Fred Stanke, 22873 Longdown Road, Cupertino, said he was a mountain
biker and would like Devil's Staircase to stay open. He would like to have
a variety of trail experiences open to him. He wondered if it was
necessarily bad that this 37%trail is a leap away from what the District has
done in the past. He questioned if they all need to fit one standard and
hoped there was room for some exceptional trails. He said they want it left
now because they have seen all others they wanted to keep lost.
Berry Stevens, Redwood City, said he strongly supported the ad hoc
committee's three amendments to the plan. He felt they would balance the
plan and restore the credibility of the plan and the District. He questioned
statements in the reports regarding damage to the trails, percentage of
hiker and biker users, and bikers being given alternate experiences on other
parts of preserve. He asked that they approve the ad hoc committee's
recommendations.
N. Hanko asked about notice of the meeting. M. de Beauvieres described
the notification from the District. C. Britton said there had been no
advance notice other than regular notification. He said this meeting was
scheduled on July 10.
J. Escobar said this is a tentative adoption and there is a 30-day period
before the final adoption. C. Britton responded regarding the ratio of
hikers and biking, stating that they feel that when a parking area is put in
and the Ridge Trail is designated the percentage of other user groups will
increase.
Peter Donohue, 792 Arguello Street, Redwood City, described another
hiking only trail at the preserve. He said the 371/6 grade is at the bottom
where Devil's Staircase meets Gordon Mill and may not be there after the
realignment. He said he had been to almost all 19 meetings and the final
result basically matches what staff had been recommending. He said he
didn't see public input being taken and hoped they would end up with what
Meeting 98-14 Page 4
was brought up in the last meeting. He said if they give people what they
want they will get more support.
M. de Beauvieres responded that there is another very steep trail section
just above the rocky outcropping. She explained how they designate the
steepness when the trails are inventoried. She said the maximum grades
are fairly accurate while the average grades are simply average. She
pointed out that on that trail, the lower section could be realigned but not
the top portion.
Bob Hess, 2411 Graceland Avenue, San Carlos, said he had hiked in Study
Area 2. Some trails were the worst he had ever seen and some were the
best. He said prior to the District buying the land it was used by dirt
motorcycle riders. He said it is obvious that the trails are still being used
for thrills and are not safe for any users. This preserve is getting a
reputation and major hiking groups avoid it because of past experiences
with bikers that don't follow the rules. He said he agreed with the
committee's recommendations except for 2.10, 2.16, and 2.21. He agreed
with B. Crowder's position on those items.
Elly Hess, 2411 Graceland Avenue, San Carlos, said she was delighted
when MROSD purchased ECDM because of abuse by motorcycles. She
was looking for healing but there are still destructive trails, new and old.
She said they walked on Sierra Morena Trail, and the trails that cut across
it coming in from Skyline and go straight down the hill will eventually wash
out in these crossovers. She said they also walked down Devil's Staircase
and bicyclists must think it is dangerous because they cut through the
woods on both sides to go around the rocky steep place. She asked if they
could call ECDM a preserve when they are abusing the land this way. She
said Devil's Staircase should be closed to everyone and Sierra Morena
should be for hikers only. She said their hiking group is full of hikers who
have stopped using trails that are heavily used by bikers. She would like
recommendations 2.10, 2.16, and 2.21 to be deleted.
Charles Jalgunas, 11990 Page Mill Road, Los Altos Hills, manager of a
bike shop, said he had used the open space for ten years and had watched
some favorite trails closed or sanitized. He referred to the November
hearing to purchase land on the coast and said if the Board continued to
honor their constituents the way they had, the District would not only not
have his support but would probably have his opposition.
N. Hanko clarified that the advisory measure is for those who live on the
coast to see if they want to be included in the District and informed Mr.
Jalgunas that there would probably be a funding measure. She said they
need the support of everyone who pays taxes and votes.
Meeting 98-14 Page 5
Brett Monello, 339 Manzanita Avenue, Palo Alto, said he had taken time
to study the issues. He was in favor of the ad hoc committee
recommendation and said life is about recognizing diversity.
Louis Mendelowitz, Palo Alto, said it was disconcerting to hear opposition
from staff. He said they could change the whole profile of the area by
creating special things for a group that has not traditionally used the area.
He thought the less that is done the better it would be. He sometimes
thought the Board was being led around by staff. He said he thought it
was nice to see multiple use on all trails.
M. de Beauvieres showed the section of Sierra Morena that is 35% grade.
What is continuing to be shown on the map is that Skyline County Water
District has a main water line parallel to Skyline and have an access
easement to get in to maintain that line. J. Escobar said it is also necessary
to keep that route open to bicycles if you make the trail around Witch's
Knoll hiking only.
Ross Finlayson, Mountain View, said he was sorry if they appeared
confrontational. He said he didn't look at what came out of the last
committee meeting as a concession to bikers but as an improvement of
circulation patterns. He said he thought they could create an environment
where there would not be conflicts between hikers and bicyclists.
M. de Beauvieres pointed out other access to the preserve farther down if
they remove Devil's Staircase.
Jean Rusmore, 36 Berenda Way, Portola Valley, said she appreciated the
District's willingness to work with members of the task force and ad hoc
committee. She remembered the conflict San Mateo County had with
illegal motorcycle uses in the 70s and commended them for the time and
care they have taken to preserve the land. She thought they should keep
the Sierra Morena Trail around Witch's Knoll for hiking only. She had
walked on segments 70, 71, and 79 and they should be closed. Segment 79
is too steep and is eroded down to bare rock. She concurred with staff
and said it would be ecologically insensitive if it were kept open.
David Oare, 1622 Ralston Avenue, Belmont, commented about the
process. He would have liked to see staff present a more thorough and
two-sided argument.
Patty Ciesla said what they were planning to do if they accepted the staff
amendment to the ad hoc committee recommendation was create a single
set of trails which would be used by a high volume of both hikers and
cyclists. There would be no alternate trail for cyclists. She said they were
creating safety and conflict problems that did not answer hikers' and
bikers' concerns and interests. She said they should retain segments 79,
87, and 90.
Meeting 98-14 Page 6
Discussion followed as to why90 and 87 were removed and whether they
eY
meeting.
had been considered by the task force at its summary m g.
Dawn Rintal 1505 Revelstoke Wa Sunnyvale, said she was an avid
a, Y, Y" ,
cyclist. The best thing was to listen to users and implement what they
want. She said she understood that the task force was developed but was
not allowed to finish its objective. B. Crowder said the task force
expressed its opinion. They met a number of times and their conclusion
was discussed on April 28.
N. Hanko said they anticipate that when there is a parking lot there will be
many more users.
Conrado Vellve, 1217 Mariposa Street, San Francisco, said he thought
weather had been the culprit for some trail damage. He said they had not
discussed the impact or preservation of the meadow proposed for the
parking lot. He supported the plan with amendments. He asked why there
were not more"walk your bike" signs in the muddy areas and why the gate
4-1/2 entrance would be closed.
J. Escobar said compliance in walk only zones was about 10%. He
pointed out Gate 4-1/2 which is on a bend on Skyline where there is no
parking. It would not be responsible of the District to put people there.
Regarding the task force process, he said he felt like they had consensus
when they left the room at their last meeting. Now some task force
members have changed their mind. In his mind the process was complete
at the final meeting.
Ian Wright, 15600 Skyline Boulevard, Woodside, task force member, said
he understood that it was his role to express opinions. He said hikers and
bikers are looking for different experiences. He thought hikers avoiding
conflict were responsible for the 80-20 split.
Bill Davis, 2035 W. Middlefield#5, Mountain View, spoke in favor of the
ad hoc committee's amended proposal. He specifically addressed the issue
of not feeling safe walking down Devil's Staircase. He questioned whether
every trail needs to be applicable to every single person.
K. Nitz said it is not a use problem but an ecological problem. The use is
causing a lot of erosion.
Patty Ciesla addressed ecological concerns stating that only staffs point of
view was presented. She said if they wanted to minimize erosion they
could close some fire roads and let them revert to single track. She asked
that they take basic safety measures including getting rid of water bars.
Meeting 98-14 Page 7
Jean Rusmore said she understood there is a 15 mph speed limit. If users
observed that she didn't think they would go off the edge.
Berry Stevens said Devil's Staircase has not changed substantially in years,
and is a very stable trail.
Steven , Mountain View(no card), said the Board was in a unique
position to provide alternate terrains. He said he was very concerned with
safety and didn't think putting people on trails where there are more users
was a safe solution.
B. Crowder read her memo into the record, stating that she still supported
staff recommendation for elimination of Devil's Staircase and realignment
of Segment 92 by staff as well as Sierra Morena being hiking only.
Discussion followed regarding keeping Sierra Morena hiking only and
8 $ P 8 $ Y
having segments 70 and 79 continue as a way to get to the new proposed
trail for bikers. C. Britton said if Board members were thinking of radically
changing the proposal he would prefer that it be returned to staff.
Motion: N. Hanko moved that 2.16 be reworded to say that staff will
work with the citizens task force to work out an agreement
to realign or restore portions of trail segment 92 while
maintaining the character of the trail. D. Smernoff
seconded the motion.
Discussion: C. Britton said staff feels they have the expertise and the
experience and know the terrain and would still have had
the same recommendation. J. Escobar said he thought that
given the amount of trail and this amount of detail, the staff
would be hampered in terms of doing projects and doing
them efficiently.
Berry Stevens said he could appreciate why staff was
offended and that not using the Sweko could be the only
restriction on them. J. Escobar said the trail machine is very
effective and cost effective.
Vote: The motion was defeated. Directors Hanko, Smernoff and
Nitz voted aye;Directors Cyr, Siemens, Crowder and
Davey voted no.
Motion: M. Davey moved that the Board accept staff
recommendation to delete Section 2.16. P. Siemens
seconded the motion. The motion passed 5-2 (Directors
Smernoff and Nitz voted no).
Meeting 98-14 Page 8
Discussion followed regarding Section 2.10, retaining Devil's Staircase. C.
Britton said he would like an opportunity for staff to study the area and
come back with recommendations to the full Board. In addition, at the
next meeting they will be proposing to hire a geologist to look at ECDM
and Purisima.
Motio P. Siemens moved that the Board delete recommendations
2.10, 2.13 and 2.14 and offer a substitute that would refer
the matter of a route generally following segments 87 and
90 back to staff for further study and a recommendation.
N. Hanko seconded the motion.
Discussion: J. Escobar said he thought they had looked at that quite
extensively and both the committee and the task force
recommended that these segments not remain open.
Patty Ciesla suggested making the whole Sierra Morena
trail hiking only except for the section going from gate 3 to
gate 2, and keeping the water district section along Skyline
for cyclists.
Berry Stevens said the whole purpose of Sierra Morena trail
was to create a perimeter and get people off Skyline
Boulevard. He liked the idea of leaving 70 and 79 open.
Vote: The motion passed 4-3 (Directors Smernoff, Davey and
Crowder voted no).
C. Britton clarified that whatever action taken at this meeting was
tentative. In the meantime they will not be doing anything physical on the
property.
Board and staff members discussed the ramifications of Sierra Morena
being retained as a hiking only trail or as a multiple use trail.
Motion: P. Siemens moved that the Board modify recommendation
2.21 to say"designate all of the retained, realigned or new
trails outlined in the trail use plan as multi-use trails with the
exception of the Sierra Morena trail." and then say, "Staff
will return to the Board with recommendations regarding
retention of that trail as hiking only." N. Hanko seconded
the motion.
Vote: The motion passed 6 to 1 (K. Nitz voted no).
Motiolt: P. Siemens moved that the Board approve
recommendations 1, 2 and 3 as previously amended. B.
Crowder seconded the motion.
Meeting 98-14 Page 9
Discussion: C. Britton clarified the amendments. The ad hoc committee
will be composed of B. Crowder, P. Siemens, and K. Nitz
with D. Smernoff as alternate.
Y=: The motion passed 7 to 0.
VI. INFORMATIONAL REPORTS
C. Britton reported as follows: 1. He asked Board members to make sure their calendars
were accurate. Discussion followed regarding scheduling of July meetings. 2. He
announced a birthday party for Ted Lempert.
VII. ADJOURNMENT
At 10:40 P.M., the meeting was continued to a Closed Session to discuss Items I and 3.
Roberta Wolfe
Recording Secretary
r
Re i glo
al Open I,.s aice
I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-15
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
June 24, 1998
N4 NUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:30 P.M.
Members Present: David Smernoff, Peter Siemens, Mary Davey, Betsy Crowder,
Nonette Hanko, Ken Nitz, and Jed Cyr
Members Absent: None
Personnel Present: Craig Britton.
II. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:30 P.M. and the Closed Session commenced at
6:35 P.M. The Board concluded the Closed Session at 7:30 P.M. and B. Crowder called
the Regular Meeting to Order at 7:34 P.M. She noted that no reportable actions had
taken place in Closed Session and that the Closed Session would be continued at the
conclusion of the Regular Meeting.
Additional Personnel Present: Deirdre Dolan, John Escobar, Jodi Isaacs, Malcolm Smith,
Michael Williams, Randy Anderson, Del Woods, Sue Schectman, and Lisa Zadek.
III. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highlands Circle, Los Altos, said he appreciated that the book
containing the agenda packet had all the current information in it. He had a question
about the possibility of a delay of the Windy Hill parking lot dedication because of the
telephone lines. He related an experience at Windy Hill where a bicyclist asked him to talk
to his family about how to act around horses.
C. Britton said that in response to Mr. Bourke's comments at the last meeting, Visa card
expenses were broken down on the claims list.
330 Distel Circle - Los Altos,CA 94022-1404 - Phone:650-691-1200
FAX: 650-691-0485 - E-mail: mrosd@operaspace.org * Web site:www,openspace.org
Board of Dire(tors:F e le Siemens,Mary C.Davey,Jed Cyr, David 1'.Srnernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton
Meeting 98-15 Page 2
IV. ADOPTION OF AGENDA
Motion; D. Smernoff moved that the Board adopt the agenda. K. Nitz seconded
the motion. The motion passed 7 to 0.
V. ADOPTION OF CONSENT CALENDAR_
N. Hanko requested removal of the a draft response to a written communication from Mr.
Steve Wolf, swolf@7a octopus.wr.usgs.gov; K. Nitz removed agenda item 8,Einal
Adoption of an Amendment to the Use and Management Plan for Windy Hill Open Sp=
Preserve to LTp,grade the Spring Ridge Picnic Area and Install a Commemorative Bench on
Anniversary Trail; and B. Crowder had a question regarding an item on the Revised
Claims list.
Regarding Claim 4334, Jens Hansen Company, Inc. C. Britton said this was the contractor
for the improvements at Windy Hill. The claim will be pulled until M. de Beauvieres
returns and can answer B. Crowder's question.
Motion: N. Hanko moved that the Board adopt the Consent Calendar including
agenda item 6,Proposed Amendment to Purchase Agreement for
A",uisition of Aitken Property Addition to Russian Ridge Open Sparc
Preserve. including adoption of Resolution 98-25 a 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.);
agenda item 7,Final Approval of Amendments to the Site Naming and
Gift Recognition Policy; agenda item 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; agenda item 10,Eing
Adoption of an Amendment to the Use and Management Plan_for the
Hick=Oak_Ridge Area of Long Ridge Open mace Preserve to Realign
an Approximately .01 Mile S!cinnent of the Bay Area Ridge Trail; and
Revised Claims 98-12 except for Claim 4334. D. Smernoff seconded the
motion. The motion passed 7 to 0.
VI. WRITTEN CON94UNICATIONS
N. Hanko said she thought the draft response to a written communication from Mr. Steve
Wolf was argumentative and she liked the prior letter sent to him better. She had a copy
of the McGinnis study on dogs done in 1987 and said she thought it was still applicable.
She thought it should be sent to Mr. Wolf and that new Board Members might want to
read it as well.
..........
Meeting 98-15 Page 3
J. Cyr suggested changing the second paragraph, second sentence of the draft letter to
read, "Many people from throughout the District enjoy this access, including those who . .
and last sentence to read, ". . . who chooses to walk his or her dog . . ."
Motion: P. Siemens moved that the Board direct staff to work with N. Hanko on a
revised response. M. Davey seconded the motion. The motion passed 7 to
0.
C. Britton said staff would submit a draft response to the letter from Jean Rusmore
regarding ECDM study area 2.
VII. BOARD BUSINESS
A. Agenda Item No. I -Resolution Declaring theBoard'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—(Roort R-98-81)
C. Britton noted that a number of letters and a-mails regarding Items 1, 2 and 3
had been received after the agenda packet was mailed. Board Members expressed
concern about not receiving such communications in time to review them prior to
the meeting. Following discussion, it was agreed that staff would fax or e-mail
them to Board Members as they were received, or provide a summary of those that
came in at the last minute.
N. Hanko said the ad hoc committee had not come to grips as to whether the
advisory committee should be a permanent body if the annexation is successful.
She felt there should be a permanent committee. She said their charter now is to
look at reviewing specific District policies to come up with issues that they see as
important to the coast.
H. Haeussler said he felt it was unfair to make different policies for the coastal
area, and if they make policy changes they should be all inclusive. He asked why
they were wasting time when the vote has not yet passed.
N. Hanko said the coast consists of a good deal of agricultural lands which we do
not have within District boundaries. She said they need to address agricultural
uses and eminent domain as it pertains to preserving agricultural land, but that
does not mean they should not change policy for the rest of the District too. She
said there would be hearings so all policies could be looked at.
P. Siemens said he would expect that whatever policies were adopted would apply
to the whole District.
N. Hanko answered Mr. Haeuessler's second question, stating they recognize
through hearings on the coast that there are issues they need to address and they
want to assure people that this Board is willing to do that.
Meeting 98-15 Page 4
Michael Murphy, 2100 Lobitos Creek Road, Half Moon Bay, Rural Coast
Advisory Council, said they do need this committee and need to work out policies.
He said it would be sensible to work out policies first, then have an election. By
going through a process of working out sensible policies with the 42 stakeholders
listed, they could gain their support. He said if they have the election first, they are
asking people to vote on policies they have not written. They have a chance to
build consensus and get support behind the Board. He said if it were not for the
eminent domain policies he would be the biggest supporter of annexation. He said
those policies are antithetical to them. He referred to his letter which was included
in the Board's packet.
N. Hanko responded that the work the District has been doing in studying this
matter has ended up with a lot of time spent by staff and Board. She said they
need to know whether there is serious interest on the coast before they continue.
She said they expect that people will take them at their word when they read the
resolution. The committee feels strongly they should do this before they spend
more time and money.
M. Davey said the District's first eminent domain policy was forged over a period
of two years. They have less than five months to forge another one. She said this
is an advisory vote and they hope it will give them the confidence to move ahead
with some certainty.
Mr. Murphy said they have spent money on a survey that says they have support.
Now there is less support. He said they are authorizing $78,000 which comes out
of funds which could be used to acquire new open space. He said if the District
doesn't postpone the vote, they have to oppose it.
B. Crowder said this is not an election to annex the coast but is advisory to ask if
they want to be annexed.
H. Hanko said the poll indicated there was not a substantial change in attitude
according to Mr. Godbe and that there is still a substantial majority supporting the
annexation. Mr. Murphy said eminent domain is the only issue and he thought the
Board's own logic supported postponing the vote.
Timothy Duff, P. O. Box 370575, Montara, Coastal Co-chair of the Sierra Club
Land Use Committee, Loma Prieta Chapter, described the group's activities and
expressed support for staff s recommendations on items 1 and 2. He said he
would expect that members of the group would be actively campaigning for the
measure if it is on the ballot. He disagreed with delaying the vote and said he
thought it was prudent to find out how voters feel. He noted there is program
support for eminent domain in the local Coastal Plan, Policy 10.46.
N. Hanko referred to the proposed resolution and said she thought it was clear as
to the policies of the Board on agricultural land and eminent domain.
Meeting 98-15 Page 5
Leonard Woren, P. O. Box 1375, El Granada, said eminent domain is an integral
part of what the District needs in order to operate on the coast side. He said the
question is why people are against it and asked what is the evidence that the
District will be taking people's houses. He urged them to go forward with the
advisory election, stating that time is important. There have been consistent attacks
on McNee Ranch and they have lost Cascade Ranch. He said he was an elected
official who ran on a slow growth platform and turned out incumbents who
appeared to be in favor of growth at any price. He believed his view of where the
coast needs to go is widely shared by the voters. He said they need to do a careful
evaluation of the technical and political issues.
Chuck Kozak, P. O. Box 370702, Montara, spoke regarding the advisory
committee and why he supported the configuration as it was being proposed
tonight. He said the people he has worked with like the way the District operates.
Based on that, he urged them to go forward with items 1 and 2 as presented. He
said he had read the resolution and had no problem with it.
P. Siemens said he was concerned about clarifying what the District will do after
the election. He said he thought they were making a policy commitment in the
resolution. He suggested changing Paragraph 5 of the resolution to read as
follows: "Whereas, the Board of Directors specifically intends to review: (1)the
policy on land acquisition, focusing on alternative methods of preservation such as
purchase of conservation easements; (2)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 homes; (3) 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 (4) other policies as identified in
the future; and". He expressed concern about the advisory board, stating that
perhaps the committee should have someone not appointed by the Board.
Following discussion, C. Britton responded that it was not a suggestion that they
make a decision as to how the committee would be constituted. If the advisory
vote passes, the ad hoc committee will come back to the Board immediately with a
recommendation on how to form the advisory committee.
By consensus, Board members agreed with P. Siemens' suggestions regarding the
amendment to the resolution.
K. Nitz commented that the recommended advisory committee does not have
anyone from the farm bureau or other agricultural committee.
H. Haeussler said the proposed advisory committee representatives would all be
from the San Mateo Coast and asked why there was not a representative from
people who are currently in the District. B. Crowder said the elected Board
members represented those people. Other Board members felt that Mr. Haeuessler
Meeting 98-15 Page 6
had made a good point.
Motiom M. Davey moved that the Board adopt Resolution 98-26 a
Resolution of the Board of Directors of the Midpeninsula.Regional
Open Space District 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, as amended, subsequent
to voter consideration of an advisory ballot measure on November
3, 1998. J. Cyr seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2 -Resolution Calling an Advisory Election and Rea in
Election Consolidation and Administrative Services- San Mateo County—C&Wort
R-98-87).
C. Britton noted that the executive summary on the opinion poll was contained in
the FYIs.
Motion* N. Hanko moved that the Board adopt Resolution 98-27 a
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. D. Smernoff seconded the motion.
Discussion:. H. Hauessler said if the people on the coast want to come into the District,
they should pay for the election, not those currently in the District. S.
Schectman said there is no legal mechanism to collect funds from an area
that had not been annexed.
C. Britton stated that they remain hopeful of receiving a grant from
the Packard Foundation. P. Siemens said he believed it was in the
interest of their constituents to expand to the coast. H. Hanko
commented that the poll shows that 88% of the District
constituants support the idea of annexing the coast.
M. Murphy asked how many people in the rural area were asked
and what the results were. He was informed that 8-10 people in the
southern area were polled. Mr. Murphy said he had hoped they
would have polled a bigger sampling and could talk about limiting
the vote to those who live in Half Moon Bay and north. He said
the rural coast does not think annexation is a good idea.
B. Crowder noted that the area is not all coastal, there is a large
amount of forested land as well. N. Hanko said that if the south
coast does not want to be annexed, it will be obvious after the
election.
Meeting 98-15 Page 7
April Vargas, P. O. Box 370265, Montara, red a letter from Zoe
Kersteen-Tucker, in which she thanked the District for their
commitment to protecting open space. She said suburban sprawl is
gobbling up open space, and nowhere is it more obvious than on
the coast. The financial incentive to develop is tremendous. She
said now is the time to move ahead and urged the Board to place an
advisory vote on the November ballot. She also asked that they
establish a coastal advisory committee upon approval of the
November ballot measure. She said the coastside represents a
unique blend of rural, agricultural and urban lands, and policies
must be carefully crafted to preserve and enhance the character of
the coast. She said the process must not be rushed and must be
contingent on the results of the election; formulating policies prior
to an election seemed to be a waste of time.
C. Kozak said he would like the Board and audience to keep in
mind that what is being voted on is not eminent domain or taxing or
buying property. Rather it is the MROSD asking the citizens on the
coast if they want to come into the District. Regarding the poll, he
said considering how quiet proponents kept and considering the
general press coverage of the convent issue, he was happily
surprised to see only a 6% drop, and the general level of solid
support went up between polls.
C. Britton read the results of the poll as follows: Pescadero south—
20%yes. Half Moon Bay— 52%yes. El Granada—61%yes.
Loma Mar—501/6 yes. Montara— 55%. He had tallied the letters
received on the subject for tonight's agenda; 28 said yes and one
said no. He pointed out a letter from an East Palo Alto council
person who was in favor of the election and wanted to meet with
the District to talk about social equity regarding housing. There
will be a proposed reply in the packet next meeting. P. Siemens
said the fact that they passed a resolution on item 1 is a clear
statement of policy change already.
Vote: The motion passed 7 to 0.
Motion, P. Siemens moved that the Board authorize the budget expenditures of
$18,100 for the election expenses for this advisory measure. M. Davey
seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 3 -Consider Authorising 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
f sport R-98-90)
Meeting 98-15 Page 8
B. Crowder referred to the Ad Hoc Committee recommendations contained in the
report. C. Britton added that in their May 20 workshop they asked that staff do all
the work up to the formal decision by the Board to go forward. He said even if
they start the work now, they might not be able to finish the preliminary work
prior to the advisory vote. He said a total of$111,000 would be spent if they
approve the proposed budget transfer. He broke the costs down as follows:
$25,000 for the original poll, $8,000 for the follow-up poll, $18,000 for the
advisory election, and this proposal of$60,000. He said he understood that the
grant would cover all of those costs, if approved.
H. Haeussler said they should wait until they get approval and he thought they
were wasting money. C. Britton said staff would come back to the Board
immediately following the election and that the Board could state that if the vote is
not positive, staff should suspend any further activity until the next meeting.
N. Hanko said she felt it was important to spend what they needed to in order to
take the advisory vote to the coast. The poll was clear that the existing district is
in favor of the annexation.
Motion: M. Davey moved that the Board authorize staff to commence with
preliminary research, data collection and planning studies for a
potential San Mateo County cost annexation; and 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. P. Siemens seconded the motion. The motion passed 7 to
0.
There was a recess from 8:56-9:10 P.M.
D. Agenda Item No. 4- Authorization for the General_Manager to Execute an
Agreement to Retain Timothy C. Best. Certified Engineering T ologist. in the
Amount of$15.000 for Consulting Services on Road and Trail Repairs and
Maintenance at Puris'ma Creek Redwoods Open Space Preserve($6.000) and El
Corte de Madera Open .apace Preserve($9,000);Determination that the Proposed
Watershed Assessment Project a�tegorically Exempi from the California
Environmental Quality Act; and Authorization for the Cenral_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—(Report R-98-821.
R. Anderson noted that this proposal combined three projects. Two were in
response to storm damage(Purisima Creek Trail and ECDM). Responding to a
question about using outside consultants, R. Anderson said star has some
knowledge and experience relative to the geology but needed the best experience
they can get. He said most of Timothy Best's work has focused on logging but
they have learned a lot about road building.
Meeting 98-15 Page 9
R. Anderson said the study does pertain to trail segment 79 (Devil's Staircase) as it
pertains to sandstone and tree roots of the Douglas Fir from a maintenance
standpoint only. He said the report would have to be coordinated with planning,
but it would be desirable to consider the consultant's findings. C. Britton referred
to a memo in the FYIs from M. de Beauvieres stating that the trail system plan for
Study Area 2 will not come back to the Board until late fall.
R. Anderson said Timothy's Best's scope of work includes assessing every
segment from a maintenance and erosion control standpoint. He should be ready
to report in 60-90 days. The study is based on the official trail mileage. C. Britton
told the Board that they again would try to time it so this report will be available
when they again look at Study Area 2. He said some of this is coming out of the
FEMA budget and explained that this was the District's money that was put aside
for these repairs. They have applied for$700,000 from FEMA.
R. Anderson said Timothy Best will produce something that could be considered a
handbook or a set of standards that would be of lasting value. He said staff has
purchased the GPS units.
B. Crowder said she had a call with questions in regard to Coyote Creek Riparian
Station. J. Isaacs said CCRS uses volunteers and interns extensively and there
might be concern as to the consistentency of their data. She said this is much more
of an inventory stage, after which they might consider using a consulting agency.
They need to gather data and know what the specific questions are. She said she
feels confident with CCRS, and they are looking for long term trends. J. Isaacs
said it could not be done in a couple of months as there is a lot of land and there
are many issues.
R. Anderson said that Timothy Best seems to understand the issues regarding
bicycles.
Motion* P. Siemens moved that the Board determine that the proposed
watershed assessment project is categorically exempt from the
California Environmental Quality Act (CEQA), based on the
findings contained in the staff report; 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); and 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. J. Cyr seconded the motion. The motion passed 7
to 0.
Meeting 98-15 Page 10
E. Agenda Item No. 5- Approval of Salary Adjustment for the Controller and
Approval of Amendment to Controller's Employment Agreement—(Report R-98-
W
Motion; N. Hanko moved that the Board, as a result of their evaluation of
the Controller's performance for the period of April 1, 1997
through March 31, 1998, and the Ad Hoc Board Appointee
Evaluation Committee recommendation, approve a salary increase
to $15,000 per annum retroactive to April 1, 1998 and computer
equipment reimbursement up to $2,800; and adopt Resolution 98-
28 a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving 1998-1999 Salary
Adjustment for the Controller and Approving Amendment to
Controller Employment Agreement. D. Smernoff seconded the
motion. The motion passed 7 to 0.
G. Agenda Item No. 8—Final Adoption of an Amendment to the Use and
Management Plan for Windy Hill_ Open Space Preserve to Upgrade the Spring,
Ridue Picnic Area and install a Commemorative Bench on niversary Trail—
ftl2ort R-98861
K. Nitz said the Windy Hill sign seems to be far from where it could be seen. In
addition, a picnic table is close to the restroom and the hitching rail is next to a
table. Discussion followed regarding continuing the item until M. de Beauvieres
could be present to answer questions. C. Britton said he would not like to hold up
placement of the commemorative bench and plaque.
Motiono J. Cyr moved that the Board approve placement of the bench and
plaque.
Discussion: H. Haeussler suggested that they make sure the fence is strong
enough where the hitching rail is. He said there should be 1 lfeet of
space between the trail and the fence. Staff will contact him.
Second: D. Smernoff seconded the motion.
Amendment: Following further discussion of continuing the item, J. Cyr amended
his motion to include installation of the restroom if it arrives. D.
Smernoff seconded the amended motion.
Vote: The motion carried 7 to 0.
H. Agenda Item No. 11 - Approval of Subsequent Settlement Agreement Documents
for Proposed Acquisition of the Russian Convent of Our Lady of Vladimir,Inc.
proper Creating the Mills Creek Open Spage Preserve,Determination that the
Recommended Actions are Categorically Exempt from the California
Environmental Quality c ; Authorization for the Execution of the Real Estate
Meeting 98-15 Page I
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 Prosy Miffs
Creek Open Space Preserve; Indicate their Intention Ljpon AQQui3AWn to Dedicate
the Fee and Open Spaces Easement Portions of the Propedy as Public Open Space;
and Reaffirm Authorization for the General Manager to Enter Lnto an Agreement
for Professional Services to Seek an Alternative Site. 1112on&Quest by Russian
Convent of Our Lady of Vladimir, Inc. —CKWort R-98-89)
D. Woods presented a brief overview of the project and showed on a map how the
property is proposed to be divided. He pointed out on page 5, section B, where it
states where the auxiliary structure can be located. On page 6 under planning
conditions, it states that all density credits and development rights on all portions
of the property are being reserved to the convent's 24 acres. He referred to the
preliminary Use and Management Plan, noting that it states that the public has to
come through the convent property for now. He said the easement can be
relocated in the future, but only on slopes of less than 20% and screening would
have to be installed under certain conditions.
D. Woods said the convent will maintain the existing road structure. He pointed
out the sections that would be allowed to return to vegetation. He also pointed
out changes to recommendation 2 to include the right of first refusal and
rewording of Section 4, dedication, to be explicit that the portion of the District
property that is being purchased in fee would be dedicated as public open space
and that the open space easement would be dedicated for open space purposes.
There were other changes including the date of the Mediation Agreement(August,
1997); the Open Space Easement(exclude the provision for additional insured);
the Patrol and Maintenance Access Easement (eliminate"no less than"); the last
page(grantors, not grantees); and the two sections that address insurance that
should be omitted.
D. Woods showed the route of the monthly patrol. He said there was no specific
locations for fences but there are provisions in the Open Space Easement. He said
there is a special provision about what they would look like and some provisions
regarding privacy for the convent.
Discussion followed regarding the accuracy of the map. C. Britton said the record
of survey map will be accurate.
S. Schectman said 30 people will be allowed on each of the docent hikes.
Al Bell, 12130 Skyline Boulevard, Woodside, asked if the District had the right of
first refusal in the event the convent would sell the property or not get the permits
they want. S. Schectman said they did.
M. Williams outlined the terms of the purchase and clarified that re-authorization
Meeting 98-15 Page 12
for site relocation services was only in the event the convent requested it of the
District.
S. Schectman pointed out that at the present time it may be difficult to get a usable
trail in there but in the Settlement Agreement the Convent has pledged to work in
good faith to determine whether or not there would be an ability to bring a trail
close to their property boundary or traversing the northwest comer as long as it is
not more than 15 feet inside the property. She said this had been a long, difficult
and challenging process for both sides. She expressed her appreciation to
everyone. She said it was a team project but D. Woods had worked particularly
hard. She also thanked Lisa Zadek and Colleen Doherty, attorney for the Convent.
C. Britton acknowledged S. Schectman's efforts.
Motion: D. Smemoff moved that the Board determine that the
recommended actions are categorically exempt from the California
Environmental Quality Act as set out in the staff report. P. Siemens
seconded the motion. The motion passed 6 to 1. M. Davey voted
no and stated she would vote no on all five recommendations
because she believed this land should remain open space and should
remain part of the greenbelt along Skyline. She said she
appreciated the spirit of good will and good faith and thanked staff
for their hard work in achieving the compromise.
Motion* J. Cyr moved that the Board adopt Resolution 98-29 a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement amended to add the right
of first refusal; Authorizing Officer to Execute Certificate 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.). J.
Cyr seconded the motion. The motion passed 5-2 (Directors Davey and
Smernoffvoted no).
Motion; P. Siemens moved that the Board adopt the Preliminary Use and
Management Plan recommendations contained in the staff report, including
naming the property Mills Creek Open Space Preserve. J. Cyr seconded
the motion. The motion passed 6 to 1. M. Davey voted no.
Mot. ion: P. Siemens moved that the Board indicate their intention upon acquisition
to dedicate the portion of the District property that is being purchased in
fee as public open space and that the open space easement would be
dedicated for open space purposes . J. Cyr seconded the motion. The
motion passed 6 to 1. M. Davey voted no.
Motion: P. Siemens moved that the Board reaffirm authorization for General
Manager to enter into an agreement for professional services to seek an
Meeting 98-15 Page 13
alternative site, upon request by Russian Convent of Our Lady of Vladimir,
Inc. J. Cyr seconded the motion.
Discussion: N. Hanko said it had not come to public attention that the Board was so
strong in finding an alternate site. She said to the Convent that if they
change their mind she would be willing to find an alternate site even if it
was on District land.
Vote: The motion passed 6 to 1. M. Davey voted no.
VIII. INFORMATIONAL-REPORTS
B. Crowder attended the San Mateo County Supervisors meeting where they were
reviewing the budget for the parks department. She and M. Davey had attended Ted
Lempert's birthday party which was also a fund raiser.
C. Britton reported as follows: 1. He had a brochure called Americans for Our Heritage
from the conference in New Orleans. It provided an opportunity to join the campaign for
full funding of the land and water fund. In addition, he said there was a free Greener
California Conference at the Presidio in San Francisco on full funding sponsored by the
Trust for Public Land. 2. The FYIs contained a notice of ergonomics training on Monday
from 10-11 and Board members were welcome to attend.
M. Smith said the Windy Hill parking lot dedication ceremony is July 15 at 4:00 P.M.
C. Britton referred to H. Haeussler's question about opening the parking lot if the
undergrounding has not occurred. The District has asked Portola Valley to relieve them
of that responsibility and they are meeting tonight. They would still go ahead with the
opening celebration and are doing everything they can to get it done. S. Schectman said
she and the town attorney are going to do what they can.
IX. ADJOURNMENT
At 10:25 P.M. B. Crowder announced that the Board was adjourning to Closed Session to
continue discussion of Closed Session Agenda Items I and 2.
Roberta Wolfe
Recording Secretary
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/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. Altied
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
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--1 50.14
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
r
July 13 , 1998
JUL 14 ljjJi
f.'IDPENINSULA REGIOI;"
Board of Directors, MROSD
OPEN SPACE DIS7 E:C i
330 Distel Circle
Los Altos , CA 94022
Horse Trail entrance at Windy Hill Parking Lot on
on Portola Road
I do not know who engineered the horse trail entrance at the
mew parking lot for Windy Hill , but in my estimation it is a
disaster, as well as dangerous .
When riding north on the trail by the Sequoias entering the
new trail is relatively simple, no turns , just walk right in
on the horse. However, riding south alongside the new
parking lot, to enter the new horse trail , the horse must
make a 180 degree turn to the right. This is fine if the
horse is calm and well mannered and well trained . However,
in a hurry and with a not well controlled horse, the rider
has to pivot the horse almost on his rear haunches to make
the turn, and in passing through the posts over the two logs
could well bump the riders knees , in particular the left
knee, on the posts .
I have attached a sketch for a suggested change- in the horse
trail entrance to go through the new parking lot .
Harry H. Haeussler, Jr .
1094 Highlands
1g lands Circle
Los Altos, CA 94024
RESPONSE ACTION PROPOSED BY STAFF .
Board President AcknovledRe/Respond
Director Acknovl.dB./Respond
Staff AcknovledB./Raspand
Draft Response Attached
Staff co b• Dir.cted co P:.par• Draft
R u pona• for board Con alderaclon per
Board DSracclve(a)
No Response N.c.....F
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770 Po t c) G
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July 14, 1988 REGEIVer,)
JUL j S 199A
Board of Directors, MROSD MO)PENINSU
LA RE(`+r
330 Distel Circle OPENSp;�r. r
Los Altos , CA 04022
Windy Hill new Parking Lot
Today when riding the Portola town trail I noted that the
old trail just south of the new parking lot entrance from
Portola Road has been fenced off and a new entrance opening
in the fence to the west .
If hikers or horsemen use this new entrance to the town trail
they will almost immediately come upon two steel ground
drains .
These are dangerous to horses as their shoes could get
caught in the grills and be torn off .
Further, the drains are at the low point in the ground level
and the area surrounding them in wet weather will be soggy
and difficult for walking, and for horses .
I suggest you do two things :
1 . Put a fence around the drains .
2 . Fill the ground around the drains, on the road side of the
drains , so that there is a pathway at least four feet wide
for hikers, joggers and horsemen. Further , limb the trees
so that there is at least ten ( 10) feet of clearance for
horsemen.
Harry�. Haeussler ,Jr .
1094 Highlands Circle
Los Altos , CA 94024
copy to : Portola Valley Trails Committee
RESPONSE ACTION PROPOSED BY STAPP
Board Prealdent Ack—J.dRe/Raapond
Director Ack-1edS./Reap.,
Staff Acknov LdBa/Ru pond
XDraft Respon.. Attached
Staff to k• DSr.et.d to Prepare Draft
Rea pen.• for Board Con al d.ratlon par
Board Directive(.)
No Reepoo.. Hoc....ry
Regional Open wace
...........
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Harry llaeussler, Jr.
1094 Highlands Circle
Los Altos, CA 94024_
Dear Harry:
At their regular meeting last night, the District's Board of Directors reviewed your letters dated July
13 and July 14, regarding the equestrian-oriented improvements to the. Windy Hill Open Space
Preserve near the new parking area. Thank you for your input. Staff received your letters on July 14
and July 15, respectively, allowing finie, to monitor the situation directly, since field staff was still on-
site preparing for the dedication ceremony. Since your letters were received, additional work has
been accomplished which I believe address some of your concerns.
Field staff has already realigned the Town trail in the vicinity of the drains. I believe the date your
letter was sent is the same day that the work was accomplished. The approximately 4-foot-wide trail
has been better delineated and the overhead tree story trimmed to allow clear access through the area.
In regard to proper drainage of this trail, staff will be monitoring this trail and other new trails on the
preserve through the first winter season to ensure they are draining properly.
Staff also cleared some of the vegetation encroaching onto the Town trail near the equestrian stile,
allowing a wider area in which to maneuver the turn with a horse. While equestrians travelling
southbound along the Town's equestrian trail do need to make a sharper turn to access the preserve,
the Town trail widens out to allow turning. Staff will continue to monitor the stile, and if necessary,
revise the alignment or add another entry for southbound equestrians.
We realize you are a frequent visitor to the Windy Hill Preserve and often come upon issues of
concern to you. Rather than sending a letter to the Board of Directors and waiting for a response,
which can sometimes take several weeks, please feel free to contact our staff directly with your
concerns. You may call Mary de Beauvieres at the District office regarding planning issues such as
are outlined in your recent letters, if you so choose.
Sincerely,
Betsy Crowder, President
Board of Directors
BC:nidb
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
RESPONSE ACTION PROPOSED it STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknovledg./Respond
_ Draft Response Attached
Staff to b. Directed to Prepare Draft
Y Respon.• for Board Consideration per
Jul 6, 1998
No R.sponae Necesssrl
BOD, MROSD
330 Distel Circle
Los Altos, CA 94022
Re : Expansion to San Mateo Coast
My objections to your financing the subject expansion is
very simple.
People do not really appreciate something that is given to
them on a "silver platter" . When one has to work and strive
to obtain a particular item, the item is much more
appreciated and enjoyed.
This will be the case with the area you are anticipating
to annex. Look back on your own life, the things you worked
hardest for are the things you appreciate the most.
Let the people on in the coastal area put work, effort
and money into this proposed annexation. It was their idea.
Or is it your idea to make a bigger and larger "domain" for
you to glorify yourselves? I hope not.
How are these new additions to be taxed? In fairness, they
should be taxed at the same rate we in the present MROSD
are taxed. Will they vote for that? In my opinion, No!
Frankly, your staff is unable to handle the current workload.
Yet in lieu of hiring additional people or contractors to do
what needs being done, you are financing the coastal
peoples, and your, dream.
As a taxpayer, and user, I resent this use of taxpayers
money.
Harry HeHaeuss; ler, Jr.
RECEIVED
1094 Highlands Circle
Los Altos, CA 94024-7016 JUL 8 1998
M11,10VENINSULA REGIONAL
OPEN SPACE DISTRICT
1
J U L 1 3 1998
July 10, 1998 MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Board of Directors, MROSD
330 Distel Circle
Los Altos , CA 94022
Several years ago Ms Teena Henshaw when she was on your
board started a tradition.
The first meeting in July the Board of Directors and all
persons present stood and recited the Pledge of Allegiance.
On occasion this was led by Boy Scouts .
This last meeting , on July 8 , the first meeting in July, the
Pledge of Allegiance was not recited .
I am disappointed and appalled at your lack of patriotism.
icc
Harr? H. Haeussler, Jr.
1094 Highlands Circle
Los Altos, CA 94024
RESPONSE ACTION PROPOSED BT STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknovledge/Respond
Draft Response Attached
Staff to be Directed to Prepare Draft
Respona• for Board Con.ld erac Lon per
Board DSrec[Sve(s)
No Response Necessary
Regional OpetWace
DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Mr. Harry Haeussler, Jr.
1094 Highlands Circle
Los Altos, CA 94024-7016
Dear Harry:
Thank you for your two recent letters, dated July 6 and July 10. At last night's meeting, the
Board reviewed these letters.
We understand the concerns you raise in your July 6 letter with the District's possible
expansion to the coast in the absence of a concurrent funding measure in that area, and we agree that
any given area of the District should, in some manner, "pay its own way." However, because that
area is not currently within the District's jurisdiction, it is not possible to place a funding measure on
the ballot—the area must first be annexed and then a funding measure may be considered. The only
kind of measure the District may place on a ballot outside its own jurisdiction is advisory.
In the event that the advisory measure passes, it's likely that the Board will give great
consideration to placing a funding measure on a future ballot, to include the annexed area. Our recent
surveys have indicated that there is a high level of support within the existing District for additional
funding for both the existing jurisdiction and for the coast. That funding level, however, would likely
be no more than $10 or $12 per year, per parcel, based on the surveys. It is estimated that a funding
measure on the coastside alone would generate approximately $300,000 annually, illustrating the need
for additional funding from the entire District.
In your July 10 letter, you correctly point out that we did not recite the Pledge of Allegiance,
as is our normal custom at the meeting closest to the 4th of July. As you may know, we did so at the
July 22 meeting instead.
Thank you again for your correspondence.
Sincerely,
Betsy Crowder
President, Board of Directors
BC/mcs
cc: MROSD Board of Directors
33a'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,Miry C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
DAWN RINTALA
1505 Revelstoke Way, Sunnyvale, CA 94087 (408) 739-7609
Midpeninsula Regional Open Space District RESPONSE ACTION PROPOSED By STAFF
330 Distel Circle Board President Acknovledg*/Keopond
Director AcknovIedge/Respond
Los Altos, CA 94022-1404 Staff Acknowledge/Respond
Draft Response Attached
June 24, 1998 Staff to be Directed to ?c*p*r:.Dr::t
Response for-Board Consider&t I P
Board Directive(.)
Dear MROSD Board of Directors and Staff, No R-OP-4 Necessary
I think that El Corte de Madera should be open only to mountain cyclists.
This way I wouldn't have to slow down my bicycle or feel guilty when
hikers step aside to let me pass. However, I realize that to continue to
enjoy this area, I am going to have to compromise. A compromise is a
settlement of difference in which each side makes concessions.
My first concession is to always yield the right of way to hikers and
equestrians. This isn't as much of a concession as it is common sense
following simple logic. A horse is the least predictable factor in the
equation of horse meets bike, and a horse doesn't know what it's going
to do a moment before it does it. A hiker moves more slowly than a
cyclist, and the human body is softer than a bicycle, so I as a bicyclist
yield to hikers to prevent injury and intimidation.
To further enjoy ECdM, I promote proper trail use and good will of
cyclists by volunteering for trail building and maintenance. Even though I
work 70+ hours a week, I give up an occasional Saturday to learn about
the trails and park and efforts that go into the up keep of such a great
place. I learn and practice good technical riding skills so that I do not
skid my tires, ride or fall into plants, or scare slower riders and/or hikers.
I promote low impact usage by discouraging my friends and others from
riding when it's too wet or muddy, and encouraging them to ride well and
courteously. I pick up trash I see. I always smile, slow or stop around
hikers, I thank them when they step aside, (and step aside myself if they
don't) and I wish them a nice day.
You, the Board of Directors for MROSD, are voted in by people as
representatives of the people's interests. We, the people, are the users
of this land. We would like you to make decisions on/about/around the
use of this land based on our input and desires. It seems clear from the
actions and comments of the Board at last Wednesday's meeting that
some of the Board are not representing the people's interests, but
instead promoting their own personal agendas. RECEIVED
J U N 2 9 1998
C
One direct quote made by Betsy Crowder was "We've discussed this
adnauseam. Let's vote right now to close (ECdM) to bicycles." I can
appreciate her sense of humor, but this view is very one—sided, and
she has nothing to lose. She's not compromising.
I would like the Board to come up with solutions that are more of an
equal benefit to all users. I would like the Board to *listen* (not just
hear, but listen) to the feedback it gets. Many people in the audience
presented proposals for trails and land use that benefifted both groups
(hikers and cyclists.) There was an elderly gentleman that said "Devil's
Staircase is too dangerous for anyone to use." As a hiker, he clearly is
not interested in using this particular trail. Every cyclist in the room is
interested in using this trail. The nature of the trail provides its own
solution to the conflict: Hikers don't want to use it; cyclists do. No
more conflict here.
Which brings up another point: I don't want this person dictating to me
the limits of my abilities. I have learned to ride Devil's Staircase. It is a
great challenge and accomplishment. One of the board members
mentioned that "cyclists will be zipping down trails and running into
hikers." This is untrue. On a technical trail the average speeds are
2-5 mph. This is slower than a typical foot pace. The only place
where a cyclist can build up speed is on a fire road. If you are
concerned about cycling speed, don't take the things out of a trail that
slow a cyclist down: turns and obstacles.
I would like to conclude with this: You can't please all of the people all
of the time. But you can make an honest effort to please most of the
people most of the time. Please revaluate your proposed trail closures,
and do whatever you can to keep these trails open.
Thank you for your consideration.
e Regional Oper -,)ace AA
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE
PREPARED BY STAFF
FOR BOARD CONSIDERATION
Ms. Dawn Rintala
1505 Revelstoke Way
Sunnyvale, CA 94087-4454
Subject: El Corte de Madera Creek Open Space Preserve
Draft Trail Plan for Study Area 2
Dear Ms. Rintala:
I apologize for the delay in responding to your letter of June 24, 1998. The District's Board
of Directors reviewed your June 17, 1998 letter concerning the trail use plan for Study Area 2
at El Co
rte de Madera r k C ee Open Space Preserve at their regular meeting gn last night.
P g While El Corte de Madera Creek Open Space Preserve draft trail plan was reviewed and
discussed by the Board at their June 17, 1998 meeting, no action was taken. Instead, it was
returned to staff for additional review with a Board ad hoc committee. Your letter will be
forwarded to staff and the Ad Hoc Committee for their consideration.
Sincerely,
Betsy Crowder, President
Board of Directors
BC:mdeb:J's
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 o/Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Nanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
Regional Open S, .ice
R-98-95 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-17
July 22, 1998
AGENDA ITEM 1
AGENDA ITEM
Authorization to Solicit Bids for Site Clean-up and Restora ' n in Sierra Azul Open Space
Preserve
GENERAL MANAGER'S RECOMMENDATION
1. Determine that the recommended action is categori exempt from the Cali la
Environmental Quality Act (CEQA) as set out in this report.
2. Authorize staff to solicit bids for site clean up and restoration.
DISCUSSION
At your November 13, 1996 meeting, you authorized purchase of the 80-acre Young property,
located along Loma Prieta Ridge in Sierra Azul Open Space Preserve (see report R-96-119).
The Preliminary Use and Management Plan adopted at that time indicated that five acres and a
mobile home-style residence would be leased back to the seller for approximately six months,
after which time the District would remove the structures from the property and restore the
site.
This clean-up and restoration project consists of the demolition and removal of the mobile
home style residence, a small cinderblock stable building, and a few sections of wire fencing
from the former Young property. The contractor would also be responsible for removing
miscellaneous debris and garbage that litters the site, and would conduct a minimal amount of
grading, if necessary, to reduce erosion and restore the site to its natural condition.
Staff contracted with Building Abatement Analytics to perform a routine asbestos survey of the
trailer and outbuildings. The inspector identified approximately 200 square feet of asbestos-
contaminated linoleum that lines the trailer's kitchen and bathroom floors. This material will
have to be removed in order to obtain a demolition permit from the Bay Area Air Quality
Management District.
A total of$12,000 was allocated in the 1998-1999 fiscal year budget to complete this project.
CEQA DETERMINATION
The District concludes that this project will not have a significant effect on the environment.
It is categorically exempt from CEQA under Article 19, Sections 15301(1), 15301(4), and
15304 as follows:
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail: mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton
R-98-95 Page 2
Section 15301(l) exempts the demolition and removal of individual small structures that have
no cultural, historical, or architectural significance.
Section 15301(4) exempts the removal of accessory structures including garages, carports,
patios, swimming pools, and fences.
Section 15304 exempts grading on land with a slope of less than 10 percent, and filling of
earth into previously excavated land with material compatible with the natural features of the
site.
This site clean up project qualifies under all three sections. This project will restore the site
and help return it to its natural condition.
Prepared by:
Matthew Freeman, Open Space Planner
Contact person:
Michael C. Williams, Real Property Representative
SIERRA AZUL OPEN SPACE PRESERVE
Midpeninsula Regional Open Space District
N
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MT. UM UN H"U M AREA
I
I I
1
I 1
/1
t
PROJECT LOCATION
1 �
1[ I ll
tl
0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 f
One Mile
EXHIBIT A: SIERRA AZUL SITE CLEANUP AND RESTORATION PROJECT 7/98
Regional Open ace
R-98-99 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-17
July 22, 1998
AGENDA ITEM 2
AGENDA ITEM
Notice of Contract Completion for Windy Hill Open Space Preserve Public Access
Improvements ----
GENERAL MANAGER'S RFCOMMEIDAT�ON
t*�4�
Authorize execution of the attached Notice of Completion of Contract and Acceptance of Work
for the Public Access Improvements at Windy Hill Open Space Preserve.
DISCUSSION
At your August 27, 1997 meeting you awarded a contract to Jens Hansen Construction
Company, Inc. for the development of a 50-vehicle parking area, installation of a restroom,
landscaping fencing and gates, and other miscellaneous improvements which constitute the
public access improvements for the lower Windy Hill Open Space Preserve (see report R-97-
131). The contract was for $250,878. At your November 12, 1997 meeting you created a
10% contingency fund ($25,088) to be used for changes during construction as needed under
the authorization of the General Manager. A complete breakdown of costs, including design
and town fees, will be available at your meeting.
This project was originally anticipated to be completed in November, 1997. Winter rains
halted construction and a long, wet spring kept the contractor from returning to the worksite
until May. On July 2, District staff met with the contractor and representatives of the Town of
Portola Valley and Callander Associates to review the project. A "punch-list," or list of items
which need to be completed prior to completion of the project, was generated. On July 14,
staff again met with the contractor and representatives from the Town and Callander
Associates to conduct a final walk-through of the project. The project was deemed complete
once certain minor improvements were finished. Those items were finished prior to the
dedication ceremony held on July 15. The parking area is now open to the public.
One of the Town's original conditions of approval on the development of the parking lot is the
undergrounding of the utility lines which parallel Portola Road along the preserve boundary.
In 1996, the District entered into a cooperative agreement with the Town of Portola Valley,
Pacific Gas and Electric Company (PG&E), and Pacific Bell Telephone (PacBell) to
underground the utility lines. PG&E completed their portion of the undergrounding
approximately two years ago. PacBell has not yet completed their portion.
330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200
FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
R-98-99 Page 2
The Town Council recently considered whether to withhold final approval of the parking area,
which would include public use of the lot, pending PacBell's completion of the
undergrounding. Instead, they granted a temporary approval to open the lot upon the
condition that PacBell completes their undergrounding project by September 30. PacBell
estimates that they will complete their undergrounding project within approximately one
month, well ahead of the September 30 deadline.
Prepared by:
Mary de Beauvieres, Acting Senior Planner
Contact:
Same as above
NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF WORK
NOTICE IS HEREBY GIVEN by order of the Board of Directors of the
Midpeninsula Regional Open Space District, pursuant to State law that work to be
performed under the contract heretofore made and executed by and between the
Midpeninsula Regional Open Space District, as Owner therein and Jens Hansen
Company. Inc. as Contractor therein, bearing the date September 12. 1997 for
construction of Public Access Improvements - and appurtenant facilities upon lands
of said District known as Windy-EU Open Space Preserve situated in the
Town of Portola Valley, County of San Mateo , State of California, was
completed as called for and in the manner designated by the plans and specifications
by the said Contractor, on the 14th day of July, 1998
Upon said contract, Star Insurance Company was surety on the bond
given by said Jens Hansen Company the said Contractor, as required by law.
That the title of said District to the real property upon which said work and
contract was performed is that of fee title
That the address of said Midpeninsula Regional Open Space District is 330
Distel Circle, Los Altos, CA 94022 .
IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made
and given on the 22nd day of July. 1998 , authorizing and directing the
execution of this instrument, the said District has caused these presents to be
executed in its name, authenticated by the signature the President of the said Board
of Directors this 22nd day of July, 1998
I CERTIFY, under penalty of perjury that the foregoing is true and correct.
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Betsy Crowder, President
Dated:
Signed in Los Altos, California
R(�(-;ional Open S,,.ice
MIDPENINSULA REGIONA
R-98-98
Meeting 98-17 L OPEN SPACE DISTRICT
July 22, 1998
AGENDA ITEM 3
AGENDA ITEM
Approval to Retain the Law Firm of Irvine and Cooper to Represent the District in the
Following Litigation at an Amount Not to Exceed $20,000: Midpeninsula Regional Open
Space District v. Esperson-Rodrigues Development Company and Midpeninsula Regional
Open Space District v. Ireland
DISTRICT LEGAL COUNSEL'S RECOMMENDATION VA"
Authorize the General Manager to execute the attached Retainer Agreement with the law firm
of Irvine and Cooper in an amount not to exceed $20,000 for legal services in connection with
the following lawsuits: Midpeninsula Regional Open Space District v. Esperson-Rodrigues
Development Company and Midpeninsula Regional Open Space District v. Ireland.
DISCUSSION
Earlier this year, the Board authorized the filing of two law suits to protect public property
owned by the District which had been damaged by encroachments. The lawsuits pertain to the
following matters and District preserves:
Thornewood Q= Space Preserve -- Midpeninsula Regional Q= Space District v. F.S=son-
Rodriguez Development Compmy
A private development company constructing a home at 1391 La Honda Road entered the
adjacent Thomewood Preserve, graded district land and cut down at least twelve mature trees.
The grading requires the restoration of the site as well as a revegetation plan to restore the area
with native vegetation. In addition, the District, on behalf of the public, is seeking
compensation for the value of the lost trees. The Town of Woodside has also been concerned
about this particular development and has imposed various restoration conditions upon the
construction for on-site and off-site impacts. The parties have been served with the lawsuit
and we are awaiting a response. The District's arborist estimates the value of the lost trees as
approximately $100,000.
Sierra Azul Q= Space Preserve -- Midpeninsula Regional Q= Space District v. Ireland
The District holds an open space and conservation easement over a portion of the property
located at 15299 Kennedy Road near Los Gatos. The District received these easements as part
of a land exchange with the property owner. The suit alleges that the property owner has
violated the terms of these easements, and has constructed a large gazebo structure which
encroaches onto the open space easement held by the District on behalf of the public. The suit
seeks the removal of this encroachment.
330 Distel Circle - Los Altos,CA 94022-1404 Phone:650-691-]200
FAX:650-691-0485 - E-mail: mrosd@opetispace.org Web site:www.openspace.org
Board of Oire(tors:Pete Sieniens,Mary C.Davey,Jed Cyr, David F.Suiernoff,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz - General Manager.L.Craig Britton
R-98-98 Page 2
District Legal Counsel interviewed various law firms who specialize in this type of litigation in
order to develop a co-counsel relationship in which the firm would work with District Legal
Counsel to prosecute these suits. It is my recommendation that you retain the firm of Irvine
and Cooper for these suits, as this firm is highly qualified to provide these legal services.
Perry Irvine is on the Board of Legal Counselors for Peninsula Open Space Trust. He is an
experienced litigator and has been very cooperative in working with District Counsel on these
matters to date. District staff has worked with Mr. Irvine in the past and been very satisfied
with his expertise, vigorous and effective representation, and professionalism.
The sum of$20,000 has been budgeted in Operations to cover the initial cost of these lawsuits.
Approximately $8,000 has been spent to date in the preparation, filing and service of these two
suits which is within the General Manager's authority. (The sum of$20,000 requested in this
report includes this sum previously authorized.) It is anticipated that these matters can be
handled within the additional authorization requested tonight, but that will depend on whether
the defendants are cooperative or whether they require the District to engage in extensive
discovery disputes and motions. It is of course Counsel's goal to resolve these matters as
quickly as possible in a cost-effective manner, consistent with the protection and restoration of
these public areas and with a just result.
We are requesting that the firm be authorized to provide services in a total amount not to
exceed $20,000. Further expenditures would require additional approval from the Board.
Prepared by:
Susan Schectman, District Legal Counsel
Contact Person:
Same as above
LAW OFFICES
IRVINE & COOPER
635 BRYANT STREET
PALO ALTO, CALIFORNIA 943 01-2 5 0 2 TELEPHONE
t6SO1 328-3001
PERRY A. IRVINE, P.G. FAX
DAVIO L. COOPER, P.C. (6S0) 328-2934
ATTORNEY-CLIENT FEE CONTRACT E-MAIL irvine_cooper(mcompuservecom
This ATTORNEY-CLIENT FEE CONTRACT ("Contract") is entered into by and between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("Client") and IRVINE & COOPER
("Attorney").
1. CONDITIONS. This Contract will not take effect, and Attorney will have no obligation to
provide legal services, until Client returns a signed copy of this Contract.
2. SCOPE AND DUTIES. Client hires Attorney to provide legal services in connection with its
various cases. Attorney shall provide those legal services reasonably required to represent Client, and shall
take reasonable steps to keep Client informed of progress and to respond to Client's inquiries. Client shall
cooperate with and keep Attorney informed of developments,pay Attorney's bills on time and keep Attorney
advised of Client's address and telephone number.
3. LEGAL FEES. Client agrees to pay for legal services at the following rates: Perry A. Irvine -
$250/hour;David L. Cooper-$225/hour;associates-$1504125/hour;law clerks-$65/hour; and paralegal -
$65/hour. Attorney charges in minimumm units of.I hours. These hourly rates will remain in effect for not
less than one year. If, at the end of a year or thereafter, our normal rates have been increased, we reserve
the right to increase the rates charged to you to that rate, or to some intermediate figure.
4. COSTS AND EXPENSES. In addition to paying legal fees, Client shall reimburse Attorney for
all costs and expenses incurred by Attorney, including, but not limited to, process servers' fees, fees fixed
b law or assessed b courts or other agencies,court reporters' fees long distance telephone calls messenger
Y Y ,g P g ,P g
and other delivery fees, postage, Federal Express and FAX transmission charges, computer aided legal and
factual research charges, extraordinary clerical services, in-office photocopying at $ .20 per page, parking,
investigation expenses, consultants' fees, expert witness fees and other similar items. Client authorizes
Attorneyto incur all reasonable costs and t o hire any investigators, consultants or expert witnesses
reasonably necessary in Attorney's judgment, unless one or both of the clauses below are initialed by Client
and Attorney.
Attorney shall obtain Client's consent before incurring any
cost in excess of$
X Attorney shall obtain Client's consent before retaining outside
investigators, consultants, or expert witnesses.
5. STATEMENTS AND PAYMENTS. Attorney shall send Client periodic statements for fees
and costs incurred. Client shall pay Attorney's statements in full within thirty (30 days s after each
statement's date. The
reafter, a late payment charge will be payable on the unpaid balance at the rate often
percent(10%)per annum. Client may request a statement at intervals of no less than 30 days. UP on Client's
request Att
orney orney will s.provide a statement within 10 days.Y
6. LIEN. Client hereby grants Attorney a lien on any and all claims or causes of action that are the
subject of Attorney's representation under this Contract. Attorney's lien will be for any sums due and owing
to Attorney at the conclusion of Attorney's services. The lien will attach to any recovery client may obtain,
whether by arbitration award,judgment, settlement or otherwise.
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may withdraw with Client's consent or for good cause. Good cause includes Client's breach of this Contract,
Client's refusal to cooperate with Attorney or to follow Attorney's advice on a material matter or any other
fact or circumstance that would render Attorney's continuing representation unlawful or unethical.
8. CONCLUSION OF SERVICES. When Attorney's services conclude, all unpaid charges shall
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statements to Client should be construed as a promise or guarantee by Attorney about the outcome of
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10. INSURANCE. Attorney maintains errors and omissions insurance applicable to the services
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The date at the beginning of this Contract is for reference only. Even if this Contract does not take effect,
Client will be obligated to pay Attorney the reasonable value of any services Attorney may have performed
for Client.
"Attorney"
IRVINE & COOPER
Dated: By'
P RRY A. I VINE
"Client"
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Dated: By
L. CRAIG BRITTON, General Manager
Address:
Telephone:
Regional Open S, -ice
Meeting 98-17 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 22, 1998
AGENDA ITEM 4
AGENDA ITEM
Request for Approval to File Amicus Curaie Letter and/or Brief in Support of the Position of the City of
Livermore in the Case of Patterson v. City of LivermoreConcerning Public Agency Immunity From Liability for
Mountain Bicycling Accidents
DISTRICT LEGAL COUNSEL'S RECOMMENDATION
Approve the filing of a letter or brief as an amicus curaie in support of the City of Livermore in the case of
Patterson v. City of Livermore in the Supreme Court of California.
DISCUSSION
The City of Livermore has requested the Midpeninsula Regional Open Space District to assist its efforts to appeal a
recent appellate court decision concerning liability for bicycle accidents on public land. Since the District was the
primary agency which sponsored AB 700, the legislation which classified mountain bicycling as a hazardous
recreational activity subject to special immunities, counsel for Livermore believes that a friend of the court letter or
brief from the District will be effective in explaining the purpose and intent of that legislation.
A copy of the appellate opinion is attached. The case concerns the definition of"mountain bicycling." The
plaintiff was injured when he rode off a paved trail onto an adjacent area which contained a jumping ramp. The
court defined the sport, and hence the immunity, as limited to "riding a mountain bicycle on mountainous or steep
terrain at a high speed." Since the plaintiff was not riding on steep terrain, the Court held the immunity did not
apply.
This definition is overly restrictive and could deprive public agencies of this immunity in many situations. Much of
the mountain bicycling that occurs on District land occurs on flatter, broader trails. Moreover, the District has
speed limits and radar programs specifically to discourage bicycling at a high rate of speed. If this restrictive
definition stands, this immunity could be lost in the most frequent types of mountain bicycle use on District lands.
The parties will be asking the Supreme Court in a letter to either accept the case for review and reversal, or, in the
alternative, to order that the appellate opinion be "depublished" so that it is not a formal legal precedent and cannot
be cited in any other litigation.
District Legal Counsel can prepare an amicus letter very quickly. If the case is accepted for review, District Legal
Counsel,joining with other interested amicus groups such as East Bay Regional Park District, requests permission
to file an amicus brief in support of reversal of this decision. Staff is also contacting the International Mountain
Bicycling Association to request their consideration of filing a letter in support of Livermore as well.
Please note that this case concerns the "hazardous recreation'immunity only. It does=affect the broad
immunity public agencies still have for any injuries to recreational users of any District trails and the immunity for
injuries caused by a totally natural condition of public land.
Prepared by
Susan M. Schectman, District Legal Counsel
Contact Person:
Same as above
3 30 Distel Circle - Los Altos, CA 94022-1404 * Phone:650-691-1200
FAX:650-691-0485 - E-mail:rTirosd@operispa(-e.org - Web site:www.openspace.org
13o,irdof Directors:Pete Siemens,Mary C. Davey,Jed Cyr.David 1.Saiernoff,Norrette Hanko,Betsy Crowder, Kenneth C. Nitz - GerreralManager:L.Craig Britton
DAILY OPINION SERVICE May 29, 1998 C rnia Courts of Appeal 4029
plaint included the allegation that: "Neither Plaintiff's bicycle,
clothing,and equipment, nor his intentions, skills,training,ability,
California Courts of Appeal expectations,or activities included in any aspect,manner,or design,
any of the elements of any hazardous bicycling activity whatsoever,
including,but not limited to bicycle racing,jumping, mountain bi-
Cite as 98 C.D.O.S.4029 cycling,or`BMX'activity,whether within the meaning of Govern-
ment Code Section or otherwise:' It further alleged that
Patterson had no knowledge of the existence of the bicycle jumping
Appellant, obstacle course on the flat dirt area adjacent to the paved path,and
V. "without any expectation of encountering any risk inherent in the
CITY OF LIVERMORE Defendant and sports of bicycle racing,bicycle jumping, BMX activity,mountain
bicycling, or other hazardous activity within the meaning of Gov-
Respondent. emment Code Section 831.7 (c)or otherwise, came unexpectedly
upon the aforesaid `suicide pit'. .."
No.A079918 The city again demurred,on the grounds that the facts alleged es-
In the Court of Appeal of the State of California tablished,as a matter of law,that Patterson was"mountain biking,"
First Appellate District and that the first amended complaint failed to allege facts, as op-
Division establishing an exception to that immunity.
III Division One posed to conclusions, g y p h'
Super.Ct.No.V-012881-4) This time,the court sustained the demurrer without leave to amend,
Superior Court,Alameda County,Honorable George Hernandez and Patterson filed a notice of appeal.2
COUNSEL ANALYSIS
Montgomery L.Patterson,for Appellant The Government Tort Claims Act (Gov. Code,' §§ 8107935.7)
Andrea J. Saltzman,Clifford F. Campbell, Meyers, Nave, Rib- provides that a public entity may be liable for injury caused by a
ack,Silver&Wilson,for Respondent dangerous condition of public property,if the public entity had:ac
Filed May 27, 1998 tual or constructive notice of the condition a sufficient time prior tO
the injury to have taken protective measures. (§§ 830,835,83�. ,
Montgomery L.Patterson appeals from a judgment entered in fa- However,section 831.7 specifies that a public entity is not'liable to
vor of the City of Livermore (City)after the court sustained a de- any person who participates in a hazardous recreational activity` for
murrer to his first amended complaint without leave to amend,on injuries arising out of that activity.Section 831.7 defines a'
`hazard-
the ground that the facts alleged established that appellant was en- ous recreational activity"as an activity"which creates a subs 1m al
gaged in"mountain biking"when he was injured on land owned by (as distinguished from a minor,trivial,or insignificant)risk„oJnju-
the City,and therefore the City was immune from liability pursuant ry to a participant or spectator."(§831.7,subd.(b).)Section 3i,7
to Government Code section 831.7. also contains a non-exclusive list of activities which the Legislature
FACTS deems to constitute "hazardous recreational activity."Taus last in-
On January 22, 1997, Patterson filed a complaint for damages eludes"bicycle racing or jumping,mountain bicycling "At the
against the City. The complaint alleged that, on April 29, 1996, end of the list of many other hazardous recreational activities,the
Patterson was riding "an ordinary ten speed bicycle" on a paved Legislature added:"For purposes of this subdivision,"mountain bi-
path at a speed of"approximately 3 miles an hour."The complaint cycling"does not include riding a bicycle on paved pathways,road-
alleged that Patterson was unaware that the area adjacent to the path ways or sidewalks:'(§831.7,subd.(b)(3).)
"had been changed from its natural condition and converted to an The dispositive issue in this appeal is whether the allegations of
advanced bike jumping obstacle course consisting in part of a the complaint established,as a matter of law,that appellant was in-
smooth and gradual dirt incline,on the opposite side of which was jured while engaged in the hazardous recreational activity iof
a pit approximately 4 feet deep,known to local juveniles as`the sui- `mountain bicycling."(Acosta v Los Angeles Unified Schpol ist.
tide pit[.]'"Patterson turned off the path onto a"flat dirt area,and (1995)31 Cal.App.4th 471;Yarber v Oakland Unified Scho41 sp '
approached an incline" that turned out to be the approach to the (1992)4 Cal.App.4th 1516[question whether plaintiff engagedtn g
"suicide pit:'He was"unable to stop in sufficient time to avoid the hazardous recreational activity may be question of fact,bti *ll,
hazard,and his front wheel lodged into the bottom of the pit,cata- facts are undisputed it is a question of law].)For purposes pour re-
pulting him headfirst over the handlebars,slamming him down onto view we must accept as true all material facts alleged in"three"tit
the ground and upon his right elbow,shattering the head of the radi- plaint,except for argumentative allegations,4 or conclusions of,law.`;
us"The complaint further alleged that the City had actual and con- (Blank v Kirwan(1985)39 Cal.3d 311,318;Sklar v.Franchise Tax
structive notice of the existence of the advanced bicycle jumping Board(1986) 185 Cal.App.3d 616,621.) , i'
obstacle course on its property because, approximately one month The complaint alleged that appellant was riding an"ordinary2-
before Patterson was injured,a minor named David Balemi was in- cycle at approximately three miles an hour on a paved path + err
jured while riding on the obstacle course. The city's vice mayor, he veered off the path onto an adjacent"flat dirt area"and�u a
who lives near the site of the bicycle jumping course,obtained am gradual incline,which,unbeknownst to him,was a Jump raM
bulance assistance for Balemi. Based upon the foregoing facts the was unable to stop before he fell into.the "suicide pit",
complaint alleged causes of action for negligence, failure to warn, court interpreted section 831.7,subdivision(b)(3)to define
third-party premises liability,and nuisance. tain bicycling"as any bicycle riding on an unpaved surface Ittfe-
The City demurred to the first three causes of action on the fore held that the allegation that appellant had veered off t ath
ground that Patterson was"mountain biking" and it therefore was established, as a matter of law, that appellant was injure IftVv]>i e
immune from liability pursuant to Government Code section 831.7.1 "mountain bicycling," and that the immunity set forth in se Lion
The court sustained the demurrer, finding that, as a matter of law, 831.7 applied to all the alleged causes of action.Appellant 60�ts
Patterson was engaged in "mountain biking,"one of the activities that the activity alleged in his complaint does not,on its t "
listed in section 831.7, but granted leave to amend to allege facts stitute"mountain bicycling"because it alleges that lie was
"sufficient to establish that some exception to immunity as defined ordinary ten-speed bicycle on a flat dirt area at a leisurely pit
[by]...subdivision(c)of Government Code Section 831.7 applies
to his case." 2.The appeal was prematurely filed from the order sustaining the'detnnrtei,
Patterson filed a first amended complaint. The amended com- fore judgment was entered,but we exercise our discretion to judicially notice the judg-
ment subsequently entered. (See Gianuui v. State of California 17
1.The City also demurred to the nuisance causes of action on various grounds, Cal.AppAth 462,464,fn.2.) '
including failure to allege special injury,or that the nuisance affected the enjoyment 3.All subsequent statutory references are to the Government Code unle$s prier
of Patterson's own property.The demurrer was sustained with leave to amend,but wise indicated. =,t
Patterson merely restated the nuisance cause of action in his first amended complaint 4.For example,the allegations of the first amended complaint that cippe
without amending it.On appeal he challenges the court's ruling on immunity,but not not engaged,in mountain bicycling fall into the category of argumentative ale"
its ruling that he failed to allege essential elements of a cause of action for negligence. and must be disregarded if the facts alleged are to the contrary. i
`r'�s
1
•4030 California Courts of Appeal May 29, 1998 CALIFORNU
trial court relied solely upon the factual allegation that appellant was bicycle on paved pathways,roadways or sidewalks"(§831.7,subd.
riding on an unpaved surface when he was injured to establish as a (b)(3).)The court interpreted this exclusion to define,by inverse im-
matter of law that he was"mountain bicycling"Thus,we must de- plication, mountain bicycling as any bicycling riding on unpaved
cide whether the court correctly interpreted section 831.7,subdivi- surfaces.This interpretation is not consistent with the plain mean-
sion (b)(3) to define "mountain biking" as any bicycling on an ing of the statutory reference to"mountain bicycling"because it ef-
unpaved surface. fectively eliminates the modifier"mountain" and substitutes for it
"In determining the meaning of a statute, we are guided by the "off-pavement"or"off-road"If the Legislature intended to desig-,
following principles: Our first task in construing a statute is to as- nate any bicycling on an unpaved surface a hazardous recreational
certain the intent a the Legislature as to effectuate the purpose activity, it would likely not even have listed mountain bicycling,
of the law.In determining such intent,a court must look first to the which is a narrower distinct sport.It could simply have listed bcy-
words of the statute themselves,giving to the language its usual and cling on unpaved surfaces,or"off-road"bicycling.Instead,it used
import. . . .The words of the statute must be construed in words of exclusion to define only an activity not included iri the
ordinary po
mind the statutory purpose,and statutes or stat- sport of"mountain biking" t ..
context,keeping in m ry p
utory sections relating to the same subject must be harmonized,both Although we base our construction of section language,
t the com-
internally and with each other,to the extent possible.Where uncer- mon usage and understanding of the statutory language,the le19, ,
ment to section 831.7 which, in 1Q95,
'v history of the amend ,,
s that tie
o the co rise uence rY
lain exists,consideration should be given t q
'v'ties also lends so '
ty
flow from a articular interpretation.Both the legislative histo- added"mountain bicycling"to the list of activities, ,,*, e
will rP
P
ry of the statute and the wider historical circumstance of its enact- support to our conclusion that the Legislature did not use"moun
ment may be considered in ascertaining the legislative intent." bicycling"to refer to any bicycling on unpaved surfaces.One lard-
(Central Pathology Service Medical Clinic, Inc. v Superior Court ment in favor of adding"mountain bicycling"to the list of"hazard-
[Los Angeles] (1992) 3 CalAth 181, 186-187, internal quotation ous recreational activities, stated: "Due to the speed of[mount4n)
marks and citations omitted.) bicycles on rough terrain,the regularity and increasing incidence of
The general legislative purpose in enacting section 831.7 was to solo bicycle accidents,.. .and the desire by many riders to achieYe
provide public entities with a qualified immunity similar to that pro- a high speed on very steep trails,this is an inherently dangerous c
vided by the existing law in 1983 to private property owners who tivity" (Assem. Policy Com.Analysis,Assent. Com. on Judi�tilry
permit people to enter or use their land for recreational purposes. regarding Assem.Bill No.700 dated April 19, 1995.)This descnp
Under then existing law private property owners owed no duty to tion of mountain bicycling is much narrower than the definitot;the
keep land safe or warn of dangerous conditions unless,among other City advances, i.e., any bicycling on an unpaved surface.We',coni
things,the owner willfully or maliciously failed to warn of a dan- clude that the fact that appellant was riding a bicycle on an unp,
gerous condition.(Iverson v.Muroc Unified School Dist. (1995)32 surface does not,as a matter of law,establish that was he mquntaul
Cal.AppAth 218,225-226.)The purpose of the non-exclusive list of bicycling:' t i
specific hazardous recreational activities is to allow the public entity The City suggests that even if the activity alleged in the,`; [st
to assert this qualified immunity without requiring a determination amended complaint does not,as a matter of law,constitute ou -
that the activity"creates a substantial(as distinguished from a mi- tain bicycling,"it constitutes"bicycle jumping;'because it alf",I ,
nor,trivial,or insignificant)risk of injury to a participant or specta- appellant was injured while riding up a ramp on a bicycle Iut PT-3
tor,"when the plaintiff is injured while engaging in a listed activity. course.The difficulty with this argument is that the complaint al
(§831.7,subd.(b).)Even if the recreational activity is not listed,the es that appellant was unaware that he had ridden onto an adva
qualified immunity is nevertheless available to the public entity if it bicycle obstacle course, and unaware that the"gradual incliitsh
is determined that the activity creates a"substantial...risk of inju- rode up was designed as a jump.The City,in reliance upok!,ers6
ry„(§ v.Muroc Unified School Dist.,supra,32 Cal.AppAth 218,2�2 ,
831.7,subd.(b).)
With the general legislative purpose in mind,we turn to the spe- argues that it makes no difference whether appellant intended',to
cific question whether section 831.7 defines"mountain bicycling" bicycle jumping,or unwittingly rode up the incline and
as any bicycling on an unpaved surface.Looking first to the words gues that if he fell while riding up a ramp to a bicycle jump,,. aS.
of section 831.7,it lists three types of bicycling in the list of"haz- bicycle jumping. Iverson concerned the very'different 9 n
ardous recreational activities":bicycle racing,bicycle jumping,and whether a participant in required physical education classes
mountain biking. (§ 831.7, subd. (b)(3).) "Bicycle racing" would gaged in"recreational"activities.The court held only that t"tn
commonly be understood to involve high speed competitions utory phrase " `voluntarily in the place of risk' " applies,ttjyttti
against other riders,or a clock,usually on lightweight bicycles de- spectators,and did not therefore dispose of the questio 11 n�w t]telt a
signed to enhance speed. "Bicycle jumping" is commonly under- participant in compulsory sports is engaging in"recreational,!lac
-
signed to involve the use of small-frame bikes also know as motor- tivity. (Ibid.) #.
cross bicycles,or"BMX"bicycles,for jumping and riding obstacle Nevertheless,as a matter of fact,it is difficult to concervg of} w
courses. (See also Branco v. Kearney Moto Park, inc. (1995) 37 appellant could not have been aware that the"incline"he rodln
Cal.AppAth 184 [describing the sport of BMX cycling].)"Moun-
tain bicycling"commonly connotes riding bicycles with wide nub- surrounding circumstances,including the physical attributo',
by tires designed for off-road use,at high speeds,on mountainous site,would objectively indicate to a reasonable person that ik
or steep terrain.Any other bicycling activities not described by these bicycle jumping course,or that the"gradual incline"was act uatl art
three categories does not constitute a"hazardous recreational activ- artificially constructed jumping ramp, appellant cannot rely onxhI'
ity,"unless the particular facts establish that it is an activity"which unreasonable subjective lack of intent to bicycle jump,as a bas]s,for
creates a substantial(as distinguished from a minor,trivial,or insig- avoiding application of the immunity.6 It is premature,however,to
nificant)risk of injury to a participant or spectator."(§831.7,subd. decide based upon the allegations of the complaint that he was,,q�a
(b)) matter of law,bicycle jumpmg.t
The bicycling activity alleged in the original and first amended The City also suggests that allegations of the complaint e11
sta tsh
complaint does not fit the plain and common usage of the term the applicability of section 831.4,which, in relevant part,pip
"mountain bicycling,"because appellant was not riding a mountain immunity for public entities from injuries incurred on i
bicycle on mountainous or steep terrain,at high speeds The court, roads which provide access to certain activities including ve, l i'
nevertheless relied on the following language to conclude that,as a �
6
matter of law, appellant was"mountain biking": "For purposes of 6.This would be akin to a person,who puts on skis and stands at the head f ski
this subdivision, ` "mountain bicycling" `does not include riding a trail,and begins to slide down it,contending he was not"skiing"because he did hot
intend to go down the hill. `;,m�
5.The fact that appellant was not riding a mountain bicycle is not,of course,dis- 7.The city argues that the complaint has been carefully drafted to avoid apphca-
positive of the question whether appellant was"mountain bicycling."Appellant's con- tion of any governmental immunity on demurrer.The solution is not for this court to
tention is that the fact that he was riding on an unpaved surface does not establish,as unjustifiably expand the statutory definition of mountain bicycling,or to apsculgte
a mater of law that he was"mountain bicycling:'and that none of the other facts al- about facts outside the allegations of the complaint,but rather for the City to t
teged,including the type of bicycle,and how he was riding it,i.e.,at a leisurely pace self of the summary judgment procedure that is designed to"pierce the pl itigt,
on flat terrain,establish that he was"mountain bicycling"as a matter of law, and identify whether there is any substance to the allegations. ;i ii tx
' 'DAILY OPINION SERVICE May 29, 1998 C: nia Courts of Appeal 4031
riding or recreational areas, and any trail, paved or unpaved, used
for the same purposes.(SeeArmenio v County of San Mateo(1994) Cite as 98 C.D.O.S.4031
28 Cal.App.4th 413.)The complaint however, specifically alleges
that appellant had veered off the paved path and onto a flat dirt area LEO NORGART, Individually and as
when he was injured.It contains no allegation that appellant was on Administrator,etc.,et al., Plaintiffs and
an unpaved road, path or trail when he was injured.The allegation Appellants,
that he was riding up a"gradual incline"cannot reasonably be con- ppe ,
strued to describe a "trail"Therefore, the allegations of the com- V.
plaint simply do not support the application of the immunity UPJOIiN COMPANY Defendant and
established by section 831.4 on demurrer.
The court did,however,correctly sustain the demurrer to the al- Respondent.
legations of the first amended complaint seeking to invoke the ex-
ception to the qualified immunity that applies "where the public No.A076401
entity fails 'to guard or warn of a known dangerous condition . . . In the Court of Appeal of the State of California
that is not reasonably assumed by the participant as inherently a part (Super.Ct.No. 193265)
of the hazardous recreational activity out of which the damage or in- Sonoma County Trial Court,Lawrence K.Sawyer
jury arose."`(Delrto v. State of California(1988)202 Cal.App.3d COUNSEL
264, 271-272; § 831.7, subd. (c)(1).)The first amended complaint Peter Ticktin and Appellants,Caron Speas,for Plaintiffs
did not allege any facts to support the conclusion that falling off the Michael F. Healy, and Respondent, Frederick D. Baker, Sedg-"
ramp into a pit is not a risk reasonably assumed by a participant in wick,Detert,Moran&Arnold,for Defendant
mountain bicycling or bicycle jumping.Instead,it merely alleged in Filed May 27, 1998 ;i e, ?
conclusory fashion that the "site presented risks to ordinary bicy-
clists,bicycle racers,and to mountain bicyclists which were not in- Leo and Phyllis Norgart (the Norgarts) appeal from summary,,
herent risks of those activities," and that appellant rode onto it judgment in favor of respondent Upjohn Company(Upjohn)irn fti&`
"without any expectation of encountering any risk inherent in the action for the wrongful death of their daughter. The Norgaits"tre•".
sports of bicycle racing,bicycle jumping,BMX activity, mountain the parents of Kristi Norgart McBride(Kristi),who committed
bicycling, or other hazardous activity within the meaning of Gov- cide in October 1985. Six years later, on October 16, 1991,8they
ernment Code Section 831.7(c). .. " filed suit against Upjohn on a product liability theory,2 claitnitig that"
The question,for the purpose of applying this exception,is not side effects of Upjohn's manufactured sleep medication'Haldori.`
"what the particular plaintiff before the court did or did not assume caused their daughter to become depressed and ultimately dralre 1 r':
about the nature of the activity or the risk involved.Rather,the scat- to commit suicide.Upjohn,relying on the holding in Bristol.Myers.,
ute refers to the reasonable assumption of the public generally(i.e., Squibb Co. v. Superior Court(1995)32 Cal.App.4th 959(B tl( }t
what a reasonable participant would assume to be inherent in the ac- Myers) sought summary judgment against the.Norgarts"`gin
tivity).. . . [A]plaintiff's knowledge of any particular risks is irrel- ground that the statute of limitations barred their suitbecat"isi r
evant"(Perez v. City of Los Angeles(1994)27 Cal.App.4th 1380, begun to run more than one year prior to the filing of the ach y
1387.)The risk of not making a jump successfully, and falling, is When the Norgarts first suspected that someone's`negligeticeuw}m
"reasonably assumed"by a participant in the sport of bicycle jump- caused their daughter's suicide, even if they could not"identilfy they
negligent '
ing. Similarly, the risk of encountering unexpected changes in ele- g gent act or omission or the wrongdoer at the time.The Sorg ,
vation of terrain, whether natural or unnatural, is inherent in the contended,in contrast,that the statute of limitations did not''bettt to ;
sport of mountain bicycling.(See Perez v. City of Los Angeles, su- run until they first suspected or reasonably should have sus "
pra,27 Cal.AppAth 1380[participant in tree rope swinging reason- Halcion's role in causing their daughter's death, regacdies
ably assumes risk that one may fall down from a greater height than whether they had earlier suspicions of specific but urini
the starting point even if participant unaware of steep drop off ative acts of wrongdoing,namely Kristi's husband's phjxsic.`
ledge].)We therefore uphold the order sustaining the demurrer to of her and her psychiatrist's failure to treat her depressrgn,.
the first amended complaint to the extent it held that appellant failed drug lithium.Thus the issue before us is,where separate*
to allege facts establishing that the exception set forth in section acts of wrongdoing by different parties concur to cause al w
831.7,subdivision(c)(1)applies if the activity alleged in the com- injury,does a cause of action against party for a'particul"
plaint is found to constitute a"hazardous recreational activity." wrongdoing accrue and thus the statute of limitations com
CONCLUSION run(1)when the plaintiff suspects or reasonably shouldsuspe tltattt`
The judgment is reversed,and the matter is remanded for further someone's wrongdoing caused the injury, or only (2):wh
proceedings consistent with the view expressed in this opinion. plaintiff suspects or reasonably should suspect that the sp�t*i
Each party to bear its own costs. wrongdoing for which the party is allegedly liable caused then
Stein,J. In this case we hold(contrary to Bristol-Myers)where
We concur:Strankman,P.J.,and Dossee,J. and distinct acts or omissions concur in causing injury,ti cau
action does not accrue and thus the statute of limitations N"n"
not commence with respect to a potential defendant until thblat `,
tiff suspects or should suspect that the injury was caused by tl
cific wrongdoing for which that party is allegedly liable.r�
Norgarts'cause of action against Upjohn did not accrue;atd1tlitta
the statute of limitations did not begin to run on their claim aganikt*'_; ,
Upjohn,until the Norgarts first suspected or reasonably should "". "
suspected that Halcion caused their loss.Because Upjohn
sustain its burden of producing sufficient evidence to estab,S,
the Norgarts first suspected or should have suspected that°
caused their daughter to commit suicide more than one year kie
they filed suit,summary judgment in favor of Upjohn based' e ,
statute of limitations is error.
FACTUAL AND PROCEDURAL BACKGROUND
On October 16, 1985, the Norgarts'daughter Kristi committed .
1.They also assert their daughter's claim to recover certain minimal economu '.
damages. '
2.The operative complaint is based upon theories of negligence.strici lilwlij.14 '
fraud and conspiracy to commit fraud.
Regional Open Sr.ice
1
Mrr• ti..rr ti� �....
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-96
Meeting 98-17
July 22, 1998
AGENDA ITEM 5
AGENDA ITEM
Cancellation of August 26, 1998 Regular Meeting
GE.NERAI. MANAGER'S RECOMMENDATION
Cancel your August 26, 1998 Regular Meeting.
DISCUSSION
I recommend that you cancel the August 26, 1998 Regular Meeting because of an unusually
small agenda and the anticipated absence of many key staff members due to approved
vacations. Agenda items that would have been presented at the August 26 meeting have been
placed on the August 12 agenda or will be placed on the September 9 agenda.
Prepared by:
Deirdre Dolan, District Clerk
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
Claims No. B8-14
Meeting 98-17
Date: July 22+EG1. 1QQ8
Revised
' K8|[3PEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4454 399.86 Acme & Sons Sanitation Sanitation Services
4455 57.72 Alamo Lighting Light Bulbs
� 4456 1.000.00 °1 All-Cal Title Company Acquisition Deposit
!
4457 479.88 All Laser Service Laser Cartridges
4458 1'500.00 Appraisal Research Corporation Appraisal Services
4459 11.93 AT & T Telephone Services
4460 2'438.00 BNY Western Trust Company Note Paying Agent Fees
4481 173.20 Baron Welding & Iron Works, Inc. Signs
4462 50.06 Barron Park Supply Co. Water System Supplies
4463 25.00 Bay Area Air Quality Management District Fuel Nozzle Permit
4464 109.07 Brenton Safety, Inc. Safety Supplies
4485 2'535.00 Louis Bordi General Engineering Grading Services
4466 5'464.00 Brion KongaoFou|k Drainage Study Consultants-Teague Hill
4467 525.00 Jane Buxton Patrol Map Bnok & ROSS Study Projects
4468 18'840.00 California Conservation Corps Landslide Repair Project Work
4480 120.00 California Park & Recreation Society, Inc. Membership Dues
4478 1'016.68 Cascade Fire Equipment Company Fire Supplies and Uniforms
� 4471 710.75 Clark Labs, Clark University G|S Project Computer Expense
4472 10.72 C|ork'n Auto Parts & Machine, Inc. Vehicle Repair Parts
4473 1,800.00 Done Right Roofing & Gutter Enterprise Roof Repairs
4474 295.85 Foster Bros. Security Systems, Inc. Padlocks
4475 4'391.50 GodbaRmmeornh 8kAnalysis Coaataida Follow-up Survey
4476 115.75 Federal Express Express Mail
4476 574.01 Garden|and Power Equipment Field Supplies
4477 472.40 Goodyear Auto Service Center Tires
4478 115.36 GTE Wireless Cellular Phone Service
4479 1,149.10 Jens Hansen Company Progress Pmyrnont-VVindy Hill Project
4480 128.15 Home Depot Field Equipment
� 4481 5'188.28 JEOA Publications, Inc. Map/Brochure Printing
�
� 4482 28.00 Jobs Available Subscription Renewal
� 4483 4'740.00 Joo'o Tractor Service Skyline Diooing
� 4484 44.00 Kovina Auto Repair Vehicle Smog Checks
4485 1'035.20 Lanier Worldwide, Inc. Copier Lease
4486 1'296.00 The Learning Institute Computer Training Class Vouchers
� 4487 202.36 Los Altos Garbage Company DumopoterSnrvioa
4488 354.41 &4arin Supply Company RemtroonnSupp|ioo
4489 2'829.86 Julie McCullough Conau|hng-Roatroom /& Bridge Projects
� 4490 72.27 K8inton'o Lumber &/ Supply Field Supplies--Lumber
� 4491 72.54 Lucent Technologies Phone Maintenance Service
�
� 4492 2'029.78 Office Depot Office Supplies Q' Paper
4493 986.68 Orchard Supply Hardware Field Supplies and Tools
4484 281.90 Oxford Tire Recycling Tire Recycling
4495 1'217.64 Pacific Bell Telephone Services
4496 150.15 LoroPateroon Reimbursement--Uniform Expense
4497 9.28 Pearson Automobile Company Vehicle Repair Part
4498 519.72 PIP Printing Newsletter, Post Cards and Letterhead
4499 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
4500 8'100.00 Rana Creek Habitat Restoration Corp. Second Phase--Grassland Study
Page �
�
�
Claims No. 98-14
Meeting 98-17
Date: July 22. 1998
Revised
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
4501 14.28 Rancho Hardware Field Supplies
4502 34.13 Rayne Water Conditioning Water Service
� 4503 10.00 Rich's Tire Service Tire Repair
!
4504 188.25 Roberts & Brune Company Culverts--Lower Windy Hill Parking Lot
4505 2'060.76 Roy'n Repair Service Vehicle Repair & Maintenance
4506 114.75 Sefoty'0oon Solvent Tank Service
4507 30.80 Son Francisco Newspaper Agency Subscription Renewal
4508 75.35 San Jose Mercury News Dump Truck Bid Advertisement
4609 150.43 Second Cup Business Meeting Expense
4510 77.00 Sequoia Analytical Water Testing
4511 1'880.00 E.R. Sheehan Trail Construction Operator
4512 136.01 Skyline County Water District VVetmr Services
4513 71.22 SkyvvoodTrading Poet Diesel for Tractors
4514 704.61 Standard Register County Warrant Printing
4515 9'941.80 Stevens Creek Quarry Road Grading 8/ Base Rock
4516 324.76 Teoter 8/ Etc. Map & Sign Graphics
� 4517 386.14 Thorma Corp. HVAC Maintenance
�
4518 1.078,22 Turner & K8u}oore Legal Services
4519 23.21 Unocal Fuel
4520 1'205.66 U.S. Rentals Rental Buckhoe' Compactor & K4an|ift
4521 2'247.47 VISA 2G8.O2-Enterprise Electrical Repair
500.00--Vn|unteur Event Site Fee
493.41-Unifornn Expenses
688.26-Vehic\e & Boat Repairs
19.95-F|eW Supplies
87.71-RaaouroeDocuments
117.8O-Earthquake Safety Supplies
15.13-ReoyoUng Trash Cans
46.39-Connputar Cable
4522 600.00 Roberta Wolfe Recording Services
4523 816.88 The Workingman's Emporium Uniform Expense
� 4524R 431.96 Petty Cash Office Supplies, Vehicle Expense,
Postage, Volunteer Event Supplies,
Local Business Meeting Expense and
Ro|d Supplies
°1 Urgent Check |ouund June 25, 1998
TOTAL 96'454.60
�
Page
Claims No. 98-14
, Meeting 98-17
� Date: Ju|V2O. 1998
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4454 399.86 Acme & Sons Sanitation Sanitation Services
4455 57.72 Alamo Lighting Light Bulbs
4456 1'000.00 °1 AU'Co| Tldm Company Acquisition Deposit
4457 479.88 All Laser Service Laser Cartridges
4458 1'500.00 Appraisal Research Corporation Appraisal Services
4459 11.93 A T & T Telephone Services
4460 2'438.00 8NY Western Trust Company Note Paying Agent Fees
4461 173.20 Baron Welding /& Iron VVurku' Inc. Signs
4462 50.66 Barron Perk Supply Co. Water System Supplies
4463 25.00 Boy Area Air Quality Management District Fuel Nozzle Permit
4464 109.07 Brenton Safety' Inc. Safety Supplies
4465 2'535.00 Louis 8ordi General Engineering Grading Services
4468 5'464.00 Brian Kangam Fou|k Drainage Study Consultants-Teague Hill
4467 525.00 Jane Buxton Patrol Map Book 8^ ROSS Study Projects
4468 18'840.00 California Conservation Corps Landslide Repair Project Work
4469 120.00 California Perk & Recreation Society, Inc. Membership Dues
4470 1'016.68 Cascade Fire Equipment Company Hno Supplies and Uniforms
4471 710.75 Clark Labs, Clark University G|S Project Computer Expense
4472 10.73 C|urk'm Auto Parts Q' Machine, Inc. Vehicle Repair Parts
4473 1'800.00 Done Right Roofing 8' Gutter Enterprise Roof Repairs
� 4474 295.85 Foster Bros. Security Systems, Inc. Padlocks
� 4475 4'381.50 Godbe Research 8/ Analysis Cuantaide Follow-up Survey
4476 115.75 Federal Express Express K0ei|
4478 574.01 Gordnn|ond Pnvve/ Equipment Field Supplies
4477 472.40 Goodyear Auto Service Center Tires
4478 115.36 GTE VViro|eoe Cellular Phone Service
� 4479 1'149.10 Jens Hansen Company Progress Payment--Windy Hill Project
�
4480 128.15 Home Depot Field Equipment
4481 5'186.26 JEOA Publications, Inc. Map/Brochure Printing
� 4483 28.00 Jobs Available Subscription Renewal
4483 4'740.00 Jue'mT/aotnr Service Skyline Dimoing
4484 44.00 Kavino Auto Repair Vehicle Smog Checks
�
4485 1'035.20 Lanier VVoddvvido' Inc. Copier Lease �
4486 1'286.00 The Learning Institute Computer Training Class Vouchers �
4487 202.38 Los Altos Garbage Company DunmpetnrSerxina
4488 354.41 K8arin Supply Company Romtroorn Supplies
4485 2'839.66 Julie McCullough Consulting-Reotroonn & Bridge Projects
4400 72.27 K8inton'm Lumber & Supply Field Supplies--Lumber
4481 72.54 Lucent Technologies Phone Maintenance Service
�
4492 2'038.78 Office Depot Office Supplies & Paper
4493 996.88 Orchard Supply Handvvona Field Supplies and Tools
4494 281.80 Oxford Tiro Recycling Tire Recycling
4495 1'217.54 Pacific Bell Telephone Services �
4498 150.15 LoroPatmroon Reim burmernmnt-UniformnExpense �
4487 9.20 Pearson Automobile Company Vehicle Repair Port
4498 519.72 PIP Printing Novxo|ettor. Post Cards and Letterhead
4499 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
4500 8,100.00 Rene Creek Habitat Restoration Corp. Second Phase--Grassland Study
Page
�
Claims No. 98- 4
K8eetingB8-17
Date: July 20. 1990
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
4501 14.28 Rancho Hardware Field Supplies
4502 34.13 Rayne Water Conditioning Water Service
4503 10.00 Rich's Tiro Service Tire Repair
4504 108.25 Roberts & Brune Company Culverts--Lower Windy Hill Parking Lot
4505 3'060.76 Roy'a Repair Service Vehicle Repair 8k Maintenance
� 4506 114.75 Safety-K|een Solvent Tank Service
�
� 4507 30.80 San Francisco Newspaper Agency Subscription Rnnwxvm|
4508 75.35 San Jose Mercury News Dump Truck Bid Advertisement
� 4508 150.43 Second Cup Business Meeting Expense
�
� 4510 77.00 Sequoia Analytical Water Testing
� 4511 1'880.08 E.R. Sheehan Trail Construction Operator
� 4512 136.01 Skyline County Water District VVotor 6mrvinwo
4513 71.22 SkyvvoodTreding Pout Diesel for Tractors
4E14 704.61 Standard Register County Warrant Printing �
4515 8'941.80 Stevens Creek Quarry Road Grading & Base Rock
4518 324.76 Teeter & Etc. Map & Sign Graphics
4517 386.14 ThorrneCorp. HVACK8aintananoa
4518 1'078.22 Turnor & Mu/care Legal Services
4518 23.21 Unocal Fuel
4620 1'205.66 U.S. Rentals Rental Bmokhoe' Cmmnpaotmr /& K4an|ift
4521 2'247.47 VISA 2G8.O2-Entorprioa Electrical Repair �
500.00-Vm|untemr Event Site Fee
4G3.41-UnifornoExpenses
698.26-Vehic|e /& Boat Repairs �
19.95-Ha|d Supplies �
87.71-RamourumDocuments
1 17.GO-Eerthquuko Safety Supplies
15.13-Reoyo|ing Trash Cans
46.39-Computar Cable
4522 600.00 Roberta Wolfe Recording Services
4523 816.88 The Workingman's Emporium Uniform Expense
°1 Urgent Check Issued June 25' 1888 �
TOTAL 86'022.84
�
� Page
�
�
�
Regional
a. e ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
t
FROM: C. Britton, General Manage
DATE: July 22, 1998
SUBJECT: FYI
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
Regional Open - ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 22, 1998
Terry Winckler
Managing Editor, San Mateo County Times
1080 S. Amphlett Boulevard
San Mateo, CA 94403
Dear Mr. Winckler:
Some statements concerning the Midpeninsula Regional Open Space District were made
in a July 7 Letter to the Editor that merit a response in order to provide an accurate account of the
facts.
There are four seats on the District's Board of Directors up for election in November, not
three. The four seats are, Ward 1 (Los Gatos, Monte Sereno, Saratoga, portions of Cupertino and
unincorporated Santa Clara County); Ward 2 (Los Altos Hills, portions of Cupertino, Los Altos,
Sunnyvale, and Stanford, and part of unincorporated Santa Clara and Santa Cruz Counties);
Ward 5 (Palo Alto and portions of Stanford and East Palo Alto); Ward 6 (Menlo Park, Atherton,
Portola Valley, Woodside, portions of East Palo Alto, and parts of unincorporated San Mateo
County). Individuals interested in running for office in one of these wards are encouraged to
contact the District at(650) 691-1200, to obtain the nomination documents necessary for filing.
The deadline for filing nomination papers is Augusts 7, 1998.
The District finances all of its land acquisitions through long-term borrowing, among
other mechanisms. By financing its acquisitions (much like an individual finances the purchase
of a home), the District is able to preserve the maximum amount of open space land as soon as it
becomes available, for the lowest possible price, before it is sold, developed, and lost forever as
potential public open space. By law, the District may incur debt in an amount of up to five years
of anticipated property tax revenue. The District has always remained within this statutory debt
limit, and enjoys an "A+" bond rating, indicating its financial well-being and conservative fiscal
philosophy. In fiscal year 1997-1998, approximately 41 percent of District revenue was used to
service debt for previous land acquisitions. Any member of the public may obtain a copy of the
District's audited financial reports by calling the District office.
The District has placed on the November 3, 1998 ballot an advisory measure asking San
Mateo County coastal voters if they would like their area to be annexed into the District. This
advisory measure would be voted on only in the coastal area of San Mateo County, south of
the City of Pacifica and west of Skyline Boulevard. If the advisory measure is approved by a
majority of the voters, it is likely that the District would proceed with application to the Local
Agency Formation Commission to begin the formal annexation process. This is an open and
public process which involves public hearings and ample opportunity for meaningful public
input and participation.
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
July 22, 1998
Mr. Terry Winckler
Page -2-
This measure does not involve any increase m taxes, nor does an annexation. If the
advisory measure is approved and the District proceeds with annexation, the District would
consider a funding measure, requiring a two-thirds majority vote, for a future ballot. An
expansion would enable the District to better 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.
Lastly, the Board has adopted a resolution outlining its intent to convene an advisory
committee from the coastal area, after the election, to assist 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. In particular, possible revisions to the eminent domain policy would focus on
ensuring that acquisition of active agricultural and ranch lands on the coast will be from willing
sellers only; possible revisions to the policy on land acquisition would focus on alternative
methods of preservation such as purchase of conservation easements; 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 of development rights or agricultural conservation easements.
Thank you for the opportunity to provide these factual clarifications so that your readers
are fully informed and up to date on the District's activities.
ncerely,
L. r on
General Manager
LCB/mcs
cc: MROSD Board of Directors
0 , Sempervirens Fund
A , Drawer BE, Los Altos, CA 94023-4054
650-968-4509 Fax 650-968-0713 State of California--The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
For the preservation of redwood lands 1416 Ninth Street,Sacramento,California 95814
For Release On July 25, 1998
PRESS RELEASI�RECE tG Contacts: John Gilliland 650-968-4509
Sempervirens Fund
.l U L c 2 Gary Strachan 650-879-2025
MIDPENINSULA REGI01' ,,L Dept. of Parks and Recreation
OPEN SPACE DISTR;CT
Now Opened To The Public, A Hiking Trail Links Big Basin
Redwoods State Park & Ano Nuevo State Reserve.
On July 26, 1998 a new hiking trail will be opened to the public. The Whitehouse Ridge Trail
I
provides the long-awaited link between Big Basin Redwoods State Park and the coastal Ano Nuevo
State Reserve. An Inaugural Hike will be held for members of the media, state parks officials, Board
members of the Jeangerard Foundation and the Sempervirens Fund, and special guests.
The Whitehouse Ridge Trail promises to be one of the most popular coastside trails. This is
the first major trail connection from the redwoods to the coast since the establishment of the famous
Skvline-to-the-Sea Trail almost 30 years ago.
A model of public/private partnership, the new 1.5 miles stretch of trail connects two parks,
two park districts, and two counties. The California Department of Parks and Recreation, Sempervi-
rens Fund (a non-profit land conservancy), The Jeangerard Foundation, and the California Conserva-
tion Corps, blended their talents and resources to purchase the key land and build the trail, all in less
than one year's time.
State Park District Superintendents Ron Schafer, of the Bay Area District, and David
Vincent, of the Santa Cruz District, worked together to achieve quick, efficient, and cost-effective
trail building. State parks helped with the land purchase and each district came up with $5,000 for
trail construction.
For the bargain price of$10,000 the 1.5 mile Whitehouse Ridge Trail was built as a training
project by a special crew of the California Conservation Corps. These eighteen young men and
women were specially selected to be trained as Stanislaus CCC Backcountry Trail Crew. The crew
was recruited from all over the United States and Canada. They hailed from Vermont, Ohio, Iowa,
-MORE-
California, Canada and numerous points in between. They camped for three weeks at Arco Nuevo
and worked on reopening trails damaged by the winter storms including the famous Skyline-to-the-
Sea Trail that connects Castle Rock State Park with Big Basin Redwoods State Park and Waddell
State Beach. A second backcountry trail crew from Kings Canyon joined in the work for six days.
Once their training was completed, this crew began a five-month assignment in the Sierra
backcountry building and repairing trails.
For further information or directions to the new Whitehouse Ridge Trail, please call Ano
Nuevo State Reserve at 650-879-2025.
-30-
Regional .w .
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Malcolm Smith
July 20, 1998 Public Affairs Manager
(650) 691-1200
New Windy Hill Parking Area Open to the Public
Los Altos, CA -- The Midpeninsula Regional Open Space District announced that its new
50-car parking lot serving the lower portion of Windy Hill Open Space Preserve, in Portola Valley is
open and available for public use. District Board of Directors President Betsy Crowder and Portola
Valley Council Member Nancy Vian unveiled a new sign designating the lot at a dedication
ceremony held on July 15. The parking lot is open every day from dawn until one half-hour after
sunset, as are all District open space preserves.
The 1,132-acre Windy Hill Open Space Preserve, acquired with significant financial support
from the Peninsula Open Space Trust, 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
grant from the federal Land and Water Conservation Fund (LWCF), will bring Windy Hill closer to
many more people seeking access to this beautiful preserve.
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 acontinuousgreenbelt of
protected
open s ace lands for public use and enjoyment,and to preserve open s ace 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.
330 Distel Circle - Los Altos,CA 94022-1404 - Phone: 650-691-1200
FAX:650-691-048.5 - E-mail: mrosd@openspace.org Weft site:www.openspace.org
Board of Directors Pete_Siemens,Mary C. Davey,)ed Cyr, David T.Smernoff, Nonette Hanko,BetsCrowder,Kenneth C. Nitz - General
Man_�_,_,w_...�_.n_ n
' y, y _.,. y erat Manager:L.Craig Britton
how of TO'RGOfA UAILF,69
TMvn I h I 1: 765 Pori,dti R, id, i")It ol,€ V)I It, ("A 0402S ICI: i(670) -tO,) I',ix: ((60) S I 407f1.1 '
P.'ECEIVED
Ild Orlm Al
J U L Rld ,ml 1.
July 17,1998 ~,wt % Vi,m
L.¢ " SU((A PTC-
GrFENSF,,',C�� I()\V,� kTHCFK,�:
C); Alcx 1). Nlchltv ,,
Mr. L. Craig Britton 10miA,hmm,tr.it01
General Manager s,Indy ` loan
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Re: District Parking Lot, 555 Portola Road
Dear Craig,
I am pleased to inform you that the District's Site Development Permit for parking lot
improvements at 555 Portola Road has been completed in accordance with the
approved plans and has received conditional approval for operation until Pacific Bell
completes the undergrounding or September 30, 1998, which ever comes first.
Two construction items remain to be completed at a later date. These items are
hydroseeding the hill behind the restroom in October, 1998, and regrading the trail
around the power pole on the north side of the entrance, after the pole is removed by
Pacific Bell. Mary de Beauvieres has informed me that she will schedule this work at
the appropriate time and contact me when the work has been completed.
It has been a pleasure working with the District, and we look forward to working with
you on future projects.
,
Sincerely
'Y Betty 11ine
Town Engineer
cc: Town Council
Town Administrator
MRRICK, HERRINGTON
& SUTCLIFFE LLP
MEMORANDUM
July 15, 1998
Proposition 9 Threatens Outstanding Bonds
Issued to Finance Electric Utility Restructuring
The purpose of this Memorandum is to alert California local governments and
their financial advisors who receive Orrick's Municipal Finance Report of the potential impacts
of Proposition 9, a voter initiative measure that recently qualified for the November 1998 ballot.
Proposition 9 is designed to eliminate the financial means for repaying more than $6 billion of
bonds issued through an instrumentality of the State of California. If approved by the voters
and sustained by the courts, Proposition 9 could adversely affect the ability of California
local governments to sell their own bonds, notes, certificates of participation and other
financial instruments.
Legal Background
Both the United States Constitution (Article I, Section 10, Clause 1) and the
California Constitution (Article I, Section 9) prohibit the State of California from passing any
"law impairing the obligation of contracts". The federal courts and the California courts both
have recognized that states and local governments may contractually bind themselves by statute
or other legislative enactment if the covenants are sufficiently express. See United States Trust
Co. of New York v. New Jersey, 431 U.S. 1, rehearing denied 431 U.S. 975 (1977); Los Angeles
County v. Rockhold, 3 Cal. 2d 192 (1935). Investors in state or local bonds historically have
relied upon these constitutional principles.
Rate Reduction Bonds
In December 1997, a special purpose trust established by the State of California
Infrastructure and Economic Development Bank (the "Infrastructure Bank") issued
approximately $6 billion of rate reduction bonds. Principal and interest in respect of these rate
reduction bonds are payable from a special charge imposed on residential and small commercial
electric customers of Pacific Gas and Electric Company ("PG&E"), Southern California Edison
Company ("SCE"), and San Diego Gas & Electric Company ("SDG&E"), the three largest
investor-owned electric utilities in California. In order to invoke the constitutional protections
described above in connection with this special charge, Assembly Bill 1890 (Chapter 854,
California Statutes of 1996) includes a specific pledge and agreement by the State of California
that it will not alter this special charge without making adequate provision for the payment of all
outstanding rate reduction bonds.
C0 1998 Orrick,Herrington&Sutcliffe LLP
July 1998
RRICK, HERRINGTON
& SUTCLIFFELLP
Orrick, Herrington & Sutcliffe LLP represented PG&E, SCE and SDG&E in
connection with the enactment of this State pledge. Orrick also represents PG&E in connection
with the Infrastructure Bank's issuance of$2.9 billion of rate reduction bonds.
The Initiative
On November 24, 1997, various consumer groups filed a voter initiative with the
California Attorney General. The voter initiative recently has been designated as "Proposition
9". Despite the express State pledge set forth in Assembly Bill 1890, Proposition 9 would
prohibit collection of the special charge for the purpose of providing for the payment of principal
and interest on rate reduction bonds. If these aspects of Proposition 9 are given effect, the
primary source of revenue for the payment of principal and interest on $6 billion of outstanding
rate reduction bonds would be eliminated. Accordingly, the State of California Attorney
General's "Title and Summary", transmitted to the California Secretary of State on February 11,
1998, states: "Potential state liability for debt service on $7 billion in bonds previously issued
may result from judicial interpretation of applicability of measure to those bonds." On June 24,
1998, the California Secretary of State announced that Proposition 9 has qualified for the
November 3, 1998 Statewide ballot.
On May 22, 1998, a group known as Californians for Affordable and Reliable
Electric Service ("CARES") filed a petition in the California Third District Court of Appeal
asking the court to exclude Proposition 9 from the November 1998 ballot for several reasons,
including that Proposition 9 would amount to an unconstitutional impairment of contract rights.
CARES is comprised of the California Chamber of Commerce, California Taxpayers'
Association, California School Boards Association, and a wide range of other business,
environmental, education, public safety and consumer groups, as well as PG&E, SCE, and
SDG&E. On July 2, 1998, the Third District Court of Appeal denied the CARES petition
without opinion. The denial does not preclude a post-election challenge on the merits. Unless
the California Supreme Court reverses the Third District Court of Appeal, Proposition 9 will
appear on the November 1998 Statewide ballot.
If Proposition 9 is included on the ballot and approved by the voters, it
unquestionably will result in further litigation. If Proposition 9 is sustained by the courts,
depending upon the legal analysis applied, local governments could face additional hurdles
in issuing their own bonds, notes, certificates of participation and other financial
instruments due to an increase in perceived risks associated with the California initiative
process.
We believe it is important for local governments throughout the State to study
Proposition 9 and its implications for their particular situations. If you would like a copy of
Proposition 9 or if you would like further information regarding Proposition 9, please contact
either Dean Criddle (415-773-5783) or Dora Mao (415-773-5628), Orrick attorneys who are
active in analyzing Proposition 9, or Jim Bruner (916-329-7901) of Orrick's Government
Affairs Department.
2
Peter P. Donohue, 11 : 52 AM 7/17/98 , MROSD Thank mou Event
Return-Path: romp-owner@cyclery. com
Date : Fri, 17 Jul 1998 11 : 52 : 00 -0700
From: "Peter P. Donohue" <donohue@ix. netcom. com>
Reply-To: donohue@ix.netcom.com
Organization: Bay Area Riding Fanatics
To: romp@cycling.org
Subject : MROSD Thank You Event
Sender : owner-romp@cyclery. com
X-Rcpt-To: mrosd@openspace. org
Midpeninsula Regional Open Space District threw a thank you party for
their volunteers last night at Huddart County Park. It was quite nice .
Lots of good food and drink (including decent beers) , games for the
kids, etc .
Of particular note - off to one side they had posters made up with
pictures from various events . There was one for MROSD Preserve
Partners, one for MROSD Docents, and other similar ones . One whole
poster was made up with pictures from the ROMP trail work and labeled as
ROMP. We were the only non-MROSD group that I saw being recognized in
this way. This special recognition shows that they appreciate all of
the hard work which we ' ve been doing at the trail projects .
Thanks to everyone who has come out and participated. And many thanks
to Berry Stevens for running all of these events .
Peter
ps - let ' s not stop now - there is one more trail project this
Saturday.
_o
_ \<_ Peter P. Donohue http: //www. netcom. com/donohue/
donohue@ix.netcom.com phone : 650-367-9327 pager: 650-570-0925
Printed for Open Space District <mrosd@openspace.org> 1
NORTHF. N APPA .ACHIAN HIGH ANDS IOREGION:
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that But the sheer
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: July 17, 1998 -'
SUBJECT: FYI
330 Distel Circle Los Altos,CA 94022-1404 Phone: 650-691-1200
FAX:650-691-0485 * 1-mail:mrosdaopenspace.org Web site:www.openspace.org
Board of Directors.Pete ,,Siemens,Mary C. Davey led Cyr David T.Smemoff, , ,Nonette INanko Betsy Crowder Kenneth C. Nitz - General neral Manager.L.Craig Britton
Regional Open I , .ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
July 15, 1998
TO: Board of Directors
FROM: C. Britton, General Manager
SUBJECT: Addition of the Clifford 1. Arellano 1/42 Interest in the 30-Acre Kirschbaum
Property, Cathedral Oaks Area of the Sierra Azul Open Space Preserve
In accordance with your Rules of Procedure, Section 260 (2), as amended on June 18, 1991
(see Report R-91-62), to wit:
The General Manager is hereby authorized to approve the acquisition of a minor
interest in or easement upon real property and accept on behalf of the
Midpeninsula Regional Open Space District deeds or grants conveying any such
minor interest in or easement upon real property to the District for public
purposes and to execute a Certificate of Acceptance as evidence thereof as
required by law, subject to the following:
a) The General Manager finds that the acquisition of such minor interest in
or easement upon real property is consistent with District policy; and
b) The cost does not exceed the General Manager's authority as provided in
Section 5549(b) of the Public Resources Code and as approved by the
Board of Directors from time to time; and
c) The General Manager informs the Board of Directors of the action or
proposed action within a reasonable period of time;
I signed a Certificate of Acceptance on July 14, 1998 and a Gift Deed was recorded on July
15, 1998 for a 1/42 interest in the subject property (see attached map), based upon my
determination that acceptance of this gift is in accordance with the above stated policy.
District previously received a Gift of a 1/42 interest in the property from Gen Graves on May
14, 1998. The District's interest in the property is now 1/21st. If and when the District is in
a position to acquire a substantial interest in this property, staff will provide you with a full
report on the use and management aspects of the property.
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
SIERRA AZUL OPEN SPACE PRESERVE
Midpeninsula Regional Open Space District
V/
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EXHIBIT A: PROPERTY LOCATION MAP J
1
Joint Ventm-.
Silicon Valle Network
Y
99 Almaden Blvd.,Suite 700
San Jose,California 95113-1605
Tel 408.271,7213
800.573,JVSV
Fax 408.271.7214
jvsvoffice®aol.com
July 15, 1998 http://www.jointventure.org 0
U N LZ p
Craig Britton
Executive Director P.E C Ell V 0
Mid-Peninsula Open Space District a 1 0. i< a v
330 Distel Circle J U L 16 1998
Los Altos, CA 94022 MIDPENINSULA PET BOARD OF DIRECTORS
OPEN SF F (a Chair
rr"`E I MAYOR SUSAN HAMMER
City of Son lose
Dear Craig: (D-(hair
LEWIS E PLATE
Hewlett Packard
Thank you very much for spending yesterday with the Governance 2010 HUN RUBIN BARRALES
Team. It was a pleasure to be part of a thoughtful, stimulating and intelligent County of Son Mateo
(AROL BARTZ
conversation about the future of Silicon Valley. Aurodesk
ROBERT CARET
San lose State University
Joint Venture believes that regional collaboration across traditional boundaries ROBERT CAVIGH
Ehrlich Rominger Architects
is the best path towards a desired future. Our challenge is to decide where to LED I (HAVEi
focus our collaborative energies first. Yesterday's fact finding and foothill DeAnzo Community College Dist,
DAVID A COULTER
brainstorming greatly contributed to that process. aankofAmema
TOMMY EULCHER )R.
Economic 8 Social Opportunities
I do plan to keep in touch with you as we narrow our focus and develop our (ARE GUARDING
strategies for action. And I consider you a collaborative partner going Santa Clara Valley Manufacturing Group
S.REID GUSTAFSON
forward. In other words....we will be looking for opportunities to tap your Shea Homes
brain power again! JUOI IH N HAMILTON g First Floor Sahwarere
JAY 1 HARRIS
San lose Mercury Newt
Sincerely, PAT HILL HUBBARD
C American Electronics Assoc.
W KEITWatkins
Johnson
Y
\t Watkins Johnson
JOHN H KENNETT
Connie Martinez Pizazz Printing
MAYOR IUDY NA0lF0.
Vice President City of Santa Clara
JOHN E BETTE
Ruilding R Construction
Trades Council
JOSEPH PARISI
Thermo
J MICHAEL PATTERSON
Price Waterhouse
cc: Bob Kirkwood, Hewlett Packard (ONDOtFFIIA RI(F
Dave Knapp, Town of Los Gatos RAYnRo�dUniversily
IZ
Tom Lewcock, The Lewcock Group Community Development
Resources,Inc.
DR ALLAN L SLID
Asian Pacific American Coalition
HOP.JOSEPH SIMITIAN
County of Santo Clara
STEVEN J.TEDESCO
San lose Metropolitan
Chamber of Commerce
NON.JOHN VASCON(ELLOS
State Senator
(OLLIEN B.WILCOX
Santa Clara County
Office of Education
BE(RY MORGAN
President R CEO
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 15, 1998
Ms. Danielle Woem
Administrative Assistant, California Environmental Trust
400 Capitol Mall, #1860
Sacramento, CA 95814
Subject: Midpeninsula Regional Open Space District Grant Proposal
Dear Ms. Woern:
At the request of elected bodies and grassroots organizations on the coast, the
Midpeninsula Regional Open Space District has been engaged in determining the most feasible
method of preserving open space in the coastal area of San Mateo County. To date, District
representatives have met with Peninsula Open Space Trust, Trust for Public Lands, Sempervirens
Fund, Save-the-Redwoods League, and Nature Conservancy to determine those private non-
profit agencies' interest in and plans for land conservation on the coast. These agencies welcome
the District's presence on the coast, and attach great importance to the District's ability to
manage the lands that these agencies acquire in g g q that area.
The District also met with the relevant public agencies that might be involved in coastal
land preservation, including San Mateo County Parks Department, California State Parks
Department, and the National Parks Service. Meetings were held with the California Coastal
Commission and the California Coastal Conservancy to assess those agencies' roles in coastal
preservation. The District conducted a public opinion survey of the coastal area(as well as the
existing District jurisdiction and the remainder of San Mateo County) which showed a very high
level of support for preservation of coastal lands, and strong support for District annexation.
Based on the information gained from the survey and the meetings with various agencies,
the District's Board of Directors determined that the most feasible method of coastal land
conservation is District annexation of the coastal area.
The District held two community information meetings, in Pescadero on April 16 and in
Half Moon Bay on April 30, to gain public input on the possibility of District annexation. At a
special meeting on May 20, 1998 the District's Board of Directors held in-depth discussions on
the possibility of annexation, and the timing of a possible advisory ballot measure.
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
July 15, 1998
Ms. Danielle Woern
Page -2-
The Board directed District staff to proceed with an additional public opinion survey, to
begin the groundwork towards annexation, to draft proposed ballot language for an advisory
measure, and to determine the method and timing of forming an advisory committee comprised
of coastal representatives.
At its meeting of June 24, 1998 the Board of Directors adopted a resolution placing an
advisory measure on the November 3, 1998 ballot. This measure will ask coastal voters if they
would like the District to annex their area into its jurisdiction, in order to preserve open space
resources. The measure is advisory'only and does not include any funding or property tax
ramifications. For your information, I have attached the relevant Board reports from the April 9,
1997, February 11, 1998, and June 24, 1998 meetings. Included are the resolutions adopted
placing the measure on the ballot, and declaring the Board's intent to form a coastal advisory
committee following the election.
Also attached is a copy of the grant proposal submitted by Audrey Rust of Peninsula
Open Space Trust(POST) on behalf of the District. It's clear that POST, and the other private
non-profit entities we've contacted, would greatly value the District's presence on the coast for
our land management capabilities. In fact, such a management presence could be the District's
primary function on the coastside.
Any grant funds received would be utilized by the District to perform geographic
information systems (GIS) mapping of the area, for public,opinion polling, and for expenses
related to the technical procedures of annexation. No grant funds would be used for any expenses
related to the election process.
Please feel free to contact me if I.can provide any further information.
ncer y,
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
Audrey Rust, POST
i
Regional Open ice
.........
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 9, 1998
Mr. David Oare
<rgray@thegrid.net>
Dear Mr. Oare:
Thank you for your comments about the June 17 meeting on the Study Area 2 Trail Use Plan
for El Corte de Madera Creek Open Space Preserve. The three Ad Hoc Committee members
(myself, David Smernoff, and Jed Cyr) have walked every trail segment within Study Area 2
along with the task force and staff. We became very familiar with all of the trail segments
under discussion at the meeting. Most of the remaining Board members visited the preserve
prior to the meeting to acquaint themselves with the more controversial trails under discussion.
I'm sure you can understand how difficult it is to keep abreast of all issues concerning 43,000
acres and 250 miles of trails. Instead, we concentrate our efforts on the most significant
aspects of such issues.
The decision to hold a special meeting for this trail use issue was decided at the Board's
regular meeting of June 10. On Friday, June 12, copies of the agenda were sent to all
adjoining land owners to the preserve and members of the District's mailing lists pertaining to
this issue (the mailing lists total over 200 people). In addition, the agenda was posted at the
trailheads to the preserve. Copies of reports are available upon request. As an added service,
staff posts the agenda information on the District web site; however, workload priorities and
technical difficulties can sometimes prevent this from occurring immediately. We are trying to
improve that process.
To be certain of obtaining the staff reports and other packet information, you might consider
subscribing to the Board packet. For an annual subscription fee you can receive either all
Board meeting agendas ($20 per year) or the full packet of agendas and staff reports ($220 per
year). The agendas and packet materials are mailed on the Friday prior to the Wednesday
meeting. You may also subscribe to the agenda by e-mail (no charge), currently subject to the
same technical and workload limitations noted above.
Please contact the District office if you would like to initiate a subscription.
Sincerely,
l
Betsy Crowder, President
Board of Directors
cc: Board of Directors
330 Distel Circle Los Altos,CA 94022-1404 Phone: 650-691-1200
FAX: 650-691-0485 - E-mail: ntrosd@openspace.org Web site:www.openspace.org
Boar(]of Directors:fete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C,Nitz - Generr d Manager:L.Craig Britton
�
Date: Thu,0g Jul |A9R |217:47-07UO
From:jaguar
� Reply'Tn: {dody@rf.net
Organization: trinity ip
To: Open Space District org>
Subject: Re: Settlement
Dear Mr. Britton and staff-
� lou|ize there are more political aspects to the Russian Convent
�
property development than I understand.Nevertheless, l um disappointed
that&8RO8D compromised their original position tu fully exercise eminent
� domain in order to avoid congressional retaliation and sanctions from
other nou'pro6ty, |have heard.Every compromise vvr make sets u
precedent for further compromise tn the ultimate detriment ofpristine
open space and wildlife.
Caro|Hunkconcyer
�
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Regional Open . _ ace
-------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 8, 1998
Mr. Harrison Higaki
Bay City Flower Company, Inc.
2265 Cabrillo Highway South
Half Moon Bay, CA 94019
Dear Mr. Higaki:
Thank you for providing such a thoroughly informative overview of your agricultural
operation. We appreciated seeing the various aspects of how greenhouse production works. We
also valued your candor and openness as to the concerns that you and others feel about the
District's possible presence on the coast.
I hope that you will feel free to contact us if you have any questions about the District or
its policies. For your information, I've enclosed a copy of the District's policy on eminent
domain, as well as the Board reports and resolutions adopted by the Board at its June 24 meeting
pertaining to placing an advisory measure on the November 3, 1998 ballot, and its intent to
revisit specific policies of concern to the coastside.
Again, on behalf of Mary Davey,Nonette Hanko, and myself, thank you for taking the
time to help educate us as to the coastal agricultural community.
Sincerely,
6eA, av-�
Betsy Crowd r
President, Board of Directors
BClmcs
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
Regional Open . ,ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 8, 1998
Mr. Terry Burnes
San Mateo County Planning Administrator
County Government Center
590 Hamilton Street
Mail Drop PLN-122
Redwood City, CA 94063
Dear Terry:
Thank you for joining us for Jack Olsen's overview of the agricultural activity on the San
Mateo County coast. It was valuable for you to lend your expertise and knowledge to the
discussion. Your knowledge of both the technical and political aspects of coastal agriculture gave
us a better understanding of some of the issues and concerns of that community.
I'd also like to thank you for your kind offer to make a presentation to District Board
members on coastal planning issues. We will contact you within a few weeks to schedule such a
presentation. For your information, I've enclosed a copy of the District's policy on eminent
domain, as well as the Board reports and resolutions adopted by the Board at its June 24 meeting
pertaining to placing an advisory measure on the November 3, 1998 ballot.
Again, on behalf of Mary Davey,Nonette Hanko, and myself, thank you for taking the
time to help educate us as to the coastal agricultural community:
Sincerely,
ao_t,�_Zj
Betsy Crowdel
President, Board of Directors
BC/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,)ed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
County of Santa Clara C'OUN-
Fnvironniental flesources Agency
Department of Environmental I lealth
Vector Control District
076 Let IZ('l i Avenue w
SM I J0 ,14', 0,5126 C'\"
(408)299-20:_)0 FAX 298-63:_,6
July 7, 1998
Mr. L. Craig Britton, General Manager RECEIVED
MidpeninSLI]a Regional Open Space District
3330 Distel Circle JUL 10 1(�,98
Los Altos, CA 94022-1404
Ll"�'N,SULA PEGIEl
Tit,'O T
RE: Contribution for Wildlife Incident Seminar
Dear Mr, Britton and Board of Directors:
The Santa Clara County Vector Control District would like to thank Midpeninsula Regional Open
Space District for the contribution of$200.00 towards supporting the Wildlife Incident Seminar
sponsored by the Vector Control District. Your financial contribution as well as staff support
helped make the seminar the success that the guest speakers as well as the attendees indicated it
was. I believe that seminars of this type are an important first step towards ensuring the safety of
both park users as well as maintaining a healthy wildlife population within our open space and
park preserves.
I personally would like to apologize for taking so long to provide this acknowledgment to you
and your Board.
I would also like to commend your Resources Management Specialist, Ms. Jodi Isaacs , for the
professionalism, enthusiasm, and cooperation she always shows towards the variOLIsjoint projects
in which our two agencies participate.
Sincere
VirnMImullig fn, e at Manager
County Vector
Santa Clara County Vector Control District
lioard of Stipervisor,: 1)(mAd F. (;'1g(" HI(Itwil '\1vilroldo , llcic Mcl Itq5t), Jilme"' 'F Jr, S.Jo el>li Sitnitiml
Comm,Fxecufive: Ric hart! Will('111wrg 8.6
'
/50 Almaden Boulevard
po.Box mm
San Jose,mm/50-6r79
wmz/nsoou
FAX ouaz/uounz
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� July G, 1AQ8 0=
Grant Thornton iffif
' wM'nmxmONLip Accountants and
Management Consultants
The U.S.Member Firm of
� Board oyDirectors Grant Thornton International
/ Midoeninsula Regional Open Space District
~ In connection with our audit of the hnmnniu| statements of the K8idpeninau|a Regional [)pen Space District
(the "District") as of March 31. 1998. we noted certain rnattana that we believe you should consider. Our
observations were formed as a by-product of our audit procedures, which did not include a comprehensive
review for the purpose of submitting detailed recommendations. The matters discussed herein are those
that vve have noted asof May 32. 1QAD and we have not updated our procedures regarding these matters
since that date Uo the current date.
VVe have previously discussed our comments and suggestions with various District personnel and would
� be pleased to discuss them further.
�
Very truly yours,
/ 0 ��
7-4m,4tm ( -� .UAaJ
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Midpeninsula Regional Open Space District
CLIENT ADVISORY COMMENTS
March 31, 1998
GENERAL
We would first of all like to point out that the audit process went extremely smoothly again this year.
Requested information was made available to us in a timely manner. The information requested was
accurate and well prepared. The result was we did not propose any significant adjustments to the
accounting records for the year under audit. Congratulations are in order for the District accounting staff
for a job well done.
YEAR 2000 IMPACT ON COMPUTER SYSTEMS
• The current District action plan includes assessing the current computer system to meet future needs.
However, no specific plans have been made to address effects of the year 2000 issue on the District's
computer systems.
We note that although management has identified matters to be addressed in connection with the
year 2000 issue, to data no formal compliance program has been formulated. We recommend
that a year 2000 compliance program be implemented as soon as possible. The compliance
program should address, among other things, resource allocation and a realistic timetable for
corrective action and testing.
Regional Open . - ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 8, 1998
Mr. Jack Olsen
Executive Administrator
San Mateo County Farm Bureau
765 Main Street
Half Moon Bay, CA 94019
Dear Jack:
Thank you for providing such a thoroughly informative overview of the agricultural
activity on the San Mateo County coast. Your expertise and in-depth knowledge of both the
technical and political aspects of coastal agriculture gave us a better understanding of some of the
issues and concerns of that community.
I hope that you will feet free to contact us if you or any members of the Farm Bureau
have any questions about the District or its policies. For your information, I've enclosed a copy
of the District's policy on eminent domain, as well as the Board reports and resolutions adopted
by the Board at its June 24 meeting pertaining to placing an advisory measure on the November
3, 1998 ballot.
Thanks also for hosting a delicious lunch during our tour. On behalf of Mary Davey,
Nanette Hanko, and myself, thank you again for taking the time to help educate us as to the
coastal agricultural community.
Sincerely,
ex2
4l�
Betsy Crow er
President, Board of Directors
BC/mcs
cc: MROSD Board of Directors
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
Regional Open , . ace
-------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 8, 1998
Mr. John Muller
C/O San Mateo County Farm Bureau
765 Main Street
Half Moon Bay, CA 94019
Dear Mr. Muller:
Thank you for providing such a thoroughly informative overview of your agricultural
operation. We appreciated seeing the various aspects of how a true family farm works. We also
valued your candor and openness as to the concerns that you and others feel about the District's
possible presence on the coast.
I hope that you will feel free to contact us if you have any questions about the District or
its policies. For your information, I've enclosed a copy of the District's policy on eminent
domain, as well as the Board reports and resolutions adopted by the Board at its June 24 meeting
pertaining to placing an advisory measure on the November 3, 1998 ballot, and its intent to
revisit specific policies of concern to the coastside.
Again, on behalf of Mary Davey,Nonette Hanko, and myself, thank you for taking the
time to help educate us as to the coastal agricultural community.
Sincerely,
Betsy Crowder
President, Board of Directors
BC/mcs
cc: MROSD Board of Directors
L
rU
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