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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-11
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
May 10, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Ken Nitz called the meeting to order at 6:35 P.M.
Members Present: Mary Davey, Jed Cyr, Ken Nitz, Betsy Crowder, Peter Siemens, and
Deane Little.
Members Absent: Nonette Hanko.
Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, and Mike Williams.
11. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Items I and 2.
The Board recessed to Closed Session at 6:35 P.M and the Closed Session commenced at 6:35
P.M. The Board concluded the Closed Session at 7:30 P.M.
REGULAR MEETING
111. K. Nitz noted that no reportable action had taken place in Closed Session, and called the Regular
Meeting to order at 7:35 P.M.
Additional Staff Present: John Escobar, Gordon Baillie, Deirdre Dolan, Del Woods, Randy
Anderson, Duncan Simmons, Jenny Preciado, Lisa Zadek and Thomas Fischer.
IV. ORAL COMMUNICATIONS
There were none.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. B. Crowder seconded the motion.
The motion passed 6 to 0.
330 Distel Circle * Los Altos, CA 94022-1404 Phone:050-691-1200
FAX: 650-691-0485 - E-mail: mrosd(01 openspace.org Web site:www.ol)ensl).ice.org �P
Board of Directors:Pete Sienwns,Mary C. Davey,led Cyr, Deane I iltle, Nanette Hanko, Betsy Crowder, Kenneth C. Nit/ - Generd MdIMA4er I.Craig Britton
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Meeting 00-11 Page 2
VI. ADOPTION OF CONSENT CALENDAR
Motion: M. Davey moved that the Board adopt the Consent Calendar, including minutes of
the April 12, 2000 Regular and Special Meetings; Agenda Item 4, Approval of
Revisions to the Personnel Policies and Procedures Manual; Adopt the Revisions
to the Personnel Policies and Procedures Manual Retroactive to April 1, 2000,
Agenda Item 5, Adoption of Resolutions to Contract for Coverage Under the
Public Employees' Medical and Hospital Care Act, Fix the Employer's
Contribution at $50.00 Per Month, and Provide Benefits to Domestic Partner's of
Employees and Annuitants, and Revised Claims 00-09. J. Cyr seconded the
motion. The motion passed 6 to 0.
VII. BOARD BUSINESS
A. Agenda Item No. I - Approval of Proposed Mitigated Negative Declaration and
Mitigation Monitoring Program in Accordance with California Environmental Quality
Act, Approval of Purchase Agreement for the Proposed Addition of Krone and Bishop
(Trustees U.T.A.) Property to the El Sereno Open Space Preserve; and Approval of
Agreement with Adiacent Signatory Landowners for Release from Obligations Relating
to Certain Easements; Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in the Report, Including Naming the Property as an
Addition to the El Sereno Open Space Preserve-, Indicate Your Intention to Dedicate
Approximately 258 Acres of the Property as Public Open Space at This Time and to
Withhold Approximately One Acre of the Property to Allow for Possible Transfer of
Ownership to the San Jose Water Company-(Report(Report R-00-62).
D. Woods introduced Deborah Kirtman from Environmental Science Associates.
C. Britton provided background information and introduced staff members of the team
who were involved with this project.
D. Woods described the property and showed slides. He talked about the mitigated
negative declaration and CEQA findings and reviewed use and management issues.
C. Britton outlined the terms of the purchase agreement, noting that it was a little out of
the ordinary because of the existing lawsuit.
S. Schectman described the agreement with the landowners regarding provision of
domestic water. There are two conditions precedent: 1. The Board decides to purchase;
and 2. At least 20 Montgomery Highlands owners sign the agreements. She explained
that San Jose Water would own and maintain the water system. She acknowledged the
assistance of Judge Weiss. Regarding proportion of use of the road, S. Schectman said it
was decided by agreement of the parties, or arbitration if there was not agreement.
Meeting 00-11 Page 3
D. Woods said staff had spent a lot of time exploring standards for the water tank, and the
engineers feel there is no risk of it failing. He said the land is suitable for trails and trail
connections to Villa Montalvo.
Board members expressed thanks to the staff and Judge Weiss.
Motion: M. Davey moved that the Board approve the proposed Mitigated Negative
Declaration and Mitigation Monitoring Program in accordance with
California Environmental Quality Act ("CEQA") and adopt the CEQA
findings as set out in the staff report; adopt Resolution No. 00-23,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Approving the Amended Purchase Agreement-Bargain Sale
of Property Owned by Krone and Bishop as Trustees; adopt revised
Resolution No. 00-24, Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving the Agreement
with Adjacent Signatory Landowners to Fulfill District's Obligations
Relating to Certain Easements, Rights or Covenants to provide Domestic
Water Supply and Road Maintenance; tentatively adopt the Preliminary
Use and Management Plan recommendation contained in the staff report,
including naming the property as an addition to the El Sereno Open Space
Preserve; and indicate their intention to dedicate approximately 258 acres
of the property as public open space at this time and to withhold
approximately one acre of the property to allow for possible transfer of
ownership to San Jose Water Company. D. Little seconded the motion.
The motion passed 6 to 0.
Judge Weiss commented on concerns he had, noting that the contribution of$800,000 is
for the District to get out of the water business, not in exchange for the property owners'
easements.
B. Agenda Item No. 2 - Acceptance of Gift of Zion Lutheran Property as an Addition to the
Mt. Umunhum Area of Sierra Azul Open Space Preserve; Determine that the
Recommended Actions as Set Out in the Report are Categorically Exempt from the
California Environmental Quality Act, Adopt the Resolution Accepting the Gift of Zion
Lutheran Church Property; 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 Sierra Azul Open Space Preserve; Indicate Your
Intention to Withhold the Property from Dedication as Public Open Space at This Time -
(Report R-00-58).
M. Williams presented the staff report and showed the property on the map and slides.
Motion: B. Crowder moved that the Board determine that the recommended
actions as set out in the staff report are categorically exempt from the
California Environmental Quality Act; adopt Resolution No. 00-25,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Meeting 00-11 Page 4
Space District Accepting the Gift of Zion Lutheran Church Property;
tentatively adopt the Preliminary Use and Management Plan
recommendations contained in the staff report, including naming the
property as an addition to the Mt. Umunhurn area of Sierra Azul Open
Space Preserve; and indicate their intention to withhold the property from
dedication as public open space at this time. J. Cyr seconded the motion.
Vote: The motion passed 6 to 0.
C. Agenda Item No. 3 - Agreement with Santa Clara County Fire Department to Conduct a
Controlled Burn on the Rancho de Guadalupe Portion of the Sierra Azul Open Space
Preserve; Determine that the Recommended Actions as Set Out in the Report are
Categorically Exempt Under the California Environmental Quality Act; Authorize the
General Manager to Execute the Attached Permit to Enter for the Purpose of Allowing
the Santa Clara County Fire Department to Conduct a Controlled Bum on the Rancho de
Guadalupe Portion of the Sierra Azul Oven Space Preserve—(Report R-00-59).
G. Baillie introduced Capt. Salazar of the Santa Clara County Fire Department. He
described how the fire would be contained using black lining and discing. He said Board
members were welcome to observe. June 2 is the tentative date for the bum.
D. Little said he was impressed with the quality of the ecosystem since the burns on
Russian Ridge and said he would strongly support the District doing more of this kind of
bum.
Capt. Salazar talked about expanding the program and said he could bring the idea to his
chief to see if they are interested. In regard to inviting representatives from urban fire
departments, he said this is one of the smaller events they do. There are others that every
agency is automatically involved in.
G. Baillie noted that the District has four new pumpers and this was an opportunity to try
them out under controlled conditions.
Capt. Salazar informed the Board that the nearest residence was 3-4 miles away. He
talked about the fees for controlled bums proposed by BAAQMD.
G. Baillie said he understood that staff would be burning Russian Ridge again, because
in order for it to be successful you need to have a number of consecutive bums.
Capt. Salazar informed the Board that the Fire District had 16 stations ranging from
Morgan Hill to Los Altos, mostly on the west side of the valley.
Motion: P. Siemens moved that the Board determine that the recommended actions
as set out in the staff report are categorically exempt from the California
Environmental Quality Act; and authorize the General Manager to execute
the attached Permit to Enter for the purpose of allowing the Santa Clara
Meeting 00-11 Page 5
County Fire Department to conduct a controlled bum on the Rancho de
Guadalupe portion of the Sierra Azul Open Space Preserve. D. Little
seconded the motion. The motion passed 6 to 0.
VII. INFORMATIONAL REPORTS
K. Nitz: 1. He informed the Board of Kit Dove's death. 2. He had a call from the Town Crier
regarding cell phones at Rancho San Antonio.
C. Britton: 1. He referred to a letter from Carol Nelson which was a follow up to a meeting in
Ontario and was in regard to a tour of District lands for Rusty Arias in June or July. 2. There
was also a letter to T. Lempert in response to a rumor that the legislature was starting to earmark
Proposition 12 money. The District is coordinating with POST. 3. He had briefing books from
the Bay Area Open Space Council regarding regional needs and how the $10.3 million was spent
this past year. 4. They completed the first round of interviews for Public Affairs Manager and
the second round is tomorrow for the four finalists. 5. Saturday, April 29, he went to the POST
fund raiser at Bear Creek and D. Woods and D. Dart led hikes. 6. He met with the County over
Rancho San Antonio Park and thought they had resolved most major hurdles.
J. Escobar said he had not completed the report on what happened at Russian Ridge.
G. Baillie said he had faxed an invitation to Patrick Congdon's Farewell Party, which will be
held on Friday, May 12.
J. Escobar talked about the refresher lecture for community outreach volunteers to cover art and
wine festivals.
D. Dolan announced that the Staff Recognition event will be held on Friday, September 15 at
Saratoga Springs, and the Volunteer Recognition event will be on July 22.
M. Davey asked permission of the Board to adjourn the meeting in honor of Artemas Ginzton,
who had passed away this morning. She said she was remembered as the "Path Lady."
IX. ADJOURNMENT
At 9:19 P.M., K. Nitz adjourned to a special meeting to discussion Closed Session Agenda Item
2. The closed session reconvened at 9:40 P.M. and concluded at 10:15 P.M. No reportable
actions were taken.
Roberta Wolfe
Recording Secretary