The URL can be used to link to this page

Home My Public Portal About20001115 - Agendas Packet - Board of Directors (BOD) - 00-30 Regional Open Sjoce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-30 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 P.M. Wednesday,November 15,2000 330 Distel Circle Los Altos, California Please Note: 6:30 P.M. Special Meeting Start Time 7:30 P.M. Regular Meeting Start Time AGENDA 6:30* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT--CLOSED SESSION The Closed Session will begin at 6:30 P.M. At the conclusion of the Closed Session, the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. Conference with Real Property Negotiator- Governmental Code Section 54956.8 Real Property—San Mateo County Assessor's Parcel Numbers 056-410-010, -020, -030; 056- 420-020; 056-430-020,-030; 056-440-020, -030 Agency Negotiator—Michael C. Williams Negotiating Party—Zion Half Moon Limited Partnership(Bonnie Rapley) Under Negotiations—Instructions to negotiator will concern price and terms of payment. 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR WRITTEN COMMUNICATIONS BOARD BUSINESS 7:35* 1. Proposed Addition of Pizarek Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt From the California Environmental Quality Act (CEQA) as Contained in Staff Report; Adopt the Resolution Authorizing the Purchase of the Pizarek Property; Tentatively Adopt the Preliminary Use and Management 330 Distel Circle o 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 0 General Manager:L,Craig Britton McedugOO'30 Page Recommendations Contained in Staff Report, Including Naming the Property as an Addition to Mt. Umunhum Area of Sierra Azu| Open Space Preserve; Indicate Your Intention to Withhold the Property from Dedication as Public Open Space—M. Williams 2. Proposed Addition of San Mateo County Property to the Purisima Creek Redwoods Open Space � Preserve; Adopt the Resolution Authorizing Acceptance ofa Gift of the San Mateo County Property, Which Supercedes Resolution No. 00-11; Reaffirm the Amended Comprehensive Use and � Management Plan Recommendations Contained in Report K-00-20, Including Naming the Property as an Addition to the Purisima Creek Redwoods Open Space Preserve; Reaffirm Your Intention to Dedicate the Property ao Public Open Space—C. Britton ~~~ 3. Authorization to Purchase One Patrol Truck at a Total Cost of $20,935; Authorize the General Manager to Execute Purchase Contract with the State Department ufGeneral Services (DGS) and � 6vvift Dodge for One Patrol Truck— D.Top|ey *** 4. Final Adoption of an Amendment to the Comprehensive Use and Management Plan for Monte Bello Open Space Preserve to Designate the Picchotti Ranch Area as a Separate ()pen Space Preserve; Officially Name the Separated Area the Picchetti Ranch Open Space Preserve— D. Vu *** 5. Scheduling Special Meetings of the Board of Directors on November 20 and November 27, 2000 for the Purpose o/Appointing the Ward 6 Board Director— O. Dolan *** REVISED CLAIMS [NIFORMATIONAL REPORTS— Brief Reports or announcements concerning pertinent activities of District Directors and staff 0:30* ADJOURNMENT � � � � � ^ Times are estimated and items may appear earlier or hater 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 tnthe Board by awrittrn communication, v/bicb the Board appreciates. � *�* All items on the consent calendar may be approved without discussion 6v one motion. Board members, | ~ the General Manager, and members of the public may request that an item be removed from the Consent | Calendar during consideration of the Consent Calendar. | � | � | Monday,November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p.01 i Attention: Board of Directors Date: 1 1/13/00 Company: MROSD Number of Pages: Fax Number: 6910485 Voice Number: 6911200 E C E Q V E L5 Lam. From: Judy B. Baker Company: MarketPoint Fax Number: 650- 4 -9 8 55Q3 Voice Number: 650-948-1003 Subject: Pulgas Ridge Eucalyptus Trees Comments: Included with this fax are 237 signatures that we have collected so far of people who use the park or live in the surrounding neighborhood who do not want the trees cut down. It is running about 9 to 1 in the park of those who want the trees to stay vs. the people who want them cut down. Why are you dictating to rather than listening to the people you are supposed to be serving? What a poor and unthoughtful decision you have made that not only destroys life but alienates the majority of people who use the park and live in the neighborhood. Judy Baker. Monday; November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p.OZ i Uct 21 00 01 : 28p Judy B. Baker 650-948-5503 p• 1 PETITION TO SAVE T JE EUCALYPTUS TREES AT PULGAS RIDGE We the undersigned request that the MR.OSD Board of Directors reconsider and reverse their decision to remove the eucalyptus trees at INgas Ridge. 3.g lao Please mail to maker, -ip03. 27544 on Road,Los Altos,CA 94022 when coett lete and call 650 948 Monday, November 13,2000 9:23 AM Judy B. Baker 650-948-5503 p.03 Oct 21 00 01 : 28p Judy B. Baker 650-948-5503 p• 1 PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE We the undersigned request that the MROSD Board of Directors reconsider and rev rse their decision to remove the eucalyptus trees at Pulgas Ridge. v�� A 0 3 y o ro _ mfln& Pam � -o23�C 3383 vw�H S .226_ 1;c4�v r S.1rLllt��w, t� st3� \� Please mail to Judy B&cr,27544 Canyon Road,Los Altos,CA 94022 when complete and call 650 948- 003. Monday,November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p 04 PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE We the undersigned request that the MROSD Board of Directors reconsider and reverse their decision to remove the eucalyptus trees at Pulgas Ridge. VGw`1 US,.,t tA ABC ti � �tl � - a � i G-146 /f 970 1 E� .S 9�J li9 rlo s Ala 1 l �'6d11k cT �,,� M • t c /�� C� � o0 • �-- �� T- fir� � p��- - r if 50 1�0� M adE? t44 ffJ 6 QYO�3 Kw L 0 _ 1�a n kc SC r L aiu gg&l E Jac,jf -1 L fJ -1003, Please mail to Judy Balser,27544 Canyon Road,Los Altos,CA 94022 when complete and call 650 948 Monday,November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p.05 p, , PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE We the undersigned request that the MROSD Board of Directors reconsider and reverse their decision to remove the eucalyptus trees at Pulgas Ridge. / — ;Wf-C/ _5 /4,07 44-a7 e _lAy y 1�71� u+1C'-. � St�•�ll4 r�tSon S,m�j�I 'Dag SAC.- I �. V�Vi1 CYT JGt,gt � vl ^W 14 A4144 A P .J C - ` CP _ C (l - 3 �- 17 kip fz e. {� �e J r 6cj� (aS CIL� c=i C4- ��- -� r - fib cam— L 121-1 � C7f Ma �vt _ TZI Ai FfOP( — S , G of yap Please mail to Judy aker,27544 Canyon Road,Los Altos,CA 94022 when complete and call 650 948-1003. Monday,November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p.06 01 PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE 'We the undersigned request.that the MROSD Board of Directors reconsider and reverse their decision to remove�5;Z�alyptus trees at Pulgas Ridge. � -S7 7 elq gas - � ".5�- Gh[4- 1 L 3� ! -� 4 ' 2��747Z 2- t 33r-L- /f,q .✓ fv, ¢� 'roc cav , `75 Cl ca��a„ fl-A , ( gyUbz v,l 7.5 Can �� 2 >2rl ,d Cti CA `� 06Z dJ� r !�i Lf o t LA ew fh j L j L ", CeID ,_ l LV C Q yvyuz 6-tT 1`� D(D Pi f— � 6' y _ - J A14 ' b maio 1 Please ZJjudQ)7QBaker,27544 Canyon Road Los Altos,CA 94022 when complete and call 6 0 - 003. Monday, November 13, 2000 9 23 AM Judy B.Baker 650-948-5503 p 07 650- 948-5503 p• 1 Oct 21 OU 01 : 28p Judy B. Baker PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE We the undersigned request that the MROSD Hoard of Directors reconsider and reverse their decision to remove the eucalyptus trees at Pulgas Ridge. 15 ✓d �C 10 oau. os SR4i (.d2i-imf05AOF�U Wf 9f-CA g11Re N-llGy 60 rrc i e lc 3 J ' r ,�C'7?`f �'I+E � ►Z S� r1►.�-kLytjiyt,.,�--- [_'Q �G �`cTi_.-`� V�s,ZA, vro V)bgS TEC �12 � ' K,,i Ice 4 e . 40, S •�� ram. Los Altos CA 94022 w hen complete and 16 51194R-l -- Baker.27544 ' 3. on Road, , _.------ •. U Please mail to Monday, November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p 08 PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE We the undersigned request that the MROSD Board of Directors reconsider and reverse their decision to remove the eucalyptus trees at Pulgas Ridge. Name Ast a e / Address E-maiVTele hone# L i. LSE c.vfer' � �/• � l I please mail to J Balmr,27544 n Road,Las Altos,CA 94022 when fete 2u�d cell 650 948-1003. Monday,November 13,2000 9:23 AM Judy B. Baker 650-948-5503 p.pg PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE We the undersiped request that the MROSD Board of Directors reconsider and reverse their decision to remove the eucalyptus trees at Pulgas Ridge. Name Signature Address E-mail/Telephone# Li roc - 71� U �+e -0 .36 Please mail to 3 Baker,27544 Canyon Be Los Altos,CA 94022 when complete and ca11650 948-1003. Monday,November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p.10 PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE We the undersigned request that the MROSD Board of Directors reconsider and reverse their decision to remove the eucalyptus trees at Mgas Ridge. u 22 Z - 0� WC c .. 51 r 1 please mail to Judy Baker,27544 Canyon Road,Los Altos,CA 94022 when complete and ca1165o 948-1003. tip' --- - - ------_ _. Monday,November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p.11 11/01/00 17.35 176503697. Carolyn Chaney t 00l PETITION TO SAVE THE EUCALYPTUS TREES AT PULGAS RIDGE We the undersigned request that the MROSD Board of Directors reconsider and reverse their decision to remove the eucalyptus trees at Pulgas Ridge. oft 0 Ito VA So 3 6 -0 3 7 fv T La - r ' L r,,Xyp 4► eVTCt�� a K. 04d � i� • ,�� 65-0� 366� �'36 /�5,--A Plase mail t4 Judy Baker,27544 Canyon ROad 1 os Altos•CA 44tl22 whin complete andcalt GS(t 448-1003. ram.. Monday,November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p.12 11/12/00 14.42 'a6503697% Carolyn__CKa eY __ ______ lei 001 PETITION TO SRUE THE EUCALYPTUS TREES RT PULGRS RIDGE We the andersltned rust imt the ses Bwud 91 Directors realmer ud reverse 1Me1r ease If r0Wve Ilse MC11111110 bees>u RN&Preserve. at re Print Name Phone/e-mail AA'/1s+1V10LKish f050`5118 `i&D Q— D - Z4 7 a CYQu> r 4! 0 c. G — 4 y I, �. �c.� so•'1 ��y"'do21JrySrL �• 'J « �a fy tT G - Cr+o4_-. .U-1fi. tiL6JKkk LoSD _�15L,7-2YA S" row- 0 a sz► � �� f o aw 1 a#1Ann -- ( - i(a 8-43y1 � 2L► 6 � to Monday, November 13,2000 9:23 AM Judy B.Baker 650-948-5503 p.13 11/12/00 14:41 U6503694 Carolyn Chaney wool PETITION TO SRUE THE EUCRLYPTUS TREES AT PULGHS RIDGE We tee mllkrftflesl MUM Mal qlt MUM BUM Of AlreC @n recotulller aU reverse tBtlr fEgsf�n it remove lk emmus Imes sit Its is Preservt. Ignat ire Print Name Phone/e-mail J, MlfIw�J QrG'OE1_ ihba�r�edcl a(7ursu.c M.1>14 D. au 5 �.x L��-k `1&.6- M, nonse 10 Cox Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-141 Meeting 00-30 November 15, 2000 AGENDA ITEM 1 AGENDA ITEM Proposed Addition of Pizarek Property to Mt. Umunhum A�e_a of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMEN12A 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Pizarek property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached map) The 12.81-acre property being considered for acquisition is located along Loma Prieta Road on the prominent ridge between Mt. Umunhum to the northwest and Mt. Loma Prieta to the southeast. There are excellent views of Mt. Umunhum, Bald Mountain, Barret Canyon, and the Los Gatos Creek watershed from the site. This is an important acquisition because it is within the Bay Area Ridge Trail corridor and protects the scenic quality and natural resources of the southern portion of Sierra Azul Open Space Preserve. The property is bounded by District land to the north and west, and private property to the south and east. The private property to the east is developed with a single-family residence. The upper portion of the subject property lies on the crest of a narrow ridge with the southern, lower half of the property dropping off into the upper watershed of Los Gatos Creek. Access to the property is via Loma Prieta Road, which passes through the northern boundary of the The knobcone pine, chamise scrub oak, manzanita, and buckbrush that cover the property. P > property are classified as Temperate Evergreen Forest and Temperate Evergreen Shrubland communities. There are no improvements on 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 •General Manager:L.Craig Britton R-00-141 Page 2 USE AND MANAGEMENT PLAN Planning Considerations The property is located within the District Sphere of Influence and in an unincorporated area of Santa Clara County. Though smaller than the minimum lot size required under the current zoning by the County, the subject property is a non-conforming, legal parcel constituting a single residential building site. The property is important in terms of wildlife habitat, watershed, low intensity recreation, and scenic hillside protection. The composite open space value is rated moderately high in the District's Open Space Master Plan. The Santa Clara Countywide Trails Master Plan shows both an existing and planned section of the Bay Area Ridge Trail in the vicinity of the property along Loma Prieta Road. A segment of a potential trail connection between the Bay Area Ridge Trail and Almaden Quicksilver County Park passes through the property. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain in effect until an Interim Comprehensive Use and Management Plan is complete. Future land use decisions, including plans for increased public access, will follow further environmental assessment to ensure land-use decisions are consistent with ecological values. Public Access: Designate Conservation Management Unit; public use will not be encouraged at this time. Trail Use Designation: No trails or roads are designated within the property at this time. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. Name: Name the property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve. Signs: Install preserve boundary signs where appropriate. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 12.81-acre parcel of land as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. Ultimately, the property will be R-00-141 Page 3 included in a Comprehensive Use and Management Plan for the adjacent open ace reserve. P g J P P P The land will be permanently preserved as open space and will be maintained in a natural condition. It may be open to the public for low-intensity recreation in the future. CAA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the property will be maintained in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interests and will maintain the property as open space. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space. This acquisition qualifies under all three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS AND CONDITIONS The 12.81-acre Pizarek property has a purchase price of$160,000 which is payable in cash at the close of escrow. The purchase price is based upon a current real estate listing at this amount, and is considered fair and reasonable based upon current real estate activity in this market area. The property consists of one legal building site in Santa Clara County with electrical utilities available through private property to the south and east. BUDGET CONSIDERATIONS 2000/2001 Budget for Land Acquisition New Land $20,000,000 Land Acquisitions so far this year (10,903,800) Pizarek Property proposed on this agenda (160,000) Acquisition Budget Remaining $ 8,936.200 Controller M. Foster has been consulted on this proposed acquisition, and indicated that, considering cash flow and availability, funds are available for this property purchase. R-00-141 Page 4 This parcel was identified as an important addition to the Mt. Umunhurn area of Sierra AZU1 Open Space Preserve for public trail, watershed, wildlife habitat, and scenic qualities. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Michael C. Williams, Real Property Representative Doug Vu, Open Space Planner Map Prepared by: Ana Ruiz, Planning Technician Contact person: Michael C. Williams, Real Property Representative RESOLUTION NO. 00- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE PURCHASE AGREEMENT,AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(SIERRA AZUL OPEN SPACE PRESERVE -LANDS OF PIZAREK) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Andrew R. Pizarek, and Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to seller. The General Manager is further authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to$5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Six. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents,which are necessary or appropriate to the closing or implementation of this transaction. Section Seven. It is intended,reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$160,000 from the proceeds of the next long-term District note issue. This section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been,or are reasonably expected to be,reserved or allocated on a long-term basis,or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. SIERRA AUL OPEN SPACE &ESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Vo T ---- 9 ✓", ��1,��_��, tit .``✓'/�J SIERRA AZUL ?�'%'>> OPEN,SPACE PRE 2,1�� t. �1U'"l�t ' ';'✓,. wily �i;: 1 j `;).'tier ,,� � �i� L=' ;1� .,z',�,,r,�-1�L;,�, l.1 7 � SAN JCSE WATER COMPANY S r� Proposed Acquisition Pizarek, 12.8 Acres �� Lmo a �i✓ 4�1 � s nOf POST � EXHIBIT A: PROPERTY LOCATION MAP 0.8 0 0.8 1.6 Miles N Regional Open S re 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-144 Meeting 00-30 November 15, 2000 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of San Mateo County Property to the Puri ma Creek Redwoods Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution authorizing acceptance of a gift of the San Mateo County property,which supercedes Resolution No. 00-11 adopted by you on January 26, 2000. 2. Reaffirm the Amended Comprehensive Use and Management Plan recommendations contained in report R-00-20, including naming the property as an addition to the Purisima Creek Redwoods Open Space Preserve. 3. Reaffirm your intention to dedicate the property as public open space at this time. DISCUSSION At your meeting of January 26, 2000(see Report R-00-20),you adopted Resolution No. 00-11 accepting as a gift the San Mateo County 9.58-acre parcel of land adjacent to Purisima Creek Redwoods Open Space Preserve. The District had previously leased this parcel from the County beginning in 1987. After you approved what staff thought was the final Agreement/Deed, County Counsel had several minor changes which are reflected in the attached"redline"copy. Since your first resolution did not contain a section allowing for administrative approval of technical changes to the Agreement/Deed, this transaction must be reapproved by you by adoption of the attached replacement resolution. You previously made the CEQA finding at your meeting of January 26, 2000. Prepared by: L. Craig Britton, General Manager Graphics prepared by: Ana Ruiz, Planning Technician 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:mrosd@openspace.org • Web site:www.openspace.org (]FmEEST Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz •General Manager:L.Craig Britton RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING GIFT OF REAL PROPERTY AND AUTHORIZING EXECUTION OF CERTIFICATE OF ACCEPTANCE WITH RESPECT THERETO (PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE—LANDS OF SAN MATEO COUNTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One: The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept, with gratitude,the gift of real property described in the copy of the Grant Deed With Resolution and Power of Termination attached hereto,and by this reference made a part hereof, and to be conveyed by San Mateo County to the Midpeninsula Regional Open Space District. Section Two: The President of the Board, or other appropriate officer, is authorized to execute said Grant Deed and a Certificate of Acceptance for said Grant Deed conveying title to the property being donated to the District. Section Three: The General Manager of the District shall cause to be given appropriate notice to the County of San Mateo of the acceptance of this gift. The General Manager is further authorized to execute any and all other documents necessary to the closing of this transaction. Section Four: The General Manager of the District is also authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five: The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents and which are necessary or appropriate to the closing or implementation of this transaction. Section Six: This Resolution sup ercedes and renders void all of Resolution No. 00-11 of the Board of Directors of the Midpeninsula Open Space District as adopted on January 26, 2000. PURISIMA CREEK OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT r 0 4� H DART - NY PARK kYL/N o PROJECT LOCATION ��% E BO� F �� V 419k,-41 f RESTOOM TO FIRE a.. 1 \ BE REMOVED HYDRANT FIXTURE _ SAN MATEO COUNTY PARCEL - (PC03A f E• J 7� - ti1/I E S.EGE I,A�[SERVyF Zt- � a ' PICNIC AREA -ur (PC03) REDWOOD TRAIL 0 PUR MISI A CREEK � -- OPEN SPACE'PRESERVE � l j iCf NGS;11 r R AQ o t EXHIBIT A When recorded, return to: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: C. Britton GRANT DEED WITH Preserve: Purisima Creek Redwoods RESTRICTIONS AND REVS ST^ T Project: County of San Mateo POWER OF TERMINATION APNs: 067-191-110; and -120 Recitals I The COUNTY OF SAN MATEO, acting through its Parks and Recreation Department ("County") and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ("District") entered into a Park and Recreation Lease dated December 15, 1987 ("Lease") to provide for District operation and management of that certain 9.58 acre tract of land as described in Exhibit A (the "Property"). 2. Both County and District now wish to permanently transfer this property to District for perpetual operation and management of the Property as a part of the parks, open space, recreation, ecological and aesthetic resources of the midpeninsula area. 3. County desires to Grant fee title to the Property to District subject to certain restrictions and a Fevefsieft-ItEMinatiQn should the property cease to be utilized by District for open space and recreational purposes, and District desires to receive fee title to the Property from County subject to the restriction and reversion provided for herein. THEREFORE, County hereby Grants to District fee title to the Egp=as described in Exhibit A, for public open space parks and recreation purposes subject to the following restrictions and reversions: 1. District Management and Review. District shall manage and maintain the Property for open space, wilderness, agricultural, watershed, scenic, low intensity recreation or similar purposes (Permitted Uses) according to the District's Basic Policy adopted by District's Board of Directors March 10, 1999, as follows: "The District follows land management policies that ensure proper care of the land that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety." County shall have the right of design review and comment privileges with respect to all open space and low intensity recreation development projects proposed for the Property prior to final approval by District. County shall also have review and comment privileges on all environmental documents prior to acceptance and/or approval by District. District, for the purpose of this Grant, shall consider but shall be free to accept or reject the recommendations or suggestions of County as to how District should plan, design and develop the property for open space and public low intensity recreation uses. However, nothing herein shall limit the rights of any governmental agencies having jurisdiction over the Prop erty perry as provided by law, ordinance or other source. 2. Permitted Uses. The permitted open space and low intensity recreation uses allowed under this Grant of Fee Title include, but are not limited, to the following: A. Pedestrian, equestrian riding and mountain bicycle trails B. Casual public picnicking C. Public sanitary facilities D. Nature study and environmental education E. Photography F. Public drinking water facilities G. Kite flying H. Scenery painting I. Wildlife observation J. Compatible agricultural uses K. Meditating L. Public parking areas M. Primitive campsites (backpack camping) N. Other uses District may determine from time to time to be low intensity recreation uses. District shall plan, design and develop such facilities that are reasonably necessary for public use and enjoyment of the Property for open space and low intensity recreation uses as defined herein. 3. Prohibited Uses. District shall enact and enforce ordinances and/or policies that will prohibit any use or development of the Property which would significantly change or compromise the scenic or natural values of the property, except for Permitted Uses. Such Prohibited Uses include, but are not limited to the following: A. Construction or maintenance on the Property of advertising signs of any kind, except for identification of the Property for Permitted Uses. B. Commercial extraction of minerals or natural resources from the Property. C. Construction of residential, commercial or industrial buildings, including but not limited to a hotel, inn, condominium or rental apartment project, except for the limited residential facilities necessary for District staff s maintenance and patrol of the Property and adjacent District land. D. Operation of any motor bike, trail bike, go-cart or other motor vehicles other than those used by or on behalf of District for use, development, patrol or maintenance of the Property and adjoining District land. District may allow use of motor vehicles by the public to reach the recreational provided by District. E. Dumping or placing trash, waste or garbage except in receptacles maintained by District. F. Use of firearms, airguns or dangerous weapons by the public. G. Hunting or exploitation of natural wildlife except when required by District for public health and safety. H. Commercial cutting of standing timber except for public safety or consistent with public low intensity recreation purposes as determined by District. I. Planting vegetation on the Property except for District approved soil management, erosion control, reforestation and planting of native California vegetation and normal landscaping and screening of open space and low intensity recreation areas and public facilities consistent with the intent of this Grant. J. Excavation or other topographic changes except for specific scenic and open space uses consistent with this Grant as determined by District. K. Use of the Property in such a way that it alters the natural landscape character of the Property except for specific scenic and open space uses as determined by District. L. Any use other than low intensity recreation, scenic or open space uses as provided in this Grant. M. Development of the Property for any amusement or theme park development, golf course, or any use that would require more than one-quarter of one percent (1/4%) of the total land area to be paved or developed with impervious surface (roads, parking lots, roofs, tennis courts, swimming pools or similar development) except for existing impervious surfaces. N. Use of fireworks and pyrotechnics. 4-1. Re �Re-entry upon Abandonment or Change in Use. It is understood and agreed by District that all transfers of the property by District subsequent to the execution of this agreement or conveyances of the Property shall be of no force and effect and shall be void in absence of prior written agreement between the parties hereto, and further, in the event District abandons the Property or ceases to operate the Property in conformance with the terms and conditions hereof, then County shall have the absolute right to re-enter and repossess the entire Property as described in said Exhibit A, without nabpayment in any amount whatsoever of any kind together and with any and all appurtenances thereto, and District shall have no further claim or right Page 3 to the Property. 5. Enforcement. The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all of them may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. 6. Remedies Upon Default. A. In the event District, or any successor in interest of District in accordance with the terms hereof, breaches or violates any of the covenants, conditions, or restrictions contained herein, County shall give the then record owner of the Property written notice of such breach or violation. Any such notice shall specify with particularity the nature of the breach or violation claimed and shall set forth in detail the action which the County requests be taken in order to cure the claimed breach or violation. B. If such breach or violation continues uncured for a period of sixty (60) days or more after the giving of such notice, County shall have the right to prosecute any proceeding at law or in equity against the District. the then record owner of the Property or any other person violating, attempting to violate, or breaching any of the provisions contained herein, in order to prevent the violating or breaching party or any such person from violating or attempting to violate or breach any of the covenants, conditions, or restrictions contained herein. The remedies available under this paragraph shall include, by way of illustration, but not limitation, ex parte applications for temporary restraining orders, preliminary injunctions, and permanent injunctions enjoining or remedying any such violation or breach or attempted violation or breach, or re-entry and repossession by County. 7. Covenants Shall Run with the Land. All of the covenants, conditions, and restrictions contained herein shall be binding upon District and its successors (by merger, consolidation, or otherwise) and assigns, lessees, invitees, and all other persons acquiring the subject property, or any portion thereof, or any interest therein, whether by operation of law or in any other manner whatsoever. All of the provisions, agreements, covenants, conditions, and restrictions contained herein are for the benefit of the y=D4itf ieij All of the provisions hereof shall be covenants running with the land pursuant to applicable law, including, but no limited to, Section 1468 of the Civil Code of the State of Califorhia. It is expressly agreed that each covenant, condition, or restriction contained herein to do or to refrain from doing such act on the Property (i) is a burden upon the Property and each portion thereof, and (ii) shall be binding upon each successive owner during its ownership of the Property, or any portion thereof, and each person having an interest therein derived in any manner through any owner of the Property or any portion thereof. Nothing herein shall Page 4 be deemed to create a right of action in any person or entity other than County. 8. -Condemnation. If the Property is sought to be acquired by another public or quasi- public agency for another public use, Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code shall apply and be asserted by both County and District. 9. Binding on Successors. The covenants, conditions and restrictions set forth herein shall bind and inure to all successors and assigns of District and County. 10. Amendment and Termination. These covenants and conditions may be amended or terminated only in a written, recorded document, executed by County and District or their successors in interest. 11. No Waiver. County's failure to enforce any provision of the restrictions contained in this Grant shall not be considered a waiver of its right to enforce it later, nor of its right to enforce any other provision hereof. 12. Severability. Invalidation of any one or more of the covenants, conditions, restrictions, or other provisions contained herein by judgment or court order shall not invalidate any of the other covenants, conditions, restrictions, or other provisions contained herein and the same shall remain in full force and effect. Ill lII Page 5 i I IN WITNESS WHEREOF, the parties have caused this agreement to be executed either individually or by their duly authorized officers to be effective as of the date and year finally executed hereinbelow. MIDPENINSULA REGIONAL OPEN COUNTY OF SAN MATEO SPACE DISTRICT By: By: President, Board of Directors Chairperson, Board of Directors Date: Date: Attest: Attest: By: By: District Clerk County Clerk Date: Date: Approved as to Form: Approved as to Form: By: By: General Legal Counsel County Counsel i Page 6 EXHIBIT A THAT CERTAIN REAL PROPERTY located in the unincorporated area of the County of San Mateo, State of California, described as follows: Being the portion lying westerly of State Highway 35 (Skyline Blvd.) of that certain real property distributed to the County of San Mateo and described in the Order for Partial Distribution of the Estate of James M. Huddart, also known as J. M. Huddart, dated April 29, 1946 and filed for record in the office of the San Mateo County Recorder in Volume 1282 at Page 72. The demised premises contains 9.58 acres, more or less. A.P.N. 067-191-110 067-191-120 i Regional Open c ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Report R-00-143 Meeting 00-30 November 15, 2000 AGENDA ITEM 3 AGENDA ITEM Authorization to Purchase One Patrol Truck at a Total Cost of$20,935 1 GENERAL MANAGER'S RECOMMENDATION 777 r Authorize the General Manager to execute a purchase contract with the State Department of General Services (DGS) and Swift Dodge for one patrol truck for a total cost of $20,935. BACKGROUND At your May 24, 2000 meeting,you approved an agreement for District operation and management of Rancho San Antonio County Park(see report R-00-13). The agreement provided for additional staff, supplies, and a vehicle. The Operations Program budget for fiscal year 2000-2001 was adjusted at that time to fund these additions. Purchase orders for vehicles acquired through the State of California are now being accepted for the 2001 model year. Vehicles ordered in November 2000 should be delivered before March 31, 2001. The District's ability to participate in the DGS competitive bid process and to purchase vehicles through them continues to provide a significant cost savings. It greatly reduces the amount of staff time that would be required if the District conducted a separate bid process. 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-mail:mrosd@openspace.org • Web site:www.openspace.org Beard of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton Regional Open S, ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-00-138 Meeting 00-30 November 15, 2000 AGENDA ITEM 4 AGENDA ITEM Final Adoption of an Amendment to the Comprehensive Use—and Management Plan for Monte Bello Open Space Preserve to Designate the Picchetti Ranch Area as a Separate Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Adopt an amendment to the Comprehensive Use and Management Plan for Monte Bello Open Space Preserve to separate the Picchetti Ranch Area from this Preserve and to officially name the separated area Picchetti Ranch Open Space Preserve. DISCUSSION At your October 11, 2000 meeting, you tentatively adopted an amendment to the Use and Management Plan for Monte Bello Open Space Preserve to separate the Picchetti Ranch Area from Monte Bello Open Space Preserve and to officially name the separated area Picchetti Ranch Open Space Preserve (see report R-00-125). Staff has received no public comment on this matter since the October 11 meeting. Prepared by: Douglas Vu, Open Space Planner 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 ftral H=E— Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz - General Manager:L.Craig Britton II Regional Open S, lee MIDPENI NSULA REGIONAL OPEN SPACE DISTRICT R-00-140 Meeting 00-30 November 15, 2000 AGENDA ITEM 5 AGENDA ITEM Scheduling Special Meetings of the Board of Director on November 20 and November 27, 2000 GENERAL MANAGER'S RECOMMENQA, TION Schedule special Board Meetings on November 20 and November 27, 2000, beginning at 7:00 P.M for the purpose of appointing the Ward 6 Board Director. DISCUSSION At your October 11, 2000 Board meeting, you, as the District's governing body, decided to fill the Ward 6 Board Director vacancy by the appointment process so that this Ward would be represented promptly (see Report No. 00-127). Ward 6 became vacant on September 29, 2000, due to the tragic and untimely death of Director Crowder on that date. Ward 6 includes the cities of Portola Valley, Woodside, Atherton, Menlo Park, a portion of East Palo Alto, as well as unincorporated territory in San Mateo County along Skyline Boulevard. The Public Notice of the Appointment of Ward 6 Director was posted at five sites: Portola Valley, Atherton, East Palo Alto, and Menlo Park town centers, as well as the District Office. In addition, a notice of the vacancy was published in the following newspapers: San Jose Mercury, Palo Alto Weekly, Palo Alto Daily New, and The [Menlo Park]Almanac. The Notice stated the closing date for Ward 6 applications to be received by the District would be November 8, 2000. Because a Ward 6 Director appointment must be made within 60 days of September 29, 2000, two additional Board Meetings are needed in November 2000 to accomplish the final selection for the appointment. The Board meeting scheduled for November 20, 2000 is to interview up to eight applicants for the Ward 6 vacancy and select up to four final candidates. The Board Meeting on November 27, 2000 is scheduled to interview the final candidates, and appoint a new Ward 6 Director to complete the remaining term to November, 2002. Prepared by: Deirdre C. Dolan, Administration and Human Resources Manager Jenny Preciado, Senior Administrative Assistant Contact person: Same as above 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz 0 General Manager:L.Craig Britton Claims No. 00-18 Meeting 00-30 Date: Nov. 15, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2700 250.00 Jen Abronson-Walker Public Affairs Intern-Stipend 2701 624.56 Acme&Sons Sanitation Sanitation Services 2702 137.27 ADT Security Services Alarm Service 2703 54.07 All Laser Service Printer Repairs&Maintenance 2704 50.36 AT&T Telephone Service 2705 457.77 California Water Service Water Service 2706 1,295.00 *1 Calpelra Seminar&Membership Dues 2707 227.33 Cambria Corporation Data Base Consultant 2708 101.96 Cascade Fire Equipment Company Uniform Expense 2709 495.00 Continuing Education Of The Bar Bar Dues 2710 300.00 Mary Davey Reimbursement-LTA Conference 2711 25.00 Jim Davis Automotive Smog Test 2712 115.00 Evergreen Environmental Services Hazardous Waste Removal 2713 1,955.61 Emergency Vehicle Systems New Vehicle Emergency Equipment 2714 52.69 Foster Bros. Security Systems, Inc. Key Duplication 2715 16.43 Gardenland Power Equipment Field Supplies 2716 1,150.00 Geoline Positioning Systems, Inc. GPS Receiver Accessories 2717 88.82 G& K Services Shop Towel Service 2718 141.16 Half Moon Bay Building&Garden, Inc. Field Supplies 2719 200.00 Hidden Villa Facility Facility Rental-Holiday Event 2720 200.84 Howard Rome Martin&Ridley LLP Legal Services 2721 12.24 H. T. Harvey&Associates Photo Processing Fees 2722 88.11 Jodi Isaacs Reimbursement-Tuition Expense 2723 74.25 John Kowaleski Reimbursement- Uniform 2724 966.83 Los Altos Garbage Company Garbage Service 2725 447.61 *2 Lucent Technologies Telephone Lease 2726 44.20 John Maciel Reimbursement-Mileage 2727 40.00 Magana's Building Maintenance Janitorial Service 2728 25.27 MCI Worldcom Telephone Service 2729 381.50 *3 Metro Newspaper Recruitment Advertisement 2730 400.00 Old Republic Title Company Title Services 2731 672.90 *4 Orchard Supply Hardware Field Supplies 2731 468.11 Pacific Bell Telephone Service 2732 25.00 Palo Alto Utilities Utility Service 2733 1,800.50 Panko Architects Architectural Engineering Services g g 2734 253.47 PIP Printing Printing Service 2735 2,625.00 Popish Appraisal &Consulting Appraisal&Consulting Services 2736 49.00 Precision Engravers, Inc. Name Tags Engraved 2737 836.60 Progressive Technologies Uniforms 2738 89.00 Fred Pryor Seminar Seminar-L. Crook 2739 10.50 Rancho Hardware Volunteer Supplies 2740 72.26 Rayne Water Conditioning Water Service 2741 654.38 Redwood General Tire Company Tires 2742 162.81 Recreational Equipment Inc. Uniforms 2743 1,390.41 Relizon Company Citation Forms 2744 1,382.50 Rice Trucking&Material Trucking Service 2745 13.50 Rich's Truck Tire Service Tire Repair 2746 27.34 Roberts Hardware&Tack Field Supplies Page 1 Claims No. 00-18 Meeting 00-30 Date: Nov. 15, 2000 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2747 4,271.54 Roys Repair Service Vehicle Repair&Maintenance 2748 482.89 R. S. Hughes Company, Inc. Safe ty Equipment 2749 97.43 David Sanguinetti Reimbursement Rescue Equipment 2750 151.63 *5 Santa Clara County HHW Hazardous Waste Removal 2751 44.00 Santa Clara Office Of The Sheriff Fingerprinting Services 2752 181.03 Shell Credit Card Center Fuel 2753 474.51 Signworks Company Signs 2754 48.50 *6 Sonia's Deli Local Business Meeting Expense 2755 2,413.92 Steven W. Singer Environmental&Ecological Service Environmental&Ecological Services 2756 1,000.00 *7 Stewart Title Of California, Inc. Title Services 2757 159,000.00 *** Stewart Title Of California, Inc. Pizarek Acquisition 2758 31.50 Skywood Trading Post Fuel 2759 38.21 State Board Of Equalization Fuel Tax 2760 148.84 Stevens Creek Quarry Rock 2761 238.15 Summit Uniforms Uniforms 2762 243.91 Tadco Supply Janitorial Supplies 2763 32,882.12 2M Associates Coastal Annexation Consultant 2764 14,289.00 Universal Truck Bodies Truck Bodies 2765 7.65 *8 United Parcel Service Parcel Service 2766 138.00 Verio/Best Internet Internet Provider 2767 128.70 M. Douglas Vu Mileage Reimbursement 2768 1,165.29 West Group Legal On-line Services 2769 1,299.01 West Tek Supply, Inc. Field Supplies 2770 28.10 Wolf Camera Film Developing 2771 300.00 Roberta Wolfe Recording Services 2772 200.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill Parking Lot *** In the event the agenda item#1 is not approved, this claim will not be processed. *1 Urgent Check Issued October 31, 2000 *2 Urgent Check Issued November 7, 2000 *3 Urgent Check Issued October 31, 2000 *4 Urgent Check Issued November 3, 2000 *5 Urgent Check Issued October 31, 2000 *6 Urgent Check Issued October 31, 2000 *7 Urgent Check Issued October 25, 2000 *8 Urgent Check Issued November 3, 2000 TOTAL 240,256.09 Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To Board of Directors From: L. Craig Britton,General Manager Date: November 9,2000 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site: www.openspace.org Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager From: M. WiCins, Real Property Representative Date: November 7, 2000 Subject: Former "Bean" Property - Sale of Term Fee Estate with Niswander-Anderson, Long Ridge Open Space Preserve Escrow closed for the subject transaction on October 31, 2000 and title to and possession of this 13.9 acre parcel passed to the Buyers (Sharon Niswander and Thomas Anderson) for a term not to exceed 40 years. The Buyer's residential structures are limited to a .75-acre building envelope and the District reserved an Easement for Conservation, Open Space and Public Trail purposes over the 13.15-acre balance of the property. 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 September 27, 2000. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee, Easement, Date/Res. No. Lease, Mgmt Agmt.) Long Ridge San Mateo-portion Midpeninsula 13.9 The Buyers have a 9/27/00 080-410-220 Regional Open 40-year fee estate 00-59 Space District Mgmt. Status: Dedication Date/ Closing Date (Open, Closed, Status: Type Selling Price GIS Code CNIU, or Other) (Intended Withheld) October 31, 2000 District will manage N/A Cash $450,000.00 the Conservation Easement Area ** Misc. Notes: District still retains the underlying fee ownership of the entire 13.9-acre proeprty. Designated trails to remain open for public use as part of a conservation easement. cc: Board of Directors D. Dolan Operations Q. Maciel, D. Sanguinetti, K. Hart) Accounting Planning (C. Woodbury, S. Sommer, M. Freeman, A. Ruiz) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ' s \ 1 �1 Future Trail Corridor Lon �RId T a� Building Envelope (Approx. 1-acre) Open Space Easement Reserved By District Portion of APN: 080-410-220 (Approx. 12.9 acres) RJ � j of L' II APPROXIMA SCALE: 1r" _ 830 ' EXHIBIT B:( 4N PROPERTY TERM ESTATE LOCATION Page I of 2 Jenny Preciado From: MROSD <mrosd@openspace.org> To: Jodi <jisaacs@openspace.org>; Jenny <jpreciado@openspace.org> Sent: Monday, November 06, 2000 3:05 PM Subject: Fw: Chopping down Blue Gum Eucalyptus trees in Pulgas Ridge area Kristi Webb Public Affairs Assistant Midpeninsula Regional Open Space District (650) 691-1200 www.loplenlspace.org ----- Original Message ----- From: JAMES SAYRE <sayre@welnet.net> To: <mrosd@openspace.org> Cc: <sayre@wenet.net> Sent: Saturday, November 11, 2000 3:29 PM Subject: Chopping down Blue Gum Eucalyptus trees in Pulgas Ridge area > The Board > The Midpeninsula Regional Open Space District > To the Board: > Recently there was a page-two article entitled, "Pulgas Ridge > trees slated for chopping," in The San Mateo County Times, 11/4/00. It > explained how the Midpeninsula Regional Open Space District has decided > to cut down over ninety Blue Gum Eucalyptus trees on the bogus grounds > that they are non-native. These Eucalyptus globulus trees are just as > native as people born in California. These trees grew from seed in > California. There seems to a severely hypocritical double standard about > nativity when it comes to plants vs. humans. Humans are considered > native if they are born within our borders. Plants, especially the > dreaded Blue Gum trees, are labeled non-native forever. Blue gum trees > and other Eucalyptus trees have been growing in California since the > time of the Civil War. They provide nesting sites, roosting sites and > feeding habitats for a wide variety of birds and insects, and even some > mammals, reptiles and amphibians. > If the Board members of the Midpeninsula Regional Open Space > District are so worried about the presence of invasive exotic non-native > species on the Peninsula, perhaps they could lead the way back and > return to their native habitats in northern and western Europe. Surely > the European-American Homo sapiens are the most invasive exotic species > of them all. > Yours truly, > James K. Sayre > Box 763 > San Carlos, CA 94070 > 6 November 2000 11/8/00 Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum October 31, 2000 To: Craig Britton, General Manager From: Paul McKowan, Volunteer Coordinator Subject: Volunteer Trail Patrol Activity Summary From: 7/1/00 To: 9/30/00 VIOLATIONS OBSERVED Q 5 � 6a 00 PRESERVES TOTAL PATROL HOURS Coal Creek (17) El Corte de Madera (52) 2 7 2 11 El Sereno (2) Fremont Older (49) 6 8 5 19 Long Ridge (15) 2 2 Los Trancos (11) j Monte Bello (35) 1 2 1 4 M.B. Picchetti (8) Pulgas Ridge (56) 1 1 Purisima Creek (9) Rancho (405) 1 1 Russian Ridge (29) 2 2 4 Saratoga Gap (4) Sierra Azul (3) Skyline Ridge (13) St. Joseph's Hill (10) 5 8 13 Teague Hill (2) Windy Hill (45) 1 11 3 14 TOTAL VIOATIONS PER VIOLATION TYPE 2 21 13 28 2 3 69 PERCENTAGE OF 3% 30% 19% 41% 3% 4% 100% TOTAL VIOLATIONS* Total Violations Observed: 69 Total Patrol Hours: 765 Average Patrol Hours Per Week: 59 *Violations of this type as a percentage of the total number of violations observed i SHUTE, MIHALY 8 WEINBERGER LLP ATTORNEYS AT LAW E. CLEMENT SHUTE. JR. 396 HAYES STREET OSA L. ARMI MARK I. WEINBERGER SAN FRANCISCO, CALIFORNIA 94102 LISA T BELENKY MARC B. MIHALY, P.C. MARK A, FENSTER FRAN M. LAYTON TELEPHONE. (415) 552-7272 KATHERINE A. TRISOLINI RACHEL B HOOPER FACSIMILE. (415) 552-5616 BRIAN A. SCHMIDT ELLEN J. GARBER CHRISTY H. TAYLOR WWW SMWLAW.COM LAUREL L. I ER AICP URBAN PLANNER TAMARA S. GALANTER ELLISON FOLK ELI2AB ETH M. DODO RICHARD S. TAYLOR OF COUNSEL SUSANNAH T. FRENCH WILLIAM J. WHITE 0 2000 JOSEPH E JARAMILLO October 3 3 ROBERT S. PERLMUTTER VIA FACSIMILE Chair Gage and Members of the Board of Supervisors Santa Clara County 70 West Hedding Street San Jose, CA 95110 Re: Final Environmental Impact Report for Stanford University Community Plan/General Use Permit (SCH #1999112107) Dear Chair Gage and Members of the Board of Supervisors: We submit this letter on behalf of the Committee For Green Foothills to provide comments on Santa Clara County's Final Environmental Impact Report ("FEIR") for the Stanford University Community Plan/General Use Permit ("CPIGUP" or "project"). In our August 4, 2000 letter, we provided comments on the County's Draft Environmental Impact Report ("DEIR"), identifying numerous inadequacies in the DEIR under the California Environmental Quality ("CEQA"), Public Resources Code § 21000 et sew.._, and the CEQA Guidelines, 14 Cal. Code Regs. § 15000 et sec.. That letter also explained that the Community Plan failed to meet the minimum legal requirements under Planning Pl and Zoning Law in that it did not contain the necessary the State a standards for land use intensity and building density. Based on our review of the County's FEIR, and the County's October 9, 2000 Staff Report for the project, we conclude that the FEIR does not eliminate the legal inadequacies identified by those comments. Nor has the County remedied the legal deficiencies in its proposed Community Plan. This letter sets forth two additional issues raised by the County in its FEIR which are of particular concern to the Committee: the County's failure to adequately analyze cumulative environmental impacts or mitigation of impacts upon the California Tiger Salamander and sensitive plant species. I I Chair Gage and Members of the Board of Supervisors October 30, 2000 Page 2 1. The EIR Fails to Adequately Analyze the Cumulative Impacts Resulting from Proposed Development Levels at Stanford. The Community Plan now reveals that the County appears to be contemplating adding 5 million square feet ("MSF") of academic development at Stanford over the next 25 years. See Stanford Community Plan, Revised October 9, 2000 at 12. This amount of development is in marked contrast to the 2,035,000 of academic development plus housing identified and analyzed in the DEIR. While we understand that the County is not contemplating actually approving this level of development, it nonetheless has an obligation under CEQA to provide an analysis of the cumulative impacts resulting from anticipated development levels over the next 25 years. CEQA Guidelines § 15130. Modifying the project subsequent to the public's review of the DEIR forecloses meaningful analysis and misleads the public and decision makers about the true nature of the CP/GUP. 2. Mitigation Measures Proposed for Impacts Upon the California Tiger Salamander and Sensitive Plant Species Remain Unresolved. The FEIR now includes a new mitigation measure ("Option 3") addressing the impacts to the California Tiger Salamander("CTS") that would result from implementation of the CP/GUP. See BIO-1(a) through (e), FEIR, at 11-50 to -51. This new measure was developed in response to comments from federal and state agencies. In its letter commenting on the DEIR, the U.S. Fish and Wildlife Service ("USFWS") describes both the dangerously low and threatened population of CTS throughout the state, as well as the unique importance of the population located on the Stanford campus. See Karen J. Miller, Chief, Endangered Species Division, USFWS, Letter Commenting on Stanford Community Plan DEIR, Aug. 4, 2000, at 2-3 (included as Letter 68 in FEIR, Volume IV) ("USFWS Letter"). In order to preserve the local CTS population and the species, USFWS strongly recommends dedications of extensive conservation easements in the Lagunita area, as well as in existing open space areas of the Lower Knoll and vicinity, the Gerona Triangle, and the Lathrop District, and in existing open areas between Lagunita and these locations. The California Department of Fish and Game ("CDFG ) has independently reached the same conclusion viz that protecting these a areas permanently from development is necessary. See Robert W. Floerke, Regional Manager, Central Coast Region, CDFG, Letter Commenting on Stanford Community Plan DEIR, Aug. 1, 2000, at 3 (included as Letter 101 in FEIR, Volume IV) ("CDFG letter"). Chair Gage and Members of the Board of Supervisors October 30, 2000 Page 3 Combined with efforts to allow safe passage of CTS across Junipero Serra Boulevard and to expand and protect the CTS population through the construction and maintenance of effective CTS breeding ponds (suggested in USFWS Letter at 3-5), the permanent conservation easements would provide mitigation measures essential to protecting the CTS. As we noted in our August 4tn comment letter, Stanford has demonstrated an apparent unwillingness to permanently dedicate land for the CTS. We remain concerned that notwithstanding efforts of the County to make a good faith response to the extensive and well-supported comments from USFWS and CDFG, Stanford may attempt to veto the conservation easements required by Option 3. Indeed, the FEIR itself seems to recognize Stanford's stubborn response when it admits that the conservation easements "may be difficult to obtain." FEIR, at 11-50. Nevertheless, the County has the authority to require Stanford's agreement to implement these mitigation measures as a condition for approval of the Community Plan. If Stanford remains inflexible, the County may -- and, given the clearly deleterious effect of the project on the threatened CTS population that USFWS and CDFG have identified, the County should -- deny the GUP. We are also deeply concerned that the County does not actually intend to approve these more stringent measures proposed by the USFWS and the CDFG, and as set forth in the FEIR, to mitigate impacts upon the CTS and sensitive plant species inasmuch as the GUP's Conditions of Approval do not reflect these more stringent provisions. Specifically, the CTS mitigation measures generally seem to reflect those proposed in Option 2, rather than the newly revised measures included in Option 3. Given the substantial evidence that federal and state agencies have provided to demonstrate that the Option 3 mitigation measures are necessary to mitigate impacts to biological resources to a less than significant level, the County should incorporate the measures contemplated in Option 3 in its Conditions of Approval. Nor do the Conditions of Approval reflect the measures identified by CDFG to mitigate impacts on sensitive plant species. Specifically, Condition J.5.a restates the DEIR's requirements for a pre-construction survey conducted at the beginning of the rainy season, rather than including the mitigation measure that would require multiple surveys performed during the rainy season. See FEIR, at 12-86. Similarly, Condition J.5.b does not include the FEIR's strict requirements for enforcing speed limits on construction vehicles. See FEIR, at 12-86. Condition K.I does not conform to revisions proposed in the FEIR in response to the CDFG letter regarding special-status plant Chair Gage and Members of the Board of Supervisors October 30, 2000 Page 4 surveys, buffers for special-status plant resources, and the translocation of special status plants. See FEIR, at 12-200 to 12-201. It is also important to note that certain provisions relating to Option 3 are ambiguous and must be clarified. Master Response 1 l in the FEIR notes that federal and state wildlife biologists request that "upland CTS habitat, including lands surrounding Lake Lagunita, the driving range for the golf course, the lower Knoll and vicinity, Gerona Triangle, the Lathrop District, and all open space between these locations and Lake Lagunita, be preserved in perpetuity by conservation easement or comparable mechanism." FEIR, at 11-49 (emphasis added). However, Mitigation Measure 13I0- I(a)(3) requires only that "Existing open space areas (upland summer refuge areas) at the Lower Knoll, Gerona Triangle, Lathrop District and existing open areas that connect these districts to the Lake Lagunita salamander breeding location shall be protected in perpetuity by a conservation easement or similar enforceable restriction." FEIR, at 11-51. To make certain that the conservation easements correspond to the USFWS and CDFG letters and the FEIR, we recommend that BIO-I(a)(3) be revised to state that ". . . all existing open areas that connect these districts to the Lake Lagunita salamander breeding location shall be protected in perpetuity. . . ." Finally, the County's Conditions of Approval contains some troubling language. In providing details on the required easement for the protection of the CTS, the Conditions state that, "Easements shall remain in effect until such time as . . . the species becomes extinct." Condition J.1.b. (Attachment d, at 17). The very purpose of the mitigation measures is to protect the CTS from extinction; it makes no sense, and indeed seems quite perverse, to reward Stanford for the species' extinction by allowing the easement to P expire. If the species becomes extinct, it will be due in part to the failure of P the mitigation measures for this CPCGUP. If the species' extinction on Stanford's lands is indeed a possible result of the Community Plan, then the mitigation measures must be further revised and made more protective. Rewarding Stanford for the failure of its mitigation measures creates a disincentive for Stanford to make its best efforts to protect the CTS. This language should be stricken from the Conditions for Approval. PP For the reasons set forth above, the Committee For Green Foothills requests that the County delay further consideration of the Community Plan and General Use Permit until deficiencies in the Draft and Final EIRs are remedied in a manner that fully Chair Gage and Members of the Board of Supervisors October 30, 2000 Page 5 complies with CEQA and the Community Plan is revised to include land use intensity standards in compliance with the State Planning and Zoning Law. Very truly yours, SHUTE, MIHALY & WEINBERGER LLP LAUREL L. MPETT, AICP Urban Planner RACHEL B. HOOPER cc: Planning Commission, Santa Clara County Paul Romero, Director of Environmental Resources Agency, Santa Clara County Ann Draper, Planning Director, Santa Clara County Mayor and City Council Members of Palo Alto Ed Gawf, Director of Planning, Palo Alto Mayor and City Council of Menlo Park Janet Dolan, City Manager, Menlo Park Mayor and Town Council Members of Portola Valley George Mader, Town Planner, Portola Valley Craig Britton, General Manager, MROSD Margaret Roper, Department of Fish and Game Denice Dade, Committee For Green Foothills P:\CGF\CP\LLI009.WPD SHUTE, MIHALY 8 WEINBERGER LLP ATTORNEYS AT LAW E. CLEMENT SHUTE. JR 396 HAYES STREET OSA L. ARMI MARK 1. WEINBERGER SAN FRANCISCO, CALIFORNIA 94102 LISA T. BELENKY MARC B. MIHALY. P.C. MARK A. FENSTER FRAN M LAYTON TELEPHONE: (415) 552-7272 KATHERINE A. TRISOLINI RACHEL B. HOOPER FACSIMILE: (415) 552-5616 BRIAN A. SCHMIDT ELLEN J. GARBER - CHRISTY H TAYLOR WWW.SMWLAW.COM LAUREL L. I AICP URBAN PLANNER TAMARA S. GALANTER ELLISON FOLK ELIZABETH M. DODD RICHARD S. TAYLOR OF COUNSEL SUSANNAH T. FRENCH WILLIAM J. WHITE JOSEPH E JARAMILLO ROBERT S. PERLMUTTER November 2, 2000 Chair Brohan and Members of the Planning Commission Santa Clara County County Government Center 70 West Hedding Street San Jose, CA 95110 Re: Final Environmental Impact Report for the Carnegie Foundation Research/Office Facility Dear Chair Brohan and Members of the Planning Commission: We submit this letter on behalf of the Committee For Green Foothills (the " comments on the Final Environmental Impact Report "FEIR" Committee to provide comme p ("FEIR") P P for the Carnegie Foundation Research/Office Facility (hereinafter "Carnegie project" or "project"). After thoroughly reviewing the FEIR, it is our position that the document fails to resolve the myriad legal deficiencies raised in our June 30, 2000 submission to the County and therefore fails to comply with the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code § 21000 et seq.; the CEQA Guidelines, California Code of Regulations, title 14, § 15000 et sew. ("CEQA Guidelines"). Of critical importance, the FEIR, like the DEIR, fails to identify and analyze a reasonable range of project alternatives. Nor does the document resolve fundamental issues relating to mitigation of impacts upon the California Tiger Salamander. In addition to the legal inadequacies in the EIR, it is our view that the County cannot approve the Carnegie project inasmuch as the Santa Clara County General Plan is legally inadequate in a manner which implicates the proposed project. As a result, approval of the proposed Carnegie project would be in violation of the Planning and Zoning Law, Government Code § 65000 et M. These issues are explained below. i i i Chair Brohan and Members of the Planning Commission November 2, 2000 Page 2 1. The FEIR, Like the DEIR, Fails to Identify and Analyze a Reasonable Range of Project Alternatives. In contrast to the DEIR, the FEIR recognizes that a core campus site option could meet several of the project objectives, including those relating to the stated need to be located in an academic environment in close proximity to a major university. FEIR at S-3. It is also undisputed that development of the Carnegie facility in a core campus location would eliminate the project's significant impacts upon the California Tiger Salamander, a candidate species for federal listing under the Endangered Species Act. FEIR at 369. While the FEIR now contains a cursory discussion of a core campus alternative, it stops short of providing a full and meaningful, analysis apparently because Stanford steadfastly refuses to permit development of the Carnegie Facility on the core campus. FEIR at 29 and 369. The FEIR's failure to present a complete evaluation of this alternative violates CEQA's core requirement that an EIR's discussion of alternatives must focus on options capable of avoiding or substantially lessening the adverse environmental effects of a project, "even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly." CEQA Guidelines § 15126.6(b). The alternatives to be discussed need not be identical to, or even substantially similar to the project as originally described by the applicant, so long as they can be accomplished within a reasonable period of time, taking into account economic, environmental, social and technological factors. Citizens of Goleta Valley, 52 Cal.3d at 553, 574 (1990). Here, the County concedes that a core campus site alternative would actually be consistent with j several of Stanford's project objectives. The County must revise the EIR to include a thorough and meaningful analysis of this project alternative. 2. The FEIR Fails to Provide an Adequate Analysis of Measures That Would Mitigate Impacts Upon the California Tiger Salamander to a Level of Insignificance. The FEIR fails to adequately analyze mitigation for the California Tiger Salamander ("CTS"). The U.S. Fish and Wildlife Service has determined that a 3:1 mitigation ratio (or a minimum of 4.5 acres) is required to fully protect the CTS from impacts resulting from the proposed project. FEIR at 18. The FEIR references another option, of restoring 1.5 acres of degraded, former CTS habitat, but its efficacy and feasibility and even its location is uncertain. Chair Brohan and Members of the Planning Commission November 2, 2000 i Page 3 Thus, the County's proposed findings contemplate mitigation for the CTS that is highly ambiguous in that it envisions an indefinite acreage of land in an unknown location that would be included in a habitat protection easement. Specifically, the County's proposed CEQA Findings state that a combination of an easement (or other enforceable restrictions) over existing and degraded habitat would total between 1.5 and 4.5 acres of land. See Exhibit E, proposed CEQA Findings to the November 2, 2000 Staff Report. Because the County is deferring a decision on the specific acreage and location of the easement(s) to subsequent negotiations with the U.S. Fish and Wildlife Service and the California Department of Fish and Game, and because the restoration option has not been adequately assessed in the FEIR, the public and decision makers have no way of knowing whether impacts upon the CTS will be mitigated to an insignificant level. 3. The Carnegie Project Cannot Be Approved in the Absence of A Legally Adequate General Plan. Under California law, a local government's general plan serves as the "constitution for future development" within that jurisdiction, with which all subordinate land use decisions (e.g., zoning ordinances, subdivision map approvals, and other approvals) must be consistent. See, e.g., DeVita v. County of Napa, 9 CalAth 763, 773 (1995); Gov't Code §§ 65454, 65860, 66473.5. The general plan consists of a statement of development policies, including text and diagrams setting forth objectives, principles, standards, and plan proposals. Each general plan must show proposed land uses for the jurisdiction's entire planning area and must contain seven elements, including (among others) a land use element, housing element, and circulation element. Gov't Code § 65302. The Legislature has mandated certain requirements for each of the general plan elements. Specifically, the land use element must contain a statement of the standards of population density and building intensity for each district. Gov't Code § 65302(a); Twain Harte Homeowners Association v. County of Tuolomne, 138 Cal.App.3d 664, 698-99 (1982). The purpose underlying these requirements is that the general plan's text and diagrams and, in particular, the density ranges must be specific enough to provide guidelines for making necessary consistency determinations. Gov't Code § 65302(a). The County's General Plan fails to comply with these mandatory requirements. Specifically, the General Plan does not contain standards of population _I I li Chair Brohan and Members of the Planning Commission November 2, 2000 Page 4 density and building intensity for its Open Space and Academic Reserve ("OS/AR") land use designation, in which the proposed Carnegie project is located. Under well-established case law, the necessary implication of this legal deficiency is that the County may not lawfully grant any discretionary land use entitlements for the Carnegie project since a "nexus" exists between the proposed Carnegie project and the General Plan's legal inadequacy. Garat v. City of Riverside, 2 Cal.AppAth 259, 293 (1991); j Neighborhood Action Group v. County of Calaveras, 156 Cal.App.3d H 76 (1.984). In Kings County Farm Bureau v. City of Hanford, 221 Cal.App.3d 692 (1990), for instance, the court invalidated a building permit based on a general plan inadequacy analogous to the defect in the present case. Similarly, in Neighborhood Action, the court held that the issuance of a conditional use permit was beyond the county's authority because the noise element of the county's general plan was legally deficient. 156 Cal.App.3d at 1186-89; see also City of Carmel-by-the-Sea v. Board of Supervisors, 137 Cal.App.3d 964 (1982) (holding a use permit void based on inadequacy of general plan). As a result of the General Plan's failure to contain these necessary land use standards, it is simply not possible for anyone outside of the Stanford administration to know in advance what the appropriate or likely density and intensity standards are for any particular parcel in OS/AR lands. There could be no better example of the need for a General Plan to contain these standards than the Carnegie project. Rather than provide any specific standards, the General Plan text simply states that "low intensity academic uses" are allowed within the OS/AR land use designation. As would be expected, there is considerable debate as to what constitutes a "low intensity use." Indeed, numerous members of the public commenting on the Carnegie DEIR expressed concern that the Carnegie project should not be considered a "low intensity" use. FEIR at 13. The FEIR concedes that it has no definition of"low intensity use" but must apply "professional tannin practice and standards" in its review of projects. Id. Thus, any determination planning P J by the agency as to whether a development project is consistent with the General Plan appears to be entirely arbitrary. Even if the County were to delay consideration of the Carnegie project until the County adopts the proposed Community Plan, the General Plan would still be legally inadequate inasmuch as the proposed Community Plan also does not contain standards of population density and building intensity. Instead of providing the required standards, the proposed Community Plan inappropriately defers to the General Use Permit. The fact that this information is included in the General Use Permit does not release the County from its obligation to include intensity and density standards in its General Plan. Chair Brohan and Members of the Planning Commission November 2, 2000 Page 5 3. Conclusion For the reasons set forth above, the Committee For Green Foothills requests that the County defer action on the proposed Carnegie project until such time as an EIR is prepared that complies with CEQA and the County adopts legally adequate General Plan land use standards. Yours truly, SHUTE, MIHALY 4,WEINB RGER LLP RACHEL B. HOOPER LAUREL L. IMPETT, AICP Urban Planner RBH/LLI:kc cc: Joe Simitian, Supervisor, Santa Clara County Planning Commission, Santa Clara County Paul Ramero, Director of Environmental Resources Agency, Santa Clara County Ann Draper, Planning Director, Santa Clara County Mayor and City Council Members of Palo Alto Ed Gawf, Director of Planning, Palo Alto Mayor and City Council of Menlo Park Janet Dolan, City Manager, Menlo Park Mayor and Town Council Members of Portola Valley George Mader, Town Planner, Portola Valley Craig Britton, General Manager, MROSD Margaret Roper, Department of Fish and Game Denise Dade, Committee For Green Foothills P:\CGF\CARNEG1E\LL1006.WPD ----- Original Message ----- From: Patrick Murphy <patrick.murphy&militM-inc.com To: <mrosd@openspace.org Sent: Tuesday, October 31, 2000 3:44 PM Dear members of the MROSD board, I have read with great concern of the proposed closures to bicycles of several preserves within MROSD lands. I am also extremely troubled by the proposed future reductions in bicycle mileage throughout the district. Responsible mountain biking is an environmentally sound recreation that should enjoy equal access to these and all trails. No one should be shut out of tranquil nature experiences, especially mountain bikers, who comprise the majority of trail users on these public lands that you manage. Please reject this proposed discrimination against off-road cyclists. Several studies have also been done that indicate that bikes cause significantly less damage to trails that Equestrian riding and are most likely on par with hikers, however this issue is seldom addressed. Please do what you can to end this discrimination against cyclists. Equal access is the only fair solution. Thanks for your time and consideration, Patrick J. Murphy Inside Sales Representative Military.com 415-433-0999 x420 pmurphy@military-inc.com > ----- Original Message ----- > From: James McElwee <jmcelweegwestonpresidio.com> > To: <mrosdgopenspace.org> > Sent: Tuesday, October 31, 2000 9:35 AM > Subject: Please do not remove the Eucalyptus Trees at Pulgas Ridge Please do not remove the Eucalyptus trees at Pulgas Ridge We value your efforts to preserve the open space on the Peninsula but the removal of these trees seems unnecessary and not a good use of the money of your donors. Thanks James McElwee Redwood City Page I of 2 Main Identit From: Roger and Leslie Myers <rl.myers@home.com> To: <mrosd@openspace.org> Cc: Lori Raymaker<docent@openspace.org>; Mike Vandeman <rnjvande@pacbell.net>; Anne Koletzke <akoletzke@openspace.org>; Bob Clay<bobcl@lycos.com>; Bill Korbholz <bill@ korby.com>; Lucy Martineau <olucy@ix.netcom.com> Sent: Sunday, October 22, 2000 11:24 AM Subject: Dangerous Close Encounter with Mountain Bikers I wish to report for the record a highly dangerous and nearly injurious encounter with two careless and inconsiderate mountain bike riders that I and three fellow hikers experienced yesterday while hiking at Monte Bello Open Space Preserve. This is, regretably, just the latest in a series of similar encounters I have personally experienced over my more than 22 years hiking on District trails. We were hiking north up the steep section of the Canyon Trail immediately south of its junction with the Waterwheel Creek trail. Two mountain bikers screaming down the Canyon Trail from the north came hurtling around a bend right in front of us, forcing us to leap out of their path and nearly off the trail entirely. Had the trail not fortuitously been wide enough at that point to accomodate vehicles, we would have been sent spawling off the edge into the underbrush. They made no observable attempt to either slow down or apologize for the accident their recklessness had nearly caused. They didn't even look back. Had we been with a group of small children, one or more of them would have been seriously injured, possibily killed. If we had been with a group of more elderly and frail hikers, one or more of them would have been seriously injured, possibly killed. It is my opinion that incidents like this demonstrate how inappropriate and potentially deadly it is to allow mountain bikes on the same, often narrow trails occupied by pedestrians, not to mention the slow moving or basking wildlife that has no chance to avoid getting crushed beneath the speeding wheels of this machinery that has no place on a wilderness trail, especially in a natural preserve. While the riders of this hi-tech, hi-speed machinery have just as much right as the rest of us to enjoy the trails, they have no right to bring their demonstrably dangerous, ecologically destructive, and tranquility-shattering machinery with them. It degrades and endangers the experience for all other trail users, results in deplorably accelerated trail erosion, and poses and ecologically indefencible threat to the wildlife and habitats the District has been mandated and entrusted to restore, protect and preserve. 10/26/00 Page 2 of 2 Roger Myers Redwood City 10-22-2000 P.S. Mountain bike organizations such as Responsible Organized Mountain Peddlers (ROMP) will claim that they teach and encourage proper trail etiquette for all their members and that banning mountain bikers from Preserves is discriminatory and punishes the responsible majority for the actions of a small rogue minority. They treat off-road cycling as an inalianable right instead of a carefully considered and cautiously applied privilege, contingent on and consistent with resource protection. What they fail to recognize or admit is that it is their bikes that are being considered to be banned from the Preserves, not citizens who also ride mountain bikes. No discrimination is involved. Also, I do not intend to imply that all mountain bikers are reckless and inconsiderate. In my experience, only about 10% of the off-road cycling community is misusing or abusing the current privilege to bring their bikes onto some Preserve trails. But that 10%, for the most part, does not belong to any mountain bike organization, does not care to answer to any authority, and does not generally feel that they can be held accountable to anybody for anything. As long as bikes continue to be allowed on any unpaved trails, that rogue 10% will continue to abuse the privilege and continue endangering wildlife, habitat, as well as the remainder of the trail-using public. Only by banning all mountain bikes from all unpaved trails will it be possible to better ensure resource protection and make it easier for enforcement staff to recognize, apprehend, and otherwise disuade violators. The current policy, unchecked and unregulated, will have long-reaching and severely injurious effects upon the sensitive ecology, habitats, and wildlife of the Preserves and will result in ever-accelerating damage to the trails and ever-increasing danger and degradation of the wilderness experience to other trail users. 10/26/00 Regional Open *ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 25, 2000 Honorable Rich Gordon Member, San Mateo County Board of Supervisors 401 Marshall Street Redwood City, CA 94063 Dear Rich: Congratulations on a well-deserved award from the California Association of Local Agency Formation Commissions, in recognition of your achievements as outstanding commissioner for your superlative work on the Coastal Advisory Committee. The Midpeninsula Regional Open Space District particularly appreciates your extraordinary leadership. In your role as Chair of the Coastal Advisory Committee, you demonstrated extraordinary community relations spirit and skills. With the utmost clarity and professionalism,you guided the Open Space District and constituents through sixteen meetings, from February of 1999 to January of 2000. You exemplified dedication to constituents' interests by orchestrating and tirelessly conducting consensus-building meetings. You also demonstrated the vision to identify open space preservation as an issue worthy of your and community members' considerable efforts. The District has been honored by the integrity, professionalism, and positive approach you brought to the Coastal Advisory Committee. Thank you, again, and congratulations! - Sincerely, (�`� Kenneth C. Nitz /President, Midpeninsula Regional Open Space District Board of Directors KN/shj Cc: MROSD Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail: mrosd®openspace.org • Web site:www.openspace.org ft-zi Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Page I of I Main Identity From: Joe Davis <jdavis@rangestar.com> To: <mrosd@openspace.org> Sent: Thursday, November 16, 2000 11:45 AM Subject: The Board We would like to see a representative from the Skyline Area on the Board. Mike Hasslet would make an excellent choice. Presently the communities surrounding a vast majority of the open space in the foothills, have no representation on the board. Joe Davis Resident, Portola Heights. 11/17/00