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HomeMy Public PortalAbout19950524 - Minutes - Board of Directors (BOD) Open Space ----------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-12 REGULAR MEETING BOARD OF DIRECTORS May 24, 1995 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:36 P.M. Members Present: Pete Siemens, Betsy Crowder, Nonette Hanko, Ginny Babbitt, Mary Davey, Teena Henshaw, and Wim de Wit. Personnel Present: Craig Britton, Malcolm Smith, John Escobar, Randy Anderson, Sue Schectman, and Susan Dale. H. ORAL COMMUNICATIONS There were no oral communications. 111. ADOPTION OF AGENDA Motion: W. de Wit moved that the Board adopt the agenda. G. Babbitt seconded the motion. The motion passed 7 to 0. IV. ADOPTION OF CONSENT CALENDAR T. Henshaw requested that agenda item 5, Authorization to Apply for a State Environmental Education Grant for the David C. Daniels Nature Center Phase I Exhibits, be removed from the consent calendar. B. Crowder and W. de Wit requested Revised Claims 95-10 be removed from the consent calendar. Motion: T. Henshaw moved that the Board adopt the consent calendar as amended including approval of minutes dated May 10, 1995 and the written communication responses to Paul Bocian, 1049 W. Olive Avenue, #4, Sunnyvale and to Robert Zatldn, P. O. Box 620502, Woodside. M. Davey seconded the motion. The motion passed 7 to 0. V. BOARD BUSINESS A. Agenda Item 1 - Amendment to the Use and Management Plan for Long Ridge Qpen Space Preserve to Construct a Portion of the W Area Ridge Trail (Report R-95-66 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton Meeting 95-12 Page 2 R. Anderson highlighted the staff report, noting that the District's National Recreational Trails Fund grant includes the construction of a one-mile segment, mostly on Long Ridge Open Space Preserve, of the Bay Area Ridge Trail. He said that the proposed trail would cross Portola Park Heights Road near the existing gate at Skyline Boulevard and showed overheads depicting the proposed trail alignment and crossing. He stated that a neighborhood meeting was held on April 25, 1995 with Portola Park Heights residents to discuss the trail alignment and crossing. He said that staff would be addressing concerns regarding signing and trespass in the design of the trail crossing and that district legal counsel would be responding to liability issues that had been raised. Sandra Touchatt, P. O. Box 254, Redwood City, asked if any other trail crossings were proposed, said she felt a two-way gate at the trail crossing would be appropriate to protect trail users and the Portola Park Heights residents, adding that bicyclists created the real problem, said she felt the District had not been a good neighbor because the District had not worked with the Portola Park Heights neighbors on application for FEMA funds for road damage on the Portola Park Heights Road, and questioned the District ranger's role at the PortoLa Park Heights Road Association meetings. In response to S. Touchatt's questions, R. Anderson said that there could be additional trail crossings in the future, and J. Escobar explained the application process the District followed as a public agency to apply for FEMA funds and said that District staff attend road association meetings primarily to participate in decisions regarding road repair. Charlie Touchatt, P. O. Box 254, Redwood City, stated that he felt the District ranger at the Portola Park Heights Road Association meetings, held prior the FEMA application deadline, should have informed the residents that the District was applying for FEMA funds and should have suggested the residents look into FEMA funding, expressed his thanks to the District field staff for all their help during the winter storms, requested that Board meeting packets be mailed earlier, questioned the exact location of the trail crossing to the entrance gate, and stated the District had to be very careful that the proposed trail did not become a four-wheel drive trail. Dr. Linda Huntimer, 400 Doherty Ridge Road, La Honda, a newly-elected member of the Portola Park Heights Association, explained the process she used to apply for FEMA funds in behalf of the association prior to the second application deadline, said she felt it would be good to exchange information of mutual interest at the road association meeting, and requested she be added to the notification list, noting she had not received a notice for the April 25 Meeting 95-12 Pag(­ 3 neighborhood meeting. C. Britton, after confirming that Dr. Huntimer was 3 new property owner in the area, stated that her name and address was not on the District's most current assessor's list microfiche used to notify neighbors as required by Board policy. T. Henshaw, referring to the application for FEMA funding, suggested that the Board review the Good Neighbor Policy, with a particular focus on being more cognizant of two-way communication that benefits both the District and the District's neighbors. C. Britton stated that the District should have informed neighbors about its FEMA application activities, adding that staff would investigate whether anything could be done at this time to assist the Portola Park Heights residents. In response to a question posed by Portola Park Heights resident Pat O'Coffey regarding legal concerns that were documented and raised at the April 25 meeting, S. Schectman stated that staff was researching the liability concern and would be responding in a letter. She said that there are a couple issue,�, adding that there are alot of immunities that protect both private property owners and public agencies for recreational users. She said the issue of negligence would not be covered by these immunities. Dr. Huntimer stated that she and the other residents were very concerned, �,nd very interested in having the gate installed so that the residents are protectoa when hikers cross the trail and so that the residents can show they have done everything they need to do so that someone is not hurt or injured and so thaf the residents are not liable for an injury to a trail user. Board discussion centered on the need to meet with the Portola Heights residents to discuss their concerns, the scheduling, and the type of meeting dra,", should be held. There was Board concurrence to hold an on-site meeting witt, the full Board in attendance to review the proposed trail and trail crossing uw� other concerns of the residents, including the gate being proposed by the residents. N. Hanko said that after the full Board met with the neighbor&. sub-committee could be formed, if necessary, to address various concerns.. Crowder requested that the minutes from this agenda item be sent to resident, in advance of the on-site meeting, and the Board requested that at least a month's notice be given in advance of the meeting. P. Siemens requested th'-. staff have tentative design ideas for the proposed trail crossing, including alignment and dimensions, for review at the on-site meeting. N. Hanko requested that Portola Park Heights Homeowners Association collect all thei concerns prior to the meeting for discussion with the Board at the meetinp. Meeting 95-12 Page 4 Leslie Wadsworth, Portola Parks Heights, requested that the Board strongly consider installation of an electric gate in light of the heavy use anticipated on the trail and hazards associated with bicycles, adding that she did not feel the District had been a good neighbor when not allowing an easement for an electrical connection. William Obermayer, 22400 Skyline Boulevard, #22, La Honda, stated that he stands by his previous letter sent to the Board, expressed his concerns regarding his liability if there's an accident on the road and his concerns regarding the proposed trail crossing and the District's notification policies for people with easement rights. He said he believes the gate should be installed where public access to the private road ends. Motion: M. Davey moved that the Board continue the discussion until a meeting is set at a convenient time for all parties sometime during the month of July to discuss the Portola Park Heights neighbors' concerns. B. Crowder seconded the motion. The motion passed 7 to 0. B. Agenda Item 2 - Amendment to the Use and Management Plan for St. Jo=h's Hill QWn Space Preserve for Minor Modifications to the Trails Plan (R=rt R-95-73) N. Hanko suggested changing the "closed trail to be restored" wording on the map legend on page four to "closed trails - areas to be restored". G. Babbitt suggested the wording "closed for area restoration." After discussion, it was decided the wording would be changed to closed for area restoration. Motion: M. Davey moved that the Board tentatively adopt the amendment to the Use and Management Plan for St. Joseph's Hill Open Space Preserve for minor modifications to the preserve's trails plan as amended. G. Babbitt seconded the motion. The motion passed 7 to 0. C. Agenda Item 3 - Authorization to Purchase 19-Acre Lee Pro M for $120.000 on a Defeasible Fee Basis: Tentative Adoption of Preliminary Use and Management Plan Recommendations, Including Naming the Rr9pgM as an Addition to Cathedral Oaks Area of Sierra Azul Open Space Preserve: and Intention to Withhold E=M from Dedication as Public Open Spa ce (KQQrt R-95-62) C. Britton reported this property became financially available to the District because the owners agreed to a five year defeasible fee agreement. He explained that the total purchase price is $120,000; the District is to pay a Meeting 95-12 Page 5 $5,000 annual fee for five years. He added that at the end of five years, the District either pays for the property or deeds it back to the owners. M. Davey commented she thought this was a very creative way for the District to acquire g rY Y �1 land. Motion: M. Davey moved that the Board adopt Resolution 95-17, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement - Defeasible Fee, 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 (Sierra Azul Open Space preserve - Lands of Lee); tentatively adopt the Preliminary Use and Management Plan recommendations including naming the Lee property an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve and indicate their intention to withhold the property from dedication as public open space at this time. B. Crowder seconded the motion. The motion passed 7 to 0. D. Agenda Item 4 - Amendment to Agreement with the City of Mountain View for Deer Hollow Farm to Provide for Maintenance Staffing. Supplies. and Materials for the Farm and Transferring $6,000 in Budget to Temporary Salaries Account (Report R-95-M J. Escobar clarified that the City of Mountain View, the County of Santa Clara, and the District are the three agencies splitting the major costs of the farm's operation. He stated that 90% of the use at Deer Hollow Farm is by schools within the District boundaries and the cost benefits of temporary part- time staffing. Motion: G. Babbitt moved that the Board authorize the general manager to execute the fourth amendment to the agreement with the City of Mountain View providing for maintenance staffing, supplies, and materials necessary to operate Deer Hollow Farm for one year, beginning July 1, 1995; amend the District's fiscal year 1995-1996 budget to include an additional $6,000 in temporary salaries to meet the staffing levels described in the amendment to the agreement, and direct staff to work with the City of Mountain View, the County of Santa Clara, and other interested organizations to develop a long-term strategy for future operation of the farm. T. Henshaw seconded the motion. The motion passed 7 to 0. Meeting 95-12 Page 6 E. Agenda Item 5 - Authorization to Apply for a State Environmental Education Grant for the David C. Daniels Nature Center Phase I Exhibits (Report R-95- 7-0) T. Henshaw proposed using the children from Duveneck Elementary School for training when staff is prepared to begin offering field trips to schools beginning next year. Motion: T. Henshaw moved that the Board adopt Resolution 95-18, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for Grant Funds Under the Environmental Education Grant Program for the following project: David C. Daniels Nature Center Phase I Exhibits. N. Hanko seconded the motion. The motion passed 7 to 0. F. Agenda Item 6 - Report on Proposed Wallace Stegner Memorial Project at Long Ridge Qpen Space Preserve M=rt R-95-69) N. Hanko reported the Legislative, Finance and Public Affairs Committee is ready to move forward with placing a curved concrete bench and plaque at the Long Ridge Open Space Preserve in memory of Wallace Stegner. Motion: B. Crowder moved that the Board direct staff to prepare a Use and Management Plan amendment for Board consideration to accommodate a bench and plaque at the proposed memorial site at Long Ridge Open Space Preserve. G. Babbitt seconded the motion. The motion passed 7 to 0. G. Agenda Item 7 - Appointment of a District Director to Replace B. Crowder a a Designated Director on the ft Area Ridge Trail Council's Board o Directors (RQgrt R-95-72) W. de Wit volunteered to serve on the Bay Area Ridge Trail Council's Board of Directors. Motion: N. Hanko moved that the Board appoint Wim de Wit as the new District director to serve on the Bay Area Ridge Council's Board of Directors. M. Davey seconded the motion. The motion passed 7 to 0. H. Agenda Item 8 - Program Evaluation for the 1994-1995 Action Plan for the Implementation of the Basic Policy of the Nfid=insula Regional Q= Spy District (R=rt R-95-63) Meeting 95-12 Page: General Manager C. Britton and program managers R. Anderson, M. Smithl, and J. Escobar highlighted progress during the 1994-1995 year in their respective programs. Motion: G. Babbitt moved that the Board accepts staff s program evaluation report. B. Crowder seconded the motion. The motion passed 7 to 0. VI. INFORMATIONAL REPORTS C. Britton, on behalf of District Legal Counsel, reminded the Board that informational reports are to be brief and are a one-way form of communication for the purpose of giving information. C. Britton reported that: 1) a joint meeting between District and Santa Clara Park,, and Recreation Department staff was held on May 17; 2) the District received notification from the California Transportation Commission that the District's ScKii Springs Canyon grant application scored the highest of all applications submitted, bw_ funds for this program may be cut; 3) AB700 passed unanimously in the Assembly and moves on to the Senate; 4) California Parks and Recreation Society has given AB700 its statewide endorsement; 5) he received an invitation from the San Franci�, Foundation awards reception at Fort Mason on Thursday, June 13 at which Penint�,,J,, Open Space Trust will be receiving an award; and 5) he met with Judith Steiner, Hidden Villa's Executive Director, concerning joint trails and parking. B. Crowder reported that: 1) she and M. Smith gave a presentation to the East Alto City Council; 2) she is very pleased with the new trail at Picchetti; and 3) several ROMP members volunteered at the last trail volunteers workday. N. Hanko requested a copy of the latest Dog Committee report. M. Davey reported the volunteer recognition event held at Picchetti Winery was a total success and thanked staff for their efforts. G. Babbitt reported that the final Dog Committee meeting had been held and the Committee would be making a recommendation to the full Board. G. Babbitt thanke«-.' everyone for her experience, the learning, and the friendships she has acquired as Director for Ward 4. C. Britton, on behalf of staff, thanked her for the many ids she brought to the Board including volunteerism and environmental education. T. Henshaw reported that C. Britton, M. Smith and she gave a presentation to thw� Sunnyvale City Council. Meeting 95-12 Page 8 W. de Wit reported that the mountain lion presentation held on May 19 was very good and on San Carlos' hometown days, at which the District was represented. M. Smith reported the District has been receiving credit on a radio report for the Chevron award that was actually presented to Peninsula Open Space Trust for its efforts on the Phleger acquisition program. J. Escobar pointed out the new field summary activity to be included monthly in the informational items. P. Siemens reported that: 1) he and C. Britton met with Karen Foss and Tony Look to discuss a joint meeting with the Santa Clara County Parks and Recreation Commission; 2) the Los Gatos Chamber of Commerce is going out of business; and 3) he will be visiting Hidden Villa. P. Siemens thanked Director Babbitt for her fresh thoughts and ideas that she brought to the Board. VII. REVISED CLAIMS B. Crowder asked if the location of the grading service provided in claim 7696 was for the road near Russian Ridge Open Space Preserve and if claim 7709 was for appraisal of the property at Saratoga Gap Open Space Preserve. R. Anderson replied claim 7696 was not for the road, and C. Britton said claim 7709 was for the appraisal noted. B. Crowder questioned claim 7731, and J. Escobar replied it was for the application of round-up to the parking lots. W. de Wit questioned claim 7737, and C. Britton said it was the first payment for the Lee property that was approved earlier on the agenda. Motion: B. Crowder moved that the Board approve Revised Claims 95-10. M. Davey seconded the motion. The motion passed 7 to 0. VUL ADJOURNMENT The meeting was adjourned at 9:55 P.M. Susan Dale, Recording Secretary Jean Fiddes, District Clerk