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HomeMy Public PortalAbout19981028 - Minutes - Board of Directors (BOD) Regional Open Sj --e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-25 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS October 28, 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 5:35 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, Peter Siemens,Nonette Hanko, and Deane Little. Members Absent: None. Staff Present: Craig Britton, Sue Schectman, 11. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items, 1, 2, and 3. The Board recessed to Closed Session at 5:37 P.M. and the Closed Session commenced at 5:38 P.M. The Board concluded the Closed Session at 7:15 P.M. B. Crowder stated that the Board would adjourn to a meeting of the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. The Board concluded the meeting of the Midpeninsula Regional Open Space District Financing Authority at 7:30 P.M. and B. Crowder called the Regular Meeting to order at 7:35 P.M. She noted that no reportable actions had taken place in Closed Sessiqn and that the Closed Session would be continued at the conclusion of the Regular Meeting for discussion of Closed Session Agenda Item 3. Additional Personnel Present* Mike Foster, Malcolm Smith, Randy Anderson, Michael Williams, Del Woods, Gordon Baillie, Deirdre Dolan, and John Escobar. IV. ORAL COMMUNICATIONS -None. V. ADOPTION OF AGENDA 330 Distel Circle . Los Altos, CA 94022-1404 * Phone: 650-691-1200 FAX: 650-691-0485 . E-mail: mrosclotiopenspace.org e Web site:www.ol)enspice.org Board of Oirp,tor, Pete sienwnrn,,vl.iry C Davey,led(vr, Deane Little,Nonette Fianko,Betsv Crowder,Kenneth C.Nitz . General Uim�qvr:L.Craig Wilton Meeting 98-25 Page 2 lion% 4 1 Cyr moved that the Board adopt the agenda. K. Nitz seconded the Twtion. The motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR Harry Haeussler, 1094 Highlands Circle, Los Altos, removed Revised Claims 98-19 from the Consent Calendar, questioning why claims 5013 and 5043 were being approved before the Board had approved the acquisitions. Motion* I Cyr moved that the Board adopt the Consent Calendar including agenda item 5, Cancellation of November i l and November 25 Regular Meetings and Scheduling of November 12 and November 18 Special Meetings. P. Siemens seconded the motion. The motion passed 7 to 0. VU. BOARD BUSINESS A. Agenda Item No. 1 -Proposed Addition of Girdner Property to Saratoga Cap Q= Space Preserve; Determination that the Recommended Actions are Categorically Ex=Vt from the California Environmental Q all , Act;Tentative Adoption of the Preliminary Use and Management Plan Recommendations- Including Naming the Prol2eM as an Additio to Saratoga Gap 012en Space Preserve; and Indicate Their Intention to Withhold Dedication of the Prol2eM as Public Open Space at This Time—(&port R-98-122), D. Woods presented the staff report, noting that staff had written to the state to get their concurrence to sign the upper trail as open and to make sure it is managed according to the rest of the trail system as far as use by equestrians and dogs. He showed where the trail ends and said they need to post it closed at the end because it leads to private property. He said there was not evidence of use by horses. He said both the District and state maps would be changed. C. Britton said the reason the trail connection is open to the ridge top is there is a lot of use already going on, and it does not appear that it has damaged the land. He said they would not be mapping and signing it now, but he did not think the District would be successful in closing it. D. Woods said at a minimum they would install the District's boundary signs. He said there is no line of demarcation between this property and the State park. He estimated that the Ridge Trail has been in place at that location for six or seven years. M. Williams outlined the terms and conditions of the acquisition. C. Britton said the District is withholding dedication because it is the only parcel the District owns on the easterly side of Highway 9 and it is surrounded by private property. i Meeting 98-25 Page 3 I The boundaries may need to be adjusted in the future. He said if staff is able to acquire additional land he would like to work with the county and state to get some kind of joint management arrangement. M. Williams said there is an old logging road on the property but he knew of no structures. He said the property had not been logged in recent history. C. Britton saluted M. Williams' efforts on acquiring the property, noting that staff had been looking at it for years. He said this was an excellent price and was a tribute to M. Williams' ability to negotiate. Motion: I Cyr 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 98-42 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute P 8r g 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 (Saratoga Gap Open Space Preserve-Lands of Girdner); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to Saratoga Gap Open Space Preserve; and indicate their intention to withhold dedication of the property as public open space at this time. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2-Proposed Acquisition of an Additional One-Sixth Interest in the Former Laye- Et Al. Property From the Estate of Philip S. Sanfilipno as an Addition to Sierra Azul Open Space Preserve;Determination that the Recommended Actions are Categorically Exempt from the California Environmental QlWily Act, Tentative Adoption of the Preliminary Use and Management Plan_ Including Naming the Proper as an Addition to Sierra Azul Open Space Preserve; and Indicate Their Intention to Withhold Dedication of the Proper as Public Open Space at This Time—tlort R-98-1301. C. Britton outlined staff s recommendations. 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 98-43 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other i Meeting 98-25 Page 4 Documents Necessary or Appropriate to Closing of the Transaction(Sierra Azul Open Space Preserve -Former Laye Et Al, Property); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to Sierra Azul Open Space Preserve; and indicate their intention to withhold dedication of the property as public open space at this time. P. Siemens seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 -Permit to Enter for El Sereno_ Fremont Older- St. Joseph's Hill- and Sierra Azul Open Space Preserves and Authorization for the General Manager to Execute the Permit to Enter Allowing Pacific Gas and Electric Compov and Its Contractors to Access These Preserves for the E=ose of Installing a New Circuit to an Existing 230 kV Transmission Line—(Report R-98-124). R. Anderson presented the staff report and noted changes to the Permit to Enter document as follows: Paragraph 3.0.e., add",if any," between the words"required" and"by" in the first sentence. Paragraph 4.0.d, add"performed by PG&E between"grading" and"shall" in the second sentence. Paragraph 4.01, identify selected culverts. Paragraph 4.0.i, indicate they need to work seven days a week. C. Britton stated that one of the benefits of granting the permit would be the improved condition of Woods Road. R. Anderson said there was a substantial amount of improvements included in the conditions in terms of culverts and headwalls. He said staff would monitor their fixing the road. C. Britton clarified the reason for the easement, stating that the high-tension line was the subject of litigation before the District was formed, and the District had not been involved in negotiating easements. He said District hands were tied in terms of the ability to restrict PG&E because it is already in the recorded easements. However, he thought this agreement gave the District some protection. Motion: P. Siemens moved that the Board authorize the General Manager to execute the Permit to Enter allowing Pacific Gas and Electric Company and its contractors to access El Sereno, Fremont Older, St. Joseph's Hill, and Sierra Azul Open Space Preserves for the purpose of installing a new circuit to an existing 230 kV transmission line, amended to direct that minor changes to the agreement may be approved by District legal counsel. J. Cyr seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 4- Tempos Partial Reimbursement of Rental Payments to Continue Employee Residence in the Sierra Azul Open Space Area and Authorization for the Meeting 98-25 Page 5 General Manager to Reimburse Ranger Tom Randall for a Portion of His Houc'ng Expenses, While Living:in Non-District Housing, in the Amount of$1,000 Per Month for a Period Not to Exceed Twelve Months, While a New Employee Residence is Established in the Mt. Umunhum Area—(Report R-98-120. G. Baillie presented staffs recommendation, noting that they hoped to establish a new residence in less than a year. He said staff has surveyed three different sites. He explained that the house would be rented at fair market value, and the ranger would pay half the rent and the other half would be paid by the District in exchange for the ranger's presence in the area; the ranger would get additional pay if they are called out for a specific need. Motion: N. Hanko moved that the Board authorize the General Manager to reimburse Ranger Tom Randall for one-half of his monthly rent while living in non-District housing, in the amount not to exceed $1,000 per month for a period not to exceed twelve months, while a new employee residence is established in the Mt. Umunhum area. P. Siemens seconded the motion. The motion passed 7 to 0. VIII. REVISED CLAIMS Motion: P. Siemens moved that the Board approve Revised Claims 98-19. K. Niitz seconded the motion. Discussion: Regarding H. Haeussler's questions on Claims 5013 and 5043, C. Britton said the claim for an acquisition needs to be considered at the same meeting at which the Board approves the acquisition. Mr. Haeussler suggested putting an asterisk behind such an item in the future and using a footnote saying, "if approved by the Board." Vote: The motion passed 7 to 0 IX. INFORMATIONAL REPORTS P. Siemens asked about responses to the letter sent regarding joining LAFCO. M. Smith said 6 or 7 of the 20 expressed a modicum of interest, but 11 were needed to proceed. Staff will contact the rest of those who received the letter. N. Hanko said she went to see some agricultural land that some citizens in East Palo Alto are trying to preserve. They are looking for an agency to acquire the one-acre agricultural site for $445,000. She referred to the Weekes Neighborhood Plan Study that had been done last year. She said staff recommended that they get in touch with the Trust for Public Land and POST. She said she explained that District policies do not provide for acquisition of lands that are inside the urban area. She suggested that perhaps the District could send a letter of support to any Meeting 98-25 Page 6 organization or trust who might be considering acquisition of the land in the future. N. Hanko said she had been contacted by Ada Quinn, an equestrian who was involved with a group of trail users wanting to advise the District on basic policies having to do with basic use being hiking and special use being everything else. She had asked Ms. Quinn to put her group's thoughts in writing. C. Britton said the basic policy section they were talking about would be back to the Board in December and staff was aware of the citizen concerns. R. Anderson is working on alternative wording. N. Hanko said she and B. Crowder had been invited by the South Skyline Association to make a presentation on October 30. D. Little had also been invited. D. Little said his initial impression of the Distri w 1 f District as a of o smart people who work very well P P rY together and he was glad to be a part of it. C. Britton reported as follows: 1. Bair Island received an appropriation of$3.5 million from the Federal Land and Water Conservation Fund. 2. Will Travis, Executive Director of the Bay Conservation and Development Commission, will make a presentation at the Open Space Council meeting of November 20 to be held at the Presidio from 10:00 A.M.-1:00 P.M. 3. Staff had heard that the Packard Foundation would be considering the District's request for$200,000 for the coastal annexation process on November 9. 4. He and M. Williams attended the Land Trust Rally in Madison, WI. He said there are 1,200 land trust members. 5. POST will be doing a presentation on November 6 at the District about their program and how it integrates with the District's programs. 6. Staff met with Planning and Conservation League on a new initiative bond act for water quality that would include acquisition money for watershed lands. 7. He had met with the new Executive Director of Bay Area Ridge Trail Council, Clifford Janoff, and offered to talk to their Board about the District's basic policy document. J. Escobar pointed out in the FYIs the monthly update of field activity for September and said staff was following up on the September 11 bulldozing activity. He also referred to a letter from Hidden Villa complimenting staff on their work with them. X. ADJOURNMENT At 8:55 P.M. the meeting was adjourned to a Closed Session to discuss Closed Session Agenda Item 3. Roberta Wolfe Recording Secretary i I