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HomeMy Public PortalAbout19990623 - Agendas Packet - Board of Directors (BOD) - 99-15 lonai Openwace g MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-15 REGULAR.AR ND SPECIAL MEETINGS BOARD OF DIRECTORS AGENDA* 5:30 P.M. 330 Distel Circle Wednesday Los Altos, California June 23, 1999 *** PLEASE NOTE*** 5:30 P.M. Closed Session Start Time 7:30 P.M. Regular Meeting Start Time (5:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 5:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Public Employment - Government Code Section 54957 Public Employee Performance Evaluation - General Manger 2. Public Employment - Government Code Section 54957 Public Employee Performance Evaluation - District Legal Counsel 3. Public Employment - Government Code Section 54957 Public Employee Performance Evaluation - Controller 4. Conference with Labor Negotiator - Government Code Section 54957.6 Agency Designated Representatives: Jed Cyr, Pete Siemens, Ken Nitz Unrepresented Employees: General Manager, District Legal Counsel, and Controller 3 M Dislel Circle . Los Altos, CA 9402 2-1 404 . Phone: 650-691-1200 LAX: 650-091 0485 . L-mail: Weh site:www.ol)etispace.org f3n,irtl of Oi twtw,:Fete Siemens, Maw � i lr, Nonette Hnko, Rey Crowder, KennethCNi . (;r ner,)(ti1,uw,>;or:L ( i��i,t;13nttnn Meeting 99-15 Page 2 (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS SPECIAL ORDER OF THE DAY Flag Salute - Pack 419 Den 8 ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- J. Cyr APPROVAL OF MINUTES May 12, 1999 'Consent Item) May 23, 1999 (Consent Item) BOARD BUSINESS (7:45) 1. Appointment of Peace Officer Jeffrey B. Smith -- J. Escobar Resolution Appointing Peace Officer Jeffrey B. Smith Pursuant to Section 830.31(b) of the Penal Code of the State of California to Enforce the Midpeninsula,Regional Open Space District Land Use Regulations and Those State and Local Regulations Related to the Protection and Safe Use of District Land (7:50) 2. Award of Contract for Purisima Creek Trail Storm Damage Repairs at Purisima Creek Redwoods Open Space Preserve; Authorization for the General Manager to Enter Into Contract With Brazil's Excavating of San Gregorio, in the Amount of$115,445; and Authorization for the General Manager to Approve Incremental Change Orders to Brazil's Excavating for an Amount Not to Exceed an Additional $62,555 ($178,000 Total With Base Contract) for Supplementary Repairs to Purisima Creek Trail, as Identified in the Engineering Geologist's Report Considered at Your March 10, 1999, Meeting -- John Cahill (8:00) 3. Acceptance of Gift of the San Jose Water Company Trail Easement as An Addition to Kennedy Limekiln Area of Sierra Azul Open Space District; Determination That the Recommended Action is Categorically Exempt From the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Trail Easement as an Addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve; and Indicate the Intention to Dedicate the Trail Easement as Public Open Space -- D. Woods Resolution Accepting Gift of Easement Deed and Authorizing Execution of Certificate of Acceptance With Respect Thereto (Sierra Azul Open Space Preserve - Lands of San Jose Water Company) Meeting 99-15 Page 3 *** 4. Ratification of Approval and Authorization for the President to Sign the "First Amendment to the Agreement Among the City of Mountain View, the Midpeninsula Regional Open Space District and the County of Santa Clara" on Behalf of the Board of Directors -- J. Escobar *** 5. Approval of Retainer Agreement With Environmental Science Associates and Authorization for Payment in in a Total Amount Not to Exceed $20,000; Approval of the Letter Agreement for Environmental Planning Services With the Environmental Planning Firm of Environmental Science Associates; and Authorization for the General Manager to Sign the Agreement on Behalf of the District and Authorization of the Initial Payment for Services in the Amount Not to Exceed $20,000. $10,000 Has Already Been Approved Under the General Manager's Authorization -- D. Woods *** 6. Approval of Settlement and Release Agreements In the Matter of Midpeninsula Regional Open Space District v. Esperson-Rodrigues Construction Company et al. and Authorization for the Board President and General Manager, Subject to Approval of District Legal Counsel, to Execute All Documents Necessary to Implement the Settlement and Release Agreements, Including Approval of Any Necessary Minor Corrections or Minor Grammatical or Technical Changes to the Agreements Which Do Not Involve Any Change to Any Material Term of the Agreements -- S. Schectman (8:05) 7. Approval of First Amendment to the Agreement for Option and Purchase of the Lands of Arlie Land and Cattle Company to Extend the Date of Exercise of Option From June 30, 1999 to July 15, 1999, and Extend the Close of Escrow From July 16, 1999 to July 23, 1999 and Authorization for the Board President and General Manager, Subject to Approval of District Legal Counsel, to Execute All Documents Necessary to Implement the Amendment, Including Approval of Any Necessary Minor Corrections or Minor Grammatical or Technical Changes to the Amendment Which do Not Involve Any Material Change to Any Term Thereof-- C. Britton (8:15) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) ADJOURNMENT *NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Meeting 99-15 Page 4 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. Regional Open . ace re MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING USE AND MANAGEMENT COMMITTEE AGENDA 4:30 P.M. Ken Nitz, Chair Tuesday, June 22, 1999 Betsy Crowder Administrative Office Deane Little 330 Distel Circle Los Altos, CA 94022 (4:30) ROLL CALL AND INTRODUCTIONS ORAL COMMUNICATIONS —Public (on subjects not on this agenda) ADOPTION OF AGENDA (4:35) COMMITTEE BUSINESS l. Review of proposed Sierra Azul Open Space Preserve area planning proj ect. a. Staff presentation b. Public input c. Committee discussion (5:50) 2. Consideration of alternate approach to habitat restoration at Pulgas Ridge Open Space Preserve. a. Staff presentation b. Public input c. Committee discussion (6:00) ADJOURNMENT i�0 Distcl Cii le - tos Altos, t_-A 94022-1404 - Phone:650-691-1200 FAX.650-091 0485 - E-mail: Web Site:vw4v.open5p.jce.orl; Roarrl<t Oirt°<hue;I<to ienx ns, �1ai ( Dey,led(yr,Duane Little, Nonette Hanko,Reks,C rom1([,Kenneth( Nit/ �Gwuv.rl A1,in,v w:I ( racy w_ Britton Regional a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-12 SPECIAL AND REGULAR MEETING .BOARD OF DIRECTORS May 12, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 7:03 P.M. Members Present: Deane Little, Peter Siemens, Mary Davey, Nonette Hanko, Ken Nitz, and Jed Cyr Members Absent: Betsy Crowder Personnel Present: Craig Britton, Sue Schectman, Randy Anderson, Malcolm Smith, John Escobar, Gordon Baillie II. CLOSED SESSION J. Cyr stated that the Board would adjourn to Closed session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:03 P.M. and the Closed session commenced at 7:05 P.M. The Board concluded the Closed Session at 7:35 P.M. and J. Cyr called the Regular Meeting to order at 7:36 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Personnel Present: Del Woods, Deirdre Dolan, Michael Williams, Mary de Beauvieres, Peggy Coats, Susan Dale III, ORAL COMMMCATIONS There were no oral communications. IV. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 6 to 0. 3O I)ititc Circle tos Altos, CA 94022 1404 Phone:650-091-1200 FAX:050-091 0485 » E-mail: mrosd(=?openspm c.ort; - Web site:www.oE)e r1sP i(e.org Board of!)ifo(wfti Pete Sieniwns,filar C. Dave Djvev,led Cyr, Deane Little, Nonwtte Hanko, Betsy Crowder, Kenneth(:. Nit/ ®C;e ne ral y1ana tv:t_ ( iai�Britton Meeting 99-12 Page 2 V. ADOPTION OF CONSENT CALENDAR C. Britton asked on B. Crowder's behalf that the Minutes of March 10, 1999, be removed. Motion: D. Little moved that the Board adopt the Consent Calendar including agenda item 8 Authorization for Payment in An Amount Not to Exceed $25.000 To the Firm of Irvine& Cooper for Legal Services In Connection with Midpeninsula Regional Open Space District v. Esperson-Rodrigues Development Company. et, al; agenda item 9 Authorization for Director Nitz to Attend the Special Park Districts Forum Being Held From June 10 Through June 13 by the Hamilton County Park District in Cincinnati, Ohio at a Projected Cost of$1.500; and Revised Claims 99-09. K. Nitz seconded the motion. The motion passed 6 to 0. VI. APPROVAL OF MINUTES C. Britton corrected paragraph 7, line 2 on page 8 of the minutes of March 10, 1999, to read "Flood Park" not" Park". Motion: K. Nitz moved the Board approve the Minutes of March 10, 1999, as amended. P. Siemens seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Approval of Residential Rental Agreement for the Former McDonald Residence at La Honda Creek Open Space Preserve;Deternnation That This Action is Categorically_Exxmmpt from the California Environmental Quality Act; and Authorization for the General Manager to Execute the Residential Rental Agreement with Mark Durham for the Former McDonald Residence at La Honda Creek Open Space Preserve M. Williams reviewed the conditions of the Residential Rental Agreement between Mark Durham and Midpeninsula Regional Open Space District. Motion: K. Nitz moved that the Board determine that this action is categorically exempt from the California Environmental Quality Act and authorization for the General Manager to execute the Residential Rental Agreement with Mark Durham for the former McDonald residence at La Honda Creek Open Space Preserve. D. Little seconded the motion. The motion passed 6to0. B. Agenda Item No. 2 - Tentative Adoption of a Use and Management Plan Amendment for Long Ridge Open Space Preserve to Allow Leashed Dog Access Under a Test Case Permit System and Determination that the Recommended Actions are Cate og ricallv Exempt from the California Environmental Out Act Meeting 99-12 Page 3 M. de Beauvieres described the system for self-service permits to be used for dog access at Long Ridge Open Space preserve. She explained that staff is asking for a tentative adoption of this item, as the program will be implemented for one year starting in August. Staff proposes to return to the Board with an informational report approximately six months into the program. At the end of one year the program will be reviewed by the Use and Management Committee. P. Siemens spoke in support of the program and said he would like to see permit use at all preserves which allow dogs. Motion: N. Hanko moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act and tentatively adopt the Use and Management Plan Amendment to allow leashed dog access under a test case permit system at Long Ridge Open Space Preserve. P. Siemens seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3- Agreement with Santa Clara County Fire Department to Conduct a Controlled Burn on the Rancho de Guadalupe Portion of the Sierra Azul Open Space Preserve;Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act;and Authorization for the General Manager to Execute the Permit to Enter for the Purpose of Allowing the Santa Clara County Fire Department to Conduct a Controlled Burn on the Rancho de Guadalupe Portion of the Sierra Azul Open Space Preserve G. Baillie detailed the benefits for the District in conducting a controlled burn on the Rancho de Guadalupe potion of the Sierra Azul Open Space Preserve. He corrected the date of the activity to June 4, 1999, not June 6, 1999, as stated in the report. Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt under the California Environmental Quality Act and authorize the General Manager to execute the Permit to Enter for the purpose of allowing the Santa Clara County Fire Department to conduct a controlled burn on the Rancho de Guadalupe portion of the Sierra Azul Open Space Preserve. K. Nitz seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 4 - Consideration of Resolution Urging the Santa Clara County Board of Supervisors to Reject the Proposal to Implement Vehicle Entry Fees at Rancho San Antonio County Park D. Little stated that the District has maintained a long-standing policy of not charging fees and he felt strongly that the Board should pass a resolution urging Santa Clara County Parks not to charge vehicle entry fees at Rancho San Antonio County Park. N. Hanko spoke of her support of the resolution and of her own opposition for any parks agency to Meeting 99-12 Page 4 charge vehicle fees. D. Little complimented M. Smith and J. Escobar on their work performance creating the resolution. Motion: N. Hanko moved that the Board adopt Resolution 99-15 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Urging the Santa Clara County Board of Supervisor to Reject the Proposal to Implement Vehicle Entry Fees at Rancho San Antonio County Park. K. Nitz seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5 -Proposed Revisions to Grant of Conservation Easement with Covenants in Favor of Save-the-Redwoods League for Addition of Munson and Peninsula Open pace Trust Properties to Long Ridge Open Space Preserve and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act M. Williams reviewed the changes that were made to the revised Grant of Conservation Easement with Covenants in favor of Save-the-Redwoods League for addition of Munson and Peninsula Open Space Trust Properties to Long Ridge Open Space Preserve. Motion: K. Nitz moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act; adopt Resolution 99-16, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Officer to Execute Revised Grant of Conservation Easement with Covenants Over Real Property Being Acquired, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate To Closing of the Transaction(Long Ridge Open Space Preserve-Lands of Munson, et al.); and adopt Resolution 99-17, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District A uthorizing Officer to Execute Grant of Conservation Easement with Covenants Over Real Property Being Acquired, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Long Ridge Open Space Preserve-Lands of Peninsula Open Space Trust). P. Siemens seconded the motion. The motion passed 6 to 0. F. Agenda Item No. 6 - Authorization to Solicit Bids to Purchase Prefabricated Pit Toilet Restrooms for Purisima Creek Redwoods-Rancho San Antonio, and Skyline Ridge Open Space Preserves and Determination that the PrQiect is Categoricafly Exempt from the California Environmental Quality Act M. de Beauvieres reported that it was within the Planning Programs's 1999-2000 fiscal year work program to replace five aging, chemical-recirculating restroom units with prefabricated pit toilets restrooms and that all units will be handicap accessible. Meeting 99-12 Page 5 MotioII: P. Siemens moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act and authorize staff to solicit bids for five prefabricated pit toilet restrooms for Purisima Creek Redwoods, Rancho San Antonio, and Skyline Ridge Open Space Preserved. K. Nitz seconded the motion. The motion passed 6 to 0. G. Agenda Item No. 7 - Comment and Acceptance of Program Evaluation for the 199& 1999 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District C. Britton corrected, on behalf of B. Crowder, page 8 of the 1998-1999 Action Plan under no. 2 "Key Projects Progress" that"One scoping meetings was held...", not three. M. Williams reviewed the Acquisition Program activity highlighting that in 1998-1999 1,800 acres was acquired. Highlighting the Enterprise Subprogram C. Britton noted the successful tenant transfer at Picchetti Winery. R. Anderson reviewed the Planning Program activity highlighting staff hiring, the publishing of the ROSS map, finalization of the Basic Policy, and resource management studies that were completed. J. Escobar reviewed the Operation Program activity highlighting the hiring of three new rangers, the Operations Program Review, and progress of restoration projects. N. Hanko stated she would like a tour of District lands to be arranged for the Coastal Advisory Committee. M. Smith reviewed the Public Affairs Program activity highlighting the mailing of 127,000 site brochures, growth in the interpretive program, training of crew leaders, web site links, legislative updates, and the completion of all exhibits at the Daniels Nature Center. C. Britton reviewed the Administration Program, highlighting activity during 1998-1999 of grants and District funding, including the 1999 Note Issue. D. Dolan reviewed the Human Resources Subprogram activity highlighting the continuation of the Interpersonal Skills training and completion of Program Team Agreements which helped create the District-wide Team Agreements. S. Schectman reviewed the Legal Services Subprogram activity including various litigations and claims against the District. She stated that the majority of her time the last four months has been focused on the Arlie Land& Cattle transaction. Motio K. Nitz moved that the Board accept Staff Program Evaluation Report. P. Siemens seconded the motion. The motion passed 6 to 0. Meeting 99-12 Page 6 VIIL INFORMATIONAL REPORTS P. Siemens stated that a meeting of the Board Appointee Evaluation Committee needed to be scheduled. K. Nitz reported that 1) he attended the California Conservation Corps Unity Day Event at Pulgas Ridge Open Space Preserve on Thursday, May 6, 1999. He presented the plaque that the District received in appreciation for 15 years of support of youth development and public service conservation work and 2) he will be volunteering in the District booth at the San Carlos Art and Wine Festival, Sunday, May 16, 1999. D. Little thanked all District staff for their hard work. He requested better signing for the entrance to the Windy Hill parking lot in Portola Valley. N. Hanko reported on past and upcoming Coastal Advisory Committee meetings and encouraged all Board members to attend these meetings. M. Davey reported that she and J. Cyr attended the 2nd Annual Santa Clara County Planning Commission Housing Seminar`Building Livable Communities" on May 3, 1999, that was held in the Mountain View Center for the Performing Arts. J. Cyr reported that 1) he was pleased to hear the innovative ideas the speakers gave on solutions to urban sprawl at the Santa Clara County Planning Commission Housing Seminar; 2)that he and M. Davey attended the Bay Area Ridge Trail Reception that was held at B. Crowder's residence; 3)he made a public statement to go on record to acknowledge the law firm of Miller, Starr and Regalia for reducing their legal fees by $10,000 and, 4)he has found his attendance at the coastal meetings to be interesting and has gained valuable information. C. Britton reported that: 1)the members of the Board Appointee Evaluation Committee were J. Cyr, P. Siemens, and Ken Nitz and 2)he recommended Board members and staff car pool to attend the Bay Area Open space Council on Friday, May 14. VIII. ADJOURNMENT At 9:45 P.M. the meeting was adjourned. Susan Dale Recording Secretary Claims No. 99-09 Meeting 99-12 Date: May 12, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6063 26.65 Arne' Sign & Decal Co., Inc. Signs 6064 45.58 AT&T Telephone Service 6065 729.30 Bailey's Winch 6066 44.50 Barron Park Supply Co. Plumbing Supplies 6067 133.79 Bowerman Electric Distel Building Electrical Repairs 6068 43.00 Brian Kangas Foulk Teague Hill Engineers 6069 70.09 Dick Bruhn Uniform Supplies 6070 90.00 Jane Buxton ROSS Study Consultant 6071 59.99 Cabelas Uniform Supplies 6072 209.54 Compurun Computer Repair 6073 623.41 Costco Janitorial &Office Supplies 6074 34.00 DMV Class A Drivers License-C. Beckman 6075 253.59 Forestry Suppliers, Inc. Safety Supplies 6076 604.80 Foster Bros. Security Systems, Inc. Keys& Padlocks 6077 29.72 G & K Services Shop Towel Service 6078 907.47 Gardenland Power Equipment Field Supplies 6079 43.05 Goodyear Tire Center Tire Repair 6080 97.40 GTE Wireless Cellular Phone Service 6081 1,000.00 Grant Thornton LLP Auditors Deposit 6082 1,442.58 Howard Rome Martin & Ridley LLP Obermayer Vs MROSD- Legal Services 6083 160.58 Jodi Isaacs Vehicle Expense 6084 607.20 Jobs Available Inc. Recruitment Advertisement 6085 180.00 Jobs in Government Recruitment Advertisement 6086 390.00 Job Trak Recruitment Advertisement 6087 255.00 Kangas Attorney Services Esperson-Rodriquez Vs MROSD-Legal 6088 291.46 Los Altos Garbage Company Dumpster Service 6089 411.75 Lucent Technologies Phone Installation Service Agreement 6090 63.09 MCI Worldcom Telephone Long Distance Service 6091 163.02 Marin Supply Company Restroom Supplies 6092 540.00 Marie McGough Accounting Consultant 6093 5,612.29 MetroMobileCommunications Radios and Radio Repairs 6094 695.00 Micro Accounting Solutions Computer Consulting Services 6095 310.86 Minton's Lumber& Supply Field Supplies 6096 1158.35 Moffet Supply Restroom Supplies 6097 225.00 Monster.Com Recruitment Advertisement 6098 954.35 Mountain View Garden Center Field Supplies 6099 4,011.05 Noble Ford Tractor, Inc. Tractor Parts and Repair 6100 33.63 Office Helper Products Office Supplies 6101 246.12 Pacific Bell Telephone Telephone Service 6102 13.45 City of Palo Alto Utilities Black Mountain Utilities 6103 176.03 Peninsula Blueprint Copy Service 6104 439.81 Pine Cone Lumber Co., Inc. Lumber& Bolts 6105 606.94 PIP Printing Newsletter, Map & Letterhead Printing 6106 674.63 Portola Park Heights Property Owner's Asso Slate Creek Road Agreement 6107 55.91 Precision Engravers Name Tag Printing 6108 1,000.00 Tom Randall Rental Agreement Page 1 Claims No. 99-09 Meeting 99-12 Date: May 12, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6109 8.66 Roberts Hardware Hardware 6110 2,020.02 Roy's Repair Service Vehicle Maintenance& Repair 6111 762.40 San Francisco Newspaper Agency Recruitment Advertisement 6112 649.80 San Jose Mercury News Recruitment Advertisement 6113 1,000.00 Saratoga Springs Staff Recognition Event Deposit 6114 315.36 Shell Oil Company Fuel 6115 269.96 Signs of the Times Signs 6116 i 117.8i Skyline County Water District Water Service 107.02 6117 77.63 Skywood Trading Post Fuel 6118 2,997.45 Summit Uniforms Uniforms 6119 150.75 Swift Attorney Services Process &Courier Service 6120 60.00 Terminix International Pest Control Service 6121 112.50 Transworld Media Group Recruitment Advertisement 6122 8,087.40 2 M Associates Consulting Services-Annexation 6123 3.57 Union 76 Fuel 6124 9.57 *1 UPS Parcel Post Service 6125 7.08 *2 UPS Parcel Post Service 6126 973.79 Verio Pacific Internet Installation & Service Provider 6127 97.65 Doug Vu Vehicle Expense 6128 179.67 West Group Payment Center Legal On-Line Service 6129 116.87 Michael Williams Vehicle Expense 6130 200.00 Woodside & Portola Private Patrol Secure Gates-Windy Hill Parking Lot 6131 204.80 The Workingman's Emporium Uniforms 6132R 27.50 Federal Express Express Mail 6133R 71.90 Home Depot Field Supplies 6134R 309.53 Kinko's Copy Service 6135R 88.01 Langley Hill Quarry Trail Materials 6136R 328.25 Merwin Mace Acquisition Consultant 6137R 1,399.67 Orchard Supply Hardware Field Supplies 6138R 1,577.07 Portola Park Heights Property Association Road Dues 6139R 9.57 *3 UPS Parcel Post Service 6140R 600.00 W. J. Sorich Enterprises Road Dues *1 Urgent Check Issued April 28, 1999 *2 Urgent Check Issued May 03, 1999 *3 Urgent Check Issued May 12, 1999 Total 47,587.43 Page 2 Regional Open )a c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-13 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS May 26, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 6:30 P.M. Members Present: Betsy Crowder, Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, and Deane Little Members Absent: None Personnel Present: Craig Britton, Sue Schectman, Del Woods, Michael Williams, John Escobar, Randy Anderson II. CLOSED SESSION J. Cyr stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session agenda Items 1 and 2. The Board recessed to Closed Session at 630 P.M. and the Closed Session commenced at 6:35 P.M. The Board concluded the Closed Session at 7:31 P.M. and J. Cyr called the Regular meeting to order at 7:34 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Personnel Present: Peggy Coats, Carleen Bruins, Mary de Beauvieres, Lori Raymaker, Paul McKowan III. SPECIAL ORDER OF THE DAY 1. Introduction of New Docents and Trail Patrol Volunteers-- C. Bruins C. Bruins introduced new docents who had recently completed 52 hours of classroom and field studies. She also introduced five outdoor education docents who had completed their training last fall, noting that the program will be offered twice this year. P. McKowan introduced hikers, bicyclists and dog-walkers who participated in the volunteer trail patrol training. C. Bruins noted that the official graduation would take place at the Cheers for Volunteers event on June 24. 330 Distel Circle - Los Altos, CA 94022-1404 * Phone: 050 091-1>00 FAX:650-091 0485 8 F-mail: mrosd 11openspace.org m Web site:www,ol)etislaace.org hoard of Dire(tors Pete Siemens,Mary C. Davey,led Cyr, De.3ne tittle, Nonette Hanko, Betsy Crowder,Kenneth C.Nil/ m G'Onerd M,md,e;er:t 0,iit,Britton Meeting 99-13 Page 2 Board members thanked staff and volunteers. N. Hanko expressed appreciation for the suggestions docents offer to improve the District's trails and programs. J. Cyr thanked the Docents and Volunteers on behalf of the District Board of Directors. 2. Resolution Honoring Verl Clausen, Retiring Director Sempervirens Fund. C. Britton noted that the date of the resolution should be May 26. Motion: M. Davey moved that the Board adopt Resolution 99-18, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending Verl Clausen Upon His Retirement From Sempervirens Fund. P. Siemens seconded the motion. Discussion: B. Crowder said Clausen would be missed and that the position is a hard one to fill. Vote: The motion passed 7 to 0. IV. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, said that during his absence from Board meetings he had received agendas, and asked if an organization chart including individual's names was available. Staff will provide one for Mr. Haeussler and for all Board members. V. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. M. Davey seconded the motion. The motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR K. Nitz removed agenda item 4, Authorization for the General Manager to Request a Shortened Review Period From the State Clearinghouse for the Proposed Negative Declaration to Purchase Lands of Arlie Land and Cattle Company to Establish the Bear Creek Redwoods Open Space Preserve. B. Crowder suggested that the reply to the letter from Ms. Paula Terrell contain reference to the fact that the project referred to is located in Cupertino and was approved by that agency. C. Britton said that information would be added. D. Little was informed that the radio controlnfr0m iders referred to in the written communication gl Wayne M. Peterson were silent. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including approval of the minutes of the March 24, 1999 Special (Workshop) and Regular Meetings; replies to written communications from Mr. Peter LaTourette, via electronic mail, petelatl@Stanford.edu; Ms. Paula Terrell, 1228 Brentmoor Way, San Jose, CA, Meeting 99-13 Page 3 95129, as amended; Mr. Wayne M. Peterson, Wayne M. Peterson Company, 212 Chapman Road, Woodside, CA 94062; and Ms. Paula Welmuth, 2468 Porterfield Court, Mountain View, Ca 94040; agenda item 3, Authorization for the General Manager to Execute a Right of Entry With CalTrans for Emergency Repairs to State Highway 35 (Coal Creek Open Space Preserve). and Revised Claims 99-10. K. Nitz seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 -Proposed Addition of Undivided Three-Quarter Interest in the Hubenette Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Hubenette Pro e�rty as Addition to Sierra Azul Open Space Preserve; and Indicate the Intention to Withhold Dedication of the Property as Public Open Space at this Time—(Report R-99-79). D. Woods presented the staff report and slides, and showed the location of the property. M. Williams outlined the terms and conditions of the acquisition. S. Schectman explained that quiet title is a legal procedure where you can clear up and take off any cloud that might be on the title. It is usually a summary process. C. Britton talked about the involved process of acquiring the three-quarters interest in the property, noting that M. Williams had spent a lot of time sorting out title and negotiating this transaction. Motion: B. Crowder 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 99-19, A Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Sierra Azul Open Space Preserve -Lands of Hubenette Et Al.); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the Hubenette property as an addition to Sierra Azul Open Space Preserve; and indicate their intention to withhold dedication of the property as public open space at this time. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2- Authorization for the General Manager to Execute a Permit to Enter Allowing Dirk and Charlene Kabcenell and Their Contractors to Enter Windy Hill Open Space Preserve for the Purpose of Collecting Survey Data and Conducting Geological Tests to Determine the Feasibility of Constructing an Alternate Access to the Adjacent Private Meeting 99-13 Page 4 Property from Alpine Road and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act—(Report R-99-78). M. de Beauvieres presented the staff report. She said the access from Alpine Road that did not cross District property was very steep and geologically unstable. The alternate alignment involved bridging El Corte de Madera Creek. She talked about the advantages and disadvantages of this alignment. She said a red-legged frog, a threatened species, had been found in Sausal Pond. P. Siemens said he thought the District should do whatever they can to facilitate access from Alpine Road. M. de Beauvieres said the proposed driveway would cross two trails. Staff has talked about the possibility, of installing a new trail once trail users cross the creek on the bridge if feasible. D. Little asked what the advantage was to the District of allowing a shorter driveway which would involve destruction of habitat when there is a road. M. de Beauvieres said there were a number of issues. Because of the development of parking along Portola Road, staff felt this was the best alignment. If the patrol road was developed to accommodate residents it could be paved. C. Britton noted that when staff originally negotiated staff wanted them to come in off Alpine Road, mainly because of conflicts with preserve users. He said this was a much more sensitive approach and staff feels this would benefit the District. The bridge would improve patrol access. In regard to the type of vegetation, M. de Beauvieres said there was some open grassland, with riparian vegetation around the creek. She said they might have to cut a few trees, but Portola Valley is very careful. Trenching would be similar to what went on in the meadow. There would be a maximum of 150 feet total, from 5 to 15 feet deep. Regarding D. Little's concern about trenching being destructive to the root zone of trees, S. Schectman said a condition could be added to the permit. Bob Stocker, the Kabcenells' architect, said they are extremely sensitive to the environment and will try to avoid every tree. Trenching is required to find the San Andreas Fault trace. He said there are several places to trench that would not impact trees at all. He explained how geologists determine the location of the trenches. In regard liability with the trenching, S. Schectman said the District has complete indemnity. H. Haeussler expressed support for the bridge, noting it would be a big help to users by providing an entrance to the area. Motion: B. Crowder moved that the Board determine that the project is categorically exempt from CEQA, based on the findings in this report; and authorize the General Manager to execute the Permit to Enter allowing the Kabcenells and two contractors to access Windy Hill Open Space Preserve for the purpose Meeting 99-13 Page 5 of collecting survey data and conducting geological tests to determine the feasibility of constructing an alternate access to the adjacent private property from Alpine Road. M. Davey seconded the motion. Amendment: D. Little moved that a condition be added to the contract be amended to provide that staff review the line of the trench in order to minimize damage to the tree root zones. K. Nitz seconded the motion. The motion passed 7 to 0. Vote on main motion: The motion passed 7 to 0 C. Agenda Item No. 4, Authorization for the General Manager to Request a Shortened Review Period From the State Clearinghouse for the Proposed Negative Declaration to Purchase Lands of Arlie Land and Cattle Company to Establish the Bear Creek Redwoods Open Space Preserve S. Schectman answered questions about negative declarations, explaining that under CEQA an environmental review must be conducted for any project. The review process is three- tiered: 1. Categorical exemption. 2. Negative declaration which requires going through a checklist of impacts, and 3. EIR(environmental impact review), which is the most extensive review. She also noted that a government agency is required by law to comply with CEQA before taking final action. Motion: K. Nitz moved that the Board adopt Resolution 99-20 a Resolution Authorizing the General Manager to Submit a Request to the State Clearinghouse for a Shortened Review Period for Proposed Negative Declaration Under the California Environmental Quality Act (Proposed Establishment of Bear Creek Redwoods Open Space Preserve-Purchase of Lands of Arlie Land and Cattle Company);M. Davey seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS N. Hanko congratulated M. Davey on being appointed to the County Committee on Stanford Land. She and B. Crowder will also be attending the meetings. M. Davey thanked N. Hanko for her gracious response and said she would do her best to represent all interests. N. Hanko reputed that last night's meeting of the Coastal Advisory Committee was canceled by Sup. Gordon. C. Britton said R. Anderson will take more of a leadership role, and he will meet with Sup. Gordon on a regular basis. He believes they will see a change in the direction of how meetings are run. Meeting 99-13 Page 6 P. Siemens: 1. There will be a Special District Association lunch meeting June 3 in Sacramento, and 2. Regarding the new sound system, M. Smith said they had received almost all the equipment. M. Davey: 1. B. Crowder and she attended the annual meeting for Committee for Green Foothills, and 2. She attended the first picnic of the San Mateo County Parks Foundation which is the fundraising enterprise to help develop and maintain parks. B. Crowder: 1. The Sierra Club put on an exhibit of photos of senior environmentalists. She and Wim de Wit are represented. 2. She shared an announcement for a conference called Reweaving the World which will be put on by the Society for Ecological Restoration at the Presidio. 3. She referred to an article in the magazine of Fish and Wildlife about formerly endangered birds on Devil's Slide Rock. 4. There had been an item in the San Jose Mercury News regarding Congressman Lofgren's bill to ease the shortage of religious workers. D. Little: 1. He referred to the letter from Joe Cernac expressing concerns about PG&E's grading on Woods Road. S. Schectman said the District is trying to hold them to the conditions of the permit. D. Little said he would like to see the District keeps on top of the matter. 2. He had been hiking and would try to cover all mapped trails. He was planned a pledge walk to raise money for Kid's Nature Express. C. Britton suggested having a kickoff event. J. Cyr: 1. He said he would like to participate in the pledge walk. 2. He had a thank you letter from Bill and Patsy Smith for a photo presented to them by the District. The Smiths were contributors to the District for the backpack camp at Black Mountain. 3. The Board appointee evaluation committee met on May 24. He described the process they would follow, including additional meetings of the subcommittee and meeting with the full Board in closed session. 4. He had an invitation to Larry Coons retirement party on June 18. C. Britton: 1. He attended Verl Clausen's going away party at Big Basin. 2. He had a notice of a going away party for Jim Sayres, Greenbelt Alliance, on June 3 in San Francisco. 3. Lee Bowman's retirement party will be on June 18. 4. He said he would be at conferences for the next Coastal Advisory Committee and Board meeting. J. Escobar will be attending those meetings in his absence. 5. There was a Bay Area Open Space Council meeting on the May 14. Senators Tom Hayden and Fred Keely spoke. Both of them have park bond bills in the legislature. I Escobar: 1. The FYIs included a summary of vandalism and other incidents at ECDM. Also included was a list of common names of plants mentioned in the Russian Ridge grassland management annual progress report for 1999. 2. He said the Marin Open Space agenda included an item about illegal trails. Staff had obtained a copy of the staff report. IX. ADJOURNMENT At 9:20 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 99-10 Meeting 99-13 Date: May 26, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6141 1,236.37 Acme & Sons Sanitation Sanitation Services 6142 391.78 Bailey's Field Supplies 6143 662.00 *1 California Department of Fish & Game Permit 6144 100.00 California Park& Recreation Society Recruitment Advertisement 6145 124.40 California Water Service Water Service 6146 303.00 Camino Medical Group Medical Services 6147 46.90 Cascade Fire Equipment Company Pumper Part 6148 66.57 Contemporary Engraving Name Plates 6149 87.50 D &J Plumbing Repair Parts 6150 1,190,00 Decatur Electronics Radar Unit 6151 1,200.00 Emily &Associates Planning Team Consultant 6152 164.65 Farrelle Communications Vehicle Repairs 6153 66.95 Foster Bros. Security Systems, Inc. Keys 6154 41.73 G & K Services Shop Towel Service 6155 352.02 Green Waste Recovery, Inc. Dumpster Service 6156 576.90 JBRO Batteries, Inc. Radio Batteries 6157 187.68 Jobs Available Recruitment Advertisement 6158 60.00 Matt Ken Reimbursement--Uniform Items 6159 797.95 Randy Klein Sediment Damage-Consulting Service 6160 935.20 Lanier Worldwide, Inc. Copier Lease Agreement 6161 133.64 Los Altos Garbage Company Dumpster Service 6162 112.84 Paul McKowan Vehicle Expense 6163 648.42 Micro Accounting Solutions Computer Upgrades 6164 50.00 City of Mountain View Recreation Division Facility Event Fee 6165 4,000.00 *2 Navarone Industries, Inc. Postage 6166 43.25 Northern Energy, Inc. Propane Service 6167 730.55 Office Depot Office Supplies 6168 12.77 Orlandi Trailer, Inc. Trailer Hitch Pins 6169 62.46 Pacific Bell Telephone Service 6170 174.01 Pip Printing Business Card Printing 6171 67.70 Precision Engravers, Inc. Name Tag Engraving 6172 34.13 Rayne Water Conditioning Water Service 6173 50.63 Recreational Equipment, Inc. Field Equipment 6174 1,127.82 Roy's Repair Service Vehicle Maintenance& Repairs 6175 114.75 Safety-Kleen Systems, Inc. Solvent Tank Service 6176 508.12 San Francisco Newspaper Agency Recruitment Advertisement 6177 1,557.85 San Jose Mercury News Recruitment Advertisement 6178 10.00 *3 San Mateo County Public Health Lab Tick Testing 6179 10.00 *4 San Mateo County Public Health Lab Tick Testing 6180 409.19 Silacci's Feed Barn Gates 6181 63.67 Skywood Trading Post Fuel 6182 1,200.00 *5 Oran L. Slaght Security Deposit-Sierra Azul 6183 19.24 *6 UPS Parcel Post Service 6184 1,020.00 Special Park Districts Forum Registration:C. Britton, K. Nitz & G. Baillie 6185 2,129.12 Stevens Creek Quarry Road Repair Materials 6186 53.04 Summit Uniforms Uniforms Pagel Claims No. 99-10 Meeting 99-13 Date: May 26, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6187 162.37 Teater& Etc. ROSS Brochure Photo Work 6188 759.29 Therma Corp. HVAC Repair-Distel Building 6189 1,676.53 United Rentals Rental Equipment--Field 6190 766.90 Vallen Safety Supply Company Safety Equipment 6191 193.42 Valley Saw, Inc. Tool Sharpening Service 6192 4,978.41 Visa 205.67- Uniforms 254.28 - Business Meeting Expense 1173.00-Conference Expenses 71.62 -Computer Expense 1626.95 - Board Room Audio Equipment 37.56-Vehicle Expense 550.00- Recruitment Advertisement 1059.33- Field Supplies 6193 225.00 Verio-VNC Remittance Center Internet Service Provider 6194 270.63 West Tek Supply, Inc. Field Supplies 6195 307.50 Whitmore, Johnson & Bolanos Legal Services 6196 300.00 Roberta Wolfe Recording Services 6197 31.93 The Workingman's Emporium Uniforms 6198 59.00 ZD Journals Newsletter Subscription 6199R 1,550.00 Lanier Worldwide, Inc. Copier Leases 6200R 1,800.00 Navarone Mailing Services Annual Report Mailing 6201 R 255.64 Pitney Bowes Credit Corporation Postage Meter Lease 6202R 525.00 *7 Santa Clara County Planning Office Certificate of Compliance Fee-Foster Acq. 6203R 276.50 Petty Cash Local Business Meetings, Fuel, Office Supplies, Film & Developing, & Nature Center Supplies *1 Urgent Check Issued May 19, 1999 *2 Urgent Check Issued May 19, 1999 *3 Urgent Check Issued May 13, 1999 *4 Urgent Check Issued May 17, 1999 *5 Urgent Check Issued May 19, 1999 *6 Urgent Check Issued May 18, 1999 *7 Urgent Check Issued May 26, 1999 Total 37,072.92 Page 2 Regional Open%ace ------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-86 Meeting 99-15 June 23, 1999 AGENDA ITEM 1 AGENDA ITEM Appointment of Peace Officer - ~- GENERAL MANAGER'S RECOMMENDATLO Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Appointing Peace Officer Jeffrey B. Smith. DISCUSSION At your meeting of January 14, 1976, you accepted the recommendation that District rangers be appointed as peace officers as outlined under Section 830.31(b) of the Penal Code of the State of California (see report R-76-2 dated January 7, 1976). Jeffrey B. Smith has met the necessary Penal Code requirements to qualify him for appointment. The passage of the attached resolution will complete the appointment process. Prepared by: Gordon Baillie, Operations Analyst Contact person: John Escobar, Assistant General Manager 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.orgf Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz -Genera!Manager:L.Craig Britton RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF TIE MIDPENTNSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated a peace officer of the Midpeninsula Regional Open Space District pursuant to 830.31(b) of the Penal Code of the State of California, to enforce the Midpeninsula Regional Open Space District Land Use Regulations, as set out in District Ordinance 93-1, and those state and local regulations related to the protection and safe use of District land, enforcement of which has been specifically authorized by the District. Jeffrey B. Smith Regional Openobace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-87 Meeting 99-15 June 23, 1999 AGENDA ITEM 2 AGENDA ITEM Award of Contract for Purisima Creek Trail Storm amage Repairs at Purisima Creek Redwoods Open Space Preserve GENERAL MANAGER'S RECOMMENDATION 1. Authorize the General Manager to enter into contract with Brazil's Excavating of San Gregorio in the amount of$115,445 for the Purisima Creek Trail storm damage repairs at Purisima Creek Redwoods Open Space Preserve. 2. Authorize the General Manager to approve incremental change orders to Brazil's Excavating for an amount not to exceed an additional $62,555 ($178,000 total with base contract) for supplementary repairs to Purisima Creek Trail, as identified in the engineering geologist's report considered at your March 10, 1999 meeting. DISCUSSION At your regular meeting on March 10, 1999, you authorized staff to solicit bids for Purisima Creek Trail storm damage repairs at Purisima Creek Redwoods Open Space Preserve. At that time, you also determined that the project is categorically exempt from the California Environmental Quality Act (see report R-99-07). The Base Bid and Alternate A contained in the bid documents were designed to address the FEMA-funded major repair sites identified in a report prepared by Tim Best, a consulting engineering geologist. The report was discussed at your March 10 meeting and was the basis for developing the bid documents. The base bid included sufficient equipment, labor and incidental materials to accomplish the repair work, while Alternate A provided for purchase of the large rock necessary for streambank stabilization at these locations. The use of the alternate was to afford the District the option to directly procure large rock for the project, if it was determined to be more cost effective. The bid price for the alternate was competitive with the price obtained separately by the District, and should be included in the contract award. In addition to the FEMA-funded locations, the project will repair other damaged areas, or areas which could potentially fail, as identified in the consultant's report. Since Mr. Best compiled the inventory of sites, a substantial slip-out has occurred in an area that was identified as a potential problem. 3 W Di,.tel Circle - I os Altos, CA 94022-1404 Phone: 050-091-1200 FAX: 050-091-04€35 - F-mail: mroscKt)openspa(e.org m Web Site: www.openspa(e.org Ho,it d of/htot tol Pete')crnen>,ti1,try C. 1),1%ey,led(yr, Dcane 1_ittIe '�onctte I lanko, &4 ti Cro%\rler, KennelIi C. Nitr It ax i d \t<m,x;cv:t (7ai rltl(ln R-99-87 Page 2 The objective of the additional funds requested for change orders is to complete repairs or preventative measures for as many areas as possible within the total $200,000 allocated for the project in the 1999-2000 FY budget. A notice to bidders was advertised in the San Jose Mercury News on May 23, 1999. Copies of the plans and specifications were given to four local builder's exchanges, and a notice to bidders was sent to six potentially interested contractors. A mandatory pre-bid meeting was held on-site on June 1, 1999. Three contractors attended.. Sealed bids were due on Monday, June 14, 1999. Three bids were received, which are summarized in the breakdown below. Because there was an add alternate item in the bid, the selection of the apparent low bidder was done "blind"; in other words, the staff person doing the selection did not know which bidder went with each set of figures, which were read off by another staff person who opened the bids. Item Austin Construction Brazil's Excavating TKO Construction Base Bid Total $104,492.20 $ 83,945.00 $ 89,918.00 Alternate A $ 25,788.00 $ 31,500.00 $ 31,675.00 Total of Base Bid & Alternate A $130,280.20 $115,445.00 $121,593.00 (low bid, per category, in bold) As a result, the low bid was selected on the basis of the base bid, plus the alternate. Staff recommends award of the contract to Brazil's Excavating of San Gregorio, for the amount of $115,445. Staff intends to enter into a contract for the professional services of a construction manager to act as an on-site project coordinator. This individual will direct the daily activities of the contractor, keep the daily reports, and work in concert with John Cahill, Planner II. The contract will be on an hourly basis for work performed, estimated to be $8,400 for the duration of the project, but not to exceed $10,000. Other estimated project costs include $16,500 for engineering and geological consultants and $2,100 for permits. In addition to the $200,000 for storm damage repairs, $30,000 was included in the 1999-2000 FY budget for relocation or disposition of the Grabtown Gulch bridge. FEMA approved $28,820 to replace the footings of the bridge in its current location. The Board subsequently determined that the bridge will be removed and a loop trail created. Staff is currently studying the feasibility of using the Grabtown Gulch bridge to replace one of the existing Purisima Creek bridges. As part of the current project, staff proposes to remove the Grabtown Gulch bridge from its current collapsed location and store it on-site. This is not expected to exceed $5,000, which would augment the $200,000 stream repair budget. Estimated project costs are presented in the following table: R-99-87 Page 3 Item Estimated Cost Permits $2,100 Engineering and geological consultants 16,500 Contract site supervisor 8,400 Base bid and Alternate A 115,445 Anticipated Change Orders (including bridge removal and storage) 62,555 TOTAL (Budget $200,000) $205,000 FEMA-funded amounts 105,388 NET PROJECT COST $94,612 At present, a grading permit exemption has been requested from the San Mateo County Planning Department. A California Department of Fish & Game permit is also in process. Approval is expected shortly. Provided that the necessary permits are received by Thursday, July 15, 1999, a pre-construction conference will be held on that day, and construction will commence on Monday, July 19, 1999. Project completion is anticipated by early September 1999. During construction, the Higgins-Purisima Road parking area and trails affected by the repair operations will be closed to the public on weekdays. Signs will be installed to explain the situation to preserve visitors. Trails are expected to be re-opened to the public on weekends. Prepared by: John Cahill, Planner II Contact person: Same as above Regional Open ,.)ace R-99-88 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-15 June 23, 1999 AGENDA ITEM 3 AGENDA ITEM Acceptance of Gift of the San Jose Water Company Trai ment as An Addition to Kennedy Limekiln Area of Sierra Azul Open Space Pre ry GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution accepting the gift of the San Jose Water Company trail easement. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the trail easement as an addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to dedicate the trail easement as public open space. DESCRIPTION (see attached Location Map) The trail easement is located on the east side of Lexington Reservoir between Lexington Reservoir County Park and the Kennedy Limekiln Area of Sierra Azul Open Space Preserve. The trail easement is currently undeveloped and approximately one-half mile in length, crossing the northwest corner of lands owned by San Jose Water Company. The trail easement will provide the middle segment of a longer proposed trail route that will connect between the lower portion of the County Park and the District's Priest Rock Trail near the 1,500-foot elevation. The trail will offer widespread views of Lexington Reservoir basin and provide a link in what could become a loop trail by connecting to the lower portion of the Priest Rock Trail and a planned trail along the perimeter of the reservoir. The trail easement and surrounding San Jose Water Company land is situated on the north side of Soda Springs Canyon and bounded by District land to the south, east, and northwest, County parklands to the south, west, north, and a private parcel to the northwest. The trail easement generally follows a moderately steep ridge that originates near the mouth of Soda Springs Creek and climbs towards Priest Rock, located on the Kennedy Limekiln Area of the Sierra Azul Open Space Preserve. Oak woodlands and grassy slopes are located on the lower ridge while chaparral dominates the San Jose Water Company property. Near the north end of 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 R-99-88 Page 2 the trail easement there is a prominent hilltop which will be ideal for picnicking and enjoying the view of Lexington basin. A number of trail remnants in the area may be incorporated into the eventual trail route. Implementing the trail easement will require cooperation between the District and Santa Clara County Parks Department due to land ownership pattern and the proposed alignment crossing through two portions of the County Park, San Jose Water Company land and District open space preserve. The trail is desirable to both agencies because it will serve as an alternative to the nearby Moody Trail that was closed in September 1997 because of its steepness and severe erosion problems (see Report R-97-135). USE AND MANAGEMENT PLAN Planning Considerations The trail easement is located within the unincorporated area of County of Santa Clara and zoned HS (Hillside). The surrounding land is privately owned and managed for watershed purposes by San Jose Water Company, a water utility company that provides water service to County residents. The property at both ends of the trail easement are managed by the Santa Clara County Parks Department. The route of the trail easement will generally follow the alignment shown on the map and as permitted by the area described in the Easement, but will be more precisely determined prior to construction. The lower portion of the trail easement can be reached on a well maintained patrol road located on the County Park. Above the park, the slopes become extremely steep and the planned trail will need to traverse the slopes with a number of switchbacks in order to maintain grades that will not exceed 10%. The actual trail alignment will be jointly planned and approved by the District and Santa Clara County Parks Department, and reviewed with San Jose Water Company. The Bay Area Ridge Trail is planned to follow the Priest Rock Trail and Wood Road corridors between Lexington Reservoir and Almaden Quicksilver County Park. This gift of a trail easement will provide a desirable trail connection to the Bay Area Ridge Trail. It may also provide a connection to future trails near the perimeter of the reservoir. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Future proposed changes to land use will be subject to further environmental review and public input. Public Access: Jointly plan with Santa Clara County Parks and Recreation a connecting trail from the Lexington Reservoir County Park to Priest Rock Trail. R-99-88 Page 3 Name: Name the trail easement as an addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve. Dedication: Indicate your intention to dedicate the trail easement as public open space at this time. CEQA COMPLIANCE Project Description The project consists of accepting a gift of a one-half mile trail easement on the east side of Lexington Reservoir. The trail easement is currently undeveloped but will ultimately be developed for public use. When open, it will connect a portion of Lexington Reservoir County Park to the Priest Rock Trail at the Kennedy Limekiln Area of Sierra AM Open Space Preserve. The trail will be jointly planned with Santa Clara County Parks and Recreation and will be included in the Comprehensive Use and Management Plan for the Sierra Azul Open Space Preserve. 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, Sections 15317 and 15061 as follows: Section 15317 exempts the acceptance of easements in order to maintain the open space character of an area. The District will acquire an easement and maintain the open space character of the area. The public trail easement will preclude development of the area. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS The District is receiving a gift of a public trail easement from San Jose Water Company (SJW). The trail easement will traverse SJW land along the south facing slopes of the Soda Springs Canyon overlooking the scenic Soda Springs Creek. This trail easement will link Santa Clara County Park land (former Feehan property) to the District's Priest Rock trail. The District has had ongoing discussions with SJW regarding the potential acquisition of their 330- acre property along Soda Springs canyon as part of the Caltrans Environmental Enhancement Mitigation (EEM) Grant applications awarded in 1994 and 1995. These grants are for land acquisition in the Limekiln Canyon and Soda Springs Canyon of Sierra AM Open Space Preserve. After numerous acquisition discussions with the District, SJW ultimately decided to retain their property as watershed holdings and not sell their property at this point in time. R-99-88 Page 4 However, SJW agreed to grant the District a trial easement which will link the Soda Springs and Limekiln watersheds, and meet a key objective of the original grants. Public Notification Property owners of lands located adjacent to and surrounding the subject trail easement have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative Contact Person: Michael C. Williams, Real Property Representative MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ........................ R V" .5. 'N'1*f-.:�*X'- 'a::m W a .......... 24 ............. ZZ mm ........... ............... ........... ---3 ' gm WINE �--PARCE-1660 2-1 ......... mg-g-w YR PU LICTRAILK" E SEMENT .... .... ---- - - m 5g. ..............1-1.—. ..... .. ggs: '-V V"" r.......... ------- mg 0i 009 ................... N' LOCATION MAP 0.0 0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0 3199 Mile RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF EASEMENT DEED AND AUTHORIZING EXECUTION OF CERTIFICATE OF ACCEPTANCE WITH RESPECT THERETO (SIERRA AZUL OPEN SPACE PRESERVE-LANDS OF SAN JOSE WATER COMPANY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept, with gratitude, the gift of a trail easement described on Exhibit A, affixed hereto and by this reference made a part hereof, and to be conveyed by Easement Deed from San Jose Water Company to the Midpeninsula Regional Open Space District. Section Two. The President of the Board, or other appropriate officer, is authorized to execute a Certificate of Acceptance for said Easement Deed being donated to the District. Section Three. The General Manager of the District shall cause to be given appropriate notice to the donors of the acceptance of this gift. The General Manager is further authorized to execute any and all other documents necessary to the closing of this transaction. Section Four. The General Manager of the District is also authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, survey costs and other miscellaneous costs related to this transaction. * * * * * * * * * * * * * * * * * * * * * * * * EXHIBIT A A non-exclusive public trail easement, approximately thirty (30) feet in width (consisting of a trail 10 feet in width and buffer zones 10 feet in width on each side of the trail), for public pedestrian, equestrian and non-motorized public trail purposes and ingress and egress for District purposes. Motorized vehicular use shall be limited to those vehicles of District employees, contractors and agents. The public trail easement affects that certain real property situated in the unincorporated area of the County of Santa Clara, State of California and further described as follows: PARCEL ONE: The East half of the Southwest quarter of Section 33, Township 8 South Range 1 West, M.D.B. & M., excepting therefrom those portions thereof described as Parcels 1-L-95 and 2- L-95 in deed to Santa Clara Valley Water Conservation District, recorded in Book 2744 at page 57 Official Records County of Santa Clara, and being Lot No. 85-Revised on Map No. 126 San Jose Water Works Lands, filed for record November 10, 1953 in Book 45 of Maps at Page 52 Official Records Santa Clara County. Portion of APN 558-36-004 PARCEL TWO: That portion of the Southeast one-quarter of Section 33, Township 8 South, Range 1 West, M.D.B. & M. being Lot 10 on Map No. 7 of San Jose Water Co. Lands on the Map filed for record April 11, 1911 in Book N of Maps at page 38 Official Records Santa Clara County, and being more particularly described as follows: Beginning at a point distant South 4.10 chains from the 1/8 Section corner on the Easterly Section between the Southeasterly 1/4 of section 33, Township 8 South Range 1 West, M.D.B. & M., thence the following courses and distances; South 69° 12' West 1.57 chains; South 19° 30' West 1.65 chains; South 58° 30' West 1.72 chains; South 39° 00' West 0.95 chains; South 7° 30' West 1.03 chains; North 75° 30' West 1.62 chains; North 83° 00' West 3.28 chains; North 54° 30' West 2.10 chains; South 25° 00' West 1.45 chains; South 48° 00' West 1.87 chains; North 30* 00' West 1.75 chains; N. 65° 00' West 2.36 chains; North 75° 00' West 3.15 chains; South 70' 00' West 1.76 chains; North 82' 30' West 2.47 chains; North 68° 30' West 1.46 chains; South 71° 30' West 5.10 chains; South 42° 30' West 2.75 chains; South 57° 00' West 2.25 chains; South 85° 00' West 3.05 chains; South 49° 00' West 2.80 chains; South 26° 35' West 0.73 chains; North 1' 30' East 33.35 chains more or less to the Northwesterly corner of the Southeast quarter of Section 33, Township 8 South Range 1 West M.D.B.& M., thence South 88° 30' East 39.49 chains to the Northeast corner of the Southeast quarter of said Section 33 T 8 SR 1 W. M.D.B.& M., thence South 24.10 chains, to the point of beginning. APN: 558-36-002 Regional Oped 0pace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-90 Meeting 99-15 June 23, 1999 AGENDA ITEM 4 AGENDA ITEM Ratification of the Signature of the President of the B9arrd of Directors on the Amendment to the Deer Hollow Farm Agreement. GENERAL MANAGER'S RECOMMENDATI Ratify approval and authorization for the President to sign the "First Amendment to the Agreement Among the City Of Mountain View, the Midpeninsula Regional Open Space District and the County Of Santa Clara" on behalf of the Board. DISCUSSION At the meeting of June 9, 1999, you approved the three-party amendment to the Agreement for Deer Hollow Farm and authorized execution thereof by the General Manager. However, the signature of the President of the Board of Directors was required on the document and it has now been signed by him. Also, subsequent to Board approval, two minor corrections were made in the documents that were then approved by the City and by the County. In Paragraph 3, "Agreement" was substituted for"Site Lease" to accurately reflect the document being amended. The other change corrected the spelling of the District Clerk's name in the signature block. Neither change is material to the Amendment as approved and ratification of the signature of the President of the Board on the Amendment, corrected as discussed above, will ensure the accuracy of District records regarding this transaction. Prepared by: Duncan M. Simmons, Research Attorney Contact Person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 FAX: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko, Betsy Crowder, Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open ,.,ace 1 R-99-91 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-15 June 23, 1999 AGENDA ITEM 5 AGENDA ITEM Approval of Retainer Agreement With Environmental Science Associates and Authorize Payment For Services in a Total Amount Not to Exceed $20,000 GENERAL MANAGER'S RECOMMENDATION 1. Approve the attached letter agreement for environmental planning services with the environmental planning firm of Environmental Science Associates. 2. Authorize the General Manager to sign the agreement on behalf of the District and authorize initial payment for services in a total amount not to exceed $20,000. $10,000 has already been approved under the General Manager's authorization. DISCUSSION Since your approval of the option and lease agreement for lands owned by Arlie Land and Cattle Company on March 10, 1999, the District has been working on real estate matters and environmental planning issues that would enable your consideration of exercising an option to acquire the 1,071-acre property by June 30, 1999. In anticipation of your consideration and possible action to acquire the property, the services of Environmental Science Associates (ESA) has been enlisted to prepare the required environmental documents, including an Initial Study and Proposed Negative Declaration. Initially, the estimated expenditure for this service was $10,000 and was approved under the authority of the General Manager on May 9, 1999. Subsequent to the initial agreement, the scope and cost of the environmental planning services has been expanded and is now anticipated to range from $15,000 to $20,000 in total costs on a time and materials basis. The service includes the already completed Initial Study and Proposed Negative Declaration as well as a Mitigation Monitoring Program and assistance with responding to comments on the environmental documents. Since these services will exceed the General Manager's level of authorization, they require Board approval in order to be paid. Additional costs are not anticipated in the future as the need for these services will not continue once the Board has taken action on the Proposed Negative Declaration. Prepared by: Del Woods, Senior Acquisition Planner Contact person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz •General Manager:L.Craig Britton 1un-17-99 03:24m From-ENVIROW' 'CIENCE ASSOCIATES T-942 P 01/02 F-T29 Environmente! Seeente Anaciotes June 17, I999 VIA FACSIMILE(No.65"91-0485) Del Woods Senior Acquisition Planner Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 Re: Letter of Agreement II—Alma ColleggMear Creek Redwoods Open Space Preserve(ESA No- 990248) Dear Del: As we discussed on May 27, 1999,ESA requests approval a second letter of agreement between ESA and the Midpeninsula Regional Open Space District("the District")for additional time and materials expended preparing an Initial Study for the 260-acre addition to Bear Creek Redwoods Open Space Preserve. As you have requested,this new letter of agreement would also include time and materials required to assist the District to prepare responses to public comments,and to assist the District to prepare a Mitigation Monitoring Program. This letter also responds to your request that ESA outline areas in which ESA's work on the Bear Creek Initial Study exceeded ESA's understanding of the project,and the information at hand at the time the letter of agreement was executed on May 9, 1999_ As you know,the May 9"'letter of agreement was based on the description of the project included in the agreement,and the need to expedite preparation and circulation of the Initial Study before the District's option to buy the property expired. The following factors contributed to additional work for the Initial Study portion of the project: 1. Expansion and refinement of the analysis of activities related to the project; 2. Clarification of the existing setting; 3. Clarification of the District's role in managing the project site; 4. Expanded coordination and consultation with District staff and counsel concerning legal and strategic aspects of the Initial Study; S. Shortened Time; The project was a rush project,eliminating the possibility of submitting a data request to and obtaining a response from the District. As a result,the necessary information developed slowly, sometimes substantively changing portions of the Initial Study_ 2Z3 Bush Ste.et,Suice 1700 San Fnacs�ico,C&ltforwa 94104 (415)896-5900 fax 896.0332 emati,esa sE6dEus�c�c.com Jun-IT-99 03:24Rm Fram-ENVIROVE►' "CIENCE ASSOCIATES T-942 P 02/OZ F-TZ9 Emiea+me»ol r Scierace Associvros ESA requests a new or modified letter of agreement,not to exceed SIO,OW,estimated as follows: Additional labor expended for the Initial Study and Proposed Negative Declaration $3,500 Materials charges 500 Assistance with responses to public comments(est.) 3,000 Mitigation Monitoring Program(est.) 3,000 Total $10,000 The additional labor charges for the Initial Study and Proposed Negative Declaration resulted primarily from the need to consult with additional ESA staff,as follows: Peter Hudson,ESA geologist($85/hr.);Jeff Langman,ESA hydrologist($55/hr.);Jack Hutchison,transportation analyst($105lhr.). Additional and unanticipated time was also required by Deborah Kirtman($65Jhr.),Bob Vranka($130/hr.)and myself ($150/hr.). Should additional effort be required beyond that shown in the cost estimate,ESA would notify the District and,upon authorization,would perform the required additional work. If the terms of this contract modification are acceptable to you,please sign,date and return a copy of this letter to us at your earliest convenience_ Thanks you for your attention to this matter. Please feel free to contact me or Deborah Kirtman if you should have any questions or need any further information. Sincerely, Accepted: By.- Marty Abell,AICP Vice President Title: Date: CC: Deborah H. Kirtman The estimates for assistance with responses to public comments and a Mitigation Monitoring Program each assume an estimated maximum of 30 hours for Deborah Kirtman($65/hr.)and 7 hours for Marty Abell($150/hr.). Regional Open*pace R-99-89 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-15 June 23, 1999 AGENDA ITEM 6 AGENDA ITEM Approval of Settlement Agreement: Midpeninsula Re 'oval Open Space District v, Esperson- Rodrigues Development Company et t al. DISTRICT LEGAL COUNSEL'S RECOMMENDATIONS 1. Approve the attached Settlement and Release Agreements approving settlement of the matter of Midpeninsula Regional Open Space District v. Esperson-Roddsm Construction Companyet al. in the amount of$75,000. 2. Authorize the Board President and General Manager, subject to approval of District Legal Counsel, to execute all documents necessary to implement the Settlement and Release Agreements, including approval of any necessary minor corrections or minor grammatical or technical changes to the attached Agreements which do not involve any material change to any material term of the Agreements. DISCUSSION In 1996 work was undertaken on a substantial renovation of a home located at 1391 La Honda Road in Woodside, adjacent to the District's Thornewood Open Space Preserve. Sometime in September or October of 1996, it was discovered that construction equipment had crossed over the preserve boundary, graded a significant area, and removed approximately 12 trees. Efforts to resolve the matter with the general contractor and agree upon a revegetation and remediation plan for the preserve were unsuccessful. The Town of Woodside issued a violation notice and required the owner to obtain a Site Development Permit. The Town's Conditions of Approval for the permit required on-site repairs and remediation work to correct erosion and drainage problems and addressed some of the work required to remediate off-site impacts on the preserve. However, there remained significant issues which could not be resolved through the Town's permit process. As a result, the Board authorized the filing of a lawsuit to recover the District's costs of remediation and the loss of the value of the trees. The suit was filed in June 1998 against the general contractor, Esperson Construction Company;the property owner, John E. Turns; and other parties involved with the development. Over the past several months, the parties have exchanged relevant documents and taken depositions of key witnesses. Experts in tree appraisal were retained by both sides and disagreed sharply as to the value of the trees. Ultimately, the insurers representing the defendants requested the District to participate in informal mediation to attempt to settle the lawsuit without further costs of litigation. 330 Distel Circle - Los Altos, CA 94022-1404 < Phone:650 691-1 200 FAX:650-691-0485 - E-mail: mrosd@openspace.org - Web site:www.openspace.org Roarrl of Director,:Pete Sien'ien,,Mary C. Davey,!ed Cyr, Deane Little, Nonetter f lanko, Betw Crowder, Kenneth C. Nit/ -General Manager:I_Craft;Britton R-99-89 Page 2 On June 7 and 9, 1999, mediation sessions were held. A tentative settlement in the amount of $75,000 was agreed upon. The settlement is subject to the approval of the Board and also requires approval of the U. S. Bankruptcy Court, as one defendant filed bankruptcy in March 1999. A motion for approval by the Court has been filed and is set to be heard on July 1, 1999. Approval by the Court is expected, as no objections are anticipated and the request is routine. In addition to staff time, the District has incurred considerable costs in pursuing the remediation of the damage to the Preserve and in filing this lawsuit to recover its damages. Estimated costs are: Irvine& Cooper(law firm) $10,000 Costs of suit(depositions and document production) 5,000 Tree value appraisal 1,400 Habitat restoration plan 1,000 Bankruptcy proceedings- Murray&Murray(law firm 4,000 required to file objection to dismissal of debt to District in bankruptcy and motion to approve settlement) Mediatior's fee _ 600 TOTAL $22,000 Even given these costs, the net recovery to the District of approximately$53,000 is more than ample to cover all expected costs of remediation, represents a fair value for the trees, and is considered a favorable outcome by District Legal Counsel and staff. Accordingly, District Legal Counsel recommends approval of the attached Settlement Agreements by the Board. Prepared by: Susan M. Schectman, District Legal Counsel Contact person: Same as above 06/17/99 13:51 0408 286 0337 EABKD SAN JOSE 0003/016 SETTLEMENT AND RELEASE AGREEMENT FOR AND IN CONSIDERATION OF the payment of TEN THOUSAND DOLLARS ($10, 000.00) , the receipt of which is hereby acknowledged, THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (hereinafter "Releaeor") , does hereby release and discharge, and by this release does for itself, its agents and assigns, hereby forever release, acquit and discharge ISAAC RODRIGUES, including and any and all of his agents, employees, assigns, successors in interest, attorneys and insurers, and all other persons, firms, partnerships, or corporations or other business entities with whom the above-named releasee has been, are now, or may hereafter be affiliated with (hereinafter "Releasees") from any and all claims, demands, obligations, and causes of action of every kind and nature, known and unknown, existing, claimed to exist or which can hereafter ever arise out of or result from or in connection with the conduct of releasee, the facts of which, in part, are set forth in that certain lawsuit filed in the Superior Court of California, County of San Mateo, Case Number 405148, entitled "MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a special district vs. ESPERSON-RODRIGUES DEVELOPMENT COMPANY, LLC, KEMVETH A ESPERSON, JR. , ISAAC RODRIGUES, L70HN E TURNS, ESPERSON CONSTRUCTION COMPANY, INC. ESPERSON- RODRIGUES CONSTRUCTION, A. W. ESPERSON COMPANY, INC. , THE ALBERT W.TLL.TAM ESPERSON COMPANY, INC. , and DOE ONE through DOE TWO HU=RSD. " 1. Releasor agrees as further consideration and inducement for this compromised settlement that it shall apply to all unknown and unanticipated damages resulting from said occurrences, as well 06/17/99 13:51 0408 286 0337 EABKD SAN JOSE Z004/016 as those now disclosed. The provisions of Section 1542 of the Civil Code of the State of California are hereby expressly waived, and Releasor understands that said section provides: A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. 2. Releasor has been fully advised and understands that the losses claimed to have been sustained by Releasor are of such a character that the full extent and type of losses are not known at the date hereof, and it is fully understood that said losses, whether known or unknown at the date hereof, might possibly become progressively worse and that as a result thereof further damages may be sustained by Releasor. Nevertheless, Releasor desires by this release to forever and fully release and discharge the parties herein released and discharged and understand that by execution of this instrument no further claims may ever be asserted by Releasor pertaining to the matters referenced in this document. 3 . The liability for all claims referenced in this release is denied by the Releasee and this final compromise and settlement thereof shall never be treated as an admission of liability or responsibility at any time for any purpose. 4 . Releasor hereto declares that its decision in executing this Settlement and Release Agreement is not predicated on, or influenced by, any declaration or representation of any other party, but solely on the conditions, covenants, and agreements contained in this Settlement and Release Agreement and the concurrent Settlement and Release Agreement executed betwen 2 06/17/99 13-52 12408 286 0337 EABKD SAN JOSE zoos/016 Releasor and Esperson-Rodrigues Development Company, LLC, Kenneth A. Esperson, Jr. , John E. Turns, Esperson Construction Company, Inc. , A. W. Esperson, Inc. and The Albert William Esperson Company, Inc. pertaining to the aforementioned lawsuit which is the subject of this Settlement and Release Agreement . 5. it is hereby warranted and represented that the signatory party to this agreement has the right and authority to execute this Settlement and Release Agreement and receive the sums specified in it as to the claims, demands, obligations, or causes of action referred to in this release; and that it has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement and Release Agreement, and will not do so concurrently with the execution of this agreement, or after its execution. 6. This agreement shall inure to the benefit not only of the Releasor hereto, but also to each and every one of its respective agents, representatives, employees, attorneys and insurers, whether primary or excess, and also to the respective assigns and succes- sors in interest of each party hereto. 7. Releasor agrees to bear its own costs and expenses, including attorney's fees, incurred in connection with the litigation specifically identified herein, and no party to this agreement will make any claim against any other party to this agreement for such costs and expenses, B . Releasor hereby represents that it has carefully read each term of this Settlement and Release Agreement and understands the contents hereof and has executed this agreement voluntarily and has not been influenced by any person, persons, or attorney acting 3 06/17/99 13.52 0408 286 0337 EABKD SAN JOSE Z 006/016 on behalf of any party and understands that, after signing this agreement, each party to this agreement cannot proceed against any other party to being released by this agreement on account of any of the matters recited herein, and each party to this agreement covenants and agrees that it will not, at any time hereafter, attempt to assert any claim or commence, maintain or prosecute any action at law, in equity, or otherwise against the parties to this agreement, or any of them, or any of the parties to which this agreement inures, upon or on account of any loss, damage, claim, demand, action or cause of action of any kind or nature, whether known or unknown, arising out of or in any manner connected with the subject matter of this Settlement and Release Agreement. 9. This Settlement and Release Agreement contains the entire agreement between the parties hereto and its terms are contractual and not merely a recital . 10 . It is expressly understood and agreed that there have been no promises or representations expressed except as expressly provided herein. 11. Releasor hereby declares and represents that it is effecting this Settlement and Release Agreement after having received full legal advice as to its rights from its attorney. 12 . if litigation is instituted to enforce any aspect of this release, the prevailing party shall be entitled to its attorney's fees and costs. 13 . Releasor understands that if the facts with respect to which the Settlement and Release Agreement is executed and the dismissals herein provided are made, are found hereafter to be other than or different from the facts now believed by it to be 4 06/17/99 13:53 0408 286 0337 EABKD SAN JOSE Z007/016 true, it expressly accepts and assumes the risk of such possible differences in facts and agree that this Settlement and Release Agreement shall be and remain effective notwithstanding such difference in facts. 14 . This settlement is subject to the approval of the Board of Directors of the Midpeninsula Regional Open Space District, which is scheduled to meet on June 23, 1999, or as soon thereafter as this matter may be agendized, and is also subject to the approval of the U.S. Bankruptcy Court for Northern California, Case No. 99-42272-NG-13 . Plaintiff/Releasor shall be solely and completely responsible for obtaining said approval of the Bankruptcy Court and will use all due diligence and good faith to obtain said approval. 15 . Releasor acknowledges that at the time this release and settlement agreement was entered into, the Midpeninsula Open Space Regional District had obtained a default against ISAAC RODRIGUES. It is hereby represented and warranted by Releasor that no judgment has been entered against ISAAC RODRIGUES in this matter, and to the extent that a judgment has been entered against ISAAC RODRIGUES, the Midpeninsula Open Space Regional District agrees and covenants not to execute on the judgment. 16. Releasor hereby authorizes and directs its attorney of record to forthwith dismiss with prejudice the aforementioned lawsuit against ISAAC RODRIGUES upon occurrence of the conditions set forth in paragraph 14 herein and with each party to bear its or his own costs and attorney' s fees. 17. Releasor hereby authorizes and directs that the payment of settlement monies referenced herein shall be made by check or 5 06/17/99 13:53 0408 286 0337 EABKD SAN JOSE Z 008/016 draft payable to Releaser, The Midpeninsula Regional Open Space District, and said check or draft is to be delivered to counsel of record for Releaser. IN WITNESS WHEREOF, THE UNDERSIGNED HAS HEREUNTO SET ITS HAND THIS DAY OF , 1999. THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Its Approved as to form: SUSAN M. SCHECHTMAN, District Legal Counsel Attest : PEGGY COATES, District Clerk Approved: GREGORY M. GENTILE, Attorney for Kenneth A. Esperson, Jr. and Esperson Construction Company, Inc. 6 06/17/99 13:53 '0408 286 0337 EABKD SAN JOSE [&Q9/016 IN WITNESS WHEREOF, THE UNDERSIGNED HAVE HEREUNTO SET THEIR HANDS THIS DAY OF , 1999 . THE MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT By: Its Approved: Approved as to form: TUVANA JEFFREY, SUSAN M. SCHECHTMAN, Attorney for John E. Turns District Legal Counsel Attest: GREGORY M. GENTILE, Attorney for Kenneth A. Esperson, Jr. and Esperson PEGGY COATES, Construction Company, Inc. District Clerk 7 06/17/99 13:53 0408 286 0337 EABKD SAN JOSE Z010/016 SETTLEMENT AND RELEASE AGREEMENT FOR AND IN CONSIDERATION OF the payment of SIXTY-FIVE THOUSAND DOLLARS ($65, 000. 00) , the receipt of which is hereby acknowledged, THE MTDPENTNSULA REGIONAL OPEN SPACE DISTRICT (hereinafter "Releasor") , does hereby release and discharge, and by this release does for itself, its agents and assigns, hereby forever release, acquit and discharge ESPERSON-RODRIGUES DEVELOPMENT COMPANY, LLC, KENNETH A. ESPERSON, JR. , JOHN E. TURNS, ESPERSON CONSTRUCTION COMPANY, INC. , A. W. ESPERSON COMPANY, INC. , and THE ALBERT WILLIAM ESPERSON COMPANY, INC. , including and any and all of their agents, employees, assigns, successors in interest, attorneys and insurers, and all other persons, firms, partnerships, or corporations or other business entities with whom the above-named ReleaBees have been, are now, or may hereafter be affiliated with, except ISAAC RODRIGUES, who is the subject of a separate Settlement and Release Agreement being executed concurrently (hereinafter "Releaseeall) from any and all claims, demands, obligations, and causes of action of every kind and nature, known and unknown, existing, claimed to exist or which can hereafter ever arise out of or result from or in connection with the conduct of releasees, the facts of which, in part, are set forth in that certain lawsuit filed in the Superior Court of California, County of San Mateo, Case Number 405148, entitled 'IM17DPENINSULA REGrONAL OPEN SPACE DISTRICT, a special district vs. ESPERSON-RODRIGUES DEVELOPMENT COMPANY, LLC, KENNETH A ESPERSON, JR. , ISAAC RODRIGUES, .7ORN 9 TURNS, ESPERSON CONSTRUCTION COMPANY, INC. , ESPERSON-RODRIGUES CONSTRUCTION, A.W. 06/17/99 13:54 '0408 286 0337 EABKD SAN JOSE Z011/016 ESPERSON COMPANY, INC. , THE ALBERT WILLIAM ESPERSON COMPANY, INC. , and DOE ONE through DOE TWO HUNDRED. " The aforementioned settlement will be funded as follows: $32,500. 00 from Jefferson Insurance Company on behalf of Esperson Construction Company, Inc. and Kenneth A. Esperson, Jr. ; $32, 500 from CNA Insurance on behalf of John E. Turns. As a consequence of the aforementioned lawsuit filed by Releasor, mutual cross-complaints for indemnity and contribution have been filed by Kenneth A. Esperson, Jr. and Esperson Construction Company, Inc. and John E. Turns. It is hereby agreed by counsel for Kenneth A. Esperson, Jr. and Esperson Construction Company, Inc. and counsel for John E. Turns that they will submit the issue of the cross-complaint a as to indemnity, contribution and allocation of liability to binding arbitration, and will not seek redress by way of the Superior Court. Releasor will not be a party to such arbitration and will incur no cost, liability or obligation of any kind as a result thereof. The results of such arbitration shall affect no rights of Releasor under this agreement. 1. Releasor agrees as further consideration and inducement for this compromised settlement that it shall apply to all unknown and unanticipated damages resulting from said occurrences, as well as those now disclosed. The provisions of Section 1542 of the Civil Code of the State of California are hereby expressly waived, and Releasor understands that said section provides: A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which if known by him must have 2 06/17/99 13:54 12408 286 0337 EABKD SAN JOSE Z012/016 materially affected his settlement with the debtor. 2 . Releasor has been fully advised and understands that the losses claimed to have been sustained by Releasor are of such a character that the full extent and type of losses are not known at the date hereof, and it is fully understood that said losses, whether known or unknown at the date hereof, might possibly become progressively worse and that as a result thereof further damages may be sustained by Releasor. Nevertheless, Releasor desires by this release to forever and fully release and discharge the parties herein released and discharged and understand that by execution of this instrument no further claims may ever be asserted by Releasor pertaining to the matters referenced in this document. 3 . The liability for all claims referenced in this release is denied by the Releasees and this final compromise and settlement thereof shall never be treated as an admission of liability or responsibility at any time for any purpose. 4 . Releasor hereto declares that its decision in executing this Settlement and Release Agreement is not predicated on, or influenced by, any declaration or representation of any other party, but solely on the conditions, covenants, and agreements contained in this Settlement and Release Agreement and upon the concurrent execution of the Settlement And Release Agreement between Releasor and Isaac Rodrigues pertaining to the aforementioned lawsuit which is the subject of this agreement. S . It is hereby warranted and represented that the signatory party to this agreement has the right and authority to execute this 3 06/17/99 13:55 '0408 286 0337 EABKD SAN JOSE Z013/016 Settlement and Release Agreement and receive the sums specified in it as to the claims, demands, obligations, or causes of action referred to in this release; and that it has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement and Release Agreement, and will not do so concurrently with the execution of this agreement, or after its execution. 6 . This agreement shall inure to the benefit not only of the Releasor hereto, but also to each and every one of its respective agents, representatives, employees, attorneys and insurers, whether primary or excess, and also to the respective assigns and succes- sors in interest of each party hereto. 7. Releasor agrees to bear its own Costs and expenses, including attorney's fees, incurred in connection with the litigation specifically identified herein, and no party to this agreement will make any claim against any other party to this agreement for such costs and expenses. 8. Releasor hereby represents that it has carefully read each term of this Settlement and Release Agreement and understands the contents hereof and has executed this agreement voluntarily and has not been influenced by any person, persons, or attorney acting on behalf of any party and understands that, after signing this agreement, each party to this agreement cannot proceed against any other party to being released by this agreement on account of any of the matters recited herein, and each party to this agreement covenants and agrees that it will not, at any time hereafter, attempt to assert any claim or commence, maintain or prosecute any 4 06/17/99 13:55 0408 286 0337 EABKD SAIN JOSE Z014/016 action at law, in equity, or otherwise against the parties to this agreement, or any of them, or any of the parties to which this agreement inures, upon or on account of any loss, damage, claim, demand, action or cause of action of any kind or nature, whether known or unknown, arising out of or in any manner connected with the subject matter of this Settlement and Release Agreement . 9. This Settlement and Release Agreement contains the entire agreement between the parties hereto and its terms are contractual and not merely a recital , 10. It is expressly understood and agreed that there have been no promises or representations expressed except as expressly provided herein. 11 . Releasor hereby declares and represents that it is effecting this Settlement and Release Agreement after having received full legal advice as to its rights from its attorney. 12 . If litigation is instituted to enforce any aspect of this release, the prevailing party shall be entitled to its attorney' s fees and costs. 13 . Releaeor understands that if the facts with respect to which the Settlement and Release Agreement is executed and the dismissals herein provided are made, are found hereafter to be other than or different from the facts now believed by it to be true, it expressly accepts and assumes the risk of such possible differences in facts and agree that this Settlement and Release Agreement shall be and remain effective notwithstanding such difference in facts. 06/17/99 13:56 '0408 286 0337 EABKD SAN JOSE 0015/016 14 . This settlement is subject to the approval of the Board of Directors of the Midpeninsula Regional Open Space District, which is scheduled to meet on June 23, 1999, or as soon thereafter as the matter may be agendized by Releasor. 15. Releasor acknowledges that at the time this release and settlement agreement was entered into, the Midpeninsula Open Space Regional District had obtained defaults against the following entities: ESPERSON-RODRIGUES DEVELOPMENT COMPANY, LLC, A. W. ESPERSON COMPANY, INC. , and THE ALBERT WILLIAM ESPERSON COMPANY, INC. It is hereby represented by Releasor that no judgment has been entered against any of the aforementioned entities. To the extent that a judgment or judgments has or have been entered against any of the aforementioned entities, the Midpeninsula Open Space Regional District agrees and covenants not to execute on the judgment or judgments. 16 . Releasor hereby authorizes and directs its attorney of record to forthwith dismiss with prejudice the aforementioned lawsuit against ESPERSON-RODRIGUES DEVELOPMENT COMPANY, LLC, KENNETH A. ESPERSON, JR. , JOHN E. TURNS, ESPERSON CONSTRUCTION COMPANY, INC. , A. W. ESPERSON COMPANY, INC. , and THE ALBERT WILLIAM ESPERSON COMPANY, INC. upon approval of the Board of Directors as set out in paragraph 14 herein. 17. Releasor hereby authorizes and directs that the payment of settlement monies referenced herein shall be made by check or draft payable to Releasor "The Midpeninsula Regional Open Space District, ,, and said check or draft is to be delivered to counsel of record for Releasor. 6 06/17/99 13:56 0408 286 0337 EABKD SAN JOSE Z016/016 18 . This Settlement and Release Agreement may be signed in counterpart. IN WITNESS WHEREOF, THE UNDERSIGNED HAVE HEREUNTO SET THEIR HANDS THIS DAY OF 1 1999. THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Its Approved: Approved as to form: TUVANA JEFFREY, SUSAN M. SCHECHTMAN, Attorney for John E. Turns District Legal Counsel Attest: GREGORY M. GENTILE, Attorney for Kenneth A. Esperson, Jr. and Esperson PEGGY COATES, Construction Company, Inc. District Clerk 7 ..... ..... Regional Caper, pace R-99-92 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-15 June 23, 1999 AGENDA ITEM _ 7 AGENDA ITEM Approval of First Amendment to the Agreement for tion and Purchase of the Lands of Arlie Land and Cattle Company GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the First Amendment to the Agreement for Option and Purchase of Real Property to extend the date of exercise of option from June 30, 1999 to July 15, 1999, and extend the close of escrow from July 16, 1999 to July 23, 1999. 2. Authorize the Board President and General Manager, subject to approval of District Legal Counsel, to execute all documents necessary to implement the Amendment, including approval of any necessary minor corrections or minor grammatical or technical changes to the attached Amendment which do not involve any material change to any term thereof. DISCUSSION At your meeting of March 10, 1999 (see Report R-99-07), you approved the package of agreements necessary to begin the process for potentially acquiring the lands of Arlie Land and Cattle Company(former Alma College site). The agreements provide for a future private development process wherein the District could acquire approximately 800 acres of an 1,100-acre property for public open space. The agreements were structured in this manner because the total purchase price of all the land and timber contained within the property is $30.2 million, which is beyond the District's current financial capabilities. The main agreement contained options to acquire the entire property and timber rights with a deadline of March 30, 1999. During that period, the District was not able to exercise the $5.2 million timber purchase option and, as a result, timber harvesting has commenced. The option provision for acquiring the entire property was extended to June 30, 1999 as approved at your public meeting of March 24, 1999 (see Report R-99-56), costing the District an additional $250,000 as a carrying cost off-set for the Seller. The timing of the District's environmental review makes it highly desirable to further extend this option until July 15, 1999 (which would allow time for consideration of exercising the option at your Regular Meeting of July 14, 1999). Staff is hopeful and optimistic that the necessary additional funding and required partnerships can be secured by that time in order to exercise the option to acquire the entire property, thereby eliminating the potential development alternatives. The Agreement Amendment before you would extend the option approximately two and one-half weeks to July 14 and extend close of escrow one week to July 23, 1999. Because the Sellers are 330 Distel Circle - Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 - E-mail: mrosd(zopensl)ace.org Wet)site:www.ol)enspace.org Road of(dire(tor, fete Sienun,,Mary C. Davey,Jed Cyr, Deane Lilde, Nonettc Hanko, Bevy Crowder,Kenneth C. Nitz -General Mam,ger_( C raig Britton L R-99-92 Page 2 out of the country, the extension fee in Section 4 of the Agreement has been left blank, although staff has strongly suggested that no fee be applicable. However, even if an extension fee is ultimately required, it would be fully applicable to the purchase price in the event of exercise of the option. The extension fee amount, if any, will be known at the time of your meeting. Prepared by: Craig Britton, General Manager Contact person: Same as above JUN-17-99 15-23 FROMtLANDELS RIPLEY DIAMOND 3 ID741S 512 9760 PACE 2/3 DRAFT FIRST ANS"MENT TO AGREEMENT FOR OPTION AND PURCHASE OF REAL PROPERTY THIS FIRST AMENDMENT TO AGREEMENT FOR OPTION AND PURCHASE OF REAL PROPERTY("Amendment")is dated for reference purposes only as of June 23, 1999 by and between ARLIE LAND AND CATTLE COMPANY,an Oregon corporation("Seller"),and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT,a Public District formed pursuant Section 3 of Chapter 3 of Division 5 of the California Public Resources Code("District"). Recitals: A. Seller and District entered into that certain Agreement for Purchase and Option of Real Property dated as of March 10, 1999("Agreement")with respect to certain real property located in Santa Clara County,California and being more particularly described in the Agreement- B. District has requested,and Seller has agreed,that District be allowed additional time to exercise its option to purchase the Lower Property as set out in Section 2 of the Agreement upon the terms and conditions set forth below. Agreement: NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Seller and District agree as follows: 1. Each of the above recitals is true and correct and incorporated herein by this reference. 2. All words and phrases having their initial letters capitalized in this Amendment but not specifically defined herein shall have the meanings set forth in the Agreement. 3. The Extended Lower Property Option Term(as defined in Section 2.4.1 of the Agreement)is hereby extended to 5:00 p.m.Pacific Daylight Tune on July 15, 1999. Notwithstanding anything to the c0nftwrY contained in the Agreement(including,without limitation,Section 2.5 of the Agreement),the Lower Property Closing shall occur on or before July 23, 1999- 4. Concurrently with the full execution of this Agreement,District pay to Seller the sum of$ (the"Additional Extension Fee),which Additional Extension Fee shall (i)be deemed fully earned by Seller upon Seller's execution of this Amendment,00 not be refundable to District if District does not exercise the Lower Property Option,and(iii)be fully applicable to the Purchase Price for the Lower Property in the event District timely exercises the Lower Property Option. =497.2 JUN-17-99 16.23 FROM-LANDELS RIPLEY DIAMOND 3 ID-416 S12 87SO PAGE 3/3 5. Except as specifically provided herein,none of the provisions herein contained shall in any way be construed as a modification of any of the terms and conditions of the Agreement, and all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. 6. Each of Seller and District hereby specifically acknowledges and agrees that(i) the Agreement,as amended hereby,is and remains a valid and binding agreement and obligation of such party enforceable in accordance with its terms;and(ii)to the best of such party's current actual knowledge,there has occurred no breach or default and there exists no event or condition which with the giving of notice or the passage of time,or both,would constitute a breach or default by the other party under the Agreement. 7. This Amendment may be executed in one or more counterparts and each such counterpart may be delivered by facsimile transmission. All counterparts so executed shall constitute one contract,binding on all parties,even though all parties are not signatory to the same counterpart. IN WITNESS WHEREOF,Seller and District have executed this Amendment as of the day and year first above written. SELLER: ARLIE LAND AND CATTLE COMPANY, an Oregon corporation By- Dated: June 1999 Suzanne Arlie,President By: Dated: June 1999 John Musurneci,Vice President DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant Section 3 of Chapter 3 of Division 5 of the California Public Resources Code By: Dated: June 1999 Jed Cyr,President Attest: Dated: June 1999 Peggy Coats,District Clerk 232497.2 Claims No. 99-12 Meeting 99-15 Date: June 23, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6290 951.67 Acme & Sons Sanitation Sanitation Services 6291 94.66 Airgas Vehicle Parts 6292 44.95 Randy Anderson Vehicle Expense 6293 241.68 Ang Newspapers Recruitment Advertisement 6294 266.67 *1 Arlie Land &Cattle Company March to June Rent Per Agreement 6295 58.28 AT&T Telephone Service 6296 227.79 Bailey's Uniform Boots& Equipment Parts 6297 299.04 Gordon Baillie Reimbursement--Conference Expense 6298 35.00 Marilyn Bauriedel Docent Training 6299 35.00 Carol Belew Docent Training 6300 1,925.00 Timothy Best, CEG Purisima Creek Road Inventory 6301 682.15 Big Creek Redwood Posts 6302 297.00 Bill's Towing & Recovery Towing Services 6303 1,000.00 Louis Bordi General Engineering Grading Services--Skyline 6304 468.00 Brian Kangas Foulk Engineers Teague Hill Consulting Services 6305 1,011.86 L. Craig Britton Reimbursement--AHR Conference 6306 849.43 L. Craig Britton Reimbursement--SPD Forum 6307 120.00 California Park& Recreation Society Membership-J. Escobar 6308 65.17 California Native Plant Society Resource Documents 6309 282.15 California Water Service Water Service 6310 175.00 Camino Medical Group Medical Services 6311 95.00 CARPOSA Membership Dues 6312 378.39 Carsonite International Road Markers 6313 201.80 Cascade Fire Equipment Company Fire Gear 6314 1,000.00 Casino Game Rental Volunteer Appreciation Event Deposit 6315 35.00 Les Chibana Docent Training 6316 197.48 Compurun Computer Repair& Maintenance 6317 27.60 Contemporary Engraving Docent Name Badges 6318 35.00 Mabel Crittenden Docent Training 6319 35.00 Anne Curran Docent Training 6320 4,640.54 Design Concepts Graphic Designs-Brochures & Newsletters 6321 35.00 Chris Di Leonardo Docent Training 6322 150.00 Department of Toxic Substances Control Underground Tank Close out Fee 6323 66.48 Emergency Vehicle Systems Spotlight Repair 6324 960.00 Emily &Associates Planning Team Consultant 6325 9,994.50 Environmental Sciences Associates Environmental Planning Services 6326 60.30 Federal Express Express Mail 6327 512.11 Firestone Tire& Service Centers Tire Repairs & Servicing 6328 35.00 Ken Fisher Docent Training 6329 10.07 Foster Brothers Security Systems, Inc. Key Duplicating 6330 230.57 Gardenland Power Equipment Field Supplies 6331 352.36 Goodco Press Printing Services 6332 55.21 G & K Services Shop Towel Service 6333 48.21 GTE Wireless Cellular Phone Service 6334 39.00 Half Moon Bay Review Newspaper Subscription 6335 35.00 Ken Himes Docent Training Pagel Claims No. 99-12 Meeting 99-15 Date: June 23, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6336 1,529.50 Gavin Hoban GIS Consultant 6337 35.00 Clarie Hollenbeck Docent Training 6338 29.05 Home Depot Field Supplies 6339 35.00 Dianne Hunt Docent Training 6340 880.00 International Training Resources, Ltd. Defensive Tactics Training 6341 9.00 J C Penny Uniform Supply 6342 556.33 The Ed Jones Company Ranger Badges 6343 37.89 Keeble& Shuchat Photography Photo Enlargements 6344 154.67 Kinko's Printing Services 6345 2,082.68 Lanier Worldwide Copier Maintenance Agreement 6346 96.00 Los Altos Town Crier Recruitment Advertisement 6347 133.64 Los Altos Garbage Company Dumpster Service 6348 105.84 Madco Welding Supply Company, Inc. Welding Supplies 6349 26,686.53 *2 Maita Chevrolet Chevrolet 3/4 Ton Crew Cab-Skyline 6350 210.00 Jose A. Martinez ATV Training Instructor 6351 728.91 Paul McKowan Reimbursement--Conference Expense 6352 621.99 MetroMobileCommunications Radios and Repairs 6353 68.11 Micro Accounting Solutions Computer Accessories 6354 453.80 Minton's Lumber&Supply Field Supplies 6355 2,109.00 Miracle Auto Painting & Body Repair Vehicle Repairs 6356 189.95 Moffett Supply Janitorial Supplies 6357 70.00 Roger Myers Docent Training 6358 215.00 National Recreation & Park Association Subscription Renewal 6359 10.87 Noble Ford Tractor, Inc. Tractor Part 6360 892.03 Office Depot Office Supplies 6361 1,038.01 Orchard Supply Hardware Field Supplies 6362 31.07 Orlandi Trailer, Inc. Parts for Chipper Trailer 6363 1,198.65 Pacific Bell Telephone Telephone Service 6364 76.00 Palo Alto Weekly Recruitment Advertisement 6365 510.14 Pearson Automobile Company, Inc. Vehicle Repairs 6366 172.88 PIP Printing Printing Services 6367 1,000.00 Tom Randall Rent Per Agreement 6368 57.46 Lori Raymaker Reimbursement--Conference Expense 6369 5,909.14 Rana Creek Habitat Restoration Phase III -Grassland Study 6370 34.13 Rayne Water Conditioning Water Service 6371 145.16 Recreational Equipment, Inc. Bicycle Patrol Equipment 6372 1,550.62 Roy's Repair Service Vehicle Repairs and Maintenance 6373 60.00 David Sanguinetti Reimbursement--Membership Dues 6374 523.41 San Jose Mercury News Subscription & Recruitment Advertisement 6375 160.00 S. Clara Co. Dept. of Environmental Health Permit 6376 35.00 Tom Schoderbek Docent Training 6377 6,080.00 E.R. Sheehan Trail Construction Services 6378 62.00 Sequoia Analytical Water Testing 6379 135.37 Skyline County Water District Water Service 6380 40.73 Skywood Trading Post Fuel 6381 322.34 Malcolm Smith Reimbursement--Conference Expense Page 2 Claims No. 99-12 Meeting 99-15 Date: June 23, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6382 500.00 *3 State Water Resources Control Board Permit--Purisim;Creek Road 6383 34462 Stevens Creek Quarry Trail Materials 6384 608.36 Summit Uniform Uniform Supplies 6385 281.25 Sunset Coast Nursery Restoration Consultant 6386 309.50 Swift Attorney Services Legal Delivery Service 6387 825.00 Swan &Associates Agriculture/Vineyard Consulting 6388 375.60 Turf& Industrial Equipment Co. Oil and Equipment Repair 6389 4,941.69- United Rentals Excavator& Dozer Rental 5,372.83 6390 23.36 University Art Frame 6391 225.00 VNC Remittance Center Internet Service 1208.64-Audio Technical Supplies 353.50-Field Repairs 978.71-Conference Registration/Airfare 36.00-Parking Fees 42.65-Office Supplies 52.40- Uniform Supplies � 6393 1.060.00 Rich Voss Trucking Baserock Delivery Service � 8384 1.988.55 West Coast Litho& Imaging Printing cfBrochures 6385 17.54 West Coast RebarCompany Reber 8396 28.13 VVhae|amith. Inc. Patrol Bike Part 6397 300.00 Roberta Wolfe Recording Services 6398 200�00 Woodside & 9odo|a Private Patrol Secure Gates-Windy Hill Parking Lot 6398 290.73 West Group Payment Center Law Library Subscription Service 8400 658.89 Wheel Works Tires 8401 584.81 The Workingman's Emporium Uniform Coveralls 5402Ri 2.148.00 AnneKo|atzke FEyWA Project Conmu|bant 6403R 40.00 °4 LoHonda-Peecodeno School District Meeting Facility Rental 6404R 350.00 Mercury Tours CAC Van Rento|a--Tour 6405R 1.095.77 Novonona Mailing Services Annual Report Mailing 6406R 72.00 LohRoyrnaker Reinnbunoennent--Vo|unbaer Event Supplies 6407R 544.39 John Shelton, Inc. Skyline Culverts 6408R 353.24 Petty Cash Volunteer Recognition Event Supplies, Office Supplies, Film & Developing, Field Supplies and yWennbanahip Dues °1 Urgent Check Issued June 11. 189S °2 Urgent Check Issued June 15. 19S8 ^3 Urgent Check Issued June 17. 1099 °4 Urgent Check Issued June 22. 1B9B Total 111,778.99 � Page 3 Claims No. 99-12 Meeting 99-15 Date: June 23, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6290 951.67 Acme& Sons Sanitation Sanitation Services 6291 94.66 Airgas Vehicle Parts 6292 44.95 Randy Anderson Vehicle Expense 6293 241.68 Ang Newspapers Recruitment Advertisement 6294 266.67 *1 Arlie Land &Cattle Company March to June Rent Per Agreement 6295 58.28 AT&T Telephone Service 6296 227.79 Bailey's Uniform Boots& Equipment Part 6297 299.04 Gordon Baillie Reimbursement-Conference Expense 6298 35.00 Marilyn Bauriedel Docent Training 6299 35.00 Carol Belew Docent Training 6300 1,925.00 Timothy Best, CEG Purisima Creek Road Inventory 6301 682.15 Big Creek Redwood Posts 6302 297.00 Bill's Towing & Recovery Towing Services 6303 1,000.00 Louis Bordi General Engineering Grading Services--Skyline 6304 468.00 Brian Kangas Foulk Engineers Teague Hill Consulting Services 6305 1,011.86 L. Craig Britton Reimbursement--AHR Conference 6306 849.43 L. Craig Britton Reimbursement--SPD Forum 6307 120.00 California Park& Recreation Society Membership--J. Escobar 6308 65.17 California Native Plant Society Resource Documents 6309 282.15 California Water Service Water Service 6310 175.00 Camino Medical Group Medical Services 6311 95.00 CARPOSA Membership Dues 6312 378.39 Carsonite International Road Markers 6313 201.80 Cascade Fire Equipment Company Fire Gear 6314 1,000.00 Casino Game Rental Volunteer Appreciation Event Deposit 6315 35.00 Les Chibana Docent Training 6316 197.48 Compurun Computer Repair& Maintenance 6317 27.60 Contemporary Engraving Docent Name Badges 6318 35.00 Mabel Crittenden Docent Training 6319 35.00 Anne Curran Docent Training 6320 4,640.54 Design Concepts Graphic Designs-Brochures& Newsletters 6321 35.00 Chris Di Leonardo Docent Training 6322 150�00 Department of Toxic Substances Control Underground Tank Close-out Fee-Dyer 6323 66.48 Emergency Vehicle Systems Spotlight Repair 6324 960.00 Emily &Associates Planning Team Consultant 6325 9,994.50 Environmental Sciences Associates Environmental Planning Services 6326 60.30 Federal Express Express Mail 6327 512.11 Firestone Tire&Service Centers Tire Repairs &Servicing 6328 35.00 Ken Fisher Docent Training 6329 10.07 Foster Brothers Security Systems, Inc. Key Duplicating 6330 230.57 Gardenland Power Equipment Field Supplies 6331 352.36 Goodco Press Printing Services 6332 55.21 G & K Services Shop Towel Service 6333 48.21 GTE Wireless Cellular Phone Service 6334 39.00 Half Moon Bay Review Newspaper Subscription 6335 35.00 Ken Himes Docent Training Pagel Claims No. 99-12 Meeting 99-15 Date: June 23, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6336 1,529.50 Gavin Hoban GIS Consultant 6337 35.00 Clarie Hollenbeck Docent Training 6338 29.05 Home Depot Field Supplies 6339 35.00 Dianne Hunt Docent Training 6340 880.00 International Training Resources, Ltd. Defensive Tactics Training 6341 9.00 J C Penny Uniform Supply 6342 556.33 The Ed Jones Company Badges 6343 37.89 Keeble&Shuchat Photography Photo Enlargements 6344 154.67 Kinko's Printing Services 6345 2,082.68 Lanier Worldwide Copier Maintenance Agreement 6346 96.00 Los Altos Town Crier Recruitment Advertisement 6347 133.64 Los Altos Garbage Company Dumpster Service 6348 105.84 Madco Welding Supply Company, Inc. Welding Supplies 6349 26,686.53 *2 Maita Chevrolet Chevrolet 3/4 Ton Crew Cab-Skyline 6350 210.00 Jose A. Martinez ATV Training Instructor 6351 728.91 Paul McKowan Reimbursement--Conference Expense 6352 621.99 MetroMobileCommunications Radios and Repairs 6353 68.11 Micro Accounting Solutions Computer Accessories 6354 453.80 Minton's Lumber&Supply Field Supplies 6355 2,109.00 Miracle Auto Painting & Body Repair Vehicle Repairs 6356 189.95 Moffett Supply Janitorial Supplies 6357 70.00 Roger Myers Docent Training 6358 215.00 National Recreation & Park Association Subscription Renewal 6359 10.87 Noble Ford Tractor, Inc. Tractor Part 6360 892.03 Office Depot Office Supplies 6361 1,038.01 Orchard Supply Hardware Field Supplies 6362 31.07 Orlandi Trailer, Inc. Parts for Chipper Trailer 6363 1,198.65 Pacific Bell Telephone Telephone Service 6364 76.00 Palo Alto Weekly Recruitment Advertisement 6365 510.14 Pearson Automobile Company, Inc. Vehicle Repairs 6366 172.88 PIP Printing Printing Services 6367 1,000.00 Tom Randall Rent Per Agreement 6368 57.46 Lori Raymaker Reimbursement--Conference Expense 6369 5,909.14 Rana Creek Habitat Restoration Phase III -Grassland Study 6370 34.13 Rayne Water Conditioning Water Service 6371 145.16 Recreational Equipment, Inc. Bicycle Patrol Equipment 6372 1,550.62 Roy's Repair Service Vehicle Repairs and Maintenance 6373 60.00 David Sanguinetti Reimbursement--Membership Dues 6374 523.41 San Jose Mercury News Subscription & Recruitment Advertisement 6375 160.00 Santa Clara Co. Dept. of Environmental Heal Permit 6376 35.00 Tom Schoderbek Docent Training 6377 6,080.00 E.R. Sheehan Trail Construction Services 6378 62.00 Sequoia Analytical Water Testing 6379 135.37 Skyline County Water District Water Service 6380 40.73 Skywood Trading Post Fuel 6381 322.34 Malcolm Smith Reimbursement--Conference Expense Page 2 Claims No. 99-12 Meeting 99-15 Date: June 23, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6382 500.00 *3 State Water Resources Control Board Permit--PurisimZ Creek Trail 6383 344.62 Stevens Creek Quarry Trail Materials 6384 608.36 Summit Uniform Uniform Supplies 6385 281.25 Sunset Coast Nursery Restoration Consultant 6386 309.50 Swift Attorney Services Legal Delivery Service 6387 825.00 Swan &Associates Agriculture/Vinyard Consulting 6388 375.60 Turf& Industrial Equipment Co. Oil and Equipment Repair 6389 4,941.60 United Rentals Excavator& Dozer Rental 6390 23.36 University Art Frame 6391 225.00 VNC Remittance Center Internet Service 6392 2,896.80 VISA 11 3.02-Event Supplies 1208.64-Audio Technical Supplies 11 1.88-Computer Accessories 353.50-Field Repairs 978.71-Conference Registration/Airfare 36.00-Parking Fees 42.65-Office Supplies 52.40- Uniform Supplies 6393 1,060.00 Rich Voss Trucking Baserock Delivery Service 6394 1,988.55 West Coast Litho& Imaging Printing of Brochures 6395 17.54 West Coast Rebar Company Rebar 6396 28.13 Wheelsmith, Inc. Patrol Bike Part 6397 300.00 Roberta Wolfe Recording Services 6398 200.00 Woodside& Portola Private Patrol Secure Gates-Windy Hill Parking Lot 6399 290.73 West Group Payment Center Law Library Subscription Service 6400 658.89 Wheel Works Tires 6401 584.81 The Workingman's Emporium Uniform Coveralls *1 Urgent Check Issued June 11, 1999 *2 Urgent Check Issued June 15, 1999 *3 Urgent Check Issued June 17, 1999 Total 101,902.76 Page 3 Regional e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager , A DATE: June 23, 1999 SUBJECT: FYI 330 Distel Circle # Los Altos, CA 94022-1404 - Phone:650 691-1 200 FAX: 650-691-0485 d F-mail: mros(f@ol)ensl)a(-e.org ® Web Site:www.o[)ensf)a(e.org Romil of 1 mq tors:Pete Siemens,Mary C. Davev,led Cyr, Deane Little, Nonette Hanko,130 v Crowder, Kenneth C. Nit/ «Gtvieral Mann er:L.Criig Britton Memorandum To: Craig Britton 1-7 From: Mary de Beauvier'�"� 4,--) Date: 06/21/99 Re: Geological Trenching at Lower Windy Hill Open Space Preserve The geological investigation to determine the feasibility of constructing a bridge across Corte Madera Creek on the lower portion of the Windy Hill Open Space Preserve is scheduled to begin Monday, June 28. The work will involve investigating a backhoe-dug trench to determine if a suspected fault trace is present. Care was taken to avoid impacting the roots of trees in the area and as a result the trenches on both sides of the creek should not impact any significant trees. For the most part, the trenches are located in open meadow. The impacted corner of the preserve will be closed to public access during the trenching operation, however, the trenches will be backfilled and the site reopened during weekends. Signs will be posted at all trailheads and at the necessary trail junctions. The work is anticipated to be complete by July 9. 1 F-480 T-2LZ P-001 JUN 22 '99 09:36 TT riem Noack7effy&Spahm OOVCftft . e . Y ^ t RCL . I . 0 " I Ralph A-Heim Russell W.Noack ArdW Kelly Lgslie S.Spahan John Caldwell TRANSMITTED VIA FACSIMILE 2 Pages June 22,1"9 935 a.m. (PDT) TOI.- L Craig Britton 650-6914)485 (148) General Manager hfidpeninsula Regional Open Space District FROM: Ralph A. Heim RE: Assembly Bill 18 - Park Bond Late yesterday afternoon,the Assembly passed AB 18, the park bond. The vote sheet is attached for your information. The Speaker indicated that AB 18 would ultimately go before a conference committee later this Summet after the leadership confers with the Governor Mative to all of the bond measures that are pending before the Legislature. RAH/kmg Attachment 1121 L Stmet,Suite 100 Saaamento.CA 95814 Tel.(916)442-4584 Paz(916)441-4925 Finail-generalOhnk-1-com F-480 T-- P-002 JUN 22 '99 09:37 AB 18 Assembly Bill-Vote mation Page I of I VOTES - ROLL CALL MEASURE: AB 18 AUTHOR: Villaraigosa TOPIC: Bond- parks, water, and coastal protection DATE. 06/21/1999 LOCATION: ASM. FLOOR MOTION; AB 18 MR. SPEAKER 3RD READING URGENCY W/O REFERENCE TO FILE (AYES S4. NOES 15.) (PASS) AYES Aanestad Alquist Aroner Battin Bock Briggs Calderon Cardenas Cardoza CedilIQ Corbett Correa Cunneen Davis Dickerson Ducheny Dutra Firebaugh Florez FrU5etta Gallegos Havice Hertzberg Honda Keeley Kuehl Leach Lempert Longville Lowenthal Machado Maldonado Mazzoni Migden Nakano Papan Pescetti Reyes Romero Scott Shelley Soto Steinberg Strom-Martin Thomson Torlakson Vincent Washington Wayne Wesson Wiggins Wildman Wright VillaraigQsa NOES Ackerman Ashburn Baldwin Baugh Brewer Granlund Kaloogian Leonard Maddox Margett McClintock olberg 011er Runner Thompson ABSENT, ABSTAINING, OR NOT VOTIN(3 Bates Campbell Cox Floyd House Jackson Knox Robert Pacheco Rod Pacheco Strickland Zettel http://Ieginfo.public.ca.gov/pub/bill/asm/ab-0001-0050/ab-18—vote-19990621-0413PM—asm—f]6/22/99d STATE CAPITOL.ROOM 2057 rr COMMITTEES SACRAM ENTO. 5- 95814-4906 µ ty +�.��, e e te HEALTH AND HUMAN SERVICES 1916�445-6671 / Cl ` .l,` C; 11,, 327 2433 FAX INDUSTRIAL RELATIONS DISTRICT OFFICE INSURANCE 43271 MISSION BLVD SENATOR TRANSPORTATION FR1MO 13_596 OR LIZ FIGUEROA i51 O�413-5960 OR 1408i286-0329 151 of 413-5965 FAX TENTH SENATORIAL DISTRICT E-MAIL SENATOR FIGUEROAC-SEN CA GOV SENATE COMMITTEE ON weaslrE WWW.SEN.CA GOV'FIGUEROA BUSINESS AND PROFESSIONS CHAIR June 17, 1999 " ry Jed Cyr Regional Open Space 330 Distel Circle Los Altos, ca 94022-1404 Dear Jed Cyr: The Legislature has passed its version of the state budget and will now send it to the Governor for his approval. I thought it would be a good time to highlight a number of issues that may be of interest to you. The Governor could g gY approve or veto any of the following items so I encourage you write to him and express your organization's interest. • The San Francisco Bay Trail is about to receive the most money ever from California. As a Senator, Bill Lockyer authored the bill creating the Bay Trail: a 400-mile continuous trail which runs as close to the shoreline of the San Francisco and San Pablo Bays as possible. Since his departure from the Senate, I have taken the lead in championing state funds for the trail. I am proud to announce that the Legislature approved my request of$2,500,000. • Another important project is the Ridge Trail. The idea of the Ridge Trail is to circle the bay and link the main ridges rising from the bay as opposed to near the shoreline. With other members of the Bay Area Delegation, we were able to secure a$1,675,000 Ridge Trail budget allocation. • I enthusiastically joined Senator Byron Sher in securing a state budget allocation to the Bay Area Conservancy Program. This program will help facilitate solutions for park and open space needs. The Legislature approved $5,000,000 for this project. Please take a moment to write to Governor Davis and encourage his support of these budget items. Please feel free to contact Aaron Carruthers of my staff if you have any questions. Thank you again for your interest and support. Respectfully, LI GUEROA ena is rict JUN _ 1 LF: agc COUNTIES OF ALAMEDA AND SANTA CLARA Rt�gl()nal Open 4PIace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: June 23, 1999 TO: Members, Board of Directors FROM: L. Craig Britton, General Manager RE: Santa Clara County Parks Survey I've been provided with a cross-tabbed copy of the recent (April)public opinion poll produced by Santa Clara County Parks. Our primary interest is in the results for the District's portion of Santa Clara County. The cross-tabbing is done by region rather than by zip code so a direct correlation to the District portion of the County is not possible. The "northwest" region roughly corresponds to the District's overlapping jurisdiction, and includes Cupertino, Mountain View, Palo Alto, and Sunnyvale; however, it does not include Los Gatos, Saratoga, Los Altos, or Los Altos Hills, which are combined with the City of Campbell into the "western" section. So, the usefulness of the survey, for the District, is minimal as the northwest section included only 91 respondents within the District (even if it included all District cities in that area, the total number of respondents would've been 128, which is not a sufficient sample size from which to draw any conclusions). The survey, including the cross-tab, is available in my office so any member can go through it at your leisure, if you wish. I have culled a few interesting results from the northwest cross-tab (remember that the questions apply to the County parks, not District preserves): #14 What are your most frequent outdoor activities? Walking/running - 56% #82 Should the rate of land acquisition be Hiking- 35% increased/decreased? Biking - 14% Increase - 36% Remain same- 46% #15 Frequency of use Decrease- 10% >2 times per week- 49% #88 Do you support/oppose a special tax assessment #17 Where do you go? as a mechanism for funding parks acg/dev? Rancho San Antonio- 17% Strong oppose - 33% Oppose - 12% #21 Which parks come to mind? Middle- 21% Rancho San Antonio- 23% Support- 15% Strong support- 11% #55 Does the County offer enough hiking trails? Right amount- 68%(1% said too many) #90 Should acquisition funding be reduced in order Not enough- 13% to have more funds for other uses? Strong oppose - 19% #62 Does the County offer enough mountain bikiniz Oppose - 11% trails? Middle- 23% Too many - 5% Support- 13% Right amount- 38% Strong support - 20% Notenough- 11% W I)i,,t(,l Girt ® Lo,, Alto,,, A 94022-1404 * Phone:0-M-091-1200 FAX: 0-0-091-0485 - F-mail: Wel),Jte: F111_'111111t T)_f1_e(te7,:—Pel—eSicnien" "I'm j(_,d_( �r, I—)e,me I'itile, i—xilko,—Bet,\ ( ro\N—der,K-eimeth( � Nit/ -(-lonct,d :_1 _0,_)iT IT Regional Open tace 1 w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: June 18, 1999 SUBJECT: FYI 330 Distel Circle + Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX:650-691-0485 • E-mail: rnrosd@openspace.org • Web site:www.openspace.org Hwal of Directors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko,Betsy Crowder, Kenneth C. Nitc •General Manager L.Crmg Brition Memorandum : To: John Escobar From: Michael Newburn-Acting Supervising Ranger(Patrol) Subject: Suspicious Wildland Fires on, and Adjacent to, District Property Date: June 17, 1999 There has been a series of suspicious fires in the Stevens Canyon, Lexington and Saratoga Gap areas. The California Department of Forestry and Santa Clara County Fire are conducting an investigation, and have offered a$10,000 reward for information leading to the arrest and conviction of the suspect(s). Below is a list of these fires, including information about District staff s response. I will keep you updated on any further developments. Date Time Location/Comment District Response? 5110 4:31 pm Stevens Creek Park- Stevens Canyon Trail Yes 1/4 Acre 5/16 2:46 pm Stevens Creek Park- Mt. Eden Trail No Four fires - 5 square feet each 6/5 3:39 pm Kaiser Quarry -Unknown size - Staff canceled Yes when fire determined not to be a threat to District land 6/6 3:48 pm Picchetti Ranch - Bear Meadow Trail - 3 Fires Yes burned approximately 1/10 of an acre 6/11 4:10 pm Private land adjacent to Stevens Creek County Yes Park -- 20 foot by 20 foot fire 6/13 5:07 pm Stevens Canyon Rd - Monte Bello Rd Yes Report only - fire not found 6/15 11:00 am Lexington County Park- 1/4 acre Yes 6/15 3:00 pm Skyline at Charcoal Rd. (Upper Stevens Creek Yes Park) - Small spot fire Rqglonal MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 16, 1999 Honorable Jim Cunneen Member, California State Assembly Room 2174, State Capitol Sacramento, CA 94249-0001 Subject: Current budget proposal Dear Assemblyman Cunneen: I'd like to thank you for your continued support of parks, open space, and the Midpeninsula Regional Open Space District. Your support of our efforts has always been given enthusiastically and without reservation. We are very fortunate to count you as one of our good friends in Sacramento. I am writing to underscore that the current State budget proposal, approved by the Senate, contains some very important and beneficial elements that will greatly help not only the District, but also the overall open space and parks objectives throughout the region and the State. The $10 million earmarked for the Bay Area Program of the Coastal Conservancy is one key element, as is the entire proposed amount for the Conservancy. In addition, much-needed funds for State parks and various local projects, such as the Bear Creek Redwoods acquisition, are included in the proposed budget and represent the most significant re-investment in our natural resources in many years. It is our hope that whatever budget agreement the Assembly approves will maintain funding for these crucial projects at their currently-proposed levels. Further, I'm hopeful that your support of parks, open space, and preserving the State's natural resources will help to influence other legislators so that any compromise necessary for budget approval will not threaten the funding levels of these vital programs. Again, thank you for your consideration of the District's, and the entire States, open space and parks needs during this budget process. If there is anything we can do to help you in these deliberations, or any open space information or data that you need, please call us and we'll gladly assist. Sincerely, Jed Cyr, President Board of Directors JClmcs cc: MROSD Board of Directors 330 lh�ic^I (_it(le t crs Altos, C A 940 2 2-1404 Phone:650-691-1 200 IAX:6i0-.691 04B-) # F-mail: W(d)sife: w�tirw.ope°nwl�ace.or; � R��.�r�l ni I Jiir<Inns:('ett Sienxr7 til.iry C. U,n�w.led<rr, I)e,uu l ittl�,Nonette Hmku, Re[5�-(r��en onmdel, Kenneth C. Nit/ I Regional Open ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MEMORANDUM DATE: June 23, 1999 TO: Members, Board of Directors FROM: L. Craig Britton, General Manager 'u RE: Recent Conference on Land and Water Con ervation Fund Malcolm Smith and I attended the recent Land and Water Conservation Fund (LWCF) conference in Annapolis, MD, sponsored by the organization Americans for our Heritage and Recreation. I'd like to report on the content and accomplishments of the conference. As you know, the LWCF consists of funds generated from off-shore oil and gas leases, which generate about $4 billion annually. In 1964, the legislature determined that a significant portion of these payments (now $900 million) should be allocated, annually, to fund the creation of public parks and open space, protect wilderness, wetlands, and refuges, preserve habitat, and enhance recreational opportunities throughout the United States, in effect as mitigation for the off-shore drilling activities. The allocation of funds was to be approved annually by the legislature. Unfortunately, in the 1980s the funding for LWCF was slashed by the administration, and the funds consistently have been diverted to other, unrelated uses. In addition, the appropriations for state-matching grants ("stateside funding") were completely deleted. The result is that this huge source of funds has not been used for its intended purpose. The intent of this conference, the third annual, was to bring all participating agencies up to date, and carry out a strategy to obtain full, permanent funding for the LWCF. Because there are currently four bills, plus the President's proposed budget,which address funding for LWCF, there is a unique window of opportunity to accomplish the objective. The sessions on the first day of the conference included general informational presentations, updates on the various pieces of legislation now pending, and sharing of information on building support among legislators, the media, and constituents. The underlying purpose of the conference, however, was the second day which consisted of visits to members of the Senate and House in order to seek their support for mandated permanent, full funding for the LWCF. I have attached brief summaries of the Clinton proposal and the four bills under consideration. Two of the bills (Young/Dingell and Landrieu/Murkowski) contain onerous restrictions and incentives for additional new offshore oil and gas exploration and drilling. For these reasons, as drafted they are unacceptable to the environmental community, and to the President, who has indicated that such legislation will be vetoed if placed before him. The administration's own proposal contains much that is very positive, and without significant restrictions. ; )0 Distel Circle • Los Altos, CA 94022-1404 • Phone: 050-091-1200 FAX: 050-091-0485 • E-mail: mrosd 1oopenspace.org • Web site: www.openspace.org Bomd of Oirectorc:Pele sienuvnti,,Mary C. Davev. led Cyr, Deane Little, Nonetle H,mko, Bcl,v Oov dcr,Kenneth( . Nit/ •Cencial I.0.ug Iirillnn The Boxer/Miller bill and the Feinstein bill are both focused on permanent funding of LWCF without additional restrictions or incentives for additional drilling. It was determined at the conference that the Young/Dingell bill will most likely be the vehicle for LWCF, if only because Mr. Young is Chair of the House Resources Committee. However, as stated previously, this bill contains elements which are unacceptable to the President and to the environmental community. The authors of the other bills intend to confer with Mr. Young and try to develop a compromise which will meet the needs of the environment, while not implementing any incentives for additional offshore drilling. If a compromise can be reached, which is uncertain at best, it is expected that it will take place within the next 90 days. If the bill or bills roll over into next year(an election year) it is unlikely that any progress will be made simply due to the politics inherent in an election year. The Bay Area is fortunate to be represented by members of Congress that are, in general, already aligned with the objective of full,permanent funding for LWCF, as are the two Senators from California. In addition, the major newspapers (The San Jose Mercury News, the San Francisco Examiner, and the San Francisco Chronicle) have already provided editorial support for this objective. If any members of the Board would like copies of the materials provided at the conference, please let me know. Americans LAND AND WATER CONSERVATION FUND for Our URBAN PARK AND RECREATION Heritage and RECOVERY PROGRAM Recreation 1999 INITIATIVES President Clinton and a key group of bipartisan leaders in the 106th Congress are advocating initiatives that would reinvest revenues from Outer Continental Shelf (OCS) oil and gas leases, on a permanent basis, to ensure long-term funding for the Land and Water Conservation Fund (LWCF) and its urban companion, the Urban Park and Recreation Recovery Program (UPARR). For more than three decades, the Land and Water Conservation Fund, has been a cornerstone of conservation and recreation, using revenues from offshore oil and gas leases to preserve wilderness, wetlands, and refuges, protect habitat; create parks and open spaces; and enhance recreation opportunities. LWCF has been responsible for the acquisition of nearly seven million acres of parkland and open space and the development of more than 37,000 state parks and recreation projects. However, in the early 1980's, the majority of LWCF funds, authorized at$900 million, was diverted to the general treasury and to programs totally unrelated to parks, conservation, and recreation. In response, Americans for Our Heritage and Recreation (AHR), a national group of conservation, park and recreation leaders, urban, open space and cultural preservation advocates, and the sporting goods industry, has embarked upon a nationwide grassroots campaign to renew a federal partnership in open space protection and revitalize LWCF and its urban partner UPARR. n n n n n Below is a summary of LWCF and UPARR funding initiatives Congress is currently considering. "Lands Legacy Initiative" The Clinton Administration has proposed $1 billion in the President's FY 2000 budget for protection of America's lands and coastal resources. Funding for LWCF includes $440 million for federal LWCF acquisition and $150 million for a modified LWCF stateside program that replaces the current formula of distribution among all states with competitive grants for a variety of conservation uses. However, recreation funding, a traditional component of stateside LWCF, is excluded and only $4 million is allocated for the Urban Park and Recreation Recovery Program (UPARR). The President's initiative, however, does include $50 million in competitive grants for "smart growth"planning, $50 million for the Forest Legacy program, $80 million for habitat conservation, $50 million for farmland protection, and $200 million for coastal protection. In announcing his initiative, the President made a commitment to seek permanent funding for these programs next year. "Conservation and Reinvestment Act" (H.R. 701) House Resources Committee Chair Don Young (R-AK) and Ranking House Energy and Commerce Committee Representative John Dingell (D-Ml) have introduced this bipartisan legislation, also known as "CARA,"which provides permanent funding from OCS revenues for LWCF and UPARR, "Impact Aid" for coastal states to offset the effect of offshore drilling, and state fish and wildlife agency funding for game and non-game species under the Pittman-Robertson Act, similar to 'Teaming with Wildlife,"but without the excise tax. Under the bill's formula, 60% of OCS revenues are dedicated to funding these programs. Federal and stateside LWCF programs receive $378 million each and UPARR, with new land acquisition authority, getting $144 million, for a total of$900 million. However, "CARA"currently contains unacceptable restrictions on LWCF's federal program including: restricting acquisition to federal inholdings; requiring 2/3rds of funds to be expended east of the 1 00th meridian; requiring congressional authorization for acquisitions costing more than $1 million; and including a restrictive ban on condemnation. The bill also allocates $1.24 billion to coastal states for coastal restoration and mitigation but uses a formula that ties funding to proximity of wells. Accordingly, offshore oil-producing states and counties receive a significantly greater proportion of the coastal funds, thus opening the door for new drilling. A provision has been added, however, to prohibit funding from wells not currently in production in moratorium states. Finally, the bill provides $440 million for the `Teaming"alternative. The legislation was introduced in February with hearings conducted by the House Resources Committee beginning in March. "Conservation and Reinvestment Act" (S. 25) Similar to the Young/Dingell bill, the Senate proposal, also known as "CARA". permanently funds LWCF and UPARR, "Impact Aid,"and the 'Teaming with Kri/dlife"alternative. The bill, sponsored by Senate Energy and Natural Resources Committee Chair Frank Murkowski (R-AK) and Senator Mary Landrieu (D-LA), has bipartisan support, including co-sponsorship by Senate Majority Leader Trent Loft. Under the bill's formula, 50% of OCS revenues are dedicated annually to support these programs. The federal and stateside LWCF components would receive $340 million each, with UPARR, revamped to include land acquisition authority, receiving $73.4 million. The "Teaming"alternative receives $321 million. Like its House counterpart, the bill restricts LWCF's federal program to: acquisition of federal inholdings; requiring 2/3rds of funds to be expended east of the 1 00th meridian; requiring congressional authorization for acquisitions costing more than $5 million; and including a restrictive ban on condemnation. Funding for coastal states totals $1.24 billion; again offshore oil producing states benefit significantly from a formula tied to oil and gas drilling and production that allows them a significantly greater share of the funding. Unlike the House version, there is no language exempting revenues from moratorium states or any restrictions on the use of coastal funds, thus creating potential incentives for new drilling. Hearings are set for April and May. "Permanent Protection for America's Resources 2000" (H.R. 798) (S. 446) Ranking House Resources Committee Representative George Miller (D-CA) and Senator Barbara Boxer (D-CA) have proposed an impressive $2.3 billion package that provides permanent funding from OCS revenues for LWCF, UPARR, lands restoration, endangered species, ocean fish and wildlife protection, historic preservation, and conservation easements for farm, range land, and forests. Under the proposed legislation, known as "Resources 2000," LWCF is funded at its full $900 million authorization level, with $450 million allocated to the federal side and $450 million to the state-matching grants program, under which 2/3rds of the funds are allocated in the traditional manner to states and 1/3rd distributed through a competitive grant program. Regional lands of national significance would be eligible for funding under this competitive grant component. The bills provide an additional $100 million for UPARR, while historic preservation is funded at $150 million. Unlike the "CARA" proposals, "Resources 2000" contains no new restrictions on federal land acquisition and limits funding to current leasing in both moratorium and non-moratorium states, thus free of incentives for new drilling. In addition, "Resources 2000"provides $300 million in coastal assistance for conservation and management of ocean fish and wildlife under a formula that is not tied to offshore oil and gas production, but rather distributes 2/3rds of the funds based on coastline size and population and 1/3rd for competitive grants. The bill also provides $350 million to states for development and implementation of state wildlife conservation plans for non-game species under the Fish and Wildlife Conservation Act. The "Resources 2000" initiatives were introduced in February with Democratic co-sponsors in the House and Senate, including support from Minority Leader Richard Gephardt (D-MO) who introduced his own permanent LWCF funding legislation last year. The House and Senate Resources Committees will include the "Resources 2000" bills in their upcoming hearings on "CARA." A A A A A "Public Land and Recreation Investment Act"(S. 532) Senator Dianne Feinstein (D-CA) introduced legislation focused solely on guaranteeing permanent funding for the traditional LWCF and UPARR programs at the $900 million level. The bill provides $450 million annually for LWCF's federal component, with no new restrictions on federal acquisition. LWCF's state matching grants program receives $360 million, with local governments receiving 50 % of the funds. The proposed legislation also allows Indian tribes to be recognized collectively as one state under the state grants program. UPARR, revised to include land acquisition authority, is funded at $90 million. Representative Tom Campbell (R-CA), along with Representatives Mike Thompson (D-CA) and John Lewis (D-GA), introduced a companion bill (H.R. 1118) in the House. Visit the AHR website at www.ahrinfo.org y. Santa Clara County Open Space Authority News Release Board Members For additional information, Richard Forst Director.Dtstrict'5 call Larry Coons, or Lloyd Wagstaff Chcurpenon General Manager New General Manager Janis Fraser-Juarez 408-224-7476 510-544-2607 Drrecwr,District 7 Vice-Chiurp,rson (Chairperson Richard Forst is on currently on vacation) Johne Baird Director,District I Lloyd Wagstaff, currently Land Acquisition Manager for East Bay Regional Parks Bol MWO,orl! District, has been appointed General Manager for the Santa Clara County Open Director,Distric,2 -- Space Authority, effective July 1 , 1999. CIvsta E.Senev Director, District 3 The Board of Directors of the Open Space Authority reviewed 35 applications Garrierta J.A n n ab,le Director, District 4 for the position and interviewed five finalists. Richard Forst, Chairperson, says "We believe Lloyd Wagstaff has a really good combination of experience and Clark Smith Director,District 6 skills to match the needs of the Open Space Authority as we move forward to General Manager implement our 5 Year Plan." "He comes with a very favorable record of Larry R.Cx)ns accomplishment at the Park District and we're delighted to appoint a person with his depth of knowledge about preserving parks and open space here in the Bay Area." Acquisition priorities established by the Authority include hillside properties visible to the Valley floor, and properties which will preserve agriculture. Forst advised that the Authority has talked with willing sellers of a variety of parcels during the past couple of years and is looking forward to making additional purchases. Funding available for acquisition next year is estimated to be $7 million. The Authority concluded litigation by the Santa Clara County Taxpayers Association in October, 1998, and began buying land with the contribution of $1.5 million and the purchase of 3,207 acres of Lakeview Meadows Ranch near Coyote Lake County Park with The Nature Conservancy in February, 1999. N- Larry Coons, who has served as General Manager for the new Open Space Authority since it was formed in 1994, is retiring at the end of June. He is concluding 40 year of public service in local government and was recently z awarded co-Public Administrator of the Year by the local chapter of the American Society For Public Administration. Coons said that he is "looking forward to assisting both Lloyd Wagstaff and the new Executive Director of the Land Trust For Santa Clara County, Amy Glad, with the background needed to move forward with their new agencies." info 6/4/99 Santa Teresa Center e 6146 Camino Verde Drive,Suite P * San Jose,California 95 1 19-1460 0 408,224-7476 * Fax 408-224-7548 Email- info@openspaceauthoriry.org CITY OF MORGAN HILL 17555 PEAK AVENUE MORGAN HILL CALIFORNIA 95037 Phone: (408)779-7259 Far: (408)779-3117 June 3, 1999 Kaitilin Gaffney, Greenbelt Alliance Board of Directors, Mid-peninsula Regional Open Space District Dwight Stendbakken, League of California Cities Santa Clara Board of Supervisors Senator Bruce McPherson Assemblyman Peter Frusetta Re: Resolution 5281, In support of Bear Creek Redwoods Open Space Preserve Enclosed please find Resolution 5281 adopted by the Morgan Hill City Council of May 19, 1999 in support of Bear Creek Redwoods Open Space Preserve. The Morgan Hill City Council is pleased to endorse the acquisition of property from a willing seller by a public agency or land trust so that it may become a benefit to the residents of Santa Clara County. Information may be obtained from The Friends of Bear Creek Redwoods, R.W. Moncrieff, 408-354-2565. Respectfully, Donna L. Hall Interim Council Services & Records Manager cc: R.W. Moncrieff JUN 7 3` y� H AMemos\1999\BearCreek.wpd RESOLUTION NO. 5281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORGAN HILL IN SUPPORT OF BEAR CREEK REDWOODS OPEN SPACE PRESERVE WHEREAS,there is a community effort to permanently preserve the former Alma College property in its natural state for future generations to enjoy as Bear Creek Redwoods Open Space Preserve; and WHEREAS, the property is stunningly beautiful and biologically diverse with oak studded meadows,hillsides of maple, madrone and fir, and steep canyons thick with 100 year old redwoods which harbor numerous species of mammals, birds, and reptiles; and WHEREAS,it is the largest privately held wild area in the Lexington Basin and its protection would preserve a contiguous stretch of undeveloped land critical for watershed and wildlife protection; and WHEREAS,public acquisition would offer opportunities for recreation and trails linking regional open space areas; and WHEREAS, this open space will provide tremendous benefits to the residents of Santa Clara County; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Morgan Hill endorses the permanent acquisition of the 1,100 acres known as the"Alma College Property"from a willing seller by a public agency or land trust so that it may become the Bear Creek Redwoods Open Space Preserve. PASSED AND ADOPTED by the City Council of Morgan Hill at a Regular Meeting held on 19`h day of May, 1999, by the following vote. AYES: COUNCIL MEMBERS: Hedy L. Chang,Cynthia J. Cook,Dennis Kennedy, Greg Sellers, Steve Tate NOES: None ABSENT: None ABSTAIN: None 'W CERTIFICATION t I, DONNA HALL, DEPUTY CITY CLERK OF THE CITY OF MORGAN HILL, CALIFORNIA, do hereby certify that the foregoing is a true and correct copy of Resolution No. 5281 adopted by the City Council at the Regular Meeting on May 19, 1999. WITNESS MY HAND AND THE SEAL OF THE CITY OF MORGAN HILL. DATE: DONNA HALL, Deputy City Clerk Regional Open*ace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: June 11, 1999 SUBJECT: Foster Property Addition to Saratoga Gap Open Space Preserve Escrow closed for the subject transaction on May 20, 1999 and title to and possession of this 184-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 February 24, 1999. DEDICATION CHART INFORMATION Dedication Board Status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Saratoga Gap Foster 2/24/99 5/20/99 184 I cc: Board of Directors D. Dolan Operations Accounting Planning H:\SARATOGA\Foster Closing Merno.wpd 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1 200 FAX: 650-691-0485 • E-mail: mrosdrropenspace.org Web site:www.openspace.org €3o,wl of Directors:Pete Siemens,Mary C Davev, led Cyr, Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Almmger:L.Craig Britton Regilonal — Ae MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 10, 1999 Honorable Howard Wayne Also faxed to Machado, Knox, Sher, Chair, Assembly Natural Resources Committee Cunneen, Lempert Fax: 916-319-2178 Subject: Support for SB 680 Dear Assemblyman Wayne: On behalf of the Midpeninsula Regional Open Space District I am writing to strongly urge your support of Senate Bill 680 (O'Connell). This legislation will create an important tax benefit opportunity for private landowners, while helping to preserve our State's natural resources and lands. It sets up a mechanism whereby significant tax incentives are available when private landowners donate their resource lands to a state or local agency, or to a nonprofit group. This bill will save the State money. The State will credit the donor 55% of the appraised value of the land while the Federal government will pay up to an additional 35% of the cost. In this way, the Federal government will help pay for costs associated with endangered species and land conservation in California. As drafted, there are no costs to the State in the bill. Through the budget process, the Governor and the State Legislature would control the amount of money spent each year on these tax credits. This bill does not currently appropriate any funds for the program; it merely establishes the purchasing agreement so that when money is made available the transactions may take place. Senate Bill 680 is supported by over three dozen business, landowner, and environmental organizations, and has no known opposition. The Midpeninsula Regional Open Space District strongly urges you to support SB 680 as an important means of ensuring the protection of our resource lands in California. Sincerely, 9"GZ. 4q--- Jed Cyr President, Board of Directors JC/mcs cc: MROSD Board of Directors Rachel Dinno, PCL Ralph Heim ,M Dis(el Circles - Los Altos, CA 94022-1404 Phone: 0 0-691-1200 -Y ; FAX: 050-691 0485) « F-mail: mrosdrrol7ensp,t((,.org Web site:�l �ti.opcnspace.org " lh)hIId w I-)If tm, N'te Siemt�11" 11,it C. Da\e\, Wd(-}r, Peane I ittle, Nwwtte Hanko,Bo,v Crrmder, Kennratl7(.-Nit nf�ral h1.m lt,�v:t. (-rai ittun Regional Opej )ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 10, 1999 Honorable Gray Davis Governor, State of California 1st Floor, State Capitol Sacramento, CA 95814 Subject: Support for Bay Area Conservancy Program Budget Augmentation (Item #3760-302-0001) Dear Governor Davis: On behalf of the Midpeninsula Regional Open Space District I am writing to strongly urge your support for funding for the Bay Area Conservancy Program in the amount of$10 million. This funding has already been approved by the budget conference committee and is included in Budget Item#3760-302-0001. The Bay Area Conservancy Program is a unique cooperative effort of local governments and non-profit organizations working in partnership with the State Coastal Conservancy. It is a true example of a regional effort focused on meeting regional needs. We now have a rare opportunity to address some of the enormous backlog of resource conservation and public recreation needs that have been unmet over the past decade, and longer. With appropriate funding, the Bay Area Conservancy Program will support and strengthen local initiatives and encourage inter jurisdictional cooperation by providing competitive, locally-matched grants for key regionally-significant projects. The need for funding is illustrated by employer surveys and public opinion polls which continue to show strong demand for protecting open space and wildlife habitat, and providing both urban and wilderness outdoor recreational opportunities. The very quality of life, and therefore the economic vitality, of the entire Bay Area depends on preserving these resources. Please give your support to this budget item when it comes before you in the next few weeks. Sincerely, i (_;�c'' r Jed Cyr President, Board of Directors JC/mcs Cc: MROSD Board of Directors Honorable Byron Sher John Woodbury, BAOSC Ralph Heim 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 670-691 -1 200 FAV 630-691-048� . E-mail: mros(N opengmce.org . bteh site:vv%%�e.openspace.or 8z.�r<!of OrtGt-tors:Pt°te SiEmcn.,tiL7n < Da�e E€d(`vr, De.'ane Little. A4m�rEte N,inko, t3ttc Cro�cl�r. Kenneth t. Nits .<;rn<ral 4t,zn.�,cr.L Craig Rriftr�n