Loading...
HomeMy Public PortalAbout20040623 - Minutes - Board of Directors (BOD) Regional Open Sp :e 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 a 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. i 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. g 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