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HomeMy Public PortalAbout19990526 - Minutes - Board of Directors (BOD) Regional Open *ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-13 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS May 26, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 6:30 P.M. Members Present: Betsy Crowder, Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, and Deane Little Members Absent: None Personnel Present: Craig Britton, Sue Schectman, Del Woods, Michael Williams, John Escobar, Randy Anderson 11. CLOSED SESSION J. Cyr stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session agenda Items I and 2. The Board recessed to Closed Session at 630 P.M. and the Closed Session commenced at 6:35 P.M. The Board concluded the Closed Session at 7:31 P.M. and J. Cyr called the Regular meeting to order at 7:34 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Personnel Present: Peggy Coats, Carleen Bruins, Mary de Beauvieres, Lori Raymaker, Paul McKowan 111. SPECIAL ORDER OF THE DAY 1. Introduction of New Docents and Trail Patrol Volunteers-- C. Bruins C. Bruins introduced new docents who had recently completed 52 hours of classroom and field studies. She also introduced five outdoor education docents who had completed their training last fall, noting that the program will be offered twice this year. P. McKowan introduced hikers, bicyclists and dog-walkers who participated in the volunteer trail patrol training. C. Bruins noted that the official graduation would take place at the Cheers for Volunteers event on June 24. 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:050-691-1200 FAX: 650-691-0485 # E-mail: mros(l@ol)etispace.org * Web site:www.openspace.org Bo'lrdw Offe(tors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanker, Bow Crowder, Kenneth Nitz - G_Oner.dWn,i wt:L.Craig Britton Meeting 99-13 Page 2 Board members thanked staff and volunteers. N. Hanko expressed appreciation for the suggestions docents offer to improve the District's trails and programs. J. Cyr thanked the Docents and Volunteers on behalf of the District Board of Directors. 2. Resolution Honoring Verl Clausen, Retiring Director Sempervirens Fund. C. Britton noted that the date of the resolution should be May 26. Motion: M. Davey moved that the Board adopt Resolution 99-18, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoringand Commending Verl Clausen Upon His Retirement From P Sempervirens Fund. P. Siemens seconded the motion. Discussion: B. Crowder said Clausen would be missed and that the position is a hard one to fill. Vote: The motion passed 7 to 0. IV, ORAL COMMUNICATIONS Harry Haeussler, 1094 Highlands Circle, Los Altos, said that during his absence from Board meetings he had received agendas, and asked if an organization chart including individual's names was available. Staff will provide one for Mr. Haeussler and for all Board members. V. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. M. Davey seconded the motion. The motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR K. Nitz removed agenda item 4, Authorization for the General Manager to Request a Shortened Review Period From the State Clearinghouse for the Proposed Negative Declaration to Purchase Lands of Arlie Land and Cattle Company to Establish the Bear Creek Redwoods Open Space Preserve. B. Crowder suggested that the reply to the letter from Ms. Paula Terrell contain reference to the fact that the project referred to is located in Cupertino and was approved by that agency. C. Britton said that information would be added. D. Little was informed that the radio control gliders referred to in the written communication from Wayne M. Peterson were silent. Motion: B. Crowder moved that the Board adopt the Consent Calendar, including approval of the minutes of the March 24, 1999 Special (Workshop) and Regular Meetings; replies to written communications from Mr. Peter LaTourette, via electronic mail, petelatl@Stanford.edu;Ms. Paula Terrell, 1228 Brentmoor Way, San Jose, CA, I Meeting 99-13 Page 3 95129, as amended;Mr. Wayne M. Peterson, Wayne M. Peterson Company, 212 Chapman Road, Woodside, CA 94062; and Ms. Paula Welmuth, 2468 Porterfield Court Mountain View Ca 94040; agenda item 3 Authorization for the Gene ral ral Manager to Execute a Right of Entry With CalTrans for Emergency Repairs to State Highway 35 (Coal Creek Open Space Preserve): and Revised Claims 99-10. K. Nitz seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 -Proposed Addition of Undivided Three-Quarter Interest in the Hubenette Property to Cathedral Oaks Area of Sierra Azul 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 Pllm Including Naming the Hubenette Property as Addition to Sierra Azul Open Space Preserve; and Indicate the Intention to Withhold Dedication of the Property as Public Open Space at this Time—(Report R-99-79� D. Woods presented the staff report and slides, and showed the location of the property. M. Williams outlined the terms and conditions of the acquisition. S. Schectman explained that quiet title is a legal procedure where you can clear up and take off any cloud that might be on the title. It is usually a summary process. C. Britton talked about the involved process of acquiring the three-quarters interest in the property, noting that M. Williams had spent a lot of time sorting out title and negotiating this transaction. Motion: B. Crowder 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 99-19, A Resolution Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Sierra Azul Open Space Preserve -Lands of Hubenette Et Al.); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the Hubenette property as an addition to Sierra Azul Open Space Preserve; and indicate their 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. B. Agenda Item No. 2 - Authorization for the General Manager to Execute a Permit to Enter Allowing Dirk and Charlene Kabcenell and Their Contractors to Enter Windy Hill Open Space Preserve for the Purpose of Collecting Survey Data and Conducting Geological Tests to Determine the Feasibility of Constructing an Alternate Access to the Adjacent Private Meeting 99-13 Page 4 Property from Alpine Road and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act—(Report R-99-78). M. de Beauvieres presented the staff report. She said the access from Alpine Road that did not cross District property was very steep and geologically unstable. The alternate alignment involved bridging El Corte de Madera Creek. She talked about the advantages and disadvantages of this alignment. She said a red-legged frog, a threatened species, had been found in Sausal Pond. P. Siemens said he thought the District should do whatever they can to facilitate access from Alpine Road. M. de Beauvieres said the proposed driveway would cross two trails. Staff has talked about the possibility, of installing a new trail once trail users cross the creek on the bridge if feasible. D. Little asked what the advantage was to the District of allowing a shorter driveway which would involve destruction of habitat when there is a road. M. de Beauvieres said there were a number of issues. Because of the development of parking along Portola Road, staff felt this was the best alignment. If the patrol road was developed to accommodate residents it could be paved. C. Britton noted that when staff originally negotiated staff wanted them to come in off Alpine Road, mainly because of conflicts with preserve users. He said this was a much more sensitive approach and staff feels this would benefit the District. The bridge would improve patrol access. In regard to the type of vegetation, M. de Beauvieres said there was some open grassland, with riparian vegetation around the creek. She said they might have to cut a few trees, but Portola Valley is very careful. Trenching would be similar to what went on in the meadow. There would be a maximum of 150 feet total, from 5 to 15 feet deep. Regarding D. Little's concern about trenching being destructive to the root zone of trees, S. Schectman said a condition could be added to the permit. Bob Stocker, the Kabcenells' architect, said they are extremely sensitive to the environment and will try to avoid every tree. Trenching is required to find the San Andreas Fault trace. He said there are several places to trench that would not impact trees at all. He explained how geologists determine the location of the trenches. In regard liability with the trenching, S. Schectman said the District has complete indemnity. H. Haeussler expressed support for the bridge, noting it would be a big help to users by providing an entrance to the area. Motion: B. Crowder moved that the Board determine that the project is categorically exempt from CEQA, based on the findings in this report; and authorize the General Manager to execute the Permit to Enter allowing the Kabcenells and two contractors to access Windy Hill Open Space Preserve for the purpose Meeting 99-13 Page 5 of collecting survey data and conducting geological tests to determine the feasibility of constructing an alternate access to the adjacent private property from Alpine Road. M. Davey seconded the motion. Amendment: D. Little moved that a condition be added to the contract be amended to provide that staff review the line of the trench in order to minimize damage to the tree root zones. K. Nitz seconded the motion. The motion passed 7 to 0. Vote on main motion. The motion passed 7 to 0 C. Agenda Item No. 4, Authorization for the General Manager to Request a Shortened Review Period From the State Clearinghouse for the Proposed Negative Declaration to Purchase Lands of Arlie Land and Cattle Company to Establish the Bear Creek Redwoods Open Space Preserve S. Schectman answered questions about negative declarations, explaining that under CEQA an environmental review must be conducted for any project. The review process is three- tiered: 1. Categorical exemption. 2. Negative declaration which requires going through a checklist of impacts, and 3. EIR(environmental impact review), which is the most extensive review. She also noted that a government agency is required by law to comply with CEQA before taking final action. Motion: K. Nitz moved that the Board adopt Resolution 99-20 a Resolution Authorizing the General Manager to Submit a Request to the State Clearinghouse for a Shortened Review Period for Proposed Negative Declaration Under the California Environmental Quality Act (Proposed Establishment of Bear Creek Redwoods Open Space Preserve-Purchase of Lands of Arlie Land and Cattle Company); M. Davey seconded the motion. The motion passed 7 to 0. VIII. INFORMATIONAL REPORTS N. Hanko congratulated M. Davey on being appointed to the County Committee on Stanford Land. She and B. Crowder will also be attending the meetings. M. Davey thanked N. Hanko for her gracious response and said she would do her best to represent all interests. N. Hanko reputed that last night's meeting of the Coastal Advisory Committee was canceled by Sup. Gordon. C. Britton said R. Anderson will take more of a leadership role, and he will meet with Sup. Gordon on a regular basis. He believes they will see a change in the direction of how meetings are run. Meeting 99-13 Page 6 P. Siemens: 1. There will be a Special District Association lunch meeting June 3 in Sacramento, and 2. Regarding the new sound system, M. Smith said they had received almost all the equipment. M. Davey: 1. B. Crowder and she attended the annual meeting for Committee for Green Foothills, and 2. She attended the first picnic of the San Mateo County Parks Foundation which is the fundraising enterprise to help develop and maintain parks. B. Crowder: 1. The Sierra Club put on an exhibit of photos of senior environmentalists. She and Wim de Wit are represented. 2. She shared an announcement for a conference called Reweaving the World which will be put on b the Society for Ecological Restoration at the Presidio. 3. She P Y Y 8� referred to an article in the magazine of Fish and Wildlife about formerly endangered birds on Devil's Slide Rock. 4. There had been an item in the San Jose Mercury News regarding Congressman Lofgren's bill to ease the shortage of religious workers. D. Little: 1. He referred to the letter from Joe Cernac expressing concerns about PG&E's grading on Woods Road. S. Schectman said the District is trying to hold them to the conditions of the permit. D. Little said he would like to see the District keeps on top of the matter. 2. He had been hiking and would try to cover all mapped trails. He was planned a pledge walk to raise money for Kid's Nature Express. C. Britton suggested having a kickoff event. J. Cyr: 1. He said he would like to participate in the pledge walk. 2. He had a thank you letter from Bill and Patsy Smith for a photo presented to them by the District. The Smiths were contributors to the District for the backpack camp at Black Mountain. 3. The Board appointee evaluation committee met on May 24. He described the process they would follow, including additional meetings of the subcommittee and meeting with the full Board in closed session. 4. He had an invitation to Larry Coons retirement party on June 18. C. Britton: 1. He attended Verl Clausen's going away party at Big Basin. 2. He had a notice of a going away party for Jim Sayres, Greenbelt Alliance, on June 3 in San Francisco. 3. Lee Bowman's retirement party will be on June 18. 4. He said he would be at conferences for the next Coastal Advisory Committee and Board meeting. J. Escobar will be attending those meetings in his absence. 5. There was a Bay Area Open Space Council meeting on the May 14. Senators Tom Hayden and Fred Keely spoke. Both of them have park bond bills in the legislature. J. Escobar: 1. The FYIs included a summary of vandalism and other incidents at ECDM. Also included was a list of common names of plants mentioned in the Russian Ridge grassland management annual progress report for 1999. 2. He said the Marin Open Space agenda included an item about illegal trails. Staff had obtained a copy of the staff report. IX. ADJOURNMENT At 9:20 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary