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HomeMy Public PortalAbout19950628 - Minutes - Board of Directors (BOD) -Open Spa,(.iv e MIDPENINSULA REGIONAL OPEN SPACE DIS3RICT Meeting 95-16 REGULAR MEETING BOARD OF DIRECTORS June 28, 1995 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 7:37 P.M. Members Present: Pete Siemens, Betsy Crowder, Nonette Hanko, David Smernoff, Mary Davey, and Wim de Wit. Member Absent: Teena Henshaw Personnel Present: Craig Britton, Malcolm Smith, John Escobar, Randy Anderson, Sue Schectman, Jean Fiddes, Del Woods, Mike Williams, Alice Cummings, and Susan Dale. U. ORAL COMMUNICATIONS There were no oral communications. III. SPECIAL ORDER OF THE DAY The Pledge of Allegiance was recited. IV. ADOPTION OF AGENDA C. Britton requested that the Board add the adoption of a resolution honoring and commending Karen Foss, retiring director of the Santa Clara County Parks and Recreation Department, to the agenda as an emergency item. He said the immediate need for the resolution came to the District's attention after the agenda had been posted and distributed. P. Siemens suggested inserting this item before agenda item and labeling it agenda item 2-. Motion: B. Crowder moved that the Board add the adoption of a resolution honoring and commending Karen Foss to the agenda based on the finding that there was need for immediate action. M. Davey seconded the motion. The motion passed 6 to 0. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 415-691-1200 • FAX:415-691-0485 • E-mail: mrosd®netcom.com el) Board or Directors:Pete Siemer Mary C. Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko, Betsy Crowder,Wim de Wit General,Manager:L.Craig Britton I Meeting 95-16 Page 2 V. ADOPTION OF CONSENT CALENDAR C. Britton noted that the agenda incorrectly listed one of the meeting minutes to be approved as May 25, 1995; he said the correct date was May 24, 1995. Motion: M. Davey moved that the Board adopt the consent calendar as amended including approval of minutes dated May 24, 1995 and June 14, 1995; the written communication response to Cliff Jenkins, 22400 Skyline Boulevard, La Honda; and agenda item 5 Final Adoption of Amendment to Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve to Realign 0.7-Mile Segment of the Bay Area Ridge Trail and revised claims 95-12. W. de Wit seconded the motion. The motion passed 6 to 0. VI. BOARD BUSINESS A. Agenda Item 1 - Proposed Expansion of Dog Access on Designated District Preserves. Tentative Adoption of Criteria for Evaluating_Preserve Suitability for Dog Access, and Direction to Staff to Prepare a Schedule for Use and Management Plan Amendments to Further Consider Plan Amendments to Further Consider Tentatively Recommendations W. de Wit, chair of the Dog Use Committee, reported on the two year process, including research and four public workshops, to form the recommendations being presented for Board consideration. C. Britton reviewed staffs three differing recommendations on the following items: 1) staff recommended changing the weighting of the conflicting special use and habitat sensitivity criteria to more accurately reflect their importance; 2) staff recommended delaying leashed dog access to Sierra Azul Open Space Preserve, Kennedy Limekiln Area until additional parking can be provided; and 3) staff did not support an off-leash dog area at Pulgas Ridge Open Space Preserve or off-leash access on any other District lands. N. Hanko asked if any discussion took place within the committee regarding certain breeds of attack dogs being allowed on District preserves at all. B. Crowder responded specific breeds of dogs was never discussed, only the issue of leash or off-leash. S. Schectman responded she was not aware of any breed specific regulations and that it might be better to regulate the behavior of dogs rather than the breed. R. Anderson reported 6 of the 23 District preserves currently have access for leashed dogs. He provided an overview of the process leading to the recommendations before the Board, noting that after numerous requests for more dog access from the public, a committee was formed, workshops were held, and research was undertaken by staff. P. Siemens opened the meeting to members of the public for comment. r - Meeting 95 16 J. Fiddes read a letter from Katie Ramsey, 20005 Skyline Boulevard, Woodside, requesting Russian Ridge Open Space Preserve be opened to dog.; on leash. Marilyn Walter, Portola Valley requested Razorback Ridge Trail at Windy 'PJII. Open Space Preserve remain closed to dogs. Helen LaRash, 884 Bauer Drive, San Carlos supported opening Pulgas Ridy.e Open Space Preserve and other areas to dogs off leash. Marj Ottenberg, 12281 Foothill Lane, Saratoga requested more off-leash a ra,4+ for dogs and said it has been her experience that dogs off-leash get along wlai other dogs better than when on leash. Kathleen Dorr, 460 Cervantes, Portola Valley said all dogs should be on lease and requested Razorback Trail at Windy Hill Open Space Preserve remain closed to dogs. Bob Wallace, 12881 Foothill Lane, Saratoga, supported dogs off leash and opening Sierra Azul Open Space Preserve to dogs. Wayne Behrens, HC-01 Star Route Box 90A, Woodside, stated he support opening more trails and off leash areas to dogs. Mary Shimmick, 20209 Skyline Boulevard, Woodside, speaking on behalf,,f the residents in the Coal Creek Open Space Preserve, requested this pre,,c z be open to dogs. Barbara Bergman, 20,000 Skyline Boulevard, Woodside, said she lives Russian Ridge Open Space Preserve and supports opening the area to do),�� leash only. Kitty Haddix, Star Route, Box 75, Woodside, supported allowing dogs orl more trails. Sharla Hill, 20200 Skyline Boulevard, Woodside, speaking on behalf of Russian Ridge Open Space Preserve area residents, said the residents des' more areas open to dogs and that it has been her experience that dogs are P; combative when off-leash. Elizabeth Aitken, 20100 Skyline Boulevard, Woodside, said she lives near. Russian Ridge Open Space Preserve and would like to see Russian Ridge open to dogs on-leash. Sarah Christian, 408 Star Route 2, La Honda, speaking for herself and Mr. Nick Mole, said Coal Creek Open Space Preserve should be open to dogs,.)n- leash. Meeting 95-16 Page 4 y. Jenny Blissenbach, 151 Calderon Ave, #68, Mountain View spoke in support of more dog access. John Shimmick, 1100 Lassen Drive, Belmont and Noel Thompson, 1131 Westfield Dr., Menlo Park, spoke in support of more dog access. Dudley Lewis, Palo Alto, suggested having better markings and signs indicating which trails are open to dogs. Ann Coleman said she does not support dog access. Dan Bernstein, 3613 McNulty Way, Redwood City, speaking in support of increased dog access, explained every activity has an impact on the environment and activity access equal amongst all members of the public using area. He said the dog access policy should be based on facts and fairness. Lynne Engelbert, 19327 Northampton Drive, Saratoga, said multi-use trails can be successful if all parties work together and emphasized the importance of dog owners cleaning up after their dog. Nick Ragouzis supported more dog access with some off leash locations. Chris Kilcoin, 3865 Page Mill Road, Los Altos Hills, said he would like to see Los Trancos and Monte Bello Open Space Preserves be open to dogs. Guy Occhipinti, 18367 McCoy Avenue, Saratoga, spoke in favor of more dog access. Robin Poskus, 2455 Alpine Road, Menlo Park supported dog access, including off-leash access to Pulgas and Sierra Azul Open Space Preserves and favored a solution that is equal to all users. Dorothea Nell, 2 Valley Oak, Portola Valley, suggested dog owners use discretion on their choice of trails when accompanied by their dogs. Andy Melnick, 2071 Plymouth Street, #N, Mountain View, said he would like to see the Board move forward as conservatively as possible. Fiona Sander, Los Altos Hills, spoke in favor of dog access, citing personal safety provide when accompanying their owner on a hike or run. P. Siemens closed the public comment portion of the meeting at 9:30 P.M. Motion: N. Hanko moved that the Board tentatively adopt the criteria for evaluating preserve suitability for dog access as developed by staff. B. Crowder seconded the motion. Meeting 95-16 page Motion B. Crowder moved that the Board amend the motion to state that to Amend: the criteria in the Dog Committee report would be amended to reflect the changes contained in the staff's report and that the Ravenswood disturbed habitat rating be changed from 1 to 2. N. Hanko seconded the motion. Discussion: P. Siemens suggested increasing the habitat sensitivity rating to zero, ten, and twenty and said preserves close to urbanized areas should be weighted heavier, noting the definition of urbanized could include houses next to a preserve. N. Hanko suggested that, instead of adopting the two changes proposed by Directors Crowder and Siemens, these proposed amendments be brought back to the Board at their next meeting after staff has had an opportunity to evaluate them. C. Britton agreed with N. Hanko's suggestion and said he would prefer that the Board address the criteria at a policy level rather than getting into the specifics of the ratings. B. Crowder subsequently withdrew her motion to amend. Motion B. Crowder moved that the Board amend the motion to state that to Amend: the criteria in the Dog Committee report would be amended to reflect the changes in the staff report and that the suggestions for amending the criteria would be reviewed by staff and presented to the Board for consideration at a future meeting. N. Hanko seconded the motion. Amendment P. Siemens moved that the motion to amend be amended to add to Motion that the weighting for the habitat sensitivity and for the adjacent to Amend: to urban areas criteria be referred back to staff to reevaluate the weighting. N. Hanko seconded the amendment to the motion to amend. The amendment to the motion to amend passed 6 to 0. The amended motion to amend passed 6 to 0. The main motion as amended passed 6 to 0. Motion: N. Hanko moved that the Board support efforts of local dog owners to form a user group. B. Crowder seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board de-emphasize dog access in publications for Foothills Open Space Preserve. M. Davey seconded the motion. The motion passed 6 to 0. l Meeting 95-16 Page 6 Motion: N. Hanko moved that the Board open all remaining trails at Fremont Older Open Space Preserve to dogs on leash. M. Davey seconded the motion. The motion passed 6 to 0. N. Hanko suggested the Board hold off on taking any action on the Long Ridge Open Space Preserve until after the meeting with the Portola Park Heights neighbors on July 8 since she thought the dog on-leash area was important to the neighbors. Motion: B. Crowder moved that the Board close Long Ridge Open Space Preserve to dogs as incompatible with the criteria. P. Siemens seconded the motion. Discussion: B. Crowder stated users can get confused at this preserve, that it is easy for them to think the whole preserve is open to dogs, that it is hard to administer this area, and that there is not sufficient parking. The motion passed 5 to 1 with N. Hanko voting no for the above stated reason. Motion: N. Hanko moved that the Board not open any remaining trails at Windy Hill Open Space Preserve to dogs on leash. B. Crowder seconded the motion. The motion passed 6 to 0. Motion: N. Hanko moved that the Board open all trails at Coal Creek Open Space Preserve to dogs on leash. B. Crowder seconded the motion. The motion passed 6 to 0. Motion: M. Davey moved that the Board open all trails at Thornewood Open Space Preserve to dogs on leash. W. de Wit seconded the motion. Discussion: N. Hanko said she would like to explore this area for possible off-leash use in the future. The motion passed 6 to 0. Motion: M. Davey moved that the Board consider dog access as part of the Use and Management Plan which is in the process of being developed for El Corte de Madera Open Space Preserve. N. Hanko seconded the motion. Discussion: P. Siemens commented he does not agree with the staff report that states that if part of a preserve is open to dogs, all of the preserve should be open to dogs and said he would prefer to see a recommendation that did not include the entire preserve. C. Britton said problems that occur for patrol staff Meeting 95-16 Page 7 when partial trails or preserves are open to dogs should be considered. M. Davey called the question. The motion passed 6 to 0. With respect to Sierra Azul Open Space Preserve, discussion focused on the impact of additional possible acquisitions to the preserve and limited parking that is available. Motion: B. Crowder moved that the Board open all trails at Kennedy- Limekiln Area of Sierra Azul Open Space Preserve to dogs on leash. M. Davey seconded the motion. Discussion: C. Britton said that staff is only opposed to opening this preserve to dogs until there is adequate parking available. A. Cummings explained visitors could be disappointed if they arrive at a preserve and there is nowhere to park. Motion N. Hanko moved to amend the motion to include staff's to Amend: recommendation. P. Siemens seconded the motion to amend. Discussion: D. Smernoff asked how long it would be until sufficient parking would be provided. R. Anderson responded one to two years. P. Siemens spoke in favor of a conservative approach to dog access in this area until adequate parking was available. The motion to amend failed to pass on the following vote: Ayes: P. Siemens and N. Hanko No: W. de Wit, M. Davey and B. Crowder Abstain: D. Smernoff M. Davey called for the main motion. The main motion passed 5 to 1 with P. Siemens voting no for the reasons previously stated. Motion: N. Hanko moved that the Board open Pulgas Ridge Open Space Preserve as an off-leash area at the site of the former Hassler sanitarium buildings. M. Davey seconded the motion. Discussion: B. Crowder said though she had initially supported this item, she now would vote against it because of the need to fence the off-leash area, the fencing costs, and the difficulty of monitoring in terms of patrol. N. Hanko explained, based on her experience, that she has never seen the need for fences at other locations. M. Davey said fences were not needed for open areas, that the District should try an off-leash area, and Meeting 95-16 Page 8 that very clear instructions for dog owners should be provided. N. Hanko reminded the Board that the motion was for the top area of the preserve only and there was no recommendation for a fence. C. Britton clarified that staffs recommendation was for no off- leash areas, and if the Pulgas Ridge site was to be an off-leash location, the area should be fenced. N. Hanko said that if staff is opposed to the Pulgas Ridge site, they should suggest an alternative area, such as Ravenswood, Thornewood, and Windmill Pasture. P. Siemens said he is personally afraid of dogs not on a leash; suggested the use of long leashes; and spoke in favor of opening the Pulgas Ridge site on a trial basis without a fence. The motion passed 5 to 1 with B. Crowder voting no for the reasons previously stated. Motion: W. de Wit moved that staff be directed to evaluate the possibility of allowing dogs on leash on Russian Ridge Open Space Preserve. M. Davey seconded the motion. Discussion: C. Britton explained that the Dog Committee had made no recommendations to staff and that staff on this preserve, that staff had not had the opportunity to analyze this area, and that staff would be willing to look into this item if the 1� Board wanted this considered. The motion failed 2 to 3 on the following vote: Ayes: W. de Wit and M. Davey No: P. Siemens, D. Smernoff, and B. Crowder Abstain: N. Hanko Motion: B. Crowder moved that the Board direct staff to return with a schedule for use and management plan amendments as necessary to further consider the recommendations tentatively approved at the meeting. D. Smernoff seconded the motion. The motion passed 6 to 0. C. Britton said there had been discussion earlier in the meeting to add a fifth item to address some general policy issues and criteria on dog access, including length of leash and potential use of retractable leashes, dog waste clean-up, partial preserve dog use and definition of the urban area criteria. N. Hanko said she still is concerned about aggressive breeds of dog, particularly the pit bull. S. Schectman recommended staff research this dog breed issue and report back to the Board. Meeting 95-16 Page 9 Motion: N. Hanko moved that staff return to the Use and Management Committee and Board with recommendations to specific policy issues concerning dog access previously stated. M. Davey seconded. The motion passed 6 to 0. The Board recessed for a break at 10:20 P.M. and reconvened for the meeting at 10:30 P.M. B. Agenda Item 2- - Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending Karen Foss Motion: M. Davey moved the Board adopt Resolution 95-25, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending Karen Foss. N. Hanko seconded the motion. The motion passed 6 to 0. C. Agenda Item 2 - Authorization for General Manager to Approve or Deny Damage Claims Against the District Less Than $2.500 (Report R-95-85) Motion: B. Crowder moved that the Board adopt Resolution 95-26, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the General Manager to Approve or Deny Certain Claims Against the District. M. Davey seconded the motion. The motion passed 6 to 0. D. Agenda Item 3 - Authorization to Purchase 1,465-Acre Rancho de Guadaluy_e Pro_pgrty_Adjacent to Sierra Azul Open Space Preserve and Almaden Quicksilver County Park for $6,750,000 and Tentative Adoption of Preliminary Use and Management Plan for the Propty, Including Intention to Withhold Dedication of the Property as Public Open Space (Reprort R-95-0 C. Britton stated this 1,465-acre property had a $6,750,000 purchase price and was a significant District acquisition. C. Britton highlighted the purchase agreement, pointing out the $7,000,000 purchase price had been reduced to $6,750,000. He explained that the $250,000 reduction resulted from potential concerns with the mine shaft and tailings located on the property. C. Britton reviewed the revised resolution distributed at the meeting, noting it had been changed to reference the first, second and third amendments in Section One. C. Britton explained that for cash flow purposes a short-term loan in the amount of $1,000,000 had been arranged, pending Board approval, with Peninsula Open Space Trust that would be secured by a First Deed of Trust. S. Schectman stated that there was an error in the staff report and the last sentence of the first paragraph on page seven should be corrected to read "In the event the District were to undertake additional measures in the future, there is no possibility that these actions would have a significant affect on the environment." Meeting 95-16 Page 10 D. Woods gave a slide presentation highlighting the key areas of this property. He reported that because of the extensive trail system and level of patrol necessary, attention is being focused on opening this preserve in an orderly fashion only when review of the trail system, appropriate uses, and patrol activities has been established. D. Woods explained a time limit of six months will be needed so that staff can focus on the safety review, parking and access, patrol, and other land uses. Motion: M. Davey moved that the Board adopt Resolution 95-27, 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 (Sierra Azul Open Space Preserve - Lands of Rancho de Guadalupe, Inc.), as amended; and Resolution 95-28, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Providing for the Issuance and Delivery of a Secured Promissory Note in the Amount of $1,000,000 to Peninsula Open Space Trust (Sierra Azul Open Space Preserve - Rancho de Guadalupe Acquisition). B. Crowder seconded the motion. The motion passed 6 to 0. Motion: M. Davey moved that the Board tentatively adopt the Preliminary Use and Management Plan recommendations including: (a) keeping the lower two-thirds of the site closed to public use until an Interim Use and Management Plan is adopted, and (b) naming the Rancho de Guadalupe property as an addition to Sierra Azul Open Space preserve; indicate their intention to withhold the property from dedication as public open space at this time; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act. D. Smernoff seconded the motion. The motion passed 6 to 0. E. Agenda Item 4 - Authorization to Purchase 162-Acre General Convention of the New Jerusalem Property Adjacent to Sierra Azul Open Space Preserve for $2226,000 on Defeasible Fee Basis and Tentative Adoption of Preliminary Use and Management Plan for the Property. Including Intention to Withhold Dedication of the Property as Public Open Space eport R-95-68) Motion: M. Davey moved that the Board adopt Resolution 95-29, 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 Meeting 95-16 Page 11. Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of General Convention of the New Jerusalem); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the staff report, including naming the property as an addition to the Sierra Azul Open Space Preserve; indicate their intention to withhold dedication of the property as public open space at this time; and determine that the recommended actions are categorically exempt from the California Environmental Quality Act. N. Hanko seconded the motion. The motion passed 6 to 0. VH. INFORMATIONAL REPORTS C. Britton reported that: 1) escrow closed on June 28 on the Sempervirens Funds parcel at Saratoga Gap; 2) Peninsula Open Space Trust (POST) has acquired the Corte de Madera Partnership property adjacent to Windy Hill Open Space Preserve for $2.7 million; 3) he attended the San Francisco Foundation awards reception at which POST was one of three recipients of a $5,000 grant; 4) there is still no state budget at this time; 5) the grant proposal for cleaning up the dump at the El Corte de Madera Preserve has been recommended to the waste management board for approval by board's staff; and 6) he was handed an original "Yes on R" brochure at the founders event on June 25. B. Crowder reported the Golden Gate National Recreation Area's map for the Phleger property is now available. N. Hanko reported on the founder's event and thanked M. Smith for his efforts. C. Britton recognized J. Combs for her efforts on the founder's event and M. Williams for his work on the Rancho de Guadalupe property acquisition. P. Siemens reported he attended the Santa Clara County Special District's Association meeting and was elected Vice-President. He attended a Santa Clara Valley Water District meeting concerning Lexington Reservoir and requested a multi-purpose trail be considered across the face of the dam. M. Davey reported on the founder's event celebration and said she attended the Peninsula Conservation Center Foundation's 25th anniversary event on June 24. W. de Wit reported he attended his first Bay Area Ridge Trail meeting. J. Escobar said that the monthly field activity summary was included in the packet of informational items dated June 28 and reported that ranger Craig Beckman had accepted the new equipment mechanic-operator position and a new ranger will be hired. Meeting 95-16 Page 12 R. Anderson reported the earthquake fault study scheduled for April at Rancho San Antonio Open Space Preserve will not occur in mid-September. J. Fiddes noted that a new explanation of Information Reports was included on the agenda. M. Smith commended the Skyline ranger staff for their help at the founder's event on June 25. VHL ADJOURNMENT The meeting was adjourned at 11:30 P.M. Susan Dale Recording Secretary f