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. "