HomeMy Public PortalAbout19820127 - Minutes - Board of Directors (BOD) Meeting 82-2
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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 .