HomeMy Public PortalAbout19840314 - Minutes - Board of Directors (BOD) Meeting 84-06
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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