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HomeMy Public PortalAbout20051214 - Minutes - Board of Directors (BOD) i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-27 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS December 14, 2005 MINUTES SPECIAL MEETING I. ROLL CALL i President Larry Hassett called the meeting to order at 6:30 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz and Pete Siemens. Staff Present: Craig Britton, Sue Schectman, Duncan Simmons and Ana Ruiz. II. CLOSED SESSION L. Hassett stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:30 p.m. and the Closed Session commenced at 6:30 p.m. The Board concluded the Closed Session at 7:05 p.m. REGULAR MEETING IIh L. Hassett called the Regular Meeting to order at 7:33 p.m. He announced that the Board had discussed Closed Session Agenda Items 1 and 2 and that no reportable actions had taken place. llie Mike Foster Stan Hooper, Michelle Gordon Bai , Additional Staff Present: � p erson Rudy Jur ensen Kirk Lenin ton John Maciel, Rick Parry, Michael Reeves, Jes , p Y g g Margaret Reimche, Cindy Roessler, Sally Thielfoldt, Mike Williams, Cathy Woodbury and Del Woods. IV. ORAL COMMUNICATIONS—There were none at this time. I i Meeting 05-27 Page 2 V. ADOPTION OF AGENDA L. Hassett stated that several Board Members have requested that the meeting be as brief as possible. He recommended that the Agenda be amended to recognize Mike Foster and move Agenda Item 4 to Agenda Item 2. Motion: K. Nitz moved that the Board adopt the agenda as amended. M. Davey seconded and the motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR K. Nitz questioned Agenda Item 5 and the exact revision to the resolution. D. Woods explained that the amendment to the Resolution was located in the last "Whereas" paragraph, specifically: "WHEREAS, the applicant will enter into an agreement with the State of California for acquisition of the project." S. Schectman stated that historically the District submits their own language and presently, the State of California Department of Parks and Recreation asked that the District keep this paragraph in the Resolution. Motion: M. Davey moved that the Board adopt the Consent Calendar, including Agenda Item 5: Adoption of Revised Resolution No. 05-33 Approving Application to Habitat Conservation Fund Program for Funding Assistance with the Addition of the Peninsula Open Space Trust (Lobitos Creek/Irish Ridge) Property to Purisima Creek Redwoods Open Space Preserve (San Mateo County Assessor's Parcel Number 066-240-020); Agenda Item 6: Acceptance of Annual Report to Shareholders of the Guadalupe Land Co.; Renewal of License and Management Agreement between Guadalupe Land Co. and MROSD for the Guadalupe Land Co. Property Adjacent to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001 and 575-12-013); Determine that the Recommended Actions are Categorically Exempt from CEQA; Agenda Item 7: Authorize Additional Legal Fees in the Matter of Citizens for Responsible Open Space v. LAFCQ, et al., for the Law Firm of Shute, Mihaly & Weinbe in Amount Not to Exceed $50,000; Authorize Additional Legal Fees in the Matters of Fogarty v. MROSD and MROSD v. Fogarty for the Law Firm of Miller, Starr & Regalia in an Amount Not to Exceed $35,000 Contingent Upon Approv I of the Mid-Year Amendments; and Revised Claims 05-22. P. Siemens seconded the motion. The motion passed 7 to 0. N. Hanko abstained on Revised Claim No. 3961. VII. BOARD BUSINESS A. Agenda Item No. I — Adoption of Resolution Approving the Purchase of the Hall Property as an Addition to Monte Bello and Saratoga Ggp Open Space Preserves (Santa Clara County Assessor's Parcel Number 351-16-014) and Amend the Preliminary Use and Management Plan for the Former Thompson Property Naming a Portion of the Property as an Addition to Monte Bello Open Space Preserve (Santa Clara County Assessor's Parcel Number 351-16-023); Determine Meeting 05-27 Page 3 Recommended Actions are Categorically Exempt from CEQA; Dedicate Property as Public Open Space (Report R-05-128). D. Woods presented the staff report with a slide slow depicting the Hall property. M. Williams presented the terms and conditions of the proposed purchase and answered questions from the Board. M. Williams acknowledged the neighbors of the Hall property present at the meeting. Motion: D. Little moved that the Board adopt Resolution No. 05-34, of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Purchase of the Hall Property as an Addition to Monte Bello and Saratoga Gap Open Space Preserves (Santa Clara County Assessor's Parcel Number 351-16-014); Amend the Preliminary Use and Management Plan for the Former Thompson Property Naming a Portion of the Property as an Addition to Monte Bello Open Space Preserve (Santa Clara County Assessor's Parcel Number 351-16-023); Determine Recommended Actions are Categorically Exempt from CEQA; and Dedicate Property as Public Open Space. N. Hanko seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 4 - Adoption of Resolution Approving the Mid-Year Amendments to 2005-2006 Fiscal Year Budget in Accordance with Administration and Budget Committee Recommendation; Accept District Controller's Mid-Year Financial Report; Approve New Ranger Position, New Resource Management Coordinator Position; GIS Intern and Increasing Accounting Clerk Position's to Full Time (Report R-05-124). M. Foster presented the Controller's mid-year financial report and mentioned that all of the land purchases for the first half of the year have been covered by grants and gifts. S. Thielfoldt explained the process that the Administration and Budget Committee followed. She highlighted the positional changes and explained the budget category adjustments. K. Nitz commended staff on the adjustments for this year. He was very pleased with the hard work. He stated that the new Resource Management Coordinator is not intended to be an"administrative" position, but more of a hands-on person. Motion: M. Davey moved that the Board adopt Resolution No. 05-32 Approving the Mid-Year Amendments to 2005-2006 Fiscal Year Budget in Accordance with Administration and Budget Committee Recommendation; Accept District Controller's Mid-Year Financial Report; Approve New Ranger Position, New Resource Management Coordinator Position; GIS Intern and Increase Meeting 05-27 Page 4 Accounting Clerk Position to Full Time. K. Nitz seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 2 - Authorization for General Manager to Enter into a Professional Services Agreement Not to Exceed $21,675 with Environmental Science Associates to Conduct a Phase I Comparative Analysis of Other Land Management Agencies' Management Programs and Evaluate District's Resource Management Program (Report R-05-123). M. Jesperson presented the staff report and answered questions from the Board. J. Cyr questioned the omission of the cost breakdown of each proposal received. S. Schectman explained that the low bid laws and low bid statutes do not apply to consultants but they do apply to public work contracting. S. Thielfoldt noted that Environmental Science Associates ("ESA") was somewhere in the middle of the cost structure. Their bid was neither the lowest nor the highest. Discussion followed regarding best practices, panel discussions and Board workshops. M. Jesperson explained that the workshop would be public. C. Britton stated the costs of Phase I do not include travel costs incurred to bring other agency representatives to the District. Ron Sturgeon, San Gregorio, California, stated that he had experience with Environmental Science Associates when they conducted the watershed assessment in Pescadero. They are very good at what they do and ESA is a fine organization. M. Jesperson stated that the workshop agenda would be brought before the Board at the second meeting in January 2006. Motion: D. Little moved that the Board Authorize General Manager to Enter into a Professional Services Agreement, not to exceed $21,675 with Environmental Science Associates to Conduct a Phase I Comparative Analysis of Other Land Management Agencies' Programs and Evaluate District's Resource Management Program. N. Hanko seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 3 - Progress Report and Further Recommendations Regarding Management of Sudden Oak Death and Slender False Brome on and Near District Preserves; Direct General Manager to Implement Work Plan•, Determine that Recommended Action is Categorically Exempt from CEQA (Report R-05-122). C. Roessler presented the staff report and a PowerPoint presentation on the proposed ten-year work plan on Sudden Oak Death. In regards to collaborative funding, K. Nitz, questioned if the District is participating in the research priorities and funding, or is that the work of the proposed Conservation Committee. C. Roessler advised that it be run through the Meeting 05-27 Page 5 Conservation Committee and that the District serve on the Committee, along with other land management agencies. C. Roessler explained that in this report, the heritage trees recommended for survey and treatment are primarily tanoak, coast live oak, canyon oak and Shreve oak. There may be observations that could adjust this recommendation. D. Little suggested adding local residents to the list of individuals who could provide observations of oak trees. He appreciated staff taking the time to come up with a collaborative plan with the Oak Task Force. C. Roessler introduced her interns: Eliah Gilfenbaum, Research Intern; Noelle Antolin, Natural Resources Intern and Michelle Guzdek (not present), an advanced GIS student at West Valley College. K. Nitz questioned recommending trail closure to certain areas with affected trees. L. Hassett recommended that K. Nitz might want to add trail closure to the motion. Motion: K. Nitz moved that the Board Amend the General Manager's Recommendations by adding Recommendation Number 4: "On a lower priority basis, research the impact of trail closure to certain areas." J. Cyr seconded the motion. The motion passed 6 to 1. Dir. Davey voted no. Discussion: D. Little believes that humans do not contribute significantly to the spreading of Sudden Oak Death, within District boundaries. Motion to Reconsider: J. Cyr moved that the Board reconsider the prior motion. N. Hanko seconded the motion. The motion for reconsideration passed 5 to 2. Dirs. Hassett and Nitz voted no. Motion: P. Siemens moved that the Board implement the Recommendations I through 3 and Recommendation 8 as stated in the Board Report No. 05-27. M. Davey seconded the motion. The motion passed 7 to 0. C. Roessler presented the staff report and a PowerPoint presentation on the proposed ten-year work plan on Slender False Brome. N. Hanko questioned if private land owners are aware that this weed could exist on their properties. She had talked with Thornewood neighbors at the Good Neighbor Policy meeting. C. Roessler expressed concern with the interest of the private land owners. The District has offered to identify and map Slender False Brome to anyone who is interested. Staff has gone to Woodside neighborhood meetings, the South Skyline Association picnic, and the Old La Honda Association picnic. They have also advertised in the associations' newsletters and have posted flyers at the local market. Meeting 05-27 Page 6 D. Little suggested getting our legislators to look into getting brome reclassified as a noxious weed. K. Nitz questioned closing trails in heavily affected areas. C. Britton stated that he had suggested to the Use and Management Committee the closure of Thornewood Open Space Preserve. C. Roessler advised that if the District stays on top of this weed, keep it sprayed and don't let anymore seeds form out there in our preserves, then there is no reason to close the trails. K. Nitz recommends Use and Management Committee meet out at Thornewood in the fall and review the affected areas. Motion: M. Davey moved that the Board implement the Recommendations 4 through 7 and Recommendation 8 as stated in the Board Report No. 05-27. D. Little seconded the motion. Discussion: L. Hassett added that the Old La Honda Road residents are very receptive to assisting in the removal of slender false brome. The District should be talking with the Town of Woodside and CalTrans. C. Roessler stated that CalTrans has been out to the area on a frequent basis and the Town of Woodside has not. Vote: The motion passed 7 to 0. P. Siemens and D. Little departed at 9:55 p.m. VIII. INFORMATIONAL REPORTS N. Hanko: 1. She confirmed that the December 20th Special Meeting would be held at the Skyline Field Office. 2. The Santa Clara County Board of Supervisors voted to approve a trail that will cross Stanford lands near Page Mill Road. The trail will begin at the southeast side of Page Mill Road at Foothill Expressway, straight up to Deer Creek Road, where it will crest over a ridge and wind down to where Arastradero Road. The trail will split at Deer Creek Road, where bicyclists can join the Adobe Creek Trail. The trail is now only 1/3 in Santa Clara County and the other 2/3 will be in San Mateo County. Stanford will keep its financial offers ($11.2 million) to San Mateo County and Portola Valley open for five years, with one two-year extension. If no trail is built within that time, Stanford will give the money to Santa Clara County. 3. She attended the Good Neighbor Policy Meeting in Los Gatos. There were several people there who had opportunities to express their concerns. Representatives from the Presentation Center attended and commented on their good relationship with the District. K. Nitz mentioned R. Zatkin's letter and the status of the report from Balance Hydrologics. S. Schectman explained that as soon as the District receives it from Balance Hydrologics they' would forward a copy to Mr. Zatkin. M. Davey: 1. She expressed her surprise that C. Woodbury is leaving the District. She appreciated all the work Cathy has accomplished with the Coastal Annexation. 2. She would like the District to support the Open Space Initiative for Santa Clara County. It will be on the ballot for November, 2006. She will also be looking for individual support. Meeting 05-27 Page 7 L. Hassett: 1. This being his second to last board meeting: he appreciated staff s reports tonight; he heard positive comments from the public; and he saw exciting progress on resource management issues. 2. He thanked C. Woodbury for her efforts and guidance on the coast annexation process. 3. He hosted a South Skyline Association holiday party. J. Cyr: 1. On December 3 he attended the opening celebration for Santa Clara County Open Space Authority's Rancho Canada del Oro. They had designed and built four miles of trail that connects to old ranch roads—it was absolutely stunning. 2. He attended the South Skyline Association holiday party. 3. He echoed Larry's comments on C. Woodbury's efforts with the Coastal Annexation. He wished her the best on her new position. C. Britton: 1. He passed out the new magnetic badges for all Board members. 2. He received an invitation to the Santa Clara Valley Water District celebrating 75 Years of Service on December 20th. 3. He received a notice of the State of the Valley Conference (Silicon Valley's Town Meeting) scheduled for January 20, 2006. 4. He and Pete Siemens went to the Santa Clara County Special Districts Association. M. Foster had put in his proposal to sit on the Citizen Advisory Committee to advise Santa Clara County Treasurer on investments which was approved. 5. He attended the NRPA Conference in San Antonio, Texas. 6. On November 3 there will be another Special Parks Districts Forum planning meeting in the East Bay. J. Cyr is the Board representative and he will be attending. 7. He met with Judith Steiner, Interim Director of the Committee for Green Foothills, to discuss future projects. She is also on the Sempervirens Fund Board of Directors. 8. He emphasized that the El Corte de Madera tours were offered to no more than three Board members at a time. C. Woodbury: She expressed her pleasure in working with the District for the past five years. The coastal annexation was the most exciting project she has worked on in her whole career. She feels the District is being left in very capable hands with an excellent planning department. IX. ADJOURNMENT At 10:23 p.m., the meeting was adjourned. Margaret Reimche Recording Secretary t Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-28 SPECIAL MEETING BOARD OF DIRECTORS 21150 Skyline Boulevard La Honda, California December 20, 2005 MINUTES SPECIAL MEETING I. ROLL CALL President Larry Hassett called the Special Meeting to order at 7:03 p.m. Mar Dave Nonette Hanko Deane Little Pete Siemens Jed Cyr, , r Present: ,Members Y � Y Y� and Larry Hassett. Members Absent: Ken Nitz Staff Present: Craig Britton, Rudy Jurgensen, David Sanguinetti, Sue Schectman, Sally Thielfoldt, Mike Williams and Del Woods. H. ORAL COMMUNICATIONS—There were none. III. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 6 to 0. IV. ADOPTION OF CONSENT CALENDAR Motion: M. Davey moved that the Board include Agenda Item 3 on the Consent Calendar. N. Hanko seconded and the motion passed 6 to 0. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including Agenda Item 3: Adopt the Attached Resolution Accepting the Gift of the Salzberg,Property as an Addition to La Honda Creek Open Space Preserve (San Mateo County Assessor's Parcel Number 072-334-020); Determine Recommended Actions are Categorically Exempt from CEQA; Adopt the Preliminary Use and Management -Plan Recommendations,• Name the Property as an Addition to La Honda Creek Open Space Preserve, Indicate Intention to Dedicate Property as Public Open Space and Revised Claims 05-23. M. Davey seconded and the motion passed 6 to 0. V. BOARD BUSINESS A. Agenda Item No. I — Adoption of Resolution Authorizing Purchase of POST (Rapley Ranch) property as an Addition to Russian Ridge Open Space Preserve (Santa Mateo County Assessor's Parcel Numbers 078-210-370 and 080-320-170); Determine Recommended Actions are Categorically Exempt from CEQA, Adopt the Preliminary Use and Management Plan Recommendations,Name the Property as an Addition to Russian Ridge Open Space Preserve; Indicate Intention to Dedicate Property as Public Open Space—(Report R-05-130). D. Woods presented the staff report and answered questions from the Board. M. Williams discussed terms and conditions. L. Hassett asked for elaboration of fuel management on the property. Staff explained that there is a two-part process. Upon acquisition, the District follows current fuel management practices. Then, for the final fuel management plan, site-specific consultation is done with California Department of Forestry as called for in the Service Plan. D. Sanguinetti added that District staff will clear brush 100 feet around the barn, unless required to do more. District maps are provided to CDF stations and updated. Mary Bordi, La Honda, California received the initial notice of meeting, but did not receive the notice that tonight's meeting was rescheduled. She received the information from the District's web site. At the request of C. Britton, M. Williams described the mailing notification process and the advertisements placed for this meeting. Kerry Carlson, Morgan Hill, California, described his family history in relation to the Rapley Ranch property. His family was hopeful that the ranch would remain a working ranch. He also stated that the barn is in pretty good shape and needs just a few minor repairs. He requested that a trail be named after Jimmy Rapley, the long-time owner and resident. Motion: M. Davey moved that the Board adopt Resolution No. 05-35 Authorizing Purchase of POST (Rapley Ranch) Property as an Addition to Russian Ridge Open Space Preserve (Santa Mateo County Assessor's Parcel Numbers 078-210-370 and 080-320- 170); Determine Recommended Actions are Categorically Exempt from CEQA; Adopt the Preliminary Use and Management Plan Recommendations; Name the Property as an Addition to Russian Meeting 05-28 Page 2 Ridge Open Space Preserve; Indicate Intention to Dedicate Property as Public Open Space. D. Little seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2 — Adoption of Resolution Authorizing Purchase of POST (Portola Lookout) Property as an Addition to Long Ridge Open Space Preserve (Santa Mateo County Assessor's Parcel Number 085-130-050), Determine Recommended Actions are Categorically Exempt from CEQA,-Adopt the Preliminary Use and Management Plan Recommendations• Name the Property as an Addition to Long Ridge Open Space Preserve, Indicate Intention to Dedicate Property as Public Open Space—(Report R-05-13 1). D. Woods presented the staff report. M. Williams discussed terms and conditions. N. Hanko questioned the process of naming the property. C. Britton stated there are times when naming the property becomes part of the actual negotiation, for example, Bear Creek Redwoods and Miramontes. N. Hanko was concerned that the committee designed to protect the District from naming preserves after ineligible persons is being circumvented. She stated she was disappointed that staff did not bring this to the Board. C. Britton explained that this was a condition of the bargain sale. D. Little said it was similar to an easement. L. Hassett questioned how the District works with CDF regarding fuel management. D. Sanguinetti explained that CDF requires that all brush be cleaned from structures and roads. The District maintains good relations with CDF and provides ride-a-longs when requested. CDF is always noticed of any map change from the District. P. Siemens asked whether CDF comes to look at the property. D. Sanguinetti stated that the Fire Marshall comes onto the property to assure there are adequate clearances around the structures. N. Hanko recognized D. Woods and M. Williams for their excellent reports. J. Cyr requested that naming requirements be brought to the Board's attention when initially presented to the Board. L. Hassett suggested talking with POST regarding the Board's sensitivity to naming protocols. S. Schectman stated that the site-naming covenant language is very flexible. Motion: M. Davey moved that the Board adopt Resolution No. 05-36 Authorizing Purchase of POST (Portola Lookout) Property as an Addition to Long Ridge Open Space Preserve (Santa Mateo County Assessor's Parcel Number 085-130-050); Determine Recommended Actions are Categorically Exempt from CEQA; Adopt the Preliminary Use and Management Plan Recommendations; Name the Property as an Addition to Long Ridge Open Space Preserve; Indicate Intention to Dedicate Meeting 05-28 Page 3 Property as Public Open Space. P. Siemens seconded the motion. The motion passed 6 to 0. VI. INFORMATIONAL REPORTS L. Hassett called for a Special Meeting of the Board of Directors of Midpeninsula Regional Open Space District on January 12, 2006 for the purpose of considering the purchase of the POST (Driscoll Ranch) property. The meeting will take place at La Honda Elementary School, La Honda, California, at.7:00 p.m. VII. ADJOURNMENT At 8:00 p.m., the meeting was adjourned. Meeting 05-28 Page 4