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MIDPENINSULA REGIONAL OPEN SPACE DISTV,
Meeting
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
September 25,1996
MINUTES
I. ROLL CALL
President Nonette Hanko called the meeting to order at 6:30 p.m.
Members Present: Teena Henshaw, David Smernoff, Wim de Wit, Betsy Crowder, +,,r
Nonette Hanko.
Members Absent: Peter Siemens and Mary Davey.
Staff Present: Craig Britton, Sue Schectman, Jean Fiddes, John Escobar, Randy
Anderson, and Mary de Beauvieres.
I. CLOSED SESSION
N. Hanko stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Item 1.
The Board recessed to Closed Session at 6:31 p.m. and the Closed Session commenmi
6:32 p.m. The Board adjourned the Special Meeting at 7:15 p.m. and N. Hanko call egi i_,I,_
Regular Meeting to order at 7:32 p.m.
III. ORAL COMMUNICATIONS
Peter Dreckmeier, 831 Sutter, Palo Alto, encouraged the District to support Measure th
Devil's Slide tunnel measure in San Mateo County. He provided some history of thr, ,
and passed out a copy of a study done by a Caltrans employee which showed that a
would be growth inducing. He also gave the Board a fact sheet regarding Measure T
asked them to place the matter.on their agenda.
D. Smernoff asked staff to prepare a resolution in favor of Measure T for the next mcx:,af,�
and, with the rest of the Board concurring, that the matter be placed on the next agk. ;1,.,
Board consideration.
IV. ADOPTION OF AGENDA
Motion: W. de Wit moved to adopt the agenda. D. Smernoff seconded the
The motion passed 5 to 0.
330 Distel Circle * Los Altos, CA 94022-1404 Phone:415-691-120Q * FAX:415-691-0485 * E-mail:mrosd@netcom.corr, -,f
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Davio,Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General manager:L.Craig Britton
Meeting 96-19 Page 2
V. ADOPTION OF CONSENT CALENDAR
B. Crowder removed written communications and N. Hanko, removed agenda item 4,
Appointment of Unopposed Ward 3 Candidate J. Edmond Cyr, Jr. and Ward 4 Candidate
Davit T. Smernoff to Four-Year Term a, Ward 3 and Ward 4 Directors from the consent
calendar.
Motion: B. Crowder moved to adopt the Consent Calendar including the minutes of
August 28, 1996 Regular Meeting; agenda item 1, Application to Habitat
Conservation Fund Program for $500.000 to Acquire 481-Acre Lobitos Creek
Headwaters PLQpMy Owned by Peninsula Open Space Trust Adjacent to
Purisima Creek Redwoods QRg—n Space Preserve, including Resolution 96-30,
Approving the Application for Grant Funds for the Local Agency Grant
Program - Fiscal Year 1996-1997 Under the Habitat Conservation Fund
Program of the California Wildlife Protection Act of 1990 for the Following
Project: Lobitos Creek Headwaters (Peninsula Open Space Trust) Acquisition;
agenda item 7, Consideration of Application for Permission to Present a Late
Claim and Claim for Damages Filed by William Lum; agenda ftern 8,
Authorization to Change District's Bank to Mid-Peninsula Bank of Palo Alto
and Designation of Authorized Signatories for District Accounts and for
Entering District Safe Deposit Boxes. including Resolution 96-31, Establishing
Financial Instrument Signatories of the District for Santa Clara County
Accounts, Resolution 96-32, Authorizing Signing and Endorsing Checks and
Other Instruments for General Checking Account (Mid-Peninsula Bank),
Resolution 96-33, Authorizing Signing of Payroll Related Checks for Payroll
Checking Account (Mid-Peninsula Bank), and Resolution 96-34 Authorizing
Telephone Withdrawals, Deposits, and Wire Transfers (Mid-Peninsula Bank);
and Resolution 96-35 Establishing Signatories for Entering Safe Deposit Boxes
(Mid-Peninsula Bank); and Revised Claims 96-16. S. Smernoff seconded the
motion. The motion passed 5 to 0.
VI. WRITTEN COMMUNICATIONS
B. Crowder said she would like the names of those people who had written about bicyclists
on trails added to the list for future Use and Management Committee meetings on trails.
Staff indicated that this automatically occurs.
In addition, B. Crowder asked that the reply to Connie Davis be amended as follows:
• Add the words "Some of" in front of the fifth sentence in the first paragraph.
• Replace "we are committed to providing multiple-use trails" with "our guidelines
permit multiple-use trails under certain circumstances" in the fourth sentence of the
first paragraph.
• Add language to the last sentence of the first paragraph that states that other
information on hikers-only trails can be obtained by calling the District office.
D. Smernoff suggested that the last sentence in the second paragraph of the letter to Mr.
Tom Clifford be changed to read, "We hope you will actively participate in this process" and
that the last sentence in the third paragraph be deleted.
Ak _
#4eeting 96-19 Page ,1
Motion: D. Smernoff moved that the Board approve the responses to written
communications from Mr. Tom Clifford, 375 Poplar Street, Half Moon Bay,
as amended; Matt Hill, Helio Research, P. O. Box 305, Ben Lomond;
George E. Huxtable, 1675 Toyon Court, San Mateo; Mr. Severo Ornstein,
Poon Hill, 2200 Bear Gulch Road, Woodside; and Ms. Connie A. Davis, 414
Bay Road, Menlo Park, as amended. W. de Wit seconded the motion. The
motion passed 5 to 0.
VII. BOARD BUSINESS
i
A. Agenda Item No. 2 - Approval of Amendment to the Use and Management Plan for
Long Ride QWn Space Preserve to Construct a Portion of the Bay Area Ridge Trail
Crossing Portola Park Heights Road: Determination that Project is Categorically
Exempt from CEOA: Waiver of Tentative Adoption of the Amendment: Authorization
for Staff to Contract with Pacific Gas and Electric to Install Electrical Service for an
Electric Gate at the Junction of Portola Park Heights Road and Skyline Boulevard;
and Authorization for General Manager to Execute Indemnification Agreement with
Proper y Owners Holding an Access Easement to their Pro=r y over Portola Park
Heights Road - (Report R-96-98)
M. de Beauvieres reviewed the staff report and pointed out the three trail crossing
alternatives discussed by the Board at an on-site meeting in July. She noted that the
Portola Park Heights Road Committee consisted of Charles Touchatt, Dick Carter,
and John Craig.
C. Britton added that one of the considerations regarding the proposal electric ga
was that homeowners were concerned about someone being injured by the gate while
it opens or closes and they wanted the District to construct and maintain the gate. He
said that S. Schectman had stated that indemnification for third party trail users could
be included in the road indemnity agreement.
T. Henshaw thanked the members of the Road Committee and said that at the end of
discussions there was feeling that the proposal was a compromise solution. She sad
the people who live in Portola Park Heights have had a desire for the gate and this
was a way to accommodate them, adding that in the long run it will be an asset to the
District in that it will be a message that the road is not open to the public. She said
the District has tried through the years to develop a good neighbor relationship w;th,
Portola Park Heights and asked Board members to think about the inconvenie�
having to open and close the gate every time. She said installing the gate shows that
the District hopes to continue to be a good neighbor.
Discussion followed regarding the possible consequences of bringing electriciv,
site of the gate. C. Britton stated that Portola Park Heights residents have
rights to bring electricity in but it would be very expensive, probably hundreds
thousands of dollars.
M. de Beauvieres said that electricity is now on the far side of Skyline Boulez .; .
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Meeting 96-19 Page 4
Because it is in the Skyline scenic corridor, the County will not allow the power to go
overhead, adding this will be a single service for the power to operate the gate.
B. Crowder expressed concern that bringing electricity to the point of the gate would
enable it to be brought in to the Portola Park Heights residents who have wanted it
for years. C. Britton said the District would be putting in the conduit and the
residents have the easements, but this would only be a single service.
Charlie Touchatt, Portola Heights Road, said that the service that would be put in for
the electric gate would not be adequate to go four miles to the homes. He said when
the area was subdivided, electricity would have come in as each parcel was
developed. However, the District bought the parcels and homeowners have to bear
the full cost if they wish to have electricity. He said they are not asking for any more
than was done for their neighbors (the Fowkes). They feel that when the gate opens
and closes the trail, it will relieve some of the safety issues.
C. Britton said he thought the electric gate would benefit the District because some
people do not close the gate after they open it and drive through. Also, when the
gate is open it closes the trail while people pass.
Mr. Touchatt said there is agreement, although not in writing, among most of the
homeowners as to them paying expenses beyond the $10,000 outlay and paying the
monthly utility and ongoing maintenance for the gate.
T. Henshaw assured Board members that Mr. Touchatt and Mr. Carter have the
support of the majority of the Portola Park Heights residents and do not just represent
themselves.
S. Schectman said that there should be a written agreement with Portola Park Heights
residents that they would pick up the rest of cost for the electricity and gate over
$10,000 and would then pay utility and maintenance costs. In regard to indemnity, S.
Schectman stated that the concern is about injuries to third party trail users by the
gate opening or closing. She said if the Board is disposed to grant the
indemnification for the road conditions, she thought the risk of someone being injured
by the gate is so minimal that it is not a substantial expansion of District liability.
She said that there are various approaches but the District would want to have the
certainty of having some responsible party agree to the maintenance and electricity
costs for the gate in the future.
B. Crowder stated that she liked the relocation of the trail nearer to the road and
thought the Board should approve that so construction can take place as soon possible.
She expressed reservations about the electric gate and would like to leave that out of
their approval at this time.
N. Hanko said that usually matters that have the kind of discussion taking place at this
meeting require a second reading but she was concerned that it might delay
construction of the trail this year.
Meeting 96-19 page �
T. Henshaw said the ad hoc committee had been appointed to work with
representatives from Portola Park Heights to talk about the indemnification issue ;i
the talks progressed beyond that to the trail and the electric gate. She assured th
Board that this is a total package which had been worked out as a compromise. She
felt strongly that staff could work out the details of who needed to sign the
agreement.
Discussion followed regarding continuing the matter to a meeting when P. Siemens
and M. Davey will be present. S. Schectman said from a legal standpoint the matter
could be continued or its parts acted on separately.
C. Britton said he did not believe it would be in the best interests of the District to
separate the two items and suggested that if a majority of the Board did not support
the package, the entire matter should be continued.
William Obermeyer, Portola Park Heights, said he did not think there is anyone;
his community who is not in favor of open space. They are already preserving
private open space. He said he agreed with C. Britton that no one could afford to
bring electricity in because the District owns the first mile of road, so bringing the
power across the street is incidental. He said everyone uses generators and bringi-u
in electricity would be an asset to the community and he thought to the District as
well. He said that while he has disagreed with actions the District has taken, he does
support open space. He referred to page 2, paragraph 3, of the staff report and said
there had been no chance for the property owners association to vote on the
proposal. He said that unless the liability issue is addressed, they would not approv
it, adding the Road Committee has no authority to speak for the owners who are not
members of the homeowners association. As for trail construction, he did not
understand the need for beginning it so soon. In regard to future trail crossings
would like this resolved. He said a paralegal hired by him had been told by a { .
and a ranger that the road was a public road. He said his agreement was for a
private maintenance agreement for a private road. The maintenance agreement must
be altered to relieve him of all liability for the road and the gate the public will b
using or there will be no resolution to the problem. He said he did not think the
District would have to spend $10,000; he thought people would contribute and thaf
Bill Sorich has offered to construct the gate to the District's specifications. He
thought it could be arranged that the homeowners association would pay the m o, 4a
electric bills without being held liable. He said he expected there to be more
alternatives offered and changing the maintenance agreement is the only way to
resolution. Regarding CEQA compliance, he said this is a new installation, not a
conversion and the trail crossing is a change of use from private residential to Pi
major, public trail and Section 15304 does not apply. He repeated that proper
owners should have had chance to vote on the proposal.
S. Schectman stated that the indemnification agreement is proposed to protect Cbe
property owners from a lawsuit due to an injury to a third party trail user; this oia
include injuries from the gate as stated in the staff report. While the proper
I
Meeting 96-19 Page 6
association may have internal procedures to get approval to pay for the electricity and
the maintenance of the gate, it is irrelevant to the District. She said what the Board
would want is a written agreement with sufficient responsible parties, so they are
guaranteed that someone has taken responsibility for maintenance and electricity.
S. Schectman confirmed that the indemnification and defense obligations assure that
no matter who builds or maintains the gate or road, if a third party trail user is
injured as a result of the road surface or the gate condition, the District handles the
lawsuit no matter who they sue.
Mr. Touchatt said they had polled the people in the road association and the majority
agree that the agreement that has been worked out satisfied most of their concerns.
He said most projects done in their community are done on a volunteer basis. He
said he would be personally responsible to collect or pay the funds for maintenance
and electricity for the gate. Regarding B. Crowder's concern, he said he felt he and
his neighbors are the unpaid custodians of the whole area. While they have
differences of opinion, they still support the District.
Motion: T. Henshaw moved that the Board determine that this project is exempt
from the California Environmental Quality Act; adopt an amendment to
the Use and Management Plan for Long Ridge Open Space Preserve to
construct a portion of the Bay Area Ridge Trail, crossing Portola Park
Heights Road approximately 30 feet west of the existing gate location;
waive the tentative adoption of the amendment in order that the trail
connection may begin prior to the onset of winter rains; authorize staff
to contract with Pacific Gas and electric to install electrical service for
the purpose of serving an electric gate at the junction of Portola Park
Heights Road and Skyline Boulevard; and authorize the General
Manager to execute the Indemnification Agreement (which would
include the gate) on behalf of the District with any interested property
owner holding an easement for access to their property over Portola
Park Heights Road. The motion died for lack of a second.
T. Henshaw stated she would like to continue the matter until all members are present
and to delay any further discussion.
M. de Beauvieres clarified that by working with PG&E to bring the power to the gate
location, the District is not doing anything that the community could not do.
J. Escobar said even if the Board approves this and the conduit could be used by the
residents, it would reduce a several hundred thousand dollar project by only $10,000.
Motion: B. Crowder moved that the Board determine that this project is exempt
from the California Environmental Quality Act; adopt an amendment to
the Use and Management Plan for Long Ridge Open Space Preserve to
construct a portion of the Bay Area Ridge Trail, crossing Portola Park
Heights Road approximately 30 feet west of the existing gate location;
i
Meeting 96-19 Page 7
waive the tentative adoption of the amendment in order that the trail
connection may begin prior to the onset of winter rains; and authorize
the General Manager to execute the Indemnification Agreement on
behalf of the District with any interested property owner holding an
easement for access to their property over Portola Park Heights Road.
The motion died for lack of a second.
C. Britton said the Board's ad hoc committee had worked very hard with the Portola
Park Heights representatives and the indemnification agreement does offer protection
for them. He suggested that if the Board did not want to go ahead with all five
recommendations, they continue the matter. He urged them to approve the
recommendations and offered to talk to Portola Park Heights about other issues, such
as annexation to the District.
N. Hanko she was convinced that the gate would be a benefit to the District even
though it is an expense and she would want a written agreement as to the maintenance
and electric bill. She agreed that the location of the trail is good.
Motion: N. Hanko moved that the Board determine that this 'roect is exempt
project
from the California Environmental Quality P Act; adopt an amendment to
the Use and Management Plan for Long Ridge Open Space Preserve to
construct a portion of the Bay Area Ridge Trail, crossing Portola Park
Heights Road approximately 30 feet west of the existing gate location;
waive the tentative adoption of the amendment in order that the trail
connection may begin prior to the onset of winter rains; authorize staff
to contract with Pacific Gas and electric to install electrical service for
the purpose of serving an electric gate at the junction of Portola Park
Heights Road and Skyline Boulevard; and authorize the General
Manager to execute the Indemnification Agreement (which would
include the gate) on behalf of the District with any interested property
owner holding an easement for access to their property over Portola
Park Heights Road. T. Henshaw seconded the motion.
Motion to
Amend: D. Smernoff moved that the Board amend the motion to include that
authorization for PG&E to install electrical service be contingent upon
signing a maintenance agreement for the gate and electricity with some
responsible party.
Discussion: D. Smernoff said this is not the alignment he would
prefer but he would support it. He requested the maintenance
agreement will be brought back to the Board as an information item.
T. Henshaw seconded the motion to amend. The motion passed 5 to 0.
The original motion as amended passed 5 to 0.
There was a recess from 8:57 P.M. to 9:02 P.M.
I_
Meeting 96-19 Page 8
B. Agenda Item No. 3 - Approval of General Parameters for Future Planning and
Development of a Three-Quarters Mile Segment of the San Francisco &Y Trail
Around Stevens Creek Shoreline Nature Study Area Over Lands of NASALAMES
fflogrt R-96-95)
D. Woods presented the staff report and noted that staff is not proposing construction
of the trail at this time.
B. Crowder congratulated D. Smernoff for his work on this project.
Motion: D. Smernoff moved that the Board approve, in concept, the general
parameters for future planning and development of a 3/4 mile section of
the San Francisco Bay Trail around Stevens Creek Shoreline Nature
Study Area over lands of NASA/Ames. T. Henshaw seconded the
motion. The motion passed 5 to 0.
C. Agenda Item No. 4 - Appointment of Ung=sed Ward 3 Candidate J. Edmond Cyr.
Jr. and Ward 4 Candidate David T. Smernoff to Four-Year Term as Ward 3 an
Ward 4 Directors.- (Report R-96-M
N. Hanko said she had removed this item from the consent calendar since it involved
the appointment of Directors.
Motion: T. Henshaw moved that the Board adopt Resolution 96-36, a Resolution
of the Board of Directors of the Midpeninsula Regional Open Space
District appointing J. Edmond Cyr., Jr. as Director, Ward 3. D.
Smernoff seconded the motion. The motion passed 5 to 0.
Motion: N. Hanko moved that the Board adopt Resolution 96-37, a Resolution
of the Board of Directors of the Midpeninsula. Regional Open Space
District appointing David D. Smernoff as Director, Ward 4. B.
Crowder seconded the motion. The motion passed 5 to 0.
D. Agenda Item No. 5 - Authorization to Waive Further Bidding on -Weeks Road
Maintenance Project at La Honda Creek Qwn Space Preserve: Approval of$35.000
Construction Contract for a Road Maintenance Project with AndersonPacific
Engineering Construction. Inc. of Santa Clara: and Authorization for General
Manager to Enter Into Use and Maintenance Agreement with Neighboring I!r=
Owner - (Report R-904 J
R. Anderson presented the staff report and answered questions regarding why a
portion of the road should be paved. He said this portion is wetter than the rest of
the road and staff believed paving it is the best solution toward making it an all
weather surface. The rest of the road is not paved.
C. Britton clarified that the recommendation to waive further bidding and to contract
with Anderson Pacific Engineering Construction, Inc. for a reduced scope road
Meeting 96-19 ?agc 9
4ft,
maintenance project is contingent on the execution of an agreement with the Paul';i,i
regarding the use and maintenance of the road.
S. Schectman said one of the outstanding issues was the weight of trucks permittod cn
the road and there is disagreement to what extent current truck use contributed to ait,
problems. She said staff will try to reach an agreement on this issue.
Motion: W. de Wit moved that the Board authorize the General Manager tc sign
an agreement with adjacent property owners (Paulin) regarding use an6JI
maintenance of the road consistent with the terms of the agenda report,
and waive further bidding on the project and authorize the Genenil
Manger to sign a construction contract for a reduced scope road
maintenance project with Anderson Pacific Engineering Constructimi,
Inc. in the amount of$35,000.00 contingent upon the execution of the
agreement with the Paulins. T. Henshaw seconded the motion. The
motion passed 5 to 0.
E. Agenda Item No. 6 - Adoption of Resolution Qopgsing San Mateo Countyls—M u'rt-
of VpMr Alpine Road East of Skyline Boulevard - (Report R-96-92
B. Crowder noted that the word "close" in the first line of staff s recommendation
should be changed to "abandon."
Motion: B. Crowder moved that the Board adopt Resolution 96-38, a ResolutJnr
of the Board of Directors of the Midpeninsula Regional Open Spac&
District, Urging the San Mateo County Board of Supervisors to
Continue County Responsibility for and Maintenance of Upper Alpine,
Road. D. Smemoff seconded the motion. The motion passed 5 to 0.
VIII. INFORMATIONAL REPORTS
N. Hanko said that she expects to have a management agreement with the City of Palo Alto
regarding the property exchange and that she had talked to Joe Simitian about having the
bench for Stanley Norton on the City's old property, adding he agreed it was a good idea.
She said she would like to be assured that the property where the bench is located had pubbr,
access. C. Britton said he will be meeting with Palo Alto staff on November 7 regarding
exchange.
B. Crowder reported on being one of the easement monitoring teams from POST which
annually monitors easements on and adjacent to District land; on the Committee for Green
Foothills fundraising event at Pigeon Point Lighthouse; and said the Use and Management
Committee had met about dog access at Windy Hill Open Space Preserve. She said the
committee's recommendation will be coming to the full Board at the October 23 meetiq
W. de Wit said the California League of Conservation Voters had recently inducted t(A T'
people, including N. Hanko, into their Hall of Fame, noting he, M. Davey, C. Britton,
D. Smemoff attended the ceremony. N. Hanko displayed the certificates she received,
Meeting 96-19 Page 10
C. Britton said the Hidden Villa dinner and awards ceremony would be on Saturday,
September 28.
C. Britton reported on: the letter from REI thanking District employees; the summary on
property taxes including an analysis of AB8; there will be no supplemental ballot for the
November election and so no park bond act; SB 1838, the alternative funding mechanism for
San Mateo County, failed to get through with the proper amendments; Ralph Heim will
address the Board on December 11; the San Jose Mercury News changed its endorsement to
Joe Simitian for Santa Clara County Board of Supervisors; POST is also monitoring District
easements; an invitation to the dedication of a Bay Area Ridge Trail segment; the October 6
Deer Hollow Farm annual dinner; the Special Districts Association meeting for Santa Clara
County and the Five Year Plan for the Open Space Authority; POST's inauguration for their
$28.5 million fundraising campaign; and a letter in the FYIs about the Russian Orthodox
church proposal.
N. Hanko reminded Board members of the staff appreciation celebration on September 27
and said she would not be attending the October 9 Regular Meeting.
J. Escobar said that Saturday, September 28 will be the first of four work projects at El
Corte De Madera organized by ROMP, with staff will provide supervision. He said the rock
climbing workshop for the Use and Management Committee will be Wednesday, October 2,
at 7:00 p.m.
Patty Ciesla, member of ROMP, said she was excited about the trail building project and
said 20 members will be there for the first session; they have 120 volunteers who will come
to at least one of the work days. She expressed appreciation to staff. She referred to the
letter from Mr. Clifford and reminded the Board that ROMP is available to help and asked if
it were appropriate to send such letters to ROMP. She thanked the Board for the letter
regarding Alpine Road and said she hoped it would have an impact with the County. Ms.
Ciesla was informed that letters received by the Board are public information and can be
obtained from the District office, and she could contact Mr. Clifford directly.
IX. ADJOURNMENT
N. Hanko adjourned the meeting at 9:47 p.m.
Roberta Wolfe
Recording Secretary