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HomeMy Public PortalAbout19970528 - Minutes - Board of Directors (BOD) 1 1 J A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-13 REGULAR MEETING BOARD OF DIRECTORS May 28, 1997 MINUTES I. ROLL CALL President Mary Davey called the meeting to order at 7:30 P.M. Members Present: Mary Davey, David Smernoff, Betsy Crowder, Ken Nitz, Jed Cyr, and Nonette Hanko. Members Absent: Pete Siemens. Personnel Present: Craig Britton, Sue Schectman, John Escobar, Malcolm Smith, Mary de Beauvieres, Jodi Isaacs, and Gordon Bailey. ORAL COMMUNICATIONS Lennie Roberts, 339 La Cuesta, Portola Valley, legislative advocate for Committee for Green Foothills, a founder of the District in 1972, and a citizen involved in the effort to annex San Mateo County into the District, urged the Board to acquire the 284 parcel that is proposed for development by the Russian Orthodox Church. She stated that the part planned for development is the heart of the site. Colleen Doherty, 70 Ellsworth Street, San Francisco, said she represented the Russian Convent of Our Lady of Vladimir and briefly described the project. She introduced Mother Isihia of the Convent. Mother Isihia said she was speaking on behalf of the Mother Superior, and that the plan was to establish a convent in a monastic setting. She described the tradition and way of life of the order, and spoke of the history of the order. She noted that over the years they have lost property in other countries and had found this property after a ten-year search. Mother Isihia outlined a typical day in the convent. She expressed surprise that there were concerns about their use of the land and said they plan to preserve most of it and would like to work with the District. Mother Isihia described the proposed project and said they are trying to work out what part of the land might be public and what would be restricted for their privacy and safety. She asked that there be a dialogue. Colleen Doherty summarized that there will be 10-20 nuns, it is a contemplative order and not a typical church, and that the project will be clustered so that over 95% will be left as open space. She said if the monastery failed the property, would never be abandoned. i M Distel Circle Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-091-0485 E-mail: r)iros(]((--,,)ol)etisl),i(--e.org rWet)site:www.op(,tisl)a(e.org B(urdot_[)iw(tor,:Pete Swinew,,Mary( .Davey,Jed(vr, David 1.Sinernoft,Nonette Hanko, Betsy Oowder, Kenneth t Nit/ Gencralmxwget:1 0­,iig Britton MEETING 97-13 Page 2 Lee Pitt, 12520 Skyline Blvd., Woodside, Save Skyline Open Space (SSOS), said he sympathized with the plight of the nuns having to flee Russia but was there to affirm the position of the people who live on Skyline. They had submitted a petition and believe the area should remain open space and be purchased by the District. Dave Perrone, 316 Ridge Road, Woodside, SSOS, reiterated support for MROSD acquiring the property and said there are some significant land use issues in regard to the Williamson Act. He said the group had done lots of research which was available. Jessica Agramonte, 12150 Skyline Blvd., Woodside, SSOS, said development would occupy only a small portion of the property, but the plan is to develop all of the most valuable open space areas. No trespassing signs have been posted which she believed stated the intention to prevent public use. She said the County cannot require a dedicated trail and there is a significant wildlife corridor. In addition, the scope of development exceeds any previous development in the area and especially what is allowed under the Williamson Act and local coastal plan amendments She urged the District the help the Church find an alternate site. Al Bell, 12130 Skyline Blvd., Woodside, said he would make a slide presentation at a subsequent meeting. Carrie German, 13080 Skyline Blvd., Woodside, said she lived two miles south of the proposed convent. The nuns are pursuing the dream of every human being to have a piece of land and build a home that fits their lifestyle. She said she believed that building a convent on this property is in the spirit of the original gift to the Catholic Church and questioned the desirability of this land as open space, citing weather and the fact that it had little historical value. Harry Haeussler, 1094 Highland Circle, Los Altos, spoke in favor of the convent and said if the District takes this property they ought to take all of Skyline. Richard Bourke, P. O. Box 7207, San Jose, agreed with Mr. Haeussler and Ms. German. He said one of the contractors used by the District as a trail builder was not a licensed contractor, and that contracts like the one he referred to should be let to local contractors. He spoke of his concern about perceived internal problems in the District and said he thought they were anti-environment. S. Schectman stated that staff will respond to Mr. Bourke. Rhett Frantz, 12360 Skyline Blvd., Woodside, said he was in favor of preserving open space and thought the development was beyond residential development. He said he wanted to preserve what was there and would get more involved in the effort to prevent the project. Al Bell said there had been a lot written about the project and people needed to visit the site to appreciate the impact. He said he was against development. MEETING 97-13 Page 3 III. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 6 to 0. IV. ADOPTION OF CONSENT CALENDAR N. Hanko requested that the response to a written communication from Beth and Rich Thurber be amended to include the words, "In addition," at the beginning of the third paragraph and that the word "also" be inserted in the last sentence of that paragraph following the word "process." Motion: B. Crowder moved that the Board adopt the Consent Calendar, including minutes of the April 9, 1997 Special and Regular Meeting and the April 23, 1997 Special and Regular Meeting; responses to written communications from Beth & Rick Thurber (as amended), 205 Upper Terrace, San Francisco; Mr. and Mrs. Ronald Alepin, 11920 Rhus Ridge Road, Los Altos; Mr. Tom Wallace, Cisco System, Inc., 101 Cooper Street, Santa Cruz; Mr. Jack Birkholz, 21381 Milford Drive, Cupertino; Mr. Harry Haeussler, Jr., 1094 Highland Circle, Los Altos; and E-Mail communications from; Mr. John Fond at <jfonti@cisco.com>; Mr. Greg Hayes at <ghayesQideo.com>; Ms. Marianne Nielsen at <mnielsen@pacbell.net>; Mr. Charles Versaggi at <ChazVer(&aol.com>; J. R. Forbes, M. D. at <JRCarmel(&aol.com>; Mr. Nick Goddard at <ngoddard@comish.com>; Mr. Louis Mendelowitz at <louism@mailhub.aimnet.com>; Mr. Bill Sylvester at <bsylvester@pccsite.com>; Mr. Keith loan White at <keith@dakota- 76.Eng.Sun.COM>; Mr. Jim Peacock at <Jim—Peacock@notes.pw.com>; Mr. Jeff Chen at <Jchen@flextronics.com>; Mr. Peter Donohue at <PDONOHUF.@raychem.com>; and Mr. Scott Schlachter at <scott@actel.com>; Agenda Item 6, Approval of MidMninsula Regional Qpgn Space District's Directors and Officers Insurance Policy with Fireman's Fund Insurance for Fiscal Year 1997-1998 in an Amount Not to Exceed $13,603 ; Agenda Item 7, Authorization to Solicit Bids for Purchase o Tractor (Trail Dozer); Agenda Item 8, Final Adoption of an Amendment to the Use and Management Plan for Monte Bello QMn- Space Preserve to Allow Reconstruction of the Old Ranch Trail and to Designate the Trail as a Multi- Use Trail; Agenda Item 9, Cancellation of June 11 Meeting; and Revised Claims 97-10. J. Cyr seconded the motion. The motion passed 6 to 0. V. BOARD BUSINESS A. Agenda Item No. 1 - Tentative Adoption of an Amendment to the Use and Management Plan for El Corte de Madera Creek Oren Space Preserve to Allow Realignment and Construction of Two Sections of Trail Identified as Trails B8 and BIO in the Trail Use Plan for the Preserve and Determination that the Pr=sed Project is Categorically Exempt from the California Environmental Ouali!Y Act (CEQA)R=rt R-97--90)de Beauvieres presented the staff report, stating that the grant for the project has a I MEETING 97-13 Page 4 two-year term with no possibility of an extension. Beginning May 20, they can start accruing expenses to the grant which is for $75,000. She said the subject trails are being used, but some sections are very steep. She pointed out that the trails will become popular multi-use trails when parking is developed and need to be realigned and improved. She described the scope of the work on B-8 and B-10 trails. 1. Escobar said the plan would be to follow the contour. Todd McGee, ROMP, 1445 Ebener St. #2, Redwood City, said he supported the i ECDM trails plan and talked about the philosophy of trails and some of the historic sites that no longer exist because of work on trails. Louis Mendelowitz, 2153 Oberlin St., Palo Alto, said he was a 56 years old mountain bicyclist and thought the trails have been trivialized. Ross Finlayson, Mountain View, said there are a lot of things the District does that they like but there is a PR problem. He cited excessive bulldozing of trails as a specific problem and said they would have liked to meet and discuss alternatives regarding the Donner Pass Trail. I Patty Ciesla, Box 3189, Stanford, said she was there to discuss preserving the trails they already have. She was distressed with the discussion of the single track in ECDM. She quoted from the Trail Plan regarding technical trails and said they want to see the plan revisited and amended. N. Hanko reminded those present that they were not dealing with the entire trail plan tonight. Akkana Peck 1994 Newcastle Dr. Los Altos spokeg proposed a against the trail machine purchase. She showed before and after photographs of Fremont Older and asked that they consider using volunteer labor as much as possible and not buy the trail machine. Rhett Frantz, 12360 Skyline Blvd., Woodside, described his experience as a mountain bicyclist and closure of trails he had previously enjoyed. He said he had mixed emotions because closing trails preserves open space and he was in favor of preserving as much as possible. He asked how many trees would have to be cut down and said he saw no reason for change. Bill Davis, 13461 Aurora Dr., #E, San Leandro, said he lives in the East Bay but ECDM is major factor in why he wants to live here. He said he had never been on bulldozed trails before and stated the bikers are a large labor resource which the District could utilize. David Oare, Belmont, said he was concerned about the trail plan and urged them to try to use hand labor. Nathaniel Norling, 13928 Skyline Blvd., Woodside, spoke in support of developing I I MEETING 97-13 Page 5 I B-8 and B-10 because they would make open space more available to more people. He did not support using machines. Ernest Breakfield, P. O. Box 390001, Mountain View, said the District has lots of land to make available to public. People are making an effort to get to what is already at ECDM and he likes it as it is. He urged them to use the free labor. Todd McGee summarized Kathleen Meyer's comments for the record. She believed that mountain biking was a metaphor for life and is a confidence and self esteem builder. She said she would like there to be more challenging trails for her two children and herself. Speaking for himself, he said ROMP was encouraged by the openness the District has shown in allowing volunteers to work with little supervision. He asked them to continue and perhaps expand the volunteer trail crew leader training program and asked that volunteers be allowed to work in Area 2. Harry Haeussler stressed that the District is understaffed with rangers and work force and urged them to hold meetings and define technical trails. M. Davey responded that there had been many opportunities for public input and meeting are taking place now regarding the trail plan. Mandeep Gill, MS 81 P. O. Box 4349, SLAC, Stanford, said if they have to sacrifice it would be the trails in the upper part including B-8 and B-10. He said maybe it was an option to do something by hand and asked if it were inevitable that this area be sanitized. He said the most dangerous trails are the big roads where they can go fast. He asked that the District address the mountain biker constituency. Altos, thanked the District and expressed Di i vanni 1674 Fallen Leaf lane Los to Joe o > P g concern about trails being widened because it increases speed of bicycles. henjoyed the Districts trails and Sunnyvale, said e Junes Merrick 1563 BentonSt., yv asked if the money for the trail machine could be used to instigate more hand labor instead. M. Davey said the machine would not just be used in ECDM. Art Fisher, 575 Rengstorff, said people will go fast if a trail is smooth and there were better ways to improve trails. He asked them to look at hand labor versus the machine. Stephen Wahab, 2035 West Middlefield Road, #5, Mountain View, spoke against bulldozing and removal of the single track. He said it is a safety issue and there would be more accidents. Bob Bell, 1349 Buckthorn Way, San Jose, said he would be happy to see ECDM remain as is and would like the whole trail plan re-opened. He was against spending money on the trail machine. II MEETING 97-13 Page 6 Clark Bailey, Palo Alto, said the point of having an open space preserve is to have variety of experiences and a variety of people who use it. J. Escobar said trails are built to a certain width because the District is following trail use policies and guidelines. Some ECDM trails probably violate them. He said trails leading from parking areas are wider and B-8 and B-10 fall into that category. He said constituents would not be enjoying a 250 mile trail system without the use of the machine. He told how they had selected the Sweko machine as the one to consider purchasing. N. Hanko said she thought this issue needed more time for consideration of issues, including how the machine will be used, the hand labor aspect, and a definition of technical trails. She said she was disinclined to vote at this time. She said with completion of the parking lot more people will be coming to the preserve and it might benefit bikers to have hiking trails near the perimeter and biking trails farther inside the preserve. Todd McGee said they agree that trail machines are the best way to build new trails but their issue is using it to improve existing trails. J. Cyr said there are several issues but the staff report is very specific that the Board's choice at this time is whether to proceed with the improvement of portions of trails B8 and B10. D. Smemoff said he thought the strong response was a backlash to the implementation of the plan so far but the Board has to deal with the specific aspects of what they are trying to do. He said this was an opportunity to improve how the District and mountain bikers work together to build new trails and maintain the existing single track trails. He suggested flagging the trail sections to be realigned and have them worked on by volunteer labor. That would give them the opportunity to do some other trails with the machine and leverage the grant to purchase the machine which could be used District wide. He suggested improving the B-8 and B-10 trails to get mountain bikers away from the busy portion of the preserve and retain the single track characteristics in the 70 and 90 series. M. de Beauvieres said they have a unique opportunity to purchase this machine. She repeated that there is only a two-year window and strongly advocated that B-8 and B- 10 be multi-use as they will be heavily used by visitors using the proposed parking area. In regard to the use of volunteers, she said she would rather keep them focused on completing the Leaf Trail and then move on to other trails. She said there are many opportunities for volunteer trail building in the preserve. B. Crowder proposed revisiting the rest of study area 2 with the Use and Management Committee and said she was in favor of the proposal before the Board. C. Britton said they would not have brought the trail machine to the Board in this budget if it were not for the grant. He explained why the two trails had been chosen as the ones for this project and said staff's recommendation has not changed. MEETING 97-13 Page 7 i J. Escobar pointed out that the Leaf Trail work is a priority and they have been getting a reasonably good volunteer turnout because people like the project. He did not think there would be that kind of response for B-8 and B-10 and it was not realistic to think they could complete them in two years. N. Hanko said she was convinced that study area 2 is going to get a good look by the committee but would still like to be assured that they are not devising a trail to be used by bikers in a reckless manner. Motion: B. Crowder moved that the Board determine that the proposed project is categorically exempt from the California Environmental quality Act (CEQA) based on the findings contained in the staff report, and tentatively adopt an amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve to allow realignment and construction of two sections of trail identified as trails B8 and B10 in the Trail Use Plan for the preserve. J. Cyr seconded the motion. Motion: D. Smernoff moved that the motion be amended to add language that the trail be flagged and reviewed by a Use and Management Committee of Board members and representatives of the mountain biking community at a noticed meeting to be held prior to June 25 if possible. There will be a report from the ad hoc committee at the June 25 meeting. B. Crowder and J. Cyr accepted the amendment. N. Hanko seconded the motion. The motion passed 6 to 0. The original motion as amended passed 6 to 0. At 10:10 p.m., a recess was called. The meeting was reconvened at 10:20 p.m. Motion: N. Hanko moved that the agenda be moved forward to Item 5. J. Cyr seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 5 --Authorization for the General Manager to Execute the Permit to Enter for the Santa Clara County Fire Department to Conduct a Controlled Burn on the Rancho de Guadalupe Portion of the Sierra Azul Open Space Preserve and Determination that the Project is Categorically Exempt from the California Environmental Quality Act CEOA) - (LZeport R-97-83) J. Escobar presented the staff report and introduced Rich Davies from Silicon Valley Defense/Space Consortium; and Ben Lopes, Asst. Chief, Santa Clara County Fire Department. G. Bailey summarized the conditions that had been placed on the permit to enter. B. Lopes said the Fire Department had had experience with a controlled burn in similar terrain as part of their annual training. J. Isaacs talked about resource management and cited the reasons for the choice of the site. She summarized the precautions and reviews that had taken place, including a MEETING 97-13 Page 8 review for historical sites. B. Lopes explained that the bum will take place on two days in two sessions. The actual burning time will be less than two hours each day. R. Davies explained that the Silicon Valley Defense/Space Consortium was primarily in public advocacy and was representing the City of Sunnyvale for Onizuka Air Station realignment. They are proposing that the Air Station be used as a federal disaster center after the Air Force leaves. In order to prove the feasibility of the federal disaster center, they have developed Project Wildfire which is a demonstration that will occur on June 4 at Moffett and June 5 at Lexington Reservoir. He described the data collection systems that will be used including the NASA research aircraft. He said it will be essentially a communication exercise. He showed satellite images of the area of the proposed bum which let them know what material is there. He emphasized that what they are proposing is not the Air Force's plan for the facility. They plan to sell it. J. Cyr said this is a unique opportunity to have several government agencies cooperate for the general public benefit. The protections in the permit seemed very thorough. Motion: D. Smemoff moved that the Board determine that the recommended actions are categorically exempt under the California Environmental Quality Act as set out in the report, and authorize the General Manager to execute the Permit to Enter, for the purpose of conducting a controlled bum on a portion of the former Rancho de Guadalupe property in the Sierra Azul Open Space Preserve. N. Hanko seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 2 - Authorization to Amend Contract with Callander Associates to Provide Planning and Enizineeriny- Services for the 50-car Parkini! Area at Windy Hill QWn Space Preserve in an Amount Not to Exceed $15.947 and Authorization for Staff to Solicit Bids to Develop the Parking Lot and Other Associated Improvements - (R=rt R-97-91) M. de Beauvieres presented the staff report and explained the changes from the previous plan. Motion: N. Hanko moved that the Board authorize the General Manager to execute an amendment to the contract with Callander Associates in an amount not to exceed $15,947 to provide planning and engineering services for the 50-car parking area at Windy Hill Open Space Preserve, and authorize staff to solicit bids to develop the 50-car parking area and other associated improvements. B. Crowder seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 3 - Authorization to Solicit Bids for the Repair of Landslides at Skyline Ridge. Purisima Creek Redwoods. Monte Bello. St. Joseph's Hill. and Long Ridge Qpen Space Preserves - (Report R-97-82l MEETING 97-13 Page 9 M. de Beauvieres reviewed staff s recommendations. Motion: B. Crowder moved that the Board authorize staff to solicit bids for the repair of landslides at Skyline Ridge, Purissima Creek Redwoods, Monte Bello, St. Joseph's Hill and Long Ridge Open Space Preserves. J. Cyr seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 4 - Adoption of Resolution Approving the Issuance of Credit Cards to Specified Managers and Supervisors for District Purchasing Activity - (Report R- 97-82) C. Britton asked if there were any questions regarding the staff report. Motion: N. Hanko moved that the Board adopt Resolution No. 97-22 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing the Issuance of District Credit Cards and Related Borrowing of Funds From Cupertino National Bank and Trust. J. Cyr seconded the motion. The motion passed 6 to 0. VI. INFORMATIONAL REPORTS B. Crowder presented signed copies of the third edition of Peninsula Trails to staff for each of the three offices and said staff had been very helpful. J. Cyr referred to Agenda Item 6 and asked about the increased insurance premiums. S. Schectman said it was based on loss history since there had been additional claims and litigation last year. J. Cyr asked about claim 2286 to Turner & Mulcare. C. Britton said they are a law firm advising the District. N. Hanko said she had seen a report on TV about goats on East Bay Regional Park District being killed by dogs. Staff will check to see what really happened. D. Smernoff reported that Bay Area Action was awarded official stewardship of the Arastradero Preserve. He said he sent a follow up letter to Calpers, regarding the headwaters issue. He summarized the shareholders meeting he had attended. M. Smith said he had sent a correction to the Los Altos Town Crier regarding the amount of money set aside for research for preservation of the San Mateo County coast. C. Britton reported on the following: 1. Cheers for Volunteers tomorrow. 2. Information regarding removal of Moody Trail. This may come back to the Board as an agenda item. 3. Memo regarding J. Isaacs' parents. VIL At 11:05 p.m., the meeting was adjourned in honor of Wm. C. and Suzanne F. Isaacs. Roberta Wolfe Recording Secretary