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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