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HomeMy Public PortalAbout19810114 - Minutes - Board of Directors (BOD) Feting 81-1 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 January 14 , 1981 I . ROLL CALL The meeting was called to order by President Barbara Green at 7 : 38 P.M. Members Present: Katherine Duffy, Barbara Green, Edward Shelley, Nonette Hanko, and Harry Turner. Richard Bishop arrived at 7 :40 P.M. and Daniel Wendin arrived at 8 : 30 P.M. Personnel Present: Herbert Grench, Craig Britton, Steven Sessions , Charlotte MacDonald, David Topley, Pat Starrett, Susan Bayerd, Del Woods, Michael Foster, Stanley Norton, and Jean Fiddes . II . APPROVAL OF MINUTES December 10 , 1980 E. Shelley requested that the words "and mileage markers" be deleted from S. Sessions ' statement at the end of the Discussion paragraph at the top of Page Eight since he felt the Board did not intend for mileage markers along Skyline Boulevard to be removed. K. Duffy noted S. Norton 's response on Page Three relating to the subject of granting an option to renew the 25 year Thornewood lease in advance should be clarified and recommended the following revised wording, "S . Norton replied that it was not possible since an option is an obligation beyond the allowed 25 year period; however he said a lease could be renewed each year or periodically thereby extending the term 25 years forward. " B. Green stated the revised minutes were approved by Board consensus . III . WRITTEN COMMUNICATIONS J. Fiddes noted the Board had received a letter, dated January 10 , 1981, from Elizabeth Dana on behalf of the Board of Directors of Hidden Villa, Inc. and said the letter concerned Hidden Villa' s request to be allowed to continue occasional overnight use of certain areas belonging to the District that adjoin Hidden Villa. H. Grench noted District staff had requested that the Hidden Villa staff put their camping requests in writing for Board and staff consideration, and he suggested the Board refer the letter to staff for review. B. Green stated the Board' s consensus that the letter should be referred to staff and staff should report back to the Board with suggested action and with a draft letter of response. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G Wendin Meeting 81-1 age Two IV. ADOPTION OF AGENDA H. Grench noted the Board may have to be flexible on the timing of the third Special order of the Day, "Our Vanishing Farmlands" , since the slide presentation had not been set up as of the beginning of the meeting. B. Green stated the agenda, with a possible timing change for the slide presentation, was adopted by Board consensus. V. ORAL COMMUNICATIONS There were no oral communciations. VI . SPECIAL ORDERS OF THE DAY A. Election of Officers The Board elected -EN6 following Directors to serve as officers for 1981: Richard Bishop, President; Daniel Wendin, Vice President; Katherine Duffy, Secretary; and Barbara Green, Treasurer. B. Resolution of Appreciation Motion: R. Bishop moved the adoption of Resolution 81-1, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Commending Assemblyman Victor Calvo for His Assistance to the Midpeninsula Regional Open Space District and to the Environment of the State of California. B. Green seconded the motion. The motion passed unanimously. R. Bishop presented the Resolution of Appreciation to Mr. Calvo who thanked the Board for honoring him. The Board recessed for a short break at 8 :00 P.M. The Board reconvened for the public meeting at 8 :07 P.M. H. Grench introduced Kip Lipper, from Assemblyman Byron Sher' s local office. R. Bishop stated the Board would postpone the first Executive Session on land negotiations and the Thornewood agenda item until Director Wendin was present and would move on to the fifth agenda item. There were no objections to this change. VII . OLD BUSINESS WITH ACTION REQUESTED A. Dee a-Restrictions for Proposed Windy Hill Open Space Preserve Acquisition C. Britton distributed an amended version of Exhibit "B" Covenants, Conditions and Restrictions Running With The Land, the Deed Restrictions for the Windy Hill Open Space Preserve acquisition ,and reviewed each of the changes that were contained in the amended version. He noted that P.O.S .T. and the District had reached agreement on the wording of the last paragraph of the restriction and said the paragraph would end after the words "subject property" , thus eliminating the different subsequent phrasing that had been suggested by the District and by Pen-Insula Open Space Trust. C. Britton reviewed memorandum M-81-5 , dated January 8 , 1981 , noting that three categories of uses , permitted uses , prohibited uses , and conditional uses, were covered in the deed restrictions. He said conditional uses required advisory design review comment from the Meeting 81-1 F Three Town of Portola Valley. S . Norton reviewed the portion of the Deed Restrictions pertaining to enforcement, noting the agreement reserves the grantor and the Town of Portola Valley the standing to enforce the agreement. Motion: K. Duffy moved that the Board approve the Deed Restrictions as amended. H . Turner seconded the motion. The motion passed unanimously. B. Monte Bello Open Space Preserve Development Plan Demolition Project Approval S. Sessions reviewed report R-81-4 , dated January 8, 1981, noting staff was seeking Board approval of the demolition portion of the Monte Bello development plan which would authorize the removal of cabin, fireplace, and two cisterns on the Monte Bello Open Space Preserve. He noted that a geologist/soil engineer would make recommendations to District staff on the demolition process for the cisterns so as to protect the spring and the bay tree. He said a large cistern along Page Mill Road would be retained as a water source for future agricultural use. N. Hanko asked what other drinking water sources would be available if the cisterns were demolished and what the cost would be for covering over the larger cistern rather than destroying it. S. Sessions responded there was a possibility of getting water from the domestic system on Page Mill Road or from the City of Palo Alto' s storage system. He said he did not know the cost of covering the cistern and that the cistern would continue to be an attractive nuisance even if it were covered. Motion: H. Turner moved the approval of the demolition portion of the Monte Bello Open Space Preserve development plan and the authorization for staff to proceed with demolition of the identified structures , the cisterns, the chimney, and the cabin. E. Shelley seconded the motion. Discussion: Mark Schneider, P. O. Box 343 , Star Route No. 2, La Honda, requested that the Board table any action on this item until his litigation concerning the possession of the land composing the Preserve was settled. He felt it was senseless to destroy a valuable water resource and noted some individuals considered the cistern near the bay tree to be a sacred spot. He asked for assurance that the 30 day period noted in the report would pass before any demolition occurred so he could exercise his right to go to court to get an injunction to stop the action. Lee Hendrickson, P. O. Box 343, Star Route No. 2 , La Honda, requested that the cisterns not be destroyed in light of a potential drought year ahead. N. Hanko suggested that the Board refrain from taking any action on the demolition of the cisterns until the Board had had the opportunity to discuss the Site Emphasis policy question pertaining to the provision of drinking water. H. Turner called for the question and the motion passed unanimously. H. Turner urged the staff to proceed in an expeditious manner on this matter. Meeting 81-1 Page Four vIII . EXECUTIVE SESSION The Board recessed to Executive Session at 8 :50 P.M. and reconvened for the public meeting at 9 :40 P.M. IX. SPECIAL ORDERS OF THE DAY R. Bishop introduced Larry Orman, the Executive Director of People for Open Space, who presented a multi-image slide show entitled "Our Vanishing Farmlands" . X. OLD BUSINESS WITH ACTION REQUESTED C. Thornewood Proposals Review Committee Activity Report N. Hanko distributed a letter, dated January 14, 1981, addressed to the Board of Directors from Olive Mayer, 245 Josselyn Lane, Woodside, Kenneth Arutunian, and Karen Nillson. The letter expressed their supportfor the proposal submitted by Mr. R. Bruce Ricks and stated they felt it was contrary to Mrs. Thorne' s will to allow the Thornewood house and approximately three acres of land to be exchanged for another piece of land. The minutes of their January 9 , 1981 meeting with Mr. Ricks were appended to the letter. R. Bishop stated the Board would take the letter into consideration when discussing the item. H. Turner reviewed memorandum M-81-2 , dated Janaury 8 , 1981, from the Thornewood Proposals Review Committee and noted that Mr. and Mrs. David Elder had withdrawn their proposal. D. Wendin stated the proposal from Mr. E. K. Fisher should be added to the list of proposals to be considered since Mr. Fisher had clarified parts of his proposal that had been questioned by the Committee. He commented that the item before the Board represented an extremely unusual situation since an unanimous vote of the Board was needed for an exchange, while only a majority vote of the Board was need for a lease. He said the Committee hoped the Board members would address this issue and determine , if possible, which of the five general alternatives outlined in the Recommendations portion of the report should be pursued. He proposed for discussion that the Board consider the exchange alternative, expressed his support for this alternative, and stated that,if it appeared there was not an unanimous vote of the Board for an exchange, the Board should charge the Committee with how to proceed. Directors Shelley, Duffy, Turner, Bishop, and Green indicated they could support the possibility of an exchange . Director Hanko stated that, despite the fact that an exchange might further the basic goals of the District by acquiring more land and lengthening the trail system, the Thornewood house and property were different from other property acquired by the District since it had been acquired as a gift from the Sierra Club. She said that the Sierra Club Committee that was responsible for overseeing the property before it was given to the District had some strong feelings as to the disposition of the property once the District took title to it and she had not heard anything from the members of that Committee to encourage her to support an exchange. She stated she would like to hear from the members of the former Thornewood Committee before she made any decision regarding an exchange. Meeting 81-1 je Five R. Bishop stated that the Sierra Club ' s Thornewood Committee had been disbanded, but the leading people from that Committee had addressed the Board on the subject of an exchange,and he felt they were representative of the Thornewood Committee. He also stated that the Board had studied Mrs. Thorne ' s will care- fully and that it was the opinion of S . Norton that legally, with an unanimous vote of the Board, the District could exchange a portion of the Thornewood property. Motion: D. Wendin moved that the Board direct staff to negotiate with Mr. and Mrs . Gano a proposal which meets the following three points 1) meets criteria adopted by Board for all proposals subject to whatever groundrules the Thornewood Proposals Review Committee adopts concerning exceptions, 2) the exchange is for fair market value, and 3) that the exchange maximizes the possibility of obtaining a trail link to Portola Valley as part of any ultimate acceptance of such a proposal, or direct staff to bring appropriate legal action to determine whether or not the property may be exchanged under the will and direct the Thornewood Proposals Review Committee to continue the process of reviewing lease proposals to return with a ranking in those proposals together with the criteria used for ranking so the Board can make its own ultimate selection. B. Green seconded the motion. Discussion: Harry Hauessler, 1094 Highland Circle, Los Altos, noted that a lease arrangement would continue to require additional staff time. Olive Mayer asked the Board not to make a decision until a legal study had been completed on Dennis Martin and Espinosa Roads. D. Wendin requested that the Thornewood Committee resubmit to the Board in writing its thoughts concerning an exchange. Kenneth Arutunian, 360 Bryant Street, Palo Alto, speaking on behalf of the former members of the Thornewood Committee, said it was the unanimous feeling of the former members that they were opposed to an exchange and noted that if the Committee had ever thought there would be an exchange of the Thornewood property, they would not have recommended that the Sierra Club give the property to the District. In response to a question from H. Turner, S. Norton stated it was his opinion that the gift of the property from the Sierra Club was an unrestricted gift. D. Wendin asked if the Sierra Club Foundation had taken a stand on the disposition of the property. Jan Matser, 151 Calderon Avenue, No. 137 , Mountain View, said the Foundation had followed the recommendations of the former Thornewood Committee. C. Britton noted that in a previous conversation with Mr. Steve Stevick of the Sierra Club Foundation, Mr. Stevick had indicated that the Thornewood property now belonged to the District and the District was responsible for what was done with the property. D. Wendin stated the Sierra Club Foundation should be contacted for an official state- ment and N. Hanko stated it would be acceptable to her to hear from the Foundation. Motion: R. Bishop moved that the pending motion be tabled until such a time as the Board has asked the Sierra Club Foundation for their thoughts on the question of whether an exchange Meeting 81-1 Page Six proposal would be consistent with the terms of the gift to the District. N. Hanko seconded the motion. Discussion: B. Green asked if the motion implied that members of the Thornewood Proposals Review Committee would meet with Sierra Club Foundation representatives . R. Bishop responded that it did. S . Norton commented that such an inquiry of the Foundation go on with the understanding that the outcome would have no legal effect and that no further restrictions be imposed as a result of the conversation. The motion to table the pending motion passed unanimously. D. Wendin stated that, although several members of the Board had indicated a preference for an exchange arrangement, the Thornewood Proposals Review Committee would continue to deal fairly with individuals who submitted a lease proposal. R. Bishop appointed D. Wendin to contact the Sierra Club Foundation and to present the exchange possibility to them for consideration. D. Long Term Office Space Needs and Location Motion: D. Wendin moved deferring this agenda item to the meeting of January 28 , 1981 . B. Green seconded the motion. The motion passed unanimously. XI . NEW BUSINESS WITH ACTION REQUESTED A. Dedication Status of District Lands Motion: K. Duffy moved that the Board accept the status report on dedication of District lands (report R-81-1, dated January 14 , 1981) . D. Wendin seconded the motion. Discussion: D. Wendin noted that this process for reviewing dedication status of District lands was not intended to be a time for considering dedication of certain parcels . He said that such dedication could take place later in the year during the use and management review process . The motion passed unanimously. B. Revision of District ' s Conflict of Interest Code Motion: N. Hanko moved the adoption of Resolution 81-2 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Repealing Resolutions 78-14 and 78-22 (Which Adopted a Conflict of Interst Code Pursuant to the Political Reform Act of 1974) . H. Turner seconded the motion. The motion passed unanimously. H. Grench noted S. Norton' s memorandum M-81-1, dated January 6 , 1981, asked the Board to consider establishing a January deadline as a goal for the filing of disclosure statements . Motion: E. Shelley moved that the Board adopt a January filing date as a goal. K. Duffy seconded the motion. Discussion: D. Wendin suggested it would be appropriate to included the January filing date goal in the Rules of Procedure . H. Grench noted there were some additional changes which could be considered in the Rules of Procedure. Amended Motion: E. Shelley amended his motion before the Board to include thestatement that staff be directed to draft appropriate changes in the Rules of Procedure. K. Duffy concurred with the addition and the motion passed unani- mously. Meeting 81-1 Page Seven C. Temporary Roof Cover for Picchetti Winery Buildings S . Sessions reviewed memorandum M-81-4 , dated January 8 , 1981, noting that a cover was needed to protect the winery' s roof from further deterioration. Motion: H. Turner moved that the Board concur with the Picchetti Winery Proposal Review Committee' s request to cover the roof. K. Duffy seconded the motion. The motion passed unanimously. XII . INFORMATIONAL REPORTS H. Grench read a December 31, 1980 letter from Robert Beckus , the District' s legislative consultant, regarding his new, executed two year contract with the District. H. Grench reported he had appeared at the January 9 , 1981 State Parks and Recreation Commission Hearing and had put in a nomination for augmentation funds for the Bear Creek Redwoods State Park. He said the District had also supported nominations for the South San Francisco Bay Trail, Castle Rock State Park, and Murray Ranch/Rancho Raymundo. He stated that Senator Ahlquist would be sending a letter of support for the Bear Creek Redwoods State Park project to the State Parks and Recreation Commission. H. Grench asked the Board members to consider February 18 , 1981 as a possible date for the Site Emphasis Policy Questions Special Meeting. He stated he would return to the Board at the January 28, 1981 meeting to formalize the date of the Special Meeting. S . Sessions reported that the Picchetti Winery Proposal Committee had met and would be holding a neighborhood meeting on January 21, 1981 at 7 : 30 P.M. at Montebello School. S . Sessions stated there had been an incident at the Rancho San Antonio Open Space Preserve involving Preserve users accompanied by dogs which had escalated into a resisting arrest situation. XIII. CLAIMS Motion: B. Green moved the adoption of the Revised Claims , C-81-1, dated January 14 , 1981. R. Bishop seconded the motion. Discussion: E. Shelley questioned Claim 1708 to Louis Bordi for road repair. S . Sessions responded the claim represented a series of road repair done for the District , and the major portion of the repair was done at the Fremont Older Open Space Preserve. The motion passed unanimously. XIV- EXECUTIVE SESSION The Board recessed to Executive Session at 11: 25 P .M. XV. ADJOURNMENT The Board reconvened to adjourn at 12 :10 A.M. , Thursday, January 15, 1981 . Jean H. Fiddes District Clerk CORRECTIONS TO MINUTES OF Ii , APPROVAL OF MINUTES A. December 30, 1980 K. Duffy stated the third paragraph on Page Two should be changed to read "K. Duffy noted that the wording should be changed from "four" members boards to "five" member boards in the next to last paragraph of this section" . D. Wendin requested that the sentence on Page Four referring to the Legislative Consultant' s increase in compensation be changed to read "He added that the effect of the change to equal monthly payments of $750 would be a 122% increase over two years" . Motion: N. Hanko moved the adoption of the revised minutes of December 30 , 1980 . K. Duffy seconded the motion. The motion passed unanimously. B. January 14 , 1981 D. Wendin noted that his motion on Page Five needed clarification since it was to have been a three-part motion and requested the motion be worded and punctuated as follows: "D. Wendin moved that the Board A) direct staff to negotiate with Mr. and Mrs . Gano a proposal which meets the following three points 1)meets the criteria adopted by the Board for all proposals subject to what- ever groundrules the Thornewood Proposals Review Committee adopts concerning exceptions, 2) the exchange is for fair market value, and 3) that the exchange maximizes the possibility of obtaining a trail link to Portola Valley as part of any ultimate acceptance of such a proposal; B) direct staff to bring appropriate legal action to determine whether or not the property may be exchanged under the will ; and C) direct the Thornewood Proposals Review Committee to continue the process of reviewing lease proposals to return with a ranking of those proposals together with the criteria used for ranking so the Board can make its own ultimate selection. " Motion: B. Green moved the adoption of the revised minutes of January 14 , 1961 . E. Shelley seconded the motion. The motion passed unanimously. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko.Richard S.Bishop.Edward G.Shelley,Harry A.Turner,Daniel G.Wendin