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HomeMy Public PortalAbout19990414 - Minutes - Board of Directors (BOD) Meeting 99-10 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS April 14, 1999 MINUTES I. ROLL CALL i J. Cyr called the meeting to order at 6:33 P.M. i Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Pete Siemens, Deane Little, and Ken Nitz. I Members Absent: Nonette Hanko. I Staff Present: Craig Britton, Sue Schectman, Mike Williams, Del Woods, Malcolm Smith, John Escobar, and Duncan Simmons. I H. CLOSED SESSION At 6:33 P.M. J. Cyr stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 2. I The Board recessed to Closed Session at 6:33 P.M. and the Closed Session commenced at 6:33 P.M. The Board concluded the Closed Session at 7:27 P.M. and J. Cyr called the Regular Meeting to order at 7:32 P.M. He noted that no reportable actions had taken place in Closed Session, and that the Board would adjourn to Closed Session at the conclusion of the Regular Meeting. I Additional Personnel Present:Deirdre Dolan, Duncan Simmons, Peggy Coats, John Escobar, and Randy Anderson. III. ORAL COMMUNICATIONS There were none. I IV. SPECIAL ORDER OF THE DAY I C. Britton noted that staff had reviewed the Castle Rock plan and thought it was excellent work i Jan Anderson, Mountain Superintendent, California State Parks, presented an overview of the Castle Rock General Plan and highlighted its salient points. She paraphrased the mission statement and state park classifications and showed a map of uses and activities. B. Crowder said she had used trails there and in Big Basin and saw this as an opportunity for agencies to cooperate. She highlighted her written comments. i Meeting 99-10 Page 2 i i J. Anderson clarified that there are two full time rangers. They intend to start a baseline analysis i in the fall, which could help in estimating how many rangers would be appropriate. B. Crowder talked about the history of the Skyline to the Sea Trail. C. Britton agreed that between Santa Clara County, the District , and the State, there should be a visitor center at Saratoga Gap. J. Anderson responded to B. Crowder's questions about the campground. She talked about parking fees available parking, volunteers and cam hosts. P 8 � P � � P Bruce Bettencourt, 18474 Grizzly Rock Road, Los Gatos, asked how long it would take to have the parking completed. J. Anderson said the plan would go to the State Park Commission in August. Barry Bolton, Friends of Castle Rock, said there would be major ecological impacts. He talked about the State parks mission, and said this was a money-raising plan. He requested that they review the plan from an ecological and high-quality recreation point of view. J. Cyr made a statement regarding the Board's responsibility regarding the plan, and said he was looking forward to working with the State on the recreation portion of it. B. Bettencourt said the plan remained a development plan to increase revenue and only gave lip service to environmental issues. He said it was an artifact of a past administration and its policies. He talked about the District mission and read from the State code that defined wilderness. He talked about the alternative preferred plan and gave out copies. i I C. Britton said if this was a District preserve the plan might be different, and clarified that the only overlapping jurisdictions with Castle Rock are two parcels on the north side of Skyline. He said the District typically tries to work staff-to-staff; therefore there was no recommended action. He said the District has no camping and the District relies on the County and the State to provide camping. He said staff will not be officially commenting on the plan. J. Anderson clarified that there was no park unit classified as a wilderness within the State park system. Staff and Board thanked J. Anderson. V. ADOPTION OF AGENDA i n: K. Nitz moved that the Board adopt the agenda. P. Siemens seconded the Moto p g motion. The motion passed 6 to 0. i i i Meeting 99-10 Page 3 VI. ADOPTION OF CONSENT CALENDAR i J. Cyr removed claims; K. Nitz removed, agenda item 4,Denial of Claim for Damages Against inst the District and its Officers Submitted by Pietro G. DeNevi, Baseline Development Corporation Inc. and LGCC LLC; and B. Crowder removed the January 27 and February 10 minutes. I Motion: B. Crowder moved that the Board approve the Consent Calendar, including agenda item 2, Final Adoption of a Use and Management Plan Amendment to Permanently Remove the Storm-damaged Grabtown Gulch Bridge Over Purisima Creek,_and to Create a Loon Trail by Rerouting Lower Grabtown Gulch Trail to Connect to Borden Hatch Mill Trail; agenda item 3, Appointment of Grant Thornton as the District's Auditor for the 1998-1999 Fiscal Year and Authorization for the General Manager to Execute the Engagement Letter Agreement in the Amount of$10.100; agenda item 5, Authorization to Change District's Designation of Authorized Signatories for Entering District Safe Deposit Boxes(Mid-Peninsula Bank), including adoption of Resolution 99-13 Establishing Signatories for Entering Safe Deposit Boxes (Mid-Peninsula Bank); and agenda item 6, Authorize the Final Payment in an Amount Not to Exceed $30.000 Under the Retainer Agreement for Legal Services With the Firm of Miller, Starr, and Regalia. K. Nitz seconded the motion. The motion passed 6 to 0. V111. APPROVAL OF MINUTES B. Crowder asked that the January 27, 1999 minutes, page 3, next to last paragraph, be changed to read Santa Clara County instead of San Mateo County. B. Crowder asked that the February 10, 1999 minutes, Special Order of the Day, be changed so the third sentence of the first paragraph would read, "They included Bruce Bettencourt, Friends of Castle Rock; David Shrom (magic teacher and ecologist) who showed slides; Lida Beth Gray, representing Santa Clara Valley Audubon Society; and Barry Bolton, Loma Prieta Chapter of the Sierra Club." K. Nitz asked about the statement in the second paragraph under Agenda Item No. 6 on page 9 of the February 10 minutes, and was informed the memo would be sent. Motion: P. Siemens moved that the Board approve the January 27, 1999, and February 10, 1999 minutes as amended. M. Davey seconded the motion. The motion passed 6 to 0. VIII. BOARD BUSINESS A. Agenda Item No. 1 - Proposed Acquisition and Addition of Munson and Peninsula Open Space Trust Properties to Long;Ridge Open Space Preserve and Grant of Conservation Easements to Save-the-Redwoods League;Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan, Including Naming the Munson and Peninsula Open Space Trust Properties as Additions to Long Ridge Open Space Meeting 99-10 Page 4 Preserve; and Indicate the Intention to Dedicate the Properties as Public Open Space-- (Report R-99-58). C. Britton provided background information, stating that they had looked at different alignments. He referred to the letter from Bonino, noting that staff would draft a reply. D. Woods showed slides of the proposed acquisition and M. Williams outlined the terms and conditions of the acquisition. He explained how a conservation easement works. C. Britton noted that V. Garrod owned the property and sold it to POST. He said the District was getting a good price. 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. 99-11, Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing Officer to Execute Grant of Conservation Easement with Covenants Over Real Property Being Acquired, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Long Ridge Open Space Preserve-Lands of Munson, et al); adopt Resolution No. 99-12, Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, Authorizing Officer to Execute Grant of Conservation Easement With Covenants Over Real Property Being Acquired, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Long Ridge Open Space Preserve-Lands of Peninsula Open Space Trust); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the Munson and Peninsula Open Space Trust properties as additions to the Long Ridge Open Space Preserve; and indicate their intention to dedicate the property as public open space. P. Siemens seconded the motion. Discussion: B. Crowder noted that at the entrance to Portola State Park, there is a plaque stating it is the site of Pages' NO. M. Williams clarified that the reason the Munson acquisition cost more than others is that there is substantial timber value. Vote: The motion passed 6 to 0. B. Agenda Item No. 4-Denial f Claim for Damages Against the District and its Officers Submitted by Pietro G. DeNevi. Baseline Development Corporation, Inc.. and LGCC, LLC - (Report R-99-61 S. Schectman said it is the District's position that the claim in its entirely is without merit. She said the letter states the facts, and there were no secret meetings or negotiations. She Meeting 99-10 Page 5 said this was a matter of potential litigation, and if the Board wanted legal advice concerning the claim, it could be considered in closed session. Motion: P. Siemens moved that the Board deny the claim against the District and its Officers filed by Pietro G. DeNevi, Baseline Development Corporation, Inc., and LGCC, LLC. K. Nitz seconded the motion. The motion passed 6 to 0. IX. INFORMATIONAL REPORTS M. Davey noted that District staff had made a good presentation at the coast side meeting the night before. The Committee talked about the comprehensive plan for the City of Half Moon Bay and the county. K. Nitz noted that eminent domain will be the topic of the next meeting. P. Siemens said he had contacted Los Gatos and other public agencies regarding resolutions of support for saving the Bear Creek Redwoods. He talked about the Guadalupe College issue and the discussions regarding trail connections that have taken place with the developer. C. Britton noted the letter on the subject that D. Woods had written. J. Cyr commented on the coastside meeting, which he had attended the night before. B. Crowder: 1. The San Mateo County Trails Committee has Patrick Miller working with them as a consultant to update their trails plan and do an EK using elements of Santa Clara County's Plan. 2. M. Davey and she were at T. Lempert's breakfast where the Speaker of the Assembly spoke. 3. Committee for Green Foothills had suggested to the Russian Convent that instead of struggling to get a transfer of density credits to the retreat center which is under the Williamson Act, they might want to revise the plan to move the center to the site of the benefactor's house. The item was supposed to be considered by the county planning commission today, but they withdrew the plans. S. Schectman noted that if the convent wished to change their development application, they would need to discuss an amendment to the settlement agreement. K. Nitz referred to C. Britton's letter to the East Bay Regional Park District regarding AB 1578. C. Britton said this was part of the legislative plan approved at a previous meting. In regard to giving money to non-profits, C. Britton said agencies typically do this especially in the land protection business. S. Schectman stated that the law on proper use of funds currently constrains us. D. Little said a letter to the Santa Clara County Board of Supervisors protesting the proposed $5 parking fee at Rancho San Antonio had been circulated. He thought it would be easy to get signatures. C. Britton: 1. FYIs contained a note about PADS setting up an information station. 2. A letter to Arlie giving notice of the extension of the option was also in the FYIs. He said he was still talking to Audrey Rust, Assemblyman Cunneen and Senator Sher. The option to buy the timber would run out April 15. 3. The FYIs contained an announcement by the Bay Area Open Space Council of a free seminar on Friday, May 14, at the Presidio. 4. There was a notice of Sunnyvale's State of the City address to be held on April 21. 5. Mountain View's dedication celebration for Stevens Creek Trail Reach 3 would be held on April 24. 6. The CCC lunch at Meeting 99-10 Page 6 Pulgas was postponed to May 6. 7. They had received notice that the Jacque's Ridge staging area project grant had been approved. 8. J. Escobar and he went to the hearing on our bill AB 1578 (Cunneen). East Bay has a bill regarding expenditure limitation which the District is interested in being included. J. Escobar: 1. The presentations by he and G. Bailhe at CPRS went well. 2. He reminded the Use and Management Committee of a meeting at 6 P.M. on April 22 regarding the permit system for dogs at Long Ridge. 3. Two new rangers started work and another will start next week. X. CLAIMS K. Nitz asked for information on#5904 BY-2 Inc. Semco for underground tank removal contractor he was told it was at Skyline Ridge Open Space Preserve, former Bullis property. Regarding#5905, B. Crowder said they were supposed to plant today. C. Britton said staff will hold the check until they do planting and staff inspects it. S. Schectman thought there was continuing maintenance obligation in the contract. K. Nitz asked about#5908 and#5909 for legal services. S. Schectman said#5908 was for insurance defense work, and#5909 was for the case regarding tree cutting at Thornewood. Regarding#5961, K. Nitz said would like to see an informational poster or plaque regarding the restoration at the site of the work. It should also include thank yous to CCC and volunteers. P. Coats clarified #5884. C. Britton encouraged Board members to call him regarding questions on claims. Motion: M. Davey moved that the Board approve Revised Claims 99-07. K. Nitz seconded the motion. The motion passed 6-0. (B. Crowder voted no on#5905) At 9:48 P.M., J. Cyr announced that the Board would adjourn to closed session to continue discussion on Agenda Items 1 and 2. XI. CLOSED SESSION XII. ADJOURNMENT At approximately 10:15 P.M. the meeting was adjourned. Roberta Wolfe Recording Secretary