HomeMy Public PortalAbout20040225 - Agendas Packet - Board of Directors (BOD) - 04-05 Regional Open Sp .e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
(:H.FBRATING 30 YLARS OF OPEN SI'ACI_ PRLSERVA.TION
Meeting 04-05
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday,February 25,2004
330 Distel Circle
Los Altos, California
AGENDA*
Please Note: 6:30 p.m. Closed Session Special Meeting Start Time
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 Legal Counsel—Existing Litigation,Government Code Section 54956.9(a)
Name of Case- Half Moon Bay Coastside Foundation,et al.v. Midpeninsula Regional Open Space
District, San Mateo County Superior Court Case No. CW432548
2. Conference with Legal Counsel—Anticipated Litigation
Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)
One potential case
7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF TBE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
** ORAL COMMUNICATIONS—Public
ADOPTION OF AGENDA—M. Davey
ADOPTION OF CONSENT CALENDAR—M.Davey
j BOARD BUSINESS
7:40* 1 Annual Progress Report on the Use of Radar on District Lands for Calendar Year 2003;Accept the
i
Information Report on the Radar Program—D. Sanguinetti
7:50* 2 Report on Ranger Bicycle Patrol Program for Calendar Year 2003;Accept the Informational Report
on the Ranger Bicycle Patrol Program—M.Newburn
8:00* 3 Field Enforcement Activity for 2003 and Thirteen-Year Field Activity Summary;Accept the 2003
Miscellaneous Enforcement Activity Summary and the Thirteen-Year Field Activity Summary—
J.Maciel
33o Distel Circle 650-691-1200 info@openspace.org BOARDffl DIRUrORS Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER
Las Altos CA 94022-1404 650-691-04$5fax www.openspace.org Deanf,Ldfle,Nor?ette,6 Lanka,Carry Nassett,Kenneth C.Nitz L.Cray Britton
i
Meeting 04-05 Page 2
8:10* 4 Authorize the General Manager to Enter into a Four-Year Lease with Lanier Corporation for Two
Copier Machines in an Amount Not to Exceed$65,474.40-L.Zadek
8:20* 5 Adoption of a Resolution Establishing a Public Participation Process for Reapportionment of the
District's Ward Boundaries to Include the Proposed Coastside Protection Area-C.Woodbury
8:30* 6 Approval of Settlement Agreement and Mutual General Release in the Matter of Midpeninsula
Regional Open Space District v.Wozniak: Encroachment at Bear Creek Redwoods Open Space
Preserve;Determine That the Recommended Actions are Exempt from the California
Environmental Quality Act as Set Out in This Report;Adopt the Attached Resolution Approving the
Settlement Agreement and Mutual General Release Agreement and Authorizing the Execution of
the Attached Pasture and Water Improvements License, and Pedestrian Use Permits;Amend the
Previously Approved Preliminary Use and Management Plan as Recommended in this Report-
S. Schectman
8:45* 7 Authorization to Amend Contract with Panko Architects for Design and Engineering Services to
Replace the Maintenance Building for the Foothills Field Office at Rancho San Antonio Open Space
Preserve;Authorize the General Manager to Enter into an Amendment to the Contract with Panko
Architects of San Mateo for an Additional Amount Not to Exceed$17,920, for Design and
Construction Administration Services and Reimbursable Expenses,to Complete the Construction of
the Maintenance Shop Building for the Foothills Field Office at Rancho San Antonio Open Space
Preserve- S. Schur
*** 8 Acknowledgement of Rents Received and Acceptance of Continued Tenancy with Bay Area
Cellular Telephone Company Doing Business As AT&T Wireless at Pulgas Ridge Open Space
Preserve; Determine that the Recommended Actions are Categorically Exempt from the California
Environmental Quality Act(CEQA)As Set Forth in this Report;Authorize the President of the
Board of Directors to Execute the Acknowledgement of Rents Received and Acceptance of
Continued Tenancy with Bay Area Cellular Telephone Company,a California General Partnership,
Doing Business As AT&T Wireless at Pulgas Ridge Open Space Preserve-M.Williams
9:00* INFORMATIONAL.REPORTS-Brief reports or announcements concerning pertinent activities of District
Directors and Staff.
*** REvnED CLAIMS
9:15* AwouRNMENT
* II
Times are estimated and items may appear earlier or later than listed Agenda is subject to change o order.
Y pPe 8 I g .}�
** TOADDRESSTHEBOARD: 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.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE
IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR
TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE
ACCESSIBILITY TO THIS MEETING.
I
Regional 0 en S -e
p �
R-04-23
Meeting 04-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
February 25, 2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
AGENDA ITEM 1
AGENDA ITEM
Annual Progress Report on the Use of Radar on Distri t Lands fo Calendar Year 2003
GENERAL MANAGER'S RECOMMENDATION
Accept this informational report on the Radar Program.
DISCUSSION
At your Regular Meeting of December 14, 1994, you approved the program for use of radar
by District rangers and directed staff to report annually on its use (see Report R-94-124).
During the last nine years rangers have used radar to continue to increase visitor awareness and
to enforce the District's trail use speed limit.
Radar Program Data
The data contained in the table below represents the total use of radar by District rangers
during the last nine years. Over the period represented, the number of equestrians recorded by
radar was less than 1% of the total readings taken. None of the equestrian readings have been
in excess of the District's trail use speed limit, so they were not included in the table.
i
Number of Radar Readings
1995 1996 1997 1998 1999 2000 2001 2002 2003 Total
::.:::..:.:.........................................:...:.. .:. ..... ..... . ..........
< 15 MPH 950 1,798 2,697 2,081 2,415 1,980 1,886 2,316 2,158 18,281
16 -20 MPH 248 553 758 659 631 133 478 649 633 4,742
21 - 25 MPH 82 149 214 136 179 133 179 184 203 1,459
26 - 30 MPH 16 23 25 30 16 11 19 33 21 194
> 30 MPH 3 7 2 2 6 5 0 16 2 43
7 2
Total > 15 MPH 349 732 999 827 832 282 676 88 859 6438
Total Readings 1,299 2,530 3,696 2,908 3,247 2,262 2,562 3,198 3,017 24,719
Ratio of Violations 26.87% 28.93% 27.03% 28.44% 25.62% 12.47% 26.39% 27.58% 28.47% 26.04%
to Readings
..:..:..:....................:::::.:::::::.:::::::::::......:.:::::::::.::.:.::.:::::::.:::.....:................ ......... ...........................
. .................................................
Citations 22 53 57 38 25 30 31 61 50 367
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens Mary y, y Dave Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
„,R, 0 ""m,,,Ea
R-04-23 Page 2
The attached chart (Appendix A) illustrates the percentages of speed observations averaged
over the nine year period of 1995 - 2003.
Findings
1. The majority of bicyclists using District trails adhere to the trail use speed limit; however,
28% of the riders observed exceeded the trail use speed limit of 15 miles per hour in 2003.
2. The ratio of trail use speed limit violations over the last nine years has remained fairly
constant, between 25% to 29% of the total number of readings.
3. The radar program continues to provide opportunities for rangers to contact bicyclists and
educate preserve users regarding trail use safety.
CONCLUSION
In 2003, staff completed 483 hours of radar service. This is an increase of 29% from the 373
hours completed in 2002. This was a further increase from the 289 hours which were
accomplished in 2001. A number of factors contributed to this, including filling staff
vacancies, and also staff s follow through on Board direction that more time be spent on
bicycle speed enforcement. Citations issued for speed violations also increased from 31 in
2001 to 61 in 2002, but decreased to 50 in 2003. Written warnings increased from 40 issued
in 2002 to 42 written in 2003. In 200152 written warnings were issued. The ratio of
citations issued to speed violations greater than 20 MPH observed decreased from 26% in
2002 to 22% in 2003.
The number of readings of greater than 30 MPH decreased from 16 in 2002 to 2 in 2003.
Staff focused their attention on the new aspect to the sport, so called "extreme mountain
biking," and this work helped to achieve better compliance with the District's speed limit.
Staff believes that the use of radar and the speed enforcement program, is an effective means
of increasing public awareness about safe trail use. It is an objective method of determining a
trail user's speed and increases the frequency of informational contacts. It is also staff's
experience that trail use speed limits are more often observed by bicyclists when they are
aware that rangers are using radar and enforcing the trail use speed limit. The percentage of
speed violations is likely to be greater when radar is not being operated.
Prepared by:
Gordon Baillie, Management Analyst
Brendan Downing, Supervising Ranger
Contact Person:
David Sanguinetti, Area Superintendent
R-04-23 Page 3
Appendix A
Average Radar Readings - by Speed Category
1995 -2003
26-30 MPH >30 MPH
0.78% - 0.17%
21-25 MPH
5.90%
16-20MPH
19.18%
73.96%
I
Regional Open S1, .-e
MIDPENINSUEA REGIONAL, OPEN SPACE DISTRICT
(:F.LEBRATJNG JO YEARS OF OPEN SPACE PRESERVATION
R-04-22
Meeting 04-05
February 25, 2004
AGENDA ITEM 2
AGENDA ITEM
Report on Ranger Bicycle Patrol Program for Calendar Year 003
GENERAL MANAGER'S RECOMMEN T10N
Accept this informational report on the ranger bicycle patrol program.
BACKGROUND
At the December 14, 1994, meeting you approved the ranger bicycle patrol as an ongoing part
of the ranger patrol duties (see Report R 94-125). The Board also requested that staff provide
an annual progress report on the program. This report reflects the status of the program for
2003.
DISCUSSION
The bicycle patrol program includes seven mountain bicycles available to the ranger staff.
Y P P g Y g
Two rangers from each office are assigned to bicycle patrol for a one year period, leaving the
third bicycle at each office available for the other rangers to share.
Written procedures were developed for the bicycle patrol program. Each ranger is required to
keep track of the following information: time spent preparing for bicycle patrol each day,
actual time spent on bicycle patrol, and the number of public contacts made while on bicycle
patrol.
Following are the statistics for the 2003 calendar year:
• Rangers performed 114 bicycle patrols, for a total of 214 hours of patrol time.
• Approximately 1,155 visitors were contacted (an average of 10.1 contacts per patrol).
• Approximately 20.5 hours were spent on preparation and maintenance of the bicycles.
33o Distel Circle 650-691-1200 info@openspace.org BOAPL)M DIR�(TORs ,MoryDavey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-69i-0485 fax www.openspace.org Ocanf,Little,Nonet-te Hanko,Larry Hossett,Kenneth C.NLtz L.Craig Britton
R-04-22 Page 2
The total bicycle patrol hours for the last eight years are as follows:
2003 214 hours
2002 234 hours
2001 361 hours
2000 184 hours
1999 309 hours
1998 280 hours
1997 710 hours
1996 192 hours
1995 183 hours
The large increase in patrol hours from 1996 to 1997 was due to better weather and to increasing
the number of available bicycles. Long wet winters in 1998 and 1999 contributed to the reduction
of bicycle patrol hours from their 1997 peak. An emphasis on providing training and orientation
of new employees in the last year has affected staff s participation in the program.
Staff will be encouraged to continue the trend of increased bicycle patrol hours. The program is a
voluntary one, with incentives in the form of an increased uniform allowance for staff who
achieve 50 hours of patrol during the calendar year. There are currently four bicycles available in
the Foothills area, and three bicycles in the Skyline area.
The nature of the visitor contacts included numerous informational contacts, and verbal and
written warnings for violations such as excessive speed and other District ordinance violations.
Bicycle patrol rangers issued citations for helmet violations, riding in a prohibited area, and dogs
off leash. A few responses were made to accidents on the trails. The rangers on bicycle patrol
indicated that the public response to seeing rangers on bicycles continues to be very positive.
Once again, this year's program ended with no reported employee accidents or injuries.
CONCLUSION
The ranger bicycle patrol program continues to be an effective way to patrol District trails. It has
been well received by all visitor use groups. The program provides an incentive for staff to
devote more time to a non-motorized form of patrol.
Staff will be encouraged to continue their involvement in this voluntary program.
Prepared by:
Michael Newburn, Area Superintendent
Gordon Baillie, Management Analyst
Contact Person:
Michael Newburn, Area Superintendent
Regional Open Sp.-,L"e
------------------------------
R-04-24
Meeting 04-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
February 25, 2004 (A-A,EBRAIANG 30 YEARS OF OPEN SPA(:E PRESERVATION
AGENDA ITEM 3
AGENDA ITEM
Field Enforcement Activity for 2003 and Thirteen-Year eld Activity,$ummary
GENERAL MANAGER'S RECOMMENDATION
Accept the 2003 Miscellaneous Enforcement Activity Summary and the Thirteen-Year Field Activity
Summary.
DISCUSSION
Since April 1995, staff has given the Board written monthly reports on emergency incidents and
enforcement activities on District land. At the end of each year, you have been given a summary for that
year as well as a comparison with previous years.
Two summaries are presented for your review: the 2003 Miscellaneous Enforcement Activity Summary
(Appendix A), and the Thirteen-Year Field Activity Summary (Appendix B), with highlights represented
in graph form(Appendices C and D).
The Miscellaneous Enforcement Activity Summary(Appendix A)lists, in chronological order for the past
year, contacts made or reports taken by staff of potentially serious, violent, or other criminal activity on
or near District land. This is not a comprehensive fist of incidents, but a list of incidents of special
interest or concern. The Thirteen-Year Field Activity Summary includes violations of District Land Use
Regulations, emergency responses, criminal activity, and mutual aid incidents. Only contacts that resulted
in some form of written record, such as a District incident report, written warning, citation, or mutual aid
assistance report, have been included in these summaries. General assistance to preserve visitors,
informational contacts, and verbal warnings have not been included.
Trends and Issues
The total number of noted violations of District ordinances has increased to 1,731 this year. This is a an
increase of 18% from last year's number. It should be noted that Parking, and Parking After Hours
violations constituted 647 of the recorded District violations. When parking violations are removed, the
number of noted violations of District Ordinances rose from 839 in 2002 to 1,084 in 2003, an increase of
approximately 30%. Parking problems in Rancho San Antonio continue to be an area of focus and
attention.
An increase in the number of observed violations may be in part due to new staff members, who
completed their training in 2003 and who are providing a greater patrol presence in the field.
33o Distel Circle 650-691-1200 info@openspace.org B 0 A RD OF D I RH R,iR, flete Slemens,MaryDavey led Cyr, CE NERAL MANAGER
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Di,imp ttle,Nnoerte/hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
4�1,111111111*1 4011'11'J`11211=1'11
R-04-24
Page 2
Recorded bicycle violations increased from 301 in 2002 to 333 in 2003 (an increase of 10.6% - see chart
below). Recorded incidents of night bicycling increased substantially from last year, but staff feel this is
more the result of increased staffing, and later-evening patrols, rather than in a increase in this activity
by bicyclists.
1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
A. VIOLATIONS
1.Bike-closed area 120 172 197 154 125 149 112 101 112 99 62 60 6
2.Bike-speed 43 1011 149 112 851 68 641 82 1011 9
3.Bike-helmet 203 255 287 263 92 148 128 159 135 15
4.Bike-night riding 44 17 29 3 39 5 2
Total Bicycle
Violation 120 172 197 400 481 585 531 295 357 294 342 301 3311
The total recorded number of acts of recorded vandalism dropped from a high of 107 in 2000 to 57 in
2001, and continued at about the same level (58) in 2002 and 62 in 2003. Staff continue to monitor the
vandalism problem and to install more vandal resistant infrastructure.
The number of accidents experienced by bicyclists decreased slightly from last year, while the number
of hiking/running accidents increased slightly. The number of equestrian accidents remained at exactly
the same level as last year. Appendix D provides graphical information on accident trends for different
user groups.
The final vacant ranger positions were filled in 2003, bringing the patrol staff up to full levels for the
first time in two years. However, currently one ranger is out on disability, and one is out on maternity
leave. Despite this, a stronger patrol presence has been made in 2003.
Prepared by:
Gordon C. Baillie, Management Analyst
Research Assistance:
Carrie Sparks-Hart, District Ranger
Contact Person:
John A. Maciel, Operations Manager
R-04-24 Page 3
2003 Miscellaneous Enforcement Activities
APPENDIX A
KEY SCSO Santa Clara Sheriffs Office OS Off District lands CDF CA Dept. Forestry
SMSO San Mateo Sheriffs Office CHP CA Highway Patrol F&G CA Fish& Game
LGPD Los Gatos Police EPAPD East Palo Alto Police Dept.
CAMP Campaign Against Marijuana Plantations
Date Nature of Incident Outcome Rangers Law
Present Enforcement
Assistance
January
18 District rangers assisted SC CO Subjects found with a potato gun. 2 3
rangers SCSO in investigating a Warned for possession of weapon and
report of shots fired. cited for closed area violation
30 Stolen vehicle found SCSO investigated—vehicle was 2 2
recovered
February
2 A bicyclist pushed past a ranger Subject was issued a written warning, 1 0
who was operating radar, and later and is known to rangers from past
threw his bicycle to the side of the encounters.
trail.
7 A ranger observed two subjects Ranger and EPAPD stopped the 1 2
smoking marijuana at Ravenswood. subjects, and the driver was arrested for
The subjects attempted to leave the DUI.
area.
March
28 A delusional subject, who was After evaluation, the subject was 3 0
identified as being a paranoid determined not to pose a hazard to
schizophrenic, and who had been himself or others and was released.
shouting to himself, was
interviewed.
April
12 A subject was stopped in EPAPD responded. Other subjects 1 1
Ravenswood for littering. Three could not be located. Subject who
other individuals,who were with littered was warned&released.
the subject, fled.
16 A woman was stopped for carrying SCSO dismantled the weapons, and the 4 2
two large hammers with knives subject was warned for carrying
attached. dangerous weapons. Woman had been,
previously contacted for the same
violation.
22 A mentallyunstable visitor was SCSO detained the subject on a 72-hour 1 2
J
found at Rancho San Antonio OSP. psychiatric evaluation hold.
May
2 A subject was stopped for spinning Subject was issued a District citation, 3 2
donuts in the Monte Bello parking and arrested by PAPD for the warrant
lot, and found to have felony and drug possession.
warrants.
R-04-24 Page4
Date Nature of Incident Outcome Rangers Law
Present Enforcement
Assistance
31 Nine juveniles were contacted at Subjects were issued written warnings 3 0
Rancho San Antonio OSP for and released. The weapons shoot hard
shooting at each other with realistic plastic pellets.
looking replica guns.
June
21 Three visitors under the influence Subjects were intoxicated and not able 2 1
were contacted in Fremont Older to drive. Subjects were cited and
for an after-hours violation. transported by SCSO to a nearby
residence.
30 Rangers and SMSO searched for a Subject was found deceased. 6 10
suicidal subject at Coal Creek.
July
6 Three small arson fires were SCSO, CDF and San Jose Fire 4 3
extinguished in Sierra Azul over a responded.
24 hour period.
13 A '/z acre fire was extinguished at Evidence indicated this was likely an 4 3
Sierra Azul. arson fire. SCSO, CDF and San Jose
Fire responded. l
14 A decomposed sheep, with it's head The animal appeared to have been 3 1
and limbs removed, was found in a butchered by someone with experience.
bag at Purisima OSP.
18 Ten shots fired were heard in Sierra Suspect left the area prior to the arrival 3 0
Azul. Additional shots were heard of the SCSO. Twenty-two shell casings
while the ranger awaited the arrival were found.
of SCSO
22 Eight subjects were found in Subjects were warned. 4 0
possession of 9 air guns at Skyline
Ridge
August
29 Subjects were found parked in a Subjects were found to be smoking 2 2
vehicle after hours at Sierra Azul. marijuana. One subject was picked up
The windows of the vehicle were by her parents,the other two were
fogged u . transported b deputies to their
gg p p Y p
residence.
30 A man and a woman were observed Subjects were issued warnings for 2 0
littering and engaging in sexual littering and informed that the parking �
activity at Ravenswood. The male lot is not a place for sexual activities.
stated that he had just been paroled
from State prison, and the woman
was familiar to rangers from two
prior encounters between her and
other males.
September
9 Twenty seven marijuana plants Plants were removed. 2 0
were discovered at Coal Creek.
15 A disoriented subject became Subject was restrained by paramedics 1 2
combative with paramedics when and SCSO and was arrested for being
they attempted to provide medical drunk in public.
care.
R-04-24 Page5
Date Nature of Incident Outcome Rangers Law
Present Enforcement
Assistance
19 A neighbor reported hearing shots Two rangers responded, and were 4 0
fired in Sierra Azul. informed of an extended response by
Santa Cruz SO. Citations and warnings
were issued, and ammunition was
seized.
October
3 Five subjects were contacted for Two subjects were juveniles,who were 2 1
after-hours and marijuana use in picked up by parents. Citations were
Sierra Azul issued.
5 A man was reported to be carrying A similar report was received on 10/1. 1 2
a rifle and dressed in camouflage at The subject was not located.
Rancho San Antonio. i
7 A woman was contacted at Subject was taken into custody by 2 2
Ravenswood for littering. She was EPAPD for a 72-hour hold.
found to be under the influence of
crack cocaine and alcohol.
18 A neighbor reported approximately Rangers and SMSO responded. A 2 2
100 shots being fired at La Honda paintball course and other ammunition
Creek OSP. was found. The course was dismantled.
24 Rangers and SMSO responded to a Subject was not located. 2 1
report of a subject at Windy Hill
exposing himself,and video taping
the event
November
8 A suspicious subject contacted The driver left the area, followed by the 2 4
rangers at Sierra Azul. A check of rangers.He crashed his vehicle on
the vehicle's license revealed it was Highway 17 and was later apprehended
stolen. by CHP.
1 w e bet left behind a large pile of 1 0 21 A mentally unstable subject as The sub c e t e d
Y J J g p �
questioned in the parking lot at clothing, covered in excrement. The
Ravenswood. She ignored the ranger disposed of the garments.
ranger and left the area at high EPAPD was advised.
speed.
December
3 Two EPAPD undercover detectives Both subjects were subsequently 1 2
contacted two subjects for probable released.
narcotics and prostitution at
Ravenswood.
12 Four juvenile subjects fled when Two subjects were caught,but one 2 1
contact for after hours was subject fled again after being
attempted at Rancho San Antonio. apprehended. SCSO transported the
juveniles to their homes
26 Fresh blood was observed at the EPAPD advised that they had 1 0
Ravenswood gate. previously dispatched two vicious pit
bulls at that location
R-04-24 Appendix B Page 6
THIRTEEN YEAR FIELD ACTIVITY SUMMARY
1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
A.VIOLATIONS
I Bike-closed area 120 172 197 154 125 149 112 101 112 99 62 60 63
.Bike-speed 43 101 149 112 85 68 64 82 101 93
3.Bike-helmet 203 255 287 263 92 148 128 159 135 152
4.13i e-night riding 1 44 17, 29 3, 39 5 25
5.Bike-Unsafe Operation 1 1 13 3 1 3 1 31 4
6.Dogs-prohibited 21 31 58 58 62 63 72 37 48 34 40 521 72
7.Dogs-offleash 33 82 92 76 67 81 101 63 58 82 111 129 168
i.Off road vehicle 41 39 26 20 15 16 11 17 18 16 27 18 34
9.Closed area 176 252 286 262 9 38 30 17 21 8 17 31 55
10.After hours 127 194 148 118 89 80 76 106 183
I I.FisWng 0 0 2 6 6 5 0 01 11 41 2 6 10
12,Vandalism 14 13 1 27 19 1 28 26 20 42 106 109 57 58 62
13.Parking 119 180 173 114 173 192 154 187 138 192 5051 2671 233
14.Park,ing after hrs. 225 182 228 197 188 224 262 3661 414
15.Dump/litter 13 11 11 18 15 7 9 8 10 13 6 41 15
16.Campfires 18 18 7 12 9 6 4 1 17 4 5 1 4
17.Camping 10 19 22 19 6 5 4 7 20 9 2 1 81
18.Weapon contact 12 26 10 16 7 5 4 81 10 2 6 1 24
79.Weapon report 1 26 15 3 13 5 7 8 4 8
20,Weapqp-Evidence of 6 2 3
20.Other 127 54 59 121 11 90 33 33 61 52 53 114 105
Total 704 897 970 1,141 1,267 1,510 1365 11046 1,158 1,133 1,526 1,4641 1,733
B.ACCIDENTS/FIRE
I.Bicycle 24 46 41 41 57 52 47 35 36 28 37 311 28
2.Equestrian 5 4 3 5 6 7 13 2 1 2 3 7 7
3.1-liking/Running 27 11 18 19 19 14 22 8 9 8 22 10 16
4.Other first aid 13 14 11 6 2 8 13 12 10
5,Search&rescue 13 6 11 7 9 12 10 12 7
6Vehicle 7 3 3 6 12 6 7
7.Helicopter landings 8 2 8 7 9 10 6
Uire(-acres) 1(<I) 3(<I) 5(6) 4(1) 3(13) 3(3/4+)l 3(1) 1(<I)l ll(-10) 01 6(58) 61 1
Total 57 64 67 69 108 93 122 64 73 71 112 94 85
77
C.ENFORCEMENT
I.Citations 373 445 463 430 654 716 629 519 505 410 845 761 882
2.Written warnings 199 255 236 429 468 695 655 414 489 530 570 518 640
3.Arrests 7 8 7 6 3 2 4 1 3 5 7 3 21
4.Police assistance 32 22 36 28 24 11 27 37 38
Total 579 708 706 865 1,157 1,435 1,324 9621 1,021 9561 1,449 1,326 1,562
D.CRIMES
I.Auto burglaries 32 23 8 7 14 2 5 21 14 5
2.False information 1 7 11 13 11 to 3 4 1 3
3.Resisting Peace Officer 3 9 9 6 11 4 9 51 18
4.Assault 1 0 3 2 0 3 2 21
5.Poaching 3 2 2 3 0 0 1 0 1
6.Possession/Cultivadon-Marijuana 9 10 8 3 9 10 1
7.Minor in possession of Alcohol 23 15 11 5 12 3
8.Other 15 16 14 20 10 12 18 1
Total 0 01 0 32 37 45 82 75 62 33 70 53 571
E.MUTUAL AID
!.Accidents 12 18 26 54 28 26 36 43 32 31 28 381 381
2.Enforcement 11 28 1 29 181 15 261 12 14 Ill
3.Fire(-acres) 2(2) 4(48) 3(1+) 2(10+)l 4(5) 5(2+) 8(28) 5(<9) 12(<12) 7 8 4 2
4.Helicopter landings 2 11 11 7 7 4 9 11
5.Other 4 1 4 2 3 3 8
Total 14 1 22 29 56 45 70, 80 74 70 701 60 70
R-03-18 Appendix C Page 7
District Enforcement Activities
Thirteen Year History
2000
1800
1600
1400
c 1200
ev
1000
o f
0 800 OP
000
60000
/ �'#.. ,• ..... L. , r xr.F:.I..i-z". ; .t: #.4.i/ "3'# i.;')' FS F'#.r
� � � � t ��sri°:i.i.:.::+s.f.� � :;;_i 34•:.. ,;£.;.:a 4�:r;., �
400 so
i3Y3 4 f-f__ 1# g, ax � �. �- .n "„"'`^'^^w..,uw ...,..+...• .•.
200 •;:3:
1991 1992 1993 1994 -1995 1996 1997 - 1998 1999 2000 2001 2002 2003
Bicycle Violations ,-.,.4.. f. #Written Warnings - - Citations —Total Violations —--— Vandalism
i
R-04-24 Appendix D Page 8
3
Accidents By User Type
60
50 - ---
40 - -- -
N
C
41 _
Q 30 -- --
c -
z --
20
10
0
r`
1991 1992 Bicycle
1993 1994 1995
1996 1997 -T---____r Hiking/Running
1998 1 ggg Equestrian
Year 2000 2001
2002 2003
Regional Open F ice
R-04-28 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-05
February 25, 2004
AGENDA ITEM 4
AGENDA ITEM
Authorize the General Manager to Enter into a Four-Year Lease with Lanier Corporation for
Two Copier Machines in an Amount Not to Exceed $65,474.40
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to enter into a four-year lease the Lanier Corporation for
two new copy machines for the Administrative office.
DISCUSSION
At your Regular meeting on February 11, 2004 you reviewed staff recommendation requesting that
the General Manager enter into a four-year lease with the Lanier Corporation for two new copy
machines for the Administration office (see attached Report R-04-25).
The lease for both copiers includes toner for each machine at no additional cost. Lanier uses only
recycled toner cartridges. The model LD060 includes 90,000 copies per quarter with an overage
charge of$0.01 per copy over 90,000. The smaller copy machine, model 5518, includes 3,000 copies
per quarter with an overage charge of$0.022 per copy over 3,000. It is estimated that the District's
annual copying output is between 360,000 and 375,000, which equals an approximate $0.045 cost per
copy—all inclusive (i.e. toner, lease payment, maintenance and repair, etc.).
The scanning function on the LD060 will be set up to save the scanned documents in PDF format;
however, documents can be set up to be saved as JPG and/or TIF formats.
RECOMMENDATION
Currently the District is paying $1,391.00 per month for both the 5365 and the 5216 copy machines.
The proposal from Lanier includes replacing the 5216 machine with a slightly faster model that allows
form feeding. The cost per month for upgrading both copy machines will be $1,365.00 based upon a
48 month term, bringing a yearly savings of$322.00 to the District The total cost to the District over
the four-year lease will be $65,474.40, or $16,368.60 per year. Staff recommends that the Board
approve authorizing the General Manager to enter into the four-year lease with the Lanier
Corporation.
Prepared by:
Lisa Zadek, Office Manager
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 openspace.org - Web site:www.openspace.org #P;� RM:
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Larry Hassett,Kenneth C. Nitz - Genera!Manager:L.Craig Britton
(Vv 11
-i'41a
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-04-25
Meeting 04-04
February 11, 2004
AGENDA ITEM 4
AGENDA ITEM
Authorize the General Manager to Enter into a Four-Year Lease with Lanier Corporation for
Two Copier Machines in an Amount Not to Exceed $65,474.40
GENERAL MANAGER'S RECOMMENDATION
Authorize the General Manager to enter into a four-year lease wi Lanier Corporation for
two new copy machines for the Administrative office.
DISCUSSION
The copy quality of our larger copy machine has deteriorated and calls requesting service have
increased. Staff has been researching and meeting with representatives from different copier
companys, including Lanier, Xerox, and Panasonic. After reviewing the information received, staff
has concluded that it is in the best interest of the District to lease a new copy machine. As each year
passes, the copier technology improves while the price decreases. As a result, Lanier offers the
District the best and most cost effective package for replacing the current 5365 model and 5216
models. Although the District's current four-year lease does not expire until April 2005, Lanier has
included"buying back" the current lease and is able to offer two new copiers that incorporate more
desirable features for the District.
The new recommended model LD060 represents the pinnacle of technology for digital devices. The
document feeder is a"single pass" two-sided scanner that scans both sides of the documents
simultaneously and then sends the output of the document through a single sheet vertical duplexer
with a shorter paper path which results in a lower chance of paper jams and maximizes productivity.
It also allows a faster warm up time and a quicker first copy time. There is a document server to
store commonly used forms (fax forms, memo templates, routing slips, etc.).
Scanning
Any document can be scanned: from I I"x 17" sized documents to book originals to one or two-
sided documents. Once scanned, the document(s) can be sent to a file on a computer workstation, or
e-mailed to a 3d party.
File conversion becomes an easy and cost savings way to back up old files—such as Board meeting
files, Minutes, Purchase Agreements, Recorded Deeds, Policys of Title Insurance, Ordinances,
Resolutions, etc. Use the of the"batch scan" feature to scan an unlimited number of pages to a
workstation, then the files can be burned to CD/DVD media, drastically reducing liability from fire or
other potential disasters, as well as eliminating the need to go to an outside vendor to do
microfilming/microfiche CD production(currently budgeted at$1,200 per year).
310 Distel Circle , Los Altos, CA 94022-1404 Phone: 650-691-1200
1x: 6'10-691-048,; E-mail: mi-osd@openspac(-,.org y Web site:www.openspace.or
R-04-25 Page 2
The scan to e-mail function could also be used to distribute documents like meeting minutes or
memos. Scan a document into the copy machine's scanner and then distribute to the recipient's e-
mail inbox. Volunteers could possibly be utilized to scan historic District documents which could
then be backed up electronically or"burned" into the CD/DVD format. It is possible to save office
space by storing documents electronically as opposed to hard copies.
Copier as Printer
Staff comfortable with HP printers can continue to use those models, but the new printer capability
on the copy machine includes printer domain and offers a faster printing speed than HP printers. This
print function allows users to utilize icons to produce jobs, making printing complex jobs easier. This
function also allows the user to both print and make appropriate copies in a"one stop shopping"
scenario.
RECOMMENDATION
There is no cost to make a change in our copy machine now, rather than waiting until the lease
expires in April 2005, in fact there is a nominal savings. Currently the District is paying $1,391.00
per month for both the 5365 and the 5216 copy machines. The proposal from Lanier includes
replacing the 5216 machine with a slightly faster model that allows form feeding. The cost per month
for upgrading both copy machines will be $1,365.00 based upon a 48 month term, bringing a yearly
savings of$322.00 to the District The total cost to the District over the four-year lease will be
$65,474.40, or$16,368.60 per year.
Prepared by:
Lisa Zadek, Office Manager
Contact person:
Same as above
Ili
Regional Open Sp. .-e
R-04-29
Meeting 04-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
February 25, 2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
AGENDA ITEM 5
AGENDA ITEM
Adoption of a Resolution Establishing a Public Participation Process for Reapportionment of the
District's Ward Boundaries to Include the Proposed Co iside rotection Area
GENERAL MANAGER'S RECOMMENDATION
Adopt the Resolution Establishing a Public Participation Process for Reapportionment of the
District's Ward Boundaries to Include the proposed Coastside Protection Area.
DISCUSSION
Residents of the proposed Coastside Protection Area have asked for information concerning the
potential number of the District's elected officials, how the District's wards would be
reapportioned in the event the Coastside Protection Program were approved, as well as how
residents of the Coastside Protection Area would participate in determining the configuration of
ward boundaries.
By law, the District is limited to a maximum of seven wards, which by law must represent
approximately the same number of constituents. The District is composed of seven wards with
approximately 100,000 residents in each. The ward boundaries were reapportioned in 2002 based
upon the 2000 Census. Representation for the Coastside Protection Area would require the
District to reapportion all of its ward boundaries. Since the population within the Coastside
Protection Area is 29,000, based on the 2000 Census, a separate ward for coastal San Mateo
County is not feasible and would not meet legal requirements. However, the Coastside
Protection Area could be included in one or more wards, providing elected representation for all
Coastside residents, and enabling one or more residents the opportunity to run for and serve on
the District's Board of Directors.
In recognition of the Board's commitment to work with coastside residents, community groups,
local elected officials, and interested parties to develop a redistricting plan that best reflects
overall desired ward configurations, staff recommends the following public participation process:
• Staff will prepare up to four alternative redistricting scenarios that illustrate the extension
of one, two, three or four wards to include the Coastside Protection Area. Each of the
four scenarios will be based on the legal criteria established by Federal and State law, and
any applicable District criteria, for reapportionment of election districts.
• In order to include as many constituents as possible in determining the new ward
boundaries, the District will conduct public workshops to present the alternative
redistricting scenarios and receive input from residents, community groups, coastside
organizations, and elected officials.
33o Distel Circle 650-69i-izoo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
. . . _.y�. . � )
a . , ! �
l � � . ( , . , :y . �
 , � . �> i w :�« ° � ^
\ r/ dQ< � � .
> .��� . � �
�^^ �d \. /��\ { \ d
\ ���d� .
. z ! :
: } 6 ��. .
� \ » : � . \ � ;
\ , . x } : � < . ,
� � . , ! ° , « % �
\ ^ �® » ° ! �
° «:�^ j \
v . : .
�� � �° : � }
� 1�°
� 3 �� \�» < \ ,� :
: y� . . � . � \� \ e < .%
� > ` } � ��t? �� » % �\ e\«` � .
, g�p p 2 ! p. . . . ! ! r ,
R-04-29 Page 2
• The alternative redistricting scenarios will be posted on the District's web site and
available for review at the District's administrative office.
• Within 60 days after the effective date of the proposed Annexation and Sphere of
Influence Amendment for the proposed Coastal Protection Area, as approved by the San
Mateo County Local Agency Formation Commission, and the receipt of the revised
population estimates for this area, the Board of Directors will hold these public
workshops. The Board will then hold a public hearing to consider the input received at
the workshops and adjust the boundaries of the wards of the District so that the wards
meet applicable legal criteria and are as nearly equal in population as may be possible.
It is recommended that the Board approve the public participation process for reapportionment of
the District's ward boundaries to include the proposed Coastside Protection Area by adopting the
attached Resolution.
Prepared by:
Cathy Woodbury, Planning Manager
Contact person:
Same as above
Attachment
A. Resolution Creating a Public Participation Process for Reapportionment of the District's Ward
Boundaries to Include the Coastside Protection Area
RESOLUTION NO. 04-_
A RESOLUTION OF TIE BOARD OF DIRECTORS
OF MIDPENINSULA.REGIONAL OPEN SPACE DISTRICT
ESTABLISHING A PUBLIC PARTICIPATION PROCESS FOR
REAPPORTIONMENT OF THE DISTRICT'S WARD
BOUNDARIES TO INCLUDE THE COASTSIDE
PROTECTION AREA
RESOLVED, by the Board of Directors of the Nfidpeninsula Regional Open Space
District("District")that:
WHEREAS, the Coastside Protection Area proposed to be annexed by the District and to
be included within the sphere of influence of the District is defined as"inhabited" under State
law; and
WHEREAS, Federal and State law provide for representation of the District's
constituents by a Board of up to seven Directors, each representing a geographic area or ward,
and require that each ward be composed of an approximately equal population; and
WHEREAS, based upon the 2000 Census and current estimates, the Coastside Protection
Area is of insufficient population and, therefore, creation of a separate ward is not lawful or
feasible at this time; and
WHEREAS,the Coastside Protection Area could be included in one or more wards,
providing elected representation for all constituents, and enabling one or more residents the
opportunity to be elected to and serve on the District's Board of Directors; and
WHEREAS, the District is strongly committed to providing democratic and accountable
representation to all its constituents and desires to create a public participation process for
reapportionment of the District's ward boundaries to include the Coastside Protection Area; and
WHEREAS,the District shall prepare up to four alternative redistricting scenarios, based
upon the legal criteria established by Federal and State law for reapportionment of election
districts and any applicable District redistricting policies, that illustrate the extension of one,two,
three or four wards to include the Coastside Protection Area; and
WBEREAS, in order to include as many constituents as possible in determining the new
ward boundaries, the District shall conduct public workshops to present the alternative
redistricting scenarios and receive input from residents, community groups, coastside
organizations and elected officials; and
WHEREAS, the alternative redistricting scenarios shall be posted on the District's web
site and shall be available for review at the District's administrative office; and
WHEREAS, within 60 days after the Effective Date of the Annexation and Sphere of
Influence Amendment for the proposed Coastal Protection Area is approved by the San Mateo
County Local Agency Formation Commission, and the receipt of the revised population
estimates to said Area, the District's Board of Directors shall hold the public workshops as set
out in this Resolution and further shall hold a public hearing to consider the input received at the
workshops and adjust the boundaries of the existing wards of the District so that the wards meet
applicable legal criteria and are as nearly equal in population as may be possible.
NOW, THEREFORE, this Resolution Establishing a Public Participation Process for
Reapportionment of the District's Ward Boundaries to Include the Coastside Protection Area is
hereby adopted and approved by the Midpeninsula Regional Open Space District.
II
Regional Open Sp,-.-e
R-04-20
Meeting 04-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
February 25, 2004 (TIJAIRAIIN(; 30 YEARS 01F OPEN SPACE PRESERVATION
AGENDA ITEM 6
AGENDA ITEM
Approval of Settlement Agreement and Mutual General Release in the Matter of Midpeninsula Regional Open
Space District v. Wozniak: Encroachment at Bear Creek Redwoods Open Space Preserve
I P,i
GENERAL COUNSEL'S RECOMMENDATIONS 6�ob
1. Determine that the recommended actions are exempt from the California Environmental Quality Act as set out
in this report.
2. Adopt the attached Resolution approving the Settlement Agreement and Mutual General Release Agreement
and authorizing the execution of the attached Pasture and Water Improvements License, and Pedestrian Use
Permits.
3. Amend the previously approved Preliminary Use and Management Plan as recommended in this report.
BACKGROUND
In 2001, District staff discovered that an owner of land adjacent to Bear Creek Redwoods Open Space Preserve
had created dirt trails in the Preserve for hiking,bicycling, and motorcycle use, and had built a fenced-in llama
pasture on the Preserve. Several motorcycles jumps were built in this encroachment area. District staff notified
the adjacent owner that this activity was prohibited and must cease. However,the situation continued to
deteriorate when the llama pasture area was bulldozed,multiple large motorcycle jumps were built,and
vegetation was stripped from the surface of the pasture area.
Staff contacted the owner,Candice Wozniak, in an effort to resolve this encroachment but, despite numerous
attempts, was not successful at reaching a voluntary resolution. The District Board then authorized the filing of a
lawsuit to stop this activity and to require the site be restored.
The suit was filed in May 2002. The owner then filed a cross-complaint to quiet title to prescriptive rights she
contended she had acquired on the Preserve. The cross-complaint sought a judgment that Wozniak had the legal
right to use the pasture area for grazing llamas and to continue to use the trails on the Preserve. She also
contended that she had acquired rights to use an existing trail for vehicle use to feed the llamas, and other
accessory rights. Wozniak contended that she had acquired her property in 1981 and had acquired these
prescriptive rights by use and occupancy of those portions of the Preserve for many years prior to District
acquisition.The District disputed these claims.
In June 2002,the owner stipulated to a voluntary temporary restraining order prohibiting any further use of the
Preserve, excepting llama grazing,pending trial.
District staff was concerned that the graded site be restored as soon as possible in order to prevent erosion during
winter months. In September 2002, staff and the owner reached an agreement whereby the owner agreed to
remediate the grading damage and revegetate the site. The District issued a permit to the owner to enter the
Preserve to winterize and revegetate the site to District criteria. The permit required the owner to regrade,
broadcast native seed,and install silt fencing and straw. This was done and the site has been successfully
revegetated.
The District moved forward with the lawsuit,conducted discovery, and prepared for trial. In December 2002 a
tentative settlement agreement was reached in mediation. Since that time,counsel for the parties have been
attempting to reach agreement on the final language of a settlement acceptable to the District. Staff and the owner
discussed a number of settlement proposals. The parties have finally reached a settlement agreement that staff is
33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS.Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Noriette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
i
I
R-04-20 Page 2
recommending for final approval by the Board of Directors tonight. If approved,the settlement agreement will
resolve all outstanding issues, and both the District and the owner will dismiss their litigation. The settlement will
have achieved the District's goals of remediation of the damage to the Preserve and the clear delineation of and
protection of the District's property rights.
TERMS AND CONDITIONS OF THE PROPOSED SETTLEMENT
1. Except as provided by the Settlement Agreement,the owner waives any claims of prescriptive or other rights
to use the Preserve and will dismiss her lawsuit.
2. In consideration of this waiver,the District will grant the owner a personal license to use a surveyed and
marked llama pasture area of approximately 1.5 acres solely for llama grazing. The license terminates upon
sale of the owner's property or her death, and is non-transferable except to immediate family members. The
llama pasture license is shown on Exhibit A to the License. The grazing must be done in an environmentally
responsible manner and within secure fencing built to District standards. The cost of such fencing shall be
shared. This will prevent the llamas from entering any other area of the Preserve or neighbor's lands. This is
intended to rectify this recurrent problem for staff and neighbors.
3. The District will also grant a license to continue to operate a small water system improvement connected to a
pond on the owner's property. This license area will be surveyed and marked and is assignable. During
negotiations for a settlement,Wozniak contended that a small man-made stream and underground pipes
located in a narrow strip of land protruding into the Preserve have been an integral part of her pond operation
and, as such,needed to be maintained on a continuous basis.The water system area is shown on Exhibit B to
the License.
4. Both licenses are subject to termination for violation of their terms.
5. Disputes about these licenses shall be decided solely by binding arbitration.
6. To clearly separate the Preserve from the owner's property,the boundary will be surveyed and posted. In
addition, the District will designate a buffer zone adjacent to the owner's pond area in which the owner is
prohibited entry and in which the District will not build public trails.The approximate area of the buffer zone
is shown on Exhibit B of the License.
7. The owner has requested that she and her immediate family and tenants be permitted to walk on the Preserve.
The District has an existing permit system that allows pedestrian access on the Preserve. The District will
issue similar pedestrian permits to the owner and her tenants. The permits are revocable for violation of any
of their terms. Upon adoption of a Use and Management Plan for the Preserve,these permits become null and
void and the owner will have such access rights as are granted to the public in the Plan.
The resolution of this longstanding encroachment problem has been difficult and required the District to pursue j
litigation as well as many hours of staff time. Nonetheless, legal counsel considers this settlement a favorable one
and in the best interest of the District. It has resulted in the repair of damage to the Preserve. It has removed the
risk of the owner acquiring perpetual easement rights to the Preserve. It clearly delineates and protects the
District's fee ownership rights. It also clearly delineates the owner's rights so that field staff will be able to
manage and patrol the Preserve with full knowledge of the extent of the owner's rights. It provides various
dispute resolution alternatives should problems arise in the future.
The District has devoted a eat amount of time and resources to resolving this encroachment. It is staff s belief
T�' g
that this approach was warranted in this circumstance. Litigation is not a tool the District uses lightly in
attempting to resolve encroachments,but in this case, it was the only effective means to resolve this matter.
Therefore, staff recommends that the Board approve the proposed settlement agreement and related documents.
i
R-04-20 Page 3
DESCRIPTION(see attached Regional Map)
At your meeting of June 27,2001,you approved the purchase of the upper 805-acres of the Bear Creek Redwoods
Open Space Preserve from Peninsula Open Space Trust(POST). The area under consideration in this settlement
is in the southernmost portion of the 805-acre property. A ridge crest above a deep-forested canyon and the
headwaters of Aldercroft Creek characterizes the area. The area is predominately conifer forest with some
madrone and oak trees. This is also the area of the Preserve within the closest proximity to Summit Road. The
area is important in terms of protecting valuable watershed and wildlife habitat, and for providing opportunities
for trail connections within the Preserve and connecting to Santa Clara County Moody Gulch property to the west.
The settlement is important in terms of defining property rights in the immediate area,and assuring protection of
undisturbed areas of the Preserve.
This area of the Preserve is bounded by large-lot residential private property to the south and west. To the east is
the recent Hunt addition to Bear Creek Redwoods Open Space Preserve and to the north is the balance of the 805-
acre POST addition. The Wozniak property that is the subject of the settlement is adjacent to the southern border
of the Preserve. The property is improved with a main house, secondary structures, a recently planted vineyard,a
pond and various other improvements. Access to this southern section of the Preserve is difficult for District
staff,except for entry through a private property to the west of the Preserve. Parking near the boundary, District
staff is then able to walk into the Preserve and to its southern boundary. A second access is through the recent
Hunt addition. Weather permitting, it is possible to drive a vehicle near to the southern boundary.
From the ridgecrest highpoint,one of the highest ridgetops in the Preserve,this area of the Preserve is steeply
sloping downwards towards the north and west. The headwater of Aldercroft Creek form in this rugged
watershed as the creek builds in volume and continues into the lower northern section of the Preserve. From the
ridgecrest,the hill slopes gradually downhill to the south until it reaches the southern border adjacent to the
Wozniak property. The area is densely wooded with the exception of a clearing near the high point adjacent to
the Wozniak property. This area is also within the southern sections of the recent timber harvest conducted by
Big Creek Lumber Company. The ridgecrest is still densely wooded and interspersed with fir,madrone and bay
laurels. The diverse landscape and spring fed creeks provide a rich habitat for a wide variety of wildlife.
This section of the Preserve could someday provide an important trail link between newly acquired areas of the
Preserve(former Presentation Center and Hunt additions)and Santa Clara County Moody Gulch property. This
ridgecrest could be part of a loop trail system originating from the recently acquired Presentation Center lands or
the originally purchased lower Preserve lands. Views from the planned trail along the ridgecrest would be to the
north.
With the exception of the llama pasture and water system,there are no other improvements in this area of the
Preserve.
The Pasture and Water System Improvements License is concerned with three specific areas adjacent to the
Wozniak property. The first area is identified on the attached Site Map as the Llama Pasture Area. This consists
of approximately one and one-half acres. The area has been used for pasturing llamas and was graded for a
motorcycle course. The area has recently been re-graded to a smooth,gently sloping hilltop and seeded with
native grasses. The majority of the area is vegetated with grass,the balance with various trees and shrubs. Future
use shall be limited to llama grazing.
The second area is identified on the Site Map as the Water System Improvement Area, and consists of
approximately 500 square yards. The area is located near to the preserve boundary and a pond on the Wozniak
The uppermost reach of the Water System Improvement Area is just below the ridgecrest and extends
property. pp Y p J g
sloping downward towards the south, and the Preserve boundary. The area includes redwoods,brush and non-
native plants. The area is improved with a grade-level landscape water stream consisting of a rock-lined
depression in the soil. The water source for the stream is piped underground from the Wozniak property.
The third area is identified on the Site Map as the buffer zone,and includes the area outside of the Water System
R-04-20 Page 4
Improvement Area and within an approximate 375-foot radius semi-circle radiating from the Water System
Improvement Area,but south of an existing trail along the ridgecrest. This area is heavily wooded and generally
level topography.
USE AND MANAGEMENT PLAN
Planning Considerations
The three areas under consideration,the Llama Pasture Area,the Water System Improvement Area and the buffer
zone, are within close proximity of private property and will preclude typical public use. Outside of the buffer
zone is a trail that could be used in the future to connect different areas of the Preserve. The District's Planning
Department Work Program for 2003-2004 includes initiating a master-planning process for Bear Creek Redwoods
Open Space Preserve that will begin with detailed studies of the natural and cultural resources. Until the master
plan is completed for the Preserve,access from the Wozniak private parcel would be permitted under the
pedestrian permits described in this report. Upon adoption of the master plan,all adjacent neighbors,including
Wozniak,will have the public access opportunities provided by the plan.
Adjacent Property Owner's License Area Use
Wozniak will use the Llama Pasture and Water System Improvements Areas for pasturing llamas and the
operation of a landscape stream respectively. District staff will monitor the areas to ensure that only approved
uses are being conducted in the areas. The Licensee is required to conduct grazing operations in a safe,
responsible and professional manner, abiding by all applicable regulations and ordinances, including those of the
District. County and District ordinances will insure adequate environmental protection of the land being used. A
new llama pasture fence will be installed to District standards,and the Licensee must maintain the llamas within
the pasture area. The Water System Improvements Area will continue as an artificial landscape stream with no
other improvements, structures or alterations being allowed.
Pedestrian Use Permit for Access
A revocable permit will allow Ms. Wozniak,her immediate family and up to four guests pedestrian access to Bear
Creek Redwoods Open Space Preserve. This permit will be valid during the lifetime of Ms. Wozniak,as long as
she, or her immediate family, owns the adjacent property. A revocable permit will also allow three named tenants
of Ms. Wozniak to have pedestrian access to the Preserve. All pedestrian access is subject to District ordinances.
When the Preserve is officially open to public use by District adoption of a Use and Management Plan,the
pedestrian use permits become null and void.
Preliminary Use and Management Plan Recommendations
The Preliminary Use and Management Plan for the licensed areas will take effect upon full execution of the
Settlement Agreement and Mutual General Release and remain effective as defined in the License and the
Pedestrian Use Permits.
Public Access: Llama Pasture Area,Water System Improvements Area, and Buffer Zone will be closed
to public use.
Improvements: Coordinate with Ms.Wozniak for construction of a new perimeter fence as described in the
P
Settlement Agreement and Mutual General Release.
Monitoring: District staff will conduct periodic monitoring of the licensed areas.
Barriers: Install and maintain gates and fencing at all entrances to the Preserve from the adjacent property to
prevent vehicular access onto the non-licensed areas of the Preserve, and to prevent Preserve users from entering
onto the adjacent private property.
Signs: Preserve boundary signs and closed area signs to be installed at all entrances,and at the boundary of the
! buffer zone and llama pasture areas.
Dedication: Indicate your intention to withhold the licensed areas from dedication as public open space.
R-04-20 Page 5
CEQA COMPLIANCE
Project Description
The project consists of providing a license permitting the continued use of these areas by a neighboring property
owner for llama grazing and maintaining water system improvements. This action will designate approximately
1.5-acres and approximately 500 square yards of the Bear Creek Redwoods Open Space Preserve as privately
licensed use area and the concurrent adoption of a Preliminary Use and Management Plan.. Ultimately,the
property will be included in the Comprehensive or Interim Use and Management Plan for the Bear Creek
Redwoods Open Space Preserve.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. The project is
exempt from CEQA(the California Environmental Quality Act)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.
The project is also exempt from CEQA under Guideline Section 15304 as it involves a minor alteration to land
within the meaning of that section.
The project is also exempt from CEQA under Guideline Section 15301 as it involves the minor alteration of an
existing public and private facility.
PUBLIC NOTIFICATION
The property owners of land located adjacent to or surrounding the subject area have been mailed written notices
of this proposed action.
ATTACHMENTS
Regional Map
Site Map
Settlement Agreement and Mutual Gneral release
Pasture and Water System Improvements License
Pedestrian Use Permits
Prepared by:
Susan Schectman, General Counsel
Thomas W.Fischer,Land Protection Specialist
Del Woods, Senior Acquisition Planner
Maps prepared by:
Ruthie Harari-Kremer
Contact:
Susan Schectman,General Counsel
Thomas W. Fischer Land Protection Specialist
Del Woods, Senior Acquisition Planner
MROSD AND WOZNIAK SETTLEMENT AGREEMENT
BEAR CREEK REDWOODS OPEN SPACE PRESERVE
Road �.
o)1e C ,
�JWC San Jose Water 1Company. `f.
S t `l -
� c f ,
l ,cgmpwn R ,_ � haSe R ..
as �
w.
ti
spfm
_r
Sierra`AzuI
Cathedral Oaks Area
r i Bear
-
I ,a a
- � 3
Creek n -
' Redwoods),OSP
y�
t I
,•� Sistersrs—_,
� d Holmes a stewakDrr.� pap°i�
AREA OF LLAMA PASTURE, AND
r
WATER SYSTEM IMPROVEMENTS <o . art ;
s
� r
Hunt a
LANDS OF WOZNIAK : \~` R
Retl - �\ Holy
Moody Gulch S
( ; e\ id.
;\,j\..I.. -
GCounty mk\ �o �. --
i�� �e Or
tdUe�
MEN
Miles
1' ` -,an`ta`q� 0 0.5 1
j �
G:IIprojects.bear_creek_redwoodstwozniakmediation/womiak_regimaI_nrp0204in d
Regional Map
i
Site Map
Note: this diagram is schematic only
Bear Creek Redwoods
Open Space Preserve
t
" Buffer Zo y
_ E /
Water System
la r� / Improvement Area
� Llama Pasture
PondF1
Bam Yurt
Wozniak House
i
:. Llama Pasture =__= Trail Road
Wozniak Parcel Major Road
n MROSD Driveway
Feet
0 150 300 600
17 Projects'.E3car_Creek_Redwoods'.Wozniak_metlia lion`SdeMao_v zniak_Ilamiu ter_0204.mxd
RESOLUTION NO. 04-
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING
APPROVAL OF SETTLEMENT AGREEMENT AND MUTUAL
GENERAL RELEASE, APPROVAL OF THE LICENSE AND
PEDESTRIAN USE PERMITS AND AUTHORIZING OFFICER OR THE
GENERAL MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT AND MUTUAL GENERAL RELEASE AND LICENSE
AGREEMENT, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (BEAR CREEK
REDWOODS OPEN SPACE PRESERVE - WOZNIAK V.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT)
The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows:
Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby
approve the Settlement Agreement and Mutual General Release, the Pasture and Water System
Improvements License, and the Pedestrian Use Permits between Candice C. Wozniak and the
Midpeninsula Regional Open Space District, copies of which are attached hereto and by this reference
made a part hereof, and authorizes the President or appropriate officers to execute said documents on
behalf of the District.
Section Two. The General Manager, President of the Board of Directors, or other appropriate officer,
is authorized to execute the Settlement Agreement and Mutual General Release and the Pasture and
Water System Improvements License on behalf of the District. The General Manager is authorized to
execute the Pedestrian Use Permits on behalf of the District.
Section Three. The General Manager is authorized to execute any and all other documents in escrow
necessary or appropriate to the closing of the transaction and implementation of the Settlement
Agreement and Mutual General Release.
Section Four. The General Manager of the District is authorized to expend up to $10,000.00 to cover
the cost of fence construction and other miscellaneous costs related to this settlement.
Section Five. The General Manager and General Counsel are further authorized to approve any
technical revisions to the attached Agreements and documents which do not involve any material change
to any term of the Agreements or documents, which are necessary or appropriate to the closing or
implementation of this transaction.
I�
I
SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
This SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE ("Settlement
Agreement") is dated for reference February 4,2004. The parties are: Candice Clark Wozniak,
individually and as Trustee of the Candice Clark Wozniak Trust U/D/T dated November 8, 1982, and
as guardian ad litem for minor Gary Wozniak, and Gary Wozniak (hereinafter collectively
"Wozniak"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT(hereinafter"District"),
a California special district.
RECITALS
WHEREAS,
A. Wozniak is the owner of certain real property commonly known as Santa
Clara County Assessor's Parcel No. 544-49-011 (the"Wozniak Property"). District is the
owner of real property adjacent to the Wozniak Property commonly known as the Bear
Creek Redwoods Open Space Preserve (the "Preserve").
B. On May 13, 2002, District filed a civil lawsuit against Wozniak in the Santa
Clara County Superior Court, Case No. CV807797 (the "Action'). The Complaint in the
Action states causes of action for private nuisance, public nuisance and trespass and seeks
damages and injunctive relief. Wozniak filed a Cross-Complaint in the Action seeking to
establish Wozniak's prescriptive rights to use a portion of the Preserve.
C. The parties to this Settlement Agreement have agreed to settle and resolve the
Action and their dispute so as to avoid the cost and burden of further litigation. There has
been no admission or determination of fault or liability on the part of any party.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein and other valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1. Grant of License and Pedestrian Use Permit
1.1 District agrees to grant to Wozniak a personal license to use a portion
of the Preserve for the pasturing of llamas and a license appurtenant to the Wozniak Property
affecting a separate portion of the Preserve for the operation, repair and maintenance of a
water system.
1.2 The licenses shall be pursuant to the terms and conditions of a Pasture
and Water System Improvements License (hereafter"License"), a copy of which is attached
hereto, marked Exhibit 1, and incorporated herein by this reference.
1.3 District agrees to also grant to Wozniak and her husband, son(s) and
daughter(s) a Pedestrian Use Permit(hereafter, the "Wozniak Permit") for the purpose of
pedestrian recreational access to the Preserve. A copy of the Wozniak Permit is attached
hereto, marked Exhibit 2a and incorporated herein by this reference.
MPOS141311\535766.3
1.4 District further agrees to grant to Gary Ruhland and to Tod and Gwyn
Carlson, who are tenants of Licensee, a Pedestrian Use Permit (hereafter, the "Tenant
Permit") for the purpose of pedestrian recreational access to the Preserve. A copy of the
Tenant Permit is attached hereto as Exhibit 2b and incorporated herein by this reference. In
addition, Licensor agrees that if Licensee has a new tenant or tenants at Licensee's Property
who replace Gary Ruhland and/or Tod and Gwyn Carlson prior to the time that Licensor's
Property is open to the public, Licensor shall issue a Pedestrian Use Permit to such substitute
tenant or tenants, in the form of Exhibit 2b, upon written request by Licensee, provided there
has been no prior violation of the Wozniak Permit or the Tenant Permit.
1.5 Promptly upon the grant of the License, the Wozniak Permit and the
Tenant Permit, District shall file a dismissal with prejudice of its Complaint in the Action and
Wozniak shall file a dismissal with prejudice of the Cross-Complaint in the Action and shall
release the lis pendens recorded by Wozniak affecting the Preserve.
2. Waiver of Attorney's Fees and Costs of Litigation
2.1 Each party waives any claims for attorneys' fees, court costs, or other
expenses incurred in the Action and agrees to bear its/their own attorneys' fees, court costs and
expenses.
3. General Release
3.1 Except as otherwise provided by this Settlement Agreement or by the
License, the Wozniak Permit or the Tenant Permit, District hereby waives,releases and forever
discharges Wozniak and their employees, agents, insurers, attorneys, successors, heirs and assigns,
and each of them, separately and collectively(hereinafter collectively called the"Wozniak
Releasees") from any and all actions, causes of action, obligations, costs, damages, losses, claims,
expenses, liabilities and demands which District has or in the future may have against the Wozniak
Releasees arising out of or in any way connected with or resulting from the matters alleged in the
Action.
3.2 District further expressly agrees that this Release shall be binding upon its
successors and assigns and shall inure to the benefit of the Wozniak Releasees, and each of them.
District represents that any approvals of this Settlement Agreement required to be obtained by
District have been obtained and that they are expressly or otherwise fully authorized to release and
discharge the Wozniak Releasees as described herein.
3.3 Except as otherwise provided by this Settlement Agreement or by the
License, the Wozniak Permit or the Tenant Permit, Wozniak hereby waives, releases and forever
discharges District and its officers, employees, agents, insurers, reinsurers, attorneys, successors, and
assigns, and each of them, separately and collectively(hereinafter collectively called the"District
Releasees") from any and al actions, causes of action, costs, obligations, damages, losses, claims,
liabilities and demands which Wozniak has or in the future may have against District arising out of or
in any way connected with or resulting from the matters alleged in the Action. Wozniak further
specifically, fully and finally waives, releases and forever discharges District from any claims,
demands and causes of action Wozniak has or in the future may have against District arising out of
any alleged prescriptive or other rights to use any portion of the Preserve for any purpose.
MPOS\41311�535766.3 -2-
intent f he his Settlement A full and finally It is the nten o f parties that t S t Agreement y y
resolve all matters pertaining to the Action and that upon execution of this Settlement Agreement
Wozniak and her heirs, successors, assigns, and transferees shall have no remaining rights, title,
gn , g
ry claim or interest in the Preserve, except as set forth in the License, the Wozniak Permit and the
Tenant Permit.
3.4 Each party hereby represents and warrants that no claim or other
matter released herein has been assigned or transferred to any person or entity.
3.5 The parties acknowledge and agree that the foregoing releases are
freely and voluntarily entered into.
3.6 The parties acknowledge and agree that this settlement is the
compromise of a disputed claim and is not to be construed as an admission of liability by
Wozniak or the District, and that any liability is expressly denied.
3.7 With respect to the above-stated releases, Wozniak and District expressly
waive any and all rights and benefits conferred upon each of them by the provisions of Section 1542
of the California Civil Code, which states as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
4. District and Wozniak, on behalf of themselves and their respective officers,
directors, employees, agents, successors and assigns, agree that if they cannot resolve any dispute or
claim between themselves concerning this Settlement Agreement, the License or any performance or
breach thereof, the dispute or claim shall be decided solely and exclusively by final and binding
arbitration. The location of the arbitration shall be in Santa Clara County, California. The arbitration
shall be in lieu of litigation in state or federal court and in lieu of trial by judge or by jury, and shall
instead be conducted by JAMS-Endispute, or its successor, in accordance with its applicable
arbitration rules and procedures then in effect. Unless the parties otherwise agree, the single
arbitrator will be chosen from JAMS-Endispute's panel of retired judges. Judgment upon the award
rendered by the arbitrator may be entered in any court having jurisdiction and the parties shall be
entitled to utilize the courts to enforce the award. The parties hereby knowingly, voluntarily, and
irrevocably waive their right to a trial by jury and agree that if the foregoing binding arbitration
provision is determined for any reason to be unenforceable or inapplicable to a particular dispute,
then such dispute shall be decided solely by a judge(without the use of a jury) sitting in a court of
competent jurisdiction. This binding arbitration and jury provision shall survive termination or
expiration of this Agreement.
NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THIS SETTLEMENT AGREEMENT DECIDED BY
NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE
GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED
IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
MPOs\41311\535766.3 -3-
GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE
SPECIFICALLY INCLUDED IN THIS SETTLEMENT AGREEMENT.
IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS
PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY
OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS
ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THIS SETTLEMENT AGREEMENT TO NEUTRAL
ARBITRATION.
DISTRICT INITIAL WOZNIAK INITIALLY!
5. Miscel aneous Terms
5.1 Further Assurances
Each party agrees to cooperate in the preparation, signature,
recording, or filing, if appropriate, of any additional papers,pleadings, instruments or
acknowledgements reasonably necessary to carry out the terms and intent of this Settlement
Agreement.
5.2 Entire Agreement
This Settlement Agreement and its Exhibits constitute the entire and
final agreement of the parties with respect to the subject matter hereof and supersedes any
and all prior agreements, representations,promises, and undertakings of any kind, whether
oral or written.
5.3 Successors and Assigns
i
This Settlement Agreement shall be binding upon and shall inure to
the benefit of the parties and their respective successors and assigns.
5.4 Amendment
This Settlement Agreement may be amended only by a written
instrument executed by all of the parties hereto.
5.5 Interpretation
Each party has reviewed and commented on this Settlement Agreement with
legal counsel and has had an opportunity to require changes. The normal rule of construction that
any ambiguity is to be resolved against the drafting party shall not be employed in the interpretation
of this Settlement Agreement.
MPOS4131 1\535766.3 -4-
5.6 Waiver
i
No waiver of any term of this Settlement Agreement shall be effective unless
in writing and signed by the party to be charged. Any such waiver shall not be deemed to waive any
other provision or term of this Settlement Agreement.
5.7 Attorneys' Fees
In the event of any arbitration or litigation arising out of this Settlement
Agreement, the prevailing party shall be entitled to all reasonable attorneys' fees, arbitration fees,
expenses and court costs in addition to any other relief to which that party may be entitled.
5.8 Governing Law and Venue
This Settlement Agreement shall be governed by the laws of California.
Venue for any arbitration or litigation hereunder shall be Santa Clara County, California.
5.9 Counterparts
This Settlement Agreement may be executed in counterpart originals, each of
which taken together shall constitute one and the same instrument.
5.10 Counsel
i
Wozniak has been represented by Michael W. Graf, Law Offices of Thomas
N. Lippe, One Market Plaza, Steuart Tower, 161h floor, San Francisco, CA 94105. District has been
represented by Bruce Laidlaw, Miller Starr& Regalia, 545 Middlefield Rd., Suite 200, Menlo Park,
CA 94025.
5.11 Mistake
Each party to this Agreement has investigated the facts pertaining to the
Action and to the Settlement Agreement to the extent each party deems necessary. In entering into
the Settlement Agreement, each party assumes the risk of mistake with respect to such facts. The
Settlement Agreement is intended to be final and binding among the parties regardless of any claim
of mistake.
5.12 Severability
The provisions of this Settlement Agreement are contractual,and not mere
recitals, and shall be considered severable, so that if any provision or part of this Settlement
Agreement shall at any time be held invalid, that provision or part thereof shall remain in force and
effect to the extent allowed by law, and all other provisions of this Settlement Agreement shall
remain in full force and effect, and enforceable.
5.13 Effective Date
This Settlement Agreement shall be effective as of the date of the Settlement
Agreement has been signed by all signatories identified below.
MPOS\41311\535766.3 -5-
IN WITNESS WHEREOF, the undersigned parties do hereby execute this Settlement
Agreement on the dates written below.
DISTRICT: WOZNIAK:
Midpeninsula Regional Open Space District
andice Clark Wozniak, individually and as
Trustee of the Candice Clark Wozniak Trust
U/D/T dated November 8, 1982, and as Guardian
ad Litem for minor Gary Wozniak
Date: :2-
RECOMA/ENDED F6' R APPROVAL:
L. Craig Bn—t1 on, General Manager�
Date:
APPROVED AND ACCEPTED:
Mary Davey, President
Board of Directors
Date:
ATTEST:
Sally Thielfoldt, District Clerk
Date:
APPROVED AS TO FORM:
Susan M. Schectman, General Counsel
Date:
MPOSA131 1\535766.3 -6-
EXHIBITS TO SETTLEMENT AGREEMENT
AND MUTUAL GENERAL RELEASE
Exhibit 1: Pasture and Water System Improvements License
Y P
Exhibit 2a: Pedestrian Use Permit(granted to Candice Wozniak and immediate family
members)
Exhibit 2b: Pedestrian Use Permit(granted to Gary Ruhland and Tod and Gwyn Carlson)
MPOSA 1311\535766.3
III
PASTURE AND WATER SYSTEM
IMPROVEMENTS LICENSE
The Midpeninsula Regional Open Space District("Licensor") grants to Candice Clark Wozniak
("Licensee") a Pasture and Water System Improvements License ("License") on the terms and
conditions set forth below.
RECITALS
A. Licensee is the owner of certain real property commonly known as Santa Clara County
Assessor's Parcel No. 544-49-011 (the"Licensee Property"). Licensor is the owner of real property
in Santa Clara County adjacent to the Licensee Property commonly know as the Bear Creek
Redwoods Open Space Preserve (the "Licensor Property").
B. Licensee desires a license to enter and use a portion of the Licensor Property for llama
pasturing(the"llama license") and a license affecting a separate portion of the Licensor Property for
maintenance of an existing water system improvement(the"water system license"). Licensor agrees
to grant such licenses upon the terms and conditions set forth herein.
1. PREMISES.
(a) Licensor grants to Licensee, upon the terms and conditions stated herein,two separate licenses to
use separate portions of the Licensor Property. These portions of the Licensor Property are referred
to together herein as the"Premises"and are depicted in Exhibit A and Exhibit B attached hereto,
which are incorporated herein by this reference.
(b) Licensee's use of the Premises is subject to all existing easements, servitudes,licenses and rights
of way for ditches, levees, roads,public utilities,pipelines and any other purposes,whether of record
or not. Licensee acknowledges receipt of Schedule A, Schedule B and Schedule C of a title insurance
policy(no. FTY485801) dated November 6, 2001, that sets forth liens and encumbrances affecting
various portions of Licensor's Property. Licensor has reviewed these Schedules. Licensor represents
that it is not aware of any existing easements, servitudes, licenses or rights of way directly affecting
the Premises except as may be set forth in these Schedules.
2. TERM.
(a) The llama license is personal to Licensee and may not be assigned, conveyed or transferred by
Licensee, in whole or in part, in any manner whatsoever. The llama license will terminate upon the
sale, transfer or conveyance of all or any portion of Licensee's Property to a third party; provided,
however, that the llama license shall not terminate if a portion of the Licensee Property is transferred
or conveyed to Licensee's son(s), daughter(s) and/or husband (i.e., to Jesse J. Clark, Stephen Gary
Wozniak, Jr., Sara N. Clark and/or Ronald J. Kauffman) or if the entirety of the Licensee Property is
sold to Licensee's son(s), or daughter(s), and/or husband and then leased back to Licensee. The llama
license may also be terminated pursuant to paragraph 13 hereof. The llama license shall terminate in
all events upon the death of Licensee and shall thereafter be null and void except as to those
MPOS\41311\536147.3 1
obligations specifically surviving termination, which shall remain an obligation of the estate of
Licensee until satisfied.
(b) The water system license shall be appurtenant to Licensee's Property and shall be irrevocable
except as provided in paragraph 13 of this License. In the event the water system license is
terminated pursuant to paragraph 13, Licensee shall be allowed a reasonable time to vacate and
remove all equipment from the portion of Licensoe's Property affected by the water system license,
but in no event shall such time exceed sixty(60)days following receipt by Licensee of a written
notice of termination.
3. ACCEPTANCE AND SURRENDER OF PREMISES.
Licensee hereby accepts the Premises in their present condition, "as is" , and agrees, upon termination
of the llama pasture license and/or the water system license, to surrender the affected portion(s) of the
Premises and all appurtenances to Licensor in the same condition as when received, reasonable use,
wear and tear, damage by fire, acts of God or nature excepted, and to remove all of Licensee's
personal property from the affected portion(s)of the Premises.
4. TAXES.
If any possessory interest tax or other tax is legally assessed against Licensor or Licensee with respect
to all or any portion of the Premises,the party against whom such tax is assessed shall be responsible
for payment of such tax.
5. USE.
(A)LLAMA LICENSE.
i)The portion of the Premises depicted in Exhibit A(the"Llama Pasture Area") is licensed to
Licensee for llama grazing and for no other purpose. Llamas grazed in the Llama Pasture Area must
be owned by the Licensee or must be in the Llama Pasture Area temporarily and not for purposes of
allowing any other person or entity to operate a llama business in the Llama Pasture Area. Licensee
may permit her agents and employees to enter the Llama Pasture Area only for purposes solely related
to llama grazing. Licensor makes no warranties and/or representations to Licensee concerning the
suitability of the Llama Pasture Area for grazing purposes.
ii) Licensee is responsible at all times for containment of llamas within the Llama Pasture Area and
shall conduct grazing operations in a safe, responsible and professional manner consistent with
prudent and standard grazing practices.
iii) Fencing: Licensor and Licensee agree that within 150 days of the date of this License Licensor
will commence construction of a fence upon the fence line as indicated in Exhibit A for the purpose
of securely pasturing llamas in the Llama Pasture Area. Licensor and Licensee acknowledge and
agree that Exhibit A is intended to depict the fence location as staked by employees of Licensor on
October 3, 2003. Licensee will provide access over the Licensee Property upon reasonable notice to
enable Licensor to construct the fence. Licensor agrees to use its best efforts to minimize
MPOS\41311\53614'7.3 2
inconvenience to Licensee and to complete the fence within 45 days of the commencement of
construction of the fence.
The costs of constructing the initial fence shall be shared equally between Licensor and
Licensee; provided, however, that Licensee's share of the cost of the initial fence shall not exceed
$3,000. The initial fence shall be constructed in accordance with the fence specifications set out in
Exhibit C attached hereto and incorporated by reference. If the initial fence fails to prevent the llamas
from entering the Licensor Property, Licensor and Licensee agree to share equally the costs of such
alterations as are necessary to insure the llamas are securely maintained within the Llama Pasture
Area.
iv) Licensee may provide supplemental feed to maintain the health and vitality of the llamas.
v) Licensee shall comply with all applicable laws, permits, statutes, ordinances,rules, governmental
orders, regulations, and requirements pertaining to the occupancy and use of the Llama Pasture Area,
including the Regulations for Use of Midpeninsula Regional Open Space District Lands, adopted on
July 28, 1993 and subsequently revised (the"Regulations"),as now in force or as hereafter amended,
and shall not use or permit others to use the Llama Pasture Area for any unlawful or prohibited
purpose or for any purpose not expressly permitted by the License. However, the rights conveyed by
this License shall not be diminished or lost because of any amendment of the Regulations after this
License is executed. In the event of any inconsistency between the provisions of the Regulations and
the provisions of this License,the provision of this License shall prevail.
(B)WATER SYSTEM LICENSE.
i)A portion of the Premises is also separately licensed to Licensee for the purpose of operation,repair
and maintenance of existing water system improvements that connect to the existing pond on
Licensee's Property. The area in which the water systems improvements may be operated, repaired
and maintained is described in Exhibit B and is referred to herein as the Water System Improvements
Area. Licensor and Licensee acknowledge and agree that Exhibit B is intended to depict the location
of the Water System Improvement Area as marked by employees of Licensor on October 3, 2003.
Licensor shall not fence the Water System Improvements Area or the boundary line between
Licensee's Property and the buffer zone depicted on Exhibit B except for bona fide purposes related
to the effective operation,management and environmental resource stewardship of the Licensor
Property. Any dispute relating to the fencing of the Water System Improvements Area or the
boundary line between the buffer zone and Licensee's Property may be arbitrated in accordance with
paragraph 14 hereof.
ii)No other improvements, structures or alterations may be constructed by Licensee within the Water
System Improvements Area.
iii) The water system license may be assigned to the successor owner of all of the Licensee Property,
subject to all of the terms and conditions herein. A Memorandum of License may be recorded by
Licensor or by Licensee without the consent of the other.
MPOS\41311\536147.3 3
iv) Licensee shall comply with all applicable laws, permits, statutes, ordinances, rules, governmental
orders, regulations, and requirements pertaining to the occupancy and use of the Water System
Improvement
g g
Area including the Regulations, as now in force or as hereafter amended and shall not
use or permit others to use the Water System Improvements Area for any unlawful or prohibited
purpose or for any purpose not expressly permitted by this License. However, the rights conveyed by
this License shall not be diminished or lost because of any amendment of the Regulations after this
License is executed. In the event of any inconsistency between the provisions of this License and the
provisions of the Regulations, the provisions of this License shall prevail.
6. ENTRY AND INSPECTION.
Licensee agrees that Licensor and its directors, officers, employees, agents and authorized volunteers
may enter the Premises to inspect them, make any changes, alterations or repairs which Licensor in its
sole discretion, (exercised reasonably and in good faith) considers appropriate for the protection,
improvement or preservation of the Premises, and to exercise the other rights of Licensor as the owner
of the Premises.
7. MAINTENANCE OF IMPROVEMENTS.
(a) Licensee shall, at her sole cost and expense, in a timely manner, maintain and repair all
improvements related to grazing use of the Llama Pasture Area whether existing or newly
constructed, including fences, feeding troughs,gates,and water troughs, without any alterations or
additions except as approved in writing by Licensor. All new improvements and any existing
infrastructure requiring replacement shall be installed at Licensee's sole cost and expense, upon
approval by Licensor. Fences shall be kept in good order and repair at all times.
(b) Licensee agrees to pay for all water, fuel, gas, oil,heat, electricity,power,materials, and any
services,which may be furnished to or used in or about the Llama Pasture Area or the Water System
Improvements Area.
(c) Maintenance and repair of all components of the water system in the Water System Improvements
Area shall be the sole responsibility of Licensee, and Licensee shall bear all costs of such maintenance
and repair.
8. ALTERATIONS.
(a) Licensee agrees to obtain and fully comply with all applicable permits, authorizations, laws,
ordinances, and regulations, and to obtain the prior written consent of Licensor, before making any
alterations of,changes in, or additions to the Premises. Licensor may request Licensee to provide
written information and description of any proposed alterations.
(b) All alterations, additions and improvements made in, to, or on the Premises are the property of the
Licensor and will remain upon and be surrendered with the Premises upon termination of this
License.
9. BUFFER ZONE.
Licensor agrees to establish a public
conditions of this License,
'd ration for the covenants and In consideration gr P
�.MPOS 41311 53614 3 4
recreational use buffer zone on Licensor's Property adjacent to Licensee's Property. The area of the
buffer zone is shown on Exhibit B. Licensor also agrees that it will not construct recreational trails
for public use in the buffer zone, and that Licensor will post appropriate signs on Licensor's Property
adjacent to the buffer zone stating that public use of the buffer zone is prohibited. Neither Licensee
nor public recreational visitors shall use the buffer zone. Licensor's officers, employees, agents,
consultants and contractors may enter and use the buffer zone for Licensor's purposes at any time and
exercise all rights of Licensor as the owner of the Licensor's Property.
10. MONUMENTS.
Licensor and Licensee agree that within 120 days following full execution of this License the
boundary line between the Licensor Property and Licensee's Property, as well as the boundaries of the
Llama Pasture Area and the Water System Improvements Area, shall be surveyed and indicated by
permanent monuments installed by Licensor at its own cost. A legal description of the Llama Pasture
Area and the Water System Improvement Area shall thereafter be attached hereto as Exhibit D and
Exhibit E, respectively, and shall become part of this License. Licensor may, at its option, record a
Memorandum of Survey setting forth these legal descriptions.
11. INDEMNIFICATION.
Licensee agrees to indemnify,protect, defend and hold Licensor harmless from and against any and
all claims, losses, damages, demands, liabilities, suits,penalties,costs, expenses(including,without
limitation, attorneys' fees),causes of action,claims and/or judgments arising out of or in connection
with any injury or damage to any property or to any person or persons including, without limitation,
Licensor and its directors,officers, employees,agents volunteers, and guests, caused by or arising out
of Licensee's use of the Premises whether pursuant to this License or otherwise, except for damages
or injuries caused by the sole negligence or willful misconduct of Licensor. In the event liability
arises due to the alleged concurrent negligence of Licensor and Licensee, each party shall contribute
to the costs of any such suits, defense, damages, costs and liability in proportion to that parry's fault as
determined under the principles of comparative negligence.
12. INSURANCE.
(a) Licensee agrees to obtain, and keep in force during the term of the llama license and the water
system license, all at Licensee's own cost and expense, a policy or policies of General Liability
Insurance in an amount of not less than$1,000,000 per occurrence or accident for all covered losses.
Such policy or policies shall name Licensor as an additional insured and evidence of such
endorsement shall be provided to Licensor within ten (10)days of execution hereof. Each of the
above policies must contain a provision that the policy will not be cancelled or materially changed
without thirty(30) days'prior written notice to Licensor. Licensee shall also comply with all
applicable statutory worker compensation requirements.
b Upon request b Licensor Licensee shall direct her insurer or her insurance agent to furnish
( ) p q Y g
Licensor with a copy of any policy required above, certified to be a true and complete copy of the
original.
MPOS\41311\536147.3
13. TERMINATION.
In the event of a material breach of any provision of this License, either party may provide a written
warning to the other setting forth the date, time and events that constitute the breach and requesting
that such breach be cured.
The party receiving the written warning shall have thirty (30) days to cure the breach or provide a
written statement explaining why said party disputes the existence of a breach. In the event the
breach is not cured, or the party who received the warning disputes the existence of a breach, the
party that sent the warning may send further written notice to the other party demanding arbitration
pursuant to paragraph 14 hereof.
In the event of an arbitration, the party alleging that a material breach of the Agreement has occurred
may seek any available relief. However, if Licensor seeks termination of the License as a remedy,the
arbitrator may order termination as a remedy only by application of the legal principles that apply to
the termination or extinguishment of a prescriptive easement.
14. ARBITRATION OF DISPUTES.
Licensor and Licensee, on behalf of themselves and their respective officers, directors, employees,
agents, successors and assigns, agree that if they cannot resolve any dispute or claim between
themselves arising out of or relating to this License, or any performance or breach thereof, the dispute .
or claim shall be decided solely and exclusively by final and binding arbitration. The location of the
arbitration shall be in Santa Clara County,California. The arbitration shall be in lieu of litigation in
state or federal court and in lieu of trial by judge or by jury,and shall instead be conducted by JAMS-
Endispute,or its successor, in accordance with its applicable arbitration rules and procedures then in
effect. Unless the parties otherwise agree,the single arbitrator will be chosen from JAMS-
Endispute's panel of retired judges. Judgment upon the award rendered by the arbitrator may be
entered in any court having jurisdiction and the parties shall be entitled to utilize the courts to enforce
the award. The parties hereby knowingly, voluntarily, and irrevocably waive their right to a trial by
jury and agree that if the foregoing binding arbitration provision is determined for any reason to be
unenforceable or inapplicable to a particular dispute,then such dispute shall be decided solely by a
judge (without the use of a jury) sitting in a court of competent jurisdiction. This binding arbitration
and jury waiver provision shall survive termination or expiration of this Agreement.
NOTICE: BY INITIALING IN THE SPACE BELOW,YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION
OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT PROSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT M JURY TRIAL. BY INITIALING
IN THE SPACE BELOW,YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL
UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER
AGREEING TO THIS PROVISION,YOU MAY BE COMPELLED TO ARBITRATE
UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
MPOS\41311\536147.3 6
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF
DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
LICENSOR INITIAL LICENSEE INITIAL v
el
15. HAZARDOUS SUBSTANCES.
Licensee is prohibited from transporting, mixing, applying, storing, or disposing of pesticides or
hazardous substances upon the Premises without the prior written consent of Licensor.
16. WAIVER OF RELOCATION BENEFITS.
Licensee specifically waives any and all rights to relocation benefits or assistance that may be
available upon termination of this License including, but not limited to, those authorized under
Government Code §7260 et seq..
17. ATTORNEYS' FEES AND COSTS.
If arbitration or other legal action shall be brought by either of the parties, the party prevailing in said
action shall be entitled to recover from the party not prevailing the costs of the suit or arbitration
along with reasonable attorneys' fees.
18. NOTICES.
Wherever this License provides for notices between the parties, or wherever the law requires or gives
the right of serving a notice, the same shall be in writing and either served personally or sent by
registered or certified mail,postage prepaid and addressed as follows:
To Licensor:
Susan Schectman, Esq.
General Counsel
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, California 94022-1404
Telephone: (650) 691-1200
Facsimile: (650) 691-0485
To Licensee:
Candice Wozniak
21345 Summit Road
Los Gatos, California 95033
Telephone: (408) 353-5353
MPOS\41311\536147.3 7
Licensor and Licensee may at any time change the place designated for receiving notice by written
notification to the other.
19. BINDING EFFECT
The provisions of this License relating to the water system license and the Water System
Improvements Area shall be binding upon all subsequent owners of all or any portion of Licensee's
Property and upon all persons or entities hereafter holding any interest in all or any portion of
Licensee's Property.
20. EFFECTIVE DATE
This License shall be effective as of the date the License has been signed by all signatories identified
below.
IN WITNESS WHEREOF the parties hereto have subscribed their names.
LICENSOR: Midpeninsula Regional LICENSEE: Candice C. Wozniak
Open Space District r
By: Mary Davey, President Candice C. Wozniak
Board of Directors G
Date: Date: — ( " 0
MPOS\41311\536147.3 8
j
EXHIBITS TO PASTURE AND WATER SYSTEM IMPROVEMENTS LICENSE
Exhibit A: Depiction of Llama Pasture Area
Exhibit B: Depiction of Water System Improvements Area and Buffer Zone
Exhibit C: Llama Pasture Area Fence Specifications
Exhibit D: Legal Description of Llama Pasture Area [to be prepared and attached following
execution of License]
Exhibit E: Legal Description ofWat
er System Improvements Ar
ea [to be prepared and attached
following execution of License]
MPOS\41311\536147.3 9
EXHIBIT A: Llama Pasture r Area
Note: this diagram is schematic only
Bear Creek Redwoods
Open Space Preserve
e
a'Y
Pond
\ Barn
Wozniak House
ad
Llama Pasture ` Fence
Trail
Wozniak Parcel
Major Road
MROSD Driveway
Feet -
0 125 250 500
'•a•c1s18ar Crlrt R•Cwme•1Wo[nuM me0.lonVnibt_'w+in Y iYrtup.Cun miO wm 1]q3
EXHIBIT /A
EXHIBIT B: Water System Improvements Area
Note: this diagram is schematic only
Bear Creek Redwoods
Open Space Preserve
Buffer Zone -
,Water System
Improvements Area
I o
Pond
Barn Yurt
Wozniak House
3gmm/t Roaq
Llama Pasture =___= Trail
u Wozniak Parcel Major Road
MROSD Driveway
Feet
0 125 250 500
10/03
Gv roc_t.Bear oar_ReowooralWo:now nYaMtiM`erMdt_w nuY_weter.y.imq m d .im 12003
EXHIBIT C
FENCE SPECIFICATIONS
A) Three strand barbless wire fence strung continuously from end to end with;
B) Wood and wire hinge post set five feet high at the ends and all corners of the pasture
boundary(see Details I and 2 attached).
C) Metal T posts set five feet high between ends and corners.
D) Existing plastic mesh fence attached to inside of pasture fence to reduce chances of
preserve visitor corning into contact with llamas.
E) Wood posts and plastic mesh shall be a five (5) foot height.
Attachment: Detail 1
Detail 2
III
EXHIBIT �.
WIRE SPLICE 84"HEAVY-DUTY STEEL
T POST,NOWASTM 1.33"x
2 L60PS,6 TIGHT WRAPS 1.33"RED WITH WHITE TIP
DRIVE POST INTO
GALVANIZED _ - UNDISTURBED SOIL
WIRE CLIP, PLASTIC --- ----
SNAP-ON CLIP, OR
EQUIVALENT
; i
12 GAUGE MIN.SMOOTH(BARBLESS) w N i
i
STRANDED GALVANIZED WIRE,TYP
i I
i
I�
li
8- 10'o.c.
NOTES
1, Set all posts plumb.
2. String wire taut. String wire from bottom.
3. Use H-brace panel at significant grade changes,or changes of 135 degrees or less.For H-brace, end,and
comer details,see 2\
-�`-�- T POST & WIRE BARRIER FENCE DETAIL 1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SCALE: 1/2"=V-0" I DATE:07/31/03
=� 1" NOTCH TYP 45 deg.
M ITER AT
i CROSS
SPIKE OR \ PIECES
TOE NAIL _ CROSS
POST PIECE
1 ! USE TWO
H-BRACE CORNER
OPEN MORTISE PANELS, PLAN
ELEVATION NTS-
BELOW _
NTS --
CORNER OR
END PANEL
1I4��=1 _O�� = CONCRETE I
OVERLAP WIRES FROM
4x6 CROSS PIECE OPPOSING DIRECTIONS
TO PULL TAUT
SEE MORTISES o
ELEVATION ABOVE, __
TYP r T LONG 6X6 i
@ 4'-4"O.C., TYP
U-NAIL OR
NOTCH,TYP
WIRE LOOPS
DOUBLE LOOP—
WIRE, TWISTED
12" DIAMETER
CONCRETE,TYP.— ----
N
K
DRAIN ROC H-BRACE -
PANEL
UNDISTURBED „_ ,r
NOTES: SOIL �12 —� 0
--
1. SeeF for post type, wire type and spacing,and splice deta!l.
2.All lum er to be rough, pressure-treated Hem-Fir or Doug Fir.Treat all cut ends with wood
preservative.
3.At corners 135 degrees or less, install (2) H-brace panels, similar to End Panel shown
above. Miter cross piece as shown in Plan, above.
-------�- POST & WIRE FENCE BRACING, ENDS, & CORNERS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ---�-
SCALE:AS SHOWN I DATE:07/31/2003 DETAIL 2
EXHIBIT D
LEGAL DESCRIPTION OF LLAMA PASTURE AREA
I
EXHIBIT E
LEGAL DESCRIPTION OF WATER SYSTEM IMPROVEMENTS AREA
CARRY PERMIT WITH YO
_0
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
BEAR CREEK REDWOODS
OPEN SPACE PRESERVE
PEDESTRIAN USE PERMIT
This permit issued by Midpeninsula Regional Open Space District("District") allows Candice C. Wozniak, ("Wozniak")
and her immediate family members identified below("the Permittees"),to have pedestrian access to the Bear Creek
Redwoods Open Space Preserve. Guests of Wozniak may also have such pedestrian access, subject to the terms and
conditions set forth below,provided that the number of guests at any given time does not exceed four, that the guests are
accompanied by Wozniak, and that Wozniak has this Permit in her possession.
This Permit is effective during the life of Wozniak. If the Bear Creek Redwoods Open Space Preserve is officially open
to public use by District adoption of a Use and Management Plan during Wozniak's lifetime,then upon adoption of such
Use and Management Plan,which opens the Preserve to general public use, Permittees shall have all rights of use and
access to the Preserve as are granted to the general public under the Use and Management Plan,and this Permit shall
become null and void. This Permit will also become null and void in the event all or a portion of the Permittee's Property,
Santa Clara County Assessor's Parcel No. 54449-011,is transferred or sold except for a transference or conveyance to
Wozniak's spouse Ronald J. Kauffman or to her children,Jesse J. Clark, Sara N. Clark and Stephen Gary Wozniak,Jr.
This permit may be revoked by District for violation of its terms by any of the Permitees,or by any guest or tenant of
Wozniak.
The geographic area covered by this Permit is the Bear Creek Redwoods Open Space Preserve (as shown on the attached
map, labeled Exhibit"I"). Bicycle,vehicle,motorcycle, equestrian use,dog and livestock access are specifically
prohibited under this Permit.
Permit Holders:
Candice C. Wozniak
Address:
Phone: (Day: Residence: Fax: 1
Family Members:
Name: Ronald J.Kauffman Name: Jesse J.Clark
Address: Address:
Phone: Day: ( ) Phone: Day: ( )
Residences ) Residence: ( )
Fax: ( ) Fax: ( )
Name: Stephen Gary Wozniak,Jr. Name: Sara N.Clark
Address: Address:
I
Phone: Day: ( ) Phone: Day:
Residences ) Residence: ( )
Fax: ) Fax: ( )
MPOS\41311\545875.1 Exhibit 2A
i
Permit Rules:
Obey all District Ordinances attached as Exhibit II, as now in effect or as modified by District from time to time.
Violations of District ordinances are prosecutable as an infraction or misdemeanor.
Access to the Preserve is prohibited before sunrise or one-half hour after sunset.
For fire safety, smoking and fires are prohibited.
Notify District immediately of any unsafe conditions.
For emergencies dial 911.
For your safety and to prevent trail damage, trails and roads or the Preserve may be temporarily or seasonally closed by
the District due to trail, fire or other safety conditions.
This Permit must be carried by Permittees when on the Preserve.
INDEMNIFICATION AND RELEASE OF LIABILITY
I acknowledge that hiking activities contain inherent risks of injury and damage to me personally,to my family
members,and to my personal property.Knowing these facts,I voluntarily and freely assume all such inherent
risks for being permitted pedestrian use on Bear Creek Redwoods Open Space Preserve and waive,release,
discharge and hold harmless the Midpeninsula Regional Open Space District from any and all right,claim,or
liability for damages or for any and all injuries that might be sustained by me,including injuries to animals, and
from any and all claims of any kind or nature that I might have as a result of participation in any activity on the
Preserve. I further agree that I will defend,protect,indemnity and hold harmless the Midpeninsula Regional
Open Space District(including its employees,directors,officers and agents), against all claims,demands,and
causes of action,including court costs and attorney's fees,directly or indirectly arising from any action or other
proceedings brought by me or prosecuted for my benefit contrary to this Release.
I further agree to indemnify,defend and hold District harmless from and against all claims,suits,damages,costs,
losses or expenses,including reasonable attorney's fees and costs,arising out of or related to any acts,omissions,or
use of the Preserve by any Permittee hereunder and each of them and in addition,arising out of or related to any
acts,omissions,or use of the Preserve by my agents,guests,residents or tenants,including without limitation,
tenants Gary Ruhland and Tod and Gwyn Carlson. However,if the claim or damage arises out of the alleged
concurrent negligence of District and Permittee,the principles of comparative negligence shall determine the
liability of District and Permittee.
Attachment: Exhibit I: Map
Exhibit II: District Ordinances
READ AND AGREED
Date:
Candice C. Wozniak
Family Members:
Date:
Ronald J.Kauffman
Date:
Jesse J. Clark
Date:
Sara N. Clark
Date:
Stephen Gary Wozniak,Jr.
APPROVED
Date:
L. Craig Britton, General Manager
Midpeninsula Regional Open Space District
Exhibit 2A
BEAR CREEK REDWOODS OPEN SPACE PRESERVE
Interim Public Access Map
r
ACCESS BY PERMIT ONLY Lexington
CLOSED TO THE PUBLIC Black R°ad- \� , Reservoir
PERMIT PARKING —
® EQUESTRIAN PERMIT PARKING
GATE �
a
a
i
n I
BC 05
17
AREA CLOSED
Of
ACCESS BYi/ `!
PERMIT ONLY; '-
r.
°a
e �
--------- ;� �—•--- is /..
„ AREA CLOSED
1,
Miles
0 0.15 0.3 0.6
Exhibit I - Wozniak/Tenant Pedestrian Use Permit MROSD - February 2004
EXHIBIT II
REGULATIONS FOR USE OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
Adopted by Ordinance No. 93-1,July 28, 1993
Revised and Adopted by Ordinance No. 96-1, February 28, 1996
Revised and Adopted by Ordinance No. 03-01,June 6, 2003
Revised and Adopted by Ordinance No. 03-02,August 13, 2003
CHAPTER I.
DEFINITIONS
SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as "land
use regulations."
SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District
Lands, to establish orderly use, and to maintain a natural and quiet environment for
persons on the lands. They are established according to the Basic Policy of the Board of
Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27,
1974, that"The District will follow a land management policy that provides proper care
of open space land, allowing public access appropriate to the nature of the land and
consistent with ecological values."
SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall
govern the construction and interpretation of these regulations.
SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District" means the MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands,
structures, improvements, and waters owned, controlled, or managed by MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT.
SECTION 104. PERSON DEFINED. "Person"means any individual, firm, corporation, club,
municipality, district, or public agency, and all associations or combinations of persons
whenever acting for themselves or by any agent, servant, or employee.
SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein,
permit" or"permission" means permission, granted in writing by the general manager or
an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT.
SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and
shall not be considered in the interpretation of this Ordinance, and shall not in any way
affect the conduct or activities covered by other sections of this Ordinance.
Page I
CHAPTER I1.
REGULATIONS
SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons,
except as may be provided by resolution, regulation, or rule of the Board or by individual
site use and management plans adopted by the Board.
200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the
issuance thereof. It may b such system require permits for the use of certain lands,
Y Y Y q
exempt certain lands or classifications of permits there from, and establish a system of
fees and other policies in connection with the administration of a permit system.
200.2 Any person entering upon District Lands shall abide by the rules and regulations of the
District, the regulations or provisions of any sign or posted notice, the conditions of any
permit, the lawful order or other instruction of any District ranger or police officer
appointed by the Board, the laws of the STATE OF CALIFORNIA, and all applicable county
and other local ordinances.
200.3 The provisions of this Ordinance shall not apply to employees and officials of the District
acting within the scope of their authorized duties. However, District employees and
official shall abide by the laws of the STATE OF CALIFORNIA and all applicable county,
and other local ordinances.
200.4 All District lessees, contractors, and consultants shall abide by all provisions of this
Ordinance unless the provision(s) conflicts with a written contract or agreement with the
District. When a conflict occurs, the conditions of the written contract or agreement shall
take precedence. However, lessees, contractors, and consultants shall abide by the laws
of the STATE OF CALIFORNIA and all applicable county, and other local ordinances.
SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the
application of general regulations unless expressly indicated.
CHAPTER III.
GENERAL RULES
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541,
5558, and 5559 of the Public Resources Code of the STATE OF CALIFORNIA, and apply to
all District Lands. A title, where used, does not limit the language of a section.
SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION. Any
violation of this Ordinance or of any rule or regulation adopted by the District is, at the
discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources
Code, Section 5560.)
i
Page 2
SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph,
sentence, or clause of this Ordinance is, for any reason, held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The Board of Directors
declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence,
and clause thereof, would have been adopted regardless of such possible finding of
invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are
hereby declared to be severable.
SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or
repealed, acts and commissions occurring before the amendment or repeal may be
prosecuted as though such section, rule, or regulation had not been amended or repealed.
I
SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption,
in a newspaper of general circulation printed, published, and circulated in the District and
shall be effective from and after September 1, 1993,
CHAPTER IV.
PRESERVE USES - GENERAL
SECTION 400. CAMPING.
400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or
prepare food in such a way that will enable a person to remain after closing hours, except
by written permit in designated areas.
400.2 Juvenile. No juvenile shall camp on any District Lands, except when:
1) accompanied by a parent or guardian;
2) part of a group supervised by at least one adult responsible for each ten or fewer
juveniles;
I
3) the juvenile is an emancipated minor.
i
400.3 Definition. A juvenile is defined as any person under the age of 18 years.
SECTION 401. SWIMMING.
401.1 General. No person shall swim, wade, or engage in any water-contact activity in any
water areas of the District except in designated areas.
401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a
person comes into physical contact with water areas, including, but not limited to
Page 3
swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does
not include boating or fishing.
401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands,
but n limited to natural artificial swimming pools, reservoirs ponds,
including, b of i d tural and g p , p ,
lakes creeks streams bays, tidal areas and flood control channels.
SECTION 402. BOATING.
402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other
vessel of any description in the water of reservoirs, lakes, streams, or other water areas
owned, managed, or controlled by the District, except as expressly allowed by permit or
rule or regulation of the District.
SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUS DEVICES.
403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause
to be fired or discharged, across, in, on, or into any portion of District Lands any weapon,
gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting
device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts
throwing device, or any other weapon or device capable of injuring or killing any person
or animal, or damaging property or natural resource.
403.2 Exceptions. This section shall not apply to:
1) the possession of unloaded firearms or dangerous weapons on public roads solely for
the purpose of transporting such firearms or dangerous weapons through District
Lands for lawful purposes;
2) the possession of firearms or other dangerous weapons at a place of residence or
business located on District Lands by a person in lawful possession of the residence
jor business;
3) the possession and use granted by permit for resource management or educational
purposes.
SECTION 404. FIRES.
404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a
fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or
fireplaces established by the District. A fire shall include, but not be limited to any
campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk,
candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to
the permitted use of gas camp stoves or gas lanterns when used in designated camping
areas.
404.2 person Smoking. No shall smoke on District Lands except in designated areas.
� p p g
Page 4
I
I
SECTION 405. SANITATION.
405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks,
portable toilets, or other fixtures upon or into the ground or water.
405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom j
or other structure except into fixtures provided for that purpose.
405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood,
paper, stone, or other substances in any fixture in such a manner as would interfere with
the normal operation of such fixture.
i
405.4 Public View. No person shall defecate or urinate in public view.
SECTION 406. METAL DETECTORS.
406.1 General. No person shall use a metal detector or similar device on District Lands, except
as provided in subsection 702.5.
SECTION 407. DISTURBING THE PEACE.
407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any
unlawful signing, fencing or enclosing, or any other unlawful means,prevent or obstruct
any person from peacefully entering any property of the District, or preventing or
obstructing free passage or transit over or through any lands of the District.
407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the
peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in
the normal, safe use of District Lands or facilities.
407.3 Noise. No person shall play or operate any sound or energy amplification devices,
including radios, television sets, public address systems, musical instruments, or similar
devices in such a way as to be audible beyond 100 feet of such device or musical
instrument, or in such a manner as to disturb the quiet of District Lands and facilities,
without prior written permission.
P
407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any
request, direction, or order given by any ranger or other employee charged with the
control, management, or protection of District property or resources when such request,
direction or order is given in the lawful performance of his or her duties.
SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on
District Lands without first obtaining a permit for the use of the specific areas or facilities
involved. No such permit shall be granted if it is found that the time, place, and/or size
of the meeting, rally, or similar event will disrupt or unreasonably interfere with the
normal use, operation, or management of the site or facility, or have an adverse impact on
Page 5
the ecological or historical characteristics of any District Lands.
408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or
event on District Lands without written permission when the activity or event:
1) is advertised or noticed in any publication, poster, or flyer; or
2) requests or requires a fee be paid for participation; or
3) may be attended by twenty(20) or more people.
SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES.
409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be
discharged, on or into any portion of District Lands any firecrackers, missiles, rockets,
fireworks, or explosives.
409.2 Harmful Substances. No person shall possess, place, or apply any substance on District
Lands harmful to any person, property, wildlife, or vegetation.
409.3 Golf No person shall drive, chip, or in any other manner play or practice golf, or hit golf
balls on,over, or into District Lands.
409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other
model craft of any kind or description on, over, or into any portion of District Lands,
except by written permit in designated areas.
409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human
flight on, over, or into District Lands, except by written permit in designated areas.
409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self-
propelled or motorized skate board or other similar device on District Lands.
409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or
activity, or operate any device that recklessly or negligently endangers the safety of any
person, or property, or interferes with visitor activities.
SECTION 410 ALCOHOLIC BEVERAGES.
410.1 General. No person shall possess or consume alcoholic beverages except beer and wine,
and only as part of a picnic meal.
410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area
that has been declared by the general manager or an authorized representative to be a
prohibited area.
Page 6
SECTION 411. SIGNS.
411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign
duly erected or posted on District Lands.
411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited
to, any bill, advertisement, directional or informational sign, or inscription whatsoever on
any tree, fence, building, monument, or other property on District Lands, without written
permission.
CHAPTER V.
PRESERVE USES - RIDING/HIKING TRAILS
SECTION 500. RIDING/ HIKING TRAILS.
500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless
otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and
equestrians are required to slow to 5 miles per hour when passing others or approaching
blind turns. In no case shall a person operate a bicycle, or ride a horse or other such
animal at a speed greater than is reasonable, prudent, or safe.
500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a
saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel
designated or signed to prohibit such use.
500.3 Gates. Any person opening a gate shall close the gate.
SECTION 501. SADDLE ANIMALS.
501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or
other animal in any area designated or signed to restrict such use. Saddle or pack horses,
ponies, mules, or any other animals must stay on designated trails, roadways, and
cultivated firebreaks.
501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless
or negligent manner so as to endanger public property, or the life, limb, or property of any
person or animal. No person shall allow his or her saddle or pack animal to stand
unattended or insecurely tied.
501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device
attached to a horse, mule, donkey, or other animal on District Lands without a written
permit.
Page 7
SECTION 502. BICYCLES.
502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District
Lands in areas designated or sighed to restrict such activity. Bicycles must stay on
designated trails and roadways.
502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so
as to endanger public property, or the life, limb, or property of any person or animal.
502.3 Helmets. No person eighteen years or older shall operate a bicycle upon District Lands
unless that person is wearing a properly fitted and fastened bicycle helmet that meets the
standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet
standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in
Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard).
502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or
signed as a walk-only zone. Any person may dismount and walk a bicycle through a
walk-only zone.
SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section
602 of the Penal Code of California.
503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise
destroy any fence on the enclosed land of another, or open any gate, bar, or fence of
another and willfully leave it open without the written permission of the owner, or
maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding
shooting on private property.
503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed
by a fence, for the purpose of injuring any property or property rights, or with the
intention of interfering with, obstructing, or injuring any lawful business or occupation
carried on by the owner of such land, his or her agent or by the person in lawful
possession.
503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by
a fence, belonging to, or occupied by another, or enter any lands where signs forbidding
trespass are displayed at intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering such lands, without the written permission
of the owner of such land, his or her agent, or of the person in lawful possession, and no
person shall:
4) refuse or fail to leave land, real property, or structures belonging to or lawfully
occupied by another and not open to the general public, upon being requested to
leave by the owner, his or her agent, or the person in lawful possession thereof,
Page 8
5) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or
hunting on such lands; or
6) remove, injure, unlock, or tamper with any lock or any gate on or leading into such
lands; or
7) discharge any firearm.
CHAPTER VI.
PRESERVE USES - COMMERCIAL/REVENUE
SECTION 600. SOLICITING.
600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or
otherwise peddle any goods, wares, merchandise, liquids, edibles for human
consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands
except by written permission.
SECTION 601. GRAZING.
601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or
feed on District Lands except with written permission.
SECTION 602. HARVESTING AND PLANTING.
602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or
harvest any plant or agricultural crop on District Lands except with written permission.
SECTION 603. COMMERCIAL FILMING.
603.1 General. No person shall operate a still, motion picture, video, or other camera for
commercial purposes on District Lands except pursuant to a permit authorizing such
activity. This section shall not apply to the commercial operation of cameras as part of
the bona fide reporting of news.
CHAPTER VII.
PRESERVE FEATURES - PROTECTION
SECTION 700. HUNTING AND FISHING.
700.1 Hunting. No person shall hunt,pursue, molest, disturb, injure, trap, take, net, poison, or
harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural
habitat of any animal, except by permit.
Page 9
700.2 Fishin . No person shall take, net, molest, disturb, injure, poison, or harm any fish in
lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in
any District preserve except in areas declared by the District to be permitted fishing areas,
where state laws regulate the taking of game fish.
SECTION 701. ANIMALS.
701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas
designated by the District. This subsection shall not apply to:
1) guide and service dogs under physical control, specifically licensed to assist the
blind, deaf, or disabled;
2) use authorized by written permit.
701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times
under control on a leash not to exceed 6 feet, or on a self-retracting leash with a
maximum extended length of 25 feet. The self-retracting leash must have the capability
of being retracted and locked in a position not to exceed 6 feet. Within a designated area,
no person shall have or allow a dog on a lead greater than 6 feet when:
a. Within 100 feet of any parking area,trailhead, picnic area, campground, horse stable,
public roadway, restroom, visitor center, ranger station, or other place or structure of
public assembly;
b. Within 50 feet of any person this is not the person or persons who entered District lands
! with the dog; or
c. Within 50 feet of any body of water, including but not limited to, any reservoir, pond,
lake, creek, stream, bay, tidal area or flood_control channel.
701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening
or a nuisance to people, other animals, or property. This includes,but is not limited to
growling, barking, baring of teeth, or challenging in any manner, people, animals, or
property.
701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated
animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native
wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural
habitat of any animal on District Lands.
701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other
P P P
livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use
granted by the District.
Page 10
701.6 Other Pets. No person shall allow or have an et domesticated animal, or other living
p YP g
creature on District Lands,unless specifically permitted by another section of these
regulations.
701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its
excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or
is in an area posted requiring its removal.
701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any
other living creature, wild or domestic, on District Lands without written permission.
701.9 Dogs shall be permitted off leash only in areas specifically designated and signed by the
District as off-leash areas. No person shall allow or have a dog in an off-leash area
unless the dog is at all times under the verbal or radio collar control, and in sight of its
owner or keeper. The owner or keeper of the dog shall have a leash in his or her
possession at all times.
SECTION 702. NATURAL AND CULTURAL RESOURCES.
702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant,
tree, or portion thereof, whether living or dead, including,but not limited to flowers,
mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands.
702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or
unmilled wood on District Lands without satisfactory evidence of lawful acquisition,
such as a sales receipt or written authorization from the owner of the land from which the
tree or wood was acquired.
702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to
__ damage, injure, take, collect, or remove any object of paleontological, archeological, or
historical interest located on District Lands.
702.4 Archeological Features. No person shall damage, injure take collect remove or attempt
g p ga J P
to damage, injure, take collect, or remove any object of paleontological, archeological, or
historical interest located on District Lands.
Special Permission. Special permission Section 1 OS may be ranted to remove treat
702.5 sec p p { ) y g
disturb, or otherwise affect plants, animals, or geological, historical, archeological, or
paleontological materials for research, interpretive, educational, or operational purposes.
SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT.
703A Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural
feature, or any fence, wall, building, monument, or other property on District Lands.
Page I I
703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure,
building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or
for any purpose on, below, over, or across a preserve except by written permission,
specifying in detail the work to be done and the conditions to be fulfilled pursuant to the
terms of such authorization.
703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming,
cutting, grooming, or spraying of District Lands or perform any such grounds
maintenance for any purpose except by written permission.
CHAPTER VIII.
DISTRICT LANDS OPERATIONS - GENERAL
SECTION 800. LITTERING.
800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to
be dumped any material or waste matter in or upon any District Lands, It shall be
unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any
rocks, dirt, or fill material in or upon any District Lands without a permit authorizing
such activity.
800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or
depositing of any waste matter on District Lands in other than appropriate storage
containers or areas designated for such purposes.
800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including,
but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or
glowing material, or any garbage, trash, refuse, paper, container, packaging or
construction material, carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person, damage property, or create a hazard.
SECTION 801. PARKING.
801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency
vehicle or when in compliance with the directions of a P g peace officer, ranger, or District
employee, in any of the following places:
1) In areas where prohibited by NO PARKING signs;
2) On any fire trail;
3) On any equestrian or hiking trail;
4) In such a place or manner as would block or obstruct any gate, entrance, or exit;
5) In such a place or manner as to take up more than one marked parking space in any
authorized parking area;
6) In such a place or manner as to block or obstruct the free flow of traffic;
7) Within 15 feet of a fire hydrant;
8) Adjacent to any curb painted red;
Page 12
9) On any district Lands after sundown except pursuant to a written permit;
10) In areas signed for permit parking on District Lands without a written permit;
11) In any other place on District Lands not designated by the District as an authorized
areas.
SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES
802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District
Lands. Motor vehicle includes,but is not limited to, motorcycles, off-road vehicles,
"dirt-bikes,"and similar vehicles.
802.2 Exceptions. This section shall not apply to:
1) emergency vehicles operated within the scope of official use;
2) roads, trails, or paths, which may from time to time be set aside and posted by the
District for the use of specifically designated vehicles;
3) roads and parking areas open to the public during regular open hours.
SECTION 803. SPEED LIMITS.
803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater
than the posted speed limit or than is reasonable or prudent, having due regard for traffic
and road conditions. In no event shall a vehicle be driven at a speed which endangers the
safety of persons, property or wildlife.
SECTION 804. ABANDONED VEHICLES.
804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the
District for 72 consecutive hours or more except in camping areas pursuant to a valid
permit. --- __-- --
804.2 Removal. Any vehicle parked or left standing in violation of this Section may be
removed as provided in the Vehicle Code of the State of California.
804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a
vehicle has been abandoned on District Lands, the vehicle may be removed as authorized
by Vehicle Code Section 22669.
SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference
with development, construction, and management, or to provide for security,
safeguarding, and preservation of District Lands and facilities, the general manager or an
authorized representative may declare an area closed, prohibited, or limited to further
entry. The declaration may include such reasonable classes of persons who may enter, in
the conduct of proper activities or official duties, as the general manager or an authorized
representative may prescribe.
Page 13
805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or
remain in an area of District Land or facilities declared closed, prohibited, or limited by
the general manager or an authorized agent.
805.2 After Hours Use. No person shall enter or remain on District Land"after hours"without
a written permit issued by the District. The term "after hours" is defined as one-half hour
after official sunset to official sunrise the following day.
805.3 No person shall possess or operate a bicycle or similar device on District lands after
hours.
SECTION 806. USE FEES.
806.1 NonpMent of Fees. No person shall use District Lands or facilities without payment of
the prescribed fee or charge. Any fee or charge established by the Board for use of
District Lands or facilities shall be paid in advance of such use, unless later payment has
been authorized by the general manager or an authorized representative.
SECTION 807. SCATTERING OF CREMATED REMAINS
807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter any
cremated human or animal remains (cremains) without first having obtained a written
permit from the District, and shall abide by the permit conditions which shall include, but
not be limited to, the following conditions:
a) The scattering of cremains is prohibited: within 1,000 feet of any residence or
dwelling, within 500 feet of any creek, stream, or other body of water, or within 50
feet of any road or trail.
b) Cremains must be scattered, must not be left in a pile, and must not be readily visible
to the public.
c) No containers for the cremains, identification tags, vases, flower pots, or other
associated non-organic materials, or non-native plants, may be left at the site.
d) No memorial, plaque, or other site marker may be left at the site.
e) Any person scattering cremains on District land shall possess and present a valid
District permit when scattering cremains.
Page 14
ICARRY PERMIT WITH YOU
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
BEAR CREEK REDWOODS
OPEN SPACE PRESERVE
PEDESTRIAN USE PERMIT
This permit issued by Midpeninsula Regional Open Space District("District")allows Gary Ruhland and Maurice Trumbo
and Sarah Taylor("the Permittees"),to have pedestrian access to the Bear Creek Redwoods Open Space Preserve.
The Permit is effective unless and until revoked by District for violation of any of its terms. Upon adoption of a Use and
Management Plan, which opens the Preserve to general public use,Permittees shall have all rights of use and access to the
Preserve as are granted to the general public under the Use and Management Plan,and this Permit shall become null and
void. This permit will also become null and void in the event the District Pedestrian Use Permit issued to Candice
Wozniak for access to the Preserve becomes null and void. The geographic area covered by this Permit is the Bear Creek
Redwoods Open Space Preserve(as shown on the attached map, labeled Exhibit"I"). Bicycle, vehicle,motorcycle,
equestrian use and dog access are specifically prohibited under this Permit.
Permit Holders
Name: Gary Ruhland
Address:
Phone: Day: Residence: ( Fax:
Name: Maurice Trumbo and Sarah Taylor
Address:
Phone: Day: —Residence: ( Fax:
Permit Rules:
Obey all District Ordinances attached as Exhibit 11,as now in effect or as modified by District from time to time.
Violations of District ordinances are prosecutable as an infraction or misdemeanor.
Access to the Preserve is prohibited before sunrise or one-half hour after sunset.
For fire safety, smoking and fires are prohibited.
Notify District immediately of any unsafe conditions.
For emergencies dial 911.
For your safety and to prevent trail damage,trails and roads or the Preserve may be temporarily or seasonally closed by
the District due to trail, fire or other safety conditions.
This Permit must be carried by Permittecs when on the Preserve.
MPOS\4131 1\545874.1 Exhibit 2B
INDEMNIFICATION AND RELEASE OF LIABILITY
I acknowledge that hiking activities contain inherent risks of injury and damage to me personally,and to my
personal property.Knowing these facts I voluntarily and freely assume all such inherent risks
s for being permitted
pedestrian use on Bear Creek Redwoods Open Space Preserve and waive,release,discharge and hold harmless the
Midpeninsula Regional Open Space District from any and all right,claim,or liability for damages or for any and
all injuries that might be sustained by me,including injuries to animals,or from any and all claims of any kind or
nature that I might have as a result of participation in any activity on the Preserve. I further agree that I will
defend,protect,indemnity and hold harmless the Midpeninsula Regional Open Space District(including its
employees,directors,officers and agents),against all claims,demands,and causes of action,including court costs
and attorney's fees,directly or indirectly arising from any action or other proceedings brought by me or
prosecuted for my benefit contrary to this Release.
I further agree to indemnify,defend and hold District harmless from and against all claims,suits,damages,costs,
losses or expenses,including reasonable attorney's fees and costs, arising out of or related to any acts,omissions,or
use of the Preserve by any Permittee hereunder. However,if the claim or damage arises out of the alleged
concurrent negligence of District and Permittee,the principles of comparative negligence shall determine the
liability of District and Permittee.
Attachment: Exhibit I: Map
Exhibit II: District Ordinances
READ AND AGREED
Date:
Permittee Gary Ruhland
Date:
Permittee Maurice Trumbo
Date:
Permittee Sarah Taylor
APPROVED
Date:
L. Craig Britton,General Manager
Midpeninsula Regional Open Space District
Exhibit 2B
BEAR CREEK REDWOODS OPEN SPACE PRESERVE
Interim Public Access Map
ACCESS BY PERMIT ONLY \• �� ��
Lexington
CLOSED TO THE PUBLIC Buck Road %Reservoir
Q PERMIT PARKING it
Q EQUESTRIAN PERMIT PARKING j
' 4
` ,.
O GATE .... ( i
BC 04
J
-� BC 0517
„\ 1
AREA CLOSED X f`
1
ACCESS BY
PERMIT ONLY "f t
7
f
W
f
ce
i�
�^ v. , / � ///� 'lam, � (� .1✓ /
.AREA CLOSED
Miles
�,.:.`\,' �;
i ;
0 0.15 0.3 0.6
Exhibit I - Wozniak/Tenant Pedestrian Use Permit MROSD - February 2004
EXHIBIT 11
REGULATIONS FOR USE OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
Adopted by Ordinance No. 93-1,July 28, 1993
Revised and Adopted by Ordinance No. 96-1,February 28, 1996
Revised and Adopted by Ordinance No. 03-01,June 6, 2003
Revised and Adopted by Ordinance No. 03-02,August 13, 2003
CHAPTER I.
DEFINITIONS
SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as "land
use regulations."
SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District
Lands, to establish orderly use, and to maintain a natural and quiet environment for
persons on the lands. They are established according to the Basic Policy of the Board of
Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27,
1974, that"The District will follow a land management policy that provides proper care
of open space land, allowing public access appropriate to the nature of the land and
consistent with ecological values."
SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall
govern the construction and interpretation of these regulations.
SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District"means the MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands,
structures, improvements, and waters owned, controlled, or managed by MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT.
SECTION 104. PERSON DEFINED. "Person"means any individual, firm, corporation, club,
municipality, district, or public agency, and all associations or combinations of persons
whenever acting for themselves or by any agent, servant, or employee.
SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein,
"permit"or"permission"means permission, granted in writing by the general manager or
an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT.
SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and
shall not be considered in the interpretation of this Ordinance, and shall not in any way
affect the conduct or activities covered by other sections of this Ordinance.
Page 1
CHAPTER II.
REGULATIONS
SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons,
except as may be provided by resolution, regulation, or rule of the Board or by individual
site use and management plans adopted by the Board.
200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the
issuance thereof. It may by such system require permits for the use of certain lands,
exempt certain lands or classifications of permits there from, and establish a system of
fees and other policies in connection with the administration of a permit system.
200.2 Any person entering upon District Lands shall abide by the rules and regulations of the
District, the regulations or provisions of any sign or posted notice, the conditions of any
permit, the lawful order or other instruction of any District ranger or police officer
appointed by the Board, the laws of the STATE OF CALIFORNIA, and all applicable county
and other local ordinances.
200.3 The provisions of this Ordinance shall not apply to employees and officials of the District
acting within the scope of their authorized duties. However, District employees and
official shall abide by the laws of the STATE OF CALIFORNIA and all applicable county,
and other local ordinances.
200.4 All District lessees, contractors, and consultants shall abide by all provisions of this
Ordinance unless the provision(s) conflicts with a written contract or agreement with the
District. When a conflict occurs, the conditions of the written contract or agreement shall
take precedence. However, lessees, contractors, and consultants shall abide by the laws
of the STATE OF CALIFORNIA and all applicable county, and other local ordinances.
SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the
application of general regulations unless expressly indicated.
CHAPTER III.
GENERAL RULES
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541,
5558, and 5559 of the Public Resources Code of the STATE OF CALIFORNIA, and apply to
all District Lands. A title, where used, does not limit the language of a section.
SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION. Any
violation of this Ordinance or of any rule or regulation adopted by the District is, at the
discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources
Code, Section 5560.)
Page 2
SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph,
sentence, or clause of this Ordinance is, for any reason, held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance. The Board of Directors
declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence,
and clause thereof, would have been adopted regardless of such possible finding of
invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are
hereby declared to be severable.
SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or
repealed, acts and commissions occurring before the amendment or repeal may be
prosecuted as though such section,rule, or regulation had not been amended or repealed.
SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption,
in a newspaper of general circulation printed,published, and circulated in the District and
shall be effective from and after September 1, 1993.
CHAPTER IV.
PRESERVE USES - GENERAL
SECTION 400. CAMPING.
400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or
prepare food in such a way that will enable a person to remain after closing hours, except
by written permit in designated areas.
400.2 Juvenile. No juvenile shall camp on any District Lands, except when:
1) accompanied by a parent or guardian;
2) part of a group supervised by at least one adult responsible for each ten or fewer
juveniles;
3) the juvenile is an emancipated minor.
400.3 Definition. A juvenile is defined as any person under the age of 18 years.
SECTION 401. SWIMMING.
401.1 General. No person shall swim, wade, or engage in any water-contact activity in any
water areas of the District except in designated areas.
401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a
person comes into physical contact with water areas, including, but not limited to
Page 3
swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does
not include boating or fishing.
401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands,
including, but not limited to, natural and artificial swimming pools, reservoirs,ponds,
lakes, creeks, streams, bays, tidal areas, and flood control channels.
SECTION 402. BOATING.
402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other
vessel of any description in the water of reservoirs, lakes, streams, or other water areas
owned, managed, or controlled by the District, except as expressly allowed by permit or
rule or regulation of the District.
SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUS DEVICES.
403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause
to be fired or discharged, across, in, on, or into any portion of District Lands any weapon,
gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting
device, air or gas weapon,paint ball gun, ammunition, throwing knife or axe, martial arts
throwing device, or any other weapon or device capable of injuring or killing any person
or animal, or damaging property or natural resource.
403.2 Exceptions. This section shall not apply to:
1) the possession of unloaded firearms or dangerous weapons on public roads solely for
the purpose of transporting such firearms or dangerous weapons through District
Lands for lawful purposes;
2) the possession of firearms or other dangerous weapons at a place of residence or
business located on District Lands by a person in lawful possession of the residence
or business;
3) the possession and use granted by permit for resource management or educational
purposes.
SECTION 404. FIRES.
404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a
fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or
fireplaces established by the District. A fire shall include, but not be limited to any
campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk,
candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to
the permitted use of gas camp stoves or gas lanterns when used in designated camping
areas.
I
404.2 Smoking. No person shall smoke on District Lands, except in designated areas.
Page 4
SECTION 405. SANITATION.
405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks,
portable toilets, or other fixtures upon or into the ground or water.
405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom
or other structure except into fixtures provided for that purpose.
405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood,
paper, stone, or other substances in any fixture in such a manner as would interfere with
the normal operation of such fixture.
405.4 Public View. No person shall defecate or urinate in public view.
SECTION 406. METAL DETECTORS.
406.1 General. No person shall use a metal detector or similar device on District Lands, except
as provided in subsection 702.5.
SECTION 407. DISTURBING THE PEACE.
407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any
unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct
any person from peacefully entering any property of the District, or preventing or
obstructing free passage or transit over or through any lands of the District.
407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the
peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in
the normal, safe use of District Lands or facilities.
407.3 Noise. No person shall play or operate any sound or energy amplification devices,
including radios, television sets, public address systems, musical instruments, or similar
devices in such a way as to be audible beyond 100 feet of such device or musical
instrument, or in such a manner as to disturb the quiet of District Lands and facilities,
without prior written permission.
407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any
request, direction, or order given by any ranger or other employee charged with the
control, management, or protection of District property or resources when such request,
direction or order is given in the lawful performance of his or her duties.
SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on
District Lands without first obtaining a permit for the use of the specific areas or facilities
involved. No such permit shall be granted if it is found that the time, place, and/or size
of the meeting, rally, or similar event will disrupt or unreasonably interfere with the
normal use, operation, or management of the site or facility, or have an adverse impact on
Page 5
the ecological or historical characteristics of any District Lands.
408.1 Permits. No person shall hold conduct organize, or take art in an group activity or
P , g p Y�' p Y
event on District Lands without written permission when the activity or event:
1) is advertised or noticed in any publication, poster, or flyer; or
2) requests or requires a fee be paid for participation; or
3) may be attended by twenty(20) or more people.
SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES.
409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be
an discharged, on or into portion of District Lands any firecrackers, missiles, rockets,
g Y
fireworks, or explosives.
409.2 Harmful Substances. No person shall possess, lace, or apply any substance on District
p P P
Lands harmful to any person, property, wildlife, or vegetation.
`v an other manner la or practice olf, or hit golf
409.3 Golf. No person shall drive, chip, or in y play p g
balls on, over, or into District Lands.
Model Craft. No person shall operate an model airplanes,boats automobiles or other
409.4 Mod p p y rp ,
model craft of any kind or description on, over, or into any portion of District Lands,
except by written permit in designated areas.
409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human
flight on, over, or into District Lands, except by written permit in designated areas.
atin No person shall roller skate in-line skate grass skate or operate a self-
propelled or motorized skate board or other similar device on District Lands.
409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or
activity, or operate any device that recklessly or negligently endangers the safety of any
person, or property, or interferes with visitor activities.
SECTION 410 ALCOHOLIC BEVERAGES.
410.1 General. No person shall possess or consume alcoholic beverages except beer and wine,
and only as part of a picnic meal.
410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area
that has been declared by the general manager or an authorized representative to be a
prohibited area.
Page 6
SECTION 411. SIGNS.
411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign
duly erected or posted on District Lands.
411.2 Unauthorized Sims. No person shall post or fasten any notice, including but not limited
to, any bill, advertisement, directional or informational sign, or inscription whatsoever on
any tree, fence,building, monument, or other property on District Lands, without written
permission.
CHAPTER V.
PRESERVE USES - RIDINGMIKING TRAILS
SECTION 500. RIDING 1 HIKING TRAILS.
500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless
otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and
equestrians are required to slow to 5 miles per hour when passing others or approaching
blind turns. In no case shall a person operate a bicycle, or ride a horse or other such
animal at a speed greater than is reasonable, prudent, or safe.
500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a
saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel
designated or signed to prohibit such use.
500.3 Gates. Any person opening a gate shall close the gate.
SECTION 501. SADDLE ANIMALS.
501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or
other animal in any area designated or signed to restrict such use. Saddle or pack horses,
ponies, mules, or any other animals must stay on designated trails, roadways, and
cultivated firebreaks.
501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless
or negligent manner so as to endanger public property, or the life, limb, or property of any
person or animal. No person shall allow his or her saddle or pack animal to stand
unattended or insecurely tied.
501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device
attached to a horse, mule, donkey, or other animal on District Lands without a written
permit.
Page 7
SECTION 502. BICYCLES.
502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District
Lands in areas designated or signed to restrict such activity. Bicycles must stay on
designated trails and roadways.
502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so
as to endanger public property, or the life, limb, or property of any person or animal.
502.3 Helmets. No person eighteen years or older shall operate a bicycle upon District Lands
unless that person is wearing a properly fitted and fastened bicycle helmet that meets the
standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet
standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in
Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard).
502.4 Walk-OnlyZones.ones. No person shall ride a bicycle on a section of trail designated or
signed as a walk-only zone. Any person may dismount and walk a bicycle through a
walk-only zone.
SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section
602 of the Penal Code of California.
503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise
destroy any fence on the enclosed land of another, or open any gate, bar, or fence of
another and willfully leave it open without the written permission of the owner, or
maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding
shooting on private property.
503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed
by a fence, for the purpose of injuring any property or property rights, or with the
intention of interfering with, obstructing, or injuring any lawful business or occupation
carried on by the owner of such land, his or her agent or by the person in lawful
possession.
503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by
a fence, belonging to, or occupied by another, or enter any lands where signs forbidding
trespass are displayed at intervals not less than three to the mile along all exterior
boundaries and at all roads and trails entering such lands, without the written permission
of the owner of such land, his or her agent, or of the person in lawful possession, and no
person shall:
4) refuse or fail to leave land, real property, or structures belonging to or lawfully
occupied by another and not open to the general public, upon being requested to
leave by the owner, his or her agent, or the person in lawful possession thereof;
Page 8
5) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or
hunting on such lands; or
6) remove, injure, unlock, or tamper with any lock or any gate on or leading into such
lands; or
7) discharge any firearm.
CHAPTER VI.
PRESERVE USES - COMMERCIAL/REVENUE
SECTION 600. SOLICITING.
600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or
otherwise peddle any goods, wares, merchandise, liquids, edibles for human
consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands
except by written permission.
SECTION 601. GRAZING.
601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or
feed on District Lands except with written permission.
SECTION 602. HARVESTING AND PLANTING.
602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or
harvest any plant or agricultural crop on District Lands except with written permission.
SECTION 603. COMMERCIAL FILMING.
603.1 General. No person shall operate a still, motion picture, video, or other camera for
commercial purposes on District Lands except pursuant to a pen-nit authorizing such
activity. This section shall not apply to the commercial operation of cameras as part of
the bona fide reporting of news.
CHAPTER VII.
PRESERVE FEATURES - PROTECTION
SECTION 700. HUNTING AND FISHING.
700.1 Hunti . No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or
harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural
habitat of any animal, except by permit.
Page 9
700.2 Fishin . No person shall take, net, molest, disturb, injure,poison, or harm any fish in
lakes,ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in
any District preserve except in areas declared by the District to be permitted fishing areas,
where state laws regulate the taking of game fish.
SECTION 701. ANIMALS.
701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas
designated by the District. This subsection shall not apply to:
1) guide and service dogs under physical control, specifically licensed to assist the
blind, deaf, or disabled;
2) use authorized by written permit.
701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times
under control on a leash not to exceed 6 feet, or on a self-retracting leash with a
maximum extended length of 25 feet. The self-retracting leash must have the capability
of being retracted and locked in a position not to exceed 6 feet. Within a designated area,
no person shall have or allow a dog on a lead greater than 6 feet when:
a. Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable,
public roadway, restroom, visitor center, ranger station, or other place or structure of
public assembly;
b. Within 50 feet of any person this is not the person or persons who entered District lands
with the dog; or
c. Within 50 feet of any body of water, including but not limited to, any reservoir,pond,
lake, creek, stream,bay, tidal area.or L000d_control channel.
701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening
or a nuisance to people, other animals, or property. This includes, but is not limited to
growling, barking, baring of teeth, or challenging in any manner, people, animals, or
property.
701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated
animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native
wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural
habitat of any animal on District Lands.
701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other
livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use
granted by the District.
Page 10
701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living
creature on District Lands, unless specifically permitted by another section of these
regulations.
701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its
excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or
is in an area posted requiring its removal.
701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any
other living creature, wild or domestic, on District Lands without written permission.
701.9 Dogs shall be permitted off leash only in areas specifically designated and signed by the
District as off-leash areas. No person shall allow or have a dog in an off-leash area
unless the dog is at all times under the verbal or radio collar control, and in sight of its
owner or keeper. The owner or keeper of the dog shall have a leash in his or her
possession at all times.
SECTION 702. NATURAL AND CULTURAL RESOURCES.
702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant,
tree, or portion thereof, whether living or dead, including, but not limited to flowers,
mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands.
702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or
unmilled wood on District Lands without satisfactory evidence of lawful acquisition,
such as a sales receipt or written authorization from the owner of the land from which the
tree or wood was acquired.
702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to
__ damage, injure, take, collect, or remove any object of paleontological, archeological, or
historical interest located on District Lands.
702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt
to damage, injure, take collect, or remove any object of paleontological, archeological, or
historical interest located on District Lands.
702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat,
disturb, or otherwise affect plants, animals, or geological, historical, archeological, or
paleontological materials for research, interpretive, educational, or operational purposes.
SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT.
703A Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural
feature, or any fence, wall, building, monument, or other property on District Lands.
Page I 1
703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure,
building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or
for any purpose on, below, over, or across a preserve except by written permission,
specifying in detail the work to be done and the conditions to be fulfilled pursuant to the
terms of such authorization.
703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming,
cutting, grooming, or spraying of District Lands or perform any such grounds
maintenance for any purpose except by written permission.
CHAPTER VIII.
DISTRICT LANDS OPERATIONS - GENERAL
SECTION 800. LITTERING.
800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to
be dumped any material or waste matter in or upon any District Lands, It shall be
unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any
rocks, dirt, or fill material in or upon any District Lands without a permit authorizing
such activit
y.
800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or
depositing of any waste matter on District Lands in other than appropriate storage
containers or areas designated for such purposes.
800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including,
but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or
glowing material, or any garbage, trash, refuse, paper, container, packaging or
construction material, carcass of a dead animal, any nauseous or offensive matter of any
kind, or any object likely to injure any person, damage property, or create a hazard.
SECTION 801. PARKING.
801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency
vehicle, or when in compliance with the directions of a peace officer, ranger, or District
employee, in any of the following places:
1) In areas where prohibited by"NO PARKING" signs;
2) On any fire trail;
3) On any equestrian or hiking trail;
4) In such a place or manner as would block or obstruct any gate, entrance, or exit;
5) In such a place or manner as to take up more than one marked parking space in any
authorized parking area;
6) In such a place or manner as to block or obstruct the free flow of traffic;
7) Within 15 feet of a fire hydrant;
8) Adjacent to any curb painted red;
Page 12
I
9) On any district Lands after sundown except pursuant to a written permit;
10) In areas signed for permit parking on District Lands without a written permit;
11) In any other place on District Lands not designated by the District as an authorized
areas.
SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES
802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District
Lands. Motor vehicle includes,but is not limited to, motorcycles, off-road vehicles,
"dirt-bikes,"and similar vehicles.
802.2 Exceptions. This section shall not apply to:
1) emergency vehicles operated within the scope of official use;
2) roads, trails, or paths, which may from time to time be set aside and posted by the
District for the use of specifically designated vehicles;
3) roads and parking areas open to the public during regular open hours.
SECTION 803. SPEED LIMITS.
803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater
than the posted speed limit or than is reasonable or prudent, having due regard for traffic
and road conditions. In no event shall a vehicle be driven at a speed which endangers the
safety of persons, property or wildlife.
SECTION 804. ABANDONED VEHICLES.
804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the
District for 72 consecutive hours or more except in camping areas pursuant to a valid
permit.
804.2 Removal. Any vehicle parked or left standing in violation of this Section may be
removed as provided in the Vehicle Code of the State of California.
804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a
vehicle has been abandoned on District Lands, the vehicle may be removed as authorized
by Vehicle Code Section 22669.
SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference
with development, construction, and management, or to provide for security,
safeguarding, and preservation of District Lands and facilities, the general manager or an
authorized representative may declare an area closed, prohibited, or limited to further
entry. The declaration may include such reasonable classes of persons who may enter, in
the conduct of proper activities or official duties, as the general manager or an authorized
representative may prescribe.
Page 13
d b the District enter or
.1 Closed Areas. No person shall without a written permit issue ,
805
p p Y
remain in an area of District Land or facilities declared closed, prohibited, or limited by
the general manager or an authorized agent.
805.2 After Hours Use. No person shall enter or remain on District Land"after hours"without
a written permit issued by the District. The term "after hours" is defined as one-half hour
after official sunset to official sunrise the following day.
805.3 No person shall possess or operate a bicycle or similar device on District lands after
hours.
SECTION 806. USE FEES.
806.1 NonpaMent of Fees. No person shall use District Lands or facilities without payment of
the prescribed fee or charge. Any fee or charge established by the Board for use of
District Lands or facilities shall be paid in advance of such use, unless later payment has
been authorized by the general manager or an authorized representative.
SECTION 807. SCATTERING OF CREMATED REMAINS
807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter any
cremated human or animal remains (cremains) without first having obtained a written
permit from the District, and shall abide by the permit conditions which shall include, but
not be limited to, the following conditions:
a) The scattering of cremains is prohibited: within 1,000 feet of any residence or
dwelling, within 500 feet of any creek, stream, or other body of water, or within 50
feet of any road or trail.
b) Cremains must be scattered, must not be left in a pile, and must not be readily visible
to the public.
c) No containers for the cremains, identification tags, vases, flower pots, or other
associated non-organic materials, or non-native plants, may be left at the site.
d) No memorial, plaque, or other site marker may be left at the site.
e) Any person scattering cremains on District land shall possess and present a valid
District permit when scattering cremains.
Page 14
a
Regional pen 5® ice
R-04-27 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-05
February 25, 2004
AGENDA ITEM 7
AGENDA ITEM
Authorization to Amend Contract with Panko Architects for Design and Engineering Services to
Replace the Maintenance Building for the Foothills Field Office at Rancho San Antonio Open
Space Preserve `
GENERAL MANAGER'S RECOMMENDATTO
Authorize the General Manager to enter into an amendment to the contract with Panko Architects
of San Mateo for an additional amount not to exceed $17,920, for design and construction
administration services and reimbursable expenses, to complete the construction of the
maintenance shop building for the Foothills Field Office at Rancho San Antonio Open Space
Preserve.
DISCUSSION
At your Regular meeting on July 25, 2001, you authorized the General Manager to contract with
Panko Architects of San Mateo for design and engineering services to develop construction plans
to replace the maintenance shop building with a prefabricated structure, and to develop a long-
range master plan for phased improvements to the Foothills Field Office(see Report R-01-82).
Subsequently, you authorized a contract amendment for additional services to incorporate
energy-efficient components into the building design(see Report R-02-74), and a contract
amendment for re-engineering and re-bidding the project (see Report R-03-14).
Panko Architects of San Mateo has served as the project architect for the Foothills Field Office
maintenance shop building replacement project since design work was initiated in August 2001.
Additional requirements by the county fire marshal and planning department have caused Panko
Architects to provide additional professional services to redesign and review components of the
building beyond what was anticipated in the original contract scope and previous amendments.
This additional contract scope will cover services related to construction administration, shop
drawing review, construction observation, miscellaneous minor changes and clarifications, and
reimbursable expenses. These services are necessary to bring the project to completion.
The contract amendment is $17,920 and brings the total contract amount to $72,705. This
amount is generally consistent with the established norm of design and administration fees
representing roughly ten percent of the construction contract fee, which is currently$728,342.
FUNDING
The fiscal year 2003-2004 planning department budget includes $416,393 for the shop building
project, which is sufficient to cover this amendment to the Panko contract and the construction
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail: mrosd@openspace.org * web site:www.openspac:e.org OFAEEsr
Boatel of 0itectocs:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C. Nitz + General Manager:L.Craig Britton
R-04-27 Page 2
costs anticipated this fiscal year. The remaining project costs are included in the proposed 2004-
2005 fiscal year budget.
As a result of the additional requirements from the fire marshal, which include a fire sprinkler
system, a third fire hydrant with associated piping, and upgrading of the fire-rating of some walls
in the building, it is anticipated that future change orders will require an amendment to the
contract with HRB Construction, Inc. (general construction contractor). Should the change orders
exceed the approved contingency amount of$28,432, additional Board approval will be required.
Prepared by:
Steve Schur, ASLA, Planner H
Contact Person:
Same as above
Regional Open Sp_-,.:e
-------------------
R-04-26
Meeting 04-05 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
February 25, 2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
AGENDA ITEM 8
AGENDA ITEM
Acknowledgement of Rents Received and Acceptance of Conti ed Tenancy with Bay Area Cellular
Telephone Company Doing Business as AT&T Wireless at Pu gas Ridge 0 ace Preserve
GENERAL MANAGER'S RECOMMEND
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act(CEQA)as set forth in this report.
2. Authorize the President of the Board of Directors to execute the Acknowledgement of Rents
Received and Acceptance of Continued Tenancy with Bay Area Cellular Telephone Company, a
California general partnership, doing business as AT&T Wireless at Pulgas Ridge Open Space
Preserve.
DISCUSSION
At your Regular meeting of February 10, 1999, you authorized a Communications Site Lease and
Agreement with CellularOne at an existing PG&E transmission tower located at the southeast corner of the
Pulgas Ridge Open Space Preserve adjacent to the Cal Trans Park and Ride Lot at Edgewood Road and
Interstate 280 (see Report R-99-029). At your Regular meeting of April 24, 2002 (see Report R-02-07),
you entered into an amendment with CellularOne(now Bay Area Cellular Telephone Company d/b/a
AT&T Wireless)permitting one new cabinet within its sixty square-foot leased area. After approval of the
lease amendment, staff discovered that AT&T had trespassed by installing equipment outside of its leased
area. It was also determined that AT&T had not obtained a proper building permit and had also allowed its
use permit to expire with San Mateo County.
Staff has been working diligently with numerous representatives from AT&T Wireless to have them
relocate the trespassing equipment and obtain appropriate building and use permits through San Mateo
County. Unable to resolve these issues in a timely manner,the District issued a Notice of Trespass and
Nuisance to AT&T in May 2003, and subsequently rejected AT&T's notice to extend its lease option for
an additional five years in October 2003. Representatives for AT&T have taken responsibility for the
breach of lease and are working to resolve the trespass and permit issues. In December 2003,AT&T
Wireless submitted an application for new permits to the County. It is anticipated that AT&T will remove
the equipment trespass by the end of March 2004, and the County estimates that new permits will take
between six to nine months to process.
On February 9, 2004,the AT&T Wireless lease expired by its own terms. Staff is recommending a one-
year lease holdover with AT&T Wireless with the key provisions of the holdover being:
(1) Market rent will be$31,200 for the period of February 10, 2004 through February 9,2005.
Relocation will allow the District to lease an additional area to a new prospective
telecommunications tenant.
(2) The District will reserve the right to collect damages and back rent for the trespass.
33o Distel Circle 650-6gi-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
R-04-26 Page 2
(3) Resolution of all permit issues with the County of San Mateo before a new lease and Settlement
Agreement for Damages and Back Rent is presented to the Board of Directors.
CEQA Compliance
The project includes relocation of existing equipment within an existing fenced facility underneath a
PG&E tower. The project is categorically exempt under sections 15301 of the California Environmental
Quality Act Guidelines.
Categorical Exemption 15301 -Existing Facilities
The minor alteration of an existing public or private structure involving a reduction of the use area.
The Pulgas Ridge Open Space Preserve Use and Management Plan Amendment qualifies under this
exemption.
RECOMMENDATION
Staff supports the execution of the attached Acknowledgement of the AT&T holdover tenancy,which
provides for an increase in District rental revenue while reserving all of the District's right to collect
damages for lost revenues as part of a future settlement agreement. When the relocation of the trespass and
County approved permits are complete,a new lease and settlement agreement with AT&T will be
presented to the Board for approval as a future agenda item.
Prepared by:
John P. Dickey, Real Property Specialist
Contact person:
Michael C. Williams, Real Property Manager
f
Acknowledgement of Funds Received
and
Acceptance of Continuation of Tenancy
By execution of this letter, the Midpeninsula Regional Open Space District ("District")
acknowledges receipt of the sum of$31,200.00 from AT&T Wireless ("AT&T") as the
fair market consideration for use of certain District lands at the Pulgas Ridge Open Space
Preserve as a Communications Site Premises for the period commencing' o( ) p n February
10, 2004 and ending on February 9, 2005.
Acceptance of the fair market consideration for use of the Premises is subject to
compliance with the terms and conditions set forth in that certain Communication Site
Lease and Agreement dated February 10, 1999, as amended April 9, 2002 ("Agreement")
between District and AT&T which Agreement expired by its own terms on February 9,
2004. Nothing contained herein shall be construed as a waiver by District of any terms,
conditions, or covenants of said Agreement, or of any defaults or breaches thereof.
District specifically reserves the right to pursue such remedies as it may have in law and
equity relating to past or continuing use of areas outside the Premises, including but not
limited to, unlawful detainer and monetary damages.
Midpeninsula Regional Open Space District
RECOMMENDED FOR APPROVAL:
L. Craig Brit G a Manager
APPROVED AS TO FORM:
Susan M. Schectman, General Counsel
APPROVED AND ACCEPTED:
Mary Davey, President
Board of Directors
Date:
ATTEST:
Sal foldt, Distr' lerk
Claims No. 04-04
Meeting 04-05
Date 02/25/04
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
7265 $119.30 1-800-Conference Telephone Conference-Coastal Protection Program
Fiscal Analysis
7266 $50.60 Accent&Artech Lamination Supplies
7267 $145.41 Allied Auto Works Vehicle Service and Repairs
7268 $100.00 American Red Cross Emergency Response Training
7269 $33.22 Baillie,Gordon Reimbursement-Verizon Pager
7270 $63.78 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed
7271 $1,208.40 BNY Western Trust Company Investment Agreement-1996&2004 Revenue Bonds
7272 $122.49 Browning-Ferris Industries Garbage Service
7273 $140.00 CA Park&Recreation Society Membership-C.Britton
7274 $675.00 Callo Sign Company Refurbish District Signs
7275 $60.00 Camino Medical Group Medical Services
7276 $148.15 CSK Auto Vehicle Supplies
7277 $9.00 Dean Little Reimbursement-Parking-Santa Clara LAFCO Meeting
7278 $55.00 Department of Health Services Water Distribution Operator Certification-S.Hooper
7279 $25.96 Document Systems Office Supplies
7280 $9.24 Fleet Services Fuel
7281 $1,609.00 Freyer&Laureta,Inc. Consulting Services-Windy Hill Project
7282 $53.82 G&K Service Shop Towel Service
7283 $460.00 Green Waste Recovery,Inc. Garbage Services
7284 $104.66 Kevin's Auto Repair Vehicle Smog Check
7285 $17.50 Lausten,Tom Reimbursement-PRAC Membership Dues
7286 $54.00 Lenington,Kirk Mileage Reimbursement
7287 $34.40 Lloyd,John Reimbursement-Training Expense
7288 $99.76 Local Government Publications Legal Book
7289 $1,029.00 Monster Mechanical,Inc. HVAC Maintenance&Repair-Admin.Office&Tenant
Space
7290 $13,929.49 NFP Accounting Technologies Installment Payment Accounting Software
7291 $2,400.00 NTL Institute Training-M.Williams
7292 $176.00 Office Team Office Temporary Help-Front Desk
7293 $48.71 Peninsula Digital Imaging Laminating-District Map
7294 $62.00 R.H.F.,Inc. Calibrated&Recertified Radar System
7295 $125.00 '1 R.O.M.P. Trail Building Training-Lunch
7296 $36.13 Rayne Water Conditioning Water Conditioner Service
7297 $304.77 Roy's Repair Service Vehicle Repairs&Service
7298 $131.52 Safety Kieen Oil Recycling&Solvent Tank Service
7299 $17.34 SBC Payment Center Telephone Service
7300 $7,269.74 Shelterbeit Builders,Inc. Consulting Services-Invasive Plants
7301 $6,605.00 Shoreline Printing&Graphics,Inc. Printing Services-Newsletter&Letterhead
7302 $9,326.36 Shute,Mihaly&Weinberger LLP Litigation:Half Moon Bay Coastside Foundation vs MROSD
7303 $53.04 Summit Uniforms Uniform Expense
7304 $165.61 Tadco Supply Janitorial Supplies
7305 $64.00 Terminix Pest Control
7306 $17.31 The Bicycle Outfitter Bicycle Tools&Parts
7307 $37.94 The Stove Works Ranger Residence-Fireplace Kit
7308 $74.28 Tony&Albas Pizza Local Business Meeting-Consultants
7309 $18.90 United Parcel Service Parcel Shipping
7310 $1,162.35 United Rentals Highway Tech. Signs
7311 $76.32 Vu,Douglas Reimbursement- 4 Months Mileage
7312 $176.00 West Valley-Mission College Registration Fee-Wildiand Fire Training
7313 $5,550.00 "2 Western Press&Mail Postage-Newsletters-Special Issue
Page 1 of 2
Claims No. 04-04
Meeting 04-05
Date 02/25/04
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
7314 R $115.74 California Water Service Company Water Service
7315 R $155.60 Cole Supply Co.,Inc. Janitorial Supplies
7316 R $1,641.00 *3 County of Santa Clara Lot Line Adjustment Application-Lobner Property
7317 R $25.33 Danielson,Dennis Reimbursement-Uniform Expense
7318 R $407.50 Ergo Vera Ergonomic Training Classes
7319 R $105.73 Federal Express Express Mailing
7320 R $3,180.65 First Bankcard 385.26-Training&Conf.Exp.
124.99-Intemet Services
1130.94-Field Equip.Supp.&Uniform Exp.
150.87-Event Supplies
117.71-Local Business Meeting
1270.88-Software&Computer Equipment
7321 R $54.18 Granite Rock Company Base Rock-Montebello Bathroom
7322 R $996.00 Green Waste Recovery,Inc. Garbage Service
7323 R $550.00 Lund,Pearson,McLaughlin Fire 5 Year Fire Test Inspection
Protection System
7324 R $119.92 MegaPath Networks Internet Connection-DSL Line FFO
7325 R $108.00 MetroMobile Communications Radio Repair&Maintenance
7326 R $250.00 PERS Public Agency Coalition Annual Membership
7327 R $391.96 Petty Cash Conference&Training Expense,Office&Field Supplies,
Vehicle Mileage Reimbursement,Volunteer Supplies,
Out of Town&Local Bus.Meeting Expense
7328 R $280.00 Roy's Repair Service Vehicle Repairs&Service
7329 R $380.00 Sea Reach Ltd. Exhibit Accessory
7330 R $966.00 Security Safe Data Safe Box
7331 R $14,050.00 Shoreline Printing&Graphics,Inc. Printing Services-Spring Newletters
7332 R $40.05 Summit Uniforms Uniform Expense
7333 R $362.20 Tadco Supply Janitorial Supplies
7334 R $868.56 Unlimited Graphics&Sign Network Vehicle Decals
7335 R $137.45 WearGuard Uniforms
7336 R $5,700.00 *4 Western Press&Mail Postage-Spring 2004 Newsletters
7337 R $179.22 Woodbury,Cathy Reimbursement-2 Months Mileage
I
Total $85,320.59
*1 Urgent Check Issued 02/12/04
*2 Urgent Check Issued 02/12/04
r nt Check Issued 02/2 /`3 Urgent 0 0 4
*4 Urgent Check Issued 02/23/04
Page 2 of 2
I
I
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
it
I
To: Board of Directors
From: L. Craig Britton, General Manager
Date: February 20, 2004
Re: FYI's
330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200
Fax:650.691-0485 • E-mail:mrosd@openspace.org • Web site: www.openspace.org
" r
3
w „
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
February 12, 2004 �.
James and
Sarah Fries
135 Farm Road
Woodside, CA 94062
Dear Mr. and Mrs. Fries,
On behalf of the Board of Directors of Midpeninsula Regional Open Space District, I
thank you for your letter regarding your recent experience riding the Meadow Trail on
horseback and your concern for user safety in sharing the trail with bicyclists. The Board
of Directors reviewed your email at its regular meeting last night.
The District is very concerned about the safety of all preserve visitors and actively works
to reduce conflicts on District trails. Please be assured that your email has been
forwarded to staff at the Skyline Field Office with a request to pay special attention to
usage on the Meadow Trail. Also as you may know, the District has an effective
volunteer trail patrol program comprised of hikers, bicyclists, equestrians, and dog
walkers who continually educate and remind visitors to share the trail. The District also
distributes trail etiquette brochures and provides information on trail safety and trail
etiquette on the District's website.
The Meadow Trail is considered a very important trail among hikers, equestrians, and
bicyclists alike since it provides a direct connection between Alpine Road and the interior
of the preserve. This trail also forms part of a popular loop trail that connects to the
heavily used Spring Ridge Trail. In addition, many preserve users value the lower
segment of the Meadow Trail since it provides a more scenic and pleasant trail
experience compared to the wider and steeper driveway entrance. As such, hikers,
equestrians, and bicyclists together greatly use and enjoy this particular trail and we will
II' alert our trail patrol volunteers to be mindful of potential conflicts in the area.
In an effort to meet the needs and desires of all preserve users, the District will continue
to stress the importance of proper trail etiquette and safe trail use to help improve the trail
experience that is gained by sharing the Meadow Trail between the hiking, equestrian,
and bicycling communities.
Sincerely,
I
Mary C. Davey, President
Board of Directors
MCD:ar
cc: MROSD Board of Directors
os Dp^s 5'yaLe,org BOARDOE DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER:
Deane little,Nonette Honko,Larry Hassett,Kenneth C_Nitz L Craig Britton
,
ii �o�. ,cFm saa=
I
Page 1 of 1
----- Original Message -----
From: SarahFries
To: infopopeenspace,"r
Sent: Wednesday, January 28, 2004 1:00 PM
Subject: Windy Hill Meadow Trail
To: Board of Directors and Staff
Midpeninsula Regional Open Space District
We experienced a hazard on the Meadow Trail in the Windy Hill Preserve last Friday which you should be aware
of. Two of us were riding our horses down hill at a walk, when we came face to face with a cyclist around a blind
corner coming uphill at a narrow point in the trail. All concerned -horses, riders cyclist-were seriously startled.
However, no one was hurt and the cyclist was polite and concerned moving off th Y p g e trail. However, had the
cyclist been coming downhill when we were going up, the results could have been different and very painful. The
sightlines on that trail are simply too short in many places and the width too narrow to accommodate bikes.
However, there are other reasons to reconsider the designation for the Meadow Trail. That trail is heavily used by
Sequoias residents. Walkers would have been equally vulnerable in that situation just described, and were they
among less agile walkers, even more so.
Without the support of the Sequoias residents, it is unlikely that the Windy Hill Preserve would have been
approved in Portola Valley. You may recall the Board Meeting at the time the Betsy Crowder trail (then the
Sausal Trail)was dedicated; Betsy herself reported contacting the Sequoias residents regarding permitted uses
for that trail; the residents indicated they were comfortable with the horses but not with bikes and that is largely
why it is now designated for horses (in season)and walkers. At a given speed, horses can stop in the same
distance as a person, a coasting bike cannot.
One other issue comes to mind with regard to designated uses for the Meadow Trail. A few years ago when the
then Sausal Trail was dedicated a n -umber of _us walkers riders, �ders, MROSD staff and some Directors participated
in a field trip to help decide the appropriate uses for that trail. At that time, we were told by staff, that because of
the heavier equestrian usage in the Windy Hill Preserve, only the Spring Ridge Trail would be open to bikes. The
reasons given were that Spring Ridge is an essential connector to other trails and that the greater width and
longer sight lines make it safe for multiple uses.
For all the reasons cited above, we strongly urge you to consider designating the Meadow Trail for walkers and
equestrian use.
I
Sincerely,
i
James and Sarah Fries
135 Farm Road
Woodside, CA 94062
650-851-8995 j
file://C:\Documents%20and%20Settings\aruiz\Desktop\F W%20 Windy%20Hi 11%20Meado... 2/2/2004
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
To: Board of Directors
From: L. Craig Britton, General Manager
Date: February 25, 2004
Re: FYI's
I
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
Rhea P. Bain
23500 Rey
Cupertino, CA
tv,
1 �
her-�M- i
U
r
A
ly
t,4-t
4ff��A CA 6e
IA�7
dew
INTEROFFICE MEMORANDUM
February 24, 2004
TO: L. Craig Britton, General Manger
FROM: G. Baillie, Management Analyst
SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY
Month Januaa _Year 2004
VIOLATIONS CITES TOTALS CRIMES CITES TOTALS
Bicycles Residential burglary 0 1
Closed area 4 10 Auto burglary 0 2
Speed 1 4 Petty theft 1 1
Helmet 5 9
Night-riding 1 1 ACCIDENTS/INCIDENTS
Dogs Bicycle accident 2
Prohibited area 1 2 Equestrian accident 0
Off-leash 20 26 Hiking/running accident 1
Off-road vehicles 1 2 Other first aid 0
Closed area 8 11 Search&Rescue 0
After hours 0 6 Vehicle accident 0
Fishing 1 1 LZ air evacuation 0
Vandalism 1 9 Fire 1
Parking 21 22
Parking after hours 35 52 ENFORCEMENT
Dumping/littering(hazmat on lot) 0 2 Parking citations 56
Camping 0 0 Other citations 46
Weapons Written warnings 49
Actual contact 0 4 Arrests 0
_Report only 0 0 Police assistance 2
Evidence of 0 0
Plant collecting 0 2 MUTUAL AID
False info to Peace Officer 1 1 Accident 3
Smoking 0 7 Law enforcement 0
Skateboarding 0 2 Landing zone off-site 1
Marijuana<1 oz 0 1 Search&Rescue 1
Open alcohol container in Stranded/disoriented motorist 1
vehicle 1 1
SUMMARY OF SIGNIFICANT INCIDENTS BY DATE
Date
3 A hiker reported that his wife was suffering from shortness of breath, dizziness, and heart
palpitations on the High Meadow trail at Rancho. F. Reneau responded to the patient and B.
Guzman brought County Fire medics to the scene. The patient was placed on oxygen and B.
Guzman transported her to the farm. AMR transported the patient to El Camino Hospital. K.
Howard also assisted.
4 A Jeep Cherokee, an auto battery, and personal items were stolen from a rental property in
Saratoga Gap OSP. Rangers and Santa Clara County deputies responded. On January 5, a follow
up visit by officers coincided with the return of the suspect to the scene, who was looking for a
"lost motorcycle". Santa Clara SO arrested him. After further investigation by Sheriffs' officers,
the suspect was charged with the theft of all items. In addition, it was later discovered that a
stolen ATV was on the Saratoga Gap premises.
5 A vehicle left overnight in the Purisima OSP lot was investigated by Skyline patrol staff. As the
night time temperatures had been in the freezing range, the police department in the owner's
hometown were requested to conduct a welfare check at her residence. Return information from
Belmont PD indicated that the owner might have been at risk. A two day search ensued,
involving both field offices. On the second day of the search the missing party was found by C.
Baressi and S. Hooper as she was walking back toward the Northridge parking lot. The woman
was somewhat disoriented but stable, and was transported to Stanford for further evaluation.
8 A couple,both District Trail Patrol Volunteers, were walking back from a patrol in Coal Creek,
P g
when one lost consciousness and fell, causing lacerations and broken bones in his cheek. K.
Carlson and L. Wickham responded. County fire transported the volunteer to Stanford. P.
McKowan reports that the volunteer is alright and they are back out on patrol.
9 CDF reported a hiker down near the Red Barn on La Honda Road. L. Wickham, R. Carlson,
County Fire and CDF responded. The hiker had fallen and had lain there injured for several
hours. She was retrieved from a steep slope and carried to a fire road, then moved via wheel litter
up to the fire truck. During the rescue a firefighter said he was suffering from and displayed signs
of a heart attack. Rangers took a second wheel litter and retrieved the injured firefighter. The
fireman was also transported up the fire road to meet with the ground ambulance and both were
then taken to the hospital.
11 L. Paterson and C. Beckman responded to a request from San Mateo Sheriff's Office to go to
Pescadero/Memorial County Parks with ATVs to assist in a search for missing hikers. The
search had been going on for many hours. Just after District staff arrived, and before the ATVs
were unloaded from the truck, the hikers were located.
11 F. Reneau stopped two cyclists riding in a prohibited area in Rancho Windmill Pasture area. One
was cited for
'bicycle prohibited' and the other provided false information. T. Lausten
Y
responded. Twenty minutes after the initial stop the bicyclist provided verbal identification that
could be confirmed with dispatch. The bicyclist was cited for bicycle prohibited and false
information to a peace officer.'
12 Rangers Correia, Lloyd, Barresi and Lausten responded to a medical aid report heard through San
Mateo County Fire radio traffic. A man had been bitten on his elbow by a dog,but due to a
language barrier information was limited. They determined the bite took place at Windy Hill and
that it had occurred twenty minutes earlier. A San Mateo deputy and a Peninsula Humane
Society and SPCA officers also were on scene, but did not file any reports. Rangers started a
search of Windy Hill but did not see the dogs in question. On January 18 L. Paterson and A.
Zavala, who served as interpreter, interviewed the victim in Spanish. He said a woman was
walking a small white dog on leash and had two large brown dogs (possibly rottweilers) off leash.
The man said he stopped walking and stood still as soon as he saw the dogs. One ran toward him
and bit him on the elbow. The other rottweiler circled around him. The woman said she was
"sorry"and walked away. The victim was able to provide the owner's vehicle license plate
number and to provide a description. L. Paterson located the address associated with the vehicle.
SMSO and the Humane Society were notified. The investigation continues.
16 Two individuals in Sierra Azul, later identified as brothers, were observed smoking from a small
pipe that was passed back and forth. They next smoked cigarettes , drank beer, entered a closed
area and vandalized a lock and gate. K. Carlson requested a second ranger and then stopped both
subjects. They initially complied and then became verbally abusive. One subject used a cell
phone and called his dad. A Santa Cruz deputy was requested and both subjects stated they
would not take citations as the ranger"was not a real law enforcement officer". The father
arrived on scene and was verbally abusive. Carlson then requested a deputy to respond with
lights and siren. B. Malone arrived on scene and the father refused to follow commands. One
brother was cited for `petty theft,' `vandalism', and `closed area.' The other brother was cited for
`closed area,' and `open container in a vehicle.' It took over one hour for the Santa Cruz County
Sheriff's Department to get a deputy on scene. B. Guzman assisted.
18 B. Malone noticed a chain cut on an access road into Bear Creek. He followed the vehicle tracks
until he observed a vehicle parked on a trail. When K. Carlson arrived they made contact with
two adults and a baby at a second vehicle, stuck off trail. The owner of the second vehicle had
entered the previous night and got stuck. The owner was cited for `closed area' and `vehicle
prohibited.' The owner of the first vehicle was given a written warning for both violations. A
bulldozer was brought by a tow service to remove the second vehicle.
25 A trail of burnt flammable material and two melted plastic jugs embedded in the parking lot in
Sierra Azul were observed by A. Corriea. The melted material was removed and a report was
completed.
31 Two trails of burnt flammable material in an"S" shape were observed in the parking lot at Sierra
Azul. K. Carlson also discovered ash and nails left from a possible pallet fire on the paved road
near another gate in Sierra Azul.
January Vandalism
1 Temporary trail closure signs were knocked down at Pulgas
8 Brackets on a door to a building at La Honda were bent in what appears to be an attempt to break
in. A nearby lock on a gate was missing. The lock was replaced.
10 A chain link fence was cut in a couple places in Sierra Azul.
11 An `Area Closed" sign was bent in Sierra Azul.
11 A chain and lock were missing from a gate in Sierra Azul.
16 See Sierra Azul report above.
29 Three area closed signs were found to be missing in Sierra Azul.
31 Glass appears to have been deliberately placed on a trail at Corte Madera. It was removed.