HomeMy Public PortalAbout19990210 - Minutes - Board of Directors (BOD) Regional Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-05
REGULAR MEETING
BOARD OF DIRECTORS
February 10, 1999
MINUTES
I. ROLL CALL
J. Cyr called the meeting to order at 7:32 P.M. j
Members Present: Betsy Crowder, Jed Cyr, Mary Davey, Pete Siemens, Nonette Hanko, and Ken
Nitz.
Members Absent: Deane Little.
Staff Present; Craig Britton, Sue Schectman, John Escobar, Deirdre Dolan, Gordon Baillie,
Randy Anderson, Malcolm Smith, Lisa Zadek
II. ORAL COMMUNICATIONS
Harry Haeussler, 1094 Highlands Circle, Los Altos, said he agreed with Prentice Coles' letter
regarding litter at Rancho San Antonio Open Space Preserve, and said that one of the ways to
solve the problem would be to put trash containers at the entrance to the preserve.
III. SPECIAL ORDER OF THE DAY
B. Crowder said Friends of Castle Rock were asking the District to take a position on the current
state parks planning process. Representatives of various groups made a presentation opposing
more development in the park. They included Bruce Bettencourt; David Shrom(magic teacher
and ecologist)who showed slides; Lida Beth Gray(representing Santa Clara Valley Audubon
Society and Loma Prieta Chapter of the Sierra Club); and Barry Bolt, Friends of Castle Rock
Park.
Eric Isacson, P. O. Box 511, Saratoga, South Skyline Association, said that, as a resident, his
purpose in speaking was to tell the Board there was an alternate viewpoint. He said he was a
member of the South Skyline Association and active on the advisory committee. He had two
documents: the South Skyline Association comments on the general plan as they saw it in July,
and suggestions from adjacent residents to make the plan more effective. He urged the Board to
look at those suggestions.
Jan Anderson, park superintendent, responded to the presentation, stating there had been four
public meetings and the Board had received notice of them. She said Castle Rock was classified as
330 Distel Circle e Los Altos, CA 94022-1404 e Phone:650-691-1200 "
FAX: 650-691-0485 . E-mail: riirosd@opensl),ice.org openspace.org . Wet)site:www.openspace.org
Board of Oirertors_Pete Siemens,Mary C. Davey,led Cyr, Deane tittle, Nonette Hanko, Betsv Crowder,Kenneth C. NQ7 .General Mamyer:1_.Cr mg Britten
Meeting 99-05 Page 2
a state park in 1968. She talked about wilderness area criteria, noting that half of the park is
classified as natural preserve which has stronger criteria than wilderness. Two percent or less of
Partridge Farm would be developed. She talked about the prop
osal for developing park amenities
and said the plan was not based on revenue production. She also commented on the process and
why it was held up. The general plan process is undergoing review. She said that some issues
Partridge
r n t resolved includingthe declaration of purposes and the Farm camping
were o
P rPP 8
proposal. She said the draft plan should be available by the end of the month.
C. Britton responded to B. Crowder stating that other public boards seldom get involved in
formal District plans if they are outside the District's boundaries. If they are adjoining District
lands, they would receive a draft plan. If there are issues it would go to Use and Management
Committee who would decide if there should be a presentation to the Board. He said that without
seeing the plan and talking to staff, it was premature to have a debate on the plan. The state park
commission would make the final decision.
B. Crowder said she wanted to wait until the plan was circulated. She said the District does not
want to try to influence a neighbor agency. If one or more Board members would like to
participate in the process, her recommendation would be for them to participate at that time,
possibly as an ad hoc committee.
N. Hanko said she thought there would be repercussions on District land, and we should be
working in concert with such agencies that have land near ours. P. Siemens agreed.
IV. ADOPTION OF AGE
Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded the
motion. The motion passed 6 to 0.
V. ADOPTION OF CONSENT CALENDAR
K. Nitz and B. Crowder removed agenda item 5, Approval of the First Amendment to
Communications Site Lease and Agreement with Sprint Spectrum to Accommodate an
Agreement with CellularOne at the Same Location at Pulgas Ridge penn Space Preserve;
Determination that the Recommended Actions are Categorically Exempt from the Ca1_iforria
Environmental Quality Act;Authorization for the President of the Board of Directors to Execute
the First Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the
Telecommunications Facility at Pulgas Ridge Open Space Preserve; and Authorization for the
President of the Board of Directors to Execute a Communications Site Lease and Agreement with
C'ellularOne for the Telecommunications Facilityat t Pul ag s Ridge 012en Space preserve; agenda
item 7,- Annual Progress Report On the Use of Radar On District Lands; and agenda item 8,
Acceptance of the Informational Report on the Ranger icycle Patrol Program in 1998. B.
Crowder removed agenda item 6, Acceptance of the 1998 Miscellaneous Enforcement Activity
Summacy and the Eight Year Field Activity Summary.
j Motion• K. Nitz moved that the Board adopt the Consent Calendar including the minutes of
the December 9, 1998, Regular Meeting; a response to a written communication
from Prentiss Cole, 75 Coronado Ave., Los Altos; agenda item 4, District
Meeting 99-05 Page 3
Appointments to the Midpeninsula Regional Open Space District Finan�in.
Authority Governing Board; and Revised Claims 99-03. P. Siemens seconded the
motion. The motion passed 6 to 0.
VI. BOARD BUSINESS
A. Agenda Item No. 1 --Adoption of the Final_ Basic PolicyLaguage for OWective 2- Open
Space Management: Policy c. Recreational Use and Improvement Tentatively Adopted
December 16, 1998-or: Consider the Alternative Wording Based on the Trail Use Policies
-Report R-99-31)
R. Anderson presented the staff report, stating it was important that the message be clear
and consistent with District practices and policies. He said the objective was not to set a
new policy or practice, but to reflect existing policies.
N. Hanko said she felt very strongly about Policy 1.2, "Protect the opportunity for tranquil
nature study and observation, especially in those areas identified as providing a unique
wilderness experience," being part of the basic policy. R. Anderson suggested adding that
wording to the second sentence of the first paragraph of the alternative wording.
Linda Elkind, 14 Hawk View, Portola Valley, urged the Board to adopt the alternative
language because it related more directly to the current trail use policy. She said she
believed it would serve as a much more effective tool to accommodate recreation in the
context of protecting natural resources. She was against the criteria-based alternate and
believed the other alternate would allow mitigation of specific environmental impacts but
would not protect natural resources nor avoid user conflicts. She said mitigation seldom
made things better or protected natural resources.
Ross Finlayson, Mountain View, ROMP, said he thought this had been covered at the last
meeting. He didn't think the language agreed to last time conflicted with the trail use plan
but mentioned reasonable accommodation to persons with disabilities and should be
included. He agreed with N. Hanko regarding wilderness experience. He asked that they
adopt the language approved at the last meeting.
Berry Stevens, 3265 Fair Oaks Avenue, Redwood City, ROMP, strongly urged the Board
to adopt the criteria-based wording.
Judi Baskin, P. O. Box 620108, Woodside, said she thought the wording had been decided
upon and that it was unfair to do something else without the input of those who were here
in December. She had letters representing 170 people who would like to see the wording
they thought was going to happen.
R. Anderson described the noticing procedure for the meeting. C. Britton reminded those
present that there would be a second reading.
Paul Koski, 22030 Regnart Road, Cupertino, described his activities in the District and
said he was shocked regarding the alternative wording. He encouraged adoption of he
Meeting 99-05 Page 4
criteria-based language.
Marilyn Walter, 20 Coyote Hill, Portola Valley, said she favored the alternative wording
because the criteria-based wording is negative. The alternative is a more positive
approach based on District policies.
Dawn Rintala, 1505 Revelstoke Way, Sunnyvale, said she planned to stay in the area
because of all the things offered. She said she loved cycling and found the wording in the
new proposal biased against her. She asked that the Board reconsider so that use
exclusion is the exception rather than the rule.
Roger Rintala, 1505 Revelstoke Way, Sunnyvale, said he was passionate about multi-use
trails. He said he treasured the opportunity to use preserves in many ways. He urged them
to approve the language that was proposed in December.
Bob Stucky, 180 Fox Hollow Road, Woodside, representing the San Mateo County
Horseman's Association, said he supported the criteria-based access.
Bill Korbholz, 640 Lake Mead Way, Redwood City,said it was interesting to note that the
Board spent a lot of time listening to people who sought help in preserving and protecting
open space. He said the District's purpose was not to provide thoroughfares. Hiking is
the least intrusive access. He supported the alternative language heard tonight.
Kathy Korbholz, 640 Lake Mead Way, Redwood City, supported the alternative language.
She said they need to protect the land and only allow things that won't damage it further.
H. Haeussler commended staff and said he liked criteria based wording better.
Following discussion, I Cyr asked staff to type up the proposed wording and come back
later in the meeting. (Note: The Board returned to this item following action on Item 3.)
There was a recess from 9:18-9:25 P.M.
B. Agenda Item No. 2-Proposed initial Actions Resulting From the Recommendations of
the Operations Program Review% Approval of the Retention of the Rangers' Current
Defensive Equipment and Current Uniform Profile, and Reaffirm by Formal Board Action
the Poli y Not to Authorize the Ranger Staff to Carry Firearms; Authorization for the
General Manager to Hire Two Additional Rangers;Direct the Ad Hoc Committee to
Continue Developing a Work Plan Based U; pon the Operations Program Review in Such a
Manner to Foster a Closer Working Relationship Among Field Staff Management, and
the Board of Directors; and Direct the Ad Hoc Committee to Continue its Work with
Staff and to Periodically Provide Progress ss Reports to the Board (Report R 99 22)
I Escobar presented the staff report on behalf of the ad hoc committee and discussed each
of the four recommendations in some detail.
N. Hanko said the three committee members attended the South Skyline Association
Meeting 99-05 Page 5
meeting where sheriff's officers of three counties were also in attendance. They asked the
sheriffs questions and expect to see a continued relationship with them.
Michael Newburn, Midpeninsula Rangers Peace Officers Association strongly g1y encouraged
the hiring of two rangers and taking a realistic look at the staff it takes to run the
organization. He expressed concern about representation on the ad hoc committee stating
that he would like to see two members of field staff assigned to work with J. Escobar, G.
Baillie, and the ad hoc committee.
Discussion followed regarding notices of the meetings. J. Escobar said the recaps of
meetings could have information on the next meeting. He announced that the next
meeting would be on March 8.
Matt Ken, District Ranger, suggested hiring four new rangers. He said he was still a
proponent of being armed. He suggested incorporating a process to evaluate the
performance of the sheriffs—maybe a goal of 15 minutes response time. He also
suggested that the Board keep the arming of rangers in mind.
Brian Malone, District Ranger, spoke about the need for more maintenance staff and the
importance of staff s involvement on the ad hoc committee. He thought there should be
written notice, paid time for attendance, and an advance agenda.
J. Escobar said the intent was that between each ad hoc committee meeting there would
be a field meeting. Regarding staffing levels, he said he was not sure the District needed
only two more rangers or that more maintenance isn't needed. He said he wanted to bring
a five-year staffing plan to the Board.
B. Crowder said it seemed that recommendations 3 and 4 were close to what gets done
during union negotiations. J. Cyr said the committee was trying to respond to some of the
key items in the operations review that indicated there were some areas needing
improvement. An example was communicating with staff in terms of the decision-making
process.
In answer to a question about why the ad hoc committee needed to continue, N. Hanko
said they were not finished going through the Warner report. Responding to B.
Crowder's concern about the Board being involved in personnel issues, she said they did
not intend to replace the staff effort in negotiating with the union.
C. Britton shared B. Crowder's concern and stated that he could not recommend assigning
staff to attend ad hoc committee meetings.
J. Escobar reminded ad hoc committee members that they had discussed the issue of staff
participation. One of the primary recommendations of the report was that management
needed to form a better working relationship with staff, that there needed to be a higher
level of trust, and that they needed to set up some system to make sure that happens.
P. Siemens said that when the work plan is completed and items prioritized he would like
to dissolve the ad hoc committee. The work plan should identify which standing
Meeting 99-05 Page 6
committee each item would go to.
Motion: M. Davey moved that the Board approve the retention of the rangers'
defensive equipment and current uniform profile, and reaffirm by formal
Board action the policy not to arm the ranger stab, authorize the General
Manager to hire two additional rangers, one in each geographic area; direct
the Ad Hoc committee to continue developing a work plan based upon the
Operations Program Review in such a manner as to foster a closer working
relationship among field staff, management, and the Board of Directors;
and direct the Ad Hoc committee to continue its work with staff and to
periodically provide progress reports to the Board. K. Nitz seconded the
motion. The motion passed 6 to 0.
C. Agenda Item No. 3 - Teague Hill Open Space Preserve Surplus Prop: Update and
Authorization of Additional Budget for Consultant Services and Other Recommended
Services; Consideration of Alternatives Regarding Retention or Disposition of Surplus
Property at Pinto Way Through Tot Line Adjustment or as a Single Site; Determination of
Categorical Exemption from the California Environmental Quality Act_ and Authorisation
of Other Expenditures Related to Potential Disposition Under Either Alternative—fReport
R-99-25)
R. Anderson reviewed staff s three alternative recommendations, stating that this was a
complicated issue.
C. Britton provided historical information about the property and said he recommended
alternative 3. Discussion followed regarding the value of the land.
Eric Broadbent, 30 Roan Place, Woodside, said he and his neighbors were now involved
in an area emergency response plan. He said it wouldn't do any good to add to the
potential of development in this area. He said it would be irresponsible to develop there
and urged approval of alternate 3.
S. Schectman clarified that the District's compliance with CEQA requirements was
adoption of a categorical exemption.
B. Crowder pointed out that had the District not purchased the land in 1988, it probably
would have been developed.
.Ann Nolan, 40 Roan Place, Woodside, thanked the District for purchasing and preserving
the land. She asked them to reflect on their purpose and urged then to vote for option 3.
She described the dangerous situation should there be a fire or flood. She said she
thought the District had erred in thinking the property was saleable and gave reasons for
her opinion. She asked that they focus on their mission.
Jay Siedenburg, 10 Pinto Way, Woodside, urged approval of proposal 3. He was
concerned about fire safety and evacuation routes. He said there are 46 houses on the cul-
de-sac. He has expressed his concerns to the Town and quoted a letter from the town
Meeting 99-05 Page 7
attorney stating that safety would be an issue at the time development is sought. In
relationship to that, Mr. Siedenburg said getting the lot line adjustment might not mean it
is developable.
Pauline Siedenburg, 10 Pinto Way, Woodside, talked about her personal experience
regarding flooding after water was diverted, and urged approval of alternate 3.
C. Britton said public parking would probably be along Kings Mountain Road in concert
with the County of San Mateo.
N. Hanko talked about how Teague Hill was acquired. She said she would have preferred
a fourth option which would be to completely give up any intention of doing anything with
the property except saving it as open space.
Motion: M. Davey moved adoption of alternative 3, that the Board cease attempts
to actively complete the lot line adjustment or market the property: A.
Determine that the sale of surplus property for potential development as
one residential lot is categorically exempt from the California
Environmental Quality Act (CEQA) based on the findings contained in the
staff report. B. Authorize an additional $5,000 budget for the project in
the 1998-1999 FY Planning Program budget($35,000 total) to allow plans
and reports to be finalized. C. Approve the continued undedicated status
of the property for potential future exchange or sale. P. Siemens seconded
the motion.
Discussion: P. Siemens noted it was unfortunate that the ballot issue in Woodside to
purchase this property didn't pass. He talked about Los Gatos purchasing
half of St. Joseph's Hill and said he said he would support alternative 3. J.
Cyr said he would support that alternative as well.
Vote: The motion passed 6 to 0.
C. Britton and Board members thanked R. Anderson for his work on the project.
The Board resumed discussion of Agenda Item No. 1.
Agenda Item No. 1 —Adoption of the Final Basic Poligv Language for Objective 2- Open
Space Management* Policy c, Recreational Use and Improvement Tentatively Adopted
December 16, 1998- or: Consider the Alternative Wording Based on the Trail Use policies
-feport R-99-31).
Motion: B. Crowder moved that the Board approve the wording as amended. P.
Siemens seconded the motion. The motion passed 6 to 0.
Following is the proposed wording of the criteria-based alternative approved by the
Board:
I
Meeting 99-05 page 8
"The timing and level for low intensity public recreational use of District open space land
will be evaluated for each type of use in terms of four basic criteria:
l. Protection of natural resources;
2. Protection of the opportunity for tranquil nature study and observation;
3. Avoidance of significant user conflicts;
4. Availability of Board and staff time, and/or other means, to plan and manage the
use.
The District will plan for low intensity public access to ensure that these criteria will be
met before use is provided, and will control use that does not meet the criteria, as
interpreted by the Board. To protect open space qualities, the District will use a high
standard in applying the criteria.
Access for hiking is typically unrestricted on District trails and lands. Wheelchair
accessible trails and other reasonable accommodations for people with disabilities are
provided to ensure access to a range of open space settings with wide geographic
distribution. Safe and enjoyable access for hiking and for persons with disabilities may be
given priority over other types of uses where significant conflicts are evident.
The District is committed to working with different trail user groups to find practical
solutions to recreational use issues with the understanding that some trails or preserves
may not be open to all uses."
D. Agenda Item No. 5 -Approval of the First Amendment to Communications Site Leas
and Agreement with Sprint Spectrum to Accommodate an Agreement with CellularOne
at the Same Location at Pulgas Ridge Open Space Preserve;Determination that the
Recommended Actions are Categorically Exempt from the California Environmental
Quality Act; Authorization for the President of the Board of Directors to Execute the First
Amendment to Communications Site Lease and Agreement with Sprint Spectrum for the
Telecommunications Facility at Pul as Ridge Open Space Preserve; and Authorization for
the President of the Board of Directors to Execute a Communications Site Lease and
Agreement with CellularOne for the Telecommunications Facility at Pulgas Ridge Open
Space Preserve—(Deport R-99-29)
C. Britton said we are actually getting more money. S. Schectman said CellularOne is co-
locating and using less space.
Motion: K. Nitz moved that the Board determine that the recommended actions are
categorically exempt from the California Environmental Quality Act
(CEQA) as set forth in the staff report; authorize the President of the
Board of Directors to execute the First Amendment to Communications
Site Lease and Agreement with Sprint Spectrum for the
telecommunications facility at Pulgas Ridge Open Space Preserve; and
authorize the President of the Board of Directors to execute a
Communications Site Lease and Agreement with CellularOne for the
telecommunications facility at Pulgas Ridge Open Space Preserve. B.
Meeting 99-05 Page 9
Crowder seconded the motion. The motion passed 6 to 0.
E. Agenda Item No. 6 - Acceptance of the 1998 Miscellaneous Enforcement Activity
Summary and the Eight Year Field Activity Summary—(Deport R-99-O 1)
B. Crowder asked if the bicycle violations in Appendix B could be broken down by
occurrence at ECDM and/or Sierra Azul. G. Bailfie said it could be done after some
research.
J. Escobar said staff will be sending a memo to the Board on current conditions at ECDM
following adoption of the trail plan. C. Britton said staff wants to keep track of re-
opening of trails.
In answer to questions regarding Items A.13 and 14 of Appendix B, J. Escobar said those
violations would include such things as blocking gates and being in a handicapped parking
space. G. Baillie said the reason for so many warnings compared to citations is that part
of the philosophy is trying to educate users. J. Escobar said staff is proactive in terms of
writing tickets compared to many other agencies.
In answer to a question about item D.3, resisting arrest, G. Bailfie said it has the potential
to be dangerous. There have been no assaults on staff.
G. Baillie clarified that violations are of District ordinances, versus violations of the Penal
Code.
At the request of N. Hanko, G. Baillie read from the record of a June 13 assault with a
deadly weapon(bicycle).
Motion: B. Crowder moved that the Board accept the report. K. Nitz seconded the
motion. The motion passed 6 to 0.
F. Agenda Item No. 7 - Annual Progress Report On the Use of Radar On District Lands
(Report R-99-24).
K. Nitz asked why citations decreased more than readings. J. Escobar said staff has a
high degree of discretion. He talked about possible reasons for the decrease and said they
might do a study with radar which would compare readings by plainclothes personnel in
contract to those in uniform.
Motion: P. Siemens moved that the Board accept the report. K. Nitz seconded the
motion. The motion passed 6 to 0.
G. Agenda Item No. 8 -_Acceptance of the Informational Report on the Range_ r Bicycle
Patrol Program in 1998—(`Report R-99-30).
G. Baillie said weather and absence of rangers were factors in the decrease. J. Escobar
mentioned that they are getting two new radar units which are much fighter than the ones
i
Meeting 99-05 Page 10
currently in use.
Motion: P. Siemens moved that the Board accept the report. K. Nitz seconded the
motion. The motion passed 6 to 0.
VH. INFORMATIONAL REPORTS
M. Davey attended the County Planning Commission representing the District in deliberations
about what to do about Stanford land. Their use permit is coming to a conclusion. C. Britton
said the District would like to be involved in seeing that everyone gets together and he thought
the Board would want to take a position on this. He will draft a letter for the President's
signature.
M. Davey talked about the first meeting with the coastside the previous evening. Votes were
unanimous that Rich Gordon be chair, and on the process for screening applications.
N. Hanko said the South Skyline meeting was interesting. J. Cyr said he thought it was especially
significant to have the three sheriffs, county parks, CDF, and the District on the same panel.
B. Crowder attended the San Mateo County Historical Museum grand opening. She said there
was information in the FYIs regarding the Bay Area Open Space Council conference on May 14.
C. Britton reported as follows: 1. He attended the Santa Clara County LAFCO meeting where
they approved a request from San Mateo County to take jurisdiction on the coastal annexation. 2.
The Santa Clara County Parks Commission voted 6 to 1 against park fees. The Board of
Supervisors might still want to charge at Rancho. 3. They have received five applications so far
for the at-large positions on the coastal advisory committee. 4. B. Crowder, M. Davey and I
Cyr attended the State of the District presentation last Friday. Program members made the
presentations. S. He received a call from Ted Lempert's office regarding representation on the
Airport Roundtable. 6. He complimented the Board on the hard work they did at this meeting.
M. Smith announced the District's annual volunteer recognition event which will take place on
Thursday, June 24.
J. Escobar said he and G. Baillie will make presentations at the CPRS Conference which will be at
the Santa Clara Convention Center February 18-20.
VIII. ADJOURNMENT
At 11:38 P.M., the meeting was adjourned.
Roberta Wolfe
Recording Secretary