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HomeMy Public PortalAbout19860827 - Minutes - Board of Directors (BOD) Meeting 86-20 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 AUGUST 27, 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7 : 32 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, and Harry Turner. Members Absent: Nonette Hanko and Richard Bishop. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes, Stanley Norton, James Boland, Mary Gundert, and Cecilia Cyrier. II. WRITTEN COMMUNICATIONS C. Cyrier reported that the Board had received a letter, dated August 17 , from Craig Johnson, 26 Sneckner Court, Menlo Park, applauding the pending acquisition of the Peter' s property on Russian Ridge and inquiring if the District has considered the acquisition of the Aries property in Portola Valley below the Windy Hill Open Space Preserve. E. Shelley stated the Board' s consensus that it would be appropriate for staff to respond. III. ORAL COMMUNICATIONS Kathy Kennedy-Miller, 16222 Skyline Blvd. , Woodside, speaking as a resi- dent of Allen Road, presented written material for Board review regarding access to the Dyer property. She indicated that the residents of Allen Road had met with staff. She said that the following items were an update to the written material : the Board of Supervisors of San Mateo County voted not to accept Allen Road into the County system, that Bear Gulch Road is a County maintained road and that the Board of Supervisors is not considering improving the road, that the Dyers have 50 foot ease- ments on one section and 20 foot easements on another section of Allen Road, and that the Dyers have prescriptive rights on Bear Gulch Road. As President of the King' s Mountain Association, she invited the Board to the Art Fair. IV. ADOPTION OF AGENDA E. Shelley stated that the agenda was adopted by Board consensus. V. BOARD BUSINESS A. Progress Report on Contract Sheriff' s Pateol Program for the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-86-69 of August 20, 1986) 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 86-20 Page two J. Boland reviewed the staff report and noted that staff had received some information from the County Counsel ' s office since preparation of the Board report regarding the contract, that discussions are still in progress regarding liability and indemnification, and that this matter would be referred to District Counsel. Rick Estrada, P.O. Box 153, New Almaden, representing the Mt. Umunhum Landowners Association, asked for clarification on the patrolling by the Sheriff' s Department on that section of Mt. Umunhum Road that is not gated and is private property. J. Boland reported that the road below the gate is being treated by the contracted Sheriff' s deputies and District staff as a public road during daylight hours and that after sunset the road is treated as a closed road since District lands which include sections of the road, are then closed. In response to Rick Estrada' s question as to whether the deputies are acting as agents of the Santa Clara County Sheriff' s office or as District agents, J. Boland said that according to the agreement they are acting as Santa Clara County Deputies and not as District employees. In response to Mr. Estrada' s question pertaining to District policy for parking on through roads within District property, J. Boland said that areas for parking on District lands are so indicated and that for this particular area of the Sierra Azul Open Space Preserve the shoulder area of the road is recommended. E. Shelley asked that staff address these questions with the Sheriff' s Department. Randy Perretta, P.O. Box 98 , New Almaden, said that Mt. Umunhum Road is a private road according to a study prepared by the Santa Clara County Sheriff' s office and that the District should amend its road use policy. Robert McKibben, 1331 Los Arboles, Sunnyvale, asked how the deputies are selected for this patrol program. J. Boland said that currently the shifts are put out to bid and that after the initial training period a core group will be established for this patrol program. In response to D. Wendin' s question directed to the residents in attendance at the meeting if they were satisfied with the program aside from the road issue, Randy Perretta responded yes , particularly working with Land Management staff, greater Ranger presence, the resident caretaker, and the installation of the guard rail, but they dislike the use of the road through and to their property for recreational purposes by the public. B. Proposed Acquisition of Remaining Interests (Allen) in Lands of North et al. for Sierra Azul Open Space Preserve, Mt. Umunhum Area (Report R-86-68 of August 19 , 1986) C. Britton reviewed the staff report which proposes the purchase of the last one-quarter interest in this 143 acre parcel located near Mt. El Sombroso. D. Hansen noted that here were no additional Interim Use and Management Plan recommendations. H. Grench stated that unless the Board felt differently, he was not planning to have a second reading on the Use and Management Plan since the same plan had had readings on two occasions when the other partial interests had been acquired. There was no objection from any Director to this procedure. Meeting 86-20 Page three Motion: K. Duffy moved that the Board adopt Resolution 86-45, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certifi- cate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of North et al. - Allen) . T. Henshaw seconded the motion. The motion passed 5 to 0. Motion: K. Duffy moved that the Board confirm the previously adopted Interim Use and Management Plan reiterated 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 at this time. T. Henshaw seconded the motion. The motion passed 5 to 0. C. Use and Management Plan Review for the Page Mill Road Area of Monte Bello Open Space Preserve (Report R-86-71 of August 21, 1986) D. Hansen reviewed the staff report stating that Monte Bello open Space Preserve is the second most popular District Preserve. D. Woods stated that there are two types of conflicts on the trails : 1) bicy- clists and hikers on the narrow portion of the Stevens Creek Nature Trail, and 2) the mountain bicyclists on the unfamiliar narrow steep trails where they lose control and have accidents. He said staff is recommending that the narrow portion of the Nature Trail be closed to bicyclists. D. Woods showed slides of the areas designated in the recommendation sections of the report. K. Duffy inquired about the condition of the County and District trail approaches from Saratoga Gap, the trail from Grizzly Flat, and the trail to Stevens Canyon Road. D. Hansen answered that they were in good condition or recently improved by District staff. D. Wendin said he was pleased about the anticipated new trail con- nection near Page Mill Road,'*' and T. Henshaw spoke in favor of the recommendations for the backpack camp as presented in the attachment to the report. Discussion centered on advisability of allowing vehicles in the area rather than retaining the backpack camp as a walk-in facility. Mark Winitz, 1638 Corte Via, Los Altos, asked if adoption of the Revised Use and Management Plan included the recommendations in the attachment on the backpack camp, because he was in favor of the use of the Monte Bello parking lot for vehicles, and he also asked if a general trail use plan for bicyclists was currently in effect. D. Hansen responded that recommendations for the backpack camp would be studied and refined and incorporated if appropriate into the Revised Use and Management Plan at the time of the second reading before the Board, and that staff is working on policies for trail use by bicyclists. It was clarified that the attachment to the report was an internal staff memorandum that was not in the current recommendations. Meeting 86-20 Page four Motion: D. Wendin moved that the Board tentatively adopt the Revised Use and Management Plan as given in the report. T. Henshaw seconded the motion. The motion passed 5 to 0 . D. Proposed Noravian Property Addition to Sierra Azul Open Space Pre- serve (Report R-86-70 of August 20 , 1986) C. Britton, using the wall map, delineated the proposed 30 acre addition in the Soda Springs Road area and stated that the agreement provides for a purchase price of $100 ,000 . D. Woods showed slides of the subject property, and D. Hansen reported that the property could provide a link in the regional trail system proposed for the area. He also stated that a gate would be installed at the northerly boundary to prevent illegal entry, and that this property and the former Carter property could be the begin- ning of a new preserve in the area. Motion: K. Duffy moved that the Board adopt Resolution 86-46 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certifi- cate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Noravian et al. ) . T. Henshaw seconded the motion. The motion passed 5 to 0. Motion: K. Duffy 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, and indicate its intention to withhold the property from dedication at this time. T. Henshaw seconded the motion. The motion passed 5 to 0. E. Authorization Request to Enter Into Long-Term Telephone Equipment Lease (Report R-86-72 of August 21 , 1986) J. Fiddes reviewed the report and recommended that the General Manager be authorized to enter into a five-year lease for the Merlin system. Motion: H. Turner moved that the Board authorize the General Manager to enter into a five-year lease in the amount of $17 ,354 . 40 with Citicorp Industrial Credit, Inc. for a Merlin Commu- nications System, Model 1030 . K. Duffy seconded the motion. The motion passed 5 to 0. VI . UNFINISHED BUSINESS A. Review of the Use and Management Plans for the Duveneck Windmill Pasture Area of the Rancho San Antonio Open Space Preserve and for the Foothills Open Space Preserve (Report R-86-64 of August 5 , 1986 and Report R-86-67 of August 14 , 1986) Meeting 86-20 Page five D. Hansen reviewed the report, indicating the acquisition of an additional open space easement from the Trust for Hidden Villa was the only addition to the Preserve since the last review in 1983. He indicated that staff will be working closely with De Anza Properties, holders of the controlling interest in the Neary property. D. Woods reported that after unsuccessfully attempting to solicit volunteer reconstruction, a recent bid for rebuilding the windmill and making it function as a working water pump for equestrian and wildlife use was $9 ,840 and for only reinstating the tower and rotor was $8 ,670. The tower would have to be four-legged rather than the three of the original tower. He stated this item needed to be explored further and that additional information would be presented at the second reading. He showed slides of both the Wind- mill Pasture Area of Rancho San Antonio Open Space Preserve and of the Foothills Open Space Preserve. He stated that of particular note in the Foothills Open Space Preserve portion of the report is the contemplated trail to be built by the City of Palo Alto from their Arastra Preserve to the District' s Los Trancos Open Space Preserve, crossing Foothills open Space Preserve and Foothills Park. Discussion followed on whether the windmill should be retained for its sentimental and historical value, whether it should be refur- bished for functional purposes, or whether it should be removed and a historic plaque installed. Motion: D. Wendin moved that the Board tentatively adopt the Revised Use and Management Plan as given in the report for the Duveneck Windmill Pasture Area of Rancho San Antonio Open Space Preserve and for the Foothills open Space Pre- serve. T. Henshaw seconded the motion. The motion passed 5 to 0 . B. Program Evaluation for 1985-1986 Fiscal Year (Report R-86-61 of August 1, 1986 and Report R-86-66 of August 14 , 1986) H. Grench stated that the written program evaluation report was for the entire 1985-1986 fiscal year and that he was asking the program leaders to concentrate on the accomplishments of the second half of 1985-1986 fiscal year in their oral reports. C. Britton reported that the two most significant projects for the second half of the fiscal year were the Eilertsen property cooperative acquisition with the Town of Los Gatos funding one-half of the costs and the acquisition of the former Almaden Air Force Station at Mt. Umunhum after seven years of negotiation. D. Hansen stated that the Five Year Staffing Study and budget deliberations as well as being awarded close to one million dollars in grant monies were the highlights of the second half of the 1985-1986 fiscal year. M. Hale noted that concentration during the second half of 1985-1986 fiscal year focused on the presentation of a new Action Plan program and that the new All-Site Brochure would be available soon. 14 Meeting 86-20 Page six J. Fiddes reported the highlights for the General Management and Program Support Program were the move to the District ' s new head- quarters and the presentation to the Budget Committee on the employee fringe benefit study. Motion: E. Shelley moved that the Board accept the program evalua- tion for the 1985-1986 fiscal year and adopt the proposed wording changes in the 1986-1987 Action Plan objectives for the Open Space Management Program. H. Turner seconded the motion. The motion passed 5 to 0. VIII. INFORMATIONAL REPORTS H. Grench reminded the Board of the People for Open Space Conference on Saturday, September 27 at U.C. Berkeley. He indicated he would probably be moderator of one of the sessions and that Director Hanko had voiced an interest in attending. Motion: D. Wendin moved that the expenses of Directors would be reimbursed. E. Shelley seconded the motion. The motion passed 5 to 0. M. Hale confirmed that the Town of Los Gatos and District event at Los Gatos Creek Park is scheduled for October 18 from 11 : 00 A.M. to 2: 00 P.M. D. Hansen said that the north ridge parking area at Purisima Creek Redwoods Open Space Preserve would be available for parking for patrons of the King' s Mountain Art Fair this weekend. E. Shelley reported that the meeting that H. Grench, D. Hansen, and he attended at the invitation of the San Mateo County Planning Com- mission, with the Parks Commission in attendance, was positive and beneficial. IX. CLAIMS Motion: H. Turner moved the approval of Revised Claims 86-16 . T. Henshaw seconded the motion. The motion passed 5 to 0. X. CLOSED SESSION S. Norton announced that litigation matters to be discussed in Closed Session fell under Subdivision (a) (1) of Government Code Section 54956 . 9 and related to the lawsuit filed by McQueen against the District. The Board recessed to Closed Session at 9 :30 P.M. XI . ADJOURNMENT The Board reconvened to adjourn the meeting at 11: 33 P.M. Cecilia A. Cyrier Secretary CORRECTION TO MINUTES OF AUGUST 27 , 1986 B. August 27 , 1986 D. Wendin requested the addition of the statement "and the trail down Goldmine Creek" after the word "Road" in his statement in the third sentence of paragraph two of item C on page three. Motion: D. Wendin moved the approval of the minutes as amended. T. Henshaw seconded the motion. The motion passed 7 to 0 .