Loading...
HomeMy Public PortalAbout19970625 - Minutes - Board of Directors (BOD) Regional Open Space ................................ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-16 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS June 25, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 6:30 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, and Nonette Hanko Members Absent: Pete Siemens and David Smernoff. Personnel Present: Craig Britton, Sue Schectman, and Mike Foster 11. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:34 P.M. and the Closed Session commenced at 6:35 P.M. the Board concluded the Closed Session at 7:15 P.M. and M. Davey cafled the Regular Meeting to order at 7:30 P.M. Additional Personnel Present: John Escobar, Malcolm Smith, Randy Anderson, Mike Williams, Del Woods, and Jodi Isaacs. III. ORAL COMMUNICATIONS Linda Lubeck, 120 Carlton Ave. #54, Los Gatos, member of the Los Gatos Town Council, said there is a project progressing through Los Gatos wherein a developer has 85 acres they want to donate so it can be preserved as open space and used as trails. She asked the Board to use their expertise to help come up with a solution which would guarantee that the 85 acres would be preserved and accessible to everyone. She outlined the tentative schedule for consideration of the project. N. Hanko informed Ms. Lubeck that the Board's Los Gatos representative is away until July. C. Britton said the matter had come to the Board's attention in closed session. Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos, CA 94022-1404 * Phone:415-691-1200 - 1972.1997 - FAX:415-691-0485 - E-mail: mrosd@openspace.org * Web site:www.openspace.org Board or Directors;Pete Siemens,Mary C. Davey,led Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Botton Meeting 97-16 Page 2 Dave Perrone, 316 Ridge Road, Woodside, representing Save Skyline Open Space, said he was at the meeting to say hello and remind the Board that SSOS is still around and doing their best to save open space. He said they will need help to preserve the Russian Orthodox Church property on Skyline Boulevard. Richard Bourke, P. O. Box 7207, San Jose, said this is one of the worst wildfire seasons we have had and asked about closing trails during peak danger periods. J. Escobar responded that there is a system of closing preserves based on an index from the California Department of Forestry. When that index reaches its highest level, staff is available to help the CDF. He said there is an issue that given the size of the preserves, it would be difficult to evacuate a preserve and it may be better for people to remain there. He said the index is high now, but not at the alert stage. During Fire season all entrances are posted with additional signs prohibiting smoking and fires. IV. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the agenda. J. Cyr seconded the motion. The motion passed 5 to 0. V. ADOPTION OF CONSENT CALENDAR B. Crowder removed the replies to written communications from Mr. John B. Werth and Mr. Luis F. Fajardo, MD. N. Hanko removed the reply to a written communication from Mr. Brett Houston. Motion: B. Crowder moved that the Board approve the Consent Calendar, including a reply to a written communication from Mr. David Oare, oare(&gene.COM; agenda item 6, Authorization for the General Manager to Execute a Purchase Contract with Sutter FA'uipment for a Tractor Trail Dozer at a Cost of $64.057o agenda item 7, Final Adoption of Amendment to Contract wig_i Public Employees Retirement System (!!ERS) for Local Miscellaneous Members to Provide 2-Percent at 55 Retirement Formula and Authorization for the Presiding Officer to Execute the Amendment. including Resolution No. 97-23 a Resolution of the Board of Directors of the Midpgninsula Regional QMn Space District Authorizing an Amendment to the Contract,& agenda item 8, Authorization for Director Crowder to Attend the Annual National Land Trust Conference in Savannah. Georgia at a Projected Cost of $1.500: and Revised Claims 97-12. K. Nitz seconded the motion. The motion passed 5 to 0. VI. WRITTEN COMMUNICATIONS B. Crowder asked that information about speed limits be added to the letter to Mr. Werth. In regard to the letter to Mr. Fajardo, B. Crowder said she thought benches were going to be referred to POST. Meeting 97-16 Page 3 C. Britton said memorial benches are referred to them, but the Board had asked that possible bench locations be identified in use and management plans. Mr. Fajardo is aware of this future planning. N. Hanko asked about the memorial bench at Pulgas Ridge for George Seager, the first director from that Ward. C. Britton said it will be put on the agenda for an upcoming meeting. N. Hanko said there was only an e-mail address and no U.S. mail address on Mr. Houston's letter and she would like some way of knowing where he resides. M. Smith said staff has requested his post office address, but they would respond even if lic was outside the District. The District receives lots of mail from outside its boundaries. C. Britton said this is an issue that could be discussed at the future protocol workshop. Motion: B. Crowder moved that the Board approve the letters as amended. J. Cyr seconded the motion. The motion passed 5 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - .Accgptance and/or Comments on the Findings of Consultani ATC Environmental. Inc.'s Report on Asbestos and Lead Studies at Mt. UmgDhtLit: Area, Sierra Azul Open Space Preserve and the Next Steps Recommended by Staff tz- Pursue Cleanup of the Site. Including Formation of a Restoration Advisory Board through the U.S. Army Corps of Engineers and Authorization of Additional Bud g!hCi�L the Amount of$9,070, Increasing the Budget for the Asbestos and Lead Studiesfs p_Qr $21,730 to $30,800 to Cover Additional Work Required to Complete the Studies - (R=rt R-97-93) R. Anderson presented background information, stating the former Almaden Air Force Station was purchased in 1983. It consisted of 36 acres and 84 buildings. The Army Corps of Engineers cleaned up the site to the extent of removing paint containers, fuel lines and tanks, PCBs, but not asbestos or lead-containing paint. He explained the justification for staff's recommendation. In answer to questions as to why the contractor did work over the contract amount. R. Anderson said they had done what needed to be done and those additional effor'�,-, were appreciated. Instead they could have done an inadequate amount of sampling. He described their sampling methods and the efficiency of the process. Discussion followed as to whether the District was obligated to pay for the service; above the contract amount. S. Schectman said she had not reviewed the contract &, she could not assess whether or not the District would have the legal right to refus� pay. However, if there is a disagreement Board has authority to resolve that. Meeting 97-16 Page 4 B. Crowder described a book by Dr. Moore called, "Haunted House" which assesses various hazards and says asbestos control is a boondoggle. She said she didn't want to spend any more money on asbestos removal than absolutely necessary. R. Anderson said that the contractor's extra efforts benefit the District, because more testing was done than originally planned. Motion: N. Hanko moved that the Board accept the findings of the consultant's report and the next steps recommended by staff to pursue cleanup of the site, including formation of a Restoration Advisory Board through the U. S. Army Corps of Engineers; and continue action on recommendation No. 2 (budget items) until they receive a report from legal counsel. J. Cyr seconded the motion. The motion carried 5 to 0. B. Agenda Item No. 2 - Declaration of Surplus PropgM and Authorization to Accent Offers to Purchase a Long-Term Interest in a 10 Acre Parcel Ad-joining Skyline Ridge Oren Space Preserve: Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act:Approval of the Agreement to Purchase Fee Determinable Estate and Set the Minimum Bid at $310.000. and Set July 11, 1997 at 5:00 P.M. as the Deadline for Submitting Sealed bids for Purchase of the Surplus ProMrty with Final Board Action Scheduled for the Director's Regular Meeting of July 23, 1997 - (Report R-97-99) D. Woods showed the location of the parcel on maps and outlined its history. He said it was purchased because of its visibility from the Ridge Trail and the desire to protect open space and assure trail connections between Skyline Ridge and Russian Ridge. He showed slides of the site. M. Williams described the terms and conditions of the proposed sales agreement, including removal of the boat house, and noted that the District has received two offers on the property. He pointed out three minor changes to the agreement. Staff answered questions about the fuel tank and the boat house which had been built without District approval. M. Williams described the condition of the interior of the house. Harry Haeussler, 1094 Highland Circle, Los Altos, asked about restrictions on building on the property, who was supposed to supervise that, and why something hadn't been done. C. Britton stated the conditions were that the previous owner could not build any new structures, but the boat house was built anyway. The District's only alternative would have been legal action. In answer to Richard Bourke's questions regarding responsibility for upkeep, staff informed him that it is clear that responsibility is on the life estate holder. C. Britton explained why the sealed bid process is being used, adding that they want to make sure the District gets the best price based on fixed terms. ' Meeting 97-16 Page 5 Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California Environmental. Quality Act a set out in the staff report; declare San Mateo County Assessor's Parcel 080-282-050 as surplus to District's needs; approve the terms of the Agreement to Purchase Fee Determinable Estate, amended, and set the minimum bid at $310,000; set July 11, 1997 at 5:00 P.M. as the deadline for submitting sealed bids for purchase of the surplus property with final Board action scheduled for the Board meeting of July 23, 1997; and tentatively adopt the interim Use and Management plan recommendation as contained on page 5 of the staff report, amended to include the words, "if purchaser does not salvage building within five years" after the words, "boat house." J. Cyr seconded the motion. Discussion: Staff answered questions regarding the water system and the existing road. N. Hanko suggested that it would be valuable to offer tours to Board members if similar projects come up in the future. M. Williams said that would be arranged. He said patrol access is unrestricted under the proposed agreement. The motion passed 5 to 0. C. Agenda Item No. 3 - Proposed Addition of Zelhart Property to the Kennedy _Limekiln Area of Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Cate og rically Exempt from the California Environmental Quality Act: Tentatively Adopt the Preliminary Use and Management Plan Including Naming the Property as an Addition to the Kennedy Limekiln Area of Sierra Azul Qpen Space Preserve and Indicate their Intention to Withhold the Property from Dedication as Public Open Space CReport R-97-95) R. Anderson pointed the property out on a map and showed slides. M. Williams outlined the terms and conditions for purchase and budget considerations and said the agreement had to be completed by midnight tonight. In answer to a question from Director Cyr, M. Williams explained why the property owner's representative did not want to include an arbitration component in the agreement. Motion: J. Cyr moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report; adopt Resolution No. 97-24 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Zelhart, Et Al); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Kennedy Limekiln Meeting 97-16 Page 6 Area of Sierra Azul Open Space Preserve; and indicate their intention to dedicate the property as public open space at this time. K. Nitz seconded the motion. The motion passed 5 to 0. D. Agenda Item no. 4 - ProWsed Addition of McKannay Property to Mt. Umunhum Area of Sierra Azul Olen Space Preserve: Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act-, Tentatively Adopt the Preliminary Use and Management Plan Including Naming the PLQI&M as an Addition to Mt. Umunhum Area of Sierra Azul Qpgn Space Preserve and Indicate their Intention to Withhold the Prol&ny from Dedication as Public QNn Space (Report R-97-96) D. Woods showed the location on a map, which also indicated the District's sphere of influence and boundaries. He showed slides of the area in question. S. Schectman clarified that when the District makes a determination that a property will be dedicated, it means it will be open and available for public use. C. Britton said the dedications are reviewed annually and a full report is provided each December. N. Hanko noted that dedication also means that a property can only be sold under limited terms as prescribed in the District's enabling legislation. M. Williams outlined the terms and conditions of the agreement. Motion: J. Cyr moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; adopt Resolution No. 97-25 a Resolution of the Board of Directors of the Midpeninsula, Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaetion (Sierra Azul Open Space Preserve - Lands of McKannay, Et Al); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to Mt. Umunhum Area of Sierra Azul Open Space Preserve; and indicate their intention to withhold the property from dedication as public open space at this time. N. Hanko seconded the motion. The motion passed 5 to 0. C. Britton congratulated staff on the success of the new process for presenting property acquisitions and said negotiation discussions have been going on for years with some of these owners and that M. Williams has done an admiral job. 4# Meeting 97-16 Page 7 E. Agenda Item No. 5 - Adoption of the Amendment to the Use and Management Plan for Monte Bello Open Space Preserve to Establish a Public Permit Parking Area Neag the Southern End of Monte Bello Road and Determination that the Pro'ject is Categorically Exempt from the California Environmental Quality Act (CEQA) - (Report R-97-92) R. Anderson showed the location of the parking area and said people can apply for permits following final adoption and installation of the gate. C. Britton said there had been extensive notification and said that Mr. McFarland will be added to the list of those to be notified. R. Anderson said there will be minor costs for the gate, which is in addition to the one at the west end of the lot. He said the plan works so the open gate does not block parking spaces. D. Woods said the trail from Canyon Trail to Water Wheel Creek Trail is a listed project but has taken a lower priority because of the land purchased by the District. Motion: N. Hanko moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA), based on the findings contained in the staff report; and tentatively adopt the amendment to the Use and Management Plan for Monte Bello Open Space Preserve to allow for public use, on a permit basis, of the existing docent parking area adjacent to south Monte Bello Road. B. Crowder seconded the motion. The motion passed 5 to 0. VM. INFORMATIONAL REPORTS N. Hanko summarized the discussion at the State budget meeting hosted by Assemblyman Lempert which she and K. Nitz attended. J. Cyr said he appreciated the opportunity to attend the Special District Conference in Columbus, Ohio. The District will share with East Bay Regional Park District in hosting the Conference next year. He described how Columbus had dealt with deer overpopulation. C. Britton reported on the following: 1. Save the Redwoods League acquired Gray Whale Ranch in Santa Cruz. 2. Sempervirens Fund completed the Ainsley purchase. M. Davey described the 580 acre parcel. 3. Invitation to Santa Clara County Open Space Authority Reception. 4. Special District Forum highlights including animals from the zoo. 5. District will co-host breakfast at NRPA in October on Special Districts Forum. 6. He and M. Smith testified at Senate Natural Resources Committee regarding AB 1366, which passed with no amendments. He said he believes the process is more careful than it used to be and that legislation is thoroughly scrutinized. 7. FYI - Rhus Ridge Road overflow parking lot. 8. N. Hanko volunteered to act as Secretary Pro Tern during D. Smernoff s absence. Meeting 97-16 Page g M. Smith announced that the 25th Anniversary products were displayed in the lobby and were selling well. J. Isaacs provided an update on goat grazing and said that the damage to the bark of oak tress is not necessarily permanent. This will be determined over time. She said there are volunteer projects going on now and Board members can see the site. As to whether is was worthwhile to use goats, J. Isaacs said that can be determined when they get the final report on all of the star thistle removal methods that are being tested. J. Escobar reported on the following items: 1. He described the controlled burn, noted that they received good reports regarding training. He said the skills and knowledge of the people involved were impressive. 2. He reported that the person reported lost at Rancho San Antonio had been found in Stevens Creek County Park. 3. He distributed a handout for those who would be attending the ECDM meeting Monday which was an update on trail construction techniques and costs and how they have changed over the last few years. 4. FYI - memo on coyote trapping and blood sampling. He said they will continue to use soft leg hold traps. .J. Isaacs outlined some findings by vector control and said they will be providing information to the District. Note: B. Crowder left the meeting to make a presentation at the Portola Valley Town Council regarding approval of the District's plans for the parking area. S. Schectman said she would be out of town next week. She reported on the U. S. Supreme Court decision invalidating the Religious Freedom Restoration Act. The decision is important to local agencies because the act can affect local powers. Following discussion of Board Members attendance at the noticed June 30 Use and Management public work shop and field trip, Board Members directed that it also be noticed as a Special Meeting of the Board. C. Britton clarified claim #2425, stating that the property consists of 160 acres. IX. ADJOURNMENT The meeting was adjourned at 9:47 p.m. Roberta Wolfe Recording Secretary