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HomeMy Public PortalAbout20000126 - Minutes - Board of Directors (BOD) Onal . ., MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-02 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS January 26, 2000 CORRECTED MINUTES SPECIAL MEETING I. ROLL CALL President Ken Nitz called the meeting to order at 6:32 P.M. Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane Little(arrived at 6:45 PM), and Betsy Crowder. Members Absent. None. i I Staff Present: Craig Britton, Sue Schectman, Del Woods, Mike Williams, Tom Fischer, and Randy Anderson H. CLOSED SESSION K. Nitz stated that the Board would adjourn to Closed Session for the purpose of a conference with Real Property Negotiator. i 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 7:30 P.M. REGULAR MEETING i III. K. Nitz called the Regular meeting to order at 7:34 P.M. He noted that no reportable action had taken place in Closed Session. i Additional Staff Present: John Escobar, Deirdre Dolan, Malcolm Smith, Mary de Beauvieres, and Peggy Coats. IV. ORAL COMMUNICATIONS -None. V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 7 to 0. 310 Distel Circle . Los Altos, CA 94022-1404 . Phone: 6.50 691-1"-00 FAX: 650-691-0485 . E-mail: mrosdr,openspace.org . web site:www.openspace.org Boar 1 u1 f)irec torw.{etc ,Siernen, Mary C. , ,Davey led Cyr,Deane L ittle, Nonette t lanko,Betw �� � sy Crowder,Kenneth C Mir � General M xr'raygev:l Crait;Britton i i i Meeting 00-02 Page 2 i i i VI, ADOPTION OF CONSENT CALENDAR J. Escobar said Claim 11-09 was for chain link fencing at Bear Creek. N. Hanko removed agenda item 7, Annual Progress Report on the Use of Radar on District g �- — Lands and P. Siemens removed agenda item 8,Report on Ranger Bicycle Patrol Program for Calendar Year 1999. B. Crowder removed the January 12 Minutes. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including agenda item 9, Authorization to Purchase Four Fire Pumpers for District Patrol Vehicles; agenda item 10,Final 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(POST) in its Memorial Giving Program; agenda item 11, Authorization to Change District's Designation of Authorized Signatories for Entering District Safe Deposit Boxes; and Revised Claims 2000- 02. B. Crowder seconded the motion. The motion passed 7 to 0. VH. APPROVAL OF MINUTES i JangM 12, 2000, Regular Meeting i B. Crowder made the following correction: Page 4—add to end of the last sentence, "Biological Preserve in San Mateo County through Stanford lands and to District lands in Santa Clara County." i I i N. Hanko made the following corrections: Page 4—paragraph 2, sentence 11, should read, " . . . which is different from an urban service area boundary . . . ." (instead of urban service boundary area). i Page 6—paragraph 7, change"5,00 square feet"to "5,000 square feet." i Motion: J. Cyr moved to approve the minutes as corrected. B. Crowder seconded the motion. The motion passed 7 to 0. VM. BOARD BUSINESS A. Agenda Item No. 1 - Consideration of Resolution Endorsing Proposition 13, the Safe Drinking Water, Clean Water Watershed Protection, and Flood Protection Act of 2000, on the March 7, 2000 Ballot—(Report R-00-16). Moti n: B. Crowder moved that the Board adopt Resolution No. 00-09,Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Proposition 13, the Safe Drinking Water, Clean Water, i i j Meeting 00-02 Page 3 Watershed Protection, and Flood Protection Act of 2000, on the March 7, 2000 Ballot. M. Davey seconded the motion. Discussion: N. Hanko said this is a proposition that would uld be of interest to people on the coast who have been working with the District and asked that the text of Propositions 12 and 13 be sent to them. M. Davey talked about the campaign for the propositions in Santa Clara County. Vote: The motion passed 7 to 0. B. Agenda Item No. 2- Consideration of Coastal Advisory Committee Recommendation to Declare the Committee's Work Completed and to Dissolve the Committee. and Consideration of Disbanding the Board's Ad Hoc Committee on Coastal Annexation: Acceptance of the Coastal Advisory Committee's Recommendation to Declare the Committee's Work Completed and Dissolve the Committee with the Board's Sincere Thanks; and Consideration of Disbanding the Board's Ad Hoc Committee on Coastal i Annexation—(Report R-00-17). i C. Britton provided background information and explained the recommendation to the Board. Regarding the proposed boundaries, he had met with LAFCO recently and everything is progressing as planned. jJ. Cyr said he thought there was still value in keeping the CAC intact as a resource as the District goes through the annexation process. N. Hanko said the entire Board of Directors should be involved with the process and with the coastal community. D. Little agreed with N. Hanko and said the Board may wish to consider forming another committee as needed in the future. B. Crowder asked that board members be informed of when the consultants will meet with local groups so they have the option to attend those meetings. Harry Haeussler, 1094 Highlands Circle, Los Altos, questioned whether a quorum of Board members attending a group meeting would constitute a District Board meeting. S. Schectman explained the Brown Act condition which allows a majority of board members to attend an open and noticed meeting of a local community group, or social functions, and asked Board members to check with her regarding permissibility of them attending a particular event. C. Britton said letters will be sent to members of the CAC thanking them. Motion: B. Crowder moved that the Board accept the Coastal Advisory Committee's recommendation to declare the Committee's work completed, and dissolve the Committee with the Board's sincere thanks; and disband the Board's Ad Hoc Committee on Coastal Annexation. P. Siemens seconded the motion. The motion passed 7 to 0. Meeting 00-02 Page 4 i i I I S. Schectman spoke regarding the process, noting that she and C. Britton had met with the heads of LAFCO. The three documents being prepared in the technical process are the service plan, a fiscal plan, and the CEQA document. She said what will emerge through the process is a mechanism for the eminent domain policy to be secure and permanent, which will require some work and cooperation with all the local interest groups ou s and the Board reaching a level of comfort on what mechanism they choose. She said San Mateo County LAFCO has an FYI status report on the annexation proposal. She said the consultant is doing the bulk of the work on the documents, while she was providing legal advice and working on the eminent domain policy issue. C. Agenda Item No. 3 -Proposed Adoption of a Resolution approving the California II Wildlife Conservation Board Real Property Acquisition Grant Agreement in the Amount of$2 Million for Bear Creek Redwoods Open Space Preserve, and Authorization for the General Manager to Execute the Grant Agreement on Behalf of the District and All Other Documents Necessary to Qualify the District for Acceptance of the Grant—(Report R- 00-18). i i C. Britton reviewed staffs recommendations. i Motion: J. Cyr moved that the Board adopt Resolution No. 00-10, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District I Authorizing the General Manager to Execute a Grant Agreement with the California Wildlife Conservation Board to Provide Funds for the Purchase of Real Property Located South of the Town of Los Gatos (Bear Creek Redwoods Open Space Preserve). P. Siemens seconded the motion. The motion passed 7 to 0. I D. Agenda Item No. 4-Proposed Addition of San Mateo County Property to the Purisima Creek Redwoods Open Space Preserve;Determination that the Recommended Actions are Categorically Exem t from the California Environmental Quality Act, Adoption of a g v p Q Y P Resolution AuthorizingAcceptance of a Gift of the San Mateo Count Pro ert P e v p v. n Tentative Adoption of Amended Use and Management Plan Recommendations. Including Naming the Property as an Addition to the Purisima Creek Redwoods Open Space Preserve.• Indication of Intention to Dedicate the Property as Public Open Space at This Time—(Report R-00-20). C. Britton reviewed the staff report. Harry Haeussler, 1094 Highlands Circle, Los Altos, questioned whether District will have public picnic areas in the property, and was informed that there are already such facilities on the site. Motion: J. Cyr 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. 00-11, Resolution of the I I I Meeting 00-02 Page 5 i Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of a Gift of the San Mateo County Property; tentatively adopt the Amended Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Purisima Creek Redwoods Open Space Preserve; and indicate their intention to dedicate the property as public n the motion. The motion im seconded ace at this time. P. iemens seco S open space . P 7 to 0 asked I i E. Agenda Item No. 5- Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority—(Report R-00-06), I K. Nitz explained his nomination recommendations. Motion: N. Hanko moved that the Board approve the Board President's appointment of Directors Siemens, Davey, and Crowder to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. J. Cyr seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 6—Appointment of Current Year Board Committees—(R.eport R-00- I I I K. Nitz reviewed his nomination recommendations. Motion: P. Siemens moved that the Board approve the Board.President's appointment to standing and ad-hoc committees as contained in the staff report, including the determination of compensation status. N. Hanko seconded the motion. The motion passed 7 to 0. K. Nitz distributed a written request that each committee conduct a review of their committee by June and report back to the Board as a whole. G. Agenda Item No. 7-Annual Progress Report on the Use of Radar on District Lands— (Report R-00-11). N. Hanko questioned the report's conclusions stating that violations and citations had decreased. J. Cyr replied his sense was that it stayed steady 25-30% over 15 mph, and 1% over 25 mph so that about one-third of the people were observed going faster than the district's speed limit, and that has remained fairly constant. N. Hanko asked if staff is out there giving citations in these troublesome areas, and the statistics may actually look like they are worse than they had been in previous years. I Escobar stated that he was not sure he would draw that conclusion. He thinks that the number of citations staff has written has dropped off. The staff did receive some initial guidelines on how aggressive to be on the citations and he suspects the number shows that the staff have lightened up a I i I I i Meeting 00-02 Page 6 i I I bit on actually issuing tickets. Staff may tend to issue more citations when they're working in teams, on radar,than they do when they're working alone. The ranger may also be basing his or her decision on other factors, such as the presence of other visitors or the line of site of the bicycle rider. We may have also become a little less aggressive. P. Siemens stated that 800 violations and 25 citations seems like it's light. C. Britton said that this is 16-20 miles range. Part of our program is trying to educate people that they're speeding and not give them tickets for traveling just barely over the speed limit. J. Escobar said that all 800 were contacted and notified that they were going too fast. Motion: P. Siemens moved that the Board accept the informational report. N. Hanko seconded the motion. Discussion: J. Cyr said the program's been in place about five years. At what point do we need to consider updating the radar equipment? J. Escobar stated that we have started out with two units and now have four with the newer ones being a lot lighter and easier to operate. i Vote: The motion passed 7 to 0. I I i H. Agenda Item No. 8—Report on Ranger r Bicycle Patrol Program for Calendar Year 1999 —(Report R-00-13). P. Siemens questioned the conclusion that impact of rain would really drop the hours so much. J. Escobar stated that for four of the bike patrol staff there are target hours and they achieved those. Additional hours shown are those who can use the third bike in any geographical area, and there is no absolute requirement that they ride it so many hours, since they are not assigned to the program. Extra hours are voluntary, given workloads and weather. Enthusiasm is not waning. I I Motion: P. Siemens moved that the Board accept the information report on the ranger bicycle patrol program. N. Hanko seconded the motion. The motion passed 7 to 0. I. Agenda Item No. 12—Tentative Adoption of a Use and Management Plan Amendment for the Trail Use Designation of Sausal Trail at Windy Hill Open Space Preserve: Determination that the Proposed Actions are Categorically rically Exempt under the California Environmental Quality Act. and Tentative Adoption of a Use and Management Plan Amendment Designating Sausal Trail for Hiking Use Only, Including_Opening the Trail to Companion Dogs on Leash—(Report R-00-211 M. de Beauvieres provided background. Staff would like to open this trail to dog use to make it consistent with other trail designations in the area. An e-mail from Scott Kennedy which came in Friday was distributed. He is requesting that no action be taken until a decision is made regarding the Kabcenell driveway, which has to be reviewed by the Town of Portola Valley. B. Crowder questioned why no equestrian use was Meeting 00-02 Page 7 proposed. M. de Beauvieres replied that hikers would like to be able to enjoy the trail without competition from bikers or horses. N. Hanko asked if we had problems with bicyclists. M. de Beauvieres replied that there was no problem with compliance. J. Cyr I asked if the Board approves this tentative amendment, and later construction causes us to need to change, how difficult would it be? He asked about dog compliance. B. Crowder replied that there is only a 30% dog leash use. I Harry Haeussler, 1094 Highlands Circle, Los Altos, said he was under the impression that this was going to be a horse trail, not a hiking trail. Mary Hufty, 257 Madache Drive, Portola Valley, Portola Trails Committee, (PVTC)was led to believe this would be both an equestrian/pedestrian trail. She feels that eliminating horse use is an elimination of rural values. She asked the Board to table the item and consider it more deeply before eliminating equestrian use. She provided a signed petition asking to allow equestrian use. N. Hanko asked whether PVTC would like to make a formal presentation. Ms. Hufty said they'd be glad to. D. Little asked what PVTC feels about dog use. M. Hufty says PVTC doesn't have a problem with dogs. Joel Schreck, 255 Golden Hills Drive, Portola Valley, PVTA urged the Board to shelve the decision until a decision regarding driveway is made by Portola Valley. Sarah Fries, 135 Farm Road, Woodside, asked if there were any equestrians on staff or Board. She hoped that there has not been an assumption that equestrian, pedestrian and dog use are all the same in their impact and use. She asked the Board to defer the i decision until the driveway decision is made. j Dorothea Nell, 2 Valley Oak, Portola Valley, PVTC, agreed with other speakers. She asked the Board to consider the issue over a longer period of time. She invited Board members to attend one of their meetings. Jeanette Hansen, 1225 Portola Road, Portola Valley, PVTC, agreed with other speakers. She urged the Board to defer a decision. Judi Baskin, P. O. Box 620108, Woodside, equestrian. District volunteer horse patrol. She feels that people enjoy encountering horses on the preserves, and asked the Board not to eliminate use. N. Hanko wanted to correct the idea that staff may be trying to make this a hiking trail to comply with wilderness trail policy. Equestrian use would not interfere with wilderness experience. J. Cyr asked what the impact would be of deferring a decision. M. de Beauvieres stated that this would be a good compromise, however, use of the trail would remain hiking only until a decision is made. P. Siemens asked if this is primarily a wildlife protection issue. M. de Beauvieres replied yes. M. Davey expressed concern that signage went up prohibiting horse use without equestrians being involved in a process. She expressed concern about closing the trail to horses without an understanding i Meeting 00-02 Page 8 i I I I in the community. C. Britton clarified that it wasn't open to horses—the sign just said "temporarily closed." J. Cyr. Asked if we can put a sign up explaining it's a new trail undergoing a decision process. Motion: J. Cyr moved that the Board table the decision. D. Little seconded the motion. The motion passed 7 to 0. k h staff remove current sign and put sign u saying"temporarily B. Crowder asked that g P 8 P Y 8 P Y closed." J. Escobar stated we were remiss in not putting up permanent signage early on. Staff will put back a sign saying "temporarily closed." i IX. INFORMATIONAL REPORTS I M. Davey: 1. Conservation Center will have Propositions 12 and 13 meeting on February 11 at 7:00 p.m. 2. She and N. Hanko attended a special Board of Supervisors meeting in San Jose. i i N. Hanko: 1. Met with Joe Simitian before meeting. 2. Stated that the South Skyline I Association will meet on Friday, January 28 regarding wild pigs. I D. Little: 1. Congratulated K. Nitz on idea of committee review and for noting three minute time limit during Informational Reports. 2. Met with Scott Boyd of FOCUS regarding the District's need to attend to coastal environmental issues and needs, and include those groups in i annexation process. J. Cyr: 1. Thanked Malcolm for his service to District. 2. Reported a recent newspaper article regarding Brown Act compliance, thanked S. Schectman for keeping the Board informed and in compliance with this Act. B. Crowder: 2. M. Davey helped put on fundraiser by Committee for Green Foothills. 2. Stated that next Tuesday, February 1, the San Francisco Water Department will have public hearing on EIR. C. Britton: 1. Wildlife Conservation Board of Directors meet February 17 in Sacramento. Any Board member wanting to go to please call him. 2. Tuesday, February 8 State Parks and Recreation will hold meeting on proposed projects for Proposition 12. He will go and would like to invite a Board member or two. 3. Went to Bay Area Open Space council meeting on Propositions 12 and 13 and distributed information to Board. 4. Two grants to be awarded under the Habitat Conservation Fund: Loma Prieta Ranch property, $274,000, and Mill Creek Preserve, $150,000. S. Schectman: 1. Attended court hearing in LGCC v. District (Arlie lawsuit). 2. Labor negotiations will begin next week. 3. In the Richard matter, a motion for a new trial has been filed. Meeting 00-02 Page 9 I Escobar: 1. Use and Management Committee will meet soon to discuss wild pigs. 2. Operation Manager recruitment will re-open after Salary and Benefits decisions are made to enhance the chance for success. X. ADJOURNMENT At 9:39 P.M.,the meeting was adjourned. Roberta Wolfe Recording Secretary