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) .
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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.