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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-18
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
August 12, 1998
I. ROLL CALL
President Betsy Crowder called the meeting to order at 6:00 P.M.
Members Present: David Smernoff, Mary Davey, Betsy Crowder, Ken Nitz, Jed
Cyr, and Peter Siemens.
Members Absent: Nonette Hanko
Personnel Present: Craig Britton and Sue Schectman.
H. CLOSED SESSION
B. Crowder stated that the Board would adjourn to Closed Session for the purpose
of discussing Closed Session Agenda Items 1, 2, 3 4, and 5.
The Board recessed to Closed Session at 6:01 P.M. and the Closed Session
commenced at 6:05 P.M. The Board concluded the Closed Session at 7:20 P.M.
and B. Crowder called the Regular Meeting to Order at 7:32 P.M. She noted that
no reportable actions had taken place in Closed Session.
Additional Personnel Present: Deirdre Dolan, Michael Williams, Mary de
Beauvieres, Gordon Baillie, Lisa Zadek, Del Woods, Matt Freeman, and David
Topley.
III. ORAI. COMMUNICATIONS
John Mason, 3341-2 Brittan Avenue, San Carlos, described the view from his home
at Brittan Heights Condominiums and asked that the matter of cutting the eucalyptus
trees on Pulgas Ridge Open Space Preserve be placed on a future agenda. He
expressed opposition to the tree cutting.
K. Nitz announced that Jodi Isaacs will be meeting with the neighborhood on
September 29 and said he would like a report from her on that meeting at the first
Board meeting in October.
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,Nanette Nanko, Betsy Crowder,Kenneth C.Nitz - General Manager:L.Craig Britton
Meeting 98-18 Page 2
C. Britton referred to a response to a written communication from Jeffrey and
Janice Fincher on the same subject. He told Mr. Mason removal of the trees would
be a 20-year project and that there would be an informational report from staff on
the October 14 agenda. Mr. Mason and other interested parties will be notified.
Sally Boyd, 3352 La Mesa Drive, San Carlos, resident at Brittan Heights
Condominiums, said that many of the residents do not want the trees cut. She read
a letter from one of her neighbors and said they want to maintain the greenness of
the area. In regard to replanting the area with native trees, she said it takes a long
time for trees to grow.
B. Crowder said she would like to amend the letter to the Finchers to make sure
they know there will be a neighborhood meeting.
IV. ADOPTION OF AGENDA
Motion* J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the
motion. The motion passed 6 to 0.
V. ADOPTION OF CONSENTN_ CAT ENDA_R_
Motion* J. Cyr moved that the Board adopt the Consent Calendar, including
approval of the minutes of the July 8 and July 22, 1998 Regular and
Special Meetings; replies to written communications from Mr. Peter
Donohue, 792 Arguello St., Redwood City; Jeffery and Janice Fincher,
3341 Brittan Avenue #9, San Carlos, amended to include notification of
the September 29 meeting with District staff; and Sharon Clifford, 2360
Damascus Ct., San Jose; agenda item 4, Air ho ' a ion to Solicit Bids
for Two All Terrain Vehicles; and Revised Claims 98-15. P. Siemens
seconded the motion. The motion passed 6 to 0.
VI. BOARD BUSI_NESS
A Agenda enda Item No. 1 - Fx=sed Addition of Lindner Pru=M to Mt. UmunhumArea of Sierra Azul Ones 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 Naming the Lindner EJQprjJy
an Addition to the Mt. Umunhum Area of Sierra Azul Oren Space Preserve:
and Indicate Their Intention to Withhold the Property from Dedication as Public
Qnen Space at This Time - (Report R-98-102).
i
Meeting 98-18 Page 3
M. Freeman showed the location on a map and presented slides of the property.
He said there are no structures of any kind on the property, and noted that this
is the largest unprotected area on the Loma Prieta ridge within District
boundaries between Loma Prieta and Mt. Umunhum.
M. Williams outlined the terms and conditions of the acquisition.
Motion: D. Smernoff 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 98-30 a Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of Purchase Agreement, Authorizing
Officer to Execute Certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (Sierra Azul Open Space Preserve - Lands of Lindner
et al.); tentatively adopt the Preliminary Use and Management
Plan recommendations contained in the staff report, including
naming the Lindner property as an addition to the Mt. Umunhum
area of Sierra Azul Open Space Preserve; and indicate their
intention to withhold the property from dedication as public open
space at this time. K. Nitz seconded the motion. The motion
passed 6 to 0.
B. Agenda Item No. 2 - Proposed Acnuisition of Undivided One-Half Interest in
the Nead et al. PropcM as an Addition to Long Ridge Qlcn Space Preserve;
Determination that the Recommended Actions are Catego, riCally Exempt from
the California Environmental Query Act; Tentative Adoption of the
Preliminary Use and Management Plan_ Recommendations Including Naming the
Nead et al. Pronely as an Addition to the Long Ridge Q= Snare Preserve;
and Indicate Their Intention to Withhold the Properly from Dedication as Public
Qnen Space at This Time - (E=rt R-98-1041.
S. Schectman addressed legal issues, referring to correspondence from attorneys
for the Mecklers and Neads. The Meckler's attorney asserted that the Neads did
not have the authority to convey their one-half interest to the District. The
Neads' attorney confirmed that the note and deed of trust will be removed
which is a condition of the purchase agreement. In addition, they have signed
an indemnity agreement that is an amendment to the purchase agreement.
D. Woods described the property and showed slides. He said he understood
Meeting 98-18 Page 4
that the buildings belong to the other half interest holder and they would have
rights to that area just as the District has certain rights to the property. He
showed on a map where Ward Road comes within 500 feet of the northwest
corner of the property and how to get to Oil Creek. D. Woods said he
understood that clients for the former use access the property on Ward Road
from the top. He said it was his understanding that bicycles were not supposed
to be on Ward Road.
C. Britton said when the District bought Long Ridge Ranch it was typical that
no one had an easement but it was based on use. He said they bought Long
Ridge for two reasons: 1. Bay Area Ridge Trail crossover. 2. In conjunction
with Sempervirens fund, they were looking for a way to get from Skyline to
Portola State Park. They looked at five alignments: Oil Creek, Ward Road,
Slade Creek, Peters Creek, and the Old Page Mill Road. He described the
sequence of acquisitions, noting that the District is the only agency willing to
acquire the half interest in this property. He said in the long run they would
probably transfer this property to the State or enter into a mutual management
agreement with the State.
M. Williams reported on the terms and conditions of the deal. He said the
property is subject to a joint ownership agreement. The Mecklers have a 30-day
right of first refusal. If they exercise that right, the District will not be able to
acquire this property. The District will work with the owners to reach a
mutually agreeable means of managing the property between public and private
uses. He said the other owner is not interested in selling at present.
Motion: M. Davey 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 98-31 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 (Long Ridge Open Space Preserve - Lands of Nead
et al.), with the purchase agreement amended to include the
indemnity agreement; tentatively adopt the Preliminary Use and
Management Plan recommendations contained in the staff report,
including naming the Nead et al. property as an addition to the
Long Ridge Open Space Preserve; and indicate their intention to
withhold the property from dedication as public open space at this
Meeting 98-18 Page 5
time. P. Siemens seconded the motion.
Discussion: Regarding the reference to a timber permit in the letter from
attorneys, M. Williams said neither he nor the Neads were aware
of one.
Vote: The motion passed 6 to 0.
M. Williams introduced Dennis and Carol Nead.
C. Agenda Item No. 3 - Final Adoption of an Amendment to the Use and
Manatyement Plan for Windy Hill Open Spacp Preserve to Upgrade the Spring
Ridge Picnic Area and Install a Commemorative Bench on Anniversary Trail -
(E=rt R-103).
M. de Beauvieres presented the staff report and showed a scale drawing and
slides of the project.
C. Britton said H. Haeussler's concerns about the hitching rail had been
addressed, as were the location of the picnic table in relation to the restroom
and the visibility of the sign.
M. de Beauvieres said the grading in the parking lot had not been done yet and
will be scheduled for this fall. It was tentatively approved at a previous
meeting. She said they have been working with POST regarding the bench.
C. Britton said the bench is commemorating Ward Payne, Tom Ford, and Mel
Lane. POST is giving $25,000 for improvements to the area.
M. de Beauvieres said the bench will be on Anniversary Trail close to the hang
gliding takeoff area.
Motion: K. Nitz moved that the Board adopt the amendment to the Use
and Management Plan for Windy Hill Open Space Preserve to
Upgrade the Spring Ridge Picnic Area and Install a
Commemorative Bench on Anniversary Trail. D. Smernoff
seconded the motion. The motion passed 6 to 0.
D. Agenda Item No. 5 - Authorization for the President of the Board of Directors
to SiLyn an Areument in Favor of the Advisory Measure for the November 3.
1998 Ballot Regarding Potential District Annexation of San Mateo County
Coastal Areas - (E=rt R-98-105).
Meeting 98-18 Page 6
M. Davey outlined the recommendations of the Ad Hoc Committee.
Motion: M. Davey moved that the Board authorize the President of the
Board of Directors to sign an argument in favor of the District
Advisory Measure for the November 3, 1998 ballot regarding
potential District annexation of San Mateo County Coastal Area.
D. Smernoff seconded the motion.
Discussion* In answer to a question about staff and Board involvement in the
election, S. Schectman said the law prohibits the use of District
funds or personnel to campaign on a measure; however,
individual Board members are free to express their views, and the
Board is allowed to take a position on a measure so long as it is a
publicly noticed item. They can sign arguments and pass a
resolution of opposition or support. There should be no other
involvement by District personnel.
Vote: The motion passed 6 to 0.
E. Agenda Item No. 6 - Right of Way Contract and Grant of Easement to Caltrans
for Emergency Repairs to State Route 84 aA Honda Road) - Thornewood Q=
Space Preserve and Determination that the Recommended Actions are
Statutorily Exempt from the California Environmental Quality Act - 1)9=rt R-
98-1
M. Williams presented the staff report.
S. Schectman added that one of the reasons this took so long was this was a
legal dispute in which Caltrans contended that the condition of the District's
property caused the slide while the District position was that it was the Caltrans
improvements that caused the slide because the site was otherwise in a natural
condition. They reached an agreement in January 1997. In the event of a
future dispute each party has reserved their rights.
C. Britton mentioned since this is dedicated land, the Board has to make an
additional finding as part of the resolution that the granting of the easement is
consistent with the primary use of the land.
S. Schectman said Caltrans agreed that the easement deed language is consistent
with the statute that says it cannot be conveyed to another entity and can
continue to be used for open space purposes.
Meeting 98-18 Page 7
Motion: M. Davey 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; and
adopt Resolution 98-32 a Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District Approving and
Authorizing Acceptance of a Right of Way Contract, Authorizing
the President of the Board or Other Appropriate Officer to
Execute an Easement Deed to State of California and Authorizing
General Manager to Execute Any and All Other Documents
Necessary or Appropriate to Closing the Transaction
(Thornewood Open Space Preserve - Caltrans). J. Cyr seconded
the motion. The motion passed 6 to 0.
VIE. INFORMATIONAL.REPORTS
P. Siemens gave staff a flier regarding an herbicide used in El Dorado County to
combat star thistle. He was informed that the District staff is using the herbicide,
Transline, at this time.
B. Crowder talked about her trip to Alaska and the Yukon.
D. Smernoff thanked the District for granting a permit for his wedding at Thornewood.
He submitted a letter of resignation, stating he was moving from the ward he
represented at the end of August. He said it had been an honor and pleasure to work
for the District and said he would continue to volunteer. Board and staff members
joined in a standing ovation to Director Smernoff.
C. Britton said the letter of resignation will be brought to the first meeting in
September for consideration by the Board.
J. Cyr said he had spent Sunday with Ranger Tom Randall in the southern part of the
District and had hiked in Rancho Guadalupe. He said he would be spending the next
day with Ranger Kerry Carlson on his evening shift and would like to spend a shift
with an OPEN SPACE TECHNICIAN. He asked to be informed about any
postponement of the burn scheduled for August 18. He mentioned a letter to the editor
which appeared in the San Jose Mercury News and was related to the District.
K. Nitz said he had spent Sunday in the District's information booth at Cupertino's Art
and Wine Festival. C. Britton said volunteers are being trained to work at the
Mountain View festival.
Meeting 98-18 Page 8
C. Britton reported as follows: 1. He gave an update on the State budget which
includes a 25% cut in vehicle fees. He referred to a letter to Gov. Wilson in the FYIs
supporting the budget line item earmarking $450,000 for development of the riding and
hiking trails transferred to the District by AB1366. 2. There was a memo in the FYIs
regarding addition of the Georgette Managhan 1/42 interest in the Kirschbaum
property, the third 1/42 interest acquired by the District. 3. A memo in the FYIs
talked about providing retail stores with District maps. 4. There was a meeting notice
in FYIs which was sent out to those interested in the Basic Policy document adoption
which was scheduled to be heard at this meeting. It will be rescheduled, probably in
late November. 5. The Sonoma County Farm Bureau list of problems with trails was
in the FYIs. 6. There was a letter regarding a running incident at Rancho. He did not
think it was appropriate to issue permits for group uses of any kind and that events such
as the one that occurred should not take place at that preserve.
D. Dolan mentioned that she needed Board Members' signatures for the booklet for the
staff recognition event on September 15. She informed the Board that the District
saved $39,000 by not listing unopposed Board candidates on the ballot.
D. Woods said he attended the Bay Trail Project reception for Senator Lockyer in
honor of his retirement and his vision in sponsoring the Bay Trail.
VIII. ADJOURNMENT
At 8:55 P.M. the meeting was adjourned.
Roberta Wolfe
Recording Secretary