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HomeMy Public PortalAbout20010509 - Agendas Packet - Board of Directors (BOD) - 01-11� Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-11 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p. m. Wednesday,May 9, 2001 330 Distel Circle Los Altos,California AGENDA* Please Note: 6:30 p.m. Closed Session Start Time j 7:30 p.m. Regular Meeting Start Time 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. 1. Conference with General Counsel - Existing Litigation - Government Code Section 54956.9(a) Name of Case - Richmond vs. Saratoga Highlands et al. Santa Clara Superior Court Case No. CV86195. 2. Conference with General Counsel - Existing Litigation - Government Code Section 54956.9(a) Name of Case - DeNevi vs. California Department of Transportation et al., Sacramento County Superior Case 01CS00557. 3. Conference with General Counsel - Anticipated Liti ag tion - Government Code Section 54956.9(b) Significant Exposure to Liti ag t, ion - One Case. 4. Conference with Real Property Negotiators-Government Code Section 54956.8 Real Property-Upper Bear Creek Redwoods Open Space Preserve, Santa Clara Assessor's Parcel Number 544-50-001;Timber Harvest Plan No. 1-00-137-SCL, Major Amendment No. 4 Ag_enc�Ne otg iator- Craig Britton Negotiating Parties- Big Creek Lumber Company Under Negotiations-Price and terms of payment for timber rights 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public SPECIAL ORDER OF THE DAY Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending and Honoring Roger Myers for his Exemplary Volunteerism as a District Docent 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 REEs, Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz •Genera/Manager:L.Craig Britton Meeting 0 1-11 Page 2 ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR—P. Siemens APPROVAL OF MINUTES • February 14, 2001 • February 28, 2001 BOARD BUSINESS 7:50* 1 Progress Report on the Habitat Restoration at Pulgas Ridge Open Space Preserve; Receive and Comment on the Progress Report for the Pulgas Ridge Open Space Preserve Habitat Restoration Project—J. Isaacs 8:20* 2 Authorization to Contract for Vegetation Mapping Services at La.Honda Creek Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act Based on the Findings Contained in this Report;Authorize the General Manager to Execute an Agreement with Aerial Information Systems in an Amount Not to Exceed$15,500 to Provide Detailed Vegetation Mapping Services at La Honda Creek Open Space Preserve—M. Freeman 8:30* 3 Proposed Addition of Santa Clara County Tax-Defaulted Properties to Various District Preserves,As Follows: A. Proposed Addition of Santa Clara County Tax-Defaulted Pezzoli Property to Kennedy Limekiln Area of Sierra Azul Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentatively Adopt the Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve; Indicate Intention to Withhold the Property from Dedication as Public Open Space at this Time—T. Fischer B. Proposed Addition of Santa Clara County Tax-Defaulted Kadluboski Property to El Sereno Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentatively Adopt the Preliminary Use and Management Plan Recommendations,Including Naming the Property as an Addition to El Sereno Open Space Preserve;Indicate Intention to Withhold the Property from Dedication as Public Open Space at this Time—M. Williams C. Proposed Addition of Santa Clara County Tax-Defaulted Maridon(6.25%Interest) Property to Monte Bello Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Adopt the Attached Resolution Authorizing the Purchase of the Santa Clara County Tax-Defaulted Properties(Pezzoli,Kadluboski ,and Maridon 6.25%Interest)as Attached for Agenda Items 3a, 3b, and 3c; Tentatively Adopt the Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to Monte Bello Open Space Preserve; Indicate Intention to Withhold the Property from Dedication as Public Open Space at this Time—T. Fischer 4 Authorization to Purchase Four Fire Pumpers for District Patrol Vehicles from Cascade Fire; Determine that Cascade Fire is the Lowest Responsive Bidder and Authorize the General Manager to Execute a Purchase Contract with Cascade Fire for Four Fire Pumpers for District Patrol Vehicles at a Total Cost of$35,340.84—D. Topley Meeting 01-11 Page 3 *** REVISED CLAIMS 8:50* INFORMATIONAL REPORTS—Brief Reports or announcements concerning pertinent activities of District Directors and Staff. 9:15* 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 from the Consent Calendar during consideration of the Consent Calendar. Resolution No. 01-14 Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending and Honoring Roger Myers for his Exemplary Volunteerism as a District Docent WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District recognizes the crucial role that docents play in sharing the natural wonders of the open space preserves with the public; and WHEREAS,the District has, from its inception,attracted only the best,the brightest, and the most knowledgeable people to its docent programs; and WHEREAS, in 1979, Jimmy Carter was President,punk rock was replacing disco,the 49ers drafted Joe Montana, and, most importantly,Roger Myers joined the District as a docent; and WHEREAS, in his remarkable 22 years as a docent,Roger has led over 100 hikes and educated thousands of people about such topics as earthquakes, Santa Cruz Mountains geology, reptiles and amphibians, and other subjects,and during that time he often called upon two of his closest friends, Snidely the Icing Snake and Mr. Toad,to help explain various natural resources to his hike participants; and WHEREAS,early on,Roger created and led amusingly-named hikes such as, "Spumoni? Rigatoni?No it's...Tafoni!" and, in what later became known as his"alliteration"period, he developed such hikes as, "Reptile Ramble," and "Amphibian Amble," followed by a period of less-than-successful hikes with names such as, "Skunk Scat Saunter,""Wild Pig Promenade,"and the near-disastrous,"Cow Pie Lie;"and WHEREAS,Roger continually exhibited a rare willingness and enthusiasm in helping to train other docents,was passionate about trail-use issues and spent many hours at board meetings expressing his views, and has been a great resource for the District's Natural Resources Database in identifying reptiles and amphibians that are Present on the District open ace reserves,and t overwhelming WHEREAS,despite his great success as a docent, over g accolades he has received from his hike participants and other docents, and the friends he has made at the District, Roger has decided to move to Montana and relinquish his duties as a District docent. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby commends and honors Roger Myers for his exemplary duty as a 22-year District docent, for his seemingly endless energy and enthusiasm for engaging and educating the public about open space and its resource values,and for his dedication to the ideals of the District and its land conservation programs. Adopted by the Board of Directors May 9, 2001 I Regional Open ice ! 1 --------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-04 REGULAR MEETING BOARD OF DIRECTORS February 14, 2001 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:30 p.m. Members Present: Jed Cyr,Nonette Hanko, Larry Hassett, Deane Little (7:39 p.m.), Ken Nitz, and Pete Siemens. Members Absent: Mary Davey. Staff Present: Craig Britton, Deirdre Dolan, John Escobar, Sue Schectman, Cathy Woodbury, Dennis Dart, David Topley, Matthew Freeman, Stephanie Jensen, Michael Williams, and John Cahill. II. ORAL COMMUNICATIONS -None. III. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 5 to 0. Director Little arrived at 7:39 p.m. IV. ADOPTION OF CONSENT CALENDAR C. Woodbury said claim#1240 was for demolition on three properties at Sierra Azul. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including Minutes of the October 25, 2000 Regular Meeting; agenda item 5, Scheduling of a Special Meeting of the Board of Directors on Wednesday, February21 2001 beginning at 7:30 .m.• and Revised Claims 01-03. L. g g p Hassett seconded the motion. The motion passed 6 to 0. V. BOARD BUSINESS A. Agenda Item No. 1 - Donation of Two Surplus District Vehicles to Stevens Creek Volunteer Fire Department; Determine that the Donation of Two District Pick-up Trucks, Which are Scheduled to be Declared Surplus Property, Will 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, Larry Hassett,Kenneth C.Nitz ®Genera(Manager:L.Craig Britton Meeting 0 1-04 Page 2 Further the Purposes of the District; Authorize the General Manner to Proceed with the Donation - (Report R-0 I-17). D. Topley outlined staff s recommendations. John Shafer, Fire Chief, talked about the experience of working on District land. He described the training they had. L. Hassett said he was a former member of Skyline Fire Department and it was always a struggle to get equipment. He was concerned about the District logo remaining on the trucks. D. Topley said all District identification would be removed. Board members agreed that the potential benefit to the District outweighed the amount the District could get for the trucks at auction. They were informed that there were no tax implications. Motion: J. Cyr moved that the Board determine that the donation of two District pick up trucks, which are scheduled to be declared surplus property, will further the purposes of the District, and authorize the General Manager to proceed with the donation. D. Little seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2 -Tentative Adoption of an Amendment to the Use and Management Plan for Russian Ridge Open Space Preserve to Open the Ridge Trail to Bicycles•, Tentatively Adopt Amendment to the Use and Managemen Plan for Russian Ridge Open Space Preserve Designating the Ridge Trail Between the Hawk Trail Junction and Rgplev Ranch Road as a Multi-Use Trail; Determine that the Proposed Actions are Categorically Exempt from the California Environmental Quality Act(CEOA) Based on the Findings of this Report—(Report R-0 I-19). D. Dart reviewed the staff report, noting that staff anticipated a March 1, 2001 opening, if tentative entative approval is given tonight. Discussion followed regarding potential erosion and parking problems. C. Britton said the photo monitoring would provide a photo essay to show what changes occur. He said the new owner of the adjacent property is a mountain bicyclist. Regarding the proximity of the trail to private property, C. Britton said it had been worked out with the owner. Patti Ciesla thanked the Board for the opportunity to collect real measurable data and talked about monitoring. She passed out an illustration of a device to measure the trail surface. She encouraged the District to add a data-gathering component to the monitoring. Meeting 01-04 Page 3 Rod Brown, 11124 La Paloma Drive, Cupertino, President of ROMP, thanked the Board. C. Britton said he did not think this could be a comprehensive monitoring, and lacked scientific parameters. Henry Pastorelli, 1207 Lisa Court, Los Altos, Vice President of ROMP, said because this is a scenic and mostly level trail, it will give novice riders the opportunity to enjoy the trail. Shane Reed noted that the mood at this meeting was open minded and positive. He thanked the District. Motion: N. Hanko moved that the Board tentatively adopt an amendment to the Use and Management Plan for Russian Ridge Open Space Preserve Designating the Ridge Trail between the Hawk Trail Junction and Rapley Ranch Road a Multi-Use Trail; and Determine that the Proposed Actions are Categorically Exempt From the California Environmental Quality Act(CEQA) Based on the Findings of the Staff Report. K. Nitz seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3 - Approval of Access Easement and Maintenance Agreement for Proposed Connor Property Addition to Russian Ridge Open Space Preserve; Adopt Resolution Approving the Access Easement and Maintenance Agreement with the Connor Trust for Rapley Road to Complete the Acquisition of a Portion of the Connor Property as an Addition to the Russian Ridge Open Space Preserve —(Report R-01-21). M. Williams said this formalizes a road agreement in the manner it would have been handled if there were strictly a road maintenance issue. He noted that this is a private road primarily used by the adjacent quarry. The quarry currently maintains the road because they are by far the most frequent users. S. Schectman said the District has immunity on its land for injuries to recreational users. She said if the property owners cannot reach agreement,the code section cited in the agreement states that an arbitrator can assign proportional cost according to use. M. Williams said the agreement is recorded with the property so it would remain in effect if the Connors sell the rest of the property. He said they know the District is interested in purchasing the remaining property. He thought the District would be given first opportunity to buy. He said there are about 167 acres left, containing a density of nine lots. Meeting 0 1-04 Page 4 N. Hanko noted that there is a wildlife corridor of some interest on the property. She said she would like to look forward to the possibility of extending the Ridge Trail on the Audubon Society land. Motion: J. Cyr moved that the Board adopt Resolution No. 0 1-04, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Officer to Execute the Access Easement and Maintenance Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Russian Ridge Open Space Preserve—Lands of Connor). N. Hanko seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 4 -Award of Contract for Improvements to the Administrative Office Building at 330 Distel Circle, Los Altos; Authorize the General Manage to Enter into a Contract with Bay Construction Services, Inc., of Hayward, California in the Bid Amount of$144,157, Plus a 10% Contingency Amount, for a Total Contract Amount Not to Exceed$158,573 for the Improvements to the District's Administrative Office Building—(Report R-0 I-18) J. Cahill outlined staff recommendations. He said he was comfortable with the low bidders, in spite of the substantial difference between bids. Motion: L. Hassett moved that the Board authorize the General Manager to enter into a contract with Bay Construction Services Inc. of Hayward, California in the Bid Amount of$144,157, Plus a 10% Contingency Amount, for a Total Contract Amount Not to Exceed $158,573 for the Improvements to the District's Administrative Office Building at 330 Distel Circle in Los Altos. K. Nitz seconded the motion. The motion passed 6 to 0. VIII INFORMATIONAL REPORTS K. Nitz: 1. While hiking at Windy Hill, he noticed that the hydro seed was one near the Kabcenell bridge. C. Britton said staff would follow up. 2. He asked if there could be a press release on the donation of the trucks to the fire district. N. Hanko: 1. She asked the Board to be thinking of ideas for the District's 30th anniversary celebration. 2. She had enjoyed being a guest at J. Cyr's anniversary dinner. 3. She had a call from the San Mateo Daily seeking comments on the blueprint for San Mateo County trails. She told them she could see the opportunity for connections to the coast so she had spoken in favor of annexation of the coast. 4. C. Woodbury informed her that staff had just received the East Palo Alto revitalization plan, part of which includes the Ravenswood business district. 5. She was informed that the District was still subscribing to the Half Moon Bay Review, noting that a recent edition carried a number of articles about POST acquisitions. • Meeting 01-04 Page 5 L. Hassett: 1. He said he enjoyed the day at the State of the District event. 2. He talked about the solar electric system project at Palo Alto Hardware. I Cyr: 1. He said the District needed to seriously consider the potential of solar electric for its building. 2. He also enjoyed the State of the District event. He said the message was a tremendous complement to staff on what they had accomplished. 3. He had an article regarding the trial of the person involved in B. Crowder's death. D. Little noted that he had encountered cyclists on trails they were not supposed to be on at Black Mountain. P. Siemens commented on the State of the District event, noting that it was good for Board members and other staff to see what has been accomplished. C. Britton: 1. He noted that D. Dolan's resignation was contained in the FYIs. 2. He said the Bay Area Open Space Council regional conference will be held March 9. 3. He passed out the agenda and packets for the meeting for the following Wednesday. 4. The FYIs contained a letter from Santa Clara County clarifying its position on the Denevi matter. 5. He commented on the State of the District event. C. Woodbury reported on the status of the Atwood project on Overlook Drive. VII. ADJOURNMENT At 9:15 p.m.,the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 01-03 Meeting 01-04 Date: Feb. 14, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1l Amount Name Description 1185 516.99 All Laser Service Printer Service and Cartridges 1186 650.00 Appraisal Research Corporation Appraisal Services 1187 33.13 AT&T Telephone Service 1188 526.19 Avaya Financial Services Telephone Installment&Service 1189 73.13 Barron Park Supply Co. Field Supplies 1190 15.54 The Bicycle Outfitter Patrol Bike Accessories 1191 160.00 BMI Imaging Systems Microfiche Machine Repair 1192 53.40 Cabela's Uniforms 1193 2,028.00 California Conservation Corps Habitat Restoration Crew 1194 7.54 Mark Casaretto Reimbursement-Uniform 1195 82.47 Continuing Education of the Bar Resource Documents 1196 54.55 Contemporary Engraving Co., Inc. Name Plate Engraving 1197 318.42 Costco Wholesale Office, Field and Volunteer Supplies 1198 31.32 CSK Auto, Inc. Vehicle Maintenance Supplies 1199 5,764.01 Emergency Vehicle Systems Vehicle Equipment 1200 18.69 Film to Frame Film Developing 1201 128.38 Goodco Press, Inc. Permit Printing 1202 40.98 Hanson Permanente Cement, Inc. Baserock 1203 380.00 Hertz Equipment Rental Backhoe Rental 1204 354.48 Jodi Isaacs Vehicle and Supply Reimbursement 1205 575.00 Johnson&Associates Technical Assistance-Classifications 1206 2,150.00 Tamara Kan Non-Native Plant Assessment&Training 1207 1,290.00 Liebert Cassidy Whitmore Membership-Employment Relations 1208 111.20 Los Altos Garbage Company Garbage Service 1209 1,140.75 Lanier Worldwide, Inc. Copy Machine Lease& Supplies 1210 750.00 Merwin Mace Acquisition Consultant Services 1211 88.98 Brian Malone Reimbursement--Film 1212 103.91 Minton's Lumber&Supply Field Supplies 1213 50.00 National Association for Interpretation Recruitment Advertisement 1214 258.64 Northern Energy Propane Service 1215 624.00 Office Team Public Affairs Temp 1216 193.04 Pacific Bell Telephone Service 1217 8.95 Loro Paterson Reimbursement-Uniforms 1218 72.26 Peninsula Blueprint Printing Services 1219 62.73 Pinecone Lumber Co., Inc. Field Supplies 1220 27.54 PIP Printing Business Card Printing 1221 22,633.06 Rana Creek Habitat Restoration Habitat Restoration-Russian Ridge 1222 7.92 Rancho Ace Hardware&Garden Shop Field Supplies 1223 723.43 Redwood General Tire Co., Inc. Tires 1224 354.00 Russ Enterprises, Inc. Signs 1225 3,000.00 Reserve Account-Pitney Bowes Postage 1226 1,035.45 Roy's Repair Service Vehicle Maintenance&Repairs 1227 88.50 Safety-Kleen Solvent Tank Service 1228 4,224.00 San Jose Conservation Corps. Dump Clean-up-Siena Azul 1229 926.96 San Jose Mercury News Recruitment Advertisement 1230 10.00 *1 San Mateo County Public Health Lab Tick Testing 1231 1,200.00 Dick Seever DBA Land Management Resource Feral Pig Control Services 1232 47.98 Signs of the Times Signs Page 1 Claims No. 01-03 Meeting 01-04 Date: Feb. 14, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1233 55.12 Stevens Creek Quarry, Inc. Baserock 1234 2,648.94 Swanson Hydrology& Geomorphology Sierra Azul Hydrologic Assessment 1235 861.90 Sycamore Associates, LLC Consulting Biologist 1236 254.77 Tadco Supply Janitorial Supplies 1237 412.50 Therma Corp. HVAC Services 1238 725.70 Thornton Electric Company Electrical Repair Services 1239 130.00 Terminix International Pest Control Service 1240 15,000.00 *2 Mike Tobar Excavation Demolition Services 1241 525.84 Minh Tran Reimbursement-Computer Supplies 1242 225.00 Verio Internet Provider 1243 108.23 M. Douglas Vu Vehicle Expense 1244 768.04 West Group Payment Center Legal Resource Documents 1245 123.12 West Group Payment Center Legal On-line Service 1246 100.00 *3 Wilds Things Inc. Native Animal Presentation 1247 300.00 Roberta Wolfe Recording Services 1248 200.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill Parking Lot 1249R 908.58 Home Depot Field Supplies 1250R 464.00 Sequoia Analytical Water Testing 1251R 6,000.00 Navarone Mailing Services Postage-Newsletter&Outdoor Activities 1252R 449.97 Petty Cash Local Business Meeting Expense, Vehicle Mileage, Volunteer&Docent Supplies, Copy Services, Field and Office Supplies *1 Urgent Check Issued February 5, 2001 *2 Urgent Check Issued February 6, 2001 *3 Urgent Check Issued February 2, 2001 Total 75,434.68 Page 2 F Regional Open ., - we --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 0 1-06 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS February 28, 2001 MINUTES SPECIAL MEETING I. ROLL CALL President Pete Siemens called the meeting to order at 7:07 p.m. Members Present: Jed Cyr, Mary Davey,Nonette Hanko, Larry Hassett,Deane Little, Pete Siemens, and Ken Nitz. Members Absent: None. Staff Present: Craig Britton, Sue Schectman, John Escobar, and Mike Williams. II. CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session for a conference with real property negotiator. The Board recessed to Closed Session at 7:07 p.m. and the Closed Session commenced at 7:07 p.m. The Board concluded the Closed Session at 7:30 p.m. REGULAR MEETING 111. P. Siemens called the Regular Meeting to order at 7:34 P.M. and noted that no reportable actions had taken place in Closed Session. Additional Staff Present: Cathy Woodbury, Stephanie Jensen, John Maciel, Deirdre Dolan, Gordon Baillie, and John Kowaleski. IV. ORAL COMMUNICATIONS -There were none. V. ADOPTION OF AGENDA Motion: K.Nitz moved that the Board adopt the agenda. M. Davey seconded and the motion passed 7 to 0. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org •web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz •General Manager:L.Craig Britton Meeting 0 1-06 Page 2 VI. ADOPTION OF CONSENT CALENDAR Staff answered questions regarding claims 1299 and 1272. Motion: M. Davey moved that the Board adopt the Consent Calendar, including Minutes of the November 15, 2000 Special and Regular Meetings and the December 13, 2000 Regular Meeting; agenda item 5,Authorization to Solicit Bids for Roof Repair at the Administrative Office Building at 300 Distel Circle, Los Altos, CA; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Out in This Report; Authorize Staff to Solicit Bids for Roof Repairs to the Northerly Side of the Administrative Office Building; and Revised Claims 01-04. K. Nitz seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 —Adopt the Resolution Accepting a$12,000 Donation from Peninsula Open Space Trust, Allocating the Donation for Materials and Equipment for the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve, and Expressing the District's Appreciation of Peninsula Open Space Trust and the Private Donors of These Funds - (Report R-01-06). S. Jensen outlined staff s recommendations. N. Hanko asked if it would be appropriate to send a letter to the donors. C. Britton said POST had done that. Motion:. M. Davey moved that the Board adopt Resolution No. 0 1-05, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting a Donation of$12,000 from Peninsula Open Space Trust(POST), Allocating Those Funds Exclusively for Materials and Equipment for the David C. Daniels Nature Center, and Expressing the Board's Gratitude and Appreciation of POST and its Donors. D. Little seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2—Annual Progress Report on Ranger Bicycle Patrol Program for Calendar Year 2000—(Report R-0 1-24) G. Baillie reviewed the staff report, noting that the hours are down a little from last year. Staff has purchased a new bicycle. He said there have been no negative comments regarding the program. J. Cyr added that he hoped staff could increase the program. Meeting 01-06 Page 3 Motion: N. Hanko moved that the Board accept the informational report on the ranger bicycle patrol program. J. Cyr seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3—Annual Progress Report of Radar Patrol Program for Calendar Year 2000—(Report R-01-23). G. Baillie presented the staff report, stating that staff tries to concentrate in areas where there are a lot of bicycle riders. N. Hanko noted that legislation making it more costly for violations is being proposed. M. Davey commented that she hoped ROMP would put the information from the report in their newsletter. Motion: M. Davey moved that the Board accept the informational report on the Radar Program. L. Hassett seconded the motion. Discussion: Rod Brown, President of ROMP, said he was encouraged by the fact that in problem areas they see the vast majority obeying the rules. The number of people using trails has increased. J. Escobar said that in selecting the sites for radar staff wants to have an area with a good line of sight. J. Kowaleski said the main reason people gave for speeding was that they did not realize they were going that fast and violators were mostly inexperienced riders. In addition, mountain bikes do not ordinarily have speedometers. Vote: The motion passed 7 to 0. D. Agenda Item No. 4—Field Enforcement Activity for 2000 and Ten-Year Field Activity Summary—(Report R-01-08). G. Baillie presented the staff report and stated that the number of acts of vandalism is still an issue of concern and cost. The variations in the numbers could be due to the weather or staff being in the right place. He explained which violations fall into the misdemeanor category. J. Escobar asked that the Board keep in mind that staff may only be making contact with 10 percent of users, and maybe only 2-3 percent at night. It is a matter of visibility. He said committing more enforcement at night would be very expensive and would take rangers away from positive contacts during the day. J. Maciel said that in the near future, staff will be looking at focusing on certain time periods. Meeting 01-06 Page 4 Regarding the numbers increasing in 1999, G. Baillie said it was a natural continuation and that it would be interesting to see if this is a trend. J. Escobar said he was not sure it is a real spike in activity as staff were using a different way of counting. Rod Brown commented that it would be interesting to compare night riding to after hour's activity in general. He noted that the majority of violators were not bicyclists. On the positive side, accidents were down. He said smart riders wear helmets. He asked if any thought had been given to requiring helmets for equestrians. K.Nitz and D. Little agreed it might be a good idea. C. Britton said he would check to see if anyone else has such a rule. J. Escobar said there would be land use revisions in September. Motion: N. Hanko moved that the Board accept the 2000 Miscellaneous Enforcement Activity Summary and the Ten-Year Field Activity Summary. J. Cyr seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS M. Davey had attended the introduction event for the photovoltaic system at Director Hassett's Palo Alto Hardware, and for which he had received recognition. N. Hanko said she had been invited to receive an honor for B. Crowder at the Bay Area Open Space Council conference. L. Hassett had attended the Special Districts conference in Monterey and it was wonderful. C. Britton and J. Escobar also attended. J. Cyr announced the birth of a new granddaughter. C. Britton: 1. LFPAC had reviewed AB 953. Marin County is interested in adding to it. The bill includes changes to increase the amount of the General Manager's spending authority and changes to exchange provisions. 2. He said one of the most important parts of the Special District meeting was getting to know new Board members. 3. He took D. Topley to look at the Palo Alto Hardware system and he will look at the program for this building. He had been told to wait as there will be many incentives coming out of Sacramento within the next six months. 4. The coastal team met and will be coming back with the schedule for the draft EIR and fiscal study. 5. D. Dolan's going away lunch is tomorrow at Hidden Villa. 6. Friday is the last meeting with employee representatives to look at the changes to the Workplace Enhancement Program. He will give the Board a copy of the final document. S. Schectman reported that the Santa Clara County Board of Supervisors voted to deny Mr. Denevi's application for a use permit for a golf course on the Bear Creek Redwoods property because of an inadequate EIR, and because he did not have an interest in the property. Meeting 01-06 Page 5 J. Maciel commented on the amount of work G. Baillie did to put together the three reports presented at this meeting. He said K. Hart and field staff had also worked on them. J. Escobar said the final leadership and supervisory training for the Operations Program is tomorrow at Hidden Villa. S. Jensen: 1. She thanked L. Hassett for the invitation to the event and for leading the way. 2. She is putting together an article for the Chronicle and asked if anyone had a clear photograph of children participating in the Spaces and Species Program. 3. She announced that Kristi Webb had been hired (promoted) as the Public Affairs Specialist. IX. ADJOURNMENT At 8:43 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 01-04 Meeting 01-06 Date: Feb. 28, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1253 658.26 Acme&Sons Sanitation Sanitation Services 1254 61.25 American Red Cross Resource Documents 1255 68.07 AT&T Telephone Services 1256 986.35 Avaya Financial Services Telephone Services &Lease 1257 897.00 Judy Basich Road Agreement-Crazy Pete's Road 1258 74.97 Craig Beckman Reimbursement--Conference Expense 1259 255.96 BMI Imaging Systems Microfiche Service& Repair 1260 345.00 Bills Towing&Recovery Towing Services 1261 215.90 Bowerman Electric Enterprise Rental-Electric Repairs 1262 415.00 Building Abatement Analytics Asbestos Abatement Services 1263 139.59 Butler's Uniforms Uniforms 1264 140.00 California Park&Recreation Society Membership Renewal 1265 281.00 California Water Service Company Water Service 1266 348.00 Camino Medical Group Medical Services 1267 216.46 Cascade Fire Equipment Company Fire Pumper Parts 1268 82.47 Continuing Education of the Bar Resource Documents 1269 449.67 Cole Supply Company Janitorial Supplies 1270 330.00 California Parks Conference Regis.-J.Smith,C.Sparks-Hart,S.Hooper 1271 100.00 *1 Department of Health Services-Water Tech Program Regis.-G.Kem and S. Hooper 1272 1,989.47 Design Concepts Graphic Designs-Misc. Projects 1273 44.00 Brendan Downing Reimbursement--EMT/Fingerprint Services 1274 129.00 Emergency Vehicle Systems Vehicle Repairs 1275 178.00 Environmental Career Opportunities Recruitment Advertisement 1276 14.76 Film to Frame Photography Services 1277 1,353.89 Firestone Tires 1278 16.44 Foster Bros. Security Systems, Inc. Key Duplication 1279 113.36 G&K Services Shop Towel Service 1280 178.00 Geoline Positioning Systems, Inc. Memory Card for GPS Unit 1281 58.75 GreenInfo Network Map Design& Production 1282 589.80 GreenWaste Recovery Inc. Dumpster Service 1283 676.21 HMB Building&Garden Inc. Field Supplies 1284 225.00 Hidden Villa Facility Rental-Ops Leadership Mtg. 1285 562.87 Hyster Sales Company Equipment Rental 1286 90.98 IKON Office Solutions Legal Fees 1287 604.26 Interstate Traffic Control Products Barricades 1288 730.08 Jeda Publications, Inc. Printing Services 1289 129.60 Matt Ken Reimbursement--First Aid Supplies 1290 650.61 Kinko's Printing Services 1291 235.00 Kitterman Truck Body Vehicle Hitch Repair 1292 72.00 Kwik Key Lock&Safe Co., Inc. Lock Repair 1293 685.20 Lanier Worldwide, Inc. Copier Machine Lease 1294 336.22 Los Altos Garbage Company Garbage Service 1295 29.95 Brian Malone Reimbursement-Office Supplies 1296 194.27 MCI Worldcom Long Distance Telephone Service 1297 604.80 MetroMobileCommunications Radio Battery 1298 2,400.00 Edward C. Mirch Instructor-Leadership Academy 1299 2,210.00 North American Title Company Title& Escrow Fees 1300 1,000.00 *2 North American Title Company Acquisition Deposit 1301 1,000.00 Office Team Office Temp Service Page 1 Claims No. 01-04 ` Meeting 01-06 Date: Feb. 28, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1302 485.47 Office Depot Credit Plan Office Supplies 1303 1,394.28 Orchard Supply Hardware Field Supplies 1304 1,130.13 Pacific Bell Telephone Service 1305 6,390.40 Panko Architects Office Improvement Architects 1306 255.05 Pitney Bowes Credit Corp Postage Meter Lease 1307 405.00 Pearson Vehicle Maintenance 1308 32.40 Peninsula Blueprint Printing Services 1309 214.82 Pine Cone Lumber Co., Inc. Lumber 1310 14.41 Pringle Tractor Co. Tractor Parts 1311 420.59 Progressive Technologies, Inc. Body Armor 1312 21.40 Rancho Hardware Field Supplies 1313 1,042.03 Roy's Repair Service Vehicle Maintenance&Repairs 1314 212.85 San Jose Mercury News Advertisement--Office Improvement Bids 1315 2,600.00 Richard Seever DBA Land Management Resource Feral Pig Control Activities 1316 236.84 Skywood Trading Post Fuel 1317 1,200.00 Slaght Living Trust Ranger Residence Agreement 1318 58.99 Sandy Sommer Reimbursement--Software 1319 276.24 Stevens Creek Dodge, Inc. Vehicle Repairs 1320 367.39 Steven's Creek Quarry, Inc. Road Repair Materials 1321 253.80 Summit Uniforms Uniforms 1322 755.55 Tadco Supply Janitorial Supplies 1323 7.50 The Cities Association Resource Document 1324 627.96 Tires On The Go Tires 1325 105.30 *3 Tony& Albas Business Meeting Expense 1326 54.94 David Topley Vehicle Expense 1327 2,000.00 USA Hydroseeding BCR Demolition Hydroseeding 1328 1,516.92 United Rentals Equipment Rental 1329 296.00 Verio/Best Internet Internet Provider 1330 60.60 Verizon Wireless Messaging Services Pager Service 1331 300.00 Roberta Wolfe Recording Services 1332 59.92 Xpedite Systems, Inc. Fax Broadcast Service for Press Releases *1 Urgent Check Issued February 23, 2001 *2 Urgent Check Issued February 23, 2001 *3 Urgent Check Issued February 15, 2001 Total 45,964.25 Page 2 Regional Open S 'ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-59 Meeting 0 1-11 May 9, 2001 AGENDA ITEM AGENDA ITEM Progress Report on the Habitat Restoration at Pulgas Rid Open ce Preserve GENERAL MANAGER'S RECOMMENDATION Receive and comment on the progress report for the Pulgas Ridge Open Space Preserve habitat restoration project. BACKGROUND Habitat restoration of Pulgas Ridge Open Space Preserve has been a priority since the District acquired the initial property in 1983. In 1994 a comprehensive restoration plan was written for the preserve and in 1995 the implementation of the plan was first identified in the Planning Department's Action Plan and approved with a budget of$10,000 (see Report R-95-29, R-95-31). In 1998 the Pulgas Ridge Habitat Restoration Project was moved to the Operation Department's Action Plan and approved with a budget of$15,400 (see Report R-98-37, R-98-40). By 1999, commitment to the project increased, and it was elevated to a key project with an approved budget of$26,000 (see Report R-99-52, R-99-50). The increased budget doubled the restoration activities by staff, California Conservation Corps (CCC) members, and volunteers. This fiscal year the project remains a key project with much staff focus. The $30,000 budget approved this fiscal year for restoration activities included contracting with the CCC and a local nursery (see Report R-01-45). The objective of the habitat restoration efforts at Pulgas Ridge Open Space Preserve, consistent with the resource management mission statement and policies, is to return the preserve to a more natural environment that has higher habitat value for wildlife and provides for uses of the preserve consistent with resource protection. The habitat restoration at Pulgas Ridge is a phased project, planned to continue at least through the year 2017 (a 20-year program). Each phase is multi-year and focuses on a discreet management area to selectively remove targeted non-native species. The three main goals of habitat restoration at Pulgas Ridge are to: 1) Enhance the natural values of the preserve by replacing invasive, non-native vegetation with native species; 2) Create an environment for self-sustaining native vegetation, that will require little or no maintenance in the long-term; and 3) Use cost-effective implementation and disposal methods for non-native species removal. 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 =E-E Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton R-01-59 Page 2 DISCUSSION As can be seen from reviewing the attached list of staff activities at Pulgas Ridge Open Space Preserve over the past eighteen years, there is a trend from producing reports and analyzing the restoration needs in the early years, to more action oriented activities such as removing non-native plants and planting native species in recent years. In 1985, the former Hassler Health Home was demolished and a revegetation plan was produced. Over the following years, staff and consultants produced inventories and reports with recommendations regarding eradication of non-natives in disturbed areas, native plant revegetatation, coast live oak restoration, soil tests, and identification of archeological and historical resources. All of these reports provided information enabling staff to make educated management decisions and to produce the comprehensive Habitat Restoration Plan for Pulgas Ridge Open Space Preserve in 1994 and a revised version in 1999. Restoration activities have focused on removal of non-native, invasive species coupled with planting of native species. The main non-native species targeted for removal include acacia (Acacia sp.), eucalyptus (Eucalyptus sp.), and broom species (Genista monspessulana, Cytisus scopatius, C. Striatus, and Spartium junceum). Revegetation efforts of native species have included experimental plantings of purple needlegrass (Nassella pulchra) and coast live oak (Quercus agfifolia), planting plugs of blue wildrye (Elymus glaucus), California brome (Bromus carinatus), and squirreltail (Elymus multisetus), and seeding with the District's native seed mix which includes various grass and wildflower species. Seeds for the seed mix and grass plugs were collected from many District preserves, including Pulgas Ridge. Site monitoring has shown that both removal and revegetation efforts have been successful. Most notable is the elimination of acacia trees. Many seedlings remain and will continue to sprout, but there are no longer any seed-producing trees at this time. Staff, with volunteers and CCC, have also significantly reduced many broom populations, and have reduced the number of eucalyptus trees by approximately 25%. The planted grass plugs are thriving, measuring 8" tall; about 10% of the planted oaks seedlings are growing; and a significant number of grass and wildflower seedlings are evident from seeding efforts. Removal of non-native species has also encouraged the natural regeneration of native species. Staff has noted visible increases in the natural regeneration of native species including coast live oaks, toyon, coyote brush, chamise, wild rose, sticky monkeyflower, manzanita, yerba santa, and native wildflowers in restoration areas. Habitat restoration at Pulgas Ridge has been a focus for staff for many years. Their knowledge gained throughout these years has lead to more effective and efficient restoration actions. Staff carefully selects non-native trees and non-native broom populations for removal and devotes many hours to working with volunteer groups and the CCC. Over the past 12 years, staff and countless volunteers have spent over 2,500 hours on restoration efforts such as removing broom, pulling new sprouts of acacia and eucalyptus, and planting native grasses. More recently (from 1997-2000), Foothills crew, especially Open Space Technician M. Bankosh, spent approximately 50 days working with the CCC to fell and R-11-19 Page 3 remove downed trees and slash to preserve the aesthetics of the preserve during the restoration activities. Additionally they have worked six of the eleven resource management days at Pulgas Ridge, targeting non-native species removal. Ranger K. Miller has spent approximately 170 hours over the past four years monitoring the restoration sites, removing non-native target plants, leading volunteer events, planting and monitoring oak trees, and conducting experiments on the best removal methods. This commitment and dedication of staff and volunteers have been essential to the current level of success at Pulgas Ridge. Future restoration activities will be a continuation of previous efforts, and will include: removing broom plants and seedlings; removing eucalyptus trees (in phases); monitoring and removing acacia seedlings; collecting, growing and planting native species; monitoring the success of native plantings; and eventually, removing secondary invasive, non-native species such as fennel, vinca, and prickly pear cactus. For fiscal year 2000-2001, staff will work with volunteers and CCC to remove broom, acacia, and eucalyptus seedlings from previously treated areas; remove the small eucalyptus trees closest to the native vegetation; and then in the winter plant native chaparral species in areas where non-native plants have been removed. With Board support, habitat restoration at Pulgas Ridge will continue until the once severely disturbed site is converted to a self-sustaining complex of native vegetation communities. This project represents the true meaning of the District's resource management mission statement of restoring the diversity and integrity of its resources for their value to the environment and to people. SUPPORTING DOCUMENT Attached to this progress report is a timeline of activities at Pulgas Ridge from May 1983 to May 2001. This list was put together to include all existing documentation of activities at the preserve, plus reports and communications regarding the preserve over the past eighteen years. PUBLIC NOTIFICATION Meeting notices have been mailed to the neighboring property owners and interested parties of Pulgas Ridge Open Space Preserve. Prepared by: Sumudu Welaratna, Intern Jodi Isaacs, Resource Management Specialist Contact person: Same as above TIMELINE OF ACTIVITIES - PULGAS RIDGE May 1983—May 2001 1983 Purchase Price - $3.5 million District Staff Activities 5/6/83 MROSD—Acquired the 298 acre Hassler Health Home Property 1985 District Staff Activities summer85 MROSD—Demolition of Hassler Health Home 10/1/85 MROSD—produced Revegetation Plan for Hassler Health Home Property 1986 District Staff Activities 9/86 MROSD—produced soil analysis report 1987 District Staff Activities 8/18/87 District Staff—report to Board of Directors recommending adoption of the Comprehensive Use and Management Plan for Hassler Open Space Preserve 9/29/87 S. Tiniby—produced report on archeological and historical resources at Pulgas Ridge 1989 Volunteer Events 1989 Total Volunteer hours—75 (for I project) 1991 District Staff Activities 9/91 D. Hanchette, SF State University—produced report: The Eradication of Invasive Non- Native Plants and the Revegetation of Disturbed Areas at the Pulgas Open Space Preserve 1991 D.Hanchette, SF State University—produced Management Plan for Pulgas Ridge Preserve Volunteer Events 1991 Total Volunteer hours—50(for I project) 1992 District Staff Activities 5/3/92 C. Hankermeyer—made recommendations for yellow star thistle control 1992 C. Hankermeyer,San Jose State University—produced Plan for the Restoration of the Hassler Home Site Timeline of Activities at F. _.s Ridge from May 1983—May 2001 page 2 Volunteer Events 1992 Total Volunteer hours—55(for I project) 1993 District Staff Activities 1/22/93 C.Hankermeyer-established and monitored an experimental plot for native plant revegetation of Stipa pulchra(purple needelgrass)on the Hassler Home site 3/9/93 T. Corelli—prepared vegetation analysis report and flora species lists 3/15/93 C. Hankermeyer-established and monitored an experimental plot for native plant revegetation of Quercus agrifolia(coast live oak)on the Hassler Home site 8/29/93 C.Hankermeyer—produced report analyzing revegetation efforts,existing plant cover and soil tests for the Hassler Home Site at Pulgas Ridge Volunteer Events 1993 Total Volunteer hours—20(for 1 project) 1994 District Staff Activities 1/7/94 C.Hankermeyer—continued monitoring of oak revegetation and planted more seedlings on Hassler Home site 1/7/94 C. Hankermeyer—continued monitoring of purple needlegrass revegetation and planted more seedlings on Hassler Home site 3/31/94 The Habitat Restoration Group—produced Pulgas Ridge Open Space Preserve Restoration Plan 8/24/94 District Board meeting—agenda item:review restoration plan for Pulgas Ridge Open Space Preserve 9/10/94 C.Hankermeyer—final analysis of revegetation efforts,made recommendations for removing exotics Volunteer Events 1994 Total Volunteer hours— 165 (for 3 projects) Written Communications 4/21/94 From A. Cummings to R.Andersen—re:native plant restoration plans in denuded area 9/29/94 From A.Cummings to J.Kowaleski and J.Young—memo identifying and prioritizing exotic plant removal activities 1995 (1995/1996 budget - $10,000) District Staff Activities 3/1995 District Board Members—approve restoration at Pulgas Ridge as a project in action plan and approve a budget of$10,000 Volunteer Events 1995 Total Volunteer hours—343 (for 7 projects) 1996 (1996/1997 budget - $10,000) District Staff Activities 12/12/96 From Julie to J Annette,M. J.,J. Isaacs—Pulgas acacia removal project review Timeline of Activities at I-,-,,ds Ridge from May 1983—May 2001 page 3 Volunteer Events 3/15/96 Volunteer project—exotic plant removal and clean up,oak seedling planting,mapping and monitoring 1996 Total Volunteer hours—55(for 2 projects) 1997 (1997/1998 budget - $10,000) District Staff Activities 11/97 MROSD—visit with neighbors to listen to concerns,make adjustments 1997 District Staff—produce MROSD Invasive Exotic Plant Inventory, identifying types and locations of exotic plants at Pulgas Ridge CCC Work and Volunteer Events 9/1-30/97 California Conservation Corps(CCC)and two district crew members—eucalyptus and acacia removal,seeded area with Santa Cruz erosion mix 1997 Total Volunteer hours— 140(for 2 projects,including broom removal) 1998 (1998/1999 budget - $15,400) District Staff Activities 3/25/98 District Board Approval of budget increase for restoration activities 9/98 MROSD—Updates to Pulgas Ridge Restoration Plan Overview 12/9/98 District Board meeting—agenda item:authorization to amend contract with CCC for resource restoration services at Pulgas Ridge 12/30/98 District Staff—Perform study of bird use of eucalyptus 1998 District Staff—Initiated acacia control program,testing various removal methods for effectiveness 1998 Total hours for Ranger K.Miller—42(main focus on acacia and eucalyptus control and care for oak seedling-) CCC Work and Volunteer Events 2/9/98 CCC and two Crew-eucalyptus and acacia removal 11/2-9/98 CCC and two Crew-eucalyptus and acacia removal 11/30/98 CCC and two Crew-eucalyptus and acacia removal 1998 Total Volunteer hours—144(for 2 projects) Written Communications 1/5/98 From C. Hankermeyer to J. Isaacs—letter regarding revegetation activities of 1992-1994 7/26/98 From Mr.and Mrs.Fincher to B.Crowder—email expressing concerns over tree removal 8/10/98 From D. Patnode to Betsy Crowder—email expressing concerns over tree removal 8/13/98 From B.Crowder to Mr. and Mrs Fincher—in response to 7/26 letter explaining reasons for tree removal 9/10/98 From B.Crowder to D.Patnode—in response to 8/10 email explaining reasons for tree removal 9/14/98 From J.Neilsen to J. Isaacs—fax from Neilsen,Education Director and Filoli Gardens, requesting 30 Eucalyptus trunks from upcoming tree removal at Pulgas Ridge 9/27/98 From F.Endicott to MROSD—email expressing approval of Eucalyptus removal,and requesting letter from MROSD explaining merits of tree removal to get city permit to remove eucalyptus on private property 9/29/98 From E.Dethlefsen to J. Isaacs—letter against eucalyptus removal 10/14/98 From J. Isaacs to Board of Directors—Memo on meeting with Brittan Heights Homeowners to gain support for tree removal at Pulgas Ridge Timeline of Activities at Pt.-_,s Ridge from May 1983—May 2001 page 4 10/20/98 From J.Neilsen to J. Isaacs—fax from Neilsen,Education Director and Filoli Gardens, finalizing plans for donation of Eucalyptus logs 11/12/98 Petition received from S.Boyd-opposing removal of eucalyptus trees 11/13/98 Anonymous poet—"Ode to the Midpeninsula Regional Open Space District'against eucalyptus removal 11/16/98 From E.Dethlefsen to B. Crowder—letter regarding concerns about MROSD habitat restoration plan 11/30/98 From B.Crowder to E.Dethlefsen—response to 11/16 letter explaining the purpose of eucalyptus removal 11/30/98 From V. Sparling to MROSD—letter expressing approval of eucalyptus removal 12/3/98 From S. Boyd to C. Brittan—letter regarding concerns about MROSD habitat restoration plan 12/15/98 From both L.Kofoed and J. Turner to MROSD—received memo describing reasons for tree removal and are now in agreement with the restoration plan 1999 (1999/2000 budget - $26,000) District Staff Activities 3/24/99 District Board members—approved budget increase for additional habitat restoration efforts 4/12/00 MROSD—Acquired 72.66 acre Benedetti Property,western edge of Pulgas Ridge Preserve 7/11/99 Foothills Crew—trail maintenance: trail brushing 8/23/99 District Staff—broom and acacia removal 9/l/99 District Staff—Began communications with California Woodfiber Corporation(CWC) and CCC for contracting the eucalyptus removal job 10/13/00 Foothills Crew—trail maintenance: winter preparation,whole access trail repairs,stream channel work 10/15/99 Staff working with CWC and CCC for this fall—check on electric line 11/1/99 District Staff—updated Pulgas Ridge Restoration Plan(from 1994),and restoration activities conducted by staff,CCC and volunteers tripled 11/1/99 Foothills Crew—eucalyptus removal l 1/22/99 Foothills Crew—trail maintenance:overhead pruning 11/29/99 District Staff-auger holes in preparation for volunteer project 12/1/99 Foothills Crew—restoration,tree planting,chip overhead brush 12/2/99 District Staff and San Francisco Water Department—conducted pothole testing for depth of the water lines on Pulgas Road to test for accessibility of large equipment required for contract with CWC,determined road is inaccessible for CWC 12/13/99 Foothills Crew—patch asphalt holes from pothole testing 1999 District Staff—Concluded acacia removal method project,found herbicide and weed wacking(with metal blade)were most effective 1999 Total hours for Ranger K.Miller—32.5(main focus on acacia and eucalyptus control and care for oak seedlings) CCC Work and Volunteer Events 3/20/99 Preserve Partners Volunteer Day—acacia,broom,and eucalyptus removal 3/24/99 Menlo School Volunteer Day—acacia removal 3/27/99 Community Impact Volunteer Day—broom and acacia removal 5/5/99 CCC and two Crew—preparing for unity days,cutting trees along line for removal, notice occurrences of native and non-native vegetation and abundance of insects and eggs 10/2/99 Community Impact Volunteer Day—removed brush piles,acacia and arundo 12/4/99 Community Impact Volunteer Day—caged and planted 160 oak seedlings 12/6-10/99 CCC and two Crew—cut and chip eucalyptus and acacia in management areas 1 and 2 1999 Total Volunteer hours—794(for 5 projects) Timeline of Activities at Pt.__ Ridge from May 1983—May 2001 page 5 Written Communications 1/4/99 From C. Britton to S.Boyd—response to 12/3/98 letter explaining the purpose of eucalyptus removal 11/9/99 From J. Isaacs to Neighbors and Friends of Pulgas Ridge Open Space Preserve—letter informing them of upcoming restoration activities 11/30/99 From C.Britton to E.Dethlefsen—response to his recent letter explaining purpose of the restoration activities 2000 (2000/2001 budget - $26,000) District Staff Activities 1/10/00 Foothills Crew—patch asphalt holes from pothole testing 4/6/00 Foothills Crew—split and remove down wood,stump treatment 6/28/00 Resource Management Day-Crew and staff—acacia removal in experimental area down to access road,some herbicide treatment of arundo and eucalyptus 8/14/00 Staff-notes that arundo needs spraying,there is a large resprouting of eucalyptus,and need to remove cages from dead oak trees 9/13/00 District Board Meeting—discussed authorization of contract with PAL to remove 30 eucalyptus trees,also a group spoke against tree cutting—see letter from C.Chaney 9/27/00 4 District Staff—measure,tag and map all eucalyptus trees over 10"DBH—and decide on thirty trees for removal 1015100 District Staff—posted public notification of tree removal on site 10/10/00 3 District Staff—inventory and map oak seedlings,collect seeds for propagation into seedlings to use for restoration with native shrubs after logging 11/13/00 Protect All Life Foundation(PAL),2 District Staff and Foothills Crew—remove 15 trees, chip and clean slash 11/14/00 PAL,2 District Staff and Foothills Crew—remove 15 trees,chip/clean slash 11115100 Resource Management Day—joint effort with Skyline and Foothills Crews and staff— site clean-up,remove slash and logs 11/22/00 Resource Management Day-Crew and staff—chip slash and cut firewood 12/11/00 Foothills Crew—cut and haul firewood Northwinds firewood in San Carlos 12/12/00 Foothills Crew—cut and haul firewood Northwinds firewood in San Carlos 12/13/00 PAL—milled eucalyptus delivered to Foothills Ranger Office,and pick up of remaining logs(>14"DBH)on site at Pulgas,Foothills Crew and CCC on site to cut and haul firewood to Northwinds,and chip slash 12/27/00 Resource Management Day-Crew and staff—site clean-up,remove slash and logs 2000 Total hours for Ranger K.Miller—44.5(main focus on acacia and eucalyptus control and care for oak seedlings) CCC Work and Volunteer Events 1/12-17/00 CCC and two Crew-eucalyptus and acacia removal 2/12/00 Volunteer event—pull broom and remove acacia 2/15/00 Volunteer event—gorse bush removal,acorn and seed plug planting 2/15-18/00 CCC and two Crew-eucalyptus and acacia removal,oak tree cleanup 4/12/00 Volunteer event—non-native species removal 8/8/00 Volunteer event—pull broom 10/17/00 Volunteer event—install switchback barricades 11/7/00 Volunteer event—pull broom 11/16/00 Foothills Crew and Volunteer event—clean slash,seed native grass 11/18/00 Volunteer event—pull broom 12/2/00 Volunteer event—clean slash,plant native grass plugs 12/11/00 CCC and Foothills Crew—wood chipping and cleanup 2000 Total Volunteer hours—550(for 9 projects) Timeline of Activities at Pu.,,as Ridge from May 1983—May 2001 page 6 Newspaper Articles 11/4/00 Redwood City Tribune—article"Controversy Brewing over trees on Pulgas Ridge" 11/4/00 San Mateo County Times—article"Pulgas Ridge trees slated for chopping" 11/14/00 San Mateo County Times—article"Preservation group begins felling trees despite protest" Written Communications 9/5/00 From J. Isaacs to Neighbors and Friends of Pulgas Ridge Open Space Preserve—letter informing them of upcoming restoration activities 9/6/00 From C. Chaney to Board of Directors—letter against tree cutting 9/7/00 From T. Williams to MROSD—letter against tree cutting 9/16/00 From E.Dethlefsen to P. Siemens—letter against tree removal 9/25/00 From S.Boyd to C. Britton—letter against tree removal 9/25/00 From E.Dethlefsen to B.Crowder—letter against tree removal 9/30/00 From C.Chaney to Board of Directors—letter against tree removal 10/12/00 From K.Nitz to S.Boyd—response to 9/25 letter explaining purpose of tree removal 10/12/00 From K.Nitz to E.Dethlefsen—response to 9/16 and 9/25 letters explaining purpose of tree removal 1.0/16/00 From K. Weidel to MROSD—email against eucalyptus removal 1.0/16/00 From H.Mueller to MROSD—email against eucalyptus removal 11/9/00 From C. Britton to E. Dethlefsen—response to his letter explaining purpose of tree removal 2001 (2000/2001 budget - $26,000) District Staff Activities 2/28/01 Resource Management Day-Crew and staff—remove acacia,eucalyptus and broom, note the seedlings from native seed mix spread last fall 4/26/01 Resource Management Day combined with Volunteer Event—Crew, Staff,Volunteers— exotic plant removal CCC Work and Volunteer Events 1/20/01 Volunteer event—pull broom 2/3/01 Volunteer event—pull broom 3/8/01 Volunteer event—pull broom 4/3/01 Volunteer event—pull broom 4/18/01 Volunteer event—pull broom 4/26/01 Volunteer event—italian thistle and eucalyptus removal 4/27/01 Volunteer event—italian thistle removal 2001 Total volunteer hours 420(for 3 events) I i Regional Open 5 Ice 1 1 I �...�� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I R-01-58 Meeting 01-11 May 9, 2001 AGENDA ITEM 2 AGENDA ITEM Authorization to Contract for Vegetation Mapping Services at Hon Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDAT S i 1. Determine that the project is categorically exempt from the Califo is Environmenta u I ty Act (CEQA) based on the findings contained in this report. 2. Authorize the General Manager to execute an agreement with Aerial Information Systems in an amount not to exceed $15,500 to provide detailed vegetation mapping services at La Honda Creek Open Space Preserve. DISCUSSION A key project in the fiscal year 2001-2002 Planning Work Program is the La Honda Creek Open Space Preserve Natural Resource Inventory. Development of a detailed vegetation map is a critical component of this inventory. As with the recent Sierra Azul Natural Resource Inventory, a La Honda Creek vegetation map can be utilized by biologists to prioritize locations for focused plant surveys to identify rare and endangered plants, if any. Detailed maps are essential in classifying wildlife habitats and to identify areas that may provide habitat for threatened and endangered wildlife species. The map would also facilitate potential grazing studies in the region. The proposed study area for this mapping project includes all of the La Honda Creek watershed plus adjacent open space lands in the upper San Gregorio Creek watershed (see Exhibit A). This area encompasses La Honda Creek, El Corte de Madera Creek, and Russian Ridge Open Space Preserves and surrounding private lands. Staff requested proposals from seven (7) firms that have the capabilities to produce maps of this detail. Aerial Information Systems (AIS) provided the low bid and the only proposal that met all of the project- mapping criteria. AIS produced a highly accurate vegetation map for the Sierra Azul Resource Inventory project. The associated GIS data was of exceptional quality and proved to be an extremely helpful reference layer for a number of consultants working on the project. The cost of their contract for this project is $15,500, which includes a five percent contingency for unanticipated costs or for production of extra copies of the final map. In the FY 2001-2002 budget, $20,000 is available for this project. In addition to the AIS contract, this amount includes funds to purchase the necessary aerial imagery, and to hire a local botanist to coordinate with staff and AIS to ground truth the draft maps and provide quality control. 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, Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton R- 1- Page 2 0 58 g AIS develops extremely detailed maps that organize separate vegetation types into an ecological classification developed by the California Native Plant Society. Their methodology includes interpretation of recent stereoscopic aerial imagery; field work to correlate the imagery with the actual vegetation types; and on-going coordination with staff to refine the maps based on field verification and ground truthing. Once the initial field work and aerial photo interpretation is complete, the vegetation data are transferred into GIS format and draft maps are produced. These are field checked to verify their accuracy and then final maps are produced. The GIS-based vegetation data can be easily updated as new information is collected in the field and, more importantly, they can be combined with other GIS data layers, such as slope or soils information, to facilitate resource management planning projects. Since the Sierra Azul Resource Inventory was initiated, other Bay Area park and open space agencies have adopted the same vegetation mapping standards utilized by AIS on that District project. Locally, both Santa Clara County Parks and the Golden Gate National Recreation Area (National Park Service) are mapping vegetation according to the California Native Plant Society standard. Because these mapping projects utilize the same standards and the data are stored in GIS format, vegetation and habitat information can easily be shared among agencies. As these projects are completed, planners will have an increasingly comprehensive and accurate understanding of the Peninsula's vegetation. By hiring AIS to map the vegetation in the La Honda Creek watershed, the District will be helping to fill a critical gap in this regional picture and will be making an important and lasting scientific contribution. CEOA COMPLIANCE Project Description This project consists of detailed vegetation mapping within the La Honda Creek watershed. The vegetation data will provide very useful baseline information and can be used to facilitate future resource inventory projects. CEOA Determination The District concludes that this project is categorically exempt from CEQA under Section 15306 of the CEQA Guidelines. Section 15306 exempts actions associated with information collection and resource evaluation activities. This project qualifies under Section 15306 as it will result only in the collection of regional vegetation data. Prepared by: Matthew Freeman, Open Space Planner II Contact person: Same as above La Honda Creek k .tershed Vegetation k .pping Project Area l �a r P se H� Te , , , .v 1 UI ' i L;. \ r G ee �h' irk �9orla C-��. �l� -I r \ ` ern e e ,w. I , r / i scadero C reek t Count Park - —1 Exhibit A 0 8000 16000 Feet ♦ �� Study Area Boundary - Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-49A Meeting 0 1-11 May 9, 2001 AGENDA ITEM 3a AGENDA ITEM Proposed Addition of Santa Clara County Tax-Defaulted Pe roperty to Kennedy Limekiln area of Sierra Azul Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS - 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. I 2. Adopt the attached resolution authorizing purchase of the Santa Clara County Tax- Defaulted Properties (Pezzoli, Kadluboski and Maridon 6.25% interest) attached to agenda item (3c). 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Kennedy Limekiln 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) At your December 20, 1995 meeting you adopted Resolution NO. 95-49 authorizing acceptance of a settlement agreement for the Pezzoli property(see Report R-80-33). Since that time, the Executor of the Estate has failed to comply with the terms of the settlement. Due to default on payment of property taxes, the property has become available through the County of Santa Clara's tax-default sale process. It is now recommended that the District exercise its right to purchase the property through the "Chapter 8"tax-default sale provision. The 34.11-acre property being considered for acquisition is located in unincorporated Santa Clara County near Mount Thayer east of Lexington Reservoir. The property has panoramic views of the adjoining lands of San Jose Water Company to the south and District lands to the west. It is one of the parcels required to eventually provide public access to Mount Thayer from a connection to Soda Springs Road. It has an old cabin and various outbuildings that appear to be in fair condition. An old road alignment traverses through the northeast portion of the property, then continues through private property before reaching District land and the top of Mount Thayer. The property is adjacent to the Kennedy Limekiln area of the Sierra Azul Open 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 [+� •»J ®FED Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton R-01-49A Page 2 Space Preserve and, together with other San Jose Water Company land, forms a major part of the headwaters and watershed of Los Gatos Creek. The topography is comprised of steep southwest facing slopes that drain into Hooker Gulch. Dense stands of scrub oak and madrone are characteristic of the upper flat area and transition to chaparral on the steep exposed slope. This acquisition is important in terms of protecting valuable wildlife habitat, watershed, scenic open space and the private road access rights leading towards Mount Thayer. Rosalie V. Valoff and her husband currently occupy the property. Mrs. Valoff is the Administrator of the Estate of John P. Pezzoli. The previous agreement settled all matters of the estate and the Valoff occupancy of the property; however, the obligation to pay property taxes were never fulfilled to allow closing of this transaction. Upon tax sale, the estate ownership will be extinguished. District staff has not made any arrangements as to the Valoff s occupancy after the tax sale. USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160 acre minimum lot size dependent on the average steepness of the property. The parcel is a legal house site. This is a primary access link to Mount Thayer and other District lands in the Sierra Azul Open Space Preserve. The parcel is rated in the District's Open Space Master Plan as having moderate composite open space values. It is important in terms of protecting watershed, wildlife habitat, scenic backdrop, and access to other parts of the preserve. Due to the current situation of the tax-default sale,District staff has not been able to make a recent inspection of the property. The condition of the house and structures will be thoroughly inspected at the earliest possible date. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Future proposed changes to land use will be subject to further environmental review and public input. Public Access: Closed to the public at this time. Name: Name the property as an addition to Kennedy Limekiln area of Sierra Azul Open Space Preserve. Structures: Postpone decision on the structures until after inspections are complete. R-01-49A Page 3 Signs: Install private property and preserve boundary signs where appropriate. Site Safety Inspection: A comprehensive inspection will be completed before the close of escrow. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. CEQA COMPLIANCE Project Description The project consists of the acquisition of a 34.11-acre parcel of land as an addition to Kennedy Limekiln area of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the nearby open space preserve. The land will be permanently preserved as open space, eventually opened to the public, and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. The project is exempt from CEQA under Article 5, Section 1506lb(3) in that there is no possibility that the activity in question may have a significant effect on the environment. Section 15301 exempts the continued operation of existing facilities. After staff inspects the structures, a recommendation of future use will be developed. Section 15304 exempts minor alterations to land. After staff inspects the structures, a recommendation of the future use will be developed. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The use and management plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure that R-01-49A Page 4 it will be preserved as public open space by incorporating it into the Kennedy Limekiln area of Sierra Azul Open Space Preserve. This acquisition qualifies under these five 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 & CONDITIONS The purchase price of the Santa Clara County Tax-Defaulted Pezzoli Property is $50,800, or approximately $1,490 per acre. As part of the tax sale process, the County must publish notice of the sale, which this will be an additional cost to the District. Since a recent inspection has not been completed, staff cannot comment on potential costs related to the condition of the site. The District will incur an additional $340 cost which will cover the County's cost of advertising the sale of the three Tax-Defaulted properties on this agenda. Budget Considerations 2001-2002 Budget for Land Acquisition New Land $20,000,000 New Land Purchased this year 17,050 Santa Clara Tax-Defaulted (Pezzoli)Property 50,800 Santa Clara Tax-Defaulted(Kadluboski) Property later on this agenda 7,500 Santa Clara Tax-Defaulted(Maridon) Property later on this agenda 3,000 Acquisition Budget Remaining $19,921 Z650 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. Prepared by: Thomas W. Fischer, Land Protection Specialist Michael C. Williams, Real Property Representative Map prepared by: Dennis Dart, Planning Technician Contact person: Thomas W. Fischer, Land Protection Specialist I � , Y1 III 1, Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-49B Meeting 01-11 May 9, 2001 AGENDA ITEM A AGENDA ITEM Proposed Addition of Santa Clara County Tax-Default Kadluboski Property to El Sereno Open Space Preserve GENERAL MANAGER'S RECOMMENDATILQ3� 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this Report. 2. Adopt the resolution authorizing the purchase of the Santa Clara County Tax-Defaulted Properties (Pezzoli, Kadluboski, and Maridon 6.25 interest) attached to agenda item (3c). 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this Report, including naming the property Yas an addition toEl Sereno Open en Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION(see attached maul The 10.10-acre Kadluboski property is located near the end of Bohlman Road in the Saratoga Foothills. The property is situated between El Sereno Open Space Preserve and Sanborn-Skyline County Park and connects the two public lands by sharing a common corner. Looking B hlman Road the densely wooded roe is one of a grout) of small private southward from o so P Y property rtY g I parcels that are perched on a very steep slope high above Lyndon Canyon. An unpaved road j passes through the southwest corner of the parcel, extending west to Lake Ranch Reservoir and east to Montevina Road. Portions of this road may someday provide a trail link between the Preserve and County Park as well as provide trail access from El Sereno to the proposed Bay Area Ridge Trail to be aligned along Lyndon Canyon. Acquisition of this property is most important in terms of providing a potential regional trail connection between El Sereno Open Space Preserve and Skyline-Sanborn County Park. In addition, the property will protect valuable wildlife habitat and the Lyndon Canyon watershed. 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 [6W== � E Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton R-01-49B Page 2 The property is bounded by Sanborn-Skyline County Park to the west and south, and private property to the north and east. The property's northeast comer is contiguous to the west boundary of the Open Space Preserve. The landscape is comprised of a mixture of chaparral and riparian vegetation. A densely wooded ravine bisects the parcel in the north-south direction and is characterized by a large stand of bay laurels. The property also serves as an important wildlife corridor due to the fact that the areas to the east and west of the parcel are more densely developed and interfere with wildlife movement. Access to the area is very limited due to the steepness of the terrain and inaccessibility of the road that passes through the southwest comer of the property. The road is owned by PG&E and is used to service high voltage transmission lines. It extends from Montevina Road to the Lake Ranch Reservoir that is located within Sanborn-Skyline County Park. The PG&E Road passes through many private parcels near Monetvina Road and is not open for public trail use. Although there are remnants of old roads descending through the property in the southerly direction, none of these apparently connected between Bohlman Road and the PG&E road. USE AND MANAGEMENT PLAN Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20-160 acre minimum lot size for residential development, based upon a slope density formula. The property is one legal parcel and has a potential density of one dwelling unit. For the purposes of residential development, access and the steepness of the terrain make the parcel very difficult to develop. The property is rated in the District's Open Space Master Plan as having a low composite open space value but is important in terms of providing a potential connecting trail between El Sereno Open Space Preserve and Sanborn-Skyline County Park. It is also important in terms of protecting watershed, wildlife habitat and scenic resources. The District's Regional Open Space Study indicates that there is a desirable trail connection between the Preserve and Park located in the vicinity of the property. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect upon recordation of the tax-defaulted deed and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Future proposed changes to land use will be subject to further environmental review and public input. R-01-49B Page 3 Public Access: Closed to public use at this time. Patrol: Seek permission to patrol across PG&E Road from Montevina Road. Dedication: Indicate your intention to withhold the property from dedication as public open space at this time. Name: Name the property as an addition to El Sereno Open Space Preserve. Signs: Install private property and preserve boundary signs where appropriate. Site Safety Inspection: Preliminary inspection is complete and no hazards were found; comprehensive inspection to be completed before the close of this transaction. CEEQA COMPLIANCE Proiect Description The project consists of the acquisition of a 10.10-acre parcel of land as an addition to El Sereno Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for El Sereno Open Space Preserve. The land will be preserved as open space, and maintained in a natural condition. QQA Determination The District concludes that this project will not have a significant effect on the environment. The project is exempt from CEQA under Article 5, Section 15061b(3) as there is no possibility that the activity in question may have a significant effect on the environment. 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 n and Management Plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure that it will be preserved as public open space by incorporating it into El Sereno Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and R-01-49B Page 4 Management Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS The Santa Clara County, Tax-Defaulted Kadluboski property is being acquired through Chapter 8 sale at a purchase price of $7,500, or approximately $743 per acre. A Chapter 8 Sale allows qualified public agencies to acquire Tax-Defaulted properties at the minimum bid amount set by the County tax collector without the necessity of a public auction. The District will incur an additional $340 cost, which will cover the County's costs of advertising the sale of the three Tax-Defaulted properties proposed for acquisition as a part of this agenda item. Budget Considerations 2001-2002 Budget for Land Acquisition New Land $20,000,000 New Land Purchased this year 17,050 Santa Clara Tax-Defaulted(Pezzoli) Property earlier on this agenda 50,800 Santa Clara Tax-Defaulted(Kadluboski) Property 7,500 Santa Clara Tax-Defaulted(Maridon) Property later on this agenda 3,000 Acquisition Budget Remaining $19,921,650 Controller M. Foster was consulted on these proposed acquisitions, and has indicated that, considering cash flow and account balances, funds are available for this property purchase. I Prepared by: Michael C. Williams, Real Property Representative Del Woods, Senior Acquisition Planner Graphics: Dennis Dart, Open Space Technician Contact person: Michael C. Williams, Real Property Representative i Regional Open 5 ice Aft MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-49C Meeting 01-11 May 9, 2001 AGENDA ITEM 3c AGENDA ITEM Proposed Addition of Santa Clara County Tax-Defaulted arid (6.25% Interest)Property to Monte Bello Open Space Preserve GENERAL MANAGER'S RECOMMENDATI 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 Santa Clara County Tax- Defaulted properties (Pezzoli, Kadluboski, and Maridon 6.25% Interest) as attached for agenda items 3a, 3b, and 3c. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Monte Bello Open Space Preserve. 4. Indicate your intention to withhold the property from dedication as public open space at this time. DESCRIPTION (see attached map) At your June 12, 1980 meeting you adopted Resolution No. 80-29 authorizing the purchase of the 169.48-acre Maridon property which consisted of two adjoining parcels, a 125.E-acre parcel and a 43.84-acre parcel (see Report R-80-13). The District acquired a 15/161h (93.75%) interest in this property. Because the whereabouts of one family member, owning a 6.25% interest in the property was unknown, the purchase was made from the remaining family members. In August 1991, the District acquired the remaining 6.25% interest in the larger 125.6-acre Maridon through Chapter 8 Tax-Default sale. The remaining 6.25% ownership interest in the � property smaller 43.84-acre parcel has now become available through the County of Santa Clara,s Tax- he District exercise its right to Purchase the Default sale process. Staff recommends that t remaining ownership interest through a"Chapter 8"Tax-Default sale provision. This 43.84-acre property is located in unincorporated Santa Clara County at the end of Stevens Canyon Road on the southwest facing slope of Monte Bello Ridge. It is bordered by Monte Bello Open Space Preserve to the west, and private property on the remaining three sides. Plant communities include chaparral, grassland and creek woodland. 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 Han ko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton E R-01-49C Page 2 The property contains a potential trail route from Monte Bello Ridge, and may provide additional future potential trail connections. This acquisition is important in terms of completing ownership of the property and protecting valuable wildlife habitat, watershed, and scenic open space. A recent inspection confirmed there are no improvements on the property. Some clearing of brush and grading has occurred in the property boundary area by an adjacent owner. Staff is researching this activity to confirm boundary locations. USE AND MANAGEMENT PLAN Planning Considerations The property is located within an unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160-acre minimum lot size dependent on the average steepness of 1 ' in the District'sen ace Master Plan as having high open theproperty. The arce is rated e 0 S PP p g g p space value. It is important in terms of protecting watershed, wildlife habitat, scenic backdrop, and potential future trail connections. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. Future proposed changes to land use will be subject to further environmental review and public input. Public Access: Open to the public. Patrol: Continue periodic patrol. Name: Name the property as an addition to Monte Bello Open Space Preserve. Signs: Private property and preserve boundary signs have already been 'installed where appropriate. i Site Safety Inspection: Comprehensive inspection is complete and no hazards were found; continue research into property boundaries and location of grading and clearing. Dedication: Indicate your intention to withhold dedication of the property as public open space at this time. R-01-49C Page 3 CEQA COMPLIANCE Project Description The project consists of the acquisition of a remaining 6.25% interest in a 43.84-acre parcel of land as an addition to Monte Bello Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Monte Bello Open Space Preserve. The land will be preserved as open space, and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA under Article 5, Section 15061b(3) in that there is no possibility that the activity in question may have a significant effect on the environment. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. The Use and Management Plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will accept fee interests in the property and maintain the open space character of the area. No new development is proposed as a part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Monte Bello Open Space Preserve. This acquisition qualifies 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 & CONDITIONS The Santa Clara County Tax-Defaulted Maridon 6.25%property intereset is being acquired through Chapter 8 sale at a purchase price of $3,000. A Chapter 8 Sale allows qualified public agencies to acquire Tax-Defaulted properties at the minimum bid amount set by the County tax collector, without the necessity of a public auction. The District will incur an additional $340 expense,which will cover the County's costs of advertising the sale of the three Tax-Defaulted properties proposed for purchase on this agenda. R-01-49C Page 4 BUDGET CONSIDERATIONS 2001-2002 Budget for Land Acquisition New Land $20,000,000 New Land purchased this year 17,050 Santa Clara Tax-Defaulted(Pezzoli)Property earlier on this agenda 50,800 Santa Clara Tax-Defaulted (Kadluboski) Property earlier on this agenda 7,500 Santa Clara Tax-Defaulted,(Maridon)Property 3,000 Acquisition Budget Remaining $19L9 21,650 Controller M. Foster was consulted on these proposed acquisitions, and has indicated that, considering cash flow and account balances, funds are available for this property purchase. Prepared by: Thomas W. Fischer, Land Protection Specialist Map prepared by: Dennis Dart, Planning Technician Contact person: Thomas W. Fischer, Land Protection Specialist RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT TO PURCHASE TAX- DEFAULTED PROPERTY, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT (MONTE BELLO OPEN SPACE PRESERVE—TAX-DEFAULTED PROPERTIES, SANTA CLARA 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 the terms contained in that certain Agreement to Purchase Tax-Defaulted Property between the Board of Supervisors of Santa Clara County, California and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by this reference made a part hereof, and authorizes the President or appropriate officers to execute the agreement on behalf of District. Section Two. The President of the Board or other appropriate officer is authorized to execute a Certificate of Acceptance on behalf of District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to Santa Clara County. 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 authorized to spend up to $2,000 to cover any miscellaneous costs related to the closing of this transaction. Section Five. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$61,300 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. Monte Bello Open Space eserve Proposed Maridon E % Aquisition - Area Map Re (I f 61 1 to B e, parse r r on rp P �se'd-Maridon� k u is i ti o n -� - -- 6.25 o terest (43.84 _ ---Stevens\C�eek CoUI]ty Park Lobner Acquisiti©rj e ,s Santa G'tara) Approved 3-14-01 r d6 \ t r ,�. ng ,,Open Space J ^1 ` ato a —-� V Exhibit 1 0 2000 4000 Feet County of Santa Clara C'0 Tax Collector County Governtncnt center, East Wing 70 West Hedding Street San Jose, California 951 10 TA C (408)808-7959 FAX 294-3829 AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY This agreement is made this V day of May, 2001, by, and between the Board of Supervisors of Santa Clara County, State of California, and Midpeninsula Regional Open Space District, pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. The real property situated within said county, hereinafter set forth and described in this agreement is tax-defaulted and is subject to the power of sale by the Tax Collector of said county for the nonpayment of taxes,pursuant to provisions of law. TERMS AND CONDITIONS It is mutually agreed as follows: 1. That as provided by Section 3800 of the Revenue and Taxation Code, the cost of giving notice of this agreement shall be paid by the PURCHASER. 2. That the PURCHASER agrees to pay the sum of $61,300.00 for the real property described in Exhibit "A" within 10 days after the date this agreement becomes effective. Upon payment of said sum to the Tax Collector, the Tax Collector shall execute and deliver a deed conveying Title to said property to Purchaser. 3. That said purchaser will not share in the distribution of proceeds from the sale. If all or any portion of any individual parcel listed in Exhibit "A" is redeemed prior to the effective date of this agreement, this agreement shall be null and void as to that individual parcel. This agreement shall also become null and void and the right of redemption restored upon the PURCHASER'S failure to comply with the terms and conditions of this agreement. Board of Supervisors: Donald F. Gage. Blanca Alvarado. Pete M(+Iugh, James T Beall Jr.. Liz Kiliss Countv EXCCLItiVC: Richard witteriberg The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for said agencies. ATTEST: Midpeninzuta Reginat Open Space DiztAict B (Purchaser) Pete Siemen,6, P)tuident Board o6 DiAectou APPROVED AS TO FORM AND LEGALITY Deputy County Counsel ATTEST: BOARD OF SUPERVISORS By SANTA CLARA COUNTY Clerk of the Board of Supervisors Date By By Deputy Chairman (seal) Pursuant to the provisions of Section 3795 of the Revenue and Taxation Code, the Controller approves the foregoing agreement this—day of Kathleen Connell, California State Controller B EXHIBIT "A" First Year Default Purchase Description Delinquent Number Price 351-39-003 6.25% 1987/88 351-39-003 $3000.00 (Legal Attached, A-1) 517-17-032 1994/95 517-17-032 $7500.00 (Legal Attached, A-2) 558-31-008 1992/93 558-31-008 $50,800.00 (Legal Attached, A-3) I PARCEL 003 EXHIBIT A I 5-- 002, All that certain parcel of land situate in the County of Santa Clara, State of Cali- fornia, described as follows: Lots 8 and 13 and the East 1/2 of the South- west 1/4 of section 30, Township 7 South of Range 2 West 6f M.D.M. errttr.rf art w r 1994 851- 39, o03 r++ Oiilei o►eow_itr3itsi[awa,',}'3'aii�TA".:eWA-'coWrOi.,i+uioRNld!vIC, rY as 351 39 - 134.10 Ac-) 1 140.09 AC, 14 P� . rL'.. 1 ;'�kf shhC 1 7• iLlq'1)r e f i�- n. +� allrTr /. - tic [ ;•i �.I 'F� `' ti •t �i.l. ..: � +.� 1.. i;• -r: { + 21 19— iY 1 �'+y�sr' �1y r F +� 1 --- � , I� • 400' �• O23 30. 1 t2 , �nuAe 1 ' t# 3 1C1 (i0.93 AC.) ' ti i, sALfy ac . t /e3T �f MIDPENIMSULA REGIONAL 16PU.'Skiij DISTRICT ; '� f'' �•, 1 � r i 1 � -- 1 'r{ (94.91 AC.) 1' 33 j yt �.t 9.23'G MAROLD MARIOON Zd 0' 1 1 9175%MIOPENINSULA REGIONAL . 7 OPEN ;PACE DIST. r' O 1 43,84 AC t f 3 0- a :.'r .i;'aFf))cf{i!};�C�k+�'(;�S1;f.l2Y/!�'!''• ?;;f•�:,->", Ra 1 0/!IC[ OP COUMTT.A99999011'-'9AMTA CLAP 01I77 CA4/011M14 0 aV r ,;1•, 4 a 6 4 MIBIT A — 2 To: Tax Collector's Office Legal Description for APN: v -/�7 TRA: 61 `—� City: County- Prepared by: " /Lis Date: Assessor's Office County of Santa Clara EXHIBIT A — 2 �,J1C ha o "i-ea er {�uate n- unttof nta Clara;•State of•California, escribed'as follows. �. . 'THEMSOUTH41E5T.ihe`•-qi�'a` _ -~ ` '(SW# of:the SE# of.'the S rod` t6;Southirest one-quarter :1 ), of,Sectio► Twent3�louP {24 Township Eight (8) South, Range 'Twin .(2j`West'o ,the Morin DiablCF�Ba, c�,•andiMe dlancl rr� rr CONTAIil NING-APPROXIMATELYoTen (10) acres, according to the Official Map thereof on file Jn the'cfflcelof:the lFe4e 0,Bureiu, #flan agement" proved May 8, 1868 �41e,note;but w++ppitl 'not; trs��tiot.l`�j/twin 'rj' �:.,3• .3-' Y\s•'.fY£�_M!"t._`_ �1Js�IN' �'Z.iw� i4P`A{'��`'����,,, Y�. tl �. .,� �: Ys .. :TOGETHER WITH &`right of:•way'overF•any and al;>� existin the Northwest.#tof;Section 24`�Townsh�p.8 South.*Range:2�WestAaasirpservedn 'the ufnahef0eed:'from °Aictor M `Belatti, tot�li�liam�Edward Cew s Net'iA1 d`ated:,.November 30. 1951 and recorded f Aril .4, 1952=in.Book;2 95 Off, fal aecO�dS age �%Sh 7 ; v�E y5 RS'ALSO TOGETHER with a r{!of.wa bGe y, n�- n WARFroads running;through the East } of the West;} of the Northeast # of they; atrthwest�} oftSection�24.,Town 'hip'8.South, Range 2 West;1as reservedlfn the Deed,fi rtbN Qtdr::N'1M litttvto Stanley Williams, et;ux. dated September.*25,t1951' andrrecordAd.Apii 1952ee�if` d6k 2395`Official Records, Page 633. 'ALSO TOGETHER WITH-11it"t hit. f `I i+ a ,;�9 ,o e�, n ,; f`s h toads i,unning:throu rough <} the West} of;.theori;heast � f th1'�`Soi)t�iwpsi �nf5ection'24;;Townshi 89South - i rc. P Range,2 West;gas= ese i{ invthe'.Deed-,f' e6mwfct6rf, c EBe ttitito�{�i11is A.,",Rodoni et Ux dated Hovember427 1951 nd°recorded=AprI _ w,1952n1 "Book 2395_'bf Official-,Records =P.a�,ge 636.E ` , .� ,,. zx� ''74LS0 TOGETHER..WI $�r g It of. or 1fi 0 4 en r�ce`�"of public Ufil ity lines over the South;} of the Northwest # of,Sectidn�24,yTownship 8 South, .Range 2:West. as reserved in the Deed from ;Yictor;M. ail atti 'o'.Wil l'iam Edward:Lewis. et al fated �SNovember,30,:41951 and*­e'corded:ApS� 14� 1952. 41 n Book 23954bf Official Records,cPage 628. t? j } x,ALSO TOGETHER, ITN at t:o ,� ray o�er';arLy di 11ggd,s��ow existing or ti�rhfch may exist in..the:future; .giving ecd�ss to.a�Oubiic.';road.iihich'-prese-htly"or.'in the fufare'abuts.the boundary.'line of.the Sodtijeast +#'of the Southeast J of.;the Southwest .I of said Section 24, as reserved in the ,Debdkfrbm Lewis E' Hollander et�"uk"Jo Duane O. Miles et ux, dated June 2,;,1959,.'rec"rded'`June d, 959i`r1n Book;443S`Of trial. Records, a +! �4� f., (4 t Page 293.` F°`� ir•� ttylt'it� '.95�R1s�9 ALSO TOGETHER'i ITN those- rtain`;rIght`s:OrovlQe¢ for, Affhe.0eed from Stanley E. Williams t.= to Lewis E Hollander`aifd}Ger Idine�M.=Holldnder-'.•4ddted'a�ecmeber-12; 1959. recorded �= Oecember,.17; 1959 in:Bco1 464 OffJew Reco}'ds Pt1 a 3)' 8s follows f r6;;N,r �� g !: .r Y'. ^.:. 1 r, •,a{}. ` ARIGHT>to'constNct. ma ►1t ri' and tlse�fo► ` i ,-, ,t , ngress-and toss a road.not to exceed 40 feet width;acros3�thedlands .�tF�egCa�to ,{`,kfiCtSd3 i• bdasfollows *; ,i, TTHAT,poi•tiori¢b ,a hrc6 f �"nd�,a tow of Salt a n ih;the Northeast . of the Soafhwest #,of ectoh' oMish:i obeli hang �f bl. sMReatkrecorded .Page '.,.ayinSouth!ofte'*e s + ��p., • in Book . ,.odes fiC� ohiRoadj3tliesterly boundarj►'ba�tially: ,, scr.ibed as-ay in ' from .' ` recorded ias 6 4gg 'jnts h4 t'1$'R1,01A; � estribdd 6 1 he-:Survey•of said points and , Sic 43'bf s;=a Pege 4,f a� .Clara=C66n Records. The subject road shall cobr�erfCe,frofi. Dili lZ a' ,th r�SCe �� r}�;e SoQ'th h Yk` ion;"to"the 40 acre .parcel -of Leiiris t14d G d Noll4a'd'rlriesr�i �i;'`Eh . east 'o the'S h Sections • t f1i� out west # of `County f 5 i a "u�! record A•gook 4439, at Qaye .292 in the Common tirith`th� 1 { t i`Ddy�i��s fAffli'the rightA4-bs#t•tn. �.... :ti •. . -.» a :rafl:sta►d �. f!PtanW-of AN A l 'Ri[•tt� i Mail l�:w .. ... •,+.rt.XG a.a,,k:' _ - .z� — —�.,.�wiioicwiwl.;uasai•,—,--- .»�_.�':�'..=;•`��„_ .'>!.• r�.....a e� c'f. - _ _ _ _ -- .r I 7-03 1\ a 0 0 • ► A [ � :•���K�r TOWNSHIP a SOUTH RANCE WEST 3 16 b3%/N 14 13 4 D.S.44-11-5 y 4 •�.:�" l I 21 19 G,ti nr �,r' •7 KL I IW S.4 C W S4IC N[i MfD►E NINSULA ItMONAL a jK'A•/f 'A : 02 KL IT :•> OMEN SPACE D IST. �'e' rt 'r I 1 Y _{. •t��t�»T i,ys.. I CL MAC IT.SIAC •.i.J..ri.► ,aO37-AAC94 _",IOO At I2S.SSK) ; MIDPENINSLLA laOaCl 1•^ '0SaC NET 1 •• ••• Kl i;i.. - MIDPENINSULA -•t00 �� �. •� i �'fo' REl'iIONAL OPENIs is Ac -?ACE i qK s- s.wrw. s. !r':.''.' ,.' �. - DISTRICT 7' was 44514i .,fy. 510 �� T'`�ii'ar• 24 , 19 s NnENINw6�?J1Rcc.ONAt F^=; 15.00AC) .Cr ..... • �7-� %\DISTa.[t _ S.OTAC OO KII All O IO..OAC. >L 160 AC Q= �A 24 I')9 25 24 I.NK III K ro.TI �w mn 25 DD lUL S 26 25 ..4,.�.I,t, 1 .. �h •. 9916'.I / i.a S.R lr . S.A 14 ' rl.r � 9K s 544 1 y}�1'. . .- •. .I• III 'A I.• .t •517 •�7 cc.a.n.cavw.z.tNXm OI M IINNl4 uunON CL(7 Parcel E MIBIT A — 3 do -71 o/dow 0AP Co 1/*7)1 0.4�b S0774 CLAtA The East Fifty (50) acres of the Nort h one half (1/2) of the northeast`. one-quarter (1/4) of Section Eleven (11) Township Nine (9) South, Range One (1) West, Mount Diablo Base and Meridian. E7XG F P7i' 9 )4EI?EF11'1 The Westerly S23 feet, front and rear measurements of the East 50 acres of the North one half (1/2) of the Northeast one quarter (1/4) of Suction Eleven (il) Township Nine (9) South, Range One (1) West, Mount Diablo Base and Meridian. Together with the right of way of two roads crossing the West 30 acres of the North 1/2 of the NE 1/4 of said Section 11, T. 9 S., 1 W., M.D.M. and the right to use Alma and Mt. Pleasant Wagon Road, as reserved by Joseph Gassady in Deed recorded September 10, 1889 in Book 119 of Deeds, Page 320. •'•r'+1 'r,. uM•ti:s_�d'"Y',Lrw� x:ifi ..:•.=.�•'�is�•s'__`'ri :" - - — ,...�,a..:�'- .;y,r - "s^�. _.. ...T-. ':.r...v::.'ta.. ._ IZ WA ..�;..:...� Elllct a1 IDl• J1 V" Cl ww.l• ti7nwr 2 ��r.h�t•.��!• N • 1 is p foaw wet •x 3 In y s3 g: i L •lII1• �„ � JIN MJr1 IM .'•'�/ ® MIDIENIIISYLA REGO"L . OREN SPACE OIS7. t Ll •* 1 . Gs ----� ,. .15•t rryAoT' 'ict � s I i �•��: i .. ICI rlzr I °Jw orb"" �SS[Ssa VA�c rf-lz ' '.. f10 K Via 1''`�'°Ftt /f1I aF,l,f•,' O►IIC[ 0► COUMf I' AiS[StOR fANTA OLARACOYMTY, CALIFORNIA �x ►AC[ f. . —--—— Sf�nZ. -- —... L.558 41 I i Regional Open S xe g p 1 1r- j MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-01-57 Meeting 01-11 May 9, 2001 AGENDA ITEM 4 AGENDA ITEM Authorization to Purchase Four Fire Pumpers for Distric Patrol Vehicles from Cascade Fire GENERAL MANAGER'S RECOMMENDATI Determine that Cascade Fire is the lowest responsive bidder and authorize the General Manager to execute a purchase contract with Cascade Fire for four (4) fire pumpers for District patrol vehicles at a total cost of$35,340.84. BACKGROUND i At your January 31, 2001, meeting you authorized staff to solicit competitive bids for four(4) fire pumpers for District patrol vehicles (see Report R-01-10). After finalizing specifications, staff solicited competitive bids from wildland fire fighting equipment dealers. A notice was placed in the San Jose Mercury News. Only one bid was received by the 9:00 a.m., April 18 deadline. Therefore, staff solicited bids a second time. Bid packets were sent directly to four dealers and a notice was again placed in the San Jose Mercury News. The following bid results were received: 1) Wildfire $32,466.45 (including tax) 2) Cascade Fire $35,340.84 (including tax) 3) Robwen, Inc. $46,569.60 (including tax) Wildfire's bid failed to meet five specifications, including an aluminum diamond-plate tank top and stainless steel plumbing. Therefore, it is not a responsive bid. Cascade Fire's bid met the District's specifications and was the lowest responsive bidder for four (4) fire pumper units. The Operations budget for fiscal year 2001-2002 includes $35,000 for the purchase of these fire pumpers. 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 O "E" Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Claims No. 01-09 Meeting 01-11 May 9, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1735 86.40 ADT Security Services Alarm Services 1736 69.84 Allied Auto Works Vehicle Maintenance&Repairs 1737 269.30 AT&T Wireless Services Telephone Services 1738 276.90 Barron Park Supply Field Supplies 1739 61,260.59 Bay Construction Services Distel Building Remodel 1740 133.78 Janet Beaugh Conference Reimbursement 1741 62.18 Brim Tractor Company Tractor Parts 1742 1,185.00 California Dept. of Fish&Game Rarefied Renewal&3 Overlays 1743 103.29 California Water Service Company Water Service 1744 459.04 Cascade Fire Equipment Company Fire Safety Uniforms 1745 337.50 Communication Specialists Installation of Phone Cable&Modem Lines 1746 130.44 Dorfman-Pacific Co., Inc. Uniform Supplies 1747 141.50 Emergency Training Services EMT Training 1748 174.88 FedEx Express Mail Service 1749 53.66 Forestry Suppliers Tripod Bag 1750 17.46 Foster Brothers Security Systems, Inc. Keys 1751 303.16 Goodco Press, Inc. Printing of Business Cards 1752 334.19 G.P. Sports Bicycle Repairs 1753 100.00 Greenlnfo Network Mapping Services 1754 153.14 Hengehold Motor Co., Inc. Van Rental for House Tours 1755 1,050.00 Hennepin Parks Special District Forum 1756 980.10 Hertz Equipment Rental Loader Rental 1757 108.33 Jodi Isaacs Vehicle Expense 1758 245.00 Matt Ken Sudden Oak Death Seminar-Reimbursement 1759 400.00 Merwin A. Mace Acquisition Consultant 1760 76.54 John Maciel Reimbursement Supplies 1761 150.00 Magana's Building Maintenance Maintenance Service 1762 38.93 MCI WorldCorn Telephone Services 1763 814.86 Minton's Lumber&Supply Lumber Supplies 1764 31.08 Office Helper Office Supplies 1765 1,094.85 Office Team Temporary Office Employee Service 1766 464.88 Pacific Bell Telephone Services 1767 510.00 Palo Alto Upholstery Repair Upholstery 1768 24.14 Peninsula Blueprint Reprographic Centers Map Enlargements 1769 1,038.87 PIP Printing Printing Service 1770 41.69 Rancho Ace Hardware Field Supplies 1771 162.00 Recreational Equipment, Inc. Field Supplies 1772 92.25 Safety Kleen Tank Service 1773 1,273.44 San Francisco Chronicle Classified Ad 1774 65.55 David Sanguinetti Vehicle Expense 1775 1,998.50 San Jose Mercury News Classified Ad 1776 769.78 Santa Clara County Dept. of Environmental Health Hazardous Waste Disposal 1777 220.00 Santa Clara County Sheriffs Dept. Fringerprinting 1778 2,530.00 Richard Seever Feral Pig Removal 1779 420.00 Richard Seymour Wildlife Surveys 1780 297.55 Shell Credit Card Center Fuel 1781 112.32 Silacci's Feed Barn Field Supplies 1782 1,200.00 Malcolm Smith Public Affairs Consultant 1783 110.00 Stevens Creek Dodge Vehicle Repairs Page 1 Claims No. 01-09 Meeting 01-11 May 9, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1784 100.00 Sunnyvale Ford Vehicle Repairs 1785 97.46 Sweco Products Inc. Parts for Sweco 1786 244.63 Sycamore Associates Consulting Biologist for ECM 1787 273.76 Target Specialty Products Field Supplies 1788 17,050.00 Tax Collector San Mateo County Tax-DeFaulted/Redwood Park 1789 61,300.00 *** Tax Collector Santa Clara County Tax-DeFaulted/Pezzoli,Maridon,Kadluboski 1790 65.00 Terminix International Pest Control 1791 385.80 Therma Corp. HVAC Maintenance 1792 531.80 Tires On The Go Truck Tires 1793 899.99 Tool Crib Tools 1794 172.78 Minh Tran Reimbursement 1795 35.23 Turf&Industrial Equipment Co. Field Supplies 1796 60.60 Verizon Wireless Messaging Service Pager Service 1797 314.06 West Group Payment Center On Line Legal Service 1798 340.97 Wildfire Fire Equipment 1799 600.00 Roberta Wolfe Recording Service 1800 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Service 1801 68.17 Shannon Younkin Reimbursement--Office Supplies Total 164,713.16 *** In the event the Agenda Item is not approved, this claim will not be processed. Page 2 Claims No. 01-09 Meeting 01-11 May 9, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1735 86.40 ADT Security Services Alarm Services 1736 69.84 Allied Auto Works Vehicle Maintenance&Repairs 1737 269.30 AT&T Wireless Services Telephone Services 1738 276.90 Barron Park Supply Field Supplies 1739 -6t,260.5,9�- Bay Construction Services Distel Building Remodel 61,620.59 1740 133.78 Janet Beaugh Conference Reimbursement 1741 62.18 Brim Tractor Company Tractor Parts 1742 1,185.00 California Dept. of Fish&Game Rarefied Renewal&3 Overlays 1743 103.29 California Water Service Company Water Service 1744 459.04 Cascade Fire Equipment Company Fire Safety Uniforms 1745 337.50 Communication Specialists Installation of Phone Cable&Modem Lines 1746 130.44 Dorfman-Pacific Co., Inc. Uniform Supplies 1747 141.50 Emergency Training Services EMT Training 1748 174.88 FedEx Express Mail Service 1749 53.66 Forestry Suppliers Tripod Bag 1750 17.46 Foster Brothers Security Systems, Inc. Keys 1751 303.16 Goodco Press, Inc. Printing of Business Cards 1752 334.19 G.P. Sports Bicycle Repairs 1753 100.00 GreenInfo Network Mapping Services 1754 153.14 Hengehold Motor Co., Inc. Van Rental for House Tours 1755 1,050.00 Hennepin Parks Special District Forum 1756 980.10 Hertz Equipment Rental Loader Rental 1757 108.33 Jodi Isaacs Vehicle Expense 1758 245.00 *1 Matt Ken Sudden Oak Death Seminar-Reimbursement 1759 400.00 Merwin A. Mace Acquisition Consultant 1760 76.54 John Maciel Reimbursement Supplies 1761 150.00 Magana's Building Maintenance Maintenance Service 1762 38.93 MCI WorldCom Telephone Services 1763 814.86 Minton's Lumber&Supply Lumber Supplies 1764 31.08 Office Helper Office Supplies 1765 1,094.85 Office Team Temporary Office Employee Service 1766 464.88 Pacific Bell Telephone Services 1767 510.00 Palo Alto Upholstery Repair Upholstery 1768 24.14 Peninsula Blueprint Reprographic Centers Map Enlargements 1769 1,038.87 PIP Printing Printing Service 1770 41.69 Rancho Ace Hardware Field Supplies 1771 162.00 Recreational Equipment, Inc. Field Supplies 1772 92.25 Safety Kleen Tank Service 1773 1,273.44 San Francisco Chronicle Classified Ad 1774 65.55 David Sanguinetti Vehicle Expense 1775 1,998.50 San Jose Mercury News Classified Ad 1776 769.78 Santa Clara County Dept. of Environmental Health Hazardous Waste Disposal 1777 220.00 *2 Santa Clara County Sheriff's Dept. Fingerprinting 1778 2,530.00 Richard Seever Feral Pig Removal 1779 420.00 Richard Seymour Wildlife Surveys 1780 297.55 Shell Credit Card Center Fuel 1781 112.32 Silacci's Feed Barn Field Supplies 1782 1,200.00 Malcolm Smith Public Affairs Consultant 1783 110.00 Stevens Creek Dodge Vehicle Repairs Page 1 Claims No. 01-09 Meeting 01-11 May 9, 2001 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1784 100.00 Sunnyvale Ford Vehicle Repairs 1785 97.46 Sweco Products Inc. Parts for Sweco 1786 244.63 Sycamore Associates Consulting Biologist for ECM 1787 273.76 Target Specialty Products Field Supplies 1788 17,050.00 Tax Collector San Mateo County Tax-DeFaulted/Redwood Park 1789 61,300.00 *** Tax Collector Santa Clara County Tax-DeFaulted/Pezzoli,Maridon,Kadluboski 1790 65.00 Terminix International Pest Control 1791 385.80 Therma Corp. HVAC Maintenance 1792 531.80 Tires On The GO Truck Tires 1793 899.99 Tool Crib Tools 1794 172.78 Minh Tran Reimbursement 1795 35.23 Turf&Industrial Equipment Co. Field Supplies 1796 60.60 Verizon Wireless Messaging Service Pager Service 1797 314.06 West Group Payment Center On Line Legal Service 1798 340.97 Wildfire Fire Equipment 1799 600.00 Roberta Wolfe Recording Service 1800 200.00 Woodside&Portola Private Patrol Windy Hill Patrol Service 1801 68.17 Shannon Younkin Reimbursement--Office Supplies 1802R 9.75 *3 UPS Parcel Post 1803R 3,777.05 First Bankcard 1235.32-Field Supplies 772.80-Conference Expense 655.47-Office Supplies 508.00-Recruitment Advertisement 89.97-Resource Documents 515.49-Computer Supplies 1804R 5,000.00 *4 Navarone Mailing Services Deposit for Annual Report 1805R 754.94 Wilcox Miller&Nelson Recruitment Advertisement 1806R 517.25 Petty Cash Vehicle Expense, Safety Fair Supplies, Office Supplies, Fuel, Volunteer Snacks, Field Supp Total 175,132.15 *1 Urgent Check Issued April 26, 2001 *2 Urgent Check Issued April 26, 2001 *3 Urgent Check Issued May 9, 2001 *4 Urgent Check Issued May 9, 2001 *** In the event Agenda Item#3 is not approved, this claim will not be processed. I Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: May 4, 2001 Re: FYI's 330 Distel'Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd(gopenspace.org • Web site: www.openspace.org C� COMMITTEE FOR GREEN FOOTHILLS May 1,2001 Contact:Denice Dade Santa Clara County Legislative Advocate Phone(650) 968-7243 Email DeniceCa?GreenFoothills.org FOR EM MEDIATE RELEASE Carnegie Foundation's Revised Development Proposal Remains Illegal -- Supervisors urged to deny project in first test of new Stanford Community Plan PALO ALTO--Committee for Green Foothills has urged the Santa Clara County Board of Supervisors to act firmly to uphold the new Community Plan approved last December for Stanford University. The first test of this plan,a proposal by the Carnegie Foundation to develop a 21,000 square foot office facility in the Stanford foothills,would violate the plan and set a dangerous precedent for noncompliance with this new County policy. The Foundation continues to press forward with this ill-advised development proposal,which would place an office complex larger than the Safeway store in midtown Palo Alto in the midst of a fragile foothill environment. At their March meeting,the Board of Supervisors specifically requested the Carnegie Foundation to address four issues to bring the project in compliance with the Community Plan and adequately protect habitat. The minor changes recently announced by the developer only partially address one of these four directives,and leave the project in flagrant violation of the Community Plan and State law. Approval of development would set damaging precedent This community invested two years of hard work to create a comprehensive plan for the future development of Stanford lands. To now permit an illegal development in the foothills such as that proposed by the applicant would render that plan and the lengthy public process to establish foothills protections meaningless. Carnegie is claiming that the Supervisors intended that the proposal should be considered under the 1989 General Use Permit,rather than the new Community Plan. This is both untrue and unsubstantiated. The new Community Plan does allow for some potential development in the Lathrop District;however,the Board did not vote on this specific project as part of the Community Plan. Indeed,it was beyond the scope of both the Community Plan and the past Board of Supervisors to guarantee approval of the Carnegie proposal(or any other specific proposal)without extensive and separate review of the specific proposal. Unless this proposal can be amended to meet all of the current Community Plan policies,it should not be approved. The Carnegie Foundation's proposal violates several important aspects of this plan,including the Academic Growth Boundary,Special Conservation Area and important foothill protections. The changes proposed by the applicant on March 26 leave the project in noncompliance with Community Plan policies. Academic Growth Boundary was fixed by Community Plan The Stanford Community Plan clearly defined a number of important land-use tools for future development,including an Academic Growth Boundary inside of which all"urban-scale" development must occur. Carnegie's eleventh-hour request to move this boundary to meet their needs reflects political machinations at worst,and poor planning at best: their representatives reviewed and neglected to comment on the placement of the Academic Growth Boundary during the public comment period last fall. The Foundation is now claiming that the line is ambiguous,in hopes that the Supervisors will grant them a line adjustment. Such an adjustment would require a General Plan Committee for Green Foothills Press Release - 5.1.01-Page 2 amendment,and would reopen the Community Plan process. The Academic Growth Boundary is not the only line Carnegie threatens to cross. Importantly,the County's own General Plan requires it to respect cities'Urban Growth Boundaries. By allowing an urban development of this magnitude outside of Palo Alto's Urban Growth Boundary,the Supervisors would be violating the County General Plan and Palo Alto's Urban Growth Boundary,as well as ignoring the specific requests of the City of Palo Alto to decry this development. Carnegie has proposed a"compromise"to move the building and part of the parking lot inside the Academic Growth Boundary. This minor change only partially meets one of the four criteria the Board of Supervisors requested,and leaves the development in violation of the Community Plan. Revised proposal leaves illegal development in Special Conservation Area The Carnegie Foundation development proposal specifically violates the Community Plan with its illegal development in a sensitive habitat area designated as a"Special Conservation Area." The project puts a 24-foot wide,two-lane paved road and a portion of a 40-car parking lot across the Special Conservation Area,land set aside to be protected as habitat. The new access road would pave and extend an existing fire road,now a single ungraded set of tracks overgrown with weeds. The Carnegie Foundation proposal calls for replacing and extending this path with a two-lane paved road;the new road and a portion of the complex parking lot are targeted for lands designated as "Special Conservation Area." The Community Plan specifically prohibits any physical development"other than that which supports conservation efforts"in Special Conservation Areas. Environmental Impact Report inadequate Committee for Green Foothills'analysis reveals that the existing Environmental Impact Report (EIR) conducted for the applicant's proposal is inadequate in a number of important respects. The EIR fails to analyze the consistency of the project with the new Community Plan's Academic Growth Boundary and Special Conservation Area. Since the project is inconsistent with both boundaries,this is a major shortfall of the EIR. Together with a number of other inadequacies,this requires that the EIR be revised and recirculated in concordance with the standards of the California Environmental Quality Act(CEQA). Board urged to uphold new Community Plan The Board of Supervisors established the foothill and habitat protections in the Community Plan in order to protect the natural resources of this area for current and future generations. Approval of this project,even with the proposed minor modifications,would gut the strength of the Academic Growth Boundary and Special Conservation Area policies established only four months before. The Committee for Green Foothills is asking the Board of Supervisors to apply County policies uniformly and consistently,and to reject Carnegie's proposal unless it is brought in full compliance with the Community Plan. About Committee for Green Foothills Committee for Green Foothills is a regional grassroots organization working to establish and maintain land-use policies that protect the environment throughout San Mateo and Santa Clara Counties. Committee for Green Foothills, established in 1962,is a Bay Area leader in the continuing effort to protect open space and the natural environment of our peninsula. The legal opinion of Shute,Mihaly&Weinberger and their letter to the Board of Supervisors is available upon request. Pictures of the existing fire road in the Special Conservation Area are available at www.GreenFoothMs.org/camegiepath.htm. COMMITTEE FOR 3921 E.Bayshore Road 65o.968.7143PHONE info@GreenFoothills.org GREEN FOOTHILLS Palo Alto,CA 94303 65o.962.8z34 FAX www.GreenFoothills.org I 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 MARL B. MIHALY, P.C. MARK A. FENSTER FRAN M. LAYTON TELEPHONE: (415) 5S2-7272 KATHERINE A. TRISOLINI RACHEL B. HOOPER FACSIMILE: (415) 552-5816 BRIAN A. SCHMIDT ELLEN J. GARBER CHRISTY H TAYLOR WWW,SMWLAW.COM LAUREL L. IM AICP URBAN PLANNER TAMp.RA S. GALANTER ELLISON FOLK ELIZABETH M. DODD RICHARD 5, TAYLOR OF COUNSEL SUSANNAH T. FRENCH WILLIAM J. WHITE JOSEPH E. JARAMILLO ROBERT S. PERLMUTTER May 2, 2001 L4 J li Chairman Beall and Members of the Board of Supervisors County of Santa Clara 70 West Hedding Street San Jose, CA 95110 Re: Carnegie Foundation Research/Office Facility Dear Chairman Beall and Members of the Board of Supervisors: On behalf of the Committee For Green Foothills ("Committee"), we would like to respond to the Carnegie Foundation's recent submissions purporting to comply with this Board's directives at its March 20, 2001 hearing regarding the Carnegie Foundation Research/Office Facility ("Project"), At the conclusion of that hearing, and in response to the concerns raised by the Committee and others, the Board voted unanimously not to approve the Project. The Board further voted to direct Carnegie to submit a revised proposal that would, among other things: (1) conform to Community Plan ("CP")policies prohibiting any physical development outside of the Academic Growth Boundary ("AGB") and protecting viewsheds; (2)thoroughly and meaningfully consider alternative locations for the Project; (3)provide permanent dedication of California Tiger Salamander("CTS") habitat; and (4) reduce the size and intensity of the Project. The Board further indicated that it would consider the Project again after g Carnegie provided this information. Instead of providing the Board with the information it had requested, Carnegie responded by telling the Board that, with a few minor exceptions, it did not think it was worth the delay or money it would cost to comply with the Board's requests. Thus, for instance, with respect to the Board's directive that Carnegie consider other possible sites, Carnegie admitted that other buildable sites were available (including one within the Lathrop district itself), but then stated that"[r]elocation of the building would Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 2 almost certainly require substantial [] re-design of the structure . . . . Given the likelihood of delay and extra costs, plus possible increased viewshed problems, Carnegie views this option as unacceptable," April 9, 2001 letter from John H. Barcroft to Planning Director Ann Draper at 2 (emphasis added).' Carnegie also objected that complying with the Board's directive to examine alternative sites could create "CEQA issues" and that the potential and allegedly "open-ended" cost and delay required to comply with CEQA"are unacceptable to Carnegie." Id. at 3. Similarly, Carnegie responded to the Board's directive to reduce viewshed impacts (which could potentially be achieved by reducing either the building elevation or its height) by stating that"[w]e have been unable to find any reference to an elevation restriction in the [CP]" and that a one-story building"would require complete re-design, and would presumably put the Foundation back into a lengthy review and approval procedure." Id. at 2. With respect to Supervisor Kniss' express suggestion that it consider a smaller building, Carnegie provides the following non-response: "It is difficult to understand why anyone believes that an education program [such as Carnegie's] could consider a 5000 square foot building as a suitable alternative." Id. at 4. Likewise, with respect to the Board's directive that Carnegie and Stanford provide for permanent dedication of a conservation easement for CTS habitat, Carnegie simply asserted that"Stanford will not provide such an easement. From Carnegie's perspective, we consider it, frankly, unfair . . . ." Id. Apparently, Carnegie shares Stanford's view that it should be treated differently from all other landowners in the County, and indeed, throughout the Country, who are routinely required to provide permanent dedication as a condition of land use entitlements that could adversely affect species protected by the Endangered Species Act. Perhaps most incredibly, Carnegie responded to the Board's directive to contain the entire Project within the AGB by arguing that the Board really did not mean to place the AGB where it did. Accordingly, Carnegie proposes that instead of Carnegie moving the Project to accommodate the Board's concerns, the Board should effectively move the AGB to accommodate Carnegie's concerns. ' This letter addressed possible options for complying with the Board's directive that outlined in Ms. Draper's March 29, 2001 letter to Carnegie. In drafting this response, we have also carefully reviewed the other documents Carnegie provided to the Board in its April 25, 2001 submittal. Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 3 And so it goes. With the exception of a few minor exceptions that only indirectly address the Board's stated concerns, Carnegie has essentially told the Board that it can take or leave Carnegie's terms, but that Carnegie does not intend to accept the Board's terms. Having already voted unanimously that it found Carnegie's terms unacceptable, the Board must reject the Carnegie's "revised"proposal. To do otherwise not only would encourage Carnegie and others to ignore the Board's expressed concerns about particular projects in the future, but also would seriously undermine the CP policies that the County forged through a lengthy public process that involved the balancing of numerous interests and made critical decisions about the County's long-term planning. In addition, approval of the revised Project would violate the State Planning &Zoning Law, Government Code section 65000 et seq., and the California Environmental Quality Act ("CEQA"), Public Resources Code section 21000 et seq., and would result in numerous adverse environmental impacts that could readily be avoided. Specifically, as detailed below and as set forth in our letters dated June 30,2000, November 2, 2000, and March 19, 2001, and in the Committee's letters dated June 30, 2000,November 2, 2000 February 14, 2001, March 19, 2001, and April 30, 2001. I. The Clear Intent of the Community Plan Was to Establish a Clear, Stable Boundary That Places All of the Carnegie Project, Except for the Proposed Building Footprint, Outside of the AGB and Off-Limits to Development. Carnegie claims that the AGB included, or was intended to include, the entire Carnegie Project. To support this proposition, Carnegie cites minutes of the November 2, 2000 Planning Commission meeting and the January 18, 2001 Planning Staff report to the Board of Supervisors. Carnegie claims that these documents purportedly show that Planning Staff had informed the Commission that the AGB's location -- which had not yet been approved by the Board of Supervisors -- "had been drawn intentionally so as to encompass the Carnegie Foundation's project." Memorandum from Jean K. McCown, Richey Fisher Whitman & Klein, to Carnegie Foundation, at 1 (Apr. 24, 2001) ("McCown Memo"). As explained below, County Counsel and the County Planning Department have expressly rejected Carnegie's 3 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 4 arguments regarding the line's location and status. What Carnegie is really asking for is a revision to the AGB to include the entirety of the Project site within the AGB. Re- drawing the AGB in such a fashion, however, would constitute an amendment to the CP and would require, among other things, approval by a four-fifths vote and review and compliance with CEQA. A. The AGB Excludes the Areas Where Carnegie Continues to Propose an Access Road and Portions of the Parking Lot. Carnegie's arguments regarding the County's intent to include the entire Carnegie Project within the AGB are wholly without merit and have properly been rejected by both the Planning Director and the County Counsel. Indeed, the only historical evidence of the County's intent in drawing the AGB compels the conclusion that the AGB excludes all but the Carnegie building's footprint. As the County Counsel has previously explained to the Board, [t]he Planning staff has explained [to Carnegie that] its intent when drawing the boundary of the Lathrop district was to include only the building footprint within Lathrop, and exclude the rest of the 20-acre parcel, including the parking lot and access roads. The intent was to preclude Carnegie from building additional structures on the site. See County Counsel Memorandum to Board of Supervisors, at 1 (March 20, 2001) ("County Counsel Memo"). In addition, Ann Draper, County Planning Director, informed Carnegie that the map depicting the location of the AGB was reviewed in multiple public hearings, and its shape and location did not change from October 2000 through its approval. Letter from Ann Draper to Lee Shulman, President of the Carnegie Foundation(Jan. 3 0, 200 1) (Attachment A). The mapping of the Carnegie parcel on the CP map was based in part on information provided by Carnegie's engineer, and no one from Carnegie ever questioned or commented on the mapping of the AGB location during the review and approval process. Id. Finally, the January 18, 2001 Planning Staff Report relied upon by Carnegie itself confirms the County Counsel and the County Planning Director's unequivocal statements that guly the Carnegie building is located within the AGB. Planning Staff Report to Board of Supervisors, Jan. 18, 2001, at 5. 4 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 5 Moreover, under established state law, Carnegie cannot argue that allegedly misleading representations by staff members of the County Planning Department should lead to the redrawing of the AGB to include the entire Project. Courts have almost universally refused to apply estoppel in the land use context, on the grounds that the harm to public policy by supervening the normal planning and review process in granting development rights usually outweighs the injustice done to the private property owner. See Avco Community Developers, Inc v South Coast Regional Commission, 17 Cal.3d at 785, 800 (1976). Given the Project's devastating environmental impacts and the extensive evidence of Carnegie's knowledge of the line's location and its participation in the public CP review process, this does not even approach the category of"extraordinary case" in which estoppel would apply. Toigo v. Ross, 70 Cal.App.4th 309, 321 (1998). Therefore, components of the original Carnegie Project, as it was reviewed in the EIR, are outside of the AGB and within the Special Conservation Area("SCA") designation. Under the most recent revisions of the site plan, portions of the parking lot and the entire access road are located outside the AGB in land designated SCA. As explained below, the parking lot and improvements to the access road constitute physical improvements that are inconsistent with the SCA designation, and therefore render the entire Project inconsistent with the CP. B. Because No Portion of the Parking Lot or Access Road May Be Constructed Within the SCA, Carnegie's Revised Proposal Remains Inconsistent With the Community Plan. Several provisions of the CP expressly prohibit construction of any portion of the parking lot or access road improvements on SCA-designated land. First, SCP-LU 30 states that"no physical develo moment other than that which supports conservation efforts may occur in [SCA's]." CP at 36 (emphasis added) (Attachment B2). As Carnegie's architect concedes, the County Fire Marshal has rejected Carnegie's initial plan of making only"minor improvements" to the existing five- to ten-foot wide gravel road. See letter from Alexander Seidel to Carnegie, April 24, 2001; Carnegie Project Draft EIR, at 2-8. Carnegie must instead provide a paved 24-foot wide, code-compliant 2 All of the CP provisions cited in this letter are included as Attachment B. 5 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 6 road. See letter from Jean K. McCown to Judy Saunders, Santa Clara County Fire Marshal's office, April 24, 2001. In addition, as a visit to the site makes plain, a new, longer road would need to be constructed from Vista Lane to the new location of the Carnegie parking lot under the revised site plan. The parking lot itself would also require significant clearing and grading of land. The extensive grading and paving required to undertake such improvements unquestionably constitute a physical "development"prohibited in SCA lands and is therefore prohibited by this policy. The term "development" has a well-established meaning in the land use context. For example, the Permit Streamlining Act defines "development" as "the placement or erection of any solid material or structure . . . [or] grading [or] removing . . . of any materials," and expressly provides that the term "structure" includes "any . . . road."' Gov't Code § 65927. Similarly, the California Coastal Act defines "development" as "the placement or erection of any solid material or structure." Again, the statute expressly includes "any . . . road"within the meaning of "structure." Pub. Res. Code § 30106. Likewise, the access road improvements and parking lot unquestionably fall within the definition of"project" under CEQA, which is defined as an activity which may cause a direct physical environmental change, and which involves the issuance by a public agency of some form of entitlement or permit. Pub. Res. Code § 21065; see also CEQA Guidelines § 15360 (defining"environment" as the "physical conditions which exist within the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance"). Indeed, the very General Use Permit that the County approved in conjunction with the CP recognizes the broad, all inclusive, scope of the terms "development" and "structure." See GUP Condition LA ("Development in the Lathrop development district shall occur only in the areas shown in Figure 5. Structures which are 3 The Permit Streamlining Act governs the review of all development projects that involve the issuance by a public agency of a lease, permit, license, certificate or other entitlement for use. Gov't Code §§ 65927, 65931. The Act's time limitations, however, do not apply to projects that involve legislative acts. 6 I i Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 7 not for the purpose of occupancy, such as fences or golf course access bridges, may be permitted" in accordance with other requirements) (Attachment Q. In short, because the access road and parking lot improvements unquestionably constitute "development" and because the CP expressly prohibits such P P Y development in land designated SCA, the Project is inconsistent with Policy SCP-LU 30. Second, the Project's road and parking lot improvements are inconsistent with CP policy SCP-LU 31. This provision limits uses in the SCA to "conservation activities and habitat management, field environmental studies, and appropriate agricultural uses." CP, at 36. Because the improved road and parking lot neither constitute such allowable uses, nor serve buildings that constitute such allowable uses, they are obviously inconsistent with the CP. Third, SCP-LU 32 states that "[n]o new permanent development in the form of buildings or structures is allowed." Id. Because the parking lot and improved road are new, permanent "development" on undeveloped land, they are also inconsistent with this policy of the CP. See Gov't Code § 65927 (Permit Streamlining Act provision including "road" in definition of"structure"); Pub. Res. Code § 30106 (California Coastal Act provision including"road" in definition of"structure"). Other CP provisions further support this conclusion by clarifying the extreme limitations on the development of land designated as SCA. For instance, SCP- GD5 provides that"[t]he design and intensity of development outside the AGB should be very low intensity supporting academic field research, research needing remote locations, agricultural and recreational uses." CP at 16. The CP also explains that future use of lands outside the AGB "is limited to field research-related activities and open space uses," and notes that the SCA designation "provides even greater protection to the most environmentally sensitive areas" than the other designation for lands outside the AGB, Open Space and Field Research. Id..at 28; see also U at 77 ("Outside the AGB, land is to remain undeveloped except for uses associated with research activities that require a remote or foothill setting for their functioning."). Because the road improvement and parking lot would not be constructed to support field research or research needing a remote location, they would be inconsistent with these provisions as well. 7 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 8 C. The AGB Was Clearly Intended to Be a Clear, Stable Line That Cannot Be Modified Except by a Four-Fifths Vote of the Board of Supervisors. Faced with overwhelming evidence that the County's intent was to include only part of the Project within the AGB and that no parts of the Project may be built upon SCA land Carne gie attempts to redefine both the placement of the line in the CP ma and �� P the status of the line itself. First Carnegie claims that because of the small scale" of the AGB map in the CP, the AGB was intended to be "a general land use boundary diagram and not a precise, surveyed line." McCown Memo, at 1. As with all of Carnegie's arguments, this claim is belied by clear, extensive evidence to the contrary. The Community Plan and CP/General Use Permit EIR("EIR") demonstrate an intent to establish a precise AGB that would create secure, long-term protection for open space. The following CP policies are directly relevant as to the County's intent: Policy SCP-GD2: Retain the location of the AGB as shown in Fi=e 1.3 for at least 25 years. Policy SCP-GD3: Allow modification of the location of the AGB within 25 years of its initial approval only upon a four- fifths vote of the Board of Supervisors. CP, at 16 (emphasis added). The County's intent, therefore, was to establish, for an extended period, a specific boundary beyond which open space would be preserved. Indeed, as the CP explained, the AGB "defines the 12oi at which expansion of the portion of the campus designated for academic and related development may be considered." CP, at 14 (emphasis added). This point, as the EIR makes plain, was intended to provide stable and secure protection for existing open space from encroaching development. See Stanford University Draft Community Plan and General Use Permit Application, Final Environmental Impact Report, Vol. III (published Oct. 6, 2000), at 1I- 45 (explaining in Master Response to Comments that the purpose of the AGB "is to define lands that are to be retained as open areas as separate from those areas that should be targeted for future development"). The CP also explained that these open space protections constituted a long-term commitment that was substantially greater than a mere 8 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 9 policy directive or suggestion. See CP, at 13 (stating that the AGB "need[s] to remain in place for a long enough period of time to ensure that development will be directed toward the central campus over the long term"). Furthermore, as the CP explained, the stringent four-fifths vote requirement for line modifications during the initial twenty-five years is in contrast to the simple Board majority required for other general plan amendments. W. If the AGB was intended to be advisory, the CP would not have made it so difficult to modify. By requiring a super-majority for modification, the CP signaled its intent to establish a stable boundary line. In short, as its name suggests, the AGB was intended to be an actual boundary rather than a fuzzy and mobile "diagram," as Carnegie erroneously claims. McCown Memo, at 1. To argue differently is to question the very notion and purpose of the AGB, and to make a mockery of the CP process. Significantly, the County Counsel memo only half-heartedly suggests that the Board even has the power lawfully to find that the CP is not a precise line. Thus, while the County Counsel refers to various GUP conditions that could allegedly support finding that the Board intended to include the entire Carnegie building within the AGB (which Carnegie has now agreed to do), County Counsel could not identify any legal or factual support that the AGB is not a fixed, precise line. See County Counsel Memo, at 4. Of course, any conclusion that the AGB is simply a concept, rather than an actual boundary, will result in uncertainty and confusion that could undercut the stability of the County's planning process for years to come. Second, Carnegie makes the unfounded assertion that, when viewed via computer-aided design or Geographical Information Systems technologies, the AGB in fact includes the entirety of the Carnegie Project within the Lathrop District and outside of SCA-designated land. See McCown Memo, at 2. As explained above, the County Planning Director and County Counsel have already rejected Carnegie's similarly specious arguments regarding the County's original intent for the CP and the AGB. At bottom, Carnegie is attempting to substitute newly revised maps that it created to replace the map that is included in the CP. These submissions are obviously impermissible given the CP's direct incorporation of the CP map in stated CP policies. See Policy SCP-GD2 ("Retain the location of the AGB, as shown in Figure 1.3 for at least 25 years."). 9 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 10 It is far too late in the day for Carnegie either to protest the mapping of its parcel -- based on its own engineer's maps -- or to propose alternative maps to that included in the CP. The Board must reject Carnegie's bizarre, bad-faith efforts to circumvent the public process in which the AGB location was set and mapped. 11. The Environmental Impact Report for the Carnegie Project Violates CEQA and Must Be Revised and Recirculated. A. The Carnegie Project EIR Must Be Revised and Recirculated. The EIR included clearly incorrect information regarding both the applicability of the Stanford Community Plan ("CP") to the Carnegie Project and the Project's consistency with the CP. The Draft EIR simply assumed that the pre-existing County General Plan would apply. See DEIR at 2-16 (Attachment D). The Final EIR, in its Master Response to numerous comments challenging the Draft EIR's conclusion regarding the applicability of the CP, continued to assert that the CP would not apply to the CP, but incorrectly concluded that even if the CP did apply, the Project would be consistent with the applicable CP designation of the project site. See FEIR, at 10 (Attachment D). County Counsel thoroughly rejected the assumption that the preexisting General Plan would govern the Board's de novo review of the Carnegie Project. Instead, County Counsel advised the Board that, since the CP has now been adopted, it must govern the Carnegie Project. See County Counsel Memo at 2. As explained above, the AGB does = include the entire Carnegie Project, and significant parts of the Project are located on SCA-designated land. The Carnegie Project's inconsistency with the CP is a "new significant environmental impact [that]would result from the project" and therefore triggers the CEQA requirement for recirculating the EIR. CEQA Guidelines § 15088.5(a). Likewise, the EIR did not include in its project description the information contained in Carnegie's most recent submittal regarding revisions to the Project and the location of the conservation easement for the California Tiger Salamander. Furthermore, it appears that Carnegie's proposal to relocate the facility 35 feet downslope would result in the need to substantially modify the alignment of the access road. In order to access the facility's parking lot from the 370-foot paved section of the existing road, it seems likely the roadway would have to follow an alignment that is dramatically different than 10 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 11 the alignment depicted in the EIR. The County must disclose to the public the design of the new alignment and fully analyze the environmental impacts resulting from the construction and operation of the redesigned access road. This new information throws into doubt the accuracy g of the original EIR's project description. County of Invo v. City of Los Angeles, 71 Cal.App.3d 185, 193 (1977). "An accurate, stable and finite project description is the sine aug non of an informative and legally sufficient" environmental review document. Santiago County Water District v. County of Orange, 118 Cal.App.3d 818, 830 (1981). The EIR must be revised to provide an accurate and completeP description of the Project as it is currentlyproposed. Revision and recirculation of the EIR are also required inasmuch as the EIR incorrectly concluded that mitigation measures for the significant traffic impacts within the City of Menlo Park were infeasible. The Project would cause an exceedance of level of service standards set by the City of Menlo Park at the following three intersections: 1. Sand Hill Road/Sand Hill Circle/I-280 ramps; 2. Sand Hill Road/Santa Cruz Avenue; and 3. Junipero Serra Boulevard/Alpine Road/Santa Cruz Avenue. DEIR at 3.4-22. The EIR identified these impacts as significant and unavoidable, claiming that the City of Menlo Park has a policy opposing physical improvements to intersections within its jurisdiction that are significantly impacted by a proposed project in another jurisdiction. DEIR at 3.4-22, 3.4-25 and 3.4-26. Menlo Park, however, points out that the EIR's discussion of Menlo Park's policies was in error with respect to two of the three impacted intersections. In fact, the City has requested that the County mitigate Carnegie's traffic impacts at the intersections of Sand Hill Road/Sand Hill Circle/1-280 ramps and Junipero Serra Boulevard/Alpine Road/Santa Cruz Avenue. See letter from Arlinda Heineck, City of Menlo Park to Sylvia Donati, dated March 20, 2001. 11 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 12 In its March 29, 2001 letter to Carnegie, the County itself recognized the need to prepare a supplemental EIR to address the revision in traffic mitigation identified by Menlo Park. See letter from Ann Draper to John Barcroft, dated March 29, 2001. We concur that the implementation of improvements at these two intersections would substantially reduce the Project's traffic impacts. It remains our position, moreover, that approval of the Project requires specific traffic findings that, under present circumstances, cannot be made. Our March 19, 2001 letter to the Board of Supervisors explained that the County ignored the clear mandate of County Zoning Code section 5.60.030(D), which provides that the Countymay issue a use permit only if it finds that "[t]he use will not Y P Y [ � cause traffic congestion adversely affecting the surrounding area." The Code.explicitly provides that"[i]f all of the above findings cannot be made, the application shall be denied." Zoning Code § 5.60.030. Although it appears that the County can and should mitigate the impacts at the Sand Hill Road/Sand Hill Circle/1-280 and Junipero Serra Boulevard/Alpine Road/Santa Cruz Avenue intersections, Menlo Park is opposed to the widening of Sand Hill Road within the City of Menlo Park and therefore remains opposed to the mitigation proposed for the Sand Hill Road/Santa Cruz Avenue intersection. See letter from Arlinda Heineck, City of Menlo Park to Sylvia Donati, dated March 20, 2001. As a result, the requisite findings could not be made here inasmuch as the County's EIR found that the Project's impacts on traffic and circulation would be significant and unavoidable. DEIR at . 5-3. Moreover, the County's suggestion p tys to modify the County's earlier findings in order to comply with section 5.60.030 is entirely impermissible. B. Carnegie s Refusal to Comply With the Board's March 20, 2001 Directive to Consider Alternative Sites Compounds the EIR's Defective Analysis of Project Alternatives. As we explained in our March 1 2 1 letter,I 9 00 ett CE A requires that an EIR p Q describe a range of alternatives to the proposed project, and to its location, that could feasibly attain the project's basic objectives while avoiding or substantially lessening the project's significant impacts. Pub. Res. Code § 21100(b)(4); CEQA Guidelines § 15126.6(a). A proper range of alternatives is required "even if these alternatives would impede to some degree the attainment of project objectives, or would be more costly." Id. At its March 20, 2001 meeting, the Board of Supervisors required the Planning Commission staff and Carnegie to consider alternative project sites and wholesale 12 Chairman Beall and Members of the Board of Supervi sors May 1, 2001 Page 13 changes to the Project. The Board's directive that Carnegie move and reconfigure the Project demonstrates precisely why CEQA requires an EIR to provide a thorough discussion of a reasonable range of alternatives: to provide decision-makers with "information sufficient to permit a reasoned choice of alternatives so far as environmental aspects are concerned." San Bernardino Valley Audubon Soc'y v San Bernardino County, 155 Cal.App.3d 738, 750-51 (1984). It is undisputed that locating the Carnegie Project in Stanford's core campus would avoid, or substantially lessen, the harmful effects associated with the current proposal, while still achieving basic project objectives. The EIR nonetheless provided only the most cursory treatment of such an option -- apparently because an alleged Stanford "policy," first articulated in the midst of the administrative review for this Project, would not permit non-profit research institutes to be located in the core campus. ee letter dated July 6, 2000 to Sylvia Donati from Laura Jones. As the County staff report dated January 18, 2001 explains (at p. 8), "Stanford was adamant about not allowing Carnegie to locate in the core campus area." Furthermore, Carnegie continues to insist that although other sites within the Lathrop district might be buildable, any such site would not be "as appropriate as the siting our architects chose for the building." Letter from John H. Bancroft, Executive Vice President, Carnegie Foundation, to Ann Draper, Director of Santa Clara County Planning Office, April 9, 2001, at 2. Dismissing the core campus option on such grounds cannot withstand judicial scrutiny. The record is replete with evidence that Stanford has allowed uses such as Carnegie's proposed research facility on numerous occasions in the core campus area: the Carnegie Institution of Washington Department of Plant Biology, the Hoover Institution, and the Hillel Foundation are three notable examples. The 1985 Land Use Policy Agreement among the County, Stanford, and the City of Palo Alto ("1985 Agreement") specifically recognizes that"Academic" uses of Stanford lands include "non-profit research facilities with close academic ties to the University." 1985 Agreement, at p. 2. And, of course, the recently adopted Stanford Community Plan expressly permits "non-profit research institutions with close academic ties to the University" in the core campus. Under these circumstances, the EIR's failure to fully analyze an alternative locating the Carnegie Project in the core campus flies in the face of well established CEQA principles. The Board of Supervisors acted correctly in its March 20, 2001 meeting to defer approval of the Project. Given Carnegie's unwillingness to 13 Chairman Beall and Members of the Board of Supervisors May 1, 2001 Page 14 even consider review of the required range of alternative sites for the Project, the Board should require that the EIR be revised and recirculated to include a proper alternatives analysis. C. Carnegie's Refusal Even to Consider Permanent Dedication of CTS Habitat Violates the Board's Express Directive as Well as the Fundamental Tenets of CEQA. Although Carnegie is finally now proposing a specific mitigation concept for impacts upon the California Tiger Salamander("CTS"), this proposal contains no substance other than identifying the amount of land and location of the temporary easement. Major issues remain unresolved. Despite the clear direction provided by the Board of Supervisors, Carnegie steadfastly refuses to dedicate a permanent conservation easement. Instead, the applicant proposes that the conservation easement remain in place only for the life of the structure, an approach which is flatly at odds with the recommendations provided by the United States Fish & Wildlife Service and the California Department of Fish & Game. The Fish & Wildlife Service, in particular, has made clear that providing impermanent conservation easements for permanent impacts is inconsistent with Endangered Species Act section 2(b). See letter from Karen J. Miller, USFWS to James T. Beall, dated February 1, 2001. Given the recommendations from federal and state agencies, the EIR clearly lacks substantial evidence to conclude that its mitigation will reduce the Project's impacts to a less than significant level. See Sacramento Old City Ass'n v. City Council of Sacramento, 229 Cal. App.3d 1011, 1027 (1991). III. CONCLUSION Because approval of the revised Project would violate CEQA and the State Planning and Zoning Law, we urge the Board (1) to grant the Committee's appeal, (2) to deny the Use Permit and Architectural and Site Approval for the Carnegie Project, and (3) 14 Chairman Beall and Members of the Board of Supervisors May 1, 2001. Page 15 to reject certification of the Project EIR. Very truly yours, SHUTE, MIHALY & WEINBERGER LLP RACHEL B. HOOPER LAUREL L. IMPETT cc: Denice Dade; Committee For Green Foothills Willard Tim Chow, Director of the Environmental Resources Agency, Santa Clara County Ann Draper, Director of Planning, Santa Clara County Mayor and City Council Members of Palo Alto Ed Gawf, Director of Planning, Palo Alto Mayor and City Council Members of Menlo Park Planning Commission of Portola Valley Craig Britton, General Manager, Midpeninsula Regional Open Space District Margaret Roper, California Department of Fish and Game Carl Wilcox, Department of Fish and Game Karen J. Miller, U. S. Fish and Wildlife Service PACGF\CARNEGIEIRSP004.WPD 15 Regional Open -' ,, ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 2,2001 Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 Subject: Carnegie Foundation Research/Office Facility Dear Chairman Beall and Honorable Members of the Board: Only four months after your approval of the Stanford Community Plan,the Board of Supervisors is again confronted with a significant test of the elements of that Plan as it again considers the proposal to build the Carnegie Foundation Research/Office Facility. I urge you to uphold your vote approving the Stanford Community Plan by once again denying approval of the Carnegie proposal, and to direct the Carnegie Foundation to fully address the shortcomings in its proposal. At your meeting of March 20,you directed the Carnegie Foundation to do further work on conformance with the Plan, and specifically requested that a number of key issues be addressed. Unfortunately, it appears that Carnegie has failed to comply, only partially addressing one of your directives. The minor changes proposed by Carnegie do not sufficiently conform to the Community Plan,and, in fact, put the project in clear violation of its policies. Midpeninsula Regional Open Space District has great concerns with this project's effects on the foothills and open space in this area. We are also troubled that the proposal challenges the Academic Growth Boundary,the Special Conservation Area, and other important foothill protections established by the Stanford Community Plan and approved by the Board of Supervisors. The Plan was produced in order to provide long-term protection for the natural resources in the foothills,while addressing the need for controlled development in the area. Approval of Carnegie's plan,even as modified, would effectively discard these protections, and would invalidate much of the effort that you and many others brought to this Plan. In light of these concerns,I respectfully request that you deny approval of Carnegie's revised proposal when it comes before you on May 8. Further, it is important that you require Carnegie's proposal to directly address all of your March 20 directives,to meet both the intent and the letter of the Stanford Community Plan,and to require a complete Environmental Impact Report that addresses the project's inconsistencies with the Plan. Finally, I urge you to request that Carnegie seek an alternate location for its facility that is more appropriate to this type of development. Sincerely, L. Craig Brition General Manager LCB/mcs cc: MROSD Board of Directors San Jose Mercury News Palo Alto Daily Palo Alto Weekly 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,Larry Hassett,Kenneth C. Nitz -General Manager:L.Craig Britton Regional Open ice May 2,2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Honorable Mike Honda Member, United States House of Representatives 503 Cannon House Office Building Washington, D.C. 20515 Subject: Co-sponsorship of HR 701 Dear Representative Honda: I would like to thank your office staff for taking the time to speak with me on Monday regarding your possible co- sponsorship of HR-701,the Conservation and Reinvestment Act(CARA). CARA is of critical importance to local agencies such as Midpeninsula Regional Open Space District whose purpose is land and habitat conservation. Implementation of CARA will allow agencies such as ours to make long-term investments in coastal conservation,wildlife conservation and restoration, urban park and recreation programs,historic preservation,Indian lands restoration, and endangered and threatened species recovery. This is in addition to CARA's provision of full funding to the Land and Water Conservation Fund(LWCF)and the Urban Park and Recreation Recovery Program(UPARR). It is hard to imagine a more comprehensive conservation package, and the window of opportunity for its passage and implementation is upon us. Your co-sponsorship will lend additional much-needed support to ensure this bill's passage in the House of Representatives. While the House did pass CARA last year,the Senate did not. The resulting compromise set aside funding for LWCF and UPARR on an appropriated but non-guaranteed basis. In order to bring CARA back to the Senate and the new administration,the House must again pass this bill. Because of the uncertain appropriation-dependent funding of LWCF and UPARR,the quality of our nation's parks, forests,and wildlife refuges continues to erode,open space is being inundated by increasing suburban sprawl,children's sports teams are being turned away due to lack of recreational fields,and our urban recreation facilities are being closed because of their deteriorating conditions. Only reliable conservation and recreation funding can alleviate these problems and CARA is the vehicle that will offer such reliability. I urge you to become a co-sponsor of HR-701 (which already enjoys 151 co-sponsors at last count)and see that the House passes this bill. Again,thank you for your time and consideration,and for your continuing support of the District and its programs. Please feel free to contact me if I can provide any information to you or your staff regarding this or any open space issue. ,rely,e Si i ere iy L. Craig Brit n General Manager LCB/mcs cc: MROSD Board of Directors Tom St. Hilaire,AHR John Woodbury, BAOSC 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 Director,:Poe Siemens,Mary C.Davey,le,Cyr,Deane Little,None,,e Hanlo, Larry Hassett, Kenneth C. N itz *General Manager:L Craig Britton () COMMITTEE FOR GREEN FOOTHILLS April 30,2001 Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 RE: Appeal of Carnegie Foundation Research/Office Facility (File No. 7353-95-80- 99 EIR-99P-99A) Dear Chairman Beall and Members of the Board, The issues of Carnegie Foundation's non-compliance with the Stanford Community Plan raised and unanimously voted upon on at your March 20,2001 hearing have not been adequately addressed by Carnegie's minor changes to the project. In fact,the Board directed Carnegie and staff to work on conformance,and specifically requested that four issues be addressed. Carnegie has responded by only partially meeting one of the four directives. The revised project remains in non-compliance with the Community Plan. Further,the Environmental Impact Report for this project is inadequate in a number of respects,and must be revised and recirculated according to CEQA standards. Implementation of the Stanford Community Plan last December marked the end of a massive,two-year effort conducted by the County in which Stanford,surrounding cities and the community participated. The final product was a compromise solution,providing Stanford with more than double the development rights available under the University's previous General Use Permit, and providing the community with significant protections for the foothills over the next 25 years. Now,only four months after its approval,the Board is faced with a test of the Community Plan. The applicant's proposal challenges the Academic Growth Boundary,Special Conservation Area and important foothill protections established by that plan. The changes proposed by the applicant on March 26 are not sufficient to comply with the Community Plan, and leave the project in significant violation of its policies. The Committee for Green Foothills asks that you require this proposal to meet all four directives,to meet both the intent and the letter of the Stanford Community Plan,to adequately address mitigation for the California tiger salamander,and to require a complete Environmental Impact Report that addresses the project's inconsistencies with the Community Plan. The project directly violates three of the most important elements of foothill and habitat protection established by the Community Plan. (1) This project places new development in the Special Conservation Area,land specifically set aside to be protected as habitat. The project requires an expansion of Vista Road because the existing dead-end road does not go to the project site. The existing road is between 5 to 10 feet wide;it is mostly two worn tire tracks with weeds growing down the middle(see Attachment A.) To bring the road up to county standards -24 feet wide with curbs and gutters-and expand the road to the project site would require significant physical improvement in the Special Conservation Area. This kind of development is specifically prohibited in the Special Conservation Area land use designation. The Community Plan policy SCP-LU 30 states"no physical development other than that which supports conservation efforts may occur in[Special Conservation Areas]".SCP-LU 30 clearly prohibits the parking and road improvements,which obviously constitute"physical development"of undeveloped land and a presently unimproved road. COMMITTEE FOR 3921E.6ayshoreRoad 650.969-7143>HoNe infoOlGreenFoothills.org GREEN FOOTHILLS Palo Alto,CA943o3 65o.962.8234FAX www.GreeriFoothills.org Committee for Green Foothills Appeal of Carnegie Foundation Research/Office Facility April 26,2001 Page 2 In addition,SCP-LU 31 limits uses in the Special Conservation Areas to"conservation activities and habitat management,field environmental studies,and appropriate agricultural uses."Because neither the parking nor access roads serving the project fall within these allowable uses,these components of the project are inconsistent with the Community Plan. (2) The applicant is asking that the Academic Growth Boundary be interpreted as a fuzzy or vague line rather than a definitive line for urban development as was intended. The Academic Growth Boundary(AGB), established by a unanimous vote of the Board in December of 2000,is a definitive line set in place for 25 years, and can be changed only through a four-fifths vote of the Board. The applicant's submission that this line is somehow inaccurate,ambiguous,or open for interpretation is not supported by historical evidence. As County planning staff has explained,its intent when drawing the boundary of the Lathrop district was to include only the building footprint already within Lathrop,and to exclude the rest of the 20-acre parcel,including the parking lot and access roads. The intent was to preclude Carnegie from building additional structures on the site.(Staff Report to Board Jan. 18,2001,p.5) In addition,as County Planning Director Ann Draper informed Carnegie on January 30,2001,the map depicting the location of the AGB was reviewed in multiple public hearings,and its shape and location did not change from October 2000 through its approval.(Letter from Ann Draper to Lee Shulman,President of the Carnegie Foundation-Jan.30,2001). The mapping of the Carnegie parcel on the Community Plan map was based in part on information provided by Carnegie's engineer,and no Carnegie representatives ever questioned or commented on the mapping of the AGB location during the review and approval process. Id. It is far too late in the process for the applicant to protest the mapping of its parcel.We ask that you not P PP P PP g P allow the applicant to circumvent the extensive public process during which the AGB location was set and mapped. Regardless of whether you agree with how the Academic Growth Boundary was drawn,it is now part of public policy,and to allow the project would establish a precedent that will forever weaken the Academic Growth Boundary,the Special Conservation Areas and the Community Plan itself. (3) The Community Plan establishes a policy to maintain the integrity of hillside views. To protect hillside views,most development should be located below the 200-foot elevation level. The proposed Carnegie development is still above the 300-foot elevation level;its approval will erode the integrity of this hillside view standard. The Board established the foothill and habitat protections in the Community Plan in order to protect the natural resources of this area for current and future generations. Approval of the this project,even with the proposed minor modifications,would gut the strength of the Academic Growth Boundary and Special Conservation Area policies established only four months before. Environmental Review inadequate; does not address inconsistencies with Community Plan The Environmental Impact Report conducted for the applicant's proposal did not analyze the applicable components of the Stanford Community Plan to the project for consistency or environmental impact,and is thus inadequate. The EIR did not include an analysis of the consistency of the access road and parking lot within the Special Conservation Area land use designation,nor did it consider the impacts of more than 70 daily car trips on the new road on the resident California tiger salamander population. Committee for Green Foothills Appeal of Carnegie Foundation Research/Office Facility April 26,2001 Page 3 The EIR also failed to analyze the consistency of the project with the Academic Growth Boundary. Since parts of the project lie outside the boundary,this is a major shortfall of the EIR. The EIR included only the most cursory of ' 1 this was obviously insufficient,statements regarding the project s consistency with the Community Plan;t s y tctent,given that part of the building,parking lot and access road in the original proposal fell outside of the Academic Growth Boundary.(FEIR,p.10) The EIR also incorrectly assumed that the previous County General Plan would apply and that the project would be located on land designated as Academic Reserve (DEIR,p. 2-17). The proposed project,even with its slight modifications, is in fact inconsistent with the Community Plan (in particular,with respect to the Special Conservation Area,Academic Growth Boundary,and the suggested 200-foot elevation limit for development in the foothills). Because the EIR did not consider these inconsistencies,it is inadequate. The significant environmental impacts associated with the noncompliance of the project with the Community Plan must be studied. Further,according to CEQA guidelines,these changes will trigger CEQA's requirement for recirculation of the EIR. (CEQA Guidelines sec. 15088.5(a)). Both the U.S.Fish and Wildlife Service and the Department of Fish and Game have submitted letters to the County stating that the mitigation proposed in the EIR for the California tiger salamander is inadequate and will not reduce the impacts to this species to less than significant. Both agencies state that permanent dedication of habitat is necessary to reduce the impact to less than significant. Permanent dedication of special status species habitat is regularly required by the County of other developers;this applicant should be treated no differently. The Committee for Green Foothills respectfully requests the Board of Supervisors to uphold the Stanford Community Plan, and to approve the appeal of the Carnegie Foundation project. Thank you for your consideration. Sincerely, Denice Dade Santa Clara County Legislative Advocate CC. 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 Members of Menlo Park Planning Commission of Portola Valley Craig Britton,General Manager,Midpeninsula Regional Open Space District Margaret Roper, California Department of Fish and Game Carl Wilcox,California Department of Fish and Game Karen J. 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M. ��,:,ry., , •� s �`� �•,• -•t � r,t; �z.,.•'z�..� ���j �a•;, "M,.�y.��� • DIGS L"\ {1+{.'." �����. ` 'r"x '. + v s'�j tar�.....t_- _ y,,.v. yA4},.••.�,2"k,'Y r!� ./ 'I-'��..!!.. mil` • t C !r lk }• y Too `Si err .+a? i Ilk 411, J4'•( �• 4��`��tZ;���' rfw. � _.,�I• l�/ r { i!-� � �tl �1 i~ ���.�,�., .• -` •,r r'' _ 1 tr.• fit' +, x+' ti� .+ht I Regional Open 1' ice April 30, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ms. Jennifer Browning Santa Clara County Planning Office County Government Center, 7t"Floor, East Wing 70 West Hedding Street San Jose, CA 95110 Subject: Use Permit for Water Storage Tank and Pump Station for Montgomery Highlands Landowners Association (File 1223-24-53-01PA) Dear Ms. Browning: On behalf of the Midpeninsula Regional Open Space District, I would like to take this opportunity to respond to San Jose Water Company's application for improvements to the Montgomery Highlands water system. I am extremely interested in this application because the District owns the 107-acre parcel of the land and an easement where a portion of the project is being constructed. (This property has been erroneously shown as owned by San Jose Water Company). In addition, the District has prepared the,Mitigated Negative Declaration that is to be the basis of your action on this project. After nearly 20 years of negotiations,the District has recently acquired the former 259- acre Montgomery Highlands property where a very small portion of the site was divided and deeded to San Jose Water Company for the purposes of improving the neighborhood water system. As a partner in this project, we are very supportive of the application and would like to see the project move forward as expeditiously as possible. We do, though, have some concerns that have evolved over the past several months due to the lack of consultation between our agency and the applicant. To say the least, our review of the project is cursory due to the fact that we were unable to obtain any information about the details of the application until Friday, April 27, 2001. Based on quick review of the application materials, I believe there are corrections and conditions that need to be incorporated into the project as follows: • The Midpeninsula Regional Open Space District should be shown as owner of the 107-acre parcel of land where the two existing water tanks are proposed to be removed and the temporary stockpile is to be located. The District conveyed to San Jose Water Company a 25,000 square foot parcel of land where the 160,000 gallon water tank is proposed for construction. Property boundary lines for both the San Jose Water Company parcel and District parcel should be indicated on subsequent plans and permits. • The 25,000 square foot parcel deeded to San Jose Water Company includes an easement for patrol and public trail use reserved in favor of the District. A provision for the easement was also a requirement addressed by the County Planning staff in their February 12, 2001 letter to the applicant when outlining the 330 Distel Circle * Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.orgJ B.— Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •Genera/Manager:L.Craig Britton conditions set forth in the pre-application meeting. The easement should be incorporated into the plans and permits. The plans should reflect that the construction of the water tank site will not, in any way, interfere with the District's future use of the patrol and the trail easement. • As stated in the agreements between the District and San Jose Water Company, a Permit to Enter must be obtained from the District before work can be undertaken on District land or its easements. The District requests the County to reiterate this as a condition of approval. • Maintenance for planting materials should continue beyond 60 days to guarantee successful establishment and also, the planting materials should be native to the area. I believe this has been included as one of the conditions placed on the project by the County. Although I am concerned about the lack of consultation between the applicant and District staff, I do recognize the importance of this project to the Montgomery Highlands neighborhood and,therefore, urge the Planning Commission to incorporate our conditions and approve the project. ncerely; L. Craig Britton LCB/dw Cc: Board of Director, MROSD a> U APR 2 7 2001 I rEl ' • Peninsula Open Space Trust 'I 1.'1DPFNINSULR RfGfONA( Board of DirectorsR l T R Y Allan F. Brown April 26, 2001 Patricia A.Compton Vince S.Garrod Ms. Ma D. Nichols Secretaryfor Resources Sukey Grousbeck ' Christina A.Holloway Resources Agency,Sate of California Robert C.Kirkwood 1416 Ninth Street, Suite 1311 Dianne McKenna Norman E. Matteoni Sacramento, CA 95814 David W.Mitchell Bill Reller Katie Thomson RE: Feral Pig Control T. Chester Wang Anne M.Westerfield Dear Secretary Nichols: Advisory Council Robert Augsburger The Peninsula Open Space Trust (POST) is aware that you have been James E.Baer Eleanor Boushey alerted to the serious feral pig problem that is now threatening Sheldon Bremer,Ph.D. valuable natural resources in all but two of California's counties. We Robert V.Brown William H.Clark,M.D. join other conservation organizations across the state In urging you to Sue Crane launch a State-sponsored effort to study the destructive effects of this Lois Crozier-Hogle Laurence Dawson introduced invasive species and to research methods for its control. Herbert J.Dengler J.Philip a Napoli Phyllis Draper On POST's 4,733-acre Cloverdale Coastal Ranch, located in coastal San Clarence J.Ferrari,Jr. Mateo County, the past four years have been marked by increased David L.Fletcher Rosemary Hewlett feral pig-inflicted damage. Roads and wetlands,including habitat Patricia L.Hooper areas for the federally endangered San Francisco garter snake and Mary P.Hufty,M.D. threatened California red-legged frog, have incurred serious rooting Suzanne B.King Melvin B.Lane damage. The CA Department of Fish and Game Warden for San Robert W. McIntyre Mateo County remarked that Cloverdale's wetland and road damage George M. Marcus Jacqueline Mayer was the most extensive he had witnessed in over 10 years. Pig Robert H.Miller disturbance in upland areas has exacerbated soil erosion,which is in Gordon E. Moore,Ph.D. p Bette Moorman turn increasing sedimentation into Gazos Creek,important habitat for Janet Morris the federally threatened steelhead trout. Furthermore, pig disturbance Susan P.Orr F.Ward Paine is facilitating invasion of exotic plant species such as pampas grass, Paul O.Reimer which displaces native grassland. Barbara Doyle Roupe Alexander H.Schilling,Jr. Fritz Snideman If the problem of feral pig control is to be remedied, it will require a Geraldine F.Steinberg Rosemary Young concerted,State-led effort. Cloverdale Coastal Ranch adjoins a 28,500- Lea Zaffaroni acre contiguous area of public land comprised of Butano State Park, President Big Basin State Park,Cascade Ranch, and Ano Nuevo State Reserve. Audrey C. Rust State Parks' policy on pig control has been minimally effective in controlling this species. Our understanding of State Parks' pig control policy is that rangers are to shoot pigs upon sighting. However, due to 3000 Sand Hill Road,4-135 Menlo Park,California 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust.org Recycled Paper Ms.Mary D. Nichols April 26,2001 Page 2 the pigs' nocturnal habits and the limited opportunities for rangers to safely shoot the pigs,this shoot-upon-sighting policy is minimally effective. At the Cloverdale Ranch,POST has recently implemented a hunting program in attempt to control the feral pig population. During the last six months local hunters have so far shot 12 pigs. However,the hunting effort,while effectively removing a small number of pigs from the system,is likely displacing the rest of the pig population onto adjoining public lands. This issue underscores the need for a coordinated effort to formulate a comprehensive strategy for feral pig control. The Resources Agency would be invaluable in providing oversight and direction to a statewide effort to control feral pig populations. As feral pigs continue to infiltrate nearly every region of California, and as the problem multiplies exponentially and irreplaceable natural resources are lost,California must develop a viable strategy to combat this serious problem. I urge you to lead the way to find a cost effective solution by supporting State-sponsored research on feral pig effects and population control. Thank you in advance for your support. Sinc rely, mc Audrey C. t Audrey Iu� President cc: Honorable Byron Sher Honorable Joseph Simitian Craig Britton,Midpeninsula.Regional Open Space District vI Page 1 of 1 Kristi Webb From: Katherine Greene<kgreene@etrade.com> To: <MROSD@openspace.org> Sent: Thursday, April 26, 2001 3:21 PM Subject: Docent website Dear Board of Directors, Thank you for taking the time to discuss the docent program at the meeting yesterday. I hope that we docents can help continue the District's policy of education and interpretation on this new forum of the world wide web. As your project list expands to include large issues like expanding to the coast, I believe that this tool can promote the District's reputation for community involvement,preservation of our limited natural resources, and appreciation of what has already been preserved for the public to enjoy. Here is the website we discussed, which is a result of the collaboration of Bill Bauriedel, Dennis Smith, and Bill Korbholz. It was set up for docents to test, use and return feedback. I hope you enjoy it as much as I do. As an example, I chose to find records of"Flora" at "Russian Ridge" then typed in "fiddle" in the blank box and chose "Common Names" to look up. It returned the fiddleneck, with common names, Latin names, family, etc. I clicked on the "more" hand and of eat photos. Or you can look up one of g �' the preset lists by clicking on the bottom 1-4. There are 277 plants listed at Russian Ridge alone, so although it's quick to look up, it takes time for your computer to download lists. http://208.49.20.71/nrdb/ I look forward to further discussions, and I would be happy to invite more knowledgeable docents into the conversation. Please let me know when I should ask for their time. Sincerely, Katherine Greene 650.331.5382 phone 650.331.6801 fax 4/26/01 Page 1 of 1 f Kristi Webb From: Nathaniel Mady<nmady@cisco.com> To: <mrosd@openspace.org> Sent: Thursday, April 26, 2001 10:03 AM Subject: Equal Rights 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 lm Y g 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 Nate Mady Production Specialist Lead New England MFG Center Phone: 603-896-5201 Pager: 800-365-4578 4/26/01 __I Regional Open S 'ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 25, 2001 The Honorable Liz Kniss Member, Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 Dear Supervisor ss*: .1 3:X I - -I I am writing to thank you for your past efforts and your thoughtful deliberation of the Stanford General Use Permit and Community Plan. Through your foresight and comprehensive understanding of the issue, the Stanford foothills enjoy a high level of protection from development and sprawl. Despite your hard work, however, there are continuing threats to these and other important open space lands. As you know, the Carnegie Foundation proposes to construct a 21,000 square foot building in the foothills, and will seek approval before the Board on May 8. 1 urge you to take a strong stance against such development in sensitive areas where wildlife,habitat, riparian areas, and scenic values will be negatively impacted. There are other areas where the Carnegie Foundation can build its project and avoid these environmental impacts. The Foundation needs to fully explore other locations in order to find a site where such impacts can be effectively mitigated or avoided altogether. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, and its hundreds-of-thousands of constituents, I applaud your efforts in helping to protect the foothills, and urge you to continue in that effort by denying approval of the Carnegie Foundation's current proposal. Sinc, Y, P iemens President, Board of Directors PS/lcb/mcs cc: MROSD Board of Directors San Jose Mercury News San Francisco Chronicle Palo Alto Daily Palo Alto Weekly Stanford Daily 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 s=9 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Regional Open ce s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 25, 2001 The Honorable James T. Beall, Jr. Chairperson, Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 Dear SupervisB I am writing to thank you for your past efforts and your thoughtful deliberation of the Stanford General Use Permit and Community Plan. Through your foresight and comprehensive understanding of the issue,the Stanford foothills enjoy a high level of protection from development and sprawl. Despite your hard work, however, there are continuing threats to these and other important open space lands. As you know, the Carnegie Foundation proposes to construct a 21,000 square foot building in the foothills, and will seek approval before the Board on May 8. I urge you to take a strong stance against such development in sensitive areas where wildlife, habitat, riparian areas, and scenic values will be negatively impacted. There are other areas where the Carnegie Foundation can build its project and avoid these environmental impacts. The Foundation needs to fully explore other locations in order to find a site where such impacts can be effectively mitigated or avoided altogether. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, and its hundreds-of-thousands of constituents, I applaud your efforts in helping to protect the foothills, and urge you to continue in that effort by denying approval of the Carnegie Foundation's current proposal. Sincerer Pe mens President Board of Directors PS/lcb/mcs cc: MROSD Board of Directors San Jose Mercury News San Francisco Chronicle Palo Alto Daily Palo Alto Weekly Stanford Daily 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� ®w�E. Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open S ce A ------------------------ April 25, 2001 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Honorable Peter A. McHugh Member, Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 Dear Supervisor McHugh: I am writing to thank you for your past efforts and your thoughtful deliberation of the Stanford General Use Permit and Community Plan. Through your foresight and comprehensive understanding of the issue, the Stanford foothills enjoy a high level of protection from development and sprawl. Despite your hard work, however, there are continuing threats to these and other important open space lands. As you know,the Carnegie Foundation proposes to construct a 21,000 square foot building in the foothills, and will seek approval before the Board on May 8. 1 urge you to take a strong stance against such development in sensitive areas where wildlife, habitat, riparian areas, and scenic values will be negatively impacted. There are other areas where the Carnegie Foundation can build its project and avoid these environmental impacts. The Foundation needs to fully explore other locations in order to find a site where such impacts can be effectively mitigated or avoided altogether. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, and its hundreds-of-thousands of constituents, I applaud your efforts in helping to protect the foothills, and urge you to continue in that effort by denying approval of the Carnegie Foundation's current proposal. Sine ely, ete S emens President, Board of Directors PS/Icb/mcs cc: MROSD Board of Directors San Jose Mercury News San Francisco Chronicle Palo Alto Daily Palo Alto Weekly Stanford Daily 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 a-me Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hasse",Kenneth C. Nitz -Ceneral Manager:L.Craig Britton Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 25, 2001 The Honorable Blanca Alvarado Member, Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 Dear Supervisor Alvarado: I am writing to thank you for your past efforts and your thoughtful deliberation of the Stanford General Use Permit and Community Plan. Through your foresight and comprehensive understanding of the issue,the Stanford foothills enjoy a high level of protection from development and sprawl. Despite your hard work,however, there are continuing threats to these and other important open space lands. As you know, the Carnegie Foundation proposes to construct a 21,000 square foot building in the foothills, and will seek approval before the Board on May 8. I urge you to take a strong stance against such development in sensitive areas where wildlife, habitat, riparian areas, and scenic values will be negatively impacted. There are other areas where the Carnegie Foundation can build its project and avoid these environmental impacts. The Foundation needs to fully explore other locations in order to find a site where such impacts can be effectively mitigated or avoided altogether. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, and its hundreds-of-thousands of constituents, I applaud your efforts in helping to protect the foothills, and urge you to continue in that effort by denying approval of the Carnegie Foundation's current proposal. Sincerely, 4ete emens President, Board of Directors PS/lcb/mcs cc: MROSD Board of Directors San Jose Mercury News San Francisco Chronicle Palo Alto Daily Palo Alto Weekly Stanford Daily 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 ®C• ®:» °' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassell,Kenneth C.Nitz •General Manager:L.Craig Britton Regional Open F )ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 25, 2001 The Honorable Donald F. Gage Member, Santa Clara County Board of Supervisors 70 West Hedding Street San Jose, CA 95110 Dear Supervisor Gage: I am writing to thank you for your past efforts and your thoughtful deliberation of the Stanford General Use Permit and Community Plan. Through your foresight and comprehensive understanding of the issue, the Stanford foothills enjoy a high level of protection from development and sprawl. Despite your hard work, however, there are continuing threats to these and other important open space lands. As you know, the Carnegie Foundation proposes to construct a 21,000 square foot building in the foothills, and will seek approval before the Board on May 8. 1 urge you to take a strong stance against such development in sensitive areas where wildlife, habitat,riparian areas, and scenic values will be negatively impacted. There are other areas where the Carnegie Foundation can build its project and avoid these environmental impacts. The Foundation needs to fully explore other locations in order to find a site where such impacts can be effectively mitigated or avoided altogether. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, and its hundreds-of-thousands of constituents, I applaud your efforts in helping to protect the foothills, and urge you to continue in that effort by denying approval of the Carnegie Foundation's current proposal. Sincerely, jeteb'Siemens President,Board of Directors PS/lcb/mcs cc: MROSD Board of Directors San Jose Mercury News San Francisco Chronicle Palo Alto Daily Palo Alto Weekly Stanford Daily 330 Distel Circle e 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, Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors x From: L. Craig Britton, General Manager Date: May 9, 2001 Re: FYI's 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 Page 1 of 1 Kristi Webb From: sally boyd <hyacinths4@hotmail.com> To: <mrosd@openspace.org> Sent: Tuesday, May 08, 2001 6:19 PM Subject: Las Pulgas Open Space TO THE BOARD OF DIRECTORS of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT UNTIL THE OAK DISEASE PROBLEM IS SOLVED IT IS OUR FERVENT HOPE THAT YOU WILL GIVE CONSIDERATION TO SUSPENDING THE CUTTING OF ANY MORE TREES ON PULGAS RIDGE. WE ARE UNABLE TO ATTEND THE MEETING BUT HOPE THAT THIS e-MAIL WILL BE CONSIDERED AS OUR ACTIVE PARTICIPATION. FLORENCE AND EDGAR DETHLEFSON Get your FREE download of MSN Explorer at http://explorcr.msn.com i 5/9/01 State of California-The Resoui agency GRAY DAVIS, Governor DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov 1416 Ninth Street Sacramento, CA 95814 (916)653-7667 May 1, 2001rp MAY I 8 2001 ` h!fDFFi�iNSUI Pf-CIONAL NIP Mr. L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Dear Mr. Britton: Resources Secretary, Ms. Mary D. Nichols, has referred your letter regarding damage by wild pigs to me for reply. I appreciate your concerns about the disruptive effects of wild pig rooting. We do need to work closely together to minimize the impacts caused by this exotic species, and try to control them by the most effective means. The Department of Fish and Game (Department) is working on several fronts to try to mitigate the adverse effects caused by wild pigs. Currently, the Department has several programs to remove wild pigs in areas where they are not wanted. Your suggestion that the State, the State University and University of California systems, or the Department promote and assist funding of research to address this issue merits consideration and Department staff will look into partnership opportunities to pursue viable solutions. I believe the relationship the Department has with MROSD staff is healthy and productive. I hope that the results of our ongoing research and control programs will help us find better ways to alleviate the problems created by wild pigs. If you have additional concerns or questions about these issues, please contact Dr. David S. Zezulak, Chief of Wildlife Programs Branch, 1416 Ninth Street, Sacramento, California 95814, or by telephone at (916) 653-1921. Sincerely, OIV— ROBERT C. HIGHT Director cc: Ms. Mary D. Nichols Resources Agency e,0�� (? V44,;44 w-�t .0 s;.�Z 12)1n Page 1 of 1 Kristi Webb From: Marc W LeGette <MLeGette@outpurchase.com> To: <mrosd@openspace.org> Sent: Monday, May 07, 2001 2:04 PM Subject: Open Los Trancos on Weekdays Dear MROSD Board, I respectfully request that you consider re-opening Los Trancos to Mountain Bikes on Weekdays. This beautiful yet seldom hiked trail system is great for cyclists on weekdays. This will minimize trail impact, negative hiker encounters and still offer access for those who love the well laid out trails. Kind regards, Marc LeGette Registered Voter 5/8/01