HomeMy Public PortalAbout19980909 - Agendas Packet - Board of Directors (BOD) - 98-19 Regional 40pen L. ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-19
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
AGENDA*
6:30 P.M. 330 Distel Circle
Wednesday Los Altos, California
September 9, 1998
PLEASE NOTE***
630 P.M. Closed Session Start Time
730 P.M. Public Meeting Start Time
(6:30) ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS
CLOSED SESSION
The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the
Special Meeting Closed Session to the conclusion of the Public Meeting, and at the
conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed
Session.
1. Conference With Real E=rty Negotiator - Government Code Section 54956.8
Real FnjWjU: Santa Cruz County Assessor's Parcel Numbers: 98-141-10 and
98-141-11
Ncgotiating Parties: Pelican Timber Co., Charles J. Keenan III
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
2. Conference With Real ErQWjU &gyotiator - Government Code Section 54956.8
Real Property: Santa Clara County Assessor's Parcel Number: 562-07-008
Negotiating Parties: Kelsey/Eberts
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650-691-1200
FAX:650-691-0485 # E-mail: mrosd@ol)enspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff,Nonette Hanko,Bet�y Crowder,Kenneth C. Nitz - General Manager:I Craig Britton
Meeting 98-19 Page 2
3. Conference With Real PrQpcM Nezoti or- Government Code Section 54956.8
Real EwWjU: Santa Clara County Assessor's Parcel Number: 562-07-015
Negotiating Parties: Marden and Reeder. Negotiating Agent: Gary Beck
Under Negotiations: Instructions to negotiator will concern price and terms of
payment.
4. Conference with J&gaj Counsel - Existing Litizat'on - Government Code
Section 54956.9(a)
A. MROSD v. Ireland
(7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS
ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
ADOPTION OF CONSENT CALENDAR -- B. Crowder
APPROVAL OF MINUTES
August 12, 1998 'Consent Item)
WRITTEN COMMUNICATIONS
BOARD BUSINESS
(7:45) 1. Accept Resignation of Director D. Smemoff, and Establish Procedure for
Filling of Ward 4 Board Vacancy; Determination Whether the Board Vacancy in
Ward 4 will be Filled by Appointment or by the Election Process; If
Determined to Fill the Vacancy by Appointment the Board Needs to: 1)
Approve the Application Form to be Used; 2) Reaffirm the Use of the General
Criteria for Appointment to the Board of Directors, or Modify Them as They
Deem Necessary; 3) Reaffirm the Use of the Procedures for Interviews or
Modify Them as They Deem Necessary; 4) Establish a Timeline for Filling the
Vacancy, Including Setting the Dates for the First and Second Round of
Interviews, Assuming They Reaffirm the Procedures for Interviews; and If They
Decide to Fill the Vacancy by Calling an Election, Establish the Date of the
Election and Staff Return with Appropriate Resolution for Calling the Election
and Requesting Consolidation Services from Santa Clara County -- C. Britton
(8:00) 2. Elect Vice President for the Midpeninsula,Regional Open Space District Board
of Directors -- D. Dolan
(8:10) 3. Proposed Addition of Lanphear Property to Mt. Umunhum Area of Sierra Azul
Open Space Preserve; Determination that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act; Tentative
Adoption of the Preliminary Use and Management Plan Recommendations,
Including Naming the Lanphear Property as an Addition to the Mt. Umunhum,
Area of Sierra Azul Open Space Preserve; and Indicate Their Intention to
Meeting 98-19 Page 3
Withhold the Property from Dedication as Public Open Space at this Time -- M.
Williams
Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer
to Execute Certificate of Acceptance of Grant to District, and Authorizing
General Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve -
Lands of Lanphear)
(8:15) 4. Increase in Contract for Construction of Three Restroorn Units, One Each at
Skyline Ridge, Monte Bello, and Windy Hill Open Space Preserves in an
Amount Not to Exceed $7,500 and Authorization for Staff to Execute Changes
to the Contract with Restroom Facilities Corporation of Reno, Nevada, for a
Sum Not to Exceed $7,500 (Bringing the Total Contract Amount to %57,500)
for Additional Expenses or Changes Encountered During Installation of Three
Prefabricated Restroorn Units -- R. Anderson
(8:20) 5. Authorization to Solicit Bids for Equipment Storage Building Improvements at
the Skyline Field Office, Skyline Ridge Open Space Preserve and Authorization
for Staff to Solicit Bids for Equipment Storage Building Improvements at the
Skyline Field Office -- J. Cahill
(8:25) 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.
Rqponai Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-18
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
August 12, 1998
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:00 P.M.
Members Present* David Smernoff, Mary Davey, Betsy Crowder, Ken Nitz, Jed
Cyr, and Peter Siemens.
Members Absent* Nonette Hanko
Personnel Present* Craig Britton and Sue Schectman.
II. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose
of discussing Closed Session Agenda Items 1, 2, 3 4, and 5.
The Board recessed to Closed Session at 6:01 P.M. and the Closed Session
commenced at 6:05 P.M. The Board concluded the Closed Session at 7:20 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.
Additional Personnel Present: Deirdre Dolan, Michael Williams, Mary de
Beauvieres, Gordon Baillie, Lisa Zadek, Del Woods, Matt Freeman, and David
Topley.
III. ORAL COMMUNICATIONS
John Mason, 3341-2 Brittan Avenue, San Carlos, described the view from his home
at Brittan Heights Condominiums and asked that the matter of cutting the eucalyptus
trees on Pulgas Ridge Open Space Preserve be placed on a future agenda. He
expressed opposition to the tree cutting.
K. Nitz announced that Jodi Isaacs will be meeting with the neighborhood on
September 29 and said he would like a report from her on that meeting at the first
Board meeting in October.
3,30 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200
FAX:650-691-0485 - E-mail: ryirosci@openspace.org - Web site:www.openspac(,.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff,Nonette flanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L..Craig Britton
Meeting 98-18 Page 2
C. Britton referred to a response to a written communication from Jeffrey and
Janice Fincher on the same subject. He told Mr. Mason removal of the trees would
be a 20-year project and that there would be an informational report from staff on
the October 14 agenda. Mr. Mason and other interested parties will be notified.
Sally Boyd, 3352 La Mesa Drive, San Carlos, resident at Brittan Heights
Condominiums, said that many of the residents do not want the trees cut. She read
a letter from one of her neighbors and said they want to maintain the greenness of
the area. In regard to replanting the area with native trees, she said it takes a long
time for trees, to grow.
B. Crowder said she would like to amend the letter to the Finchers to make sure
they know there will be a neighborhood meeting.
IV. ADOPTION OF AGENDA
Motion* J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the
motion. The motion passed 6 to 0.
V. ADOPTION OF CONSENT CALENDAR
Motion* J. Cyr moved that the Board adopt the Consent Calendar, including
approval of the minutes of the July 8 and July 22, 1998 Regular and
Special Meetings; replies to written communications from Mr. Peter
Donohue, 792 Arguello St., Redwood City; Jeffery and Janice Fincher,
3341 Brittan Avenue#9, San Carlos, amended to include notification of
the September 29 meeting with District staff; and Sharon Clifford, 2360
Damascus Ct., San Jose; agenda item 4, Authorization to Solicit Bids
for Two All Terrain Vehicles; and Revised Claims 98-15. P. Siemens
seconded the motion. The motion passed 6 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 1 - Proposed Addition of Lindner EtaWjU to Mt. Umunhu
Area of Sierra Azul Q= Space Preserve; Determination that the
Recommended Actions are CategoricaUy Exempt from the Californi
Envi=mental QlWity Act; Tentative Adoption of the Preliminary Use and
Manazement Plan Recommendations Including Naming the Lindner E=rty-m
an Addition to the Mt. Umunhum Area of Sierra Azulb= S= Preserve;
and Indicate Their Intention to Withhold the Proputy from Dedication as Public
Q= Space at This Time - (R=rt R-98-1021.
Meeting 98-18 Page 3
I
I
I
M. Freeman showed the location on a map and presented slides of the property.
He said there are no structures of any kind on the property, and noted that this
is the largest unprotected area on the Loma Prieta ridge within District
boundaries between Loma Prieta and Mt. Umunhum.
i
M. Williams outlined the terms and conditions of the acquisition.
i
Motion: D. Smernoff moved that the Board determine that the
recommended actions ons are categorically exempt from the
California Environmental Quality Act as set out in the staff
report; adopt Resolution 98-30 a Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement, Authorizing
I
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 Lindner
et al.); tentatively adopt the Preliminary Use and Management
Plan recommendations contained in the staff report, including
naming the Lindner property as an addition to the Mt. Umunhum
area of Sierra Azul Open Space Preserve; and indicate their
intention to withhold the property from dedication as public open
space at this time. K. Nitz seconded the motion. The motion
I
passed 6 to 0.
I I
B. Agenda Item No. 2 - Pnmosed Acquisition of Undivided One-Half Interest in
the Nead et al. Property as an Addition to Long Ridges Q= Snare Preserve;
Determination that the Recommended Actions are Categorically Ex=n from
the California Environmental Quality Act; Tentative Adoption of th_e
Preliminary Use and Management Plan Recommendations Including Nami g t_eh
Ne?d et al. Propaly as an Addition to the LongRidge Q=Space Preserve;
and Indicate Their Intention to Withhold the Proms from Dedication as Public
Q=SM=at This Time-_(E ,tx2rt R-98-104).
S. Schectman addressed legal issues, referring to correspondence from attorneys
for the Mecklers and Neads. The Meckler's attorney asserted that the Neads did
not have the authority to convey their one-half interest to the District. The
Neads' attorney confirmed that the note and deed of trust will be removed
which is a condition of the purchase agreement. In addition, they have signed
an indemnity agreement that is an amendment to the purchase agreement.
D. Woods described the property and showed slides. He said he understood
I
I
I
I
Meeting 98-18 Page 4
I
that the buildings belong to the other half interest holder and they would have j
rights to that area just as the District has certain rights to the property. He
showed on a map where Ward Road comes within 500 feet of the northwest
corner of the property and how to get to Oil Creek. D. Woods said he
understood that clients for the former use access the property on Ward Road
from the top. He said it was his understanding that bicycles were not supposed
to be on Ward Road.
C. Britton said when the District bought Long Ridge Ranch it was typical that
no one had an easement but it was based on use. He said they bought Long
Ridge for two reasons: 1. Bay Area Ridge Trail crossover. 2. In conjunction
with Sempervirens fund, they were looking for a way to get from Skyline to
Portola State Park. They looked at five alignments: Oil Creek, Ward Road,
Slade Creek, Peters Creek, and the Old Page Mill Road. He described the
sequence of acquisitions, noting that the District is the only agency willing to
acquire the half interest in this property. He said in the long run they would
probably transfer this property to the State or enter into a mutual management
agreement with the State.
M. Williams reported on the terms and conditions of the deal. He said the
property is subject to a joint ownership agreement. The Mecklers have a 30-day
right of first refusal. If they exercise that right, the District will not be able to
I
acquire this property. The District will work with the owners to reach a
mutually agreeable means of managing the property between public and private
uses. He said the other owner is not interested in selling at present.
i
Motion: M. Davey 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 98-31 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 (bong Ridge Open Space Preserve- Lands of Nead
et al.), with the purchase agreement amended to include the
indemnity agreement; tentatively adopt the Preliminary Use and
Management Plan recommendations contained in the staff report,
includingnaming the Nead et al. property as an addition to the
g P Pe
rty
Long Ridge Open Space Preserve; and indicate their intention to
withhold the property from dedication as public open space at this
I
I
I
--- - - - - - - -
Meeting 98-18 Page 5
time. P. Siemens seconded the motion.
Discussion* Regarding the reference to a timber permit in the letter from
attorneys, M. Williams said neither he nor the Neads were aware
of one.
YD= The motion passed 6 to 0.
M. Williams introduced Dennis and Carol Nead.
C. Agenda Item No. 3 - Final Adoption of an Amendment to the Use and
Management Plan for Windy Hill Q= Space Preserve to Upgrade the S-
RidLye Picnic Area and Install a Commemorative Bench on Anniversary Trail -
(port R-103).
M. de Beauvieres presented the staff report and showed a scale drawing and
slides of the project.
C. Britton said H. Haeussler's concerns about the hitching rail had been
addressed, as were the location of the picnic table in relation to the restroom,
and the visibility of the sign.
M. de Beauvieres said the grading in the parking lot had not been done yet and
will be scheduled for this fall. It was tentatively approved at a previous
meeting. She said they have been working with POST regarding the bench.
C. Britton said the bench is commemorating Ward Payne, Tom Ford, and Mel
Lane. POST is giving $25,000 for improvements to the area.
M. de Beauvieres said the bench will be on Anniversary Trail close to the hang
gliding takeoff area.
Motion: K. Nitz moved that the Board adopt the amendment to the Use
and Management Plan for Windy Hill Open Space Preserve to
Upgrade the Spring Ridge Picnic Area and Install a
Commemorative Bench on Anniversary Trail. D. Smernoff
seconded the motion. The motion passed 6 to 0.
D. Agenda Item No. 5 - Authorization for the President of the Board of Directors
to Sign an Argument in Favor of the Advisory Measure for the November 3.
1998 Ballot Regarding Potential District Annexation of San Mateo County
Coastal Arms - (E=rt R-98-105).
Meeting 98-18 Page 6
M. Davey outlined the recommendations of the Ad Hoc Committee.
Motion: M. Davey moved that the Board authorize the President of the
Board of Directors to sign an argument in favor of the District
Advisory Measure for the November 3, 1998 ballot regarding
potential District annexation of San Mateo County Coastal Area.
D. Smernoff seconded the motion.
Discussion* In answer to a question about staff and Board involvement in the
election, S. Schectman said the law prohibits the use of District
funds or personnel to campaign on a measure; however,
individual Board members are free to express their views, and the
Board is allowed to take a position on a measure so long as it is a
publicly noticed item. They can sign arguments and pass a
resolution of opposition or support. There should be no other
involvement by District personnel.
Y-Ok: The motion passed 6 to 0.
E. Agenda Item No. 6 - Right of W-U Contract and Grant of Easement to Caltrans
for Emergency RcUairs to State Route 84 (U Honda Road) - Thornewood Q=
Space Preserve and Determination that the Recommended Actions are
Stabitorily Exempt from the California Environmental Quality Act - OKcp=R-
98106)&
M. Williams presented the staff report.
S. Schectman added that one of the reasons this took so long was this was a
legal dispute in which Caltrans contended that the condition of the District's
property caused the slide while the District position was that it was the Caltrans
improvements that caused the slide because the site was otherwise in a natural
condition. They reached an agreement in January 1997. In the event of a
future dispute each party has reserved their rights.
C. Britton mentioned since this is dedicated land, the Board has to make an
additional finding as part of the resolution that the granting of the easement is
consistent with the primary use of the land.
S. Schectman said Caltrans agreed that the easement deed language is consistent
with the statute that says it cannot be conveyed to another entity and can
continue to be used for open space purposes.
Meeting 98-18 Page 7
Motion: M. Davey 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; and
adopt Resolution 98-32 a Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District Approving and
Authorizing Acceptance of a Right of Way Contract, Authorizing
the President of the Board or Other Appropriate Officer to
Execute an Easement Deed to State of California and Authorizing
General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing the Transaction
(Thomewood Open Space Preserve - Caltrans). J. Cyr seconded
the motion. The motion passed 6 to 0.
VII. INFORMATIQNAL REPORTS
P. Siemens gave staff a flier regarding an herbicide used in El Dorado County to
combat star thistle. He was informed that the District staff is using the herbicide,
Transline, at this time.
B. Crowder talked about her trip to Alaska and the Yukon.
D. Smernoff thanked the District for granting a permit for his wedding at Thomewood.
He submitted a letter of resignation, stating he was moving from the ward he
represented at the end of August. He said it had been an honor and pleasure to work
for the District and said he would continue to volunteer. Board and staff members
joined in a standing ovation to Director Smemoff.
C. Britton said the letter of resignation will be brought to the first meeting in
September for consideration by the Board.
J. Cyr said he had spent Sunday with Ranger Tom Randall in the southern part of the
District and had hiked in Rancho Guadalupe. He said he would be spending the next
day with Ranger Kerry Carlson on his evening shift and would like to spend a shift
with an OPEN SPACE TECHNICIAN. He asked to be informed about any
postponement of the bum scheduled for August 18. He mentioned a letter to the editor
which appeared in the San Jose Mercury News and was related to the District.
K. Nitz said he had spent Sunday in the District's information booth at Cupertino's Art
and Wine Festival. C. Britton said volunteers are being trained to work at the
Mountain View festival.
Meeting 98-18 Page 8
C. Britton reported as follows: 1. He gave an update on the State budget which
includes a 25% cut in vehicle fees. He referred to a letter to Gov. Wilson in the FYIs
supporting the budget line item earmarking $450,000 for development of the riding and
hiking trails transferred to the District by AB1366. 2. There was a memo in the FYIs
regarding addition of the Georgette Managhan 1/42 interest in the Kirschbaum
property, the third 1/42 interest acquired by the District. 3. A memo in the FYIs
talked about providing retail stores with District maps. 4. There was a meeting notice
in FYIs which was sent out to those interested in the Basic Policy document adoption
which was scheduled to be heard at this meeting. It will be rescheduled, probably in
late November. 5. The Sonoma County Farm Bureau list of problems with trails was
in the FYIs. 6. There was a letter regarding a running incident at Rancho. He did not
think it was appropriate to issue permits for group uses of any kind and that events such
as the one that occurred should not take place at that preserve.
D. Dolan mentioned that she needed Board Members' signatures for the booklet for the
staff recognition event on September 15. She informed the Board that the District
saved $39,000 by not listing unopposed Board candidates on the ballot.
D. Woods said he attended the Bay Trail Project reception for Senator Lockyer in
honor of his retirement and his vision in sponsoring the Bay Trail.
VHL ADJO
At 8:55 P.M. the meeting was adjourned.
Roberta Wolfe
Recording Secretary
� Claims No. 98-15 �
�
Meeting98-18
Date:August 12. 1998 �
Revised
K8|[JPEN|NSULA REGIONAL OPEN SPACE DISTRICT
�
# Amount Name Description
4525 151.90 Acorn Naturalist Resource Docume7ts-Nature Center
4526 425.00 Aaron's Septic Tank Service Sanitation Services �
4527 G3480 Acme SanitationServices
. �
4528 126.68 AOT Security Systems Alarm Services
�
4538 238.42 Ajax Portable Services Sanitation Services
�
4530 124.48 KhotiAJtieh Vehicle Expense
4531 47.78 Randy Anderson Vehicle Expense �
4532 71.82 ANG Newspapers Notice of Election-Advertisement �
4533 19B85 Arno' SignInc. Logo. Co.,.' . �
4534 20.35 A T & T Telephone Services
� 4535 105.00 Bartlett Tree Experts Tree Maintenance �
4538 38O �O Battery-TechRadio Batteries
�
� . Inc.'
� 4537 25.00 Bay Area Air Quality K8enoQennemt District Fuel Nozzle Permits �
4538 1,230.41 Big Creek Lumber Retaining Wall Lumnber-FENYAProject
� 4539 180.00 Bi||'a Towing 8kRecovery Towing Services
4540 18,113.75 Biological Mediation Systems, Inc. Monte BaUm Backpack Camp Rest room
� 4541 2,575'00 Louis BordiGenero] Engineering Grading Services-Skyline �
�
4542 39,028.25 Brazil's Excavating, Inc. Shilling Lake Spillway Landslide Repair �
� 4543 584.00 Brien Kongmm Fou|k Engineers Hydraulic Analysis Report-Teague Hill �
4544 1'412'50 Jane Buxton Ross & FEK8A Project Consultant
4545 204.27 Communications & Contro|, Inc. ' Mt. Unmunhunm Water Pump Electricity
�
4546 110.85 Cal-Line Equipment Inc. Chipper Equipment Parts
4547 298.78 California Water Service Company Water Service �
4548 856.61 CeUanderAmmociatem Parking Lot Design Consultants-Windy Hill �
4549 70.00 Camino Medical Group K0edioo| Services �
4550 1'701.38 Caroonite International Rood Markers & Decals
4551 904.01 Cascade Fire Equipment-Company Fire Equipment & Supplies �
4551 103.18 Cole Supply Company Inc. Janitorial Supplies �
45.52 2,450.05 °1 CwmpurunSyoternm Computer /& Upgrades �
� 4553 2,931.40 ConnpurunSystanno Computer & Upgrades �
� 4554 468.86 Cootoo VVho|eao|o Meeting &^ Office Supplies & � Drill. �
4555 49.50 Cougar Couriers Express Courier Service
4556 60'34 Laurie Crook Reimbursement--Frames
� 4557 5,145'15 Dell Computers Computers �
� 4558 7,835.90 Design Concepts-Deborah Mills Graphics & Design for Newsletters & Mop �
4558 1,180'00 °2 Divine Catering . Recognition Event Catering �
4560 134.22 Emergency Vehicle Systems Vehicle Ugh1borRepairs
4661 550.00 Kevin Emery Builder Enterprise Rental Repair
4562 199'000.00 First American Title Insurance Company Need Acquisition �
4563 159,000.00 First American Title Insurance Company Lindner Acquisition
4564 158.56 Foster Brothers Security System, Inc. Locks & Keys
4565 30.30 G & K Services Shop Tovvo| Service- '
4686 27.78 G. P. Sports Tail light for ATV
4587 1,886.20 Gardmn|and Power Equ`prnent Field Supplies and Tools
4588 335.92 (3oodoo Press Inc. NCR Form Printing
4569 242.53 Goodyear Auto Service Center Tires
4570 151.71 <3ranitorouk Field Supplies
Page
|
|
i
Claims No. 98-15
Meeting 98-18
Date: August 12, 1998.
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4571 600.00 Grant Thornton LLP Annual Auditors
4572 1,425.00 Greenbelt Alliance/Greenlnfo Patrol Map Book Designers
4573 429.00 GreenWaste Recover Inc.
Y, Dumpster Service
4574 131.54 GTE Wireless Cellular Phone Service
4575 31.05 Hawkins Traffic Safety Supply Parking Signs
4576 3,799.58 Hertz Equipment Rental Dozer Rental
4577 101.47 The Home Depot Deer Hollow Farm Supplies
4578 11.99 Honda Peninsula Motor Oil
4579 234.87 Hyster Sales Company Equipment Rental & Parts
4580 1,561.20 Irvine & Cooper Law Offices Legal-MROSD vs. Esperson-Rodriquez
4581 868.05 Irvine & Cooper Law Offices Legal-MROSD vs. Ireland
4582 310.38 Jodi Isaacs Vehicle Expense
4583 6,500.00 Frank W. Isidoro Foothills Grading Services
4584 492.61 Jakaby Engineering La Honda Creek Bridge & Barn Consultant
4585 3,139.25 Javelco Equipment Service, Inc. Wacker Tamper
4586 22.00 Kevins Auto Repair Vehicle Smog Check
4587 408.08 Anne Koletzke FEMA Project Consultant
4588 42.98 Kragen-CSK Auto Vehicle Supplies
4589 109.31 Langley Hill Quarry Drain Rock
4590 43,308.28 *3 Lasher Dodge, Inc. Two Vehicles-Operations Department
4591 221.87 Los Altos Garbage Company Dumpster Service
4592 461.64 Lucent Technologies Phone Maintenance Service
4593 703.25 Merwin.Mace Acquisition Consultant
4594 22.84 Madco Welding Supply Company, Inc. Welding Gas
4595 461.05 MCI Long Distance Phone Service
4596 2,232.87 MetroMobileCommunications Radio Repair and Servicing
4597 849.64 Micro Accounting Solutions Computer Products & Servicing
4598 705.77 Minton's Lumber & Supply Field Supplies
4599 280.37 Moffett Supply Company Sanitation Supplies
4600 50.00 National Recreation and Park Association Annual Subscription Renewal
4601 1,183.92 Navarone Mailing Services Summer Newsletter Printing
4602 386.51 Noble Ford Tractor, Inc. Tractor Radiator Repair
460
3 80.39 Northern Energy Propane ane Service
4604 142.32 Office Helper Products Office Supplies
4605 1,320.00 Overhead Door Company of Santa Clara Valley Ranger Residence Garage Doors
4606 364.97 Pacific Bell Telephone Service
4607, 414.83 Peninsula Blueprint, Inc. Printing and Blueline Services
4608 792.47 Pine Cone lumber co., Inca Fence Materials--Windy Hill
4609 556.69 Pip Printing Map, Business Card & Newsletter Printing
4610 101.39 Porter Rents Forum Rental Supplies
4611 636.60 Town of Portola Valley Town Planner Retainer -Parking Lot Dev.
4612 123.12 Powerland Equipment, Inc. Tractor Parts
4613 5.36 Rancho Cobbler Boot Dye
4614 35.43 R.E. Borrmann's Steel Company Angle Iron for Table Repair
4615 34.13 Rayne Water Conditioning Water Service
4616 43.26 Reed & Graham, Inc. Road Repair Materials
4617 39.50 Rich's Tire Service Tire Repair
4618 458.31 Roy's Repair Service Vehicle Maintenance & Repair
4619 659.35 Russ Enterprises Signs
Page 2
I
Claims No. 98-15
Meeting 98-18
Date:August 12, 1998
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4620 200.20 San Francisco Chronicle Annual Subscription
4621 51.85 David Sanguinetti Reimbursement--Boot Repair
4622 527.45 San Jose Mercury News Election Notice Advertisement
4623 42.22 San Mateo County Times Subscription
4624 93.10 Santa Cruz Sentinel Election Notice Advertisement
4625 284.88 *4 Second Cup Business Meeting Expense
4626 644.60 John Shelton, Inc. Culverts
4627 266.62 Skyline County Water District Water Service
4628 97.42 Space Designs Office Chair Maintenance Parts
4629 381.18 Shell Oil Fuel
4630 254.14 Signs of The Times Signs
4631 80.08 Skywood Trading Post Diesel Fuel
4632 178.48 Sportif Wholesale, Inc. Uniform Shorts
4633 1,250.00 State of California Dept. of Fish & Game Resource Document Database-Planning
4634 408.44 State of CA Department of General Services Vehicle Procurement Fees
4635 18.00 State Board of Equalization Diesel Fuel Tax
4636 9,902.79 Stevens Creek Quarry, Inc. Road Grading and Rock
4637 237.07 Summit Uniforms Uniforms
4638 3,520.00 *5 Sun Valley Tree Care, Inc. Tree Removal Service
4639 150.00 Terrasearch Inc. Geotechnical Services--Bridges
4640 69.00 Touchatt Trucking Rock Delivery--Saratoga Gap Trail
4641 15.20 Turf & Industrial Equipment Co. Equipment Parts
4642 58.37 University Art Center Graphic Supplies
4643 15.34 Unocal Fuel
4644 4,000.00 *6 U S Postmaster Postage
4645 98.93 U S Rentals, Stump Grinder Rental
4646 381.87 Wheel Works Tires
4647 300.00 Roberta Wolfe Recording Services
4648 85.64 Yardbird Equipment Sales Bushcutter Blades and Parts
4649 143.98 Lisa Zadek Vehicle Expense
4650R 196.36 Custom Alignment Vehicle Maintenance
4651R 275.47 *7 Compurun Systems Computer Upgrade
4652R 430.71 Petty Cash Business Meeting Expense, Field Supplies
Office Supplies, Nature Center Supplies,
Printing Services, Film Development,
Vehicle Maintenance &Repair's and
Volunteer Supplies
*1 Urgent Check Issued July 28, 1998
*2 Urgent Check Issued July 23, 1998
*3 Urgent Check Issued August 04, 1998
*4 Urgent Check Issued July 23, 1998
*5 Urgent Check Issued July 23, 1998
*6 Urgent Check Issued July 28, 1998
*7 Urgent Check Issued August 12, 1998
TOTAL 550,905.16
Page 3
Darwin Patnode, 01:06 PM 8/10/98 Eucalyptus trees in Pulgas Rid
Return-Path: patnode@smcccd.cc.ca.us
From: Darwin Patnode <patnode@smcccd.cc.ca .us>
Reply-To: "patnode@smcccd.cc.ca.us" <patnode@smcccd.cc.ca .us>
To: " 'mrosd@openspace.org l " <mrosd@openspace.org>
Subject : Eucalyptus trees in Pulgas Ridge
Date: Mon, 10 Aug 1998 13 : 06: 45 -0700
Organization: San Mateo County Community College District
X-Rcpt-To: mrosd@openspace.org
I live near Pulgas Ridge and oppose the cutting down of eucalyptus
trees . These are beautiful trees that have stood for many years
without challenge. They are an important part of the total Pulgas
Ridge scene. The only reasons I see given for cutting them down are
that they are "non-native and invasive. " Of course, the same could
be said of the white man, of environmental groups, etc. , so those are
. not very sound reasons.
Please give this message to Betsy Crowder and Ken C. Nitz .
Thank you very much.
Darwin Patnode, Executive Director
Foundation for San Mateo County Comm College District
3401 CSM Drive
San Mateo CA 94402
Tel . 650 574-6229; Fax 650 574-6566
RESPONSE ACUOY PROPOSED BY SSAYY
Board Presidout Acknowledge/Respond
Director Ackaowladga/Respond
Staff Acknowledge/Respond
- Draft Response Attacked
Scaff co b• Dirattsd to Prepare Draft
Response for Roazd Consideration par
Board Directiws(s)
No Response necessary
Printed for Open Space District <mrosd@openspace.org> 1
i
12v'rsinnall7nnn a!'P
DRAFT RESPONSE
j
PREPARED BY STAFF
FOR BOARD CONSIDERATION MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Darwin Patnode
Executive Director
Foundation for San Mateo County Community College District
3401 CSM Drive
San Mateo, CA 94402
Re: Eucalyptus Trees, Pulgas Ridge Open Space Preserve
Dear Mr. Patnode:
Thank you for your e-mail of August loth, asking us to preserve the Eucalyptus trees in
Pulgas Ridge Open Space Preserve. We understand your feelings about these trees. They are
picturesque and people have come to appreciate them as an integral part of the California
landscape. The District, like the National Park Service and other resource protection oriented
organizations, has recognized that Eucalyptus are an invasive, non-native species that over
time will crowd out native vegetation, and there is evidence that this is occurring at Pulgas
Ridge. They also inhibit the growth of any vegetation beneath them, further reducing natural
habitat values. Because the District's management responsibility is intended to protect the
natural resources in perpetuity, we must consider the long term impacts of any action or lack
of action.
Because the Eucalyptus are not so invasive as the Acacia at Pulgas Ridge, they are currently a
low priority for management, but ultimately we propose to remove them: We expect to be
focusing on the Acacia for the next several years. When the time comes, the removal of the
Eucalyptus would be done gradually, due to our limited financial resources, and to avoid
significant short term visual impact. If you would be interested, there is currently scheduled
an informational meeting on the District's resource management program at Pulgas Ridge
Open Space Preserve set for 10 A.M., September 29 at the Brittan Heights Club House.
Attached for our information are excerpts from the District's ado
pted Resource Management
e
y rP oP g .
Policies covering vegetation management. These policies were adopted with a great deal of
research and public input, including consideration of the viewpoint you have stated. We are
sorry we cannot comply with your request, but we hope this letter provides some reassurance
that the removal of the Eucalyptus will be slow in coming and very gradual.
Sincerely,
Betsy Crowder, President
Board of Directors
I
cc: MROSD Board of Directors
BC:bra
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 • Genera!Manager:L.Craig Britton
I
October 1994 VEGETATION MANAGEMENT
i
Policies and Implementation Measures
4.1 Maintain the diversity of native plant communities.
• As part of the Resource Management Plan for a preserve or geographic area: map and describe
plant communities; analyze successional trends . using aerial photographs, sequential
photographs from set photo points, and where necessary, plant transects; and formulate site-
specific vegetation management goals.
• Identify appropriate areas for restoring lost or altered native plant communities.and restore
them to a natural condition. This is often best done by restoring natural processes and
controlling invasive plants, rather than by planting. (See 3.1.)
• Manage native grassland sites to encourage reestablishment and perpetuation of California
native grasses.
• Manage oak woodland to encourage reestablishment and perpetuation of California native oaks.
• Control invasive non-native plants. (See Section 6.)
4.2 Use native material occurring naturally on site or on similar sites for vegetation
replacement or enhancement projects.
• Use only local seed sources to revegetate or enhance degraded areas. The bUI source of
native seed is topsoil taken from adjacent intact habitat and applied thinly.
• Use fill, mulch, and seed mixtures that are as free as possible of non-native plants in restoration
projects. Know where such materials come from. (See 8.1 for possible exception.)
• Set up a District plant nursery or work with a local nursery to grow native plants needed for
restoration projects.
• To control erosion after fires, avoid seeding with grass, fescue Harding grass, or
aggressive I I I otheragg ess e plants. Barley is preferable.
• Use locally collected plant material that is biologically and visually appropriate to the
surrounding wild landscape and appropriate to the stage of plant community development at
the site. _
• Encourage District tenants to use native plants for landscaping to provide natural habitat.
4.3 Protect and enhance habitat for special status plant species.
(Special status plants include state and federally listed threatened, rare, and endangered
species, species of special concern, and species listed by the California Native Plant Society.)
• Identify the location and condition of special status plants and their habitats as part of the
Resource Management Plan for a preserve or geographical area. '
• Conduct surveys for special status plants during the appropriate flowering season before
significant site-specific development or any unusual anticipated increase in use. Modify the
project or use to avoid impacting such plants.
I
• Protect areas with special status species from human activities and other negative impacts such
as erosion. Examples of protective measures include trail rerouting, signs, and fencing.
i • Do not transplant naturally occurring wild plants as a mitigation measure, except as a last
resort.
4-3
_ }
August9, 1998 RECEIVED
Board of Directors n
AUG
MROSD
330 Distel Circle iar4'V3iJULA RcCiO<<s;L
Los Altos,CA 94022 ;; °� ,'" '^
Board Members and Staff:
Attached is an email that I posted to the ROMP list back in May.Although my comments were
also addressed to Malcolm Smith and MROSD, it was pointed out to me that it may not have
been given to the Board,so here it is.
I also have to add some follow up comments to my attached email. On June 10 or 11 your trail
machine was used to doze the entire length of the Seven Springs Trail in Fremont Older OSP.
That trail survived this past winter nicely,with only three small slides that could be cycled across.
They could have been removed with only a shovel.But thanks to the use ofyour'dozer,the
formerly solid trail bed is now mostly loose dirt.My wife and I lead Tuesday evening mountain
bike rides in Fremont Older during the summer months,and so far we have had two experienced
cyclists crash on that trail as a result of your ruining the packed trail bed and leaving loose dirt.I
followed a less experienced rider down it on one of our rides and watched as he lost control in the
loose dirt and almost fell as well.Fortunately he recovered.I would like to point out that he was
going less than 10 mph.The ruination of this trail by your staff is gross negligence.I can only
conclude that your staff has too much free time and MROSD has too much money to waste on
totally uncalled for trail"maintenance".I would also like to know why it was dozed in June,with
no guarantee of significant rain to help pack the loose dirt.Your staff should know better than
that. Why was it done?
Thank you,
Glenn Wegner
10200 Hillcrest Rd.
Cupertino,CA 95014
RESPONSE ACTION PROPOSED By STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
Staff to be Directed to Prapara Draft
Response for Board Consideration par
Board Directive(.)
No Response Necessary I
` Page 1 of 2
From: Glenn Wegner<genn@exar.com>
To: romp@cycing.org<romp@cyding.org>
Date: Wednesday, May 27, 1998 10:20 AM
Subject: Re: Memorial-Day-Weekend Report
>From:ff� nst.00m(Fred Stanke)
> .... Also,all of the Toyon trail in Fremont
>Older is apparently open, ie, even the section just off of the Knoll.
>The very bad news: In Montebello preserve,there is a section of
>single track on the ridge extending from the Backpack camp to the top
>of Buena Vista trail. This has been, I believe,permanently dosed
>and replaced by a dozed trail whose lineage is closer to fire roads
>than single tracks. It has a very even grade,achieved by winding
>along the features just below the ridge. As a technical rider of very
>moderate ability, I will sorely miss the dosed ridge trail. The
>first time I saw it, I chose not to do it. Later, I learned to do it,
>and always enjoyed ft. And one section,in one direction,was always
>a bit iffy for me: a challenge, and a safe challenge. Safer, I
>expect,than the new trail which will encourage high speeds around
>blind comers. But if fast vibration from fresh Cat tracks is your
>thing, get up there quick, because they won't last forever.
> Happy trails,
> Fred
TO: Malcolm Smith and the MROSD staff,
and the ROMP list
I have to add a few comments to Fred's. Linda and I led our Tuesday
eveningFremont Older ride yesterday,and as Fred i ye ay, pointed out,all
of Toyon is open. Be forewarned, however,the bulldozer was busyl
For all of MROSD's talk on minimizing P trail impacts and concern for
the environment,they sure do not hesitate at bulldozing everthing
to the extremel (it is really bad when I am cycling what used to be
"single track"and I'm thinking to myself,"It's wide enough for my
Jeepl".)
As to Fred's"very bad news", Linda and I rode the new trail Monday.
Fred is 100%correct in his safety assessment-the new trail is
definitely more dangerous than the old.Also,the old trail had a
fantastic view from the top,the new trail lacks this view. 1 was
very disappointed after riding the new trail
I would also like to mention that this is the third trail reroute in
the Cupertino area that has resulted in a more hazardous trait replacing
a safer trail.The first such incident was the northern most section
of Toyon in Fremont Older.A section of trail with a"S"turn through
exposed tree roots was dosed.At an on-site meeting several years ago,
MROSD staff present(including Betsy Crowder)was told by EVERY HIKER,
CYCLIST,AND EQUESTRIAN PRESENT that the new reroute(of which MROSD
was quite proud)was far more dangerous that the original trail.The
"S"turn through tree roots either slowed everyone down or forced
some cyclists to walk their bikes.The reroute hugs the side of the
hill with several blind curves and begs to be ridden fast.The
second reroute was also in Fremont Older.A section of the Seven
Springs Loop used to follow the ridge line down to 2 switchbacks
that were slightly rutted,then a third very tight switchback which
would force most cyclists to walk.The ridge top trail had excellent
visibility and the switchbacks slowed everyone down where visibility
was limited.The rerouted trail follows the side of the hill and...
8/6/98
I
Page 2 of 2 '
you guessed itl has several blind curves and encourages speed.
At the last MROSD meeting
regarding the ECDM trail plan, it was
pointed out by several people that the MROSD staff has lost credibility
with preserve users. 1 really have to wonder how much public input
is needed, and how many unnecessary crashes have to occur before MROSD
staff starts listening to their constituents.
Glenn Wegner
8/6/98
:e
DRAFT RESPONSE
PR
EPARED
FOR BOARD CONSIDERATION �'r~
MIDPENINSULA REGIONAL
O OPEN SPA
CE DISTRICT
Mr. Glenn Wegner
10200 Hillcrest Road
Cupertino, CA 95014
Subject: Trail Use at Fremont Older Open Space Preserve
Dear Mr. Wegner:
Thank you for your August 9, 1998 letter regarding trail use and maintenance at Fremont Older Open Space
Preserve. Your letter was received after the deadline to be considered by the Board of Directors at their
August 12, 1998 meeting. The second meeting in August was canceled, making the September 9, 1998
meeting the first opportunity for the Board to consider your observations.
As a taxpayer-funded agency, we strive to balance and accommodate the interests of a wide variety of user
groups and constituents. As a frequent preserve visitor, I'm sure you are aware that Fremont Older Open
Space Preserve receives heavy use from a variety of user groups, including hikers, equestrians-and mountain
bicyclists. In managing the preserve, we must consider all visitors to the multiple-use trail system. We
have an obligation to the public, as well as to preserve the natural resources, correct erosion problems, and
lessen or eliminate erosion potential, while maintaining the trails for public use. The same trail maintenance
standards are used on the District's remaining 22 open space preserves.
The dry soil conditions at Fremont Older, when combined with the level and type of use that the preserve
receives, require that the trails receive more frequent, ongoing maintenance than other, less popular
preserves. Horse hooves, bicycle tires and hikers' boots leave their mark on the trails and usually require
springtime maintenance to repair the winter's damage and ready the trail tread for the heavy use of spring,
summer and fall. From time to time, maintenance activities will cause unconsolidated soil conditions. This
is unavoidable. The maintenance is necessary, however, to restore proper drainage in order to minimize
erosion.
With the unusually wet winter we had this year, our regular maintenance schedule was delayed while we
cleared the soil slipouts and erosion problems that closed an unprecedented number of trails on District
lands. Typically, there is a very short time period where soil conditions are ideal to enable quick soil
compaction. With approximately 200 miles of trail to maintain District-wide, it is impossible for our
maintenance staff to perform all maintenance activities under ideal soil moisture conditions. We also need to
wait until the ground conditions are dry enough for access by our maintenance equipment. Unfortunately, at
Fremont Older, once the ground begins to dry it does so very rapidly. If the necessary maintenance is
conducted beyond the period of optimum soil moisture conditions, this sometimes causes the loose soil
conditions such as you reported to have experienced.
Again, thank you for writing to express your concerns.
Sincerely,
Betsy Crowder, President
Board of Directors
BC:mdb
cc: Board of Directors
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton
Regional Open we �
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-112
Meeting 98-19
September 9, 1998
AGENDA ITEM I
AGENDA ITEM
Accept Resignation of Director D. Smernoff, and Establish�ure for Filling of Ward 4 Board Vacancy
GENERAL MANAGER'S RECOMMENDATIONS
1) Accept the resignation of Director D. Smernoff
2) Determine whether the Board vacancy in Ward 4 will be filled by appointment or by the election process.
3) If you decide to fill the vacancy by appointment, you need to:
a) approve the application form to be used;
b) reaffirm the use of the general criteria for appointment to the Board of Directors, or modify them as you deem
necessary;
c) reaffirm the use of the procedures for interviews or modify them as you deem necessary;
d) establish a timeline for filling the vacancy, including setting the dates for the first and second round of interviews,
assuming you reaffirm the procedures for interviews.
4) If you decide to fill the vacancy by calling an election,you need to establish the date of the election. Staff would
subsequently return with the appropriate resolution for calling the election and requesting consolidation services from
Santa Clara County.
DISCUSSION
I
Director Smernoff has announced that he moved from his ward as of August 31, 1998, and therefore must resign his
position as director for Ward 4 effective September 1, 1998 (see attached letter dated 12 August 1998). Ward 4 includes
I Mountain View, Moffett Field area and North Los Altos (bounded by Adobe Creek, Foothill Expressway and Springer
Road). As the District's governing body,you can either fill the vacancy by appointment or call an election to fill it. A copy
of Government Code Section 1780, which sets forth the Board's duties in the event of a vacancy, is attached.
i
The Board has a statutory duty to fill the Board vacancy either by appointment or by calling a special election within 60
days of the effective date of resignation. If the Board does neither, the Board of Supervisors of Santa Clara County may,
within 90 days of the vacancy, fill the seat by appointment or may order the District Board of Directors to call a special
election.
The following material summarizes the actions you would have to take to fill the Ward 4 vacancy by Board appointment or
I
by election.
A. Appointment: An appointment should be made within 60 days immediately following the effective date of the vacancy.
A notice of the vacancy must be posted in at least three places at least 15 days before the appointment is made. The
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-98-112 Page 2
person appointed to fill the vacancy will hold office until the next District general election in November 2000,which is
also the regular election date in Ward 4. Other than the required notices there is no required procedure for interviewing
and appointing a person. The Board may adopt such criteria and procedures as it sees fit for this process.
1. Appointment Date: The appointment would have to be made by October 30, 1998, 60 days from the effective date
of D. Smernoff s resignation.
2. Approval of Application Form: The farm used for previous director vacancies is attached.
3. Reaffirm the use of,or modify as you deem necessary,the General Criteria for Appointment to the Board of
Directors:You adopted the attached criteria at your September 23, 1992 meeting. Staff would distribute a copy of
the criteria to all Ward 4 applicants.
4. Reaffirm the use of,or modify as you deem necessary,the Procedure for Interviews:The attached procedures were
also adopted at your September 23, 1992 meeting.
5. Establish a Timetable for Filling the Vacancy: Government Code Section 1780 requires the posting of a notice of
vacancy in three or more conspicuous places in the District at least 15 days before the appointment is made. Staff
would post the notice accordingly,as well as publish notices concerning filling the vacancy in appropriate
newspapers.A letter, signed by the Board president,would be sent to elected officials whose electoral areas
encompass Ward 4. The letter will announce the vacancy and invite them to suggest individuals who might be
interested in serving on the Board.
fill the vacancy b appointment,you should schedule the dates for our first and second
Assuming you determine to Y Y aP1� �Y Y
i
rounds of interviews. These dates would be included in the material distributed to all Ward 4 applicants.A
suggested schedule is attached for your consideration in the event you decide to fill the vacancy by appointment.
B. Election: A special election must be held on the next available election date that is 130 or more days after the vacancy
occurs. This would be March 2, 1999.The person elected to fill the vacancy would serve the balance of Director
Smernoffis term,until November,2000 .
The pro-rata cost of being on the ballot would depend on the number of registered voters in Ward 4,and on whether
other jurisdictions were on the ballot. There are approximately 40,400 registered voters in the ward. The cost could
range from approximately$30,300($.75 per voter)to $80,800($2.00 per voter).
Prepared by:
Peggy Coats,Administrative Analyst
Contact person:
j Deirdre Dolan,Administrative Services Manager
i
i
12 August 1998
Board of Directors and Staff
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Board Members and Staff,
It is with great sadness that I announce my resignation from the Board of Directors of the
Midpeninsula Regional Open Space District.As of August 31, 1998 I will no longer reside
within the Ward 4 boundaries and will end all my Director duties at that time. As you know
I was recently married and my wife and I have decided to start our married life together in
her home in Portola Valley.
Our decision was made even more difficult by the high degree of respect I have for my
fellow Board members and the entire staff of the District.The opportunity to serve on the
Board and to work with all of you has been a rich and rewarding experience. It has been a
privilege to witness and participate in the operation of a truly remarkable organization. I am
confident that the successes we have shared will continue,and that the challenges we still
face will be handled with utmost concern for the land and the public which uses it
The District is public agency which exemplifies the best of our democracy.With
professionalism,integrity,hard work,and humor the District provides the public with the
most valuable of community assets,land protected in perpetuity. It is a mission and vision
which I hold dear, and from which I will not be far.
I look forward to keeping abreast of District business,participating in District volunteer
activities, and more time to get out and enjoy the land!
Thank you all for a tremendous experience.
With highest
gregard,
David T. Smernoff
Director,Ward 4
i
organic cotton paper
I
1 1780. Special districts; method of filling vacancies on elected governing boards; term
(a) Notwithstanding any other provision of law,a vacancy in any elective office on the governing board
of a special district, other than those specified in Section 1781,shall be filled as provided in this section.
The remaining district board members may fill the vacancy by appointment. The person appointed shall
hold office until the next district general election that is scheduled 130 or more days after the effective
date of the vacancy,unless an election is also held on the same date for the purpose of electing a director
'o serve a full term in the same office to which the person was appointed, in which event the person
appointed to the vacancy shall fill the balance of the unexpired term of his or her predecessor.
:appointments pursuant to this subdivision shall be made within a period of 60 days immediately
subsequent to the eftectave date of the vacancy ana a notice of the vacancy shall be posted in three or
more conspicuous places in the district at least 15 days before the appointment is made. In lien of .�
malting an appointment the remaining members of the board may within 60 days of the vacancy an an
election to fill the vacancy. The election shall be held on the next available election date provided by
Chapter f (commencing with Section 1000) of Division 1 of the Elections Code that is 136 or more days
after the vacancy occurs.
(b) If the vacancy is not filled by the district board as specified, or if the board has not called for an
election within 60 days of the vacancy,the city council of the city in which the district is wholly located,or
if the district is not wholly located within a city,the board of supervisors of the county representing the
larger portion of the district area in which the election to fill the vacancy will be held,may fill the vacancy
within 90 days of the vacancy,or the city council or county supervisors may order the district to call an
election to fill the vacancy. The election shall be held on the next available election date provided by
Chapter i (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days
after the vacancy occurs.
(c)(1) If within 90 days of the vacancy the remaining members of the board or the appropriate board of
supervisors or city council have not filled the vacancy and no election has been called for,the district shall
call an election to fill the vacancy. The election shall be held on the next available election date provided
by Chapter 1(commencing with Section 1000)of Division 1 of the Elections Code that is 130 or more days
after the vacancy occurs.
(2) If the number of remaining members of the board fails below a quorum, at the request of the
district secretary,or a remaining board member,the board of supervisors or the city council may waive
the 60-day period provided in subdivision (a) and appoint immediately to fill the vacancy as provided in
subdivision(a),or may call an election to fill the vacancy. The election shall be held on the next available
election date provided by Chapter I (commencing with Section 1000)of Division 1 of the Elections Code
that is held 130 or more days after the vacancy occurs.
The board of supervisors or the city council shall only fill enough vacancies to provide the board with a I
quorum.
(d) Persons appointed to fill a vacancy shall hold office until the next district general election and
thereafter until the person elected at that election to fill the vacancy has been qualified, but persona
elected to fill a Vacancy shall hold office for the unexpired balance of the term of office.
(.Amended by Stats.1986, c. 866, 1 20; Stats.1987, t~ 1184, 2; Stats.1994, c. 923 (S.B.1646), 131.)
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPLICATION FOR DIRECTOR — Ward 4
(Please Type or Print in Dark Ink)
Name
Residential Voting Address
Daytime Telephone Evening Telephone
Fax Email
Please list your community activities and/or work experience
Please indicate why you are interested in serving as Director of the Midpeninsula Regional Open
Space District Board of Directors, and what are your goals for the District for the next 10 years?
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail:mrosdOopenspace.org • Web site: www.openspace.org
What level and types of activities do oufavor n District preserves?What activiti
es do you
oppose?
What do you see as the major issues of the District todayand in the next few ears? Discuss.
Y 1 Y
i
i
I
Please list any additional information about yourself which you would like to include(hobbies,
education, family, etc.)
I �
I �
I
I
I
I
'I
Signature of Applicant Date of Application
Note: all applications will be made available for public inspection. You may use additional sheets
to answer questions.
i
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
GENERAL CRITERIA FOR APPOINTMENT TO BOARD OF DIRECTORS
1. Wants the jobl
2. Involvement in, or awareness of, local government functions and operations
3. Previous attendance at Board meetings
4. Some knowledge or awareness of finance and budget issues
5. Knowledge of and exposure to community service activities
6. Interest time and energy to give to the job
7. Sense of humor
8. Flexibility
9. Sensitivity to the community
10.Ability to work in a team setting
11. Knowledge and awareness of what is going on in the District
12. Not single-issue oriented
13. Breadth of awareness of, and outlook on, kinds of issues District faces
14. Knowledge of how District fits into the greater region
15.Ability to bring strength to and complement current Board, and add a different dimension to
the Board
16.Comfortable with public speaking and working with groups
17.Ability to take the heat in the kitchenl
330 Distel Circle * Los Altos,CA 94022-1404 • Phone-650-691-1200
Fax:650-691-0485 * E-mail:mrosdoopenspace.org • Web site: www.openWace.org
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PROCEDURES FOR INTERVIEWS
First Round
1. Order of appearance of applicants established in a random drawing of names.
2. Each applicant allotted up to eight minutes for opening statement and clarifying questions by
the Board, with a minimum of three minutes for the latter.
3. Round-robin questioning by Board members of applicants for a maximum of 30 minutes each.
4. Each applicant(order determined by another random drawing) will have two minutes
maximum for a final statement.
5. Board recess for 10 minutes.
6. Each Board member casts a signed ballot for up to six top choices for second round interviews.
7. Clerk keeps ballots for later public inspection.
8. Voting tallied and announced by Clerk.
9. The field will be narrowed to half of the original number of applicants, but at least three and at
most six.
10.The candidates receiving the most votes will be those selected for the second round.
Second Round
1. Random drawing for order of appearance.
2. Each finalist allotted 20 minutes for answering questions posed by the Board.
3. Random drawing for order of appearance for final statements.
4. 10 minute recess.
5. Each finalist will get five minutes for summary.
6. Each Board member casts a signed ballot for his or her choice of appointment.
7. Voting tallied and announced by District Clerk.
8. Clerk keeps ballots for later public inspection.
9. If no candidate receives four votes, there will be additional votes on the full list of finalists until
a candidate receives four votes.
10. Board adopts resolution naming appointment to fill the office.
Absence of candidates from interviews—The Board will consider the written application and
supplementary information provided by candidates who cannot attend one or both sessions.
330 Distel Circle * Los Aftos,CA 94022-1404 • Phone:650491-1200
Fax:650-691-0485 e E-mail:mrosdoopenspace.org • Web site: www.openspace.org
PROPOSED SCHEDULE FOR FILLING
WARD 4 VACANCY
BY APPOINTMENT
I September Effective date of D. Smernoff's Resignation
2 September Press release notifying public of Board Meeting September 9 to
consider method of filling vacancy in Ward 4
9 September Board meets to approve filling vacancy by appointment
10-14 September Press release announcing District's intent to fill Ward 4
vacancy by appointment
Posting of notice at least 15 days before appointment is
made of District's intent to fill vacancy
Letter to elected officials whose electoral areas encompass
Ward 4
Publishing of vacancy notice and intent to fill by appointment
in San Jose Mercury News and Los Altos Town Crier
9 October Deadline for receipt of applications for Ward 4
(4-1/2 to 5 week application period)
14 October Regular Meeting: Initial interviews for Ward 4 applicants
21 October Special Meeting: Final interview for Ward 4 applicants
Appointment of new Ward 4 Director
Adoption of Appointment Resolution
Swearing in of New Director
28 October Regular Meeting: Complete interview and appointment process if
necessary.
30 October Last day to fill position by appointment
12 August 1998
Board of Directors and Staff
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Board Members and Staff,
It is with great sadness that I announce my resignation from the Board of Directors of the
Midpeninsula Regional Open Space District. As of August 31, 1998 1 will no longer reside
within the Ward 4 boundaries and will end all my Director duties at that time. As you know
I was recently married and my wife and I have decided to start our married life together in
her home in Portola Valley.
Our decision was made even more difficult by the high degree of respect I have for my
fellow Board members and the entire staff of the District. The opportunity to serve on the
Board and to work with all of you has been a rich and rewarding experience. It has been a
privilege to witness and participate in the operation of a truly remarkable organization. I am
confident that the successes we have shared will continue, and that the challenges we still
face will be handled with utmost concern for the land and the public which uses it.
The District is public agency which exemplifies the best of our democracy. With
professionalism, integrity, hard work,and humor the District provides the public with the
most valuable of community assets,land protected in perpetuity. It is a mission and vision
which I hold dear,and from which I will not be far.
I look forward to keeping abreast of District business,participating in District volunteer
activities, and more time to get out and enjoy the land!
Thank you all for a tremendous experience.
With highest regard,
David T. Smernoff
Director,Ward 4
organic cotton paper
12 August 1998
Board of Directors and Staff
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Board Members and Staff,
It is with great sadness that I announce my resignation from the Board of Directors of the
Midpeninsula Regional Open Space District. As of August 31, 1998 1 will no longer reside
within the Ward 4 boundaries and will end all my Director duties at that time. As you know
I was recently married and my wife and I have decided to start our married life together in
her home in Portola Valley.
Our decision was made even more difficult by the high degree of respect I have for my
fellow Board members and the entire staff of the District The opportunity to serve on the
Board and to work with all of you has been a rich and rewarding experience. It has been a
privilege to witness and participate in the operation of a truly remarkable organization. I am
confident that the successes we have shared will continue, and that the challenges we still
face will be handled with utmost concern for the land and the public which uses it.
The District is public agency which exemplifies the best of our democracy. With
professionalism,integrity,hard work,and humor the District provides the public with the
most valuable of community assets, land protected in perpetuity. It is a mission and vision
which I hold dear,and from which I will not be far.
I look forward to keeping abreast of District business,participating in District volunteer
activities, and more time to get out and enjoy the land!
Thank you all for a tremendous experience.
With highest regard,
David T. Smernoff 3
Director,Ward 4
organic cotton paper
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-111
Meeting 98-19
September 9, 1998 1
AGENDA ITEM 2
AGENDA ITEM
Election of Vice-President for the Midpeninsula Regional Open Space District Board of Directors
GENERAL MANAGER'S RECOMMENDATION
Elect a Vice-President for the District Board of Directors
I
DISCUSSION
f
California Public Resources Code, Section 5535,requires that the Board of Directors shall choose one of
its members President, and another Vice President, who shall act for the President during his or her absence
or disability. With the resignation of Director Smernoff,the office of Vice-President is now vacant, and the
Board should elect a new officer.
i
The appropriate procedure would be for the President of the Board to call for nominations. After the close
of nominations, then pursuant to Section 1.22 of your Rules of Procedure,the election of officers is by
( signed ballots,and the District Clerk counts the ballots. After the election,the ballots are available for
public inspection, if requested.
I I
I I
( I
I �
I �
I I
� I
Prepared by:
( Deirdre Dolan, Administrative Services Manager
I
l
( Contact person:
Same as above
I
I
I
I
I
I
I
I
330 Distel Circle Los Altos,CA 94022-1404 Phone: 650-691-1200
FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton
Regional Open ace
1
R-98-107 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-19
September 9, 1998
AGENDA ITEM 3
AGENDA ITEM
I
Proposed Addition of Lanphear Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California Environmental
Quality Act as set out in this report.
2. Adopt the attached resolution authorizing purchase of the Lanphear property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this
report, including naming the Lanphear property as an addition to the Mt. Umunhum area of Sierra
Azul Open Space Preserve.
4. Indicate your intention to withhold the property from dedication as public open space at this time.
I
DESCRIPTION (see attached map)
The 2.57 acre property being considered for acquisition is located in the Mt. Umunhum area of Sierra Azul
Open Space Preserve, adjacent to the former Rancho de Guadalupe property and approximately 1.5 miles
northwest of Guadalupe Reservoir. The property straddles both sides of Hicks Road and Guadalupe Creek,
which runs parallel to the road. The property is bounded by Almaden Quicksilver County Park to the north
and by District land to the south. The property is accessible from a pullout located along Hicks Road, which
passes through a gated driveway on the District's Rancho de Guadalupe property.
From Hicks Road, the property gently slopes to the north into Guadalupe Creek, a perennial stream
bordered by black cottonwood, sycamore, box elder, and numerous ferns. Just beyond the creek, and
adjacent to the County park, is a higher bench of land derived from floodplain gravel, where a dense stand of
big leaf maple grows. South of Hicks Road, the property climbs through a narrow band of oak woodland
j onto level grassland. There are no structures of any kind on the property.
USE AND MANAGEMENT PLAN
Planning Considerations
I
jThe property is located within an unincorporated area of Santa Clara County and zoned Hillside (HS),
I typically requiring a 20-to 160-acre minimum lot size, dependent upon average steepness of slope. Due to
Santa Clara County's requirements that housing be set back at least 100 feet from Hicks Road (a designated
jScenic Road), and that septic systems be set back at least 100 feet from Guadalupe Creek, it is unlikely that
the property can be developed for residential purposes.
i
330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200
i 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 • Genera!Manager:L.Craig Britton
R-98-107 Page 2
The property is rated in the District's Master Plan as having a very high composite open space value, and is
important in terms of native vegetation, watershed, and scenic protection. According to the Santa Clara
County Trails Plan, the Lanphear property is located very near the intersection of a proposed staging area
and two proposed trails; the Upper Guadalupe Trail, which runs from Hicks Road to Mt. El Sombroso, and
the Almaden-Hicks Loop, a trail route that runs parallel to Hicks Road.
The property is an important addition to Sierra Azul Open Space Preserve in order to protect the diverse
riparian vegetation along Guadalupe Creek, to maintain the integrity of the Hicks Road scenic corridor, and
to consolidate District holdings near Rancho de Guadalupe. Because a portion of the property lying north of
Hicks Road is adjacent to Almaden Quicksilver County Park, the District would seek to enter into a
management agreement with Santa Clara County Parks or transfer this portion of the property to the County
in the future.
Preliminary Use and Management Recommendations
Public Access: Designated Conservation Management Unit; public use will not be encouraged.
Trail Designations: No trails or roads are designated for trail use.
Dedication: Indicate your intention to withhold the property as public open space at this time.
Name: Name the property as an addition to the Mt. Urnunhurn area of Sierra Azul Open Space Preserve.
Signs: Install Private Property and Preserve Boundary signs where appropriate.
Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated.
CEOA COMPLIANCE
Project Description
The project consists of the acquisition of a 2.57 acre parcel of land as an addition to the Mt. Urnunhurn area
of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan
for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan
for the adjacent preserve. The land will be permanently preserved as open space, open to the public, and
maintained in a natural condition.
CEOA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(the California Environmental Quality Act)under Article 19, Sections
15316, 15317, 15325 and 15061 as follows:
i
R-98-107 Page 3
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and
the management plan proposes to keep the area in a natural condition. The use and management plan
specifies the land will not be developed and will remain in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an
area. The District will accept fee interests in the property and maintain the open space character of the area.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This
acquisition will transfer ownership of the property to the District and ensure that it will be preserved as
public open space.
This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under Section 15061, as there is no possibility that the actions may have a
significant effect on the environment.
TERMS & CONDITIONS
The purchase price for this 2.57 acre legal parcel is $10,000 which is payable in cash at the close of escrow. ILI
The purchase price is considered to be fair and reasonable considering the limited development potential of
this parcel. In addition to the purchase price, the District will pay a real estate commission in the amount of
$600.
BUDGET CONSIDERATIONS
1998/1999 Budget for Land Acquisition
g �
New Land Budgeted for Acquisition $11,303,000
New Land Purchased this year (1,586,000)
Lanphear Acquisition proposed on this agenda (10,600)
Acquisition Budget Remaining $ 9,706,400
Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering cash
flow and availability, funds are available for this property purchase. This parcel was identified as an
important addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve for protection of
watershed, riparian vegetation, and scenic backdrop.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been mailed written
notices of this proposed acquisition.
Prepared by:
Matthew Freeman, Open Space Planner I
Michael C. Williams, Real Property Representative
I
Contact person:
Michael C. Williams,Real Property Representative
I
i
i
RESOLUTION
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT, AUTHORIZING OFFICER TO EXECUTE
CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,
AND AUTHORIZING GENERAL MANAGER TO EXECUTE
ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION
(SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF
LANPHEAR)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve as
follows:
Section One. The Board of Directors of the M[idpeninsula Regional Open Space District does .
hereby accept the offer contained in that certain Purchase Agreement between Neil E. Lanphear
and_the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by
reference made a part hereof, and authorizes the President or appropriate officers to execute the
Agreement on behalf of the District.
Section Two. The President of the Board of Directors or other appropriate officer is authorized
to execute a Certificate of Acceptance on behalf of the District.
Section Three. The General Manager of the District shall cause to be given appropriate notice of
acceptance to the seller. The General Manager is further authorized to execute any and all other
documents in escrow necessary or appropriate to the closing of the transaction.
Section Four. The General Manager of the District is authorized to expend up to $2,000 to cover
the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction.
Section Five. It is intended, reasonably expected, and hereby authorized that the District's general
fund will be reimbursed in the amount of$10,600 from the proceeds of the next long term District
note issue. This Section of this Resolution is adopted by the Board of Directors of the ''
Midpeninsula Regional Open Space District solely for purposes of establishing compliance with
the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this
payment expenditure is consistent with the District's budgetary and financial circumstances. There
are no funds or sources of moneys of the District that have been, or are reasonably expected to
be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open
space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness
to be issued by the District. The Board of Directors hereby declares the District's official intent to
use proceeds of indebtedness to reimburse itself for this open space land acquisition project
expenditure.
i
SIERRA AZUL OPEN SPACE PRESERVE
Midpeninsula Regional Open Space District
N
ALMADEN QUICKSILVER
COUNTY PARK
RANCHO/DE GUADA'LUPE PROPOSED
(MROSD) ACQUISITION
LANPHEAR
(2.57 AC.)
Hicks Roa
R° .'
1000 LANDS OF POST
,
(Managed by MROSD)
1
0.0 .1 .2 .3 .4 .5
One-Half Mile
Exhibit A: Site Map 8/98
9
I
PURCHASE AGREEMENT
This Agreement is made and entered into by and between Neil E. Lanphear, a
marred man as his sole and separate property, hereinafter called "Seller" and the
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT a Public District formed pursuant
to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter
called "District."
i
RECITALS
WHEREAS, Seller is the owner of certain real property which has open space
and recreational value, located within an unincorporated area of the County of Santa Clara,
and being more particularly described within the body of this Agreement; and
WHEREAS, District was formed by voter initiative to solicit and receive
conveyances of real property by purchase, exchange, gift, or bargain purchase for public park,
recreation, scenic and open space purposes; and
WHEREAS, District desires to purchase said property for open space
preservation and as part of the ecological, recreational, and aesthetic resources of the
midpeninsula area; and
WHEREAS, Seller wishes to sell and convey the entirety of said property to
District, and District wishes to purchase said property upon the terms and conditions set forth
herein.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
I
promises and covenants herein contained, the parties hereto agree as follows:
1. Purchase and Sale. Seller agrees to sell to District and District agrees to
purchase from Seller, Seller's real property located within an unincorporated area of the
County of Santa Clara, State of California, containing approximately Two and Fifty-seven
Hundredths (2.57) acres, more or less, and commonly referred to as Santa Clara County
Assessor's Parcel Number 575-09-002. Said property being further described in the Legal
Description attached to Preliminary Title Report number 00100131 from All-Cal Title
Company, a copy of said preliminary title report attached hereto as Exhibit "A", and
incorporated herein by this reference. Said property to be conveyed together with any
easements, rights of way, or rights of use which may be appurtenant or attributable'to the
aforesaid lands, and any and all improvements attached or affixed thereto. All of said real
property and appurtenances hereinafter called the "Subject Property" or the "Property".
- - _ ----__-_- _ _...
Purchase Agreement Page 2
2. Purchase Price. The total purchase price ("Purchase Price") for the Property
shall be Ten Thousand and No/100 Dollars ($10,000.00), which shall be paid in cash at the
"Closing" as defined in Section 3 hereof.
i
3. Escrow. Promptly upon execution of this Agreement, in accordance with
Section 11 herein, an escrow shall be opened at All-Cal Title Company, 901 Campisi Way,
Campbell, CA 95008, (408) 559-3424 (Escrow number 00100131) or other title company
acceptable to District and Seller (hereinafter "Escrow Holder") through which the purchase
and sale of the Property shall be consummated. A fully executed copy of this Agreement shall
be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided
that the 'es shall execute such additional supplementary or custom escrow instructions
.Pam PF �Y �Y
as Escrow Holder may reasonably require. This Agreement may be amended or supplemented
b explicit additional escrow instructions signed b the 'es but the printed portion of such
Y P � Y Pam P
escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow
Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement,
the documents and monies to bed sited into the escrow as herein provided, with the
i es
� P a
followingterms and conditions to apply to said escrow:
PP Y
( ) The provided for in the escrow for the close thereof shall be on or
e time
before October 23, 1998, provided however, that the parties may, by written agreement,
extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date
when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of
the County Recorder of Santa Clara County.
(b) Seller and District shall, during the escrow period, execute any and all
documents and perform any and all acts reasonably necessaryor appropriate to consummate
the purchase and sale pursuant to the terms of this Agreement.
P P �
(c) Seller shall deposit into the escrow on or before the Closing an executed
and recordable Grant Deed, covering the Property as described in said Exhibit "A".
(d) District shall deposit into the escrow, on or before the Closing:
(i) The required Certificate of Acceptance for the Grant Deed, duly
executed by District and to be dated as of the Closing;
(ii) District's check payable to Escrow Holder in the amount of Nine
Thousand and No/100 ($10,000.00) which is the balance of the Purchase Price
of Ten Thousand and No/100 Dollars as specified in Section 2. The balance of
$1,000 is paid into escrow in accordance with Section 11 of this Agreement.
(e) District shall pay the escrow fees, the CLTA Standard Policy of Title
Insurance, if required by District, and all recording costs and fees. All other costs or expenses
II
Purchase Agreement page 3
not otherwise provided for in this Agreement shall be apportioned or allocated between District
and Seller in the manner customary in Santa Clara County. All current property taxes on the
Property shall be pro-rated through escrow between District and Seller as of the Closing based
upon the latest available tax information using the customary escrow procedures.
(f) Seller shall cause All-Cal Title Company, or other title company
acceptable to District and Seller, to be prepared and committed to deliver to District, CLTA
Standard Policy of Title Insurance, dated as of the Closing, insuring District in the amount of
$10,000.00 for the Property showing title to the Property vested in fee simple in District,
subject only to: (i) current real property taxes, (ii) exceptions numbered 3 and 4 as shown in
said preliminary report (Exhibit "A") (iii) such additional title exceptions as may be approved
in writing by District prior to the Closing as determined by District in its sole and absolute
discretion.
(g) Escrow Holder shall, when all required funds and instruments have been
deposited into the escrow by the appropriate parties and when all other conditions to Closing
have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be
recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing,
Escrow Holder shall cause to be delivered to District the original of the policy of title
insurance required herein, and to Seller Escrow Holder's check for the Purchase Price of the
Subject Property (less Seller's portion of the expenses described in Section 3(e), and to District
or Seller, as the case may be, all other documents or instruments which are to be delivered to
them. In the event the escrow terminates as provided herein, Escrow Holder shall return all
monies, documents or other things of value deposited in the escrow to the party depositing the
same.
4. Rights d Liabilities of the Parties in the Ev nt of Termination. In the event
this Agreement is terminated and escrow is canceled for any reason, all parties shall be
excused from an further obligations hereunder ex t as otherwise provided herein. Upon
Y � �P P Po
any such termination of escrow, all parties hereto shall be jointly and severally liable to
Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of
subrogation against any party whose fault may have caused such termination of escrow), and
each party expressly reserves any other rights and remedies which it may have against any
other party by reason of a wrongful termination or failure to close escrow.
5. Leases or Occupancy of Premises. Seller warrants that there exist no oral or
written leases or rental agreements affecting all or any portion of the Subject Property. Seller
further warrants and agrees to hold District free and harmless and to reimburse District for any
and all costs, liability, loss, damage or expense, including costs for legal services, occasioned
by reason of any such lease or rental agreement of the Property being acquired by District,
including, but not limited to, claims for relocation benefits and/or payments pursuant to
California Government Code Section 7260 a Seller understands and agrees that the
I
I -
I
Purchase Agreement Page 4
provisions of this paragraph shall survive the close of escrow and recordation of any Grant
Deed(s).
I
6. Seller's Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property in accordance herewith, Seller makes the following
representations and warranties to District, which shall survive close of escrow, each of which
is material and is being relied upon by District.
(a) Authority. Seller has the full right, power and authority to enter into this
Agreement and to perform the transactions contemplated hereunder.
(b) Valid and Binding Agreements. This Agreement and all other documents
delivered by Seller to District now or at the Closing have been or will be duly authorized and
executed and delivered by Seller and are legal, valid and binding obligations of Seller
sufficient to convey to District the Subject Property described therein, and are enforceable in
accordance with their respective terms and do not violate any provisions of any agreement to
which Seller is a party or by which Seller may be bound or any articles, bylaws or corporate
resolutions of Seller.
(c) Good Titlg. Seller has and at the Closing date shall have good, marketable
and indefeasible fee simple title to the Subject Property and the interests therein to be
conveyed to District hereunder, free and clear of all liens and encumbrances of any type
whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights
or any other right, title or interest held by any third party except for the exceptions permitted
under the express terms hereof, and Seller shall forever indemnify and defend District from
and against any claims made by any third party which are based upon any inaccuracy in the
foregoing representations.
7. Integrity of PrQnerty. Except as otherwise provided herein or by express
written permission granted by District, Seller shall not, between the time of Seller's execution
hereof and the close of escrow, cause or allow any physical changes on the Property. Such
changes shall include but not be limited to grading, excavating or other earthmoving activities,
cutting or removing trees, shrubs, brush or other vegetation, and damaging or demolition of
improvements or structures on the Property.
8. Hazardous Waste.
(a) Definitions. The term "Hazardous Waste," as used herein, means any
substance, material or other thing regulated by or pursuant to any federal, state or local
environmental law by reason of its potential for harm to human health or the environment
because of its flammability, toxicity, reactivity, corrosiveness or carcinogenicity. The term
I
i
__ _ _ __
I
I
� I
I
I
Purchase Agreement page 5
i
i
I
"Hazardous Waste" also includes without limitation, polychlorinated biphenyls, benzene,
asbestos, petroleum, petroleum by-products, gas, gas liquids and lead. j
i
The term "Environmental Law" as used herein includes, without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C.
Section 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. Section
6901 et seq.)
(b) Representations and Warranties. For the purpose of consummating the
sale and purchase of the Property, Seller makes the following representations and warranties to
District, which shall survive close of escrow, each of which is material and is being relied
upon by District;
(i) The Property does not contain any Hazardous Waste or underground
storage tanks;
(ii) Seller and the Property are in compliance with all applicable federal,
state and local laws, statutes, ordinances, orders, guidelines, rules and
regulations pertaining to Hazardous Waste or underground storage tanks;
(iii) At the time Seller acquired the Property, Seller did not know and
had no reason to know that any Hazardous Waste was present, used,
manufactured, handled, generated, stored, treated, discharged, buried or
disposed of on, under or about the Property, or had been transported to or from
the Property;
(iv) Seller has not undertaken, permitted, authorized or suffered, and
will not undertake, permit, authorize or suffer the presence, use, manufacture,
handling, generation, storage, treatment, discharge, release, burial or disposal
on, under or about the Property of any Hazardous Waste, or the transportation
to or from the Property, of any Hazardous Waste;
(v) There is no pending or, to Seller's best knowledge, threatened
litigation or proceedings before any administrative agency in which any person
or entity alleges the presence, release, threat of release, placement on, under or
jabout the Property, or the use, manufacture, handling, generation, storage,
treatment, discharge, burial or disposal on, under or about the Property, or the
transportation to or from the Property, of any Hazardous Waste;
(vi) Seller has not received any notice and has no knowledge or reason
to know that any governmental authority or any employee or agent thereof has
determined, or threatens to determine, that there is a presence, release, threat of
i
Purchase Agreement Page 6
release, placement on, under or about the Property, or the use, manufacture,
handling, generation, storage, treatment, discharge, burial or disposal on, under
or about the Property, or the transportation to or from the Property, of any
Hazardous Waste;
(vii) There have been no communications or agreements with any
governmental authority or agency (federal, state or local) or any private entity,
including, but not limited to, any prior owners of the Property, relating in any
way to the presence, release, threat of release, placement on, under or about the
Property, or the use, manufacture, handling, generation, storage, treatment,
discharge, burial or disposal on, under or about the Property, or the
transportation to or from the Property, of any Hazardous Waste.
(c) Indemnity. Seller shall indemnify, defend and hold harmless District
from and against any legal or administrative proceedings brought against District, and all
claims, liabilities losses, damages, and costs, foreseen and unforeseen, including without
limitation, attorney, engineering and other professional or expert fees, directly or indirectly
arising from any breach of the warranties or representations contained herein, or arising from
related to or connected with the existence of any hazardous substances of any kind on or in the
property, except when any hazardous substance contamination was caused solely by District.
Seller shall be solely and completely responsible for responding to and complying with any
administrative notice, order, request, or demand, or any third party claim or demand relating
to potential or actual hazardous substance contamination on or in the Property, including any
and all costs of remediation and cleanup, except when such contamination was caused solely
by District. In addition to any remedies provided in this subsection, in the event Hazardous
Waste is found to exist on the property, District may exercise its right to bring an action
against Seller to recover an cleanu r or remediati n� o costs from
y p, repair Seller and/or any other
person or persons determined to have responsibility for the presence of Hazardous Waste on
the Property.
9. Waiver of Statutory Compensation. Seller and District understand and agree
that Seller may be entitled to receive the fair market value of the Property described in Exhibit
"A", as provided for by the Federal Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 (Public Law 91-646), the Uniform Relocation Act Amendments of
1987 (Public Law 100-17, Title IV of the Surface Transportation and Uniform Relocation j
Assistance Act of 1987 (101 Statutes, 246-256), and California Government Code Section
7267, and following. Seller hereby waives any and all existing and/or future rights seller may j
have to the fair market value of said Property, appraisals, etc., as provided for by said Federal
Law and any corresponding California Government Code Sections.
i
i
Purchase Agreement page 7
10. Miscellaneous Provisions.
I
I
(a) Choice of Law. The internal laws of the State of California, regardless of
any choice of law principles, shall govern the validity of this Agreement, the construction of
its terms and the interpretation of the rights and duties of the parties.
(b) Attorneys' Fees. If either party hereto incurs any expense, including
reasonable attorneys' fees, in connection with any action or proceeding instituted by reason of
any default or alleged default of the other party hereunder, the party prevailing in such action
or proceeding shall be entitled to recover from the other party reasonable expenses and
attorneys' fees in the amount determined by the Court, whether or not such action or
proceeding goes to final judgment. In the event of a settlement or final judgment in which
neither party is awarded all of the relief prayed for, the prevailing party as determined by the
Court shall be entitled to recover from the other party reasonable expenses and attorneys' fees.
(c) Amendment and Waiver. The parties hereto may by mutual written
agreement amend this Agreement in any respect. Any party hereto may: (i) extend the time
for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in
representations and w ma
de ade b the other co
ntained tuned in
P y party this Agreement or in any
documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the
covenants contained in this Agreement or the performance of any obligations of the other
party; or (iv) waive the fulfillment of any condition that is precedent to the performance by
such party of any of its obligations under this Agreement. Any agreement on the part of any
party for any such amendment, extension or waiver must be in writing.
(d) Rights Cumulative. Each and all of the various rights, powers and
remedies of the parties shall be considered to be cumulative with and in addition to any other
rights, powers and remedies which the parties may have at law or in equity in the event of the
breach of any of the terms of this Agreement. The exercise or partial exercise of any right,
power or remedy shall neither constitute the exclusive election thereof nor the waiver of any
other right, power or remedy available to such party.
I
(e) Notices. Whenever any party hereto desires or is required to give any
notice, demand, or request with respect to this Agreement (or any Exhibit hereto), each such
communication shall be in writing and shall be deemed to have been validly served, given or
delivered at the time stated below if deposited in the United States mail, registered, or certified
and return receipt requested, with proper postage prepaid, or if delivered by Federal Express
or other private messenger, courier or other delivery service or sent by facsimile transmission
by telex, telecopy, telegraph or cable or other similar electronic medium, addressed as
indicated as follows:
Purchase Agreement page 8
Seller: Neil E. Lanphear
c/o Kimberly Duff, Marketing Consultant
Century 21 Contempo Reality
3190 So. Bascom Avenue, Suite 100
San Jose, CA 95124
(408) 371-3467
FAX (408) 371-7895
i
District: Midpeninsula Regional Open Space District
i
330 Distel Circle
Los Altos, CA 94022
jAttn: L. Craig Britton, General Manager,
(650) 691-1200
FAX: (650) 691-0485
If sent b telegraph, facsimile co or cable a confirmed co of such telegraphic, facsimile
Y gmP � PY � PY
or cabled notice shall promptly be sent by mail (in the manner provided above) to the
addressee. Service of any such communication made only by mail shall be deemed complete
on the date of actual delivery as indicated by the addressee's registry or certification receipt or
at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier
in time. Either party hereto may from time to time, by notice in writing served upon the other
as aforesaid, designate a different mailing address or a different person to which such notices
or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement
shall excuse either party from giving oral notice to the other when prompt notification is
appropriate, but any oral notice given shall not satisfy the requirement of written notice as
provided in this Section.
(f) S ve ilia. If any of the provisions of this Agreement are held to be void
or unenforceable by or as a result of a determination of any court of competent jurisdiction,
the decision of which is binding upon the parties, the parties agree that such determination
shall not result in the nullity or unenforceability of the remaining portions of this Agreement.
The parties further agree to replace such void or unenforceable provisions which will achieve,
to the extent possible, the economic business and other purposes of th Po purpo a void or unenforceable
provisions.
(g) Counterpar s. This Agreement may be executed in separate counterparts,
each of which shall be deemed as an original, and when executed, separately or together, shall
constitute a single original instrument, effective in the same manner as if the parties had
executed one and the same instrument.
(h) No waiver of any term, provision or condition of this Agreement,
whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or be
i
i
11t
Purchase Agreement Page 9
construed as, a further or continuing waiver of any such term, provision or condition or as a
waiver of any other term, provision or condition of this Agreement.
(i) Entire Agreement. This Agreement is intended by the parties to be the final
expression of their agreement; it embodies the entire agreement and understanding between the
parties hereto; it constitutes a complete and exclusive statement of the terms and conditions
thereof, and it supersedes any and all prior correspondence, conversations, negotiations,
agreements or understandings relating to the same subject matter.
(j) Time of Essence. Time is of the essence of each provision of this
Agreement in which time is an element.
(k) Survival of Covenants. All covenants of District or Seller which are
expressly intended hereunder to be performed in whole or in part after the Closing, and all
representations and warranties by either party to the other, shall survive the Closing and be
binding upon and inure to the benefit of the respective parties hereto and their respective heirs,
successors and permitted assigns.
(1) Assignment. Except as expressly permitted herein, neither party to this
Agreement shall assign its rights or obligations under this Agreement to any third party
without the prior written approval of the other party.
m FurtherDocuments A . Each of the "es beret a( ) 1� • agrees t•execute
and deliver such further documents and perform such other acts as may be reasonably
necessary or appropriate to consummate and carry into effect the transactions described and
contemplated under this Agreement.
P g
(n) Binding on Successors and Assigns. This Agreement and all of its terms,
conditions and covenants are intended to be fully effective and binding, to the extent permitted
by law, on the successors and permitted assigns of the parties hereto.
(o) Broker's Commission. In addition to the amount payable under Section 2
hereinabove, District shall pay a real estate agent's commission in the amount of$600.00 to
Century 21 Contempo Reality, 3190 So. Bascom Avenue, Suite 100, San Jose, CA 95124. No
other such commission is due or payable by the District and the parties agree to and do hereby
indemnify and hold the other party harmless from and against any and all costs, liabilities,
losses, damages, claims, causes of action or proceedings which may result from any broker,
agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of
Seller in connection with this transaction.
I
I
(p) Captions. Captions are provided herein for convenience only and they form
no part of this Agreement and are not to serve as a basis for interpretation or construction of
this Agreement, nor as evidence of the intention of the parties hereto.
i
I
I
I
Purchase Agreement Page 10
I
I
(q) Pronoun References. In this Agreement, if it be appropriate, the use of the
I
singular shall include the plural, and the plural shall include the singular, and the use of any
gender shall include all other genders as appropriate.
i
(r) Arbitration of Disputes. If any dispute arises between District and Seller
relating to this Agreement and the purchase and sale of the Property, the District and Seller
agree that the dispute shall be resolved by binding arbitration determined by three arbitrators
appointed as set out below:
(i) Within 10 days after a notice by either party to the other
requesting arbitration and stating the basis of the parry's claim, each
party shall appoint one arbitrator, notifying the other Ply of the
appointment when made;
(ii) The two arbitrators shall immediately choose a third arbitrator to
act with them. If a party fails to select an arbitrator within the time
allowed or if the two arbitrators fail to select a third arbitrator within 10
days after their appointment, the additional arbitrator shall be promptly
selected by random lot in a manner agreed among the arbitrators already
appointed from a pool of up to six names, with each party entitled to
submit no more than three names.
(iii) The arbitration shall be conducted under Code of Civil Procedure
§§1280-1294.2. Hearings shall be held in Santa Clara County,
California.
(iv) A decision of the majority of Arbitrators shall be binding on both
parties. The prevailing party in arbitration shall be entitled to an award
of its costs of arbitration. However, each party shall pay for their own
attorney's fees.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
"ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS
THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE
I
Purchase Agreement Page 11
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ITRATION.
SELLER INITIAL '_ C BUYER INITIAL WC Lj
11. Acceptance. Provided that this Agreement is executed by Seller and delivered
to District on or before July 23, 1998, District shall have until midnight September 23, 1998
to accept and execute this Agreement, and during said period this instrument shall constitute an
irrevocable offer by Seller to sell and convey the Property to District for the consideration and
under the terms and conditions herein set forth. As consideration for the tender of said offer,
District has paid into escrow and Seller acknowledges receipt of the sum of One Thousand
Dollars and No/100 ($1,000.00), which shall be applied to the Purchase Price as set forth in
Section 2 hereof.
Provided that this Agreement is accepted by District, this transaction shall close as soon
as practicable in accordance with the terms and conditions set forth herein.
I
I
I
A
I
i
i
i
i
Purchase Agreement Page 12
i
i
i
IN VTITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers to be effective as of the date of final execution by
i
District in accordance with the terms hereof.
DISTRICT: SELLER:
MIDPENINSULA REGIONAL OPEN By:
SPACE DISTRICT Neil E. Lanphear
ACCEPTED FOR RECOMMENDATION Date: - — Z 3 7 ?S
C 'j Q,` ,
Michael C. Williams, Real Property
Representative
APPROVED AS TO FORM:
c..9Gw�/lti,
Sue Schectman, District Counsel
R�COMNX'NDED EQR APPROVAL:
Zr
L. Craig Britton
General Manager
APPROVED AND ACCEPTED:
President, Board of Directors
ATTEST:
District Clerk
Date:
Sent By: CENTURY 21 CONTEMPO; 408 371 7895; 14 Ju2'98 12:28; Job 603;Page 2/10
AAll-Cal Title Company
"I Camprsi Way,Campbell,CA 950011, (403)559-3424 Fax:(408)377-0234
TO: Century 21 Contempo Realty ESCROW OFFICER: Gale Houck
3190 S. Bascom Avenue ESCROW NUMBER: 00100131
Campbell, CA 95008
Attn: Kim Duff
100131/GH
Property Addresa: No Situs
Buyer.
PREUM/NARY REPORT
In response to the above referenced application for a Policy of oftoftinsurance'. AN-Cal
� Company
hereby reports that 4 is prepared to issue,or cause to be issued,as of the date hereof,a Policy or Policies of
Tide Insurance describing the land and the estate or interest therein hereinafter W forth, Insuring against
loss which may be sustained by reason of any defect, lion, or encumbrance riot shown or referred to as an
Exception bola* or not excluded from coverage pursuant to the printed .Schedules, Conditions and
Stipulations of said policy fbmi3.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies pre set forth in Exhibit A
attached, Copies of the Policies Forms should be read. They are available from the office that issued this
report
Please read the exceptions shown or referred to below and floe exceptions and exclusions set forth
In Exhibit A of this report carefully. The exceptions and exclusions are meant to.provide you with
notice of matbrs which are not covered under the terms of the We Insurance policy and should be
carefully considered.
ss condition of
n that a not a n relation to file con
It is important to not* this preigMnary report written prase
titb and may not W all Ilene,defects,and encumbrances affecting title to the land.
Thds report(and any supplements or amendments hereto)is issued solely for the purpose of facilitating the
issuance of a policy of tide insurance and no fiabq is assumed hereby. If it is desired that liability be
assumed prior to the issuance of a polky of We insurance.a Strider or Commitment should be requested.
This report is subject to a$250.00 cancellation fee as required by Section 12404 of the insurance Code and
Rule 2 of the Department of Insurance Bulletin 60-12.
Dated as of June 4,19"at 7.30 a.m.
r
For Exceptions Shown or RefwTW to,See Attached
I
I
I
I
�JCHigIT
Page ...apt ..
I: by. Utrilumy W� LRCh u; 408 3 8� 74 Jul'98 12:28; Job 603;Page 3/10
Order No. 00100131 Page No.2
The form of policy of we insurance contempisted by this report is: ALTA andfor CLTA
I
(
I
I
The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee
I
I
I
Title to said estate or interest at the date hereof is vested in:
(
Nell E.Lanphear by Deed dated 12.2-86 which recites a married man as his sole and sepafats
property
EJCNI�IT
Page►►
sent 8y: CLNTURY 21 CONTEMPO; 408 371 7895; 14 Jul'98 12:29, Job 603;Page 4/10
Order No.00100131 _ Page No.3
l
Exhibit A
i
i
The land referred to herein is situated in the (Unincorporated Area), County of Santa
Clara, State of California, and is described as'follows:
I
Beginning at a point in the center of the Arroyo Seco De Los Capitancillos at the comer
No. 39 of the Capitancillos Rancho, from which point a granite post marked "C.C.C.F.',
bears South 451, East 1.00 chs., distant,thence running with the following courses and
distances: South 899 38' East 5 chs., South 391/2° East 6.70 chs., South 50 40,West 3
chs., South 770 45' East 2.37 chs.,to comer 36 of the Capitancillos Rancho Survey,
thence North 2 1/2°West 5.50 chs., to comer 37 of said Rancho Survey; thence N. 37
112°West 5 chs.,to corner 38 of said Rancho Survey, and thence South 84°45'We$t
8.04 ohs:, to the place of beginning, being the same hands described in a mortgage
from Thomas P.B. Nicks, at ux, to William N. Henderson, dated February 27, 1868, of
record in Liber"K'of mortgages, page 514 et seq., records of Santa Clara County,
California.
I
Excepting Therefrom the interest in Hicks Road conveyed to The County of Santa
Clara, by Instrument recorded August 19, 1867 in Book W of Deeds, at page 401.
I
ARB/575-09-002
071081199$ on
I
I
i
EXHIBIT .—
Page1-001
-5-LSi"fr--t3-y: Ut14;""KT i U'4: 14 Jul'98 12:29; Job 603;Page 5/10
Order No. 00100131 Page No.4 .
At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said
policy form would be as follows:
1. Taxes for the fiscal year 1998199. a lien,but not yet due or payable.
Z "The lien of supplemental taxes, if any,assessed pursuant to the provisions of Chapter 498, Statutes
of I ggj of the State of California, as amended."
3. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Granted To: County of Santa Clara
For. read purposes
Recorded* August 19,1367,in Book W of Deeds at page 401.
Affects: portion lying within Hicks Road
4. An easement affecting that portion of said land and for the purposes stated herein and incidental
purposes as provided in the following
Gninted To: County of Santa Clara
For: the purpose of construction,reconstruction,Inspection,maintenance and repair
of a slope over
Recorded: September 7,1979,in Book E779 of Official Records at page 28,
Affects: as follows:
Beginning at a 3/4 inch iron pipe set at the Northerly terminus of the center line
course of Hicks Road shown with a beating of North 26* 14' 13"West, 195-54 feet
on the Record of Survey Map filed in Book 268 of Maps, at page 56, Records of the
Santa Clara County Recorder, said course being assigned a beating of North 27*
01' 55"West for the purposes of this description; thence along the Northerly
prolongation of said center line course, North 27* 01' 55"West, 31.48 feet to an
angle point in the centerline of Hicks Road as described in the Deed to the County
of Santa Clara Recorded in Book'W of Deeds,at page 401, Records of the
Recorder, said furthermore being on the South line of the 2.57 acre parcel of land
conveyed to Lanphear in the Deed Recorded in Book 2734 Official Records, at page
218, Records of the Recorder;thence along the Southerly boundary of said 2.57
acre
re parcel, South 780 23'45"East, 38.41 feet to a point on the Easterly line of
Hicks Road (60 feet wide) and the true point of beginning of this description; thence
continuing along the Southerly boundary of said 2.57 acre parcel South 78*23'45"
East, 12.80 feet to a point which is Easterly and 10 feet distant, measured at right
angles from the Easterly line of said Hicks Road; thence North 27*01'55"West
43.84 feet to a point on the Easterly line of Hicks Road;thence along the Easterly
boundary of Hicks Road, South 00 28'05"West 21.66 feet and South 27" 01'55"
East, 16-64 feet to the true point of beginning.
5. Possible community interest of the spouse(s),if any,of the Ve3tee(s)herein.
EXHIBIT...�
page
_
Sent By: CENTURY 21 CONTEMPO; 408 371 7895; to J
ul'98 12:29; Job 603;Page 6/10
ti Order No. 0010013.1 Page No.5
NOTES)
I
1. Taxes for the fiscal year 1997198 as follows:
Bill No. 57549-002,Code Area 80-002
I
First Installment: $140.04 PAID
Second Installment: $140.04 PAID
Exemption: so
2. The lost recorded instruments)conveying record title to the premises stare:
Grant Deed executed by Carol Ann Nell,Grantor(&),to Neil E Lanphear,a married man as his
safe and separate property,Grantes(s),recorded October 23,1988 In Book.1893 of Official
I
Records, Page 991.
3. County Recorder will charge an additional$10.00"Monument User Fee"to record a Grant Deed using
the legal description in this report -
NSTR
ARG 575-09-002
LB ilon
Compared: on
I
I . .
I
I
(
I
I
"HISIT,,.._.�9-
.
I :1 L I�
o �
ti x, ti
ti� ED
q� / 2.57 AC. 3 � V/
93
O s ~ ,
n. `'6a\ ♦ _ { air O a
o -
`G�S
f Sic OETAILi4 _ \`f
T 1 ,Ir ' ire �all/N C, •,., �, .u�"s. � 'SG
QOl MIOPEWNSULA RE01014AL OPEN SPALE DIST
! O
IL it• s: • O A y
� c R� µ i DS Iei�
\J s <tOD1[MIRi'IA_A Rlp�- r wit'4it,kA
v r ' �eao�uu ortw �p >f'
o '.!7!f pal. �Of ,iceAk
�e
ors-X , semis
P[tY'NlyL,
SPACr�TTMT►0��,�t7� t� i
u f PARCEL. 2 /'
52-48 Ar % L.
c ` 24.602 AC 0
e $
.�CO
1p
�CO ���
O rEN*O%VLA opt" S►MM TROO
M
J M 31. 2 AG
«..� �a,• ,9 43.331 AC.
O
PARCEL S 7Q r .PARCEL % _
P..O,S IST-M 36
Q � u
Notice: This is neither a plat nar a survey. It Is
lernished merOj as a corwen:erce to aid you in locating '
the land indicated hereon with reference to streets and
oche., land. He, Iwbility is assumed by reason of any
reliance hereolf"
I
i
Sent 8y: CENTURY 21 CONTE:tPO; 408 371 7895, 14 Jul'98 12:30; Jab 603;Page 8/10
EXHIBIT A
CALIFORNIA LAND TITLE ASSOCIATION
40 8TANDARO COVERAGE POLICY-1990
The following matters are exprssaty excluded from the coverage of this policy and the Company will not pay toss or damage,costs. attorneys'
fees or expenses which arias by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations)
restricting, regulating, prohibiting or relating to (1) the occupancy, use, or enjoyment of the land; (ii) the character, chmenslons, or
location of any Improvement now or hereafter erected on the land: (iii)a separation in ownership or a change in the dzrianstons or
area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these
taws,ordinances or governmental regulations,except to the extent that a notice of enforcement thereof or a notion of a defect,lien or
encumbrance resuiftng from a violation or alleged violation affecting the land has been recorded in the public records at Data Of Policy. .
(b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a no of a
defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at
Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Data of Policy.but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the right*Of a purchaser for value without
knowledge.
3. Defects,bans,encumbrances,adverse claims or other matters.
(a) Whether or not recorded in the public records at bate of Policy,but created,suffered,assumed or agreed to by the insured clamant
(b) not known to the ConVsny,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an insured ureter this policy.
(c) resulting to no loss or damage to the insured claimant;
(d) attaching or Created subsequent to Date of Policy;or
(e) resulting in loss or damage which would not have been sustained(f the insured claimant had paid value tar the insured mortgage or for
the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the Inability or failure of the insured at Date of Policy. or the inability or
failure of any subsequent owner of the indebtedness,to comply with the applicable doing business laws of the state in which this land is
situated.
S. invalidity or unenforceabitity of the lien of the insured mortgage, or claim thereof,which arises out of the transaction evidenced by the
Insured mortgage and is based upon usury or any consumer a wM protection or truth in lending law.
6 Any claim,which arises out of the transaction vesting in the insured the satafe or interest insured by Oft policy or the transaction creating
the interest of the Insured lender.by reason of the operation of federal ba►*ruptcy.state Insolvency Or similar«editors rights laws.
In addition to the ExchAk ns,You are not insured against rose,costs,at MYs'less,and expenses resulting from:
t. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments an real
property or by the public records.
Proceedings by a public agency which may result in taxes of assessments,Or notices of such prpCcedings,whether or not aftown by
the records of such agency or by the public records.
2. Any facts.rights.interests or dawns which are not shown by the public records but which could be ascertained by an inspection of the land
or which may be asserted by persons in possession thereof.
3 Easements.Iona or encumbrances.or claims thereof,which are not shown by the public records.
4. Discrepancies,Conflicts in boundary Hines,shortage in area.encroachments,or any other facts which a oorraet survey Would dtaolose stud
which are not shown by the public records.
5. (a) Unpatented mining claims:(b)reservations or exceptions In patents or in Acts authorizing the issuance thereof(C)water rights.claims
or title to water,whether or not the matters excepted under(a).(b)or(c)are shown by the public roCords-
AMERICAN LAND TITLE ASWIATIOM OYYNER'8 POLICY-1"2
'SCHEDULE OF EXCLUSiON3 FROM COVERAGE
1. Any lew,ordinance or governmental regulation(including but not 1'rhhlted to building and zoning laws,ordlnillim .Or regulations)restricting,
regulating.'prohibiting or relating to 0) Occupancy, use or W40yrnent of the land: (1) the dwOcter. dimensions Or location of any
improvement now or hereafter erected on the land;(id)a separation in ownership or a change in the dirrriensilmll or Of"Of tee land or any
penal of which the land is part;or(lv)envlronrmenlal protection,or the effect of any vWa*m of those laws.Ondindf"S Or goverrenantal
regulations, except to the extent that a notice of the enforcement thereof or a rrotica of deface, lien or oncixnbronciv r+esUMM tram a
violation or all"ad violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pubic records at Date Of Policy,but not exCludl+g
r in has occurred or to Date of Policy which would be binding on the rights of a purchaaar for value wffhotrt
Rom Dove any taking which prior w7
knowledge.
ORT 3157-1(Rev 01-01-95)
I
EXHIBIT
Pegs 7 pf�_
CONTEMPO a-08 37t 7895; 14 Jul'98 12:31 ; Job 603;Page 9t10
EXHIBIT A(Continued)
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowtedgo.
3. Defects,liens,encumbrances.adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant;(b)not
known to the Company and not shown by the public records but known to the insured claimant either at Oats of Policy or at the date such
Claimant acquired an estate or Interest insured by this policy and not disclosed in wrtting the insured claimant to the Company prior to the
date such insured claimant became an insured hereunder, (C)resulting in no loss or damage to the Insured clamant (d) attaching or
treated subsequent to Date of Policy; or(a)resulting in loss or damage which would not have been sustained if the insured daimsit had
paid value for the estate or interest insured by this policy.
4. Any claim,which arises out of the transaction vesting in the insured the estate or interest Insured by this policy.by reason of the operation
of federal bankruptcy,state Insolvency,or similar editors'rights laws.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 Rev.1292)
WiTH A.L.TJL ENDORSEMENT FORM 1 COVERAGE
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy.
I
1. Any law, ordinance or governmental regUation (including but not limited to building and zoning o rd"rums) restricting or regulating or
prohibiting the occupancy, use or enjoyment of the land. or regulating the character.dimensions or location of any improvement now at
hereafter erected on the tend,or prohibiting a separation In ownerships or a reduction in the dinrensions of area of the lard,or the affect of
any violation of any such law,ordinance or governmental regulation.
2. Rights of eminent domain or govemimental rights of police power unless ratios of the exercise of such rights appears in the public records
at Data of Policy.
3. Detects,Hens.enaarbrances,adverse claims.or other matters(a)created,suffered,assumed or agreed to by the insured Claimant(b)not
known to the Company and not shown by the pudic records but known to the insured daimartt either at taste of Policy or at the date such
dairnont aoqulred an estate or interest insured by this policy or acquired the insured mortgage and nol d4dosed in hNrttktg the insuaad
cimment,to the Company prior to!tat date such Insured claimant became an insured herourder, (c)resumting in no less or damage to the
insured claimant(0)attaching or Created subsequent to Date of Policy(except to the extant insurance is afforded as 10 any stahAary liars
for labor or material or to the extent insurance to afforded herein as to assessments for street knprovements under construction or
completed at Date of Policy),
4 UnonforoO0111ty of fthe tiers of the insured mortgage beaus of failure of the Insured at Date of Policy or of any subsequent owrw of the
indebtedness to comply with the applicable"doing business laws~of the soak in which this land is situated.
5. Any claim,which arises out of the transaction creating the interest of fb mortgage Insured by this policy, by reason of the operation of
federal bankruptcy,state insolvency,or aimNar craditorW rights laws,that is based on:
(i) the transaction creating the interest of the Mewed mortgagee being deemed a trsedutent conveyance or fraudulent transfer:or
(i7 the subordination of the interest of the Insured mortgagee as a result of the application of the doctrine of equitable subordination;
or
(Rt) time transaction creating the Interest of the insured mortgagee being deemed a preferentioi barhafor except where the preferential
transfer results frorn the(allure:
(a) to timely record the Instrument of transfer,or
(b) of such recordation to Impart to a purchaser for value or a Judgment or lion creditor.
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1992 WiTH A.L-TJL ENDORSEMENT
FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
1. (a) Any law, ordinance or government regulation (irwAiding but not Wntkd to builQing and Zoning laws. 0(dinarces, of replatiorn)
restricting, regulating. prohibitahg or relating to (i) the occupancy. use or ahhjoyment of the land; (ih) the charader, dimensions or
kuretion of any improvement now or hereafter erected on the land:00)a separation in ownership or a Change In the dimensions or
area of the land or arty parcel of which this land is or was a park or(iv)arnirorsrental protection, or titre effect of vwtatiort of these
tams,ordinances or goverranerdat reghdarticns,except to the extent that a notice of the enforcement thereof or a notice of a defer!,flan
or encumbrance moulting from a violation or auaged violation oflec"thin land has been recorded in the public records at Del of
Policy,
Encumbrance resulting from a violation or alleged violation offecting the land has been recorded in the pudic records at Oat of
Policy.
(b) Any 9*vemrnental police power rot excluded by(a)above.except to the axWM that a notice of the exercise thereof or a notice Of a
defect,lien or encumbrance resulting from a violation or~vbtaton affecting the land has been recorded In the public records at
Date Of Policy.
2- Rights of eminent domain unless notice of to exercise thereof has,been recorded in the public retards at Date of Poky.ixut not excluding
from coverage any taking which has occurred prior to Data of Policy which would be binding on the fights of a purchaser for value without
knowledge.
3. Defects,t&ens.oncumbrances,adverse dins or Other matters:
(a) created,suffered,assumed or agreed to by the Insured claimants
(b) not known to the Company,rWt recorded in the pubsc records at oats of Policy,but known to the insured dalmant and,not disclosed In
writing to to Company by the inaored claimant prior to the date the insured tdaimant became an insured under this policy',
(c) resuttirg in no loss or damage to the dnswed claimant;
(d) attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured
mortgage over any statutory tin for services.tabor or material or the extent insurance is afforded herein as to assessments for street
improver ients under construction or completed at pate of Policy);or
ORT 3157-1(Rev 01-01-96)
EXHI ! 0f--f---
Page
I
-� -� �-• �• , �+vo-ems„ iaa7i Tit ,Jar Jati _Vua;Page 10110
EXHIBIT A(Continued)
(a) resulting in loss or damage wt.. culd not have been sustained if the insured claiman paid value for the insured mortgage.
4. Unenforceabitity of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy,or the inability or
failure of any subsequent owner of the indebtedness, to oomply with applicable*doing business taws"of the state in which the land is
situated.
5. Invalidity or unenforceatAlty of the Lien of the insured mortgage,or claim thereof. which arises out Of the transaction evidenced by the
Insured mortgage and is based upon usury or any consumer tx'edlt protection or truth in lending low.
S. Any statutory ban for services,labor or materials(or claim of priority of any statutory Gen for services,labor or materials over the lien of the
insured mortgage)arising from an Improvernent or work related to the lard which is contracted for and oommenosd subsequent to Data of
Policy and is not financed in whole or In part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the
insured has advanced or is obligated to advance.
7. Any claim,which arises out of the transaction creating the interest of the mortgages insured by this policy,by reason of the operation of
federal bankruptcy,state insolvency.or similar creditors'rights laws.that is based on.
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or frerrdulant transfer,or
(ii) the subordination of the Interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination;
or
(iii) the transaction creating the Interest of the insured mortgagee be"deamed a preferential transfer except where the prelereMiat
transfer results from the failure:
(a) to timely record the Instrument of trsnater,or
(b) of such recordation to Impart to a purchaser for value or a Judgment or lien creditor.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL.TITLE INSURANCE POLICY-1"?
EXCLUSIONS
In addition to the exceptions in Schedule 8,you are not insured against loss,cults,attorneys'fees and eXpensCB resulting from:
1. GovernmenLtbl police power, and the existence or violation of any law or goverrtmant regulation. This kichmses building and zoning
ordinances and also laws and regulations concarrik :
land use
improvements on the land
land division
environmental protection
This exclusion does not apply to violations or the entortement of those matters which appear in the public records at Policy Oats.
This exclusion does not limit the zoning coverage described in Rome 12,md 13 of Covered Title Risks.
2. The right to take the land by condemning it unless
a raft of taking appears in the public records on the Poky Daft.
the taking happened prior to the Policy Data and Is binding on you 4 you bought the land knowing of the taking.
3. Tale Risks:
that are created,allowed.or agreed to by you
that are known to you,but riot to ve,on the Policy Date-unless they appeared in the pubic records.
that result in no loss to you
that first affect your title after the Policy Data-this does not WM the labor and material tan coverage in Item 8 of Covered Titus Risks.
4. Fakirs to pay value for your title.
5. lack of a right.
to any land outside the area specIl car dessnbed and referred to in Item 3 of Schedule A
or in streets,alleys.or waterways that louch your lard
This exclusion does not Wt the access coverage in Item 5 of Covered Title Risks.
In addition to the Exclusions,you are not insured against lose,coats,attomays'fees,and expenses resulting from:
1 Any fads,rights,interests or claims which arts not shown by the Public Records but which could be a6oertakded by Malting inquiry of panties
in possession of the land.
2. Any liens qr easements not shown by the Pubic Records. However,this does not limit the ethrms"wMaye in Item 8 of Covered Tells
Risks.
3. Any facts about the land not shown by On Pubic Records which a correct swM would d'tsdoss. However. this does not WT*to
affirmative coverage in Item 12 of Covered Title Risks.
4. (a) Any water rights or clams or title to water in or under the land;(b)urpatented mining claims:(c)reservations or aioepdona in patients
or in acts authorizing the Issuance thereof.
ORT 3157-1 (Rev 01-01-95)
EXHIBIT
Page
9
Regional Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-98-108
Meeting 98-19
September 9, 1998
AGENDA ITEM_4_
AGENDA ITEM
Increase in Contract for Construction of Three Restroom Units, One Each at Skyline Ridge,
Monte Bello, and Windy Hill Open Space Preserves in an Amount Not to Exceed $7,500
GENERAL MANAGER'S RECOMMENDATI
Authorize staff to execute changes to the contract with Restroom Facilities Corporation of
Reno, Nevada, for a sum not to exceed $7,500 (bringing the total contract amount to $57,500)
for additional expenses or changes encountered during installation of three prefabricated
restroom units.
I
jBackground
I At your September 24, 1997 meeting, you authorized the purchase of three pit toilet restrooms
from Restroom Facilities Corporation of Reno, Nevada, one each for Skyline Ridge, Monte
I Bello, and Windy Hill Open Space Preserves at a total cost not to exceed $50,000 (see report
I
R-97-159). The Skyline Ridge unit would serve the Daniels Nature Center environmental
education program, the Monte Bello unit would serve the Black Mountain backpack camp, and
i
the Windy Hill unit would serve the Spring Ridge picnic area. At your April 22, 1998
j meeting, you authorized the substitution of a replacement restroom at the Monte Bello parking
lot for the restroom unit to be installed at the backpack camp at Black Mountain (see report R-
98-49). The Black Mountain backpack camp unit was installed last month. It was purchased
under the General Manager's purchasing authority at a cost of$16,113.
I
The $50,000 cost for three installed restroom units at Windy Hill, Monte Bello and Skyline
Ridge was based upon a proposal provided by the contractor and sole source provider,
Restroom Facilities Corporation. The proposal did not include expenses for the payment of
prevailing wages or provision of bond. Both are required by law. Freight costs have also
increased since the proposal was first submitted.
In order to cover these legitimate increases in the total cost of the project, and other
unanticipated costs which may arise prior to the completion of this project, staff requests your
authorization to create a contingency fund for $7,500. Typically, public works projects allow
10 to 15% of the contract price for contingencies encountered during construction. Creating a
contingency fund will allow staff to quickly authorize legitimate change orders without
affecting the project schedule.
I
I
I
I
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX.650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org ^
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
R-98-108 Page 2
The 1998-1999 fiscal year budget included $45,000 for these three restrooms. Including the
contingency fund, the total cost of the three projects will be approximately $15,000 more than
the budgeted amount. Staff anticipates an under-expenditure in the roads and trails budget for
El Corte de Madera Creek Open Space Preserve ($42,000 was budgeted for trail improvements
pending completion of the trail plan for Study Area 2). The trail construction season is
essentially past for this year, making it unlikely that this budget will be spent. Staff proposes
that the over-expenditure for restrooms could come from that budget account.
Plans have been submitted for building permits for the three restroorn units. Upon receipt of
the building permits from the Town of Portola Valley, San Mateo County, and City of Palo
Alto, the three units will be delivered and installed.
Prepared by:
Mary de Beauvieres, Acting Senior Planner
Contact:
Same as above
Regional Open !, .ice
1
R-98-109 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-19
September 9, 1998
AGENDA ITEM _ 5
AGENDA ITEM
Authorization to Solicit Bids for Equipment Storage Building Improvements at the Skyline Field
Office, Skyline Ridge Open Space Preserve
GENERALR' RECO
Authorize staff to solicit bids for equipment storage building improvements at the Skyline Field
Office.
DISCUSSION
At your March 25, 1998 meeting (see Report 98-07), you approved the fiscal year 1997-1998
budget which included $20,000 for storage building improvements at the Skyline field office.
These improvements were described as pouring a concrete floor in the open bay area of the shop,
and obtaining permits for a diesel tank.
Subsequent to discussions with Operations staff, a plan was developed by the Planning Team to
add other features deemed necessary for the storage building improvements (see attached plan).
These include approximately 2200 square feet of excavation, subbase installation, and 5"
reinforced concrete slab floor. In addition, provisions have been made for drainage improvements
along the rear wall, and trench grates by the shop entry doors.
The project will facilitate maintenance and storage of equipment, improve the working conditions
for staff, and provide improved drainage and moisture protection. The preliminary cost estimate
for this work is $17,000. The duration of the project would typically be about two weeks, and
would best be implemented before the end of the calendar year. The project would limit certain
egress to the shop space during this period, but would best be described as an inconvenience.
Staff proposes to solicit bids for this project and return to the Board for final decision on award of
a contract at your October 14, 1998 meeting, if possible.
i
CEQA COMPLIANCE
Project Description
Project consists of installation of a concrete floor in the existing Equipment Storage Shop area at
the Skyline Field Office at the Skyline Ridge Open Space Preserve.
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-98-109 Page 2
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA(California Environmental Quality Act)under Article 19,
Section 15301 of CEQA Guidelines as follows:
Section 15301 exempts the operation, repair, or maintenance of existing public facilities involving
negligible use, or no expansion of use beyond that previously existing. The concrete resurfacing
of the floor will not expand the use, based on this resurfacing.
Prepared by:
John Cahill, Open Space Planner H
Contact person:
Same as above
SKYLINE FIELD OFFICE
Equipment Shop
Surface Improvements /
JHC 8/11/98
storage
Scale: 1"=10' /
new concrete slab
sl— a[apa.J
stemwali
30'0" -:
0
ao
4'7
i
N
Y
b tool room
0
a
24'0"
}, Wash Pad Area
tb
2'
me a ra es
1
i
_______ _ - -
Claims No. 98-16 �
� MeeingS8-19 �
� Date: SeptarnberQ. 1888 �
Revised
� K8|[JPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4653 475.00 Aaron's Septic Tank Service Sanitation Services
4054 20.00 Ace Fire Equipment & Service Co.' Inc. Fire Extinguisher Service
4655 224.19 ADT Security Systems Alarm Services
4658 122.92 Alamo Lighting Light Bulbs
4657 9'600.00 All-Cal Title Company Acquisition Deposit'Lanpheor
4658 260.94 All Laser Service Laser Cartridges 8/ Repairs
4659 361.56 American Traffic Supply Posts
4660 481.34 Anderson Chevrolet Vehicle Repairs
4661 32.00 Arne Sign Signs
4682 163.48 Artnch Laminating Supplies
4683 8.88 AT8/ T Telephone Service
4864 17.05 Barron Park Supply Co. Water System Supplies
4065 274.83 Baileys Uniform Boots �
�
4666 785.00 Berry's Pest Control, Inc. Rodent Proof ing-Enterprise Rental �
4667 600.00 Tim Boat' C.E.G. Gen|nOiat/Hydro|ogiat-'Purimima & ECM
�
4868 486.00 Best Internet Communications Internet Service /
4869 887.40 Big 4 Rents Baokhoe Rental-Ruotroomn Project
�
4670 297.00 BiU'oTovving & Recovery Towing Service �
4871 6'250.81 8ofor'a Printing-- South Skyline Maps �
4672 29'277.78 Brazil's Excavating, Inc. Schilling Lake Landslide Repair /
4073 470.82 Brian KonQaoFou|kEngineers Teague Hill Drainage Report �
�
4674 825.00 Jane Buxton ROSS & FEK84 Project Consultant �
4676 61.30 John Cahill Vehicle Expense .
4676 85.00 California Chamber ofCommerce Regxvetoh Subscription �
�
4877 109.00 °1 California Fish and Game Department Fee Extension Agreement �
4678 708.54 California Water Service Company Water Service �
4679 306.42 CeUondarAanooimteo Windy Hill Parking Lot Consultant �
4680 34.21 Capitol Enquiry, Inc. Congress Direotury-RaouurceDocument �
�
4681 8'483.76 Carter Industries 2 Truck Service Bodies
4683 43.42 Cascade Fire Equipment Co. Fire Equipment and Supplies �
4883 84.03 Peggy Coats Vehicle Expense
4684 100.83 Cn|o Supply Co.' Inc. Rextroom Supplies
4685 37.17 Compass Flooring Systems Cleaning Supplies �
4688 2'382.78 Connpurun Computer Upgrade
4687 110.20 CopVVan* Resource Document Software
4688 187.00 Coatoo Office Supplies
4689 9.040.20 Cotton Shires Aoonnimteo Schilling Spillway Project Consultant
�
4090 1'705.08 Coyote Creek Riparian Station Watershed Assessment
4691 390.78 Daily Express Dozer Transportation Service
4692 84.92 °2 Susan Dale Roimburoannant-Stu# Event Supplies
4093 87.39 °3 Susan Dale Reim buroernont-Tn aster & Coffee Pots
� 4694 172.11 Design Signs Gate Reflectors
|
4695 100.00 °4 Drive Line Service nfSan Jnoo Maintenance & Repairs
| 4896 1'235.00 Dura Crone Raatroom Installation Crane
| 4697 1'404.58 Emily Q/ Associates Personnel Consultant
|
/ 4898 1'079.00 Employment Development Department State Unemployment Insurance
/ 4698 3'027.88 Experian Microfiche Services
/
/
' Page
�
| �� - - - - - - - - - - � - - --��-
�
Claims No. 98-10 �
MeetinQ98-1S
Date: September 8. 18Q8
Revised
/0|[]PEN|NGULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
� */vm 164.50 Fed Ex Express Mail Service
�
4701 202.62 Film toFrame Photos
� 4702 1'000.00 *5 Financial Title Company Acquisition Deposit
�
4703 10\000.00 °S First American Title Ins. Co. Acquisition Deposit �
� 4704 52.50 °7 Foothill College Educational Training--C. Bruins �
� 4706 79.07 Forestry Supplies Head Lanterns �
4706 10.99 Foster Brothers Security Systems Locks & Keys �
� 4707 75.73 G @ K Services Shop Towel Service �
�
4708 74.03 Grainger Straps for VVatertank
4709 1,111.73 Gren|teronk Field Supplies �
4710 110.00 GreenVVootn Recovery, Inc. Skyline Ournpotnr Service
4711 222.51 GTE Wireless Cellular Phone Service
4713 91.86 Hawkins Traffic Safety Supply Parking Signs
4713 405.00 Hayward Peotmaater Services Poet Control--Annex Building
4714 64.95 Hertz Equipment Rental Corp. Dozer Transport
4715 127.41 Interstate Traffic Control Products Vests & Stop/Slow Paddles
4710 3'464.17 JEDA Publications, Inc. Map/Brochure Printing
� 4717 28.00 Jobs Available Job Advertisement Subscription
4718 7'750.00 Joo'a Tractor Service Diacing of 3 Preserves
� 4718 205.06 Ed Jones Badges
4720 77.84 Koab|a & ShuuhetPhotography Slide Enlargements
4721 119.06 Grant Kern Reim buroement-'Unifurm Boots
4722 148.48 Kovin'o Auto Repair Vehicle Repairs
4723 52.43 Kinko'u Printing Services
4724 67.59 KreQnn-CSKAuto Vehicle Supplies
4725 273.94 Langley Hill Quarry Roatroom Project--Russian Ridge
4726 980.55 Lanier Worldwide, Inc. Copier Lease
4727 306.10 Los Altos Garbage Co. DunnpotarSorvioe
4728 461.64 Lucent Technologies Phone Maintenance Service
4728 540.00 K8orxvinK800e Acquisition Consultant
4730 1.122.89 Julie McCullough 8/idgaQ/ Remtroorn Project Consultant
4731 31.56 K0C| Long Distance Phone Service
4732 990.70 °8 Meyer Appliance Appliances--Field Office
4733 1'750'00 K8inrn Accounting Solutions Computer Products 8k Consulting
4734 368.31 K8inton'n Lumber /& Supply Field Supplies
4735 2'800.93 K8otroK8obi|eConnnmuninatinnu Radio Repair & K8ointnnonoa
4736 308.73 Moffett Supply Co. Sanitation Supplies
4737 156.46 Monogram Sanitation HeotroomRopeir
4738 74.58 Ana Montano Vehicle Expense
4739 56.41 National Fire Protection Association Pumper Parts
4740 28.00 National Notary Association Membership Renewal--D. Dolan
4741 200.00 National Safety Council Membership Ronevve|
4742 4'000.00 °9 Navoronn Industries, Inc. Postage
4743 41.99 Navorono Industries, Inc. Postage--Balance Due
4744 75.02 Noble Ford Light Bulbs for Tractor
| 4745 1'000.00 °10 North American Title Co. Emnrnvv Deposit - K8a,don
� 4748 803.05 Office Depot Office Supplies
�
|
Page
|
Claims No. 98-16
Meeting 98-19
Date: September 9, 1998
Revised
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
4747 106.50 Office Helper Office Supplies
4748 1'214.94 Orchard Supply Hardware Field Supplies
4749 1'783.48 Pacific Bell Telephone Service
4750 700.00 Pacific Meridian Resources Appraisal 8arvioam
4751 012.38 °11 City of Palo Alto Perm it-Sewer/Gaptin
4752 201.87 Pearson 0dmmobi|e+Pontieu-GMCTruck Repair Q/ Maintenance
4753 118.00 Peninsula Blueprint, Inc. Printing Q/ Blueprint Service
4754 559.45 PIP Printing Maps Q Brochure Printing '
4755 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
4756 2'750.00 Popish Appraisal &, Consulting Appraisal Services
4757 598.85 °12 Town ofPorto|oValley Perm it-S*vver/Sephc
4758 1'073.03 Pnxvedund Equipment, Inc. Vehicle Supplies
4768 79.500.00 Corte Madera Associates Property
First American Title Insurance Company
4760 13'463.81 Rana Creek Habitat Restoration Corp. Skyline Grassland Study Consultant
4781 56.90 Reed 8kGraham, Inc. Road Repairs
4762 22.20 Regal Dodge' Inc. Vehicle Repairs
4763 2'500.00 °13 The Reitman Group Appraisal Services
4764 12.50 Rich's Tire Service Tire Repairs
4765. 3'304.62 Roy'm Repair Service Vehicle Repairs
4766 189.07 Skyvvood Trading Post Diesel for Tractors
4767 84.10 Staples Office Supplies
4768 245.70 Russ Enterprises Sign Omco|n
4709 289.00 °14 OavidSonguinntti Reim buroennunt-VmhideRepairs
4770 181.29 DovidSonguinatti Reim buroement-Boots
4771 115.90 °15 San Mateo County Parnnit-Rennove Underground Tank
4772 508.40 °16 County ofSan Mateo Planning Dept. Perm it-Sevver/8eptio
4773 108.88 San K8eten County Times Yearly Subscription
4774 110.00 Santa Clara Co. Dept. of Environmental Health Perm it-Hezmrdouo K8oturia|o
4775 100.61 Second Cup Business Meeting Expense
4776 160.07 Shell Oil Fuel
4777 1'722.82 Shelton, Inc. Culverts
4778 177.38 Signs of the Times Signs
4779 778.20 Steven's Creek Quarry, Inc. Rip Rap Rock
4780 346.40 Summit Uniforms Uniforms
4781 2'165.00 Teater & Etc. Maps
4782 60.00 Ternminew Bi-monthly Service
4783 37.50 Tenamooroh Inc. Geotaohnioa| Service--Bridge Projects
4784 1'516.58 Tenatech Landslide Consulting Services
4785 2'269.93 Thernna Corp. Monthly Maintenance-Dimto| Building
4786 2'867.80 USRente|o BaokhoeRontu|
| 4787 7.43 University Art Mapping Supplies
| 4788 1'883.35 °17 Visa 214.99 Uniforms
/
| 127.31 Field Expenses
/ 2O7�1O Native Plants
|
' 800.00 Appliances--Field Offices
| 60.77 Business Meeting Expenses
| 158.00 Seminar Expense
� 115.18 Search & Rescue Equipment
|
Page
i
� Claims No. 98-16 |
� Meeting 98-19 |
|
Dote: Gnpternbar9. 1998
|
Revised
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
|
# Amount Name Description |
4790 300.00 Roberta Wolfe Recording Services |
4791 170.30 Mike Williams Vehicle Expense /
|
4792 63.84 VVhee|amnith Vehicle Repairs
4793R 44O94 Pettyamh Postage, Loca| Bu�inam� K8ea�ingE�pen�e' ' ' |
Film Deve|opinA, Nature Center Supplies, |
O#Dom 8upp|iem, Field Supplies and Fuel |
�
°1 Urgent Check Issued August 17'1998 |
° |
� Urgent Issued August 13'19S8
* �
3 Urgent August
°4 Urgent Check Issued August 18,1998
°5 Urgent Check Issued Auguot27'1S9B �
°0 Urgent Check Issued August 2O'1S98 �
°7 Urgent Check Issued September 1'1998
°O Urgent Check Issued August 17'1998
°9 Urgent Check Issued August 17'1998
°10 Urgent Check Issued August 2O'1998
°11 Urgent Check Issued August 2O'1988
� °12 Urgent Check Issued August 2O'1QS8
� °13 Urgent Check Issued August 27'1988
� °14 Urgent Check Issued August 2O'1988
� °15 Urgent Check Issued August 17'1888
� °18 Urgent Check Issued August 21'1S88
� °17 Urgent Check Issued August 27'1988
TOTAL 249'408.92
/
�
|
�
�
�
�
�
�
�
�
�
�
�
�
�
�
�
| �
|
|
|
|
|
/
/
Page
Claims No. 98-16
� Meeting 98-19
� Date: September H. 1998
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
� 4653 475.00 Aaron's Septic Tank Service Sanitation Services
4654 20.00 Ace Fire Equipment & Service Co.' Inc. Fire Extinguisher Service
4655 224.19 ADT Security Syo1ennm Alarm Services �
4656 122.92 Alamo Lighting Light Bulbs
4667 9'800.00 All-Cal Title Company Acquisition Deposit-Lanphear
4858 260.84 All Laser Service Laser Cartridges & Repairs
4659 361.58 American Traffic Supply Posts
4660 491.34 Anderson Chevrolet Vehicle Repairs
4661 32.06 Arne Sign Signs
4682 163.49 ArtechLannineting Supplies
4083 8.88 AT & T Telephone Service
4664 17.05 Barron Park Supply Co. Water System Supplies
4665 274.83 Baileys Uniform Boots
4686 785.00 Berry's Pest Control, Inc. Rodent Proof ing'EntarpriooRental
4007 600.00 Tim Best, C.E.G. Geo|ogiat/Hydro|ogiot-'Purioirne 6k ECM
4688 466.00 Best Internet Communications Internet Service
4809 887.40 Big 4Rents 8aohhoeRento|-Rentrnonn Project
4070 297.00 Bi||'o Towing & Recovery Towing Service
4671 6'256.81 Bofor'u Printing- South Skyline Maps
4672 29'277.78 Brazil's Excavating, Inc. Schilling Lake Landslide Repair
4673 470.82 Brian KongooFou|kEngineers Teague Hill Drainage Report
4674 825.00 Jane Buxton ROSS &^ FEK4A Project Consultant
4675 61.30 John Cahill Vehicle Expense
4676 95.00 California Chamber ofCommerce Regvvatch Subscription
4077 108.00 *1 California Fish and Game Department Fee Extension Agreement
4878 706.54 California Water Service Company Water Service
4679 300.42 CaUanderA000cioton Windy Hill Parking Lot Consultant
4080 34.21 Capitol Enquiry' Inc. Congress D|rautory-RaoourceDocument
4881 0'483.76 Carter Industries % Truck Service Bodies
4082 43.42 Cascade Fire Equipment Co. Fire Equipment and Supplies
4683 64.03 Peggy Coats Vehicle Expense
4684 100.83 Cu|m Supply Co.' Inc. Reotronmm Supplies
4085 37.17 Compass Flooring Systems Cleaning Supplies
4688 2'382.78 Compurun Computer Upgrade
4687 110.20 CopVVara Resource Document Software
4888 187.00 Cootoo Office Supplies
4689 9'040.20 Cotton Shires Associates Schilling Spillway Project Consultant
4890 1'705.00 Coyote Creek Riparian Station Watershed Assessment
4691 390.78 Daily Express Dozer Transportation Service
4692 84.82 °2 Susan Dale Roinnburoennont-Steff Event Supplies
4693 97.39 °3 Susan Dale Reim burooment''Toaatar & Coffee Pots
4694 172.11 Design Signs Gate Reflectors
4885 100.00 °4 Drive Line Service of San Jose Maintenance & Repairs
4696 1'235.00 DuraCrana Reotroorn Installation Crone
4897 1'404.58 Emily O^ Associates Personnel Consultant
� 4698 1'079.00 Employment Development Department State Unemployment Insurance
�
4699 3'027.98 Empedan Microfiche Services
/ Page 1
�
�
Claims No. 98-18
Meeting98-1S
Date: SoptennberQ. 1998
K8|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
� 4701 202.82 Film to Frame Photos
4702 1'000.00 °6 Financial Title Company Acquisition Deposit
�
� 4703 10'000.00 °G First American Title Ins. Co. Acquisition Deposit �
�
4704 52.50 °7 Foothill College Educational Training--C. Bruins �
4785 79.07 Forestry Supplies Head Lanterns �
4706 10.89 Foster Brothers Security Systems Lncke & Kayo �
4707 76.73 G 8' K Services Shop Towel Service
4708 74.63 Grainger Straps for VVoterLonk
4709 1'111.73 Graniterook Field Supplies
�
4710 110.00 GreenVVamtu Recovery, Inc. Skyline Dunnpotar Service �
4711 222.51 GTE Wireless Cellular Phone Service
4712 91.86 Hawkins Traffic Safety Supply Parking Signs
4713 405.00 Hayward Pentnnaoter Services Pest Control--Annex Building �
4714 84.85 Hertz Equipment Rental Corp. Dozer Transport
4715 127.41 Interstate Traffic Control Products Vests 8 Stop/Slow Paddles
4710 3'404.17 JEDA Publications, Inc. Map/Brochure Printing
4717 28.00 Jobs Available Job Advertisement Subscription
4718 7'750.00 Jue'e Tractor Service Dincing of Preserves
4718 205.06 Ed Jones Badges
4720 77.84 Kaeb|e8/ ShuohatPhotography Slide Enlargements
4731 118.00 Grant Kern Reim buraement--UnifornnBoots
4722 148.48 Kovin'n Auto Repair Vehicle Repairs
4723 52.43 0nko'u Printing Services
4724 67.58 Kragen-CSK Auto Vehicle Supplies
� 4725 273.84 Langley Hill Quarry ReotroonoProject-RuuoienRidge
�
� 4726 980.65 Lanier Worldwide, Inc. Copier Lease
� 4727 306.10 Los Altos Garbage Co. DunnpoterSen/icu
� 4728 461.64 Lucent Technologies Phone Maintenance Service
4729 540.00 KAervvin Mace Acquisition Consultant
4730 1'122.88 Julie McCullough Bridge & Rootroomn Project Consultant
4731 31.56 &4C| Long Distance Phone Service
4732 990.70 °8 Meyer Appliance Appliances--Field Office
4733 1'750.00 Micro Accounting Solutions Computer Products & Consulting
4734 388.31 K8inton'o Lumber & Supply Field Supplies
4735 2,800.83 K8etroK8obi|eConnrnuninetionn Radio Repair Q' Maintenance
4736 308.73 Moffett Supply Co. Sanitation Supplies
4737 156.46 Monogram Sanitation ReotroomRepoir
� 4738 74.58 Ana Montano Vehicle Expense
� 4739 56.41 National Fire Protection Association Pumper Parts
� 4740 29.00 National Notary Association Membership Renewal--D. Dolan
� 4741 200.00 National Safety Council Membership Renewal
4742 4.000.80 °9 Navarone Industries, Inc. Postage
4743 41.99 Nevarono Industries, Inc. Postage--Balance Due
4744 75.02 Noble Fond Light Bulbs for Tractor
4745 1'000.00 °10 North American Title Co. Escrow Depoait - K4arden
4748 803.06 Office Depot Office Supplies
Page
Claims No. 98-16
xxeeon8yo-ly
� Date: SeptornberS. 1998
M|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT
�
� # Amount Name Description
� 4747 106.50 Office Helper Office Supplies
� 4748 1'214.94 Orchard Supply Hardware Field Supplies �
� 474S 1 �8348 Pacific Telephone� ' . �
� 4750 700.00 Pacific Meridian Resources Appraisal Services �
4751 612.39 °11 City of Palo Alto Perm ii--Sevver/Septic
4752 201.87 Pearson <]|dnrnobi|e-Pnntioc'GK8CTruck Repair 8/ Maintenance
4753 118.00 Peninsula Blueprint, Inc. Printing /& Blueprint Service
4754 558.45 PIP Printing K8epm /& Brochure Printing
4755 255.64 Pitney Bowes Credit Corporation Postage Meter Lease �
4756 2,750.00 Popinh Appraisal & Consulting Appraisal Services
�
4757 598.95 °12 Town ofporto|aValley Perm it-Sexve//Septic
4758 1'073.03 Povvodand Equipment, Inc. Vehicle Supplies �
4769 78'500.00 Peninsula Open Space Trust Corte Madera Associates Property
4760 13'403.81 Rana Creek Habitat Restoration Corp. Skyline Grassland Study Consultant
4761 56.90 Reed & Grmhamn' Inc. Rood Repairs
4762 22.26 Regal Dodge' Inc. Vehicle Repairs
4783 2'500.00 °13 The Reitman Group Appraisal Services
4764 12.50 Rich's 7Rvn Service Tire Repairs
4785 3'304.82 Roy'n Repair Service Vehicle Repairs
�
4700 189.07 SkyvvoodTrading Pont Diesel for Tractors
4767 84.10 Staples Office Supplies
4768 245.70 Russ Enterprises Sign Decals
4769 288.00 °14 David Sanguinetti Reim buroernent-Vehio|a Repairs
4770 181.28 DovidSanguinetti Reim burannmmnt-Boota
4771 115.80 °15 San Mateo County Porrnit-Rennov* Underground Tank
� 4772 508.40 °16 County of San Mateo Planning Dept. Perm it-Sevver/Soptio
�
4773 168.88 Sun Mateo County Times Yearly Subscription
4774 110.00 Santa Clara Cu. Dept. of Environmental Health Permit--Hazardous K8atario|u
�
� 4775 100.61 Second Cup Business Meeting Expense
4776 160.07 Shell Oil Fuel
4777 1'722.92 Shelton, Inc. Culverts
� 4778 177.39 Signs of the Times Signs
� 4779 778.20 Steven's Creek Quarry, Inc. Rip Rap Rock
�
4780 340.40 Summit Uniforms Uniforms
�
4781 2'165.00 Teatar & Etc. Maps
4782 00.00 Tarminex Bi-monthly Service
4783 37.50 Tana000,oh Inc. Geotenhnioa| Service--Bridge Projects
4784 1'518.58 Terratach Landslide Consulting Services
4785 2.369.93 Thernme Corp. Monthly Maintenance-Diote| Building
4786 2'987.90 USRento|m 8ackhooRenta|
4787 7.43 University Art Mapping Supplies
4788 1'683.35 °17 Visa 214.09 Unihznna
12731 Field Expenses
207.10 Native Plants
800.00 Appliances--Field Offices
80.77 Business Meeting Expenses
158.00 Seminar Expense
115.18 Search & Rescue Equipment
Page
Claims No. 98-16
Meeting 98-19
Date: September B. 1998
K8|[3PEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
� 4790 300.00 Roberta Wolfe Recording Services
4791 170.30 Mike Williams Vehicle Expense |
4793 63.94 VVhee|ynnbh Vehicle Repairs |
°Y Urgent Check Issued August 17'1898
°2 Urgent Check Issued August 13'1998
°3 Urgent Check Issued Auguot24'1888
°4 Urgent Check Issued August 18'1898
� =5 Urgent Check Issued Auguot27'19S8
°G Urgent Check Issued August 2O,1S88
°7 Urgent Check Issued September 1'1888
°8 Urgent Check Issued August 17,1898
°S Urgent Check Issued August 17'1998
°10 Urgent Check Issued August 30'1SS8
� °1 1 Urgent Check |oouod August 30'1888
°12 Urgent Check Issued August 20,1988
°13 Urgent Check Issued August 27'1S9B
°14 Urgent Check Issued August 2O'1GGB
°15 Urgent Check Issued August 17'1998
°18 Urgent Check Issued August 21'1988
°17 Urgent Check Issued August 27'1S98
TOTAL 248'968.98 '
�
�
�
�
Page 4
�
Regional per � � -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: September 9, 1998
SUBJECT: FYI
I
I
I
330 Distel Circle • Los Altos, CA 94022-1404 + Phone: 650-691-1200
FAX: 650-691-0485 • E-mail: mrosd@openspace.org Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T_Srn ernoff,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz - General Manager L Craig Britton
INTEROFFICE MEMORANDUM
September 9, 1998
To: Craig Britton, General Manager
John Escobar, Operations Manager
From: David Sanguinetti, Area Superintendent
Subject: Recent Vandalism and Illegal Trail Construction at El Corte de Madera Open Space Preserve
Over the last few months, the Skyline field staff has been documenting an increase in vandalism, illegal use
of closed trails, and illegal rerouting of an existing trail. The activity may be the result of disagreement
with the District's trail plan.
Unauthorized Trail Use
August 16, 1998: Ranger Malone discovered two closed trails had been reopened and their entrances
camouflaged to keep staff from discovering them. Both trails had been illegally signed to advise others to
keep them camouflaged so that the trails would not be discovered (see copies of signs attached).
Unauthorized Trail Reroute
July 25 and September 5, 1998: Ranger Malone closed a thirty-foot section of trail that was illegally
rerouted through a ring of Redwood trees on the new Leaf Trail extension. The trail was built with the
help of Responsible Organized Mountain Pedalers (ROMP) volunteers during the summers of 1996-97 and
opened in the spring of 1998.
Sign and Barrier Vandalism
July 18, 1998: Supervising Ranger Danielson found the "Area Closed" sign on the upstream side of the
Pipeline Trail cut in half.
August 30, September 3 and 5, 1998: Rangers Downing and Phillips discovered "No Bulldozer" decals
placed over the "No Vehicles" emblem on the District regulatory signs at gates CM02, 3, 8, 9, and 10 (see
decal photocopy attached).
September 5, 1998: Ranger Phillips discovered the "Preserve Hours" sign at gate CM02 had been
removed.
September 5, 1998: Ranger Malone found the Methuselah Trail sign on the west side of El Corte de
Madera Creek vandalized to read "914 Trail." (This is the name bicyclists informally give to the trail that
once was the home of an abandoned model 914 Porsche.)
September 5, 1998: Ranger Malone found the trail directional sign at the intersection of the old section of
the Leaf Trail and the Methuselah Trail cut in half.
June 5, 1998: Ranger Malone found a trail directional sign sawed off at the Lawrence Creek and Gordon
Mill Trail junction. He also discovered three trail closure fences damaged, seven "Closed Not a Trail"
signs missing, and one "Area Closed" sign missing, all on various illegal trails that have been closed for
restoration.
El Corte 'de Madera Secret wail Network
ab ull( dozer-
free zone)
"Library"
c � �
i gar
Note: If we want to continue riding trails like
this, we can 't make them too obvious to the
MRQSD. Please carry your bikes across the
entrance and exit, and cover these with brush, if
possible.
i
F
"Remember the Porsche! "
qZS 14-9 . -
El Corte de Madera Secret Trail Network
(a bulldozer-free zone)
"Garbage
car a e
Note: If we want to continue riding trails like
this, we can 't make them too obvious to the
MROSD. Please carry your bikes across the
entrance and exit, and cover these with brush, if
possible.
"Remember the Porsche! "
yIII)PENINSULA REGION ' ' )PEN SPACE DISTRICT
INCIDENT REPORT Page _� of Z
Violations: Yes No
Code Section
Site Cp>fz:T OkDF—(� 05? Date —Au-,, 3Zo Lq<i$
Incident ViVAE)f'f-LtS.M Time AM / PM
2.
Involved Persons 3.
Name VA K/JbU3-J'J Sex/Race / Ht/Wt /
Address DOB / / Hair/Eyes /
Vic,Sus,Wit CDL Home Phone( ) Work Phone(
Name Sex/Race / Ht/Wt /
Address DOB / / Hair/Eyes /
Vic,Sus,Wit CDL Home Phoned ) Work Phone(
❑ Name Sex/Race / Ht/Wt /
Address DOB-1 / Hair/Eyes /
Vic,Sus,Wit CDL Home Phone( } Work Phone( 1
Name Sex/Race / Ht/Wt /
Address DOB / / Hair/Eyes /
Vic,Sus,Wit CDL Home Phoned } Work Phoned }
Involved Vehicles
Lic. State Yr. Make Model Body Color
Lic. State Yr. Make Model Body Color
Evidence:
Details:
-Fox ') 5 t s
�/�j0 LL aZ�vzS��
irmcAirs — 'N A-
c a�J S �
M �c 7)C S C . — WO 9 "4!e 9S
1 2 -Yxt (.L ✓G Opt y LL
Apo. Ranger faZl ✓I 1 rt Date Z
S sit;on # Signature d(— I.D.# 3
Supervising Ranger Signature: Date
(FP-4 Dec. 1995)
I
I '
IRS 1NfIDPENINSULA REGIONA7 )PEN SPACE DISTRICT q 5 F t
INCIDENT REPORT Page 1 of Z
Violations: Yes X'_ No
Code Section
Site fz'rF rAk-0E(ZA 05P Date Al� 3C)
Incident \ t-jV iSm Time AM / PM 1. PA �03
,% y I
2.
Involved Persons 3.
Name (NNJ Kf3,2W-)J Sex/Race / Ht/Wt /
I
Address DOB / / Hair/Eyes /
Vic,Sus,Wit CDL Home Phone( ) Work Phone,(El )
I
Name Sex/Race / HVWt /
Address DOB / / Hair/Eyes /
Vic,Sus,Wit CDL Home Phone( } Work Phone( )
Name Sex/Race / Ht/Wt /
Address DOB / / Hair/Eyes /
Vic,Sus,Wit CDL Home Phone( ) Work Phone( )
Name Sex/Race / Ht/Wt /
Address DOB / / Hair/Eyes /
Vic,Sus,Wit CDL Home Phone( ) Work Phone( )
Involved Vehicles
Lic. State Yr. Make Model Body Color
Lic. State Yr. Make Model Body Color
Evidence:
Details:
N 0 F!5 t 01y, u, n
I )�tk d9ire, 4/7s I s
— -N A,
�J S ct �0►�l — •k�C► gS-
e CU s ,-✓.e G�E'Ce s5
(.f OeS_ - !j,
p
o- Ranger n dxo Da'tePj
S sition # ( 3
Signature �--- I.D.#
Supervising Ranger Signature: Date
(FP-4 Dec. 1995)
NPENINSULA REGIONAL OPEN SPACE DISTRICT IR#FL t I �_J
INCIDENT REPORT SUPPLEMENT Page 2-- of
Additional Information:
�{ �/t o t3-r c-�z Q
ACrn o P,3
a
a
f r �
S �od e -
✓
' UC �
�7
` 6
Ranger (?�+'1 r�12 Date
Signature I.D.# � f 3
Supervising Ranger Signature: Date
GStigall@aol.com, 12 :_Q AM 9/6/98 E, copy of LTE/ _,>r your info
Return-Path: GStigall@aol .com
From: GStigall@aol .com
Date : Sun, 6 Sep 1998 00 : 56 : 10 EDT
To: Feral Pigs <gstigall@aol . com>
Subject : copy of LTE/for your info
X-Rcpt-To: mrosd@openspace .org
X-MIME-Autoconverted: from quoted-printable to 8bit by shell7 :ba.best. com
id VAA28962
September 5, 1998 .
Letter to the Editor
SAN JOSE MERCURY NEWS
750 Ridder Park Drive
San Jose, CA 95190
Dear Editor,
Thank you for your coverage of the animal rights activists' advocacy for
feral
pigs ("Activists target parks' pig-killing policy) , and their outrage over
plans to potentially shoot pigs .
I find it outrageous that these same activists seem completely unconcerned
about the countless native species who are being increasingly decimated by
a
major form of habitat loss, that being biological invasions from non native
species, including feral pigs—.
The concept of relocating these destructive non native animals is ludicrous
any place to which they would be relocated (read, "dumped") , would be
ecologically impacted by their presence . These pigs are not native - they
are
hybrid animals without whom California' s ecosystems evolved.
It' s very sad when animals die because of "mismanagement" by humans, as is
the
case with allowing feral pigs to live in California' s fragile ecosystems .
However, it' s far MORE tragic that California' s native flora and fauna
continually pay the price as a result of not only this mismanagement, but
also
the emotional battles created by animals rights activists who seemed
unconcerned about the future of native ecosystems .
Sincerely,
Georgia Stigall
etc.
Printed for Open Space District <mrosd@openspace.org> 1
i
I
Reoional Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
DATE: September 2, 1998
TO: Craig
FROM: Malcolm
RE: Bill Spangle Fund
Bunny Congdon in our accounting department has set up a segregated bookkeeping file
to receive donations in memory of Bill Spangle. Donations which are made in his
memory will be entered in this accounting file, and the amounts segregated for use in
acquisition or related expenses.
As usual, the donors will receive an acknowledgement from the District. We will also
notify Mrs. Spangle of the names of the donors, and provide an update to the Board at a
future date.
I
li
i
i
I
I '
I LI
I I
330 Distel Circle Los Altos CA 94022-1404 Phone: 650-691-1200
FAX:650-691-0485 - E-mail: mrosd@openspace.org « Web site,www.openspace.org „.
Board of Directors Pete SierTiens,Mar � � .. ... ..�...__-__ _ .__�.....
y C.Davey,led Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz -General Manager L.Craig Britton
News
Pioneer regional planner
William E. Spangle dies
William E.Spangle,prominent the effort to develop the first
city and regional planner who statewide comprehensive plan un-
helped shape San Mateo County der Gov. Edmund G. "Pat"
and the Bay Area during his 50- Brown.Earlier,he helped develop
year career,died Aug. 18 in San the first zoning ordinance for the
Rafael.He was 86. city and county of San Francisco.
He and his wife, Frances, He led his firm in the preparation
moved to Marin County in 1990 of general plans for Bay Area
after his retirement as president of cities,including Sausalito,South
the consulting firm he founded in San Francisco, Burlingame,
1959,William Spangle&Asso- Woodside,Portola Valley and Los
ciates, located in Ladera,a short Altos Hills.
walk from their home. Mr. Spangle was credited by
Mr. Spangle led the planning Nonette Hanko, charter board
team that developed the 1960 San member of the Midpeninsula Re-
Mateo Countywide Master Plan, gional Open Space District,with
one of the first in California.Lo- having the original idea that led to
cally, his firm has served as the the formation of the open space
planning consultant for the town district. He advocated that the
of Portola Valley since its incor- way to preserve open space on the
poration in 1964. He was a Peninsula was to form a special
founder of the Midpeninsula Re- district to buy the land.The dis-
gional Open District 26 years ago. trict now has saved 42,000 acres
For his major role in initiating of open space on the Peninsula.
regional comprehensive planning He was honored as one of the
in the San Francisco Bay Area, founders of the district at the ded-
Mr. Spangle received a national ication of a plaque on Monte
"Planning Pioneer"award in 1992 Bello Open Space Preserve on
from the American Institute of June 25, 1995.
Certified Planners at its 75th an- Mr.Spangle has been described
niversary celebration in Wash- by colleagues as "a planner's
ington, D.C. This award planner"for his vision and high
recognized his outstanding con- professional standards. He de-
tributions to planning practice, signed his major and received the
theory and literature and his role first degree in city planning
as a consultant in the original plan awarded by the University of Cal-
on which the BART system(Bay ifornia, Berkeley, in 1938. He
Area Rapid Transit)was based. was a founding member of Tele-
Among Mr. Spangle's many sis,the group responsible for ini-
contributions was his key role in tiating regional comprehensive
planning in the Bay Area.Later,
x he started the planning program at
San Jose State University and also
1- taught at the University of Pitts-
burgh and the University of Cali-
fornia,Berkeley.
w Born and raised in Fair Oaks,
tea` California, Mr. Spangle would
have been 87 on Nov. 11. In re-
cent years, he suffered from
Alzheimer's disease.Private fam-
ily services were held last week.
He is survived by his wife,
Frances,of San Rafael;their son,
-'= William Edward Spangle of Port-
f"sip
•i land, Oregon; and daughter,
Louise Spangle of Long Island,
L New York;and grandsons,Daniel
and Colin Walfield of Long Is-land.
Memorial contributions in his
William E.Spangle founded a memory may be made to the
firm that served as planning William E.Spangle Fund in care
consultant for the town of Por- of the Midpeninsula Regional
tola Valley since its incorpora- Space District,330 Distel Circle,
tion in 1964. Los Altos,CA 94022-1404.
Regional Open ace
--------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
September 3, 1998
Honorable Ted Lempert
Member, California State Assembly
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0001
Dear Assemblyman Lem pert:
Thank you once again for your tremendous and untiring efforts in trying to gain
funding to implement trail and staging area developments on abandoned California Hiking
and Riding Trail easements. I think we all knew after the passage of AB 1366 that it would
be an uphill battle to gain funds for these projects, and you have been exemplary in
working to this end.
On behalf of the Board,
the District staff, and our constituents I applaud your
continued support and work to secure open space for the public. Your commitment to
parks, recreation, and open space should serve as an example to other legislators as a
crucial factor in maintaining the quality of life in California.
Again,thank you for your fine work, and for your continuing support of the
Midpeninsula Regional Open Space District and its projects.
Sincerely,
4RI�11 ot_t�
Betsy Crowder, President
Board of Directors
BC/mcs
cc: MROSD Board of Directors
Ralph Heim
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
September 3, 1998
Ms. Jeanne Sedizewick
Conservation Program Director
David and Lucille Packard Foundation
300 Second Street,-Suite 200
Los Altos, CA 94022
Subject: Support for grant application #3175
Dear Ms. Sedgewick:
The Land Trust for Santa Clara County will provide a much-needed presence in
an area where there is no other private non-profit land conservation entity. As a partner to
the local government agencies involved in managing open space and park lands, this trust
has an unparalleled opportunity to make a huge difference in the public's quality of life
both today, and in the future.
The Midpeninsula Regional Open Space District hopes that the David and Lucille
Packard Foundation can assist this fledgling land trust in getting established, so it can
then gain a foothold in the area and begin its land conservation efforts. There are many
critical time-sensitive opportunities for land conservation in Santa Clara County, which
this new land trust can address if it is able to quickly become operational. The help of the
Foundation will ensure that no time is lost, and will thereby enhance opportunities for
land conservation to be undertaken by the Land Trust for Santa Clara County.
Please give your utmost consideration to grant request#3175.
Si er ly',
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
Larry Coons
330 Distel Circle * Los Altos, CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 # F-rnail: mros(l@opeiisl)ace.org Web site:www.openspace.org T"
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Vianko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton
Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
September 3, 1998
Honorable Jim Cunneen
Member, California State Assembly
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0001
Dear Assemblyman Cunneen:
On behalf of the Board, staff, and constituents of the Midpeninsula Regional Open
Space District, I'd like to thank you for sending a letter to the Governor in support of line
item#3640-102-0001 in the proposed State budget. Although this item was ultimately
deleted by the Governor,we greatly appreciate your effort in requesting that he support
funding for trail and staging area development on abandoned California Hiking and Riding
Trail easements.
Your continued support of parks and open space is a clear illustration of your
commitment to maintaining the quality of life throughout California. With other priorities
at the State level, your willingness to work for funds to help the public enjoy open space is
even more important and appreciated.
Again, thank you for asking the Governor to support our funding request, and for
your enduring support of the Midpeninsula Regional Open Space District.
Sincerely,
Betsy Crowder, President
Board of Directors
BC/mcs
cc: MROSD Board of Directors
Honorable Ted Lempert
Ralph Heim
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
September 3, 1998
Ms. Mary Burns
Director, San Mateo County Department of Parks and Recreation
455 County Center, 4th Floor
Redwood City, CA 94063-1646
Dear Ms. Burns:
On behalf of the Midpeninsula Regional Open Space District, I'd like to offer my
congratulations on your appointment as Director of San Mateo County Parks and
Recreation. I'm sure you'll find working this area to be challenging, rewarding, and with
many opportunities to provide parks, recreation, and open space services to your new
constituents.
As a local government agency with overlapping jurisdiction, the Open Space
District is involved in rural open space acquisition and management, in portions of both
San Mateo and Santa Clara Counties (from San Carlos to Los Gatos). County Parks and
the District have enjoyed a positive relationship on a number of overlapping issues and
cooperative efforts. I have enclosed copies of some of our maps and other materials so
that you can get a flavor for our role in this region.
I'm looking forward to our lunch meeting on September 9, and to introducing you
to our Board of Directors at its regular meeting that evening. Again, congratulations on
your appointment.
Si cerel�' ,
L. r ton
General Manager
LCB/mcs
cc: MROSD Board of Directors
enclosures
0
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.Sniernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
1
Regional Open ice
--------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
i
FROM: C. Britton, General Manager ;
DATE: September 4, 1998
SUBJECT: FYI
I
i
j II
i
a
1
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
L
MEYERS, NAVE, RIBACK, SILVER & WILSON NORTH BAY OFFICE
MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION
ELISTEVEN R.MEYERS 555 FIFTH STREET,SUITE 230
MICHAEL
S.RIBACK GATEWAY PLAZA ABE H.SILVER SANTA ROSA,CA 95401
MIC S
KENNETH A.WILSON TELEPHONE:(707)545-8009
DAVID W.SKINNER 777 DAVIS STREET, SUITE 300 FACSIMILE:(707)545-6617
STEVEN T.MATTAS SAN LEANDRO, CALIFORNIA 94577
MICHAEL F.RODRIOUEZ TELEPHONE: (510) 351 4300
CLIFFORD F.CAMPBELL CENTRAL VALLEY OFFICE
KATHLEEN FAUBION,AICP FACSIMILE: (510) 351-4481
RICK W.JARVIS 5250 CLAREMONT AVENUE
DEBBIE F.LATHAM STOCKTON,CA 95207
ARNE B.SANDBERG TELEPHONE:(209)951-4080
BENJAMIN P.FAY FACSIMILE:(209)951-3009
DANIEL A.MULLER
LIANE M.RANDOLPH
PATRICK WHITNELL
KATHARINEG.WELLMAN
JOHN W.
GARYA WATT TRUXAW September 1, 1998
JULIE L.HARRYMAN
ADAM U.LINDGREN Reply To:
DIANE B.ROLEN
_ San Leandro
OF COUNSEL
ANDREA J.SALTZMAN
CERTIFIED APPELLATE SPECIALIST
STEFANIE Y.GANDOLFI
President Betsy Crowder and Board Members
Mid Peninsula Regional Open Space District
330 Distel Circle S E P 2
Los Altos, CA 94022-1404
Re: Montgomery L. Patterson v. City of Livermore
Court of Appeal No. A079918
Dear President Crowder and Members of the Board of Directors:
I represent the City of Livermore in the case of Patterson v. City of Livermore. This
lawsuit was one prosecuted by a bicyclist who became injured after he decided to leave a
paved bicycle path, and venture out over open terrain. Mr. Patterson has been trying to
blame the City of Livermore for his injuries.
Although the City was able to prevail against Mr. Patterson in the Superior Court,
he succeeded in getting his judgment reversed in the Court of Appeal. In the process, the
First District Court of Appeal rendered a published decision that represented a substantial
set back to those of us who are interested in protecting public entities by immunizing
them against the claims of people like Mr. Patterson: people who become injured while
participating in the hazardous recreational activity of mountain bicycling.
I am writing now to thank you for the letter brief you submitted to the California
Supreme Court, in which you supported Livermore's Petition for Review and, its Request
for Depublication of the Court of Appeal's unfortunate opinion. While the Supreme
President Betsy Crowder and Board Members
September 1, 1998
Page 2
Court decided not to hear the case, it did order the Patterson opinion to be depublished.
As you may be aware, this Order deprives the case of any precedential authority. That is
to say, although the opinion is still bad news for my client, it won't come back to haunt
other public entities who are faced with similar claims.
I believe you deserve a large measure of the credit for the Supreme Court's decision
to depublish Patterson. The brief you presented was well-reasoned and forceful. I feel
fortunate, indeed, to have had your assistance at the time of our presentation before the
Supreme Court. I am gratified to learn of a Board with the vision to appreciate that legal
matters outside its District can have a substantial impact on its own operations. I am
gratified, further, that this Board was not only able to appreciate fully the impact of the
Patterson case, but that it could also promptly and affectively intercede in a way that kept
this opinion from causing any permanent damage.
Once again, thank you for your assistance.
Very truly yours,
MEYERS, NAVE, RIBACK, SILVER &WILSON
iff Campbell
P
CFC:edl
c: Bill Henderson, Risk Manager
Susan Schectman, Legal Counsel - Mid Peninsula Regional Open Space District
L. Craig Britton, General Manager - Mid Peninsula Regional Open Space District
J:\W PD\MNRSW\121\LTR\41\CROWDER.901
f
Stanford
ATHLETICS
Home of Champions
Department of Athletics A U G i 8
Stanford University .,Stanford,CA 94305-6150 rjULA r
www.gostanford.com
August 14, 1998
Mr. L. Craig Britton
General Manager
Mid-Peninsula Regional Open Space District
330 Distel Circle
Los Altos, California 94022-1404
Dear Mr. Britton,
I appreciate your letter outlining the permit policies for the Rancho San Antonio Open
Space Preserve. I was very sorry to learn of the mishap at the preserve. The ranger did let
me know that the child was okay. If you could send me the name of the child,I'd like to
send a personal apology to him/her.
The runners in each of our groups were instructed to be courteous, cautious, and aware
of their surroundings before and after their run at the preserve. It is unfortunate that this
accident occurred, and it is my understanding that the runner involved did stop to see if the
young child was fine.
i I'm grateful for your clarification of the proper procedures for using the open space
preserves. In the future we will request the necessary permits from the District prior to
scheduling a group activity at the preserve.
Sincere ,
' �,btl�wwrr �
Vin anna
Dir c r of Track&Field/Cross Country
T R A I L S I S S U E S
Trails conference emp hasizes collaboration
Parks and recreation may be a key collaborator
by Mary Burns and Kate Bickert
Enthusiasm for trails and trail- California also had its own spotlight The growth of trail issues
related activities has been during the conference, with close to
growing,both nationwide and 250 Californians laying out their vi- Once thought of as merely a local
in the state of California. More Cali- sion for trails into the next century. issues with limited appeal, trails are
fornians report participation in walk- now one of the fastest growing seg-
ing, biking and hiking activities, and Many issues, one theme ments of the parks and open space
this trend may well continue into the 1 movement throughout the United
I
next millennium. During the conference,many issues States. CPRS member Paul Romero,
That's why the call for collabora- were identified that will impact trail director of the Santa Clara County
tion recent made at an international development, including: liability of Parks and Recreation Department,
trails conference should be recog- trails,shared use,in-
nized by park and recreation profes- tegrating trails with
sionals. alternative transpor- Once thought of as merely a local issues
The fact that this first International tation to reduce au- with limited appeal, trails are now
Trails and Greenways Conference was tomobde congestion
held January 28-31, 1998, in San Di- and parking needs, one of the fiastest growing segments of
ego points to California strength in more funding for the parks and open space movement
trails and greenways issues.Conference j trails, working with
attendees—an international group of I volunteers, better throughout the United States.
more than 850 people from all 50 access to relevant in-
states, the District of Columbia, Pu- j formation for trail professionals and noted that the appeal of trails has been
erto Rico and a dozen foreign coup- the public, and building cooperative growing to the point where he pre-
tries--discussed a wide range of top- relationships between elected officials, dicts the 1990s will become known as
ics, from economic benefits to trail public and private agencies,trail users "the Decade of Trails."
design and liability issues to the role 1 and nonprofit organizations. Planners see the issues as a way of
trails can play in creating sustainable Despite all of these various issues, connecting communities. Environ-
communities. one of the main themes emerging from mentalists see them as a way of pre-
Rails-to-Trails Conservancy and both the California meeting and the serving valuable open space and
California State Parks sponsored the broader international conference was broadening citizen support for acqui-
conference,with the intent to enhance that there is both a need for and op- sition of threatened properties.Alter-
dialogue on trails and greenway issues portunities for trail advocates to col- native transportation activists, long
and to underscore the increased need j laborate with new constituencies. realizing the value of walking and bik-
for collaboration with allied groups. This issue, in particular, is relevant ing as forms of transportation, are
"We saw attendees from every pro- to parks and recreation professionals. finding new partners in the trail
fessional background you can imag- Many who attended the conference movement to support their interests.
ine," said Charlie Willard, statewide I noted that this was an entirely new Around the state,real estate develop-
trails coordinator for the California I constituency for the parks and recre ers report that trails are the most de-
Department of Parks and Recreation. ation profession,even though many of sirable amenity identified in surveys
"We had people there from parks and them work on trail issues in conjunc- and focus groups they conduct. They
recreation, landscape architecture, tion with the parks and recreation pro- see this as beneficial, since trails are
city planning, real estate develop- grains they manage. Trail advocates also a fairly low-cost amenity to con-
ment, bicycling, transportation, cdu- and parks and recreation professionals struct, when considered as part of
cation, public health, wildlife and face man\,of the broader social trends, overall development costs.
habitat conservation, river conserva- such as decreasing public funding for The health benefits from hiking,
tion and environmental and social jus- maintenance, an aging population biking and horseback riding have been
Lice. It was a diverse crowd with great which needs access to appropriate rec- reported frequently in studies by a
input into the important trail issues reational facilities and opportunities for number of public health organizations.
out there today." volunteerism. Moreover,the public's growing inter-
30 SUMMER 1998 - CALIFORNIA PARKS & RECREATION
1
One *ugh Table
I
est in "at-will" recreation that does not depend on
scheduling a field or finding a team to match the
individual's schedule and competency level. All of
these increase the broadening appeal of trails.
What is more,citizens around the country are dem-
onstratingtheir support of trails through their actions.
PP. g -••�"
National statistics show an increasing trend in trail-re-
lated activities that is likely to continue well into the i
next millennium. From 1983 to 1995, the number of ,
Americans hiking increased by 93.5%,walking by 42%
and jogging by 14.4%. More than 75% of people 16 TOUCH CONSTRUCTION TOUGH ON RUST
Heavy gauge steel pipe Hot dipped galvanized after
years and older participated in some form of outdoor frames•Welded into strong fabrication•Coats bends
recreation,with walking being the most popular activ- one-piece units. and welds after work is done.
ity (70%). The next three most popular activities, all TOUGH ON VANDALS TOUGH DESIGN
are running/jogging55% bIC Clin Rugged one-piece frames Braces are integral part of
trail-related
( ), bicycling withstand use and abuse total design Working with
(38%) and hiking (28%). • Heavier weight and frames to make a low-
One of the most interesting issues that has caught construction deter theft. maintenance table.
the imagination of people across the county is the cre- TOUGH CHOICE TENDER ON BUDGETS
stem that would one day Rectangular• square Competitive prices
ation of an interstate trails
Y Y Portable • Pedestal • Extended useful product
rival the interstate highway system.This idea has caught • 3 frame sizes • 8 seat/top lifetimes•Lower
fire in the last few years, as communities around Cali- choices •Accessible designs. maintenance needs.
fornia and throughout the nation are compelled to find See Our Internet Web Site at http://www.pilotrock.com
new ways to address problems like urban sprawl,traffic PILOT ROCK PARK EQUIPMENT
Mfg.by R.J.Thomas Mfg.Co.,Inc.
congestion,inadequate access to recreational opportu- 0 P.O.Box 946,Cherokee,IA 51012
nities,the need for more natural and wildlife corridors ® Ph.712-225-5115•FAX 712-225-5796
and worries of the loss of a sense of place and connect- O FOR FREE CATALOG CALL: 800-762-5002
edness between communities.
Parks and recreation's involvement
Park and recreation professionals have a lot to con-
tribute to the trails movement, and because they are
often the agencies most responsible for the environ-
mental enhancement and life enrichment in commu-
nities, they have a real opportunity to become lead-
ers in this movement. Park and recreation agencies
also can benefit by taking on a leadership role. Be-
cause trails are so popular and provide easy access to
people of all skill levels, making sure that parks and
recreation programs include trails can create many
opportunities to strengthen public support for over-
all parks and recreation programs. _ R
In addition, there are hundreds of trails groups
> ►
around the state who have active memberships and who T
are energetically working with public officials to im-
prove public support for trails. Many of them would t -'- •>-
welcome an opportunity to partner with park and rec-
reation agencies to promote an agenda that benefits
both trails and parks in general.
Trails resources
There are a wealth of resources available to help you,
with everything from trail acquisition, planning, de-
sign, funding, policy issues and maintenance. The fol-
lowing organizations have a wide range of information
and publications that may be useful, and they can also
refer you to other resources:
I
CALIFORNIA PARKS & RECREATION • SUMMER 1998 31
What Igo
Humpty Pumpty Bay Area Ridge Trail Council
26 O'Farrell Street, Ste. 400
And The Children
San Francisco, CA 94108
On Your Playground 415/391-9300 • N ww.ridgetrail.org
Have In Common? California Trails & Greemvays Foundation
P.O. Box 183, Los Altos, CA 94023
650/948-1829
Give them San Francisco Bay Trail/Association of
Bay Area Governments
a Safe and P.O. Box 2050, Oakland, CA 94607
SOP FO I'O 510/464-7904 • «NvA,.abag.ca.gov
crushed wood Surfacing California Coastal Conseryancl
1330 Broadway, 11th Floor
for playground 5. Oakland, CA 94612-2530
"The Natural Choice"'M 510/286-4181
www.coastal_conservancy.ca.goy
National Park Service
SofFal l m Rivers,Trails and Conservation Assistance Program
INCORPORATED 600 Harrison Street, Ste. 600
San Francisco, CA 94107
Call 1 -800-523-8690 415/427-1451
E-Mail:.soffallOnstep.net
www.sof-fall.com
Friends of the L.A. River
P.O. 292134, Los Angeles, CA 90029
213/223-0585
• San Dieguito River Park
1500 State St., Suite 280, San Diego, CA 92101
619/235-5440
California Recreational Trails
O Committee/California State Parks
P.O. Box 942896, Sacramento, CA 94296
HERALDING THE ESTABLISHMENT OF... 916/653-8803
RICHARD FISHER ASSOCIATES Rails-to-Trails Conservancy
formerly BSl Consultants/Berryman&Henigar 26 O'Farrell Street, Ste. 400
San Francisco, CA 94108
Specializing in Professional Services 415/397-2220
to the Park & Recreational Industry v<ww•railtrails.org
• Regional Park Planning • Park Development Standards& About the authors
• Master Planning&Design Guidelines
• Specialized Park Facility Design • Construction&Maintenance Mary Burns is the founder of Mary Burns and As-
Trails&Pathways Management
• Public Input&Review • Plan Check Services sociates, a consulting firm specializing in organiza
Processing • Harbor&Waterfront Planning tional development and program enhancements for
• Park Water Conservation &Design environmental and youth-serving agencies. Burns is
Evaluation, Planning& also former manager of the San Francisco Recreation
Management
and Park Department.
M2001
Richard Kate Bickert is the director of the Rails-to-Trails
ieher
6OL1dtbConservancy California (RTC) Field Office, which
��e7GI 4 7 opened in 1996. RTC is a national nonprofit provid-
First St.•Suite 160•Santa Ana,CA 92705 ing informations and technical assistance on convert-
(714)245-9270•Fax(714)245-9275 ing abandoned railroad corridors to trails. ❖
32 SUMMER 1998 • CALIFORNIA PARKS & RECREATION
L Ruth Waldhauer, 09:46 AM 9/1/98 , attention Craiy Britton
Return-Path: waldhauer@batnet.com
Date: Tue, 1 Sep 1998 09: 46: 37 -0700
X-Sender: waldhaue@pop.batnet . com (Unverified)
To: mrosd@openspace. org
From: waldhauer@batnet . com (Ruth Waldhauer)
Subject : attention Craig Britton
Cc: attention.Mary. de. Beauvieres@batnet . com
X-Rcpt-To: mrosd@openspace. org
Craig Britton
General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos CA 94022-1404
Dear Mr. Britton:
Driving out on the Portola Heights Road yesterday, I noticed that a double
log barrier was installed at the trail crossing at the security gate.
Thank you very much. This looks like a good solution to the problem. The
double log barrier will force bicyclists to stop and dismount . I doubt
that even the wildest riders would chance jumping the double log barrier.
Mary de Beauvieres phoned me on Friday morning to let me know of the
planned installation. The double log barrier is a friendlier to
equestrians . The spring-loaded closures I suggested would have forced
equestrians to dismount and have poorer control over their horses. I
applaud your solution.
Sincerely,
Ruth Waldhauer
cc: MROSD Board of Directors
Mary de Beauvieres, Planner
I
i
(Printed for Open Space District <arosd@openspace.-or g> 1
Ruth Waldhauer, 02 :26 PM 8/27/98 attention Betsy Crowder
Return-Path: waldhauer@batnet . com RESPONSE ACTION PROPOSED BY STAFF
Date: Thu, 27 Aug 1998 1 4 : 2 6: 5 9 -0 7 0 0 Board President Acknowledge/Respond
X-Sender: waldhaue@pop.batnet . com (Unverified) Director Acknowledge/Respond
To: mrosd@openspace. org Staff Acknowledge/Respond
From: waldhauer@batnet . com (Ruth Waldhauer) Draft Response Attached
Subject: attention Betsy Crowder Staff to be Directed to Prepare Draft
Response for Board Consideration per
X-Rcpt-To: mrosd@openspace.org Board Directive(s)
No Response Necessary
Here is a copy of an e-mail sent to Craig Britton
22400 Skyline
Boulevard
Box 35
La Honda CA 94020
August 29, 1998
Craig Britton
General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos CA 94022-1404
Dear Mr. Britton:
A very dangerous situation exists where the Bay Ridge trail crosses Portola
Heights Road near the security gate that serves our community. Bicycles
traveling on the trail, particularly from the south, have a downhill
stretch just before the road crossing. I have witnessed bicycles jumping
the log barrier at the gates and crossing the road just as a car was
driving by. It is fortunate that there has not been a serious accident or
fatality.
While negotiations concerning the placement of the gate drag on between
MROSD and the Portola Heights Road Committee, I urge you to install simple
spring-loaded closers on the trail gates to keep them closed. Put a sign
on the trail warning that a closed gate is ahead. Bicyclists, hikers, and
equestrians will be forced to stop and open the gates . This would ensure a
safer crossing. It is very dangerous to have the trail gates locked open,
encouraging unimpeded and potentially sudden entry onto Portola Heights
Road.
The cost and time required to install spring-loaded closers of the trail
gates is trivial . I urge you to install the spring-loaded closers
i
immediately.
I
I Sincerely,
i
cc: MROSD Board of Directors
Mary de Beauvieres, Planner
I Ruth Waldhauer
i Printed for Open Space District <mrosd@openspace.org> 1
i
Ruth Waldhauer, 02 :26 PM 8/27/98 attention Craig Britton
Mary de Beauvieres, Planner
I
rinted for Open Space — strict <mrosd@openspace.o 2
ROMPFJA N
y to'"'n POO
I b Nq
I
V
b C CL r
LEADING THE PARTICIPATION OF MOUNTAIN CYCLISTS IN THE TRAIL COMMUNITY SEI
I
Cyclists: A "Special" User Group? ...Peter Donohue
and Linda Palmer,with excerpts from MROSD documents
Midpeninsula Regional Open Space District(MROSD,or"Midpen')is proposing
a change to their basic policy that could limit cycling access to Midpen trails.
Their current policy is listed at http://www.openspace.org/policy.htrnl. Proposed
changes are at http://pwl.netcom.com/—donohuelpolicydrafLhtml.
One particular area in the policy could greatly impact cyclist access and that of
other non-hiking users. Under the Recreational Use and Improvements section,
item C, the draft defines two categories of"low-intensity public recreational use":
"Basic Use" and "Special Use." Hiking would be viewed as the "basic" use
provided for on District lands; other uses would be"special"use. The definitions
are as follows:
"Basic Use is defined as access to pedestrians and reasonable accommodation for
people with disabilities. This use is "basic" because it allows access to everyone
with the lowest possible level of environmental impact,conflict between uses,and
management cost.The District will typically open its lands to Basic Use as soon as
an appropriate planning document is adopted and access and safety conditions can
be satisfied. In cases of extremely sensitive resources,access may be seasonally or
permanently limited."
" involves extra equipment or accouterments that
i use that o
Use is defined as Special U eq P
creates potential environmental or management impacts beyond those of basic use.
cr g P Y�
Po
This includes such activities as bicycle riding, equestrians, dog g, rock
climbing,hang gliding,etc. Special Use will be accommodated based on a careful
decision-makingprocess, including adopted criteria for mitigating environmental
impact,conflict iith other uses,particularly Basic Use,and constraining planning
or management costs to affordable levels. In this regard the District will carefully
consider overall trends in use and try to be equitable in providing access to various
user groups."
You might be wondering why we disagree with this wording. Here are a few
concerns about the wording change:
0 In the past, almost all new trails were opened to cyclists unless there was a
specific problem or issue involved. Nothing in the new policy says that it is
desirable to open new trails to"special use." A trail could be closed to us by
default,unless we can show that it is appropriate for multi-use.
• The sentence that reads"Special Use will be accommodated based on a careful
decision-making process, including adapted criteria for mitigating
environmental impact, conflict with other uses, particularly Basic Use, ..:'
grants a bias toward hikers. If hikers started a letter-writing campaign about
how their use conflicts with cyclists(or equestrians,dogs,or any other special
use group),the policy would indicate that the trails or area should be closed to
special use.
(Continued on pg.Z)
SEPTElam 1998
1
Cyclists. A Special User Group? (Coned.fiompage1)
• Some cyclists believe there could be underlying reasoning for the new
wording, and that it will be used against us in the future. There is a concern
that MROSD will start to define "Wilderness Areas" that would exclude all
users except hikers.The warding as drafted seems like it could be a large step
towards implementing this policy. Others are concerned that the policy could
be used to close trails that are currently open to cyclists.
I
What is Midpen's Position?
Midpen says they are merely formalizing a practice that they're already using.In a
July 30th letter to the ROMP email list, Craig Britton and Malcolm Smith noted:
"Historically,when a new trail is constructed or a new area opened to public use,it
is generally not immediately available to multi-use. Instead, hiking is allowed as
the basic use with the least impact,both on the environment and on the District's
ability to manage the land. Other uses,including biking, horseback riding,or dog
access are prohibited until such time as a comprehensive plan is developed that
addresses the overall environmental and management issues of those uses.
Currently, all trail uses except hiking are, to varying degrees, regulated and
therefore already considered special uses. These 'special' trail uses should not be
confused with commercial uses (filming, events, etc.), which the District treats
very differently through a permit process."
M
They also mentioned: "I'd like to remind the mountain biking community that an
estimated eighty percent of the District's 250 miles of trails are multi-use,a level
of access which is as high or higher than that provided by any other local
governmental entity. I believe that this illustrates the high level of consideration
given by the District to bicycle(and other)uses on the trails. Absolutely nothing in
the proposed revisions to the Basic Policy suggests or supports the closure of any
existing trails to mountain bicycles.In fact,the proposed revisions will not change
the way the District currently plans for, develops, or manages trails. It will
reiterate the basic practice already in use."
The MROSD board voted tentative approval of the policy on July 8.The next step
is to re-affirm it and make it into rule. Midpen originally scheduled a vote during
their August 12th meeting but decided to delay it, stating that "It's evident from
the email that has been circulating and the comments we've recently received that
this issue is deserving of additional public debate before being finalized." The
district will schedule a special workshop for additional public comment before
making a final decision. The date has not yet been determined.
What Can You Do?
There has been a lot of discussion,verbally and on the ROMP email list,about the
proposed changes. We'd like to see the wording revised to remove all discussion
of basic vs. special use. At the very least we'd like the wording to say that
providing access for special use is desirable,and remove"particularly Basic Use"
from the Special Use definition.
MROSD "encourages public participation in these decisions, and suggests that
interested members of the public subscribe to the agenda and/or agenda
Packet in
order to be fully apprised of upcoming issues. You can contact the Mid pen insula
Regional Open Space District at 650-691-1200 (voice); 650-691-0485 (fax); or
mrosd@openspace.org(email).
Please write, attend the upcoming meeting, or both, to make sure the wording is
changed or removed before it becomes standard policy. It is VERY important that
we make sure the wording is acceptable to cyclists. The basic policy document
defines Midpen guidelines for the long term,and is only changed every 10 to 20
years.
If the new policy greatly restricts bicycle access, it will have a big impact on our
ability to experience our local mountains, wildlife, wildflowers, and sweeping
vistas by bike.
SEPTEMBER 1998
I
I
I
22400 SKYLE
William abermayer LA HONDA,IN CA 94020BOULEVARD #22
[6501948-8837
August 27, 1998
Nonette Hanko, Director and
Chairperson, Ad Hoc Committee
L. Craig Britton, General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Dear Nonette and Craig:
Thank you for the letter of August 14, 1998. Your desire to work with only three people
from the community is understandable. However, as Dr. Huntimer said in her letter,
"it is an individual property right and the Road Committee can't bind an individual
property owner without their consent." Any proposed agreements that are reached
will be just that, proposals. Just as you need to bring any changes back to the Board
for approval, these proposals will have to return to the individual property owners for
their approval. NO ONE IS AUTHORIZED OR DESIGNATED TO NEGOTIATE
FOR ME withour my express written consent.
Therefore, I HEREBY RESPECTFULLY REQUEST an opportunity to be heard and
present evidence before the Midpeninsula,Regional Open Space Board Ad Hoc Commit-
tee on the following issues outlined in the above-mentioned letter: 1) Gate Location;
2) Indemnification Agreement; 3) Trail Crossing and Fencing; 4) Road Maintenance
Costs; and 5) Gate Maintenance.
Please advise me by return mail of the date and time of this hearing. As you know,
time is of the essence.
Very truly yours,
William Obermayer
WO:ms
cc: MROSD Board of Directors
Road Committee
Dr. Linda Huntimer
Ms. Margaret MacNiven RECEIVED
AUG 2 7 199S,
11"I'TNIAL
Regional Open - ace
J
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 20, 1998
Mr. Gerhard Casper
President, Stanford University
President's Office, Building 10
Stanford, CA 94305-2060
Dear President Casper:
I am enclosing a copy of a letter which I recently sent to Mr. Vin Lananna, of the
Stanford Department of Athletics, as well as his response to me. I feel it's important for
you to be aware of this issue.
Please feel free to contact me if I can answer any questions or provide any further
information.
incerely,
L.T
Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 * E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton
i
�
Regional ace r S g P P
i1
August 11, 1998 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mr. Vin Lananna
Coach, Stanford Cross Country
Department of Athletics, Stanford University
Stanford CA 94305-6150
Dear Mr. Lananna:
I'm writing in regards to an incident which occurred at approximately 4:35 p.m. on
Sunday, July 9 at Rancho San Antonio Open Space Preserve, a public open space area managed
by the Midpeninsula Regional Open Space District. The incident involved one of the cross
country runners in your group apparently running into and/or pushing over a 3-1/2 year-old boy,
resulting in a minor scrape and bruise on the boy. While the incident appears to be an accident,it
brings to light a recurring problem at the open space preserves: large groups of runners utilizing
District trails without first obtaining the required permit.
Section 408.1 of the District's Land Use Regulations, Ordinance 93-1, states that,
"No person shall hold conduct, organize, or take part in any group activity or
event on District lands without written permission when the activity or event a) is
advertised or noticed in any publication,poster, or flyer b) requests or requires a
fee be paid for participation, or c) may be attended by 20 or more people."
The run that you conducted in the preserve clearly constitutes an activity which requires a
permit under at least one of the above conditions. Anyone proposing such a group activity is
required to contact the District at(650) 691-1200 so that we may determine if it is appropriate
for a permit to be provided for a specific activity,at a particular location,date,and time.
Violators of this ordinance are subject to citation by a District ranger, and an immediate halt to
the event or activity. Please note that the permit requirement is in effect both during the week
and on weekends.
Because Rancho San Antonio Open Space Preserve is the District's busiest, especially on
weekends, with an estimated half-million visitors per year,the District does not issue permits for
large-scale running events at this preserve:Our rangers are-authorized to halt any such un
permitted activity in progress and issue citations, if deemed appropriate in their judgement.
Through the permit process,the District seeks to minimize disruption or unreasonable
interference with other visitors, and reduce the possibility of two or more events occurring
simultaneously which would result in overcrowding on the trail or in the parking area.•In
addition it is important to ensure that our ranger staff is informed of the resence of such groups
P � P
P
in the event an emergency arises requiring locating or contacting the group or individuals within
8 Y q g g �'g P
the group. I'm sure you'll agree that these are important and reasonable needs of the District that
address the comfort of all visitors and the general public safety.
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
August 11, 1998
Mr. Vin Lananna
Page -2-
Beyond the letter of the law, however, I hope that you will take this opportunity to
instruct your runners as to the need for basic courtesy on the trails and consideration of other
is It visitors.
s preferable for such groups to have staggered start times so that other visitors are not
confronted with "packs" or bunches of runners, which is what reportedly occurred with this
incident.
In addition, it was reported that the runner responsible for the incident did not stop to
assist or even inquire as to the condition of the child he caused to fall. If true,then surely there is
a lesson in common courtesy and personal responsibility to be learned here. I would hope that
your students are taught that showing concern for an individual to whom you have caused harm,
however inadvertently, is more important than gaining a better time during a cross country run.
Adequate on-the-trail supervi§ion of the runners is also essential, especially in light of the high
number you brought to the preserve, reportedly some three busloads. These recommendations
can also be made part of any permit requirements.
I hope that I have adequately clarified the District's policies and conditions in regards to
group activities such as yours. Please feel free to contact me if you require any additional
information. • ' '
cere
L. Craig Britton
General Manager
LCB/mcs
cc: Ted Leland, Athletic Director, Stanford University
John Escobar, Operations Manager,
Annette Coleman,Foothills Area Superintendent
MROSD Board of Directors
Sue Schectman,District Legal Counsel
Carl Danner
Regional Open ace
6111
August 19, 1998
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Honorable Pete Wilson
Governor, State of California
State Capitol
Sacramento, CA 95814
Subject: Support for budget line item#3640-30 1-000 1, Schedule 5-h(Lempert), Wildlife Conservation Board
Dear Governor Wilson:
My August 12 letter to you referenced support for a budget line item,the number for which has now been changed.
This current letter references the correct and current budget line item number.
As a result of AB 1366,which we thank you for signing into law last year,the Midpeninsula Regional Open Space
District now has the ability to assume from the State selected trail easements in San Mateo County comprising the now-defunct
and unused California Hiking and Riding Trail system.These trail easements are intended to be utilized as additions to regional
public trail systems such as the Bay Area Ridge Trail,or to otherwise further the District's regional trail development programs.
The State has no planned use for the easements and supported the bill which authorized these transfers,thereby relieving the
State of the burden of ownership.
As the second phase of AB 1366,there is$450,000 earmarked for the District in the current proposed State budget.
These funds, matched on a 1:1 basis by the District,would be used to carry out the development and improvement of these
trails and related public access improvements, including parking areas,trail head access, and signage. The ongoing maintenance
and operation of these facilities will be funded entirely by the District. Without additional funds,the public will not have the
opportunity to fully utilize these trail systems in the foreseeable future.The resulting trail and public access improvements will
provide segments of trail connections between thousands of acres of public open space and park land,thus providing the public
with new trail access of a truly regional nature. The improvements will also provide for additions and connections to the Bay
Area Ridge Trail in this area,along with creating an opportunity for two new parking/trail access points,creating improved
public vehicular access to these preserves and trail systems.
I urge you to support this budget allocation so that the public can gain the full benefit of the transfer of the easements
from the defunct State of California Hiking and Riding Trail system. Development of these trail easements will greatly enhance
the public's opportunity to access and enjoy regional public open space and park lands,and make the best use of trail easements
that will otherwise completely g o un-utilized and continue to be a burden to the State.
incerely*rnitton
L. Craig
General Manager
LCBlmcs
cc: MROSD Board of Directors
Honorable Ted Lempert
Honorable Byron Sher
Honorable Jim Cunneen
Ralph Heim
H:\LEGISLAMTATE\97-98\HIK-RIDE\wilson3.doc
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 7
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