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05 Staff Report - Discussion and Direction on Use of Segways on LG Creek Trail~pW N 0 cos Gpios COUNCIL AGENDA REPORT MEETING DATE: 12/04/06 ITEM NO: so,, DATE: NOVEMBER 29, 2006 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: DISCUSSION AND DIRECTION ON THE USE OF SEGWAYS ON THE LOS GATOS CREEK TRAIL IN LOS GATOS RECOMMENDATION: Discussion and direction on the use of Segways on the Los Gatos Creek Trail in Los Gatos. BACKGROUND: The South Bay Segway Company, located in Campbell, has advertised their Segway rental program to the public, beginning in the summer, 2006. The programs include tours and individual unit rentals. Attachment I is a copy of the company's advertising brochure. South Bay Segway has proposed a program for rental of their units, individually or in groups. Their proposed program is more frilly described in Attachment 2. The California Vehicle Code [Sections 313, 407.5 and 467] establishes regulations regarding the use of "electric personal assistive mobility devices" such as the Segway and further defines the user as a pedestrian. It also provides that local authorities may adopt ordinances that limit or prohibit the time, place, and manner of their use. These regulations, now in effect, will be terminated on January 1, 2008 unless extended by new legislation. With this information, the Parks Commission considered the use of Segways at their regular meeting on September 5, 2006, which was held on the Los Gatos Creek Trail. From the demonstration and presentation made by Kent Pelz of South Bay Segways on the trail, the Commission developed several recommended conditions, which are among the alternatives presented to the Town Council in this report for consideration. PREPARED BY: (iOHN E. CURTIS ector of Parks and Public Works N:AB&E\COUNCIL REPORTS\segways.LG.Creek Trail. 120406.doc Reviewed by Assistant Town Manager Town Attorney Clerk Administrator Finance Community Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: DISCUSSION OF THE PARKS COMMISSION RECOMMENDATIONS REGARDING THE USE OF SEGWAYS ON THE LOS GATOS CREEEK TRAIL IN LOS GATOS NOVEMBER 29, 2006 DISCUSSION: Parks Commission Action At the time this issue was considered by the Parks Commission, it was understood that approval of the use of the Segway unit on the Los Gatos Creek Trail had been obtained in Campbell and the County. Nevertheless, the Parks Commission believed that the units should only be permitted under certain conditions. Upon discussion, the Parks Commission recommended the following conditions: 1. Segway tours shall not compete with multi-use or pre-scheduled events. 2. Use shall be in the afternoon hours only on weekends. 3. There shall be no more than three tours per day. 4. Groups shall not exceed fifteen people. 5. Two tour guides shall be present when there are more than seven participants in a tour. Guides shall be placed in the front and rear of the tour group. 6. The maximum speed of a Segway shall be six miles per hour. 7. There shall be a nine-month probationary period for the implementation of these conditions. The period would span the summer, fall, and winter months. Subsequently, the City of Campbell Parks and Recreation Commission, at its September, 2006 meeting, considered the use of Segways on its portion of the Los Gatos Creek Trail and developed its proposed conditions, which are summarized below: 1. The number of Segways in each tour is limited to five. 2. Tours are to be conducted Tuesday through Thursday from noon to 7:00 p.m. and Friday through Sunday from noon to 5:00 p.m. No tours are allowed on Mondays. 3. The agreement would be in effect for a nine-month trial. 4. Tours are limited to two per day. 5. South Bay Segway Insurance must include the City of Campbell and the Campbell Redevelopment Agency. 6. The hold harmless waiver that the users sign must also include the City of Campbell and the Campbell Redevelopment Agency. 7. A $500 fee is to be charged for the nine month trial period. The Campbell conditions are similar to the recommended Los Gatos conditions, with the exception of numbers 5, 6, and 7. These are logical additions to the recommendations of the Parks Commission and staff would recommend these additions for Los Gatos to any agreement for the use of Segways on the trail. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: DISCUSSION OF THE PARKS COMMISSION RECOMMENDATIONS REGARDING THE USE OF SEGWAYS ON THE LOS GATOS CREEEK TRAIL IN LOS GATOS NOVEMBER 29, 2006 On October 3, 2006, the Campbell City Council decided to disallow Segways on the Creek Trail and their city parks. They have directed staff to prepare the appropriate ordinance to accomplish this. That step is currently underway. The Los Gatos Parks Commission, at their meeting of November 7, 2006, discussed the events in Campbell and their previously developed set of conditions for use of Segways on the Creek Trail. Their decision was to forward the conditions they had developed previously to the Town Council. These are the conditions reflected above. Staff would recommend adding the three additional conditions regarding insurance, the hold harmless clause, and the fee for the probationary period to any agreement regarding the use of Segways on the trail. Attachment 3 is a location map of the Los Gatos Creek Trail. Alternatives for Consideration With regard to the usage of Segways on the Los Gatos Creek Trail, Council has several options it may wish to consider. Attachment 4 includes the e-mail input received to date on this matter. All of the e-mails request the Council to not allow the use of Segways on the trail. The options for Council consideration include: Take No Action - By not taking any action to limit or condition the use of Segways, tour participants and individual Segway users would be regarded by the California Vehicle Code as pedestrians. As such, they would be accorded the rights and privileges of walkers and joggers on the trail. 2. Authorize Limited Use of Segtways - Implementing the conditions prepared by the Parks Commission would limit the usage in both time and intensity and would require guides for tour groups. In addition, adding conditions which cover insurance, liability, and a fee for the trial period, which had been included in Campbell's proposed conditions, are logical requirements of the operator. Staff has asked Mr. Pelz if his company is still interested in operating tours on the Los Gatos portion of the trail; however, no response has been received at this time. 3. Deny the Use of Segways - Council may deny the use of segways on the Los Gatos portion of the Los Gatos Creek Trail by directing staff to prepare the appropriate ordinance. Further, if directed, staff can include the prohibition of Segways on any or all public traveled ways. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: DISCUSSION OF THE PARKS COMMISSION RECOMMENDATIONS REGARDING THE USE OF SEGWAYS ON THE LOS GATOS CREEEK TRAIL IN LOS GATOS NOVEMBER 29, 2006 Should Council be inclined to permit the limited use of Segways or to deny use altogether, the Town Attorney recommends that Council direct the Town Attorney to draft an ordinance for Council's consideration. CONCLUSION: As directed by Council, staff will proceed with the next steps, if any, regarding the use of Segways on the Los Gatos Creek Trail and/or on other public traveled ways in Los Gatos. ENVIRONMENTAL ASSESSMENT: This project is not defined under CEQA, and no further action is required. ISCAL IMPACT: Fiscal impact would vary depending on the direction given by Council. There would be no direct fiscal impact associated with taking no action. Staff time, which could be absorbed in the current budget, would be required to prepare an agreement or an ordinance pursuant to the other two alternatives. AttarhmPnt- I. South Bay Segway Brochure 2. South Bay Segway Proposed Program 3. Los Gatos Creek Trail Location Map 4. Emails regarding the use of Segways 5 E6WAY TOUR$ ON THE LOS 6ATOS CREEK TRAIL i, Glide quietly past miles of running water, dams, bridges, parks, Vasona Lake, flora and fauna, bird life and more on the amazing Segway personal transporter. This unique paved trail runs from San Jose to downtown Los Gatos - an outstanding example of open space in an urban setting. The Segway PT is Lithium-battery powered and self-balancing. Virtually anyone can learn to ride quickly and easily with our short, hands-on training. DAILY GUIDED POURS 10 AM AND 2 PM $75 / 2 HOURS plus CA tax including training and orientation • T SOUTH BAY SEGWAY Call for reservations (408) 370 7557 Tours launch from Old Camden Road in Campbell 730 Camden Avenue, Unit E (at the intersection of Winchester and Camden - look for Economy Lumber and Slaughterbeck Flooring) Minimum and maximum rider weights apply. Minimum age 14 and those under 18 must be accompanied by an adult. Major credit cards accepted Individual rentals also available • ® SOUTH THE HIGH-TECH WAY BAY TO EXPLORE SAN JOSE www.sbsegway.com S E G W fly' ATTACHMENT 1 J Attachment 2 • sauTy sar SEGWHYPROPOSED SEGWAY TOUR AND RENTAL PROGRAM ON THE LOS GATOS CREEK TRAIL IN CAMPBELL, CA OPERATIONAL DETAILS • Launch August, 2006 • Open six days a week - Tuesday through Sunday • Daylight hours only - approximately 10 AM to 7 PM in summer months • Offer free range rental (one hour to more extended time frames) and guided tours (2.5 hours, including training). • Every rental and tour will begin with 10-15 minute training session, conducted by an experience Segway trainer. This will include viewing the Segway safety video and actual riding time on the Segway in our parking lot. ef, _.Y h rt fi A v t ,vim :T % rH , • After the training, our tour guide will take the tour groups down old Camden Avenue to the entrance onto the Los Gatos Creek Trail. From there the group will travel up to Los Gatos and back or down to Meridian Avenue and back. Either direction will take approximately 2 hours. ATTACHMENT 2 • Non-tour rental customers (free range) will be free to take the Segway in their car to any location of their choice. • For the first year, we plan to operate a fleet of 13 rental units (including units for one or two of our guides), so there will never be more than that number in our tour groups. We expect the average group size will be 6-8. • Segways will be operated on the black key for training (maximum 6 MPH) and on the yellow key for the remainder of the tour (maximum 9 MPH). Rents and tour customers will never be given the red key, which operates the Segway at up to 12 MPH. • Rider must be over 100 pounds and not to exceed 260 pounds • Helmets will be provided for every rider • We carry comprehensive and liability insurance coverage of $2 million, plus State Fund worker's camp for our employees • Riders will sign a hold-harmless waiver and will be responsible for any damage caused to the Segway CA LEGISLATIVE COMPLIANCE • California stature SB 1918 designates the Segway Human Transporter as an Electric Personal Assistive Mobility Device (EPAMD), not a motorized vehicle. • An EPAMD is defined as a self-balancing, non-tandem, 2-wheeled device that can turn in place, designed to transport only one person at a maximum speed of less than 12.5 miles per hour. • The legislation further stipulates that a person operating an EPAMD is classified as a "pedestrian". APPROVAL FROM OTHER JURISDICATIONS • We have received approval from San Jose City Parks Department and the Santa Clara County Parks Department to operate on those sections of the Los Gatos Creek trail within their jurisdiction. We have conducted two Segway demonstrations in Los Gatos - one for the Police and City Officials; the other for the Parks Commission and are awaiting final approval at the August 1 meeting of the Parks Commission. Santa Clara Valley Water District has reviewed our proposal and has no objection to our operation. ECONOMIC BENEFITS • Our Segway rental program will attract visitors/tourists to key commercial areas near the Los Gatos Creek Trail, including the Pruneyard, downtown Campbell and Los Gatos. • Hotels, restaurants, retail stores, travel agencies, downtown associations and chambers of commerce should gladly promote our Segway rental service to their clientele and members as another important reason for consumers and visitors to "play and stay" in their commercial areas. P4A T-~ SA - :;=ill G . a 1AMPBELL' i w ~ z L~ - j ~ 1 ' I ~ Y 11 rvuw~Ea ~ ii~~~ 0 CL- 17 MONTH' a , t1 Attachment 3 k x~ - Heading N from Camden Ave. toward Los Gatos Creek County Park % AR, In Los Gatos Creek County Park N or Camden Ave. Attachment 3 'ram ova Near the Dog Park at Los Gatos Creek County Park Uallmfflmmffim~ At the entry to the Dog Park Page 1 of 1 Millie Sperath - Segways on Town Trails From: "Toni Blackstock° To: Date: 11/28/2006 4:51 PM Subject: Segways on Town Trails Dear Diane: I'd like to add my name to those who oppose allowing Segway tours on our Town trails. I walk these trails often and between walkers, bicyclists, dogs and strollers, the trails are congested enough. I would oppose any form of motorized transportation in these areas. once you open the trails to the tours, it will open the doors to individuals who wish to ride a Segway, motorized skateboard or the myriad of other vehicles that exist. The peace and quiet to be enjoyed on the Town trails should not be put at risk. Thank you for considering this point of view. Toni Blackstock 15561 Benedict Lane, Los Gatos ATTACHMENT 4 file://C:ADocuments and Settings\msperath\Local Settings\Temp\XPgrpwise\456D286BT... 11/29/2006 I i IV, Page 1 of 1 Millie Sperath - Fwd: Segways - a NO for LG on the LG Creek Trail From: Patsy Garcia To: Debra Figone; John Curtis; Pamela Jacobs Date: 11/29/2006 9:20 AM Subject: Fwd: Segways - a NO for LG on the LG Creek Trail CC: Millie Sperath Additional e-mail to be included with Council report Suzanne Cochran <cochran5@earthlink.net> 11/28/06 7:08 PM Dear Town Council, Segways do not belong on LG Creek Trails. The trails in LG are already too busy for people, bikes, skates and strollers. There is no room for any motorized/electronic vehicles on the paths. The Parks Department is recommending Segways with 5 conditions. Why approve it at all? It make no sense. Campbell's trails are just as busy as ours and they did not approve it. I recommend a "NO" for Segways. They are not good for Los Gatos. Thanks for your support, Suzanne Cochran 60 Rogers Road Los Gatos, CA 95030 file://C:ADocuments and Settings\msperath\Local Settings\Temp\XPgrpwise\456D50D5T... 11/29/2006 - T -1 Page I of 2 Millie Sperath - Fwd: Segways on creek trail From: Patsy Garcia To: Debra Figone; John Curtis; Pamela Jacobs Date: 11/29/2006 9:21 AM Subject: Fwd: Segways on creek trail CC: Millie Sperath Additional e-mail to be included with report <dwanderl23@comcast.net> 11/28/06 2:24 PM If you are thinking of voting in favor of allowing Segways on the Los Gatos Creek trail I strongly suggest that Council Members refrain from voting on this issue unless you have personally driven a Segway and also have recently used the Los Gatos Creek trail. The Segway looks easy to ride but it's not the same as riding a bike (I rode one at the Tech Center and watched several people struggle with their first experience with a Segway) . It's probably ok going straight ahead but most new riders will have difficulty making a quick response to the small child, dog, or bike jumping in their way. The vehicles are heavy and any accidents are likely to do more damage than a glancing blow from a bike or passing jogger. The message here is-- the potential for lawsuits. By personnaly going to the park and walking or biking the trail during the hours you are considering for Segways, you will get a better feel for the type of conficts that could result between Segways and current users---- what it might be like to face several Segways coming in your direction. and how it would impact your "getting away for a day in the park". I'm pretty certain that you would find yourself jumping completely off the trail before they reach you---much like you would if you were approaching someone riding a horse. You also might ask the people of Los Gatos and the people that use the trail what they think of the idea..... who wants the Segways in the Park and how they will benefit Los Gatos. Certainly the majority of people currently using the park will not support the Segways. If you doubt this please send someone down to the trail to take a meaningful poll. The last thing anyone using the park wants to see, or run into, is several large mechanical vehicles occupying the park trail. The very reason people use the park and trail is to enjoy themselves and nature in a park atmosphere.... to get away for at least a short while, from the hustle and bustle of city streets. You should also poll the citizens of Los Gatos to see how many of them will use the Segways and also inquire how many of them think that the Segways will make a meaningful contribution to enjoying life in Los Gatos. Now I have no doubt that the owner is the Segway concession will give you a thumbs up but I would hope the city council represents the citizens of Los Gatos and shouldn't be unduly influenced by an individual business and certainly not by the County Park Officials (I doubt if most of them even live in Los Gatos). One last point. If you are thinking about new business it might bring to the park please also consider how much business you might lose. I took my new Irish Setter down to the park trail late in the afternoon a couple of months ago and the trail was too crowded to have an enjoyable walk with one's dog. My response has been to find other parks for dog walking. I haven't been back even though I live file: //C:ADocuments and Settings\msperath\Local Settings\Temp\XPgrpwise\456D5126T... 11/29/2006 Page 2 of 2 here. I'm sure many others will feel the same way if you approve the Segways. Dale Anderson 100 Chippendale Ct Los Gatos, CA 408-395-3018 home owner and resident of Los Gatos since 1978. file: //C:\Documents and Settings\msperath\Local Settings\Temp\XPgrpwise\456D5126T... 11/29/2006 Page 1 of 2 John Curtis - Re: Dec. 4 meeting, against Segway use of trail for safety and usability issues for bicyclists From: Patsy Garcia To: REBECCA BURNS Date: 11/29/2006 11:35:21 AM Subject: Re: Dec. 4 meeting, against Segway use of trail for safety and usability issues for bicyclists CC: John Curtis; Millie Sperath Ms. Burns: Your e-mail will be included as part of the report that will be forwarded to Council. No need to send the e-mail separately. Thank you Patsy Garcia Executive Assistant to the Town Manager Town of Los Gatos PO Box 949/110 E Main St Los Gatos, CA 95031/95032 408/354-6832 408/399-5786 FAX pgarcia(ci losgatosca.gov "REBECCA BURNS" <rtufano@msn.com> 11/29/06 11:26 AM I have a meeting up the Peninsula Dec. 4 and cannot make the meeting to object to the proposed use of the Los Gatos trail by Segway users. (I am an advisor for the Digital Vision program at Stanford, and the CEO of one of the sponsors coming in from out of town that evening.) Can you please make sure that all of the council members receive my STRONG OBJECTION as noted below (and copy me)? Alternatively, if you provide me with their e-mails, I can also send this message along. Thank you, Rebecca Burns Tufano As a careful bicycle rider who uses the Los Gatos path (because it is one of the FEW safe, paved places to ride) I object vehemently to the proposed use of the common trail by these relatively wide vehicles. Over the Holiday weekend, my husband and I enjoyed the trail riding our bikes. Even though I am a very cautious rider, I fell to avoid a collision with two oncoming bicyclists. (There are a few places on the path where it turns sharply, and oncoming visibility isn't so great.) Adding relatively wide Segways, and several in a line, will make the trail much less usable and safe by any cyclist. This would leave us with virtually no viable alternatives for a reasonably pleasant weekend afternoon ride with our families, to promote a for-profit activity. If there were other safe places to ride, I wouldn't mind as much, but I'm not willing to risk my life on Highway 9. There just aren't many good bicycle paths around, and this would make one less. file://C:ADocuments%20and%20Settings\user\Local%20Settings\Temp\GWI00004.HTM 11/29/2006 Page 2 of 2 It seems to me that the trail is should be used for enjoyable FITNESS and HEALTH, and making the trail less usable because of wide/ long groups of Segway users, who AREN'T EVEN EXERCISING is dumb and contrary to good policy. (We're fat enough as it is! Let's keep Los Gatos FIT!!!) Let's continue the tradition of a fit and healthy Los Gatos, and give support (as opposed to take away support) for those who use the trail to promote a healthy lifestyle with their families. Sincerely, Rebecca Burns Tufano 80 Broadway Los Gatos, CA 408-354-0610 file://C:\Documents%20and%20Settings\user\Local%20Settings\Temp\GW}00004.HTM 11/29/2006 Al I W , November 28, 2006 To Elected Members of the Los Gatos Town Council: Mayor Joe Pirzynski Vice Mayor Barbara Spector Council Member Steve Glickman Council Member Diane McNutt Council Member Mike Wasserman Town Manager Debra Figone We beg of you to unanimously vote "NO" to allowing Segway on our Los Gatos Creek Trail. We are senior citizens in our 80's. We are daily walkers on the beautiful Los Gatos Creek Trail. We enjoy the trail each day along with a multitude of joggers (We wish we were that agile!) many mothers pushing their strollers followed by their small pre-school children many other senior citizens many bicycle riders and many dog walkers. We feel so fortunate to have such an area where we feel safe. This is our sanctuary for enjoying the beauty and refreshment of the outdoors away from the congestion. PLEASE do not take away the simple pleasures of the multitudes to satisfy so few. PLEASE uphold and maintain the rules we now have for our Trail. Segway is a motorized unit. PLEASE listen to and care about our needs. Have you personally walked on the lovely trail? Thank you for your consideration. Sincerely, Don and Dorothy Erickson 15764 Izorah Way Los Gatos, California f --1 1 ~ C7 -P ~ ~ ~f L~~ ~ f ,G~ i ~r p l✓ l~ ~cr J~ z~ Y~ ~ U ..f ~ 1 V C V4 f `s -4- ~ VaZiX 4IJ r~ Pi~l-mac a < < i -61c) i vtt - q v ? cl Av, k A dt U142-7 y ~cl, L~- Lo 3 s)4 'Zoo /A r`~ C r~ ter ' f -d o 1 ' ra e a Lynda Seastrom - No Segways on the Los Gatos Creek Trail, please Page 1 From: Michael Kennedy <michaeljohnkennedy@yahoo.com> To: <dmcnutt@losgatosca.gov> Date: 11/30/2006 11:27:11 AM Subject: No Segways on the Los Gatos Creek Trail, please November 30; 2006 Council Member Diane McNutt Los Gatos Town Council 110 E. Main St. Los Gatos, CA 95030 Dear Council Member McNutt, I have been a Los Gatos resident for 19 years and have been a homeowner in the Bayview Avenue neighborhood for the past 16 years. I do community volunteer work with others in my neighborhood. In recent years we have worked to advocate improving pedestrian and cyclist safety on the Highway 9 corridor and throughout our town. I am also an active marathon runner and enjoy using the Los Gatos Creek Trail for refreshing morning training runs with my fellow local runner friends and acquaintances on Monday, Thursday and Saturday each week. The Los Gatos Creek Trail is a beautiful and treasured resource for our community indeed. However, this past week I noticed in the local paper that a business entrepreneur has approached the town with a proposal that would permit the use of Segway motor scooters on the Los Gatos Creek Trail for the purpose of selling guided tours. I oppose this proposition because I believe it would create an unnecessary safety hazard for the numerous pedestrians and cyclists that use the trail each day. I have spoken to others in our community about this issue and have recently taken an informal email survey amongst my fellow runner friends. The response is unanimous: no Segways on the Los Gatos Creek Trail, please (see survey & responses below). Please consider voting against the use of Segway motor scooters on the Los Gatos Creek Trail; it would otherwise create an unnecessary safety hazard for pedestrians and cyclists, and would not benefit the majority of local community members who use this treasured resource each day. Sincerely, Michael Kennedy 26 Bayview Avenue Los Gatos, CA 95030 The Bayview Avenue Neighborhood Association Survey & responses below: From: Michael Kennedy [mailto:michaeljohnkennedy@yahoo.com] Sent: Wednesday, November 29, 2006 9:41 AM To: Yvonne Lund; Angelo Pietroforte-, Maria Trujillo Subject: Segway use on Los Gatos Creek Trail A entrepreneur has asked the town of Los Gatos to allow Segway scooters http://news.bbc.co.uk/1/hi/world/americas/2989000.stm on the Los Gatos Creek Trail for the purpose of W7, Lynda Seastrom - No Segways on the Los Gatos Creek Trail, please selling guided tours. Others would be able to ride the scooters on the trail as well. These vehicles have a top speed of 12-13 mph and are approximately 2-3 feet wide, http://www. segway.com/personal-transporter/model_x2_Adventure. html Would you support this idea? Michael Survey responses, so far: MARIA TRUJILLO <mariatrujillo@verizon.net> wrote: No way this can win. It is stupid. Bikes are enough! Angelo Pietroforte <angelo@forte-vision.com> wrote: No I wouldn't support this idea. I think bicycles and dogs are already enough. Angelo uo You Yanoo! Tired of spam? Yahoo! Mail has the best Spam protection around http://mai1.yahoo.com Page 2 Lynda Seastrom - Segway use of the LG trail Page 1 From: "don purkey" <dwpurkey@comcast.net> To: <mwasserman@losgatosca.gov>, <jpirzynski@losgatosca.gov>, <bspector@losgatosca.gov>, <sglickman@losgatosca.gov>, <dmcnutt@losgatosca.gov> Date: 11/30/2006 10:18:27 AM Subject: Segway use of the LG trail Dear Los Gatos Town Council, We urge you to please vote against the use of the Los Gatos trail in your December 4 meeting. We have been walking the trail for 25 years and now that we are semi-retired, we walk the trail and Vasona Park every other day, rain or shine. The trail should not be used by motorized devices and certainly not with a commercial venture to satisfy one business owner at the expense of hundreds of citizens. Only the LGMSPD and/or other safety organizations should be allowed to use motorized devices on the trail. We urge you to follow the vote of the City of Campbell and decline even a trial basis for the Segway use. Sincerely, Beverly and Donald Purkey Monte Sereno I F -1 a-_ '