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HomeMy Public PortalAbout19991117 - Minutes - Board of Directors (BOD) Regional Open S, -ice J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-28 SPECIAL MEETING BOARD OF DIRECTORS November 17, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 7:30 P.M. Members Present: Nonette Hanko (7:34 P.M.), Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane Little (7:47 P.M.), and Betsy Crowder. Members Absent: None. Staff Present: Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Michael Williams, Del Woods, Randy Anderson II. ORAL COMMUNICATIONS - There were none. III. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 5 to 0. C. Britton introduced Audrey Rust, President of POST, and Brian Steen, Former Executive Director of the Sempervirens Fund. IV. ADOPTION OF CONSENT CALENDAR B. Crowder removed agenda item 4, Annual Seasonal Trail Closures Information Report; K. Nitz removed Revised Claims 99-20. Motion: P. Siemens moved that the Board adopt the Consent Calendar including agenda item 5, Final Adoption Of A Use and Management Plan Amendment For a Minor Trail Realignment at Windy Hill Open Space Preserve; Adoption of a Use and Management Plan Amendment to Realign an Approximately 300-Foot Section of Trail Adjacent to the Southern Boundary of the Sequoias Retirement Community in Windy Hill Open Space Preserve; agenda item 6, Cancellation of December 8 and December 22 Regular Meetings and Schedulingof a Special Meeting of the Midpeninsula Regional Open Space District Board of Directors 330 Distel Cir(le - Los Altos, CA 94022-1404 - Phone: 650 691-1200 FAX: 650-691-0485 - E-mail: mrosd 1oopenspace.org - Web site:www.openspace.otg Hoard of thrv(tors:Pete Siemens,Mary C.Davey, It'd( vr, Deane little, Nonette Nanko,Bets Crowder Kenneth(=. Nit/ Ge ner,d M,r wt 4e•r:t.Craig Brie y t; ttcm Meeting 99-28 Page 2 for December 15, 1999; and agenda item 7, Correct a Typographical Error in Resolution 97-30, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the General Manager to Approve or Deny Certain Legal Claims Against the District, to Approve Amendments to Permits to Enter District Property and to Contract for the Payment of Services, Supplies, Materials, or Labor Pursuant to Public Resources Code Section 5549(b), Adopt a New, Corrected Resolution Authorizing the General Manage to Administratively Approve or Deny Certain District Actions. K. Nitz seconded the motion. The motion passed 5 to 0. V. BOARD BUSINESS A. Agenda Item No. 1 - Proposed Lease and Management Agreement With Guadalupe Land Company for Properly Adjacent to Mt. Umunhum Area of Sierra Azul Opgn Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Authorization for the General Manager to Sign a Lease and Management Agreement With Guadalupe Land Comany-, and Tentative Adoption of a Preliminary Use and Management Plan Recommendation - (Report R-99-149). D. Woods showed the location of the property in relation to the rest of the District. Audrey Rust showed slides of the property. C. Britton explained why the District was leasing rather than buying the property. He said POST has not yet raised the money, and leasing provides opportunities to obtain grants. In addition, there may be some property tax advantages. D. Woods described Use and Management issues including problems with people parking on turnouts and having parties, and rock climbers on Guadalupe Rock. He said there were two homes on the adjacent private property. C. Britton provided historical information and said staff would probably close the trail up Rincon Creek until there was a plan tying that trail into the rest of the area. D. Woods said the fencing referred to is lying in the grass near Hicks Road. He said they will work with the Sheriff in regard to parking late at night. J. Escobar said more time will be invested in building the fence than in patrol. D. Woods said the rock on this property is probably part of the same rock formation as the one on the former Rancho Guadalupe property. Meeting 99-28 Page 3 C. Britton said the two-year term of the agreement is to allow time to raise money. There is a provision for extending the agreement. A. Rust said they needed time to apply for property tax relief as well as to achieve funding. C. Britton said the gates would be standard District pipe gates. S. Schectman noted that the District could enforce their ordinance because it is property they use and control. D. Woods explained why the property was being named as an addition to Mt. Umunhum instead of Rancho Guadalupe. Motion: N. Hanko 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; authorize the General Manager to sign the lease and management agreement with Guadalupe Land Company, a Peninsula Open Space Trust wholly owned corporation, and subject to approval by the General Manager and General Counsel, to approve minor revisions to the agreement which do not substantially change any material term of the agreement; and tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report. P. Siemens seconded the motion. The motion passed 7 to 0. C. Britton talked about the history of the acquisition and the process and thanked Audrey Rust. B. Agenda Item No. 2 - Proposed Approval of a Settlement and Release Agreement in the Matter of Midl2eninsula Regional Open Space District v. Ireland, Case No. 772320: and Determination That the Recommended Action is Categorically Exempt from the California Environmental Quality Act - (Report R-99-150). S. Schectman outlined the terms and conditions of the proposed settlement. She suggested adding a recommendation to authorize the Board President to execute the subsequent documents (the easement amendments themselves) and any and all other documents necessary or appropriate to complete this settlement. She said the new conservation easement area could not have structures built within it. D. Woods showed slides of the property. S. Schectman said she would provide the costs for legal fees for this litigation, but that they were not substantial. However, due to the protracted negotiations with Mr. Ireland, it took more staff time than such a relatively simple matter should have taken. With regard to the possibility of expanding parking, D. Woods explained that on the eastern portion of the site the District was not getting new land, but changing the conservation easement into an open space easement. They would still have the same Meeting 99-28 Page 4 constraints. D. Woods said they had done preliminary design on two occasions for 8- 12 spaces. S. Schectman explained how the gazebo had been placed in its current location, stating that staff did not know if the owner had intentionally mislocated it. She said the message she hopes the lawsuit sent was that the District Board is proactive in enforcing encroachments onto District land. C. Britton added that the encroachment is about two feet. The owner understands that the District will enforce the terms of the easements in the future. D. Woods said the owner could do fire protection disking in the open space easement before the settlement. Now disking is confined to the conservation easement. He showed the location of the fence. Motion: P. Siemens moved that the Board determine that the recommended action is categorically exempt from the California Environmental Quality Act; approve the Settlement and Release Agreement in the matter of Midl2eninsula Regional Open Space District v. Ireland, and authorize the Board President to execute the subsequent documents (the easement amendments themselves) and any and all other documents necessary or appropriate to the transaction, D. Little seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 - Proposed Addition of Mesenburg Property to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, Determination that the Recommended Actions are Categorically Exempt From the California Environmental Quality Act; Adoption of a Resolution Authorizing Purchase of the Mesenburg Properly; Tentative Adoption of Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, and Indication of Intention to Withhold Dedication of the Property as Public Open Space At This Time - (Report R-9 -142). D. Woods presented the staff report. He said when the public road stops, the easement could not be used for patrol and maintenance unless the District acquired additional rights. Regarding use of the road, S. Schectman said each easement is defined by the terms of that specific easement. D. Woods showed slides of the property. He noted that there were no problems on the site with illegal use and said he thought it would be an easy property to manage. M. Williams described the terms and conditions of the agreement. Meeting 99-28 Page 5 Motion: B. Crowder 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. 99-46, 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 The Estate of Mesenburg); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve; and indicate their intention to withhold dedication of the property as public open space at this time K. Nitz seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4, Annual Seasonal Trail Closures Information Report - (Report R- 99-151). B. Crowder said she appreciated the explanation given for the term "interim." She said that, in her opinion, all the trails in preserves 5 and 6 were unsuitable for multi- use. Harry Haeussler, 1094 Highlands Circle, Los Altos, questioned why the chart referred to use by bicyclists and equestrians on the Zinfandel Trail since it is designated for hikers only. C. Britton explained that it was not formally dedicated that way, so it is an interim closure until the Board makes its decision. The Board has not taken official action as to uses, but staff feels it should be closed. J. Escobar answered questions about the volunteer trail report. VI. REVISED CLAIMS In response to K. Nitz's questions regarding claims, staff informed him as follows: Claim 7599 - District-hired forester to oversee the timber contract with Big Creek. Claim 7546, staff training - instructor for non-discrimination and sexual harassment. Claim 7612 - should have been starred. Motion: K. Nitz moved that the Board approve Revised Claims 96-20. P. Siemens seconded the motion. The motion passed 7 to 0. -Meeting 99-28 Page 6 VII. INFORMATIONAL REPORTS M. Davey: 1. Monday, the second draft of the Stanford Community Plan was submitted. She talked about the problems including protection of open space, added academic services boundary, and increase in housing proposed. There will be a public hearing on December 9 at the Palo Alto Council Chambers. 2. She said Palo Alto had postponed the auction of the Bressler property until December 1. 4. Her husband had heard a presentation on KQED about trails being illegally built on District lands. N. Hanko: 1. Stanford Plan - she said the sites chosen for schools were within sight of Coyote Hill. In addition, the academic growth boundary does not go south to include the whole Coyote Hill area. 2. The postponement of the Bressler property auction might not make any difference where the Council is concerned. B. Crowder: 1. She had a notice from Bay Trail about grants available to extend the Trail. VIII. ADJOURNMENT At 8:57 P.M. the meeting was adjourned. Roberta Wolfe Recording Secretary