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HomeMy Public PortalAbout19930623 - Minutes - Board of Directors (BOD) Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 93-12 REGULAR MEETING BOARD OF DIRECTORS June 23, 1993 MINUTES I ROLL O CALL Vice-President Ginny Babbitt called the meeting to order at 7:30 P.M. li Members Present: Ginny Babbitt, Wim de Wit, Nonette Hanko, Teena Henshaw, Robert McKibbin, and Pete Siemens. Member Absent: Betsy Crowder. Personnel Present: Craig Britton, Jean Fiddes, Randy Anderson, John Escobar, Malcolm Smith, Del Woods, Stanley Norton, and Deborah Zucker. II. ORAL COMMUNICATIONS There were no oral communications. IIL SPECIAL ORDER OF THE DAY Motion: N. Hanko moved that the Board adopt Resolution 93-20, a Resolution of Appreciation of the Board of Directors Honoring David A. Christy, upon his retirement. P. Siemens seconded the motion. The motion passed 6 to 0. IV. ADOPTION OF AGENDA G. Babbitt stated that the agenda was adopted by Board consensus. V. ADOPTION OF CONSENT CALENDAR The following requests were made to remove items from the consent calendar: N. Hanko - Approval of License Agreement for Native Plant Landscaping and Irrigation System on Monte Bello Open Space Preserve; G. Babbitt - Approval of Revised Claims. Motion: N. Hanko moved that the Board adopt the consent calendar, as revised, including the responses to the written communications from Brent N. Ventura, 405 Alberto Way, Suite 2, Los Gatos, and Harry H. Hauessler, Jr. 1094 Highland Circle, Los Altos; accept the written communication from Peter Fournier, 3241 Greentree Way, San Jose, relating to the Revisions to Land Use Open Space . . . for room to breathe 20th Anniversary 1972-1992 330 Distel Circle •- Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485 General,4lenagec Herbert Greneh Board of Directors:Pete siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Winn de Wit Meeting 93-12 Page 2 Regulations ations it em on the agenda; the minutes of May 12, 1993 and May 26, 1993; and Resolution 93-21 a Re solution n o Approvin g the Application for Grant t Funds, The National Recreational Trails Fund Act - Fiscal Year 1993-1994. R. McKibbin seconded the motion. The motion passed 6 to 0. VI. BOARD BUSINESS A. Introduction to Revisions to Land Use Regulations (Ordinance 83 1) (Report R 93 j J. Escobar stated that the primary purpose of the review and revision of the land use regulations was to implement the Board-adopted Trail Use Policies and Guidelines and that a secondary purpose was to update, clarify, and improve the existing land use regulations. He outlined the review process used and said that the land use regulations ordinance and bail schedule recommendation to the court would be presented for adoption at the Board's July 28 meeting. He said that the ordinance j would become effective 30 days after its adoption and that publishing the ordinance in a local newspaper was required by law. J. Escobar highlighted the proposed regulation changes, including the proposed 15 miles per hour speed limit. He said that a numeric speed limit would be specific, would improve the District's ability to enforce speed regulations, and would educate the public about their speed on District lands. He emphasized the need for an enforceable speed law because excessive speed was one of the primary causes of accidents on District lands. J. Escobar stated that the ordinance requiring helmets, except in the area between Rancho San Antonio County Park and Rancho San Antonio Open Space Preserve, was supported by participants in the workshop. He stated that the trail use ordinance referring to walk-only zones was intended to apply to cyclists and not to runners and equestrians, and that the ordinance was rewritten under Section 400 to apply to cyclists. Christian Johnson, Responsible Open Space Mountain Peddlers (R.O.M.P.), 4100 The Woods Dr. Apt 1021, San Jose; Mike Weston, 1323 Bess Court, San Jose; Bill Lithgow, R.O.M.P., 129 Stratford Street, Redwood City; Bob Kain, R.O.M.P., 1411 San Tomas Aquino Road, San Jose; and Lori Fena, R.O.M.P., San Jose; Ray Alley, 3298 Kimber Ct. #145, San Jose, spoke in opposition to the speed limit regulations and made various recommendations to the Board, especially the adoption and testing of a basic speed law, instead of a 15 mph speed limit. Other comments Meeting 93-12 Page 3 included support for the requirement of helmet use by all cyclists on all District lands, the use of trail education stations to educate and poll trail users concerning trail use regulations, the comparison of the proposed District speed limit regulation with no speed regulations in Bureau of Land Management-managed wilderness areas, the use of bells on bicycles, a recommendation to prohibit the use of headphones on trails, trail repair assignments in lieu of fines for violations of basic speed regulations, the application of walk-only zones to runners as well as cyclists, and alienation of bicyclists by adopting a speed limit regulations. The Board questioned staff concerning the revisions and recommendations from the public. In response, J. Escobar stated that no accidents had been reported that involved the use of headphones and that no citations had ever been issued for violations of basic speed. He said that radar would eventually be used as a tool to enforce the 15 mph speed limit, that the goal of establishing a speed limit was to make clear what was expected on District trails, to the public and to the courts, and that there was no determination that trail damage related specifically to speed. T. Henshaw stated that she supported the adoption of a 15 mph speed limit for the safety of all trail users. She said that helmets should be strongly recommended, if not required, for all cyclists in Rancho San Antonio Open Space Preserve. P. Siemens recommended a regulation requiring that the person overtaking another trail user from behind yield to the person in front. J. Escobar stated that it would be more appropriately stated as trail use etiquette, and not as a bailable offense to be included in the ordinance. N. Hanko said that she strongly supported the helmet requirement, including the requirement that helmets be worn at Rancho San Antonio Open Space Preserve, and that if the District required helmets there, staff should work with Santa Clara County to establish a similar requirement in the county park as well. She asked if the number of accidents would be reduced by adopting a 15 mph speed limit and if public education would precede issuance of citations. J. Escobar said that less than 10% of accidents involved trail conflicts, that about 40 accidents per year involving severe injuries and requiring rescue operations were incurred by speeding cyclists, and that the regulation would be phased in with appropriate education, signs, and warnings before citations would be issued. C. Britton stated that, with Board approval, staff would work with Director Siemens to determine the appropriateness of including passing or overtaking in the trails etiquette brochure, and with Santa Clara County concerning a helmet requirement throughout Rancho San Antonio County Park and Open Space Preserve. Meeting 93-12 Page 4 D. Woods stated that in his experience working with the Trail Use Committee, the issues of congestion, speed, and safety were repeatedly raised. He also stated that the issues for urban open space are very different than they were for wilderness areas managed by the National Park Service or by the Bureau of Land Management. P. Siemens asked if Board members were considered employees in Section 200.3 of the ordinance, or if the Board should be exempted separately and in addition to employees. R. McKibbin asked that grass skating be specifically prohibited by regulation. N. Hanko asked why the regulation prohibiting indecent exposure was eliminated. J. Escobar responded that the regulation referring to indecent exposure was included in the Penal Code. N. Hanko asked how patrol volunteers would be affected by Section 407.4. J. Escobar said that volunteers would not be responsible for enforcement of any District regulations. S. Norton asked the Board for confirmation that the additional revisions requested by the Board included specifically prohibiting grass skating and exempting the Board from the regulations. The Board agreed on the additional revisions. B. Options for Proceeding withthe Sale of Surplus Prolperty, Teague Hill Open Space Preserve (Report R-93-69) C. Britton reviewed staff findings on how to proceed with the sale of the surplus property. He stated that he and R. Anderson met with the Town of Woodside planning director to establish a reliable development density for building on the Surplus parcels at Pinto Drive and Summit Springs Road. His recommendation to make the property more desirable for purchase from the District was to first establish its development density. He said that a subsequent action by the District would be to obtain a tentative map for development of the parcels but that he did not recommend that the District undertake the task at this time. C. Britton stated that he and R. Anderson would propose that the District attempt to auction the property once again instead of agreeing to list the property for sale with a real estate broker. He said that the marketing technique was not the reason for the failure to sell the property at the first auction in April, and that improved real estate market conditions and an assurance to prospective bidders of the development density would increase the probability of a sale at auction. He also recommended that a $50,000 deposit be made fully or near-fully refundable. Meeting 93-12 Page 5 P. Siemens recommended that the District consider the possibility of working with a developer to subdivide the parcels and obtain a tentative map and that a cooperative agreement could be made that would not require that the District pay the developer for participation in obtaining the tentative map until the property was sold. R. Anderson stated that joint ventures between developers and public agencies were not unusual but that they were often complex and risky. Motion: R. McKibbin moved that the Board accept the report and authorize the Acting General Manager to work with the Town of Woodside to establish a density of six lots, while preserving the maximum amount of public open space, to be followed by a new offering of the property at public auction. T. Henshaw seconded the motion. The motion passed 6 to 0. C. Formulation, Review. and Adoption Process for Resource Management Policies (Report R-93-67) R. Anderson reviewed the background for the development of a carefully structured process for formulating and adopting resource management policies. Motion: R. McKibbin moved that the Board direct staff to proceed with the process outlined in the staff report. T. Henshaw seconded the motion. The motion passed 6 to 0. Motion: R. McKibbin moved that the Board designate a Board committee within three weeks to hold the public workshops. T. Henshaw seconded the motion. The motion passed 6 to 0. D. Proposed Addition of Peninsula Open Space Trust Property to Rancho San Antonio Open Space Preserve (Report R-93-65) N. Hanko remarked that she enthusiastically supported the purchase of the 4.11-acre parcel situated above the Rogue Valley Trail as an addition to Rancho San Antonio Open Space Preserve. Motion: T. Henshaw moved that the Board adopt Resolution 93-22, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing Acting General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Meeting 93-12 Page 6 Transaction (Rancho San Antonio Open Space Preserve - Lands of Peninsula Open Space Trust); that the Board tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the Peninsula Open Space Trust property as an addition to Rancho San Antonio Open Space Preserve, and indicate its intention to dedicate the property as public open space. P. Siemens seconded the motion. The motion passed 6 to 0. E. —Approval of License Agreement m ent for Na tive Plant t Land scaping ing an d Irrigation System on Monte Bello Open Space Preserve (Report R-93- 6 6 ) N. Hanko stated that the improvements included in the agreement would benefit the District by beautifying the environment at Monte Bello Open Space Preserve as well as benefitting Mr. & Mrs. Calvin. Motion: N. Hanko moved that the Board authorize the Acting General Manager to execute the License Agreement for Noel and Karen Calvin to install and maintain an irrigation system, and plant and maintain native species of trees and shrubs for the purpose of visually screening the City of Palo Alto water tank located on Monte Bello Road. R. McKibbin seconded the motion. The motion passed 6 to 0. VII. INFORMATIONAL REPORTS R. Anderson reported on the meeting concerning the San Francisco watershed held on June 14. He said that a group wanting to preserve San Francisco watershed lands raised concerns about the effect of the ridge trail on the watershed lands. P. Siemens said that he and C. Britton met with Congressman Norman Mineta, who expressed his support of the cleanup at Mt. Umunhum by the Army Corps of Engineers and the purchase of the Phleger property and its addition to the Golden Gate National Recreation Area. C. Britton stated that the House Appropriations Committee had approved approximately $5.25 million to fund the purchase of the Phleger property this year, and has recommended funding the remainder of the project next fiscal year. T. Henshaw reported that she M. Smith n P , and J. Fiddes attended the dedication of the City of Sunnyvale's Baylands Park. C. Brit ton stated that he would update individual Board members n P o the current State Meeting 93-12 Page 7 budget information. He reported that San Mateo County was interested in giving the District and the Golden Gate National Recreation Area a restrictive easement at Edgewood Park that would preclude golf course use. He said that an amendment to the joint powers agreement would be presented to the Board after the San Mateo County Board of Supervisors had considered the matter. M. Smith reported on his attendance with J. Fiddes, T. Henshaw, W. deWit, and P. Siemens at a funding workshop held by Trust for Public Land. He said that KBAY radio had broadcast a free speech message delivered by T. Henshaw urging listeners to call state legislators about the District's funding as it related to the state budget. R. Anderson said that a meeting was scheduled for Tuesday, July 7 at 7:30 p.m. with the Golden Gate National Recreation Area at the San Mateo City Council Chambers. He said the meeting was concerning the widening of Highway 92. W. deWit said that he would attend the meeting. J. Escobar informed the Board that the Fremont Older House tours would be on Sunday, June 27. J. Escobar's summary of incidents included three solo bicycle accidents, two hiker injury accidents, and an auto burglary. VIII. REVISED CLAIMS G. Babbitt requested information about claim number 4347 to Merwin Mace. J. Fiddes stated that he is known to the Board and staff as "Bucky" Mace. Motion: R. McKibbin moved that the Board approve Revised Claims 93-10. N. Hanko seconded the motion. The motion passed 6 to 0. IX. CLOSED SESSION C. Britton announced that there were no matters to be discussed in closed session. X. ADJOURNMENT The meeting was adjourned at 9:44 P.M. Deborah Zucker Recording Secretary