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HomeMy Public PortalAbout19830223 - Minutes - Board of Directors (BOD) Meeting 83-5 AjL low MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 REGULAR MEETING BOARD OF DIRECTORS FEBRUARY 23, 1983 MINUTES I. ROLL CALL President Barbara Green called the meeting to order at 7 : 32 P.M. Members Present: Katherine Duffy, Barbara Green, Edward Shelley, Daniel Wendin, and Richard Bishop. Nonette Hanko arrived at 7 : 34 P.M. Member Absent: Harry Turner. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, Stanley Norton, Jean Fiddes , James Boland, David Topley, Joan Ferguson, Dennis Danielson, Emma Johnson, and William Tannenbaum. II. APPROVAL OF MINUTES A. February 9, 1983 Motion: R. Bishop moved the approval of the minutes of February 9 , 1983. E. Shelley seconded the motion. The motion passed unanimously. III. WRITTEN C014MUNICATIONS B. Green requested written communications relating to dogs on District preserves be introduced during the specific agenda item on the subject. J. Fiddes stated a letter, dated February 14 , 1983, had been received from Senator Alan Cranston expressing his thanks for the District' s views regarding Section 404 of the Federal Water Pollution Control Act of 1972 . IV. ADOPTION OF AGENDA B. Green stated the agenda was adopted as presented by Board consensus. V. ORAL COMMUNICATIONS There were no oral communications. VI. OLD BUSINESS WITH ACTION REQUESTED A. Final Adoption of Use and Management Plan for Los Trancos Open Space Preserve H. Grench reviewed memorandum M-83-20 , dated February 17, 1983, noting no public response had been received on the revised use and management plan for the Preserve. Motion: N. Hanko moved the adoption of the revised use and management plan for the Los Trancos Open Space Preserve as contained in report R-83-3. E. Shelley seconded the motion. The motion passed unanimously. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,NonetteG.Hanko,RichardS.Bishop,Edward Shelley,Harry A.Turner,Daniel G Wendin Meeting 83-5 Page Two VII. NEW BUSINESS WITH ACTION REQUESTED A. Permission of Dogs on District Preserves - Dog Committee Report J. Fiddes stated the Board had received the following telephone and written communications : 1) a call on February 22 , 1983 from Geri Albers , 925 Arbor Road, stating that dogs should be on leash if allowed on preserves; 2) a call on February 23 , 1983 , from Chris Braud, 1531 Tyler-Park Way, Mountain View, stating dogs should not be allowed on preserves because of sanitation problems and danger to smaller wildlife; 3) a letter from Mortand Elaine Levine, 22800 Prospect Road, Cupertino, and John Rakich, 11835 Upland Way, Cupertino, favoring allowing dogs on the Fremont Older Open Space Preserve; 4) a letter from the H. Earl Harris family on Prospect Road favoring prohibiting dogs on the Fremont Older Open Space Preserve; 5) a letter from Millie Connelly of Los Altos favoring allowing dogs at Rancho San Antonio Open Space Preserve; 6) a letter from Susan Liskovec, President, Santa Clara Valley Audubon Society, stating the Society' s preference that no dogs be allowed on District preserves , especially the Rancho San Antonio Open Space Preserve; and 7) a letter from Stanley J. Milstone, 25 North 14th Street, San Jose, favoring prohibiting dogs on District preserves. R. Bishop read a memorandum, dated February 16 , 1983 , from the ten members of the District ' s Ranger staff regarding their concerns about the possible relaxation of the District ' s policy of prohibiting dogs. The Board discussed technical, procedural, and legal requirements relating to the agenda item. N. Hanko reviewed in detail the report and recommendations of the Dog Committee as contained in memorandum M-83-21, dated January 25 , 1983 . She noted the Committee ' s only area of uncertainty was whether dogs should be required to be on leash and said the Committee felt the entire Board should address this issue. B. Green, the sole Dog Committee member who favored having dogs on leash, stated the reasons she supported the requirement. H. Grench introduced the staff report M-83-22 , dated February 17 , 1983 , noting staff recommended the present policy of not allowing dogs on preserves be continued. D. Hansen discussed portions of the report, including the chart with dog compatibility ratings, and J. Boland discussed the reasons, including increased staff time for enforcement of any new regulations and liability implications, staff felt dogs should not be permitted on District preserves. He noted that if dogs were allowed on preserves, staff felt they must be required to be on leash. B. Green opened a public hearing at 8 :23 P.M. David Neilsen, 2317 Sun Mor, Mountain View, expressed his opposition to dogs on District preserves, citing the reasons noted in the Rangers ' memorandum, additional costs that would be incurred, and danger to runners. Meeting 83-5 Page Three Bob Fisse, Route 2 , La Honda, questioned the location of the preserves proposed by the Committee and asked whether District ordinances would supersede a county' s leash law requirement. S. Norton responded he thought at this time the District' s ordinance would supersede a county ordinance on District land. Mavis Smith, 22734 Majestic Oak Way, Cupertino, stated her opposition to allowing dogs on preserves, noting children, wildlife , and dogs did not mix, and expressed her agreement with comments made in the Rangers' memorandum. Pat Allen, 693 Lola Lane , Mountain View, questioned the Board regarding additional expenses that would be incurred if the current policy were changed, the number of dog owners in Santa Clara,, County, and possible health questions involved if dogs were allowed on preserves. E. Shelley stated he would like staff to provide an estimate of costs , both for the possible trial period and on-going costs, for implementing a change in the current no dog policy. Ralph Ritchey, 333 Marmona Drive, Woodside , expressed his support for allowing dogs on District preserves, noting the District should not discriminate against dog owners. Luann O' Dell (spelling uncertain) , Sunnyvale , expressed her opposition to allowing dogs on preserves because of increased noise and stated she did not feel it a valid argument to allow dogs on certain sites just because they had previously been in the area prior to District ownership of the site. Faith Walton, 21721 Columbus , Cupertino, expressed her support for allowing dogs on District preserves and for the three sites selected by the Committee. Ray Girouard from Hidden Villa Ranch discussed experiences he had had with dogs while providing patrol services for the Ranch, noting he felt a leash requirement would not be obeyed. He stated that if dogs were allowed near Windmill Pasture, they should only be allowed to the gate. Frances McTamney (spelling uncertain) , Cupertino, stated her opposition to allowing dogs on preserves , noting the trauma involved for her after being bitten by a dog on the Fremont Older Open Space Preserve. Marguerita Fisse, Route 2 , La Honda, stated that if dogs were allowed on preserves, they should be on leashes , and, she added, that San Mateo County has a leash law. Howard Young, 443 Shepard Avenue , San Jose, questioned whether the Dis- trict would face increased rates for Workers' Compensation Insurance by allowing dogs on preserves. Marian Blukis, 993 Crooked Creek Road, Los Altos, asked how the evening ' s meeting had been noticed and later said a great deal of education for the public would be needed if the current policy regarding dogs were changed. Mary Gilman, Resident Natualist, Deer Hollow Farm, stated she agreed with staff ' s position not to allow dogs on preserves and questioned what types of results were expected from the trial study. Sylvia Ferguson, 707 Continental Circle, Mountain View, said she felt allowing dogs on preserves would cut down on the wildlife experiences preserve users can have. Beth Allen, 667 Melville, Palo Alto, stated dogs should not be allowed on District preserves. Meeting 83-5 Page Four Bob Fisse stated dogs should be on leash, that owners who did not have their dog on leash should be fined, noting strong enforcement criteria should be a part of the experiment. He stated Rangers should have the authority to dispose of problematic dogs . Linda Newberry, former Deer Hollow Farm naturalist currently living in Oregon, discussed the possibility of owners taking dogs onto the Rancho San Antonio Open Space Preserve from Windmill Pasture (a negative factor) , problems dogs had created at Deer Hollow Farm, the amount of increased staff time that would be required if dogs were allowed on some preserves, and her feeling that opening portion preserves to dogs would lead to allowing dogs on other areas and other preserves. B. Green closed the Public Hearing at 9 : 11 P.M. R. Bishop noted the majority of individuals who had attended the Committee meetings had been in favor of allowing dogs on District land. He read the letter of February 14 , 1983 from Mort and Elaine Levine discussing their support for allowing dogs on the Fremont Older Open Space Preserve, discussed the reasons the Committee felt dogs should be allowed on certain preserves on an experimental basis, and said he now felt dogs should be on leash if allowed on District land. N. Hanko stated she also felt dogs should be on leash. D. Wendin stated he favored, in principle, allowing dogs on leash on certain areas, but was not ready to support the areas proposed by the Committee. He stated his concerns regarding enforcement and not having a control against which to measure the results of the experiment, and noted training needs should be handled as a special case. He said the members of the Board should not select the sites on which dogs might be allowed and noted staff should look into the possibility that Rancho San Antonio County Park might be reopened to dogs, noting the District might want to allow dogs on a narrow portion of Rancho San Antonio Open Space Preserve near the tennis courts . Discussion centered on whether the Committee should meet again to discuss alternate sites on which to allow dogs, and there was a Board consensus that the staff should have this responsibility and report back to the full Board. E. Shelley stated that at this stage he would not support any change in the current policy regarding dogs, noting he wanted to know what the long-term plan would be if the experiment were evaluated to be successful and what possible increased costs would be if dogs were permitted in certain areas . He said he felt special training areas were a totally different issue. Motion: D. Wendin moved the Board declare its support in principle for a one year test program allowing dogs on at least some District sites on leash and under control so as not to interfere with other preserve users (including wildlife ) ; and that staff be asked to return at an early date to be discussed with recom- mendations on at least three sites, including enforcement procedures and costs of such a program as well as other items staff feels appropriate to include based on the evening ' s discussion. R. Bishop seconded the motion. Discussion: H. Grench stated he felt staff would need at least one month to respond to the Board' s request. There was Board consensus the staff should be directed to return with their recommendations at the meeting of March 23 , 1983 . Meeting 83-5 Page Five Motion to Amend: E. Shelley moved to amend the motion to include that staff also be directed to return with recommendations on long-term plans dependent on the outcome of the experiment and also the criteria for evaluating the experiment. D. Wendin seconded the motion to amend. Discussion: R. Bishop spoke against the amendment, and D. Wendin and N. Hanko stated they could only support the second part of the amendment. E. Shelley, with D. Wendin ' s concurrence, changed his motion to amend to state that staff be directed to return with criteria for evaluating the one year experiment. The changed amendment passed unanimously. Motion to Amend: K. Duffy moved to amend the main motion to include the statement that the test program be implemented on June 1 . N. Hanko seconded the motion. Discussion: E. Shelley spoke against the motion, noting staff input was needed in order to determine the amount of time required to implement such a program. K. Duffy, with N. Hanko ' s concurrence, reworded her motion to amend to state the staff report should include a discussion of the goal of possible implementation on June 1 . The changed amendment passed on the following vote: Ayes: K. Duffy, B. Green, D. Wendin, N. Hanko, and R. Bishop. Noes: E. Shelley. B. Green stated the staff would report to the Board on this matter on March 23 , 1983 . The motion, as amended twice, passed on the following vote: Ayes: K. Duffy, D. Wendin, B. Green, N. Hanko, and R. Bishop. Noes: E. Shelley. The Board recessed for a break at 10 : 00 P.M. and reconvened for the public meeting at 10 : 09 P.M. B. Proposed Addition to the Mt. Thayer Area of the Manzanita Ridge Open Space Preserve (Remensperger Property) C. Britton introduced the staff report, R-83-8 , dated February 9 , 1983 , regarding the proposed acquisition, noting the Purchase Agreement called for a cash payment of $75, 000 for the 62 acre property. He noted the sellers were requesting the retention of one-half of any mineral royalties for a 50 year period. D. Hansen reviewed the use and management recommendations for the property. Discussion centered on access to the property. Motion_: K. Duffy moved the adoption of Resolution 83-12, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, 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 (Manzanita Ridge Open Space Preserve - Lands of Remensperger) . D. Wendin seconded the motion. The motion passed unanimously. Motion: K. Duffy moved the Board tentatively adopt the interim use and management recommendations included in the report, in- cluding use of Manzanita Ridge Open Space Preserve - Mt. Thayer Area as the official name of the site and withhold the property from dedication at this time. E. Shelley seconded the motion. The motion passed unanimously. Meeting 83-5 Page Six C. Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal Year 1983-1984 H. Grench introduced report R-83-7 , dated February 15 , 1983, on the proposed 1983-1984 Action Plan, and he, C. Britton, D. Hansen, and C. MacDonald reviewed portions of the report and the proposed Action Plan for their respective programs. D. Wendin stated the third and fifth Other Typical Projects and Activities for the Enterprise Activities Subprogram on page seven should include a reference noting such activities would be undertaken in accordance with Board policy. C. MacDonald stated the successful completion of the items in her portion of the Action Plan would require the 3/4 time support, rather than 1/2 time support, of the Public Communications Aide and noted this position' s time has been increased in the Required Staff Resources section. Motion: N. Hanko moved the Board tentatively adopt the proposed Action Plan. E. Shelley seconded the motion. The motion passed unanimously. VIII . INFORMATIONAL REPORTS Possible dates for "The Next Decade" Workshop were discussed, and Saturday, April 23 , 1983 , was tentatively selected. D. Hansen discussed recent developments regarding the proposed Bryan Canyon disposal site and possible impacts on District land that needed to be studied. N. Hanko briefed the Board on recent activities regarding "The Hill" . B. Green stated she and D. Hansen had meet with representatives from the City of Sunnyvale and the Peninsula Open Space Trust to discuss the Bayfront Trail. IX. CLAIMS Motion: E. Shelley moved the approval of the revised claims C-83-4 , dated February 23 , 1983 . R. Bishop seconded the motion. Discussion: C. Britton stated Claim 4714 in the amount of $650 ,000 to First American Title Insurance Company would be the maximum amount paid into escrow for the recent addition to the Whittemore Gulch Redwoods Open Space Preserve. He noted the Board would be apprised if the amount paid was less than the maximum. The motion passed unanimously. X. CLOSED SESSION The Board recessed to Closed Session on land negotiations and litigation matters at 11 : 04 P.M. XI . ADJOURNMENT The Board reconvened to adjourn at 11 : 50 P.M. Jean Fiddes District Clerk s of CORRECTIONS TO MINUTE II. APPROVAL OF MINUTES ` February 23, 1983 Motion: E. Shelley moved the approval of the minutes of February 23, 1983. K. Duffy seconded the motion. Di ussion: B. Green noted the Board's motion on the Permission of Doqs on District Preserves agenda item did not address the group dog use issue.- She stated the Board 's concurrence that it should be introduced as a motion when the dog policy is next considered by the Board on March 23. Thp mntinn nastPd unanimously.