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HomeMy Public PortalAbout19870211 - Minutes - Board of Directors (BOD) Meeting 87-03 -A� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR MEETING BOARD OF DIRECTORS FEBRUARY 11, 1987 MINUTES I. ROLL CALL: President Richard Bishop called the meeting to order at 7 : 30 P.M. Members Present: Daniel Wendin, Teena Henshaw, Edward Shelley, Nonette Hanko, Gerry Andeen, and Richard Bishop. Katherine Duffy arrived at 7 : 35 P.M. Personnel Present: Herbert Grench, David Hansen, Jean Fiddes , Mary Hale, Stanley Norton, Del Woods, Mary Gundert, Alice Cummings, Carleen Bruins, John Escobar, Dennis Danielson, Michael Foster, and Cecilia Cyrier. II . APPROVAL OF MINUTES January 28 , 1987 Motion: R. Bishop moved that the Board approve the minutes of January 28 , 1987 . T. Henshaw seconded the motion. Discussion: D. Wendin requested confirmation of the date set for a tour of District lands for Santa Clara County officials. H. Hale said that May 2 was the chosen date; D. Wendin stated that he would not be able to attend. The motion to approve the minutes passed 5 to 0 with E. Shelley abstaining because he was absent from the meeting. III. WRITTEN COMMUNICATIONS C. Cyrier stated that the Board had received the following written communications: 1) a letter, dated January 27 , 1987 , from James Dozier, 180 Second Street, Los Altos, written on behalf of LAROAR (Los Altos Residents Opposed to Access Road) requesting District support, or indication of no position, of LAROAR' S proposal to close St. Joseph Avenue under Highway 280 to all but emergency, County and District staff vehicles. 2) a letter, dated January 27 , 1987 , from Dick Mallory, 2787 Moorpark Avenue, San Jose, stating that allowing bicycles on the Jones Trail will endanger runners and hikers. D. Wendin recommended that the last paragraph in the draft response to Mr. Dozier be modified to read: as I believe your proposal directly affects their land and future plans . " The Directors concurred with R. Bishop that the draft response expressed their views and should be sent. R. Bishop stated the consensus that staff should respond to Mr. Mallory' s letter. IV. ORAL COMMUNICATIONS There were no oral communications. Meeting 87-03 Page two V. ADOPTION OF AGENDA R. Bishop stated that the agenda was adopted by Board consensus. VI. BOARD BUSINESS A. Final Adoption of the Revised Use and Management Plan for Russian Ridge Open Space Preserve, Except for Grazing Considerations (Report R-87-30 of February 2 , 1987) D. Hansen reveiwed the issues of access, circulation, and signing that had been raised at the January 28 meeting and indicated the changes to the new and revised Use and Management Plan recommendations. K. Duffy stated that she considered the ridge an appropriate place for dogs and that she would like to see the issue included in the Use and Management Plan. D. Hansen stated that staff planned to return to the Board during the summer with a report on dog use on District preserves. R. Bishop stated that he would like to see K. Duffy' s request con- sidered by the Dog Committee within the overall dog program. E. Shelley said that he did not believe it wise to consider dogs on the ridge area until the grazing issue was resolved. N. Hanko said that as a member of the Dog Committee she would see that the issue was discussed when reviewing the overall dog program. Motion: K. Duffy moved that the Use and Management Plan be amended to include a sentence stating that the preserve may be con- sidered for dog use. T. Henshaw seconded the motion. Discussion: D. Wendin said that he thought it inappropriate to raise the dog issue at this time, and E. Shelley said that the recommendation should be referred to the Dog Com- mittee. R. Bishop said that the issue should not be pre- judged. N. Hanko asked that the Russian Ridge neighbors be informed if the Dog Committee considers the Russian Ridge Preserve for dog use so that they could provide input. The motion failed to pass on the following vote: Ayes: T. Henshaw, K. Duffy, and G. Andeen. Noes: E. Shelley, R. Bishop, D. Wendin, and N. Hanko. Motion: N. Hanko moved that the Board adopt the Revised Use and Management Plan for Russian Ridge Open Space Preserve, except for the grazing considerations as given in report R-87-30. E. Shelley seconded the motion. The motion passed 7 to 0. B. Final Adoption of the Revised Use and Management Plan for Long Ridge Open Space Preserve (Report R-87-28 of February 3, 1987) D. Hansen reviewed the staff report and discussed the issues that had been raised by the Board and neighbors at the first meeting. He said that he had met with Candace Stone on February 11 regarding the Meeting 87-03 Page three proposed electric gate at the intersection of Skyline Boulevard and Portola Heights Road, and that it appears to be a workable project. He said that power would probably be brought in via an underground cable from a pole directly across Skyline Boulevard and that C. Stone would show him the final plans when available. In response to E. Shelley' s inquiry as to how long the permit system would be in effect for the former Panighetti property, D. Hansen said that the lease-back of the building area would expire August 1987 . K. Duffy stated that the map distributed to members of the public needed to identify clearly the exact location of parking at Grizzley Flat parking area and that a trail is not directly across from Char- coal Road. D. Hansen responded that the map given to the public properly identifies the parking area and that a trail crossing will be built this spring and then reflected on the map. D. Wendin requested that staff notify Santa Cruz County that the District is interested in the hearings related to road name changes within the Portola Park Heights subdivision. Motion: D. Wendin moved that the Board adopt the Revised Use and Management Plan for the Long Ridge Open Space Preserve as given in report R-87-28 . N. Hanko seconded the motion. The motion passed 7 to 0 . Motion: D. Wendin moved that the Board adopt the Policy Regarding Private Use of Emergency Access Road Over the Long Ridge Open Space Preserve as given in report R-87-28 . T. Henshaw seconded the motion. The motion passed 7 to 0. C. Final Adoption of the Interim Use and Management Plan for the Scho- field, Howatt and Miller Property Additions to the Sierra Azul Open Preserve, Mt. Umunhum Area (Report R-87-29 of February 3 , 1987) D. Hansen stated that no public comment had been received on the pro- posed Interim Use and Management Plan since the Board considered the acquisition. E. Shelley asked for a ruling by District Counsel on the rights of Board members and their specific guests to access over private roads to lands such as the ones in this acquisition. R. Bishop stated, after Board discussion, that Legal Counsel should provide a written response in the form of an agenda item. Motion: N. Hanko moved that the Board adopt the Interim Use and Management Plan as outlined in report R-86-131 , including naming the properties as additions to the Sierra Azul Open Space Preserve, Mt. Umunhum Area, and indicate its intention to withhold the properties from dedication as public open space at this time. T. Henshaw seconded the motion. The motion passed 7 to 0. Meeting 87-03 Page four D. Open Space Acquisition Policies as Lands Relate to Sphere of Influence and Annexation Policies (Report R-87-30 of February 4 , 1987) D. Wendin said that the Committee was recommending additional wording at the end of the last sentence in the Sphere of Influence section of the Committee report reading with notification of affected landowners to be considered on a case-by-case basis. " He called the Board' s attention to a memorandum dated February 3 , 1987 from H. Grench to the Committee regarding Public Notification Procedures for Changes in Sphere of Influence, which gave some notification options. He said that the issue remaining for Board approval was how to handle acquisitions wholly outside the Sphere of Influence, for which there had been no previous Board consensus , and that five options were presented for consideration. He noted an additional option could be no restrictions whatsoever. T. Henshaw said that the fifth option presented a loophole for her, and asked for an example for the fourth option. N. Hanko said that an example could be a trail connection between a State Park and District lands. D. Wendin explained the Committee' s reasoning on the wording of each of the five options. R. Bishop asked if staff had any comments relating to option 5 , and H. Grench responded that an example could be a piece of land of sig- nificant importance to the District that no other agency was going to acquire. T. Henshaw asked if the Committee had considered including a state- ment in the policy that an attempt would be made to acquire an ease- ment over the land first before initiating the purchase of the land. N. Hanko responded that the word "interests" was meant to include easements. R. Bishop said using the word "interests" would not limit options since it is difficult to forsee opportunities that may arise. In response to E. Shelley's question as to how the options would apply to land purchased for purposes of an exchange, D. Wendin said that such an arrangement would fall under option 4 . G. Andeen said that he believed that annexation of the land should come prior to acquisition, that he favored options one through five, that the proposed annexation policy was too restrictive, and that he opposed the 50% ownership criteria. Motion: D. Wendin moved that the Board adopt both policies as presented with the addition of the language, under the Sphere of Influence, previously presented and with the deletion of option 5 . E. Shelley seconded the motion. Discussion: Kathy Kennedy-Miller, 16222 Skyline Boulevard, Woodside, stated that the Kings Mountain Association would oppose any expansion of the District or annexations into areas where the District was not invited by the voters of the community. Meeting 87-03 Page five G. Andeen said that he favored the way the large San Mateo County area had been annexed to the District, that the District should not buy land and then annex it, and that the Board should go to the communities where it wants to acquire land and ask the landowners if they would favor becoming part of the District. He requested that the motion be with- drawn and that each item be voted upon separately. Amended Motion: D. Wendin amended his motion on the table to adopt only the Sphere of Influence policy, including the additional language presented, and with the deletion of option 5 . E. Shelley agreed to the amendment. Motion to Amend: N. Hanko moved that the Board amend the Sphere of Influence section by removing options 2 , 3 , and 5 and adopt options 1 and 4 . T. Henshaw seconded the motion. Discussion: T. Henshaw*said that she opposed all five options and therefore could not support N. Hanko 's motion. She said that she was concerned in hearing that the District would consider acquiring land because it was not going to be acquired by another agency and that the District would acquire land in areas where residents could not vote for a Director. R. Bishop said he supported retaining options one through four and opposed N. Hanko 's amendment. K. Duffy said that she agreed with R. Bishop. D. Wendin said he did not favor deleting options 2 and 3 , although he did not support the third option as strongly as the others . N. Hanko stated that the second option does not say the acquisition has to be of benefit to the District. E. Shelley called the question. The motion to amend failed to pass by the following vote: Ayes: N. Hanko and T. Henshaw. Noes: E. Shelley, K. Duffy, R. Bishop, G. Andeen, and D. Wendin. The amended motion to adopt the Sphere of Influence policy, including the additional language presented and option 5 deleted, passed 6 to 1 with T. Henshaw voting against the motion. G. Andeen asked that the Board reconsider the stated annexation policy so as to differentiate between small and large annexations. He said that the Board should not restrict the District from being active in pursuing annexations, and that annexations should precede acquisi- tions, acquisitions that are then annexed.*- Meeting 87-03 Page six Board discussion centered on the idea that the moving force behind a large area annexation needing to be initiated by the citizens and not the District, whether the District should take the initiative on large annexations, the need to revise current acquisition policies if the annexation method was changed, and actual restraints the pro- posed annexation policy put on the District. Motion: D. Wendin moved that the Board adopt the annexation policy as stated in the report. E. Shelley seconded the motion. Discussion: Eric Thompson, Star Route 2 , Box 415 , La Honda, said that he was happy that San Mateo County was part of the District and that he thought the Board should go to the public in areas of recent purchases that are not annexed and ask if they would like to become part of the District, and that he opposed piecemeal annexations. Kathy Kennedy-Miller said that she did not oppose annexation in general but feared creeping annexations and a creeping Sphere of Influence. D. Wendin said that the policy on annexation would really protect the landowners from this creeping annexation and that there seemed to be misunderstanding between District acquisition of land and annexation of land into the District. The motion passed 7 to 0. E. Mid-Year Program Evaluation for 1986-1987 and Tentative Setting of Priorities for 1987-1988 Action Plan (Report R-87-17 of January 21, 1987 and Report R-87-26 of January 29 , 1987) H. Grench said that a new general program emphasis statement for each program was included for the first time in the program evalua- tion report. He reviewed each statement for each Program. R. Bishop said that he was pleased to see that Open Space Management's emphasis was the completion of existing projects so as to make the lands more accessible to the public. G. Andeen suggested that the word "allowing" in the Basic Policy Objective for the Open Space Management Program be changed to "encouraging" so that the objective stated encouraging public access appropriate to the nature of the land and consistent with ecological values. " Discussion centered on the word change, the impact on the District' s Basic Policy, and the manner in which the Open Space Management Program implemented this Basic Policy statement. H. Grench reviewed progress in the Open Space Acquisition Program, noting funds had already been expended for this fiscal year and the first half of the next fiscal year and that a new note issue is currently being anticipated. He said there were no major changes in proposed 1987-1988 key projects and activities. Meeting 87-03 Page seven D. Hansen said the emphasis statement for the Open Space Management Program was the resolution and consolidation of existing projects. Board discussion centered on the meaning of this statement and the impact it would have on some current projects. H. Grench suggested that the wording of the emphasis statement be changed to "The intent of the entire program is to refrain from initiating further major capital improvement projects until the implementation of projects currently under consideration is well in hand. " D. Hansen said that some scheduled Use and Management Plan reviews for 1986-1987 had been delayed due to staff work on acquisition planning and report matters , that the key project and activity to update the District Master Plan was dropped as a proposed 1987-1988 key project since major work would be completed prior to the end of the fiscal year, and that a new key project providing for Board field trip meetings to review planning for specific preserves had been added. He said that although a portion of the Operations , Maintenance, and Volunteer Subprogram' s objective pertaining to public education for the sites had been deleted, this deletion did not mean that such issues as trail conflicts and public education through the Docent Program would be dropped, but rather would be incorporated within the Subprogram' s other typical projects and activities . M. Hale said that projects and activities completed in the Communi- cations Program to date included dedication of the Los Gatos Creek Park in October and completion of the All-Site brochure and the Annual Report. She said that the first draft of the Acquisition Policy brochure should be available for Board review in March, and that the proposed emphasis and key projects and activities for 1987-1988 focused on completing projects currently underway in the Communications Program. She said that the trail courtesy information could be incorporated in the Visitor' s Guide, if it wasn't a separate item. Mark Winitz , 1638 Corte Via, Los Altos , said that a separate guide was needed to discuss trail etiquette purposes so that it could be placed at the various trailheads. H. Grench said staff would review the recommendations made at the meeting before returning with the proposed 1987-1988 Action Plan. N. Hanko said she would be away in May and requested that presenta- tion of the report on the Good Neighbor Program be scheduled for a later date. Kathy Kennedy-Miller requested that the publication of the Brown Act be listed as a Key Project and Activity of the Open Space Acquisition Program. T. Henshaw questioned whether it was a good idea to initiate an "Outstanding Public Service Award" as a 1987-1988 key project. H. Grench said that if the Board felt it was not worth spending Meeting 87-03 Page eight time on, it should be dropped as soon as possible. R. Bishop stated Board consensus that a proposal should be developed and presented for Board evaluation. J. Fiddes reviewed progress on 1986-1987 key projects in General Management and Program Support and said part of the focus for 1987-1988 was better communications between office and field staff members and to get office staff out into the field more often. Motion: E. Shelley moved that the Board accept the Action Plan program evaluation for the first part of fiscal year 1986- 1987 and that the Board tentatively adopt the proposed emphases, objective statements, and key projects and activities for 1987-1988 Action Plan as amended during the meeting. T. Henshaw seconded the motion. The motion passed 7 to 0. F. Revised Open Space Use and Management Planning Process (Report R-87-34 of February 5, 1987) D. Hansen said that the last review of the Use and Management Planning Process was in 1983. He said that new aspects presented for Board consideration included the addition of the Conservation Management Units (CMUs) concept and the extension of the maximum time between reviews of sites. D. Woods explained in detail what would be included in each of the first three plans; namely, the 1) Preliminary Use and Management Plan, 2) Interim Use and Management Plan, and 3) Comprehensive Use and Management Plan and used Purisima Creek Redwoods Open Space Pre- serve as an example of the Planning Process . He said that staff is recommending that the Use and Management Plan reviews would be done over a maximum three year cycle, instead of two years, so that, instead of trying to have up to 15 reviews in a year, there would be 9 or 10 reviews in a year. T. Henshaw asked that consideration be given to provide for site visits by a committee of the Board and staff prior to the time of the Use and Management Plan reviews. D. Wendin expressed his concern that neighborhood meetings might potentially not occur as often as needed if Use and Management Plan reviews are extended over a longer period of time. E. Shelley said that neighborhood meetings were not solely tied to Use and Management Plans and that other matters to be resolved could call for a neigh- borhood meeting. D. Woods said that public workshops were addressed in the third paragraph of Item J, Public Review. N. Hanko said that she would like neighborhood meetings addressed as a separate section. T. Henshaw suggested that neighborhood meetings be included under the Good Neighbor Policy. R. Bishop said that neighborhood meetings were of value for input on planning and changes and not just to resolve problems. Staff indicated that they would amend Section J to address neighborhood meetings specifically. Meeting 87-03 Page nine Kathy Kennedy-Miller stated that she felt the notification policy in Item J, Public Reviews, should be the same as the District ' s regular notification policies. H. Grench responded that the state- ment on page seven reflects the Board' s current policy. D. Woods discussed the concept and criteria for Conservation Manage- ment Units, noting they primarily would be managed for conservation and viewshed. D. Wendin said that the wording sounded as if CMUs were areas that would be ignored and not managed and that it was his understanding that CMUs would be areas that had management problems and that, by placing the area within a CMU, public access would be curtailed. D. Woods said that site maps would identify the CMU areas and explain that they are inaccessible to the public, as well as identifying the accessible areas. R. Bishop stated the Board' s consensus that the words "as time per- mits and" in the third sentence of Item F ' s second paragraph should be deleted. Staff was also directed to reword number 3 , Remoteness causes management constraints in Item F and to revise the wording that incorporated the word "detract" in item H. Eric Thompson said he did not see anything on page 3, item D-5, per- taining to removal of litter and sanitation facilities . D. Hansen said this document was only an outline for staff reports and did not address all aspects of an actual report. He noted that site clean-up could be included in item 5-e. Motion: T. Henshaw moved that the Board tentatively adopt the revised Open Space Use and Management Planning Process as contained in the report and as amended at the meeting. N. Hanko seconded the motion. The motion passed 7 to 0 . Due to the lateness of the hour, N. Hanko asked President Bishop if Item 10, Possible Scheduling of a Special Meeting, could be considered next since she had to be at the 2020 Task Force meeting on Thursday and she wished to leave the meeting at this time. H. Grench said that he felt there was no need for a Special Meeting. T. Henshaw asked President Bishop if there were any remaining agenda items that could be tabled until the next meeting. Motion: R. Bishop moved that agenda items 8 and 9 on the Process for Evaluating Proposed Redevelopment Projects and The Effect of AB 2674 on MROSD be continued to the next meeting. E. Shelley seconded the motion. The motion passed 7 to 0. N. Hanko was not present for the remainder of the meeting. Meeting 87-03 Page ten G. Land and Water Conservation Fund Applications for Additions to Coal Creek and Sierra Azul Open Space Preserves (Report R-87-35 of February 6, 1987) C. Bruins reviewed the portion of the staff report for the addition of the former Thomas property, now owned by Peninsula Open Space Trust to Coal Creek Open Space Preserve, noting this addition would enable the District to work with San Mateo County on reopening the closed portion of Alpine Road as a recreational route. E. Shelley asked if the District had the authority to reopen Alpine Road, a San Mateo County road, and make it a paved bicycle trail. H. Grench said he had explored with David Christy the possibility of a cooperative project with the County in which the County would build and maintain the bicycle path, but added that this type of project would not happen quickly. He said, the District could provide a hiking and equestrian trail. A. Cummings reviewed the portion of the report dealing with the pro- posed addition of the Hogan property to the Sierra Azul Open Space Preserve and showed slides of the property. Motion: R. Bishop moved that the Board adopt Resolution 87-07 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and Water Conservation Funds for the Coal Creek Open Space Preserve Addition Project. T. Henshaw seconded the motion. The motion passed 6 to 0. Motion: R. Bishop moved that the Board adopt Resolution 87-08 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Land and 'Water Conservation Funds for the Sierra Azul Open Space Preserve Addition Project. T. Henshaw seconded the motion. The motion passed 6 to 0 . VII. INFORMATIONAL REPORTS D. Wendin stated that he could not attend the next Land Acquisition Policy Committee Meeting tentatively scheduled for Tuesday, March 10 . He and R. Bishop rescheduled the meeting to Monday, March 9 if N. Hanko could attend. Otherwise, they would find a new date. VIII. CLAIMS Motion: T. Henshaw moved that the Board approve the Revised Claims 87-03 . R. Bishop seconded the motion. The motion passed 6 to 0. IX. CLOSED SESSION S. Norton announced that litigation matters relating to the Dyer property to be discussed in Closed Session fell under Subdivision (a) of Government Code 54956. 9 and that other pending litigation matters to be discussed fell under Subdivision (c) of Government Code Section 54956 . 9 . The Board recessed to Closed Session at 11 : 30 P.M. X. ADJOURNMENT The meeting was adjourned at 12: 34 A.M. , Thursday, February 12 , 1987 . Cecilia A. Cyrier Secretary CORRECTION (S) TO THE MINUTES OF FEBRUARY 11, 1987 II. APPROVAL OF MINUTES February 11, 1987 N. Hanko stated that the motion referenced in the first sentence of the discussion section for the Motion to Amend on page 5 was made by D. Wendin. She further stated that the last sentence on page 5 required clarification. G. Andeen noted that the final phrase "acquisitions that are then annexed" should be deleted for clarity. Motion: D. Wendin moved that the Board approve the minutes of February 11, 1987 as corrected. T. Henshaw seconded the motion. The motion passed 5 to 0 .