HomeMy Public PortalAbout19860910 - Minutes - Board of Directors (BOD) Meeting 86-21
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
SEPTEMBER 10 , 1986
MINUTES
I . ROLL CALL
President Edward Shelley called the meeting to order at 7 :38 P .M.
Members Present: Katherine Duffy, Teena Henshaw, Daniel Wendin,
Edward Shelley, Harry Turner, Richard Bishop, and Nonette Hanko.
Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale,
Jean Fiddes, Del Woods, James Boland, Michael Foster, Stanley Norton,
and Joan Combs .
II . APPROVAL OF MINUTES
A. August 13 , 1986
E. Shelley requested that his statement in the second paragraph on
page ten at the end of the third line after the parentheses be
corrected to read " . . .it is essential that the District retain
the power to acquire it. Such an acquisition is not. . . "
Motion: R. Bishop moved the approval of the minutes as amended.
T. Henshaw seconded the motion. The motion passed 7 to 0 .
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 .
III . WRITTEN COMMUNICATIONS
J. Combs stated the Board had received the following written communications :
1) a letter from Harry Haeussler, 1094 Highland Circle, Los Altos,
dated August 28 , 1986 , recommending purchase of at least two motor
bikes for use by field staff;
2) an announcement of a September 13, 1986 workshop sponsored by the
Bay Area Park and Recreation Commissioners ' and Board Members '
Council;
3) letters from David Torin, 721 Ensign Way, Palo Alto, dated September 5;
from Barbara Bergman, 20 ,000 Skyline Boulevard, Woodside, dated
September 8; and Florence Clementson, P .O. Box 7585 , Menlo Park,
dated September 8 , thanking the Board for its intention to acquire the
Peters property as an addition to the Russian Ridge Open Space Preserve.
Herbert A.Grench,Genera(Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 86-21 Page two
E. Shelley stated the Board' s consensus that staff repond to the
written communications .
IV. ORAL COMMUNICATIONS
There were no oral communications .
V. ADOPTION OF AGENDA
E. Shelley stated that the agenda was adopted by Board consensus .
VI . SPECIAL ORDERS OF THE DAY
A. Acknowledgement of Contributions by Retiring Docent Doug Erskine
(Report R-86-79 of September- 4 , 1986)
D. Hansen reviewed Doug Erskine' s outstanding volunteer service to
the District and stated that the Resolution of Appreciation will be
presented to Mr. Erskine at the Board' s Staff/Docent Recognition
Event on September 14 . E . Shelley stated that Mr. Erskine had set
an admirable example for all District docents .
Motion: R. Bishop moved adoption of Resolution 86-47, a Resolution
of Appreciation of the Board of Directors of the Midpeninsula
Regional Open Space District Acknowledging the Generous
Contribution of Doug Erskine to the District. H . Turner
seconded the motion. The motion passed 7 to 0 .
VII . BOARD BUSINESS
A. Final Adoption of the Revised Use and Management Plan for the Page
Mill Road Area of Monte Bello Open Space Preserve (Report R-86-80
of September 3, 1986)
D. Hansen discussed the Administrative Guidelines for the backpack
camp and said visitors were being discouraged from parking vehicles
overnight in the Monte Bello or Los Trancos parking lots because
of possible District liability. He said the new guidelines will
continue essentially to restrict the backpack camp to bicyclists
and hikers.
R. Bishop suggested an occasional vehicle might be allowed to drop
off supplies at the camp and recommended some flexibility in the
guidelines . N. Hanko stated that the Administrative Guidelines
should reflect actual policies . K. Duffy also recommended some
flexibility in the matter of allowing vehicles to drive to the
backpack camp.
Motion: K. Duffy moved the adoption of the Revised Use and Management
Plan for the Page Mill Road Area of Monte Bello Open Space
Preserve as amended in the staff report. N. Hanko seconded
the motion. The motion passed 7 to 0 .
B. Final Adoption of the Interim Use and Management Plan for the Zand
Property Addition to the Thornewood Open Space Preserve (Report
R-86-74 of September 3 , 1986)
D. Hansen stated that escrow had closed on August 18 and that the
lot line adjustment reduced the property size from 11.4 to 10 acres .
He said no further public comment had been received.
H. Turner asked for clarification of the access to Schilling Lake
from Grandview Drive. D. Hansen said District vehicles have access ,
Meeting 86-21 Page three
but there is no public access. He said a road maintenance agreement
with the neighbors is being drafted.
Motion: R. Bishop moved the adoption of the Interim Use and Management
Plan for the property, including the naming, and that the
property be withheld from dedication at this time . H.
Turner seconded the motion. The motion passed 7 to 0 .
C. Final Adoption of the Revised Use and Management Plan for the
Duveneck Windmill Pasture Area of Rancho San Antonio Open Space
Preserve and for Foothills Open Space Preserve (Report R-86-77 of
September 3, 1986)
D. Hansen said that staff, after reviewing the consultant' s report,
felt that the cost of a new windmill was not justifiable. He said
that staff recommended removing the windmill, putting up a sign
showing a replica of the structure, and offering the existing
windmill to the Trust for Hidden Villa.
N. Hanko urged the Board to consider the matter carefully before
taking action to remove the windmill. She suggested that the
Trust for Hidden Villa be consulted concerning a recommendation for
disposition of the structure .
R. Bishop stated that he felt it was desirable to preserve the
windmill for its historic value and said that he supported N. Hanko' s
suggestion to consult with the Trust for Hidden Villa.
Motion: D. Wendin moved that the Board adopt the Revised Use and
Management Plan for the Rancho San Antonio Open Space
Preserve, Duveneck Windmill Pasture Area and for the
Foothills Open Space Preserve as referenced and amended
in staff report R-86-77 , with the substitution " . . .staff
will return to the Board for the Board's approval to
implement the proposal" for "the proposal will be implemented"
in line three of item 1 under Structures and Improvements .
T. Henshaw seconded the motion.
Discussion: John Anderson, 20265 Skyline Boulevard, Woodside,
suggested preserving what is left of the windmill structure,
perhaps by protective fencing. He also expressed concerns
about security at Windmill Pasture.
Mark Winitz , 1638 Corte Via, Los Altos , suggested the
media might be contacted to help place this problem
before the public.
With the concurrence of T. Henshaw, D. Wendin offered
substitute language regarding the windmill, namely that
staff contact the Trust for Hidden Villa and other known
interested persons for their input on the final disposition
of the windmill frame and rotor and return to the Board
with a proposal. The motion passed 7 to 0 .
D. Wendin stated that he would like staff to address the fence
enclosure idea when they return to the Board.
D. Proposed Peters Property Addition to the Russian Ridge open Space
Preserve (Report R-86-76 of September 4 , 1986)
C. Britton said that the acquisition proposal before the Board
consisted of three agreements , which were all part of one package,
for the two separate parcels being proposed for acquisition. He
stated that the total cost of Parcel 1 was $2 , 150 , 000 and $900 ,000
for Parcel 2 .
Meeting 86-21 Page four
D. Hansen showed slides of both parcels and pointed out potential
trail routes and connections on the wall map. He said the property
was a spectacular and long-awaited acquisition which would complement
the existing Preserve. He stated that a grazing plan would be
brought back to the Board for consideration at the time the Russian
Ridge Use and Management Plan was reviewed.
K. Duffy expressed concern that the road on the back side of the
ridge leading to private property might create a problem with
public trespass. D. Hansen said heavy signing will be needed,
and the road will not be shown on maps distributed to the public.
Lynn Quam, Star Route 2, Box 403, La Honda, adjacent property owner,
suggested building a trail above the road and questioned the Board
about private property and the District' s policy regarding District
and private owners ' rights on road easements passing through the
property. D. Hansen responded that the general trend was to try
not to make an easement into a public trail unless there was no
alternative.
D. Hansen said an item could be added to the Interim Use and
Management Plan for the property to look into ways to alleviate
potential public trespassing on private property.
N . Hanko said she was pleased to have the public well represented
at the meeting, and thanked the members of the public for coming
and for their suggestions . H. Grench stated the District had
received at least 19 earlier communications supporting the acquisition.
Bob Fisse, Box 402, Star Route 2 , La Honda, representing the South
Skyline Association, said it was the general consensus of neighbors
of the Preserve that retaining grazing on the property was important
for fire hazard suppression. Mr. Quam expressed his support for
the continuance of cattle grazing on both parcels .
John Anderson said he was pleased that future development of the
area would be precluded by the District' s acquisition of the
property. He added it was sometimes difficult to determine
District boundaries , and recommended more extensive signing.
Barbara Green, 1170 Crandano Court, Sunnyvale, representing the
Committee for Green Foothills, expressed the organization 's
appreciation for the acquisition, and Adele Norton, Star Route 2 ,
Box 464 , La Honda, spoke in favor of the acquisition.
Motion: H. Turner moved that the Board adopt Resolution 86-48 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Purchase Agreement - Bargain Sale, Authorizing Officer
to Execute certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute Any and All
Other Documents Necessary to Closing of the Transaction
(Russian Ridge Open Space Preserve - Peters Property) .
N. Hanko seconded the motion. The motion passed 7 to 0 .
Meeting 86-21 Page five
Motion: H. Turner moved that the Board adopt Resolution 86-49 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Agreement to Extinguish Cloud on Title to Real Property,
Authorizing Officer to Execute Certificate of Acceptance
of Quitclaim to District, and Authorizing General Manager
to Execute Any and All Other Documents Necessary to
Closing of the Transaction (Russian Ridge Open Space
Preserve - Peters Property/Bullis Interest) . N. Hanko
seconded the motion. The motion passed 7 to 0 .
Motion: H. Turner moved that the Board adopt Resolution 86-50 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Agreement to Purchase Real Property, Authorizing Officer
to Execute Certificate of Acceptance of Grant to District,
and Authorizing General Manager to Execute Any and All
Other Documents Necessary to Closing of the Transaction
(Russian Ridge Open Space Preserve - Peters Property) .
N. Hanko seconded the motion. The motion passed 7 to 0 .
Motion: H. Turner moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations contained
in the staff report, name the properties as additions to
the Russian Ridge Open Space Preserve, and indicate its
intention to dedicate the properties as public open space.
N. Hanko seconded the motion. The motion passed 7 to 0 .
Motion to Amend: K. Duffy moved to amend the motion to include
directing staff to address the potential problem
of user encroachment on private property in the
Interim Use and Management Plan. T. Henshaw
seconded the motion. The motion passed 7 to 0 .
The motion as amended passed 7 to 0 .
E. Proposed Luckenbach Property Addition to Limekiln Canyon Area of
Sierra Azul Open Space Preserve (Report R-86-75 of September 3 , 1986)
C. Britton reviewed the terms of the proposed acquisition, and
D. Hansen stated that the various items of equipment shown in the
slides would be removed, but some items were to be retained for use
by field staff.
N. Hanko questioned the plans for immediate removal of the
Christmas trees , since it seemed contrary to procedure to take
such an action for an Interim Use and Management Plan. D. Hansen
said staff felt that the trees are an intrusion to the chaparral
and grassland landscape, and that there was no question the
trees should be removed.
Motion: K. Duffy moved that the Board adopt Resolution 86-51, a
Resolution of the Board of Directors of the Midpeninsula
Regional open Space District Authorizing Acceptance of
Purchase Agreement - Bargain Sale, Authorizing Officer to
Execute Certificate 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
Luckenbach et al. ) . T. Henshaw seconded the motion.
The motion passed 7 to 0 .
Meeting 86-21 Page six
Motion: K. Duffy moved that the Board tentatively adopt the
Interim Use and Management Plan recommendations contained
in the staff report, name the property an addition to the
Limekiln Canyon Area of the Sierra Azul Open Space Preserve,
and indicate its intention to dedicate the property except
for density credits . R. Bishop seconded the motion. The
motion passed 7 to 0 .
F. Proposed Dyer Property Addition to the La Honda Creek Open Space
Preserve (Amendment to Agreements) (Report R-86-78 of September 4 , 1986)
C. Britton reviewed the two contingencies in the current purchase
agreement, the first requiring assurance of a continuous recorded
access right along Allen Road and the second requiring settlement
of the current litigation on the "back road. " He said that the
90 day provision to resolve these problems and close escrow was
not sufficient, and that the owners were willing to grant an
extension in close of escrow, but that the District had to remove
the contingencies in the agreement.
Discussion centered on possible access for patrol purposes and
public, on possible staging areas , and alternative access possi-
bilities to the property.
N. Hanko said the property was important to the District, and said
she hoped a staging area near Skyline could be provided for visitors .
Laura Gould, 2200 Bear Gulch Road, Woodside, said she was opposed
to widening of Bear Gulch Road and to major access to the property
via Allen Road, but supported the acquisition of the property.
She said alternative access needs to be sought by the District.
Michael Allen, attorney in the case of Mills vs Dyer, expressed
concern with the statements in the staff report concerning alternate
access , i .e. , the "skid trail, " and said he was opposed to an
attempt by the District to expand its rights across the jeep trail .
Kathy Kennedy-Miller, 16222 Skyline Boulevard, Woodside, expressed
concerns for person as well as public safety if a large amount of
traffic was allowed on Allen Road.
Thor Errow stated that the Dyers have no prescriptive rights
over the road.
Gerry Andeen, 1135 Santa Cruz Avenue, Menlo Park, addressing the
neighbors, asked how they could encourage the District to purchase
the property but not use it.
Motion: N. Hanko moved that the Board adopt Resolution 86-52, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Amendment to Agreement to Purchase Real Property (Extension
of Time for Closing) and Authorizing General Manager to
Execute Any and All Other Documents Necessary or Appro-
priate to Closing of the Transaction (La Honda Creek
Open Space Preserve - Lands of Dyer) . H. Turner seconded
the motion. The motion passed 7 to 0 .
Meeting 86-21 Page seven
Motion: N. Hanko moved that the Board adopt Resolution 86-53, a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Authorizing Acceptance of
Amendment to Agreement to Purchase Option to Purchase
Real Property (Extension of Time for Closing) and
Authorizing General Manager to Execute Any and All Other
Documents Necessary or Appropriate to Closing of the
Transaction (La Honda Creek Open Space Preserve - Lands
of Dyer) . H . Turner seconded the motion. The motion
passed 7 to 0 .
G. Public Notification Policies (Report R-86-73 of September 3 , 1986)
H. Grench reviewed the two proposals in Director Hanko ' s initial
report concerning public notification and reviewed the recommended
changes in the Public Notification Policies . He said that owners
of contiguous property, at the time they receive the first notice
and staff report, will be advised that they can subscribe to
agendas .
Discussion centered around the Kings Mountain Association' s
recommendations concerning public notification and N. Hanko stated
that she would like the Board to think about providing the public
more than five days notice to consider an acquisition.
Kathy Kennedy-Miller and Janet Schwind, 11825 Skyline Boulevard,
Los Gatos, spoke in favor of additional notification time. J.
Schwind suggested that in all cases an acquisition notice be
posted on or near the property.
Motion: N. Hanko moved that the Board adopt the amendments to
the Public Notification Policies contained in the
staff report. R. Bishop seconded the motion. The
motion passed 7 to 0 .
VIII . INFORMATIONAL REPORTS
K. Duffy reminded the Board of the September 14 Staff/Docent Recognition
Event at Picchetti .
R. Bishop reported on the Hassler on-site public meeting on September 9 .
He said there was a clear consensus from those attending that they
wish to maintain the property as is for passive recreation.
R. Bishop stated he will be attending a meeting with a representative
from the President' s Commission on the American Outdoors in San
Francisco on September 11.
N. Hanko said she would be presenting a report to the 2020 Task Force
on September 11 concerning the possible establishment of a south
Santa Clara County open space district.
Kathy Kennedy-Miller announced a Candidates ' Night on October 16
at the Community Center on Skyline Boulevard.
IX. CLAIMS
Motion: H. Turner moved the approval of Revised Claims 86-17 .
T. Henshaw seconded the motion. The motion passed 7 to 0 .
Meeting 86-21 Page eight
X. CLOSED SESSION
The Board adjourned to Closed Session at 10 : 15 P .M. S . Norton
stated no litigation matters would be discussed during the Closed
Session.
XI . ADJOURNMENT
The Board reconvened to adjourn at 11:01 P.M.
Joan Combs
Secretary