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Home My Public Portal About19990628 - Minutes - Board of Directors (BOD) l y Regional u �„.....�W...- �. moo✓° ,.,�,, � I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-16 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday,June 28, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 7:32 p.m. Members Present: Jed Cyr,Nonette Hanko, Deane Little, Ken Nitz, Peter Siemens Members Absent: Betsy Crowder, Mary Davey Staff Present: Craig Britton, Sue Schectman, Peggy Coats, Mike Williams, Del Woods, Deirdre Dolan,John Escobar, Randy Anderson 11 ORAL COMMUNICATIONS—There were none. III ADOPTION OF AGENDA Motion: P. Siemens moved adoption of the agenda. K.Nitz seconded the motion. Motion was passed 5 to 0. IV BOARD BUSINESS A. Agenda Item 1 -- Approval of Exercise of Option to Purchase of Real Property of Lands of the Arlie land and Cattle Company; Conveyance of Fee Interest in Upper Portion of the Property Peninsula Open Space Trust,and Approval of Purchase Agreement Therefore; Approval of Lease and Management Agreement Between District and Peninsula Open Space Trust Regarding Upper Portion of the Property; approval of Proposed Mitigated Negative Declaration and Mitigation Monitoring_Program in Accordance with California Environmental Quality Act; Adoption of Preliminary Use and Management Plan and NamingyProperty an Addition to Bear Creek Redwoods Open Space Preserve; Approval of Residual Timber Rights Option Agreement with Gregory Demers and Termination of Residual Timber Rights Option Agreement with Arlie Land and Cattle Company; approval of Letter Agreement with Arlie Land and cattle Company Regarding Certain Terms and Conditions of Exercise of Option; and Authorization for the board President and General Manager to Execute All Documents Necessary or appropriate To Implement and/or Close These Transactions, Including Escrow Documents I Adoption of Resolution Authorizing Exercise of Option to Purchase Real Property of Lands of Arlie Land and Cattle Company; Authorizing Acceptance and Execution of Purchase Agreement and Lease and Management Agreement Between District and Peninsula Open Space Trust Regarding Upper Portion of the Property and Necessary Related Documents;Approving Mitigated Negative '130 Distel Circle - I os Altos,CA 94022-1404 Phone: 050-091-1200 FAX: 650 691 04t35 E-mail: mrosc3rsapensp,ice.org Wei)site:www.op<,nspace.or Board of Oirec tors:Pete Siemens,Mxy C. Davey,led Cyr, Dc ane � � .--Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz � C�er�crat h4anap;er:t Craig Brifi(em ' ' Meuhog9g-|6 Page Including Escrow Documents(Bear Creek Redwoods Open Space Preserve- Lands of Arlie Land and Cattle Company) Declaration and Mitigation Monitoring Program and Adopting Findinas Pursuant to the California Environmental Quality Act; Armroving Residual Timber Rights Option Agreement With Gregory Demers and Termination of Residual Timber Rights Option Agreement With Arlie Land and Cattle Company; Approving Letter Agreement With Arlie Land and Cattle Company Regarding Terms and Conditions of Exercise of 012tion; Authorizing Officer to Execute Certificate of Acceptance of Grant to District; and Authorizing General Manager and Board President to Execute Any and All Other Documents Necessary or Appropriate to Implementation or Closing of These Transactions, D. Woods provided background from the Board Report, and presented slides illustrating the salient � features of the site. C. Britton described the terms and conditions. D. Little asked if the $25O,O00ne paid for uo extension was refundable. C. Britton replied that it was not, but it could have been used to offset costs oil a pro-rate basis for each day before the end of the extension period on June 30, |949. |lu|pb Ramona, Saratoga, retired civil engineer,opined that there was udesperate need for � nccmca1ioou| facilities in the area,although he would have preferred no see the site made into ago|f � course, stating that$200,000 to $300,000 in tax revenues would be lost as a result. He commented � that he felt the District should not become involved between parties. � Pete [>cNcvi �om(}u�oa baudcdouta |�Urr�o1hc8o�vdpnxca(ing�h�punchoa� B� too, would � , , � , , � � have preferred the site be converted to a golf course, and did not believe tile Board was fully informed, nor did the Negative Declaration take all pomb|cnoo into account. Be stated that the sewer line on the property has been leaking for 20 years, and dumping into the Reservoir, and that there will be traffic hazards with tile proposed use. Candi Wozniak stated that she lives on the adjacent upper parcel to the property. She asked about � the status uf logging on the site. She opined that mountainhikingohnn|d be allowed, uo it has less | environmental impact than equestrian uses. Vicki Moore, Greenbelt Alliance, indicated her support for the purchase and proposed Negative Declaration. Teresa Nemeth, Sierra Club(Loma Priebu Chapter) indicated her support. Terry Trumbull, Chair, Santa Clara County Planning Commission, urged the Board to adopt the proposed General Manager's Recommendations. At0:2| p.om_the public comment periodended, and u break was taken. The meeting was resumed o10:52p.nm. � C. Britton responded tothe following public comments or questions: " Recreational use of land: recreational use will be low intensity, as with other District sites. ^ Value of property: the appraisal iain excess of the purchase price. ° Status oflogging: Big Creek Lumber, o"green certified"company, has the logging rights. Although State law allows 60Y6 stem cutting` Big Creek will cut about 4OY6. Logging will � continue,but the District will be closely involved in monitoring the pvmucua. " Uses ofproperty: the property will be closed to the public, but certain permits will be issued to � Mecdng4P-|6 Page � � equestrians and hikers&o help patrol the site. UL will not be open to motorcycles,off-road � vehicles, and mountain bikes. Public uses will come under consideration for the District's Comprehensive Use and Management Plan, but probably not until next fiscal year a1 the earliest, and will take several years tocomplete. D. Woods responded k»the following comments or questions asked hv9. DeNevi orally and in his distributed letter tm the Board: " Property boundaries: described io our property agreement. ^ Slide area impact: addressed in the Negative Declaration;this project will not disturb the slide, moit doe not have 0obcanalyzed. " Septic System: District's understanding io that the system is in place, and working. 1945 and 1997 El8s address the stability ufthe system, indicating it has been functioning normally. District's documents state that if Alma College buildings were opened tothe public, the uyuhonn � used would bo thoroughly analyzed and improved. Improvements for wastewater treatment do � not involve significant environmental impact. � ^ Electrical substation: this unit contains asbestos and asphalt, and its disposition will be � | according k, local ordinances. � � ^ Permits: letter to Ruuk Graham from C. Britton included in the agenda packet addresses this � issue. ^ Santa Clara County Historic Structures Inventory: renovation will comply with Secretary ofthe � Interiors standards io preserve historical resources. ° Water tank: San Jose Water operates the 5,000-Au||on water tank. � � � S. SubccUnon addressed the following 9. DcMcviconcerns: • Noticing: the District sent out unotice on June 2 for the Negative Declaration. � ° Litigation: District has not been involved in prior litigation in regards to this property ° Access to Board: Board received correspondence, which is on record. ! C8(]A: All legally required CG()/\time lines were followed. � Motion: D. Little moved that the Board accept the General Manager's recommendations as outlined iu the Board Report: |. Approve proposed mitigated Negative Declaration and Mitigation Monitoring Program in accordance with California Environmental Quality Act("CE()")and adopt the CE()A^ findings us set out inthe Board report � 2. Adopt the attached Resolution approving, among other things, Exercise of the � District's Option to Purchase the Upper Property andL Property owned6v Arlie Land and Cattle Company;the conveyance of ownership of the Upper Property to Peninsula Open Space Trust; and approving the Purchase Agreement and Lease Management Agreement between the District and Peninsula Open Space Trust 3. Adopt the Preliminary Use and Management Plan recommendations contained i the Board report, including naming the property the Bear Creek Redwoods Open Space Preserve. � ` '^pp^",°the Re"'""^' Timber" '^'s/^^"Option Agreement^ with ^~'~e~'y^^~^'~'^ and termination ofthe Residual Timber Rights Option Agreementwith Arlie Land and Cattle Company Meeting 99-16 Page 4 5. Approve the Letter Agreement between the District and Arlie Land and Cattle Company regarding conditions of exercise of the Options. 6. Authorize the Board President and general Manager to execute all documents necessary or appropriate to implement these transactions, including escrow documents. 7. Indicate the Board's intention to dedicate the Lower Property as public open space. Second: P. Siemens seconded the motion. Discussion: N. Hanko thanked C. Britton and A.Rust for their commitment to purchasing this land. K. Nitz thanked C. Britton, S. Schectman, and staff who put this together, further stating that he had previously had misgivings about the project, but is now very happy with it. D.Little stated that he is proud to be a part of the team putting this together, adding that this is an exiting opportunity. P. Siemens stated that he was very excited, particularly because the property is in his ward. He thanked staff,especially C. Britton, and A. Rust. J.Cyr stated that he felt this deal was extremely well done, and thanked staff,further adding that it took a public-private partnership to achieve this. Vote: The motion passed 5 to 0. V INFORMATIONAL REPORTS P. Siemens reported on a tour he took with POST on Saturday. N. Hanko, K.Nitz, and D. Little all had nothing to report, but stated that they were happy with the conclusion of the acquisition. J. Cyr noted that he had attended the Volunteer Recognition Event, and thanked staff and volunteers for their great effort on behalf of the District. C. Britton distributed a brochure from Big Creek Lumber, and directory from the Golf Course Builder's Association of America. VI CLAIMS K.Nitz moved to accept the claims. D. Little seconded the motion. Motion passed 5 to 0. IX ADJOURNMENT-- The meeting was adjourned at 9:23 p.m. Peggy Coats District Clerk