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HomeMy Public PortalAbout19871110 - Minutes - Board of Directors (BOD) Meeting 87-27 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 10_ 1987 MINUTES I . ROLL CALL President Richard Bishop called the meeting to order at 7 : 34 P.M. Members Present: Katherine Duffy, Robert McKibbi.n, Teena Henshaw, Nonette Hanko, Gerry Andeen, Edward Shelley, and Richard Bishop. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Mary Hale, Del Woods , James Boland, Michael Foster, Stanley Norton, and Joan Combs . II . APPROVAL OF MINUTES October 28 , 1987 Motion: R. Bishop moved that the Board approve the minutes of October 28 , 1987 . N. Hanko seconded the motion. The motion passed 6 to 0 . E. Shelley abstained from voting, as he was absent from the meeting. III . WRITTEN COMMUNICATIONS J. Combs reported that the Board had received the following written communications : 1) a letter dated October 23 , 1987 from Ernie Ramires , 325 East Meadow Drive, Palo Alto, urging the Dog Committee to take firm action regarding control of unleashed dogs on the preserves; and 2) a letter dated November 9, 1987 from Kris Casto, P.O. Box 1051 , Mountain View, thanking the Board and staff for the Fifteenth Anniversary hike on November 7 . R. Bishop stated the Board' s consensus that Mr. Ramires ' s letter would be considered during the agenda item on the report from the Dog Committee and that the letter needed no reply. Herbert Grench,General Manager;Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop Meeting 87-27 Page two IV. ORAL COMMUNICATIONS Eric Thompson, Star Route 2 , Box 415, La Honda, said he had not yet received his agenda for the meeting, adding that agendas should be mailed earlier. Bee z Jones , 166891 Stevens Canyon Road, Cupertino, suggested that the agendas be mailed in envelopes so they would not be confused with second class mail . V. ADOPTION OF AGENDA R. Bishop stated that the agenda was adopted by Board consensus . VI . BOARD BUSINESS A. Approval of Agreement With Prudential-Bache _Agjt�eem_,___ pital Funding to Serve as Managing Underwriters- ' of Negotiable Promissory -Notes (Report R-87-164 of November 2 , 1987) M. Foster reviewed his report to the Board, stating that he was recommending that $12 . 5 million of notes be sold by early February through Prudential-Bache Capital Funding. He noted that after the note issue, the District would still be well within its debt ceiling. He said he was recommending selling floating rate , rather than fixed rate, notes . He stated that without a new note issue the District could not purchase any additional land for cash before December 1988 . Motion: N. Hanko moved that the Board authorize the General Manager to execute the Underwriting Agreement with Prudential-Bache Capital Funding and authorize staff to take all actions necessary to arrange the issuance of $12 . 5 million of twenty year notes . E. Shelley seconded the motion. The motion passed 7 to 0 . B. Report_of_Dog t R-87-167 of November 3,- 19873 N. Hanko reviewed the findings and recommendations of Dog Committee and the report of consultant Sam McGinnis . She said that the Committee had decided to endorse the continuation of dogs on the preserves where they had already been introduced and stated that the Committee was recommending allowing dogs on other preserves as noted in the report . R. Bishop said that the Committee intended to ask the Board for continuation of permitting dogs on leash in the present allowable areas , plus the addition of Hassler and Russian Ridge Open Space Preserves , as well Meeting 87-27 Page three as the Spring Ridge area of Windy Hill Open Space Preserve. He said these additions would require staff studies to delineate the areas where dogs would be allowed. E. Shelley said that he would vote against the Committee ' s recommendations , as he felt it was more appropriate to direct staff to return with its recommendations on dog use at the next use and management plan reviews for these preserves . R. McKibbin said that he would also vote against the Committee ' s recommendations for the following reasons : 1) representation on the Committee did not reflect the opinions of the full Board; 2) Dr . McGinnis ' s study was inadequate as a two-year baseline study; 3) the dog program was intended as a short-term test program; 4) a questionnaire is needed to determine opinions of Preserve users; 5) a lack of clear criteria to determine the best dog areas; and 6) lack of long term District-wide analysis of dog areas . He said he recommended freezing the expansion of dog use areas , reorganizing the Committee , and directing staff to develop a baseline study and questionnaire , as well as an accurate monitoring program. R. Bishop said that he disagreed with R. McKibbin' s statement concerning the Dog Committee, and said that to implement R. McKibbin' s suggests would require extensive and time-consuming study. Motion: G. Andeen moved that the Board accept the Dog Committee ' s report and thank the Committee for its efforts . T. Henshaw seconded the motion. Discussion: K. Duffy said that she felt it was important to provide some areas where Preserve users could take their dogs . N. Hanko said that the Committee had received input from members of the public who did not use District Preserves because dogs were not allowed. E. Shelley said that the subject of dog use needs to be brought before the Board for formation of a general policy, which would then be applied to use and management plans . E. Thompson suggested that the public should be educated to respect the leash law on District lands before adding other areas for dog use . Ernie Ramires , 325 East Meadow Drive , Palo Alto, said that dogs and wildlife are Meeting 87-27 Page four generally not compatible , and suggested trapping loose dogs on the Preserves . D. Hansen said that the District needs to establish a priority list of new sites using the criteria suggested by staff . E. Shelley said that he felt the entire Board should vote on the adoption of criteria as a starting point to establishing policy. Motion to Amend: E. Shelley moved that the Board adopt only the portion of the Committee ' s report that recommended continuing existing use on current approved preserves , with the exception of Jones Trail on St. Joseph' s Hill Preserve. R. McKibbin seconded the motion. Discussion: N. Hanko said that the Committee was interested in extending the dog program and suggested that the Board direct the Committee to develop criteria for the Board to discuss and adopt. E. Shelley said that he supported asking staff to return to the Board with recommendations for dog use on the new recommended sites when the use and management plans for those sites are presented and after the Board had adopted criteria. R. Bishop said that the Committee has not established any policy without Board approval , and suggested that the Board should give staff policy guidelines . E. Shelley said that a policy is needed first for criteria for selecting sites . T. Henshaw called the question. The motion failed to pass on the following vote : Noes : K. Duffy, R. Bishop, T. Henshaw, G. Andeen, and N. Hanko. Ayes : R. McKibbin and E. Shelley. Motion to Amend: E. Shelley moved to amend the motion by including N. Hanko ' s minority recommendation 7A that would exclude dogs from the narrow part of Jones Trail on St. Joseph' s Hill Preserve. Discussion: D. Hansen said that not allowing dogs on Jones Trail would invite strong public protest; however, safety on the trail was of primary concern to staff . Meeting 87-27 Page five The motion to amend failed to pass on the following vote : Ayes : E. Shelley, N. Hanko, and R. McKibbin. Noes : K. Duffy, R. Bishop, G. Andeen, and T.Henshaw. The original motion, excluding item 7 that the Committee noted was not part of their recommendation, passed 5 to 2 on the following vote: Ayes : T. Henshaw, R. Bishop, G. Andeen, N. Hanko, and K. Duffy. Noes : E. Shelley and R. McKibbin. Motion: T. Henshaw moved that the Board direct the Dog Committee to continue to meet and return to the Board with a general policy concerning dogs on District preserves to be reviewed and considered by the full Board. N. Hanko seconded the motion. The motion passed 7 to 0 . K. Duffy resigned from the Dog Committee, and R. McKibbin volunteered to serve on the Committee . Motion: R. Bishop moved that the Board approve the appointment of R. McKibbin to the Dog Committee. N. Hanko seconded the motion. The motion passed 7 to 0 . The Board recessed for a break at 9 : 20 P .M. and reconvened at 9: 28 P.M. C . Final Adoption of the Revised Comprehensive Use and Management Plan for Thornewood Open Space Preserve {Report 1�718_7-166 of November _41987) D. Hansen said that a letter of reply to Mr. Zand was attached to the Board report in response to Mr. Zand ' s letter that was discussed the previous meeting. K. Duffy suggested that all preserve maps should be dated and that the trail easement shown on the Thornewood map be deleted from the map distributed to the public to avoid confusion. G. Andeen recommended that the public trail pass close enough to the lease area so that Preserve users could see the house. Motion: K. Duffy moved that the Board adopt the revised Comprehensive Use and Management Plan for the Thornewood Open Space Preserve as contained in the staff report . E. Shelley Meeting 87-27 Page six seconded the motion. The motion passed 7 to 0 . D. Final Adoption of the Revised Comprehensive Use and Management Plan for El Sereno Open Space_Preserve (Report R-87-165 of November 3, 198�7) D. Hansen noted that minor adjustments had been recommended in the Access and Circulation section of the report concerning the gate at Linda Vista Road. He said no public comments had been received. Motion: N. Hanko moved that the Board adopt the revised Comprehensive Use and Management Plan for El Sereno Open Space Preserve as amended in the staff report . R. McKibbin seconded the motion. The motion passed 7 to 0 . E. Proposed Cooperative Project With Santa Clara County (Moody Gulch) (Report R-87-169 of November 4,_1987) C. Britton showed the 177 acre property on the wall map and reviewed the proposed cooperative project with Santa Clara County. He said the Letter of Intent was a preliminary step to forming an assessment district . He said that the District would take over the 15 year bonds and hold them to maturity, with the District' s out-of-pocket costs being $50 , 000 on a present-value basis . Motion: E. Shelley moved that the Board approve the Letter of Intent and authorize the President or Vice-President or other appropriate officer to execute the document on behalf of the District . T. Henshaw seconded the motion. The motion passed 7 to 0 . C. Britton said there would be a signing ceremony in the office of Santa Clara County Supervisor Susanne Wilson on Thursday, November 12, and that Director Duffy could sign the agreement on behalf of the District. F. Progress Report on Access Discussions with CalTrans for the Hassler Open Space Preserve (Report_R-87-168 of November 4., 1987) D. Hansen said that little progress had been made in obtaining public access to the Preserve from the Highway 280 locations . He said that staff had contacted the San Mateo County Sheriffs ' Department and local officials concerning the Vista Point and noted that the General Manager had conferred with the District ' s Legislative Consultant and State Parks Meeting 87-27 Page seven officials concerning how to approach CalTrans regarding access problems . R. Bishop stated the Board' s consensus that the oral report was sufficient and that the present Use and Management Plan for the Preserve would remain in effect, with staff being directed to continue to work with CalTrans and the Legislative Consultant to identify the best procedure for obtaining public access to the Preserve. VII . INFORMATIONAL REPORTS J. Boland reported that an equestrian had been injured at Rancho San Antonio Open Space Preserve on the weekend and that District Ranger staff had responded to the accident. C. Britton said that the Air Force Sergeants Association had asked permission to install the star on Mt. Umunhum for the holiday season and that staff would work with the Association unless there were objections from the Board. No Director objected to having the star installed on Mt. Umunhum. D. Hansen reported to the Board on recent Land Management activities , noting that: 1) most of the Whole Access Trail at Purisima Creek Redwoods Open Space Preserve had been completed, including the installation of restrooms . He said that Peninsula Open Space Trust was holding a recognition ceremony on November 12 for donors who contributed funds for the trail ; 2) a large diseased eucalyptus tree very near the homes at Saratoga Gap Open Space Preserve had been removed; 3) the installation of split rail fencing and a pipe gate had been completed at El Sereno Open Space Preserve; and 4) there had been a bicycle accident on Charcoal Road and an equestrian accident at Purisima Creek Redwoods Open Space Preserve recently. M. Hale reported that approximately 150 people had attended the Fifteenth Anniversary Hike on November 7 . R. Bishop complimented staff members who organized the Anniversary event. VIII . CLAIMS S . Norton referred the Board to Claims Number 687 , and explained that the $30 , 000 was in settlement of all claims concerning Beverly Fike and that a settlement agreement had been prepared for the President ' s signature. Meeting 87-27 Page eight Motion: E. Shelley that the Board approve Revised Claims 87-25. K. Duffy seconded the motion. The motion passed 7 to D . Ix. CLOSED SESSION S . Norton announced that pending litigation matters to be discussed in Closed Session fell under Government Code Section 54954 .6 (b) (1) . The Board recessed to Closed Session at 10 : 30 P.M. X. ADJOURNMENT The meeting adjourned at 11 : 56 P.M. Joan Combs Secretary