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HomeMy Public PortalAbout20011024 - Minutes - Board of Directors (BOD) Regional Open icy MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 01-23 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS October 24, 2001 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:34 p.m. Members Present: Jed Cyr(arrived at 7:37 p.m.), Mary Davey, Nonette Hanko, Deane Little, Ken Nitz, and Pete Siemens. Members Absent: Larry Hassett. Staff Present: Craig Britton, Sue Schectman, John Escobar, Del Woods, John Maciel, David Sanguinetti, Sally Thielfoldt, Thomas Fischer, Sumudu Welaratna, Michael Williams, and Matt Freeman. H. ORAL COMMUNICATIONS—There were none. M. ADOPTION OF AGENDA C. Britton called the Boards attention to the new agenda that contained a Special g P Meeting. He added that the Board should consider adding proposed Agenda Item 6 as an emergency item. Motion: K. Nitz moved that the Board adopt the agenda. M. Davey seconded and h motion 5 0 t epassed to IV. ADOPTION OF CONSENT CALENDAR Following discussion of N. Hanko s questions, the third sentence of the fourth paragraph on page 3 of the September 26 minutes was changed to read, "He noted that the start of the proposed project . . .." The fourth sentence was changed to read, " . . . LAFCO approval to go forward with extending services." N. Hanko noted concerns about the draft response to a letter from Mr. W. Melvin Brown, M. D., P. O. Box 5447, San Mateo, discussed on pages 2 and 3 of the October 10 minutes. C. Britton said staff is still gathering information and will bring a new draft to the next meeting. 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 Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko,Larry Hassett, Kenneth C.Nitz General Manager:L.Craig Britton Meeting 01-23 Page 2 S. Schectman said perhaps the LFPAC committee could take up the matter of liability releases if there were continuing Board interest in the issue, Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the Special and Regular Meetings of September 12, September 26 as amended, and October 10, 200 1; draft response to a letter from Mr. Robert E. Jensen, P. O. Box 555, Pescadero; Agenda Item 3, Approval o Tax Allocation Settlement Agreement with Santa Clara County-, Authorize the President to Sign the attached Mutual Settlement Agreement and Mutual Release to Resolve Property Tax Allocation Issues; Agenda Item 4, Authorization to Contract with Precise Mailing, Inc. Mailing Services for the Remainder of Fiscal Year 2001-2002, with an Option to Extend the Contract for Fiscal Year 2002-2003, Authorize the General Manager t Enter into a Contract for Mailing Services with Precise Mailing, Inc. for the Remainder of Fiscal Year 2001-2002 for an Amount Not to Exceed $18,000, with the Option to Extend the Contract to Fiscal Year 2002-2003 Subject to Further Board Approval; Agenda Item 5, Annual Seasonal Trail Closures Information Report,Review and Comment on Proposed Trail Closures, No Formal Board Action is Required; and Revised Claims 01-20. M. Davey seconded the motion. The motion passed 6 to 0. Regarding Item 5, K. Nitz referred to item 6 on the table, stating that he did not know there was equestrian use at Pulgas Ridge to begin with. J. Escobar said he did not believe there was equestrian use, but the Board had never taken formal action to not allow it, and that this was an interim closure until the Use and Management Committee formalizes it. V. BOARD BUSINESS A. Agenda Item No. I —Proposed Addition of the McKannay Property to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, 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 Purchase of the McKannay Property-, Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the Mt. Umunhum Area of the Sierra Azul Open Space Preserve, Indicate your Intention to Withhold Dedication of the Property as Public Open Space at this Time—(Report R-01- D. Woods noted changes to the terms and conditions in the staff report. He described the property and showed its location on a map. A PowerPoint presentation showed views of the property. M. Williams outlined terms and conditions of the acquisition. He introduced Richard and Adrian McKannay, property owners. He showed on a map which parcels are owned by the McKannay family and which are owned by Santa Clara Meeting 01-23 Page 3 County and the District. He said there were 25 other owners of the other two acres in the Hacienda Park"paper" subdivision. Regarding the condition of the bridge, M. Williams said it is a flatcar and is in good shape. The bridge serves the driveway that goes into lease area. He said there were some other bridges that are part of this transaction. M. Williams said there might have been slide problems on the road in El Nifio years, but it has been used for access to lands the District owns. M. Williams said the lessees are responsible for road and driveway maintenance. There is a couple who act as caretakers. The owners can use the property for a vacation home or a full time residence and can have caretakers. S. Schectman clarified the terms of the lease regarding lessee damage to the property. M. Williams noted that maintenance items in relation to the lease area are the responsibility of the lessee. He said that after ten years, the decision could be made to continue the lease, use the property as an employee residence, rent it publicly, or remove the structures. D. Woods stated that the Water District reports indicated that their testing showed the sedimentation level was fine in the creek. I Cyr noted some corrections to the lease agreement, including misspelling of McKannay on the last page. C. Britton added that the County Parks Commission had approved transfer of lots in the Hacienda Park subdivision to the District. He reminded them that there were two aspects of the transaction that would come back to the Board; 1) if the McKannay family requests any financing; and 2) if there needs to be a lot line adjustment. He said he had gone on a fide along, and it is really a beautiful area. He said the gates are substantial and the bridges are in good shape. Regarding the fuel tanks, M. Williams talked about the testing. He said power is still provided by a generator. The above-ground diesel tank is in good condition. He said he did not believe the buildings were permitted, but they are assessed. There is a hazardous materials indemnity in the lease. Motion-, K. Nitz moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; adopt Resolution No. 01-26, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement-Bargain Sale, Authorizing Meeting 01-23 Page 4 Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve—Lands of McKannay); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Mt. Umunhurn Area of the Sierra Azul Open Space Preserve; and indicate their intention to withhold dedication of the property as public open space at this time. D. Little seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 2- Authorization to Solicit Bids for Roof Replacement and Paintiny, of the Red Barn, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) a Set Out in this Report, Authorize Staff to Solicit Bids for Roof Replacement and Painting of the Red Barn at 150 La Honda Road, La Honda, CA at the La Honda Creek Open Space Preserve—(Report R-0 1-119). S. Welaratna presented the staff report. Regarding notification of the neighbors, I Escobar said this project is considered routine maintenance so there is no provision for notification to the public. N. Hanko said she would like the report sent to PMAC (Pescadero Municipal Agricultural Council) for distribution to their Board, as there is lots of interest there. She talked about the newspapers in the area and asked that a copy of the report be sent to them as well. Board members discussed the color, noting that they did not want it to be the same color as at present. P. Siemens said it was important to choose a paint that will hold up. S. Welaratna said in addition to the Pallid Bat, there are two other species in the barn. She said the consultants would remove the guano and provide information on how to manage it in the future, perhaps by putting down tarps. She said if the top were lined, people could use the downstairs. I Escobar noted that if they applied for permits for public use, it would trigger more review, including earthquake safety. S. Welaratna said there is $63,000 in this year's budget for the project. D. Little expressed concern about the bats, stating he was afraid there might be a significant impact on them. He said he would have liked to know about the bats sooner and would like to know more about the consultant. Meeting 01-23 Page 5 S. Welaratna said staff was bringing this item to the Board at this time because they want to do the work while they think the bats are out of building. In the consultant's opinion, they are doing everything properly. D. Sanguinetti said staff has been working on the cupola and has tried to work in a manner to minimize stress. He said the bats do not seem to be bothered. Staff had not been close enough to see which species were in the building. C. Britton agreed that staff had done everything exactly right. He said there had been a lot of pressure from the Board and the public to save this barn. Staff had not acted in an arbitrary or capricious manner, nor had they acted quickly. He said the minute they found the species of concern, they stopped work and got consultant help. M. Freeman said the consultants are highly regarded and have done research with Pallid Bats before. The consultants employed an appropriate surveying technique. D. Little requested additional confirmation from the consultant regarding this particular population. He would like to see data that this kind of an intrusion does not result in mortality or migration from the site. He thought the bats were a more valuable resource than the barn. C. Britton said staff would obtain the information, and have the consultant come to the Board meeting when the project was proposed for approval. Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; and authorize staff to solicit bids for roof replacement and painting of the Red Barn at 150 La Honda Road, La Honda, CA 94062, in La Honda Creek Open Space Preserve. K. Nitz seconded the motion. Amendment: D. Little moved that staff ask the bat consultant to bring to the staff and to a public meeting as much information as possible regarding the Pallid Bat, whether this bat population tolerates banding and intrusion on their roost sites without undue mortality or migration away from the site. N. Hanko seconded the motion. Discussion: C. Britton said staff will bring the consultant in to address the issues raised, then the Board would have the information they need to make the decision as to whether or not to go forward with the project. He said the next step would be to come back after opening the bids and recommend a contractor to go forward with the project. Staff would bring back the consultant at that time. Meeting 01-23 Page 6 Vote on amendment: The motion passed 6 to 0. Vote on main motion: The motion passed 6 to 0. C. Agenda Item No. 6—Proposed Adoption of a Resolution Urging Stanford University to Offer, and Santa Clara County to Require, Dedication of Two Trail Alignments in Accordance With the Countywide Trails Master Plan—(Report R- 01-125 . M. Davey explained that this was brought as an emergency item because there is a public hearing on November I and the next Board meeting is not until November 14. An important factor in carrying out the Stanford Community Plan was that they should consult with the District. She said it was important that we show it is necessary to put a trail system in place at the best and optimum routes. Motion: N. Hanko moved that the Board determine that there is a need for the District to take immediate action and that the need to take action came to the attention of the District subsequent to the posting of the agenda for this meeting. K. Nitz seconded the motion. The motion passed 6 to 0. M. Davey said the trail system proposed by Stanford is not appropriate to what the county is asking Stanford to do. She said the Resolution is asking for Stanford to follow what the General Use Permit (GUP) and community plan has asked them to do. She talked about the two trails proposed by Stanford and possible alternatives that are safer, and are recreational paths. The county wants a permanent easement but Stanford is hesitant. She urged the Board to adopt the Resolution and send copies to the County and a consortium of groups who have been following the Stanford plan for the past two and one-half years, N. Hanko said she would support the Resolution if it were worded so as not to rule out the possibility of future trails. The goal is to eventually have a real regional system of trails that would use Stanford land as a connection. M. Davey clarified that while this talks about two trails, it does not preclude others. She said the county's plan specifically talks about a trail from the bay to the sea. C. Britton suggested putting in the cover letter that the Resolution the Board passed has to do with the two alignments required as part of the GUP, but the District is interested in other trails throughout its land that have not been recommended at this time, so that the District does not think that these are the only trails being looked at on Stanford land. He added that the District had followed this matter over the last couple of years, and even with community objections, Stanford has gotten 99% of what it wanted. He said the District's point is that the county master plan was developed through a process of public hearings and comes up with some good alignments. Maybe the alignments are Meeting 0 1-23 Page 7 not where Stanford would like them, but maybe it is time Stanford hears what the public is saying. Following discussion, the seventh paragraph was amended to read, Santa Clara County to require, trail dedications in conformance with the Santa Clara Countywide Trails Master Plan, as Stanford agreed to during the General Use Permit process." By consensus, Board members agreed to amend the wording of the Resolution to point out that what Stanford is proposing is a change to what they agreed to. Motion: N. Hanko moved that the Board adopt Resolution No. 0 1-28, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Urging Stanford University to Offer, and Santa Clara County to Require, Dedication of Two Trails Alignments in Accordance with the Countywide Trails Master Plan, as amended. K. Nitz seconded the motion. Discussion: D. Little commented that the beginning of the resolution might be misinterpreted as endorsing Stanford's proposal. C. Britton suggested adding the words, "as Stanford Agreed to During the General Use Permit Process" to the title of the Resolution. Board members concurred. Vote: The motion passed 6 to 0. At 9:25 p.m., the Board adjourned to a Special Meeting to discuss Special Meeting Agenda Item 1. The same Board members were present. VI. SPECIAL MEETING A. Agenda Item No. I - ApprgK41 of New Grant Deeds to San Jose Water Company for the MontaomeEy Highlands Association Replacement Water System Associated with the Acquisition of the Former Krone/Bishop Trust Property Addition to the El Sereno Open Space Preserve: Determine that no Further Environmental Documentation is Required Under the California Environmental Quality Act (CEOA)Based on the Findings as Set Out in This Report: Adopt the Attached Resolution Authorizing the Execution of Necessary Documents by the General Manager, President, or Other Appropriate Board Officer of the Board of Directors. Adjusting the Area of the San Jose Water Company's New Tank Site and Easements, But in no Event Greater than a Total of One (1) Acre in Size— (Report R-0 I-124) T. Fischer presented staffs recommendation. S. Schectman said that staff determined it was appropriate to come back to the Board with this special item since in December the Board President was Meeting 01-23 Page 8 authorized by the Board to execute a grant deed and easement deed for the water project. However, the staff report, although not the actual recommendation, did have the actual square footage of property to be deeded. Staff felt that since this decision involved granting San Jose Water Company title to fee and easement land, the Board would have wanted to have this information brought back to them. She said in the future where there is a similar situation, staff will make it clear that the Board President have flexibility in executing Grant Deeds in the event minor project area changes are needed due to changes in the final building plans. Motion: J. Cyr 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; and adopt Resolution No. 01-27, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution of Certificates of Acceptance for Quitclaims to District, to Execute Grant and Easement Deeds to Reconfigure the Water Tank and Easement Site, and Authorizing the President or Other Appropriate Board Officer and General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (El Sereno Open Space Preserve— San Jose Water Company). N. Hanko seconded the motion. The motion passed 6 to 0. VH. INFORMATIONAL REPORTS M. Davey: 1. She said she learned a lot at the Not-So-Annual conference in Marin County, and the District staff did a great job. 2. Copies of the presentation by Wm. McDonough shown at the Hidden Villa celebration are available at Hidden Villa. 3. She had received a letter from the Bay Area Ridge Trail asking the District to work with them to make sure we help fill in the gaps in the Ridge Trail in Santa Clara County. K. Nitz: 1. He also thought the Marin County meeting was great. 2. He noticed in the Skyline Newsletter that hantavirus had been found on Skyline. D. Sanguinetti said they have a number of precautions through OSHA regulations. They are following the situation very closely. P. Siemens talked about his recent trip. in h h whole Board attend the Not-So- J. Cyr said he appreciated C. Bretton suggesting that the o e e Annual Conference. D. Little: 1. He also enjoyed the conference. 2. He will be on vacation next week. C. Britton: 1. He had a news release from Terry Trumbull who is on the Bay Area Air Quality Management District Advisory Council stating they have some openings. 2. He has been given an opportunity to join POST in a group to look at stewardship on the coast Meeting 01-23 Page 9 in the long term. 3. There will be a District presentation on October 30 at the Ted Adcock Center in Half Moon Bay. 4. He attended the Bay Area Open Space Area Council Executive Committee meeting last week. Bill 1602 was approved ($2.6 billion parks bond) and will be on the March ballot. The Governor signed Byron Sher's bill, SB 497. The Governor vetoed AB 104,the $4 vehicle fee for clean water. 5. He talked about the legislative breakfast he attended last Saturday along with S. Jensen and J. Cyr, noting that it was always worthwhile to attend. 6. The Public Affairs staff made a presentation at the field offices on October 27. 7. He went on a ride-along with Jeff Smith to see the McKannay property. 8. He talked about precautions being taken in the handling of mail. P. Siemens said he would be in I Simitian's District when the redistricting takes place. C. Britton said the redrawing of District boundaries must be completed before the November 2002 election and will be in next year's work plan. J. Escobar: 1. He reminded the Use and Management Committee of a meeting tomorrow at 6:00 p.m. 2. The Ad hoc coastal committee would meet November I at 12 noon. 3. He had received a report from I Cahill that the Kabeenell work has stopped for the year. 4. He planned to work with the Foothill crew tomorrow removing eucalyptus at Pulgas Ridge. They are hiring the California Conservation Corp. to do some additional work there. I Maciel and D. Sanguinetti reported on two incidents, the Portola Fire (located at the Russian Ridge Open Space Preserve) and the rescue of the elderly couple whose car had run off the road. D. Sanguinetti commended the actions of staff in both cases. VIH. ADJOURNMENT At 10:24 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary