HomeMy Public PortalAbout19961211 - Minutes - Board of Directors (BOD) Regional Open S, ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 96-23
REGULAR MEETING
BOARD OF DIRECTORS
December 11, 1996
MINUTES
I. ROLL CALL
Vice President Mary Davey called the meeting to order at 7:31 p.m.
Members Present: David Smernoff, Mary Davey, Betsy Crowder, Peter Siemens, Wim de
Wit, and Teena Henshaw. N. Hanko arrived at 7:33 p.m. and chaired the meeting.
Staff Present: Craig Britton, Jean Fiddes, Sue Schectman, Randy Anderson, Del Woods,
John Escobar, Malcolm Smith, Mike Williams, Ryan Smith, and Deirdre Dolan.
II. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highland Circle, Los Altos, requested that Board members speak into
their microphones and commented the El Camino Hospital has a very good amplification
system in its Board room.
III. ADOPTION OF AGENDA
Motion: P. Siemens moved that the Board adopt the agenda. T. Henshaw seconded the
motion. The motion passed 7 to 0.
IV. SPECIAL ORDER OF THE DAY
J. Escobar introduced Ryan Smith, Equipment Mechanic Operator. Board members
welcomed him.
V. ADOPTION OF CONSENT CALENDAR
C. Britton removed agenda item 7, Cancellation of December 25 Regular Meeting and
Scheduling of December 18 Suecial Meeting.
Motion: W. de Wit moved that the Board adopt the Consent Calendar, including the
response to the written communication from Mr. Jobst Brandt, 351 Middlefield
Rd., Palo Alto, CA 94301; minutes of the November 13 Regular Meeting;
agenda item 5, Incorporation of Previously Adapted Revisions to the
Personnel Policies and Procedures Manual for Office Supervisory. and
Management Staff; agenda item 6, Authorization for General Manager to
Execute Agreement with Nationwide Companies of Naha to Auction Surp�lus
Vehicles: and Revised Claims 96-21. P. Siemens seconded the motion. The
motion passed 7 to 0.
330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd®netcom.corn 0
Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit
Genera!Manager:L.Craig Britton
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Meeting 96-23 Page 2
V. BOARD BUSINESS
A. Agenda Item No. I - Legislative Briefing by Ralph- Heim of Heim. Noack & Sohn
of Sacramento - (ReWrt R-96-128)
Mr. Heim discussed the outcome of November's election and the upcoming legislative
session. He presented an overview of the issues worked on in 1996 and highlighted
the following:
0 State budget - passed reasonably on time
0 33 new legislators because of term limits
0 Constitutional Revision Commission - does not exist but there is a non-profit
group which has been formed by some of the members
0 Park bond measure
0 New Senate Commission on Environmental Quality chaired by Byron Sher
0 Concern about current property tax formula (AB 8, ERAF and Special District
Augmentation Funds)
0 Proposition 218 - working group to look at issues that need resolving; all
implications need to be known
0 Feeling of bipartisanship among 33 new members
0 Welfare reform discussions could set the tone for the whole budget year
0 Term limit suit - should soon have life limit ruling
No action was required by Board Members.
B. Agenda Item No. 2 - Certification of Election Results of Ward 7 and Administration
of Oath of Office for Directors Cyr (YxA 3). Smernoff Oya A 4) and Nitz OY-4d
M=rt R-96-122)
J. Fiddes announced the results of the election.
Motion: P. Siemens moved that the Board determine and accept the certified
election results from the Registrar of Voters for San Mateo County to
be the final results of the Ward 7 election and declare Kenneth C. Nitz
elected to the office of Director, Board of Directors, Nfidpeninsula
Regional Open Space District, Ward 7, and authorize the secretary of
the District to issue a certificate of election to Director Nitz. T.
Henshaw seconded the motion. The motion passed 7 to 0.
J. Fiddes administered the Oath of Office to Directors Cyr, Smernoff, and Nitz. The
new Board Members will take office on the first Monday in January.
C. Agenda Item No. 3 - Authorization LQ Refer Additional Dog Access at Windy Hill
QWn Space Preserve Back to Use and Management Committee for Additional
Consideration - (ftort R-96-130)
R. Anderson presented the staff report.
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B. Crowder said Dr. Goudy had submitted a large amount of data. She said the
concerns have bearing not only for Windy Hill but for future use and management
plans where dogs might be a recommended use. She concurred with staffs
recommendation.
D. Smernoff asked staff to show where the springs are located. R. Anderson said he
would be visiting the preserve to locate the springs and accepted a map from Dr.
Goudy which showed some of them.
W. de Wit said he had read the information and quoted from an article in the Hidden
Villa Newsletter regarding a water survey. He said he thought that people who live
near the preserve and drink untreated water may be acting irresponsibly. He referred
to the letter from the Thurbers and suggested that the PADS people make a concerted
effort, particularly at Windy Hill, to tell and show people that they must keep dogs on
leash and pick up their droppings.
Dr. George Goudy, 5070 Alpine Road, Portola Valley, said the water had been used
domestic purposes for 70 years. He did not see why people should stop using it
because people want to bring dogs on the trail and what residents do with the water is
their business. He said he did not drink the water because he did not think it was a
good idea, noting bringing in city water would be prohibitively expensive. He
commented on the letters from the Wallaces and said people should make sure their
arguments are presented in a scientific way. He said wild animals are a problem they
have to put up with and suggested that the area be posted.
Linda Cohen said there is a need for more trails for dogs and she thought a study
would be fine. She had done some research and had found nothing regarding dog use
that upset the environment. She said a lot of people want to use the trails in different
ways and she hoped there can be fair and balanced management.
John Carnes, 1755 La Honda Road #95, Woodside, a member of PADS, said his
point was that either the residents are imprudent, drinking untested and untreated
water, or they are already taking measures that would protect their families from
contamination. In either case the dog access question is moot. He said the Use and
Management Committee had unanimously recommended that the entire Windy Hill
Preserve be opened to dog access and if the Board refers this issue back to Committee
it will delay what has already been studied for three years. He listed the diseases that
can potentially be spread from animals to humans and said that humans are a
significant reservoir for potential disease transmission. He expressed concern about
the development of evaluation criteria and said they were meeting with staff on this
matter.
B. Crowder noted that she had never voted in favor of having dogs on the trail at
Windy Hill and never would.
I
Ken Broome, 100 Rocky Creek Road, Woodside, said he believed that the risk of
contamination from wildlife is far greater than from domestic animals. The subject
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Meeting 96-23 Page 4
has been studied at great length and he asked the Board to consider whether Dr.
Goudy's information is sufficient justification to postpone a decision one more time.
Melissa Menge, 193 Portola Road, Portola Valley, supported dog use and said it is
obvious that some people do not like dogs, but she found it hard to believe that the
majority feels that way.
Walter Gill, 4662 Alpine Road, Portola Valley, said he runs at Windy Hill and other
preserves. He had no strong objections to dogs if they are leashed and under control,
but he sees very few dogs that are on leash. He said the issue is enforcement of
existing ordinances and until the District has the resources to enforce existing
ordinances it is ridiculous to consider more restrictions.
Jim Cook, Portola Valley said it is the owner's responsibility to keep their dogs on
leash and clean up after them. He said the issue is integrity which means saying what
you mean and doing what you said, adding this is meant to be a trial period.
Ann McCauley, 1809 Higdon, Mountain View, said she considers herself a
responsible dog owner and hikes mostly in the East Bay because they allow more dog
access. She said she sees more irresponsible dog owners here than in the East Bay
and thinks it is because people follow laws they believe are reasonable.
Motion: B. Crowder moved that the Board refer this issue back to the Use and
Management Committee for consideration of recently submitted
additional information. T. Henshaw seconded the motion.
Discussion: T. Henshaw said her position had not changed and she
hoped that the Board would affirm the position taken previously.
B. Crowder said she wanted this referred back to Committee because of
concerns with water contamination. She said they needed to know who
uses the water from the preserve and she did not agree that the trail
was suitable for dogs because of its narrowness. She stated that she is
a dog lover, but there are seven other preserves open to dogs.
Discussion followed regarding the length of time it would take for a
thorough evaluation and scheduling of first and second readings of the
use and management plan amendment.
S. Schectman said if the plan were changed, there should be two
readings. Following review, the Board can decide if the plan is
identical, in which case they can waive the first reading.
P. Siemens said he did not see the point of putting the decision off any
longer.
M. Davey said there had been time to evaluate Dr. Goudy's
'Meeting 96-23
information and while she respected his position, she would not change
her vote to open up the trail. She recommended that PADS work with
the District to help make sure dog owners are in compliance with
District ordinances.
D. Smernoff agreed with M. Davey and said he did not think further
staff and Board time should be taken on this issue.
W. de Wit said they should proceed with the one-year trial period.
N. Hanko said she was against opening Hamm's Gulch Trail and other
trails because of concern about the impact of the opening of the pa6ing
lot. However, at this time the issue was delaying the decision. She
expressed concern regarding the number of times it had been referred
back to staff. She said she was impressed by the people who came
forward with information about the impact of wildlife on the springs,
but would support a second reading of the use and management plan.
The motion failed on the following vote:
Ayes: B. Crowder and P. Siemens
Noes: T. Henshaw, D. Smernoff, N. Hanko, W. de Wit and M.
Davey
T. Henshaw said she saw no reason to delay the second reading and recommended
having second reading as soon as possible so the trail can be opened and the trial
period can begin.
Motion: M. Davey moved that the Board have a meeting on December 18 and
that this item be agendized as a second reading. T. Henshaw secondod).
the motion. Passed 7 to 0.
There was a recess from 9:00 - 9:14 p.m.
D. Agenda Item No. 4 - Review of Public Notification Procedures Relative to
AgQuisition and Removal of the Barn Structure at Sierra Azul QWn Space2LqKnT
and Notice of Contract Completion for the Structures and Debris Removal Project t
Sierra Azul Omen Space Preserve - (Report R-96-129)
D. Woods presented the staff report and said this is a good time to look at the public
notification and planning process policies regarding improvement.
C. Britton stated there were a number of staff involved in the process and the
structure was located outside the historical district.
N. Hanko asked that staff be available to meet with the appropriate committees t.c
make sure language is included that will take care of this type of problem in the
future.
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Meeting 96-23 Page 6
N. Hanko said she would like to contact the county planning department for help in
developing a better inventory. Also, the notification policy should include neighbors
who often know about the historic significance of structures. She said suggestions
contained in the O'Day's letter should also be considered by the committee.
C. Britton commented that typically on a historic inventory they would not pick up a
barn like this but would tend to look for more important structures. Therefore, part
of the process should be to look for a way to refer a structure that is thought to have
some significance to the historical society to comment on as part of the District's
process.
D. Woods added that the District's policies for improvements on District lands would
have a policy that asks staff to contact organizations such as the historical society in
order to do research on structures like this.
T. Henshaw said she was saddened because of the barn being destroyed, but was
pleased with staffs response in not trying to duck the issue and make excuses.
Motion: P. Siemens moved that the Board refer the review of Public
Notification Procedures to the Legislative, Finance and Public Affairs
Committee and the Planning Policies Relative to the Acquisition and
Disposition of Structures on District Lands to the Acquisition and
Enterprise Committee, and approve the Notice of Completion of
Contract and Acceptance of Work on the Structures and Debris
Removal Project and authorize the President of Board of Directors to
sign the acceptance in behalf of the District. D. Smernoff seconded the
motion.
Discussion; H. Haeussler said he was sorry the barn had been torn
down, but it could have become a safety problem. He suggested that
the District purchase an instrument to indicate the position of property
lines.
Kaydene O'Day, 23960 Alamitos Road, San Jose, had a picture of the
structure. She thanked the Board for meeting so quickly on this. She
said she is an amateur photographer and the barn had been
photographed and painted a lot. She said it seemed that the policy was
only to preserve structures that were income producing or already
recognized by the historical society. Some of the redwood could have
been recycled instead of going to the dump. She said the destruction of
the building caught people off guard and she hoped the District would
reconsider their policy to include scenic buildings even if they are not
recognized as historic. Ms. O'Day gave the picture to the District.
Daniel O'Day, 23960 Alamitos Road, San Jose, said the District had
received some negative public relations following their bringing this
matter to the public eye. He said he thought the District viewed the
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Meeting 96-23 Page
barn as a liability and wanted to get rid of it as quickly and quietly as
possible. He said staff is not qualified to make a determination on
whether a building should come down. He also stated that the permit
was incorrect and he thought staff deceived the Board by calling it an
illegal shed. He supported staff s suggestion regarding expanding
public notice and suggested modification of the wording to include
notification of surrounding property owners, not just adjacent property
owners. He also suggested that when the District acquires property,
they send a letter of introduction to surrounding and pertinent property
owners because they can learn a lot from the neighbors about
archaeological sites, hazardous materials, soil characteristics, presence
of natural springs, structures, among other things. Mr. O'Day said he
would be willing to come to Board meetings where the new language is
discussed and said he had no suggestions regarding specific places the
Board should be paying attention to.
Patrick Congdon, District employee, said he was initially embarrassed
by what had happened but after talking to staff he felt better about it.
He addressed the Board on: 1. Leaving structures as they are and
allowing them to deteriorate from age. 2. Leaving structures because
they are habitat. 3. Regarding the issue of inventorying sites, they are
finding that research that has been done by local universities was not as
conclusive as it should have been. The District should do site surveys
and consult neighbors and past landowners regarding the significance of
the structure to the community.
The motion passed 7 to 0.
E. Agenda Item No. 7 - Cancellation of December 25 Regular Meeting and Scheduling
of December 18 Special Meeting - (Report R-96-124)
a e d l December 25 meeting and stated
C. Britton recommended th t th Boar cancel the g
that a meetinghad been scheduled for December 18 earlier in this meeting.
g
Motion: N. Hanko moved that the Board cancel their December 25 Regular
Meeting and schedule a Special Meeting for Wednesday, December IF,
beginning at 7:00 p.m. D. Smernoff seconded the motion. The motion;.
passed 7 to 0.
VII. INFORMATIONAL REPORTS
B. Crowder reported that she, M. Davey, and D. Smernoff had attended the Rhus Ridge
neighbors meeting last week. She thought J. McCullough's presentation regarding
alternatives for the parking lot had addressed residents' concerns.
B. Crowder said that the San Mateo County Alternative Funding Committee is looking fox
more tax-based support for parks and is trying to form an association similar to the National
Parks Foundation. They will be asking for support from San Mateo County's supervisors to
Meeting 96-23 Page 8
kick off this group.
P. Siemens said he and other Board members had attended Tony Look's reception. He
suggested notifying the Santa Clara County Open Space Authority about the notification
policy change discussed at this meeting.
M. Davey complimented D. Woods and J. McCullough for the staff work at the Rhus Ridge
meeting and said she agreed that the neighbors are pleased with the progress made. They
will petition the Town of Los Altos Hills regarding sheriff patrol on the road. She said she
had also attended Tony Look's reception.
D. Smernoff said an agreement had been signed regarding destruction of structures at
Arastradero Preserve, including a barn; there will be time to remove valuable materials. He
said the barn had been sealed for a long time and there may be an opportunity to dismantle
and rebuild it.
C. Britton reported on: 1. Articles regarding POST acquisition of the 564-acre Gilchrist
ranch which is in the District's Sphere of Influence adjacent to the Russian Orthodox Church
site; 2. Peninsula Conservation League meeting - bill for bond measure for parks and
recreation for $495 million; 3. Open Space Council meeting at which twenty agencies were
represented; the result was to talk to the Coastal Conservancy about expanding their purview
to include the Ridge Trail and connections to the coast and Bay Trail; and 4. B. Crowder
and M. Davey attended some of Art O'Neal's influencing skills sessions; he announced three
sessions in January on the 1 Oth, 17th and 24th, 8:30 a.m.-4:30 p.in. and invited Board
members to attend.
M. Davey commented on the sessions, saying they are excellent and had provided an
additional benefit of getting to know staff.
C. Britton reported that he had attended two year-end celebrations for outdoor education
leaders. He invited Board members to visit the Nature Center to see the progress that has
been made. He also reported that staff had met with the Compton Foundation which has
promised a donation. He said that volunteers staff the Center on Sundays and are hoping to
expand to Saturdays. He said Joyce Nicholas attended both events.
C. Britton announced the Presidents and Board Members Special District Institute February
20-22, and mentioned that it would be appropriate for the new Board members to attend.
VIII. ADJOURNMENT
The meeting was adjourned at 10:07 p.m.
Roberta Wolfe
Recording Secretary