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HomeMy Public PortalAbout20090812 - Minutes - Board of Directors (BOD) Midpeninsula Regional ' Open Space District r Meeting 09-23 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUGUST 12,2009 MINUTES SPECIAL MEETING I I. ROLL CALL President Nonette Hanko called the Special Meeting to order at 6:35 p.m., and asked for the Roll Call Members Present: Pete Siemens (arrived 6:45pm), Nonette Hanko, Mary Davey, Larry Hassett, Curt Riffle and Cecily Harris (arrived 6:40pm) Members Absent: Jed Cyr Staff Present: S. Abbors, D. Simmons, D. Sanguinetti, K. Lenington, A. Ruiz, S. Schectman, A. Duong, M. Williams, R. Jurgensen, E. Cuzick, S. Sommer, K. Lenington, T. Hugg, L. Maze, N. Perez, B. Hseih, J. Chung, B. Malone, C. Koopmann II. ORAL COMMUNICATIONS Jim Sullivan, Pacifica, gave a compliment to staff for the trail at El Corte de Madera Open Space Preserve. He commented that he was disappointed that the bicycle community was not organized to help out in the search for the missing or lost individual. He said that an ordinance should be expanded to include all users. III. ADOPTION OF AGENDA Motion: Director Hassett moved adoption of the Agenda. Director Riffle seconded the motion. The motion passed 5 to 0 (Director Siemens was not present to vote on motion.) IV. ADOPTION OF CONSENT CALENDAR Meeting 09-23 Page 2 Agenda Item 1. Approve Minutes of July 8, 2009 Special Meeting—There were no comments or changes. Director Riffle said he would abstain from voting on these Minutes, as he was not present at the meeting. Agenda Item 2. Approve Revised Claims Report. - There were no comments or changes. Agenda Item 3. Approve Written Communications. There were none. Agenda Item 4. Proposed Addition of Santa Clara County Tax-Defaulted Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve(Santa Clara County Assessor's Parcel Number 562-09-018). —President Hanko asked for an explanation about dedicating the property. M. Williams said that dedication was recommended pursuant to the Sierra Azul and Bear Creek Master Plans. He said this property is surrounded on three sides by District property. He added that the property would not be dedicated until the Board adopts the final Master Plan. Motion: Director Hassett moved adoption of the Consent Calendar to approve the Revised Claims 09-14; Approval of the July 8, 2009 Special Meeting Board Minutes, and Approval of the Proposed Addition of Santa Clara County Tax- Defaulted Property to the Cathedral Oaks Area of Sierra Azul Open Space Preserve(Santa Clara County Assessor's Parcel Number 562-09-018)-, and Determination that the Recommended Action is Categorically Exempt from the California Environmental Quality Act; Adopt Resolution No. 09-xx Electing to Purchase the Above Described Tax-Defaulted Parcel; and Indicate Intention to Dedicate the Property as Public Open Space after Approval of the Sierra Azul Open Space Preserve Master Plan. Director Riffle seconded the motion. The motion passed 6 to 0, except for the July 8, 2009 Special Meeting Board Minutes which passed with a vote of 5 to 0 with Director Riffle abstaining from the vote. V. BOARD BUSINESS A. Agenda Item 5—Approve the Purchase of the University of California Regents Elkus Ranch Uplands Property Located in Unincorporated San Mateo County(450-acre portion of San Mateo County Assessor's Parcel Number 066-200-070) as an Addition to Purisima Creek Redwoods Open Space Preserve; Adopt the Preliminary Use and Management Plan-, and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act—(Report R-09-91) S. Abbors introduced guests in the audience, including Marilyn Johns, Leslie Jensen, Roger Hoppes, Carol Vatini and Joyce James. S. Sommer presented the staff report with a PowerPoint presentation. She reviewed the purpose of purchasing this property and showed how the property fit in to the eventual Purisima to the Sea project. She explained how the proposed purchase between the UC Regents and the District occurred. S. Sommer showed slides of the area and pictures of the land with various views. She reviewed the grazing operation and gave information on the habitat found on the property, including steelhead trout, mountain lions and red legged frogs. Meeting 09-23 Page 3 M. Williams reviewed the Terms and Conditions of the purchase and the provision that I allowed the UC Regents to sell their surplus property to the District. He said that the property will be dedicated in perpetuity per the purchase agreement. The UC has reserved a trail easement called the"Deans Trail"on to the property. The District will maintain and repair the water structures on the property and the UC will retain water rights. The District will have an access easement and will share in the maintenance of the road based on its proportional use. Board Questions: President Hanko referred to the Dean Trail easement and asked if there were any provisions for building anything on the trail. M. Williams said that it is a walking trail only and that no plaques would be on the trail. Director Hassett referred to Vince Fontana's cattle lease with UC and asked how that works in terms of the District's interest. M. Williams explained the lease provisions. Director Hassett asked who is responsible for the repair the two down-stream blockages. S. Sommer said that both Caltrans and San Mateo County are responsible and that the District can influence that the work should be done. Director Hassett asked about the grant funds for the Lobitos property and S. Sommer said that the District will receive $500,000 in grant funds. Director Hassett asked if District staff would be able to do the road repair work under the$30,000440,000 estimated cost. If staff needed to contract out the work, he said he would prefer a coast side vendor be chosen to do the repair work. S. Sommer said that staff is capable of doing the work. Director Riffle asked if the invasive plants on this property were as bad as at Mindego. S. Sommer said that there was moderate invasives and that this property is not as overgrown with thistle due to the grazing. Director Riffle asked if the District had water rights to Lobitos Creek or if the District owned the creek. S. Sommer said that the District has water rights and owns to the center of the creek, or the northern bank. Director Riffle said he would like the District to own as much of the creek as possible. Director Harris referred to the seasonal grazing and asked if the District will require fencing between the two properties. S. Sommer said that the tenant uses the front area as a holding pen then moves the cattle to the corral and so it was not deemed necessary to have fencing in that area. Director Harris asked for clarification about the use of the Dean Trail. M. Williams explained the access and use of this trail. Public Comment: Mark Landgraf, Peninsula Open Space Trust, said he and POST were in strong support of this purchase and he gave compliments to M. Williams and District staff. Kerry Burke, Half Moon Bay, asked if the property was within the Williamson Act(M. Williams said it was not) and asked if the District's water rights for Lobitos Creek were surface or ground. (M. Williams said that they had riparian rights.) Ms. Burke asked if the District was going to fence in the water. (M. Williams said that they were working I Meeting 09-23 Page 4 with the grazing tenant on this.) Ms. Burke said that she attended the agriculture meeting and that the current use of the land is for agriculture. She suggested that in the future the District ask for an appropriate land use designation, such as "open space" and said that would be more appropriate. She said that the property came with density credits for development potential,but acknowledged that the threat for development is low because the ridgelines are protected and subdivisions are difficult to develop in this area. President Hanko told the audience that staff and/or the Board would answer all of their questions when the public comment session had concluded. Jack Olsen, San Mateo County Farm Bureau Executive Director, gave some suggestions for the property, including that the tenant have a longer-term lease agreement instead of a month-to-month agreement. He said that he wanted to ensure that agriculture designation be maintained for the property. Bern Smith, BayArea Ridge Trail, agreed that the grazing designation be maintained. g �' bn' � He concurred that there should be a longer-term agreement with the grazing tenant. He was in favor of establishing a ridge to the sea trail and has been waiting for that connection to happen. He asked when the interim plan regarding public access to the property will occur. Purisima anon Pro ert Owners Association said he was in support of the Pete Kell C Pp YY Property acquisition. He said that as a neighbor, the District needs to focus on long-term planning in the area and said that he and his neighbors have concerns about security and parking and asked that the Board not put off the security issues. John Tedesco, Purisima Road, said he was a neighbor to the preserve and had concerns asked when the access to the road would occur and where the parking about traffic. He as d e e p g for the Purisima to the Sea trail would be. He said he had a concern about the impact on the easement road and asked what the anticipated additional traffic on the easement road would be. The public comment session ended. M. Williams replied to the public questions and gave explanations regarding the grazing lease, the development rights, public access and easement access by District staff. D. Sanguinetti said that no public access would be allowed; only patrol and maintenance trucks would use the easement road on a bi-monthly or monthly basis. Director Siemens asked about the grazing agreement and access for the cattle on to the property. M. Williams explained the access sites. Director Siemens addressed the public's concerns about a long-term lease with the grazing tenant and said that grazing has become a management plan for grasslands on District property. He said that a long- term lease does not depend on longer-range use and management plans. He said that parking and trail access are part of longer term planning. Meeting 09-23 Page 5 Director Riffle thanked staff for their good work. He said he was excited about the progress for the Purisima to the Sea project as well as another grazing lease. He said he was also happy to see the environmental education tie-in. Motion: Director Hassett moved that the Board approve the purchase of the University of California Regents Elkus Ranch Uplands Property located in unincorporated San Mateo County(450-acre portion of San Mateo County Assessor's parcel Number 066-200-070) as an addition to Purisima Creek Redwoods Open Space Preserve; Adopt the Preliminary Use and Management Plan; and approve a categorical exemption in accordance with the California Environmental Quality Act. Director Davey seconded the motion. The motion passed 6 to 0. President Hanko recessed the meeting at 7:55pm. The meeting reconvened at 8:08pm. B. Agenda Item 6—Award a Contract to Stoloski and Gonzales, Inc. for Installation of a Well and Livestock Water Distribution System at Tunitas Creek Open Space Preserve and Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act—(Report R-09-77) C. Koopmann reviewed the staff report and recommended the contract for the installation of a well and livestock water distribution system be awarded to Stoloski and Gonzales, Inc., a company based in Half Moon Bay. He reviewed the bid process for the Board. Director Harris asked what the wildlife escape ramp looks like. C. Koopmann described the design and said that he had recently attended a workshop about escape ramps. Director Riffle asked about the three well locations and asked if one well site is found to be sufficient if the other two well sites would need to be accessed. C. Koopmann said that staff will accompany a"witcher"to look for places with the greatest potential for water and that it will be up to the District to choose and decide if one well is enough. Director Riffle asked if the water system would support the pastures. C. Koopmann said that it would. Director Riffle asked who was responsible for the maintenance and repair and how long the installation would take. C. Koopman said that the contractor is responsible for the first two years for any installation problems and that the District would be responsible thereafter. The well and water system will take about two weeks to install. Director Hassett said he was thrilled that a local company was awarded the contract. He asked how the bid process occurred and how many contractors originated from the coast area and how the list of contractors to contact was created. C. Koopman reviewed where each contractor was based and the process he went through to announce the project was out for bid. Motion: Director Davey moved approval to award a contract to Stoloski and Gonzales, Inc. for installation of a well and livestock water distribution system at Tunitas Creek Open Space Preserve and determine that the recommended action is Meeting 09-23 Page 6 categorically exempt from the California Environmental Quality Act. Director Siemens seconded the motion. The motion passed 6 to 0. C. Agenda Item 7—Authorization to Execute a New Communications Site Lease Agreement with C&C Equipment Company, Inc. (C&C), Including Addition of the National Park Service/Golden Gate National Recreation Area(NPS/GGNRA) Communication Tower at the C&C Communication Facility at Black Mountain, Ranch San Antonio Open Space Preserve, and Determination that the Recommended Action is Categorically Exempt from the California Environmental Quality Act—(Report R-09- 86) E. Cuzick introduced Bert Carlson of the GGNRA, who was present in the audience. She reviewed and described the project showing slides of the work site. She reviewed the proposed work schedule. She said that the preliminary documents were submitted to the City of Palo Alto and that they were given conditional approval for the project. She discussed how this project ties in with the District's radio system upgrade project and she reviewed the potential cost to the District. She said that staff was looking for federal stimulus funds to apply for to offset any cost to the District. She reviewed the terms and conditions of the new C&C lease and discussed the defensible space around the facilities required by law. She said that staff is waiting for a third bid to create the defensible space around the facilities and that the tenants would reimburse the District for the cost. Director Hassett complimented E. Cuzick on her professionalism and in keeping the Real Property Committee informed. He said that this project has become less damaging to the environment and that the District will benefit cost-wise. He said it is good to be working with the GGNRA and NPS. Director Davey agreed with Director Hassett's comments that the Real Property Committee was kept well informed and that she appreciated the work that has gone in to this project. Director Riffle commented that a Town of Los Altos tower reaching 160-feet is now an eyesore and he said he is sensitive to adding more towers at Black Mountain. He asked if locations 3 and 4 were considered. E. Cuzick said those sites were looked at, however, communication between towers at other mountain locations was not achievable. Mr. Carlson agreed with E. Cuzick's reply. Director Riffle asked other clarifying questions which staff answered. Director Hassett said he shared Director Riffle's concerns and that the committee's site visit addressed and answered most of their questions. He added that a long-term relationship with the GGNRA and NPS will be a benefit to the District especially in regards to stimulus funding. President Hanko said she was pleased to see that the City of Palo Alto recognized the District as the owner of the property. Motion: Director Davey moved approval to authorize the execution of a new Communications Site Lease Agreement with C&C Equipment Company, Inc. (C&C), including addition of the National Park Service/Golden Gate National Recreation Area (NPS/GGNRA) communication tower at the C&C communication facility at Black Meeting 09-23 Page 7 Mountain, Ranch San Antonio Open Space Preserve, and determination that the Recommended action is categorically exempt from the California Environmental Quality Act. Director Hassett seconded the motion. The motion passed 6 to 0. IX. APPOINTING SECRETARY PRO TEMPORE President Hanko announced that she appointed Director Siemens as Secretary pro tempore. X. ORAL COMMUNICATIONS A member of the public asked to speak about a memo in the FYI's. President Hanko asked counsel how this could be possible. S. Schectman stated that the FYI's are not an agenda item and she suggested that the Board open up Oral Communications at this time to allow a member of the public to respond to a memo in the FYI's. President Hanko asked for a motion to re-open the Oral Communications. Motion: Director Hassett moved to re-open the Oral Communications part of the agenda. Director Davey seconded the motion. The motion passed 6 to 0. David Abrevaya, Half Moon Bay, said he had received a memo from A. Ruiz regarding parking along Purisima Creek Road. He said that there is a fire code that prohibits parking on the road and said that A. Ruiz's memo did not address the fire code. He said that access to the preserve is overtaking the laws and rules on the road. President Hanko, suggested that the Board have a tour of the area. D. Sanguinetti said that the Planning Department is working with the County of San Mateo to expand the parking area. He said that today he met with the Battalion Chief from Cal Fire and that they walked the roadway and discussed the issues addressed by Mr. Abrevaya. He said cars have never blocked Cal Fire; however the street parking has created delays to their responses by one to two minutes. D. Sanguinetti said that Cal Fire has not requested making any changes to the road,but supported expanding the parking area at the preserve and adding additional "No Parking" signs along the road. President Hanko said that a plan should be brought to the Board and she wants the Board involved at looking at the site. D. Sanguinetti said that the road side parking was a San Mateo County decision and that the District can only make recommendations. A. Ruiz said that staff is looking at the feasibility of expanding the parking lot. Director Hassett said that if the parking problem is created by the preserve users, then the District needs to look at eliminating the issue of parking along the road. S. Abbors said that a field trip for the Board is essential. He gave further information about expanding the parking area at the preserve. Mr. Abrevaya asked D. Sanguinetti for copies of his notes from the meeting with Cal Fire. President Hanko closed the Oral Communications. Meeting 09-23 Page 8 XI. INFORMATIONAL REPORTS COMMITTEE REPORTS—There were none. STAFF REPORTS R. Jurgensen reported about the media articles on the District's transportation program for children to visit the Nature Center, and about the Argentine ants. He said there was an article about Mt. Umunhum and that a video was now linked to the District's website about this project. He said they had received two videos from Eagle Scouts and those will be uploaded to the web site. He gave an update on SB 211. A. Ruiz said that staff was working with Santa Clara County Vector Control at the Alma College and Mt. Umunhum sites. She said that staff from the Planning Department met with April Vargas, who is running for a seat on the San Mateo County Board of Supervisors. E. Cuzick reported on the Stevens Canyon property regarding the orchard management. She said that the management agreement was being transferred from POST to the District. She said that District staff met to prepare a way to manage the orchards and that the first harvest had occurred the past weekend. M. Williams complimented S. Sommers on the Elkus land acquisition project and said she did a fantastic job. B. Malone reported on enforcement activity. S. Abbors thanked R. Jurgensen for being the acting General Manager and said he enjoyed his vacation in the northwest. DIRECTOR REPORTS Director Davey said that tonight is her only compensable meeting. Director Hassett said that tonight was his only compensable meeting. He said he spoke at the South Skyline Association picnic. He noted that the community is concerned about the marijuana issue and using public lands for growing areas. He asked if the District's information about this problem could be included in the South Skyline Association newsletter. President Hanko said she seconded Director Hassett's comments regarding the marijuana concerns. She reminded the Board about the Volunteer Recognition event. Director Riffle said that tonight was his only compensable meeting. He said he was impressed by the articles in the San Jose Mercury regarding Mt. Umunhum. He went on a docent led hike in July and said there was great information about mountain lions. He met with the ranch manager at Bear Creek and the manager said they were very happy working with District staff. Director Harris said that tonight is her only compensable meeting. Meeting 09-23 Page 9 Director Siemens asked R. Jurgensen if the articles about Mt. Umunhum,get forwarded to Senator Feinstein's office. R. Jurgensen said that they did. Director Siemens said that he had been working on a display at the Nature Center. President Hanko, asked if staff let the San Jose Mercury know about the mistake in their article about the District. R. Jurgensen said that he let them know and that they apologized for the mistake. XII. ADJOURNMENT President Hanko adjourned the Special meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:50 p.m. Lisa Zadek, Recording Secretary