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HomeMy Public PortalAbout20060712 - Minutes - Board of Directors (BOD) i Meeting 06-17 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS July 12, 2006 MINUTES SPECIAL MEETING Resource Management Study Session: Discussion of District's Resource Management Direction i and Strategies for Further Development of the Program I. ROLL CALL President Jed Cyr called the Special Meeting to order at 6:33 p.m. Members Present: Jed Cyr, Ken Nitz, Nonette Hanko, Deane Little, Mary Davey, Pete Siemens, and Larry Hassett Members Absent: None Staff Present: Craig Britton, Sally Thielfoldt, Sue Schectman, M. Newburn, C. Roessler, M. Jespersen, R. Jurgenson, M. Freeman, M. Williams, K. Lennington, M. Manning, D. Simmons i Il. ADOPTION OF AGENDA P. Siemens moved adoption of the agenda for the Special Meeting to discuss the District's Resource Management direction and strategies for further development of the program. M. Davey seconded the motion. The motion passed 7 to 0. III. STUDY SESSION C. Britton gave an overview covering the agenda discussion items and then turned the study session over to Kirk Lennington and Cindy Roessler. They discussed the following agenda items: (1) Review of Monthly Summary Report on Resource Management Planning and Operations Department Projects; (2) Review of Integrated Operations and Planning Resource Management Action Plan for 2006-2007; (3) Introduction of report from Environmental Science Associates (ESA): Natural Land Resource Management Program Evaluation and summary of other land management agency programs; (4) Review common themes and ideas resulting from March 3, 2006 workshop and ESA report; and(5) Handing out Resource Management Policy time frame. Meeting 06-17 Page I (1) K. Lennington and C. Roessler gave information to the Board regarding the information they handed out for review and they answered questions from the Board members. (2) C. Britton gave an overview of how staff developed the information organization. K. Lennington reviewed the Action Plan table stating that this tool will help with the collaboration between the Operations and Planning departments. (3) M. Jespersen was acknowledged for the work that she had done working with the consultants on the ESA Report. C. Britton asked the Board to review the report and to give M. Jespersen their comments or edits to incorporate. (4) C. Britton reviewed the chart an d how it could be used in relation to the ESA '' report and monthly memos. (5) K. Lennington handed out a schedule and the Board reviewed it and asked clarifying questions. The members of the Board of Directors acknowledged the work staff did in their preparation and presentation of the agenda items. The Special Meeting of the Board of Directors adjourned at 7:30pm. J. Cyr called for a 5-minute break before the start of the Regular Meeting. REGULAR MEETING IV. J. Cyr called the Regular Meeting to order at 7:35p.m. Additional Staff Present: J. Dickey, J. Roddenberry V. PLEDGE OF ALLEGIANCE Scout Troup 888 from Los Altos, CA, led by J. Chin and A. Chun led the Pledge of Allegiance. VI. ORAL COMMUNICATIONS There were none. VII. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the Agenda for the Regular Meeting. M. Davey seconded the motion. The motion passed 7 to 0. Meeting 06-17 Page 2 AIL VIII. ADOPTION OF CONSENT CALENDAR N. Hanko asked to abstain from Revised Claim numbers 5147, 5180, 5195, and 5196. Motion: M. Davey moved that the Board adopt the Consent Calendar, including Written Communications (2 letters); Agenda Item 8 Adopt the Preliminary Use and Management Plan Recommendations for the Grinsfelder, et al. Property as an Addition to Purisima Creek Redwoods Open Space Preserve(San Mateo County Assessor's Parcel Number 067- 118-080), Confirm that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEOA) As Set Out in the Memorandum, Adopt the Preliminary Use and Management Plan Recommendations as Set Forth in the Closing Memorandum attached to the Report and Name the Property as an Addition to Purisima Creek Redwoods Open Space Preserve, and Indicate the Board's Intention to Dedicate the Property as Public Open Space, and Revised Claims 06-13. P. Siemens seconded the motion. The motion passed 7 to 0. IX. BOARD BUSINESS A. Agenda Item No. 1 —Proposed Exchange of Real Property at Rancho San Antonio Open Space Preserve for Additions of Hanson Permanente Cement Property to Rancho San Antonio and Monte Bello Open Space Preserves (Santa Clara County Assessor's Parcel Numbers 351-09-003, 351-09-011, 351-09-012, 351-09-017, and 351-12-001), Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) As Set Out in the Report; Adopt the Attached Resolution Authorizing the President of the Board to Execute an Agreement to Exchange Interests in Real property with Hanson Permanente Cement Property, Santa Clara County Assessor's Parcel Number 351-09-017, In Exchange for Acceptance of Portions of Santa Clara County Assessor's Parcel Numbers 351-09-003, 351-09-011, 351-09-012, and 351-12-001 for Land Adjacent to Rancho San Antonio and Monte Bello Open Space Preserves; Adopt the Preliminary Use and Management Plan Contained in this Report, Including Naming the Properties as Additions to Rancho San Antonio and Monte Bello Open Space Preserves; Indicate Your Intention to Dedicate the Properties, Conservation Easement and Trail Easement as Public Open Space at This Time- (Report R-06-84). C. Britton gave some history about the property and area to be discussed, stating that earnest negotiations began in 2002. He then turned the staff presentation over to D. Woods. D. Woods presented a PowerPoint slide show starting with the components of the project and reviewing a map of the areas involved— specifically what areas would be exchanges, and the conservation and trail easements. He stated that as part of the exchange, there would be a $2 million financial guarantee from Hanson. The financial guarantee would be in place after Meeting 06-17 Page 3 the stabilization plan was in place and would guarantee financial restitution to the District if any land movement occurred after the stabilization work was completed. C. Britton said that balloon analysis helped determine the"Area A" and "Area B" lines. D. Woods said that no trees would be removed from the area(s). D. Woods reviewed the property the District would receive, showing the 61-acre parcel and the 46-acre parcel, outlining the PG&E roads, which follow the PG&E, towers on the land. C. Britton said that PG&E will retain a right to use the road, but the District will own the road and it will complete the trail connections at the Preserve. D. Woods pointed out that this property was an important link to the regional trail system. This project will give the District control of Montebello Road. He reiterated that PG&E would retain a right to use the road to maintain their equipment and towers. M. Williams reviewed the terms of the exchange agreement adding that approval of this item requires a unanimous vote by the Board of Directors. J. Cyr asked what might trigger cancellation of the financial guarantee. D. Woods responded that it would be the District's receipt of a satisfactory ridgeline easement. There is a County ridgeline easement, but it does not include the ridgeline the District owns. J. Cyr asked other clarifying questions which were answered by S. Schectman. K. Nitz asked how far apart the monuments would be. D. Woods said that it was up to the District to decide the distance between monuments. K. Nitz asked what the monuments looked like and D. Woods said they would be 2-inch pipes. K. Nitz asked how many monuments needed to move and how far the movement needed to be. D. Woods answered that only one monument needs to move and that the minimum movement is 10 feet. C. Britton added that the movement could be in any direction toward the quarry(including movement caused by an earthquake). District staff will monitor the monuments 4 times per year or with 24-hour notice to the Quarry if the District feels they need to view an area. D. Woods gave clarifying answers on how the monument movement and possible failure might occur adding that the District would use the help of a geo-technical consultant. N. Hanko asked S. Schectman about language in the staff report and S. Schectman said the language she was looking for was only in the attached Resolution. Meeting 06-17 Page 4 D. Little asked if the $2 million guarantee was the upper limit. D. Woods said it was if the slope failure goes past the B-line, the $2 million is the top limit; however, once that limit is reached the Conservation Easement would enable the District to get relief from the Quarry. Motion: L. Hassett moved that the Board adopt the proposed exchange of real property at Rancho San Antonio Open Space Preserve for additions Of Hanson Permanente Cement property to Rancho San Antonio and Monte Bello Open Space Preserves (Santa Clara County Assessor's parcel numbers 351-09-003, 351-09-011, 35 1- 09-012, 351-09-017, and 351-12-001); Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in the report; Adopt the Resolution No. 06-23 authorizing the President of the Board to execute an agreement to exchange interests in real property with Hanson Permanente Cement property, Santa Clara County Assessor's parcel number 351-09-017, in exchange for acceptance of portions of Santa Clara County Assessor's parcel numbers 3 5 1- 09-003, 351-09-011, 351-09-012, and 351-12-001 for land adjacent to Rancho San Antonio and Monte Bello Open Space Preserves; adopt the Preliminary Use And Management Plan contained in this report, including naming the properties as additions to Rancho San Antonio and Monte Bello Open Space Preserves; indicate your intention to dedicate the properties, conservation easement and trail easement as public open space at this time. P. Siemens seconded the motion. Discussion: K. Nitz asked if the District sees changes in the monument movement staff should notify the Quarry. C. Britton said that District staff were required to notify the Quarry. S. Schectman added that the District could ask them to fix any damage that may have occurred. K. Nitz asked how far in the ground the monuments would be sunk and M. Williams replied they would be 4-feet deep. J. Cyr stated that this was a very complex project and he thanked all who were involved, adding that it was a win for everyone Vote: There was a roll-call vote. The motion passed 7 to 0. B. Agenda Item No. 2—Placement of the Lois Crozier-Hogle memorial Bench in the District's Rancho San Antonio Open Space Preserve•, Determine that the Proposed Project is Categorically Exempt from the California Environmental Meeting 06-17 Page 5 Quality Act(CEQA) Based,on the Findings of this Rgport•, Permit Installation of the Lois Crozier-Hogle Memorial Bench- (Report R-06-82) N. Hanko reviewed the Legislative, Funding and Public Affairs Committee's report. She said there were several meetings discussing the best site for the Lois Crozier-Hogle memorial bench, deciding that the best place was a highly used trail with a high point and good visibility. She gave background information as to why Crozier-Hogle deserved a memorial bench, the main reason being that she was a founder of the Committee for Green Foothills (CGF). C. Britton introduced Holly Van Houten, the new Executive Director, who was sitting in the audience and he said that CGF would provide the overall cost of the bench and pay for its installation. H. Van Houten thanked the Board and she handed out the current issue of CGF's newsletter, which included an article about Louis Crozier-Hogle. She added that she appreciated the Board honoring Crozier-Hogle. Motion: K. Nitz moved that the Board determine that the proposed project is categorically exempt from the California Environmental Quality Act(CEQA)based on the findings in the report; and permit installation of the Lois Crozier-Hogle Memorial Bench. L. Hassett seconded the motion. The motion passed 7 to 0. C. Britton suggested moving Agenda Item 4 up, as there were members in the audience attending for that purpose. Motion: N. Hanko moved that the Board change the order of the Agenda to hear Agenda Item 4 out or order. P. Siemens seconded the motion. The motion passed 7 to 0. C. Agenda Item 4—Tentative Adoption of an Amendment to the Use and Management Plan for Los Trancos Open Space Preserve to Formalize an Existing Trail Connection with Palo Alto's Foothills Park and to Realign a Section of Page Mill Trail; Determine that the Proposed Project is Categorically Exempt from the California Environmental Quality Act (CEQA) Based on the Findings of This Report•, Amend the Use and Management Plan for Los Trancos Open Space Preserve to Designate the Existing Trail Connection Between the Preserve and Palo Alto's Foothills Park as a Hiking Only Trail, Amend the Use and Management Plan for Los Trancos Open Space Preserve to Realign the Upper Section of Page Mill Trail to Accommodate Drainage and Recreation Use Improvements and to Change the Use Designation of a Portion of the Trail to Hiking Only—(Report R-06-85) Page 6 Meeting 06-17 C. Britton introduced the staff report. M. Freeman said that this was a small project,but an important trail connection. He also acknowledged G. Betz who was sitting in the audience. J. Roddenberry reviewed the staff report by showing a PowerPoint slide presentation. He gave the regional context of the project. This would be the first connection with Palo Alto's Foothills Park allowed by a change in the policy at Foothill's Park to allow non-Palo Alto residence entrance to the park. The trail connects Los Trancos Open Space Preserve to Foothills Park, providing a connection to the Bay Area Ridge Trail. Staff worked with Palo Alto Open Space to make sure that the trail connection worked for them as well. The trail connection will be a hiking-only trail to stay consistent with Foothills Park trail use. J. Roddenberry showed photos of the trail and property area of the project. G. Betts addressed the Board, stating that the City of Palo Alto's Council voted unanimously for this trail proposal. He applauded staff on the proposed trail alignment. L. Hassett asked clarifying questions regarding non-Palo Alto residents entering Foothills Park. G. Betts said that Palo Alto staff would carefully monitor the use of the new trail alignment. L. Hassett had concern that the equestrian trail led up to the new trail; however there was not a loop trail for the equestrians,just a dead-end. J. Roddenberry said the trail did dead-end; however staff felt there was not much equestrian usage and that there is an exit through a neighboring property. Motion: P. Siemens moved the tentative adoption of an Amendment to the Use and Management Plan for Los Trancos Open Space preserve to formalize an existing trail connection with Palo Alto's Foothills Park and to realign a section of Page Mill Trail; Determine that the proposed project is categorically exempt from the California Environmental Quality Act(CEQA)based on the findings of this report; Amend the Use and Management Plan for Los Trancos Open Space Preserve to designate the existing trail connection between the Preserve and Palo Alto's Foothills Park as a hiking only trail; Amend the Use and Management Plan for Los Trancos Open Space Preserve to realign the upper section of Page Mill Trail to accommodate drainage and recreation use improvements and to change the use designation of a portion of the trail to hiking only. M. Davey seconded the motion. Discussion: P. Siemens said he appreciated staff s work on developing the trail alignment. Meeting 06-17 Page 7 i K. Nitz asked if either the District or Foothills Park were giving up anything and M. Freeman said neither was and that this was a win- win project. C. Britton reminded the Board that this was a tentative adoption and that the final adoption will be back before the Board in a month. K. Nitz asked how far the trail would be from the neighbors. J. Roddenberry replied that the trail was out of visual sight from the homes. J. Cyr thanked District Staff and the City of Palo Alto on working through the issues to come up with the proposed trail. Vote: The motion passed 7 to 0. D. Agenda Item 3 —Reject All Bids Received for the Foundation and Bridge Construction for Four Pedestrian/Equestrian Bridges Project at El Corte de Madera Creek Upen Space Preserve, Consider and Reject the Bid Protest by Watershed Science—(Report R-06-89) M. Manning presented the staff report. She explained that there was a bid protest and she reviewed the reasons for the protest. She said that staff will re-solicit bids in the winter for the entire project and will fix the omission left out of the original bid package, and will include alternative additions. N. Hanko said that she thought this was a good opportunity to start the project fresh. K. Nitz asked what Jakaby's intent was and M. Manning said that Jakaby was an engineer and that it was not the intent to limit to one manufacturer. D. Simmons clarified the legal view of the language omitted. K. Nitz wanted to know if the permitting process had already begun. M. Manning said that they have been awarded the Resource Agency permits and that it is staff s hope that the agency will extend the permits to next season. P. Siemens asked if San Mateo County Planning was holding up permits for the project. M. Manning replied that due to staffing changes, they are looking to streamline the permit process between agencies. K. Nitz asked if the bid opening process was standard and S. Schectman said that it is routine. K. Nitz also asked if the bidders were required to have a bid bond and D. Simmons answered that the losing bidders did need to have a bid bond; he Meeting 06-17 Page 8 didn't know the exact amount of its cost, but said it was a percentage of the bid amount. K. Nitz asked when the project was being re-schedule to begin, and M. Manning P J said they were aiming for an April 15, 2007 start date. Motion: M. Davey moved that the Board reject all bids received for the foundation and bridge construction for four pedestrian/equestrian bridges project at El Corte de Madera Creek Open Space Preserve; and to consider and reject the bid protest by Watershed Science. P. Siemens seconded the motion. i Discussion: P. Siemens said that he felt there were adequate reasons to reject all bids. I L. Hassett said he was troubled with not awarding Donald Hayes the contract. He was concerned that there might be expense to any contractor who bid and he worried about the impact of rejected bids for the next round of bidding. D. Little concurred with L. Hassett's points. C. Britton replied that staff looked very closely at all of the issues involved with rejecting the bids and startingover and he felt that J g staff had done their due diligence before presenting their recommendations to the Board on this matter. D. Little asked if Mr. Zembsch's letter had valid points. S. Schectman said she did not feel it raised valid issues and that there were more issues involved. J. Cyr was concerned that the timing for this project is late into the season and he was bothered that there were no permits in place yet. C. Britton said that there had been difficulty in obtaining San Mateo County P un permits. M. Freeman gave more background on the w with an Mateo Count y Planning. He permit process and working t S y g. said that staff is working toward bundling more projects under one permit. C. Britton said that staff has met with the San Mateo County Planning Director and they are working on getting a staff liaison or dedicated person for District projects. L. Hassett suggested providing a field trip to show projects to the Planning Director. K. Nitz asked if any laws had changed resulting in the slowing down of the County permit process and was told there have been none. Meeting 06-17 Page 9 M. Freeman acknowledged M. Manning's work stating that she has worked hard on this project. Vote: There were 6 votes in favor and I no vote by L. Hassett. The motion passed 6 to 1. E. Agenda Item 5—Adoption of an Amendment to the use and Management Plan for Sierra Azul Open Space Preserve and Authorization to Solicit Bids for Removal of Structures from the Former North Residence in Mt. Umunhum Area. of the Sierra Azul Open Space Preserve•,Determine that the Recommended Actions are Cate porically Exempt from the California Environmental Quality Act (CEQA) As Set Out in This Report, Adopt an Amendment to the Use and Management Plan for Sierra Azul Open Space Preserve to Remove Structures From the Former North Property, Authorize Staff to Solicit Bids to Remove Structures From the Former North Property in Sierra Azul Open Space Preserve and Restore the Site to a Natural Condition—(Report R-06-88) Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report; Adopt an amendment to the Use and Management Plan for Sierra Azul Open Space Preserve to remove structures from the former North Property; Authorize staff to solicit bids to remove structures from the former North Property in Sierra Azul Open Space Preserve and restore the site to a natural condition. M. Davey seconded the motion. Discussion: J. Cyr asked that some typing mistakes be fixed, including page 7, first paragraph of the Consultants Report, adding a"y" so the phrase read"...see if they..."; and page 11, fourth paragraph, adding an "I" to the word"unusual"to read"...somewhat unusual...". Vote: The motion passed 7 to 0. F. Agenda Item 6—Approval of Grant Agreement with the California State Coastal Conservancy's San Francisco Bay Area Conservancy Grant Program for Assistance with the Potential Addition of the Peninsula Open Space Trust's Stevens Canyon Ranch Property to Saratoga Gap Qpen Space Preserve (Santa Clara County_Assessor's Parcel Numbers 503-04-001, 503-05-016, 503-05-03-9 and 503-06-024), Determine that the Recommended Action in This Report is Not Considered a Project Under the California Environmental Quality Act(CEQA),-- Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Agreement for Grant Funds from the San Francisco BE Conservancy Program of the California State Coastal Meeting 06-17 Page 10 Conservancy for the Potential Addition of Peninsula Open Space Trust's Stevens Canyon Ranch Property to Saratoga Gap Open Space Preserve—(Report R-06-87) M. Williams gave a short review of the staff report. K. Nitz asked when the grant and purchase would occur. M. Williams replied that POST is working on finalizing it. Motion: K. Nitz moved approval of Grant Agreement with the California State Coastal Conservancy's San Francisco Bay Area Conservancy Grant Program for assistance with the potential addition of the Peninsula Open Space Trust's Stevens Canyon Ranch Property to Saratoga Gap Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 503-04-001, 503-05-016, 503-05-039, and 503-06-024); Determine that the recommended action in this report is not considered a project under the California Environmental Quality Act(CEQA); Adopt Resolution No. 06-24 of the Board of Directors of the Midpeninsula Regional Open Space District approving the Agreement for Grant Funds from the San Francisco Bay Conservancy Program of the California State Coastal Conservancy for the potential addition of Peninsula Open Space Trust's Stevens Canyon Ranch Property to Saratoga Gap Open Space Preserve. M. Davey seconded the motion. The motion passed 7 to 0. G. Agenda Item 7—Payment of the General Liability and Worker's Compensation Insurance Amounts to California Joint Powers Insurance Authority(JPIA) for the 2006-2007 Policy Year,• Authorize Payment in the Amount of$294,658 for the JPIA General Liability and Workers Compensation Insurance Deposits for the Policy Year 2006-2007-, A I from the New Land Appropriate and Authorize$65 967 fo Purchases Account for Payment of the Above Identified Insurance Deposits— (Report R-06-77) Motion: N. Hanko moved that the Board authorize payment in the amount of$294,658 for the Joint Powers Insurance Authority(JPIA) General Liability and Workers Compensation Insurance deposits for the policy year 2006-2007; Appropriate and authorize $65,967 from the New Land Purchases Account for payment of the above identified insurance deposits. M. Davey seconded the motion. Discussion: D. Little asked what the initial amounts were that the District began paying to JPIA. S. Thielfoldt said that she would get those numbers for him, and added that the District was still receiving significant savings in this competitive market. Vote: The motion passed 7 to 0. Meeting 06-17 Page I I r X. INFORMATION REPORTS /COMPENSABLE MEETING REPORTS P. Siemens attended the June 29 Sierra Azul Ad Hoc Committee meeting and heard staff comments on Sierra Azul and Bear Creek Redwoods Open Space Preserves. He also attended this Board meeting. L. Hassett's only compensable meeting is this evening's Board meeting. He attended a nice at Bill Cook's annual 4th of July party. get-together D. Little's only compensable meeting is this evening's Board meeting. He went to Yosemite and hiked trails in both good and poor condition. He is looking forward to working with field staff to pull thistle on July 13 at La Honda Creek Open Space Preserve. He showed a flyer asking for boycotting of Henry Coe Park due to the killing of wild pigs and he asked C. Britton to look into this. N. Hanko's only compensable meeting is this evening's Board meeting. She was on vacation in Idaho and she showed pictures of Red Fish Lake and Lodge. Her pictures included several showing the many dead trees due to bark beetles. She wanted District lands to be watched for any signs of infestation. K. Nitz attended the June 29 Sierra Azul Ad Hoc meeting and this Board meeting. He mentioned a new parasitic plant—the Japanese Daughter—an orange colored plant. He thought the article on the weevils was good press for the District. M. Davey's only compensable meeting is this evening's Board meeting. She was on vacation in Colorado and saw much beetle damage there. J. Cyr attended the June 29 Sierra Azul Ad Hoc Committee meeting and enjoyed the tour of Bear Creek Redwoods Open Space Preserve. He also attended this evening's Board meeting. He received a brochure from the West Bay Sanitation District and gave it to C. Britton. C. Britton said he and M. Williams met with the chair of the Woodside Open Space group and said he thought she would be a good friend of the District's. She lives near Thornewood and is an equestrian. He suggested that she participate in the Blue Ribbon group to establish Alpine Road as a bicycle trail. He met with Lisa Killough on several gr p p Y issues. He met with staff of Hidden Villa to see how to help them out of their financial trouble,while at the same time preserving additional open space. S. Schectman reported on some current litigation, including. (1) Coast litigation—she received copies of the petitioners' brief and said that the District needed to file its reply brief by July 31; (2) Fogarty—she expected depositions next week. On a separate matter, S. Schectman asked the Board whether receiving legal communications via email was working for them. Meeting 06-17 page 12 I S. Thielfoldt said that the Interim Senior Administrative Assistant/Office Manager is Melanie Demers and that staff would be reviewing the incoming applications for this i position on Friday. R. Jurgenson told the Board that the newspapers love reporting on the weevils and that Channel 2 would be covering the story also. Xl. ADJORNMENT The Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space District adjourned at 10:1Opm. Lisa Zadek Recording Secretary I i I Meeting 06-17 Page 13