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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-13
REGULAR MEETING
BOARD OF DIRECTORS
May 24, 2000
MINUTES
REGULAR MEETING
I. ROLL CALL
President Kenneth Nitz called the meeting to order at 7:30 P.M.
Members Present: Kenneth Nitz, Nonette Hanko, Mary Davey, Jed Cyr, Betsy Crowder, Pete
Siemens (7:32 P.M.), and Deane Little(7:32 P.M.).
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman, Deirdre Dolan, Gordon Baillie, Duncan Simmons,
John Cahill, Stephanie Jensen
II. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highlands Circle, Los Altos, apologized for remarks made at the May 22,
2000 meeting.
III. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. B. Crowder seconded the motion.
The motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
N. Hanko asked that the May 8 minutes be amended to correct the spelling of Lauriston Road at
the bottom of page 2.
B. Crowder requested the following changes to the May 8 minutes:
Page 2, paragraph 5, line 4, add "dated 5/3/00" after the words "Programmatic Section 4(F)
document."
Page 3, paragraph 5, last sentence, change the word "the" to "some."
Page 4, paragraph 5, correct the spelling of K. Comstock's name.
Page 5, paragraph 3, sentence 5, change to read, "K. Nitz inquired about a rumor that the Federal
government got into the project because, . . ."
330eDistel Circle « Los Altos CA 94022 1 404 - Phone: 650 691 1 200
FAX: 050-691-0485 - E-mail. mrosdoopensImce.org * Web site:xA'Ww.oJ)ens[)ace.org
Board of Pirecfiors Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette I tanko, Betsy Crowder, Kenneth C. Nitz - Genvwl Manager:t_Craig Britton
Meeting 00-13 Page 2
M. Davey requested that the May 10 minutes be amended to correct the spelling of Artemas
Ginzton's name on page 5, second to the last paragraph.
Motion: B. Crowder moved that the Board adopt the Consent Calendar, including minutes
of the April 26, 2000 Regular and Special Meeting; the May 8, 2000 Special
Meeting as amended; and the May 10, 2000 Special and Regular meeting as
amended; Agenda Item 7,Award of Contract for Demolition of 14 Minor
Structures at 5 Separate Sites, and Removal of Debris at Bear Creek Redwoods
Open Space Preserve, Authorize the General Manager to Enter Into Contract with
TKO Construction of Woodside in the Amount of$41,500 for the Demolition of
14 Minor Structures at Bear Creek Redwoods Open Space Preserve, Authorize
the General Manager to Approve Incremental Change Orders for TKO
Construction in Amounts Not to Exceed a Total of$12,000 ($53,500 Total With
Base Contract); Agenda Item 8, Approval of Right of Way Contract for Caltrans
Emergency Repairs to State Highway 35 at Coal Creek Open Space Preserve-,
Authorize the General Manager to Execute a Right of Way Contract with Caltrans
for Temporary Construction Access to Remove Pavement and Soil from District
Land Adjacent to State Highway 35 (Coal Creek Open Space Preserve); Agenda
Item 9,Approval of Increase of the Insurance Limits for Umbrella Liability and
Public Officials Liability for Fiscal Year 2000-2001 and Authorize the
Expenditure of No More Than$24,000 for the Required Premium, Agenda Item
10,Authorization to Purchase Four (4) Truck Bodies; Authorize the General
Manager to Execute a Purchase Contract with Universal Truck Equipment for
Four(4) Truck Bodies at a Total Cost of$14,289; Agenda Item 11; Approval o
Director Crowder to Substitute for Director Siemens as a Member of the Board
Appointee Evaluation Committee for the Balance of the Calendar Year; and
Revised Claims 00-10. J. Cyr seconded the motion. The motion passed 7 to 0.
V. BOARD BUSINESS
A. Agenda Item No. I - Presentation on the Proposed Silicon Valley EcoCampus at the
Mountain View Shoreline/Charleston Site—(Report R-00-74).
M. Davey introduced Andy Fenselau.
Andy Fenselau, 2091 San Luis Avenue #1, Mountain View, a member of the Peninsula
Conservation Center Foundation Board and the EcoCampus Planning Committee, gave
an overview of the concept. The Mountain View City Council will meet formally in
three weeks and will consider the EcoCampus. He said essentially they were proposing
that 4.5 acres be developed as a permanent home for sustainability-related non-profit
groups in the region who would work together with the corporate parks surrounding the
site. He said they are asking for support from the Board as an organization and from
individuals who are interested in helping. He said there were political and budgetary
issues in City of Mountain View, and they are looking at other sites if this one does not
work out. He said the District was the first public agency they have come to for support.
Meeting 00-13 Page 3
N. Hanko suggested that the Board endorse the concept without endorsing the location.
B. Crowder agreed. Staff will return to the Board with a recommendation for official
support at their next meeting. P. Siemens suggested they remove reference to Silicon
Valley from the title of the project.
B. Agenda Item No. 2 - Grant of Easement to Town of Portola Valley for Slope Repairs to
Alpine Road, and Acceptance of Conservation Easement from the Town of Portola
Valley over Three Parcels Along Corte Madera Creek Adjacent to Windy Hill Open
Space Preserve-, Determine that the Recommended Actions are Exempt from the
California Environmental Quality Act(CEQA) as Set Out in the Report; Adopt the
Resolution Authorizing the President of the Board to Execute an Easement Exchange
Agreement for a Permanent Slope Easement in Favor of the Town of Portola Valley, in
Exchange for Acceptance of a Conservation Easement from the 'Town of Portola Valley
Over Three Parcels Along Corte Madera Creek Adjacent to Windy Hill Open Space
Preserve; Authorize the General Manager and General Counsel to Approve Minor
Revisions to the Easement Exchange Agreement that do not Involve Any Substantial
Change to the Agreement as Set Forth in the Report—(Report R-00-64).
T. Fischer presented the staff report.
K. Comstock, Vice Mayor of the Town of Portola Valley, said this had been a joint effort
between the Town and the District and he very much appreciated the working
relationship between the respective staff members.
T. Fischer told the Board that the agreement before them at this meeting was the same as
the one they received on May 3 except that the cover page was dated May 15.
Regarding the change of the language on seeding techniques, C. Britton explained how
the wording would be changed in the easement agreement but not the 4F. S. Schectman
said if there was a need for reseeding, both parties can agree to amend the document to
add additional seedings. C. Britton said the assumption is that the construction will be
completed this year. There is an ongoing requirement to maintain the reseeding for three
to five years, and the project biologist will be looking out for it. He reminded board
members that this item required a unanimous vote in order to pass. He noted that there is
a finding in the resolution that the granting of this easement is consistent with the open
space use of the land. This is a required finding.
S. Schectman thanked Duncan Simmons in addition to other staff members who had been
acknowledged at a previous meeting for working on this project.
Motion: B. Crowder moved that the Board determine that the recommended
actions are exempt from the California Environmental Quality Act
(CEQA) as set out in the staff report; adopt Resolution No. 00-28,
Resolution of the Board of Directors of the Midpeninsula Regional Open
Space District Approving and Authorizing Acceptance of the Agreement
for Exchange of Easements, Authorizing the President of the Board or
Other Appropriate Officer to Execute an Easement Deed to the Town of
Meeting 00-13 Page 4
Portola Valley, and to Execute a Certificate of Acceptance of Easement
Deed to District, and Authorizing General Manager to Execute Any and
All Other Documents Necessary or Appropriate to Closing the Transaction
(Windy Hill Open Space Preserve—Town of Portola Valley). P. Siemens
seconded the motion.
Roll Call Vote: The motion passed 7 to 0.
AYES: Crowder, Cyr, Davey, Hanko, Little, Siemens, Nitz
NOES: None
ABSENT: None
ABSTAIN: None
C. Agenda Item No. 3, Approval of Agreement for District Operation and Management of
Santa Clara County Rancho San Antonio Park; Determine that the Recommended
Actions are Categorically Exempt from the California Environmental Quality Act
(CEQA), as Set Out in the Report; Authorize the President to Execute the Agreement
with Santa Clara County for District Management of the County Park; Approve the
Addition of$144,000 to the Operations Program's Budget for Fiscal Year 2000-2001;
Approve the Addition of One Regular Open Space Technical Position and an Additional
750 Hours of Seasonal Open Space Technician Hours for Management Assistance for
Fiscal Year 2000-2001; Adjust the Operations Program Base Budget for Fiscal Year
2000-2001 to Reflect the Increase Costs for the Management of Rancho San Antonio
County Park (Report R-00-49).
C. Britton introduced John Brazil, aide to Supervisor Joe Simitian; and Paul Romero,
Director of Parks and Recreation and Acting Director of the Environmental Resources
Agency for Santa Clara County. He provided background information and said this dated
back to the formation of the District. He said Rancho San Antonio County Park is really
the gateway to the District's preserve, and he thought it was fitting that the District think
about managing the facility. D. Little strongly supported this idea. C. Britton said Sup.
Simitian had been outvoted regarding fees for county parks. He added that there would
be some costs associated with the District managing the park.
G. Baillie noted some changes to the agreement and said the County certificate of
insurance was attached to the agreement. He reviewed the staff report.
Paul Romero talked about the contract for Sheriff patrol and the relationship between the
preservation of the heritage California Bay-laurel tree and removal of the handball court.
J. Cyr commented regarding concerns about District management of urban park facilities,
stating that he thought the agreement had answered most of those concerns.
C. Britton said the agreement affects field staff more than any other group. The
difficulties are pointed out in the staff report. He said he thought they had been able to
address most of these issues.
Meeting 00-13 Page 5
N. Hanko said this Board has taken a strong position in the past against the county
charging fees; she felt it is the County's responsibility to provide parks through taxes and
was opposed to the County charging fees. It should be noted by the people who live
around the park that this is a protection for them against having people park in their
neighborhood. She said she would like to see the District take the leadership in providing
a brochure letting people know what has happened. She said this is an opportunity to
show that we have a partnership with the county and it has worked well over the years.
C. Britton noted that article 6 on page 6 specifically addressed signing and brochures.
P. Romero said that from the County's perspective, they appreciate the District's position
regarding the fees. He talked about the history of the fees and noted that there are
conditions for free use of the parks. He thought this was a great solution and commended
staff. He talked about the number of parking citations, and said it would depend on how
aggressive the District wanted to be. He said they had started talking to people from an
educational perspective so there was better compliance and therefore fewer parking
citations. He said the money from parking citation fines goes to the court, not the County
general fund.
C. Britton noted that in the first year they will not hire personnel for additional patrol, but
will analyze the cost. He explained how the Deer Hollow agreement had taken place.
G. Baillie stated that as far as enforcement of County ordinances, they are maintaining
the status quo.
B. Crowder had concerns about the trail from the water tank to the road and the District's
liability. C. Britton said this was originally the road to build the new water tank. The
plan was to have a switchback trail, but the decision was made to leave it as is. P.
Romero said the County can work with the District to address resource issues. C. Britton
said because the District is short handed, it will be a year before District staff starts
looking at resource issues. Signing and brochures will be done first.
B. Crowder said she saw no reason why County residents should not pay and she
believed this proposal contradicted the District's mission statement and objectives.
N. Hanko said the District has a policy to provide for cooperation with other agencies.
She said she would like to see the $1.5 million invested in a way to cover costs that might
accrue over time. C. Britton explained that the money we are receiving from the County
is from their acquisition fund so we have to use it for acquisition.
In regard to the grotto, S. Schectman said the District has taken no management, repair,
operational, enforcement, or regulatory responsibility for it, and it is owned by the
County. The contract is written to absolve the District of responsibility.
G. Baillie confirmed that there is no additional staffing for this fiscal year. C. Britton
said in the future the appropriation requested in recommendation 4 would be part of the
budget, and would be worked out with the Administration and Budget Committee.
Meeting 00-13 Page 6
G. Baillie answered questions regarding "other contract services" referred to in Exhibit 3.
He said they included parking citation processing costs and tree work. He said the
increase was calculated at 6 percent on both investment and return. P. Romero said the
County has budgeted for the repair of the entry road from Cristo Rey to the parking area.
C. Britton said the County will not keep this on their regular road repair cycle.
In regard to the dirt area, G. Baillie said staff felt it would not be improved by going in
and doing work. The new fencing is subject to a side letter which is still being worked
on.
P. Romero said there are two fences, one of which is on current property and they have
committed to put it up. The other properties are not yet owned by the county and are not
part of this agreement. He said they are working toward getting improvements done,
including trails.
Regarding the California Bay-laurel tree, P. Romero said to modify properties that are
part of the master plan requires going through the amendment process. C. Britton said
the County will start the process of preserving the tree and part of the process is looking
at the handball court. P. Romero said part of the preservation is putting a fence around
the tree. They are talking to an arborist.
In regard to termination of the agreement, S. Schectman talked about the terms.
H. Haeussler was informed that the county collected $200,000 annually for parking fees.
He asked staff if they had estimated what it would be worth to the District to pay the
County the $200,000 compared to taking over management of the park. He expressed
concern about notification of the public of the two jurisdictions and the two sets of rules
to be followed. C. Britton said there would not be two sets of rules because they will be
enforcing District ordinance and a few of the County ordinances, which is what they do
now at Rancho. The signing and brochure program will try to address the question.
Lorraine Alleman, Los Altos, said she hikes at Rancho San Antonio and is a volunteer
patrol member. She stated that there are many in Cupertino who are not rich, and many
people who hike at Rancho who are not from Cupertino.
Anna Ajemian, Cupertino, said this was a great idea. She said people go to the park on
their lunch hour for stress relief She described the different groups of people who use
the park.
Motion: J. Cyr moved that the Board determine that the recommended actions are
categorically exempt from the California Environmental Quality Act
(CEQA), as set out in the staff report; authorize the President to execute
the Agreement with Santa Clara County for District management of the
County Park; approve the addition of$144,000 to the Operations
Program's budget for Fiscal Year 2000-2001, as outlined in the staff
report; approve the addition of one regular full-time Open Space
Meeting 00-13 Page 7
Technician position and an additional 750 hours of Seasonal Open Space
Technician hours for management assistance for Fiscal Year 2000-2001;
and refer to the Administration and Budget Committee the task of
adjusting the Operations Program base budget for Fiscal Year 2000-2001
to reflect the increased costs for the management of Rancho San Antonio
County Park. D. Little seconded the motion.
Vote: The motion passed 6 to I (Director Crowder voted no).
There was a recess from 9:35 P.M. to 9:43 P.M.
D. Agenda Item No. 4 - Proposed Addition of Lee Property to the Cathedral Oaks Area of
Sierra Azul Open Space Preserve; Adopt the Resolution Electing to Retain Ownership o
the Former Lee Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open
Space Preserve—(Report R-00-72).
C. Britton outlined staff s recommendations.
Motion: B. Crowder moved that the Board adopt Resolution No. 00-29, Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Electing to Retain Ownership of Real Property, Authorizing
Officer to Execute Certificate of Acceptance of Quitclaim to District, and
Authorizing General Manager to Execute Any and All Other Documents
Necessary or Appropriate to the Closing of the Transaction(Sierra Azul
Open Space Preserve—Former Lands of Lee). M. Davey seconded the
motion. The motion passed 7 to 0.
E. Agenda Item No. 5 - Authorization to Solicit Bids to Repair Storm Damage and
Reconstruct a Portion of Virginia Mill Trail at El Corte de Madera Creek Open Space
Preserve and Tentative Adoption of an Amendment to the Trail Use Plan Element of the
Use and Management Plan to Reroute the Virginia Mill Trail; Determine that the Proiect
is Categorically Exempt from the California Environmental Quality Act (CEOA) Based
Upon the Findings Contained in the Report; Authorize Staff to Solicit Bids for Storm
Damage Repairs to Virginia Mill Trail and for Reconstruction of a 0.7-Mile Section of
Replacement Trail - (Report R-00-7 1).
J. Cahill presented the staff report and noted that this was a two-phase project. He said
the bridge is rated for 12,000 pounds and has a non-skid stick-on surface with small
perforations for drainage. He said the log jam will remain for now.
Motion: P. Siemens moved that the Board determine that the project is
categorically exempt from the California Environmental Quality Act
(CEQA)based upon the findings contained in the staff report; authorize
staff to solicit bids for storm damage repairs to Virginia Mill Trail and for
reconstruction of a 0.7-mile section of replacement trail; and tentatively
amend the Trail Use Plan element of the Comprehensive Use and
Management Plan for El Corte de Madera Creek Open Space Preserve to
Meeting 00-13 Page 8
permanently reroute Virginia Mill Trail. J. Cyr seconded the motion. The
motion passed 7 to 0.
F. Agenda Item No. 6 - Acceptance of Gift of Residual Timber Rights at the Bear Creek
Redwoods Open Space Preserve, Adopt the Resolution Accepting, a Gift of the Residual
Timber Rights at Bear Creek Redwoods Open Space Preserve from Gregory Demers—
(Rel2ort R-00-76).
C. Britton reviewed the staff report.
Motion: N. Hanko moved that the Board adopt Resolution No. 00-30, Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Accepting a Gift of Assignment of Timber Rights and Timber
Deed and Authorizing Execution of a Certificate of Acceptance with
Respect Thereto (Bear Creek Redwoods Open Space Preserve—Rights of
Demers). D. Little seconded the motion.
Discussion: S. Schectman said they are awaiting formal dismissal of the Arlie
litigation, and they are optimistic that will happen. P. Siemens suggested
putting out a press release on this matter.
Vote: The motion passed 7 to 0.
VI. INFORMATIONAL REPORTS
P. Siemens talked about hiking at Russian Ridge and said the wildflowers are still beautiful.
N. Hanko talked to Bill Feldman, appraiser for Palo Alto, about the status of the Bressler
property. She said it looked like council was about to act.
B. Crowder: 1. She said M. Davey chaired the successful auction for Committee for Green
I 00th
Foothills. 2. She attended the Sempervirens Fund birthday party at Big Basin on Saturday.
3. She referred to a fax from Roger Myers regarding his comments at the May 22 hearing.
C. Britton: 1. He reported that N. Hanko and J. Cyr participated in the interviews for public
affairs manager and introduced Stephanie Jensen who was appointed to that position. 2. The
special Board meeting planned for May 31 at 7:00 P.M. will be a workshop regarding the Draft
Service Plan for the annexation area. Material will be sent to the regular list and the coastal list.
3. He reported on J. Escobar's condition. 4. He said he would be following up on the incident at
the meeting Monday night. 5. He had tapes of Channel 4 and Channel 11 news reports about
that meeting and closure of the trails to bicyclists.
S. Schectman: 1. She attended the Continuing Legal Education Conference at the League of
California Cities, and had a booklet with tips for securing voter approval of local revenue
measures. 2. Regarding the coastal annexation, she was working with C. Britton to set up a
meeting in Sacramento with the Farm Bureau Attorney.
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Meeting 00-13 Page 9
G Baillie referred to a letter from the Santa Clara County Fire Department regarding cancellation
of the Rancho de Guadalupe burn.
C. Britton showed the news clips.
VIL ADJOURNMENT
At 10:30 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
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