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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-35
SPECIAL MEETING
BOARD OF DIRECTORS
December 20, 2000
MINUTES
I. ROLL CALL
President Ken Nitz called the meeting to order at 7:31P.M.
Members Present: Jed Cyr, Mary Davey,Nonette Hanko, Larry Hassett, Deane Little,
Ken Nitz, and Pete Siemens (arrived 7:38 p.m.)
Members Absent: None
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Staff Present: Craig Britton, S. Schectman, Duncan Simmons, Cathy Woodbury,
John Maciel, Thomas Fischer, Matthew Freeman, Michael Williams, Del Woods, John
Cahill, Stephanie JensenI
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II. ORAL COMMUNICATIONS
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Harry Haeussler, 1094 Highlands Circle, Los Altos, read a letter concerning the coastal
annexation.
N. Hanko stated that the Board could not respond to accusations at this time. Decisions haven't
been made and H. Hauessler's conclusions are not stating the facts.
III. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and
the motion passed 7 to 0.
IV. ADOPTION OF CONSENT CALENDAR
K. Nitz asked a questions about Revised Claims regarding the Visa bill.
Motion: M. Davey moved that the Board adopt the Consent Calendar, including
agenda item 6, Proposed Settlement of Claim for Damage to District
Property at Purisima Creek Redwoods Open Space Preserve; Determine
that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act(CEQA), Adopt the Resolution
Authoriziny,the President to Execute the Release and Settlement
Agreement with State Farm Insurance for the Claim of Damages to
District Property upon Payment of$90,000.00; and Revised Claims 00-21.
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L. Hassett seconded the matron. The motion passed 7 to 0.
330 Distel Circle a Los Altos, CA 94022-1404 • Phone:650-691-1200
Fax:650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.ol)enspac:e.org
Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Fianko,Larry Hassett,Kenneth C. Nitz -General Manager:L.Craig Britton
Meeting 00-35 Page 2
V. BOARD BUSINESS
A. Agenda Item No. 1 —Final Recommendations from the Ad Hoc Trail Use
Committee (Directors Little, Hanko and Cyr); Determine that the Recommended
Actions are Exempt from the California Environmental Quality Act (CEQA);
Accept the Ad Hoc Trail Use Committee's Recommendations - (Report R-00-
155).
M. Freeman indicated that staff sent out over 2,000 notices about this item, and
received only four responses.
C. Britton clarified that the low response to the notice was due to a clear
understanding that the Board would be following through on the Ad Hoc
Committee's recommendations.
M. Freeman presented a PowerPoint presentation, and stated that Russian Ridge
and Windy Hill are the only preserves to have dedicated segments of the Bay
Area Ridge Trail that are closed to bicycles where there are no alternatives.
Russian Ridge is fairly straightforward in terms of providing access to bicycles.
M. Freeman stated that the Ridge Trail was fairly level with a gentle grade. There
is plenty of line-of-sight and room for cyclists to hop off the trail and make room
for hikers or equestrians to pass. It is a very scenic trail, and is in good shape.
The Ad Hoc Committee felt this issue should go to staff for the purpose of
preparing this amendment to allow bicycles. By going through the Use and
Management plan amendment process, staff could provide an opportunity for the
public to give input.
The situation at Windy Hill is more complex. The Bay Area Ridge Trail follows
Lost Trail and is closed to bicycles for its entire length. There was some concern
expressed by staff that opening the Lost Trail to bicycles, would tempt some
cyclists to ignore closures and head down these trails which can lead to more user
conflicts between equestrians and dog users. In addition, there are a number of
alternatives to explore. First, the use of disk line which parallels the Lost Trail
and Skyline Blvd. There are some areas that have experienced slides, but it would
be possible to restore and re-grade the disk line for bicycle use. The Trail Use
Committee directed these issues to Use and Management Committee. The Use
and Management Committee will work closely with staff to further explore each
of these issues and alternatives in more detail. Use and Management Committee
meetings are open to the public so there would be more opportunity for the public
to get involved in that process.
The second amendment issue deals with the idea of bicycle-only trails, including
the possibility of one-way descending trails. Because this is a District-wide
policy issue and it impacts a number of individual preserve plans, the Committee
thought it appropriate to direct this issue to newly chartered Ad Hoc Trail Use
Committee for the sole purpose of exploring this issue and multiple use trails.
Meeting 00-35 Page 3
D. Little clarified the extension of the Russian Ridge trail does not allow for an
easy outlet for bicycles to get to Skyline Blvd.
N. Hanko hoped the Use and Management Committee will keep an open mind on
how to obtain access along the skyline ridge where the part of the trail is south of
the Windy Hill parking lot. N. Hanko would prefer to see the Committee look at
options on other side of Skyline Blvd. which would mean negotiating with the
Audubon Society.
D. Little stated that they would like to hear from bike community and the
community at large regarding the issue of bike-only trails. In the beginning he
felt that there was some support, but later heard that the support was equivocal,
thus the committee would like to know what is of interest to the constituents.
S. Schectman clarified for the Board and the public that the Board was not
making any decisions tonight,just deciding whether to direct staff to evaluate and
return either through the Use and Management Committee or to the Board.
K. Nitz asked why there would be descending-only trails. D. Little clarified that
his original idea was to try to avoid user conflicts, by taking away high-speed
bicycle traffic and giving the cyclists a place to go.
L. Hassett stated that he is in support of the Ridge Trail extending through the
former Norton property all the way to Rapley Ranch Road. There is an
opportunity to get some baseline information on a trail that is in really good
condition, and it would be an interesting study to see how that trail evolves over
time. The District needs to look at the impact of extending that trail, and what it
means on the trailhead for Rapley Ranch Road, and where people are going to
park and other implications associated.
P. Siemens stated he was concerned with one-way down-hill bicycle traffic. He
has heard of other agencies with one-way up-hill bicycle traffic which has been
much more successful. He doesn't feel that the one-way down-hill trails should
be encouraged.
D. Little stated that you can't just let cyclists go up hill, as they eventually must
go downhill; the question is does the District create an opportunity where they can
go downhill without user conflict, as they have to go down eventually.
Rod Brown, 11124 Loa Paloma Drive, Cupertino, President of ROMP, thanked
committee for moving forward with the recommendations. Generally agreed with
staff s recommendations. Get cyclists involved, including members of ROMP.
One addition in spirit of Trail Policy, they talked about equivalent trails, one area
that hasn't been addressed is the Soda Gulch Trail at Purisima, which is a section
of the Ridge Trail, and requested that the Board Committee look at this trail as
well as part of the process.
Meeting 00-35 Page 4
Murray Hartmann, 1231 Regency Place, San Jose, involved with Walt's Cycle
and Fitness. Liked Russian Ridge section recommendation. He is concerned with
Audubon negotiations which could bog down for a period of time. More sense to
open the Lost Trail in the meantime as you negotiate with the Audubon Society,
that way we wouldn't be excluded from any given route. As far as Uphill and
downhill designated trails, Table Mountain is a one-way trail. Suggested
educating hikers of intent to route the bicycle traffic, and that they should take
their own precautions. Downhill is necessary, and not all cyclists are thrill
seekers.
Patty Ciesla, Los Altos Hills, handed out drawings and talked 4bout the potential
of cyclists on Lost Trail and keeping an open mind. Discussed the concept of
"traffic calming" and drew illustrations of"traffic calming" to mitigate concerns
about speeding cyclists using natural materials. Items reduce possible speed
while on trail. (Discussed illustrations.) Post sign with result to enforce proper
use. Avoid cutting new trails. She stated she is not in favor of bike-only trail,
agreed bikes should go to County for high speed. She suggested that the District
should focus on education.
Scott Schlacther, 7161 Via Colina, San Jose, commended the Ad Hoc Committee
for these considerations. Thanked the Ad Hoc Committee for consideration of
one-way trails. Doesn't have to be bicycle only, but the concept of having more
than one trail (ie: parallel trails) would give hikers an alternate to stay off of
bicycle trails. He has seen use of this at parks (in Denmark) and would like to
share his information.
Charles Olgass, Los Altos Hills, stated that Hamms Gulch and Razor Back Ridge
already come out to Skyline, and he isn't sure if by having the Lost Trail would
get anybody to ride those trails.
D. Little stated that he liked Director Hassett's idea of gathering data on changes
of the trail.
C. Britton thought that base-line photography work could be done (although not
scientific), similar to when the District monitors an easement.
Motion: D. Little 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; and accept the Ad Hoc Trail
Use Committee's recommendations as described in the report. N.
Hanko seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2 - Proposed Addition of Fletscher Property to Mt. Umunhum
Area of Sierra Azul Open Space Preserve; Determine that the Recommended
Actions are Categorically Exempt from the California Environmental Quality Act
(CEOA); Adopt the Resolution Authorizing Approval of the Purchase Agreement
and General Release for Acquisition of the Fletscher Property; Tentatively Adopt
the Preliminary Use and Management Plan Recommendations, Including Naming
Meeting 00-35 Page 5
the Property as an Addition to Mt. Umunhum Area of Sierra Azul Open Space
Preserve; Indicate Intention to Withhold the Property from Dedication as Public
Open Space at this Time—(Report R-00-15 8).
T. Fisher gave a PowerPoint presentation showing pictures of the area to be
acquired. The property is 40 acres near the Twin Creek's area; a desirable
addition to the watershed and is valuable scenic area. There are some
improvements on the property which are structures, a trailer, and a spring. The
sellers would stay on the site as a life-estate which is about seven acres; an area
with improvements. Under the Use and Management Plan, staff recommends that
the property remain closed to the public during the term of the life estate. This
project does not have a significant impact on the property and is exempt from
CEQA.
M. Williams discussed the purchase price of$400,000, which includes a
settlement agreement which will resolve disputes concerning a potential land
exchange that was contemplated in a 1989 transaction. As part of this transaction,
Mr. Fletscher would retain a life estate of about seven acres, which is the
improved area, and includes a garden area. He also will reserve access rights to
his property, and water rights which are on the District property. Any new
construction proposed on the property is subject to District design and review
approval. The District can inspect the property twice annually to see that the
restrictions and conditions are met with. The property is being acquired on an
"as-is" basis, and when the life estate does terminate, the District will be
responsible for the clean up of the structures and other belongings on the property,
currently estimated at $20,000.
J. Cyr was curious as to why Seller would agree to remove belongings and not
wait for the life estate to end and have the District remove the items. M. Williams
replied that the Seller believes the belongings have value and may want to sell
them. P. Siemens added that it appears that we are giving him a year to clean
things up so the Seller can take what he wants out of that area. M. Williams
agreed. K. Nitz inquired about the cost to clean up. M. Williams said that the
$20,000 covered the clean up of everything, including the items on District land.
P. Siemens questioned improvements. He noted two double-wide trailers and a
manufactured home and asked for clarification. M. Williams said that it is a
wood-sided structure similar to a trailer.
K. Nitz asked if the Seller was restricted to a certain number of structures. M.
Williams said that he is allowed to put an enclosed porch on his existing trailer,
but any other additions would require District approval. S. Schectman said no
new structures would be allowed without District approval, as would enlargml,
existing structures. K. Nitz asked what recourse the District would have for any
illegal building. S. Schectman said that the District would have legal recourse
under the recorded document, the Reservation of Life Estate, which has
conditions and covenants. C. Britton added that the District would work to rectify
any violation with the Seller.
Meeting 00-35 Page 6
K. Nitz stated that the District has several life estates and asked if the District had
any problems with those. C. Britton said that the District does not have inspection
rights, and that this life estate is unusual in that respect.
P. Siemens commended staff. M. Williams named the helpful staff- Sue, Del,
Tom, Duncan, field staff.
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 this report; adopt the
attached resolution authorizing approval of the attached Purchase
Agreement and General Release for Acquisition of the Fletscher
property; tentatively adopt the Preliminary Use and Management
Plan recommendations contained in the staff report, including
naming the property as an addition to Mt. Umunhum Area of
Sierra Azul Open Space Preserve; and indicate their intention to
withhold the property from dedication as public open space. M.
Davey seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 3—Authorization to Solicit Bids for Improvements to the
Administration Office Building, at 330 Distel Circle, Los Altos; Authorization for
the General Manner to Modify the Agreement for Engineering Services for the
Office Improvements; Authorization to Proposals for Professional Services to
Assess the Energy-Efficiency of the Administration Office Building; Authorize
Staff to Solicit Bids for Improvements to the Administration Office Building;
Authorize the General Manager to Modify Existing Agreement with Panko
Architects to Include Mechanical and Engineering Services not to Exceed an
Additional $7,500 and to Approve the Total Amount of$32,500 to be Paid to
Panko Architects; Authorize Staff to Solicit Proposals from Various Professional
Consultants to Assess the Heating, Ventilating and Air Conditioning (HVAC)
Systems and Thermal Dynamics (Energy Efficiency) Systems of the Main Office
Building - (Revort R-00-13 1).
C. Britton gave some background information on the office improvements when
the District bought this building. Due to the growth in staff, there is a need to
expand space. Anticipates eventually occupying the tenant space. The proposal
is to hire an architect and work with staff to gather ideas.
J. Cahill presented gave a PowerPoint presentation showing office layout and he
reviewed the proposed modifications. There is a need to upgrade the electric
panels to support the increased usage. Adding electrical and mechanical drawings
to the scope of work increased the cost to Panko Architects, which staff is
requesting the Board to approve the General Manager to approve the increased
cost. Also, the Enterprise program was looking at repairing the roof over the
tenant space, and Planning has assumed responsibility for this work and expects
this work to be done in the Spring.
Meeting 00-35 Page 7
L. Hassett was delighted to see the future proposal of the energy assessment for
the building. He was surprised at the cost of the energy assessment. L. Hassett
suggested having manufactures come out and provide free bids.
J. Cyr encouraged staff to go forward and feels it was wise to buy the building
several years ago, and that there is value to maintain and upgrade this investment.
J. Cahill agreed that this is a true capital improvement project.
P. Siemens is also encouraged about the energy assessment. Is it possible to have
contractors bid specifically for double-pane glass. J. Cahill agreed that this would
be possible.
C. Britton stated that the HVAC system has always been a problem. Discussed
this in the Budget Committee, and decided to separate this issue from the interior
improvements, but to have somebody come in and give an assessment. Rather
than have a manufacturer come in, it would be better to have a third party give
suggestions regarding double-pane glass, insulation under the roof, and how to
make the whole heating and cooling system more efficient. We think its more
than just having one manufacturer in, but rather would involve several different
areas. C. Britton also reminded the Board that the money to pay for the office
improvements comes from acquisition budget, which is why we want to do a
thorough energy study to see where the money will be spent and what will save us
money in the long run so that we can continue to use the money for acquisitions.
K. Nitz asked if this was integrated in the 5-year average for capital
improvements. C. Britton agreed and added that there is actually a facilities
budget. If the costs are above the guideline, then that is something the Budget
Committee will have to look at.
M. Davey encouraged making the building green.
Motion: J. Cyr moved that the Board authorize staff to solicit bids for
improvements to the administrative office building; authorize the
General Manager to modify the existing agreement with Panko
Architects to include mechanical and engineering services, not to
exceed an additional $7,500, and approve the total amount of
$32,500 to be paid to Panko Architects; and to authorize staff to
solicit proposals from various professional consultants to assess the
Heating, Ventilating and Air Conditioning (HVAC) systems and
thermal dynamics (energy efficiency) systems of the administrative
office building. M. Davey seconded the motion. The motion
passed 7 to 0.
D. Agenda Item No. 4 - Proposed Restructuring of Public Affairs Department and
Amendment to the Position Classification and Compensation Plan; Approve the
Replacement of the Vacant Visitor Services Supervisor Position with the
Community Programs Specialist Position and Assign a Salary Range of Step
Number 271 to 296, with Corresponding Monthly Salary Range of$4,184 to
Meeting 00-35 Page 8
$5,366; Approve the Creation of the New Public Affairs Specialist Position and
Assign a Salary Range of Step Number 256 to 281 with a Corresponding Monthly
Salary Range of$3,604 to $4,622; Authorize the Filling of Both the Community
Programs Specialist and the Public Affairs Specialist Positions; Approve
Corresponding Amendments to the Position Classification and Compensation
Plan - (Report R-00-159).
S. Jensen discussed modifying the Public Affairs structure by adding a new
position, the Pubic Affairs Specialist, and changing the name of the Visitor
Services Supervisor to Community Programs Specialist. The difference between
these two positions is that the new position would provide more resources for
interpretive work, more resources for bringing new ideas to the volunteer and
docent programs. Looking forward to having new ideas and help look at long
range plans for these programs. The Public Affairs Specialist, a new position,
would work closely with the Public Affairs Manager. There are many exciting
projects that this position would work on including the coastal annexation, future
funding measure, and more energy into the cleanup of Mt. Umunhum.
C. Britton gave some background information on the personnel of the Public
Affairs department. He would like to see the volunteer programs to grow, would
like to see a strategic plan, and take some of the load off of the Public Affairs
Manager. The salaries were discussed with Johnson and Associates who did the
recent salary surveys, and they felt the ranges were correct. He highly
recommends this proposal.
K. Nitz asked for clarification if the Community Programs Specialist was a
manager of three people, and that the job description does not state that this
position would be supervising. S. Jensen stated that this position would be a
supervisor, but that she wanted this person to foster a more coordinating role, but
that they would do performance evaluations. She would like this person to also
foster a team environment and de-emphasize the supervision role.
K. Nitz asked if these positions were budgeted in this year's budget. S. Jensen
replied that she was hopeful to fill these vacancies in this fiscal year. As for next
fiscal year, the impact would be one net new position. K. Nitz asked if the
position of Visitor Services Supervisor would be eliminated. S. Jensen said it
would be eliminated.
P. Siemens suggested adding performance evaluations to the job description of the
Community Programs Specialist, regardless of the team format. D. Dolan stated
that item 11 of the job description did state the duty of performance evaluations.
P. Siemens suggested moving that item higher on the list of job requirements.
Motion: P. Siemens moved approval of 1. The replacement of the vacant
Visitor Services Supervisor position with the Community
Programs Specialist position, and assign it a salary range of Step
Number 271 to 296, with a corresponding monthly salary range of
$4,184 to $5,366. 2. Approve the creation of the new Public
Meeting 00-35 Page 9
Affairs Specialist position and assign it a salary range of Step
Number 256 to 281, with a corresponding salary range of$3,604 to
$4,622. 3. Authorize the filling of both the Community Programs
Specialist and the Public Affairs Specialist positions. 4. Approve
the attached corresponding amendments to the Position
Classification and Compensation Plan. D. Little seconded the
motion. The motion passed 7 to 0.
E. Agenda Item No. 5—Dedication Status of District Lands, Adopt the Resolution
Dedicating Interests in Certain District Lands for Public Open Space Purposes
(Report -00-160).
D. Woods reported that this was an annual report in accordance with the dedicated
lands policy. Staff provides the Board with a summary table and looks at sites
recommended for dedication. The District currently holds 46,547 acres of land;
not all is necessary in fee; over 40,000 acres is in fee, and the other portion is
reflected in leases, management agreements, easements. D. Woods gave a
PowerPoint presentation showing recommended properties totaling 17 properties
which total over 1,700 acres. He went through each proposed property and gave
background information. With the passage of this resolution, the total percentage
of dedicated land will be about 70%; 30% will remain undedicated with the
majority of these lying in the Sierra Azul Open Space Preserve.
N. Hanko stated that this is always her favorite report in December and looked
forward to it every year.
K. Nitz asked if trail use would be effected. C. Britton replied that there is no
effect to trail usage by dedicating the land.
D. Little had concerns about dedicating the name of Mills Creek. S. Schectman
clarified that only the land was being dedicated, not the preserve name.
J. Cyr echoed N. Hanko's statement that this is his favorite report in December.
Motion:. M. Davey moved approval of the adoption of Resolution No. 00-
76 dedicating interests in certain District lands for public open
space purposes. J. Cyr seconded the motion. The motion passed 7
to 0.
VI. INFORMATIONAL REPORTS
N. Hanko gave a report on spending the day in East Palo Alto at Ravenswood Open Space
Preserve attending the opening of the levy. It was very exciting to see the water rush in and learn
that this was the beginning of the area becoming a marsh. The levy opening was done by
Aventis (originally Rhone-Poulenc), who put in $500,000 towards the restoration project. She
also recognized M. Davey as a major factor into making the levy breaking a media event, which
included coverage by Channel 7 news. Also the mayor of East Palo Alto was delighted with the
event as well.
Meeting 00-35 Page 10
C. Britton added that the property was purchased for$500,000, and Land and Water Funds paid
half, but the District received a grant for the other half, so there was no cost to the District. Also,
that this was the first parcel re-opened in 34 years to marsh land along the south Bay.
J. Cyr said that he and M. Davey will attend a leadership event in Cupertino, and do a
presentation about the District.
L. Hassett said that the day was really exciting with the opportunity to see the levy breaking. He
complemented Nonette on her remarks in front of the camera. This was a well planned, state-of-
the-art restoration project. There was a lot of thought, effort and science put into this.
J. Maciel updated the Board regarding the employee housing issue brought up at the previous
meeting. They will postpone moving any employees for a six-month period and during that time
will evaluate whether there will be any public safety problems or not. There is still some
concern about the presence of ranger staff in the off hours. The second item was that two new
employees graduated from the academy in Santa Rosa. This was the 100"' graduating class from
the academy.
VII. ADJOURNMENT
At 10:15 P.M., the meeting was adjourned.
Lisa Zadek
Recording Secretary