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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-21
SPECIAL AND REGULAR MEETING
_BOARD OF DIRECTORS
October 23, 1996
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I. ROLL CALL
President Nonette Hanko called the meeting to order at 6:34 p.m.
Members Present: David Smernoff, Mary Davey, Betsy Crowder, Peter Siemens, Nonette
Hanko, and Wim de Wit, Teena Henshaw arrived at 6:40 p.m.
Members Absent: None.
Staff Present: Craig Britton, Sue Schectman, Jean Fiddes, Randy Anderson, and Mike
Williams.
II. CLOSED SESSION
N. Hanko stated that the Board would adjourn to Closed Session for the purpose of
discussing Closed Session Agenda Items 1 and 2.
The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at
6:37 p.m. The Board adjourned the Special Meeting at 7:25 p.m. and N. Hanko called the
Regular Meeting to order at 7:32 p.m.
Additional Personnel Present: Malcolm Smith, Annette Coleman, Mary de Beauvieres, Jodi
Isaacs, David Sanguinetti, Judy Law, John Johnigan, Michael Bankosh, and Kristi Alfieri.
III. ORAL COMMUNICATIONS - None.
IV ADOPTION OF AGENDA
Motion: M. Davey moved that the Board adopt the agenda, P. Siemens seconded the
motion. The motion passed 7 to 0.
V. SPECIAL ORDER OF THE DAY
A. Coleman introduced John Johnigan who has been hired as full-time Farm Maintenance
Worker at Deer Hollow Farm and Michael Bankosh the new Open Space Technician at the
Foothills Area. M. Smith introduced Kristi Alfieri, the new Public Affairs Assistant. Board
members welcomed the new employees.
330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 415-691-1200 . FAX:415-691-0485 . E-mail: mrosd®netcom.com �9
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
Meeting 96-21 Page 2 .
VI. ADOPTION OF CONSENT CALENDAR
B. Crowder asked that written communications be removed from the Consent Calendar.
Motion: D. Smernoff moved that the Board approve the Consent Calendar including the
minutes of October 9, 1996 Special and Regular Meeting; and Revised Claims
96-18. B. Crowder seconded the motion. The motion passed 7 to 0.
VIL WRITTEN COMMUNICATIONS
B. Crowder commended staff on the reply to Mr. Jobst Brandt which summarized the action
taken about the gate on Portola Park Heights Road. In regard to the map included with the
letter to Mr. Severo M. Ornstein, she said it did not include the former McDonald property
addition. B. Crowder also noted that the letter mentions bicycle use and the District does not
allow bicycles on La Honda Creek at this time. N. Hanko said she will work with staff
regarding the map and content of the letter.
N. Hanko mentioned that there were letters related to agenda items 1 and 2 which should be
considered when these items were discussed.
Motion: B. Crowder moved that the Board approve the responses to written
communications from Mr. Severo M. Ornstein, Poon Hill, 2200 Bear Gulch
Road, Woodside, as amended; Mr. Harry Haeussler, Jr., 1094 Highland
Circle, Los Altos; Mr. Dan S. Bloomberg and Ms. Irene Beardsley, 1013
Paradise Way, Palo Alto; Mr. Jobst Brandt, 351 Middlefield Road, Palo Alto;
Mr. Walter H. Droste, 12475 Skyline Blvd. P. Siemens seconded the motion.
The motion passed 7 to 0.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 - Authorization to Appraise and Initiate Negotiations to Purchase
288-Acre Russian Orthodox Church Convent of Our Lady of Vladimir EjQ2tM o
Hig"w 35 in San Mateo County - M=rt R-96-108)
R. Anderson showed slides of the site of the proposed convent and pointed out the
location on a map. He cited staff's concerns which include visibility, traffic safety,
septic percolation and water use, wildlife habitat, regional trail alignments, the
commercial and agricultural enterprise, and scale of the development.
C. Britton stated that staff had contacted the Catholic Archdiocese of San Francisco,
the prior owners of the property, regarding District interest in seeing the property
remain open space and they said it would remain open space in memory of the person
who had given it to them. He said the District did not think the property was
threatened until staff was contacted by the group who purchased it. Staff was shown
their plans for the convent and indicated that the order of nuns is monastic and would
not appreciate public intrusion. At that time, C. Britton said District staff could go on
the land at any time, but have since been informed that they are no longer allowed
there.
Meeting 96-21 Page 3
R. Anderson pointed out on the plan where the proposed bakery would be located.
C. Britton explained the density credits that would apply to the scenic corridor and
coastal zone and said the rate is about $100,000 per development. He said the
property could be developed more densely than adjacent land. He said staff has
written a letter to San Mateo County asking them to consider dedication of a public
trail and conservation easements during the hearing process for the proposed project.
He also told them the District would be interested in talking about the possibility of
acquisition of the property.
Jessica Agramonte read a petition which contained 229 signatures of people opposed
to the proposed project, 133 of which are from people who live between the property
and Skylonda. She said that these signatures had been collected in only ten days.
C. Britton told the Board that there were 14 additional written communications
regarding this item that had been received since the packet mailing.
The following Woodside residents spoke in opposition to the convent's proposal and
urged that the District preserve the land as open space:
Lee Pitt, 12510 Skyline Boulevard
Betty-Anne Stenmark, 12970 Skyline Boulevard
Robert Pelzar, 12960 Skyline Boulevard
Dave Perrone, 316 Ridge Road
Jeanne Bell, 12130 Skyline Boulevard
In addition, several people in the audience indicated by a show of hands that they
supported acquisition of the property by the District.
B. Crowder said she had visited the Bells and viewed the project site. Mrs. Bell
indicated that other Board members were welcome to come to her home to view the
site.
Motion: N. Hanko moved that the Board authorize the General Manager to
retain an appraiser to prepare an appraisal of the subject property and
authorize staff to initiate negotiations to purchase the property. B.
Crowder seconded the motion. The motion passed 7 to 0.
C. Britton clarified for those present that the Board's action is to obtain an appraiser
and attempt to negotiate to purchase the property and is just a first step. He said the
Board has made no decision to acquire the property.
Board Members P. Siemens and N. Hanko stated that the District has a published
policy limiting the Board relative to the use of eminent domain and had worked with
the Kings Mountain Association to develop the policy. C. Britton said copies of the
policy are available from the Bells or staff will send it upon request.
Meeting 96-21 Page 4
N. Hanko called a recess at 8:27 p.m. and the meeting reconvened.
B. Agenda Item No. 2 - Recommendations on Additional On-Leash Dog Access and
Monitoring of Dog Use at Windy Hill QRgn Space Preserve Including Qpoipg
Hamm's Gulch Trail and a Portion of Lost Trail to Does on Leash for a One-Year Period and Determination that REQWsed Actions are Categorically Exempt from
CEQA - MQgrt R-96-10
B. Crowder presented the committee's report. R. Anderson showed a map indicating
the location of the preserves allowing dogs on leash. B. Crowder highlighted issues
considered in evaluating dog access on the trails. She explained that her dissenting
vote on the committee was because of(a) the narrow access on the Hamm's Gulch
Trail, and (2) dogs use trails where they are not allowed and are often without a leash
on the trails where they are allowed.
W. de Wit and D. Smernoff explained the majority vote of the Committee. D.
Smernoff said he hoped to see increased compliance from trail users and increased
activity from PADS to help elevate that compliance. He said his primary concern
was protecting wildlife and natural resources and the trial period will need to include
assessment measures to determine if there is an impact on wildlife.
D. Sanguinetti said staff's main concerns were the difficulty for them to patrol and
monitor Hamm's Gulch for compliance, protection of wildlife, and the unknown
impact factor regarding the new parking lot at Windy Hill. Staff prefers to wait until
after the parking lot opens and see how the uses increase and/or change. He said
Spring Ridge Trail is more easily controlled and is a more appropriate area to open
for dogs. In regard to off leash areas, he said it would be difficult to put borders
around an area and there would be an impact on wildlife.
Discussion followed regarding permitting dogs on the portion of Eagle Trail owned by
the District and the potential date for completion of the parking lot.
The following individuals spoke in favor of increased dog access at Windy Hill Open
Space Preserve:
John Carnes, 1755 La Honda Road, #95, Woodside, representing Peninsula Access
for Dogs (PADS); Wayne Behrens, I IC-01 Star Route Box 90A, Skylonda; Chris
Carter, 237 Canyon Drive, Portola Valley; Roger Lanser, 225 Portola Road, Portola
Valley; Kathleen Hart, Menlo Park; Gail Laroch; Lissa Menge, 193 Portola Road;
and Dan Bernstein, Redwood City.
The following individuals spoke against increasing dog access at Windy Hill Open
Space Preserve:
Linda Elkind, 14 Hawk View, Portola Valley; Richard Anderson, 2 Sandstone,
Portola Valley; and Dorothea Nell, 2 Valley Oak, Portola Valley;
Harry Haeussler, 1094 Highland Circle, Los Altos, said he rides his horse at Windy
Hill. He asked where Eagle Trail is on District property and said he was neutral on
the issue of dogs on District property.
Meeting 96-21 Page 5
40
N. Hanko stated she would like to wait until after opening of the Windy Hill parking
lot to increase'dog access at the preserve.
T. Henshaw said she felt the District had a strong obligation to different user groups
who have worked with the District and are attempting to educate other users. She
said she is supportive of opening these and other trails to dogs.
P. Siemens said he would like the volunteers to tabulate more evidence of impacts and
compliance before the District opens additional areas.
M. Davey commended PADS for helping the District educate users and is confident
they will continue to help.
Motion: M. Davey moved that the Board determine that the proposed actions
are categorically exempt under the California Environmental Quality
Act (CEQA) based on the findings contained in the report; tentatively
amend the Use and Management Plan for Windy Hill Open Space
Preserve to open the Hamm's Gulch Trail and the portion of Lost Trail
connected to Skyline parking to dogs on leash for a trial period of one
year; confirm that the District-managed portion of Eagle is open to
dogs on leash in order to be consistent with the portion of Eagle trail
managed by the Town of Portola Valley; actively encourage compliance
with District ordinances by installing clear signage and by having the
Volunteer Coordinator work with dog owner groups, such as Peninsula
Access for Dogs (PADS), to facilitate the presence of volunteers on the
preserves to educate dog owners to keep their dogs leashed, and only
on dog-permitted trails; direct staff to take measures to assess the
impact of dog use on the trails; and direct the Use and Management
Committee to reassess dog access on these trails after approximately
one year. D. Smernoff seconded the motion.
P. Siemens offered an amendment to Recommendation No. 3 to state
that the use on the District portion of Eagle Trail would be consistent
with that of the portion in Portola Valley. Following discussion, he
withdrew the amendment.
H. Hanko proposed that Recommendation No. 6 be amended to read,
"Direct the Use and Management Committee to reassess dog access on
these trails in January, 1998 and report to the Board thereafter." The
amendment was withdrawn following discussion.
The original motion passed 4 to 3 with Board Members Crowder,
Siemens and Hanko voting no.
N. Hanko called a recess at 9:50 p.m.
C. Agenda Item No. 3 - Proposal to Charge Use and Management Committee to Study
the Wilderness Experience Trail Use Policy and Propose Methods for Implementation
to the Board - (Lt=rt R-96-110)
Meeting 96-21 Page 6
p
N. Hanko presented her report and Directors Crowder, Davey, and Henshaw
expressed approval for the proposal.
Berry Stevens, representing ROMP, said they are not against the proposal in concept
but need to know what impact it would it have on access to trails. He said he is
amenable as long as there is no negative impact on current uses.
Harry Haeussler said the trails are much busier on Saturdays than during the week.
Motion: M. Davey moved that the Board charge the Use and Management
Committee with the study of the policy regarding wilderness experience
and return to the Board with methods for implementation; and direct
staff to include this charge in their 1997 work program, Action Plan,
and budget. D. Smernoff seconded the motion. The motion passed 7
to 0.
D. Agenda Item No. 4 - Approval of Settlement Agreement between the District and
Diane Holmes and Authorization for General Manager to Execute Agreement ffl=
R- 113
S. Schectman presented the staff report and said that the cash settlement agreement
will resolve the dispute over patrol access to property owned by Mrs. Diane Holmes
which is adjacent to the El Sereno Open Space Preserve. She pointed out the area on
a map. She said the settlement provides access for patrol maintenance, repair, and
emergencies only, not a public trail.
Motion: M. Davey moved that the Board approve the settlement agreement
between the District and Diane Holmes in the matter of Midpeninsula
Regional Open Space District vs. Holmes, Case No CV-755057; and
authorize the General Manger to execute the settlement agreement in
behalf of the District and that minor revisions may be approved by
District Legal Counsel and the General Manager. D. Smernoff
seconded the motion.
Discussion: S. Schectman said the easement will be recorded. Staff
pointed out the location of Ms. Holmes house on the map.
Diane Holmes, 19340 Overlook Road, Los Gatos, discussed her
concerns regarding her involvement with the District on this matter.
S. Schectman said there are strong feelings on both parts but staff feels
this is a reasonable compromise, noting staff spent a lot of time looking
at alternative routes which were not practical as they were expensive
and physically difficult to accomplish.
D. Holmes invited Board members to visit her property ro to see what
P Pe they are asking her to give up.
Bill Sorenson, said he also lived at 19340 Overlook Road, Los Gatos,
Meeting 96-21 Page 7
410
and pointed out what he felt were alternate routes on a map and
questioned why they had not been used.
Ms. Holmes asked what would happen if she did not agree to the
settlement. S. Schectman said Ms. Holmes should consult her attorney.
The motion passed 7 to 0.
E. Agenda Item No. 5 - Authorization to Hire Plant Ecologist Consultant Tamara Kan
for a District de Invasive Exotic Plant Inventory for $15,000 and Determination
that Project is Categorically.. Exempt from CEOA - (RgWrt R-96-109)
J. Isaacs highlighted the staff report and said Ms. Kan's qualifications are known
based on the previous work she had done for the District.
Motion: M. Davey moved that the Board determine the proposed project is
categorically exempt from the California Environmental Quality Act
(CEQA) based on the findings contained in the report and authorize
staff to hire Tamara Kan, a plant ecologist consultant, for a District-
wide invasive exotic plant inventory, with a budget of $15,000. D.
Smernoff seconded the motion.
Discussion. N. Hanko expressed concern regarding control of
baccharis at Monte Bello Open Space Preserve. She was informed that
this will not be specifically addressed in the inventory and will need to
be addressed in grassland resource management studies.
The motion passed 7 to 0.
F Agenda Item No. 6 - Authorization for General Manager to Contract with Platypus
Studio for $54.132 to Fabricate and Install Phase I and H Exhibits at David C.
Daniels Nature Center at Skyline Ridge QWn Space Preserve - (R=rt R-96-112)
M. de Beauvieres presented the staff report.
B. Crowder said she thought the contract amount was too high despite gifts and
donations. She said the District is an open space agency and other groups should be
doing the development of the nature center and environmental education.
T. Henshaw said she saw environmental education as one of he District's
commitments and that the process of educating the public is crucial. N. Hanko
agreed and said it was always intended that the public be educated on what the
District is doing because the future depends on their understanding of what open
space protection of wildlife is.
M. de Beauvieres informed the Board that when this current project is complete only
Phase RI will remain. She talked about how the various moneys, including donations,
are committed. She said staff is not sure they want to complete some of the items
listed under Phase III construction. She clarified that Platypus will be designing but
not building the deck. It will be a separate contract with a local contractor.
Meeting 96-21 Page 8
M. de Beauvieres said the displays around the pond should be included in the Phase
III list.
W. de Wit said the District is uniquely situated to provide education and is well-
organized to do so.
D. Smernoff requested that staff pursue the possibility of using recycled lumber for
the deck and T. Henshaw requested that staff adjust the cleaning schedule to
accommodate field trips at more convenient times for schools.
Motion: T. Henshaw moved that the Board authorize the General Manager to
contract with Platypus Studio for $54,132.00 to fabricate and install
Phase I and II exhibits for the David C. Daniels Nature Center at
Skyline Ridge Open Space Preserve. W. de Wit seconded the motion.
The motion passed 7 to 0.
G. Agenda Item No. 7 - Award of Bid for Homestead House Renovation at Picchetti
Ranch and Authorization for General Manager to Enter into Contract for the Work -
WQgrt R-96-111 and 11A�
J. Law presented the revised staff report and explained the reasons staff was
recommending the Board allow the K-4 Construction bid to be withdrawn.
Motion: T. Henshaw moved that the Board permit K-4 Construction of Santa
Cruz to withdraw its bid of$28,000 for restoration of the Homestead
House at Picchetti Ranch, determine that it is in the District's best
interest to accept the second lowest responsible bid of$42,070 from
Kal Construction of Santa Clara for restoration of the Homestead House
at Picchetti Ranch, and authorize the General Manger to enter into a
contract with Kal Construction for performance of the work. D.
Smernoff seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL REPORTS
B. Crowder reported on Anna Eshoo's recent event attended by several Board members. She
suggested that the District monitor the general plan hearings being conducted in East Palo
Alto. She said she, C. Britton, and M. de Beauvieres had met with Portola Valley staff
regarding the Windy Hill parking lot.
N. Hanko said she had received a call from Professor Frank Schiavo of San Jose State who
had requested information regarding volunteer intern jobs for his students. J. Fiddes said
staff will contact him.
D. Smernoff said he had accompanied staff on October 12 when they were roughing in a
portion of the Leaf Trail at El Corte de Madera, adding November 7 and 16 are the next
scheduled work sessions on the trail.
T. Henshaw said Ranger Phil Hearin attended Harvest Day at Duveneck School and she will
provide pictures she took of him in rock climbing gear to M. Smith.
Meeting 96-21 Page 9
P. Siemens said he was impressed with the trail work that has been done at St. Joseph's Hill
Open Space Preserve. He said after visiting Purissima Creek Redwoods Open Space
Preserve he was glad the Board is looking at trail policies because of apparent violations by
bicyclists.
C. Britton reported on the following: 1. Memo from Resource Management S ialist Jodi
Isaacs on the coyote blood sampling. 2. Controller's reply to audit management letter. 3.
Notice from state regarding an award to the District of a $73,000 grant for El Corte de
Madera. 4. Attendance by himself and M. Williams at the Land Trust Rally in Vermont.
5. Slide presentation by at the November
ber 13 meeting on trail cons
truction
progress
re ss at
El Corte de Madera Creek Open Space Preserve.
S. Schectman said staff has executed an agreement with the Paulins regarding the Weeks
Road project; they have received a check and have agreed on the weight of trucks. She also g g o
reported that another claim for a bicycle accident had been received, and it will be on the
November 13 consent calendar for the Board's denial. She informed the Board of the
process in regard to denying claims.
M. de Beauvieres said November 2 is a volunteer event on the Leaf Trail extension at El
Corte de Madera Creek Open Space Preserve and on November 16 they will be working on
drainage features on the trails to be followed by a ribbon cutting ceremony at 3:30 p.m.
N. Hanko said she had received a call from Diane Feinstein's office informing her that the
Senator does not support grants unless they are on the Federal level.
IX. ADJOURNMENT
The meeting was adjourned at 11:00 p.m.
Roberta Wolfe
Recording Secretary
i