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HomeMy Public PortalAbout19850724 - Minutes - Board of Directors (BOD) Meeting 85-19 All- AW 0 am MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS JULY 24 , 1985 MINUTES I. ROLL CALL President Teena Henshaw called the meeting to order at 7 : 39 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, and Edward Shelley. Richard Bishop arrived at 7 : 42 P.M. Members Absent: Nonette Hanko and Harry Turner. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , James Boland, Del Woods , Mary Gundert, and Cecilia Cyrier., 440- II . APPROVAL OF MINUTES (July 15 , 1985) Motion: K. Duffy moved that the Board approve the minutes of July 15 , 1985. E. Shelley seconded the motion. The minutes were approved 4 to 0. III . WRITTEN COMMUNICATIONS C. Cyrier stated the Board had received the following communications : 1. Letters from Omar A. Serang of Cupertino, John and Joyce Todd of Palo Alto, and Sherry Kritzer of Woodside regarding the proposed development on land adjacent to Russian Ridge Open Space Preserve; 2 . a letter from William Holz of Half Moon Bay asked that con- sideration be given to allow dogs on leash on the Purisima Creek Redwoods Open Space Preserve; and 3. a letter from Candace Stone, William Obermayer and Jamis MacNiven representing the Portola Park Heights Property Owner's Association addressing the question of signing by the District on their access road to Skyline Boulevard, their concerns about the road, and presenting a four-point proposal for the Board to consider before making any long-term decisions on the road. T. Henshaw referred the letter from William Holz to the Dog Committee and stated the letter from the Portola Park Heights Property Owner ' s Association would be addressed during Item Two on the Agenda - Wording Approval for Cautionary Signing for Long Ridge Open Space Preserve. IV. ADOPTION OF AGENDA H. Grench requested the addition on the agenda of a Special Order of the Day. T. Henshaw stated the agenda was adopted by Board consensus with the addition of a Special Order of the Day. R. Bishop was appointed Secretary Pro-Tempore for the meeting. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 85-19 Page 2 V. ORAL COMMUNICATIONS Tom Kavanaugh, 1726 Spring Street, Mountain View requested the Board direct staff to respond to Dorothy Lyddon' s letter to the editor that appeared in the San Jose Mercury. He stated the salary for the new General Manager of the East Bay Regional District was $75 ,000 and relayed statistics about this District. Nadine Trewin, 91 Secluded Avenue, Redwood City stated her intent to mount a campaign to assure that the District and also County officials would allow dogs on leash in all parks, excluding picnic areas and very delicate areas. Harry Haeussler, 1094 Highland Circle, Los Altos asked for current status of the closure of preserves due to fires. D. Hansen stated that all of the preserves had been open for over a week and would remain open until further fire danger. William Obermayer of Portola Park Heights said Ano Nuevo State Park' s maps clearly outline property boundaries and trails , noting District maps could be done in a similar manner. He also inquired how the District' s lobbyist had saved some of the District' s funding and expressed his opposition to the District having a lobbyist. Jim Warren, 345 Swett Road, Woodside, in reference to the Darling property acquisition of a week ago, asked why Bob Goldthwaite owner of the immediately adjacent parcel had not received notification of the hearing. C. Britton responded that notification to contiguous property owners follows the close of escrow so they can participate in final use and management planning if they so wish. Jim Warren, referring to a letter to C. Britton in which he had requested copies of certain District correspondence, questioned what files S. Norton has that belong to the District that do not involve active litigation. S. Norton responded he was not aware of any. Tom Kavanaugh said that letters addressed to property owners under threat of condemnation or given to property owners for IRS purposes should also be retained in District files. VI . SPECIAL ORDERS OF THE DAY H. Grench introduced Cindy Quarton of Peninsula Open Space Trust and she presented a plaque to the District to acknowledge POST' s partici- pation in partial funding for Monte Bello Open Space Preserve. She also indicated that POST had recently committed $16 , 600 to assist in development of Purisima Creek Redwoods Open Space Preserve. VII . OLD BUSINESS WITH ACTION REQUESTED A. Further Discussion of Policies Regarding Procedures Pursuant to Brown Act Amendments , Acquisition of Land Outside District Boundaries and Annexation Memorandum M- - 12 date Ju y 15 , 1985) Brown Act D. Wendin stated that his position had not changed and that the list is necessary to protect the public and effective operation Meeting 85-19 Page 3 of the District. He said the Board needed to begin with the current list noting any single family owner of improved property could request to have their name removed from the list. E. Shelley said he too favored maintaining the list and that the value of the list would not be diminished by removing names of owners of improved property. R. Bishop said he favored eliminating the list and announcing at each meeting those properties to be discussed in Closed Session. He said that the property owner should receive a letter indicating that such a discussion is to be held, and that he believed the problem would be eliminated if an effective policy on eminent domain is adopted. He said he would not make a final decision on this item until the eminent domain policy was determined. K. Duffy said that if the list is not available the Board is locked out of their responsibility as elected public officials. She said a reasonable list should be retained. T. Henshaw said she would not make a decision on the Brown Act implementation until the eminent domain policy is known. She indicated she favored the retention of a reasonable list. E. Shelley added that a fairly broad list was needed because as discussion of one piece of property is occurring, the Board invariably questions its value and/or relationship to other properties. Harry Haeussler stated he felt the words "prior to" in the Brown Act meant notification immediately prior to a Closed Session. Candace Stone, President of the Portola Park Heights Homeowner 's Association, stated that notification should be made before a meeting and that, with the power of eminent domain, the District has enough resources and that the Board does not need to meet in Closed Session. William Obermayer stated that the list needed to be tied with the Master Plan and that the District should perhaps work on land acquisition in one area at a time. Jim Warren stated he supported a reasonable list and that if a list is to be retained, it should contain all relevant information. Charles Touchatt stated that if the initial list had been reason- able, people would not have been so concerned. Tom Kavanaugh said he wanted to be notified if the Board was going to discuss his property in Closed Session, and added the public should be informed if land outside the District was going to be purchased. C. Britton stated staff had anticipated refining the initial list and was awaiting direction from the Board. Meeting 85-19 Page 4 Jim Warren said that if District supplied parcel numbers he could supply corresponding names and addresses to assist the District. Sphere of Influence D. Wendin stated that the Committee had at first recommended that any significant extension of the sphere of influence be approved by voters of the entire District, but had later proposed the alternate consideration that any extension, significant or otherwise, would have to be approved by LAFCO having jurisdiction. R. Bishop said he felt that there would be too much expense and administrative handling involved if extensions were to be approved by voters of the District, and that, after further consideration, he felt that LAFCO procedures provided adequate notice for interested people. He said he favored the present Committee recommendation. E. Shelley proposed the following wording for the recommendation: "District shall limit its acquisition through purchase to lands wholly within the District 's boundary and sphere of influence. " R. Bishop stated that the sphere of influence was established by request from LAFCO to create an ultimate boundary of the District and that the sphere of influence may never again be extended. Tom Kavanaugh said that the District should not purchase any more property in Santa Cruz County until that County agrees to make payments to the District, and that he felt any acquisitions out- side the District' s original boundary violated the original intent of the District. William Obermayer said that land should be bought only within the District boundary unless the Board has consent of all constituents to buy land outside the District. Annexation D. Wendin said that the stated policy was presently in effect. D. Wendin said he felt a Committee meeting was needed to discuss the contract concept and that transition provisions will need to be discussed. The Board concurred that the Committee would not be able to meet before the next Regular Meeting and that they were prepared to take an initial vote on the eminent domain, implementation of Brown Act amendments , acquisition of land outside the District boundaries and annexation of land policies at the August 14 Regular Meeting. B. Wording Approval for Cautionary Signing for Long Rid�e Open Space Preserve (MemorandumM-85-114 date 5 and 198 Memorandum M-85-115 dated July 24 , 1985) D. Hansen summarized the two reports and used the wall map to delineate the road. Meeting 85-19 Page 5 S. Norton used the map to show that the Portola Heights Road is entirely on District-owned land. He said the question is simply what rights does the District have over its own property and said the answer is that the District shall not unreasonably inter- fere with the easement owners use of the road. He indicated that this would include District patrol vehicles , Board and staff mem- bers, and the right of the District to allow public vehicular use of the road, as well as equestrian and hiker use. William Obermayer questioned why the District put a trail along a road that leads to private property. Charles Touchatt stated the safety issue of use of the road by hikers and equestrians needed to be addressed. Bill Sorich, 22330 Skyline Boulevard, La Honda, said that the trail along the road encourages trespass and that use of the road should be closed or supervised. Candace Stone said she had talked with a lawyer and that Civil Code Section 1009 states one cannot use a private road for public purposes; she noted that since the District, as a public agency, owns the road it does make a difference. She asked that hikers be asked to go around rather than across the road. Sandra Touchatt asked the Board to consider a buffer zone to protect private residents. D. Wendin stated that he was proposing that the road remain closed to hikers until a new trail alignment is completed in the fall . K. Duffy said that she was in favor of closing the road until the trail realignment was complete; however, she was not instructing staff to reroute the entire trail since portions of it were not dangerous. Jody Storaasli , 22400 Skyline Boulevard, La Honda, said that the trail closure signs that were installed were more obvious than boundary signs and encouraged that boundary and private property signs be more obvious. Motion: D. Wendin moved that the Board instruct staff that the Portola Heights Road remain closed to hikers until a new trail alignment is completed in the fall . K. Duffy seconded the motion. The motion passed on a vote of 5 to 0. VIII. NEW BUSINESS WITH ACTION REQUESTED A. Use and Management Plan Review for-the Purisima Creek Redwoods Open Space Preserve (Report R- 85-40 dated July 1-8 .- 1985) D. Hansen reviewed the report indicating that the District had applied for and received a California Park and Recreation Facilities Act of 1984 grant to assist in the development of the Preserve. D. Woods , using both wall maps and slides , explained in detail the development of the three parking areas , the trail system and the backpack camp. Meeting 85- 19 Page 6 D. Woods indicated that the following additions would be made to the report prior to the second reading of the Use and Manage- ment Plan: E. Natural Resources and Agricultural Management Existing Use and Management Plan 5. The two abandoned vehicles on the property (one located on the north ridge trail and the second along the con- necting trail between the north trail and Harkins Fire Trail) should be removed. Cost is estimated at $500 with funding to be included in fiscal year 1985-1986 budget preparation. New Use and Management Recommendations 2. Staff will research the dumping problem along Tunitas Creek Road. Solutions , including constructing a berm alongside the road, will be investigated. D. Woods said that the development project was categorically exempt under CEQA guidelines , but this exemption would be reviewed at the time of construction of the parking areas. J. Warren stated that attendance of staff at the recent Kings Mountain Association meeting helped lessen fears and encouraged cooperation. He said concerns addressed were protection of District property, adequate patrol for the site, provision of water on the site, and dumping in the area of Tunitas Creek Road. Marjorie Vallerga, 950 Purissima Road, Kings Mountain, said they are neighbors of the Preserve and complimented the District' s staff and Rangers. Motion: D. Wendin moved that the Board tentatively adopt the Use and Management Plan as presented in the report for the Purisima Creek Redwoods Open Space Preserve and asked staff to return with additions at the second read- ing at the August 14 Regular Meeting. K. Duffy seconded the motion. The motion passed on a vote of 5 to 0. B. Proposed Addition to Sierra Azul Open Space Preserve, Mt. Umunhum Area (Lands of Oden) (Report R-85-39 dated July 18 , 1985) C. Britton, referring to the wall map, indicated that the 69 acre parcel under consideration for acquisition is located east of Highway 17 within unincorporated Santa Clara County and that the purchase price is $172 ,500 payable in cash at close of escrow. D. Hansen presented a series of slides including ones showing the various roads on the property as they branch from the paved Loma Almaden Road. He reported that the southern branch is used by adjacent property owners who have easement rights through the property and that the road is entered through a locked gate. Meeting 85-19 Page 7 Rick Estrada, Treasurer of the Sierra Azul Landowner' s Association, indicated the following concerns in relation to potential use and management of the property: Loma Almaden Road is a private road not designated for public use; the Association installed and maintains the gate to stop destructive activities that had been occurring in the area; the Association will not put up with public parking on the private property and, as an Association, will do whatever is needed for enforcement of this principle; and some of the roads described as trails in the report are easements for the telephone company. Tom Kavanaugh questioned whether the public would be able to use the property and asked if the City of San Jose had been asked to participate in this purchase. H. Grench stated that there had been an exploratory meeting at the staff level with a represen- tative of the City of San Jose to review the City' s Horizon 2000 Plan. T. Henshaw asked how members of the public would access the area and where would they park. D. Hansen responded that there were questions on the public rights on the road and as in similar situations, the District has indicated that access to the property is to be gained by permission from adjacent private property owners. Harry Haeussler said the District should not buy property outside its boundaries and that access questions should be resolved before purchases are made. Motion: K. Duffy moved that the Board adopt Resolution 85-36 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space Preserve Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Cer- tificate of Acceptance of Grant to District, and Author- izing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Sierra Azul Open Space Preserve - Oden Property) . E. Shelley seconded the motion. Discussion: Tom Kavanaugh said he felt the Board was misusing bond money voted upon earlier in the year since he felt the land was being bought for speculation purposes. Charles Touchatt said his concern in the purchase of the land was the fact that the District did not have clear access to the land or a place for a parking area that will not be on private property. T. Henshaw indicated she was going to vote against the acquisition because of the uncertainty of road access to the property. E. Shelley stated the acquisition could be viable even if the District never has public access on the road; noting its usefulness could be a loop-trail up Kennedy Trail to the top of Mt. Umunhum and back. The motion passed on a vote of 4 to 1 with T. Henshaw voting against the motion. Meeting 85-19 Page 8 Motion: D. Wendin moved that the Board tentatively adopt the Interim Use and Management Plan recommendations contained in the report, including naming the property as an addition to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, and indicate its intention to withhold the property from dedication. E. Shelley seconded the motion. The motion passed on a vote of 4 to l. r14,Ua*kAA4t4-" -r0 / alMa C4 4e C. Road Maintenance on U er Crazy Pete 's Road - Coal Creek Open Space 'Preserve (Report R-85-41 dated Juiy 19 , 1985) D. Hansen summarized the report and indicated that staff has been working with the Wexlers and Lynda Rose over the past few years on a verbal road agreement. He said that differences existed on the level of improvement needed for the road. David Wexler reviewed the chronology of the meetings with staff on a possible solution of adequate road maintenance. He discussed his frustrations in working with the staff and said that since no solution seemed forthcoming after almost three years of meetings , he felt compelled to address the Board. K. Duffy asked for clarification of the request that the District share one-third of the cost of road maintenance and asked if the standards for major surfacing of the road had been agreed upon at this time. H. Grench answered that the one-third formula was only for the interim solution because of the additional wear and tear on the road because of the hauling that had occurred. D. Hansen said that the road maintenance policies clearly indicate the level to which roads are to be improved. Motion: D. Wendin moved that staff be authorized to spend up to a total of $2000 including the $500 budgeted to pay one-third of the District 's share of road maintenance and that it not be contingent upon securing a long-term road agreement. E. Shelley seconded the motion. Discussion: E. Shelley said this was a one-time solution for a special case and was not meant to set a District precedent. The motion passed on a vote of 5 to 0 . D. Scheduling of Special Meeting (Memorandum M-85-113 dated July 19 , 1985) H. Grench reviewed the memorandum indicating a Special Meeting was needed before the August 14 Regular Meeting for a land acquisition item. He indicated that August 8 appeared to be the date at which six Board members could be present. Motion: D. Wendin moved that the Board schedule a Special Meeting for 7 : 30 P.M. , Thursday, August 8 at the District office to consider a land acquisition matter and any other items that might be placed on the published agenda. E. Shelley seconded the motion. The motion passed on a vote of 5 to 0. Meeting 85-19 Page 9 IX. INFORMATIONAL REPORTS H. Grench shared with the Board Doni Hubbard ' s new book New Trail Adventures for California Horsemen. H. Grench requested a tentative reading on the suggested date of Wednesday, September 18 for a joint meeting with the San Mateo County Board of Supervisors, beginning at 7 : 00 P.M. in the Board's chambers. He asked President Henshaw to meet with Jackie Speier to discuss agenda and finalize date, place and time. D. Hansen,using a wall map, clarified the Brooks trail easement location and provided an explanation of the agreement. D. Hansen showed slides of the Lexington Reservoir fire. J. Boland said he would be attending a meeting of the Santa Clara County Office of Emergency Services to explore options for reimbursement of monies spent in suppressing the fire and restoring damaged areas. X. REVISED CLAIMS J. Fiddes noted a claim for $172 ,500 payable to Founders Title Company needed to be added to the Claims List for the Oden acquisition. Motion: R. Bishop moved the approval of Revised Claims 85-15 , of July 24 , 1985 , including $172 ,500 for the Oden acquisition. E. Shelley seconded the motion. The motion passed on a vote of 5 to 0. XI . CLOSED SESSION S. Norton announced that litigation matters to be discussed during Closed Session fell under Subdivisions b-1 and b-2 of Government Code Section 54956. 9. The Board adjourned to Closed Session at 11 : 30 P.M. XII . ADJOURNMENT The Board reconvened to adjourn at 12 : 35 A.M. , Thursday, July 25 , 1985. Cecilia A. Cyrier Secretary CORRECTIONS TO THE MINUTES OF JULY 24 , 1985 B. July 24 , 1985 Motion : D. Wendin moved the approval of the minutes of July 24, 1985 . R. Bishop seconded the motion. Discussion: D. Wendin noted that the vote on the motion at the top of Page 8 should be 5 to 0� and T. Henshaw con- firmed that she did not vote against the motion. S. Norton requested his name be added to the list of personnel present at the meeting � William Obermeyer, 22400 Skyline Boulevard, Box 16 , La La Honda, stated the minutes did not reflect D. Wendin' s statement regarding sections of the Long Ridge Road being dangerous. D. Wendin stated he was satisfied with the sense of the minutes as presented. E. Shelley suggested the minutes be tabled to give D. Wendin an opportunity to listen to the meeting tapes to determine if he felt additions should be made to the minutes. Motion to Table : E . Shelley moved that the minutes of July 24 be tabled unt-411 D. Wendin had an opportunity to review tapes of the meeting and that they be presented for approval at the next meeting at which D. Wendin is present . T. Henshaw seconded the motion. Discussion : D. Wendin noted his opposition to the motion, stating he felt Mr . Obermeyer was trying to have the minutes reflect statements that were supportive of Mr. Obermeyer' s position regarding the Long Ridge Road. D. Wendin said he was not willing to listen to the meeting tape, explained that the minutes were not verbatim minutes and said they should reflect the Board ' s action at the meeting, not one Board member' s opinion. R. Bishop noted that unless there is a challenge to the accuracy of the minutes as presented, they should remain as presented. The vote to table the minutes failed to pass by a vote of 5 to 2 . Ayes : E. Shelley and T. Henshaw. Noes : K. Duffy, D. Wendin, N ., Hanko, R. Bishop and H . Turner. Mr. Obermeyer said the Portola Park Heights Homeowners ' Association was unclear whether the Long Ridge Road is private or public due to the District ' s response and S . Norton replied that his legal opinion was included in the meeting' s packet material. Mr. Obermeyer requested that the minutes reflect that Mr. Touchatt had challenged the statement that hikers were not interferring with the Homeowners ' easement rights . Mr. Touchatt subsequently agreed that the statement attributed to him on page five of the minutes was acceptable to him. The motion to approve the minutes passed 5 to 0 with H. Turner and N. Hanko abstaining because they had been absent at the July 24 meeting. Ed CORRECTIONS TO THE MINUTES OF C) July 24 , 1985 J. Fiddes stated that a member of the public had contacted her to point out an incorrect statement in the approved minutes of July 24 , 1985. She said the first sentence of paragraph one on page 5 should be amended to read: "S. Norton used the map to show that the portion in question of the Portola Heights Road is entirely on District-owned land. " Motion: D. Wendin moved that the minutes of the Regular Meeting of July 24 , 1985 be ammended to reflect this change. N. Hanko seconded the motion. The motion passed 4 to 0 .