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Regional Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Meeting 01-20
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS {
September 12, 2001
MINUTES
SPECIAL MEETING
I. ROLL CALL
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President Pete Siemens called the meeting to order at 6:37 p.m.
Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett,
Deane Little (arrived at 6:50 p.m.), Ken Nitz (arrived at 7:20 p.m.), and Pete
Siemens
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Members Absent: None
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Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, Torn Trapp,
Mike Williams, Cathy Woodbury
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II CLOSED EDSESSION
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r 1 adjourn 1 Session i P. Siemens stated that the Board would a1l�u to Closed Scss• t� discuss
Closed Session Agenda Item 1.
The Board recessed to Closed Session at 6:37 p.m. and the Closed Session
commenced at 6:37 p.m. The Board concluded the Closed Session at 7:27 p.m.
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REGULAR MEETING
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In light of the terrorist events of September 11, a moment of silence was observed.
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III. P. Siemens called the Regular Meeting to order at 7:30 p.m. and noted that no
reportable actions had taken place in Closed Session.
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Additional Staff Present: Sandy Sommer, Stephanie Jensen, Lisa Zadek, Ana
Ruiz, John Maciel, Sally Thielfoldt
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330 Distel Circle - Los Altos, CA 94022-1404 - Phone:650-691-1200
Fax:650-691-0485 - E-mail:mrosd@openspace.org * Web site:www.openspace.org ®FREE..
Board of Directors:Pete Siemens,Mary C.Dave Larry Nassett,Kenneth~C.Nitz .Gen
y,Jed Cyr, Deana Little,Nanette tianko, ar l oral Manager:I_ Cram Britton
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Meeting 0 1-20 Page 2
IV. ORAL COMMUNICATIONS —There were none.
V. SPECIAL ORDER OF THE DAY
Introduction of new District staff.
C. Britton introduced Sally Thielfoldt, the new Administration and Human
Resources Manager.
VI ADOPTION OF AGENDA
Motion: K. Nitz moved that the Board adopt the agenda. N. Hanko
seconded and the motion passed 7 to 0.
VII. ADOPTION OF CONSENT CALENDAR
K. Nitz removed Agenda Item 8, Authorization to Amend Agreement with
Freyer& Laureta for Civil Engineering Services, and Authorization to Amend
Agreement with Cotton Shires& Associates for Geotechnical Engineerin
Services For the Federal Emergency Management Agency (FEMA)-Funded Old
Page Mill Road Repairs at Skyline Ridge Open Space Preserve, Authorize the
General Manager to Execute an Amendment to the Consultant Services
Agreement with Freyer& Laureta, Inc. of San Mateo, For an Additional $5,700
($4,600 Additional Work and up to $1�100 for Future Potential Contingencies
Over the $28,300 Previously Authorized, to Cover Extra Civil Engineering
Services for Additional Work Not Included in the Original Scope of Work For the
FEMA-Funded Old Page Mill Road Repairs at Skyline Ridge Open Space
Preserve, For a Total Sum Not to Exceed $34,000.
Staff answered questions regarding Claim #2415.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
Agenda Item 5, Authorization for Board Members to Attend the
9th Not-So-Annual California Special Park and Open Si
District's Forum in Marin County at a Total Cost Not to Exceed
$500 per Board Member; Agenda Item 6, Authorization to
Change District's Designation of Authorized Signatories for
District General and Payroll Checking Accounts and for Access to
the District's Safe Deposit Boxes, Adopt the Attached Resolution
of the Board of Directors of the Midpeninsula Regional Open
Space District Establishing Signatories for General Checking
Account (Mid-Peninsula Bank)Agenda Item 7, Authorization to
Purchase Dump Truck, Authorize the General Manager to Execute
a Purchase Contract with Mission Valley Ford for One Dump
Truck at a Cost of$66,292.56; and Revised Claims 01-17. L.
Hassett seconded the motion. The motion passed 7 to 0.
Meeting 01-20 Page 3
VIH. BOARD BUSINESS
A. Agenda Item No. 1 —Authorize the President of the Board of Directors to
Execute the Cooperative Agreement for the Assessment of Natural
Resource Damages Arising from the Release of Mercury to the Guadalupe
River Watershed By and Between the County of Santa Clara- the Santa
Clara Valley Water District, the City of San Jose, the Midpeninsula
Regional Open Space District, Myers Industries, Inc., the Guadalupe
Rubbish Disposal Company, Inc., the United States Department of the
Interior, and the State of California, Department of Fish and Game—
(Report R-0 I-104).
D. Simmons presented the staff report. He said there would be a process
of technical meetings that should not last more than three months, then a
similar process for establishing credits to offset the debit numbers that
could run through April. Once the project began, he said staff was looking
at another year before completion.
N. Hanko said it was a good move to take part in the cooperative
resolution of these problems.
Motion: M. Davey moved that the Board authorize the President of
the Board of Directors to execute the Cooperative
Agreement for the Assessment of Natural Resources
Damages Arising From the Release of Mercury to the
Guadalupe River Watershed by and between the County of
Santa Clara, the Santa Clara Valley Water District, the City
of San Jose, the Midpeninsula Regional Open Space
District, Myers Industries, Inc., the Guadalupe Rubbish
Disposal Company, Inc., the United States Department of
the Interior, and the State of California, Department of Fish
and Game. L. Hassett seconded the motion. The motion
passed 7 to 0.
B. Agenda Item No. 2- Final Adoption of Use and Management Plan
Amendment for Windy Hill Open Space Preserve, Adopt the Amendment
to the Use and Management Plan for Windy Hill Open Space Preserve as
Follows: (1) Open the Betsy Crowder Trail to Hikers, Equestrians, and
Leashed Dogs, but Not to Bicycles, (2)Install an Observation Area at
Sausal Pond and Close the Perimeter Area to Public Use for Resource
Protection, (3)Realign, Construct, and Restore Unpaved Trails and Roads
for a Net Increase of Eighty(80)Linear Feet of Trail, and (4) Adopt the
Name 'Sequoias Trail' for a 0.2-Mile Trail that Connects to a Town of
Portola Valley Trail and Open the Trail to Hikers, Equestrians, and
Leashed Dogs, but Not to Bicycles—(Report R-0 I-105).
Meeting 01-20 Page 4
A. Ruiz outlined staffs recommendation and noted that seven comments
had been received since the packet went out.
N. Hanko asked about the cover letter from the Town of Portola Valley
Mayor. She said she was still opposed to closing the reroute road. She
was in favor of closing it to vehicles and in favor of use by hikers only and
as an interpretive trail. She asked if the Use and Management Committee
had considered a seismic interpretive trail. K. Nitz said they had not, and
there is one at Los Trancos. N. Hanko suggested that they should not
overlook the chance to educate the public whenever the San Andreas Fault
crosses District property. She said she would like to see that subject sent
to the Use and Management Committee so it might include this trail. K.
Nitz agreed that was a good idea.
N. Hanko said the District's trail policies include interpretive trails as a
type that should be looked at, and it could be restricted to hikers only. She
did not think the District had developed one since the Monte Bello nature
trail, and there are more opportunities.
S. Sommer confirmed that the San Andreas Fault crosses this area and said
it is a wide zone.
S. Sommer said the intent was to eliminate the road trace at the small sag
pond. She said the letter from the Town of Portola Valley referred to
drainage problems in the road, and the realignment avoids that problem.
In regard to whether the Town would require a site development permit, S.
Sommer said staff would have to go through that discussion after Board
approval. She said they hoped to design the project so the District would
not need a site g
di Re arit.permit.
development n the reference to three
P P Regarding
parallel routes within 100 feet, she said staff counts the driveway as the
third one.
D. Little said the Committee had not talked about an interpretive trail to
the small Sag Pond, but had talked about changing it from a road to a trail.
He said the Committee agreed that the small Sag Pond is a wetlands and
an environmentally sensitive area. He said he thought it was very
important that the District, as an environmental agency, act to protect that
kind of area and specifically act in a way that is the same level of
responsibility that might be required by a farmer if he were told by an
environmental agency that he could not take his tractor through an area
because it was a wetland. He thought it was the right thing to do to follow
staffs recommendation. He said if they wanted an interpretive trail, they
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could put one at Sausal Pond.
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Meeting 01-20 Page 5
N. Hanko said she would suggest an amendment to the motion to direct
the Use and Management Committee to look at an interpretive trail that
would include the geology of the area, with the alignment left open.
L. Hassett supported N. Hanko. He told why he was still not convinced
that trail density was an issue. He said making the trail smaller, narrower,
and less used was the right first step.
Sarah Fries, 135 Farm Road, Woodside, thanked the Board for dedication
of the Betsy Crowder Trail. She said they do have a major concern about
the plan to close the Kabcenell bridge and the Sag Pond Trail. She said
Portola Valley has consistently had a policy of not letting construction
projects interrupt trail connections, and this is a major trail connection
going through Windy Hill. She said they have seen construction projects
go on for two years or more, and it seemed that there were other
alternatives. She thought large vehicles traffic could be controlled.
C. Woodbury clarified that temporary closure of the bridge is not part of
Use and Management amendment. She said the Sag Pond Trail would not
be closed until the other trail is complete and would only be closed during
initial grading and excavation, not throughout the whole project.
Adda Quinn, 3027 St. James Road, Belmont, chairman of the Santa Clara
County Horsemen's Association and a member of the District's volunteer
trail patrol, said she was very pleased to be able to fide the Betsy Crowder
Trail. She said they are concerned about year-round access to all
preserves because horses need exercise year round. She thought the new
trail alignment was an excellent solution and said she fully endorsed
statrs proposals.
Jeanette Hansen, 1225 Portola Road, Portola Valley, said she was happy to
have the Betsy Crowder Trail. Her concern has been that the Kabcenell
Bridge has been closed to horses. C. Woodbury clarified that the bridge
was just completed recently and would be open on weekends. The
alternative trail construction will take place after construction of the house
is completed. She said she was certain the new trail would not be
completed this year.
S. Sommer said the next step would be to talk to the Town as to whether a
site development permit is required.
As to when construction can occur, C. Woodbury said that depended on
the way the permit is written. She said they do not have the Kabcenell's
construction schedule. She said the idea is that after grading and
excavating is complete and the materials are on site, staff can open the
area during the week. They were supposed to start excavation this week.
Meeting f 01-20 Page 6
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A. Ruiz said there are signs at all trail heads and preserve entrances
regarding the closure.
C. Britton clarified that he did not think the District has had construction
on inholdings in the past. Staff is trying to balance public safety against
construction needs and are not sure if they can complete it this year. The
schedule will be up in the air. He said they would open up the trails as
much as they can, but safety is a primary concern.
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J. Cyr suggested that if the problem were south of the Sag Pond they
might be able to open a dead end trail, though monitoring it to strictly foot
traffic would be difficult.
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C. Woodbury stated that the bridge would be closed to all access except
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construction traffic during the week. She added that they have worked
with Mr. Kabcenell, and he was also concerned about safety. They had
also consulted with District legal staff.
D. Little expressed great concern about trucks speeding in the area and
suggested that they impose a strict speed limit on earth moving vehicles on
preserves. C. Woodbury said there is a15 mph maximum.
S. Sommer clarified that the Kabcenell driveway and bridge were never
opened following construction except to hikers, and that equestrians were
technically in violation. It became an enforcement issue, and the decision
staff made was to open it on weekends only.
S. Schectm n added that what was before the Bo
ard tonight was the
Windy Hill Use and Management Amendment. She assured them that
staff was aware of the issue of how to make the Kabcenell Bridge safe.
Letters setting forth strict guidelines have been sent to Mr. Kabcenell. She
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said the Board's safety concerns have and will be addressed.
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Motion: K. Nitz moved that the Board adopt the amendment to the
Use and Management Plan for Windy Hill Open Space
Preserve as follows: (1) Open the Betsy Crowder Trail to
hikers, equestrians, and leashed dogs, but not to bicycles,
(2) Install an observation area at Sausal Pond and close
the perimeter area to public use for resource protection, (3)
Realign, construct, and restore unpaved trails and roads for
a net increase of eighty (80) linear feet of trail, and (4)
Adopt the name "Sequoias Trail" for a 0.1-mile trail that
connects to a Town of Portola Valley trail and open the
trail to hikers, equestrians, and leased dogs, but not to
bicycles. J. Cyr seconded the motion.
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Meeting 01-20 Page 7
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Amendment: N. Hanko moved to amend the motion that the Board
charge the Use and Management Committee with a study
of a location for an interpretive trail displaying the geologic
features of the San Andreas Fault on that preserve. L.
Hassett seconded the motion.
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Discussion: C. Britton said that he did not believe it was possible to
abandon that road and still do a study of the interpretive
things near the Sag Pond. He said they would like to look
at something more comprehensive in terms of an
interpretive trail. He questioned whether they would want
to finalize this and leave the matter of the interpretive trail
hanging. S. Sommer said she was aware of some of the
other potential interpretive items related to the geology of
the area in question besides the Sag Pond, including Sausal
Pond.
Vote on Amendment:
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The motion passed 6 to 0 (Dir. Little abstained).
Vote on main motion
The motion passed 7 to 0.
C. Agenda Item No. 3- Approval of the Concept of Producing a District
g PP P g
Preserve and Trail Guide Book As a Part of the District's 30th
Anniversary Recognition and Authorization for Staff to Negotiate a
Contract for Authorship of the Book; Authorize District Staff to Contract
with Mr. Bamy Spitz to Perform Researching, Writing, and Drafting
Revision Services to Author the District's Book in an Amount Not to
Exceed $40,000 - Report R-01-108).
S. Jensen presented staff recommendations. She said the Marin County
book sold for $17.95, and staff is considering $19.95 for the District's
book. She said the number of books that will be included in the
compensation for the author would be part of the negotiations. Marin
County awarded him 300 books in addition to his compensation. She
talked about the author's experience, and said that he had coordinated with
the editors regarding graphic designs, etc. Based on her research, she
thought printing and production of 4,000-6,000 books would cost $30,000-
$50,000. Marin County expects to recoup the author's fees and
production fees. She said Mr. Spitz was responsible for marketing and
distribution of Marin's book, and she talked about other distribution
strategies that might be used.
Meeting 01-20 Page 8
C. Britton noted that a book is something staff has been thinking about for
awhile. He thought it would be a valuable commodity, and the upcoming
30t' anniversary gave staff a reason to consider it. He thought the District
would break even, and that even if the District loses money, it is a
valuable product.
N. Hanko stated that according to Printer's Inc., B. Crowder's book was
the best seller of all their books. She said the Committee had talked about
the possibility of organizing the District's book a little differently than
Marin's. S. Jensen said she had talked to the author about that idea, and
he thought that was good. S. Jensen said the District will get an electronic
copy and can use it on the District's web site. She added that the District
retains final editorial control over the book and would own it.
S. Jensen said staff had not looked at a price for a hard cover book but
might consider a coffee table book in the future. In addition, staff had not
looked into a limited number of hard cover books, mostly because
economy of scale applies. D. Little suggested having a waterproof cover.
C. Britton said staff would take down ideas in the future. He added there
is no budget for this item. If they go forward, the money would come out
of land acquisition.
Motion: K. Nitz moved that the Board approve the concept of a
District preserve and trail guide book, as outlined in the
Request for Proposals; and authorize District staff to
contract with Mr. Barry Spitz to perform research, writing,
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and draft revision services to author the District's book in
an amount not to exceed $40,000. L. Hassett seconded the
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motion.
Discussion: P. Siemens added that it is important to get the history of
the preserves in the book, including cultural history. C.
Britton said there would be some history in this book, but
not in-depth history. S. Jensen said staff has have asked the
author for his research files. She said completion of the
book is scheduled for October of next year. K. Nitz
suggested that the Board should decide on a name for the
preserve now known as Mills Creek Open Space Preserve
prior to publication of the book.
Vote: The motion passed 7 to 0.
D. Agenda Item No. 4—Proposed Amendments to District Gift Polic
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Approve the attached amendments to the Districts Policy for Site Naming
and Gift Recognition—(Report R-0I-106 .
C. Britton outlined the recommended amendments.
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The last sentence at the bottom of page 3 was changed to read, " . . . which
may not necessarily be recommended by staff or, if so, approved by the
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C. Britton said that the wording of the last paragraph on Page 4 was left
the way it was so that the Board could interpret who"significant
supporters" were.
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Following discussion, it was decided to add on page 2 "mention in a
District publication" for gifts of$10,000 or more under unsolicited cash
gifts, including an asterisk in case donors do not want public recognition.
On page 3, for gifts of$10,000 or more, the word"possible" was added
inside the parentheses before the word"ceremony".
Motion: M. Davey moved that the Board approve the amendments
to the District's Policy for Site Naming and Gift
Recognition. K. Nitz seconded the motion. The motion
passed 7 to 0.
E. Agenda Item 8. Authorization to Amend Agreement with Freyer&
Laureta for Civil Engineering Services, and Authorization to Amend
Agreement with Cotton Shires & Associates for Geotechnical Engineering
Services For the Federal Emergency Management Agency(FEMA)-
Funded Old Page Mill Road Repairs at Skyline Ridge Open Space
Preserve; Authorize the General Manager to Execute an Amendment to
the Consultant Services Agreement with Freyer& Laureta, Inc. of San
Mateo, For an Additional $5,700 ($4,600 Additional Work and up to
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$1,100 for Future Potential Contingencies Over the $28,300 Previously
Authorized),to Cover Extra Civil Engineering Services for Additional
Work Not Included in the Original Scope of Work For the FEMA-Funded
Old Page Mill Road Repairs at Skyline Ridge Open Space Preserve. For a
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Total Sum Not to Exceed $34,000—(Report R-01-107).
S. Sommer said the reason for the amendment was that there is no way to
quantify the feasibility of the proposal to use"borrowed" fill without
additional topographic surveys.
Motion: K. Nitz moved that the Board authorize the General
Manager to execute an amendment to the consultant
services agreement with Freyer& Laureta, Inc. of San
Mateo, for an additional $5,700 ($4,600 additional work
and up to $1,100 for future potential contingencies over the
$28,300 previously authorized, to cover extra civil
engineering services for additional work not included in the
original scope of work for the FEMA-funded Old Page Mill
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Road repairs at Skyline Ridge Open Space Preserve, for a
total sum not to exceed $34,000; and authorize the General
Manager to execute an amendment to the consultant
services agreement with Cotton Shires & Associates of Los
Gatos, for up to an additional $2,000 for future potential
contingencies over the $23,000 previously authorized, to
cover extra geotechnical engineering services for additional
work not included in the original scope of work for the
FEMA-funded Old Page Mill Road repairs at Skyline
Ridge Open Space Preserve, for a total sum not to exceed
$25,000. M. Davey seconded the motion. The motion
passed 7 to 0.
IX. INFORMATIONAL REPORTS
K. Nitz: 1. He attended the Palo Alto Art and Wine Festival, and said the booth
was very quiet. 2. The Use and Management Committee held a public meeting at
Jacques Ridge, and 15-20 very receptive people attended.
J. Cyr: 1. He had received via email copies of the 360' photos of Mt. Umunhum.
2. He was going to go hiking at Fremont Older with people who want to talk to
Board Members. 3. He commented on the fact that the District did not have a
booth at the Mountain View Art and Wine Festival.
N. Hanko: 1. LAFPAC met and tentatively approved a site for the Crowder
bench. C. Britton said staff had not yet investigated the site. C. Woodbury said it
would come back to the Board in late October. C. Britton said staff could come
back with some bench material suggestions as well. 2. She went to the goodbye
party for Roger Meyers. 3. The Los Altos History Museum will have an exhibit
preview reception on September 20. On September 23 they will present Local
Heroes of the Peninsula Open Space Movement, which includes the District.
P. Siemens: 1. He had attended the staff recognition event and said it was very
well done. 2. The photographer who invented the method to take 360' photos,
David Schwaderer, will be taking pictures at Mt. Umunhum on Saturday. He is
volunteering his services.
L. Hassett had also worked the booth at the Palo Alto Art and Wine Festival.
C. Britton.- 1. He referred to the Mercury News article about Mt. Umunhum, and
said he would hopefully be working with Paul Rogers on an editorial after the tour
on the September 22. 2. He said the FYIs included a note that the District
received a $15 1,000 land and water conservation project grant for Pulgas. 3. He
pointed out an article by Mary Bums from the NRPA newsletter. 4. He talked
about the Mountain View Voice article regarding Crittenden Marsh and NASA
Ames. He talked to the reporter, and the paper ran an opinion/editorial piece
Meeting 01-20 Page I I
prepared by the District. Meanwhile, the Navy announced that they are going to
drop the plan, go back to the beginning, and work with the District as a partner.
5. He had a notice of the Deer Hollow Farm event for October 7. 6. The San
Mateo County legislative breakfast will be held on October 13, beginning at 8:30
a.m. 7. The Santa Clara County Open Space Authority is doing a proposed
increase in assessment through mailed ballots. S. Schectman agreed this was
something the District should follow closely.
S. Jensen: 1. She said 40 people had said they would attend the Mt. Umunhurn
tour. 2. The October 13 date for San Mateo County's VIP tour has been
postponed until spring. 3. Kristi Webb, the Public Affairs Specialist, had written
the op ed piece for the Mountain View Voice.
I Maciel: 1. They have hired three new rangers and have one position left to fill.
2. He said there had been two temporary assignments: Stan Hooper is Acting
Resource Management Specialist, and Mike Bankosh is Acting Lead Open Space
Technician at the Skyline Field Office. K. Nitz asked about an item in the
monthly field activity report, and was informed that it was part of the ongoing
encroachment near the Wozniak property. 3. Staff is working with a sub-
department of the DEA. They are doing helicopter flights and found 8,000
marijuana plants, some in the District.
X. ADJOURNMENT
At 9:56 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary