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HomeMy Public PortalAbout19820908 - Minutes - Board of Directors (BOD) r Meeting 82-19 AA� OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 REGULAR MEETING BOARD OF DIRECTORS MINUTES SEPTEMBER 8 , 1982 I . ROLL CALL fresident Katherine Duffy called the meeting to order at 7 : 35 P.M. Members Present: Katherine Duffy, Daniel Wendin, Barbara Green, f-dward Shelley , Nonette Hanko, and Richard Bishop. Harry Turner arrived at 9 :20 P.M. for the Closed Session. Personnel Present: Craig Britton, David Hansen, Charlotte MacDonald, William Tannenbaum, Jean Fiddes , and Stanley Norton. II . APPROVAL OF MINUTES A) August 25 , 1982 N. Hanko stated the name of the agency referred to in paragraph two on Page Three should be Soil Conservation District, rather than Soil Conservation Service. Motion: N. Hanko moved the approval of the minutes of August 25, 1982. B . Green seconded the motion. The motion passed unanimously, with Directors Shelley and Bishop abstaining from the vote since they had not been present at the August 25 meeting. Sam Jones , 16891 Stevens Canyon Road, Cupertino, clarified the official name of the agency was the Evergreen Resource Conservation District. III . WRITTEN COMMUNICATIONS There were no written communications . IV. ADOPTION OF AGENDA K. Duffy stated, with the Board' s consensus , the agenda was adopted as presented. V. ORAL COMMUNICATIONS ffarry Haeussler, 1-094 Highland Circle, Los Altos , suggested members of the public be able to subscribe and receive in the mail new and revised brochures for the District preserves . Various alternatives to Mr. Haeussler' s request were discussed, and C. MacDonald stated the Openspace newsletter could be used to inform members of the public of new and revised site brochures that were available. 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 82-19 Page two VI. SPECIAL ORDERS OF THE DAY Resolution of Appreciation to Assemblyman Byron Sher (memorandum M-82-87 of August 30 , 1982) Motion: N. Hanko moved the adoption of Resolution 82-39 , a Resolution of Appreciation to Assemblyman Byron Sher for His Efforts in the California Legislature in Behalf of the Citizens of Santa Clara and San Mateo Counties and the Midpeninsula Regional Open Space District. D. Wendin seconded the motion. The motion passed unanimously. Assemblyman Sher thanked the Board for the resolution of appre- ciation and discussed AB 2521. VII. NEW BUSINESS WITH ACTION REQUESTED A. Proposed Addition to Saratoga Gap Open Space Preserve (Zabel Property) W. Tannenbaum introduced report R-82-35 , dated August 30 , 1982 , re- garding the proposed acquisition of approximately 106 acres along Highway 9 in an unincorporated area of Santa Clara County. He reviewed the terms of the purchase agreement, noting the property was being sold for $250 ,000 of which $150,000 would be in the form of a ten year note with an interest rate of 8% payable quarterly. He said the cash payment at the close of escrow would be $100 ,000 if the purchase was approved. D. Hansen showed slides of the property and reviewed the interim use and management recommendations contained in the staff report. He noted the staff would be returning to the Board at a later date to discuss the status of the creek crossing. He stated staff was recommending the property be withheld from dedication at this time and was suggesting the property become an addition to the Saratoga Gap Open Space Preserve at this time. He said staff would look into the appropriateness of making the property a part of the Costanoan Way Open Space Preserve. Beez and Sam Jones, 16891 Stevens Canyon Road , Cupertino, adjacent property owners to the proposed acquisition , stated they did not feel it feasible to have a trail connection to the Saratoga Gap Open Space Preserve on the property in the location indicated because of its steepness. They discussed the history of the area and questioned the staff about adjoining property owners ' easement rights across the property. Motion: B. Green moved the approval of Resolution 82-40 , a Resolu- tion 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 (Saratoga Gap Open Space Preserve (Zabel Property) . R. Bishop seconded the motion. The motion passed unanimously. Motion: B. Green moved the Board tentatively adopt the interim use and management recommendations. R. Bishop seconded the motion. The motion passed unanimously. Meeting 82-19 Page three Motion : B. Green moved the Board tentatively adopt the use of the name Saratoga Gap Open Space Preserve , pending further con- sideration. R. Bishop seconded the motion. The motion passed unanimously. Motion: B. Green moved the Board withhold the property from dedica- tion temporarily at this time. R. Bishop seconded the motion. The motion passed unanimously. N. Hanko requested staff consider ways to reforest portions of the property. B. Proposed Addition to Manzanita Ridge Open Space Preserve (P.M. and Associates Property) C. Britton introduced report R-82- 36, dated September 3 , 1982 , regarding the proposed acquisitionof the 21. 3 acre P.M. and Associates property located adjacent to the Manzanita Ridge Open Space Preserve. He noted that under the terms of the purchase agreement the District was also offering to purchase an additional 2 . 4 acres from P.M. and Associates if the 2. 4 acre parcel was not a feasible building site. He said the terms of the agreement called for the District to purchase the 21. 3 acre parcel of the 23. 7 holding for $530 ,000 , of which $430 ,000 would be paid in cash, with the $100 ,000 balance in the form of a promissory note due on or before January 7 , 1983. He stated no interest would be paid on the $100 ,000 until January 7 , and if the seller elected to sell the 2 . 4 acre parcel to the District, the face amount of the $100 , 000 promissory note due on the 21. 3 acre parcel would be increased by $20 ,0000 . C. Britton noted the date of January 7 , 1983 should be changed to January 14 , 1983 in the following sections of the purchase agree- ment: Page Two, Paragraph Nine ; Page Three , Sections (a) and (b) of Paragraph Nine; Page Five , Section (d) of Paragraph Fifteen; and Page Six, Paragraph Sixteen. He stated the reason for the change was the established schedule of Board meetings. D. Hansen showed slides of the property and discussed the interim use and management recommendations contained in the staff report. He noted the staff was recommending the property be withheld from dedication until the status of the 2. 4 acre parcel was determined and that the property become an addition to the Kennedy Road Area of the Manzanita Ridge Open Space Preserve. K. Duffy requested signs be immediately placed on the property to direct members of the public to the Preserve. Motion: B. Green moved the approval of Resolution 82-41, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Pur- chase 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 (Manzanita Ridge Open Space Preserve - P.M. and Associates Property) . R. Bishop seconded the motion. The motion passed unanimously. Motion: B. Green moved the tentative adoption of the interim use and management recommendations for the property. R. Bishop seconded the motion. The motion passed unanimously. Meeting 82-19 Page four Motion : B. Green moved the Board indicate its intention to dedicate the property, but withhold it from dedication at this time. R. Bishop seconded the motion. Discussion : E. Shelley clarified the property was being withheld from dedication at this time, pending action with the 2. 4 acres. The motion passed unanimously. Motion: B. Green moved the Board tentatively adopt Manzanita Ridge Open Space Preserve - Kennedy Road Area as the official name of the property. The motion passed unanimously. C. Opposition to Senate Bill 856 Re2arding Logging Regulations C. Britton reviewed memorandum M-82-88 , dated September 1, 1982 , noting SB 856 had been passed by the Legislature and sent to Governor Brown for signature. H. Hauessler expressed his support for SB 856 . Motion: N. Hanko moved the adoption of Resolution 82-42 , a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District in Opposition to Senate Bill 856 and Requesting Veto Thereof. E. Shelley seconded the motion. The motion passed unanimously. D. Proposed Joint Meeting with Santa Clara County Parks and Recreation Commission C. Britton reviewed memorandum M-82-90, dated September 2 , 1982, stating the current date being proposed for the joint meeting, which would be publicly noticed, was either Tuesday, October 19 or Wednes- day, October 20. He noted staff would like the meeting to start at 5 :00 P.M. rather than 5 :30 P.M. Motion: D. Wendin moved the President be authorized to schedule the Special Meeting with the members of the Santa Clara County Parks and Recreation Commission. B. Green seconded the motion. The motion passed unanimously. VIII. INFORMATIONAL REPORTS Robert Fisse , 20225 Skyline Boulevard, Woodside , stated he felt the Board should take a position on the California Senate bill (AB 999) which prohibits cities from banning the sale of safe and sane fireworks. He said the bill had been sent to Governor Brown for signature. Motion: N. Hanko moved the bill which would change regulations from local to state that has to do with fireworks be considered by the Board as an emergency item. R. Bishop seconded the motion. The motion passed unanimously. IX. NEW BUSINESS WITH ACTION REQUESTED, continued E. Opposition to Senate Bill 999 Prohibiting Cities from Banning Sale of Fireworks Motion: N. Hanko moved the staff be authorized to send a letter to the Governor expressing the Board' s opposition to the removal of local controls on the prohibition of fireworks. R. Bishop seconded the motion. The motion passed unanimously. C. Britton stated the staff would be checking with R. Beckus , the District' s legislative consultant in Sacramento, to ascertain more about the bill. Meeting 82-19 Page five .X. INFORMATIONAL REPORTS, continued N. Hanko requested a copy of the docent newsletter be sent to candidates for the position of Director. Discussion centered on informational materials to be sent to candidates , and C. Britton stated staff would review Board policies regarding distribution of materials to candidates. D. Hansen stated the Dog Committee would be meeting at 7 :30 P .M. on Wednesday, September 2 9 at the District office K. Duffy appointed N. Hanko to replace her on the Committee. D. Hansen stated he had attended the joint San Mateo County Planning Commission and Parks and Recreation Commission meeting on the Edgewood Park Draft E. I. R. earlier in the day. He stated the County would be holding a hearing on the reports on October 27 and noted there would . be a field trip to the site. R. Fisse stated a festival would be held at the Congress Springs Winery on Sunday, September 12 to support the Volunteer Skyline Fire Department. D. MacDonald distributed the status report from the tenth anniversary coordinators to the Board. XI. CLAIMS Motion: E. Shelley moved the approval of the revised claims C-82-17 , dated September 8, 1982 . B. Green seconded the motion. The motion passed unanimously with N. Hanko abstaining item 3566 to I .B.M. XII. CLOSED SESSION The Board recessed to Closed Session on land negotiation matters at 9 : 18 P.M. Director Turner arrived for the Closed Session at 9 :20 P.M. XIII. ADJOURNMENT The Board reconvened to adjourn the meeting at 9 :45 P.M. Jean H. Fiddes District Clerk