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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 00-15
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
June 14, 2000
MINUTES
SPECIAL MEETING
I. ROLL CALL
Vice President Pete Siemens called the meeting to order at 6:05 P.M.
Members Present: Mary Davey, Jed Cyr, Kenneth C. Nitz (6:08 P.M.), Betsy Crowder,
Peter Siemens, Nonette Hanko, and Deane Little
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, Tom Fischer, Del Woods, Mike Williams, David
Sanguinetti, Duncan Simmons, John Escobar, and Stephanie Jensen.
II. CLOSED SESSION
K. Nitz stated that the Board would adjourn to Closed Session for the purpose of discussing
Closed Session Agenda Items 1, 2, 3 and 4.
The Board recessed to Closed Session at 6:05 P.M. and the Closed Session commenced at 6:05
P.M. The Board concluded the Closed Session at 7:22 P.M.
REGULAR MEETING
III. K. Nitz noted that no reportable action had taken place in Closed Session, and called the Regular
Meeting to order at 7:30 P.M.
Additional Staff Present: Mary de Beauvieres, Deirdre Dolan, Lisa Zadek, and Doug Vu.
IV. ORAL COMMUNICATIONS
hitting from the fifth tee at
Jim Perry, 12277 Candy Court, Saratoga, talked about offers tt g o
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Saratoga Golf Club. He said golf balls are going into the District's parking lot at Fremont Older,
and there has been damage to cars. He said he is a member of the golf club board, and they have
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tried to bring this matter to the District's attention in the past. He suggested measures that could
be taken, including moving the parking lot, putting up a fence, or planting trees.
330 Distel Circle # Los Altos, CA 94022-1404 Phone:650 691-1200
FAX:650-691-0485 * E-mail: r7troscl«ohenSpaCc�:.org Web site:www.oPensPace.org
So,3rd of(hreaor,:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko, 130 v C_rowder,Kenneth C. Nit/ - General Manager:L Ctmg Wilton
Meeting 00-15 Page 2
C. Britton referred to the letter in the packet to John James and to the response on this matter.
S. Schectman said she was glad to hear Mr. Perry say it was a mutual problem, and she thought it
was a good idea to have a dialogue.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
B. Crowder removed the draft response to the written communication from Richard Emerson,
55 Stonegate Road, Portola Valley; and K. Nitz removed agenda item 7, Authorize the
General Manager to Pay Relocation Expenses Up to a Maximum of $2,500 for Newly
Recruited Management Employees.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including draft
response to a written communication from John E. James, 21852 Lindy Lane,
Cupertino; and Revised Claims 00-11. P. Siemens seconded the motion. The
motion passed 7 to 0.
VII. WRITTEN COMMUNICATIONS
B. Crowder referred to the last sentence of the third paragraph of the draft response to the written
communication from Richard Emerson, 55 Stonegate Road, Portola Valley regarding benches at
Windy Hill Open Space Preserve. C. Britton said staff would change the sentence to read,
"However, Windy Hill is likely to be very popular for this program, but we have not addressed
the issue of siting yet."
Motion: B. Crowder moved that the Board approve the response as amended. J. Cyr
seconded the motion. The motion passed 7 to 0.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 - Proposed Resolution of the Board of Directors Supporting the
Creation and Development of the Silicon Valley EcoCaMpus-, Adopt the Resolution in
Support of the Creation and Development of the Silicon Valley EcoCampus - (Report
R-00-81).
C. Britton introduced the resolution.
Meeting 00-15 Page 3
P. Siemens recalled that the Board had asked that reference to Silicon Valley be
removed from the name of the EcoCampus, and that Andy Feschelau who made the
presentation had agreed. Board members agreed that the resolution made it clear that
the Board was not endorsing a specific site.
Motion: M. Davey moved that the Board adopt Resolution No. 00-3 1, Resolution
of the Board of Directors of Midpeninsula Regional Open Space District
Supporting the Formation and Development of the Proposed
EcoCampus, with the removal of all reference to Silicon Valley. J. Cyr
seconded the motion.
Discussion: Harry Haeussler, 1094 Highlands Circle, Los Altos, objected to the use
of the term "Global Community." He said it seemed that they were
taking a political stand. M. Davey explained that the Foundation for
Global Community was a charitable organization that had nothing to do
with the United Nations, but with the environmental movement globally.
Vote: The motion passed 7 to 0.
B. Agenda Item No. 2 - Approval of an Alternative Bridge and Driveway Easement to
Serve the 20-Acre Kabcenell Property Adjacent to Windy Hill Open Space Preserve;
Quitclaim of the Existing Driveway Easement, Private Driveway Maintenance
Agreement and Private Emergency Road Easement and Exchange Agreement-, Approval
of a New Private Bridge and Driveway Maintenance Agreement, Approval of a Permit
to Enter to Facilitate Construction of the Bridge and Driveway and Adoption of a Use
and Management Plan Amendment for a Minor Trail Realignment; Determine that the
Recommended Actions are Categorically Exempt from the California Environmental
Quality Act as Set Out in the Report; Adopt a Resolution Authorizing and Approving
the President of the Board or Other Appropriate Officer to Accept the Quitclaim Deeds
for the Existine Driveway Easement from Portola Road and the Private Driveway
Maintenance Agreement from the Kabcenells and Concurrently Execute a Quitclaim
Deed to the Kabcenells for the Same Agreement; Authorize the President of the Board
or Other Appropriate Officer to Accept the Quitclaim Deeds for the Emergency Road
Easement and Exchange Agreement for an Emergency Road from the Driveway
Through The Sequoias from the Kabcenells and Northern California Presbyterian
Homes and Services and Concurrently Execute a Quitclaim Deed, and Authorize the
President of the Board or Other Appropriate Officer to Execute a Grant of Easement
Deed and the Private Bridge and Driveway Maintenance Agreement for the Alternative
Bridge and Driveway Access from Alpine Road to the 20-Acre Property; Authorize the
General Manner to Execute the Permit to Enter Allowing the Kabcenells and their
Contractors and Consultants to Access Windy Hill Open Space Preserve to Construct
the Alternative Driveway and Bridge to Access the Adjacent Private Property from
Alpine Road; Final Adoption of the Use and Management Plan Recommendation to
Meeting 00-15 Page 4
Realign Approximately 300 Feet of Trail as it Enters Windy Hill Open Space Preserve
from a Town Trail on The Sequoias Property-(Report(Report R-00-84).
M. Williams provided background information on the project.
M. de Beauvieres showed slides of the area where construction will take place, noting
that there were four staging areas. Three of them are on District land. She reviewed
the reasons that staff supported the proposed Alpine Road alternative alignment and
provided comparisons of the two alternatives.
M. Williams reviewed the portion of the staff report dealing with the driveway
maintenance agreement. D. Simmons answered questions.
In terms of the general liability insurance required of both parties to the agreement, S.
Schectman said the key thing is that the District has a rural road standard which is
gravel. Each party is liable for their own negligence. She said the District would still
be immune from suit from a recreational user even if the road were paved.
M. Williams reviewed the staff report sections on construction schedule and permit to
enter.
M. de Beauvieres said there is a trail that will remain open, even though the
construction will block Eagle Trail and access to Hamms Gulch and is taking place at
the same time Alpine Road will be closed. She said staff has not looked at exactly
where the new trail would be built.
In regard to concerns about having machinery in the creek, M. Williams explained why
they chose this method of building the bridge, noting that it will be done in accordance
with regulatory agencies. District staff will be on site.
Denis Ruttenberg, Philip Williams and Associates, said they had designed the creek
restoration. They would make sure the contractors are in compliance with regard to the
creek access and explained why they had reached their recommendation.
Rich Laureta, civil engineer, said the work for the bridge would not require going into
the creek.
Mr. Ruttenberg explained that the term "creek restoration" included bank stabilization
so that it does not further erode and threaten the foundation.
J. Cyr commented on the staff report, noting that he thought it was very thorough. He
said he also had concerns about being in the creek. On page 3, paragraph 3, line 8, he
asked that the word voided be changed to voiced.
Meeting 00-15 Page 5
M. Williams said they had discussed coordination of the Alpine Road project and this
one with the town of Portola Valley. He said the bridge will be made of concrete and
steel, with wood planking. Mr. Laureta said the bridge would be inspected every five
years. He said there is wood planking above the deck for the driving surface.
M. Williams said J. Cahill would be overseeing tree removal.
Addressing concerns about the staging areas being near the creek, Mr. Laureta said
fueling and maintenance will take place away from the creek.
Harry Haeussler, 1094 Highlands Circle, Los Altos, asked about the gate and whether
the entrance would be changed. M. de Beauvieres said the Kabcenells were looking into
electric gate designs. The stile would remain but might not be in the exact same spot.
She said there will be signs at every entrance to the preserve telling them that Alpine
Road was closed and to look for alternate routes. They have talked about getting signs
up as soon as possible.
Motion: J. Cyr moved that the Board Determine that the Recommended Actions
are Categorically Exempt from the California Environmental Quality Act
as Set Out in the Report; Adopt Resolution No. 00-32, Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Officer to Execute Certificate of Acceptance for Quitclaim
Deeds for Real Property Rights Being Released to District, Authorizing
Officer to Execute Quitclaim Deeds for the Real Property Rights Being
Released, a Grant of Easement Deed for Real Property Rights Being
Conveyed and Authorizing Officer to Execute Private Bridge and
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 Kabcenell);
Authorize the General Manager to Execute the Permit to Enter Allowing
the Kabcenells and their Contractors and Consultants to Access Windy
Hill Open Space Preserve to Construct the Alternative Driveway and
Bridge to Access the Adjacent Private Property from Alpine Road; Final
Adoption of the Use and Management Plan Recommendation to Realign
Approximately 300 Feet of Trail as it Enters Windy Hill Open Space
Preserve from a Town 'Frail on The Sequoias Property. P. Siemens
seconded the motion.
Discussion: P. Siemens commended staff.
Vote: The motion passed 7 to 0.
Meeting 00-15 Page 6
C. Agenda Item No. 3 - Approval of an Agreement with The McKinney Family Trust to
Relocate an Easement for Underground Utilities Over a Portion of Windy Hill Open
Space Preserve; Determine that the Recommended Actions are Categorically Exempt
from the California Environmental Quality Act as Set Out in the Report; Adopt the
Resolution for Execution of an Agreement to Quitclaim an Existing Easement and
Grant an Underground Easement in Favor of The McKinney Family Trust; Authorize
the General Manager and General Counsel to Approve Minor Revisions to the
Agreement that do not Involve any Substantial Change to the Agreement as Set Forth in
the Report; Authorize the General Manager to Execute the Design Review and
Approval Letter Dated June 14, 2000 - (Report R-00-65).
T. Fischer said Ken Morrison, project engineer; Brian Fenske, arborist; David
Dhaliwal, contractor, were present to answer questions.
C. Britton provided background.
T. Fischer reviewed the staff report and showed slides.
Harry Haeussler said he thought this was a good plan.
David Dhaliwal said the high voltage wires had to be protected and they were in a 12
inch pipe which is an industry standard. He explained how the boring machine is
tracked, noting that it is computer guided. He said the bores are split because of the
distance. There are a total of four bores which would take 10-15 working days.
T. Fischer said the final description of the easement would not be done until the bores
are completed.
Motion: P. Siemens moved that the Board determine that the recommended
actions are exempt from the California Environmental Quality Act
(CEQA) as set out in the staff report; adopt Resolution 00-33, Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Approving and Authorizing Acceptance of the Agreement for
Exchange of Easements, Authorizing the President of the Board or Other
Appropriate Officer to Execute an Agreement for Quitclaim of Easement
and Grant of Electric Utility, Communications and Water Easement to
The McKinney Family Trust, and Authorizing General Manager to
Execute Any and All Other Documents Necessary or Appropriate to
Closing the Transaction (Windy Hill Open Space Preserve - The
McKinney Family Trust); and Authorize the General Manager to
Execute the Design Review Response Letter Dated June 14, 2000,
Approving Construction Plans and Easement Remediation and
Environmental Protection Plan. M. Davey seconded the motion.
Meeting 00-15 Page 7
Vote Members of the Board
AYES: Crowder, Cyr, Davey, Hanko, Little, Siemens, Nitz
NOES: None
ABSENT: None
ABSTAIN: None
The motion passed 7 to 0.
Board members acknowledged the work of D. Simmons.
D. Agenda Item No. 4 - Proposed Addition of General Convention Property to the
Cathedral Oaks Area of Sierra Azul Open Space Preserve; Adopt the Resolution
Electing to Retain Ownership of the Former General Convention Property as a
Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve - (Report R-
00-80).
M. Williams outlined staff's recommendations.
Motion: M. Davey moved that the Board adopt Resolution No. 00-34, Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Electing to Retain Ownership of Real Property, Authorizing
Officer to Execute Certificate of Acceptance of Quitclaim Deed to
District, and Authorizing General Manager to Execute Any and All
Other Documents Necessary or Appropriate to the Closing of the
Transaction (Sierra Azul Open Space Preserve - Former Lands of
General Convention of The New Jerusalem). P. Siemens seconded the
motion. The motion passed 7 to 0.
E. Agenda Item No. 5 - Calling of District Elections in Wards, 3, 4 and 7 and Requests
for Election Administration and Consolidation Services from Santa Clara and San
Mateo Counties-, Adopt the Resolution of the Board of Directors to Call an Election and
Requesting Election Administration and Consolidation Services in Santa Clara County
for Wards 3 and 4-, Adopt the Resolution of the Board of Directors to Call an Election
and Requesting Election Administration and Consolidation Services in San Mateo
County for Ward 7; Reconfirm Section 2.12 of the Rules of Procedure Regarding a
Maximum of 200 Words Per Candidate Statement and Payment of Candidates
Statements in Wards Where Two or More Candidates Have Qualified to Appear on the
Ballot; Adopt the Resolution of the Board of Directors Authorizing Not Listing Any
Unopposed Candidate for Election on the November 7, 2000 Ballots of Santa.Clara and
San Mateo Counties - Report R-00-82.
Meeting 00-15 Page 8
D. Dolan reviewed the staff report.
Motion: M. Davey moved that the Board adopt Resolution No. 00-35, Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District Calling Election and Requesting Election Administration and
Consolidation Services - Santa Clara County; adopt Resolution No. 00-
36, Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Calling Election and Requesting Election
Administration and Consolidation Services - San Mateo County;
Reconfirm Section 2.12 of the Rules of Procedure regarding a maximum
of 200 word per candidate statement and payment of candidates'
statements in those wards where two or more candidates have qualified
to appear on the ballot; and adopt Resolution No. 00-37, Resolution of
the Board of Directors of the Midpeninsula Regional Open Space District
Authorizing Not Listing Any Unopposed Candidate for Election on the
November 7, 2,000 Ballots of Santa Clara County and San Mateo
County. J. Cyr seconded the motion.
Discussion: D. Dolan and S. Schectman explained the procedure for obtaining
materials from the county, noting that their policy regarding access to
public documents was the same as the District's.
Vote: The motion passed 7 to 0.
F. Agenda Item No. 6 - Approval of an Application for a Land and Water Conservation
Fund Program Grant to Construct a Segment of the Bay Area Ridge Trail and Parking
Area at Long Ridge Open Space Preserve; Determine that the Recommended Actions
are Categorically Exempt from the California Environmental Quality Act as Set Out in
the Report; Adopt the Resolution Approving the Application to the Land and Water
Conservation Fund Program for a Matching Grant of $30,105 to Construct a Segment
of the Bay Area Ridge Trail and Parking Area at Long Ridge Open Space Preserve -
(Report R-00-78).
D. Vu reviewed the staff report, noting that the proposed trail is being recommended
for hiking and equestrian only. He said there is $1.4 million coming to the state which
will be divided based on population. He said $60 million will go to southern
California, with $40 million coming to the northern part of the state. He said agencies
like the District get 50 percent matching grants. He said they will have trail and
directional signs.
C. Britton said staff will check regarding equestrian access on this trail. He said this
would go to the Use and Management Committee after the grant is approved.
Meeting 00-15 Page 9
Motion: B. Crowder moved that the Board determine that the recommended
actions are categorically exempt from the California Environmental
Quality Act (CEQA); and adopt Resolution No. 00-38, Resolution of the
Board of Directors of the Midpeninsula Regional Open Space District
Approving the Application for Land and Water Conservation Funds for
the Bay Area Ridge Trail Connection at Saratoga Summit Gateway
Project. P. Siemens seconded the motion. The motion passed 7 to 0.
G. Agenda Item No. 7 - Authorize the General Manager to Pay Relocation Expenses UR
to a Maximum of$2,500 for Newly Recruited Management Employees - (Report R-00-
83).
C. Britton said it would be $2,500 per person, and this would become a permanent
policy. It would be paid in a lump sum upon relocation for management employees.
Motion: M. Davey moved that the Board authorize the General Manager to pay
up to $2,500 in relocation expenses for newly recruited management
employees. K. Nitz seconded the motion. The motion passed 7 to 0.
IX. INFORMATIONAL REPORTS
P. Siemens said he had been advised by POST that they would be requesting $50,000 from Los Gatos
for Bear Creek. Monte Sereno had contributed $12,000.
N. Hanko will meet with Liz Kniss regarding a new plan for the Bressler property.
D. Little described his visit to Rancho San Antonio following the Board's vote to take over
management. He said there were many bluebirds.
B. Crowder: 1. M. Davey, P. Siemens, N. Hanko and she went to the Bay Area Open Space
Council Workshop. 2. She attended the dedication of a trail in the Bay Trails in Palo Alto.
K. Nitz and C. Britton went to the Special District Forum in Maryland.
C. Britton: 1. He referred to the press release from POST regarding acquisition of the Pigeon Point
Lighthouse property. 2. He referred to one of the clippings which contained an unusual description
of friendly condemnation. 3. He had a brochure from Bay Area Open Space Council, which he
showed the Board. 4. The Special Park District Forum will be in Minnesota June 13-16, 2001. 5.
He talked about the status of the state budget.
J. Cyr said he and B. Crowder worked the Sunnyvale Art and Wine festival and talked about the
packet of materials they handed out.
Meeting 00-15 Page 10
S. Schectman said the public scoping meetings on the coastal annexation draft service plan will be held
on June 20, 22 and 27. She reminded Board members that a quorum could not attend these unless
they were advertised as a Board meeting.
J. Escobar informed the Board that they had hired a new ranger, Susannah Anderson-Minshall, who
would start June 22.
X. ADJOURNMENT
At 10:14 P.M., the meeting was adjourned. The adjourned closed session reconvened at 10:20
P.M. to discuss Agenda Item No. 2 and adjourned at 11:10 P.M. No reportable action was
taken.
Roberta Wolfe
Recording Secretary