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MIDPENINSULA REGIONAL OPEN SPACE DISTRICI'
Meeting 00-01
REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
7:30 p.m.
Wednesday, January 12, 2000
330 Distel Circle
Los Altos, California
AGENDA*
ROLL CALL
** ORAL COMMUNICATIONS - Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR-J. Cyr
*** APPROVAL OF MINUTES
• November 10, 1999
• November 17, 1999
• December 15, 1999
*** WRITTEN COMMUNICATIONS
SPECIAL ORDER OF THE DAY
Adoption of a Resolution Supporting Proposition 12 - M. Smith
BOARD BUSINESS
7:30 1 Election of Board Officers for 2000- P. Coats
7:40 2 Adoption of a Resolution Urging Stanford University to Define Future Land Use and Provide
for Long-Term or Permanent Protection of Critical Open Space Areas in its Community Plan -
R. Anderson
8:10 3 Award of Contract (Listing Agreement) for Real Estate Marketing Services to Procure a Tenant
for the Vacant Office Space at 330 Distel Circle, Los Altos; Authorization for the General
Manager to Enter into a Contract with BT Commercial Real Estate, in an Amount Not to
Exceed $26,455 (Payable as a Commission Upon Completion of a Fully Executed Lease
Agreement) for the Marketing, Negotiating, and Procurement of a Tenant for the Vacant Office
Space at 330 Distel Circle, Los Altos - T. Fischer
330 I)istel Cir le • I os Altos, CA 94022-1404 Phone: 650 691-1 200
I AX_ 650-691 0485 • E-mail: mrosd 10 openspace.org Weh site:www_opensl>a(e.org
Ho 'd of Drree tort:Pete Siemens,n1ary(. D,ive v,led i vr, Deane tittle, Nonette Hanko, BetMv(romfer, Kenneth C. Nit/ -Gefwr.el`4,rom,*,r:I Ci.3i,.�Britton
Meeting 99-22 Page 2
8:15 4 Approval of Release for Pacific Gas and Electric Company from the Permit to Enter Conditions
for the Metcalf-Monta Vista Conductoring Project; Authorization for the General Manager to
Execute a Release Allowing the District to Relieve Pacific Gas and Electric Company and its
Contractors from Conditions Agreed to in the Permit to Enter for the Metcalf-Monta Vista
Conductoring Project for the Compensation Amount of$50,000 - D. Vu
8:20 5 Appointment of Administration and Budget Committee for 2000 - P. Coats
*** 6 Approval of Consulting Services Agreement for 2000 with Legislative Consultants Heim,
Noack, Kelly & Spahnn; Authorization for the General Manager to Execute an Agreement with
Heim, Noack, Kelly & Spahnn for Calendar Year 2000 Legislative Consulting Services in
Sacramento - M. Smith
8:25 7 Renewal of Investment Authority and Annual Statement of Investment Policy; Adoption of
Resolution to Extend the Controller's Investment Authority until January 15, 2001 - M. Foster
*** 8 Authorization to Change District's Designation of Authorized Signatories for District Checking,
Accounts; Adoption of a Resolution Amending Rules of Procedure Regarding Financial
Instrument Signatories; Adoption of a Resolution Establishing Signatories for General Checking
Account (Mid-Peninsula Bank); Adoption of a Resolution Establishing Signatories for Payroll
Checking Account (Mid-Peninsula Bank); Adoption of a Resolution Authorizing Telephone
Withdrawals, Deposits, and Wire Transfers (Mid-Peninsula Bank); Adoption of a Resolution
Establishing Financial Instument Signatories of the District for Santa Clara County Accounts --
P. Coats
*** 9 Authorization to Solicit Bids for Five Fire Pumpers for District Patrol Vehicles - D. Topley
*** REVISED CLAIMS
8:30 INFORMATIONAL REPORTS - Brief Reports or announcements concerning pertinent activities of
District Directors and Staff
8:40 ADJOURNMENT
* 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 three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
** All items on the consent calendar may be approved without discussion by one motion. Board members,
the General Manager, and members of the public may request that an item be removed form the
Consent Calendar during consideration of the Consent Calendar.
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Regional
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-27
REGULAR MEETING
BOARD OF DIRECTORS
November 10, 1999
MINUTES
I. ROLL CALL
President Jed Cyr called the meeting to order at 7:30 P.M.
Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane
Little, and Betsy Crowder.
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Members Absent: None.
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Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Randy Anderson,
Malcolm Smith, and Peggy Coats.
II. ORAL COMMUNICATIONS - There were none.
III. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded the
motion. The motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
Motion: B. Crowder moved that the Board adopt the Consent Calendar, including
agenda item 2, Cancellation of November 24, 1999 Regular Meeting and
Schedulingof f a Special Meeting for Midpeninsula Regional Qpen Space District
Board of Directors for November 17, 1999; and agenda item 3, Award of
Contract for Drainage and Surfacing Improvements to Parking Lots Located at
LosTranco Russian Rid and Wind Hill n Space s, u Ridge. Y O.�e pPreserves:,
Authorization for the General Manager to Enter into Contract with Andreini
Bros., Inc. of Half Moon Bay in the Amount of $53,850. for Drainage and
Surfacing Improvements to Three Parking Lots Located at Los Trancos, Russian
Ridge. and Windy Hill Open Space Preserves; and Authorization for the
General Manager to Approve Incremental Change Orders or Unit Price
Additions in Excess of the Bid in An Amount Not to Exceed $15,000 For Items
Not Identified in the Base Bid But Anticipated as Part of the Overall Project. K.
Nitz seconded the motion. The motion passed 7 to 0.
310 [piste) Cirde # I_os Altos, CA 94022-1404 Phone: 650-691-1200
FAX: 650-691-0485 e E-mail: nit osda)openspace.org Web site; www,crpenspace.org
Bojid of lhrettots:Pete Siemens,Marv(. Dave ed C r,Deane Little,None
Y�J Y tie Hankc7,Betsy Crowde r, Kenneth( . Nitz_ -(wru°ra(h9m7<t�er:L.Craiy 43ritUm
Meeting 99-27 Page 2
V. BOARD BUSINESS
A. Eminent Domain in the San Mateo County Coastal Area Under Consideration for
Annexation: Review and Comment on the November 3, 1999 Letter from Supervisor
Rich Gordon. Coastal Advisory Committee ICAO) Chair. and On the Discussions and
Public Comment at the October 26. 1999, CAC Meeting Regarding the District's Use
of Eminent Domain in the San Mateo County Coastal Area Under Consideration for
Annexation: Consideration of Adoption of Policy &Quiring That Any District
Acquisitions on the Coastside be From Willing Sellers Only, Without The Use o
Eminent Domain: Provide Direction to the District's General Counsel to Research and
Develop a Process for Ensuring That This Policy is Secure and Permanent: Provide
Direction to Staff to Initiate Work on the Administrative Procedures for Applying to the
Local Agency Formation Commission For an Annexation, Including the ftm1afion o
a Service Plan, Financial Analysis, and Environmental Documentation: and Request
That the CAC Continue to Meet and to Address and Make Recommendations on the
Remaining Policy Issues It Was Charged With Reviewing amd Acquisition Methods
and Agricultural Preservation) (R=rt R-99-143).
C. Britton introduced the CAC members in the audience and reviewed the staff report.
N. Hanko asked Supervisor Rich Gordon to respond to his request that the CAC
reconvene to determine whether or not the existing CAC process was suitable for
discussion of the remaining policy issues and if deemed not suitable, recommend
alternative processes that might be employed.
Supervisor Gordon said other avenues could be undertaken to complete the final two
policy areas they were originally asked to look at. He said he thought there was
enough information for staff to put something together to share with focus groups or
with the community outside of the CAC process. He said they would reconvene if
asked, but he believed other mechanisms could be used. Whether or not they
reconvened would depend on the action taken by the Board at this or a subsequent
meeting.
Geoff Allen, P. O. Box 2, Pescadero, member of CAC, said he thought they should put
eminent domain behind them and get on to the things that do work. He reviewed the
votes by the committee. He said the District had only used eminent domain once in the
past ten years, and maybe the right of first refusal would be a more powerful tool. On
agriculture and conservation easements the District could buy development rights and
density credits. He said they needed to look at what the District already owns and how
they are managing it. If the District isn't willing to drop the eminent domain policy, he
said he was afraid they would be unable to annex the coast.
Meeting 99-27 Page 3
Mary Hobbs, Moss Beach, representing the Midcoast Council on CAC, read statements
supporting annexation by the District if eminent domain were removed, but could not
fully support the concept until the other policy dialogue had taken place.
Bill Cook, Box 913, Pescadero, presented a petition with approximately 260 signatures
supporting annexation if the District adopted a permanent policy of acquiring land from
willing sellers only.
Harry Haeussler, 1094 Highlands Circle, Los Altos, said he did not believe in eminent
domain in this case and did not agree to the annexation of an area without eminent
domain. He said if the District were to annex the coast and do away with eminent
domain, it should be done in the area already part of the District. He said if the area is
annexed, everyone, including current residents, should be paying the same tax rate.
Oscar Braun, 1589 Higgins Canyon Road, Half Moon Bay, Coastal Family Alliance,
said he had voted for formation of the District when he lived in Palo Alto. He
commented on the 1% growth initiative that had passed in Half Moon Bay and the
existing pattern of slow growth and development on the coast. He "pressed concern
about a tax passing by voters along coast and suggested that the District poll voters
prior to an election.
April Vargas, P. O. Box 370265, Montara, asked that the Board remember that the
coast has a lot of diversity. She asked that they pay attention to all points of view, but
also show leadership and vision to forge a path beneficial to all.
Michael Murphy, 2100 Lobitos Creek Road, Half Moon Bay, Rural Coast Open Space
Trust, suggested approval of staff recommendations. He said he believed the CAC was
effective and that most people would support annexation if eminent domain were off
the table. He commended staff for their recommendation.
Ken Johnson, 401 Beach, Half Moon Bay said three things came out of the CAC: (1)
Eliminate eminent domain and lose nothing. (2) Eliminate eminent domain and
eliminate opposition to annexation. (3) Eliminate eminent domain and get support for a
taxing measure on the coast.
Scott Boyd, P. O. Box 370553, Montara, said the mid-coast contains about half of the
population of the area under consideration. He said the Board should send the CAC
back to do the job it was charged with. They need leadership and direction from the
Board.
Chuck Kozak, P. O. Box 370702, Montara, said he could not support taking action on
eminent domain at this point. He would have liked to have seen greater consensus first.
Meeting 99-27 Page 4
Leonard Woren, El Granada, said he believed the mid-coast needs eminent domain, but
only in developed areas, not agricultural/rural areas, or when a sale would cause a
change from agriculture to a more developed use. He suggested charging the CAC
with addressing the rest of the issues on their list. He read a letter from Carl May.
Peter Marchi, P. O. Box 13, San Gregorio, said the land should be preserved for
everyone. He said eminent domain is not fair.
Zoe Kersteen-Tucker, 776 Buena Vista Street, Moss Beach, Committee for Green
Foothills, expressed dissatisfaction with the CAC. She thought the past eight months
had been used as a platform for private property rights - not adding long-term
protection for the coast. She believed the time would come when the District would
regret not retaining eminent domain.
N. Hanko shared others' disappointment with the CAC not being able to address all the
issues they had been charged with. She supported dropping eminent domain on the
coastside. She thanked members of the CAC and said she thought it was successful as
a committee.
K. Nitz said they needed to look at policy decisions on a long-term basis. He said he
had been in favor of using eminent domain on the coast until about six months ago. He
said the District always uses other methods to acquire land when possible - only 4% of
acquisitions have been through eminent domain. He said some of the land is already
protected on the coast by other means.
M. Davey said the District mission is to preserve open space. Measure F showed that
there was support for the District on the Coast even with eminent domain. She said in
order for them to be successful in annexing the Coast and saving open space, they had
to attract people who voted against them to begin with. She believed the District should
annex the area without eminent domain.
B. Crowder thanked Supervisor Gordon for his work with CAC. She summarized the
content of a letter from POST. She said she personally would like to retain eminent
domain for the same reasons as Mary Hobbs cited in her letter, but she realized it was
politically impossible, so she would be voting against it. She said she would like to
continue working with the agricultural community to study agricultural issues and said
she would not vote in favor of recommendation 5 in the staff report.
D. Little thanked all members of the CAC, Supervisor Gordon in particular. He
addressed the environmental community who might feel that a battle is being lost. He
said by stopping eminent domain, there is the possibility that an alliance between
agriculture and environmental interests can be attained. He said if the District can
Meeting 99-27 Page 5
annex the coast, long-term goals of preservation can be met. To annex the coast,
eminent domain must be removed.
P. Siemens agreed with what most of what other Board members had said. He thanked
the committee. He believed they had now reached a compromise, even though it was
difficult.
J. Cyr agreed with K. Nitz that they needed to take a long-term view. He expressed
appreciation to CAC members. He said if the District isn't on the coast, the District
can provide no value to the people there. Therefore, he would vote in favor of the
recommendations because that would give them more opportunity to work toward a
consensus.
Motion: M. Davey moved that the Board consider adopting a policy that would
require that any District acquisition on the coastside be from willing
sellers only, without the use of eminent domain. P. Siemens seconded
the motion. The motion passed 7 to 0.
Motion: K. Nitz moved that the Board direct the District's general counsel to
research and develop a process for ensuring that this policy is secure and
Permanent (such as through the Local Agency Formation Commission
process).. D. Little seconded the motion. , The motion passed 7 to 0.
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Motion: M. Davey moved that the Board direct staff to initiate work on the
administrative procedures for applying to Local Agency Formation
Commission (LAFCO) for an annexation, including the preparation of a
service plan, financial analysis, and environmental documentation. K.
Nitz seconded the motion. The motion passed 7 to 0.
Motion: M. Davey moved that the Board request the CAC to reconvene for the
purpose of determining whether or not the existing CAC process is
suitable for discussion of the remaining policy issues and, if deemed not
suitable, recommend alternative processes that might be employed. P.
Siemens seconded the motion. The motion passed 6 to 1 (B. Crowder
dissenting).
Discussion: K. Nitz said he would like the CAC to reconvene but would accept their
final decision. J. Cyr agreed.
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At 9:03 P.M., there was a recess.
Meeting 99-27 Page 6
VI. INFORMATIONAL REPORTS
N. Hanko: 1. She reported on the meeting of the Planning and Conservation League she had
attended. 2. Bressler property - the Palo Alto city council has ordered a preliminary title
report. 3. She described the electric bicycle that was demonstrated at the council meeting.
M. Davey: 1. The Stanford Community Plan will be presented to the public on November
15.
P. Siemens: He had talked to Geoff Allen during the break and he had signed the petition.
J. Cyr: B. Crowder and he attended a very informative South Bay Area Open Space Council
meeting at Lockheed.
C. Britton: 1. He agreed that the South Bay Area Open Space Council meeting was very
productive. 2. He had breakfast with Bucky Mace, a land acquisition contractor with the
District. POST gave him a picture to commend his work. 2. Proposition 12 will be the first
bond on the March 7 ballot. Proposition 13, the water bond, will also have funds available for
watershed preservation.
S. Schectman: 1. She referred to a letter she had written to San Mateo County Counsel. 2.
The Eric Diesel restitution hearing is scheduled to take place on Monday. 3. Regarding the
Arlie litigation, the law firm representing the District is preparing a motion to dismiss the
lawsuit against the District.
J. Escobar: 1. He provided an update on the hiring process for Operations Manager and Area
Supervisor. 2. A joint press release with San Mateo County will go out Monday. 3. He
reminded the Board that the District office would be closed tomorrow.
VH. ADJOURNMENT
At 9:50 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
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W-1-glonal Open " . Lice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-28
SPECIAL MEETING
BOARD OF DIRECTORS
November 17, 1999
MINUTES
I. ROLL CALL
President Jed Cyr called the meeting to order at 7:30 P.M.
Members Present: Nonette Hanko (7:34 P.M.), Mary Davey, Jed Cyr, Ken Nitz, Peter
Siemens, Deane Little (7:47 P.M.), and Betsy Crowder.
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Michael Williams,
Del Woods, Randy Anderson
II. ORAL COMMUNICATIONS - There were none.
III. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded the
motion. The motion passed 5 to 0.
C. Britton introduced Audrey Rust, President of POST, and Brian Steen, Former Executive
Director of the Sempervirens Fund.
IV. ADOPTION OF CONSENT CALENDAR
B. Crowder removed agenda item 4, Annual Seasonal Trail Closures Information Report; K.
Nitz removed Revised Claims 99-20.
Motion: P. Siemens moved that the Board adopt the Consent Calendar including agenda
item 5, Final Adoption Of A Use and Management Plan Amendment For a
Minor Trail Realignment at Windy Hill Open Space Preserve: Adoption of a
Use and Management Plan Amendment to Realign an Approximately 300-Foot
Section of Trail Adjacent to the Southern Boundary of the Sequoias Retirement
Community in Windy Hill Open Space Preserve; agenda item 6, Cancellation
of December 8 and December 22 Regular Meetings and Schedulingof f a Smial
Meeting of the Midpgninsula Regional Open Space District Board of Directors
W Distel Circle - Los Altos, CA 94022 1404 Phone: 650-691-1200
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FAX: 650-691 0485) # 1--mail: Web Site:www.openspac e.org
t3o,rrd of Oiret torn:Pete Siemens,Mare C. Davey,led Cyr, [ emw Iot� r�, Bats,Crowder,Kenneth C�. Nitz ( rx �Litth^, Noncttr�Hank } °r,rl rbiana,�er:L t r,u};E�rittr>it
Meeting 99-28 Page 2
for December 15, 1999; and agenda item 7, Correct a Tymewhical Error in
Resolution 97-30, A Resolution of the Board of Directors of the Midwninsul
Regional QWn Space District Authorizing the General Manager to A=rgve or
Deny Certain Legal Claims Against the District. to Approve Amendments to
Permits to Enter District Property and to Contract for the Payment of Services.
Supplies, Materials. or Labor Pursuant to Public Resources Code Section
5549(b): Adopt a New. Corrected Resolution Authorizing the General Manager
to Administratively Approve or Deny Certain District Actions. K. Nitz
seconded the motion. The motion passed 5 to 0.
V. BOARD BUSINESS
A. Agenda Item No. I - Proposed Lease and Management Agreement With Guadalupe
Land Company for Property Adjacent to Mt. Umunhum Area of Sierra AM Oven
Space Preserve: Determination that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act•, Authorization for the General
Manager to Sign a Lease and Management Agreement With Guadalupe Land Company;
and Tentative Adoption of a Preliminary Use and Management Plan Recommendation -
aeMrt R-99-149),
D. Woods showed the location of the property in relation to the rest of the District.
Audrey Rust showed slides of the property.
C. Britton explained why the District was leasing rather than buying the property. He
said POST has not yet raised the money, and leasing provides opportunities to obtain
grants. In addition, there may be some property tax advantages.
D. Woods described Use and Management issues including problems with people
parking on turnouts and having parties, and rock climbers on Guadalupe Rock. He said
there were two homes on the adjacent private property.
C. Britton provided historical information and said staff would probably close the trail
up Rincon Creek until there was a plan tying that trail into the rest of the area.
D. Woods said the fencing referred to is lying in the grass near Hicks Road. He said
they will work with the Sheriff in regard to parking late at night. J. Escobar said more
time will be invested in building the fence than in patrol. D. Woods said the rock on
this property is probably part of the same rock formation as the one on the former
Rancho Guadalupe property.
Meeting 99-28 Page 3
C. Britton said the two-year term of the agreement is to allow time to raise money.
There is a provision for extending the agreement. A. Rust said they needed time to
apply for property tax relief as well as to achieve funding.
C. Britton said the gates would be standard District pipe gates. S. Schectman noted
that the District could enforce their ordinance because it is property they use and
control. D. Woods explained why the property was being named as an addition to Mt.
Umunhum instead of Rancho Guadalupe.
Motion: N. Hanko 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; authorize the General Manager to sign the
lease and management agreement with Guadalupe Land Company, a
Peninsula Open Space Trust wholly owned corporation, and subject to
approval by the General Manager and General Counsel, to approve
minor revisions to the agreement which do not substantially change any
material term of the agreement; and tentatively adopt the Preliminary
Use and Management Plan recommendations contained in the report. P.
Siemens seconded the motion. The motion passed 7 to 0.
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C. Britton talked about the history of the acquisition and the process and thanked
Audrey Rust.
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B. Agenda Item No. 2 - Propgsed Approval of a Settlement and Release Agreement in the
Matter of Mid peninsula Regional Open Space District v. Ireland, Case No. 772320:
and Determination That the Recommended Action is Categorically Exempt from the
California Environmental Quality Act- (Report R-99-150).
S. Schectman outlined the terms and conditions of the proposed settlement. She
suggested adding a recommendation to authorize the Board President to execute the
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subsequent documents (the easement amendments themselves) and any and all other
documents necessary or appropriate to complete this settlement. She said the new
conservation easement area could not have structures built within it.
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D. Woods showed slides of the property.
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S. Schectman said she would provide the costs for legal fees for this litigation, but that
they were not substantial. However, due to the protracted negotiations with Mr.
Ireland, it took more staff time than such a relatively simple matter should have taken.
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With regard to the possibility of expanding parking, D. Woods explained that on the
eastern portion of the site the District was not getting new land, but changing the
conservation easement into an open space easement. They would still have the same
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Meeting 99-28 Page 4
constraints. D. Woods said they had done preliminary design on two occasions for 8-
12 spaces.
S. Schectman explained how the gazebo had been placed in its current location, stating
that staff did not know if the owner had intentionally mislocated it. She said the
message she hopes the lawsuit sent was that the District Board is proactive in enforcing
encroachments onto District land. C. Britton added that the encroachment is about two
feet. The owner understands that the District will enforce the terms of the easements in
the future.
D. Woods said the owner could do fire protection disking in the open space easement
before the settlement. Now disldng is confined to the conservation easement. He
showed the location of the fence.
Motion: P. Siemens moved that the Board determine that the recommended action
is categorically exempt from the California Environmental Quality Act;
approve the Settlement and Release Agreement in the matter of
Mid pgninsula Regional QWn Space District v, Ireland: and authorize the
Board President to execute the subsequent documents the easement
amendments themselves) and any and all other documents necessary or
appropriate to the transaction. D. Little seconded the motion. The
motion passed 7 to 0.
C. Agenda Item No. 3 - Proposed Addition of Mesenburg FpQgg-r-ty to the Mt. Umunhum
Area of the Sierra Azul Qpg—n Space Preserve: Determination that the Recommended
Actions are Categorically Exempt From the California Environmental Quality Act!
Adoption of a Resolution Authorizing Purchase of the Mesenburg Proper : Tentative
Adoption of Preliminary Use and Management Plan Recommendations, Including
Naming the Property as an Addition to the Mt. Umunhum Area of the Sierra Azul
QWn Space Preserve: and Indication of Intention to Withhold Dedication of the
PLQWrty as Public QKn Space At This Time - Report R-99-142).
D. Woods presented the staff report. He said when the public road stops, the easement
could not be used for patrol and maintenance unless the District acquired additional
rights. Regarding use of the road, S. Schectman said each easement is defined by the
terms of that specific easement.
D. Woods showed slides of the property. He noted that there were no problems on the
site with illegal use and said he thought it would be an easy property to manage.
M. Williams described the terms and conditions of the agreement.
Meeting 99-28 Page 5
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Motion B. Crowder moved that the Board determine that the recommended
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actions are categorically exempt from the California Environmental i
Quality Act as set out in the staff report; adopt Resolution No. 99-46,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Authorizing Acceptance of Purchase Agreement,
Authorizing Officer to Execute Certificate of Acceptance of Grant to
District, and Authorizing General Manager to Execute Any and All
Other Documents Necessary or Appropriate to Closing of the
Transaction (Sierra Azul Open Space Preserve - Lands of The Estate of
Mesenburg); tentatively adopt the Preliminary Use and Management Plan
recommendations contained in the report, including naming the property
as an addition to the Mt. Umunhum Area of the Sierra. AM Open Space
Preserve; and indicate their intention to withhold dedication of the
property as public open space at this time K. Nitz seconded the motion.
The motion passed 7 to 0.
D. Agenda Item No. 4, Annual Seasonal Trail Closures Information Report - (Report R-
99-151).
B. Crowder said she appreciated the explanation given for the term "interim." She
said that, in her opinion, all the trails in preserves 5 and 6 were unsuitable for multi-
use.
Harry Haeussler, 1094 Highlands Circle, Los Altos, questioned why the chart referred
to use by bicyclists and equestrians on the Zinfandel Trail since it is designated for
hikers only. C. Britton explained that it was not formally dedicated that way, so it is an
interim closure until the Board makes its decision. The Board has not taken official
action as to uses, but staff feels it should be closed.
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J. Escobar answered questions about the volunteer trail report.
VI. REVISED CLAIMS
In response to K. Nitz's questions regarding claims, staff informed him as follows: Claim
7599 - District-hired forester to oversee the timber contract with Big Creek. Claim 7546, staff
training - instructor for non-discrimination and sexual harassment. Claim 7612 - should have
been starred.
Motion: K. Nitz moved that the Board approve Revised Claims 96-20. P. Siemens
seconded the motion. The motion passed 7 to 0.
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Meeting 99-28 Page 6
VII. INFORMATIONAL REPORTS
M. Davey: 1. Monday, the second draft of the Stanford Community Plan was submitted. She
talked about the problems including protection of open space, added academic services
boundary, and increase in housing proposed. There will be a public hearing on December 9 at
the Palo Alto Council Chambers. 2. She said Palo Alto had postponed the auction of the
Bressler property until December 1. 4. Her husband had heard a presentation on KQED about
trails being illegally built on District lands.
N. Hanko: 1. Stanford Plan - she said the sites chosen for schools were within sight of
Coyote Hill. In addition, the academic growth boundary does not go south to include the
whole Coyote Hill area. 2. The postponement of the Bressler property auction might not
make any difference where the Council is concerned.
B. Crowder: 1. She had a notice from Bay Trail about grants available to extend the Trail.
VIII. ADJOURNMENT
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At 8:57 P.M. the meeting was adjourned. j
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Roberta Wolfe
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Recording Secretary
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Claims No. 99-20
Meeting 99-28
Date: November 17, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7525 36.34 AirTouch Paging Pager Service
7526 60.14 Randy Anderson Vehicle Expense
7527 165.00 A-Tool Shed Equipment Rental Rental Equipment
7528 325.00 A-Total Fire Protection Company Fire Equipment Testing Service
7529 243.13 All Laser Service Laser Printer Service
7530 11.07 AT&T Telephone Service
7531 90.72 Browning-Ferris Industries Dumpster Service
7532 64.80 Dick Bruhn, Inc. Uniform Supplies
7533 26.29 Cabela's Inc. Uniform Supplies
7534 4,885.50 California Conservation Corps Teague Hill Brush Removal
7535 3,496.00 *1 California Suites Law Enforcement Academy Housing
7536 66.96 California Water Service Water Service
7537 24,262.07 Cal-Line Equipment Inc. Brush Chipper
7538 90.00 Camino Medical Group Medical Services
7539 45.45 Capitol Enquiry CA Legislature Directory
7540 56.52 CASIO, Inc. Office Supplies
7541 100.00 Compurun Systems Computer Consultant
7542 156.98 Costco Wholesale Office Supplies
7543 4,332.20 D &M Engineering Purisima Creek Storm Damage Repair
7544 150.00 Jim Davis Automotive Smog Checks and Vehicle Repair
7545 27.06 Design Signs Sign Lettering
7546 1,950.00 Emily&Associates Staff Training
7547 22.28 Emergency Vehicle Systems Light Bulbs
7548 191.10 Film To Frame Film&Processing
7549 382.75 Foster Brothers Security Systems, Inc. Locks &Keys
7550 1,029.55 Sandy Gimbal Contract Planner Services
7551 1,030.58 Golden Gate Mechanical Plumbing Repair-Distel Building
7552 183.18 Goodco Press, Inc. Brochure Printing
7553 360.00 GreenWaste Recovery, Inc. Dumpster Service
7554 131.81 GTE Wireless Cellular Phone Service
7555 5.09 Honda Peninsula Air Filter
7556 220.50 International Assessment Services, Inc. Human Resources Consultation
7557 4,260.00 Tamara Kan Plant Ecologist
7558 35.07 Lab Safety Supply Field Equipment
7559 843.78 Lanier Worldwide, Inc. Copier Supplies
7560 246.08 Los Altos Garbage Company Dumpster Service
7561 469.99 *2 Lucent Technologies Telephone Maintenance
7562 36.24 MCI World Com Telephone Service
7563 81.62 MetroMobileCommunications Radio Repairs and Maintenance
7564 qO.36 Ken Miller Reimbursement--Uniform
60.00
7565 4.37 Minton's Lumber&Supply Field Supply
7566 105.57 Moffett Supply Company Janitorial Supplies
7567 59.36 Mountain View Garden Center Field Supplies
7568 338.05 Orlandi Trailer Trailer Repair
7569 448.57 Pacific Bell Telephone Service
7570 237.40 Palo Alto Weekly Recruitment Advertisement
Page 1
Claims No. 99-20
Meeting 99-28
Date: November 17, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Amount Name Description
7571 45.00 PAPA Pesticide Training-P. Congdon
7572 357.23 void Pastorino Hay Straw-Halloween Event
7573 230.53 Peninsula Blueprint Printing Services
7574 457.42 PIP Printing Printing Services
7575 21.25 Potrero Publishing Resource Document
7576 14.78 Precision Engravers Engraving Services
7577 118.16 Pringle Tractor Company Tractor Parts
7578 3.23 Rancho Hardware&Garden Shop Dust Mask
7579 67.19 R. E. Borrmann's Steel Co. Field Supplies
7580 1,105.88 Redwood General Tire Co., Inc. Tires
7581 618.60 Regal Dodge, Inc. Vehicle Repair
7582 139.12 Robert's&Brune Co. Pipe
7583 19.83 Royal Brass Inc. Field Equipment Repair
7584 1,261.81 Roy's Repair Service Vehicle Maintenance&Repair
7585 539.48 San Jose Mercury News Legal Advertisement
7586 965.80 *3 San Mateo County Permits
7587 -206.88 Santa Clara Co. Purchasing Dept. Road Hares
227.48
7588 75.00 *4 Santa Cruz County Resource Conservation District Training-J. Kowaleski, M. Casaretto, J. Cahi
P. Congdon&C. Beckman
7589 759.53 Shell Oil Company Fuel
7590 181.00 Signs of the Times Signs
7591 894.15 Silacci's Feed Barn Gates
7592 184.10 Skyline County Water District Water Service
7593 43.74 Skywood Trading Post Fuel
7594 1,200.00 Slaght Living Trust December Rent Per Agreement
7595 81.60 Malcolm Smith Vehicle Expense
84.32
7596 850.00 Sun Valley Tree Care Inc. Tree Removal Service
7597 1,592.00 State of CA-Dept. of Water Resources Rickey Dam Permit
7598 506.07 *5 Tap Plastics Sign Materials
7599 3,120.00 Edward Tunheim Consulting Forester Service
7600 49.09 Turf&Industrial Equipment Company Tractor Supplies
7601 135.25 United Rentals Rental Equipment
7602 2,688.13 US Bank Note Paying Agent Fees
7603 225.00 Verio Pacific Internet Service Provider
7604 2,060.00 WAC Corporation Aerial Photos
7605 204.34 West Group Payment Center Law Library On-Line Service
7606 130.04 Michael Williams Vehicle&Business Meeting Expense
7607 49.48 Wolf Camera Photography Services
74.62
7608 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Security
7609 23.92 W.W. Grainger Field Equipment
7610 54.00 Lisa Zadek Reimbursement--Tuition
7611 69.00 ZD Journals Subscription
7612 519,000.00 North American Title Company Mesenburg Property Purchase
7613 683.30 Carleen Bruins Reimbursement--NAI Conference
619.11
Page 2
A4
Claims No. 99-20
Meeting 99-28
Date: November 17, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7614R 597.13 Acme &Sons Sanitation Sanitation Services
7615R 258.04 All Laser Service Laser Printer Supplies &Servicing
7616R 57.21 AT&T Telephone Service
7617R 145.00 Bill's Towing&Recovery Towing Services
7618R 368.62 Bowerman Electric Enterprise Rental Electrical Repairs
7619R 644.00 California Suites Law Enforcement Academy Housing
762OR 284.47 Cal-Line Equipment Inc. Chipper Parts
7621R 520.00 Camino Medical Group Medical Services-Audiograms
7622R 8,628.61 Carpenter Printing Winter Newsletter Printing
7623R 381.54 Carsonite International Roadmarkers
7624R $276.97 Cole Supply Co., Inc. Janitorial Supplies
7625R 100.46 Dacco Industrial Supply Equipment Filters
7626R 87.60 Deluxe Business Forms Federal Forms-Year End Statements
7627R 39.42 Emergency Vehicle Systems Vehicle Equipment
7628R 394.98 Ergonomic Sciences Corporation Office Supplies
7629R 105.15 Foster Brothers Security Systems, Inc. Padlocks
7630R 168.95 Matt Freeman Vehicle Expense
7631R 116.89 Gall's Inc. Vehicle Supplies
7632R 141.35 Gardenland Power Equipment Field Supplies
7633R 464.79 G. P. Sports ATV Repairs
7634R 80.92 GTE Wireless Cellular Phone Service
7635R 52.97 Phil Hearin Reimbursement--Resource Document
7636R 31.77 Hyster Sales Company Equipment Parts
7637R 241.26 Kinko's Printing Services
7638R 86.92 Lab Safety Supply Hazardous Materials Supplies
7639R 935.20 Lanier Worldwide, Inc. Copier Lease Agreement
764OR 72.54 Lucent Technologies Phone Maintenance
764IR 83.64 Paul McKowan Reimbursement--Meeting Supplies
7642R 707.09 MetroMobileCommunications Vehicle Equipment
7643R 316.70 Moffett Supply Company Janitorial Supplies
7644R 4,000.00 *6 Navarone Industries, Inc. Winter Newsletter Mailing Deposit
7645R 41.72 Northern Energy, Inc. Propane Service
7646R 146.58 Northern Tool&Equipment Co. Equipment Parts
7647R 570.62 Office Depot Office Supplies
7648R 210.82 Office Helper Office Supplies
7649R 801.90 Orchard Supply Hardware Field Supplies
7650R 75.47 Pacific Bell Telephone Service
7651R 360.03 Pinecone Lumber Co., Inc. Field Supplies
7652R 255.64 Pitney Bowes Credit Corp. Postage Machine Lease
7653R 15.03 Precision Engravers Name Tag Engraving
7654R 36.13 Rayne Water Conditioning Water Service
7655R 18.00 Redwood General Tire Co., Inc. Tire Repair
7654R 1,488.76 Eric Remington Wildlife Assessment Consultant--BCR
7657R 380.00 Richard P. Carr Physical Therapy Inc. Ergonomic Evaluation Consultant
7658R 34.77 Royal Brass Inc. Equipment Parts
7659R 2,246.78 Roy's Repair Service Vehicle Repairs&Maintenance
766OR 130.99 Safety-Kleen Solvent Tank Service
7661R 124.00 Sequoia Analytical Water Testing Service
Page 3
Claims No. 99-20
Meeting 99-28
Date: November 17, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7662R 90.66 Shelton, Inc. Culvert
7663R 920.73 Signs of the Times Signs
7664R 298.77 Silacci's Feed Barn Inc. Gates
7665R 124.45 Skywood Trading Post Fuel
7666R 324.00 Speedy Auto&Window Glass Window Replacement
7667R 386.14 Therma Corp. HVAC Service-Distel Building
7668R 3,052.65 United Rentals Equipment Rental
7669R 1,972.34 Visa 377.58-CARPOSA Conference Expense
345.00-NRPA Registration-J. Escobar
222.73-Computer Supplies
170.00-Subscriptions&Advertisement
271.49-Digital Photo Processing/Film
353.01-Field Supplies
15.08-Office Supplies
64.45-Business Meeting Expense
153.00-Health Dept. Permit/Planning
767OR 437.35 Petty Cash Halloween Event Supplies, Local Business
Meeting Expense, and Training Expense
*1 Urgent Check Issued November 12, 1999
*2 Urgent Check Issued October 27, 1999
*3 Urgent Check Issued November 4, 1999
*4 Urgent Check Issued November 4, 1999
*5 Urgent Check Issued November 5, 1999
*6 Urgent Check Issued November 9, 1999
Total 627,216.66
*Due to the cancellation of the December 8th. meeting, revised claims is
larger than normal in order to pay vendors and avoid finance charges.
Page 4
Regional n ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-29
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
December 15, 1999
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Jed Cyr called the meeting to order at 6:33 P.M.
Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane
Little, and Betsy Crowder.
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman, Tom Fischer, Del Woods, and John Escobar.
H. CLOSED SESSION
At 6:33 P.M., J. Cyr stated that the Board would adjourn to Closed Session for the purpose of a
conference with General Counsel.
The Board recessed to Closed Session at 6:33 P.M. and the Closed Session commenced at 6:33
P.M. The Board concluded the Closed Session at 7:24 P.M.
REGULAR MEETING
III. J. Cyr called the Regular meeting to order at 7:32 P.M. He noted that no reportable action had
taken place in Closed Session.
Additional Staff Present: John Escobar, Deirdre Dolan, Randy Anderson, Malcolm Smith,
Thomas Fischer, Jodi Isaacs, Michael Williams, Del Woods, and Peggy Coats.
R. Anderson introduced Dennis Dart, Planning Technician
IV. ORAL COMMUNICATIONS
Linda Cohen, 935 Scott Street, Palo Alto, read a letter from the Stanford Open Space Alliance
regarding designating Stanford foothills west of Junipero Serra as Permanent open space. She
3;0 Distel Circle . Los Altos, CA 94022-1404 Phone: 050-691-1200 „
LAX: 650-691-0485 . F-t-nail: mrosd(,)openspace.ort, Web site:www.openspace.org '
Bwrrt of Dirty(tors Pete Siemens,Mary C.Davey, led Cyr,Deane Little, Nonette Hanko, Bet'y(fowder, Kenneth C. Nit/ .(;f ner.r!M.rn r,.,tr:1. Cnut;Briltnn
Meeting 99-29 Page 2
asked the Board to put the matter on the agenda at a future meeting and adopt a resolution
supporting this idea.
Bill Cook, Box 913, Pescadero, said he thought the communication that had been developed
with the people on the coast was valuable and he wanted to keep the door open for future
communication.
V. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded the
motion. The motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
B. Crowder asked that page 3, third paragraph, of the October 27 minutes be corrected to
show Dave Moore's title as Assistant Superintendent.
D. Little asked staff to check on the spelling of the name on page 4, second paragraph, stating
he thought it was "Chibana".
Staff answered questions regarding claims 7781 and 7782.
B. Crowder and N. Hanko asked that the Ah1quist letter be changed to be more friendly. C.
Britton said staff would work with the Board President.
Motion: P. Siemens moved that the Board adopt the Consent Calendar, including
approval of the minutes of the October 27, 1999 Regular and Special Meetings
as corrected; an amended reply to a written communication from Blair Ahlquist,
6696 Crystal Springs Drive, San Jose; agenda item 6, Final Adoption of an
Amendment to the Use and Management Plan for Skyline Ridge QW,—n Space
Preserve to Install a Bench and Commemorative Plggu ; and Revised Claims
99-21. M. Davey seconded the motion. The motion passed 7 to 0.
VU. BOARD BUSINESS
A. Agenda Item 1 - Tentative Ado tion of Amendment to the Preliminary Use and
Management Plan for Bear Creek Redwoods Open Space Preserve to Continue Horse
Boarding Facility Use, and Approval of Bear Creek Stables Rental Agreement:
Determination that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act: Tentative Adoption of an Amendment to the
Bear Creek Redwoods Oren Space Preserve Preliminary Use and Management Plan to
Provide for a Month-to-Month Rental Agreement for the Operation of the Existing
Horse Boarding Facility: and Authorization for the General Manager to Execute the
Meeting 99-29 Page 3
Bear Creek Stables Rental Agreement for Bear Creek Redwoods Open Space Preserve
-(Report R-99-159).
T. Fischer presented the staff report, noting that the rental agreement is month-to-
month until a long-term agreement can be reached. The rent is $2,000 per month.
Regarding the limit of 72 horses on the site, he said there are not that many now, and
they are not going to be boarding more horses.
T. Fischer said there is a permit system for boarders to ride on the property, and they
are working on one for the general public. No more than 12 horses can be on the trails
at any one time. He said he would find out if water quality testing on Briggs Creek had
been done. He said dogs are allowed on the premises but not the preserve. In
reference to section 9(c) on page 3 of the agreement, he said the tenant would be in
violation of the agreement if the permits and approvals were not obtained. He said the
tenants are responsible for maintenance of the buildings.
He said use of the preserve is bound by normal District regulations, which limits where
users can go. J. Escobar said field staff is looking at the trail system and will be
making recommendations. The owners are aware there might be some trail closures.
T. Fischer said the riders are using existing trails and do remain on them. There are
many miles of roads that can be used.
Regarding concerns about the manure removal plan, a runoff plan, and whether water
monitoring was taking place, D. Woods said staff would continue to work toward a
long-term agreement which would involve monitoring waterways. Board members
urged that the water quality monitoring begin soon.
Motion: P. Siemens moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act; tentatively adopt an amendment to the Bear Creek
Redwoods Open Space Preserve Preliminary Use and Management Plan
to provide for a month-to-month rental agreement for the operation of
the existing horse boarding facility; and authorize the General Manager
to execute the Bear Creek Stables Rental Agreement for Bear Creek
Redwoods Open Space Preserve. M. Davey seconded the motion.
Discussion: Harry Haeussler, 1094 Highlands Circle, Los Altos, asked about parking
for horse trailers and how the number of users would be controlled. T.
Fischer pointed out the designated parking areas on a map. D. Woods
said they are continuing existing uses which means very limited use.
The limits are based on past use.
Vote. The motion passed 7 to 0.
Meeting 99-29 Page 4
B. Agenda Item 2 - Proposed Addition of Greenblatt RrQpgM to the Long Ridge Open
Space Preserve: Determination that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act: Adoption of a Resolution
Authorizing Purchase of the Greenblatt EEQWrty: Tentative Adoption of Preliminary
Use and Management Plan Recommendations. Including Naming the Property as an
Addition to the Long Ridge QWn Space Preserve: and Indication of Intention to
Withhold Dedicating the Property as Public Open Space - (Reporter at This Time
158).
D. Woods showed the location of the property on a map and how it could be accessed,
and showed slides taken on the property. He said the property was outside District
boundaries but within the District's sphere of influence.
M. Williams reviewed the terms and conditions of the acquisition. He said the property
was part of Portola Heights. There is an annual assessment of$300 per parcel for road
maintenance, and there can be special assessments.
Motion: N. Hanko moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality Act
as set out in the report; adopt Resolution No. 99-47, Resolution of the
Board of Directors of Midpeninsula Regional Open Space District
authorizing Acceptance of Purchase Agreement, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and authorizing
General Manager to Execute Any and All Other Documents Necessary
or Appropriate to Closing of the Transaction (Long Ridge Open Space
Preserve - Lands of Greenblatt et al.); tentatively adopt the Preliminary
Use and Management Plan recommendations contained in the staff
report, including naming the property as an addition to the Long Ridge
Open Space Preserve; and indicate their intention to withhold dedicating
the property as public open space at this time. D. Little seconded the
motion. The motion passed 7 to 0.
The President moved the agenda to Item. No. 8.
C. Agenda Item 8 - Proposed Addition of Proctor and Collins Properties to the
Thornewood Qpen Space Preserve; Determination that the Recommended
Actions are Categorically Exempt from the California Environmental Quality
Act: Adoption of a Resolution Authorizing Purchase of the Robert Proctor, et
al. Property: Adoption of a Resolution Authorizing Purchase of the Glenn
Proctor ProWM: Adoption of a Resolution Authorizing Purchase of the Collins
PrQMM: Tentative Adoption of Preliminary Use and Management Plan
Recommendations. Including Naming the REQggrfies as Additions to the
Meeting 99-29 Page 5
Thomewood Open Space Preserve; and Indication of Intention to Dedicate the
Properties as Public Open Space - (Report R-99-161).
M. Williams pointed out the property on a map and said the District now has the
opportunity to acquire all the properties.
D. Woods showed slides of the area. He said the bridge is the most important
thing to be addressed by the Use and Management report because the area is so
popular. During the time before the District takes possession of the property,
he hoped they could work with the Woodside Trails Club to keep a bridge in
place.
B. Crowder said a number of cars park on the hairpin turn, and if this became
another access to Thomewood that could become a problem. D. Woods said
there is a sign limiting parking between 6:00 P.M. and 6:00 A.M. He said staff
would have to monitor those problems and that they would work with other
options to redirect use.
C. Britton said the lots go to the edge of the road, not the center of the road, so
the road is still owned by the original subdividers of the property. This has not
been a problem in other similar situations.
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 No. 99-51, Resolution of the Board of Directors
of Midpeninsula Regional Open Space District Authorizing
Acceptance of Purchase Agreement, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and
authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (lbomewood Open Space 'Preserve - Lands of
Collins - Parcel Three); adopt Resolution No. 99-50, Resolution
of the Board of Directors of Midpeninsula Regional Open Space
District Authorizing Acceptance of Purchase Agreement,
Authorizing Officer to Execute Certificate of Acceptance of Grant
to district, and Authorizing General Manager to Execute Any and
All Other Documents Necessary or Appropriate to Closing of the
Transaction (Thomewood Open Space Preserve - Lands of Glenn
Procter et al. - Parcel Four); adopt Resolution No. 99-49,
Resolution of the Board of Directors of Midpeninsula Regional
Open Space District Authorizing Acceptance of Purchase
Agreement, Authorizing Officer to Execute Certificate of
Meeting 99-29 Page 6
Acceptance of Grant to District, and Authorizing General
Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Thornewood Open
Space Preserve - Lands of Robert Procter et al. - Parcel One);
adopt Resolution No. 99-52, Resolution of the Board of Directors
of Midpeninsula Regional Open Space District Authorizing
Acceptance of Purchase Agreement, Authorizing Officer to
Execute Certificate of Acceptance of Grant to District, and
Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (Thomewood Open Space Preserve - Lands of
Proctor et al. - Parcels Two and Five); tentatively adopt the
Preliminary Use and Management Plan recommendations
contained in the staff report including naming the properties as an
addition to the Thornewood Open Space Preserve; and indicate
their intention to dedicate the properties as public open space. K.
Nitz seconded the motion. The motion passed 7 to 0.
D. Agenda Item 3 - Authorization to Contract for Resource Inventory and Assessment
Planning Services at Sierra Azul Oxen Space Preserve: Determination that the Proposed
Sierra Azul Open Space Preserve Resource Inventory and Assessment Project is
Categorically
Exempt from the California Environmental Quality Act: Authorization for
the General Manner to Execute an Agreement with Aerial Information Systems in the
Amount Not to Exceed $18.500 to Provide Vegetation and Habitat Mapping Services at
Sierra Azul QZn- Space Preserve: Authorization for the General Manager to Execute an
Agreement with Biotic Resources Group in the Amount Not to Exceed $37.950 to
Conduct a Botanical Inventory and Assessment at Sierra Azul Qwn Space PreservII
e:
Authorization for the General Manager to Execute an Agreement with Dana Bland and
Associates in the Amount Not to Exceed $32.500 to Conduct a Wildlife Inventory and
Assessment at Sierra Azul Open Space Preserve: Authorization for the General
Manner to Execute an Agreement Eric Remington in the Amount Not to Exceed
$5.000 to Provide Assistance to Dana Bland and Associates with the Wildlife Inventory
at Sierra Azul Open Space Preserve: Authorization for the General Manager to Execute
an Agreement with Jeff Nolan and Associates in the Amount Not to Exceed $42.750
Conduct a Geological and Soils Inventory and Assessment at Sierra Azul QW—n Space
Preserve; Authorization for the General Manager to Execute an Agreement with
Swanson Hydrology and Geomorphology in the Amount Not to Exceed $20,000 to
Conduct a Hydrological and Water Oualijy Inventory and Assessment at Sierra Azul
Qpen SpaceAuthorization
Preserve: Authori on for the General Manager to Execute an Agreement
with Steven Singer in the Amount Not to Exceed $12,000 to Conduct an Assessment o
the Roads and Trails at Sierra Azul Qen Space
Preserve: Authorization for the General
Manager to Execute an Agreement with Gavin Hoban in the Amount Not to Exceed
$11,500 to Provide Assistance to Steven Singer with the Road and Trail Assessment
Meeting 99-29 Page 7
and to Coordinate Production of Maps and Graphics for the Project Using Global
Position Satellite (GPS) and Geographic Information System (GIS) Technology:
Authorization for the General Manager to Execute an Agreement with Charlene Duval
in the Amount Not to Exceed $7,500 to Conduct an Inventory and Assessment of the
Cultural. Historical, and Archaeological Features at Sierra Azul QW—n Space- Preserve:
and Authorization for the General Manner to Purchase a Trimble Pro XR Global
Positioning Satellite (GPS) Receiver in the Amount Not to Exceed $11.750 Through
California Multiple Award Service Contract for Use in Resource MWing Activities.
and Authorization for the General Manner to Transfer This Amount from the Planning
Proaram's Contract Services Budget to the Capital Equipment Budget - WeWrt R-99-
iuL
M. Freeman described the project and provided background information, outlining staff
recommendations. He said $200,000 covered the development of the resource
inventory for the entire preserve. Very preliminary estimates for Phase H are an
additional $50,0004100,000. Discussion followed regarding purchase of the GPS
receiver.
P. Siemens said he liked the recommended approach because it got staff more involved
with running the job. He said he hoped staff would document methods as well as
results.
Regarding the phrase "wildlife inventory", M. Freeman said it was a catchall phrase
for mapping and documenting resources. He said staff proposes to generate lists of
predicted species, then document what they see in the field. The geological and soils
inventory was expensive because one of the tasks included mapping historic roads and
development patterns. He said there will be aerial images from before and after the
1985 fire, and that staff will be focusing on fire potential. He said consultants
understand that they are not allowed on private properties without permission. He said
the topographical relief map was based on a digital elevation model in the GIS.
Harry Haeussler, 1094 Highlands Circle, Los Altos, congratulated them for getting
started on this project. M. Freeman explained the reasons for hiring contractors to help
other contractors (recommendations 5 and 9). C. Britton said the District would be
acting as the general contractor on this project.
Motion: K. Nitz moved that the Board determine that the proposed Sierra Azul
Open Space Preserve Resource Inventory and Assessment Project is
categorically exempt from the California Environmental Quality Act
(CEQA), based on findings contained in the staff report; authorize the
General Manager to execute an agreement with Aerial Information
Systems in the amount not to exceed $18,500 to provide vegetation and
habitat mapping services at Sierra Azul Open Space Preserve; authorize
------- -- - - -
Meeting 99-29 Page 8
the General Manager to execute an agreement with Biotic Resources
Group in the amount not to exceed $37,950 to conduct a botanical
inventory and assessment at Sierra Azul Open Space Preserve; authorize
the General Manager to execute an agreement with Dana Bland and
Associates in the amount not to exceed $32,500 to conduct a wildlife
inventory and assessment at Sierra Azul Open Space Preserve; authorize
the General Manager to execute an agreement Eric Remington in the
amount not to exceed $5,000 to provide assistance to Dana Bland and
Associates with the wildlife inventory at Sierra Azul Open Space
Preserve; authorize the General Manager to execute an agreement with
Jeff Nolan and Associates in the amount not to exceed $42,750 to
conduct a geological and soils inventory and assessment at Sierra Azul
Open Space Preserve; authorize the General Manager to execute an
agreement with Swanson Hydrology and Geomorphology in the amount
not to exceed $20,000 to conduct a hydrological and water quality
inventory and assessment at Sierra Azul Open Space Preserve; authorize
the General Manager to execute an agreement with Steven Singer in the
amount not to exceed $12,000 to conduct an assessment of the roads and
trails at Sierra Azul Open Space Preserve; authorize the General
Manager to execute an agreement with Gavin Hoban in the amount not to
exceed $11,500 to provide assistance to Steven Singer with the road and
trail assessment and to coordinate production of maps and graphics for
the project using Global Position Satellite (GPS) and Geographic
Information System (GIS) Technology; authorize the General Manager to
execute an agreement with Charlene Duval in the amount not to exceed
$7,500 to conduct an inventory and assessment of the cultural, historical,
and archaeological features at Sierra Azul Open Space Preserve; and
authorize the General Manager to purchase a Trimble Pro XR Global
Positioning Satellite (GPS) Receiver in the amount not to exceed
$11,750 through a California Multiple Award service contract for use in
resource mapping activities, and authorize the General Manager to
transfer this amount from the Planning Program's contract services
budget to the capital equipment budget. M. Davey seconded the motion.
The motion passed 7 to 0.
D. Agenda Item 4 - Dedication Status of District Lands: Adoption of a Resolution
Dedicating Interests in Certain District Lands for Public Open Spm Purmses -
(Report R-99-156).
D. Woods said this was an annual report. There are 45,267 acres preserved by
the District, including lands leased and managed. Of this, 3,257 cannot be
dedicated because the District does not have an ownership interest. He said if
Meeting 99-29 Page 9
they dedicated the 981 acres at this time, it would mean that 68% of the
District's dedicatable land would be dedicated.
N. Hanko explained that dedication means that the land would be in open space
for perpetuity unless there is a vote of the entire District to remove the
dedication.
C. Britton asked that the resolution be amended in the Saratoga Gap section to
read POST (Zabel); and the Windy Hill section, to place the notation after the
word Slobe, and change the closing date to November 3, 1999. In addition, he
said staff would change the notation at the bottom to add the date and resolution
number of when the Slobe property was originally dedicated.
Motion: P. Siemens moved that the Board adopt Resolution No. 99-48 as
amended, resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Dedicating Interests
in Certain District Lands for Public Open Space Purposes. K.
Nitz seconded the motion. The motion passed 7 to 0.
E. Agenda Item 5 - Tentative Adoption of an Amendment to the Use and
Management Plan for Rancho San Antonio Oren Space Preserve to Install a
Bench for Use by Peninsula Open Space Trust in its Memorial Giving Program
and Determination That the Recommended Actions are Categorically Exempt
Under the CaliforniaEnvironmental Q i13E Act - R R- -1 4 .
M. Smith presented the staff report.
K. Nitz said he was not fond of seeing benches in open space and thought there
should be a policy in terms of placement and number of benches.
C. Britton talked about the Board's discussion of this policy over the years.
N. Hanko said that the Board had been asked occasionally to provide benches
for people who need places to rest when they are hiking.
Motion: K. Nitz moved that the policy be amended to state that the
proposal for finding sites for all future benches be reviewed by
the Use and Management Committee prior to coming to the
Board.
Discussion: N. Hanko said she would like to see the list establish benches in
appropriate places with a sensible distance in between. C. Britton
said when this item comes to the Board for a second reading,
i
i
Meeting 99-29 Page 10
staff could include in the report that the balance of this program,
as it is developed, will be passed through Use and Management.
Motion dies: The motion died for lack of a second.
Motion: P. Siemens moved that the Board determine that the
recommended actions are categorically exempt under the
California Environmental Quality Act as set out in the staff
report; and tentatively adopt an amendment to the Comprehensive
Use and Management Plan for Rancho San Antonio Open Space
Preserve to permit installation of a bench for use by Peninsula
Open Space Trust in its memorial giving program. M. Davey
seconded the motion. The motion passed 6 to 1 (Dir. Nitz
dissenting).
F. Agenda Item 7 - Approval of Revisions to the Personnel Policies and
Procedures Manual. Section 2.3 Probationary Period, and Section 4.2 Titles and
Specifications - (E=rt R-99-152).
I
D. Dolan presented the report.
S. Schectman answered questions about probation, noting that the essence of
probation is that an employee can be terminated without cause.
D. Dolan said this action would not affect the District's agreements with the
union.
Motion: N. Hanko moved that the Board approve revisions to Section 2.3-
Probationary Period and Section 4.2-Titles and Specifications of
the Personnel Policies and Procedures Manual. P. Siemens
seconded the motion. The motion passed 7 to 0.
I
VIII. INFORMATIONAL REPORTS
i
M. Davey: 1. She commended staff for the gathering on Bear Creek Preserve and thanked
them for the presentation. 2. The scoping session for the proposed Stanford community plan
was being heard by the county tonight. The Community Resource Group would meet
tomorrow. She proposed putting the item on the Board's January 12 agenda, and hoped the
Board could take a position on the Stanford plan.
By consensus, Board members directed that the Stanford plan item be placed on the January 12
agenda.
Meeting 99-29 Page 11
P. Siemens: 1. He attended the meeting at Presentation Center regarding the Bear Creek
Redwoods and thought it was well done. 2. He referred to an article in the Los Gatos Weekly
about a mountain unicycle.
D. Little said that he spotted a mountain lion while he was hiking on Russian Ridge.
B. Crowder: 1. Her hiking group went to the Picchetti Winery and she was impressed by the
new lessee. 2. She reported that she had worked with the trail building volunteers at Rancho
San Antonio on the native plant nursery there where they are developing plants to re-vegetate
District preserves. 3. She had a copy of the ROUT newsletter. 4. The San Mateo County
Trails Committee is working on the EIR for the new county trails plan. 5. She said POST had
honored volunteers last night.
C. Britton: 1. M. Smith would be taking pictures of Board members at this time. 2. He
attended the Coastal Conservancy meeting in Los Gatos where they announced a $3 million
grant and a $3 million interest-free loan for two years for Bear Creek Redwoods Open Space
Preserve. $2 million was still to be approved by the Wildlife Conservation. 3. He had
publicity brochures about open space from Marin County. 4. Senator Boxer's office had
expressed interest in working with the District on the Mt. Umunhum cleanup. 5. He met with
Phil Rose, City Manager of Los Altos, regarding the gate at St. Joseph's. 6. FYIs included
M. Foster's mid-year budget report and a letter regarding changing the zoning in the Baylands.
7. He referred to a letter regarding the Genn property in Monte Sereno, and noted that Monte
Sereno City Council voted against access through Monte Sereno to get to this property.
S. Schectman: 1. She provided updates on the Richard suit regarding the road maintenance
issue at Thornewood, the Obermayer Portola Road matter, and the Arlie litigation. 2. She
said she would be on vacation next week. 3. She provided information on the Diesel
restitution hearing.
D. Dolan announced the holiday work schedule.
R. Anderson said T. Fischer deserved credit for the letter to the county regarding bay
drylands.
IX. ADJOURNMENT
At 10:35 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
Claims No. 99-21
Meeting 99-29
Date: December 15, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7670 475.00 Aaron's Septic Tank Service Sanitation Services
7671 633,88 Acme & Sons Sanitation, Inc. Sanitation Services
7672 134.41 ADT Security Services Alarm Service
7673 36.34 Airtouch Paging Paging Service
7674 424.77 Allen Equipment Company, Inc. Equipment Repairs
7675 209.21 AmeriGas Propane Service
7676 40.30 Randy Anderson Vehicle Expense
7677 128.91 Artech Laminating Lamination Supplies
7678 52.16 AT&T Telephone Service
7679 610.92 Bailey's Field Supplies
7680 70.43 Michael Bankosh Reimbursement--Boot Repairs
7681 207.84 *1 Ben Davis Company Uniforms
7682 237.00 Bill's Towing Service Towing Services
7683 4,330.00 Baron Welding&Iron Works, Inc. 4 Pipe Gates &Fittings
7684 3,515.00 Timothy C. Best CEG Road Inventory Project-ECM & Purisima Cr
7685 90.72 Browning-Ferris Industries Dumpster Service
7686 375.00 Jane Buxton ROSS Study Consultant
7687 1,300.00 CA Dept. of Parks & Recreation-Training Center Plumbing Skills Training-F. Olson, S. Cotter
7688 502.67 California Water Service Company Water Service
7689 645.83 Caputo&Caputo Mediation Services-MROSD vs Esperson
7690 8,895.71 Carpenter Printing Winter Newsletter&H &W Printing
7691 31.76 California Native Plant Society Resource Document
7692 28531 Compurun Systems Computer Repair
7693 216.78 Costco Office &Training Supplies
7694 11.58 Continuing Education of the Bar Resource Document
7695 17,47 CSK-Auto Inc.-Kragen Vehicle Supplies
7696 440.40 Alice Cummings Consulting Services-BCR& Loma Prieta
7697 83.46 Dacco Industrial Supply Tractor Filters
7698 196.55 Jim Davis Automotive Vehicle Maintenance
7699 1,384.13 D & M Consultant Engineers, Inc. Road Realignment-FOOSP&RR Parking Lot
7700 30.00 Annaschka Deb RSA Nursery Project-Landscape Designer
7701 234.25 Mary de Beauvieres Reimbursement--Conference Expense
7702 41.21 DFM Associates CA Elections Code Book for 2000
7703 2,929.50 Design Concepts Graphic Design-Trail Brochures&Bus. Card
7704 1,160.00 Done Right Roofing& Gutters Enterprise Roofing Repairs-1185 Skyline
7705 118.99 Ergonomic Sciences Corporation Ergonomic Office Supplies
7706 235.00 Evergreen Waste Oil Disposal Service
7707 85.93 Farrelle Communications Radio Programming
7708 92.00 Federal Express Express Mail Service
7709 169,24 Film To Frame Photography Services
7710 148.18 Tom Fischer Vehicle Expense
7711 601.49 Forestry Suppliers, Inc. Field Supplies
7712 41.06 Foster Brothers Security Systems, Inc. Keys & Locks
7713 199.56 Gardenland Power Equipment Field Supplies
7714 88,82 G & K Services Shop Towel Service
7715 258.51 Gilroy Motorcycle Center ATV Rack
7716 678.78 Sandra Gimbal Sommer, Landscape Architect,'Planning Contract Planner--Storm Damage Repairs
7717 382.90 Goodco Press, Inc. Printing Services
Page 1 0
Claims No. 99-21
Meeting 99-29
Date: December 15, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7718 100.43 Goodyear Auto Service Center Vehicle Tire Repair and Replacement
7719 910.00 GreenWaste Recovery, Inc. Dumpster Service
7720 150.43 GTE Wireless Cellular Phone Service
7721 117.59 Guy Plumbing &Heating, Inc. Enterprise Rental Plumbing Repairs
7722 113.66 HMB Bldg. &Garden, Inc. Field Supplies
7723 200.00 *2 Hidden Villa Facility Rental and Deposit-Holiday Event
7724 1,012.50 Gavin Hoban Sierra AzuI Master Plan Consultant
7725 408.20 *3 The Home Depot Field Supplies
7726 378.94 Howard Rome Martin& Ridley LLP Legal Services
7727 263.19 Jodi Isaacs Vehicle Expense
7728 12,595.10 Johnson&Associates Classifications &Compensation Study
7729 46.00 Anne Koletzke Reimbursement--Tuition
7730 45.00 John Kowaleski Reimbursement--PAPA Seminar Fee
7731 364.67 Langley Hill Quarry Road Repair Materials
7732 710.25 *4 Lanier Worldwide, Inc. Copier Lease Agreements
7733 935.20 Lanier Worldwide, Inc. Lease
7734 250.00 League of California Cities Subscription Renewal
7735 246.08 Los Altos Garbage Company Dumpster Service
7736 425.23 *5 Lucent Technologies Telephone Lease
7737 317.29 Lucent Technologies Service Agreement-SRO/FRO/MO
7738 36.00 Magana's Building Maintenance Light Maintenance
7739 663.23 Magnussen Buick-Pontiac-GMC Inc. Vehicle Repair&Service
7740 3,382.01 MetroMobileCommunications 4 Radios
7741 230.97 Minton's Lumber &Supply Field Supplies
7742 159.53 Paul McKowan Reimbursement--Holiday Cards &Stamps
7743 35.49 MCI Telephone Service
7744 350.00 Micro Accounting Solutions Computer Consultant
7745 425.33 Miller Starr&Regalia Legal Services
7746 350.42 Navarone Mailing Services Winter Newsletter Mailing
7747 1,650.00 North American Title Company Preliminary Title Reports
7748 249,000.00 ** North American Title Company Greenblatt Acquisition
7749 3,000.00 *6 Old Republic Title Company Proctor Family Acquisition Deposits
7750 Old Republic Title Company Proctor Family Acquisition
1,796,000.00
7751 1,457.51 Orchard Supply Hardware Field Supplies
7752 2,314.29 Pacific Bell Telephone Telephone Service
7753 57.98 Peninsula Blueprint Printincy Services
7754 4,532.37 *7 Peninsula Open Space Trust Prorata Taxes--Upper Bear Creek OSP
7755 510.32 PIP Printing Printing Services
7756 50.59 Powerland Equipment, Inc. Equipment Part
7757 1,582.30 Rana Creek Habitat Restoration Grassland Management--R.R. Phase III
7758 36.13 Rayne Water Conditioning Water Service
7759 464.29 Redwood General Tire Company Tires
7760 145.00 Regal Dodge, Inc. Vehicle Maintenance
7761 1,154.90 Eric Remington Wildlife Studies Consultant
7762 16.50 Rich's Tire Service Tire Repair
Page 2
Claims No. 99-21
Meeting 99-29
Date: December 15, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
7763 11.36 Robert's Field Equipment
7764 264.98 ROMIC Environmental Technologies Corp. Recycle Hazardous Materials
7765 34.77 Royal Brass Inc. Field Supplies
7766 5,876.05 Roy's Repair Service Vehicle Maintenance &Repairs
7767 29.48 Ana Ruiz Vehicle Expense
7768 186.07 Russ Enterprises, Inc. Signs
7769 42.22 San Mateo County Times Subscription Renewal
7770 62.47 Shell Oil Fuel
7771 1,159.36 John Shelton, Inc. Culverts
7772 92.17 Signs of the Times Signs
7773 2,531.25 Rick Skierka Licensed Land Surveyor Surveyor Services
7774 115.05 Skyline County Water District Water Service
7775 38.23 Skywood Trading Post Fuel
7776 1,200.00 Slaght Living Trust December Rent per Agreement
7777 64.00 Terminix International Pest Control Services--Distel Building
7778 178.00 Thoits Insurance Vehicle Insurance
7779 5.00 *8 Times Ford Title &Escrow, Inc. Notary Fee for Gift Deed
7780 51.96 United Green Mark, Inc. Field Supplies
7781 7,477.48 United Rentals Rental Equipment
7782 25,000.00 Jean&Augusta Urrere Urrere Secured Promissory Note
7783 225.00 Verio, Inc. Internet Services
7784 103.00 Verio/Best Internet Internet Services
7785 230.87 Doug Vu Reimbursement--Conference & Vehicle Costs
7786 205.35 WearGuard Uniform Supplies
7787 87.94 West Coast Aggregates, Inc. Road Maintenance Materials
7788 532.02 West Group Payment Center Law library & On-Line Legal Services
7789 202.97 West Tek Supply, Inc. Erosion Control Products
7790 300.00 Roberta Wolf Recording Services
7791 78.67 W. W. Grainger Field Supplies
7792 200.00 Woodside & Portola Private Patrol Secure Gates-Windy Hill Parking Lot
7793 425.00 *9 Lisa Zadek Reimbursement--Enterprise Plumbing Repair
7794R 1,000.00 *1 Old Republic Title Company Proctor Family Acquisition
7795R 6,861.00 Louis Bordi General Engineering Smith & Bean House Driveway Restoration
7796R 8,735.00 D & M Engineering Parking Lot Improvements
77917R 156.24 John Escobar Vehicle Expense
7798R 59.35 Gould Publications, Inc. Penal Code Updates
7799R 186.39 Home Depot Field Supplies
7800R 33.44 Hyster Sales Company Equipment Parts
780IR 900.23 Office Depot Office Supplies
7802R 1,240.00 Svstems for Public Safery Recruitment--Background Investigation Servi
7803R 2,158.22 VISA 120.83 - Computer Software
39.22 - Field Supplies
1211.80 - Conference/Seminar/Training
786.37 - Restroom Chemicals
7804R 419.47 *11 Yerba Buena Nursery Restoration Plants-St. Josephs Hill
7805R 546.89 Petty Cash Local Business Meeting Expense, Postage,
Office and Field Supplies, Vehicle Expense,
Printing Services and Uniform Supplies
TOTAL $2,189,580.83
Pa2e 3
Claims No. 99-21
Meeting 99-29
Date: December 15, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
In the event Agenda Item#2 is not approved, this claim will not be processed.
In the event Agenda Item#8 is not approved, this claim will not be processed.
*1 Urgent Check Issued December 8, 1999
*2 Urgent Check Issued November 23, 1999
*3 Urgent Check Issued November 30, 1999
*4 Urgent Check Issued December 9, 1999
*5 Urgent Check Issued December 9, 1999
*6 Urgent Check Issued December 10, 1999
*7 Urgent Check Issued November 29, 1999
*8 Urgent Check Issued December 6, 1999
*9 Urgent Check Issued November 22, 1999
*1 Urgent Check Issued December 14, 1999
*1 Urgent Check Issued December 13, 1999
Page 4
Regional Open --)ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
January 13, 2000
DRAFT RESPONSE
PREPARED BY STAFF
Robert Schwier FOR BOARD CONSIDERATION
2626 Glade Drive
Santa Clara, CA 95051
Re: Bikes on Hiking-Only Trail, Fremont Older Open Space Preserve
Dear Mt. Schwier:
Thank you for your letter of December 31, 1999, regarding bicycles on a hiking-only trail
at Fremont Older Open Space Preserve, and about bike use at Fremont Older in general.
The Board reviewed your letter at its regular meeting last night. We are sorry that you
and your wife had an unpleasant experience. We gather from your letter that you were
walking on the .2 mile hiking-only trail that starts near the ranger residence, as shown on
the enclosed map. We assume that the alternative path for bikes you mention is the .4
mile Cora Older Trail. Please let us know if this is incorrect.
We are very concerned about bicyclists abiding by the trail use designations and that
bicycle use does not interfere with quiet hiking enjoyment of the preserves. Fremont
Older is not designed solely for bikers, but because it is close to large urban populations,
it tends to get heavy bicycle use. Efforts are underway to address some of your concerns.
The District's Planning and Operations staff are reviewing our signing standards,
including signs for closure to bicycles, to ensure that they are as unmistakable as possible
without being visually obtrusive. We will also forward your letter to our Foothills Ranger
staff so they can be aware that there may be a need to step up patrol activity. Finally, a
Board committee will be reviewing the District's overall Trail Use Policies to evaluate
whether, and to what extent,to limit bicycle use to enhance the opportunity for quiet
hiking enjoyment. This meeting is scheduled for Thursday, January 27. We will add
your name to the list of persons to receive formal notice. We hope that these actions will
help to address your concerns and that you will lend your voice to the upcoming public
process.
Sincerely,
President, Board of Directors
cc: John Nicholas, Acting Foothills Area Superintendent
Randy Anderson,Planning Manager
130 Distel Circle Los Altos, ('A 94022-1404 # Phone:650-69 1-1 100
F,\V 65(_)-691-048 * E-mail: mr(sdf_t-1)open,;pace.org - Wei)site: w,%w.openspa(e.or,,,,
Poe'j( t,), %1.iry U. Davey Iecl C vr, Deane Little \wwne!-I,inko, Het'c Utowf�r KeIlfwth(_ \It/ . (Ionia! Britton
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Regional Open ! we
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
M E M O R A N D U M
Date: January 7, 2000
To: Members, Board of Directors
From: L. Craig Britton, General Manag
Subject: Special Order of the Day—Resolution Endorsing State Proposition 12
Attached for your consideration at your January 12, 2000 meeting is a resolution endorsing State
Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000. This measure is on the March 7, 2000 ballot. Your adoption of this resolution
is recommended.
Proposition 12 is a$2.1 billion State bond measure which, if passed by the voters, will be the
first such measure put into place since 1988. In addition to significant funds allocated to the
District on a per-capita basis, there will be millions of dollars available in competitive grant
funds. It would be the District's intent to apply for the maximum practicable number of grants
for meritorious projects.
An added benefit of this bond measure is that it will provide $55 million to the San Francisco
Bay Area Program of the State Coastal Conservancy. This is the same program from which the
District successfully secured a$3 million grant toward acquisition of the Bear Creek Redwoods
Open Space Preserve.
Other elements of the bond measure are noted in the text of the resolution. This bond measure is
long-overdue for the State of California, and the District's endorsement will be added to the
growing list of agencies which support Proposition 12 on the March 7, 2000 ballot.
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . web site:www.openspace.org .
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
l
Regional Open .' .ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
I
SUPPORTING PROPOSITION 12, THE SAFE NEIGHBORHOOD PARKS,
CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION
BOND ACT OF 2000, ON THE MARCH 7, 2000 BALLOT
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that
providing public open space,park lands, and outdoor recreational opportunities is of vital
environmental, social, and economic importance to the people of our region, of the State of
California, and of the entire United States; and
WHEREAS, the Legislature of the State of California has placed Proposition 12 on the March 7,
2000 ballot, which is a measure entitled The Safe Neighborhood Parks, Clean Water, Clean Air,
and Coastal Protection Bond Act of 2000, in an amount of$2.1 billion; and
WHEREAS, Proposition 12 is supported by a wide coalition of community and conservation
groups, business, labor, and historic preservation organizations, and many other diverse grassroots
groups; and
WHEREAS, this bond act will provide significant funds for much-needed park and open space land
acquisitions and development of public park facilities for the enhancement of our community,
region, and state including urban forestry, parks, open space, recreation facilities, historic
preservation, and a wide variety of other programs; and
WHEREAS, if approved by the voters, funding from Proposition 12 will be allocated to the State
Parks Department, State conservancies, local parks agencies, wildlife habitat conservation and
land acquisition agencies, the State Resources Agency, and park acquisition and development for
w lo income and at-risk youth, thus meeting the v n f r wide y g e very deep need or parks funding m a de
variety of sectors across the State; and
WHEREAS, it is estimated that the Midpeninsula Regional Open Space District may directly
receive up to $6 million, or more, from the "Roberti-Z'Berg-Harris" and "Per Capita"program
areas of Proposition 12, and in addition will be eligible for significant funds which will be
available on a competitive grant basis; and
WHEREAS, the District will receive funding for open space acquisition and other projects in the
Sierra Azul, El Sereno, Monte Bello, Russian Ridge, Skyline Ridge, E1 Corte de Madera Creek,
and Purisima Creek Redwoods Open Space Preserves if this bond act is approved by the voters.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula
Regional Open Space District endorses Proposition 12, the Safe Neighborhood Parks, Clean
Water, Clean Air, and Coastal Protection Bond Act of 2000 on the March 7, 2000 ballot.
330 Distel Circle . Los Altos, CA 94022-1404 Phone: 650-691-1200
FAX: 650-691-0485 . E-mail: mrosdrropenspace.org Web site:www.openspace.org
II�
Board of Oirectors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko,Betsy Crowder, Kenneth C. Nit/ e General Manager:I Craig Britton
- I
Regional Open , ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-01
Meeting 00-01
January 12, 2000
AGENDA ITEM 1
l
AGENDA ITEM
Election of Board Officers for 2000
GENERAL MANAGER'S RECOMMENDATION
Elect officers of the Board for the 2000 calendar year.
DISCUSSION
Pursuant to Section 1.22 of your Rules of Procedure,you elect new Board officers for the calendar year
at your first meeting in January. The election will be by signed ballots,and the District Clerk will count
the ballots. After the election,the ballots will be available for public inspection, if requested.
Your Rules of Procedure list the order of officers to be elected as follows: President,Vice-President,
Treasurer, and Secretary. The Treasurer is an automatic member of the Administration and Budget
Committee.
Nominations are called for first. When nominations are closed, election by ballot will then proceed.
Prepared by:
Peggy Coats, District Clerk
Contact person:
same as above
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
Regional Open : we
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Report R-00-14
Meeting 00-01
January 12, 2000
AGENDA ITEM 2
AGENDA ITEM
Adoption of a Resolution Urging Stanford Universi"Define Future Land Use and Provide for
Long Term or Permanent Protection of Critical Ope Space Areas in Its Community Plan
GENERAL MANAGER'S RECOMMENDATION
Adopt the attached resolution urging Stanford University to provide clear and significant long-
term or permanent protection for open space areas of the campus as part of the Community Plan
being prepared for review by Santa Clara County.
BACKGROUND
Santa Clara County is currently reviewing a draft Community Plan for the lands of Stanford
University within the county. The Stanford campus includes 8,180 acres in San Mateo and Santa
Clara Counties. Of the portion in Santa Clara County, 4,017 acres are in the unincorporated area
and 1,161 acres are in the City of Palo Alto. Of the portion in San Mateo County, 2,701 acres are
in unincorporated areas, 111 acres are in Menlo Park, 114 acres are in Woodside, and 76 acres are
in Portola Valley. The Community Plan is to cover only the 4,017-acre portion of the campus in
unincorporated Santa Clara County.
Stanford is subject to General Plan, zoning, and other land use controls of the County in the same
manner as any other private institution. The Community Plan is a condition required by the
County for update of Stanford's General Use Permit,which was established in 1989 as the
instrument by which Santa Clara County reviewed and entitled development within the
unincorporated areas of the campus. A Community Plan is a specific form of General Plan
documentation under California law, and must address the seven required elements of a General
Plan.
The use and development of the Stanford campus is an issue of critical importance to the District
and to all the communities and jurisdictions of the San Francisco Peninsula. While Stanford has
vast beneficial impacts on the region's economy and culture, it also has tremendous impacts on all
aspects of regional planning and the environment due to the sheer scale of its holdings, existing
development, and potential development. The future development of the campus is
unquestionably the most significant project remaining to be undertaken on the Peninsula. Issues
of housing,traffic, schools, open space, and the basic need for future plans to be defined have
emerged as key issues for local agencies and community groups. Many agencies and
organizations have joined together to encourage Stanford to respond to these concerns in the
Community Plan. District Board Members Nonette Hanko and Mary Davey have spent
significant personal time reviewing and commenting on the preliminary draft documents
generated by Stanford and coordinating with other agencies and organizations. Director Davey is
serving as a member of an advisory Community Resource Group appointed by Santa Clara
County to comment on the Community Plan.
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 T"
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
R-00-14 Page 2
Unfortunately,a draft of the Community Plan submitted to the County Planning Department on
November 15, 1999,was very disappointing to most reviewers. Although well organized,the
plan does not provide the level of detail needed to clarify future plans and policies.From the
District's standpoint,a particular failing is the lack of any permanent or even long-term definition
of the use of the open space areas to the south and west of Junipero Serra Boulevard and Foothill
Expressway,and straddling Interstate 280.
The open space lands of the Stanford campus are a critical link in the greenbelt chain that is the
District's open space mission. The focus of the District's Mission is "To acquire and preserve a
regional greenbelt of open space land in perpetuity....". The first Objective in the District's Basic
Policy includes the statement that"The District seeks to link its open space lands with federal,
state,county,and city parklands and watershed lands." Objective 3 states that"the District
works with private and other public agencies to preserve,maintain,and enhance open space."
The District's Teague Hill,Thornewood,Windy Hill, Coal Creek,Los Trancos,and Foothills
Open Space Preserves protect major parts of the watershed of San Francisquito Creek and its
tributary,Los Trancos Creek. San Francisquito Creek has been the subject of a multi-agency and
organization Coordinated Resource Management Plan effort for several years. These creeks flow
through a biologically-critical network of wildlife habitat and corridor land,including the open
space lands of the Stanford campus. Stanford University has already played a role in protecting
part of these lands.They connect from the peaks of the coast range in the District's preserves
through Stanford's Jasper Ridge Preserve,Portola Valley's Coal Mine Ridge Preserve,Palo Alto's
Foothills Park and Arastradero Open Space Preserve,through the open space lands of the campus,
and the urban areas of Palo Alto,to San Francisco Bay.At the Bay,major portions of the sloughs
and tidal lands are protected in the District's Ravenswood Preserve,Palo Alto's Baylands
Preserve,and the Don Edwards National Wildlife Refuge.
Stanford lands have also been a vital open space resource for people of the mid-peninsula for
decades. They constitute part of the regional trail network. They provide a greenbelt separator
between burgeoning urban areas and important visual open space.Finally,they represent an area
that,if developed,would further overtax the adjacent urban infrastructure and support systems.
Because Stanford already has such a vast level of development and impact,and is requesting
entitlements for construction of approximately 2 million additional square feet of educational,
institutional,and commercial buildings,and 3000 additional housing units,it is entirely
appropriate that Stanford provide permanent protection for these open space holdings as a
mitigation of the development impact. The attached resolution will lend the District's voice to the
many organizations and agencies urging Stanford to offer,and Santa Clara County to require,a
clearly defined Community Plan with significant open space preservation concessions to
community needs and impacts as mitigation for development impacts.
Prepared by: Randy Anderson,Planning Manager
Contact person: Same as above
RESOLUTION NO. 00-
RESOLUTION OF THE BOARD OF Dum-TORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
URGING STANFORD UNIvERwy TO OFFER, AND SANTA CLARA COUNTY TO REQUIRE, PERMANENT
PROTECTION OF SIGNIFICANT OPEN SPACE AREAS IN
THE STANFORD UNIVERSITY COMMUNITY PLAN
WHEREAS, Stanford University provides vast economic and cultural benefits to the communities of the San
Francisco Peninsula, and has correspondingly significant environmental impacts; and
WHEREAS, Stanford University is subject to the same General Plan, zoning, and other land use controls and
standards as any other private institution; and
WHEREAS, Stanford University is currently requesting renewal of its General Use Permit from Santa Clara
County, which addresses development in the 4,000-acre portion of the 8,000-acre campus which lies within
unincorporated Santa Clara County; and
WHEREAS, Stanford University is proposing approximately 2 million additional square feet of educational,
institutional, and commercial buildings, and over 3,000 additional housing units, which will have a significant
cumulative impact on the community and the environment on the Peninsula; and
WHEREAS, Stanford lands include open space lands south and west of Junipero Serra Boulevard and Foothill
Expressway that provide vital recreational opportunities, an open space buffer between burgeoning urban
areas, and wildlife corridors extending through adjacent parks and preserves and riparian corridors to the Santa
Cruz Mountains and to San Francisco Bay; and
WHEREAS, The Midpeninsula Regional Open Space District manages six open space preserves in the same
critical watershed as the Stanford open space lands, and has as its Mission and Basic Objectives the
preservation of a regional greenbelt, linking District and other key resource lands; and
WHEREAS, Santa Clara County has required that Stanford University prepare a Community Plan, addressing
the seven required elements of a General Plan under California law; and
WHEREAS, Stanford University is internationally renowned as a leader in scientific, cultural, and technical
fields, and through this Plan has the opportunity to demonstrate leadership in the field of environmental and
community planning; and
WHEREAS, Stanford University submitted a draft Community Plan to Santa Clara County on November 15,
1999, that failed to provide clear definition of future use or protection of critical open space areas, and respond
to other vital community concerns.
Now,THEREW)RE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space
District urges Stanford University to offer, and Santa Clara County to require, a Community Plan that:
Provides permanent protection of open space areas in sufficient proportion to mitigate the impact of the
requested development entitlements, and reflecting the community value and environmental sensitivity of the
open space lands;
Responds to community input and provides a level of detail adequate for review of future plans and policies;
Reflects the General Plans and zoning of the adjacent communities in the Community Plan, including the
Urban Growth Boundary of the City of Palo Alto;
Addresses the development of current and future projects under 5,000 square feet in open space areas, which
may have significant individual or cumulative impacts;
Provides a more specific and higher standard of environmental management and monitoring of current and
future use, to protect resources such as creeks, unstable slopes, and archeological sites.
Adopted by the Board of Directors
January 12, 2000
Linda Cohen, LMFT and Roger Allen, Licensed Contractor
935 SCOTT ST.; PALO ALTO, CA 94301
Phone/Fax: 650.327.6757 Email: calnative@att.net
12/15/99
Board Members
Midpeninsula Regional Open Space District
330 Distel Circle; Los Altos, Ca 94022
RE: DISIGNATING STANFORD FOOTHILLS AS OPEN SPACE
Dear Board Members;
We are writing to convey our hopes that you will take a united stand in favor of
Stanford University designating the foothills west of Junipero Serra Blvd. as
Permanent Open Space. Also, that it be accessible to the public, daily with parking.
And after that protective measures put in place to enhance its appropriate use.
We write as CA natives - Linda has lived here 20 years and Rod 52 years. We will
try to be brief.
The above open space area is currently being used by thousands of citizens each
month. It provides a source of restoration for all its users - human and otherwise. It
is perceived by the community as a constant resource and its loss or its inaccessibility
would be enormously grieved by its visitors (to us it would be tragic). We would
venture to say that this open space area (outside of Rancho San Antonio)gets visited
by more people, more often than the other MROSD preserves. Perhaps, partly
because of proximity and travel constraints (due to increasing congestion).
We're sure you know Stanford's original mission and how it has changed into a huge
institution of many facets; and that is has added 2 million sq. feet of development in
the last 10 years and wants to add over 4 million more in the next ten years (within
Santa Clara County's jurisdiction) - this will include encroachment into the foothills.
This has and will grossly burden the neighboring cities' infrastructures and has added
enormous amounts of congestion and density into our neighborhoods and business
districts (not to mention the use of a scarce resource - water). Stanford recently
constructed a reservoir in the foothills to supply 3 days worth of water for its
inhabitants. How many more will it need to dig??
It is really mind-numbing that Stanford's Board of Directors can not find its way
clear to donate these hills for permanent open space considering the need for it in the
wake of its pervasive expansion. It currently has owns over 6000 acres of
undeveloped land. If it truly wants to be a great institution, it will participate with
the spirit of our humanistic ideals that our County advocates and let us have what we
alreadv use -without the threat of losing it - this invaluable and irreplaceable
resource.
Regional Open '_ .ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-09
Meeting 00-01
January 12, 2000
AGENDA ITEM _3
AGENDA ITEM
Award of Contract (Listing Agreement) for Real Estate Marketing Services to Procure a
Tenant For the Vacant Office Space at 330 Distel Circle, Los Altos
GENERAL MANAGER'S RECOMMENDATION ~
Authorize the General Manager to enter into a contract with BT Commercial Real Estate, in an
amount not to exceed $26,455 (payable as a commission upon completion of a fully executed
lease agreement) for the marketing, negotiating, and procurement of a tenant for the vacant
office space at 330 Distel Circle, Los Altos.
DISCUSSION
In June 1994, the District entered into a 5-year lease (expiring August 1, 1999) with
Alzheimer's Disease and Related Disorders Association for approximately 3,500 square feet of
office space within the District's headquarter building at 330 Distel Circle. On July 14, 1999,
the District Board of Directors extended the lease term an additional six months, expiring on
January 31, 2000. The Alzheimer's Association has obtained new space, and will be moving
out of their space at the end of January. Their current rental rate is $2.50/square foot per
month, or $8,750 (total dollars).
Over the past two years, District staff has outgrown its current office space, and has completed
concept plans to expand into a portion of the area under lease to Alzheimer's Association. The
District's expansion will reduce the available rentals ace from 3 500 square feet to
P P � q
approximately 2,487 square feet. Staff determined the most cost-effective way to procure a
new tenant for the extra space is to list the available space with a local brokerage firm, and to
have professional commercial real estate brokers market the space and assist in obtaining a
qualified tenant.
District staff interviewed two brokerage firms for the purpose of marketing the space. Staff
recommends award of the contract to BT Commercial Real Estate of Palo Alto (BT) for the
following reasons:
1. BT maintains a local office with brokers possessing many years of experience with office
space in the Los Altos/Mountain View area;
2. BT has a reputation for professionalism and integrity which will benefit the District;
3. BT has knowledge of the market area, tenant requirements, and familiarity with current
lease terms and conditions; and
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org '
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
R-00-09 Page 2
4. BT will agree to fully cooperate with other real estate brokerage firms in obtaining a
prospective tenant.
The proposed contract, an Exclusive Authorization and Schedule of Commissions, is a
standard listing agreement within
i based on the
r commissions b
the industry. The real estate
lease contract rental rate and the term of the lease. The space will be marketed at
$3.50/square foot per month on a Full Service basis (i.e. including all utilities and janitorial).
Based on a maximum term of five years, and rent starting at the asking rate, the total
commission (based on a sliding scale) would be approximately $26,455 on projected rental
income of approximately $554,560 over the five-year term.
If the Board accepts the General Manager's recommendation to approve and execute this
contract, staff will move forward with the brokers to obtain a qualified tenant as soon as
possible. Subsequently, a proposed tenant and lease agreement would be presented to you for
review and approval.
Prepared by:
Thomas W. Fischer, Land Protection Specialist
Contact:
Same as above
Sent by: BT COMMERCIAL-PALO ALTO 650 852 0796; 01106;00 11 :32AM
,jetFac #219;Page 2/3
C0MMERCIAL
REAIESTATE
uc,FRLuhoenrewoomeo,nc Wm*s
ALPITIORIZATION AS EXCLUSIVE AGENT TO LEASE
OWNER hereby employs BT Commercial Real Estate ("Broker") as the exclusive agent to negotiate a
lease or leases on the subject property for a period commencing,January 12, 2000, and ending at
midnight on May 11, 2000 ("the Authorization Period"). The subject property is in the City of Los
Altos,County of Santa Clara,State of California,located at: 330 DiStel Circle and further described as:
±2,487 rentable square feet of office space.
In consideration of this AUTHORIZATION AS EXCLUSIVE AGENT TO LEASE ("Authorization") and the
Broker's agreement to diligently pursue the procurement of a tenant or tenants for the subject property.
Owner agmes to pay Broker a lease commission(s)in accordance with the appropriate provisions of the
SCHEDULE OF COMMISSIONS attached hereto and which is fully and completely incorporated herein
by this reference.
Owner shall pay the commission to Broker if. (a) the subject property is leased to a tenant(s) whether
through Broker,or through anyone else(other than Owner)prior to the expiration of the Authorization
Period or any extension thereof; of (b) a Tenant(s) satisfactory to Owner in its sole discretion is
procured or introduced by Broker or by or through anyone else (other than Owner) who is ready,
willing and able to lease. the subject property on the terms above stated or other terms acceptable to
Owner prior to the expiration of the Authorization Period or any extension thereof; (c) within one
hundred eighty(180)days after the expiration of the Authorization Period or any extension thereof,the
subject property is leased to any person or entity with whom Broker has negotiated or to whom Broker
has submitted the property prior to such expiration in an effort to effect a lease and whose name
appears on any list of such persons or entities which Broker shall have mailed to Owner at the address
stated below at any time within thirty (30) days immediately following such expiration; provided,
however,if Broker has submitted a written proposal to lease or purchase,then it shall not be necessary
to include the Offeror's name on the list.
The undersigned Owner further agrees that in the event a sale or exchange is meede prior to expiration
of the Authorization Period or any extension thereof or during the one hundred eighty (18U)day period
thereafter pursuant to the provision of Subsection (c) above, to any person or entity whose name
appears on the above list or from whom Broker has submitted a written offer,the undersigned Owner
shall pay to Broker a sale commission in accordance with the appropriate provisions set forth in the
attached SCHEDULE OF COMMISSIONS.
Owner agrees to cooperate with Broker in effecting a lease(s) of the property. Negotiations (other than
with prospective tenants procured by Owner) are to be through Broker in full consultation with
Owner. Broker is authorized to accept a deposit from any prospective tenant. Broker is further
authorized to advertise the property and shall have the exclusive agency right to place a sign or signs
on the property if,in Broker's opinion,such would facilitate the leasing of said property.
It is understood that it is illegal for either Owner or Broker to refuse to display, lease or sell to any
person because of race,color,religion,national origin,sex,marital status or physical disability.
Owner warrants that he is the owner of record of the property and/or has full legal authority to
execute this Authorization. Owner agrees to indemnify and hold Broker harmless from any liabilities,
Sent by: BT COMMERCIAL-PALO ALTO 650 852 0796; 01/06/00 11 :33AM;)K&&_#219;Page 313
costs,damages and/or expenses,including without limitation attorney's fees,ansing from or connected
with any incorrect information supplied by Owner to Broker or to Tenant or to prospective tenants,any
information which Owner fails to supply to Broker or to Tenant or to pros, ctive tenants, ar any
incorrect representation of Owner ret tcd to a lease of the property and/or to this Authorization.
Owner acknowledges receipt of a copy of the AUTHORIZATION AS EXCLUSIVI; AGENT TO LEASE and
the attached SCHEDULE OF COMMISSIONS, which Owner has read, fully understands and has
executed.
No amendments or alterations in the term hereof or withdrawal of this Authorization shall be valid or
binding unless made in writing and signed by both Owner and an officer of Broker, and Owner and
Broker agree that there are no statements, representations, inducements or promises made or relied
upon by one or the other,except as expressly stated herein.
In the event of any controversy related to, concerning or arising out of this AUTHORIZATION AS
EXCLUSIVE AGENT TO LEASE and/or the attached SCHEDULE OF COMMISSIONS, or any facts based
upon or involving same, the prevailing party, whether in court or by way of out-of-court settlement,
shall be entitled to recover from the non-prevailing party or parties such prevailing party's attorney's
fees, court costs, expert witness fees and/or other expenses relating to such controversy, including
attorney's fees,court costs and/or expenses on appeal,if any.
Date: Date: January 8,2000
Owner: AVdprniruula Regtontl Oprn.!pare Distni t ST Commercial
i
By. By: �
h1hrus wood/Xlike Takuslu
Title; General Manager Title: Sales Agent
Address: 330 Misted Circle Address: 2445 Faber Place,Suite 250
Los Altos,CA 94301 Palo Alto,CA. 94303
Telephone: (650) 691-1200 Telephone: (650) 852-1200/ (650) 856-1098 Fax
Sent by: BT COMMERCIAL-PALO ALTO 650 656 1088; 01 /06/00 4:36PM; LE#A #252;Page 2i3
C O M M E R C I A L
R E A L E S T A T E
AN WIVATE OF if W=MW COMPANIES
SCHEDULE OF CO:4IMISSIONS
a1 Standtrrd Commissions
1,
Leases and Subteases
a, Gross lease(generally wherc Lessor pays for all or base year portion of real estate faits and fin
And extended coverage uuarance)or Full Service Office Lease(generally where Lessor pays for all or b .year portion of
real estate taxes,maintenance,fire and extended coverage insurance and janitorial and utility scrviccs):
6%of the rent for the first twelve months of rental payments,plus
5%of the rent for the second twelve months of rental payments,plus
5%of the rent for the third twelve months of rental payments,plus
4%of the rent for the fourth twelve matths of rental payments,plus
4%of the rent for the fifth twelve months of rental payments,plus
2.5%of the runt for the next sixty months of rental payments,plus
2%of the rent for the balance of the term including any renewals)
b. All Other Leases,Including Net Lease(generally where Lessee 1s responsible for all of the real
property taxes on the premises,to mamtain the premisca or any portion thereof,and for the cost of fire and extended coverage
insurance):
T%of the rent for the first twelve months of rental payments,plus
6%of the rent for the second twelve months of rental payments,plus
5%of the rent for the third twelve months of rental payments,plus
5%of the rent for the fourth twelve months of metal payments,plus
5%of the rent for the fifth twelve months of rental payments,plus
3.5%of the rent for the next sixty months of rental payments,plums
3%of the rent for the balance of the turn including any renewal(s)
ad,
Ike'malts Fed or.a MAMs to-se emler4d wto I t"Naim or _---moffoben of;tom- in Wail of the
C. Cancellation Clause. tease cancellation elau+es shall not affect computation of rent.
f. Percentage Leases: If there is a minimum rent,then the conarnassion shall initially be computer[
and paid based on the aggregate minimum rent set forth in the lease. If there is no minimum rent,the commission shall
initially be computed and paid as if the tease contained a minimum rent equal to one-half(1/2)of Lessor's asking price. 141'
Commercial shall be deemed to have earned a commission thereon calculated as if the percentage rental had been defuutcty
known at the commencement of the lease terns. Additional commission shall be paid at the end of each year dunng the tease
term for which percentage rent as payable. Lessor:agrees tv promptly notify BT Comnicrcul annually as to the amount of
percentage rent payable by lessee,if any,for the preceding year,wad to provide access to books and records to verify such
calculation and sccotuiftnlj,
Sent by: BT COMMERCIAL-PALO ALTO 650 856 1098; 01 /06/00 4:37PM; ffjt #252;Page 3/3
8 - ssaFs
h. Month-to-Month Tenancy: The commission sha:I be tts grcatcr of 30%of the first months rent
or S500.00. In the event Lcssce remains for twelve U.")months,an additional amount of 50%of the thirteenth mortth's rentul
and 10%cf the same calendar monthss rental in each aubscquent calendar year thereafter shall be payal le.
I. Term of Twenty Years. If the uuttal tease term of any lease covered herein Li in excess of twenty
years,then the co mimton for such inirai term shall be calculated only upon the rental to be paid for the first twenty years of
said irutial term.
). Minimum Commission The minimum commission a&500.
B. Payment nfCgrrr.rriraions
r Wes-and"'raw,wrRnwn PA 6ki�lb@ paid upon
2 Leases: Commissions shall be due and payable within five(5)days of the execution of a lease Broker is
hereby authorized to apply any funds held in its mist account for the payment of its commissions) hereunder.
5. Terms: A monthly service charge will be computed at the rate of 1.5%per month(not to exceed the
maximum permitted by law)on any unpaid balance past due.
4' Ad&horial Provisronx
The term Lessor when used herein and in the attached Authorization or commission agreement shall be
deemed to mean and include where applicable the lessor of the property or a lessor or iuhle. sor.
=. Thu Schedule is binding on and shall inure to the benefit of the respective heirs,successors and amigres of
the parties.
5. in the event of any controversy related to,concerzung or arising out of this Schedule and/or the attached
Authorization or Proposal,or any facts based upon or involving same,the prevailing party,whether in court or by use of
alternative depute resolution methods,shall be entitled to recover from the non-prevailing party or parties such prevailing
party's Attorney's fees,costs,expert witness fees and/or other expenses retaring to such controversy,including Attorney's fees,
court cost andlor other expenxs on appeal,if arty.
4, 'lhis Agreement shall be construed and enforced in accordance µnth California Law,,end any action
brought E aged on this Agreement will be venued in the County where the subject property is located.
5. Headings in this agreement are for reference only and in no way limit or otherwise a'fect the terms hereof.
There are no commission rebates or discounts which have been promised or given. No guarantees of results have been made
by Broker.
The undersigned hereby acknowledges receipt of this Schedule and agree to pay the commission(s) provided
for herein.
Date: )aruary 8, 2000 Date: January 8, 2000
Lessor: Midperunsula Regional Open Spice District ST Commercial
Byl By:
Marcus Wood I mike 1'akushi
Title: Ceneral Manager Title: Sales Agent
Aavress: 330 Distel Circle Address: 2445 Faber Place, Suite 250
Los AJtos,CA 94301 Palo Alto,CA 94303
Telephone: (650)691-1200 Telephone: (650)852-12001(650)856-10'98 Fax
Regional Open ice
R-00-09
Meeting 00-01 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
January 12, 2000
AGENDA ITEM 4
AGENDA ITEM
Release for Pacific Gas and Electric Company from t e Permit to Enter Conditions for the
Metcalf-Monta Vista Conductoring Project
GENERAL MANAGER'S RECOMMENDATI N
Authorize the General Manager to execute the attached Release allowing the District to relieve
Pacific Gas and Electric Company and its contractors from conditions agreed to in the Permit to
Enter for the Metcalf-Monts Vista Conductoring Project for the compensation amount of
$50,000.
BACKGROUND
At your October 28, 1998, meeting(see report R-98-124),you authorized a Permit to Enter
allowing Pacific Gas and Electric Company(PG&E)to access Sierra Azul and Fremont Older
Open Space Preserves in order to add a new circuit on its major high-tension line from the
Metcalf Substation in Morgan Hill to the Monta Vista Substation in Cupertino. PG&E had
existing easement rights to add a new circuit to their transmission line,but road access and
staging were needed. The permit therefore allowed PG&E to set up three work sites that served
as staging and equipment storage areas for the duration of the project. The installation of this
circuit helped meet the electrical load demands resulting from growth and development in the
local service area.
Upon completion of the project,PG&E was required to restore the three work site areas as well
as any roads and trails that were accessed during this project. Some of the mitigation measures
included the upgrade and/or installation of culverts to prevent washouts,the restoration of
erosion-prone bare ground areas by netting or re-seeding, the replacement of any destroyed or
damaged mature trees at a ratio of 3 to 1, and the re-grading of all accessed roads. The entire list
of conditions was part of the approved Permit to Enter. The project was initiated in November
1998.
DISCUSSION
The Metcalf-Monta Vista Conductoring Project was completed by March 1999. Upon
completion, staff documented that PG&E had failed to comply with several of the conditions
specified in the permit. Staff immediately contacted PG&E and spent considerable time working
with various PG&E representatives identifying and assessing the various locations of concern.
After several months of unsuccessful attempts, staff ultimately provided PG&E with an option to
complete the conditions of the permit.
Thorough estimates showed that the cost to complete the remaining work would be
approximately $30,000 (see Exhibit A). In addition, the Permit required that PG&E take
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 T^
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton
responsibility for follow-up grading or repairs in the event of failure of the original work for a
period of five (5)years. Staff proposed that in lieu of finishing the work, PG&E reimburse the
District for completing the work. In addition, to ensure that any future problems would be
addressed, it was requested that PG&E either provide a performance bond in the amount of
$50,000 in addition to the $30,000 compensation, or pay the District a lump sum of$50,000 to
relieve PG&E from all of the obligations defined in the Permit to Enter. PG&E has agreed to
pay the District a lump sum of$50,000 and has sent a Release for staff s review. Considering
the amount of staff time spent pursuing this matter and inefficiencies on PG&E's behalf, staff
believes that the lump sum compensation of$50,000 would best ensure that the remaining
mitigation work would be completed.
Prepared by:
Douglas Vu, Open Space Planner
Contact Person:
Same as above
LOCATION DESCRIPTION MATERIALS LABOR SUBTOTAL
0.3 mi.from SA06 Add log to existing retaining wall;net&seed downslope. 500.00 988.00 1,488.00
0.6 mi.from SA06 Clean out culvert basin,regrade out the swale,install 400.00 790.40 1,190.40
2 half-culverts on the outflows.
1.3 mi.from SA06 Rebuild retaining wall on Guadalupe Creek. 1,000.00 2,470.00 3,470.00
1.1 mi.from SA06 Install half-culvert on the outflow. 350.00 395.20 745.20
2.8 mi.from SA21 Reimbursement for slide removal. 1,600.00 1,600.00
3.7 mi.from SA21 Install half-culvert on outflow. 500.00 592.80 1,092.80
3.9 mi.from SA21 Install half-culvert on outflow. 500.00 592.80 1,092.80
4.9 mi.from SA21 Replace 4 madrone trees on a 5:1 ratio and provide for 100.00 7,800.00 7,900.00
periodic water.
0.1 mi. from FOOSP boundary Install rock headwall and rock outflow. 50.00 197.60 24T60
0.2 mi.from FOOSP boundary Install rock headwall and rock outflow. 100.00 296.40 396.40
0.3 mi.from FOOSP boundary Install rock headwall and fix outflow. 200.00 395.20 595.20
0.4 mi. from FOOSP boundary Regrade and rock inside ditch. 500.00 592.80 1,092.80
Vista Loop Trail,FOOSP Regrade approximately 100 yards of road. 296.40 296.40
Vista Loop&Lookout Trails Mitigate tree damage by replacing(1) 18"dia. Live Oak 25.00 5,200.00 5,225.00
on a 5:1 ratio and provide for periodic water.
PG&E road @ El Sereno OSP Clean out three culvert basins and outflows;regrade approx. 1,500.00 790.40 2,290.40
0.5 miles of road.
SUBTOTAL 28,723,00
Mobilization Costs @ 10% 2,872,00
EXHIBIT A TOTAL 31,595.00
RELEASE
FOR AND IN CONSIDERATION of a valid draft in the amount of Fifty Thousand
Dollars ($50,000.00)payable to Mdpeninsula Regional Open Space District, a public
District, (MROSD) receipt of which is hereby*acknowledged, the undersigned hereby
releases and forever discharges PACIFIC GAS AND ELECTRIC COMPANY, a
California corporation, (PG&E) and its AGENTS, SERVANTS AND EMPLOYEES, and
all others from any and all claims, demands, actions or causes of action, known or
unknown, including injury or damage to property, arising out of or in any way connected
with or resulting from construction related activities performed on property owned or
controlled by MROSD under the Permit to Enter between PG&E and MROSD dated
November 18, 1998.
FURTHER, in consideration of said draft, and as further consideration for this release and
settlement, the undersigned agrees, represents and warrants as follows:
I. The undersigned understands that the liability for said construction related
activities is disputed by the parties herein released, and this release is a compromise and
shall not be construed as an admission of liability.
2. This is a full and final release applying to all present and future unknown and
unanticipated injury or damage to property, as well as to those now known or disclosed
and the undersigned waives all rights or benefits which the undersigned may now have or
in the future may have, under the terms of Section 1542 of the Civil Code of the State of
California, which said section reads as follows:
"A general release does not extend to the claims which the creditor
does not know or suspect exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
3. The undersigned will indemnify and save harmless the parties herein released from
any loss, claim, expense, demand or cause of action of any kind or character through the
assertion by any party or stranger hereto of a claim or claims connected with the subject
matter of this release and from any loss incurred directly or indirectly by reason of the
falsity or inaccuracy of any representation herein by the undersigned.
4. Except as expressly set forth herein, this release shall not in any way alter, modify,
or terminate any fight, title, interest, provision, or obligation of PG&E, held by virtue of
any deed or other evidence of ownership or fight.
5. This release shall inure to the benefit of and bind the successors and assigns of the
respective parties hereto.
6. This release contains the entire agreement between the parties hereto. The terms
of this release are contractual and not a mere recital. This release is executed without
reliance upon any representations by any person, and the undersigned has carefully read
and understand the contents of this release and sign the same as their own free act.
Executed at California on this day of December, 1999.
MIDPENINSULA REGINONAL OPEN SPACE DISTRICT
By
Name:
Title:
2
Regional ° -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-03
Meeting 00-01
January 12, 2000
AGENDA ITEM 5
AGENDA ITEM
Renewal of Investment Authority and Annual State ent of Investment Policy
GENERAL MANAGER'S RECOMM DATION
Adopt the attached resolution to extend the controller's investment authority until January 15, 2001
DISCUSSION
The controller's authority to invest temporarily idle funds will expire on January 14, 2000, according
to the provisions of Resolution 99-42 (see report R-99-133). Currently, all of our cash reserves not
held by a trustee are invested through the Santa Clara County pooled investment fund or are in U. S.
treasury securities held by Santa Clara County. The attached resolution renews the District's
investment policy, permitting the District to invest its surplus finds in the Santa Clara County pooled
fund. This pooled fund, by policy, invests in a conservative manner and reports on fund performance
monthly, including a full listing of the portfolio. The pool's investment policy has been reviewed by
the controller.
When short-term interest rates rise, we are sometimes able to earn an enhanced return on District
investment funds by investing directly in investments permitted by the Government Code. The attached
policy permits the controller to invest surplus District funds directly in such specific investments.
Our District policy does not allow any of the practices which crippled Orange County. First,
investments may not be leveraged. Second, investments may not include derivatives. Third, the term
of new investment may not exceed 180 days.
Prepared by:
Michael Foster, Controller
Sue Schectman, Legal Counsel
Contact person:
Same as above
i30 I)i�te!Circle . Los Alto,,, CA 94022-1404 Phone: 650-691-1200 ,
FAX:0,50-091 0485 - E-mail: mrostlCr?ul>enStMc e.or, Weh site:www.ot>enspace.otf,
B,)m l of Quo(tars:Pete Siemens,Mary C Dauw,led( vr, Deanc t_itthe,Nonette lianko,Ito,%,( rowder, Kenneth( . Nit/ »(Ioner.rl M.111,1f rcl t Britton
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ADOPTING A STATEMENT OF INVESTMENT POLICY
AND AUTHORIZING THE CONTROLLER TO INVEST
SURPLUS FUNDS ALLOWED BY GOVERNMENT CODE
WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds
in order to help meet land acquisition objectives; and
WHEREAS, the Chapter 4, Division 2 of Title 5 of the Government Code authorizes
the District to deposit and invest surplus funds in investments which, at times, yield interest rates
higher than achievable through the Santa Clara County Pooled Fund; and
WHEREAS, the District can often improve its yield on surplus funds without
sacrificing financial safety flexibility;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section One. The Board of Directors of the Midpeninsula Regional Open Space
District does hereby authorize the Controller to invest surplus or temporarily idle funds according to
the Investment Goals and Guidelines attached hereto as Exhibit "A" and by reference made a part
hereof.
Section Two. Before any particular investments the Controller shall consult with the
General Manager, or a District employee authorized to act in his/her behalf, to determine anticipated
cash flow needs of the District.
Section Three. This Resolution supersedes Resolution No. 99-42 adopted October 13,
1999. This Resolution shall no longer be in effect as of January 15, 2001, unless extended in time,
and inactive funds shall then be deposited in the Santa Clara County Pooled Investment Fund.
i
EXHIBIT "A"
Investment Goals and Guideline
GOALS
Goal 1. Capitol Preservation
The primary goal shall be to safeguard the principal of invested funds. Temporarily idle funds shall be
invested in a conservative manner, such that funds can always be withdrawn at, or just above or below,
full invested value. Investments that offer opportunities for significant capital gains and losses are
excluded.
Goal2. Liquidity
Temporarily idle funds will be managed so that normal operating cash needs and scheduled
extraordinary cash needs can be met on a same day basis. Investments will be sufficiently liquid to
provide a steady and reliable flow of cash to the District to insure that all land purchases can be made
promptly (within two weeks).
Goal 3. Income
Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation
and liquidity goals and the Government Code.
GUIDELINES
1. Determination of Idle Funds
The Controller will prepare a complete cash flow projection prior to all investment decisions. This
cash flow projection will be reviewed and evaluated by the General Manager. The General Manager is
responsible for approving the Controller's designation of the amount of funds not required for the
immediate necessity of the District and available for investment.
2. Contingency Reserve
�v
A contingency reserve of between $500,000 and $2,000,000 shall be maintained with the Santa Clara
County pooled investment fund. The General Manager is responsible for approving the Controller's
designation of the size of this contingency reserve. At all times this contingency reserve will be
sufficient to satisfy the requirements for all Note Funds.
3. Non-Invested Funds
Idle District funds not otherwise invested or maintained with paying agents will be deposited in the
Santa Clara County pooled investment fund.
4. Selection of Investments
The Controller is responsible for selecting specific investments that fit within the amounts and
maturities recommended by the Controller and by the General Manager. The Controller is also
responsible for directing security transactions.
I
5. Investments Instruments
Investments shall be limited to those allowed by Government Code Section 53601 et seq. And 53635 et
seq. Investments shall not be leveraged. Investments, and "derivatives," that offer opportunities for
significant capital gains and losses are excluded. All investment, other than funds held in trust for
noteholders and trust funds released after posting surety bonds, shall mature within 180 days.
6. Diversification
Investments other than insured or collateralized deposits at banks and savings and loan associations
shall be diversified.
7. Marketability
For investments other than deposits, the breadth of ownership and number of securities outstanding will
be sufficient to establish a secondary market in which investments can be readily converted to cash
without causing a material change in their market value.
8. Acceptable Banks
Bankers' Acceptances and Negotiable Certificates of Deposit may be purchased only from banks and
savings and loan associations with over $1,000,000,000 of deposits and reporting profitable operations.
9. Acceptable Collateral
Securities collateralizing bank or savings and loan deposits must be rated "A" or higher.
10. Investments in Name of District
All investments purchased shall stand in the name of the District.
11. Reporting
The Controller shall report all security transactions to the Budget Committee no later than the next
Regular Meeting of the Board of Directors after any transaction has been made. The Controller shall
submit a report of the District's investments and security transactions to the Administration and Budget
Committee by the fourth Wednesday of each month in accordance with Government Code Section
53607. The Controller will render a quarterly investment report to the Board of Directors as required
by Government Code Section 53646. Such reports shall also be submitted to the General Manager and
to the District's auditor. The Administration and Budget Committee shall act on behalf of the Board of
Directors in receiving reports from the Controller required by Government Code Section 53607.
12. Purchase of Securities Through Bank
The Controller is authorized to purchase securities through the investment department of the District's
bank. The Bank shall be instructed in writing only to purchase securities in the name of the District
and that all matured funds shall be returned to the District's bank account. The Bank shall also be
instructed to send receipts for transactions to the General Manager.
Regional Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-07
Meeting 00-01
January 12, 2000
AGENDA ITEM 6
AGENDA ITEM
Consulting Services Agreement for 2000 with Legislative bnsultants Heim, Noack, Kelly &
Spahnn
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to execute the attached Consulting Services Agreement with
Heim, Noack, Kelly & Spahnn for calendar year 2000 legislative consulting services in
Sacramento.
DISCUSSION
The attached Consulting Services Agreement with Heim, Noack, Kelly & Spahnn is for a one-
year term for legislative consulting services in Sacramento. The terms and conditions of the
agreement remain unchanged from the previous agreement, and the consulting fee of$1,100
per month, plus a monthly expense allowance of$55, has not increased since 1989.
Heim, Noack, Kelly & Spahnn continue to provide excellent service at a very modest cost,
especially considering the returns to the District. Ralph Heim has represented the District in
Sacramento for the past 13 years. He has worked very effectively on the District's behalf and
has done an outstanding job of protecting the District's legislative interests.
Prepared by:
M. Smith, Public Affairs Manager
Contact person:
L. Craig Britton, General Manager
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosdOopenspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
"Spahnn Heim, Noack, Kefly c-,)
G 0 V E P N . E N T A L R E L A t 1 0
Ralph A.Heim
Russell W.Noack
Anne Kelly
Leslie S.Spahnn
John Caldwell DEC 1999
December 16, 1999
TO: L. Craig Britton
General Manager
Midpeninsula Regional Open Space District
FROM: Ralph A. Heim
RE: Legislative Representation Contract
I have attached hereto our contract for 2000. You will note that the terms and
conditions contained therein remain unchanged from our 1999 contract
Upon review, if the contract is satisfactory, please sign and return to my
attention. Upon receipt, I will execute and return a copy for your files.
Alternatively, if you have any questions regarding the contract, please give me a
call.
I look forward to working with you next year.
RAH/kmg
Attachment
1121 L Street,Suite 100
Sacramento,CA 95814
Tel.(916)4424584
Fax(916)441-4925
Email:general@hnks.com
Heim, Noack, Kefl S
pAM
y_
G 0 V E R N M E N T A L R E L A T 1 0 N S
Ralph A.Heim
Russell W.Noack
Anne Kelly
Leslie S.Spahnn CONSULTING SERVICES AGREEMENT
John Caldwell
THIS AGREEMENT, entered into this I st day of January, 2000, by and between
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called
"District", and HEIK NOACK, KELLY& SPAHNN, a California Corporation,
hereinafter called "Legislative Consultant", or "Consultant."
The parties hereto do mutually agree as follows:
1. ENGAGEMENT OF CONSULTANT
The District hereby agrees to engage Consultant, and Consultant agrees to
perform the services hereinafter set forth in this Agreement.
2. SCOPE OF SERVICES
Consultant shall do, perform and carry out in a satisfactory and proper
manner, as determined by District, the following services:
a. Become familiar with District's Legislative Program for 2000 and
its special legislative concerns.
b. Advocate legislation and amendments to legislation to Sacramento
legislators and administrators and their staffs which will enhance District's funding
or result in other legislation favorable to District, with an emphasis on District's
Legislative Program for 2000 and related matters, and other legislative or State
administrative matters as may be assigned from time to time.
C. Monitor and advise of status of pending legislation which may
affect District.
d. Evaluate and advise District as to the political climate in
Sacramento, the best channels for influencing legislation affecting District,
desirable kinds of legislation in light of District's problems, purposes and goals, and
the best strategies for achieving legislation favorable to District.
e. Maintain and improve liaison between District and members of the
Legislature and the State Administration.
f, Attend legislative hearings and other legislative meetings on behalf
of District when a District representative is unable to be there or as otherwise
appropriate.
1121 L Street,Suite 100
Sacramento,CA 95814
Tel.(916)4424584
Fax(916)441-4925
Email:generalftnks.com
g. When beneficial to District, coordinate District efforts with
advocates of other regional park or open space districts, special district
associations, park and recreation associations, and other appropriate organizations.
3. RESPONSIBILITIES OF DISTRICT
District shall cooperate with and furnish necessary data to Consultant in
every reasonable way to assist Consultant in carrying out its services under this
Contract. Consultant's principal contact with District shall be District's General
Manager or designee.
4. PERSONNEL
a. Consultant represents that it has, or will secure at its own expense,
all personnel required in performing the service under this Contract. Such
personnel not be employees of or have any contractual relationship with District.
5. TIME OF PERFORMANCE
The services of Consultant are to commence January 1, 2000 and continue
through December 31, 2000.
6. COMPENSATION
The District agrees to pay the Consultant at a fixed monthly rate of
$1,100.00 plus a monthly expense allowance of$55.00. The expense allowance
shall cover costs of telephone, postage, photocopying, bill service and other out-
of-pocket expenses. If cumulative expenses have significantly exceeded
cumulative expense allowances and it appears this situation will continue,
consultant may request an increase in the allowance which shall be considered by
the General Manager. Compensation for travel expenses, such as those to the
District, which may cause the cumulative expense allowance to be exceeded, must
be authorized in advance by the General Manager. Said payments shall be
prorated for any fractional month at the beginning and end of the contract period.
Such compensation shall constitute the total amount payable by District under this
agreement and shall include all costs and expenses of Consultant. Consultant shall
bill District at the end of each calendar month, and the District shall remit within
30 days of said billings.
7. TERMINATION
District shall have the right to terminate this agreement by five (5) days
written notice at any time, with or without cause. Consultant shall be entitled to
compensation for all services rendered up to the date of termination. Consultant
also shall have the right to terminate this agreement by fifteen (15) days written
notice at any time, with or without cause.
8. EQUAL EMPLOYMENT OPPORTUNITY
The Consultant shall not willfully discriminate against any employee or
applicant for employment because of race, color, sex, religion, ancestry, or national
origin. Consultant shall take affirmative action to ensure that applicants are
employed without regard to their race, color, sex, religion, ancestry, or national
origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
9. ASSIGNABILITY
The Consultant shall not assign any interest in this agreement, and shall not
transfer any interest in the same, or any payments to be received hereunder,
without the prior written consent of District.
10. INTEREST OF CONSULTANT
Consultant covenants that is presently has no interest, and shall not have
any interest, direct or indirect, which would conflict in any manner with the
performance of services required to be performed under this agreement.
Consultant shall from time to time advise General Manager of the District
as to the names of other persons and/or organizations that Consultant represents in
legislative matters.
11. FINDINGS
Any reports, information, data, etc. given to or prepared or assembled by
Consultant under this contract which District requests to be kept as confidential
shall not be made available to any individual or organization by Consultant without
the prior written approval of District.
12. USE OF FUNDS
Consultant shall not expend any of the funds received as compensation
hereunder in support of or in opposition to any candidate for any political office or
in support of or in opposition to any ballot measure. Compensation is limited to
the cost of services actually rendered and expenses, and specifically does not
include political contributions of any type whatsoever.
IN WITNESS WHEREOF, District and Contractor have executed this Agreement
as of the date first written above.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
By:
Mr. L. Craig Britton, General Manager
HEIM, NOACK, KELLY& SPAHNN
By:
Mr. Ralph A. Heim, President
Regional en ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-02
Meeting 00-01
January 12, 2000
AGENDA ITEM 7
AGENDA ITEM
r
Appointment of Administration and Budget Committee or 2000
GENERAL MANAGER'S RECOMMENDATION`--
The new President of the Board should appoint the Administration and Budget Committee members for
the 2000 calendar year with your consent.
DISCUSSION
Section 1.82 of your Rules of Procedure states that appointments to the Administration and Budget
Committee shall normally be made at the first regular meeting in January and that the Board Treasurer
shall be one of the three members of the Committee. The appointment of the Administration and Budget
Committee is placed near the end of the agenda in order to allow the newly elected Board President some
time to contemplate the filling of the two open Administration and Budget Committee seats; the 2000
Treasurer will have been selected by the Board earlier in the evening.
Prepared by:
Peggy Coats,District Clerk
Contact person:
same as above
310 Distel Cirde . Los Altos, CA 94022-1404 - Phone: 6 0-691-1200
FAX: 650-691 0485 . E-mail: mros<1�ropenspace_org • Web rile:www.gpenspace.or£;
Hwld w Oire(tors:Pete Siemens,M,rry C Davey,led Cyr Deane Little, Nonette lianko, Betsv( romler,Kenneth C.Nit7 Britton
Regional ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-00-12
Meeting 00-01
January 12, 2000
AGENDA ITEM 8
AGENDA ITEM
Authorization to Change District's Designation of Auth ized Signatories for District Checking
Accounts
{GENERAL MANAGER'S RECOMMENDATIONS /
1. Adopt the attached Resolution of the Board of Directors Amending Rules of Procedure Regarding
Financial Instrument Signatories.
2. Adopt the attached Resolution of the Board of Directors Establishing Signatories for General
Checking Account (Mid-Peninsula Bank).
3. Adopt the attached Resolution of the Board of Directors Establishing Signatories for Payroll
Checking Account (Mid-Peninsula Bank)
4. Adopt the attached Resolution of the Board of Directors Authorizing Telephone Withdrawals,
Deposits, and Wire Transfers (Mid-Peninsula Bank)
5. Adopt the attached Resolution of the Board of Directors Establishing Financial Instrument
Signatories of the District for Santa Clara County Accounts.
DISCUSSION
Section 2.40, "Financial Instrument Signatories," of your Rules of Procedure states that, "The
authorized signatories...for payroll or for amounts less than $5,000 shall be any one of the following
five employees: (i) the General Manager, (ii) the Administrative Services Manager, (iii) the Operations
Manager, (iv) the Public Affairs Manager, or (v) the Planning Manager," and that, "The authorized
signatories for...amounts of$5,000 or greater (excluding payroll) shall be any two of the following
employees: (i) the General Manager, (ii) the Administrative Services Manager, (iii) the Operations
Manager, (iv) the Public Affairs Manager, or (v) the Planning Manager."
This section should be amended to reflect the addition of a new
management position, the Assistant
g
General Manager, and the title change of Administrative Services Manager to Administration and
I M Distel Circlet . Los Altos, CA 940 22-1404 - Phone:050 091-1200
FAX:050-611-0485 - E-mail: mros<1Ct
4-)penspace.org - Web site: www.openspace.org
Bo,?rd of()irec tot, Pete'siemens,Mary(.I)avev, led t yr,Deane tittle,Nonette Hanko, Bet�v(rm der,Kenneth( .Nit/ *(Icnetdl Al,m ,gle!:I t r,mi E',ritton
l
Human Resources Manager as approved by you at your meeting of March 24, 1999 (see report R-99-
42).
While the Rules of Procedure are specific regarding positions designated as signatories, the District's
bank requires that resolutions be adopted by the Board each time individuals occupying signatory
positions change. With the resignation of the Public Affairs Manager, and the filling of the vacant
Planning Manager position, identification of new signatories is in order.
Because the District draws warrants from the County of Santa Clara, a further resolution is required
identifying changes in named signatories when they occur.
Prepared by:
Peggy Coats, District Clerk
Contact person:
Peggy Coats, District Clerk
RESOLUTION NO
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AMENDING RULES OF PROCEDURE
Section 2.40 of the Rules of Procedure of the Board of Directors of the Midpeninsula Regional Open
Space District is hereby amended to read as follows:
Section 2.40 Financial Instrument Signatories
(a)The authorized signatories to checks,warrants,withdrawal applications and the Santa Clara County
claim forms of the Midpeninsula Regional Open Space District for payroll or for amounts less than
$5,000 shall be any one of the following employees: (i)the General Manager, (ii)the Assistant General
Manager, (iii)the Administration and Human Resources Manager,(iv)the Public Affairs Manager,(v)
the Planning Manager,or(vi)the Operations Manager.
(b)The authorized signatories to checks,warrants,withdrawal applications and Santa Clara county claim
forms of the Midpeninsula Regional Open Space District in amounts of$5,000 or greater(excluding
payroll) shall be two of the following employees: (i)the General Manager, (ii)the Assistant General
Manager,(iii)the Administration and Human Resources Manager, (iv)the Public Affairs Manager,(v)
the Planning Manager, or(vi)the Operations Manager.
WB
MID - PENINSULA BANK
CORPORATE BANKING RESOLUTION
(for Deposit Accounts)
Depositor: MIDPENINSULA REGIONAL OPEN SPACE Financial MID-PENINSULA BANK
DISTRICT-GENERAL ACCOUNT Institution: 420 Cowper Street
330 DISTEL CIRCLE Palo Alto,CA 94301
LOS ALTOS,CA 94022
Account No: 0108390201
1, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by
virtue of the laws of the state of California with its principal office at 330 DISTEL CIRCLE,LOS ALTOS,CA 94022.
Account Holder. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-GENERAL ACCOUNT is the complete and correct name of the Account
Holder.
I FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation,duly and regularly called and held on 1-12-00,at which a
quorum was present and voting,the following resolutions were adopted:
RESOLVED, that the Financial Institution named above at any one or more of its offices or branches, be and it hereby is designated as the Financial
Institution of and depository for the funds of this Corporation,which may be withdrawn on checks,drafts,advices of debit,notes or other orders for the
payment of monies bearing the following appropriate number of signatures: ' 2 SIGNATURES OVER $5,000.00 of the following named officers or
employees of this Corporation("Agents'),whose actual signatures are shown below:
X
L CRAIG BRITTON,GENERAL MANAGER
X
JOHN M ESCOBAR, Assistant General Manager
X
Bruce R. Anderson, Planning Manager
X
DEIRDRE G DOLAN, Administration and Human Resources Manager
and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual
order of any Agent or Agents signing the same.
FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the
Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though
drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or
for deposit to the Agent's personal account, and the Financial institution shall not be required or be under any obligation to inquire as to the
circumstances of the issue or use of any item signed in accordance with the resolutions contained herein,or the application or disposition of such item
or the proceeds of the item.
FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this
Corporation for deposit with the Financial Institution, or for collection or discount by the Financial Institution; and to accept drafts and other items
payable at the Financial institution.
FURTHER RESOLVED, that the above named agents are authorized and empowered to execute such other agreements, including,but not limited to,
special depository agreements and arrangements regarding the manner,conditions, or purposes for which funds,checks, or items of the Corporation
may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these
resolutions.
FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written
notice of any amendment or revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account
is maintained. Financial Institution shall be indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in
accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given.
I FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures; that the foregoing
Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified in any manner
whatsoever.
CORPORA"! BANKING RESOLUTION (for Or - -)sit Accounts) Page 2
(Continued)
IN TESTIMONY WHEREOF, I have hereunto set my hand on , 1997 and attest that the signatures set
opposite the names listed above are their genuine signatures.
CERTIFIED TO AND ATTESTED BY:
X
CORPORATE "Secretary or Assistant Secretary
SEAL X
`NOTE: In case the secretary or other certifying officer is designated by the foregoing resolutions as one of the signingofficers this r
Officer or Director of the Corporation. certificate should also be signed by a second
DEPOSIT PRO,14.4.U.S.P41.4 T.M.OFF,v-.S044(s)I"? CFI PIOSIIINI-S.Ift. AS R4h,*R4strv44. CA-0:1CFI\TiSll714
&Bj
MID - PENINSULA BANK
CORPORATE BANKING RESOLUTION
(for Deposit Accounts)
Depositor: MIDPENINSULA REGIONAL OPEN SPACE Financial MID-PENINSULA BANK
DISTRICT-PAYROLL ACCOUNT Institution: 420 Cowper Street
330 DISTEL CIRCLE Palo Alto,CA 94301
LOS ALTOS,CA 94022
Account No: 0110653801
1, the undersigned Secretary of the Corporation named above, HEREBY CERTIFY that the Corporation is organized and existing under and by
virtue of the laws of the state of CallfornlaaseelifID0 00 ful pofill,with its principal office at 330 DISTEL CIRCLE,LOS ALTOS,CA 94022.
Account Holder. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-PAYROLL ACCOUNT is the complete and correct name of the Account
Holder.
I FURTHER CERTIFY that at a meeting of the Board of Directors of the Corporation,duly and regularly called and held on 1_12_00 at which a
quorum was present and voting,the following resolutions were adopted:
RESOLVED, that the Financial Institution named above at any one or more of its offices or branches, be and it hereby is designated as the Financial
Institution of and depository for the funds of this Corporation,which may be withdrawn on checks,drafts,advices of debit,notes or other orders for the
payment of monies bearing the following appropriate number of signatures: '2 SIGNATURES OVER $5,000 of the following named officers or
employees of this Corporation("Agents"),whose actual signatures are shown below:
X
L CRAIG BRITTON,GENERAL MANAGER
X
JOHN M ESCOBAR, Assistant General Manager
X
Bruce R. Anderson, Planning anager
X
DEIRDRE C DOLAN, Administration and Human Resources Manager
and that the Financial Institution shall be and is authorized to honor and pay the same whether or not they are payable to bearer or to the individual
order of any Agent or Agents signing the same.
FURTHER RESOLVED, that the Financial Institution is hereby directed to accept and pay without further inquiry any item drawn against any of the
Corporation's accounts with the Financial Institution bearing the signature or signatures of Agents, as authorized above or otherwise, even though
drawn or endorsed to the order of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or
for deposit to the Agent's personal account, and the Financial Institution shall not be required or be under any obligation to inquire as to the
circumstances of the issue or use of any item signed in accordance with the resolutions contained herein,or the application or disposition of such item
or the proceeds of the item.
FURTHER RESOLVED, that any one of such Agents is authorized to endorse all checks, drafts, notes and other items payable to or owned by this
Corporation for deposit with the Financial Institution, or for collection or discount by the Financial Institution; and to accept drafts and other items
payable at the Financial Institution.
FURTHER RESOLVED,that the above named agents are authorized and empowered to execute such other agreements,including,but not limited to,
special depository agreements and arrangements regarding the manner,conditions, or purposes for which funds,checks,or items of the Corporation
may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these
resolutions.
FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written
notice of any amendment or revocation thereof shall have been delivered to and received by the Financial Institution at each location where an account
is maintained. Financial s
Institution sh
all ail be indemnified and held harmless from any toss suffered or any liability incurred by it in continuing to act in
accordance with this resolution. Any such notice shall not affect any items in process at the time notice is given.
I FURTHER CERTIFY that the persons named above occupy the positions set forth opposite their respective names and signatures;that the foregoing
Resolutions now stand of record on the books of the Corporation; that they are in full force and effect and have not been modified in any manner
whatsoever.
�•� � ';��RA�'" BANKING RESOLUTION (for Dir ,)sit Accounts) Page 2
(Continued) 9
IN TESTIMONY WHEREOF, I have hereunto set my hand on
opposite the names Iisted above are their genuine signatures, > t997 and attest that the signatures s
CERTIFIED TO AND ATTESTED BY:
X
CORPORATE 'Secretary or Assistant retary
SEAL X
'NOTE: In case the Secretary or other certifying officer is designated by the foregoing resolutions as one of the signing officers,this certificate should also be signed by A Secc,
Officer ar Director of the Corporation,
DEPOSIT MO,Any U.S.?y4 i T.M.OfF,vp,a,a1p{C7 199f o" W- AS A101-R*--- . CA-Gn FRTiS%L71$
!tion No.
I.IXID—PENINSULA i.,ANK
AUTHORIZATION FOR TELEPHONE WITHDRAWALS, DEPOSITS AND WIRE TRANSFERS
WHEREAS,Undersigned has established one or more sa-vings and deposit accounts with MID-PENINSULA BANK("Bank")and it is
to the benefit of Undersigned to enter into an agreement with Bank so that Undersigned can,from time to time, make withdrawals and
deposits from said accounts.
NOW,THEREFORE,BE IT RESOLVED: That Bank pay funds from or to any of the accounts listed hereon upon authorization by any
of the parties who are authorized to give written or telephonic requests for withdrawals.
That if the Bank is advised by telephone that the person calling is one of the parties authorized to withdraw or transfer funds, the Bank
may accept such representation as true without further inquiry,and Undersigned hereby releases Bank from any claims or causes of action
which Undersigned may suffer or incur by reason of Bank's compliance with any telephonic request in connection with the listed accounts.
Bank shall promptly acknowledge any telephonic withdrawals from one account and deposited into another listed account by mailing
notice thereof to Undersigned.
This agreement may be voluntarily terminated at any time by written notice to Bank from Undersigned,or to Undersigned from Bank.
This agreement may be modified only in writing delivered to Bank or by Bank's written notice to Undersigned when Bank receives no
negative response within 30 days. No voluntary termination shall affect any withdrawals,check or deposit properly paid and issued prior
to such notice and the obligations of Undersigned.
FUNDS MAY BE TRANSFERRED TO AND FRONf: PARTIES AUTHORIZED TO SIGN ON ACCOUNTS&
MAKE TRANSFERS:
0108390201 0110653801
Account Name Account Number L. CRAIG BRITTON , General Manager
**or
Account Name Account Number JOHN M ESCOBAR, Assistant General Manager
PARTIES AUTHORIZED TO MAKE TRANSFERS ONLY: **or
Bernardette Congdon, Accounting Specialist *-or
DEIRDRE DOLAM, Admin. & Hum.Res. Manager
WIRE TRANSFERS ONLY:
Date:
MICHAEL L. FOSTER —CONTROLLER
If"Undersigned"refers to a corporation account,the following must be certified by the Secretary of the Corporation.
I hereby certify that the foregoing is a full,true and correct copy of the resolution adopted by the Board of Directors of the
at a meeting of said Board held on the day of
19 and that the signatures hereon are true and correct of those authorized to sign.
(SEAT.) Signature of Corporate Secretary
$NOTE: If two or more signatures are required to withdraw funds,one person may request by telephone a withdrawal and a deposit
into another listed account only if the same signatures appear on both accounts.
3 90 M PB-134
RESOLUTION NO
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ESTABLISHING FINANCIAL INSTRUMENT SIGNATORIES OF THE DISTRICT FOR SANTA CLARA COUNTY
ACCOUNTS
WHEREAS Section 2.40 of the Rules of Procedure (required by Public Resources Code,
Division 5, Chapter 3, Article 3, Section 5536) of the Board of Directors of the Midpeninsula Regional
Open Space District authorizes signatories to make disbursements on behalf of the District,
NOW, THEREFORE, the Board of Directors of the Midpeninsula Regional Open Space District
does hereby resolve as follows:
Section 1. The signatures of the present holders of said offices are as follows, and the Director
of Finance of Santa Clara County is authorized to make disbursements on behalf of the District based
on any one signature for amounts under $5,000, and any two signatures for amounts of$5,000 and
over, as set forth below:
GENERAL MANAGER
L. Craig Britton
ASSISTANT GENERAL MANAGER
John M.Escobar
ADMINISTRATION AND HUMAN RESOURCES MANAGER
Deirdre C. Dolan
PLANN'NING MANAGER
Bruce R. Anderson
Regional Open , we
Report OR- 0-10�
Meeting 00-01 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
January 12, 2000
AGENDA ITEM 9
AGENDA ITEM
Authorization to Solicit Bids for Five Fire Pumpers f District Patrol Vehicles
GENERAL MANAGER'S RECOMMENDATION
Authorize staff to advertise for bids to purchase five fire pumpers.
BACKGROUND
At your March 24, 1999 meeting, you approved the fiscal year 1999-2000 budget which
included $31,000 for the purchase of two additional fire pumpers and for replacement or
upgrading of existing units (see report R-99-09).
The District purchased two new patrol trucks in April 1999. Staff delayed purchasing
fire pumper units for these new vehicles until available fire equipment was reviewed to
select the most suitable apparatus for the District. Staff decided to continue to use the
same basic configuration of a 100-to 150-gallon slip-on unit, but to find a unit with
increased performance that is more reliable.
Staff has been working with fire equipment manufactures to develop specifications for a
unit that meets District needs. Demonstrations of these units are currently underway.
Staff is ready to solicit bids for the two pumpers that will go on the two new patrol
trucks. The estimated cost is $13,000 for the two units.
Extensive testing of components and attempts to retrofit existing units have not proved
reliable. Staff now feels it would be more cost effective to start a phased replacement of
all existing pumper units. The units that will be replaced first are more than 10 years old
and are over their expected duty cycle.
p Y Y
The funds originally allocated for modifying units will be used to start the phased
replacement. Staff anticipates purchasing five pumper units, two for the new trucks and
three replacements. The total cost should be approximately $31,000.
Prepared by:
David Topley, Support Services Supervisor
Contact person:
Same as above
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 e E-mail:mrosd@openspace.org .Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
Claims No. 2000-01
Meeting 2000-01
Date: January 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1000 1,027.75 Ace Fire Equipment&Service Co., Inc. Fire Extinguisher Servicing
1001 488.88 Acme&Sons Sanitation Sanitation Services
1002 307.53 ADT Security Services Alarm Service
1003 36.34 AirTouch Paging Pagers
1004 531.70 All Laser Service Printer Supplies
1005 1,050.00 Allied Engineering Company Survey Services
1006 225.71 Airbill Glove&Safety Products Safety Supplies
1007 22.44 AT&T Telephone Service
1008 64.68 Barron Park Supply Co., Inc. Electrical Supplies
1009 1,513.25 George Bianchi Construction, Inc. Consultant-Saratoga Gap Culvert/Road Repai
1010 2,798.50 Big Creek Field Supplies
1011 50.51 Carleen Bruins Reimbursement-Docent Event
1012 124.07 John Cahill Reimbursement-Cellular Phone Expenses
1013 5,973.50 California Conservation Corps ECM Log Jam Removal Crew
1014 95.00 California Suites Santa Rosa Academy Accommodations
1015 239.39 California Water Service Company Water Service
1016 425.00 Camino Medical Services Medical Services
1017 9,364.80 Carpenter Printing Trail Brochure Printing
1018 26.29 Cascade Fire Equipment Company Equipment Parts
1019 152.30 Costco Wholesale Office Supplies
1020 180.56 Cole Supply Company Janitorial Supplies
1021 87.50 Jim Davis Automotive Vehicle Services
1022 3,239.37 Design Concepts Graphic Design Services
1023 123.50 Federal Express Express Mail Service
1024 242.77 Forestry Suppliers, Inc. Field Supplies
1025 33.12 Franklin Covey Office Supplies
1026 33.61 G&K Services Shop Towel Service
1027 112.53 Gardenland Power Equipment Field Supplies
1028 444.00 *1 Gary's Tire Disposal Tire Disposal
1029 434.23 GeoLine Positioning Systems, Inc. GPS Receiver Accessories
1030 1,575.83 Sandra Gimbal Sommer, Landscape Architect Architect Services
1031 227.33 Goodco Press, Inc. Printing Services
1032 120.16 Granite Rock Company Road Materials
1033 66.84 Green Waste Recovery, Inc. Garbage Service
1034 130.20 GTE Wireless Cellular Phone Service
1035 30.00 Heritage Council of Santa Clara County Membership Dues
1036 1,075.19 Howard Rome Martin&Ridley Legal Services
1037 63.27 Michael Jurich Reimbursement--Office Supplies
1038 74.79 Kinko's Printing Services
1039 443.54 *2 Koo Koo Roo Staff Holiday Event Caterer
1040 110.00 Earl Koberlein D.D. S. Medical Services
1041 81.14 Lab Safety Supply Safety Signs
1042 279.00 Lanier Worldwide, Inc. Copy Machine Service
1043 131.02 Los Altos Garbage Company Dumpster Service
1044 764.90 Lucent Technologies Maintenance&Service--Phone System
1045 922.70 *3 Marin Concrete Products, Inc. Field Supplies
1046 765.23 *4 Jennifer Menk Reimbursement-Santa Rosa Academy
Page 1
Claims No. 2000-01
Meeting 2000-01
Date: January 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1047 26.76 Madco Welding Supply Company Welding Supplies
1048 360.73 MCI Worldcom Cellular Phone Service
1049 605.26 MetroMobileCommunications Radio Supplies
1050 2,390.99 Minton's Lumber&Supply Field Supplies
1051 87.50 City of Mountain View Room Rental--Docent Event
1052 50,000.00 City of Mountain View Deer Hollow Farm Agreement
1053 190.71 Moffett Supply Company Janitorial Supplies
1054 150.44 Noble Ford Tractor, Inc. Tractor Supplies
1055 59.00 National Notary Association Membership
1056 1,000.00 *5 North American Title Company Acquistion Deposit
1057 3,660.00 North American Title Company Title&Escrow Reports
1058 2,386.00 Old Republic Title Company Escrow&Title Fees
1059 84.44 Orlandi Trailer, Inc. Equipment Rental
1060 359.81 Pacific Bell Telephone Services
1061 148.83 Peninsula Blueprint Printing Services
1062 231.25 PIP Printing Map Printing
1063 112.88 Pine Cone Lumber Co., Inc. Field Supplies
1064 255.64 Pitney Bowes Credit Corp. Postage Meter Lease
1065 15.85 Precision Engravers, Inc. Name Tag Engraving
1066 37.90 Rancho Hardware Field Supplies
1067 4,554.61 Rana Creek Habitat Restoration Grassland Study-Phase III Russian Ridge
1068 1,261.63 Redwood General Tire Co., Inc. Tires
1069 54.11 *6 Paul Romero Reimbursement--Supplies
1070 1,990.88 Roy's Repair Service Vehicle Maintenance&Repair
1071 196.01 Russ Enterprises, Inc. Signs
1072 911.36 San Francisco Newspaper Agency Recruitment Advertisement
1073 771.90 San Jose Mercury News Recruitment Advertisement
1074 100.00 San Mateo County Bar Association Membership Dues
1075 519.47 Sears Enterprise Rental Appliance
1076 21.32 Shell Oil Company Fuel
1077 601.87 John Shelton, Inc. Restoration Road Materials
1078 1,554.50 Signs of the Times Signs
1079 103.51 Skywood Trading Post Fuel
1080 789.71 *7 Jeff Smith Reimbursement--Santa Rosa Academy
1081 110.97 Jeff Smith Reimbursement--CPR&EMT Training
1082 593.71 *8 Carrie Sparks-Hart Reimbursement--Santa Rosa Academy
1083 139.64 Summit Uniforms Uniforms
1084 1,900.00 *9 Sun Valley Tree Care Tree Removal Service-BCR Preserve
1085 120.00 Thoits Insurance Additional Insurance for Chipper
1086 120.00 Therma Corp. HVAC Repair--Distel Building
1087 11,101.04 Trimble Navigation Limited GIS Unit for Planning Department
1088 7,395.08 2M Associates Consultant--Annexation Study
1089 51.96 United Green Mark Field Supplies
1090 465.49 United Rentals Backhoe Rental
1091 14.50 *10 UPS Parcel Mail
1092 103.00 Verio/Best Internet Internet Provider
1093 694.31 West Group Payment Center Legal On-Line Services
I
I Page 2
Claims No. 2000-01
Meeting 2000-01
Date: January 12, 2000
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1094 652.75 West Tek Supply, Inc. Erosion Control Supplies
1095 204.22 Michael Williams Vehicle and Professional Dues
1096 6.28 Wolf Camera Slide Printing
1097 900.00 Roberta Wolf Recording Services
1098 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Security
1099R 429.56 The Home Depot, Inc. Field Supplies
1100R 935.20 Lanier Worldwide, Inc. Copier Lease
110IR 437.39 Office Helper Products, Inc. Office Supplies
1102R 75.71 Paul Romero Reimbursement--Supplies
1103R 242.33 Second Cup Local Business Meeting Expense
1104R 65.41 Malcolm Smith Vehicle Expense
1105R 108.42 Staples Office Supplies
1106R 6.90 UPS Parcel Delivery Service
1107R 388.06 Petty Cash Vehicle Expense, Office Supplies, Training
Expense, Resource Management Supplies,
and Field Supplies
*1 Urgent Check Issued December 23, 1999
*2 Urgent Check Issued December 16, 1999
*3 Urgent Check Issued December 21, 1999
*4 Urgent Check Issued December 17, 1999
*5 Urgent Check Issued January 06, 1999
*6 Urgent Check Issued January 05, 1999
*7 Urgent Check Issued December 23, 1999
*8 Urgent Check Issued December 17, 1999
*9 Urgent Check Issued January 03, 1999
*10 Urgent Check Issued January 04, 1999
Total 139,366.77
Page 3
Claims No. 2000-01
Meeting 2000-01
Date: January 12, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1000 1,027.75 Ace Fire Equipment&Service Co., Inc. Fire Extinguisher Servicing
1001 488.88 Acme&Sons Sanitation Sanitation Services
1002 307.53 ADT Security Services Alarm Service
1003 36.34 AirTouch Paging Pagers
1004 531.70 All Laser Service Printer Supplies
1005 1,050.00 Allied Engineering Company Survey Services
1006 225.71 Airbill Glove&Safety Products Safety Supplies
1007 22.44 AT&T Telephone Service
1008 64.68 Barron Park Supply Co., Inc. Electrical Supplies
1009 1,513.25 George Bianchi Construction, Inc. Consultant-Saratoga Gap Culvert/Road Repai
1010 2,798.50 Big Creek Field Supplies
1011 50.51 Carleen Bruins Reimbursement-Docent Event
1012 124.07 John Cahill Reimbursement-Cellular Phone Expenses
1013 5,973.50 California Conservation Corps ECM Log Jam Removal Crew
1014 95.00 California Suites Santa Rosa Academy Accommodations
1015 239.39 California Water Service Company Water Service
1016 425.00 Camino Medical Services Medical Services
1017 9,364.80 Carpenter Printing Trail Brochure Printing
1018 26.29 Cascade Fire Equipment Company Equipment Parts
1019 152.30 Costco Wholesale Office Supplies
1020 180.56 Cole Supply Company Janitorial Supplies
1021 87.50 Jim Davis Automotive Vehicle Services
1022 3,239.37 Design Concepts Graphic Design Services
1023 123.50 Federal Express Express Mail Service
1024 242.77 Forestry Suppliers, Inc. Field Supplies
1025 33.12 Franklin Covey Office Supplies
1026 33.61 G&K Services Shop Towel Service
1027 112.53 Gardenland Power Equipment Field Supplies
1028 444.00 *1 Gary's Tire Disposal Tire Disposal
1029 434.23 GeoLine Positioning Systems, Inc. GPS Receiver Accessories
1030 1,575.83 Sandra Gimbal Sommer, Landscape Architect Architect Services
1031 227.33 Goodco Press, Inc. Printing Services
1032 120.16 Granite Rock Company Road Materials
1033 66.84 Green Waste Recovery, Inc. Garbage Service
1034 130.20 GTE Wireless Cellular Phone Service
1035 30.00 Heritage Council of Santa Clara County Membership Dues
1036 1,075.19 Howard Rome Martin&Ridley Legal Services
1037 63.27 Michael Jurich Reimbursement--Office Supplies
1038 74.79 Kinko's Printing Services
1039 443.54 *2 Koo Koo Roo Staff Holiday Event Caterer
1040 110.00 Earl Koberlein D.D. S. Medical Services
1041 81.14 Lab Safety Supply Safety Signs
1042 279.00 Lanier Worldwide, Inc. Copy Machine Service
1043 131.02 Los Altos Garbage Company Dumpster Service
1044 764.90 Lucent Technologies Maintenance&Service--Phone System
1045 922.70 *3 Marin Concrete Products, Inc. Field Supplies
1046 765.23 *4 Jennifer Menk Reimbursement-Santa Rosa Academy
Page 1
Claims No. 2000-01
Meeting 2000-01
Date: January 12, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1047 26.76 Madco Welding Supply Company Welding Supplies
1048 360.73 MCI Worldcom Cellular Phone Service
1049 605.26 MetroMobileCommunications Radio Supplies
1050 2,390.99 Minton's Lumber&Supply Field Supplies
1051 87.50 City of Mountain View Room Rental--Docent Event
1052 50,000.00 City of Mountain View Deer Hollow Farm Agreement
1053 190.71 Moffett Supply Company Janitorial Supplies
1054 150.44 Noble Ford Tractor, Inc. Tractor Supplies
1055 59.00 National Notary Association Membership
1056 1,000.00 *5 North American Title Company Acquistion Deposit
1057 3,660.00 North American Title Company Title &Escrow Reports
1058 2,386.00 Old Republic Title Company Escrow&Title Fees
1059 84.44 Orlandi Trailer, Inc. Equipment Rental
1060 359.81 Pacific Bell Telephone Services
1061 148.83 Peninsula Blueprint Printing Services
1062 231.25 PIP Printing Map Printing
1063 112.88 Pine Cone Lumber Co., Inc. Field Supplies
1064 255.64 Pitney Bowes Credit Corp. Postage Meter Lease
1065 15.85 Precision Engravers, Inc. Name Tag Engraving
1066 37.90 Rancho Hardware Field Supplies
1067 4,554.61 Rana Creek Habitat Restoration Grassland Study-Phase III Russian Ridge
1068 1,261.63 Redwood General Tire Co., Inc. Tires
1069 54.11 *6 Paul Romero Reimbursement--Supplies
1070 1,990.88 Roy's Repair Service Vehicle Maintenance&Repair
1071 196.01 Russ Enterprises, Inc. Signs
1072 911.36 San Francisco Newspaper Agency Recruitment Advertisement
1073 771.90 San Jose Mercury News Recruitment Advertisement
1074 100.00 San Mateo County Bar Association Membership Dues
1075 519.47 Sears Enterprise Rental Appliance
1076 21.32 Shell Oil Company Fuel
1077 601.87 John Shelton, Inc. Restoration Road Materials
1078 1,554.50 Signs of the Times Signs
1079 103.51 Skywood Trading Post Fuel
1080 789.71 *7 Jeff Smith Reimbursement--Santa Rosa Academy
1081 110.97 Jeff Smith Reimbursement--CPR&EMT Training
1082 593.71 *8 Carrie Sparks-Hart Reimbursement--Santa Rosa Academy
1083 139.64 Summit Uniforms Uniforms
1084 1,900.00 *9 Sun Valley Tree Care Tree Removal Service-BCR Preserve
1085 120.00 Thoits Insurance Additional Insurance for Chipper
1086 120.00 Therma Corp. HVAC Repair--Distel Building
1087 11,101.04 Trimble Navigation Limited GIS Unit for Planning Department
1088 7,395.08 2M Associates Consultant--Annexation Study
1089 51.96 United Green Mark Field Supplies
1090 465.49 United Rentals Backhoe Rental
1091 14.50 *10 UPS Parcel Mail
1092 103.00 Verio/Best Internet Internet Provider
1093 694.31 West Group Payment Center Legal On-Line Services
Page 2
Claims No. 2000-01
Meeting 2000-01
Date: January 12, 2000
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
1094 652.75 West Tek Supply, Inc. Erosion Control Supplies
1095 204.22 Michael Williams Vehicle and Professional Dues
1096 6.28 Wolf Camera Slide Printing
1097 900.00 Roberta Wolf Recording Services
1098 200.00 Woodside&Portola Private Patrol Windy Hill Parking Lot Security
*1 Urgent Check Issued December 23, 1999
*2 Urgent Check Issued December 16, 1999
*3 Urgent Check Issued December 21, 1999
*4 Urgent Check Issued December 17, 1999
*5 Urgent Check Issued January 06, 1999
*6 Urgent Check Issued January 05, 1999
*7 Urgent Check Issued December 23, 1999
*8 Urgent Check Issued December 17, 1999
*9 Urgent Check Issued January 03, 1999
*10 Urgent Check Issued January 04, 1999
Total 136,677.79
Page 3
Regional Open Space
........................,......
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
m Britton,General Manager Fro C. I�
Date: January 12,2000
Re: FYls
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
�I
Development on Kings Mountain
The C1lmmittee to Save Skyline Open Space
At Bell 11121199
The following is an update of current and proposed development projects that will be
affecting Kings Mountain. All facts were taken directly from files at the San Mateo
County Planning Department, and are public record. It is only required that all adjoining
neighbors, and any property owners within 500 feet of a proposed project be notified. The
committee will attempt to advise the general community of future proposed projects
affecting the mountain. In many cases, permits are issued, and the project completed,
before the general public has an opportunity to comment on them.
Starting from the South, the Lodge at Skylonda is located at 16350 Skyline Blvd, in
Woodside. This facility was first approved as the Skylonda Fitness Retreat in 1991. It
envisioned 12 automobile trips per day, with patrons being transported to and from the
resort by shuttle. After a rocky start, it was taken over by the Resort Design Group in
1996. After being completely remodeled, it opened in August of 1997 as the Lodge at
Skylonda, a 16 unit retreat lodge.
An environmental document filed on September 30, 1998 tells how the use has changed.
Most clients do not use the shuttle service, but drive their cars, so the lodge now
generates about 140 trips per day. The document specifies this project to be built under a
"negative declaration." In other words, building 16 units in a grove of Redwood trees, and
increasing vehicle trips over 11 times the original proposal does not have a significant
affect on the environment. The document also acknowledges that the overflow parking
along Skyline Blvd. "interferes with access to neighbors mailboxes and detracts from the
visual quality along the designated State Scenic Corridor."
The owners have now received approval to double the size to 32 units, as they claim they
cannot make enough money with the present 16. Parking will also increase to 32 spaces.
r
trips This will now increase the traffic, (by their own figures)to 275 vehicle t ps per day, fa a cry from the original 12. Despite neighbors objections and valid arguments, the project
was approved by the Planning Commission in about 10 minutes with some menial
discussion about putting up a sign to let motorists know they were nearing the driveway.
This project is a prime example of once approved, how easily a use permit can be changed.
Rates g range from $250.00 to $435.00 P g P per night depending on your package choice. They
feature a 30 foot indoor pool, outdoor hot tube, massages, meals, and many other
activities. One travel magazine rates them among the"Top 10 Spas" in the world. How
much bigger will it get in the future?
The former DHL property located adjacent to the Cypress Ridge Horse Ranch has now
been sold to a private individual. This is a large piece of property stretching all the way
from Skyline(where the very large barn and a house are)to Higgins Canyon behind Half
Moon Bay. There has been talk with private individuals about a large home on the highest
eta
Mature redwood and Douglas fir forests,which are very unusual to find on the bay side of the Santa Cruz
Mountains, give the new Bear Creek Redwoods Open Space Preserve a unique environmental value. Successful
preservation efforts%vill ensure that these natural resources are permanently protected, thus providing future
generations with the opportunity to enjoy unspoiled open space.
The Midpeninsula Regional Open Space District,extending from the City of San Carlos to the Town of Los
Gatos,is a public agency which has preserved over 45,000 acres of diverse open space and manages 24 open space
preserves.
Funding is provided by a small share of the annual total property tax revenues collected within District
boundaries.The District permanently protects wildlife habitat,watershed,and a variety of ecosystems,restores
damaged natural resources,and provides trail improvements for passive recreational use by the public.The
District's goals are to acquire a continuous greenbelt of protected open space lands for public use and enjoyment,
and to preserve open*space for future generations to enjoy.There are approximately 20,000- 30,000 acres of land
still at risk of being lost to development within the District's planning area.
The District is divided into seven geographic wards,each represented for a four year term by an elected
Board member.The Board holds public meetings on the second and fourth Wednesdays of each month at 7:30 p.m.,
at the District offices.
point where the overgrown Christmas trees are, as well as the possibility of office
buildings along Highway 35. There are no applications in Planning as yet,but we will
advise everyone as more information becomes available.
The Russian Convent is now undergoing a supplemental Environmental Impact Review
for changes made to the project to reduce the number of density credits required. The size
of the project has actually increased, as aside from the 12000 square foot convent
building, 2400 square foot chapel, and 5150 square foot retreat,they are now including a
3000 square foot benefactor residence, and have mentioned 2500 additional square feet of
out buildings. One of the overriding reasons for the opposition, is that they are attempting
to develop Williamson Act property, in the Coastal Zone at higher than the density
allowed. They have now decided they do not want to be the first in the State of California
to contravene the Williamson Act by buying and transferring density credits.
San Mateo County Planning, about one year into the proposed project, reviewed the
scenario when the Bell property was legalized, and found in a very lengthily explanation
that the church property contained one more density credit. Two years into the project,
Don Woolfe, (a former planning director) was hired as a consultant for the convent. He
has proposed that since all of their buildings are clustered as close as possible to their
nearest neighbors, and a portion of the property has been devoted to open space, they
qualify for a density bonus if approved by the Planning Commission. Finally the most
recent discovery, 3 years into the proposal, is that if the retreat is moved 400 feet, out of
the Coastal Zone, and into the Resource Management Zone which is in the Scenic
Corridor, they do not need a density credit. Note, that this may not be valid because the
retreat, aside from housing guests for indefinite periods, will also be the permanent
residence for the priest and caretaker. This now becomes a residence and would require a
density credit. This portion of the property contains only one density credit, and they are
also proposing to build the benefactor house there.
There have been other minimal changes to the project. The footprint of the convent
building has been reduced from 140 x 140 feet to 110 x 110 feet by reducing the interior
court yard, and the whole building has been moved 5 feet to the South. The overall size of
the structure remains at 12,000 square feet, and the changes do little to reduce its visibility
from Highway 35. It is still directly on the ridge line with a sky backdrop. Caltrans has
also instructed the convent that the site distance on the present driveway is inadequate for
a facility of this nature, and the entrance must be moved to the North.
A hearing is expected to be scheduled early next year. The project planner is now Lily Toy
if you have detailed questions.
To the North, and bordering the convent, is a 1400 acre property, owned by the Zion
family from New York. (A large parcel near a major freeway between two major cities, a
prime development money making investment) This parcel also borders both Highway's
35 and 92. The property contains 14 or 15 density credits. As of this date, there are no
applications filed, but the Zion s have approached the Planning Department discussing the
possibility of building 14 or 15 "40 acre ranchettes."According to their local attorney,
Mike McKracken, they need only to apply for the permits. Because it is bordered on two
sides by existing open space, and has ridge trail potential, this would certainly be a prime
purchase for the Midpeninsula Regional Open Space District.
Finally, you may have noticed the story poles erected at Skylawn Cemetery. There were
three structures put up to depict the ends and the height of a 24000 square foot funeral
home building. (the Halfmoon Bay Review said 29000) Unfortunately the last two storms
have blown down two of them..
This building would contain two chapels capable of holding approximately 400 people,
and would essentially be a mortuary/administrative facility. It was designed-by an
architectural firm in Texas with somewhat of a Chinese theme because of the Bai Ling
Yuan portion of the cemetery. A meeting of concerned people has been held to describe
the project and they are inviting comments.
This building is in direct view of Highway 35, and it is obvious that tree screening will not
cover it up. Skylawn is a prime example of what tree screening cannot accomplish. The
Planner for this project is David Holbrook if you have detailed questions, and can be
reached at (659) 363-1837
We will try to keep everyone informed as to the status of these various proposed and
approved projects. We urge letters to San Mateo County Planning expressing your views,
and attendance at hearings where the general public is given the opportunity to comment
for or against the project. If we complacently sit by, uninvolved, there is no doubt Kings
Mountain will be developed. San Mateo County Planning is very pro development. Every
single point in the convent proposal, the Skylonda Lodge project, and the cemetery
proposal supposedly, according to San Mateo County Planning can be mitigated to an
impact of"less than significant"by very insignificant changes. This is a phrase used
throughout their project reports.
The Kings Mountain Association is currently attempting to arrange a meeting with the
Planning Department in February in which the public will be invited. Watch the Echo for
the information, as it will be a very worthwhile meeting to attend and express your views.
If you have any questions, please do not hesitate to call. I can be reached during the day at
650 591-8411, ext. 2350, or in the evening at 650 851-0746.
2 -
3PH-12-2000 12:40 PC-CF 650 962 8234 F.01
Ms Anne Draper January 7, 2000
Planning Director
County of Santa Clara Planning Office
70 West Hedding Street
San Jose CA 95110
RE:Comments on the County's Community Plan for Stanford University/General Use
Permit/EM Scoping
The Committee for Green Foothills (CGF)has a 37 year histury of being actively involved
in land use decisions that impact the foothills and is a key player in addressing Stanford
land use issues.CGF is participating in the Community Plan process and Community
Resource Group to assist with creating a sound land use plan for Stanford University. The
goal is to provide the flexibility Stanford requires to meet its academic needs while
protecting the public interest and preserving the natural beauty and quality of life of this
area.
This letter comments on the prgased Stanford University Community Plan,submitted by
Stanford on Nov. 15, 1999. This letter proposes text and pctiey changes which should be
incorporated by the County into the Community Plan, These changes should be studied in
the EIR either as the project description or as part of the alternatives.In addition,this letter
recommends specific environmental studies,related to issues raised by the Community
Plan,that need to be incorporated in the EIR analysis.
Stanford is proposing development that will increase the square footage of its campus
buildings by roughly one third in the next ten years. This is more than double what was
built in the last 12 years under the existing General Use Permit. The County needs to
decide how much growth is appropriate for this community, where it should take place and
if this is an appropriate rate of expansion.
A cornerstone of the County's General Plan vision is that of"coin;act development_-.we
should direct most of our furore girl into pmpriaM locations within existing ur n
areas.along transit corridors andl clg= to emnlo�ent centers rater ma tt a
h iW wling,
outward ' to the hillsides and rWrjJ country side."(General Plan,page A-3)
To accomplish this and create a foundation for all future University planning CGF
recommends that the following be incorporated into the Community Plan.
• A vision of Stanford's complete build out potential needs to be established along with
an ultimate boundary for urban development.
• A clustering concept should be applied:o all of Stanford.';land in unincorporated Santa
Clara County,allocating development to the urban,core campus in exchange for open
space preservation for the rural hillsides and agricultural;ands,
• Tools for preservation beyond land use designations and zoning,such as conservation
easements, should be identified and a commitment made to their implementation.
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JAN-12-2000 12:41 PCCF 650 962 8234 P.02
Committee for Green ,thins
Stanford University Community Plan
January 12, 2000
Page 2
CGF has thoroughly reviewed Stanford's application and believes the following elements
are important to produce a sound,balanced plan that provides natural resource protection.
f
I. Ultimate Vision for Stanford Lute
• The County's Community Plan for Stanford must establish definable
limits for the University's growth. The plan must contain a clear ultimate
vision for Stanford lands reflecting a consensus of the County,the community and
the University. Without this vision it is impossible to determine whether the
amount and type of development Stanford is requesting is appropriate. The County
must come up with a clear list of development parameters that address the unique
situation of Stanford while adhering to the County's goals of resource
conservation.
• The County's Community Plan for Stanford must define ultimate
carrying capacity and development potential for Stanford University.
The purpose of General Plans is to provide projections of carrying capacity and an
Ultimate development vision. The County must determine whether'this is going to
be a more intense urban campus,a lower density campus or a sprawling campus
that will one-day cover the foothills. This vision must be established now in light_
of the expansive growth Stanford has proposed. The County's vision should be
defined in the Community Plan and studied in the EUL
H. Academic GrogIh BQundary fAGB)
• It should not be considered inevitable that the AGB would expand
over time. Incorporate language in the Community Plan which establishes the
AGB as permanent. This is necessary to create an incentive to encourage increased
development density and create efficient land use. A soft AGB that assumes
expansion every 10 years does not promote compact development,because it does
not require Stamford to focus its long-term development on the core campus in the
most efficient manner.
• The AGB should be along the existing Urban Service Area and
should not be extended south of Junipere Serra Blvd. The existing
structures outside the USA are decades old,predate current zoning standards,and
should not be used as justification to urbanize-the foothills.
Stanford has acknowledged that this pattern of develr t is t for F P�
best o them.
M392=e has shown that mademir.dcpan=nts at Stanford thrive when SMIUssl
tozether-the t xh
F s oo ' RegM is noteulAlly,suited for,.Vace needs of me academic
dep ments_ These paid&are more likoly to be met by in filling .central gaMs
b =dcyrJQRing reg}2gs such as Jordan Quad and the Near Wcst
CmDus. This is consistent with the Uni ity's gat to kk=a c,omDact campus
core_„ (Foothills Region Plan,Phase; 1,Stanford Planning Office,August 1987
Page 21 Section 5. User Characteristics and Needs)
JPN-12-000 12:42 PCCF 650 962 9234 P.03
Committee for Green _jothills
Stanford University Community Plan
January 12, 2000
Page 3
III. Land Use
• The County needs to thoroughly analyze all of the options availale
b
and identify a mechanism to protect the contiguous open space south
of Junipero Serra Blvd. Colony General Plan Policy R-RC(i) 18 E,� Ip ore the
use of acgWsition.conservation easements.or cluster-develomment iedic t;M
p enis wherever f acible tea maximize contigWjy of origin P '
• Under the Community Plan Process, the County should look at all of
Stanford's land in unincorporated Santa Clara County as a single
entity, and apply the concept of clustered development creating an
extensive cluster for the urban campus of the University. This would
allow an appropriate exchange between the urban unincorporated area,the existing
core campus,and the rural open space lands. The County could grant development
rights at a higher level of intensity in the core campus area,in exchange for the land
south of Junipero Sena Blvd. to be dedicated as open space. This would leave
roughly 44%of Stanford's land in in'ban unincorporated Santa Clara County to
contain development,while preserving roughly 56%of the rural land. This is
similar to policy applied to Stanford's land in Portola Valley's jurisdiction,allowing
15 percent of the land to be developed,while 85 perci.nt must remain as permanent
open space.
The County General Plan policies provide the mechamism for clustering urban
development on the core campus and preserving open space. County Policy R-RC
51 states that when dealing with "rural
staace dedication auirema=and 9di=nt to other DR, =;;. ft Qu=
shall cum=Droject dMign which maximizes the contigllily of�?rtdevelon�
oven space areas.reducing fro "
• The County's Community Plan for Stanford's land needs to be
consistent with County goals and policies for foothill, agriculture
and open space protection. Stanford, like other landowners in the County,
should be required to protect the foothills and agricultural land in exchange for the
development that has occurred and will continue to ox:cur.
• The Community Plan trust provide a more detailed description of
appropriate uses for each land use designation. Stanford's proposed plan
does not clearly define allowable uses.This is necessary as the proposed land use
designations should be studied in the EIR at this time
I V. Zoning Level of finprX
• In March of 1999 the Board of Supervisors directed f tanford to provide a zoning
level of specificity in Stanford's Community Plan. This level of specificity
should be developed at this time for the EIR to adequately assess the
implications of the proposed zoning changeL.
JAN-12-2000 12:42 PCCF 650 962 8234 P.04
Committee for Gret. .oothills
Stanford University Community Plan
January 12, 2000
Page 4
V.
Stanford has been allowed to develop roughly 11,930,300 square feet of building
space(1989 EIR Land Use Section page 3-28)on its unincorporated lands. To
date, the Cowry has not required any long-term dedication of open space to offset
the cumulative impacts of this development. Because once development occurs it is
reasonably considered permanent,Committee for Green Foothills urges the County
to achieve permanent dedication of open space.
• A clear protection mechanism should be identified for Special
Conservation Areas and Open Space. The County needs to thoroughly
analyze all of the options available and identify a mechanism to protect the
contiguous open space south of Junipero Sena Blvd.,County General Plan Policy
R-RC(i) 18 "Explore th cp of acn tic t;nn mnservatien WSnrc or Cluster
sdevelonment dediccation rea M,t n s wh=yer feasible to m isr f
�1?en SAg
• Open Space and Academic Reserve should he separately defined land
use designations in the County's Community Plan for Stanford. The
existing and proposed land use designation of Open Space/Academic Reserve is
ina'ppropriatc and vague. These am two separate land use designations and should
be treated as such.
• Academic Reserve should only be applied to the core campus
area. Because of the amount of unused and underdeveloped land in and
around the core campus,there is no demonstrated need to keep the foothills
area"on hold"for academic use. There is sufficient open land and
underutilized land to provide opportunities for growth,development.and
change for Stanford to meet its varying academic needs.
The land south of .iunipero Serra Blvd. and Foothill
Expressway should be designated as Open Space and Special
Conservation Areas. Special Conservation Areas should be defined as
areas with no development and Open Space a-eas should allow extremely
limited field research or limited agricultural u.,es.
• The County's Community Plan should show consistency with the
City of Palo Alto's General Plan Policy to Protect Open Space.
Palo Alto's Comprehensive Plan D fleets the commiMVnt to protecting open space
when it states. "Presern the fwthill
t lr
�L�a in
(Palo Alto Comprehensive Plan Policy N-4)
• The Campus Open Space designation should be expanded to include
wetlands, sensitive habitat and archeological sites that need
protection.
• The campus lands that Were set aside as part of the Sand Hill Road
development project require clear designation on the campus land
map. There is an agreement between the City of Palo Alto and Stanford that limits
JAN-12-2000 12:43 PCCF 650 962 8234 P.05
Committee for Green —,othills
Stanford University Community Plan
January 12. 2000
Page S
139 acres(Special Condition Area E)until December 31,2020 from any
development aside from academic and recreational fields and one small area for
housing. This is in exchange for development that is occurring at Stanford West.
Stanford's Community Plan rasp does not designate this agreement and shows this
area as part of the academic campus.implying that it can be developed.
V I. Heseurce Conservation
• The County's Community Plan for Stanford's land needs to address
connectivity of open space within all of Stanford's land and in
relation to surrounding open space areas, such as Jasper Ridge,
Arastradero Preserve, Foothill Park, etc. The County General Plan
section: Maintaining Wildlife Migration Corridors and Habitat Linkages,Page 0-
30,Policy R-RC 51,states"Preservation of habitat linkagrs and migration
allowcorridors should be encou]A&Cd where MjdW to migmtion.
p=nt Xmies isolation_and otherwise cam=sate for the effects of habitat
Connectivity provides valuable wildYe corridors for species to move between open
space areas,allowing for more habitat and more stabl-.populations of species.
• A complete mapping of environmentally sensitive areas including
habitats, habitat linkages and migration corridors should be included
in the plan. This is needed to identify areas that should be designated as Special
Conservation areas. County General Plan Policy R-RC(i) 17 "Utilize updated
mpg ng and information on natural acres al3d habitats to identify and acsecs the
potential nW f_o_rmaintaining migration rgpddozs and—habitat—linkages."
• Special Conservation Areas should be expanded to include habitat for
all endangered, threatened and species of special concern as well as
archeological sites, viewsheds, ridgelines, watersheds, trails and
open space. The Community Plan should clearly Iirt and describe all endangered
threatened and species of special concern and should provide a map of all their
habitat requirements. All identified habitat should be included under the Special
Conservation Area land use designation.
The narrow riparian corridors piRoc•sed in the plan dr not adequately address the
habitat needs of several species. For example,the red legged frog travels up to one
mile away from waterways in the dry season and is located along Mamdero Creek.
The California Tiger salamander(CTS)habitat is all.around lake Lagunita and
extends onto the core campus and into the foothills. The proposed expansion of the
core campus area directly into CI'S habitat.
�P � Y
The EIR should iden '�Y,stud and the existing:iabitat boundaries,the
Y map 8
adequacy of this habitat and the habitat linkages for all species which are
endangered,threatened and/or of species of special concern.
• Special Conservation Areas (E-SA SC)should not be a sub
designation of Open Space/Academic Reserve. It should be a separate
land use designation.
Ji4i-12-2000 12:44 P C C F G50 962 8234 P.OG
Committee for Green .,jothills
Stanford University Community Plan
January 12, 2000
Page 6
• The County should establish a performance standard of no net
increase in peak flows in San Francisquito and Matadere Creeks. To
the extent that future development increases itupeMous surface area and run-off in
San Francisquito Creek and Matadero Creek,adequate mitigation measures need to
be in place. Neither San Francisquito nor Matadero Meek currently meet FEMA
standards for the 100-year flood.
• The EIR should study all available techniques to determine a method
that will most effectively meet the standard of no net increase In peak
flows. One technique for mitigating increased runoff is the use of retention
basins. The Santa Clara Valley Water District has approached Stanford regarding
the creation of a retention basin near the intersection of Foothill Kill Expressway
and Page Mill Road. This area is also known to prcrvide habitat for the red legged
frog,and a retention basin may provide valuable habitat as Mitigation for
development elsewhere on the campus.
County General Plan Policy R-RC 53(Page 0-3 1)sti-tes'!Restoration gLhIW=
AW�Uld be encourazed aad utilized wherever feasible- M=dally in gAM whem
hab► fl n1.waMr quality—or other g1dCO:ns can—
succejj6 IV Cambintd."
• The County should establish a performance standard of no net
increase in water use, and should require water conservation
measures as well as the use of recycled water for landscaping and
athletic fields on the Stanford Campus. County General.Plan Policy C-RC
13 Page H-9 states "Use of reclaimed waste water for and other uses
indUdMe Mmund water zgbarg
dMMjQDjd to-the maxim if adMmately=aMd, should bt Momgm and
W&J ." The EIR should study the need for
any additional water use on campus required to support the proposed square
footage of development,and should propose methods ED meet this performance
standard.Existing water usage should be analyzed to deterruine what percentage is
used for landscaping and athletic fields.
Recycled water should be used for campus landscaping and athletic fields. The city
of Palo Alto has approached Stanford in the past and has been willing to provide
water for their landscaping needs. This would save fish water for streams and is
consistent with County General Plan policies.
• A Habitat Preservation Plan ftir all sensitive habitats and species,
rather than a Habitat Conservation Plan, should be completed and
included as part of, not after, the adoption of the Community Plan.
A Habitat Conservation Plan allows for the destruction of up to 13%of the total
population of sensitive species. The County should establish a goal of no taking of
species as pan of this development proposal. A Habitat Preservation Plan should
be evaluated in the biological resource section of the EIP,
• The County's Plan should incorporate a section called energy
conservation, and a commitment should be made to reducing energy
consumption. The Plan should promote energy conservation performance
standards for both existing and new structures. The Plan should promote the use of
JAH-12-2000 12:44 PCCF 65.0 962 9234 P.07
Committee for Green roothills
Stanford University Community P<a:i
January 12, 2000
Page 7
renewable energy sources that art ion-polluting,reduce was
te and utilize products. Encourage designs that utilize solar. PrornOte recycling andwad died
conservation with conservation devices and the use of recycled water.Many of
these ideas are laid out in Mann County's 1997 Community plan for San Geronimo
Valley in the Environmental Resource section page I11-18.
• The Bay to Foothills trail proposed in Palo Alto's Comprehensive
plan (Program T-ZS) needs to be incorporated in the Community
Plan. This could be implemented as a mitigation WAASure for increased traffic and
should be evaluated in the EIR.
V I I. >; 9a EcLUI etive
• The County should direct Stanford to produce infom4tion commensurate with the
comprehensive information provided in the 1980 Stanford Law Use,plant
Suppieuxnt and use this as a baseline from which to make planning decisions from
regional Perspective.This comprehensive information should be updated on a
regular basis to provide a current context to assist with County planning decisions.
VIII. A411H (Pertains to GUP)
' The County should expand Stanford's annual report to include total
figures on employment, open space acreage, housing units by type
(i.e. residential and dorm rooms), jobs, traffic trips, non-residential
square footage and residential square footage, etc. for all of its land,
in and out of Santa Clara Country. This information is necessary to provide
sufficietit context for planning decisions.
I X. IndeRtndent Mollitoring(Pertains to GUP)
A mechanism needs to be established for independent monitoring of
permit conditions, mitigations, square footage, and population.
Stanford's annual report on its GUP should include a spec suction containing
conclusions from independent monitors.
X ' r Nonconiplilnce (Pertains to JUP)
• Clear consequences for non-compliance need to be defined and
Incorporated into the language of use permit. and mitigation
measures. County staffs recommendation for independent monitoring will be
rendered near nieanin ess if conse uences for� o non
q like are not clearly
leer!
specified as conditions off use permits and mitigation measures. In the past when
Stanford has been found and in noncompliance with a condition of a use little
County. Non-compliance should
recourse has been available to the Pub
be subject to
ar
cle consequences,
X I' Ongaing 0 isuryl (pertains to GUP)
• The magnitude of this project involves a campus larger than 4 other cities in the
County,and will require monitoring and enforcement beyond standard County
efforts. Since this is not one discrete development decision,management of
341-12-2000 12:45
RCCF 650 962 e234 P.OG
Committee for Green . thilig
Stanford University Community Plaa
January 12, 2000
Page 8
Stanforifs land will require that an extensive number if conditions of approval and
mitigations measures be applied and reapplied over the life of this general use
permit. An appointed Advisory Committee managed by the County could assist the
County in providing additional oversight on mitigation measures,permit conditions
and annual reporting and could facilitate public participation on an ongoing basis.
XII. The Community plan 2s a Elanning Document
The Stanford Community Plan lacks adequate background information,discussion
of issues and rationale for the proposed policies. The polices are unclear and weak,
and the implementation measures are vague or nonexistent The Plan as it stands
now is inadequate in both form and content. Strong and clear policy language
followed by precise implementation measures must be incorporated into the plan.
0 The document must be rewritten to reflect the interests of the
County. This will become put of the County's General Plan to be adopted and
implemented by the County it should be prepared and written to reflect the Coutity's
values and not those of a private land holder/developer.
* Each section should have a statement of the outstanding issues and
an objective discussion of the trade offs, options, and conflicting
interests. This would ensure that the issues are clearly presented for the current
reader and future staff,Planning Cmurnission and applicant to understand. Most
importantly each section then should have a detailed explanation,discussion,and
rationale for the conclusions made with regard to each issue. This is essential.
There is no way future staffs mid Planning Commissions b able to interpret
will e in crpre
and implement policies unless the rationale and explanation for them appear in the
plan.
0 There should be an evaluation of existing programs and policies,
their current effectiveness or lack thereof and what new programs or
approaches should be pursued.
• There should be more detailed color maps providing a greater level of
specificity and clarity for easier interpretation.
XIII. There -should he cneciGe IAngllatFe in the C2untX's Communitl Plan
for Stanford that identi areas that are ofnatural/scenic Xjklue and
shoUld be Arotected.
. The "dish" area is very popular for public recreation and is used by
hundreds of people every day. Having open space available'close to cities
is essential to community well being. This area also contains invaluable scenic
viewsheds that are essential to the character of this&v.L
9 Coyote Hill area along Paggt Mill road defines the limit of urban
development for Palo Alto and Stanford and includes valuable
habitat for the red legged frog along Matadero Creek.
Jana-12-2000 12:ah PCt F G50 9G2 8234 P.09
Committee for Green roothills
Stanford University Community Plan
January 12, 2000
Page 9
• The Felt Lake area was designated the number 10 priority for
preservation in the County, out of 61 sites studied. (page IV-10, 2020
Open Space Preservation: A prograrn for Santa Clara County).
• Jasper Ridge Biological Preserve is a valuable asset to the
University and to the region. Stanford designated this area as an academic.
preserve in the early 1970's. However,its current zoning would allow the
creation of one to five acre residential estates. This zoning is inconsistent and
should be amended to fit the function of the land as a preserve.
• The County should reinstate the Scenic Highway designation for
the Highway 280 corridor along Stanford's land. A determination
should be made as to whether this section of 280 would be so designated,as is
the portion of Highway 280 in San Mateo County.
• Junipero Serra Blvd. Is a scenic roadway and special considerations
should be made to protect this viewshed.
All of these areas should be studied in Lire EIR along with the rest of Stanford's land to
determine which areas should be preserved. Language should be incorporated into the
Community Plan identifying areas for protection and providing a clear mechanism to do
SO.
XIV. The EIR shoUld describe and mail e*11fing land-uses fgr 211
Stauford's land. not Just thoge in nninenr.+o. ro-+ cam..«,a Clara
County-
All
All of Stanford's land should be studied so that a true cumulative analysis can be
done. The existing development in San Mateo,Palo Alto,Menlo Park,Portola
Valley and Woodside should all be presented.
Committee for Green Foothills views all of the above charges as essential in creating a
sound Community Plan.We request that the County incorporate our recommended
changes into its Community Plan for Stanford at this time. This is necessary to
establish these changes as part of the project description to be studied by the EIR. This
is a critical time in the Community Plan process. The full mpe of the project needs to
be clearly defined at this point so that all tmportarn elements can be incorporated into the
EIR analysis. It will become much more difficult to matte appropriate changes after the
EIR is Iete. If components ponents of our recommendations acre not included in the project
description,we request that an p Ze+Q EIR alternative be
developed which reflects the specific
changes recommended in the Academic Growth Boundary,Land Use,open Space
Preservation, and Resource Conservatior sections of this 1Ltter.
Thank you for your consideration,
i
Deilice Dade
Legislative Advocate
Committee for Green Foothills
JPH-12-2000 12:46 PCCF 650 962 8234 P. 10
Committee for Green ithills
Stanford University Commllnity Plan
January 12, 2000
Page 10
cc. Santa Clara County Board of Suptxvisors
Santa Clara County Planning Commission
i Hugh Graham,Sates Clara County Principle Plann�x
Sarah Jones,Santa Clara County Planner
MaYOr and City Council of Palo Alto
Ed Gawf,Director of Planning,City of Palo Alto
Mayon'and City Council of Menlo Park
Jan Dolan,Menlo Park City Manager
Mayor and City Council,Town of Portola Valley
Mayor and City Council,Town of Woodside
Andy Coe,Government and Community Relations itattford
Craig Britton,General Manager of MidPenninsula Regional Open Space District
Regional Open lace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
January 10, 2000
TO: President Cyr and Board Members
FROM: Susan Schectman, General Counselfti
DATE: January 10, 2000
SUBJECT: Adoption of District Policy of Annexation Without the Power of Eminent Domain
After your meeting of November 10, 1999,the MROSD Board voted to adopt a policy that any
District acquisition of property on the Coastside be from willing sellers only, without the use of
eminent domain. The Board also directed legal counsel to research and develop the process for
ensuring that this policy is secure and permanent, such as through the LAFCO process.
Staff has begun working on the Board's direction to do this. Attached you'll find a letter from
me to Michael Murphy, Chief Deputy County Counsel for San Mateo County proposing that the
Board's eminent domain policy be made part of its Resolution of Application for annexation to
LAFCO, as well as part of its require LAFCO Service Plan. Further, the Board would also adopt
this policy as a binding ordinance of the District.
The attached letter from Mr. Murphy confirms that this proposal is acceptable to the County.
I understand that at a recent LAFCO meeting, a question was raised about a separate issue:
namely, what would be the enforcement means in the unlikely event that after the District adopts
a willing-seller only eminent domain policy, submits it to LAFCO for approval, and adopts it as
its own binding ordinance, it were to violate its policy in some way.
A preliminary response is that the remedy would be through the courts. Whenever an agency is
alleged to have violated any law or procedure, recourse is through the courts. This would be true
whether the law violated was the Constitution, a statute or an ordinance.
I understand that LAFCO apparently does not wish to be the enforcement arm in such an
unlikely circumstance, as LAFCO apparently does not view this as its appropriate role. I cannot
speak for LAFCO, but there would always be an available legal remedy through the courts.
For example,judicial review of most agency decisions is obtained by a procedure for a writ of
mandate. This procedure focuses on whether an agency has done something which amounts to
i 3O 1')1s,I(d Cir( le + [o Alto ,, (A 940"-1404 • Phone:Ilk 63t7-6)i-! 'i tii r
I A\ (60-691-048-) . E-mail iiiro,sd vopen�pacc.ory; . b1"(,b"ite: 4eti.opelicp,icc.org
3n. r'rl n!f kn trsr Prig Sn nen . t.ir ( f 7,tF It<1( r. 17 ,one 1 Wh, \,)nedt(,11,mkl ), (10,v ( a%,A(�t Kenneth( _ .t<<nc i.rl
President Cyr and Board iviembers
January 10, 2000
Page 2
an abuse of discretion. Abuse of discretion is generally shown where an agency does not proceed
in a manner authorized by law. This includes a failure to follow its own ordinances or policies.
Furthermore, in the unlikely event the District were to try to condemn property in violation of its
own adopted policy on eminent domain, a property owner could get an award of attorneys' fees
against the District if either the owner shows that the District had no legal right to condemn, or if
the District were to dismiss the proceedings on its own.
I intend to continue to work closely with County Counsel throughout the annexation process to
make sure that the District's eminent domain policy meets all the goals of the Board and the
Coastal Advisory Committee, and Mr. Murphy has pledged to work cooperatively with me
throughout this process. As we go through this process, I will keep the Board informed as to this
issue, and will work with County Counsel to follow the procedures outlined in the attached
letters.
Encl. (as noted above)
0 DEPUTIES
MARY M.Asi-
JCHN C.BEERS
OEBORAJ+PENNY BENNETT
COUNTYCOUNSEL BRENCA B.CARLSCN
T,-iCMAs F CASEY I I ID=n ST:-',--N L.DYLINA
PETER K.FINCK
BE7- 1-4&';ON FREEMAN
CHIEF DEPUTIES PORTOR GCLTZ
LEIGH HERMAN
CHRISTINE E. MOTLEY COUNTY COUNSEL MILTON H.MARES
MICHAEL R MURPHY COUNT'OF SAN NLATEO KMBEqLy A.MARLOW
MIGUEL A.MARQUEZ
HALL OF JUSTICE AND RECORDS-THIRD FLOOR JOHN J.WGUIRE
400 COUNTY CENTER-RECW000 CITY, CA 94063-1662 MARY K.RAFTERY
TELEPHONE (650)363-4250-FACSIMILE ('550)363-4034 MIRUNI SOOSAJPLLAJ
V.RAYIVIONO SWOPE III
A.T
Please respond to: (650) 363-4 762 LEE CAROL L.WoccwAHomPSON
po
December 2, 1999
Susan M. Schectman, Esquire
Midpeninsula Regional Open Space District
330 Distel Circle DEC
Los Altos, CA 94022-1404
RE: NIROSD Coastal Advisory Committee
Dear Susan:
We have received and reviewed your letter of November 3, 1999, regarding the proposed
annexation by Midpeninsula Regional Open Space District ("\IROSD") of areas of the San Mateo
County coast. You have asked whether this office, as counsel for the San Mateo County Local
Agency Formation Commission ("LAFCo"), sees any legal impediment to the inclusion by
MROSD, in any proposal and service plan it might submit to LAFCo, of an MROSD policy
addressing the use of eminent domain in the area to be annexed. There is nothing in the Cortese-
Knox Local Government Reorganization Act of 1985, Government Code section 56000, et seq.,
or any other law regulating the consideration of annexation proposals by LAFCo, that would
preclude inclusion of such a policy as part of your proposal and service plan. Additionally, we are
not aware of any law that would preclude inclusion of a statement of\IROSD's eminent domain
policies in MRO'SD's resolution.
Please call me if you have an-v questions
TFIONIAS F CASEY, 111. COUNTY COUNSEL
13�,
,vfichael P. %lur-phy, Chief Deputy
TFC 14P,vt/mw
cc Supervisor Richard Gordon
Martha N1. Poyatos, LAFCo
Carol L Woodward, Deputy County Counsel
L CLIEN'I'P—DEPTS PARKS REC'J-LrSusan
I W
Regional Open r -ace
16tIDPENINS1,LA REGIONAL OPEN SP\CE D.
November 3, 1999
Michael P. Murphy,
Chief Deputy County Counsel
County of San Mateo
400 County Government Center
Redwood City, CA 94063
Re: MROSD Coastal Advisory Committee
Dear Mr. Murphy:
The Board of Directors of the MROSD has formed a Coastal Advisory Committee, chaired by
Supervisor Gordon, for the purpose of reviewing and recommending revisions to District policies
as they may relate to the San Mateo County coast, in the event that area were annexed to the
District. One of the principle policies the Committee has discussed is whether and under what
circumstances the District might exercise its power of eminent domain in any annexed area.
The District Board will soon be considering the Committee's recommendations on this and other
policies. Some Committee members have requested that the District insure that any eminent
domain policy which may be adopted reflects a secure cornrnitment on the Board's part to make
the policy permanent.
Under its own enabling law, the District has the authority to adopt formal ordinances setting out
its own binding policies. Pub. Res. Code Section 5547. However, some Committee members
may wish to see the District take additional steps to reflect the Board's intent that its eminent
domain policy is binding and not intended to be amended.
The District would like to explore whether such a policy could be made part of any annexation
proposal the District may submit to San Mateo County LAFCO. The purpose of this letter is to
describe a conceptual plan for accomplishing this and to get your agreement, at least in concept,
that such an approach would be legally acceptable to your office.
Conceptual Plan
District Er. inent Domain Policies to Be A^c'.ied It I.�:: the .fin^iced .� ea Can Be r a~ of
t�-:e District's Service Plan Required by Go-,err.nient Ccde Section 56653 '
Whenever an agency such as the District submits a resolution of application to LAFCO
for an annexation, the agency must submit a Service Plan. The Plan must describe the nature,
level and range of services to be extended to the affected temtory, as well as " .. other
All references are to the Government Code unless othemise noted.
. .,'. —ti .,7 • C—,. ,. ":1 ff 37il J,G st.'.r."' _. x � ., _. r .. .. . _ _
Michael P. Murphy
November 3, 1999
Page 2
conditions the local agency would impose or rewire within the affected territory..." if the
annexation is completed. Section 56653.
My reading of that section indicates that the District itself could determine to include and
discuss its relevant eminent domain policy in its LAFCO Service Plan, either as part of its
description of its services or as a condition the District would require or impose within the
affected territorw.2
2. The District's Eminent Domain Policies Can Be Part of Its Proposal Which is Submitted
To LAFCO for Approval.
If annexation proceeds, the District will submit a formal proposal which will include a
statement of intention by resolution proposing the annexation. Section 56069. LAFCO has the'
power to approve or disapprove such "actual and specific proposals which are presented to it for
its consideration." Section 56375. Tillie Lewis Foods, Inc. v. City of Pittsburg (1975) 52 Cal.
App. 3d 983, 1004. LAFCO can approve or disapprove a proposal, so long as the general nature
of the proposal is not changed. Fallbrook Sanitary District v. San Diego LAFCO (1989) 208
Cal. App. 3d 753, 760. LAFCO adopts a resolution approving or disapproving the proposal.
Section 56851. This resolution can make any determination authorized by Section 56375.
The Board could determine that an eminent domain policy could be germane to an
annexation proposal for an area containing agricultural land. Protection of agricultural land is an
appropriate factor for LAFCO to consider. Section 56841 (e); McBail & Co. v. Solano County
LAFCO (1998) 62 Cal. App. 4u' 1223, 1229 fn. 6. If the District were to determine, for instance,
that a certain eminent domain policy were required to maintain the"physical and economic
integrity of agricultural lands," or to address "social and economic interests," this would be
germane to discuss in either a Proposal or a Service Plan. Such a discussion and policy could
also be germane to a discussion of the financial feasibility of the plan and proposal, as the cost of
land acquisition methods and services to be provided will vary depending on which acquisition
tool is used by the District (e.g., condemnation of a fee title vs. purchase of an agricultural
easement). Such policies may also be appropriate factors to consider if included in comments of
any affected local agency. Section 56841(0. This approach also accords with the liberal
construction to be accorded the LAFCO statute to effectuate its purposes, among which is the
preservation ofagricultural land and open space. Sections 56300 and 56377. The District can
articulate a rational connection in its Play. and Proposal between its policies and the
purposes of L-AFCO. McBa:i at 13,-
A"sen-ice" means a class of"functions." Se;.tion 56074 A"function" is am power granted by law to provide a
designated government ser,,lces. Section 560-i0. The Distn:z's enabling lark grants the District the power to plan,
manage and maintain a system of natural areas, open space preserves and trails, and to acquire land,or rights in
land, such as open space easements. Pub. Res, Code Section 5540. The District may use eminent domain to
accomplish these purposes. Pub. Res. Code Section 55.12. Thus, it is reasonable that exercise of this power is a
"function"of the District that could be described in a Ser.«e Plan. It is also a condition that die District Board
could describe as required in the affected territon.
Michael P. Murphy
November 3, 1999
Page 3
You've expressed concerns about whether LAFCO could lawfully unilaterally force upon
the District a condition that the District adopt a certain eminent domain policy in any annexation
area. However, under this concept, LAFCO would not be imposing a restriction on the District.
The District itself as an applicant would be setting forth its own land acquisition and preservation
policies and functions in its own Service Plan and Proposal and then asking LAFCO to review
and approve its Proposal. I see no legal impediment to this approach. This approach would
integrate the District's policies into the annexation process, thereby thoroughly institutionalizing
such policies in a way that may be more acceptable to Committee members and the public and
creating the secure commitment desired.
3. The District Can Incorporate Its Eminent Domain Policies Into Its Resolution As the
Conducting, Authority
Lastly, after an annexation is initially approved by LAFCO, the annexation must then be
approved after further public hearings held by the District as the LAFCO Conducting Authority.
Section 57000 et seq. Section 57082 provides that the resolution of the Conducting Authority
can encompass any "matters which the conducting authority deems material." Section 57082(i).
See also Malibu Committee for Incorporation v Los Angeles County Board of Supervisors
(1990) 222 Cal. App. 3d 397, 408 fn. 6 (a conducting authority is not merely ministerial and can
include relevant material not inconsistent with LAFCO's determinations). Thus when this matter
comes back to the Board, it can adopt its eminent domain policy via its resolution and re-assert
its binding commitment to that police.
While your office can make no commitment as to whether LAFCO would or would not
approve any particular District annexation proposal, I would appreciate your confirming that this
general approach is legally acceptable, in concept, to your office, so that when and if the District
Board determines to prepare its LAFCO documents, it can be in a position to move in a direction
that we both feel is likel% to be ftaly acceptable.
I thank you verb i..uch for ,our cooperation.
Very truly yours,
Susan M. Sch:-.,man
General COL---,.-'
Sl1S:jep
CC Supervisor Richard Gordon
Board of Directors, MROSD
L. Craig Britton, General Manager
II
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To Board of Directors
0
From: C.Britton,General Manager 1.
Date: January 7,2000
Re: FYIs
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site: vmw.openspace.org
Regional Open lace
t
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 15, 1999
The Honorable William Jefferson Clinton
President of the United States
The White House
Washington, DC 20500
Dear Mr. President:
Thank you for your leadership in securing additional funding this year for the Land and Water Conservation
Fund (LWCF) and other natural heritage programs through your"Lands Legacy Initiative."
For more than 35 years, LWCF has been an American success story, responsible for nearly seven million acres
of parkland, refuges, trails, and open spaces and the development of more than 37,000 state parks and
community recreation projects such as baseball and soccer fields. Together with its companion programs, the
Urban Park and Recreation Recovery program and Historic Preservation Fund, LWCF has been the foundation
for protecting our nation's parks and natural heritage at the federal, state and local levels.
The broad, bipartisan support that LWCF and other"Lands Legacy"programs have received reflects the
diversity and depth of public support for revitalization a federal partnership for parks and open space protection.
This year alone, more than 200 positive editorials in the nation's leading newspapers and thousands of
declarations of support from every state and the District of Columbia were generated on behalf of full and
permanent LWCF funding. From Maine to Hawaii, governors, mayors, county leaders, park and recreation
associations, conservation and historic preservation organizations, wildlife advocates, sporting goods and
outdoor recreation industries, youth sports groups, and business leaders have come together to rally on behalf of
the fund.
Now, it is time to build upon this national consensus and fully implement the "Lands Legacy Initiative"by
including full and permanent funding for the Land and Water Conservation Fund as a top priority on your 2000
agenda.
As you bring the Presidency of the United States into the new Millennium, you have a rare opportunity to keep
the promise made more than three decades ago to the American people to make the Land and Water
Conservation Fund full and permanent. In the coming year, your public commitment to revitalize the fund can
make it a reality and ensure that the children of the 21st Century inherit the quality of life that they deserve.
Sincerely,
Jed-Cyr, President
Board of Directors
JC/tsh
cc: MROSD Board of Directors
Pate`Su � til.irt( _ 17,t�F•� a��i( �r !)� .nr 1;11 nx°Itr tiank,>.11(t,v dec K��nn,,Ih t Ait in R it1�
Rqglonal Open .1 . ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Memorandum
December 17, 1999
To: Craig Britton, General Manager
From: Paul McKowan, Volunteer Coordinator
Subject: Dog Activity Information for Windy Hill Open Space Preserve
Attachments: 1998-99 Volunteer Trail Patrol Report on Dog Activity at Windy Hill
1997-98 Windy Hill Trail Census
October 1999 PADS Windy Hill Education Station Report
At the November 18,1998 Board meeting, members of the Board requested the volunteer program to
continue its dog activity monitoring program at Windy Hill Open Space Preserve for an additional year.
This project was conducted through the District's Volunteer Trail Patrol program. From December 1,
1998 through November 30, 1999, members were advised to report all dog activity observed while
patrolling this preserve, including dogs both on-and off-leash, and dog use activity in prohibited areas.
The Board agreed that dog waste information would not be gathered for this project as it was for the
1997-98 trail census program.
Two reports are attached for your review: the 1998-99 Volunteer Trail Patrol Report on Dog Activity at
Windy Hill (Attachment A), and the 1997-98 Windy Hill Trail Census Results (Attachment B). Listed below
is a comparison chart of the two studies:
1998-99 Trail 1997-98 Trail
Description Patrol Report Census Report
Program Duration 1 year 1 year
Total Volunteer Hours 111 505
Total Dogs Observed 169 364
Total Dogs On-leash 104 246
%of Dogs On-leash 62% 68%
Total Dogs Off-leash 65 118
%of Dogs Off-leash 38% 32%
Total Dogs in a Prohibited Area 2 3
% of Dogs in a Prohibited Area 1% <1%
In addition, members of the District's Planning Program and I met twice with representatives from
Peninsula Access for Dogs (PADS)to discuss dog-related issues, relay information regarding incidents
on the preserves, and organize education stations at various preserves.
The objective of these education stations is to make visitor contact for the purposes of education and
raising awareness of the need for compliance with regulations. The PADS information stations are not
intended to monitor specific numbers of visitors or compile statistics on the levels of compliance with
leash or other regulations. The information stations take place in or near the parking area, not on the trails
themselves, in order to concentrate on making the maximum number of visitor contacts for the purpose of
education.
;30 Distel Circle - I os Altos, CA 94022-1404 - Phone: 0'i0-691-1200 r�r
FAX:650-691-0485 - E-mail: mrosd((�openspa(e.org - Weh site:www.openspa(C.oI'll
Beard of Oirectors Pete Siemens,Mary( . Davey,Jed(vr, Deane Little,Nonette Hanko,Bow 0owder, Kenneth C. Nitr m Gc^nerat Al,rn iE ci L Crmg Bnfl(m
Regional Open '. ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PADS staffed three stations this year; two at Fremont Older and one at Windy Hill. Their October Windy
Hill report is attached for your review as Attachment C (previous reports were included in past Board FYI
packets). PADS members have also been receptive and helpful in regard to dog related incidents and
information that we have forwarded to them (i.e., cleaning up the Blue Oak Trail at Pulgas Ridge Open
Space Preserve within 3-4 days of receiving notification of a waste problem).
Director Crowder has asked staff to request that PADS provide some additional information as part of
their summary reports on information stations. These additions include formatting reports for easier
review, more specific information on hours of staffing tables, and statistical information on compliance.
With the understanding that this was to be a one-year period of educational efforts, not monitoring, staff
has requested that PADS continue providing periodic information stations and provide a schedule of such
stations if feasible. Additionally, staff has forwarded Director Crowder's suggestions to PADS.
Abchmerd A
Regional Open 3ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Volunteer Trail Patrol
1998-99 Report on Dog Activity at Windy Hill Open Space Preserve
December 1998 — November 1999
*Total Volunteer Hours:.......................... 111
*Total Trail Patrol Reports:.......................45
Total Dogs Observed:............................ 169
Total Dogs On-leash:............................. 104
% of Dogs On-leash:.............................62%
Total Dogs Off-leash: ..............................65
% of Dogs Off-leash:.............................38%
Total Dogs in a Prohibited Area: ................2
% of Dogs in a Prohibited Area:..............1%
Note: Dog waste information was not collected.
Only trail patrol logs that contained information on dog use and included information
on total dogs observed were used in this report.
i
Attachment B
Regional Open (, -ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
WINDY HILL TRAIL CENSUS RESULTS
FEBRUARY 1997 - FEBRUARY 1998
TOTAL USERS: ................................... 3394
TOTAL VIOLATIONS:............................ 284
TOTAL VOLUNTEER HOURS:.............. 505
USER TOTALS
HIKER RUNNER BICYCLIST EQUEST. DOG
TOTALS 2473 250 228 79 364
PERCENTAGE
OF TOTALS 73% 7% 7% 2% 11%
VIOLATION TOTALS
BICYCLIST
SPEEDING NO HELMET PROHIBITED AREA
TOTALS 11 24 32
PERCENTAGE OF
BICYCLE USERS 5% 11% 14%
PERCENTAGE OF
ALL VIOLATIONS 4% 8% 11%
DOG
OFF LEASH PROHIBITED AREAN WASTE PILES
TOTALS 118 3 92
PERCENTAGE OF
DOG USERS 3 2% <1% UNKNOWN
PERCENTAGE OF
ALL VIOLATIONS 42% �O/o
32%
EQUESTRIAN
SPEEDING PROHIBITED AREA
TOTALS 2 2
PERCENTAGE OF
HORSE USERS 3% 3%
PERCENTAGE OF
ALL VIOLATIONS 1% 1%
Attachment C
PADS Report
October 17, 1999 Windy Hill Dog Education Station Results
(Via E-mail)
Dear Paul:
Here is a copy of the trail report for the Windy Hill Information Station. Please confirm
that you have received...
Thanks
Denise
-----Original Message-----
From: Denise Williams <denise craik will iams@email.msn.com>
To: Paul McKowan <paul(aDopenspace.org>
Cc: Dan Bernstein <dbernstein(a)argotech.com>
Date: Monday, October 18, 1999 11:53 AM
Subject: Windy Hill Information Booth
Dear Paul:
PADS just completed another information station at Windy Hill in Portola Valley. This
station was opened from 12 to 3 on Sunday October 17th. Rather than having the
booth in the parking lot, we chose to have the table on the trail. We felt that this was a
very successful station.
We were pleased to have seen over 20 dogs on leash with only one dog off
leash. (After we talked to the dog owner, they quickly put the very well
behaved dog on leash). This appeared to be a very successful station and
we were pleased with the large number of contacts. Please let me know if you have
any questions
Denise Williams
Regional Open mace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
December 16, 1999
Blair Ahlquist
6696 Crystal Springs Drive
San Jose, CA 95120-461 7
Dear Mr. Ahlquist:
Thank you for your November 3, 1999 letter regarding a Seed Collection Permit on District lands.
The Board of Directors reviewed your letter at its December 15, 1999 regular meeting. I apologize
for the delay in responding; however, this was the first opportunity for the Board to consider your
letter.
We appreciate the effort you have made to comply with District regulations by contacting us
regarding a collection permit. The Board understands your intent in requesting a seed collection
permit is not to disturb plants and animals. However, the District's standard conditions on any
Biological Permit clearly state, "collections shall be used for scientific or interpretive purposes only
and shall be dedicated to the public benefit..."A permit condition sheet is included for your
reference.
The District's Resource Management Specialist is given the responsibility to review Biological
Permit Applications and has the day-to-day ability to authorize such permits. Based on the
information you provided about the purpose of your collection the General Manager agrees with the
Resource Management Specialist's conclusion that your collection does not fulfill the standard
conditions for a Biological Permit.
If you would like to fill out the attached Special Use Permit Application and add any additional
information that may indicate your project meets the conditions outlined, then staff would be happy
to give it reconsideration. We expect staff to be careful when considering the grant of such permits so
as not to set a precedent for future requests, which could become problematic for the District.
We appreciate your respect for public open space and we're certain you share our desire to protect
and preserve the natural resources on District land. Please feel free to contact Jodi Isaacs or Craig
Britton, District General Manager, if you would like any further information.
Sincerely,
l = 1'
Jed Cyr, President
Board of Directors
JC:jI
cc: MROSD Board of Directors
330 Distel Circle Los Altos, CA 94022-1404 Phone: h i0-691-1 200
FAX, 630-091-0485 . E-mail: mrosd�,)openspace.org . Web Site:www.openspace.org
Bn,xrl ui Pirv(ror,,Pete Sie men-, \�Liry C. Dove led Cvr, Deane Little, Nonette Kmko, Bets% Crmvder,Kenneth C. Nit/ ♦ Gener,d Alxwfa tr:L.Cr mg Rritton
Regional Open )ace
----------------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
TO: C. Britton, General Manager
V;—(—iLJ
FROM: ME Williams,Real Property Representative
DATE: December 23, 1999
SUBJECT: Messenburg Property Addition to Sierra Azul Open Space Preserve
Escrow closed for the subject transaction on December 20, 1999 and title to and possession of this 114.97 acre
parcel passed to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of
Directors at their meeting of November 17, 1999. Field staff has met with neighbors and put a District lock on
the gate at Wagner Road.
DEDICATION CHART INFORMATION
Dedication
Board Status
Approval Closing Dedication (latended or
Preserve Area Grantor Date Date Date Acres Withheld?) Notes
Sierra Azul Mt.Lhn Messenburg 11/17/99 12/20/99 114.97 Withheld
cc: Board of Directors
D. Dolan
Operations
Accounting
Planning
H:\Sierm AzuMessenburg Closing Metno.wpd
330 Distel Circle Los Altos, CA 94022-1404 Phone:050-691-1200
FAX: 050-691-0485 e E-mail: nirosd@iopen.�lpa(e.or- Web site:www.openspace.org
H'o.irdw Dqe(tw, Pew enwii, 'o,i ry C, [-)a vt,�,led r, F)va ne L i tt le, \onette f I,i n ko, Ro, n m It�i, Ken no h C i tz . Gener,d A I,irm*�r:I Cr3iq B n Iton
SIERRA AZUL OPEN SPACE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
i
...
Arneric1,Road
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\ Pasant Roan
a4i
MESENBURG PROPERTY
+/- 115 ACRES
' 4
^s(
RANCHO DE
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SIERRA �ZUL
OPEN SPACE RESERVE/
EXHIBIT A
-1
SIERRA AZUL OPEN SPACE PRESERVE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
kl-
.......__ - Arnc�rich Road
' \ santRoaJ
w a
MESENBURG PROPERTY /Qr�
+/- 115 ACRES
a
c RANCHO DE
GUADALUPE
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.I
SIERRA AZUL
OPEN SPACE RESERVE /
EXHIBIT A
Regional Open )ace
1
� I
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
v
TO: C. Britton, General Manager
FROM: M. Williams, eal Property Representative
DATE: December 23 1999
SUBJECT: Greenblatt/Fong Property Addition to Long Ridge Open Space Preserve
Escrow closed for the subject transaction on December 17, 1999 and title to and possession of this 39.79 acre
parcel passed to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In
accordance with the public notification policy, and since there were no public and/or adjoining owner comments
which might require amendment to the use and management recommendations, close of escrow marks the final
adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of
Directors at their meeting of December 15, 1999.
DEDICATION CHART INFORMATION
Dedication
Board status
Approval Closing Dedication (Intended or
Preserve Area Grantor Date Date Date. Acres Withheld?) Notes
Long Ridge Greenblatt/Fong 12/15/99 12/17/99 39.79 Withheld
cc: Board of Directors
D. Dolan
Operations
Accounting
Planning
H:\LAmg Ridge\Greenblatt Closing Memo.wpd
330 Distel Circle . Los Altos, CA 94022-1404 Phone: 650-691 1200
FAV 650-691-0485 . E-mail:mrosclr�'openspace,org Web site: www.openspace.org
,primal w(7rr,q tors Mary C. tliwe led C:r.(NNane Little Nnnette tlanko, Betsv Crowder, Kenneth('.Nitz +General k1,itw(,r t_Cram;Britton
I
LONG RIDGE OPEN SPACE PRESERVE
&III)PININSUIA REGIONAL OPEN SPACE DISTRICT
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LONG RIDGE
OPEN SPACE PRESERVE:",
PROPOSED ACQUISITION
GREEN BLATT/FONG, 39.79 AC.
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PORTOLA REDWOODS
STATE PARK • ......
tvtt
M,
0.7 0 0.7 1.4 Miles
LONG RIDGE OPEN SPACE PRESERVE
ti111 )NI NINSUTA RL(;IONAI. OPEN SPACE DISTRICT
----
UPPER STEVENS
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LONG RIDGE
OPEN SPACE PRESERVE
;i :;' ;; ;::; •:;::;:: PROPOSED ACQUISITION
C.
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PORTOIA REDWOODS ' :: "``r:'':•
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1
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0.7 0•7 1.4 Miles ,�
Regional Open ace
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
January 3, 2000
Katherine Anderton
Executive Director
Save-the-Redwoods League
114 Sansome Street, Room 605
San Francisco, CA 94104-3814
Dear Katherine:
Congratulations on your appointment as Executive Director of Save-the-
Redwoods League!
I know that in your new capacity, you'll continue the fine work for the League
that has been your trademark. The League is indeed fortunate to have as its Director
someone with your experience, talent, and dedication. Our agencies share many common
objectives and we look forward to continuing our excellent relationship.
Again, congratulations and my best wishes to you on the occasion of your
appointment. Please be sure to contact me if I can be of any assistance or provide any
information to you.
�r
Sificerely,
L. Craig Britton
General Manager
LCB/mcs
cc: MROSD Board of Directors
330 Distel Circle • Los -\Itos, CA 94022-1404 . Phone: 650-691-1200
F-\\: 050-691-0485 . E-mail:niroscl@ openspace.org . Web site: www.openspace_org
Sr�,mi If I)rrr=c tor: Pete`,It 7, `Ury C.I)atiev led C-%r, Oe x+ e 1_irtle, Nonette Hanko,Bet,ti Crowder,Kenneth C. Nitz • Gvner d lo,it *,r.I_Crait;Rnttnri
Regional Open - . ice i
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
January 6, 2000
TO: Board of Directors
FROM: C. Britton, General Manag
f
SUBJECT: Addition of the Bernard Gregory Arellano 1/42 Interest in the 32-Acre
Kirschbaum Property, Cathedral Oaks Area of the Sierra Azul Open Space
Preserve
In accordance with your Rules of Procedure, Section 260 (2), as amended on June 18, 1991
(see Report R-91-62), to wit:
The General Manager is hereby authorized to approve the acquisition of a minor
interest in or easement upon real property and accept on behalf of the
Midpeninsula Regional Open Space District deeds or grants conveying any such
minor interest in or easement upon real property to the District for public
purposes and to execute a Certificate of Acceptance as evidence thereof as
required by law, subject to the following:
a) The General Manager finds that the acquisition of such minor interest in
or easement upon real property is consistent with District policy; and
b) The cost does not exceed the General Manager's authority as provided in
Section 5549(b) of the Public Resources Code and as approved by the
Board of Directors from time to time; and
c) The General Manager informs the Board of Directors of the action or
proposed action within a reasonable period of time;
I signed a Certificate of Acceptance on December 23, 1999 and a Gift Deed was recorded on
December 27, 1999 for a 1/42 interest in the subject property (see attached map), based upon
my determination that acceptance of this gift is in accordance with the above stated policy.
The District has now received Gift Deeds of a 1/42 interest each in the property from Gen
Graves on May 14, 1998, Clifford I. Arellano on July 15, 1998, Georgette Y. Monaghan on
July 30, 1998, Eugenia Rhinehart on November 23, 1998, Barbara I. Smith on April 6, 1999,
and Bernard G. Arellano on December 27, 1999. The District's interest in the property is now
1/7, or 14.29%. If and when the District is in a position to acquire a substantial interest in
this property, staff will provide you with a full report on the use and management aspects of
the property.
330 Distel Circle • Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd®openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton
SIERRA AZUL OPEN SPACE PRESERVE
Midpeninsula Regional Open Space District
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1/42 INTEREST 2 W
(KIRSCHBAUM)
S.j.YY. 1.6
M.R:O.S.D.
2800
°da
0
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l..
1 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0
t. r
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# One Mile $
EXHIBIT A: PROPERTY LOCATION MAP Kirschbaum 5/19198