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HomeMy Public PortalAbout20000913 - Minutes - Board of Directors (BOD) Regional Open ice .t MIDPENINSULA REGIONAL OP" 0i57`RTCT SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS September 13, 2000 MINUTES SPECIAL MEETING I. ROLL CALL President Kenneth C. Nitz called the meeting to order at 7:05 P.M. Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Deane Little, Pete Siemens, and Kenneth C. Nitz. Members Absent: Nonette Hanko. Staff Present: S. Schectman, J. Escobar, D. Dolan II. CLOSED SESSION K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:05 P.M. and the Closed Session commenced at 7:05 P.M. The Board concluded the Closed Session at 7:30 P.M. REGULAR MEETING III. K. Nitz noted that in Closed Session, the Board had approved a settlement offer concerning a District employee by the following vote: AYES: Crowder, Cyr, Davey, Little, Siemens, Nitz NOES: None ABSENT: Hanko ABSTAIN: None K. Nitz called the Regular Meeting to order at 7:34 P.M. Staff Present: J. Isaacs, A. Ruiz, M. Williams, S. Sommer, C. Woodbury, S. Jensen IV. ORAL COMMUNICATIONS - There were none. 110 Distel Circle - Ios Altos, CA 9402 2-1 404 Phone: 650 691-1200 FAX:650-691-0485 * E-mail: nirosd@ol)t,nsl),)(e.org ol)ensl>ace.org Web site: www.openspace.org (t rd of/)irec tw,:Pete Siemens,-Mary-C. Davey,led C Nonet r, Deane t ittle, tE flank(,,Betwy(:rowder,Kenneth -r ,y �� th C. Nitz � General Manager::1Craig Britton Meeting 00-24 Page 2 V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the motion. The motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR A. Ruiz informed the Board that Claim 2381 to Dirk Kabcinell was the refund of an unused portion of a deposit for a minor trail realignment behind the Sequoias. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including minutes of the July 12, 2000 Special Meeting; a response to a written communication from Mr. Bruce Rosenthal, Vice President, Analog Microelectronics, 3250 De La Cruz Boulevard, Santa Clara; agenda item 5, Final Adoption of an Amendment to the Use and Management Plan for Fremont Older Open Space Preserve to Realign a Section of Trail in the Hunter's Point Area; Adopt the Amendment to the Use and Management Plan for Fremont Older Open Space Preserve to Realign an Approximate 0.1-Mile Trail Segment in the Hunter's Point Area; and Revised Claims 00-24. P. Siemens seconded the motion. The motion passed 6 to 0. VIL SPECIAL ORDER OF THE DAY J. Escobar introduced Sandy Gimbel Sommer, Senior Planner; and Cathy Woodbury, Planning Manager, who had recently been hired by the District. D. Dolan informed the Board that Minh Tran had been hired as Network Specialist, but was not able to be present at the meeting. VIII. BOARD BUSINESS A. Agenda Item No. I - Approval of Additional Cash Investment Option for Surplus District Funds and Amendment to District's Investment Goals and Guidelines, Adopt the Resolution Allowing, Investment of Surplus Funds with the California Pooled Investment Authority, and Amend the District's Investment Goals and Guidelines to Permit Such an Investment—(Report R-00-1 13 J. Escobar said M. Foster was not able to be present and said the Board could table this item if they wished. S. Schectman answered questions regarding derivatives stating that the investment policy prohibits risky investments and this pool adheres to that policy. M. Foster will make the decision regarding how much of available surplus goes into the fund. fie feels the advantage of this fund is that it is more liquid. It takes two signatures to move money. Meeting 00-24 Page 3 Motion: P. Siemens moved that the Board adopt Resolution No. 00-56, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of a Joint Exercise of Powers Agreement With Respect to the Investment ol'Surplus Moneys and Amending Investment Policy. J. Cyr seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2 - Amendments to the Permit to Enter and Agreement for Wetland Restoration at Ravenswood Open Space Preserve-, Determine that the Proposed Actions are Categorically Exempt Under the California Environmental Quality Act (CEQA) Based on Findings Contained in the Report; Authorize the General Manager to Execute the Attached Permit to Enter Allowing Aventis CropScience, Inc., Formerly Known as Rhone-Poulenc, Inc., Access to Ravenswood Open Space Preserve For the Purpose of Restoring Tidal Action to the Salt Pond Area— (Report R-00-1 17). A. Ruiz presented the staff report and slides. Regarding the effect on the possibility of flooding, she said there is a second levee. This is a step-by-step project, and for this step, only the two breaches are planned. The company responsible for the project will monitor it. S. Schectman referred to a letter from an adjacent property owner expressing concerns that they did not wish there to be any further risk of flooding. In addition to the maintenance of the inboard levee, the permit requires the permittee to hold the District harmless from any claims as a result of any work they do under the permit. A. Ruiz said the property had been diked as a salt pond for about 50 years. There is some flow through a culvert. The tidal flow is very muted. She said about 25 percent of the pond is re-vegetated. J. Escobar said there has been some flow into the pond since the District got it. He said the area being remediated is south of Bay Road and the pond is north of Bay Road. There are some monitoring wells on the Ravenswood Preserve for another contamination site but it does not involve this company. A. Ruiz said the tidal flow will be restored. Currently, when there are heavy rains and the tide is high the area is flooded. Regarding CEQA findings, S. Schectman said the District is not the lead agency. It is under BCDC. Motion: J. Cyr moved that the Board determine that the proposed actions are categorically exempt under the California Environmental Quality Act (CEQA) based on findings contained in the staff report; and authorize the General Manager to execute the Permit to Enter allowing Aventis CropScience, Inc., formerly known as Rhone-Poulenc, Inc., access to Ravenswood Open Space Preserve for the purpose of restoring tidal action to the salt pond area. D. Little seconded the motion. Meeting 00-24 Page 4 Discussion: A. Ruiz said the remediation is a trade for property the company contaminated at a different site. She pointed out that site. Vote: The motion passed 6 to 0. C. Agenda Item No. 3 - Approval of Communications Site Lease and Agreement with Mountain Union Telecom, LLC, Black Mountain, Rancho San Antonio Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt From the California Environmental Quality Act (CEQA) As Set Forth in the Report; Adopt the Attached Resolution Authorizing Approval of the Communications Site Lease and Agreement with Mountain Union Telecom, LLC, at Black Mountain, Rancho San Antonio Open Space Preserve—(Report R-00-118)4 M. Williams presented the staff report. He said the new guy wires will be anchored in concrete and will not interfere with the road. The current anchors would be removed. Removal of the old tower from the site is required. M. Williams said staff approved of the plan. He said the District had not had to get involved in the planning process with Palo Alto in the past. However, he would request that the District be notified of the hearings. Regarding EMF emissions, M. Williams said the antennae point toward the Bay and are down the ridge. J. Escobar said the tower location is not within the line of site of the Black Mountain Camp. S. Schectman noted that the FCC has pre-empted local regulation of EMF emissions. As long as a provider meets the FCC standards, local agencies cannot impose more stringent rules. Motion: P. Siemens moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set forth in the staff report; and adopt Resolution No. 00-57, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Communications Site Lease and Agreement With Mountain Union Telecom, LLC (Rancho San Antonio Open Space Preserve, Black Mountain). J. Cyr seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 4 - Authorization to Hire Protect All Life Foundation to Remove Eucalyptus Trees as a Part of the Habitat Restoration at Pulgas Ridge Open Space Preserve; Determine that the Proposed Project is Categorically Exempt From the California Environmental Quality Act (CEQA) Based on the Findings Contained in the Report; Authorize the General Manager to Execute A Contract with Protect All Life Foundation to Remove Thirty (30) Eucalyptus Trees With a Budget Not to Exceed $25,000 in Fiscal Year 2000-2001 — (Report R-00-114). J. Isaacs provided background information and told how the cutting would take place. She showed slides of the progress of the program. She said the trucks taking out the trees must meet the weight standard set by Hetch Hetchy. Hiring a contractor is a more efficient method than using California Conservation Corps. (CCC) members. She said ----------- - - - - - - Meeting 00-24 Page 5 they will take any tree greater than 12 inches in diameter. The CCC and District staff will chip the smaller pieces and disperse the chips throughout the preserve. Sally Boyd, 3352 La Mesa Drive, San Carlos, speaking for Brittan Heights Homeowners, said Brittan Heights overlooks the ridge. Residents are sad and angry at the prospect of losing the Eucalyptus trees. She informed J. Isaacs that most of the young Oak trees have died. She said that with the disease that is affecting Oaks, they have the prospect of having a bare ridge. People have expressed concern with the visual impact. Geri Kennedy, 263 Alameda de Las Pulgas, Redwood City, said she walked four mornings a week and had a concern regarding loss of shade. In addition, the trees create a visual and sound barrier. She said when they are walking, they see owls and hawks in the trees, some of which appear to be 80-100 feet high. Oaks don't get that high. She confin-ned that the replacement trees survival rate is very low. She said these trees must be very old, and it seems a shame to remove them when they don't seem to be a problem. She thought the $25,000 could be better spent removing broom, star thistle and Acacia. Carolyn Chaney, 313 Lakeview Way, Redwood City, passed out a map showing the location of the trees. She is a District volunteer and walks with Ms. Kennedy. She spoke against the removal of the Eucalyptus. The two main arguments for removal are that they are invasive and make it hard for natives to survive. She referred to the map and said the trees were planted in a line and have stayed in a line. They do need to clean up the scrub. She said the Eucalyptus are not affecting the growth of natives including Oaks. She pointed out eight huge trees on the ridge and cited their advantages including providing habitat for owls, protecting the ozone layer, and providing shade for hikers. She said they had counted 45 large Eucalyptus so removal of 30 large trees would be more than half. She asked that the Board reconsider their plan. She said she would like the money spent on removing truly invasives. Regarding the survival rate of the Oak trees, J. Isaacs said the trees were donated at a time when they would not have been planting in the area because they survive much better in shade. She said there will not be any Eucalyptus left on the area north of the water tower. Regarding Eucalyptus' effect on surrounding vegetation, she said there is a chemical released from the leaves and bark that inhibits the growth and reproduction of other plants. Discussion followed regarding the possibility of stretching the removal program out. J. Isaacs said depending on how the site responds, they might not remove any trees next year. The removal of thirty trees is necessary to make the project economically feasible for Protect All Life Foundation (PALF). J. Isaacs said she anticipates a significant amount of natural vegetation to occur once the eucalyptus trees are removed. She said the Eucalyptus have invaded down the slope and there are many sprouts. However, this is a comprehensive habitat restoration plan and is not just about removing Eucalyptus. She said that so far all they have done this year is remove Acacias and broom. The idea of removing 30 trees now is to see how the site responds. It is a phased plan. She said that out of the 30 trees to be removed, half are over 12" in diameter. She said 20 years is ----- - - - - - ------ - Meeting 00-24 Page 6 optimistic and agreed that 30-40 years may be more realistic. She said the trees will be marked prior to cutting. Carolyn Chaney asked them not to remove the four trees above the water tank stating that they are needed for shade. She also asked that they leave the eight trees along the road and suggested others that would have less impact. Sally Boyd added that one of the primary purposes of the project was to allow the trees to disguise the residential area and act as a visual buffer between park and residential. .1. Isaacs said leaving the four trees would not be fulfilling the original plan, which is to return the site to a natural state. She said they could choose to keep them or take only one or two. She said the ecological impact of leaving those trees would not be significant. She said they could choose that of the 30 selected trees none of the large ones right against the road would be removed. She said instead of following the restoration plan in terms of completing each area before they move onto the next, they could select the 30 trees from the areas not directly along the trail and remove every other tree in the lines. She showed on the map provided by Ms. Chaney which ones could be removed. J. Isaacs said the suggested alternative means they would alter the adopted strategy but would be achieving the same goal. They would still remove 30 trees, but ones further down in Area I and into Area 2. She said they would be working with the contractor to make sure they clearly understand which trees should be removed. Staff will mark the trees so the neighbors can check them. Motion: M. Davey moved that the Board determine that the proposed actions are categorically exempt under the California Environmental Quality Act (CEQA) based on findings contained in the staff report; and authorize the General Manager to execute a contract with Protect All Life Foundation to remove thirty (30) Eucalyptus trees with a budget not to exceed $25,000 in fiscal year 2000-2001; directed staff to select 30 tress for removal that do not include the eight large trees directly along the trail or near the water tank. Staff is further directed to not remove more than every other tree in the lines as shown on the map provided at the meeting. P. Siemens seconded the motion. Discussion: K. Nitz said he would recommend cutting all the Eucalyptus trees now as they are invasive. Vote: The motion passed 6 to 0. E. Agenda Item No. 6 - Permit to Enter Former Southern Pacific Railroad Right-of-Way for Soil 'resting at Ravenswood Open Space Preserve; Determine that the Proposed Actions are Categorically Exempt Under the California Environmental Quality Act (CEQA) Based on the Findings Contained in the Report; Authorize the General Manager to ---------- --- -- - Meeting 00-24 Page 7 Execute the Permit to Enter Allowing Union Pacific Railroad Company Access to the Property for the Purpose of Testing the Soil for Toxic Contamination — (Report R-00- 10 A. Ruiz outlined staff s recommendations. Motion: P. Siemens moved that the Board determine that the proposed actions are categorically exempt under the California Environmental Quality Act (CEQA) based on findings contained in the staff report; and authorize the General Manager to execute a Permit to Enter allowing Union Pacific Railroad Company access to the property for the purpose of testing the soil for toxic contamination. M. Davey seconded the motion. The motion passed 6 to 0. IX. INFORMATIONAL REPORTS M. Davey updated the Stanford situation, noting that the Planning Commission met last Thursday. She had delivered a letter from the District stating their position and read a portion of it into the record. On October 19 there will be a final staff report, then the Planning Commission recommendation, and the Board of Supervisors make the final decision on October 30 and 31. P. Siemens: 1. He made a District presentation for a Kiwanis group in Los Gatos. 2. He was approached by representatives of a group who want to buy property in Santa Clara County for a preserve for surplus zoo animals. He thought they might be able to do a joint prQ)ect with the Santa Clara County Open Space Authority. 1). Little: 1. He described an experience with a motorcycle while lie was hiking on Rhus Ridge and Black Mountain trails. He said the caretaker responded quickly. 2. He said he is running unopposed since no one else took out papers for his seat on the Board. J. Cyr: 1. He said he has two opponents for his seat. 2. He will give P. Siemens an article about a wild animal preserve operated by Tippi Hedren in southern California. 3. He had visited the sites of the Alpine Road and Kabcenell bridge project, and the drilling and pulling of utilities at the other home site in early August. He described the progress on the projects and said he had talked to the project engineer from Portola Valley. He said it was very interesting and he was pleased with the project. K. Nitz: 1. He said it was interesting to hear from the golfers at the Stanford land meeting 2. Two other people took out nomination papers, but he is running unopposed as one did not return them and the other did not have enough signatures to qualify. 3. He went to Windy Hill to view what is going on there. 4. He visited Bear Creek and said it was amazing to see logs being cut. J. Escobar: 1. He said R. Anderson worked on the letter from K. Nitz on the Stanford Community Plan. He is now working as a consultant for the District and will be working Meeting 00-24 Page 8 on outside project review. He will also work with C. Woodbury on the coastal annexation. 2. Staff has been reviewing the draft service plan for the coastal annexation. They will be sending out advance notice of meetings next week, mail the draft to the Board and the public the first week of October, and plan three meeting in mid October. 3. The air quality district has extended the window for the burn at Russian Ridge. They intend to go ahead with it even though it is too late to have the benefit of star thistle seed control. It could happen next week. 4. He said the management of Rancho San Antonio County Park is going well. The District received the $1.5 million check from them. They are working on signing and mapping issues. 5. The staff appreciation event has been expanded to be a day-long event and to include tours of the site improvements and the logging operations at Bear Creek Redwoods. The presentation of service awards will be part of the program. 6. He gave an update on the pig control program, noting that 14 pigs had been taken so far. Two docents have resigned because of the District's decision to trap and kill wild pigs. 7. The Deer Hollow Farm recognition event for volunteers and staff is Sunday afternoon, October 1. Glen Lyles of the City of Mountain View Parks Department is retiring and will be honored at that event. 8. He gave a hiring update stating they have hired an Operations Manager (John Maciel), and Brian Malone and Brendan Downing have been promoted to Supervising Ranger positions. There are currently three ranger vacancies. Lead Open Space and Open Space Technician filing period closes September 22. D. Dolan said Janet Beaugh had accepted the Human Resources Management Analyst position. S. Schectman: 1. Escrow is scheduled to close Friday on the Russian Convent property. 2. The Board President had requested updates on pending legal matters. She will provide that from time to time in the form of litigation docket updates. S. Jensen said J. Isaacs had provided the District with some positive media substance. Reporters are working on grassland management stories. M. Williams reported the close of escrow on the Silva property on August 27. He said the caretaker Paul Ortega, who had the life estate, died earlier this week. Friends are taking care of the estate matter. Field staff has been helpful as well. X. ADJOURNMENT At 9:45 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary