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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-08
REGULAR AND SPECIAL. MEETINGS
BOARD OF DIRECTORS
April 8, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:32 P.M.
Members Present: Betsy Crowder, Mary Davey, David Smernoff, Pete Siemens,
Jed Cyr, Nonette Hanko, and Ken Nitz.
Staff Present: Craig Britton, Sue Schectman,
II. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Item 1.
The Board adjourned to Closed Session at 6:32 P.M. and the Closed Session
commenced at 6:33 P.M. The Board concluded the Closed Session at 7:30 P.M. and
B. Crowder called the Regular Meeting to order at 7:35 P.M. She announced that the
Board met in closed session to discuss pending litigation, particularly the pending
eminent domain proceedings between the District and the Russian Convent of Our Lady
of Vladimir. T'he Board voted to approve a settlement agreement which will resolve
the disputes between the District and the Convent and enable the District to dismiss the
eminent domain proceedings. The Convent has also approved the settlement
agreement. She announced there would be a brief recess and the regular meeting
would be convened.
Additional Personnel Present: Deirdre Dolan, John Escobar, Mary de
Beauvieres, Mike Williams, and Jodi Isaacs.
B. Crowder repeated the report, stating the Board had voted as follows on the
settlement with the Russian Convent of Our Lady of Vladimir: Directors P. Siemens,
J. Cyr, K. Nitz, N. Hanko, and B. Crowder, aye; and Directors D. Smernoff and M.
Davey, nay. She said copies of the settlement agreement were available.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX: 650-691-0485 • E-mail: mro,d@openspace.org • Web site:www.openspace.org ^
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
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Meeting 98-08 Page 2
N. Hanko said that on March 18 she had supported a continuation motion to give the
District an opportunity to explore alternative sites. She was convinced that the order
would be good neighbors but was willing to do a site search including existing open
space to find a location that would not only meet their needs but be acceptable to the
District's environmental and public access concerns. She said they have learned from
the order's attorney that they were unwilling at this point to consider an alternative site.
Therefore, she felt the settlement on the proposed site was not only just, but in keeping
with their intentions of being good neighbors. She felt strongly that the order is
concerned with the protection of the natural environment and she wished to make an
open offer to support a future site search by the District if for any reason in the future
the nuns find the present site to contain too many obstacles or time problems. She said
she believed it was never the Board's intention to leave them out in the cold. Her
reservations about the lack of public access on the portion of the property to be
acquired by the District had now been resolved. She said the order will work with the
District to help provide a public trail in what otherwise might be too steep a terrain and
too environmentally sensitive for public use. She said in case this trail option turns out
to be unfeasible, the order will permit u to four public tours conducted by District
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docents so that the public may appreciate the outstanding vista to Half Moon Bay and
the ocean and enjoy the last sunsets on our continent.
M. Davey Y g
said when the District was formed 25 ears ago the purpose then and now
had always been to preserve and protect open space. She said this 280 acres is open
space now, is an important part of the view shed along Skyline, and is an important
Part of the greenbelt around the Bay Area. She said that even though the Convent has
f land was
proposal to build on 10% o the
been
an honorable adversaryin this case the
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still substantial development and that was why she was voting no. She said she
believed that keeping the quality of openness and the habitat and beauty of that ridge
was extremely important and that this was a missed opportunity. She said even though
she believed that the compromise agreement was honorable and well worked out
between the two parties, she still wished to vote no.
D. Smernoff said he had also voted no consistently on the development on the ridge
top. His reasons were some of those M. Davey had talked about, but also one of his
primary purposes in being on the Board is to protect the ecological value of the land.
He said putting a development in the middle of a wildlife corridor will forever disrupt
the ecological value of the piece of property. He agreed that this agreement and the
professionalism of the staff and board members throughout the process had been
exemplary. He said he thought it was a good agreement and a good compromise but
could not in good conscience support putting development on the ridge top and taking
away the home of the wild animals that live there. He said he also believed that
development would open the gates to future development along the Skyline corridor
because it sets a dangerous precedent by taking lands out of the Williamson Act and
opening it up to development. If that happened he thought the wild life values and the
ecological values of that whole
le area would be compromised.
Meeting 98-08 Page 3
III. ORAL COMMUNICATIONS
Julia Bott, 3921 E. Bayshore, Palo Alto, representing the Loma Prieta Chapter of the
Sierra Club, said she found it sad that the Convent would not consider looking at
alternate sites. She said she understood but asked what was to be lost by looking at an
alternative site now that an agreement had been struck. She urged the Board to publicly
state that they are willing to continue looking for a site and continue working with the
convent. She also urged the nuns to make a good faith offer to commit to consider any
site and look at alternatives so that everyone can work to resolve the issue so that all
needs can be met including the community's need for open space and wildlife habitat
and the nuns' needs for spiritual nourishment.
I
C. Britton said the Board had approved a site search on March 18, including the
$25,000 contract with Right of Way-Associates. He said the current agreement
requires that staff come back to the Board in public session within 60 days with several
follow up agreements. At that time, they could bring back consideration of the site
search on whatever basis the Board would like to proceed.
Al Bell, 12130 Skyline Boulevard, asked if they were now up to 26,000 sq. ft. of
buildings.
S. Schectman said that the settlement agreement provides a maximum of 3,000 sq. ft.
for any auxiliary residence, including accessory structures such as garages. The
agreement provides for a maximum aggregate of 2,500 sq. ft. of small accessory
structures such as chicken coops and agricultural equipment sheds. Therefore, this area
in addition to the 18,000 sq. ft. already proposed brought the total to 23,500 sq. ft.
IV ADOPTION OF AGENDA
Motif J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the
motion. The motion passed 7 to 0.
V. ADOPTION OF CONSENT CALENDAR
J. Cyr requested the removal of the March 11, 1998 minutes, and agenda item 6,
Resolution Approving the Issuance of Credit Cards to Specified Manners aad
Supervisors for District Purchasing Activity.
C. Britton removed agenda item 3, Authorization to Apply for Storm Damage Reps
Grants from the Federal_ Emergency Manage m n gen y and Determination that the
Action is Categorically Exempt from the California Environmental Quality Act.
B. Crowder asked about Claim No. 3913, Schilling Lake spillway repair. C. Britton
said this was for engineering costs. M. de Beauvieres said staff will be coming back to
the Board for authorization to go out to bid for construction of the repairs.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including agenda
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item 4, Approval of 1998-1999 Position Classification and Compensation
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Meeting 98-08 Page 4
Plan that Includes a One Point (I%) Cost of Living Salary Adjustment for
all General Manager Appointee Classifications Effective April' 1, 1998;
agenda item 5, Approval of the Pr=sed Revisions to the Program
Evaluation and Action Plan Process for the Implementation of the,District's
Basic Policy: and Revised Claims 98-07. K. Nitz seconded the motion.
The motion passed 7 to 0.
VI. APPROVAL OF MINUTES
B. Crowder asked that under informational reports, the minutes be corrected to read
that Nancy Lund, Town Historian, knows Governor Rolph's granddaughter who lives
in the area.
Motion, P. Siemens moved that the Board approve the minutes of the March 11,
1998, Regular Meeting as amended. D. Smernoff seconded the motion.
The motion passed 7 to 0.
VII. BOARD BUSINESS
A. Agenda Item No. 1 - Approval of Midpcninsula Regional Oren Space District
Substance Abuse Policy (]R=rt R-98-48).
D. Dolan presented the staff report.
Discussion followed regarding the definition of controlled substances. S.
Schectman said the policy follows federal regulations. The policy mandates
testing for five specific toxics, which are opiates, amphetamines, marijuana,
PCP, and cocaine. P. Siemens felt the definition should be included in the
policy. S. Schectman said it is included by virtue of reference to the federal
regulations. In addition, this was something they specifically negotiated with
Local 715.
Regarding section 10d on page 3, S. Schectman said the policy regarding not
consuming alcohol during the 8 hours after an accident arose out of federal law
which mandates that the District have this policy. Federal regulations set
certain minimum requirements which the District must meet and about which
they have no discretion. She said the union has approved the document.
After reviewing the policy, S. Schectman said she would confirm that the
regulations set forth in 49 C.F.R. Part 40 include the itemization of controlled
substances and if it does not she will append a list. She said the focus of this
policy is to deter being under the influence of substances that would impair you
at work and create safety problems. She will append a page that lists the
controlled substances that will be tested for.
Motion* N. Hanko moved that the Board approve the Midpeninsula
Regional Open Space District Substance Abuse Policy, as
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Meeting 98-08 Page 5
amended. K. Nitz seconded the motion. The motion passed 7 to
0.
B. Agenda Item No. 2 - Authorization to Hire Rana Creek Habitat Restoration to
Implement the Second Phase of the Russian Ridge Grassland Management Plan:
Determination that the Proposed Project is Categorically Exempt from the
California Environmental Quality Act; and Authorization for the General
Manager to Execute a Contract with Rana Creek Habitat Restoration to
Implement the Second Phase of the Russian Ridge Grassland Management Plan
with a Cost Not to Exceed S48,000- (Eport R-98-46).
J. Isaacs reviewed the report. The statement that the herbicide treatment of star
thistle was 100% successful meant for that year's growth, not the seeds. She
said there were estimates that-the seeds may last 5-10 years.
In regard to the use of weevils at Fremont Older, J. Isaacs said they should be
emerging from the soil soon and will become active in the spring. Staff and the
county agriculture department will do a population count. The studies that have
been done on use of weevils have shown they are host specific and do not affect
other plants.
J. Isaacs talked about the choice of herbicide stating the Roundup has better
results on mature plants and the best time to use Transline is after a burn.
Treatment areas will be established within the burn area. She said it is likely
they will burn this year, if possible. She said Transline has just been certified
in California and has been found to be very effective on star thistle.
J. Isaacs said she hopes to do another overall resource management update in
December or January.
Motion: D. Smemoff moved that the Board determine that the proposed
project is categorically exempt from the California Environmental
Quality Act (CEQA) based n the findings contained in the staff
report; and authorize the General Manager to execute a contract
with Rana Creek Habitat Restoration to implement the second
phase of the Russian Ridge Grassland Management Plan, as
presented at the Board meeting on March 26, 1997, with a cost
not to exceed $48,000, as included in the fiscal year 1998-1999
budget. J. Cyr seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 3 - Authorization to Apply for Storm Damage R pair Grants
from the Federal Emergency Mann_ag m n ' y and Determination that the
Action is Categorically Exempt from the California Environmental Out Act.
C. Britton said the item had been removed from the Consent Calendar because
the resolution had not been included in the packets.
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Meeting 98-08 Page 6
H. Haeussler, 1094 Highlands Circle, Los Altos, apologized for the last letter
he had written to the Board. Referring to the chart on page 1 of the FEMA
Preliminary Damage Assessment Report, he asked if they were going to repair
Spring Ridge Road or realign the road in conformance with the trail plan. C.
Britton responded that they will do whatever FEMA will allow them to do. J.
Escobar noted that this is a preliminary list and they don't know what repairs
will be required until a civil engineer has looked at the project.
Motion: J. Cyr moved that the Board determine that the action is
categorically exempt from the California Environmental Quality
Act (CEQA) based on the findings contained in the staff report,
and adopt Resolution 98-16 a Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District
Designating the General Manager and Senior Planner as
Authorized Agents to Apply to the Office of Emergency Services
for Emergency Funding from the Federal Emergency
Management Agency. P. Siemens seconded the motion. The
motion passed 7 to 0.
D. Agenda Item No. 6 - Resolution pproving the issuance of Credit Cards to
Specified Managers and Supervisors for District Purchasing Activity -
$:s8-441.
J. Cyr asked that the word persons in the last full line of the first paragraph
under Discussion in the staff report be changed to person.
Motion: J. Cyr moved that the Board approve amended Resolution 98-17
a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing the Issuance of District
Credit Cards and Related Borrowing of Funds From Cupertino
National Bank and Trust. K. Nitz seconded the motion.
C. Britton clarified that the $2,000 was the amount for a single transaction.
yore: The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
M. Davey said she, Directors Nitz and Crowder, and C. Britton and M. Smith of
District Staff had attended the Farm Bureau board meeting regarding annexation of the
coast to the District. They were aware of the April 16 and 30 public meetings. She
said they had arranged for the committee members to tour the agricultural land. B.
Crowder said M. Smith would produce notes on the meeting for the other Board
Members.
P. Siemens said he had met with C. Britton and M. Smith to talk about their plans to
convince other special districts within the county to join LAFCO. They will take
Meeting 98-08 Page 7
sample resolutions and other documents to the boards of those districts.
D. Smemoff mentioned that tomorrow from 10:00 A.M. to 12:30 P.M. there would be
a meeting of the Santa Cruz Bioregional Council at the District office concerning
habitat conservation plans and natural conservation planning in general.
C. Britton reported as follows: 1. K. Nitz, D. Smemoff, M. Davey, and B. Crowder
had attended the Open Space Council meeting. M. Davey talked about C. Britton's
presentation on development of the Regional Plan, Audrey Rust's talk about raising
money, and Garnetta Annabel's talk about the Santa Clara County Open Space
Authority. 2. M. de Beauvieres and he had met with relatives of the Morell family
and they would like recognition for their original gift of Black Mountain to Stanford. 3.
Jean Fiddes had visited. 4. He met with Ken Fisher who had agreed to give a talk on
the logging industry on Skyline when the Special Districts Forum is here in May. 5.
He noted a letter in the FYIs from B. Crowder to Tom Huening regarding the Regional
Open Space Study presentation by R. Anderson on April 14. 6. The Board meeting
schedule for May will be as follows: Special meeting on May 6 which will include a
workshop on the Regional Open Space Plan, including looking at the basic policy and
mission statement, followed by a regular meeting; cancellation of regular meeting of
May 13; meeting of May 20 which would be devoted to a workshop on the coastal
information from the committee; and regular meeting on May 27. A meeting with
Sempervirens Fund Board would be on Wednesday, June 3.
B. Crowder asked when the Wilderness and Trail Study will start. C. Britton said a
meeting of the Acquisition and Enterprise Committee was scheduled for April 10 for a
field trip to visit structures scheduled for possible demolition this year. A
recommendation will come to the Board for a policy on how to deal with the question
of whether a structure has historical value. Since D. Woods is the staff person for
both, the Wilderness Study would start after that.
VUL ADJOURNMENT
The meeting was adjourned at 8:35 P.M.
Roberta Wolfe
Recording Secretary