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HomeMy Public PortalAbout19861124 - Minutes - Board of Directors (BOD) Meeting 86-28 oe a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 RESCHEDULED REGULAR MEETING BOARD OF DIRECTORS NOVEMBER 24 , 1986 MINUTES I. ROLL CALL President Edward Shelley called the meeting to order at 7 : 37 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Harry Turner, and Richard Bishop. Member Absent: Nonette Hanko. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes, James Boland, Del Woods , Stanley Norton, John Escobar, Dennis Danielson, and Cecilia Cyrier. II. APPROVAL OF MINUTES November 12, 1986 Motion: D. Wendin moved that the Board approve the minutes of November 12, 1986 . T. Henshaw seconded the motion. The motion passed 6 to 0. III. WRITTEN COMMUNICATIONS C. Cyrier stated that the Board had received the following written communication: 1) a letter from Candace Stone, President, Portola Park Heights Property Owner' s Association, dated November 20 , 1986 , requesting Item 7 concerning the Emergency Access Road in the "Policy Regarding Private Use of Emergency Access Road Over Long Ridge Open Space Preserve" be deleted. E. Shelley said this communication would be addressed in the second agenda item. IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA E. Shelley stated that the agenda was adopted by Board consensus. 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 86-28 Page two VI . BOARD BUSINESS A. Final Status Report on Legislative Program for 1985-1986 Legislative Session (Report R-86-111 of November 13 , 1986) H. Grench noted that the staff report relayed the final status of the District' s Legislative Program for 1985-1986 legislative session. He informed the Board that Ralph Heim was leaving California Advocates to go to another advocacy firm. He introduced Loren Smith, a founder of California Advocates, and Ralph Simoni who has been with the firm for one year. Mr. Smith and Mr. Simoni presented background information on California Advocates and insights on the recent election as they might effect the District' s programs. B. Use and Management Plan Review for the Long Ridge Open Space Preserve (Report R-86-114 of November 17 , 1986) E. Shelley stated that the question of the road agreement would be addressed before the rest of the Use and Management Plan. D. Hansen reviewed the key elements of the proposed policy, stating that if the policy was not adhered to, road users in vehicles would be cited and that the District assumed no liability on use of the road. He said that the key element of disagreement was Item 7 in which the District would retain the right to disallow use of the School Road, to reroute sections of the Road or to block or remove sections of the Road. D. Wendin, speaking on behalf of the ad hoc committee, addressed Item 7, stating that the District as a public district was not in a position to give up the rights that it believes it has and that the Portola Park Heights residents were not in a position to agree that the District has these rights. He said that the District would retain the rights it has with no intention of using them, the District is not planning to take action to perfect rights that the District may have, that the Portola Park Heights residents could pursue leqal rights they think they may have, and that the District will not interfere with use of the road per the policy as long as use continues in its present status. Therefore, the ad hoc committee was recommending adoption of the policy by the Board. E. Shelley stated that he understood this to be a unilateral statement; the residents are not being asked to sign an agreement, and this policy should meet the resident' s safety requirements and continue to protect the District' s rights . William Obermayer, 22400 Skyline Blvd. , La Honda, showed the Board an old map of the area, saying that "Long Ridge Road" in the policy was Portola Park Heights Road. He noted that if Items 7 and 8 in the policy were deleted everyone could live with the policy, but if they were not deleted, residents could lose the rights they have over the road. He also alerted the Board to the fact that another sign needs to be placed on the other side of Peter' s Creek to alert hikers who had missed the first sign. Meeting 86-28 Page three Charles Touchatt, P.O. Box 254 , Redwood City, said that the language in Items 7 and 8 of the proposed policy was threatening since the road is vital to the community and that the wording implied there was an intent on the part of the District to change something. He said that, if needed, the residents would go to court to seek a prescriptive easement over the road and, if suc- cessful, they would no longer use the road on an emergency basis only. Candace Stone, Rt. 2, Box 336 , La Honda, expressed her concerns that the policy addressed only the Long Ridge Road and said that it might be easier to accept if written to address road use on all District preserves . She said that since the roads were incorrectly named, the proposed policy should not be accepted at this time and questioned why a road policy was necessary since use of the road had not been abused. Sandra Touchatt stated that historically the main road into the area had been the School Road until Long Ridge Road cut in from Skyline Boulevard. She asked why use of the road was being taken away from the residents, noting they had restricted their use of the School Road and said that the residents had not gotten due compensation for what was being taken away from them. Janet Schwind, 11825 Skyline Blvd. , Los Gatos, stated that the written document adopted by the Board was what was critical as opposed to any verbal statements of what the intent of the document was. Bill Sorich, Star Route 2 , 22300 Skyline Blvd. , La Honda, said that the District was acting in bad faith and that he would con- tinue to use the road anytime he wanted. Harry Haeussler, 1094 Highland Court, Los Gatos, suggested the use of an arbitrator to settle the road issue, noting he hated to see taypayers' money used on court fees. T. Henshaw noted that the ad hoc committee had met with the residents in the area and could not come to mutual agreement on this item. She noted that Item 7 resulted based on Legal Counsel ' s advice and stated that she wished Item 7 could be deleted. She added the question was not going to be resolved arguing back and forth. R. Bishop said that in adopting this policy the District retains the legal rights it has at the present time and that it is not gaining any new rights. He added that the property owners would retain the rights they have at the present time, and that the District' s Legal Counsel had advised inclusion of Item 7 because a public agency cannot give up any rights it has . He noted that the policy grants use of the School Road as an emergency road to the residents of the area. Meeting 86-28 Page four In response to H. Turner' s question for a brief summary of the District' s rights on the road and how acquired, S. Norton stated that since the District owns the land, it owns the underlying fee to the road unless someone else can establish a right to the road. He added that the District can allow or disallow use of the road. E. Shelley stated that the intent of the policy was to continue use of the School Road for emergency use and that there had been little abuse of the use of the road. He suggested Items 7 and 8 be changed to read: "This policy neither grants nor removes any rights that either District or the landowners may have. " C. Britton suggested that the following language be substituted for Items 7 and 8: "Nothing herein stated shall be interpreted to give or grant to any persons or property any rights in the lands of the District as a result of the adoption of this policy. " A recess was called at 8 : 45 P.M. to allow the ad hoc committee of Directors Henshaw and Wendin to meet with staff. E. Shelley reconvened the meeting at 9 :00 P.M. D. Wendin stated that the ad hoc committee had failed to communicate its intent to staff and said that in Item 7 the intent of the ad hoc committee was that no rights were being given up by the District, while in Item 8 , no rights were being granted to District. He noted that Items 7 and 8 went further than necessary and that the com- mittee was recommending that the policy be tenatively adopted with Item 7 amended to state that "Nothing herein is intended to reduce the rights of the District. . . . " and with Item 8 remaining as stated. He requested that staff fine-tune this language for the final adoption at the next regular meeting. S. Touchatt asked that the policy not be adopted until the residents had seen the precise language. E. Shelley explained that this was the first reading of the Revised Use and Management Plan, and that final adoption would not occur until the second reading. Motion: D. Wendin moved that the Board tentatively adopt the Policy Regarding Private Use of Emergency Access Road over Long Ridge Open Space Preserve as modified by deleting the existing Items 7 and 8 and substituting a new Item 7 reading: "Nothing herein shall be interpreted to reduce the rights of the District in the Emergency Access Road, or to grant property rights in the Emergency Access Road to residents or any other persons or property. H. Turner seconded the motion. The motion passed 6 to 0 . D. Hansen reviewed the remainder of the report, indicating that the main management problems are night use in the Hickory Oak Ridge area, illegal use of School Road by those coming off of Skyline Boulevard, and trespassing from the Preserve onto property near Devil' s Canyon. Meeting 86-28 Page five D. Woods reviewed the chart attached to the report detailing the new and revised recommendations for the Preserve and showed slides pertinent to these recommendations . D. Hansen reported that staff had received a verbal request to install an electric gate at the main Portola Park Heights gate which would involve the District granting rights to allow an electric line across District property from a power pole 200 yards north of the gate. He said that staff would consider the request once a formal written request had been received, but added that he would not encourage the use because of problems monitoring electric gates. K. Duffy asked about public use of the trail passing through the Bar Y property and said that the District should consider improving the trail from the dam to the ridge. D. Hansen said that the public is allowed on the trail over to the dam, and D. Woods said that it would be necessary to work with Jikoji on trail improvements . D. Woods, in response to Harry Haeussler' s question regarding park- ing, said that the Grizzley Flat area would accommodate 7 or 8 vehicles on the County side of the road and 5 or 6 vehicles on the District' s side. H. Haeussler recommended that the District seek permission from Santa Clara County to use the side of Charcoal Road for additional parking. Sandra Touchatt expressed her concern that Portola Park Heights residents were not given an opportunity to provide in put for the Use and Management Plan revisions . She explained the reasons for installing the electric gate, noted that she felt it had been very negative working with staff and suggested installing new boundary plaques and reflective boundary signs. Charles Touchatt said that he recommended closing of the trail leading to Devil' s Canyon trail because of accidents that occur there. He also discussed the request to install the electric gate, noting he was the individual who made the request. H. Grench said that he had spoken with Mr. Touchatt who had agreed to submit details of the gate proposal in writing, but that the proposal had not yet been received. E. Shelley asked if staff was in a position to address the question of alignment of the power line over the CalTrans right-of-way as opposed to over District lands . H. Grench said that considering only the environmental impact, the CalTrans right-of-way would be over flatter land and probably less damaging. Bill Sorich stated that he felt the undergrounding of electricity to the former Bean property had caused erosion problems in the area and that Devil' s Canyon not be shown on any of the District's brochures. Meeting 86-28 Page six William Obermayer discussed the following concerns: crossing Skyline Boulevard from the Grizzley Flat parking area; need for signing at Peter's Creek; need for fencing at Devil ' s Canyon; the misnaming of Diablo Road; and research relative to suggested electric gate. Candace Stone stated that she felt that she, as President of the Portola Park Heights Property Owners Association, should have received the Board report as well as an agenda and that better communication was needed between the District and the Portola Park Heights residents . Pat Chambers , Box 332 , Star Route 2 , La Honda, expressed his numerous concerns relative to the new and revised Use and Manage- ment recommendations , including: trail connection between Long Ridge and Skyline Ridge Open Space Preserves; the Grizzley Flat parking area; the metal reflective boundary plaques; and the brochure. Jerry Panighetti, 838 Aurora Avenue, San Jose, said that the dog problem in the area was severe and that packs of dogs are attacking deer. Steve Wolf, Box 322A, Star Route 2, La Honda, said that he did not feel dogs were a problem, although some people were abandoning dogs on the Preserve. He cited the need to remove a cable near Bar Y Ranch, to sign better the grassy area of the Preserve, to remove trash in the grassy areas, to consider restraints for mountain bikes on trails, and the problem equestrians have crossing Skyline Boulevard to Long Ridge. He said that he felt the Preserve had gone downhill in the last year. K. Duffy noted that in relation to the request for an electric gate that a specific detailed plan from the requestors was needed to review and evaluate. E. Shelley said more specific information was necessary regarding the electric gate and that he hoped the proposal would be submitted before the next meeting. Motion: T. Henshaw moved that the Board tentatively adopt the Revised Use Use and Management Plan for the Long Ridge Open Space Preserve as contained in the report. K. Duffy seconded the motion. Discussion: D. Wendin said that there were many issues brought up this evening that needed to be addressed and that he felt Long Ridge Preserve Use and Management reviews should be preceded by neighborhood meetings before a Plan is presented to the Board for review. Motion to Amend: T. Henshaw moved that the motion be amended to inclU—de that a neighborhood meeting be scheduled on the next proposed Use and Management Plan review for the Long Ridge Open Space Preserve. K. Duffy seconded the motion. meetinq 86-28 Page seven Discussion: H. Grench stated that at the annual site emphasis review those preserves needing neighborhood meetings before formulation of the Use and Management Plan are identified and adopted by the Board. He said it would not be consistent with that policy to single out the Long Ridge Open Space Preserve as always needing a neighborhood meeting. Sandra Touchatt indicated that a neighborhood meeting would not be required at all times . She said that a committee of neighbors, a few Board members , and staff could meet and report back to the respective bodies . The motion to amend passed 5 to 1 with E. Shelley voting against the motion since he said the current site emphasis policy as it stands works. H. Grench recommended that the second reading of this Plan be scheduled for the second meeting in January because of the numerous items requiring staff response. E. Shelley requested that copies of the second reading report be mailed to the residents, prior to the regular packet mailing if possible. H. Granch stated that if the report was ready prior to the packet mailing deadline, copies would be mailed to residents and the Board early. The motion as amended passed 6 to 0. C. Proposed Panighetti Property Addition to the Long Ridge Open Space Preserve (Report R-86-115 of November 18 , 1986) C. Britton, using the wall map, showed how the acquisition of the property would link the Long Ridge Open Space Preserve with Portola State Park via a parcel of land owned by the Peninsula Open Space Trust and Save-the-Redwoods League. He reviewed the terms of the agreement for purchase of the two parcels totalling 177 . 2 acres for a purchase price of $700 ,000 . He stated the agreement provides for two unusual features: 1) a lease-back of the building area until August 31, 1987 to the Panighettis to provide them time for removal of their personal property; and 2) the completion of a forestry contract whereby the owner would be allowed to remove the already cut wood prior to the end of the lease-back period. D. Hansen showed slides of the property and explained the potential for several loop trails through redwoods and other features of the property. He said that signing will explain the lease area and the permit system for hiking on Ward Road. In response to E. Shelley asking for clarification of the permit system, D. Hansen stated that during the nine month lease period, the entire property would only be open under permit. He added that site users would be crossing the property via Ward Road. Meeting 86-28 Page eight Janet Schwind, 11825 Skyline Blvd. , Loa Gatos, questioned the meaning of "numerous one-way hikes are possible beginning along the Skyline corridor" in the second paragraph of Item D on page three, and D. Hansen explained there were various ways to traverse the Skyline and Long Ridge Open Space Preserves to get to the Panighetti property. C. Touchatt and W. Obermayer expressed their support for the acquisition, and W. Obermayer stated that the prop- erty should not be opened to the public until it was well protected, and that the house should become a Ranger residence. Motion: R. Bishop moved that the Board adopt Resolution 86-66 , 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 or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Panighetti) . H. Turner seconded the motion. The motion passed 6 to 0. Motion: R. Bishop 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 Long Ridge Open Space Preserve, and indicate its intention to dedicate the property as open space. T. Henshaw seconded the motion. The motion passed 6 to 0. D. Final Adoption of the Interim Use and Management Plan for the Luckenbach Property Addition to the Sierra Azul Open Space Preserve Limekiln Canyon Area (Report R-86-109 of November 10 , 1986) D. Hansen stated that no public comment had been received on the proposed Interim Use and Management Plan since the Board considered the acquisition. Motion: D. Wendin moved that the Board adopt the Interim Use and Management Plan contained in report R-86-75 , including naming the property as an addition to the Sierra Azul Open Space Preserve - Limekiln Canyon Area, and indicate its intention to dedicate the property as public open space, reserving the right to allow for the possibility of the transfer of density rights on all or a portion of the property. T. Henshaw seconded the motion. Discussion: Rita Montgomery, 4734 Lambert Drive, Santa Rosa, stated that her family owns the 160 acres directly below the Luckenbach property on the map. She expressed their concerns as to what would occur on District property and the impact on their property and questioned the status of their access to the P.G.& E. road. D. Hansen stated that the property would be kept in its natural state, that it would be used for hiking, and that District Rangers would be patrolling the site. C. Britton Meeting 86-28 Page nine said that there were no recorded easements across the Luckenbach property. The motion passed 6 to 0. E. Final Adoption of the Interim Use and Management Plan for the Blair Property Addition to the Sierra Azul Open Space Preserve - Kennedy Road Area (Report R-86-110 of November 10 , 1986) D. Hansen stated that no public comment had been received on the Interim Use and Management Plan since the Board considered the acquisition. Motion: R. Bishop moved that the Board adopt the Interim Use and Management Plan contained in report R-86-38 , including naming the property as an addition to the Sierra Azul Open Space Preserve - Kennedy Road Area, and indicate its inten- tion to dedicate the property interests as open space. T. Henshaw seconded the motion. The motion passed 6 to 0 . F. Proposed La Croix Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-86-113 of November 17 , 1986) C. Britton used the wall map to show that the property includes por- tions of the ridgetop trail system in the area. He said that the terms of the agreement call for a purchase price of $675 ,560 at close of escrow for the two parcels of land totalling 337 .38 acres . The Interim Use and Management Plan recommendations were outlined by D. Hansen, and D. Woods showed slides of the property. Motion: R. Bishop moved that the Board adopt Resolution 86-67, 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 Trans- action (Sierra Azul Open Space Preserve - Lands of La Croix) . E. Shelley seconded the motion. The motion passed 6 to 0 . Motion: R. Bishop 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 Mt. Umunhum Area of the Sierra Azul Open Space Pre- serve, and indicate its intention to dedicate the property as public open space, reserving the right to transfer density rights. H. Turner seconded the motion. The motion passed 6 to 0. G. Status Report on Monte Bello Road and Request to Extend Agreement with County of Santa Clara for Right of Entry at Picchetti Ranch Area (Report R-86-116 of November 18 , 1986) D. Hansen reviewed the staff report, indicated that the County has completed the temporary repair of the original road alignment, and noted that the County has agreed to enter in a long-term study on the road slippage and alignment problem. He said that in order to Mebtina 86-28 Page ten allow the temporary emergency route to remain in place during the winter in case the repair failed, the agreement between the County and the District needed to be extended and amended. He stated that the County had requested the following changes in the Amendment to "Permit to Enter" : 1) at the end of the fourth line, for a period of one year" should be changed to read . . . for a period of approximately one year" ; 2) the map referred to as Exhibit A in paragraph two should be labelled Exhibit A, rather than Exhibit B; 3) the last sentence, traffic lights and utility poles" should be changed to read traffic light fixtures and utility poles"; and 4) "Very Truly Yours" should be deleted. E. Shelley questioned whether the County Supervisors were aware of the seriousness of District concerns regarding the possibility of the new alignment cutting through the middle of the Preserve. D. Hansen said that Supervisor McKenna was aware of the problem. Discussion followed as to the best method of informing the Board of Supervisors of the Board's concerns on the realignment of Monte Bello Road. Motion: E. Shelley moved that the Board direct the President to forward a letter to the Board of Supervisors detailing the District' s concerns . T. Henshaw seconded the motion. The motion passed 6 to 0 . Motion: E. Shelley moved that the Board authorize the President to execute the Amendment to the Permit to Enter Agreement between the District and Santa Clara County with the changes suggested by the County. H. Turner seconded the motion. The motion passed 6 to 0 . H. Resolution Supporting the Protection of a Permanent Bay Area 'Greenbelt (Report R-86-112 of November 17 , 1986) H. Grench stated that this item was a follow-up to the presentation by Jay Powell from People for Open Space at the November 3 meeting, and that the organization was seeking expressions of support for a Bay Area Greenbelt. Motion: K. Duffy moved that the Board adopt Resolution 86-68 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the Protection of a Permanent Bay Area Greenbelt. T. Henshaw seconded the motion. Discussion: H. Haeussler, referring to paragraph four of the resolution, said the District was initially created as a park district. The motion passed 6 to 0 . Meeting 86-28 Page eleven VII . INFORMATIONAL REPORTS D. Hansen reported that trail etiquette brochures are presently avail- able at the various preserve trailheads. VIII. CLAIMS Motion: R. Bishop moved that the Board approve the Revised Claims 86-22 , dated November 24 , 1986 . T. Henshaw seconded the motion. The motion passed 6 to 0 . IX. CLOSED SESSION S. Norton announced that litigation pertaining to the McQueen case would be discussed in Closed Session. The Board recessed to Closed Session at 11: 15 P.M. X. ADJOURNMENT The Board reconvened to adjourn at 12 :20 A.M. , Tuesday, November 25 , 1986 . Cecilia A. Cyrier Secretary