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HomeMy Public PortalAbout19890614 - Minutes - Board of Directors (BOD) Meeting 89-14 LIV 0 am 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 JUNE 14 ,_198_9 MINUTES I . ROLL CALL President Gerry Andeen called the meeting to order at 7 :00 P.M. Members Present: Gerry Andeen, Richard Bishop, Katherine Duffy, Nonette Hanko, Robert McKibbin, Teena Henshaw, and Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Jean Fiddes , Del Woods , Stanley Norton, John Escobar, and Joan Combs . II . CLOSED SESSION The Board recessed to Closed Session to discuss land negotiation matters and pending litigation concerning the Ringo property acquisition. S . Norton stated that the Board had been meeting in Closed Session under the authority provided under Government Code 54956 . 9 , Subdivision A, and said that he was required by law to announce this publicly. The Board reconvened for the public meeting at 7 : 30 P .M. III , APPROVAL OF MINUTES May 10, 1989 Motion: N. Hanko moved that the Board approve the minutes of May 10 , 1989. T. Henshaw seconded the motion. The motion passed 6 to 0 , with E. Shelley abstaining as he was not present at the meeting. May 24, 1989 Motion: N. Hanko moved that the Board approve the minutes of May 24 , 1989. T. Henshaw seconded the motion. The motion passed 7 to 0 . IV. WRITTEN COMMUNICATIONS J. Combs stated that the Board had received letters concerning potential residential development of Devil ' s Canyon adjacent to Long Ridge Open Space Preserve from the following: Herbert Grench,General Manager,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop Meeting 89-14 Page two Bill Brown, 14755 Oak Street, Saratoga; Herc Morphopoulos , 267 Arlington Avenue, Kensington; Doug Winslow, 22400 Skyline Boulevard, La Honda; Tom Leddy and Karen Hass , 181 South 21st Street, San Jose; and Ana Lisa Hedstrom, 1420 45th Street, Emeryville. J. Combs stated that the Board had received letters regarding the District's draft trail use policies and guidelines from the following, Tim Musselman, 340 Penn Way, Los Gatos; Leslie and Clarke Stanley, 8 Stowe Lane, Menlo Park; Ray Hosler, 304 O' Connor Street, Menlo Park; Terry Neely, 4500 Stevens Creek Boulevard, San Jose; Marleen Mandt, 12881 Foothill Lane, Saratoga; Ken Wells , 563 Merrimac Drive, Campbell , Janet Simpson, 147 Los Trancos Circle, Portola Valley; Mary Jo Harris , 1187 Lyons Street, Redwood City; Glenn Wegner , 547 Winterberry Way, San Jose; David Loon, 1645-B Belleville Way, Sunnyvale; Eric Steinbroner, 11141 Santa Teresa Drive, Cupertino; Joanne Vinton, 737 Elm Street, #4, San Carlos; Michael Sabin, 883 Mango Avenue, Sunnyvale; Jim Collins , P.O. Box 60302, Palo Alto; and Walter and Sharon Bortz, address unknown. J. Combs said that draft responses prepared by staff for Board consideration were attached to the letters . G. Andeen stated that he had received a letter from Brian O'Neill, Chairperson of the Bay Area Ridge Trail Project, thanking District Board and staff for the Purisima Creek Redwoods Open Space Preserve and Ridge Trail dedication event on May 13. He said that he had also received a letter from the St. Patrick ' s Preservation Committee concerning its efforts to preserve the Seminary land. He said that two letters he had received relating to the draft Trail Use Policies and Guidelines would be added to the other letters received on the subject. N. Hanko requested that copies of all letters be sent to the Board. G. Andeen stated that there were no changes recommended in the responses to the letters concerning potential residential development of Devil ' s Canyon. V. ORAL COMMUNICATIONS G. Andeen stated that if members of the audience wished to discuss trail use policies , they should do so under oral Communications , but if they wished to discuss the agenda item concerning the proposed process for Board review of the draft trail use policies and guidelines , they should wait until that item occurred on the agenda. He said that this was not an appropriate time for organized groups to present their views, but that members of organized groups could speak as individuals under oral Communications. The draft response for the trail use letters was deferred until the Meeting 89-14 Page three Board considered the agenda item concerning the draft trail use policies and guidelines. T. Henshaw said that the May 18 public workshop had provided an opportunity for organized groups to be heard, and that there would be later opportunities as well. N. Hanko said that she felt it was important for everyone to have the opportunity to address the Board, including representatives of organized groups. E. Shelley said that it was important to note that it was inappropriate for the Board to take any action as a result of Oral Communications , and that the Board could only respond to communications from the public during discussion of an item placed on the agenda. Mark Winitz, 85 Main Street, Los Altos , said that the large number of runners present at the meeting provided the best opportunity for the Board to hear the views of individual runners and organized running groups. Eunice Butero, 8 Robert Place, Millbrae, said that she had been hit by a bicycle while hiking on Sawyer ' s Camp Road and urged the necessity of a study of bicyclists on District trails . Joanne Ernst, 262 Ventura Avenue, Palo Alto, said that she represented Runners for Open Space, and said that the purposes of the group were to advocate runners ' rights by actively participating in the policy making process and to serve as a mechanism to promote trail courtesy. She presented a petition with 2000 signatures to the Board supporting the rights of runners to use all District trails . Dave Bauer, 21597 Flintshire, Cupertino, distributed a letter to the Board from Bay Area Corporate Athletic Association supporting the Runners for Open Space petition and opposing restrictions on responsible runners . Dan Wendin, 19997 Stevens Creek, Cupertino, urged the Board to cut off oral public communications at this time and continue them after discussion of the ninth agenda item concerning Board review of trail use policies. Tony Cosby-Rossman, 380 Hayes Street, San Francisco, said that public education was the solution to trail use conflicts, noting that there should be no restrictions on individuals or small groups of runners. K. Duffy urged members of the audience to forward specific criticisms and suggestions to the Board in writing and stated she felt it was inappropriate to continue oral communications at this point in the meeting. R. McKibbin recommended that Oral Communications be placed after the Meeting 89-14 Page four ninth agenda item. E. Shelley recommended covering the other items on the agenda in the order in which they appear on the agenda, and urged people interested in agenda item nine to stay until it was discussed by the Board. G. Andeen stated that, as chair of the meeting, he wanted to proceed with the agenda as presented. Motion: R. McKibbin moved that the Board place Oral Communications after agenda item nine on the meeting' s agenda. T. Henshaw seconded the motion. Discussion: K. Duffy said that she was opposed to such a change. R. Bishop and E. Shelley stated their support of the President ' s ruling. The motion failed to pass on the following vote: Noes: R. Bishop, E. Shelley, N. Hanko, K. Duffy, and G. Andeen. Ayes: T. Henshaw and R. McKibbin. In response to a question from Ken Wells, 563 Merrimac Drive, Cupertino, concerning the seasonal closure of Whittemore Gulch Trail at Purisima Creek Redwoods Open Space Preserve, J. Escobar said that the trail was now open to bicyclists and equestrians. VI . ADOPTION OF AGENDA Motion: N. Hanko moved that items seven, eight, and nine be moved to the beginning of the agenda and items one through six be postponed until later in the meeting. R. Bishop seconded the motion. Discussion: H. Grench said that the items prior to agenda item nine could be considered in a brief time if there was no public discussion. N. Hanko subsequently withdrew her motion. G. Andeen stated that the agenda was adopted as presented by Board consensus . VII. BOARD BUSINESS A. Final Adoption of the Preliminary Use and Management Plan for the Fletscher Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-89-84 dated June 6, 1989) ; Final Adoption of the Preliminary Use and Management Plan for the 160- Acre Sciarrino Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report_ R-89- 82 dated June 6, 1989) ; Final Adoption of the Preliminary Use and Management Plan for the McClellan _ Property Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-89-83 dated June 6,_ 1989) ; Final Adoption of the Preliminary Use and Management Plan for the Witt Property Additio n to the Mt. Umunhum Area of Sierra Azul Open Space Preserve Meeting 89-14 Page five (Report R-89-87 dated June 6, 1989) ; Final Adoption of the Preliminary Use and Management Plan for the Wong Property Addition to El Sereno Open Space Preserve (Report R-89-86 dated June 6, 1989) ; and Final -Adoption of the Preliminary Use and Management_ Plan jor the Fletcher Property Addition to La Honda Creek _pppq_Space Preserve (Report R-89-85 dated June 6, 1989) D. Hansen said that agenda items one through four were located in the Mt. Umunhum Area of Sierra Azul Open Space Preserve. He, stated that escrow had closed only on the 160-acre parcel of the Sciarrino property addition and that a separate second reading would be scheduled for the remaining 35-acre parcel when escrow closed on that portion. He noted that item five was the Wong property addition to El Sereno Open Space Preserve and that item six was the Fletcher property addition to La Honda Creek Open Space Preserve. He said that no further public comment had been received on any of the above items . Motion: R. Bishop moved that the Board approve staff recommendations on agenda items one through six, including withholding the properties from dedication as public open space at this time. N. Hanko seconded the motion. The motion passed 7 to 0. B. Recognition of St. Patrick' s Preservation Committee's Effort to Preserve St. Patrick ' s Seminary Land R-89-88 dated June 7 , 1989) H. Grench said that the Board had heard a presentation by the St. Patrick' s Preservation Committee at its May 10 regular meeting and had expressed support for the group' s efforts. He said that he had spoken when Penny Durham, a member of the Preservation Committee, and was recommending the following changes in the resolution being considered by the Board: 1) change the word "recognizing" to "applauding" in the resolution' s title; 2) substitute "the land slated for development at" for the phrase "89 acres of the" in the second line of the first paragraph; 3) substitute "applaud" for "recognize" in the second sentence of the sixth paragraph; and 4) delete the phrase "in their challenging endeavor" in paragraph six. Motion: N. Hanko moved that the Board adopt Resolution 89-32, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Applauding the Efforts of the St. Patrick' s Preservation Committee, as amended at the meeting. R. McKibbin seconded the motion. The motion passed 7 to 0 . Meeting 89-14 Page six C. Proposed Addition of Ringo Property to Mt. Umunhum Area of Sierra Azul Open Space Preserve (Report R-89-90 dated June 7., 1989) C. Britton reviewed the terms of the proposed 40-acre acquisition, stating that $170, 000 would be paid at close of escrow, that a $5, 000 option fee had already been paid which would apply to the purchase price, and that approximately $20, 000 of the purchase price would be left in escrow to ensure clean up of the property. He said that a letter had been received from an attorney indicating that Mr. Ringo may not be the legal owner of the property and that a lawsuit has been filed. D. Woods showed slides of the proposed acquisition. D. Hansen reviewed the use and management recommendations for the property and said that staff recommended that the property be withheld from dedication as public open space at this time. Michael Connolly, P.O. Box 264 , New Almaden, said that the cabin shown in the slides was located on his land and not on the proposed property acquisition and that the property had been misrepresented. C. Britton said there had been no survey of the property, and that staff believes the cabin is on the property recommended for purchase by the District. N. Hanko said that she would like the Board to go on record as favoring keeping the cabin intact until it has been resolved that the structure is on District property. E. Shelley concurred in taking no action in regard to the cabin until ownership is established. Motion: R. Bishop moved that the Board adopt Resolution 89-33, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of the Purchase Agreement, 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 (Sierra Azul Open Space Preserve, Lands of Ringo) . T. Henshaw seconded the motion. Discussion: S. Norton recommended that the motion to adopt the resolution include the addition of the words "provided that prior to close of escrow staff shall obtain adequate additional security from the seller to assure the performance of the agreements, Meeting 89-14 Page seven warranties , and indemnities obtained in the seller' s agreements . " R. Bishop and T. Henshaw agreed to the wording addition to the motion. E. Shelley said that the purchase was critical to the long-range open space uses in the Mt. Umunhum Area. The motion passed 7 to 0 . Motion: R. Bishop moved that the Board adopt the tentative Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. T. Henshaw seconded the motion. The motion passed 7 to 0 . Motion: R. Bishop moved that the Board indicate its intention to withhold the property from dedication as public open space at this time. T. Henshaw seconded the motion. The motion passed 7 to 0. Motion: R. Bishop moved that Board direct staff to contact the present owner and arrange to delay the cabin demolition until the question of ownership is resolved and to work with the adjacent owner to resolve trespassing problems or what may be trespassing problems. T. Henshaw seconded the motion. The motion passed 7 to 0. D. Status and Proposed Process for Board Review of Draft Trail Use Policies and Guidelines (Report R-89-91 dated June 8, 1989) D. Hansen said that since the May 18 public workshop, numerous inquiries and comments on the draft trail use policies and guidelines have been received from the public, and staff was proposing to accept public comments for an additional five to six weeks . He said that staff proposed analyzing trail use at Monte Bello Open Space Preserve to study the impacts of the draft policies and guidelines as the preserve was characteristic of most of the District ' s lands. He said that staff planned to return to the Board in August with an appendix of letters and comments . He stated that Mark Winitz had indicated willingness to receive calls from runners regarding the District' s trail use policies. In response to a question from G. Andeen on whether staff planned to change the proposed guidelines and policies based on the public input that had been received, D. Hansen said that staff did not propose any changes at this time. Meeting 89-14 Page eight E. Shelley said that he felt it was important for the Board to participate in drafting the policies and recommended forming a Board committee to study the policy statements and then return to the Board with its recommendations . T. Henshaw proposed placing an item on the agenda before the committee was formed so that the committee could be apprised of various Board members ' opinions . R. Bishop said that he favored proceeding with the procedure suggested by staff , as it would be helpful to see how the proposed policies worked when applied to an actual situation, and said that he believed that the entire Board should have input. N. Hanko agreed with R. Bishop, reserving her opinion on supporting the draft guidelines until they were applied to a particular preserve. Discussion centered on the desirability of forming a Board committee versus review by the full Board. Dan Wendin said that he felt that a committee should be appointed to identify the issues for the full Board. E. Shelley said that a committee has more time to explore an issue in depth, noting that policies must be adopted by the Board of Directors as the District ' s governing body. Judie Irwin, 2830 Mauricia Avenue, Santa Clara, expressed concern about all trail user groups being represented. Jim McCoy, 2148 Deodara, Los Altos , said that the draft needs reworking with more public input and said he felt that an experiment on a preserve was premature until the policies had been approved by the Board. Dan Wendin said that the committee ' s sole charter should be to identify issues , not address policies . Gibson Anderson, 19571 Farwell , Saratoga, said that he was disappointed in the draft, and supported E. Shelley' s proposal . Mark Winitz said that he favored the Board committee plan, with continued public input. Tom Williams , 111 Andre Court, Los Gatos, said that the draft focused on enforcement and regulations , and that the real issue is trail user education. Tony Cosley-Rossman expressed his support for the cooperative venture proposed by E. Shelley. Judie Irwin and Terry Chapman spoke in support of the committee process . The Board recessed for a break at 9:22 P.M. and reconvened at 9: 35 P.M. H. Grench stated that the process proposed by staff was only good if the members of the Board thought the proposed policies warranted a trial run and that, based on the discussion, he did not sense the Board' s support of the proposed process. He supported the establishment of a Board committee be formed and Meeting 89-14 Page nine charged with identifying the issues , and said that it was important that the full Board be involved in discussion of the issues . Motion: E. Shelley moved that the Board adopt the Board committee process in concept and place the appointment of the committee and discussion of the committee ' s specific charge on the June 28 agenda. T. Henshaw seconded the motion. Discussion: R. Bishop said that the full Board had not had ample opportunity to comment on the draft policies and guidelines and objected to the committee formulating policy. Motion to Amend: R. Bishop moved that the Board hold a public hearing to hear reactions to staff ' s proposal on trail use before appointing a committee. N. Hanko seconded the motion. Discussion: E. Shelley stated that he opposed the motion to amend as the public input could be received through the committee process . R. McKibbin concurred with E. Shelley concerning appointing a committee at the next regular meeting. The Motion to Amend failed to pass on the following vote: Noes: T. Henshaw, K. Duffy, G. Andeen, E. Shelley, and R. McKibbin. Ayes : R. Bishop and N. Hanko. The original motion passed 6 to 1 on the following vote: Ayes : T. Henshaw, K. Duffy, G. Andeen, E. Shelley, N. Hanko, and R. McKibbin. No: R. Bishop. R. Bishop stated that he opposed the motion unless the committee was limited to defining issues. H. Grench noted that the draft response to the letters concerning the draft trail use policies and guidelines would need to be rewritten. R. McKibbin commended staff for its efforts and members of the public for their participation in helping to establish trail use guidelines . E. Dedication of Easement to Caltrans for Skyline Ridge Open Space Preserve Development Project {Report R-89-92 dated June _8 1989) C. Britton said that under the provisions of the encroachment permit issued by Caltrans , the District is Meeting 89-14 Page ten required to dedicate a slope and drainage easement over a portion of District land where Skyline Boulevard will be widened, affecting approximately one-half acre of District land. S. Norton said that it is permissible under the law for the Board to make the conveyance. Motion: N. Hanko moved that the Board adopt Resolution 89-34 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Officer to Execute an Easement Deed in Favor of the State of California Department of Transportation (Caltrans) and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Skyline Ridge Open Space Preserve) . K. Duffy seconded the motion. The motion passed 7 to O. F. Tour of Ranger Facilities (Report R-89-89 dated June 7, 1989)_ H. Grench reviewed the proposed agenda for the special public meeting as prepared by Open Space Management staff . Motion: N. Hanko moved that the Board schedule a special public meeting for 4: 30 P.M. Friday, June 16 at the ranger yard at Rancho San Antonio Open Space Preserve for the purpose of touring the facilities and hearing a presentation on field equipment and on patrol and maintenance routines . R. Bishop seconded the motion. The motion passed 7 to O. VIII. INFORMATIONAL REPORTS H. Grench reported on the Special Districts Forum that he attended in Cleveland. R. Bishop reported that he and H. Grench had appeared before the San Mateo County Parks and Recreation Commission to discuss camping in the open space preserves . He said that the Commission had voted unanimously to write to the San Mateo Planning Commission recommending that it not adopt its proposed policy concerning camping. R. Bishop said that he and H. Grench would attend the June 15 Planning Commission meeting. R. McKibbin reported that he and K. Duffy met with Santa Clara County Supervisor Ron Gonzales to discuss better cooperation between the District and Santa Clara County. D. Hansen and N. Hanko reported on the Marsh Cleanup Meeting 89-14 Page eleven Day, sponsored by the Cities of Palo Alto and East Palo Alto, on June 10, noting that 40-50 volunteers had worked on District land. C. Britton reported that the star placed on Mt. Umunhum by the Air Force Sergeants Association would be illuminated from September 16 through November 11 . E. Shelley said that he had attended a meeting of Responsible Organized Mountain Peddlers (ROMP) on June 13, and that the members had expressed concerns about the draft trail use policies and guidelines . D. Hansen reported that Jim Boland had resigned his position at the District, and that Supervising Rangers David Topley and John Escobar had been appointed co- acting Operations Supervisor. D. Hansen also stated that Open Space Management Secretary Doris Smith would be retiring. XI. CLAIMS Motion: R. Bishop moved that the Board approve the Revised Claims 89-11. T. Henshaw seconded the motion. The motion passed 7 to 0 . X. CLOSED SESSION The Board recessed to Closed Session on land negotiation matters at 10:20 P.M. XI . ADJOURNMENT The Board reconvened to adjourn the meeting at 11 : 03 P.M. Joan Combs Secretary The minutes of the June 14 , 1989 meeting were approved as corrected: APPROVAL OF MINUTES June 14 , 1989 Motion: E. Shelley moved that the Board approve the minutes of June 14, 1989. R. Bishop seconded the motion. Discussion: N. Hanko stated that she, rather than T. Henshaw, seconded the first motion on page nine. E. Shelley and R. Bishop accepted the change . The motion to approve the minutes as corrected passed 5 to 0.