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HomeMy Public PortalAbout19850410 - Minutes - Board of Directors (BOD) Meeting 85-09 AA� or MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS APRIL 10 , 1985 MINUTES I . ROLL CALL President Teena Henshaw called the meeting to order at 7 : 36 p.m. Members Present: Katherine Duffy, Teena Henshaw, Edward Shelley, Harry Turner, Nonette Hanko, and Richard Bishop. Member Absent: Daniel Wendin Personnel Present: Herbert Grench , Craig Britton, David Hansen, Jean Fiddes , Stanley Norton, James Boland, Joyce Nicholas , and Doris Smith. APPROVAL OF MINUTES A) March 13 , 1985 Motion: E. Shelley moved the adoption of the minutes of March 13 , 1985 . K. Duffy seconded the motion. Discussion: N. Hanko asked that the minutes be corrected on page 4 , paragraph 2 , to change the word "use" to "'acquisition" . Tom Kavanaugh, 1726 Spring Street, Mountain View, refer- red to page 7 , paragraph 4 , and stated that C. Britton was incorrect in stating that Caltrans did the levee work and that the minutes should state that Leslie Salt did the work. C. Britton said that he had just learned that the levee was built up with excess materials that came from a Caltrans job but that the work was done by Leslie Salt. T. Kavanaugh stated that all dredge work was done by Leslie Salt and that the levee' s elevation was a con- cern of local property owners . E. Shelley directed that the minutes for the April 10 meeting include this infor- mation. Jan Sutter, P.O. Box 4 , La Honda, said he listened to tapes of the March 13 meeting and that Mr. Bullis ' state- ment was not accurately reflected. He said the Board meeting minutes do not reflect the flavor of a meeting and expressed his concern that tapes from past meetings were erased. H. Grench stated that Board meeting tapes were erased once the minutes for a meeting were approved in order to recycle the tapes . H. Turner stated that there is merit in saving meeting tapes for awhile. He added that sense minutes are currently taken and that a more expensive alternative would be verbatim minutes. He asked that this subject be placed on a future agenda. Motion: E. Shelley moved that the motion to approve the minutes of March 13 , 1985 be tabled until the April 24 meeting. R. Bishop seconded the motion. The motion passed 6 to 0 . Meeting 85-09 Page 2 T. Henshaw requested that members of the public who felt their statements made at the March 13 meeting had been inaccurately reflected submit a written statement to the Board for review and consideration. B) March 20 , 1985 Motion: H. Turner moved that the Board approve the minutes of the Continued Regular Meeting of March 13 , 1985 , which was held on March 20 . K. Duffy seconded the motion. The motion passed 4 to 0 , with E. Shelley and N. Hanko abstaining because they were absent from the continued meeting. C) March 30 , 1985 Motion: E. Shelley moved that the Board approve the minutes of the Special Workshop Meeting held on March 30, 1985 . R. Bishop seconded the motion. Discussion: N. Hanko stated that the seventh speaker on page 3 noted as unidentified was Candace Stone, 22500 Skyline Boulevard, La Honda. J. Sutter asked that each Board member provide a written statement as N. Hanko had done and that these be included in the minutes. T. Henshaw agreed to there t The motion to approve the amended minutes passed 6 to 0 . III . WRITTEN COMMUNICATIONS D. Smith stated the Board had received the following written communi- cations: 1) a letter, dated April 10 , 1985 , from Janet H. Schwind, 11825 Skyline Boulevard, Los Gatos , opposing the District ' s annexation of private land when the owners of those lands are opposed to the annexation; 2) a letter, dated March 26 , 1985 , from Edward Nelson, P.O. Box 705 , Palo Alto, advising that he is the owner of two parcels of land on Grandview Drive, Woodside, and stating his opposition to the use of that portion of the roadway by the District, any employees of the District or any of the constituents of the District; 3) a letter, dated March 29 , 1985 , from 23 members of the Portola Hills Subdivision in Woodside regarding property rights on Grandview and Espinosa Roads in Woodside. Attached to the letter was the April 5th reply by Land Manager David Hansen suggesting a meeting of subdivision residents with staff and representative Board members to attempt to resolve the issue; 4) a letter, dated March 30 , 1985 , from Carol Doose, 22400 Skyline Bou- levard, La Honda, stating her concerns over the increased traffic and potential urbanization of rural roads , and urging an acquisition mora- torium; 5) a letter, dated April 1 , 1985 , from Laurence Dawson, 13875 Mir Mirou Drive, Los Altos ;Hills , stating his support of the Skyline Ridge Master Plan and encouraging the Board to adopt the plan as presented; 6) a letter, dated March 29 , 1985 , from Jim Warren, 345 Swett Road, Woodside, presenting his position and analyses on condem- nation policy alternatives , annexation, out-of-District purchases , and Brown Act issues; 7) a letter, dated April 1 , 1985, from Robert Zatkin, P.O. Box 620502, Woodside, stating his views of the incompat- ability of mountain bicyclists with other users of the District lands; 8) a letter, dated March 27 , 1985 , from Deborah Jamison, Program Direc- tor of Peninsula Conservation Center Foundation, 2253 Park Boulevard, Meeting 85-09 Page 3 Palo Alto, thanking the Board for allowing her to present the Coali- tion's history and current activities at a recent Board meeting; 9) a letter, dated March 21 , 1985 , from J. MacNiven, W. Obermeyer, and P. Storaasli, representing the Portola Park Heights Property Owners Association, 22400 Skyline Boulevard, Box 16 , La Honda, stating their opposition to use of their community access road as a public hiking trail . They requested that the road not be used as a hiking trail , that no literature be distributed showing the road as a trail , that signs be posted to direct users to more suitable trails , and that the District provide certification of liability insurance naming the Association as an additional insured; 10) a letter, dated March 21 , 1985 , from Walt Marsh , 511 Humber Court, Sunnyvale, praising the Dis- trict for the work done since its inceptionand expressing support for the Board should it have voted to condemn Ms . Dooley' s property; and 11) a letter, dated March 27 , 1985, from Norman R. Bergrum, 26865 St. Francis Road, Los Altos Hills , in support of the retention of the Hassler buildings. T. Henshaw referred the letter from Robert Zatkin referring to mountain bicycle conflicts to the staff . T. Henshaw stated that the issues involving the Grandview Drive easement could probably be resolved at the staff level . H. Turner stated that the safety issue needs discussed in the Portola Park Heights letter should be addressed by staff with a report back to the Board. D. Hansen said he had sent a letter to the Road Committee regarding the question of liability and C. Britton reported on a meeting held on Tuesday, April 2 at the District office with staff and representatives of Portola Heights neighbors, William Obermayer, Carol Doose and Charles Touchatt. He said they discussed the roads and trails of interest to the District in that area. C. Britton stated he informed the group that staff would be willing to meet with them on site to fur- ther discuss any problems relative to the Portola Heights trails . Wil- liam Obermayer, 3200 Long Ridge Road, La Honda, asked that the District make some kind of commitment to stop publicizing the road. T. Henshaw stated that if the members of the Association were not satisfied with actions taken by staff they could ask the Board to consider the matter. C. Touchatt, P.O. Box 254 , Redwood City, said that he felt most of the letters summarized by staff did not reflect what was said in the letter. IV. AGENDA T. Kavanaugh asked that future agendas list what land negotiations would be discussed in Closed Session. H. Grench said that such a listing might be possible but often the specific negotiation items to be discussed in Closed Session were not known until the day of the meeting. T. Henshaw stated the agenda was adopted by Board consensus . V. ORAL COMMUNICATIONS T. Kavanaugh stated that he did not want his property discussed in Closed Session and that he would like an update on the Hassler case, asking if the Board had taken any action. S. Norton responded that the matter is in litigation and cannot be discussed publicly. He said the Board had decided to appeal the appellate court's decision. Meeting 85-09 Page 4 Richard Bullis, Rt. 2 , Box 310, La Honda, commended the Board for thinking about better public communications, adding that the Board should begin by acting in a democratic manner. He called for the Board to have the milk of human kindness , and to not use its force on people, noting that many people do not trust the District. E. Shelley responded that he is concerned about the rights of all of the people in the District. He said it is the Board 's legal responsi- bility to make sure the public gets the rights it paid for. H. Turner said he objected to Mr. Bullis ' partial and selective quotation of Board members ' statements . Tony Such, 22306 Skyline Boulevard, La Honda, stated that the District should not annex land when the property owner objects to the annexation. VI . SPECIAL ORDERS OF THE DAY Announcement of Award for District Docent Program (Memorandum M-85-58 April 5 , 1985) Joyce Nicholas , Coordinator of Volunteers , reported that the District's Docent Program was selected to receive the Friend Award by the National Association of County Park and Recreation officials. She said the award is to be presented in July in Orlando, Florida, during the National Association of Counties Annual Conference. T. Henshaw complimented the docent volunteers for the fine work they are doing and upon being selected for the Friend Award. E. Shelley suggested that the Board send a representative of the docents to Or- lando to accept the award. He stated that he would be in favor of the Board approving funds for staff or volunteer member to personally receive the award. Staff was directed to put this item for discussion on the agenda for the next meeting. VII . PUBLIC HEARING Annexation of Certain Parcels in Santa Cruz County (Report R-85-24 of March 26 , 1985 and Memorandum M-85-30 of February 20 , 1985) H. Grench introduced the staff report and gave a background on the annexation request, noting that when the District applied to the Santa Cruz County Local Agency Formation Commission for the annexation of the 270 acre area, the application did not include the Bar-Y Ranch; however, Santa Cruz County Local Agency Formation Commission, in approving the annexation, required the inclusion of Bar-Y Ranch . He said the Santa Cruz LAFCO did not want to leave an island unannexed even though the owner did not consent to the annexation. H. Grench stated that the Board had two options, to pass the annexa- tion, including the Bar-Y Ranch, or to turn it down. He said that if the Board chooses the latter option, the District might have to wait one year to re-apply. H. Grench reviewed the content of the annexation resolution. N. Hanko said the Board has never voted to annex land where a protest existed and that she would oppose annexation if the owners of Bar-Y protested the annexation. R. Bishop said the District should annex property which the District owns , but not property where an owner objects to annexation. Meeting 85-09 Page 5 T. Henshaw opened the Public Hearing at 8 :38 p.m. Mark Reschar, 112 Calfhill Court, Los Gatos , one of the owners of the Bar-Y Ranch alonq with his wife and sister-in-law, said he would like to register their objection to the annexation for the reasons which they stated to LAFCO. He said they do not want to be in the District for fear of the District exercising right of eminent domain. He said they do not want another layer of government put on them and that the inclusion of Bar-Y would be without a vote of the people. Jim Warren, 345 Swett Road, Woodside, questioned the Board about acreage involved, enforcement of property owners rights and the abil- ity to reapply to LAFCO. R. Fisse, representing the South Skyline Association, expressed his concerns about the District' s previous actions in this annexation pro- cess and the actions of staff in presenting the annexation application to the Santa Cruz LAFCO. He questioned why an appeal had not been made in 30 days after Santa Cruz LAFCO decided to include the Bar-Y parcel . N. Hanko asked staff to investigate annexation procedures and report back to the Board with a written report. 11 . Janet Schwind, of South Skyline Association, read the letter she wrote to the Board in which she stated the Association ' s opposition to the annexation. Gary Folcher, of Santa Cruz County, said he was troubled by the Dis- trict's extending its boundaries into Santa Cruz County. He stated that if the District extends its boundaries, it should stand for election in Santa Cruz County. C. Touchatt said no members of the public had protested the annexation since they did not know about the District' s Sphere of Influence. T. Kavanaugh said the Board should not spend District funds in Santa Cruz County since it is outside of the District boundaries . Carol Krackhouse, of Santa Cruz County, said she does not want the District in Santa Cruz County and she had registered her protest with the Santa Cruz County LAFCO. She urged the Board not to vote for annexation. T. Henshaw closed the Public Hearing at 9 : 05 p.m. R. Bishop said he would oppose the resolution for annexation since the Bar-Y Ranch owners were opposed to the annexation. K. Duffy said she would support the resolution since the District was trying to con- trol its own land, adding that she would support the appeal to remove the Bar-Y Ranch from the annexation. E. Shelley asked what the options would be should the Board choose to appeal the LAFCO decision and ask for a rehearing and what would be accomplished by a continuation of the annexation procedures . H. Grench responded that there was a question as to how long the District would have to wait before it could reapply for the annexation. Motion: H. Turner moved that the Board reject the annexation resolu- tion. T. Henshaw seconded the motion. Discussion: E. Shelley said he would suggest a continuance because he felt some conflicting statements had been made Meeting 85-09 Page 6 at the meeting and that he would like to understand the pro- cedures before taking action. Motion to E. Shelley moved to continue the annexation matter in order Continue: to receive further information from Santa Cruz LAFCO. K. Duffy seconded the motion. The motion to continue was defeated 4 to 2: Ayes - K. Duffy, E. Shelley Noes - T. Henshaw, H. Turner, N. Hanko and R. Bishop S . Norton stated that the Board should formally consider the annexation resolution as contained in the staff report. H. Turner withdrew his original motion; T. Henshaw withdrew her second to that motion. Motion: H. Turner moved that the Board adopt Resolution 85-29 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Ordering Annexation of Territory Designated as "Sempervirens Annexation No. 687-A" Into This District. R. Bishop seconded the motion. The motion was defeated by a vote of 5 to 1 . Aye K. Duffy NOES E. Shelley, T. Henshaw, H. Turner, N. Hanko, and R. Bishop E. Shelley asked for a report from staff at the next meeting or two on what the Board' s options are now and what they would have been earlier in the process Aaw 4t The Board recessed for a break at 9 :18 p.m. and reconvened for the public meeting at 9 : 25 p.m. VIII . OLD BUSINESS WITH ACTION REQUESTED A. Final Adoption of Interim Use and Management Plan for the Stour Investments , Inc. Addition to the Sierra Azul Open Space Preserve (Memorandum M-85-53 of March 29 , 1985 , and Report R-85-09 of February 6 , 1985) D. Hansen stated the Board was being asked to adopt the Interim Use and Management Plan and to withhold the property from dedica- tion. He said that since the initial hearing , staff had not received any further public comments on the acquisition. Motion: H. Turner moved that the Board adopt the Interim Use and Management Plan for the Stour Investments , Inc. property addition as contained in report R-85-09 and withhold the property from dedication. R. Bishop seconded the motion. Discussion: T. Kavanaugh said the property should not have been purchased since it is outside the District boundaries and the Cities of San Jose and Campbell should be asked to participate in the purchase and management with the District. W. Obermayer said that property should not be purchased outside of the District's boundaries and the people should be given a vote before property is acquired. The motion passed 6 to 0 . Meeting 85-09 Page 7 B. Final Adoption of the Revised Use and Management Plan for the Windy Hill Open Space Preserve (Memorandum M-85-55 of April 2, 1985 and Report R-85-19 of March 5 , 1985) D. Hansen explained that the escrow dates shown on the initial report were in error and the correct dates were shown in memoran- dum M-85-55 presented at this meeting. He said no further public comments had been received. Motion: H. Turner moved that the Board adopt the Revised Use and Management Plan for the Windy Hill Open Space Preserve as contained in report R-85-19 and amended in memorandum M-85-55 . N. Hanko seconded the motion. Discussion: H. Haeussler said the District should install the hitching rack discussed in the report and not rely on volunteer help. D. Hansen responded that the Trails Council had requested a rack be installed and had indi- cated they would do the necessary work. The motion passed 6 to 0 . C. Final Adoption of the Los Trancos Open Space Preserve Use and Management Plan (Memorandum M-85-54 of April 2, 1985 and Report R_85-18 of March 7 , 1985) D. Hansen presented the report and stated that no further public comments had been received. Motion: H. Turner moved that the Board adopt the Revised Use and Management Plan for the Los Trancos Open Space Preserve as contained in report R-85-18 and as amended in memoran- dum M-85-54 . N. Hanko seconded the motion. The motion passed 6 to 0 . D. March 30 Workshop Follow-Up (Memorandum M-85-60 of April 5 , 1985) Discussion first centered on the date of the next meeting, which had previously been scheduled for April 17 . H. Grench said it would be difficult for him to attend if the meeting were held on April 17 . Monday, April 15 was discussed as an alternate date. Because of the facts that the meeting had previously been announced for April 17 and that April 15 was the last day to file with IRS, the Board concurred not to change the date. Motion: H. Turner moved that the Board schedule a workshop for Wednesday, April 17 at 7 : 30 p.m. in the Multi-Use Room, 765 Portola Road, Portola Valley. The motion was seconded by E. Shelley. The motion passed 6 to 0 . Discussion next centered on the format for the April 17 meeting, including how T. Henshaw should run the meeting and what time allotments speakers should have. The consensus of the discussion was that the March 30 format should be used again, that elected representatives of a group would be able to speak for five min- utes , and that individuals would have two minutes to speak, with additional opportunities to speak later in the workshop if time allowed. T. Henshaw introduced the recommendation to appoint a Board com- mittee to draft a consensus policy statement regarding the Dis- trict' s use of eminent domain. K. Duffy suggested the committee Meeting 85-09 Page 8 prepare a list of proposed policies and let the Board discuss them item by item. E. Shelley stated that the public needs a feeling of where the Board might be on issues, and a draft policy statement is needed of what Board members might suggest. N. Hanko said she agreed with E. Shelley that a statement be provided that the Board could live with. She said the statement should also state the impacts of any proposed policies . E. Shelley said the consensus statement should include different alternatives and a probable range of possibilities and added that the public needed ample time to review any material prepared for Board consideration. In response to questions from H. Haeussler and T. Kavanaugh, T. Henshaw said this committee would be a closed working committee and its meetings would not be noticed. She noted that public in- put was being gathered at the workshops . H. Turner, N. Hanko and R. Bishop volunteered to serve on the committee. Motion: E. Shelley moved that the Board form a three member working committee to draft for Board consideration a proposed policy change in the use of eminent domain. H. Turner seconded the motion. Discussion: N. Hanko requested that staff provide the Committee with eminent domain policies from comparable agencies and asked Legal Counsel to address whether this Board could legally bind other Boards if guaranteed exemp- tions were made for single family residences. The motion passed 6 to 0 . E. Shelley asked for a clarification of the charge given to the committee, and T. Henshaw stated the Committee was to address the use of eminent domain. She asked that the Committee report back to the Board at the May 8 Regular Meeting. The length of time of the April 17 workshop was discussed. T. Henshaw said the workshop would be from 7 : 30 p.m. to 10 : 30 p.m. IX. NEW BUSINESS WITH ACTION REQUESTED A. Proposed Good Neighbor Communications Program (Memorandum M-85-99 of April 5 , 1985) N. Hanko stated that she felt the controversy surrounding the Brown Act and the use of eminent domain provided the Board with an opportunity for an open window to the community. She discussed the good neighbor communications program she was proposing that included a newsletter geared to property owners and the distribu- tion of various Board policies to property owners in the District' s acquisition and planning areas. She said she felt the Board should oversee the production of a quarterly communication to property owners and host a party somewhere in the Skyline vicinity. T. Henshaw said she liked the thrust of N. Hanko' s suggestion, and she proposed that the subject be held over so that other ideas could be added. She suggested Board member attendance at various landowner organizational meetings on a rotation basis . Meeting 85-09 Page 9 E. Shelley stated he supported the content of the second para- graph of N. Hanko's memorandum and the printing of a brochure stating District policy on acquisition and landowner' s rights and vulnerabilities. He did not feel that the people living in the Skyline area should receive special attention in terms of District news, but should in terms of acquisition policies. H. Turner stated that the Board needs to step up to its responsi- bilities to put people at ease, and he suggested quarterly or semi-annual meetings with homeowners associations . R. Bishop suggested that each Board member put suggestions in writing and give them to N. Hanko. J. Warren said it is desirable for the Board 's communication to be in writing and informational , rather than promotional . C. Touchatt asked the Board to keep in mind that Skyline residents are not the only citizens concerned about the District ' s acquisi- tion program. R. Fisse said the terms of Board members should be limited to allow the opportunity for other people to be elected to the Board and to prevent the Board from being self-perpetuating. He said more out- side views should be presented. J. Schwind said she favored the move in the general direction expressed by N. Hanko, but she asked the Board to go slowly be- cause the party stage has not yet been reached. T. Kavanaugh suggested that private individuals should be allowed to put articles in the District's newsletter and said the District should start its good neighborhood communications programs by sending letters to the property owners on the Brown Act listing. T. Henshaw said she would be willing to work with N. Hanko and that they would return to the Board at a later time with some for- mal recommendations . The Board took no action on this matter at this meeting. B. Permanent Trail Easement Across Lands of Corte Madera, A Limited Partnership, for Windy Hill Open Space Preserve (Report R-85-25 of April 5 , 1985 and Memorandum M-83-82 of July 18 , 1983) C. Britton stated that necessary documents had been received to establish a permanent trail easement between Hamms Gulch and Alpine Road across lands of Corte Madera, a limited partnership. Motion: E. Shelley moved the Board adopt Resolution 85-29 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Gift Easement, Authorizing Officer to Execute Same, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Windy Hill Open Space Preserve - Lands of Corte Madera, A Limited Partnership) . R. Bishop seconded the motion. The motion passed 6 to 0 . C. Scheduling of Special Meeting With San Mateo County Board of Supervisors (Memorandum M-85-57 of April 4 , 1985) H. Grench stated that two dates , May 14 or May 21 , had been Meeting 85-09 Page 10 proposed for the tour of District lands with the San Mateo County Board of Supervisors and that an informal poll showed May 21 as the best date for the District' s Board members. The Board tentatively agreed to schedule a Special Meeting on May 21 , 1985 at 2 : 00 p.m. for a field trip to tour District lands with the San Mateo County Board of Supervisors. H. Grench stated staff would return to the Board at a later meeting for formal action to be taken to schedule the meeting . X. INFORMATIONAL REPORTS T. Henshaw said the Board had received an invitation to a barbecue for Sunday, April 14 , 11 a.m. to 3 p.m. , to celebrate the Tenth Anni- versary of the Santa Clara County Trails and Pathways Committee. R. Bishop said he would attend in the Board' s behalf . Potential dates for Budget Committee meetings were discussed and T. Henshaw announced the first committee meeting would be held at 4 : 30 p.m. on April 23 in the Board room. S. Norton stated matters to be discussed in Closed Session pertained to the Hassler and Aine cases . K. Duffy reported on the Santa Clara LAFCO meeting she attended on the District's annexation of land in San Mateo County. She said protests against the annexation had been voiced and that the matter had been continued because documents concerning survey lines were not in order. XI . CLAIMS Motion: E. Shelley moved that the Board approve the Revised Claims 85-07 . K. Duffy seconded the motion. Discussion: T. Kavanaugh questioned Claims No. 8185 . C. Britton stated that it was for the construction of a carport at 13130 Skyline Boulevard to meet permit requirements established by San Mateo County. XII . CLOSED SESSION The Board recessed to Closed Session at 10 : 50 p.m. XIII . ADJOURNMENT The Board reconvened to Public Session to adjourn at 12 :50 a.m. , Thursday, April 11 , 1985 . Doris Smith Secretary 9 -1 to 4W CORRECTIONS TO THE MINUTES OF APRIL 10 , 1985 C. April 10, 1985 Motion: E. Shelley moved that the Board approve the minutes of April 10, 1985. K. Duffy seconded the motion. Discussion: N. Hanko questioned T. Henshaw' s response on page two under approval of March 30, 1985 minutes. T. Henshaw requested the words "agreed to the request" be replaced by "said individual Board members could pro- vide written statements. " K. Duffy stated the statement on page 5, "N. Hanko asked staff to investigate annexation procedures and report back to the Board with a written report" and the statement on page 6 "E. Shelley asked for a report from staff at the next meeting or two on what the Board' s options are now and what they would have been earlier in the process" should be amended to indicate they were consensus statements of the Board. The motion passed 7 to 0.