HomeMy Public PortalAbout19820310 - Minutes - Board of Directors (BOD) Meeting 82-5
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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
MARCH 10 , 1982
I. ROLL CALL
President Katherine Duffy called the meeting to order at 7 :35 P.M.
Members Present: Katherine Duffy, Daniel Wendin, Barbara Green, and
Edward Shelley. Richard Bishop arrived at 7 :40 P.M. Nonette Hanko and
Harry Turner arrived at 7 : 45 P.M.
Personnel Present : Herbert Grench, Craig Britton, David Hansen, Charlotte
MacDonald, Stanley Norton, Jean Fiddes, and Emma Johnson
II. APPROVAL OF MINUTES
A. February 10, 1982
K. Duffy recommended a revision in the first paragraph of Page five
of the minutes, changing the wording from "He noted the wording of
key projects and activities could change. . . " to "He noted that key
projects and activities could change. . . " and a revision in the
second paragraph from " . . .Board would consider these ideas after
staff. . . " to " . . .Board would consider the future form of presenta-
tion after staff. . . " .
Motion: E. Shelley moved the approval of the minutes with the two
revisions. B. Green seconded the motion. The motion passed
unanimously. R. Bishop, N. Hanko, and H. Turner were not
present for the vote.
III. WRITTEN COMMUNICATIONS
E. Johnson reported Senator Alquist had responded to the invitation to
attend the reception in Sacramento on March 8, and a letter, dated
March 5 , 1982, had been sent to the President and Board from Alan Hosking,
President of Canada de Verde, Inc. , demanding immediate written notice
of any action taken or any proposed action involving his property.
H. Grench stated a response to Mr. Hosking' s letter was not required
since the District has no Present intentions regarding his Property.
K. Duffy reported receiving an invitation from Sempervirens Fund to its
anniversary celebration on April 4 , from 4 to 6 P.M. She indicated she
had information if any Board member would like to attend.
IV. ADOPTION OF AGENDA
Motion: E. Shelley moved the adoption of the agenda; B. Green
seconded the motion. The motion passed unanimously.
V. ORAL COMMUNICATIONS
T. Kavanaugh, 1726 Spring Street, Mountain View, suggested the Board
adopt a policy that no public money be spent on Private events where
Herbert A Grench,General Manager
Board of Directors:Katherine Duffy,Barbara Green,NonetteG Hanko,Richard S Bishop,EdwardG Shelley,Harry A Turner,Daniel G.Wendin
Meeting 82-5 Pane two
the 'Public is not invited. Board members responded that the money
expended for the legislative reception was well-spent and the cost
for inviting the public would be prohibitive.
VI. OLD BUSINESS WITH ACTION REQUESTED
A. Final Adoption of Summary Status Report on Use and Management Plan
for Planning Area VIII (Manzanita Ridge Open Space Preserve)
D. Hansen, referring to memorandum M-82-23 of March 1 , 1982 , re-
ported there had been no new comments.
Motion: R. Bishop moved final adoption of the summary status report
on the use and management plan for Vanzanita Ridge, as
amended in memorandum M-82-23, dated March 1, 1982 .
E. Shelley seconded the motion. The motion passed unanimously.
B. Bridge Construction at Rancho San Antonio County Park
D. Hansen, referring to memorandum M-82-25 , dated March 2 , 1982 ,
reported the County of Santa Clara had adopted a policy of no
parking except for certain hours on the weekends and holidays on
portions of St. Joseph' s Avenue.
C. Britton reported D. Christy of Santa Clara County Parks and Recre-
ation had resigned his position. C. Britton suggested the District' s
desire for an advisory review (with no veto power) on the utiliza-
tion of the easement over the District property should be made in
writing.
H. Grench suggested the second item in memorandum M-82-25 could be
appended and made more specific so that an advisory review by the
District would be included.
Motion : R. Bishop moved the Board adopt staff recommendations
regarding bridge construction at Rancho San Antonio including
the four recommendations in staff memorandum M-82-25 , dated
March 2 , 1982 , and add to recommendation 2 in the memorandum
that the joint planning shall include an advisory review by
the District of the County' s development plans for the area.
N. Hanko seconded the motion. The motion passed unanimously.
VII. NEW BUSINESS WITH ACTION REQUESTED
A. Proposed Addition to Windy Hill Open Space Preserve (Anderson Property)
C. Britton reviewed report R-82-13 , dated March 1, 1982 regarding
the proposed acquisition of a 6 . 2 acre parcel adjacent to 1,7 indy Hill.
He noted the parcel had been appraised at $150,000 , and the owner
had offered to sell at the bargain price of $125 ,000 , a generous gift
of $25 ,000 toward the accomplishment of the District' s open space
goals.
D. Hansen reviewed the use and management recommendations of main-
taining the existing barbed wire fence along Skyline Boulevard and
installing boundary plaques at the boundaries. K. Duffy asked that
land management and ranger staff remove "No Trespassing" signs when
they are noticed.
Motion: H. Turner moved the Board adopt Resolution 82-11, a Resolu-
tion of the Board of Directors of the Midpeninsula Regional
Open Space District Authorizing Acceptance of Agreement to
Purchase Real Property - Bargain Sale, Authorizing Officer
Meeting 82-5 Page three
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 Trans-
action (Windy Hill Open Space Preserve - Anderson Property) .
B. Green seconded the motion. The motion passed unanimously.
Motion: H. Turner moved the Board tentatively adopt the use and
management recommendations contained in the report and
formally dedicate the property as open space, and unofficially
name the property as an addition to the Windy Hill Open Space
Preserve. B. Green seconded the motion. The motion passed
unanimously.
Discussion: H. Grench noted that dedication has been
scheduled at the first reading, but that it may be more
appropriate at the second reading when the Board adopts
use and management plans. K. Duffy stated the Board' s
concurrence that a statement of intent of the dedication
status of a new acquisition would be appropriate at the
first reading.
B. Preliminary Action Plan for the Implementation of the Basic Policy
of the Midpeninsula Regional Open Space District for Fiscal Year
1982-1983
H. Grench introduced each section of report R-82-12 , dated March 3,
1982 , and asked for comments or questions on the individual sections.
He pointed out the major change in the Open Space Acquisition Pro-
gram was the inclusion of the Enterprise Subprogram which had been
in the Open Space Management Program. K. Duffy noted that Hassler
and Novitiate projects had not been specifically mentioned in either
the Negotiations Subprogram or Key Projects and that she would like
to see them specifically mentioned. H. Grench suggested adding to
the first item in Key Projects and objectives of the Special Projects
Subprogram: " , specifically the Hassler and Novitiate projects" ,
referring to the current grant project backlog.
H. Grench noted use and management planning in the Open Space Manage-
ment Program would be keyed to site emphasis policies and said staff
will return to the Board with proposed policies and a site emphasis
plan.
H. Turner asked D. Hansen to keep hin informed of progress on the
Windy Hill Loop Trail in Portola Valley.
K. Duffy expressed concern about the emphasis on developing standards
for trails as mentioned in number 5 of Other Typical Projects and
Activities, and the Board concurred that trail guidelines should be
developed, eliminating "standards and specifications" from the
language.
H. Grench reported the main emphasis of the Public Communications and
Government Liaison Program will be the tenth anniversary activities.
He said staff has been working on possible projects and will pre-
sent a report on Board and citizen involvement for the anniversary.
H. Grench noted the main change in the General Management and Pro-
gram Support reflects the additional function of Directors '
elections. B. Green noted that staff resources are not allocated
in the program. H. Grench replied that general management staff
Meeting 82-5 Page four
works in the other program areas and it is very difficult to allo-
cate the amount of time expended.
Motion: B. Green moved to adopt tentatively the Action Plan pre-
sented in report R-82-12 , dated March 3, 1982 , as amended
on pages 3 and 12. H. Turner seconded the motion. The
motion passed unanimously.
C. Amendments to District' s Legislative Program
H. Grench reviewed memorandum M-82-24 , dated March 2 , 1982 , noting
recommended changes in the language of the Public Resources Code.
Ile recommended setting priorities on the proposed East Bay Regional
Park District legislation after the specific language is reviewed.
He added that progress has been made on the prescribed burning
legislation and Senator Alquist had introduced SB 1680 which will
soon be heard in committee.
H. Grench reported that AB 597 had been signed by the Governor.
Motion: R. Bishop moved the Board adopt the recommendations and
priorities listed in memorandum M-82-24 , dated March 2 .
1982 , and moved the Board adopt Resolution 82-12 of the
Board of Directors of the Midpeninsula Regional Open Space
District, a Resolution of Appreciation to Assemblyman Byron
Sher and Other Local Legislators for Support of Assembly
Bill 597. N. Hanko seconded the motion. The motion
passed unanimously.
D. Transfer of Monte Bello Road Right of Way to County of Santa Clara
at Picchetti Ranch Area
C. Britton reviewed report R-82-14, dated March 3, 1982 , noting
the District is basically giving the County a deed of right-of-way.
Motion : B. Green moved the Board adopt Resolution 82-13 , a Resolu-
tion of the Board of Directors of the Midpeninsula Regional
Open Space District, Approving of a Deed of Right of Way for
Monte Bello Road to the County of Santa Clara, Authorizing
Officer to Execute Said Deed and Certificate of Acceptanc-
to Quitclaim Deed, and Authorizing General Manager to Execute
Any and All Other Documents Necessary or Appropriate to
Closing of the Transaction (Portions of Picchetti Ranch Area) .
H. Turner seconded the motion. The motion passed unanimously.
E. Gift of Double-Wide Mobile Home From Greg McNiel
D. Hansen reviewed memorandum M-82-26 , dated March 5 , 1982 , and
recommended sale of the mobile home as soon as possible because the
well pump had been stolen, making it impossible to rent even on a
short-term basis.
Motion: E. Shelley moved the Board accept the gift of the double-
wide mobile home as offered by Mr. McNiel and authorize the
General Manager to acknowledge the gift and sign all necessary
documents to complete the transfer, and tentatively adopt
the additional interim use and management considerations con-
tained in memorandum M-82-26 , dated March 5 , 1982 .
H. Haeussler asked if the motion included a recommendation
of capping the wells. K. Duffy stated the Board' s concurrence
that capping the well would be added to the motion.
Meeting 82-5 Page five
H. Turner seconded the revised. motion. The motion passed
unanimously.
VIII. INFORMATIONAL REPORTS
B. Green reported she attended a Special District Government Institute
for Presidents and Board Members of Special Districts in Sacramento.
She noted it was beneficial and recommended Board representation at
next year' s session.
H. Grench noted that four staff members attended parts of the California
Parks and Recreation Society Annual Conference in Sacramento. He,
D. Hansen, and C. MacDonald reported on sessions they attended.
K. Duffy stated she represented the Board at the legislators ' reception
in Sacramento, co-hosted by the East Bay Regional Park District. She
noted she talked with Representatives Sher and Naylor regarding legis-
lation on extending the lease agreements , and with Senator Alquist
regarding the controlled burn.
C. Britton reported his attendance at the retirement event for "Doc"
Mattison, Director of Parks and Recreation for San Mateo County.
H. Grench reported that the District' s new bill, AB 2521, will be heard
on March 16 before the Assembly Local Government Committee, and that
he will testify; he asked the Board to authorize the President of
the Board to attend and testify also.
Motion: R. Bishop moved the Board authorize the Board President or
her representative to attend the Committee hearing in
Sacramento. E. Shelley seconded the motion. The motion
passed unanimously.
IX. CLAIMS
Motion: N. Hanko moved the approval of the revised claims 82-5 ,
dated March 10, 1982 . E. Shelley seconded the motion. The
motion passed unanimously.
X. CLOSED SESSION
President Duffy recessed the meeting to Closed Session at 9 : 37 P.M.
XI. ADJOURNMENT
The Board reconvened to adjourn at 10 :53 P.M.
Emma Johnson
Secretary
Meeting 82-6 Page Two
VI. OLD BUSINESS WITH ACTION REQUESTED
A. Final Adoption of Interim Use and Management Plan for Addition
to Windy Hill Open Space Preserve (Anderson Property)
D. Hansen, referring to memorandum M-82-28, dated March 16 , 1982,
reported there had been no additional comments on the recommendations .
Motion: R. Bishop moved the final adoption of the interim use
and management plan for the addition to Windy Hill Open
Space Preserve with the addition of item three in the
recommendation which states "Remove old metal 'Private
Property' and 'No Trespassing' signs along the property
boundary" . H. Turner seconded the motion. The motion
passed unanimously.
B. Use and Management Changes - McNiel Property, Monte Bello Open
Space Preserve
D. Hansen reviewed memorandum M-82-29 , dated March 16 , 1982 .
Motion: H. Turner moved the Board approve the amended use and
management recommendations for the former McNiel property.
R. Bishop seconded the motion. The motion passed
unanimously.
C. Selection of Bidder for Monte Bello Open Space Preserve Parking
Lot Construction
H. Grench introduced memorandum M-82-32 , dated March 24 , 1982 , noting
staff had completed the analysis of the bids for the construction of
the Monte Bello parking lot.
D. Hansen stated there were three corrections in the Bid Summary chart
attached to memorandum M-82-32. He said the Import Fill Add-On, the
Main Project, and the Total figures for Neu Bros. Grading and Paving
of Burlingame should be changed to $4675 , $23, 185 , and $29 ,060 respec-
tively, and noted the reason for the change was a misunderstanding of
the bid form.
Motion: R. Bishop moved the Board accept the bid of Neu Brothers
Grading and Paving Company for the construction of the Monte
Bello parking lot. H. Turner seconded the motion.
Discussion : In response to a question from B. Green, D. Woods
stated the bid was a fixed price, but there was some flexi-
bility built into the contract pending the results of the
engineering study to be done by the City of Palo Alto' s
engineer on the degree of corpaction required. D. Hansen
stated he had done a reference check on Neu Brothers , noting
it had been in business for 15 years and appeared to be a
responsible company. R. Bishop, with 11. Turner' s concurrence ,
included in his motion that the General Manager be authorized
to enter into a contract with Neu Brothers for performance
of the work. N. Hanko noted that there were a number of
documents covering the subject and that the bid from Neu
Brothers Grading and Paving Company was the lowest bid. The
motion passed unanimously. H. Turner was not present for
the vote.
Meeting 82-6 Page Three
R. Bishop stated he and S. Norton had been discussing the District' s
design review immunity and noted that with a project of this type the
Government Code allows the District to pursue immunity from liability
by adoption of an appropriate resolution. After discussing the matter,
N. Hanko stated the Board' s consensus that S. Norton would prepare a
resolution authorizing the General Manager to approve the plans and
specifications as an agenda item for the near future.
D. Hansen stated the Monte Bello Open Space Preserve field trip had
been rescheduled to Saturday, April 3.
VII. NEW BUSINESS WITH ACTION REQUESTED
A. Preliminary Plans for Observing the loth Anniversary of the Mid-
Peninsula Regional Open Space District
C. MacDonald reviewed memorandum M-82-31, dated March 19 , 1982 ,
regarding possible activities for the District' s 10th Anniversary.
Discussion centered on whether individuals invited to the Founders '
Day dinner should be asked to pay for their meal; hosting a special
picnic on a preserve for the District' s docents; forming a "Friends of
the District Committee" to assist in the planning of the anniversary
activities, including the Founders ' Day dinner, and in fundraising
to cover the cost of various events, and hiring a part-time coordinator
to organize the various activities suggested as a part of the 10th
Anniversary celebration.
Motion: D. Wendin moved that staff be authorized to solicit proposals
for a paid-for consultant to coordinate the 10th Anniversary
activities and return with a recommendation to the Board,
that the Founders' Day activities be done on a self-supporting
basis, and that the staff return to the Board with a proposed
budget for the balance of the activities. B. Green seconded
the motion.
Discussion: N. Hanko suggested that a citizens committee
work on the planning of the dinner so that it could be self-
supporting.
Motion to Amend: N. Hanko moved to amend the motion by including the
statement that a citizens committee be appointed by the Board
to be in charge of putting together a Founders ' Day dinner.
The motion to amend was not seconded.
Motion to Amend: N. Hanko moved to amend the motion by including the
statement that the consultant consider the use of a citizens
committee for the benefit of putting together the Founders '
Day dinner.
The motion to amend was not seconded.
Discussion: Ernie Ramirez , 525 East Pleadow Drive, Palo
Alto, a District docent, stated he felt some concession
to District docents would be greatly appreciated. T. Kavanaugh
suggested the staff check the November football schedule when
planning events, said members of the public should be able to
attend the dinner, and stated the activities should be
organized' through volunteer efforts , -rather than by hiring
a consultant.
Meeting 82-6 Page Four
H. Turner called for a vote on the motion. The motion passed
unanimously.
Motion: B. Green moved that staff return with a concept of a
citizens committee for Board consideration in the very near
future. R. Bishop seconded the motion.
Discussion: D. Wendin stated he supported the idea of a
citizens committee, but opposed the: motion since the discussion
of a citizens committee should occur after a person was hired
to coordinate the loth anniversary activities. B. Green and
R. Bishop agreed to delete the words "in the near future"
and include the words "at their discretion" after the word
"return" in their motion.
Motion to Amend: D. Wendin moved to amend the motion before the Board
to specify that staff return with a concept of a citizens
committee at the time the loth anniversary plans are next
considered by the Board. N. Hanko seconded the motion.
Discussion: Lewis Reed, 225 Lindenbrook, Woodside , suggested
it would be more appropriate to use the term coordinator for
the person hired to work on the anniversary ' s activities .
The motion to amend passed unanimously.
The amended motion passed unanimously.
Motion: H. Turner moved the Board adopt the staff report (memorandum
M-82-31, dated March 19 , 1982) as a guideline for the loth
anniversary celebration. E. Shelley seconded the motion.
The motion passed unanimously.
Motion: H. Turner moved the word "consultant" in D. Wendin' s motion,
seconded by B. Green, be changed to "coordinator" . B. Green
seconded the motion. The motion passed unanimously.
B. Summary Status Report on the Use and Management of Planning Area X -
Stevens Creek Shoreline Nature Study Area and San Mateo County
Baylands Reserve
D. Hansen reviewed report R-82-16 , dated March 16 , 1982 on the Stevens
Creek Shoreline Nature Study Area and the San Mateo County Baylands Re-
serve. Discussion of the Stevens Creek Shoreline Nature Study Area
portion of the report centered on protecting the District' s marshland
from any potential impacts that might result from the construction of
extensive flood protection levees and storm drainage facilities proposed
by the Naval Air Station at Moffett Field. The types of educational
marshland experiences available in the area were also discussed.
H. Grench noted a comprehensive planning study needed to be done for the
area between the Dumbarton Bridge and Cooley Landing.
T. Kavanaugh asked a number of questions concerning the report. In re-
sponse to Mr. Kavanaugh' s questions, H. Grench stated staff would check
into the fencing at Cooley Landing, for the next meeting, and N. Hanko
requested staff report back to the Board on the accuracy of the map and
on what had transpired on the CalTrans mitigation parcel.
Motion: E. Shelley moved the recommendations contained in report
R-82-16 . B. Green seconded the motion. The motion passed
unanimously.
Meeting 82-6 Page Five
R. Bishop requested staff report back to the Board as to whether the
statement on Page 4, "The 50 acre property is being returned to its
natural condition as a part of the mitigation process" should be modi-
fied. N. Hanko stated the Board concurred with R. Bishop ' s request.
T. Kavanaugh requested a comment be included in the report about the
land between the railroad tracks and the Dumbarton Bridge approach
that the District had considered purchasing with grant funds.
H. Grench responded the District' s application for such grant funds
had been turned down.
C. Proposed Chaparral Management Program Application
D. Hansen reviewed report R-82-15 , dated March 18 , 1982 , on the
California Department of Forestry' s Chaparral Management Program and
the implementation of Phase II of the Monte Bello Open Space Preserve
Fire Management Plan. H. Grench noted SB 1680 , which would allow the
California Department of Forestry to do controlled burning on the Monte
Bello Open Space Preserve, had passed its first committee, the
Energy and Natural Resources Committee.
A. Watt showed slides of helitorch burning.
Motion : E. Shelley moved the adoption of Resolution 81-14 , a
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving an Application for
C.D.F. Chaparral Management Program - Monte Bello Open Space
Preserve Controlled Burning Project. H. Turner seconded the
motion. The motion passed unanimously.
Motion: E. Shelley moved the Board grant authority to staff to enter
into the necessary contract for the implementation of Phase
II of the Monte Bello Open Space Preserve Fire Management
Plan. B. Green seconded the motion. The motion passed
unanimously.
D. Federal Non-Fundina of Land and Water Conservation Fund State
Assistance
H. Grench reviewed memorandum M-82-27 , dated March 17 , 1982 , regarding
the elimination of Land and Water Conservation Fund state and local
assistance.
Motion: B. Green moved the adoption of Resolution 82-15 , a Resolution
of the Board of Directors of the Midpeninsula Regional Open
Space District Urging Federal Funding for the Portions of
Land and Water Conservation Fund Grants Directed to the States
and Territories of the United States. D. Wendin seconded the
motion. The motion passed unanimously.
N. Hanko stated the Board' s consensus that copies of the resolution
should also be forwarded to California Senatorial candidates.
VIII. INFORMATIONAL REPORTS
H. Grench reported: 1) AB 2521, the new bill sponsored by the District
regarding the leasing of land, had passed its first committee hearing
and would be going to the Assembly floor;
2) the Cupertino Planning Commission had denied the District ' s request
for trail access, patrol access , and a parking lot as a part of the
Seven Springs development plan; and
Meeting 82-6 Page Six
3) the Peninsula Times Tribune would be publishing an article , which
might include an opinion poll, on open space.
D. Hansen reported: 1) the members of the California Recreational
Trails Commission had toured District, State and county lands on
March 18 in order to acquaint themselves with trail plans in the
area;
2) the tour of the McNiel property and the Monte Bello Open Space Pre-
serve had been scheduled for Saturday, April 3;
3) Patrick Congdon had been hired as the District' s eighth Ranger; and
4) the parking lots at Rancho San Antonio County Park were full on
Sunday, March 21, and cars had been parked on St. Joseph' s Avenue
and that staff was investigating possible alternative parking sites
in the County Park.
N. Hanko requested the individuals interested in the memorial trail
or site for Frances Brenner at the Monte Bello Open Space Preserve
be involved in the early planning stages for the trail or site.
IX. CLAIMS
Motion: D. Wendin moved the approval of the revised claims , 82-6 ,
dated March 24, 1982 . E. Shelley seconded the motion.
Discussion: E. Shelley questioned Claim 3026 for San Mateo
County property taxes , and H. Grench responded the land in-
volved had not yet been annexed into the District. In
response to a question from T. Kavanaugh, J. Fiddes stated
Claim 2998 covered K. Duffv' s travel expense to Sacramento
for the reception the District co-hosted with the East Bay
Regional Park District.
The motion to approve the claims passed unanimously with
N. Hanko abstaining from Claim 3010.
X. CLOSED SESSION
H. Grench had announced earlier in the meeting it would not be
necessary to have a Closed Session to discuss land negotiations , and
none was held.
XI. ADJOURNMENT
The meeting was adjourned at 10 :24 P .M.
Jean H. Fiddes
District Clerk
CORRECTIONS TO MINUTES OF
APPROVAL OF MI14UTES
A. March 24 , 1982
Motion-: E. Shelley moved the approval of the minutes of March 24 , 1982 .
D. Wendin seconded the motion.
Discussion : Tom Kavanaugh, 1726 Spring Street , Mountain View,
requested the minutes be corrected to include- the statement
"The Chairman said the map was correct" on Page Four under
Summary Status on the Use and Management of Planning Area X -
4-V
Stevens Creek Shoreline Nature Study Area and San Morten County
Baylands Reserve.
The Board declined to accent the suggestion from Mr. Kavanaugh,
a member of the audience and the motion passed unanimously
with K. Duffy abstaining since she had not been Present at the
meeting.