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HomeMy Public PortalAbout19950726 - Minutes - Board of Directors (BOD) Open Space �. I MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 95-19 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS July 26, 1995 MINUTES I. ROLL CALL President Pete Siemens called the meeting to order at 6:35 P.M. Members Present: Peter Siemens, Mary Davey, David Smernoff, Nonette Hanko, and Wim de Wit. Members Absent: Betsy Crowder and Teena Henshaw. Personnel Present: Craig Britton, Jean Fiddes, Sue Schectman, and Del Woods. IL CLOSED SESSION P. Siemens stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item la, b, and c. The Board recessed to Closed Session at 6:37 P.M. and the Closed Session commenced at 6:38 P.M. The Board adjourned the Special Meeting at 7:25 P.M. and P. Siemens called the Regular Meeting to order at 7:35 P.M. He announced that the Board had been meeting in Closed Session to discuss Closed Session agenda items la, b, and c to give directions to legal counsel. Additional Personnel Present: John Escobar, Randy Anderson, Malcolm Smith, Carleen Bruins, Suzanna Rumon, Mary Gundert, and Emma Johnson. III. ORAL COMMUNICATIONS David Klinger, 7538 Waterford Drive, Cupertino expressed his concerns to the Board regarding bicyclists on Fremont Older Open Space Preserve trails, especially narrow ones such as Seven Springs Canyon Trail. He related his experiences of being forced off the trail by bicyclists, noted his perception of danger to hikers, and requested the Seven Springs Trail be closed to bicyclists. N. Hanko suggested staff report to the Board on whether the adopted trail use policies cover the particular problem. R. Anderson noted that there are some trails on the preserve that do not meet District standards since a Use and Management Plan for the preserve has not been reviewed since the guidelines were adopted. C. Britton said staff will report to the Board on how the Seven Springs trail measures up to the guidelines at the August 23 Regular Meeting. He told Mr. Klinger that he will be notified when the topic is on the agenda. 330 Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 - FAX:415-691-0485 - E-mail: mroscWnetcom.com Roard of Oire(tors:Pete" ens,Mary C.Davey,Teena Renshaw,tinny Babbitt, N, Ranko, Betsy Crowder,Wim de Wit Generat Nmioger:L.Craig Britton Meeting 95-19 Page 2 IV. SPECIAL ORDER OF THE DAY Introduction of Suzanna Rumon. New Volunteer Coordinator C. Bruins introduced Suzanna Rumon, the District's new Volunteer Coordinator. She said that Suzanna has much experience as a volunteer coordinator and is currently working part-time in that capacity for the City of Palo Alto. S. Rumon noted that she would welcome any suggestions for the volunteer program. The Board welcomed her to the District. V. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. W. de Wit seconded the motion. The motion passed 5 to 0. V1. ADOPTION OF CONSENT CALENDAR C. Britton reported that adjoining owners were not notified for agenda item two, Proposed Amendment to Monte Bello Open Space Preserve Use and Management Plan to Change Stevens Creek Nature Trail Interpretive Brochure to Interpretive Signing at Estimated Cost of$3,000, since the changes to the Use and Management Plan for Monte Bello dealt with the internal trail system and he had used his authority under Board policy to waive notification in cases of limited concern or importance. He noted that the waiver statement had not been included in the staff report. Motion: M. Davey moved that the Board adopt the consent calendar including: approving minutes of the July 12, 1995 Board Meeting; draft responses to written communications to the Board from William Obermayer, 22400 Skyline Boulevard, #22, La Honda, and William and Joyce Estrada, PO Box 153, New Almaden; agenda item two - Proposed Amendment to Monte Bello Open Space Preserve Use and Management Plan to Change Stevens Creek Nature Trail Interpretive Brochure to Interpretive Signing at an Estimated Cost of $3,000; agenda item four - Informational Report on Planning and Design of the Utility Undergrounding Project Along Portola Road Adjacent to Windy Hill Open Space Preserve; agenda item ten - Cancellation of August 9, 1995 Regular Meeting; and approving revised claims 95-14. D. Smernoff seconded the motion. The motion passed 5 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Proposed Additions to Rangers' Assigned Personal Equipment (RQgrt R-95-95) C. Britton reported that field employees' safety has long been a concern and, at the request of Local 715, the District agreed to evaluate the use of collapsible batons by District rangers. He said he had met with field staff and taken two ride-alongs to communicate and listen to their concerns. J. Escobar demonstrated and explained the equipment being proposed, including soft body armor, shoulder microphones, and collapsible batons. He said batons would be an increased level in use-of-force but that staff will implement use-of-force policies and field procedures, as well as necessary training before batons would be issued. J. Escobar reviewed the exhibits comparing ranger safety items and job descriptions of 36 other agencies managing regional parks and open space to the District, comparing enforcement duties and personal safety items of 17 surveyed agencies, comparison of types of violations on District lands, and miscellaneous enforcement activities. He said that staff Meeting 95-19 Page 3 is recommending equipping District rangers with collapsible batons, soft body armor, and shoulder microphones at a cost of$11,106 as well as requiring an additional 12 hours of defensive tactics training at an additional $1,200. Robert Zatkin, PO Box 143, Los Altos remarked that the Santa Cruz Mountains are remote, adequate protection is not available to District rangers, and the Board should be discussing the issuance of guns. Matt Ken spoke in behalf of the bargaining unit, Local 715, S.E.I.U. He said that there is a strong drive by field staff to protect open space, that rangers do not want to be police officers, and that the staff has a sincere concern for their safety. He said that in recent years there has been a higher level of enforcement by field staff and a greater degree of criminal activity. He stated that the issuance of firearms is still a concern for the rangers. Board members expressed their concern for the safety of rangers, noting their support for the issuance of the proposed new equipment. Motion: N. Hanko moved that the Board authorize the general manager to add collapsible batons, soft body armor, and radio shoulder microphones to the list of assigned personal equipment provided to each ranger and direct staff to develop or modify existing field procedures for the use and care of these new assigned personal equipment items. M. Davey seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 3 - Authorization to Solicit Bids for Construction of a Field Office at Skyline Ridge pen Space Preserve and to Contract with the Town of Los Gatos to Provide Construction Administration Services for the Project WQgrt R-95-101) R. Anderson reported that staff has been negotiating with the Town of Los Gatos to employ the Town's Project Manager in the Building and Engineering Services Department to assist District staff in construction administration. M. Gundert noted the project has been submitted to the Santa Clara County Planning Department and the Architectural and Site Review Committee and that the earliest date a building permit could be issued is September 4, 1995. She added that soil testing delays due to rain and the lengthy permit process have pushed the project to the end of construction season and that staff would like to begin as soon as possible in order to complete the grading prior to winter rains. In an effort to expedite the process, she proposed separating the grading and building projects so that the grading portion of the contract could begin in September, then the building construction process could begin in October. C. Britton noted that the staff recommendation could be separated into two parts: a) authorize the general manager to approve a lowest responsible bid not to exceed $15,000; and b) authorize solicitation of bids for construction of the field office which would be returned to the Board for final approval. M. Gundert said the 1995-1996 budget includes $400,000 for the project. Meeting 95-19 Page 4 Motion: M. Davey moved that the Board authorize the general manager to approve the lowest responsible bid for grading under $15,000; authorize solicitation of bids for construction of the field office; and authorize the general manager to enter into contract with the Town of Los Gatos to provide construction administration services. D. Smernoff seconded the motion. The motion passed 5 to 0. C. Agenda Item No. 5 - Proposed Property Management Agreement with Peninsula Oren Space Trust for Former Thysen PropgM and Amendment to Use and Management Plan for Purisima Creek Redwoods Qpen Space Preserve (Report R-95-104) C. Britton reported that the 481-acre former Thysen property, now owned by Peninsula Open Space Trust is adjacent to Purisima Creek Redwoods n Space Preserve and is a Pa � .1 � Pa natural extension of the preserve. He noted that Mrs. Thysen had requested that the property be open to the public. He said that management issues center on the site's poor accessibility, both in respect to patrol and public trail access. He stated that staff has not been successful in getting an agreement to patrol through the adjacent Kings Grove private property, but staff will continue to work with the property owners. He added that a bypass trail around a life-estate parcel needs to be constructed on the south side of Bald Knob and that the cost is expected to be about $15,000, half of which is staff time. He said staff anticipates increased trail use and related trail use incidents and trespass problems but that these problems will be mitigated as much as possible by installing fences, gates, and signs where necessary and providing regular patrol. He added that staff concludes that the project will not have a significant effect on the environment. Robert Zatkin spoke against allowing mountain bicyclists on the property. N. Hanko asked whether the trail construction would adversely impact the trail development schedule previously adopted by the Board. M. Gundert responded that the timing would depend on other trail work in the Skyline area, including the section of the Ridge Trail that crosses Portola Road and on the crew's schedule. C. Britton said the trail will be single- track trail, not a patrol road and open to multi-use. R. Zatkin spoke against allowing mountain bicyclists on the property. Motion: M. Davey moved that the Board authorize the general manager to sign the property management agreement with Peninsula Open Space Trust for the former Thysen property, tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, tentatively adopt the amendment to the Use and Management Plan for Purisima Creek Redwoods Open Space Preserve to construct a trail around Bald Knob and into the lands owned by Peninsula Open Space Trust, and determine that the recommended actions are categorically exempt from the CEQA as set out in the report. N. Hanko seconded the motion. The motion passed 5 to 0. D. Agenda Item No. 6 - Authorization to Revise Contract with Platypus Studio to Fabricate Exhibits for the David C. Daniels Nature Center at Skyline Ridge Open SSpace Preserve MQQrt R-95-100) M. Gundert displayed a scale model of the proposed exhibits as they would be placed in the Nature Center and reported that the Board had previously authorized a contract with Meeting 95-19 Page 5 Platypus Studio for $19,900 for two Phase I exhibits (pond strata mobiles and plant community text rails) at the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve. She said an additional $8,100 was budgeted for construction of a laboratory station and library. She said the $8,100 remaining in the 1995-1996 budget and a donation of$6,600 from Peninsula Open Space Trust will cover the $14,600 cost of the laboratory counter, library, mobiles, and the plant community text rail with additional field guide information. She added that the District requested funds to design and fabricate the Alpine Pond community mural in a State Environmental Education Program proposal and the state will notify applicants of their proposals' status in mid-August. Motion: N. Hanko moved that the Board authorize a $6,600 increase in the 1995-1996 budget toward the improvements at the David C. Daniels Nature Center to be offset by a $6,600 donation from Peninsula Open Space Trust and authorize the general manager to revise the contract with Platypus Studio to fabricate and install additional exhibits at the Center. D. Smemoff seconded the motion. The motion passed 5 to 0. E. Agenda ltgffl No. 7 - Schedule to Complete Review of Additional Access for Dogs (R= R-95-102) R. Anderson reviewed the staff report, noting that staff recommends that the criteria and policy issues be finalized before the Use and Management Plan amendments are considered and is proposing that the Use and Management Committee meet in early September to consider the criteria and policy issues and the amended site evaluation criteria. He outlined the proposed schedule for tentative and final adoption of the dog access changes at Fremont Older, Long Ridge, Coal Creek, Thornewood, Sierra Azul, and Pulgas Ridge Open Space Preserves. P. Siemens questioned the amount of staff time involved and the high priority given to the schedule. N. Hanko said she had planned to place an item on the next Board meeting agenda relating to reevaluating Pulgas Ridge as an off-leash area and requesting the Use and Management Committee to consider a site that is more centrally located than Pulgas Ridge, specifically the Spring Ridge area of Windy Hill Open Space Preserve. She said it would make a difference in her proposed recommendation if an entire preserve were open to dog access, noting that the committee has to consider whether the criteria would include sites that would be only partially open to dogs. R. Anderson noted that the Windy Hill alternative was considered by the Use and Management Committee and was rejected. C. Britton proposed that the four policy questions be considered by the committee and that the full Board consider the question of off-leash dog access on Windy Hill rather than Pulgas Ridge since the committee had already discussed the alternative. He said notification for policy issues would be different than notification if the Board were considering off-leash areas. Robert Zatkin spoke against opening all trails to dogs on leash at Thornewood Open Space Preserve because of the lake and the swans. Meeting 95-19 Page 6 P. Siemens said he did not think discussion of the four policy questions could be completed at one committee meeting. C. Britton said two meetings could be planned. M. Davey spoke in favor of the proposed schedule. Staff noted correspondence had been received related to dog access, addressed to the Board, the committee, individual directors, or staff. Staff was directed to forward immediately copies of all correspondence to all Board members, especially correspondence addressed to individual directors. Motion: W. de Wit moved that the Board accept the proposed schedule to complete the review of dog access to designated preserves and related policy issues. M. Davey seconded the motion. The motion passed on the following vote: Ayes: M. Davey, D. Smernoff, N. Hanko, and W. de Wit. No: P. Siemens. P. Siemens stated that he felt the proposed schedule was too ambitious. F. Agenda Item No. 8 - Potential Agenda Topics for "Not-So-Annual" California Regional Park and Open Space District Conference (Report R-95-99) Discussion centered on the potential topics to be discussed at the "Not-So-Annual" Open Space Conference hosted by Sonoma County Agricultural Preservation and Open Space District. N. Hanko said it is important for the Boards of Directors to have input in the topics to be discussed. C. Britton said he would forward the Board's suggestions to David Hansen and suggested that Midpeninsula Regional Open Space District could host the next conference. C. Britton said he would suggest that the dog access issue be discussed as a round-table discussion item. Other round-table ideas suggested were law enforcement issues and trends; multi-use trails and user conflicts; research issues of open space lands; and impacts from staging areas and overuse of open space lands. G. Agenda Item No. 9 - Update on Planning for Sale of Surplus PropgM at Teague Hill Open Space Preserve and Authorization Request to Contract with Consulting Geotechnical Engineers at Estimated Cost of$10,000 (Report R-95-103) R. Anderson stated that the first stage of the work to create or confirm salable lots for the surplus portion of Teague Hill Open Space Preserve has been concluded with the recordation of certificates of compliance from the Town of Woodside for seven historic legal parcels. He said the next stage will be to record legal descriptions for six lots to sell as residential parcels, based on preliminary engineering studies. Gerry Steinberg, of Enshallah Developments, Inc., noted that successful marketing of the lots will require demonstrating that the lots encompass feasible building sites, which will include reassuring potential buyers that the lots will meet septic system and geotechnical standards and that the access road will meet engineering and geotechnical standards at a reasonable cost. Motion: M. Davey moved that the Board authorize the general manager to contract with William Cotton and Associates, Geotechnical Engineers, to provide preliminary investigations on the potential surplus parcels. Meeting 95-19 Page 7 Discussion: It was suggested that the Board's motion not specify William Cotton and Associates as the geotechnical engineers because the general manager has the authority to enter into a contract with a geotechnical engineer for professional services within budget limits and statutory authority. C. Britton suggested that the Board reaffirm that it is within the scope of the budget of the initial $25,000 for the project to contract for the geotechnical work. M. Davey withdrew her motion. Motion: M. Davey moved that the Board reaffirm authorization for the general manager to contract with a geotechnical engineer within the authorized budget for geotechnical services in an amount not to exceed $10,000. D. Smernoff seconded the motion. The motion passed 5 to 0. VIII. INFORMATIONAL, REPORTS C. Britton reported that: M. Smith and he attended a meeting with San Mateo County Alternative Funding Committee on splitting the proceeds of the potential ballot measure; M. Gundert and he attended a hearing of the Solid Waste Management Board Committee for the District's grant application for cleaning up the Hosking Dump at El Corte de Madera and that the committee approved it and referred it to the Solid Waste Management Board which approved the grant, noting that the state will use its own contractors, oversee the project, and will pay the cost; M. Smith and he gave a presentation to the City of Menlo Park; the recent staff picnic was attended by about 70 members of staff and their families; and the Cupertino Planning Commission has forwarded its decision on the Archdiocese property to the city council. N. Hanko reported she met with the mayor of Palo Alto on issues relating to the anniversary trail, the exchange of land with Palo Alto, and use of the Arastra house. M. Davey said she will be making a presentation to the Los Altos Board of Realtors on August 4 and reported that Sherrill Winery is proposed to be sold. P. Siemens said he testified at the Santa Clara Valley Water District hearing on the Lexington Dam, noting District staff sent a letter supporting trail access and that the District is working with Santa Clara County Parks and the water district to improve access. He said he has asked that a resolution supporting trail access in and around the dam area be placed on a future Board agenda. He reported that Brent Ventura has been appointed to the Santa Clara County Planning Commission. D. Smernoff reported he had met with constituents regarding the Bay Trail and access around Moffett Field and will study the underlying issues in order to make some progress on the problems. J. Escobar reported the June field activity summary has been distributed and that the new ranger, Brendan Downing, will start work on August 18. M. Smith said he made a presentation to the City of Los Gatos Planning Commission. He noted that he, members of the Board, and C. Britton have made presentations to all but 3 or 4 of the city councils within the District, and presentations to planning and park and recreation Meeting 95-19 Page 8 commissions are now being planned. He called attention to the chart showing where callers to the District received their information about the District. He said the information will be up- dated about every six months. IX. ADJOURNMENT The meeting was adjourned at 10:15 P.M. Emma Johnson Recording Secretary