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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 02-22
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
November 13, 2002
MINUTES
SPECIAL MEETING
L ROLL CALL
President Deane Little called the meeting to order at 6:06 p.m.
Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett,Ken Nitz,
Pete Siemens, and Deane Little.
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman, Del Woods,Mike Williams, Tom
Fischer, John Maciel, and John Escobar.
H. CLOSED SESSION
D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session
Agenda Items 1, 2, and 3.
The Board recessed to Closed Session at 6:07 p.m. and the Closed Session commenced at
6:07 p.m. The Board concluded the Closed Session at 7:30 p.m.
REGULAR MEETING
III. D. Little called the Regular Meeting to order at 7:35 p.m. He announced that the Board
had discussed Closed Session Agenda Items 1, 2, and 3 in Closed Session and that no
reportable actions had taken place.
Additional Staff Present: Sandy Sommer, Sally Thielfoldt, Lisa Zadek, Ana Ruiz,
Cathy Woodbury, and John Dickey.
IV. ORAL COMMUNICATIONS
Paul Nam, new president of ROMP, introduced himself to the Board.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200
Fax: 650-691-0485 • E-mail: rnrosd@openspace.org • Web site: www.openspace.org
Board of Directors: Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nanette Hanko, Larry Hassett,Kenneth C. Nitz • General Manager:L.Craig Britton
Meeting 02-22 Page 2
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded and the
motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
K. Nitz removed claims and Agenda Item 7,Authorization to Purchase One Tractor•
Direct the General Manager to Execute a Purchase Contract with the State Department of
General Services and Peterson Tractor for One Mini-Excavator at a Total Cost Not to
Exceed $40,000.
Staff answered questions regarding Claim#4692 (removal of storage tanks at former
McKannay property); 4705 (install body separate); 4752 (La Honda Reservoir, hazardous
material removal); 4756 (hay bales); 4766 (pig management; acorns are dropping, expect
an increase of pigs); 4777 (software), and 4714.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the
minutes of the Special and Regular Meetings of September 25, 2002,
October 9, 2002, and October 23, 2002; and Agenda Item 9,
Midpeninsula Regional Open Space District v. Wozniak: (Encroachment
at Bear Creek Redwoods Open Space Preserve): Authorize the General
Manager to Approve Litigation Expenses Pursuant to the Retainer
Agreement with the Law Firm of Miller, Staff&Regalia in an Additional
Amount Not to Exceed $20.00 ; and Revised Claims 02-18. K. Nitz
seconded the motion. The motion passed 7 to 0 (N. Hanko and K. Nitz
abstained on Claim#4776).
VII. BOARD BUSINESS
C. Britton reported on Agenda items 1, 2, and 3. The resolutions honored Joe Simitian as
"Legislator of the Year," Byron Sher with a lifetime commendation for 22 years of work
with the District, and POST on its 25"" anniversary.
A. Agenda Item No. I —Consideration to Adopt a Resolution Commending the
Honorable Joe Simitian for his Extraordinary Environmental Efforts and
Achievements,Especially on Behalf of Midpeninsula Regional Open Space
District—(Report R-02-125).
Motion: M. Davey moved that the Board adopt Resolution No. 02-37,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Commending the Honorable Joe Simitian.
P. Siemens seconded the motion. The motion passed 7 to 0.
B. Agenda Item No. 2- Consideration to Adopt a Resolution Commending the
Honorable Byron Sher for his ExtraordinaU Environmental Efforts and
Meeting 02-22 Page 3
Achievements, Especially on Behalf of the Midpeninsula Regional Open Space
District—(Report R-02-122).
Motion: N. Hanko moved that the Board adopt Resolution No. 02-38,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Honoring and Commending State Senator
Byron Sher. J. Cyr seconded the motion. The motion passed 7 to
0.
C. Agenda Item No. 3—Consideration to Adopt a Resolution Honoring and
Commending Peninsula Open Space Trust Upon the Occasion of its 25th
Anniversary-(Report(Report R-02-I
Motion: D. Little moved that the Board adopt Resolution No. 02-39,
Resolution of the Board of Directors of the Midpeninsula.Regional
Open Space District Honoring and Commending Peninsula Open
Space Trust on the Occasion of its 25th Anniversary. L. Hassett
seconded the motion. The motion passed 7 to 0.
D. Agenda Item No. 4-Proposed Acquisition of Remaining Interest in the Big
Dipper Ranch Property as an Addition to Skyline Ridge Open Space Preserve and
Exchanize of Remaining Interest in a 16-Acre Portion of Ranch Property t
Existing Partial Interest Holder: Adopt the Attached Resolution Authorizing
Purchase of 45.78%Fee Interest in a 751.9-Acre Portion of Big Dipper Ranch
Property From Celia Cummings and Exchange of 54.22%Fee Interest in the
Remaining 16-Acre Portion of the Property to Celia Cummings: Tentatively
Adopt the Preliminary Use and Management Plan Recommendations Contained
in this Report: Indicate Your Intention to Dedicate the Property as Public Open
Space—(Report R-02-127).
D. Woods presented the report including a PowerPoint presentation. He said the
property connects with Old Page Mill Road. The majority of the buildings are on
the 16-acre retained home site. He said the grassland has reestablished after some
overgrazing in the past. Regarding grazing, staff has interviewed consultants and
are looking at protection of creek areas and other sensitive habitat. C. Roessler is
already looking at the issue of invasive versus native species if grazing just stops.
J. Cyr commented that an article in the Committee for Green Foothills newsletter
said grazing helps native grasses.
D. Woods said Old Page Mill Road goes through the steep area with a large
landslide. He showed a potential realignment and said the trail may not be a
patrol road, but more research will occur. He showed a detailed site map of the
16-acre holding.
D. Woods said staff is looking into the possibility that some of the structures,
including an old barn, might be of historic value. S. Schectman informed the
i
Meeting 02-22 Page 4
Board that the law regarding historic structures does not require owners to keep
g g q p
up the appearance of the buildings.
D. Woods pointed out a possible route the public could use to get to the creek
area. He said the trail goes through private land. The report showed the
possibility of a future trail system, but it needs to be in the master plan.
D. Woods showed pictures and slides of the subject property.
C. Britton reviewed the terms of purchase of the property. He said the purchase
fits into the District program of not buying residences.
Motion: N. Hanko moved that the Board adopt Resolution No. 02-40,
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of Purchase
Agreement, Authorizing Officer to Execute Certificates of
Acceptance of Grant Deed, Quitclaim Deed to District, Execute
Grant Deed, Quitclaim Deed and Grant of Right of First Offer and
Right of First Refusal, and Authorizing General Manager to
Execute Any and All Other Documents Necessary of Appropriate
to Closing of the Transaction(Skyline Ridge Open Space Preserve
—Lands of Cummings). M. Davey seconded the motion.
Discussion: There was a written comment from ROMP stating their support for
the acquisition.
K. Nitz said he preferred that there be no in-holdings.
Vote: The motion passed 7 to 0.
E. Agenda Item No. 5- Approval of Residential Lease Agreement for the Historic
Fremont Older Residence with Mort and Elaine Levine at Fremont Older Open
Space Preserve Determine that the Recommended Actions are Cate og rically
Exempt from the California Environmental Quality Act CEQA) As Set Forth in
This Resort; Authorize the President of the Board of Directors to Execute the
Residential Lease Agreement with Mort and Elaine Levine— (Report R-02-121).
M. Williams presented the staff report and acknowledged the work of J. Dickey
and D. Simmons. C. Britton added that this was the second historical lease that
had worked out well. Tours of the property are very popular and the Levines are
nice people to work with. He said that although the Levines have spent a lot of
money, the District had to charge fair market rent or it would be considered a gift
of public funds. The Levines have done more than required.
K. Nitz had concerns with the fairness of charging the Levines increased rent
when they have done so much to increase and maintain the value of the property.
Meeting 02-22 Page 5
N. Hanko noted that she had initially voted to demolish the structure, but this had
been a labor of love for the Levines as they had respect for Cora and Fremont
Older. She said she thought the rent was reasonable and she was very
appreciative of the Levines' efforts.
Motion: M. Davey moved that the Board determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set forth in the staff report;
and authorize the President of the Board of Directors to execute the
Residential Lease Agreement with Mort and Elaine Levine.
P. Siemens seconded the motion.
Discussion: I Cyr said he had run the numbers, and some of the dollars are
donated hours. He commended the Levines. N. Hanko suggested
a resolution to honor the Levines. K. Nitz recommended that the
Board vote no and have the staff re-negotiate.
Vote: The motion passed 6 to I with Director Nitz voting no.
F. Agenda Item No. 6- Approve the Mitigated Negative Declaration and Mitigatio
Monitoring Program in Accordance with the California Environmental Quality
Act (CEQA). and Adopt the CEQA and De Minimis Findings as Set Out in this
Report—(Report R-02-124).
Ana Ruiz presented staff s recommendations and noted that staff had not received
any public comments on the item. She said that though FEMA money would not
cover all the repair, money would be budgeted in next year's budget. She said the
amount needed to finalize the construction would be ready by budget time.
I Escobar said this is the Old Page Mill Trail Road Route and staff will need to
build a bridge across Lambert Creek before they can go on with Old Page Mill
Trail.
C. Britton said this is an historic road that goes both directions. He said staff
would be looking for grant funding for the bridge. This item is just for the repair
of the slide.
I Escobar said the creek crossing is closed.
N. Hanko asked if the trail would continue to the Big Dipper Ranch. I Escobar
clarified that this is the Old Page Mill Road and ninety percent(901/o)of the road
is there except for the creek crossing and the washout.
K. Nitz asked for clarification of the trail connection. C. Britton said he thought
the road from the Bullis property was impassible but staff had identified that it
might be a way to get from Russian Ridge Open Space Preserve to Old Page Mill
Meeting 02-22 Page 6
Road. It is not a well-made road and there have been a lot of landslides on it. A.
Ruiz said that staff is still debating whether to make it a patrol road.
Motion: N. Hanko moved that the Board approve the Mitigated Negative
Declaration and Mitigation Monitoring Program in accordance
with the California Environmental Quality Act (CEQA), and adopt
the CEQA and De Minimis Findings as set out in the staff report.
M. Davey seconded the motion.
Discussion: C. Britton read a comment from ROMP that stated that the Old
Page Mill Road needed repair, and upon repair the historic roadbed
must continue to be designated as a multi-use trail.
Board members complimented staff on the presentation.
K. Nitz commented on the colors used on the map and suggested
that they could be standardized to avoid future confusion.
Vote: The motion passed 7 to 0.
G. Agenda Item No. 7- Authorization to Purchase One Tractor,• Direct the General
Manager to Execute a Purchase Contract with the State Department of General
Services and Peterson Tractor for One Mini-Excavator at a Total Cost Not to
Exceed $40,000—(Report R-02-119).
K. Nitz asked what the difference was between a mini-excavator and a tractor and
asked how many the District has.
I Maciel said the District has none and explained what a mini-excavator is, what
it does, and how it is being used. He talked about safety features and said it
would replace a trail machine and is much safer.
Motion: K. Nitz moved that the Board direct the General Manager to
execute a purchase contract with the State Department of General
Services and Peterson Tractor for one mini-excavator at a total cost
not to exceed $40,000. N. Hanko seconded the motion.
Discussion: I Maciel told the Board how the machine would be transported.
P. Siemens said he was glad to see them getting equipment that
would save labor. C. Britton suggested that perhaps they could
have an open house to show the equipment to the public and the
Board.
Vote: The motion passed 7 to 0.
Meeting 02-22 Page 7
H. Agenda Item No. 8- Authorize an Increase in the Amount of$16,000 for the
Contract with Kevin Emery Building for the Structural Repairs to the Former
"Sherrill/Grainger" Residence at Monte Bello Open Space Preserve for a Total
Contract Amount Not to Exceed $36,251.50, Appropriate $16,000 in Funds from
the New Land Purchases Budget Account, Determine that the Recommended
Actions are Categorically Exempt from the California Environmental Quality Act
(CEQA) as set out in this Report, Waive Solicitation of Further Bids and Approve
the Performance of Emergency Structural Repairs Described in this Report b
Kevin Emery Builders Due to the Existence of an Imminent Threat to Persons and
Property—(Report R-02-128).
Motion- N. Hanko moved that the Board determine that the recommended
actions are categorically exempt from the California
Environmental Quality Act as set forth in the staff report; authorize
and increase in the contract with Kevin Emery Builder for the
structural repairs to the former"Sherrill/Grainger" residence at
Monte Bello Open Space Preserve in the amount of$16,000 for a
total contract not to exceed $36,251.50; appropriate $16,000 in
funds from the New Land Purchases Budget Account; and waive
solicitation of further bids and approve the performance of
emergency structural repairs described in the report by Kevin
Emery Builders due to the existence of an imminent threat to
persons and property. P. Siemens seconded the motion.
Discussion: M. Williams said the property management tenants live on the
property. He said the property had been secured by the contractor
and he had done some repairs included in the original contract.
Staff is negotiating an accommodation in the rent because of the
inconvenience to the tenants.
Vote: The motion passed 7 to 0.
VII. INFORMATIONAL REPORTS
M. Davey: 1. She said C. Britton, with the support of Byron Sher, the Mountain Lion
Foundation, and Committee for Green Foothills, had pulled off a money miracle. 2. She
appeared before the Santa Clara County Planning Commission to ask for an extension of
time to read the proposed hillside and zoning ordinance for the Stanford land west and
south of Junipero Serra. She said an extension had been granted for one month. 3. Rain
had caused cancellation of a planned walk with a docent along the Ridge Trail.
J. Escobar said about 220 people had replied to the invitation to the 30'h anniversary
celebration, and C. Britton said they thought there would be about 250.
K. Nitz hiked at Windy Hill and had a picture showing a large limb that barely missed the
Betsy Crowder Bench.
Meeting 02-22 Page 8
N. Hanko asked when the January Board meetings would be held. C. Britton explained
why he had previously asked for date changes. Following discussion, it was decided to
re-agendize the matter for the December 11 Regular Board meeting.
J. Cyr: 1. He was pleased to see that the prescribed burn on Skyline took place. 2. He
had read that Patti Ciesla had been a docent scheduled to lead a bicycle hike. Staff
informed him that it had been canceled because of bad weather. 3. He had a photo of C.
Britton that he would give him at a later time. 4. A friend of his from Canada sent him a
website address in which he thought staff would be interested. It showed pictures of the
California coast.
L. Hassett: 1. He announced that he had been re-elected to the Board. 2. He said his
rain gauge showed 9-1/2 inches of rain in the recent storm. He lost power for nearly
three days. 3. He talked about the harvesting of the chestnut orchard on District land.
He expressed concern about the District's liability. 4. He talked about the FYI regarding
Sierra Singles and the work they had done for the District. He thought they should be
recognized.
D. Little: 1. He talked about having missed an event because of not receiving the
invitation in time. 2. He met C. Sparks-Hart and K. Carlson at Rancho San Antonio and
looked at the lower meadow where they will be doing some control efforts on star thistle.
He had suggestions for staff regarding the mowing of the thistle. 3. He was leaving the
ranger station today and saw a bobcat crossing the road. He said the cat was very
comfortable with human presence.
J. Cyr said he attended the October 28 event for Joe Simitian. He said he appreciated
Simitian's acknowledgment of himself and others regarding the importance of open
space.
C. Britton: 1. He talked about the Coastal Conservancy meeting in Napa and said they
approved a $2,050,000 grant toward the purchase of the Miramontes Ridge Property from
POST, and POST will match that with a gift of equal value. 2. D. Woods and he went to
the Land Trust National Rally in Austin, Texas. He said Austin has the largest urban bat
population in the world. He cited some facts about the Mexican Freetail bats. 3. It had
been announced that Stanford was not going ahead with their building plans. 4. The
FYIs included an item on the Sierra Azul burn. There was also a memo regarding the
Russian Ridge prescribed burn. 5. The FYIs included election results in San Mateo
County. 6. He will be on a forum at the November 17 League of Women Voters event in
Los Altos Hills. 7. The clippings contained an item about POST buying the Bressler
property, and they will be working to get Palo Alto to buy it. 8. The FYIs had an item
about the Kabcenells' drip system and the gophers that are damaging it.
S. Schectman: 1. The Supreme Court declined to grant review and de-publish the
Sonoma County case. There might be some legislative solutions to address the issue. 2.
She had given Board Members a memo concerning appropriate reimbursement of
Director's costs. 3. Santa Clara County Open Space Authority is involved in litigation
Meeting 02-22 Page 9
challenging their benefit assessment district for open space. The Santa Monica
Recreation and Conservation District has an identical challenge.
J. Escobar: 1. He was invited by the California Parks and Recreation Society to meet
with and speak to 19 parks and recreation representatives from the People's Republic of
China last week. He talked about the experience and said it was very interesting.
S. Thielfoldt thanked L. Zadek for filling in as Recording Secretary.
J. Maciel: 1. Frances Reneau is graduating from the academy tomorrow. 2. Staff has
been busy assisting in storm recovery efforts. 3. Staff has been working on joint
restoration projects at Bear Creek and adjacent to the Wozniak property. 4. He talked
about the Russian Ridge prescribed burn and a lightning-strike fire at the former Thysen
property.
IX. ADJOURNMENT
At 10:05 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
I