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HomeMy Public PortalAbout19850911 - Minutes - Board of Directors (BOD) Meeting 85-24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS SEPTEMBER 11, 1985 MINUTES I . ROLL CALL President Teena Henshaw called the meeting to order at 7 : 32 P.M. Members Present: Daniel Wendin, Teena Henshaw, Nonette Hanko, and Richard Bishop. Katherine Duffy arrived at 7:38 P.M. Edward Shelley arrived at 8 :45 A.M. Member Absent: Harry Turner. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Stanley Norton, Jean Fiddes, Del Woods, and Joan Combs. II . APPROVAL OF MINUTES 1) August 14, 1985 N. Hanko requested the phrase "include or" be deleted from her statement in paragraph 6 on page 6 as that language could exclude areas the Board may decide would not be part of the planning area. Motion: R. Bishop moved that the Board approve the minutes of August 14, 1985 as amended. D. Wendin seconded the motion. The motion passed 4 to 0. 2) August 14 , 1985 Continued Regular Meeting Motion: N. Hanko moved that the Board approve the minutes of the August 14 , 1985 Continued Regular Meeting. R. Bishop seconded the motion. The motion passed 4 to 0. 3) August 15 , 1985 Special Meeting Motion: R. Bishop moved that the Board approve the minutes of the August 15, 1985 Special Meeting. N. Hanko seconded the motion. The motion passed 4 to 0. III , WRITTEN COMMUNICATIONS J. Combs stated the Board had received the following written communications : 1) a letter, dated August 30, 1985, from David Bomberger of Belmont, a Director of the Greenbelt Congress, stating his belief that the first three paragraphs of the draft land acquisition policies, taken together with a clear master plan, would be a sufficient eminent domain policy for the District; 2) a letter, dated August 28 , 1985 , from Stephen Stone, La Honda, concerning the Portola Heights Road and requesting the District to remove pedestrian traffic from his easement by removing the roads from trail maps and making permanent signs indicating the road is for motor vehicles only; 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 85-24 Page two 3) a letter dated August 26 , 1985 from Robert Barlow, Los Gatos, Chairman of the Mt. Umunhum Property Owners Association, N/E Division, concerning the lack of adequate fire protection in the Mt. Umunhum area, suggesting additional trails to provide better access for fire equipment and to serve as fire breaks, and suggesting the development of water storage facilities and the 7oossible 'ormation of a volunteer fire protection agency; 4) a letter dated August 29, 1985 from Carmen Stone and Lynn Briody on behalf of Leadership Sunnyvale, informing the Board of an intensive public affairs leadership development program for individuals inter- ested in learning about the challenges facing Sunnyvale; 5) a letter dated September 5, 1985 from James Yurcenco, Palo Alto, supporting the District' s efforts to acquire land and stating that District funds should continue to be used for open space acquisition rather than open space management; 6) a letter dated September 6, 1985 from Linda Z. Chester, Burlingame , representing the Woodside Mountain Homeowners Association, and lodging a formal protest on its behalf concerning the timely notice of meetings, and requesting that the Board investigate procedures now in effect to notify interested parties of its meeting and take appropriate action to insure that timely notice is given; 7) a letter from Dorothy Lyddon, Cupertino, enclosing information on a workshop on Creative Acquisition of Parkland, to be held October 16 - 18, 1985 in Denver, Colorado; 8) a letter dated September 10, 1985 from Joseph Gughemetti, San Mateo, submitted on behalf of the Portola Park Heights Property Owners Association regarding recent discussion and actions con- cerning the District' s use and proposed use of Portola Heights Road, and placing the Board on notice as to the respective rights of his clients. He discussed easement violation, insurance pro- tection, private adverse possession of the School Road, and maintained that as long as Portola Heights Road remains private, the public has no right of access. R. Bishop said that he felt the letters from Mr. Stone and Mr. Gughemetti should be referred to the District' s Legal Counsel for review. T. Henshaw requested that S. Norton review the letters and report back to the Board at the next Regular Meeting. C. Britton said he would be attending the Creative Acquisition of Parkland workshop referred to in D. Lyddon' s letter. D. Hansen said staff had researched the items mentioned in R. Barlow' s letter and would be replying to the letter. He stated staff was willing to meet with Mr. Barlow to discuss some of the issues raised in the letter and noted staff would be considering fire protection problems under general planning studies for the Mt. Umunhum area. H. Grench, referring to L. Chester' s letter, said that the Woodside Mountain Homeowners Asssociation was on the La Honda Creek Open Space Preserve notification list, adding that notices had been mailed on the Friday preceding the August 28 Regular Meeting. He said it appeared that the mail delivery of the Association' s notice had been delayed. He recommended that staff send a letter of explanation and noted that discussion concerning earlier mailing of agenda materials is scheduled for a future Board discussion. Meeting 85-24 Page three R. Bishop suggested the letter to L. Chester should explain the Board' s policy of notification for land acquisition matters. T. Henshaw requested that staff respond to the other written communications received. IV. ORAL COMMUNICATIONS William Obermayer, 3200 Long Ridge Road, La Honda, asked if the Portola Park Heights Property Owners Association would be receiving a response from District Counsel in response to Mr. Gughemetti ' s letter. T. Henshaw said the Association would receive a response from the Board after the Board considered Mr. Norton' s advice on the questions raised in the letters at its next Regular Meeting. Tom Kavanaugh, 1726 Spring Street, Mountain View, stated that if property he owns is discussed by the Board, he wished it to be done in public, and if done in Closed Session, he wished to be notified. He also asked about the status of the District' s tentative policy on gifts. H. Grench said discussions had been held at the staff level and with Peninsula Open Space Trust about a possible gifts program for the District. T. Henshaw requested that staff check to see whether any Board action or policy had previously been discussed on the matter. V. ADOPTION OF AGENDA H. Grench requested the addition of an urgency item to the agenda and reported that the Bay Conservation and Development Commission would be celebrating its twentieth anniversary before the next Regular Meeting. He suggested a resolution congratulating the Commission be delivered to BCDC at its next meeting and that the Board consider adoption of the proposed resolution as an emergency item. T. Henshaw stated the agenda was adopted by Board consensus, with the addition of item 9, Resolution Congratulating the Bay Conservation and Development Commission on the Occasion of its Twentieth Anniversary. VI. OLD BUSINESS WITH ACTION REQUESTED A. Adoption of Amendments to Long Ridge Open Space Preserve Use and Management Plan Regarding Trail Alignment and Signing (Memorandum M-85-136 of September 6 , 1985) D. Hansen said there had been a field meeting and discussions with the trail builder since discussion of the proposed trail alignment amendment by the Board at the previous Board meeting. D. Woods said he met with the trail contractor on August 29 to discuss the feasibility of constructing section A through B, and said four members of the public attended the meeting. He reported that it was determined that construction of section A through B is feasible, since most of the area is suitable in slope. He noted the time estimate for construction of section A to B is three to four days at an estimated cost of $1350 to $1800, and for section A to C, approximately four to five days at an estimated cost of $1800 to $2250. He said staff recommends that the entire A through C section be built at this time. N. Hanko asked if the trail will be completed by late fall and open to the public. D. Hansen said the trail would be open to the public after signing is completed. Charles Touchatt, P.O. Box 254 , Redwood City, asked that sufficient notice be given to volunteer help in the trail construction. D. Hansen said volunteer trail work was tentatively scheduled for M-85-24 Page four the last two weekends in September, and in response to a question from Steve Wolf, Box 332A, Star Route 2, La Honda, D. Hansen said equestrian use of the trail system would be allowed. W. Obermayer asked about gating on the roads to prevent the public from hiking on the road. D. Woods said some gating and fencing might be necessary or there was a possibility of swinging the trail in an easterly direction. He discussed the placement of locks on certain gates on the property, and D. Hansen stated he was prepared to discuss the matter with Mr. Obermayer, but did not feel it was a specific part of the agenda item before the Board. Motion: R. Bishop moved adoption of the amendment to the Long Ridge Open Space Preserve Use and Management Plan as revised. N. Hanko seconded the motion. Discussion: W. Obermayer said he maintained the District had no authority to place signs on the road without per- mission from the Portola Park Heights Property Owners Association. Sandra Touchatt, Candace Stone, and Carol Doose expressed their opposition to the placement of speed limit signs on the road. N. Hanko asked S. Norton to comment on the District' s right to install 15 MPH signs without agreement of the property owners. S. Norton replied that he wished to study the question before commenting. K. Duffy said S. Norton should also look at liability concerns involved when considering the signing question and report back to the Board. Motion to Amend: N. Hanko moved that the part of the staff report regarding the 15 MPH signing be removed. R. Bishop seconded the motion. The motion to amend passed on a vote of 4 to 1 with K. Duffy voting against the motion. The motion as amended passed 5 to 0. D. Wendin clarified that the motion to amend was intended to delete the entire last paragraph of the staff report M-85-136. B. Final Adoption of the Interim Use and Management Plan for the Darling Acquisition to the La Honda Creek Olen Space Preserve (M-85-133 of September 5, 1985) D. Hansen stated a letter had been received from Eugene Egger, a neighbor of the Preserve, saying he was very pleased with the acquisition and had several suggestions about trails on the property. C. Britton said that an additional forty property owners in the vicinity, as well as adjacent property owners, had been notified concerning the acquisition. Motion: R. Bishop moved that the Board adopt the Interim Use and Management Plan contained in the staff report, including the naming, and that the property be withheld from dedi- cation as public open space. K. Duffy seconded the motion. The motion passed 5 to 0. Meeting 85-24 Page five C. Final Adoption of Interim Use and Management Plan for State Lands Commission Lease Addition to the San Mateo County Baylands Reserve TM--85-135 of September 3, 1985) D. Hansen noted that the 49 year lease of the 99 acre property had been recorded on August 2, 1985. T. Kavanaugh suggested that the Board consider allowing the Fish and Wildlife Service to manage the property. D. Hansen stated that this was a strong consideration, and said staff had contacted the Fish and Wildlife Service for help in patrolling the property. Motion: R. Bishop moved that the Board adopt the Interim Use and Management Plan as contained in the staff report, in- cluding the naming, and dedicate the District' s interest in the property as public open space. K. Duffy seconded the motion. The motion passed 5 to 0. VII. NEW BUSINESS WITH ACTION REQUESTED A. Letter to Duveneck Family in Recognition of the Contribution of Frank Duveneck to This District (M-85-132 of September 5, 1985) T. Henshaw said she would be writing the Duveneck family in behalf of the Board. R. Bishop said the gift of Windmill Pasture and agreements for open space easements were a monument to Frank and Josephine Duveneck. T. Henshaw stated that since D. Hansen was out of the room, the agenda order would be changed and agenda item 8 would be considered at this time. B. Approval of Monte Bello Open Space Preserve Communication Sublease by Gill Industries (R-85-49 of September 5, 1985) C. Britton noted that under the master lease with Gill Cable, there is a requirement that any sublease proposals must be approved in advance and said the District was interested in seeing that the communications facilities on Black Mountain do not escalate in terms of visual marring of the area. He noted that this proposal replaces two existing dish antennas and that the District would receive 25% of the income, which would initially be $450 per month. He said that staff was recommending that minor amendments or subleases to existing leases should be handled now and in future by the General Manager and added the resolution included a section so authorizing. Motion: K. Duffy moved that the Board adopt Resolution 85-46 , a Resolution of the Board of Directors of the midpeninsula Regional open Space District, Approving the Ground Communications Sublease Between Gill Industries and Westinghouse Broadcast and Cable Company, Inc. , KPIX and Authorizing the General Manager to Approve and Execute This and Future Lease Revisions, Amendments and Sub- leases of a Minor Nature as Determined by the General Manager (Monte Bello Open Space P eve - Black Mountain) . 4tk CAA� 14t�Y�� �C=L_k- Discussion: D. Wendin stated that some sort of a check was needed in terms of the General Manager' s authority to approve minor changes in the leases. He recommended that the Board receive an informational report from the General Manager on each occasion the power is exercised. The motion passed 5 to 0. Meeting 85-24 Page six H. Grench stated as a clarification that the Board had passed only the Resolution, but since there had been no objection to D. Wendin's statement, the Board concurred that the General Manager should make an informational report to the Board about any lease changes he approves. T. Henshaw stated that the Board would consider agenda item 9 as D. Hansen was out of the room. C. Resolution Congratulating the Bay Conservation and Development Commission on the Occasion of Its Twentieth Anniversary (M-85-140 of September 9, 1985) Motion: N. Hanko moved that the Board adopt Resolution 85-47, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Congratulating the San Francisco Bay Conservation and Development Commission on the Occasion of Its Twentieth Anniversary. K. Duffy seconded the motion. The motion passed 5 to 0. R. Bishop said he would present the resolution to the Commission if his schedule permitted. D. Response to Request by Santa Clara Valley Water District for District Contribution to Reseeding Project on Sierra Azul Open Space Preserve (M-85-138 of September 4, 1985) D. Hansen referred to the letter received by the Board from the Santa Clara Valley Water District requesting that the District participate in a reseeding and mulching program for the acreage burned in the Lexington fire. He said staff had learned that the District was not eligible for federal emergency funding because no structures were involved in the fire on District lands, and noted the California Department of Forestry is carrying out its own aerial reseeding program and will be reseeding District property. He pointed out areas of concern on District lands on a wall map, noting firebreak areas which had been denuded of top soil and vegetation and had great erosion potential. He said CDF had done some regrading of fire breaks in the Mt. Thayer and Mt. Umunhum areas. He said staff suggested the District contribute to the reseeding program by CDF, and the mulching of firebreak areas. Motion: D. Wendin moved that the Board authorize staff to enter into an agreement with the Santa Clara Valley Water District as the clearinghouse for the Lexington Fire Damage Assistance program to pay $5625 to aid the restoration of District lands by straw mulching of 51 acres and aerial reseeding of 150 District acres near Mt. Umunhum. R. Bishop seconded the motion. The motion passed 5 to 0. E. Willingness by Midpeninsula Regional Open Space District to Accept the Management of the Leslie Dike South of the Dumbarton Bridge (M-85-139 of September 6, 1985) D. Hansen pointed out the proposed management area on the wall map. He stated that approximately 1400 feet of the levee would be dedicated and open to the public for passive uses and noted that Peninsula Open Space Trust is the potential recipient of the property, and that POST has asked the District to take over the long term management of the property. He said staff had Meeting 85-24 Page seven completed an analysis of management problems for the property, noted that the Fish and Wildlife Service would be asked to aid the District in patrolling the area, and said staff had made cost estimates for gating and fencing. He noted there were no alternative trails that could be used when dredging spoils are placed on the levee, making it unusable as a trail for up to two years afterwards. He said some money had been budgeted for gating and fencing on the north end of the levee. He noted that apparently the District would have to bear the full cost of trail building. H. Grench stated that Peninsula Open Space Trust requires a letter from the District indicating the District' s willingness to undertake management of the property. Motion: K. Duffy moved that the Board authorize the General Manager to indicate its willingness to the Peninsula Open Space Trust, Leslie Salt Company, and BCDC to accept management of the Leslie Salt portion of the levee as outlined in the staff report. R. Bishop seconded the motion. Discussion: In response to a question from T. Kavanaugh, D. Hansen stated that the Corps prefers a levee elevation of 12 feet above mean high tide level, and that Leslie Salt Company will help with maintenance of the levee. Harry Haeussler, 1094 Highland Circle, Los Altos, asked if it was the District' s responsibility to maintain or improve the levee. C. Britton said that Leslie Salt Company maintains the levee because of the company' s salt operations. Discussion centered around the District' s responsibility to maintain the levee or raise it if required by Corps of Engineers' requirements. T. Henshaw asked that staff report to the Board at the next Regular Meeting on the subject of responsibility for maintaining or raising the levee. The motion passed 6 to 0. F. Scheduling of Special Meeting with San Mateo County Board of Supervisors and Discussion of Agenda Items (M-85-134 of September 5 , 1985) T. Henshaw reported that she and H. Turner had met with Supervisor Speier to discuss the format and agenda for the meeting. She said that a brainstorming session would include discussion of possible joint ventures and that the District presentation would emphasize the Hosking and Purisima Creek acquisitions, as well as short term and long term goals and the District' s eminent domain policy. R. Bishop stated he felt it would be a good idea for each agency to discuss its land acquisition plans and policies. Motion: R. Bishop moved that the Board schedule a Special Meeting with the San Mateo County Board of Supervisors on Sep- tember 18, 1985 at 7: 30 P.M. in Room 101 of the San Mateo County Government Center. N. Hanko seconded the motion. The motion passed 6 to 0. Motion: R. Bishop moved that the Board adopt the Suggested Agenda. T. Henshaw seconded the motion. The motion passed 6 to 0. Meeting 85-24 Page eight VIII . INFORMATIONAL REPORTS C. Britton reported that escrow had closed on the 600 acre Hosking acquisition. D. Hansen stated Santa Clara County had closed certain parks due to fire danger. H. Haeussler discussed various stables that had closed in the immediate area. Charles Gatania, P.O. Box 336 , La Honda, said he felt there was a communications gap between the District and residents of La Honda and offered to provide a kiosk on his property for displaying information. E. Shelley noted that the minutes of the Special Meeting of August 15, 1985 did not show that he had been present at the meeting. He also stated that in the minutes of August 14 , 1985, page nine, final motion at the bottom of the page, the date should read "August 15" rather than "August 14" . There were no objections to E. Shelley' s changes to the minutes. IX. CLAIMS Motion: E. Shelley moved that the Board approve Revised Claims 85-19 of September 11, 1985. R. Bishop seconded the motion. The motion passed 6 to 0. X. CLOSED SESSION S. Norton announced that litigation matters to be discussed in Closed Session fell under subdivisions (b) (1) and (b) (2) of Government Code Section 54956. 9. H. Grench said the Fike lease would be discussed during the negotiations. The Board recessed to Closed Session at 9: 38 P.M. XI. ADJOURNMENT The Board reconvened to adjourn at 10:35 P.M. Joan Combs Secretary Corrections to Minutes of September 11 , 1985 2) September 11, 1985 E. Shelley noted that there was no seconder for the motion at the bottom of page five. D. Wendin said he had seconded the motion. Motion: K. Duffy moved that the Board approve the minutes of September 11 , 1985 as amended. H. Turner seconded the motion. H. Turner abstained since he was absent from the meeting, and E. Shelley abstained because he was absent from a portion of the meeting. The motion passed 5 to 0.