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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