HomeMy Public PortalAbout19980624 - Minutes - Board of Directors (BOD) Regional Open �jjace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-15
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
June 24, 1998
MINUTES
I. ROLL CALL
President Bets Crowder called the meeting to order at 6:30 P.M.
Y g
Members Present: David Smernof� Peter Siemens, Mary Davey, Betsy Crowder,
Nonette Hanko, Ken Nita, and Jed Cyr
Members Absent: None
Personnel Present: Craig Britton.
11. CLOSED SESSION
B. Crowder 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 6:30 P.M. and the Closed Session commenced at
6:35 P.M. The Board concluded the Closed Session at 7:30 P.M. and B. Crowder called
the Regular Meeting to Order at 7:34 P.M. She noted that no reportable actions had
taken place in Closed Session and that the Closed Session would be continued at the
conclusion of the Regular Meeting.
Additional Personnel Present: Deirdre Dolan, John Escobar, Jodi Isaacs, Malcolm Smith,
Michael Williams, Randy Anderson,Del Woods, Sue Schectman, and Lisa Zadek.
III. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highlands Circle, Los Altos, said he appreciated that the book
containing the agenda packet had all the current information in it. He had a question
about the possibility of a delay of the Windy Hill parking lot dedication because of the
telephone lines. He related an experience at Windy Hill where a bicyclist asked him to talk
to his family about how to act around horses.
C. Britton said that in response to Mr. Bourke's comments at the last meeting, Visa card
expenses were broken down on the claims list.
330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
FAX: 650-691-0485 • E-mail:mrosd@openspace.org • Web Cite:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Nanko,Betsy C,owder,Kenneth C.Nitz • General Manager:L.Craig Britton
4 .
Meeting 98-15 Page 2
IV. ADOPTION OF AGENDA
Motion: D. Smernoff moved that the Board adopt the agenda. K. Nitz seconded
the motion. The motion passed 7 to 0.
V. ADOPTION OF CONSENT CALENDAR
N. Hanko requested removal of the a draft response to a written communication from Mr.
Steve Wolf, swolf@octopus.wr.usgs.gov;K. Nitz removed agenda item 8,EjjW
Adoption of an Amendment to the Use and Management Plan for Windy 10 Open Space
Preserve to Upgrade the Spring Ridge Picnic Area and Install a Commemorative Bench on
Anniversary Trail; and B. Crowder had a question regarding an item on the Revised
Claims Est.
Regarding Claim 4334, Jens Hansen Company, Inc. C. Britton said this was the contractor
for the improvements at Windy Hill. The claim will be pulled until M. de Beauvieres
returns and can answer B. Crowder's question.
Motion* N. Hanko,moved that the Board adopt the Consent Calendar including
agenda item 6,Proposed Amendment to Purchase Agreement for
Acquisition of Aitken Proper Addition to Russian Ridge Open Space
Preserve- including adoption of Resolution 98-25 a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Amendment to Purchase Agreement,
Authorizing Officer to Execute Grant Deed to Complete the Boundary
Reconfiguration of Parcels, 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.);
agenda item 7,Final Approval of Amendments to the Site Naming and
Gift Recom-dtion Policy; agenda item 9,Final Adgption of an Amendment
to the Use and Management Plan for Monte Bello Open Space Preserve to
Reconfigure the Black Mountain Backpack Camp and Revise the
Conditional Use Permit with the C4 of Palo Alto; agenda item 10,EiLw
Adoption of an Amendment to the Use and Management Plan for the
Hickory Oak Ridge Area of Long Ridge Open Space Preserve to Realign
Approximate ly .01 Mile Segment of the Bay Area Ridge Trail; and
Revised Claims 98-12 except for Claim 4334. D. Smernoff seconded the
motion. The motion passed 7 to 0.
VI. WRITTEN CONDAUNICATIONS
N. Hanko said she thought the draft response to a written communication from Mr. Steve
Wolf was argumentative and she liked the prior letter sent to him better. She had a copy
of the McGinnis study on dogs done in 1987 and said she thought it was still applicable.
She thought it should be sent to Mr. Wolf and that new Board Members might want to
read it as well.
Meeting 98-15 Page 3
J. Cyr suggested changing the second paragraph, second sentence of the draft letter to
read "Many people from throughout the District enjoy this access, including those who . .
and last sentence to read, ". . . who chooses to walk his or her dog . . ."
Motion: P. Siemens moved that the Board direct staff to work with N. Hanko on a
revised response. M. Davey seconded the motion. The motion passed 7 to
0.
C. Britton said staff would submit a draft response to the letter from Jean Rusmore
regarding ECDM study area 2.
VII. BOARD BUSINESS
A. Agenda Item No. 1 -Resolution Declaring the Board's Intent to Establish an
Advisory Committee for the Purpose of Reviewing and Recommending Revisions
to District policies as They Relate to the Coastal_Area of San Mateo County
Under Consideration for Possible Annexation Into the District—(ftort
C. Britton noted that a number of letters and a-mails regarding Items 1, 2 and 3
had been received after the agenda packet was mailed. Board Members expressed
concern about not receiving such communications in time to review them prior to
the meeting. Following discussion, it was agreed that staff would fax or e-mail
them to Board Members as they were received, or provide a summary of those that
came in at the last minute.
N. Hanko said the ad hoc committee had not come to grips as to whether the
advisory committee should be a permanent body if the annexation is successful.
She felt there should be a permanent committee. She said their charter now is to
look at reviewing specific District policies to come up with issues that they see as
important to the coast.
H. Haeussler said he felt it was unfair to make different policies for the coastal
area, and if they make policy changes they should be all inclusive. He asked why
they were wasting time when the vote has not yet passed.
N. Hanko said the coast consists of a good deal of agricultural lands which we do
not have within District boundaries. She said they need to address agricultural
uses and eminent domain as it pertains to preserving agricultural land, but that
does not mean they should not change policy for the rest of the District too. She
said there would be hearings so all policies could be looked at.
P. Siemens said he would expect that whatever policies were adopted would apply
to the whole District.
N. Hanko answered Mr. Haeuessler's second question, stating they recognize
through hearings on the coast that there are issues they need to address and they
want to assure people that this Board is willing to do that.
Meeting 98-15 Page 4
Michael Murphy, 2100 Lobitos Creek Road Half Moon Ba Rural Coast
Y�
Advisory Council, said they do need this committee and need to work out policies.
He said it would be sensible to work out policies first, then have an election. By
going through a process of working out sensible policies with the 42 stakeholders
listed, they could gain their support. He said if they have the election first, they are
asking people to vote on policies they have not written. They have a chance to
build consensus and get support behind the Board. He said if it were not for the
eminent domain policies he would be the biggest supporter of annexation. He said
those policies are antithetical to them. He referred to his letter which was included
in the Board's packet.
N. Hanko responded that the work the District has been doing in studying this
matter has ended up with a lot of time spent by staff and Board. She said they
need to know whether there is serious interest on the coast before they continue.
She said they expect that people will take them at their word when they read the
resolution. The committee feels strongly they should do this before they spend
more time and money.
M. Davey said the District's first eminent domain policy was forged over a period
of two years. They have less than five months to forge another one. She said this
is an advisory vote and they hope it will give them the confidence to move ahead
with some certainty.
Mr. Murphy said they have spent money on a survey that says they have support.
Now there is less support. He said they are authorizing$78,000 which comes out
of funds which could be used to acquire new open space. He said if the District
doesn't postpone the vote, they have to oppose it.
B. Crowder said this is not an election to annex the coast but is advisory to ask if
they want to be annexed.
H. Hanko said the poll indicated there was not a substantial change in attitude
accordingto Mr. Godbe and that there is still a substantial majority supporting the
J tI' PP g
annexation. Mr. Murphy said eminent domain is the only issue and he thought the
Board's own logic supported postponing the vote.
Timothy Duff, P. O. Box 370575, Montara, Coastal Co-chair of the Sierra Club
Land Use Committee, Loma Prieta Chapter, described the group's activities and
expressed support for staff's recommendations on items 1 and 2. He said he
would expect that members of the group would be actively campaigning for the
measure if it is on the ballot. He disagreed with delaying the vote and said he
thought it was prudent to find out how voters feel. He noted there is program
support for eminent domain in the local Coastal Plan, Policy 10.46.
N. Hanko referred to the proposed resolution and said she thought it was clear as
to the policies of the Board on agricultural land and eminent domain.
Meeting 98-15 Page 5
Leonard Woren, P. O. Box 1375, El Granada, said eminent domain is an integral
part of what the District needs in order to operate on the coast side. He said the
question is why people are against it and asked what is the evidence that the
District will be taking people's houses. He urged them to go forward with the
advisory election, stating that time is important. There have been consistent attacks
on McNee Ranch and they have lost Cascade Ranch. He said he was an elected
turned out incumbents who
official who ran on a slow growth platform and to ed o
0 81'
appeared to be in favor of growth at any price. He believed his view of where the
coast needs to go is widely shared by the voters. He said they need to do a careful
evaluation of the technical and political issues.
Chuck Kozak, P. O. Box 370702, Montara, spoke regarding the advisory
committee and why he supported the configuration as it was being proposed
tonight. He said the people he has worked with like the way the District operates.
Based on that, he urged them to go forward with items 1 and 2 as presented. He
said he had read the resolution and had no problem with it.
P. Siemens said he was concerned about clarifying what the District will do after
the election. He said he thought they were making a policy commitment in the
resolution. He suggested changing Paragraph 5 of the resolution to read as
follows: "Whereas, the Board of Directors specifically intends to review: (1)the
policy on land acquisition, focusing on alternative methods of preservation such as
purchase of conservation easements; (2)the policy of eminent domain, specifically
stating that acquisition of agricultural or ranch lands on the coast will be from
willing sellers only, and that the District would not use eminent domain to acquire
anyone's homes; (3) and the policy of agricultural use, focusing on ways and
means of preserving agricultural use on the coast, such as purchase of development
rights or agricultural conservation easements; and (4)other policies as identified in
the future; and". He expressed concern about the advisory board, stating that
perhaps the committee should have someone not appointed by the Board.
Following discussion, C. Britton responded that it was not a suggestion that they
make a decision as to how the committee would be constituted. If the advisory
vote passes, the ad hoc committee will come back to the Board immediately with a
recommendation on how to form the advisory committee.
By consensus, Board members agreed with P. Siemens' suggestions regarding the
amendment to the resolution.
K. Nitz commented that the recommended advisory committee does not have
anyone from the farm bureau or other agricultural committee.
H. Haeussler said the proposed advisory committee representatives would all be
from the San Mateo Coast and asked why there was not a representative from
people who are currently in the District. B. Crowder said the elected Board
members represented those people. Other Board members felt that Mr. Haeuessler
Meeting 98-15 Page 6
had made a good point.
Motion: M. Davey moved that the Board adopt Resolution 98-26 a
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Declaring the Board of Directors' Intention to
Establish an Advisory Committee to Review and Recommend
Revisions to Policies Related to the San Mateo County Coastal
Area Under Consideration for Annexation, as amended, subsequent
to voter consideration of an advisory ballot measure on November
3, 1998. J. Cyr seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2-Resolution Calling an Advisory Election and Reaues inQ
Election Consolidation and Administrative Services- San Mateo County—(H=ort
R-98-87).
C. Britton noted that the executive summary on the opinion poll was contained in
the FYIs.
Motion: N. Hanko moved that the Board adopt Resolution 98-27 a
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Calling an Advisory Election and Requesting
Election Consolidation and Administrative Services—San Mateo
County. D. Smernoff seconded the motion.
Discussion: H. Hauessler said if the people on the coast want to come into the District,
they should pay for the election, not those currently in the District. S.
Schectman said there is no legal mechanism to collect funds from an area
that had not been annexed.
C. Britton stated that they remain hopeful of receiving a grant from
the Packard Foundation. P. Siemens said he believed it was in the
interest of their constituents to expand to the coast. H. Hanko
commented that the poll shows that 88% of the District
n i h co stituants support the idea of annexing the coast.
M. Murphy asked how many people in the rural area were ask ed
and what the results were. He was informed that 8-10 people in the
southern area were polled. Mr. Murphy said he had hoped they
would have polled a bigger sampling and could talk about limiting
the vote to those who live in Half Moon Bay and north. He said
the rural coast does not think annexation is a good idea.
B. Crowder noted that the area is not all coastal, there is a large
amount of forested land as well. N. Hanko said that if the south
coast does not want to be annexed, it will be obvious after the
election.
Meeting 98-15 Page 7
April Vargas, P. O. Box 370265, Montara, red a letter from Zoe
Kersteen-Tucker, in which she thanked the District for their
commitment to protecting open space. She said suburban sprawl is
gobbling up open space, and nowhere is it more obvious than on
the coast. The financial incentive to develop is tremendous. She
said now is the time to move ahead and urged the Board to place an
advisory vote on the November ballot. She also asked that they
establish a coastal advisory committee upon approval of the
November ballot measure. She said the coastside represents a
unique blend of rural, agricultural and urban lands, and policies
must be carefully crafted to preserve and enhance the character of
the coast. She said the process must not be rushed and must be
contingent on the results of the election; formulating policies prior
to an election seemed to be a waste of time.
C. Kozak said he would like the Board and audience to keep in
mind that what is being voted on is not eminent domain or taxing or
buying property. Rather it is the MROSD asking the citizens on the
coast if they want to come into the District. Regarding the poll, he
said considering how quiet proponents kept and considering the
general press coverage of the convent issue, he was happily
surprised to see only a 6% drop, and the general level of solid
support went up between polls.
C. Britton read the results of the poll as follows: Pescadero south—
20%yes. Half Moon Bay—52%yes. El Granada—61%yes.
Loma Mar—501/o yes. Montana—55%. He had tallied the letters
received on the subject for tonight's agenda; 28 said yes and one
said no. He pointed out a letter from an East Palo Alto council
person who was in favor of the election and wanted to meet with
the District to talk about social equity regarding housing. There
will be a proposed reply in the packet next meeting. P. Siemens
said the fact that they passed a resolution on item 1 is a clear
statement of policy change already.
Vote: The motion passed 7 to 0.
Motion; P. Siemens moved that the Board authorize the budget expenditures of
$18,100 for the election expenses for this advisory measure..M. Davey
seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 3- Consider Authorizing Staff to Commence with Preliminary
Research and Planning Process for Any Potential San Mateo Coastal Annexation
and Authorization for a Budget Transfer from the New Land Purchases Category
in the Amount of$60.000 to Cover the Estimated Cost of this Preliminary Process
---(&port R-98-901
Meeting 98-15 Page 8
B. Crowder referred to the Ad Hoc Committee recommendations contained in the
report. C. Britton added that in their May 20 workshop they asked that staff do all
the work up to the formal decision by the Board to go forward. He said even if
they start the work now, they might not be able to finish the.preliminary work
prior to the advisory vote. He said a total of$111,000 would be spent if they
approve the proposed budget transfer. He broke the costs down as follows:
$25,000 for the original poll, $8,000 for the follow-up poll, $18,000 for the
advisory election, and this proposal of$60,000. He said he understood that the
grant would cover all of those costs, if approved.
H. Haeussler said they should wait until they get approval and he thought they
were wasting money. C. Britton said staff would come back to the Board
immediately following the election and that the Board could state that if the vote is
not positive, staff should suspend any further activity until the next meeting.
N. Hanko said she felt it was important to spend what they needed to in order to
take the advisory vote to the coast. The poll was clear that the existing district is
in favor of the annexation.
Motion; M. Davey moved that the Board authorize staff to commence with
preliminary research, data collection and planning studies for a
potential San Mateo County cost annexation; and authorize a
budget transfer from the new land purchases category in the
amount of$60,000 to cover the estimated cost of this preliminary
process. P. Siemens seconded the motion. The motion passed 7 to
0.
There was a recess from 8:56-9:10 P.M.
D. Agenda Item No. 4-Authorization for the General Manager to Execute an
Ageement to Retain Timothy C. Best- Certified Engineering Geologist. in the
Amount of$15.000 for Consulting Services on Road and Trail Repairs and
Maintenance at Purisima Creek Redwoods Open Space Preserve(S6.00 and El
Corte de Madera Open Space Preserve($9.000);Determin&fion that the Pa=sed
Watershed Assessment Project is Categorica4 Exempt from the California
Environmental Quality Act;and Authorization for the General Manager to Execute
an Agmement with Coyote Creek Riparian Station in the Amount of$12.000 to
Provide Hydrological Consulting Services for Watershed and Fisheries Assessment
at El Corte de Madera Open Space Preserve—($sport R 98-82).
R. Anderson noted that this proposal combined three projects. Two were in
response to storm damage(Purisima Creek Trail and ECDM). Responding to a
question about using outside consultants, R. Anderson said staff has some
knowledge and experience relative to the geology but needed the best experience
they can get. He said most of Timothy Best's work has focused on logging but
they have learned a lot about road building.
Meeting 98-15 Page 9
R. Anderson said the study does pertain to trail segment 79 (Devil's Staircase)as it
pertains to sandstone and tree roots of the Douglas Fir from a maintenance
standpoint only. He said the report would have to be coordinated with planning,
but it would be desirable to consider the consultant's findings. C. Britton referred
to a memo in the FYIs from M. de Beauvieres stating that the trail system plan for
Study Area 2 will not come back to the Board until late fall.
R. Anderson said Timothy's Best's scope of work includes assessing every
segment from a maintenance and erosion control standpoint. He should be ready
to report in 60-90 days. The study is based on the official trail mileage. C. Britton
told the Board that they again would try to time it so this report will be available
when theyagain look at Stud Area 2. He id m f this i min said some o t s s co out of the
g Y 8
FEMA budget and explained that this was the District's money that was put aside
for these repairs. They have applied for$700,000 from FEMA.
R. Anderson said Timothy Best will produce something that could be considered a
handbook or a set of standards that would be of lasting value. He said staff has
purchased the GPS units.
B. Crowder said she had a call with questions in regard to Coyote Creek Riparian
Station. J. Isaacs said CCRS uses volunteers and interns extensively and there
might be concern as to the consistentency of their data. She said this is much more
of an inventory stage, after which they might consider using a consulting agency.
They need to gather data and know what the specific questions are. She said she
feels confident with CCRS, and they are looking for long term trends. J. Isaacs
said it could not be done in a couple of months as there is a lot of land and there
are many issues.
R. Anderson said that Timothy Best seems to understand the issues regarding
bicycles.
Motion: P. Siemens moved that the Board determine that the proposed
watershed assessment project is categorically exempt from the
California Environmental Quality Act(CEQA), based on the
findings contained in the staff report; authorize the General
Manager to execute an agreement with Timothy C. Best in the
amount of$15,000 to provide geological consulting services for
road and trail repairs and maintenance at Purisima Creek Redwoods
Open Space Preserve($6,000) and El Corte de Madera Open
Space Preserve($9,000); and authorize the General Manager to
execute an agreement with Coyote Creek Riparian Station in the
amount of$12,000 to provide hydrological consulting services for
watershed and fisheries assessment at El Corte de Madera Open
Space Preserve. J. Cyr seconded the motion. The motion passed 7
to 0.
II
Meeting 98-15 Page 10
E. Agenda Item No. 5-Approval of Salary Adjustment for the Controller and
Approval of Amendment to Controller's Emplo=ent Agreement-ftport R-98-
W
Motion- N. Hanko moved that the Board, as a result of their evaluation of
the Controller's performance for the period of April 1, 1997
through March 31, 1998, and the Ad Hoc Board Appointee
Evaluation Committee recommendation, approve a salary increase
to $15,000 per annum retroactive to April 1, 1998 and computer
equipment reimbursement up to $2,800; and adopt Resolution 98-
28 a Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving 1998-1999 Salary
Adjustment for the Controller and Approving Amendment to
Controller Employment Agreement. D. Smernoff seconded the
motion. The motion passed 7 to 0.
G. Agenda Item No. 8—Final Adoption of an Amendment to the Use and
Management Plan for Windy ILL Open Space Preserve to Upgrade the Spring
Ridge Picnic Area and Install a Commemorative Bench on Anniversary Try—
(Uport R-9886)
K. Nitz said the Windy Hill sign seems to be far from where it could be seen. In
addition, a picnic table is close to the restroom and the hitching rail is next to a
table. Discussion followed regarding continuing the item until M. de Beauvieres
could be present to answer questions. C. Britton said he would not like to hold up
placement of the commemorative bench and plaque.
Motion: J. Cyr moved that the Board approve placement of the bench and
plaque.
Discussion: H. Haeussler suggested that they make sure the fence is strong
enough where the hitching rail is. He said there should be I lfeet of
space between the trail and the fence. Staff will contact him.
Second- D. Smernoff seconded the motion.
Amendment: Following further discussion of continuing the item, J. Cyr amended
his motion to include installation of the restroom if it arrives. D.
Smernoff seconded the amended motion.
Yale.,, motion carried 7 to 0.
H. Agenda Item No. 11 -Approval of Subsequent Settlement Agreement Documents
for Proposed Acquisition of the Russian Convent of Our Lady of Vladimir Inc.
PropeW Creatina the Mills Creek Open Space Preserve;Determination that the
Recommended Actions are Categoricab Exempt from the California
Environmental_ O Wi ,y A t;_Authorization for the Execution of the Real Estate
t
Meeting 98-15 Page 11
Purchase Agreement and Attached Documents Between the District and Russian
Convent of Our Lady of Vladimir. Inc. Implementing the Settlement and General
Release greement Signed Between the Parties on April 8, 1998; Adoption of the
Preliminary Use and Management Plan_ Including Naming the Propguy Mills
Creek Open Space Preserve; Indicate their Intention Upon A"misition to Dedicate
the Fee and Open Space Easement Portions of the Proper"Public Open Spare"
and Reaffirm Authorization for the General Manager to Enter Into an A eemen
for Professional Services to Seek an Alternative Site,1 pon Renuest by Russian
Convent of Our Lady of Vladimir, Inc. — eport R-98-89I
D. Woods presented a brief overview of the project and showed on a map how the
property is proposed to be divided. He pointed out on page 5, section B, where it
states where the auxiliary structure can be located. On page 6 under planning
conditions, it states that all density credits and development rights on all portions
of the property are being reserved to the convent's 24 acres. He referred to the
preliminary Use and Management Plan, noting that it states that the public has to
come through the convent property for now. He said the easement can be
relocated in the future, but only on slopes of less than 20% and screening would
have to be installed under certain conditions.
D. Woods said the convent will maintain the existing road structure. He pointed
out the sections that would be allowed to return to vegetation. He also pointed
out changes to recommendation 2 to include the right of first refusal and
rewording of Section 4, dedication, to be explicit that the portion of the District
property that is being purchased in fee would be dedicated as public open space
and that the open space easement would be dedicated for open space purposes.
There were other changes including the date of the Mediation Agreement(August,
1997); the Open Space Easement (exclude the provision for additional insured);
the Patrol and Maintenance Access Easement(eliminate"no less than");the last
page(grantors, not grantees); and the two sections that address insurance that
should be omitted.
D. Woods showed the route of the monthly patrol. He said there was no specific
locations for fences but there are provisions in the Open Space Easement. He said
there is a special provision about what they would look like and some provisions
regarding privacy for the convent.
Discussion followed regarding the accuracy of the map. C. Britton said the record
of survey map will be accurate.
S. Schectman said 30 people will be allowed on each of the docent hikes.
Al Bell, 12130 Skyline Boulevard, Woodside, asked if the District had the right of
first refusal in the event the convent would sell the property or not get the permits
they want. S. Schectman said they did.
M. Williams outlined the terms of the purchase and clarified that re-authorization
Meeting 98-15 Page 12
for site relocation services was only in the event the convent requested it of the
District.
S. Schectman pointed out that at the present time it may be difficult to get a usable
trail in there but in the Settlement Agreement the Convent has pledged to work in
good faith to determine whether or not there would be an ability to bring a trail
close to their property boundary or traversing the northwest corner as long as it is
not more than 15 feet inside the property. She said this had been a long, difficult
and challenging process for both sides. She expressed her appreciation to
everyone. She said it was a team project but D. Woods had worked particularly
hard. She also thanked Lisa Zadek and Colleen Doherty, attorney for the Convent.
C. Britton acknowledged S: Schectman's efforts.
Motion* D. Smemoff 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. P. Siemens
seconded the motion. The motion passed 6 to 1. M. Davey voted
no and stated she would vote no on all five recommendations
because she believed this land should remain open space and should
remain f part o the greenbelt along Skyline. She said she.
appreciated the spirit of good will and good faith and thanked staff
PP P g
for their hard work in achieving the compromise.
Motiona J. Cyr moved that the Board adopt Resolution 98-29 a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement amended to add the right
of first refusal; Authorizing Officer to Execute Certificate of Acceptance of
Grant to District and other Settlement Documents, and authorizing General
Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction(Mills Creek Open Space
Preserve—Lands of Russian Convent of Our Lady of Vladimir, Inc.). J.
C n Cyr seconded the motion. The motion passed 5-2 (Directors Davey and
Smemoff voted no).
Motion, P. Siemens moved that the Board adopt the Preliminary Use and
Management Plan recommendations contained in the staff report, including
naming the property Mills Creek Open Space Preserve. I Cyr seconded
the motion. The motion passed 6 to 1. M. Davey voted no.
Motion- P. Siemens moved that the Board indicate their intention upon acquisition
to dedicate the portion of the District property that is being purchased in
fee as public open space and that the open space easement would be
dedicated for open space purposes . I Cyr seconded the motion. The
motion passed 6 to 1. M. Davey voted no.
Motion: P. Siemens moved that the Board reaffirm authorization for General
Manager to enter into an agreement for professional services to seek an
Meeting 98-15 Page 13
alternative site, upon request by Russian Convent of Our Lady of Vladimir,
Inc. J. Cyr seconded the motion.
Discussion: N. Hanko said it had not come to public attention that the Board was so
strong in finding an alternate site. She said to the Convent that if they
change their mind she would be willing to find an alternate site even if it
was on District land.
Vote: The motion passed 6 to 1. M. Davey voted no.
VIII. INFORMATIONAL REPORTS
B. Crowder attended the San Mateo County Supervisors meeting where they were
reviewing the budget for the parks department. She and M. Davey had attended Ted
Lempert's birthday parry which was also a fund raiser.
C. Britton reported as follows: 1. He had a brochure called Americans for Our Heritage
from the conference in New Orleans. It provided an opportunity to join the campaign for
full funding of the land and water fund. In addition, he said there was a free Greener
California Conference at the Presidio in San Francisco on full funding sponsored by the
Trust for Public Land. 2. The FYIs contained a notice of ergonomics training on Monday
from 10-11 and Board members were welcome to attend.
M. Smith said the Windy Hill parking lot dedication ceremony is July 15 at 4:00 P.M.
C. Britton referred to H. Haeussler's question about opening the parking lot if the
undergrounding has not occurred. The District has asked Portola Valley to relieve them
of that responsibility and they are meeting tonight. They would still go ahead with the
opening celebration and are doing everything they can to get it done. S. Schectman said
she and the town attorney are going to do what they can.
IX. ADJOURNMENT
At 10:25 P.M. B. Crowder announced that the Board was adjourning to Closed Session to
continue discussion of Closed Session Agenda Items 1 and 2.
Roberta Wolfe
Recording Secretary