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HomeMy Public PortalAbout20040922 - Minutes - Board of Directors (BOD) Regional Opera Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT t !{I.1-.1 i AI I:O,RS a.L1- 0PIN SPA( § PR1:0 R\_',I IW, 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. I S. Thielfoldt provided an update on retiree medical benefits. I I I I I I 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.