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HomeMy Public PortalAbout19860709 - Minutes - Board of Directors (BOD) Meeting 86-17 e AA. WL Nk Vi 3a=is mir MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 REGULAR MEETING BOARD OF DIRECTORS JULY 9 , 1986 MINUTES I. ROLL CALL Vice President Daniel Wendin called the meeting to order at 7 : 32 P.M. Members Present: Katherine Duffy, Daniel Wendin, Nonette Hanko, Harry Turner, and Richard Bishop. Members Absent: Teena Henshaw and Edward Shelley. Personnel Present: Herbert Grench, David Hansen, Mary Hale, Del Woods , James Boland, Walter Goggin, Robert Jenne, David Camp, and Doris Smith. II. SPECIAL ORDERS OF THE DAY D. Wendin introduced members of Girl Scout Troop #176 of Los Altos who led the Pledge of Allegiance to the Flag. III . APPROVAL OF MINUTES A) May 28 , 1986 Motion: R. Bishop moved that the Board approve the minutes of May 28 , 1986 . H. Turner seconded the motion. The motion passed 5 to 0 . B) June 18 , 1986 Motion: R. Bishop moved the approval of the minutes of June 18 , 1986. H. Turner seconded the motion. The motion passed 5 to 0 . IV. WRITTEN COMMUNICATIONS D. Smith stated there were no written communications . V. ORAL COMMUNICATIONS Craig Conway, 2001 Bear Gulch Road, Woodside, addressed the Board re- garding his concerns over the purchase of the Dyer property. He stated that his concerns are 1) the use and safety of Bear Gulch and Allen Roads , and 2) the use of Bear Gulch Road by people not used to driving on Bear Gulch Road. He recommended to the Board that a safe , direct access to the Dyer property be made from Skyline Boulevard. H. Grench noted that, because of some of the problems related to the Dyer property, the neighbors would be brought into the planning pro- cesses in a very significant manner to assure neighborhood input. 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 86-17 Page 2 R. Bishop said that the planning process for this acquisition would be for a period of one year during which time access to the property would be limited and would require a permit to enter the Preserve. Kathy Miller, 16222 Skyline Boulevard, Woodside, stated her concerns about turning Allen Road into a public road. Bob Upton, 245 Allen Road, Woodside, noted his concerns about easement rights to the Dyer property from Allen Road. He asked if the District had contemplated other accesses to the land. D. Wendin asked D. Hansen to be sure these individuals would be involved in the planning process for the use and management planning for the Dyer property. Discussion followed on the notification procedures which are used to inform neighboring property owners of District acquisitions . N. Hanko stated she believed neighbors should be notified of property acquisitions by the District at the time of acquisition and not at close of escrow. VI . ADOPTION OF AGENDA D. Wendin stated that the agenda was adopted by Board consensus. VII . BOARD BUSINESS A. Review of the Use and Management Plan for the Fremont Older Open Space Preserve (report R-86-49 of July 1, 1986) D. Hansen reviewed the report, noting the three additional Use and Management Plan items that had been considered since the last re- view. D. Woods noted that use of the Preserve had increased due possibly to the fact that dogs are now allowed on sections of the Preserve, running events which are scheduled periodically, and the increasing popularity of mountain bicycles . He reviewed the sum- mary charts attached to the report, and he noted that three major items are now being considered for the new or revised Use and Manage- ment projects : 1) securing the parking lot; 2) Seven Springs drain- age repairs and clean-up, and 3) to solicit an agricultural lease for the hayfield. Slides were shown of the Preserve. K. Duffy noted a discrepancy in the report which stated the trail entrance to the hayfield would be realigned and clarified in 1987- 1988 , and on Chart A this is scheduled for 1986-1987 . D. Hansen stated this item is scheduled for late 1986 , and K. Duffy said cor- rection should be made to page 3 of the staff report. She also noted that the adobe has remained vacant for the past two years , and she stated that the lease should be settled to get the building occupied. W. Goggin gave an update of his efforts to secure a les- see for the adobe and that decisions will need to be made regarding how best to address the problems of deterioration of the structure. Robert McKibbin, 1331 Los Arboles, Sunnyvale , stated his opposition to an agricultural lease for the hayfield. Motion: R. Bishop moved the tentative adoption of the Revised Use and Management Plan for the Fremont older Open Space Pre- serve as contained in the staff report. H. Turner seconded the motion. Discussion: Discussion centered on preservation of the Meeting 86-17 Page 3 meadow area to preserve bird and wildlife habitats, and staff was asked to report back at the second reading on the study that had been done regarding hayfield operations . B. Proposed Addition to the Thornewood Open Space Preserve (Zand Acqui- sition (report R-86-52 of July 2 , 1986) D. Hansen reviewed the staff report which proposes the purchase of 11. 4 acres of land located in the Town of Woodside southeast of the intersection of Dennis Martin Creek and Old La Honda Road for a purchase price of $260 ,000 , and W. Goggin reviewed the terms of the purchase agreement as contained in the report. D. Hansen noted that the lot is a building site and that staff is recommending that the property not be dedicated at this time. He said the potential for the lot lies in a trade for other land or trail rights in the vicinity or for resale if a trail connection cannot be made. D. Wendin stated that the purchase of the Zand property at this time is a contingent purchase which could be used over the next few years as part of an acquisition plan to completion of a trail , or the property could be resold if a trail connection cannot be made. N. Hanko concurred with D. Wendin 's statement and noted that at the present time the purchase of the property seems the only way to provide a trail to Wunderlich County Park and also to Windy Hill Open Space Preserve. She said she feels strongly that the District should not invade the Grandview Drive area, which is on a private road. Motion: H. Turner moved the adoption of Resolution 86-42 , a Resolu- tion of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Cer- tificate of Acceptance of Grant to District, and Author- izing General Manager to Execute Any and All Other Docu- ments Necessary to Closing of the Transaction (Thornewood Open Space Preserve - Zand Property) . R. Bishop seconded the motion. The motion passed 5 to 0 . Motion: H. Turner moved the tentative adoption of the Interim Use and Management Plan recommendations contained in the report, naming the property an addition to the Thornewood Open Space Preserve, and indicating the Board 's intention to withhold the property from dedication at this time. N. Hanko seconded the motion. The motion passed 5 to 0 . C. Progress Report on Contract Sheriff 's Patrol Program for the Sierra Azul Open Space Preserve, Mt. Umunhum Area (report R-86-51 of July 2 , 1986) J. Boland reported that good progress had been made with the Sheriff 's Department to secure an agreement which would provide patrol coverage of approximately 20 hours per week for the District 's Mt. Umunhum and Hicks Road areas . He noted that only a few minor points in a formal agreement still need to be worked out and that the Sheriff 's Depart- ment was willing to get started on the basis of an informal agreement. Meeting 86-17 Page 4 Motion: D. Wendin moved that the Board authorize staff to proceed with an oral agreement with the Sheriff 's Department which would be effective for a period of up to six weeks during which time a formal written agreement can be implemented. D. Duffy seconded the motion. Discussion: Several residents of the Mt. Umunhum-Hicks Road areas were present to report on problems in the vicin- ity which require patrol coverage. Discussion centered on how extensive the patrol coverage should be, and D. Hansen stated coverage would be provided only for District lands . J. Boland noted that Sheriff ' s Deputy Doug Miller was killed recently in the line of duty while working near the Lex- ington area. Rick Estrada stated that one of the residents has suggested that some kind of appropriate monument be dedicated to the memory of Deputy Miller. The motion passed 5 to 0 . D. Wendin said he would like a progress report in one month after the agreement is in effect, and he stated this should be agendized so that residents could be kept informed. D. Land Acquisition Policy Brochure Content Outline (report R-86-50 of July 1, 1986) H. Grench provided an overview of the staff report, and he noted that a number of specific purposes and uses of the brochure are stated on page 2 of the report. He said that upon the Board 's general approval and modification of the outline, staff will return to the Board with the exact wording of the text to be recommended for the brochure. N. Hanko suggested that an open-ended sentence, "I would like more information regarding. . . (your comment) " be added as number 7 to Section V, Tear-Out Return Form, on page 4 of the staff report. D. Wendin felt that Item D of Section II , "Procedures used in the acquisition of property by the District, including policies regarding potential use of eminent domain and arbitration, " may deserve a major section of its own. H. Grench concurred with both comments . Motion: K. Duffy moved that the Board approve the preliminary out- line for content and format as described in the staff re- port; mail the brochure to everyone on the Board-approved lists in an initial, well-publicized, mailing; print and mail the entire text of the eminent domain policy as a separate document at the time the brochure is initially mailed; include a letter from the President to introduce the brochure when it is initially mailed; and include the two changes suggested at this meeting. N. Hanko secon- ded the motion. The motion passed 5 to 0 . VIII . INFORMATIONAL REPORTS H. Grench reported that the 1986 promissory note closing went well. H. Grench reported on two items of legislation which are of interest to the District. He said that SB 1717 , the 500 million dollar open space Meeting 86-17 Page 5 bond issue , has been deferred, and a decision will be made later to determine if this measure will appear on the June or November 1988 bal- lot. He said that SB 1685 , the District-sponsored legislation , passed the Ways and Means Committee today. J. Boland reported that there were no major incidents on District pre- serves on the Fourth of July. He noted that ten Rangers were on duty and that attendance figures were high, especially at Fremont Older, Ran- cho San Antonio , and the Skyline area. He also reported on two acci- dents which occurred last Saturday at Fremont Older Open Space Preserve, one an equestrian accident and the other a bicycle accident. K. Duffy referred to an article which appeared in the June issue of the Kings Mountain Association newsletter which gave a distorted view of the District 's burning procedures at the Purisima Creek Redwoods Open Space Preserve. J. Boland stated that the District had attempted to obtain a permit from California Department of Forestry to burn slash which had been removed from the whole access trail on the Preserve. He noted that weather conditions at the time, during the winter months , were wet and cold, and CDF advised staff that a burn permit would not be required during the off-season; however, an air quality permit was required and obtained from CDF for the burn operation. He said he called Jim Warren and Bob Seaby to protest the article and was told the Association would print a letter stating the District 's position in a subsequent issue of the newsletter. It was the consensus of the Board that a letter should definitely be sent stating that the District had followed proper pro- cedures . N. Hanko told of a report she had received of timber cutting in the vi- cinity of El Corte de Madera Creek Open Space Preserve. Staff reported that they are monitoring this activity for violations of the agreement. K. Duffy reported on a newspaper article concerning the proposed road over the Novitiate property to the Sisters of Charity property which had been approved by the Los Gatos Town Council. * D. Hansen said that a timetable had been prepared for the Master Plan process as requested by the Board at its last meeting. IX. CLAIMS Motion: D. Wendin moved the approval of Revised Claims 86-13 . H. Turner seconded the motion. The motion passed 5 to 0 . X. CLOSED SESSION D. Wendin said that no Closed Session would be necessary. XI . ADJOURNMENT The meeting adjourned at 10 : 10 P.M. Doris Smith Secretary CORRECTION TO MINUTES OF JULY 9 , 1986 APPROVAL OF MINUTES A) July 9 1986 Motion: R. Bishop moved the approval of the minutes of July 9 , 1986 D. Wendin seconded the motion. Discussion: K. Duffy referred to the Informational Report concerning the proposed road over the Novitiate property and requested the item be corrected to note that the Town of Los Gatos had approved a use permit for the College which required a road but had not approved a road plan. R. Bishop accepted the amendment as part of his motion. The motion passed 5 to 0 , with T. Henshaw abstaining because she was absent from the meeting.