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HomeMy Public PortalAbout19820127 - Minutes - Board of Directors (BOD) Meeting 82-2 0 or 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 27 , 1982 I. ROLL CALL President Katherine Duffy called the meeting to order at 7 : 32 P.M. Members Present: Katherine Duffy, Daniel Wendin, Barbara Green, Nonette Hanko, and Richard Bishop. Harry Turner arrived at 7 :50 P.M. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, Jean Fiddes , Del Woods, Stanley Norton, Suzanne Shipley, Mary Gundert, Alice Watt, Dennis Danielson, Pat Starrett, Joyce Nicholas , Joan Combs , and Michael Foster. II. WRITTEN COMMUNICATIONS J. Combs stated that a letter, dated January 12 , 1982 , had been received from A. Jampoler, Department of the Navy, Moffett Field, stating the U.S. Navy has no objections to the District's develop- ment of a public access trail around the northern boundary of Naval Air Station Moffett Field, as long as the safety arcs , fuel wharf, and pipeline are adequately protected. J. Combs read a resolution, dated January 22 , 1982 , from the Board of Directors of the Brittan Heights Condominium Association in San Carlos resolving that the Association endorsed the District' s exercise of eminent domain to acquire the Hassler Health Home property . J. Combs read a letter , dated January 26 , 1982 , from R. H. Kimball , 3477 La Mesa Drive, San Carlos, urging the Board to proceed immedi- ately with legal action under the principle of eminent domain to acquire the Hassler Health Home property. She stated two phone calls were received at the District office endorsing this letter from the following individuals : Mel Stefan, 3815 Fernwood Street, San Mateo, Chairman of the San Mateo, Foster City and Burlingame Sierra Club City Groups , and Sally Lee Boyd, 3352 La Mesa Drive , San Carlos . III. ADOPTION OF AGENDA H. Grench requested that Item No. 7 , Authorization to Proceed with Acquisition of Surplus Federal Property on Mt. Umunhum and Mt. Thayer, be considered after Item No. 3 , Proposed Addition to Foothills Open Space Preserve . K. Duffy indicated the agenda, as amended, was adopted with the Board' s concurrence. IV. ORAL COMMUNICATIONS H. Grench stated he had received a phone call from Gordon Jennings , 3611 Woodside Road, Woodside, applauding the effort the District was making with the soaring society and stating he was pleased Windy Hill was being grazed. Herbert A Grench,General Manager Board of Directors:Katherine Duffy,Barbara Green,NonetteG.Hanko,Richard S Bishop,EdwardG.Shelley,Harry Turner,Daniel Wendin Meeting 82-2 6 Page two V. NEW BUSINESS WITH ACTION REQUESTED A. Proposed Acquisition of Skyline Ranch —Proposed Acquisition D. Hansen introduced report R-82-6 , dated January 21, 1982 , and pointed out the proposed acquisition on a map. D. Woods showed slides of the property. D. Hansen reviewed the interim use and management recommendations for the property. He stated that in addition to the use and management recommendations listed in the report, staff recommended an additional recommendation to resolve the conflict with a neighboring property owner over grazing rights. C. Britton reviewed the terms of the transaction and discussed the five lease agreements . He noted that the "Family Compound" lease will be entered into by Skyline Ranch, Inc. , as lessor and the Wasserman family as lessee, and the District will take title subject to that lease. The other four leases will be entered into directly with the District as lessor. In response to a question from N. Hanko, C. Britton said that there was a provision for a trail to parallel Alpine Road in the Family Compound lease. B. Green asked if there was a provision in the "Christmas Tree Farm" lease concerning agricultural spraying. C. Britton said the District would have to give written permission on biocides used, as well as the amount, method and frequency of use. S. Norton asked that the President be given the authority to approve some as yet unwritten minor revisions in the lease agreements so the closing of escrow on February 1 , 1982 , could be carried out. N. Hanko asked when a use and management plan would be presented for the property. D. Hansen said an initial study of the area would be made during the two years of the Ranch Area lease. K. Duffy asked if staffing was adequate for a thorough evaluation of the area during this two year period. She said she felt the District should take full advantage of the time to come up with a good use and management plan. H. Grench said if staff did not appear to be adequate, this would be addressed during the budget process . R. Bishop asked if the public would be able to use the property immediately. D. Hansen said there was no trail paralleling Skyline Boulevard as yet, but there were numerous roads within the property, and these will be open for public use as soon as the property is acquired. Meeting 82-2 Page three Robert Mark, 725 Cowper Street, Palo Alto, said he thought the property was a key acquisition, and said he hoped it would M provide the impetus to solve the problem of "No Parking" signs on Skyline. Doni Hubbard, President of the Mid-Peninsula Trails Council , said she felt the Council would be very pleased with the potential for good trail connections . Motion: N. Hanko moved the adoption of Resolution 82-1 , 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 (Skyline Ridge Open Space Preserve - Skyline Ranch, Inc. Property) . H. Turner seconded the motion. The motion passed unanimously. Motion: H. Turner moved the tentative adoption of the interim use and management recommendations as contained in the report and amended during the meeting, and that the site be unofficially named the Skyline Ridge Open Space Preserve. R. Bishop seconded the motion. Discussion: N. Hanko asked about the discontinuance of grazing. D. Hansen stated the grazing on the site has been by verbal agreement. He noted grazing has had a high visual impact, that the area is close to being overgrazed, and that it was his intention to discontinue the grazing. The motion passed unanimously. Motion: H. Turner moved the District dedicate its interests in the property as open space. R. Bishop seconded the motion. The motion passed unanimously. Potion: B. Green moved the Board authorize the President to approve any non-substantial changes and additions to the lease captioned "Agricultural Lease - Christmas Trees" ,dated February 1, 1982 , and to the lease captioned "Lease Stables and Grazing Area" , dated February 1 , 1982 , provided such changes are approved as to form by Legal Counsel . H. Turner seconded the motion. The motion passed unanimously. VI . OLD BUSINESS WITH ACTION REQUESTED A. Determination of Public Necessity - Hassler Health Home Property - (Lands of City and County of San Francisco) H. Grench introduced report R-82-07 , dated January 20 , 1982 . He noted there were two points of emphasis : use of the property and the necessity for acquiring the property. He said these points had been covered in previous reports , and asked that these reports be incorporated into the record. He noted that under the potential use and management recommendations , a hiking and equestrian trail system would be one of the most Meeting 82-2 Page four important uses of the property. He added there was excellent potential for a trail connection to the Edgewood Park site and to the San Francisco watershed area. He said this potential trails system was one of the most frequently mentioned uses by the public in advocating preservation of this property. other uses would be picnicking, nature study, meditation, kite flying, and photography, as well as potential for further park type development. H. Grench noted the District had gone through a series of studies and hearings to determine possible uses for the buildings on the site, and the Board had concluded that the buildings would be demolished, except possibly for the duplex and doctor' s house. He said these units could be ranger or caretaker residences , and noted that San Mateo County had expressed an interest in this possibility. H. Grench reviewed the use and management recommendations , and said more specific recommendations would be made at the time of acquisition. H. Grench said the District has not had a project which had had as much public support as the Hassler acquisition. H. Turner asked what the immediate steps would be during the next two to three months if the Resolution for Public Necessity were adopted. S. Norton said that the adoption of the resolution would authorize eminent domain legal counsel to file proceedings for the insti- tution of that action, and said he would expect no final judgment for nine to twelve months. D. Wendin asked what the District's rights and obligations were if the District took possession of the property. S. Norton said the District could request a right of immediate possession by petitioning the Superior Court. He said the Court could grant the order on the condition of the District' s depositing with the court the estimate of the fair market value of the property as determined by an appraiser. K. Duffy opened the Public Hearing at 8 :55 P.M. K. Duffy noted this was an extension of the Public Hearing held December 10 , 1981 in San Mateo County, and that all the speakers who spoke on the subject and the letters that were written were part of the record of this hearing. She said ten letters were read into the record, and seventeen speakers spoke , all favorably, about the acquisition. She repeated a few of the comments that were made at that time, and read from the minutes of that meeting. Wallace Wortman, Director of Property for the City and County of San Francisco, gave a brief history of the City' s activities with the Hassler property, stating that the history indicated San Francisco has tried to find a way for a public agency to acquire the property. Meeting 82-2 Page five W. Wortman said the minutes of December 10 , 1981 indicated the Real Estate Department of the City and County of San Francisco reached an agreement for the sale of the property at $2 . 5 million. He said before that offer of $2 . 5 million was made, a private developer made an offer of $3 .6 million, with the condition of a two year option to study the property, noting that offer included a $50 , 000 cash deposit at the time of the offer and $50 ,000 every 6 months during that two year period, which would be forfeited if the developer failed to bid at the end of the two year period. He said the City refused this offer at the time, considering it not as good as the District's offer of $2 . 5 million cash. W. Wortman said he felt it was clear that the property, if put out to public auction, would run between 4 and 5 million dollars , and said the Board of Supervisors felt strongly that fair market value must be received for the property. D. Wendin asked if the City has ever had the property appraised. W. Wortman said there had not been a formal , independent appraisal . N. Hanko said it was her understanding that the District had done an appraisal and several updates of that appraisal . She said she felt that the District worked on this project in good faith for over nine years . R. Bishop asked C. Britton his opinion of the value of the property according to the appraisals which the District has had done on the property. C. Britton replied that the District had the property appraised and gave the City a copy of the appraisal . He said the $2 . 5 million figure is actually in excess of the currently appraised amount. He said the central issue is whether a $35 ,000 cash offer with an intention to bid at some future time is in fact, a valid offer to purchase the property . R. Bishop asked if the two offers from the developers were statements that they will bid this amount if an auction is held. W. Wortman replied it was not a statement, but a written contract that they have executed, and an agreement that they will increase their nonrefundable deposits substantially when the date certain is set for the auction. W. Wortman distributed copies of the ordinance enacted by the Board of Supervisors which authorizes the sale of the property at public auction, setting the minimum bid price of $3. 5 million. Joseph Judge, 3335 Brittan Avenue, San Carlos , presented a resolution signed by members of the Brittan Heights Condominium Association Board of Directors endorsing the District ' s exercise of eminent domain to acquire the Hassler Health Home property. J. Combs read a message from David Fogarty, Conservation Coordinator for the Loma Prieta Chapter of the Sierra Club supporting the resolution of public necessity. Meeting 82-2 Page six Ron Phillips , Calprop Corporation, 840 Hinckley Road, Burlingame, said his company proposed using the property for residential purposes , dedicating two-thirds of the property for open space. He said his company would like to see the. District' s aims achieved through dedication rather than eminent domain. H. Grench said he received phone calls from Rose Cooper, 3350 Brittan Avenue, San Carlos, supporting the use of eminent domain for the project, and a call from Gordon Jennings , 3611 Woodside Road, Woodside, who felt it was correct to pass a resolution of public necessity for Hassler. K. Duffy closed the Public Hearing at 9 :34 P.M. Motion: R. Bishop moved the adoption of Resolution 82-2 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District, Finding and Determining That the Public Interest and Necessity Require the Acquisition of Certain Properties for Public Use, to Wit : For Public Park, Recreation and Open Space Purposes, Describing the Properties Necessary Therefore and Authorizing and Directing Its Retained Legal Counsel To Do Everything Necessary to Acquire All Interests Therein (Hassler Health Home Property - Lands of the City and County of San Francisco) . B. Green seconded the motion. The motion passed unanimously. The Board recessed at 9 :40 P.M. The Board reconvened at 9 :50 P.M. B. Proposed Addition to Foothills Open Space Preserve (Giuffre Property) C. Britton discussed memorandum M-82-06 , dated January 20 , 1982 , noting that a settlement had been reached on the Giuffre property. He asked the Board to approve the claim for $45 ,000 , noting that the final terms of purchase will be by stipulated judgment, with no resolution, deed, or certificate of acceptance required. Motion: N. Hanko moved the Board approve the settlement as outlined, approve Claim #2314 , tentatively adopt the use and management recommendations , unofficially name the site as an addition to Foothills open Space Preserve, and dedicate the parcel as open space . R. Bishop seconded the motion. The motion passed unanimously. VII. NEW BUSINESS WITH ACTION REQUESTED (cont. ) B. Authorization to Proceed with Acquisition of Surplus Federal Property on Mt. Umunhum. and Mt. Thayer H. Grench reviewed memorandum M-82-8 , dated January 22 , 1982. He said Santa Clara County had dropped its interest in the property, but other parties have expressed an interest. He noted that while the District was applying for "free" federal Meeting 82-2 Page seven land, it could be the most expensive acquisition per acre the District has acquired for a large acreage because so many buildings would have to be demolished. He said staff would try to work out imaginative solutions for the property, and added that further study was needed of potential uses for the building. He stated his recommendation was not made lightly because it was a potentially expensive project, but he said the location of the site made it a key property in long-term District goals . A. Watt showed slides of the property. D. Hansen noted that potential uses for the property are still being discussed, but staff has made specific use and management recommendations, including retaining one or two of the current caretakers. He said the gates should be kept locked during the interim period, the period between acquisition and use determination, to prevent public access, except by special use permit. H. Grench said the District could "back off" from the project at any time, and that the Federal government may eventually apportion the property among several groups. Motion: B. Green moved adoption of Resolution 82-3 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing General Manager to Proceed with Acquisition of Surplus Federal Property. R. Bishop seconded the motion. The motion passed unanimously. VIII . OLD BUSINESS WITH ACTION REQUESTED (continued) C. Final Adoption of Summary Status Report on Use and Management of Planning Area VI - Fremont Older Open Space Preserve D. Hansen reviewed memorandum M-82-08 , dated January 18 , 1982 , noting the inclusion of a new use and management recommendation to attempt to secure a road maintenance agreement with residents along the Prospect Road extension entrance road. He noted no additional public comments had been received on the recommendations. Motion: R. Bishop moved final approval to the adoption of the Fremont Older Open Space Preserve use and management recommendations as amended. H. Turner seconded the motion. The motion passed unanimously. IX. NEW BUSINESS WITH ACTION REQUESTED (continued) C. Approval of Environmental Analyst Position H. Grench reviewed report R-82-5 , dated January 20 , 1982 , noting that the Environmental Analyst would be working on a project basis for the Land Manager, the Open Space Planner, the Land Acquisition Manager, and others. Motion: H. Turner moved approval of the job specification for the Environmental Analyst, the filling of a regular, full- time staff position for the Environmental Analyst, and the salary range of Step No. 170 to 2000 for the position. B. Green seconded the motion. The motion passed unanimously . Meeting 82-2 Page eight D. Appointment of Board Committees (Report R-82-04 of January 14 , 1982) K. Duffy announced the following standing committee appointments for 1982 : Budget Committee : H. Turner, K. Duffy, D. Wendin Legislative Committee : B. Green, R. Bishop, H. Turner K. Duffy appointed B. Green to replace H. Turner on the Redistricting Committee. She stated other Board committee memberships would remain the same at this time. The Board agreed by concensus that the Dog Committee will meet in Spring 1982 . Motion: N. Hanko moved the Committee recommendations be adopted. R. Bishop seconded the motion. The motion passed unanimously. E. Revision of Authorized Signatories J. Fiddes reviewed memorandum M-82-07 , dated January 19 , 1982 , regarding changing the District' s financial signatories . Motion : H. Turner moved the adoption of Resolution 82-4 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories of the District for Santa Clara County Accounts . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved the adoption of Resolution 82-5 , a Resolution of the Board of Directors of the Midpeninsula Regional open Space District Approving Certificate of Authority of Officers (First Interstate Bank of California - San Francisco) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved the adoption of Resolution 82-6 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing Checks and Other Instruments for Savings Account (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion. The motion passed unanimously. Motion: H. Turner moved the adoption of Resolution 82-7 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Signing and Endorsing Checks and Other Instruments for Checking Account (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion. The motion passed unanimously. Motion; H. Turner moved the adoption of Resolution 82-8 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Signatories for Entering Safe Deposit Box (First Interstate Bank of California - Los Altos) . R. Bishop seconded the motion. The motion passed unanimously. F. Renewal of Investment Authority M. Foster reviewed memorandum M::"-82-5 , dated January 15 , 1982 , discussing the renewal of his investment authority. Motion: B. Green moved the adoption of Resolution 82-9 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Certain Board Employees to Invest Temporarily Idle Funds in Securities Allowed by Government Code. H. Turner seconded the motion. The motion passed unanimously. Meeting 82-2 Page nine X. NEW BUSINESS WITH NO ACTION REQUESTED Planning Status of Former McNiel Property D. Hansen reviewed memorandum M-82-9 , dated January 29 , 1982 , noting that escrow closed on the property on January 21, 1982 . He added there was a 30 day period for the residents to vacate the property, and that the District is receiving a large trailer on the property as a gift. N. Hanko suggested that people involved in the Frances Brenner Memorial Fund might wish to contribute ideas on the Frances Brenner memorial trail or site. XI. INFORMATIONAL REPORTS H. Grench stated that AB 597 had been sent to the Governor for signature. K. Duffy said the Seven Springs Ranch development plan had its first hearing before the Cupertino Planning Commission on January 26 . H. Turner reported he spoke on open space at the Menlo Park Forum on "The Hill" . D. Woods announced a public tour of the Fremont Older Open Space Preserve had been scheduled on Saturday, January 30 , at 10 A.M. for the Cupertino Planning Commission and area residents . XII. CLAIMS Motion: D. Wendin moved the adoption of the Revised Claims C-82-2 , dated January 27 , 1982 . B . Green seconded the motion. The motion carried unanimously, with N. Hanko abstaining from item # 2834 . XIII. ADJOURNMENT The meeting adjourned at 11 :00 P .M. No Closed Session was held. Joan Combs Secretary CORRECTIONS TO MINUTES OF APPROVAL OF MINUTES A. January 27 , 1982 Motion: R. Bishop moved the approval of the minutes of January 27 , 1982 . D. Wendin seconded the motion . Discussion : N. Hanko requested the second sentence in the fifth paragraph on page five of the minutes be corrected to read "She said she felt that San Carlos and the District had worked on this project in good faith for over nine years" . R. Bishop accepted the correction in his motion to approve the minutes . The motion passed unanimously with E. Shelley abstaining from the vote since he had not been present at the meeting .