HomeMy Public PortalAbout19890614 - Minutes - Board of Directors (BOD) Meeting 89-14
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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.