HomeMy Public PortalAbout19861124 - Minutes - Board of Directors (BOD) Meeting 86-28
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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