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HomeMy Public PortalAbout19811216 - Minutes - Board of Directors (BOD) Meeting 81-30 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 December 16,_1_981 I . ROLL CALL f7r�_s'ident Richard Bishop called the meeting to order at 7 : 35 P.M. Members Present: Katherine Duffy, Barbara Green, Edward Shelley, Nonette Hanko, Harry Turner, and Richard Bishop. Daniel Wendin arrived at 8 : 25 P.M. Personnel Present: Herbert Grench, Craig Britton, Del Woods , Jim Boland, and Jean Fiddes . APPROVAL OF MINUTES A. November 23 , 1981 Motion: R. Bishop moved the approval of the minutes of November 23, 1981 as recorded. B. Green seconded the motion. The motion passed unanimously, with E . Shelley abstaining from the vote since he was not present at the November meeting. D. Wendin was not present for the vote. WRITTEN COMMUNICATIONS J. Fiddes stated the Board had received the following written communications : 1) a letter, dated December 4 , 1981 , from Thomasene and Warren Dutton, 1872 Colleen Drive, Los Altos , regarding parking problems at Rancho San Antonio Open Space Preserve and County Park and allowing a limited number of vehicles to park under the 280 overpass ; 2) a letter, dated December 3, 1981, from Pearson, Del Prete & Co. , Certified Public Accountants , 755 Page Mill Road, Suite B180, Palo Alto, requesting the opportunity to submit a proposal to conduct the District ' s audit and to render other accounting services; 3) a letter, dated December 4 , 1981, from Rick Hawley (no address) , regarding the need to restore and preserve Devil ' s Canyon; 4) a letter, dated December 11, 1981, Robert F. Dominge, 1060 Crestview Drive, San Carlos , supporting the District' s acquisi- tion of the Hassler property, recommending the District proceed with the eminent domain process , and saying plans for the use of the property are not needed at this time; 4) a letter, dated December 10 , 1981, from Harold Drake, 2081 Greenwood Drive, San Carlos , supporting the District ' s use of eminent domain in the purchase of the Hassler property; and 5) a letter, dated December 11, 1981, from Jerome A Young, 229 Stevens Court, San Carlos , supporting the acquisition of the Hassler property and the District 's use of eminent domain in this case and commenting on the ineffectiveness of government bodies . 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 81-30 Page Two R. Bishop stated that, unless there were any objections from Board members , he would respond by telephone to Mr. Hawley 's letter and possibly assist, as a private citizen, in removing the debris from Devil 's Canyon. No objections were voiced by the members of the Board. IV. ADOPTION OF AGENDA H. Grench requested an item be added to Special Orders of the Day for two personnel announcements . R. Bishop stated the Board would adopt the agenda as written with the addition to Special Orders of the Day for two announcements . V. ORAL COMMUNICATIONS There were no oral communications . VI . SPECIAL ORDERS OF THE DAY A. Personnel Announcements H. Grench announced David Hansen from the Marin Open Space District has accepted the District's Land Manager position and would be starting on January 7 , 1982 and said D. Hansen had appointed James Boland the District' s new Operations Supervisor. H. Grench stated, unless there were objections from the Board, that he planned to fill the vacant Lead Ranger position, created by J. Boland's promotion, and a Ranger position, created by the promotion of one of the Rangersto the Lead Ranger position. The Directors did not voice any objections to H. Grench' s plan. J. Boland presented a wood plaque with the District' s seal, made by Lead Ranger David Camp, to the Board in behalf of the Ranger staff in appreciation of the Board's support during the past year. B. Gift of Land - Russian Ridge Open Space Preserve (Lands of Crist) C. Britton reviewed report R-81-50 , dated December 10 , 1981, noting the Crist family was offering the District 40 acres of land as a gift. He stated the parcel was adjacent to the land purchased from the Crists in October and would become, if accepted, an addition to the Russian Ridge Open Space Preserve . He noted the Crists were making the gift to the District to show their continued support of the District's programs . C. Britton stated the use and management recommendations presented for the previous Crist acquisition in report R-81-46 , dated October 23 , 1981, would apply to the gift parcel and said staff was recommending the parcel be withheld from dedication at this time, pending a decision in January 1983 to purchase the 102 acre parcel in the vicinity being leased by the District from the Crists . Motion: H. Turner moved the adoption of Resolution 81-53, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Accepting Gift of Real Property and Authorizing Execution of Certificate of Acceptance with Respect Thereto and moved the Board tentatively adopt the previous interim use and management plan as extended to the property, withhold the property from dedication, and officially name the parcel as an addition to the Russian Ridge Open Space Preserve. E. Shelley seconded the motion. The motion passed unanimously. Director Wendin was not present for the vote. Meeting 81-30 Page Three VII . NEW BUSINESS WITH ACTION REQUESTED A. Proposed Addition to Windy Hill Open Space Preserve (Catalano Property) C. Britton introduced memorandum M-81-124 , dated December 8 , 1981, regarding the opportunity for the District to purchase three parcels of land, owned by Rodney M. Catalano, totaling 107. 5 acres adjacent to the Windy Hill Open Space Preserve. D. Woods reviewed a map of the property, explained the natural features of the land, and discussed the use and management recommendations for the property. C. Britton noted the terms of the purchase agreement called for a total purchase price of $500 ,000 ; $348, 000 in cash and the $152 ,000 balance in the form of an assumption of an existing deed of trust. He said staff was recommending the property be withheld from dedication at this time to allow for boundary adjustments or the exchange of property rights , including the possibility of im- proved access rights across adjacent private lands . Motion: H. Turner moved the Board adopt Resolution 81-54, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate 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 (Windy Hill Open Space Preserve - Catalano Property) . B. Green seconded the motion. The motion passed unanimously. Director Wendin was not present for the vote. Motion: H. Turner moved the Board tentatively adopt the use and management criteria contained in the report, withhold the property from dedication, and unofficially name the property as an addition to the Windy Hill Open Space Preserve. B. Green seconded the motion. Discussion: Robert Mark, 725 Cowper, Palo Alto, questioned withholding the property from dedication as open space. H. Grench responded that„ because of the illegal subdivisions in the area, Portola Valley might require boundary adjustments for the lots and that the District would like to get the trail connection for the District 's land in fee. He said because of these reasons it was premature to dedicate the land. H. Turner stated that this acquisition brought the proportionate amount of land in Santa Clara County and San Mateo County very close. The motion passed unanimously. Director Wendin was not present for the vote. B. Additions to Legislative Program for 1981-1982 Legislative Session H. Grench reviewed memorandum M-81-124 , dated December 8, 1981, regarding additions to the 1981-1982 legislative program that had been considered by the District's Legislative Committee. He noted that changes to the Public Resources Code included "house- keeping" amendments regarding signatory requirements in Sections 5544 . 1 and 5544 . 2 and the leasing of District land. He said the proposed addition to the Public Resources Code would allow the Board to lease land or property for a term not exceeding 40 years when the proposed use was compatible with or enhanced public use and enjoyment of the land or property. Meeting 81-30 Page Four R. Mark expressed his general concerns about leasing public land for forty years and said he felt the vote to take such action should be more than a simple majority Board vote. After discussing the matter, the Board concurred with R. Mark 's suggestions on the forty year lease voting requirement. Motion: H. Turner moved that on the provision regarding a forty year lease as discussed in the staff report that an affirmative vote of 2/3 of the membership of the Board on any lease over twenty-five years be required. N. Hanko seconded. The motion passed unanimously. D. Wendin was not present for the vote. Motion: E. Shelley moved that the Board instruct the General Manager to work with the District's legislative consultant and legislators to introduce legislation amending the District's enabling legislation as described in the staff report. H. Turner seconded the motion. The motion passed unanimously. D. Wendin was not present for the vote. H. Grench commented on the other State legislation discussed in the report, noting that R. Beckus , the District's legislative consultant had recommended the Board adopt the resolution concerning Murray Ranch and the Rancho Raymundo property. He said the wording of the can and bottle recycling initiative was es- sentially the same as Senator Rains ' SB 4 which the Board previously supported. D. Wendin arrived at 8 : 25 P.M. Motion: H. Turner moved the adoption of Resolution 81-55 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Requesting Designation of the Murray Ranch as a State Park and the Acquisition of the Rancho Raymundo Property as an Addition Thereto. N. Hanko seconded the motion. The motion passed unanimously. Motion : N. Hanko moved the adoption of Resolution 81-56, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting the Californians Against Waste Can and Bottle Recycling Initiative Petition. K. Duffy seconded the motion. The motion passed unanimously. VIII . NEW BUSINESS WITH NO ACTION REQUESTED A. Review of Policies Regarding Improvements on District Lands and Agricultural Uses H. Grench introduced memorandum M-81-125 , dated December 9 , 1981, outlining the two issues discussed by the Structures Committee which needed discussion by the full Board. He noted the issues were retention of structures on District lands and whether staff should take a more proactive role on encouraging agricultural uses on District lands. Meeting 81-30 Page Five E. Shelley stated that he and fellow Committee member D. Wendin felt the policies regarding structures were correct as written and did not require modification. He noted the Board might want to add a policy stating that acquired structures suitable for long- term housing, and that did not interfere with the open space use of the land, should be returned to the private sector, rather than being retained and managed by the District. He said he did not want the District to be in the real estate management business. N. Hanko, the third member of the Committee , said she agreed with E. Shelley' s statement up to the point of returning a structure to the private sector. She said a cost-benefit analysis should be undertaken when considering retention of the structure by the Dis- trict or its return to the private sector. She added that each structure should be considered independently. K. Duffy stated she agreed with the structures policies as written and E. Shelley' s suggested addition to the policy. C. Britton explained the process involved when acquiring property that included a structure , noted that anv house had an income poten- tial, and said he did not feel structures should be demolished precipitously until the District' s acquisition goals had been com- pleted since all possible funding sources should be carefully examined. D. Wendin noted the Board did not know enough about a structure on property being considered for acquisition at the time of acquisition and said the Board should try to keep its options open for the struc- ture. He suggested that the policy might be changed from its "tear down in due course" emphasis to a case by case analysis of each structure. E. Shelley noted it was not inconsistent with the present policy to retain a structure for several years until an open space site was completed and the structure ' s compatibility determined, as long as the structure was not just being retained as an income producer. N. Hanko suggested that the following sentence be added after the fifth sentence in Section B of Policies Regarding Improvements on District Lands : "A cost benefit analysis shall be considered regarding residence-and/or improvements recommended for lease or return to the private sector, " and said she agreed with H. Grench' s definition of a cost benefit analysis as contained in the staff report. D. Wendin suggested that residences could be divided into three categories : 1) those with identified actual or potential District uses; 2) those with identified significant negative impacts now; and 3) those in another category (where options would remain open and would support a statement of return to the public sector if such could be done in a way as not to impact the open space uses of the land) . E. Shelley noted use and management plans should explicitly state why structures are being retained by the District. Meeting 81-30 Page Six D. Wendin stated he felt the statement "The District will retain and maintain or build a structure or other improvement only if it is complementary to the objectives of the District outlined in the Basic Policy" , coupled with the statement "Structures will not be maintained or constructed solely for the purpose of producing revenue" gave staff enough guidance for use of improvements on Dis- trict lands and said he did not feel the policy needed to be changed. E. Shelley felt the policy still needed to address when structures are to be retained for other than District use (i.e. , return to the private sector) . R. Bishop stated the policy should not be made so explicit that it would limit the District' s options that might be taken into con- sideration. N. Hanko stated the Board should consider some of the District' s structures as financial resources and should retain them, if com- patible with open space uses , as financial resources. D. Wendin suggested the Structures Committee consider the following items: 1) a timeline for disposal or demolition of structures , and 2) the options of how to dispose of District property, noting the example of the former Bean house in terms of how and when the Dis- trict might dispose of the house and the underlying turf. E. Shelley noted that in terms of a timeline the Board might adopt a policy that when a use and management plan stated that a structure is not one needed for District purposes and should be slated for re- moval, that staff also present a timeline for removal (e. g. , rent a structure for seven years while acquiring adjacent property or im- plementing a trail system and then remove) . H. Grench stated he felt the Board should also address the subject of structures , which detract from scenic areas or which are incom- patible with potential public recreational use of the surrounding area, could be acquired over a long period of time as they came on the market and rented or leased by the District during the interim. He noted consensus on this matter would provide direction to staff and would also be a statement to the public as to why the District might acquire such property. E. Shelley noted the matter was more an acquisition decision and should not be addressed in the structures policy before the Board. D. Wendin noted that such acquisitions would probably surface when the Structures Committee grappled with the timeline concept for disposal or demolition of structures . He suggested the Committee review each structure presently owned by the District to see if the timeline concept they proposed could be applied in all cases. R. Bishop stated the Board' s consensus , after a discussion of the matter, that the Board was satisfied with the staff ' s present level of encouraging agricultural uses of District lands , in light of other Land Management priorities. Meeting 81-30 Page Seven IX. INFORMATIONAL REPORTS H. Turner reported he had invited three members of the press to attend the Board/staff Christmas party , and the Board invited those members of the public who were at the meeting to attend the party . N. Hanko reported on the death of Mrs . Frances Perham, and the Board directed the President to send a letter of sympathy to the Perham family. R. Bishop stated the Board 's consensus that they were satisfied in allowing the Perham family six months , if necessary , to vacate the homes that had been occupied at the Rancho San Antonio Open Space Preserve. R. Bishop stated he had been interviewed by Channel 7 news staff on the acquisition of the Hassler property and informed the Board that the Finance Committee of the San Francisco Board of Supervisors would be discussing the Hassler matter on December 23 . N. Hanko suggested R. Bishop send a letter to the members of the Board of Supervisors explaining the background of the Hassler acquisition project. E. Shelley reported he had met on December 3 with persons interested in the completion of the South Bay Trail and representatives from Moffett Field. He noted a letter about the meeting was included with other material distributed for the Board meeting. H. Grench reported the City of Mountain View had approved the agreement to carry out the joint trails project at Shoreline Park. He stated he had attended the East Bay Regional Park District 's dedication ceremony for the San Leandro Bay Regional Shoreline Arrowhead Marsh on December 10 . C . Britton stated the Finance Committee of the San Francisco Board of Supervisor would be discussing Hassler at their December 23 meeting which would begin at 2 :00 P .M. R. Bishop stated he would be attending the meeting. C. Britton stated staff had received word that there were no Land and Water Conservation Funds available for 1982 and said the State had returned the applicationsfor the McNiel and Coplon acquisition projects with a letter stating no funds were available. X. CLAIMS Motion: H. Turner moved the approval of the revised claims 81-25 , dated December 16 , 1981. B. Green seconded the motion. Discussion: J. Fiddes noted Claim 2731 was for Los Trancos Open Space Preserve brochures , not Windy Hill brochures . The motion passed unanimously. XI . CLOSED SESSION The Board recessed to Closed Session on land negotiation matters at 10 : 04 P.M. XII . ADJOURMENT The Board reconvened to adjourn at 10 : 37 P.M. Jean H. Fiddes District Clerk CORRECTIONS TO MINUTES OF APPROVAL OF MINUTES A. DecEl`abc�r-16, 1981 B. Green stated the first sentence of the second paragraph on page eight should be corrected to read, "R. Bishop responded -that the District hoped -to acquire the property at a reasonable price and stated the District would gratefully accept contributions to help acquire the property" and that the word "of" should be inserted between the words "-couple" and "eminent" in the first sentence of the fifth paragraph on page eight. B. Green stated the date in the last paragraph on page nine should be corrected to January 27. J. Fiddes clarified that January 23, the incorrect date for the meeting when the Board would consider a Resolution of Public Necessity for the Hassler property, was the actual date stated at the December 10 meeting. Motion : E. Shelley moved the approval of the minutes of December 10, 1981 with the corrections noted and the date clarifi- cation. D. Wendin seconded the motion. The motion passed unanimously. R. Bishop was not present for the vote. 16 1�1011 E. Shelley stated the first sentence of the first paragraph on page five should be corrected to read "E. Shelley stated that he and fellow Committee member K. Duffy felt that the policies re- garding structures were correct as written and did not require modification. "