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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