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HomeMy Public PortalAbout19870408 - Minutes - Board of Directors (BOD) Meeting 87-07 .AA Aw or 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 APRIL 8 , 1987 MINUTES I. ROLL CALL President Richard Bishop called the meeting to order at 7 : 37 P.M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley, Nonette Hanko, Gerry Andeen, and Richard Bishop. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes, Mary Hale, Stanley Norton, James Boland, Alice Cummings , Walter Goggin, and Cecilia Cyrier. II, APPROVAL OF MINUTES March 25 , 1987 D. Hansen said that the words "portions of" should be inserted after the word "since" in the second sentence of the first paragraph on page three. Motion: R. Bishop moved that the Board approve the minutes of March 25 , 1987 with the suggested change. D. Wendin seconded the motion. The motion passed 6 to 0 with N. Hanko abstaining from the voting because she did not attend the meeting. III. WRITTEN COMMUNICATIONS C. Cyrier stated the Board had received the following written communica- tions: 1) a letter dated March 18 , 1987 from Jobst Brandt, 351 Middlefield Road, Palo Alto, stating his concerns in regard to public access over the roads in the Mt. Madonna County Park, Mt. Umunhum, and Mt. Loma Prieta areas; 2) a letter dated March 23 , 1987 from Dr. Robert Mark, 609 Forest Avenue, Palo Alto, affirming the staff recommendation to terminate grazing on Russian Ridge Open Space Preserve; 3) a letter dated March 23 , 1987 from William D. Davis , Executive Director of San Mateo County LAFCo, Redwood City, noting that the Commission had reviewed the Board' s February 27 letter concerning the District' s annexation policy and stating that the Commission was prepared to review the District proposals when referred by Santa Clara County LAFCo. 4) a letter dated March 29 , 1987 from Kathryn Kennedy-Miller, Presi- dent of King' s Mountain Association, 16222 Skyline Boulevard, Woodside, asking that the present public notification policy be 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 87-07 Page two modified to include neighbor notification of neighborhood planning meetings following a land acquisition. She urged that District materials and signs include warnings about Lyme disease and requested that someone from the mountain communities be appointed until an election can be held to fill the future Ward 2 vacancy; 5) a letter dated March 27 , 1987 from the Portola Park Heights Prop- erty Owner' s Association and Sorich Road Association, 22400 Skyline Boulevard, Box 16, La Honda, requesting documentation verifying District easement rights to Diablo Road either on Sorich Road (Lower Road) or Long Ridge Road; and 6) a letter dated April 2 , 1987 from Beez Jones, 16891 Stevens Creek Canyon Road, Cupertino, regarding long-term effects of grazing on District preserves and the need to continue grazing until some better method is found to keep brush under control. R. Bishop noted that the letters from Dr. Robert Mark and Beez Jones would be considered in conjunction with the Russian Ridge Open Space Preserve grazing agenda item. R. Bishop, noting the number of public present who wished to comment on Written Communications, stated it was the Board' s consensus to defer action on proposed draft responses until after Oral Communications. Motion: E. Shelley moved that the Board defer consideration of responses to Written Communications until after Oral Communications . N. Hanko seconded the motion. The motion passed 7 to 0 . T. Henshaw stated that she had received a letter from Carol Doose, 22400 Skyline Boulevard, La Honda, concerning grazing and that she would read it when that agenda item was under discussion. IV. ORAL COMMUNICATIONS Randy Perretta, P.O. Box 98 , New Almaden, representing the Sierra Azul Landowners ' Association, stated that opening roads in the area of Mts. Umunhum and Loma Prieta would require a change in the legal status of the roads since the Association considered them private roads. He said that opening the roads would pose an environmental threat to the area and that he would do everything within his power and suffer any expense to prevent the District from opening Mt. Umunhum Road. He invited the members of the Board to meet with him and the neighbors in the area. C. Britton said that the District has a recorded easement right on Mt. Umunhum Road and that the landowners may only have prescriptive rights over the roads. Robert Zatkin, Box 620502 , Woodside, a geologist with U.S. Geological Survey, said he had done post-fire studies in the Lexington Reservoir Area and stated he did not think the roads under discussion should be opened to public vehicular use and recommended walking corridors to the land instead. D. Hansen said that many of the properties in the Sierra Azul area are classified as Conservation Management Units, and therefore the public is not encouraged to go there; that the public is not allowed to drive Meeting 87-07 Page three beyond the first gate on Mt. Umunhum Road, but can walk or ride bicycles beyond the gate on the District' s easement; that the District does not encourage use of Loma Prieta Road; and that a signing program has been initiated to mark the public versus private land in the area. Kathryn Kennedy-Miller, 16222 Skyline Boulevard, Woodside, asked where and how she could get listings for future Use and Management Plan reviews and neighborhood meetings . D. Hansen responded, noting that the reviews and meetings are listed at the end of the printed agenda. In response to her question as to what instructions the Board had given staff re- garding her Lyme disease material, R. Bishop said that staff would return the matter back to the Board as staff felt appropriate. Eric Thompson, Star Route 2 , Box 45 , La Honda, stated that he would like to see information on Lyme disease on future maps and brochures for the preserves; requested that agendas be mailed on Thursday rather than on Friday; and questioned whether the District had gotten necessary approv- als for its parking lot construction and signing at Purisima Creek Open Space Preserve. D. Hansen responded that the District had received approvals from both the San Mateo County Planning Commission and CalTrans. R. Bishop responded that, as noted before, it is not feasible to mail the agendas earlier than Friday. Rick Estrada, P.O. Box 153 , New Almaden, said that the Sierra Azul Land- owners ' Association members consider Mt. Umunhum Road a private road and will take action against individuals not abiding by no-tresspass signs on the road. N. Hanko said that she felt the response letter to Mr. Brandt should be more conservative and it should not encourage some kind of legal action to determine the status of the road. R. Bishop, E. Shelley, T. Henshaw, and K. Duffy indicated they approved of the draft response. D. Wendin said he could support the draft response if a new paragraph was started with the sentence in the sixth line of the third paragraph that begins "From the volume of R. Bishop stated the Board' s consensus that staff was directed to make D. Wendin' s suggested change in the letter and send the response to Mr. Brandt. N. Hanko requested the minutes show she did not approve of the draft response to Mr. Brandt. Rick Estrada asked if the Board had received a copy of the Santa Clara County Board of Supervisors ' response to Doreen James ' letter to the Editor of the 'Loma Prietan saying that the only public road in the area was Hicks Road. H. Grench said he did not recall a copy of the letter, and Mr. Estrada said that he would forward a copy to the Board. R. Bishop stated the Board' s consensus that staff was directed to forward the draft responses to Kathryn Kennedy-Miller and the Portola Park Heights Property Owners Association and Sorich Road Association. V. ADOPTION OF AGENDA R. Bishop stated that the agenda as presented was adopted by Board consensus. Meeting 87-07 Page four VI . BOARD BUSINESS A. Final Adoption of the Revised Comprehensive Use and Management Plan for Windy Hill Open Space Preserve (Report R-87-57 of March 31, 1987) D. Hansen said that no further comments had been received from the public on the Revised Comprehensive Use and Management Plan. K. Duffy said that trail users were cutting straight up to the top of Windy Hill rather than staying on the trail and suggested that a step system be installed since she felt it was a loosing battle to try to keep people on the trail . D. Hansen said that the visual impact of steps would have to be taken into consideration. Motion: E. Shelley moved that the Board adopt the Revised Compre- hensive Use and Management Plan for Windy Hill Open Space Preserve as contained in the report and indicate its inten- tion to dedicate the 108 acre former Catalano property. T. Henshaw seconded the motion. The motion passed 7 to 0. B. Cost of Implementing a Grazing Plan at Russian Ridge Open Space Preserve (Report R-87-61 of April 3 , 1987) D. Hansen reviewed options available based on a report prepared by Rodney Tripp, the District' s grazing consultant, and A. Cummings reviewed the costs of improvements as recommended by Mr. Tripp and as detailed in Exhibit A of the staff report. She also reviewed her survey results concerning grazing policies at other agencies. D. Hansen stated that staff recommended that grazing not be rein- stated on the Preserve. Dr. Samuel McGinnis, 9699 Melton Road, Manteca, stated that within the next ten years grazing on public lands would be the greatest topic of discussion in land conservation; that the staff report was very thorough; and that if he were to suggest any addition to the report, it would be to allay fears regarding the use of certain new commercial systemic herbicides to control Baccharis. A. Cummings showed slides taken after the 1981 controlled burn on Monte Bello Ridge and in March of this year to illustrate the sparse return of Baccharis. D. Hansen said that staff is recommending manual methods of control for thistle and Baccharis if grazing is discontinued. E. Shelley questioned controlling it at all, given that Baccharis is a native plant and that the Board' s policy is to return land to its natural state. D. Hansen said that staff understood the Board ' s consensus was to have the ridgeline open and grassy and that Baccharis, because of its spreading qualities , needed to be controlled so it would not eventually crowd out the grasses . D. Wendin asked about the relationship between fire and grazing, and D. Hansen responded that grazing definitely reduces danger of fire and that overgrazing is the best way of reducing fuel load. He added that the staff report had stressed the overall impact of grazing and had not focused only on fire protection considerations strictly through grazing for the area. Meeting 87-07 Page five In response to D. Wendin' s questions about oak regeneration if grazing were terminated, A. Cummings responded that she thought the oaks would regenerate in significant numbers since the area had sustained oaks at one time. T. Henshaw summarized Carol Doose's letter, noting that Ms. Doose stressed the preservation of rural areas and country life and was in favor of continuing cattle grazing in the Skyline Boulevard area. Charles and Sandy Touchatt, P.O. Box 254 , Redwood City; Mary Childress, P.O. Box 46 , Loma Mar; and Chris True, P.O. Box 35 , La Honda, spoke in favor of grazing being continued. Robert Zatkin said that if grazing was allowed, long-term studies on the impact on the soil and vegetation should be funded. Eric Thompson said that he favored cattle grazing being continued; however, if it did not continue, he would like to see the land revert back to its natural state without cutting Baccharis. Tom Williams, 653 Roble Avenue, No. C, Menlo Park, said he was not opposed to grazing in general but was opposed to grazing on this particular preserve because of the views available from the top of Russian Ridge which will attract many people. Robert Fisse, Star Route 2 , Box 402 , La Honda, expressed his con- cerns about fire and said that if grazing was stopped, the lands should revert to their natural state. Eric Remington, 574 Arastradero Road, No. 44 , Palo Alto, said he was against grazing because some preserve users, including children, could not deal with cattle. N. Hanko said that she favored the reintroduction of cattle grazing and suggested that Unit V be grazed since it needed the least amount of capital improvements; the public could see cattle from Skyline Boulevard; it could serve as a fuel break for neighboring resi- dences; and it could serve as a demonstration and study area. Discussion centered on which unit would be best for grazing, par- ticularly for providing fire protection to neighboring lands , and what criteria had been used to divide the area into the various units. Motion: N. Hanko moved an amendment to the Use and Management Plan that the Board reintroduce grazing to Unit V of Russian Ridge Open Space Preserve. D. Wendin seconded the motion. Discussion: Robert Zatkin said that he felt it was impor- tant to ascertain what happens to ungrazed land over a period of time. The motion passed 7 to 0 . Motion: N. Hanko moved that staff be requested to monitor the area used by cattle and the area not used by cattle to ascertain the difference in resource quality. The motion died for lack of a second. Meeting 87-07 Page six K. Duffy noted that the monitoring would be an outstanding project for environmental students. Motion: E. Shelley moved that the Board adopt the Original Use and Management Plan recommendations as amended by the actions of this evening. D. Wendin seconded the motion. Discussion: D. Wendin said many items had not been addressed and perhaps a tentative adoption might be better in order to give staff the opportunity to return to the Board with selected items of importance relating to grazing on Unit V. Motion to Amend: K. Duffy moved that the Board tentatively adopt the Original Use and Management recommendations and request staff to return with plans for implementing grazing on Unit V. E. Shelley seconded the motion. Discussion: D. Wendin asked if the Board had approved tentative adoption of the Use and Management Plan without the grazing element at the previous meeting. Discussion centered on whether another reading of the Plan was re- quired, and H. Grench said that the Board had adopted the Revised Comprehensive Use and Management Plan with excep- tion of the grazing item. E. Shelley and K. Duffy subsequently withdrew their motion and motion to amend relating to the adoption of the Use and Management Plan. R. Bishop stated the Board' s consensus that staff was to return to the Board with an Informational Report on how they plan to imple- ment the reintroduction of grazing on Unit V at Russian Ridge Open Space Preserve. C. Request for Authorization to Purchase Four Ranger Patrol Trucks Through the State Bid System (Report R-87-60 of April 2 , 1987) Motion: N. Hanko moved that the Board authorize the General Manager to purchase four Ranger vehicles through the State Office of Procurement: two replacement vehicles at a cost of $14 , 000 each, and two new fully outfitted Ranger vehicles at a cost of $24 ,000 each. K. Duffy seconded the motion. Discussion: In response to E. Shelley' s question regarding what would happen to the vehicles being replaced, D. Hansen said that they would be kept for a while but not used as code 3 vehicles and then sold. The motion passed 7 to 0. D. Legal Procedure for Filling of Expected Board Vacancy (Report R-87-56 of March 27 , 1987) S. Norton reviewed the legal alternatives available for filling a a Board vacancy, noting an appointment could be made or an election could be called. J. Fiddes stated that the critical date by which she would have to deliver a notice of election and map to the Santa Clara County' s Registrar of Voters for the November 1987 election was June 30. Meeting 87-07 Page seven In response to R. Bishop' s request for a straw vote as to whether Board members favored filling the vacancy by appointment or by calling an election, G. Andeen, E. Shelley, and T. Henshaw said they did not feel it was appropriate to indicate their intent until an actual vacancy existed. R. Bishop said that he favored calling an election for November 1987 . N. Hanko urged D. Wendin to con- tinue as Director for as long as he could. E. Scheduling of Special Meeting May 9 , 1987 for Field Trip with Santa Clara County Officials (Report R-87-55 of March 26 , 1987) M. Hale said that, in order to complete the tour by 2: 00 P.M. , she was now recommending that the Special Meeting start at 8 : 30 A.M. rather than 8 : 45 A.M. Motion: D. Wendin moved that the starting time for the tour of District lands with Santa Clara County officials be changed from 8: 45 A.M. to 8 : 30 A.M. E. Shelley seconded the motion. The motion passed 7 to 0 . Motion: T. Henshaw moved that the Board set Saturday, May 9 , 1987 at 8: 30 A.M. for a Special Meeting for a public field trip with Santa Clara County officials to selected District lands in Santa Clara County. K. Duffy seconded the motion. The motion passed 7 to 0 . F. Prepayment of Land Acquisition Notes (Report R-87-58 of April 2, 1987) C. Britton said that the words "that these repurchases be from the 1987 Promissory Note Acquisition Fund" should be inserted immediately following the word "tabulation" in the recommendation. He noted the following changes in the attachment: 1) figures for the Jeffries note should be $8 ,042. 41 for principal balance remain- ing, $33. 05 for interest, and $8 ,075 . 46 for the total payment; 2) the Truesdell note only has one year remaining in the term and the interest savings should be $5 ,910 .00; and 3) total interest savings on page 3 of the attachment should be $214 , 171 .73 . He also said that the Zabels are considering renegotiating by reducing the interest rate rather than being paid off. Motion: E. Shelley moved that the Board approve repurchase of the six secured promissory notes and the fourteen secured fractional promissory notes , together with payment of interest due through April 15 , 1987 as summarized on the tabulation, that these repurchases be from the 1987 Promissory Note Acquisition Fund, and that the General Manager be authorized to take all action necessary to complete the repurchases, as amended at the meeting. T. Henshaw seconded the motion. The motion passed 7 to 0. VII . INFORMATIONAL REPORTS H. Grench encouraged interested Board members to attend the 1987 Special Park District Forum and said that information regarding the Forum had been included in the packet. He said that the public tours of Thorne- wood were scheduled for Sunday, April 12 . Meeting 87-07 Page eight D. Hansen presented the first monthly briefing to update the Board on District site activities. VIII. CLAIMS Motion: E. Shelley moved that the Board approve the Revised Claims 87-07 . T. Henshaw seconded the motion. The motion passed 7 to 0. IX. CLOSED SESSION S. Norton announced that litigation matters relating to the Hosking property to be discussed in Closed Session fell under Subdivision (a) of Government Code Section 54956 . 9 . The Board recessed to Closed Session at 11: 00 P.M. X. ADJOURNMENT The meeting was adjourned at 11:30 P.M. Cecilia A. Cyrier Secretary