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HomeMy Public PortalAbout19870311 - Minutes - Board of Directors (BOD) Meeting 87-05 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 March 11 , 1987 MINUTES I. ROLL CALL President Richard Bishop called the meeting to order at 7 :37 P .M. Members Present : Gerry Andeen, Richard Bishop, Katherine Duffy, Teena Henshaw, Edward Shelley, and Daniel Wendin. Member Absent : Nonette Hanko. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Del Woods , James Boland, David Camp, David Topley, Tom Lausten, Stanley Norton, Michael Foster, and Doris Smith. II . APPROVAL OF MINUTES February 25 , 1987 E. Shelley questioned the meaning of the sentence "The motion failed to pass" on page 4 under the first Motion to Amend, and the Board determined that the sentence was redundant and should be deleted. Motion : T. Henshaw moved that the Board approve the minutes of February 25 , 1987 as corrected. K. Duffy seconded the motion. The motion passed 4 to 0 with R. Bishop and E. Shelley abstaining from the voting because they were absent from the meeting. III . WRITTEN COMMUNICATIONS D. Smith stated that the Board had received the following written communications : 1) a letter, dated February 26 , 1987 , from Audrey Rust , Executive Director of Peninsula Open Space Trust, regarding a proposed cooperative acquisition project with the District and the Town of Los Gatos for the former Scott property; 2) a letter, dated February 21 , 1987 , from Fran Hogan, 4198 Oak Hill Avenue, Palo Alto, containing her suggestions for use of Jones Trail; 3) a letter , dated February 21, 1987 , from Norman A. Stoner, 129 Cardinal Lane, Los Gatos , advising that trees are needed at Los Gatos Creek Park and suggesting methods of accomplishing the planting of trees on the Preserve; 4) a letter, dated February 24 , 1987 , from Laura J. Sefchik, Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 87-05 Page Two 10 Church Street, Mountain View, relating her experiences with cattle while hiking at Russian Ridge Open Space Preserve; 5) a letter, dated February 27 , 1987 , from Tom Nolan , President of the Board of Supervisors for the County of San Mateo , expressing thanks for the special annual report issue of Opens]2ace and the hope that the two Boards can meet during 1987 to discuss areas of mutual concern; 6) a letter, dated February 14 , 1987 , from Robin Winston , Volunteer Coordinator of Hidden Villa, congratulating the District on the recent publication of the annual report issue of Openspace; 7) a letter, dated March 2 , 1987 , from Susan Ferreyra, of the Social Services Department of the City of Oakland, in support of whole access accessibility and an underpass to the Alpine Reservoir area of the Skyline Ridge Open Space Preserve; and 8) a letter from the Bay Area Park and Recreation Commissioners ' and Board Members ' Council soliciting hosts for the general meetings and Board of Directors meetings for the remainder of 1987 . D. Hansen stated that Ms . Sefchik 's incident on Russian Ridge Open Space Preserve occurred about one year ago. H. Grench referred the Board to the revised draft response to Supervisor Nolan 's letter, noting that Friday, April 24 , probably from 10 :00 A.M. to 12 Noon , was the best date and time for the joint meeting with the San Mateo County Board of Supervisors . D. Wendin was the only Board member who indicated he could not attend the joint meeting. H. Grench said that staff would acknowledge the letter from Audrey Rust and work with POST on the proposed project, and, if successful, would return to the Board with an agenda item. R. Bishop stated that the Board had no objections to this recommendation. R. Bishop indicated Board concurrence with staff ' s recommendations on the remainder of the written communications . IV. ORAL COMMUNICATIONS There were no oral communications. V. ADOPTION OF AGENDA R. Bishop stated that the Closed Session originally scheduled fol- lowing the Roll Call had not been necessary and that the rest of the agenda as presented was adopted by Board consensus . VI . BOARD BUSINESS A. Sale of 1987 Promissory Notes (Report R-87-27 of March 2 , 1987) M. Foster reviewed the staff report, highlighting the reasons for the proposed Note Issue. He said that Standard and Poor 's had awarded the issue an A+ rating and that the coupon rate would probably be 0 . 3% to 0 . 4% less than originally expected, placing the average coupon rate at 5 . 5% instead of 5 . 8% . M. Foster introduced Mary Collins , who was representing the firm of Orrick, Herrington & Sutcliffe, and Douglas Charchenko and Nicholas Prassas from Prudential-Bache. Meeting 87-05 Page Three D. Wendin said that he intended to abstain from voting on this item because Seattle-First National Bank was a subsidiary of Bank of America, one of his major business clients . Motion: K. Duffy moved the adoption of Resolution 87-09 , a Resol- ution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Issuance of $21,200 ,000 Principal Amount of Midpeninsula Regional Open District 1987 Promissory Notes and Providing for the Form, Execution and Repayment of Said Notes . E. Shelley seconded the motion. The motion passed 5 to 0 with D. Wendin abstaining from the vote. Motion : K. Duffy moved the adoption of Resolution 87-10 , a Resol- ution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Execution and Delivery of a Purchase Contract Relating to $21,200 ,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes and Approving the Official Statement Relating to Said Notes and Authorizing the Execution and Delivery of an Escrow Agreement Relating to Said Notes . E. Shelley seconded the motion. The motion passed 5 to 0 with D. Wendin abstaining from the vote. Motion: K. Duffy moved the adoption of Resolution 87-11 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Execution of an Agreement with Seattle-First National Bank Relating to $21,200 ,000 Principal Amount of Midpeninsula Regional Open Space District 1987 Promissory Notes . E. Shelley seconded the motion. The motion passed 5 to 0 with D. Wendin abstaining from the vote. B. Comprehensive Use and Management Plan for Los Gatos Creek Park (Report R-87-45 of March 5 , 1987) - D. Hansen introduced the report, noting the site receives increasingly heavy use by runners , hikers , and bicyclists . He said that there were two typographical errors in the report : 1) the elevation shown on page one for St. Joseph's Hill should be 1200 feet instead of 120 feet; and 2) on page three , the conditional use permit for Guadalupe College was issued in the fall of 1986 , not 1987 . He stated that the Town of Los Gatos Department of Parks , Forestry and Maintenance Services and Santa Clara County Parks and Recre- ation Department had each been sent a copy of the draft report and that the Town Council would like the Comprehensive Use and Management Plan referred to them following the Board 's delib- erations. Using a wall map, D. Woods showed the interrelationship of the site 's plan to the recently proposed Lexington Reservoir Master Plan , as well as the impact to the site of the proposed Guadalupe College. He showed slides of the site to illustrate the staff report, particularly the sections dealing with the Jones Trail and 1800 foot segment of the trail that staff was recommending be restricted to a walking zone. He noted that the trail would be reopened on an 8-month trial basis to bicycle use with the limitation noted and remain open to runners under the same condition. Meeting 87-05 Page Four E. Shelley asked if the staff felt that they were being pressured into recommending the eight month trial period. D. Hansen responded that there had been substantial pressure from bicyclists to keep the trail open. He noted that most bicyclists were from the South Bay and that there was no data available regarding policies for bicycles on multi-use trails . In response to a question from T. Henshaw, S. Norton stated that potential District liability on Jones Trail was minimal with proper signing and if the walking-only section of the trailwere clearly signed. K. Duffy stated that this section of trail will continue to be prone to problems , and she recommended that staff return to the Jesuits and try to acquire an easement to the section of trail that was severed. D. Hansen reported on dog usage , and he said that staff was recom- mending that the site be closed to dogs until evaluation can be made by the Dog Use Committee , probably in early summer, 1987 . With re- gard to naming the site , he said that of the names proposed, staff was recommending consideration of Lexington Ridge Open Space Preserve and St. Joseph's Hill Open Space Preserve. Douglas Thomas , 4839 Pinemont Drive , Campbell , representing Respon- sible Organized Mountain Peddlers (ROMP) , said he had collected data and prepared a survey of bicycle users which he wanted to present later to the Board. He stated that the Jones Trail was the type of single track mountain trail preferred by mountain bicyclists. He said that he supported that the trail remain open to bicyclists for uphill-only riding. Beth Oberlee, Box 7084 , Menlo Park, said that she felt bicyclists had the right to use Jones Trail, and closure of the trail could force a lawsuit to gain legal access. Naomi Blume, 19940 Brenda Court, Cupertino, said that she felt District staff ignored the Midpeninsula Trail Council 's task force recommen- dation regarding use of Jones Trail and that closure of the trail to bicyclists will force illegal use of the trail. Joel Hawk, 1069 Belvedere Lane , San Jose , spoke on behalf of the Mid- peninsula Trail Council (MTC) and stated that it was the opinion of MTC 's Trails Use Committee that the staff recommendation concerning restricting the 1800 foot portion of Jones Trail to walking only was too restrictive. He said that the proposal made by MTC 's Trail Use Committee that was included in the staff report represented the major- ity opinion of the public at the workshop held on-site on January 31, 1987 . He requested that the Board consider the Committee ' s recommen- dations that included walking allowed uphill and downhill; running and bicycling allowed uphill only to the junction with the wider upper portion of the trail; and signed walking-only zones in both directions going around the narrow hairpin turns . Robert Bellicitti , 218 Victor Avenue, Campbell, stated that runners can be as problematic as bicyclists; that bicyclists would help to police the site , and that he supported keeping the trail open for uphill use of bicyclists. He noted that the trail was not signed that it was closed to equestrians . D. Hansen stated that the trail is closed to equestrians and that the sign had been vandalized. Carolyn Lekberg, 310 Alpine Road, La Honda , stated it was not only the width of the trail but the mixed use that influenced equestrians not to use Jones Trail. Meeting 87-05 Page Five Jean Rusmore , 36 Berenda Way, Portola Valley, stated that she felt it was basically not a question of manners but of safety that should gov- ern the use of a trail. She spoke in favor of staff 's recommendation for Jones Trail and cited some advantages that would result from the recommendations . Ken Detrick, 16690 Shannon Road , Los Gatos , said ROMP desired to continue to work in cooperation with the District regardless of the outcome of the Jones Trail issue. He stated his support for K. Duffy 's suggestion to acquire an easement from the Jesuits along the old route. The best solution, he said, would be for access from Jones Road to the knoll , and he suggested other options which could be explored. He said that if alternate access could not be obtained, the uphill access and the walking-only zone were good alternatives , but that he felt it would be impractical to limit the entire 1800 feet to walking only. He suggested that walking only should apply to the most hazardous section around the bridge , a distance of approximately 200 feet. Bern Smith, 153 W. Julian Street , San Jose , said that an access on Jones Road is very important to bicyclists . Mark Winitz , 85 Main Street , Los Altos , a member of the MTC Trail Use Committee , stated that the Committee was going to continue its work on developing use standards for trails . T. Henshaw stated that she supported staff ' s recommendation and that to avoid trail user conflicts , the Board needs data and should go on record as willing to work with user groups . G. Andeen stated that he felt the staff recommendation was over- restrictive and that if the area were signed as a dangerous area, there would be no problems . J. Boland stated that he and the District 's Rangers feel that the Jones Trail is the wrong place to conduct an experiment and to focus attention because of the trail 's physical characteristics . He said uses on the trail should be restricted, and he cited the need to pro- tect other trail users , such as families with young children, and stated that the current high level of non-compliance poses a threat to future use. E. Shelley stated that the District does not have an anti-cyclist policy, but one of allowing cyclists wherever reasonable. He said that he could not support the staff 's recommendation because this was the wrong time and the wrong place to conduct an experiment; this is a heavy use area and an alternative trail exists , and the Board was approaching the time when there would be a more uniform trail use policy, and any experiments should be performed based on that policy. He said that considering the liability and safety factors involved, bicyclists and runners , if necessary, should not be allowed on the Jones Trail until uniform trail use policies are developed. R. Bishop stated that Jones Trail was a special problem and whatever action the Board took on this issue should not be regarded as a precedent for what will be done on other trails . He said that he considers the trail too narrow and too steep to allow bicycles and that he favored a decision that would prohibit bicycles from the trail and signing the trail to direct runners to walk over the 1800 foot section. He also stated he was in favor of continuing to permit dogs on leash on the site until such time as the Dog Use Committee decides on the proper use. Meeting 87-05 Page Six D. Wendin stated that he favored the MTC Task Force proposal and that the District would be making a drastic error if it removed responsible bikers from the trail. He urged that the responsible cyclists help educate other cyclists and said that he supported having staff contact the Jesuits to find out if it would be feasible to reopen the section of trail that had been fenced off. K. Duffy said that she did not think that prohibiting bicylists and runners would solve the problems that exist , that other solutions must be found, and that she preferred the MTC Task Force 's position. D. Woods noted that the Midpeninsula Trails Council had not yet met as a group to consider their Task Force 's position on Jones Trail. Motion: D. Wendin moved that the Board tentatively approve the Use and Management Plan as presented by staff with the direction that staff come back with a modification based on the MTC proposal. T. Henshaw seconded the motion. Motion to Table : E. Shelley moved to table the motion until an offi- cial response is received from the full Midpeninsula Trails Council. R. Bishop seconded the motion. Discussion: D. Wendin said that he opposed the motion to table because his motion was meant to refer the Task Force 's proposal back to staff. He urged that the motion not be tabled and suggested it be amended to include asking staff to get response from the whole Council. Bob Bryant, Director of Parks , Forestry and Maintenance Services for the Town of Los Gatos , said that the Town will be interested in the action taken by the Board and that the Town 's primary concern is that the plan be sent to the Coun- cil for review. E. Shelley stated he was willing to withdraw his motion to table with the condition that the Board not tentatively adopt the Comprehensive Use and Management Plan until staff returned with its input on the Task Force 's recommendation . D. Wendin stated his agreement with E. Shelley 's position. The motion to table was withdrawn. D. Wendin 's initial motion was withdrawn. Further discussion centered on permitting dogs on the Preserve. R. Bishop said that he favored allowing dogs on leash until the Dog Use Committee meets to make its recommendation. E. Shelley stated that the site currently is closed to dogs , and that he favored not allowing dogs on the site for now. D. Wendin stated that he supported staff 's recommendation to not allow dogs on site. K. Duffy said the Preserve is a logical site for dogs , and she favored allowing them. E. Shelley said that the dog issue should be referred to the Dog Use Committee before the Board made any decision. R. Bishop stated that in this instance people are in the habit of walking their dogs on this site , and that he supported continuing this practice until such time as the final Use and Management Plan is adopted and , further, until such time as the Dog Use Committee established a policy on dogs . T. Henshaw asked if the Dog Committee was being asked to consider this question, and R. Bishop replied in the affirmative. Motion: R. Bishop moved that dog use be allowed on the Preserve until this use can be evaluated in relationship to the overall experimental program. K. Duffy seconded the motion. Meeting 87-05 Page Six D. Wendin said that he favored the MTC Task Force proposal and that the Dist Meeting 87-05 Page Seven Discussion: E. Shelley stated that the proper procedure would be to refer this question to the Dog Use Committee for review, and that he could not support the motion. D. Wendin said that he concurred with E. Shelley 's position , and he requested that the Dog Committee conclude the experiment soon. The motion carried 4 to 2 on the following vote : Ayes : R. Bishop, K. Duffy, T. Henshaw, and G. Andeen. Noes : E. Shelley and D. Wendin. Naming the site was the next item for consideration, and the names Lexington Ridge and St. Joseph 's Hill were discussed. C. Lekburg noted that area names help people know the general area where a preserve is located. Motion : E. Shelley moved that the Board tentatively adopt the name of St. Joseph's Hill for the site. T. Henshaw seconded the motion. The motion passed 6 to 0 . Motion: D. Wendin moved that the Board refer the Use and Management Plan as amended to staff and that staff return with an alter- native plan for Jones Trail based on recommendations from the Midpeninsula Trails Council. T. Henshaw seconded the motion . Discussion : E. Shelley stated that he would vote against the motion for reasons previously stated, and R. Bishop stated that he favored the present staff proposal with the walking- only zone for the entire 1800 feet proposed. The motion passed 4 to 2 on the following vote : Ayes : K. Duffy, T. Henshaw, D. Wendin, and G. Andeen. Noes : R. Bishop and E. Shelley, D. Hansen said that staff would continue to enforce no bicycles on Jones Trail until after the second reading of the Use and Management Plan. Motion : K. Duffy moved that staff be instructed to attempt to nego- tiate with the Novitiate to reopen the old trail. G. Andeen seconded the motion. The motion passed 6 to 0 . R. Bishop declared a recess at 10 :40 P.M. The Board was reconvened at 10 :53 P.M. C. Whole Access Training/Awareness Session (Report R-87-44 of March 3 , 1987) - D. Hansen advised that Phyllis Cangemi was unable to be pre- sent at this meeting. Discussion centered on the timing and length of the special meeting, and K. Duffy said the meeting should be sched- uled at a time convenient for staff, preferably a weekday rather than on a weekend. Motion: D. Wendin moved that staff schedule a special meeting for the Board for the purpose of holding a Board/staff workshop on Whole Access training and awareness , consistent with the staff report. K. Duffy seconded the motion. The motion passed 6 to 0 . D. Final Adoption of the Revised Relative Site Emphasis Plan and the 1987 Use and Management Plan Target Review Schedule, and Related Matters (Report R-87-46 of March 5 , 1987) - The staff report was reviewed by D. Hansen. He presented site brochures and maps to the Board as Meeting 87-05 Page Eight samples of the materials that are available to the public, noting that new maps are being prepared that are much clearer than the maps that have been used. Motion : E. Shelley moved that the Board adopt 1) the revised Plan for Relative Emphasis of District sites as contained in report R-87-42 ; 2) the 1987 Use and Management Plan Target Review Schedule as contained in report R-87-42 ; and 3) the Conser- vation Management Units included in report R-87-42 . T. Ren- shaw seconded the motion. The motion passed 6 to 0 . R. Bishop stated the Board consensus to hold a special Board meeting field trip in early summer to discuss Skyline Boulevard Corridor roadside signing and parking. E. Request for Authorization to Solicit Dump Truck Bids (Report R-87-43 of March 3 , 1987) - Motion : K. Duffy moved that staff be authorized to solicit competi- tive bids for one 4X4 , 2-yard dump truck as described in the staff report, and to return to the Board following evaluation of the bids to request authorization to award a purchase contract. E. Shelley seconded the motion. The motion passed 6 to 0 . VII . INFORMATIONAL REPORTS H. Grench reported on the field trip he took to Grant Ranch; said that Mr. and Mrs . Tom Gano have invited the Board to a drop-in at their home on Friday evening, April 10 between 6 : 30 and 10 o 'clock; and reported that the District had been recommended by State staff for a $306 ,000 Bond Act grant by the State for the next phase of development at Skyline Ridge Open Space Preserve. D. Wendin announced that he had been appointed to fill the vacant seat on the Los Altos City Council and that he would be resigning from the Board when his committee work on the Brown Act and the Land Management Staffing Plan was complete. He reported that the closure of St. Joseph 's Road would be on the Los Altos City Council 's agenda and requested that the Petris bill information included in the packet should be referred to the Legislative Committee for consideration. G. Andeen reported on the Special District 's Board Institute which he recently attended. VIII . CLAIMS Motion: D. Wendin moved that the Board approve Revised Claims 87-05 . T. Henshaw seconded the motion. The motion passed 6 to 0 . IX. CLOSED SESSION S. Norton announced that the McQueen, Dyer, and Hosking litigation matters would be discussed in Closed Session , and that they fell under Subdivi- sions (a) and (c) of Government Code Section 54956 . 9 . The Board recessed to Closed Session at 11 :29 P.M. X. ADJOURNMENT The meeting was adjourned at 11 :55 P.M. Doris Smith Secretary