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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
Meeting 04-14
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
Wednesday, June 23, 2004
MINUTES
SPECIAL MEETING
L ROLL CALL
President, Mary Davey, called the meeting to order at 6:32 p.m.
Members Present: Jed Cyr, Mary Davey, Deane Little (arrived late),Nonette Hanko,
Larry Hassett, Ken Nitz and Pete Siemens (arrived late).
Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Cathy Woodbury,
Rudy Jurgensen
1I. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session to discuss Closed
Session Agenda Item No. 1, Existing Litigation.
The Board recessed to Closed Session at 6:32 p.m. and the Closed Session commenced at
6:32 p.m. The Board concluded the Closed Session at 7:30 p.m.
REGULAR MEETING
III. M. Davey called the Regular Meeting to order at 7:34 p.m. She announced that the
Board had discussed Closed Session Agenda Item No. 1 in Closed Session and that no
reportable actions had taken place.
Additional Staff Present: John Maciel, Ana Ruiz, Cindy Roessler, Matt Sagues, Mike
Williams, Del Woods, Amelia Yee
IV. INTRODUCTION
i
C. Woodbury introduced the Planning Department's newly hired Administrative
Assistant, Amelia Yee and Planning Technician, Matt Sagues.
33o piste)Circle 650-691-1200 info@Openspace.Org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6g1-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
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Meeting 04-14 Page 2
V. ORAL COMMUNICATIONS—There were none.
VI. ADOPTION OF AGENDA
Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded and
the motion passed 7 to 0.
VII. ADOPTION OF CONSENT CALENDAR
K. Nitz removed Agenda Item 6.
L. Hassett removed Written Communication: Response to Mr. Brawner's letter.
N. Hanko announced she would abstain on Agenda Item 6 and Claims No. 1126.
K. Nitz questioned Revised Claim No. 1018 (California JPIA, 2004-2005 General
Liability Environmental Liability Workers Compensation Deposit) regarding the amount
being higher than last year. S. Thielfoldt stated that the premium deposit is the same,
which includes the liability, worker's compensation and environmental policy. However,
this is the first year(and each year forward)that the organization will have what JPIA
calls a"retro deposit compensation"which is where they take MROSD's losses against
all of the other agencies' losses and assess us or credit us back. This year MROSD had a
large hit due to a worker's compensation claim which explains why it is higher. K. Nitz
questioned if Revised Claim No. 1056 (HRB Construction, Inc., Engineering Services—
Foothills Shop Building) was the final amount. C. Woodbury explained that this is not
the final payment for the shop building and added that it is actually not for engineering
services but for construction of the building, mostly the steel framing for the building. K.
Nitz questioned Revised Claim No. 1067 (Los Altos Garbage Co., Refuge Service) on
the high amount. S. Thielfoldt stated that this amount includes the refuse for Foothills as
well as the administration office. J. Maciel stated that it includes garbage, broken down
boxes, brush, etc. K.Nitz requested an update on Revised Claim No. 1081 (Page &
Turnbill, Construction Drawings and Services, Picchetti Ranch Winery building). C.
Woodbury stated that it is in the design stage for seismic improvements and will be
submitting the plans for building permits in approximately six weeks. K. Nitz questioned
Revised Claim No. 1092 (Ray Budzinski, Consulting Services for Big Dipper Ranch).
C. Woodbury explained that Ray Budzinski, Certified Rangeland Manager, is preparing
the grazing study for Big Dipper and several properties. K. Nitz questioned Revised
Claim No. 1096 (Romic Environmental Technologies, Hazardous Waste Removal
Service). J. Maciel explained that this amount represents the charge to dispose hazardous
waste periodically collected from both field offices.
N. Hanko requested a correction to the March 10, 2004 Minutes. N. Hanko was present,
not absent.
Meeting 04-14 Page 3
Motion: K. Nitz moved that the Board adopt the Consent Calendar, including
minutes of March 10, 2004 Special and Regular Meetings, as corrected,
and March 24, 2004 Special and Regular Meetings, Agenda Item 7,
Calling of District Elections in Wards 3, 4 and 7, and Requests for
Election Consolidation Services from Santa Clara and San Mateo
Counties; Adopt Resolution Calling an Election and Requesting Election
Consolidation Services— Santa Clara County, Wards 3 and 4; Adopt
Resolution Calling an Election and Requesting Election Consolidation
Services—San Mateo County, Ward 7; Reconfirm Section 2.12 of Your
Rules of Procedure Regarding a Maximum of 200 Words per Candidate
Statement and Payment of Candidates' Statements in Those Wards Where
Two or More Candidates Have Qualified to Appear on the Ballot; Adopt
Resolution Authorizing_Not Listing Any Unopposed Candidate for
Election on the November 2, 2004 Ballots of Santa Clara and San Mateo
Counties (Report. R-04-58); and Revised Claims 04-09. J. Cyr seconded
the motion. The motion passed 7 to 0.
VIII. BOARD BUSINESS
A. Written Communication: Response to Mr. Brawner's letter.
C. Britton stated at the table tonight was additional correspondence on this
subject, one letter from the Town of Portola Valley Planning Commission, one
letter from City Council Member, Richard Merck and an email received from
Marilyn Walter. This all has to do with the trail alignment through the sag pond
on Windy Hill which the Board approved previously on a 4 to 3 vote. He talked
with George Mader, Town Planner, who was hoping that a member of the Board
would put this on the agenda. They looked up the Board's Rules of Procedures,
which follows Robert's Rule of Order, which states that someone that voted in the
majority would have to put it on the agenda. The four members who could bring
it back on are K.Nitz, D. Little, J. Cyr and M. Davey.
Motion: J. Cyr moved that this matter be put on the agenda for the next Board
meeting scheduled on July 14, 2004. P. Siemens seconded the motion.
Discussion: D. Little inquired whether the Board voted to close the trail based on
ecological reasons. L. Hassett stated that there were other reasons given to
this Board, including trail density, ability to patrol--it was just not
ecological reasons for closing. M. Davey mentioned that Town Council
has raised the issue, which they did not raise before, that they have a right
under the Use Permit for Windy Hill to object to something that MSORD
wants to do.
ill
Vote: The motion passed 6 to 1, with Director Nitz voting No.
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Meeting 04-14 Page 4
B. Agenda Item No. 1 —Approval of Grant Agreement- California State Coastal
Conservancy's San Francisco Bay Area Conservancy Grant Program
for
Assistance with the Potential Addition of the Peninsula Open Space Trust's
Miramontes Ridge Property to Mills Creek Open Space Preserve (San Mateo
County Assessor's Parcel Numbers 056-440-010 060 070. 056-450-020; and
067-310-061); Determine Recommended Action is Not Considered a Project as
Set Forth in the California Environmental Quality Act, Adopt Resolution
Approving the Agreement for Grant Funds From San Francisco Bay Conservancy
Program for the Peninsula Open Space Trust's Miramontes Ridge Property
kO en Sp
ace Preserve (Report R-04-61 .
Potential Addition to Mills Creek p _p p
D. Woods presented the staff report and wanted to make it clear that the deadline
for entering funding into this fundin agreement is June 30, 2004. If the Board approves
will secure the funds until January 2006 at which point
funding agre
ement it 11
the fu g g �'
negotiations
ions must be completed an
d a purchas
e agreement
reement entered into with
POST. M. Williams discussed the terms of the grant agreement.
K. Nitz questioned if the Conservancy would have input into the use and
management plan.
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C. Woodbury explained that during a grant application process the grantor is
supplied with the use and management plan proposal and timeline. They aren't
necessarily part of the planning process,but they would receive the final plan and
assurance that there is public access.
P. Siemens questioned whether there was farming or ranching activity on that
property either now or before POST purchased the property.
D. Woods stated it is possible that in the late 1860's there was a dairy farm, but
nothing known since that time.
Motion: N. Hanko moved that the Board adopt the Resolution 04-18
Approving the Agreement for Grant Funds From San Francisco
Bay Conservancy Program for the Peninsula Open Space Trust's
Miramontes Ridge Property Potential Addition to Mills Creek
Open space Preserve. P. Siemens seconded the motion. The
motion passed 7 to 0.
B. Agenda Item No. 2 —Proposed Addition of an Undivided Ninety-five Percent
(95%) Interest in Santa Clara County Assessor's Parcel Number 562-21-006
(Costich Property) to Mt Umunhum Area of Sierra Azul Open Space Preserve;
Determine Recommended Actions are Categorically Exempt from California
Environmental Quality Act; Adopt Resolution Authorizing Purchase of a Ninety-
Five Percent (95%) Interest in the Costich Property; Tentatively Adopt
Preliminary Use and Management Plan Recommendations Including Naming the
Property as an Addition to the Mt Umunhum Area of Sierra Azul Open Space
Meeting 04-14 Page 5
I
Preserve; Indicate Your Intention to Withhold Dedication of the Property as
Public Open Space at This Time (Report R-04-49).
D. Woods presented the staff report and M. Williams provided details of the
transaction on behalf of T. Fischer.
L. Hassett questioned the possibility that the owner of the remaining 5% could
technically end up with an extremely valuable building site.
S. Schectman mentioned the only potential would be some time in the future the
minority owner could move to partition, but it is a small risk and the District has
been usually successful whenever these situations occ
urred.
M. Davey inquired as to how much acreage is 5% and to the possibility of it being
a"buildable" site.
M. Williams stated that the 5%equals approximately 8 acres and the zoning
requirements for the building are 20 to 160 acres based on slope density.
N. Hanko thanked the staff for bringing this opportunity to the Board because this
is the first connecting property between the District and Santa Clara County Open
Space Authority lands.
Motion: N. Hanko moved that the Board adopt Resolution 04-19 of the
Board of Directors of the Midpeninsula Regional Open Space
District authorizing acceptance of Purchase Agreement,
authorizing officer or the General Manager to execute Certificate
of Acceptance of Grant to District, and authorizing General
Manager to execute any and all other documents necessary or
appropriate to close the transaction (Sierra Azul Open Space
Preserve—Lands of Costich, et al. J. Cyr seconded the motion.
The motion passed 7 to 0.
C. Agenda Item No. 3—Proposed Acquisition of City and County of San Francisco
Property (Portion of San Mateo County Assessor's Parcel Number 093-150-020),
Acceptance of Revocable Permit for Public Trail to Pulgas Ridge Open Space
Preserve; Authorization to Solicit Bids for Demolition of the Former Hassler
Health Home Waste Treatment Facility and Construction of a Parking and
Staging Area at Pul ag_s Ridge Open Space Preserve; Determine Recommended
Actions are Categorically Exempt from California Environment Quality Act or
�- �-p Q v
Have Previously Been the Subiect of CE A Review and Determination; Adopt
Resolution Authorizing Acquisition of City and County of San Francisco
Property, and Authorizing General Manager to Execute the Revocable Permit for
a Public Trail Across the City and County of San Francisco Property; Indicate
Your Intention to Dedicate the Property as Public Open Space,• Authorize Staff to
Solicit Bids for the Demolition of the Former Hassler Health Home Waste
I
Meeting 04-14 Page 6
Treatment Facility and for Construction of a Parking and Staging Area—(Report
R-04-60).
M. Williams presented the staff report. C. Britton provided some background
information on how the staging area was on a public road. This acquisition is
important because it is the key to opening up Pulgas and having some parking and
staging. This has been a difficult acquisition and he thanked Mike for all his
work.
K. Nitz asked about the participation of the Use and Management Committee's
input on the construction design of the staging area.
C. Woodbury stated that the District met with the Use and Management
Committee on site and presented the public with the concept for the staging area.
The full Board approved the Use and Management Committee's amendment to
include the staging area, and, after approval of the design contract, staff is now
requesting authorization to bid. This is the final engineered layout for the
construction and the permits are presently pending with San Mateo County.
K. Nitz requested a copy of the layout design and C. Woodbury offered to go over
the layout with him and any one else interested.
K. Nitz questioned whether this design included the three new trails and when
will there be signage for the expansion of the off-leash dog area. C. Woodbury
stated that this is just a request for authorization to start the bid process for the
staging area. The trails will be constructed by District staff and the signage will
be included with the trail work pending approval of permits. The permits for the
staging area will be approved before the permits for new trails. Staff anticipates
the South Canyon trail work will start later this year, but most likely it will be
next spring to summer before the construction of those trails. The staging area
will begin late summer/early fall of this year.
The Board received comments from a member of the public and resident of
Redwood City, Chris Golde. Ms. Golde expressed concern over the timeline in
getting this project done. She is a frequent user of the off-leash area and is
grateful that the District provides this opportunity. She appreciates the discussion
tonight and would like to know if the new parking spaces would eliminate the
parking on the road. C. Britton commented that the road parking area is not
District land.
Motion: P. Siemens moved that the Board adopt Resolution 04-20 of the
Board of Directors of the Midpeninsula Regional Open Space
District authorizing execution of the Agreement for Sale of Real
Estate, authorizing officer or General Manager to execute
Certificate of Acceptance of Grant to District, authorizing General
Manager to enter into Revocable Permit and authorizing General
Meeting 04-14 Page 7
manager to execute any and all other documents necessary or
appropriate to closing of the transaction (Pulgas Ridge Open Space
Preserve— Lands of City and County of San Francisco). K. Nitz
seconded the motion. The motion passed 7 to 0.
D. Agenda Item No. 4—Authorization to Award a Contract With Watershed
Science for Construction of the Federal Emergency Management Agency
(FEMA) Funded Grabtown Gulch and Virginia Mill Trail Repair and Bridge
Projects at Purisima Creek Redwoods Open Space Preserve and El Corte de
Madera Creek Open Space Preserve; Authorize General Manager to Execute a
Contract with Watershed Science for the Bid Amount of$188,888.00 Plus a
Contingency Amount of up to $37,777.00 for.a Total Amount Not to Exceed
$226,665.00 for Construction of the FEMA funded Grabtown Gulch and Virginia
Mill Trail Repair and Bridge Projects at Purisima Creek Redwoods Open Space
Preserve and El Corte de Madera Creek Open Space Preserve —(Report R-04-
L2 1.
A. Ruiz presented the staff report and provided a map of the area. She noted the
correction to the Board report on page 2, paragraph 2 under the heading:
"FUNDING"the first grant amount from FEMA should read $29,685, instead of
$26,120.
Staff answered questions from the Board. L. Hassett commented on the
"summary of bids"portion of the report and commended staff on the benefits of
the percent difference from cost estimate information. He would like to see bids
presented this way in the future.
Motion: L. Hassett moved that the Board award a contract with Watershed
Science for construction of the FEMA-funded Grabtown Gulch
and Virginia Mill trail repair and the bridge projects at Purisima
Creek Redwoods Open Space Preserve and El Corte de Madera
Creek Open Space Preserve in the amount of$188,888.00, plus a
contingency amount of up to $37,777, for a total not to exceed
$226,665.00. K. Nitz seconded the motion. The motion passed 7
to 0.
C. Britton praised A. Ruiz's work on this project. She provided a concise bid
package and was able to secure the permits.
E. Agenda Item No. 5—Program Evaluation for the 2003-2004 Action Plan of the
Midpeninsula Regional Open Space District; Comment and Accept Staff s
Pro-gram Evaluation Report—(Report R-04-63
C. Britton presented the staff report and asked that department managers highlight
their progress reports and answer any questions from the Board.
Meeting 04-14 Page 8
Real Property Department—M. Williams
Acquisition, Funding and Negotiation
Property Management
Land Protection
P. Siemens asked for an update on the lease extension negotiations for Picchetti
Ranch. M. Williams stated that they recently heard back from the new tenant's
representative. In the meantime, Doug Vu (Planning Dept), is working on
planning the seismic upgrades.
Open Space Planning Department—C. Woodbury
Planning and Geographic Information
Public Access Improvements and Staff Facilities
K. Nitz asked about the Directors' participation with the Resource Management
Strategic Plan. C. Woodbury is hopeftil to schedule a workshop with the
Directors and the Resource Management expert some time in the late summer,
early fall, which will include the Site Assessment Checklist.
K. Nitz questioned the information on Sudden Oak Death. C. Roessler explained
that Planning is assisting on the mapping effort and District Rangers are trained in
how to spot it and several know how to sample for it. All data is submitted to a
clearinghouse run by the State of California. There are more sightings now than
in previous years. Cooperation with the State continues.
M. Davey thanked C. Woodbury on the remarkable achievements of the Planning
Department with the fact that LAFCo was staged front and center for most of the
year.
Operations Department—J. Maciel
Field Operations
Resource Management
The feral pig activity has diminished considerably this year. C. Roessler had met
with regional and county parks that have also seen a reduction. C. Roessler
answered questions regarding grassland management.
C. Britton expressed his support of the Resource Management team efforts
throughout the year.
Public Affairs Department—R. Jurgensen
General Public Information and Outreach
Legislative, Funding and Organizational Relations
R. Jurgensen presented the department's report and was asked about the status of
the District's good neighbor policy.
C. Britton stated that certification of completion of the annexation requires a good
neighbor policy update and brochure.
Meeting 04-14 Page 9
N. Hanko spoke on behalf of the Legislative, Finance and Public Affairs
Committee and has agreed to interview critics of the District's current good
neighbor policy.
Administration Department—S. Thielfoldt
Administration
Human Resources
Legal Services
General Counsel is now 80%time. S. Schectman mentioned that J. Maciel and G.
Bailie came up with a very creative idea on how to use outside counsel for
assistance in updating the Operations Manual. For example, the City of Palo Alto
contracts out their Deputy City Attorney because of his expertise with police and
law enforcement procedures. It was very cost effective use of outside counsel.
F. Agenda Item 6, Approval of Communications Site Lease and Agreement with
MetroPCS for the Land Lease at Pulgas Ridge Open Space Preserve,• Adopt
Resolution Authorizing Approval of Communications Site Lease and Agreement
at Pulgas Ridge Open Space Preserve with MetroPCS California/Florida Inc.,
Delaware corporation doing business as MetroPCS (Report R-04-59)
M. Williams presented the staff report and answered questions regarding hydro-
seeding the future site of the transformer and box. The building permit will not be
signed off until a satisfactory program has been adopted. The District has a plan
to turn over and soften up the soil, re-hydro seed and follow-up inspection. This
is all part of MetroPCS' requirement to secure the building permit and they are
responsible for the work.
Motion: K Nitz moved that the Board adopt the Resolution authorizing
approval of the Communications Site Lease and Agreement with
MetroPCS for the Land Lease at Pulgas Ridge Open Space
District. J. Cyr seconded the motion. The motion passed 6 to 0.
N. Hanko abstained.
IX. INFORMATIONAL REPORTS
J. Cyr: 1. He hiked Cold Creek on June 4h. It was a nice hike, beautiful preserve and he
was concerned with the bicycles routes, and gave information to J. Maciel. 2. He
attended the Special Park Districts Forum in Illinois. The host this year was Du Page
County Forest Preserve District. He was impressed with the district's substantial amount
of restoration.
L. Hassett: He also attended the Special Park Districts Forum. He was impressed with
the restoration projects and mentioned that the recovery times were phenomenal. The Du
Meeting 04-14 Page 10
Page District was fortunate to have the ability to do controlled bums regularly and saw
how dramatically the native plants re-established themselves.
N. Hanko: 1. She took Larry's spot on the Peninsula Gateway Corridor Study Advisory
Committee meeting dealing with transportation problems with the Dumbarton Bridge and
was happy to see so many environmentalists on the committee. 2. The Palo Alto City
Council passed a resolution renaming the Arastradero Preserve as the Enid Pearson-
Arastradero Preserve. 3. Two Palo Alto City Council members met with Nonette, Del
and Craig to discuss the possible connection between Arastadero Preserve through
Foothill Park and up through the District's Los Trancos Preserve.
K. Nitz: He reminded Board that Board-appointees' reviews are due.
D. Little: He would like the Board to receive Professor LoaRue's letter and CV at the
next meeting. The Professor is an expert on erosion and he had a chance to look at
Russian Ridge Preserve.
M. Davey: 1. She thanked everyone for their support, flowers and good wishes.
C. Britton: 1. The Special Park Districts Forum was very interesting and Du Page has
$42 million annual tax income. 2. He followed-up on the meeting with Palo Alto City
Council and stated this project is an opportunity for a three-way agreement with the Santa
Clara County and City of Palo Alto. 3. He has not heard anything new regarding the
State's budget. He has confirmed that the District has reported their debt service in the
hopes it will be exempt from any revenue reduction. 4. He has had several discussions
with Santa Clara County Authority, Santa Clara County Parks and POST regarding land
trust support for the Authority although the District's sphere of influence would not be
involved with any of their projects.
S. Thielfoldt: She stated there are three candidates up for re-election and that the
nomination period is open from July 12, 2004 until August 6, 2004. Nomination/
candidate packets will be available at the District office on July 12, 2004.
J. Maciel: He reported on the two fatalities on District Preserves this past week. One
incident occurred at Windmill Pasture and the other incident occurred at Russian Ridge
Preserve. Both persons were experienced hikers and M. Davey passed on a compliment
she received on how competently staff responded to the Windmill Pasture incident.
XI. ADJOURNMENT
At 10:37 p.m., the Regular meeting was adjourned.
Margaret Reimche
Recording Secretary