HomeMy Public PortalAbout19981209 - Minutes - Board of Directors (BOD) Regional Open ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 98-29
REGULAR MEETING
BOARD OF DIRECTORS
December 9, 1998
I
MINUTES
I. ROLL CALL
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President Betsy Crowder called the meeting to order at 7:33 P.M.
Members Present: Betsy Crowder, Pete Siemens,Nonette Hanko, Ken Nitz, Jed Cyr, Mary
Davey, and Deane Little.
Members Absent: None.
Personnel Present: Craig Britton, Sue Schectman, Deirdre Dolan, John Escobar, Michael
Williams, Jodi Isaacs, Mary de Beauvieres, Del Woods, and Matt Freeman.
II ORAL COMMLNICATIONS
Harry Haeussler, 1094 Highlands Circle, Los Altos, said he had first come to a Board meeting at
the behest of horsemen objecting to closure of a trail and has been coming since then. He
suggested making the basic use policy a lot more general instead of having hiking as the basic use.
Judy Wood, P. O. Box 3187, Moss Beach, representing Friends of the Field, said their goal was
to keep as open space 2.5 acres in front of their homes on the north end of the Fitzgerald Marine
Reserve. She said this has basically been a community park but is slated to be developed. The
Friends have formed a consortium to purchase the land and put aside money to maintain and
operate it. She said they found they needed a plan and are asking MROSD to write a letter of
intent that managing this kind of property is the business the District is in and that they could do
this once the coast is annexed. They have talked to local land trusts, and they have agreed to
manage it for the short term(one to three years).
Gary Wood said the land is zoned RMCZ (coastal), and the local coastal plan described it as open
space with lots of use by the public. It is undeveloped, but there is a road to the top of the bluff.
He described activities that take place on the bluff including weddings and funerals: He said he
could understand whypeople
p p e would like to live there. They are drilling a well, and if they cannot
find water the value of the property will change. He said they need a commitment from the
District in order to raise money.
330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200
FAX: 650-091-0485 . E-mail: mrosd aopensuace.org . Web site:www.
opensl)l
ce.org
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Board of Oire<tors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little, Nonette Kinko, Betsy Crowder,Kenneth C.Nitz . General Manager:L.Cram Britton
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I Meeting 98-29 Page 2
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Lou Slocum, P. O. Box 46, Moss Beach, said it was important that the Board knew that this
particular area is defined as a sensitive habitat in the LCP. In addition, there are several trails
that traverse the property. He talked about a trail on the bluff called the Strand, and said an
erosion setback would completely eliminate it. He said a District presence on the coast would be
beneficial in helping preserve areas such as this which are rapidly disappearing. He had a letter
describing a plant (a species of phlox) on the property that may be a species heretofore
undiscovered. He asked the Board to consider the area in their long-range plans, but said he
realized there are some obstacles. They feel the area dovetails with the District's Mission
Statement and that the area deserves their attention and protection. He said there were houses
separating the area from the Marine Reserve. He said he would take Board members on a tour of
the area.
Mr. Slocum said if the developers don't find water they won't be able to develop, and the price
would go down a lot. If there is water the asking price totals $1.2 million.
S. Schectman noted that rather than agendizing the item, if the request were made by letter, the
Board could consider a written response which was less formal.
III. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
B. Crowder removed the written communication from Mr. Harry Haeussler, Jr., 1094 Highlands
Circle, Los Altos. N. Hanko removed the written communication from Ms. Sherry Selwood,
3343 Brittan Avenue, #12, San Carlos and 27 other individuals who wrote on this issue. K. Nitz
removed agenda item 5,Authorization for the President of the Board, or Other Appmpriate
Officer_ to Execute the Notice of Contract Completion and Acceptance of Work far the
Installation of a Concrete Slab Floor for the Equipment Storage Area of the Skyline Field Office.
Regarding Revised Claim# 5215, Big 4 Rents, C. Britton said this was for a backhoe. M.
Williams explained that Revised Claims#5246, H H, Inc., engineering services, was for a site
density analysis on a property and the owner will reimburse for half of the amount.
Motion: M. Davey moved that the Board adopt the Consent Calendar, including agenda
item 6,Resolution Supporting a Request by Picchetti Winery Leaseholder Leslie
Pantling to the Santa Clara County Historical Heritage Commission for a Grant in
the Amount of$92-950 for the Engineering. Seismig. and Usage 14pgrade proiec
for the Picchetti Wi_n_=Building at the Picchetti Ranch Area of the Monte Bello
Open Space Preserve; agenda item 7, Authorization for the General Manager to
Execute a Purchase Contract with C&Dy Motorcycle Center for Two Ail-Terrain
Vehicles at a Total Cost of$12,524.76; agenda item 8, Authorization for the
General Manager to Execute an Amendment to the Contract with the California
Conservation Corns in an Amount Not to Exceed$4,000 to Complete Restoration
Services at Pulgas Ridge Open Space Preserve and Determination that the
Proposed P i-ct is Categoriob Ex=Z from the California Environmental
Qualb Act; and Revised Claims 98-21. P. Siemens seconded the motion. The
motion passed 7 to 0.
V. WRITTEN COMMUNICATIONS
Meeting 98-29 Page 3
Regarding the response to Sherry Selwood, et al.,N. Hanko was concerned that there were 27
letters. She did not think the letter satisfied the people who had written. She said she would have
tried to attend the meeting at Britton Heights. She said she did not know enough about what is
being planned adjacent to the residences and would like to abstain until she became more familiar
with the site and what is planned. Some years ago they talked about setting aside communities
and transitionary areas between private property and District lands and she would like to look into
that.
Following discussion, C. Britton said staff is aware that there is a need for a good public relations
program at Brittan Heights and to explain the District's program to the residents, and that is what
J. Isaacs would do at the January 10 meeting. P. Siemens suggested changing the letter to include
the date of the scheduled on-site meeting (January 10 .
K. Nitz wanted to change the letter to include an overall map showing where the detailed maps
were. In addition, there should be asterisks to explain what the numbers mean for each section.
J. Isaacs answered questions about the tree removal stating that the are not cutting h on
es
a � 8 Y 8 Y
the road or on the ridS eline
Regarding the response to H Haeussler, B. Crowder said it was not relevant
g g P �Y and she would
like to direct staff not to reply at all. N. Hanko said she disapproved of that approach and would
like to see the letter sent.
Motto M. Davey moved that the Board direct staff to send the letter signed by those
Board members who wished to sign it. J. Cyr seconded the motion.
Discussion: D. Little said he thought they should respond, but it was unfair to suggest that the
District had not attempted to be available to everyone. He said they need to
emphasize that people of all incomes use District lands and the District was started
by a democratic vote. He repeated that he would like the letter to be stronger.
Vote: The motion failed with Directors Nitz, Cyr and Davey voting yes, and Directors
Siemens, Little, Crowder, and Hanko voting no.
Motion: N. Hanko moved that the Board direct staff to work with D. Little to make sure
his issues are included and that the letter be signed by the Vice President. P.
Siemens seconded the motion. The motion passed 7 to 0.
Motion: P. Siemens moved that the Board approve written communications as amended. K.
Nitz seconded the motion. The motion passed 7 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 1 -Legislative Briefing by.Ralph Heim—(Report R-98-155)
The briefing included information on the following:
• Funding of AB 1366 was number one priority—Assemblyman Lempert went the
extra mile even though it was blue penciled by the Governor.
• SB 2 (Thompson), park bond measure. Five park bond measures have been
introduced in the new session. Seems to be emphasis on resources.
• Key cabinet appointments will be announced next week.
• Legislative analyst issued a report last month saying there would be$1-2 billion
deficit by July 31, 1999, if the legislature and governor do nothing. The car tax
40
Meeting �98-29 P 4
was a bigpiece of going from surplus to deficit.
P 8 8 IP
• Welfare caseloads are up dramatically, needs to be addressed.
• Analysts think revenues will be up by the May revise if the"Asian flu" doesn't
worsen.
• Non legislative issue—LAFCO review. Commission on Local Governments for
the 2 1"Century is meeting to look at the LAFCO law and come back with a
recommendation by the end of 1999. They will look at other issues as well, such
as AB 8 that created the property tax allocation formula in 1979, and setting up
charter commissions within the county to decide which agencies would remain and
which would be funded and in what amounts.
• Governor and legislature being from same party probably won't make a difference.
If the financial situation does not improve not much will happen at all. The Senate
has changed dramatically; this is the first legislature to be sworn in with term limits
fully implemented. It is hard to develop long-term relationship with term limits. He
did not think it would destroy the system, but partisanship had increased.
B. Agenda Item No. 2 -Proposed Addition of Marini Et Al. Prom to Kennedy Limekiln
Area of Sierra Azul Open Space Preserve;Determination that the Recommended Actions
re Categorically Exempt from the California Environmental_ Qualily AA ; Tentative
Adoption of the Prelimin=Use and Management Pla_nti Including Naming the Pronertv as
an Addition to Kennedy Limekiln Area of Sierra Azul Open Space Preserve; and Indicate
the Intention to Dedicate the Properly as Public Open Space at This Time—(Report R 98-
D. Woods described the property and pointed it out on a map. He presented the staff
report and slides. He said the current property owner had never tried to keep the public
off the trail. Regarding consideration as public open space during the annual review next
year, D. Woods said this was only in terms of dedication. They stipulate this because the
area surroundingit is already i n He remind the Board that at
ea dedicated as open space. reminded Y P P
their next meeting they would have the annual dedication report when staff presents
property they want to dedicate for the year. He said in the long term there would be a
comprehensive plan for the surrounding preserve.
Discussion followed regarding dog use. Directors Hanko and Nitz agreed that a
mechanism to add new dog trails should be looked into.
D. Woods said that County regulations were consistent and comparable with the
District's.
M. Williams outlined the terms and conditions for the acquisition purchase contract.
P. Siemens 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 98-51 a Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Acceptance of the 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 Marini Et Al.); tentatively adopt the Preliminary Use
and Management Plan recommendations contained in the staff report
amended to change trail designation to read, "Designate Priest Rock Trail
for continued use by hikers, bicycles, equestrians and dogs on leash",
Meeting 98-29 Page 5
including naming the property as an addition to Kennedy Limekiln Area of
Sierra Azul Open Space Preserve; and indicate their intention to dedicate
the property as public open space at this time. N. Hanko seconded the
motion. The motion passed 7 to 0.
C. Agenda Item No. 3-Proposed Gift of the Butler Propel-has an Addition to El Corte de
Madera Creek Open Space Preserve;Determination that the Recommended Actions are
Categorical_y Exempt from the California Environmental Qualb Act- Tentative Adoption
of the Preliminary Use and Management Plan Including Nam' the ProPropcM as a,
Addition to El Corte de Madera Creek open Space Preserve; and Indicate the Intention to
Dedicate the propgM from Dedication as Public Open Space at This Time (Report
98-154).
M. Freeman described the property and presented the staff report and slides. He said the
gate can be moved just beyond the area resident trail and direct them back onto the
District trail. M. Williams said they were giving the property out of sense of generosity to
the District but there were also fire insurance and tax deductible incentive purposes.
Discussion followed regarding a thank you gift.
Motion: N. Hanko moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality Act;
adopt Resolution 98-52 a Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Accepting Gift of Real
Property and Authorizing Execution of Certificate of Acceptance With
Respect Thereto (El Corte De Madera Creek Open Space Preserve-Lands
of Butler); tentatively adopt the Preliminary Use and Management Plan
recommendations contained in the staff report, including naming the
property as an addition to El Corte de Madera Creek Open Space Preserve;
and indicate their intention to dedicate the property as public open space at
this time. J. Cyr seconded the motion. The motion passed 7 to 0.
D. Agenda Item No. 4 -Authorization for the General_Manager to Execute the Permit to
Enter Allowing Robert J. Slobe and Four Contractors to Access Windy QVen Spy
Preserve for the Purpose of Transporting Equipment to the Adjac-e_ntLPrgpca to he used
to Conduct Geological Tests,Percolation Tests, and Drill a Well; and Allowing
Geological Tests to be Conducted on the Preserve for the PuEposes of Formal_izin, an
Access Road Easement to the Ad-jacent Propffly-ftport R-98-1571
M.
de Beauvieres presented the staff report and noted a change on page 2 of the Permit to
Enter. Paragraph d, second sentence, would be changed to replace the word"minimum"
with the word "approximately."
PP Y•
M. Williams said permission to enter would be specific as to days and times and would be
monitored by field staff.
M. de Beauvieres continued with the report noting that this will be a very visible project.
They will keep the community aware of what is happening. She said the driveway
alignment was firmed up in terms of being geologically stable with the exception of an area
she pointed out. She pointed out that the best location for drilling a well is at the highest
point on the property, and one of the conditions for the buyer is that they can in fact find
water on the property. They cannot come in from the bottom until an easement is firmed
up. She said two small trees and some limbs would be removed in order to get in to drill
the well. Staff made a site visit and was convinced that the canopy would remain intact.
Meeting 98-29 P age 6
M. de Beauvieres suggested adding the words, "or travel across District land" to the end
of paragraph c. on page 2 of the Permit to Enter. Board members concurred.
On page 5, second paragraph under Section 6.0, S. Schectman added the words, "and
agree to release, indemnify, defend, and hold harmless District from any liability"
following the words, " . . . loss or damage to property,".
C. Britton provided background information on the property, stating that he thought it
was the District's obligation to allow the owner reasonable access to see if the property is
buildable. M. de Beauvieres said The Sequoias are agreeable to the emergency access
road in concept.
Motion: J. Cyr moved that the Board authorize the General Manger to execute the
Permit to Enter, as amended, allowing Robert J. Slobe and four contractors
to access Windy Hill Open Space Preserve for the purpose of transporting
equipment to the adjacent property to be used to conduct geological tests,
percolation tests, and to drill a well. In addition, the Permit to Enter allows
geological tests to be conducted on the preserve for the purposes of
formalizing an access road easement to the adjacent property. P. Siemens
seconded the motion. The motion passed 7 to 0.
E. Agenda Item No. 5, - Authorization for the President of the Board. or Other
Appropriate Officer,to Execute the Notice of Contract Completion and Acceptance o
Work for the Installation of a Concrete Slab Floor for the Equipment Storage A_reA of the
S line Field Office- ($sport R-98-153)
M. de Beauvieres presented the staff report. J. Cyr expressed appreciation for the efforts
of staff, including J. Cahill.
Motion: K. Nitz moved that the Board authorize execution by the President of the
Board, or other appropriate officer, of the Notice of Completion and
Acceptance of Work for the storage building improvements at the Skyline
Field Office. J. Cyr seconded the motion. The motion passed 7 to 0.
VII. INFORMATIONAL REPORTS
D. Little said he met Paul Cox, Director of National Tropical Botanical Garden, and said he had a
copy of a book Mr. Cox had written.
B. Crowder said she attended the memorial service for Tom Ford. M. Davey described the
memorial which she also attended. C. Britton said the District would be asked by POST to place
a memorial bench on Windy Hill. He and B. Crowder talked about Mr. Ford's work for the
environment.
N. Hanko thanked staff for preparation of the status of the mid-year action plan. In answer to her
question regarding encroachments and permits to enter, staff members listed the permits issued on
the Ravenswood and Windy Hill Preserves.
N. Hanko asked about the Resource Management Subprogram, Watershed Assessment, on page
5 of the report. She had concerns with trail #79 where the bicyclists were riding over the top of
the exposed tree roots. J. Isaacs said the geologist had just started the program and should be
finished by the end of the month. M. de Beauvieres said that issue would be coming back to the
Board when study area 2 is revisited. J. Isaacs explained that the geologist was not hired to look
Meeting 98-29 Page 7
at those specific trails but to look at the trails plan as a whole in terms of the watershed. M. de
Beauvieres said they would be looking at alignments and alternate routes.
N. Hanko mentioned to D. Little that his former professor, Dr. Leo Mandelkern, was arriving
tomorrow. D. Little talked about his studies with him.
B. Crowder said she had a copy of the Planning and Conservation League Newsletter in which
other Board members might be interested. j
P. Siemens said he attended the Bay Area Open Space Council meeting at which airport
expansion was discussed.
C. Britton reported as foll
ows: 1. He pointed out le
tters in the FYIs regarding Ba
ir Island
funding and the airport round table and one to Bill Siegel. 2. He and M g . Smith went to the Open �
Space Council and met with B.. Sher to
P talk about a bill to permanently fund the B
P Y a Area
i Y �
program of the Coastal Conservancy through a vehicle fee. 3. He announced the following
Board meetings: Monday, December 14, 6:30 closed session, 7:30 board meeting, and meeting of
Financing Authority. There is a requirement to have a public hearing in each county, and he
suggested the January 13 meeting for Santa Clara County and January 12 or 14 for San Mateo
County. There will be a meeting December 16, 5:30-7:30, to consider final adoption of the Basic
Policy. 4. He mentioned that he attended John Wade's farewell party.
VIII. ADJOURhZENT
At 10:13 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
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