HomeMy Public PortalAbout19891205 - Minutes - Board of Directors (BOD) Meeting 89-31
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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
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 .