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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Meeting 04-20
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
September 22, 2004
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Mary Davey called the meeting to order at 6:35 p.m.
Members Present: Jed Cyr, Nonette Hanko, Larry Ilassett, Ken Nitz, Pete
Siemens, and Mary Davey
Members Absent: Deane Little
Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, Mike
Williams, Tom Fischer
I1. CLOSED SESSION
M. Davey stated that the Board would adjourn to Closed Session to discuss
Closed Session Agenda Items l and 2.
The Board recessed to Closed Session at 6:35 p.m. and the Closed Session
commenced at 6:35 p.m. The Board concluded the Closed Session at 7:20 p.m.
REGULAR MEETING
III. M. Davey called the Regular Meeting to order at 7:30 p.m. She announced that
the Board had discussed Closed Session Agenda Items 1 and 2 in Closed Session
and that no reportable actions had taken place.
Additional Staff Present: Sally Thielfoldt, Cathy Woodbury, Ana Ruiz, Rudy
Jurgensen, John Maciel, Del Woods
Member Deane Little arrived at 7:34 p.m.
IV. ORAL COMMUNICATIONS
I
33O Distel Circle 650-6gi-12oo info openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-69-I-0485 fax www,openspace,org Deane Little,Nonette Nanko,tarry Nassett,Kenneth C.Nitz L.Craig Britton
Meeting 04-20 Page 2
Stan Gage, 455 Old Spanish Trail, Portola Valley, addressed the Board on the
proposed Russian Ridge prescribed burn. He said it was not a good idea.
Conditions are different than when they approved the burn in July. He cited
several issues of concern including dry conditions, lack of available air tankers,
lack of coordination with Woodside, wind, and District liability. He suggested
delaying it until a better time.
J. Maciel said the burn had been postponed by CDF who manages the burns. It is
evaluated each week.
Jim Rourke, P. O. Box 222, Pescadero, thanked the Board and staff members for
their efforts in making the annexation a reality. He said they are asking for a fair
shot at representation.
April Vargas, P. O. Box 370265, Montara, agreed with Mr. Rourke. She stressed
that people on the coast are very independent and feel strongly about what they
want and need. She hoped that all Board Members would visit the coast.
S. Schectman informed the Board that all Board Members represent the coast
jointly until the redistricting occurs in the near future.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. L. Hassett
seconded and the motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
Motion: P. Siemens moved that the Board adopt the Consent Calendar,
including Minutes of the July 28, 2004 Special and Regular
Meetings; Agenda Item 5, Confirmation of Special Meetings of
the Board of Directors to Implement the Processes Set Out in the
District's Resolutions Fulfilling I.,AFCo's Conditions of Approval
of the Annexation of the Coastside Protection Area for October 20,
2004 Beginning at 5:00 p.m. at the District Office, Los Altos;
October 21 2004 Beginning at 7:00 p.m. at a Location to be
Determined-, October 25 2004 Be ig nning at 6:30 p.m. at the
District Office Los Altos; November 4, 2004 Beginning at 7:00
p.m. at a Location to be Determined; and November 9, 2004
beginning, at 7:00 p.m. at the District Office, Los Altos; Agenda
Item 6, Amendment to Resolution No. 04-13 Delegating
Responsibility for Screening Ombudsperson Applications to the
Legislative Finance and Public Affairs Committee; Agenda Item
7, Resolution Supporting Proposition IA on the November Ballot;
and Revised Claims 04-14. J. Cyr seconded the motion. The
motion passed 7 to 0. N. Hanko abstained on Claim No. 1484.
Meeting 04-20 Page 3
VII. BOARD BUSINESS
A. Agenda Item No. I Authorization to Linter into a Consultim,, A�,Yreement
for —Fiscal Year 2004-2005 with a Consultant to Provide Public
Involvement Process Planning and Facilitation Services for Amending
District's Good Neighbor Policy; Authorize General Manager to Negotiate
and Enter into a Contract with a Consultant for an Amount Not to Exceed
$25,000 —(Report R-04-93).
R. Jurgensen reviewed staff s recommendations.
N. Hanko said she hoped the process would be something like the
successful meeting Put together by the San Mateo County Agricultural
Summit Farm Bufeau.
Staff answered questions about how the amount of funding had been
established and what is envisioned to happen for the $25,000. C. Britton
said they have been interviewing consultants. He said they do not want
the same process that had been used before. He talked about the process
suggested by one consultant. There would be several meetings. One of
them would be on this side of the hill as promised to LAFCo.
D. Little suggested that they contact Boulder County, Colorado, who had
been through a similar situation with good results.
J. Rourke asked that when they choose a consultant, to please choose
carefully and choose one who will be neutral.
Motion: N. Hanko moved that the Board authorize the General
Manager to negotiate and enter into a contract with a
qualified consultant to help design the Good Neighbor
Policy amendment process and provide meeting facilitation
services; and re-appropriate $25,000 in funds from
Category 8102 (Land Acquisition) of the fiscal year 2004-
2005 budget and transfer this sum into Category 5205-37
(Planning Consultant) of the fiscal year 2004-2005 budget
for this purpose. J. Cyr seconded the motion. The motion
passed 7 to 0.
B. Agenda Item No. 2 - Settlement of Litigation For Natural Resource
Damage Liability From Mercury Contamination in the Guadalupe River
Watershed, Sierra Azul Open Space Preserve-, Approve and Authorize
Execution by the President or other Appropriate Officer of the Proposed
Consent Decree to Settle Pending Litigation for Natural Resource
Damages under the Comprehensive Environmental Response,
Compensation, and Liability Act ("CERCLA")—(Report R-04-89).
Meeting 04-20 Page 4
D. Simmons gave a PowerPoint presentation. He answered questions
about the spraying at Ravenswood and whether it would affect the Clapper
Rail. He said the Spartina must be taken out so the native grasses can
reestablish. fie said photographs would be taken and locations would be
mapped in order to mark progress. The contract could include a provision
requiring reporting to the District.
Concerns were expressed regarding trapping and/or dispatching of native
animals.
Board Members complimented D. Simmons on the outcome of the case
and said it was a wise investment. They were impressed by the fact that
the deed restriction protected the land in perpetuity.
D. Simmons said the District had no plans to monitor the Clapper Rail
population; Fish and Wildlife will. He said they would try to get the
Clapper Rail population figures.
D. Simmons explained the amendment. He said the private parties seemed
to be looking for a better deal, and there was a chance that there would be
changes in the Consent Decree. If more money were involved, it would
come back to the Board.
K. Nitz said he still disliked this because they were spending so much
more money on consultants than on the settlement.
D. Little said perhaps some of the plants would accumulate mercury. He
suggested having them tested.
P. Siemens said he would like a report on the animals that were trapped.
Motion: J. Cyr moved that the Board approve and authorize
execution by the President or other appropriate officer of
the proposed Consent Decree to Settle Litigation for
Natural Resource Damages under the Comprehensive
Environmental Response, Compensation, and Liability Act
("CERCLA"), as amended. P. Siemens seconded the
motion. The motion passed 7 to 0.
C. Agenda Item No. 3 - Approval of Application to I-labitat Conservation
Fund Program for Assistance with the Potential Addition of the Peninsula
Open Space Trust's Rapley Ranch Property to Russian Ridge Open Space
Preserve (San Mateo County Assessor's Parcel Numbers 078-210-370 and
080-320-170 and)• Determine that Recommended Action is Exempt from
CEQA• Adopt Resolution Approving Application for Grant Funds for the
Meeting 04-20 Page 5
Local Agency Grant Program under Habitat Conservation Fund Program
of the California Wildlife Protection Action of 1990 —(Report R-04-94).
Motion: N. Hanko moved that the Board determine that the
recommended actions are categorically exempt from the
California Environmental Quality Act as set out in the staff
report; adopt Resolution No. 04-32 Resolution of the Board
of Directors of the Midpeninsula Regional Open Space
District Approving the Application for Grant Funds for the
Local Agency Grant Program — Fiscal Year 2005-2006
Under the Habitat Conservation Fund Program of the
California Wildlife Protection Act of 1990 for the
Peninsula Open Space Trust's Rapley Ranch Property
Acquisition. J. Cyr seconded the motion
Discussion: D. Woods said Mindigo Creek forms the southern border of
the property. There is no grazing now, and there has not
been any for a number of years.
Staff Report: D. Woods presented the staff report.
Vote: The motion passed 7 to 0.
D. Agenda Item No. 4 - Approval of Application to Habitat Conservation
Fund Program for Assistance with the Potential Addition of the Arroyo
Leon Property to Purisima Creek Open Space Preserve (San Mateo
County Assessor's Parcel Numbers 066-140-080, 090, -100 and —110);
Determine that Recommended Action is Exempt from CEQA; Adopt
Resolution Approving Application for Grant Funds for the Local Agency
Grant Program for the Potential Addition— D. Woods— (Report R-04-95).
Motion: N. Hanko moved that the Board determine that the
recommended actions are categorically exempt from the
California Environmental Quality Act as set out in the staff
report; adopt Resolution No. 04-33, Resolution of the
Board of Directors of the Midpeninsula Regional Open
Space District Approving the Application for Grant Funds
for the Local Agency Grant Program — Fiscal Year 2005-
2006 Under the Habitat Conservation Fund Program of the
California Wildlife Protection Act of 1990 for the Arroyo
Leon Property Acquisition. P. Siemens seconded the
motion.
Staff Report: D. Woods presented the staff report. He said a private
party owns the property. He showed where the habitats
Meeting 04-20
Page
6
Staff Report: D. Woods resented the staff report. He said a private
P p p p �
party owns the property. He showed where the habitats
were located and talked about the multi-storied riparian
corridor. j
Vote: The motion passed 7 to 0.
I
VIII. INFORMATIONAL REPORTS
I
N. Hanko: 1. She attended the Hidden Villa event with Ira Ruskin as herwas
also a guest. 2. She referred to an article from the Half Moon Bay newspaper
regarding a park. The article was included in the clippings.
K. Nitz: 1. He asked about the painted roots at Pulgas. J. Maciel reported that
staff had not done the marking. `hhey had removed some of the roots that they
considered to be tripping hazards. 2. He had made comments on the new web
site.
D. Little advised the Board to watch a press conference that will be shown on the
evening news next Wednesday.
M. Davey asked that staff check on the artifacts in the deli on Skyline. C. Britton
said they would follow up.
L. Hassett: He attended the Old La Honda Road Annual Picnic and had a great
time. He talked to a lot of people.
J. r• 1 He also attended the Hidden Villa 9th Annual Humanitarian awards.
. . Cy .
2. On September 17 he attended a meeting at the Los Altos library regarding
resource management. C. Roessler and K. Lenin Iton did a splendid job of
g g p J
representing the District.
13. Siemens said he had spent the weekend at a park in Monterey.
C. Britton: 1. He would like to get biographies of Board Members. 2. October
2 is the 50a, anniversary celebration of the Skyline County Water District Board.
3. He had an invitation to the ribbon cutting for Damon Slough Bridge. 4. He
talked about the Santa Clara County Special Districts meeting at the Water
District. There was a presentation regarding annexation and service reviews.
5. He met with L.iz Kniss on a number of issues. 6. He attended the Bay Area
Open Space Council meeting where he saw a presentation regarding surveys.
J. Cyr: 3. He attended the Bay Area Ridge Trail Council meeting on September
I 11.
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S. Thielfoldt provided an update on retiree medical benefits.
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Meeting 04-20 Page 3
VII. BOARD BUSINESS
A. Agenda Item No. I Authorization to Enter into a Consulting Agyreeinent
for Fiscal Year 2004-2005 with a Consultant to Provide Public
Involvement Process Planning,, and Facilitation Services for Amending)
District's Good Neighbor Policy-, Authorize General Manager to Negotiate
and Enter into a Contract with a Consultant for an Amount Not to Exceed
$25,000 —(Report R-04-93).
R. Jurgensen reviewed staff s recommendations.
N. Hanko said she hoped the process would be something like the
successful meeting put together by the San Mateo County Agricultural
Summit.
Staff answered questions about how the amount of funding had been
established and what is envisioned to happen for the $25,000. C. Britton
said they have been interviewing consultants. He said they do not want
the same process that had been used before. tie talked about the process
suggested by one consultant. There would be several meetings. One of
them would be on this side of the hill as promised to LAFCo.
D. Little suggested that they contact Boulder County, Colorado, who had
been through a similar situation with good results.
J. Rourke asked that when they choose a consultant, to please choose
carefully and choose one who will be neutral.
Motion: N. Hanko moved that the Board authorize the General
Manager to negotiate and enter into a contract with a
qualified consultant to help design the Good Neighbor
Policy amendment process and provide meeting facilitation
services; and re-appropriate $25,000 in funds from
Category 8102 (Land Acquisition) of the fiscal year 2004-
2005 budget and transfer this sum into Category 5205-37
(Planning Consultant) of the fiscal year 2004-2005 budget
for this purpose. J. Cyr seconded the motion. 'the motion
passed 7 to 0.
B. Agenda Item No. 2 - Settlement of Litigation For Natural Resource
Damage Liability From Mercury Contamination in the Guadalupe River
Watershed, Sierra Azul Open Space Preserve• Approve and Authorize
Execution by the President or other Appropriate Officer of the Proposed
Consent Decree to Settle Pending, Litigation for Natural Resource
Damages tinder the Comprehensive Environmental Response.
Compensation, and Liability Act ("CERCLA") — (Report R-04-89).
Meeting 04-20 Page 6
Staff Report: D. Woods presented the staff report. He said a private
party owns the property. He showed where the habitats
were located and talked about the multi-storied riparian
corridor.
Vote: The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
N. Danko: 1. She attended the Hidden Villa event with Ira Ruskin as her guest.
2. She referred to an article from the Half Moon Bay newspaper regarding a park.
The article was included in the clippings.
K. Nitz: 1. He asked about the painted roots at Pulgas. J. Maciel reported that
staff had not done the marking. They had removed some of the roots that they
considered to be tripping hazards. 2. He had made comments on the new web
site.
D. Little advised the Board to watch a press conference that will be shown on the
evening news next Wednesday.
M. Davey asked that staff check on the artifacts in the deli on Skyline. C. Britton
said they would follow tip.
L. Hassett: He attended the Old La Honda Road Annual Picnic and had a great
time. He talked to a lot of people.
J. Cyr: 1. He also attended the Hidden Villa 91h Annual Humanitarian awards.
2. On September 17, he attended a meeting at the Los Altos library regarding
resource management. C. Roessler and K. Lenington did a splendid job of
representing the District.
P. Siemens said he had spent the weekend at a park in Monterey.
C. Britton: 1. He would like to get biographies of Board Members. 2. October
2 is the 50"' anniversary celebration of the Skyline County Water District Board.
3. He had an invitation to the ribbon cutting for Damon Slough Bridge. 4. He
talked about the Santa Clara County Special Districts meeting at the Water
District. There was a presentation regarding annexation and service reviews.
5. He met with Liz Kniss on a number of issues. 6. He attended the Bay Area
Open Space Council meeting where he saw a presentation regarding surveys.
J. Cyr: 3. He attended the Bay Area Ridge Trail Council meeting on September
11.
S. Thielfoldt provided an update on retiree medical benefits.