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HomeMy Public PortalAbout20040714 - Minutes - Board of Directors (BOD) Regional Open Sr, :e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Meeting 04-15 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS Wednesday,July 14,2004 MINUTES SPECIAL MEETING I. ROLL CALL President, Mary Davey, called the meeting to order at 6:05 p.m. Members Present: Jed Cyr, Mary Davey, Deane Little (arrived at 6:15 p.m.),Nonette Hanko, Larry Hassett (arrived at 6:17 p.m.), Ken Nitz and Pete Siemens Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Cathy Woodbury, Rudy Jurgensen, Duncan Simmons, Torn Fischer, Mike Williams IL CLOSED SESSION M. Davey 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 6:06 p.m. and the Closed Session commenced at 6:06 p.m. The Board concluded the Closed Session at 7:25 p.m. REGULAR MEETING III. M. Davey called the Regular Meeting to order at 7:35 p.m. She announced that the Board had discussed Closed Session Agenda Items 1, 2 and 3 and reported that the following reportable action had taken place in Closed Session: The Board discussed Closed Session Agenda Item 3 and gave legal counsel approval to initiate litigation against another party. The litigation, the parties, and other information will be disclosed to any person upon request once litigation is formally commenced, unless this will jeopardize the District's ability to serve process on any party. The vote was 7-0. Additional Staff Present: Gordon Baillie, Michelle Jesperson, Michael Newburn and Del Woods PLEDGE OF ALLEGIANCE—Led by Girl Scout Troop 2359 (Belmont, CA) 33o Distel Circle 650-69i-12oo info@,openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C Nitz L.Craig Britton Meeting 04-15 Page 2 IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR K.Nitz removed Agenda Item 6 and Claims. K. Nitz would like further clarification on Revised Claim No. 1176 (First Bankcard) specifically the $2,170.72 charge for Field Equipment, Supplies and Uniform Expense. S. Thielfoldt will provide details. K.Nitz questioned Revised Claim No. 1209 (Ray Budzinski, Consulting Services for Big Dipper Ranch). C. Woodbury assured the Board they would receive the final report, but not until next spring. N. Hanko announced she would abstain on Revised Claims No. 1228. Motion: K. Nitz moved that the Board adopt the Consent Calendar and Revised Claims 04-10. L. Hassett seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 —Reconsideration of the Board-Approved Use and Management Plan Amendment to Close and Realign Lower Spring Ridge at Windy Hill Open Space Preserve• Reaffirm an Amendment to Use and management Planfor Windy Hill Open Space Preserve that Includes Closing and Realigning a Section of Lower Spring Ridge Trail (Report R-04-66). C. Britton stated that two letters were received after the mailing of Board reports and have become part of the Board's information. A. Ruiz presented the staff report and answered questions from the Board regarding environmental impact and the new trail alignment. S. Schectman clarified that if the Board determines to take an action other than reaffirming the prior action, the Board cannot make a final decision on this tonight. The Board cannot make a final decision because it adopted a mitigated negative declaration under CEQA approving the prior project. Should the Board determine that it wishes to reconsider its prior decision, the appropriate alternative action would be to refer this matter back to staff. Staff would then return to the Board with the it Meeting 04-15 Page 3 appropriate analysis and CEQA documents for consideration prior to making a final decision. L. Hassett provided extensive comments regarding the staff report and the Board's previous 4 to 3 decisio n n to close the section of the trail. This trail is within his Ward and he represents the Town of Portola Valley. His request is to retain a short segment now a road as a small footpath. of the trail (that is ) p The following people submitted speaker cards and chose to speak: NAME SUMMARY COMMENTS/CONCERNS Alan Carpenter He would like the District to keep the footpath access. Tracy Schilling She is a resident of the Sequoias and enjoys using the trails. Dorothy Kennedy She has lived in Portola Valley over 50 years and appreciates Larry's representation. She would like to keep the trail as is. Marilyn Walters She does not want the proposed change regarding the alignment. Lynne Davis She is current Chair of Portola Valley Trails and Paths Committee. She spoke on behalf of Portola Valley Town Council Member, R. Merk, who would like to continue the good relationship with the District. She would prefer the District retain the segment of the trail as a single-track trail. Mary Hufty She proposed a trail connecting to the Betsy Crowder Trail that would allow a level section of the trail. Craig Breon He is Chair of the Planning Commission for Portola Valley. He believes this is a manageable issue if the vehicle access is moved to a pedestrian trail. Jeanette Hanser She is a 27-year resident of Portola Valley and feels it is necessary for seniors to have a level route to follow. She would like the District to retain the trail as a single track foot path. Dorothea Nell She does not want the trail to change. C. Britton commented on how the professional staff made the best recommendation that could be made based on the policies the Board set forth. When this was approved,the most controversial issue was the trail through the sag pond and, in fact, I Meeting 04-15 Page 4 everything went through unanimously, except the realignment, which went through on a 4 to 3 vote. Under Robert's Rules, one of the four who voted in favor agreed that it would come back to the Board. The process worked exactly the way it was designed to work. Board members discussed this issue in more detail. Motion: P. Siemens moved that the Board refer one matter back to staff with the intention of retaining the section of Lower Spring Ridge Trail as a footpath, provide a necessary environmental review and consider an additional connecting loop (Betsy Crowder trail and Meadows trail) to the site. Discussion: J. Cyr and M. Davey presented their concerns to the Board. Further Motion: N. Nitz amended the motion to add that the Board also refer this back to the Use and Management Plan Committee for its review. L. Hassett seconded the motion. III Vote: The motion passed 7 to 0. Further Motion: N. Hanko moved that the Board refer to the Legislative, Finance and Public Affairs Committee for renaming the trail as a historic trail. L. Hassett seconded the motion. Vote: The motion passed 7 to 0. C. Britton requested that Agenda Item No. 4 be moved up next to accommodate guests in the audience. The Board concurred. B. Agenda Item No. 4—Presentation of the Proposed Creative Design for the District's Web Site by Yellowduckdesign Inc. (Report R-04-69). M. Jesperson introduced Amanda Gross, Project Lead Consultant for Yellowduckdesign, Inc. She introduced her technical staff and provided a visual presentation of the content organization and structure. She answered questions and addressed concerns from the Board. S. Thielfoldt reminded the Board that the District wants to have staff maintain this web site with limited training and not have to pay consultants every time there is a change and/or update. No action was requested or taken on this item. C. Agenda Item No. 2 —Proposed Addition of Ball Property to Coal Creek Open Space Preserve (San Mateo County Assessor's Parcel Number 080-221-030); Determine Meeting 04-15 Page 5 that Recommended Actions are Categorically Exemptfrom CEQA; Adopt Resolution Authorizing Purchase of Ball Property; Tentatively Adopt Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to the Coal Creek Open Space Preserve,• Indicate Your Intention to Dedicate the Property as Public Open Space at This Time (Report R-04-67). D. Woods presented the staff report and provided a slide show of the property. He answered questions from the Board regarding the environmental value of the property. He stated that the Alpine Trail experience would dramatically change if the property was developed. Hikers use this trail to enter other preserves, Monte Bello, Skyline, Russian Ridge and Coal Creek, etc. C. Britton stated that if this parcel went into private hands for development, it would create not only a visual problem, but also a potential harassment situation. There will be vehicles using the driveway and the owner would not be happy with the trail and potential conflicts with trail users. The fact that the trail is established, does not make it legal. M. Williams provided details of the transaction and answered questions from the Board regarding the amount of purchase. Motion: J. Cyr moved that the Board adopt Resolution 04-25 of the Board of Directors of the Midpeninsula Regional Open Space District authorizing acceptance of Purchase Agreement, authorizing the appropriate 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 (Coal Creek Open Space Preserve — Lands of Ball, et al). P. Siemens seconded the motion. Discussion: K. Nitz stated his concern over the purchase price. D. Little questioned putting off the deal for some time to negotiate a better price considering the landslide problems and the absence of a view. M. Williams explained the fairly-level ridge that runs along the road, where a residence could be developed. The trail connection area is heavily used and there is no vehicle traffic. The District would be rounding out a preserve (there is not much left that isn't developed). If the District doesn't do something, it will someday be developed. Vote: The motion passed 6 to 1, with Director Nitz voting No. D. Agenda Item No. 3—Authorization to Conduct a Controlled Burn at Russian Ridge Open Space Preserve—(Report R-04-64). G. Baillie presented the staff report and C. Britton answered questions regarding grazing at Russian Ridge. Meeting 04-15 Page 6 Motion: K. Nitz moved that the Board authorize the General Manager to prepare for and conduct a controlled bum at Russian Ridge Open Space Preserve. J. Cyr seconded the motion. The motion passed 6 to 0. Director Hanko abstained. E. Agenda Item No. 5—Acceptance ofTrail Easements and an Emergency Access Easement over McCarthy Property as an Addition to St. Joseph's Hill Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 537-05-014 and 537-05- 0 15) and Acceptance of Quit Claim for a Roadway and Parking Lot Easement Right on St. Joseph's Hill Open Space Preserve; Determine the Recommended Actions are Categorically Exempt from CEQA; Adopt Resolution Authorizing Acceptance of Trail Easements and an Emergency Access Easement over the McCarthy Property as an Addition to the St. Joseph's Hill Open Space Preserve and Acceptance of Roadway and Parking Lot Easement on St. Joseph's Hill Open Space Preserve: Tentatively Adopt Preliminary Use and Management Plan Recommendations, Including Naming the Trails as an Addition to the St. Joseph's Hill Open Space Preserve•, Indicate Your Intention to Withhold Dedication of Trail Easements as Public Trails at This Time—(Report R-04-65). Motion: P. Siemens moved that the Board adopt Resolution 04-26 authorizing acceptance of trail easements and an emergency access easement over the McCarthy Property as an addition to the St. Joseph's Hill Open Space Preserve and acceptance of roadway and parking lot easement on St. Joseph's Hill Open Space Preserve; tentatively adopt Preliminary Use and Management Plan recommendations, including naming the trails as an addition to the St. Joseph's Hill Open Space Preserve; and withhold dedication of trail easements as public trails at this time. K. Nitz seconded the motion. Discussion: T. Fischer provided information on the easement and answered III questions from the Board. P. Siemens commented on the history of this property with the Town of Los Gatos and how this is a major accomplishment for everyone. C. Britton discussed the fee title to this area. Vote: The motion passed 7 to 0. F. Agenda Item 6, Half Moon Bay Coastside Foundation v. San Mateo County LAFCo, Midpeninsula Regional Open Space District•, Authorize the General Manager to Approve Payment of Attorneys' Fees to the Law Firm of Shute, Mihaly and Weinberger in the matter of Half Moon Bay Coastside Foundation v. San Mateo County LAFCo, Midpeninsula Regional Open Space District and related Coastal Program matters in an Amount Not to Exceed $50,000; Approve an Amendment to District's Fiscal Year 2004-2005 Budget to Appropriate $50,000 From the Budget Category New Land Purchases for the Payment of Such Fees— (Report R-04-15). Meeting 04-15 Page 7 Motion: K Nitz moved that the Board authorize the General Manager to Approve Payment of Attorneys' Fees to the Law Firm of Shute, Mihaly and Weinberger in an amount not to exceed $50,000 and approve an amendment to the District's Fiscal Year 2004-2005 Budget. L. Hassett seconded the motion. The motion passed 7 to 0. G. Agenda Item 7, C. Britton advised the Board that there was not enough information to cancel the July 28, 2004 meeting; therefore the meeting would be held and this agenda item was unnecessary. There was no action taken on this item. VIII. INFORMATIONAL REPORTS J. Cyr: 1. He attended the controlled bum and was very impressed with the organization of the event. 2. He hiked El Corte de Madera and received many positive comments regarding the trail. 3. He hiked Windy Hill on Monday and had an enjoyable time. L. Hassett: 1. He had a very productive meeting with Jim Warren and Nonette discussing the good neighbor policy. 2. He had a good time at Bill Cook's event in Pescadero. N. Hanko: 1. LFPAC is developing standards for an ombudsperson with the great help from Sally Thielfoldt. 2. She and Larry talked with Jim Warren and discussed the Good Neighbor policy and eminent domain issues. She distributed copies of a letter from Mr. Warren to the Board. K. Nitz: He hiked Windy Hill and Pulgas Ridge preserves. D. Little: 1. He visited Black Mountain Trail and noticed the collection of toilet paper located on one of the side trails to Hidden Villa. 2. He brought attention to the letter from Stanford Professor Loague included in tonight's FYls addressing outsloping, erosion, and other issues. M. Davey: She brought attention to the thank you card from Enid Pearson. C. Britton: He received an invitation for Judith Steiner's retirement party and was planning to go. He considers her one of the best executive directors at Hidden Villa. C. Woodury: There is a kick off meeting tomorrow morning at La Honda Creek for the master planning services and tour. IX. ADJOURNMENT At 10:49 p.m.,the Regular meeting was adjourned. Margaret Reimche Recording Secretary