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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-29
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
December 15, 1999
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Jed Cyr called the meeting to order at 6:33 P.M.
Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane
Little, and Betsy Crowder.
Members Absent: None.
n Sue Schectman Tom Fischer Del Woods and John r.
Staff Present: Craig Britton, S Escobar.
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II. CLOSED SESSION
At 6:33 P.M. J. Cyr stated that the Board would adjourn to Closed Session for the purpose of a
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conference with General Counsel.
The Board recessed to Closed Session at 6:33 P.M. and the Closed Session commenced at 6:33
P.M. The Board concluded the Closed Session at 7:24 P.M.
REGULAR MEETING
III. J. Cyr called the Regular meeting to order at 7:32 P.M. He noted that no reportable action had
taken place in Closed Session.
Additional Staff Present: John Escobar, Deirdre Dolan, Randy Anderson, Malcolm Smith,
Thomas Fischer, Jodi Isaacs, Michael Williams, Del Woods, and Peggy Coats.
R. Anderson introduced Dennis Dart, Planning Technician
IV. ORAL COMMUNICATIONS
Linda Cohen, 935 Scott Street, Palo Alto, read a letter from the Stanford Open Space Alliance
regarding designating Stanford foothills west of Junipero Serra as permanent open space. She
330 Distel Circle - Los Altos, CA 94022-1404 Phone: 650 691-1200
FAX: 050-691-0485 6 E-mail: mrosdCa)openspace.org Web site:www,ol)enspa<e.org
Box(]of hire(toms:Pete Siemens,Mary C. Davey,Jed Cyr,Beane Little, Nonefle Hanko, Betsy Crowder,Kenneth C. Nitz . Geoieral Manager:1.(raig Brition
Meeting 99-29 Page 2
asked the Board to put the matter on the agenda at a future meeting and adopt a resolution
supporting this idea.
Bill Cook, Box 913, Pescadero, said he thought the communication that had been developed
with the people on the coast was valuable and he wanted to keep the door open for future
communication.
V. ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda. K. Nitz seconded the
motion. The motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
B. Crowder asked that page 3, third paragraph, of the October 27 minutes be corrected to
show Dave Moore's title as Assistant Superintendent.
D. Little asked staff to check on the spelling of the name on page 4, second paragraph, stating
he thought it was "Chibana".
Staff answered questions regarding claims 7781 and 7782.
B. Crowder and N. Hanko asked that the Ahlquist letter be changed to be more friendly. C.
Britton said staff would work with the Board President.
Motion: P. Siemens moved that the Board adopt the Consent Calendar, including
approval of the minutes of the October 27, 1999 Regular and Special Meetings
as corrected; an amended reply to a written communication from Blair Ahlquist,
6696 Crystal Springs Drive, San Jose; agenda item 6, Final Adoption of an
Amendment to the Use and Management Plan for Skyline Ridge Open Space
Preserve to Install a Bench and Commemorative Plaque; and Revised Claims
99-21. M. Davey seconded the motion. The motion passed 7 to 0.
VII. BOARD BUSINESS
A. Agenda Item 1 - Tentative Adoption of Amendment to the Preliminary Use and
Management Plan for Bear Creek Redwoods Open Space Preserve to Continue Horse
Boarding Facility Use, and Approval of Bear Creek Stables Rental Agreement;
Determination that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act; Tentative Adoption of an Amendment to the
Bear Creek Redwoods Open Space Preserve Preliminary Use and Management Plan to
Provide for a Month-to-Month Rental Agreement for the Operation of the Existing
Horse Boarding Facility; and Authorization for the General Manager to Execute the
Meeting 99-29 Page 3
Bear Creek Stables Rental Agreement for Bear Creek Redwoods Open Space Preserve
- (Report R-99-159).
T. Fischer presented the staff report, noting that the rental agreement is month-to-
month until a long-term agreement can be reached. The rent is $2,000 per month.
Regarding the limit of 72 horses on the site, he said there are not that many now, and
they are not going to be boarding more horses.
T. Fischer said there is a permit system for boarders to ride on the property, and they
are working on one for the general public. No more than 12 horses can be on the trails
at any one time. He said he would find out if water quality testing on Briggs Creek had
been done. He said dogs are allowed on the premises but not the preserve. In
reference to section 9(c) on page 3 of the agreement, he said the tenant would be in
violation of the agreement if the permits and approvals were not obtained. He said the
tenants are responsible for maintenance of the buildings.
He said use of the preserve is bound by normal District regulations, which limits where
users can go. J. Escobar said field staff is looking at the trail system and will be
making recommendations. The owners are aware there might be some trail closures.
T. Fischer said the riders are using existing trails and do remain on them. There are
many miles of roads that can be used.
Regarding concerns about the manure removal plan, a runoff plan, and whether water
monitoring was taking place, D. Woods said staff would continue to work toward a
long-term agreement which would involve monitoring waterways. Board members
urged that the water quality monitoring begin soon.
Motion: P. Siemens moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act; tentatively adopt an amendment to the Bear Creek
Redwoods Open Space Preserve Preliminary Use and Management Plan
to provide for a month-to-month rental agreement for the operation of
the existing horse boarding facility; and authorize the General Manager
to execute the Bear Creek Stables Rental Agreement for Bear Creek
Redwoods Open Space Preserve. M. Davey seconded the motion.
Discussion:, Harry Haeussler, 1094 Highlands Circle, Los Altos, asked about parking
for horse trailers and how the number of users would be controlled. T.
Fischer pointed out the designated parking areas on a map. D. Woods
said they are continuing existing uses which means very limited use.
The limits are based on past use.
Vote: The motion passed 7 to 0.
Meeting 99-29 Page 4
B. Agenda Item 2 - Proposed Addition of Greenblatt Property to the Long Ridge 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 Greenblatt Property; Tentative Adoption of Preliminary
Use and Management Plan Recommendations, Including Naming the Property as an
Addition to the Long Ridge Open Space Preserve; and Indication of Intention to
Withhold Dedicating the Property as Public Open Space at This Time - (Report R-99-
158).
D. Woods showed the location of the property on a map and how it could be accessed,
and showed slides taken on the property. He said the property was outside District
boundaries but within the District's sphere of influence.
M. Williams reviewed the terms and conditions of the acquisition. He said the property
was part of Portola Heights. There is an annual assessment of$300 per parcel for road
maintenance, and there can be special assessments.
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 report; adopt Resolution No. 99-47, Resolution of the
Board of Directors of 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 (Long Ridge Open Space
Preserve - Lands of Greenblatt et al.); tentatively adopt the Preliminary
Use and Management Plan recommendations contained in the staff
report, including naming the property as an addition to the Long Ridge
Open Space Preserve; and indicate their intention to withhold dedicating
the property as public open space at this time. D. Little seconded the
motion. The motion passed 7 to 0.
The President moved the agenda to Item. No. 8.
C. Agenda Item 8 - Proposed Addition of Proctor and Collins Properties to the
Thornewood 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 Robert Proctor, et
al. Property; Adoption of a Resolution Authorizing Purchase of the Glenn
Proctor Property; Adoption of a Resolution Authorizing Purchase of the Collins
Property; Tentative Adoption of Preliminary Use and Management Plan
Recommendations, Including, Naming the Properties as Additions to the
Meeting 99-29 Page 5
Thornewood Open Space Preserve; and Indication of Intention to Dedicate the
Properties as Public Open Space - (Report R-99-161).
M. Williams pointed out the property on a map and said the District now has the
opportunity to acquire all the properties.
D. Woods showed slides of the area. He said the bridge is the most important
thing to be addressed by the Use and Management report because the area is so
popular. During the time before the District takes possession of the property,
he hoped they could work with the Woodside Trails Club to keep a bridge in
place.
B. Crowder said a number of cars park on the hairpin turn, and if this became
another access to Thornewood that could become a problem. D. Woods said
there is a sign limiting parking between 6:00 P.M. and 6:00 A.M. He said staff
would have to monitor those problems and that they would work with other
options to redirect use.
C. Britton said the lots go to the edge of the road, not the center of the road, so
the road is still owned by the original subdividers of the property. This has not
been a problem in other similar situations.
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. 99-51, Resolution of the Board of Directors
of 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 (Thornewood Open Space Preserve - Lands of
Collins - Parcel Three); adopt Resolution No. 99-50, Resolution
of the Board of Directors of 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 (Thornewood Open Space Preserve - Lands of Glenn
Procter et al. - Parcel Four); adopt Resolution No. 99-49,
Resolution of the Board of Directors of Midpeninsula Regional
Open Space District Authorizing Acceptance of Purchase
Agreement, Authorizing Officer to Execute Certificate of
Meeting 99-29 Page 6
Acceptance of Grant to District, and Authorizing General
Manager to Execute Any and All Other Documents Necessary or
Appropriate to Closing of the Transaction (Thornewood Open
Space Preserve - Lands of Robert Procter et al. - Parcel One);
adopt Resolution No. 99-52, Resolution of the Board of Directors
of 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 (Thornewood Open Space Preserve - Lands of
Proctor et al. - Parcels Two and Five); tentatively adopt the
Preliminary Use and Management Plan recommendations
contained in the staff report including naming the properties as an
addition to the Thornewood Open Space Preserve; and indicate
their intention to dedicate the properties as public open space. K.
Nitz seconded the motion. The motion passed 7 to 0.
D. Agenda Item 3 Authorization to Contract for Resource Inventory and Assessment
Planning Services at Sierra Azul Open Space Preserve, Determination that the Proposed
Sierra Azul Open Space Preserve Resource Inventory and Assessment Project is
Categorically Exempt from the California Environmental Quality Act-, Authorization for
the General Manner to Execute an Agreement with Aerial Information Systems in the
Amount Not to Exceed $18,500 to Provide Vegetation and Habitat Mapping Services at
Sierra Azul Open Space Preserve, Authorization for the General Manager to Execute an
Agreement with Biotic Resources Group in the Amount Not to Exceed $37,950 to
Conduct a Botanical Inventory and Assessment at Sierra Azul Open Space Preserve;
Authorization for the General Manager to Execute an Agreement with Dana Bland and
Associates in the Amount Not to Exceed $32,500 to Conduct a Wildlife Inventory and
Assessment at Sierra Azul Open Space Preserve, Authorization for the General
Manager to Execute an Agreement Eric Remington in the Amount Not to Exceed
$5,000 to Provide Assistance to Dana Bland and Associates with the Wildlife Inventory
at Sierra Azul Open Space Preserve-, Authorization for the General Manager to Execute
an Agreement with Jeff Nolan and Associates in the Amount Not to Exceed $42,750
Conduct a Geological and Soils Inventory and Assessment at Sierra Azul Open Space
Preserve, Authorization for the General Manaizer to Execute an Agreement with
Swanson Hydrology and Geomorphology in the Amount Not to Exceed $20,000 to
Conduct a Hydrological and Water Quality Inventory and Assessment at Sierra Azul
Open Space Preserve, Authorization for the General Manager to Execute an Agreement
with Steven Singer in the Amount Not to Exceed $12,000 to Conduct an Assessment of
the Roads and Trails at Sierra Azul Open Space Preserve; Authorization for the General
Manager to Execute an Agreement with Gavin Hoban in the Amount Not to Exceed
$11,500 to Provide Assistance to Steven Singer with the Road and Trail Assessment
Meeting 99-29 Page 7
and to Coordinate Production of Maps and Graphics for the Project Using Global
Position Satellite (GPS) and Geographic Information System (GIS) Technology;
Authorization for the General Manager to Execute an Agreement with Charlene Duval
in the Amount Not to Exceed $7,500 to Conduct an Inventory and Assessment of the
Cultural, Historical, and Archaeological Features at Sierra Azul Open Space Preserve;
and Authorization for the General Manner to Purchase a Trimble Pro XR Global
Positioning Satellite (GPS) Receiver in the Amount Not to Exceed $11,750 Throuilh a
California Multiple Award Service Contract for Use in Resource Mapping Activities,
and Authorization for the General Manager to Transfer This Amount from the Planning
Program's Contract Services Budget to the Capital Equipment Budget - (Report R-99-
155).
M. Freeman described the project and provided background information, outlining staff
recommendations. He said $200,000 covered the development of the resource
inventory for the entire preserve. Very preliminary estimates for Phase II are an
additional $50,0004100,000. Discussion followed regarding purchase of the GPS
receiver.
P. Siemens said he liked the recommended approach because it got staff more involved
with running the job. He said he hoped staff would document methods as well as
results.
Regarding the phrase "wildlife inventory", M. Freeman said it was a catchall phrase
for mapping and documenting resources. He said staff proposes to generate lists of
predicted species, then document what they see in the field. The geological and soils
inventory was expensive because one of the tasks included mapping historic roads and
development patterns. He said there will be aerial images from before and after the
1985 fire, and that staff will be focusing on fire potential. He said consultants
understand that they are not allowed on private properties without permission. He said
the topographical relief map was based on a digital elevation model in the GIS.
Harry Haeussler, 1094 Highlands Circle, Los Altos, congratulated them for getting
started on this project. M. Freeman explained the reasons for hiring contractors to help
other contractors (recommendations 5 and 9). C. Britton said the District would be
acting as the general contractor on this project.
Motion: K. Nitz moved that the Board determine that the proposed Sierra AZU1
Open Space Preserve Resource Inventory and Assessment Project is
categorically exempt from the California Environmental Quality Act
(CEQA), based on findings contained in the staff report; authorize the
General Manager to execute an agreement with Aerial Information
Systems in the amount not to exceed $18,500 to provide vegetation and
habitat mapping services at Sierra Azul Open Space Preserve; authorize
Meeting 99-29 Page 8
the General Manager to execute an agreement with Biotic Resources
Group in the amount not to exceed $37,950 to conduct a botanical
inventory and assessment at Sierra Azul Open Space Preserve; authorize
the General Manager to execute an agreement with Dana Bland and
Associates in the amount not to exceed $32,500 to conduct a wildlife
inventory and assessment at Sierra Azul Open Space Preserve; authorize
the General Manager to execute an agreement Eric Remington in the
amount not to exceed $5,000 to provide assistance to Dana Bland and
Associates with the wildlife inventory at Sierra Azul Open Space
Preserve; authorize the General Manager to execute an agreement with
Jeff Nolan and Associates in the amount not to exceed $42,750 to
conduct a geological and soils inventory and assessment at Sierra Azul
Open Space Preserve; authorize the General Manager to execute an
agreement with Swanson Hydrology and Geomorphology in the amount
not to exceed $20,000 to conduct a hydrological and water quality
inventory and assessment at Sierra Azul Open Space Preserve; authorize
the General Manager to execute an agreement with Steven Singer in the
amount not to exceed $12,000 to conduct an assessment of the roads and
trails at Sierra Azul Open Space Preserve; authorize the General
Manager to execute an agreement with Gavin Hoban in the amount not to
exceed $11,500 to provide assistance to Steven Singer with the road and
trail assessment and to coordinate production of maps and graphics for
the project using Global Position Satellite (GPS) and Geographic
Information System (GIS) Technology; authorize the General Manager to
execute an agreement with Charlene Duval in the amount not to exceed
$7,500 to conduct an inventory and assessment of the cultural, historical,
and archaeological features at Sierra Azul Open Space Preserve; and
authorize the General Manager to purchase a Trimble Pro XR Global
Positioning Satellite (GPS) Receiver in the amount not to exceed
$11,750 through a California Multiple Award service contract for use in
resource mapping activities, and authorize the General Manager to
transfer this amount from the Planning Program's contract services
budget to the capital equipment budget. M. Davey seconded the motion.
The motion passed 7 to 0.
D. Agenda Item 4 - Dedication Status of District Lands, Adoption of a Resolution
Dedicating Interests in Certain District Lands for Public Open Space Purposes -
(Report R-9 -156).
D. Woods said this was an annual report. There are 45,267 acres preserved by
the District, including lands leased and managed. Of this, 3,257 cannot be
dedicated because the District does not have an ownership interest. He said if
Meeting 99-29 Page 9
they dedicated the 981 acres at this time, it would mean that 68% of the
District's dedicatable land would be dedicated.
N. Hanko explained that dedication means that the land would be in open space
for perpetuity unless there is a vote of the entire District to remove the
dedication.
C. Britton asked that the resolution be amended in the Saratoga Gap section to
read POST (Zabel); and the Windy Hill section, to place the notation after the
word Slobe, and change the closing date to November 3, 1999. In addition, he
said staff would change the notation at the bottom to add the date and resolution
number of when the Slobe property was originally dedicated.
Motion: P. Siemens moved that the Board adopt Resolution No. 99-48 as
amended, resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Dedicating Interests
in Certain District Lands for Public Open Space Purposes. K.
Nitz seconded the motion. The motion passed 7 to 0.
E. Agenda Item 5 - Tentative Adoption of an Amendment to the Use and
Management Plan for Rancho San Antonio Open Space Preserve to Install a
Bench for Use by Peninsula Open Space Trust in its Memorial Giving Progra
and Determination That the Recommended Actions are Categorically Exempt
Under the California Environmental Quality Act - (Report R-99-154).
M. Smith presented the staff report.
K. Nitz said he was not fond of seeing benches in open space and thought there
should be a policy in terms of placement and number of benches.
C. Britton talked about the Board's discussion of this policy over the years.
N. Hanko said that the Board had been asked occasionally to provide benches
for people who need places to rest when they are hiking.
Motion: K. Nitz moved that the policy be amended to state that the
proposal for finding sites for all future benches be reviewed by
the Use and Management Committee prior to coming to the
Board.
Discussion: N. Hanko said she would like to see the list establish benches in
appropriate places with a sensible distance in between. C. Britton
said when this item comes to the Board for a second reading,
Meeting 99-29 Page 10
staff could include in the report that the balance of this program,
as it is developed, will be passed through Use and Management.
Motion dies: The motion died for lack of a second.
Motion: P. Siemens moved that the Board determine that the
recommended actions are categorically exempt under the
California Environmental Quality Act as set out in the staff
report; and tentatively adopt an amendment to the Comprehensive
Use and Management Plan for Rancho San Antonio Open Space
Preserve to permit installation of a bench for use by Peninsula
Open Space Trust in its memorial giving program. M. Davey
seconded the motion. The motion passed 6 to I (Dir. Nitz
dissenting).
F. Agenda Item 7 - Approval of Revisions to the Personnel Policies and
Procedures Manual, Section 2.3 Probationary Period, and Section 4.2 Titles and
Specifications - (Report R-99-157).
D. Dolan presented the report.
S. Schectman answered questions about probation, noting that the essence of
probation is that an employee can be terminated without cause.
D. Dolan said this action would not affect the District's agreements with the
union.
Motion: N. Hanko moved that the Board approve revisions to Section 2-3-
Probationary Period and Section 4.2-Titles and Specifications of
the Personnel Policies and Procedures Manual. P. Siemens
seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
M. Davey: 1. She commended staff for the gathering on Bear Creek Preserve and thanked
them for the presentation. 2. The scoping session for the proposed Stanford community plan
was being heard by the county tonight. The Community Resource Group would meet
tomorrow. She proposed putting the item on the Board's January 12 agenda, and hoped the
Board could take a position on the Stanford plan.
By consensus, Board members directed that the Stanford plan item be placed on the January 12
agenda.
Meeting 99-29 Page 11
P. Siemens: 1. He attended the meeting at Presentation Center regarding the Bear Creek
Redwoods and thought it was well done. 2. He referred to an article in the Los Gatos Weekly
about a mountain unicycle.
D. Little said that he spotted a mountain lion while he was hiking on Russian Ridge.
B. Crowder: 1. Her hiking group went to the Picchetti Winery and she was impressed by the
new lessee. 2. She reported that she had worked with the trail building volunteers at Rancho
San Antonio on the native plant nursery there where they are developing plants to re-vegetate
District preserves. 3. She had a copy of the ROMP newsletter. 4. The San Mateo County
Trails Committee is working on the EIR for the new county trails plan. 5. She said POST had
honored volunteers last night.
C. Britton: 1. M. Smith would be taking pictures of Board members at this time. 2. He
attended the Coastal Conservancy meeting in Los Gatos where they announced a $3 million
grant and a $3 million interest-free loan for two years for Bear Creek Redwoods Open Space
Preserve. $2 million was still to be approved by the Wildlife Conservation. 3. He had
publicity brochures about open space from Marin County. 4. Senator Boxer's office had
expressed interest in working with the District on the Mt. Umunhurn cleanup. 5. He met with
Phil Rose, City Manager of Los Altos, regarding the gate at St. Joseph's. 6. FYIs included
M. Foster's mid-year budget report and a letter regarding changing the zoning in the Baylands.
7. He referred to a letter regarding the Genn property in Monte Sereno, and noted that Monte
Sereno City Council voted against access through Monte Sereno to get to this property.
S. Schectman: 1. She provided updates on the Richard suit regarding the road maintenance
issue at Thornewood, the Obermayer Portola Road matter, and the Arlie litigation. 2. She
said she would be on vacation next week. 3. She provided information on the Diesel
restitution hearing.
D. Dolan announced the holiday work schedule.
R. Anderson said T. Fischer deserved credit for the letter to the county regarding bay
drylands.
IX. ADJOURNMENT
At 10:35 P.M., the meeting was adjourned.
Roberta Wolfe
RECORDING SECRETARY