HomeMy Public PortalAbout19791024 - Minutes - Board of Directors (BOD) Meeting 79-25
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022
(415) 965-4717
Regular Meeting
Board of Directors
M I N U T E S
October 24, 1979 375 Distel Cir. , Suite D-1
Los Altos, California
I. ROLL CALL
The meeting was called to order by Vice President Barbara Green
at 7 : 35 P.M.
Members Present: Dan Wendin, Barbara Green, Nonette Hanko, Richard
Bishop, and Harry Turner.
Members Absent: Katherine Duffy and Edward Shelley.
Personnel Present: Craig Britton, Eric Mart, Charlotte MacDonald,
Cynthia DiGiovanni, Stan Norton,and Sue Herda.
II. EXECUTIVE SESSION
The Board adjourned to executive session at 7 :45 P.M.
The Board reconvened at 8 :00 P.M. for the public meeting.
III. WRITTEN COMMUNICATIONS
There were no written communications.
IV. ADOPTION OF AGENDA
The Board adopted the agenda by concensus with the addition of
Professional Services Agreement with Peninsula Open Space Trust,
to be added under New Business With Action Requested.
V. ORAL COMMUNICATIONS
Robert Mark, 725 Cowper, Palo Alto, reiterated his statement regard-
ing the problem of the no parking signs on Skyline Boulevard adjacent
to the Long Ridge Open Space Preserve. He requested that the District
look into the matter again and encourage Caltrans to design signs more
fitting for a scenic corridor.
Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,NonetteG.Hanko,RichardS.Bishop,EdwardG.Shelley,Harry A.Turner,Daniel G.Wendin
Meeting 79-25 Page Two
VI. OLD BUSINESS WITH ACTION REQUESTED
A. Final Approval of the Historical Restoration of the Fremont
Older Ranchhouse
C. Britton introduced memorandum M-79-136 , dated October 18 , 1979,
and said there were two items pertaining to the lease that S. Norton
felt District staff should address: 1) the filing of as-built plans
and specs with the District, and 2) a calculation establishing the
original investment as compiled by the Levines. He suggested the
Board direct staff to write a letter to the Levines asking for this
information, notifying them that the Ranchhouse Committee' s work is
complete, and thanking them for their excellent work.
Motion: R. Bishop moved that the Board instruct staff to write a
letter to Mr. and Mrs. Levine covering the three points
mentioned: 1) request for the as-built plans, 2) request
for a statement of the value of the capital improvements
(using the wording in the lease) , and 3) notice that the
Fremont Older Ranchhouse Committee has completed its work,
while thanking them for their dedicated and excellent work.
N. Hanko seconded the motion. The motion passed unanimously.
By consensus, the Board also directed staff to write a letter of
thanks to each Committee member.
D. Wendin said it was appropriate to disband officially the Ranchhouse
Committee.
Motion: D. Wendin moved that the Board accept the Fremont Older
Ranchhouse Committee report and concur that the work of
the Committee is complete. R. Bishop seconded the motion.
The motion passed unanimously.
B. Review of Use and Mangement of Planning Area VII (El Sereno and
Costanoan Way Open Space Preserves)
C. Britton introduced report R-79-36, dated October 18, 1979 and
pointed out that the staff still has not approached the Board with
a policy question regarding the criteria for emphasized and de-
emphasized sites. El Sereno was assumed to be a de-emphasized site
and the use and management plan reflected low level of development.
B. Green asked when staff was going to complete the guidelines for
emphasis and development of District sites.
C. Britton said that it would be one of the first tasks of the new
Land Manager. He felt that completion in six months would be
realistic.
Meeting 79-25 Page Three
N. Hanko stated that she felt the District was going to be sanc-
tioning the closure of some of the sites that haven't received the
amount of public use anticipated by the District, and the Board
had not addressed the emphasis/de-emphasis question. If she voted
for the recommendation contained in the report, she wanted to have
some assurance that the District would simply be holding-off the
development until the Board addressed the policy question and that
the roads would provide adequate access for hikers.
C. Britton said there were no signs discouraging public access .
B. Green suggested discussing the site emphasis question at the
annual workshop.
R. Bishop asked if the District had any signs that read "MROSD Open
Space Preserve" at any of the entrances to El Sereno.
E. Mart noted that the signs read "MROSD Open Space Preserve, District
Boundary, " followed by a listing of two ordinances that cover all
District regulations. He said two of the entrances have such signs.
R. Mark said that he had not noticed the signs on many of the District
sites, and there didn't seem to be any indication of public ownership.
He felt that signs that list ordinances, without saying what those
ordinances are,give the impression that the public is not allowed on
the property.
N. Hanko said she thought that when the Board adopted the policy of
signs, the Board provided for notification to the public of the
District rules.
R. Mark suggested that a phrase like "Closed Dusk to Dawn" might be
added to the sign.
Sam Jones, 19 La Vuelta, Vallejo, asked where the public could obtain
copies of the ordinances.
B. Green said that they could be obtained at the District office.
E. Mart said that he wanted to clarify the purpose of the signs. He
stated that there is a legal requirement for an agency such as the
District to post its boundaries at specified distances between points.
The typeface that indicates the ordinances is an 1/8th inch high and
was designed for the specific point of satisfying the legal requirement.
He said it is not the standard open space preserve sign, which condenses
the five page ordinances of the District.
N. Hanko suggested that the staff review some of the Board policies
regarding various sites.
C. Britton said that he felt that staff had carried out current policy.
B. Green reiterated that the Board should address the question of
emphasis and de-emphasis of District sites as its annual workshop or
at an open meeting.
Meeting 79-25 Page Four
D. Wendin said that he hoped that none of the discussion comments
would be taken as being an item for staff action, without further
discussion by the Board.
Motion: H. Turner moved that the Board adopt the use and manage-
ment recommendations contained in report number R-79-36.
B. Green seconded the motion. The motion passed unanimously.
C. Temporary Associate Land Acquisition Representative
C. Britton reviewed memorandum M-79-138, dated October 19, 1979.
He noted that Land Acquisition has a substantial amount of money in
previously commited projects, and despite the available funds, there
has not been one fiscal year where the District has spent over $3. 3
million for land purchases. Because of rising land costs, it was
important to hire a Land Acquisition Representative for one year to
assist in clearing up the backlog of commitments.
Motion: N. Hanko moved that all of the recommendations contained
in memorandum M-79-138, dated October 19, 1979, be approved
and that the General Manager be authorized to fill that
position. R. Bishop seconded the motion.
Discussion: D. Wendin noted that the Budget Committee re-
viewed the recommendations at its recent committee meeting
and concured with the recommendations contained in the
memorandum. H. Turner said that in addition, the Budget
Committee wanted it emphasized that certain specified
acquisition objectives should be fulfilled. He noted that
the thrust of the purpose for hiring the Land Acquisition
Representative was to clean out the backlog commitments
for FY 78/79 and FY 79/80. The Budget Committee advised
that the Board ask for regular reports on the progress from
C. Britton at three month intervals . The motion passed
unanimously.
D. Professional Services Agreement with P.O.S.T. (Jon Olson)
N. Hanko noted that since this was a non-agendized item, the Assistant
General Manager should establish the need for the Board to take action
on the emergency item.
S. Norton noted that the Board' s rules provide that if the Board is
going to take the item up as a non-agendized item, then the Board
should vote to take it up and C. Britton should establish a basis for
the emergency.
C. Britton said the reason for requesting that the item be added to
the agenda as an emergency item was to provide continuity for ongoing
projects that Jon Olson was involved with as the former Land Manager,
which have been in abeyance because of the absence of an agreement
for services. Also, it was necessary for H. Grench to check with the
new Land Manager before entering into such an agreement. Since Mr.
Olson had been out of town, this was the first opportunity to present
the agreement. He noted the projects Mr. Olson would work on need
immediate attention.
Meeting 79-25 Page Five
Motion: B. Green moved that the Board take the item up as an
emergency item. D. Wendin seconded the motion. The
motion passed unanimously.
C. Britton reviewed the proposed activities to be covered by the
agreement with P.O.S.T.
S. Norton summarized the legal aspects of the agreement.
H. Turner asked why the agreement was with P.O.S.T. rather than with
Jon Olson himself, and asked if P.O.S.T. was receiving any money from
the arrangement.
D. Wendin noted that paragraph 12, the insurance and hold harmless
clause, is important to the District, because in hiring an ex-employee,
there is a possibility of the State finding him to be an employee.
The clause passes that burden onto P.O.S.T.
C. Britton said Mr. Olson would be compensated at the rate of $32/hr
out of the $35/hr District cost.
N. Hanko wondered if the "District" in the agreement was the Board or
the General Manager. She requested that the Board be involved, in
six months time, in determining whether or not the agreement is ter-
minated.
D. Wendin said that this matter falls under the sole discretion of
the General Manager. If any Board member wanted H. Grench to make a
report available, it seemed feasible; however, including the item on
an agenda seemed inappropriate.
Motion: D. Wendin moved that the Board authorize the Assistant
General Manager to sign the Agreement for Professional
Services with P.O.S.T. B. Green seconded the motion.
The motion passed unanimously.
VII. NEW BUSINESS WITH NO ACTION REQUESTED
A. Public Access to Rancho San Antonio Open Space Preserve
E. Mart introduced memorandum M-79-135, dated October 18 , 1979 and
presented a brief slide show. He noted that the Seminary had painted
the curbings red up to the Caltrans right of way and that the Seminary
had employed a couple of its seminarians as security guards, primarily
on Friday evenings and all day on Saturday and Sunday. Since 1975,
use and management plans have shown that the District was going to
try to utilize some of the property that Santa Clara County owns on
Cristo Rey Drive for main access to the site. He referred to a map
of the County' s plans for the proposed site and pointed out how the
County' s plans will aid the District. He said that the St. Joseph' s
entry into the site will not be eliminated since it provides access
for private residences on the site and is used by District vehicles.
R. Bishop asked for a timetable for the County' s development plans
for the parking area at the new access through Cristo Rey Drive.
Meeting 79-25 Page Six
E. Mart said that he met with the Director of County Parks and the
Engineer in charge of the project, and they felt that phase one
(a gravel road to the creek and bridge) , a parking lot, and a rest-
room facility would be completed by the fall of 1980.
D. Wendin wondered if it was feasible for the District to advance
the County the money to complete the project sooner, and then be
reimbursed by the County.
C. Britton suggested that if the County faced a manpower problem,
rather than a money problem, the District might be able to assist
in the preparation of plans and bids for the project.
D. Wendin recommended that staff explore the possibilities with the
goal of getting the parking lot in by peak summer season.
N. Hanko asked if the County had agreed to a District sign on the
site that would indicate the trail to the District property.
E. Mart responded that he did not know at this time.
S. Norton said he was concerned with the chain, which gives the
impression that it goes across the entire entrance way, and he
objected to the private property sign which he considered misleading
to the public. He said there were some possible effects on the Dis-
trict' s legal rights to use St. Joseph' s road. He suggested that
a new sign be worded to cover both the Church' s and District' s
concerns.
N. Hanko stated that she would like to see a sign designating District
property at the end of the road and indicating that hikers, bicycles
and cars (by permit only) are welcome. An explanation of how permits
can be acquired should be included.
R. Mark said that he felt that Board action should have been taken
two months ago and that the rights of the public are being infringed
upon by the Church. He said he felt that the Church should be informed
immediately that the current situation is unacceptable and in violation
of the District' s and public' s rights.
D. Wendin stated that the District effort should focus on the comple-
tion of the parking lot by the County. He said the installation of
a sign at the freeway would encourage public activity at the
preserve, and the basic policy is to not encourage vehicular access
to that preserve.
R. Mark noted that most of the individuals who reach the point of
the freeway overpass are already heading to the District site and
are being discouraged by the current sign.
N. Hanko said that the District should inform the public of Board
policies for the site.
Meeting 79-25 Page Seven
D. Wendin suggested that if the District puts a sign near the
freeway, the sign should read that the public is allowed on the
preserve, but that the District must limit permit access because
of the small ten-car parking lot.
S. Norton suggested that District staff, and possibly a few Board
members, have an exploratory meeting with the Church to discuss
the situation.
R. Bishop noted that the most urgent matter was to have the chain
removed because it is a violation of District rights . He suggested
that District Counsel be directed to write a letter so stating.
C. Britton said that staff could contact the County to see if their
project could be accelerated and discuss possible signing at the
Cristo Rey Drive entrance.
B. Green stated the consensus of the Board was : 1) for staff to
continue discussions with the County on how to implement, facilitate,
and accelerate the County park project, 2) for directing S. Norton
to write a letter to the Church, and 3) for staff to decide whether
or not a sign is going to be in order (as a subsequent action follow-
ing S. Norton' s letter to the Church) .
VIII. INFORMATIONAL REPORTS
C. Britton referred to the memorandum from H. Grench regarding the
filling of positions of Land Manager and Administrative Assistant.
C. MacDonald, referring to copies of the Palo Alto Weekly that she
distributed, mentioned that it was a new publication, and the first
edition contained an article on the District. She also mentioned
that the District will have a booth at the International Conservation
Fair the following weekend in Palo Alto, and urged Board members to
attend.
IX. CLAIMS
Motion: D. Wendin moved the revised claims, C-79-21, dated October
24, 1979. B. Green seconded the motion. The motion passed
unanimously.
X. EXECUTIVE SESSION
The Board adjourned to executive session at 10: 50 P.M.
XI. ADJOURNMENT
The Board reconvened and adjourned at 11:45 P.M.
Sue Herda
Secretary
CORRECTIONS TO MINUTES OF
III. APPROVAL OF MINUTES
A. October 24, 1979
K. Duffy asked for an action update on the public access
situation at Rancho San Antonio . Open Space Preserve.
H. Grench reported S. Norton had sent a letter to the Catholic
Church and staff was in the process of setting up a meeting
with Santa Clara County officials to discuss alternate access.
Motion: N. Hanko moved that the minutes of October 24 , 1979
be approved as presented. R. Bishop seconded the
motion. The motion passed unanimously.
F A
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CORRECTIONS MINUTES OF
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