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HomeMy Public PortalAbout19891205 - Minutes - Board of Directors (BOD) Meeting 89-31 0 Ow 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 DECEMBER 5 1989 MINUTES I. ROLL CALL Vice-President Nonette Hanko called the meeting to order at 7 : 32 P.M. Members Present: Richard Bishop, Betsy Crowder, Katherine Duffy, Nonette Hanko, Robert McKibbin, Teena Henshaw. and Edward Shelley. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Mary Hale, Jean Fiddes, Del Woods, John Escobar, Stanley Norton, and Joan Combs . II. APPROVAL OF MINUTES September 20, 1989 J. Fiddes noted that page three duplicated page two of the minutes and should be eliminated. Motion: E. Shelley moved that the Board approve the minutes of September 20, 1989 as corrected. T. Henshaw seconded the motion. The motion passed 5 to 0 with K. Duffy and B. Crowder abstaining because they were not present at the meeting. October 11 1989 Motion: E. Shelley moved that the Board approve the minutes of October 11, 1989 . T. Henshaw seconded the motion. The motion passed 5 to 0 with R. Bishop and B. Crowder abstaining because they were not present at the meeting. November 4, 1989 Motion: E. Shelley moved that the Board approve the minutes of November 4, 1989. R. Bishop seconded the motion. The motion passed 5 to 0 with T. Henshaw and B. Crowder abstaining because they were not present at the meeting. Herbert Grench,General Manager,Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andeen,Richard Bishop (10: 20) INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Land Negotiation, Litigation, and Personnel Matters) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. **TO ADDRESS THE BOARD: When an item you 're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication, which the Board appreciates. Each speaker will ordinarily be limited to 3 minutes. When recognized, please begin by stating your name and address. We request that you fill out the form provided so that your name and address can be accurately included in the minutes. USE AND MANAGEMENT PLAN REVIEWS The Comprehensive Use and Management Plan Review for Rancho San Antonio Open Space Preserve is tentatively scheduled for consideration at the meeting of December 20 . Please send your written comments , ideas, and concerns to David Hansen, Land Manager, by December 8 so that they can be considered in drafting the staff report . You may call the District office on December 18 to 20 to confirm that the item is on the agenda. NOTICE OF PUBLIC MEETINGS There will be a public meeting of the Trails Use Policy Committee on Wednesday, December 13, 1989 , beginning at 7 : 30 P.M. at the District office. There will be a public meeting of the Open Space Conference Committee on Monday, December 18 , 1989, beginning at 7 : 30 P.M. at the District office. Meeting 89-31 Page two November 13, 1989 Motion: E. Shelley moved that the Board approve the minutes of November 13, 1989. T. Henshaw seconded the motion. The motion passed 6 to 0 with B. Crowder abstaining from the vote since she had been a Ward 6 applicant. November 20, 1989 Motion: E. Shelley moved that the Board approve the minutes of November 20, 1989. T. Henshaw seconded the motion. The motion passed 6 to 0 with B. Crowder abstaining from the vote since she had been a Ward 6 applicant. III. WRITTEN COMMUNICATIONS J. Combs stated that the Board had received the following written communications: 1) a notice of a special meeting on November 16 at the Los Gatos Neighborhood Center concerning threatened urban development in the Lexington Basin area sent by the Sierra Club, Guadalupe Regional Group, and Greenbelt Alliance; 2) a letter from Steve Krotoski requesting that the area above Devil ' s Canyon be preserved as open space. J. Combs stated that the communications required no response, and N. Hanko gave the Board' s concurrence. IV. ORAL COMMUNICATIONS William Sorich, 23320 Skyline Boulevard, Woodside, described extensive tractor work in the Devil ' s Canyon area adjacent to Long Ridge Open Space Preserve and reported considerable damage to rocks and manzanita. He urged the Board to consider purchase of Devil ' s Canyon and presented a photograph of the falls in that area to the Board. He also displayed an Indian grinding stone that had been dislodged by the tractor work. C. Britton said that the District has filed a lawsuit concerning illegal trespass in the area, and noted that a restraining order was in effect to prevent the prospective buyers of the property from further activity and grading. R. McKibbin thanked Mr. Sorich for his concern and for monitoring the area. Jim Hunter, 17969 Saratoga-Los Gatos Road, Monte Sereno, said that access to El Sereno Open Space Preserve from Sheldon Road had been barred by a high gate built by adjacent landowners. D. Hansen that District staff was encouraging meetings with user groups and adjacent land owners to attain limited access to the preserve. In Meeting 89-31 Page three response to a question from E. Shelley, D. Hansen said that District ranger vehicles have access to the preserve, but actual public access rights need to be clarified. He added that the District will sign the area to advise visitors of the problem. V. ADOPTION OF AGENDA H. Grench stated that an emergency item needed to be placed on the agenda concerning the lawsuit involving Dr. Rang Ming Ho versus the Town of Los Gatos as to Dr. Ho' s proposal to build an access road through St. Joseph' s Hill Open Space Preserve. He said that a court hearing was scheduled for December 15 on the issue of Dr. Ho' s request to build a road on the Alma Bridge alignment, which the District opposes, and there would not be another meeting of the Board prior to that date. He said that the District is concerned about the deleterious effects on the preserve if the road is built. He requested a Closed Session so that S. Norton could brief the Board on the legal aspects of the case as it related to the agenda item and said C. Britton would present the staff report at the public session. S. Norton said that State law allows disucssion of a matter not on the agenda if the need to take action arose subsequent to posting of the Board' s agenda and upon determination by a two-thirds vote of the Board. Motion: R. Bishop moved that the Board take action on the agenda item which arose subsequent to posting of the Board' s agenda. N. Hanko seconded the motion. Discussion: In response to a question from R. McKibbin, H. Grench said that &I-1-interested parties had been notified. The motion passed 7 to 0. H. Grench recommended placing the item first on the agenda after the Board had met in Closed Session, since most of the audience members were present for the discussion of this item. Motion: E. Shelley moved that the Board adjourn to Closed Session. R. McKibbin seconded the motion. The motion passed 7 to 0. The Board adjourned to Closed Session at 8 :02 P.M. The Board reconvened to public session at 8 :20 P.M. VI . BOARD BUSINESS A. Preservation of St. Joseph' s Hill Open Space Preserve (Report R-89-164 of December 5, 1989) Peter W. Siemens, representing Citizens for the Preservation of St. Joseph' s Hill, distributed a letter dated January 4 , 1989, from the organization reaffirming the Board' s position Meeting 89-' Page four regarding construction of the access road. C. Britton reviewed the background of the legal action between Dr. Rang Ming Ho and the Town of Los Gatos . He said that the main issue involved using the previously approved Alma Bridge alignment through St. Joseph's Hill Open Space Preserve versus the Limekiln alignment required by the town and favored by the District. He said that the District had suggested a compromise alignment, but settlement discussions had failed and the court had ruled in favor of Dr. Ho. C. Britton said that the town has appealed the decision and, as part of the appeal process, there is a stay on any road construction. He said that Dr. Ho has petitioned the court to allow construction of the road over the Alma Bridge alignment during the appeal process, claiming considerable financial losses if he is not allowed to do so, and has promised to restore the area to its original condition if he loses on appeal and must construct the road along the court approved alignment. C. Britton said that he felt it was germane for the Board to consider a resolution on the matter since the District was facing the possibility of two roads on its property. He noted that 110 , 000 cubic yards of material as well as a number of mature trees would be removed from the site for construction, and that it was staff ' s position that the area could not be restored to its pre-existing condition if the alignment had to be abandoned. Thomas Jordan, Dr. Ho's attorney, said that there would be only one road, over which his client holds an easement, and that the District ' s estimate of 100, 000 cubic yards of material was actually closer to 50, 000 or 60, 000 cubic yards. He said that the delay costs to Dr. Ho were approximately $1.8 million and noted that, if the town wins the appeal, the road would be removed. He said that his client was willing to pay mitigation damages to the extent that the area could not be restored to its original condition. Douglas Lincoln, 100 Olde Drive, Los Gatos, said that the court had denied the town' s request for a supplemental Environmental Impact Report, and that a pristine serpentine environment would be destroyed by a road through the preserve. Discussion centered on item three of the resolution concerning the amount of material to be removed or stockpiled on the preserve. E. Shelley said he felt that the Board was maintaining its neutral position, but was pointing out, by adopting the resolution, the potential irreparable harm to District land should it ultimately be determined that the road be removed. R. Bishop said he felt that the Board has a duty to the public to listen to both sides, adding that he could not support the resolution, as Meeting 89-31 Page five Dr. Ho has already won his case in court and holds an easement on the property. After discussion, the wording of item three was changed to read: "The road will require excavation of approximately 110, 000 cubic yards of material of which 40, 000 cubic yards will be disposed of off-site. " C. Britton suggested that the last two sentences of the final paragraph of the resolution be changed to read: "When the land is restored, exact replacement for the disposed 40, 000 cubic yards of soil will , as a practical matter, be impossible to obtain, thus creating a different vegetative environment within the middle of the preserve . " B. Crowder said that she agreed with E. Shelley that the Board should not take sides, but should state its concern regarding potential damage that would be done to District land. R. McKibbin said that he would support the resolution, as he felt restoration of the area to its original condition was impossible. Motion: E. Shelley moved that the Board adopt Resolution 89-55, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Endorsing and Advocating the Preservation of the St. Joseph's Hill Open Space Preserve, as modified at the meeting. R. McKibbin seconded the motion. The motion passed 6 to 0 on the following vote: Ayes: R. McKibbin, T. Henshaw, K. Duffy, N. Hanko, E. Shelley, and B. Crowder. No: R. Bishop. Due to the lateness of the hour, H. Grench recommended that the Board next consider the fifth item on the agenda. Motion: E. Shelley moved that the Board consider item #5. R. Bishop seconded the motion. The motion passed 7 to 0. B. Property Tax Allocation Agreement with Redwood City Redevelopment Agency (Report R-89-160 of November 28 , 1989) H. Grench reported that negotiations with the Redwood City Redevelopment Agency to obtain a larger share of the property tax for the District had been successful . He reviewed the fiscal effect on the District, noting that the District would benefit financially and recommended that the Board enter into the agreement and rescind the previous resolution. R. Bishop complimented H. Grench on the successful negotiations . Meeting 89-31 Page six Motion: K. Duffy moved that the Board adopt Resolution 89-56 Approving Agreement with the Redevelopment Agency of the City of Redwood City Covering Tax Increment from Amendment No. 2 of Redwood City Redevelopment Project No. 2 and Authorizing Execution Thereon. R. Bishop seconded the motion. The motion passed 7 to 0. C. Scheduling of December 7 Special Meeting (Report R-89- 162 of November 29, 1989) H. Grench reviewed possible agenda topics to be discussed at the meeting, including density credit analysis relating to open space lands and camping needs in San Mateo County. T. Henshaw said that she would be unable to attend the meeting. E. Shelley said that he might be unable to attend. Motion: K. Duffy moved that the Board schedule a Special Meeting for Thursday, December 7 , 1989 at 2:30 p.m. at the San Mateo County Office Building for the purpose of holding a joint meeting with the San Mateo County Planning and Parks and Recreation Commissions to discuss items of mutual interest. R. Bishop seconded the motion. The motion passed 7 to 0. D. Scheduling of December Board Meetings (Report R-89-157 of November 27 , 1989) Motion: K. Duffy moved that the Board reschedule the December 13, 1989 regular meeting to Wednesday, December 20, 1989 beginning at 7 :30 p.m. at the District office. R. Bishop seconded the motion. The motion passed 7 to 0. Motion: K. Duffy moved that the Board authorize the Vice-President to cancel the December 27 , 1989 regular meeting in the event it is not necessary to hold the meeting. R. Bishop seconded the motion. The motion passed 7 to 0. E. Support for the California Wildlife Protection Act of 1990 (Report R-89-158 of November 28, 1989) Motion: K. Duffy moved that the Board adopt Resolution 89-57 of the Board of Directors of the Midpeninsula Regional Open Space District Meeting 89-31 Page seven Supporting the California Wildlife Protection Act of 1990. R. McKibbin seconded the motion. The motion passed 7 to 0. F. Annual Review of the Relative Site Emphasis Plan and Schedule for Review of Use and Management Plans (Report R-89-161 of November 29, 1989) D. Hansen noted that the Annual Review of the Relative Site Emphasis Plan has a direct bearing on the Action Plan and the budget formulation process . D. Woods reviewed and summarized the charts attached to the report. He noted that the Limekiln and Kennedy Road Areas of Sierra Azul Open Space Preserve have been combined, and the Cathedral Oaks Area added to the preserve. He reviewed some projects for the coming fiscal year, including elements of the Skyline Ridge Open Space Preserve development project and projects at Rancho San Antonio Open Space Preserve. He said that trail construction at Windy Hill Open Space Preserve could begin after a conditional use permit application is considered by the Town of Portola Valley. N. Hanko requested that next year ' s report include marginal progress notes . Motion: R. Bishop moved that the Board tentatively adopt the Relative Site Emphasis Plan and Use and Management Plan Target Review Schedule as contained in the staff report. B. Crowder seconded the motion. Discussion: R. Bishop suggested that in future staff be cautious about advancing new trail projects ahead of others already scheduled. R. McKibbin said that he thought staff needs the option to be flexible. The motion passed 7 to 0. G. Final Adoption of the Revised Comprehensive Use and Management Plan for Monte Bello Open Space Preserve (Report R-89-159 dated December 5, 1989) D. Woods reviewed the new signing program and showed sample signs. Motion: N. Hanko moved that the Board adopt the revised Comprehensive Use and Management Plan for the Monte Bello Open Space Preserve as contained in report R-89-135 and amended in reports R-89-147 and R-89-159. R. Bishop seconded the motion. The motion passed 7 to 0. Meeting 89-31 Page eight H. Preliminary Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for Fiscal year 1990-1991 (Report R-89-163 of November 29, 1989) Motion: T. Henshaw moved that consideration of the Action Plan be deferred to the meeting of December 20. R. Bishop seconded the motion. The motion passed 7 to 0. VI. INFORMATIONAL REPORTS N. Hanko reported that she had attended the 50th Anniversary of the East Palo Alto Sanitary District. H. Grench stated that parking places at the Government Center had been reserved for Board members for the December 7 meeting with San Mateo County Planning and Parks and Recreation Commissions . H. Grench reported on the Woodside Town Council meeting that he, B.Crowder, and C. Britton had attended at which General Plan amendments and hillside areas rezoning in Woodside were discussed. VII. CLAIMS Motion: E. Shelley moved that the Board approve the Revised Claims 89-23. T. Henshaw seconded the motion. The motion passed 7 to 0. VIII.CLOSED SESSION H. Grench announced that there were no personnel or litigation matters to be discussed. The Board adjourned to Closed Session on land negotiation matters at 10:38 P.M. IX. ADJOURNMENT The Board reconvened to adjourn the meeting at 11:00 P.M. Joan Combs Secretary CORRECTION TO THE MINUTES OF DECEMBER 5, 1989 II . APPROVAL OF MINUTES December 5, 1989 B. Crowder noted that the fourth sentence of the second paragraph in item F on page seven should be corrected to read "He said that trail construction at Windy Hill Open Space Preserve could begin after a conditional use permit application is approved by the Town of Portola Valley. " Motion: E. Shelley moved that the Board approve the minutes of December 5, 1989 as corrected. R. McKibbin seconded the motion. The motion passed 7 to 0 .