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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 95-26
SPECIAL MEETING
BOARD OF DIRECTORS
November 29, 1995
MINUTES
I. ROLL CALL
President Pete Siemens called the meeting to order at 7:10 P.M.
Members Present: Pete Siemens, Mary Davey, Nonette Hanko, David Smernoff, Betsy
Crowder, and Wim de Wit.
Members Absent: Teena Henshaw.
Personnel Present: Craig Britton, Jean Fiddes, John Escobar, Malcolm Smith, Sue Schectman,
George Sipel, Randy Anderson, Del Woods, Mary de Beauvieres, and Susan Shipley.
II. LEGISLATIVE BRIEFING
Ralph Heim, the District's legislative consultant, briefed the Board on the 1995 legislative
session, which ended in September, and the forthcoming 1996 session.
III. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highland Circle, Los Altos, 1) expressed his concern about the lack of
lighting in the parking lot for evening meetings; 2) requested information on the start and
completion time for the Windy Hill Open Space project scheduled for next year; 3) requested the
agenda better emphasize when there is a change from the regular 7:30 P.M. start time; and 4)
requested agenda item 2 Final Adoption of Long Ridge Open Space Preserve Use and
Management Plan Amendment to Construct a Portion of Bay Area Ridge Trail, Including
Crossing, of Portola Park Heights Road, and Determination that Project is Cate og rically Exempt
under CEQA and agenda item 4 Seasonal Trail Closures be removed from the consent calendar.
William Obermayer, 22400 Skyline Boulevard, #22, La Honda, stated he had not been notified of
any meetings regarding annexation of property adjoining his property, expressed his concern that
he understood Cecilia Cummings did not want the annexation, and inquired into the District's
policy on annexation. C. Britton stated that the District has a policy that there must be more
than 50% ownership favoring the annexation for the District to move forward, that Cecilia
Cummings had not objected to the annexation, that the Local Agency Formation Commission
(LAFCO) handles all owner notifications for their portion of annexation proceedings, and that the
District followed legally required notification procedures, including newspaper advertisements.
Mr. Obermayer stated he has been seeing bicyclists using District land at night and questioned if
this was a new policy. C. Britton said this activity is against District regulations and urged Mr.
Obermayer to report any future sightings.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcom.com
Board or Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Meeting 95;24 , Page 2
IV. SPECIAL ORDERS OF THE DAY
Resolution Honoring and Commending the Peninsula Conservation Center Foundation on the
Occasion of its Twenty-Fifth Anniversary
Motion: B. Crowder moved that the Board adopt Resolution 95-43, a Resolution of the Board
of Directors of the Midpeninsula Regional Open Space District Honoring and
Commending the Peninsula Conservation Center Foundation on the Occasion of its
Twenty-Fifth Anniversary. W. de Wit seconded the motion. The motion passed 6 to
0.
Resolution Honoring and Commending Norman Y. Mineta on the Occasion of His Retirement
From the United States Congress
Motion: W. de Wit moved that the Board adopt Resolution 95-44, a Resolution of the Board
of Directors of the Midpeninsula Regional Open Space District Honoring and
Commending Norman Y. Mineta on the Occasion of His Retirement from the United
States Congress. D. Smernoff seconded the motion. The motion passed 6 to 0.
V. ADOPTION OF AGENDA
Motion: N. Hanko moved that the Board adopt the agenda. B. Crowder seconded the motion.
The motion passed 6 to 0.
VI. ADOPTION OF CONSENT CALENDAR
P. Siemens requested the draft responses to the written communications from Ernest Barter,
18971 Fernbrook Court, Saratoga and Frank Nichols, 1430 Westmont Avenue, Campbell be
removed from the consent calendar. C. Britton requested minutes of November 16-18 Special
Meeting be removed from the consent calendar. He advised the Board of the letter received from
Dick Carter, 22400 Skyline Boulevard, #24, La Honda that had been distributed and should be
considered in their deliberation of agenda item 2.
Motion: M. Davey moved that the Board adopt the Consent Calendar as amended, including
the minutes of the November 8, 1995 Regular Meeting and revised claims 95-20. N.
Hanko seconded the motion. The motion passed 6 to 0.
V11. APPROVAL OF MINUTES
November 16-18. 1995 Special Meeting
J. Fiddes stated that on page two Director Smernoff's name should be added to the list of names
of those members who participated in the November 18, 1995 tour.
Motion: M. Davey moved that the Board approve the minutes of November 16-18, 1995
Special Meeting, as corrected. N. Hanko seconded the motion. The motion passed 6
to 0.
Vill. WRITTEN COMMUNICATIONS
N. Hanko requested that the District's response to Ernest Barter be sent to those individuals
carbon copied at the bottom of his letter; C. Britton stated it would be. N. Hanko urged that all
the rangers be educated on the raptors and the District's policy of glider use at Windy Hill and
Meeting 95-2t" Page 3
Russian Ridge Open Space Preserves. J. Escobar stated the rangers are well informed of the
issues surrounding gliding at these preserves, and C. Britton said he would have Area
Superintendent Sanguinetti review this with the Skyline rangers at their next meeting. P. Siemens
suggested staff investigate the possibility of glider use at Russian Ridge Open Space Preserve
during their next Use and Management review of this preserve. B. Crowder suggested a
statement be included on the Districts land use policy in the response to Mr. Nichols to clarify
that the District is not a recreation district. After discussion, C. Britton said a copy of the
District's Basic Policy would be sent to Mr. Barter and Mr. Nichols, and their response letters
would be amended to note that the Basic Policy was attached for their information.
Motion: M. Davey moved that the Board approve the written communication responses as
amended. D. Smernoff seconded the motion. The motion passed 6 to 0.
IX. BOARD BUSINESS
A. AEenda Item No. 1 - Update on Planning for Proposed Sale of Surplus Property at Teague
Hill Open Space Preserve, Authorization for General Manager to Amend Contracts with
Project Consultants, and Authorization to Increase Project's Budget by $80,000 (Report R-
95-136)
C. Britton reviewed the history of the Teague Hill acquisition and the proposed sale of the
two surplus properties at Pinto Way and Summit Springs. C. Britton stated that after the
District failed to receive any bids for the property at the April 1993 auction, Enshallah Real
Estate had been hired to complete a study to guarantee the developability of the properties
and their potential sale.
C. Britton reported studies now confirmed the 35-acre Pinto Way parcel had good, stable
soil and could be fairly easily developed. He said the Summit Springs parcel proved to be
difficult and costly to development. C. Britton proposed the Board go forward with'the
necessary mapping and proposals to the Town of Woodside and continue with the initial
steps for Summit Springs to prove stability at a cost of $80,000. He stated if the Board
chose not to move forward with Summit Springs, the additional budget allocation needed
would be approximately $70,000.
Board discussion then focused on percolation tests, road conditions, accessibility, costs, and
concerns of neighbors.
Marge Bosetti, 617 Patrol Road, Woodside, expressed her concerns on the already failing
septic systems in the area, ground water problems, and suggested a sewer system be
approved and installed before any further development in the area.
Arden Finch, 59 Patrol Road, Woodside, stated he has been unable to get a building permit
for several years to build a home and did not understand how the District could pursue this
with any success.
H. Haeussler spoke against the District spending any more money on the Teague Hill
project.
Meeting 95-2�11 Page 4
Russ Molari, 75 Roan Place, Woodside, expressed concerns regarding erosion problems,
stated that the neighbors had not been advised that more than three sites might be
considered at Pinto Way, and expressed concern for further development by the District in
the years ahead. P. Siemens and B. Crowder assured Mr. Molari the District is not
interested in any future developments.
N. Hanko stated that she had never favored selling a portion of the property, spoke against
spending any more money on the Summit Springs parcel, and proposed discussing the Pinto
Way site only after Board members visited the site and saw what impacts the development
would have on neighbors.
P. Siemens and B. Crowder spoke in favor of the additional limited funding to determine if
the Summit Springs parcel could be developed.
M. Davey stated that she saw no advantage in a site visit and that she favored continuing in
the direction of selling the developable 10-acre sites the Board chose six years ago when
Teague Hill was acquired.
Motion: M. Davey moved that the Board authorize the General Manager to amend the
contracts with Enshallah Real Estate and Development Consultants, William
Cotton and Associates, and Brian, Kangas, Foulk to provide additional
consulting to determine the development feasibility of the surplus parcels and
the amount of the additional budget authorization would be $80,000. P.
Siemens seconded the motion.
Amendment B. Crowder moved that the Board's authorization be confined to further
to Motion: investigation of the Pinto Way site only to ensure that a fourth site can be
determined there, including road alignment. N. Hanko seconded the motion.
Discussion: N. Hanko stated she would like a three site limit rather than four
at Pinto Way. B. Crowder stated she did not agree.
Amendment N. Hanko moved that the Board decrease the number of sites from four to
to Motion three at Pinto Way. The amendment to the motion to amend failed for lack of
to Amend: a second.
The amendment to the motion passed on the following vote:
Ayes: P. Siemens, D. Smernoff, B. Crowder, N. Hanko, and W. de Wit.
Noes: M. Davey.
The amended motion that deleted any further consideration of the Summit
Springs parcel passed on the following vote:
Ayes: P. Siemens, D. Smernoff, B. Crowder, N. Hanko, and W. de Wit.
Noes: M. Davey.
Meeting 95-2 ; Page 5
Motion: N. Hanko moved that the Board hold a tour of the Pinto Way site for the
benefit of reviewing what sites are being proposed for development. D.
Smernoff seconded the motion.
Discussion: C. Britton suggested staff arrange the tour. P. Siemens suggested
the motion be withdrawn and if anyone wishes to go for a tour, they contact
C. Britton. N. Hanko and D. Smernoff withdrew their motion.
C. Britton stated staff would contact each Board member about the tour.
B. A2enda Item No. 2 - Final Adoption of Long Ridge Open Space Preserve Use and
Management Plan Amendment to Construct a Portion of Bay Area Ridge Trail. Including
Crossing of Portola Park Heights Road, and Determination that Project is Categodolly
Exempt under CEQA (Report R-95-140)
C. Britton stated that he had pulled this item from the consent calendar since the Board
needed to determine whether attendance at the ad hoc committee meetings would be
compensable. N. Hanko stated she did not believe this should be a compensated ad hoc
committee. B. Crowder volunteered to be an alternate to this committee. C. Britton
referred the Board to Mr. Dick Carter's letter of November 20, 1995 and stated the Portola
Park Heights Property Owners Association would be notified of the committee's
establishment.
Mr. Obermayer stated that he feels the trail crossing over Portola Park Heights Road is a
burden to his easement; suggested building an underpass rather than crossing the road; said
the District needs to indemnify the Portola Park Heights residents; and urged the Board not
to approve the trail crossing.
Motion: B. Crowder moved that the Board 1) adopt the amendment to the Use and
Management Plan for Long Ridge Open Space Preserve to construct a portion
of the Bay Area Ridge Trail following the alignment of alternative 2; 2)
approve Directors Hanko, Henshaw, and Siemens serving as an ad hoc
committee, with B. Crowder serving as an alternate, of the Board to meet with
staff and Portola Park Heights Homeowners Association representatives to
attempt to resolve issues concerning liability; and 3) determine attendance at
the meeting(s) of this ad hoc committee shall not be compensable. N. Hanko
seconded the motion. The motion passed 6 to 0.
C. Agenda Item No. 3 - Approval of Proposed Scope of Work for Preparation of Regional
Open Space Plan and Greenbelt Vision Map (Report R-95-142)
G. Sipel stated that the proposed date for the workshop discussed in the staff report on
goals and objectives should be changed to January 27.
R. Anderson described the three phase process for the Regional Open Space Plan: Phase I
- Greenbelt Vision Map and Mission Statement; Phase 2 - Resource Preservation and Public
Access Plans; and Phase 3 - Program-Level Plans; Comprehensive Regional Open Space
Plan. N. Hanko stated she did not like the word "vision" and would prefer the word
"plan" and would like an opportunity to discuss this plan at the workshop before any Board
approval this evening.
Meeting 95-2�; Page 6
In response to B. Crowder's statement that she believed the areas covered in the proposed
document were already included in the Master Plan, C. Britton explained the Master Plan is
a composite rating of land within areas with which the District might purchase, while the
Greenbelt Vision Map is to be a schematic of all potential District lands and public access
improvements, including estimated costs.
Board discussion centered on the need to simplify the staff report and proposed plan;
whether a Board committee should work on the plan after the workshop; the level of citizen
involvement; what Board members wanted included in the plan; and preparation of the
agenda for the January workshop.
C. Britton suggested N. Hanko and B. Crowder volunteer to work with staff on an agenda
for the workshop and that consideration of this item be continued to the December 20
meeting. He stated that the proposed agenda for the workshop could be presented for full
Board discussion at that time.
Motion: N. Hanko moved that the Board approve the continuation of this item to the
December 20, 1995 meeting. B. Crowder seconded the motion. The motion
passed 6 to 0.
D. Agenda Item No. 4 - Seasonal Trail Closures (Report R-95-141)
H. Haeussler inquired as to when the trail closures will occur. J. Escobar replied closure
would occur after winter rains began. B. Crowder asked if the Zinfindel Trail and the
Thysen Trail were complete. J. Escobar replied that the Zinfindel Trail was complete to
the county maintenance yard and the Thysen Trail construction is still underway.
E. Agenda Item No. 5 - Proposed Changes to Annual Review of Relative Site Emphasis Plan
to Create a Five-Year Work Program for District Preserves and Facilities (Report R-95-
14
G. Sipel stated the purpose of this report is to streamline and make the capital improvement
and budget programs process more understandable to the public.
D. Woods reviewed in detail the proposed elimination of the Annual Review of the Relative
Site Emphasis Plan and replace it with the proposed format for the Five-Year Work
Program for District Preserves and Facilities.
D. Smernoff commented that this report describes in good detail what is occurring on
District lands and how much it costs to perform operations and maintenance, and that this
could be a template for the Regional Open Space Plan. M. Davey concurred that this
format is simple and understandable.
Motion: N. Hanko moved that the Board accept this information report on proposed
changes to the Annual Review of the Relative Site Emphasis Plan. D.
Smernoff seconded the motion. The motion passed 6 to 0.
Meeting 95-2�1 Page 7
X. INFORMATIONAL REPORTS
C. Britton reported that: 1) he will be meeting with Patrick Sanchez next week to discuss the
San Mateo Alternative Funding measure; 2) Santa Clara County Board of Supervisors
unanimously approved the County's trails plan; 3) Directors Crowder and Hanko, S. Schectman,
and he met with Ted Lempert regarding San Mateo County council's strong defense of the road
system through the Driscoll property; 4) J. Escobar, M. Smith, and he attended a reception for
Paul Romero the new Director for Santa Clara Count Park au sand Recreation; 5 theP
Y
Planning
and Conservation League is doing a state-wide look into funding needs for parks, recreation, and
open space and an informational meeting is being held at the District office on Thursday; 6)
Friday evening is the reception for Norman Mineta and he and P. Siemens will be attending; and
7) in response to T. Henshaw's request, M. William's status of the Picchetti lease agreement was
included in the Board meeting materials.
C. Britton reported on behalf of S. Schectman that an appeal has been filed in the Santa Clara
County Open Space Authority's lawsuit and that the Santa Clara County Transit Authority has
asked for a reconsideration of the Supreme Court's decision in the Guardino case, and the
Supreme Court has extended the date to reach a decision on whether to reconsider the case.
J. Fiddes announced Doug Vu will start December 11, 1995 as the District's new Planning
Technician.
M. Smith reported on an article in the San Francisco Examiner on the Driscoll issue and said the
San Jose Mercury News will be a co-sponsor for the District's Environmental Festival in June.
J. Escobar reported that: 1) the new dog signs are in place at Coal Creek, Fremont Older, and
Thornewood Open Space Preserves; 2) he has available the full report on bicycle use produced by
Marin County staff; 3) the October Field Activity Summary had been distributed to the Board,
noting for the October 29 incident Rangers Linda Hyman, Matt Ken, and Dennis Danielson had
assisted CHP and CDF on the major injury accident; and, 4) there had been a 13-acre fire at
Russian Ridge Open Space Preserve on Thanksgiving Day.
D. Smernoff reported he and D. Woods met on November 28 with NASA officials on the
proposed alignment of the Bay Trail and on the Regional Park and Open Space District
Conference in Sonoma.
P. Siemens reported he met with members of the Santa Clara County Historical Commission and
suggested inviting the Commission to tour Picchetti.
M. Davey thanked the District for her attendance at the Regional Park and Open Space District
Conference.
B. Crowder reported: 1) on the Incerpi chestnut orchard at Skyline Ridge Open Space Preserve;
2) she would like the District to consider placing an ad in the Kings Mountain newspaper; 3) on a
mountain lion sighting on the Stanford lands; and 4) she and Jean Rusmore have been hiking
parks on the west side of Skyline for a new book.
W. de Wit reported Platypus Studio was working on the Daniels Nature Center when he was
there for his docent training.
Meeting 95-2 , Page 8
N. Hanko suggested a joint meeting with the Santa Clara Open Space Authority board members
sometime next year. N. Hanko reported she provided testimony at the California Constitutional
Revision Commission Public Hearing hosted by the Leagues of Women Voters of Santa Clara
County at West Valley College. She stated she had invited a member of the Commission to visit
the District to learn more about our special district.
Xl. ADJOURNMENT
The meeting was adjourned at 11:05 P.M.
Susan Shipley
Recording Secretary