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