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HomeMy Public PortalAbout19990210 - Agendas Packet - Board of Directors (BOD) - 99-05 Regional Open Mace 01 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-05 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California February 10, 1999 *** PLEASE NOTE*** 7:30 P.M. Public Meeting Start 77me (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public SPECIAL ORDER OF THE DAY - B. Crowder Presentation by Friends of Castle Rock Park ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR --J. Cyr *** APPROVAL OF MINUTES December 9, 1998 (Consent Item) *** WRITTEN COMMUNICATIONS BOARD BUSINESS (7:50) 1. Adoption of the Final Basic Policy Language for Objective 2, Open Space Management; Policy c, Recreational Use and Improvement Tentatively Adopted December 16, 1998, or: Consider the Alternative Wording Based on the Trail Use Policies -- R. Anderson (8:35) 2. Proposed Initial Actions Resulting From the Recommendations of the Operations Program Review; Approval of the Retention of the Rangers' Current Defensive Equipment and Current Uniform Profile, and Reaffirm by Formal Board Action the Policy Not to Authorize the Ranger Staff to Carry Firearms; Authorization for the General Manager to Hire Two Additional Rangers; Direct the Ad Hoc Committee to Continue Developing a Work Plan Based Upon the Operations Program Review in Such a Manner to Foster a Closer Working Relationship Among Field Staff, Management, and the Board of Directors; and Direct the Ad Hoc Committee to Continue its Work with Staff and to Periodically Provide Progress Reports to the Board--J. Escobar i 10 Distel Girde . Ios Altos, CA 94022-1404 . Phone: 650-691-1 200 FAX: 650-691-0485 . F mail mrosd@openspace.org . Wei)site: www.openspace.org � Board of Puo tots:Pete Sienent, Ioxv( . Davey,Jed( vr, Deanc Little wonette Minko, How Cmwder,Kenneth C.Nit/ . Gwnctad M,ui,i,ger:I tin Bntton Meeting 99-05 Page 2 (8:55) 3. Teague Hill Open Space Preserve Surplus Property: Update and Authorization of Additional Budget for Consultant Services and Other Recommended Services; Consideration of Alternatives Regarding Retention or Disposition of Surplus Property at Pinto Way Through Lot Line Adjustment or as a Single Site; Determination of Categorical Exemption from the California Environmental Quality Act; and Authorization of Other Expenditures Related to Potential Disposition Under Either Alternative--R. Anderson *** 4. District Appointments to the Midpeninsula Regional Open Space District Financing Authority Governing Board--C. Britton *** 5. Approval of the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum to Accommodate an Agreement with CellularOne at the Same Location at Pulgas Ridge Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Authorization for the President of the Board of Directors to Execute the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the Telecommunications Facility at Pulgas Ridge Open Space Preserve; and Authorization for the President of the Board of Directors to Execute a Communications Site Lease and Agreement with CellularOne for the Telecommunications Facility at Pulgas Ridge Open Space Preserve —M. Williams *** 6. Acceptance of the 1998 Miscellaneous Enforcement Activity Summary and the Eight Year Field Activity Summary --G. Baillie *** 7. Annual Progress Report On the Use of Radar On District Lands--G. Baillie *** 8. Acceptance of the Informational Report on the Ranger Bicycle Patrol Program in 1998 — G. Baillie (9:20) INFORMATIONAL REPORTS --Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) 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. SPECIAL ORDER OF THE DAY February 10, 1999 To: Board of Directors From: Betsy Crowder Subject: Castle Rock State Park Dear Colleagues: Because of my familiarity with Castle Rock State Park in connection with a book I am writing, some concerned friends of the Park approached me to ask if Midpeninsula Regional Open Space District could take a position on the current park planning process. For well over a year the State Parks Commission staff has been in the process of preparing a Master Plan for Castle Rock. A group led by Bruce Bettencourt, a neighbor, and representatives of the Sierra Club, Audubon, and Wilderness Coalition calling themselves Friends of Castle Rock State Park has asked to make a presentation to our Board. I have taken no position on their proposal, and there is no Board action recommended at this time. I felt it was important for our Board to hear this presentation because our lands border Castle Rock State Park lands on the north and on the east. �,� 'r �""" ,j�'I"J" ,� � '%:�!P�'�'"'�'i4, 'r4-•�Y"w!•M.,�r ,•i'� r , ,�t;r. ` t'r'` �'�1„ 7 ) JS"•- ..-•'�' t ;•vim .,�•.5. '^yy,y f.r SIERRA CLUB • LOMA PRIETA CHAPTER San Mateo • Santa Clara • San Benito Counties MIDPENISULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, Ca 94022-0485 December 9, 1998 Dear MROSD Board of Directors, As you know, California Department of Parks and Recreation is currently writing a General Plan for Castle Rock State Park, a neighbor of MROSD. As the most significant neighbor of Castle Rock, and as an organization dedicated to the preservation of natural values and open space, we are asking that MROSD support language in the General Plan that prioritizes the protection, preservation and recovery of Castle Rock SP. We have reviewed MROSD's Basic Policy Revision Draft of 9-9-98, and we note that "The District participates in the public review process of land use plans of other agencies and development proposals that affect the District's mission." And "The District ensures that such development is consistent with protection of important natural values of the open space". We further note that "The District's highest priority is acquiring land to complete the greenbelt and to protect natural resources on open space land. Public access will be provided gradually to insure that the higher priorities of acquisition and resource protection are maintained." Review of early drafts of the proposed General Plan for Castle Rock reveal what is essentially a development plan, rather than a preservation plan. The existing Declaration of Purpose states that "the California State Park System is to manage park resources in such a way as to maintain them in a near-wilderness state..." We perceive that Castle Rock is recovering from clear-cutting over the last century to a more natural state, a state of wilderness, and so that declaration we believe to be accurate. However, apparently in order to allow its proposed development plan, State Parks Department has removed any reference to "near-wilderness" in the latest Declaration of Purpose. We have requested State Parks to restore this protective language, and to add language that sets preservation, protection, and restoration of the Park as the clear priority. �4gRA.Chi. 3921 East Bayshore Road Suite 204 Palo Alto,CA 94303 415-390-8411 o�oco del FAX 415-390-8497 We think that Castle Rock State Park deserves the designation of"State Wilderness", for reasons detailed in our Position Paper as shown here italicized: CRSP is uniquely positioned in the Santa Cruz Mountains. It is mostly surrounded by greenbelt, some of it publicly held and managed, some not. But, in either case, Castle Rock provides habitat for native species of plants and animals, and its location, contiguous with other open space, is of particular importance to many native species of birds and other animals that cannot survive in a fragmented habitat. In a world of increasing population, (with increasing demands on natural resources), increasing global warming and decreasing biodiversity, Castle Rock's unique location in the regional ecosystem makes the protection of a "State Wilderness"designation an important step in securing the ecological health of the region and perhaps the survival of our planet. Indeed, State Code 5019.68 (c), acknowledges the importance of"...contiguous areas possessing wilderness characteristics,..."in defining "State Wilderness". And "A State Wilderness is further defined to mean an area of relatively undeveloped...land which has retained its primeval character and influence or has been substantially restored to a near-natural appearance....'; shows intent by the State that past human disturbance need not prevent the designation of"State Wilderness" to an area that has recovered to a functioning ecosystem. Thus, State Wilderness designation, along with a Declaration of Purpose that prioritizes protection and restoration, would shape an ecologically healthy General Plan for Castle Rock SP, a plan that could be consistent with the basic policy of its most significant neighbor, MROSD. We invite MROSD to join us in calling for a "State Wilderness" designation for Castle Rock State Park, and for the "near-wilderness" language to be restored to the Declaration of Purpose. Sincerely, On behalf of Barry Boulton, Sierra Club, Loma Prieta Chapter Leda Beth Gray, Santa Clara Valley Audubon Society Rich Hunter, California Wilderness Coalition Micah Posner, Earth First!-Santa Cruz Bruce Bettencourt, Friends of Castle Rock State Park `}B IERRA `_ z Santa Cruz Regional Group of the Ventana Chapter � z P.O. Box 604. Santa Cruz, California 95061 (408) 426-4453 .CLUB s 0 �g92 _t9g1 . Dave Keck General Planning Team Northern Service Center 1725 23rd St., suite 200 Sacramento, Ca 95816 October 12, 1998 Dear Mr. Keck, Thank you for your letter dated September 8 in which you respond to our Position Paper, and in which you explain DPR's direction and actions. The environmental organizations listed at the end of this letter welcome the dialogue because it is a very effective way of defining the issues and differences in opinion, and this letter represents our consensus thinking. Our analysis is that the proposed General Plan is best understood as an attempt by DPR to rubber-stamp a Castle Rock Development Plan that it has been advocating for many years. V1'e are very concerned at the apparent lack of inclusion of the public input you have collected. The General Plan process began with a long period of input from public hearings on both sides of the mountain range and from local people on the Advisory Committee,which strongly advocated a Statement of Purpose that would`not delete the "near-wilderness" language, and unanimously recommended that no camping be allowed at Partridge. The public hearing comments were preponderantly against development, in - spite of the fact that they were dominated by user groups. The truth is, as underscored in a summary of letters to DPR, and, as stated in DPR's Draft Preliminary Plan (page 92), that there is no significant public support for developments and there is overwhelming support for wilderness, preservation and protection. Assertions that non-locals want development and car camping are without evidence. Each State Park has its unique characteristics, both in itself, and as part of the larger region and ecosystem, and those characteristics are also set within the general public's expectations for the whole State Park system. The unique characteristic of Castle Rock from a human perspective is precisely that it is wild. To experience the highlights,the visitor must exit the automobile, get on the trails, and make an effort to see the tafoni rocks,the«waterfall, the views across the range, and the changing vegetation. Thus, at Castle Rock,the human visitor can experience the peace and tranquillity of near- wilderness away from noisy; polluting, automobiles, and yet close to a large metropolitan area. Many people who visit Castle Rock regard that as a precious, even spiritual, experience that will be damaged by your Development Plan. It is a different experience than, say, at Big Basin SP where the visitor parks right beside those massive and majestic redwoods such that they can't be enjoyed in tranquillity. Castle Rock offers a truly precious experience that was reflected in the public comments. "...to explore, .enjoy and protect the wild places of the earth" Printed on Recycled Paper 2 The proposed development is not appropriate to this part of California, where we have lost so much of our open space. Keeping Castle Rock as wild and pristine a possible is the best contribution to both the local greenbelt and to Californians who will appreciate Castle Rock 's unique and natural features. Furthermore, Castle Rock has an impressive population of diverse wildlife, some sensitive and endangered, all an integral part of the Peninsula's greenbelt along the Santa Cruz Mountains. After heavy clear-cutting in the last century natural processes at Castle Rock are recovering to the point that the Park is once again a wilderness; it will continue recovering if we have the wisdom to protect it. The community and people of the state and the country are diverse in their needs and desires, and so the State Parks system should strive to accomplish an adequate diversity of experiences for public enjoyment and fulfillment, set within a conservation and stewardship ethic. Thus, from both a human and ecological perspective, it is unwise, unnecessary and inappropriate to take DPR's ideological cookie-cutter approach whereby every park must be "developed". Our frustration with the process derives directly from not seeing the input from the general public, park users and the environmental community included in your planning process. The Draft that you indicate you will bring forward remains a Development Plan, even as you claim that it "focuses on the protection of wildland values...". What the Park really needs is a Preservation Plan consistent with DPR's mission. Visitor impacts on some Park resources have increased steadily since the Park opened, even as natural processes and wilderness values are steadily recovering. DPR's inability to address the recent vandalism by rock climbers is an example of this problem. Castle Rock staff has declined as usage has increased making this sort of problem inevitable. Opening up the Partridge area to visitors, whether for camping or parking, can only exacerbate this problem. While we appreciate the considerable protective language in the Draft, the protective "Directives" are being downgraded to "Guidelines", which are, you remind us, not mandatory. This makes the proposed developments even more dangerous to the existing Park resources. We are distressed by your attempt to discount the existing Declaration of Purpose, which was signed off by Jack Knight, Operations Chief(at the time equivalent to today's Assistant Director) and Herman Schlerf, Area Manager (equivalent to today's District Superintendent). There is no justification for any proposed replacement until you restore the "near wilderness" language that the public input has demanded and include a statement clearly prioritizing protection, preservation and restoration over recreation, as Midpeninsula Regional Open Space District is doing. From the Basic Policy Revision Draft 7-23-98: "The District's highest priority is acquiring land to complete the greenbelt and to protect natural resources on open space land." And: "Low intensity recreation avoids concentration of use...". And further: "protecting natural resources...may require limits on access". We think the General Plan should be consistent with the policies of contiguous open space administration. A wilderness designation and similarly protective language in the Declaration of Purpose are the obvious ways to do this. 3 We agree that visitor education is important, but unfortunately it is not a solution for mitigating human impact. The bear problem in Yosemite is a good example of this. In a world where many wilderness visitors still feel compelled to feed the wildlife, (after decades of"education") we cannot be optimistic about State Parks' (understaffed and underfunded) chances of making significant changes toward "appropriate human behavior". We are concerned that "protection", "visitor education" and "interpretation" will be manifested by fences and signs: "AREA CLOSED". It is inconsistent to create a Development Plan that brings people to sensitive areas, allows them to camp overnight, and then directs their activities away from those areas. In the world of humans, that just doesn't work. You state that "The proposed parking at Partridge will not increase current parking capacity", ignoring the fact that the Park has 300 to 400 uncontrolled parking spaces on the Highway 9 side of the Park alone. Moving parking from its current location to Partridge is inviting a much increased level of impact to some of the most sensitive and prized natural features of the Park. The assertion that Partridge can accommodate 50 to 130 cars, and their 150 to 500 occupants without severe and irreversible damage to the visitor experience and the regional ecology is not realistic. Let us be clear: Partridge is the Park interior, especially as it concentrates visitors in recovering habitats and near sensitive features, including Lion Caves, Goat Rock, the black oak forest, riparian habitats and at the very edge of the proposed Preserve. A line on a map cannot guarantee protection. It appears unlikely that staffing levels will ever be sufficient to protect these areas. The proposition that having the (lone) ranger's office at Partridge means that he or she can "monitor, mitigate, and educate" the concentrated visitation is not likely, even if you close all other points of access to the Park. We have serious reservations about the ability to preserve the "surrounding area" given the human pressure a visitors center will certainly bring. Claims that if user impacts are indeed too high, then access to Partridge will be reduced are not believable. Since the entrance to Partridge is on a blind curve in both directions, it is not clear that your goal of"access improvement" and "visitor safety" is realized. The Plan does succeed in increasing revenue, but it fails in virtually every other respect, because it is driven by economics and politics instead of ecology and public interest. Perhaps it is time to suggest that the state renounce the goal that DPR become "self- supporting" within 4 years. The general plan clearly derives from this unrealistic and shortsighted mandate coming from past times of budget shortfalls, not the surpluses we have today. Funding public lands is one of the few governmental expenditures that most tax payers are glad to support! In ecological terms, we have been living off the credit card, spending more than we earn. The ecological deficit will have to be repaid. The sooner we embrace the attitude and the behaviors of conservation, the smaller the "ecological debt" we will leave for our children. We have offered the Position Paper as the most effective way to get back on track with a General Plan rather than a Development Plan. What the Park really needs is a 4 Preservation Plan, a plan that will address key issues such as the restoration and rehabilitation of overused and damaged areas, carrying capacity, staffing, parking, impact on local infrastructure, and revenue collection. We sincerely hope that you will listen carefully to us as representatives of highly respected groups that have been working on local environmental issues for many years. We do not take opposing such projects lightly and the fact that we are spending our time and effort on this interchange means that we consider this very important. We much prefer working on the same side of environmental issues as state officials and we hope we can do so in this case as well. Again, we would like to encourage and facilitate a constructive dialogue, one that will result in a General Plan that focuses on real-world resource protection with appropriate types and levels of recreation. So that we may have adequate time to give the Preliminary Draft a fair reading and our most thoughtful response, and since it will contain so many changes, and because the CEQA period will end right in the middle of the holidays, we ask that you extend the CEQA public review period from 45 days to 90 days. Sincerely, George Jammal, Sierra Club, Santa Cruz Group of the Ventana Chapter Barry Boulton, Sierra Club, Loma Prieta Chapter Leda Beth Gray, Santa Clara Valley Audubon Society Rich Hunter, California Wilderness Coalition Micah Posner, Earth First!-Santa Cruz Bruce Bettencourt,Friends of Castle Rock State Park cc Dave Vincent, District Superintendent, DPR Patricia Megason, Director, DPR Assemblyman Fred Keeley Senator Bruce McPhearson South Skyline Association .Castlee,Fork Update , By B `trice J�etfencourt ,, 0 ' A preview of fhhe (alifoinia Erivir`on- mental Quality Act(CEQA)of the Gen- eral Plan was presented to the Castle Rock State Park Advisory Committee early last July.The final CEQA Draft was to be re- } R leased for public review in early August. A `° It has been delayed for re-formatting to \ new guidelines and, perhaps, because of changes in State administrations. Govenor Gray Davis has decided that W "Wp %O Director of State Parks Patricia Megason (Continued from page 3) will not continue in that post.We do not know how this decision will effect State tion," Purpose, and other language, must Parks in general or Castle Rock in particu- look forward by offering goals and manage- lar ment strategies for the future of the Park,the Joe Rigney, of the California Native region,and the planet.We think it is time to Plant Society (CNPS), wrote Dave Keck define"wilderness"more in terms of wild- offering a"Diffuse Impact Alternative"to life habitat, and less in terms of superficial State Parks proposal to develop Partridge aesthetics. Farm for parking,day use,camping,and We live in a world of increasing popula- park headquarters. Joe also wrote that tion,decreasing biodiversity and increasing Castle Rock State Park(CRSP)should be global warming. By most accounts,includ- designated "Wilderness" and that the ing Dave Keck's,Park resources have been "near-wilderness"language should be re- in decline since the gates opened in 1968,as tained in the Declaration of Purpose. evidenced by the excessive user impacts on Dave dismissed these ideas.He stated Castle Rock Ridge. Clearly,the area needs that State Park's Plan(as seen in the pre- less usage. Simply shifting usage from the view drafts)contains a"Preservation Pri- current location to Partridge, plus adding ority Alternative," that is similar to the camping, solves no impact problems while "Diffuse Impact Alternative"proposed by exacerbating others.The hope for adequate the CLAPS.But a reading of Dave's"Pres- protection through"operational efficiencies" ervation Priority Alternative"reveals that at Partridge,with a tiny fraction of previous it excludes all rock climbing and eques- staff,is not realistic. trian use.As the CNPS proposal does not We have been critical of the State Parks exclude any recreational uses,I doubt that Plan.It is now time to move from the criti- the rock climbers or equestrian would find cal to the constructive. The local environ- the two proposals "similar." Indeed, we mental community should draw upon our affirm that these activities are appropriate considerable collective resources, building to CRSP(even with a"Wilderness"des- on the CNPS work, to bring together the ignation),as long as they are managed to many ideas needed to forge a viable,relevant, be consistent with ecological values. We alternative plan. believe most responsible climbers,eques- What You Can Do trians,and other Park uses would agree. Dave dismissed Joe's call for a "Wil- The Santa Cruz Group of the Ventana demess"designation,saying that"Our De- Chapter of the Sierra Club is sponsoring a partment believes that Castle Rock is not hike in Castle Rock to explore the areas of a true wilderness and that the term `near- proposed development, the likely impacts, wilderness' has no specific meaning and and viable alternatives. The hike is set for therefore is inappropriate for the park's Sunday Feb..7th. Meet at the CRSP main Declaration of Purpose."This is,alas,the parking lot at 10:00 a.m.For more informa- same backward-looking attitude that we tion,call Bruce at(408)354-5661.■ would like to see reversed. The General Plan, with its "Designa- (Continued on page 4 Regional MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-29 REGULAR MEETING BOARD OF DIRECTORS December 9, 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 7:33 P.M. Members Present: Betsy Crowder, Pete Siemens,Nonette Hanko, Ken Nitz, Jed Cyr, Mary Davey, and Deane Little. Members Absent: None. Personnel Present: Craig Britton, Sue Schectman, Deirdre Dolan, John Escobar, Michael Williams, Jodi Isaacs, Mary de Beauvieres, Del Woods, and Matt Freeman. II. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, said he had first come to a Board meeting at the behest of horsemen objecting to closure of a trail and has been coming since then. He suggested making the basic use policy a lot more general instead of having hiking as the basic use. Judy Wood, P. O. Box 3187, Moss Beach, representing Friends of the Field, said their goal was to keep as open space 2.5 acres in front of their homes on the north end of the Fitzgerald Marine Reserve. She said this has basically been a community park but is slated to be developed. The Friends have formed a consortium to purchase the land and put aside money to maintain and operate it. She said they found they needed a plan and are asking MROSD to write a letter of intent that managing this kind of property is the business the District is in and that they could do this once the coast is annexed. They have talked to local land trusts, and they have agreed to manage it for the short term(one to three years). Gary Wood said the land is zoned RMCZ (coastal), and the local coastal plan described it as open space with lots of use by the public. It is undeveloped, but there is a road to the top of the bluff. He described activities that take place on the bluff including weddings and funerals. He said he could understand why people would like to live there. They are drilling a well, and if they cannot find water the value of the property will change. He said they need a commitment from the District in order to raise money. 3 M Distel Circle - Los Altos, ( A 94022-1404 - Phone': 07)0-09I-1200 FAX: 050-091 0485 - E-mail: Wet site: ntivw.ohenp, ce.org 13o.ird o!Oire(tol':Fete Swilled" 'Alry C. Davev,led( r, Detune Little, Nolwite I ianko, Ro,w ( fm%der,Kennoh( Nil/ . Gt nc r i/� ' y R-1dn igrr:[-( rat,(xritir>n Meeting 98-29 Page 2 Lou Slocum, P. O. Box 46, Moss Beach, said it was important that the Board knew that this particular area is defined as a sensitive habitat in the LCP. In addition, there are several trails that traverse the property. He talked about a trail on the bluff called the Strand, and said an erosion setback would completely eliminate it. He said a District presence on the coast would be beneficial in helping preserve areas such as this which are rapidly disappearing. He had a letter describing a plant(a species of phlox) on the property that may be a species heretofore undiscovered. He asked the Board to consider the area in their long-range plans, but said he realized there are some obstacles. They feel the area dovetails with the District's Mission Statement and that the area deserves their attention and protection. He said there were houses separating the area from the Marine Reserve. He said he would take Board members on a tour of the area. Mr. Slocum said if the developers don't find water they won't be able to develop, and the price would go down a lot. If there is water the asking price totals $1.2 million. S. Schectman noted that rather than agendizing the item, if the request were made by letter, the Board could consider a written response which was less formal. III. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR B. Crowder removed the written communication from Mr. Harry Haeussler, Jr., 1094 Highlands Circle, Los Altos. N. Hanko removed the written communication from Ms. Sherry Selwood, 3343 Brittan Avenue, #12, San Carlos and 27 other individuals who wrote on this issue. K. Nitz removed agenda item 5, Authorization for the President of the Board. or Other Appropriate OfficM to Execute the Notice of Contract Completion and Acceptance of Work for the Installation of a Concrete Slab Floor for the Equipment Storage Area of the Skyline Field Office Regarding Revised Claim# 5215, Big 4 Rents, C. Britton said this was for a backhoe. M. Williams explained that Revised Claims#5246, EAM, Inc., engineering services, was for a site density analysis on a property and the owner will reimburse for half of the amount. Motion: M. Davey moved that the Board adopt the Consent Calendar, including agenda item 6,Resolution Supporting a Request by Picchetti Win=Leaseholder Leslie Pantling to the Santa Clara County Historical Heritage Commission for a Grant in the Amount of$92,950 for the Engineering-eering. Seismic' and Usage Upgrade Project for the Picchetti Winery Building at the Picchetti Ranch Area of the Monte Bello Open Space Preserve; agenda item 7, Authorization for the General Manager to Execute a Purchase Contract with Gilroy Motorcycle Center for Two All-Terrain Vehicles at a Total Cost of$12-524,76; agenda item 8, Authorization for the General Manager to Execute an Amendment to the Contract with the California Conservation Corps in an Amount Not to Exceed $4,000 to Complete Restoration Services at Pulgas Ridge Open Space Preserve and Determination that the ProRosed Project is Cate og; rically Exempt from the California Environmental Quality Act; and Revised Claims 98-21. P. Siemens seconded the motion. The motion passed 7 to 0. V. WRITTEN COMMUNICATIONS Meeting 98-29 Page 3 Regarding the response to Sherry Selwood, et al., N. Hanko was concerned that there were 27 letters. She did not think the letter satisfied the people who had written. She said she would have tried to attend the meeting at Brittan Heights. She said she did not know enough about what is being planned adjacent to the residences and would like to abstain until she became more familiar with the site and what is planned. Some years ago they talked about setting aside communities and transitionary areas between private property and District lands and she would like to look into that. Following discussion, C. Britton said staff is aware that there is a need for a good public relations program at Britton Heights and to explain the District's program to the residents, and that is what J. Isaacs would do at the January 10 meeting. P. Siemens suggested changing the letter to include the date of the scheduled on-site meeting(January 10). K. Nitz wanted to change the letter to include an overall map showing where the detailed maps were. In addition, there should be asterisks to explain what the numbers mean for each section. J. Isaacs answered questions about the tree removal, stating that they are not cutting the ones by the road or on the ridgeline Regarding the response to Harry Haeussler, B. Crowder said it was not relevant and she would like to direct staff not to reply at all. N. Hanko said she disapproved of that approach and would like to see the letter sent. Motion: M. Davey moved that the Board direct staff to send the letter signed by those Board members who wished to sign it. J. Cyr seconded the motion. Discussion: D. Little said he thought they should respond, but it was unfair to suggest that the District had not attempted to be available to everyone. He said they need to emphasize that people of all incomes use District lands and the District was started by a democratic vote. He repeated that he would like the letter to be stronger. Vote: The motion failed with Directors Nitz, Cyr and Davey voting yes, and Directors Siemens, Little, Crowder, and Hanko voting no. Motion: N. Hanko moved that the Board direct staff to work with D. Little to make sure his issues are included and that the letter be signed by the Vice President. P. Siemens seconded the motion. The motion passed 7 to 0. Motion: P. Siemens moved that the Board approve written communications as amended. K. Nitz seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Agenda Item No. I -Legislative Briefing by Ralph Heim—(Report R-98-155). The briefing included information on the following: • Funding of AB 1366 was number one priority—Assemblyman Lempert went the extra mile even though it was blue penciled by the Governor. • SB 2 (Thompson), park bond measure. Five park bond measures have been introduced in the new session. Seems to be emphasis on resources. • Key cabinet appointments will be announced next week. • Legislative analyst issued a report last month saying there would be $1-2 billion deficit by July 31, 1999, if the legislature and governor do nothing. The car tax Meeting 98-29 Page 4 was a big piece of going from surplus to deficit. • Welfare caseloads are up dramatically, needs to be addressed. • Analysts think revenues will be up by the May revise if the"Asian flu" doesn't worsen. • Non legislative issue—LAFCO review. Commission on Local Governments for the 21'Century is meeting to look at the LAFCO law and come back with a recommendation by the end of 1999. They will look at other issues as well, such as AB 8 that created the property tax allocation formula in 1979, and setting up charter commissions within the county to decide which agencies would remain and which would be funded and in what amounts. • Governor and legislature being from same party probably won't make a difference. If the financial situation does not improve not much will happen at all. The Senate has changed dramatically; this is the first legislature to be sworn in with term limits fully implemented. It is hard to develop long-term relationship with term limits. He did not think it would destroy the system, but partisanship had increased. B. Agenda Item No. 2 -Proposed Addition of Marini Et Al. Proper to Kennedy Limekiln Area of Sierra Azul Open Space Preserve;Determination that the Recommended Actions are Categorically �.',�pt from the California Environmental Out Act; Tentative Adoption of the Preliminary Use and Management Plan_ Including Namingthe Property as an Addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve; and Indicate the Intention to Dedicate the Proj2eM as Public Open Space at This Time— R .Wort R-98- 156 D. Woods described the property and pointed it out on a map. He presented the staff report and slides. He said the current property owner had never tried to keep the public off the trail. Regarding consideration as public open space during the annual review next year, D. Woods said this was only in terms of dedication. They stipulate this because the area surrounding it is already dedicated as open space. He reminded the Board that at their next meeting they would have the annual dedication report when staff presents property they want to dedicate for the year. He said in the long term there would be a comprehensive plan for the surrounding preserve. Discussion followed regarding dog use. Directors Hanko and Nitz agreed that a mechanism to add new dog trails should be looked into. D. Woods said that County regulations were consistent and comparable with the District's. M. Williams outlined the terms and conditions for the acquisition purchase contract. Motion: P. Siemens 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 98-51 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the 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 Marini Et Al.); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report amended to change trail designation to read, "Designate Priest Rock Trail for continued use by hikers, bicycles, equestrians and dogs on leash", Meeting 98-29 Page 5 including naming the property as an addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve; and indicate their intention to dedicate the property as public open space at this time. N. Hanko seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 -Proposed Gift of the Butler Property as an Addition to El Corte de Madera Creek Open Space Preserve;Determination that the Recommended Actions are at oR rically Exempt from the California Environmental Qu 4 Act;Tentative Adoption of the Preliminary Use and Management Plan. Including Naming the Prol2eM as an_ Addition to El Corte de Madera Creek Open Space Preserve• and Indicate the Intention to Dedicate the propea from Dedication as Public Open Space at This Time-f Re on rt R- 98-154).. M. Freeman described the property and presented the staff report and slides. He said the gate can be moved just beyond the area resident trail and direct them back onto the District trail. M. Williams said they were giving the property out of sense of generosity to the District but there were also fire insurance and tax deductible incentive purposes. Discussion followed regarding a thank you gift. Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act; adopt Resolution 98-52 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance With Respect Thereto (El Corte De Madera Creek Open Space Preserve-Lands of Butler); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to El Corte de Madera Creek Open Space Preserve; and indicate their intention to dedicate the property as public open space at this time. J. Cyr seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4 - Authorization for the General Manager to Execute the Permit to Enter Allowing Robert J. Slobe and Four Contractors to Access Windy Hill Open Space Preserve for the Purpose of Transporting Equipment to the Adjacent Property to be used to Conduct Geological Tests Percolation Tests, and Drill a Well; and Allowing Geolop-ical Tests to be Conducted on the Preserve for the Purposes of Formalizing an Access Road Easement to the Adjacent Proper—(Report R-98-157) M. de Beauvieres presented the staff report and noted a change on page 2 of the Permit to Enter. Paragraph d, second sentence, would be changed to replace the word"minimum" with the word"approximately." M. Williams said permission to enter would be specific as to days and times and would be monitored by field staff. M. de Beauvieres continued with the report noting that this will be a very visible project. They will keep the community aware of what is happening. She said the driveway alignment was firmed up in terms of being geologically stable with the exception of an area she pointed out. She pointed out that the best location for drilling a well is at the highest point on the property, and one of the conditions for the buyer is that they can in fact find water on the property. They cannot come in from the bottom until an easement is firmed up. She said two small trees and some limbs would be removed in order to get in to drill the well. Staff made a site visit and was convinced that the canopy would remain intact. Meeting 98-29 Page 6 M. de Beauvieres suggested adding the words, "or travel across District land" to the end of paragraph c. on page 2 of the Permit to Enter. Board members concurred. On page 5, second paragraph under Section 6.0, S. Schectman added the words, "and agree to release, indemnify, defend, and hold harmless District from any liability" following the words, " . . . loss or damage to property,". C. Britton provided background information on the property, stating that he thought it was the District's obligation to allow the owner reasonable access to see if the property is buildable. M. de Beauvieres said The Sequoias are agreeable to the emergency access road in concept. Motion: J. Cyr moved that the Board authorize the General Manger to execute the Permit to Enter, as amended, allowing Robert J. Slobe and four contractors to access Windy Hill Open Space Preserve for the purpose of transporting equipment to the adjacent property to be used to conduct geological tests, percolation tests, and to drill a well. In addition, the Permit to Enter allows geological tests to be conducted on the preserve for the purposes of formalizing an access road easement to the adjacent property. P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5, - Authorization for the President of the Board or Other Appropriate Officer, to Execute the Notice of Contract Completion and Acceptance of Work for the Installation of a Concrete Slab Floor for the Equipment Storage Area of the Skyline Field Office- (Report R-98-153). M. de Beauvieres presented the staff report. J. Cyr expressed appreciation for the efforts of staff, including J. Cahill. Motion: K. Nitz moved that the Board authorize execution by the President of the Board, or other appropriate officer, of the Notice of Completion and Acceptance of Work for the storage building improvements at the Skyline Field Office. J. Cyr seconded the motion. The motion passed 7 to 0. VII. INFORMATIONAL REPORTS D. Little said he met Paul Cox, Director of National Tropical Botanical Garden, and said he had a copy of a book Mr. Cox had written. B. Crowder said she attended the memorial service for Tom Ford. M. Davey described the memorial which she also attended. C. Britton said the District would be asked by POST to place a memorial bench on Windy Hill. He and B. Crowder talked about Mr. Ford's work for the environment. N. Hanko thanked staff for preparation of the status of the mid-year action plan. In answer to her question regarding encroachments and permits to enter, staff members listed the permits issued on the Ravenswood and Windy Hill Preserves. N. Hanko asked about the Resource Management Subprogram, Watershed Assessment, on page 5 of the report. She had concerns with trail#79 where the bicyclists were riding over the top of the exposed tree roots. J. Isaacs said the geologist had just started the program and should be finished by the end of the month. M. de Beauvieres said that issue would be coming back to the Board when study area 2 is revisited. J. Isaacs explained that the geologist was not hired to look Meeting 98-29 Page 7 at those specific trails but to look at the trails plan as a whole in terms of the watershed. M. de Beauvieres said they would be looking at alignments and alternate routes. N. Hanko mentioned to D. Little that his former professor, Dr. Leo Mandelkern, was arriving tomorrow. D. Little talked about his studies with him. B. Crowder said she had a copy of the Planning and Conservation League Newsletter in which other Board members might be interested. P. Siemens said he attended the Bay Area Open Space Council meeting at which airport expansion was discussed. C. Britton reported as follows: 1. He pointed out letters in the FYIs regarding Bair Island funding and the airport round table, and one to Bill Siegel. 2. He and M. Smith went to the Open Space Council and met with B. Sher to talk about a bill to permanently fund the Bay Area program of the Coastal Conservancy through a vehicle fee. 3. He announced the following Board meetings: Monday, December 14, 6:30 closed session, 7:30 board meeting, and meeting of Financing Authority. There is a requirement to have a public hearing in each county, and he suggested the January 13 meeting for Santa Clara County and January 12 or 14 for San Mateo County. There will be a meeting December 16, 5:30-7:30, to consider final adoption of the Basic Policy. 4. He mentioned that he attended John Wade's farewell party. VIII. ADJOURNNJENT At 10:13 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 98-21 Meeting 98-29 Date: December 9, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5207 425.00 Aaron's Septic Tank Service Sanitation Services 5208 130.49 ADT Security Services Skyline Burglar Alarm 5209 10.41 AT&T Telephone Service 5210 204.58 Bailey's Equipment Repair Parts 5211 750.00 Barbic Roofing Company Distel Tenant Roof Repair 5212 65.00 Berry's Pest Control, Inc. Enterprise Rental--Pest Control Service 5213 30.00 Best Internet Communications, Inc. Internet Service Provider 5214 90.28 Big Creek Lumber Lumber 5215 4071.94 Big 4 Rents Equipment Rental 5216 157.50 Bill's Towing& Recovery Towing Services 5217 106.85 John Cahill Reimbursement--Cellular Phone Expense 5218 70.00 California Park and Recreation Society Recruitment Advertisement 5219 491.20 California Water Service Company Water Service 5220 382.94 Compurun Computer Repair&Maintenance 5221 12.71 Contemporary Engraving Co., Inc. Name Tag Engraving-Docent&OEL 5222 68.29 Continuing Education of the Bar Legal Publication On-Line Service 5223 512.52 Costco Office&Field Supplies 5224 134.00 Council on Education in Management Personnel Law Newsletter 5225 44.13 *1 County Tax Collector Parcel Fire Tax-Enterprise Skyline Residence 5226 635.32 Mary de Beauvieres Reimbursement-National Trails Conference 5227 425.00 Dillingham Associates-Landscape Architects Jacques Ridge Staging Area Plans 5228 495.00 The Jack Dymond Construction Co., Inc. Distel Circle Ceiling Tile Repair 5229 102.00 Emergency Vehicle Systems Vehicle Equipment Repair 5230 351.81 Expedite Signs 5231 640.00 Emily&Associates Planning Department Personnel Consultant 5232 16.00 Federal Express Express Mail Service 5233 18.84 Foster Brothers Security Service Key Copies 5234 53.58 Matt Freeman Reimbursement-Copies of Patrol Map Book 5235 112.52 G& K Services Shop Towel Service 5236 4.14 Gardenland Power Equipment Field Supply 5237 113.66 Garrod Farms - Bales of Straw 5238 111.65 Goodco Press Incorporated Time Card Printing 5239 999.98 Goodyear Auto Service Center Tires 5240 1103.00 Greenbelt Alliance/Greenlnfo Patrol Map Books 5241 110.64 Green Waste Recovery, Inc. Skyline Dumpster Service 5242 43.64 GTE Wireless Cellular Phone Service 5243 97.50 Guy Plumbing&Heating, Inc. Water Heater Repair-Enterprise Rental 5244 43.25 Nonette Hanko Reimbursement-Fax Machine Tape 5245 1200.00 Heather Heights Road Association Annual Road Dues 5246 1200.00 HMH, Incorporated Engineering Services 5247 62.00 Jodi Isaacs Reimbursement-Membership Dues 5248 2253.77 Jeda Publications, Inc. Printing of Rancho Map 5249 41.00 The JKA Group Resource Documents 5250 149.04 Jobs Available Inc. Recruitment Advertisement 5251 3000.00 David Kossack Vegetation Map Project Consultant 5252 113.78 Lanier Worldwide, Inc. Copier Lease Tax 5253 16339.50 Lombardi Construction Skyline Shop Concrete Slab Contractor 5254 35.00 Los Altos Town Crier Subscription 5255 767.71 Lucent Technologies Phone Maintenance Service Page 1 Claims No. 98-21 Meeting 98-29 Date: December 9, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5256 423.79 Lund Pearson McLaughlin Fire Protection Syst Fire Sprinkler System Repair-Distel Circle 5257 69.36 MADCO Welding Supply Co., Inc. Welding Supplies 5258 22.14 Brian Malone Reimbursement--Nature Center Supplies 5259 203.70 MCI Phone Service 5260 154.69 Noble Ford Tractor, Inc. Tractor Hoses 5261 25000.00 North American Title Company Urrere Acquisiti6n 5262 690.00 North American Title Company Sardi Acquisition 5263 19.48 Pacific Bell Telephone Service 5264 939.88 Pacific Coast Seed Inc. Erosion Control Seed 5265 25.00 City of Palo Alto Parking Citation Processing 5266 10.59 Palo Alto Utilities Black Mountain Utilities 5267 91.62 Peninsula Blueprint, Inc. Printing Services 5268 55.00 *2 Pesticide applicators Professional Association Registration-P. Congdon 5269 270.82 PIP Printing Map Printing 5270 255.64 Pitney Bowes Credit Corp. Postage Meter Lease 5271 5531.88 Rana Creek Habitat Restoration Russian Ridge Grassland Study Consultant 5272 10.15 Rancho Hardware Field Supplies 5273 1000.00 *3 Tom Randall Reimbursement-Rental Payment Agreement 5274 2290.24 Roy's Repair Service Vehicle Repair and Maintenance 5275 793.68 Russ Enterprises, Inc. Signs 5276 521.84 San Francisco Newspaper Agency Recruitment Advertisement 5277 549.24 San Jose Mercury News Recruitment Advertisement 5278 10.00 *4 San Mateo County Public Health Lab Tick Test 5279. 350.00 Richard Seymour Red Legged Frog Survey-Schilling Lake 5280 533.67 Shelton's Inc. Culvert 5281 250.57 Signs of the Times Signs 5282 116.83 Skyline County Water District Skyline Water Service 5283 34.52 Skywood Trading Post Fuel 5284 24.75 Steven's Creek Quarry Inc. Drain Rock 5285 59000.00 Stewart Title Company Marini Land Acquisition 5286 70.00 Swift Attorney Service Service of Documents 5287 200.00 Taylor Rental Excavator Rental 5288 4400.00 T.K.O. Construction Culvert Installation-La Honda Creek Bridge 5289 150.00 TMG Media Group Recruitment Advertisement 5290 856.00 Terrasearch, Inc. Geotechnical Services-Bridges 5291 432.99 Tooland, Inc. Table Saw Guard 5292 12699.00 The Warner Group Operations Program Review Consultants 5293 75.05 West Coast Rebar Co., Inc. Rebar 5294 576.43 West Tek Supply, Inc. Netting&Staples 5295 188.79 Michael Williams Vehicle&Business Meeting Expense Reimbursement 5296 553.89 Del Woods Reimbursement-National Trails Conference Expense 6297R 800.00 Judges&Attorneys Resolution Service, Inc. Legal Services Retainer 5298R 603.25 Merwin A. Mace Acquisition Consultant 5299R 1623.98 Rice Trucking-Soil Farm FEMA Project Drain Rock 630OR 224.29 Second Cup Business Meeting Expense In The event this acquisition Is not approved,this claim will not be processed. Page 2 Claims No. 98-21 Meeting 98-29 Date: December 9, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5301 R 3,520.60 Restroorn Facilities Corporation Restroom Supplier 5302R 644.92 Petty Cash Local Business Meeting Expense, Bridge Tolls, Film, Office Supplies, Field Supplies, and Vehicle Expense Total $157,685.73 .1 Urgent Check Issued December 3, 1998 *2 Urgent Check Issued December 1, 1998 *3 Urgent Check Issued November 19, 1998 *4 Urgent Check Issued November 23, 1998 Page 3 Prentiss Cole RESPONSE ACTION PROPOSED BY STAFF [G Board Provident Acknowledge/Respond 7J Coronado Ave. Director Acknowledge/Respegd Los Altos, CA 94022 Staff Acknowledge/Respond Draft Response Attached January 16, 1999 TTT����� Staff to be Directed to Prepare Draft Response for guard Consideration per Board Directive(.) No Response Necessary Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, 94022 Dear Staff: As our open space is being used more and more by a growing population, liter is becoming a problem. I've witnessed a change over the 20 plus years I have been enjoying this land we've been so wise to preserved. (I visit Ranch San Antonio two to three times a week.) It's only within the last year that it seems to have become a problem. Occasionally when it gets bad, but with increased frequency, I take a plastic bag and pick stuff up. On one occasion last week I collected the following: a drink container, two candy wrappers, four or five Kleenex's, and (believe it or not) a baby's disposable diaper. I noticed a second diaper a day or two later, when I had no bag. A couple of days later it was gone, so apparently there are other efforts. It seems to me some education is needed. Perhaps a sign put out in problem areas from time to time (like when the turkeys become a threat) might help. Temporary, because new signs get noticed, old ones become invisible. Maybe something like... PLEASE TAKE RESPONSIBILITY FOR YOUR TRASH AND PACK IT OUT. TOGETHER WE CAN KEEP OUR OPEN SPACE NATURAL. ...along with a sign, a stack of plastic bags nailed to a post, like I've seen at some parks for people to use in picking up after their dogs. If this problem continues to grow some sort of effort to alert visitors will be warranted. Sincerely, "JAN 2 2 1999 Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT J� DR,A�T PRr t� P.AR S VOR 60raD CON Prentiss Cole 75 Coronado Ave. Los Altos, CA 94022 Dear Mr. Cole Thank you for your January 16, 1999 letter concerning litter in Rancho San Antonio Open Space Preserve. The District's Board of Directors reviewed your letter at its regular meeting last night. We appreciate the efforts you have be'en making to help reduce litter, which is both unsightly and hazardous to wildlife. The open space field staff work very hard to keep the preserves clean and free of litter. We are gratified that, on the whole, there is a minimal amount of litter at the preserves. Fortunately, most visitors do take responsibility for carrying their litter out with them. However, as more and more people visit the preserves some areas do seem more subject to littering than others. The District is hesitant to place more signs on the preserves, both for aesthetic reasons, and because people tend not to read them if there is a proliferation of signs. Our understanding, from discussing plastic bag dispensers with other agencies is that they have limited usefulness. Instead, it's been found that many of the bags end up as litter themselves. To help educate visitors to open space, as you suggest, we will begin putting a statement into our site brochures reminding people that it is important for them to pack out their litter,that littering is bad for the environment, and that violators of the District's litter regulations are subject to citation. Again, thank you for writing. The Board truly appreciates your support for the District and its activities, and hopes that you continue to enjoy the open space preserves. Sincerely, Jed Cyr, President Board of Directors JC/gb cc: MROSD Board of Directors 330 Distel Circle * Los Altos, CA 94022-1404 e 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,Deane Little, Nonette Flanko,Betsy Crowder,Kenneth C. Nitz . Genera/Manager:L.Craig Britton Regional Open ace --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-31 Meeting 99-05 February 10, 1999 AGENDA ITEM 1 AGENDA ITEM Final Review of Basic Policy: Objective 2, Open Space Management; Policy c, Recreational Use and Improvement 11 GENERAL MANAGER'S RECOMMENDATION Adopt as final the Basic Policy language for Objective 2, Open Space Management; Policy c, Recreational Use and Improvement tentatively adopted December 16, 1998, or: Consider the alternative wording based on the Trail Use Policies, as presented in this report. BACKGROUND At your December 16, 1998 meeting (see report R-98-159) you tentatively adopted language for Basic Policy Objective 2, Open Space Management; Policy c, Recreational Use and Improvement, as presented in this report. The policy language was the subject of extensive public and Board discussion at the meeting. Based on the controversy surrounding this issue, staff has provided an additional alternative which is related more directly to the current Trail Use Policies (attached) and other adopted access policies and practices. It is important that the Basic Policy be consistent with the adopted policies and practices because the latter are the current and most carefully resolved statements regarding decisions on trail use. The "criteria-based" alternative tentatively adopted on December 16 is opposed by many hiking-oriented users. The "special-basic" alternative reviewed on December 16 was opposed by many other users, though it is more consistent with the Trail Use Policies than the criteria-based alternative. The alternative presented in this report may be a more acceptable compromise, while clearly and simply stating the current policies and practices. In any case, recreational access issues will receive more detailed attention during the review of the Trail Use Policies and Guidelines scheduled for next fiscal year. Either wording alternative presented below would replace the second, third, and fourth paragraphs in the current version of policy 2c on pages 3 and 4 in the Basic Policy (Attachment 1 in report R-98-159). The alternatives presented in this report have shading or strikeouts to reflect additions or deletions directed or discussed at the December 16 meeting. 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,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton R-99-31 Page 2 Criteria-based wording tentatively adopted December 16. 1998: The timing and level of access to for public recreational use of District land will be evaluated for each type of use in terms of three basic criteria: 1. Avoidance or ff4figafe mitigation of significant environmental impact 2. Avoid nag or frA ft mitigation of significant conflict with other uses 3. Availability of Board and staff time, and/or other means, to plan and manage the use The District will plan for public access to ensure that these criteria will be met before use is provided mewed, and will control use that does not meet the criteria, as interpreted by the Board. To protect open space qualities, the District will use a high standard in defining "significant" impacts and conflicts. in . The District is committed to working with different trail user groups to find practical solutions and mitigations, with the understanding that some trails may not be opgn to all uses. However, gem , Alternative wording based on current Trail Use Policies: The District provides for appropriate low-intensity public recreational use of its open space lands. Use will be accommodated based upon a careful decision-making process to assure that open space resources are protected, that the use can be safely managed within budget constraints, and that user conflicts will be minimized. All uses may be subject to the site constraints described in policy section 2b. Access for hiking is typically unrestricted on District trails and lands. Wheelchair accessible trails and other reasonable accommodations for people with disabilities are provided to ensure access to all the District's formally-improved structures and to a range of open space settings with wide geographic distribution. Safe and enjoyable access for hiking and for persons with disabilities will be given priority over other types of uses in the case of a conflict. i R-99-31 Page 3 Bicycle and horseback riding access is generally provided, but may be restricted seasonally or permanently on certain trails due to conditions. Dog walking access is provided based on findings regarding site evaluation criteria. Access for rock climbing, hang gliding, paragliding, and other site-specific uses is provided by specific policies and special permit. While this policy dictates that all recreational user groups will not have the same access to all trails, the District will carefully consider overall trends in use and try to be fair in providing access to various user groups in accordance with its policies. Prepared by: Randy Anderson, Senior Planner Contact person: Same as above Open Space --------------------- -------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TRAIL USE POLICIES Adopted by Board of Directors November 14, 1990 PREAMBLE One of the District's basic policy statements is that it will "follow a land management policy that provides proper care of open space land, allowing access appropriate to the nature of the land and consistent with ecological values". As a result of the rapidly increasing level of trail use and the increased types of trail use, it is necessary to adopt more specific policies on trail use in order to effectively implement this basic policy statement. The District is concerned both with the safety of all trail users and the enjoyment of their open space experience. The purpose for which people use open space trails varies depending on individual or group needs. Visitors may come to observe nature in a protected environment, experience tranquility, exercise in a non-urban setting, or any combination of these. The means by which*visitors use trails also varies - be it hiking, running, on bicycle, on horseback, or in a wheelchair. Motorized vehicles, except electric wheelchairs are prohibited. The combination of trail conditions, level of use, and the mix of uses may lead to conflicts. Conflicts result in negative environmental impacts, unpleasant user experiences or unsafe situations. Conflicts are related to several factors, including: • The relative speeds of different users. • Existing trail conditions, such as poor line-of-sight, narrowness, steep slopes and wide-open stretches of trail that might encourage excessive speed. • A lack of knowledge of, or disregard for, trail use etiquette and regulations by all types of users. • A high concentration of use in certain areas. This set of policies is intended as a guide in establishing trail use designations throughout the District which will promote safe and enjoyable experiences for all who use the District lands. These policies are not intended to restrict who may use the District trails, but they may restrict how or under what conditions the trails are to be used. 330 Distel Circle Los Altos, California 94022-1404 * Phone: 415-691-1260 & FAX:415-691-0485 Board of Directors:Pete Siemens,Robert McKibbin,Teena Renshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit POLICIES 1 .0 The District will endeavor to provide a variety of satisfying trail use opportunities on open space preserves throughout the District. More specifically, the District will endeavor to: 1 .1 Provide multiple use on individual trails where such use is consistent with the balance of these policies. 1 .2 Protect.the opportunity for tranquil nature study and observation, especially in those areas identified as providing a unique wilderness experience. 2.0 The District will designate appropriate use(s) for each trail. Uses will be allowed that are consistent with District's objectives for sound resource management and safe and compatible use. More specifically, the District will: 2.1 Allow trail use appropriate to the nature of the land and consistent with the protection of the natural, scenic and aesthetic values of open space. 2.2 Within budgetary and staffing constraints, make reasonable efforts to provide safe conditions for trail users. 2.3 Evaluate trail user needs, concerns, quality of experience, impacts, and the compatibility of various uses. Those uses creating the least conflict among trail users and the least environmental impact will be given greatest preference in trail use planning. 2.4 Ensure that all District trails will be accessible to hiking. When consistent with this policy, if a non-hiking use adversely impacts user safety, the use may be restricted or redirected. The intention is not to restrict access by any individual, but rather to limit incompatible uses and means of travel. 3.0 The Board of Directors will adopt qualitative and quantitative trail use guidelines to aid the Board and staff in determining trail use designations in the implementation of these policies. 4.0 Specific trail use designations will be established and reviewed periodically through the Use and Management Planning Process, and will be subject to adopted Public Notification Procedures. Trail use designations may change if use patterns develop that are in conflict with these policies. 4.1 In extreme cases where there is not sufficient time to comply with th Use and Management Planning Process, the Board of Directors or General Manager may make an interim decision to limit use while providing an evaluation process and timeline for final determination of the designated use. 5.0 The District will endeavor to provide trail access for a variety of physical capabilities and user needs (including persons with physical limitations) in a manner consistent with resource protection goals, budgetary constraints, and state and federal regulations. 6.0 The District will carry out management programs necessary for the implementation of these trail use policies. The designation of appropriate trail use as a method of minimizing trail use conflicts and environmental impacts will require a significant increase in trail use measures such as education, physical improvements to trails and enforcement of trail use regulations. More specifically the District will: 6.1 Support trail use actions with a strong educational program. The District recognizes that education in proper trail etiquette and low impact use is a key measure towards the reduction of negative trail use impacts. 6.2 Monitor trail use conditions on a regular basis. The purpose of a monitoring program will be to evaluate current conditions and to determine whether or not trail management programs, including maintenance, reconstruction, education and use regulations are effective in addressing user conflicts and environmental impacts, and to recommend changes if necessary. 6.3 Include implementation costs in determining the feasibility of trail use designations and regulations. 7.0 The District will work with other agencies, interest groups and private landowners in an effort to promote an interconnecting trail system throughout the region. The District recognizes that connections should be compatible with other jurisdiction designations and land owner objectives as well as these policies and trail use guidelines. 8.0 The District recognizes that existing trail use characteristics such as the types of use, conflicts, and impacts may change over time so that certain policies may no longer be appropriate or a new policy may be required. Hence, these policies will be subject to review and revision as deemed necessary by the Board of Directors, following adopted Public Notification+ Procedures. Attachment 1 Basic Policy Revision Draft INTRODUCTION MISSION STATEMENT "...to try to save for everyone, for the hostile and indifferent as well as the committed, some of the health that flows The District's mission is: down across the green ridges from the Skyline, and some of the beauty and To acquire and preserve a regional refreshment of spirit that are still available greenbelt of open space land in perpetuity; to any resident of the valley who has a protect and restore the natural environment; moment, and the wit, to lift up his eyes and provide opportunities for ecologically unto the hills." sensitive public enjoyment and education. -Wallace Stegner Open space: OBJECTIVES • Is land area that is allowed to remain in or return to its natural state. Open 1. Open Space Land Preservation: The space lands may include compatible District seeks to purchase or otherwise agricultural uses. acquire interest in the maximum feasible area of strategi& open space land within • Protects areas of scenic beauty and the District, including baylands and preserves natural habitats necessary to foothills. The District seeks to link its sustain plant and animal life, especially open space lands with federal, state, native and endangered species. county, and city parklands and watershed lands. • Offers opportunities to the public for education, recreation, and renewal of spirit. Policies • Enhances public safety by preventing District Purpose development of areas prone to landslides, earthquake damage, a. As an open space agency, the District's flooding, and wildland fires. primary purpose is to preserve open space. Development of traditional park and • Establishes boundaries for urban recreation facilities is the responsibility of growth, provides a respite from urban the cities and counties? living, and enhances regional quality of life. In short, open space is "room to breathe."' 1 Strategic Emphasis from willing sellers. Eminent domain will be used only in strict compliance with the b. The District uses its available resources District's eminent domain policies: primarily to acquire or otherwise preserve land outside the Urban Service Area "The District does not want to use eminent boundaries of cities that has regionally domain as a means of purchasing land significant open space value and that might unless the property concerned is an open be lost to development if the District fails space parcel of critical importance or is to act.' under some dire emergency, such as immediate destruction of natural resources, The District's goal is to acquire lands or clearing for development purposes. within its own boundaries and Sphere of Even under such urgent circumstances, Influence. Acquisitions outside the however, eminent domain would still be District's boundaries will be considered used only as a last resort. The District only if exceptional purchase opportunities would continue to use negotiations as its arise that clearly support the District's objective in purchasing the land. "' mission.' Master Plan, Regional Open Space Study Open Space Acquisition d. To guide the District's open space c. The District acquires land most often preservation efforts, the District produces a through fee simple interest (outright master plan and a regional open space ownership). Options and installment study. The master plan sets forth purchases may be employed to this end. guidelines for District acquisitions and To conserve funding for preservation, the shows the relative desirability of potential District may seek to preserve open space open space land acquisitions. The regional without outright ownership of the land. open space study shows the general extent The District may act as a land bank through of lands and public access improvements acquisition of less than fee interest to existing and under consideration to accomplish the same results with less complete the District's greenbelt mission. immediate expenditure of the District's Both documents are subject to periodic funds. Examples include acquisition of a review and modification by the Board of remainder interest following a life tenancy; Directors after public hearings. The open space, conservation, or scenic Regional Open Space Study is subject to easements; and purchase and leaseback periodic technical updates. Both documents arrangements. The District actively strives are submitted to the counties, cities, and to acquire open space through gifts and other conservation-oriented local, state, and matching grants. Gifts of land with life federal agencies and organizations for tenancy are encouraged. Other creative review and comment in order to encourage open space preservation techniques are coordination with their planning and explored and utilized when possible.6 policies. The District desires to acquire open space 2 2. Open Space Management: The include the carrying capacity of the land, District follows management policies that geologic features, restoration efforts, the ensure proper care of the land, that ability to plan and implement trails, provide public access appropriate to the parking, restrooms, mapboards and signs, nature of the land, and that are and identification and mitigation of consistent with ecological values and potential safety hazards.12 public safety.' Because of the District's commitment to maximum open space preservation efforts, Policies expenditure guidelines will be established for the amount of funding available for Resource Management recreational improvement projects and restoration activities." a. The District protects and restores the natural diversity and integrity of its Agricultural, residential, and other limited resources for their value to the revenue producing uses of the land may environment, and the public, and provides limit public access in certain areas. Where for the use of the preserves consistent with appropriate, access may be provided on a resource protection.10 permit basis. Public Access and Constraints The District strives to provide public access to its lands to everyone, regardless of place b. The District provides public access to of residence, physical abilities, or the open space lands for low-intensity economic status. (See Access Plan for recreational uses. The District's highest Persons with Disabilities) priority is acquiring land to complete the greenbelt and to protect natural resources Recreational Use and Improvements on open space land. Public access will be provided gradually to ensure that the higher c. Improvements on District lands are priorities of acquisition and resource generally limited to facilities (ie: parking protection are maintained." areas, trails and patrol roads, restrooms, mapboards, and signs) for low-intensity Developing facilities and managing public recreational uses. Low-intensity recreation use activities while protecting natural avoids concentration of use, significant resources and providing for public safety alteration of the land, and significant may require limits on access to some open impact on the natural resources or on the space lands. Areas found to be vital appreciation of nature.14 wildlife or plant habitats are designated as refuge areas, and in these areas access will Low-intensity public recreational use of be severely restricted. In addition to District land will be considered in two protection of sensitive natural resources, categories: "Basic Use" and "Special Use." factors that may delay or limit access 3 Basic Use is defined as access to such as environmental education, heritage pedestrians and reasonable accommodation resource protection, or public enjoyment for people with disabilities. This use is and appreciation of nature. The cost of "basic" because it allows access to management and exposure to liability of everyone with the lowest possible level of these types of facilities and activities may environmental impact, conflict between be a factor in deciding whether to permit uses, and management cost. The District them on District lands. will typically open its lands to Basic Use as Public Safety soon as an appropriate planning document is adopted and access and safety conditions d. The District monitors and manages its can be satisfied. In cases of extremely preserves to provide a safe environment for sensitive resources, access may be visitors and neighbors." seasonally or permanently limited. � Cultural Resources I Special Use is defined as use that involves extra equipment or accouterments that e. Historic structures and sites will be creates potential environmental or considered for protection by the District management impacts beyond those of Basic where they are associated with lands Use. This includes such activities as acquired for overall open space values. bicycle riding, horseback riding Due to the high cost of evaluating, equestri , dog walking, rock climbing, managing, and restoring such facilities, the hang gliding, etc. Special Use will be District depends on grant assistance, accommodated based on a careful decision- public-private partnerships, and outside making process, including adopted criteria assistance to support these activities. Sites for mitigating environmental impact, are evaluated for archaeological resources conflict with other uses, particularly Basic prior to any new use or improvement which Use, and constraining planning or might impact the site. Archaeological management costs to affordable levels. In resources are evaluated, protected, and this regard the District will carefully made known to the public as appropriate to consider overall trends in use and try to be ensure their preservation.16 equitable in providing access to various user groups. Agriculture and Revenue-Producing Use Special Use facilities, (i.e. nature centers, f. The District supports the continued historic structures, picnic tables, or agricultural use of land acquired for open backpack camps), and Special Use activities space as an economic and cultural resource, (i.e. large recreation events, hang gliding, including, but not limited to, grazing, or off-leash dog areas), are considered on a orchards, row crops, and vineyards. The case by case basis. In some cases Special District does not consider commercial Use activities may require a permit. These logging as agriculture. The District types of uses may be allowed when they do requires sound agricultural management not monopolize significant areas of natural practices on land it manages or monitors, in land, do not significantly impact natural or accordance with its Resource Management aesthetic resources, and provide benefits Policies." 4 g. Revenue-producing use of District land, Joint Projects such as rental residences, communications antennas, or special commercial use such as c. The District explores and engages in filming, may be allowed when it does not joint projects to maximize the opportunities utilize significant areas of natural land, for preservation of open space. Examples does not unduly impact natural or aesthetic include interagency land management resources, does not unreasonably restrict agreements,joint planning or research public access, and provides benefits or studies, and joint acquisition, improvement, income to the District. or resource management projects. Research 3. Inter-Agency Relationships: The d. The District supports the development District works with and encourages of scientific knowledge about natural and private and other public agencies to cultural resources and management preserve, maintain, and enhance open techniques through cooperative space. arrangements with educational and scientific institutions, and by supporting research on which to base its management Policies and improvement decisions. Such studies shall not unreasonably restrict public access Cooperation or significantly impact the environment. a. The District cooperates with and Advocacy encourages cooperation between governmental agencies, community e. In order to better plan, acquire and organizations, and individuals to preserve operate a regional greenbelt of open space open space.8 preserves and trails, and to further cooperate in this effort with other The District works cooperatively with other jurisdictions, the District may encourage governmental agencies and community and advocate preservation of open space by organizations to facilitate development and other governmental agencies. The District management of recreation facilities and of may support and encourage community public use. The District ensures that such groups, non-profits, and other conservation development is consistent with protection of oriented groups in their efforts to urge important natural values of the open space. other agencies to take actions which will help accomplish the purposes and goals of Participation the District. b. The District participates in the public review processes of land use plans of other 4. Public Involvement: The District agencies and development proposals that educates and makes clearly visible to the affect the District's mission. public the purposes and actions of the District, and actively encourages public 5 input and involvement in the District's Policies decision-making process and other activities." Public Information a. The District works through a variety of public open space preserves, the District means and media to inform the public of makes every effort to cooperate with the District's goals and objectives, its short preserve neighbors, to take into account and long-term plans, the critical need for their perspectives, to fully address their open space preservation, and the concerns, and to engage and involve them appropriate use of District lands. This in the process of making decisions information is disseminated as widely as regarding the preserves of which they are possible throughout the District. Land- neighbors. Active management, patrol, owners and potential donors are adequately maintenance, and public education are informed of the District's purpose and provided to minimize threats to public goals, and of the possible methods of safety, fire hazards, litter, noise, erosion, preserving land as open space. unsound use of the land, disturbance of wildlife and vegetation, and trespassing." Meeting Procedures Participation b. The District diligently follows the provisions of the Ralph M. Brown Act e. The District seeks to involve the public regarding open meeting procedures, and in the operation and decision-making of the will be guided by its enabling legislation District and in general planning for under the state Public Resources Code, acquisition and future use of open space Article 3, Division 5, Chapter 3, Section lands through special workshops, 5500. The District encourages and committees and task forces, and public welcomes public participation at its outreach activities. Through staff and meetings and make its actions, intents, and volunteer programs, the District provides decisions clearly visible to the public. ecological and environmental education and fosters public appreciation of open space Public Input values. c. The District encourages and welcomes Volunteerism communication from the public by being as accessible to the public as possible and by f. Through its volunteer programs, the regularly soliciting public comments about District encourages active public what the District should be accomplishing participation in the maintenance, and how it should proceed.20 restoration, and protection of its natural resources. In addition, volunteers assist the Neighbor Relations District in scientific research, and providing cultural, historical, and d. In both the day-to-day conduct of its environmental education opportunities to business and in the long-range planning for the public. 6 financial constraints. 5. Administration: The staff administers the affairs of the District on behalf of the public so as to maximize accomplishment of the goals and objectives of the District within existing Policies Cost Constraints a. Because the District is committed to maximum preservation efforts, administrative expense growth is limited by following an average annual operating expenses growth guideline, and by utilizing these policies are intended solely for the guidance of the help of other governmental agencies, the Board in the exercise of its discretion and are not private entities intended to give rise to private rights or causes of , contractual services, and action in individuals or other persons. e Board volunteers.21 Th shall be the final arbiter as to any question of interpretation of these policies. It is not the purpose Professional Organization of these policies to adopt any legal requirements. Failure to comply with these policies shall not affect b. The District employs a highly capable the validity of any action taken by the District. and professional staff and provides them with the facilities and resources needed to run an efficient and responsible organization. Board of Directors c. The Board of Directors is the governing body of the District and determines all questions of policy. The District is divided into seven geographic wards of approximately equal populations, each represented by an elected Board member.22 7 FOOTNOTES: 1. Open Space Acquisition Policies,Pg 3 District Operating Expenses and Annual Budget. 2. Open Space Acquisition Policies, Pgs. 2-6. 22. Public Resources Code, Section 5537 3. Master Plan/Open Space Acquisition Policies, Pg. 3;Land Acquisition Policies, Pg. 3,Par. F. 4. Master Plan/Open Space Acquisition Policies,Pg. 6. 5. Land Acquisition Policies,Pg. 3. 6. land Acquisition Policies,Pgs. 5 - 10. 7. Polices Regarding Use of Eminent Domain, Ordinance No. 86-1. 8. Open Space Acquisition Policies,Pgs. 9, 10. 9. Resource Management Policies 10. Resource Management Mission Statement 11. Resource Management Policies 12. Resource Management Policies 13. Average Six Percent Growth Guideline for District Operating Expenses and Annual Budget 14. Resource Management Policies 15. Good Neighbor Policy,District Land Use Regulations 16. Resource Management Policies 17. Resource Management Policies,Goals 10 and 11. 18. Good Neighbor Policy,Public Notification Policies,District Land Use Regulations 19. Rules of Procedure,Notification Policies, Land Acquisition Policies,Pgs. 15, 16 NOTE: The public may obtain policy documents by contacting District office during regular business 20. Public Notification and Good Neighbor hours Monday through Friday 8:30 am to 5:00 pm. policies. 21. Average Six Percent Growth Guideline for 8 Regional Open *ce ------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-22 Meeting 98-05 February 10, 1999 AGENDA ITEM 2 AGENDA ITEM Proposed Initial Actions Resulting from the Recommendations of the Operations Program Review OPERATIONS PROGRAM REVIEW AD HOC COMMITTEE'S RECOMMENDATIONS 1) Approve the retention of the rangers' defensive equipment and current uniform profile, and reaffirm by formal Board action the policy not to arm the ranger staff. 2) Authorize the General Manager to hire two additional rangers, one in each geographic area. 3) Direct the Ad Hoc committee to continue developing a work plan based upon the Operations Program Review in such a manner as to foster a closer working relationship among field staff, management, and the Board of Directors. 4) Direct the Ad Hoc committee to continue its work with staff and to periodically provide progress reports to the Board. The Board may take any additional action as required. BACKGROUND At the regular meeting of January 14, 1998, the Board authorized the General Manager to execute a contract with the Warner Group for a review of the Operations Program including, but not limited to, law enforcement issues. An Ad Hoc committee of the Board was appointed to oversee the process and to provide input (see report R-98-07). At a workshop on September 28, 1998, which was continued on October 21, 1998 (see report R-98-110), the Board accepted the consultant's final report and voted to continue the Ad Hoc committee involvement to review the results, and to recommend a plan of action based on the final report and input received. DISCUSSION The Ad Hoc committee has met three times to identify key issues and to discuss the process of carrying out recommendations with management staff. Management staff has had an initial 110 Distel Circle . Los Altos, CA 94022-1404 Phone: 050-091-1200 FAX:0 0-091 0485 - F-mail: mrosd(0,openspace.org Web site: www.openspace.oi- Boar(I OI Pjwr fens Pete Siemen"Ni'm C. Davev,le'd(yr, 1)eanc I ittle, Nonette I Linko f3t,t,v Crowder, Kenneth C. Nit/ ones?/M,m wev:L t I'm"Britton R-99-22 Page 2 meeting with field staff to introduce the process and to outline the goals of the Ad Hoc committee. The process will include a strong element of field staff involvement. The goal is to present draft materials to field staff prior to these being presented to the Ad Hoc committee, and to solicit input which would be presented to the Ad Hoc committee. Ad Hoc committee meetings are open to interested field staff, on a voluntary, after hours basis. The Ad Hoc committee has reviewed the Warner Group's recommendations to reduce the defensive equipment utilized by the ranger staff and to change the uniform image. Based upon the feedback provided at the Board workshops, and discussions with management staff, the Ad Hoc committee feels that it is not necessary to change the rangers' equipment, badge, or uniform at this time. During discussions at the two Board workshops, it became clear that changes to the rangers' current uniform do not have staff support. The current uniform is practical for the rangers' generalist role, and the defensive equipment which the rangers carry is appropriate for the level of enforcement work which is expected of them. Further, the rangers' uniform projects a friendly and professional image, while still conveying the necessary level of authority needed to assist in gaining compliance with District ordinances and other selected codes. The issue of rangers carrying firearms still engenders strong feelings among the ranger staff. The Board received the final report of the Operations Program Review, as well as staff and public comments about this issue at the two workshop sessions. The apparent consensus of the Board, and the subsequent recommendation of the Ad Hoc Committee, is that ranger staff should retain its current defensive equipment and should not be authorized to carry firearms. This recommendation is based upon the District's law enforcement role, experiences with violators, and comparison to similar agencies, as well as reasons listed in the Operations Program Review. The committee feels it is important that the Board take a definitive formal position on the issue of firearms. One action which will assist in increasing ranger safety would be the hiring of two additional rangers, as mentioned in the report. The last new ranger position was added in December, 1994. At that time the District had jurisdiction over 33,355 acres (see report R-94-136). In 1998, this figure had grown to 43,002 acres (see report R-98-147). The addition of two new ranger positions (one for each geographic area) will assist in the scheduling of additional evening coverage, as recommended in the Operations Program Review. Additional rangers would also assist in expediting the response of law enforcement agencies to District staff requests for assistance. Other benefits of these positions would include additional staff time for maintenance and resource management projects. It is recommended that the additional rangers be hired in early March, in order to have completed the necessary training for them to be available to work independently by late spring. R-99-22 Page 3 Further, a hiring process is currently underway for an open ranger position in the Foothills area, and additional candidates from this hiring could be utilized to fill the new positions. The cost of initiating these new positions in March can be accommodated within the current budget since the long term ranger vacancy has created a surplus. The Budget Committee has reviewed this recommendation. The Ad Hoc committee has also reviewed several staff projects, which are already being implemented. These include scheduling additional staff for evening hour patrols, increasing contacts with the County Sheriffs at the management and supervisory levels, and the use of a staff working group to develop specifications for new fire pumper units on patrol vehicles. The latter will be included in budget preparation for the upcoming fiscal year. Work is also underway to improve communications between management and field staff. John Escobar and Gordon Baillie have met with field staff to discuss the process for giving input to the Operations Program Review Ad Hoc committee, reviewing materials to be considered by the Ad Hoc committee, and getting staff input back to the committee. The Ad Hoc committee and management staff are committed to creating a process which will foster and improve the working relationship between management and field staff. The final report of the Operations Program Review contains a great deal of information and recommendations, with which the Ad Hoc committee will be working to set priorities. An important aspect of this process is taking the time necessary to allow for research on the issues, distribution of draft materials, and the gathering of input from the field staff. The Ad Hoc committee looks forward to reporting back to the full Board on future progress. Prepared by: Gordon Baillie, Operations Analyst Contact Person: Jed Cyr, Operations Program Review Ad Hoc Committee Chair John Escobar, Operations Manager Regional Open ace R-99-25 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-05 February 10, 1999 AGENDA ITEM 3 AGENDA ITEM Teague Hill Open Space Preserve Surplus Property: Update and Authorization of Additional Budget for Consultant Services; Consideration of Alternatives for Disposition of Surplus Property at Pinto Way through Lot Line Adjustment or as a Single Site GENERAL MANAGER'S RECOMMEhID'ATIONS ✓ W 1. Increase the budget authorization for this project in the 1998-1999 fiscal year from $30,000 to $50,000 ($120,000 cumulative), and the total authorized amount for the project from $110,000 to $230,000, as detailed in Attachment 2, including increasing the project scope to include anticipated services to complete the lot line adjustment application and follow-up through the review and property disposition process: a. Increase the budget authorization for Enshallah, Inc., real estate disposition consultants, from $22,000 to $53,000. b. Increase the budget authorization for Brian, Kangas, Foulk, civil engineers, from $60,000 to $76,000. c. Increase the budget authorization for Cotton Shires Associates, geotechnical engineers, from $13,800 to $18,000. d. Increase the authorization for application and environmental study fees to the Town of Woodside from $15,000 to $40,000. e. Authorize the General Manager to initiate other recommended services; retain legal services for preparation of covenants, conditions, and restrictions for the proposed lots, if such outside services are determined to be necessary, with an estimated budget of$10,000; and additional engineering services for water and storm drainage systems with an estimated budget of$20,000. OR: 2. Make a determination not to submit a lot line adjustment application, and direct staff to take steps to market the 36-acre surplus property as one residential estate lot: a. Determine that the sale of surplus property for potential development as one residential lot is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in this report. b. Authorize staff to review qualifications and recommend a residential real estate broker, to be confirmed by the Board. c. Authorize an additional $5,000 budget for the project in the 1998-1999 fiscal year Planning Program budget ($35,000 total) to allow plans and reports to be finalized. d. Staff would return with a budget proposal for the 1999-2000 fiscal year Acquisition and Enterprise Program for services to complete the sale of the property. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton R-99-25 Page 2 OR: 3. Cease attempts to actively complete the lot line adjustment or market the property: a. Determine that the sale of surplus property for potential development as one residential lot is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in this report. b. Authorize an additional $5,000 budget for the project in the 1998-1999 FY Planning Program budget ($35,000 total) to allow plans and reports to be finalized. c. Approve the continued undedicated status of the property for potential future exchange or sale. DISCUSSION Efforts to sell two approximately 36-acre surplus property areas at Summit Springs Road and Pinto Way have been ongoing since the acquisition of the 624-acre Teague Hill Open Space Preserve in 1988, as outlined in the attached project summary (Attachment 1). On February 18, 1998, the Board approved a property exchange for the Summit Springs area as part of a three-way agreement for exchange of property at Windy Hill Open Space Preserve and property near Mount Loma Prieta owned by Pelican Timber Company (see report R-98-25). The party that would receive the Summit Springs area, Keenan Land Company, is still in the process of completing feasibility studies to determine if it will exercise its option to conclude or terminate this part of the exchange. The District has been pursuing a lot line adjustment to create three salable residential lots within the 36-acre Pinto Way area since 1996. The most recent report to the Board concerning the Pinto Way area took place at your February 12, 1997, regular meeting (see report R-97- 19). At that time the Board approved additional budget authorizations for consultants, bringing the total amount authorized to $110,000. The primary difficulty in accomplishing the lot line adjustment and then selling the property is in satisfying the requirements and concerns of Town of Woodside staff. Town staff has raised issues, including wanting to confirm the District's ability to create legal parcels by exception at the time of acquisition, legal road access to the site, and the consistency of residential development with the Town's General Plan. With significant effort by District staff and consultants, each of these issues has been successfully addressed to the satisfaction of Town staff. In addition to raising these issues, Woodside staff has required the District to undertake a substantial amount of technical study and investigation that would not normally be required for a lot line adjustment, which is a relatively simple process under the Subdivision Map Act. This includes topographic survey of the property and location of significant trees, geologic testing and report, percolation testing for septic systems, and a schematic study and report for storm drainage. In addition, the percolation tests were required to be repeated because the R-99-25 Page 3 standard procedures for performing the tests changed while other issues were holding up the project, and because the location of some of the tests did not conform to home site locations that were later identified. A graphic exhibit of the lot line adjustment proposal has also been prepared to illustrate the features more clearly than the engineering drawings. At this point, most of the Town's requirements for the lot line adjustment application have been completed, except for some revisions to the reports and drawings, and resolution of the storm drainage study. Approximately $99,000 has been expended to date. The lot line adjustment application was anticipated to be completed one year ago, prior to requests for additional technical studies by the Town. Therefore only $30,000 was allocated for the project in the 1998-1999 fiscal year budget, and this has now been expended. The Board would need to authorize the additional expenditure of approximately $20,000 this fiscal year to complete the application tasks, as detailed in Attachment 2. This would result in an overall cost of approximately $120,000 to complete the lot line adjustment application submittal, versus the 1997 estimate of$110,000. There is funding available in the overall capital improvements budget to cover these expenditures because other project budgets could not be spent due to factors outside of the Planning Program's control. Since preparing the 1997 estimate for completing and submitting the application, staff and the consultants have been able to roughly estimate other services and studies that are likely to be required to see the application through to approval and the disposition of the property. These include representation of the project at hearings, potential revisions to the plans and reports, and funding of any required environmental documentation through the Town. These additional costs total approximately $80,000, as detailed in Attachment 2. This would bring the total expenditures on the project to approximately $200,000. In addition to the documentation required by the Town for the lot line adjustment, further documentation is recommended to facilitate sale of the property as three potentially buildable lots. One necessary step may be preparation of legal descriptions and covenants, conditions, and restrictions to allow various easements and maintenance agreements to be conveyed to the new owners. This is roughly estimated at $10,000. Given the other development feasibility studies required by the Town, design and application for the water system and more detailed design of the storm drainage system are recommended to address the only remaining preliminary infrastructure design requirements. Preliminary design of the water system would allow the process to be started for annexation of the property to the California Water Service Company service area, which is a time-consuming process. These engineering services are estimated to cost approximately $20,000. Along with the legal services which might be required, this could bring the total expenditures on the project to $230,000. If the Board elects not to authorize additional expenditures to pursue the lot line adjustment and sell the lots, the value of the completed designs and studies could still be recaptured through the sale of the 36-acre surplus area as a single lot. All of the studies and designs funded by the District increase the sales value of the property by demonstrating or indicating development feasibility. The incentive for pursuing the lot line adjustment is that the costs for R-99-25 Page 4 design and infrastructure are nearly as high for one lot as they are for three lots, while the potential sales value of three lots would be almost three times the value of the single lot. In either case, the engineering and testing that has been completed would be needed by any party pursuing development, and thus adds significantly to the market value. If the Board elects not to pursue funding and application for the lot line adjustment, staff recommends that the Board authorize the selection of a real estate brokerage firm to list and market the 36-acre surplus parcel as a single residential lot (alternative 2). The current real estate consultants, Enshallah, specialize in disposition of large surplus public properties, usually at auction. The marketing of a single residential lot is more suitable for a local broker that specializes in residential estate lots. The final selection of the broker would be made by the Board based on an open selection process. In this case, staff recommends that the Board authorize an additional $5,000 in the Planning budget for fiscal year 1998-1999 ($35,000 total) so that the consultants can finish updates to the plans and studies. This information will then be provided to the selected broker to aid in marketing the lots. Some additional costs will be incurred in selling the lot, such as appraisal and title services, legal descriptions, and other mechanisms that may be used to put open space and trail easements in place. These costs would be determined at a later date and staff would return to the Board for budget approval accordingly. The third alternative presented is to expend no further effort on planning or engineering for the lot line adjustment submittal except the basic $5,000 to complete the current plans and studies, and to basically put the project and completed plans and studies "on the shelf" until a later opportunity or decision. One drawback to this alternative is that the plans and reports are based on current standards and information, and could become out of date. Also, if significant time elapses before the studies are taken up again, it would be more difficult and expensive to complete the unfinished portions. Thus as time passes, the opportunity to recapture the $100,000 spent on the plans and studies is diminished; however, this site would be retained for possible exchange in the future, much like the Summit Springs parcel which is currently subject to an exchange agreement. CEQA COMPLIANCE At your August 14, 1996, regular meeting (see report R-96-86) you authorized the General Manager to sign a formal agreement with the Town of Woodside that the Town would be the lead agency for purposes of review of the lot line adjustment project under the California Environmental Quality Act. Thus, the District will not make a CEQA determination on that project, but, as applicant, will recognize that Woodside as the permitting agency has the responsibility for environmental review. However, the property could be sold as a single residential parcel without further action by the Town of Woodside. If this alternative is elected, the District should make a CEQA determination on the action, as outlined below. R-99-25 Page 5 Project Description The project consists of sale for potential residential development of a single approximately 36- acre parcel located off Pinto Way in the eastern foothills of the Santa Cruz Mountains within. the Town of Woodside. The potential sale would include placement of permanent open space and public trail easements over the property, so that approximately 80% to 90% of the property would be preserved in its natural condition, with local public access to trails in the adjacent open space preserve. Without prior action to create additional lots, the Pinto Way property could only be developed as a single residential use and/or accessory structures. A maximum of one single-family residence would be allowed by the current Town of Woodside Zoning Ordinance on a single parcel. Accessory structures as defined by the code, such as recreational improvements and/or accessory living quarters, could be allowed. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Section 15303. Section 15303 exempts the construction of single-family residences and accessory structures. Prepared by: Randy Anderson, Senior Planner Contact person: L. Craig Britton, General Manager Attachment 1 BACKGROUND INFORMATION TEAGUE HILL SURPLUS PROPERTY January 29, 1999 The surplus property sale concept was part of the District's original decision to purchase the Teague Hill property in 1988. Due to the property's high cost ($7.5 million), relatively low accessibility to the general public, the District's prior commitment of $6 million toward the purchase of the nearby Phleger estate, and a number of critical acquisition projects in the region exceeding the District's acquisition resources, the Board determined it had a responsibility to its constituents to reduce the net cost of the purchase by selling off a small portion or by contribution by the Town of Woodside toward the overall purchase. Through discussions with the Town, an assessment district was identified as the potential means of this contribution. In a similar situation, the Brittan Heights neighborhood in San Carlos had voluntarily formed an assessment district to assist the District with the purchase of the Pulgas Ridge Open Space Preserve. At the time of the purchase, the property was zoned "Rural Residential" with a "Special Conservation Zone" overlay. The minimum lot size was 5 acres. Given the zoning, the property had a theoretical density of approximately 80 residential units, but given the site's constraints, a more realistic density was perhaps half that number, or 40 units. Preliminary development plans prepared in the 1980's showed access from Oakhill Drive, Summit Springs Road, and Pinto Way. Two surplus areas of 35 acres each had been identified by the District prior to purchase, off Summit Springs Road and Pinto Way. The surplus property areas and a preliminary development layout of 5 lots in each area was reviewed by the Town. In 1989 and 1990 Woodside updated its General Plan and reviewed its zoning ordinance for consistency. As a result, the Town Council changed the zoning on the designated surplus parcels to SCP-10, allowing maximum 10 acre residential lots, and determined that the General Plan category of Open Space allowed, and is consistent with, very low density residential development. In 1991 Woodside voters narrowly rejected an advisory vote on forming an assessment district to raise $2.5 million to buy the surplus property. The Council voted not to proceed with the assessment district. The District then returned to its original approach of selling the surplus property. A public auction of the surplus property was held in 1993, but produced no bids. Feedback from potential bidders indicated that uncertainty about parcel conformance and development feasibility, along with a depressed real estate market, were prime factors in the lack of interest. In 1994, the Board authorized District staff to retain Enshallah Developments, Inc., a consulting firm specializing in development approvals and sale of public surplus property. Enshallah's assignment was to help with the documentation required to show developability, and ultimately market the surplus property. The project team soon focused on a lot line adjustment as simplest process to use to demonstrate the developability of the surplus property. A lot line adjustment is based on existing legal parcels comprising an entire ownership. Recorded deeds show that the Teague Hill property includes numerous separate parcels. In November, 1995, Enshallah and District staff held an informational meeting with neighbors about the project. Later that month, the Board decided to proceed with more detailed engineering studies and plans for up to 4 lots at Pinto Way based on favorable civil engineering, geotechnical, and septic evaluations. Based on indications of potential geological constraints, the Board determined not to proceed with further studies or documentation on the Summit Springs parcel. As reflected in the state Subdivision Map Act and Woodside Municipal Code, a lot line adjustment submittal is a relatively simple document, requiring topographic survey, lot and building envelope layout, and approximate location of access roads. As part of the review process, an environmental document may be required. Lot line adjustments are reviewed at the Planning Commission level. After the lot line adjustment is approved, the District would sell the three lots as a package to a party who would be responsible for conducting more detailed testing and engineering of improvements. The improvements and houses would be subject to a site development review process, followed by a building permit process. In 1995, based on deed record documentation by the District, the Town issued conditional certificates of compliance confirming 7 existing legal parcels on Teague Hill. Also in 1995, consultants completed preliminary civil engineering, geotechnical studies, and septic tests on the Summit Springs and Pinto Way surplus parcels. Based on geologic constraints, the Board elected not to pursue further studies on the Summit Springs surplus property. In June, 1996, Enshallah and District staff presented the development concept to neighbors and went back to the Board for confirmation prior to proceeding. Following the June meeting, neighbors sent a letter to the Town Planning Director expressing a number of concerns about the proposal. At its August 14, 1996 regular meeting, the District Board directed staff to submit an application for a lot line adjustment to create three residential lots at Pinto Way, with associated budgets for planning and engineering (see report R-96-86). 2 Attachment 2 Pinto Way Surplus Property Planning Documentation and Approvals Teague Hill Open Space Preserve Cost Summary 1/27/99 Cost to date (planning, engineering, testing, and permits): $100,000 Projected addT FY 98/99 cost to complete lot line adjustment submittal ($50,000 FY total vs. $30,000 budgeted) $20,000 Projected addT costs FY 99/00 (permits, env. doc., represent and revise application) $80,000 Subtotal $200,000 Optional recommended services to facilitate property marketability (CC&Rs, water system design, S.D. design) $30,000 Grand total $230,000 Regional 4 c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-27 Meeting 99-05 February 10, 1999 AGENDA ITEM 4 _ AGENDA ITEM Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority P UIDENT'S RFC'OMMENDATION Approve my appointment of Directors Nitz, Siemens, and Crowder to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. DISCUSSION The Governing Board of the Midpeninsula Regional Open Space District Financing Authority consists of five members. The District's Board President is one member. Three members are to be members of the District's Board of Directors who are appointed by the Board President. The fifth member is the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the Open Space District and who is appointed to the Board of the Authority by the Chairman of the Board of Supervisors. Section 2.4 of Article II of the Authority's bylaws calls for the Treasurer of the District to be the Treasurer of the Authority. I recommend that you approve my appointment of Directors Nitz (Vice-President), Siemens (Treasurer), and Crowder to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. Prepared by: Deirdre Dolan, District Clerk Contact person: Same as above 3 10 Dktel C irde - f os Alto,,, CA 94022-1404 m Phone:(60 091-1 200 FAX: 0 i0-091 0485 - F-mail: mrosd (?open5pace.org Weh site: etiwut.open5pace.org � Homd of Oiw(tali:Pete 5ietnuwns,Mary C.Davev,led( vr, Deane Little. Nonette Hank,),Bckv Crowder, Kenneth C. Nit/ � G not,)l � � litto.n � n-r��l M ina,„c°r:l (i his{(;ritton Regional Open ice R-99-29 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-05 February 10, 1999 AGENDA ITEM: 5 AGENDA ITEM Approval of First Amendment to Communications Site Lease and Agreement with Sprint Spectrum to Accommodate an Agreement with CellularOne at the Same Location at Pulgas Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the Calleliomia Environmental Quality Act (CEQA) as set forth in this report. 2. Authorize the President of the Board of Directors to execute the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the telecommunications facility at Pulgas Ridge Open Space Preserve. 3. Authorize the President of the Board of Directors to execute a Communications Site Lease and Agreement with CellularOne for the telecommunications facility at Pulgas Ridge Open Space Preserve. DISCUSSION At your April 9, 1997 meeting, you adopted an amendment to the Pulgas Ridge Use and Management Plan (see reports R-97-38 and R-97-55). The amendment provided for the installation of a communications facility at an existing Pacific Gas and Electric Company (PG&E) transmission tower and approved entering into a lease agreement with Sprint Spectrum at Pulgas Ridge Open Space Preserve (see Exhibit A). The PG&E tower and lease area are situated at the southwest corner of the preserve adjacent to the CalTrans Park and Ride lot at Edgewood Road and Interstate 280 in unincorporated San Mateo County (see Exhibit B). The PG&E tower is not visible from the main part of the preserve where the public trail system is located. CellularOne contacted the District proposing the installation of a telecommunications facility at the same PG&E tower currently leased by Sprint. District staff requested that CellularOne contact Sprint about utilizing an unused portion of the Sprint lease area. Sprint and CellularOne agreed to a co-location provision allowing CellularOne to locate at the PG&E tower at Pulgas Ridge Open Space Preserve and Sprint to locate at a comparable site in Marin County. The proposed CellularOne facility would consist of three antennas on the existing PG&E tower and two equipment cabinets located at ground level below the tower. These improvements will 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org e Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton R-99-29 Page 2 be located within the existing Sprint lease area, inside the existing fence below the tower. The facility will be accessible from the CalTrans parking lot via an existing dirt and gravel access road. Sprint Lease Amendment The First Amendment to Communications Site Lease and Agreement with Sprint removes 60 square feet from the Sprint lease area with no reduction of rental income to the District. This area will provide for the proposed CellularOne lease area. The Amendment also provides Sprint with a right to reclaim the 60 square foot area if CellularOne abandons or vacates this site in the future. CellularOne Lease Agreement Terms and key provisions of the proposed Communications Site Lease and Agreement with CellularOne are as follows: 1) The initial annual rent will be $12,000, increasing 5% annually during the first five year term. The combined annual rental income from CellularOne and Sprint will total over $35,000. 2) There are options for four additional five-year terms consistent with California Public Resources Code 5563. 3) The Lessee is required to obtain all necessary government permits and approvals to construct and operate the communications facilities at this location. 4) The Lessee has a separate agreement with PG&E to install telecommunications facilities on the existing PG&E tower. 5) Any additional alterations or additions to the proposed communications facilities will require prior written approval by the District. 6) The Lessee will provide liability insurance for their operations on the property. 7) The Lessee is solely responsible for restoring the site to its previous condition if disturbed during installation, maintenance, or removal of the facilities. CAA Com Hance The project includes addition of an accessory structure (telecommunications antenna) to an existing facility (PG&E tower). The project is categorically exempt under sections 15301, and 15311 of the California Environmental Quality Act Guidelines. R-99-29 Page 3 Categorical Exemption 15301 - Existing Facilities The minor alteration of an existing public or private structure (addition of a telecommunications antenna to the existing PG&E tower) involves negligible expansion of use. Categorical Exemption 15311 - Accessory Structures Placement of the antenna is considered a minor structure accessory to an existing institutional facility. The Pulgas Ridge Use and Management Plan Amendment qualifies under both exemptions. RECOMMENDATION Staff supports the approval of the amendment to the Sprint I ease and the proposed CellularOne communications lease. The scenic aspects of this area are already compromised by the existing PG&E tower. Although visible from Interstate 280, the facilities are not visible from most of the public use areas of the preserve. This proposal provides the District with an opportunity to increase District rental revenue with a negligible visual impact to District land. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above I PULGAS RWGE OPEN SPAC' PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Map Legend u `— Gate#s401) 1.0 Trail Distance in Miles Creek t Roadside Parking Whole Access Trail / P011y�Geraci A� Dogs Ott leash :•1.0 �•(PROt) Please stay on trails. Permitted Here .��.,• Lands adjacent to road are �`. not open to the public. p ~----. 0.2`� �`�• Co Dogs on Leash Permitted on Preserve HasslerTrail� Water Tank (PR02) ♦` Hassler Loop Trail0.3 \\'�•• Off-leash Dog- t`t Other Public Lands �` .., 0.4 Redw boo 0.4 ♦w © Blue 1. _ • Center Oak ;(Pnv t �•• Trail ■ No Public Entry \\ l,. • " ' Priwte or Leased Land aa•.: 0 .. 400 Cordilleras Cea�OCa Center Sl 60" 0.4 '•���-� Trail Use . ........... 0.6 ®h Hiking Only 280 % 1 �+. aOO /�� ��` Hiking,Bicycling SITE 0.3 Equestrian,Hiking - - � 1 �•.� •-,., LOCATION . '�.� .� • EDGEWOOD COUNTY PARK _ �.,�.�•�,0.3 .,(SanMateo County) 0.4 02 .11nzM6 EXHIBIT A file created 2/19/97 0.(I .1 .2 .3 .4 .5 .6 .7 Al .9 1.0 One Mile EXHIBIT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE DISTRICT LAND :`, �•� EXISTING PG&E TOWER ACCESS ROAD CALTRANS � ) PARK & RIDE QQO O O oc� y �'�0 (• SCALE: 1" = 120' COMMUNICATIONS SITE LEASE AND AGREEMENT THIS LEASE is made and entered into this Wh day of February, 1999 by and between Midpeninsula Regional Open Space District, a California public district, hereinafter called "District," and Bay Area Cellular Telephone Company, a California General Partnership, doing business as CellularOne, hereinafter called "Lessee". RECITALS A. District is the owner of that certain real property which includes an existing PG&E High Voltage Tower located in the County of San Mateo, State of California, also known as Assessor's Parcel Number 050-470-080 which is part of District's Pulgas Ridge Open Space Preserve, as shown on Exhibit attached hereto and incorporated herein by this reference (the "District Land"). B. District currently leases a portion this location to Sprint Spectrum,L. P. C. Lessee plans to install at the existing PG&E Tower location on a portion of District Land, a Cellular Communications Site ("Cell Site") and related equipment, transmission lines, equipment cabinets, cable runs and utility lines (the "Improvements") pursuant to the terms and conditions hereof. D. Lessee has a separate License Agreement with PG&E to install antennas and related cables on the PG&E Tower location, which antennas will be connected to the equipment cabinets located on District Land, as shown on Exhibit B attached hereto and incorporated by this reference, and a Utility Sharing and Access License Agreement with Sprint Spectrum, L.P. ("Sprint"), pursuant to which CellularOne has certain rights with regard to sharing Sprints telco and utility conduits. 1. Premises. District owns the real property as shown on Exhibit"A"which includes the existing PG&E Tower. Subject to the following terms and conditions,District leases to Lessee that portion of District's Land consisting of approximately 60 square feet adjacent to where the PG&E Tower is located, including any applicable easements for access and utilities, as shown on Exhibit B (the"Premises"). District and Lessee hereby agree that the Premises may be surveyed by a licensed surveyor at the sole cost of Lessee, and such survey shall then supplement Exhibit B, and become part hereof and shall control to describe the Premises in the event of any discrepancy between such survey and the description of the boundary of the Premises contained herein. 2. Commencement of Lease. (a) This Lease, and Lessee's obligations hereunder are expressly conditioned upon, and subject to, Lessee obtaining the necessary permits, including but not limited to Use Page 1 and Building Permits, from the appropriate government agencies, on terms and conditions acceptable to Lessee, to build and operate the"Improvements" provided for in paragraph 8 hereof. (b) The "Commencement Date" of this Lease shall be the earlier to occur of the first day following issuance of a valid Building Permit for construction of the Improvements and operation of the Cell Site issued by the appropriate government agencies or that date that is 60 days from the date of execution of this Lease whichever occurs first. Lessee shall be permitted to commence installation of the Improvements upon the Commencement Date. In no event shall the Commencement Date be later than 60 days from the execution of this Lease, or this Lease shall terminate. 3. Use. The Premises may be used for the purposes of installing, replacing, removing, operating and maintaining equipment for transmission and reception of electromagnetic and other communications signals, and for all lawful uses incidental thereto, and for no other purpose without District's prior written consent. District agrees to the extent allowed by law, at no expense to District, to cooperate with Lessee in making application of and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's permitted use of the Premises. Lessee shall use the Premises in accordance with any statute, ordinance, rule, regulation, or other statement of lawful governmental authority with jurisdiction over the Premises and Lessee's use thereof now in force or which may hereafter be promulgated (collectively"Regulations"), and shall at its own expense abide by and comply with any and all such Regulations regulating Lessee's use of the Premises. Such Regulations shall be deemed to include the"Regulations for Use of Miidpeninsula Regional Open Space District Land" and Item No. 3 of the Midpeninsula Regional Open Space District Basic Policy, both of which are attached hereto as Exhibit C and incorporated herein by this reference. 4. Conditions Precedent.Performance by Lessee under this Lease shall be conditioned upon execution of this Lease by Lessee's authorized representative and approval and issuance of all necessary governmental approvals and permits to enable Lessee to construct and operate mobile/wireless communications facilities on the Premises. 5. Term. (a) The term of this Lease shall commence as of the Commencement Date as defined in paragraph 2 hereinabove, and shall expire five (5)years thereafter, unless sooner terminated in accordance with the provisions hereof, or unless extended pursuant to any right to extend the Lease term expressly granted herein. (Option to Extend Term as further described in paragraph 23.) (b) Lessee acknowledges that California Public Resources Code Section 5563 provides in part that: "When land or property is temporarily unnecessary for park or open space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express Page 2 provision in the lease that should the board by ordinance determine to use the lands for park, open space, or other District purposes, the lease shall thereby be terminated." Accordingly, notwithstanding anything to the contrary herein contained, District shall be entitled to terminate this Lease, at any time during the term hereof, pursuant to the procedure required under said Section 5563, provided only that District delivers to Lessee(i) thirty(30) days prior written notice of any hearing or meeting to consider or adopt a resolution or ordinance affecting or terminating this Lease, and (ii)written notice of such termination at least twelve(12)months prior to the date on which such termination shall become effective. (c) During each five(5)year Renewal Term, Rent shall be increased annually by a minimum of four percent (4%) or the increase in the Consumer Price Index(CPI)for the San Francisco-Oakland metropolitan area, whichever is greater, in accordance with paragraph 23 below. This increase will be allocated annually during each Renewal Term. 6. Rent. Upon the Commencement Date,Lessee shall pay District rent annually and on each anniversary of the Commencement Date. The annual rent shall be Twelve Thousand Dollars($12,000.00). The rent shall be increased by five percent(5%) annually during the initial five year term, or as follows: First year of the Lease $12,000 annual In the second year of the Lease $12,600 annual In the third year of the Lease $13,230 annual In the fourth year of the Lease $13,892 annual In the fifth year of the Lease $14,586 annual All rent payable by Lessee under this Lease shall be payable without notice or demand, and without any deduction, offset or abatement, in lawful money of the United States of America to District at the address stated in paragraph 24 to such other persons or at such other places as District may from time to time designate in writing. 7. Taxes. Lessee shall pay any and all possessory taxes levied against the Premises and/or the Improvements Lessee constructs during the Lease term. Lessee shall pay such taxes at least ten(10) days prior to delinquency thereof and on request shall promptly deliver to District written receipts or other reasonable evidence of the payment thereof. 8. Improvements. (a) Lessee shall install, maintain and operate on the Premises the following improvements ("Improvements"): two equipment cabinets, a cable tray and a concrete slab and cabling to connect the equipment cabinets with CellularOne's antennas located on the PG&E tower, all as more particularly shown on Exhibit B. (b) Title to the Improvements. Title to all Improvements and/or Alterations constructed by or for Lessee shall be vested in and remain the personal property of Lessee and may be removed at any time by Lessee. Upon written request from Lessee,District shall, at no cost to District, execute and deliver any commercially reasonable instrument that may be Page 3 required by any equipment supplier, vendor, lessor and/or lender whereby District waives and/or releases any rights it may have or acquire with respect to any of Lessee's Improvements and/or Alterations and agrees that the same do not constitute realty. 9. PG&E Easement. Lessee will be attaching its antennas to a tower owned and controlled by Pacific Gas and Electric Company, a California corporation("PG&E") and located on District Land, as shown on Exhibit B hereto. PG&E is entitled to place its towers and associated equipment on District Land pursuant to a right of way and easement agreement(the "PG&E Easement"). District hereby consents to Lessee's use of PG&E's tower and easement area pursuant to the PG&E License. To the extent the PG&E Easement does not permit PG&E to license, lease or grant Lessee the right to place its antennas and associated cables and equipment on the tower and easement area,District agrees to execute a recordable modification/amendment to the PG&E Easement in commercially reasonable form and content to expressly permit Lessee's intended use on PG&E's easement area and tower located thereon. Regardless of whether such modification/amendment is executed,District represents, warrants and agrees that it shall not in any manner allege, assert or claim(against PG&E, Lessee or any other parry)that Lessee's use of PG&E's tower or easement area as contemplated by this Lease or CellularOne's License with PG&E is in violation of or exceeds the permitted scope or use of or under the PG&E Easement. 10. Access to Premises. (a) Lessee shall have the right at any time following the full execution of this Lease to enter the Premises for the purpose of installing the Improvements indicated in paragraph 8 above. (b) Lessee shall have the sole responsibility to obtain access or easement rights to use the "Access Road" from the CalTrans "Park and Ride" parking lot which is adjacent to Edgewood Road and Highway 280 as shown on Exhibit A attached hereto and incorporated herein by this reference. (c) Lessee shall maintain jointly with Sprint the Access Road from the public "Park and Ride" lot to the Premises in a manner sufficient to allow access by vehicle. Lessee shall reimburse Sprint for Lessee's proportionate share of the costs of maintaining and repairing said Access Road, as provided in the Utility Sharing and Access License Agreement. (d) Lessee shall fully and promptly pay the utility service provider for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities. (e) Lessee shall, at Lessee's sole cost and expense, repair all damage to the Access Road, as well as all damage to improvements within or adjacent to the Access Road designed to protect the surface of the Access Road such as water drains, berms, or culverts, to the extent caused by use of the Access Road by Lessee or its agents, employees, or contractors. Page 4 Lessee shall be liable for any damage to the Access Road and its immediate surroundings to the extent arising from its use thereof, or its repair or failure to repair the same as hereinabove required. (f) Following the Commencement Date, Lessee shall be entitled to commence and complete construction of the Improvements on the Premises in accordance with the Plans attached hereto as Exhibit B, which Plans are hereby approved by District. 11. Maintenance and Repair. Lessee acknowledges that it has inspected the Premises, and Lessee accepts the Premises "as is" in the condition existing as of the Commencement Date. Lessee shall, at Lessee's expense, maintain the Premises in good, safe and sanitary condition, order and repair, and shall keep the Premises free from trash and other debris. Lessee shall promptly remove from the Premises any vehicles, machinery, equipment or other items which Lessee from time to time no longer uses in the conduct of its business on the Premises. 12. Alterations. (a) Except for the permitted Improvements specified in paragraph 8,Lessee shall not make or permit to be made any alterations, additions or improvements ("Alterations") to, or of, the Premises or any part thereof without the prior written consent of District. (b) Except for the permitted Improvements specified in paragraph 8, District shall be entitled to review and accept or reject the design of Alterations which Lessee may desire to make to the Premises. Prior to commencing construction or installation of any alteration the design of which District determines is acceptable,Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto. (c) Any consent given by District pursuant to this paragraph 12 shall not constitute implied consent to any subsequent alteration upon or to the Premises, except for Permitted Alterations, but shall apply only to those items or matters for which consent was expressly requested. (d) Lessee shall notify District at least ten(10) days in advance of any construction on the Premises, and District shall be entitled to post on the Premises notices of non-responsibility in favor of District prior to Commencement of any such construction. (e) Notwithstanding subsection(a) and (b) above, Lessee shall have the right to make Alterations to, or of, the Improvements without securing District's prior approval provided that such Alterations or modifications either substantially conform to, or are smaller than, the physical specifications(i.e. height, width, depth and size) of Improvements previously approved by District, and do not extend beyond the boundary of the leased Premises. Page 5 13. Interference with Communications and Indemnification of Interference Claims. (a) Lessee's facilities shall not disturb the communications configurations, equipment and frequency which exist on District Land on the Commencement Date, and Lessee's facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). Lessee shall not permit the modification or improvements of existing, or installation of any new, equipment on the Property which results in technical interference with existing equipment and Improvements, or any such facilities which are currently permitted to be installed pursuant to that Lease dated April 9, 1997 executed between District and Sprint Spectrum L.P. Lessee agrees to indemnify District, hold District harmless and defend District from and against any and all claims, demands, or actions arising from claims of other Lessees of District which exist and are in operation on the Commencement Date of frequency interference caused by Lessee, provided said other lessees are operating within their assigned frequencies and in accordance with FCC Rules andRegulations. The parties acknowledge that the FCC has exclusive jurisdiction over disputes regarding frequency interference. (b) District shall not permit the modification or improvements of existing, or installation of any new, equipment on the Property which results in technical interference with Lessee's then existing communications equipment and Improvements. In any future lease, license or other grant of permission to use District's Land, District shall require said user to expressly agree for the benefit of Lessee, to not install or operate any equipment which would cause technical interference to Lessee's then existing communications facilities located on the Premises. 14. Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 15. Waiver of Claims and Indemnification. Lessee waives all claims against District for loss of business or for damage to property, including the improvements and any alterations thereto and any equipment or machinery therein, or injury or death to persons occurring in, on, or about the Premises, or the Access Area, from any cause arising at any time, except as may be caused by the negligence or willful misconduct of District. Lessee, on behalf of itself and its agents and employees, hereby indemnifies District and holds District exempt and harmless from and against any damage to property or injury or death to persons arising from the use by Lessee or its agents and employees of the Premises, or the Access Area, or from the failure of Lessee to keep the Premises, or the Access Area in good and safe condition as herein provided. District shall not be liable to Lessee or its agents and employees for any damage, injury, or death arising out of the act or negligence of any owner, occupant, or user of any property adjacent to or in the vicinity of the Premises and not owned by District. Lessee shall pay for all damage to the Premises and surrounding areas caused by Lessee's agents and employees, invitees, licensees, agents, contractors, and employees. Page 6 16. Condemnation. If a condemning authority takes all of District's Land, or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated as a taking by a condemning authority. 17. Insurance. (a) Lessee shall maintain the following insurance: (1) Commercial General Liability with limits of$5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of$1,000,000.00 per accident, (3)Workers Compensation as required by law, and (4)Employer's Liability with limits of$1,000,000.00 per occurrence. Lessee shall name District as an additional insured with respect to the above Commercial General Liability and Automobile insurance. (b) Policies of Insurance. All required insurance policies must be taken out with reputable national insurers that are licensed to do business in California. Lessee will deliver certificates of insurance to District upon request. All policies must contain an undertaking by the insurers to notify District in writing not less than fifteen(15) days before any material change, reduction in coverage, cancellation, or termination of the insurance. The limits of said insurance shall in no event be deemed to limit the liability of Lessee hereunder. (c) District shall have no obligation to insure against loss to Lessee's leasehold improvements, fixtures, machinery, equipment, or other personal property in or about the Premises occurring from any cause whatsoever, and Lessee shall have no interest in the proceeds of any insurance carried by District. 18. Assignment and Subleasing. Lessee may not assign or sublease, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of District, such consent not to be unreasonably withheld; provided, however, that Lessee may assign its interest without Districts prior consent, to Lessee's parent company, any subsidiary or affiliate of Lessee, any partner of Lessee or any partnership in which Lessee is a general partner, any entity resulting from a merger or consolidation with Lessee, or to any successor-in-interest or entity acquiring fifty-one percent (51%) or more of its stock or assets. 19. Entry by District. District shall, at any and all reasonable times and upon 24 hours written notice to Lessee, have the right to enter onto the Premises to inspect the same, to exhibit the Premises to prospective purchasers or Lessees, to post notices of non-responsibility, all without abatement of rent payable by Lessee hereunder. Lessee hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. Notwithstanding the foregoing, District shall not access, disturb or open any of Lessee's Page 7 equipment or Improvements located on the Premises, except in the case of an emergency situation which poses a substantial immediate threat of injury to persons or damage to Property, District shall give Lessee as much prior notice as is reasonably possible under the circumstances prior to such emergency access. 20. Termination. This Lease may be terminated without further liability on thirty (30) days' prior written notice as follows: (i)by either party upon default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty(60) days of receipt of written notice of default, or, in the event of a default that requires in excess of sixty (60) days to complete, if the curing party has not commenced such cure within sixty (60) days of such notice and has not diligently prosecuted its said cure to completion within 180 days of receipt of written notice of default; (ii)by Lessee for any reason or for no reason, provided Lessee delivers written notice to termination to District prior to the Commencement Date; (iii) by Lessee if it does not obtain or maintain, licenses, permits or other approvals necessary to the construction or operation of Lessee's Facilities; or(iv)by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including but not limited to, a take back of channels or change in frequencies; or(v)by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength or interference. 21. Waiver. The waiver by either party of an breach of any term, covenant, or condition herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by District shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted. 22. Surrender of Premises. (a) At the expiration or sooner termination of this Lease, Lessee shall be entitled, without obtaining District's prior consent, to remove all Improvements, fixtures, equipment, furnishings and furniture, regardless of whether such items are affixed to the Premises, provided any damage to the Premises occasioned thereby is promptly repaired by Lessee at Lessee's sole cost and expense(unless District expressly waives the need for such repairs). (b) Lessee hereby specifically waives any rights to, and releases District from, any and all claims for relocation benefits and/or relocation payments to which Lessee might otherwise be entitled pursuant to California Government Code Section 7260 et sec., and any similar or successor federal or state statutes. Lessee shall hold District harmless from, and indemnify District against, any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. Page 8 (c) Lessee shall have sole responsibility to restore any area adversely impacted by Lessee's use thereof to its previous condition immediately prior to Lessee's use thereof, including the restoration of native plantings and vegetation which existed prior to the installation, maintenance, operation or removal of the Improvements. 23. Oration to Extend Term. (a) District hereby grants to Lessee an option to extend the term of this Lease for an additional period of five(5)years upon expiration of the initial five-year term of this Lease, and three(3) additional options each to extend the term of this Lease for one additional period of five(5)years upon expiration of the immediately preceding five(5)year period, so that the maximum term of this Lease, including the initial five years of this Lease, shall be a total of twenty-five(25)years. Each of said four(4) options to extend the term for an additional five- year period shall be exercised by Lessee, if at all, by Lessee's delivery of notice of exercise of such option to District at least three(3)months, but not more than nine(9) months, prior to expiration of the Lease term(as extended, if at all, from time to time). Each of said five-year extension periods shall be on all the provisions contained in this Lease, except for the rent, which shall be adjusted as provided in paragraph 23(b)below. Notwithstanding the foregoing, if Lessee is in material default hereunder on the date of delivery of any option notice required to be given in order to exercise an option, said option notice shall be totally ineffective, or if Lessee is in material default on the date the extended term referred to in any such option notice is to commence, such extended term shall not commence and this Lease shall expire at the end of the term during which such option notice is given. Lessee shall not be entitled to exercise any of the options to extend following the first option to extend unless each and all of the preceding options to extend have been properly exercised in accordance with the provisions of this paragraph 23(a). In the event the term of this Lease shall for any reason expire or terminate, all options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall thereafter be of no further force or effect. After Lessee's exercise of any one or more of said options to extend, all references in this Lease to the term shall be considered to mean the term as extended, and all references to expiration or termination of the term of this Lease shall be considered to mean the expiration or termination of the term as extended. For purposes of this Paragraph 23(a)a material default shall mean a default that has not been cured within the cure periods provided for in Paragraph 20, above. (b) Upon exercise by Lessee of any of the four(4) options to extend the Lease term for a period of five(5)years granted pursuant to paragraph 23(a) above, the parties shall have sixty (60) days after District receives the option notice exercising said option during which to agree upon the amount of Fixed Minimum Rent to be payable upon commencement of the extended term referred to in said notice. If the parties agree upon the amount of Fixed Minimum Rent for the first year of said extended term, they shall immediately thereafter execute an amendment to this lease stating the amount thereof. If the parties are unable for any reason to agree upon the amount of such Fixed Minimum Rent within said sixty(60) day period, the Fixed Page 9 Minimum Rent shall be determined by arbitration: the Lessee shall select an Arbitrator and shall communicate the name of the Arbitrator to District;District shall have ten(10) days to select an Arbitrator and communicate the name of the same to the Lessee;the two Arbitrators so selected shall select a third Arbitrator and all arbitration shall be completed prior to the expiration date of the term hereof, a decision of the majority of the Arbitrators shall be binding on both parties; the costs of arbitration shall be borne by the Lessee and such arbitration shall be conducted in accordance with the Rules of the American Arbitration Association. 24. Notices. All notices, statements, demands, requests, approvals, or consents (collectively"notices")given hereunder by either party to the other shall be made in writing and shall be served personally or by first class mail, certified or return receipt requested, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: Michael C. Williams, Real Property Representative (650) 691-1200 - TEL (650) 691-0485 -FAX Lessee: CellularOne 651 Gateway Blvd. South San Francisco, CA 94080 Attn: Director, Systems Development (650) 871-9500 - TEL (650) 266-6328 FAX Copy to: Paul B. Albritton, Esq. MacKenzie&Albritton One Post Street, Suite 500 San Francisco, CA 94104 (415)2884000 -TEL (415) 288-4010 FAX or to such other address as either party may have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three (3) days after the date posted. 25. Attorney sy Fees. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of or to enforce or interpret any of the provisions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party reasonable attorneys'fees, the amount of which shall be fixed by the court and shall be made a part of any judgment rendered. Page 10 26. General. (a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Lessee, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Lease or their respective successors in interest. (b) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, successors, executors, administrators, sublessees, and assigns of the parties. (c) When the context of this Lease requires, the masculine gender includes the feminine, a corporation, or a partnership, and the singular number includes the plural. (d) The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. (e) This Lease shall be governed and construed in accordance with the laws of the State of California. (f) Time is of the essence as to all of the provisions of this Lease as to which time of performance is a factor. (g) All persons who have signed this Lease shall be jointly and severally liable hereunder. (h) If requested by Lessee, District will execute a recordable memorandum of this Lease. 27. Warranties and Covenants of District. District warrants and covenants to Lessee that District is the owner and/or has legal right to possession of District Land and the Premises and the power and the right to enter into this Lease, and that Lessee, upon the faithful performance of the terms, conditions and obligations of Lessee contained in this Lease, shall peaceable and quietly hold and enjoy the Premises and Access Area upon the terms, covenants and conditions set forth in this Lease throughout the term of this Lease and any extensions thereof. Page 11 4 MIDPENINSULA REGIONAL OPEN BAY AREA CELLULAR TELEPHO NE SPACE DISTRICT, a California Public COMPANY, a California general partnership district doing business as CellularOne Accepted for Recommendation: By: CMT Partners, a Delaware general partnership Its: General partner Michael C. Williams Real Property Representative By: Its: Recommended for Approval: Date: L. Craig Britton General Manager Approved and Accepted: President, Board of Directors Date: Attest: District Clerk Date: Approved as to Form: Susan M. Schectman District Counsel Date: Page 12 40 EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE DISTRICT LAND EXISTING PG&E TOWER 1•' ACCESS ROAD CALTRANS PARK & RIDE SCALE: 1" = 120' EXHIBIT A ` PREMISESPROPOSM i �C�(��t[��j�}i(j E ANTENIlA tLh)Ulrl► T§ snewr town+ m �m.Aoosm + swt era W ~ vaa coMrR(cosrA a�w. nuwrt a eaS� ° nrarc pu eo*-nm PROPOSED CELIUI.Vt -- rAx:(en)vs-u,. ONE Eq,W11ElJT AREA "' . PROPOSED CELL"ONE /�• ANTENNA tfLrn 1tc � a.. tlon Dot. _ �r"°Ow.rDKto arp �o YofC ATIAw APata aar..nc a+oaeurt m meoe[R av ry nrn mrwat nc s'tnrr�nas m POW p naAea-;armnAa.vo F.. ersrAu sear•Aroao PROPOSED EQUIPMENT ELEVATION RtwK A o r vh.I..w,tq PROPOSED w crm s - .narao nrAic rwca.r eme-� ^ nvn w N sww CELL"ONE -7- WI IR 1LYL (_ ernnr W,FAo ew[ ANTENNA � �eta rer rrt se.. '. 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AN CA p� fXISTMG PG6£10.[M yr PROPOSED 5'CELLULAR ONE ANTENNA PROPOSED 6'CELLULAR ONE ANTENNA �6 EXISTING SPRINT ANTENNAS E>aS1ING PG£TDREn PROPOSED CELLULAR o4 ANTENNAS •I Iy( `EASNNG SPRNNENT ANTENNAS EnSTING SPRINT GPS S gAR O PR O� AR NEN ONE PROPOSED CELLULAR ll- BONE EOUIPUIENT yI YC (KHM FENCE) (MIND FENCE) F � i ELEVATION UEE.,.DOD FGUD -tr t � EI Roao FENCED VIEWS IOTTOrA EWPUENT AREA UNOOI FORM W �r tiQ7 8 11 I i I Imp IE� I _ —� I— _ RAe �—,, — I I TLI IN I I 11-j II--III—ill�il r II CD AS A_I] ca s n�9 „ (_ a NORTHEAST ELEVATION SOUTHWEST ELEVATION As No)ED SCALE F/16-.1' SCAT: 1/16- 1' ' l66tAlC.ORC EXHIBIT C REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS (Adopted by Ordinance No. 93-1, July 28, 1993) CHAPTER I. DEFINITIONS SECTION 100. 1Tl The following regulations shall be known as "Regulations for Use of Midpeninsula Regional Open Space District Lands" and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT. DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Open Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space District. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of Midpeninsula Regional Open Space District. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula Regional Open Space District. Exhibit C Page 1 of 16 SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the State of California and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. Exhibit C Page 2 of 16 46 CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION. Any violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560.) SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. Exhibit C Page 3 of 16 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenil . No juvenile shall camp on any District Lands, except when: (a) accompanied by a parent or guardian; (b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; (c) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS. TRAPS, WEAPONS, AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or Exhibit C Page 4 of 16 axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: (a) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; (b) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; (c) the possession arid use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. Exhibit C Page 5 of 16 SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: (a) is advertised or noticed in any publication, poster, or flyer; or (b) requests or requires a fee be paid for participation; or (c) may be attended by twenty (20) or more people. Exhibit C Page 6 of 16 SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Firew ram. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 elf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410 ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area that has been declared by the general manager or an authorized representative to be a prohibited area. SECTION 411, SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. Exhibit C Page 7 of 16 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDING/HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. Exhibit C Page 8 of 16 SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell-approved helmet for head protection, with the exception of the trails open to bicycles east of Deer Hollow Farm at Rancho San Antonio Open Space Preserve. 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Prop . No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Prop. M Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, without the written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: Exhibit C Page 9 of 16 (a) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof; (b) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or hunting on such lands; or (c) remove, injure, unlock, or tamper with any lock or any gate on or leading into such lands; or (d) discharge any firearm. CHAPTER VI. PRESERVE USES - COMMERCIAL/REVENUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk„ or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. Exhibit C Page 10 of 16 4 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: a) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; b) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Dog, . No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. Exhibit C Page 11 of 16 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.4 Archeological Features. No person shall damage, injure, take, collect, .remove, or attempt to damage, injure, take collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. Exhibit C Page 12 of 16 SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands, It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. Exhibit C Page 13 of 16 SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: a) In areas where prohibited by "NO PARKING" signs; b) On any fire trail; c) On any equestrian or hiking trail d) In such a place or manner as would block or obstruct any gate, entrance, or exit; e) In such a place or manner as to take up more than one marked parking space in any authorized parking area; f) In such a place or manner as to block or obstruct the free flow of traffic; g) Within 15 feet of a fire hydrant; h) Adjacent to any curb painted red; i) On any district Lands after sundown except pursuant to a written permit; j) In areas signed for permit parking on District Lands without a written permit; k) In any other place on District Lands not designated by the District as an authorized areas. SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt-bikes," and similar vehicles. 802.2 Emotions. This section shall not apply to: a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 Gen r . No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property or wildlife. Exhibit C Page 14of16 SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager ro an authorized agent. 805.2 After Hours Use. No person shall enter or remain on District Land "after hours" without a written permit issued by the District. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. Exhibit C Page 15 of 16 EXHIBIT C BASIC POLICY 3. Inter-Agency Relationships: The District works with and encourages private and other public agencies to preserve, maintain, and enhance open space. Policies Cooperation a. The District cooperates with and encourages cooperation between governmental agencies, community organizations, and individuals to preserve open space." The District works cooperatively with other governmental agencies and community organizations to facilitate development and management of recreation facilities and of public use. The District ensures that such development is consistent with protection of important natural values of the open space. Participation b. The District participates in the public review processes of land use plans of other agencies and development proposals that affect the District's mission. Joint Projects c. The District explores and engages in joint projects to maximize the opportunities for preservation of open space. Examples include interagency land management agreements,joint planning or research studies, and joint acquisition, improvement, or resource management projects. Research d. The District supports the development of scientific knowledge about natural and cultural resources and management techniques through cooperative arrangements with educational and scientific institutions, and by supporting research on which to base its management and improvement decisions. Such studies shall not unreasonably restrict public access or significantly impact the environment. Advocacy e. In order to better plan, acquire and operate a regional greenbelt of open space preserves and trails, and to further cooperate in this effort with other jurisdictions, the District may encourage and advocate preservation of open space by other governmental agencies. The District may support and encourage community groups, non-profits, and other conservation oriented groups in their efforts to urge other agencies to take actions which will help accomplish the purposes and goals of the District. Exhibit C Page 16 of 16 FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AND AGREEMENT This First Amendment to Communications Site Lease and Agreement (the "Amendment" ) is made and entered into this 10'-h day of February, 1999, by and between Midpeninsula Regional Open Space District, a Public District, hereinafter called "District" and Sprint Spectrum L. P. , a Delaware limited partnership, hereinafter called "Lessee" . RECITALS A. District is the owner of that certain real property located in the County of San Mateo, State of California, also known as Assessor' s Parcel Number 050-470-080 which is a part of the District ' s Pulgas Ridge Open Space Preserve (the "District Land" ) . District and Lessee entered into a Communications Site Lease and Agreement approved by District on April 9, 1997 (the "Lease" ) whereby District leased to Lessee a portion of the District Land consisting of approximately two hundred seventy (270) square feet of land (the "Premises" ) , as more particularly described in the Lease. B. Bay Area Cellular Telephone Company, a California general partnership doing business as CellularOne ( "CellularOne" ) has requested the District lease CellularOne a portion of real property on District Land. District would like to realize potential revenue that could be created from the location of an additional communications carrier on District Land; however, does not want additional communications carriers located on District Land outside of Lessee ' s existing Premises . C. In order to facilitate CellularOne locating a communications facility on District Land, District and CellularOne have requested that Lessee release a portion of Lessee' s Premises back to District for the purpose of permitting the District to lease to CellularOne that specific portion of FS-09-XC-320 First Amendment 3 February 3 , 1999 1 Lessee' s Premises so released. Lessee is agreeable to releasing a portion of its Premises for the sole purpose of permitting the District to lease that portion to CellularOne, all pursuant to the terms and conditions contained in this Amendment . NOW, THEREFORE, for valuable consideration, the sufficiency and receipt of which is hereby acknowledged, District and Lessee agree as follows : 1 . Premises . A legal description of Lessee ' s existing Premises is attached hereto as Exhibit A. District and Lessee hereby agree that a portion of the Premises measuring six (6) feet by ten (10) feet in the location shown on Exhibit B attached hereto and incorporated herein by this reference (hereinafter, the "CellularOne Space" ) , shall be removed from the definition of the Premises under the Lease. District and Lessee agree that the six (6) foot dimension of the CellularOne Space is measured from the fence that is currently existing at the Premises. Upon full execution of this Amendment by both parties, all references to the Premises in the Lease shall be deemed to exclude the CellularOne Space, and Lessee shall be fully and completely released from any and all obligations and liabilities arising out of or in any manner related to the CellularOne Space. Lessee shall have no responsibility for any loss, cost, damage or injury, of any kind or nature, that arises out of or in any manner relates to the CellularOne Space or the use or occupancy of the CellularOne Space and/or District Land by CellularOne, its agents, employees, contractors or invitees, and District specifically waives all claims against Lessee for the same. 2 . Reversion; Ricfht of First Refusal . In the event the lease between District and CellularOne (or CellularOne ' s permitted assignees or sublessees) expires or is terminated, or CellularOne (or CellularOne ' s permitted assignees or sublessees) otherwise abandons or vacates its communications facility, Lessee, at its sole option, shall have the right to reclaim the CellularOne Space as a part of its Premises under the Lease, at no additional cost to Lessee beyond Rent payable under Section 6 of the Lease. In addition, District agrees that it will not FS-09-XC-320 First Amendment 3 February 3, 1999 2 4 enter into any future leases, licenses or other permits to use any portion of the Premises for any type of communications facility without first offering to Lessee, at no cost to Lessee, additional space (six feet by ten feet in size, or greater) adjacent to Lessee ' s Premises to accommodate expansion of Lessee ' s then existing communications facility, provided that Lessee shall be entitled to a maximum of five (5) equipment cabinets located on the entire Premises as provided under Section 8 (c) of the Lease. 3 . Improvements . District acknowledges and agrees that under Section 8 (a) of the Lease, Lessee is entitled to install up to five (5) equipment cabinets located in the Premises, and that Lessee has not installed all such cabinets as of the date of this Amendment. District acknowledges and agrees that Lessee shall be entitled to install such equipment cabinets upon the Premises at a later time during the term of the Lease, notwithstanding the release of the CellularOne Space . Specifically, District acknowledges and approves of the installation of one additional cabinet by Lessee as shown in Exhibit C. 4 . Interference. District acknowledges Section 13 of the Lease which states : "District shall not permit the modification or improvements of existing, or installation of any new, equipment on the Property which results in technical interference with Lessee ' s then existing PCS equipment and Improvements. In any future lease, license or any other grant of permission to use District ' s Land, District shall require said user to expressly agree for the benefit of Lessee, to not install or operate any equipment which would cause technical interference to Lessee' s than existing communications facility located on the Premises. . . " . By entering into this Amendment, Lessee is in no manner waiving any of the foregoing provisions of its Lease. Further, Lessee ' s "existing PCS equipment and Improvements" shall be deemed to include all of Lessee ' s equipment currently existing FS-09-XC-320 First Amendment 3 February 3 , 1999 3 WO and installed on District Land and the additional equipment cabinet shown in Exhibit C. 5 . Access Road. Section 10 (c) of the Lease is hereby amended to provide that Lessee shall only be responsible for an equal pro-rata share of the repair and maintenance of the access road, based on the number of lessees, licensees or permittees of the District using the access road to access their respective telecommunications facilities . 6 . For Benefit of CellularOne Only. District acknowledges and agrees that Lessee is entering into this Amendment solely to accommodate District entering into a lease with CellularOne and no other party. In the event District and CellularOne do not enter into a lease, the CellularOne Space shall revert back to Lessee and be deemed a part of its Premises under the Lease by December 31, 1999 . 7 . Miscellaneous . Except as specifically set forth herein, all other terms and conditions of the Lease shall remain unchanged and in full force and effect . This Amendment is entered into as of the date set forth above. SIGNATURE PAGE FOLLOWS FS-09-XC-320 First Amendment 3 February 3 , 1999 4 t DISTRICT: Midpeninsula Regional Open LESSEE: Sprint Spectrum L. P. , Space District, a public district a Delaware limited partnership Accepted for Recommendation: 7B � Michael Todd Its : Regional Director of Site Michael C. Williams Development - West Real Property Representative Reco de for Approval : L. Craig Britton General Manager Approved and Accepted: President, Board of Directors Date: Attest : District Clerk Date: Approved as to Form: Sue Schectman, District Counsel Date: FS-09-XC-320 First Amendment 3 February 3 , 1999 5 4 • EXHIBIT A TO FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT ORIGINAL SPRINT PREMISES vJ 5 FS-09-XC-320 First Amendment 3 February 3 , 1999 6 District ' s Initials Lessee ' s Initials FS-09-XC-320 First Amendment 3 February 3 , 1999 7 EXHIBIT B TO FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT PORTION OF PREMISES RELEASED FROM LEASE THE "CELLULARONE PREMISES" rig I j CUT AND R010W 41ErAL SK10 SPRAT EOUPYENT(E) \`.' C ANC wrH PROOOSED PROPOSED CELLULAR rawar LEG(EJ � Po■ER` ,4=.\ ONE EQUFWNT AREA ` C \� ••� �AGC,4 � a.ervc LEG COYCRE7E SLAB (E) EWT(E) EM.ARX CCINDW;r SW AND < . NSTAII 50'r 30'APOUO WOOD FVXE(E) \. �P �� EWPLINT ENCLOSURE / RE310W AND RECONSIRUCr ` PAMM box AS SNONN Evs7m CAGE IRAY PAD MTAU NEW CAKE MY ENLARGED PROJECT AREA S17F PLAN SCAM 114' _ V 1 SPrin� is G)iv%v-\cj SFc ce k-lov cellklcav FS-09-XC-320 First Amendment 3 February 3 , 1999 8 District ' s Initials Lessee ' s Initials FS-09-XC-320 First Amendment 3 February 3 , 1999 9 EXHIBIT C TO FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT PLANS FOR EXPANSION CABINET BY LESSEE C^ 5 9 t FS-09-XC-320 First Amendment 3 February 3 , 1999 10 J District ' s Initials C Lessee ' s Initials FS-09-XC-320 First Amendment 3 February 3 , 1999 11 Regional Open *ace ----------------- 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-01 Meeting 98-05 February 10, 1999 AGENDA ITEM 6 _ AGENDA ITEM Field Enforcement Activity for 1998 and Eight-Year ield Activity Summary GENERALRECOMMENDA- Accept the 1998 Miscellaneous Enforcement Activity Summary and the Eight-Year Field Activity Summary. I BACKGROUND Since April 1995, staff has given the Board written monthly reports on emergency incidents and enforcement activities on District land. At the end of each year you have been given a summary for that year as well as a comparison with previous years. DISCUSSION Two summaries are presented for your review: the 1998 Miscellaneous Enforcement Activity Summary (Appendix A), and the Eight-Year Field Activity Summary (Appendix B), with highlights represented in graph form (Appendices C and D). The Miscellaneous Enforcement Activity Summary lists, in chronological order for the past year, contacts made or reports taken by staff of potentially serious, violent, or other criminal activity on or near District land. Only contacts that resulted in some form of written record, such as a District incident report, written warning, citation, or mutual aid assistance report, have been included in these summaries. General assistance to preserve visitors, informational contacts, and verbal warnings have not been included. The Eight-Year Field Activity Summary includes emergency response, criminal activity, and mutual aid incidents. Staff continues to modify the format of the summary and the methods of collecting and compiling data. Several categories within the summary have been converted into two or more categories to accommodate the collection of more detailed data. Blank boxes appear in categories for past years of the summary where counts were not actually tallied. The total number of violations of District ordinances has continued to decrease, from a high of 1,510 in 1996, to 1,046 this year. 330 Distel Circle e Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 e E-mail:mrosd@openspace.org . web site:www.openspace.org Bo,ird of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton R-99-01 Page 2 The following trends and issues are noted. 1. Recorded violations of District Land Use Regulations decreased approximately 23.4% from last year. Over a two year period the decrease has been 30.7%. Although staff are reluctant to draw any conclusions from a trend of only two years, the combination of a long term ranger vacancy, wet winters, and increased work by staff on special projects may have contributed to these decreases. 2. Recorded bicycle violations have decreased from 531 in 1997 to 295 in 1998. This is a decrease of 44.4%. Speed and helmet rules were still being implemented in 1994, which included a much greater use of unrecorded verbal warnings by ranger staff. This is the fourth full year of general enforcement of regulations related to bicycling. Mountain bicycling continues to grow in popularity, and staff feel that the decrease in bicycle violations could be the result of various factors including more hours of staff time spent on education. 3. The total number of acts of vandalism recorded increased from 20 in 1997 to 42 in 1998. This is an increase of 210%. Many of these incidents relate to attempts by the District to close illegal trails. This trend, which is in direct contrast to the decrease in almost all other violations, is of strong concern to staff. 4. The number of accidents experienced by all types of users continues to fall. Prepared by: Gordon Baillie, Operations Analyst Contact Person: John Escobar, Operations Manager R-99-01 Page 3 1998 Miscellaneous Enforcement Activities APPENDIX A KEY SCSO Santa Clara Sheriff's Office OS Off District lands CDF CA Dept. Forestry SMSO San Mateo Sheriff's Office CHP CA Highway Patrol F&G CA Fish & Game CAMP Campaign Against Marijuana Plantations. Date Nature of Incident Outcome Rangers Law Enf. present assistance Jan. 10 Subjects harassing bicyclists/possession of Citation - SCSO - (OS) 3 4 marijuana 16 Human remains found Report - SCSO 3 5+ Feb. 26 Stolen vehicle recovered Vehicle recovered - SMSO 3 1 March 13 Out of state felony warrants Subject released 1 0 17 Hit and run accident Report taken - CHP 1 1 31 Accident/wanted felon ($500,000 warrant) Subject transported to 1 10+ Reported as armed & suicidal hospital/arrested - SMSO, SCSO, F&G. April 4 Suicidal/intoxicated subject Subject arrested - SMSO 2 2 (OS) May 23 Physical altercation Subjects verbally warned - 3 1 SCSO (OS) June 5 Illegal access/after hours use near Ranger Vehicle left the preserve 1 0 residence 13 Assault with a deadly weapon (bicycle) Bicyclist left the area 3 0 bicyclist v. equestrians (report taken) 14 Battery bicyclist v. hikers Bicyclist left the area 1 0 (report taken) 14 Warrants for theft/grand theft - Vehicle towed 1 1 uncooperative subjects 27 Alcohol and firearms violations Subject cited 2 0 R-99-01 Page 4 July 18 Two subjects caught poaching Cited - SCSO, F&G 1 2 Stolen firearms were seized Aug. 6 Brandishing of handgun (on public Report taken (OS) 1 0 roadway) 12 Stolen vehicle recovered Reported to CHP 2 0 24 1,540 marijuana plants eradicated S. Cruz SO, CAMP 2 25 Sept. 23 Visitors reported bullets going over their Report taken 1 1 heads 29 Naked man seen in Deer Hollow Farm Report taken 1 0 (Event not reported for 7 days) 30 Subject brandished digging bar at staff Subject calmed 2 0 Oct. 31 A subject was stopped with a sword and 2 Citation issued 2 0 large knives Nov. 28 A woman was harassed by a man on a Subject fled upon seeing 1 0 bicycle ranger Dec. 27 The owner of a vehicle stopped for driving Driver cited and owner 2 0 off-road in Sierra Azul OSP had $8,000 in advised to take care of traffic warrants. This was the second time warrants that the driver has been caught for this offense. Staff received reports of 14 auto burglaries in 1998. R-99-01 Appendix B Page 5 EIGHT YEAR FIELD ACTIVITY SUMMARY 1991 1992 1993 1994 1995 1996 1997 1998 .......... A.VIOLATIONS ...... ........ .............. ..... ........ .......... ...........120 .. ...... ........... ....... ..... ..... .......... ---...... ............. I.Bike-closed area 120 172 197 154 125 149 112 101 2.Bike-speed 43 101 149 1121 85 3.Bike-helmet 203 255 287 263 92 4.Bike-night riding 44 17 5.Bike-Unsafe Operation 13 3 6.Dogs-prohibited 21 31 58 58 62 63 72 37 7.Dogs-off leash 33 82 92 76 67 81 101 631 8.Off road vechicle 41 39 26 20 15 16 11 17 9.Closed area 176 252 286 262 9 38 30 F I O.After hours 127 194 148 118 1 LFishing 0 0 2 6 6 5 0 5 12.Vandalism 14 13 27 19 28 26 20 42 13.Parking 119 180 173 114 173 192 154 187 14.Parking after hrs. 225 182 228 197 15.Dump/litter 13 11 11 18 15 7 9 8 16.Carnpfires 18 18 7 12 9 6 4 1 17.Carnping 10 19 22 19 6 5 4 7 18.Weapon contact 12 26 10 16 7 5 4 8 19.Weapon report 26 15 3 13 20.Other 127 54 59 121 11 90 33 33 Total 704 897 970 1,141 1,267 1,510 1,365 1,046 ...........- ..................... ........ �.-.m m m m m m ...... ...................... .. ...... ................. B.ACCIDENTS/FIRE .............. ...............m...... ................... ........... .............. LBicycle 24 46 41 41 57 52 47 35 2.Equestrian 5 4 3 5 6 7 13 2 3.Hiking/Running 27 11 18 19 19 14 22 8 4.Other first aid 13 14 11 6 5.Search&rescue 13 6 11 7 6.Vehicle 7 3 7.Helicopter landings 8 2 8.Fire(acres) I (<I) 3(<I) 5(6) 4(1) 3(13) 3(3/4+) 3(1) 1(<1) Total 57 64 67 69 108 93 122 64 .................... ........... ..............................m.................... . .................... .................... ............I...................-........ .......... C.ENFORCEMENT .........- .................................. ...... ............ ....... ......................... ::.:::.4 .......................................... ............... ............ I.Citations 373 445 463 4TO 654 716 629 519 2.Written warnings 199 255 236 429 468 695 655 414 3.Arrests 7 8 7 6 3 2 4 1 4.Police assistance 32 22 36 28 Total 579 708 706 865 1,157 1,435 1,324 962 ...... ....... ...... ...... D.CRIMES ...................... ........ ..................... ................... .......... I.Auto burglaries 32 23 8 7 14 2.False information 7 11 13 11 3.Resisting Peace Officer 3 9 9 6 4.Assault 1 0 3 2 5.Poaching 3 2 2 3 6.Possession/Cultivation-Marijuana 9 10 7.Minor in possession of Alcohol 23 15 8.Other 15 16 F Total 0 0 0 32 37 45 82 75 ... ........... E.MUTUAL AID .......... ............. ................. 26:..._... .......-... I.Accidents 1 2 18 26 54 28 36 43 2.Enforcement 11 28 29 18 3.Fire(-acres) 2(2) 4(48) 3(1+) 2(10+) 4(5) 5(2+) 8(28) 5(<9) 4.Helicopter landings 2 11 11 71 5.Other 4 1 Total 14 22 29 56- 45 70 80 --774 R-99-01 Appendix C Page 6 District Enforcement Activities Eight Year History 1600 1400 1200 1000 c m 800 4- 0 000001V r r * r C Z 600 / 10 / ~ r � r r 400 r 200 0 1991 1992 1993 1994 1995 1996 1997 1998 Bicycle Violations Written Warnings - — Citations —Total Violations R-99-01 Appendix D Page 7 Accidents BY YP User Type 60 50 40 v 30 O ga.' O � i — Z 20 10 0 1991 1992 - - -__ 1993 1994 1995 1996 1997 1998 ®Equestrian ®Hiking/Running 0 Bicycle Regional Open Jeace 1 R-99-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-05 February 10, 1998 AGENDA ITEM 7 AGENDA ITEM Annual Progress Report on the Use of Radar on Distric nds GENERAL MANAGER'S RECOMMENDATION Accept this report on the Radar Program. DISCUSSION At your December 14, 1994 meeting you approved the regular program for use of radar by District rangers and directed staff to report annually on the use of radar. During the last four years rangers have used radar to continue to increase visitor awareness and to enforce the District's trail use speed limit. Radar Program Data The data contained in the table below represents the total use of radar by rangers during the last four years. Over the period represented, the number of equestrians recorded by radar was less than 1% of the total readings taken. None of the equestrian readings have been in excess of the District's trail use speed limit, so they were not included in the table. Radar Readings for Bicyclists. CATEGORIES 1995 % 1996 % 1997 % 1998 % 1. Staff Hours 183 280 364 331 2. Speeds 15 mph 950 73% 1,798 71% 2,697 73% 2,081 72% 3. Speed > 15 mph 349 27% 732 29% 999 27% 827 28% Total Readings _ 1,299_100% _ 2,530_100% _3_696 _ 100% _2,908 _ 100% 4. Speed 16-20 mph 248 19% 553 22% 758 20% 659 23% 5.Speed 21-25 mph 82 6% 149 6% 214 6% 136 5% 6.Speed 26-30 mph 16 1% 23 1% 25 1% 30 1% 7. Speed > 30 mph 3 0.23% 7 0.27% 2 <0.07% 2 <0.07% 8. Citations 22 53 57 38 330 Distel Circle . Los Altos,CA 94022-1404 a 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,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton R-99-24 Page 2 Findings 1. The majority of bicyclists using District trails adhere to the trail use speed limit; however, nearly 30% of the riders observed exceed the trail use speed limit of 15 miles per hour. 2. The ratio of trail use speed limit violations over the last four years has remained constant at just below 30% of the riders. 3. The radar program continues to provide opportunities for rangers to contact preserve users regarding safety and multiple use of the District's trails. Conclusions Since 1994 staff has been working towards the goal of providing 300 hours of radar use per year and has exceeded that goal in 1997 and 1998. Violations and citations increased over the first three years, and decreased in 1998. Staff feels the earlier statistics reflect increasing bicycle use combined with a lack of knowledge about the District's trail use speed limit. The percentage of violations and citations may be leveling off due to the education and enforcement work of District rangers. Staff believes that the use of radar is an effective means of increasing public awareness about safe trail use. It is an objective method of determining a trail user's speed and increases the frequency of informational contacts. It is also staff's experience that trail use speed limits are more often observed by bicyclists when they are aware that rangers are using radar and enforcing the trail use speed limit. The percentage of speed violations is likely to be greater when radar is not being operated by District staff. Prepared by: David Sanguinetti, Area Superintendent Gordon C. Baillie, Operations Analyst Contact Person: John M. Escobar, Operations Manager Regional Open ice R-99-30 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-05 February 10, 1999 AGENDA ITEM 8 _ AGENDA ITEM Report on Ranger Bicycle Patrol Program for Calendar Vear 1998 GENERAL MANAGER'S RECO MEND TI Accept this informational report on the ranger bicycle patrol program. BACKGROUND At the December 14, 1994 meeting the Board approved the ranger bicycle patrol as an ongoing part of the ranger patrol duties (see report R-94-125). The Board also requested that staff provide an annual progress report on the program. This report reflects the status of the program for 1998. DISCUSSION The bicycle patrol program included three mountain bicycles for each ranger office. Two rangers from each office were assigned to bicycle patrol for a one year period, leaving the third bicycle at each office available for the other rangers to share. The District provided each ranger with a bicycle helmet and gloves as safety equipment. Additional bicycle patrol uniform items were approved for purchase, including shorts, long pants, jackets, and shoes. The District provided long pants and jackets to the four rangers assigned to bicycle patrol. Optional shorts and bicycling shoes could be purchased from uniform allowances. Rangers using the shared bicycle could "earn" the long pants and jacket after logging 50 hours of bicycle patrol time during the year. Written procedures were developed for the bicycle patrol program. Each ranger was required to keep track of the following information: time spent preparing for bicycle patrol each day, actual time spent on bicycle patrol, and the number of public contacts made while on bicycle patrol. Following are the statistics for the 1998 calendar year: • Rangers performed 118 bicycle patrols, for a total of 280 hours of patrol time. • Staff spent 20 hours on preparation time (approximately 10 minutes per patrol). • Approximately 890 visitors were contacted(an average of 8 contacts per patrol). 330 Distel Circle - Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX: 650-691 0485 - E-mail: Web site:www.opcnsE�ace.or f3oaal of Otte,tor, Pete Swnens,Mary C. Davev, lead(vr, Deane little, Nonette I lanko, Bow(rov deer,Kenneth C-Nil/ . (Iciwr<r! Mon The total bicycle patrol hours for the last four years are as follows: 1998 280 hours 1997 710 hours 1996 192 hours 1995 183 hours The wet winter of 1998, caused by the El Nino storms, significantly reduced the number of bicycle patrol hours from the previous year. The large increase in patrol hours from 1996 to 1997 was due to increasing the number of available bicycles from four to six per geographical area. The nature of the visitor contacts included numerous informational contacts, and verbal and written warnings for violations such as excessive speed and picking wildflowers. Bicycle patrol rangers issued numerous citations for helmet violations, riding in a prohibited area, and dogs off leash. A few responses were made to accidents on the trails. The rangers on bicycle patrol indicated that the public response to seeing rangers on bicycles continues to be very positive. Once again, this year's program ended without a single reported employee accident or injury. The estimated annual cost to maintain the bicycle patrol program in 1998 was $2,008, allocated as follows: $408 for uniform pants and jackets, $1,300 for maintenance and repair(which included an overhaul of the bicycles), and $300 for personal safety gear(helmets and gloves), and bicycle accessories(racks, packs,tools, computer speedometers and miscellaneous repair items). CONCLUSION The ranger bicycle patrol program continues to be an effective way to patrol District trails. It has been well received by all visitor use groups. The program provides an incentive for staff to devote more time to a non-motorized form of patrol. Prepared by: Annette Coleman, Area Superintendent Gordon Baillie, Operations Analyst Contact: John M. Escobar, Operations Manager Claims No. S9-O Meeting 99-07 Date: February1O. 1999 K8|DPEN|N8ULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5590 409.86 Acme& Sons Sanitation Sanitation Services 5591 130.48 ADT Security Services Skyline Office Alarm Service 5592 353.52 All Laser Service Printer Maintenance 5593 217.50 Allen Equipment Company Vehicle Tool Box 5594 82.73 Randy Anderson Vehicle Expense 5595 47.27 AT&T Telephone Service 5596 189.84 Barron Park Supply Co. Plumbing Repairs 5587 242.00 Battery-Tech Inc. Radio Battery 5588 478.30 Best Impressions Crayon Boxes with District Logo 5599 652.31 Big 4Rents BaokhoeRente| 5800 105.00 BiU'o Towing & Recovery Towing Services 5601 2.466.00 Louis Bonji General Engineering Bechtel Driveway Restoration Repair 5802 242.76 Bruce Barton Pump Service, Inc. Enterprise Rental-Water Pump Repair 5603 60.00 Jane Buxton ROG8 Study Consultant 5804 159.25 John Cahill Vehicle Expense 5805 46.22 California Chamber ofCommerce Labor Posters 5808 174.87 California Water Service Company Water Service 5007 153.00 Camino Medical Group Medical Services 5808 89.89 Cerooniba |nhornadona| Decals for Handicapped Stalls 5809 134.32 Cole Supply Co.. Inc. Janitorial Supplies 5610 315.38 Communications&Control Inc. Mt. Urnunhurn Water Pump 5011 88.29 Continuing Education of the Bar Legal Resource Documents 5612 41.00 Cougar Couriers Express Mail Service 5013 4.517.50 Coyote Creek Riparian Watershed Aaoaaomnent--G|oProject 5614 327.23 CostuoVVho|ooe|a Office, Shop&Volunteer Supplies 5015 175.00 Cupertino Chamber ofCommerce Mailing Labels 5616 1.720.00 Done Right Roofing @Gutters Enterprise Rents|-RoofRepairs 5617 194.20 OynmK8ed Medical Supplies 5618 800.00 Emily &Associates Personnel Consultant 5619 141.82 Foster Bros. Security Systems, Inc. Combination Locks 5630 30.88 Galls Inc. Uniforms 5821 141.00 Garcia Well & Pump Company |nomrp| Houae--Wgter Pump Assessment 5822 38.06 G & KServices Shop Towel Service 5823 161.95 Goodco Press Inc. Letterhead Printing 5823 110.84 GneenVVaoha Recovery, Inc. Skyline Garbage Service 5824 122.41 GTE Wina|eas Cellular Phone Service 5625 10.00 Gunderson Medical Foundation Tick |.D. Cards for Docents&\7TP'o 5026 873,00 Gavin Hoban Consulting Sen/ices-ROSSPriorities 5027 990.00 International Training Resources, Ltd. Defensive Tactics Training 5828 514.19 Interstate Traffic Control Products Signs 5529 599.03 Jodi Isaacs Rainnburyennent--Vehio|e&Conference Expenses-Wild Life Society Conference 5030 980.33 Ken'o Lettering & Restoration ''Seogor Memorial Rock" Inscription 5631 230.41 Lab Safety Supply Safety Supplies 5632 90.45 Langley Hill Quarry Rock 5833 79.29 Life-Assist, Inc. K8adioo| Supplies Page Claims No. 99-03 Meeting 99-07 Date: February 10, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5634 100.00 Los Altos Chamber of Commerce Mailing Labels 5635 1,226.53 Los Altos Garbage Company Dumpster Service 5636 479.29 Lucent Technologies Phone Maintenance Service 5637 227.12 MetroMobileCommunications Radio Maintenance& Repairs 5638 395.35 MCI Worldcom Long Distance Phone Service 5639 120.00 Marie McGough Accounting Consultant 5640 157.80 Minton's Lumber&Supply Concrete Mix 5641 150.00 Mountain View Chamber of Commerce Mailing Labels 5642 502.82 National Fire Fighter Corp. Fire Equipment--Foam 5643 50.05 Northern Energy, Inc. Propane 5644 61.86 Office Helper Office Supplies 5645 301.50 Pacific Bell Telephone Service 5646 203.00 Palo Alto Chamber of Commerce Mailing Labels 5647 33.97 PC World Subscription Renewal 5648 106.93 Pearson Automobile Company, Inc. Vehicle Repairs and Parts 5649 236.62 Peninsula Blueprint, Inc. Printing Services 5650 250.00 PERS Public Agency Coalition Membership Dues 5651 490.44 Pine Cone Lumber Co., Inc. Lumber 5652 544.23 PIP Printing Business Card, Map& Newsletter Printing 5653 33.35 Precision Engravers, Inc. Name Tag Engraving 5654 698.95 Rana Creek Habitat Restoration Second Phase--Grassland Study 5655 1,000.00 Tom Randall March--Rent Agreement 5656 34.13 Rayne Water Conditioning Water Service 5657 200.00 Redwood City Chamber of Commerce Mailing Labels 5658 646.92 Roy's Repair Service Vehicle Maintenance & Repairs 5659 66.15 R.V. Cloud Plumbing Supplies 5660 114.75 Safety-Kleen Systems, Inc. Solvent Tank Service 5661 10.00 *1 San Mateo Co. Public Health Lab Tick Testing 5662 60.00 Saratoga Chamber of Commerce Mailing Labels 5663 23.25 *2 Sears Equipment Part 5664 361.81 *3 Second Cup Business Meeting Expense 5665 119.08 Silacci's Feed Barn, Inc. Gate 5666 3,500.00 Rick Skierka Land & Boundary Surveyor 5667 86.02 Skyline County Water District Water Service 5668 481.40 Specialty Truck Parts, Inc. Equipment Parts 5669 512.55 Stevens Creek Quarry, Inc. Rock 5670 53.04 Summit Uniforms Uniforms 5671 466.77 Tap Plastics, Inc. Nature Center Display--Acrylic Sheets 5672 14.43 Taylor Rental Small Tool 5673 531.51 Teater Etc. ROSS Mapping 5674 705.00 Terrasearch Inc. Bridge Geotechnical Services 5675 13,950.00 T.K.O. Construction La Honda Creek Bridge Contractor 5676 5,025.00 Mike Tobar Excavating Demolition Contractor 5677 32.62 Tooland, inc. Equipment Parts 5678 83.53 David Topley Vehicle Expense 5679 9,837.85 Universal Printing Company Visitor Map Printing 5680 19.00 *4 UPS Parcel Mail Page 2 Claims No. 99-03 Meeting 99-07 Date: February 10, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5681 3,000.00 U.S. Postal Service Postage 5682 57.63 Vallen Safety Supply Company Equipment Replacement Parts 5683 360.00 Rich Voss Trucking, Inc. Rock Trucking Fees 5684 706.57 West Group Payment Center Library Updates&On line Service Fee 5685 32.48 West Tek Supply, Inc. Field Supplies 5686 124.54 Wheel Works Tire 5687 300.00 *5 Roberta Wolfe Recording Services 5688 200.00 Woodside& Portola Private Patrol Secure Gates--Windy Hill Parking Lot *1 Urgent Check Issued February 1, 1999 *2 Urgent Check Issued February 1, 1999 *3 Urgent Check Issued January 28, 1999 *4 Urgent Check Issued February 2, 1999 *5 Urgent Check Issued January 28, 1999 TOTAL 68,754.51 Page 3 Regional Open *ace ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT illl TO: Board of Directors FROM: C. Britton, General Manage DATE: February 10, 1999 SUBJECT: FYI 130 [Distel Circle « Los Altos, CA 94022-1404 . Phone:050-691-1200 FAX: 050-691 0485 . E-mail mrosdt?,openspace.org . Wel)site:www.openspace.org Board((Direr tors Fete Siemens,Mary C. Dav(,v, led Cyr, Deane Little,Nanette Hanko, Betsv Crowder, Kenneth C. Nit/ . General Ahmn t,�w:t Craft"Britton Regional Open )ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 9, 1999 Eva Blum Shingle Miller Ranch P. O. Box 620066 Woodside, CA 94062 Dear Eva: Thanks again for sharing with me your concerns regarding feral pigs in the South Skyline area. After our conversation, I spoke with Jodi Isaacs, the Districts' Resource Management Specialist. Last September, she had met with a few South Skyline representatives as well as representatives from several other agencies regarding feral pigs. For your information, I have enclosed a copy of Director Betsy Crowder's 1998 letter to Judith Lovell, and Jodi's summary of the September meeting. These documents should answer many of your questions. At this point, invasive species of plants seem to be a more significant and widespread threat to the natural resources than feral pigs, though the migrating pattern will continue to be observed. Some of the movement appears to be directly related to rainfall and the acorn crop. If you have additional questions please feel free to contact Jodi Isaacs directly at(650)691-1200. I have enclosed three copies of the South Skyline trail maps for your use. Sincerely, 1 J d Cyr, resident oard o Directors JC:snd cc: MROSD Board of Directors Jodi Isaacs 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 Boar(/of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz . Genera/Manager:L.Craig Britton Regional Open )ace ------------------ February 9, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Marilyn J. Walter 20 Coyote Hill Portola Valley, CA 94028 Dear Ms. Walter: Thank you for your February 3rd, 1999 letter related to French Broom on the Razorback Ridge trail at Windy Hill Open Space Preserve. Staff appreciates your informative letter about this species and your concern for removing this threat from natural habitats. The District currently has a non-native species removal plan which outlines priority locations and species of focus determined from a District-wide survey of invasive non- native species completed in February of 1997. Although Razorback Ridge trail is not one of our priorities at this time we share your concerns for the spread of French Broom on this trail as we do for the majority of District trails being taken over by various non-native species. Unfortunately, there are far too many species and locations to control with current staffing levels and responsibilities. To assist with non-native species removal efforts the District often works with a variety of community service organizations such as the California Conservation Corps, volunteer groups and particular California Native Plant Society groups. We have had good success with these groups, but similar to your experience, the quality of work is often related to the amount supervision. This requires staff time which needs to be balanced with many other District responsibilities. Local sources of information, such as the letter you provided, are vital to prioritizing the species and locations of our non-native species removal efforts. We welcome your input and encourage you to take part in one of our upcoming volunteer days removing non- native species. If you have additional questions please feel free to call the District's resource management specialist, Jodi Isaacs, at 650-691-1200. Thank you for the useful information. (Sincere L. Cr g Britton General Manager cc: MROSD Board of Directors 330 Distel Circle - Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 - E-mail:mrosd cr openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz . General Manager_L.Craig Britton 20 Coyote Hill Portola Valley, CA 94028 February 3, 1999 MROSD 330 Distel Circle Los Altos,CA 94022 Re: Razorback Ridge Trail-Windy Hill To Whom It May Concern: In walking this trail the other day I noticed how much French Broom there was along the trail. Although I have always stopped to pull it out, there was far too much to handle by this older lady. May I suggest that either the Conservation Corps, or better yet and easier, the Sheriff's Work Program weekend crew be contacted to work on this problem? I have used them in the past to remove French Broom along upper Alpine Road and they do a pretty good job. Especially if they are supervised well. _Very truly yours, Marilyn J. alter FEB 5 1999 WGDA GARDEN RENOVATION: MALIBU, CALIFORNIA LAWNLESS IN MALIBU >* The impressive transformation of Robert and Ann H land's Malibu garden from lawn to a haven for k` outdoor living and gardening caught the eye of the yPr i 1 judges. "The old garden was very plain and not very considerate of the California environment." stated a juror. "The change is remarkable." A raised, cloister-inspired garden replaced the old lawn. A fountain with insets of California Arts and Crafts—style tile is the focal point; it's sur- rounded by eight planting beds set in decom- posed granite and filled with a variety of fruit trees. herbs,perennials,spring-flowering bulbs,and veg- etables.A casual arbor creates a sense of privacy. Two steps down from the raised garden is a cozy outdoor living and entertaining area with a built-in barbecue,fireplace,and dining table.The garden's soft colors blend with the home. "This garden is designed for living,"said a juror.`And it's probably used 100 times more than the lawn ever was." Designer:Nancy Goslee Power,Nancy Goslee Power &Associates,Santa Monica(310/264-0266) REGIONAL: P H I L O, CALIFORNIA Taking a hands-off approach to their rural property in Men- docino County, landscape architects Patrick and Jane Miller SPLENDOR IN THE GRASSES created a stunningly simple garden to surround their barnlike home and work studio. "It's very brave. very original, and very accommodating to the site,"said a juror. Although all jurors agreed that the property is unique and ` the design specific to the site, they found it worthy of com- mendation for its genius. "The designers really understood their site and the local environment."a juror noted. From the start, the Millers knew they didn't want their gar- . s 1' den to compete with the surrounding natural landscape. So they added native plants—oaks, manzanitas, and incense cedars that would thrive on minimum water and care. Their I` one nod to a more refined landscape was the lavender drift—a formal arrangement of Spanish lavender in a keyhole shape. Two open 60-foot raked gravel circles (called "infinity Y spirals") around the house g serve as entry court, casual rf patio for socializing and games. and fire protection. ri This garden is in harmony with its surroundings. _ Designers: Patrick and Jane < r Miller, 2M Associates, Berkeley(510/524-8132) 78 SUNSET John Woodbury, 10 : 36 __i 2/8/99 -, Spring Conference Return-Path : drjohnw@ix . netcom. com Date : Mon, 08 Feb 1999 10 : 36 : 01 -0800 From: John Woodbury <drjohnw@ix . netcom. com> To: John Woodbury <drjohnw@ix. netcom. com> Subject : Spring Conference X-Rcpt-To: mrosd@openspace . org To: Bay Area Open Space Council Steering Committee From: John Woodbury By now you should have receive the advance notice postcard regarding our May conference . If you know of specific people other than yourself who should receive the actual registration (to be mailed in early March) , please let Darla know the names and addresses . Darla is at guenzler@uclink4 .berkeley. edu Thank you. (Printed for open space district <mrosd@openspace.org> 1 BAY AREA February 3, 1999 OPEN SPACE COUNCIL STEERING COMMITTEE Craig Britton CHRISTINA BATT General Manager Martinez Regional Land Trust Midpeninsula Regional Open Space District ROBERT BERNER Marin Agricultural Land Trust 330 Distel Circle FRAN BRIGMANN Mann County Open Space District Los Altos, CA 94022 CRAIG BRITTON Midpeninsula Regional Open Space District HARRIET BURGESS American Land Conservancy DAN CATHER City of Walnut Creek Tloo. T,F Te.'f4r. VERL CLAUSEN v� Senpervirens Fund ANN COLE Trust for Public Land On behalf of the Bay Area Open Space Council, I am writing to thank LARRY COONS Santa Clara County Open Space Authority you for participating in the Conservation Easement Monitoring study. ROBERT E. DOYLE East Bay Regional Park District Your generous assistance in both completing the questionnaire and HARRY ENGELBRIGHT Th City B County Cocperatrve Planning Group spending one or more hours discussing your organization's easements, NEAL FISHMAN State Coastal Conservancy monitoring activities, and the future of easements in general is very BUD GETTY California Dept of Parks and Recreation much appreciated. PATRICIA GLOYD Greater Vallejo Recreation District Dty 9HANSEN Sonoma County Agricultural Preservation From the beginning, this project was designed to capture the collective and Open Space District JOHN HOFFNAGLE experience of Bay Area land conservation practitioners in using and Napa County Land Trust CLIFFORD JANOFF managing conservation easements. With your help, we are developing a Bay Area Ridge Trail Council i i d i picture of the re on's easement an monitoring programs. DAVID KATZ detailed P� g g P rams.g Sonoma Land Trust GERRY KEENAN Save Mt.Diablo You have made a valuable contribution to the collective knowledge and MARGE KOLAR g US Fish and Wildlife Service capacity of Bay Area land conservation organizations. Thank you again JANET MCBRIDE San Francisco Bay Trail Project for your time and assistance. PAM MUICK Solono County Farmlands and Open Space Foundation BRIAN O'NEILL Sincerely, Golden Gate National Recreation Area PAUL ROMERO County of Santa Clara CARLA RUIGH City of San Jose ✓ ��. AUDREY RUST Peninsula Open Space Trust PHILIP SALES Darla Guenzler Sonoma County Regional Parks JIM SAYER Research Associate FEB 5 Greenbelt Alliance NANCY SCHAEFER San Francisco Bay Joint Venture ERIK VINK American Farmland Trust PAMELA WICINAS Scutn Livermore Valley Land Trust DAN WILLIAMS City of Palo Alto S T A F F JOHN WOODBURY BAY AREA OPEN SPACE COUNCIL Program Director 530 Bush Street, Room 303, San Francisco CA 94108 (415)398-3730 Fax: 398-6530 Regional Open *ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM To: L. Craig Britton, General Manager From: Randy Anderson, Senior Planner Re: FEMA Applications Date: 2/4/99 Disaster 1046 (1995) For the repair of damages created by this declared disaster, the District spent $394,022. The amount FEMA has awarded to date totals $167,684--$69,885 of which is the result of our Appeal. The $69,885 should actually be in our hands by the end of February at the latest. Meanwhile, we are planning on submitting a second Appeal to try and convince FEMA to accept responsibility for more of the engineering expenses, which far exceed FEMA's usual allowance of 10%-15%of the total cost of the project. This is primarily due to high local costs and county permit conditions. Disaster 1203 (1998) For this declared disaster, FEMA the District submitted to FEMA has awarded 25 Small Projects @ $206,092 $171,016 3 Large Projects @ $356,954 $289,526 Total $563,046 $460,542 By FEMA's definition, any project over$47,100 is a Large Project. There are still two Small Projects FEMA has not yet responded to (totaling $39,410), so for the Small Projects, these figures reflect payment of 100% of what we requested plus the administrative allowance automatically included by FEMA. In the Large Project applications, prepared by one of FEMA's own inspectors, FEMA found a number of calculation errors. We are in the process of double-checking those calculations, but if FEMA's new numbers are correct, then the amount they awarded us again reflects a payment of 100% of what we requested. Regional Open , ace 1 ----------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager 4, G DATE: February 5, 1999 SUBJECT: FYI 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton Regional Open ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: February 5, 1999 TO: Members, Board of Directors FROM: L. Craig Britton, General Manager RE: Santa Clara County Parks Vehicle Entry Fee Proposal As I reported during informational reports at your last regular meeting, the Santa Clara County Parks Department brought a proposal to the Parks Commission to impose an initial $4 vehicle entry fee at the 12 County parks that are currently free of charge. This proposal included vehicle entry fees for Rancho San Antonio and Lexington Reservoir County Parks. The Santa Clara County Parks Commission discussed this item at its meeting of February 3, 1999. The Commission voted to delete the proposed vehicle entry fee program from the package of recommendations to be made to the Santa Clara County Board of Supervisors. County Parks staff has informed the District that the proposed entry fee program will not be further discussed as part of this package of recommendations. While the proposal is not currently moving forward, I would like to ensure that Board members have a full understanding of the possible impact on District activities, if such a program is implemented in the future. As you know, Rancho San Antonio County Park is comprised of approximately 166 acres adjacent to Rancho San Antonio Open Space Preserve. The County park facilities include parking for 327 vehicles, restrooms, a picnic area, tennis courts, and trails. The vast majority of visitors to the District's Rancho San Antonio Open Space Preserve enter through the County Park and utilize the County's parking areas. The County manages all facilities in this area, up to the boundary with the open space preserve. If an entry fee were to be implemented, a vehicle fee collection kiosk would be installed at the main entrance to Rancho San Antonio, on Cristo Rey Drive. Lexington Reservoir County Park is adjacent to the southerly access point to the District's St. Joseph's Hill Open Space Preserve, on Alma Bridge Road, and connects with the Sierra Azul Open Space Preserve. This County park is approximately 960 acres, most of which is leased from Santa Clara Valley Water District, and which contains parking areas that currently can accommodate 112 vehicles. The parking lots include a boat launch area, portable restrooms, and a rowing club facility. Lake-use fees are already in place. The majority of visitors to St. Joseph's Hill Open Space Preserve utilize the County's parking area. If an entry fee were to be implemented, it is likely that an un-staffed ticket vending machine would be installed to collect fees at this site. Visitors who enter Rancho or Lexington on foot,horseback, or bicycle would not be charged. 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,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton An annual pass to all of the County's park facilities is available for a fee of$50.00 and a second pass (for a second vehicle in the family) is currently free, although that fee would increase to $25.00 annually under the current package of recommendations. The County Parks Department's need for additional revenue is apparent, particularly in light of its objective of generating 25% of the department's annual budget from user fees, within five years. The District's concerns with a fee at Rancho center primarily on its potential impact on parking on nearby neighborhood streets. I have met with County Parks Director Paul Romero, and I believe that, if such a fee were to be implemented at some time in the future, a combination of cooperative enforcement and education would mitigate the potential for an increase in parking on neighborhood streets near Rancho. In addition, County Parks staff understand the need for a waiving of vehicle access fees for District staff and volunteers involved in the course of District business. Given the geographic location of the parking area at Lexington, overflow parking onto other streets is not anticipated to be a neighborhood issue. If a vehicle entry fee program is proposed by County Parks at some point in the future, the Board can re-visit the issue and determine if any District action is required. FEB 04 '99 15:09 AT&T FAX 902WX p 1 LO EAL SANTA CLARA AGENCY AGENDA COUNTY . Chambers of the FORMATION Board of SupgrWws Milo COMMISSION 70 w•et Wedding St_ sun dose, CaGbrnla COMMISSIONERS: SUZANNE JACKSON,DON CAGE,MANNY DIAZ SUSAN VICI LUND WMSON ALTERNATES: CINDY CHAVEZ,PETS McHUGH,LAMB WHEM R CHAIRPERSON: BLANCA ALVARAI)o REGULAR Wednesday,February 10, 1999 1:15 p.m. CHAMBERS OF THE BOARD OF SUPERVISORS 70 West Hedding Street,FInt Floor San Jose,CA 95110 The items marked with an asterisk(0)are included in the Consent Agenda and will be taken in one roll call motion. At the beginning of the meeting,anyone who wants to discuss a consent item should make a request to remove that item from the Consent Ageatda. If you wish to participate in the following paoeeedings,you are prohibited from making a campaiga th contribution of more an$250 to any commissioner or alternate. This prohibition begins on the date you begin to actively support or oppose an application before LAFaCO and coc mres until three months after a final decision is rendered by LAPCO. No commissioner or alternate may Solicit or accept a campaign contribution of more than$250 from you or your agent doting this period if the commissioner or alternate knows,or has reason to know,that you will participate in the prongs. If you or your agent have made a contribution of more than$250 to any t�mmissitmer or alternate during the twelve(12)months preceding the decision,in the proceeding that commissioner or alternate must disgWify himself or herself from the decision. However,disqualification is not required if the commissioner or alternate returns the campaign contribution within thirty(30)days of learning both about the contribution and the fact that you area participut in the I BUI-CBLd� 2. this portion of the meel,ing is reserved for persons desiring to address the Commission on guy matter not on axis agenda. Speakers are limited to=miautc. Ail Statements that require a response will be referred to staff for reply in writing. 3. Post4r Fax We 7671 Dam PWN► T 2 From Cojospt. L Co. Phone 0 Phone• F�� 4igy IF I FEB e4 '99 15:10 AT&T FAX 9020FX P.2 Passible Action:Revise filing requirements to include addition of a requirement of indemnification for CEQA litigation 5. CONSIDER RESO _ MM NO-999_MOOLUTION OF M SAh* TO ON BY THE M1DP MSI tt a OPEN cosy-c hosgWe Consider request by San Mateo LAFCO to vest Jurisdiction to San Mateo LAFCO in the upcoming proposal to annex the San Mateo coastside area to Midperunsula Regional Open Space District 6. ALTERNATE PuBme MEMBER Possible Action:Re-appoint Susan Vicklund Wilson as Public Member for a new four year term commencing in May 1999,and discuss recruitment for Alternate public Member 7. A. Consider posed FY 1999-2000 LAFCO Budget Possible Action: Consider staff recommendation to authorize staff to refine a recommended LAFCO budget for inclusion in the Recommended County Budget for FY 1999-M and to include additional funding to participate M updating the Incorporated Areas map. B. AM!Qintment of Legislative Liaison for CALAFCO Le jgMyA Passible Action: Appoint interested commissioner as CALAFCO legislative liaison to participate In CALAFCO Legislative Day on May 19, 1999 in Sacramento C. 1999 CALA—FM Staff worksho in Palm Spring, March a A 5. 1999 Possible Action: Authorize staff to ant W CALAFCO Staff Workshop and authorize travel,expenses D. 1999 CAI AFCQ Clerks Workshoe jn Asilow,April 21-23 1999 Passible Aetian_ Authorize LAFCO Clerk to attend LAFCO Clerks Conference and authorize travel expenses E. 1999 CALABCO AnnjW r..in MoD=x SAM Mber 1-3. 1999 (information only) FEB 04 '99 15:10 AT&T FAX 9020FX p 3 8. CORRF.SPOMENCE 9. AWt ► N I� In vomptiance wit@ the Am aas i D abiTi�s:Ac�;,those aocommodati Ibr tbjs!=Cww shoo notify the c:of dwBomi& { ce24.: :hours prior to the Meeting at(408)299.4321 T:D►D{4*W3=82? . M ' County of Santa Clara Go uN Local Agency Formation Commission Countv Government Center, East wing 70 west Hedding Street. 1 oth Floor San Jose. California 951 1 o (408)299 2424 FAX 295-1613 ��?►� Autumn Arias, Executive Director FEB 3 1999 February 1, 1999 TO: LAFCO FROM: Autumn H. Arias, Executive Director SUBJECT: San Mateo LAFCO Resolution No. 899, Requesting Transfer of jurisdiction of the Potential Midpeninsula Regional Open Space District Application to Annex the San Mateo Coastside Area - Agenda Item No. 5 RECOMMENDATION: 1. Staff recommends that San Mateo's request for transfer of jurisdiction not be granted, and instead, that our previously adopted referral system be used. This includes a San Mateo LAFCO public hearing in San Mateo County and consideration of their recommended action at a second hearing in Santa Clara County. This would also include working with San Mateo LAFCO and District staff to address the concerns of both LAFCOs during the environmental assessment process and the development of the proposal. DISCUSSION: San Mateo LAFCO has adopted Resolution No. 899, "Requesting That Santa Clara LAFCO Vest Jurisdiction In San Mateo LAFCO In Matters Relating To Annexation By The Midpeninsula Open Space District Of The San Mateo Coastside." This resolution is in regard to an upcoming proposal by Midpeninsula Regional Open Space District (MROSD) to extend the sphere of influence and district boundaries to the San Mateo coastline area south of Pacifica on down to the San Mateo County boundary, for a total of 14,000 acres. A letter from San Mateo LAFCO Chairman Roger Goodrich and a copy of the resolution are attached. The action being requested is permissible pursuant to California Government Code section 56388, which states that the principal county (the county having all or the greater portion of the entire assessed value of all taxable property within a district) may grant exclusive jurisdiction to the county in which the proposal is located. The Commissioners: Blanca Alvarado, Margie Fernandes. Pat Figueroa. Michael M. Honda,Susan vicklund'Nilson 19 Commission Secretarv: (408)299-4321 2017 statute stipulates that both commissions must agree to the transfer of jurisdiction, otherwise jurisdiction remains with the principal county. Midpeninsula Regional Open Space District (MROSD) was created in 1972 for the purpose of acquiring and maintaining open space lands, and its territory covered most of the western portion of Santa Clara County. The District receives a portion of the property tax of the Santa Clara County parcels within its boundaries. In 1976 the southeastern portion of San Mateo County was annexed. All annexations since then into San Mateo County have been minor. The District has also expanded somewhat into Santa Cruz County. In 1985, Santa Clara and San Mateo LAFCOs jointly adopted a policy to hold the initial LAFCO hearing in the county in which the proposal was located. That commission would then forward a recommended action to the principal county LAFCO, which would consider it at their hearing and take the final LAFCO action. The District then holds a hearing, acting as Conducting Authority as it normally would. This referral method has been used several times to the benefit of the landowners of the affected county, giving them access to a convenient hearing location and allowing them to testify to their commissioners. This system has also been used between Santa Cruz and Santa Clara LAFCOs. There is documentation that in 1984, Santa Clara LAFCO did vest authority in Santa Cruz LAFCO for a minor annexation. The rationale for the action was that negotiations between the two LAFCOs might delay the project, and also that the water district involved, San Lorenzo Water District, felt that there were issues which could be better resolved by Santa Cruz County. MROSD Proposal: MROSD proposes to extend its sphere of influence (SOI) and annex approximately 14,000 acres, after taking an advisory vote which received 55% voter approval in November 1999. 14,600 registered voters reside in the area, which includes territory west of Skyline Blvd. and south of Pacifica to the Santa Cruz County boundary. A map of the area is attached, along with a map of the current district boundaries (the district boundaries map is substantially accurate, although some minor annexations may not be depicted). Staff has already met a few time with both District and San Mateo LAFCO staff regarding this proposal. The District has begun a process to form a coastal advisory committee the assist the District Board make revisions to district policies that could affect the coastside area. Supervisor Rich Gordon, also a LAFCO commissioner, has ,been asked to chair this committee. The environmental scoping process will begin soon. 2 Request For Transfer of Jurisdiction.- At its January 20th meeting, San Mateo LAFCO adopted Resolution No. 899 requesting transfer of jurisdiction. The accompanying letter states that in requesting the transfer of jurisdiction, San Mateo LAFCO would support referring the application to Santa Clara LAFCO for hearing and recommendation so that MROSD constituents in Santa Clara LAFCO could participate in local consideration. The reason for the request, as stated in the letter, is because of the large size of the proposal area and the large number of residents involved, some of whom have contacted commissioners expressing their concern that such a substantial annexation would be decided in another county. San Mateo LAFCO feels that vesting jurisdiction outside the affected county "...does not best serve the spirit of public input and participation by affected residents contained in the Cortese Knox Act and public meeting law" (page 2 of 1/20/99 letter). While Santa Clara LAFCO staff understands that the participation of the citizens of an affected area to be annexed is a very legitimate concern, the referral system already in place does allow citizens to express their concerns at a LAFCO public hearing held in San Mateo County. Santa Clara County also has a large number of citizens who will be affected by this large annexation by virtue of already living in the District. What must be weighed are the concerns of San Mateo coastside citizens versus the potential concerns of residents of Santa Clara County w?ho already pay property taxes to the District to acquire and maintain open space lands. An important part of the decision to annex the property will be consideration of the District's ability to annex and finance land acquisition for a substantial new area without detracting from the open space acquisition and operations program already in place within its current boundaries. It is fair to say that the concerns of District residents in Santa Clara would also be represented if San Mateo LAFCO were given authority and Santa Clara LAFCO forwarded a recommended action to them. Staff recommends retaining authority over the proposal mainly because MROSD's base of operations and the majority of land acquisitions have been in this county. The scope of the new proposal will shift a large part of the District's activities to a coastal area in another county, and staff feels that Santa Clara LAFCO may well want to retain final authority to make that decision. Question have been asked regarding the additional time needed to use a referral process and the possible duplication of effort in involving both LAFCOs. If both staffs work to coordinate hearing schedules, only about one month is added to the entire proceeding schedule. Regardless of which LAFCO has final authority, using the "reverse" referral process suggested by San Mateo LAFCO would take just as much time and effort by both LAFCO staffs. To date, MROSD has not stated a preference for the final authority resting with either Santa Clara or San Mateo LAFCO. Rather, they have expressed their willingness to 3 work with both LAFCOs in whatever arrangement is made between the two commissions. Unless this commission feels that jurisdiction should be transferred to San Mateo LAFCO, staff recommends that a letter be forwarded to San Mateo LAFCO stating that the request has not been granted, and to suggest that the referral system as previously established be applied to this proposal. The letter should also pledge our continued cooperation with San Mateo LAFCO and the District to address the concerns of all three agencies during the environmental assessment process and the development of the proposal. 4 SAN MATEO CAL AGENCY FORMATION COMMISSION %ou'44,0 455 COUNTY CENTER,2ND FLOOR•REDWOOD CITY,CA 94063-1663•PHONE(650)363-4224•FAX(650)363-4849 January 20, 1999 Susan Vickland Wilson, Chair Santa Clara Local Agency Formation Commission 70 W. Hedding St. , llth Floor San Jose, California 95110 SUBJECT: Request for Transfer of Jurisdiction in matters pertaining to the potential . Midpenjinsula Open Space District application to annex the San Mateo County Coastside Madame Chairman and Commissioners : The San Mateo Local Agency Formation Commission considered the above noted request at a public hearing on January 20, 1999. At the conclusion of the hearing, the Commission adopted the attached resolution requesting that your Commission vest jurisdiction in San Mateo LAFCo should the Midpeninsula Open Space District formally apply to annex the territory in San Mateo County west of Skyline and south of the City of Pacifica to the Santa Cruz County boundary. As you know, under a policy jointly approved by your Commission and Santa Mateo LAFCo in 1985, proposals for annexation of territory in San Mateo County to MROSD are submitted to Santa Clara LAFCo and referred to San Mateo LAFCo for hearing and a recommendation before Santa Clara LAFCo takes final action. This agreement, which works in the reverse for annexations to West Bay Sanitary District, was established in response to State law which provides that the "principal county" for any multi-county district shall be the county containing the majority of the district ' s assessed value. Since 1985 five proposals for annexation of territory in San Mateo County to MROSD have been processed according to this agreement. Proposals involved uninhabited territory (less than 12 registered voters) with 100% landowner consent. Territory proposed for annexation ranged in area from 70 acres to 1001 acres. The proposal currently being considered by the District * concerns approximately 14, 000 acres and 14, 600 registered voters in San Mateo County. As you are aware, an advisory vote held in November of 1998 Commissioners: Council Member Malcolm H.Dudley•Special District Member Roger S.Goodrich•Supervisor Rich Gordon Supervisor Jerry Hill•Public Member Howard Jones•Special District Member Pierre D.Palengat-Council Member Steven W.Waldo Alternates: Special District Member Iris Gallagher•Supervisor Rose Jacobs Gibson•Council Member Naomi Patridge•Public Member Joseph Zucca Officers: Paul M.Koenig,Executive Officer•Carol L.Woodward,Legal Counsel•Martha Poyatos,Management Analyst Santa Clara LAFCo January 20, 1999 Page 2 provided for some public debate on the concept of annexation, and Commission members were subsequently contacted by residents concerned that such a substantial annexation would be decided in another county. While State and local LAFCo policies support the mission of the Midpeninsula Open Space District, we believe that in this case, the process set forth in the Cortese Knox Act which allows for deliberation and final action outside the affected county does not best serve the spirit of public input and participation by affected residents contained in the Cortese Knox Act and public meeting law. If jurisdiction is vested in San Mateo LAFCo, this Commission would support referring the application to your Commission for hearing and recommendation so that MROSD constituents in Santa Clara County could participate in local consideration. The Commission therefore requests that, pursuant to Government Code Section 56388, your Commission vest jurisdiction in San Mateo LAFCo for matters relating to the above noted annexation. Sincerely, r oger S . Goodrich Chairman cc: Craig Britton, General Manager, MROSD Enclosure RESOLUTION NO. 899 RESOLUTION OF THE SAN MATEO LOCAL AGENCY FORMATION COMMISSION REQUESTING THAT SANTA CLARA LOCAL AGENCY FORMATION COMMISSION VEST JURISDICTION IN SAN MATEO LAFCO IN MATTERS RELATING TO ANNEXATION BY THE MIDPENINSULA OPEN SPACE DISTRICT OF THE SAN MATEO COUNTY COASTSIDE RESOLVED, by the Local Agency Formation Commission of the County of San Mateo, State of California that : WHEREAS, the Cortese Knox Local Government Reorganization Act provides that the Local Agency Formation Commission of the County containing the majority of the multi-county district shall be the principal LAFCo for all annexations by that district in any county in which it contains territory; and WHEREAS, the Midpeninsula open Space District is a multi- county district with territory in the Counties of Santa Clara, San Mateo and Santa Cruz; and WHEREAS, the majority of the assessed valuation of the Midpeninsula Open Space District' s territory is located in Santa Clara County; and WHEREAS, the Midpeninsula Open Space District has begun the process to prepare an application to annex certain territory in San Mateo County generally located west of Skyline Boulevard and South of Pacifica to the Santa Cruz County line; and Page 2 Resolution 899 WHEREAS, Section 56388 of the Cortese Knox Reorganization Act of 1985 provides that in cases where a proposal involves a district which is located in more than one county, exclusive jurisdiction for matters authorized under the Cortese Knox Act may be transferred to the LAFCo of the County containing the affected territory if both LAFCos agree to such transfer. NOW, THEREFORE, IT IS HEREBY REQUESTED by the San Mateo Local Agency Formation Commission that the Santa Clara LAFCo vest jurisdiction in San Mateo LAFCo in all matters pertaining to annexation of the San Mateo County Coastside. Page 3 Resolution No. 899 Regularly passed and adopted this 20th day of January 19 99 Ayes and in favor of said resolution: Commissioners: Malcolm Dudley Roger Goodrich Rich Gordon Jerry Hill Howard Jones Pierre Palen at Steven W. Waldo Noes and against said resolution: Commissioners: none Absent and/or Abstentions: Commissioners: none Cha' an L Agency Formation Commission C my of San Mateo State of California ATTES �� Date: 12,1f Paul M. Koenig Executive Officer Local Agency Formation Commission I certify that this is a true and correct copy of the resolution above set forth. Date: 2\ �. s� Martha Poyatos Clerk to the Commission Local Agency Formation Commission nrulurae n y� Burlingame + ` . . .eLDID . 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Glenwood.E a♦ i' - - Brookdale LompicD, g 'i �, •rvr,r —� ro o ELaa7 rt;r fe Iayante _ a �c• f Ben .3 o a raAPra.ccrn _ - a Swanton _ �e rete+ 2 rw�u rw - [fy1+A .'P J Rr wRy; gg 's rr•+KP .TXE FOREST 3 `•fF �•,..` Felton wi Re.rs u B = P o'd NISENE - eanrry3wfr �d D%. 1%-`` tt o "••Y JCGtl3 ffrA>"f 9 ' Valley a 8 ARq Davenport landint JUNE 19 Exhibit A_ -' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amended 6/91 WARD BOUNDARIES M Q � \•�� S.n ntaao ,1 �R�C. , B•` Poo M. lot wW� ry . hk� 3�«tR�f" $Cu►-�q�t� r� "` x., •Mk a ��s r ,' _ ', �, f RO f?JSE o MRO s b 5017 W&J An!/V TEL : Jan 27 ,99 12 :07 No .004 P .01 COUNTY OF SANTA CLARA PL_ ANNINS CQMMISSION 70 W. Hedding St.,East Wing, Seventh Floor San Jose,CA 95110 Phone (408) 299-2454 Fax (408) 279-8537 January 26, 1999 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Subject: Santa Clara County Planning Commission Hearings on Stanford Issues :Members of the Board: On December 3, about 300 people participated in our hearing in Palo Alto on planning for future Stanford development in the unincorporated area. Participants frequently voiced concerns about the lack of designation of permanent open space in the 4000 acres of unincorporated Stanford lands in Santa Clara County. Because: of their implications for open space, I wanted to inform you of upcoming Commission meetings on a new Stanford land use plan. On February 4, we are holding a workshop on options for planning for Stanford development when the current General Use Permit expires. It is estimated that the Permit limits will be reached within the next year or two. On March 4, we are holding a public hearing to recommend an option to the Board of Supervisors. Both meetings will be held at the County Building at 70 W. Bedding in San Jose. The February 4 meeting will be held at 10 a.m. in the Planning Department conference room on the seventh floor of the East Wing. The March 4 is expected to be held at 1:30 p.m. in the Board of Supervisors chambers. On January 21, 1 received a copy of a 9 page listing by Stanford of possible approaches to a new planning process. This listing is part of Stanford's annual report detailing building activity through August 31, 1998. City staff should have received the annual report late last week, as well. i TEL Jan 27 ,99 12 :07 No .004 P .02 Stanford does not propose any specific approach to future planning. instead, it lists four potential options. County planning staff should present more options at our February 4 meeting. The options listed by Stanford are: 1 . the same type of General Use Permit that currently exists(i.e., no designation of lands for any specific purpose, such as housing, public facilities, or open space); 2. a Specific Plan adopted by Board resolution; 3. a Specific Plan adopted by Ordinance; and 4. a Community Plan. We would appreciate an co ments that you would care to provide us. Sincere , erry A. Trumbull Chairman Santa Clara County Planning Commission Regional Open ace 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 29, 1999 Honorable Wesley Chesbro Member, California State Senate State Capitol Sacramento, CA 95814 Dear Senator Chesbro: On behalf of the Midpeninsula Regional Open Space District, I would like to thank you for introducing SB 2 in the current legislative session. The District, and its 650,000 constituents, appreciate your efforts to reverse the trend of recent years that failed to recognize the benefits and address the needs of parks, recreation, and open space throughout our State. A statewide parks bond act will greatly benefit our communities, whose citizens are increasingly seeking outdoor recreational opportunities and calling for stronger protection and maintenance of our natural resources. A bond act which includes per capita and Roberti-Z'berg- Harris categories for local parks and open space agencies will be the most effective mechanism for meeting the needs of parks and open space agencies, which have seen little or no State funding in recent memory. Such a measure will assist us in continuing in our efforts, as mandated by the voters that formed the District, of acquiring, preserving, managing, and making available for public recreational use the open space lands in the very urbanized San Francisco peninsula area. Again,thank you for your efforts. We stand ready to assist you in this very important and timely matter. incerelx, L. Crai Britton General Manager Cc: MROSD Board of Directors Terry Jewel, CPRS Ralph Heim 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAY:650-691-0485 . E-mail:mrosd@openspace.org Web site:www.openspace.org _ Board of Directors:Pete Siemens,Mary C.Davey, led Cyr,Deane Little, Nonette Hanko,Betsv Crowder, Kenneth C. Nitz_ . Genera/Manager:L.Craig Britton Regional Open *ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 29, 1999 Honorable Tom Hayden Member, California State Senate State Capitol Sacramento, CA 95814 Dear Senator Hayden: On behalf of the Midpeninsula Regional Open Space District, I would like to thank you for introducing SB 57 in the current legislative session. The District, and its 650,000 constituents, appreciate your efforts to reverse the trend of recent years that failed to recognize the benefits and address the needs of parks, recreation, and open space throughout our State. A statewide parks bond act will greatly benefit our communities, whose citizens are increasingly seeking outdoor recreational opportunities and calling for stronger protection and maintenance of our natural resources. A bond act which includes per capita and Roberti-Z'berg- Harris categories for local parks and open space agencies will be the most effective mechanism for meeting the needs of parks and open space agencies, which have seen little or no State funding in recent memory. Such a measure will assist us in continuing in our efforts, as mandated by the voters that formed the District, of acquiring, preserving, managing, and making available for public recreational use the open space lands in the very urbanized San Francisco peninsula area. Again, thank you for your efforts. We stand ready to assist you in this very important and timely matter. Si erel L. Craig Bri on General Manager Cc: MROSD Board of Directors Terry Jewel, CPRS 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,led Cyr,Deane Little, Nanette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 29, 1999 Honorable Kevin Murray Member, California State Senate State Capitol Sacramento, CA 95814 Dear Senator Murray: On behalf of the Midpeninsula Regional Open Space District, I would like to thank you for introducing SB 74 in the current legislative session. The District, and its 650,000 constituents, appreciate your efforts to reverse the trend of recent years that failed to recognize the benefits and address the needs of parks, recreation, and open space throughout our State. A statewide parks bond act will greatly benefit our communities, whose citizens are increasingly seeking outdoor recreational opportunities and calling for stronger protection and maintenance of our natural resources. A bond act which includes per capita and Roberti-Z'berg- Harris categories for local parks and open space agencies will be the most effective mechanism for meeting the needs of parks and open space agencies, which have seen little or no State funding in recent memory. Such a measure will assist us in continuing in our efforts, as mandated by the voters that formed the District, of acquiring, preserving, managing, and making available for public recreational use the open space lands in the very urbanized San Francisco peninsula area. Again, thank you for your efforts. We stand ready to assist you in this very important and timely matter. mcerel L. Craig Britton General Manager Cc: MROSD Board of Directors Terry Jewel, CPRS 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,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder, Kenneth C. Nitz . General Manager:L.Craig Britton Regional Open )ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 29, 1999 Honorable Fred Keeley Member, California State Assembly State Capitol Sacramento, CA 95814 Dear Assemblyman Keeley: On behalf of the Midpeninsula Regional Open Space District, I would like to thank you for introducing AB 18 in the current legislative session. The District, and its 650,000 constituents, appreciate your efforts to reverse the trend of recent years that failed to recognize the benefits and address the needs of parks, recreation, and open space throughout our State. A statewide parks bond act will greatly benefit our communities, whose citizens are increasingly seeking outdoor recreational opportunities and calling for stronger protection and maintenance of our natural resources. A bond act which includes per capita and Roberti-Z'berg- Harris categories for local parks and open space agencies will be the most effective mechanism for meeting the needs of parks and open space agencies, which have seen little or no State funding in recent memory. Such a measure will assist us in continuing in our efforts, as mandated by the voters that formed the District, of acquiring, preserving, managing, and making available for public recreational use the open space lands in the very urbanized San Francisco peninsula area. Again, thank you for your efforts. We stand ready to assist you in this very important and timely matter. Si ere L. Craig Britton General Manager Cc: MROSD Board of Directors Terry Jewel, CPRS Ralph Heim 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 Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton Regional Open&ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 29, 1999 Honorable Byron Sher Member, California State Senate Room 2054, State Capitol Sacramento, CA 95814 Dear Senator Sher: I am enclosing a recent article from the San Francisco Chronicle which has relevance to the Midpeninsula Regional Open Space District, and which I think you may find of interest. The District, as the agency which manages over 43,000 acres of natural land, continues to experience a severe problem with yellow star thistle. We are having great difficulty in controlling this invasive non-native plant species, which not only crowds out and inhibits the growth of native plant species, but is also a nuisance to visitors of open space. As you'll read in the enclosed article, this is now the most common plant in California, and its impact on District lands (and other open space lands) is incalculable. The article points out that Assemblyman 011er may be proposing some kind of legislation to assist in controlling this plant species. I hope that, depending on the specifics of the legislation, you will be able to co-author or at least support Assemblyman 011er's bill. I know that most if not all other parks and open space agencies in the State are hoping for some kind of assistance from the State in this matter. According to the article, Caltrans has unwittingly been responsible for some level of the spread of star thistle through its anti-erosion use of hay along roadsides. Unfortunately,the hay frequently contains star thistle seeds. I would suggest that the legislature consider the provision of grants from the Department of Transportation to assist local parks and open space agencies with control of star thistle. In addition, that source of funds may be appropriate for implementing scientific studies of the problem, and development of solutions. As always, thank you for your continuing support of parks and open space issues in California. Please don't hesitate to contact me if I can be of any assistance, or if you or your staff would like to discuss any ideas related to the star thistle problem. Sincer y, L. Crai on 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,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton TUESDAY, JANUARY 19, 1999 FC • .,.Stateofa ue Nasty weed works its wayinto coast ranges, Sierra By Kenneth Howe ace throughout much of the West panding into the coast ranges and ! CHRONII:I.1{STAFF werrsR — ruining rangeland, choking out in the Sierra up to 5000 feet." native plants, killing horses and , To the consternation of conser- stabbing both man and beast with Found along roadsides in grass- vationists, cattlemen, hikers and its needlelike spines. lands, landfills, vacant lots, parks anyone who has had to kneel down "The star thistle has become the and recreation areas, the yellow to change a flat tire on a•country most common plant in the state, star thistle often grows in dense _ road,California is being overrun by and it is out of control,"said Joe Di stands-and can reach higher than a prickly, noxious weed called the Tomaso, a weed ecologist in the four feet. A star-shaped cluster of yellow star thistle. Department of Weed Science at spines surrounds the flowers, Once a minor annoyance, the the University of California at Da- Which number from a few to hun- now-ubiquitous nonnative weed vis."It already occupied the valleys dreds per plant. Even when the has blossomed into a major men- and foothill regions. Now i ' Ye low star thistle S� t is ex- ► le THISTLE:Page Col.4 (csnraa�,ot,airiaG,) 1014N RI.ANCHARD/77r Chron Clf sY•ti.. r Thorny We40 AN M WEED Taking Over , � ,_ California 'm'� owd*0�° p�ted Sloes new heavr7y rtles4r 22%of the stile,an area eq tp ►THISTLE more Utah 20 mMon acres to pert its success is due to its tap root From Page I which tie plant sends down as tar as 8 feet below ground,sucking thistle dies in the fall,leaving only a moisture from Uwe saiL brown skeleton, the sharp spines can pierce skin and clothing. The fierce weed quickly domi- i nates any area it invades.Like some alien from 'The X-Files"it kills off its floral competitors in part by send- ing a tap root as deep as eight feet " into the ground and sucking the available moisture out of the soil. Some scientists believe that the plant also may emit a substance, called an allelochemical,that stunts r . the growth of nearby plants. The plant is especially harmful to ribw", 1111b0 horses, which sometimes eat the 8baft u plant in the early spring before the Mhat dtsm spines come out.In large quantities, it is poisonous,causing brain lesions ` 'M*g lain 8 R and a nervous disorder called chew- hchn tb 3 tiwt ing disease,which can be fatal. Areas of h�mp�6 This is the biggest single threat yellow star thistle rich In to agriculture since the medfly," Infestation length. said Assemblyman Thomas "Rico" •1 011er, R-Roseville. 011er, who held ❑ None hearings on the star thistle menace ® Light a• last month in Sacramento,plans to draft legislation in the hope of con- Heavy trolling the plant. Benefiting from El Nino rains, t� it Sarcecaw"ka &trrvntofFoodsvo,ft Am has expanded by exponential leaps in California. In 1965, the state I0"Bw4uDirmClvonkle found about 1.2 million acres of star thistle.By 1985,the noxious invader Stone said the star thistle bas covered 7.9 million acres. Now the claimed about 15 percent of his fam superweed heavily infests about 22 i}y's rangeland,rendering much of it percent of the state,according to a uselesz recent'study by the California De- Jake Si partment of Food and Agriculture. President w Califon n That is more than 20 million acres. ative Plant Society, worries that the star thistle can inflict Ironically,one of the weed's big- Best, although unwitting, benefag- harm on the environment_ tors is the State of CalZmia. The The star thistle not only disTtac- state Department of Transportation es native plants,"he said,"but also often uses hay along roadsides to native animals that depend on chase help prevent soil erosion—hay that plants, such as deer, quail, rabbits, frequently contains star thistle seed. skunks and raccoons that have co- No one has estimated how much evolved with the native plants over damage the weed has done,in the eons." because much of the harm — l� The star thistle, f course,b oily native plant habitat and thistle- one that a number d d the state, ,iw saes that have invaded the state,Tito- choked hiking trails—is not easily eluding plant,lant, reduced to numbers. pampas B Scotch broom, fennel, medusa- About the only people fond of the head, tamarisk,Cape ivy and water star thistle are honey lovers and bee- hyacinth. keepers. The late-blooming plant The first wave of star thistle in- provides much-needed pollen in the festation in the United States came summer to bees, which make a during the Gold Rush,according to highly prized honey from it. John Gerlach, a bankruptcy attcw- In agriculture,cattle ranchers are ney turned ecologist who has sttrd- among the hardest hit by the star ied the origins of the spiny invader thistle because the plant flourishes for about five years as a gtadvatr in sunny,open grassland. student at the UC Davis. "It's just a nasty weed all the way Centaurea sofstitialis is believed f around," said Scott Stone, whose to have originated in Turkey and family ranches about 10,000 acres Armenia as a weed that grew amid / near Woodland in Yolo• County. alfalfa. It spread throughout the 'The cattle don't like to go into it, and the dogs won't work through it. It's one of the worst problems we have." Mediterranean as a contaminant in times a year in successive years. alfalfa seed as people discovered the Even so,star thistle rebounds quick- protein value of that legume. ly. Ranchers, eager to make money Others prefer intensive grazing, feeding miners, imported alfalfa first with cattle - early in the year and, inadvertently, the star thistle before the spines appear then from Chile, where the plant had with goats,which seem impervious been brought by the Spanish. to the sharp points. A second wave came at the turn Pitcairn said the state Depart- of the century when cash-poor ment of Food and Agriculture is homesteaders needed an inexpen- studying biological controls, espe- sive source of alfalfa seed. For de- cially the hairy weevil, Eustenopus cades, Gerlach said, the state al- villosus, a beetle with a long nose lowed alfalfa seed from that drills a hole into the flower :.; Turkmenistan and Uzbekistan — buds and lays its eggs inside. The seed that officials knew to be badly larvae then feed on the star thistle contaminated with the seeds of a . seeds. host of noxious'weeds—to be sold Many ranchers are pinning their }"_ to farmers in the state simply be- hopes on a relatively new herbicide cause it was cheap. called Transline, which kills both A lot of the worst weeds in the the seeds and the mature plant.The West came during this time," Ger- narrow spectrum herbicide kills on- lach said. ly a few other plants,such as clover, El Nifio hastened the spread of alfalfa and beans,but it is expensive star thistle, but the plant shows few and many environmentalists object 4 signs of withering away with the to its wide use. departure of heavy rains. That is in But those who are successful in ' part because the star thistle has nu- thwarting the thorny invader often merous advantages over competing face an unintended and perverse plants, said Michael Pitcairn, a re- consequence. -Growing amid the search scientist at the state Depart- star thistle, yet held temporarily in ment of Food and Agriculture. check;is another noxious nonnative For one, it is-a prodigious seed — medusa head grass. Whqn star producer, pumping out as many as thistle is eradicated,. medusa head 29,000 seeds per'square meter. often springs'forfh, creating almost `! Moreover, an astonishingly high 95 as big a problem. percent of its seed germinates, and Moreover, those battling the can do so in just a few days prickly invader"are caught on the While other plants are sending thorns of another pioblemc The out foliage in the rainy season, the weed is expensive to eliminate and star thistle is growing its long tap inhabits areas generally considered root, which will later rob other of low economic value, such,as plants of'moisture. In May, when landfills,roadsides,hillsides and'h& other annuals start to wither, the ing areas. thistle bolts, shooting up its stalk, But, experts say, inattention to `. then branches- out and flowers in the star thistle has allowed much of June and July. California to become a vast noxious Combatting the weed is proving nursery for the aggressive plant. difficult.Burning works but must be "Right now, it's gotten to the done annually and causes pollution. point that I don't think eradication Mowing also can be effective, but of the star thistle is a possibility at . the weed needs cutting several this time,"Assemblyman 011er said. Mark G. Blaszczyk, 1i .i1 PM 1/28/99 Dogs in Lo,.y Ridge Return-Path: blazeman@california . com Date : Thu, 28 Jan 1999 23 : 51 : 40 -0800 From: "Mark G. Blaszczyk" <blazeman@california. com> X-Accept-Language : en To: mrosd@openspace. org CC: Mark BLASZCZYK <mblaszczyk@ci . sunnyvale .ca .us> Subject : Dogs in Long Ridge X-Rcpt-To: mrosd@openspace. org I hope its not too late to express my support, but I am definitely in favor of opening more if not all MROSD lands to dogs . If you need to contact me on this matter, I can be reached during the day at 408-730-7285 . Thank you, Mark G. Blaszczyk 7453 Kingsbury Place Cupertino, CA 95014 I ;Printed for Open Space District <mrosd@openspace.org> 1 /z.e Cr0 od �Ve i T a r )Qj y , n � • V cry Muriel Kingg 3155 Drywood-Ln. �, San Jose, CA 95132 Regional Open ace 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: January 7, 1999—REVISED SUBJECT: Calvillo Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 11, 1998 and title to and possession of this 41.66 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of November 12, 1998. The approved use and management recommendations included authorization for the removal of a small 1-room structure and debris on the subject property. DEDICATION CHART INFORMATION Dedication Board status Approval closing Dedication (h tendod or Preserve Area orNAM Date Date Date Acres Wit>ibeld?) Notes Sierra Azul Cathedral Oaks Calvillo 11-12-99 12-11-98 41.66 Withheld cc: Board of Directors D. Dolan Operations Accounting Planning H-M ERRAWAvillo Closing Merno.wpd -r SIERRA UL OPEN SPAC PRESERVE Midpe , sula Regional Open SpaW District �^ 2200 1.6 � KENNEDY-LIMEKIEN'AREA 28001 V-.arl �- 3.0 (SA78104 � `1 i 1800 2000 2400 "� 2400 1600 � 1400 1200 2200' � Al CATHEDRAL .� �u 1600 Ca`IvrilRoad "i PROPOSED ACQUISITION CALVILLO (41 .66 AC.) x�i �" e �•s �t2 -- a .: s r ,�.y. x" '''�#�-sae- � ,-.. a: r YC � ,1 `rt"`;ffi T �`� � "-�•^- ��aa'- _ � ..t� �, s.�,µ'me ih. ,ct^,_ .� {(( 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 7 ,xi .: One Mile 11/98* EWBIT A: SITE LOCATION 10AP Regional Open dace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: January 7, 1999 SUBJECT: Butler Property Addition to El Corte de Madera Creek Open Space Preserve Escrow closed for the subject transaction on December 29, 1998 and title to and possession of this 29.61 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 9, 1998. DEDICATION CHART INFORMATION Dedication Hoard status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes El Corte de Madera Creek Butler 12/9/99 12/29M 29.61 Intended Gift cc: Board of Directors D. Dolan Operations Accounting Planning M\ELCORTEMutder Ching Memo.wpd 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 e E-mail: mros(i@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,let/Cyr,Deane tittle, Nanette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton El Corte de M -1dera Creek Open Space Preserve - \,, MIDPEASULA REGIONAL OPEN S*E DISTRICT 1 ! Purisima-CreeklRed ds ' . l Huddart Park \ / \ San.Hateo l Open Space Preserve - County)' V Moun to Roa A OO�0.3 '600 1800 f KIP 1800 1n00 I�I Teague Hill FC041 Open Space h�tasCr �, . �" '�." Preserve ek weft Ro z / \ o /• t"� 1 PROPOSED FEE GIFT s BUTLER (29.61 AC.) �'e�``2200 °d EI �Le.'lltdera Cr�k Tn�l k `_: W r _ 0.2� r 'd r ��T Sandstone -, a .Point x:4 fT 0.9 Formation ;2�' R • 1.0 �++on• a.z � 7. , 0.5 nooOf 0.2 �' •r;'. ?U00 Point �!,�a/�1 �%!�O lay) 0.3 ♦y] 0.�0 3 p' 3 ' 0.8 Nooq ae r"' J .7 a1 \ 0.6I ti`� �� (\` 0.7 0.2•�`:03 (U�°31•+4" _ 03 0 �1 C'T' 2pp�� 1 � 2n00 `�. 'F .1 o.i o.7 0;1 `; '�1�� 0.3 Wunderllch . ` la o.l® (CM04' Park U t80o ♦ \0.2 0.3�. 0.1 O.3 (San Mateo s •0-340f �c,• � o s air---Tan der- 0.9 ���� ;. /0.2 - �c ��ipron aaor2 �3 J -�.�'�'��0.1 Old Growth (70, 1.2 1400 _ Re j ood . fJ 1.3 *A 14 0.1 K y .17 /1.2 / 1200 moa \0.1 1 `. -0.6, I 3 0.2 f�( .. 2.5 ♦ s Miif4ailJ n�� � t [•11M)11 1400 '\. • V 1200 J 1000 1600 TV 1698 0.0 .1 .2 "J .4 .S .6 .7 .8 .9 1.0 One.Milt EXHIBIT A: PROPERTY LOCATION MAP Regional Open )ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: January 7, 1999 SUBJECT: Marini Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 34, 1998 and title to and possession of this 14 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 9, 1998. DEDICATION CHART INFORMATION Dedication Board Status Approval Closing Dedication (Fended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Sierra Awl Kennedy Marini 12/9/98 12/30/98 14 Fended Limekiln cc: Board of Directors D. Dolan Operations Accounting Planning MSIERRAWarini Closing Memo.wpd 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 is FAX:650-691-0485 . E-mail: mroscl@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton f SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District ST."JOSEPH'S' Y��, r ,OPEN SPACEPRLSERVE ', 0. a• A 1- 0.1 17 0.9 o.z ., ��� ... PROPOSED ACQUISITION MARINI et al. (14 AC.) 03) T } (SA22) 2000 (sAzu LEXINGTON Pr%P, o 2200 ~COUNTY (A23) 1.0 ��oc 2400 PARK Trai/ �Srail 2400 X Pries�� 1 0 Via; 2600 / k • C dyTrd� ij QG 1.6 r .a •' C "'III 2800 5 �P4i�ry7 T r d SO(i s 3.0 �8s Roaa, \ ; " 2400 �-- 1600 (SA19) 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile Jill FXHIRIT A• PROPFRTV I OC'ATION MAP Regional Open ace J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager KV,A—( U,_t FROM: M. Williams, Real Property Representative DATE: January 8, 1999 —REVISED SUBJECT: Kelsey Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 18, 1998 and title to and possession of this 26.66 acre parcel passed to the District. I am not aware of any use and management concerns that were not addresse,I iii the staff report to the Board. In accordance with the public notification policy, and since there were no public a id/or adjoining owner comments which might require amendment to the use and management recommendatio,is, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tei tatively approved by the Board of Directors at their meeting of November 12, 1998. The approved use and It infiagement recommendations included authorization for the removal of the structure and debris on the subject property and to solicit bids for this dean up project if the cost exceeds the General Manager's spending authority($10,000.00); otherwise, this clean up would be accomplished by Tobar Construction,who is demolishing adjacent structures under a successful bid contract with the District. DEDICATION CHART INFORMATION Dedication Board status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld Notes Sierra AM Cathedral Oaks Kelsey 11-12-98 12-18-99 26.66 Withheld cc: Board of Directors D. Dolan Operations Accounting Planning H.\SIERRA\Kelsey Closing Mefno.wpd 330 Oistel Circle * Los Alto,;, CA 94022-1404 * Phone:650-0()1-1200 FAX:650-091-0485 * I-mail: Web site:www.ol)eiisi),i(e.org Bwrd(it Oirv(loi,:Pete Siemens,Mary(" D'Ivey, led( yr,1)vanc I tille, Nonctle I Linko, 13(-ty(towder,Kenneth C.Nitz . (;envr.d Manager:I.(rail, SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District 2800J LJ l -V� 4 11 r s 1000 woo El Sombroso J 200 P ;EMT.UMUNHUM AREA= 1400 1800 2000 _ •v a��� �� ,.� .;� ��:� � m Road l� , PROPOSED ACQUISITION ff- % rvtt.Thayer MARDEN (20AC.) 2400" z Q3,483 Vz6o0 PROPOSED ACQUISITION -=/ 280° KELSEY (26.66 AC.) Mt.�hum _ oa`.�O A Bald A 3;486' �' �`� Mountain 2,38, CLOSED1 f AREA Flcl .9 1.0 { One Mile