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HomeMy Public PortalAbout20001213 - Minutes - Board of Directors (BOD) Regional Open ice LL i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 00-34 I REGULAR MEETING BOARD OF DIRECTORS I December 13, 2000 MINUTES I II REGULAR MEETING I j I. ROLL CALL I President K. Nitz called the meeting to order at 7:30 P.M. I Members Present: Jed Cyr, Mary Davey,Nonette Hanko, Larry Hassett, Deane Little, Ken I Nitz, and Pete Siemens (arrived 7:32 P.M.). Members Absent: None. i Additional Staff Present: Craig Britton, Sue Schectman, Michael Williams, Deirdre Dolan, John Escobar, Cathy Woodbury, Stephanie Jensen, John Maciel, Sandy Sommer, Del Woods, Tom Fischer, Matt Freeman, Phil Hearin, Mark Casaretto, Duncan Simmons, Kerry Carlson, and Gordon Baillie II. ORAL COMMUNICATIONS III. ADOPTION OF AGENDA Motion: M. Dave moved that the Board adopt the agenda. L. Hassett seconded the Y p g motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR Motion: J. Cyr moved that the Board adopt the Consent Calendar, including approval of the minutes of the October 16, 2000 Special Meeting; a draft response to a written communication from Mr. Edgar Dethlefsen, P. O. Box 7337, Menlo Park; agenda item 5, Amendments to the District's Conflict of Interest Code; Adopt the Attached Resolution Amending the District's Conflict of Interest Code; agenda item 6, Cancellation Of December 27th Regular Board Meeting;And Scheduling Of Special Meeting Of The Board Of Directors For December 20, 2000; agenda item 7, Authorization for Administrative Staff and Area Superintendents to Observe the 2000 Christmas Eve and Christmas Day Paid Holidays on Monday, ` December 25 and Tuesday, December 26, and to Close the Administrative Office 330 Distel Circle . Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax: 650-691-0485 . E-mail: mrosd@openspace.org • Web site:www,opetispace.org Board of Drrecfors:Pete Siemens,Mar C.Dave led Cyr,Deane Little, Nonette Hanko, Larry Hassett,Kenneth C. Nitz f General Manager:L.Craig Y Y. Y Y g Britton r Meeting 00-34 Page 2 During the Week of December 25 Through December 29, 2000; and Revised Claims 00-20. D. Little seconded the motion. The motion passed 7 to 0. V. BOARD BUSINESS A. Agenda-item I —Legislative Briefing by Ralph Heim—(Report R-00-150). Ralph Heim, the District's legislative advocate in Sacramento, gave a briefing of past and upcoming legislative activity concerning the District. This item did not require Board approval as it was an informational report. B. Agenda Item 2 - Proposed Addition of Connor Property to Russian Ridge Open Space Preserve; Determine the Recommended Actions are Categorically Exempt from the Environmental Quality Act(CEQA); Adopt the Resolution Authorizing Purchase of the Connor Property; Tentatively Adopt the Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to Russian Ridge Open Space Preserve; Indicate Intention to the Property from Dedication as Public Open Space At This Time—(Report R-00-142). T. Fischer gave a PowerPoint presentation showing a location map and pictures of the Connor property. He stated that this property contained the headwaters of Woodruff Creek, that the property would remain closed to the public and that the purchase of this property was categorically exempt from the Environmental Quality Act (CEQA). M. Williams spoke of the terms and conditions of this property acquisition. He stated that the cost of this 98-acre property was $1,300,000; that there are six residential density units which equate to $217,000 per density unit. A Memorandum of Agreement will be recorded stating that the District is acquiring six of the fifteen units on the overall property, and that the property was being acquired on an "as-is" basis. N. Hanko, asked about the trail network. C. Britton stated that the acquisition of the Connor property may help discussions with the Audubon Society regarding trail extensions. N. Hanko said that this property had value as a way to start discussions with the Audubon Society. L. Hassett asked why were only acquiring 98 acres. M. Williams answered that the initial proposal for acquisition was for all of the acres, but that the seller countered with the current acreage. L. Hassett asked T. Fisher if there was an existing trail to Woodruff Creek and if signs would be posted to tell users that the trail was closed. T. Fisher replied that this property would be closed to the public and that signs would be posted at trail entrances. D. Little asked if the District had approached the seller, and M. Williams stated that we had. S. Schectman added that the property was bought on an "as-is" basis which does not pose a problem to the District. D. Little also asked about possible hazardous waste. M. Meeting 00-34 Page 3 Williams responded that there are only PG&E towers, a fence, but no other improvements. P. Siemens wanted to know if we were to allow hiking if there would be a connection to Russian Ridge Open Space Preserve. M. Williams said there was a possible loop trail. K. Nitz asked about current fencing of the property next to the adjoining Audubon holding. M. Williams stated that there was a fence which was maintained by the caretaker of the Audubon property (Lou Bordi's family). K. Nitz wanted to know if the District would put up our own fence line. M. Williams said that the Woodruff Creek and Rapley Ranch Road were natural boundaries. N. Hanko said that this property is a very important acquisition for the District. Motion: P. Siemens moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the report; adopt Resolution No.00-69, Resolution of the Board of Directors of Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District and Memorandum of Agreement, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Russian Ridge Open Space Preserve—Lands of Connor); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Russian Ridge Open Space Preserve; and indicate their intention to withhold the property from dedication as public open space. D. Little seconded the motion. The motion passed 7 to 0. C. Agenda Item 3 - Proposed Third Amendment to Agreement and General Release with the Signatory Landowners of the Montgomery Highlands Association; Proposed Quitclaim of the Old Water System to San Jose Water Company and Grant of Fee Title and Easements to San Jose Water Company for the New Water System; Determination that No Further Environmental Documentation is Required Under the California Environmental Quality Act; Authorize the General Manager to Approve a Permit to Enter Agreement with San Jose Water Company to Construct and Maintain the New Water System, all Associated with the Acquisition of the Krone/Bishop Trust Property for Addition to the El Sereno Open Space Preserve; Determine that no Further Environmental Documentation is Required Under the California Environmental Quality Act Based on the Findings as Set Out in the Report; Adopt the Resolution Authorizing Execution of the Third Amendment to Agreement and General Release with the Montgomery Highland Association Signatory Landowners and Authorizing the Payment of an Additional $500,000 into Escrow for Payment to San Jose Water Company, Adopt the Resolution Authorizing Execution of a Quitclaim of Public Utility Interests and Grant of Easement, and a Grant and Easement Deed to Convey to San Jose Water Company Meeting 00-34 Page 4 Land and Easements Necessary for the Development of the New System, Reaffirm the Authorization for the General Manner to Execute all Necessary Documents for the Closing of the Transaction, Including the Letter Agreement, the Main Extension Agreement and the Agreement for Relocation of Water Facilities Between the District, San Jose Water Company and the Montgomery Highlands Sianato1y Landowners-, Indicate Intention to Dedicate the Remaining Portions of the Property Acquired from the Krone/Bishop Trust as Public Open Space; Authorize the General Manager, Subject to Approval of the General Counsel, to Issue a Permit to Enter Agreement to San Jose Water Company or its Successor to Enter the District's Krone/Bishop Property to Construct and Maintain the New Water System and Easement Access Road as Described in the Mitigated Negative Declaration and the Staff Report, and to Approve Technical Project Revisions Which are Minor in Nature—(Report R-00-149). S. Schectman gave background information stating that the District negotiated an agreement to pay $800,000 to the Montgomery Highlands homeowners during the acquisition negotiations regarding the Krone-Bishop acquisition at El Sereno Open Space Preserve. The agreement included a release of the District from any water obligations to the homeowners. A dispute arose due to rising costs ($500,000) to implement the water capacity by San Jose Water Company. The agreement also puts a cap on the District's contribution and that any further expenses are to be borne by the homeowners, and that any refunds should be shared between the homeowners and District in a 60/40 ratio. There is also an agreement with San Jose Water Company authorizing them to build the necessary facilities for the water system crossing District land. S. Schectman recognized C. Britton, D. Simmons, M. Williams, D. Woods, L. Zadek, M. Newburn, T. Fischer and especially John Wiess for their contributions to this agreement. M. Williams reiterated that John Weiss, a Montgomery Highland's homeowner, did an incredible job collecting signatures and all of the money that went into escrow for the homeowners. M. Williams stated that he would be going to the title company to close this escrow next week. The District's total contribution of$1,300,000 will be the full amount paid; San Jose Water will enter into a three-way agreement with the homeowners and the District; the 22 Quitclaim Deeds relieve District from providing water to the homeowners and the Deed to San Jose Water eliminates the District's obligation for easements; there are two Grant Deeds with San Jose Water; the water tank site (1/3-acre) has easements reserved to trail/patrol access by the District; construction should begin in Spring, 2001 on the tanks and San Jose Water will enter into a Permit to Enter with the District for any construction on District land. Finally, the market value when the District purchased the property from Krone-Bishop was appraised at $4.3 million—a good value for this land. K. Nitz asked how many acres were purchased. M. Williams stated 258 acres. C. Britton added that the property had an appraised value of$7.8 million which the sellers had obtained. Meeting 00-34 Page 5 J. Cyr questioned that date on page 3, Item 6 of the Amendment. M. Williams said that this date was an"outside" date, but that the parties want to close escrow before the end of this year. S. Schectman said that the date will be inserted. L. Hassett questioned the 60/40 split of future hook-ups. S. Schectman said that if any refunds come to the District, the District would distribute it to the homeowners based on this ratio. L. Hassett asked about road maintenance. M. Williams said that the District could use the road for patrol and maintenance purposes, and that granting the tank site, the District protects its right to use the road. T. Fischer showed the slide showing the road in question, P. Siemens asked if there was access from Overlook Road. T. Fischer said that travel up Overlook at the end was unpaved which ends in the Krone-Bishop property. P. Siemens said that he appreciated John Wiess's efforts. C. Britton said that he started looking into acquiring this property in the late 1970's and early 1980's and is glad to see it to completion. J. Cyr stated his appreciation to all of the effort put into this project. Motion: P. Siemens moved that the Board determine that no further environmental documentation is required under the California Environmental Quality Act based on the findings as set out in the staff report; adopt Resolution No. 00-70, Resolution of the Board of Directors of Midpeninsula Regional Open Space District Authorizing the Execution of the Third Amendment to Agreement and General Release with the Montgomery Highlands Signatory Landowners authorizing Execution of Certain Agreements with San Jose Water company, authorizing Execution of Certain Quitclaim and Grant Deeds, and authorizing the President and General Manger to Execute Any and All Documents necessary or Appropriate to Closing of the Transaction(El Serena Open Space Preserve); adopt Resolution No. 00-70, Resolution of the Board of Directors of Midpeninsula Regional Open Space District Authorizing Execution of a Quitclaim of Public III Utility Interests and Grant of Easement and a Grant and Easement Deed to Convey to San Jose Water Company Land and Easements Necessary for the Development of the New Water System; reaffirm the authorization for the General Manager to execute all necessary documents for the closing of the transaction, including the Cover Letter Agreement, the Main Extension Agreement and the Agreement for Relocation of Water Facilities between the District, San Jose Water Company and the Montgomery Highlands Signatory Landowners; indicate their intention to dedicate the remaining portions of the property acquired from the Krone/Bishop Trust as public open space; authorize the General Manager, subject to approval of the General Counsel,to issue a Permit to Enter Agreement to San Jose Water Company or its successor to enter the former Krone/Bishop Trust property Meeting 00-34 Page 6 to construct and maintain the new water system and easement access road as described in the Mitigated Negative Declaration and in this staff report, and to therein approve technical project revisions which are minor in nature. M. Davey seconded the motion. The motion passed 7 to 0. D. Agenda Item 4 - Appointment of John Maciel as Peace Officer and Removal of Peace Officer Status for John Escobar and Michael Newburn; Adopt Resolution Appointing John Maciel as a Peace Officer; Adopt Resolutions Decommissioning the Peace Officer Status of John Escobar and Michael Newburn (Report R-00-147). J. Escobar said that his commission as a peace officer was ending and that J. Maciel will have lead peace officer status. Also, M. Newbum was promoted to Maintenance and Construction Supervisor and that this job description was changed to eliminate peace officer status. N. Hanko was glad J. Escobar explained why. M. Casaretto, Equipment Maintenance Operator at the Foothills Field Office, stated that removing M. Newburn's peace officer status could have an unexpected result to District employee housing. It is difficult to find housing in this current market, and that this may force employees out of the area and out of the District. M. Casaretto asked that M. Newburn keep his status of peace officer to keep others from moving. J. Escobar replied that moves may be necessary, if infrequent. He said that he does want employee housing to meet the needs of the District and that there is employee housing available on Skyline. N. Hanko expressed her concern. S. Schectman said that it was not appropriate for the Board to discuss personnel matters in public session, and that what was before the Board was authorizing peace officer status. N. Hanko stated that she wasn't sure how to vote, but realized that the housing issue should be handled by the General Manager and Assistant General Manager. C. Britton recommended approving peace officer status for J. Maciel. He acknowledged he was sensitive to housing needs, but that the District was fortunate to be able to supply housing to employees. He wants to look at the policies and, although this is a difficult situation, would look at both ranger and other housing issues facing the District. J. Cyr said that he would have appreciated knowing the ripple effect in the board report. C. Britton stated that housing was a personnel policy. P. Hearin, District Ranger, supported the District doing their business, but reiterated the ripple effect of this Board decision. He stated that there was a significant ripple effect and was concerned because of the effects on several people. Meeting 00-34 Page 7 K. Carlson, District Ranger, stated that this decision has a huge impact on morale of staff. He understands management's decision, but requested that M. Newburn's de-commission be postponed. I Cyr said that this is a difficult decision at a policy level, but that he needed to look at the good of the District. D. Little expressed his concerns about the Bay Area housing issue and the ability to provide housing to District employees and wanted to make a decision that was good for the organization; however, he acknowledged that the decision of employee housing was up to Craig and management. He stated that he does appreciate the service staff provides. L. Hassett thought this was going to be a benign item. He stated he was uncomfortable proceeding due to possible implications and suggested this item be put off for a time to give staff time to look into the policy. P. Siemens asked if there was a residence currently available on Skyline. J. Escobar stated that there would be one shortly. P. Siemens asked if it was an employee residence. J. Escobar said that C. Beckman would be moving to the A-frame house near the field office which would make his current residence at El Corte de Madera available. P. Siemens said that the District had a place and the time was right; staff made a reasonable decision and provided options. The District is fortunate to provide housing to people, and the District makes it a high priority and should look into long-term planning for future District housing. N. Hanko stated that she would vote against this item. She said the Board should have known more background and that she hoped staff would come to a resolution. M. Davey said this is a management decision and their responsibility and that the Board should not second guess staff-, this is a personnel matter and that the Board should move ahead. D. Little agreed with M. Davey and stated that the Board of Directors do not make management decisions; however, he also stated that he would have liked knowing more background earlier in the process. J. Escobar stated that there was no attempt to hide facts from the Board and that he was surprised by staff response; he had met with affected employees many times and that they had been very gracious. K. Nitz agreed with M. Davey that this is a management decision, but was interested in knowing the ripple effect. Motion: M. Davey moved that the Board adopt Resolution No. 00-71, Resolution of the Board of Directors of Midpeninsula Regional Open Space District Meeting 00-34 Page 8 Appointing John Maciel as a Peace officer; and adopt Resolution No. 00- 72. Resolution of the Board of Directors of Midpeninsula Regional Open Space District Decommissioning the Peace Officer Status of John Escobar and Michael Newburn. D. Little seconded the motion. L. Hasset and N. Hanko each abstained. The motion passed 5 to 0. E. Agenda Item 8—Administer Oath of Office to Reelected Director, Ward 3, Jed Cyr (Report R-00-156). D. Dolan administered the Oath of Office to Director Cyr. VI. INFORMATIONAL REPORTS J. Cyr said he went with J. Escobar to look at potential trail sites at Windy Hill Open Space Preserve. L. Hassett thanked staff for making the transition to being a Board member easy. He especially acknowledged C. Britton, D. Dolan, S. Jensen, and S. Schectman. He had an excellent session about the coast and looks forward to getting more information. M. Davey gave an update on the Stanford land issue. She attended the Palo Alto meeting where the General Use Permit was approved for Stanford; there is a continuation of community resource group which want clarification of the build-out plan (urban sprawl). Joe Simitian was there with his staff and Liz Kniss was there too. The council voted unanimously. N. Hanko asked if reports in the local newspaper were true regarding zoning permitting clustering in effect for 25 year period. M. Davey said that this was not the case. She also said that the maps are inaccurate. N. Hanko, as a member of the Trails Policy Committee, met at Windy Hill Open Space Preserve with J. Escobar, M. Freeman, and A. Ruiz to look at closure recommendations on trail and bike access along the Ridge Trail. K. Nitz went to Windy Hill Open Space Preserve and said that the Kabcenell bridge looked almost done,just clean-up work left, but that the drainage tubes were ugly. K. Nitz also stated that the Metro article on dog access was unfavorable to the District. D. Little asked about a letter regarding oak mortality and Pulgas Ridge. P. Hearin stated that the pathogen was not identified yet for the oak disease. D. Little asked about an item on the incident report regarding a hiker accident. J. Maciel stated that it was reported after the incident that the hiker was given assistance by another hiker. C. Britton pointed out the summary on the Stanford proposal in the FYI's, and for L. Hassett's benefit, that M. Foster's mid-year financial report had no changes; also included was information on a possible restructure of the Public Affairs department and the upcoming remodel of the office building. C. Britton stated that the District worked with Byron Sher on the Bay Area Meeting 00-34 Page 9 Conservancy Program grants and obtained $3 million for Bear Creek Redwoods Open Space Preserve. C. Britton presented a plaque to J. Escobar with his de-commissioned badge. J. Maciel presented a plaque to M. Newburn (in absencia) with his de-commissioned badge. J. Escobar gave a follow-up on the Activity Report. They are underway on supervisory/ leadership training and that there are 19 people in the class; there are six planned all-day sessions. There was a belated send off for Randy Anderson last week. Monthly labor management meetings are underway. Two thousand notices will go out regarding the trail policy report. He met with ROMP leadership last week. S. Jensen invited the Board to the levy breaking on December 20 in the morning at the Rhone- Poulenc site near Ravenswood Open Space Preserve. They are currently recruiting for Outdoor Education docents. S. Jensen agreed that the Metro piece was poor, but that there was good media on L. Hassett; and there were also positive coastal articles. J. Maciel said that on December 20, 2000 there would be two District rangers graduating in the I 00t" academy class. SPECIAL MEETING Staff Present: Craig Britton, Sue Schectman, VII. CLOSED SESSION K. Nitz stated that the Board would adjourn to Closed Session for the purpose of addressing closed agenda item no. I with a conference with Legal Counsel. The Board recessed to Closed Session at 10:00 P.M. and the Closed Session commenced at 10:10 P.M. The Board concluded the Closed Session at 10:30 P.M. VIII. ADJOURNMENT At 10:30 P.M., the meeting was adjourned. Lisa Zadek Recording Secretary