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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
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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