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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
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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
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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
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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