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HomeMy Public PortalAbout19960724 - Minutes - Board of Directors (BOD) Regional Open Sp -e • s 4 --. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-16 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS July 24, 1996 MINUTES I. ROLL CALL President Nonette Hanko called the Special Meeting to order at 7:01 p.m. Members Present: Pete Siemens, Nonette Hanko, Betsy Crowder, and Wim de Wit. Members Absent: Mary Davey, Teena Henshaw, and David Smernoff. Personnel Present: Craig Britton, Sue Schectman, John Escobar, and Jean Fiddes. II. CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1, Labor Negotiations - Government Code Section 54957.6(a). The Board recessed to Closed Session at 7:01 p.m. and the Closed Session commenced at 7:05 p.m. The Board adjourned the Special Meeting at 7:22 p.m. N. Hanko called the Regular Meeting to order at 7:33 p.m. Additional Personnel Present: Mike Williams, Randy Anderson, and Julie McCullough. III. ORAL COMMUNICATIONS Stuart Clement, Sylvan Avenue, Mountain View, asked about the District's policy on prescribed burns for controlling brush. J. Escobar said the District does not have a specific program for managing vegetation, brushlands, or chaparral lands by fire. He said Use and Management Plans allow the opportunity for such a program on a specific preserve and discussed the District's discing program. IV. ADOPTION OF AGENDA Motion: W. de Wit moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 4 to 0. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 415-691-1200 . FAX:415-691-0485 . E-mail:mrosd®netcom.com Board of Directors:Pete Siemens,Mary C. Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton f ' Meeting 96-16 Page 2 V. ADOPTION OF CONSENT CALENDAR In response to W. de Wit's question regarding claim 564 to the Town of Los Gatos, C. Britton said that, at the suggestion of Director Siemens, the District had contracted with Mr. Matesso through the Town of Los Gatos for project construction consulting services. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including the minutes of June 24, 1996 Special Meeting and June 26, 1996 Regular Meeting; and agenda item 7, Adoption of Resolution 96-26 Authorizing the Purchase and Execution of Indemnity Surety Bond to Partially Fund the Debt Service Reserve Fund for the 1995 Promissory Notes; and Revised Claims 96-13. P. Siemens seconded the motion. The motion passed 4 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 - Proposed Exchange Agreement with Northern California Presbyterian Homes (NCPH) to Acquire a Storm Drainage Easement in Exchange for a License for Emergency Access Purposes (Windy Hill Open Space Preserve) and Determination that Project is Categorically Exempt from CEQA - (Report R-96-M M. Williams reviewed the staff report. Motion: B. Crowder moved that the Board determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in this report and adopt Resolution 96-27, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Acceptance of an Exchange Agreement, Authorizing Officer to Execute Certificate of Acceptance of an Easement Deed to District and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Windy Hill Open Space Preserve - Lands of Northern California Presbyterian Homes). P. Siemens seconded the motion. The motion passed 4 to 0. B. Agenda Item No. 2 - Final Adoption of Four-Year Grassland Management Plan for Russian Ridge Open Space Preserve - (Report R-96-M N. Hanko announced that a letter received from Mr. Nick Moll on this agenda item had been placed in each Board member's binder. R. Anderson presented the staff report, noting the concerns expressed in letters from Nick Moll, Sarah Christian, and a memo from Director Smernoff were addressed by the plan. He said staff is not proposing a burn this year, but want to look into it thoroughly for next year; any proposal for a burn would come before the Board. Regarding spraying that has already occurred, R. Anderson said staff had indicated spraying would be done, but wind conditions were not favorable so a weed whacker was used. He said there were no streams close enough to the area in which Glyphosate had been proposed for it to drift into or be washed into. In addition, the Meeting 96-16 Page 3 amounts used are so small that there should be no air quality problems if weeds are burned after they are sprayed. Mr. Moll said he did not know of any air quality problems after burning weeds sprayed with either Glyphosate or triclopyr. R. Anderson informed Board members that the area that had been proposed for a burn this year was only about the size of the Board meeting room. CDF requires a minimum of 2.5 acres. Mr. Moll said all herbicides that are contemplated being used by the District only affect living, growing plants. The only problem would be if spraying occurred when some of the broadleaf wildflowers are still in the active growing stage. He said triclopyr is a good choice because it does not move around in the environment. He said he hoped the Board had read his letter and complimented the grassland management plan. He answered questions regarding the half-life of Glyphosate. Motion: W. de Wit moved that the Board adopt the Grassland Management Plan based on the summary provided in report R-96-74 as an amendment to the Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve, with the condition that only triclophyr be added to the list of herbicides authorized for use by District staff. P. Siemens seconded the motion. The motion passed 4 to 0. C. Agenda Item No. 3 - Final Adoption of the Trails Plan for Fremont Older Open Space Preserve as an Element of the Comprehensive Use and Management Plan - fReport R-96-79) J. McCullough reviewed the staff report which included changes to the Plan requested by Board members. She referred to the site plan in the packet which slowed the alignment of the proposed Prospect Road bypass trail to a neighboring home and showed slides which depicted the area of the proposed trail and its relation to the home. N. Hanko thanked staff for the report and for their efforts to protect the privacy of the property owner. Motion: P. Siemens moved that the Board adopt the Trails Plan as an Element of the Comprehensive Use and Management Plan for Fremont Older Open Space Preserve. W. de Wit seconded the motion. The motion passed 4 to 0. D. Agenda Item No. 4 - Authorization to Solicit Bids for the Weeks Road Repair Project at La Honda Creek Open Space Preserve. Including; Four Additions to Pr6ect's Scone Estimated to Cost an Additional $36.000 and Determination that Project is Categorically Exempt from CEOA - (RR p rt R-96-80) Meeting 96-16 Page 4 R. Anderson presented background information and reviewed staff s recommendations, noting add-alternates and additional work had been estimated to be $36,000 above the originally budgeted amount. He said he had learned earlier in the day that consultants believe costs may be $25-50,000 higher, and none of the figures will be exactly known until bids are received. He said staff proposes to obtain bids, negotiate with Paulins regarding cost impacts of their truck, and investigate alternatives to water line replacement. He said staff would report back to the Board on August 28. C. Britton provided some history on the property, noting that everything had gone wrong with the road project. He said the road is the District's patrol and maintenance access to La Honda Creek Open Space Preserve. He said that the lawsuits that were in place when the District acquired the Dyer property had to do with a contention that Allen Road was a through road, noting that whether or not the District uses the road for patrol, it is still obligated to complete the road because of the settlement the District ratified. S. Schectman addressed the legal issues involved. She said that before the Board authorizes an add-on for paving required solely to accommodate the heavy truck, staff needs to determine if there is any legal responsibility to do so. She said the issue of the extent that truck contributed to the prior failure of the road also needs to be addressed. With respect to the settlement, she said it may be that the District will have some continuing maintenance obligations to the road, but does not need to exceed the legal obligations. B. Crowder said she was opposed to doing anything and did not want to spend any more money on the road. In answer to P. Siemens' questions, S. Schectman said the District is not responsible for total maintenance of the road per the settlement agreement. She said that there is an apportionment formula based on use of the road. C. Britton noted that the Board is not being asked to authorize any expenditure at this time. He said staff will go out to bid and S. Schectman will review the settlement documents. P. Siemens suggested looking into whether the zoning of the area might preclude the type of business that is being done. S. Schectman said she thought it would be useful to have bids because staff can then look at the expected costs and see if they can work out an acceptable solution among all parties. C. Britton said at this point he did not know if abandoning the District's rental unit on the property would relieve the District of its obligation on the road. He said staff can come to the Board with options after bids are received. Jack Paulin discussed his use of the road; access problems to his property; and the poor design and location of the road. He said the steepest part of the road has not deteriorated which suggests that the water going across the road and poor design of the road is what has caused its deterioration. He said the road is their sole access and Meeting 96-16 Page 5 they have been using this road for over 50 years. He said he will be interested to find out if the District had an obligation to make the road usable by a heavy truck, noting he has documents stating he is allowed to use such a vehicle on the road. in regard to the gate problem, he said he was not convinced there is anything that can be done to make the gate safe and he would like to see an automatic gate. He said another issue is that it is not safe getting off or on Skyline for a number of reasons. Mr. Paulin and R. Anderson showed on the map the location of the old road. C. Britton said Mr. Warren Weeks designed the road and offered it as a settlement for not going to court on the question of rights through his property between his house and barn. He said the District did what it could within the constraints of the land, but the road would have come out the same whether the District acquired the property or not because that was the basis of the lawsuit settlement with Mr. Weeks. C. Britton said additional information as to where roads and houses are located will be provided with the next report from staff. Motion: P. Siemens moved that the Board determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in the staff report, and authorize staff to advertise the project for bidding by contractors, including four additions to the scope of work that would increase the project budget by an estimated $36,000. W. de Wit seconded the motion. Discussion: B. Crowder said she wanted very detailed information as to legal background and history. C. Britton stated that maps, diagrams, and slides will be provided, as well as a field trip if Board members want one. The motion passed 4 to 0. E. Agenda Item No. 5 - Authorization to AWly for National Recreational Trails Fun Act Program Grant Funds for Implementation of Phase H of the Trail Use Plan for El Corte de Madera Creek Open Space Preserve - ffl=Qrt R-96z76) J. McCullough presented the staff report. Motion: B. Crowder moved that the Board adopt Resolution 96-28, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds, the National Recreational Trails Fund Act - Fiscal Year 1996-1997. P. Siemens seconded the motion. The motion passed 4 to 0. F. Agenda Item No. 6 - Program Evaluation for the 1995-1996 Action Plan for the Implementation of the Basic Policy of the MidWninsula Regional Q= Space District - (LZ=rt R-96--M Meeting 96-16 Page 6 C. Britton introduced the report and said that, M. Williams, R. Anderson, J. Escobar, and J. Fiddes would review key points in their respective program. In regard to the Teague Hill matter, C. Britton said that will be coming back to the Board. He said staff has not yet submitted an application to Woodside, but have made some preliminary inquiries. B. Crowder referred to page 5, item 4, Lease Compliance on Historical Properties and noted there was no mention of Thornewood. M. Williams said the District will soon sign a rental agreement with someone who will be doing some work there; the goal is to get a long-term lease. C. Britton said any long-term project would be presented to the Board for approval. In answer to questions regarding keeping track of each property in terms of expense and income, M. Williams said there is not a data base but staff is working with someone who is putting together a listing of that information. C. Britton said information for each property could be pulled up through the accounting system. He said whether to retain properties is driven by considerations other than expenses, such as location and roads. R. Anderson said the biggest project taken on by the Open Space Planning Program was the reorganization of the department. He listed projects that had been completed. In regard to progress on the Regional Open Space Plan, R. Anderson said the staff work on clarifying policies is almost finished. Work on the baseline plan is going forward and staff expects to get it done over the summer for presentation to the Board. C. Britton said the goal is to complete the plan before the District's 25th anniversary next year. R. Anderson said the plan has implications for other agencies which will be checked at staff level, then with the Board and then with other boards prior to final adoption by this Board. J. Escobar summarized the Operations Program report. He said 90% of the department's efforts go to day-to-day operations such as patrol and maintenance functions. J. Fiddes highlighted the Public Affairs Program report prepared by M. Smith and the Administration Program's section. Motion: W. de Wit moved that the Board accept staff's program evaluation report. P. Siemens seconded the motion. The motion passed 4 to 0. V111. INFORMATIONAL REPORTS B. Crowder said she had a poster for the Kings Mountain Art Fair held on Labor Day weekend and reviewed the BCDC meeting she attended for the San Mateo County Trails Committee. She said the Bay Trail in the area of Redwood Shores and Bair Island was discussed. 'r Meeting 96-16 Page 7 P. Siemens said he had attended a meeting with field staff and felt it was informative. N. Hanko said there are three openings on the Board (Ward 3, 4, and 7.) She introduced Tom Davids, a candidate for the Ward 7 seat. C. Britton reported as follows: 1. The State budget was approved. 2. In regard to the Sher bill, an unacceptable amendment requiring San Mateo County and perhaps other agencies to go back to the voters on every tax passed since Proposition 62 was passed had been added to the bill. 3. There were two park bond act proposals which are not on the ballot; any proposal would have to go on a supplemental ballot. 4. The District's bond issue ha d closed. Staff will be coming back to the Board for priorities on the $8 million new acquisition funding from bond issue. He presented a copy of the Final Official Statement to each Board member. 5. He had a tape of television news reports on the Windy Hill coyote incident for Board members to view following the meeting if the wished. 6. The opening of the Grant Cabin is Friday, July 26. 7. A proposal to incorporate San Mateo Count ty LAFCO into the County's Planning Department is being discussed. 8. M. Smith was at Channel 11 tonight for a program about the cleanup project sponsored jointly by the District, REI and the BayTrail. 9. He ha d th e arbori re port e re garding e ardin removal emov al of the Po Oak tree g g next to Grant cabin. 10. Staff was in the final interviewing phase for the Resource Specialist position. 11. About 65 people attended the staff family picnic on July 18 at Foothills Park. 12. The Field Activity Summary was in the packet, as well as a memo summarizing the This Land is Your Lan d event. 13 . A i copy of the new warning notice posted at Windy hill Open Space Preserve was in the packet. 16. A copy of ame mo listing presentations made b the District ha d ad been dis tributed y to the Board. I J. Escobar said the packet included a memo from him to C. Britton summarizing the events on July 4. He announced that the new Volunteer Coordinator, Paul McKowan, is currently the Lead n Space Open p ce Technician in the Skyline area. i J. Escobar and C. Britton briefed the Board on staffs actions following the July 13 incident at Windy Hill Open Space Preserve involving a child being bitten by a coyote. VM. ADJOURNMENT � N. Hanko adjourned the Regular Meeting at 9:29 p.m. Roberta Wolfe Recording Secretary