HomeMy Public PortalAbout20041215 - Minutes - Board of Directors (BOD) Regional Open ,Space
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Meeting 04-30
SPECIAL MEETING
BOARD OF DIRECTORS
December 15, 2004
MINUTES
SPECIAL MEETING
I. ROLL CALL
President Mary Davey called the Special Meeting to order at 6:30 p.m.
Members Present: Jed Cyr, Nonette Hanko, Deane Little (arrived 6:35 p.m.), Pete
Siemens (arrived 6:37 p.m.), Mary Davey, Larry Hassett and Ken Nitz
Members Absent: None
Staff Present: Craig Britton, Obad
iah Broughton Rich Carlson AnthonyCorreia
Dennis Danielson, Tom Fisher, Matt Freeman, Michelle Jesperson, Rudy Jurgensen, Kirk
Lenington, John Maciel, Michael Newburn, Loro Paterson, Ana Ruiz, David Sanguinetti,
Sue Schectman, Sally Thielfoldt, Doug Vu, Cathy Woodbury, Mike Williams, Del
Woods
II. ORAL COMMUNICATIONS: Jerry Hess of San Jose, California thanked the Board
for the opportunity to look at the Almaden Air Force site.
III. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. L. Hassett seconded the
motion. The motion passed 6 to 0 (P. Siemens was not present for this vote).
IV. ADOPTION OF CONSENT CALENDAR
K. Nitz pulled Agenda Items 16 and 17.
J. Cyr told staff that he liked the written communication response. N. Hanko asked if the
answers would go to J. Warren or the open space neighbors. C. Britton said that the
response would go to J. Warren and that the Board would be copied.
33o Distel Circle 650-6g7-i2oo info@openspace.org BOARD OF DIRECTORS: Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Meeting 04-30 Page 2
S. Thielfoldt read corrections to the Minutes. N. flanko noted the correct spelling of the
Duvenecks on page 16 of the August 25, 2004 Minutes. N. Hanko also noted corrections
to pages 3 and 6 of the September 22, 2004 Minutes.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including passage of
the corrected August 25, 2004 Minutes and the September 22, 2004 Minutes
and Agenda Item 15, Authorization of General Manager to Enter into a
Retainer Agreement with the Law Firm of Shute, Mihaly and Weinberger i
the Matter of Citizens for Responsible Open Space v. Midpeninsula Regional
Open Space District and to Provide Legal Services for the Coastside
Protection Program in an Amount Not to Exceed $50,000. P. Siemens
seconded the motion. The motion passed 7 to 0.
V. BOARD BUSINESS
A. Agenda Item No. I —Administer the Oath of Office to Ward 3 Director, J.
Edmond (Jed)Cyr, Jr.; Ward 4 Director, C. Deane Little; Ward 7 Director,
Kenneth C. Nitz—(Report R-04-133).
S. Thielfoldt swore in and administered the oath of office to Ward 3 Director, J.
Edmond (Jed) Cyr, Jr.; Ward 4 Director, C. Deane Little; and Ward 7 Director,
Kenneth C. Nitz.
Motion: No motion was required for this item.
B. Agenda Item No. 2 — Proposed Purchase of Guadalupe Land Co. (Peninsula
Open Space Trust) and Addition of the Guadalupe Land Co. Property (Santa
Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001 and 575-12-
0 13) to the Mt. Umunhum Area of Sierra Azul Open Space Preserve; Determine
that the Recommended Actions are Categorically Exempt from the California
Environmental Quality Act (CAA) As Set Out in this Report; Adopt the
Attached Resolution Approving the Stock Purchase Agreement with Peninsula
Open Space Trust (POST) and Any and All Other Documents Necessary to
Purchase and Operate Guadalupe Land Co (GLC); Authorize and Approve the
President of the Board to Sign the Attached "Guadalupe Land Co. Action By
Written Consent of the Shareholders In Lieu of a Meeting" Authorizing all
Actions Set Out Therein, Including the Following: (A) Amend and Restate the
Articles of Incorporation of GLC•, (B) Amend and Restate the Bylaws of GLC;
(C) Election of Directors of GLC; Approve the Attached "Guadalupe Land Co.
Action by Written Consent of Board of Directors in Lieu of a Meeting"
Authorizing GLC Directors to Take all Action Set Out Therein, Including the
Following: (A) Amend and Restate the Articles of Incorporation of GLC; (B)
Amend and Restate the Bylaws of GLC; (C) Election of Officers of GLC; (D)
Designate Corporate Accountant of GLC: (E) Authorize Officers to Obtain
Necessary or Appropriate Insurance for GLC; (F) Designate the Agent for Service
of Process; Authorize and Approve the President of the Board to Sign the
Meeting 04-30 Page 3
Attached License and Management Agreement with Guadalupe Land Co.;
Tentatively Adopt the Preliminary Use and Management Plan Recommendations
Contained in this Report—(Report R-04-134).
C. Britton introduced the report and gave some historical information. S.
Schectman introduced the legal staff from Wilson, Sonsini, Goodrich & Rosati
who helped with this transaction— Brad O'Brien and Jennifer Jones.
D. Woods reviewed the staff report and presented a PowerPoint presentation. He
corrected the Preliminary Use and Management name change to "New Hagen
Meadows Area."
N. Hanko asked if there was any mercury contamination in the area and if the
District would be responsible or if it would be POST's responsibility. M.
Williams stated that the District had hired a mining expert and that they could not
find cinnabar veins and considered it a clean property. D. Simmons reviewed the
report and concurred.
S. Schectman reviewed the five corporate documents and Stock Purchase
Agreement before the Board for approval. She stated that the District will be the
sole owner and she corrected the number of total shares stated in the staff report.
The correct number is 3,100. The Officers would be the General Manager,
Assistant General Manager, and the Controller.
M. Williams reviewed the terms of the purchase. Because this is not a typical
District transaction, the Corporation will be responsible for paying taxes (mostly
property taxes). POST is responsible for paying any taxes that accrued prior to
the sale.
N. Hanko stated that she was unhappy about the tax impacts of future dissolution
of the corporation and wanted to see a cost benefit analysis. M. Williams
described the tax liability. C. Britton said that the Federal law changed and in the
future specific legislation could be proposed. Staff would investigate reducing the
value of the property so as to minimize tax liability if such means were available.
D. Little questioned POST's ownership and management of the corporation. M.
Williams said that certain problems with the property pre-dated POST and that the
District would do a better job.
D. Little asked the District's liability as a corporation owning this property. S.
Schectman answered that the agreement have indemnities protecting the District.
However, going forward the Corporation is liable, but the property will be insured
to protect the District/Corporation. Attorney Brad O'Brien added that there are
two potential problems; (1) the tax issue, and (2) piercing the corporate "veil," but
it shouldn't be a concern. Any risk will be mit4zated in the same way as if the
District owned the property.
Meeting 04-30 Page 4
M. Williams said that the property will be included in the Sierra Azul Open Space
Preserve Master Plan so future use and management issues can be discussed
further at that time.
K. Nitz asked why there was such a stark difference between the purchase price
for the Guadalupe Land property and the Davidson property (discussed later in the
meeting, Report R-04-128). M. Williams replied that there was potential to build
on the Guadalupe Land property and much more difficult to build on the
Davidson property.
Motion: K. Nitz moved that the Board Determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act (CEQA) as set out in this report; adopt Resolution No. 04-
44 approving the Stock Purchase Agreement with Peninsula Open
Space Trust (POST) and any and all other documents necessary to
purchase and operate Guadalupe Land Co, (GLC); Authorize and
approve the President of the Board to sign the attached "Guadalupe
Land Co. Action By Written Consent of the Shareholders In Lieu of a
Meeting" authorizing all actions set out therein, including the
following: (A) amend and restate the articles of incorporation of GLC;
(B) amend and restate the bylaws of GLC; (C) election of directors of
GLC; approve the attached "Guadalupe Land Co. Action by Written
Consent of Board of Directors in Lieu of a Meeting" authorizing GLC
directors to take all action set out therein, including the following: (A)
amend and restate the Articles of Incorporation of GLC; (B) amend
and restate the Bylaws of GLC; (C) election of officers of GLC; (D)
designate corporate accountant of GLC; (E) authorize officers to
obtain necessary or appropriate insurance for GLC; (F) designate the
agent for service of process; authorize and approve the President of the
Board to sign the attached License and Management Agreement with
Guadalupe Land Co.; and tentatively adopt the Preliminary Use and
Management Plan recommendations contained in this report. L.
Hassett seconded the motion. The motion passed 6 to 0. (D. Little
was not present for the vote.)
C. Agenda Item No. 3 —Proposed Purchase of the Davidson Property as an addition
to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Santa Clara
County APNs 575-12-008 and 575-12-012; Determine that the Recommended
Actions are Categorically Exempt from the California Environmental Quality Act
(CEQA) as Set Out in This Report•, Adopt the Attached Resolution Authorizing
Purchase of the Davidson Property; Tentatively Adopt the Preliminary Use and
Management Plan Recommendations Contained in this Report, Including Naming
the Property as an Addition to the Mt. Umunhum Area of Sierra Azul Open Space
Preserve; Indicate Your Intention to Withhold Dedication of the Property as
Public Open Space at this Time - (Report R-04-128).
Meeting 04-30 Page 5
T. Fischer presented a PowerPoint presentation and reviewed the staff report,
including that this property has a potential of two home sites. He stated that there
is no evidence of cinnabar mining on this property. The estimated cost to repair
the roads is $10,000, which is mostly the cost of renting equipment.
Motion: P. Siemens moved that the board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act (CEQA) as set out in this report; adopt Resolution No. 04-
45 authorizing purchase of the Davidson property; tentatively adopt
the preliminary use and management plan recommendations contained
in this report, including naming the property as an addition to the Mt.
Umunhum Area of Sierra Azul Open Space Preserve; indicate your
intention to withhold dedication of the property as public open space at
this time. J. Cyr seconded the motion. The motion passed 7 to 0.
D. Agenda Item No. 4— Proposed Purchase of the Keyani Property as an Addition
to Monte Bello Open Space Preserve (Santa Clara County APN 351-16-021);
Determine that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act (CEQA) as Set Out in this Report; Adopt
the Attached Resolution Authorizing Purchase of the Keyani Property;
Tentatively Adopt the Preliminary Use and Management Plan Recommendations
Contained in this Report, Including Naming the Property as an Addition to the
Monte Bello Open Space Preserve; Indicate Your Intention to Withhold
Dedication of the Property as Public Open Space at This Time - (Report R-04-
125).
D. Woods reviewed the staff report and presented a PowerPoint presentation.
K. Nitz asked if there was a payment for the easement. D. Woods said that only
the District and PG&E would use the road and that there would be no payment.
M. Williams reviewed the terms and conditions of the purchase. He added that
the easement is unrecorded and that there was no junk or debris on the property to
clean up.
Motion: N. Hanko moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act (CEQA) as set out in this report; adopt Resolution No. 04-
46 Authorizing purchase of the Keyani property; tentatively adopt the
Preliminary Use and Management Plan recommendations contained in
this report, including naming the property as an addition to the Monte
Bello Open Space Preserve; indicate your intention to withhold
dedication of the property as public open space at this time. P. Siemens
seconded the motion. The motion passed 7 to 0.
Meeting 04-30 Page 6
E. Agenda Item No. 5— Proposed Purchase of the Hayes Property as an Addition to
El Sereno Open Space Preserve (Santa Clara County Assessor's Parcel Number
510-27-007); Determine that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act (CEQA) as Set Out in
This Report; Adopt the Attached Resolution Authorizing Purchase of the Have
Property-, Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in this Report, Including Naming the Property as an
Addition to El Sereno Open Space Preserve-, Indicate Your Intention to Dedicate
the Property as Public Open Space at this Time— (Report R-04-132).
C. Britton introduced the report. He said that the purchase of this property was to
improve public access and District patrol of El Sereno Open Space Preserve.
Normally the District tries not to purchase homes and generally will carve out
developed portions of a property. However, in this case, the property solves an
access problem and is a good place for a future Ranger Residence.
T. Fischer reviewed the Purchase Agreement and noted that there was a bill of
$18,000 for outstanding road repairs which would be paid by the seller. This
property was not being purchased for its open space qualities, rather for its
location and the benefit to the District as enabling the District to manage its open
space as stated by C. Britton. He gave a PowerPoint presentation showing maps
of the property. The property has an ingress and egress easement.
M. Newburn recommended using the house as a Ranger Residence. The house
would fit a need in the southern area of the District. He explained that having a
Ranger in this residence would enable easier access to many areas of the southern
end of District properties, especially in cases of emergency.
K. Nitz asked if anyone was living in the house currently. T. Fischer stated that
the house was previously being used as a rental but that the home was currently
vacant because it was being sold.
M. Newburn added that the location of this property added an emergency exit for
the neighbors of El Sereno.
K. Nitz asked if there is a waiting list for Rangers getting into District housing.
M. Newburn said that there is, especially for newer Rangers.
T. Fischer said that Hayes was intent to sell the property and lowered the price to
help the sale. Ile stated that initially the property would be closed to public use
except for the adjacent homeowners. He added that a District gate would go up
immediately upon purchase along with District signage. He then reviewed the
Terms and Conditions of the purchase.
L. Hassett asked about the Road Agreement and the annual costs. T. Fischer
replied that the annual cost is $18,000, The homeowners association assessed this
Meeting 04-30 Page 7
amount. Each homeowner was assessed a dollar amount of approximately
$17,000 for the road repair and there is a $300 annual homeowner association fee.
Mr. Hayes is responsible for paying the current road repair fee.
N. Hanko noted the importance of acquiring this property for the District and how
this property will protect this El Sereno entrance site.
Motion: N. Hanko moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act (CEQA) as set out in this report; adopt Resolution No. 04-
47 authorizing purchase of the Hayes property; tentatively adopt the
Preliminary Use and Management Plan recommendations contained in
this report, including naming the property as an addition to El Sereno
Open Space Preserve; indicate your intention to dedicate the property
as public open space at this time. P. Siemens seconded the motion.
Further discussion continued prior to the final vote.
Discussion: D. Little stated his opposition to this purchase for two reasons, one
being the price, and the other being a problem with the gate location.
M. Newburn stated that cars parked by the tenant(s) of the property
had a history of blocking the access to the Preserve, causing potential
problems in cases of emergency.
D. Little asked how often the area was patrolled and M. Newburn
stated that it is patrolled approximately one to two times per week or
more during busier times.
D. Sanguinetti added his opinion of the importance of acquiring the
Hayes property. He gave a brief patrol history of this property. There
were many tenants that lived at the house during the years with cars
parked and blocking access which caused time delays and problems
for patrol staff. He believes that if the District owns this property it
will finally be able to control access by installing a proper District gate
with District locks and eliminating the blocking of the access by cars.
D. Little handed out a list of properties purchased in the past four years
by the District. He stated that he didn't feel this was a good use of
District funds and that they need to think of their constituents and not
serve staff. The Hayes property price is too high and he felt that this
was a potentially bad press and public relations issue. Buying this
property would only solve administrative problems and that there was
no open space value in owning this property.
Meeting 04-30 Page 8
C. Britton pointed out the potential staging area for this property. He
said that staff would work with the neighbors similarly to Allen Road,
a private road accessing La Honda Creek Open Space Preserve.
K. Nitz stated that he agreed with D. Little. He agreed that the
problem with supplying Ranger Residences was C. Britton's problem.
However, his main issue in opposing the acquisition of this property
was that he felt that staff should not have brought this property
acquisition before the Board in a public session, without a closed
session as was done before for this property. Staff should have
returned to the Board in a closed session.
P. Siemens stated that he had asked C. Britton to keep an eye on the
property and if there was a bona fide offer that he asked that the
acquisition of this property be agendized. M. Davey clarified that any
Board member may ask that an item be agendized; however, K. Nitz
still felt that this particular item was out of line.
L. Hassett asked to hear from any public present at the meeting.
R. Cardinale, chairman of the Montgomery Highlands Homeowners
Association, said there were 26 homes included in the association. He
had spoken with the association's Executive Committee and said that
the overall opinion of the committee was extremely positive towards
the District's acquisition of the Hayes property; however, there was
concern about increased road traffic. They thought that using the
home on the property as a Ranger Residence was a great idea. They
are also afraid that if a private party purchased the property a "monster
home" would be built on the site.
Ranger K. Carlson stated that he had worked for the District for 20
years and his focus has been on El Sereno through the years. He stated
that this was a good location for a possible Ranger Residence.
The Board resumed its deliberations. L. Hassett asked about options
to accessing the property, including San Jose Water's site. T. Fischer
stated that there was an easement with San Jose Water near the new
water tank site; however the hillside is unstable and any trail may also
be unstable and unreliable.
C. Britton added that El Sereno is a 1,500-acre preserve and that there
are two other access roads. There is no Master Plan of El Sereno.
K. Nitz asked if the site was earthquake safe. T. Fischer said that the
home and site had survived the 1989 Loma Prieta earthquake and that
Meeting 04-30 Page 9
the home was designed to withstand earthquakes based on the
requirements at the time it was built.
J. Cyr stated that the reason this acquisition was before the Board was
that there was a bona fide offer from a private party. C. Britton stated
that the timeline for the Board to vote on this item was very short and
that the option to purchase the property ended at midnight on
December 15, 2004. His preference would have been to bring this
item before the Board in a Closed Session, but that there was no time
in this case.
J. Cyr said he felt this property has been a critical chokehold in
accessing El Sereno for 20 years. He said the Board needed to pay
more attention to shifting to management of the land and that, although
this was a very expensive purchase, this property has caused a drain of
resources and staff time over the years. Preserves should be open in
multiple places and the District should be better stewards by allowing
access via this property.
D. Little stated that he had an issue with the value of the house versus
the open space value and asked again if there was a legitimate offer
from a third party. T. Fischer stated that he had seen and reviewed the
offer and met the third party's representative broker.
Motion: D. Little moved to table the issue. K. Nitz seconded the motion.
The motion failed by a vote of 3 ayes and 4 nos.
M. Davey returned to the original motion and requested a roll call vote.
D. Little told S. Schectman that this acquisition should have returned to Closed
Session. S. Schectman stated that there was no Board rule requiring that an item
be returned to Closed Session.
Vote: The motion passed 4 to 3. Directors Hassett, Little and Nitz voted no.
At 9:28 p.m. M. Davey stated that there would be a five-minute break. The
meeting reconvened at 9:35 p.m.
E. Agenda Item No. 6—Grant of Easement to Northern California Presbyterian
Homes and Services for a Berm Easement, Approval of Landscaping License and
Permit to Enter for Undergrounding Utility Lines at Windy Hill Open Space
Preserve, Acceptance of an Easement Modification Deed from Pacific Gas and
Electric, Approval of an Amendment of Easement with SBC California at Windy
Hill Open Space Preserve, and Acceptance of an Open Space and a Conservation
easement from Northern California Presbyterian Homes and Services Over
Property Adjacent to Windy Hill Open Space Preserve, and Determination that
Meeting 04-30 Page 10
the Recommended Actions are Exempt from the California Environmental
Quality Act; Determine that the Information Contained in the Mitigated Nepatine
Declaration Adopted by the Town of Portola Valley has been Reviewed and
Considered, and the Easement Exchange Agreement is Exempt from the
California Environmental Quality Act (CEQA) as Set Out in this Report; Adopt
the Attached Resolution Authorizing the President of the Board to Execute an
Agreement to Exchange Interests in Real Property for a Berm Easement in Favor
of Northern California Presbyterian Homes and Services, in Exchange for
Acceptance of an Open Space easement and a Conservation Easement from
Northern California Presbyterian Homes and Services Over Land Adjacent to
Windy Hill Open Space Preserve; Adopt the Attached Resolution Authorizing the
President of the Board to Execute an Easement Modification Deed from Pacific
Gas and Electric and an Amendment of Easement with SBC Undergrounding
Permit to Enter with Northern California Presbyterian Homes and Services;
Amend the Use and Management Plan as Recommended in this Report,.Authorize
the General Manager and General Counsel to Approve Minor Revisions to the
Agreements, Easements or Permit that do not Involve any Substantial Change to
These Documents as Set Forth in This Report—(Report R-04-127).
C. Britton handed out a letter of support for the report.
T. Fischer introduced guests, Barbara Hood, Yumiko Westland, Thomas Klope,
William Stronck, David Denton and Bob Lanzone.
T. Fischer gave a PowerPoint presentation and reviewed the staff report. He
explained that the Sequoias is planning an expansion of its facility and that the
service road would need to be moved. A berm is preferred by the District (1/10 of
an acre). There will be a 5-year Landscape Agreement to monitor the
landscaping.
K. Nitz asked about the plant-type on the berm, stating that native plants are slow
growing. T. Fischer said they would be native plants.
L. Hassett gave compliments to the Sequoias.
Motion: L. Hassett moved that the Board determine that the information
contained in the Mitigated Negative Declaration adopted by the Town
of Portola Valley has been reviewed and considered, and the Easement
Exchange Agreement is exempt from the California Environmental
Quality Act (CEQA) as set out in this report; adopt Resolution No. 04-
48 authorizing the President of the Board to execute an Agreement to
Exchange Interests in Real Property for a berm easement in favor of
Northern California Presbyterian Homes and Services, in exchange for
acceptance of an open space easement and a conservation easement
from Northern California Presbyterian Homes and Services over land
adjacent to Windy Hill Open Space Preserve; adopt Resolution No.
Meeting 04-30 Page I I
04-49 authorizing the President of the Board to execute an Easement
Modification Deed from Pacific Gas and Electric and an Amendment
of Easement with SBC Undergrounding Permit to Enter with Northern
California Presbyterian Homes and Services; amend the Use and
Management Plan as recommended in this report; authorize the
General Manager and General Counsel to approve minor revisions to
the agreements, easements or permit that do not involve any
substantial change to these documents as set forth in this report. K.
Nitz seconded the motion. The motion passed 7 to 0.
F. C. Britton proposed moving up Agenda Item No. I I due to members of the public
present for that staff report.
Motion: J. Cyr moved that Agenda Item No. I I be presented out of order. P.
Siemens seconded the motion. The motion passed 7 to 0.
G. Agenda Item No. I I a — Determine That There is a Need to Take Immediate
Action on the Award of Contract for Demolition Services and Construction of a
Parking and Staging Area at Pulgas Ridge Open Space Preserve and That the
Need to Take Action Arose Subsequent to the Posting of the Agenda for This
Meeting — (Report R-04-119A).
S. Schectman stated that the staff report explains that subsequent to the agenda
being posted on Friday, December 10, 2004 staff received a bid protest
challenging the low bid on the Pul9 as project. It was staff's opinion that this bid
protest be resolved promptly due to the project completion date having been set
based on the grant funding from the Land and Water Conservation Fund and
therefore it is staffs recommendation that the criteria for being able to act on this
item has been met.
Motion: J. Cyr moved that Board determine there is an immediate need to take
action on the award of contract for demolition services and
construction of a parking and staging area at Pul gas Ridge Open Space
Preserve and that the need arose subsequent to the posting of the
agenda for this meeting. K. Nitz seconded. The motion passed 7 to 0.
D. Vu reviewed the bid protest regarding the initial staff report. The second
lowest bid submitted a bid protest against the first lowest bidder. He handed out
the bid protest letter and a spreadsheet reviewing the bid process. S. Schectman
reviewed the bid protest process as well as the applicable subcontracting law.
Motion: K. Nitz moved that the Board consider and uphold the bid protest
submitted by Casey Construction Company and determine that the
bid proposal submitted by Watershed Science is non-responsive and
is rejected. N. Hanko seconded the motion.
Meeting 04-30 Page 12
Discussion: Mel Casey of Casey Construction stated that the winning bidder,
Watershed Science, does not have a license for removing
contaminated material. D. Vu clarified that he had spoken to the
bidder, Watershed Science, and they said at one point, Watershed did
hold such a permit, but the permit had expired and was not renewed.
Vote: The motion passed 7 to 0.
H. Agenda Item No. I I b - Award of a Contract to Casey Construction for
Demolition Services and Construction of a Parking and Staging Area at Pulgas
Ridge Open Space Preserve; Authorize the General Manager to Execute a
Contract with Casey Construction of Emerald Hills, California for the Bid
Amount of$200 248 Plus a Contingency Amount of Up to $30,833, for a Total
Amount Not to Exceed $230 285 for Demolition of the Hassler Health Home
Waste Treatment Facility and Construction of a Parking and Staging Area at
Pulgas Ridge Open Space Preserve—(Report R-04-11 qB).
D. Vu reviewed the staff report.
K. Nitz asked about the use of subcontractors for hazardous material removal. D.
Vu stated that this is common and that each project is unique.
C. Britton commended D. Vu on working through the issues associated with the
bid process for this project.
Motion: N. Hanko moved that the Board award a contract to Casey
n construction of a parking and
Construction for demolition services and p g
staging area at Pulgas Ridge Open Space Preserve and authorize the
General Manager to execute a contract with Casey Construction of
Emerald Hills, California for the bid amount of$200,248, plus a
contingency amount of up to $30,833, for a total amount not to exceed
$230,285 for demolition of the Hassler Health Home Waste Treatment
Facility and construction of a parking and staging area at Pulgas Ridge
Open Space Preserve. L. Hassett seconded the motion. The motion
passed 7 to 0.
I. Agenda Item No. 7— Proposed Exchange of Real Property in the Redwood Park
Subdivision Area of Purisima Creek Redwoods Open Space Preserve San Mateo
County Assessor's Parcel Numbers 067-186-180 067-175-060, 067-175-010,
067-174-120 067-174-010 067-172-020 067-172-010 and 067-122-130, Lands
of Stienstra et al.); Determine that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act (CEQA) as Set out in
This Report; Adopt the Attached Resolution Authorizing the President of the
Board to Execute an Agreement to Exchange Interests in Real Property with
Bruce R. Stienstra et al San Mateo County Assessor's Parcel Numbers 067-186-
180 067-175-060 067-175-010 067-174-120 067-174-010, 067-172-020, 067-
I
Meeting 04-30 Page 13
172-010 and 067-122-130 for Land Adjacent to Purisima Creek Redwoods Open
Space Preserve; Tentatively Adopt the Amended Use and Management Plan
Recommendations Contained in this Report, Including_Naming the Property as an
Addition to the Purisima Creek Redwoods Open Space Preserve; Indicate Your
Intention to Dedicate Those Parcels Located Within the Designated Dedication
Area as Public Open Space•, Withhold From Dedication Those Parcels Located
Outside the Designated Dedication Area— (Report R-04-13 1).
T. Fischer asked if there were any questions from the Board. K. Nitz had a
property tax question. T. Fischer said that the District would gain parcels that will
be taken off the tax rolls. Stienstra will gain property and will cause a
reassessment and that chances were good that the taxes will increase as a result of
the reassessment.
N. Hanko asked who will answer the neighbor's questions. C. Britton said that
staff would and would copy the Board on any correspondence.
Motion: K. Nitz moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality
Act (CEQA) as set out in this report; adopt Resolution No. 04-50
authorizing the President of the Board to execute an agreement to
exchange interests in real property with Bruce R. Stienstra et al., San
Mateo County Assessor's Parcel Numbers 067-186-180, 067-175-060,
067-175-010, 067-174-120, 067-174-010, 067-172-020, 067-172-010
and 067-122-130 for land adjacent to Purisima Creek Redwoods Open
Space Preserve; tentatively adopt the amended Use and Management
Plan recommendations contained in this report, including naming the
property as an addition to the Purisima Creek Redwoods Open Space
Preserve; indicate your intention to dedicate those parcels located
within the designated dedication area as public open space; withhold
from dedication those parcels located outside the designated dedication
area. N. Hanko seconded the motion. The motion passed 7 to 0.
J. Agenda Item No. 8—Proposed Addition of Peninsula Open Space Trust (POST)
Redwood Park Gill Parcels (San Mateo County Assessor's Parcel Numbers 067-
094-100, 067-130-090, 067-139-180, 067-15.3-072 and 067-184-060) and McKay
Redwood Park Gift Parcels (San Mateo County Assessor's Parcel Numbers 067-
136-080 and 06-134-090) as an Addition to Purisima Creek Redwoods Open
Space Preserve; Determine that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act (CEQA) as Set Out in
This Report; Adopt Resolution for the Gift of Property from Peninsula Open
Space Trust (15 lots); Adopt Resolution for the Gift of Property from McKay (4
lots); Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in This Report, Including Naming the Properties as
Additions of Purisima Creek Redwoods Open Space Preserve; Indicate Your
Meeting 04-30 Page 14
Intention to Dedicate the Parcels Lving, Westerly of the Designated Preserve
Boundary as Public Open Space, as Further Described in This Report; Indicate
Your Intention to Withhold from Dedication the Parcels Lying Easterly of the
Designated Preserve Boundary as Public Open Space, as Further Described in
This Report—(Report R-04-126).
Motion: K. Nitz moved that the Board determine that the recommended actions
are categorically exempt from the California Environmental Quality
Act (CEQA) as set out in this report; adopt Resolution No. 04-51 for
the gift of properties from Peninsula Open Space Trust (15 lots) and
from McKay (4 lots); tentatively adopt the Preliminary Use and
Management Plan recommendations contained in this report, including
naming the properties as additions of Purisima Creek Redwoods Open
Space Preserve; indicate your intention to dedicate the parcels lying
westerly of the designated preserve boundary as public open space, as
further described in this report; indicate your intention to withhold
from dedication the parcels lying easterly of the designated preserve
boundary as public open space, as further described in this report. N.
Hanko seconded the motion. The motion passed 7 to 0.
K. Agenda Item No. 9— Proposed Approval of Conveyance of a Trail Easement for
the Bay Trail from Starlink Logistics, Inc. to the City of Palo Alto (San Mateo
County Assessor's Parcel Number 063-270-480); Determine That the
Recommended Actions are Categorically Exempt Under the California
Environmental Quality Act (CEQA) as Set Out in This Report; Authorize the
President of the Board of Directors to Execute the Attached Public Trail Easement
Agreement that Conveys a Trail Easement to the City of Palo Alto and, Thereby,
Partially Fulfills a Condition of a Previous Easement Exchange Agreement
Between Rhone-Poulenc, Inc. and The District, Subject to State Public Resources
Code 5540.5 —(Report R-04-130).
Motion: K. Nitz moved that the Board determine that the recommended actions
are categorically exempt under the California Environmental Quality
Act (CEQA) as set out in this report; authorize the President of the
Board of Directors to execute the attached Public Trail Easement
Agreement that conveys a trail easement to the City of Palo Alto and,
thereby, partially fulfills a condition of a previous easement exchange
agreement between Rhone-Poulenc, Inc. and the District, subject to
state Public Resources Code 5540.5. P. Siemens seconded the motion.
The motion passed 7 to 0.
L Agenda Item No. 10— Approve Mid-Year Amendments to the 2004-2005 Fiscal
Year Budget-, Accept the District Controller's Mid-Year Financial Report,
Approve the Attached Resolution Implementing an Amendment to the 2004-2005
Fiscal Year Budget in Accordance with the Administration and Budget
Committee Recommendation—(Report R-04-129).
Meeting 04-30 Page 15
Motion: N. Hanko moved that the Board accept the District Controller's Mid-
Year Financial Report; approve Resolution No. 04-52 implementing
an amendment to the 2004-2005 fiscal year budget in accordance with
the Administration and Budget Committee recommendation. K. Nitz
seconded the motion. The motion passed 7 to 0.
M. Agenda Item No. 12 —Approval of the Notice of Completion.of Contract for the
Implementation of the El Corte de Madera Creek Open Space Preserve Watershed
Protection Program: Year One Erosion Control Projects-, Authorize the General
Manager to Execute the Attached Notice of Completion and Acceptance of Work
for the Implementation of Extensive Erosion Control and Drainage Improvements
Associated with the First Phase of the El Corte de Madera Creek Open Space
Preserve Watershed Protection Program—(Report R-04-124).
M. Freeman showed a PowerPoint slide presentation (per the Board request)
showing the new culverts and rocked areas.
K. Nitz asked if there were any complaints from ROMP. M. Freeman said there
were very few, if any.
M. Freeman also spoke about grant possibilities for the road and trail elements of
the program (see Agenda Item 16). L. Hassett asked if grant funding was
available. C. Britton added that District staff was very proactive on applying for
grants.
P. Siemens asked why there was not enough time for the grading. M. Freeman
responded that there was limited time to perform the work. The grading
contractor needed to be brought back to fix problems. The remaining work will
occur next year.
Motion: J. Cyr moved that the Board authorize the General Manager to execute
the Notice of Completion and Acceptance of Work for the
Implementation of Extensive Erosion Control and Drainage
Improvements Associated with the First Phase of the El Corte de
Madera Creek Open Space Preserve Watershed Protection Program.
P. Siemens seconded the motion. The motion passed 7 to 0.
C. Britton proposed moving up Agenda Item No. 16.
Motion: J. Cyr moved that Agenda Item No. 16 be presented out of order. K.
Nitz seconded the motion. The motion passed 7 to 0.
N. Agenda Item No. 16—Authorization to Execute a Contract with Pacific
Watershed Associates to Provide Consulting Services in an Amount Not to
Exceed $32,726 to Assess the Roads and Trails at Skyline Ridge and Long Ridge
Meeting 04-30 Page 16
Open Space Preserves• Authorize the General Manager to Execute a Contract
with Pacific Watershed Associates in an Amount Not to Exceed $32,726 to
Assess the Roads and Trails at Skyline Ridge and Long Rid,Ye Open Space
Preserved Within the Pescadero Creek Watershed — (Report R-04-121).
K. Lenington spoke about grant funding. K. Nitz asked why there was no grant
funding for this project. K. Lenington stated that the District had received grant
funding for La Honda and that the next opportunity to apply for grants was in
October, putting the project one-year away. K. Nitz said that staff should apply
for the future grant.
L. Hassett asked why Russian Ridge Open Space Preserve was not included in the
General Manager's Recommendations. K. Lenington explained the reason.
Motion: K. Nitz moved that the Board authorize the General Manager to
execute a contract with Pacific Watershed Associates in an amount not
to exceed $32,726 to assess the roads and trails at Skyline Ridge and
Long Ridge Open Space preserved within the Pescadero Creek
Watershed. J. Cyr seconded the motion. The motion passed 6 to 0.
(D. Little was not present for the vote.)
O. Agenda Item No. 13 —Notice of Contract Completion for.the 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 the General Manner to Execute the Attached Notice of Contract
Completion for the Grabtown Gulch and Virginia Mill Trail Repair and Bridge
Projects—(Report R-04-122).
M. Freeman presented a PowerPoint slide show and reviewed the staff report.
Motion: J. Cyr moved that the Board authorize the General Manager to execute
the Notice of Contract Completion for the 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. L. Hassett seconded the motion. The motion passed 7
to 0.
P. Agenda Item No. 14 —Notice of Contract Completion for the Foothills Field
Office Maintenance Shop Building Replacement at Rancho San Antonio Open
Space Preserve• Authorize the General Manager to Execute the Attached Notice
of Contract Completion for the Foothills Field Office Maintenance Shop Building
Replacement Project—(Report R-04-100).
C. Woodbury presented a PowerPoint slide show and reviewed the staff report.
M. Newburn described the use of the new mezzanine area of the new shop
building.
Meeting 04-30 Page 17
J. Cyr expressed his appreciation of the effort of staff input in the design of the
facility.
L. Hassett asked if the building could have solar panels installed in the future. C.
Woodbury said that was indeed possible.
K. Nitz asked about the learning process with this difficult project. C. Woodbury
stated that the Fire Department codes were important factors to include in the
preparation of a project of this type.
K. Nitz asked if there was a need for a similar facility at the Skyline Ranger area.
J. Maciel said that eventually there would be a need.
K. Nitz inquired about the security system for the new facility. M. Newburn
stated that a new burglar system was in place and items are secure in the facility.
Motion: K. Nitz moved that the Board authorize the General Manager to
execute the Notice of Contract Completion for the Foothills Field
Office Maintenance Shop Building Replacement Project at Rancho
San Antonio Open Space Preserve. P. Siemens seconded the motion.
The motion passed 7 to 0.
Q. Agenda Item No. 17 —Authorization to Amend Agreement with LFR, Inc. for
Construction Manag)ement Services at Pul ag s Ride Open Space Preserve;
Authorize the General Manager to Execute an Amendment to the Consultant
Services Agreement with LFR Inc of Emeryville for up to an Additional $30,000
Overthe $82 754 Previously Authorized Amount to Provide Construction
Management Services for the Demolition of the Former Hassler Health Home
Treatment Facility and Construction of a Parking and Staging Area at
Waste � �, � �
Pul gas Ridge O en Space Preserve for a Total Sum Not to Exceed 112 754—
gJ� P $
(Report R-04-120).
Note on Agenda Item No. 1 Ib, D. Vu noted a correction to the staff report
substituting the name"Casey Construction" for"Watershed Science of Aromas."
Motion: J. Cyr moved that the Board authorize the General Manager to execute
an amendment to the Consultant Services Agreement with LFR, Inc. of
Emeryville for up to an additional $30,000 over the $82,754
previously authorized amount to provide construction management
services for the demolition of the former Hassler Health Home waste
treatment facility and construction of a parking and staging area at
Pulgas Ridge Open Space Preserve, for a total sum not to exceed
$112,754. K. Nitz seconded the motion. The motion passed 7 to 0.
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Meeting 04-30 Page 18
VI. INFORMATIONAL REPORTS
J. Cyr: (1) He met with the new District Ombudsperson and that she will be an asset to
the District. (2) On December 4 he went to Joe Simitian's breakfast and sat with Barbara
Green (a former District Board Director). (3) He attended the South Skyline Association
meeting at L. Hassett's home. (4) On December 9 he went to the Ridge Trail Council
meeting where they announced that the ridge trail is actually 400 miles, not the 300 miles
previously expressed.
M. Davey: (1) She announced that on January 10, 2005 Bob Girard will be at her home to
talk about open space initiatives in Santa Clara County. (2) At the February 6, 2005
League of Women Voters Open Space Easement Forum, she will be talking about the
District's easement monitoring program. (3) She attended the staff holiday party at the
new Foothills facility and said it was great!
N. Hanko: (1) She commented on the memo from D. Sanguinetti suggesting an inventory
of District artifacts. C. Britton clarified the memo and stated that K. Fisher gave the
District an inventory of the artifacts he is holding for the District. N. Hanko said she felt
it was important to have an itemized inventory. (2) She also attended and enjoyed the
South Skyline event at L. Hassett's home. (3) The LFPAC met with the Ombudsperson
and gave some recommendations on her communications; there will be an agendized item
at the next Board meeting in January.
C. Britton: (1) He pointed out certain items in the "FYIs," including a letter to the
Governor, a Deer Hollow Farm article, a memo on Mt. Umunhum, a notice from Liz
Kniss regarding the January 27 State of the County. (2) On January 27 Silicon Valley
Joint Venture will release a report. (3) He was contacted by the City of East Palo Alto
regarding Cooley landing. (4) The Center for Natural Lands Management's study
featured Midpeninsula Regional Open Space District Skyline preserves. He handed out
the Executive Summary to the Board members. (5) POST received a $5 million dollar
grant to assist in the purchase of the Jones/Becker property. He noted that District staff
was very involved in the grant preparation for POST. (6) Mary Burns left San Mateo
County and is now the Director for Sonoma County Parks. (7) On December 13 he and P.
Siemens went to the Santa Clara County Special District meeting. (8) The staff holiday
party was today at the Foothills new shop building and J. Cyr, D. Little, and M. Davey
attended. (9) He would be interviewed on KEZR (106.5 f.m.) on Sunday, December 19,
2004 at 7:00pm. He will get a CD recording of the interview.
VII. ADJOURNMENT
At 11:40 p.m. the special meeting was adjourned.
Lisa Zadek, Recording Secretary
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMO A I I k I I N I ks )I I I N S I I%( I VP I 1A R% \I H
Date: February 16, 2005
To: L. Craig Britton, General Manager
From: Tom Fischer, Land Protection Specialis�,___
Re: Clarification to Minutes
Board of Directors Meeting December 15, 2004
Agenda Item No. 5 - Hayes Property
The minutes from the Board of Directors meeting, December 15, 2004, regarding Item No. 5 (Hayes
Property) do not clearly explain two issues. This memo is to clarify my comments at the meeting.
Paragraph 9
This paragraph referred to road repair dues and homeowners' annual association dues. At the time of
the Board Meeting, the Hayes' had not paid a one-time road repair fee of about $17,000. This fee was
due to the Montgomery Highland Association for recent repairs and resurfacing of the private roadways.
The $17,000 is not a reoccurring annual fee, and not an obligation of the District. The Hayes' were also
delinquent in paying some of their annual $300 Montgomery Highlands Association dues. The Hayes
have paid both the one-time road repair fee and the delinquent annual dues in escrow for a total of
$17,765.09.
The annual $300 Montgomery Highland Association due are a reoccurring cost that will be an ongoing
obligation of the District.
Paragraph 27
This paragraph indicated that I had met with the third party's representative broker. I had not met the
broker, I confirmed the offer with the Hayes and they gave me a copy of the offer.
330 Distel Circle 650-69i-1204 info@openspace,org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691 048.5 fax www.openspace-Org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
46 zr a
Meeting 04-30 Page 6
Bello Open Space Preserve; indicate your intention to withhold
dedication of the property as public open space at this time. P. Siemens
seconded the motion. The motion passed 7 to 0.
E. Agenda Item No. 5—Proposed Purchase of the Hayes Property as an Addition to
El Sereno Open Space Preserve (Santa Clara County Assessor's Parcel Number
510-27-007); Determine that the Recommended Actions are Categorically
Exempt from the California Environmental Quality Act(CEQA) as Set Out in
This Report, Adopt the Attached Resolution Authorizing Purchase of the Hayes
Property; Tentatively Adopt the Preliminary Use and Management Plan
Recommendations Contained in this Report, Including;Naming the Pro e�rty as an
Addition to El Sereno Open Space Preserve; Indicate Your Intention to Dedicate
the Property as Public Open Space at this Time—(Report R-04-132).
C. Britton introduced the report. He said that the purchase of this property was to
improve public access and District patrol of El Sereno Open Space Preserve.
Normally the District tries not to purchase homes and generally will carve out
developed portions of a property. However, in this case,the property solves an
access problem and is a good place for a future Ranger Residence.
T. Fischer reviewed the Purchase Agreement and noted that there was a bill of
$18,000 for outstanding road repairs which would be paid by the seller. This
propertywas not being Purchased for its open space qualities, rather for its
location and the benefit to the District as enabling the District to manage its open
space as stated by C. Britton. He gave a PowerPoint presentation showing maps
of the property. The property has an ingress and egress easement.
M.Newburn recommended using the house as a Ranger Residence. The house
i would fit a need in the southern area of the District. He explained that having a
Ranger in this residence would enable easier access to many areas of the southern
end of District properties, especially in cases of emergency.
Nitz asked if anyone w livin in the house currently.K. as sT. Fischer stated that
g
the house was previously being used as a rental but that the home was currently
vacant because it was being sold.
M.Newburn added that the location of this property added an emergency exit for
the neighbors of El Sereno.
K. Nitz asked if there is a waiting list for Rangers getting into District housing.
T M. Newburn said that there is, especially for newer Rangers.
jT. Fischer said that Hayes was intent to sell the property and lowered the price to
help the sale. He stated that initially the property would be closed to public use
except for the adjacent homeowners. He added that a District gate would go up
Meeting 04-30 Page 7
immediately upon purchase along with Dis
trict signage. He then reviewed the
Terms and Conditions of the purchase.
L. Hassett asked about the Road Agreement and the annual costs. T. Fischer
replied that the annual cost is $18,000. The homeowners association assessed this
amount. Each homeowner was assessed a dollar amount of approximately
$17,000 for the road repair and there is a$300 annual homeowner association fee.
Mr. Hayes is responsible for paying the current road repair fee.
N. Hanko noted the importance of acquiring this property for the District and how
this property will protect this El Sereno entrance site.
Motion: N. Hanko moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act(CEQA) as set out in this report; adopt Resolution No. 04-
47 authorizing purchase of the Hayes property; tentatively adopt the
Preliminary Use and Management Plan recommendations contained in
this report, including naming the property as an addition to El Sereno
Open Space Preserve; indicate your intention to dedicate the property
as public open space at this time. P. Siemens seconded the motion.
Further discussion continued prior to the final vote.
Discussion: D. Little stated his opposition to this purchase for two reasons, one
being the price, and the other being a problem with the gate location.
M.Newburn stated that cars parked by the tenant(s) of the property
had a history of blocking the access to the Preserve, causing potential
problems in cases of emergency.
D. Little asked how often the area was patrolled and M.Newburn
stated that it is patrolled approximately one to two times per week or
more during busier times.
D. Sanguinetti added his opinion of the importance of acquiring the
Hayesproperty. Hega
ve a brief patrol history of this property. There
were many tenants that lived at the house during the years with cars
parked and blocking access which caused time delays and problems
for patrol staff. He believes that if the District owns this property it
will finally be able to control access by installing a proper District gate
with District locks and eliminating the blocking of the access by cars.
D. Little handed out a list of properties purchased in the past four years
by the District. He stated that he didn't feel this was a good use of
District funds and that they need to think of their constituents and not
serve staff. The Hayes property price is too high and he felt that this
was a potentially bad press and public relations issue. Buying this
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Meeting 04-30 Page 8
property would only solve administrative problems and that there was
no open space value in owning this property.
C. Britton pointed out the potential staging area for this property. He
said that staff would work with the neighbors similarly to Allen Road,
a private road accessing La Honda Creek Open Space Preserve.
K.Nitz stated that he agreed with D. Little. He agreed that the
problem with supplying Ranger Residences was C. Britton's problem.
However, his main issue in opposing the acquisition of this property
was that he felt that staff should not have brought this property
acquisition before the Board in a public session,without a closed
session as was done before for this property. Staff should have
returned to the Board in a closed session.
P. Siemens stated that he had asked C. Britton to keep an eye on the
property and if there was a bona fide offer that he asked that the
acquisition of this property be agendized. M. Davey clarified that any
Board member may ask that an item be agendized; however, K.Nitz
still felt that this particular item was out of line.
L. Hassett asked to hear from any public present at the meeting.
R. Cardinale, chairman of the Montgomery Highlands Homeowners
Association, said there were 26 homes included in the association. He
kR
had spoken with the association's Executive Committee and said that
the overall opinion of the committee was extremely positive towards
the District's acquisition of the Hayes property; however, there was
concern about increased road traffic. They thought that using the
home on the property as a Ranger Residence was a great idea. They
are also afraid that if a private party purchased the property a"monster
home"would be built on the site.
Ranger K. Carlson stated that he had worked for the District for 20
years and his focus has been on El Sereno through the years. He stated
that this was a good location for a possible Ranger Residence.
The Board resumed its deliberations. L. Hassett asked about options
to accessing the property, including San Jose Water site. T. Fischer
stated that there was an easement with San Jose Water near the new
water tank site; however the hillside is unstable and any trail may also
be unstable and unreliable.
C. Britton added that El Sereno is a 1,500-acre preserve and that there
are two other access roads. There is no Master Plan of El Sereno.
Meeting 04-30 Page 9
K.Nitz asked if the site was earthquake safe. T. Fischer said that the
home and site had survived the 1989 Loma Prieta earthquake and that
the home was designed to withstand earthquakes based on the
requirements at the time it was built.
J. Cyr stated that the reason this acquisition was before the Board was
that there was a bona fide offer from a private party. C. Britton stated
that the timeline for the Board to vote on this item was very short and
that the option to purchase the property ended at midnight on
December 15, 2004. His preference would have been to bring this
item before the Board in a Closed Session, but that there was no time
in this case.
J. Cyr said he felt this property has been a critical chokehold in
accessing El Sereno for 20 years. He said the Board needed to pay
more attention to shifting to management of the land and that, although
this was a very expensive purchase, this property has caused a drain of
resources and staff time over the years. Preserves should be open in
multiple places and the District should be better stewards by allowing
access via this property.
D. Little stated that he had an issue with the value of the house versus
the open space value and asked again if there was a legitimate offer
from a third party. T. Fischer stated that he had seen and reviewed the
offer and met the third party's representative broker.
Motion: D. Little moved to table the issue. K. Nitz seconded the motion.
The motion failed by a vote of 3 ayes and 4 nos.
M. Davey returned to the original motion and requested a roll call vote.
D. Little told S. Schectman that this acquisition should have returned to Closed
Session. S. Schectman stated that there was no Board rule requiring that an item,
be returned to Closed Session.
Vote: The motion passed 4 to 3. Directors Hassett, Little and Nitz voted no.
At 9:28 p.m. M. Davey stated that there would be a five-minute break. The
meeting reconvened at 9:35 p.m.
E. Agenda Item No. 6—Grant of Easement to Northern California Presbyterian
Homes and Services for a Berm Easement,Approval of Landscaping License and
Permit to Enter for Undergrounding Utility Lines at Windy Hill Open Space
Preserve, Acceptance of an Easement Modification Deed from Pacific Gas and
Electric, Approval of an Amendment of Easement with SBC California at Windy
Hill Open Space Preserve, and Acceptance of an Open Space and a Conservation