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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meefinf,,, 97-21
REGULAR MEETING
BOARD OF DIRECTORS
August 13, 1997
MINUTES
I. ROLL CALL
President Mary Davey called the meeting to order at 7:30 P.M.
Members Present: Mary Davey, Nonette Hanko, Pete Siemens, Ken Nitz, Jed Cyr and
David Smernoff.
Member Absent: Betsy Crowder
Personnel Present: Craig Britton, Sue Schectman, John Escobar, Malcolm Smith, Deirdre
Dolan, Randy Anderson, Julie McCullough, Mike Williams, Del Woods, and Susan Shipley
H. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highland Circle, Los Altos, thanked the Board and staff for:
numbering the agenda items; the clearing of the overgrown Hamms Gulch trail; and
beginning construction of a parking lot at Windy Hill Open Space Preserve. He spoke of the
recent dangers for women on East Bay trails and questioned if it is permitted for women to
carry mace or pepper spray for self-defense, and recommended cellular phones be carried for
emergency purposes. He mentioned there were seven or eight trails without names on the
Windy Hill Open Space Preserve trail map.
J. Escobar responded the District does not outlaw pepper spray but that mace, pellet guns or
pump rifles were not permitted.
M. Davey referred the naming of trails to staff to respond at a later date.
Patty Ciesla, Box 3189, Stanford, recommended the District name trails in segments rather
than in long strings such is the practice now, and she spoke of the discomforting reception,
she experiences when addressing the Board as a representative of the mountain biking
community.
Joe Lavelle, 1503 Julie Lane, Los Altos, questioned the District's philosophy of posting
signs which advise visitors of sensitive areas and said he felt there was a need for posting
signs on canyon trails at Rancho San Antonio Open Space Preserve. M. Davey responded
Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 9402 2-1 404 • Phone:650-691-1200
1972-1997• FAX:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org 0
Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager:L. Britton
Meeting 97-21 Page 2
the response to his written communication was being taken off the consent calendar and that
his concerns would be addressed at the time.
Richard Bourke, P. O. Box 7207, San Jose, thanked the Board for starting their meeting on
time and commented that the meeting minutes were excellent. He spoke of the need for
Brown Act improvements and felt that the closed sessions needed certain disclosures. S.
Schectman assured Mr. Bourke that closed sessions are conducted in full compliance with the
Brown Act.
Ill. ADOPTION OF AGENDA
Motion: N. Hanko moved that the Board adopt the agenda. J. Cyr seconded the
motion. The motion passed 6 to 0.
IV. ADOPTION OF CONSENT CALENDAR
N. Hanko removed the reply to written communication from Mr. Joseph Lavelle. D.
Smernoff requested clarification on what appeared to be an incomplete sentence in the
meeting 97-17 minutes on page 3, second paragraph. M. Smith responded the sentence
should state ...."will be closed to bikes and horses for the first season." H. Haeussler
removed agenda item 10, Scheduling of Special Meetings of the District's Board o
Directors on August 23. 1997 and September 20. 1997 for the Purpose of Conducting Tours
of District Lands for Invited Local Public Officials and Scheduling of Special Meetings of the
District's Board of Directors on September 17, October 15. and November 5. 1997 for the
Pu=se of Conducting Joint Meetings with San Mateo County Parks Commission, Santa
Clara County Open Space Authority, and Santa Clara County Parks Commission to Discuss
the District's Regional QjKn Space Plan.
Motion: D. Smernoff moved that the Board adopt the Consent Calendar, including
minutes of Meetings 97-17 and 97-18 dated July 9, 1997; responses to written
communications from Al and Jeanne Bell, 12130 Skyline Boulevard,
Woodside, Mr. Kelly P. Mulrey, P. O. Box 1113, Palo Alto, Ms. Linda S.
Cohen, 935 Scott Street, Palo Alto, Mr. Walter Droste, 12475 Skyline
Boulevard, Woodside, Mr. Robert Walker, 12475 Skyline Boulevard,
Woodside, Ms. Carolyn O'Connor, 135 Harkins Road, Woodside, and Mr.
Frank Adams 135 Harkins Road, Woodside; agenda item 7, Authorization for
Staff to Solicit Bids for Seismic Upgrade and Improvements to Foothills Shoe
Buildine at Rancho San Antonio QjIgn Space Preserve; agenda item 8,
Approval and Es tabu shmenj of Section 125 Cafeteria Plan- Including
Dependent Care Assistance and Medical Expense Reimbursement I!Ians and
Authorization for the General Manner to Execute Any Necessary Documents
to Implement the Plans and Authorization for the General Manager to Enter
Into an Agreement for Services with United Administrative Services to
Administer the Dependent Care Assistance and Medical Expense
Reimbursement Plan; agenda item 9, Denial of Claim Against the District
Filed by Ron and Wanda Oxyer dba American River Bicycle Shop; and
Revised Claims 97-15. D. Smernoff moved that the Board adopt the consent
calendar. JCyr seconded the motion. The motion passed 6 to 0.
Meeting 97-21 Page
V. WRITTEN COMMUNICATIONS
N. Hanko proposed the reply to Mr. Lavelle be revised to include a paragraph which states
what the District has done in the past, such as posting "Area Closed - Restoration in
Progress" signs to advise visitors to stay on trails when hiking in fragile and sensitive areas.
P. Siemens suggested including a policy for posting signs in the trail use policies. J. Escobar
said there were various degrees of closure and that it was the District's practice to advise
visitors of closures using barriers and signage and now that staff is aware of this area staff
will be looking into posting signs in the area.
Motion: P. Siemens moved the Board adopt the written communication to Mr. Lavelle
as amended. J. Cyr seconded the motion. The motion passed 6 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. I - Tentative Adoption of an Amendment to the Use and
Management Plan for the Kennedy-Limekiln Area of Sierra Azul Space Preserve to
Confirm the Closure and Restoration of Priest Rock Bypass Trail (Also Known as
Moody Trail)) (H=rt R-97-118)
J. McCullough familiarized the Board on the trail area under consideration for closure
due to erosion and over use. She showed slides which depicted the extent of erosion
damage. She said that District and Santa Clara County parks staff have been working
together on this trail, but neither have funding available to undertake a trail
development project; both have limited staff resources; there are two other trails
which offer access in the area; there has not been a long,-term plan completed for the
Sierra Azul area due to interspersed private land; and Santa Clara County is not
interested in the realignment of this trail. She explained staff realizes that this trail i,�,
the only single track trail in the area and therefore recognizes the importance of this
trail to the mountain biking community; and that it is the District's mission primarily
to protect the natural resources while secondarily providing opportunity for public
recreation.
N. Hanko spoke of the Board's history working with the County and the problems
involved in providing access in this area, and how this trail failed to become a
designated trail. D. Woods spoke of the confusion over the use of the words
"designation" or "trail use designation", and that in 1989-1991 the District began to
develop trail use guidelines and in it's efforts to designate trails in this area, the
District failed to follow through with the County on their plans for this trail.
Therefore, it never showed up on any maps as a designated trail.
Fred Stanke, 22873 Longdown Road, Cupertino spoke of his appreciation for the
variety of trails the District provides and would be willing to work on this trail to
keep it open.
James Ryan, 1080 10th Avenue, Redwood City, spoke of the history of this trail
urged the Board to keep it open as it has become his favorite trail in the (,,;ntire -&y
Area and to allow the mountain biking community to care for this trail.
Meeting 97-21 Page 4
P. Ciesla urged the District not to close the trail; to admit a costly mistake had been
made by the District; to restore the trail; and requested a process for involving
mountain bikers on the trail restoration for this project, and to consider the
alternatives to closing the trail.
Kathleen Meyer, 200 South First Street, Campbell would like to see more time given
to meeting notice postings and requested that the Board consider reopening the trail.
Keith White 116 Lu-Ray, Los Gatos, supports any alternative to closing the trail and
requested the mountain biking community be given the opportunity to work with the
County in an effort to allow mountain bikers to realign the trail.
Scott Schlachter, 92 Los Gatos-Saratoga Road, Los Gatos, said he would volunteer to
maintain the trail and asked the Board to consider the implications of closing this
trail.
Dan Fenwick, 126 Christel Oaks Drive, Scotts Valley, said he would like to see this
trail remain open due to its technical challenges and would like to volunteer in an
effort to keep this trail open.
Christine Parker, 16952 Kennedy Road, Los Gatos, concurred the trail should remain
open and felt it would be a constructive project for the District to work with mountain
bikers.
Mark Rosenberg, 21040 Summit Road, Los Gatos, said he believed keeping this trail
open would ensure support of open space in future generations.
Harry Haeussler proposed the Board give the mountain bikers an opportunity to get an
agreement with the County.
C. Britton responded that ample notice was given for this agenda item including
posting on the Internet and a special mailing to the cycling community.
N. Hanko asked J. Escobar if he would like to address the restoration issue. J.
Escobar responded the restoration practices are common forestry practices in restoring
trails.
P. Siemens asked about the time necessary for revegetation of this trail. J. Escobar
responded it would be a minimum of 10 years for this area to recover from the
warring which has occurred.
K. Nitz asked if any reseeding will take place. J. Escobar responded reseeding will
take place in the fall after the first rains.
D. Smernoff asked when there will be a Comprehensive Use and Management Plan
for this area. C. Britton responded probably not within of 5 years.
* Meeting 97-21 Pagtot
M. Davey asked if the Board would like to discuss the proposal which was made to
make this an experiment for a creation of a trail and to work with the County to
develop it.
P. Siemens commented on his concerns as to how far the District should go to
provide for high risk recreation
J. Cyr said he concurred with what was mentioned in the report and that the primary
responsibility of the District is to acquire the land and providing recreation on the
land is a secondary purpose. He said he would entertain mountain bikers working
with the County to develop a process but felt it would be a process which would take
a great deal of time.
Motion: K. Nitz moved the Board tentatively adopt the amendment to the Use
and Management Plan for the Kennedy-Limekiln Area of Sierra Azul
Open Space Preserve to confirm the closure and restoration of Priest
Rock Bypass Trail (also known as Moody Trail). J. Cyr seconded the
motion. The motion passed 5 to 1. D. Smernoff voted no.
B. Agenda Item No. 2 - Approval of Residential Rental Agreement and Authorization
for the General Manager to Execute the Residential Rental Agreement with Jay and
Perry Thorwaldson for the Former Landre Residence at Long Ridge Qpgn Space
Preserve (Report R-97-177,)
M. Williams familiarized the Board with the area of the Landre residence and its
rental history; the need for replacing the roof, water system, driveway, and electrical
system in addition to the necessity to trim or remove seven oak trees as the house was
built within a grove of trees. He detailed the road and property damage this property
incurred due to the heavy rains of 1995 which made access very difficult. He
detailed the terms of the rental agreement with the Thorwaldsons which provides for,
the repair and maintenance of the structures on the property, to be performed by the
tenants in lieu of rent during the initial term of the agreement.
K. Nitz requested clarification on the initial term of the agreement and improvement.
to be made on the property. M. Williams responded the initial term is one year and
fifteen days commencing on September 15, 1997 and that repairs will be made only fA-
existing improvements.
N. Hanko requested more information on the size of the trees which may need to h
trimmed or removed and what materials the roof will be replace with. C. Britton
clarified that staff has made a thorough evaluation of the oak trees and that no trees
will be cut down that are not clearly a hazard to the residence. M. Williams
explained the roof will consist of tar and gravel.
D. Smernoff questioned how contingent this agreement was to the repair of the read.,
M. Williams responded there was no obligation on the District's behalf to keep the
road open and that at this time the road is accessible. C. Britton explained the h_istrn
of the road with previous tenants, and that due to its location, it has been washing 4_
Meeting 97-21 page 6
almost every winter. He also said that due to the heavy rains in 1995 it was badly
damaged and the District sought out funding from FEMA for it's repair. The road
has use as a patrol route and as a future trail connection to Portola State Park.
N. Hanko asked Mr. Thorwaldson for reassurance of his commitment to this
agreement. Mr. Thorwaldson spoke of his experiences both living in the area and
making similar repairs to other residences in the area and confirmed his willingness to
uphold the agreement.
Terry Gossett, 26600 Elena, Los Altos Hills, spoke neither for or against this
proposal but as a neighbor he wished to present realistic living experiences in this
area which at times could be rather rugged, and spoke of the support Mr.
Thorwaldson will receive from nearby neighbors. Mr. Gossett inquired as to the
District's philosophy on future use of the land.
C. Britton reviewed the District' policy on maintaining improvements versus
demolition and offered reasons why the District has chosen to maintain this
improvement which include possible future use as a ranger or caretaker residence or
hiker's hut.
Motion: P. Siemens moved that the Board authorize the General Manager to
execute the Residential Rental Agreement with Jay and Perry
Thorwaldson for the former Landre residence at Long Ridge Open
Space Preserve. D. Smernoff seconded the motion. The motion
passed 6 to 0.
C. Agenda Item No. 3 - Report on Regional Qlvn Space Plan Public Input Phase and
Confirmation of Plan Review Process for Completion of a Draft Regional Open Space
Plan (Report R-97-116)
R. Anderson reviewed and the Board commented on the progress of the Regional
Open Space Plan to date. C. Britton proposed future meetings be scheduled for
completion of the draft Regional Open Space Plan. Meetings were scheduled for
October 7 and October 21, 1997 beginning at 7:30 P.M.
D. Agenda Item No. 4 - Award of Contract for Landslide Repair Projects at Monte
Bello and St. Joseph's Hill Open Space Preserves: Authorization for the General
Manager to Enter Into a Contract for Performance of the Work with the Lowest
Responsible Bidder for the Landslide Repair Projects on Stevens Canyon Trail in
Monte Bello Oren Space Preserve and Jones Trail in St Joseph's Hill Open Space
Preserve (Due to the Accelerated Schedule for this Project. Staff will Report on Bid
Results of the Bid Opening on Tuesday. August 12 and Final Staff Recommendation
at August 13 Meeting): Authorization for the General Manager to Increase the
Contract Amount for Terratech, Geotechnical Engineers from $43.000 to $84.000 to
Cover all Projected Services Through Completion of Construction on Five Landslide
Review the Overall Status of the Five FEMA-funded
Rpair Projects Including Skyline Ridge Long Ridge and Purisima Creek Redwoods
QUgn Space Preserves (RR=rt R-97-120)
Meeting 97-21 Page .
R. Anderson reported on the final bid results from the bid opening on Tuesday,
August 12. He recommended that the bid for landslide repair on Jones Trail in St.
Joseph's Hill Open Space Preserve be awarded to George Bianchi Construction in the
amount of $44,491 and requested the Board authorize the rebidding of Stevens
Canyon Trail project in Monte Bello Open Space Preserve due to the fact only one
bid was received.
Motion: N. Hanko moved that the Board Authorize the General Manager to
enter into a contract for the Jones Trail Repair Project at St. Joseph's
Hill Open Space Preserve with George Bianchi Construction as the
lowest responsive bidder in the amount of$44,491; reject all bids on
the Monte Bello Trail Restoration Project at Monte Bello Open Space
Preserve and authorize re-bidding of the project; and authorize the
General Manager to increase the contract amount for Terratech,
Geotechnical Engineers from $43,000 to $84,000 to cover all projected
services through completion of construction on five landslide repair
projects. J. Cyr seconded the motion. The motion passed 6 to 0.
Discussion: D. Smernoff requested clarification on the increased costs for
Terratech, Geotechnical Engineers. R. Anderson explained that the
true cost of this repair really could not be estimated until work actually
commenced.
E. Agenda Item No. 5 - Approval of a $3,000 Meritorious Pay Award for the District's
Controller for Fiscal Year 1996-1997 (Report R-97-1121
Motion: N. Hanko moved the Board approve a $3,000 meritorious pay award
for the District's Controller for fiscal year 1996-1997. P. Siemens
seconded the motion. The motion passed 6 to 0.
F. Agenda Item No. 6 - Authorization for the General Manager to Approve Various
District Actions on an Administrative Basis: Approval or Denial of Claims not to
Exceed $2.500: Extension of Expiration Date and Minor Amendments to Permits to
Enter; and Confirm Authority to Enter into Contracts Pursuant to Public Resource<,5,
4 - 7- 1 Section 55 �(b)�Renort R 9 1 5)
S. Schectman stated the primary purpose of this proposal is to enable the General
Manager to approve minor matters of District business without the necessity of
agendizing these matters for Board approval. Staff believes this will allow the
District's business to be conducted more efficiently and promptly. The various
matters to be approved would be any Claims that do not exceed $2,500; approval of
Permits to Enter District property to government agencies or third parties to perform
emergency and/or minor work; and Public Works, Professional Service, and (I-her
Contracts the General Manager may approved that do not exceed $10,000 -,�t for
new construction which may not exceed $25,000.
Meeting 97-21 Page 8
P. Siemens commented the term Claims was confusing as it is used in different
contexts. Discussion pursued on this issue and for clarification it was determined to
change the term Claims to Legal Claims on the resolution.
Motion: P. Siemens moved the Board adopt Resolution 97-30 a Resolution of
the Board of Directors of the Midpeninsula Regional Open Space
District Authorizing the General Manager to Approve or Deny Certain
Legal Claims Against the District, to Approve Amendments to Permits
to Enter District Property and to Contract for the Payment for Services,
Supplies, Materials, or Labor Pursuant to Public Resources Code
Section 5549(b) as amended. K. Nitz seconded the motion. The
motion passed 6 to 0.
G. Agenda Item No. 10 - Scheduling of Special Meetings of the District's Board o
Directors on August 23. 1997 and September 20. 1997 for the Pu=se of Conducting
Tours of District Lands for Invited Local Public Officials and Scheduling of Special
Meetings of the District's Board of Directors on September 17. October 15. and
November 5. 1997 for the Purpose of Conducting Joint Meetings with San Mateo
County Parks Commission. Santa Clara County Ql&n Space Authority. and Santa
Clara County Parks Commission to Discuss the District's Regional Qpgn Space Plan
(Report R-97-119)
H. Haeussler asked for clarification on the procedure for noticing meetings. C.
Britton provided clarification.
Motion: D. Smernoff moved the Board schedule a Special Meeting of the
District's Board of Directors on August 23, 1997 and September 20,
1997 for the purpose of conducting tours of District lands for invited
local public officials and scheduled Special Meetings of the District's
Board of Directors on September 17, October 15, and November 5,
1997 for the purpose of conducting joint meetings with San Mateo
County Parks Commission, Santa Clara County Open Space Authority,
and Santa Clara County Parks Commission to discuss the District's
Regional Open Space Plan. P. Siemens seconded the motion. The
motion passed 6 to 0.
VII. INFORMATIONAL REPORTS
N. Hanko provided a summary of the last ad hoc coastal committee meeting.
K. Nitz reported the antenna had been installed at Pulgas Ridge Open Space Preserve.
J. Cyr thanked staff for the land tour of the area in agenda item 1.
C. Britton reported 1) the Town of Portola Valley is having a School House Ribbon Cutting
Ceremony on Sunday, September 7; 2) SB 365 was vetoed by Governor Wilson; 3) AB 1366
passed the Senate and Assembly; and 4) the California Integrated Solid Waste Management
Board approved dump cleanup funding at Skyline Ridge Open Space Preserve.
Meeting 97-21
J. Escobar reported on the recent fires in Los Gatos.
S. Schectman reported the court of appeals will be issuing an opinion shortly on the Santa
Clara County Open Space Authority's formation of an assessment District and that the
lawsuit regarding Driscoll Ranches went to trial and the judge ruled for Driscoll Ranches on
every aspect.
VHL ADJOURNMENT
The meeting was adjourned at 10:30 P.M.
Susan Shipley
Recording Clerk