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HomeMy Public PortalAbout20000927 - Minutes - Board of Directors (BOD) Regional OpejWpace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-25 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS September 27, 2000 MINUTES SPECIAL MEETING I. ROLL CALL President Ken Nitz called the meeting to order at 6:10 P.M. Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Peter Siemens, and Ken Nitz. Mary Davey arrived at 6:12 P.M. Members Absent: Nonette Hanko, Deane Little. Staff Present: Craig Britton, Del Woods, Susan Schectman, Duncan Simmons, Mike Williams, John Escobar, Cathy Woodbury, Stephanie Jensen, Tom Fischer. 11. CLOSED SESSION K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1, 2, and 3. The Board recessed to Closed Session at 6:10 P.M. and the Closed Session commenced at 6:10 P.M. The Board concluded the Closed Session at 7:26 P.M. REGULAR MEETING 111. K. Nitz called the Regular Meeting to order at 7:35 P.M. and noted that no reportable actions had taken place in Closed Session. Director Little was present for the Regular Meeting. Additional Staff Present: Deirdre Dolan, Lisa Zadek, and Ana Ruiz. IV. ORAL COMMUNICATIONS - There were none. 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. 330 Distel Circle 9 Los Altos,CA 94022-1404 a Phone:650-691-1200 FAX: 650-691-0485 e E-mail: mrosd@openspace.org * Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -General Manager:L.Craig Britton Meeting 00-25 Page 2 VI. ADOP'TION OF CONSENT CALENDAR B. Crowder asked that the following corrections be made to the August 9 minutes: • Page 11, first line, change the work "like" to "as." • Page 11, item 3, second sentence, change to read, "She summoned help from the rangers to assist a cyclist who had been stung by a bee." K. Nitz removed agenda item 7, Authorization to Ratify and Approve Printing Service Costs with Harbor Printing at an Amount Not to Exceed $19,000. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including minutes of the July 26, 2000 Special and Regular Meeting and the August 9, 2000 Special and Regular Meeting as corrected; a response to a written communication from Mr. W. Patrick Gallagher, 864 Elmira Drive, Sunnyvale; agenda item 5, Authorization to Change District's Designation of Authorized Signatories for the District's General and Payroll Accounts, Adopt the Resolution of the Board of Directors of the Midneninsula Regi onal Open Space District Establishing Signatories for General Checking Account (Mid-Peninsula Bank); Adopt the Resolution of the Board of Directors of the Midneninsula Regional Open Space District Establishing Signatories for Payroll Checking Account (Mid- Peninsula Bank): Adopt the Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts; agenda item 6, Authorization to, Solicit Bids for One Tractor Mower; Authorize Staff to Advertise for Bids to Purchase One Tractor Mower Equipped With a Boom-Mounted Brushing Mower-, and Revised Claims 00-16. J. Cyr seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. I - Approval of an Agreement for Purchase of a Fee Estate Subject to a Power of Termination for Sale of the Former Bean Property - Long Ridge Open Space Preserve; Determine that the Recommended Action is Categorically Exempt From the California Environmental Quality Act (CEQA) as Set Out in the Staff Report; Declare a 13.9 Acre Portiorf of San Mateo County Assessor's Parcel Number 080-410-220 as Surplus to District's Needs; Amend the Use and Management Plan as Set Out in the Staff Report; Adopt the Resolution Accepting and Authorizing Execution of the Agreement for Purchase of a Fee Estate Subject to a Power of Termination with Sharon L. Niswander and Thomas L. Anderson. Husband and Wife, for Sale of the Former Bean Property - Long Ridge Open Space Preserve—(Report R-00-120). T. Fischer described the property. M. Williams explained fee ownership and outlined the terms and conditions, noting that in the CC&Rs it is a requirement that they have permits for repairs, remodeling, and major renovation. Meeting 00-25 Page 3 C. Britton provided background information stating that the District used to remove buildings from property they acquired. The Bean house was one of the first the District bought, where there was a new house. They have been looking for someone to purchase the house for a term of year so the District could recapture some of its investment. B. Crowder complimented staff on the creative arrangement. M. Williams enumerated the reasons the District was selling. as follows: 1. The District can continue to manage the open space. 2. It is a high maintenance property. 3. It allows the District to recoup money to be used on other acquisitions. Discussion followed regarding how the value was determined. M. Williams said staff looked at present value of rental income at a 6 percent interest rate over 40 years. That came to about $470,000 which did not discount for repairs that need to be done now which amount to $40-50,000. That was also the value arrived at by the appraiser hired by the District. The appraiser looked at 40 acre parcels in Portola Heights area with significant improvements, some more substantial than the Bean house, where they would own fee title. C. Britton said staff time involved in maintaining the property was included in the overhead figure. M. Williams showed slides of the property. Motion: B. Crowder moved that the Board determine that the recommended action is categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; declare a 13.9- acre portion of San Mateo County Assessor's Parcel Number 080- 410-220 as surplus to District's needs; amend the Use and Management Plan as set out in the staff report; and adopt Resolution No. 00-59, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Declaring Property Surplus to District's Needs, Approving and Authorizing Acceptance of the Agreement for Purchase of a Fee Estate Subject to Power of Termination, Authorizing the President of the Board or Other Appropriate Officer to Execute Grant Deed for the Real Property Being Sold, and Authorizing the General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Sale of Former Bean Property — Long Rid ge Pr eserve).. J. Cyr r seconde d the motion.. Discussion: J. Cyr said he thought this was a very creative resolution to a g complicated issue from the District's point of view. M. Williams mentioned that T. Fischer and D. Simmons provided a lot of help on the project. Meeting 00-25 Page 4 Vote: The motion passed 6 to 0. B. Agenda Item No. 2 — Application to Habitat Conservation Fund Program for the Soquel Creek Headwaters Acquisition Project; Adopt the Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application to the Habitat Conservation Fund Program for the Soquel Creek Headwaters Acquisition Proi ect—(Report R-00-123). D. Woods outlined staffs report and said he did not think there were pig problems there. Motion: P. Siemens moved that the Board adopt Resolution No. 00-60, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds for the Local Agency Grant Program — Fiscal Year 2000-2001 Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Following Project: Soquel Creek Headwaters Acquisition (Loma Prieta Ranch). D. Little seconded the motion. The motion passed 6 to 0. C. Britton noted that the total grants received for this program amounted to over $2.6 million. C. Agenda Item No. 3 - Proposed Amendment to the Agreement to Exchange Interests in Real Property With Aventis CropSciences, Inc. (Successor to Rhone- Poulanc, Inc.) Extending the Date for Conveyance of a Trail Easement in Order to Complete the Exchange Agreement (Ravenswood Open Space Preserve) Determine that the Recommended Action is Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in the Staff Report; Adopt the Resolution Authorizing Amendment to the Agreement to Exchange Interests in Real Properly With Aventis CropSciences, Inc. (Successor to Rhone- Poulanc, Inc.)—(Report R-00-1 15). T. Fischer presented the staff report. C. Britton said the District holds a $10,000 deposit which Aventis would forfeit if they did not renew. B. Crowder said she understood the trail along the levee could not be an official part of the Bay Trail because the levee had to be strengthened and raised by the Army Corp. of Engineers. C. Britton said we had a joint grant with San Mateo County where they were going to buy the necessary trail easements. The addition of these two easements leaves only one parcel that is needed to complete the link. He said the real problem is the toxic cleanup. T. Fischer said they are still Meeting 00-25 Page 5 working on the cleanup of the whole area. He said the toxins have been brought to an acceptable level from an environmental standpoint by remediation. Motion: P. Siemens moved that the Board determine that the recommended action is categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; and adopt Resolution No. 00-61, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the First Amendment to the Agreement to Exchange Interests in Real Property with Aventis CropSciences Inc., Authorizing Officer to Execute Certificate of Acceptance of Easement to District, and Authorizing General Manger to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Ravenswood Open Space Preserve — Lands of Aventis CropSciences, Inc.). J. Cyr seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 4 - Sausal Trail Use Designation at Windy Hill Omen Space Preserve; Refer the Matter of Sausal Trail Use Designation to Staff for Return to the Board After Completion of Construction of Kabcenell Bridge and Town of Portola Valley Work on Alpine Road—(Report R-00-121) A. Ruiz presented staff s recommendation, noting that the delay would provide staff with the opportunity to conduct a comprehensive evaluation of the trail and analyze where it fits into the surrounding landscape. She said this approach would ensure that the use or uses recommended for the trail will be compatible, that the uses will not impact the breeding and nesting pattern of the pond, and that the uses do not disrupt, but rather enhance the final trail system that will be established after all construction work is completed in the lower area. B. Crowder said she could not remember whether the Board had decided the trail would eventually be reviewed for equestrian use when it was originally designed. She thought everybody was concerned that mountain bicyclists might use this trail, and she did not think that was an appropriate ro riate use of the trail. She said that personally she could see no reason it should not have horses on it because it is fairly wide, horses do not go fast, it's a well-built trail with an easy grade, it's very beautiful and shady, and is preferable to the existing road. She said that the coming winter might be a reason to delay opening it. P. Siemens asked if the trail was open to dogs on leash. A. Ruiz said it is a temporary designation of hiking only while the trail has stabilized. J. Escobar said this trail is on the draft list of seasonal closures that will come before the Board. Meeting 00-25 Page 6 J. Escobar said this trail is on the draft list of seasonal closures that will come before the Board. Mary Hufty, 757 Mapache Drive, Portola Valley, said this has been an issue since she became chair of the Portola Valley Trails Committee. They were sure this was going to be horse trail. She said there were some very good safety reasons why it should be opened right now to horses because of the construction. She said they thought they were working with the District to help set up the deal with the Sequoias, and they hoped they could get back to working together. C. Britton talked about the history of the trail, stating that they closed it to all but foot traffic while the tread stabilized. He said it stayed in a temporary status and it probably should have come back to the board prior to that time. When it came back in January staff proposed it for hiking and companion dogs only, and that's when the equestrians came forward. Staff said they would like to study this entire area; in the meantime the District was working with the town and the Kabcenells. Jeanette Hansen said that it was fully understood by the Portola Valley Trails Committee that it would be a horse trail. P. Siemens was informed that the trail had been complete for 18 months. Sarah Fries, 135 Farm Road, Woodside, said she felt that they were given verbal assurances that it would be an equestrian trail. Paper signs were put up indicating a temporary designation, then they found wooden stiles, which were put out prior to the hearing on the designation of the trail, that said it was for hikers only. She said some of the issues expressed about environmental concerns seemed disingenuous. She felt there were a good many on staff who were not familiar with horses. She described meeting a large construction truck while riding on the trail earlier in the month, and said to her this was not an alternate trail. She said the hoped they would open Sausal Trail to horses soon, because by the time they do the final plan it will probably be closed for the winter. C. Woodbury said she anticipated that this would return to the Board in late winter. B. Crowder said this was not just a question of the Sausal Trail, but also the area where the trail is to be realigned. She said that area is closed right now, but when it is opened she thought it was essential that there be an alternative trail so hikers and horses would not have to walk on the wide driveway. C. Britton said this pointed to the fact that there were a lot of issues. He stated for the record that there was no predisposition on the part of staff in favor or against equestrian use. M. Davey said the trail is seasoned, and asked why they couldn't use it now. Meeting 00-25 Page 7 J. Cyr said that while he appreciated their frustration, he would prefer to see the planning as a whole rather than piecemeal. He said he could understand the safety consideration. D. Little expressed concerns about the water draining from the trails into the pond causing pollution. He informed those present that it is the Board's decision as to the use of trails, not staff's. He was sure that staff understood that well, and were professionals to the extent that they would not have proposed any particular usage to a group regarding future access. He personally didn't have a problem, but he would like staff to have a chance to look at it comprehensively. P. Siemens said he was also concerned about runoff. B. Crowder said both the road and trail are above the pond, and Sausal Trail is farther from the pond than the road. M. Davey said she thought it was a good idea to look at the plan as a whole, but there was no compelling reason not to allow horses on the trail. She believed that the Board prefers multi-use trails, and if there were any exclusion it would be bicycles. Motion: M. Davey moved that the Board direct staff to study the area as a whole and in the meantime allow equestrian use until it is necessary to close the trail for seasonal reasons. B. Crowder seconded the motion. Discussion: S. Schectman said since they did not have a staff report for action before them tonight, she recommended that if it is the majority pleasure of the Board to open the trail to a particular use then the motion would be to direct staff to return at the next meeting for just that use. If the majority of the Board did not wish to address the trail segment, the other alternative would be to direct staff to return with the area plan at a future date. J. Escobar said the seasonal closings will be brought to the Board at the second meeting in October. Motion: M. Davey moved to direct staff to return at the next meeting with a proposed action to open that trail segment to equestrian use temporarily and also direct staff to return to the Board at a future time with a comprehensive trail plan for the area. Discussion: J. Cyr was informed that a reasonable time for a comprehensive plan would be mid-winter. Staff has been investigating the area. Board members indicated they did not wish the trail to be open to bicycles. Meeting 00-25 Page 8 Second: B. Crowder seconded the motion. D. Little said he had a problem with changing Board policies and putting the planning process second to what is a political consideration. He said they need to treat all constituent groups the same. P. Siemens said he could support the opening on a safety basis. Vote: The motion passed 4 to 2 with Directors Little and Nitz voting no. E. Agenda Item No. 7, Authorization to Ratify and Approve Printing Service Costs with Harbor Printing at an Amount Not to Exceed $19 000—(Report R-00-124). K. Nitz said he noticed that there are symbols on the bottom of the pages in the packet that say they are printed with soy ink and are forest free. S. Jensen said those symbols would be removed before reproduction. In addition, K. Nitz said part of the logo on the envelopes interferes with the Postal Service bar code. Motion: K. Nitz moved that the Board approve the printing expenditure with Harbor Printing for up to $19,000. M. Davey seconded the motion. Discussion: D. Little said he thought we could come up with a more modern and attractive design for the District logo. C. Britton said after the coastal annexation is completed staff will look at the District's graphic image and name. Vote: The motion passed 6 to 0. VIII. INI*OR14ATIONAL REPORTS B. Crowder: 1. She said when the District u p rchased the Silva property theYg ranted a P life estate to Paul Ortega who died three weeks later. Ruth Waldhauer and Janet Schwind, who are working on a history project on South Skyline, had called her. They had interviewed Mr. Ortega for the project. She said the history project is quite comprehensive. 2. She asked about Bay Area Action moving to the Peninsula Conservation Center. 3. She had a call from Roger Alleman from the East Bay in response to the bicycle closure action in July. He had supported the Board's action and called to thank them. He did not come to meetings because of threats. 4. She had an invitation from Sustainable San Mateo County for a benefit for Greenbelt Alliance. M. Davey: 1. She informed B. Crowder that Bay Area Action and the Peninsula Conservation Center Foundation had officially merged. They had their first Board meeting last week. The co-directors are Peter Drekmeier, Holly Kaslewicz and David Meeting 00-25 Page 9 Smemof .. The merged organization will eventually be housed at the building the Trust owns. The hope is that eventually there will an ecocampus on Mountain View public land. The city is looking at a request for proposal for both the ecocenter and the hotel, hoping they can make both the building and the hotel completely green. If that is the case, the conservation center will move from East Bayshore to the new facility east of Highway 101 in Mountain View right next to Shoreline. 2. Regarding the Stanford land, the staff report from the County was released earlier this month and it is time for public input. October 18 will be the Planning Commission meeting, and on October 24 Supervisor Simitian will give his views on land use. 3. She asked J. Escobar about the tremendous increase in parking violations shown in the incident report. J. Escobar said that could be from Rancho County Park and could easily double. K. Nitz said next week he will meet with C. Woodbury and J. Escobar, and he recommended that all Board members take the opportunity to meet with the new Planning Manager and S. Jensen to get to know them and find out what their plans are for the future. C. Britton said he and J. Escobar had already scheduled such meetings with individual Board members. M. Davey said S. Jensen has been working with the group at History House planning the Open Space Celebration this fall. The opening has been postponed until March. Kate Disney said S. Jensen has been very helpful in showing her artifacts and history of the agency. C. Britton: 1. He had an invitation to the Deer Hollow Farm celebration October 1, 3:00- 5:00 P.M and wanted to advise the Board. 2. He had notice of the annual legislative breakfast in San Mateo on October 14 and asked about Board intent. Byron Sher, Jackie Speier, Lou Papan, and Ted Lempert will be speaking. 3. East Bay Regional Park District will present a study of the economics of open space and park lands on November 2. He wanted to know if any Board members might be interested in attending. 4. In the FYI's there was a letter stating that the District had received a land and water grant for Saratoga Gap Trail. That project will appear in next year's work program. 5. He and other members of the management team thought the staff recognition event was the best one ever. S. Schectman: 1. She said the president had signed a federal law called the Religious Land Use and Institutionalized Persons Act. She said it remains to be seen how it will be interpreted. It says that no government can impose a land use regulation on a religious use that imposes a substantial burden on the use unless there is a compelling interest. She was sure there would be a challenge. 2. She talked about the Ninth Circuit decision which upheld the ability of the park service to prohibit jet skis on segments of the Snake River. It contains language about the authority of government agencies to regulate types of uses. 3. The Pacifica Trust for Public Lands was the successful bidder for Mori Point, a 100-acre parcel on the coast north of the San Pedro Headlands. It will become part of the GGNRA. 4. The San Mateo County Board of Supervisors approved the building of a frog pond to be built next to the proposed Devil's Slide Tunnel. It is within 100 yards from her home. i Meeting 00-25 Page 10 C. Woodbury presented a coastal annexation update and schedule. The first of three workshops will be held on October 16 and the draft document will be out next week. S. Jensen said Friday, October 13, which is a full moon, is the tentative date for the Russian Ridge burn. G. Baillie will keep them up to date. IX. ADJOURNMENT At 9:30 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary I I