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HomeMy Public PortalAbout19840314 - Minutes - Board of Directors (BOD) Meeting 84-06 AA. 11461 Of 30MOORM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-11, LOS ALTOS,CALIFORNIA 94022 (415)965-4717 REGULAR MEETING BOARD OF DIRECTORS MARCH 14 , 1984 MINUTES I. ROLL CALL President Daniel Wendin called the meeting to order at 7 :35 P .M. Members Present: Katherine Duffy, Daniel Wendin, Teena Henshaw, Edward Shelley and Nonette Hanko. Harry Turner arrived at 9 : 10 P .M. Member Absent: Richard Bishop. Personnel Present: Herbert Grench, Craig Britton, David Hansen, Charlotte MacDonald, Stanley Norton, Michael Foster, Del Woods, William Tannenbaum, Alice Watt, Patricia Starrett, David Camp, and Jean Fiddes. APPROVAL OF MINUTES A. February 22, 1984 Motion: E. Shelley moved the approval of the February 22, 1984 minutes. K. Duffy seconded the motion. The motion passed unanimously. H. Turner was not present for the vote. B. February 29 , 1984 Motion: E. Shelley moved the approval of the February 29 , 1984 minutes. K. Duffy seconded the motion. The motion passed unanimously. H. Turner was not present for the vote. WRITTEN COMMUNICATIONS J. Fiddes stated the Board had received the following written communica- tions: 1) a letter, dated March 5, 1984 , from David A. Hemmes of Sunnyvale, a bicyclist, asking the Board to disregard recent letters received concerning closing the Sierra Azul Open Space Preserve to bicyclists. lie noted that open space preserves must not become the private pre- serves of local equestrians; 2) a letter, dated February 24 , 1984 , from Melanie J. Harris, Secretary, Los Gatos Horseman' s Association, thanking the Board for the recently installed horse gate at the Top of the Hill entrance to the Kennedy Road Area; 3) a letter, dated March 11, 1984 , from Robert G. Boeninger of Cupertino, relating an unpleasant experience he and his family had on the Fremont Older Open Space Preserve that involved two dogs roaming the Preserve. He stated he felt all residents bordering the Preserve should be leafletted with appropriate information, and after a few weeks, any unattended dog sighted should be dispatched on the spot; 4) a letter, dated March 12 , 1984 , from Clarence and Thomas Kavanaugh, expressing their anger over comments made at the February 22 Board meeting concerning individuals involved in the Wilkins property purchase and stating they felt a public apology should be made; 5) a letter, dated March 13 , 1984 from Diane Johnson, and a letter dated March 14 , 1984 from Barbara and David Johnson of Los Altos, both protesting the closing of High Meadow Ranch; and 6) a letter, dated March 14 , 1984 , from K. Rey and Susan B. Smith of the Residents United for Rural Agricultural Land, Los Altos , expressing Herbert A.Grench,General Manager Board of Directors:Katherine Duffy,Nonette G.Hanko,Teena Henshaw,Richard S.Bishop,Edward G.Shelley,Harry A.Turner,Daniel G.Wendin Meeting 34-6 Page 2 their pleasure that the District was considering the purchase of the Cho property and their concerns that problems including parking and traffic at the Ravensbury entrance would be greatly magnified if the stable area were turned into a parking lot. D. Wendin stated that the letters concerning the Fremont Older Open Space Preserve, High Meadow Ranch, and the Cho property would be considered during the appropriate agenda item. The letter from the Los Gatos Horseman' s Association was referred to staff, and D. Wendin said staff would be reporting to the Board at the March 28 meeting on their planning approach to trail bicycle and equestrian conflicts on the Sierra Azul Open Space Preserve. D. Wendin, referring to the letter from Clarence and Thomas Kavanaugh, stated staff had talked with William Wilkins who had taken the referenced comments in the humorous spirit in which they were intended. IV. ADOPTION OF AGENDA Noting the large number of people in attendance for the agenda item relating to the acquisition of the Cho property, D. Wendin requested the item be considered after Oral Communications. The members of the Board concurred, and D. Wendin stated the agenda was adopted by Board consensus with the change noted. V. ORAL COMMUNICATIONS There were no oral communications. VI. NEW BUSINESS WITH ACTION REQUESTED A) Proposed Addition to Rancho San Antonio Open Space Preserve (Cho Property) C. Britton introduced the staff report R-84-15 of March 6 , 1984 concerning the proposed acquisition of the 375 acre Cho property adjacent to the western boundary of Rancho San Antonio Open Space Preserve. He noted the property would link Rancho San Antonio Open Space Preserve with the Duveneck Windmill Pasture Area and stated the terms of the purchase agreement called for a purchase price of $1, 500, 000. He said a cash payment of $600, 000 was required at the close of escrow, and the $900, 000 balance was payable over nine years at 7% simple interest. He said the property was currently rented on a month to month basis, at the rate of $500 per month to Beverly Fike who operated the High Meadow Boarding Stables in the valley below Permanente Creek Reservoir and noted the purchase agreement included a provision to acquire the property subject to the stable lease. D. Woods showed slides of the property and possible locations of a trail that would connect the property to the Windmill Pasture area. D. Hansen discussed the use and management recommendations contained in the staff report. He noted that a study should be initiated to determine the long- term suitability of the boarding stables in their present location and that, in the meantime, staff should work with the tenant on short-term use recommendations. D. Hansen explained the procedure staff would follow in studying the stable operation, noting staff would talk with the current tenant, review the operation, consider other possible sites for the stable, and possibly hire a consultant who could examine long-range goals for the best location for a stable. He noted staff ' s immediate concerns were the lack of water and electricity on the site and protection of the quality adjacent to the shores of the creek, which flows through Rancho San Antonio and Deer Hollow Farm. C. Britton noted, in response to a statement made by Beverly Fike, the stable operator, that the District was required by law to provide her with relocation papers. Meeting 84-6 Page 3 Discussion centered on whether a public meeting or workshop would be held concerning the stable before staff returned in June with the use and management plan for the Rancho San Antonio Open Space Preserve. D. Wendin stated at least one public meeting should be held to solicit input regarding the stable. Additional discussion centered on motorcycle and trail bike usage of the property. T. Henshaw suggested a committee be established prior to the presentation of the Rancho San Antonio Open Space Preserve use and manage- ment plan to address the increased use of the Preserve and how different user groups (joggers, hikers, and equestrians) can be accommodated. The following individuals, who identified themselves at the meeting, spoke in favor of retaining the stable operation on the property: Dusty Duistermars of Santa Clara; Joyce Besser Anderson of Los Altos Hills; Debbie Kennedy of Cupertino; Brook Fike of High Meadow Ranch; Laura Garman of San Jose; Sandy Duistermars of Santa Clara; Christine Smith; Arlene Oberndorf of Los Altos; and Nancy Ann Besser. Thrity-two letters in favor of retaining the stable operation were turned into the District Clerk at the meeting. Larry Faber of Palo Alto recommended the Board take the time to think about how to solve the problems presented, and Harry Haeussler of Los Altos asked several questions about the staff report. In response to a question from T. Kavanaugh, C. Britton stated staff would be asking the Board to consider an application to the California Department of Parks and Recreation for a federal Land and Water Conser- vation Fund grant in the amount of $300, 000 to assist with the acquisi- tion of the property. He noted the stable could be considered a recreational use under the terms of such a grant. Beverly Fike stated the reservoir was considered a potential water source in case of fires, discussed the involvement of children at the stable over the years, and noted the access road from Ravensbury into the stable area was costly to maintain, noting she usually spent $500 per year on the road. D. Wendin requested a notice be posted at the stable announcing any public workshop to be held concerning the stable operations. Motion: D. Wendin moved the adoption of Resolution 84-12, 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 Accep- tance, of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Rancho San Antonio Open Space Pre- serve - Cho Property) . K. Duffy seconded the motion. The motion passed unanimously. H. Turner was not present for the vote. Motion: D. Wendin moved that the Board tentatively adopt the use and management recommendations contained in the staff report, tentatively name the property as an addition to the Rancho San Antonio Open Space Preserve, and indicate its intention to dedicate the property as public open space. E. Shelley seconded the motion. The motion passed unanimously. H. Turner was not present for the vote. Noting there were several members of the audience present for the Fremont Older Open Space Preserve agenda item, D. Wendin suggested the Board next consider that item. The Board concurred with the recommended change in the agenda. Meeting 84-6 Page 4 B) Fremont older Open Space Preserve Use and Management Plan H. Turner arrived at 9 : 10 P.M. during this agenda item. D. Hansen introduced the use and management plan as contained in report R-84-14 of March 5, 1984 , and D. Woods showed slides to illustrate various parts of the report. D. Hansen noted the major issues addressed in the report included the request from a local equestrain to construct a small equestrian riding ring on the Preserve, moving the Ranger resi- dence from the adobe to the brown house on the site, and problems with neighborhood dogs roaming on the site. Vern Gerdeau, the equestrian who presented to staff the idea of building a small riding ring in the Regnart Canyon area of the Preserve, addressed the Board and explained the merits of the proposed project, as well as support he had received from local stable owners in the area and indi- vidual equestrians visiting the site. He noted the Preserve was primarily used by equestrains and said the arena would be used and enjoyed by many people. Discussion centered on whether the full Board or a special ad hoc use committee should consider the suitability of the proposal, how labor and materials costs for the project should be funded, and whether the riding ring would be used by members of the general public or just a small group of local equestrains. Motion: E. Shelley moved the subject of the proposed equestrian riding ring be referred to an ad hoc committee to be appointed by the President. H. Turner seconded the motion. Discussion: D. Wendin noted that among other topics, the committee should address construction costs for the ring, how and by whom costs should be funded, and how on-going maintenance of the ring should be handled. The motion passed on the following vote: Ayes: D. Wendin, E. Shelley, T/ Henshaw, N. Hanko, and H. Turner. Noes: K. Duffy. K. Duffy stated she voted against the motion since she was prepared to vote in favor of the proposed riding ring at this time. D. Hansen reiterated the reasons noted in the report concerning why staff was recommending the current Ranger residence on the Preserve be moved to the brown house. He noted the Levines would be contacted to see if they were interested in including the adobe in their leasehold area. In response to a question from E. Shelley, D. Hansen stated staff would be addressing the problem of equestrian damage on the trails due to use of the trails in the rainy season during the summer. In response to questions concerning the Seven Springs development project, staff was asked by K. Duffy to check on the current status of the project. Motion: E. Shelley moved the tentative adoption of the use and manage- ment plan presented for the Fremont Older Open Space Preserve. K. Duffy seconded the motion. Discussion: D. Wendin clarified that the motion included the proviso that an ad hoc committee would be studying the riding ring request. The motion passed unanimously. D. Wendin appointed N. Hanko, K. Duffy, and himself to serve on the ad hoc committee that would study the proposal for an equestrian riding ring. Meeting 84-6 Page 5 VII . OLD BUSINESS WITH ACTION REQUESTED A) Publications workshop Follow-Up C. MacDonald introduced report R-84-13 of March 7 , 1984 concerning the general consensus staff felt the Board had reached at the February 29 publications workshop. Discussion centered on whether the Board had agreed that the All-Site brochure should be self-supporting. H. Grench clarified that the second issue on page two of the report referred to inviting voluntary contributions, not charging a fee for various publi- cations . Motion: D. Wendin moved the Board confirm the six statements as repre- sentative of the Board' s consensus. T. Henshaw seconded the motion. The motion passed unanimously. B) Electrification Contract for Residence on Long Ridge Open Space Preserve W. Tannenbaum, referring to memorandum M-84-24 of March 5, 1984 , provided background information on the electrification project and stated that in this second bid solicitation round, two bids had been received. He stated one bid was for $45, 000 from Bay Construction, and the second bid was from East Bay Electric for $29 , 940 . He said he considered East Bay Electric - the lowest responsible bidder. He noted that staff initially thought the electrification project would cost between $15, 000 and $20, 000, and discussion centered on the merits of underaking the project. C. Britton noted that he and W. Tannenbaum had not reviewed the bid infor- mation and economic ramifications with the General Manager. S. Norton suggested the Board select East Bay Electric as the lowest responsible bidder for the project and authorize the President to sign a contract with East Bay Electric subject to the General Manager' s approval of the eco- nomic aspects of the transaction. Motion: D. Wendin moved the Board accept the bid of East Bay Electric for $29, 940 for the electrification project and authorize the President to sign the contract subject to the General Manager' s approval of the economic aspects of the transaction. T. Henshaw seconded the motion. The motion passed unanimously. C) Recitation of Pledge to the Flag H. Grench, referring to memoranda M-84-19 of March 8 and M-84-14 of February 1, introduced this agenda item, and T. Henshaw explained her proposal for recitation of the Pledge of Allegiance as stated in memo- randum M-84-13 of January 31. She proposed that the District begin the first regular meeting in January and the regular meeting closest to the Fourth of July with the pledge, and in conjunction with the pledge, a special slide presentation of District sites would be shown. D. Wendin suggested the pledge be recited at the first regular meeting in July, rather than the meeting closest to the Fourth of July, and the members of the Board concurred with the suggestion. Motion: T. Henshaw moved the District begin the first regular meetings in January and July with the pledge to the flag and a special slide presentation of District sites. H. Turner seconded the motion. The motion passed unanimously. VIII . NEW BUSINESS WITH ACTION REQUESTED, continued C) Proposed Addition to Sierra Azul Open Space Preserve (Grossmith Property) W. Tannenbaum introduced the staff report R-84-12 of March 7 , 1984 , noting the purchase price for the three acre parcel located along Kennedy Road in Los Gatos adjacent to the Sierra Azul Open Space Preserve was $36 , 000 . He stated the terms of the contract called for a $3 , 000 cash payment upon MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 375 DISTEL CIRCLE,SUITE D-1,LOS ALTOS,CALIFORNIA 94022 (415) 965-4717 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 84-6 Page 6 close of escrow with the $33, 000 balance payable in five annual install- ments of principal and interest at a rate of 6% per annum. D. Hansen reviewed the use and management recommendations for the property and stated staff was recommending withholding the property from dedication to allow for the possibility of transferring density rights at a later time. He added staff was recommending the property become an addition to the Kennedy Road Area of the Sierra Azul Open Space Preserve. Motion: K. Duffy moved the adoption of Resolution 84-13 , 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 Accep- tance of Grant to District and Authorizing General Manager to Execute Any and All Other Documents Necessary to Closing of the Transaction (Sierra Azul Open Space Preserve - Grossmith Property) . T. Henshaw seconded the motion. The motion passed unanimously. Motion: K. Duffy moved the Board tentatively adopt the interim use and management recommendations contained in the staff report, name the property as an addition to the Sierra Azul Open Space Preserve, and withhold the property from dedication at this time. E. Shelley seconded the motion. The motion passed unanimously. D) Legislative Program Update for 1984 H. Grench summarized the staff memorandum M-84-23 of March 1, 1984 and noted AB 2099 concerning the State park bond act had been signed by the Governor and would appear on the June ballot. E. Shelley questioned priority that had been assigned SB 1470 , the new "bottle bill , " and N. Hanko questioned the priority assigned to a potential bill regarding the review of development projects proposed within 300 feet of District lands. H. Grench explained how priorities were assigned for different bills , and H. Turner suggested that the priority of this potential bill be upgraded to a C at this time, with additional upgrading to a B status if a bill were introduced on the subject. The Board concurred with H. Turner's recommended change. Motion: D. Wendin moved the Board adopt the revised Legislative Program for 1983-1984 as given in Table 2 , including the priority assign- ments, and as amended for item 9 during the meeting. H. Turner seconded the motion. The motion passed unanimously. E) Ranger Trucks - Additional Funding Authorization (Memorandum M-84-25 of March 9, 1984) Motion: K. Duffy moved that the Board authorize the General Manager to spend up to an additional $2094 . 41 to acquire two 1984 Ranger patrol vehicles through the State bid process for a total cost of $23 , 294 .41. H. Turner seconded the motion. The motion passed unanimously. IX. INFORMATIONAL REPORTS C. Britton, referring to a March 5 , 1984 letter from Save-the-Redwoods League, reported the League was willing to donate two million dollars toward the purchase of the Wilkins property subject to the provisions outlined in the letter. H. Turner stated he and H. Grench had attended the Portola Valley Town Council meeting earlier in the evening to request that the Town assist the District in the purchase of the Bachtold property. He stated the Council would consider the matter again at their March 28 meeting, noting the District's Board would also be considering the purchase of the property later that same evening. Meeting 84-6 Page 7 T. Henshaw presented the Board with the Environmental Planning Award for the Windy Hill Open Space Preserve Development Project she and H. Grench had accepted in behalf of the District at the California Park and Recreation Association Conference in San Diego. H. Grench stated he and C. MacDonald had recently addressed the San Mateo County Park and Recreation Commission and said the Commission was interested in having a joint meeting with the Board. The joint meeting, which could be a field trip at Edgewood County Park, was tentatively scheduled for Thursday, April 19 at 1:00 P.M. C. MacDonald stated vans rather than a bus would be used to transport public officials on the Saturday, May 12 tour of District lands. X. CLAIMS C. Britton stated Claims 6778 and 6779 to Edward J. Grossmith and JoAnn Grossmith and to Van Vleck Realtors respectively should be deleted since they were listed incorrectly and he requested a new claim, number 6781 , be added in the amount of $3 ,000 to First American Title Guaranty Company for the acquisition of the Grossmith property. Motion: D. Wendin moved the approval of the revised claims as amended. E. Shelley seconded the motion. The motion passed unanimously with N. Hanko abstaining from voting on claim 6729 to IBM Corporation. XI. CLOSED SESSION The Board recessed to a Closed Session on land acquisition , litigation, and personnel matters at 10: 30 P.M. XII. ADJOURNMENT The Board reconvened to adjourn at 12 : 15 A.M. , Thursday, March 15 , 1984. Jean H. Fiddes District Clerk