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HomeMy Public PortalAbout19991013 - Minutes - Board of Directors (BOD) Regional Open fare,- 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-25 REGULAR AND SPECIAL MEETINGS BOARD OF DIRECTORS October 13, 1999 Corrected MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 6:32 P.M. Members Present: Nonette Hanko, Mary Davey, Jed Cyr, Ken Nitz, Peter Siemens, Deane Little, and Betsy Crowder (arrived at 6:35 P.M.). Members Absent: None. Staff Present: Craig Britton, Sue Schectman, Duncan Simmons, Mike Williams, and Mary de Beauvieres. 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 6:33 P.M. and the Closed Session commenced at 6:33 P.M. The Board concluded the Closed Session at 7:25 P.M. and J. Cyr called the Regular meeting to order at 7:33 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Staff Present: Mary de Beauvieres, Deirdre Dolan, Malcolm Smith, Michael Williams Dennis Danielson Randy Anderson Peggy Coats III. ORAL COMMUNICATIONS B. Crowder welcomed Harry Haeussler. IV. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. N. Hanko seconded the motion. The motion passed 7 to 0. 330 Distel Circle e Los Altos, CA 94022-1404 • Phone:650-691-1200 FAX: 650-691-04£35 ♦ E-mail: mrosdrtsopenspace.org . Web site:www.openspace.org Baard of Dirt r tors Pete Siemens,btary C:. Davey,Jed Cyr, Deane Little, Nonette Hanko,Betsy Crtmder,Kenneth C.Nitz •General htanat;er:L.Craig Britton 40 V. ADOPTION OF CONSENT CALENDAR K. Nitz removed agenda item 4, Approval of Payment to Davis Paving, Inc. in An Amount Not to Exceed $11,012.82 for Repair Of Allen Road, La Honda Creek Open Space Preserve, Determination That The Project is Categorically Exempt From The California Environmental Quality Act (CEQA); Approval of Payment for Work To Be Performed by Davis Paving, Inc.; and Authorization for the General Manager to Execute a Purchase Order in An Amount Not to Exceed $11,012.82 for Repair of Allen Road, La Honda Creek Open Space Preserve, and ; agenda item 5, Authorization to Contract with Sandra Gimbal for Planning Services on Storm Damage Repairs and Other Planning Projects; Authorization for the General Manager to Execute an Agreement with Sandra Gimbal for Contract Planning Services to Prepare Permit Applications, Coordinate Preparation of Bid Documents for Storm Damage Repairs to District Roads and Trails, and Other Services on Planning Projects as Required, with a Maximum Contract Amount of$25,000 During Fiscal Year 1999-2000. B. Crowder removed the minutes of the August 11 meeting. Motion: M. Davey moved that the Board adopt the Consent Calendar, including approval of minutes of the September 21, 1999, Special Meeting; and the September 22, 1999, Regular Meeting; a reply to a written communication from Robert Zatkin, 140 Springdale Way, Redwood City, CA 94062; agenda item 6, Renewal of Investment Authority and Annual Statement of Investment Policy; Adoption of a Resolution Extending the Controller's Investment Authority Until January 15, 2000; and Adoption of an Investment Policyl agenda item 8, Authorize the General Counsel to Give Written Notice to the Los Gatos Country Club, LLC, that the Amended Claim of September 9, 1999, Was Untimely Filed and Is Being Returned Without Further Action; and Revised Claims 99-18. B. Crowder seconded the motion. The motion passed 7 to 0. V1. APPROVAL OF MINUTES August 11. 1999 B. Crowder made the following corrections to the minutes: Page 7, paragraph 4, Doug Kersey should be Doug Kerseg. Paragraph 5, item 1, add the words, "concerning the Ridge Trail through the San Francisco Watershed." Motion: P. Siemens moved that the minutes be approved as amended. K. Nitz seconded the motion. The motion passed 7 to 0. V11. BOARD BUSINESS A. Agenda Item No. 1 - Consideration of Exercise of the District's Right of First Refusal to Acquire the 20-Acre Slobe Property Adjacent to Windy Hill Open Space Preserve; Approval of Final Boundary Survey and Parcel Reconfiguration of the 20-Acre Parcel Retained by Mr. Robert Slobe, Approval of Private Driveway Maintenance Agreement; Approval of Private Emergency Road Easement and Exchange Agreement; Tentative Adoption of a Use and Management Plan Amendment for a Minor Trail Realignment on the Preserve-, Determination that the Recommended Actions are Categorically Meeting 99-25 Page 4 Exempt From the California Environmental Quality Act (CEOA); Instruction to the General Manager to Decline to Exercise the District's Right of First Refusal to Acquire the 20-Acre Parcel Owned by Robert Slobe, Adoption of a Resolution Approving the Boundary Survey for the 20-Acre Parcel Retained by Robert J. Slobe, Authorizing the President of the Board or Other Appropriate Officer to Accept a Grant Deed from Mr. Slobe and Concurrently Execute a Grant Deed to Mr. Slobe to Complete the Boundary Reconfiguration for the Retained Slobe Property, and Authorizing the President of the Board or Other Appropriate Officer to Execute the Private Driveway Maintenance Agreement with Robert J. Slobe for the Access Driveway from Portola Road to the 20- Acre Slobe Property; Adoption of a Resolution Authorizing and Approving the President of the Board or Other Appropriate Officer to Execute the Private Emergency Road Easement and Exchange Agreement with Robert J. Slobe and Northern California Presbyterian Homes & Services, Inc., for an Emergency Road From the Slobe Driveway through the Sequoias to Willowbrook Drive, and Authorizing the President of the Board or Other Appropriate Officer to Accept a Grant of Open Space Easement Protecting the Hamm's Gulch and Corte Madera Creek Corridors that Travel through the Slobe Property, and Tentative Adoption of a Use and Management Plan Recommendation to Realign Approximately 300 Feet of Trail as it Enters Windy Hill Open Space Preserve from a Town Trail on The Sequoias, in Conjunction with Realignment of the Town's Trail on the Sequoias Property- (Report R-99-137). M. de Beauvieres presented the staff report. She said the historic cattle chute on the easement granted to The Sequoias would not be disturbed. C. Britton said preservation or restoration of the chute is not currently part of the agreement. S. Schectman said the District could determine whether it would be disturbed. If there is a threat, the District could deal with it in the town permitting process. M. Williams presented the remainder of the staff report. He said the road would consist of a rock base; it is now dirt and some gravel M. Williams reviewed staff's recommendations regarding the emergency access road and exchange agreement. He described how the emergency road connected to a road on The Sequoias property. He said the road goes up a hill and levels off on The Sequoias property. M. de Beauvieres presented the portion of the staff report regarding trail realignment. The work would be done at no cost to the District and to District standards. She said the proposed emergency access road is close to the picnic area. She said there would be about 300 ft. of construction. She noted that the CEQA determination would depend on which choice the Board made regarding the Right of First Refusal. She said the trail was there when the District bought the property and needed to be realigned then. Harry Haeussler, 1094 Highlands Circle, Los Altos, said he was familiar with the area. The chute is close to the road and is badly overgrown. He thought preserving it was a waste of time and effort. He thought the District should put pressure on The Sequoias to make the trail from Portola Road up to the realigned trail an all-weather trail. He said that as an equestrian, he would have no objection to cars on Spring Ridge Trail but some people would. 4b Meeting 99-25 Page 5 Carol Espinosa said she supported the plan for the driveway to come in on Spring Ridge Trail. Putting pavement in would make it accessible for a longer portion of the year, particularly for people in wheelchairs. She supported preservation of the corral. Ellie Bullis, Portola Valley, realtor for Mr. Slobe, said the emergency road would not damage the corral. There was discussion regarding the number of cars on the trail per day. M. Williams said he thought it was 10 round trips per day, but B. Crowder thought it had gone up to about 20 round trips. M. de Beauvieres informed them that the District has a 15 mph. speed limit on roads within preserves. D. Danielson said the road is patrolled once a day on average. Motion: P. Siemens moved that the Board instruct the General Manager to decline to exercise the district's Right of First Refusal to acquire the 20-acre parcel owned by Robert Slobe. N. Hanko seconded the motion. The motion passed 7 to 0. Motion: M. Davey moved that the Board determine that the recommended actions outlined in the staff report are categorically exempt from the California Environmental Quality Act (CEQA). P. Siemens seconded the motion. The motion passed 7 to 0. Motion: B. Crowder moved that the Board adopt Resolution No. 99-41, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving a Boundary Survey; Authorizing Officer to Execute a Certificate of Acceptance of Grant to District; Authorizing Officer to Execute a Grant Deed for the Real Property Rights Being Reconfigured to Complete the Boundary Realignment of Parcels; Authorizing Officer to Execute Private Driveway Maintenance Agreement; and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Windy Hill Open Space Preserve - Lands of Slobe). P. Siemens seconded the motion. The motion passed 7 to 0. Motion: B. Crowder moved that the Board adopt Resolution No. 99-43, A Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Private Emergency Road Easement and Exchange Agreement; Authorizing Officer to Execute Certificates of Acceptance of Grants to District; Authorizing Officer to Execute a Deed for the Real Property Rights Being Released, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Transaction (Windy Hill Open Space Preserve - Lands of Slobe). M. Davey seconded the motion. The motion passed 7 to 0. AYES: Directors Crowder, Davey, Hanko, Little, Nitz, Siemens, and Cyr Meeting 99-25 Page 6 NOES: None ABSENT: None ABSTAIN: None Motion: P. Siemens moved that the Board tentatively adopt the Use and Management Plan recommendation to realign approximately 300 feet of trail as it enters Windy Hill Open Space Preserve from a Town trail on The Sequoias property, in conjunction with realignment of the Town's trail on The Sequoias property. B. Crowder seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2 - Conceptual Approval of an Alternate Driveway Alignment from Alpine Road to Serve the 20-Acre Slobe Property Adjacent to Windy Hill Open Space Preserve — (Report R-99-135). M. de Beauvieres presented the staff report and showed where the alternate driveway was located. She talked about cost and provided background information. She said the concept was well-received, although there are some concerns about the creek. Some trail realignments are required. The report included discussion of the drawbacks of the alternate alignment, including impacts on the creek. M. de Beauvieres said there was a total of 1,105 ft. of new construction on the alternate alignment, and 1,300 ft. for the Alpine Portola Road access. M. de Beauvieres said staff would look at the option of taking the trail on the uphill side of the road. The alternate alignment would keep conflicts minimal. Also, the shorter alignment has a big impact on the amount of earth that would have to be moved. She explained cut- and-fill and outlined what the next steps would be . C. Britton added that not all staff members agreed with the staff recommendation, so there is a section included in the report on the drawbacks of the Alpine Road driveway compared with the Spring Ridge Trail driveway. Carol Espinosa said the creek crossing allows interaction between people and nature. She was appalled at the idea of a bridge and described it as a desecration. She said there seemed to be a bias in favor of the project without looking at some of the issues. She thought the benefits of the other route had not been addressed. She said there was nothing in the report about the height of the bridge or the impact on flooding and erosion. She was sorry about losing the trees. She thought the proposal was bad for the experience of the public on the preserve. C. Britton said addressing environmental questions would be part of the Town approval process. Portola Valley would handle it, and a final decision would come back to the Board for approval. At this point, the Board is considering approval in concept only. Harry Haeussler said the realignment would be a great help for emergencies and would need to be realigned sooner or later because of erosion. He said the bridge would give people a chance to see the water without getting in it, and he thought it was a great idea. Meeting 99-25 Page 7 Mr. Kabcenell, buyer, said the cut-and-fill would be approximately balanced so there would not be a lot of import or export. The bridge length would be 120 ft. maximum, but the design was not complete. It would only be as high as necessary and required by the Town. The turnouts are the same design on both alignments. There are fewer of them on the Alpine alignment. He said they had concluded that it could be done sensitively and they are working with experts regarding preserving habitat and wildlife. They hoped to make the bridge blend into the environment as much as possible. M. de Beauvieres said the intent is that the road be less than a 15% grade. K. Nitz said he would like to have topographical maps and pictures when they consider this item again. Regarding people parking in the turnouts, M. de Beauvieres said the gates would still be there. The District would require a manually-operated gate. N. Hanko said she was sorry the District was never able to acquire the whole property. She was convinced the Kabcenells are sensitive to the environment and the Board should support the concept. Motion: N. Hanko moved that the Board approve, in concept, the alignment and bridge for an alternative access driveway to serve the adjacent 20-acre Slobe property. P. Siemens seconded the motion. Discussion: D. Little said he appreciated the Kabcenells' concern but had a concern with the choice of alternate route. He agreed'with Ms. Espinosa. He talked about the beauty of the area and said he thought the alternate route would cause habitat destruction. He thought there should be a conservation easement on a portion of the Slobe property to mitigate for that impact. B. Crowder agreed with him Nonette, and mentioned that she was very concerned about the number of cars. P. Siemens said he thought the conservation easement was a good idea. J. Cyr commented that there was no perfect solution in a situation like this. He -appreciated the staff approach of including the minority opinion in the staff report. Amendment: D. Little moved to amend the motion to include asking for a conservation easement as a balance for aesthetic and environmental concerns. P. Siemens seconded the motion. Discussion: Mr. Kabcenell said their position at the moment was that it was intended to address procedural and technical concerns with the emergency alignment and required exchange for District land. He said it would be significantly more costly for the Alpine alternate, but they would look at the possibility. y Meeting 99-25 Page 8 C. Britton said it was inappropriate to try to negotiate something like this at a public meeting. Staff will discuss it with the Kabcenells. Amendment withdrawn: D. Little and P. Siemens withdrew the motion to amend. Motion: D. Little moved to table and ask staff to come back with photos and arrange a field trip. There was no second and the motion died. Vote: The original motion passed 6 to 1 (Director Little voting no). C. Agenda Item No. 3 - Authorize Payment in the Amount of $23,301.88 Under the Retainer Agreement for Legal Services With the Firm of Miller, Starr, and Regalia- (Report R-99-130). C. Britton commented that the report was self explanatory. He thought the fees were a good investment. Motion: N. Hanko moved that the Board authorize the payment for legal services in the amount of$23,301.88. D. Little seconded the motion. Discussion: S. Schectman said she would update the Board on the pending litigation in an upcoming closed session. She said she felt positively about the District's position in the litigation. J. Cyr commented that he thought it was a wise expenditure of funds. C. Britton said the Bear Creek Redwoods project was the most complicated transaction the District had done. Vote: The motion passed 7 to 0. D.. Agenda Item No. 4- Approval of Payment to Davis Paving, Inc. in An Amount Not to Exceed $11 012.82 for Repair Of Allen Road, La Honda Creek Open Space Preserve; Determination That The Project is Categorically Exempt From The California Environmental Quality Act (CEQA); Approval of Payment for Work To Be Performed by Davis Paving Inc.• and Authorization for the General Manager to Execute a Purchase Order in An Amount Not to Exceed $11,012.82 for Repair of Allen Road, La Honda Creek Open Space Preserve - (Report R-99-132). C. Britton presented the staff report and noted that the maintenance agreement is not a written agreement. D. Danielson said there was an average of less than one permit a day. M. Williams said that number included patrol uses, the tenant at the Dyer house, and permit accesses. There were seventy-one permits per year issued over the last five years. Motion: P. Siemens moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA), based upon the findings contained in the staff report; approve payment for work to be performed by Davis Paving, Inc.; and authorize the General Manager to execute a purchase order in an W Meeting 99-25 Page 9 amount not to exceed $11,012.82 for the repair of Allen Road at La Honda Creek Open Space Preserve. K. Nitz seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5 - Authorization to Contract with Sandra Gimbal for Planning Services on Storm Damage Repairs and Other Planning Projects; Authorization for the General Manager to Execute an Agreement with Sandra Gimbal for Contract Planning Services to Prepare Permit Applications, Coordinate Preparation of Bid Documents for Storm Dama-ge Repairs to District Roads and Trails, and Other Services on Planning Projects as Required, with a Maximum Contract Amount of $25,000 During Fiscal Year 1999-2000 - (Report R-99-13 1). R. Anderson said the planning services included the coastal annexation project and FEMA storm damage repairs. Motion: K. Nitz moved that the Board authorize the General Manager to execute an agreement with Sandra Gimbal for contract planning services to prepare permit applications, coordinate preparation of bid documents for storm damage repairs to District roads and trails, and other services on planning projects as required, with a maximum contract amount of $25,000 during fiscal year 1999-2000. D. Little seconded the motion. The motion passed 7 to 0. F. Agenda Item No. 7 - Tentative Adoption of an Amendment to the Use and Management Plan for the Cathedral Oaks Area of Sierra Azul Open Space Preserve to Dedicate the Eastfield Ming Quong Property as Public Oven Space, and Determination That This is Not a Project for the Purposes of the California Environmental Quality Act Because It Does Not Commit the District to a Definite Course of Action at this Time But Merely Amends the Tentative Use and Management Plan to Reflect an Intent to Later Dedicate the Property as Open Space - (Report R-99-134). Motion: P. Siemens moved that the Board adopt the Preliminary Use and Management Plan for the Cathedral Oaks Area of Sierra Azul Open Space Preserve with an amendment indicating their intent to dedicate the Eastfield Ming Quong property as public open space. K. Nitz seconded the motion. Vote: The motion passed 7 to 0. M. Smith provided clarification on warrant # 7407, noting that that the binocular viewer at the Nature Center was partially funded through donations. V11. INFORMATIONAL REPORTS M. Davey: I There will be an Earth Day organization and training session this Saturday in Palo Alto at the Foundation for Global Community. 2. She thanked staff for the letter about the Stanford Community Plan. She expressed appreciation for R. Anderson attending the Santa Clara County Planning Commission meeting. There will be more meetings with community Meeting 99-25 Page 10 input. She talked about the meeting at Stanford. 3. She had a booklet from PCL called Ten Ways You Can Save the Environment. N. Hanko: 1. Regarding the Stanford hearings, she said it looked like the County is accepting the responsibility that they should. She talked about the statements made by the Palo Alto planning director, the Portola Valley planning commission chair, and the mayor of Menlo Park, who said there ought to be redlined versions of the zoning information so one could compare what is done now and what is being proposed. B. Crowder: 1. She received a call from the Bay Trail staff about a meeting at Ravenswood. 2. She had toured Purisima to look at the project where the bridge was removed. 3. She said Cargill Salt has dumped droppings on the land the District owns. C. Britton explained that they have the right to do that. K. Nitz: 1. He staffed a table at the Friends of Stevens Creek Trail Sixth Annual Trailblazer fund-raising event. 2. He asked what the District was doing about beetles and other pests attacking Oaks. 3. Also, was the District worried about the Arundo donax weeds in the riparian corridors? R.. Anderson said they had already removed quite a bit of it at Picchetti. N. Hanko reported that the Coastal Advisory Committee is setting up a joint meeting on October 26 between the District Board and other public agencies. S. Schectman talked about Brown Act implications. The meeting will be a workshop for input only on eminent domain. M. Davey said they hope to make a Board decision on November 10. D. Little: 1. He had gone bicycling with ROMP members. He encouraged them to make a strong statement regarding illegal trail building. J. Cyr: 1. He attended the Deer Hollow Farm volunteer dinner. 2. He was planning to attend the South Bay Open Space Forum. C. Britton: 1. There was information about the South Bay Forum in the FYls, and he urged Board Members to attend. 2. The Trail Directional Sign Questionnaire was also in the FYls. 3. An administrative secretary and office manager has been hired and she will be introduced to the Board. 4. He said J. Escobar would be in charge next week during his absence. VIII. ADJOURNMENT At 10:30 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary