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HomeMy Public PortalAbout19980722 - Agendas Packet - Board of Directors (BOD) - 98-17 - _- Regional Open L _ict lie �_ 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 1r Lit Y :, r l tr !ot, � �- I e< y J V UO 770 Po t c) G • 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 j •\ 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. 7. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time. Attorney 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 become immediately due and payable. After Attorney's services conclude, Attorney will, upon Client's request, deliver Client's file to Client, along with any Client funds or property in Attorney's possession. 9. DISCLAIMER OF GUARANTEE. Nothing in this Contract and nothing in Attorney's statements to Client should be construed as a promise or guarantee by Attorney about the outcome of Client's matter. Attorney's comments about the outcome of Client's matter are expressions of opinion only. 10. INSURANCE. Attorney maintains errors and omissions insurance applicable to the services to be rendered to Client. 11. EFFECTIVE DATE. This Contract will take effect when Client has performed the condition stated in paragraph 1, but its effective date will be retroactive to the date Attorney first provided services. 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: C yh'OhFll JO,F MOO.ELOOKNtEGl.NTIC LAKE, BINE that But the sheer scale of industrial harvesting practices can not compare to the rare -natural catastrophes"of fire,win(,and insects;the extent of clearcuts )cemlwlmingly surpasses natural disturbances. LLSAJ ol z - �'"� M , From(Z1" Photograph cop� s9Rl Alex ausreiaaln fo ! red oa po f aorFled paps Regional tce � .. 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/ (SAn) N 'lam . ,_�• L„ LEXINGTON 1COUNTN yam, ° floc JPARK 4Trdi/ J` rol F GIFT OF \ �P Z 2 l ( z 1/42 INTEREST \, 2 00 W, (KIRSCHBAUM) ,6 2800 A20 1 oda s \ Roams f z o A,9) 0 2 0 it �I I L r e li�I I; Ql� 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 Wi One Mile �3 r� Kinchhaum �/1N/98 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 � � � � � � 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 � � 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 __~-. - ! � � � � � � � � � � 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