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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