HomeMy Public PortalAbout19971210 - Minutes - Board of Directors (BOD) Regional Open Sr- ice
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
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Meeting 97-36
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REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
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December 10, 1997
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MINUTES
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j I. ROLL CALL
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President Mary Davey called the meeting to order at 7:30 P.M.
Members Present: Mary Davey,Betsy Crowder,Ken Nitz,Jed Cyr, Pete Siemens, David
Smernoff, and Nonette Hanko.
Members Absent: None
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Personnel Present: Craig Britton,Malcolm Smith, John Escobar, Sue Schectman, Randy
Anderson, Deirdre Dolan, Michael Williams, and Mary de Beauvieres.
H. ORAL CONEVIMCATIONS -None
III. ADOPTION OF THE AGENDA
Motion* J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 7 to 0.
IV. - ADOPTION OF THE CONSENT CALEND
William Obermayer removed agenda item 6,Denial of Claims Against the District Submitted
by Certain Proper Owners in Portola Park Heights Adjacent to Long Ridge Open Space
Preserve, B. Crowder removed responses to written communications from Robert Anglim
and Sandy Cairns.
Motion: J. Cyr moved that the Board adopt the Consent Calendar including a response
to a written communication from Mr. Bruce Bettencourt, 19474 Grizzly
Rock,Los Gatos, CA 95030; agenda item 5, Sale of Surplus Generators at
Mt. Umunhum. Sierra Azul 012en Space Preserve. to dynamic En=
CoLporation of British Columbia Through a Renewed Agreement with To
Henning Company of Los Altos; Determination that the Prgject is
Categorically Exempt from the California Environmental QuahV Act;
A oar 14 tau
Celebrate 25 Years of open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200
• 1972-1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton
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Meeting 97 Page 2 •
Determination that the Propffly is Unnecessary for District Purposes Under
California Public Resources Code 5563*Authorization for the General
Manager to Renew the Agreement with Tom Henning Company to Market
the Four Diesel Generators Located at the Former Almaden Air Force Station
on Mt. Umunhum*and Authorization for the General Manager to Execute a
Sales Agreement with Dynamic Energy Corporation to Purchase the Four
Diesel Generators Located at the Former Almaden Air Force Station on Mt
Umunhum; agenda item 7, Addition of District Clerk to Designation of
Authorized Signatories for District Accounts. including Adoption of
Resolution 97-41+a Resolution of the Board of Directors of the IVMdpeninsula
Regional nal Open Space District Establishing Financial Instrument Signatories
of the District for Santa Clara County Accounts; Resolution 9742- a
Resolution of the Board of Directors of the Midperinsula Regional nal Open
Space District Authorizing Sigtli_ng and Endorsing Checks and Other
Instruments for General_Checking Account Old-Peninsula Bank), Resolution
9743 a Resolution of the Board of Directors of the Midpeninsula Rcejonal
Open Space District Authorizing Signing of Payroll Related Checks for
Payroll Checking Account (Ud-P .ninsula Rank), and Resolution 97-44- a
Resolution of the Board of Directors of Midneninsula Regional nal Open Space
District Authorizing Telephone Withdrawals. Deposits and Wire Transfers
(Mid-Peninsula Bank); agenda item 8,Cancellation of December 24 Meeting;
and Revised Claims 97-22. K.Nitz seconded the motion. The motion passed
7 to 0.
V. WRITTEN COMMT�NICATIONS
B. Crowder asked that the District's Mission Statement be added to the letter responding to
Robert Anglim. N. Hanko agreed, so long as it did not appear that the District is opposed
to dogs.
Regarding the response to the written communication from Sandy Cairns, C. Britton said
staff had tried to be very direct and answer the concerns in the letter and petition. P. Siemens
suggested that the last sentence be changed to read, ". . . from Foster Road, it would be
considered for localized neighborhood access and only after on-site workshops and public
hearings."
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Motion: P. Siemens moved that the Board approve the amended responses to written
communications from Robert Anglim, 20710 Sunrise Drive, Cupertino, CA
95014, and Ms. Sandy Cairns, 17980 Foster Road, Los Gatos, CA 95030,
and others who signed the petition. D. Smernoff seconded the motion. The
motion passed 7 to 0.
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VI. BOARD BUSINESS
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A. Agenda Item No. 1 -Ac& ptance of hTormational_ Presentation on Behalf of Friends
of Bear Creek Redwoods Regional Preserve (Former Alma College Site)by Vicki
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Moore- Associate Policy Director with Greenbelt Alliance - (Ilenort R-97-161)
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Vicki Moore stated that Friends of Bear Creek Redwoods was composed of 500
individuals and several alliances who are in the process of generating greater
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awareness and support for the preservation of this 1,100 acre property. She described
the location, history of ownership, zoning, and other attributes of the property. Ms.
Moore talked about the previous proposal for a golf course which was unanimously
denied by the County Planning Commission and Board of Supervisors. She said this
property is the second highest priority in the County for open space preservation. She
showed slides of the area including some showing the value of the forest habitat and
the view of Lexington Reservoir. She said comments are due on the draft EIR in early
February. What happens to the property will have an impact on nearby District
preserves. She asked that the District join other agencies and communities in support
of preservation of the property for the use of future generations. She clarified that the
proposal for a 200-acre golf course/country club facility has been officially submitted.
The other 900 acres are in limbo now. She talked about the schedule of Planning
Commission hearings and said she was certain the decision will be appealed to the
Board of Supervisors.
N. Hanko said she was very sorry this land is not in public ownership. While it has
come to the attention of the Board over the years, they thought the State would
acquire the property. She was leased to see there is a group trying to find some wa
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of saving it.
P. Siemens commented that a golf course on this piece of land would open up the
entire basin to commercial development.
William Obermayer asked if Santa Clara County would require dedication of a portion
of the land as open space if the project is approved. Ms. Moore said the owners have
proposed a 60 acre buffer which will be privately owned, as well as a trail along
Highway 17. She added that the land is very rich in habitat value.
Motion: N. Hanko moved that the Board accept the informational presentation
on behalf of Friends of Bear Creek Redwoods Regional Preserve by
Vicki Moore, Associate Policy Director with Greenbelt Alliance, and
Adopt Resolution 9745, a Resolution of the Board of Directors of
the Midpeninsula Regional Open Space District Endorsing Acquisition
and Creation of the Bear Creek Redwoods Regional Preserve. B.
Crowder seconded the motion. The motion passed 7 to 0.
B. Agenda Item No.2-Proposed Addition of Peninsula Open .Space Trust Propcy to
Purisima Creek Redwoods Open Space Preserve; Determination that the
Recommended Actions are Categorically Exempt from the California Environmental
Quality Act; Tentative Adoption of the Preliminary Use and Management Plan_
Recommendations Contained in the Report- Including Naming the Proper as an
Addition to Purisima Creek Redwoods Open Space Preserve, and Indicate the
Board's Intention to Dedicate the Proper as Public Open Spacc,)„- (&12ort R-97-
M. Williams pointed out the property's location and its relation to other District
properties. He showed slides and answered questions about trails and fencing.
Discussion followed regarding whether the trail was built to District standards. I
Escobar stated that if it is an old roadbed, certain things can be done to prevent
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Meeting 97 Page 4
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erosion. C. Britton said the District wants the trail to be used by hikers, but not bikers
as there is no outlet. It is difficult to control the trail uses. N. Hanko said she did not
want to encourage public use of the trail but was satisfied as long as it was a hiking
trail. Regarding putting the trail on a map, C. Britton said he thought it was better
to let people know they are heading into a dead end. The property is very wooded
and steep and no location could be found for a connection from the Lobitos Creek
Trail to Irish Ridge.
C. Britton said staff would return to the Board regarding marking the trails as dead-
end trails after close of escrow.
Motion: D. Smernoff 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 9746, a
Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance ce of Pur
chase Agreement,
AuthorizingOfficer to Execute Certificate of Acceptance of Grant to
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District, and Authorizing General Manager to Execute Any and All
Other Documents Necessary or Appropriate to Closing of the
Transaction(Purisima Creek Redwoods Open Space Preserve-Lands
of POST). P. Siemens seconded the motion. The motion passed 7 to
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C. Agenda Item No. 3 -Acceptance of an Amendment to Agreement to Purchase Fee
Determinable Estate from Jacob and Tamara Guenther for the Proposed Sale of a 50-
Year Interest in a 10-Acre Surplus Parcel Adjoining SWine Ridge Open Space
Preserve and Authorizing District Financing by Means of a Secured Promissory Note
and First Deed of Trust - (Report R-97-167)
M. Williams presented the staff report which explained the reasons for the amendment
to the agreement. He answered questions about the financing.
S. Schectman emphasized that the District has the authority to decide how it will
dispose of property and did not have to conduct competitive bidding. In terms of the
financing, there are protections built in by the first deed of trust in the event of
default.
Motion: P. Siemens adopt Resolution 9747, a Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District
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Approving and Authorizing Entering Into an Amendment to
Agreement to Purchase Fee Determinable Estate for the Sale of the
Surplus Property, Authorizing District Financing by Means of a
Secured Promissory Note and First Deed of Trust and Authorizing
General Manager to Execute Any and all Other Documents Necessary
or Appropriate to the Transaction (Skyline Ridge Open Space
Preserve- Sale of Surplus Property to Guenther). K. Nitz seconded
the motion. The motion passed 7 to 0.
D. Agenda Item No. 4-Annual Dedicating Interests in Certain District Lands for Public
Open Space Purposes- (Report R-97-163)
Meeting 97-36 Page 5
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C. Britton outlined the staff report, stating that of the 42,037 acres preserved by the
District, 69.62% would be dedicated after dedication of 262 acres at this time.
Motion; N. Hanko moved that the Board adopt Resolution 97-48, a Resolution
of the board of Directors of the Midpeninsula Regional Open Space
District Dedicating Interests in Certain District Lands for Public Open
Space Purposes. P. Siemens seconded the motion. The motion
passed 7 to 0.
E. Agenda Item No. 6 - Denial of Claims Against the District Submitted by Certain
Property Owners in Portola Park Heights Adjacent to Long Ridge Q e�nace
Preserve. - (&eport R-97-166)
S. Schectman thanked Diane Blackman, research attorney, for her work on the project
and presented the staff report. She said the indemnity and gate agreements are
available for property owners to sign. She concluded that there appears to be no legal
basis to approve the claims.
M. de Beauvieres described the fencing, gating and signing. She said the plan before
the Board at this time moves the gate and proposes some additional fencing. She
explained the advantage of moving the gate and said there are signs asking people to
remain on the trail and not use the road. In her opinion, it would not be a problem to
move the gate and the opening is too narrow to allow a vehicle to pass through.
Mr. Obermayer said the drawing showing fencing on both sides of the road was
incorrect.
When asked about completion of the plan, C. Britton said fencing will be installed as
necessary to ensure people cross the road in the correct location and he thought the
project was finished with the exception of the gate. M. de Beauvieres has completed
her work with PG&E and Caltrans and the residents are responsible for putting in the
gate.
M. de Beauvieres clarified which fencing and gating would remain when the plan is
completed. C. Britton noted that it was not necessary to put in the electric gate as
there is a manual gate there. However, the District agreed to put in$10,000 toward
installation of the electric gate.
S. Schectman said the District will have a say in the design of the electric gate and in
order to get the $10,000 there must be evidence that the gate is working.
M. de Beauvieres explained that during electric failures the backup gate opens and
stays open until power is restored. Also,there is a pedestrian gate built into the larger
gate. She said if the District damages the gate, we fix it.
Mr. Obermayer said he did not hear about the property owner agreement and staff
was not willing to meet with everyone. He said the District is taking this private road
away from him to benefit the public and in so doing is damaging him. He stated that
people are not willing to commit to maintaining a gate at the proposed location if the
public will be allowed to use the road inside the gate. He said the counter-proposal
Meeting 97-- Page 6
has been agreed to by 25 property owners. He said they were willing to rewrite the
indemnity and gate agreements to reflect their counter-proposal. He said he believed
a fair solution is possible and he was available for discussion. He said there are no
written notes of the private meetings held with some of the property owners.
N.Hanko noted that she was not present at the meeting on the subject and asked how
the agreement had been reached. C. Britton said they met with elected representatives
of the property owner's association several times and talked about the design of the
trail crossing and the indemnity agreement which had to do with the trail crossing and
the condition of the road. They reached agreement with them. The District worked
on the undergrounding of utilities with PG&E and Caltrans but when the subject
claims were received, work was stopped.
M. de Beauvieres referred to the report from the September 25 meeting contained in
the packet. She said there were a number of meetings and notices and copies of the
agreements were sent to property owners.
Lesley Wadsworth, resident of Portola Heights, referred to a list of those who signed
the counter proposal and said it included 25 property owners. She cited the five
points in the proposal that would satisfy Portola Heights residents. She said half of
the signers of the petition had filed claims.
S. Schectman said that besides the one trail crossing issue, it does not seem like we
are very far apart on the issues of indemnity and gate maintenance. She said she
would be glad to talk to the claimants.
Mr. Obermayer repeated the offer to rewrite the agreements and said they are
interested in a permanent solution. He is also available to talk to District
representatives.
M. Davey said the information will be referred to staff.
Motion: B. Crowder moved that the Board deny the claims against the District
filed by certain property owners in Portola Park Heights. P. Siemens
seconded the motion. The motion passed 7 to 0.
VII. INFORMATIONAL REPORTS
B. Crowder had received a phone call from Mr. Zatkin regarding the bicycle accident. He
also had a question about historical artifacts at Purisima Creek Redwoods and El Corte de
Madera Creek Open Space Preserves. J. Escobar said there is a letter in the display area of
Ken Fisher's store that says the artifacts are property of the District and are on indefinite loan.
B. Crowder had attended a meeting of the Castle Rock Citizens' Advisory Committee
regarding the master plan for the park. She reported that Portola Valley had questions
regarding why the parking lot is not finished. She, J. Cyr, D. Smernoff, and M. Davey
attended a meeting of the ECDM Task Force. She commended staff for a superb job during
the previous year.
N. Hanko said the Coastal Ad Hoc Committee will be receiving preliminary results of the
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survey at their next meeting and will be reporting to the Board on February 11.
I Cyr echoed B. Crowder's commendation of staff and described his experience during his
first year on the Board.
D. Smernoff mentioned the Friday event at Thornewood thanking the volunteers who had
taken down the barn. He thanked N. Hanko and M. Davey for helping put the process
together.
M. Davey reported she attended the Santa Clara County Planning Department planning
seminar in conjunction with Greenbelt Alliance.
1 C. Britton reported as follows: 1. He M. Smith and M. Dave met with Anna Esh
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others regarding the San Mateo County coast. Those they have met with are encouraging and
theyare to meet with everyone before they come back to the Board. 2. The BayArea
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Open Space Council's next job is to get funding for the Bay Area Program of the Coastal
ConservancY(SB 1048-Sher) and $85 million has been proposed. They expect a park bond
act on the ballot,possibly approaching$1 billion. 3. The management letter from the auditor
has been received and staff will be responding. The letter contained a great tribute to Bunny
Congdon our Accounting Specialist. 4. He announced that the administrative offices will
be closed December 20-28. 5. He referred to the clipping about Audrey Rust being among
the first in the area to get an electric car.
I Escobar presented an update on the injury accident that occurred on November 25. He also
said that staff had interviewed four prospective consultants for the operations program study.
M. Smith referred to the resolutions of appreciation and commendation received from
Monterey Peninsula and Marin County regarding the District's 25th anniversary.
D. Dolan announced the holiday toy drive d said toys will be donated to the
Salvation
Army.
VM. ADJOURNWNT
The meeting was adjourned at 9.40 p.m Roberta Wolfe
Recording Secretary