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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-07
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
March 10, 1999
MINUTES
I. ROLL CALL
President Jed Cyr called the meeting to order at 6:32 P.M.
Members Present: Deane Little, Peter Siemens, Mary Davey, Betsy Crowder, Nonette Hanko,
Ken Nitz, and Jed Cyr
Members Absent: None
Personnel Present: Craig Britton, Sue Schectman
II. CLOSED SESSION
J. Cyr stated that the Board would adjourn to closed session for the purpose of discussing Closed
Session Agenda Item 1.
The Board recessed to Closed Session at 6:32 P.M. and the closed session commenced at 6:35
P.M. The Board concluded the Closed Session at 7:00 P.M. and J. Cyr called the Regular
Meeting to order at 7:30 P.M. He noted that no reportable actions had taken place in Closed
Session.
Additional Personnel Present: Del Woods, Deirdre Dolan, Randy Anderson, John Escobar, Jodi
Isaacs, Michael Williams, Lisa Zadek
III. ORAL COMMUNICATIONS
Steven Stuckey, 22600 Prospect, Saratoga, said he fives adjacent to Fremont Older Open Space
Preserve, and talked about the following safety issues in the parking lot: 1) It is uncontrolled and
was created without permits or review from the county and the road is not up to county minimum
standards; 2) On November 18, 1998, the Board approved expanding the lot from 23 to 33 stalls
with the option of expanding to 120 stall; 3) It has been known since 1976 that the District failed
to go through the permit process. The lot is not striped, there are no signs (no parking or fire
zone), and there are no rangers. He requested that they close down the lot now and go through
the county planning process for permits. He passed out pictures of the area.
330 Distel Circle * Los Altos, CA 94022-1404 - Phone: 650-691-1200
FAX:650-691-0485 * E-mail: mrosd@openspace.org a Web site:www,openspace,org
Box(]of Oirectorc:Pete Siemens,Mary C.Davey, led Cyr, Deane tittle, Nonette Fianko,Betsy Crowder, Kenneth C. Nitz - General Manager:L.Craig Britton
Meeting 99-07 Page 2
Linda Stuckey, 22600 Prospect, Saratoga, said they have an easement. The Board took action in November
1998 to build the parking lot on the easement. She said her husband took action and talked about the District
response. She said they have asked that the portable restroom be moved off the easement.
R. Anderson described the alternatives considered by the Board and said there had been an extensive study. The
alternatives were narrowed down by staff and the presentation to the Board focused on three. Of those, the
Board selected the alternative of improvingh t e existing lot. The improvement is not in the current year work
g P Y
program, although it might be included in next year's.
Gillian Tab, 12344 First Fork Road, Los Gatos, said she lived by Saratoga Gap Open Space Preserve. She said
she was an equestrian, hiker, mountain biker, and does volunteer trail patrol. It had come to her attention that
the Board did not receive the logs the Trail Patrol had completed. She said the preserve was overrun with
mountain bikers and has become a dangerous situation. She said they had written many letters to the District,
and had been told nothing could be done because the District's policy to allow multi use. The District tried to
help by grading and widening the trail. She understood the District had the easements to build an alternate trail
but did not have the staffing and funds. She said her group could help find the staffing and funds. There is an
urgent need for action to fulfill the needs of displaced hikers and equestrians. On one occasion, they counted 80
bikers, four hikers, and no equestrians in four hours. She invited Board members to hike the trail and experience
their dilemma. She said they were proposing the Old Pescadero Road as an alternative trail. D. Little suggested
that she get her name on the District's mailing list for minutes.
IV. ADOPTION OF AGENDA
J. Cyr asked that Item 5 be moved to the first item for consideration.
Motion: M. Davey moved that the Board adopt the agenda with the order amended to consider Item 5 at
the beginning of Board Business. P. Siemens seconded the motion. The motion passed 7 to 0.
V. ADOPTION OF CONSENT CALENDAR
J. Cyr and B. Crowder removed the draft reply to a written communication from Mr. Michael Murphy, 2100
Lobitos Creek Road, Half Moon Bay.
Motion: P. Siemens moved that the Board adopt the Consent Calendar, including approval
of minutes of the December 16, 1998, and January 12, 1999, Special Meetings, and the January
13, 1999, Regular and Special Meeting; Agenda Item 4, Authorization for the General Manager
to Execute a Purchase Contract with the State Department of General Services to Purchase Two
Patrol Trucks and Two Crew Trucks at a Total Cost of$89,993, and Revised Claims 99-05. K.
Nitz seconded the motion. The motion passed 7 to 0.
VI. WRITTEN COMMUNICATIONS
Reply to a written communication from Mr. Michael Murphy, 2100 Lobitos Creek Road, Half Moon
Bay.
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Meeting 99-07 Page 3
J. Cyr noted two minor changes to the letter as originally drafted.
B. Crowder suggested adding wording that, at its March 9, 1999 meeting, the CAC did not recommend
adding more members to its group. N. Hanko said the word "recommend" did not accurately reflect what
happened; they actually took no position, stating it was the Board's decision.
Discussion followed regarding inclusion of points in a letter from April Vargas, which addressed some
inaccuracies in Mr. Murphy's letter.
Motion: B. Crowder moved to approve the draft letter as amended. M. Davey seconded the motion.
Discussion: Michael Murphy said he would appreciate it if they would address those inaccuracies.
Board members and staff discussed whether to address the inaccuracies in Mr. Murphy's
letter and whether to place his request on a future agenda.
Vote: The motion passed 6 to 1 (Director D. Little voted no).
VII. BOARD BUSINESS
A. Agenda Item No. 5- Approval of Agreement for Option and Purchase of Real Property of Lands
of the Arlie Land and Cattle Company, Lease'and License of Certain Arlie Property, Approval of
Timber Rights Options: Determination that the Recommended Actions are Categorically Exempt
from the California Environmental Quality Act: and Tentative Adoption of the Prelimin4a Use
and Management Plan. Including Naming the Proper the Bear Creek Redwoods Open Space
Preserve. and Approve an Additional Payment of$35,000 to Miller, Starr Regalia for Legal
Services—(Report R-99-07).
C. Britton talked about the terms of the agreement, and showed the four parcels included in the
agreement: Upper Property—West of Bear Creek Road, Upper Property—East of Bear Creek
Road, Mellot's Parcel, and Lower Property. He summarized the agreement.
C. Britton said they wanted the nine-year agreement because of Subdivision Map Act
requirements. The District would be putting up $10.5 million. $500,000 is for the Mellot's
parcel which Arlie Land and Cattle Co. would have the right to reacquire from the District any
time within five years, or the District would receive title to it. The other$10 million is secured by
deed of trust against the Upper Property. The repayment opportunities of$10.3 million on the
Lower Property would also be secured by a deed of trust.
The District has guarantees that Arlie will actively and vigorously pursue development, or it
would be a breach of agreement and the District could file a suit to compel them to go forward.
C. Britton said he thought the odds of getting the$14.5 million by the end of the month were
about 50-50.
S. Schectman noted that there were a variety of option-triggering events.
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Meeting 99-07 page 4
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Regarding extending the option to purchase the logging rights beyond April 15, C. Britton said he
thought Big Creek was interested in working with the District. He said Big Creek has green
certification and would like to be involved in a program where there is an environmental
preservation effort. He said if there was logging, Big Creek would do as good a job as anyone.
He thought any extension would include some timber harvesting.
N. Hanko talked about the logging Big Creek did on what is now El Corte de Madera Open
Space Preserve, and said they were very sensitive about the environment.
1). Woods showed overheads and slides of the property and outlined the terms and conditions of
the agreement.
C. Britton added that there is a provision in the lease that in the event the agreement is unwound
the District would get back up to $75,000 for out-of-pocket expenses for gating and fencing.
Staff wouldbe closing the sit
e becauseth
eYcouldn'
t promise that i t would be open for any
specific period of time. He said staff may work with the equestrian facility for some trail patrol on
the property, and would work with the caretaker on the Lower Property. He referred to
resolutions and letters supporting the acquisition.
S. Schectman noted that there were letters in the packet from attorneys for people not supportive
of the acquisition.
Candy Wozniak, Summit Road, (no slip) said the parcel has no access on Summit Road. She was
in favor of the purchase and said she would advocate mountain bikers on this land.
Harry Haeussler, 1094 Highlands Circle, Los Altos, said the District has expressed an interest in
agriculture. He asked if someone was interested in operating the vineyards, would the Board
approve it? He suggested that if Ms. Wozniak got a guarantee that the District would allow
mountain bikers, she might give them an easement.
Paul Smith, San Jose, (no slip) said he spent time on the lower part at Bear Creek Stables, and
said they do patrol trails. His recommendation was to get the timber rights if possible.
Theresa Nemith, Santa Clara(no slip), Sierra Club, said she was in favor of the District
purchasing the land.
C. Britton said the possibility of state or federal funding was not on the table at this time. He said
if they had a two-year option, they might pull together grants. He thought this was their final
chance to acquire any of the property.
N. Hanko said they have looked at this property since 1975 with the idea of preservation and
agreed this was the last opportunity they will have. She asked for any help to acquire the rights to
the trees.
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M. Davey said she hoped they could find the additional money. She praised an article that
appeared in the Sam Jose Mercury News,
Motion: M. Davey 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. 99-07 a, Resolution of the Board of
Directors of the Midpeninsula Regional Open Space District Approving and
Authorizing Execution of the Agreement for Option for Purchase of Real Property
for the Lands of Arlie Land and Cattle Company, Including the Lease and License
and the Timber Rights Options; tentatively adopt the Preliminary use and
Management Plan recommendations contained in the staff report, including naming
the property the Bear Creek Redwoods Open Space Preserve; and authorize the
General Manager to make an additional payment for legal services in the amount
of$35,000 to the law firm of Miller, Stan, and Regalia. P. Siemens seconded the
motion.
Discussion: D. Woods clarified that, during the term of the lease, the southern portion of the
property that is relatively inaccessible is not open for public use but for patrol
maintenance and emergency purposes. If we are able to acquire the upper
PPer
property we would acquire an easement over the Lower Property which would
include public access. He said the soils around the vineyard had not been tested.
Bob Craigmile (no slip) asked if they could split the purchase of the timber and
perhaps purchase timber rights in the inaccessible portion. C. Britton said anything
was possible but currently all they have is the right to obtain all the timber for$5.2
million. He said if the District owns the land and not the timber it would be a very
difficult situation. They could monitor or sell the timber rights.
Celia Thompson-Taupin (no slip) said she lived at the end of Chase Road,
surrounded by this property. She asked it in two or three years, Arlie sells the
property to someone else and someone came along with $14 million, there would
be an opportunity to purchase it. C. Britton said everything is for sale at a price but
he would assume it would cost a lot more than $14.5 million. He said it is ripe for
development of this kind.
D. Little said his concerns had been that the deal was complex and seemingly risky.
He thanked staff on the job of putting the deal together. He thought the property
was well worth pursuing. J. Cyr commended staff.
S. Schectman introduced Robin Kennedy from Miller Starr and Regalia and noted
that she and Lance Anderson were primarily responsible for a lot of the work
done. She also introduced Scott Rogers, attorney for Arlie.
P. Siemens said all elements were taken care of and thanked staff and others who
worked on the project.
Meeting 99-07 Page 6
Vote: The motion passed 7 to 0.
There was a recess from 9:13-9:35 P.M.
B. Agenda Item No. 1 -Final Review of Basic Policy Objective 2. Open Space
Management_ Policy c. Recreational Use and Improvement—(Report R-99-41).
R. Anderson presented the staff report including objectives.
Linda Elkind, 14 Hawk View, Portola Valley, gave the plan her full support, stating that it
was a sensible, workable policy.
Marilyn Walter, 20 Coyote Hill, Portola Valley, repeated M. Elkind's views and
congratulated the Board on their patience.
C. Britton noted that the proposed language was a compromise.
Motion: N. Hanko moved that the Board adopt as final the Basic Policy language
for Objective 2, Open Space Management, Policy c, Recreational Use and
Improvement, tentatively adopted February 10, 1999. P. Siemens
seconded the motion. The motion passed 7 to 0.
C. Agenda Item No. 2 -Presentation of Budget for Fiscal Year 1999-2000
a) Controller's Report—(Report R-99-381.
M. Foster outlined estimated income including an 11% increase in tax revenue. He
reported on grant, interest and rental income, and other income including fines, fees, and
cash donations. He explained that "defease" means prepay, or set the money aside in
escrow and take off the books. It is also called advance refund.
b) Staff Report—(Report R-99-39).
C. Britton presented an overview of the budget and talked about proposed staffing
changes, including five new full-time positions, one new half-time position, and changing
the half-time Planning Secretary position to full-time. He referred to the 6%budget
growth guideline and a proposed organizational chart which were included in the report,
and explained how the reorganization would work. He said the planning team model had
been experimental. After working with a consultant, the team agreed that a hierarchical
system was a better way for them to work and accomplish their goals. C. Britton said the
new research attorney will be starting on March 22.
C. Britton talked about the 6%budget growth guideline. He said the coastal annexation
would not be part of the guideline. He said the budget is $28,000 above the guideline.
Meeting 99-07 Page 7
The Budget Committee agreed that is within tolerance. The Budget Committee will be
recommending approval of the 6 %budget growth guideline and the capital improvement
guideline.
Open Space Acquisition and Land Protection Program
M. Williams gave a brief summary of the report. He asked that the figure of$16.6 million
in the first paragraph, last sentence, be changed to $40 million. C. Britton noted that the
acquisition plan and budget will come back the next meeting.
Planning Proms
R. Anderson explained the increases in salaries and benefits and services and supplies. N.
Hanko thanked him for singling out expenses associated with the coastal annexation. C.
Britton commented that the Budget Committee provided thoughtful oversight.
Operations Program
J. Escobar passed out the five-year capital equipment schedule and said the primary goal
was to address immediate safety concerns of staff. That was addressed by adding two
new rangers positions. He said the radio system was under study, and there was no
funding of radio system improvements in this budget.
Public Affairs Program
M. Smith outlined the staff report. Discussion followed about how to deal with getting
accurate information to the coastside residents. M. Smith said he thought staff could be
more aggressive in responding to inaccuracies directly through the Half Moon Bay
Review. In addition, staff maintains an interested parry's mailing list and an email list.
Administration Program
D. Dolan outlined the Administration Program Budget. A new telephone system that is
Y2K compliant has been budgeted.
D. Agenda Item No. 3 - Tentative Adoption of a Use and Management Plan Amendment to
Reroute Grabtown Gulch Trail and Authorization to Solicit Bids to Repair Storm Damage
on Purisima Creek Road at Purisima Creek Redwoods Open Space Preserve;
Determination that the Project is Categorically Exempt from the California Environmental
Quality Act; and Authorization for Staff to Solicit Bids for Storm Damage Repairs to
Purisima Creek Road and for the Removal and Possible Relocation of the Grabtown Gulch
Bridge, With an Estimated Project Cost of$230,000 for this Phase—(Report R-99-37).
Meeting 99-07 Page 8 �
R. Anderson introduced Tim Best, geologist and hydrologist. He reviewed the staff
report, and answered questions about the additional bridges discussed on page 3. He
talked about the new location of the Grabtown Bridge.
R. Anderson said there was an argument for closing the trail because it is along the creek,
but given the benefit and needs assessment, this was a reasonable compromise.
C Britton said he hated to lose the ability to travel the whole road, but did not see another
practical or cost-effective option.
Motion: N. Hanko moved that the Board determine that the project is categorically
exempt from the California Environmental Quality Act (CEQA)based on
the findings contained in the staff report; tentatively adopt a Use and
Management Plan amendment to permanently remove the storm-damaged
Grabtown Gulch Bridge over Purisima Creek, and to create a loop trail by
rerouting lower Grabtown Gulch trail to connect to Borden Hatch Mill
Trail; and authorize staff to solicit bids for storm damage repairs to
Purisima Creek Road and for the removal and possible relocation of the
Grabtown Gulch Bridge, with an estimated project cost of$230,000 for
this phase. P. Siemens seconded the motion. The motion passed 7 to 0.
VII INFORMATIONAL REPORTS
Tim Best said he is working in El Corte de Madera Open Space Preserve now and had looked at
trail segment 79.
N. Hanko said the Coastal Advisory Committee met last night and decided they wanted voting
alternates. The next meeting is March 30.
B. Crowder reported as follows: 1). The San Mateo County Parks Foundation has an office in
Park and a new Director, Julia Bott. 2). She asked if the Board was going to get volunteer
trail patrol reports. M. Smith said staff is working on getting the right format for the report. 3).
There was a hearing about the nuns at the San Mateo County Planning Commission. The matter
was continued until April 14. S. Schectman reminded Board members about their agreement greement not
to take a position on this matter.
D. Little described his hike from Rhus Ridge to the top of Black Mountain.
S. Schectman referred to a New York Times article about Thomas Reade in the FYIs regarding his
being instrumental in the headwaters deal. Regarding the Thornewood litigation, there was a fire
at the residence and insurance companies have stepped in.
C. Britton reported as follows: 1). He had copies of POST's new newsletter. 2). He attended
the last Wallace Stegner lecture at which Robert Redford spoke. Galen Rowell will speak at the
next one. 3). The state will make a presentation regarding the Castle Rock plan if the Board is
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Meeting 99-07 Page 9
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interested. 4). He referred to a letter from Mayor Gary Fazzino regarding the Palo Alto State of
the City address on March 22 at 5:45 P.M. 5). He will be meeting with Sup. Joe Simitian on
March 18 about fees at Rancho San Antonio. 6). He reminded everyone about the workshop on
Saturday March 13 from 8:30-12, then the ad hoc committee will meet in the afternoon. Tim Kent
will be there.
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VII. ADJOURNMENT
At 11:35 P.M. the meeting was adjourned.
Roberta Wolfe
Recording Secretary