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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting
99-15
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
June 23, 1999
MINUTES
SPECIAL MEETING
I. ROLL CALL
Members Present: Betsy Crowder,Jed Cyr,Mary Davey,Pete Siemens,Nonette
Hanko,Deane Little and Ken Nitz.
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman
11. CLOSED SESSION
At 5:35 P.M.,J. Cyr convened the Special Meeting and stated that the Board would adjourn
to Closed Session for the purpose of discussing Closed Session agenda Items 1,2,3,and 4.
The Board recessed to Closed Session at 5:35 P.M. and the Closed Session commenced at
5:36 P.M. The Board concluded the Closed Session at 7:29 P.M.
REGULAR MEETING
J. Cyr called the Regular meeting to order at 7:32 P.M. He noted that the Closed Session
would continue following the Regular meeting to continue consideration of Items No. I
and 4.
Additional Personnel Present: John Escobar, Peggy Coats, Del Woods, Michael Williams,
Malcolm Smith,Deirdre Dolan
Ill. SPECIAL ORDER OF THE DAY
J. Cyr noted that it was customary to have the Flag Salute at the Board meeting
occurring nearest to July 4. J. Escobar introduced Cub Scout Pack 419, Den 8,who led
the salute.The Board thanked the Scouts.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200
FAX:650-691-0485 • E-mail: nirosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siernens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
Meeting 99-15 Page 2
ORAL COMMUNICATIONS
There were none.
ADOPTION OF AGENDA
Motion:M. Davey moved that the Board adopt the agenda. K. Nitz
seconded the motion. The motion passed 7 to 0.
ADOPTION OF CONSENT CALENDAR
Motion:B. Crowder moved that the Board adopt the Consent Calendar,
including approval of minutes of the May 12 and May 23, 1999, regular
and special meetings; agenda item 4, Ratification of Approval and
Authorization for the President to Sian the First Amendment to the
Agreement Among the City of Mountain View, the Midpeninsula
Regional Open Space District and the County of Santa Clara on Behalf of
the Board of Directors ; agenda item 5, Approval of Retainer Agreement
With Environmental Science Associates and Authorization for Payment i
a Total Amount Not to Exceed$20,000-,Approval of the Letter Agreement
for Environmental Planning Services With the Environmental Planning
Firm of Environmental Science Associates-, and Authorization for the
General Manager to Sign the Agreement on Behalf of the District and
Authorization of the Initial Payment for Services in the Amount Not to
Exceed $20,000. $10,000 Has Already Been Approved Under the General
Managers Authorization; agenda item 6, Approval of Settlement and
Release Agreements In the Matter of Midpeninsula Regional Open Space
District v. Esperson-Rodrigues Construction Company et al. and
Authorization for the Board President and General Manager, Subject to
Approval of District Legal Counsel, to Execute All Documents Necessary
to Implement the Settlement and Release Agreements, Including Approval
of Any Necessary Minor Corrections or Minor Grammatical or Technical
Changes to the Agreements Which Do Not Involve Any Change to An
Material Term of the Agreements; and Revised Claims 99-12. K. Nitz
seconded the motion. The motion passed 7 to 0.
BOARD BUSINESS
A. Agenda Item No. 1 -Appointment of Peace Officer Jeffrey B. Smith (Report
R-99-86).
J. Escobar presented the staff report.
Motion: N. Hanko moved that the Board adopt Resolution No. 99-25,
Resolution Appointing Peace Officer Jeffrey B. Smith
Pursuant to Section 830.3 l(b) of the Penal Code of the State
of California to Enforce the Midpeninsula Regional Open
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Meeting 99-15 Page 3
Space District Land Use Regulations and Those State and
Local Regulations Related to the Protection and Safe Use of
District Land. P. Siemens seconded the motion. The motion
passed 7 to 0.
J. Escobar introduced Carrie Sparks-Hart. He said she had been hired as a
Ranger about three month ago and was assigned to the Foothills area.
B. Agenda Item No. 2 - Award of Contract for Purisima Creek Trail Storm
Damage Repairs at Purisima Creek Redwoods Open Space Preserve;
Authorization for the General Manager to Enter Into Contract With Brazil's
Excavating of San Gregorio in the Amount of$115,445; and Authorization for
the General Manager to Approve Incremental Change Orders to Brazil's
Excavating for an Amount Not to Exceed an Additional $62,555 ($178,000
Total With Base Contract)for Supplementary Repairs to Purisima Creek Trail,
as Identified in the Engineering Geologist's Report Considered at Your March
10, 1999, Meeting (Report R-99-87).
J. Cahill reviewed staff s recommendations. He said removing the bridge has
no real effect on current usage. Regarding the stone, he thought the cost was
reasonable, and it included delivery. He talked about where the stone would
be used.
N. Hanko said she thought the project might be of interest to the Coastal
Advisory Committee and others who are interested in how the District
manages its property.
J. Cahill said the rock is mostly limestone and meets a CalTrans standard for
durability. He said he thought they would complete the project on schedule,
sometime in September.
Motion:B. Crowder moved that the Board authorize the General Manager to
enter into contract with Brazil's Excavating of San Gregorio in the amount of
$115,445 for the Purisima Creek Trail storm damage repairs at Purisima.Creek
Redwoods Open Space Preserve,and authorize the General Manager to
approve incremental change orders to Brazil's Excavating for an amount not to
exceed an additional $62,555 ($178,000 total with base contract)for
supplementary repairs to Purisima Creek Trail,as identified in the engineering
geologist's report considered at their March 10, 1999,meeting. D.Little
seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 3 - Acceptance of Gift of the San Jose Water Company
Trail Easement as An Addition to Kennedy Limekiln Area of Sierra Azul
Open Space District; Determination That the Recommended Action is
Categorically Exempt From the California Environmental Quality Act;
Tentative Adoption of the Preliminary Use and Management Plan
Recommendations Contained in this Report, Including Naming the Trail
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Easement as an Addition to Kennedy Limekiln Area of Sierra Azul Open
Space Preserve, and Indicate the Intention to Dedicate the Trail Easement as
Public Open Space (Report R-99-88).
D. Woods provided historical information and showed the area on a map. He
outlined staffs recommendations. He showed where Moody Trail was closed,
explaining that the reason the District doesn't encourage the use of the trail is
that people go through the closed section, and the easement is undeveloped.
He said staff will lay out the trail with the assistance of the County because it
starts and ends on the County boundary. When asked about the timetable, he
said they would have to work with the County, and their master plan was on
hold. However, it will be looked at in the District's planning exercise now.
The County is not encouraging any use of the property at this time.
D. Woods showed the possible location of a loop trail connecting to the lower
portion of the Priest Rock Trail and a planned trail along the perimeter of the
reservoir. He didn't know if the parking area was one of the ones where the
County would charge fees. He showed slides of the property, and said he
expected they would build the standard 16-foot trail.
M. Williams outlined the terms and conditions of the gift, stating they had
negotiated with San Jose Water for two years.
Motion: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 No. 99-26,Resolution
Accepting Gift of Easement Deed and Authorizing Execution of Certificate of
Acceptance With Respect Thereto(Sierra Azul Open Space Preserve-Lands
of San Jose Water Company);tentatively adopt the Preliminary Use and
Management Plan recommendations contained in the staff report, including
naming the trail easement as an addition to Kennedy Limekiln Area of Sierra
Azul Open Space Preserve;and indicate their intention to dedicate the trail
easement as public open space. B.Crowder seconded the motion. The motion
passed 7 to 0.
D. Agenda Item No. 7 - Approval of First Amendment to the Agreement for Option
and Purchase of the Lands of Arlie Land and Cattle Company to Extend the Date
of Exercise of Option From June 30, 1999 to July 15, 1999, and Extend the Close
of Escrow From July 16, 1999 to July 23, 1999 and Authorization for the Board
President and General Manager, Subject to Approval of District Legal Counsel, to
Execute All Documents Necessary to Implement the Amendment, Including
Approval of Any Necessary Minor Corrections or Minor Grammatical or
Technical Chanaes to the Amendment Which do Not Involve Any Material
Change to Any Term Thereof (Report R-99-92).
C. Britton said no action was required as staff doesn't feel an extension is needed
at this time.
Meeting 99-15 Page 5
VIII. INFORMATIONAL REPORTS
P. Siemens said he had attended a meeting of the ad hoc committee which is part of the
Special Districts Association in Santa Clara County relative to joining LAFCO.
N. Hanko: 1. She thanked the Board members for their attendance at the Coastal Advisory
Committee meeting and urged them to continue to attend. She said she thought the
Committee was making progress in the discussion regarding eminent domain. There will
be a tour of District lands by the Advisory Committee on July 24, and on August 14 they
will be touring agricultural sites on the coast. The next meeting of the Advisory
Committee will be July 27 in Half Moon Bay. Dave Hansen will be speaking about how
the Sonoma County District acquires land without the use of eminent domain. Norm
Matteoni from the POST board will be speaking on eminent domain from a"lawyer for the
owner"standpoint. 2. She had photos of the George Seeger memorial.
B. Crowder: 1. She had pictures of the Dinesh Disai Ridge Trail kickoff event at her
house. She said the hike took about six weeks. 2. She and C. Britton attended Larry
Coons farewell party at the Hayes Mansion in San Jose.
K. Nitz: 1. In June, he, C. Britton and G. Baillie attended the Special Districts Forum in
Hamilton County in Ohio. The next forum will be in Prince Georges County in Maryland,
and the following ones will be in Minnesota and British Columbia.
D. Little: 1. He had toured some of the preserves and had lunch on top of the monolith.
He was continuing to hike the District lands.
J. Cyr: 1. He referred to a letter from Liz Figueroa about writing to the Governor
encouraging support for Bay Area program items in the state budget. C. Britton said a
letter had been sent. 2. He also referred to a letter from Jim Cunneen commenting on AB
1498 which deals with funding for outdoor science education and conservation education.
P. Siemens: 1. He talked about the feral pigs on the property of the company he left,
noting that there are now probably ten times more pigs than there were when he left the
company seven years ago. The company has authorized a number of employees to carry
firearms on the property,and they have depredation permits from the state. He commented
that the District might have to arm rangers in the future to deal with the problem on District
lands. C. Britton said there was a report from a docent about a boar. He said the Board
might consider contracting with an individual to remove them. He said they would
probably want to work with other agencies to control the problem.
J.Cyr: 2. The volunteer recognition event will be held June 24.
C. Britton: 1. M. Davey had nominated him to be on a panel for the Stanford lands. 2.
He got a letter from Jim Sayer regarding a proposal for $9.5 million bonding. He said he
would go to San Francisco next week to lobby. He is interested because it might be
possible to replace some of the District's debt with interest-free bonds. 3. There will be a
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Meeting 99-15 Page 6
going-away party for Annette Coleman who is leaving July 15. 4. Redwood harvesting has
started at the Arlie Land and Cattle property. Operations ceased on the day of the tour led
by D. Woods for potential donors. POST had $1 million pledged and received another$2
million as a result of the tour. 5. Audrey and he met with Bud McCrary, of Big Creek
Lumber Company. 6., The Park Bond Act passed out of the Assembly, and now goes to
the Senate. 7. He received notice of the 75th anniversary of Memorial Park on July 10. 8.
Ward Paine sent him a copy of Portola Valley's new challenge to raise money for land
acquisition. 9. State budget-- the legislature passed it to the Governor one day late. The
$350,000 for riding and hiking trails and $5 million for Arlie Land and Cattle Co. did not
make it into the budget. The$10 million for Bay Area programs did. He is working with
Assemblyman Cunneen and Senator Sher on that. 10. He and B. Crowder attended Larry
Coons' retirement party. They met Lloyd Wagstaff, the new general manager of the Santa
Clara County Open Space Authority. 11. He attended Lee Bowman's retirement party.
12. Special Districts Forum in Ohio.He talked about their program and how it differs from
the District's. 13. There was a memo in the FYIs regarding the conference on the Land and
Water Conservation Fund.
Ix. ADJOURNMENT
At 9:00 P.M.,the meeting was adjourned.
Roberta Wolfe
Recording Secretary