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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-09
REGULAR MEETINGS
BOARD OF DIRECTORS
April22, 1998
MINUTES
I. ROLL CALL
President Betsy Crowder called the meeting to order at 7:32 P.M.
Members Present: Betsy Crowder, David Smernoff(7:34 P.M.), Pete Siemens (7:40 P.M.), Jed
Cyr, Nonette Hanko, and Ken Nitz.
Members Absent: Mary Davey
Staff Present: Craig Britton, Del Woods, Malcolm Smith, Deirdre Dolan, Mike Williams, Randy
Anderson, and Peggy Coats.
II. ORAL COMMUNICATIONS
None.
III. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the motion.
The motion passed 4 to 0.
IV. ADOPTION OF CONSENT CALENDAR
B. Crowder asked Board Members to review the amended reply to Mr. Bernstein.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of the
minutes of the March 18, 1998 Special Meeting and the March 25, 1998 Regular and
Special Meetings; reply to written communication from Dan Bernstein, Peninsula
Access for Dogs, 1165 Eureka Avenue, Los Altos; agenda item 5, Authorization for
Director Siemens to Attend the California Special_Districts Association Government
Affairs Day One-Day Conference in Sacramento at a Cost of$95.00; agenda item 7,
Authorizafion to Purchase a Fjt Toilet Unit for Mont�ll, o Own S_ an ce Preserves
Determination that the Recommended Actions are Categorical y Exempt from the
California Environmental Quality Act,; and Authorization for Staff to Replace a Pit
330 Distel Circle • Los Altos,CA 94022-1404 Phone: 650-691-1200
FAX: 650-691-0485 • E-mail:mrosd@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
Meeting 98-09 Page 2
Toilet Unit for the Monte Bello Parking Area, Substituting it for a Pit Toilet Unit for the
Monte Bello BackpackCamp; agenda item 8, Cancellation of May 13, 1998 Regular Meeting
and Scheduling of May 6, 1998 Special Meeting; and Revised Claims 98-08. K. Nitz
seconded the motion. The motion passed 4 to 0.
V. BOARD BUSINESS
A. Agenda Item No. la. - Proposed Addition of Weaver Property to La Honda Creek
Qpcn Space Preserve; Determination that the Recommender Actions are Categorically
Exempt from the California Environmental Quality Act; Tentative Adoption of the
Preliminary Use and Management Plan, Including Naming the Property as an Addition
to La Honda Creek Oren Space Preserve; and Indicate their Intention to Withhold the
ProWjU from Dedication as Public Open Spa= (R=rt R-98-50).
D. Woods presented the staff report and showed slides of the property. Regarding the
mud slide on the Caltrans property, he said there was no more risk of that sliding onto
District land than in other places. He said they will be checking with Caltrans
regarding the future of that property. He said it was hard to tell whether it was an old
road bed, but he did not think so. N. Hanko said the picture made it look worse than it
really was
D. Woods said the area is closed because staff have not decided what to do with it yet.
He said there is no place to park on the road, as the frontage is all fairly steep. D.
Woods said they could find no fences that needed to be taken down.
D. Woods he didn't know if there were any steelhead in Weeks Creek, but there had
been no indication in the past. It appeared that it was an undisturbed watershed,
although there may be some obstructions down stream. He said some dirt and debris
did flow into the creek from the Caltrans property.
M. Williams outlined the proposed terms and conditions.
C. Britton said all of the easements and rights of way described were legal easements.
M. Williams said the District would not be required to make repairs on the easements,
but would have to grant access for maintenance.
Motion* N. Hanko 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 98-18 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 (La Honda Creek Open Space Preserve - Lands of
Weaver); tentatively adopt the Preliminary Use and Management
f
Meeting 98-09 Page 3
Plan recommendations contained in the staff report, including
naming the property as an addition to La Honda Creek Open Space
Preserve; and indicate their intention to withhold the property from
dedication as public open space at this time. P. Siemens seconded
the motion. The motion passed 6 to 0.
B. Agenda Item No. lb - Proposed Acnuisition and Addition of Aitken Prcm m to
Russian Ridgee Open Space Preserve; Determination that the Recommended Actions are
Categorically Exempt from the California Environmental Quality Act; Tentative
Adoption of the Preliminary Use and Management Plan Recommendations, Including
ming the PropoMy as an Addition to Russian Ridge Q= Space Preserve; and
Indicate their Intention to Dedicate the PropeM as Public Open Space - (E=rt R-98-
D. Woods pointed out the property on a map. He said M. Williams would talk about
the deed restrictions on the six acres that will be held in private ownership for
residential purposes. There is a house on the six acre parcel. He showed slides of the
property. He said there was a path on the forested section of the property which will
be useable by the public.
D. Woods said that the people who are buying the property know that the District plans
to use the main drive as a trail. This drive comes from Skyline and becomes the
southern boundary of the six acre parcel. He talked about the possibility of a trail
going around the property, stating that it would be looked at when the trail plan for the
whole preserve is reviewed. He said staff would have to look at the need and the
degree of scarring.
D. Woods said that cutting a future driveway entry through as access to the six acre
parcel from another direction in order to avoid conflicts on the trail would have more
impact on the landscape than anything else.
C. Britton there are at least three other houses that also use the existing driveway.
D. Wood said the D. Aitken is currently maintaining the access road. D. Aitken said
he thought it would be appropriate for the District to participate in the maintenance
though this is not a written condition.
C. Britton said the steep section of the road that goes up by Skyline is maintained by
the county as part of the agreement for the repeater site. The District has a policy on
road maintenance agreements and will work with the neighbors on the basis of use. He
said staff will give a copy of the District policy to the neighbors and discuss it with
them.
D. Woods said there is no immediate proposal for fencing around the property, but that
staff would need to think about that in context with uses on adjacent property. K. Nitz
said he was worried about wildlife traveling back and forth. C. Britton said staff
Meeting 98-09 Page 4
usually don't take old fences out but the fences don't keep wildlife out. D. Woods said
that would be part of an overall plan for the preserve.
In reference to page 9 of the agreement regarding District Trail Planning and
Construction, D. Woods said there was talk about where the property line would be
placed. The District wanted the property line off the top of the knoll so trail users
could go to the top. He said staff would do this in a responsible way with proper
signing.
D. Smernoff asked about the possibility of taking a trail from where gate 6 is toward
the hill to avoid people using the access road as a trail. D. Woods said one reason the
ridge trail was routed on the other side was to stay away from communication towers.
He said when staff look at the trails in the future they might be looking for alternatives
for re-routing and may have to separate uses.
M. Williams outlined the terms and conditions and showed the re-configuration of the
parcels. He described the development restriction which is a condition of the
transaction. He said staff does not anticipate problems with the county in regard to the
reconfiguration.
C. Britton stated that the zoning is RM and the county would issue a certificate of
compliance when the property is configured. He said this had been done before and
staff doesn't anticipate any problems.
M. Williams said the can rebuild the existing house and have auxiliary buildings. D.
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Aitken said the house had been designed b Frank Lloyd Wright's son in law and the
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current owners have no intention of doing anything to it. M. Williams pointed out that
in the development restriction the District has total design review and approval.
Don Aitken described his purchase of the 200 acres in partnership with three friends.
He said the plan had always been to ultimately convert the land to open space, and that
they had bought it for protection. He said they held it in common for the first ten
years, then had to divide it into four fifty-acre parcels. He said he was co-founder of
Committee for Green Foothills and was the second president following Wally Stegner;
George Norton was the third. He said for awhile he and his wife were very
discouraged that they had lost hold of the 200 acres, which contain a mile of Skyline
frontage. Then the District moved in and first bought Mt. Melville and prevented a
plan for a development of four parcels, and then acquired the Smith property and
worked out an arrangement to acquire about half of the Norton property. He gave
credit to the Kennedys who bought the house. He said the restrictions that have been
written in are remarkable restrictions and the Kennedys were exactly the right kind of
people. He said he and his wife feel incredibly blessed that that kind of people were
going up there.
Board members thanked Mr. Aitken and assured him the District would take good care
of the property.
Meeting 98-09 Page 5
Motion* N. Hanko 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 98-19 a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement, Authorizing Officer to
Execute Certificates of Acceptance of Grant to District and Grant and
Covenant of Restrictions, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to Closing of
the Transaction (Russian Ridge Open Space Preserve - Lands of Aitken,
Et Al.); tentatively adopt the Preliminary Use and Management Plan
recommendations contained in this report, including naming the property
as an addition to Russian Ridge Open Space Preserve; and indicated their
intention to dedicate the property as public open space. D. Smernoff
seconded the motion. The motion passed 6 to 0.
C. Agenda Item No. 2 -A�nroval of Lease Holdover Agreement and Authorization
for the General Manager to Execute the Lease Holdover Agreement with
Heritage Communications Inc. (ICI), Black Mountain, Monte Bello and
Rancho San Antonio Open Space Preserves - ($eport R-98-52).
M. Williams said he was present at this meeting to answer questions. He stated
that some sub-lessors have left and some are looking at alternative sites. He
said staff is talking to other potential tenants and also looking at the option of
restoring the site. One way or another, antennas and poles will be removed.
Motion: J. Cyr moved that the Board authorize the General Manager
to execute the Lease Holdover Agreement with Heritage
(TCl) for the communication facility on Black Mountain,
Monte Bello and Rancho San Antonio Open Space Preserves.
P. Siemens seconded the motion. The motion passed 6 to 0.
D. Agenda Item No. 3 - Authorization to Solicit Bids for Construction of the
Schilling Lake Spillway RepAir Project, Thornewood Onen Space Preserve -
(E=rt R-98-53).
R. Anderson pointed out the site map showing where the pond, dam and
H described what could be done regarding the
spillway were located. a desc t s a
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landslide. He explained why the dam should not be opened up. He said in
order to eliminate the dam staff would have to create the original configuration
of the stream which would be a bigger project than this one.
Michael Marshall, Los Altos don't understand why staff could not take out the
dam. R. Anderson explained that the could but it would be very expensive.
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C. Britton said staff would look into the cost of taking out the dam if the Board
wanted them to but he did not recommend it.
Meeting 98-09 Page 6
N. Hanko said that when the District acquired the property it was an addition to
Thornewood. They considered filling in the lake but the Board felt it was too valuable
a resource. She said it has turned out to be a place people seek.
Motion* K. Nitz moved that the Board authorize staff to solicit bids for
construction of the Schilling Lake Spillway Repair Project. D.
Smernoff seconded the motion.
Discussion* R. Anderson said there was professional liability insurance but no
guarantee; they want the repair to be permanent.
YD= The motion passed 6 to 0.
E. Azenda, Item No. 4 - Authorization for the General Manager to Execute the Permit to
Enter and Agreement Allowing Rhone-Poulenc, Inc. Access for the Purpose of
Wetland Restoration, Restoring Tidal Action to the Northern Salt Pond,Ravenswood
Q= Space Preserve- (E=rt R-9L54),
R. Anderson presented the staff report including background information. He said
Menlo Park had received the report. N. Hanko said East Palo Alto and the sanitary
district should receive it as well.
Mark Dewitt, Geomatrix, said the key element that R. Anderson presented was that
simply breaching the levy arbitrarily will not necessarily provide for ideal re-
establishment of natural wetlands conditions. He mentioned other consultants who
worked on the project. He described how the breaches would be done to direct the
tidal action into the original natural sloughs and inhibit tidal action into the barrow
ditches that are parallel to the levy. He described the process of approval of permits
that would be required to make the other two openings at this time.
R. Anderson will ask Phillips Williams to send a report and letter explaining how the
project will work. M. Dewitt said it took a relatively short time for the wetlands to the
south to come back and provide habitat.
R. Anderson explained how staff recognized "adequate compensation" which was
referred to on page 2 of the report in the last sentence before the CEQA information.
C. Britton said the only way they can value the benefit of the project is in terms of
money. He said the District was facing restoring this as wet land so there is a
tremendous benefit to the District in terms of cash outlay.
Motion: J. Cyr moved that the Board determine that the proposed actions are
categorically exempt under the California Environmental Quality Act
(CEQA) based on the findings contained in the staff report; and authorize
the General Manager to execute the Permit to Enter allowing Rhone-
Poulenc, Inc. access to the Ravenswood Open Space Preserve for the
Meeting 98-09 Page 7
purpose of restoring tidal action to the salt pond area. N. Hanko seconded
the motion. The motion passed 6 to 0.
F. Agenda Item No. 6 - Review of Prices and Policy Regarding ALenda, Minut es, and
Packet Subscriptions; Authorization Increasing Current Agenda Subscription Rates
to Reflect the Increases in Cost of Production, While Remaining Substantially Below
Actual Cost; and Development of the District's On-line Resources to Provide Access to
Agenda Materials Free of Charge via the Internet and E-mail - alMort R-98-5.5)L.
C. Britton explained that there is an attorney general's opinion on charges that can be
made. He said the District has never tried to recapture costs; and if people pick up
material at the office there is no charge.
N. Hanko suggested adding a third recommendation that would make it clear that
packet materials would be free if picked up at the office. B. Crowder suggested
adding, " . . and for personal pickup at the office" to the end of recommendation 2. C
Britton suggested since it is District policy not to charge people who come to the office
to pick up material, staff add this to the list of things to consider at a workshop on
procedural changes. Staff will continue to operate that way in the meantime.
Motion* P. Siemens moved that the Board authorize increasing current agenda
subscription rates to reflect the increased cost of production, while
remaining substantially below actual cost; and develop the District's on-
line resources to provide access to agenda materials free of charge via
the Internet, email, and personal pickup at the District office. J. Cyr
seconded the motion. The motion passed 6 to 0.
VI. INFORMATIONAL REPORTS
N. Hanko reported that the Coastal Ad Hoc Committee held their first meeting on April 16
on the Coast. 35-40 people attended. The second meeting is scheduled for May 6 with a
workshop scheduled for May 20.
D. Smernoff wished everyone happy Earth Day and said he had attended a sunrise service. He
announced Bay Area Action trail work days at Arastradeo, on April 25 and 26.
J. Cyr said the Use and Management Committee met Saturday at Fremont Older parking lot and the
Board might want to do a whole workshop on that. C. Britton and R. Anderson will talk with him
about it. He said he and D. Smernoff had the privilege of a private tour of the Fremont Older home.
K. Nitz said he took a docent hike on Edgewood Preserve and the wildflowers were
spectacular.
B. Crowder said she and C. Britton had attended a farewell party for Pat Sanchez, San
Mateo County Parks and Recreation Director. She said she, M. Davey, N. Hanko, and
C. Britton went to the Foothills Ranger Office for the presentation on the coast side. She,
Nifeting 98-09 Page 8
J. Cyr and M. Davey went to a docents meeting where the new docents were introduced.
She said she had gone to the dog meeting the previous night. She passed along to J. Cyr
an announcement of the Second Annual Indicators for a Sustainable San Mateo County on
Thursday, May 7 from 5-7 P.M.
C. Britton reported as follows: 1. Larry Coons told him the Taxpayers Association did
file an appeal on the lawsuit with the Federal Supreme Court. 2. The Sunnyvale State of
the City message is scheduled for April 29. 3. He noted the Bay Area Ridge Trail
Council walk at the Presidio on May 2. 4. The next docent planning meeting is July 14,
7-9 P.M. K. Nitz and N. Hanko said they would go. 5. R. Anderson made a
presentation for the San Mateo County Board of Supervisors regarding the Regional Open
Space Study. 6. The Warner Group gave an update on the operations program review to
the ad hoc committee last night. 7. He referred to the FYIs, stating that he had invited
Erik Vinck, Field Director of America Farmlands Trust, to come to the May 20 meeting
regarding the coast. The Monthly Field Activity Report was also in the FYIs. 8. He
announced a going away party tomorrow for Tom Karnofel. '
M. Smith talked about the information in the FYIs regarding inquiries to the District. He
said there was some press coverage prior to the first meeting on the Coast.
VII. ADJOURNMENT
At 9:37 P.M. the meeting was adjourned.
Roberta Wolfe
Recording Secretary