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HomeMy Public PortalAbout20060112 - Minutes - Board of Directors (BOD) Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 06-02 SPECIAL MEETING BOARD OF DIRECTORS January 12, 2006 La Honda Elementary School 450 Sears Ranch Road, La Honda, CA 94020 MINUTES SPECIAL MEETING I. ROLL CALL President Jed Cyr called the meeting to order at 7:03 p.m. Members Present: Mary Davey, Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz, Pete Siemens and Jed Cyr. Members Absent: None Staff Present: Craig Britton, Matthew Freeman, Rudy Jurgensen, John Maciel, Michael Reeves, David Sanguinetti Sue Schectman, Sally Thielfoldt, Michael Williams and Del Woods. II. ORAL COMMUNICATIONS j i Jim Rourke, Pescadero, talked about use of firearms in the District. He passed out a folder with information that he wanted to be given to the Board. He showed a cartridge marked No. 1 that was .22 caliber and said that it would travel one mile. He gave a box containing cartridges of other calibers to the Board. He said the point was that when someone discharges a weapon the cartridge does not stay on the property where it was fired. He said he thought it was good that the Board had prohibited the discharge of weapons on District land. George Nokes, La Honda, pointed out his property on a map, describing it as the Old Peekaboo Lane property. He asked about ownership of a parcel near him. Staff informed him that it would remain in private ownership. Jose Maes, San Jose, said he also owned property near the subject property and he wanted to confirm that Mr. Driscoll would retain ownership of the parcel near his. I 111. ADOPTION OF AGENDA Motion: N. Hanko moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 7 to 0. IV. BOARD BUSINESS A. Agenda Item No. I — Approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring Plan in Accordance with the California Environmental Quality Act-, Approval of Purchase Agreement for the Proposed Purchase of Peninsula Open Space Trust (Driscoll Ranch) Property (San Mateo County Assessor's Parcel Numbers 078-270- 010, -020, -030, 078-290-010, -020, -030, -060, 082-140-020; 082-170- 010, -040, Located in Unincorporated San Mateo County Adjacent to Highway 84) as an Addition to La Honda Creek Open Space Preserve-, Approval of Residential Rental Agreement and Approval of Springwater Easement Agreement with Driscoll Ranches, LLC; Adopt the PreliminaKy 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— (Report R-06-07). J. Cyr reviewed the order in which the meeting would be conducted: staff report, Board questions of staff, input from the public, Board deliberation and decision. C. Britton noted that the following representatives of POST were present: Audrey Rust, President and CEO; Walter Moore, Executive Vice President; and Paul Ringgold, Director of Land Stewardship. He said this is the largest piece of property bought by the District, and it is the largest gift as well, over $16 million from POST. It is unique in that a long-term grazing lease is tied into a resource management plan. D. Woods reviewed the recommended actions and provided background information and photographs of the property. He talked about the District's planning process, noting that the Preliminary Use and Management Plan would be discussed at this meeting, and the Master Plan would be considered at a later time. He noted that there would be many opportunities for public input during the Master Plan process. He talked about the Preliminary Use and Management Plan and the environmental review process as outlined in the staff report. M. Williams outlined the terms and conditions of the purchase. He added that three parcels would be re-conveyed to the Driscoll Ranch by POST. He said the District would receive $1 a year for the grazing lease, and Driscoll Ranch is responsible for various obligations such as road Meeting 06-02 Page 2 maintenance. He added that grazing will be monitored. He said the appraisal covered the 3,681 acres being purchased. M. Freeman discussed future plans for resource surveys as part of the Master Plan. He said he did not know about any natural oil seeps or tar pits on this property, but there are some in a nearby area. D. Woods said it is staff s understanding that Bogus Creek is the property line, and it would be fenced to keep cattle out and avoid contamination of the creek. K. Lenington said he had not seen slender false brome and other invasives on the subject property. However, French and Scotch broom and some yellow star thistle were present at La Honda Open Space Preserve. He said that he understood that the resource management plan allowed for stocker and steer operations. D. Sang uinetti said the term "patrol regularly" meant once or twice a week in the beginning until the public is allowed on the property. Audrey Rust said it was a pleasure to be working with the District this evening. She talked about the gift, adding that they began the process in 1999. She said she and Walter Moore and Paul Ringgold represent the top of a small pyramid of 22 employees. She said she was very proud of the quality of her staff, and she applauded and thanked them. Jose Maes, San Jose, said that his earlier questions had been answered. He asked about qualification to participate in the planning process and was told his name would be added to the Master Plan list. Jim Rourke, Pescadero, said he hoped the grazing consultant hired by the District would have no vested interest in this property or surrounding property. He asked if there would be a change in the Board's shooting policy on this land. He congratulated those who patrol the land on their diligence and restraint. He commended the Board for hiring employees that are a credit to the organization and encouraged the Board to approve the recommendations. Board Members indicated District regulations prohibit discharge of weapons on the property. Mr. Rourke said it is common knowledge that there are people in the area who hunt on property they do not own. George Nokes, La Honda, asked about the $50,000 allotted for a four- wheel fire vehicle. He asked if that vehicle would be housed at La Honda firehouse. He stated that he has a moderately healthy population of San Francisco garter snakes on his land. He added that there is some oil Meeting 06-02 Page 3 seepage going into the creek but it does not affect the steelhead population. Ron Sturgeon, San Gregorio, said he had forwarded comments on the mitigated negative declaration. He had questions about the value of the property, and said that development was not factored into that amount. He did not think this organization had demonstrated that they were able to manage a ranch. He had questions about Section 5 of the resolution. He said the amount being spent toward this acquisition should be declared. He referred to staff recommendation number 5, and urged them to indicate their intention to dedicate the property to agriculture, preservation, and public open space. Christine O'Keefe, La Honda, asked if the grazing rights are set in stone or were they adjustable when the Master Plan is complete. Patty Ciesla, Los Altos Hills, congratulated POST and the District on protecting the land. She talked about the closure of La Honda Creek to bicycling and was concerned that this prohibition would extend to Driscoll Ranch. She expressed concern regarding regional trails. Staff answered questions posed by the public. 1. Grazing consultant — D. Woods described the process that would be used when hiring the consultant. 2. Shooting on District land — D. Sanguinetti said staff is aware of some poaching on District land. They work very hard to follow up on reports and also work closely with other agencies. Possession of weapons is illegal on District land, and they enforce it vigorously. He added that it is rarely reported that they have caught a poacher, because they seldom do catch one. M. Williams said that the leases and agreements all included District regulations. He said they understand that private residents may own guns but they cannot be discharged on District land. S. Schectman said the residential rental agreement, which is a public document as are the others, provides that residents have to obey all District rules. District ordinances do not address the otherwise lawful possession of a weapon in one's own home. 3. $50,000 contribution for fire truck — C. Britton said that the truck would cost about $300,000. The $50,000 goes to County Fire, and it is their decision where the truck will be housed. 4. Value of the land — C. Britton explained that the $25 million was for the 3,861 acres the District is acquiring and does not include the land Meeting 06-02 Page 4 that will be deeded back to Rudy Driscoll which was never purchased from him but was transferred to POST. POST paid $21 million for the exact acreage the District is proposing to purchase. The appraiser was aware of the Williamson Act contract on the former Wool property, but the development density is not restricted under either the grant or Williamson Act, so that density could be put anywhere on the ranch. The density is valuable, even though it may not be built on the former Wool property itself. The agreements are available to the public. 5. Section 5 of the Resolution — C. Britton said this has to do with the District's borrowing power and the fact that when they borrow money they have to use it to acquire land. It is based on a legal opinion that the value of the land is the basis upon which they can draw on borrowed money. It takes away the restriction for arbitrage rules of the federal government and has nothing to do with the actual expenditure of the money except that it is now free of the conditions of the original borrowing under arbitrage provisions. Therefore the price is $9 million, and the $25 million mentioned in the Resolution is basically a financial requirement of the District's bonding. 6. Grazing as it affects property adjoining the leases —D. Woods said the grazing areas are fixed at the moment. There are provisions for Mr. Driscoll to work with the District to be able to change some of the boundaries. It would be a process of negotiation if there needed to be changes. Mr. Driscoll would be participating along with everyone else in the process of developing a Master Plan. The District cannot unreasonably interfere with the grazing operation. 7. Trails — C. Britton said trails were not being considered at this time and it would be part of the Master Plan process. He encouraged Ms. Ciesla to involve herself or other representatives of the mountain biking community in the Master Plan process. M. Davey said this was a really important and banner evening for the District and POST. She said the Board cares very much about protecting land and letting the public use it in ways that are not harmful to the land. Regarding the question of dedication of land beyond the statement in the staff recommendations, S. Schectman said dedication is the legal status of the land under the District's enabling legislation. It means that it is officially designated as owned by the District held in trust for the public under the Public Resources Code. There is nothing in that legal status that precludes the promotion and preservation of agriculture. It has to do with the legal status of the land and the prohibition of future sale and conveyance away of the land to lose those protections. Meeting 06-02 Page 5 Motion: M. Davey moved that the Board approve the proposed Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act (CEQA) as set out in the staff report, and adopt the findings set out in Resolution No. 06-02, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Adopting the Mitigated Negative Declaration, the Mitigation Monitoring Program, and the Findings in Connection with the Proposed Purchase of the Peninsula Open Space Trust (Driscoll Ranch) Property as an Addition to La Honda Creek Open Space Preserve. D. Little seconded the motion. The motion passed 7 to 0. Motion: M. Davey moved that the Board authorize the General Manager to execute the Residential Lease Agreement with Driscoll Ranches, LLC, authorize the General Manager and General Counsel to approve amendments to the Agreement that do not significantly change its terms and conditions, and authorize the General Manager to approve subleases thereunder as set out in Resolution No. 06-03, Resolution of the Board of Directors of Midpeninsula Regional Open Space District Authorizing Execution of Purchase Agreement and Related Documents; Authorizing General Manager to Execute Springwater Easement Agreement, Residential Lease Agreement, and Assignment of Leases and Security Deposits; Authorizing General Manager or Appropriate Officer to Execute Certificates of Acceptance of Grants to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (La Honda Creek Open Space Preserve — Driscoll Ranch Property — Lands of Peninsula Open Space Trust); authorize the General Manager to execute the Springwater Easement Agreement with Driscoll Ranches, LLC, and authorize the General Manager and General Counsel to approve amendments to the Agreement that do not significantly change its terms and conditions; authorize the General Manager to sign the Assignment Of Leases and Security Deposits for the Lease Agreement ("Grazing Lease") with Driscoll Ranches, LLC from Peninsula Open Space Trust; adopt the Preliminary Use and Management Plan recommendations contained in the staff report and name the property as an addition to La Honda Creek Open Space Preserve; authorize staff to solicit requests for qualifications to contract with a consultant or organization with agricultural management expertise to assist District in managing lands in agricultural Meeting 06-02 Page 6 use; and indicate their intention to dedicate the property as public open space. N. Hanko seconded the motion. Discussion: P. Siemens thanked POST for the gift and their preliminary work. He said he was looking forward to getting public access in the future. L. Hassett thanked POST for the opportunity to purchase this significant piece of property. He said the recommendations and staff report were thorough and well done. D. Little said he was delighted with this opportunity, and he also thanked POST. He said he had gone on the land tour and talked about his observations. He described the grazing lease as a real opportunity. He commented on the presence of petroleum, adding that tar pits and natural seeps could be valuable paleethnological. sites. He said the opportunity to use bio-remediation is significant. N. Hanko thanked POST staff and District staff for their work and devotion. She said this is a new day in helping protect the interests of the coast. J. Cyr added his thanks and thanked the audience for their participation. Vote The motion passed 7 to 0. V. ADJOURNMENT At 8:55 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Meeting 06-02 Page 7