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HomeMy Public PortalAbout19901024 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 90-25 REGULAR MEETING BOARD OF DIRECTORTOR,,,,October 24 , 1990 MINUTES ROLL CALL President Nonette Hanko called the meeting to order at 7 : 31 P .M. Members Present : Katherine Duffy, Robert McKibbin, Nonette Hanko, Betsy Crowder , and Richard Bishop. Member Absent : Teena Henshaw. Personnel Present : Herbert Grench, Craig Britton , David Hansen, Jean Fiddes , Del Woods , John Escobar , Mary Gundert , and Deborah Morvay-Zucker . APPROVAL OF MINUTES September2�6 , 1990 Notion : B . Crowder moved that the Board approve the minutes of September 26 as Presented. R. McKibbin seconded the motion . The motion passed 5 to 0 . October 10 , 1990 B . Crowder stated that on page three , item C the spelling of Purissima Road should be corrected , Motion : B . Crowder moved that the Board approve the minutes of October 10 as corrected . R. McKibbin seconded the motion . The motion passed 5 to 0 . WRITTEN COMMUNICATIONS N. Hanko instructed staff to prepare a response to a letter from Leon Pauser addressed to N . Hanko and Sheriff Gillingham regarding Mt . Umunhum. There were no other written communications . IV. ORAL COMMUNICATIONS There were no oral communications . V. ADOPTION OF AGENDA N . Hanko stated that the agenda was adopted by Board consensus . Vi . BOARD BUSINESS A. Recommendations on Trail Use Policies (Report R-90-121 dated October 4 , 1990) 2a1 San Antonio Circle, Suite C135 -Mountain View, California 94040 - Phone: (415) 949-5500 - FAX: (415) 949-5679 General Mariam:Herbert Grench Board of Directors-Richard Bishop,Betsy Crowder,Katherine Duffy;Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley Meeting 90-25 Page 2 R. `IcKibbin recognized ex-Director Shelley for his work as chair of the subcommittee , and thanked the public participants and the staff who worked on the draft trail use policy and the report to the Board . The Board then reviewed each item ofthe Trail Use Policy Subcommittee ' s recommendations as follows : Preamble . The Board discussed the inclusion of other potential , acceptable means of use of trails in the second paragraph of the preamble in order to preclude potentially unacceptable means . R . Bishop stated that he was satisfied with the preamble-, as it was written . The Board also noted that there should be a statement in the policies prohibiting the use of motorized vehicles , other than motorized wheelchairs , on District lands . Dan Wendin, 334 State - #106 , Los Altos , commented that the Preamble needed a working definition of the word "conflicts" and that in the rewriting the Board be consistent in its use of the plural word "policies . " He recommended that the second sentence of the third paragraph read "Conflicts result in negative environmental impacts , unpleasant user experiences , or unsafe situations , " stating that this would provide a definition of the word "conflicts . " The Board accepted the deletion of the words "such" and "even" as recommended by D. Wendin in this sentence. There was Board consensus 'hat the second paragraph should include a prohibition of motorized vehicles with the exception of motor-assisted wheelchairs taking into consideration the possible use of other motor-assisted aids for the handicapped and elderly. Staff was directed to propose wording for this item. Garnetta Annable , representing Almaden Cycle Touring Club, submitted a letter to the Board and suggested that the first sentence of the third paragraph read "The combination of trail conditions , level of use, and the mix of uses can lead to conflicts . " Ken Wells , representing Responsible organized Mountain Peddlers , agreed with the need for the inclusion of the word "can" in this statement . Motion: K. Duffy moved that the Board modify the first sentence of the third paragraph to read "The combination of trail conditions , level of use, and the mix of uses may lead to conflicts . " R. McKibbin seconded the motion. The motion passed on the following vote : Ayes : K. Duffy, R. McKibbin, and N. Hanko. Noes : R. Bishop and B. Crowder. 1 . 0 This section was accepted without comment . Meeting 90-25 Page 3 1 . 1 This section was accepted without comment . 1 . 2 B . Crowder stated that she favored the use of both undisturbed and tranquil in this policy. R. Bishop spoke in agreement . Motion: R. McKibbin moved that the Board drop the word "undisturbed" from Section 1 . 2 and insert the word "tranquil . " K. Duffv seconded the motion . The motion passed 5 to 0 . 2 . 0 Following discussion, this section was accepted. 2 . 1 This section was accepted without comment . 2 . 2 N. Hanko stated that it was the recommendation of District legal counsel to remove the word "all" from this sentence . R . Bishop supported the change . The modification was accepted by Board consensus . 2 . 3 This section was accepted without comment . 2 . 4 R . McKibbin reviewed the significant differences between 2 . 4a and 2 . 4b. H. Grench stated that staff recommended 2 . 4a because most trail users are hikers , and that all trails should be open to the largest portion of users . 1; . Duffy spoke in favor of having parallel trails and in favor of 2 . 4b, commenting that 2 . 4a is unnecessarily restrictive. D. Wendin suggested combining 2 . 4a and 2 . 5a to read as follows : "When consistent with this policy, if a non-hiking use adversely impacts user safety this use may be restricted or redirected . " Motion: R . Bishop moved that the Board approve 2 . 4a using the word "hiking . " R. McKibbin seconded the motion. The motion passed on the following vote : Ayes : R. Bishop, B . Crowder , N . Hanko, and R . McKibbin. No: K. Duffy. At R. McKibbin ' s request , D. Wendin repeated his recommended wording: "When consistent with this policy, if a non-hiking use adversely impacts user safety the use may be restricted or redirected. " Motion: R. INIcKibbin moved that the Board approve the wording recommended by D. Wendin . B. Crowder seconded the motion. Discussion followed . The motion passed 5 to Meeting 90-25 Page 4 0 . Motion: R. Bishop moved that the Board approve the combination of 2 . 4a and 2 . 5a as modified. R. McKibbin seconded the motion. The motion passed 5 to 0 . 3 . 0 N. Hanko referred to a letter from E. Shelley to explain his use of the words "qualitative and quantitative" in this policy. She recommended the exclusion of these terms in this section . Extensive discussion by the Board and members of the public audience followed . Members of the audience who addressed the Board in this matter included D. Wendin, G. Annabel , K. Wells , and Lewis Reed. Motion: R. McKibbin moved that the Board accept policy 3 . 0 . as written. R. Bishop seconded the motion. Motion to Amend: N. Hanko moved to amend the policy to include the first sentence and strike the second sentence to read: "The Board of Directors will adopt trail use guidelines as an aid to the implementation of these policies . " K. Duffy seconded the motion to amend . The motion to amend failed on the following vote : Ayes : K. Duffy and N. Hanko. Noes : R . Bishop, B . Crowder, and R . McKibbin. Motion to Amend : K. Duffy moved that the Board instruct staff to substitute other words for "qualitative and quantitative . " N. Hanko seconded the motion. Discussion followed to attempt to clarify the use of these terms . The motion to amend failed on the following vote : Ayes : N . Duffy and N. Hanko. Noes : R. Bishop, B. Crowder and R. McKibbin. Motion to Amend: K. Duffy moved that the Board include definitions of qualitative and quantitative in the statement . N. Hanko seconded the motion. The motion failed on the following vote: Aves : K. Duffy and N. Hanko Noes : R. Bishop, B. Crowder and R. McKibbin. 1 Meeting 90-25 Page 5 Discussion followed and D. Wendin recommended a restatement of policy 3 . 0 . to read: "The Board of Directors will adopt qualitative and quantitative trail use guidelines to aid the Board and staff in determining trail use designations . " R. McKibbin recommended the following statement : "Trail use guidelines will establish a qualitative and quantitative approach to aid in the determination of trail use designations in implementations of these policies . " Motion to Amend : N. Hanko moved that the Board amend policy 3 . 0 as recommended by D. Wendin to read: "The Board of Directors will adopt qualitative and quantitative trail use guidelines to aid the Board and staff in determining trail use designations in the implementation of these policies . " R. Bishop seconded the motion. The motion to amend passed on the following vote: A�,,es : K. Duffy, N. Hanko, R . Bishop, and B . Crowder . No: R . McKibbin . 4 . 0 Mo tion: R. Bishop moved that the Board approve policy 4 . 0 . R. McKibbin seconded the motion. The motion passed 5 to 0 . 4 . 1 Discussion clarified that this policy would allow the Board of Directors or the General Manager to make an interim decision in extreme cases and that in cases that do not constitute an emergencies , the normal process of amending the Use and Management Plan would be observed. The Board accepted 4 . 1 as written . 5 . 0 Motion : B . Crowder moved that the Board approve policy 5 . 0 . R. McKibbin seconded the motion . Discussion : D. Wendin recommended that the policy read as follows : "The District will endeavor to provide trail access for a variety of physical capabilities and user needs (including persons with physical limitations) in a manner consistent with resource protection goals , budgetary constraints and state and federal regulations . " B . Crowder amended her motion to substitute the wording Meeting 90-25 Page 6 recommended by D. Wendin. R . McKibbin , as seconder , accepted the change. The motion passed 5 to 0 . 6 . 0 Motion : R. McKibbin moved that the Board accept policy 6 . 0 . R. Bishop seconded the motion. The motion passed 5 to 0 . 6 . 1 Motion : B . Crowder moved that the Board accept policy 6 . 1 . R. .McKibbin seconded the motion . The motion passed 5 to 0 . 6 . 2 Motion: R . McKibbin moved that the Board accept policy 6 . 2 . B. Crowder seconded the motion. The motion passed 5 to 0 . 6 . 3 Motion: R. McKibbin moved that the Board accept policy 6 . 3 . B . Crowder seconded the motion . Discussion: D . Wendin proposed a revision of policy 6 . 3 that would read : "Include implementation costs in determining the feasibility of trail use designations and regulations . " R . McKibbin amended his motion to substitute the wording recommended by D. Wendiii . B. Crowder, as seconder , accepted the change. The motion passed 5 to 0 . 7 . 0 D. Wendin recommended that the second sentence be revised to read: "The District recognizes that connections should be compatible with other jurisdiction designations and land owner objectives as well as these policies and trail use guidelines . " Motion: R. Bishop moved that the Board accept the recommendation of D. Wendin . B . Crowder seconded the, motion . The motion passed 5 to 0 . 8 . 0 Motion: R. Bishop moved that the Board accept policy 8 . 0 as written . B. Crowder seconded the motion. D. Wendin noted that "and to" should be deleted so the sentence would read "Hence , these policies will be subject to review and revision as deemed necessary by the Board of Directors following adopted Public Notifications Procedures . " The motion, with the correction, passed 5 to 0. Motion: K. Duffy moved that the Board preliminarily adopt the Meeting 90-25 Page 7 Trail Use Policies as amended with instructions to staff to rewrite the preamble as discussed earlier in the meeting. R . McKibbin seconded the motion. The motion passed 5 to 0 . Motion : R. Bishop moved that the Board charge the committee with continuing to review the guidelines and return to the Board at a future date with recommendations for their adoption . B . Crowder seconded the motion. The motion passed 5 to 0 . N. Hanko stated that the second reading of the Trail Use Policies will be on the agenda of the next regular meeting of the Board of Directors on November 14 , 1990 . Members of the public audience requested that copies of the proposed policies be mailed to them in advance of the November 14 meeting . B . Appointment of a Replacement Trails Committee Member and Alternate (Report R-90-127 dated October 18 , 1990) Motion : N. Hanko moved that the Board approve the appointment of B . Crowder to replace E. Shelley as Trails Committee member and R. Bishop as alternate member . K. Duffy seconded the motion . The motion passed 5 to 0 . C . Proposed Addition of Goldsmith Property to Mt . Umunhum Area of Sierra Azul Open Space Preserve (Report R-90-119 dated October 15_, 1990) D. Hansen showed slides of the 163-acre property proposed for acquisition for $195 , 000 , payable in cash at the close of escrow. He noted that revegetation of the bulldozed areas could be accomplished quickly. He said that the vehicles and other debris on the property will be removed by the owners . Motion : R. McKibbin moved that the Board adopt Resolution 90- 50 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of 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 (Mt . Umunhum Area of Sierra Azul Open Space Preserve - Lands of Goldsmith) . R. Bishop seconded the motion. The motion passed 5 to 0 . Motion: R. McKibbin moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations , including naming the property as an addition to Mt . Meeting 90-25 Page 8 Umunhum Area of Sierra Azul Open Space Preserve and indicate its intention to withhold the property from dedication as public open space at this time . R . Bishop seconded the motion . The motion passed 5 to 0 . D. Support for Proposition 149 , the California Park, Recreation and Wildlife Enhancement Act of 1990 (report R-90-124 dated October 17 , 1990) H. Grench stated that this proposition is on the November ballot as a result of Assembly Bill 145 . Motion: R. Bishop moved that the Board adopt Resolution 90-51 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Proposition 149 , the California Park, Recreation, and Wildlife Enhancement Act of 1990 . R . ,,IcKibbin seconded the motion. The motion passed 5 to 0 . E. Support for Proposition 128 , the Environmental Protection Act of 1990 (report R-90-125 dated October 17 , 1990) R. Bishop spoke in support of this proposition, noting the Sierra Club and the Planning and Conservation League of Sacramento had endorsed it . He also stated that it would. be an important step for California to take to lead other states in adopting stronger environmental protection legislation . Motion: R. Bishop moved that the Board adopt Resolution 90-52 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Proposition 128 (Big Green) , the Environmental Protection Act of 1990 . R . McKibbin seconded the motion. The motion passed 4 to 0 with N. Hanko abstaining from the vote . F. Support for Proposition 130 , the Forest and wildlife Protection and Bond Act of 1990 , and Opposition to Proposition 138 (report R-90-126 dated October 17 , 1990) R. Bishop and N. Hanko spoke in support of this proposition. Motion: R . Bishop moved that the Board adopt Resolution 90-53 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District in Support of Proposition- 130 , the Forest and Wildlife Protection and Bond act of 1990 , and in Opposition to Proposition 138 , the Global Warming and Clearcutting Reduction, Wildlife Protection, and Reforestation Act of 1990 . R. McKibbin seconded the motion. The motion passed 5 to 0 . G. Special Districts Forum in 1991 (report R-90-123 dated October Meeting 90-25 Page 9 17 , 1990) Motion : K. Duffy moved that the Board extend an invitation to the 1991 Special Districts Forum participants to a program at the MidpeninSUla Regional Open Space District in conjunction with the forum . N . Hanko seconded the motion . The motion passed 5 to 0 . H. Final Adoption of the Preliminary Use and Management Plan for the Cothran et -Al .--Propertv Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve (report R-90-115 dated October 10 , 1990) Final Adoption of the Preliminary Use and Management Plan for the Harmon Property Addition to La Honda Creek Open Space Preserve (report R-90-116 dated October 10 , 1990) Final Adoption of the Preliminary Use and Management Plan for the Peninsula Open Space Trust Property Addition to Purisima Creek- Redwoods Open Space Preserve (report R-90-117 dated October. 10 , 1990) Motion : K. Duffy moved that the Board approve the final adoption of the Preliminary Use and Management Plans for the Cothran et al . Property Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve , the Harmon Property Addition to La Honda Creek Open Space Preserve , and the Peninsula Open Space Trust Addition to Puri-sima Creek Redwoods Open Space Preserve . R. McKibbin seconded the motion . The motion passed 5 to 0 . I . Establishment of Separate Payroll Checking Account (report R-90- 54 dated October 16 , 1.990) Motion : K. Duffy moved that the Board adopt Resolution 90-54 , a Resolution of the Board of Directors of the ",Iidpeninsula Regional open Space District Amending Rules of Procedure. R. McKibbin seconded the motion. The motion passed 5 to 0 . Motion : K. Duffy moved that the Board adopt Resolution 90-55 , a Resolution of the Board of Directors of the Midpeninsula Regional open Space District Authorizing Signing of Payroll Checks for Payroll Checking Account (First Interstate Bank - Los Altos) . R. McKibbin seconded the motion. The motion passed on the following vote: Aves : K. Duffy, R . McKibbin , R. Bishop, and N. Hanko. Meeting 90-25 Page 10 No: B. Crowder. B . Crowder stated that J. Fiddes should not have to sign all checks . VII . INFORMATIONAL REPORTS N. Hanko reported that a San Jose Mercury News article indicated that open space issues are on eight ballots in the state in November, including Sonoma County. B . Crowder reported on the South Skyline Chili Cook-off and the Kings Mountain history lecture by Ken Fisher . H . Grench reported that he , Larry Orman of Greenbelt Alliance , and Neil Havlik from Sonoma County comprised a panel for a discussion at the League of California Cities Conference in Anaheim . He said that the discussion was well attended . He also reported that the District continues to receive letters and phone calls with very positive comments about the 1990 International Open Space Conference . He noted that there will be a post-conference advisory committee meeting and celebration in San Francisco, November 13 , 1 to 4 p.m. D. Hansen reported that the the Santa Clara County Parks and Recreation Commission would be meeting November, 14 at the Saratoga Library to discuss concerns about actions taken by the Board of Supervisors of Santa Clara County with respect to trail dedication policies . The meeting was scheduled from 4 : 30 to 8 : 30 p.m. and it was expected that the hearing would take place about 5 : 00 p.m . He reported that Dr. Dennis Constantine would examine the resident bats at the Panaghetti property buildings to determine if these were endangered species . He stated that there is concern for the destruction of bat habitats and that bats are important for the control of insects . J. Escobar reported two separate injury accidents involving joggers . VIII . CLAIMS Motion: R . Bishop moved that the Board approve Revised Claims 90-19 dated October 24 , 1990 . K. Duffv seconded the motion. The motion passed 5 to 0 . IX. CLOSED SESSION C . Britton announced that litigation matters to be discussed in Closed Session fell under Government Code Sections 54956 . 9 (b) (1) . The Board recessed to Closed Session on litigation and land acquisition matters at 11 : 00 P .M. X. ADJOURNMENT The meeting was adjourned at 11 : 35 P.M. Deborah Morvay-Zucker Secretary