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Meeting 82-19
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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