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HomeMy Public PortalAbout19810826 - Minutes - Board of Directors (BOD) Meeting 81-21 ► P, mw 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 August 26, 1981 I. ROLL CALL In the absence of the President and Vice-President of the Board, Director E. Shelley called the meeting to order at 7 :40 P.M. Members Present: Katherine Duffy, Edward Shelley, Nonette Hanko, Harry Turner, and Barbara Green. Members Absent: Richard Bishop and Daniel Wendin. J. Fiddes stated D. Wendin had informed staff he would be late for the meeting. Staff Present: Herbert Grench, Craig Britton, Charlotte MacDonald, Del Woods, Mary Gundert, Stanley Norton, and Jean Fiddes. Motion': B. Green moved the Board appoint E. Shellev President Pro Tempore until Vice-President D. Wendin was present. N. Hanko seconded the motion. The motion passed unanimously. APPROVAL OF MINUTES A. July 22, 1981 Motion: N. Hanko moved postponement of the approval of the July 22, 1931 minutes to the next Regular Meeting. E. Shelley seconded the motion. The motion passed unanimously. B. July 27 , 1981 Motion: B. Green moved the approval of the minutes of the July 27, 1981 Special Meeting. K. Duffy seconded the motion. The motion passed unanimously. C. August 12 , 1981 N. Hanko requested paragraph five, page three, be changed by inserting the word "necessarily" between "not" and "be" to read: "N. Hanko and D. Wendin responded the District was committed to providing adequate parking space for horse- trailers in the area, but that such parking would not necessarily be located in the new parking lot. " Motion: K. Duffy moved the minutes of August 12, 1981 be approved as amended. B. Green seconded the motion. The motion passed unanimously. WRITTEN COMMUNICATIONS J. Fiddes stated the Board had received a letter, dated August 17 , 1981, from John F. Killian, Division Chief, Special Accounting, Office of Controller, County of San Mateo, regarding the total value of the assessable property within the District for fiscal year 1981-1982. H. Grench stated no Board action was required and noted the assessed valuation was consistent with budget projections. Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,Nonette G.Hanko,Richard S,Bishop,Edward G.Shelley,Harry A.Turner,DanteiG Wendin Meeting 81-21 Page two IV. ADOPTION OF AGENDA K. Duffy stated that certain constituents in Los Gatos had requested that, if and when the Board considered a Resolution of Public Necessity for the Novitiate property, the meeting be held in Los Gatos, and she requested an item be placed on the agenda to discuss the request. E. Shelley stated the Board' s consensus that this request be considered an emergency item and be placed on the agenda under New Business with Action Requested after item three on the agenda. E. Shelley stated the agenda as modified was adopted by Board consensus. V. ORAL COMMUNICATIONS Larry Faber, representing the Midpeninsula Trails Council, requested that equestrians be allowed to park horsetrailers in the proposed Monte Bello Open Space Preserve parking lot until a designated area for horsetrailer parking was available on the McNiel property. E. Shelley noted item three on the agenda was on the Monte Bello parking lot and suggested Mr. Faber discuss the Council ' s request at that time. Robert Mark, 725 Cowper Street, Palo Alto, expressed his compliments to the Board on the excellent job of trail signing at the Los Trancos Open Space Preserve, noting he hoped such signing would occur on other District preserves. VI. SPECIAL ORDERS OF THE DAY A. Landscaping with California Oaks D. Woods introduced Nancy Hardesty of Toyon Landscape Architecture of Palo Alto and with whom the District had contracted for designing the Monte Bello parking lot. Ms. Hardest�1 1 made an informational slide presentation on landscaping with Calitornia oaks, noting she had planned to landscape areas around the parking lot with California oaks. D. Wendin arrived at 8 :15 P.M. , and E. Shelley turned over the chairing of the meeting to Vice-President Wendin. VII. OLD BUSINESS WITH ACTION REQUESTED A. Proposed Addition to Monte Bello Open Space Preserve (McNiel Property) C. Bri—tton reviewed report R-81-36, dated August 21, 1981, regarding the proposed acquisition of the McNiel property as an addition to the Monte Bello Open Space Preserve. He noted a voluntary settlement had been reached to allow the District to purchase the property for $600, 000, with escrow closing on October 31, 1981 unless extended by either party. He said that in the event the District, due to the application for a federal Land and Water Conservation Fund grant, needed to delay the close of escrow until as late as March 1, 1982, the District could rent the property beyond October 31, 1981 on a monthly basis at a rate of $4 ,500. He reviewed the use and manage- ment recommendations for the property, noting that staff would investigate the three new use and management recommendations and return to the Board with their findings or the status prior to the District taking actual possession of the property and opening it to the public. Harry Haeussler, 1094 Highland Circle, Los Altos, stated his dis- satisfaction that the public had not been invited to discuss the proposed use and management of the property and that the public was not taken into consideration when the District purchased land. Meeting 81-21 Page three D. Wendin asked what the procedure would be between this meeting and October to get public input on the use of the property and the proposed use and management recommendations. D. Woods noted that normally, when a change of use for a property was being considered, staff would invite people who had an interest in the property into the office to discuss possible uses. He noted that in cases where a great deal of interest had been expressed, a public meeting would be held on the matter, as in the case of Windy Hill. N. Hanko noted she intended to discuss public notification for the land use and planning process later in the meeting. Larry Faber, 3127 David Avenue, Palo Alto, askeC whether staff would actively solicit input from the public and organized groups. Tom Harrington and Robert McKim, neighbors of the NcNiel property, requested they be invited to the office when the use and manage- ment recommendations were considered. Lewis Reed stated the Mid- peninsula Trails Council should be involved in the process. H. Grench explained the difference between interim and regular use and management plans, noting the recommendations before the Board were interim recommendations and that the entire Monte Bello Open Space Preserve would be reviewed in 1982. Tom Kavanaugh, 1726 Spring Street, Mountain View, asked why the District would consider renting the property. C. Britton explained the aspects of the grant, noting that if escrow closed in October and the grant were awarded in February, the District would not be allowed retroactive costs. K. Duffy asked when the use and management plan would be returned to the Board, and D. Woods responded it was his understanding that staff would return to the Board in October with input on some of the more specific recommendations because it would be inappropriate to wait until may to address them. D. Wendin asked what questions regarding equestrian use staff would be considering before reporting to the Board in October. D. Woods responded staff would investigate the questions of whether there should be equestrian parking on the McNiel property, where horse- trails would be, and what the impact would be on the rest of the preserve if immediate action was taken. He noted that, depending on the degree of the various impacts, staff might recommend that no action be taken until May when the entire site was reviewed and total impacts could be considered. Motion: D. Wendin moved the Board adopt Resolution 81-41, a Resolu- tion of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certi- ficate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Monte Bello Open Space Preserve - McNiel Property) . Meeting 81-21 Page four N. Hanko seconded the motion. The motion passed unanimously. Motion: D. Wendin moved that the Board adopt the additional use and management recommendations and dedicate the property as public open space land, with the understanding that each of the three new recommendations will be the subject of staff planning which will be returned to the Board before actual taking of possess- ion. N. Hanko seconded the motion. Discussion: Wally Kauffmann, one of the heirs to the property, stated he was being displaced from his land. C. Britton re- viewed the history of the acquistion procedure for the Board. Motion to Amend: N. Hanko moved to amend the motion by adding a fourth use and management recommendation that states : "4) Staff to in- vestigate a proposed trail or site focusing on the Stevens Creek Watershed for the purpose of commemorating Frances Brenner. " D. Wendin seconded the motion. Discussion: H. Grench noted the District had received dona- tions in the amount of $2850 for the Brenner Memorial Fund. The motion passed unanimously. The motion, as amended, passed unanimously. C. Britton stated the District had been requested by the McNiel' s family attorney to allow a 30 day grace period beyond the close of escrow or District rental of the property for the residents to move off the property, as well as to allow Mr. Dan Kauffmann and his family to remain on the property in order to allow him to be an informal caretaker of the property while the District rented the property. D. Wendin stated the Board' s concurrence that staff should use its discretion in handling this matter. B. Monte Bello Open Space Preserve Parking Lot Plan H. Grench reviewed memorandum M-81-91, dated August 20, 1981, and stated staff was anticipating that, at the end of the discussion, the Board would be able to approve a plan for the Monte Bello parking lot that could be submitted to the City of Palo Alto for approval. Nancy Hardesty of Toyon Associates reviewed the parking lot plan she had prepared for the F2 location, as well as two alternate plans for the same location, both of which had different configurations for the landscape reserve areas. After various recommendations were made on refining the first alternate plan, which included a parking reserve in the southwest corner of the parking area, D. Wendin noted there appeared to be Board consensus on the general aspects of the first alternate plan discussed. Motion: D. Wendin moved that the Board direct staff to proceed with Exhibit Overlay #1, be authorized to appoint a sub-committee of the Board to review the final parking lot plan in behalf of the Board, and that the committee schedule a meeting at an appropriate time, as meets their schedule, for final review. H. Turner seconded the motion. Discussion: D. Wendin stated the Committee meeting should be publicly noticed so that any Board member could attend. The motion passed unanimously. Meeting 81-21 Page five D. Wendin appointed himself, H. Turner, and N. Hanko to serve on the Committee and stated the meeting would be held on Wednesday, Septem- ber 2, 1981, at noon at the District office. He noted that no additional approval from the Board would be requested if the Committee had no objections to the final plan. VIII. NEW BUSINESS WITH ACTION REQUESTED A. Summary Status Report on Use and Management of Planning Area IV - Rancho San Antonio Open Space Preserve D. Wendin stated the Board should next consider this agenda item since there were members of the public in the audience who had anticipated it would be discussed at 8 : 55 P.M. He noted the added agenda item on scheduling a meeting in Los Gatos would be considered after the summary status report. There were no objections. The Board recessed for a break at 9 : 50 P.M. and reconvened for the meeting at 10: 04 P.M. N. Hanko noted the Board had voted in adopting the agenda to consider the Novitiate item before the item on Planning Area IV, and noted she felt it inappropriate to change the order of the agenda at this time. Motion: D. Wendin moved that the Board consider item four on the agenda at this time. E. Shelley seconded the motion. The motion passed on the following vote: AYES: K. Duffy, B. Green, E. Shelley, D. Wendin, and H. Turner NOES: N. Hanko D. Woods highlighted the summary status report on the use and manage- ment of Planning Area VI - Rancho San Antonio Open Space Preserve (report R-81-35 of August 19, 1981) . D. Wendin questioned the status of the suggestions of placing direc- tional signs on Foothill Boulevard at St. Joseph' s Avenue and Cristo Rey Drive in order to direct preserve users to the parking facilities at Rancho San Antonio County Park. D. Woods responded he did not know the status, and D. Wendin requested staff follow-up with City of Los Altos staff and report back to the Board. N. Hanko asked if any public input had been solicited in formulating the summary report. D. Woods responded he had reviewed the recommen- dations with two representatives of the Midpeninsula Trails Council and that some neighbors on Mora Drive had been contacted regarding the gate installation at the Mora Drive entrance to the preserve. N. Hanko asked if public meetings would be held to gather input for the next review of Planning Area IV. D. Woods responded that if staff felt changes in existing uses were to be recommended, public meetings would be held; if uses were to remain status quo, then there would probably not be any public meeting. D. Wendin requested the record indicate that he expected public re- views for Rancho San Antonio use and management plans. Carolyn Lekberg, representing the Midpeninsula Trails Council, complimented the District on the Rancho San Antonio Open Space Pre- serve, said the Council would be active in the detailed review of the Preserve next year, and noted the Council would be working with Santa Clara County to install a horse trail from Mora Drive to the County' s horse trailer parking lot and would be watching the type of fencing installed around Deer Hollow Farm. Meeting 81-21 Page six Harry Haeussler felt an equestrian stile should be installed on Mora Drive, noted the Mora Drive entrance was restrictive to people who did not live in the immediate area since there was no place to park, and recommended that a parking area be constructed inside the preserve boundaries to accommodate users. Motion: D. Wendin moved the Board tentatively adopt the use and manage- ment recommendations, moving final adoption to the Board' s next Regular Meeting. K. Duffy seconded the motion. The motion passed unanimously. H. Haeussler stated he felt members of the public should be able to provide input on use and management recommendations before the staff presented their recommendations to the Board. B. Scheduling of a Special Meeting in Los Gatos K. Duffy stated she had received a telephone call from a former mayor of the Los Gatos City Council who had formally requested that the Board consider holding any meeting concerning a Resolution of Public Necessity for the Novitiate property in Los Gatos. Discussion centered on holding a meeting in Los Gatos to gather public input on the acquisition of the Novitiate property. E. Shelley stated the Board has in the past traditionally taken any final Board action at the District office when the general public would be more likely to attend. D. Wendin questioned staff as to whether there was any prob- lem in delaying consideration of the acquisition of the Novitiate property for two weeks. C. Britton responded that time was of the essence, but consideration could be scheduled at the Board' s pleasure. Motion: D. Wendin moved the Board hold its next Regular Meeting in Los Gatos at a place to be arranged by staff and that a Special Meeting be held on Wednesday, September 16 , 1981 which would have as agenda items those items which would normally have been considered at the first Regular Meeting. B. Green seconded the motion. Discussion: H. Grench noted the Board considered meetings held at locations other than the District office to be Special Meetings and noted staff had recommended the cancellation of the September 9 Regular Meeting because it was the Admissions Day holiday and the Board' s Rules of Procedures disallowed meetings on holidays. Amended Motion: D. Wendin moved to amend his motion to state that the Board (1) cancel its Wednesday, September 9 Regular Meeting, (2) hold a Special Meeting on Thursday, September 10 in Los Gatos for the purpose of having an informational meeting on the proposed acquisition of the Novitiate property, and (3) hold a Special Meeting on September 16 , 1981 that would have regular agenda items from the 9th. B. Green concurred. The amended motion passed unanimously. D. Wendin directed S. Norton to be prepared at the meeting in Los Gatos to tell the Board how to hear the public comment in order to protect the interests of both parties involved. Meeting 81-21 Page seven C. Public Notification Procedures N. Hanko summarized the public notification procedures proposed by the Public Notification Committee in memorandum M-81-87, dated July 22 , 1981. She noted the proposed procedures related to public notification for land acquisitions, condemnations, grant applications for land acquisi- tions and amendments covering additions to applications, and land use planning. B. Green noted there should only be one asterisk after notification to the Clerk of a city, or county if no city, in the case of land acquisi- tion. K. Duffy reauested that notification in cases of condemnation be aster- isked differently to note that eight days notice, rather than five , would be given. Motion: N. Hanko moved that the Committee recommendations be adopted by the Board. D. Wendin seconded the motion. Motion to Amend: N. Hanko moved to amend the motion to add an Item "f" to Land Acquisition stating: "Notification of owners of contiguous property" . The motion was not seconded. Discussion: N. Hanko noted this item had been a minority committee viewpoint and said she felt there was a value to the District in notifying people who live on adjacent property to property being considered for acquisition or at least noti- fying the legal property owner. Beez Jones, 16891 Stevens Canyon Road, Cupertino, and Tom Kavanaugh expressed their support for N. Hanko' s motion, noting the District, as a public agency should notify contiguous landowners. Lewis Reed suggested the District publish its agenda in local news- papers in order to notify the public of actions being considered by the Board. Following the discussion, the motion to amend died for lack of a second. Sam Jones, 16891 Stevens Canyon Road, Cupertino, noted the proposed Policies should be clarified to state the agenda notice would be mailed to the press free of charge and to persons and organizations that sub- scribed to the agendas. Motion to Amend: D. Wendin moved to amend the motion by changing the note on the bottom of Page Seven to read: "All Use and Manage- ment plans included in an acquisition report and any other land use actions or reviews (except for hazards or other emergencies) shall be placed on the next regular agenda for final approval, but staff may request a delay at the time the action is first heard'.' • N. Hanko seconded the motion. The motion passed unanimously. H. Turner stated he felt the District as a Public agency had to make itself fully accountable for actions relating to condemnation and stated he would be making three motions to amend the proposed policies on condemnation. Meeting 81-21 Page eight Motion to Amend: H. Turner moved to amend item C to read as follows : "In all cases, press releases are also sent in advance of meeting. " N. Hanko seconded the motion. Discussion: E. Shelley asked S. Norton if such a statement would have any legal implications. S. Norton suggested the motion be amended to include a statement to the effect that the failure to give such notice in any particular instance would not affect the validity of the action taken. D. Wendin and K. Duffy stated they opposed the motion because of its redundancy and was not required in all cases since it was sometimes a procedural item, as in the McNiel case. L. Reed noted that such releases were not necessary if the agenda was printed in local papers. N. Hanko said the release would inform the public of an extraordinary Board action, and was not redundant. The motion failed to pass on the following vote : AYES: B. Green, H. Turner, and N. Hanko NOES: D. Wendin, K. Duffy, and E. Shelley Motion to Amend: H. Turner moved to add an Item H that reads: "In some cases, notification by panel advertising be published in the newspapers in advance of the meeting as deemed appropriate by the Board. " N. Hanko seconded the motion. Discussion: H. Grench stated he did not feel published agendas and panel advertising were an efficient expenditure of funds. H. Turner said the District should make a strenuous effort to hold ourselves responsible for the action taken. H. Turner said he felt such ads could be run in the Peninsula Times Tribune and the San Jose Mercury. E. Shelley questioned the mechanics of the motion, noting the Board would have to con- sider a condemnation action, prior to it appearing as an agenda item. H. Turner withdrew his motion for rephrasing, and N. Hanko agreed to the withdrawal. Motion to Amend: H. Turner moved to add an Item H that reads : "In every case, notification by panel advertising be published in advance of the meeting. " N. Hanko seconded the motion. Discussion: E. Shelley questioned the expense of such adver- tising and whether it was sufficient to place such notification in only the Peninsula Times Tribune and the San Jose Mercury. H. Turner withdrew his motion and N. Hanko agreed. Motion: H. Turner moved that staff be directed to return to the Board with a list of newspapers in which such ads should be published, the typical size of a panel ad, and estimated costs of such panel advertising. N. Hanko seconded the motion. Discussion: D. Wendin noted it would be appropriate to table this motion until the Board voted on the motion presently being considered. H. Turner, with N. Hanko ' s agreement, withdrew the motion. Meeting 81-21 Page nine Motion to Amend: H. Turner moved the double asterisked footnote in- clude the phrase: "This is one of the major means of receiving notice of condemnation actions by the District" . The motion was not seconded. D. Wendin directed staff to present the draft form letter proposed to be sent to organizations as an informational item for the Board for comment. C. Britton requested the Board consider a change in Item 3a of Grant Applications for Land Acquisitions and Amendments Covering Additions to Applications. Motion to Amend: H. Turner moved the Board amend Item 3a under Grant Applications to include the following statement after the word "report" : " (except those situations where the specific property has previously come co Board attention in public session and: 1) a resolution for a grant application was adopted and there was no owner objection, or 2) a resolution for a grant application was adopted and as a result, the District received the requested grant, or 3) a resolution of public necessity has been adopted) . " E. Shelley seconded the motion. Discussion: C. Britton explained that in the three cases covered in the amendment, a property owner has already been notified of the District' s intention to acquire the property involved and such interest was already part of the public record. H. Grench suggested the amended wording be placed as a footnote in the section, and the Board concurred with the suggested placement. The motion passed unanimously. S. Norton requested the motion be amended to include a state- ment that these provisions were directory, and the failure to give such notice would not affect the validity_ of action taken. Motion to Amend: N. Hanko moved the motion be amended to include the statement, "The provision for the giving of notice under these procedures shall be directory only, and the failure to give such notice in any particular instance shall not affect the validity of action taken. " D. Wendin seconded the motion. Discussion: The Board concurred that the statement should be placed at the bottom of each of the major sections included in the public notification procedures. The motion passed unanimously. The main motion, as amended, passed unanimously. Motion: H. Turner moved that staff be directed to return to the Board with a list of newspapers in which ads concerning condemnation actions should be published, the typical size of a panel ad, and the estimated costs of such panel advertising. N Hanko seconded the motion. Motion to Amend: N. Hanko moved to amend the motion to include staff researching the costs for publishing the Board' s agendas in newspapers. The motion to amend died for lack of a second. The motion by H. Turner passed on the following vote : Meeting 81-21 Page ten AYES: B. Green, K. Duffy, N. Hanko, and H. Turner NOES: D. Wendin and E. Shelley. Motion: N. Hanko moved to direct staff to return with a long-range acquisition and site use planning of the entire District planning area procedure for Board consideration. D. Wendin requested N. Hanko withdraw the motion and bring it up under the Open Space Management Work Priorities since staff had already been directed to do this. N. Hanko felt staff had not specifically been directed to come back to the Board with a procedure for public hearings for long- range planning and acquisition. The motion was not seconded. Motion: N. Hanko moved that the remainder of the report on Page Two be continued to the meeting of September 23 and be addressed at an earlier part of the meeting. D. Wendin seconded the motion. Discussion: D. Wendin clarified the Board had yet to discuss the last three paragraphs on Page Two of the Committee ' s report. The motion passed unanimously. D. Open Space Management Work Priorities H. Grench, re -erring to memorandum M-81-90, dated August 20, 1981, stated he had been considering open space management work priorities for the coming months in light of the absence of a Land Manager. He said he planned to fill the Land Manager ' s position as currently de- fined unless there were objections from the Board. No objections were stated. Noting D. Woods would be on a leave of absence from mid-September to November, he stated he planned, unless there were objections from the Board, to place work priorities in the section on special projects, including Edgewood, Hassler, Seven Springs Ranch EIR, the Bayfront Trail, and the Monte Bello development project, while focusing on the resolution of the site emphasis policy questions and the plan for empha- sized sites. He said he would like to deemphasize the formal review of use and management plans for the remainder of the year. B. Green suggested outside help be hired to work on some of the land management projects. N. Hanko suggested H. Grench prepare for Board consideration a list of the projects he felt would be delayed so that the Board could assist him in setting work priorities. D. Wendin requested, due to the lateness of the hour, that H. Grench place this item on a future agenda for consideration and prepare a written list of open space management work priorities for Board to review. H. Grench stated the item would be placed on the September 16 agenda. H. Haeussler asked if the public would be involved in the meetings H. Grench and D. Woods would be having on the site emphasis policy questions, noting he felt the public should be involved at the initial discussion stage. Meeting 81-21 Page eleven D. Wendin responded that members of the public would not be involved in the staff meetings, but would have the opportunity to be involved when the staff presented the material for Board consideration. E. Shelley and H. Turner noted they might not be in attendance at the meeting of September 16 . S. Norton stated five votes were required for the adoption of a Resolution of Public Necessity. E. Scheduling of First Meeting in September J. Fiddes stated the Board had acted on this agenda item earlier in the meeting. Ix. INFORMATIONAL REPORTS H. Grench stated the Historic Grant Program would not be funded by the Administration and Congress, noting the Picchetti Ranch restoration grant would not receive funding. He reported AB 597 had been passed by two more Senate Committees and would be going to the Senate floor. S. Norton reported the Schneider vs. the District Superior Court de- cision had been affirmed in favor of the District by the District Court of Appeals and a petition for rehearing had also been denied. C. Britton stated the Finance Committee of the San Francisco Board of Supervisors would be considering the Hassler sale on September 2. N. Hanko noted the Palo Alto City Council had taken action to dedi- cate the south portion of the Arastra property and some other foothill properties as open space. The Board directed her to prepare a letter to the Council in support of this open space dedication. X. CLAIMS Motion: D. Wendin moved for the approval of the revised claims 81-17. E. Shelley seconded the motion. The motion passed unanimously with N. Hanko abstaining from Claim 2420 to I.B.M. Xi. CLOSED SESSION The Board recessed to Closed Session at 12 : 28 A.M. , Thursday, August 27, 1981. D. Wendin requested the members of the Board consider possible creative ways to shorten the length of Board meetings. XII. ADJOURNMENT The Board reconvened to public session at 1 :25 A.M. Following a brief discussion, the Board concurred to reschedule the agenda item relating to the proposed acquisition of the Novitiate property from September 16 to September 23. The meeting was adjourned at 1 :28 A.M. Jean H. Fiddes District Clerk